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HomeMy WebLinkAboutJohnson County Recorder 2017Page 1 Page # Date Iowa City Board of Adjustment Decision of November 9, 2016 (1) EXC16-00008, 01/12/17 Approval for a parking waiver or up to 18 spaces to allow a lower scale building with up to 36 dwelling units, one bedroom or efficiency units. Subject to Design Review Committee. (2) EXC16-00010, approval to allow general office and commercial retail Uses to be located in a structure designed for a use that is not allowed in the zone in the High Density Multi -Family (RM -44) zone at 518 Bowery St subject to conditions. 2 Iowa City Board of Adjustment Decision of December 14, 2016 (1) EXC16-00012, 01/23/17 Approval to allow a Fraternal Group Living Use to be established at 332 Ellis Ave in the RNS-20 zone subject to conditions. Ord 174690, conditionally rezoning 3.48 acres of property located at the southeast comer 02/10/17 of Camp Cardinal Road and Gathering Place Lane from Planned Development Overlay (OPD -5) zone to Low Density Multi -Family Residential (RM -12) zone. 4 Res 17-36, accepting the dedication of a 2.97 acre parkway in Hunters Run Subdivision, 02/10/17 Part Four, Iowa City, Johnson County, Iowa, as public open space. Res 16-24, accepting developer's agreement and easements associated with the Final 02/27/17 Planned Development Overlay (OPD) plan for Prairie Hill, Iowa City, Iowa. 6 Res 17-81, accepting the work for the water main public improvements and the dedication 03/24/17 of an access and water main easement for the Algonquin Road water main extension for the residence at 620 Foster Rd. 7 Ord 17-4698, conditionally rezoning 10.26 acres of property located at North of Scott 03/24/17 Blvd between Hickory Heights Lane and First Avenue from Interim Development (ID -RS) zone to Low Density Multi -Family Residential (RM -12) zone. 8 Iowa City Board of Adjustment Decision of April 12, 2017 (1) EXC17-00002, approves 05/05/17 The special exception to allow an expansion of a general educational facility to construct A two-story athletic training facility subject to conditions. 9 Res 17-157, approving a development agreement, including the transfer of land, by and 05/05/17 between the City of Iowa City, Iowa and Augusta Place LLC. 10 Res 17-156, approving amendment No 15 to the City -University Project 1 Urban Renewal 05/05/17 Plan to add projects to the Urban Renewal area. I 1 Ord 174704, rezoning 12.28 acres of property from Low Density Single Family Residential 05/19/17 (RS -5) and Low Density MultiFamily Residential (RM -12) to Planned Development Overlay/ Low Density Single Family Residential (OPD -5) zone and Planned Development Overlay/ Low Density MultiFamily Residential (OPD/RM-12) zone and approving a preliminary Sensitive Areas Development Plan for the Larson Subdivision, a 2 -lot, Residential Subdivision Located north of Scott Blvd between Hickory Heights Lane and First Avenue. 12 Ord 174706, conditionally rezoning approximately .705 acres of property located at 619 and 05/19/17 627 Orchard Court from Planned Development Overlay — Low Density Single Family (OPD -5) zone to Riverfront Crossings — Orchard (RFC -O) zone. Page 2 Page # Date 13 Ord 17-4704A, rezoning 12.28 acres of property from Low Density Single Family Residential 06/01/17 (RS -5) and Low Density MultiFamily Residential (RM -12) to Planned Development Overlay/ Low Density Single Family Residential (OPD -5) zone and Planned Development Overlay/ Low Density MultiFamily Residential (OPD/RM-12) zone and approving a preliminary Sensitive Areas Development Plan for the Larson Subdivision, a 2 -lot, Residential Subdivision Located north of Scott Blvd between Hickory Heights Lane and First Avenue. 14 Ord 17-4708, conditionally rezoning approximately 3,440 square feet of property located 06/09/17 At 812 S Summit Stret from Low Density Single Family Residential with Historic District Overlay (RS-5/OHD) to Neighborhood Commercial with Historic District Overlay (CN-1/OHD). 15 Ord 17-0709, conditionally rezoning approximately 4,550 square feet of property from Central 06/09/17 Business Service (CB_2) zone to Central Business Support (CB -5) zone located at 202 North Linn Street. 16 Iowa City Board of Adjustment Decision of May 10, 2017 (1) EXC 17-00003, approves a special 06/27/17 Exception for the expansion of a general education facility to allow a school building addition Approximately 18,500 square feet and expansion of the parking areas to allow up to 300 parking spaces, subject to conditions. 17 Res 17-218, approving amendment no 3 to the Riverside Drive Urban Renewal plan to add 06/23/17 Projects and to add land to the Urban Renewal Area. 18 Ord 174711, rezoning to amend a preliminary Planned Development Overlay (OPD) plan 06/23/17 For 7.8 acres of property located west of Miller Avenue and south of Benton Street. 19 Res 17-213, approving final plat of Churchill Meadows Part Four, Iowa City, Iowa. 07/06/17 20 Iowa City Board of Adjustment Decision of June 14, 2017 (1) EXC17-00004, approval to 07/17/17 amend special exception EXC98-00029 to remove a requirement that the property provide "a physical traffic barrier....." Staff will present a resolution to Council to approve the termination. 21 Res 17-224, approving final plat of The Crossings, Phase One and Phase Two, Iowa City, IA. 07/13/17 22 Res 17-228, approving Amendment #3 to an agreement for Private Development by and between the City of Iowa City, Iowa and Riverside West, LLC formerly known as EMRICO Properties II, LLC. 23 Iowa City Board of Adjustment Decision of July 12 14, 2017 (1) EXC17-00005, approval To allow a second order board and for the drive-through facility located in the Community Commercial (CC -2) zone at 1861 Lower Muscatine Rd, subject to conditions. 24 Ord 174704A, rezoning 12.28 acres of property from Low Density Single Family Residential (RS -5) and Low Density MultiFamily Residential (RM -12) to Planned Development Overlay/ Low Density Single Family Residential (OPD -5) zone and Planned Development Overlay/ Low Density MultiFamily Residential (OPD/RM-12) zone and approving a preliminary Sensitive Areas Development Plan for the Larson Subdivision, a 2 -lot, Residential Subdivision Located north of Scott Blvd between Hickory Heights Lane and First Avenue (re-recorded with plans) 07/26/17 08/02/17 06/01/17 Page 3 25 Res 17-226, attest certain easement agreements and accepting the dedication of right of way 08/04/17 To facilitate the development of Hoover (East) elementary school in Iowa City, Iowa. 26 Ord 174718, conditionally rezoning approximately 1.59 acres of property located west of 08/21/17 Taft Avenue and east of Huntington Drive, from Medium Density Single -Family Residential (RS -8) zone to Low Density Multi -Family Residential (RM -12) zone. 27 Res 17-269, approving termination of agreement with ATI Properties, L.L.C. 08/23/17 28 Ord 17-4721, rezoning 2500 square feet of property from Planned High Density Multi- 09/07/17 Family Residential (PRM) zone to Riverfront Crossings — Central Crossings (RFC -CX) Zone for property located at 114 E Prentiss Street. 29 Res 17-280, authorizing an amendment to the subdivider's agreement for Cardinal Pointe 09/07/17 South, Part Three regarding Outlots E and F. 30 Ord 17-4722, rezoning approximately 0.20 acres of property from Central Business Support 09/22/17 (CB -5) to Central Business Support with a Historic Preservation Overlay (CB-5/OHP) zone Located at 10 South Gilbert Street. 31 Ord 1711723, rezoning approximately 21.77 acres of property located north of Rohrer Road 09/22/17 And west of Lake Shore Drive, from Rural Residential, RR -1 (4.16 acres) and Interim Development Single -Family Residential, ID -RS (17.61 acres) to Low -Density Single -Family Residential, RS -5 zone. 32 Res 17-214, approving final plat of Larson Subdivision, Iowa City, Iowa. 09/28/17 33 Res 17-323, resolution accepting the Dedication Outlots I and J, Lindemann Subdivision, 10/25/17 Part Three, and Outlots Q and R, Lindemann Subdivision, Part Five as Public Open Space. 34 Ord 1711726, conditionally rezoning 2.4 acres of property from Medium Density Single- 10/30/17 Family (RS -8) zone to Planned Development Overlay- Meduim Density Single -Family Residential (OPD -8) zone located on Dodge Street Court. 35 Iowa City Board of Adjustment Decision of October 11, 2017 (1) EXC17-00006, approval 11/13/17 for a special exception to extend the hours of operation for a Rooftop Service Area at 328 South Clinton to 10:00 AM to midnight Sunday through Thursday and 10:00 AM to 2:00 Amon Friday and Saturday, subject to conditions. (2) EXC17-00007, approval for a special exception to allow a drive-through facility for property located at 1075 Highway 1 West, subject to conditions. 36 Res 17-354, authorizing the Mayor to sign and the City Clerk to attest to a sanitary sewer 12/07/17 Easement on the lot located at the southeast comer of Bayard St and Lusk Ave. 37 Res 17-355, accepting the dedication of right-of-way for Bristol Dr adjacent to Dean Oakes 12/12/17 Fifth Addition, Iowa City, Iowa. 38 (REVISED) Res 17-354, authorizing the Mayor to sign and the City Clerk to attest to a 12/07/17 sanitary sewer easement on the lot located at the southeast comer of Bayard St and Lusk Ave. 39 (REVISED) Res 17-355, accepting the dedication of right-of-way for Bristol Dr adjacent to 12/12/17 Dean Oakes Fifth Addition, Iowa City, Iowa. Page 4 40 Ord 17-4730, conditionally rezoning 28.03 acres from Interim Development — Research Park 11/29/17 (ID -RP) zone to High Density Single -Family Residential (RS -12) zone for 5.35 acres, Low Density Multifamily (RM -12) zone for 3.3 acres and Rural Residential (RR -1) zone for 19.38 acres for property located west of Camp Cardinal Road and south of Kennedy Parkway. o II I III IIII IIIIII III IIIII IIIII VIII VIII III II IIIII II I I I IIIII II III VIII ulll IIII IIII Prepared by Sarah Walz, Associate Planner, 410 E. Washington, Iowa City, IA 52240; 319/356-5230 Doc ID: 026615790006 Type: GEN Kind: DECISION Recorded: 01/12/2017 at 09:58:50 AM DECISION Fee Amt: $32.00 Page 1 of 6 IOWA CITY BOARD OF ADJUSTMENT Johnson County Iowa Kim Painter County Recorder WEDNESDAY, November 9, 2016 6K5609 PG431-436 EMMA J. HARVAT HALL MEMBERS PRESENT: Becky Soglin, T. Gene Chrischilles, Connie Goeb, Larry Baker, Tim Weitzel MEMBERS ABSENT: None. STAFF PRESENT: Sue Dulek, Sarah Walz, Chris O'Brien OTHERS PRESENT: Kevin Monson, Alicia Trimble, Nancy Bird SPECIAL EXCEPTION ITEMS: 1. EXC16-00008: Discussion of an application submitted on behalf of Monark LLC, for a special exception to allow a 100% reduction in the off-street parking requirement for a proposed mixed use building to be constructed in the Central Business District (CB -10) zone at 7 South Linn Street. The Board finds that the subject property at 7 South Linn Street falls within the Downtown Parking District and that the property has been vacant since 2011. The Board concludes that uses, elements, or features of the proposal will further housing, economic development, or other goals of the Comprehensive Plan, including the Downtown and Riverfront Crossings Master Plan, based on the following findings: • The proposed building provides commercial space on the first floor. • The applicant's intent is that the housing units will meet the guidelines for the State of Iowa Workforce Housing Tax Credit program and that the building will be designed to LEED standards. • The building will provide a unique type of housing (efficiency and one -bedroom apartments) that may appeal to the non -student rental market. The Board concludes that it is not feasible to provide at least 50% of the required parking on site due to specific qualifying site constraints based on the following findings: • The subject lot width is only 41 feet wide. • The subject lot is located midblock and does not have sufficient alley access to accommodate vehicles. c The Board concludes that the proposed project will be designed in a manrierhatis sensitiito and complementary to the adjacent property designated as an Iowa City ldn_trolarkbased on the following findings: - o •_ • The proposed new structure is set back from the south (side) propertq* 'e o�provide' separation from the historic structure. <n as • The contemporary design of the new building serves to differentiate the new development from the historic property. • A lower scale building and Design Review Committee approval will ensure that the proposed building creates a harmonious transition between the modern building proposed and the abutting historic structure and will reflect the horizontal alignment in the corner building, horizontal architectural elements—similar to those used on the Vogel House Building. The Board concludes that the specific proposed exception will not be detrimental to or endanger the public health, safety, comfort, or general welfare; and ingress or egress from the site will not create congestion in the public right -of way based on the following findings: • There is no vehicular access to the property • The Director of Transportation and Resource Management has indicated that loading zones may be provided on a temporary basis during peak moving times by covering parking meters adjacent to the property. • The applicant's intent to provide secure access to the rear of the building by installing a gate or other appropriate means may be ensured through the Design Review process. 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: • The proposed reduction in parking and payment of Fee_ re„ of will not impact property in the immediate vicinity and because the building is in general conformance with the requirements of the CB -10 zone and payment of fees in lieu of will contribute to the construction of future parking facilities. • Granting the exception will allow a property that is currently vacant to redevelop, which will be beneficial to the downtown area. • The proposed development does not preclude abutting properties from being redeveloped at a similar scale to the subject property. • The Director of Transportation and Resource Management has indicated that there will be adequate space in the Downtown parking facilities to absorb the demand. The Board concludes that adequate utilities, access roads, drainage and necessary facilities have been or are being provided, based on the following finding: • The Director of Parking and Resource Management has indicated that, while demand for permits is high and the adjacent Tower Place facility is near capacity, parking is available and additional capacity will open up with a new parking facility currently under construction on Harrison Street. This will allow for shifting parking demand and permits to other parking structures. The Board concludes that, except for the specific regulations and standards applicable to the exception being considered, the specific proposed exception, in ali=_other respeefs, conforms to the applicable regulations or standards of the zone in whic6A46 tote located based on the following findings: c.� • The submitted elevations and site plan show general conformance with the basic required first -floor elements—front setback, storefront windows, entry at grade, etc. • Balconies that extend from the east face of the building over the City right-of-way will require the purchase of air rights from the City. • A more detailed plan submitted as part of the building permit process and Design Review will ensure compliance with other aspects not reviewed as part of the special exception. The Board concludes that the proposed use will be consistent with the Comprehensive Plan, as amended based on the following findings: The Downtown and Riverfront Crossings Master Plan contains goals and objectives for preservation and redevelopment in the Downtown. Two of the Master Plan objectives most relevant to this case include protecting the character of downtown, key historic buildings, and promoting quality infill and redevelopment. To this end, the Strategic Infill Section of the Master Plan provides the following guidelines: • New development should be located on sites that do not contain historic buildings. • Active uses, such as ground floor retail (and not blank walls), should front on to the street frontages and the City Plaza [Ped Mall]. • Upper floors should contain office, commercial, and residential uses. • Buildings should be built to the property line. • Corner locations should be reserved for taller buildings, creating a block structure with taller buildings on the corners and lower scale historic buildings between them. • The taller buildings on the corner should have a lower base consistent with adjacent historic buildings to make them 'feel' contextual' with the rest of the Downtown, while also limiting the perceived height of the towers. • Parking should be located both on -street and behind storefronts in parking structures. While the proposed 14 -story building in this application meets many of the goals and objectives, the Board concludes that a lower scale building (the second option proposed by the applicant) seems more compatible and harmonious with the location, in the heart of the Downtown, and with the historic property on the abutting property to the south. DISPOSITION: By a vote of 5-0 the Board approved a parking waiver for up to 18 spaces to allow a lower scale building with up to 36 dwelling units, one bedroom or efficiency units, subject to Design Review Committee approval to ensure that the new building is designed in a manner that is complementary and harmonious with the abutting historic landmark building including horizontal architectural elements, that align with elements on the adjacent historic building. P 2. EXC16-00010 – Public hearing regarding an application submitted ori, behalf of M&W Properties, for a special exception to allow conversion of a non -conforming ilse'@cated r . a structure designed for a use that is prohibited in the zone to another non _conlorming use for property located in the High Density Multi -Family (RM -44) zone at 518 Bowery Stc@et. The Board concludes that the proposed use will be located in a structure that wa§rdesigned for a use that is currently not allowed in the zone; the proposed use is of the sam€r lesser intensity and impact than the existing use; and the proposed use is suitable for the subject structure and site based on the following findings: • The subject building was originally constructed as a grocery store and continued to serve commercial uses until the early 1980s and was recently granted a special exception (2011) (special exception number EXC12-00010, recorded October 24, 2012 in Book 4997, Pages 304-309) to operate as retail sales use. • The property is not designed for a use that is currently allowed in the RM -44 zone. • The first floor interior of the building is still arranged with the open floor plan—it is one large room with a half bathroom at the back. The large, front windows are the only windows on the first floor other than a small window on the west side of the building. The building is set at the front property line, as is typical of older commercial buildings, and just inches off the east property line (public alley). • Due to the extremely limited size of the property and structure, the property is not adaptable as a multi -family residential use. • Re -use of the property is severely limited by the size of the lot. The lot provides minimal opportunity for parking—only two parking spaces. On -street parking along this portion of Bowery Street is prohibited during daytime business hours. Moreover the high demand for on–street parking in the surrounding neighborhood makes on -street parking practically unavailable. Given the very significant constraints on the property, any difference in intensity among the proposed list of uses will be very limited. • The surrounding High Density Multi -Family Residential (RM -44) zone represents the highest intensity residential use allowed outside the Downtown and PRM zone. • Due to the constraints of the site, the commercial uses proposed by the applicant must rely on pedestrian traffic from the surrounding neighborhood or that require minimal customer/client visits. • Conditions adopted with the special exception are intended to effectively control the intensity of the use and limit externalities that might negatively affect the surrounding residential uses. The conditions tied to approval apply to all future owners/users of the property and may not be altered or removed without another special exception. • The site can provide 2 off-street parking spaces, which satisfies the minimum requirement for the proposed uses. The Board concludes that the structure will not be structurally enlarged in such a way as to enlarge the non -conforming use based on the following finding: • The building may not be enlarged without approval of the Historic Preservation Commission. • The size of the building and its non -conforming setbacks and limited space for parking practically eliminate any enlargement of the structure and impose consideratr g constraints upon its use. - Based on the following findings the Board concludes that the specific proposed ezeeption will not be detrimental to or endanger the public health, safety, comfort or g6meral 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; establishment of the specific proposed exception will not impede the normal and orderly developinegt'and improvement of the surrounding property for uses permitted in the zone in which such property is located: and adequate measures have been or will be taken to provide ingress or egress designed so as to minimize traffic congestion on public streets based on the following findings: • The conditions tied to approval apply to all future owners/users of the property and may not be altered or removed without another special exception. • The limited size of the lot and structure along with the restrictions placed on it due to its Landmark status, effectively limit the intensity of any use on the property. • The two off-street parking spaces can be provided with access from the public alley. • On -street parking is prohibited along Bowery Street until after 5:00 PM. • Given the constraints on the property, a business would likely rely on customers coming on foot or bike from within the surrounding neighborhood or will generate very limited customer visits. • The conditions for approval restrict use of the public alley for drive -up service. The Board concludes that the specific proposed exception, in all other respects, conforms to the applicable regulations or standards of the zone in which it is to be located based on the finding provided above and the following finding: • Due to the non -conforming status of the lot and building, which do not meet minimum size and setback requirements, the building cannot be further expanded. The Board concludes that adequate utilities, access roads, drainage and/or necessary facilities have been or are being provided based on the following finding: • This neighborhood is fully developed with all roads and drainage—Bowery Street is adequate to serve a small-scale retail use. The proposed use will be consistent with the Comprehensive Plan, as amended based on the following finding: • The Comprehensive Plan encourages the re -use of existing buildings so long as their use does not interfere with the function and character of the neighborhood in which they are located and encourages the preservation of historic buildings. Disposition: By a vote of 5-0 the Board approves EXC16-00010 a special exception, to allow general office and commercial retail (sales -oriented and personal -service oriented) uses to be located in a structure designed for a use that is not allowed in the zone in the High Density Multi -Family (RM -44) zone at 518 Bowery Street subject to the following conditions: • The property shall maintain two -off street parking spaces at the rear of the building in accordance with the off-street parking requirements in the Zoning Code. ti • Hours of operation are limited to 6 AM to 10 PM weekdays Sunday -Thursday 9nd 6 AM to midnight on Fridays and Saturdays. • Outdoor seating and display of products within the public right-of-way are prohibited, unless a temporary use permit is granted. �0 • Signage should be limited to a fascia or awning sign in compliance with the zoning code standard for non-residential uses located in residential zones and in compliance�with Iowa City's Historic Preservation Guidelines. • All outdoor lighting should comply with the zoning code standards for residentialzones and with the Historic Preservation Guidelines. • The sale of tobacco or alcohol on the property is prohibited. • Food preparation and sales on the site are limited per the definition in the code, which allows cottage industry component: A firm that manufactures and/or assembles goods that are intended for retail sale to the general public. The goods may also be sold at wholesale to other outlets or firms, but retail sales is a significant component of the operation. The manufacturing component for such a firm is small in scale. Size limitations may apply to such uses in commercial zones to keep the uses in scale and character with surrounding land uses. • The alley may not be used for drive up or drive through or parking.p� • No amplified sound is permitted on the exterior of the building. • The building may not be expanded without a special exception. • Any alterations to the exterior of the building must comply with the Historic ;Preservation Guidelines. • Repeal special exception number EXC12-00010, recorded October 24, 2012 in Evok 4997, Pages 304-309. C'� 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. Approved by: arty Bal er,e person 4 � I ^ � 0 City Attorney's Office STATE OF IOWA ) JOHNSON COUNTY ) I, Maftaft (arf City Clerk oT the City of Iowa City, do hereby certify that the Board of Adjustment Decision herein is a true and correct copy of the Decision that was passed by the Board of Adjustment of Iowa City, Iowa, at its regular meeting on the 9th day of November 2016, as the same appears of record in my Office. Dated at co�oa��s� day of�c h�nr 20 -Li 341:�Vcp�c� 1 y De'P� J Mahan-K-4(arrCity Clerk rN Prepared by Sarah Walz, Associate Planner, 410 E. Washington, Iowa City, IA 52240; 319/356-5230E-1 E-1 y } R]_XH61to] Z IOWA CITY BOARD OF ADJUSTMENT 2917 AN 19 Phi 3: 1 � WEDNESDAY, DECEMBER 14, 2016 EMMA J. HARVAT HALLCITI � Cr :U '" . v LC,I MEMBERS PRESENT: Larry Baker, Connie Goeb, T. Gene Chrischilles, Becky Soglin, Tim Weibel MEMBERS ABSENT: None. STAFF PRESENT: Sue Dulek, Sarah Walz OTHERS PRESENT: Adam Brantman, Greg Buehner I IIIIIII IIIIII III IIIII IIIII IIIII IIIII VIII VIII VIII VIII VIII VIII VIII IIII IIII Doc ID: 026623000004 Type: GEN Kind: DECISION Recorded: 01/23/2017 at 02:11:23 PM Fee Amt: $22.00 Pape 1 of 4 Johnson Countv Soya Kim Painter Countv Recorder BK5612 PG426-429 EXC16-00012: A public hearing regarding an application submitted on behalf of Ellis trFF Avenue, LLC for a special exception to allow the establishment of a fraternity house on property located in the Neighborhood Stabilization Residential (RNS-20) zone at 332 Ellis Avenue. The Board concludes that the site allows for 19 roomers based on the following findings: • The density standards for RNS-20 zones allow a maximum of 1 roomer per 900 square feet of lot area. The current lot area is 15,145 square feet. The applicant is seeking a right-of-way vacation of the alley to the south, which would add an estimated approximately 2,600 square feet to the property for a total of 17,745 square feet of lot area. (The minimum lot size to allow the 20 roomers requested is 18,000 feet.) • The applicant has indicated 5,952 square feet of living are on floors one -three of the structure—the occupancy standards in the zoning code require a minimum 300 square feet of living area per roomer. The Board concludes that the proposed use will have bath and toilet facilities in such numbers as specified in Title 17 of the City Code, which requires 1 shower for every 8 roomers, based on the following finding: The applicant has provided floor plans showing all required facilities and common areas for a fraternal living use, including 9 bedrooms and 3 shared showers on floors two and three. A resident manager's bedroom and private bath are located on the first floor along with one additional bedroom and 3 shared showers. The Board concludes that the number of bedrooms should not exceed the number of roomers allowed by the density regulations in the code, therefore the applicant should remove one bedroom from the first floor level of the house and shared shower facilities should be limited to floors 2 and 3 so as to discourage over -occupancy of the building. The Board concludes that the proposed use will be designed to be compatible with adjacent uses based on the following findings: • The applicant has submitted a plan for improvement of the building, including sprinkler system, new HVAC, and waterproofing of the lower level. '% R.�e p [sLi • As part of the renovation plan, the applicant would provide 15 parking�sa&Aces: gspaces located off of Ridgeland Avenue and 6 spaces located off the east -west alley right-of- way. 2011, ANI 19 Pia 3: 17 • The proposed site plan shows improvements that bring the ropprty, closer to conformance with current parking area standards: ,' ° ' vLi.t%A i„V!.'A lri ri, .10V o Both parking areas are served by a sidewalk that provides access to building entrances. o The submitted site plan shows the parking area on the south side of the property will be paved and set back from the front plane of the building. Landscape screening will be installed at the west and east ends of this parking area. There is adequate space to provide the required 10 -foot setback from the right-of-way line on Ridgeland. o There is adequate space to provide the required 10 -foot setback between the building and the east parking area. Pavement must be removed in this area and replaced with landscaping (lawn). o A condition for the right-of-way vacation will require paving of the east -west alley The applicant has submitted a management plan that shows various levels of supervision and maintenance for the site and the fraternal use, including a live-in manager. A resident manager—one who is not an undergraduate student—should be a condition of the special exception in order to ensure the house operates in a manner that does not detract from surrounding uses. The Board concludes that the specific proposed exception will not be detrimental to or endanger the public health, safety, comfort or general welfare; will not be injurious to the use and enjoyment of other property in the immediate vicinity; and will not substantially diminish or impair property values in the neighborhood based on the following findings: • Re -opening the front (main) entrance to the building will bring the structure into conformance with the multi -family standards and provide an ADA accessible entrance to the main floor. • The addition of a sprinkler system and proposed changes to address moisture issues in the basement level will help to ensure a more safe and healthy living situation for the residents of the fraternity. • Modifications proposed for the parking area to bring it closer to conformance with the code standard should improve safety for vehicles and pedestrians. • Providing a resident manager, who is not an undergraduate, will allow the use to function in a manner that does not negatively impact the surrounding neighborhood. • Adding a condition intended to control for disturbances that are sometimes associated with large group living situations, such as fraternities, will help to ensure that the use does not impinge upon the use and enjoyment of residents of the surrounding properties. The Board concludes the specific proposed exception will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the zone in which such property is located, based on the following findings: gg� � • The surrounding neighborhood is fully developed. The Neighborhood StabilizaY'ion.(RNS-20) zone acknowledges a mix of residential uses. The surrounding RNS-20 properties are currently multi -family or fraternity uses. 2011 .ir 19 P) i 3.. 1 7 • The property is located close to campus and is surrounded by other'fraterr itie_„and multi- family housing. =i}i Y LLfR;:. • Improvements to the site and structure will bring it closer to conformance with lhb'zoning code standards. The Board concludes that adequate utilities, access roads, drainage and/or necessary facilities have been or are being provided and that adequate measures have been or will be taken to provide ingress or egress designed so as to minimize traffic congestion on public streets based on the following findings: • All necessary utilities and drainage are in place for the property. • Modifications to the parking area as proposed and recommended by staff will improve and better control safe vehicle access to the property. • The property has vehicle access from both Ellis and Ridgeland Avenues in addition to shared access drive on the north side of the property. • The applicant is required to pave the parking areas and provide setbacks and screening as noted above for the parking area along the south side of the alley. This will better define the area for ingress and egress. The Board concludes that, except for the specific regulations and standards applicable to the exception being considered, the specific proposed exception, in all other respects, conforms to the applicable regulations or standards of the zone in which it is to be located based on the following findings: • The code requires that no parking area be designed in such a matter that exiting a parking area would require backing into a street. The property was established with two street frontages (Ellis and Ridgeland) with a deep (approx. 50 feet) setback from the Ellis Avenue right-of-way line. This makes full compliance with the parking area standards impractical. Other properties located along the alley and on Ridgeland have similar parking arrangements. The Board concludes that the proposed use will be consistent with the Comprehensive Plan, as amended based on the following findings: • The Comprehensive Plan encourages the adaptive re -use and preservation of structures so long as the use is compatible with the surrounding neighborhood. • The Manville Heights historic survey identifies this and other fraternity houses in the neighborhood as contributing structures worthy of preservation. • While the property at 332 Ellis Avenue is not designated as a historic property, a requirement that any changes to the exterior should meet historic preservation guidelines will help to preserve the character of the neighborhood. DISPOSITION: By a vote of 5-0 the Board voted to approve EXC16-00012, allowing a Fraternal Group Living Use to be established at 332 Ellis Avenue in the RNS-20 zone subject to the following conditions: 2 1. The occupancy of the converted use is limited to the maximumJr2;umlrer�,of rooms based on the requirement of the zone (currently 19 roomers based on a lot area of 17,745 square feet). The maximum number of bedrooms allowis I!!' ited.,to his Aare number. �If t J`j 3 `3 2. All changes to the exterior of the structure must meet Historic Preservation guidelines. 3. Substantial compliance with the floor plans submitted. The '--1•f z; r , . p p nu[nf�er ot`1)e�drgoms cannot exceed the maximum occupancy to discourage over-occ(jpaiacy,,-'a�d•a'�eduction in the number of bedrooms in the submitted floor plans must be approved by the Building Official. 4. Installation of sprinkler system and waterproofing and tiling of the basement level to ensure a safe living environment for residents. 5. Substantial compliance with the site plan submitted with modifications to the parking areas as indicated by staff. All drives and parking spaces to be paved. 6. In order to establish the conversion, the applicant must apply for a rental permit. 7. Three convictions and/or findings or pleas of guilt and/or civil judgments for a disorderly house for incidents occurring within an 18 -month period will result in the denial of a rental permit. TIME LIMITATIONS: All orders of the Board, which do not set a specific time limitation on Applicant action, shall expire six (6) months from the date they were filed with the City Clerk, unless the Applicant shall have taken action within such time period to establish the use or construct the improvement authorized under the terms of the Board's decision. City Code Section 14-8C-1 E, City of Iowa City, Iowa. Approved by: Larry Baker, Chalrperson City Attorney's Office STATE OF IOWA JOHNSON COUNTY ) I, � an'afl-Karf, 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 14s day of December, 2016, as the same appears of record in my Office. Dated at Iowa City, this \G� CORME: 01,, _ day of 20 (� Doc ID: 026638250008 Type: GEN Kind: ORDINANCE Recorded: 02/10/2017 at 02:32:52 PM Fee Amt: $42.00 Pape 1 of 8 Johnson County Iowa Kim Painter County Recorder BK5618 pr463-470 STATE OF IOWA )SS JOHNSON COUNTY ) I, Julie K. Voparil, Deputy City Clerk of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 17-4690, which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 7th day of February, 2017, all as the same appears of record in my office. Dated at Iowa City, Iowa, this 8'" day of February, 2017. «a SI".LN'r'.f 6nJn Ra. ._ CORPOMTE 591 :� k' � Julie ,Vo aril DeputyCityZlerk Wes Ga Prepared by: Bob Miklo, 410 E. Washington Street, Iowa City, IA 52240; 319-3565240 (REZ16-00007) ORDINANCE NO. 17-4690 AN ORDINANCE CONDITIONALLY REZONING 3.48 ACRES OF PROPERTY LOCATED AT THE SOUTHEAST CORNER OF CAMP CARDINAL ROAD AND GATHERING PLACE LANE FROM PLANNED DEVELOPMENT OVERLAY (OPD -5) ZONE TO LOW DENSITY MULTI -FAMILY RESIDENTIAL (RM -12) ZONE. (REZ16-00007) WHEREAS, the applicant, TSB Investments, has requested a rezoning of 3.48 acres of property located at the southeast corner of Camp Cardinal Road and Gathering Place Lane from Planned Development Overlay (OPD -5) Zone to Low Density Multi -Family Residential (RM -12) Zone; and WHEREAS, a Comprehensive Plan Amendment was recently passed to change the designation of the property from 2 to 8 dwelling units per acre to 8 to 16 dwelling units per acre; and WHEREAS, Camp Cardinal Boulevard is an arterial street and Camp Cardinal Road is a collector street; and WHEREAS, the Iowa City Comprehensive Plan indicates that property at the intersection of a collector and an arterial street is suitable for alternatives to single family residential; 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 design review and general compliance with the submitted concept; and WHEREAS, Iowa Code §414.5 (2017) provides that the City of Iowa City may impose reasonable conditions on granting a rezoning request, over and above existing regulations, in order to satisfy public needs 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 Planned Development Overlay (OPD -5) to Low Density Multi -Family Residential (RM -12): LOT 2, ST. ANDREW PRESBYTERIAN CHURCH - PART ONE, IOWA CITY, IOWA, AS SHOWN ON THE PLAT THEREOF RECORDED IN BOOK 60, PAGE 138 IN THE OFFICE OF THE JOHNSON COUNTY, IOWA RECORDER. 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. IIj Ordinance No. 17-4690 ' 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 approyed this 7th day of February , 20 17 M OR "COQnm SEAL �J Ordinance No. 17-4690 Page 3 It was moved by Mims and seconded by Botchway that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: ABSTAIN: x Botchway x Cole % Dickens x Mims % Taylor x Thomas x Throgmorton First Consideration 01/17/2017 Voteforpassage: AYES: Mims, Taylor, Thomas, Throgmorton, Botchway, Cole, Dickens. NAYS: None. ABSENT: None. Second Consideration _ Vote for passage: Date publisbed 02/16/2017 Moved by Mims, seconded by Botchway, 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: Cole, Dickens, Mims, Taylor, Thomas, Throgmorton, Botchway. NAYS: None. ABSENT: None. 1 Prepared by: Marti Wolf, Planning Intern, 410 E. Washington, Iowa City, IA 52240 (319) 356-5240 (REZ16-00007) CONDITIONAL ZONING AGREEMENT THIS AGREEMENT is made between the City of Iowa City, Iowa, a municipal corporation (hereinafter "City"), and St. Andrew Presbyterian Church (hereinafter "Owner"). WHEREAS, Owner is the legal title holder of approximately 3.48 acres of property located at the southeast corner of Camp Cardinal Road and Gathering Place Lane; and WHEREAS, the Applicant has requested the rezoning of said property from Low Density Single Family Residential Planned Development Overlay (OPD -5) to Low Density Multifamily Residential (RM -12); and WHEREAS, a Comprehensive Plan Amendment was recently passed to change the designation of the property from 2 to 8 dwelling units per acre to 8 to 16 dwelling units per acre; and WHEREAS, the Planning and Zoning Commission has determined the presence of steep slopes and woodlands in the area and the significant increase in planned residential density, require careful attention to building and site design to assure that the development is compatible with its setting, has usable outdoor space, has adequate provision for pedestrian access, and WHEREAS, the Planning and Zoning Commission has determined that, with appropriate conditions regarding building and site design, and payment of Neighborhood Open Space fees, the requested zoning is consistent with the Comprehensive Plan; and WHEREAS, Iowa Code §414.5 (2017) provides that the City of Iowa City may impose reasonable conditions on granting a rezoning request, over and above existing regulations, in order to satisfy public needs caused by the requested change; and WHEREAS, the Owner acknowledges that certain conditions and restrictions are reasonable to ensure the development of the property is consistent with the Comprehensive Plan and the need for Neighborhood Open Space and appropriate multifamily building design; 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: St. Andrew Presbyterian Church is the legal title holder of the property legally described as LOT 2 OF THE ST. ANDREW PRESBYTERIAN CHURCH — PART ONE, AS RECORDED IN BOOK 60, PAGE 138 IN THE OFFICE OF THE JOHNSON COUNTY, IOWA RECORDER. 1. 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 (2017) provides that the City of Iowa City may impose reasonable conditions on granting ppdadmlaggmst andrew)3).dm I SJ a rezoning request, over and above the existing regulations, in order to satisfy public needs caused by the requested change. 2. 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 compliance with regard to building and parking placement shown on the site plan attached hereto. b. Payment of Neighborhood Open Space fees based on RM -12 density equivalent to the value of 7,124 square feet of property prior to issuance of a building permit. c. Approval of exterior building designs by the Design Review Committee to ensure consistency with Comprehensive Plan policies regarding compatibility with the character of the surrounding neighborhood with attention to the use of building materials to help minimize the large scale of the buildings and emphasis on the building entrances, will be required prior to approval of a building permit. d. Provision of usable outdoor space including features such as an outdoor dining area and lawn for informal recreational use. The Owner and City acknowledge that the conditions contained herein are reasonable conditions to impose on the land under Iowa Code §414.5 (2017), and that said conditions satisfy public needs that are caused by the requested zoning change. 4. 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. 5. 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. 6. 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. 7. 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 1,Jday of 201.7 CITY OF IOWA CITY ST. ANDREW PRESBYTERIAN CHURCH Jim T ogmortcn, Mayor By: Cts files/dA,- t ppdadnJagtt¢ sl andr (3).d= 2 3 r" City Approved by:�..- �(.r1 x./d Zler�rilYr�f� City Attorney's Office 1 /17 //`7 CITY OF IOWA CITY ACKNOWLEDGEMENT: STATE OF IOWA ) ) ss: JOHNSON COUNTY ) M This instrument was acknowledged before me on j -E 6r't-tcc/L % , 201-% by Jim Lj Throgmorton and Julie Voparil as Mayor and Deputy City Clerk, respectively, of the City of Iowa City. Notary Public in and fo a State of Iowa (Stamp or Seal) Title (and Rank) ��w6 KELLIE K. FRUEHLING o L conniu vionMm* 221®19 E� ST. ANDREW PRESBYTERIAN CHURCH ACKNOWLEDGMENT: My State of County Vyt95$s+J This record -was before me on J— 15— 11 (Date) !tid (Name(s) of individual(s) as type of authority, such as officer or trustee) of ame of party on behalf of whom record was executed). L.c Notary Public in and for the—"a of Iowa (Stamp or Seal) Title (and Rank) My commission expires: ppdatlMagV= st and (3) tlac ,j REZONING EXHIBIT / ST. ANMEWPRESBYMRM CXIIRCX k 0./ � � PART LOTY ♦ IOWA CITY, JOHNSON COUNTY, IOWA '1 GALHEAING PLACE .: / \`------ / ,- -- i6-o 1 _ - 784 Imo\ \ \ 9gApO"\ I'll�� 1 PflGPO5E01111DIYGAi _- My S19 rypF,Q RS °cu`Eui v- �Mr oval 0 , �Z��� s'aNb 11 11 �__ _ _ _ •4 ^\'' d. \3\ ii r _`\ `\l` �mmw�v xI X i I 1 _ __ - °1=7pp I DEs6RIPnoX: ��i1 _ _ ' i `� z i0 1 `• ; ,• — `— � 2 Icrx OOPADEmux P.IDrRRVXaOxa.rurGNEuOEmm[01x ewxmP•4E m1x 11¢olFrzarramllxmNEnxm,ww. `au 'uumurnw3 rTo mvnr°malN"uwraewur HNCIN8H8IItC <¢ ° 1i C�i1_-T - `1� I ' I; ; ----- _ -___ - _ ___--`•_y` v � /. ; F4nO.41u[WDIMUw.tln.tllurDxmuxl/,Ow. x.a � YL f ¢ -------------- I I 1 � p �)�-3]- �`� � W➢u2TRPq 'r „ I I 1 �4RONT. ���_ ���__ � � j'% /i' Crt..we9w wE u...exr owxne nu°6 IaaurumN - �n®� )I MT11 • ____ - J l__ __ �`�_ _ V,fFPewHX OEAPOD 10FEV PAPNNG PEOVIPEMENES', PARAXD 6r/MD4N ___ JIl_ \. FuvE'r �•ww,----------- 30EDRO uw 36LVL4/VHrt° PY6.fi®I•NOaacT °Nw®CRP.1•mwLL,4 a _ ' \ ___��� -- - E \ __ _— -11 __— REOwRED PMpN4-W6➢IXDA 6i.LLLe 1]-ISLDRDDMuwr6 I� 1[-S DRO..U. °IT ia1Y BM 446 nw u _- �� • 1\ __ xrtm ___ - wE 1 j 11 �Y _ __ _ _ - -```� / __ _ _ 1111 III _ _ � ^\ ' Al1 , � 1\ w REGVIRED PMIDXG-WILLOWC6 6rALLS B-I BFDROOII VNRB • 1111 11 11 _ I I Y 1 1 REGwRE0 vrt6rmu el p1T 9° y _ ` PR°VIGE➢PMpXG 6VILGIxOTIMEAIGR ]] Y BV 'OR-1MEPAC A E%IERIOR-STAPDR 1 _ _ _ _/_ _ _ �� _ EFIERX)R.6TnNW0.0 le IPPR L1PfIDN / TOTu el � Nxmm. /SENSVMEARG ALCVodmN6. / / Iof•QIY,u Sq h M IaM]GxXG MOD mM,,B1mB]6MODuNDSREAPRIaR°DVM MODAREPMN 6F PROPOSE0NDDNO REMOVED 44 CAMP URDIW,L 6LV0 01A N pR! RCONSZRV O Doe ID: 026638360003 Type: GEN Kind: RESOLUTION Fee Amt: $1702/10/2017 0 /Page I of3328:10 PM Johnson County Iowa Kim Painter County Recorder BK5618 PG522-524 STATE OF IOWA JOHNSON COUNTY ) ) ) SS I, Julie K. Voparil, Deputy City Clerk of Iowa City, Iowa, do hereby certify that the Resolution attached hereto is a true and correct copy of the Resolution No.17-36, which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 7th day of February, 2017, all as the same appears of record in my office. Dated at Iowa City, Iowa, this 8'" day of February, 2017. IN& Julie �VopI Depu rk :;: „ CORPORATE SEA[ MTrZrrrMM1 4d(6) Prepared by: Sara Greenwood Hektoen, Asst. City Attomey, 410 E. Washington St., Iowa City, IA 52240, 356-5030 RESOLUTION NO. 17-36 RESOLUTION ACCEPTING THE DEDICATION OF A 2.97 ACRE PARKWAY IN HUNTERS RUN SUBDIVISION, PART FOUR, IOWA CITY, JOHNSON COUNTY, IOWA, AS PUBLIC OPEN SPACE. WHEREAS, Hunters Run Development Co. dedicated a 2.97 acre "parkway" to the City upon final platting the Hunters Run Subdivision, Part Four in 1988; and WHEREAS, pursuant to the subdivider's agreement entered into at that time, the City agreed to accept dedication of this "parkway" upon its satisfactory installation and establishment of mowable ground cover; and WHEREAS, Staff finds that these conditions have been satisfied and thus find it in the public interest to accept the dedication and release the developer from any obligation it may have had arising out of the subdivider's agreement for the installation of a storm water management or detention facility; and WHEREAS, the City Council finds acceptance of said dedications to be in the public interest. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. Acceptance of the above -referenced parcels for public open space, in a form of conveyance approved by the City Attorney's Office, is hereby approved and authorized. 2. The Mayor is authorized to sign and the City Clerk to attest any and all documentation necessary to effectuate the acceptance of said dedications and to record the same at the Hunters Run Development Company's expense. Passed and approved this 7th day of February 2017. MA OR . ;,�•.,�..,._.,, /'z.• APP vedby� ' ,� -: -rpl', C RK City Attorney's Office lo CO WE [Al Resolution No. 17-36 Page 2 It was moved by Botchway and seconded by Resolution be adopted, and upon roll call there were: AYES: NAYS: . ABSENT: ABSTAIN: Cole the Botchway Cole Dickens Mims Taylor Thomas Throgmorton LV P;Z.g0.1 of -E Fee �����AAIIII�m{�RII��'' uAuA NN 111111MM aIaIII,I111191111110 Doo ID: 028838370002 Type: GEN Kind: ""IT CLAIM DEED Recorded: 02/10/2017 at 03:28:57 PM Fee Amt: $17.00 Page 1 of 2 Johnson County Iowa Kim Pal ter County Recorder EK5618 Po525-526 QUIT CLAIM DEED Return to: City of Iowa City, 410E Washington Street, Iowa City, Iowa 52240 Preparer: Dale Sanderson, 119 Wright Street, P O. Box 1607 Iowa City, IA 52244-1607,(319) 337-3167 Taxpayer: City of Iowa City, 410E Washington Street, Iowa City Iowa 52240 For the consideration of One ($1.00100) Dollar(s) and other valuable consideration, Hunters Run Development Company, an Iowa Corporation do hereby Quit Claim to City of Iowa City, a municipal corporation all our right, title, interest, estate, claim and demand in the following described real estate in Johns!2n County, Iowa: 2.97 acres designated as Stormwater Management and Drainage Easement Area on the final plat of Hunters Run Subdivision, Part Four, according to the plat recorded in Plat Book 30, Page 69, of the records of the Johnson County Recorder. This deed is exempt according to Iowa Code 428A.2(6). Each of the undersigned hereby relinquishes all rights of dower, homestead and distributive share in and to the real estate. Words and phrases herein, including acknowledgment hereof, shall be construed as in the singular or plural number, and as masculine or feminine gender, according to the context. n Dated: —Dz v-(t�-8-�e. Hunters Run Development Company: (Grantor) R nald W. Schigtler, Secretary . (Grantor) (Grantor) COUNTY OF, before me on USIA[ m The Iowa State Bar Auodadon 2016 IowaDors® L By: 7S v+i'.' Ja06s R. Schintler, President (Grantor) (Grantor) (Grantor) by Signature of Notary Public Form No. 106, Quit Claim Deed Revised May 2016 Book: 5618 Page: 525 Seq: 1 Px�j®1 oF'� REPRESENTATIVE CAPACITY ACKNOWLEDGMENTS STATE OF IOWA , COUNTY OF JOHNSON This record was acknowledged before me on c.1gt-1 / , a0/b, by James R. Schintler as President of Hunters Run Development Company, an Iowa Corporation s LAURIE LEE SIM PSUi s' Commission Number 156094 { ' ° •f �` My Comas ;Jon Eylres 5 (e -(--Vl of Notary Public STATE OF IOWA , COUNTY OF JOHNSON This record was acknowledged before me on ge�� f? �;o /b , by Ronald W, Schintler as becretary of Hunters Run Development Company, an Iowa 'a LAUEIE LEE 511WPSi�::�: C'mmisslon Number 16608'> y. n7YA ' My commiseun ETims _!p -(4� of Notary STATE OF , COUNTY OF This record was acknowledged before me on by as Signature of Notary Public STATE OF COUNTY OF This record was acknowledged before me on by as of Signature of Notary Public Book: 5618 Page: 525 Seq; 2 Doc ID: 026648580029 Type: GEN Kind: RESOLUTION Recorded: 02/27/2017 at 02:04:27 PM Fee Amt: $147.00 Page 1 of 29 Johnson County Iowa Kim Painter County Recorder BK5622 PG348-376 Fa STATE OF IOWA ) ) SS JOHNSON COUNTY ) CITY OF IOWA CITY 410 [ass Washington $1 rf[1 Iowa City. Iowa 52240-1826 3191556-5000 (31951565009 FAX www.lcgay.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. 16-24, which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 19a' day of January, 2016, all as the same appears of record in my office. Also attached are the easements associated with the final planned development overlay (OPD) plan for Prairie Hill, Iowa City, Iowa. as follows: 1. Planned Development Agreement 2. Perpetual Public Access Easement Agreement between ICCH, LLC and the City of Iowa City 3. Stormwater Management Facility Easement Agreement 4. Water Main Easement Agreement 5. Temporary Grading and Construction Easement Agreement between ICCH, LLC and the City of Iowa City Dated at Iowa City, Iowa, this � � day of / Z6r1t a ..I 2017. -Julie4oparil Wil p Q,1' Deputy City Clerk 10IVA Ila V. oealaa �ESEA`, ORQOR� 15 aJ 0) Prepared by: John Yapp, Dev. Services Coordinator, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5252 RESOLUTION NO. 16-24 RESOLUTION ACCEPTING DEVELOPER'S AGREEMENT AND EASEMENTS ASSOCIATED WITH THE FINAL PLANNED DEVELOPMENT OVERLAY (OPD) PLAN FOR PRAIRIE HILL, IOWA CITY, IOWA. WHEREAS, the owner, Iowa City Co -Housing (ICCH), LLC, has filed a Developers Agreement and easement documents associated with Prairie Hill, a planned development on the west side of Miller Ave in Iowa City, IA; and WHEREAS, the Developer's Agreement sets forth procedures to be followed for maintaining the private street and open spaces contained within Prairie Hill and for financing maintenance costs; and WHEREAS, the easements are for public sanitary sewer, public water main, and for an access and utility easements for Prairie Hill Lane, a private street; and WHEREAS, the Conditional Zoning Agreement associated with the Prairie Hill property requires review and approval of construction drawings for the private street and the storm water management facility by the City Engineer prior to the final site plan approval; the City Engineer has not yet approved said drawings; and WHEREAS, said planned development is located on the following -described real estate in Iowa City, Johnson County, Iowa, to wit: Lot 3 of Ruppert Hills Subdivision to Iowa City, IA, in accordance with the plat thereof recorded in Plat Book 46, at page 47, in the records of the Johnson County Recorder's Office, containing 7.88 acres and subject to easements and restrictions of record. WHEREAS, the Department of Neighborhood and Development Services and the Public Works Department examined the proposed Developers Agreement and easements, and recommends approval; and WHEREAS, the planned development has been made with the free consent and in accordance with the desires of the owners and proprietors. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: Upon the City Engineers approval of the construction drawings as required by said Conditional Zoning Agreement: 1. The City accepts the easements as provided by law, including easements for public sanitary sewer, public water main, and for an access and utility easement. 2. The Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed, upon approval by the City Attorney, to execute all legal documents relating to said easements, and to certify a copy of this resolution. The City Clerk shall record the easement documents at the office of the County Recorder of Johnson County, Iowa at the expense of the owner. 4 Resolution No. 16-24 Page 2 Passed and approved this 19th day of January 2016 OR ATTEST: CITY'CLERK City Attorney's Office It was moved by Mims and seconded by Botchway the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: ABSTAIN: F4 x Botchway Cole _ Dickens Mims Taylor Thomas x Throgmorton pce/templates(resolution accepting easements prairie hIlUmAm / 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 PLANNED DEVELOPMENT AGREEMENT PRAIRIE HILL, IOWA CITY, JOHNSON COUNTY, IOWA THIS AGREEMENT made by ICCH, LLC, the owner, hereinafter called "Owner," and the City of Iowa City, Iowa, a municipal corporation, hereinafter called the "City." In consideration of the City approving the Planned Development Overlay Plan and Site Plan for the property legally described as: LOT 3 OF RUPPERT HILLS SUBDIVISION TO IOWA CITY, IOWA, IN ACCORDANCE WITH THE PLAT THEREOF RECORDED IN PLAT BOOK 46, AT PAGE 47, IN THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE, CONTAINING 7.88 ACRES AND SUBJECT TO EASEMENTS AND RESTRICTION OF RECORD, IT IS HEREBY AGREED AS FOLLOWS: Section 1. Public improvements. In consideration of the City approving the Planned Development Overlay Plan and Site Plan of Prairie Hill attached hereto, hereinafter the "Development," the Owner agrees as a covenant running with the land as follows: Subject to Section 5, the City shall not issue a Building Pemrit for the Development unless and until water mains, sanitary sewers, storm sewers and drainageways, concrete street paving, on the Final Planned Development and Site Plan of Prairie Hill, Iowa City, Iowa, and a 5 -foot wide sidewalk adjacent to Miller Avenue, hereinafter "Improvements," have been installed in the Development 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. ''7 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 be deemed acting as the City's agent during the original construction and installation of said improvements. The parties agree that the obligation to install the improvements herein shall be in accordance with City specifications, and the obligation to install said improvements shall remain with the Owners until completion by the Owner, and until acceptance of the improvements by the City, as provided by law. Section 2. Storm Water Management. In consideration of the City approving the Development, the Owner agrees as a covenant running with the land that, except as provided in this Agreement, the City need not issue a building permit for any building in the Development until the Storm Water Detention Facility ("Facility"), including the site work incident thereto as more particularly located on the Site Plan has been installed by the Owner and either released or accepted by the City. Owner agrees that the duty to maintain the Facility shall remain on the Owner, the present owner of the Facility and Owner's successors and assigns in interest, including a nonprofit Owners Association or other entity satisfactory to City fonned 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 described in Section 1 of tltis Agreement shall be constructed and installed by the Owner 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 from its responsibility to construct said improvements in accordance with the approved plans and specifications. Further, said inspections shall not create a duty or warranty on the part of the City that the construction of said improvements is in compliance with said plans and specifications. Section 4. Sidewalks. The Owner agrees to install a sidewalk abutting Prairie Hill Lane and interior sidewalks as shown on the Site Plan. Said sidewalks shall be at least 4 feet in width according to specifications approved by the City Engineer for the City of Iowa City, Iowa. Owner also agrees to install a sidewalk within the Miller Avenue right-of-way at least 5 feet in width according to specifications approved by the City Engineer for the City of Iowa City, Iowa. The sidewalks shall be installed in the Subdivision covered by this Agreement as required by the Iowa City Code of Ordinances, and shall remain a lien on each abutting platted lot until installed and released by the City, and the Release duly recorded in the Johnson County Recorder's office. Section 5. Buflding Pemuts and Escrow Monies. In the event the Owner, or its assigns or successors in interest, should desire a building permit before the Improvements have been installed, and if the City, in its sole discretion, determines that acceptance of escrow funds is appropriate to allow issuance of building permits pursuant to section 1473-3 of the Iowa City Code of Ordinances, the Owner, or its assigns or successors in interest, shall deposit with the City Finance Department, in escrow, an amount equal to 110% of the estimated cost of said Improvements as determined by the City Engineer (hereinafter "Improvements E9Crow"). 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 Development, that the Owner 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 the Development. The Owner shall be responsible for the cost of any such clean-up and to the extent that they fail to accomplish erosion clean-up after reasonable notice from the City, the City is hereby authorized, but not obligated, to do the work and to charge the cost thereof to the Erosion Clean -Up Escrow, if adequate, and to charge any excess costs to the Owner. If the Erosion Clean -Up Escrow is insufficient to pay the costs incurred by the City, the Owners and Subdivider shall promptly reimburse the City for the excess costs incurred. The unused balance of the Erosion Clean -Up escrow shall be returned to the 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 6. Occupancy Permit. Prior to the issuance of an occupancy permit for any building erected pursuant to Section 5, the City, in its discretion, may require the Owner 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 a building permit, the Improvements have not been constructed and installed, the City may use funds deposited in the Improvements Escrow to construct and install such improvements. If the cost of the construction and installation of said Improvements exceeds the amount of said escrow, the City shall have a lien and charge against all the lots in the Subdivision for the balance of the cost. After the construction and installation of the Improvements, the City shall refund to the Owner any Improvements Escrow monies not used by the City for the construction and installation of such improvements. 4 Section 8. Waiver. If the Owner sells or conveys a residential unit within the Development without constructing or installing the Improvements required in Section 1 hereof, or the Owner fails to construct sidewalks required in Section 4 hereof, the City shall have the right to install and construct said Improvements or sidewalks. Owner acknowledges and agrees that the Development is specifically benefitted by the Improvements so that the cost of the installation shall be a lien and charged against the Development. 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 interior sidewalks shall be a lien and charged only against the residential unit or units abutting or in front of which such sidewalks to be installed. It is further provided that these requirements to construct the Improvements and sidewalks shall remain alien against the Development from the date 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 Owner, for recording in the Office of the Johnson County Recorder, a good and sufficient release so that this Agreement will not constitute a cloud upon the title of the Development. Separate sidewalk lien releases shall be issued for individual residential units when appropriate. The City Manager or designee is hereby authorized to execute the releases contemplated by this section This section also authorizes the execution of one or more Limited Release Agreements, based on the use of escrows for improvements as contemplated in Section 5 above, as may be acceptable to the City. Section 10. Private Sani . Sewer System Owner acknowledges and agrees that the sanitary sewer system improvements for the Development shall be privately maintained, repaired and replaced by Owner. Owner agrees that the duty to maintain, repair and replace the sanitary sewer system improvements shall remail on the Owner and the Owner's successors and assigns in interest, specifically including a nonprofit Owners Association or other entity satisfactory to City formed in part for that purpose. Section 11. Prairie Hill Lane/Private Drive. Owner acknowledges and agrees that Prairie Hill Lane shall be a private street to be maintained, repaired and replaced by Owner. Owner agrees that the duty to maintain, repair and replace Prairie Hill Lane, including and together with the snow removal, recycling and garbage collection therefrom, shall remain on the Owner and the Owner's successors and assigns in interest, specifically including a nonprofit Owners Association or other entity satisfactory to City formed in part for that purpose. Owner further acknowledges and agrees that the City will have the right, but not the obligation, to inspect the private roadway and require Owner or the Owner's successors in interest or assigns to make those repairs deemed necessary by the City in its sole discretion 0 h Section 12 Common Spaces. Owner acknowledges and agrees that any designated or specifically defined common spaces witltin the Development shall be privately maintained and repaired by Owner. Owner agrees that the duty to maintain and repair the common spaces within the Development shall remain on the Owner and the Owner's successors and assigns in interest, specifically including a nonprofit Owners Association or other entity satisfactory to City formed in part for that purpose. Section 13. Costs and Fxpenses. The costs and expenses for the private maintenance, repair, replacement and services described in Sections 2, 10, 11 and 12 shall be shared by all owners of property located within the Planned Development through the use of a nonprofit Owners Association or other entity satisfactory to City. Any costs or expenses incurred by City due to the failure of this designated entity to meet its obligations as described herein shall be assessed against, and will become a lien on all individual properties located within the Planned Development in favor of the City. Section 14. Miscellaneous. A. All electrical, telephone and cable television service and distribution lines shall be installed underground. B. Owner may delegate, transfer and assign the repair, maintenance and replacement responsibilities as set forth in Sections 10, 11 and 12 to a nonprofit Owners Association. C. [03ir i constructed sidewalk adjacent to Outlot A (Benton Hill Park). That cost-sharing agreement shall be as follows. Pursuant to this Planned Develooment Agreement. Owner is obligated to install the sidewalk adjacent to Outlot A, Ruppert Hills Subdivision, as a public improvement project at its expense. Section 15. Binding Effect. This agreement shall be inure to the benefit of and bind the successors and assigns of the respective parties hereto and shall be construed as a covenant running with the title to the lots within the Subdivision. Dated this �`f �j� day of February, 2017. 6 ICCH, LLC,,- -B Y Frank Delno Holland, III, Member, ICCH, LLC, Board of Managers CITY OF IOWA CITY, IOWA By: 4n. C. / fames A. Throgmorton, Mayor ' c7 BY: � '4' \�) �� Ju ' paril puty City Clerk STATE OF IOWA ) ) ss: JOHNSON COUNTY ) This instrument was acknowledged before me on February _2j24 2017, by Frank Delno Holland, III, Member, ICCH, LLC, Board of Managers. STATE OF IOWA ) ) ss: JOHNSON COUNTY ) This instrument was acknowledged before me on Februarys+k` 2017, by James A. Throgmorton and Julie Voparil, as Mayor and Deputy City Clerk, respectively, of the City of Iowa City, Iowa. Notary Public in and 10 the State of low^ oevq KELLIE K. FRUEHLING z Commission Number 221819 My Co re Expires row 0 C2 FINAL PLANNED DEVELOPMENT AND SITE PLAN PRAIRIE HILL IOWA CITY, IOWA 2 LOT 2 - Civil - 9.23.15 - JLL.dW95 DBC 18, 2015 - 08:229m SECOND AMMON LO41 ST. LOT 3 OF RUPPERT HILLS SUBOIASIDN TO IOWA CITY, IOWA. IN ACCDRONJCE W THE PIAT THEREOF RECORDED IN PIAT BOOK 46. AT PAGE 4]. IN THE RECORDS OF THE JOHNSON COUNW RECORDER'S OFFICE, COMNNING 7.68 ACRES AND SUBJECT TO EASEMENTS AN RESIRICDON OF RECORD. PWHI N4. INIE TDM O ]0.1.460 $F (].BB OL) IMP 275314 $F (1.5] IL) PEIMCus US Dus MEA s]s.Hz SF (6�1 An) JEWS FRDN1 YMD - 15 GOE YARD - t0' NFM YARD - W. pmKII2 N016 .I .. REWI wSflS 14 - R BR DW -G5 - 2 % IB = ]fi SRACES IS - 1 BR 0W61N - 1 % 13 v 14 SPAG6 TOTAL REQUIRED = 51 SPAL6 PROPOSED RNKING TAPES 10 UNC9VFJiE9 .E. = 31 iGTPl PNOYIDED v 51 BICYCLE PACK LOCATED IN ROW OF WE COMMON HOUSE ROSY SEWER 51 BE PRNATE Ill WATER NNN 4 SE PIIBNC. ON -STREET AMONG SHALL NX BE U10WD ANO NO PA4I0NC• E., SHALL eE PDSIEO (LONG 1NE siNm. ALL INDS WILL PE WIIMN 1S] TAT OF WE PROPOSED SI M TO NIDW FINE INPA4NEM PLCESS IN GSE OF EMFRGLYCY. II 14-0592 II PRAIRIE HILL IOWA CITY COHOUSING IOWA CITY, IA hbk ENGINEERING eu n niwm ICC$ LLC P.O. BO%936 Iowa rnr, u sma DOUGLAS D. RUPPERT meArtOogsOEee7Ln OOwNea ,ownQ14 Y mo 4 y ^ 4 y4 Sg F- S � � 140593 s^ I I OF: I p �-3.-m6•—I BOD Gf STALKED SCDSF, sTACKEO N;°' L SFU SFL "SFU SFL ', >o,b SFU SFU II 14-0592 II PRAIRIE HILL IOWA CITY COHOUSING IOWA CITY, IA hbk ENGINEERING eu n niwm ICC$ LLC P.O. BO%936 Iowa rnr, u sma DOUGLAS D. RUPPERT meArtOogsOEee7Ln OOwNea ,ownQ14 Y mo 4 y ^ 4 y4 Sg F- S � � 140593 s^ I I OF: I p a—I �1—za 96DSF srACKEO '. 9565E sTAcrcEo >o,b SFU SFU LSFL SFL II 14-0592 II PRAIRIE HILL IOWA CITY COHOUSING IOWA CITY, IA hbk ENGINEERING eu n niwm ICC$ LLC P.O. BO%936 Iowa rnr, u sma DOUGLAS D. RUPPERT meArtOogsOEee7Ln OOwNea ,ownQ14 Y mo 4 y ^ 4 y4 Sg F- S � � 140593 s^ I I OF: I p 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 PERPETUAL PUBLIC ACCESS EASEMENT AGREEMENT BETWEEN ICCH, LLC AND THE CITY OF IOWA CITY This Agreement is made by and between ICCH, LLC (hereinafter "Owner") and the City of Iowa City, Iowa (hereinafter "the City"), which expression shall include their successors in interest and assigns. WHEREAS, as a part of the approval of the Final Planned Development and Site Plan of Prairie Hill, Iowa City, Iowa, Owner is obligated to convey to the City public access and utility easement rights; and WHEREAS, the parties now wish to memorialize and fulfill Owner's obligations through the execution of a recordable easement agreement as described and set forth herein. NOW THEREFORE, THE PARTIES AGREE AS FOLLOWS For the sum of One Dollar and other valuable consideration, receipt of which is hereby acknowledged, Owner hereby grants and conveys to the City, a public access easement for purposes of providing common public access and city services and also a right-of-way with right of ingress and egress thereto, over and across the premises legally shown and described on the Easement Plat attached hereto (hereinafter "easement area"). Owner further grants to the City the following rights in connection with the above easements: 1. The right from time to time to trim, cut down and clear away all trees and brush on said easement area and on either side of said easement area which now or hereafter in the opinion of the City may interfere with public access and/or the exercise of the City's rights hereunder in any manner. 