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HomeMy WebLinkAboutJohnson County Recorder 2018Page 1 1 Res 18-1, accepting the dedication of Outlot P Lindemann Subdivision, Part Four A 01/05/18 As public open space. 2 Iowa City Board of Adjustment Decision of December 13, 2017 (1) EXC17-00009, 01/10/18 Approval for a reduction in the front principal building setback for property located In the Low Density Single -Family (RS -5) zone at 2205 D Street subject to conditions. (2) EXC 17-00010, Approval for the expansion of a General Community Service Use in the Intensive Commercial (CI -1) zone at 1121 Gilbert Court, subject to conditions. 3 Res 18-8, approving the final plat of Pleiades Second Addition, Iowa City, Iowa. 01/23/18 4 Res 17-142, approving the extraterritorial preliminary and final plat of Westcott Second 01/26/18 Addition, Johnson County, Iowa. 5 Res 17-171, approving the extraterritorial preliminary and final plat of Little Ash 01/26/18 Subdivision, Johnson County, Iowa. 6 Iowa City Board of Adjustment Decision of January 10, 2018 (1) EXC17-00008, 02/06/18 Approval to allow an expansion of the existing drive-through facility in the Community Commercial (CC -2) zone, at 804 South Riverside Drive, subject to conditions. 7 Res 17-364, approving final plat of Brookwood Pointe Fifth Addition, Iowa City, Iowa. 02/12/18 8 Res 18-32, authorizing an amendment to the subdivider's agreement for Larson subdivision. 02/12/18 9 Ord 184737, conditionally rezoning approximately .48 acres of property from Intensive 02/12/18 Commercial (CI -1) to Riverfront Crossings — Central Crossings Subdistrict (RFC -CX) zone Located at 703, 705, and 709 S Dubuque Street. 10 Ord 184738, rezoning approximately 3.6 acres of property from Neighborhood Public (Pl) 02/26/18 To Planned Development Overlay Neighborhood Public (OPD/Pl) zone located at 300 Teeters Court. 11 Res 18-20, approving final plat of West Side Estates, Phase One, Iowa City, Iowa. 03/08/18 12 Res 18-36, voluntary annexation of approximately 8.62 acres of property located at 4643 02/12/18 Herbert Hoover Highway. 13 Res 18-36, omission of letter from Secretary of State. 03/07/18 14 Ord 18-4741, rezoning approximately 8.62 acres of property from County Commercial (C) 03/09/18 And County Multifamily Residential (RMF) to Interim Development Multi -family Residential (ID -RM) zone for 5.86 acres and Interim Development Single Family (ID -RS) for 2.76 acres Located at 4643 Herbert Hoover Highway SE. 15 Ord 18-4740, rezoning approximately 53.29 acres of property from High Density Single Family 03/09/18 Residential (RS -12) to Planned Development Overlay — High Density Single Family Residential (OPD/RS-12) zone for 50.11 acres and Commercial Office (CO -1) zone for 3.18 acres located South of I-80 between Dubuque Street and Prairie Du Chien Road. Page 2 Page # _Date 16 Iowa City Board of Adjustment Decision of February 14, 2018 (1) EXC18-00001, 03/15/18 Approval to allow a drive-through facility for an eating establishment in the Community Commercial (CC -2) zone, at 51 South Riverside Drive, subject to conditions. (2) EXC 18-00002, approval for a reduction in the principal building setbacks from 10 feet to 1' 10" for the front (west), and from 5 feet to 3 feet for the side (north) for property located In the Community Commercial (CC -2) zone at 408 Gilbert Street subject to conditions. 17 Res 17-364, Brookwood Point, Fifth Addition, additional subdivision documents. 03/26/18 18 Ord 1813742, conditionally rezoning approximately 0.5 acres of property located at 03/26/18 1010 S. First Avenue from Low Density Single -Family Residential (RS -5) to Community Commercial (CC -2), 1022 S. First Avenue from Low Density Single -Family Residential (RS -5) to Commercial Office (CO -1), and a portion of 1025 Wade Street from Commercial Office (CO -1) to Community Commercial (CC -2). 19 Res 1847, approving final plat of Focus First Addition, Iowa City, Iowa. 04/03/18 20 Ord 184743, approving an OPD -5 and OPD -8 Sensitive Areas Development Plan for 04/18/18 Outlot H, Lindemann Subdivision, Part 2A, located South of Lower West Branch Road and North of Anna Street. 21 Res 18-87, approving final plat of Cardinal Pointe West Part 2, Iowa City, Iowa. 04/18/18 22 Res 18-126, approving the preliminary and final plat of Iowa City Industrial Campus. 05/17/18 23 Ord 1813751, conditionally rezoning approximately 1.1 acres of property located at 225 05/21/18 And 225-1/2 Prentiss Street, from Intensive Commercial (CI -1) to Riverfront Crossings - Central Crossings (RFC -CX). 24 Ord 18-4752, conditionally rezoning approximately 0.62 acres of land from Community 05/21/18 Commercial (CC -2) zone to Riverfront Crossings — West Riverfront (RFC -WR) zone For property located at 513 S. Riverside Drive. 25 Res 18-70, authorizing Amendment No. 1 to the Subdivider's Agreement for Peninsula 06/01/18 Neighborhood, Fourth Addition. 26 Res 18-173, accepting the Dedication of Outlot B, Cardinal Pointe South, Part One, 06/01/18 Iowa City, Johnson County, Iowa, as Public Open Space. 27 Warranty Deed, Outlot B, Cardinal Pointe South, Part One. 06/01/18 28 Res 18-169, approving final plat of Forest Hill Estates, Iowa City, Iowa. 06/12/18 29 Ord 1814759, conditionally rezoning approximately 7.84 acres from Interim Development 06/12/18 Research Development Park (ID -RP) zone to Planned Development Overlay/Low Density Multifamily (OPD/RM-12) zone located west of Camp Cardinal Boulevard and east of Deer Creek Road. Page 3 Page # _Date 30 Iowa City Board of Adjustment Decision of May 9, 2018 (1) EXC18-00003, approval of 06/14/18 Special exception allowing a Quick Vehicle Service Use in the Towncrest Design District, Subject to conditions. (2) EXC18-00004, approval of a special exception to reduce the Rear setback requirement for the principal structure from 20 feet to 13 feet, subject to conditions. (3) EXC18-00005, approval of a special exception to allow for height increase of up to 24 feet for the existing building located at 424 Highway 1 W, subject to conditions. 31 Res 18-168, approving a 28E agreement between the City of Iowa City and the City of 06/19/18 University Heights regarding an optical fiber along Melrose Avenue. 32 Ord 184760, ordinance conditionally rezoning approximately 1.89 acres from Planned 07/06/18 Development Overlay/High Density Single Family (OPD/RS-12) zone to Low Density Multifamily (RM -12) zone for the property located at 1705 Prairie Du Chien Road. 33 Iowa City Board of Adjustment Decision of August 8, 2018 (1) EXC 18-00006, approval 08/27/18 Of an application for a General Community Service Use in the Intensive Commercial (CI -1) Zone at 536 Southgate Avenue, subject to conditions. (2)EXC18-00007, approval of a Special exception to allow 2,900 square feet of retail use in the MU zone at 117 N Van Buren St and a 60% reduction in required vehicle parking, subject to conditions. 34 Res 18-237, changing the name of Tumbleweed Terrace located in Country Club Estates, 08/27/18 Phase One, to Luke Drive. 35 Ord 1811763, ordinance conditionally rezoning approximately 8.02 acres of property located 08/27/18 at the southwest comer of Lower West Branch Road and Taft Avenue, from Interim Development Single -Family Residential (ID -RS) zone to Medium Density Single -Family (RS -8) zone and Low Density Multi -Family (RM -12) zone. 36 Res 18-199, approving final plat of Lindemann Subdivision — Part Eight, Iowa City, Iowa. 09/10/18 37 Ord 184765, ordinance conditionally rezoning approximately 3.41 acres from High Density Multifamily Residential (RM -44) zone to Riverfront Crossings — South Downtown Subdistrict (RFC -SD) zone located at 12 E Court Street. 38 Res 18-215, approving an agreement for Private Development by and among the City, Foster Road Developers, LLC, Vintage Cooperative of Iowa City, and Ewing Land Development & Services, LLC for Foster Road and the Vintage Cooperative Senior Living. 39 Certificate of Compliance, Condominium Conversion — 2401 Highway 6 East, Iowa City. 40 Res 18-268, approving final plat of Towncrest Subdivision — Part One, Iowa City, Iowa. 41 Res 18-294, approving final plat of Churchill Meadows Subdivision — Part Five, Iowa City. 42 Ord 18-4772, conditionally rezoning approximately 5.82 acres of property located at 1914 S. Gilbert Street, 1805 Waterfront Drive, 260, 306, &346 Southgate Avenue, from Intensive Commercial (CI -1) to Neighborhood Public (P-1). 43 Ord 18-4773, conditionally rezoning approximately 5.49 acres of property located at 4643 Herbert Hoover Highway, from Interim Development Multi -Family Residential (ID -RM) To Medium Density Multi -Family Residential (RM -20) and Low Density Multi -Family Residential (RM -12). 09/10/18 07/24/18 09/20/18 09/20/18 11/19/18 12/07/18 12/07/18 Page 4 Page # Date 44 Res 18-285, changing the name of Barber's Place, located in The Peninsula Neighborhood 10/23/18 Phase 2A, to Barber Place. Doc ID: 0269a5280005 Type: GEN Kind: RESOLUTION Recorded: 01/05/2018 at 01:47:11 PM Fee Amt: $27.00 Pape 1 of 5 Johnson County Iowa Kim Painter County Recorder BK5745 PG409-413 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. 18-1 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 2nd day of January 2018, all as the same appears of record in my office. Dated at Iowa City, Iowa, this � day of January 2018. + ' Ke 'e K. Fruehling City Clerk y� a fires ' azo,,, .>• CO 0M RAI 410 EAST WASHINGTON STREET • IOWA CITY, IOWA 52240-1826 9 (319) 356-5000 9 FAX (319) 356-5009 Sd(I) Prepared by: Sara Greenwood Hektoen, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240, 356-5030 Resolution No. 18-1 Resolution accepting the dedication of Outlot P Lindemann Subdivision, Part Four A 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 Four A, recorded at Book 5102, Page 207, 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 If agreed to dedicate Outlot P to the City for public open space, and the City agreed to accept the dedication of said outlot 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 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 the above -referenced outlot 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 2nd day of Januar 018. ATTES CRY CLERK fORPORNiESEAL Approved by City Attorney's Office,2 41f7 Resolution No. 18-1 Page 2 It was moved by Botchway and seconded by Taylor the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Botchway Cole Mims Salih Taylor Thomas Throgmorton P S�TFa WARRANTY DEED (CORPORATE/BUSINESS ENTITY GRANTOR) THE IOWA STATE BAR ASSOCIATION Official Fmm No. 335 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: Grantees: Walden Wood Associates H LLC City of Iowa City, Iowa Legal description: Document or instrument number of previously recorded documents: e The Iowa stet¢ Bu Mwciadon 201 IDR'ADOCS® aP 5'c+'iF. WARRANTY DEED >s r (CORPORATE/BUSINESS ENTITY GRANTOR) s�CiKno For the consideration of One Dollar(s) and other valuable consideration, Walden Wood Associates II LLC a(� limited liabili company organized and existing under the laws of Iowa does hereby Convey to City of Iowa City Iowa a municipal corporation the following described real estate in Johnson County, Iowa: Outlot P, Lindemann Subdivision - Part Four A, -aResubdivision of Lots 127 to 134, inclusive, Outlot "M" and Outlot "N" of Lindemann Subdivision - Part Four, Iowa City, Iowa, located in the Southwest Quarter of Section 7, Township 79 North, Range 5 West of the Fifth Principal Meridian, Iowa City, Iowa, Johnson County, Iowa, in accordance with the Final Plat recorded in Book 57, Page 277 of the records of the Johnson County Recorder's Office. This deed is exempt from transfer tax according to Section 428A.2(6) of the Code of Iowa. 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, accordip$ to the context. Dated on December / r 2017 0 M a(;r) limited liability company STATE OF IOWA . COUNTY OF JOHNSON This record was acknowledged before me on December (2_ 2017 by Jerry Waddilove as of dA RI COONS :° CommlslonNumbar76WU —3l/MI n10 ""I IawaDocs® Signature ofNoiary Form No. 335, Warranty Deed 2016 MEMBERS ABSENT: None. Doc ID: 026938710004 Type: GEN STAFF PRESENT: Sue Dulek, Sarah Walz, Sylvia Bochner (Planning Intern) Kind: DECISION Recorded: 01/10/2018 at 02:18:40 F Fee Amt: $22.00 Page 1 of 4 OTHERS PRESENT: Donovan Trana, Becci Reedus Johnson countv Iowa Kim Painter County Recorder SPECIAL EXCEPTION ITEMS: BK5746 PG962-965 1. EXC17-00009 —public hearing regarding a special exception to reduce the principal building setback for property located in the Low Density Single -Family (RS -5) zone at 2205 D Street. The Board concludes that the situation is peculiar to the property and there is practical difficulty complying with the setback requirements based on the following findings: • The subject property is on a corner lot and is required to provide front principal building setbacks along both D Street and 2nd Avenue. • The subject property is a relatively small lot, approximately 6,000 square feet. The minimum lot size for a single-family lot in the RS -5 zone is 8,000 square feet unless a rear alley is provided. • Compliance with the setback requirements would reduce the amount of usable open space on the property, which is a small lot. Because the setback reduction is for paving and not a structure, the Board concludes that granting the special exception will not be contrary to the purpose of the building setback regulations. The Board concludes that the request is not contrary to the intent of the standard restricting the non -required parking in the front yard and any negative effects resulting from the setback exception are mitigated to the extent possible, based on the following findings: • The applicant is proposing a 12 -foot wide driveway with a parking space 20'8" in length. The space provided is enough to park a single car. • Allowing a setback reduction for a single parking space would not significantly alter the character of the street or neighborhood or the streetscape as many properties provide vehicle access from the street rather than a rear alley. • The zoning code prohibits the storage of special vehicles (any vehicle longer than 20') within the front setback in Single -Family zones. This includes RVs, boats, trailers, commercial vehicles, etc. A condition should be that the setback reduction applies only to the storage of personal motor vehicles and that the parking of special vehicles or any vehicle longer than 20 feet is considered a violation of the special exception. Including this condition will assist with enforcement if there is ever an issue with parking or storing items other than cars on the parking pad. • The driveway is proposed to flare to 18 feet at the curb line. r%/ N O Prepared by Sarah Walz, Associate Planner, 410 E. Washington, Iowa City, IA 52240; 3191356-5230 V , DECISION IOWA CITY BOARD OF ADJUSTMENT r cn �-- WEDNESDAY, DECEMBER 13, 2017 —an 'tet i EMMA J. HARVAT HALL MEMBERS PRESENT: Becky Soglin, T. Gene Chrischilles, Tim Weitzel, Corioe GoX_ Bryce Parker MEMBERS ABSENT: None. Doc ID: 026938710004 Type: GEN STAFF PRESENT: Sue Dulek, Sarah Walz, Sylvia Bochner (Planning Intern) Kind: DECISION Recorded: 01/10/2018 at 02:18:40 F Fee Amt: $22.00 Page 1 of 4 OTHERS PRESENT: Donovan Trana, Becci Reedus Johnson countv Iowa Kim Painter County Recorder SPECIAL EXCEPTION ITEMS: BK5746 PG962-965 1. EXC17-00009 —public hearing regarding a special exception to reduce the principal building setback for property located in the Low Density Single -Family (RS -5) zone at 2205 D Street. The Board concludes that the situation is peculiar to the property and there is practical difficulty complying with the setback requirements based on the following findings: • The subject property is on a corner lot and is required to provide front principal building setbacks along both D Street and 2nd Avenue. • The subject property is a relatively small lot, approximately 6,000 square feet. The minimum lot size for a single-family lot in the RS -5 zone is 8,000 square feet unless a rear alley is provided. • Compliance with the setback requirements would reduce the amount of usable open space on the property, which is a small lot. Because the setback reduction is for paving and not a structure, the Board concludes that granting the special exception will not be contrary to the purpose of the building setback regulations. The Board concludes that the request is not contrary to the intent of the standard restricting the non -required parking in the front yard and any negative effects resulting from the setback exception are mitigated to the extent possible, based on the following findings: • The applicant is proposing a 12 -foot wide driveway with a parking space 20'8" in length. The space provided is enough to park a single car. • Allowing a setback reduction for a single parking space would not significantly alter the character of the street or neighborhood or the streetscape as many properties provide vehicle access from the street rather than a rear alley. • The zoning code prohibits the storage of special vehicles (any vehicle longer than 20') within the front setback in Single -Family zones. This includes RVs, boats, trailers, commercial vehicles, etc. A condition should be that the setback reduction applies only to the storage of personal motor vehicles and that the parking of special vehicles or any vehicle longer than 20 feet is considered a violation of the special exception. Including this condition will assist with enforcement if there is ever an issue with parking or storing items other than cars on the parking pad. • The driveway is proposed to flare to 18 feet at the curb line. r%/ 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 following findings: • A reduction of front setback to allow for additional parking would not interfere with visibility along 2nd Avenue. • The driveway location is set back more than the required 50 feet from the intersection and more than 90 feet from the nearest driveway to the south. The driveway location will be verified by the City Engineer when the applicant applies for a cut permit. • The surrounding neighborhood is already fully developed, so this special exception would not impede future development. The Board concludes that adequate utilities, access roads, drainage and/or necessary facilities have been or are being provided based on the following findings: • All necessary utilities and facilities are already provided for this property and the surrounding neighborhood. • Adequate space is provided within the right of way to allow future establishment of a public sidewalk. • The east side of 2"d Avenue currently does not have sidewalks. However, the construction of additional parking does not reduce the opportunity to construct a sidewalk here in the future. The Board concludes that adequate measures have been or will be taken to provide ingress or egress designed so as to minimize traffic congestion on public streets based on the following finding: • No new structure is proposed, so visibility will not be impacted. The proposed change to the property will not generate additional traffic along the street. The Board concludes that the Comprehensive Plan emphasizes pedestrian friendly streets and due to the narrowness (12' in width) of the driveway, parking more than one vehicle should be discouraged. Disposition: By a vote of 5-0 the Board approves an application for a reduction in the front principal building setback for property located in the Low Density Single -Family (RS -5) zone at 2205 D Street subject to the flowing conditions: • The reduction in the setback is for the purpose of installing a driveway and -parking pad only. • Substantial compliance with the site plan provided, with the parking area extending 20'8" from the front property line on 2nd Avenue. • This parking area shall be limited to the storage of personal vehicles only—no storage of recreational vehicles or other items within this area is allowed. _ 0 -': oa c� m 71 IV 2. EXC17-00010 — Public hearing regarding an application submitted by the Crisis Center of Johnson County for a special exception to allow expansion of a Community Service use in the Intensive Commercial (CI -1) zone at 1121 Gilbert Court. The Board concludes that the proposed use will not significantly alter the overall character of the zone and will not inhibit future development of uses for which the zone is primarily intended based on the following findings: • The surrounding CI -1 zone is home to a mix of consignment stores, vehicle and other repair uses, offices, and general community service uses. • The Crisis Center and the adjacent 1105 Project properties operate together and accommodate 79 parking spaces. The minimum off-street parking requirement for the two buildings, based on square footage and use, is 49 spaces. • The neighborhood is served by three transit lines: Lakeside and Broadway stops are located approximately one to two blocks away at South Gilbert Street and Kirkwood Avenue intersection; the Mall route has a stop two blocks to the east, near Kirkwood Avenue and Diana Street intersection. 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 additional findings: • Sidewalks are in place along Gilbert Court and Kirkwood Avenue . • The addition of the vestibule allows for the more efficient use of the property and will not alter use or access to the site. • With the previous special exception for the 1105 Project (dated May 13, 2013 and recorded May 15, 2013 in Book 5092, Page 353 in the office of the Johnson County Recorder), the applicant was required to bring the property into compliance with parking area standards to improve pedestrian access, layout of parking stalls and vehicle circulation, including the consolidation curb cuts along Gilbert Court. The Board concludes that all necessary utilities and facilities are already in place for this property and the neighborhood. The Board concludes that adequate measures have been or will be taken to provide ingress or egress designed so as to minimize traffic congestion on public streets based on the following finding: At the time that the 1105 Project was constructed the applicant consolidated curb cuts and improved circulation and parking for the two properties. Circulation drives located behind 1121 and 1105 Gilbert Court connect the various parking areas associated with the two properties. Based on the findings above, 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. M 4 C7 G-. p M The Board concludes that the proposed use will be consistent with the Comprehensive Plan, as amended: the Comprehensive Plan supports the provision of such services in areas with pedestrian and bus access. Disposition: By a vote of 5-0 the Board approves EXC17-00010 an application for the expansion of a General Community Service Use in the Intensive Commercial (CI -1) zone at 1121 Gilbert Court, subject to the following conditions: • Substantial compliance with the submitted site plan. • Dumpster should be screened from view of the street by solid or semi-solid fence enclosure. TIME LIMITATIONS: All orders of the Board, which do not set a specific time limitation or. 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 improvergant authorized under the terms of the Board's decision. City Code Section 14-8C-1 E,_ ity ofAwa j City, Iowa. _'• c� Approved by: Becky Scrifflin, Chairperson City Attorney's Office 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 13 thday of December, 2017, as the same appears of record in my Office. sq -h -da of ��rl�� 20 i IS Dated at Iowa City, this YQJ •. o � o F Kellie K. Fruehling, C t Clerk �y.+,il' �1M.� _. CORP ORALES ftl Illllllllllillllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllll Doc ID: 026946860015 Type: GEN Kind: SUBDIVISION Recorded: 01/23/2018 at 09:32:07 AM Fee Amt: $77.00 Page 1 of 15 Johnson County Iowa Kim Painter County Recorder rill p BK5750 PG213-227 Rum' City of %A C�+� 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.18-8 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 2nd day of January 2018, all as the 410 EAST WASHINGTON STREET 9 IOWA CITY, IOWA 52240-1826 9 (319) 356-5000 • FAX (319) 356-5009 same appears of record in my office. -day Dated at Iowa City, Iowa, this 23rd of January 2018. r • " N Kellie C. Fruehling ° IVY •"i���•' �.°,� '��i�s:-<,; City Clerk • _' \res •• ° _1 o �s5. CORMINI h � 410 EAST WASHINGTON STREET 9 IOWA CITY, IOWA 52240-1826 9 (319) 356-5000 • FAX (319) 356-5009 Prepared by: Sylvia Bochner, Planning Intern, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5240 (SUB17-00006) Resolution No. 18-8 Resolution Approving Final Plat Of Pleiades Second Addition, Iowa City, Iowa. Whereas, the owner, North Dodge Medical Holdings LLC, filed with the City Clerk the final plat of Pleiades Second Addition, Iowa City, Iowa, Johnson County, Iowa; and Whereas, said subdivision is located on the following -described real estate in Iowa City, Johnson County, Iowa, to wit: Outlot A, Pleiades First Addition, according to the plat thereof recorded in Book 59, Page 245 in the records of the Johnson County, Iowa Recorder. 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 easements as provided by law. 3. The Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed, upon approval by the City Attorney, to execute all legal documents relating to said subdivision, and to certify a copy of this resolution, which shall be affixed to the final plat after passage and approval by law. The City Clerk shall record the legal documents and the plat at the office of the County Recorder of Johnson County, Iowa at the expense of the owner/subdivider. Resolution No. 18_8 Page 2 Passed and approved this 2nd day of January 2018. M46r Atte iiy Clerk `� It was moved by sotchway and adopted, and upon roll call there were: Ayes: Approved by �3 City Attorney's Office 2/7-94 7 seconded by Taylor the Resolution be Nays: Absent: _ Botchway _ Cole MIMS SALIH _ Taylor Thomas _ Throgmorton pcdtlempletes/Plelades 2nd Final Plat- Resolution.doc.doc Z) Prepared by: Joseph C. Judge. Lane & Waterman LLP, 220 N. Main St., #600. Davenport, TA 52801 (563)324-3246 SUBDIVIDER'S AGREEMENT PLEIADES SECOND ADDITION THIS SUBDIVIDER'S AGREEMENT (this "Agreement") made by and between NORTH DODGE MEDICAL HOLDINGS, LLC, an Iowa limited liability company, hereinafter referred to as "Subdivider", and the CITY OF IOWA CITY, IOWA, a municipal corporation, hereinafter referred to as the "City". WITNESSETH IT IS, THEREFORE, HEREBY AGREED AS FOLLOWS: Section 1. Neighborhood Open Space. Subdivider acknowledges that, because Pleiades Second Addition is a resubdivision of Outlot A, Pleiades First Addition, the subdivision is subject to the Neighborhood Open Space Ordinance provision of the Subdivider's Agreement for Pleiades First Addition dated May 22, 2015 and recorded with the platting proceedings for Pleiades First Addition on July 1, 2015 in Book 5390 at page 115 in the office of the Recorder for Johnson County, Iowa ("First Addition Subdivider's Agreement"), which required the dedication of 2,621 square feet of property in said Pleiades First Addition, or, in lieu thereof, payment of a fee of $15,378. This amount shall be paid prior to the issuance of the first building permit for the lot in the subdivision. This obligation shall bind the successors and assigns hereto, and shall apply and run with the land. Section 2. Miscellaneous. (a) The lot in the subdivision contains a "Limits of Construction" area. Beyond this area the lot contains woodlands and regulated slopes and shall not be built upon, paved, regraded, disturbed, or cleared of trees, except as allowed by Iowa City Code of Ordinances Article 14-5I Sensitive Lands and Features. Any construction on the lot in the subdivision shall not encroach upon construction limits shown on the subdivision plat. (b) All electrical, telephone and cable television service and distribution lines shall be installed underground. a (c) Subdivider acknowledges that the subdivision is subject to the water main extension fee provision of the Pleiades First Addition Subdivider's Agreement referenced above, which required the Subdivider pay to the City a water main extension fee in the amount of $2,967.25 ($425 per acre for 7.15 acres), and that payment of that fee, is required prior to issuance of any building permit for the lot in the subdivision. (d) Plat notes and surveyor's notes on plats serve to provide notice of how a subdivision is expected to develop. Said notes are not intended to create any vested private interest in any stated use restriction or covenant, or create any third party beneficiaries to any noted use restriction or covenant. The City reserves the right, in its sole discretion, subject to any applicable public notice and approval process required by law, to alter or amend any plat note, or to sell or vacate any right-of-way, street, alley, park, easement, open area or other land set apart and dedicated for public use within the plat. The City further reserves the right, upon request of the owner or successor in interest, to vacate the plat and/or relocate any easement, alter lot boundaries or allow said land to be replatted subject to any applicable public notice and approval process required by law. Section 3. Binding Effect. This Agreement shall inure to the benefit and bind the successors and assigns of the respective parties hereto and shall be construed as a covenant running with the title to the lots within the subdivision. [SIGNATURE PAGE FOLLOWS] a IN WITNESS WHEREOF, the parties have executed this Subdivider's Agreement on the 2"d day of January, 2018. NORTH DODGE MEDICAL HOLDINGS, LLC By: Kevin P. Koe ner, Manager STATE OF IOWA ) ss: COUNTY OF SCOTT ) This instrument was acknowledged before me on this 2nd day of January, 2018 by Kevin P. Koellner as Manager of North Dodge Medical Holdings, LLC, an Iowa limited liability company. STEPHANIE STONE o Q O Z COMMISSION NUMBER My COMMISSION EXPIRES 10JVP 10/06119 1 Notary Publi in and for said State [signatures continue on following pages] �J CITY OF IOWA CITY, IOWA By; ' �- Z4�� JA Throgmorton, Ma or ATTEST: By. z�G 2 Kellie Freehling,itityClerk STATE OF IOWA ) ) ss: COUNTY OF JOHNSON ) On this 2 L day of January, 2018, before me, the undersigned, a Notary Public in and for said County and State, personally appeared Jim Throgmorton and Kellie Fruehling, to me personally known, who being by me duly swom, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa, a municipal corporation; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and the instrument was signed and sealed on behalf of the corporation by authority of its City Council, and the said Mayor and City Clerk did acknowledge the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. V&Ajk 10 g12b [N` Notary Publi in and for said Co my and State El io Prepared by: Joseph C. Judge, Lane & Waterman LLP, 220 N. Main St., #600, Davenport, IA 52801 (563)324-3246 OWNER'S CERTIFICATE PLEIADES SECOND ADDITION KNOW ALL MEN BY THESE PRESENTS: North Dodge Medical Holdings, LLC, an Iowa limited liability company ("Subdivider"), does hereby certify and state that it is the owner and proprietor of the following described real estate situation in Johnson County, Iowa, to -wit: OUTLOT A OF PLEIADES FIRST ADDITION BEING A PORTION OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER AND A PORTION OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER ALL OF SECTION 2, TOWNSHIP 79 NORTH, RANGE 6 WEST, OF THE FIFTH PRINCIPAL MERIDIAN, IOWA