2. The City shall indemnify Owner against any loss and damage which shall be caused by the negligent exercise of any said ingress or egress, construction, use or maintenance rights by the City or its agents or employees in the course of their employment. 3. Owner reserves a right to use said easement area for purposes which will not interfere with the City's full enjoyment of its rights hereby granted; provided that Owner shall not erect or construct any building, retaining walls, fence or other structures; plant any trees, drill or operate any well; or construct any obstructions on said easement area. The City has the right to remove any such improvements without notice or compensation due to Owner. h 4. Owner hereby covenants with the City that it is lawfully seized and possessed of the real estate described above, and that it has good and lawful right to convey it or any part thereof. 5. Owner hereby covenants that the access easement area shall be kept free and clear of impediments to traffic at all times. Further, Owner shall be responsible for maintenance and snow removal over and on said easement area at its sole expense. Owner further acknowledges and agrees that the City will have the right, but not the obligation, to inspect the private roadway located within the easement area and require Owner or the Owner's successors in interest or assigns to make those repairs deemed necessary by the City in its sole discretion to the private roadway to assure that City's access as described herein is free from impediments and not interfered with. Notwithstanding the foregoing, Owner and its successors and assigns may form a nonprofit corporation to be an Owners Association ("Association") through which its repair and maintenance obligations contained herein may be fulfilled. Provided further that Owner or its successors and assigns may convey any portion of the easement area to the Association, which conveyance will be subject to this Agreement as a covenant running with the land. 6. Nothing in this Agreement shall be construed to impose a requirement on the City to improve or maintain the easement area or the improvements installed thereon. Nor shall Owner be deemed acting as the City's agent in the course of performing its obligations pursuant to this Agreement. The parties agree that the obligation to maintain the public improvements herein shall be in accordance with City specifications. The private roadway located within the easement area shall be constructed in accordance with the construction plans for the street approved by the City Engineer. 7. The City's police department is authorized to ticket, tow or cause to be towed, pursuant to the Code of Iowa, as amended, any motor vehicle that has been parked or placed upon the easement area in violation of the parking laws of the City and 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 Agreement of record as its sole obligation to notify all persons who may improperly park on the easement area. 8. This easement shall inure to the benefit of and bind the successors and assigns of the respective parties hereto. All covenants shall be deemed to apply to and run with the title to the land. Dated this e Ll day of February, 2017. CITY OF IOWA CITY, IOWA BY: v . �� mes A. Throoggmort n, Mayor ATTEST: Approved by: �W Julie aril, Deputy City Clerk City Attorney's Office 6 ICCH, LLC - OWNER l/ By: "' -A1� ;lm� Frank Delno Holland, I I, Member, ICCH, LLC, Board of Managers STATE OF IOWA ) ) ss: COUNTY OF JOHNSON ) This instrument was acknowledged before me on the February, 2017, by James A. Throgmorton and Julie Voparil as Mayor and the City of Iowa City, respectively. STATE OF IOWA ) ) ss: COUNTY OF JOHNSON ) - ��� day of Deputy City Clerk of A� .k Notary Public in and o the State of low 11 :'4" i_ r,`LLIL n f RUEHLING ° , ". uommission Number 221819 My Co mi 'on Expires This instrument was acknowledged before me on the2_pO day of February, 2017, by Frank Delno Holland, III, Member, ICCH, LLC, Board of Managers. a.I "L'Q� - �- 1..r0 NA St of . ,,�Rr"�,r DOUGLAS D. RUPPERT 0 v Commission Number 128989' z ° . My s io res o+ n I 6 PREPARED9Y: HBKENGINEERING,LLC-5095G GIMEm ST.-IOWAGTr,IAR240.)319)33&7W 0 80 160 STANDARD LEGEND AND NOTES I Feet 1�1 I I 4N R 4 ENDER L ORO IOF N BEGINNING INOTE IULUre,PI.WEoror Ocva — a �� I � Llry veus avAilm��ru � N� - 1111 � Ei4ErMEnemm __________ �� 0 Z Fero—IIr R�11 I C=107.11' 3'6" PIN EASEMENT PLAT ACCESS & UTILITY EASEMENT IOWA CITY, IOWA 7F.C3HUS 9, PK£ ITL E%IST 15 Y PEDESTRIAN WALKWAY EASEMENT ____________________ LOT 3 RUPPERT MLS SURD MON COP( ",, PAPE 41 %- PIN ,FOUND %" PIN FOROT AM1ER OC411 [03A NK BFICO�JD AMMOO N nwru u zszze PN£ N'b LOOT 2 LOT I - EasamEot Exhibit - 9.29.151 Fab 20. 2017 - cm G'. cm +n�^wAZINNrLN Nr cm. u mz,o Lm 6 p. LILY 'nN+iiir,Araz+o PIN FOUND %" PIN I I `FOUND I%" PIN 0 56' 10"E LEGAL DESCRIPTION A PORTION OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER AND SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 16, TOWNSHIP 79 NORTH. RANGE 6 WEST OF THE FIFTH PRINCIPAL MERIDAN. CITY OF IOWA CII JOHNSON COUNTY, IOWA, THE BOUNDARIES OF WHICH ARE DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF A WARRANTY DEED. AS RECORDED IN BOOK 563, PAGE 52, RECORDS OF JOHNSON COUNIY, IOWA: THENCE N3'26'07'W ALONG THE WESTERLY RIGHT-OF-WAY UNE OF MILLER AVENUE, A DISTANCE OF 70.08 FEET TO THE POINT OF BEGINNING; THENCE S86-46'591'. A DISTANCE OF 10.02 FEET: THENCE NORTHWESTERLY ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 272.50 FEET AND AN ARC LENGTH OF 107.81 FEET. THENCE NORTHWESTERLY ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 197.50 FEET AND AN ARC LENGTH OF 111.84 FEET; THENCE NORTHWESTERLY ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 87.50 FEET AND AN ARC LENGTH OF 226.20 FEET; THENCE N45'0799'E, A DISTANCE OF 201.18 FEET; THENCE 544'52'42"E, A DISTANCE OF 40.00 FEE; THENCE S4907'18V1, A DISTANCE OF 201.18 FEET; THENCE SOUTHEASTERLY ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 47.50 FEET AND AN ARC LENGTH OF 122.79 FEE; THENCE SOUTHEASTERLY ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 237.50 FEET AND AN ARC LENGTH CF 134.49 FEET: THENCE SOUTHEASTERLY ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 232.50 FEET AND AN ARC LENGTH OF 91.98 FEE; THENCE N86'46'59"E, A DISTANCE OF 9.87 FEET TO SAD WESTERLY RIGHT-OF-WAY UNE OF MILLER AVENUE: THENCE ST26'07'E ALONG SAID WESTERLY RIGHT-OF-WAY UNE OF MILLER AVENUE, A DISTANCE OF 40.00 FEET TO THE POINT OF BEGINNING. I iI - II 1 OM5ST "All RUPPIERY MLLE I I LOCATION LOCATION MAP ""A b. PK£'R 1 FOUND ib" PIN i I I 1 I I I 1 I, I ' I ' I , 1 I I , I I I I 1 ' IG I 16z4s J errrrr E e5%ON, q4 r • 5 • A( '• `a�OF ' 40M "1, w THOMAS E • ° E O; 1 m- HAGENSEE = m'• 09889 "a ; 'G', �a "� 2 ••• '(3, ' �tr/OWA a^ STANDARD LEGEND AND NOTES P.or.—'EkA.N' m,^ne �LmvY 1�1 — — InI."Covml IOF N BEGINNING INOTE IULUre,PI.WEoror Ocva — C=110.35' EA.rgCe^dAre _ P'—o Ca^bR^, - U.IIIIR'gMaFLMr - 1111 46' 59'W _ ESTI. Ei4ErMEnemm __________ Pmpo od EviceimrM1 Z Fero—IIr 0 I C=107.11' Core11bralC-1, Rcvcrolli rva I 1111 m PropeM.—, F—n • I I I II O CNx 1 1 �II I (R) r L-134.49' 122,57 Iz, it R=2]250' L=91.98' POINT OF COMMENCEMENT�i 1I C=ll2]0- R-23250' PIN C8=566' 46' 16•E C=91']9 1 CB=SBE' 53' 5j -E N66' 46' S9'E I r 40.00' 11 I 16z4s J errrrr E e5%ON, q4 r • 5 • A( '• `a�OF ' 40M "1, w THOMAS E • ° E O; 1 m- HAGENSEE = m'• 09889 "a ; 'G', �a "� 2 ••• '(3, ' �tr/OWA a^ STANDARD LEGEND AND NOTES P.or.—'EkA.N' m,^ne �LmvY Commwormisoco"Ll" — — InI."Covml IOF N BEGINNING INOTE IULUre,PI.WEoror Ocva — C=110.35' EA.rgCe^dAre _ P'—o Ca^bR^, - U.IIIIR'gMaFLMr - Propocve ti9m<Fmr �_-----�--__ 46' 59'W _ ESTI. Ei4ErMEnemm __________ Pmpo od EviceimrM1 3' Fero—IIr 0 Cor I,.—rol Ccm.r. Fcwtl C=107.11' Core11bralC-1, Rcvcrolli rva I Corpro mul Comer. RvmNeE L.IP PropeM.—, F—n • Prop"Comer, 5v1 O CNx R—Io,d Dlmv^mm (R) Moovwe6 Prernvom (M) Iz, 16z4s J errrrr E e5%ON, q4 r • 5 • A( '• `a�OF ' 40M "1, w THOMAS E • ° E O; 1 m- HAGENSEE = m'• 09889 "a ; 'G', �a "� 2 ••• '(3, ' �tr/OWA a^ 1 �' n L< POINT m,^ne �LmvY L=97.84' R=19].50' ucgsE uuuEEP Weee r,mrsa AE wa N w rs NP cersNeo D. zon. Pra,:L m a Pro,0 9 arr IOF N BEGINNING INOTE 140592 C=110.35' 1226] - CU=N66' 46'18'W L=107.81' I , 46' 59'W _ ESTI. I BASS OF RrEARINGS IS CFS MEASUREMENTS IN THE R=2]250' 3' 18A2' IOWA STALE PLANE COORDINATE SYSTEM, SOJTH ZONE, NAZI C=107.11' l o'- I C9I 52' 59'W I n l o. 2. ON AA DIMENSIONS AAE IN U.S. SUI FEET AND DECIMALS THEREOF. 1 , , 1 ERRQi OF CUES -RE IS LESS NAT I FOOT IH I0p00 FcTf. Iz, it POINT OF COMMENCEMENT�i 1I PIN 14-0592 PRAIRIE HILL IOWA CITY COHOUSING IOWA CITY, IA $hbk u4c lv�1 #�ar is uvl w..m TaQ W or.r4s4,mnu ICCH' LLC EN...' LOWA CTR', IA 533" DOUGLAS D. RmUPPERT FffAAUON,SUEPP%L6DOWN8R P.LC ACCESS & UTILITY EASEMENT PLAT wIRRM1m I.T£O FOUND W PINS WNVNVIY G6EO MLY. •p3. PN£ R I KP( Y/D, PA£ bP a, , A I sE4 Nz„ IMYIvrEs acmMu szus YARN LNY, N LYY11 errrrr E e5%ON, q4 r • 5 • A( '• `a�OF ' 40M "1, w THOMAS E • ° E O; 1 m- HAGENSEE = m'• 09889 "a ; 'G', �a "� 2 ••• '(3, ' �tr/OWA a^ P w'VEOuxo o THE � 0 SMmn AMNO w PERMANOD er E ER v/wPC. P.I. puPLP UOP 1., ME nMMSE o cvwrl M u PoNI f p THE Pus+XJ�LYOnwrm cln:s or T,rE LoAl IDo N � 121 1 m,^ne �LmvY JLL TEH ucgsE uuuEEP Weee r,mrsa AE wa N w rs NP cersNeo D. zon. Pra,:L m a Pro,0 9 arr 19-0592 140592 12-15-15 R. 1 OF: 1 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 STORMWATER MANAGEMENT FACILITY EASEMENT AGREEMENT PRAIRIE EML THIS STORMWATER MANAGEMENT FACILITY EASEMENT AGREEMENT (this "Agreement") made and entered into by and between ICCH, LLC (the "Owner", which expression shall include its successors in interest and assigns), and the CITY OF IOWA, 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 construction, operation and maintenance of the stormwater control structures and facilities and storage areas, together with a right of ingress and egress thereto, over and across that portion designated as "Stormwater Management Facility Easement" as shown on the Easement Plats, attached hereto and incorporated herein by reference, hereafter described as "easement areas". The Owner fixrther grants to the City: I. The right of grading said easement areas for the full width thereof, and to extend the cuts and fills for such grading into and onto said lands along and outside of the said easement 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 area and also to trim, cut down and clear away any trees on either side of the easement areas which now or hereafter in the opinion of the City may be a hazard to the easement area, or which may interfere with the exercise of the City's rights hereunder in any manner. 317he right to enter onto land beyond the easement area to conduct emergency repairs that may extend beyond the easement areas, 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. �i 4. The City shall indemnify the Owner against any loss or damage which shall be caused by the negligent exercise of any ingress or egress, construction, use or maintenance by the City or its agents or employees in the course of their employment. 5. The Owner reserves the right to use the 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 obstructions on the easement areas, or substantially add to the ground cover of the easement areas. The City shall have the right to remove any such improvements without notice or compensation to Owner. 6. The Owner shall maintain the area within the easement free from weeds and debris and shall in no event fill or prevent the stormwater control facilities to be filled in, and the Owner also agrees to maintain its land so as to minimize erosion in and around the easement areas. 7. The Owner hereby covenants with the City that it is lawfully possessed of the real estate above described, and that it has a good and lawful authority to convey it, or any part thereof. 8. After completion of the stonnwater management facility, the Owner and its successors and assigns shall thereafter maintain the facilities and easement areas. The maintenance shall include maintaining and mowing the ground cover and keeping it free of debris. The City shall have no obligation for maintenance of the facilities or the easement area. This obligation for maintenance may be transferred by the Owner to or otherwise become the obligation of the homeowners association. 9. Nothing in this Agreement shall be construed to impose a requirement on the City to install the original improvements herein described nor shall the Owner be deemed as acting as the City's agent during the original construction and installation of said improvement. The parties agree that the obligation to install the public improvement(s) herein shall be in accordance with City specifications, and this obligation shall remain on Owner until completion by Owner, and until acceptance by the City, as by law provided. This Agreement shall inure to the benefit of and bind the successors and assigns of the successors of the respective parties hereto and all covenants shall apply to and run with the land and with the title to the land. 10. The obligation to install the improvements shall be a lien on the land within the subdivision and upon satisfactory completion thereof, the City shall issue a release acknowledging construction in accordance with this Agreement. [SIGNATURE PAGES FOLLOW] i h IN WITNESS WHEREOF, the parties have executed this Stormwater Management Facility Easement Agreement on the ��t day of February, 2017. ICCH, LLC, Board ofManagers STATE OF IOWA ) ) ss: COUNTY OF JOHNSON ) This instrument was acknowledged before me on this _ day of February, 2017, by Frank Delno Holland, III, Member, ICCH, LLC, Board of ers. No lic in and r said State ,Pac"� s� DOUGLAS D. RUPPERT Commission Number 128989 PERT My m is 'on cpires IONP [SIGNATURE PAGE OF CITY FOLLOWS] h CITY OF IOWA CITY, IOWA By: " James A. Throgmorton Nrayor ATTEST: By.y Julie aril, Deputy City Cle k STATE OF IOWA ) ) ss: COUNTY OF JOHNSON ) This instrument was acknowledged before me on the ��]�� day of February, 2017, by James A. Throgmorton and Julie Voparil, as Mayor and Deputy City Clerk, respectively, of the City of Iowa City, Iowa. Notary Public in and o the State of Io a ra KELLIE K. FRUEHLINGL Commission Number 721819My i DOM [STORMWATER DETENTION EASEMENT AGREEMENT - SIGNATURE PAGE OF CITY] h EASEMENT PLAT STORMWATER MANAGEMENT FACILITY EASEMENT IOWA CITY, IOWA PREFAQE[I BT' WYi ENGINEEWNy LLC -5>'i 50UM liLBERT ST -IOWA CDY,USQ<O-(31B)33bTSS/ 0 80 160 Feet I wMwMY cr£9 can wn, Pus eo STANDARD LEGEND AND NOTES nmo�s�-a eo.�e.,r „ , .. `� SION , 5 A( ., ?Qo:........... sy"? zo:oe : p: TNGMA,S E : M+: = W • HA09889 _ rn � 09869 •p<c� •' A/OWPir'c; ``� „ � Grynalw-I Beoeen llm — — I�cua,I,mm.l E✓Nkl mDe-,vnm -er Gw ----- 140592 E GrbN,w 190592 vmBa.a cAm.mx. 1"=80' Fa>dwRWd.WY .. .. Fiv9ry E.an-m ______ — ___ P'eleme E` -N &mHmh A y Gromwsl sl Cmnc Fmm6 G,Mowwlcom.r, R.emenm.a GryndwlCer,v., Remkeelwtim a Tr W'm`wewirLHcs ° 0 +n W. r I lave mT. u zvw nxSn L ��mv wvA cT'. N ww (M) ��4\a 0'sco • a�A•\t' F. BgRols FOUND W PIN A, PAFA A E CORNER /,.SWY 5ECA 16-]9-fi _ — EAS(IS.0 PEDESTRIAN WALM WAT EA$_EMENi __________ ______________________ I I I I I I I I I i9' PIN Nae a e lu uN wen wm�s nw LOT 3 RUPPERT HLLS SUBO MON AA Pn6E .IT 9B' PIN FOUND W PIN F1116T AIMERI 111 Q A HK SFCoNo AD057ooH Kpt PAY Y{ L072 LOT 9 I FANUIf - 1916.1Sdvn. FM 7D. 7017 - FOUND %" Lm a—Lw Ab LMWaTLN +T m, u nano PIN Nil I I _ I FOUND %" PIN O TLOT IMI RUPPERT MLLE Kl'it µ, PIEC 1T LEGAL DESCRIPTION A PORTION OF THE NORTHWEST CUARTER OF THE SOUTHEAST QUARTER AND SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 16. TOWNSHIP 79 NORTH, RANGE 6 WEST OF THE FIFTH PRINCIPAL MERIDIAN, CITY OF IOWA CITY, JOHNSON COUNTY. IOWA, THE BOUNDARIES OF WHICH ARE DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF LOT 3 OF RUPPERT HILLS SUBDMSION, AS RECORDED IN BOOK 46, PAGE 47. RECORDS OF JOHNSON COUNTY, IOWA; THENCE 58631'OB'YI ALONG THE SOUTHERLY LINE OF SAID LOT, A DISTANCE OF 238.26 FEET: THENCE NO'OO'0O'E, A DISTANCE OF 75.04 FEET; THENCE N66'53'55 -E, A DISTANCE OF 84.03 FEET; THENCE S0'00'QO'E, A DISTANCE OF 35.56 FEET; THENCE 581'13'59E A DISTANCE OF 160.39 FEET TO THE WESTERLY RIGHT-OF-WAY LINE OF MILLER AVENUE; THENCE SS26'07'E ALONG SND WESTERLY RIGHT-OF-WAY UNE OF MILLER AVENUE. A DISTANCE OF 33.60 FEET TO THE POINT OF BEGINNING. 1 I i I I I I I I , 1 , I ' 1 I I II ,� i 'I I I FOUND i§" PIN I I I � 1 , II I I1 1 ' I I I ' I ' I I I I I I ' I 1 In, lalle Ic' ➢ Il it Z I m , la' I ' I I i 1 I1 ' I i I I I 1'I I ' I I _ I I I II ' I i I I ' �I I I ' I I I 3' S9'E I �I 39• r 1 l0 0 lade ,I Nsur 1. BASS TW BEMINGS IS GPS MEASUREMENTS IN ME IOWA STATE PLANE COORDINATE SYSRY, SWM ZONE, HASSE. 2 UNWt IMMEN4lwS ME IN U.S. 9JRVET FEET MO DECIMALS 1 3. E OF CLOSURE IS IFSS THAT 1 FOOT W 10000 FEET. 14-0592 PRAD2IE HILL IOWA CITY COHOUSING IO{VA CITY, IA ENGINEERING SdM0. LLC W 9 �O.B u1mA Tssx.:uw"'m"an'x" nFrMe>mvFarm,usv.0 ICCH, LLC P.OBOX916 IOWA CMU I DOUGLAS D. RUPPERT I EIIARDON. S V EPPEL 6 DO W NER P.LC. .�„r anDAe STORMWATER MANAGEMENT FACILITY EASEMENT PLAT FOUND W' PIN razr wn nx» umaaznT nm zcne u vnn wMwMY cr£9 can wn, Pus eo STANDARD LEGEND AND NOTES nmo�s�-a eo.�e.,r „ , .. `� SION , 5 A( ., ?Qo:........... sy"? zo:oe : p: TNGMA,S E : M+: = W • HA09889 _ rn � 09869 •p<c� •' A/OWPir'c; ``� „ � Grynalw-I Beoeen llm — — I�cua,I,mm.l anm+n mann mDe-,vnm -er Gw ----- 140592 E GrbN,w 190592 vmBa.a cAm.mx. 1"=80' Fa>dwRWd.WY .. .. Fiv9ry E.an-m ______ — ___ P'eleme E` -N &mHmh A y Gromwsl sl Cmnc Fmm6 G,Mowwlcom.r, R.emenm.a GryndwlCer,v., Remkeelwtim PmMM Comep FwM PmTrry Gmv, 6.1 0 Rrt¢Etl O.nonsns (R) WaueW Om.mm. (M) Nsur 1. BASS TW BEMINGS IS GPS MEASUREMENTS IN ME IOWA STATE PLANE COORDINATE SYSRY, SWM ZONE, HASSE. 2 UNWt IMMEN4lwS ME IN U.S. 9JRVET FEET MO DECIMALS 1 3. E OF CLOSURE IS IFSS THAT 1 FOOT W 10000 FEET. 14-0592 PRAD2IE HILL IOWA CITY COHOUSING IO{VA CITY, IA ENGINEERING SdM0. LLC W 9 �O.B u1mA Tssx.:uw"'m"an'x" nFrMe>mvFarm,usv.0 ICCH, LLC P.OBOX916 IOWA CMU I DOUGLAS D. RUPPERT I EIIARDON. S V EPPEL 6 DO W NER P.LC. .�„r anDAe STORMWATER MANAGEMENT FACILITY EASEMENT PLAT FOUND W' PIN razr wn nx» umaaznT nm zcne u vnn wMwMY cr£9 can wn, Pus eo :238.26• - 566' JI' 06"W wNuxNnv IF]D Wpc zc.. PnY zx W«A un. u snu FOUND i'D" PINs"OwEx POINT OF BEGINNING I 'I „ , .. `� SION , 5 A( ., ?Qo:........... sy"? zo:oe : p: TNGMA,S E : M+: = W • HA09889 _ rn � 09869 •p<c� •' A/OWPir'c; ``� „ � mRnrr cxn xurzcrnc ooa.�rrt rs in[%uo Aro Ir¢ Irzunss Two µ onxm er M44° "" mwnixc"`ir zsxixr Tau i.i wv`wss csww. I... xo nuc AM n .1 .icwsm uxu S.M a uxs or ca m,E ar iww 2 2 anm+n mann JLL TEH 140592 snwurz naw c xmm n uccs um. wac s a� n. mn. ..m a s.mz moan ec,»s s6� m San uAr 190592 12-15-15 1"=80' PREPAREDBY HBK ENGINEERING,LLC - 109 WISTM GILBERT"-IOWA CITY, IA M40-(319)33&7SS7 0 80 160 Feet q\14 ,Cy 40AP i MV weP c� o m, w mu. 1 craY K wwns PCH Mws wAcmc.A s e EASEMENT PLAT STORMWATER MANAGEMENT FACILITY EASEMENT IOWA CITY, IOWA Nq NX cm a uwn urr 'wvn vwrsr 2 '3 HFUR F. RP[P0�S Bus FOUND 95" PIN I ESC A, PAEe Iz NE CORNER �SW I T SECTON 16 J9 6 _ E– 150' PE_OE_STPIAN_WALNwAY E_AEEM_ENi_____________ I I I I I I 1 I I I I I I 1 I I j LOT 3 RUPPERT MLS SUBMASOON 131 al wI al ISI I 1 =1 I �I I SII lel ISI IW :i qkl 1 !—FOUND iS" PIN 1b.Taeuc .va M.1 pA 0.w urr P, AWA urr z EE wumlrn s 4 GIY P' e/NA P,Y . xsmA 3'e" PIN I FOUND IAB" PIN I I I ------------------------------ FOUND i¢" PIN �" PIN rFOUND 4§' PIN IFERS7 AMMAN RjhNK SECONDGaDD05�000M 5� SRAPK£'.M L07 FOUND %" emsw.mMAN AR a sW WwwwrY PEEP Wac Imo, PAEC . MI MA 5'An9V ° A "'. u uw LEGAL DESCRIPTION A PORITON OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER AND SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 16, TOWNSHIP 79 NORTH, RANGE 6 WEST OF THE HIM PRINCIPAL MERIDIAN, CRY OF IOWA CITY, JOHNSON COUNTY. IOWA, THE BOUNDARIES OF WHICH ARE DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF A WARRANTY DEE. AS RECORDED IN BOOK 583, PAGE 52, RECORDS OF JOHNSON COUNTY. IOWA; THENCE N3'25'07'W ALONG THE WESTERLY RIGHT–OF–WAY LINE OF MILLER AVENUE, A DISTANCE OF 136.46 FEET TO THE POINT OF BEGINNING; THENCE S8633'53W. A DISTANCE OF 35.09 FEET; THENCE N5'02'04"E A DISTANCE OF 102.44 FEET; THENCE N3'26'071y, A DISTANCE OF 123.96 FEET: THENCE N56'33'53'E, A DISTANCE OF 20.00 FEET TO SAID WESTERLY RIGHT–OF–WAY UNE OF MILLER AVENUE; THENCE SS26'07'E ALONG SAID WESTERLY RIGHT–CF–WAY LINE OF MILLER AVENUE, A DISTANCE OF 225.28 FEET TO THE POINT OF BEGINNING. ,I I � 1 I I I I I On n`�n �S� ILII �I i RUPP RT MLL S I Kq' 96, PASS 47 N86' 83' 53'E 2000- FOUND 35' � ° per. POINT OF wn lwrNL vI mum n wvn cnv. u sv.. I 1 II I I I 1 1 , W PIN 1 14-0592 1 PRAIRIE HILL IOWA CITY COHOUSING IOWA CITY, IA I I I `�SSIONq� THOMAS E HAGENSEE 09889 NOrEs 1. BASS OF BEARNBS IS GPS MEASUREMENTS IN THE IOWA STATE PLANECOORDINATE SYSTEM, SOUTH ZONE, NAOB] 2.. LOW DIMENSIONS ARE IN U.S. SURVEY FEET AND OEGMALS THEREOF. a ENROV OF CLOWRE IS LESS FIAT I FOOT IN 10,000 FEET. 1 OF: 1 FTHE hbk ENGINEERING nsilviln,m °Nei<:oW:i..:9n useAalwr"niweeao�..swnu. �I— OWNENDEYELOPEA: p STANDARD LEGEND AND NOTES ICPCHL LC PI.<as„rmr B.„m=a n ur,9mesmmis.aa.„u.. w1Um, I:,MmI – IOWA CrtY.0 fine I— biDm,Plamtl orby 0eeE —� 1 Ealzug Cena:fne — vroPos.aeenx:4,:. �I E,lti Rf, A y ATTORNEY: N: . III., ..rSEavmam --- PmpveO Ev MWe DOUGLAS D. RUPPERT c'gma ml Comer, Faxd ® M1ffARUON.SUEPP816OOWNCRP.LC. .INN Cargnvie,al Comer, ReeshG119,eE ® .OW mN I Lorymsslovl Cammr. flewiEW looeon Q POINT OF PraBero rAm.r, Fouts • 'BEGINNING vmv.roc.m... s.1 0 c., ® TP11E: ...... GIN STORMWATER (M) MANAGEMENT FACILITY EASEMENT PLAT I I I `�SSIONq� THOMAS E HAGENSEE 09889 NOrEs 1. BASS OF BEARNBS IS GPS MEASUREMENTS IN THE IOWA STATE PLANECOORDINATE SYSTEM, SOUTH ZONE, NAOB] 2.. LOW DIMENSIONS ARE IN U.S. SURVEY FEET AND OEGMALS THEREOF. a ENROV OF CLOWRE IS LESS FIAT I FOOT IN 10,000 FEET. 1 OF: 1 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 WATER MAIN EASEMENT AGREEMENT PRAIRIE HII.L THIS WATER MAIN EASEMENT AGREEMENT (this "Agreement") made and entered into by and between ICCH, LLC ("Owner", which expression shall include its successors in interest and assigns), and the CITY OF IOWA, 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 water lines, pipes, mains, and conduits as the City shall from time to time elect for conveying water, with all necessary appliances and fittings, for the use in connection with said 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(s) designated as "Water Main Easement" on Exhibit A attached hereto and incorporated herein by reference, hereafter described as "easement area". Owner further grants to the City: 1. Owner states and covenants that it is the owner of the real estate depicted on Exhibit A, attached hereto, 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. The right of grading said easement areas for the full width thereof, and to extend the cuts and fills for such grading into and onto said lands along and outside of the said easement area to such extent as the City may find reasonably necessary. 3. The right from time to time to trim, cut down and clear away any and all trees and brush on said easement area and also to trim, cut down and clear away any trees on either side of said easement area which now or hereafter in the opinion of the City may be a hazard to said easement area, or which may interfere with the exercise of the City's rights hereunder in any manner. The City shall promptly backfill any trench made by it, and repair any damages caused by the City within the easement area. The City shall indemnify Owner against unreasonable loss or damage which may occur in the negligent exercise of the easement rights by the City. Except as expressly provided herein, the City shall have no responsibility for maintaining the easement area. Owner reserves the right to use said easement area for 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 by virtue of legal and/or equitable title, and that it has a good and lawful right to convey this easement. Nothing in this Agreement shall be construed to impose a requirement on the City to install the original public improvements at issue herein. Nor shall Owner be deemed acting as the City's agent during the original construction and installation of said improvement. Parties agree that the obligation to install the public improvement(s) herein shall be in accordance with City specifications, and the obligation shall remain on Owner until completion by Owner, and until acceptance by the City, as by law provided. The provisions hereof shall inure to the benefit of and bind the successors and assigns of the respective patties hereto, and all covenants shall apply to and run with the land and with the title to the land. IN WITNESS WHEREOF, the parties have executed this Water Main Easement Agreement on the P.4A- day of February, 2017. I CCH, LLC CBy. / rank Delno Holland, III, Member, ICCH, LLC, Board of Managers STATE OF IOWA ) ) ss: COUNTY OF JOHNSON ) This instrument was acknowledged before me on this day {�j day of February, 2017, by Frank Delno Holland,111, Member, ICCH, LLC, Board of Managers. STATE OF IOWA ss: COUNTY OF JOHNSON DOUGLAS D. RUF Commission Number My Calnmvior y CITY OF IOWA CITY, IOWA By: J es A. Throgmorton, Mayor ATTEST: 11 � By: Julie , Deputy City Clerk M1 This instrument was acknowledged before me on the day of February, 2017, by James A. Throgmorton and Julie Voparil, as Mayor and Deputy City Clerk, respectively, of the City of Iowa City, Iowa. c, z A" Not4 Public in and fop 'd County and S e 6 KELLIE K. FRUEHLING Z Camnuss NumDEerr w PREPARED BY: HSKENGINEERING,TIL-`A SONTHGILBERTST-IOWAGTY,IA5II D-PIISSS&7557 0 80 160 Feet EASEMENT PLAT WATER MAIN EASEMENT IOWA CITY, IOWA I I I I PEDESTN WALKWAY E ___ __________ E- 15.0' RIA _______________ Plalor6urveY Boun]ary I I I I I II I Lorgn®eral6¢6on line — — I I i mm,a, namee.W oea ----- I I I Evistlrip ce,Immre Qp I WW Pmparetl RiyMOM1Way E.Im„R F.mmem __________ 1 OF: 1 & I Q Ca,p2alemlCwm,, Fc—I RUPP RT ML LS Lormn�wm Ccm+r. q..ahNGw2 SURDWOMOK MN R 6 F.iRiA L OITO w I al wI Y K PmP.MLnmer, Set al 131 CN'X M Inl 1'[ /-91P` YiRI ST Meawratl Rim—, w3'in m u Ha,i �w reNA s cm, u szws m. u nzm � TNI >< I wl I FOUND i§" PIN (FOUND i9" PIN FOUND 3y" PIN I. PIES CM szN aremtm�scw MRST AHEM AN QJANK SECOND AD09TIO0 N CL'gCLOT 2 LOT I gal\140592 - Water Easement Etdlbit - 12.16.15.dwg, Feb 20. 2017 - 02:26Pm LILY [F LM. GIY cnr. u Kvo 4 LT'I W W GIY ,0 T� YY A %" PIN FOUND %' PIN I I I I FOUND i5" PIN :x148.12 C=137.IY CB -S20' 56 IO"E CB=N86' NO 94" PIN wARRa+ry EEm OLq' pll. PK£ Y/O LEGAL DESCRIPTION A PORTION OF THE NORTHWEST OUARTER OF THE SOUTHEAST QUARTER AND SOUTHWEST QUARTER OF THE NORTHEAST OUARTER OF SECTION 16. TOWNSHIP 79 NORTH, RANGE 6 WEST OF THE FIFTH PRINCIPAL MERIDIAN, CITY OF IOWA CITY, JOHNSON COUNTY, IOWA, THE BOUNDARIES OF WHICH ARE DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF A WARRANTY DEED, AS RECORDED IN BOOK 583, PAGE 52, RECORDS OF JOHNSON COUNTY, IOWA; THENCE N3'26.07W ALONG THE WESTERLY RIGHT-OF-WAY LINE OF MILLER AVENUE. A DISTANCE OF 71.27 FEET TO THE POINT OF BEGINNING; THENCE S86'46'59"W, A DISTANCE OF 10.02 FEET; THENCE NORTIWESTERLY ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 271.31 FEET AND AN ARC LENGTH OF 107.34 FEET; THENCE NORTHWESTERLY ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 198.69 FEET AND AN ARC LENGTH OF 112.51 FEET THENCE NORTHWESTERLY ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 86.31 FEET AND AN ARC LENGTH OF 223.12 FEET; THENCE x4507'18 -E. A DISTANCE OF 202.37 FEET; THENCE S89 -53'23"E, A DISTANCE OF 144.80 FEET TO SAID WESTERLY RIGHT-OF-WAY LINE OF MILLER AVENUE; THENCE S3'26'07"E ALONG SAID WESTERLY RIGHT-OF-WAY LINE OF MILLER AVENUE, A DISTANCE OF 15.03 FEET. THENCE N89'S3'23"W, A DISTANCE OF 139.52 FEET: THENCE S45'07.18'W, A DISTANCE OF 196.16 FEET; THENCE MIJD ASIERLY ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 71.31 FEET AND AN ARC LENGTH OF 164.34 FEET; THENCE SOUTHEASTERLY ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 213.69 FEET AND AN ARC LENGTH OF 121.01 FEET; THENCE SOUTHEASTERLY ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 256.31 FEET AND AN ARC LENGTH OF 101.40 FEEL THENCE NBF46'59"E, A DISTANCE OF 9.96 FEET TO SAID WESTERLY RIGHT-OF-WAY UNE OF MILLER AVENUE: THENCE SN26'07"E ALONG SAID WESTERLY RIGHT -GF -WAY UNE OF MILLER AVENUE, A DISTANCE OF LEOS FEET TO THE POINT OF BEGINNING. I I'� OU nn �/7nn L�O� IMI I I RUPPERT MLS [tp( 96, PX£ 47 I j FOUND "7e- PIN I I� �I I I I I 139.52` N89' 53' 23-W :)=12.45 L=121.01' R-213.69' C=119-40 0-586' 46'16 E CB -S81' 5T W=N81- 16' 07"E f S I Z c m I I I PEDESTN WALKWAY E ___ __________ E- 15.0' RIA _______________ Plalor6urveY Boun]ary I I I I I II I Lorgn®eral6¢6on line — — I I i mm,a, namee.W oea ----- I I I Evistlrip ce,Immre Qp I WW Pmparetl RiyMOM1Way E.Im„R F.mmem __________ 1 OF: 1 ¢ LOT 3 Q Ca,p2alemlCwm,, Fc—I RUPP RT ML LS Lormn�wm Ccm+r. q..ahNGw2 SURDWOMOK IL w I al wI IwtiaE u. PASS n PmP.MLnmer, Set al 131 CN'X N...dDanentlmu Rp Meawratl Rim—, (MJ � TNI >< I wl I FOUND i§" PIN (FOUND i9" PIN FOUND 3y" PIN szN aremtm�scw MRST AHEM AN QJANK SECOND AD09TIO0 N CL'gCLOT 2 LOT I gal\140592 - Water Easement Etdlbit - 12.16.15.dwg, Feb 20. 2017 - 02:26Pm LILY [F LM. GIY cnr. u Kvo 4 LT'I W W GIY ,0 T� YY A %" PIN FOUND %' PIN I I I I FOUND i5" PIN :x148.12 C=137.IY CB -S20' 56 IO"E CB=N86' NO 94" PIN wARRa+ry EEm OLq' pll. PK£ Y/O LEGAL DESCRIPTION A PORTION OF THE NORTHWEST OUARTER OF THE SOUTHEAST QUARTER AND SOUTHWEST QUARTER OF THE NORTHEAST OUARTER OF SECTION 16. TOWNSHIP 79 NORTH, RANGE 6 WEST OF THE FIFTH PRINCIPAL MERIDIAN, CITY OF IOWA CITY, JOHNSON COUNTY, IOWA, THE BOUNDARIES OF WHICH ARE DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF A WARRANTY DEED, AS RECORDED IN BOOK 583, PAGE 52, RECORDS OF JOHNSON COUNTY, IOWA; THENCE N3'26.07W ALONG THE WESTERLY RIGHT-OF-WAY LINE OF MILLER AVENUE. A DISTANCE OF 71.27 FEET TO THE POINT OF BEGINNING; THENCE S86'46'59"W, A DISTANCE OF 10.02 FEET; THENCE NORTIWESTERLY ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 271.31 FEET AND AN ARC LENGTH OF 107.34 FEET; THENCE NORTHWESTERLY ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 198.69 FEET AND AN ARC LENGTH OF 112.51 FEET THENCE NORTHWESTERLY ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 86.31 FEET AND AN ARC LENGTH OF 223.12 FEET; THENCE x4507'18 -E. A DISTANCE OF 202.37 FEET; THENCE S89 -53'23"E, A DISTANCE OF 144.80 FEET TO SAID WESTERLY RIGHT-OF-WAY LINE OF MILLER AVENUE; THENCE S3'26'07"E ALONG SAID WESTERLY RIGHT-OF-WAY LINE OF MILLER AVENUE, A DISTANCE OF 15.03 FEET. THENCE N89'S3'23"W, A DISTANCE OF 139.52 FEET: THENCE S45'07.18'W, A DISTANCE OF 196.16 FEET; THENCE MIJD ASIERLY ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 71.31 FEET AND AN ARC LENGTH OF 164.34 FEET; THENCE SOUTHEASTERLY ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 213.69 FEET AND AN ARC LENGTH OF 121.01 FEET; THENCE SOUTHEASTERLY ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 256.31 FEET AND AN ARC LENGTH OF 101.40 FEEL THENCE NBF46'59"E, A DISTANCE OF 9.96 FEET TO SAID WESTERLY RIGHT-OF-WAY UNE OF MILLER AVENUE: THENCE SN26'07"E ALONG SAID WESTERLY RIGHT -GF -WAY UNE OF MILLER AVENUE, A DISTANCE OF LEOS FEET TO THE POINT OF BEGINNING. I I'� OU nn �/7nn L�O� IMI I I RUPPERT MLS [tp( 96, PX£ 47 I j FOUND "7e- PIN I I� �I I I I I 139.52` N89' 53' 23-W :)=12.45 L=121.01' R-213.69' C=119-40 0-586' 46'16 E CB -S81' 5T W=N81- 16' 07"E f S I Z c m a 07 E )INT OF 'I FOUND 3'6" PINJ POINT OCMNCEMNTJ FME I STANDARD LEGEND AND NOTES Plalor6urveY Boun]ary r 59-W Lorgn®eral6¢6on line — — Lozu,,.,I„m,rm i mm,a, namee.W oea ----- Evistlrip ce,Immre — Pmpautl GnbAm Ex., Re . ,—.__..._..._ Pmparetl RiyMOM1Way E.Im„R F.mmem __________ 1 OF: 1 �P®.e F.eemem 6e,Hmah 0 Ca,p2alemlCwm,, Fc—I Lormn�wm Ccm+r. q..ahNGw2 Ceryndonl CZRemNatl l -Iti IL Pmpp Comar, Fouts PmP.MLnmer, Set O CN'X N...dDanentlmu (q) Meawratl Rim—, (MJ a 07 E )INT OF 'I FOUND 3'6" PINJ POINT OCMNCEMNTJ FME I GINNING N9S5 r 59-W 1. BASIS OF BEARINGS IS GPS MEASUREI IN THE pJyL�Lrc IOWA STALE PLANE CYORDIN4T S., SWTi ZONE, NAD61, i 2. UNI DIMENSIONS ARE IN J.5, SIRVEY FEET ANO OEOIMAIS T J. ERROR OF CLOSURE IS LESS TUT I FG.T IN W.000 FEET. 'I. 14-0592 PRAHUE HILL IOWA CITY COHOUSING IOWA CITY, IA hbk csvIILuc. LLc n'e Vlil aMiireixn ewlr.mn anoF row�P °�ixv°i'e'xo. nu ICCH, LLC P.O. BOXn6 IOWA CITY, IA 53EH DOUGLAS D. RmUPPERT F6NNON, STIEPPEL 6 00 W IVYIt P.LG WATER MAIN EASEMENT PLAT wAeRANTr IRFD N'L1< SPA, PH£ 51 ai Meirn n•x MM crzY. a ru,a FOUND 3'6" PINJ POINT OCMNCEMNTJ FME I ......gC"" q�:Q aQ•••• :Ea •5a u5u10NN,a // /: 2O 3 p? THOMAS E m c - w • HAGENSEE ? a ` ° N : 09809 C5 z, •. m. '.� 0'. . •O� ` lOWPc'�•• E wMOSu.`°"ureu'V�R1..a Sr XPXrrX "E B MEM FOR T"E WRP4E nGRi^ aSUw / acwUlrc mrz E. x MaaR a rr uareE Rasaa mw a mcLURU PI. zona. .rns"m w,rr aM xx ,„EE,= M�rr,„S ,E,.� pJyL�Lrc om �TcE¢H 14-0592 .. 140592 Iz-Is-Is 1^=sa 1 OF: 1 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 TEMPORARY GRADING AND CONSTRUCTION EASEMENT AGREEMENT BETWEEN ICCH, LLC AND THE CITY OF IOWA CITY THIS AGREEMENT is made by and between ICCH, LLC (hereinafter "Developer") and the City of Iowa City, Iowa (hereinafter "the City'), which expression shall include their successors in interest and assigns. WHEREAS, in consideration of the approval of the site plan of Prairie Hill Iowa City Co -Housing, Iowa City, Iowa, City ("Prairie Hill") has agreed to grant to the Developer a nonexclusive temporary grading and construction easement as described herein; and WHEREAS, a temporary grading and construction easement is necessary to allow the Developer to properly grade, shape, and restore City -owned property directly adjacent to the Prairie Hill property and provide a safe, maintainable slope as a result of installation of sidewalk required with Development. NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: 1. City states and covenants that it is the owner of certain real estate depicted as "Temporary Grading and Construction Easement" on the attached Easement Plat ("Easement Area") 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. For the sum of One Dollar ($1.00) and other good and valuable consideration, receipt of which is hereby acknowledged, City hereby grants and conveys to Developer a temporary grading and construction easement for the purpose of necessary grading, excavation, piling of dirt, re -grading, restoration, storage of materials and equipment, and ingress and egress of persons and equipment to and over the Easement Area and the adjacent public right-of-way. 3. City further grants to the Developer the following rights in connection with the above -referenced easement: A. To trim, remove, and dispose of all trees and brush which are located within the required cutback slope area and may interfere with the exercise of easement rights pursuant to this temporary grading and construction easement. B. To make excavations and to grade as it may find reasonably necessary for the construction and installation of the improvements which shall be in accordance with the grading plan approved by City. 4. At the conclusion of work described in this agreement, Developer shall: A. Provide a free draining ground surface within the easement area and, that portion of the adjacent City Right of Way graded pursuant to this agreement, with maximum finished slope of 4:1. B. Replace topsoil removed or stripped from surface with a minimum 6" topsoil surface with seeding and erosion control in place. 5. The term of this temporary grading and construction easement will be for the period of time required to complete the improvements in the Easement Area. Notwithstanding the foregoing, this easement shall automatically expire the earlier of completion of the improvements within the Easement Area or September 1, 2017. 2 I 6. Developer shall indemnify City against any loss and damage which shall be caused by the negligent exercise of any easement rights granted herein by the Developer or its agents or employees in the course of their employment. 7. Nothing in this Agreement shall be construed to impose a requirement on the City to install the improvements described herein, nor shall City be deemed acting as the Developer's agent in the course of performing its obligations pursuant to this Agreement. 8. This easement shall inure to the benefit of and bind the successors and assigns of the respective parties hereto. All covenants shall be deemed to apply to and run with the title to the land and shall be recorded in the Johnson County Recorder's Office. Dated this .� day of February, 2017. CITY OF IOWA CITY, IOWA BY: � G J mes A. Throgmor on, Mayor ATTEST: ° V Julie aril, Deputy City Clerk Frank Delno Holland, IIl, Member; ICCH, LLC, Board of Managers K? 6 STATE OF IOWA ) ) ss: COUNTY OF JOHNSON ) This instrument was acknowledged 2017, by James A. Throgmorton and Julie respectively, of the City of Iowa City, Iowa. STATE OF IOWA ) ) ss: COUNTY OF JOHNSON ) before me on the � day of February, Voparil, as Mayor and Deputy City Clerk, Notary Public in anor the State of I ova This instrument was acknowledged before me on the 2L?�4 day of February, 2017, by Frank Delno Holland, III, Member, ICCH, LLC, Board of Managers. Not ar P blic in an o State of Iowa PRr"� s DOUGLAS D. RUPPERT o v Commission Number 128989 My C iss'on les IWyP 0 w WEST BENTON STREET ----------------------------------- -- — --- --- — ---- I � I II 1 ; nn LaDDMON PaOOK , PAOE TM L07 3 RUPINEIR7 G LLS WX 46, PAGE 47 vzhl, LLG 57' 45"N i - FOUND STANDARD LEGEND AND NOTES Plat or Survey Boundary �� Cengresslonal Secllon Line CITY OF IOWA CITY, JOHNSON COUNTY, IOWA II i O���O� II�II Lot We, Platted or by Dead ENGINEERING HBK ENGINEERING, LLC II I i Proposed Centerline ENsgng RlBht-cf-Way —.-.--.---..— -V L�� [RU p p E IRT HUE Exlsting Easement---------- ; PRESENTLY ESTABLISHED Pmposed Easement R.O.W. Benchmark /WEST RIGHT-OF-WAY LINE II 1590K 46, PAS 47 Congressional Comer, Reestablished I/ OF MILLER AVENUE Congressional Comer, Retarded Location A Proper, Come, Found I , I PropeM Camey Set O Cu w I t E547014 HLL PM', (R) Measured Dimensions (M) OIfY OP IOWA ORY ° to 410 E WASiNUrOJ Sr IOWA CITY, IA 52MO TEMPORARY jcl ISI GRADING & , � t > CONSTRUCTION EASEMENT 57' 45iE m 81I57.5' I w I rN88' IzlI � � LO CV p CafP'1 Oj ... ,pr,N I I In I Z ; M POINT OF I G ;+ !I [n BEGINNININ , L07 3 RUPINEIR7 G LLS WX 46, PAGE 47 vzhl, LLG S88' 57' 45"N i - FOUND STANDARD LEGEND AND NOTES Plat or Survey Boundary �� Cengresslonal Secllon Line CITY OF IOWA CITY, JOHNSON COUNTY, IOWA Lot Line, Internal NDMBER: 14-0592 Lot We, Platted or by Dead ENGINEERING HBK ENGINEERING, LLC Existing Centemne — Proposed Centerline ENsgng RlBht-cf-Way —.-.--.---..— -V L�� ProposedRi9ht-of-Way------------- Exlsting Easement---------- Pmposed Easement R.O.W. Benchmark A V Congressional Comer, Found Congressional Comer, Reestablished Congressional Comer, Retarded Location A Proper, Come, Found • PropeM Camey Set O Cu w Recorded Dimensions (R) Measured Dimensions (M) S88' 57' 45"N i - FOUND 9" PIN i �� I I , , CITY OF IOWA CITY, JOHNSON COUNTY, IOWA � I NDMBER: 14-0592 t ENGINEERING HBK ENGINEERING, LLC °��� I TOWNSHIP: 79 RANGE: 6 DATEOFSURVEY: 11/1/2013 ACQUIRED IN THE NAME OF ICCH. LLC -V L�� I I 66' R.O.W. I I ' II II ' I � I ' II ' ' ' I I I � Iin; I ' Ix I ° to i r r jcl ISI rn , � t > rn DI In I m rn IzlI � � LEGAL DESCRIPTION BEGINNING AT THE SOUTHEAST CORNER OF OUTLOT A OF RUPPERT HILLS SUBDIVISION IN IOWA CITY, IOWA, ACCORDING TO THE PLAT THEREOF RECORDED IN BOOK 45, PAGE 47 OF THE RECORDS OF JOHNSON COUNTY, IOWA; THENCE S88'57'45"W ALONG THE SOUTH LINE OF SAID OUTLOT A, A DISTANCE OF 60.00 FEET; THENCE N01'02'15"W, A DISTANCE OF 50.00 FEET; THENCE NBB'57'45"E, A DISTANCE OF 57.85 FEET TO A POINT ON THE WEST RIGHT-OF-WAY LINE OF MILLER AVENUE; THENCE S03'29'45"E ALONG SAID WEST RIGHT-OF-WAY LINE, A DISTANCE OF 50.05 FEET TO THE POINT OF BEGINNING. SAID EASEMENT CONTAINS 2,947 SQUARE FEET, MORE OR LESS. NOTE: 1. BASIS OF BEARINGS IS GPS MEASUREMENTS IN THE IOWA PLANE COORDINATE SYSTEM SOUTH ZONE NAD83. 2. LINEAR DIMENSIONS ARE IN U.S. SURVEY FEET AND DECIMALS THEREOF. 0 50 100 Feet TEMPORARY GRADING & CONSTRUCTION EASEMENT DRAWN BY: JLL OUTLOT A OF RUPPERT HILLS SUBDIVISIONhAPPROVEDPROJECT �� BY: TEH CITY OF IOWA CITY, JOHNSON COUNTY, IOWA 111✓✓✓ NDMBER: 14-0592 ENGINEERING HBK ENGINEERING, LLC COUNTY: JOHNSON SECTION: 16 DATE DRAWN: 1/18/17 TOWNSHIP: 79 RANGE: 6 DATEOFSURVEY: 11/1/2013 ACQUIRED IN THE NAME OF ICCH. LLC 509 S. GH.BERT ST. IOWA CITY, IA 52240 PHONE: (319) 338-7557 FAX: (319)358-2937 SHEET: 1 of 1 [:\Project\140592\dwg\Legal\140592 — Temp. Construction Easement Exhlblt — 1.18.17.dwg, Jan 18, 2017 — 12:D4pm g Doe ID: Kind: EAEMENT 026666660015 Type: GEN S Recorded; 03/24/2017 at 11:65:54 AM Fee Amt: $77.00 Pape 1 of 15 Johnson COUntV Iowa Kim Painter County Recorder 6K5629 PG741-755 STATE OF IOWA ) ) SS JOHNSON COUNTY ) r i I a ZIBVSE SET —NAA ,� City of 3 �'A6 I, Chris Guidry, City Clerk of Iowa City, Iowa, do hereby certify that the Resolution attached hereto is a true and correct copy of Resolution No. 17-81 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 21st day of March, 2017, all as the same appears of record in my office. Dated at Iowa City, Iowa, this 22-NfL day of .r�—k , 2017. Chris Guidry City Clerk w fires 410 EAST WASHINGTON STREET a IOWA CITY, IOWA 52240-1826 9 (319) 356-5000 a FAX (319) 356-5009 3�r�sl Prepared by: Josh Slattery, Senior Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5149 RESOLUTION NO. 17-81 RESOLUTION ACCEPTING THE WORK FOR THE WATER MAIN PUBLIC IMPROVEMENTS AND THE DEDICATION OF AN ACCESS AND WATER MAIN EASEMENT FOR THE ALGONQUIN ROAD WATER MAIN EXTENSION FOR THE RESIDENCE AT 620 FOSTER ROAD. WHEREAS, the owner of certain real estate locally known as 620 Foster Road has extended the Algonquin Road water main for the purpose of further developing said real estate; and WHEREAS, said owner has also installed a gravel drive along said water main in order for the City to access and maintain the water main and hydrant and for fire apparatus access; and WHEREAS, said owner now wishes to dedicate an access and water main easement to the City, along with the water main improvements installed therein, so that such improvements may be part of the public water main system to be owned and maintained by the City; and WHEREAS, the Engineering Division has certified that the following improvements have been completed in accordance with the plans and specifications approved by the City of Iowa City: Water main improvements for the Algonquin Road Water Main Extension for the Cole Residence at 620 Foster Road, as constructed by Maxwell Construction, Inc of Iowa City. WHEREAS, the maintenance bonds have been filed in the City Clerk's office; and WHEREAS, the City of Iowa City has notified the contractor listed previously of the date on which it will consider acceptance of the aforementioned public improvements; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. Acceptance of the above -referenced easement and improvements therein are hereby approved and authorized. 2. The Mayor is authorized to sign and the City Clerk to attest any and all documentation necessary to effectuate the acceptance of said dedication, including a public water main easement agreement in a form acceptable to the City Attorney, and to record the same at Owner's expense. Passed and approved this 21st day of March , 20—L. OR i� ATTEST: �� I CITY CLERK Approved by c City Attorney's Office Lij, Resolution No. Page 2 It was moved by Mims and seconded by Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: ABSTAIN: Dickens Botchway Cole Dickens Mims Taylor Thomas Throgmorton the NO Prepared by and return to, Thomas H. Gelman, 321 E. Market St., P.O. Box 2150, Iowa City [A 52244 (319)354-1104 WATERMAIN EASEMENT AGREEMENT Over a Portion of the Northwest Quarter of the Northeast Quarter of Section 4, Township 79 North, Range 6 West, of the Fifth P.M., Iowa City, Johnson, County, Iowa THIS WATERMAIN EASEMENT AGREEMENT ("Agreement") is made by and between North Dubuque, LLC, hereinafter called "Developer", which expression shall include its successors and assigns, and the City of Iowa City, Iowa, a municipal corporation hereinafter called the "City", WITNESSETH: It is hereby agreed as follows: For the sum of $1.00 plus other valuable consideration, the receipt of which is hereby acknowledged, Developer hereby grants and conveys to the City an easement for the purposes of excavating for and the installation, maintenance, repair, replacement, and use of, such water lines, pipes, mains, and conduits as the City shall from time to time elect for conveying water, with all necessary appliances and fittings, for the use in connection with said pipe lines, together with adequate protection therefor, and also a right of way, with the right of ingress and egress thereto, over and across the area designated as "40.0' WIDE ACCESS AND WATERMAIN EASEMENT" shown on the "Easement Plat" attached hereto and incorporated herein by this reference, hereafter described as "easement area". A, 2 - Developer further grants to the City: 1. The right of grading the easement area for the full width thereof, and to extend the cuts and fills for such grading into and onto the lands along and outside of the easement area to such extent as the City may find reasonably necessary. 2. The right from time to time to trim, cut down and clear away any and all trees and brush within the easement area and also to trim, cut down and clear away any trees on either side of the easement area that now or hereafter, in the opinion of the City, may be a hazard to the easement area, or that may in any manner interfere with the exercise of the City's rights hereunder. The City shall promptly backfill any trench made by it, and repair any damages caused by the City within the easement area or adjacent lands. The City shall indemnify Developer against unreasonable loss or damage that may occur in the negligent exercise of the easement rights by the City. Except as expressly provided herein or in another written agreement, the City shall have no responsibility for maintaining the easement area. Developer reserves the right to use the easement area for purposes that will not interfere with the City's full enjoyment of the rights herein granted; provided that Developer shall not erect or construct any building, fence, retaining wall (except as may be separately approved by the City) or other structure, plant any tree, drill or operate any well, or construct any reservoir or other obstruction on the easement area, or diminish or substantially add to the ground cover over the easement area. Nothing in this provision shall prevent the Developer from installing a street and related improvements within the easement area provided such installations meet specifications approved therefor by the City in accordance with applicable ordinances. Any such improvement installed within the easement area, with or without City approval, that in the City's reasonable determination interferes with the City's exercise of its easement rights hereunder may be removed by the City without compensation or replacement. Developer does hereby covenant with the City that Developer is lawfully seized and possessed of the real estate above described, and has good and lawful right to convey it, or any part thereof. Nothing in this Agreement shall be construed to impose a requirement on the City to install the original watermain public improvements contemplated herein. Nor shall Developer be deemed acting as the City's agent during the original construction and installation of said improvements. The City and Developer agree that the obligation to install the public improvement(s) herein shall be in accordance with City specifications, and the obligation shall remain on Developer until completion by Developer and acceptance by the City, as by law provided. lIJ -3 - This Agreement and the easement granted hereunder shall terminate upon the recording in the Records of Johnson County, Iowa of an agreement of the City and Developer to terminate the easement, or when the City may sooner accept a dedication of the easement area for public right-of-way purposes. The provisions of this Agreement shall inure to the benefit of and bind the parties hereto and their respective successors and assign, and all covenants shall apply to and run with the land and with the title to the land. Dated this —�5— day of _ M lf� 12017, DEVELOPER NORTH DUBUQUE, LLC By: ` 61�-- Eddie Cole, Member and President By: 4rey well, Member ,n•ud Vice President State of Iowa, County of Johnson, ss: This instrument was acknowledged before me on M&'jCin 6 2017 by Eddie Cole, Mem and President of No�Dubuque, LLC. MYE7 Notary Public for d State State of Iowa, County of Johnson, ss: This instrument was acknowledged before me on A / 5 , 2017 by Jeffrey L. Maxwell, as Member and Vice President of North Dubuque, LLC. 110TIERYCA DUWA Not Public for said State ConntWnNumber7p9�8553 My Gomm O E2U19 CITY OF IOWA CITY, IOWA Im 0 -4 - Chris Guidry, City Clerk STATE OF IOWA, COUNTY OF JOHNSON, ss: On -j) � St -/U L f Ck � , 2017, before me, the undersiened. a notary public for the State of Iowa, personally appeared James A. Throgmorton and Ch ris Gtidrfp me personally known, who, being I by me duly sworn, did say that they are the Mayor and City Clerk , respectively, of the City of Iowa City, Iowa, executing the within and foregoing instrument; that the seal affixed thereto is the seal of said municipal corporation by authority of its City Council; and that the said Mayor and Deputy City Clerk 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 for the to of Iowa My Commission ires yyq KELLIE K. FRUEHLING Commission Number 221919 MYCan i . E hes Vol 5 - CONSENT OR MORTGAGEE The undersigned, a mortgagee of the Real Estate in Iowa City, Iowa described on the attached Easement Plat, hereby acknowledges having fully reviewed the foregoing WATERMA[N EASEMENT AGREEMENT ("Easement") and consents to the Developer's grant of such Easement as applicable to the real property covered by its mortgage lien interests. MORTGAGEE Hills Bank and Trust Company By: kk1fdt ' /t �i) fGtCv� Date f7 2017 1 ,title�}- By. Date 2017 title I State of Iowa, County of Johnson, ss: 14is instrutp�ent wascknowledged before me on the vA day of M41-CA2017 by /,n7,,/CCd- C4^jj and Ate; -)W Tone as rRA/oiytc lGSx Pyr and ex?/of/tR respectively, of Hills Bank and Trust Company. iNOLLY E BROW_mmission Numher736gt2Notary IMblic in and for the State of Iowa My Commission Expires My Commission Expires / �� U LOCATION: A PORTION OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 4, TOWNSHIP 79 NORTH, RANGE 6 WEST, OF THE FIFTH P.M., IOWA CITY, JOHNSON COUNTY, IOWA LAND SURVEYOR, INCLUDING FIRM OR ORGANIZATION: JAMES E. LICHTY P.LS MMS CONSULTANTS INC. 1917 SOUTH GILBERT STREET IOWA CITY, IOWA, 52240 PHONE: 319-351-8282 SURVEY REQUESTED BY: EDWARD COLE 620 FOSTER ROAD IOWA CITY, IOWA 52240 PROPRIETOR OR OWNER NORTH DUBUQUE LLC 620 FOSTER ROAD IOWA CITY, IOWA 52240 DOCUMENT RETURN INFORMATION: LAND SURVEYOR DATE OF SURVEY: JANUARY 25, 2017 POINT OF TERMINATION SLING PIPE LINE ...q EASEMENT 40.0' ACCE WIDESS •' AND WATERMAIN{....:`:: AND •I EASEMENT i • jj 9,799 SF 60.0' ® I ; S0 , – PROPERTY &/or BOUNDARY LINES — – CONGRESSIONAL SECTION LINES --- —--- ------ RIGHT–OF–WAY LINES — – CENTER LINES POINT OF BEGINNING I•," ":{ SLING PIPE LINE ® EASEMENT ack%aRR1ffie 0 - P20U FQWt • – PROPERTY CORNER(S), FOUND (as noted) _r—_ ------------- ------, w AcezRDANGE wnH THE RAT THERELP REGLRDED I IN RAT DOM % AT PAM 291 6r THE RECORD" I , U (� I I A' TIE J01-N90I.1 LANfY RECORDERS A�IGE I 60.0' ® I ; S0 , .____________.� wszian Pawl( ITORD ----------- - --_.- I 11lJ �� I EASEMENT PLAT ACCESS AND WATERMAIN EASEMENT A PORTION OF NW1/4-NE1/4 SECTION 4-T79N-R6W IOWA CITY, JOHNSON COUNTY, IOWA LEGEND AND NOTES A – CONGRESSIONAL CORNER, FOUND ® – CONGRESSIONAL CORNER, REESTABLISHED JOHNSON COUNTY, – CONGRESSIONAL CORNER, RECORDED LOCATION • – PROPERTY CORNER(S), FOUND (as noted) O – PROPERTY CORNERS SET (5/8" Iron Pin wl yellow, plastic LS Cap Da"' 02/04/17 embossed with MMS' ) ® — CUT "IL" 00519nod by, – PROPERTY &/or BOUNDARY LINES — – CONGRESSIONAL SECTION LINES --- —--- ------ RIGHT–OF–WAY LINES — – CENTER LINES c – LOT LINES, INTERNAL 1"=100' – LOT LINES, PLATTED OR BY DEED — — — — — — — — — — – EASEMENT LINES, WIDTH & PURPOSE NOTED --------------------- – EXISTING EASEMENT LINES, PURPOSE NOTED (R) – RECORDED DIMENSIONS M – MEASURED DIMENSIONS C22-1 – CURVE SEGMENT NUMBER UNLESS N07ED 07HBINISE, ALL DIMENSIONS ARE IN FEET AND HUNDREDTHS DESCRIPTION – 40.00 FOOT WIDE ACCESS AND WATERMAIN EASEMENT 0 10 25 50 75 100 GRAPHIC SCM IN FM f=11IT A PORTION OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 4, TOWNSHIP 79 NORTH, RANGE 6 WEST, OF THE FIFTH P.M., IOWA CITY, JOHNSON COUNTY, IOWA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: Commencing at the Northwest Comer of Mackinaw Village Part Four, in Iowa City, Iowa, in accordance with the Plot thereof Recorded in Plat Book 56 at Page 231 of the Records of the Johnson County Recorders Office; Thence S88'42'25"W, along the North Line of said Mackinaw Village Part Four, 221.10 feet to the Point of Beginning of a 40.00 foot wide Access and Watermain Easement; Thence N01'57'01"W, along the centerline of said 40.00 foot wide Access and Watermain Easement, 244.98 feet to the Point of Termination of said 40.00 foot wide Access and Watermain Easement. Sold Easement contains 9,799 square feet, and is subject to easements and restrictions of record. LINE 82 40.0' ACCESS POINT OF COMMENCEMENT NORTHEAST CORNER ,CKINAW VILLAGE PART FOUR JAMES E LKM 13297 SEAL I hereby certify that this land surveying document was prepared and the related survey work was performed by me or under my direct personal supervision and that I am a duly licensed Professional Land Surveyor under the laws of Ahe State of Iowa. 'S E. LICHTY� Iowa a. 13 cense renewal date Is December 31, 20 /6 . Pages or sheets covered by this seal: M M S CIVIL ENGINEERS LAND PLANNERS LAND SURVEYORS LANDSCAPE ARCHITECTS ENVIRONMENTAL SPECIALISTS 1917 S. GILBERT ST. IOWA CITY, IOWA 52240 (319) 351-8282 www.mmsconsultants.net Date Revislon EASEMENT PLAT 40.00' ACCESS AND WATERMAIN t A Por. NWI/4-NEI/4 0 Section 4-T79N-R6W n IOWA CITY, c JOHNSON COUNTY, IOWA ` MMS CONSULTANTS, INC. o Da"' 02/04/17 00519nod by, Field Book No. u KJB 1169 Dna-m by. Scale, c DAM 1"=100' ; Checked b6 Sheet No. DM Project No. 1 0 IC 4420-003 of. 1 Prepared by and return to: Thomas H. Gelman, 321 E. Market St., P.O. Box 2150, Iowa City IA 52244 (319)354-1104 DRIVEWAY ACCESS AND FIRE APPARATUS ACCESS EASEMENT AGREEMENT Over a Portion of the Northwest Quarter of the Northeast Quarter of Section 4, Township 79 North, Range 6 West, of the Fifth P.M., Iowa City, Johnson, County, Iowa THIS DRIVEWAY ACCESS AND FIRE APPARATUS ACCESS EASEMENT AGREEMENT ("Agreement") is made by and between North Dubuque, LLC, hereinafter called "Developer", which expression shall include its successors and assigns, and the City of Iowa City, Iowa, a municipal corporation hereinafter called the "City" WITNESSETH: It is hereby agreed as follows: For the sum of $1.00 plus other valuable consideration, the receipt of which is hereby acknowledged, Developer hereby grants and conveys to the City, but not the general public an easement for City service access over the area designated as "40.0' WIDE ACCESS AND WATERMAIN EASEMENT" shown on the "Easement Plat" attached hereto and incorporated herein by this reference, hereafter described as "easement area". This Driveway Access Easement is intended to provide a means of ingress, egress and passage, over a presently private drive, from the present termination point of Algonquin Road to one or more residences north thereof, for City service vehicles, employees and U -2 - agents, specifically including, but not limited to, the Iowa City Fire Department, to perform all official acts and provide City services. Said right of access includes the right of vehicular tum -around and non -emergency access and posting for the purposes of enforcing Fire Safety Standards under the Uniform Fire Code, as amended. The City shall indemnify Developer against unreasonable loss or damage that may occur in the negligent exercise of the easement rights by the City. Except as expressly provided herein or in another written agreement, the City shall have no responsibility for maintaining the easement area. Developer reserves the right to use the easement area for purposes that will not interfere with the City's full enjoyment of the rights herein granted; provided that Developer shall not erect or construct any building, fence, retaining wall (except as may be separately approved by the City) or other structure, plant any tree, drill or operate any well, or construct any reservoir or other obstruction on the easement area, or diminish or substantially add to the ground cover over the easement area. Nothing in this provision shall prevent the Developer from installing a street and related improvements within the easement area provided such installations meet specifications approved therefor by the City in accordance with applicable ordinances. Any such improvement installed within the easement area, with or without City approval, that in the City's reasonable determination interferes with the City's exercise of its easement rights hereunder may be removed by the City without compensation or replacement. Developer does hereby covenant with the City that Developer is lawfully seized and possessed of the real estate above described, and has good and lawful right to convey it, or any part thereof. Nothing in this Agreement shall be construed to impose a requirement on the City to install improvements or otherwise maintain the easement area. Nor shall Developer be deemed acting as the City's agent during the original construction and installation of and easement area improvements. The City and Developer agree that the Developer has the obligation to install, maintain, repair, and replace easement area access -related improvements, if any, in accordance with applicable laws and ordinances. This Agreement and the easement granted hereunder shall terminate upon the recording in the Records of Johnson County, Iowa of an agreement of the City and Developer to terminate the easement, or when the City may sooner accept a dedication of the easement area for public right-of-way purposes. The provisions of this Agreement shall inure to the benefit of and bind the parties hereto and their respective successors and assign, and all covenants shall apply to and run with the land and with the title to the land. [Signature Pages Follow] -3 - Dated this -Lr2- day of M qnAn 12017. DEVELOPER NORTH �DUBUQUE, LLC By: I, jk Eddie Cole, Member and President By: J r a r ell, Member nd Vice President State of Iowa, County of Johnson, ss: This instrument was acknowledged before me on 14OJwt 6 2017 by Eddie Cole, Member and President of North Dubuque, LLC. �a.4� Ml conw6i iEVM Notary Public for sai tate State of Iowa, County of Johnson, ss: fin' .! This instrument was acknowledged before me on I 1 "Ck 15 2017 by Jeffrey L. Maxwell, as Member and Vice President of North Dubuque, LLC. F149�G a 14(,p CE CA DUWA Nokary Public for said State Camnttsion 1 =W 798553 A; " is lo i'� s 19 -4 - CITY OF IOWA CITY, IOWA as A.Th o morton, Mayor /Gly Chris Guidry, City Clerk] STATE OF IOWA, COUNTY OF JOHNSON, ss: On h i a r�--h 2 , 2017, before me, the undersigned, a notary public for the State of lows, personally appeared James A. Throgmorton andel'yrwsGajct�rtl to me personally known, who, being by me duly sworn, did say that they are the Mayor and City Clerk , respectively, of the City of Iowa City, Iowa, executing the within and foregoing instrument; that the seal affixed thereto is the seal of said municipal corporation by authority of its City Council; and that the said Mayor and Deputy City Clerk acknowledged the execution of said instrument to be the voluntary act and deed of said municipal corporation, by it and by them voluntarily executed. �.kL Notary Public for the Stto of Iowa My Commission Ex ' es ¢ !KELLIE K. FRUEHLING issionNumCE221519 Is on Expires w -5 - CONSENT OF MORTGAGEE The undersigned, a mortgagee of the Real Estate in Iowa City, Iowa described on the attached Easement Plat, hereby acknowledges having fully reviewed the foregoing DRIVEWAY ACCESS AND FIRE APPARATUS ACCESS EASEMENT AGREEMENT ("Easement") and consents to the Developer's grant of such Easement as applicable to the real property covered by its mortgage lien interests, MORTGAGEE Hills Bank and Trust Company Un 0 , title , title State of Iowa, County of Johnson, ss: /cQ (ji.S(jPV�Date 'rItr6h 64A,2017 Date 3 6 2017 .5T is instrument was cknowledged before me on thek day of 0%14h _, 2017 by %� Q4'14 a w� and /C2rdsr c%nCS p as ,12/Irar t ;Zej;1 eA and do tor ✓r to 4feS( f^- ,respectively, of Hills Bank and Trust Company, %�Qel�ID�r� MOLLY E BROWN Notary Public in and for the State f Io a o � CommissionNumber738912 Q ` My Commission E�ires My Commission Expires (_101k a — 0 Doc ID: 026666670010 Type: GEN Kind:ORDINANCE Recorded: 03/24/2017 It 12:01:13 PM Fee Amt: $52.00 Pape 1 of 10 Johnson countV Iowa Kim Painter County Recorder EK5629 PG756-765 M STATE OF IOWA ) )SS JOHNSON COUNTY ) r 1 pie *- „t r L1f1+ •+edf� MY of I, Chris Guidry, City Clerk of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of Ordinance No.174698 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 21st day of March, 2017, is a true and correct copy, all as the same appears of record in my office. Dated at Iowa City, Iowa, this 22'day of f)IOJ`O L , 2017. Chris Guidry City Clerk lord 410 EAST WASHINGTON STREET • IOWA CITY, IOWA 52240-1826 a (319) 356-5000 • FAX (319) 356-5009 B 50_ Prepared by. Bob Mikto, 410 E. Washington Street, Iowa City, IA 52240; 319-358-5240 (REZI"0008) ORDINANCE NO. 17-4698 AN ORDINANCE CONDITIONALLY REZONING 10.26 ACRES OF PROPERTY LOCATED AT NORTH OF SCOTT BOULEVARD BETWEEN HICKORY HEIGHTS LANE AND FIRST AVENUE FROM INTERIM DEVELOPMENT (ID -RS) ZONE TO LOW DENSITY MULTI -FAMILY RESIDENTIAL (RM -12) ZONE. (REZ16-00008) WHEREAS, the owner, Charles Jeffery Larson, has requested a rezoning of 10.26 acres of property located north of Scott Boulevard between Hickory Heights Lane and First Avenue from Interim Development (ID -RS) Zone to Low Density Multi -Family Residential (RM -12) Zone; 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 preservation of the wooded ravines and general compliance with the submitted concept which includes a maximum of 60 dwelling units; and WHEREAS, Iowa Code §414.5 (2015) provides that the City of Iowa City may Impose reasonable conditions on granting a rezoning request, over and above existing regulations, in order to satisfy public needs 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 Planned Development Overlay (OPD -5) to Low Density Multi -Family Residential (RM -12): Amended Auditor's Parcel 2005108 (Plat of Survey recorded In Plat Book 52, Page 144 at the Johnson County Recorder's Office), except that portion lying In the Southeast Quarter of the Northeast Quarter of Section 2, Township 79 North, Range 6 West of the bs' P.M., Iowa City, Johnson County, Iowa. Total area: 10.281 acres more or less. SECTION If. 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 bylaw. 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. 11 Ordinance No. 17-4698 Page 2 SECTION IV, CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance, the City Clerk is hereby authorized and directed to certify a copy of this ordinance, and record the same in the Office of the County Recorder, Johnson County, Iowa, at the Owner's expense, upon the final passage, approval and publication of this ordinance, as provided bylaw. SECTION V. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. 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 21 day of March 2017 251-11-Z74s� M/(YOR ATTEST: di!Y.CLERK Appr ved by 7 w M- -City Attorneys Office 3/3 Ordinance No. 17-4698 Page 3 It was moved by Mims and seconded by Botchway that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: ABSTAIN: x Botchway x Cole x Dickens x Mims x Taylor x Thomas x Throgmorton First Consideration 03/07/2017 Vote for passage: AYES: Cole, Dickens, Mims, Taylor, Thomas, Throgmorton, Botchway. NAYS: None. ABSENT: None. Second Consideration _ Vote for passage: Date published 03/30/2017 t1oved by Mims, seconded by Botchway, 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: Cole, Dickens, Mims, Taylor, Thomas, Throgmorton, Botchway. NAYS: None. ABSENT: None. Prepared by: Marti Wolf, Planning Intern, 410 E. Washington, Iowa City, IA 52240 (319) 356-5240 (REZ16-00008) CONDITIONAL ZONING AGREEMENT THIS AGREEMENT is made between the City of Iowa City, Iowa, a municipal corporation (hereinafter "City'), and Charles Jeffrey Larson (hereinafter "Owner"). WHEREAS, Owner is the legal title holder of approximately 10.26 acres of property located north of Scoff Boulevard, between Hickory Heights Lane and First Avenue; and WHEREAS, the Owner has requested the rezoning of said property from Interim Development (ID -RS) to Low Density Multifamily Residential (RM -12); and WHEREAS, development of this property is constrained by wooded ravines, regulated slopes, and the necessary on-site stormwater detention management obligations, limiting the achievable density and developable lot area; WHEREAS, the Planning and Zoning Commission has determined that, With appropriate conditions regarding building and site design to minimize impact on the wooded ravines located on the property the requested zoning is consistent with the Comprehensive Pian; and WHEREAS, Iowa Code §414.5 (2017) provides that the City of Iowa City may impose reasonable conditions on granting a rezoning request, over and above existing regulations, in order to satisfy public needs 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 public need to minimize disturbance of the wooded ravines present on the property; 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. Charles Jeffrey Larson Is the legal title holder of the property legally described as: Amended Auditor's Parcel 2005108 (Plat of Survey recorded in Plat Book 52, Page 144 at the Johnson County Recorder's Office), except that portion lying In the Southeast Quarter of the Northeast Quarter of Section 2, Township 79 North, Range 6 West of the 5s' P.M., Iowa City, Johnson County, Iowa. Total area: 10.281 acres more or less. 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 (2017) provides that the City of Iowa City may impose reasonable conditions on granting a 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 ppdedMegV= haNck -I chapter, as well as be in general compliance with the submitted concept plan for a maximum of 60 dwelling units, which has been designed to minimize disturbance of the wooded ravines present on the property. The concept plan is attached here to and by reference made part of this agreement. 4. The Owner and City acknowledge that the conditions contained herein are reasonable conditions to impose on the land under Iowa Code §414.5 (2017), 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 panties. 7. The Owner acknowledges that nothing in this Conditional Zoning Agreement shall be construed to relieve the Owner from complying with all other applicable local, state, and federal regulations. 8. The parties agree that this Conditional Zoning Agreement shall be incorporated by reference into the ordinance rezoning the subject property, and that upon adoption and publication of the ordinance, this agreement shall be recorded in the Johnson County Recorder's Office at the Applicant's expense. Dated this I o'� day of Adi rd^ CITY OF IOWA CITY '4 'Throgmorton, Mayor 20 17 CHARLES JEFFREY LARSON MUNRO,"* IA.te.;.�.����� (ORMT1 91 City Clerk By: Approved by: City Attorney's Office CITY OF IOWA CITY ACKNOWLEDGEMENT: vpdadWW=eemcx 2 STATE OF IOWA ) ) ss: JOHNSON COUNTY ) This instrument was acknowledged before me on ftl� 216+ , pp 17 _ by Jim Throgmorton and G1ris(,,lTas Mayor and Crtcc�k. , respectively, of the City of Iowa City. JJ Rlde""tkxe n..a 3 )< lYf/ IO i/ Notari Public in and f he State of low (Stamp or Seal) Title (and Rank) KELLIE K. FRIJEHUNO CHARLES c ' JEFFREY LARSON ACKNOWLEDGMENT: w"'tny", It E221019 MY State of �Tsly& County Of This record was acknowledged before me on (Date) byC%i+4eg Jaq•1aLy ayso ` (Name(s) of iOividual(s) as SG f (type of authority, such as officer or trustee) of (name of party on behalf of whom record was executed). ' Notary Public in and for the State of Iowa F' ',�StamporSeal) Note,;• �.r.--r , I" Title (and Rank) Comm` ' - IT 4373 :My commission expires: t2 z d/ ulOn F.,M1i! M1 ! 1 / 1� Rlde""tkxe n..a 3 - Pave Dy Rim _ l.Y,Amwtl PHRM. SWORSEM 61,a,.,, � PRAR9ESBDMIX 4 MAWDROPSEM ARUMNMMAGRASS f rMRMb A[M P SWIICJIGRASS WAvy So,lpnn Pyb S.Nrp My wRN Per�oia r�.awllu„m R611d1 SaNQAr�wM 0.rgol. NaWnNaIPISAI�1 N.hral P.N U�P1�ed AkMs Ana 5,.ee N,q CARSON FARM DEVELOPMENT SITE CONCEPT PLAN WIIM M7 SHIVEHA77C--RY .11.11, 1,�n.--u...1 view from Scott Boulevard Kevin Hanick - Scott Boulevard development concept 2201 N Dubuque Rd, Iowa City, Iowa February 2, 2017 Now AHIVEHA'I TLERY aerial view from north Kevin Hanick - Scott Boulevard development concept 2201 N Dubuque Rd, Iowa City, Iowa February 2, 2017 SH WEHATTEFFZY Fee- Doc ee Doc ID: 026703090003 Type: GEN Kind: DECISION Recorded: 05/05/2017 at 11:02:13 AM Prepared by Sarah Walz, Associate Planner, 410 E. Washington, Iowa City, IA 52240; 3191356-5230 Fee Amt: $17.00 Pape 1 of 3 Johnson County Iowa Kim Painter County Recorder DECISION BK 5644 PG950-952 IOWA CITY BOARD OF ADJUSTMENT WEDNESDAY, APRIL 12, 2017 EMMA J. HARVAT HALL MEMBERS PRESENT: Becky Soglin, T. Gene Chrischilles, Tim Weitzel, Connie Goeb MEMBERS ABSENT: Bryce Parker STAFF PRESENT: Sue Dulek, Sarah Walz OTHERS PRESENT: Doug Botorff, Jason Dumont, Dana Christiansen SPECIAL EXCEPTION ITEMS: EXC17-00002: Discussion of an application submitted by Regina Catholic Education Center for a special exception to allow an expansion of a General Educational Use in the Low Density Single -Family (RS -5) zone at 2150 Rochester Avenue. The Board finds that the nearest property lines are located 57 feet to the south and 66 feet to the east of the building footprint and the proposed facility is located behind the main school building, more than 300 feet from Rochester Avenue. Setbacks from the abutting residentially zoned property are in excess of the 20 -foot side setback requirement. The Board concludes that the proposed use will be designed to be compatible with adjacent uses based on the following findings: • Surrounding tree coverage will minimize views from nearby roadways and adjacent residential properties. • A line of existing trees on a neighboring property will reduce views from the southeast, where residential structures are set at a similar elevation. • Additional evergreen trees along the southeast corner of the building and canopy trees planted along the north side of building will soften views of the large building and any exterior lighting from neighboring residential properties. • Limiting exterior lighting on the north side of the building to only downcast lighting for egress will minimize light escape along the tallest side of the building. The Board finds that the proposed use is accessory to the school facility and will not generate additional traffic to the site; therefore no additional parking is required or proposed as part of this application. The Board concludes that the proposed use will not have significant adverse effects on the livability of nearby residential uses due to noise, glare from lights, late night operations, odors, and litter based on the following findings: the distance of the building from adjacent properties along with the existing tree line and additional screening recommended by the Board will help to soften views of a large building and any exterior lighting. L11 activas will occur indoors; any noise from its use would be quite limited. CJ C.) 'c s —i C7r- -<Fn_ a c7 _-X rnc Cfi J 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 following findings: • The proposed facility exceeds the minimum setback requirements from adjacent residential property and is set back more than 140 feet from the nearest residential structure. • The building and the uses housed within it will not increase traffic to the site. • The use and structure are similar to others located on public high school campuses throughout the 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 and based on the following findings: • All activities will take place inside the building. • Additional landscape screening and limits on exterior lighting on the north face of the building will reduce any potential negative impacts of the use. The Board concludes that all necessary access roads, drainage and/or necessary facilities will be provided and adequate measures will be taken to provide ingress or egress designed so as to minimize traffic congestion on public streets based on the applicant's plans to establish a secondary access drive to its site. The secondary drive will help distribute the traffic demand, reducing vehicle congestion at the First Avenue/Rochester Avenue intersection. Staff is working with Regina to address drainage issue in other areas of the site: The Board concludes that the proposed use will be consistent with the Comprehensive Plan, as amended based on the following findings: • The Comprehensive Plan encourages educational facilities in residential zones so long as they are compatible with the surrounding residential neighborhoods. • The Central District Plan designates the subject property as an institutional use due to Regina's long history at this location. • The Regina campus contributes to the livability and walkability of the Central and Northeast Planning Districts and expands educational options that exist in Iowa City. • Regina's continued operation within the centrally located neighborhood and its ability to provide complementary facilities, including athletic facilities, comparable to what is provided at other area public schools is appropriate. DISPOSTION: By a vote of 4-0 (Parker absent) the Board approves the special exception to allow an expansion of a general educational facility to construct a two-story athletic training facility subject to the following conditions: • Substantial compliance with the site plans and elevations submitted wS the application. • Design Review approval • Additional landscaping (tall evergreen trees) at the southeast LbrPier !f ther' building and (tall canopy trees) at the northeast corner of the bdnd ng to be approved by planning staff. _ ,n m • To reduce light escape toward the adjacent residential property, liolig then north side of the building should be limited to the area around theErear ess door and should be the downcast and shielded so as not to exceed the minimum code standards. I 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. Approved by: Becky Soglin, Ch ' erson s - y -I�- City Attorney's Office STATE OF IOWA JOHNSON COUNTY I, Julie Voparil, Deputy 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 12th day of April, 2017, as the same appears of record in my Office. Dated at Iowa City, this y day of , 201-2 CtiyAyy Ju i� Deputy, Cii�Clejk)' N N O cn N 1 -LU Doe ID: 026703210006 Type: GEN Kind: RESOLUTION Recorded: 05/05/2017 at 11:13:37 AM Fee Amt: $32.00 Pape 1 of 6 Johnson County Iowa Kim Painter County Recorder BK5645 PG44-49 STATE OF IOWA ) ) SS JOHNSON COUNTY ) I, Julie Voparil, Deputy City Clerk of Iowa City, Iowa, do hereby certify that the Resolution attached hereto is a true and correct copy of Resolution No. 17-157 which was passed by the City Council of Iowa City, Iowa, at a special meeting held on the 2nd day of May, 2017, all as the same appears of record in my office. Dated at Iowa City, Iowa, this 4th day of May, 2017. Julie VopalilJ Deputy City Clerk fires 410 EAST WASHINGTON STREET • IOWA CITY, IOWA 52240-1826 • (319) 356-5000 • FAX (319) 356-5009 0 MIA Prepared by: Eleanor Dilkes, City Attorney, 410 E Washington St Iowa City IA 52240 356-5030 RESOLUTION NO. 17-157 RESOLUTION APPROVING A DEVELOPMENT AGREEMENT, INCLUDING THE TRANSFER OF LAND, BY AND BETWEEN THE CITY OF IOWA CITY, IOWA AND AUGUSTA PLACE LLC WHEREAS, on October 2, 1969, the Iowa City City Council adopted Resolution No. 2157 approving the City -University Project I Urban Renewal Plan (Project No. IA R-14), which plan has been modified and amended from time to time (said plan, as amended, is hereinafter referred to as the "Plan") for the City -University Urban Renewal Area (the "Urban Renewal Area" or "Area") described therein, which is on file in the office of the Recorder of Johnson County; and, WHEREAS, among the Plan objectives for the Area are objectives to preserve and protect buildings that, for reason of age, history, architecture or significance are listed or are eligible for listing on the National Register of Historic Places, to strengthen the economic well- being of the area and to provide residential development for low and moderate income families; and, WHEREAS, the City Council has adopted certain Economic Development Policies intended to a) attract new residential and commercial development, b) retain the City's existing businesses, and c) encourage business expansion, in order to a) increase economic activity, b) create jobs; c) lower unemployment, d) increase wages; e) increase property values, f) increase tax revenues, g) increase ownership and entrepreneurial opportunities, h) revitalize underutilized or blighted areas; and i) expand affordable housing; and WHEREAS, the City received a proposal from Augusta Place, LLC (the "Developer"), in the form of a proposed Development Agreement (the "Agreement") by and between the City and the Developer, pursuant to which the property on the north half of the block bordered by Gilbert Street, Iowa Avenue and Van Buren Street, a portion of which is owned by the City and currently used as surface parking lot will be developed with the Development to include, among other things, the Developer's investment of $35,163,653 in development costs to construct certain Minimum Improvements, as defined in the Agreement, on certain real property located within the City -University Urban Renewal Area, as legally described in the.Agreement("the Project"); and, WHEREAS, said Project includes the acquisition, restoration and reuse of the historic Unitarian Church for a commercial enterprise and designation as a historic landmark, residential development which includes housing for low and moderate income families and replacement parking sufficient for the City's public safety vehicles. '1I WHEREAS, pursuant to said Economic Development Policies, the City's consultant made a financial analysis of the proposed Development Agreement, which analysis included an examination of all financing sources for the project, the project costs, with scrutiny of the Developer's return based largely on Developer equity and the maximization of project debt; and WHEREAS, the Developer equity in the project, not including debt, is equal to or greater than the public financing requested; and WHEREAS, in exchange for construction of the Minimum Improvements and the creation of a $14,384,905 minimum assessment value on the project once complete, the City proposes to convey land to the Developer at the appraised value of $3,330,000, and to make certain contributions to the project, including economic development grants in the form of TIF rebates of 100% of the TIF revenue over a maximum 9 years in the maximum amount of $4,020,292 for the commercial and on-site affordable housing components of the project, a forgivable loan in the amount of $650,831, purchase of the improved surface parking lot for $602,843, and purchase of six 1 bedroom apartments with Housing Authority funds for use as affordable housing at a total price of $1,080,000; and, WHEREAS, the Project will generate, when complete, an actual minimum taxable value of $14,384,905 of new tax base upon which taxes will be paid to the taxing bodies pursuant to the protected school debt service levy, school physical plant and equipment levy, county debt service levy, city debt service levy, community college debt service levy, and school instructional support levy; and, WHEREAS, the Agreement provides for the execution by Developer of a minimum assessment agreement with the City and the minimum actual value therein of $14,384,905 provides sufficient taxable valuations to permit the collection of incremental taxes to cause the indebtedness and other costs incurred by the City with respect to the property being conveyed by the City to Developer to be repayable as to principal within four tax years following the commencement of full operation of the development; and, WHEREAS, the City believes that the Project pursuant to this Agreement aligns with the goals of the City's Comprehensive Plan, including the Downtown and Riverfront Crossings sub district plan which includes the Development property, as the Project provides for preservation of a historic building for commercial use, represents strategic infill development on an under- utilized surface parking lot, is pedestrian oriented by adding to the number of residences in the downtown within walking distance of grocery stores, services, restaurants and retail, brings the active part of the building close to the property line with parking hidden behind and provides 6 units of on-site affordable housing as well as a commitment by the Developer to provide additional off site affordable housing and replace the City owned parking necessary for the public safety departments housed at City Hall; and, WHEREAS, the Economic Development Grants to be provided by City to Developer under this Agreement are for the purpose of acquiring, maintaining and rehabilitating the historic Unitarian Church as a commercial enterprise and the development of housing for low and moderate income families; and, 2 WHEREAS, Iowa Code Chapters 15A and 403 (the "Urban Renewal Law") authorize cities to make grants for economic development in furtherance of the objectives of an urban renewal project and to appropriate such funds and make such expenditures as may be necessary to carry out the purposes of said Chapter, and to levy taxes and assessments for such purposes; and, WHEREAS, City Staff has reviewed the application and proposed Developer's Agreement and recommends approval to the City Council; and WHEREAS, on April 18, 2017, this Council did approve a resolution of intent to consider a proposed development agreement with Augusta Place, LLC, which includes the transfer of land described therein, and setting a public hearing and providing for the publication of notice thereof; and WHEREAS, notice of the public hearing thereon was published on April 24, 2017, in the Iowa City Press -Citizen, and public hearing was held on May 2, 2017 in accordance with said notice and in satisfaction of Section 364.6 of the City Code of Iowa; and WHEREAS, the Council has determined that the Agreement is in the best interests of the City and the residents thereof and that the performance by the City of its obligations to provide economic development grants thereunder is a public undertaking and purpose and in furtherance of the Plan and the Urban Renewal Law and, further, that the Agreement and the City's performance thereunder is in furtherance of appropriate economic development activities and objectives of the City within the meaning of Chapters 15A and 403 of the Iowa Code, taking into account the factors set forth therein. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY IOWA THAT: 1. The Development Agreement by and between the City of Iowa City Iowa and Augusta Place, LLC, which includes the conveyance of City owned property legally described as follows: BEGINNING AT THE NORTHEAST CORNER OF LOT 1, BLOCK 44, ORIGINAL TOWN OF IOWA CITY, IOWA, ACCORDING TO THE PLAT RECORDED IN PLAT BOOK 1, PAGE 116 IN THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE; THENCE S00045'22"E, ALONG THE EAST LINE OF SAID LOT 1, AND ITS SOUTHERLY EXTENSION, 160.46 FEET TO THE CENTERLINE OF THE PLATTED ALLEY; THENCE S89°19'44"W, ALONG SAID CENTERLINE, 319.30 FEET TO A POINT ON THE WEST LINE OF SAID BLOCK 44; THENCE N00046'57"W, ALONG SAID WEST LINE, 50.58 FEET TO THE SOUTHWEST CORNER OF THE NORTH 110 FEET OF LOT 4, SAID BLOCK 44; THENCE N89°21'01"E, ALONG THE SOUTH LINE OF SAID NORTH 110 FEET OF LOT 4, A DISTANCE OF 79.84 FEET TO THE SOUTHEAST CORNER OF SAID NORTH 110 FEET OF LOT 4; THENCE N00°46'56"W, ALONG THE EAST LINE OF SAID LOT 4, A DISTANCE OF 110.00 FEET; THENCE N89°21'01"E, ALONG THE NORTH LINE OF LOTS 3, 2 AND I, A DISTANCE OF 239.53 FEET TO THE POINT OF BEGINNING, 3 0 CONTAINING 0.98 ACRE (42,477 SQUARE FEET) AND IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. (Said property is sometimes legally described as follows: Lots 1-3, the south 40 feet of Lot 4, and the north 10' of the alley adjacent thereto, Block 44, Original Town of Iowa City, Iowa, according to the plat thereof); is in the public interest of the residents of Iowa City and a public purpose will be accomplished by the City's economic development grants to the Project. 2. Said Agreement is consistent with and authorized by the Urban Renewal Plan, all applicable State and federal laws including, but not limited to, Iowa Code Chapters 15A and 403 and the City's policies and practices,; and 3. The Mayor is authorized and directed to execute the Agreement and the City Clerk is authorized and directed to attest the signature and to affix the seal of the City Clerk. 4. The Mayor and City Clerk be and they are hereby authorized and directed to take all such actions and do all such things as they shall determine to be necessary or appropriate to ensure the City's performance as provided therein, including the execution of any documents necessary to effectuate the transfer of land or easement rights to the Developer in accordance with the terms of the Agreement for Private Redevelopment and in a form approved by the City Attorney. 5. The City Clerk is directed to certify and record the resolution at the Developer's expense. 6. The City Manager is hereby authorized to administer the terms of the Agreement for Private Redevelopment. Passed and approved this 2nd day of May 2017 I/ /111A TKAYOR �r- y roved b ATTEST: ' ` V ; 4-7-7-17 CITS , ERK City Attorney's Office °°c cccN�• RP�ka I SE q Resolution No. 17-157 Page 5 It was moved by Botchway and seconded by Resolution be adopted, and upon roll call there were: AYES: NAYS x _x x x x x ABSENT: x ABSTAIN: Thomas Botchway Cole Dickens Mims Taylor Thomas Throgmorton the 11 GLU IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Doc ID: 026703220008 Type: GEN Kind: RESOLUTION Recorded: 05/05/2017 at 11:16:57 AM Fee Amt: $42.00 Pape 1 of 8 Johnson County Iowa Kim Painter County Recorder EK5645 PG50-57 STATE OF IOWA ) ) SS JOHNSON COUNTY ) I, Julie Voparil, Deputy City Clerk of Iowa City, Iowa, do hereby certify that the Resolution attached hereto is a true and correct copy of Resolution No.17-156 which was passed by the City Council of Iowa City, Iowa, at a special meeting held on the 2nd day of May, 2017, all as the same appears of record in my office. Dated at Iowa City, Iowa, this 4th day of May, 2017. Julie V p ril G�w S F f Deputy City Clerk fires .CORPORATE S 410 EAST WASHINGTON STREET • IOWA CITY, IOWA 52240-1826 • (319) 356-5000 • FAX (319) 356-5009 10 Prepared by: Wendy Ford, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5248 Z1 RESOLUTION NO. 17-156 RESOLUTION APPROVING AMENDMENT NO. 15 TO THE CITY -UNIVERSITY PROJECT 1 URBAN RENEWAL PLAN TO ADD PROJECTS TO THE URBAN RENEWAL AREA. WHEREAS, on April 4, 2017, City Council adopted a resolution of necessity (Res. No. 17-109) contemplating an amendment to the City -University Project 1 Urban Renewal Plan to facilitate consideration of future urban renewal projects, said amendment being the 15`h amendment thereto, and WHEREAS, pursuant to Res. No. 17-109, consultation with affected taxing entities was duly held and all required responses to the recommendations made by the affected taxing entities, have been timely made as set forth in the report of the Economic Development Coordinator filed herewith and incorporated herein by the reference, which report is in all respects approved; and WHEREAS, pursuant to said Res. No. 17-109, a public hearing was held after due and proper notice of said public hearing was given, as provided by law, by timely publication in the Iowa City Press Citizen. NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF IOWA CITY. IOWA: Section 1. This Council finds that Amendment No. 15 to the City -University Project 1 Urban Renewal Plan conforms to the general plan for the development of the City as a whole; will not result in the displacement of families; and, does not contain open land to be acquired by the City; and, Section 2. That Amendment No. 15 is hereby approved and adopted as the "Amendment No. 15 to the City -University Project 1 Urban Renewal Plan for the City - University Project 1 Urban Renewal Area"; and the City Clerk is hereby directed to file a certified copy of said Amendment No. 15 with the proceedings of this meeting. Section 3. That the City -University Project 1 Urban Renewal Plan for the City - University Project 1 Urban Renewal Area, as amended herein, shall be in full force and effect from the date of this resolution until the later of the date of termination set forth in the Plan, as amended, or the date on which payment of all obligations issued or advances made to carry out the purposes thereof shall be fully provided for. Said Amendment No. 15 shall be forthwith certified by the City Clerk, along with a copy of this Resolution, to the Recorder for Johnson County, Iowa, to be filed and recorded in the manner provided by law. PASSED AND APPROVED this 2nd day of May 2017. yor ,r Z ved 2. y-2� -i7 City Attorney's Office 10 Resolution No. 17-156 Page 2 It was moved by _ Botchway and seconded by Mims the Resolution be adopted, and upon roll call there were. AYES: NAYS x x x x x x ABSENT: V4 ABSTAIN: Botchway Cole Dickens Mims Taylor Thomas Throgmorton 10 Amendment No. 15 City -University Project 1 Urban Renewal Plan City of Iowa City, IA Original Area Adopted 1969 Amendment No. 1 -1972 Amendment No. 2 -1973 Amendment No. 3 -1973 Amendment No. 4 -1976 Amendment No. 5 -1977 Amendment No. 6 -1979 Amendment No. 7 -1984 Amendment No. 8 -1987 Amendment No. 9 - 2001 Amendment No. 10 - 2012 Amendment No. 11 - 2013 Amendment No. 12 - 2014 Amendment No. 13 - 2015 Amendment No. 14 - 2016 u Table of Contents Section 1 — Introduction Section 2 — Urban Renewal Plan Objectives Section 3 - Proposed Urban Renewal Projects Section 4 — Proposed Urban Renewal Activities Section 5 - Debt Section 6 — Urban Renewal Plan Amendments Section 7 - Effective Period Section 8 - Repealer Section 9 - Severability Clause -2- 8 SECTION 1- INTRODUCTION The City -University Project 1 Urban Renewal Plan ("Plan") for the City -University Project 1 Urban Renewal Area ("Area" or "Urban Renewal Area"), adopted in 1969 and amended fourteen times since, is being further amended with this Amendment #15 to add projects to the Urban Renewal Area. No land is being added to the Area by this amendment. The amendment does not change the Plan's previously approved project area objectives or urban renewal activities. Except as modified by this Amendment, the provisions of the original City - University Project 1 Urban Renewal Plan, as previously amended, are hereby ratified, confirmed, and approved and shall remain in full force and effect., In case of any conflict or uncertainty, the terms of the Amendment shall control. SECTION 2 — URBAN RENEWAL PLAN OBJECTIVES In addition to the objectives listed following objective is added: Promotion moderate income families. in the plan, as previously amended, the of residential development for low and SECTION 3 - PROPOSED URBAN RENEWAL PROJECTS Although certain project activities may occur over a period of years, in addition to the projects previously proposed in the Plan, as amended, the following proposed urban renewal projects are hereby added to the Plan: 1. Public Improvements Project Approximate Estimated Cost Rationale Date Kirkwood Avenue to Capitol 2021 $3,000,000 Supports transportation Street Connection network that encourages walking, biking, and public transit, provides opportunity to develop parkland, trail and green space along River. Gilbert Street Intersection 2017-2018 $925,000 Supports more livable Improvements community with integration of safe, reliable transportation network Pedestrian Mall 2018-2019 $7,800,000 Provides for opens spaces reconstruction and pedestrian ways that reinforce pedestrian orientation of downtown. Strengthens the core area for commerce, culture, -3- I education, entertainment, etc. 2. Planning, engineering fees, costs and attorney fees to support urban renewal plan -related projects Project Date Estimated Attorney fees to support Ongoing Cost urban renewal projects To preserve and protect buildings that, $100,000 3. Development Agreements Project Date Estimated cost Rationale Redevelopment of 2017 $6,000,000 To preserve and protect buildings that, City Hall parking lot, for reason of age, history, architecture or to include significance are listed or are eligible for restoration and listing on the National Register of reuse of historic Historic Places, strengthen the economic church for a well-being of the area and provide commercial residential development for low and enterprise, and moderate income families residential development for low and moderate income families. Redevelopment 2017-2019 $9,000,000 Remediate blight; strengthen core area project at the corner for commerce, culture, entertainment. of Burlington and Clinton Streets Englert/Film Scene 2018-2020 $1,000,000 Strengthens the core area for Building commerce, culture, education, Renovations entertainment, etc. To preserve and protect buildings that, for reason of age, history, architecture or significance are listed or are eligible for listing on the National Register of Historic Places. Workforce Housing 2018-2020 $312,000 To create residential living spaces young Tax Credit matching professionals and members of the source for project at creative class by offering a variety of 1201 S. Gilbert St. housing options. SECTION 4 — PROPOSED URBAN RENEWAL ACTIVITIES All activities or actions from previous Plan amendments continue, as detailed in previous Plan amendments. SECTION 5 - DEBT 1. 1 FY 2017 constitutional debt limit: 1 $267,511,393 �0 2. Outstanding general obligation debt: $52,295,000 3. Proposed amount of loans, advances, indebtedness or bonds to be incurred: The specific amount of debt to be incurred for the Proposed Urban Renewal Projects has not yet been determined. The Projects authorized in this Amendment are only proposed projects at this time. The City Council will consider each proposed project on a case-by- case basis to determine if it is consistent with the Plan and in the public's best interest. These proposed Projects, if approved, will commence and be concluded over a number of years. In no event will debt be incurred that would exceed the City's debt capacity. It is expected that such indebtedness, including interest thereon, may be financed in whole or in part with tax increment revenues from the Urban Renewal Area. Subject to the foregoing, it is estimated that the cost of the Proposed Urban Renewal Projects described Not to exceed: above will be approximately as follows: $28,037,000 SECTION 6 — URBAN RENEWAL PLAN AMENDMENTS If the City of Iowa City desires to amend this Plan, it may do so in conformance with applicable state and local laws. SECTION 7 - EFFECTIVE PERIOD This Urban Renewal Plan Amendment #15 will become effective upon its adoption by the City Council. Notwithstanding anything to the contrary in the Urban Renewal Plan, any prior amendment, resolution, or document, the Urban Renewal Plan shall remain in effect until terminated by the City Council, and the use of incremental property tax revenues, or the "division of revenue," as those words are used in Chapter 403 of the Code of Iowa, will be consistent with Chapter 403 of the Iowa Code. SECTION 8 - REPEALER Any parts of the previous Plan, as previously amended, in conflict with this Amendment are hereby repealed. SECTION 9 - SEVERABILITY CLAUSE If any part of the Amendment is determined to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity of the previously adopted Plan as a whole or the previous amendments to the Plan, or any part of the Plan not determined to be invalid or unconstitutional. -5- l0 Doc ID: 026716420004 Type: GEN Kind: ORDINANCE Recorded: 05/19/2017 at 10:37:14 AM Fee Amt: $22.00 Pape 1 of 4 Johnson County Iowa Kim Painter County Recorder BK5650 PG756-759 C i�' STATE OF IOWA ) ) SS JOHNSON COUNTY ) I, Julie K. Voparil, Deputy City Clerk of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 17-4704, which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 16th day of May, 2017, all as the same appears of record in my office. Dated at Iowa City, Iowa, this 18'" day of May, 2017. I Julie-K--Ikparil Deputy City Clerk I U ; \res Ik 6o C Prepared by: Bob Miklo, Senior Planner, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5240 (REZ16-00008) ORDINANCE NO. 17-4704 AN ORDINANCE REZONING 12.28 ACRES OF PROPERTY FROM LOW DENSITY SINGLE FAMILY RESIDENTIAL (RS -5) AND LOW DENSITY MULTIFAMILY RESIDENTIAL (RM -12) TO PLANNED DEVELOPMENT OVERLAY/LOW DENSITY SINGLE FAMILY RESIDENTIAL (OPD -5) ZONE AND PLANNED DEVELOPMENT OVERLAY/LOW DENSITY MULTIFAMILY RESIDENTIAL (OPD/RM-12) ZONE AND APPROVING A PRELIMINARY SENSITIVE AREAS DEVELOPMENT PLAN FOR THE LARSON SUBDIVISION, A 2 -LOT, RESIDENTIAL SUBDIVISION LOCATED NORTH OF SCOTT BOULEVARD BETWEEN HICKORY HEIGHTS LANE AND FIRST AVENUE. (REZ16-00008/SUB16-00012) WHEREAS, the applicant, Kevin Hanick, has requested a rezoning of 12.28 acres of property located north of Scott Boulevard between Hickory Heights Lane and First Avenue from Low Density Single Family Residential (RS -5) (2 acres) and Low Density Multi -Family Residential (RM -12) (10.28 acres) to Planned Development Overlay/Low Density Single Family Residential (OPD/RS-5) and Planned Development Overlay/Low Multifamily (OPD/RM-12) zone; and WHEREAS, the property contains regulated slopes and woodlands; and WHEREAS, the Sensitive Areas Development Plan will allow one single family lot and two multifamily buildings to be clustered on a portion of the property, while reserving a portion of the land for preservation of regulated slopes and woodlands; and WHEREAS, the applicant has. requested a reduction of a protected slope buffer to allow the installation of stormwater management facilities; and WHEREAS, stormwater detention facilities are permitted within buffer areas if they are designed and constructed to minimize their impact upon the protected sensitive areas and designed to include measures to protect against erosion, pollution and habitat disturbance, and result in minimal amounts of excavation and filling, and WHEREAS, the Planning and Zoning Commission has reviewed the proposed rezoning, Sensitive Areas Development Plan, and requested protected slope buffer reduction and determined that they comply with the Comprehensive Plan; and NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, R71"T SECTION I APPROVAL. Property described below is hereby classified OPD/RM-12: Amended Auditor's Parcel 2005108 (Plat of Survey recorded in Plat Book 52, Page 144 at the Johnson County Recorder's Office), except that portion lying in the Southeast Quarter of the Northeast Quarter of Section 2, Township 79 North, Range 6 West of the 5th P.M., Iowa City, Johnson County, Iowa. Total area: 10.281 acres more or less. SECTION II APPROVAL. The property described below is hereby classed OPD -5: Amended Auditor's Parcel 2005108 (Plat of Survey recorded in Plat Book 52, Page 144 at the Johnson County Recorder's Office), except that portion lying in the Northeast Quarter of the Southeast 'Ordinance No. 17-4704 Page 2 Quarter of Section 2, Township 79 North, Range 6 West of the 5th P.M., Iowa City, Johnson County, Iowa. Total area: 2.00 acres more or less. SECTION III. ZONING MAP. The Building Inspector is hereby authorized and directed to change the zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval and publication of this ordinance by law. SECTION IV. CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance, the City Clerk is hereby authorized and directed to certify a copy of this ordinance and to record the same, at the office of the County Recorder of Johnson County, Iowa, at the owner's expense, all as provided by law. SECTION V. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION VI. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION VII. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this 16th day of May 2017. MAYOR 7 Approved by: ATTEST: VRtR ✓dna �° CI : LERK City Attorney's Office CORPORATE SEA[ Ordinance No. 17-4704 Page 3 It was moved by Mims and seconded by Dickens that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: ABSTAIN: Botchway Cole Dickens Mims Taylor Thomas Throgmorton First Consideration 05/02/2017 Voteforpassage: AYES: Mims, Taylor, Thomas, Throgmorton, Botchway, Cole. NAYS: None. ABSENT: Dickens. Second Consideration _ Vote for passage: Date published 05/25/2017 Moved by Mims, seconded by Dickens, that the rule requiring ordinances to be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the second consideration and vote be waived and the ordinance be voted upon for final passage at this time. AYES: Mims, Taylor, Thomas, Throgmorton, Cole, Dickens. NAYS: None. ABSENT: Botchway. Jl iii►�►►ii�►i►iii►►ii►►�►i►uiiii►►►i►i►i►►��►►►►►iiiii►►ii�►►�i►►i►ii►i�i►�i Doc ID: 026716430008 Type: GEN Kind: ORDINANCE Recorded: 05/19/2017 at 10:41:24 AM Fee Amt: $42.00 Pape 1 of 8 Johnson County Iowa Kim Painter County Recorder BK5650 PG760-767 STATE OF IOWA ) )SS JOHNSON COUNTY ) f City of 04 I, Julie K. Voparil, Deputy City Clerk of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 17-4706, which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 16th day of May, 2017, all as the same appears of record in my office. Dated at Iowa City, Iowa, this 18th day of May, 2017. v K. oparil Deputyl9ty Clerk \res CORPORATE SEA[ 1� (P C Prepared by: Marti Wolf, Planning Intern, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5240 (REZ17-00003) ORDINANCE NO. 17-4706 AN ORDINANCE CONDITIONALLY REZONING APPROXIMATLEY .705 ACRES OF PROPERTY LOCATED AT 619 AND 627 ORCHARD COURT FROM PLANNED DEVELOPMENT OVERLAY — LOW DENSITY SINGLE FAMILY (OPD -5) ZONE TO RIVERFRONT CROSSINGS - ORCHARD (RFC -O) ZONE (REZ17-00003) WHEREAS, the applicant, M & W Properties, has requested a rezoning of property locally known as 619 and 627 Orchard Court from Planned Development Overlay Low Density Single Family (OPD -5) zone to Riverfront Crossings — Orchard (RFC -O) zone; and WHEREAS, the subject properties are located in the Orchard Subdistrict of Riverfront Crossings; and WHEREAS, the Downtown and Riverfront Crossings Master Plan, an integral part of the Comprehensive Plan, indicates that the Orchard Subdistrict should create a transition from the larger scale mixed use and commercial buildings along Riverside Drive to the lower scale single family neighborhood to the west and encourage redevelopment that will create a better pedestrian environment along streets, and improve the quality of housing in the area to serve the needs of the community; and WHEREAS, the form -based zoning standards that apply in the Orchard Subdistrict encourage development that is of a scale and design to provide the desired transition described in the Riverfront Crossings Master Plan and will improve the quality of the neighborhood by reserving frontage areas along streets for pedestrians and restricting parking and vehicular access to areas behind buildings; and WHEREAS, the existing Orchard Court has a substandard right-of-way width that does not provide adequate space for a sidewalk and parkway buffer with street trees to meet requirements in the Riverfront Crossings form -based zoning code; and WHEREAS, the requested rezoning will result in a significant increase in the residential population in the area, which will increase the pedestrian and bicycle traffic along Orchard Court and, therefore, additional public right-of-way to widen pedestrian areas along Orchard Court and the provision of affordable housing will be needed; and WHEREAS, Iowa City Code 14-2G-8 requires that, upon rezoning to RFC -O, the owner must enter into an agreement with the City establishing how the owner will provide affordable housing when the property is redeveloped; 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 the dedication of land along the Orchard Court frontage to widen the pedestrian area within the right- of-way to a minimum of 15 feet in width; and WHEREAS, Iowa Code §414.5 (2017) provides that the City of Iowa City may impose reasonable conditions on granting a rezoning request, over and above existing regulations, in order to satisfy public needs 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 Planned Development Overlay -Low Density Single Family (OPD -5) zone to Riverfront Crossings -Orchard (RFC -O) zone: LOTS 1, 2, AND 3 IN ORCHARD COURT SUBDIVISION, IOWA CITY, IOWA ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 16, PAGE 29. PLAT RECORDS OF JOHNSON COUNTY, IOWA, ACCORDING TO EASEMENTS AND RESTRICTIONS OF RECORD. 0 Ordinance No. 17-4706 Page 2 SECTION II. ZONING MAP. The building official is hereby authorized and directed to change the zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval and publication of the ordinance as approved by law. SECTION III. CONDITIONAL ZONING AGREEMENT. The mayor is hereby authorized and directed to sign, and the City Clerk attest, the Conditional Zoning Agreement between the property owner(s) and the City, following passage and approval of this Ordinance. SECTION IV. CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance, the City Clerk is hereby authorized and directed to certify a copy of this ordinance, and record the same in the Office of the County Recorder, Johnson County, Iowa, at the Owner's expense, upon the final passage, approval and publication of this ordinance, as provided by law. SECTION V. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION VI. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION VII. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this 16thday of _ MAY ATTESTS C T=i�gLERK Ap roved by 141,✓}��k y�7�77t/ F7¢4 City Attorneys Office �I r .� L! 2017. COPPOM 151A� `9- Ordinance No. 17-4706 Page 3 It was moved by Mims and seconded by Thomas that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: ABSTAIN: _ x Botchway x Cole x Dickens x Mims x Taylor x Thomas x Throgmorton First Consideration 05/02/2017 Voteforpassage: AYES: Taylor, Thomas, Throgmorton, Botchway, Cole, Mims. NAYS: None. ABSENT: Dickens. Second Consideration _ Vote for passage: Date published 05/25/2017 Moved by Mims, seconded by Taylor, 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: Cole, Dickens, Mims, Taylor, Thomas, Throgmorton. NAYS: None. ABSENT: Botchway. 19- Prepared by: Karen Howard, 410 E. Washington, Iowa City, IA 52240 (319) 356-5251 (REZ16-00002) CONDITIONAL ZONING AGREEMENT THIS AGREEMENT is made between the City of Iowa City, Iowa, a municipal corporation (hereinafter "City"), and M&W Properties, L.L.C., (referred to hereinafter as "Owners"). WHEREAS, Owners are the collective legal title holders of approximately 0.705 acres of property locally known as 619 and 627 Orchard Court in Iowa City; and WHEREAS, the Owners have requested the rezoning of the subject properties from Planned Development — Low Density Single Family (OPD -5) to Riverfront Crossings — Orchard (RFC -0); and WHEREAS, Iowa Code §414.5 (2017) 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 increased density of residential living allowed with the RFC -O zoning will result in the need for an improved "public realm," including improved streets with safer and more attractive areas for people to walk and bike; and WHEREAS, the requested rezoning will result in a significant increase in the residential population in the area, which will increase the pedestrian and bicycle traffic along Orchard Court and, therefore, additional public right-of-way to widen pedestrian areas along Orchard Court will be needed; and WHEREAS, certain conditions and restrictions are reasonable to ensure the development of the property is consistent with the Comprehensive Plan, including the need for a safe, attractive, and comfortable environment for residential living and improved streets that will encourage walking and biking; and WHEREAS, the Planning and Zoning Commission has determined that, with appropriate conditions to ensure improved pedestrian and bicycle safety and comfort and to provide for safe traffic circulation upon redevelopment, the requested zoning is consistent with the Comprehensive Plan; and, WHEREAS, the high percentage of housing cost -burdened households is the most common housing problem within the City of Iowa City, and one of the primary areas where people face housing affordability challenges is near the University campus and the City's urban core; and, WHEREAS, the Riverfront Crossings District is well -situated to support a mix of housing due to its close proximity to downtown Iowa City and the University of Iowa campus, its existing and planned mix of uses, convenient access to public transit and municipal parking facilities; and WHEREAS, the Riverfront Crossings Form Based Code is intended to encourage a walkable, pedestrian -friendly area where residents can work, live and play, and will increase the need for housing that is affordable to the workforce; and WHEREAS, the rezoning to RFC -O will allow residential development at a density not previously permitted; and, WHEREAS, the Riverfront Crossings Form Based Code requires that upon a rezoning to a riverfront crossings zoning designation, the property owner must enter into an agreement with the city to establish which method or methods the Developer will use to provide the required affordable housing. NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties agree as follows: 1. Owners are the collective the legal title holders of the property legally described as follows: 1 of 4 LOTS 1, 2, AND 3 IN ORCHARD COURT SUBDIVISION, IOWA CITY, IOWA ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 16, PAGE 29. PLAT RECORDS OF JOHNSON COUNTY, IOWA, ACCORDING TO EASEMENTS AND RESTRICTIONS OF RECORD. 2. The Owners acknowledge that the City wishes to ensure conformance to the principles of the Comprehensive Plan, including the Orchard Subdistrict of the Downtown and Riverfront Crossings Master Plan, and the Owners intend to comply therewith. Further, the parties acknowledge that Iowa Code §414.5 (2017) provides that the City of Iowa City may impose reasonable conditions on granting a rezoning request, over and above the existing regulations, in order to satisfy public needs caused by the requested change. 3. In consideration of the City's rezoning the subject property, Owners agree that development of the subject property will conform to all requirements of the zoning chapter, as well as the following conditions: a. Prior to issuance of any building permit, land shall be dedicated to the City along Orchard Court to improve conditions along the street necessary for the increase in pedestrians and bicyclists anticipated with the rezoning according to the goals and objectives of the Riverfront Crossings Master Plan. The ROW dedication shall result in a minimum 15 foot wide pedestrian area between the new front property line and the street curb along the Orchard Court frontage. Upon redevelopment, Owners shall improve said pedestrian area with a minimum 5 foot wide sidewalk located generally along the front property line and a minimum 10 foot landscaped parkway planted with street trees located between the sidewalk and the street curb according to the form -based zoning standards; b. Owner shall satisfy the affordable housing obligations imposed pursuant to Iowa City Code of Ordinances 14-2G-8 through the provision of on-site owner - occupied dwelling units, on-site rental dwelling units, and/or the payment of a fee in lieu of the remaining dwelling units not provided on-site or as otherwise agreed to between Owner and the City in an affordable housing agreement entered into prior to issuance of a building permit for development of any portion of the above- described property. 4. The conditions contained herein are reasonable conditions to impose on the land under Iowa Code §414.5 (2017), and that said conditions satisfy public needs that are caused by the requested zoning change. 5. 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. 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. This agreement shall inure to the benefit of and bind all successors, representatives, and assigns of the parties. 8. Nothing in this Conditional Zoning Agreement shall be construed to relieve the Owner or 2of4 I �' Applicant from complying with all other applicable local, state, and federal regulations. 9. 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 Owners' expense. Dated this 16th day of 2017. CITY OF IOWACITYOWN S Ja es Throgmorton, Mayor By M Properties, LLC �Q Ju oparit;;Depufy City Clerk Appproved,by: vsF'u �J�"Y-g, City Attorney's Office �y/Ig COPPOM11 51A CITY OF IOWA CITY ACKNOWLEDGEMENT: STATE OF IOWA ) ) ss: JOHNSON COUNTY ) This instrument was acknowledged before me on / G/o 2017 by James rj- Throgmorton and Julie Voparil as Mayor and Deputy City Clerk, respectively, of the City of Iowa City. Notary Public in and for LIVState of Iowa (Stamp or Sea]) Title (and Rank) My commission 3of4 as"4 KELLIE K. FRUENUNG Nwrbw 221819 IY M&W PROPERTIES, LLC ACKNOWLEDGMENT: STATE OF IOWA ) ss: JOHNSON COUNTY ) This instrument was acknowledged before me on 2017 by V\ W I/L (Name(s) of individual(s) as / A 1\/\ li (type of authority, such as officer or trustee) of M&W Properties LLC. KATHLEEN M THORNTON Commission Number 764003 Notary Public in and for the State of Iowa ommission fres ' (Stamp or Seal) Title (and Rank) My commission expires: 4 of 4 I� VIM Doc ID: 026729720004 Type: GEN Kind: ORDINANCE Recorded: 06/01/2017 at 11:17:19 AM Fee Amt: $22.00 Page 1 of 4 Johnson County Iowa Kim Painter County Recorder aK5656 PG104-107 STATE OF IOWA ) ) SS JOHNSON COUNTY ) � r 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, Julie Voparil, Deputy City Clerk of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of Ordinance No. 17-4704A which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 16th day of May, 2017, all as the same appears of record in my office. Said ordinance was previously recorded on May 19, 2017, Book 5650, Pages 756-759 and contained a scrivener's error in the ordinance number. The attached ordinance has been revised. Dated at Iowa City, Iowa, this 30th day of May, 2017. Ju ' . paril Deputy City Clerk \ord Prepared by: Bob Miklo, Senior Planner, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5240 (REZ16-00008) ORDINANCE NO. 17-4704A AN ORDINANCE REZONING 12.28 ACRES OF PROPERTY FROM LOW DENSITY SINGLE FAMILY RESIDENTIAL (RS -5) AND LOW DENSITY MULTIFAMILY RESIDENTIAL (RM -12) TO PLANNED DEVELOPMENT OVERLAY/LOW DENSITY SINGLE FAMILY RESIDENTIAL (OPD -5) ZONE AND PLANNED DEVELOPMENT OVERLAY/LOW DENSITY MULTIFAMILY RESIDENTIAL (OPD/RM-12) ZONE AND APPROVING A PRELIMINARY SENSITIVE AREAS DEVELOPMENT PLAN FOR THE LARSON SUBDIVISION; A 2 -LOT, RESIDENTIAL SUBDIVISION LOCATED NORTH OF SCOTT BOULEVARD BETWEEN HICKORY HEIGHTS LANE AND FIRST AVENUE. (REZ16-00008/SUB16-00012) WHEREAS, the applicant, Kevin Hanick, has requested a rezoning of 12.28 acres of property located north of Scoff Boulevard between Hickory Heights Lane and First Avenue from Low Density Single Family Residential (RS -5) (2 acres) and Low Density Multi -Family Residential (RM -12) (10.28 acres) to Planned Development Overlay/Low Density Single Family Residential (OPD/RS-5) and Planned Development Overlay/Low Multffamily (OPD/RM-12) zone; and WHEREAS, the property contains regulated slopes and woodlands; and WHEREAS, the Sensitive Areas Development Plan will allow one single family lot and two multifamily buildings to be clustered on a portion of the property, while reserving a portion of the land for preservation of regulated slopes and woodlands; and WHEREAS, the applicant has. requested a reduction of a protected slope buffer to allow the installation of stormwater management facilities; and WHEREAS, stormwater detention facilities are permitted within buffer areas if they are designed and constructed to minimize their impact upon the protected sensitive areas and designed to include measures to protect against erosion, pollution and habitat disturbance, and result in minimal amounts of excavation and filling, and WHEREAS, the Planning and Zoning Commission has reviewed the proposed rezoning, Sensitive Areas Development Plan, and requested protected slope buffer reduction and determined that they comply with the Comprehensive Plan; and IOWA: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, SECTION I APPROVAL Property described below is hereby classified OPD/RM-12: Amended Auditor's Parcel 2005108 (Plat of Survey recorded in Plat Book 52, Page 144 at the Johnson County Recorder's Office), except that portion lying in the Southeast Quarter of the Northeast Quarter of Section 2, Township 79 North, Range 6 West of the 5th P.M., Iowa City, Johnson County, Iowa. Total area: 10.281 acres more or less. SECTION II APPROVAL. The property described below is hereby classified OPD -5: Amended Auditor's Parcel 2005108 (Plat of Survey recorded in Plat Book 52, Page 144 at the Johnson County Recorder's Office), except that portion lying in the Northeast Quarter of the Southeast 1l� Ordinance No. 17-4704 A Page 2 Quarter of Section 2, Township 79 North, Range 6 West of the 5th P.M., Iowa City, Johnson County, Iowa. Total area: 2.00 acres more or less. SECTION III. ZONING MAP. The Building Inspector is hereby authorized and directed to change the zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval and publication of this ordinance by law. SECTION IV. CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance, the City Clerk is hereby authorized and directed to certify a copy of this ordinance and to record the same, at the office of the County Recorder of Johnson County, Iowa, at the owner's expense, all as provided by law. SECTION V. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION VI. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION VII. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this 16th day of MAYOR o Approved by: ATTEST: CI LERK enc' o u, �c �D�rm.o°cov CORPORATE SERI 2017. 'GGtR/dZ[an 7o,ty City Attonney's Office yZZ� ,,b Ordinance No. 17-4704A Page 3 It was moved by Mims and seconded by Dickens that the Ordinance as read be adopted, and upon roll call there were: AYES NAYS: ABSENT: ABSTAIN: Botchway Cole Dickens Mims Taylor Thomas Throgmorton First Consideration 05/02/2017 Voteforpassage: AYES: Mims, Taylor, Thomas, Throgmorton, Botchway, Cole. NAYS: None. ABSENT: Dickens. Second Consideration _ Vote for passage: Date published 05/25/2017 Moved by Mims, seconded by Dickens, that the rule requiring ordinances to be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the second consideration and vote be waived and the ordinance be voted upon for final passage at this time. AYES: Mims, Taylor, Thomas, Throgmorton, Cole, Dickens. NAYS: None. ABSENT: Botchway. FOP Doc ID: 026739750007 Type: GEN Kind: ORDINANCE RecFeeoAmt: $37.00/2017 Pape it of2720:35 PM Johnson County Iowa Kim Painter County Recorder BK5660 PG388-394 STATE OF IOWA ) )SS JOHNSON COUNTY ) a r CFty of I, Julie K. Voparil, Deputy City Clerk of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 17-4708, which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 6th day of June, 2017, all as the same appears of record in my office. Dated at Iowa City, Iowa, this 8`h day of June, 2017. JOke,K. VOaril Deputy Clerk \res CORPO TEN 56 Prepared by: Sylvia Bochner, Planning Intern, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5240 (REZ17-00006) ORDINANCE NO. 17-4708 AN ORDINANCE CONDITIONALLY REZONING APPROXIMATLEY 3,440 SQUARE FEET OF PROPERTY LOCATED AT 812 S. SUMMIT STREET FROM LOW DENSITY SINGLE FAMILY RESIDENTIAL WITH HISTORIC DISTRICT OVERLAY (RS-51OHD) TO NEIGHBORHOOD COMMERCIAL WITH HISTORIC DISTRICT OVERLAY (CN-1/OHD). (REZ17-00006) WHEREAS, the applicant, Jamie Powers, has requested a rezoning of property located 812 S. Summit Street from Low Density Single Family Residential with Historic District Overlay (RS-5/OHD) to Neighborhood Commercial Historic District Overlay (CN-1/OHD); and WHEREAS, the Comprehensive Plan encourages walkable neighborhoods and envisions neighborhood commercial uses as contributing to the quality of life within neighborhoods; and WHEREAS, the Neighborhood Commercial Zone is intended to promote pedestrian -oriented development at an intensity level that is compatible with surrounding residential areas WHEREAS, as the building is currently used for an upper -floor residence and a bakery, which is a non- conforming retail use, and; WHEREAS, the applicant has requested this rezoning to allow an expansion of the building to construct a new stairwell for the residential use and remodel the interior space; and WHEREAS, the Planning and Zoning Commission has the reviewed the proposed rezoning and determined that it complies with the Comprehensive Plan provided that it meets conditions addressing the need for maintaining compatibility with the surrounding single-family residential neighborhood; and WHEREAS, it is necessary to restrict the hours of operation and prohibit the sale of alcohol and tobacco to maintain that neighborhood compatibility; and WHEREAS, Iowa Code §414.5 (2017) provides that the City of Iowa City may impose reasonable conditions on granting a rezoning request, over and above existing regulations, in order to satisfy public needs caused by the requested change; and WHEREAS, the owners have agreed that the property shall be developed in accordance with the terms and conditions of the Conditional Zoning Agreement attached hereto to ensure appropriate development in this area of the city. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I APPROVAL. Subject to the Conditional Zoning Agreement attached hereto and incorporated herein, property described below is hereby reclassified from its current zoning designation of RS-5/OHD to CN-1/OHD: The south 43 feet of Lot 1, Block 1 of P. J. Regan's 15' Addition, 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, 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 IA- Ordinance No. 17-4708 Page 2 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 6th day of June 12017 ATTe( eC Cie \ CITY CLERK City Attorney's Office s 117 (OPPO E SEAt I'A- Ordinance No. 17-4708 Page 3 It was moved by Mims and seconded by Dickens that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: ABSTAIN: Botchway Cole Dickens Mims Taylor Thomas Throgmorton First Consideration 05/16/2017 Voteforpassage: AYES: Cole, Dickens, Mims, Taylor, Thomas, Throgmorton. NAYS: None. ABSENT: Botchway. Second Consideration _ Vote for passage: Date published 06/15/2017 Moved by Mims, seconded by Dickens, that the rule requiring ordinances to be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be finally passed be suspanded, the second consideration and vote be waived and the ordinance be voted upon for final passage at this time. AYES: Mims, Taylor, Thomas, Throgmorton, Botchway, Cole, Dickens. NAYS: None. ABSENT: None. E Prepared by: Bob Miklo, Senior Planner, 410 E. Washington, Iowa City, IA 52240 (319) 356-5240 (REZ17-00006) CONDITIONAL ZONING AGREEMENT THIS AGREEMENT is made between the City of Iowa City, Iowa, a municipal corporation (hereinafter "City") and Jason and Jamie Powers (hereinafter "Owners"). WHEREAS, Owners are the legal title holder of approximately 3,440 square feet of property located at 812 S. Summit Street, Iowa City, Iowa; and WHEREAS, the Owners have requested the rezoning of said property from Low Density Single Family Residential with Historic District Overlay (RS-5/OHD) to Neighborhood Commercial with Historic District Overlay (CN-1/OHD); and WHEREAS, the Planning and Zoning Commission has determined that, with appropriate conditions regarding the need for maintaining compatibility with the surrounding single-family residential neighborhood by restricting the hours open to the public and the sale of tobacco and alcohol, the requested zoning is consistent with the Comprehensive Plan; and WHEREAS, Iowa Code §414.5 (2017) provides that the City of Iowa City may impose reasonable conditions on granting a rezoning request, over and above existing regulations, in order to satisfy public needs caused by the requested change; and WHEREAS, the Owners 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 maintaining compatibility with the surrounding single-family residential neighborhood; and WHEREAS, the Owners agree to develop this property in accordance with the terms and conditions of this Conditional Zoning Agreement. NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties agree as follows: 1. Jason and Jamie Powers are the legal title.holder of the property legally described as: The south 43 feet of Lot 1, Block 1 of P. J. Regan's 1s` Addition, Iowa City, Iowa. 2. The Owners acknowledge 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 (2017) provides that the City of Iowa City may impose reasonable conditions on granting a rezoning request, over and above the existing regulations, in order to satisfy public needs caused by the requested change. 3. In consideration of the City's rezoning the subject property, Owners agree that development of the subject property will conform to all other requirements of the zoning chapter, as well as the following conditions: a. Any commercial use may not be open to the public between 9:00 p.m. and 7:00 a.m.; b. No sales of alcohol or tobacco shall be allowed on the property. 4. The Owners and City acknowledge that the conditions contained herein are reasonable conditions to impose on the land under Iowa Code §414.5 (2017), and that said conditions satisfy public needs that are caused by the requested zoning change. 5. The Owners and City acknowledge that in the event the subject property is transferred, sold, ppdadm/agUmmlitional aping agreement deluxe.dw l 1 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 Owners acknowledge that nothing in this Conditional Zoning Agreement shall be construed to relieve the Owners 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 Owners' expense. Dated this 6th day of CITY OF IOWA CITY Ja e's Throgmorton, Me or Attest: 1!e/AieEraeOxyPeploCity Clerk Approved by' 6torney's ity Office S a CITY OF IOWA CITY ACKNOWLEDGEMENT: STATE OF IOWA ) ) ss: JOHNSON COUNTY ) 2017. By: Ja ie Powers L7-,�2=� By: JasoK Power (070MSEAI This instrument was acknowledged before me on -T, ,_e `7 , 2017 by James Throgmorton and kei/lefvuelili)t , as Mayor and Deputy City Clerk, respectively, of the City of Iowa City. Notary Public in V for the State of to a (Stamp or Seal) : °"` co=6soY42 Title (and Rank) : 'tWA4wEY:x1EW2S:9"]9 �- ppdadmiagVconddional zoning agreement deluxe.doc G IL\ OWNERS' ACKNOWLEDGMENT: State of Countyof This record was acknowledged before me on_m �� W 2017 by Jason Powers and Jamie Powers. Nota ub' in and for the State of Iowa np (Stamp or Seal) Title (and Rank)�� My commission expires: 13 I lT NOTARIA-LISEAL' ppdadm/agVconditlonal zoning agreement deluxe.da .3 1 `� Vice - Doc ID: 026739760007 Type: GEN Kind: ORDINANCE Recorded: 06/09/2017 at 02:22:50 PM Fee Amt: $37.00 Pape 1 of 7 Johnson County Iowa Kim Painter County Recorder BK5660 PG395-401 STATE OF IOWA ) )SS JOHNSON COUNTY ) I, Julie K. Voparil, Deputy City Clerk of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 17-4709, which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 6th day of June, 2017, all as the same appears of record in my office. Dated at Iowa City, Iowa, this 8t' day of June, 2017. Julie aril Deputy City Clerk \res ,5 Prepared by: Marti Wolf, Planning Intern, 410 E. Washington Street, Iowa City, IA 52240; 319-5240 (REZ17-00004) ORDINANCE NO. 17-4709 ORDINANCE CONDITIONALLY REZONING APPROXIMATELY 4,550 SQUARE FEET OF PROPERTY FROM CENTRAL BUSINESS SERVICE (CB -2) ZONE TO CENTRAL BUSINESS SUPPORT (CB -5) ZONE LOCATED AT 202 NORTH LINN STREET (REZ17-00004) WHEREAS, the applicant, William Nusser, has requested a rezoning of property located at 202 North Linn Street from Central Business Service (CB -2) zone to Central Business Support (CB -5) zone; and WHEREAS, both zones require commercial uses on the ground floor with the option for residential uses on upper floors; and WHEREAS, the existing development on the property includes a non -conforming surface parking area and a building that lacks the facade elements required in the zone and district; and WHEREAS, the lower minimum parking standards and additional residential density and minimum Floor Area Ratio in the CB -5 zone greatly enhance the redevelopment potential of this small corner property; and WHEREAS, upon redevelopment, the property will be brought into conformity with parking and building design requirements and enhance the pedestrian character and safety of the corner; and WHEREAS, all the other corner properties at the intersection of Market and Linn are already zoned CB - 5; and WHEREAS, the Comprehensive Plan (Central District Plan) emphasizes the "distinct identity and scale" of the Northside Marketplace as different from the Downtown, and encourages development that preserves the existing scale, economic vitality, and mainstreet historic commercial character of the Northside Marketplace; and WHEREAS, the minimum parking requirements and Floor Area Ratio (FAR) for the CB -5 zone effectively control the potential scale of the building; 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 design review; and WHEREAS, Iowa Code §414.5 (2015) provides that the City of Iowa City may impose reasonable conditions on granting a rezoning request, over and above existing regulations, in order to satisfy public needs 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 Central Business Service (CB -2) zone to Central Business Support (CB -5) zone: THE SOUTH 65.75 FEET OF LOT FIVE (5), BLOCK FIFTY EIGHT (58), ORIGINAL TOWN PLAT OF IOWA CITY, IOWA, SUBJECT TO RIGHT OF WAY OVER THE EAST TEN (10) FEET THEREOF, BY THE OWNERS OF LOT 5. �c. 1� Ordinance No. 17-4709 Page 2 SECTION II. ZONING MAP. The building official is hereby authorized and directed to change the zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval and publication of the ordinance as approved by law. SECTION III. CONDITIONAL ZONING AGREEMENT. The mayor is hereby authorized and directed to sign, and the City Clerk attest, the Conditional Zoning Agreement between the property owner(s) and the City, following passage and approval of this Ordinance. SECTION IV. CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance, the City Clerk is hereby authorized and directed to certify a copy of this ordinance, and record the same in the Office of the County Recorder, Johnson County, Iowa, at the Owner's expense, upon the final passage, approval and publication of this ordinance, as provided by law. SECTION V. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION VI. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION VII. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this 6th day of June 2017 M OR ATTES �° CITY,GLERK AppFoved by City Attorneys Office COPPOD ESN ,I; Ordinance No. 17-4709 Page 3 It was moved by Mims and seconded by Botchway that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: x x x x x x x ABSENT: ABSTAIN: Botchway Cole Dickens Mims Taylor Thomas Throgmorton First Consideration 05/02/2017 Voteforpassage: AYES: Thomas, Throgmorton, Botchway, Cole, Mims, Taylor. NAYS: None. ABSENT: Dickens. Second Consideration 05/16/2017 Vote for passage: AYES: Dickens, Mims, Taylor, Thomas Cole. NAYS: Throgmorton. ABSENT: Botchway. Date published 06/15/2017 15 Prepared by Sarah Walz, Associate Planner, 410 E. Washington, Iowa City, IA 52240 (319) 356-5239 (REZ17-0004) CONDITIONAL ZONING AGREEMENT THIS AGREEMENT is made between the City of Iowa City, Iowa, a municipal corporation (hereinafter "City"), Central State Bank (hereinafter "Owner"), and William Nusser (hereinafter "Applicant"). WHEREAS, Owner is the legal title holder of approximately 4,550 square feet of property located at 202 South Linn and WHEREAS, the applicant, William Nusser, has requested a rezoning of property located at 202 North Linn Street from Central Business Service (CB -2) zone to Central Business Support (CB -5) zone; and WHEREAS, the Planning and Zoning Commission has determined that, with appropriate conditions regarding building design, the requested zoning is consistent with the Comprehensive Plan; and WHEREAS, Iowa Code §414.5 (2015) provides that the City of Iowa City may impose reasonable conditions on granting a rezoning request, over and above existing regulations, in order to satisfy public needs 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 to encourage development that complements the existing scale and distinct identity of the Northside Marketplace as different from the Downtown and to preserve the existing scale, economic vitality, and mainstreet historic commercial character of the Northside Marketplace; 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. Central State Bank is the legal title holder of the property legally described as: THE SOUTH 65.75 FEET OF LOT FIVE (5), BLOCK FIFTY EIGHT (58), ORIGINAL TOWN PLAT OF IOWA CITY, IOWA, SUBJECT TO RIGHT OF WAY OVER THE EAST TEN (10) FEET THEREOF, BY THE OWNERS OF LOT 5. 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 (2015) provides that the City of Iowa City may impose reasonable conditions on granting a rezoning request, over and above the existing regulations, in order to satisfy public needs caused by the requested change. 3. In consideration of the City's rezoning the subject property, Owner and Applicant agree that development of the subject property will conform to all other requirements of the zoning chapter, as well as the following conditions: ppdadm/agVc djtlonal zoning agreement rev.dx 1 I ✓ a. Building design is subject to the City's Design Review Process and approval by the City's Design Review Committee. 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 (2015), and that said conditions satisfy public needs that are caused by the requested zoning change. 5. The Owner, Applicant, and City acknowledge that in the event the subject property is transferred, sold, redeveloped, or subdivided, all redevelopment will conform with the terms of this Conditional Zoning Agreement. 6. The parties acknowledge that this Conditional Zoning Agreement shall be deemed to be a covenant running with the land and with title to the land, and shall remain in full force and effect as a covenant with title to the land, unless or until released of record by the City of Iowa City. The parties further acknowledge that this agreement shall inure to the benefit of and bind all successors, representatives, and assigns of the parties. The Owner and Applicant acknowledge that nothing in this Conditional Zoning Agreement shall be construed to relieve the Owner or Applicant from complying with all other applicable local, state, and federal regulations. 8. The parties agree that this Conditional Zoning Agreement shall be incorporated by reference into the ordinance rezoning the subject property, and that upon adoption and publication of the ordinance, this agreement shall be recorded in the Johnson County Recorder's Office at the Applicant's expense. Dated this 6th day of June —,20 17. CITY OF IOWACITY jaiKes A.'Throgrrorton, Krayor 1. . Attest: / l eellrrPue%li�,DeputyityClerk Approved b City Attorney's Office WRPOM SEnI Central State BZ"J By: Title: P:o, as William Nusser ppdadMagVcmMigonal zoning agreement w.doc 2 JG CITY OF IOWA CITY ACKNOWLEDGEMENT: STATE OF IOWA ) ) ss: JOHNSON COUNTY ) This instrument was acknowledged before me on Tr.. t a4 —7 , 20L by James A. Throgmorton and 011reFlWehbly,Deputy City Clerk as Mayor and City Clerk, respectively, of the City of Iowa City. U; ) S kk ,( Notary Public Wand for the Stat of Iowa (Stamp or Sea]) 1VAVW0j& I&ME0 fl K%Jrrh S ze Title (and Rank) L Z Central State Bank ACKNOWLEDGEMENT: STATE OF IOWA ) ) ss: JOHNSON COUNTY ) This instrument was acknowledged before me on `4r'A, , 20_Ll by c, v. as Cb.; 6� q\ t s\� OlvEc cyy- of Central State Bank. tary Pub in and for said CouNr-and State" (Stamp or Sea]) William Nusser ACKNOWLEDGMENT: STATE OF IOWA ) )ss: JOHNSON COUNTY ) �vi Title (and Rank) I'. NOTARIAL SEAL On this`) day of 2017, before me, the undersigned, a Not and for the above-named county and state, personally appeared William Nusser person, to me known to be the identical person named in and who executed the w foregoing instrument, and acknowledged that he executed the same as his vownta deed. \-Alota�r &Public in and for the ppdadmiagilconditional zoning agreement rev.doc NOTANAL SEAL , ,,,-. single '' ani y actiand" fiv Prepared by Sarah Walz, Associate Planner, 410 E. Washington, Iowa City, IA 52240; 319/356-5230 DECISION IOWA CITY BOARD OF ADJUSTMENT WEDNESDAY, May 10, 2017 EMMA J. HARVAT HALL Illlllllllllllllllillllllllllllllllllllllllllllllllllllllllllllllllllllllllllill Doc ID: 026759790004 Type: GEN Kind; DECISION Recorded: 06/27/2017 at 10:54:16 AM Fee Amt: $22.00 Page 1 of 4 Johnson County Iowa Kim Painter County Recorder SK5668 PG820-823 MEMBERS PRESENT: Becky Soglin, T. Gene Chrischilles, Connie Goeb, Tim Weitzel, Bryce Parker MEMBERS ABSENT: None. STAFF PRESENT: Sarah Walz, Sue Dulek OTHERS PRESENT: Doug Bottorff, Dave McCauley SPECIAL EXCEPTION ITEM: EXC17-0003. Public hearing on a request to allow expansion of a General Education Facility (Regina Catholic Education Center) in the RS -5 zone to construct an addition to the school building and to expand the parking areas on the north and south side of the school building at 2140 Rochester Avenue. The Board concludes that the setbacks specified in the base zone are met based on the finding that the proposed building addition is located at the back (north side) of the existing school structure and is set back more than 100 feet from the nearest (east) property line. The Board concludes that the proposed use will be designed to be compatible with adjacent uses based on the following findings: • The proposed building addition is located at the back (north side) of the existing school structure and is set back more than 100 feet from the nearest (east) property line. • The proposed two-story addition will replace a number of temporary and/or shed like structures. • The addition design will be reviewed by staff as part of the building permit process. • Prior to paving of the south parking area, the applicant must submit a plan to address stormwater runoff concerns at the north end of the Regina property and receive approval from the Parks and Recreation Director; and prior to a permit being issued for the building addition, the plan must be implemented, inspected, and approved by the Parks and Recreation Director. • Both parking areas will be brought into compliance with the paving, screening, shade tree, pedestrian access route, and lighting standards in the code. • Current parking demand, particularly for special events, outstrips current parkab supply and , while on -street parking is available to serve overflow needs, theitiol parking requested more closely aligns with actual current demand for parking pn'fi* S!T, irj • Expanding the parking area on the south side of the school, near R0E€ater-Awen _'=S appropriate for the following reasons: - i? o' ! M ti N o Parking islands in both the north and south parking areas are used for stormwater management and both green spaces will be enhanced as part of the school expansion to provide improved stormwater management. o Properties across the street from the south parking area are nearly all commercial uses (part of the neighborhood commercial zone) save for two houses located at the north end of Rita Lyn Court. o In order to minimize the paved area and provide a more substantial buffer, the applicant has agreed to reduce the driveway aisles from 24 feet to 22 feet. The proposed parking area, which will be set below grade (requiring a 3 -foot retaining wall) with additional landscape screening as required by code, will effectively screen the first row of parking. The Board concludes the proposed use will not have significant adverse effects on the livability of nearby residential uses due to noise, glare from lights, late night operations, odors, and litter based on the following findings: • Required screening and maintaining a 20 -foot (approximate) setback for the parking area. • The Regina school campus functions similar to City High and Southeast Junior High (east Iowa City's two largest schools) in terms of school days, traffic, and nighttime functions. The Board concludes that, because the building addition is located on the back of the school, out of view from the public street, the multi -family building design standards are not applicable and that, based on constraints that limit the opportunity to provide additional parking in other areas of the site, the applicant secured a Minor Modification to allow parking in the area between the school building and Rochester Avenue subject to a set of conditions regarding the minimum setback and screening of the parking area (see above). 