CITY, JOHNSON COUNTY, IOWA. Subdivider does further state that the subdivision of said real estate as it appears on the Final Plat of Pleiades Second Addition to which this certification and dedication is attached, is with its free consent and in accordance with the desire of said proprietor. [signature page follows] ,b IN WITNESS WHEREOF, the proprietor has caused these presents to be signed on this 2"d day of January, 2018. NORTH DODGE MEDICAL HOLDINGS, LLC By: Kevin P. Koellner, Manager STATE OF IOWA ) ss: COUNTY OF SCOTT ) This instrument was acknowledged before me on this 2"d day of January, 2018 by Kevin P. Koellner as Manager of North Dodge Medical Holdings, LLC, an Iowa limited liability company. =TEPE Z 97 Notary Pubjic in and for said Stat�Sf 2 3 CERTIFICATE OF COUNTY AUDITOR PLEIADES SECOND ADDITION IOWA CITY, IOWA I, Travis Weipert, the Johnson County Auditor, hereby approve of "Pleiades Second Addition" as a succinct and unique name for the subdivision containing the following described real estate located in Johnson County, Iowa: OUTLOT A OF PLEIADES FIRST ADDITION BEING A PORTION OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER AND A PORTION OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER ALL OF SECTION 2, TOWNSHIP 79 NORTH, RANGE 6 WEST, OF THE FIFTH PRINCIPAL MERIDIAN, IOWA CITY, JOHNSON COUNTY, IOWA. Date: December 9 D, 2017 Travi eipert Johnson County Auditor CERTIFICATE OF COUNTY TREASURER PLEIADES SECOND ADDITION IOWA CITY, IOWA I, the undersigned, Treasurer of Johnson County, Iowa or deputy thereof, hereby certify that the following described property, also known as Pleiades Second Addition, is free from taxes or special assessments in the office of the Treasurer of Johnson County, Iowa: OUTLOT A OF PLEIADES FIRST ADDITION BEING A PORTION OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER AND A PORTION OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER ALL OF SECTION 2, TOWNSHIP 79 NORTH, RANGE 6 WEST, OF THE FIFTH PRINCIPAL MERIDIAN, IOWA CITY, JOHNSON COUNTY, IOWA. 11 Dated at Iowa City, Iowa this 35 day of December, 2017. ::�d� 4 _/Z - Thomas Kriz, Treasurer of Johnson County, Iowa Parcel Number: 1002286001 S Prepared by: Joseph C. Judge, Lane & Waterman LLP, 220 N. Main St., #600, Davenport, IA 52801 (563)324-3246 OPINION OF ATTORNEY PLEIADES SECOND ADDITION I, Joseph C. Judge, a regular practicing attorney in the State of Iowa, do hereby certify that I have examined an Abstract of Title to the following described real estate: OUTLOT A OF PLEIADES FIRST ADDITION BEING A PORTION OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER AND A PORTION OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER ALL OF SECTION 2, TOWNSHIP 79 NORTH, RANGE 6 WEST, OF THE FIFTH PRINCIPAL MERIDIAN, IOWA CITY, JOHNSON COUNTY, IOWA. It is hereby certified that fee simple title to said property to become known as Pleiades Second Addition is in North Dodge Medical Holdings, LLC, an Iowa limited liability company, free and clear of all liens and encumbrances except for property taxes not yet due and payable and the following liens: 1. UCC Financing Statement from North Dodge Medical Holdings, LLC in favor of UICCU Financial, LLC recorded on September 4, 2015 in Book 5420 at page 325, as modified by UCC Financing Statement recorded on September 2, 2016 in Book 5558 at page 407 in the office of the Recorder for Johnson County, Iowa; 2. Construction Mortgage executed by North Dodge Medical Holdings, LLC in favor of UICCU Financial, LLC dated September 4, 2015 and recorded on September 8, 2015 in Book 5421 at page 164, as modified by Modification of Construction Mortgage dated August 31, 2016 and recorded on September 2, 2016 in Book 5558 at page 397 in the office of the Recorder for Johnson County, Iowa; and 3. Assignment of Rents executed by North Dodge Medical Holdings, LLC in favor of UICCU Financial, LLC dated September 4, 2015 and recorded on September 8, 2015 in Book 5421 at page 175, as modified by Modification of Assignment of Rents dated August 31, 2016 and recorded on September 2, 2016 in Book 5558 at page 402 in the office of the Recorder for Johnson County, Iowa. rb Dated at Davenport, Iowa, this 28th day of December, 2017. STATE OF IOWA ss: COUNTY OF SCOTT On this 28`h day of December, 2017, before me, the undersigned, a Notary Public in and for said State, personally appeared Joseph C. Judge, to me known to be the identical person named in and who executed the foregoing instrument, and acknowledged that he executed the same as his voluntary act and deed. K GI CHAPMAN ission Number 749728 Commission Expires ovember 2, 2019 (Notarial Seal) Notary Publi in and for said County and State 2 17 5 Prepared by: Joseph C Judge Lane & Waterman LLP 220 N Main St 4600 DavenportIA 52801 (563) 324-3246 CONSENT OF MORTGAGEE TO SUBDIVISION PLEIADES SECOND ADDITION The undersigned, UICCU Financial, LLC, is the owner and holder of the following instruments recorded in the office of the Recorder for Johnson County, Iowa: 1. UCC Financing Statement from North Dodge Medical Holdings, LLC recorded on September 4, 2015 in Book 5420 at page 325, as modified by UCC Financing Statement recorded on September 2, 2016 in Book 5558 at page 407; 2. Construction Mortgage executed by North Dodge Medical Holdings, LLC dated September 4, 2015 and recorded on September 8, 2015 in Book 5421 at page 164, as modified by Modification of Construction Mortgage dated August 31, 2016 and recorded on September 2, 2016 in Book 5558 at page 397; and 3. Assignment of Rents executed by North Dodge Medical Holdings, LLC dated September 4, 2015 and recorded on September 8, 2015 in Book 5421 at page 175, as modified by Modification of Assignment of Rents dated August 31, 2016 and recorded on September 2, 2016 in Book 5558 at page 402; which instruments constitute a lien on the property to be designated as Pleiades Second Addition, which subdivision is described as follows: OUTLOT A OF PLEIADES FIRST ADDITION BEING A PORTION OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER AND A PORTION OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER ALL OF SECTION 2, TOWNSHIP 79 NORTH, RANGE 6 WEST, OF THE FIFTH PRINCIPAL MERIDIAN, IOWA CITY, JOHNSON COUNTY, IOWA. The undersigned, pursuant to the provisions of Chapter 354, Code of Iowa, does hereby consent to the platting of this subdivision by North Dodge Medical Holdings, LLC, an Iowa limited liability company, and does hereby release from said Mortgage all streets, easements, outlots or other areas to be conveyed or dedicated to the City of Iowa, Iowa. I Dated this 8th day of December, 2017. UICCU FINANCIAL, LLC By: C c.� t 7✓ colt ilson, Treasurer/Secretary STATE OF IOWA ) ) SS: COUNTY OF JOHNSON ) This instrument was acknowledged before me on December 8th , 2017 by Scott Wilson, as Treasurer/Secretary of UICCU Financial, LLC n Iowa limited liability company. RYAN J. LUNEMANN Z.� LIM. c Commlulon Number 792903 o * My7os���,�� Notary Pu i m and f r said County and State 2 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIilllllllllllllllll Doc ID: 026950160003 Type: GEN li Kind: RESOLUTION Recorded: 01/26/2018 at 11:40:09 AM ^r® Fee Amt: Page 3 of 3 ,, r")((�„�n Johnson County Iowa County �C L Kim Painter County Recorder y, A"®I®I i BK5751 PG501-503 ""LM CITY OF IOWA CITY 410 East Washington Street Iowa City. Iowa 52240-1826 (319) 356-5000 STATE OF IOWA ) (319) 356-5009 FAX )SS www.icgov.org JOHNSON COUNTY ) I, Kellie K. Freehling, City Clerk of Iowa City, Iowa, do hereby certify that the Resolution attached hereto is a true and correct copy of Resolution No. 17-142, which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 2nd day of May 2017, all as the same appears of record in my office. The the final legal documents for Westcott Second Addition, Johnson County, Iowa were previously recorded on September 19, 2017 in Book 5705, Page 482-531. Dated at Iowa City, Iowa, this day of �l 0 ru� C /� , 2018. Kellie K. Fruehling ( City Clerk ,r CORPO SN _lk 5d (5) Prepared by: Bob Miklo, Senior Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 3565240 (SUB1600009 & 1600010) RESOLUTION NO. 17-142 RESOLUTION APPROVING THE EXTRATERRITORIAL PRELIMINARY AND FINAL PLAT OF WESTCOTT SECOND ADDITION, JOHNSON COUNTY, IOWA. WHEREAS, the owner, Robert and Roxanne Mitchell, filed with the City Clerk the preliminary and final plat of Westcott Second Addition, Johnson County, Iowa; and WHEREAS, said subdivision is located on the following -described real estate in Johnson County, Iowa, to wit: LOT 1, WESTCOTT ADDITION, ACCORDING TO THE PLAT THEREOF RECORDED IN BOOK 35, PAGE 333, PLAT RECORDS OF JOHNSON COUNTY, IOWA, AND SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. WHEREAS, this property is within the City's extraterritorial review area; and WHEREAS, the Department of Neighborhood and Development Services and the Public Works Department examined the proposed preliminary and final plat and subdivision, and recommended approval; and WHEREAS, a conditional dedication has been made to the public, and the subdivision has been made with the free consent and in accordance with the desires of the owners and proprietors; and WHEREAS, said preliminary and final plat and subdivision are found to conform with Chapter 354, Code of Iowa (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 preliminary and final plat and subdivision located on the above-described real estate be and the same are hereby approved. 2. The City accepts the conditional dedication of the streets, easements as provided by agreement and by law. 3. The Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed, upon approval by the City Attorney, to execute all legal documents relating to said subdivision, and to certify a copy of this resolution, which shall be affixed to the final plat after passage and approval by law. The City Clerk shall certify and send plat and supporting documents to the office of Planning and Zoning of Johnson County, Iowa. All recording expense is the responsibility of the owner/subdivider. Passed and approved this 2nd day of May 20 17 Resolution No. 17-142 Page 2 SEA I M4&OR Cl, Ct€btK " e A� ,o�ve�d�by C�/ W`- City Attorney's Office AYES: NAYS: ABSENT: x Botchway x Cole X Dickens _ x Mims x Taylor x Thomas x Throgmorton ppdadwdmstEnalplac unty.doc s Doc ID: 026950170003 Type: GEN ? Kind: RESOLUTION 1 Recorded: 01/26/2018 at 11:43:26 AM Fee Amt: $17.00 Pape 1 of 3 ;1^�'�+®� Johnson County Iowa r"IIINJkp��� Kim Painter County Recorder1. i !! i 6K5751 PG504-506 CITY OF IOWA CITY rvE 410 East Washington Street Iowa City, Iowa 52240-1826 (319) 356-5000 STATE OF IOWA ) 09 FAX ) SS www. gov.or www.icgov.org JOHNSON COUNTY ) I, Kellie K. Freehling, City Clerk of Iowa City, Iowa, do hereby certify that the Resolution attached hereto is a true and correct copy of Resolution No. 17-171, 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. The the final legal documents for Little Ash Subdivision, Johnson County, Iowa were previously recorded on July 18, 2017 in Book 5679, Page 573-587. Dated at Iowa City, Iowa, this y444'`day of Q K-jj� 2018. Kellie K. Fruehling City Clerk COPPO E SEAQ 6 Prepared by: Sylvia Bochner, Planning Intern, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5240 (SUB17-00004) RESOLUTION NO. 17-171 RESOLUTION APPROVING THE EXTRATERRITORIAL PRELIMINARY AND FINAL PLAT OF LITTLE ASH SUBDIVISION, JOHNSON COUNTY, IOWA. WHEREAS, the owners, Brian and Laura Wolf, filed with the City Clerk the preliminary and final plat of Little Ash Subdivision, Johnson County, Iowa; and WHEREAS, said subdivision is located on the following -described real estate in Johnson County, Iowa, to wit: A PORTION OF THE EAST ONE-HALF OF THE FRACTIONAL SOUTHWEST ONE- QUARTER OF SECTION 30, TOWNSHIP 79 NORTH, RANGE 6 WEST OF THE 5TH PRINCIPAL MERIDIAN, JOHNSON COUNTY, IOWA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTH ONE-QUARTER CORNER OF SECTION 30, TOWNSHIP 79 NORTH, RANGE 6 WEST OF THE 5TH PRINCIPAL MERIDIAN, JOHNSON COUNTY, IOWA; THENCE N00023'07"E, ALONG THE EAST LINE OF LOTS 5 AND 4, BLACK HILLS TO JOHNSON COUNTY, IOWA, ACCORDING TO THE PLAT RECORDED IN PLAT BOOK 31, PAGE 245 IN THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE, 995.57 FEET TO THE NORTHEAST CORNER OF SAID LOT 4 AND THE POINT OF BEGINNING; THENCE N66059'22"W, ALONG THE NORTHERLY LINE OF SAID BLACK HILLS TO JOHNSON COUNTY, IOWA, 1097.06 FEET; THENCE N88030'44"W, ALONG SAID NORTHERLY LINE OF BLACK HILLS TO JOHNSON COUNTY, IOWA, 318.54 FEET TO THE NORTHWEST CORNER OF SAID BLACK HILLS TO JOHNSON COUNTY, IOWA; THENCE N00°06'26"E, 521.63 FEET TO THE SOUTHWEST CORNER OF KERN SECOND SUBDIVISION, A RESUBDIVISION OF LOT 1, KERN SUBDIVISION, TO JOHNSON COUNTY, IOWA, AS RECORDED IN PLAT BOOK 41, PAGE 284 IN SAID RECORDER'S OFFICE; THENCE N90°00'00"E, ALONG THE SOUTHERLY LINE OF SAID KERN SECOND SUBDIVISION, 520.24 FEET; THENCE N00006'22"E, ALONG SAID SOUTHERLY LINE, 70.23 FEET; THENCE S89058'46"E, ALONG SAID SOUTHERLY LINE, 187.22 FEET; THENCE S60°57'33"E, ALONG SAID SOUTHERLY LINE, 181.95 FEET; THENCE S89059'40"E, ALONG SAID SOUTHERLY LINE, 410.11 FEET; THENCE N00004'12"E, ALONG SAID SOUTHERLY LINE, 88.43 FEET; THENCE S89°56'03"E, ALONG SAID SOUTHERLY LINE, 57.50 FEET TO THE SOUTHEAST CORNER OF SAID KERN SECOND SUBDIVISION; THENCE S00°23'54"W, 1028.93 FEET TO THE POINT OF BEGINNING, CONTAINING 21.48 ACRES AND IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. I a Resolution No. 17_171 Page 2 WHEREAS, this property is within the City's extraterritorial review area; and WHEREAS, the Department of Neighborhood and Development Services and the Public Works Department examined the proposed preliminary and final plat and subdivision, and recommended approval; and WHEREAS, a conditional 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 preliminary and final plat for the above-described real estate be and the same are hereby approved. 2. The Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed, upon approval by the City Attorney, to execute all legal documents relating to said subdivision, and to certify a copy of this resolution, which shall be affixed to the final plat after passage and approval by law. The City Clerk shall certify and send plat and supporting documents to the office of Planning and Zoning of Johnson County, Iowa. All recording expense is the responsibility of the owner/subdivider. Passed and approved this 16th day of May 20 17 (ORPO E Sk r •OG �.. :l..cr.. o, 41 I CI E 3 AYES` NAYS: MA OR Approved by City Attorney's O e r/td� ABSENT: X Botchway Cole Dickens Mims Taylor Thomas Throgmorton I MEMBERS ABSENT: None. STAFF PRESENT: Sue Dulek, Sarah Walz OTHERS PRESENT: Larry Lounsbery SPECIAL EXCEPTION ITEMS: 661 ..I ............ 26967560005 Doc ID: 0957560005 Type: GE Kind: DECISION Fee Amt: $27.00/2018 Page Itof 510:36.44 AM Johnson County Iowa Kim Painter County Recorder BK5754 PG703-707 EXC17-00008: A public hearing regarding an application submitted by McDonalds USA LLC for a special exception to allow expansion of a drive-through in the Community Commercial (CC -2) zone located at 804 S. Riverside Drive. 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, and adequate measure have been taken to address ingress and egress to minimize congestion on public streets based on the following findings: • The property is accessed from curb cuts on two arterial streets: Riverside Drive and Benton Street. • While the curb cut on Riverside Drive does not meet the City's access standards, it functions satisfactorily for right turning (northbound) vehicles; during peak hours, southbound vehicles experience difficulty turning left into the Riverside Drive entrance and may rely on the Benton Street entrance. • No cross -access drives to other properties exist at this time and no additional access or changes in access are proposed as part of this application. o There is no practical alternative at this time for alternate access points. o A potential consolidated curb cut along Benton Street, which was part of a previous approved but expired special exception, is infeasible. A re-evaluation of sight line issues associated with an adjacent driveway (on the Mumm's property at 21 W. Benton Street) determined that visibility issues can be addressed by other means when the property is redeveloped. • A second order lane and menu board are intended to improve the efficiency of the drive- through use. The Board concludes that an adequate number of stacking spaces are provided to ensure traffic safety is not compromised based on the following finding: • The submitted site plan shows adequate space for 7 vehicles to stack between the pick- up window and the order boards with additional stacking at the order boards. 1p N O Prepared by Sarah Walz, Associate Planner, 410 E. Washington, Iowa City, IA 52240; 319/356-5230 O m rn � DECISION_a cro IOWA CITY BOARD OF ADJUSTMENT ' 3" WEDNESDAY, JANUARY 10, 2018 �m EMMA J. HARVAT HALL a ry MEMBERS PRESENT: T. Gene Chrischilles, Tim Weitzel, Connie Goeb, Bryce P2rker ,_; MEMBERS ABSENT: None. STAFF PRESENT: Sue Dulek, Sarah Walz OTHERS PRESENT: Larry Lounsbery SPECIAL EXCEPTION ITEMS: 661 ..I ............ 26967560005 Doc ID: 0957560005 Type: GE Kind: DECISION Fee Amt: $27.00/2018 Page Itof 510:36.44 AM Johnson County Iowa Kim Painter County Recorder BK5754 PG703-707 EXC17-00008: A public hearing regarding an application submitted by McDonalds USA LLC for a special exception to allow expansion of a drive-through in the Community Commercial (CC -2) zone located at 804 S. Riverside Drive. 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, and adequate measure have been taken to address ingress and egress to minimize congestion on public streets based on the following findings: • The property is accessed from curb cuts on two arterial streets: Riverside Drive and Benton Street. • While the curb cut on Riverside Drive does not meet the City's access standards, it functions satisfactorily for right turning (northbound) vehicles; during peak hours, southbound vehicles experience difficulty turning left into the Riverside Drive entrance and may rely on the Benton Street entrance. • No cross -access drives to other properties exist at this time and no additional access or changes in access are proposed as part of this application. o There is no practical alternative at this time for alternate access points. o A potential consolidated curb cut along Benton Street, which was part of a previous approved but expired special exception, is infeasible. A re-evaluation of sight line issues associated with an adjacent driveway (on the Mumm's property at 21 W. Benton Street) determined that visibility issues can be addressed by other means when the property is redeveloped. • A second order lane and menu board are intended to improve the efficiency of the drive- through use. The Board concludes that an adequate number of stacking spaces are provided to ensure traffic safety is not compromised based on the following finding: • The submitted site plan shows adequate space for 7 vehicles to stack between the pick- up window and the order boards with additional stacking at the order boards. 1p The Board concludes that sufficient on-site signage and pavement markings will be provided 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 submitted site plan shows pavement markings, including lane striping and directional arrows, along with signage at the entrances and proposed signage over the order board area to direct vehicles through the site. • Landscaped islands between the order boards and in the area adjacent to the pick-up lane help to direct traffic and separate vehicle lanes as drivers navigate the site. • The Board concludes that the existing street -facing location does not reduce the overall safety and efficiency of the site; will not conflict with adjacent uses or pedestrian access or safety; and will not compromise the character of the streetscape or neighborhood in which it is located; based on the following findings: The shape of the lot and the location of existing curb cuts, along with the existing building footprint, limit the opportunity to reconfigure the drive-through lane or service window location. Moving the pick-up window to the east or south side of the building would result in cars stacking in areas along the front (west) side of the building or into the drive entrance from Riverside Drive. This would likely create conflicts with pedestrians and vehicles accessing the site. • A condition requiring that 50% of shrubs in the S2 screening be evergreen species and additional street trees (1 large tree for every 30 feet of frontage) be installed within parking area setback along Benton Street will reduce views of the drive-through service windows. Existing trees count toward satisfying the street tree requirement. • The existing arrangement of parking and vehicle circulation for the drive-through has the potential to compromise the character of the streetscape by delaying improvements to the streetscape as envisioned in the Riverfront Crossings Plan. A right-of-way dedication or public access and utility easement to allow for improvements to pedestrian circulation across the site and through the Riverside Drive corridor as called for in the Riverfront Crossings Plan and the South Riverside Drive Streetscape Plan will address this issue by allowing for a 6 -foot wide sidewalk set back approximately 14 -feet from the street, installation of ADA curb ramps at the intersection, and the establishment of street trees in the parkway. • Installation of a screen wall along the edge of the parking area on the Riverside Drive frontage, as illustrated in the South Riverside Drive Streetscape Plan, to be substituted for an additional setback for the parking area. The Board concludes that all drive-through lanes will be set back more than the required 10 feet from adjacent lot lines based on the finding that the drive-through lanes are set back no less than 20 feet from adjacent lot lines. The Board concludes that the number of drive-through lanes, stacking spaces, and paved area necessary for the facility will not be detrimental to adjacent residential properties or detract from or unduly interrupt pedestrian circulation or the commercial character of the areathe use is located; will be screened to the S2 standard; multiple windows are considered; located such that vehicdLdr and pedestrian conflicts are integrated into the surrounding landscape and streetscape design�f th36eighborhood in which it is located; lighting complies with the outdoor lighting s pnd ` s iisyapter 5, article G; and intercom systems are located and directed to minimize LJ6turha`nceNpfjacent uses based on the following findings: 1) Ce onald's site is surrounded by commercial zoning on all sides. �• m r D G= 0 ca N I An additional order board is part of the proposal and is designed to improve the efficiency of the drive-through service and reduce idling on the site. Any new lighting for the site must meet current code standards and will be reviewed as part of the building permit process. Intercom systems and order boards will be directed toward the east southeast. Adjacent properties are vacant at this time. 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 findings provided above with regard to vehicle access, drive-through location, and directional signage and markings, in addition to the following findings: • Riverside Drive and Benton Street are designed to accommodate the levels of traffic generated by commercial uses such as drive-throughs. • The drive-through lanes are located more than 100 feet from the entrance on Riverside Drive. • Access to Benton Street provides an alternative entry and exit point during peak traffic times when congestion makes left turns difficult. The Board concludes that the specific proposed exception will not be injurious to the use and enjoyment of other property in the immediate vicinity and will not substantially diminish or impair property values in the neighborhood based on the following findings: • The proposed drive-through lane and order board will be located toward the rear of the building and the subject property is surrounded by vacant commercial (CC -2) property. • Views of the drive-through service windows will be reduced by installation of enhanced S2 screening along the Benton Street frontage. The Board concludes that adequate utilities, access roads, drainage and/or necessary facilities have been or are being provided based on the following findings: • All necessary utilities and drainage are available at this site. Any changes affecting storm water drainage must be approved by the City Engineer. • Benton Street and Riverside Drive are designed to support large commercial uses. • A right-of-way dedication or public access and utility easement will allow for the improved pedestrian facilities called for in the Riverfront Crossings Master Plan and South Riverside Drive Streetscape Plan. The Board concludes that, except for the specific regulations and standards applicable to the exception being considered, the specific proposed exception, in all other respects, conforms to the applicable regulations or standards of the zone in which it is to be located, based on the following finding: • The criteria for the special exception discourage the location of the service windows facing the street. While the submitted site plan indicates the required S2 screening within the setback along Benton Street, a condition imposed is enhanced screening to include no less than 50% evergreen varieties and installation of street trees—one tree foi=very 30 feet of street frontage (no fewer than 8 trees). Tree species to be approved b ,4he City, Forester. _ 3> � m F3 O The Board concludes that the proposed use will be consistent with the Comprehensive Plan, as amended based on the following findings: • The Southwest District Plan calls for aesthetic improvements for property along the Riverside Drive Commercial Corridor, especially landscaping. The proposed site plan improves the attractive landscape features already present on the site. Installing additional perimeter screening and recommended trees will soften views of the parking area and drive-through, provide appropriate separation between vehicle and pedestrian areas, and enhance this highly traveled arterial street. • The Riverfront Crossings Plan calls for improvements along Riverside Drive to improve pedestrian safety throughout the neighborhood. These goals are described in detail in South Riverside Drive Streetscape Plan. Additional right-of-way along Riverside Drive and a small portion along Benton Street are necessary to make these pedestrian improvements: 6 -foot wide sidewalks set back 14 -feet from the street and ADA curb ramps at the intersection, opportunity to bury utilities and the location of street trees and other improvements (e.g. street lighting). Through dedication of land or a public access and utility easement, the existing setback along the front (west side) of the parking area provides sufficient space to allow these planned improvements to the streetscape. DISPOSITION: By a vote of 4-0 the Board approved EXC17-00008, a special exception to allow an expansion of the existing drive-through facility in the Community Commercial (CC -2) zone, at 804 South Riverside Drive, subject to the following conditions: • Substantial compliance with site plan submitted with the following additional changes: o Along the Benton Street frontage, installation of required S2 landscape screen to include 50% evergreen species; installation of street trees, 1 per 30 feet of street frontage. City Forester must approve tree species. o Right-of-way dedication or a public access and utility easement along the Riverside Drive frontage and Benton Street intersection to allow relocation of a 6 - foot sidewalk to be set back approximately 14 feet from the curb in accord with the South Riverside Drive Streetscape Plan. o Prior to the final inspection for the building permit, the applicant will contribute funds to pay the full cost of installation of a 6 -foot wide sidewalk within the easement area as part the City's planned overlay project for the Riverside Drive - Benton Street intersection. o The applicant will plant required street trees within in the parkway in accord with the South Riverside Drive Streetscape Plan. o Applicant will construct a 3-4 foot screen wall or planter as described in the streetscape plan to be substituted for the required parking area setback and screening along Riverside. Design to be approved by planning staff. .0 O r•" �, d gym. "E LIMITd"16gS: >- C-3 W 6tLo L� U D U 0 N L 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: T. Gene Chrischilles, Chairperson City Attorney's Office 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 101" day of January, 2018, as the same appears of record in my Office. Dated at Iowa City, this o� day of bYL 20 Kellie K. Fruehling, City Clerk (ORPOK 591 I N 0 G m 1 ca M o� O N I 4-ee II�IIIIIIIIIIIIIIVIIIVIII�IIIIVIIIVIIIIIIDVIIIVIIIVIIIVIIIVIIIIIIIIIII Doe ID: 026961300021 Type: GEN Kind: SUBDIVISION Recorded: 02/12/2018 at 12:59:25 PI Fee Amt: $107.00 Page 1 of 21 Johnson County Iowa Kim Painter county Recorder BK5756 PG181-201 STATE OF IOWA ) ) SS JOHNSON COUNTY ) r , 1 ,�tr"III 'W".U62 •O City of 4 0 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.17-364 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 19th day of December 2017, all as the same appears of record in my office. Dated at Iowa City, Iowa, this 84-"1 day of February 2018. j:l 1":1tf• Kellie K. Fruchling Icon City Clerk :. �. V oo [^.vc aax" 4es (0 POMT1 k 410 EAST WASHINGTON STREET • IOWA CITY, IOWA 52240-1826 a (319) 356-5000 • FAX (319) 356-5009 I 2c4 (q-) Prepared by: Sylvia Bochner, Planning Intern, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5240 (SUB17-00013) Resolution No. 17-364 Resolution Approving Final Plat Of Brookwood Pointe Fifth Addition, Iowa City, Iowa. Whereas, the owner, Steve Kohli Construction, L.C., filed with the City Clerk the final plat of Brookwood Pointe Fifth Addition, Iowa City, Iowa, Johnson County, Iowa; and Whereas, said subdivision is located on the following -described real estate in Iowa City, Johnson County, Iowa, to wit: OUTLOT "A" BROOKWOOD POINTE FOURTH ADDITION ACCORDING TO THE PLAT RECORDED THEREOF IN PLAT BOOK 58 AT PAGE 370, JOHNSON COUNTY RECORDER'S OFFICE, IOWA CITY, IOWA. 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. The City shall accept dedication of the outlots upon satisfaction of the terms and conditions stated in the Subdivider's Agreement. 3. The Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed, upon approval by the City Attorney, to execute all legal documents relating to said subdivision, and to certify a copy of this resolution, which shall be affixed to the final plat after passage and approval by law. The City Clerk shall record the legal documents and the plat at the office of the County Recorder of Johnson County, Iowa at the expense of the owner/subdivider. I Resolution No. 17-364 Page 2 Passed and approved this 19th day of December , 20'17 Ma or Approved by Attes"� City Clerk City Attorney's Office p-7 It was moved by sotchway and seconded by Dickens adopted, and upon roll call there were: Ayes: pctlltemplates/Final Plot - Resolution (4).doc.doc Nays: Absent: the Resolution be Botchway Cole Dickens Mims Taylor Thomas Throgmorton CERTIFICATE OF COUNTY AUDITOR BROOKWOOD POINTE FIFTH ADDITION, IOWA CITY, IOWA I, Travis Weipert, the Johnson County Auditor, hereby approve of Brookwood Pointe Fifth Addition, Iowa City, Iowa, as a succinct and unique. name for the subdivision containing the following described real estate located in Johnson County, Iowa: OUTLOT "A" BROOKWOOD POINTE FOURTH ADDITION ACCORDING TO THE PLAT RECORDED THEREOF IN PLAT BOOK 58 AT PAGE 370, JOHNSON COUNTY RECORDER'S OFFICE, IOWA CITY, IOWA. YuUIS IA/r.rn>rf'i(ih"'//%?