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 following findings: • A new secondary driveway entrance from First Avenue will help to alleviate traffic congestion at the intersection of Rochester Avenue and First Avenue (the driveway design will prohibit left -turning traffic/northbound vehicles from entering from First Avenue). • Maintaining a substantial setback between the parking area and sidewalk will help to preserve the safety of the pedestrian area. • Modifications to the parking areas and the new access drive onto First Avenue will require Regina to provide pedestrian access routes from the parking areas and the public sidewalk to the building entrances. 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 findings provided above regarding the design and to tion of the addition; required compliance with all screening and exterior lighting reg8i ementtg for the parking areas and building. The Board concludes that adequate utilities, access roads, drainage and/or necessary facilities have been or are being provided; and that adequate measures will be taken to provide ingress or egress designed so as to minimize traffic congestion on public streets based on the following findings: • Regina is currently in the process of designing a new secondary access drive to First Avenue in order reduce congestion at the Rochester Avenue intersection. • Regina is addressing stormwater management on the site as part of its parking area improvements. The Board concludes that, except for the specific regulations and standards applicable to the exception being considered, the specific proposed exception, in all other respects, conforms to the applicable regulations or standards of the zone in which it is to be located based on the following findings: • Both parking areas will be brought into compliance with current parking area standards regarding paving, screening, shade trees, pedestrian access routes, and lighting. • A monument sign located near Rochester Avenue must be relocated according to the setback standards in the code. • Bicycle parking must also be provided in accord with the standards in the zoning code. The Board concludes that the special exception complies with the Comprehensive Plan based on the following findings: • The plan encourages the location of educational facilities in residential zones so long as they are compatible with the surrounding residential neighborhoods. • The Central District Plan designates this property as an institutional use because of Regina's historic use of the property. • Regina is, in many ways, a neighborhood school that contributes to the livability and walkability of the Central and Northeast Planning Districts and expands the many educational options that exist in Iowa City. • Regina's continued operation within the centrally located neighborhood and its ability to provide complementary facilities, including athletic facilities, similar to what is provided at other area public schools is appropriate. DISPOSTION: By a vote of 5-0 the Board approved a special exception for the expansion of a general educational facility to allow a school building addition of approximately 18,500 square feet and expansion of the parking areas to allow up to 300 parking spaces, subject to the following conditions: a. Completion of a secondary drive access to First Avenue prior to issuance of a building permit for the new school addition; b. Substantial compliance with the plans submitted with this application; c. The parking area setback along Rochester Avenue should be set R6 ncess tbaxy 20' feet from the street right-of-way line, with the exception of a small:a"rgq at -:,@e easf $nd of the parking area, which may be reduced to 19 feet, in order tmpresewe asany mature trees as possible, and mature trees that are removed sholp bF}eplled in consultation with planning staff; 'e n d. North and south parking areas and drives must be brought into eonforaw. ce vi all parking standards, including paving, screening, shade trees, pedestriamaccess, and lighting; -3 e. Bicycle parking must be provided in conformance with code standards; f. Prior to paving of the south parking area (near Rochester Avenue), the applicant must submit a plan to and receive approval from the Parks and Recreation Director to address stormwater runoff concerns at the north end of the Regina property; and g. Prior to a permit being issued for the building addition, the stormwater plan must be implemented, inspected, and approved by the Parks and Recreation Director. The term of this special exception is extended to 2 years to allow Regina the opportunity to complete the fundraising for the school expansion. TIME LIMITATIONS: All orders of the Board, which do not set a specific time limitation on Applicant expire six (6) months from the date they were filed with the City Clerk, unless' have taken action within such time period to establish the use or construct the authorized under the terms of the Board's decision. City Code Section 14 -8C - City, Iowa. 2- WARAR i STATE OF IOWA JOHNSON COUNTY Approved by: City Attorney's Office o f rshall ant SAII ro-ment' C'CC, -t I, Julie Voparil, Deputy City Clerk of the City of Iowa City, do hereby certify that the Board of Adjustment Decision herein is a true and correct copy of the Decision that was passed by the Board of Adjustment of Iowa City, Iowa, at its regular meeting on the 10th day of May, as the same appears of record in my Office. Dated at Iowa City, this r CORPOM11 RL day of Jv n -e , 20 t-1 oparil, Deputy CitV Clerk ,�L Doc ID: 026756260012 Type: GEN Kind: RESOLUTION Recorded: 06/23/2017 at 03:22:28 PM Fee Amt: $62.00 Pape 1 of 12 Johnson County Iowa Kim Painter County Recorder BK5667 PG166-177 STATE OF IOWA ) ) SS JOHNSON COUNTY ) � A 1 �i4 rlll,� CFty of o*A I, Kellie K. Fruehling, City Clerk of Iowa City, Iowa, do hereby certify that the Resolution attached hereto is a true and correct copy of Resolution No. 17-218 which was passed by the City Council of Iowa City, Iowa, at a special meeting held on the 20th day of June, 2017, all as the same appears of record in my office. Dated at Iowa City, Iowa, this 21 st day of June, 2017. Kellie K. Fruebling City Clerk fires co?oAli sik� 410 EAST WASHINGTON STREET • IOWA CITY, IOWA 52240-1826 • (319) 356-5000 • FAX (319) 356-5009 0 Prepared by: Wendy Ford, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5248 RESOLUTION NO. 17-218 RESOLUTION APPROVING AMENDMENT NO. 3 TO THE RIVERSIDE DRIVE URBAN RENEWAL PLAN TO ADD PROJECTS AND TO ADD LAND TO THE URBAN RENEWAL AREA. WHEREAS, the City of Iowa City has adopted a comprehensive plan for the physical development of the municipality as a whole, giving due regard to the environs and metropolitan surroundings, the current plan locally known as the IC2030 Comprehensive Plan; and WHEREAS, the City has also adopted the Riverside Drive Urban Renewal Plan ("Plan") for the purpose of exercising its urban renewal powers granted pursuant to Iowa Code Chapter 403 within the Riverside Drive Urban Renewal Area ("Area"); and WHEREAS, in anticipation of amending the Plan to add the Orchard District and four public improvement projects to the Area, City Council adopted a resolution of necessity (Res. No. 17-172) on May 6, 2017 finding that one or more blight areas, as defined in Chapter 403, Code of Iowa, exist within the City, and rehabilitation, conservation, redevelopment, development, or combination thereof, of the area is necessary in the interest of the public health, safety or welfare of the residents of the City; and WHEREAS, pursuant to Res. No. 17-172, the City mailed a copy of the proposed Amendment No. 3 to the affected taxing entities, along with a notice of consultation to be held between the City and the affected taxing entities, and notice of the public hearing; and WHEREAS, said consultation was scheduled for June 1, 2017, at 11:30 a.m. in the City Manager's Conference Room in City Hall. No representatives from the affected taxing entities were present at said time and place, and no taxing entities submitted any written recommendations for modification of the proposed division of revenue within 7 days after the consultation; and WHEREAS, pursuant to said Res. No. 17-172, on this day a public hearing on the proposed Amendment No. 3 to the Riverside Drive Urban Renewal Plan was held after due and proper notice of said public hearing was given by timely publication on June 6, 2017, in the Iowa City Press Citizen, a newspaper having general circulation in the Iowa City area. NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: Section 1. This Council finds that Amendment No. 3 to the Riverside Drive Urban Renewal Plan conforms to the general plan for the development of the City as a whole, will not result in the displacement of families, and doe not contain open land to be acquired by the City. Section 2. That the Amendment No. 3 is hereby approved and adopted as the "Amendment No. 3 to the Riverside Drive Urban Renewal Plan for the Riverside Drive Urban Renewal Area"; and the City Clerk is hereby directed to file a certified copy of said Amendment No. 3 with the proceedings of this meeting. Section 3. That the Riverside Drive Urban Renewal Plan for the Riverside Drive Urban Renewal Plan Area, as amended herein, shall be in full force and effect from the date of this resolution until the later of the date of termination set forth in the Plan, as amended, or the date on which payment of all obligations issued or advances made to carry out the purposes thereof shall be fully provided for. Said Amendment No. 3 shall be forthwith certified by the City Clerk, along with a copy of this Resolution, to the Recorder for Johnson County, Iowa, to be filed and recorded in the manner provided by law. PASSED AND APPROVED this 20th day of June 2017.01 yor AiTTTEEST: P C- City Clerk j MA k -2- Appro liy 6- City Attorney's Office \1 Resolution No. Page 3 17-218 It was moved by trims and seconded by Dickens the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: ABSTAIN: x Botchway x Cole x Dickens x Mims x Taylor x Thomas x Throgmorton �1 Amendment No. 3 Riverside Drive Urban Renewal Plan City of Iowa City, IA Original Plan Adopted 2011 Amendment No. 1 Adopted 2012 Amendment No. 2 Adopted 2014 M 0 11 Table of Contents Section 1 - Introduction Section 2 - Urban Renewal Goals and Objectives Section 3 - Proposed Urban Renewal Projects Section 4 - Debt Section 5 - Conformance with Land Use Policy and Zoning Ordinance Section 6 - Urban Renewal Plan Amendments Section 7 - Effective Period Section S - Repealer Section 9 - Severability Clause Attachment 1 — Legal Description of the Urban Renewal Area Attachment 2 — Map of the Riverside Drive Urban Renewal Area as amended -2- 0 N O DC7 /M 'rn a � cn ._J -2- 0 SECTION 1- INTRODUCTION The Riverside Drive Urban Renewal Plan ("Plan") for the Riverside Drive Urban Renewal Area ("Area"), as amended, is being further amended herein to add additional land and proposed projects to be undertaken within the Area. Originally adopted in 2011 as the Riverfront Crossings Urban Renewal Area, Amendment #1 in 2012 changed the name of the Area to the Riverside Drive Urban Renewal Area, and Amendment #2 in 2014 added a project. The "base valuation" of the Original Area will remain unchanged by this Amendment. The overall base value of the Urban Renewal Area, after adoption of this Amendment, will be determined by adding the base valuations of the Original Area and this "2017 Amendment Area" together. In 2016, the City added the "Orchard District", as so designated in the Iowa City Zoning Code, to the Downtown and Riverfront Crossings Master Plan, a component of the city's comprehensive plan. To be consistent with the comprehensive plan, this Amendment #3 adds the Orchard District. The Original Area includes land to the centerline of the intersection of Myrtle and Riverside Drive. The Public Improvements added hereto by this amendment contemplate improvements to the entire intersection, therefore this amendment adds the full intersection. SECTION 2- URBAN RENEWAL GOALS AND OBJECTIVES The Urban Renewal Goals and Objectives previously set forth in the Original Plan and Amendment No. 2 remain unchanged by this Amendment. SECTION 3 — DESCRIPTION OF THE URBAN RENEWAL AREA The legal description of the property being added to the Riverside Drive Urban Renewal Area is attached hereto as Attachment No. 1 — 2017 Amended Area. A map of the Riverside Drive Urban Renewal Area and 2017 Amendment Area is attached hereto as Attachment No. 2. SECTION 4- AREA DESIGNATION With the adoption of this Amendment, Iowa City adds and designates the 2017 Amended Area as an area of blight and appropriate for blight remediation. The land in the 2017 Amended Area, also known as the Orchard Street District, has been the subject of city planning efforts recently, and is characterized by a mix of single and multi -family residences. In 2008, historic flooding of the Iowa River inundated nearby parts of the Rhfi2side Drive Urban Renewal Area and businesses along the river. The City is still in tkse__pproce`ss of flood mitigation and making changes to improve all vehicular, bike and pedestriaib' t�fficalaysV he area with planned streetscape renovations from Myrtle Street on the north (el4ghway 6 on -the south, and a pedestrian tunnel through the Iowa Interstate Railway's large-i.es#le embagment on the west side of Riverside Drive. -3- "` cn 11 There has been a lack of investment in the area over the years as declining valuations illustrate. The area has inadequate infrastructure for walking and biking; duplexes along Orchard Street have auto -oriented frontages with large garages and driveways that interrupt the sidewalk, and front yard parking is common; there are older single family homes with no street frontage and no pedestrian access; there is an abrupt change from low -scale single family to high intensity mixed-use and commercial redevelopment anticipated along Riverside Drive; and finally, current zoning does not create an incentive for redevelopment. Taken together, these factors substantially impair and hinder sound property growth and redevelopment of the 2017 Amended Area, resulting in declining tax revenues, and decreasing private capital investments. In 2016, the Orchard Subdistrict was amended into Riverfront Crossings Master Plan of the Comprehensive Plan which allowed for the implementation of a new form -based zoning district. The rezoning to a form -based code in the neighborhood, along with the neighborhood's inclusion in an urban renewal area are tools to spur reinvestment in the area. SECTION 5 - PROPOSED URBAN RENEWAL PROJECTS o C Although certain projects may occur over a period of years, in acdltiqn f6 he projects previously proposed in the Plan, as amended, the following proceed urban[— renewal projects are hereby added to the Plan: 1. Public Improvements: Project Approximate Estimated cost Rationale Date Streetscape improvements on 2017-2018 Not to exceed Safety enhancement Riverside Drive between Myrtle $821,000 to increase walkability Avenue and US 6/Highway 1 of neighborhood and intersection separate pedestrian and bicycle traffic from state Highway 1. West Riverbank 2018 Not to exceed Environmental and Stabilization/Trail-Highway 6 $4,760,000 safety enhancement Benton that will stabilize river bank and provide greater connectivity in the community. Iowa River Trail, Benton St — 2019 $2,258,000 Safety enhancement Sturgis Park to increase the walkability of neighborhood and separate pedestrian and bicycle traffic from state Highway 1. Myrtle and Riverside 2017 $900,000 Safety enhancement Intersection signalization to improve pedestrian connective across n �1 Riverside Drive Total Not to exceed $8,739,000 SECTION 6 - DEBT 1. I FY 2017 constitutional debt limit: $267,511,393 2. Outstanding general obligation debt: $52,295,000 3. Proposed amount of loans, advances, indebtedness or bonds to be incurred: The specific amount of debt to be incurred for the Proposed Urban Renewal Projects has not yet been determined. The Projects authorized in this Amendment are only proposed projects at this time. The City Council will consider each proposed project on a case-by-case basis to a determine if it is consistent with the Plan and in the public's best .� interest. These proposed Projects, if approved, will commence, �< and be concluded over a number of years. In no event will debt be incurred that would exceed the City's debt capacity. It is expected that such indebtedness, including interest thereon, may be financed in whole or in part with tax increment revenues -� from the Urban Renewal Area. Subject to the foregoing, it is Ci estimated that the cost of the Proposed Urban Renewal `1V Projects described above will be approximately as follows: Not to exceed $8,739,000 SECTION 7 - CONFORMANCE WITH LAND USE POLICY AND ZONING ORDINANCES Subsequent to approval of the Riverside Drive Urban Renewal Plan, in 2013, the City updated its comprehensive plan with the adoption of IC2030: Comprehensive Plan Update. The City also adopted the Downtown and Riverfront Crossings Master Plan, a district plan incorporated into the Comprehensive Plan. This district plan governs, in part, this Urban Renewal Area. This Urban Renewal Plan, as amended, is consistent with and in conformance with both the Comprehensive Plan and the district plan. In 2014, the City also adopted a form -based Riverfront Crossings zoning code. Properties located within the Urban Renewal Area may be rezoned to a Riverfront Crossings Zoning designation, which allows for commercial and mixed-use developments. Any rezoning of land within this Area will be consistent with the Comprehensive Plan, including the applicable district plan. SECTION 8 — URBAN RENEWAL PLAN AMENDMENTS -5- 0 If the City of Iowa City desires to amend this Plan, it may do so in conformance with applicable state and local laws. SECTION 9 - EFFECTIVE PERIOD This Urban Renewal Plan Amendment #3 will become effective upon its adoption by the City Council. Notwithstanding anything to the contrary in the Urban Renewal Plan, any prior amendment, resolution, or document, the Urban Renewal Plan shall remain in effect until terminated by the City Council, and the use of incremental property tax revenues, or the "division of revenue," as those words are used in Chapter 403 of the Code of Iowa, will be consistent with Chapter 403 of the Iowa Code. SECTION 10 - REPEALER Any parts of the previous Plan, as previously amended, in conflict with this Amendment are hereby repealed. SECTION 11 - SEVERABILITY CLAUSE If any part of the Amendment is determined to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity of the previously adopted Plan as a whole or the previous amendments to the Plan, or any part of the Plan not determined to be invalid or unconstitutional. IM, \1 N a J m D' CA .3 IM, \1 Attachment 1 Legal Description of the Urban Renewal Area Original Area Beginning at a point on the southeast corner of Sturgis Corner Addition Part II; Thence southerly to the centerline of U.S. Highway 6; Thence westerly along said centerline to its intersection with S. Riverside Drive; Thence continuing westerly along the centerline of State Highway 1 to a point where it intersects with the centerline of Orchard Street extended; Thence northerly along the centerline of Orchard Street to the centerline of the Iowa Interstate Railroad; Thence easterly along said railroad centerline to a point that is 190', more or less, west of the point of intersection of the railroad and the centerline of State Highway1/Riverside Drive; Thence northerly to the north right-of- way line of said railroad; Thence north 118' to the south right-of-way line of S. Riverside Court; Thence north 12.5' to the centerline of S. Riverside Court; Thence west along said centerline to where it intersects with the extension of the west boundary of property described as follows: Commencing 459.5' east of the SW corner of Lot 1; N100% E60% S100'; W60% Ryerson's and Sharp's Subdivision; Thence northerly along said west property line extended to the centerline of Myrtle Ave; Thence east along said centerline, continuing east to the west bank of the Iowa River; Thence southerly along the west bank of the Iowa River to the point of beginning; and the right-of-way of all adjacent roads. 2017 Amended Area The Urban Renewal Area boundary, where applicable, shall not extend to and run along the centerline of Myrtle Avenue, but rather shall extend to and run along the- ortherly right-of-way line of Myrtle Avenue. And That area locally known as the "Orchard District", further described as: r' Beginning at the point where the southern right-of-way of West Benton Se6et m-Aets the western boundary of the original urban renewal area; Thence north Co the Authem boundary of the Iowa Interstate Railway property; Thence west along the southern Railway boundary to the northwest corner of Lot 6 in the Orchard Court Subdivision; Thence south along property lines 264' to the southern right-of-way of the extension of Orchard Court; Thence east 39' along the southern right-of-way of the extension of Orchard Court to the northwest corner of Lot 10, Block 4 in the Cartwright's Addition; Thence south along the property line of Lot 10, Block 4 157.5' to the southwest corner of the same property; Thence east along the southern property lines 217.5' to the southeast corner of Lot 8, Block 4 in Cartwright's Addition; Thence south along the centerline of the vacated alley to the southern right-of-way of West Benton Street; Thence east to the point of beginning. -7- Attachment 2 Map of the Riverside Drive Urban Renewal Area as amended ® Original Urban Renewal Area Riverside Drive Urban Renewal Area ®2017 Amended Urban Renewal Area As Amended —lova River o �1 Illllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllillllll Doc ID: 026756250010 Type: GEN Kind: ORDINANCE Recorded: 06/23/2017 at 03:11:39 PM Fee Amt: $52.00 Pape 1 of 10 Johnson County Iowa Kim Painter County Recorder BK5667 PG156-165 STATE OF IOWA ) ) SS JOHNSON COUNTY ) I, Kellie K. Fruehling, City Clerk of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of Ordinance No.17-4711 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 20th day of June, 2017, is a true and Correct copy, all as the same appears of record in my office. Dated at Iowa City, Iowa, this 215` day of June, 2017. 9 Kel 1e K. Fruehling City Clerk \ord 410 EAST WASHINGTON STREET • IOWA CITY, IOWA 52240-1826 • (319) 356-5000 • FAX (319) 356-5009 xv Db Prepared by. Sylvia Bochner, Planning Intern, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5240 (REZ17-00007) ORDINANCE NO. 17-4711 ORDINANCE FOR A REZONING TO AMEND A PRELIMINARY PLANNED DEVELOPMENT OVERLAY (OPD) PLAN FOR 7.8 ACRES OF PROPERTY LOCATED WEST OF MILLER AVENUE AND SOUTH OF BENTON STREET. (REZ17-00007) WHEREAS, the applicant, Iowa City Cohousing, has requested a rezoning of property located west of Miller Avenue and South of Benton Street to amend a final Planned Development Overlay (OPD) Plan; and WHEREAS, the property was rezoned from Medium Density Single Family Residential (RS -8) to Planned Development Overlay/Medium Density Singly Family Residential (OPD/RS-8) in 2015 for Prairie Hill, a 33 - dwelling unit cohousing development subject to a conditional zoning agreement regarding a) the necessity for a landscaping and tree replacement plan to be reviewed and approved by the City Forester prior to issuance of any building permit for any construction activity on the property; b) the necessity for an agreement with the City for the installation of a sidewalk along Miller Avenue adjacent to the Benton Hill Park; and c) the necessity for review and approval of construction drawings for the private street and the storm water management facility by the City Engineer, prior to the final site plan approval. WHEREAS, these conditions have been satisfied and the applicant will proceed with developing in accordance with those approved plans; and WHEREAS, the proposed amendments allow for 3 additional dwelling units and minor changes to building designs, garage sizes, and 5 additional parking spaces; and WHEREAS, the new units will be built within the previously approved building footprints, with the exception of the additional parking spaces, and there will be no significant changes to building coverage or site design if the amendments are approved; and WHEREAS, the proposed development is consistent with the City's efforts to provide a variety of housing types within the neighborhood and are consistent with the intent of the OPD section of the code; and WHEREAS, the Planning and Zoning Commission has reviewed the proposed rezoning and has recommended approval of this amendment to the OPD Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I APPROVAL. Property described below is rezoned OPD/RS-8 to in accordance with the Preliminary Planned Development Overlay Plan attached hereto and incorporated herein: Lot 3 Ruppert Hills Subdivision to Iowa City, Iowa, in accordance with the plat thereof recorded in Plat Book 46, at page 47, in the records of the Johnson County Recorder's Office, containing 7.80 acres and subject to easements and restriction of record. SECTION II. ZONING MAP. The Building Inspector is hereby authorized and directed to change the zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval and publication of this ordinance by law. Ordinance No. 17-4711 Page 2 SECTION III. CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance, the City Clerk is hereby authorized and directed to certify a copy of this ordinance and to record the same, at the office of the County Recorder of Johnson County, Iowa, at the owner's expense, all as provided by law. SECTION IV. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION V. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION VI. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this 20th day of June , 2017. MA OR ' / Approved by: ,F M �L ATTE , CLERK City Attorney's Office ��^�pfN1ESEPl 0 Ordinance No. 17-4711 Page 3 It was moved by Mims and seconded by Dickens that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x ABSTAIN: Botchway Cole Dickens Mims Taylor Thomas Throgmorton First Consideration 06/06/2017 Votefor passage: AYES: Dickens, Mims, Taylor, Thomas, Throgmorton, Botchway, Cole. NAYS: None. ABSENT: None. Second Consideration _ Vote for passage: Date published 06/29/2017 Moved by Mims, seconded by Dickens, that the rule requiring ordinances to be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the second consideration and vote be waived and the ordinance be voted upon for final passage at this time. AYES: Cole, Dickens, Mims, Taylor, Thomas, Throgmorton. NAYS: None. ABSENT: Botchway. M REVISED FINAL PLANNED DEVELOPMENT AND SITE PLAN PRAIRIE HILL IOWA CITY, IOWA m .o M AT 47. rmry ram.�vra.• osm� 0 I■1 � 1 .Rlr������la ���� `I►.1��,'"-_!111111 _ _ _ _ P. L sa``� • t 1���:�L��I� ®II SFU SFU �•®o SFL SFL ou OU WL , °L sFu sFu m'. SFL SR OL FRADDE,RLL AMYCOHOu IOWA cm. L, hbk DOUGLAS D.RMERT F— l dna ft L A— N SFL SFL -- REVISED TOWNHOUSE ELEVATIONS ENLARGED FRONT COHOUSING AT PRAIRIE HILL A¢hiteaI John F. Shaw aA, LUD M, INC m Revised elevations townhouses TOWNHOMES MUM MARCH 11, 2016 0' 8' 16' 24' RIGHT COHOUSING AT PRAIRIE HILL ArchitectI John F. Shaw NA, LEEOM, INC REAR Revised elevations townhouses TOWNHOMES ENLARGED REAR MARCH 11, 2016 REVISED STACKED FLAT ELEVATIONS COHOUSING AT PRAIRIE HILL ArchitectI John F. Shaw AIA, LEEOAP, INC M Revised elevation FRONT ELEVATION STACKED FLATS MARCH //, 20/6 0 4' B, 12' 16' COHOUSING AT PRAIRIE HILL Architect I John F. Shaw AIA LEEO AP, INC 0 Revised elevation SIDE ELEVATION STACKED FLATS MARCH ll, 20/6 0 • 4 • 8' , 12' 16' G N r COHOUSING AT PRAIRIE HILL ArchitectI John F. Shaw AIA,LEEDAP,INC Revised elevation REAR ELEVATION STACKED FLATS MARCH 11, 2016 0' ..4 8 .12' 16' •�' Doc ID: 026772450009 Type. GEN Kind: SUBDIVISION FeeoAri mta•$47/00/Pape 1tof2949:34 PM Johnson County Iowa Kim Painter County Recorder BK5674 PG404-412 STATE OF IOWA ) ) SS JOHNSON COUNTY ) I, Kellie K. Fruehling, City Clerk of Iowa City, Iowa, do hereby certify that the Resolution attached hereto is a true and correct copy of Resolution No. 17-213 which was passed by the City Council of Iowa City, Iowa, at a special meeting held on the 20th day of June, 2017, all as the same appears of record in my office. Dated at Iowa City, Iowa, this zJ f /L day of Jit,( -k , 2017. Kellie K. Fruehling City Clerk fires 410 EAST WASHINGTON STREET • IOWA CITY, IOWA 52240-1826 • (319) 356-5000 • FAX (319) 356-5009 \(-N Prepared by: Sylvia Bochner, Planning Intern, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5240 (SUB17-00005) RESOLUTION NO. 17-213 Resolution approving final plat of Churchill Meadows Part Four, Iowa City, Iowa. WHEREAS, the owner, CBD, LLC, filed with the City Clerk the final plat of Churchill Meadows Part Four, Iowa City, Iowa, Johnson County, Iowa; and WHEREAS, said subdivision is located on the following -described real estate in Iowa City, Johnson County, Iowa, to wit: LOTS 13 THROUGH 24, LOTS 29 THROUGH 31, AND LOTS 39 THROUGH 42 OF CHURCHILL MEADOWS PARTS TWO AND THREE LOCATED IN THE EAST ONE-HALF OF THE NORTHEAST QUARTER OF SECTION 7, TOWNSHIP 79 NORTH, RANGE 5 WEST, OF THE FIFTH PRINCIPAL MERIDIAN WHEREAS, the Neighborhood and Development Services Department 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 (2017) 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. 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. �q Resolution No. —12-213 Page 2 Passed and approved this 20th day of June 2017. MOOR Approved by ATTE �S Cl CLERK /) City Attorney's Office 6 /c� h 7 It was moved by Mims adopted, and upon roll call there were: AYES: and seconded by Dickens the Resolution be NAYS: ABSENT: x Botchway Cole Dickens Mims Taylor Thomas Throgmorton pcdnemplatwlSUB17-0D005 Churchill meadcx rmol0cn.dcc.dcc 1q SUBDIVIDER'S AGREEMENT CHURCHILL MEADOWS PART FOUR, IOWA CITY, IOWA THIS AGREEMENT made by and between CBD 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: Churchill Meadows Part Four is a resubdivision of certain lots previously platted within Churchill Meadows Parts Two and Three. All of the requirements of the Subdivider's Agreement for Churchill Meadows Parts Two and Three, recorded with other documents at Book 5492, Page 124, remain in full force and effect as to the lots now in Churchill Meadows Part Four. A release by the City of obligations required under the Subdivider's Agreement for Churchill Meadows Parts Two and Three shall be and act as a release of the same obligations for the lots in Churchill Meadows Part Four, if such lots are specifically named in the release or if the release applies to all of Churchill Meadows Parts Two and Three. 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 as of this ( day of June, 2017. OWNER: CBD LLC by: "4 ff-deClark, Mem er and Man ger CITY: ATTEST: By: James Throgmor on, Mayor ��� �( jiueh/i Deputy City k Approved by: 4,64� Ci y Attorney 11 A STATE OF IOWA ss: JOHNSON COUNTY This instrument was acknowledged before me on the –L—( day of June, 2017 by Jeffrey Clark, Member and Manager of CBD LLC. �A Notary Pu is in and for said State at"o PAWN MARIE LAIR Commission Number 787138 MY Commission Expires ow Nooember21, 2D17 STATE OF IOWA ) ) ss: JOHNSON COUNTY ) This instrument acknowledged before me this ZC-� day of June, 2017, by James Throgmorton and /<p,1r /� %Tln4 , as the Mayor and Deputy City Clerk, respectively, of the City of Iowa City, Iowa. 5 �L *0* WENovS.MAVER Notary Pubic in and for sai State Commission Number 729428 My Co issi Ex Y IS pires �1 OA OWNER'S CERTIFICATE The undersigned, CBD LLC, requests approval of the subdivision known as Churchill Meadows Part Four, said subdivision shown on the final plat thereof, to which this document is attached, and is a subdivision of the following described property: LOTS 13 THROUGH 24, LOTS 29 THROUGH 31, AND LOTS 39 THROUGH 42 OF CHURCHILL MEADOWS PARTS TWO AND THREE LOCATED IN THE EAST ONE-HALF OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 71 TOWNSHIP 79 NORTH, RANGE 5 WEST, OF THE FIFTH PRINCIPAL MERIDIAN, IOWA CITY, JOHNSON COUNTY, IOWA, ACCORDING TO THE PLAT THEREOF RECORDED IN BOOK 60, PAGE 131, PLAT RECORDS OF JOHNSON COUNTY, IOWA. SAID CHURCHILL MEADOWS PART FOUR CONTAINS 208,674 SQUARE FEET (4.79 ACRES), AND IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. The undersigned further states that this subdivision is made with the free consent and in accordance with the desire of CBD LLC, owner of the land included within the subdivision. The streets and easements are hereby dedicated to the public as provided for by Section 354.19 of the Code of Iowa (2017). Dated as of this day of June, 2017. CBD LLC by: J/ffjVeVClark, Member and Manager STATE OF IOWA ) )ss: JOHNSON COUNTY ) This instrument was acknowledged before me on the I day of June, 2017, by Jeffrey Clark, Member and Manager of CBD LLC. /I i Notary Publ &"A/n and for the State of Iowa 113AWN MARIE LAIR missfonNumber787138My commission Expires November27,2077 CERTIFICATE OF COUNTY AUDITOR APPROVAL OF SUBDIVISION NAME I, Travis Weipert, Johnson County Auditor, approve the name Churchill Meadows Part Four with reference to the property described below as of the date of this certificate. LOTS 13 THROUGH 24, LOTS 29 THROUGH 31, AND LOTS 39 THROUGH 42 OF CHURCHILL MEADOWS PARTS TWO AND THREE LOCATED IN THE EAST ONE-HALF OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 7, TOWNSHIP 79 NORTH, RANGE 5 WEST, OF THE FIFTH PRINCIPAL MERIDIAN, IOWA CITY, JOHNSON COUNTY, IOWA, ACCORDING TO THE PLAT THEREOF RECORDED IN BOOK 60, PAGE 131, PLAT RECORDS OF JOHNSON COUNTY, IOWA. SAID CHURCHILL MEADOWS PART FOUR CONTAINS 208,674 SQUARE FEET (4.79 ACRES), AND IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. Dated as of this day of June, 2017 Travis Weipert County Auditor by: Deputy �q 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. LOTS 13 THROUGH 24, LOTS 29 THROUGH 31, AND LOTS 39 THROUGH 42 OF CHURCHILL MEADOWS PARTS TWO AND THREE LOCATED IN THE EAST ONE-HALF OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 7, TOWNSHIP 79 NORTH, RANGE 5 WEST, OF THE FIFTH PRINCIPAL MERIDIAN, IOWA CITY, JOHNSON COUNTY, IOWA, ACCORDING TO THE PLAT THEREOF RECORDED IN BOOK 60, PAGE 131, PLAT RECORDS OF JOHNSON COUNTY, IOWA. SAID CHURCHILL MEADOWS PART FOUR CONTAINS 208,674 SQUARE FEET (4.79 ACRES), AND IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. Dated as of this /4 day of June, 2017. � qd-u Thomas L. Kriz, County Treasurer &ffr Deputy Parcel #: 0907206001 0907207003 0907206002 0907207004 0907206003 0907208001 0907206004 0907208002 0907206005 0907208003 0907206006 0907208004 0907206007 0907209001 0907206008 0907209002 0907207001 0907209003 0907207002 R ATTORNEY'S TITLE OPINION Re: Churchill Meadows Part Four located in Iowa City, Johnson County, Iowa, and legally described as follows: LOTS 13 THROUGH 24, LOTS 29 THROUGH 31, AND LOTS 39 THROUGH 42 OF CHURCHILL MEADOWS PARTS TWO AND THREE LOCATED IN THE EAST ONE-HALF OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 7, TOWNSHIP 79 NORTH, RANGE 5 WEST, OF THE FIFTH PRINCIPAL MERIDIAN, IOWA CITY, JOHNSON COUNTY, IOWA, ACCORDING TO THE PLAT THEREOF RECORDED IN BOOK 60, PAGE 131, PLAT RECORDS OF JOHNSON COUNTY, IOWA. SAID CHURCHILL MEADOWS PART FOUR CONTAINS 208,674 SQUARE FEET (4.79 ACRES), AND IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. I, Erek P. Sittig, 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 May 16, 2017, and as of that date the abstract shows that fee title to the above-described property is in CBD LLC. I further certify that, except as may be stated above, the property is free from encumbrance. Dated as of this day of June, 2017. Lilzrr_�_ Erek P. Sitt g A Doc ID: 026782560002 Type: GEN Kind: DECISION Recorded: 07/17/2017 at 11:23:00 AM Fee Amt: $12.00 Pape 1 of 2 Johnson County Iowa Prepared by Sarah Walz, Associate Planner, 410 E. Washington, Iowa City, IA 52240; 319/356-5230 Kim Painter County Recorder 8K 5 678 PG205-206 DECISION IOWA CITY BOARD OF ADJUSTMENT WEDNESDAY, June 14, 2017 EMMA J. HARVAT HALL MEMBERS PRESENT: Becky Soglin, Connie Goeb, T. Gene Chrischilles, Tim Weitzel, Bryce Parker N 0 MEMBERS ABSENT: Noner, STAFF PRESENT: Sue Dulek, Sarah Walz c7 < - --t � ca OTHERS PRESENT: None e 71 -v Q SPECIAL EXCEPTION ITEMS: t xr Zr. EXC17-00004: A public hearing regarding an application submitted by Mukunda Ka'n1amneni to amend the conditions of a previously approved special exception, which required a barrier/gate to located on property located in the Community Commercial (CC -2) zone at 1410 Waterfront Drive. The Board concludes that a gate installed to block access across the subject property no longer serves its intended function—it is obsolete—and therefore the special exception should be amended by removing the requirement for a traffic barrier based on the following findings: • In 1997, the property at 1410 Waterfront Drive was granted a special exception (EXC97- 00003) to allow a vehicle repair use with a condition requiring a six inch (6") curb to be established along a designated portion of the property at 1410 Waterfront Drive. The requirement was intended to reduce the amount of cut -through traffic between Waterfront Drive and Gilbert Street and to discourage traffic at an intersection with a high crash rate. • In 1998, the Board granted an amendment to the original special exception, removing the requirement for a 6 -inch curb and substituting a gate or fence along a portion of the property (EXC98-00029). • In 2016, the adjacent CC -2 commercial area to the west of 1410 Waterfront Drive was redeveloped and the western portion of Waterfront Drive was vacated and the intersection of Waterfront Drive and Gilbert Street removed. As part of the development a new curb cut was established further to the south on Gilbert Street in order to provide ingress and egress. A new private drive provides circulation between Gilbert Street and the remaining portion of Waterfront Drive to the east, bypassing the gated portion of the subject property. DISPOSITION: By a vote of 5-0 the Board approves a request to amend special exception EXC98-00029 to remove a requirement that the property provide "a physical traffic barrier [gate] ... to prevent the property from becoming an access between the two portions of Waterfront Drive:' Staff will present a resolution to the City Council to approve the termination of a 1999 agreement to install the traffic barrier that was recorded on September 23, 1999 in Book 2833, Page 38 in the office of the Johnson County Recorder. NO 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. >y - STATE OF IOWA JOHNSON COUNTY Approved by: City Attorney's Office I, Kellie Fruehling, City Clerk of the City of Iowa City, do hereby certify that the Board of Adjustment Decision herein is a true and correct copy of the Decision that was passed by the Board of Adjustment of Iowa City, Iowa, at its regular meeting on the 14th day of June 2017, as the same appears of record in my Office. Dated at Iowa City, this �Jday of -,20/7 Kellie K. Fruehling, ff y Clerk VV rl r r N Q � li-gC n t r— n� M M TD tV m ii►►i►►ilii►i►iii►►ii►ii►i►►iiiii►►►ii►iii►►iii►►iii►►iii►►iii►►gi►i►►i►iiii►►► Doc ID: 025750000045 Type. GEN Kind: SUBDIVISION Recorded: 07/13/2017 at 12:02:34 PM FeeAmtJohnson County110owaGe 1 of 45 Kim Painter County Recorder BK5677 PG230-274 FC(' S4 -'L P I �1- p l< �Q STATE OF IOWA ) )SS JOHNSON COUNTY ) I, Kellie K. Fruehling, City Clerk of Iowa City, Iowa, do hereby certify that the Resolution attached hereto is a true and correct copy of Resolution No.17-224 which was passed by the City Council of Iowa City, Iowa, at a special meeting held on the 5th day of July, 2017, all as the same appears of record in my office. Dated at Iowa City, Iowa, this /:% -fi1 day of July, 2017. � alv +KelFru:htlg 'Wr ; , fires CORMTE M 410 EAST WASHINGTON STREET • IOWA CITY, IOWA 52240-1826 • (319) 356-5000 • FAX (319) 356-5009 ,7� 2. Prepared by: Karen Howard, Associate Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5251 (SUB17- 00010) Resolution No. 17-224 Resolution Approving Final Plat Of The Crossings, Phase One and Phase Two, Iowa City, Iowa. Whereas, the owners, 1201 Gilbert, LLC, 1225 Gilbert, LLC, and 1301 Gilbert LLC, filed with the City Clerk the final plat of The Crossings, Phase One and Phase Two, Iowa City, Iowa, Johnson County, Iowa; and Whereas, said subdivision is located on the following -described real estate in Iowa City, Johnson County, Iowa, to wit: THAT PORTION OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 15, TOWNSHIP 79 NORTH, RANGE 6 WEST OF THE FIFTH PRINCIPAL MERIDIAN, IOWA CITY, JOHNSON COUNTY, IOWA DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF BLOCK 3 IN COOK, SARGENT AND DOWNEY'S ADDITION TO IOWA CITY, JOHNSON COUNTY, IOWA IN ACCORDANCE WITH THE PLAT THEREOF RECORDED IN DEED BOOK 16, AT PAGE 84 OF THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE; THENCE S 01°00'12"E ALONG THE WEST LINE OF GILBERT STREET, A DISTANCE OF 79.64 FEET FOR THE POINT OF BEGINNING; THENCE CONTINUING S01000'12"E ALONG SAID WEST LINE, A DISTANCE OF 693.54 FEET TO A POINT OF CURVATURE; THENCE SOUTHERLY ALONG SAID WEST LINE HAVING A RADIUS OF 750.00 FEET, AN ARC DISTANCE OF 156.83 FEET TO A FOUND IRON ROD ON THE NORTHERY RIGHT OF WAY LINE OF US 6; THENCE N72°16'17"W ALONG SAID NORTHERLY RIGHT OF WAY LINE OF US 6, A DISTANCE OF 324.29 FEET TO A FOUND IRON ROD; THENCE N43°15'29"W ALONG SAID NORTHERLY RIGHT OF WAY LINE OF US 6, A DISTANCE OF 46.17 FEET TO A FOUND IRON ROD; THENCE N67°06'49"W, A DISTANCE OF 193.29 FEET TO THE EASTERLY TOP OF BANK OF RALSTON CREEK AS LOCATED; THENCE N30057'31"E ALONG SAID EASTERLY TOP OF BANK OF RALSTON CREEK AS LOCATED, A DISTANCE OF 14.97 FEET; THENCE N15°18'43"E ALONG SAID EASTERLY TOP OF BANK OF RALSTON CREEK AS LOCATED, A DISTANCE OF 269.31 FEET; THENCE N05039'48"E ALONG SAID EASTERLY TOP OF BANK OF RALSTON CREEK AS LOCATED, A DISTANCE OF 235.71 FEET; THENCE N13°31'30"E ALONG SAID EASTERLY TOP OF BANK OF RALSTON CREEK AS LOCATED, A DISTANCE OF 109.40 FEET; THENCE N06014'53"E ALONG SAID EASTERLY TOP OF BANK OF RALSTON CREEK AS LOCATED, A DISTANCE OF 99.73 TO THE NORTH LINE OF SAID BLOCK 3; THENCE N88°40'16E ALONG SAID NORTH LINE OF BLOCK 3, A DISTANCE OF 260.29 FEET; THENCE S01°02'38"E, A DISTANCE OF 79.64 FEET; THENCE N88°40'16"E, A DISTANCE OF 119.91 FEET TO THE POINT OF BEGINNING. SAID PROPERTY CONTAINING 8.43 ACRES, AND SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. Whereas, the Neighborhood and Development Services Department 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 (2015) and all other state and local requirements. Resolution No. 17-224 Page 2 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 accepts dedication of the outlots in accordance with 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 5th day of July , 2017, Ma or Approved by Aft -e c City Clerk !� 4aAttomey's Office Wj 75�77 It was moved by Taylor and seconded by Cole the Resolution be adopted, and upon roll call there were: Ayes: i7 X X X X X X Nays: Absent: Botchway Cole Dickens Mims Taylor Thomas Throgmorton OF COUNTY AUDITOR The undersigned hereby certifies that I am the duly elected, qualified and acting auditor of Johnson County, Iowa. That the name of The Crossings, Phase One and Phase Two, Iowa City, Johnson County, Iowa, is sufficiently succinct and unique and may be used for the name of a subdivision in Johnson County, Iowa, under Section 354.6(2), Code of Iowa. DATED at Iowa City, Iowa, this ( day of 4y.p , 2017. —� ditor-�� Johnson County, Iowa TEG/Clients/1201.1225.1301GIlbeztDDC/TheCmssings/AUDITOR'S CERT0517 TREASURER'S RE: The Crossings, Phase One and Phase Two, Iowa City, Johnson County, Iowa and legally described as follows: THAT PORTION OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 15, TOWNSHIP 79 NORTH, RANGE 6 WEST OF THE FIFTH PRINCIPAL MERIDIAN, IOWA CITY, JOHNSON COUNTY, IOWA DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF BLOCK 3 IN COOK, SARGENT AND DOWNEY'S ADDITION TO IOWA CITY, JOHNSON COUNTY, IOWA IN ACCORDANCE WITH THE PLAT THEREOF RECORDED IN DEED BOOK 16 AT PAGE 84 OF THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE; THENCE S01'00"12'E ALONG THE WEST LINE OF GILBERT STREET, A DISTANCE OF 79.64 FEET FOR THE POINT OF BEGINNING; THENCE CONTINUING S01'00"12'E ALONG SAID WEST LINE, A DISTANCE OF 693.54 FEET TO A POINT OF CURVATURE; THENCE SOUTHERLY ALONG SAID WEST LINE HAVING A RADIUS OF 750.00 FEET, AN ARC DISTANCE OF 156.83 FEET TO A FOUND IRON ROD ON THE NORTHERLY RIGHT OF WAY LINE OF US 6; THENCE N72'16"17°W ALONG SAID NORTHERLY RIGHT OF WAY LINE OF US 6, A DISTANCE OF 324.29 FEET TO A FOUND IRON ROD; THENCE N43'15"29°W ALONG SAID NORTHERLY RIGHT OF WAY LINE OF US 6, A DISTANCE OF 46.17 FEET TO A FOUND IRON ROD; THENCE N67'06"49°W, A DISTANCE OF 193.29 FEET TO THE EASTERLY TOP OF BANK OF RALSTON CREEK AS LOCATED; THENCE N30'57"31'E ALONG SAID EASTERLY TOP OF BANK OF RALSTON CREEK AS LOCATED, A DISTANCE OF 14.97 FEET, THENCE N35'18"43"E ALONG SAID EASTERLY TOP OF BANK OF RALSTON CREEK AS LOCATED, A DISTANCE OF 269.31 FEET, THENCE NOS'39"48°E ALONG SAID EASTERLY TOP OF BANK OF RALSTON CREEK AS LOCATED, A DISTANCE OF 235.71 FEET; THENCE N13'31"30'E ALONG SAID EASTERLY TOP OF BANK OF RALSTON CREEK AS LOCATED, A DISTANCE OF 109.40 FEET; THENCE N06'14"53E ALONG SAID EASTERLY TOP OF BANK OF RALSTON CREEK AS LOCATED, A DISTANCE OF 99.73 TO THE NORTH LINE OF SAID BLOCK 3; THENCE N88'40"16E ALONG SAID NORTH LINE OF BLOCK 3, A DISTANCE OF 260.29 FEET; THENCE SOl'02"38°E, A DISTANCE OF 79.64 FEET; THENCE N88'40"16E, A DISTANCE OF 119.91 FEET TO THE POINT OF BEGINNING. SAID PROPERTY CONTAINING 8.43 ACRES, AND SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. I Thomas L. Kriz, Johnson County Treasurer, certify that all Johnson County real estate taxes have been paid with reference to the above-described property as of the date of this Certificate. DATED at Iowa City, Iowa, this day of, -S- 2017. Thomas L. Kriz, Treasurer Johnson County, Iowa TSG/Clients/1201.1225.1301Gilbe,tLLC/TheCr.ssings/TREASURER'S CERT0517 v\ 0 ATTORNEY'S TITLE OPINION RE: The Crossings, Phase One and Phase Two, Iowa City, Johnson County, Iowa and legally described as follows: See Exhibit "A" attached hereto I, Timothy S. Grady, 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 and said abstract shows that the fee title to the above-described property is as follows: 1. That portion of the above-described property shown as Lot 1 and Outlot C of the Final Plat of The Crossings, Phase One and Phase Two, Iowa City, Johnson County, Iowa is in 1301 Gilbert, L.L.C., subject to the following liens: a. A Mortgage dated May 5, 2017 and recorded May 12, 2017 in Book 5648, Page 88, Records of the Johnson County Recorder executed by 1301 Gilbert, L.L.C. in favor of University of Iowa Community Credit Union. 2. That portion of the above-described property shown as Lot 2 and Outlots A and D of the Final Plat of The Crossings, Phase One and Phase Two, Iowa City, Johnson County, Iowa, is in 1225 Gilbert, L.L.C., subject to the following liens: a. A Mortgage dated May 13, 2016 and recorded May 27, 2016 in Book 5510, Page 336, Records of the Johnson County Recorder executed by 1225 Gilbert, L.L.C. in favor of University of Iowa Community Credit Union. This Mortgage has been re-recorded for correctional purposes in Book 5645, Page 968. b. An Assignment of Rents dated May 13, 2016 and recorded May 27, 2016 in Book 5510, Page 347, Records of the Johnson County Recorder executed by 1225 Gilbert, L.L.C. in favor of University of Iowa Community Credit Union. This Assignment has been re-recorded for correctional purposes in Book 5645, Page 980. C . A Mortgage dated April 7, 2017 and recorded April 17, 2017 in Book 5637, Page 804, Records of the Johnson County Recorder executed by 1225 Gilbert, L.L.C. in favor of University of Iowa Community Credit Union. d. An Assignment of Rents dated April 7, 2017 and recorded April 17, 2017 in Book 5637, Page 817, Records of the Johnson County Recorder executed by 1225 Gilbert, L.L.C. in favor of University of Iowa Community Credit Union. 3. That portion of the above-described property shown as Lots 3, 4, 5, 6 and 7 and Outlots B, E, F, G and H of the Final Plat of The Crossings, Phase One and Phase Two, Iowa City, Johnson County, Iowa, is in 1201 Gilbert, L.L.C., subject to the following liens: a. A Mortgage dated May 28, 2015 and recorded June 3, 2015 in Book 5372, Page 369, Records of the Johnson County Recorder and executed by 1201 Gilbert, L.L.C. in favor of Hills Bank and Trust Company. DATED at Iowa City, Iowa this `(► day of ZS�%-k^Q 2017. Timothy S. rady, AT0002956 LEFF LAW FIRM, L.L.P. 222 South Linn Street Iowa City, Iowa 52240 Telephone: (319) 338-7551 Facsimile: (319) 338-6902 e-mail: tgrady@lefflaw.com TSG/Clients/1201,1301,1225 i1 rtL /TheCrosaings//AttyTitleOp/0517 N a2iOoaa 30 SNOI10i'dissa MV SSNaKaSKHH oI IOHPanS aNV 'SaUDV EV'8 JNINIVINOO %IU33O2ia aIVS *oNINNioaa 30 INIOd URI OS 5333 16.6TT a0 HONvisia v 'H9T,,OV,88N HONHHI !IHHa V9'6L a0 mowmSIa K 'H,BE,ZO TOS HONHHI 'IHHa 6Z'09Z ao aoxv.%SIa K 'c ?TOOTS a0 HNI'I HI-dON aIVS 9NOTa H9T..OV BBN HONHHS !E moo'IH aIvs aO HNI'I HI'd0N HHS OS EL' 66 aO HONKISIa V ' (IaMVDO'I SV RMED NOISTVH aO xava aO dos xTdamsva aIvs 9NOTd HE5u5T 90N HONHHI -'IHHa OV'60T ao 3ONKISIa K ' aaLvoori SK maaa0 NOIS'IF u aO xNva aO a0I xrmamsva CIIVS SNOW 3,OEuTE,ETN HONHHI !IHHa TL'SEZ a0 HONFIISIa v 'aaivooZ sv mama0 NOISTda 30 mava ao aom ]CrmamSEIa aIKS ONo'IK H,BV,6£ SON HONHHI !IH3a TE'69Z aO 3ONKISIa K 'aaivoo'I SK xasa0 NOIS'Im aO 3INKH aO am XT93ISVa UIVS ONOW H,EV ,BT STN HONHHI -'I33a L6' VT ao 3ONKISIa 'd ' aaxvooz sv maau0 NOZS'IF u ao xNV9 30 dOI XTdgISVa aIKS SNOW H,TEuLS,OEN HONHHI 'aHMVDO'I SV 'AMMO NOIS7VU aO XNVU aO a0I Xri'HHIS a HHI OS IHHa 6Z'E6T a0 HONKISIa v 'M,6Vu90.LM HONHHS aO,d NOTII aNnoa v OS IHHa LT -9f, a0 H0NVISIa V '9 Sn aO HNI'I Xvm a0 IHOIU I HHHM'dON aIKS 9NOTd M,6Z ,5T ,EVN HONHHI .1aou NOui axfioa V OI IHHa 6Z'VZE aO H0N'dISIa V '9 sn ao HNIa ZVM a0 IHOIU X'niHHM'dON aIvs ONOTd M,LT119T ZLK HONHHI !g Sn a0 HNI'I xvm a0 IHJI'E Xrl-dHHI'dON URI No aOu xodj aN11Oa K OI I3Ha E8'9ST a0 aoxvISIa Ouv N'd 'IHHa 00'09L a0 SRIavu v 9NIAvH HNI'I ISHM aIvs 9NO'Pd xriaaHmaos HONHHI !aunmvAunO ao INIOa v oI IHHa V4'E69 a0 az)mvlSIa v 'HNI'I Ism aivs ONOW H,ZT. OO ATOS ONInNIINOO HONHHI !9NINN oaa ao INIoa HHI Wa IHH3 V9'6L ao aoNvmsia v liaa%dIS aaaano ao HNI'I ISHM HHI JNO'IK H,Ziu00 TOS HONHHI 'HOIaao s,,aacaooa i AINnOO NOSNHOP HHI a0 scrdooau URI ao VB H9Kd IK 9T ?IOOH aHHa NI aHadooau aoauaHI MVrla URI HIIM HONvcDio0Ov NI vmoi ' SINnOo NOSNHOL' ' 7CII0 vmoi OI NOIIIQa'd S zaku4oa MW INHOUVS 'AOOO NI E )TOOTH aO UaMO0 ISVZHI-60N URI my 9NI0NHmoo :SMOTIOa SV allZIUOSHa VMOI 'XIMOO NOSNHOP 'XIIO KMOI 'NVIQIdHK avaIomua HIaia URI ao ISHM 9 aoNvu 'HI'dON 6L dIHSNMOI 'ST NOIIOHS aO UHIUVna ISHMHIROS URI aO uai-dvfla isvaHmdoN HHI a0 xoiiuOd mvHm "Vit I28TH%H MORTGAGEE CONSENT TO SUBDIVISION The undersigned, Hills Bank and Trust Company, is a Mortgagee of a Mortgage from 1201 Gilbert, L.L.C., dated May 28, 2015 and recorded June 3, 2015, in Book 5372, Page 369, records of the Johnson County Recorder's Office. Said Mortgage covers a portion of the property included in the subdivision designated as The Crossings, Phase One and Phase Two, Iowa City, Johnson County, Iowa. The undersigned Mortgagee, pursuant to the provisions of Chapter 359, Code of Iowa, does hereby consent to the platting and subdivision of The Crossings, Phase One and Phase Two, Iowa City, Johnson County, Iowa and hereby releases any and all liens against those portions of the property dedicated to the public, including but not limited to Outlots A, B, C, D, E, F, G and H of said subdivision. DATED at Iowa City, Iowa, this %S day of-,TZ.nt , 2017. STATE OF IOWA ss: COUNTY OF JOHNSON Hills Bank and Trust Company By: <-- ` � Tim D. Finer, Senior Vice President By: Brad Langguth, Senior Vice President This instrument was acknowledged before me on the /O' day of 2017, by lin" A r1rW 1 , and {� as and iO.xie� Va ,4! Gid of Hills Bank and Trust Company. Aw- Notary Public, State of Iowa TSG/Client./1201,1225,1301Gil ertLLC/The roesings/Hortgagee consent0517 IEEE FIARNED Ce�mrda, rlumbnrm ry Expo-aG N� MORTGAGEE CONSENT TO SUBDIVISION The undersigned, University of Iowa Community Credit Union, is a Mortgagee of the following Mortgages and Assignment of Rents: 1. Mortgage dated May 13, 2016 and recorded May 27, 2016 in Book 5510, Page 336, records of the Johnson County Recorder executed by 1225 Gilbert, L.L.C. This Mortgage was re- recorded for correctional purposes in Book 5645, Page 968. 2. An Assignment of Rents dated May 13, 2016 and recorded May 27, 2016 in Book 5510, Page 347, records of the Johnson County Recorder executed by 1225 Gilbert, L.L.C. This Assignment was re-recorded for correctional purposes in Book 5645, Page 980. 3. A Mortgage dated April 7, 2017 and recorded April 17, 2017 in Book 5637, Page 804, records of the Johnson County Recorder executed by 1225 Gilbert, L.L.C. 4. An Assignment of Rents dated April 7, 2017 and recorded April 17, 2017 in Book 5637, Page 817, records of the Johnson County Recorder executed by 1225 Gilbert, L.L.C. 5. A Mortgage dated May 5, 2017 and recorded May 12, 2017 in Book 5648, Page 88, records of the Johnson County Recorder executed by 1301 Gilbert, L.L.C. Said Mortgages and Assignments of Rents cover a portion of the property included in the subdivision designated as The Crossings, Phase One and Phase Two, Iowa City, Johnson County, Iowa. The undersigned Mortgagee, pursuant to the provisions of Chapter 354, Code of Iowa, does hereby consent to the platting and subdivision of The Crossings, Phase One and Phase Two, Iowa City, Johnson County, Iowa and hereby releases any and all liens against those portions of the property dedicated to the public, including but not limited to Outlots A, B, C, D, E, F, G and H of said subdivision. 1 DATED at Iowa City, Iowa, this L(p-+ day of June , 2017. University of Iowa Community Credit Union STATE OF IOWA ) ss: COUNTY OF JOHNSON ) This instrument was acknowledged before me on thellp4h day of Juno 2017, bylj&-17'21-fi Matl''rAln and asVP 8f n Downeep-1 and of University of Iowa Community Credit Union. 2&dws�� LSAM McSORLEY t ry Public, St to of Iowa Commission Number 749994 yC mmi ion Expires TSG/[Marta/1201,1225,1301GS1bartLL /The masa ga/Mortgagee CanaentGICCG/0517 N\ OWNER CERTIFICATION AND DEDICATION OF THE CROSSINGS, PHASE ONE AND PHASE TWO, IOWA CITY, JOHNSON COUNTY, IOWA KNOWING ALL MEN BY THESE PRESENTS: 1201 Gilbert, L.L.C.; 1225 Gilbert, L.L.C.; and 1301 Gilbert, L.L.C.; as owners/subdividers, hereby certify and state that they are the owners, proprietors, and subdividers of the real estate described below and that this application and requested Subdivision is made with the free consent and in accordance with the desires of the owners of the land included within the Subdivision known as The Crossings, Phase One and Phase Two, Iowa City, Johnson County, Iowa, said Subdivision shown on the final plat thereof which is a subdivision of the following described property: See Exhibit "A" attached hereto Owners / Subdividers state that Outlots A, B, C, D and E and the easements in the Subdivision are hereby dedicated to the public. DATED at Iowa City, Iowa, this 1(p day of .__]%.A,"— , 2017. [Execution on following page] 1 v` 1201 Gilbert., LL.C. By: Randy ller, Manage 1225 Gilber L. .C. By: Randy N' ler, Manager By: / Mat&6ew LT. Swift, anager 1301 Gilbert, L. .C. By: Randy ller, Manager By: / -i/0�" I -'s Matthew J. By: Nathaniel J STATE OF IOWA ) ) ss: COUNTY OF JOHNSON ) This instrument was acknowledged before me on 21W.4- k(,# , 2017, by Randy Miller, Manager of 1201 Gilbert, L.L.C. 'ze-Z--� Notary Public, State of Io G: crrn�tioe��6�mber t3�5�7t-:i BIyOp i ` i v` STATE OF IOWA ) ) ss: COUNTY OF JOHNSON ) This instrument was acknowledged before me on 2%W L � o 2017, by Randy Miller and Matthew J. Swift, Managers of 1225 Gilbert, L.L.C. Notary Publi , State of Iow �Y m IMeI n B STATE OF IOWA ) ss: COUNTY OF JOHNSON ) This instrument was acknowledged before me on J w`e. W—' 2017, by Randy Miller, Matthew J. Swift, and Nathaniel J. Kaeding Managers of 1301 Gilbert, L.L.C. ��z 4e,9 Notary Publi , Sta e of Iowa avl �H �`✓' X11. r .nt TSG/Clients/1201,1225,1301GllbertLLC/TheCrgeeinga/ONNER CERTIFICATION AND DEDICATION 02/0517 v� (rdooga d0 SNOIIOIEISTd QNK SINanaSItM OZ IOHPHIIS = ' SZHDV £V'8 smNIKINOo xxaaaodcc alvs ,5NINNI9HH d0 INIOd HHS OS lana 16.611 d0 HOMVISIa V 'H9Tu0V,88N HONHHS 5333 V9'6L d0 HONvisia 'd '3,8£.,ZO.TOS HONHHS !Iaaa 6Z -09Z d0 HONVISla 'd 'E xoo'IH d0 HNIZ Hmuox aIKs ONOTd H9T„OV.88N HONHHI 'E xOO'IH aIKS d0 HNI'I HMUON HHS OZ EL'66 d0 HONKSSIa K 'aumvoOa SK maaao NOSST a do xNva do dos xrmaisvH aivs moan H£SuVT,90N H0NHH5 -IHH3 OV'601 do 3oNKISIa K ' aamvom sv xaaUD NOSSUVU do XRVa do dos xauHmsvz alias SNOW H2OE,.TE,ETN 30NHHI !IHaa TL'SEZ do 3oxvisla K 'aamvoOZ Sia yaauz) NomsT u do Amvg do dos xrrdamSKH aivs 9NOTd H,8V„6E.SON HONHHM ! Iaaa TE' 69Z do soxvmSIa K ' aamvooz SV XaaldO NOISaVa dO xNKB dO d0I x'I2i35sys alias 5N0'IK 3,EV„BT,STN H0N3HI 'IH33 L6'VT 30 HONKSSIa v ' aamvz)o'I sv xHHTio NOIST u dO XXV9 30 dol xrmamsva aIKS ONOTd H,TE„LS,OEN H0NHH5 'aamvooa SV =90 NOISIT9 30 xN'd6 30 dOs Xrfd:gISVa HHS OS SHH3 6Z'E6T d0 HOLMMIa V 'M,61,„90,L9N H0N3H5 aO'd NODI aNROd V OS IHH3 LV 9V d0 HONKISIa V '9 SR d0 HNI'I XV'4 do IHOIU X=Hmuotz aids JNOW M,6Z„9T.EVN HONHHI !aou NOTA amod v OZ 5333 6Z' VZE d0 HONKSSIa v 19 SR d0 HNI'I XVM d0 IHDITI Xrl-daHMUON aIVS 9NOaV M,LT.,9T.ZLN HONHHI !9 SR d0 HNI'I xvm d0 SHOl"d XTdaHmdoN HHI NO and NOTi2 amoa v oI IHHd E8'95T do aoxviSIa 0Ti'd Nv 'SHHd 00'09L d0 SfIlavu K 9NIAvH HNIZ ISHM alias 9NOTd XTUaHIROS HONHHI 'HTll15KATllID d0 INIOd K OS SHHd VS'£69 d0 HONVISIa V 'HNIZ ISHM aIcIS SNOW H,ZT„OO,TOS 9NIRNISNOO HONHHS 'ONINNIaza d0 INIOd 3H5 Wa Maaa V9'6L 30 30NKISIa V 'ISMIS M-daS'II9 d0 MU ISHM HHS 9NOTd H,ZT„OO.TOS HONHHI 'Ho233o S'Eacr o0au x5NR0o NOSNHOr HHS do S(rdooau HHS do V8 HE)'dd my 9T xOOS aaaa Ni aacrao0HTi 3OWdHHS SK'Id HHS HIIM 3ONVOd000V NI KMOI 'XlNROO NOSNHOr 'xIIO dMOI OS NOISIaaK S,xHNMOa = lNaf)uvs 'x000 Ni E x0O'IH d0 uamuOO msvaHlUON HHS Sia 9NIoxamoo smoauoa S'd aaaraosaa 'dMO2 'xSNRoo NOSNHOr 'xIIO KMOI 'NKI(Il'da^I TddIONITid HI323 HHS d0 SSHM 9 H9Nvd ' HITiON 6L dIHSNMOI ' ST NOIIOHS d0 Uald'dRa ISHMHInos HHS d0 UajUKRa ISKHHITION HHS d0 NOII'd0a SEMS "Y” IIHIHxa SUBDIVIDER'S AGREEMENT THE CROSSINGS, PHASE ONE, IOWA CITY, JOHNSON COUNTY, IOWA THIS AGREEMENT, is made by and between 1225 Gilbert, L.L.C. and 1301 Gilbert, L.L.C; hereinafter collectively referred to as "Owners" and/or "Subdividers", 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 The Crossings, Phase One and Phase Two, Iowa City, Johnson County, Iowa, the Owners 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 The Crossings, Phase One (hereinafter referred to as "Subdivision") unless and until Subdivider installs and the City accepts the following improvements to the Subdivision (hereinafter referred to as "Improvements"): A. Storm sewers, sanitary sewer, and watermains as required by the City; B. A 10' wide concrete trail within Outlot A; C. Erosion control measures as required by the City under its ordinances; and D. Pedestrian lighting within Outlot A. 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 Improvements herein shall be in accordance with City specifications, and the obligation shall remain on the Subdivider until completion by the Subdivider and until acceptance by the City, as provided by law. SECTION 2. CONSTRUCTION OF IMPROVEMENTS. All Improvements described in Section 1 of the 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 inspection shall not relieve or release the Subdivider from their responsibility to construct said Improvements pursuant to the approved plans and specifications. Said inspections shall not create a duty or obligation on the part of the City to insure or certify that said improvements are constructed in conformance with said plans and specifications. SECTION 3. SIDEWALK. The Subdivider agrees that it shall install an eight (8) foot sidewalk adjacent to Lot 1 along South Gilbert Street. Said sidewalk shall be constructed according to the plans and specifications approved by the City Engineer and as per 15-3-3; 16-1D and 16-4-1 of the Iowa City Code of Ordinances. Except as provided below, 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(B) of the Iowa City Code of Ordinances. No sidewalk shall be required to be installed adjacent to Lot 2. SECTION 4. NEIGHBORHOOD OPEN SPACE. The City's Neighborhood Open Space Ordinance requires the dedication of .56 acres of land or the payment of a fee in lieu thereof, in connection with the platting of the Subdivision. This requirement is hereby satisfied through: a. the dedication of Outlot A to the City for public right-of-way, which will include park -like amenities (e.g. trail and pedestrian lighting in accordance with Section 1 above) and be integrated into the Riverfront Crossings Park system; and b. the installation of landscaped bioswales on Lot 1, all in accordance with the Iowa City Code of Ordinances and the approved construction drawings. SECTION 5. BUILDING PERMIT AND ESCROW MONIES. If the Subdivider should desire a building permit on any lot in said Subdivision before the Improvements have been installed in said Subdivision, the Subdivider shall deposit with the City Clerk, in escrow, an amount equal to the estimated cost of constructing of said Improvements in said Subdivision, plus ten percent (10%) thereof (hereinafter "Improvements Escrow"). The City Engineer shall determine the amount of the escrow to be collected. In addition to the Improvements Escrow, if Subdivision Erosion Control measures have not been installed in said Subdivision, with ground cover established by growth, the City may require, as a condition to the issuance of the first building permit for construction within said Subdivision, whichever is applicable, 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 lots 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 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 for said Subdivision, the Building Inspector of the City is authorized to issue a building permit for said Subdivision, 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 in said Subdivision pursuant to Section 5, the City in its discretion may require the Subdivider to construct and install the Improvements required for said Subdivision in accordance with Section 1 above. Furthermore, owner shall satisfactorily install the landscaped bioswales required pursuant to Section 4(b) prior to issuance of an occupancy permit for Lot 1. 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 constructing and installing said Improvements exceeds the amount of the escrow, the City shall have a lien and charge against all lots in the Subdivision for the balance of the costs. The City shall refund to the Subdivider any Improvements Escrow monies not used by the City for the construction and installation of the Improvements. SECTION 8. WAIVER. If Subdivider sells or conveys lots in said Subdivision without constructing or installing the Improvements of said Subdivision, the City shall have the right to install and construct said Improvements in said Subdivision. Subdivider acknowledges and agrees that all lots in said Subdivision are specifically benefitted by the Improvements located in said Subdivision so that the cost of installation shall be a lien against all of the lots in the Subdivision. The cost of the Improvements need not meet the requirements of benefit or value as provided by the law of the State of Iowa for assessing such improvement. It is further provided that this requirement to construct the Improvements in said Subdivision is and shall remain a lien against the lots in said Subdivision until properly released as hereinafter provided. v� SECTION 9. IMPROVEMENTS RELEASE. The City agrees that when the Improvements for said Subdivision (specifically The Crossings, Phase One) 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. The 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 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 contemplated in Section 5 above and as may be acceptable to the City. SECTION 10. MISCELLANEOUS. 1. The owners acknowledge the obligation imposed by the Conditional Zoning Agreement recorded in Book 5596, Page 404-414, Records of the Johnson County Recorder's Office to convey Outlots A, C, D to the City of Iowa City, Iowa. 2. The subdivider agrees that public services, including but not limited to street maintenance and snow removal will not be extended to the subdivision until the trail improvements are installed and accepted by the City. 3. All electrical, telephone and cable television service and distribution lines shall be installed underground. 4. 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 11. 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 at Iowa City, Iowa, this � day of, 2017. 1225 Gilbe t, L.C. By: '--Randy lle , Mana r By: A Mabee J. Swift Manager 1301 Gilbert, L.L.C. By: 00, Randy wIlle3f, Manag r m Mat By: Nathanie�JKaedin anage CITY OF IOWA CITY, IOWA, a Municipal Corporation 4::�' By: James A. Throgmorton, Mayor AkVs+'BY Kellie K. Fruehling, City `Clerk C STATE OF IOWA ) ) ss: COUNTY OF JOHNSON ) This instrument was acknowledged before me on the \(c day of !ZS�%Ar-4 _ , 2017, by Randy Miller and Matthew J. Swift, Managers of 1225 Gilbert, L.L.C. Notar .P.u�Lc, State of Iow ammSTATE OF IOWA ) [My ldalnffia /39S1i ss: COUNTY OF JOHNSON ) This instrument was acknowledged before me on the �WwC 2017, by Randy Miller, Matthew J. Swift, Kaeding, Managers of 1301 Gilbert, L.L.C. Notary Public, State of Iowa T11(i�®P691P �. SRF. Gy e 0'aMY 1WlOn tautmee 139912 STATE OF IOWA ss: COUNTY OF JOHNSON I(p day of and Nathaniel J. This instrument was acknowledged before me on the -_- 2_ day of 2017, by James A. Throgmorton and Kellie K. Fruehling as '- I mayor and City Clerk, of the City of Iowa City, a municipal corporation. MNDY S. MAYER Notary Pu ic, State of Io a commissm Number 729028 My Comb ssion spires 1010 1-) - TSG/Client./1201,1225,1301Gi1DertLLC/TheCroseinge/Sub idere Agr0511 �2 pup sueTd aqq oq buTpzoOop IapTATpgnS aqq Aq paTTPgsuT pup pagOnzgsuOO aq TTpgs quauiaazbv agq ;o T uoTgoaS uT pagTzOsap squauianozdutj TTK SIN2WaA0EdHI 30 NOIIDMdySN00 •Z NOI102S •MPT Aq papTAozd sp 'AgTO aqq Aq aouegdaOOP TTqun pup IapTATpgns aqq Aq uoTgaTdiuoo TTqun IapTATpgns agg uo uTpuiaz TTPgs uoTgebTTgo aqq pup suoTgpOT3Toads Agro ggTM aOUPpzoOOP uT aq TTPgs urazaq sguauianozduij aqg TTPgsuT oq uorgpbTTgo aqq gPgg aazbP saTgzed eqy sguauianozduij press 3o UOTgPTTegsuT pup uOTgonzgsuOO TPUTbTzo aqq buTanp quabe s,AgTO GLI-4SpbuTgOp pauiaap aq zapTATpgns aqg TTpgs ION •uTazag anssT qP SquauianozduiT OTTgnd TPUTbTIO aqg TTPgsuT oq AgTO aqg uo quauiaaTnbal L asodurr oq ponlgsuoO aq ITPgs guauiaazbV sTgq uT buTggoN H 4OTgnO uTg4TM buTgLibTT uPTJgsapad *2 pup !ss000p sngpapddp aIT; pup gaazgs ueTzgsapad p sagsTTgpqsa gOTgM 'O goTgnO uo ,�C,B�Z uzagsom aqg uo ggpTM uT gaa; OZ gspaT ge Szanpd snoTnzad •N •papuagxa gaazgS pu000S ;o uoTgzod IPTnoTgan aqg pup AaTTe ggnos -ggzou agenTzd P gsTTgegsa goTgM 'O gOTgno ;o gaa; ,sTT uzagspa aqg Pup H 'g sgOTgnO uo ggpTM uT gaa; ZZ gsPaT qP bUTAPd agazouoo •0 :saoupuTpzo sqT Iapun AgTO aqq Aq palTnbaz se saznseaui TOzquOD uoTsOaZ •0 :ApM xaalO uogsTeg pup gaazgS puooaS ;O uOTgoaszaquT aq-4 qp AgTO aqq Aq palTnbaz se punozp-wing sngezedde azT; e pup g goTgno uTggTM TTezg agazouOD apTM OT P ggTM 'apOO AgTO agq 3O L-9Z-bT Oq buTpz000p paubTsap gaalgs U2Tzgsapad OTTgnd e 'APM xaazO uogsTPg ;O UOTsuagxa g :AgTO aqq Aq pazTnbal SP SUTPuizagPM pup szaMas AIPgTueS v :(„sguauianozdwj„ sp oq pazza;al Iaq;eurazaq) UOTSTATpgnS agq oq squauianozduiT buTMolTo; agq sgdaOOP AITO agq pup 9TT2gsuT zaprnrpgns TTqun pup ssaTun („uoTSTATpgnS„ sp oq pazza;az zag_4 UTazaq) OMy aSPgd 'sbuTSSOao agy UT Sg0T Aup uo gTw.Tad buTpTTnq Aue anssT qou TTpgs AgTO agq 'guauiaazbV sTgg uT papTAOId se gdaoxa 'gPgq pu?T aqq ggTM buTuunz quPUanoO p SP 'aazbp szauMO aqg 'eMoj 'AgunoO uosugor 'AgTO ?MOI 'oMy asegd pup auO aspgd 'sbuTssOIO agy ;O gPTd aqq buTAozdde AgTO aqq ;o uOTgpzapTsuoo uI S,INEWHAOUdWI OIagOd *T NOIyOSS HS3S SSALLIM •„AgTO,, agq paTTPO Iag;PUTazag 'uoTgpzodaOO TpdToTuniu e 'PMOI 'AgTO PMOj A„;azTT ''O"I"I 'gzagTTJ TOZT uaaMgaq pup Aq apeui sT 'yN3WHZSEJK SIHLL FIMOI ' xSNC100 NOSNHOL' 17.110 eMOI 'OMS HSVHd 'SONISSOUD SH1 INaKaH9f)V S UaalAIQffIIS 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 inspection shall not relieve or release the Subdivider from their responsibility to construct said Improvements pursuant to the approved plans and specifications. Said inspections shall not create a duty or obligation on the part of the City to insure or certify that said improvements are constructed in conformance with said plans and specifications. SECTION 3. SIDEWALK. The Subdivider agrees that it shall install an eight (8) foot sidewalk adjacent to all lots in The Crossings, Phase Two along South Gilbert Street. Said sidewalk shall be constructed according to the plans and specifications approved by the City Engineer and as per 15-3- 3; 16-1D and 16-4-1 of the Iowa City Code of Ordinances. Sidewalks shall be installed adjacent to each lot prior to the issuance of an occupancy permit for a building constructed on any lot in the subdivision and shall remain a lien on said lots until installed and released by the City and the release duly recorded in the Johnson County Recorder's office as required by Section 14 -7A -6(B) of the Iowa City Code of Ordinances. SECTION 4. NEIGHBORHOOD OPEN SPACE. The City's Neighborhood Open Space Ordinance requires the dedication of 1.22 acres of land or the payment of a fee in lieu thereof, in connection with the platting of the Subdivision. This requirement is hereby satisfied through: a. the dedication of Outlot B to the City for public right-of-way, which will include park -like amenities (e.g. trail and pedestrian lighting in accordance with Section 1 above) and be integrated into the Riverfront Crossings Park system; b. the dedication of a public pedestrian access easement over the west 248.34' of Outlot G and the installation of a 20' wide pervious paver pedestrian street, pedestrian lighting, and bio -retention system and landscaped bioswales thereon; and C. installation of landscaped bioswales on Lot 7, all in accordance with the Iowa City Code of Ordinances and the approved construction drawings. SECTION 5. BUILDING PERMIT AND ESCROW MONIES. If the Subdivider should desire a building permit on any lot in said Subdivision before the Improvements have been installed in said Subdivision, the Subdivider shall deposit with the City Clerk, in escrow, an amount equal to the estimated cost of constructing of said Improvements in said Subdivision, plus ten percent (100) thereof (hereinafter "Improvements Escrow"). The City Engineer shall determine the amount of the escrow to be collected. 2� In addition to the Improvements Escrow, if Subdivision Erosion Control measures have not been installed in said Subdivision, with ground cover established by growth, the City may require, as a condition to the issuance of the first building permit for construction within said Subdivision, whichever is applicable, 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 lots 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 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 for said Subdivision, the Building Inspector of the City is authorized to issue a building permit for said Subdivision, 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 in said Subdivision pursuant to Section 5, the City in its discretion may require the Subdivider to construct and install the Improvements required for said Subdivision in accordance with Section 1 above. Furthermore, owner shall satisfactorily install those improvements for Outlot G required pursuant to Section 4(b) prior to issuance of any occupancy permit for Lots 3, 4 or 7, and shall satisfactorily install those respective improvements for Lot 7 required pursuant to Section 4(c) prior to issuance of any occupancy permit for Lot 7. 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 constructing and installing said Improvements exceeds the amount of the escrow, the City shall have a lien and charge against all lots in the Subdivision for the balance of the costs. The City shall refund to the Subdivider any Improvements Escrow monies not used by the City for the construction and installation of the Improvements. SECTION 8. WAIVER. If Subdivider sells or conveys lots in said Subdivision without constructing or installing the Improvements of said Subdivision, the City shall have the right to install and construct said Improvements in said Subdivision. Subdivider acknowledges and agrees that all lots in said Subdivision are specifically benefitted by the Improvements located in said Subdivision so that the cost of installation shall be a lien against all of the lots in the Subdivision. The cost of the Improvements need not meet the requirements of benefit or value as provided by the law of the State of Iowa for assessing such improvement. It is further provided that this requirement to construct the Improvements in said Subdivision is and shall remain a lien against the lots in said Subdivision until properly released as hereinafter provided. SECTION 9. IMPROVEMENTS RELEASE. The City agrees that when the Improvements for said Subdivision (specifically The Crossings, Phase One) 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. The 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 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 contemplated in Section 5 above and as may be acceptable to the City. SECTION 10. MISCELLANEOUS. 1. The owners acknowledge the obligation imposed by the Conditional Zoning Agreement recorded in Book 5596, Page 404-414, Records of the Johnson County Recorder's Office to convey Outlots B and E to the City of Iowa City, Iowa. 2. The subdivider agrees that public services, including but not limited to street maintenance and snow removal will not be extended to the subdivision until the trail improvements are installed and accepted by the City. 3. All electrical, telephone and cable television service and distribution lines shall be installed underground. 4. 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 -o£ -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 11. 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 at Iowa City, Iowa, this 'day of , 2017. [Execution on following page] ti\ 1201 Gilbe L. IC. By. Randy M' ler Manager CITY OF IOWA CITY, IOWA, a Municipal Corporation By: I James A. Throgmorton, Mayor .4 bks y Kellie K. Fruehling, City Cler STATE OF IOWA ) ) ss: COUNTY OF JOHNSON ) This instrument was acknowledged before me on the i(P day of 2017, by Randy Miller, Manager of 1201 Gilbert, L.L.C. Notary Public, State of Iowa XE f tidy �rr. %� STATE OF IOWA ) ) ss: COUNTY OF JOHNSON ) This instrument was acknowledged before me on the -- day of 2017, by James A. Throgmorton and Kellie K. Fruehling as Mayor and City Clerk, of the City of Iowa City, a municipal corporation. tS CmWODnV NSuM»,7E2R9ka 028 Notar Y Publ' , State of I a My Com Ia ion irea TSG/Clients/1201,1225,1301Gilb.tTTC/TbeCronsinge/Subdividers W0517 t PUBLIC ACCESS EASEMENT AGREEMENT This Agreement, made and entered into by and between 1201 Gilbert, L.L.C., 1225 Gilbert, L.L.C., and 1301 Gilbert, L.L.C., hereinafter collectively referred to as "Owners", which expression shall include its and its successors in interest and assigns, and the City of Iowa City, Iowa, hereinafter referred to as "the City", which expression shall include its successors in interest and assigns. It is hereby agreed as follows: 1. In exchange for valuable consideration, the receipt of which is hereby acknowledged, Owners hereby grant and convey to the City a public access easement for the purpose of pedestrian and two-way vehicular traffic over and across the areas designated as "Public Access Easement" on the final plat of The Crossings, Phase One and Phase Two, Iowa City, Iowa, except the west 248.34' of Outlot G, which shall be for pedestrian purposes only all of said foregoing easements hereafter described as "easement area". 2. The Owners agree that their successors and assigns, as part of this agreement and as a covenant running with the land, shall at its expense keep the easement area open to allow the free flow of vehicular and pedestrian traffic, as the case may be, over the easement area without obstruction, and keep the easement area in good condition and shall repair and maintain the same as may be appropriate for the purposes for which these easements have been granted. The responsibility for maintenance will include, but is not limited to, keeping the easement area as free as possible of snow, ice, dirt and debris. The City has the right to do any repairs or maintenance not done by Owners, and assess the fees for such repairs and maintenance to Owners and its successors and assigns. 3. Notwithstanding the foregoing, the Owners, and their successors and assigns, may form a nonprofit corporation to be an Owner's Association (Association) through which its maintenance obligation contained herein may be fulfilled. Provided further that the Owners, or its successors and assigns, may convey any portion of the real estate over which the easements run within the Subdivision to the Association, which conveyance will be subject to this Agreement as a covenant running with the land. 4. Owners do hereby covenant with the City that it is lawfully seized and possessed of the real estate above described, and has a good and lawful right to convey it, or any part thereof. 5. Nothing in this Agreement shall be construed to impose a requirement on the City to install the original improvements at issue herein. Nor shall Owners be deemed acting as the City's agent during the original construction and installation of said improvements. Parties agree that the obligation to install the public improvements herein shall be in accordance with City specifications, and the obligation shall remain on Owners until completion by Owners, and until approved by the City. 6. In addition to the rights granted on Paragraph One above, this Easement includes the following: a. City service vehicles are granted a means of ingress, egress, and passage over the easement area. b. The City's Police Department is authorized to ticket, tow or cause to be towed, pursuant to the Code of Iowa or City Code, as amended, any motor vehicle that has been parked or placed upon the easement area in violation of parking laws of the City and the State of Iowa. This agreement shall serve as appropriate notice for such authorization to the City's Police Department under the Code of Iowa or City Code, as amended. Owners shall place the easement and agreement of record as its sole obligation to notify all persons who may improperly park on said easement/access area. c. The City's fire department is granted an easement with the right of access over and across the easement area. Said right of access includes the right of non -emergency access and posting for purposes of enforcing fire safety standards under the Uniform Fire code, as amended. 7. The Conditional Access Easement Agreement previously entered into by 1225 Gilbert, L.L.C. for the benefit of 1201 Gilbert, L.L.C. and recorded in Book 5627, Page 454, Records of the Johnson County Recorder is hereby terminated and shall no longer be of any force and effect. ti\ B. The Temporary Mutual Access Easement Agreement previously entered into by and between the parties hereto and recorded in Book 5627, Page 447, Records of the Johnson County Recorder is hereby terminated and shall no longer be of any force and effect. 9. The parties hereto acknowledge that certain public improvements must be installed over portions of the easement areas and thus this agreement is effective upon the acceptance of said public improvements by the City in accordance with the subdivider's agreements executed contemporaneously herewith. 10. 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-74k—day of 2017. [Execution on following page] 1201 Gilb t, L.L.C.By 44 Rand iller, Manager 1225 Gilbert, L.L.C.0117/ By: Randy elle , Manager By: Matmiewli. Swift, Tanager 1301 Gilbert,.L.C� By: Randy txi ller, Manager By: By: Mattkiew S. Swi Nathaniel J. Kaeding, CITY OF IOWA CITY, IOWA, a Municipal Corporation By: James A. Throgmorton, Mayor STATE OF IOWA ss: COUNTY OF JOHNSON ) This instrument was acknowledged before me on r:3yv.e t(o 2017, by Randy Miller, Manager of 1201 Gilbert, L.L.C. Notary Public, State of Iow r 11MOThY e. `& STATE OF IOWA ) 4tf=C FE6==WelonPfu_.'9 S a99p s s : p MY y COUNTY OF JOHNSON This instrument was acknowledged before me on 2017, by Randy Miller and Matthew J. Swift, Managers of 1225 Gilbert, L.L.C. Notary Pub c, State of Iowa STATE OF IOWA ) s s : X COUNTY OF JOHNSON lily Q�IeA n B � ) This instrument was acknowledged before me on 2017, by Randy Miller, Matthew J. Swift, and Nathaniel J. Kaeding Managers of 1301 Gilbert, L.L.C. Notary Public, State of Iowa STATE OF IOWA*iw ) ss:COUNTY OF JOHNSON ) This instrument was acknowledged before me on the —_ day of 2017, by James A. Throgmorton and Kellie K. Fruehling as Mayor and City Clerk, of the City of Iowa City, a municipal corporation. 28 of 4EM Notary Pub ic, State wa ti\ UNDERGROUND UTILITY EASEMENT In consideration of $1.00 and other valuable consideration, the undersigned hereby grant to the City of Iowa City, Iowa, MidAmerican Energy Company, Mediacom, and Century Link and their successors (hereinafter "Grantees") perpetual easement upon, over, under, along, and across the areas designated on the final plat of The Crossings, Phase One and Phase Two, Iowa City, Johnson County, 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 and such other utility services as the Grantees may deem necessary or desirable below the surface of the ground, and other equipment or appurtenances above the surface of the ground as may be necessary; the right to trim, cut down and remove such trees, brush, saplings and 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 Grantees' 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 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. Any landscaping improvements placed in the easement area, with or without the City approval, may be removed by the City without compensation or replacement. DATED at Iowa City, Iowa, this JG day of aVm , 2017. (Execution of following page] v` 1201 Gilbert, L.L.C. By: andy ller, Manager 1225 By: -2 1301 Gilbe , L.L.C.� By: .� Ji' '-Ira-ndy M�illef, Manager By:! Matthew J. Swift, Manager By: Nathaniel J. Kaedin a ager STATE OF IOWA ss: COUNTY OF JOHNSON ) This instrument was acknowledged before me on �`A.^� �4 , 2017, by Randy Miller, Manager of 1201 Gilbert, L.L.C. Notary Publi , State of Iowa �7FIMIYWpr� Pd�elfEBr 939�t2 . STATE OF IOWA ) ss: COUNTY OF JOHNSON ) This instrument was acknowledged before me on 2017, by Randy Miller and Matthew J. Swift, Managers of 1225 Gilbert, L.L.C. Notaryis State of Iowa/ STATE OF IOWA �&�� s s :e H'urnber 2349vY COUNTY OF JOHNSON ) � Jap^ This instrument was acknowledged before me 2017, by Randy Miller, Matthew J. Swift, and Nathaniel J. Kaeding Managers of 1301 Gilbert, L.L.C. Notary Public, State of Io4a *iw SSG/Clients/1201 1225 1301 Gilbert LLC Utility essesnut THE CROSSINGS, PHASE ONE STORM SEWER EASEMENT AGREEMENT This Agreement, made and entered into by and between 1225 Gilbert, L.L.C., and 1301 Gilbert, L.L.C., hereinafter collectively referred to as "Owners", which expression shall include its and its successors in interest and assigns, and the City of Iowa City, Iowa, hereinafter referred to as "the City", which expression shall include its successors in interest and assigns. IT IS HEREBY AGREED to as follows: For the sum of $1.00 plus other valuable consideration, the receipt of which is hereby acknowledged Subdivider hereby grants and conveys to the City an easement for the purposes of excavating for and the installation, replacement, maintenance and use of storm sewer lines, pipes, mains, and conduits as the City shall from time to time elect for conveying storm sewer water, with all necessary appliances and fittings, for the use in connection with the same, together with adequate protection therefore, and also a right of way with the right of ingress and egress thereto, over and across the areas designated as "Storm Sewer Easement" on the final plat of The Crossings, Phase One and Phase Two, Iowa City, Johnson County, Iowa, hereinafter 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 area to such extent as the City may find reasonably necessary. 2. The right from time to time to trim, cut down and clear away any and all trees and brush on said easement area and also to trim, cut down, and clear away any trees on either side of said easement areas which now or hereafter in the opinion of the City may be a hazard to said easement areas, or which may interfere with the exercise of the City's rights hereunder in any manner. 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 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. Subdivider reserves the right to use said easement areas for purposes which will not interfere with the City's full enjoyment of the rights hereby granted; provided that Subdivider shall not erect or construct any building, fence, retaining wall or other structure, plant any trees, drill or operate any well, or construct any reservoir or other obstruction on said areas, or diminish or substantially add to the ground cover over said easement areas. Any such improvements placed in the easement area, with or without City approval, maybe removed by the City without compensation or replacement. Subdivider does hereby covenant with the City that it is lawfully seized and possessed of the real estate above described, and has good and lawfully right to convey it or any part thereof. Nothing in the agreement shall be construed to impose a requirement on the City to install the original public improvement at issue herein, nor shall Owner/Developer be deemed acting as the City's agent during the original construction and installation of said improvement. Parties agree that the obligation to install the public improvement(s) herein shall be in accordance with city specifications, and the obligation shall remain on the Owner/Developer. The provisions hereof shall inure to the benefit of and bind the successors and assigns of the respective parties hereto, and all covenants shall apply to and run with the land and with the title to the land. Dated this 70 day of v u 2017. [Execution on following page] 122' as By: 1301 Gilbey, L.L.C. By: andy eller managaf By: By: CITY OF IOWA CITY, IOWA, a Municipal Corporation By: James A. Throgmorton, Mayor Kellie K. Fruehling, City Clerk �J STATE OF IOWA ) ) ss: COUNTY OF JOHNSON ) This instrument was acknowledged before me on (-f 2017, by Randy Miller and Matthew J. Swift, Managers of 1225 Gilbert, L.L.C. —ZA 4� Notary Publi , State of Iowaa�r//, STATE OF IOWA ) ss: iP n sa COUNTY OF JOHNSON ) This instrument was acknowledged before me on 'ra, ` (p , 2017, by Randy Miller, Matthew J. Swift, and Nathaniel J. Kaeding Managers of 1301 Gilbert, L.L.C. Notary Public, State of Iowa -- - STATE OF IOWA ss:Fm�n6'daernAh;f COUNTY OF JOHNSON ) This instrument was acknowledged before me on the -7 day of 2017, by James A. Throgmorton and Kellie K. Fruehling as n " or and City Clerk, of the City of Iowa City, a munici),al corporation. :""DYSYERComgnNumDsttW28 Mm qo �pkes�pkes TSG/Clients/1201,1225,1301/CrossigS/Eton ewerEaaemen Notary Pub c, State of Iowa v` Prepared by: Kim Sandberg, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5139 AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT-OF-WAY BETWEEN THE CITY OF IOWA CITY AND 1225 GILBERT, L.L.C. ADJACENT TO 1225 S. GILBERT STREET IN IOWA CITY, IOWA. This Agreement is made by and between 1225 Gilbert, L.L.C., and the City of Iowa City, Iowa, a municipal corporation, hereinafter referred to as "City." WHEREAS, 1225 Gilbert, L.L.C., hereinafter "Owner" is the fee Owner of certain real estate addressed as 1225 S Gilbert Street and legally described as Lot 2, The Crossings Phase One and Phase Two, Iowa City, Iowa; and WHEREAS, a vehicular parking area is located in Outlot D, The Crossings Phase One and Phase Two, Iowa City, Iowa, adjacent to 1225 S Gilbert Street; and WHEREAS, Outlot D has been dedicated by the Developer of The Crossings Phase One and Phase Two to the City for use as public right-of-way; and WHEREAS, Owner desires to utilize Outlot D for vehicular parking; and WHEREAS, Owner has requested the City permit temporary use of a portion of the Gilbert Street right-of-way adjacent to the property; and WHEREAS, the City of Iowa City, Iowa is responsible for the care, supervision, and control of public right-of-way; and WHEREAS, the Department of Public Works has reviewed the site and finds the parking area to be a manageable intrusion into the public right-of-way, and also finds that pedestrian and vehicular traffic will not be materially impeded and will not adversely affect the City's interest therein. NOW, THEREFORE, IN MUTUAL CONSIDERATION OF THE PROMISES HEREIN, OWNER AND THE CITY AGREE AS FOLLOWS: 1. Owner is the fee Owner of certain real estate addressed and legally described as Lot 2, The Crossings Phase One and Phase Two. 2. In consideration of the City's permission herein, City agrees to permit Owner to maintain a vehicular parking area adjacent to Owner's property located within Gilbert Street public right- of-way, all as depicted on Attachments "A" and "B°, as a temporary use of the Gilbert Street public right-of-way. ti\ 3. Owner agrees that in the event the City requires use of any part of the right-of-way for any purpose, and/or must remove any portion of the vehicular parking area, City is not responsible for the restoration of, replacement, or payment of damages to said vehicular parking area, and it shall be the Owner's burden to restore the vehicular parking area at their expense if they choose. 4. Owner acknowledges that it is the City's intention to reconstruct and make improvements to the Gilbert Street corridor at a future date which will require Owner to cease use of the vehicular parking area at such time. 5. Owner agrees to cease use of the vehicular parking area in the Gilbert Street right-of-way when any one of the following events occur: a) Within 30 calendar days after the City gives written notice to the Owner. b) The use of the Owner's property changes and the area described in Attachments "A" and "B" is no longer needed or appropriate as determined by the City in its reasonable discretion or as determined by the Owner If Owner fails to cease use of the vehicular parking area located in the Gilbert Street right- of-way as required, the City may prohibit and restrict the use of the vehicular parking area and any cost associated with such restriction shall be billed to Owner for payment to City. Upon Owner's failure to pay said billing, the costs shall be certified to Johnson County as a statutory lien and assessed against the property and collected in the same manner as a property tax, as provided in Section 364.12(2)(e), Code of Iowa (2017). 6. Owner agrees to maintain the vehicular parking area in good and reasonable repair, and to minimize unreasonable safety hazards to passing pedestrian and vehicular traffic. 7. In the event Owner desires to ever reconstruct the vehicular parking area for any reason, Owner agrees to obtain prior authorization from the Public Works Department. Owner agrees to indemnify, defend and hold the City harmless in connection with any liability whatsoever arising in regard to the installation, maintenance, use, location, regulations or repair of said vehicular parking area, including any liability which the City may incur as a result of its decision to allow use of said vehicular parking area located within the Gilbert Street right-of-way. However, Owner shall not be held responsible as to claims that that the City's actions were ultra vires. Owner is required and agrees to maintain or cause to be maintained liability insurance, in the minimum amount of $1,000,000, with contractual liability coverage included as part of such insurance, and shall furnish a certificate of insurance for that policy, satisfactory to the City. Owner agrees to maintain or cause to be maintained such insurance in force until the vehicular parking area located in the Gilbert Street right-of-way is no longer utilized, and failure to maintain such insurance in force shall automatically terminate the grant of permission contained herein. The parties agree that the City may require reasonable increases in the amount of coverage in order to provide comparable coverage protection in the future. Notwithstanding Paragraph Five (5) above, if the required insurance is not maintained, the City shall have the right to prohibit the use of the vehicular parking area following thirty (30) calendar days prior written notice to Owner. The cost of such removal shall be assessed as a lien against the property and collected as a property tax in the manner provided in Section 364.12(2)(e), Code of Iowa (2017). No compensation shall be provided to Owner for loss of use of the Gilbert Street right-of-way if City determines that the use of Gilbert Street right-of-way shall be returned to the City. ti� 8. Owner acknowledges and agrees that no property right is conferred by this grant of permission to use the public right-of-way; that the City is not empowered to grant a permanent use of its right-of-way for private purposes; and, notwithstanding Paragraph Five (5), that the City may order the restriction of use of the vehicular parking area at any time if, for any reason, the Public Works Director determines that the property upon which the vehicular parking area is located is needed for a public use and/or should be cleared of any and all obstructions. 9. This Agreement shall constitute a covenant running with the land, and shall be binding upon and shall inure to the benefit of the respective heirs, successors in interest, and assigns of both parties. 10. This Agreement for Temporary Use of Public Right -of -Way shall be recorded in the Johnson County Recorder's Office, at City's expense. Dated this �o+� day of u 2017. CITY OF IOWA CITY /l��z-e�c Ronald R. Knoche Public Works Director Approved by: �� x(�r- . 114%ta1 City Attorney's Office 7 4 //7 STATE OF IOWA ) ) ss: JOHNSON COUNTY ) 1225 GILBERL.L.C. - V By: CITY ACKNOWLEDGEMENT On this day of is C� 2017, before me the undersigned, a Notary Public in and for the State of Iowa, Versonally appeared Ronald R. Knoche, to me personally known and who, being by me duly sworn, did say that he is the Public Works Director of the City of Iowa City, Iowa; and that the instrument was signed on behalf of the corporation, by authority of its City Council, as contained in Resolution No. 00-255 passed by the City Council, on the 18"' day of July, 2000, and that Ronald R. Knoche acknowledged the execution of the instrument to be his voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. I A Notary Public in and fort State of Iowa My commission expires: KEU.IE K. 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W i6tYL• W.w . -- 6 3RD Yr. bwt FEf— Doc ID: 026794210009 Type: GEN Kind: RESOLUTION Recorded: 07/26/2017 at 01:30:04 PM Fee Amt: $47.00 Pape 1 of 9 Johnson County Iowa Kim Painter County Recorderat 13K5683 PG256-264,,`, I city of11 O�,4 k STATE OF IOWA ) ) SS JOHNSON COUNTY ) I, Kellie K. Frueliling, City Clerk of Iowa City, Iowa, do hereby certify that the Resolution attached hereto is a true and correct copy of Resolution No. 17-228 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 18th day of July, 2017, all as the same appears of record in my office. Dated at Iowa City, Iowa, this 25-0) day of July, 2017. Ke] ie IC. Fruehling City Clerk fires (OPPOM N 410 EAST WASHINGTON STREET • IOWA CITY, IOWA 52240-1826 • (319) 356-5000 • FAX (319) 356-5009 2v Prepared by Wendy Ford, Economic Dev. Coordinator, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5248 RESOLUTION NO. 17-228 Resolution approving Amendment #3 to an Agreement for Private Development by and between the City of Iowa City, Iowa and Riverside West, L.L.C. formerly known as EMRICO Properties ll, L.L.C. WHEREAS, the City of Iowa City and Riverside West, L.L.C., f/k/a EMRICO Properties II, L.L.C., the Developer, previously executed an Agreement for Private Redevelopment dated December 2, 2014, as a part of the development and revitalization of the Riverside Drive Urban Renewal Area in the City; and WHEREAS, Developer has constructed improvements on real estate in the Riverside Drive Urban Renewal Area located at 629 S. Riverside Drive, Iowa City, Iowa; and WHEREAS, the Agreement contained a requirement for leasing a particular mix of 12 units to income -eligible tenants and required a certain number of parking spaces in excess of the code requirements; and WHEREAS, due to unexpected delays beyond the Developer's control, the building was not completed in a timely manner that allowed for the lease -up of those affordable housing apartment units in accordance with the schedule set forth in the Agreement; and WHEREAS, during the final design of the project, it was necessary to reduce the number of parking spaces below that required by the Agreement, and WHEREAS, the Developer now desires to modify the lease -up schedule for the affordable housing units, modify the mix of apartment types required to be leased to income - eligible tenants, modify the parking space requirement; and WHEREAS, Staff recommends approval of these amendments on the condition that the affordable housing requirements are extended for an additional year to allow for a full 10 years of occupancy by income -eligible tenants as originally anticipated. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The attached Amendment #3 to the Agreement for Private Redevelopment is hereby approved. 2. The Mayor is authorized and directed to execute the Amendment and the City Clerk is authorized and directed to attest his signature and to affix the seal of the City Clerk and record the same at Riverview West, L.L.C.'s expense. Resolution No. 17-228 Page 2 Passed and approved this 18th ATTEST: 1 Cl . LERK ' day of July MA OR Approved by 20 17 City Attorney's Office -7 /� �� Resolution No. Page 3 v-228 It was moved by Botchwav and seconded by Dickens the Resolution be adopted, and upon roll call there were: AYES: NAYS: x x x x x x x ABSENT: ABSTAIN: Botchway Cole Dickens Mims Taylor Thomas Throgmorton �2 AMENDMENT TO AGREEMENT FOR PRIVATE REDEVELOPMENT THIS AMENDMENT TO AGREEMENT FOR PRIVATE REDEVELOPMENT (hereinafter called "Amendment") is made as of the 18th day of July, 2017, by and among the City of Iowa City, Iowa, a municipality (hereinafter referred to as "City"), and Riverview West, LLC f/k/a Emrico Properties II, LLC (hereinafter referred to as "Developer"). WITNESSETH: WHEREAS, the parties previously executed an Agreement for Private Redevelopment dated December 2, 2014, and recorded in Book 5377, Page 707 of the Johnson County, Iowa Recorder's Office (hereinafter referred to as "Agreement"). Said Agreement having been entered into as a part of the development and revitalization of the Riverside Drive Urban Renewal Area in the City; and WHEREAS, the Agreement was previously amended by the parties by virtue of an Amendment recorded May 19, 2015 in Book 5366, Page 419, of the Johnson County, Iowa, Recorder's Office and the Agreement was also previously assigned for security purposes by Developer to Hills Bank and Trust Company by virtue of a Consent to Assignment recorded June 25, 2015 in Book 5385, Page 876, of the Johnson County, Iowa, Recorder's Office; and WHEREAS, pursuant to a May 26, 2015 Assignment of Agreement for Private Redevelopment recorded in Book 5371, Page 202 in the Johnson County, Iowa Recorder's Office, Developer assigned all of its right, title and interest in this Development Agreement to Hills Bank & Trust Company. WHEREAS, pursuant to the Agreement, Developer has constructed improvements on real estate in the Riverside Drive Urban Renewal Area located at 629 S. Riverside Drive, Iowa City, Iowa (hereinafter referred to as "Property"); and WHEREAS, the completion of the construction of the above -referenced improvements was delayed due to unforeseen circumstances over which Developer had no control. Specifically, the subcontractor hired to install the elevators in the building was not timely, and the delay in elevator installation accordingly delayed the City of 22 Iowa City, Iowa, issuance of an occupancy permit for the Property until September 2016; and WHEREAS, Developer, as a result of the foregoing, "missed the market" for the 2016-2017 lease signing period and is still in the process of leasing up all available apartments on the Property, including those twelve (12) apartments required by Section 3.3 of the Agreement to be leased to income qualified tenants; and WHEREAS, Developer currently has six (6) income qualified apartments rented; ME WHEREAS, the Agreement also references that there will be 71 underground and 108 surface parking spaces required in the Project, and upon completion of construction of the Project, there are 68 underground and 100 surface parking spaces; and WHEREAS, the parties desire to amend the Agreement in order to acknowledge Developer's unforeseen delay in getting the Property rented up and also give Developer more flexibility as to the mix of apartment types which can make up the twelve (12) income qualified apartments required to be rented under the Agreement; and WHEREAS, the parties further desire to amend the Agreement to extend the income -qualification occupancy requirements for an additional year so that the public benefit of this agreement will be fully realized. NOW, THEREFORE, IN CONSIDERATION OF THE FOREGOING, THE PARTIES HEREBY AGREE TO AMEND THE AGREEMENT AS FOLLOWS: 1. The last sentence of Section 3.3, "Occupancy," and the last sentence of the second paragraph of Exhibit "B" are deleted and replaced with the following: These twelve (12) apartments shall be comprised of any combination of one (1) to three (3) bedroom apartments consisting of at least one (1) one -bedroom; one (1) two- bedroom; and one (1) three-bedroom apartments and shall be leased by such income qualified tenants as described above for an average of eleven (11) months per fiscal year 6 /�V commencing August 1, 2017 through July 31, 2018, and continuing for each August 1 through July 31 fiscal year thereafter. This occupancy requirement shall remain in full force and effect through June 1, 2028, regardless of when the final Economic Development Grant is paid pursuant to Article VIII below. 2. Section 6.6 of the Agreement is amended so as to allow and acknowledge the filing of the initial Annual Certification to be filed by Developer with the City on July _1.2� 2017 instead of November 1, 2016. The filing of this July, 2017 certification does not eliminate the requirement to file an Annual Certification on or before November 1, 2017. The obligation to file Annual Certificates shall continue through November 1, 2028. 3. Section 8.1(a) of the Agreement is hereby deleted and replaced with the following: Except for the initial annual grant, all annual grants shall be equal to one hundred percent (100%) per fiscal year of the Tax Increments (unless the total grant amount of $1,809,875 is reached first) collected by the City with respect to the Minimum Improvements on Development Property pursuant to Section 403.9 of the Urban Renewal Act under the terms of the Ordinance (without regard to any averaging that may otherwise be utilized under Section 403.19 and excluding any interest that may accrue thereon prior to payment to the Developer) during the preceding twelve-month period in respect of the Development Property and the Minimum Improvements, but subject to adjustment and conditions precedent as provided in this Article (such payments being referred to collectively as the "Economic Development Grants"). Due to the delay in filing the initial Annual Certification and, as of January 1, 2017, the leasing of only five of the twelve income -qualified apartment units required pursuant to Section 3.3, the initial annual grant paid on June 1, 2018 shall be equal to forty-two percent (42%) of the Tax Increment collected by the City as described herein. 4. Section 8.1(d) of the Agreement is hereby deleted and replaced with the following: The total, aggregate amount of all Economic Development Grants under this Agreement shall not exceed $1,809,875. Except for the first Economic Development 3 1y Grant as described in Section 8.1(a) above, each Economic Development Grant shall be equal to one hundred percent (100%) of all Tax Increments collected per fiscal year in respect of the assessments imposed on the Development Property and Minimum Improvements as of January 1, 2016, and on January 1 of each of the following nine (9) years, until the total, aggregate of all such Economic Development Grants equals no more than the sum of $1,809,875. The final grant shall be adjusted, if necessary, if payment of 100% of Tax Increments for that grant would result in total, aggregate Economic Development Grants in an amount exceeding $1,809,875. Such Economic Development Grants shall at all times be subject to termination in accordance with the terms of this Article VIII and Article X. Thereafter, the taxes levied on the Development Property and Minimum Improvements shall be divided and applied in accordance with the Urban Renewal Act and the Ordinance. It is recognized by all parties that the total aggregate amount set forth above is a maximum amount only and that the actual payment amounts will be determined after the Minimum Improvements are completed and the valuations of said Improvements have been determined by the City Assessor. 5. The following is added as subparagraph (f) to Section 8.1 of the Agreement: (f) Notwithstanding the previous provisions of Section 8.1 hereof or any other term or provision to the contrary in this Agreement, the parties agree that if after the payment of the June 1, 2027 grant payment, the total of all grants paid to said date is less than $1,809,875.00, this Agreement shall be automatically extended an additional year to provide for a final grant payment to be made on June 1, 2028 when this Agreement shall then terminate and be of no further force or effect. If this Agreement is extended as provided in this subparagraph, in no event shall the total grant payments to be made under the Agreement exceed $1,809,875.00. 6. Section 12.8 "Termination Date' is hereby deleted and replaced with the following: Except as otherwise provided in Section 8.1(0, this Agreement shall terminate and be of no further force or effect on or after June 1, 2027. 4 7. Exhibit B Minimum Improvements is hereby amended to delete the requirement for 71 underground and 105 surface parking spaces, but instead require 68 underground spaces and 100 surface parking spaces. 8. Except as otherwise amended herein, all other terms and provisions of the Agreement remain in full force and effect. This Amendment shall be recorded in the records of the Johnson County, Iowa Recorder's Office at Developer's expense. RIVERVIEW WEST, LLC By. 11A, -/fl„ 4r"- ,/C— Kevin Hanick, Manager HV %; N ND TRUST COMPANY By: `g Brad LarQuth, Senior Vice President CITY OF IOWA CITY, IOWA CORPORA71 �Ale ay. --�, Mayor ATTEST: 4 City Cler < APPROVED BY CITY ATTORNEY: 5 'Lv Prepared by Sarah Walz, Associate Planner, 410 E. Washington, Iowa City, IA 52240; 319/356-5230 DECISION IOWA CITY BOARD OF ADJUSTMENT WEDNESDAY, JULY 12, 2017 EMMA J. HARVAT HALL MEMBERS PRESENT: Becky Soglin, T. Gene Chrischilles, Tim Weitzel MEMBERS ABSENT: Connie Goeb, Bryce Parker STAFF PRESENT: Sue Dulek, Sarah Walz, OTHERS PRESENT: Vicky Stadther SPECIAL EXCEPTION ITEMS: Fec, Illlllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllilllllllll Doc ID: 026803390003 Type: GEN Kind: DECISION Recorded: 08/02/2017 at 02:02:15 PM Fee Amt: $17.00 Pape 1 of 3 Johnson County Iowa Kim Painter County Recorder BK5687 PG165-167 EXC17-00005 public hearing regarding a special exception to allow expansion of an existing drive-through facility located in the Community Commercial (CC -2) zone at 1861 Lower Muscatine Road. The Board concludes that access to and from the subject site is from shared cross access drive based on the following findings: the access is a shared driveway system that provides vehicle circulation through the surrounding shopping center; there is no direct access from the McDonald's to Lower Muscatine Road; and no new curb cuts are requested for the site. The Board concludes that the number of drive-through lanes, stacking spaces, and paved area necessary for the drive-through facility will not be detrimental to adjacent residential properties; will not detract from or unduly interrupt pedestrian circulation or the commercial character of the area in which the use is located; and paving and stacking space will not diminish the design quality of the streetscape or the safety of the pedestrian environment based on the following findings: • The drive-through is located within a commercial shopping area and adjacent uses and properties are all commercial or industrial. • Service windows face into the interior of the shopping center and are not visible from the street. • The applicant will remove 11 parking spaces along the Lower Muscatine side of the property in order to establish the required 10 -foot setback from the Lower Muscatine right-of-way as well as a pedestrian connection from the public sidewalk. The setback area will include required S2 landscape screening and shade trees (preserving or replacing those currently on the site); • The submitted site plan shows space for 6 cars to stack between the final pickup window and the order board with an additional 4 cars stacking in the area of the order board. (The zoning code recommends no fewer than 6 spaces for eating establishments.) • The proposed expansion is intended to reduce the amount of idling on site by providing an additional order board/lane. Based on the findings listed above, the Board concludes that the additional order lane 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: will not impede the normal O D.y _o =tom iT7 -o � w EXC17-00005 public hearing regarding a special exception to allow expansion of an existing drive-through facility located in the Community Commercial (CC -2) zone at 1861 Lower Muscatine Road. The Board concludes that access to and from the subject site is from shared cross access drive based on the following findings: the access is a shared driveway system that provides vehicle circulation through the surrounding shopping center; there is no direct access from the McDonald's to Lower Muscatine Road; and no new curb cuts are requested for the site. The Board concludes that the number of drive-through lanes, stacking spaces, and paved area necessary for the drive-through facility will not be detrimental to adjacent residential properties; will not detract from or unduly interrupt pedestrian circulation or the commercial character of the area in which the use is located; and paving and stacking space will not diminish the design quality of the streetscape or the safety of the pedestrian environment based on the following findings: • The drive-through is located within a commercial shopping area and adjacent uses and properties are all commercial or industrial. • Service windows face into the interior of the shopping center and are not visible from the street. • The applicant will remove 11 parking spaces along the Lower Muscatine side of the property in order to establish the required 10 -foot setback from the Lower Muscatine right-of-way as well as a pedestrian connection from the public sidewalk. The setback area will include required S2 landscape screening and shade trees (preserving or replacing those currently on the site); • The submitted site plan shows space for 6 cars to stack between the final pickup window and the order board with an additional 4 cars stacking in the area of the order board. (The zoning code recommends no fewer than 6 spaces for eating establishments.) • The proposed expansion is intended to reduce the amount of idling on site by providing an additional order board/lane. Based on the findings listed above, the Board concludes that the additional order lane 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: will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the zone in which such property is located. The Board concludes that all utilities, access roads, drainage and/or necessary facilities have been or are being provided, including pedestrian facilities located in the Lower Muscatine right - df -way based on the following findings: All access roads, utilities, and drainage are in place. Lower Muscatine Avenue was reconstructed several years ago, including a new sidewalk and storm drains within the right-of-way. The Board concludes that all other aspects of the site not specifically addressed here (e.g., lighting, signage, changes to building fagade, etc.) will be reviewed as part of building permit and site plan process. The Board concludes that the proposed expansion is not contrary to the Comprehensive plan based on the following findings: • The Southeast District Plan indicates this area as appropriate for general commercial uses. • The proposed site plan achieves improvements called for in the district plan including a pedestrian connection and improvements to the streetscape and landscaping along Lower Muscatine Road. DISPOSITION: By a vote of 3-0 (Goeb and Parker absent) the Board of Adjustment approves EXC17-00005, a special exception to allow a second order board and for the drive-through facility located in the Community Commercial (CC -2) zone at 1861 Lower Muscatine Road, subject to the following conditions: • Substantial compliance with the site plan submitted with o preserving or replacing existing large shade trees; o o narrowing the bypass lane in the area adjacent to the pedestriagoute;Md o installing appropriate signage at the "bump out" to alert driverslythe �_edestM route and a "do not enter" sign to indicate direction of traffic float-theworth drive. • All lighting and signage for the property must comply with current zonir�ccode stand for the zone in which the property is located. E5 a v w ry 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. 93 Becky Sog7W, Chairperson Approved by: -�_-5(—q- City Attorney's Office ,�7 STATE OF IOWA ) JOHNSON COUNTY ) I, Kellie K. Fruehling, 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 12th day of July, 2017, as the same appears of record in my Office. Dated at Iowa City, this �s I -C-1 day of 20)-7 ellie K. Freehling, Ci Clerk COUNT -1 9[ o� -n C';c rri Fel Doc ID: 026804270009 Type: GEN Kind: ORDINANCE Recorded: 08/03/2017 at 12:03:47 PM Fee Amt: $47.00 Pape 1 of 9 Johnson County Iowa Kim Painter County Recorder RK5687 PG519-527 fo, STATE OF IOWA ) ) SS JOHNSON COUNTY ) r 1 A ! -64 4WIMaII��� —t..4 'od City of I, Kellie K. Fruehling, City Clerk of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of Ordinance No. 17-4704A which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 16th day of May, 2017, all as the same appears of record in my office. Said ordinance was previously recorded on June 1, 2017, Book 5656, Page 104-107, and should have included a sensitive areas development plan. Dated at Iowa City, Iowa, this 3rd day of August, 2017. 1 I Ke lie K. Freehling 6 City Clerk \ord (0 PON gh -a' S—��e- /G6 G LP&-)rua--r SL Fo%/Pi zF/S (OP -3-/7J lei Prepared by: Bob Mildo, Senior Planner, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5240 (REZ16-00008) ORDINANCE NO. 17-4704A AN ORDINANCE REZONING 12.28 ACRES OF PROPERTY FROM, LOW DENSITY SINGLE FAMILY RESIDENTIAL (RS -5) AND LOW DENSITY MULTIFAMILY RESIDENTIAL (RMI -12) TO PLANNED DEVELOPMENT OVERLAY/LOW DENSITY SINGLE FAMILY RESIDENTIAL (OPD -5) ZONE AND PLANNED DEVELOPMENT OVERLAY/LOW DENSITY MULTIFAMILY RESIDENTIAL (OPD/RM-12) ZONE AND APPROVING A PRELIMINARY SENSITIVE AREAS DEVELOPMENT PLAN FOR THE LARSON SUBDIVISION, A 2 -LOT, RESIDENTIAL SUBDIVISION LOCATED NORTH OF SCOTT BOULEVARD BETWEEN HICKORY HEIGHTS LANE AI4D FIRST AVENUE. (REZ16-00008/SUB16-00012) WHEREAS, the applicant, Kevin Hanick, has requested a rezoning of 12.28 acres of property located north of Scott Boulevard between Hickory Heights Lane and First Avenue from LowDensity Single Family Residential (RS -5) (2 acres) and Low Density Multi -Family Residential (RM -12) (10.28 acres) to Planned Development Overlay/Low Density Single Family Residential (OPD/RS-5) and Planned Development Overlay/Low Multifamily (OPD/RM-12) zone; and WHEREAS, the property contains regulated slopes and woodlands; and WHEREAS, the Sensitive Areas Development Plan will allow one single family lot and two multifamily buildings to be clustered on a portion of the property, while reserving a portion of the land for preservation of regulated slopes and woodlands; and WHEREAS, the applicant has. requested a reduction of a protected slope buffer to allow the installation of stormwater management facilities; and WHEREAS, stormwater detention facilities are permitted within buffer areas if they are designed and constructed to minimize their impact upon the protected sensitive areas and designed to include measures to protect against erosion, pollution and habitat disturbance, and result in minimal amounts of excavation and filling, and WHEREAS, the Planning and Zoning Commission has reviewed the proposed rezoning, Sensitive Areas Development Plan, and requested protected slope buffer reduction and determined that they comply with the Comprehensive Plan; and IOWA: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, SECTION I APPROVAL Property described below is hereby classified OPD/RM-12: Amended Auditor's Parcel 2005108 (Plat of Survey recorded in Plat Book 52, Page 144 at the Johnson County Recorder's Office), except that portion lying in the Southeast Quarter of the Northeast Quarter of Section 2, Township 79 North, Range 6 West of the 5th P.M., Iowa City, Johnson County, Iowa. Total area: 10.281 acres more or less. SECTION II APPROVAL. The property described below is hereby classified OPD -5: Amended Auditor's Parcel 2005108 (Plat of Survey recorded in Plat Book 52, Page 144 at the Johnson County Recorder's Office), except that portion lying in the Northeast Quarter of the Southeast Ordinance No. 17-4704 A Page 2 Quarter of Section 2, Township 79 North, Range 6 West of the 5th P.M., Iowa City, Johnson County, Iowa. Total area: 2.00 acres more or less. SECTION III. ZONING MAP. The Building Inspector is hereby authorized and directed to change the zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval and publication of this ordinance by law. SECTION IV. CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance, the City Clerk is hereby authorized and directed to certify a copy of this ordinance and to record the same, at the office of the County Recorder of Johnson County, Iowa, at the owner's expense, all as provided by law. SECTION V. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION VI. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION VII. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this 16th day of May , 2017. MAYOR H Approved by: ATTEST: V +CA JCI LERK4 orneys Office y zG �7i Df(r.G���yy y co POM11 [A[ Ordinance No. 17-4704A Page 3 It was moved by Mims and seconded by Dickens that the Ordinance as read be adopted, and upon roll call there were: AYES NAYS: ABSENT: ABSTAIN: Botchway Cole Dickens Mims Taylor Thomas Tbrogmorton First Consideration 05/02/2017 Voteforpassage: AYES: Mims, Taylor, Thomas, Throgmorton, Botchway, Cole. NAYS: None. ABSENT: Dickens. Second Consideration _ Vote for passage: Date published 05/25/2017 Moved by Mims, seconded by Dickens, that the rule requiring ordinances to be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the second consideration and vote be waived and the ordinance be voted upon for final passage at this time. AYES: Mims, Taylor, Thomas, Throgmorton, Cole, Dickens, NAYS: None. ABSENT: Botchway. rep_ Illllllllllillllliilllllllllllllllllllllllllllilllllllllllillliillllllllllllllll Doc ID: 026805610004 Type: GEN Kind: RESOLUTION Recorded: 08/04/2017 at 01:15:38 PM Fee Amt: $22.00 Page 1 of 4 Johnson County Iowa Kim Painter County Recorder STATE OF IOWA ) ) SS JOHNSON COUNTY ) I, Kellie K. Fruehling, City Clerk of Iowa City, Iowa, do hereby certify that the Resolution attached hereto is a true and correct copy of Resolution No. 17-226 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 18th day of July, 2017, all as the same appears of record in my office. Dated at Iowa City, Iowa, this ;�� day of July, 2017. °. `J Ke' lie K. Fruehling City Clerk fires CORPOkA1ES[-A1 410 EAST WASHINGTON STREET • IOWA CITY, IOWA 52240-1826 • (319) 356-5000 • FAX (319) 356-5009 i)/ -sdcI) Prepared by: Sara Hekloen, Asst. City Attorney, 410 E. Washington Sl., Iowa City, IA 52240, 356-5030 RESOLUTION NO. 17-226 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST CERTAIN EASEMENT AGREEMENTS AND ACCEPTING THE DEDICATION OF RIGHT-OF-WAY TO FACILITATE THE DEVELOPMENT OF HOOVER (EAST) ELEMENTARY SCHOOL IN IOWA CITY, IOWA. WHEREAS, pursuant to the Code of Ordinances of the City of Iowa City, Iowa, the Iowa City Community School District [hereinafter collectively referred to as "Owner'] submitted a site plan for development of the Hoover (East) Elementary School to be located at the intersection of American Legion Road SE and Barrington Road, Iowa City, Iowa; and WHEREAS, under said plan, additional infrastructure is to be installed to service the development, and certain easement rights must be acquired to ensure the continued operation of the newly installed public infrastructure; and WHEREAS, City staff has approved the location of the newly installed public infrastructure, including sanitary sewer, storm sewer, and utilities servicing this development, as well as the associated easement agreements; and WHEREAS, this development will also necessitate improving the American Legion Road SE to city standards and extending Barrington Road southerly; and WHEREAS, Owner and Stephen P. Lacina and Julie A. Lacina, the owners of adjacent property, have agreed to dedicate land to the City for the purposes of expanding said rights-of-way; and WHEREAS, the execution of said easement agreements and acceptance of this right-of-way dedication is in the public interest and advances the public health, safety and welfare of the citizens of Iowa City, Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The City does hereby accept the dedication of a sanitary sewer, storm sewer easement; underground utility easements; and rights-of-way for American Legion Road SE and Barrington Road as described above. 2. The Mayor is hereby authorized to sign and the City Clerk to attest any necessary easement agreements to effectuate this dedication. 4. The City Clerk is hereby authorized and directed to certify a copy of this Resolution and to record the same, along with the right-of-way dedication deeds and the above -referenced easement agreements in the Johnson County Recorder's Office at the expense of the Iowa City Community School District. Passed and approved this 18th day of ATTEST:. CI , ERK ' July / 2017. G� MA OR APPROVED BY: ,&,, ua-� City Attorney's Office -,),,/,-7 ')t3/t7 Resolution No. Page — A 17-226 It was moved by Botchway and seconded by Dickens the Resolution be adopted, and upon roll call there were: AYES: NAYS x X x x x x X ABSENT: ABSTAIN: Botchway Cole Dickens Mims Taylor Thomas Throgmorton a Page t of 5 Fe -c, I���I����II!If�llfi�l�l�fl{ifl�Il�nf�Bf�lllll��lfllll��l Doc ID: 026805620005 Type: GEN Kind: EASEMENT Recorded: 08/04/2017 at 01:26:17 PM Fee Amt: 127.00 Pape 1 01 5 Johnson County Ione Kim Painter County Recorder BK5688 PG24-28 Prepared by and return to: C. Joseph Holland, Ste 300, 123 N Linn St, Iowa City, IA 52245, (319)-354-0331 STORM SEWER AND DRAINAGE EASEMENT AGREEMENT THIS AGREEMENT, made and entered into by and between E & L Prybil Limited Partnership (Owner), which expression shall include successors in interest and assigns, and the Iowa City Community School District (ICCSD), 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. It is hereby agreed as follows: For the sum of $3,400.00 plus other valuable consideration, the receipt of which is hereby acknowledged, Owner hereby grants and conveys to ICCSD 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 ICCSD 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 "Permanent 20.00 Foot Wide Storm Sewer and Drainage Easement" as shown on the attached Easement Plat and referred to herein as "Easement Area." Owner further grants to ICCSD: 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 ICCSD 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 ICCSD may be a hazard to said Easement Areas or which may interfere with the exercise of ICCSD's rights hereunder in any manner. 3. ICCSD shall promptly backfill any trench made by it, and repair any damages caused by ICCSD within the Easement Area. ICCSD shall indemnify Owner against unreasonable loss or damage which may occur in the negligent exercise Page 1 of 4 Book: 5688 Page: 24 Seq: 1 Z� Page 2 of 5 of the easement rights by ICCSD. Except as expressly provided herein, ICCSD shall have no responsibility for maintaining the Easement Area. 4. Owner reserves the right to use said Easement Area for purposes which will not interfere with ICCSD's full enjoyment of the rights hereby granted; provided that the Owner shall not erect or construct any building, fence, retaining wall, or other structure, plant any trees, drill or operate any well, or construct any reservoir or other obstruction on said area, or diminish or substantially add to the ground cover over said Easement Area. Any such improvement installed within the easement area, with or without ICCSD approval, may be removed by the City without compensation or replacement. 5. Owner does hereby covenant with ICCSD that it is lawfully seized and possessed of that real estate and has good and lawful right to convey an interest in that real estate. The parties agree that the obligation to install the improvement herein shall be in accordance with City of Iowa City specifications. 6. Upon completion of construction of the storm sewer improvements and acceptance by the City, all rights of ICCSD under this Agreement shall automatically transfer to and vest fully in the City, without further action by or notice to any of the parties. 7. The provisions hereof shall inure to the benefit of and bind the successors and assigns of the respective parties hereto, and all covenants shall apply to and run with the land and with the title to the land. r -AA y Dated as of this _17 day of Apsail, 2016. Iowa City Cqpxgunity School District BY: , Board President Secretary STATE OF IOWA ) )ss: JOHNSON COUNTY ) This instrument acknowledged before me this 17 day of AAA I, 2016 by Chris Lynch and Craig Hansel, Board President and Board Secretary, respectively, of the Iowa City Community School District. No ary'Publ'c in and for said State KIM"Co"* _~ 'CptmgWlps�Niembmr760131 1. PIMS Page 2 of 4 Book: 6688 Page: 24 Seq:2 2� Page 3 of 5 E && L�P-r/ybil Limited Partnership By: Eldon R.v Prybil, General Partner STATE OF IOWA ) )ss: JOHNSON COUNTY ) This instrument acknowledged before me this jL day ofLW 2016 by Eldon R. Prybil, as General Partner offE�& L�Prr�ybil Limited P tnership. 4q� Notary Public in and for said State �� q3- U VICTORIA V MERKLE -b U" _' F CanmkabnNumber787s My � By: Lawre ce D. Prybil, General Partner STATE OF KENTUCKY fillL COUNTY II instrument acknowledged before me this W h day of May, 2016 by Prybil, as General Partner of &L Prybil Limi d Partnership. )) (,eWtjo LyLx. �A 2Ki Not�ic and for sENd State NOTARIAL SEA This Lawrence D Page 3 of 4 Book: 5688 Page: 24 Seq:3 -1,16 Page 4 of 5 , C�y`uAt6rne? STATE OF'IOWA ) )ss: JOHNSON COUNTY ) TTEST: Ke ie K. Frueh ng, City Cle k This instrument acknowledqed before me this ,4F�)_ day of.Xay, , by James Throgmorton andKellie K. Fruehling, as the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa. Ccmr WonNumbw 29428 Notary Pub is in and fo said tate Page 4 of 4 Book: 5688 Page: 24 Seq:4 EASEMENT PLAT PERMANENT 20.00 WIDE STORM SEWER AND DRAINAGE A PORTION OF THE SW 114SE1)4 OF SECTION 18-T79144M OF THE FIFTH PRINCIPAL MERIDIAN JOHNSON COUNTY, IOWA -N ,nUD BY" RLTNN R us oaa LTmm Nei... S aIFFAr Si. WWA m'.. .40 (A9).LSI-eam Na9DY11'W amm ( 44Tm a0 wa.-no` FAST aAR1Flt IXHNER mwo 5� PN cw loss ssODON 13-1744-0.SOOK so AT PKE 11 T 111E E PY BSB PLY Nl COP 100N NI AT PNE 9e9 20.00 FOOT ME STORM SEN AND DRAINAGE EASEMENT 375e W %a AC SOUTH QUARTER aRNm OF YCaa la-Tra-NSW OF,THE m M FOUnD see enna 33 AT PAGE 10 �� A Sa94 I h.,aby ovefy toot 04 Imo wwying daamenl wn pr.pwd and in. ,.Tared . Y a* . pofonnm by res err .4,e mr 4Qacl p rd.gj wpml,Ian and Wan I On a Wy lk+md Land S9rvnv malar We Iowa of We Santa d Ina � L.- D af•7B M-9 iaFll D. NO3EIi, ..Nc Mn M65 ur nose ,mewl dine I. oamnEw 34 W Po9w R Nees cow 1 by WIs ewL AUMTOo G'S PARCEL T 4007 2014007 qq��� ..}}��P5�p\�vV ;19 MT FAX m AT P/Lt qg` Nu a l LO GY TIE Wl� W 11E .YMYiT' [AN1Y PPLLFLErS RiKQ wo 3E %AV � LAMNA FARMSUEAD F19, N NL4WMY.0 YAlll TC MT 11@Fq' IT[4i8t➢ N Mi KUt 9 AT PIFP W CY ilE RFLL42:5 R' rIC .YAN`LN camY wr�'a7ve W n W 01025 0C 7IM n� EAST aFNFR THE EE GRAPHICSCPLEIN FEET "" tI;AAO v mWARDR n �E6'L� av 20.00 FOOT ME STORM SEN AND DRAINAGE EASEMENT 375e W %a AC SOUTH QUARTER aRNm OF YCaa la-Tra-NSW OF,THE m M FOUnD see enna 33 AT PAGE 10 �� A Sa94 PROPRIETOR EB L PRYBIL GFNEML PARTNEns" 5 0.YEY REOUESiEDBY' OW GIYCAM uMttSmeOL MSnLGr DATE OF SURVEY: o0.tt.zas LEGEND AND NOTES • - PROPERTY OOWTFR(s), FOUND too norm) O - PROPERTY CO NUat SET (SaMmeM N./ 91S) plaNN LS Cap - PROPERTY 6/a Wllfia Y IDES IBIES _ DENTON mem ... - Lar NxFS, o IEY -----c9(Ruz—) - 1 -------- FASELFT I.INES, ID1 I It UWE NOTE) — -------------------- ==G EASEMENT 6pVVOSE NOTED REVaMEDIMENSIOS MFASURED DIMENSIONS NuMilml unMAs Naa o1Ne11Ws[ ALL 811EN9ms ARE N RET AND HIaSIEOMs DESCRIPTION - 20.00 PERMANENT STORM SEWER AND DRAINAGE EASEMENT A PORTION OF THE SOUTHWEST QUARTER CF THE SOUTHEAST QUARTER. ALL OF SECTION IB, TOWNSHIP 79 NORTH, RANGE 5 BEST, OF THE FIFTH PRINCIPAL MERIDIAN, JOHNSON COUNTY, IOWA. DESCRIBED AS FOLLOWS: Comanmaing at the South Quarter Gomer of S..Vcn 18, TownaMp 79 North, Range 5 West, of the JIM Principal Meridiani Thence S89'49'55"E, along the South Line of the Southeest Quarter of the Southeast Waiter of said Section 18, a distance of 1317.87 feet, to the Southeast Canes of said Southeast Wartar of the Southeast Quarter: Thence NODZi'57'E a1m9 the East line of sold Southeast Quarter of the Southeast Quarter, 1236.94 feet to the Pont of Be9Fning Thence N89'25'05'W, 90.13 foul Thmce S7 59'50'W, 0.04 feet Thence N64WY0'W, 20.00 feet Thmce N2559'S0'E, 97.68 feet to a Paint an be South IJne of Latina Fa n.tead, in acaardanae with No Plat Ncreof Recorded In Plat Book 33 at Page 148 of the Records of th0 Johnson County Remrde(e OfSce; Th.. S89TVOS'E, along said South Lina, 10275 foot. to Ib InWrsection with the East We of No Southwest Quarter Of the Southeast Walls, of said Seclion 18; Thmce SO081'57'W, dong said East Lin% 20.00 fast, to the Paint of Beginning. Said Permanent 20.00 feat wide Storm Sewer and Drainage Easement centalas 0.09 Aare (3.75(3 square feet). and 1, subject to easements and reatrlo5me of record. Lom' GIBi0. $ `c li; eras J(j 7pWA SEAL. I h.,aby ovefy toot 04 Imo wwying daamenl wn pr.pwd and in. ,.Tared . Y a* . pofonnm by res err .4,e mr 4Qacl p rd.gj wpml,Ian and Wan I On a Wy lk+md Land S9rvnv malar We Iowa of We Santa d Ina � L.- D af•7B M-9 iaFll D. NO3EIi, ..Nc Mn M65 ur nose ,mewl dine I. oamnEw 34 W Po9w R Nees cow 1 by WIs ewL AUMTOo G'S PARCEL T 4007 2014007 POINT OF BEGINNING yy M ACLLWNY2 WISH TIE rruNtTv N Eur w^ac MT FAX m AT P/Lt a l LO GY TIE Wl� W 11E .YMYiT' [AN1Y PPLLFLErS RiKQ �k � EAST aFNFR THE MI WOF "" tI;AAO v mWARDR n �E6'L� av .adeno OF Y ®� to-nsN-Nsw 1111H Px ��' sa1HEAsr craxm OF Sana la-Tno4-NSW QF1NE FIFTH P.a. FOUND 5\5' win uEaBIE RED ace BOOK W AT PATE IAl 1311.07' t3V.BY MT49'S5'W �-A PROPRIETOR EB L PRYBIL GFNEML PARTNEns" 5 0.YEY REOUESiEDBY' OW GIYCAM uMttSmeOL MSnLGr DATE OF SURVEY: o0.tt.zas LEGEND AND NOTES • - PROPERTY OOWTFR(s), FOUND too norm) O - PROPERTY CO NUat SET (SaMmeM N./ 91S) plaNN LS Cap - PROPERTY 6/a Wllfia Y IDES IBIES _ DENTON mem ... - Lar NxFS, o IEY -----c9(Ruz—) - 1 -------- FASELFT I.INES, ID1 I It UWE NOTE) — -------------------- ==G EASEMENT 6pVVOSE NOTED REVaMEDIMENSIOS MFASURED DIMENSIONS NuMilml unMAs Naa o1Ne11Ws[ ALL 811EN9ms ARE N RET AND HIaSIEOMs DESCRIPTION - 20.00 PERMANENT STORM SEWER AND DRAINAGE EASEMENT A PORTION OF THE SOUTHWEST QUARTER CF THE SOUTHEAST QUARTER. ALL OF SECTION IB, TOWNSHIP 79 NORTH, RANGE 5 BEST, OF THE FIFTH PRINCIPAL MERIDIAN, JOHNSON COUNTY, IOWA. DESCRIBED AS FOLLOWS: Comanmaing at the South Quarter Gomer of S..Vcn 18, TownaMp 79 North, Range 5 West, of the JIM Principal Meridiani Thence S89'49'55"E, along the South Line of the Southeest Quarter of the Southeast Waiter of said Section 18, a distance of 1317.87 feet, to the Southeast Canes of said Southeast Wartar of the Southeast Quarter: Thence NODZi'57'E a1m9 the East line of sold Southeast Quarter of the Southeast Quarter, 1236.94 feet to the Pont of Be9Fning Thence N89'25'05'W, 90.13 foul Thmce S7 59'50'W, 0.04 feet Thence N64WY0'W, 20.00 feet Thmce N2559'S0'E, 97.68 feet to a Paint an be South IJne of Latina Fa n.tead, in acaardanae with No Plat Ncreof Recorded In Plat Book 33 at Page 148 of the Records of th0 Johnson County Remrde(e OfSce; Th.. S89TVOS'E, along said South Lina, 10275 foot. to Ib InWrsection with the East We of No Southwest Quarter Of the Southeast Walls, of said Seclion 18; Thmce SO081'57'W, dong said East Lin% 20.00 fast, to the Paint of Beginning. Said Permanent 20.00 feat wide Storm Sewer and Drainage Easement centalas 0.09 Aare (3.75(3 square feet). and 1, subject to easements and reatrlo5me of record. Lom' GIBi0. $ `c li; eras J(j 7pWA SEAL. I h.,aby ovefy toot 04 Imo wwying daamenl wn pr.pwd and in. ,.Tared . Y a* . pofonnm by res err .4,e mr 4Qacl p rd.gj wpml,Ian and Wan I On a Wy lk+md Land S9rvnv malar We Iowa of We Santa d Ina � L.- D af•7B M-9 iaFll D. NO3EIi, ..Nc Mn M65 ur nose ,mewl dine I. oamnEw 34 W Po9w R Nees cow 1 by WIs ewL m M� m M" d RT a m LZ m m CML ENGINEERS ie LAND BANNERS p WRDSURVEYORSM LANDSCAMARCHrTECTS ENVIRONMWALSPECIAUSTS 1917 S. GILPERTST. IOWA CITY. IOWA 52240 (319)351Ji9Ra WWW.mm nsultantLn9t LaFa RaYISIOn 1SY1-]B15 PERGCWI REWEWRLW EASEMENT PLAT PERMANENT 20.00 WIDE STORM SEVVER AND DRAINAGE I3 APORTION O D F THE OF SECTION TTgN,N WOFT-(E FIFTH PRINCIPAL MERIDIAN N � JOHNSON COUNTY, IOWA n MMS CONSULTANTS, INC. oma. ............- on Page t of 4 Tee Doc ID: 026805630004 Type: GEN Kind: EASEMENT Recorded: 08/04/2017 at 01:26:34 PM Fee Amt: $22.00 Page 1 of 4 Johnson county Iowa KIM Painter County Recorder Prepared by and return to: C. Joseph Holland, Ste 300, 123 N Linn St, Iowa City, 1A 52245, (319)-354-0331 UTILITY EASEMENTS Stephen P. Lacina and Julie A. Lacina ("Grantor") grant 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 area marked upon the attached Easement Plat as "Permanent 10.00' Wide Utility Easement" hereafter referred to as "Easement Area". 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 Grantor's and other property with electricity, gas, and communication service within the Easement Area; 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 granted herein. Grantor, its 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, fence, retaining wall or other obstruction on said areas, or diminish or substantially add to the ground cover over said Easement Area. 