„ .� �an7l4nr 2�. 20!% Travis Weipert, hnson ounty Auditor Date PSP "!'% CERTIFICATE OF COUNTY TREASURER I, Thomas Kriz, hereby certify that I am the County Treasurer of Johnson County, Iowa, and that the following described property is free from taxes or special assessments: OUTLOT "A" BROOKWOOD POINTE FOURTH ADDITION ACCORDING TO THE PLAT RECORDED THEREOF IN PLAT BOOK 58 AT PAGE 370, JOHNSON COUNTY RECORDER'S OFFICE, IOWA CITY, IOWA, and shown on the attached plat and known and designated as Brookwood Pointe Fifth Addition, Iowa City, Iowa. Dated at Iowa City, Iowa, this a5 day of September, 2017. � S� Thomas Kriz County Treasurer, Johnson County, Iowa Parcel No. 10-23-324-007 1 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: OUTLOT "A" BROOKWOOD POINTE FOURTH ADDITION ACCORDING TO THE PLAT RECORDED THEREOF IN PLAT BOOK 58 AT PAGE 370, JOHNSON COUNTY RECORDER'S OFFICE, IOWA CITY, IOWA. It is hereby certified that fee simple title to said property is in Steve Kohli Construction, L.C. and is free and clear of all liens and encumbrances, except for two (2) Mortgages to Hills Bank & Trust Company, Hills, Iowa, recorded November 17, 2005 in Book 3964, Page 51, and recorded March 11, 2008 in Book 4272, Page 159, respectively, Miscellaneous Records of Johnson County, Iowa. Dated at Iowa City, Iowa, this Ir ' day of October, 2017. A!-0104 111 pp .fir SUEPPEL & DOWNER 122 South Linn Street • ` 52240-1802 11 MORTGAGEE CONSENT TO SUBDIVISION The undersigned, Hills Bank & Trust Company, Hills, Iowa, is the Mortgagee of two (2) Mortgages from Steve Kohl! Construction, L.C. recorded the 17th day of November, 2005 in Book 3964, Page 51, and recorded March 11, 2008 in Book 4272, Page 159, respectively, Miscellaneous Records of Johnson County, Iowa. Said Mortgage encumbers property designated as Brookwood Pointe Fifth Addition legally described as: OUTLOT "A" BROOKWOOD POINTE FOURTH ADDITION ACCORDING TO THE PLAT RECORDED THEREOF IN PLAT BOOK 58 AT PAGE 370, JOHNSON COUNTY RECORDER'S OFFICE, IOWA CITY, IOWA. The undersigned Mortgagee, pursuant to the provisions of Chapter 354, Code of Iowa, 2015, does hereby consent to the platting and subdivision of Brookwood Pointe Fifth Addition, Iowa City, Iowa, by Steve Kohli Construction, L.C. and does hereby release from said Mortgage all streets, easements or other areas to be conveyed or dedicated to the public pursuant to said subdivision. Dated this �.?� day of September, 2017, HILLS BANK & TRUST COMPANY By: Tim Finer, Vice President STATE OF IOWA ) ss: JOHNSON COUNTY ) This instrument was acknowledged before me on this ZS 1t,-" day of September, 2017, by Tim Finer, as Vice President of Hills Bank & Trust Company, t'CPiGCP� a"lll/Lf�ty� Notary Public in and for the State of Iowa F014EE HARNED o ffbrm*don Number 728012 My ����Pmson i ur /�1y CONSENT TO SUBDIVISION AND DEDICATION OF BROOKWOOD POINTE FIFTH ADDITION KNOW ALL MEN BY THESE PRESENTS: Steve Kohli Construction, L.C. does hereby certify and state that it is the owner and proprietor of the following described real estate situated in Johnson County, Iowa, to wit: OUTLOT "A" BROOKWOOD POINTE FOURTH ADDITION ACCORDING TO THE PLAT RECORDED THEREOF IN PLAT BOOK 58 AT PAGE 370, JOHNSON COUNTY RECORDER'S OFFICE, IOWA CITY, IOWA. Steve Kohli Construction, L.C. does further state that the subdivision of said real estate as it appears on the plat to which this certification and dedication is attached is with its free consent and in accordance with its desire. The streets, easements and public walkways in said subdivision are hereby dedicated to the City of Iowa City, Iowa, as provided by Chapter 354 of the 2015 Code of Iowa. IN � WITNESS WHEREOF, the proprietor has caused these presents to be signed on this atm_ day of October, 2017. STATE OF IOWA JOHNSON COUNTY I ss: This instrument was acknowledged before me on this -6rd day of October, 2017, by Steve Kohli, as a membp--o(Steve KotQCor)stp4tion, L.C. and f4I'ttWtatd of Iowa DOUGLAS D. RUPPERT o Commission Number 128989 MyC m 's io Expires �ONP 11 RELEASE OF EASEMENTS COMES NOW, the undersigned, who hereby release, vacate and terminate that portion of the following described easements as shown and designated on the plat for Brookwood Pointe Fifth Addition, Iowa City, Iowa, recorded in Book , Page Plat Records of Johnson County, Iowa: 1. Temporary Turnaround, Storm Sewer and Water Easement recorded with the legal documentation for Brookwood Pointe Fourth Addition, Iowa City, Iowa, recorded in Book 5284, Page 373, Miscellaneous Records of Johnson County, Iowa; 2. 30' Sanitary Sewer Easement recorded with the legal documentation for Brookwood Pointe Second Addition, Iowa City, Iowa, recorded in Book 4885, Page 695, Miscellaneous Records of Johnson County, Iowa; 3. 10' x 15' Water Main Easement recorded with the legal documentation for Brookwood Pointe Fourth Addition, Iowa City, Iowa, recorded in Book 5284, Page 373, Miscellaneous Records of Johnson County, Iowa; and 4. 50' x 250' Temporary Storm Sewer and Drainage Easement recorded with the legal documentation for Hollywood Manor Part Nine, Iowa City, Iowa, recorded in Book 4073, Page 359, Miscellaneous Records of Johnson County, Iowa. Dated this &—a- day of October, 2017. CITY OF IOWA CITY, IOWA By: James A. Throgmorton, Mayor Kellie Fruehling, bty Clerk STATE OF IOWA ) ) ss: JOHNSON COUNTY ) This instrument was acknowledged before me on October ��, 2017, by Steve Kohli, as a member of Steve Kohli Construction, L.C. STATE OF IOWA ) ) ss: JOHNSON COUNTY ) i�cerr.l�er This instrument was acknowledged before me on OLlobjiw. 1 q 2017, by James A. Throgmorton and Kellie Fruehling, as Mayor and City Clerk, respectively, of the City of Iowa City, Iowa. $ s =NENE4z�- AC Notary Public in and for State of Iowa 2 SANITARY SEWER, STORM SEWER AND DRAINAGE EASEMENT AGREEMENT FOR BROOKWOOD POINTE FIFTH ADDITION THIS AGREEMENT made and entered into by and between Steve Kohli Construction, L.C., hereinafter referred to as Owner and/or Subdivider, which expression shall include its successors in interest and assigns, and the City of Iowa City, Iowa, hereinafter referred to as City, which expression shall include its successors in interest and assigns. IT IS HEREBY AGREED AS FOLLOWS: For the sum of One Dollar and other valuable consideration, receipt of which is hereby acknowledged, the Owner hereby grants and conveys to the City, an exclusive easement for the purposes of excavating for and the installation, replacement, maintenance and use of such drainage way, sanitary sewer, or storm sewer lines as the City shall from time to time elect for conveying sewage or storm water and all necessary appliances and fittings for use in connection with said lines, together with adequate protection thereof and also a right-of-way with right of ingress and egress thereto, over and across the areas designated as "Drainage & Storm Sewer Easement"; "Utility & Storm Sewer Easement"; "Storm Sewer Easement" and "Utility & Sanitary Sewer Easement" (hereinafter "easement areas") as shown on the final plat for Brookwood Pointe Fifth Addition. The Owner further grants to the City the following rights in connection with the above: 1. The right of grading said easement areas for the full width thereof, and the right to extend the cuts and fills for such grading into and on said land along and outside of said easement areas, to such extent as the City may find reasonably necessary. 2. The right from time to time to trim, cut down and clear away all trees and brush on said easement areas, and on either side of said easement areas which now or hereafter in the opinion of the City may be a hazard to said areas or may interfere with the exercise of the City's rights hereunder in any manner. 3. The right to enter onto land beyond the easement area to conduct emergency repairs that may extend beyond the easement area without obtaining a separate temporary easement. The City's right to do such work shall be effective only upon City's prior notice to Owners and with minimal disruption of the area. NIL The City shall indemnify the Owner against any loss and damage which shall be caused by the negligent exercise of any said ingress or egress, construction, maintenance or use by the City or its agents or employees in the course of their employment. The Owner reserves the right to use said easement areas for purposes which will not interfere with the City's full enjoyment of its rights granted herein; provided that the Owner and lot owners and their successors and assigns shall not erect or construct any building, fence, retaining wall or other structure; plant any trees, drill or operate any well, or construct any reservoirs or other obstruction on said easement areas, or diminish or substantially add to the ground cover over said easement areas. Subdivider may place trees and/or fences in the easement areas upon the written approval of the City. However, any improvements placed in the easement areas, with or without City approval, may be removed by the City without obligation or compensation or replacement. The Owner hereby covenants with the City that it is lawfully seized and possessed of the real estate above described, and that it has good and lawful right to convey it or any part thereof. Nothing in this Agreement shall be construed to impose a requirement on the City to install the original public improvements at issue herein. Nor shall the Subdivider be deemed acting as the City's agent during the original construction and installation of said improvements. The parties agree that the obligation to install the public improvement(s) herein shall be in accordance with City specifications, and the obligation shall remain on the Subdivider until completion by the Subdivider, and until acceptance by the City, as provided by law. The provisions hereof shall inure to the benefit of and bind the successors and assigns of the respective parties hereto and all covenants shall be deemed to apply to and run with the title to the land. SIGNED this 3-fA— day of October, 2017. Ira 1 CITY OF IOWA CITY, IOWA By: 4:2�: Ames A. Throgmorton, Mayor By: 2� P !r! ✓✓ Kellie Fruehling, City Clerk STATE OF IOWA ) ) ss: JOHNSON COUNTY ) This instrument was acknowledged before me on October_, 2017, by Steve Kohli, as a member of Steve Kohli Construction, L.C. s I DOUGLAS D. RUPI r Commission Number i STATE OF IOWA ss: JOHNSON COUNTY and Iowa l�ecerr�c r This instrument was acknowledged before me on 9eteb �� 2017, by James A. Throgmorton and Kellie Fruehling, as Mayor and City Clerk, respectively, of the City of Iowa City, Iowa. Notary Public in and f6rd6e State of Iowa WM Y6232Expires 3 F UNDERGROUND UTILITY EASEMENT AGREEMENT BROOKWOOD POINTE FIFTH ADDITION, IOWA CITY, IOWA In consideration of the approval of the final plat of Brookwood Pointe Fifth Addition, Iowa City, Iowa, the undersigned Grantor hereby grants 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 Brookwood Pointe Fifth Addition, Iowa City, Iowa, as "Utility Easements"; "Utility & Storm Sewer Easements"; and "Utility & Sanitary Sewer Easements." The Grantees of this easement shall have the right to install, lay, construct, reconstruct, renew, operate, maintain and remove conduits, cables, pipes, electric lines below the surface of the ground, and other equipment or appurtenances above the surface of the ground as may be necessary for the purpose of serving the subdivision and other property with electricity, gas, and communication service; the right to trim, cut down and remove such trees, brush, saplings and bushes as may interfere with the proper construction, maintenance, operation or removal of said facilities, equipment and appurtenances; and the right of ingress and egress for all of the purposes aforesaid. Grantees shall promptly backfill any trench made by them and repair any damages caused by them within the easement areas. Grantor, its successors in interest and assigns, reserves the right to use said easement areas for purposes which will not interfere with the 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 d ctober, 201 _ GRANT LI CO CTION, L.C. B' mber STATE OF IOWA ) ) ss: JOHNSON COUNTY ) This instrument was acknowledged before me on October 2017, by Steve Kohli, as a member of Steve Kohli Construction, L.C. M DOUGLAS D. RUPPERTCommission Number 128989M C m us io cpres MA SUBDIVIDER'S AGREEMENT BROOKWOOD POINTE FIFTH ADDITION, IOWA CITY, IOWA THIS AGREEMENT, made by and between Steve Kohli Construction, L.C., hereinafter referred to as "Owner" and/or "Subdivider", and the City of Iowa City, Iowa, a municipal corporation, hereinafter called the "City," WITNESSETH: SECTION 1. PUBLIC IMPROVEMENTS. In consideration of the City approving the plat of Brookwood Pointe Fifth Addition, Iowa City, Iowa, an addition to the City of Iowa City, Iowa, the Owner agrees, as a covenant running with the land that, except as provided in this Agreement, the City shall not issue any building permit on any lots in said subdivision unless and until Subdivider installs and City accepts the following improvements: A. Concrete paving at least 28 feet in width on Terrapin Drive and at least 31 feet in width on Covered Wagon Drive. B. Storm sewers, tile lines, water mains, drainageways and sanitary sewers as required by the City. C. Subdivision erosion control measures as required by the City under its ordinances. D. Concrete paving a five-foot wide sidewalk adjacent to Outlot A, Brookwood Pointe First Addition. The paving, storm sewers, tile lines, water mains, drainageways, sanitary sewers, and erosion control measures are hereinafter referred to as "Public Improvements." Nothing in this Agreement shall be construed to impose a requirement on the City to install the original Public Improvements at issue herein. Nor shall the Subdivider be deemed acting as the City's agent during the original construction and installation of said Improvements. The parties agree that the obligation to install the Public Improvement(s) herein shall be in accordance with City specifications, and the obligation shall remain on the Subdivider until completion by the Subdivider, and until acceptance by the City, as provided by law. 11 SECTION 2. STORM WATER MANAGEMENT ORDINANCE COMPLIANCE AND COVENANT. The parties hereto acknowledge and agree that the Subdivider is required to provide storm water control facilities ("Facilities") for the subdivision under the City's storm water management ordinance, and that said storm water control facilities are to be provided by storm water detention facilities located on Outlot "B," Brookwood Pointe Fourth Addition, Iowa City, Iowa (formerly Outlot "A," Brookwood Pointe First Addition, Iowa City, Iowa). The parties further acknowledge that sufficient funds have been placed in escrow with the City to cover the costs of constructing and completing said storm water management facilities and that a Partial Release Agreement has previously been executed between the parties which creates a lien on said escrow by reason of the subdivider's obligation to provide storm water management facilities as located within Brookwood Pointe First Addition. Said Partial Release Agreement is recorded in Book 4219, Page 630-633 in the records of the Johnson County, Iowa Recorder. The parties further acknowledge that this escrow is being retained by the City pending completion of said storm water management facilities and that because construction of this subdivision is adjacent to the Facilities, precaution should be taken to ensure erosion and sedimentation from construction activities does not adversely impact the storage capacity of said Facilities. SECTION 3. CONSTRUCTION OF IMPROVEMENTS. All Improvements and Facilities described in Sections 1 and 2 of this Agreement shall be constructed and installed by the Subdivider according to the plans and specifications approved by the City Engineer of the City of Iowa City, Iowa, who shall have the right to make occasional inspection of the work in progress. Such inspections shall not relieve or release the Subdivider from their responsibility to construct said Improvements and Facilities pursuant to the approved plans and specifications. Further, said inspections shall not create a duty or warranty on the part of the City that the construction of said Improvements and Facilities are in compliance with said plans and specifications. SECTION 4. SIDEWALKS. The Subdivider agrees to install sidewalks adjacent to the streets and abutting each of the lots in said subdivision along Covered Wagon Drive and Terrapin Drive. The sidewalks shall be at least five (5) feet in width along Terrapin Drive and along the south side of Covered Wagon Drive. The sidewalks shall be at least four (8) feet in width along the north side of Covered Wagon Drive. 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, except as otherwise required in Section 1 above. The obligation for sidewalk installation shall remain a lien on the lots until 2 11 installed and released by the City, and the release duly recorded in the Johnson County Recorder's Office as required by Section 14 -7A -6(B), Iowa City Code of Ordinances. SECTION 5. BUILDING PERMITS AND ESCROW MONIES. If the Subdivider should desire a building permit on any lot in said subdivision before the Improvements have been installed, the Subdivider shall deposit with the Department of Housing and Inspection Services, in escrow, an amount equal to the estimated cost of constructing said Improvements plus ten percent (10%) thereof divided by the total number of lots in the subdivision (hereinafter "Improvements Escrow"). The City Engineer shall determine the amount of the escrow which shall be collected for each building permit issued prior to the installation of the Improvements. In addition to the Improvements Escrow, if Subdivision Erosion Control measures have not been installed, with ground cover established by growth, the City may require, as a condition to the issuance of the first building permit for construction within the subdivision, that the Subdivider deposit in escrow with the City the sum of $2,000.00 (the "Erosion Clean-up Escrow") to assure reimbursement for the cost of cleaning public streets, storm sewers, gutters or catch basins, which may be incurred by the City as a result of erosion from any lot in the Subdivision. The Subdivider shall be responsible for the cost of any such clean-up; and to the extent that the Subdivider fails to accomplish erosion clean-up after reasonable notice from the City, the City is hereby authorized but not obligated to do the work and to charge the cost thereof to the Erosion Clean-up Escrow, if adequate, and to charge any excess costs to the Subdivider. If the Erosion Clean-up Escrow is insufficient to pay the costs incurred by the City, the Subdivider shall promptly reimburse the City for the excess costs incurred. The unused balance of the Erosion Clean-up Escrow shall be returned to the Subdivider after erosion control measures have been installed, and ground cover has been established by growth. After the Erosion Clean-up and Improvements Escrows have been established, the Building Inspector of the City is authorized to issue a building permit, if the applicant is in compliance with all other applicable requirements and ordinances of the City. SECTION 6. OCCUPANCY PERMIT. Prior to the issuance of an occupancy permit for any building erected pursuant to Section 5, the City in its discretion may require the Subdivider to construct and install the Improvements, sidewalks and Facilities as required by this Agreement. SECTION 7. USE OF ESCROW MONIES FOR IMPROVEMENTS. If, after the issuance of an occupancy permit, the Improvements and Facilities have not been constructed and installed, the City may use any funds deposited in the Improvements Escrow to construct and install the Improvements and Facilities. If the cost of constructing and installing said Improvements and Facilities exceeds the amount of the 3 1 escrow, the City shall have a lien and charge against all the lots in the subdivision for the balance of the costs. After the construction and installation of the Improvements, the City shall refund to the Subdivider any Improvements Escrow monies not used by the City for the construction and installation of the Improvements and the Facilities. SECTION 8. WAIVER If Subdivider, its assigns or successors in interest, sells or conveys lots in said subdivision without constructing or installing the Improvements or Facilities; or the Subdivider fails to construct the Improvements or sidewalks, the City shall have the right to install and construct said Improvements, Facilities or sidewalks. Subdivider acknowledges and agrees that all lots in the subdivision are specifically benefited by the Improvements and the Facilities so that the cost of the installation shall be a lien against all of the lots in the subdivision under Chapter 384 of the 2015 Code of Iowa, as amended. The cost of the Improvements and the Facilities need not meet the requirements of benefit or value as provided by the law of the State of Iowa for assessing such improvements. The cost of installing the sidewalks shall be a lien only against the lot or lots abutting those sidewalks that have not been installed. It is further provided that this requirement to construct the Improvements, Facilities or sidewalks is and shall remain a lien against the lots in the subdivision until properly released, as hereinafter provided. SECTION 9. IMPROVEMENTS AND SIDEWALK RELEASE. The City agrees that when the Improvements have been installed as required, to the satisfaction of the City, the City will, upon request, promptly issue to the Subdivider, for recording in the office of the County Recorder of Johnson County, Iowa, good and sufficient release to the lots in said subdivision so that this Agreement will not constitute a cloud upon the title of the lots in said subdivision. A separate sidewalk lien release may be issued where appropriate. The Mayor is hereby authorized to execute the releases contemplated in this section. This Section also authorizes the execution of one or more limited releases based on the use of escrows as contemplated in this agreement. SECTION 10. STREET MAINTENANCE The Subdivider agrees that the public services, including but not limited to, street maintenance, traffic control, snow removal and rubbish and trash collection need not be extended to any part in said subdivision until the pavement is installed and accepted by the City. SECTION 11. NEIGHBORHOOD OPEN SPACE. The parties acknowledge and agree that the neighborhood open space requirements pursuant to the provisions of Section 14-7D-4 of the Iowa City Code of C! Ordinances for Brookwood Pointe Fifth Addition were fully satisfied with the approval of Brookwood Pointe First Addition. SECTION 12. MISCELLANEOUS. A. All electrical, telephone and cable television service and distribution lines shall be installed underground. B. Conditional Zoning Agreement. The Subdivision is subject to a conditional zoning agreement adopted with and incorporated into Iowa City Ordinance 05-4161 rezoning the property, recorded in Book 3892, Page 960 in the records of the Johnson County, Iowa Recorder. In accordance with the provisions of said conditional zoning agreement requiring a contribution towards the cost to improve South Sycamore Street, prior to the issuance of an occupancy permit for any lot in Brookwood Pointe Fifth Addition, Subdivider shall pay to the City $12,320.07. C. Sanitary Sewer Tao -on Fee. Prior to the issuance of a building permit for any lot in Brookwood Pointe Fifth Addition, Subdivider shall pay to the City a sanitary sewer tap -on fee in the amount of $8,838.78. D. Water Main Extension Fee. Prior to the issuance of a building permit for any lot in Brookwood Pointe Fifth Addition, Subdivider shall pay to the City a water main extension fee in the amount of $2,140.20. E. Minimum low opening elevations shall be as follows for the following lots: Lots 1-3 = 680.5; Lot 4 = 680.0; Lots 7-9 = 680.5; Lots 5 & 10 = 683.0; Lot 14 = 690.0; Lots 20-22 = 701.0. F. Plat notes and surveyor's notes on plats serve to provide notice of how a subdivision is expected to develop. Said notes are not intended to create any vested private interest in any stated use restriction or covenant, or create any third party beneficiaries to any noted use restriction or covenant. The City reserves the right, in its sole discretion, subject to any applicable public notice and approval process required by law, to alter or amend any plat note, or to sell or vacate any right-of-way, street, alley, park, easement, open area or other land set apart and dedicated for public use within the plat. The City further reserves the right, upon request of the owner or successor in interest, to vacate the plat and/or relocate any easement, alter lot boundaries or allow said land to be replatted subject to any applicable public notice and approval process required by law. SECTION 13. 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. 5 1 DATED this e— day of October, 2017. S VE KOH ONS RUCTIOI , L.C. By: I, em CITY OF IOWA CITY, IOWA By: v4 7 Ames A. Throgmorton, Mayor By: Z'a', Kellie Fruehling, Cit Clerk STATE OF IOWA ) ) ss: JOHNSON COUNTY ) This instrument was acknowledged before me on October, 2017, by Steve Kohli, as a member of Stee_Kohli Construction, L.C. DOUGLAS comm scion Q,nnu•M STATE OF IOWA ) ) SS: JOHNSON COUNTY ) and Iowa 71 ece r'�le r This instrument was acknowledged before me on9cteber )C1 Fh 2017, by James A. Throgmorton and Kellie Fruehling, as Mayor and City Clerk, respectively, of the City of Iowa City, Iowa. z' No ary Publicin nadf r e State of Iowa oti��. s CHRISTINE OLNEY C/ _ � CommissionNumber806232 * • MY Commission Expires 6 I Fee Doc ID: 026981320008 Type: GEN Kind: AMENDMENT Recorded: 02/12/2018 at 01:20:11 PM Fee Amt: $42.00 Pape 1 of 8 Johnson County Iowa Kim Painter County Recorder BK5756 PG202-209 STATE OF IOWA ) ) SS JOHNSON COUNTY ) I r 1 wig®fr fa� f City of a*A C%41� 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. 18-32 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 6th day of February 2018, all as the same appears of record in my office. Dated at Iowa City, Iowa, this _W , day of February 2018. Kellie K. Fruehling .�o City Clerk °4l pB F r n \res csr. c;(0 OM11 [Al ao�; nar 410 EAST WASHINGTON STREET • IOWA CITY, IOWA 52240-1826 • (319) 356-5000 • FAX (319) 356-5009 I Prepared by: Sara Greenwood Hektoen, Asst. City Attomey, 410 E. Washington St., Iowa City, IA 52240, 356-5030 Resolution No. 18-32 Resolution Authorizing an Amendment to the Subdivider's Agreement for Larson Subdivision. Whereas, the City, Charles Jeffrey Larson, Michelle Larson, and Hampstead Woods, L.L.C. entered into a Subdivider's Agreement for the Larson Subdivision, Iowa City, Iowa, approved by the City Council on June 20, 2017 (Resolution 17-214, and recorded in the Johnson County Recorder's Office on September 28, 2017 in Book 5708, Pages 362-389; and Whereas, said subdivider's agreement encumbers all property within the subdivision with obligations regarding installation of storm water management facilities, payment of a fee to extend watermain to Lot 1, and payment of a fee in lieu of providing neighborhood open space; and Whereas, owners have requested this amendment to eliminate the storm water detention obligations from Lot 1 and to modify the water main extension and neighborhood open space obligations; and Whereas, the owners of Lot 1 desire to sell the lot to a third -party owner of adjacent property who intends to use the property for either open space or parking; an d Whereas, Staff finds the requested amendments to be reasonable, given that Lot 1 will not drain to the storm water detention basin, the amount of neighborhood open space fees to be paid in lieu of dedicating land will not be reduced, and unless Lot 1 is used for residential purposes, there is no need for water main to be extended to the property. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that: 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 Hampstead Wood's expense. Passed and approved this 6th day of February/ 018. L, MAYOR 0- . ATTEtT.. ja,,-CITYCLERK CORPORATE SEA` Approved by 4ityAttorney's Office a q,4(cr) a Resolution No Page 2 18-32 It was moved by Salih and seconded by Botchway the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Botchway x Cole x Mims x Salih x Taylor % Thomas % Throgmorton I Prepared by: Douglas D. Ruppert, 122 South Linn Street, Iowa City, IA 52240, (319) 338-9222 Return to: Douglas D. Ruppert, 122 South Linn Street, Iowa City, IA 52240 AMENDMENT TO SUBDIVIDER'S AGREEMENT LARSON SUBDIVISION, IOWA CITY, IOWA THIS AMENDMENT TO SUBDIVIDER'S AGREEMENT is 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: The parties previously executed a Subdivider's Agreement for Larson Subdivision, Iowa City, Iowa, said Agreement having been recorded September 28, 2017 in Book 5708, Page 362, Miscellaneous Records of Johnson County, Iowa; and The parties now desire and agree to amend the above -referenced Subdivider's Agreement as follows: 1. Notwithstanding any provision to the contrary in the Subdivider's Agreement, the lien for the construction and installation of the stormwater management facilities ("Facilities") shall not attach to Lot 1 or Lot A, Larson Subdivision, Iowa City, Iowa. The lien for the construction and installation of the Facilities shall attach only to Lot 2, Larson Subdivision, Iowa City, Iowa. To the extent a lien for the installation and 0 construction of the Facilities previously attached to Lot 1 and Lot A, Larson Subdivision, Iowa City, Iowa, City, with the execution of this Amendment, said lien is hereby released. 2. Section 8, Neighborhood Open Space, shall be deleted in its entirety and replaced with the following: SECTION 8. NEIGHBORHOOD OPEN SPACE. Pursuant to Section 14-7D-4 of the Iowa City Code of Ordinances, Hampstead Woods shall pay to the City $42,105.26 in lieu of dedicating 18,731 square feet of land to the City for open space. Prior to the issuance of a building permit for Lot 1, Larson Subdivision, Hampstead Woods shall pay $6,867.37 of the open space fee. Prior to the issuance of a building permit for Lot 2, Larson Subdivision, Hampstead Woods shall pay all of the open space fee if the open space fee allocated to Lot 1 has not previously been paid or the balance of the open space fee if the open space fee allocated to Lot 1, Larson Subdivision, has been previously paid. 3. Section 9, Miscellaneous, Subparagraph D, is deleted in its entirety and replaced with the following: SECTION 9. MISCELLANEOUS. D. Prior to issuance of a building permit for any residential use on Lot 1, the owner shall be responsible for providing the lot with water main supply system pursuant to Iowa City Code of Ordinances 15-3-9. 4. Except as amended herein, the remaining terms and provisions of the Subdivider's Agreement remain unchanged. Dated this 6 th day of February, 2018. 