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, plantings, minor landscaping and other purposes that do not then or later interfere with the aforesaid uses or the rights herein granted, but Book: 5688 Page: 29 Seq:1 26 Page 2 of 4 such items placed in the Easement Areas, with or without Grantees's approval, may be removed by the Grantees without compensation or replacement. Dated as of this DL -7 day of July, 2017 Stephen P. Lacina r STATE OF IOWA ) )ss: JOHNSON COUNTY ) This instrument acknowledged before me this oi�_ day of July, 2017 by Stephen P. Lacina and Julie A. Lacina, husband and wife. PEGGYG !IMM 9Rr Y' Commission N' �m '86321 r� .. My Commss on f. nrres L— �3owN k (p -1 i otary Pdblic in and for said S CITY: ATTEST: By: James Throc Orton, Mayor Kellie K. F ehling, Approved by: City Attorney STATE OF IOWA ) )ss: JOHNSON COUNTY ) This instrument ac James Throgmorton respectively, ov ty Kellie before l th3`s� day of July, y Cl by Kellie K. Fruehling, a he Mayor and City Clerk, City of Iowa City, Iowa. in and for th& State of Iowa Book: 5688 Page: 29 Seq:2 Page 3 of 4 such items placed in the Easement Areas, with or without Grantees's approval, ay be removed by the Grantees without ompensation or replacement. Dated as of this Stephen P. Lacina Julie A. Lacina STATE OF IO ) )ss: JOHNSON OUNTY ) day of July, 2017 This instrument acknowledged before me thisIdey of July, 2017 by Stephen P. Lacina and Julie A. Lacina, husband and fe. daiblic in and for said State CITY: KTTEST:/ By: games Throgmort n, Mayor K llie K. Fru ling, Approved by: . 40( City Attorney STATE OF IOWA )ss: JOHNSON COUNTY ) This instrument acknowledged before me this &/(day of July, 2017, by James Throgmorton and Kellie K. Fruehling, as the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa. WENDYS.MAYER Notary Pub c in and for the StaIowa Com NuNmr 729428 Book: 5688 Page: 29 Seq:3 iAPMY9 m Il91ERR1 m YNJ ¢ll9rtTA ma INl S. OtWiR V. TOG an, ..0 TSIrj31t-Bffi ti NmRYtt'W r rues!' - _ suLW IUARm rnRm+ lw Nazm}I'W LN®flRYEYO,i I� D 0��i / / �11 E rzsr wAlmx lavurn sE1'IIOV ITnwKiSW I ! fF ME fYM PY V V V 1 4 ,F�0111111 /r 51111} LL� UU IYwYY SKb' PW NB G➢ BWCw AT PAt£]89 ! / ' NIT�w� Y, �`A'- L °� �4'`-={_ p0�E MEADOW ! "`"` ``/ {S N.YlL10FL2 MM MFlAr T61"Li' FKGRd N flA [OX n .V PNS al 'tlgy � LP M FPlgar 4 M .gNYN WLIIY FFCLRYSY9 C£fL'E \i �treSIHSR• �Rw. trB316'SY � ' R� L=a2aT BiSlo'aTw L1&V I �-a�� r.m.ta• nares 1i o-rsw• ell rlD.eD' N; )V C3 -X66']6.41 00'n \I®-3{063Y41Y1 �M1 o- 157.. C=11141' 1>I6103 o-,avm• d+ i \ o-aee T=6].W' Mn._ W.9D'm^W •� Lf�q�\ I •, 4{a nn• \\ VS Oh521100{'E � �(jJ ®.nYl4l'Sfw N zw vnzar �v 9JYtn'I05 1 POINT OF IN1.9Y EASEMENT PLAT PERMANENT 10.00 WIDE UTILITY EASEMENT LCG]WY LN®flRYEYO,i AroRfroNOFrI@L@W.EWstIDAPo(mwOF tiF]! 0. e1611WER P1S T£9EW8W OFbFCIpN 16rTA4M1'AV OFiI@ LWS CQ1 WC FIFlHPM, YI'NA Lrtt. JOlfiuOHm1IT'.IOYIA R.BIS 1917 Ow.I G..- 5)RfET 10'WA Ott, OWA, 52Tw PN@IE 316-351-B6BE 1]OLONIXTREN9W WFDPNADWw ��e, �OEmFDIrY: IOWA QTY COIWUNIIY 50100. DISRICT 1121 N DODGE SniEET IOWA Ott, IOWA Sno LVID SVR121'OR PROPNEIORORMER DAWOFOIfNEI': S7EP45N P 6 JUI E A LAONA 05-11-9113 w16 AYERCAN LEMON ROOD SE FI Aiul .s.m —A Ott. IOWA 5=40 LEGEND AND NOTES - PROPERTY WFNERLS), FOUIM cm n.w) o - PROPPATY CQWER/S SET (5 P.rtn 'W1r ) q°°uo Ls cop PROPERTY k/ot IMBNOwr UNM _..__...__..__ RGNT--OF-WAY Mr1E5 mm LNm - lDT IJNES. PIATRD (R BY 0EE0 G LINES, WOTH l PI PORE N OIE EHSMIG DIMERIT LNR WRP05E NOIFD RECORDED OWEN90NS (Y) - MEASL OtffllOONS SE C22-1 - WRYE SEGIffNT NIIMRDI mm ODLLAWSE ALL DIGN70(s ASW IEET AND N N)MURS A POIIQI W ➢ff HOmFIST QUAfEe aI TR SYaRASI tlYARA A1D 1 P®TRI (I t12 ar111'LSf 4NY® Is >r¢ >aaeasi tllA0.1DL Au o acnes le. mWov m Nom w.Wz a e4TD v M rvw r mu YwbVn APY64r vAAnT, m.a vsa®u rune Pmmntloq q rl. 5wd,s6lLof of S!'m 14 TOMp A Hot Rmp. a bt N O+ Ma IrFWm wwuc L PFHGIXd REVEW-ILLW ]xnw PERMANENT I I� MADE unuTMNTPASEYENT L�� � � I' YY Y4m� roe@ bN b Domav 31. iD �. Po ID. I rah S, 4r a ObtBmlT aCM m.e b FI Aiul .s.m {� iaa Rp � NBr'49'11'W IHH� I Dmm SO IM aro GRAPHIC SC4LE N FEET I -w tjBIX1K CB Ai \SZ M P M� d m a N N CMLENGINmiS 0 LANDPWdiERS Q LANDSURVEVORS SO LANDXWEARCSTECTS FNVIRONM ENTAL SPECAISTS 1817 S. GILnEU ST. IOWA CITY. IOWAb]240 (310) 351 -SM Www.nit wnsuttants.net iE-Tl-mi5 PFHGIXd REVEW-ILLW � I aw , 6WIIf, toot Mb 1.4 ruveyn0 6rmnnnt .v Pt9at•a m6 W rwotW mw' mk P.rlmnee by Ilu v eMm mr !loot woo, Pw" a and Mal I ¢m a JAY IYwned Lana OartwW wmr me Ian a U. sln. a1 w.a. �� ng10 Od B. m51NF. IS lana Ilc no etas L�� � � I' YY Y4m� roe@ bN b Domav 31. iD �. e a �ONt 51"J1 Fn" or Mab cavae by 1bb ecLer ev.b cmaM by tM1b ecL• .y ObtBmlT PER LRYw9dn-RLW \SZ M P M� d m a N N CMLENGINmiS 0 LANDPWdiERS Q LANDSURVEVORS SO LANDXWEARCSTECTS FNVIRONM ENTAL SPECAISTS 1817 S. GILnEU ST. IOWA CITY. IOWAb]240 (310) 351 -SM Www.nit wnsuttants.net iE-Tl-mi5 PFHGIXd REVEW-ILLW OS36m1] abvWNm101Nr4q-Mr 0.15LAIT PFNGOYREY�W-RLW Bbt&m1) Pr7LCI1YREV2Yl-IOW DB13A1T PER GOY FWW.-FiW ObtBmlT PER LRYw9dn-RLW EASEMENT PLAT PERMANENT 10.00' WIDE UTILITY SE114MDA PORTION CF THE 3 OF THE SE TI OF THE N.R ALL OF r SECTION PRINCIPAL MERIDIAN THE S FIFTH PRINCIPAL YERIOIAN JOHNSON COUNTY, ICWA m MMS CONSULTANTS, INC. a 12-18-2015 A- a. Page t of;4 vec. __...... I...., ....... .......... "m uu nei Doc ID: 026805640004 Type: GEN K1nd: EASEMENT at 01:27:08 PN 1 of 4 BK5688 Prepared by and return to: C. Joseph Holland, Ste 300, 123 N Linn St, Iowa City, IA 52245, (319)-354-0331 UTILITY EASEMENTS Iowa City Community School District ("Grantor") 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 area marked upon the attached Easement Plat as "Permanent 10.00' Utility Easement" hereafter referred to as "Easement Area". 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 Grantor's and other property with electricity, gas, and communication service within the Easement Area; 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 granted herein. Grantor, its 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, fence, retaining wall or other obstruction on said areas, or diminish or substantially add to the ground cover over said Easement Area. 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, plantings, minor landscaping and other purposes that do not then or later interfere with the aforesaid uses or the rights herein granted, but Book: 5688 Page: 33 Seq:1 . 2� Page 2 of..4 such items placed in the Easement Areas, with or without Grantees's approval, may be removed by the Grantees without compensation or replacement. Dated as of this .Z3� day of July, 2017 Iowa City Community School District BY: 9z, Chrisch,,Booaard President BY: Cr�Hafi�l, Board Secretary STATE OF IOWA ) ) ss: JOHNSON COUNTY ) This instrument acknowledged before me this � day of July, 2017 by Chris Lynch and Craig Hansel, Board President and Board Secretary, respectively, of the Iowa City Community School District. X 111 KIM J. CWIN mber 750131 * * My CommissionEzplres Notary Public 'n and for said State ow CITY: By: Jamesrogmorton, Mayor Approved :by: City Attorney STATE OF IOWA ) )ss: JOHNSON COUNTY ) ATTEST: Kellie K ty This instrument gAnowledged before me t day of July, 2017, by James Throgmor nand Kellie K. Fruehling, the Mayor and City Clerk, respectively of the City of Iowa City, Iowa. Notary Public in and fo said State Book: 6688 Page: 33 Seq:2 15 Page 3 of 4 such iteftN5, placed in the Easement Areas, with or without Grantees's approval, y be removed by the Grantees without 70 be sation or replacement. Dated as of this Iowa City Community "R day of July, 2017 Chris Lynch, Board Pres District Craig Hansel, Xard Secretary STATE OF I ) )SS: JOHNSON/COUNTY ) This instrument acknowledged before me this day July, 2017 by Chris Lynch and Craig Hansel, Board President and oarc Secretary, respectively, of the Iowa City Community School District. Notary Public in and for said State CITY-. ATTE T: It Bmort'o , Mayor Kellie K. Frue ing, City Cler App`'r�owed by: J COPPOPTI SEAL City Attorney STATE OF IOWA )ss: JOHNSON COUNTY ) This instrument acknowledged before me this N day of July, 2017, by James Throgmorton and Kellie K. Fruehling, as the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa. WENDY S. MAYER CenoNnion N"ar 729428 Explree otary Pu .ic in and for s id S to Book: 6688 Page: 33 Seq:3 Isl.r m Ou R w OP 1ECIIM I' -PCV -MW WR FFIH P.Y. Lam sw m'I 11 Ai PILE Ib 1 BY NIP .C`NWI Rt YY4 fR19ILiAV1S 4YC 1/R S aYfAi TT. qG Ptt. IUM 51210 (JlYytil-Wbi ' FA:f WMRii CPaEA 7 Y // SLT.IaN IB-T]SY-RSA D Pr ]Ip: {Ylx vx I, Y-T!U O V P LL 1 � BUS( t0 AT PA(£ ffi9 i I Na1+nNr.6' r 1 v� 1 ``��� PONE MEADOW I . X /UCFPN I'C Wllll T MT YI6PLP _ ISLGCf➢ N FW KQ R a P/fP n R' m PCLN93 P TI! .125GT1 xaPC \ I. W Q MIO'ib'q \ xvNeiEdi%gm�- �. tp L=T6P.41' \\ / CWSID11'SOY/-''4! !1x siiulg -i. o-n4aa' PMae-a'm q 61BfA2' -i II t ��\�� PERMANENT 1 .0J1 0' IIx �� UTl1TY EA6EMLNT a `II omw f CIEN a {P mm PLS Ihlv:s EE GRAPHICSCALEI FEET bg�fYr»IAmlwm YOWaA W.amY nlPmlmxnT. m.+ ten SOYIH Ol➢IXr STR(aT 7'=d70 IOWA ar IOwh 33210 99]bT8'E PxanE: 31s-3l1-BT82 OCLLdQITNExYW P6Ww1.TIQM IOWA QTY 03MAUNITY salom DISfNCT e544Y LD SIJR LAND PWANiRIMR1PMlER xw9'IPY IOWA aR CdNROR SCIOOL WSTMUT Do-11-2wJ Tom' WASCAPEARCHIIBM IOWA a". MMA 53215 POINT OF BEGINNING svTxr 1917 B. GILBERTST. �Pre.�aR (319)351-8292 sa3lm lo-nsx-RSM WWW.mm ccnsultantanet OEINE fYIR v.Y. {LUNO PH Po we6Ox Z ea ArT PAW PAa 1 las 1 to>.aY NBTIYSSYI EASEMENT PLAT PERMANENT 10.00 WIDE UTILITY EASEMENT LffATIX U.'®NNEYa= Yowwxuu marNuaalwrw m iuw CIEN a {P mm PLS aew..mnPmm.ame¢w wP m�eeµ Iws caSVLrAN1s wa bg�fYr»IAmlwm YOWaA W.amY nlPmlmxnT. m.+ ten SOYIH Ol➢IXr STR(aT 0913Mi7 IOWA ar IOwh 33210 sWYEYflEAUE6IEDOW PxanE: 31s-3l1-BT82 OCLLdQITNExYW P6Ww1.TIQM IOWA QTY 03MAUNITY salom DISfNCT 1729 N DOO SIRFET IOWA ay.. IOWA 6]215 LD SIJR LAND PWANiRIMR1PMlER alE69FVEY: IOWA aR CdNROR SCIOOL WSTMUT Do-11-2wJ IM N OWGE S1REf WASCAPEARCHIIBM IOWA a". MMA 53215 EI WiOMffNfALSPECWISIS LEGEND AND NOTES • - pRCPEATY mxxLR(s7. I7Ma (w wtea) a - PRaPm1Y caP3lPns sr pmoc Ls c, MOT-OY 4/r la4:OWY 1046 m103VIEZi-WAY ILiiS - 1T1t IwR5 - LOT L065. PUTiFD M BY MOT1kPFum ND Ialq PYRPoSE NOTED J�R�- RE'WPOkD EYNSONs YEA9PeD ENTRIS c21-1 - a1RIFliIFM VE WI£R W -1107O oIIfRRff. NL PP4N500 xE w RET xa Ma01EDe6 IT^ a MIN] 6 9ff pO16EAST OIA4IEA S TIE AYIIYALT OIMRIFR ATa A PdnIM F 11E 59O9wAST OIMTA AIL T SGIISI 14 1PNi9w 70 NORIIL RN10E 6 RSI. IY. 3YP♦9aV aYJxIY. pwA � A! ipNF3 nv ! lcYm a 14 Temw.¢ ]B XOM fluty ! MuL N N. FlM PN GYrhSm[ . y,N I W W fmt Ox -1 N al Yw Seu1M1.v1 W.Rx� N WC S.ctlm 14 a • SwW.ct Wm• a1 uN .0 On dh 'I-- lOP]I'e 4 a.. tlw eLl_ aw al s80 Aum>i rvu m�9w/: .. .m w .;._ .. a NIIII fwL b ex Mvl ✓ RKSUS.G $d! Prmwn! law P] fti! I hniY uRIIY Wat Wa kM mvroAlN Mwmml w YWva! mC P= N. NOW euwy M .n PrIw0.1 O> mY aYcl r 4 ua I en a IIIY PmM bm4 s,mpr war N. Nn UI W MW N 1. ! T m �_�_�,,,_�. �6 -' &-L7 aHl a • aE1l as YD010L �1-z IxxP 04 Na etss �� g YY Wn.. m.w9 M. Y 0.amlw ]1. 40L7 P wxU .'cvxtl by wle y6: p@G V 12?F9]15 PER('OMREVOWRLW MIh PEROOMREVS=W-PI.N' Ma PEI{ CITYFEYD•:W-RLW 0913Mi7 m a W N CMLENDINFERS -Sa IANDPIANNSIM o LwsuRVETORS WASCAPEARCHIIBM EI WiOMffNfALSPECWISIS 1917 B. GILBERTST. IOWA CITY. IOWAS2240 (319)351-8292 WWW.mm ccnsultantanet p@G RMb1 12?F9]15 PER('OMREVOWRLW 0531-Nf] PEROOMREVS=W-PI.N' 00W4![i1 PEI{ CITYFEYD•:W-RLW 0913Mi7 PR69F➢ULF IIHY-IdSY EASEMENT PLAT PERMANENT 10.00 WIDE UTILITY `a A PCISTION AUDITOR'S PARCEL 2014007 OF THE NEIN OF THE SE114 AND A PORTION OF THE SE114 OF THE sE714 ALL OF SECTION Je WGN-RSW OF THE FIFTH PRINCIPAL MERIDIAN S JOHNSON COUNTY, IOWA m MMS CONSULTANTS, INC. I Pape 1 of 5 I�rllll ll���l�kulllll�elltll��l�l�l�]Il�lI�I�IIICkI�I�fO��tl���gllll Doc ID: 026805650005 Type: GEN Kind: EA6015NT Recorded: 08/04/2017 at 01:27:24 PM Pee Amt: $27,00 Pago 1 of 5 Johnson County Iowa KIM Painter CountVRecorder BK5338 PG31;-41 Prepared by and return to: C. Joseph Holland, Ste 300, 123 N Linn St, Iowa City, IA 52245, (319)-354-0331 SANITARY SEWER EASEMENT AGREEMENT THIS AGREEMENT, made and entered into by and between the Iowa City Community School District (Owner), which expression shall include successors in interest and assigns, and the City of Iowa City, Iowa (City), which expression shall include its successors in interest and assigns. WITNESSETH: It is hereby agreed as follows: For the sum of $1,00 plus other valuable consideration, the receipt of which is hereby acknowledged, Owner hereby grants and conveys to 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 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 area designated as "Permanent 30.0 Foot Wide Sanitary Sewer Easement" as shown on the attached Easement Plat and referred to herein as "Easement Area." Owner further grants to 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 City may find reasonably necessary. 2. The right from time to time to trim, cut down and clear away any and all trees and brush on said Easement Area and also to trim, cut down and clear away any trees on either side of said Easement Area which now or hereafter in the opinion of City may be a hazard to said Easement Area, or which may interfere with the exercise of City's rights hereunder in any manner. City shall promptly backfill any trench made by it, and repair any Book: 5688 Page: 37 Seq:1 'Page 2 6f damages caused by City within the easement area. City shall indemnify Owner against unreasonable loss or damage which may occur in the negligent exercise of the easement rights by City. Except as expressly provided herein, 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 City's full enjoyment of the rights hereby granted; provided that the Owner shall not erect or construct any building, fence, retaining wall, or other structure, plant any trees, drill or operate any well, or construct any reservoir or other obstruction on said area, or diminish or substantially add to the ground cover over said Easement Area. Any such improvement installed within the easement area, with or without City approval, may be removed by City without compensation or replacement. Owner does hereby covenant with 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 City to install the original public improvement at issue herein. Nor shall Owner be deemed acting as 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 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 2-$ day of July, 2017. OWNER: Iowa City Cortyyunity School District �i BY: esident Board Secretary STATE OF IOWA ) )ss: JOHNSON COUNTY ) Book: 5688 Page: 37 Seq:2 'Page 3 of 5' This instrument acknowledged before me this Cru day of July, 2017 by Chris Lynch and Craig Hansel, Board President and Board Secretary, respectively, of the Iowa City Community School District. Notary Publi n and for said State s KIM J.-0 VIN _110 ',I Commission Number 750131 * M Commission Expires IOWA CITY: By: James ogm ton, Mayor Approved by: City Attorney V h STATE OF IOWA ) )ss: JOHNSON COUNTY ) This instrume acki 2017, by James Throgmor City Clerk, respectively, ATTEST: Kellie K. Fr 1' g, City Clerk ed before me th' day of July, Kellie K. Fr ling, as the Mayor and City of owa City, Iowa. ary Public i31-4-nd for said State Book: 5688 Page: 37 SegM: �3 'Y Page 4 of 5 This instrument knowledged before me this day of July, 2017 by Chris Lynch an Craig Hansel, Board President and Board Secretary, respectively, of t Iowa City Com y School District. Notary lic in and for said State J rF YCok OMT� By _'dies,` Throgmo 00 Mayor Kellie K. Frueh g, City Clerk�� Approved by: City Attorney STATE OF IOWA ) )ss: JOHNSON COUNTY ) This instrument acknowledged before me this /d dL. day of July, 2017, by James Throgmorton and Kellie K. Fruehling, as the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa. ENDS. NIAYERCO^wrtbBj2B Notary Pu lic in an 1 for said State Book: 6688 Page: 37 Seq:4 x WWW_ sauw wMtrn omen d 4LIIVi fo-P0.Y P PA 11G i➢"DI iNWD Sal Lnl. ST /.T P.16 IN El9T l67 SHAY PWi r PIKE MEADOW � I N NLGPDxYC nml Tre RAr nlraz �m "xe� Lr TInE uJ][F�fl'7 I uu6Y Iwcemers axe \' I . \ I II; T, �I I p�q �ED COIN Id I.W GRAPHICS LEINFEEF 1-m souTNEA6r crnum OF SF0M1M 16-TJ6N-PSW 6'_TIE MN FY M11810 6�6PN BdYC `A ATT P. las X8919.65^/ EASEMENT PLAT PERMANENT 30.00 FOOT WIDE SANITARY SEWER IOWA CITY, JOHNSON COUNTY, IOWA LCfA H ���g3 R ,I Ih �_ /OIs COM&TAHM IM CQ I: o a IIN'W SGL IOWA QW.. IOWA. 5=40 S , EOUEMDOY: PHONE: 119-051-8261 IOWA CTIY CONNU141W SCHOOL OISIRGT AUDITORS sw ° I xaD .76 PRP noftmowT MTEaP9NRVEY: IOWA aW OWM W SCHOOL OC^aBnCT "I w 1725 N DODGE SIREEf �p�Q I I PERNPNQIT 310 FOOT WOE ej SANITFTmyMrSZ� I �y. �I I I m ]a;ma4 'I I ]INT OF BEGINNING. sauw wMtrn omen d 4LIIVi fo-P0.Y P PA 11G i➢"DI iNWD Sal Lnl. ST /.T P.16 IN El9T l67 SHAY PWi r PIKE MEADOW � I N NLGPDxYC nml Tre RAr nlraz �m "xe� Lr TInE uJ][F�fl'7 I uu6Y Iwcemers axe \' I . \ I II; T, �I I p�q �ED COIN Id I.W GRAPHICS LEINFEEF 1-m souTNEA6r crnum OF SF0M1M 16-TJ6N-PSW 6'_TIE MN FY M11810 6�6PN BdYC `A ATT P. las X8919.65^/ EASEMENT PLAT PERMANENT 30.00 FOOT WIDE SANITARY SEWER IOWA CITY, JOHNSON COUNTY, IOWA LCfA IANDS9RYE1Ylt A P nON W ADDIHW5 PM(A 271 IN aEl1 % IF mm P15 IOWA my.. JOHNSON Od IOWA /OIs COM&TAHM IM . 1917 Sa1TH ra M sIRFET o a IIN'W SGL IOWA QW.. IOWA. 5=40 S , EOUEMDOY: PHONE: 119-051-8261 IOWA CTIY CONNU141W SCHOOL OISIRGT oOGUNEMPFnIPNINR)NVADM- M5 N MIX 51RFET IOWA CIIY. IOWA 62215 tANO SWVEYOR PRP noftmowT MTEaP9NRVEY: IOWA aW OWM W SCHOOL OC^aBnCT 09-11-101] 1725 N DODGE SIREEf IOWA Ott. IOWA 521b LEGEND AND NOTES • - PxOFmtt axNLx(s), FG90) (m Dots) o - P(5/v I O ft .d. SET (5/e' Irm Pm ren ur) pla.tk Ls Cop �bF®.4 rim NNS' ) RGKT tt BOWOMY NN6 ----------- WWi-OF-WAY W6 -LDr LZT 1W24 INf$ IrarRn oR ar o® -- _ FASagN7IBES. ICOM k WRPOSC' xOIEO _-------- (_-------- E%6RN0 EASFd811i WtS PU180g NOIID lR) _ RET O9 SONS WIM Sa0]Tr MUDOR mOa NoM 09DRW4L NL WIDHSWIG ARE a RET IJ0 gP6dD06 [ESOt➢Ila - ffIdMLYr xi00 MT . sAWTm S.MN PA4]@tR .1 11111 OF MINS PMm 2D1 IL W ME 5n1111FAST WMN9. W T SLVIIW>Sr yNRN. Mo INE xd1TXPASr auMIDl OF TIE SWRIFAsr aM1FR NL Of SErnOX Ia NMx911P D7e lgiM RAYL£ a WYFL CF nE i1,lN PRNNPIL xEPoIY.W. le'xA att..mHN9rN WDIIT. IDWA ESamFD As Pallors PyYn4q X tlm Summt IXmr ar Mpl. I J 'MILAN. A W. GI. W¢ h .cm4.w Mm m. Hv[ PCW Rs[vetl h flat Rai 6I .1 pl. NO ar W RvmW vl W .Nun GmI! RcaCd. O(16z Tru. ImV.1fsTE a n m. the of .vn AuewJ Pv,a zDIW W. a e. m scan rrt Tnna selP G WC Wut m&& n&Wb.0 iMv na0']SM4. daq cN rrt tLq xL19 rW: 1Mo xal r9T•E I70-03 brt m.,.. mraea'c xiaD rw m.Ia. m7rD7Y, na• N.t oma. SDp'yY0^X. Mar Mt Thm x 201 ^a . rwl Th SN]I'sYW. 55am M1vt b v PIXnI m W pw t d of wld RUL4vf. MI 101WDT. Trio H®'Y'IY• t .mr .74 WIv. ]YO° fwt lv W PWt v/ OJM w SVIC xim rmt'.W Saxer S.w Cyril mRdis 6r1 b. I];IW a+cn N.O, m4 u .alert m r.ra..o m4 n.xeaa.. w I.wn M M CIVIL ENGWEERS LINO PLUIHETIS L NDSURVEYORS LAMSCAPEARCHOECIS ENVV20I IJEMAL SPEON1515 1917 S. GILBERT ST. IOWA CRY. IOWA 62240 (319)351& W W W.Rensmnsul(9nts.mt py/ w.mmlm nsnaot7 Pmmal:tv�w-RLw 0618201) PT]2aiYR2AEY!•RLW 06113717 PFRGa1flNY AEYRIW�RLV! EASEMENT PLAT \A P d N a m N 0 m PQaWEM960o WIDE 6w+OMrsETTSn 's A PORTON OF AUDITORS v PARCEL 2011007 LOCATED IN THE SE } OF THE SE t1AND g THE NE } OF THE SE Y ALL OF SECMW 1B. TOWNSHIP 79 ` NORTH. RANGE S WEST. OF ^- THE FIFTH PRINCIPAL a>;+ NFRIDIAN. IOWA CITY. JOHNSON COUNTY. IOWA MMS CCNSULTIWTS.INC. a ._ Na a. 1 VJa I hu y arllb U t UJ. Im .uwlma dvmnal .a. Pr@Pa mx u. raalr ....yY ax ra. prlamN it .m a aav mr aLT<.t pr.mal dDW Wia mW mat 1 m a ddY Ilunnd lend Survyv aa: m. Ian m m. Stab m lom �v D aFll a uEl4:A. La bn Ile nc x161 uY firm In..tl ev1, n °avne. n.2o17 - (jgH D o a IIN'W SGL Roe. v annb mw.a er ni. ov M M CIVIL ENGWEERS LINO PLUIHETIS L NDSURVEYORS LAMSCAPEARCHOECIS ENVV20I IJEMAL SPEON1515 1917 S. GILBERT ST. IOWA CRY. IOWA 62240 (319)351& W W W.Rensmnsul(9nts.mt py/ w.mmlm nsnaot7 Pmmal:tv�w-RLw 0618201) PT]2aiYR2AEY!•RLW 06113717 PFRGa1flNY AEYRIW�RLV! EASEMENT PLAT \A P d N a m N 0 m PQaWEM960o WIDE 6w+OMrsETTSn 's A PORTON OF AUDITORS v PARCEL 2011007 LOCATED IN THE SE } OF THE SE t1AND g THE NE } OF THE SE Y ALL OF SECMW 1B. TOWNSHIP 79 ` NORTH. RANGE S WEST. OF ^- THE FIFTH PRINCIPAL a>;+ NFRIDIAN. IOWA CITY. JOHNSON COUNTY. IOWA MMS CCNSULTIWTS.INC. a ._ Na a. 1 Pape 1 of 4 Ilf[Ifl� ��f[I��(Q�Ifl�ll�lllllll�I Doc ID: 026805660004 Type: GEN Kind: EASEMENT Recorded: 08/04/2017 at 01:27:37 PM Fee Amt: $22,00 Pape 1 of 4 Johnson county Iowa Kim Painter County Recorder fiK5688 P42-45 Prepared by and return to: C. Joseph Holland, Ste 300, 123 N Linn St, Iowa City, IA 52245, (319)-354-0331 STORM SEWER EASEMENT AGREEMENT THIS AGREEMENT is made and entered into by and between the Iowa City Community school District (Owner), which expression shall include its successors in interest and assigns, and the City of Iowa City, Iowa (the City), which expression shall include its Successors in interest and assigns. It is hereby agreed as follows: For the sum of $1.00 plus other valuable consideration, the receipt of which is hereby acknowledged, Owner hereby grants and conveys to the City an easement for the purposes of excavating for and the installation, replacement, maintenance and use of such storm sewer lines, pipes, mains, conduits and drainage ways 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 "Permanent 20.0 Foot Wide Storm Sewer Easement" as shown on the attached Easement Plat and referred to herein as the "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 Area or which may interfere with the exercise of the City's rights hereunder in any manner. 3. The City shall promptly backfill any trench made by it, and repair any damages caused by the City within the Easement Area. The City shall indemnify 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. Page 1 of 3 Book: 6688 Page: 42 Seq:1 26 Page 2 of 4 4. 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 cover over said Easement Area. Any such improvement installed within the easement area, with or without City approval, may be removed by the City without compensation or replacement. 5. 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. 6. 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. 7. The provisions hereof shall inure to the benefit of and bind the successors and assigns of the respective parties hereto, and all covenants shall apply to and run with the land and with the title to the land. Dated as of this A- day of July, 2017. Iowa City Community School District BYXA: , oard President BY: C a e•, Board secretary STATE OF IOWA ) )se: JOHNSON COUNTY ) This instrument acknowledged before me this v day of July, 2017 by Chris Lynch and Craig Hansel, Board. President and Board Secretary, respectively, of the Iowa City Community School District. 0.1 . r.. NA.. � 'IM J COL vim Notary Publi and for said State a Co'iiiwwonNumber750131 °z F MY Oorwv rlwon EXPIi05 oW Page 2 of 3 Book: 5688 Page 42 Seq^::2 12� Page 3 of 4 fQRP��ki[Sfk� By:',7ames-Throgmorton, Mayor Ke111e K. Fruehl ig, City CT Approved by: '4' ti City Attorney STATE OF IOWA )ss: JOHNSON COUNTY ) -" This instrument acknowledged before me this %b 4 day of July, 2017, by James Throgmorton and Kellie K. Fruehling, as the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa. WENDY 3. MAYER 1 L Q1 �Q.�,� S A Ulo tw MON°b&Z8 Notary Publi in and for id State n tr Page 3 of 3 Book: 6688 Page: 42 Seq:3 POINT �� f illi NBaRSbTw i Io 10�' le 'J �I OJ�•e�\��� a QI In POINT 8111 I ! OF I ,. f m.v I ••� I; ;I 1 1 , V- CWIIY RFLPdR(9 GiFlCC e b EASEMENT PLAT PERMANENT 20.00 FOOT WIDE STORM SEWER IOWA CITY, JOHNSON COUNTY, IOWA I1KlTplk LNA&QNEYORa A PORTION OF AUOTOR'S PAT "1100) W FAST' WA4101 mYEA ) IOWA aW,, J SQIT COltill'. IOWA ' D\ D v D xcCfn5jx E,a-rnN-xsn I WON D W •yq� qA� .p'" y`L,,1 i"} nI0 IE DOG: W ( AT PAGEm` i A D i BunvEYaOalhSrmOY. // 1 �_�J ry1lry ' W.'L1II� NN Fl.1t� �(I IGC m 1 IOWA Ott QI=WTY SCN001. DIMUCT DOgN1FNraENW1WW TIOlk IW5 N DOOOE STREET IOWA tl1Y, IOWA 8:215 PONE MEADOW mw,t IORORO'ADER l N A-1mPWe5 vmm Ire aAr IIHSLP IOWA CTY WMNOMTY SCHOOL DI F CT n lur GaaA x a PKK: n � aTIC FLL1G6 a 118.9891 I I POINT �� f illi NBaRSbTw i Io 10�' le 'J �I OJ�•e�\��� a QI In POINT 8111 I ! OF I ,. f m.v I ••� I; ;I 1 1 , V- CWIIY RFLPdR(9 GiFlCC e b EASEMENT PLAT PERMANENT 20.00 FOOT WIDE STORM SEWER IOWA CITY, JOHNSON COUNTY, IOWA I1KlTplk LNA&QNEYORa A PORTION OF AUOTOR'S PAT "1100) W IYISVSR P15 IOWA aW,, J SQIT COltill'. IOWA 1015 CO1S]LTANim INC. W •yq� qA� .p'" y`L,,1 1917 SO IDn souTll cDBFRr sm1LT BunvEYaOalhSrmOY. IGwA OTY. IOWA 5-110 PHONE: ]1F351-8282 IOWA Ott QI=WTY SCN001. DIMUCT DOgN1FNraENW1WW TIOlk IW5 N DOOOE STREET IOWA tl1Y, IOWA 8:215 I.AIw mRAEYOa mw,t IORORO'ADER QATEOFDURVEY: IOWA CTY WMNOMTY SCHOOL DI F CT 09-11-2013 1725 N O 900£! 1' 1 ]98.]C' IVA CIT, wn 52215 O IANDSURYEYORS svlc'n Hev]TaG'w i LEGEND AND NOTES • - PROPERtt CRUOR(S), FWNO (aa nal W) O - PRO W CROQAS BET IDA* pl. .W C, pw'/II'S; - PRWDTTY h/m DozPMY UNm ROUT -O= -WAY UN6 - LOiOUM4 Tim O+ 0Y OtID ----------_ FASEM•SiT TINES 6 PIDSOS NO ___----------- --- PMSTWO M PAPPOSE NOTE) D um s sT fECCPOm WDi90N9 (u) - iS0 "Estzm T CURVE NUACEIR LYl-1 - CURVE S"OEi1T W tNE4IDRD OD81®SE NL OBFN9tl5 AIE W FET X0 W ORE)w ` oaGT�To1- 1£aL.NEN! tam mor •DB slow s�6n EAVAwr PERMANENT 20.0 RIOT WOE it II A PmTIW OF I Mws PMOL =% UD m W TIE .`9OdFAST wMlTR 6 PC S PCMT OJATIIEII. Q 5£Lrlm la 1PAN91P n nf9,11t RIND O vST. 5 ra RiIN PWNCP.LL YFICWHL mwA O11'. L�A M aDiwism cGwtt. wwA os�n As mtAmis Gm,srtOa n q. SmN.u, Cun� vl .Y.9ds Pvml 2t,1mr. N le.a tlt% ba F ymvwnm �Mh Ne W •yq� qA� .p'" y`L,,1 Omv. Plv! Ne/mf DecadoG N Plat Dad, 69 N PVT IGT al W. F•avN ai W .M.um mm1YIdrL tICP31'DTE dm9 N. tl.1 Y,• d d /mLWY. Poral ZOYImI, V dvlmm N W.,Pt b N. Pte. mm m1 re. st 7 sm Fmr,¢ ,em m, www r1m3f5T[ dray .aa md a wm1 IbA GaC TAmm sayas'oTE, xn brt TM,m m,aw3rc wy.v b.a mw.. vrmtyL M. 'YI$1 MC loom AOOTW'E Sa630 !mC 11im Sm9'11'K A6m (eeG A.,a MVJSOB'E ]aH.YH I n.Y loom NOT.YTy111lM1T fwt 1MeV NOIWS'w. Gm -'P bVt l.w MO>50M 'l Gel. fa r; n. Paat d Dxllnlny. Sd] wm 'm, .9I mJ h aDDd N vamb oN lmtrk0m. ✓,v6 PERMANENT 20.0 RIOT WOE it II wg IF L�A M STORK SLYER agln 11 a m O. I®sllm. is law tb Nn 8165 RISS Nr 6m,m ,mw! CVb M. 90--(. EASP1tNT rl �w PCVw m M.b mw�i Df Mta wG '-4.1 m a 6 M.I S89Y'C6-E 1' 1 ]98.]C' ILam- am.Im 19 30 O IANDSURYEYORS svlc'n Hev]TaG'w i GR"CSCA INFEET i ��� ORBaG• 1917 S. GILBERT ST. IOWA CITY. IOWA 58240 �1 m m' Mw WW att WIILL4' �n SM,PAw ISIWFa x-0.Gn $•e ^�C M la -R -nw PY n R 4i PC rP111 PY N EdgD 3�D' PW ...Mw .1. IYMM (L AT P/S£ I{5 oxer �✓ _ _ unar _ _n6ywssw _ _ lJv4e Rolblm OSC-0O7 PERGOMREAM-FLLW Oed}211i PERCiIYFENEAY-PLW 06t}2011 f4RmYRi.11LLYEY/-Rw EASEMENT PLAT PEArAAwlrtanaD PwrAvmEsmRu 8 A PORTION OF AUDiTUR S 3 PARCEL 2DI4007 LOCATED IN THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER, OF A SECTION 18, TONSHIP 79 NORTH, RANCE 5 WEST. OF THE FIFTH PRINCIPAL MERIDIAN, IOWA CITY, m JOHNSON COUNTY. IOWA MMS CONSULTANTS, INC. d, 1 lA� 15w.5y mrUty oat( ole Imd .erol4na d..t wm 1a od aPA W. 9008 m w. po/omol Nr m. m PwT mr aewt l a Nat I am a OYr Ilam,.0 Wa Sumpr MI Mr be aw- a d nv smb ai law. M N agln 11 a m O. I®sllm. is law tb Nn 8165 RISS Nr 6m,m ,mw! CVb M. 90--(. d d 1018, PCVw m M.b mw�i Df Mta wG '-4.1 m a lJv4e Rolblm OSC-0O7 PERGOMREAM-FLLW Oed}211i PERCiIYFENEAY-PLW 06t}2011 f4RmYRi.11LLYEY/-Rw EASEMENT PLAT PEArAAwlrtanaD PwrAvmEsmRu 8 A PORTION OF AUDiTUR S 3 PARCEL 2DI4007 LOCATED IN THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER, OF A SECTION 18, TONSHIP 79 NORTH, RANCE 5 WEST. OF THE FIFTH PRINCIPAL MERIDIAN, IOWA CITY, m JOHNSON COUNTY. IOWA MMS CONSULTANTS, INC. d, 1 P M N M m a m e CMLLENGIMERS s LAND PLANNERS O IANDSURYEYORS m WID.SCAPEARCHITECTS ENVIROWFNTALSPECIALSTS 1917 S. GILBERT ST. IOWA CITY. IOWA 58240 (319) 351-11282 ww W.mmsconsWharftnet lJv4e Rolblm OSC-0O7 PERGOMREAM-FLLW Oed}211i PERCiIYFENEAY-PLW 06t}2011 f4RmYRi.11LLYEY/-Rw EASEMENT PLAT PEArAAwlrtanaD PwrAvmEsmRu 8 A PORTION OF AUDiTUR S 3 PARCEL 2DI4007 LOCATED IN THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER, OF A SECTION 18, TONSHIP 79 NORTH, RANCE 5 WEST. OF THE FIFTH PRINCIPAL MERIDIAN, IOWA CITY, m JOHNSON COUNTY. IOWA MMS CONSULTANTS, INC. d, 1 Hage., .12 ' , r s'rnrF o qty Return e Preparer:r:C. sso� ,•e Taxpayer:( For the consi consideration, Iowa WARRANTY MEED M Doe ID: 026805670002 Type: GEN Kind: WARRANTY DEED Recorded: 08/04/2017 at 01:30:35 PM Fee Amt: $17.00 Page 1 of 2 Revenue Tax: $0.00 Johnson County Iowa Kim Painter County Recorder BK5666 Pr46-47 City of Iowa City Iowa the following described real estate in Johnson County, Iowa: Described in the attached Right -of -Way Acquisition Plat. This Deed is a conveyance to a municipal corporation without consideration for use of the property as a public street, and is exempt from transfer tax pursuant to Section 428A.2(21) of the Code of Iowa (2017). Grantors do Hereby Covenant with grantees, and successors in interest, that grantors hold the real estate by title in fee simple; that they have good and lawful authority to sell and Convey the real estate; that the real estate is free and clear of all liens and encumbrances except as may be above stated; and grantors Covenant to Warrant and Defend the real estate against the lawful claims of all persons except as may be above stated. Each of the undersigned hereby relinquishes all rights of dower, homestead and distributive share in and to the real estate. Words and phrases herein, including acknowledgment hereof, shall be construed as in the singular or plural number, and as masculine or feminine gender, according to the context. Iowa City Community School District Dated on J311 2017 by: Chris VnVoard President (Grantor) loy;rWhifHansel, Board Secretary (Grantor) STATE OF IOWA COUNTY OF JOHNS N This record was acknowledged before me on July 2017 by Chris Lynch, O The Iowa State Bar Association lowaDoeso Form Na. 101, Warranty Deed Revised January 2016 Book: 5688 Page: 46 Seq: 1 Z6 0 Edi SBB g oID S W I1E GPAPHI 1"001 IE N FEET 1'=1m' flIGHT-OF-WAY A=MMON PARCEL NO. 1 2T.m6 g .0 AC NL PNWERW tttl m MID NL' LT IROV m NA PL c =LOW m G°aUM TOR'S PARCEL 2014007 w xc4R0 MIM Ire Mr 1tEYtP IwFLLtb1D N Mr p?]C b Fr PATE W r nC RFILPY+41' itE 2fISM fLWM pPlg . LfFYE LEGEND AND NOTES U - PRWP OMNOa(S), FWND (a noted) O - PROPOM CONHMS SET (Sm10wsadU N T vori :'iplmUc LS Cop WOPMW &/or BOUNDARY FINES MGHT-DF-WAY -NM (SIIIm IINM - LOTILNM PIAT O OR BY D® ----------- EASD MT UNt9. MOTH k PUWI)K HOMO -- --- MMG EASEMENT Wm FURPO+`E NOM__ ((R) _ RECORDED DIMMMONS (NJ - WOMRW OWENSIONS C22-1 - NRW EEG T NUMBER 52am Nom Omm%m NL notmal5 A IN ALT Ain flm R S POINT OF BEGINNING PARCEL NO. 2 RIGHT-OF-WAY ACQUISITION JOHNSON COUNTY, IOWA WORM : AND 6URWrOR AMR13ONOFTHENEV4 WANDAMI M.NOF GUM D. NDSN'E1t P.LS THl6EY4SE1p OF5EO11gY tbT]pNR3WOFTHE 1015 WN9ILTANTS INC. FSTHPY IOWACITr. JOHNStlICDMNII'.IOWA NN7 SIXrIHClBRT 310?£ SUR REOOES1E M IOWA CRT. IOWA. 52240 PHONE 319a 1-B2B2 IOWA aTY M6WUNRY SCNCOL NSRCT DOW.00IT IWW WWRMAMM 1785 N DODGE MHEET IOWA WW. IOWA 52249 LOUD SURVEYOT PRDPRRloROROYMFIi MTEOF41AVE1': IOWA GW COUNINRY SCHOOL DISTRICT 09-11-2013 1725 N BOOM SWFST m IOWA CW. IOWA 52245 DFS' IMO4 - WGHT-(Y'-WAY AWYISIUOW MOO. all A MMON W "OnWs PMM 2a gaaf LANG HTMN ME NWRPA9f WAltU31 W W WUWFAR 01MmR W sorno I 14 TtIlN91IP 79 NORM MIX 5 tlESf. Or THE RFTI PWNDPAL YFR'.NLN. JILWSILt IYUNW. ID'NA DFSmm m FGLV%S .11M NaTwt Pons M MOW. t4urJ 2011001. a eco . eM N. 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PIN MawW Reawdal F flat w ml. %, dwa N. Eml UMM ]21g M1at 6w9 wW FM W. m a 79 m 1Nnw s=r%=g wd fwt W Ns Poht a DprMy R .odd ,wd F®t w. an a 17= n, V.- S�wNaa1.W.;, MamellMM Ww E Na 2 aslalll. W2 auaw. 12.163015 PTAGDMREYEW-RLW 0531-2018 PEIt GDMPEVEW-Mw 0698-201T PEACRYREVIEW-RLW 88-iS2WT PQtGOY F➢W.PA'EIY-RlW RIGHT-OF-WAY ACQUISITION APORRONOFTHENE114OFTHE R M114 OF SECTION 18-TTBNR5W OF THE FIFTH PRINCIPAL MERIDUIN r, JOHNSON COUNTY. IOWA = MMS CONSULTANTS, INC. 12-15-2015. e. 1 N "i`g9 1 ha.Dy ca1UtY MN Nb Imd a1sw11n9 dawm.nt xag propoM and Ma rwabd wrn a am parfamad by m. or wdv my d0wt �a of InW'Skat.d O of Ioroa duly BwnaW Lard SLmpr ,Eales D Yh IS z ; O'jA (9812 �� t low � Li EIFN D. IOENF3L T LS Na W65 NY Iicmw r.nawJ dot. E Dcaambs 31. /ONA SEAL Pavoa s eNd.t@ wwrW by Mb ,Sra a 12.163015 PTAGDMREYEW-RLW 0531-2018 PEIt GDMPEVEW-Mw 0698-201T PEACRYREVIEW-RLW 88-iS2WT PQtGOY F➢W.PA'EIY-RlW RIGHT-OF-WAY ACQUISITION APORRONOFTHENE114OFTHE R M114 OF SECTION 18-TTBNR5W OF THE FIFTH PRINCIPAL MERIDUIN r, JOHNSON COUNTY. IOWA = MMS CONSULTANTS, INC. 12-15-2015. e. 1 N M � H M 0 a W m N CIVILENGINEERS e IANDFLANNERS o LAND SURVEYORS m LANDSCAPEARCHRECTS EYVIRONMENTALSPECIAUSTS 1917 S. GILBERTST. IOWACNY, IOWAS22A0 (319) 351-8282 W W W.mmsconsWtantsLnet 12.163015 PTAGDMREYEW-RLW 0531-2018 PEIt GDMPEVEW-Mw 0698-201T PEACRYREVIEW-RLW 88-iS2WT PQtGOY F➢W.PA'EIY-RlW RIGHT-OF-WAY ACQUISITION APORRONOFTHENE114OFTHE R M114 OF SECTION 18-TTBNR5W OF THE FIFTH PRINCIPAL MERIDUIN r, JOHNSON COUNTY. IOWA = MMS CONSULTANTS, INC. 12-15-2015. e. 1 Page I of 2 Fee Ilfflfllllllll�lfl�f�fllll�l�lll�lllllllflllll�llll�lllflllllll811�f1 Doc I0: 026805660002 Type: GEN RecordedRR08 04/2017 at 01:30:58 PM Fee Amt: $17.00 Page 1 of 2 Revenue Tax: $0.00 Johnson County Iowa Kim Painter County Recorder 3°gTATg WARRANTY DEED o °r Return to: C. Joseph Holland, 123N. Linn St., Suite 300, Iowa City, IA 52245 Preparers C. Joseph Holland, 123 N. Linn St., Suite 300 Iowa City, IA 52245, Phone: (319) 354-0331 �P'teo,nt*O� Taxpayer: Cit of Iowa Cit Iowa 410 E. Washington St. Iowa Ci IA 52240 For the consideration of One Dollar(s) and other valuablt consideration, Stephen P. Lacina and Julie A. Lacina, husband and wife- attached t e attached Right -of -Way Acquisition Plat. This Deed is a conveyance to a municipal corporation without consideration for use of the property as a public street, and is exempt from transfer tax pursuant to Section 428A.2(21) of the Code of Iowa (2017). Grantors do Hereby Covenant with grantees, and successors in interest, that grantors hold the real estate by title in fee simple; that they have good and lawful authority to sell and Convey the real estate; that the real estate is free and clear of all liens and encumbrances except as may be above stated; and grantors Covenant to Warrant and Defend the real estate against the lawful claims of all persons except as may be above stated. Each of the undersigned hereby relinquishes all rights of dower, homestead and distributive share in and to the real estate. Words and phrases herein, including acknowledgment hereof, shall be construed as in the singular or plural number, and as masculine or feminine gender, according to the context. Dated on July AT , 2017 '. ,cQ �.� (.lf 1�L1/. r/1Q�U1LL Stephen P. Lacina (Grantor) lie A. Lacina �7 (Grantor) STATE OF IOWA , COUNTY OF JOHNSON This record was acknowledged before me on July a l , 2017 , by Stephen P. Lacina and Julie A. Lacina. husband and wife EkXIIA4 PEGGYGRIMM Commission Number786321 My Commission Exp0es„ ® The Iowa State Bar Association 2016 Form No. 101, Warranty Deed IowaDxa® Revised January 2016 Book: 5688 Page: 48 Seq:1 1-61 RIGHT-OF-WAY ACQUISITION .JOHNSON COUNTY. IOWA -PRfP.WD BY gn, nt R Ta YYS .i TAr1S IXC 1917 S DIIYRT 3L IOWA an. 4MA M- (3m)RI-n D A./NBBDYI1w J (3197] wnntan1re _ — 13143r X195 C WUUH U UH'6 MMLLM "Y? �q®�a N �.%A w A<CAONY£ NAM I1C RAT TI6'1PLP "A" PFIdIF➢ P.AT %at MAT PN£ yW W1R PFLaiP'Li'TY .aMKN g- LLWIy pFtcPieYs etrv42 A=32'40Y6'�� �J Tea 2 R=17600' yA�g����� W N154A'2)'W Y sgv40 POINT OF BEGIN\N/IN)G esX.eX' Sy916iPE SWM WNt1Ot mutat � Y�' AREA 5.1MMARY TARIE 1/4 - 1 4 AREA 9iCllm 18-PW-PSW g 5E - m O00 ACHE [P Tfc pan PY NE - I 0.4fi ALAE FoUat KSl TOTAL IS9 AMt �dN(A AT PARE 110 FAsr DuwTn mnJ6R M // / SEDDW lo-na p- I. 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PotO P4Jdslan 12-15W15 POtCflMRLYIEY!-RLW OBOSTMT PERCIIY REVIEW RIGHT-OF-WAY ACQUISITION BARRINGTON ROAD APORTION OFTHENEI14OF THE 611114 AND A PORTION OF THE 6E114 OF THE SE114 ALL OF SECTION 18.T7BN-RSW OF THE FIFTH PRINCIPAL MERIDIAN C JDHNSCNDOIINTY,IOWA MMS CONSULTANTS, INC. g Chat .,n An nMC R r My m Md A a m m m m CMI.BrIKEERS e LAND PLANNERS m IANDSURVEYORS IANDSCAPEARCH]TECTS ENVIROMMENTAL SPECKIS IS 1917 S. GILBERT ST. IOWA CITY, IOWA 62240 (319) 361-9262 W W W.mmsgDnsultanYs.f181 PotO P4Jdslan 12-15W15 POtCflMRLYIEY!-RLW OBOSTMT PERCIIY REVIEW RIGHT-OF-WAY ACQUISITION BARRINGTON ROAD APORTION OFTHENEI14OF THE 611114 AND A PORTION OF THE 6E114 OF THE SE114 ALL OF SECTION 18.T7BN-RSW OF THE FIFTH PRINCIPAL MERIDIAN C JDHNSCNDOIINTY,IOWA MMS CONSULTANTS, INC. g Chat .,n An nMC R �LlL Doc ID; 026820450010 Type: GEN Kind: ORDINANCE Recorded: 08/21/2017 at 11:49:31 AM Fee Amt: $52.00 Pape 1 of 10 Johnson County Iowa Kim Painter CountV Recorder SK 5693 PG769-773 STATE OF IOWA ) )SS JOHNSON COUNTY ) ( b 1 •' — —fid, =" a 'k aQOWN • Crty Df 4 k I, Kellie K. Fruehling, City Clerk of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of Ordinance No. 17-4718 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 15th day of August, 2017, is a true and correct copy, all as the same appears of record in my office. Dated at Iowa City, Iowa, this 17th day of August, 2017. Kellie K. Fruehling City Clerk \ord (09POWE 410 EAST WASHINGTON STREET • IOWA CITY, IOWA 52240-1826 • (319) 356-5000 • FAX (319) 356-5009 f l 5fk_. Prepared by: Sarah Walz, Associate Planner, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5239 (REZ17- 00011) Ordinance No. 17-4718 An ordinance conditionally rezoning approximately 1.59 acres of property located west of Taff Avenue and east of Huntington Drive, from Medium Density Single -Family Residential (RS -8) zone to Low Density Multi -Family Residential (RM -12) zone. (REZ17-00011) Whereas, the applicant, Arlington LC, has requested a rezoning of property located West of Taft Avenue and East of Huntington Drive from Medium Density Single -Family Residential (RS -8) zone to Low Density Multi -Family Residential (RM -12) zone; and Whereas, the Comprehensive Plan indicates that the area is appropriate for low density residential uses; and Whereas, the Planning and Zoning Commission has the reviewed the proposed rezoning and determined that it complies with the Comprehensive conditions regarding the future upgrade of Taft Avenue as an arterial street, minimum lot depths and landscape buffers for double -fronting lots, and compliance with the applicant's proposed townhome designs intended to provide an appropriate transition to the adjacent single-family to the north and east; and Whereas, Iowa Code §414.5 (2017) provides that the City of Iowa City may impose reasonable conditions on granting a rezoning request, over and above existing regulations, in order to satisfy public needs caused by the requested change; and Whereas, the owner and applicant has 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 Medium Density Single -Family Residential (RS -8) zone to Low Density Multi -Family Residential (RM -12) zone: BEGINNING AT THE SOUTHEAST CORNER OF AUDITOR'S PARCEL 2004098, IOWA CITY IOWA, IN ACCORDANCE WITH THE PLAT THEREOF RECORDED IN PLAT BOOK 48, AT PAGE 113 IN THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE; THENCE S89°59'58"W, ALONG THE SOUTH LINE OF SAID AUDITOR'S PARCEL, 271.69 FEET; THENCE NORTHEASTERLY 13.37 FEET ALONG A 500.00 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY, WITH A 13.37 FOOT CHORD BEARING N28°43'38"E; THENCE N27°57'40"E, 30.61 FEET; THENCE NORTHEASTERLY 142.28 FEET ALONG A 281.50 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY, WITH A 140.77 FOOT CHORD BEARING N13°28'53"E; THENCE N00059'54"W, 129.68 FEET; THENCE N89000'06"E, 215.00 FEET TO A POINT ON THE EASE LINE OF AUDITOR'S PARCEL 2004098; THENCE S00°59'54"E ALONG SAID EAST LINE, A DISTANCE OF 309.10 FEET TO THE POINT OF BEGINNING, CONTAINING 1.59 ACRES, (69,399 SQUARE FEET), 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. X Ordinance No. 17-4718 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 15thday of August 120 1-7 Jim #hrogmwon,`MAYOFF Kellie K. Frue'hling, CITY CLEV Appr yed by i City Attorneys Office i ROM R1 a Ordinance No. 17-4718 Page 3 It was moved by Mims and seconded by Thomas Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: ABSTAIN: First Consideration Vote for passage:AYES: Thomas, Throgmorton, Second Consideration _ Vote for passage: Date published x 08/01/2017 Botchway Cole Dickens Mims Taylor Thomas Throgmorton Cole, Dickens, Mims, Taylor, Botchway. NAYS: None. ABSENT: None. 08/24/2017 that the Moved by Mims, seconded by Taylor, that the rule requiring ordinances to be considered andvoted 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 voi-e be waived and the ordinance be voted upon for final passage at this time. AYES: Thomas, Throgmorton, Botchway, Cole, Mims, Taylor. NAYS:None. ABSENT: Dickens. Prepared by: Sarah Walz, Associate Planner, 410 E. Washington, Iowa City, IA 52240 (319) 356-5239 (REZ17- 00011) CONDITIONAL ZONING AGREEMENT THIS AGREEMENT is made between the City of Iowa City, Iowa, a municipal corporation (hereinafter "City"), and Arlington, LC. (hereinafter "Owner"): WHEREAS, Owner is the legal title holder of approximately 1.59 acres of property located on Huntington Drive West of Taft Avenue; and WHEREAS, the Owner has requested the rezoning of said property from Medium Density Single -Family Residential (RS -8) to Low Density Single -Family Residential (RM -12) zone; and WHEREAS, the Planning and Zoning Commission has determined that, with appropriate conditions regarding the future upgrade of Taft Avenue, the need to buffer residential development on double -fronting lots abutting Taft Avenue, and the appropriate design of townhomes to transition into the adjacent single-family development, the zoning is in conformance with the Comprehensive Plan; and WHEREAS, Iowa Code §414.5 (2017) provides that the City of Iowa City may impose reasonable conditions on granting an applicant's rezoning request, over and above existing regulations, in order to satisfy public needs caused by the requested change; and WHEREAS, the Owner acknowledges that certain conditions and restrictions are reasonable to ensure the development of the property is consistent with the Comprehensive Plan and the need for right-of-way improvements and buffering development from traffic along the arterial street; and WHEREAS, the Owner agrees to develop this property in accordance with the terms and conditions of this Conditional Zoning Agreement. NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties agree as follows: 1. Arlington Development, Inc. is the legal title holder of the property legally described as follows: BEGINNING AT THE SOUTHEAST CORNER OF AUDITOR'S PARCEL 2004098, IOWA CITY IOWA, IN ACCORDANCE WITH THE PLAT THEREOF RECORDED IN PLAT BOOK 48, AT PAGE 113 IN THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE; THENCE S89°59'58"W, ALONG THE SOUTH LINE OF SAID AUDITOR'S PARCEL, 271.69 FEET; THENCE NORTHEASTERLY 13.37 FEET ALONG A 500.00 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY, WITH A 13.37 FOOT CHORD BEARING N28°43'38"E; THENCE N27°57'40"E, 30.61 FEET; THENCE NORTHEASTERLY 142.28 FEET ALONG A 281.50 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY, WITH A 140.77 FOOT CHORD BEARING N13°28'53"E; THENCE N00°59'54"W, 129.68 FEET; THENCE N89°00'06"E, 215.00 FEET TO A POINT ON THE EASE LINE OF AUDITOR'S PARCEL 2004098; THENCE S00°59'54"E ALONG SAID EAST LINE, A DISTANCE OF 309.10 FEET TO THE POINT OF BEGINNING, ppdeinJagtl=17 08011 me stone bntlge ora 2 1 •f '� V CONTAINING 1.59 ACRES, (69,399 SQUARE FEET), AND SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. 2. The Owner acknowledges that the City wishes to ensure conformance to the principles of the Comprehensive Plan. Further, the parties acknowledge that Iowa Code §414.5 (2017) provides that the City of Iowa City may impose reasonable conditions on granting an applicant's rezoning request, over and above the existing regulations, in order to satisfy public needs caused by the requested change, including the future upgrade of Taft Avenue and appropriate buffers for lots that front on to the arterial street. 3. In consideration of the City's rezoning the subject property, Owner agrees that development of the subject property will conform to all other requirements of the zoning chapter, as well as the following conditions: a. At time of final plat, the developer shall grant to City necessary temporary construction easements, as determined by the City, at no expense to the City, for the improvement of Taft Avenue to City standards; b. Prior to issuance of a building permit, the developer shall contribute 12.5% of the cost of upgrading to City standards that portion of Taft Avenue adjacent to the land currently being rezoned, as described in paragraph 1 above, pursuant to Iowa City Ordinance 15- 3-21K. The cost shall be based on an estimate to be provided by the City Engineer; and c. lots adjacent to Taft Avenue shall be a minimum of 140 feet in depth; and d. A minimum of 50% of the landscaping along Taft Avenue shall be comprised of evergreen plantings. The landscaping in all other aspects shall substantially comply with the attached landscaping plan. 4. The Owner and City acknowledge that the conditions contained herein are reasonable conditions to impose on the land under Iowa Code §414.5 (2017), and that said conditions satisfy public needs that are caused by the requested zoning change. 5. The Owner and City acknowledge that in the event the subject property is transferred, sold, redeveloped, or subdivided, all redevelopment will conform with the terms of this Conditional Zoning Agreement. 6. The parties acknowledge that this Conditional Zoning Agreement shall be deemed to be a covenant running with the land and with title to the land, and shall remain in full force and effect as a covenant with title to the land, unless or until released of record by the City of Iowa City. The parties further acknowledge that this agreement shall inure to the benefit of and bind all successors, representatives, and assigns of the parties. The Owner acknowledge(s) that nothing in this Conditional Zoning Agreement shall be construed to relieve the Owner or Applicant from complying with all other applicable local, state, and federal regulations. 8. The parties agree that this Conditional Zoning Agreement shall be incorporated by reference into the ordinance rezoning the subject property, and that upon adoption and ppdad"agUreZ17-00011 c stone bntlge ore 2 2 ( O publication of the ordinance, this agreement shall be recorded in the Johnson County Recorder's Office at the Applicant's expense. Dated this 15th day of August , 2017. City of Iowa City Com - Ji a V jfi-6rtoh Ma or C.� eQ, fittest„ �, r ` Kellie K. fFruehlin , City Clerk Approved by: COR OM11 �G City Attorney's Office g,7 717— City Of Iowa City Acknowledgement: STATE OF IOWA ) ) ss: JOHNSON COUNTY ) Arlington, LC By. SfA1 This instrument was acknowledged before me on /"u s� 1,5- , 20)7 by Jim Throgmorton (put in name of current Mayor) and Kellie K. Fruehling (put in name of current City Clerk) as Mayor and City Clerk, respectively, of the City of Iowa City. W Notary Public inland for t"Wow; YER (Stamp Or Seal) ` 729428 EXPtres Title (and Rank)s ec; o� Li c ertiS.2 � ppdadMagVrez17-W011c stone bridge =2 3 r o This was acknowledged before me on as Notary Public i (Sta r Seal) itle (and Rank) Arlington LC, Acknowledgment: State of County oT�ccc and State Inc. This record was acknoViedged before me on 411 1201`1 (Date) b j9 1'k' wwjc.'Jr. (Name(s) of individual(s) as (type of authority, such as officer or trustee) of ilio ova L—C, (name of party on behalf of whom record was executed) v Notary Public in and f6r the State of Iowa (Stamp or Seal) Title (and Rank) My commission expires:`117B �e) ppdaCMagUm17-0XjI as Slone badge Q 2 4 ntq z�k SHERRI NOVAK Commission ion NumberMbel 75930s My c9m rows Iis'ion Expires 7 3ii�K_ v Notary Public in and f6r the State of Iowa (Stamp or Seal) Title (and Rank) My commission expires:`117B �e) ppdaCMagUm17-0XjI as Slone badge Q 2 4 ntq Ml m 1 VIVV I i +II � i 1 i f-• i 8 aF-' - NRCF Er£FGNlfN SM3E'JS ION W. VARIT rn RFFS LdREE [FCf.•lrll. W4WNe9.E Y0.P2 I r Al _Y- I?M. " ST Y.R.IRNJV VA�F,-'.l[i dl`/ IacusT fa' cd� IksTar.�En? ;3e' �• r a,iuSn? rlv� Fy(.•�TR' :ate rune. N.nc scx¢-rry IL5f.Trvt I+CNRtS fYr E:1.1T6Y. �LLLT 'aYIR tlSrTC. WArG'Y.IUtASL'q P+e+Mf.eic Yrw.mmear�,N eM y+N OJ:i Sd1Rl1CC TDNRmM.ILiMR 6:b4 mmaPaor Pn Landscape Flan STONE BRIDGE ESTATES PAtiTTEN IDWACrY JOHMN CUL -M ICP/'A WS OTIM Twit, INC 'IWIZIUS ewa.n ��w.mnw. 1 CSS. IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Doc ID: 026823450005 Type: GEN Kind: RESOLUTION Recorded: 06/23/2017 at 01:59:53 PM Fee Amt: $27.00 Pape 1 of 5 Johnson County Iowa Kim Painter County Recorder EK5695 PG231-235 STATE OF IOWA ) ) SS JOHNSON COUNTY ) Cez, /i49 I, Kellie K. Fruehling, City Clerk of Iowa City, Iowa, do hereby certify that the Resolution attached hereto is a true and correct copy of Resolution No. 17-269 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 15th day of August, 2017, all as the same appears of record in my office. Dated at Iowa City, Iowa, this 22P -A -day of August, 2017. �-ee-� —)� gt�=j �� Ke lie K. Fruehling City Clerk CORPOM 1 9 fires 410 EAST WASHINGTON STREET • IOWA CITY, IOWA 52240-1826 • (319) 356-5000 • FAX (319) 356-5009 Q-1 ZC4115> Prepared by: Susan Dulek, Ass't. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5230 Resolution No. 17-269 Resolution approving termination of agreement with ATI Properties, L. L. C. Whereas, on March 30, 1999, ATI Properties, L.L.C. and the City entered into the Agreement ("Agreement") to fulfill a condition of a special exception granted by the Iowa City Board of Adjustment in EXC98-00029; Whereas, said condition was a traffic barrier in a private commercial parking lot at 1410 Waterfront Drive; and Whereas, because the Iowa City Board of Adjustment in a decision in EXC17-00004 removed said condition thereby eliminating the need for the Agreement, the Agreement should be terminated. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that: 1. The Mayor is authorized to sign and the City Clerk to attest the attached Termination of Agreement. 2. The City Clerk should record this resolution and the attached Termination of Agreement at cost to ATI Properties, L.L.C. Passed and approved this 15th day of August, 2017. �2- / Ma r Attes ZGee_e ity Clerk U (OF�fnAiER App City Attorney's Office 1 Resolution No. 17-269 Page 2 It was moved by sotchway and seconded by Thomas the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: ABSTAIN: x Botehway % Cole x Dickens x Mims % Taylor % Thomas x Throgmorton Drafted by: Susan Dulek, Ass't. City Attorney, 410 E. Washington St., Iowa City, IA 52240; 319/356-5030 TERMINATION OF AGREEMENT WHEREAS, on March 30, 1999, ATI Properties, L.L.C. ("ATI") and the City of Iowa City ("City") entered into the Agreement ("Agreement") to fulfill a condition of a special exception granted by the Iowa City Board of Adjustment in EXC98-00029 recorded February 17, 1999 in Book 2679, Page 106 in the office of the Johnson County Recorder; WHEREAS, said condition was a traffic barrier in a private commercial parking lot at 1410 Waterfront Drive, legally described as: Lot 3, Southgate Addition, Part Two, a Final Plat in the City of Iowa City, County of Johnson, State of Iowa, recorded as Document 026468050001, at Book 60, Page 300, of the official land records of Johnson County, Iowa; WHEREAS, the Agreement was recorded in the office of the Johnson County Recorder on September 23, 1999 in Book 2833, Page 38; WHEREAS, the Iowa City Board of Adjustment in a decision in EXC17-00004 recorded on July 17, 2017 in Book 5678, Page 205 amended EXC98-00029 and removed the traffic barrier condition thereby eliminating the need for the Agreement; and WHEREAS, because of the decision in EXC17-00004, the Agreement should be terminated. THEREFORE, the City and ATI mutually agree as follows: 1. The Agreement is terminated upon execution. 2. Upon termination, the City and ATI fully release the other party from any and all liability and obligations, including all claims, demands, and causes of action of every nature arising out of the Agreement. 3. ATI shall pay the recording fee to record the City Council resolution approving this termination and the Agreement. Dated,this 15th dayof August 2017. CITY OF IOWAA�CITY, IOWA By: f' ��— ames A. Throgmo on Mayor Atte �( Kellie K. Fruehli City Clerk ATI PEz- O1 S�L.L.C. J By: � �;—_ a Kantamnem Title: Manager co POU [k ,I STATE OF IOWA JOHNSON COUNTY This instrument was acknowledged before me on 2017 by Mukunda Kantamneni as a member of ATI Properties, L.L.C. KATHLEEN M THORNTON Notary Public in and for the State of Iowa Commission Number 764003 My Commission expires: My C mi sion Expir STATE OF IOWA JOHNSON COUNTY %1v-qu5( On this 15 th day ofJt1y�2017, before me, a Notary Public in and for the State of Iowa, personally appeared James A. Throgmorton and Kellie K. Fruehling, to me personally known, and, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa; that the instrument was signed and sealed on behalf of the corporation by authority of its City Council, and that James A. Throgmorton and Kellie K. Fruehling acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. I Notary Publiblin and for theslatLW My commission expires: NDY $�. �Z6 2 21 Doc ID: 026838030003 Type: GEN Kind: ORDINANCE Recorded: 09/07/2017 at 02:25:38 PM Fee Amt: $17.00 Page 1 of 3 Johnson County Iowa Kim Painter County Recorder BK5701 PG853-855 STATE OF IOWA ) ) SS JOHNSON COUNTY ) I, Kellie K. Fruehling, City Clerk of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of Ordinance No. 17-4721 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 5th day of September, 2017, is a true and correct copy, all as the same appears of record in my office. Dated at Iowa City, Iowa, this ��� day of September, 2017. „ Kellie K. Fruehling City Clerk \ord 410 EAST WASHINGTON STREET • IOWA CITY, IOWA 52240-1826 9 (319) 356-5000 • FAX (319) 356-5009 Prepared by: Karen Howard, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5251 (REZ17-00012) ORDINANCE NO. 17-4721 AN ORDINANCE REZONING 2500 SQUARE FEET OF PROPERTY FROM PLANNED HIGH DENSITY MULTI -FAMILY RESIDENTIAL (PRM) ZONE TO RIVERFRONT CROSSINGS — CENTRAL CROSSINGS (RFC -CX) ZONE FOR PROPERTY LOCATED AT 114 E. PRENTISS STREET (REZ17- 00012) WHEREAS, the applicant, Roby Miller, has requested a rezoning of property locally known as 114 E. Prentiss Street from Planned High Density Multi -Family Residential (PRM) zone to Riverfront Crossings — Central Crossings (RFC -CX) zone; and and WHEREAS, the subject property is located in the Central Crossings subdistrict of Riverfront Crossings; WHEREAS, the Downtown and Riverfront Crossings Master Plan, an integral part of the Comprehensive Plan, sets forth goals and objectives for the Central Crossings subdistrict, including promoting a mix of housing options and improving the quality of residential design; and WHEREAS, the zoning standards that apply in the Central Crossings zoning district encourage development that is of a scale and design to achieve the desired development character described in the Riverfront Crossings Master Plan and will improve the quality of the neighborhood by encouraging reinvestment in existing properties; and WHEREAS, the proposed zoning will allow conversion and re -use of an existing building on a very small property into a duplex; WHEREAS, the Planning and Zoning Commission has the reviewed the proposed rezoning and determined that it complies with the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I APPROVAL. The property described below is hereby reclassified from its current zoning designation of Planned High Density Multi -Family Residential (PRM) Zone to Riverfront Crossings -Central Crossings (RFC -CX) Zone: COUNTY SEAT ADDITION E 50' OF S 50' LOT 5 BILK 8 SECTION II. ZONING MAP. The building official is hereby authorized and directed to change the zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval and publication of the ordinance as approved by law. SECTION III. CERTIFICATION AND RECORDING Upon passage and approval of the Ordinance, the City Clerk is hereby authorized and directed to certify a copy of this ordinance, and record the same in the Office of the County Recorder, Johnson County, Iowa, at the Owner's expense, upon the final passage, approval and publication of this ordinance, as provided by law. SECTION IV. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION V. SEVERABILITY If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION VI. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this 9th day of September 2017. G, MA R /COPOMI[IJAIK i �I APPROVED BY: CITY ATTORNEY'S OFFICE P(1417 Ordinance No. 17_472 Page 2 It was moved by Mims and seconded by Dickens Ordinance as read be adopted, and upon roll call there were: AYES: NAYS ABSENT: ABSTAIN: Botchway Cole Dickens Mims Taylor Thomas Throgmorton First Consideration 08/15/2017 Voteforpassage: AYES: Mims, Taylor, Thomas, Throgmorton, Botchway, Cole. NAYS: None ABSENT: Dickens Second Consideration _ Vote for passage: Date published 09/14/2017 that the Moved by Mims, seconded by Dickens, that the rule requiring ordinances to be considered and voted on for passage at two Council meetings prior to the meeting�at which it is to be finally passed be. suspended, the second consideration and vote be waived and the ordinance be voted upon for final passage at this time. EA Doc ID: 026838040006 Type: GEN Kind: RESOLUTION Recorded: 09/07/2017 at 02:27:37 PM Fee Amt: $32.00 Page 1 of 6 Johnson County Iowa Kim Painter County Recorder 13K5701 PG856-861 STATE OF IOWA ) ) SS JOHNSON COUNTY ) I, Kellie K. Fruehling, City Clerk of Iowa City, Iowa, do hereby certify that the Resolution attached hereto is a true and correct copy of Resolution No.17-280 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 5th day of September, 2017, all as the same appears of record in my office. Dated at Iowa City, Iowa, this (04-11 day of September, 2017. COMM E [Al 2C Kellie K. Fruehling City Clerk fires 410 EAST WASHINGTON STREET • IOWA CITY, IOWA 52240-1826 • (319) 356-5000 • FAX (319) 356-5009 fO Prepared by: Sara Greenwood Hektoen, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240, 356-5030 Resolution No. 17-280 Resolution Authorizing an Amendment to the Subdivider's Agreement for Cardinal Pointe South, Part Three Regarding Outlots E and F. Whereas, the City and The Crossing Development, L.C. entered into a Subdivider's Agreement for Cardinal Pointe South, Part Three, Iowa City, Iowa, approved by the City Council on February 5, 2013 (Resolution 13-36), and recorded in the Johnson County Recorder's Office on February 12, 2013 in Book 5050, Pages 613-640 Whereas, pursuant to Section 12(E) of the Subdivider's Agreement, Outlots E and F were to be reserved for and used for the installation of mailboxes for US Postal Service mail distribution, and were to be owned and maintained by the Owner until ownership was transferred to a home owners' association; and Whereas, the final plat for said subdivision, recorded in Book 57, Page 185, contains a note indicating such use of Outlots E and F; and Whereas, notes on a plat 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, as set forth in Iowa City Code Section 15-2-3 and as stated on said final plat; and Whereas the USPS has elected not to utilize Outlots E and F for mailboxes, and instead directed the Owner to install the cluster in a different location; Whereas, the Owner now desires to convey Outlots E and F to the adjacent lot owners free of this use restriction; and Whereas, Staff has reviewed this request and finds it to be in the public interest to amend the subdivider's agreement and allow conveyance to private property owners to better ensure that these outlots are properly maintained. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The Amendment to the Subdivider's Agreement attached hereto is hereby approved. 2. Upon direction of the City Attorney, the Mayor is authorized to sign and the City Clerk to attest any and all documentation necessary to effectuate these agreements, including the execution of the attached documents, and to record all necessary documentation at Owner's expense. Passed and approved this 5th day of September , 2017. M OR �cl) 1� R9solution No. 17-280 Page 2 ATTE T.e " TY CLERK CORPOM E 9t Approved by City Attorney's Office 31 11-7 V, Resolution No. 17-280 Page 3 It was moved by Mims Resolution be adopted, and upon roll cal AYES: NAYS: ABSENT: and seconded by Taylor the there were: ABSTAIN: Botchway Cole Dickens Mims Taylor Thomas Throgmorton -q Amendment No. 1 Subdivider's Agreement Cardinal Pointe South Part Three This Amendment No. 1 to the Subdivider's Agreement is made by and between The Crossing Development, LC (Owner) and the City of Iowa City, Iowa (City). Whereas, the City and The Crossing Development, LC entered into a Subdivider's Agreement for Cardinal Pointe South, Part Three, Iowa City, Iowa, approved by the City Council on February 5, 2013 (Resolution 13-36), and recorded in the Johnson County Recorder's Office on February 12, 2013 in Book 5050, Pages 613-640. Whereas, pursuant to Section 12(E) of the Subdivider's Agreement, Outlots E and F were to be reserved for and used for the installation of mailboxes for US Postal Service mail distribution, and were to be owned and maintained by the Owner until ownership was transferred to a home owners' association; and Whereas the USPS has elected not to utilize Outlots E and F for mailboxes, and instead directed the Owner to install the cluster in a different location; and Whereas, the Owner has installed the mailbox cluster in the location established by the USPS and now desires to convey Outlots E and F to the adjacent lot owners free of this use restriction; and Whereas, the City has reviewed this request and finds it to be in the public interest to amend the subdivider's agreement and allow conveyance to private property owners to better ensure that these outlots are properly maintained. Now, therefore, It is hereby agreed as follows: 1. Paragraph 12 (E) of the Subdivider's Agreement is hereby deleted. Outlot E need not be used for a mailbox cluster and may be transferred to the Owner of Lot 48. Likewise, Outlot F need not be used for a mailbox cluster and may be transferred to the Owner of Lot 36. 2. All other provisions of the Subdivider's Agreement not herein amended shall remain in full force and effect. Agreed to on this 5th day of September, 2017. CITY OF IOWA CITY By:: C • / Jameg A. Throgmorton, ayor THE CROSSING DEVELOPMENT, LC By - Caleb y.Caleb Wilson, Manager 1A Page 2 ATTEST; Wing, C Kellie K. ruehling, City Oierk (0RPOpp1ESEAt Approved by: I., y F% O City Attorney's Office d2jIt-7 Date 2-1 FeE IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Doc ID: 026850040004 Type: GEN Kind: ORDINANCE Recorded: 09/22/2017 at 02:36:04 PM Fee Amt: $22.00 Pape 1 of 4 Johnson County Iowa Kim Painter County Recorder BK5706 PG923-926 STATE OF IOWA ) )SS JOHNSON COUNTY 1 ��rr a r it'J6 ° 'L '+ A0=1 � W6 - f City of ©40% C I, Kellie K. Fruehling, City Clerk of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of Ordinance No.17-4722 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 19th day of September, 2017, is a true and correct copy, all as the same appears of record in my office. Dated at Iowa City, Iowa, this r46 -/- day of September, 2017. Kellie K. ruebling City Clerk \ord (ORPORAiESK 410 EAST WASHINGTON STREET • IOWA CITY, IOWA 52240-1826 • (319) 356-5000 • FAX (319) 356-5009 0 5C4 Prepared by: Sylvia Bochner, Planning Intern, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5240 (REZ17-00013) Ordinance No. 17-4722 Ordinance rezoning approximately 0.20 acres of property from Central Business Support (CB -5) to Central Business Support with a Historic Preservation Overlay (CB -5 / OHP) zone located at 10 South Gilbert Street. (REZ17-00013) Whereas, the applicant, Jesse Allen, has requested a rezoning of property located at 10 South Gilbert Street from Central Business Support (CB -5) to Central Business Support with a Historic Preservation Overlay (CB -5 / OHP); and Whereas, this structure was originally constructed in. 1907 as the Unitarian -Universalist Church, embodies a distinctive characteristics of Tudor -Revival architecture, and is historic in its association with Eleanor Gordon and her pioneering impact on the Unitarian ministry; and Whereas, the Comprehensive Plan encourages the preservation of historic buildings in the Downtown district; and Whereas, the Historic Preservation Commission has reviewed the proposed Historic Landmark designation, has found that it meets the criteria for landmark designation in its significance to Iowa City history, integrity of location and design, and its distinctive architectural characteristics, and has recommended approval; and Whereas, the Planning and Zoning Commission has reviewed the proposed Historic Landmark designation rezoning, has found that it meets the Downtown and Riverfront Crossings Master Plan goal of protecting the historic character of the Downtown district, and has recommended approval. Now, therefore, be it ordained by the City Council of the City of Iowa City, Iowa: Section I. Historic Landmark Approval. Property described below is hereby reclassified from its current zoning designation of Central Business Support (CB -5) zone to Central Business Support with a Historic Preservation Overlay (CB -5 / OHP) zone: N 110' Lot 4, Block 44, Original Town, Iowa City, Iowa Section II. Zoning Map. The Building Inspector is hereby authorized and directed to change the zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval and publication of this ordinance by law. Section III. Certification And Recording. Upon passage and approval of the Ordinance, the City Clerk is hereby authorized and directed to certify a copy of this ordinance and to record the same, at the office of the County Recorder of Johnson County, Iowa, at the owner's expense, all as provided by law. Section IV. Repealer. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Section V. Severability. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. Section VI. Effective Date. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this 19th day of September 2017 Ordinance No. 17-4722 Page 2 M yor /J Approved/ by: Attest: Clerk City Attorney's Office o,110117 COPPOM I [At Ordinance No. 17-4722 Page 3 It was moved by Dickens and seconded by Botchway that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: ABSTAIN: x Botchway x Cole x Dickens x Mims x Taylor x Thomas x Throgmorton First Consideration 08/15/2017 Vote forpassage:AYES : Mims, Taylor, Thomas, Throgmorton, Botchway, Cole. NAYS: None. ABSENT: Dickens Second Consideration 09/05/2017 Voteforpassage: AYES:Mims,Taylor, Thomas, Throgmorton, Bo tchway Cole, Dickens. NAYS: None ABSENT: None Date published_ 09/28/2017 Far r-� Doc ID: 026850060011 Type: GEN Kind: ORDINANCE Recorded: 09/22/2017 at 02:37:39 PM Fee Amt: $57.00 Pape 1 of It Johnson County Iowa Kim Painter County Recorder SK5706 PG941-951 STATE OF IOWA ) ) SS JOHNSON COUNTY ) I, Kellie K. Fruehling, City Clerk of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of Ordinance No.17-4723 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 19th day of September, 2017, is a true and correct copy, all as the same appears of record in my office. Dated at Iowa City, Iowa, this �-216f day of September, 2017. Kell e K. Fruehling ff City Clerk \ord r,^,"BORATE SERI 410 EAST WASHINGTON STREET • IOWA CITY, IOWA 52240-1826 • (319) 356-5000 • FAX (319) 356-5009 31 Prepared by: Sylvia Bochner, Planning Intern, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5240 (RF117-00009) Ordinance No. 17-4723 An ordinance conditionally rezoning approximately 21.77 acres of property located north of Rohret Road and west of Lake Shore Drive, from Rural Residential, RRA (4.16 acres) and Interim Development Single -Family Residential, ID -RS (17.61 acres) to Low - Density Single -Family Residential, RS -5, zone. (REZ17-00009) Whereas, the applicant, Watts Group Construction, has requested a rezoning of property located north of Rohret Road and west of Lake Shore Drive from Rural Residential, RR -1 (4.16 acres) and Interim Development Single -Family Residential, ID -RS (17.61 acres) to Low -Density Single -Family Residential, RS - 5, zone; and Whereas, the Comprehensive Plan indicates that this area is appropriate for single-family and duplex residential development; and Whereas, the Low -Density Single -Family (RS -5) Zone would allow a maximum of 5 dwelling units per acre, which is within the range indicated by the Comprehensive Plan; 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 water pressure analysis and improvements to Rohret Road ; and Whereas, Iowa Code §414.5 (2017) provides that the City of Iowa City may impose reasonable conditions on granting a rezoning request, over and above existing regulations, in order to satisfy public needs 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 designations of Rural Residential (RR -1) and Interim Development Single Family Residential (ID -RS) to Low -Density Single -Family Residential (RS -5): (Rezone from ID -RS to RS -5) BEGINNING AT THE NORTHWEST CORNER OF THE NORTHWEST ONE-QUARTER OF THE NORTHEAST ONE-QUARTER OF SECTION 24, TOWNSHIP 79 NORTH, RANGE 7 WEST OF THE FIFTH PRINCIPAL MERIDIAN, JOHNSON COUNTY, IOWA; THENCE S89°48'18"E, ALONG THE NORTH LINE OF SAID NORTHWEST ONE-QUARTER OF THE NORTHEAST ONE-QUARTER, 634.15 FEET; THENCE S21052'26"E, 158.18 FEET; THENCE NORTHEASTERLY, 318.76 FEET, ALONG AN ARC OF A 1720.00 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY, WHOSE 318.30 FOOT CHORD BEARS N62049'01"E, TO A POINT ON SAID NORTH LINE; THENCE S89°47'31"E, ALONG SAID NORTH LINE, 346.07 FEET, TO THE NORTHEAST CORNER THEREOF; THENCE S89°47'31"E, ALONG THE NORTH LINE OF THE NORTHEAST ONE-QUARTER OF THE NORTHEAST ONE- QUARTER OF SAID SECTION 24, A DISTANCE OF 78.00 FEET, TO A POINT ON THE SOUTHERLY j t✓ /9 Ordinance No. 17-4723 Page 2 LINE OF COUNTRY CLUB ESTATES, THIRD ADDITION, IOWA CITY, IOWA, IN ACCORDANCE WITH THE PLAT THEREOF RECORDED IN PLAT BOOK 54, AT PAGE 221, IN THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE; THENCE S29°33'01"E, ALONG SAID SOUTHERLY LINE, 133.10 FEET, TO THE SOUTHERN MOST CORNER THEREOF, AND A POINT ON THE CENTERLINE OF ROHRET ROAD SW; THENCE S59°56'46"W, ALONG SAID CENTERLINE, 111.34 FEET; THENCE S59°43'58"W, ALONG SAID CENTERLINE, 926.42 FEET; THENCE S59°44'45"W, ALONG SAID CENTERLINE, 653.90 FEET, TO A POINT ON THE EAST LINE OF SLOTHOWER ROAD; THENCE N00°16'13"W, ALONG SAID EAST LINE, 973.05 FEET, TO SAID POINT OF BEGINNING. SAID TRACT CONTAINS 17.61 ACRES, MORE OR LESS, AND IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. (Rezone from RR -1 to RS -5) BEGINNING AT THE SOUTHWEST CORNER OF THE SOUTHWEST ONE-QUARTER OF THE SOUTHEAST ONE-QUARTER OF SECTION 13, TOWNSHIP 79 NORTH, RANGE 7 WEST OF THE FIFTH PRINCIPAL MERIDIAN, JOHNSON COUNTY, IOWA; THENCE N01°15'57"E, ALONG THE WEST LINE OF SAID SOUTHWEST ONE-QUARTER OF THE SOUTHEAST ONE-QUARTER, 139.85 FEET, TO THE SOUTHWEST CORNER OF COUNTRY CLUB ESTATES, THIRD ADDITION, IOWA CITY, IOWA, IN ACCORDANCE WITH THE PLAT THEREOF RECORDED IN PLAT BOOK 54, AT PAGE 221, IN THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE; THENCE S55°09'02"E, ALONG THE SOUTHERLY LINE OF SAID COUNTRY CLUB ESTATES, THIRD ADDITION; THENCE NORTHEASTERLY, 15.40 FEET, ALONG SAID SOUTHERLY LINE, AND AN ARC OF A 180.00 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY, WHOSE 15.40 FOOT CHORD BEARS N37°18'02"E; THENCE N50014'53"W, ALONG SAID SOUTHERLY LINE, 124.04 FEET; THENCE N40°13'58"E, ALONG SAID SOUTHERLY LINE, 108.48 FEET; THENCE N78000'56"E, ALONG SAID SOUTHERLY LINE, 223.03 FEET; THENCE N71°00'01"E, ALONG SAID SOUTHERLY LINE, 117.53 FEET; THENCE N64°30'09"E, ALONG SAID SOUTHERLY LINE, 57.24 FEET; THENCE S22017'21"E, 135.16 FEET; THENCE S12036'51"E, 60.83 FEET; THENCE S21°52'26"E, 150.82 FEET, TO A POINT ON THE SOUTH LINE OF SAID SOUTHWEST ONE-QUARTER OF THE SOUTHEAST ONE-QUARTER OF SECTION 13; THENCE N89048'18"W, ALONG SAID SOUTH LINE, 634.15 FEET, TO SAID POINT OF BEGINNING. SAID TRACT CONTAINS 3.11 ACRES, MORE OR LESS, AND IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. (Rezone from RR -1 to RS -5) BEGINNING AT THE SOUTHEAST CORNER OF THE SOUTHWEST ONE-QUARTER OF THE SOUTHEAST ONE-QUARTER OF SECTION 13, TOWNSHIP 79 NORTH, RANGE 7 WEST OF THE FIFTH PRINCIPAL MERIDIAN, JOHNSON COUNTY, IOWA; THENCE N89°47'31"W, ALONG THE SOUTH LINE OF SAID SOUTHWEST ONE-QUARTER OF THE SOUTHEAST ONE-QUARTER, 346.07 FEET; THENCE NORTHEASTERLY, 343.58 FEET, ALONG AN ARC OF A 1720.00 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY, WHOSE 343.01 FOOT CHORD BEARS N51°47'07"E, TO A POINT ON THE SOUTHERLY LINE OF COUNTRY CLUB ESTATES, THIRD ADDITION, IN ACCORDANCE WITH THE PLAT THEREOF RECORDED IN PLAT BOOK 54, AT PAGE 221, IN THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE; THENCE S47°44'46"E, ALONG SAID SOUTHERLY LINE, 93.04 FEET; THENCE S29033'01"E, ALONG SAID SOUTHERLY LINE, 173.77 FEET, TO A POINT ON THE SOUTH LINE OF THE SOUTHEAST ONE-QUARTER OF THE SOUTHEAST ONE-QUARTER OF SAID SECTION 13; THENCE N89°47'31"W, ALONG THE SOUTH LINE OF SAID SOUTHEAST ONE-QUARTER OF THE SOUTHEAST ONE-QUARTER, 78.00 FEET, TO SAID POINT OF BEGINNING. SAID TRACT CONTAINS 1.05 ACRES, MORE OR LESS, AND IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. Section II. Zoning Mao. 