2 11 STATE OF IOWA ) ss: JOHNSON COUNTY Charles J son Michelle A. Larson This instrument was acknowledged before me on this Qa b day of February, 2018, by Charles Jeffrey Larson and Michelle A. Larson, husband and wife. IL L of Public in and fo�the State of Iowa a COIb1B�i�8!C;d s# 91•:338 ` l MY CoM;Yi(SS(C'N EJG"'iREs 1OWN 3 I HAMPSTEAD WOODS, LLC Kevin Hanick, Manager STATE OF IOWA ) ) ss: JOHNSON COUNTY ) This instrument was acknowledged before me on this ?,jn day of February, 2018, by Kevin Hanick, as Manager of Hampstead Woods, LLC. in and for tlQV8 to of Iowa DOUGLAS D. RUPPERT o v Commission Number 128989 My o nu io es ONP c 0 CITY OF IOWA CITY, IOWA j9nes A. Throgmorton, Mayor F• rccee o�� By: L &Le / dS Kellie Fruel-diril City Clerk STATE OF IOWA ) CROM11 S[A ) ss: JOHNSON COUNTY ) This instrument was acknowledged before me on February+� 2018, by James A. Throgmorton and Kellie Fruehling, as Mayor and City Clerk, respectively, of the City of Iowa City, Iowa. o~ a CHRISTINE OLNEY Notary Public in and for th tate of Iowa Z k" CammissionNumber806232 • • • My Commissioncpires M 'Fee- Doc ee Doc ID: 026961330009 Type: GEN Kind: ORDINANCE Recorded: 02/12/2018 at 01:34:58 PN Fee Amt: $47.00 Pape 1 of 9 Johnson County Iowa Kim Painter County Recorder SK5756 PG210-21 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. 18-4737 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 6th day of February 2018, is a true and correct copy, all as the same appears of record in my office. Dated at Iowa City, Iowa, this g44� day of February, 2018. Kellie K. Fruehling City Clerk \ord (ORM11 �LAIL 410 EAST WASHINGTON STREET • IOWA CITY, IOWA 52240-1826 • (319) 356-5000 • FAX (319) 356-5009 0 Prepared by: Sylvia Bochner, Planning Intern, 410 E. Washington Street, Iowa City, IA 52240; 319-3565420 (REZ17-00018) Ordinance No. 18-4737 Ordinance conditionally rezoning approximately .48 acres of property from Intensive Commercial (CI -1) to Riverfront Crossings — Central Crossings Subdistrict (RFC -CX) zone located at 703, 705, and 709 S. Dubuque Street (REZ17-00018) Whereas, the applicant, Breckenridge Apartments, LLC, has requested a rezoning of property located at 703, 705, and 709 S. Dubuque Street from Intensive Commercial (CI -1) to Riverfront Crossings - Central Crossings Subdistrict (RFC -CX ); and Whereas, the subject property is located in the Central Crossings subdistrict of Riverfront Crossings; and 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 high-density, pedestrian friendly character with a mixture of housing types; 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 a fence and landscape buffer adjacent to the railroad and the provision of usable open space; 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 Intensive Commercial (CI -1) to Riverfront Crossings - Central Crossings Subdistrict (RFC -CX ): Lot 1 and the north 60 feet of Lot 2, Block 17, County Seat of Johnson County, Iowa, according to the recorded plat thereof. Section H. 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, 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. (-d N Ordinance No. 18-4737 Page 2 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 6thday of February 201$ MAMOR ,.ATTE$7:' '�"i "• ITY CLERK App `p v by City Attorney's Office COI IPOMII IA` 0 Ordinance No. 18-4737 Page 3 It was moved byM:Lms and seconded by Botchway that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: % Botchway x Cole x Mims x Salih % Taylor x Thomas x Throgmorton First Consideration 01/16/2018 Vote for passage: AYES: Cole, Mims, Salih, Taylor, Thomas, Throgmorton, Botchway. NAYS: None. ABSENT: None. Second Consideration _ Vote for passage: Date published 02/15/2018 Moved by Mims, seconded by Salih, 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: Thomas, Throgmorton, Botchway, Cole, Mims, Salih. NAYS: Taylor. ABESENT: None. YII Prepared by: Sylvia Bochner, Planning Intern, 410 E. Washington, Iowa City, IA 52240 (319) 356-5240 (REZ17-00018) Conditional Zoning Agreement This agreement is made between the City of Iowa City, Iowa, a municipal corporation (hereinafter "City"), and Breckinridge Apartments, LLC (hereinafter "Owner"). Whereas, Owner is the legal title holder of approximately 0.48 acres of property located at 703, 705, and 709 S. Dubuque Street; and Whereas, the Owner has requested the rezoning of said property from Intensive Commercial (CI -1) to Riverfront Crossings — Central Crossings Subdistrict (RFC -CX); and Whereas, the Planning and Zoning Commission has determined that, with appropriate conditions regarding buffering the adjacent railroad and usable open space, 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 buffering the adjacent railroad and usable open space; 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. Breckenridge Apartments, LLC is the legal title holder of the property legally described as: _Lot 1 and the north 60 feet of Lot 2, Block 17, County Seat of Johnson County, Iowa, according to the recorded plat thereof. 2. The Owner acknowledges that the City wishes to ensure conformance to the principles of the Comprehensive Plan and the Downtown and Riverfront Crossings Master 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 chapter, as well as the following conditions necessary to assure buffering ppdadffda nd't' n I ai gree t 17-0W78 03 du gua10021cond'No t zw9V agreement.dae 1 from the railroad and adequate usable open space for the residents of the building: a. A fence and landscape buffer shall be constructed and maintained along the northern boundary of the subject property, in accordance with a landscape plan approved by the Riverfront Crossings Form -Based Code Committee. b. A minimum of 900 square feet of usable open space shall be provided and maintained on the rooftop. 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 acknowledges that nothing in this Conditional Zoning Agreement shall be construed to relieve the Owner from complying with all other applicable local, state, and federal regulations. 8. The parties agree that this Conditional Zoning Agreement shall be incorporated by reference into the ordinance rezoning the subject property, and that upon adoption and publication of the ordinance, this agreement shall be recorded in the Johnson County Recorder's Office at the Owner's expense. Dated this 6th day of February 2018 Bnr.�tLc,.N;�ye�APo.T/+e�TS, LGA. City of Iowa City JWThrogmtorton,Ma or By:�,c��eG J4� Me.4 ' Atte`st: " (�' ppdadMagVmndNonal zonim agreementfaz17�0018703 tlubuaue (002,cantli5arn31 z ga0'aomanitloo 2 9 r,��A� ity Attorney's Office ll3ll8 City of Iowa City Acknowledgement: STATE OF IOWA ) ) ss: JOHNSON COUNTY ) This instrument was acknowledged before me on fe6upq toth , 201'eby Jim Throgmorton and Kellie Fruehling as Mayor and City Clerk, respectively, of the City of Iowa City. 14 CHRISTINE OLNEY Notary Public in and for the ate of Iowa Commission Number 808232 + M Commission Expires oWA (Stamp or Seal) Title (and Rank) State of _ County of This record was acknowledOd before me on 2018 by ame(s) of individual 1 as authority, such as L.L. C.. Public in and for the State of Iowa (Stam or Seal) Title (andRa ) My commission ppdadxdagV:ondilionat zoning agreement rezl7-00018703 dubuque.doc 3 9 City Attorney' Office City Of Iowa City cknc STATE OF IOWA JOHNSON COUNTY ) This instrument was Throgmorton and Kellie Fruehling as Corporate Acknowle ei STATE OF IOWA ) ss: JOHNSON COU7) beforeme o 20_ by Jim Kor and C. Clerk, respectively, of the City of Iowa City. Public in and for the State of Iowa \pr Seal) Title (and This instrurr)6nt was acknowledged before me on as Notary Public in and for said (Stamp or Seal) Title (and Rank) Breckenridge Apartments LLC Acknowledgment: 20_ by of , Inc. and State State of G -S County of /2m-- c This record was acknowledged before me on of //6 //B (Date) byZ�1-c4aeL Fs 4/e— (Name(s) of individual(s) as (type of authority, such as officer or trustee) of ppdadrdagVwndilional zon'no ameemant ra;l7-00018703 WbjMA ( )=-d Tonal zonug agreementdw 3 q -A01 -S., LLC (name of party on behalf of whom record was executed). J I , `s/pr� Notary Public in and for the State of Wiscgnsin 2 SNPNpP i� F amp or Seal) KE God'? Title (and Rank) /ytth h4rE O * My commission expires: Q 1 13 Illllllllllllllllllllllllllllllllllllllllllillllll�llllllllllllllllllllllllllll Doc ID: 026969400004 Type: GEN Kind: ORDINANCE Recorded: 02/26/2018 at 12:42:34 PM Fee Amt: $42.00 Pape 1 of 4 Johnson County Iowa Kim Painter County Recorder SK5759 PG366-369 STATE OF IOWA ) ) SS JOHNSON COUNTY ) 0- r �� f City of Fie 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.18-4738 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 20th day of February 2018, is a true and correct copy, all as the same appears of record in my office. Dated at Iowa City, Iowa, this 2_3 rd day of February 2018. , we�z e �Li ". — Kellii K. Fruehling City Clerk \ord br-F-C�'�LP- 410 EAST WASHINGTON STREET • IOWA CITY, IOWA 52240-1826 • (319) 356-5000 • FAX (319) 356-5009 10 Prepared by: Sarah Walz, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5239 (REZ17-00016) Ordinance No. 18-4738 Ordinance rezoning approximately 3.6 acres of property from Neighborhood Public (P1) to Planned Development Overlay Neighborhood Public (OPD/P1) zone located at 300 Teeters Court (REZ17-00016) Whereas, the applicant, Iowa City Community School District, has requested a rezoning of property located at 300 Teeters Court from Neighborhood Public (P-1) zone to Planned Development Overlay/Neighborhood Public (OPD/P1); and Whereas, the proposed rezoning will allow further grading of a previously altered protected slope to enable an expansion of Lincoln Elementary School; and Whereas, the "neighborhood principles" included in the Comprehensive Plan, lists neighborhood schools, and specifically elementary schools, as an integral part of healthy, sustainable neighborhoods that serve as a focal point for community gathering and neighborhood identity; and Whereas, the preservation and improvement of neighborhood schools is a goal of the City Council's strategic plan; and Whereas, the proposed addition to Lincoln Elementary School extends the life of one of Iowa City's oldest neighborhood schools by preserving limited outdoor play space, providing ADA accessibility to all portions of the building and property, and improving traffic circulation to the site; and Whereas, the applicant has submitted information indicating that the subject protected slope had been previously altered; and Whereas, the applicant has presented information demonstrating that the proposed development activity will not undermine the stability of the slope; and Whereas, the Planning and Zoning Commission has reviewed the proposed rezoning and associated Sensitive Areas Development Plan, attached hereto and by reference made part of this document, and has recommended approval; and 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 Neighborhood Public (P1) to Planned Development Overlay Neighborhood Public (OPD/P1) zone Chautauqua Heights Addition Blk 6, Except lots 5-9 (Lincoln Elementary) Section II Zoning Mao. 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 owners 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 February , 2018. e�— Meffor Approved by: �s 10 Ordinance No. 18-4738 Page 3 It was moved by Salih and seconded by Mims Ordinance as read be adopted, and upon roll call there were: F&YAx.41 NAYS: ABSENT: ABSTAIN: x Botchway Cole Mims Salih Taylor Thomas Throgmorton that the First Consideration 01/02/18 Voteforpassage: AYES: Cole, Mims, Salih, Taylor, Thomas, Throgmorton. NAYS: None. ABSTAINED: Botchway. ABSENT: None. Second Consideration 01/16/18 Voteforpassage: AYES: Mims, Salih, Taylor, Thomas,Throgmorton, Cole. NAYS: None. ABSTAINED: Botchway. ABSENT: None. Date published 10 Ordinance No. 18-4738 Page 2, Attest: City Clerk CO P09TI K City Attorney's Office It '1 1-7 ko BGG Illlllll�lllllllllllllllllllllllllllllllillllllllllllllllllllllllllllllllllll r Doc ID: 026978540061 Type: GEN i Kind: SUBDIVISION Recorded: 03/08/2018 at 11:19:56 AMr"Itt Fee Amt: $307.00 Page 3 of 61 Johnson County Iowa m� Kim Painter County Recorder_ BK5763 PG162-222 CITY OF IOWA CITY 410 East Washington Street Iowa City. Iowa 52240-1826 (3 19) 356-5000 STATE OF IOWA ) (319) 356-5009 FAX ) SS www.icgov.org 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. 18-20, which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 16th day of January, 2018, all as the same appears of record in my office. Also attached are the final legal documents for West Side Estates, Phase One, Iowa City, Iowa. Dated at Iowa City, Iowa, this7"�' day of _ 07a re k 2018. Kellie k. Freehling City Clerk fires subdivision Prepared by: Sylvia Bochner, Planning Intern, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5240 (SUB17-00017) Resolution No. 18-20 Resolution Approving Final Plat Of West Side Estates Phase One, Iowa City, Iowa. Whereas, the owner, S & J Development, LLP, filed with the City Clerk the final plat of West Side Estates Phase One, Iowa City, Iowa, Johnson County, Iowa; and Whereas, said subdivision is located on the following -described real estate in Iowa City, Johnson County, Iowa, to wit: AUDITOR'S PARCEL 2017096, AND A PORTION OF AUDITOR'S PARCEL 2017097 LYING WITHIN A PORTION OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER AND A PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER, BOTH OF SECTION 13, AND A PORTION OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER, AND A PORTION OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER, BOTH OF SECTION 24, ALL OF TOWNSHIP 79 NORTH, RANGE 7 WEST, OF THE FIFTH P.M., IOWA CITY, JOHNSON COUNTY, IOWA, DESCRIBED AS FOLLOWS: Beginning at the Southerly most Corner of Country Club Estates Third Addition, to Iowa City, Iowa, in accordance with the Plat thereof Recorded in Plat Book 54 at Page 221 of the Records of the Johnson County Recorder's Office, and the Southeast Corner of Auditor's Parcel 2017097, in accordance with the Plat thereof Recorded in Plat Book 61 at Page 214 of the Records of the Johnson County Recorder's Office; Thence S58°42'24"W, along the South Line of said Auditor's Parcel 2017097, a distance of 111.34 feet; Thence S58°29'36"W, along said Southerly Line, 740.05 feet; Thence N31°30'24"W, 168.00 feet; thence N24°35'25"W, 95.00 feet; Thence N18°43'22"W, 130.00 feet; Thence Southwesterly 34.86 feet along a 1720.00 foot radius curve, concave Northwesterly, whose 34.86 foot chord bears S71°51'28"W; thence N17°33'42"W, 185.49 feet; Thence S71`25'19"W, 9.19 feet; Thence N17°13'08"W, 123.70 feet; Thence Southwesterly 1.92 feet, along a 1411.00 foot radius curve, concave Northwesterly, whose 1.92 foot chord bears S72049'13"W; Thence N17°08'27"W, 188.90 feet, to a Point on the South Line of said Country Club Estates Third Addition; Thence N69045'38"E, along said South Line, 76.89 feet; Thence N63015'46"E, along said South Line, 112.85 feet, to the Northwest Corner of Auditor's Parcel 2017096, in accordance with the Plat thereof Recorded in Plat Book 61 at Page 213 of the Records of the Johnson County Recorder's Office; Thence N62°34'51"E, along the North Line of said Auditor's Parcel 2017096, a distance of 44.93 feet, to the Northeast Corner thereof and a Point on the South Line of said Country Club Estates Third Addition; Thence N63°02'32"E, along said South Line, 147.73 feet; Thence N71 °29'03"E, along said South Line, 100.86 feet; Thence S85°39'08"E, along said South Line, 101.05 feet; Thence N70°15'16"E, along said South Line, 50.18 feet; Thence S47°19'51"E, along said South Line, 308.97 feet; Thence S45°10'38"E, along said South Line, 60.00 feet; Thence S48°59'09"E, along said South Line, 93.04 feet; Thence S30°47'23"E, along said South Line, 306.87 