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, fallowing passage and approval of this Ordinance. Section IV. Certification And Recordinq. 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 Ordinance No. 17-4791 Page 3 County Recorder, Johnson County, Iowa, at the Owner's expense, upon the final passage, approval and publication of this ordiriance, 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 19th day of September 20 17 /-.I- MAYOR M OR , ATTEST. ITY CLERK App oved by A�� City Attorneys Office 7 / a -7 // 7 (ORPO E SEA t ,bk Ordinance No. 17-4723 Page 4 It was moved by Mims and seconded by Botchway Ordinance as read be adopted, and upon roll call there were: AYES NAYS: ABSENT: ABSTAIN: First Consideration 08/15/2017 Vote for passage: AYES: Taylor, Botchway, Cole, Mims. NAYS: Botchway Cole Dickens Mims Taylor Thomas Throgmorton Thomas, Throgmorton, None. ABSENT: Dickens Second Consideration 09/05/2017 Voteforpassage: AYES: Taylor, Thomas, Throgmorton,Botchway, Cole, Dickens,Mims. NAYS: None ABSENT: None Date published 09/28/2017 that the ,?I Prepared by: Sylvia Bochner, Planning Intenn, 410 E. Washington, Iowa City, IA 52240 (319) 356-5240 (REZ17-00009) Conditional Zoning Agreement This agreement is made between the City of Iowa City, Iowa, a municipal corporation (hereinafter "City"), S&J Development LLP (hereinafter "Owner"), and Watts Group Construction (hereinafter "Applicant"). Whereas, Owner is the legal title holder of approximately 21.77 acres of property located north of Rohret Road and west of Lake Shore Drive; and Whereas, the Owner has requested the rezoning of said property from Rural Residential, RR -1 (4.16 acres) and Interim Development Single -Family Residential, ID -RS (17.61 acres) to Low -Density Single -Family Residential, RS -5; and Whereas, the Planning and Zoning Commission has determined that, with appropriate conditions regarding improvements to Rohret Road and a water pressure analysis, the requested zoning is consistent with the Comprehensive Plan; and Whereas, the applicant has submitted a water pressure study that demonstrates to the satisfaction of the City Engineer that adequate water pressure exists to serve residential development of this property; and Whereas, Iowa Code §414.5 (2017) provides that the City of Iowa City may impose reasonable conditions on granting a rezoning request, over and above existing regulations, in order to satisfy public needs 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, including necessary improvements on Rohret Road, and adequate water pressure for residential development ; 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. S&J Development LLP is the legal title holder of the property legally described as: (Rezone from ID -RS to RS -5) BEGINNING AT THE NORTHWEST CORNER OF THE NORTHWEST ONE-QUARTER OF THE NORTHEAST ONE-QUARTER OF SECTION 24, TOWNSHIP 79 NORTH, RANGE 7 WEST OF THE FIFTH PRINCIPAL MERIDIAN, JOHNSON COUNTY, IOWA; THENCE S89048'18"E, ALONG THE NORTH LINE OF SAID NORTHWEST ONE- QUARTER OF THE NORTHEAST ONE-QUARTER, 634.15 FEET; THENCE S21°52'26"E, 158.18 FEET; THENCE NORTHEASTERLY, 318.76 FEET, ALONG AN ARC OF A 1720.00 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY, WHOSE 318.30 FOOT CHORD BEARS N62°49'01"E, TO A POINT ON SAID NORTH LINE; THENCE S89047'31"E, ALONG SAID NORTH LINE, 346.07 FEET, TO THE ppdadmfagVrezI7-0009 conditional zoning egreemenl.doc 1 'l( NORTHEAST CORNER THEREOF; THENCE S89°47'31"E, ALONG THE NORTH LINE OF THE NORTHEAST ONE-QUARTER OF THE NORTHEAST ONE-QUARTER OF SAID SECTION 24, A DISTANCE OF 78.00 FEET, TO A POINT ON THE SOUTHERLY LINE OF COUNTRY CLUB ESTATES, THIRD ADDITION, IOWA CITY, IOWA, IN ACCORDANCE WITH THE PLAT THEREOF RECORDED IN PLAT BOOK 54, AT PAGE 221, IN THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE; THENCE S29033'01"E, ALONG SAID SOUTHERLY LINE, 133.10 FEET, TO THE SOUTHERN MOST CORNER THEREOF, AND A POINT ON THE CENTERLINE OF ROHRET ROAD SW; THENCE S59°56'46"W, ALONG SAID CENTERLINE, 111.34 FEET; THENCE S59°43'58"W, ALONG SAID CENTERLINE, 926.42 FEET; THENCE S59°44'45"W, ALONG SAID CENTERLINE, 653.90 FEET, TO A POINT ON THE EAST LINE OF SLOTHOWER ROAD; THENCE N00°16'13"W, ALONG SAID EAST LINE, 973.05 FEET, TO SAID POINT OF BEGINNING. SAID TRACT CONTAINS 17.61 ACRES, MORE OR LESS, AND IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. (Rezone from RR -1 to RS -5) BEGINNING AT THE SOUTHWEST CORNER OF THE SOUTHWEST ONE-QUARTER OF THE SOUTHEAST ONE-QUARTER OF SECTION 13, TOWNSHIP 79 NORTH, RANGE 7 WEST OF THE FIFTH PRINCIPAL MERIDIAN, JOHNSON COUNTY, IOWA; THENCE N01015'57"E, ALONG THE WEST LINE OF SAID SOUTHWEST ONE- QUARTER OF THE SOUTHEAST ONE-QUARTER, 139.85 FEET, TO THE SOUTHWEST CORNER OF COUNTRY CLUB ESTATES, THIRD ADDITION, IOWA CITY, IOWA, IN ACCORDANCE WITH THE PLAT THEREOF RECORDED IN PLAT BOOK 54, AT PAGE 221, IN THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE; THENCE S55°09'02"E, ALONG THE SOUTHERLY LINE OF SAID COUNTRY CLUB ESTATES, THIRD ADDITION; THENCE NORTHEASTERLY, 15.40 FEET, ALONG SAID SOUTHERLY LINE, AND AN ARC OF A 180.00 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY, WHOSE 15.40 FOOT CHORD BEARS N37018'02"E; THENCE N50°14'53"W, ALONG SAID SOUTHERLY LINE, 124.04 FEET; THENCE N40°13'58"E, ALONG SAID SOUTHERLY LINE, 108.48 FEET; THENCE N78000'56"E, ALONG SAID SOUTHERLY LINE, 223.03 FEET; THENCE N71°00'01"E, ALONG SAID SOUTHERLY LINE, 117.53 FEET; THENCE N64°30'09"E, ALONG SAID SOUTHERLY LINE, 57.24 FEET; THENCE S22°17'21"E, 135.16 FEET; THENCE S12036'51"E, 60.83 FEET; THENCE S21°52'26"E, 150.82 FEET, TO A POINT ON THE SOUTH LINE OF SAID SOUTHWEST ONE-QUARTER OF THE SOUTHEAST ONE-QUARTER OF SECTION 13; THENCE N89°48'18"W, ALONG SAID SOUTH LINE, 634.15 FEET, TO SAID POINT OF BEGINNING. SAID TRACT CONTAINS 3.11 ACRES, MORE OR LESS, AND IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. (Rezone from RR -1 to RS -5) BEGINNING AT THE SOUTHEAST CORNER OF THE SOUTHWEST ONE-QUARTER OF THE SOUTHEAST ONE-QUARTER OF SECTION 13, TOWNSHIP 79 NORTH, RANGE 7 WEST OF THE FIFTH PRINCIPAL MERIDIAN, JOHNSON COUNTY, IOWA; THENCE N89047'31"W, ALONG THE SOUTH LINE OF SAID SOUTHWEST ONE- QUARTER OF THE SOUTHEAST ONE-QUARTER, 346.07 FEET; THENCE NORTHEASTERLY, 343.58 FEET, ALONG AN ARC OF A 1720.00 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY, WHOSE 343.01 FOOT CHORD BEARS N51°47'07"E, TO A POINT ON THE SOUTHERLY LINE OF COUNTRY CLUB ESTATES, THIRD ADDITION, IN ACCORDANCE WITH THE PLAT THEREOF ppdadpVagOmz17-=09 conditional zoning agrnmenl.doe 2 'k RECORDED IN PLAT BOOK 54, AT PAGE 221, IN THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE; THENCE S47°44'46"E, ALONG SAID SOUTHERLY LINE, 93.04 FEET; THENCE S29°33'01"E, ALONG SAID SOUTHERLY LINE, 173.77 FEET, TO A POINT ON THE SOUTH LINE OF THE SOUTHEAST ONE- QUARTER OF THE SOUTHEAST ONE-QUARTER OF SAID SECTION 13; THENCE N89047'31"W, ALONG THE SOUTH LINE OF SAID SOUTHEAST ONE-QUARTER OF THE SOUTHEAST ONE-QUARTER, 78.00 FEET, TO SAID POINT OF BEGINNING. SAID TRACT CONTAINS 1.05 ACRES, MORE OR LESS, 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 Southwest district plan. Further, the parties acknowledge that Iowa Code §414.5 (2015) provides that the City of Iowa City may impose reasonable conditions on granting a rezoning request, over and above the existing regulations, in order to satisfy public needs caused by the requested change. 3. In consideration of the City's rezoning the subject property, Owner and Applicant agree that development of the subject property will conform to all other requirements of the zoning chapter, as well as the following conditions: a. Upon subdividing any of the property hereby rezoned, the Developer shall enter into a subdivider's agreement with the City for the installation of Rohret Road as a public improvement to the first street that will serve the development (a point approximately 200' west of Lake Shore Drive); b. Prior to the issuance of a building permit, the Developer shall pay 50% of the cost of improving Rohret Road to the western city limits as determined by the City Engineer; 4. The Owner and Applicant, and City acknowledge that the conditions contained herein are reasonable conditions to impose on the land under Iowa Code §414.5 (2017), and that said conditions satisfy public needs that are caused by the requested zoning change. 5. The Owner and Applicant and City acknowledge that in the event the subject property is transferred, sold, redeveloped, or subdivided, all redevelopment will conform with the terms of this Conditional Zoning Agreement. 6. The parties acknowledge that this Conditional Zoning Agreement shall be deemed to be a covenant running with the land and with title to the land, and shall remain in full force and effect as a covenant with title to the land, unless or until released of record by the City of Iowa City. The parties further acknowledge that this agreement shall inure to the benefit of and bind all successors, representatives, and assigns of the parties. The Owner and Applicant acknowledge 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. ppdadm1agVmz17-0009 mncrWonal inning a9reement.dw 3 �I 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 19th day of September 2011. City of Iowa City Ji Throgmorton, I ayor Attest: Kellie Fruehling, Clerk Approved by: F-1 y -17 City Attorney's Office City Of Iowa City Acknowledgement: STATE OF IOWA ) ) ss: JOHNSON COUNTY ) This instrument was acknowledged before me on -t PIC U.le off/ j, 20Q by Jim Throgmorton and Kellie Fruehling as Mayor and City Clerk, respectively, of the City of Iowa City. No ary Public i(Jand for the State f Iowa WEWV & Wt11i11 (Stamp or Seal)W. i - - I ,commium NO" Title (and Rank) L� cetisJe SP2e�c.�l.i s� Corporate Acknowledgement: STATE OF IOWA ) ) ss: JOHNSON COUNTY ) ppdadm/aggrezfl-00009 conditional zoning agmementdoc 4 �( This instrumen s acknowledged before me on 20_ by Notary Public in (Stamp or Seal) Title (and Rank) S&J Development L cknowledgment: e of T&w//L County of 3ykyi50h of , Inc. County and State This record was acknowledged before me on 9 -[t5 -V4— (Date) by Seezy' (Name(s) of individual(s) as 0CY(type of authority, such as officer or trustee) of Sa T Veyk OOwrr yl-" I L (name of party on behalf of whom record was executed). Notary Public in and for he State of Iowa ROSEMARY IRLBECI( $� Commission Number 779206 (Stamp or Seal) ow My �mTis �Ipn Expires M Title (and Rank) N O�Ayy f 140 rL �bf S K My commission expires: Wa up Construction Acknowledgment: 7TD State of O\ County of Snhnsovi This record was acknowled ed before me on g- 1Lf—17' ( Date ) by (Name(s) of individual(s) as Ow ne r (type of authority, such as officer or trustee) of W A -V -t57 (xrWVL� Con +y L4 vFi o t7 (name of party on behalf of whom record was executed). =OS mber 779206 Expires Notary Public in and for he State of Iowa (Stamp or Seal) Title (and Rank) 0 01rciiv/ PI't61 i o' -�),—Sisk of WG ppdadm/agtlre 17-00!Mg conditional zoning agreement doc J1 My commission expires: -7 - 3,1 q ppdadMagtlrezl7-00009 condiwnd zoning egreemenLdoc �+ vee - Doc ID: 026853950028 Type: GEN Kind: SUBDIVISION Recorded: 09/28/2017 at 11:18:24 AM Fee Amt: $142.00 Page 1 of 28 Johnson County Iowa Kim Painter County Recorder SK5708 PG362-389 STATE OF IOWA ) ) SS JOHNSON COUNTY ) r _ 1 , 1"P f "V%Ai_ a► City Of &TAP �t I, Kellie K. Fruehling, City Clerk of Iowa City, Iowa, do hereby certify that the Resolution attached hereto is a true and correct copy of Resolution No.17-214 which was passed by the City Council of Iowa City, Iowa, at a special meeting held on the 20th day of June, 2017, all as the same appears of record in my office. Dated at Iowa City, Iowa, this a -/-/A day of017. Kellie K. Fruchling City Clerk fires CORRATE K, 410 EAST WASHINGTON STREET • IOWA CITY, IOWA 52240-1826 • (319) 356-5000 • FAX (319) 356-5009 3� Prepared by: Bob Miklo, Senior Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 3565240 (SUB17-00011) RESOLUTION NO. 17-214 Resolution approving final plat of Larson Subdivision, Iowa City, Iowa. WHEREAS, the owner, Charles Jeffrey Larson, filed with the City Clerk the final plat of Larson Subdivision, Iowa City, Iowa, Johnson County, Iowa; and WHEREAS, said subdivision is located on the following -described real estate in Iowa City, Johnson County, Iowa, to wit: A re -subdivision of Amended Auditor Parcel #2005108 as recorded in Plat Book 52, Page 144 pf the Records of the Johnson County Recorder's Office. Said tract of land contains 12.36 acres. WHEREAS, the Neighborhood and Development Services Department 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 (2017) 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. 1J� Resolution No. 17-214 Page 2 Passed and approved this 20th day of June / 2017. G, YOR Approved by ATTEST' 2 (e e CITY CLERK tc & City Attorney's Office It was moved by Mims and seconded by Dickens the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Botchway Cole Dickens Mims Taylor Thomas Throgmorton pcdttemplates/Final Plat - Resolution (4).doc.doc Z;�/ CERTIFICATE OF COUNTY AUDITOR LARSON SUBDIVISION, IOWA CITY, IOWA I, Travis Weipert, the Johnson County Auditor, hereby approve of Larson Subdivision, Iowa City, Iowa, as a succinct and unique name for the subdivision containing the following described real estate located in Johnson County, Iowa: That portion of the Northeast quarter of Section 2 and the Southeast quarter of Section 2, Township Seventy-nine (79) North, Range Six (6) West of the 5th P.M. that is described as Amended Auditor's Parcel 2005108 as recorded in Plat Book 52, Page 144 of the Johnson County, Iowa, Recorder's Office. Vl tel' Vl/t; rel.- 4o,d— t 6241 / Travis Weipe , John n Co y Auditor40.p � Date ��— T7 CERTIFICATE OF COUNTY TREASURER I, Thomas Kriz, hereby certify that I am the County Treasurer of Johnson County, Iowa, and the fiscal year 2016 real estate taxes, payable in 2017-2018, for the following described property have been paid in full and said property is free from taxes or special assessments. That portion of the Northeast quarter of Section 2 and the Southeast quarter of Section 2, Township Seventy-nine (79) North, Range Six (6) West of the 5th P.M. that is described as Amended Auditor's Parcel 2005108 as recorded in Plat Book 52, Page 144 of the Johnson County, Iowa, Recorder's Office, and shown on the attached plat and known and designated as Larson Subdivision, Iowa City, Iowa. Dated at Iowa City, Iowa, this 1 `i day of August, 2017. Thomas Kriz County Treasurer, Johnson Coun y, Iowa Parcel No. 1002401006 3v OPINION OF ATTORNEY 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: That portion of the Northeast quarter of Section 2 and the Southeast quarter of Section 2, Township Seventy-nine (79) North, Range Six (6) West of the 5th P.M. that is described as Amended Auditor's Parcel 2005108 as recorded in Plat Book 52, Page 144 of the Johnson County, Iowa. Recorder's Office. It is hereby certified that fee simple title to said property is in Charles Jeffrey Larson (real estate comprising Lot 1, Larson Subdivision) and Hampstead Woods, LLC (real estate comprising Lot 2, Larson Subdivision) and that the property is free and clear of all liens and encumbrances, except for a Mortgage to Hills Bank and Trust Company, Hills, Iowa, recorded August 11, 2017 in Book 5690, Page 392, Miscellaneous Records of Johnson County, Iowa, and a Mortgage to Charles Jeffrey Larson and Michelle A. Larson recorded August 11, 2017 in Book 5690, Page 406, Miscellaneous Records of Johnson County, Iowa. Dated at Iowa City, Iowa, this LK& day of August, 2017. 86-ffg-Iq`'s`Q. Ruppert /'� MEAR O , SUEPREL & DOWNER P.L.C. 122 South Linn Street Iowa City, IA 52240-1802 �J� CONSENT TO SUBDIVISION AND DEDICATION OF LARSON SUBDIVISION KNOW ALL MEN BY THESE PRESENTS: Charles Jeffrey Larson and Michelle A. Larson, husband and wife, and Hampstead Woods, LLC hereby certify and state that they are the owners and proprietors of the following described real estate situated in Johnson County, Iowa, to wit: That portion of the Northeast quarter of Section 2 and the Southeast quarter of Section 2, Township Seventy-nine (79) North, Range Six (6) West of the 5th P.M. that is described as Amended Auditor's Parcel 2005108 as recorded in Plat Book 52, Page 144 of the Johnson County, Iowa, Recorder's Office. The undersigned do 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 their free consent and in accordance with their desire. The streets, easements, public walkways and Outlot A in said subdivision are hereby dedicated to the City of Iowa City, Iowa, as provided by Chapter 354 of the 2015 Code of Iowa. Michelle A. Larson is signing this Consent and Dedication due to her spousal interest in the real estate. IN WITNESS WHEREOF, the proprietor has caused these presents to be signed on this Q_ day of August, 2017. Charles J r n Michelle A. Larson STATE OF IOWA ) ) ss: JOHNSON COUNTY ) This instrument was acknowledged before me on this g1fA day of August 2017, by Charles Jeffrey Larson a;otMa ichelle A. Lar n, usband and wife. a ,E MARK C. DANIELSON r Commisslont�umber154168 ry Public in an for the St a of Iowa OW> MNp�e heri30,E2xOp'Ires 3k HAMPSTEAD WOODS, LLC By: �14 /� / ✓` Kevin Hanick, Manager STATE OF IOWA ) ) ss: JOHNSON COUNTY ) This instrument was acknowledged before me on this —q&— day of August, 2017, by Kevin Hanick, as Manager of Hampstead Woods, LLC. and for �ra'"J s I DOUGLAS D. RUPPERT o Commission Number 128989 z My C m issi n 'res • M IgNA OA 3� MORTGAGEE CONSENT TO SUBDIVISION The undersigned, Charles Jeffrey Larson and Michelle A. Larson, husband and wife, are the Mortgagees of a Mortgage from Hampstead Woods, LLC recorded on the 11th day of August, 2017, in Book 5690, Page 406, Miscellaneous Records of Johnson County, Iowa. Said Mortgage encumbers Lot 2, Larson Subdivision. The undersigned Mortgagee, pursuant to the provisions of Chapter 354, Code of Iowa (2015), does hereby consent to the platting and subdivision of Larson Subdivision, Iowa City, Iowa, by Charles Jeffrey Larson and Michelle A. Larson, husband and wife, and Hampstead Woods, LLC 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. Dated this 18th day of September, 2017. Charles Jeffry n Rcfiblle A. Larson STATE OF IOWA ) ) ss: JOHNSON COUNTY ) This instrument was acknowledged before me on this 18th day of September, 2017, by Charles Jeffrey Larson and Michelle A. Larson, husband and wife. q,. MOLLY LAUREL SHARKEY � ' Commission Number d06204 t ublic in andf a State of Iowa Secommission it ptember 1, 20 32 MORTGAGEE CONSENT TO SUBDIVISION The undersigned, Hills Bank and Trust Company, Hills, Iowa, is the Mortgagee of a Mortgage from Hampstead Woods, LLC recorded on the 11th day of August, 2017, in Book 5690, Page 392, Miscellaneous Records of Johnson County, Iowa. Said Mortgage encumbers real estate that comprises Lot 2, Larson Subdivision, Iowa City, Iowa, pursuant to the recorded plat thereof. The undersigned Mortgagee, pursuant to the provisions of Chapter 354, Code of Iowa (2015), does hereby consent to the platting and subdivision of Larson Subdivision, Iowa City, Iowa, by Charles Jeffrey Larson and Michelle A. Larson, husband and wife, and Hampstead Woods, LLC 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. Dated this 18th day of September, 2017. HILLS BANK AND TRUST COMPANY By: Tim D. Finer, Senior Vice President STATE OF IOWA ) ) ss: JOHNSON COUNTY ) This instrument was acknowledged before me on this 18th day of September, 2017, by Tim D. Finer, as Senior Vice President of Hills Bank and Trust Company. RENEE HARNED C i f ° p,yco Number n8012 Notary Public in and for the State of Iowa UNDERGROUND UTILITY EASEMENT AGREEMENT LARSON SUBDIVISION, IOWA CITY, IOWA In consideration of the approval of the final plat of Larson Subdivision, Iowa City, Iowa, the undersigned Grantors hereby grant to MidAmerican Energy Company, Centuryl-ink and Mediacom Cable, and their successors (hereinafter referred to as "Grantees"), a perpetual, nonexclusive right-of-way easement upon, over, under, along and across the areas marked on the final plat of Larson Subdivision, 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. Grantors, their successors in interest and assigns, reserves the right to use said easement areas for purposes which will not interfere with the Grantees' full enjoyment of 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 Grantees' representatives, the same may be used for gardens, shrubs, minor landscaping and other purposes that do not then or later interfere with the aforesaid uses or the rights herein granted. Grantees' rights, however, include the right to remove and/or clear away any such gardens, shrubs, minor landscaping, bushes and plantings within the easement area without compensation to Grantor or its successor in interest. SIGNED this _q4 __ day of August, 2017. GRANTORS W�Midhelle A. Larson STATE OF IOWA ) ) ss: JOHNSON COUNTY ) This instrument was acknowledged before me on this O— day of August, 2017, by Charles Jeffrey Larson and Michelle A. Larson, s a and wife. r s MARK C. DANIELSON .;. Commission Number 154168 my commissionExpfres Nota Public n and for a State o Iowa November 30, 2019 Notary 2 3�' HAMPSTEAD WOODS, LLC By: l /'- /:,/—. �t— Kevin Hanick, Manager STATE OF IOWA ) ) ss: JOHNSON COUNTY ) This instrument was acknowledged before me on this day of August, 2017, by Kevin Hanick, as Manager of Hampstead Woods, LLC. DOUGLAS D. RUPPERT o Commission Number 128989 z . =n Expires pNP 3'�'- SUBDIVIDER'S AGREEMENT LARSON SUBDIVISION, IOWA CITY, IOWA THIS AGREEMENT, made by and among Charles Jeffrey Larson and Michelle A. Larson, husband and wife, (hereinafter "Larson") as the titleholders to Lot 1 and Lot A of Larson Subdivision, Iowa City, Iowa, and Hampstead Woods, LLC, an Iowa Limited Liability Company, (hereinafter "Hampstead Woods") as the titleholder to Lot 2 of Larson Subdivision, Iowa City, Iowa, and the City of Iowa City, Iowa, a municipal corporation, hereinafter referred to as the "City," WITNESSETH: In consideration of the City approving the plat of Larson Subdivision, Iowa City, Iowa, an addition to the City of Iowa City, Iowa, Larson and Hampstead Woods agree, as a covenant running with the land, to the following: SECTION 1. PUBLIC IMPROVEMENTS. There are no public improvements required to be installed prior to issuance of a building permit for the Larson Subdivision. SECTION 2. STORM WATER MANAGEMENT ORDINANCE COMPLIANCE AND COVENANT. The parties hereto acknowledge and agree that Hampstead Woods is required to install and maintain storm water management facilities ("Facilities") for the subdivision under the City's storm water management ordinance, and that said storm water management facilities shall be located within the storm water management easement areas shown on the final plat of the Larson Subdivision. Hampstead Woods agrees that the duty to maintain the Facility shall remain on Hampstead Woods and its 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. The Facilities described in Section 2 of this Agreement shall be constructed and installed by Hampstead Woods prior to issuance of any occupancy permit for any lot in the Subdivision and 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. In the event Hampstead Woods does not install the Facilities and an occupancy permit is needed for Lot 1, Larson may install the Facilities at their expense and seek reimbursement for said expense from Hampstead Woods. Such inspections shall not relieve or release Hampstead Woods from its responsibility to construct said Facilities pursuant to the approved plans and specifications. Further, said 09- 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. Larson agrees to install sidewalks at least five (5) feet in width over that portion of Lot 1 which abuts Dubuque Road. The parties hereto acknowledge that a sidewalk currently exists along Scott Boulevard. The sidewalks shall be installed in the subdivision covered by this Agreement as required by Iowa City Code of Ordinances. Sidewalks shall be installed adjacent to each lot prior to the issuance of an occupancy permit. 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. OCCUPANCY PERMIT. Prior to the issuance of an occupancy permit for any building erected within the Subdivision, the City in its discretion may require Larson and Hampstead Woods to construct and install the Facilities and sidewalks as required by this Agreement. SECTION 6. WAIVER. If Larson or Hampstead Woods, their assigns or successors in interest, sell or convey lots in said subdivision without constructing or installing the Improvements, the City shall have the right to install and construct said Facilities or sidewalks. Larson and Hampstead Woods acknowledge and agree that all lots in the subdivision are specifically benefited by the Facilities so that the cost of the installation shall be a lien against all of the lots in the subdivision. The cost of the 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 Facilities or sidewalks is and shall remain a lien against the lots in the subdivision until properly released, as hereinafter provided. SECTION 7. FACILITIES AND SIDEWALK RELEASE. The City agrees that when the Facilities have been installed as required, to the satisfaction of the City, the City will, upon request, promptly issue to the parties, for recording in the office of the County Recorder of Johnson County, Iowa, a 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 Mayor and City Clerk, with the concurrence of the City Attorney and City Engineer, are hereby authorized to execute the releases contemplated 2 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. SECTION 8. NEIGHBORHOOD OPEN SPACE. The parties agree that prior to the issuance of a building permit for any lot in Larson Subdivision, Hampstead Woods shall pay to the City a neighborhood open space fee in the amount of $42,105.26 pursuant to the provisions of Section 14-7D-4 of the Iowa City Code of Ordinances in lieu of dedicating 18,731 square feet of land to the City for open space. SECTION 9. MISCELLANEOUS. A. All electrical, telephone and cable television service and distribution lines shall be installed underground. B. A Sensitive Areas Development Plan for the Subdivision has been approved by the City and recorded with the Johnson County Recorder. Tree removal and grading shall not be allowed beyond the "Construction Limit Area" as depicted on the Final Plat and the Subdivision except as allowed by Title 14, Chapter 5, Article I of the City Code. C. Water Main Extension Fee. Pursuant to Iowa City Code of Ordinances 3-4- 3, prior to the issuance of a building permit for any lot in Larson Subdivision, Hampstead Woods shall pay to the City a water main extension fee in the amount of $5,376.60 (12.36 acres X $435.00 per acre). D. Prior to the issuance of a building permit for any lot in Larson Subdivision, in lieu of providing the subdivision with a complete water main supply system pursuant to Iowa City Code of Ordinances 15-3-9, Hampstead Woods shall pay to the City $7,200.00 to cover the cost of installing water main along N. Dubuque Road adjacent to Lot 1. E. 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. 3 3�' SECTION 10. OUTLOTS. Outiot A is to be dedicated to the City of Iowa City for road right-of-way. SECTION 11. 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 R -i -ti+ day of August, 2017. Mme( helle A. Larson STATE OF IOWA ) ) ss: JOHNSON COUNTY ) This instrument was acknowledged before me 2017, by Charles Jeffrey Larson and Michelle A. Larso P MARK C. DANIELSON "•'� 1L Commission Number 154168 �o� My Commission Expires November 30, 2019 0 on this Qt -L— day of August, i, husband and wife. the State`of Iowa 39- SUBDIVIDER HAMPSTEAD WOODS, LLC ���.' w,. /eta-� •� Kevin Hanick, Manager STATE OF IOWA ) ) ss: JOHNSON COUNTY ) This instrument was acknowledged before me on this 944,_ day of August, 2017, by Kevin Hanick, as Manager of Hampstead Woods, LLC. Z2�z - - 01— otaryu lic in and for tate of Iowa DOUGLAS D. RUPPERT Comrrssicm Number 128989 My Co is io Aires OWP 5 3� CITY OF IOWA CITY, IOWA By: 4:—_ z J2Yhes A. Throgmorto , Mayor i �_ l AVI I _�'_% I STATE OF IOWA ) ss: JOHNSON COUNTY ) This instrument was acknowledged before me on September Sq' h 2017, by James A. Throgmorton and Kellie Fruehling, as Mayor and City Clerk, respectively, of the City of Iowa City, Iowa. iComm(aabnEapdnslLl! Notary Public in and for the State of Iowa v� 6 3� 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 STORMWATER MANAGEMENT FACILITY EASEMENT AGREEMENT LARSON SUBDIVISION THIS STORMWATER MANAGEMENT FACILITY EASEMENT AGREEMENT (this "Agreement") made and entered into by and between HAMPSTEAD WOODS, LLC (hereinafter "Subdivider"), which expression shall include its successors in interest and assigns, and the CITY OF IOWA CITY, IOWA (the "City"), which expression shall include its successors in interest and assigns. It is hereby agreed as follows: For the sum of $1.00 plus other valuable consideration, the receipt of which is hereby acknowledged, Subdivider hereby grants and conveys to the City an easement for construction, operation and maintenance of the stormwater control structures and facilities and storage areas, together with a right of ingress and egress thereto, over and across that portion designated as "Stormwater Management Facility Easement" as shown on the Final Plat of Larson Subdivision, Iowa City, Iowa, according to the recorded plat thereof, hereafter described as "easement areas". The 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 area and also to trim, cut down and clear away any trees on either side of the easement areas which now or hereafter in the opinion of the City may be a hazard to the easement area, or which may interfere with the exercise of the City's rights hereunder in any manner. �J� 3 The right to enter onto land beyond the easement area to conduct emergency repairs that may extend beyond the easement areas, 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. 4. The City shall indemnify Subdivider against any loss or damage which shall be caused by the negligent exercise of any ingress or egress, construction, use or maintenance by the City or its agents or employees in the course of their employment. 5. Subdivider reserves the right to use the easement area for purposes which will not interfere with the City's full enjoyment of the rights hereby granted; provided that Subdivider shall not erect or construct any building, fence, retaining wall, or other structure, plant any trees, drill or operate any well, or construct any obstructions on the easement areas, or substantially add to the ground cover of the easement areas. The City shall have the right to remove any such improvements without notice or compensation to Subdivider. G. Subdivider shall maintain the area within the easement free from weeds and debris and shall in no event fill or prevent the storrnwater control facilities to be filled in, and the Subdivider also agrees to maintain its land so as to minimize erosion in and around the easement areas. 7. Subdivider hereby covenants with the City that it is lawfully possessed of the real estate above described, and that it has good and lawful authority to convey it, or any part thereof. 8. After completion of the stormwater management facility, Subdivider and its successors and assigns shall thereafter maintain the facilities and easement areas. The maintenance shall include maintaining and mowing the ground cover and keeping it free of debris. The City shall have no obligation for maintenance of the facilities or the easement area. This obligation for maintenance may be transferred by the Subdivider to or otherwise become the obligation of an ovmers association. 9. Nothing in this Agreement shall be construed to impose a requirement on the City to install the original improvements herein described nor shall Subdivider be deemed as acting as the City's agent during the original construction and installation of said improvement. The parties agree that the obligation to install the public improvement(s) herein shall be in accordance with City specifications, and this obligation shall remain on Subdivider until completion by Subdivider, and until acceptance by the City, as by law provided. This Agreement shall inure to the benefit of' and bind the successors and assigns of the successors of the respective parties hereto and all covenants shall apply to and run with the land and with the title to the land. 10. The obligation to install the improvements shall be a lien on the land within the subdivision and upon satisfactory completion thereof, the City shall issue a release acknowledging construction in accordance with this Agreement. [SIGNATURE PAGES FOLLOW] Bk IN WITNESS WHE OF, the parties have executed this Slormwater Management Facility Easement Agreement on the day of August, 2017. SUBDIVIDER HAMPSTEAD WOODS, LLC By. 16-� L, / ,IL Kevin Hanick, Manager STATE OF IOWA ) ss: JOHNSON COUNTY ) This instrument was acknowledged before me on this day of August, 2017, by Kevin Hanick, as Manager of Hampstead Woods, LLC. .aoa/�2QJ h -- o lis m f tate of Iowa MW [SIGNATURE PAGE OF CITY FOLLOWS] 3y CITY OF IOWA CITY. IOWA By: 4-�-. ` —7 - Ja nes A. Throgmorton, Mayor By: K lie Fruehling, CityJerk STATE OF IOWA ) ) ss: JOHNSON COUNTY ) This instrument was acknowledged before me on September / �; 2017, by James A. Throgmorton and Kellie Fruehling, as Mayor and City Clerk, respectively, of the City of Iowa City, Iowa. Expires Notary Public ih and for the State of Iowa [STORMWATER DETENTION EASEMENT AGREEMENT - SIGNATURE PAGE OF CITY] 32 Prepared by: Douglas D. Ruppert, 122 South Linn Street, Iowa City, IA 52240, (319) 33&9222 Return to: Douglas D. Ruppert, 122 South Linn Street, Iowa City, IA 52240 PRIVATE OFF-SITE SANITARY SEWER EASEMENT AGREEMENT THIS AGREEMENT, made and entered into by and between ACT, Inc., hereinafter referred to as "Owner," which expression shall include its successors in interest and assigns, and Hampstead Woods, LLC, hereinafter collectively referred to as "Subdivider," which expression shall include their 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, Owner hereby grants and conveys to Subdivider an easement for the purposes of excavating for and the installation, replacement, maintenance and use of such sanitary sewer lines as Subdivider shall from time to time elect for conveying sewage and all necessary appliances and fittings for use in connection with said lines, together with adequate protection thereof and also a right-of-way with right of ingress and egress thereto, over and across the areas designated as Private Sanitary Sewer Easement (hereinafter "easement area") as shown on the Easement Plat attached hereto and by this reference incorporated as a part herein. The parties acknowledge and agree that the easement rights granted herein are nonexclusive of other utilities so long as they do not materially interfere with the easement rights granted herein.. The Owner further grants to Subdivider the following rights in connection with the above: 1. The right of grading said easement area for the full width thereof, and the right to extend the cuts and fills for such grading into and on said land along and outside of said easement area, to such extent as Subdivider 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 area which now or hereafter in the opinion of the Subdivider may interfere with the exercise of the Subdivider's rights hereunder in any manner. 3. Subdivider, in the installation of the improvements and modifications described herein, shall indemnify Owner against (i) any loss, damage or injury to the Owner or the Owner's property, and (ii) any loss, damage, injury, claim or other liability to any third party which may occur as a result of Subdivider's or their representatives', agents' or contractors' installation, maintenance, replacement or use of the improvements and modifications described herein. 4. Subdivider shall also indemnify the Owner against any loss, damage or injury which may be caused by the negligent exercise of any ingress or egress, construction, use or maintenance by the Subdivider or their representatives, agents or contractors. 5. The Owner reserves a right to use said easement areas for purposes which will not interfere with the Subdivider's full enjoyment of their rights hereby granted; provided that the Owner shall not erect or construct any building or other structure; drill or operate any well; or construct any reservoirs or other obstructions on said easement areas; or diminish or substantially add to the ground cover upon said easement areas. Nothing in this Easement Agreement shall be construed to preclude or limit Owner's use and improvement of the easement areas for parking lot purposes and to landscape and install fences or stone walls within the easement area so long as such activities do not interfere with the operation of the sewer line, and that any damage that may be caused to Owner's parking lot, landscaping, fencing or stone wall improvements from Subdivider's exercise of its easement rights hereunder shall be promptly restored at Subdivider's (or its successor's) expense. 2 alk Subdivider also specifically acknowledges and agrees that it shall contact Owner prior to the initial installation, as well as all subsequent maintenance, repair or replacement of the improvements described herein, in order to coordinate the scheduling for such work. The intent of the parties being that the work shall be scheduled in a manner so as to minimize disruption to Owner's use of the easement area for parking. 6. The Owner hereby covenants with Subdivider 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. 7. Nothing in this Agreement shall be construed to impose a requirement on the Owner to install the original improvements described herein. Nor shall Subdivider be deemed acting as the Owner's agent during the original construction and installation of said improvements. The parties agree that the obligation to construct, install, maintain and replace the improvements herein shall be in accordance with City of Iowa City, Iowa, specifications, and the obligation shall remain on the Subdivider until completion by the Subdivider, and until acceptance, if any, by the City of Iowa City, Iowa, 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 described herein shall be deemed to apply to and run with the title to the land. Dated this �N-11 day of September, 2017. ACT, INC. By: �� 1 HAMPSTEAD WOODS, LLC By: Kevin Hanick, Manager 3 �2 STATE OF IOWA ) ss: JOHNSON COUNTY This instrument was acknowledged before me on this iCl day of September, 2017, by in la (a5 &rs{&,sn as C/5p of ACT, Inc. =December19,2019 K � 00896 ires 19 STATE OF IOWA ) ) ss: JOHNSON COUNTY ) Notary Public in and for the State of Iowa This instrument was acknowledged before me on this -LIday of September, 2017, by Kevin Hanick, as Manager of Hampstead Woods, LLC. DOUGLAS D. RUPPERT eCommission Number 128989 °�, MyC m iss n Pres OWA 10 EASEMENT EXHIBIT PERMANENT SANITARY SEWER EASEMENT A PART OF THE SE 1/4 OF THE NE 1/4 SECTION 2-79-6 IOWA CITY, JOHNSON COUNTY, IOWA N. DUBUQUE R O PERMANENT SANITARY SEW EASEMENT A I I I I I I I I I gl rnl I �I ER I �I I rnl N 10°44'00" E_L 115.13' I I I I I 'A9 6 y�G ? ACT, INC. 5 79"16'00" E S 10044'00"W 108.00' POINT OF \ BEGINNING 87022'03" W BE CORNER SE j NE I SEC. 2-79-6 FOUND IRON ROD W/YELLOW CAP #9175 FOUND IRON ROD WI YELLOW CAP #9175 (TYPICAL) Illlllllllllllllllllllllllllllllllllllllllllllllllllllilllllllllllllllllilll Doc ID: 026875820003 Type: GEN Kind: RESOLUTION Recorded: 10/25/2017 at 11:10:49 AM Fee Amt: $17.00 Pape 1 of 3 Johnson County Iowa Kim Painter County Recorder aK5717 PG380-382 STATE OF IOWA ) ) SS JOHNSON COUNTY ) I r 1 fir. f� III MOMML 'o► City Of ®y,,4 I41� I, Kellie K. Fruehling, City Clerk of Iowa City, Iowa, do hereby certify that the Resolution attached hereto is a true and correct copy of Resolution No. 17-323 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 17th day of October, 2017, all as the same appears of record in my office. Dated at Iowa City, Iowa, this 23`=L day of October, 2017. Cel ' e K. Fruehling City Clerk fires a)}I+I 1&t (ORPON K 410 EAST WASHINGTON STREET • IOWA CITY, IOWA 52240-1826 • (319) 356-5000 • FAX (319) 356-5009 te Prepared by: Sara Greenwood Hektoen, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240, 356-5030 Resolution No. 17-323 Resolution Accepting the Dedication Outlots I and J, Lindemann Subdivision, Part Three, and Outlots Q and R, Lindemannn Subdivision, Part Five as Public Open Space. Whereas, the City and Walden Wood Associates II, L.L.C. entered into a subdivider's agreement for Lindemann Subdivision, Part Three, recorded at Book 3690, Page 465-499, in the records of the Johnson County, Iowa Recorder's Office, contemporaneously with the final platting of said subdivision; and Whereas, the City and Walden Wood Associates II, L.L.C. entered into a subdivider's agreement for Lindemann Subdivision, Part Five, recorded at Book 5118, Page 389-422, in the records of the Johnson County, Iowa Recorder's Office, contemporaneously with the final platting of said subdivision; and Whereas, pursuant to said Subdivider's Agreements, Walden Woods Associates II agreed to dedicate Outlots I, J, Q and R to the City for public open space, and the City agreed to accept the dedication of said outlots upon the satisfaction of certain conditions set forth in said agreements; and Whereas, Staff finds that these conditions have been satisfied; and Whereas, the City Council finds acceptance of said dedications to be in the public interest. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa that: Acceptance of the above -referenced outlots for public open space, in a form of conveyance approved by the City Attorney's Office, is hereby approved and authorized. 2. The Mayor is authorized to sign and the City Clerk to attest any and all documentation necessary to effectuate the acceptance of said dedications and to record the same at the Walden Wood Associates II, L.L.C. expense. Passed and approved this 17th day of October 2 17. <va% a„a�,5,. MAt OR z� �TTES G C Y CLERK 'Crr Approved by s✓a'1 �, l4�%Yi1'�s��h City Attorney's Office Resolution No. 17-323 Page 2 It was moved by Botchway and seconded by Thomas Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: ABSTAIN: Botchway Cole Dickens Mims Taylor Thomas Throgmorton the 10 Page 1 of 1 BK5717 hP STATZI WARRANTY DEED (CORPORAT BUSINESS ENTITY GRANTOR) TIM IOWA STATE BAR ASSOCIATION Oficial Form No. 335 7�`rO�pK�O; Recorder's Cover Sheet Preparer Information: (Name, address and phone number) C. Joseph Holland, 123 N. Linn St., Suite 300, Iowa City, IA 52245, (319) 354-0331 Taxpayer Information: (Name and complete address)) City of Iowa City, 410 E. Washington St., Iowa City, IA 52240 Return Document To: (Name and complete address) C. Joseph Holland, 123 N. Linn St., Suite 300, Iowa City, IA 52245 Grantors: Walden Wood Associates H LLC Grantees: City of Iowa City, Iowa Legal description: Document or instrument number of previously recorded documents: onelow SMBUA=d"M2017 IeWAUeCS® 1011101111111 2 Type: QEN at 11:11:14 Art loft L*V Book: 5717 Page: 383 Seq: 1 �J� Page 1 of 1 WARRANW DEED (CORPORATE/BUSINESS ENTITY GRANTOR) For the consideration of valuable consideration, the laws of Dollar(s) and other ny organized and existing under does hereby Convey to City of Iowa City, Iowa, a the following described real estate in Johnson County, Iowa: Outlots I and J, Lindemann Subdivision - Part Three, Iowa City, Iowa, according to the plat thereof recorded in Book 47, Page 77, Plat Records of Johnson County, Iowa. AND Outlots Q and R, Lindemann Subdivision - Part Five, a Resubdivision of Outlot "O" of Lindemann Subdivision - Part Four A and a portion of Outlot "G", Lindemann Subdivision - Part Two A, Iowa City, Iowa, according to the Final Plat recorded in Book 57, Page 303, Plat Records of Johnson County, Iowa. This deed is exempt from transfer tax according to Section 428A.2(6) of the Code of Iowa. ammumm 1m The grantor hereby covenants with grantees, and successors in interest, that it holds the real estate by title in fee simple; that it has good and lawful authority to sell and convey the real estate; that the real estate is free and clear of all liens and encumbrances, except as may be above stated; and it covenants to Warrant and Defend the real estate against the lawful claims of all persons, except as may be above stated. Words and phrases herein, including acknowledgment hereof, shall be construed as in the singular or plural number, according to the context. Dated on Sit X2111 r el fm A17- a(x) limited liability company STATE OF IOWA , COUNTY OF JOHNSON This record was acknowledged before me on,,W" by Jerry Waddilove as of ® The Iowa State Bar Aswelation 2017 Form No. 335, Warranty Deed - Corpoution/Bmioesa Entity Grantor rnwaDoea® Revised April 2016 Book: 5717 Page: 383 Seq:2 �p I Kellie K. Fruehling (l ) .1 City Clerk J \ord d - (OPPO E S L 2 , 410 EAST WASHINGTON STREET • IOWA CITY, IOWA 52240-1826 • (319) 356-5000 • FAX (319) 356-5009 Doc ID: 026879530011 Type: GEN Kind: ORDINANCE Recorded: 10/30/2017 at 02:17:02 PM Fee Amt: $72.00 Pape 1 of 11 r Johnson County Iowa Kim Painter County Recorder BK5718 PG654-664 j 1 o FeE 0City of mot *A STATE OF IOWA ) ) SS JOHNSON COUNTY ) I, Kellie K. Freehling, City Clerk of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of Ordinance No.17-4726 which was passed by the City Council of y Iowa City, Iowa, at a regular meeting held on the 3rd day of October, 2017, is a true and correct copy, vl all as the same appears of record in my office. Dated at Iowa City, Iowa, this Q4- day of October, 2017. 3 d Q I Kellie K. Fruehling (l ) .1 City Clerk J \ord d - (OPPO E S L 2 , 410 EAST WASHINGTON STREET • IOWA CITY, IOWA 52240-1826 • (319) 356-5000 • FAX (319) 356-5009 STATE OF IOWA ) ) SS JOHNSON COUNTY ) I, Kellie K. Fruehling, City Clerk of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of Ordinance No.17-4726 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 3rd day of October, 2017, is a true and correct copy, all as the same appears of record in my office. Dated at Iowa City, Iowa, this az%-447 day of October, 2017. Ke ie K. Fruebling City Clerk \ord 410 EAST WASHINGTON STREET • IOWA CITY, IOWA 52240-1826 • (319) 356-5000 • FAX (319) 356-5009 ✓0 Prepared by: Karen Howard, PCD, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5240 (REZ17-00010) ORDINANCE NO. 17-4726 AN ORDINANCE CONDITIONALLY REZONING 2.4 ACRES OF PROPERTY FROM MEDIUM DENSITY SINGLE-FAMILY (RS -8) ZONE TO PLANNED DEVELOPMENT OVERLAY- MEDIUM DENSITY SINGLE-FAMILY RESIDENTIAL (OPD -8) ZONE LOCATED ON DODGE STREET COURT. (REZ17- 00010) WHEREAS, the applicant, Build to Suit, has requested a rezoning of property located north of Dodge Street Court, east of Conklin Lane and south of Dodge Street from Medium Density Single Family (RS -8) Zone to Planned Development Overlay — Medium Density Single Family Residential (OPD -8) Zone and submitted a preliminary plat and sensitive areas development plan contemporaneously therewith; and WHEREAS, the Comprehensive Plan - North District Plan indicates that residential uses are appropriate for the property; 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, there are sensitive environmental features on the property, namely wooded steep ravines, and the sensitive areas ordinance as applied through the planned development process allows flexibility in the housing types and clustering of development density to avoid disturbance of these sensitive features; 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 with regard to building design, widening of the street right-of-way to improve conditions for pedestrian access and safety, careful site design to address stormwater drainage; and WHEREAS, Iowa Code §414.5 (2017) 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; and WHEREAS, pursuant to Iowa City Code of Ordinances 14 -8D -6C, approval of this rezoning request shall constitute approval of the preliminary sensitive areas development plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I APPROVAL. Subject to the Conditional Zoning Agreement attached hereto and incorporated herein, property described below is hereby reclassified from its current zoning designation of RS -8 to OPD -8: The East 238.86 feet of Lot 3 in Jacob Ricord's subdivision of the NE % SW '/. of Section 2, Twp. 79 N, Range 6 West of the 5u' P.M., according to the plat thereof recorded in Book 15, page 146, Deed Records of Johnson County, Iowa. Survey recorded in Plat Book 4, page 119, Plat Records of Johnson County, Iowa. And also: That part of Lot 2 lying south of the current southeast right-of-way line of Iowa Highway #1, located in the Official Plat of Jacob Ricord's Subdivision of the NE '% SW % of Section 2, Township 79 North, Range 6 West of the a P.M., now in the City of Iowa City, Johnson County, Iowa. Combined Parcels contain 2.40 acres, and are 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. Crc-- )bA Ordinance No. 17-4726 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 the associated planned development plan (labeled Preliminary Plat and Sensitive Areas Development Plan) 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 October 2017. LI MA OR ATTES 'CITY CLERK App oved by City Attorneys Office t� Ordinance No. 17-4726 Page 3 It was moved by Mims and seconded by Dickens Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: Botchway Cole Dickens Mims Taylor Thomas Throgmorton First Consideration 09/19/2017 Vote for passage: AYES: Cole, Dickens, Mims, Taylor, Thomas, Throgmorton, Botchway. NAYS: None. ABSENT: None. Second Consideration _ Vote for passage: that the Date published lo/12/17 Moved by Mims, seconded by'Taylor,that the rule requiring ordinances to be considered and voted on for passage at two Council meetingsprior 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. A Prepared by: Karen Howard, Associate Planner,410 E. Washington, Iowa City, IA 52240 (319) 356-5230 (REZ17-00010) CONDITIONAL ZONING AGREEMENT THIS AGREEMENT is made between the City of Iowa City, Iowa, a municipal corporation (hereinafter "City"), and Focus Commercial (hereinafter "Owner"). WHEREAS, Owner is the legal title holder of approximately 2.40 acres of property located north of Dodge Street Court, east of Conklin Lane and south of Dodge Street; and WHEREAS, Owner and Build to Suit have requested the rezoning of said property from Medium Density Single Family Residential (RS -8) to Planned Development Overlay — Medium Density Single Family Residential (OPD -8) and submitted a preliminary plat and sensitive areas development plan contemporaneously therewith; 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 with regard to building design, widening of the street right-of-way to improve conditions for pedestrian access and safety, and careful site design to address stormwater drainage; and WHEREAS, Iowa Code §414.5 (2017) 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, pedestrian safety and access, and to address stormwater drainage; 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. Focus Commercial is the legal title holder of the property legally described as: LEGAL DESCRIPTION The East 238.86 feet of Lot 3 in Jacob Ricord's subdivision of the NE '/4 SW 'V4 of Section 2, Twp. 79 N, Range 6 West of the 5th P.M., according to the plat thereof recorded in Book 15, page 146, Deed Records of Johnson County, Iowa. Survey recorded in Plat Book 4, page 119, Plat Records of Johnson County, Iowa. Subject to easements and restrictions of record. And also: That part of Lot 2 lying south of the current southeast right-of-way line of Iowa Highway #1, located in the Official Plat of Jacob Ricord's Subdivision of the NE %4 SW '/4 of Section 2, Township 79 North, Range 6 West of the 5th P.M., now in the City of Iowa City, Johnson County, Iowa. Combined Parcels contain 2.40 acres, and are subject to easements and restrictions of record. 1 of 3 2A 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 (2017) 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. Building designs shall be reviewed and approved by the City's Design Review Committee to ensure compliance with the planned development standards for townhouse -style buildings prior to issuance of a building permit; b. Owner shall dedicate sufficient land along the entire property frontage along Dodge Street Court to widen the Dodge Street Court right-of-way to 50 feet prior to issuance of a building permit. c. Development on the subject properties shall be designed to drain on-site storm water away from Dodge Street Court to the extent possible and shall be designed to prevent erosion in the steep ravines and on abutting properties. Prior to approval of the final sensitive areas development plan and issuance of a building permit, the City Engineer shall review and approve the drainage plan to ensure these conditions are addressed. 4. The Owner and City acknowledge that the conditions contained herein are reasonable conditions to impose on the land under Iowa Code §414.5 (2017), 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. 2 of 3 /�� Dated this 3rd day of October , 2017. CITY OF IOWA /CITY v. Ma or Attest: City Clerk r. ved` by: l CI y Attorney's Office CITY OF IOWA CITY ACKNOWLEDGEMENT: STATE OF IOWA ) ) ss: JOHNSON COUNTY ) Foc mmercia By: This instrument was acknowledged before me on October 3rd , 2017 by James Throgmorton and Kellie Fruehling, as Mayor and City Clerk, respectively, of the City of Iowa City. CORPORATE ACKNOWLEDGEMENT: STATE OF IOWA ) ) ss: JOHNSON COUNTY ) Notary Public in and fort State of Iowa (Stamp or Seal) o CHRIS7INEOLNEY r . � 0a_m sS 'NrgOLNB i32 .,yss'0Exgresa This instrument was acknowledged before me on as Notary Public (Stamp or Seal) 3 of 3 �1 2017 by of Focus Commercial. 11 said County T.Comms�i:,n Ptumbw 742451 wy rag OM' nn 111111a111111lm :■I 11 11 � n,. r`RW N, I II • ii 1�1 ; ° SII ■I_!!I ■ " ■ �, ■I 111 � °o � I IF- I I a wum w.�+..w unawn,. s[se�1e I! 8 u�ro TT,,.vn BTS - 4 U vir TowNNouses N1 v..'. mao�wnwvw•ww /k n4 TOWNIi0U5E5 BTS UNIT w.., w.u.. 9 huy q..n u. iAll' X(( W� ....0 omeo,dnw...•en PP�� BTS, 4 UNIT TOWNhOUSES R�_�,? • wwaan. ss. ✓� xma¢ �,�w ,.Psz+�+vn i� yg-9f f Prepared by Sarah Walz, Associate Planner, 410 E. Washington, Iowa City, IA 52240; 319/356-5230 DECISION IOWA CITY BOARD OF ADJUSTMENT WEDNESDAY, OCTOBER 11, 2017 EMMA J. HARVAT HALL Doc ID: 026891170005 Type: GEN Kind: DECISION Recorded: 11/13/2017 at 12:29:23 PM Fee Amt: $27.00 Pape 1 of 5 Johnson county Iowa Kim Painter County Recorder EIK5723 PG750-754 MEMBERS PRESENT: Becky Soglin, T. Gene Chrischilles, Tim Weitzel, Connie Goeb, Bryce Parker 7w MEMBERS ABSENT: None. CD = STAFF PRESENT: Sue Dulek, Sarah Walz OTHERS PRESENT: Ben Kinseth, Duane Musser �� r SPECIAL EXCEPTION ITEMS: co Q 1. EXC17-00006 Public hearing regarding an application submitted by Hilt6wGard� Inn for a special exception to expand the hours of operation for a Rooftop Servic6-Area ("RSA") in the Riverfront Crossings -South Downtown Sub -District at 328 S. Clinton Street. The Board concludes that extending the hours of operation for the RSA will not be detrimental to or endanger the public health, safety, comfort or general welfare based on the following findings: • The proposed rooftop service area will be located on the 12th floor of the newly constructed hotel. • The RSA will be surrounded by a glass wall extending 8 feet above the floor. • The RSA is ADA accessible. • Stairways and elevators provide access to the rooftop restaurant and RSA. • The hotel building has a step back such that the upper floors of the building are set back 10 feet from the Clinton Street right-of-way. The Board concludes that extending the hours of operation for the RSA 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 findings above in addition to the following findings: • The RSA is screened from the view of adjacent properties to the east and south by portions of the building. • Surrounding uses are set at a much lower height: o To the west, the University of Iowa Voxman Music Building, a 6 -story non- residential structure. o Vacant property immediately to the north is proposed for the development of a 7 - story extended stay hotel. f/ • The Clinton Street right-of-way is 100 feet wide, and the 12'�' floor is setback 10 feet from the right-of-way. • A 30 -foot alley separates the subject property and the property to the north. • Amplified sound is not permitted after 10 PM. The Board concludes that all necessary utilities, access roads, drainage, and/or necessary facilities are already being provided for the newly developed properties in this area of the near downtown. The Board concludes that ingress and egress from the site are not applicable to the extended hours of operation. The Board concludes that all other aspects of the RSA must meet the standards in the code, including lighting, sound, and management plan in order for the City to permit the RSA as a provisional use. The Board concludes that the extended hours for the RSA are consistent with the Comprehensive Plan, as amended, based on the following finding: • The plan describes the South Downtown Sub -District, as "the most urban district outside the Downtown" in terms of development intensity and entertainment character. Disposition: By a vote of 4-0 (Chrischilles recused), the Board approves EXC17-00006, a special exception to extend the hours of operation for a Rooftop Service Area at 328 South Clinton to 10:00 AM to midnight Sunday through Thursday and to 10:00 AM to 2:00 AM on Friday and Saturday, subject to the following conditions: • General conformance with the site plan submitted with regard to the size and location of the RSA. • The RSA will be located on the 12th floor of the hotel and be surrounded by a glass wall extending 8 -foot above floor level. • All aspects of the RSA must conform to code standards for the provisional use, including lighting, sound, and management plan. 2. EXC17-00007: Public hearing regarding an application submitted by RKM Investments LLC for a special exception to allow a drive-through facility in the Community Commercial (CC -2) zone at 1075 Highway 1 West. The Board concludes that the transportation system is capable of safely supporting the proposed drive-through use in addition to the existing uses in the area based on the following findings: • Access to and from the subject property is from a shared cross access Ove syS0m that provides vehicle circulation through the shopping center. t • A shared drive connects to a signalized intersection at Highway 1. C J-< i • No new curb cuts are requested. The Board concludes that an adequate number of stacking spaces can be pr L ed 6ensa traffic safety is not compromised, based on the following findings: N • The submitted site plan shows adequate space for at least 5 cars to stack onrthe north side of the building. • An island dividing the entry to the drive-through lane may provide space for an additional car to stack. • There is adequate space for additional stacking within the east parking area. The Board concludes that there is sufficient on site signage and pavement markings to indicate direction of vehicular travel, pedestrian crossings, stop signs, no entrance areas, and other controls to ensure safe vehicular and pedestrian movement based on the following findings: • The site plan materials submitted by the applicant indicate directional signage at the entry to the drive through lane. • A condition of the special exception will require a directional sign for the drive-through be provided at the east drive entrance to Lot 3 to direct traffic directly to the drive-through lane. The Board concludes that the applicant has demonstrated that the street -facing location is preferable for the overall safety and efficiency of the site; that the location does not conflict with adjacent uses or pedestrian access and does not compromise the character of the streetscape or neighborhood in which it is located; and that stacking spaces, driveways, and drive-through windows are located to minimize potential for vehicular and pedestrian conflicts are integrated into the surrounding landscape and streetscape design of the neighborhood in which it is located based on the following findings: • Given the current configuration of the site and building it is most logical for the drive- through to circulate around the north side of the building. • The proposed location of the drive-through lane separates it from areas of property where there may be conflicts with pedestrians. • The topography of the site places the drive-through lane location approximately 12-15 feet below the grade of the highway, which reduces views of the drive-through from the portions of highway. • The proposed drive-through lane is setback more than 10 feet from the north property line, allowing space for required S2 landscaping. • Enhanced landscape screening along the northwest corner of the site, including additional trees, will further screen views of the drive-through. The Board concludes that the number of drive-through lanes, stacking spaces, and paved area necessary for the drive-through facility will not be detrimental to adjacent residential properties or detract from or unduly interrupt pedestrian circulation or the commercial character of the area in which the use is located, and does not diminish the design quality of the streetscape or the safety of the pedestrian environment based on the findings above and these additional findings: • The subject property is located within a commercial shopping area, the character of which is auto -oriented. • Property to the west is currently undeveloped and owned by the City of Iowa City for the purpose of airport runway clearance. Property to the north is residential. • Distance and a significant change in elevation provide a buffer between residential and commercial uses. • The applicant has proposed a single drive-through lane along the north s`j>a of the building. o , =+ • Stacking to the north and, if necessary, to the northwest of the buildino2ld At conc fl with pedestrian circulation. C-)..< • Maintaining 5-6 stacking spaces along the north side of the building wilpi tim'6b co fri lict with the use that shares the site (Midtown Family Restaurant). =ern s M o �? Co N cM _�6 • Providing two order boards in the location of the drive-through entrance may minimize the potential for traffic to stack in the east parking area or to idle during peak hours. The Board concludes that any changes to lighting for the development must be reviewed by the building official and must comply with the standards in the zoning code in order for an occupancy permit to be issued. The Board concludes that loudspeakers or intercom systems must be located and directed to minimize disturbance to adjacent uses and finds that surrounding properties are commercial in nature. 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 the findings above and the following condition: • Required S2 landscaping along the drive-through lane and enhanced landscaping along the northwest corner of the site will be of equivalent quality to other recently developed sites along the highway corridor and in keeping with the goals of the South Central District Plan with a final plan to be approved by planning staff. The Board concludes that adequate utilities, access roads, drainage and/or necessary facilities have been or are being provided and that adequate measures have been taken to provide ingress or egress designed so as to minimize traffic congestion on public streets based on findings noted above with regard to access to and from a common driveway system that serves the shopping center. The Board concludes that all other aspects of the site not specifically addressed here (e.g. lighting, signage, changes to building fagade, any modifications to the parking area, etc.) will be reviewed as part of building permit and site plan process and must meet applicable code standards. The Board concludes that the proposed use will be consistent with the Comprehensive Plan, as amended based on the following findings: • The South Central District Plan indicates this area as appropriate for general commercial uses. In order to ensure improved landscaping along Highway 1 as a main entryway to the city in accordance with the plan, the Board imposes a condition requiring planning staff approval of a final landscaping plan. Disposition: By a vote of 5-0, the Board approves EXC17-00007 to allow a drive-through facility for property located at 1075 Highway 1 West, subject to the following conditions: • General compliance with the site plan submitted with additional recommendalons of staff for screening along the north and northwest portions of the site. 2 IaraZcaping along the north side of the drive-through lane and additional trees, incl • tRsh@]e tregJ along the northwest corner of the property. >—i e • A final landscape plan must be approved by planning staff. • All lighting and signage for the property must comply with current code ards for t zone in which the property is located. C • All modifications to the building must comply with current zoning code stRdIda � N r r� YO • For drive-through pick up of food or beverages, the drive-through lane must provide no fewer than 5 stacking spaces along the north side of the building. • A directional sign for the drive-through be provided at the east drive entrance to Lot 3 to direct traffic directly to the drive-through lane. 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. Approve Becky S gin, Chairperson C ` City Attorney's Office STATE OF IOWA JOHNSON COUNTY I, Kellie Fruehling, City Clerk of the City of Iowa City, do hereby certify that the Board of Adjustment Decision herein is a true and correct copy of the Decision that was passed by the Board of Adjustment of Iowa City, Iowa, at its regular meeting on the 11th day of October, 2017, as the same appears of record in my Office. Dated at Iowa City, this 9� day of Ay6W/XAfr , 20%_7 P' e r.o<> �+aouoo�%yel x. pNs61:. ESQ` CO Kellie Fruehling, CoClerk Q ('3 ...a a Jam' -<Fn3� M �� 00 166 PLS unmiiiuililullllllllllllllllllllllllllllllllllllllllllllllllllllllllllllll Doe ID: 026910550008 Type: GEN RecordedS0LUTION i r 1 _0 L 12/07/2017 at 11:10:36 AM Fee Amt: $42.00 Pape 1 of 8 Johnson �R 114t .� +WMoy �� KimPainternCountyaRecorder BK5732 PG323-330 4a city of a STATE OF IOWA ) ) SS JOHNSON COUNTY ) I, Kellie K. Fruehling, City Clerk of Iowa City, Iowa, do hereby certify that the Resolution attached hereto is a true and correct copy of Resolution No. 17-354 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 5th day of December, 2017, all as the same appears of record in my office. Dated at Iowa City, Iowa, this V k day of December, 2017. .y iso ORATE SAI Kellie K. Fruehling City Clerk fires 410 EAST WASHINGTON STREET • IOWA CITY, IOWA 52240-1826 • (319) 356-5000 • FAX (319) 356-5009 Prepared by: Susan Dulek, Ass'l. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5230 Resolution No. 17 Resolution authorizing the Mayor to sign and the City Clerk to attest to a sanitary sewer easement on the lot located at the southeast corner of Bayard Street and Lusk Avenue. Whereas, a sanitary sewer has been extended from the City's existing sanitary sewer on Rowland Court to serve lots on Lusk Avenue; Whereas, the sewer was installed by a private developer and will be dedicated to the City; Whereas, the sewer runs northwesterly along Rowland Court, then west through the northwest corner of the lot located on the southeast corner of Bayard Street and Lusk Avenue, and then south along Lusk Avenue; and Whereas, the City should approve an agreement whereby the owners of the lot located on the southeast corner of Bayard Street and Lusk Avenue grant to the City an easement for the purpose of maintaining the sanitary sewer. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that: 1. The Mayor is authorized to sign and the City Clerk to attest to the attached Sanitary Sewer Easement Agreement. 2. The City Clerk is directed to record said agreement at the owners'/grantors' expense. Passed and approved this Sct, day of December, 2017. Maydf t { t pp ACC a St 3 `) i} 'y Attorneys / \ y's Office , PU COGify Cletif� �dr3� ,�Lo Resolution No. 17-354 Page 2 It was moved by Mims and seconded by Botchway the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: ABSTAIN: x Botchway x Cole x Dickens x Mims x Taylor x Thomas x Tbrogmorton /b6 Prepared by: Brian Fagan, Simmons Perrine Moyer Bergman PLC, 115 Third Street SE, Suite 1200, Cedar Rapids, Iowa 52401 SANITARY SEWER EASEMENT AGREEMENT This Agreement is made by and between Gary A. Klinefelter and Cynthia E. Parsons, husband and wife, (hereinafter "Owners"), and the City of Iowa City, Iowa, a municipal corporation (hereinafter "the City'). WHEREAS, Owners are the owners of property located immediately north of 110 Lusk Avenue, Iowa City, Johnson County, Iowa, which property is legally described on Exhibit "A" and attached hereto by reference (the "Real Estate"); and - WHEREAS, Owners wish to convey a sanitary sewer easement to the City of Iowa City, as depicted in the Easement Plat, attached hereto as Exhibit "B" and incorporated herein by reference (the "Easement Area"). NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: Owners, as the owners of the Real Estate, for the sum of One Dollar and other valuable consideration, receipt of which is hereby acknowledged, hereby grant and convey to the City a permanent sanitary sewer easement over and across the Easement Area for the purposes of excavating, installing, replacing, maintaining and using such sanitary sewer lines, pipes, mains and conduits, as the City shall from time to time elect, for conveying sewage, together with all necessary appliances and fittings for use in connection with said lines and adequate protection thereof, and also a right-of-way with right of ingress and egress thereto, over and across the premises as designated in Exhibit "B". Owners further grant to the City the following rights in connection with the easement: 1. The right to grade said Easement Area for the full width thereof, and the right to extend the cuts and fills for such grading into and on said land along and outside of said Easement Area, to such extent as the City may find reasonably necessary. 2. The right from time to time to trim, cut down and clear away all trees and brush on said Easement Area and on either side of said Easement Area which now or hereafter in the opinion of the City may be a hazard to the sanitary sewer lines, or may interfere with the exercise of the City's rights hereunder in any manner. 3. The right to enter onto land beyond the Easement Area and conduct emergency repair which may extend minimally beyond the Easement Area, without obtaining a separate temporary easement. The City's right to do such work shall be effective only upon the City's prior notice to Owners, and with minimal disruption of area. 4. City shall promptly backfill any trench made by it, and repair any damages caused by the City within the Easement Area, including any damages by virtue of future excavation or use of the Easement Area, but excluding the replacement of trees, shrubs and brush on the Easement Area. The City shall indemnify Owners 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 Easement Area has been completely restored as set forth above and except as expressly provided in this Easement Agreement, the City shall have no responsibility for maintaining the Easement Area. 5. The Owners reserve a right to use said Easement Area for purposes which will not interfere with the City's full enjoyment of its rights hereby granted; provided that the Owners shall not erect or construct any building, fence, retaining wall or other structures; plant any trees, drill or operate any well; construct any obstructions on said Easement Area; or substantially add to the ground cover of said Easement Area. Owners shall not permit any other utility to be put in longitudinally in the Easement Area. Owners may plant trees and shrubs on the Easement Area but in the event the City must disturb or remove said trees and shrubs pursuant to its easement rights described above, the City shall have no obligation to replace said trees and shrubs, or compensate Owners for the same. Owners may construct a fence over or upon the Easement Area, but only after submittal to the City of a schematic design and prior written approval of the City Engineer, which approval shall not be unreasonably withheld. In the event of such approval and construction of a fence by Owners, the City shall have no obligation to repair or replace such fence, or compensate Owners for the same, in the event that the City must disturb or remove the fence pursuant to its easement rights described above. 6. The City further agrees that nothing in this Easement Agreement shall in any way pre- clude Owners from causing, allowing or permitting utilities to cross the Easement Area, but only upon the City's approval, which approval shall not be unreasonably withheld, and only if said utilities cross the Easement Area in a perpendicular direction. 7. The Owners hereby covenant with the City that it is lawfully seized and possessed of the real estate described above, and that it has good and lawful right to convey it or any part thereof. 8. In the event Owners develop or re -develop their property, it is agreed by the City that Owners may tap into the sanitary sewer line and/or main located in the Easement Area, so long as the plans have been reviewed and/or approved by the appropriate City departments governing such development or redevelopment. 9. This easement shall inure to the benefit of and bind the successors and assigns of the respective parties hereto. All covenants shall be deemed to apply to and run with the title to the land. SIGNED this , 5th Day of December 2017 City Attorney's Office STATE OF IOWA ) )SS: JOHNSON COUNTY ) On this j-�2 day of ` 4 ay- , 2017, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Cynthia E. Parsons, to me personally known and acknowledged the execution of the foregoing instrument to be a voluntary act. Notary PublW n and for the State of Iowa My Commission Expires: 11 a l - I-] STATE OF IOWA o� =ARIRr� C87138SS: res7 JOHNSON COUNTY ) On this IS day of WAI- , 2017, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Gary A. Klinefelter, to me personally known, and acknowledged the execution of the foregoing ' s"ument to bea voluntary act. 1, 041,tw e Notary Publi -n and for the State of Iowa My Commission Expires: 0- , ( - 1 -1 STATE OF IOWA ) ) SS: JOHNSON COUNTY ) o "r, PAWN MARIE LAIR Commission Number 787138 My ComMssion Expires iow November 21, 2017 On this 5 day ofd, 2017, before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Jim Throgmorton and Kellie K. Fruehling to me personally known, who being duly sworn, did say that they are the Mayor and City Clerk, respectively of said municipal corporation, executing the foregoing instrument; that the seal affixed thereto is the seal of said municipal corporation; that said instrument was signed and sealed on behalf of said municipal corporation by authority of City council of said municipal corporation; and that the Jim Throgmorton and Kellie Fruehl,%Mowledged that execution of said instrument to be the voluntary act and deed of said municipal corporation and by them voluntarily executed. Notary Public in and for tw State of Iowa 4��ur s CHRISTINE OLNEY _ Commission Number 888232 e My CommWion i' orn IOWA Ed EXHIBIT A Lot 1 of Capitol View, a subdivision of all of Block 13 of Manville Addition to Iowa City, Iowa, except the East 60 feet thereof, according to Plat Book 3, Page 389, Plat Records of Johnson County, Iowa. Subject to easements and restrictions of record. 3V EASEMENT PLAT A PORTION OF LOT 1, CAPITOL VIEW, A SUBDIVISION OF MANVILLE ADDITION TO IOWA CITY, IOWA EXCEPT THE EAST 60 FEET THEREOF, LOCATED IN SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 9, TOWNSHIP 79 NORTH, RANGE 6 WEST THE FIFTH PRINCIPAL MERIDIAN IOWA CITY, JOHNSON COUNTY, IOWA Bavard Street POINT OF BEGINNING NW CORNER LOT 1 \ S78.43Y43„E 77 97. 1®®® — 0 7.5 15 22.5 30 - - GRAPHIC SCALE IN FEET 1"=30' RROWI C nd r �y..�77.5fi 582'13'38"W CD SANITARY SEWER EASEMENT 987 SF 0 CA )OT LOCATION: A PORTION OF LOT 1, CAPITOL VIEW, TO IOWA CITY, IOWA LOCATED IN THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 9, TOWNSHIP 79 NORTH, RANGE 6 WEST OF THE FIFTH PRINCIPAL MERIDIAN LAND SURVEYOR, INCLUDING FIRM OR ORGANIZATION: GLEN D. MEISNER P.L.S MMS CONSULTANTS INC. 1917 SOUTH GILBERT STREET IOWA CITY, IOWA, 52240 PHONE: 319-351-8282 SURVEY REQUESTED BY: F. REED CARLSON 1202 PLEASANT AVENUE DECORAH, IOWA 52101 PROPRIETOR OR OWNER: GARY A. KUNEFELTER 1131 E. WASHINGTON ST IOWA CITY, IA 52245 DATE OF SURVEY MARCH 14, 2017 DOCUMENT RETURN INFORMATION: LAND SURVEYOR EXHIBIT IOWA LEGEND AND NOTES • — PROPERTY CORNER(S), FOUND (as noted) 0 — PROPERTY CORNERS SET (5/8" IronPN wl yellow, plastic LS Cap -�= embossed with MMS ) — PROPERTY &/or BOUNDARY UNES — — — — RIGHT—OF—WAY LINES — CENTER LIMES — LOT LINES, PLATTED OR BY DEED — EASEMENT LINES, WIDTH & PURPOSE NOTED — DOSBNG EASEMENT LINES, PURPOSE NOTED (R) — RECORDED DIMENSIONS M — MEASURED DIMENSIONS C22-1 — CURVE SEGMENT NUMBER UNLESS NOTED OTHIMSE, ALL DMENSIONS ARE IN FEET AND HUNDREDTHS LEGAL DESCRIPTION - SANITARY SEWER EASEMENT \ F•. PORTION OF LOT 1, CAPITOL VIEW SUBDIVISION TO IOWA CITY IN THE SOUTHWEST QUARTER \ OF THE NORTHEAST QUARTER OF SECTION 9, TOWNSHIP 79 NORTH, RANGE 6 WEST OF THE FIFTH PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: Beginning at the Northwest Corner of Lot 1, Capitol View Subdivision, Iowa City, Johnson County, Iowa, in accordance with the Recorded Plat recorded in Plat Book 3, at Page 389, \ of the records of the Johnson County Recorders Office; Thence S78'4343"E, along the North Line of said Lot 1, a distance of 77.97 feet; Thence S8273'38"W, 77.56 feet to a point on the West Line of said Lot 1; Thence N00'51'04"E, along said West Line, 25.73 feet, to the Point of Beginning. Said Sanitary Sewer Easement contains 987 square feet, and is subject to easements and restrictions of record. to Iowa City, Iowa in accordance with the recorded plat thereof, recorded in Plat Book 3, at page 389, of the records of the Johnson County ecorder's Office ��� 46P 3 4 I hereby certify that this land surveying document was prepared and the related survey work was performed by me or under my direct personal supervision and that I am a duly licensed Land Surveyor under the laws of the State of Iowa. GLEN ' -GLEN D. MEISNER, 'P L.S. Iowa Lic. No. 8165 D. rim MEISNER8165 -�= My license renewal date is December 31, 20--a ,'y\ SEAL Pages or sheets covered by this seal: -W CIVIL ENGINEERS LAND PLANNERS LAND SURVEYORS LANDSCAPE ARCHITECTS ENVIRONMENTAL SPECIALISTS 1917 S. GILBERT ST. IOWA CITY, IOWA 52240 (319) 351-8282 www.mmsconsultants.net Date I Revision EASEMENT PLAT SANITARY SEWER A PORTION OF LOT 1, CAPITOL VIEW TO IOWA CITY. IOWA LOCATED IN THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 9. TOWNSHIP 79 NORTH. RANGE 6 WEST OF THE FIFTH PRINCIPAL MERIDIAN IOWA CITY JOHNSON COUNTY IOWA MMS CONSULTANTS, INC. Dom` 10/09/17 Deslgned by. 1Meld Back No. vu,vi 1 Project No. IC 9187-004 of. 13w ID: 026913600004 Type: GEN : RESOLUTION rded: 12/12/2017 at 09:21:48 AM Amt: $22.00 -Pape 1 of 4 Klm Painter County Recorder BK5733 RG664-667 STATE OF IOWA ) SS JOHNSON COUNTY ar ♦Q CFty of 3 4 C% I, Kellie K. Fruehling, City Clerk of Iowa City, Iowa, do hereby certify that the Resolution attached hereto is a true and correct copy of Resolution No. 17-355 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 5th day of December, 2017, all as the same appears of record in my office. Dated at Iowa City, Iowa, this 64-k� day of December, 2017. Kellie K. Fruehling City Clerk fires •l�tla J.. Di. sr' t ,,,j2.ii7Cdd7Feo'env�n� (OR OMTE: SRI 410 EAST WASHINGTON STREET • IOWA CITY, IOWA 52240-1826 9 (319) 356-5000 • FAX (319) 356-5009 -qcl(u) Prepared by: Sara Greenwood Hektoen, Asst. City Attorney, 410 E. Washington St.,)owa City, IA 52240, 356- 5030 Resolution. No. 17-355 Resolution Accepting the Dedication of Right -of -Way for Bristol Drive Adjacent to Dean Oakes Fifth Addition, Iowa City, Iowa. Whereas, Evelyn and Dean Oakes wish to create a developable lot, and in doing so, need to dedication right-of-way to the City so that the lot has frontage on a public street and ensure street connectivity; and Whereas, the right-of-way hereby accepted will allow for the extension of Bristol Drive, should the land to the east ever be developed; and Whereas, this land was included in the Dean Oakes Seventh Addition Preliminary Plat, approved by City Council pursuant to Resolution 17-43 on February 7, 2017; and Whereas, acceptance of said dedication to be in the public interest. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that: Acceptance of that portion of right-of-way to be known as Bristol Drive, Iowa City, Iowa, as legally described in the attached Right -of -Way Acquisition Plat, in a form of conveyance approved by the City Attorney's Office, is hereby approved and authorized. 2. Upon direction of the City Attorney, the Mayor is authorized to sign and the City Clerk to attest any and all documentation necessary to effectuate the acceptance of said dedication and record the same at the owner's expense. Passed and approved this 5th day Of December 20 7, IA OR CVI\I1VWIN I6 kiv� ;. � 4Approved by �4L�s�2 "City Attorney's Office !i/ 71 r6l Resolution No. Page 2 17-355 It was moved by Mims and seconded by Botchway the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: ABSTAIN: % Botcbway x Cole x Dickens % Mims x Taylor % Thomas % Throgmorton Folk COUNTY RECORDERS USE /DEAN OOG�IC.{CS FEFTH ADD OMOO N ' N MINmNYC PARI M RAT TfRQ RFGLiSFD N fi/.i yAY M AT P/CG 39f [T 31C F£lQ9J V M IE? .GEPyEAi LLwrY RPlLNtQ'9 RR2 CJ N1 BECTVOIM 2= N-HSW . DEAN OGAQKES SECOND GAQDDIISTOOOMn LCC/,TRNI:litoo.bErt. - APoRIKKIOFIHENORINFABTpUAATEROFTNE OAMES CONSMUCTICN NORTHY.EST QUARTER OF BECTON; YUV`RS R3P P.O. 6=Wo NORMRANOE6MM.OFWEFN7IPRINCRAL IONACf1T•N6. MERRNAN, NRYA CRY. JOHNSON COUNTY. IOWA 6VSOMOEREATTORNET. BEGINNING AT THE NORTHEAST CORNER OF LOT 4, DEAN OAKES FIFTH AMMON, JATSIWA SE IN ACCORDANCE WTH THE PLAT THEREOF RECORDED IN PUT BOOK 35 AT PAGE P.O.SD1.1Ow 298 OF WE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE; THENCE TONG CRY. N 52244 uxpaugvEroR OI N. McSN RL9 PROPRIETOR OROWNEN: EVELYNMOAMES Moo Wrrsuvr OIHC. 1.178OLIM ILBptTSIgEET P.O.00%N]9 Imcrry.'ONA4310 IOWAGIY.w3u11 PHOXE: 1wsbM3 OAlEOF 6URVEY OOCumm RENRH MFORMARON: OF WE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE; THENCE IANDSTRVEI'OR ib1P2a1B POINTOF BEGINNING ��a� NWjUm. a. R=19&44' W . £ CB=NIS'49'24-W 'T4 i 2 W �� � ••+ y � � J J £R Fame rRu '9 IS W 759.88'(M) 1B0.0'(R) 58638'49 W� ' `LMFDARY ELRVEY N k[RmA4[E M11R M MT M➢1•LT FF/galg N Mi fKO.(R Ai P/E( TO [P TIL'Plb49J LI' TIE J.TE£r'll !LINTY PPlL1RR•v LrT6 4F'4y LOr,I l(YODC-R 1 % It a eaa.�H,dm, n'umm, T5Dt2D Signed be/ore m9ih12 or NT+A' Jub u, tl' (1•'.RRR���lll L li _ L!i3L'iL`.: rnr. R X380.70' R 38.151' a CO 60 T-19.16' PHIC SCALEMFEET T=19.11' C=]&16' 11=57 CB-S339515'E Right of Way Acquisition Plat Bristol Drive IOWA CITY, IOWA LEGEND AND NOTES • -PROPERTY CORNER(S), FOUND (aa natod) o - PROPERTY CORNERS SET (5/S' Von Po N/ 'r." P1.11. LS Co, embossed NIM MMS- ) ® CUT'r PROPERTY k/or BOUNDARY ONES —"'---' RICNT-OF-WAV UNES - CENTER ONES LOT TINES. INTERNAL — -- LDT uNES. PUTTED OR ar DEED - -------- EASEMENT UN & PURPDSE NOTED -----(-(-))------- RECORDED EX1nNG EASEMENT lDTES, PURPOSE NOTED (M) - SIONS MEASURED DIIMENSIONS 022-1 - CURVE SEGMENT NUMBER UATESS NDRD OTERM1ISE ALL DMFN90NS ARE M FEET AND HUNIIU➢RIS LOT TA" - STREET RO.W DESCRIPTION - RIGHT OF VMY ACQUISITION U3 AC A PORTION OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF (8576 SF) SECTION 2, TOWNSHIP 79 NORTH, RANGE 6 WEST, OF THE FIFTH PRINCIPAL JMERIDIAN. IOWA CITY, JOHNSON COUNTY, IOWA, DESCRIBED AS FOLLOWS BEGINNING AT THE NORTHEAST CORNER OF LOT 4, DEAN OAKES FIFTH AMMON, G I D. U.. H. l.5 IoNO Oc. N4 5165 My neenae renaNal d0. b Dncembnr 31, 20! ? IN ACCORDANCE WTH THE PLAT THEREOF RECORDED IN PUT BOOK 35 AT PAGE *..,,_..,.✓Ar IOWA 298 OF WE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE; THENCE oeel9rod DAM Fleld Beak No,fi5 N513931'E ALONG THE SOUTH ONE OF SAID DEAN OAKES FIFTH ADDITION, 50.OD FEET, TO WE SOUTHWEST CORNER OF LOT 5 OF DEAN OAKES FIFTH ADDITION; RLIN V-50, TIERCE S38W'12'E, 21.07 FEET. THENCE SOUTHEASTERLY 38.18 FEET, ALONG A 3SM70 FOOT RAONS CURVE, CONCAVE SOUTHWESTERLY, WHOSE 38.16 FOOT SEAL CHORD BEARS S35M5'1S'E; THENCE S(H 31.36'E, 163.22 FEET TD WE NORTHEAST GDM 1 in L No. IC )eL1080-120 °r. 1 CORNER OF WE TRACT OF LAND DEPICTED ON WE BOUNDARY SURVEY IN ACCORDANCE WTH THE PUT THEREOF RECORDED IN PLAT BOOK 13 AT PAGE 20 OF WE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE; THENCE NORIHYrE6TERLY IOM44 FEET, ALONG AN ARC OF A 310.70 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, MOSS 19508 FOOT CHORD BEARS N19'4W29-W; THENCE N39W'12'W, 21.07 FEEL TO THE POINT OF BEGINNING SAID TRACT OF LAND CONTAINS 0.13 ACRE (5.516 SQUARE FEET), AND IS SUBJECT M EASEMENTS AND AE57RICTONS OF RECORD. CML ENGINEERS LAND PLANNERS LAND SURVEYORS LANDSCAPEARCHITECTS 1917 S. GILBERT ST, IOWA CRY, IOWA 52240 (319) 351-8282 W NNJ.mInscOnSUI1antsmeI RIGHT OF WAY ACQUISITION - A PORTON OF WE NORWRUST OUARTEROFTHENORTHWEST ' R I heeb Neey uym d eUr RPrk Raa 1O1f..d by me Or under my direct Survey al�idR d nlamed UI.1of I Skle of Iol11...d Prafeaelencl Lood OUMIREROFSEGTION; TOMSHIP 79 NORTH, RANGE6 VVIEST. FIFTH PRINCIPAL 1�� aER1D. . ? ELMO. in65 j JOHNSON COUNTY. IOWA MMS CONSULTANTS, INC. G I D. U.. H. l.5 IoNO Oc. N4 5165 My neenae renaNal d0. b Dncembnr 31, 20! ? °ol°' 09/27/17 *..,,_..,.✓Ar IOWA P.O.. Or eheele oaverad by Mia eedl oeel9rod DAM Fleld Beak No,fi5 pFm.o, by, Some. RLIN V-50, Ch Hood 11SleeL No. SEAL GDM 1 in L No. IC )eL1080-120 °r. 1 �e Doc ID: 026919640008 Type: GEN Kind: RESOLUTION Recorded: 12/19/2017 at 10:57:35 AM Fee Amt: $42.00 Pape 1 of 8 Johnson County Iowa Kim Painter County Recorder BK5736 PG696-703 STATE OF IOWA ) ) SS COUNTY OF JOHNSON ) � r i CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240-1826 (3 19) 356-5000 (319) 356-5009 FAX www.lcgov.org I, Kellie K. Fruehling, City Clerk of the City of Iowa City, Iowa, do hereby state that Res. 17-354, filed on December 7, 2017, Book 5732, Pages 323-330 contained incorrect voting results and Taylor should be listed as absent. Attached is the corrected copy. Dated at Iowa City, Iowa, this 18th day of December 2017. Marian K. Karr City Clerk \material .. 3s 24d(6� Prepared by: Susan Dulek, Ass't. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5230 Resolution No. 17-354 Resolution authorizing the Mayor to sign and the City Clerk to attest to a sanitary sewer easement on the lot located at the southeast corner of Bayard Street and Lusk Avenue. Whereas, a sanitary sewer has been extended from the City's existing sanitary sewer on Rowland Court to serve lots on Lusk Avenue; Whereas, the sewer was installed by a private developer and will be dedicated to the City; Whereas, the sewer runs northwesterly along Rowland Court, then west through the northwest corner of the lot located on the southeast corner of Bayard Street and Lusk Avenue, and then south along Lusk Avenue; and Whereas, the City should approve an agreement whereby the owners of the lot located on the southeast corner of Bayard Street and Lusk Avenue grant to the City an easement for the purpose of maintaining the sanitary sewer. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that: 1. The Mayor is authorized to sign and the City Clerk to attest to the attached Sanitary Sewer Easement Agreement. 2. The City Clerk is directed to record said agreement at the owners'/grantors' expense. Passed and approved this 5th day of December, 2017. i• Attest. ;} ; !0 Cify Clgr ,r , May App '1 City Attorney's Office Resolution No. Page 2 17-354 It was moved by Mims and seconded by Botchway the Resolution be adopted, and upon roll call there were: AYES: NAYS: x x x x x x ABSENT: D ABSTAIN: Botchway Cole Dickens Mims Taylor Thomas Throgmorton /-J% Prepared by: Brian Fagan, Simmons Perrine Moyer Bergman PLC, 115 Third Street SE, Suite 1200, Cedar Rapids, Iowa 52401 SANITARY SEWER EASEMENT AGREEMENT This Agreement is made by and between Gary A. Klinefelter and Cynthia E. Parsons, husband and wife, (hereinafter "Owners"), and the City of Iowa City, Iowa, a municipal corporation (hereinafter "the City'). WHEREAS, Owners are the owners of property located immediately north of 110 Lusk Avenue, Iowa City, Johnson County, Iowa, which property is legally described on Exhibit "A" and attached hereto by reference (the "Real Estate"); and WHEREAS, Owners wish to convey a sanitary sewer easement to the City of Iowa City, as depicted in the Easement Plat, attached hereto as Exhibit "B" and incorporated herein by reference (the "Easement Area"). NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: Owners, as the owners of the Real Estate, for the sum of One Dollar and other valuable consideration, receipt of which is hereby acknowledged, hereby grant and convey to the City a permanent sanitary sewer easement over and across the Easement Area for the purposes of excavating, installing, replacing, maintaining and using such sanitary sewer lines, pipes, mains and conduits, as the City shall from time to time elect, for conveying sewage, together with all necessary appliances and fittings for use in connection with said lines and adequate protection thereof, and also a right-of-way with right of ingress and egress thereto, over and across the premises as designated in Exhibit "B". Owners further grant to the City the following rights in connection with the easement: 1. The right to grade said Easement Area for the full width thereof, and the right to extend the cuts and fills for such grading into and on said land along and outside of said Easement Area, to such extent as the City may find reasonably necessary. 2. The right from time to time to trim, cut down and clear away all trees and brush on said Easement Area and on either side of said Easement Area which now or hereafter in the opinion of the City may be a hazard to the sanitary sewer lines, or may interfere with the exercise of the City's rights hereunder in any manner. 3. The right to enter onto land beyond the Easement Area and conduct emergency repair which may extend minimally beyond the Easement Area, without obtaining a separate temporary easement. The City's right to do such work shall be effective only upon the City's prior notice to Owners, and with minimal disruption of area. 4. City shall promptly backfill any trench made by it, and repair any damages caused by the City within the Easement Area, including any damages by virtue of future excavation or use of the Easement Area, but excluding the replacement of trees, shrubs and brush on the Easement Area. The City shall indemnify Owners 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 Easement Area has been completely restored as set forth above and except as expressly Eb provided in this Easement Agreement, the City shall have no responsibility for maintaining the Easement Area. 5. The Owners reserve a right to use said Easement Area for purposes which will not interfere with the City's full enjoyment of its rights hereby granted; provided that the Owners shall not erect or construct any building, fence, retaining wall or other structures; plant any trees, drill or operate any well; construct any obstructions on said Easement Area; or substantially add to the ground cover of said Easement Area. Owners shall not permit any other utility to be put in longitudinally in the Easement Area. Owners may plant trees and shrubs on the Easement Area but in the event the City must disturb or remove said trees and shrubs pursuant to its easement rights described above, the City shall have no obligation to replace said trees and shrubs, or compensate Owners for the same. Owners may construct a fence over or upon the Easement Area, but only after submittal to the City of a schematic design and prior written approval of the City Engineer, which approval shall not be unreasonably withheld. In the event of such approval and construction of a fence by Owners, the City shall have no obligation to repair or replace such fence, or compensate Owners for the same, in the event that the City must disturb or remove the fence pursuant to its easement rights described above. 6. The City further agrees that nothing in this Easement Agreement shall in any way pre- clude Owners from causing, allowing or permitting utilities to cross the Easement Area, but only upon the City's approval, which approval shall not be unreasonably withheld, and only if said utilities cross the Easement Area in a perpendicular direction. 7. The Owners hereby covenant with the City that it is lawfully seized and possessed of the real estate described above, and that it has good and lawful right to convey it or any part thereof. 8. In the event Owners develop or re -develop their property, it is agreed by the City that Owners may tap into the sanitary sewer line and/or main located in the Easement Area, so long as the plans have been reviewed and/or approved by the appropriate City departments governing such development or redevelopment. 9. This easement shall inure to the benefit of and bind the successors and assigns of the respective parties hereto. All covenants shall be deemed to apply to and run with the title to the land. SIGNED this . 5th Day of December 2017, rFrVI�V�u Wy. City Attorney's Office M STATE OF IOWA ) )SS: JOHNSON COUNTY ) On this� day of J4 Dy. 2017, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Cynthia E. Parsons, to me personally known and acknowledged the execution of the foregoing instrument to be a voluntary act. Notary Public m and for the State of Iowa My Commission Expires: 11• A I -1 `7 jj=A7R STATE OF IOWA ) 7138SS: R JOHNSON COUNTY) On this 13 day of IvflV 2017, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Gary A. Klinefelter, to me personally known, and acknowledged the execution of the foregoing 'strument to be a voluntary act. 041 V '6 UZI Notary Pul li n and for the State of Iowa My Commission Expires: ( (- a I - 17 STATE OF IOWA ) ) SS: JOHNSON COUNTY ) oak PAWN MARIE LAIR CommisslonNumbar787138 My Commission %fres ow November 21, 2017 On this 5�` day of�2QaM6E:, 2017, before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Jim Throgmorton and Kellie K. Fruehling to me personally known, who being duly sworn, did say that they are the Mayor and City Clerk, respectively of said municipal corporation, executing the foregoing instrument; that the seal affixed thereto is the seal of said municipal corporation; that said instrument was signed and sealed on behalf of said municipal corporation by authority of City council of said municipal corporation; and that the Jim Throgmorton and Kellie FruehliiBlEhowledged that execution of said instrument to be the voluntary act and deed of said municipal corporation and by them voluntarily executed. Notary Public in and for twState of Iowa GCHRISTINE OLNEY CommissionNumber8=2 My Commission Expires d Mb EXHIBIT A Lot 1 of Capitol View, a subdivision of all of Block 13 of Manville Addition to Iowa City, Iowa, except the East 60 feet thereof, according to Plat Book 3, Page 389, Plat Records of Johnson County, Iowa. Subject to easements and restrictions of record. EASEMENT PLAT A PORTION OF LOT 1, CAPITOL VIEW, A SUBDIVISION OF MANVILLE ADDITION TO IOWA CITY, IOWA EXCEPT THE EAST 60 FEET THEREOF, LOCATED IN SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 9, TOWNSHIP 79 NORTH, RANGE 6 WEST OF THE FIFTH PRINCIPAL MERIDIAN IOWA CITY, JOHNSON COUNTY, IOWA - - - - - - - -I NQMMLE QDMTMN ------ 0 7.5 15 22.5 30 GRAPHIC SCALE IN FEET 1"=30' Bayard Street T POINTOFOF BEGINNING /�O 01 NW CORNER LOT 1 \ S h Tn r j o Ld It O M n N LO O N O Z S78 43'77 97' 43"E \ [Co tip t 5821338"W CD T SANITARY SEWER EASEMENT 987 SF L C Ml LOCATION: A PORTION OF LOT 1, CAPITOL VIEW, TO IOWA CITY, IOWA LOCATED IN THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 9, TOWNSHIP 79 NORTH, RANGE 6 WEST OF THE FIFTH PRINCIPAL MERIDIAN LAND SURVEYOR, INCLUDING FIRM OR ORGANIZATION: GLEN D. MEISNER P.LS MMS CONSULTANTS INC. 1917 SOUTH GILBERT STREET IOWA CITY, IOWA, 52240 PHONE: 319-351-8282 SURVEY REQUESTED BY: F. REED CARLSON 1202 PLEASANT AVENUE DECORAH. IOWA 52101 PROPRIETOR OR OWNER: GARY A. KLINEFELTER 1131 E. WASHINGTON ST IOWA CITY, IA 52245 DATE OF SURVEY MARCH 14, 2017 DOCUMENT RETURN INFORMATION: LAND SURVEYOR EXHIBIT 1n� IOWA LEGEND AND NOTES • — PROPERTY CORNER(S), FOUND (as noted) 0 — PROPERTY CORNERS SET (5/B' Iron. Pin w/ yellow, plastic LS Cap `a` embossed with 'MMS' ) 8)65 — PROPERTY &/or BOUNDARY LINES — -' — — RIGHT—OF—WAY LINES — CENTER LINES — LOT LINES, PLATTED OR BY DEED -- EASEMENT LINES, WIDTH & PURPOSE NOTED — ENISTING EASEMENT LINES, PURPOSE NOTED ((R)) — RECORDED DIMENSIONS (M) — MEASURED DIMENSIONS C22-1 — CURVE SEGMENT NUMBER UNLESS NOTED OTHERWISE, ALL DIMENSIONS ARE IN FEET AND HUNDREDTHS 0' \ LEGAL DESCRIPTION — SANITARY SEWER EASEMENT \ F, PORTION OF LOT 1, CAPITOL VIEW SUBDIVISION TO IOWA CITY IN THE SOUTHWEST QUARTER \ OF THE NORTHEAST QUARTER OF SECTION 9, TOWNSHIP 79 NORTH, RANGE 6 WEST OF THE FIFTH PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: \ Beginning of the Northwest Corner of Lot 1, Capitol View Subdivision, Iowa City, Johnson ` County, Iowa, in accordance with the Recorded Plat recorded In Plat Book 3, at Page 389, \ of the records of the Johnson County Recorders Office; Thence S78'43'43"E, along the North Line of said Lot 1, a distance of 77.97 feet; Thence S82'13'38"W, 77.56 feet to a ` point on the West Line of said Lot 1; Thence N00'51'04"E, along said West Line, 25.73 feet, 1t to the Point of Beginning. Said Sanitary Sewer Easement contains 987 square feet, and is 1 subject to easements and restrictions of record. F V to Iowa City, Iowa in accordance with the recorded Plat thereof, recorded in Plat Book 3, at page 389, of the records of the Johnson County F ecorder's Office 00 4 I hereby certify that this land surveying document was prepared and the related survey work was performed by me or under my direct personal supervision and that 1 am a duly licensed Land Surveyor under the laws of the State of Iowa. GLEN c= 2o -Z-7 (GLEN D. MEISNER, LS. Iowa Lic. No. 6165 D. IT, MEISNER `a` My license renewal date is December 31, 20—/_7 8)65 SEAL Pages or sheets covered by this seal: -4/ CIVIL ENGINEERS LAND PLANNERS LAND SURVEYORS LANDSCAPE ARCHITECTS ENVIRONMENTAL SPECIALISTS 1917 S. GILBERT ST. IOWA CITY, IOWA 52240 (319)351-8282 www.mmsconsultants.net pats I Revislon EASEMENT PLAT SANITARY SEWER A PORTION OF LOT 1, CAPITOL VIEW TO IOWA CITY, IOWA LOCATED IN THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 9, TOWNSHIP 79 NORTH, RANGE 6 WEST OF THE FIFTH PRINCIPAL MERIDIAN IOWA CITY JOHNSON COUNTY IOWA MMS CONSULTANTS, INC. Date 10/09/17 Designed by, Field Book No. VJSI 1165,1166 Drawn by. Iscaler. Project No. IC 9187-004 r of, PFA Doc ID: 026919650004 Type: GEN Kind: RESOLUTION Recorded: 12/19/2017 at 10:58:15 AM Fee Amt: $22.00 Pape 1 of 4 Johnson County Iowa Kim Painter County Recorder SK 5736 PG704-707 STATE OF IOWA ) ) SS COUNTY OF JOHNSON ) � Pte_ � r �� ®2*1 1 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, Kellie K. Fruehling, City Clerk of the City of Iowa City, Iowa, do hereby state that Res. 17-355, filed on December 12, 2017, Book 5733, Pages 664-667 contained incorrect voting results and Taylor should be listed as absent. Attached is the corrected copy. Dated at Iowa City, Iowa, this 18th day of December 2017. Marian K. Karr City Clerk \material "=CORRORAI A . 11i1- EM. 099 Jqci(t-0 Prepared by: Sara Greenwood Hektoen, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240, 356- 5030 Resolution. No. 17-355 Resolution Accepting the Dedication of Right -of -Way for Bristol Drive Adjacent to Dean Oakes Fifth Addition, Iowa City, Iowa. Whereas, Evelyn and Dean Oakes wish to create a developable lot, and in doing so, need to dedication right-of-way to the City so that the lot has frontage on a public street and ensure street connectivity; and Whereas, the right-of-way hereby accepted will allow for the extension of Bristol Drive, should the land to the east ever be developed; and Whereas, this land was included in the Dean Oakes Seventh Addition Preliminary Plat, approved by City Council pursuant to Resolution 17-43 on February 7, 2017; and Whereas, acceptance of said dedication to be in the public interest. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that: 1. Acceptance of that portion of right-of-way to be known as Bristol Drive, Iowa City, Iowa, as legally described in the attached Right -of -Way Acquisition Plat, in a form of conveyance approved by the City Attorney's Office, is hereby approved and authorized. 2. Upon direction of the City Attorney, the Mayor is authorized to sign and the City Clerk to attest any and all documentation necessary to effectuate the acceptance of said dedication and record the same at the owner's expense. Passed and approved this 5th day of December —,20 7, AOR �r h l ul`I �I,U i1i Approved by �a�-rn ✓ CTC.[P..rk�17lU�%����7Zcrr�, City Attorney's Office 1/// 7� % 3°1 Resolution No. 17-355 Page 2 It was moved by Mims and seconded by Botchway the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: ABSTAIN: x Botchway x Cole x Dickens x Mims x Taylor x Thomas x Throgmorton UOd ANON: SUSONICHI: APORTNNIOF TUENORTHEAITOUARTEROFTHE O.. CON9iRUrCON NORTHWESTOVARTER OFREC9ON;TOWNSMPie I'm p0%115e NORTH. RANGE 6 WEST. OF THE FIFTH PRINCIPAL 10AA CITY.NS". P.J AR IOWA CITY. JOHNSON COUNTY. IDAA SUopmOER'SATNRNEr: g1*- ,f \ JATSIOAFWSE 71 SECToGN -TM DW P.O.BO%I6071 HAVAGRY.wsxxla 1ANOsuwRYOR: PROPRIETOR OR OWIdM atEN o. NEICxER a.LA 'DLI.1mARY SURVEY NS MMS COIILTAMfi INC. EVELYRIACNAS 1B11SONTHGILDERT SRIEEr P,O.B=1119 1C.."., IWC\ ano. IWIACNY.Iq SxxN PxpxE: mwslmex pOCUNENTREIURN ItxFORIMNON: ppTEpFSURVEI` IPNO SURVEYOfl 13-Iam1B - - UNLESS NOTED OTHI ALL DIMENSIONS ARE M FET AND HUNDREDTHS FOR CWlltt reca ER'D 115E 2 /BEAN CAKES FFTH ABOR90H (51r Iran Ph w� pRow, plastic IS Cap N .Y/I ANE mm NC Fur NOSLi• Fm/gb® N Rwr Tore ae Ar Pres a7A a Ile wars a' Fie E.-310 0- R�310.44 as L-102: N.i .YAPFb.J rLINIY R10119e+tFAP T=102.]3' g1*- ,f \ C8=N19'49'24'W 71 SECToGN -TM DW - PROPERTY 8:/dr BOUNDARY UNES BEGINNING gI Fedxa r ew N lin BEAN OO GA, KES � SECOND GAQDDV400�1 N K[LWA`YL'MII1 x16 RAT IIfRPF 1@LdRS N r .a6P � ' ad0� RAT KqL e0 AT PK£ D W 116Iff1LRF5 LP 1F[ xa (51r Iran Ph w� pRow, plastic IS Cap .YMYLN UURY PPGGRLEI'9 eflER • E.-310 0- R�310.44 as L-102: N.i V•, N r T=102.]3' g1*- ,f \ C8=N19'49'24'W 71 - PROPERTY 8:/dr BOUNDARY UNES 1 ��,� wi wick —"'—"'-- RIGHT -CF -WAY LINES mux6 r RN 6 Ls PAn _ 159.89'(M) WOO(R) 556'3849 W — — -- CENTER UNES 'DLI.1mARY SURVEY NW.0 Wff wan re' Rnr T16tPLr Pregmep w MT IXgt If AT P/Gt Yl W M'FdcA,C3 LT TH, J3PGM G.ERY PFLGR{R5 a. LOrI l(YOOEIi 5lgned before m tK Cmm,issian ALmber 759123 • '�{�. M111'CurvW I F1PJ, thla � of }L�=,201 . , 9% CL. �uwA' JU119,5 N' L. Notary P.1,11., US and far Na 9 La 01 Iowa. 0 Right of Way Acquisition Plat Bristol Drive IOWA CITY, IOWA LOT"All am as — max. a,a. STREET R.O.W. 0.13 AC A PORTON OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF (5,576 $F) SECTION 2, TOWNSHIP 79 NORTH, RANGE 6 WEST, OF THE FIFTH PRINCIPAL J MERIDIAN, IOWA CITY, JOHNSON COUNTY, IOWA. DESCRIBED AS FOU -OM' BEGINNING AT THE NORTHEAST CORNER OF LOT 4, DEAN OAKES FIFTH ADDITION, IN ACCORDANCE MW TRE PLAT THEREOF RECORDED IN PUT BOOK 35 AT PAGE 296 OF TRE RECORDS OF WE JOHNSON COUNTY RECORDER'S OFFICE: THENCE 1151W'31'E, ALONG THE SOUTH LINE OF SAID DEAN OAKES FIFTH ADDITION, 50.00 FEET, TO THE SOUTHWEST CORNER OF LOT 5 OF DEAN OAKES FIFTH ADDITION; THENCE S2B'07'f2'E, 21,07 FEET: THENCE SOUTREASTERLY 38.18 FEET, ALONG A 300.70 FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY. WHOSE 38.16 FOOT OF THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE; WE NORTRWE MLY 19144 FEET, ALONG AN ARC OF A 31D.7o FOOT RADIUS CUI CONCAVE SOUTHWESTERLY, WHOSE 195.00 FOOT CHORD BEARS 1,119.49.2' THENCE N38'07'12'W, 21.07 FEET, TO THE POINT OF BEGINNING. SAID TRACT LAND CONTAINS 0.13 ACRE (5.5]6 SQUARE FEET), AND IS SUBJECT EASEMENTS AND RU71CPDNS OF RECORD. I hereby cartIfy that Bible land eurmAng document was prepared and the related eurvay work was perrmmed by me Or under my direct Survayn under Ne lams ofatD. State Odulyf^caenaed Pmfeealonal Land GLEND.R LSlawa L 8165 ND. ESNQR MESS MB9NFA x BIBS j My license renewal data H December 31.20! SEAL Paae9 or eheete dorored by thle aC01: "// M M CMLENGINEERS LAND PLANNERS LAND SURVEYORS LANDSCAPE ARCHITECTS ENVIRONMENTAL SPECIALISTS 1917 S. GILEERT ST. IOWA CIN• IOWA 52240 (319)351-0202 w .mmsconsuitants.net Qob RavRbn RIGHT OF WAY ACQUISITION A PORTON OFTHE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 2. TOWNSHIP 79 NORTH. RANGE MUT OF WE FIFTH PRINCIPAL MERIDIAN, TBWA LIR. JOHNSON COUNTY. IOWA MMS CONSULTANTS, INC Udte. 09/27/17 Daelgrod N. Sold Bade No DAM 1165 Draw bP Role• RLW °=50' LNdcked 9net W DM ReJ611 60 ITS 1611060420 dN 1 O - PROPERTY CORNERS SET (51r Iran Ph w� pRow, plastic IS Cap ' . baeead wIM NMS' ) ® ® - cur 'r - PROPERTY 8:/dr BOUNDARY UNES —"'—"'-- RIGHT -CF -WAY LINES — — -- CENTER UNES - IAT LOT UNEs, MT:RNAL DR BY OECD EASEMENT LINOS WDTH k PURPOSE NDTEO E%ISNNG EASEMENT UNES, PURPOSE NOTED p 25 60 RECORDED DIMENSIONS (M) - MEASURED DIMENSIONS C LE IN FEET PM6CA 622-I - CURVE SEGMENT NUMBER UNLESS NOTED OTHI ALL DIMENSIONS ARE M FET AND HUNDREDTHS LOT"All am as — max. a,a. STREET R.O.W. 0.13 AC A PORTON OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF (5,576 $F) SECTION 2, TOWNSHIP 79 NORTH, RANGE 6 WEST, OF THE FIFTH PRINCIPAL J MERIDIAN, IOWA CITY, JOHNSON COUNTY, IOWA. DESCRIBED AS FOU -OM' BEGINNING AT THE NORTHEAST CORNER OF LOT 4, DEAN OAKES FIFTH ADDITION, IN ACCORDANCE MW TRE PLAT THEREOF RECORDED IN PUT BOOK 35 AT PAGE 296 OF TRE RECORDS OF WE JOHNSON COUNTY RECORDER'S OFFICE: THENCE 1151W'31'E, ALONG THE SOUTH LINE OF SAID DEAN OAKES FIFTH ADDITION, 50.00 FEET, TO THE SOUTHWEST CORNER OF LOT 5 OF DEAN OAKES FIFTH ADDITION; THENCE S2B'07'f2'E, 21,07 FEET: THENCE SOUTREASTERLY 38.18 FEET, ALONG A 300.70 FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY. WHOSE 38.16 FOOT OF THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE; WE NORTRWE MLY 19144 FEET, ALONG AN ARC OF A 31D.7o FOOT RADIUS CUI CONCAVE SOUTHWESTERLY, WHOSE 195.00 FOOT CHORD BEARS 1,119.49.2' THENCE N38'07'12'W, 21.07 FEET, TO THE POINT OF BEGINNING. SAID TRACT LAND CONTAINS 0.13 ACRE (5.5]6 SQUARE FEET), AND IS SUBJECT EASEMENTS AND RU71CPDNS OF RECORD. I hereby cartIfy that Bible land eurmAng document was prepared and the related eurvay work was perrmmed by me Or under my direct Survayn under Ne lams ofatD. State Odulyf^caenaed Pmfeealonal Land GLEND.R LSlawa L 8165 ND. ESNQR MESS MB9NFA x BIBS j My license renewal data H December 31.20! SEAL Paae9 or eheete dorored by thle aC01: "// M M CMLENGINEERS LAND PLANNERS LAND SURVEYORS LANDSCAPE ARCHITECTS ENVIRONMENTAL SPECIALISTS 1917 S. GILEERT ST. IOWA CIN• IOWA 52240 (319)351-0202 w .mmsconsuitants.net Qob RavRbn RIGHT OF WAY ACQUISITION A PORTON OFTHE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 2. TOWNSHIP 79 NORTH. RANGE MUT OF WE FIFTH PRINCIPAL MERIDIAN, TBWA LIR. JOHNSON COUNTY. IOWA MMS CONSULTANTS, INC Udte. 09/27/17 Daelgrod N. Sold Bade No DAM 1165 Draw bP Role• RLW °=50' LNdcked 9net W DM ReJ611 60 ITS 1611060420 dN 1 Doc ID: 026903560014 Type: GEN Kind: ORDINANCE Recorded: 11/29/2017 at 10:36:51 AM Fee Amt: $72.00 Pape 1 of 14 Johnson County Iowa Kim Painter County Recorder BK5729 PG477-490 STATE OF IOWA ) ) SS JOHNSON COUNTY ) 1r 1 �f-. ®R7� fEF f My of 1 o*A C� I, Kellie K. Fruehling, City Clerk of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of Ordinance No. 17-4730 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 21st day of November, 2017, is a true and correct copy, all as the same appears of record in my office. Dated at Iowa City, Iowa, this Zg--�k day of November, 2017. Kellie K. Fruehling / U City Clerk \ord 410 EAST WASHINGTON STREET • IOWA CITY, IOWA 52240-1826 • (319) 356-5000 • FAX (319) 356-5009 k Prepared by: Bob Miklo, Senior Planner, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5240 (REZ17-00014) Ordinance No. 17-4730 Ordinance conditionally rezoning 28.03 acres from Interim Development - Research Park (ID -RP) zone to High Density Single -Family Residential (RS -12) zone for 5.35 acres, Low Density Multifamily (RM -12) zone for 3.3 acres and Rural Residential (RR -1) zone for 19.38 acres for property located west of Camp Cardinal Road and south of Kennedy Parkway (REZ17.00014) WHEREAS, the applicant, The Crossings Development, LC, has requested a rezoning of approximately 28.03 acres of property located south of Kennedy Parkway west of Camp Cardinal Boulevard, from Interim - Development Research Park (ID -RP) zone to High Density Single -Family Residential (RS -12) zone for 5.35 acres, Low Density Multifamily (RM -12) zone for 3.3 acres and Rural Residential (RR -1) zone for 19.38 acres; and WHEREAS, the Comprehensive Plan indicates that this area is suitable for "conservation design" including a variety of residential housing types clustered away from environmentally sensitive areas; and WHEREAS, the Planning and Zoning Commission has reviewed the proposed RM -12 zoning and finds that it is consistent with the Comprehensive Plan, provided development meets certain conditions, including general compliance with the concept plan with townhouse -style multi -family dwellings with vehicular access to garages from a rear lane that is a maximum of 18 feet wide with green space and landscaping between the rear driveways to reduce impervious surface, improve stormwater drainage, and prevent speeding; and staff approval of a landscaping plan for the area along the rear drive and for screening the rear garages from public view in the northwest corner of the development, and development of a usable outdoor space with features such as an outdoor dining area and lawn for informal recreational use; these conditions being warranted to improve the aesthetics and livability for this cluster of higher density housing; and WHEREAS, the Planning and Zoning Commission has reviewed the proposed RS -12 zoning and RRA and finds that they are consistent with the Comprehensive Plan with an appropriate mix of single family and duplex units clustered away from the sensitive areas, which are proposed as outlots to preserve and protect these natural areas and provide for management of stormwater run-off; WHEREAS, Iowa Code §414.5 (2017) provides that the City of Iowa City may impose reasonable conditions on granting an applicant's rezoning request, over and above existing regulations, in order to satisfy public needs caused by the requested change; and WHEREAS, the applicant has agreed that the property shall be developed in accordance with the terms and conditions of the Conditional Zoning Agreement attached hereto to ensure appropriate development in this area of the city; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I APPROVAL. Subject to the Conditional Zoning Agreement attached hereto and incorporated herein, property described below is hereby reclassified from its current zoning designation of ID -RP to the designations described in the legal descriptions below: RS -12 - PART OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER AND PART OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 12, TOWNSHIP 79 NORTH, RANGE 7 WEST OF THE 5TH PRINCIPAL MERIDIAN, IOWA CITY, JOHNSON COUNTY, IOWA AND PART OF AUDITOR'S PARCEL NO. 2012052 AS RECORDED IN BOOK 56, PAGE 379 IN THE OFFICE OF THE JOHNSON COUNTY, IOWA RECORDER AND PART OF AUDITOR'S PARCEL NO. 2012053 AS RECORDER IN BOOK 56, PAGE 378 IN THE OFFICE OF THE JOHNSON COUNTY, IOWA RECORDER DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHERLY CORNER OF LOT 13, CARDINAL POINTE WEST - PART ONE AS RECORDED IN BOOK 60, PAGE 166 IN THE OFFICE OF THE JOHNSON COUNTY, IOWA RECORDER; THENCE N21048'05"E 170.86 FEET ALONG THE SOUTHERLY LINE OF SAID CARDINAL POINTE WEST - PART ONE; THENCE 1\114°30'51"E 68.49 FEET ALONG SAID Ordinance No. 17-4730 Page 2 SOUTHERLY LINE; THENCE N86°42'03"E 215.79 FEET ALONG SAID SOUTHERLY LINE; THENCE SOUTHERLY 16.52 FEET ALONG THE ARC OF A 530.00 FOOT RADIUS CURVE, CONCAVE EASTERLY (CHORD BEARS S4°11'32"E 16.52 FEET); THENCE N84°54'52"E 200.00 FEET ALONG SAID SOUTHERLY LINE TO THE SOUTHEAST CORNER OF LOT 4, SAID CARDINAL POINTE WEST - PART ONE; THENCE S16°49'51"E 101.12 FEET; THENCE S25°47'11"E 65.05 FEET; THENCE S35°51'09"E 67.65 FEET; THENCE S38°11'58"E 75.00 FEET; THENCE S37°42'38"E 79.04 FEET; THENCE S33°19'25"E 84.78 FEET, THENCE S27°59'01"E 48.60; THENCE S26°56'21"E 53.53 FEET; THENCE S21°30'05"E 86.33 FEET; THENCE S71°13'03"W 160.00 FEET; THENCE NORTHWESTERLY 254.17 FEET ALONG THE ARC OF A 750.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY (CHORD BEARS N28°29'27"W 252.95 FEET); THENCE N38°11'58"W 163.23 FEET; THENCE NORTHWESTERLY 79.40 FEET ALONG THE ARC OF A 500.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY (CHORD BEARS N33°39'00"W 79.32 FEET); THENCE N29°06'03"W 53.30 FEET; THENCE NORTHWESTERLY 63.99 FEET ALONG THE ARC OF A 350.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY (CHORD BEARS N23°51'48"W 63.90 FEET); THENCE S71°22'27"W 21.82 FEET; THENCE S74°25'54"W 50.56 FEET; THENCE SOUTHWESTERLY 274.18 FEET ALONG THE ARC OF A 150.00 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY (CHORD BEARS S22°04'03"W 237.57 FEET); THENCE SOUTHEASTERLY 102.07 FEET ALONG THE ARC OF A 740.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY (CHORD BEARS S34°14'53"E 101.98 FEET); THENCE S38'1 1'58"E 160.70 FEET; THENCE SOUTHEASTERLY 190.68 FEET ALONG THE ARC OF A 510.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY (CHORD BEARS S27°29'18"E 189.57 FEET); THENCE S73°13'22"W 30.00 FEET; THENCE NORTHWESTERLY 34.84 FEET ALONG THE ARC OF A 480.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY (CHORD BEARS N18°51'24"W 34.84 FEET); THENCE S69°14'02"W 120.00 FEET; THENCE N28°55'22"W 99.33 FEET; THENCE N38°08'39"W 103.46 FEET; THENCE N37°44'02"W 104.59 FEET; THENCE N30°07'41"W 134.60 FEET; THENCE N69027'55"E 120.00 FEET; THENCE NORTHERLY 81.44 FEET ALONG THE ARC OF A 180.00 FOOT RADIUS CURVE, CONCAVE EASTERLY (CHORD BEARS N7°34'23"W 80.75 FEET); THENCE N84°36'40"W 137.15 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 5.35 ACRES, SUBJECT TO EASEMENT AND RESTRICTIONS OF RECORD. RM -12: PART OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER AND PART OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 12, TOWNSHIP 79 NORTH, RANGE 7 WEST OF THE 5TH PRINCIPAL MERIDIAN, IOWA CITY, JOHNSON COUNTY, IOWA AND PART OF AUDITOR'S PARCEL NO. 2012052 AS RECORDED IN BOOK 56, PAGE 379 IN THE OFFICE OF THE JOHNSON COUNTY, IOWA RECORDER AND PART OF AUDITOR'S PARCEL NO. 2012053 AS RECORDER IN BOOK 56, PAGE 378 IN THE OFFICE OF THE JOHNSON COUNTY, IOWA RECORDER DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF LOT 4, CARDINAL POINTE WEST - PART ONE AS RECORDED IN BOOK 60, PAGE 166 IN THE OFFICE OF THE JOHNSON COUNTY, IOWA RECORDER; THENCE S16°49'51"E 101.12 FEET; THENCE S25°47'11"E 65.05 FEET; THENCE S35051'09"E 67.65 FEET; THENCE S38011'58"E 75.00 FEET; THENCE S37°42'38"E 79.04 FEET; THENCE S33°19'25"E 84.78 FEET; THENCE S27°59'01"E 84.78 FEET; THENCE S22°38'37"E 84.78 FEET; THENCE S70°01'35"W 130.00 FEET; THENCE SOUTHEASTERLY 16.22 FEET ALONG THE ARC OF A 780.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY (CHORD BEARS S19022'41"E 16.22 FEET); THENCE S71°13'03"W 30.00 FEET TO THE POINT OF BEGINNING; THENCE NORTHWESTERLY 254.17 FEET ALONG THE ARC OF A 750.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY (CHORD BEARS N28°29'27"W 252.95 FEET); THENCE N38°11'58"W 163.23 FEET; THENCE NORTHWESTERLY 79.40 FEET ALONG THE ARC OF A 500.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY (CHORD BEARS N33°39'00"W 79.32 FEET); THENCE N29006'03"W 53.30 FEET; THENCE NORTHWESTERLY 63.99 FEET ALONG THE ARC OF A 350.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY (CHORD BEARS N23°51'48"W 63.90 FEET); THENCE S71°22'27"W 21.82 FEET; THENCE S74°25'54"W 50.56 FEET; THENCE SOUTHWESTERLY 274.18 FEET ALONG THE ARC OF A 150.00 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY (CHORD BEARS S22°04'03"W 237.57 FEET); THENCE SOUTHEASTERLY 102.07 FEET ALONG THE ARC OF A 740.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY (CHORD BEARS S34'1 4'53"E 101.98 FEET); THENCE S3801 1'58"E 160.70 FEET; THENCE SOUTHEASTERLY 190.68 Ordinance No. 17-4730 Page 3 FEET ALONG THE ARC OF A 510.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY (CHORD BEARS S27029'18"E 189.57 FEET); THENCE 1\173°13'22"E 30.00 FEET; THENCE NORTHWESTERLY 16.14 FEET ALONG THE ARC OF A 540.00 FOOT RADIUS CURVE, CONCAVE WESTERLY (CHORD BEARS N17°38'00"W 16.14 FEET); THENCE NORTHEASTERLY 29.63 FEET ALONG THE ARC OF A 20.00 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY (CHORD BEARS N23°56'56"E 26.99 FEET); THENCE N66°23'16"W 151.01 FEET; THENCE SOUTHEASTERLY 32.83 FEET ALONG THE ARC OF A 20.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY (CHORD BEARS S66°35'34"E 29.26 FEET; THENCE SOUTHERLY 9.94 FEET ALONG THE ARC OF A 720.00 FOOT RADIUS CURVE. CONCAVE WESTERLY (CHORD BEARS S19°10'40"E 9.94 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 3.30 ACRES, SUBJECT TO EASEMENT AND RESTRICTIONS OF RECORD. RR -1: PART OF THE NORTHWEST QUARTER AND PART OF THE NORTHEAST QUARTER OF SECTION 12, TOWNSHIP 79 NORTH, RANGE 7 WEST OF THE 5TH PRINCIPAL MERIDIAN, IOWA CITY, JOHNSON COUNTY, IOWA AND PART OF AUDITOR'S PARCEL NO. 2012052 AS RECORDED IN BOOK 56, PAGE 379 IN THE OFFICE OF THE JOHNSON COUNTY, IOWA RECORDER AND PART OF AUDITOR'S PARCEL NO. 2012053 AS RECORDED IN BOOK 56, PAGE 378 IN THE OFFICE OF THE JOHNSON COUNTY, IOWA RECORDER DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHERLY CORNER OF LOT 13, CARDINAL POINTE WEST - PART ONE AS RECORDED IN BOOK 60, PAGE 166 IN THE OFFICE OF THE JOHNSON COUNTY, IOWA RECORDER; THENCE S84°36'40"E 137.15 FEET; THENCE SOUTHERLY 81.44 FEET ALONG THE ARC OF A 180.00 FOOT RADIUS CURVE, CONCAVE EASTERLY (CHORD BEARS S7°34'23"E 80.75 FEET); THENCE S69°27'55"W 120.00 FEET; THENCE S30°07'41"E 132.68 FEET; THENCE N90000'00"W 424.72 FEET TO THE SOUTHERLY LINE OF SAID CARDINAL POINTE WEST - PART ONE; THENCE N0000'00"E 107.13 FEET ALONG SAID SOUTHERLY LINE; THENCE N83°36'43"E 156.77 FEET ALONG SAID SOUTHERLY LINE; THENCE N5313'37E 209.13 FEET ALONG SAID SOUTHERLY LINE TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 1.68 ACRES, SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. AND PART OF THE NORTHEAST QUARTER OF SECTION 12, TOWNSHIP 79 NORTH, RANGE 7 WEST OF THE 5TH PRINCIPAL MERIDIAN, IOWA CITY, JOHNSON COUNTY, IOWA AND PART OF AUDITOR'S PARCEL NO. 2012052 AS RECORDED IN BOOK 56, PAGE 379 IN THE OFFICE OF THE JOHNSON COUNTY, IOWA RECORDER DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF LOT 4, CARDINAL POINTE WEST - PART ONE AS RECORDED IN BOOK 60, PAGE 166 IN THE OFFICE OF THE JOHNSON COUNTY, IOWA RECORDER; THENCE NO°18'19"W 55.00 FEET ALONG THE EAST LINE OF SAID CARDINAL POINTE WEST - PART ONE; THENCE N9°15'18"E 55.00 FEET ALONG SAID EAST LINE; THENCE N21010'50"E 132.95 FEET ALONG SAID EAST LINE TO THE SOUTHERLY LINE OF AUDITOR'S PARCEL 2014116 AS RECORDED IN BOOK 59, PAGE 93 IN THE OFFICE OF THE JOHNSON COUNTY, IOWA RECORDER; THENCE S64°26'20"E 461.81 FEET ALONG SAID SOUTHERLY LINE; THENCE SOUTHEASTERLY 193.61 FEET ALONG SAID SOUTHERLY LINE AND THE ARC OF A 383.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY (CHORD BEARS S78°55'14"E 191.55 FEET); THENCE N86°35'51"E 21.34 FEET ALONG SAID SOUTHERLY LINE; THENCE SOUTHEASTERLY 62.86 FEET ALONG THE WESTERLY RIGHT OF WAY OF CAMP CARDINAL BOULEVARD AND THE ARC OF A 40.00 FOOT RADIUS, CONCAVE SOUTHWESTERLY (CHORD BEARS S48°20'33"E 56.59 FEET); THENCE SOUTHERLY 171.74 FEET ALONG SAID WESTERLY RIGHT OF WAY AND THE ARC OF A 2450.00 FOOT RADIUS CURVE, CONCAVE WESTERLY (CHORD BEARS S1°06'49"E 171.70 FEET); THENCE S0053'41"W 227.14 FEET ALONG SAID WESTERLY RIGHT OF WAY TO THE SOUTH LINE OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 12; THENCE S89°04'32"W 463.31 FEET ALONG SAID SOUTH LINE; THENCE N27059'01"W 48.59 FEET; THENCE N33°19'25"W 84.78 FEET; THENCE N37°42'38"W 79.04 FEET; THENCE N38°11'58"W 75.00 FEET; THENCE N35°51'09"W 67.65 FEET; THENCE N25047'11"W 65.05 FEET; THENCE N16°49'51"W 101.12 FEET TO THE POINT OF Ordinance No. 17-4730 Page 4 BEGINNING. SAID PARCEL CONTAINS 7.71 ACRES, SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. AND: OUTLOT D, CARDINAL POINTE WEST - PART ONE, IOWA CITY, JOHNSON COUNTY, IOWA AND AS RECORDED IN BOOK 60, PAGE 166 IN THE OFFICE OF THE JOHNSON COUNTY, IOWA RECORDER. SAID PARCEL CONTAINS 9.99 ACRES, SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. SECTION II. ZONING MAP. The Building Inspector is hereby authorized and directed to change the zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval and publication of this ordinance by law. SECTION III. 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 the associated conditional zoning agreement and to record the same, at the office of the County Recorder of Johnson County, Iowa, at the owner's expense, all as provided by law. SECTION V. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION VI. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION VII. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this 21st day of November 2017• _ G , / •)� MA R: % Approved �by: CITY CLERK 1TYCLERK City Attorney's Office POf�k st,AC Ordinance No. 17_4730 Page 5 It was moved by Dickens and seconded by Mims Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: ABSTAIN: x x Botchway Cole Dickens Mims Taylor Thomas Throgmorton First Consideration 10/17/2017 Vote for passage: AYES:Cole, Dickens, Mims, Taylor,Thomas, Throgmorton, Botchway. NAYS: None. ABSENT: None. Second Consideration 11/06/2017 Vote for passage: AYES Botchway, Cole Date published 11/30/2017 Mims, Taylor, Thomas, Throgmorton, NAYS: None. ABSENT: Dickens that the Prepared by: Bob Miklo, Senior Planner, 410 E. Washington, Iowa City, IA 52240 (319) 356-5240 (REZ17-00014) Conditional Zoning Agreement This agreement is made between the City of Iowa City, Iowa, a municipal corporation (hereinafter "City") and The Crossings Development, LC (hereinafter "Owner"). Whereas, Owner is the legal title holder of approximately 28.03 acres of property located west of Camp Cardinal Boulevard and south of Kennedy Parkway; and Whereas, the Owner has requested the rezoning of said property from Interim - Development Research Park (ID -RP) zone to High Density Single -Family Residential (RS -12) zone for 5.35 acres, Low Density Multifamily (RM -12) zone for 3.3 acres and Rural Residential (RR -1) zone for 19.38 acres, and Whereas, the Planning and Zoning Commission has determined that, with appropriate conditions warranted to improve the aesthetics and livability for this cluster of higher density housing, the requested zoning is consistent with the Comprehensive Plan; and Whereas, Iowa Code §414.5 (2017) provides that the City of Iowa City may impose reasonable conditions on granting a rezoning request, over and above existing regulations, in order to satisfy public needs 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 to improve the aesthetics and livability for higher density housing; 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 Crossings Development, L.C. is the legal title holder of the property legally described as: PART OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER AND PART OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 12, TOWNSHIP 79 NORTH, RANGE 7 WEST OF THE 5TH PRINCIPAL MERIDIAN, IOWA CITY, JOHNSON COUNTY, IOWA AND PART OF AUDITOR'S PARCEL NO. 2012052 AS RECORDED IN BOOK 56, PAGE 379 IN THE OFFICE OF THE JOHNSON COUNTY, IOWA RECORDER AND PART OF AUDITOR'S PARCEL NO. 2012053 AS RECORDER IN BOOK 56, PAGE 378 IN THE OFFICE OF THE JOHNSON COUNTY, IOWA RECORDER DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHERLY CORNER OF LOT 13, CARDINAL POINTE WEST - PART ONE AS RECORDED IN BOOK 60, PAGE 166 IN THE OFFICE OF THE JOHNSON COUNTY, IOWA RECORDER; THENCE N21 °48'05"E 170.86 FEET ALONG THE SOUTHERLY LINE OF SAID CARDINAL POINTE WEST - PART ONE; THENCE N14030'51"E 68.49 FEET ALONG SAID SOUTHERLY LINE; THENCE N86042'03"E 215.79 FEET ALONG SAID SOUTHERLY LINE, THENCE SOUTHERLY ppdadm/agiVaondifional zoning agreement thecrossingdev 16.52 FEET ALONG THE ARC OF A 530.00 FOOT RADIUS CURVE, CONCAVE EASTERLY (CHORD BEARS S4°11'32"E 16.52 FEET); THENCE N84054'52"E 200.00 FEET ALONG SAID SOUTHERLY LINE TO THE SOUTHEAST CORNER OF LOT 4, SAID CARDINAL POINTE WEST - PART ONE; THENCE S16°49'51"E 101.12 FEET, THENCE S25047'1 VE 65.05 FEET; THENCE S35°51'09"E 67.65 FEET; THENCE S3801 1'58"E 75.00 FEET; THENCE S37°42'38"E 79.04 FEET; THENCE S33°19'25"E 84.78 FEET, THENCE S27059'01"E 48.60; THENCE S26°56'21"E 53.53 FEET; THENCE S21°30'05"E 86.33 FEET; THENCE S71°13'03"W 160.00 FEET, THENCE NORTHWESTERLY 254.17 FEET ALONG THE ARC OF A 750.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY (CHORD BEARS N28°29'27' W 252.95 FEET); THENCE N38°11'58"W 163.23 FEET, THENCE NORTHWESTERLY 79.40 FEET ALONG THE ARC OF A 500.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY (CHORD BEARS N33°39'00"W 79.32 FEET), THENCE N29006'03"W 53.30 FEET; THENCE NORTHWESTERLY 63.99 FEET ALONG THE ARC OF A 350.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY (CHORD BEARS N23051'48"W 63.90 FEET); THENCE S71°22'27"W 21.82 FEET; THENCE S74025'54"W 50.56 FEET; THENCE SOUTHWESTERLY 274.18 FEET ALONG THE ARC OF A 150.00 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY (CHORD BEARS S22004'03"W 237.57 FEET); THENCE SOUTHEASTERLY 102.07 FEET ALONG THE ARC OF A 740.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY (CHORD BEARS S34014'53"E 101.98 FEET); THENCE S38'1 1'58"E 160.70 FEET; THENCE SOUTHEASTERLY 190.68 FEET ALONG THE ARC OF A 510.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY (CHORD BEARS S27°29'18"E 189.57 FEET); THENCE S73013'22"W 30.00 FEET, THENCE NORTHWESTERLY 34.84 FEET ALONG THE ARC OF A 480.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY (CHORD BEARS N18051'24"W 34.84 FEET); THENCE S69n14'02"W 120.00 FEET; THENCE N28055'22"W 99.33 FEET; THENCE N38°08'39"W 103.46 FEET; THENCE N37044'02"W 104.59 FEET; THENCE N30007'41"W 134.60 FEET; THENCE N69°27'55"E 120.00 FEET; THENCE NORTHERLY 81.44 FEET ALONG THE ARC OF A 180.00 FOOT RADIUS CURVE, CONCAVE EASTERLY (CHORD BEARS N7°34'23"W 80.75 FEET); THENCE N84°36'40'vv 137.15 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 5.35 ACRES, SUBJECT TO EASEMENT AND RESTRICTIONS OF RECORD. Pm■ PART OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER AND PART OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 12, TOWNSHIP 79 NORTH, RANGE 7 WEST OF THE 5TH PRINCIPAL MERIDIAN, IOWA CITY, JOHNSON COUNTY, IOWA AND PART OF AUDITOR'S PARCEL NO. 2012052 AS RECORDED IN BOOK 56, PAGE 379 IN THE OFFICE OF THE JOHNSON COUNTY, IOWA RECORDER AND PART OF AUDITOR'S PARCEL NO. 2012053 AS RECORDER IN BOOK 56, PAGE 378 IN THE OFFICE OF THE JOHNSON COUNTY, IOWA RECORDER DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF LOT 4, CARDINAL POINTE WEST - PART ONE AS RECORDED IN BOOK 60, PAGE 166 IN THE OFFICE OF THE JOHNSON COUNTY, IOWA RECORDER; THENCE S16°49'51"E 101.12 FEET; THENCE S25°47'11"E 65.05 FEET; THENCE S35°51'09"E 67.65 FEET; THENCE S3801 1'58"E 75.00 FEET; THENCE S37°42'38"E 79.04 FEET; THENCE S33'1 9'25"E 84.78 FEET; THENCE S27°59'01"E 84.78 FEET; THENCE S22°38'37"E 84.78 FEET; THENCE S70001'35"W 130.00 FEET; THENCE SOUTHEASTERLY 16.22 FEET ALONG THE ARC OF A 780.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY (CHORD BEARS S19022'41"E 16.22 FEET); THENCE S71°13'03"W 30.00 FEET TO THE POINT OF BEGINNING; THENCE NORTHWESTERLY 254.17 FEET ALONG THE ARC OF A 750.00 ppdadmfagVconditionel zoning agreement thecrossingdev FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY (CHORD BEARS N28°29'27"W 252.95 FEET); THENCE N38'1 1'58"W 163.23 FEET; THENCE NORTHWESTERLY 79.40 FEET ALONG THE ARC OF A 500.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY (CHORD BEARS N33°39'00"W 79.32 FEET); THENCE N29006031W 53.30 FEET; THENCE NORTHWESTERLY 63.99 FEET ALONG THE ARC OF A 350.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY (CHORD BEARS N23°51'48"W 63.90 FEET); THENCE S71022'27"W 21.82 FEET; THENCE S74025'54"W 50.56 FEET; THENCE SOUTHWESTERLY 274.18 FEET ALONG THE ARC OF A 150.00 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY (CHORD BEARS S22°04'03"W 237.57 FEET); THENCE SOUTHEASTERLY 102.07 FEET ALONG THE ARC OF A 740.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY (CHORD BEARS S34°14'53"E 101.98 FEET); THENCE S38°11'58"E 160.70 FEET; THENCE SOUTHEASTERLY 190.68 FEET ALONG THE ARC OF A 510.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY (CHORD BEARS S27°2918"E 189.57 FEET); THENCE N73°13'22"E 30.00 FEET; THENCE NORTHWESTERLY 16.14 FEET ALONG THE ARC OF A 540.00 FOOT RADIUS CURVE, CONCAVE WESTERLY (CHORD BEARS N17°38'00"W 16.14 FEET); THENCE NORTHEASTERLY 29.63 FEET ALONG THE ARC OF A 20.00 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY (CHORD BEARS N23°56'56"E 26.99 FEET); THENCE N6602316"W 151.01 FEET; THENCE SOUTHEASTERLY 32.83 FEET ALONG THE ARC OF A 20.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY (CHORD BEARS S66035'34"E 29.26 FEET; THENCE SOUTHERLY 9.94 FEET ALONG THE ARC OF A 720.00 FOOT RADIUS CURVE. CONCAVE WESTERLY (CHORD BEARS S19°10'40"E 9.94 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 3.30 ACRES, SUBJECT TO EASEMENT AND RESTRICTIONS OF RECORD. AND PART OF THE NORTHWEST QUARTER AND PART OF THE NORTHEAST QUARTER OF SECTION 12, TOWNSHIP 79 NORTH, RANGE 7 WEST OF THE 5TH PRINCIPAL MERIDIAN, IOWA CITY, JOHNSON COUNTY, IOWA AND PART OF AUDITOR'S PARCEL NO. 2012052 AS RECORDED IN BOOK 56, PAGE 379 IN THE OFFICE OF THE JOHNSON COUNTY, IOWA RECORDER AND PART OF AUDITOR'S PARCEL NO. 2012053 AS RECORDED IN BOOK 56, PAGE 378 IN THE OFFICE OF THE JOHNSON COUNTY, IOWA RECORDER DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHERLY CORNER OF LOT 13, CARDINAL POINTE WEST - PART ONE AS RECORDED IN BOOK 60, PAGE 166 IN THE OFFICE OF THE JOHNSON COUNTY, IOWA RECORDER; THENCE S84°36'40"E 137.15 FEET; THENCE SOUTHERLY 81.44 FEET ALONG THE ARC OF A 180.00 FOOT RADIUS CURVE, CONCAVE EASTERLY (CHORD BEARS S7°34'23"E 80.75 FEET); THENCE S69027'55"W 120.00 FEET; THENCE S30007'41"E 132.68 FEET; THENCE N90000'00"W 424.72 FEET TO THE SOUTHERLY LINE OF SAID CARDINAL POINTE WEST - PART ONE; THENCE N0000'00"E 107.13 FEET ALONG SAID SOUTHERLY LINE; THENCE N83036'43"E 156.77 FEET ALONG SAID SOUTHERLY LINE; THENCE N53013'37"E 209.13 FEET ALONG SAID SOUTHERLY LINE TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 1.68 ACRES, SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. EM PART OF THE NORTHEAST QUARTER OF SECTION 12, TOWNSHIP 79 NORTH, RANGE 7 WEST OF THE 5TH PRINCIPAL MERIDIAN, IOWA CITY, JOHNSON COUNTY, IOWA AND PART OF AUDITOR'S PARCEL NO. 2012052 AS RECORDED IN BOOK 56, ppdadMagVconditional zoning agreement thecrotmingdev PAGE 379 IN THE OFFICE OF THE JOHNSON COUNTY, IOWA RECORDER DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF LOT 4, CARDINAL POINTE WEST - PART ONE AS RECORDED IN BOOK 60, PAGE 166 IN THE OFFICE OF THE JOHNSON COUNTY, IOWA RECORDER; THENCE NO -18'19"W 55.00 FEET ALONG THE EAST LINE OF SAID CARDINAL POINTE WEST - PART ONE; THENCE N9015'1 8"E 55.00 FEET ALONG SAID EAST LINE; THENCE N21°10'50"E 132.95 FEET ALONG SAID EAST LINE TO THE SOUTHERLY LINE OF AUDITOR'S PARCEL 2014116 AS RECORDED IN BOOK 59, PAGE 93 IN THE OFFICE OF THE JOHNSON COUNTY, IOWA RECORDER; THENCE S64026'20"E 461.81 FEET ALONG SAID SOUTHERLY LINE; THENCE SOUTHEASTERLY 193.61 FEET ALONG SAID SOUTHERLY LINE AND THE ARC OF A 383.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY (CHORD BEARS S78°55'14"E 191.55 FEET); THENCE N86°35'51"E 21.34 FEET ALONG SAID SOUTHERLY LINE; THENCE SOUTHEASTERLY 62.86 FEET ALONG THE WESTERLY RIGHT OF WAY OF CAMP CARDINAL BOULEVARD AND THE ARC OF A 40.00 FOOT RADIUS, CONCAVE SOUTHWESTERLY (CHORD BEARS S48020'33"E 56.59 FEET); THENCE SOUTHERLY 171.74 FEET ALONG SAID WESTERLY RIGHT OF WAY AND THE ARC OF A 2450.00 FOOT RADIUS CURVE, CONCAVE WESTERLY (CHORD BEARS S1°06'49"E 171.70 FEET); THENCE SO°53'41"W 227.14 FEET ALONG SAID WESTERLY RIGHT OF WAY TO THE SOUTH LINE OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 12; THENCE S89004'32"W 463.31 FEET ALONG SAID SOUTH LINE; THENCE N27°59'0V" 48.59 FEET; THENCE N33°19'25"W 84.78 FEET; THENCE N37042'38"W 79.04 FEET; THENCE N38011'58"W 75.00 FEET; THENCE N35°51'09"W 67.65 FEET; THENCE N25047'11"W 65.05 FEET; THENCE N16°49'51"W 101.12 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 7.71 ACRES, SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. AND OUTLOT D, CARDINAL POINTE WEST - PART ONE, IOWA CITY, JOHNSON COUNTY, IOWA AND AS RECORDED IN BOOK 60, PAGE 166 IN THE OFFICE OF THE JOHNSON COUNTY, IOWA RECORDER. SAID PARCEL CONTAINS 9.99 ACRES, SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. The Owner acknowledges that the City wishes to ensure conformance to the principles of the Comprehensive Plan and the Clear Creek Master Plan and Camp Cardinal Road Memorandum of Understanding. Further, the parties acknowledge that Iowa Code §414.5 (2017) provides that the City of Iowa City may impose reasonable conditions on granting a 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 hereby rezoned RM -12 will conform to all other requirements of the zoning chapter, as well as the following conditions: a. Development shall generally comply with the concept plan for the area shown as "Lot 32" on the Rezoning, Preliminary Plat and Sensitive Areas Site Plan, Cardinal Pointe West -Part 2 (attached), including townhouse -style multi -family dwellings with vehicular access to garages from a rear lane that is a maximum of 18 feet wide with green space and landscaping between the rear driveways to reduce impervious surface and improve stormwater drainage. ppdadmlagY.ntli0onal zoning agreement �hecrossingtlev b. Prior to approval of any site plan, Owner shall obtain Staff approval of a landscaping plan for the area along the rear private drive and for screening the rear garages from public view along Dubs Drive. c. Development shall include a usable outdoor space with features such as an outdoor dining area and lawn for informal recreational use. 4. The Owner and City acknowledge that the conditions contained herein are reasonable conditions to impose on the land under Iowa Code §414.5 (2017), 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. 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 reaulations. 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 21st day of November 201.7. City of Iowa City JarKes A. Throgmorton, M yor Attest " K611lie Fruphling, Pity Clerk 734 Approved by- City Attorney's Office /o/ / 2Z/17 pptlatlmlagticondilional zoning agreement thecrossingdev The Cros gs Development, L.¢. M CORPO E SEA t City Of Iowa City Acknowledgement: STATE OF IOWA ) ) ss: JOHNSON COUNTY ) This instrument was acknowledged before me on s} 9 � � 0)1�bPi' 20J by Jim Throgmorton and Kellie Fruehling, Mayor and City Clerk, respectively, of the City of Iowa City. Notary Public in and for thii of Iowa (Stamp or Seal) oA CHRISTINE OLNEY Z Commission Number W= M *;g * M Co anis ' n E�iras Title (and Rank) owA 5 Admin ser, The Crossings Development, LC Acknowledgment: State of County of,z&"oyj This record was acknowledged before me on Ck�'a)w Y: �i(Date) by Tay r4 Lard i IOJ (Name(s) of individual(s) as -Wa0a4=L (type of authority, such as officer or trustee) of Tit tea' tQ tm,wcQwKk LC- (name of party on behalf of whom record was executedl I" avid Notary Public in and for the State of Iowa (Stamp or Seal) W5W Title (and Rank) My commission expires: `ipzo ppdad MagVconditional zoning agreement thecrossingdev m.\m xmn®e\mngn qr.. -a y aq Ij all E� E EpEeE;EE6 Es a glEEE;E E E E 6 Ery?tEEEE§� E �E E�usE �al�leEr !� 6 @ 0 !.� 9Es E t, IEe #4vx ff e s lE,tE.p@.@,�a II { fEElB es a !€ pp a' fRp ! i Eaale! E h! eiE a o o Fd as 1!€ae pix9M !! jY Ct•$E ! 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