feet, to the Point of Beginning. Said Westside Estates Phase One contains 14.88 Acres, and is subject to easements and restrictions of record. Whereas, the Neighborhood and Development Services Department and the Public Works Resolution No. 18-20 Page 2 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. Passed and approved this 16th day of J Ma or Approved by 2018, It was moved by 'Taylor and seconded by sotchway the Resolution be adopted, and upon roll call there were: Ayes: X X X X X X X pcdhemplates/SUB17-00017 Final Plat - Resoluticn.doc.doc Nays: Absent: Botchway Cole Mims Salih Taylor Thomas Throgmorton City Clerk City Attorney's Office,h/hw It was moved by 'Taylor and seconded by sotchway the Resolution be adopted, and upon roll call there were: Ayes: X X X X X X X pcdhemplates/SUB17-00017 Final Plat - Resoluticn.doc.doc Nays: Absent: Botchway Cole Mims Salih Taylor Thomas Throgmorton Prepared by: Michael J. Pugh 425 E. Oakdale Blvd., Ste. 201 Pugh Hagan Prahm PLC Iowa City, IA 52240 SUBDIVIDER'S AGREEMENT WESTSIDE ESTATES — PHASE ONE IOWA CITY, JOHNSON COUNTY, IOWA Phone(319)351-2028 FAX (319)351-1102 THIS SUBDIVIDER'S AGREEMENT ("Agreement") is made by and between Watts Group Development, Inc., hereinafter referred to as "Subdivider", and the City of Iowa City, Iowa, a municipal corporation, hereinafter referred to as the "City". WITNESSETH IT IS, THEREFORE, HEREBY AGREED AS FOLLOWS: Section 1. Public Improvements. In consideration of the City approving the plat of Westside Estates - Phase One, Iowa City, Iowa (the "Subdivision"), the Subdivider agrees, as a covenant running with the land that, except as provided in this Agreement, the City shall not issue any building permit on any lots in said Subdivision unless and until Subdivider installs and City accepts the following improvements: (a) Concrete paving at least twenty-six (26) feet in width on all streets shown on the Final Plat for the Subdivision, except for that portion of Rohret Road located west of Sedona Street. (b) Water mains, storm sewers, and sanitary sewers as required by the City. (c) Subdivision erosion control measures as required by the City under its ordinances. (d) An eight (8) foot concrete sidewalk on Outlot "A" adjacent to Rohret Road; five (5) foot concrete sidewalks upon the trail areas within Outlot "A" in accordance with the construction plans approved by the City; and (5) foot concrete sidewalks adjacent to Sedona Street within Outlot "C". (00209363 4) k\1 -2 - The paving, storm sewers, water mains, sanitary sewers and above -referenced sidewalks are hereinafter referred to as "Improvements." Nothing in this Agreement shall be construed to impose a requirement on the City to install the original public improvements at issue herein. Nor shall the Subdivider be deemed acting on the City's agent during the original construction and installation of said Improvements. The parties agree that the obligation to install the Public Improvement(s) herein shall be in accordance with City specifications, and the obligation shall remain on the Subdivider until completion by the Subdivider, and until acceptance by the City, as provided by law. Section 2. Construction of Improvements. The Improvements described in Section 1 of this Agreement shall be constructed and installed by the Subdivider according to plans and specifications approved by the City Engineer of the City of Iowa City, who shall have the right to make occasional inspection of the work in progress. Such inspections shall not relieve or release Subdivider from its responsibility to construct said Improvements in accordance with the approved plans and specifications. Further, said inspections shall not create a duty or warranty on the part of the City that the construction of said Improvements are in compliance with said plans and specifications. Section 3. Sidewalks. Subdivider agrees to install sidewalks adjacent to all streets in the subdivision as shown on the Final Plat for Westside Estates — Phase One, except for that portion of Rohret Road east of Sedona Street. Except for sidewalks adjacent to Rohret Road, which shall be at least eight (8) feet in width, all sidewalks shall be at least five (5) feet in width and shall be constructed according to plans and specifications approved by the City Engineer and as per Sections 15-3-3; 16 -1C -I, 2, 3; 16-4-1, of the Iowa City Code of Ordinances. Except as provided herein, sidewalks shall be installed adjacent to each lot prior to the issuance of an occupancy permit for a building constructed on any lot in the subdivision and shall remain a lien on said lots until installed and released by the City and the release duly recorded in the Johnson County Recorder's Office as required by Section 14-7A-6 subparagraph 6(B), Iowa City Code of Ordinances. Section 4. Building Permits and Escrow Monies. If the Subdivider should desire a building permit for a building on any lot in said Subdivision before the Improvements have been installed, the Subdivider shall deposit with the Department of Housing and Inspection Services, in escrow, an amount equal to the estimated cost of constructing said Improvements plus ten percent (10%) thereof (hereinafter "Improvements Escrow"). The City Engineer shall determine the amount of the escrow which shall be collected for each building permit issued prior to the installation of the Improvements. In addition to the Improvements Escrow, if Subdivision Erosion Control measures have not been installed, with ground cover established by growth, the City may require, as a condition to the issuance of the first building permit for construction with the subdivision, that the Subdivider deposit in escrow with the City the sum of $2,000.00 (the "Erosion Clean-up Escrow") to assure reimbursement for the cost of cleaning public streets, storm sewers, gutters br {00209363 4} -3 - catch basins, which may be incurred by the City as a result of erosion from any lot in the Subdivision. The Subdivider shall be responsible for the cost of any such clean-up; and to the extent that the Subdivider fails to accomplish erosion clean-up after reasonable notice from the City, the City is hereby authorized but not obligated to do the work and to charge the cost thereof to the Erosion Clean-up Escrow, if adequate, and to charge any excess costs to the Subdivider. If the Erosion Clean-up Escrow is insufficient to pay the costs incurred by the City, the Subdivider shall promptly reimburse the City for the excess costs incurred. The unused balance of the Erosion Clean-up Escrow shall be returned to the Subdivider after erosion control measures have been installed, and ground cover has been established by growth. After the Erosion Clean-up and Improvements Escrows have been established, the Building Inspector of the City is authorized to issue a building permit, if the applicant is in compliance with all other applicable requirements and ordinances of the City. Section 5. Occupancy Permit. Prior to the issuance of an occupancy permit for any structure erected pursuant to Section 4, the City in its discretion may require the Subdivider, its assigns or successors in interest, to construct and install the Improvements as stated in Section 1 and the sidewalks as stated in Section 3. Section 6. Use of Escrow Monies. If, after the issuance of an occupancy permit, the Improvements have not been constructed and installed, the City may use funds deposited in the Improvements Escrow to construct and install such Improvements. If the cost of the construction and installation of said Improvements exceeds the amount of said escrows, the City shall have a lien and charge against all the lots in the subdivision for the balance of the cost. After the construction and installation of the Improvements, the City shall refund to the Subdivider any Improvements Escrow monies not used by the City for the construction and installation of such Improvements. Section 7. Waiver. If the Subdivider, its assigns or successors in interest, sells or conveys lots in the Subdivision without first constructing or installing the required Improvements or sidewalks, the City shall have the right to install and construct said Improvements or sidewalks. Subdivider acknowledges and agrees that all lots in the subdivision are specifically benefited by the Improvements, so the cost of installing and constructing Improvements shall be a lien and charge against all the lots in the subdivision under Chapter 384 of the 2017 Code of Iowa, as amended. Further, the cost of such costs need not meet the requirements of notice, benefit or value as provided by the law of the State of Iowa for assessing such Improvements. The cost of installing the sidewalks shall be a lien on each lot. It is further agreed that this requirement to construct said Improvements and sidewalks is and shall remain a lien from date of execution and recording of this agreement until properly released, as hereinafter provided. Section 8. Release. {00209363 41 The City agrees that when the Improvements have been installed as required to the satisfaction of the City, the City will, upon request, promptly issue to the Subdivider, for recording in the Office of the Johnson County Recorder, a good and sufficient release for the lots in the subdivision so that this Agreement will not constitute a cloud upon the title of the lots in the subdivision. The Iowa City Mayor and City Clerk are hereby authorized to execute said release, and all other necessary and appropriate releases, with the concurrence of the City Attorney and City Engineer. A separate sidewalk lien release will be issued where appropriate as set forth in Section 3. This section also authorizes the execution of one or more limited release agreements, based on the escrows for improvements as contemplated by Section 4 above and as may be acceptable to the City. Section 9. Street Maintenance and Public Services. The Subdivider agrees that public services, including but not limited to street maintenance, snow removal, and solid waste collection, will not be extended to the subdivision until all streets within the Subdivision as shown on the Final Plat for same are installed and accepted by the City, except for that portion of Rohret Road extending east of Sedona Street. Section 10. Neighborhood Open Space. Westside Estates — Phase One was originally planned as an additional phase to the adjacent Country Club Estates subdivision. The City's Neighborhood Open Space Ordinance requirement for Westside Estates — Phase One was satisfied with the dedication of 4.7 acres of parkland as part of the phased subdivision of Country Club Estates. Accordingly, no additional neighborhood open space is required for this subdivision. Section 11. Miscellaneous. (a) All electrical, telephone and cable television service and distribution lines shall be installed underground. (b) Prior to issuance of any building permit for any lot in the subdivision, Subdivider shall pay to the City a water main extension fee in the amount of $6,472.80 ($435 per acre for 14.88 acres). (c) Plat notes and surveyor's notes on plats serve to provide notice of how a subdivision is expected to develop. Said notes are not intended to create any vested private interest in any stated use restriction or covenant, or create any third party beneficiaries to any noted use restriction or covenant. The City reserves the right, in its sole discretion, subject to any applicable public notice and approval process required by law, to alter or amend any plat note, or to sell or vacate any right-of-way, street, alley, park, easement, open area or other land set apart and dedicated for public use within the plat. The City further reserves the right, upon request of the owner or successor in interest, to vacate the plat and/or relocate any easement, alter lot boundaries or allow said land to be replatted subject to any applicable public notice and approval process required by law. (d) The parties agree that Westside Estates - Phase One shall be served by the Stormwater Detention Facility ("Facility") located on Outlet "C" of Country Club Estates {00209363 41 �\ -5 - Third Addition, pursuant to an Ofd Site Storm Water Detention Easement Agreement between Subdivider and Country Club Estates Homeowners Association. (e) Subdivider acknowledges that it is bound by the terms and conditions of the Conditional Zoning Agreement entered into by and among Watts Group Construction (Subdivider's predecessor in interest), S&J Development LLP, and the City, recorded 9 -aa - - in BookS� at Page 911, of the records of Johnson County, Iowa. (f) Subdivider shall have the obligation to pay fifty percent (50%) of the cost of improving Rohret Road adjacent to the subdivision. The total estimated cost of improving Rohret Road for Westside Estates — Phase One is $322,243.00, of which Subdivider is required to pay $161,121.50 as provided herein. Prior to the issuance of a building permit for any lot in Westside Estates — Phase One, Subdivider shall pay to the City the sum of $161,121.50 for the cost of improving Rohret Road from the westerly right-of-way line of Sedona Street, to the westerly edge of the Subdivision, or provide a letter of credit for the same amount. Such letter of credit shall provide that the City shall have the right to draw on such letter of credit on demand. Should the letter of credit provided by Subdivider in connection with the improvement of Rohret Road expire prior to Subdivider satisfying its payment obligations hereunder in full, Subdivider shall nevertheless remain obligated to satisfy its payment obligations to the City in connection with the improvement of Rohret Road. Subdivider shall be required to pay half the costs of improving Rohret Road adjacent to the second phase of development for the subdivision, currently planned as Westside Estates — Phase Two. (g) Outlet "A" shall be private open space to be used for access, underground utility, storm sewer, sanitary sewer and trail easements. Outlet "C" shall private open space and be used for drainage, sanitary and storm sewer easement purposes. Both outlots shall be maintained and managed initially by Subdivider, and then subsequently transferred to a homeowner's association to be organized to maintain the common areas within the Subdivision. Section 12. Binding Effect. This Agreement shall inure to the benefit and bind the successors and assigns of the respective parties hereto and shall be construed as a covenant running with the title to the lots within the subdivision. [REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK] {00209363 4} �\ [Signature page to Subdivider's Agreement] Dated this "I day of January, 2018. WATTS GR U� DEVELOPMENT, INC. By: Gary Watts, President STATE OF IOWA, COUNTY OF JOHNSON) ss: This instrument was acknowledged before me on this 1P day of January, 2018, by Gary D. Watts, as President of Watts Group De 1 pment, Inc. �.� ROSEMARY IRLBECK Notary Public in and for aid 'tate ? : Commission Number 779206 MyC�mrd we Ji PgExpires a {00209363} -7 - [Signature page to Subdivider's Agreement] CITY OF IOWA CITY, IOWA By: 42:,.! Pm Throgmorton, M yor ATTEST: By: Kellie Fruehling,ity Clerk STATE OF IOWA, COUNTY OF JOHNSON) ss: On this ��1day of January, 2018 before me, the undersigned, a Notary Public in and for said County and State, personally appeared Jim Throgmorton and Kellie Fruehling, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa, a municipal Corporation; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and the instrument was signed and sealed on behalf of the corporation by authority of its City Council, and the said Mayor and City Clerk did acknowledge the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. Notary Public in and for aid State Oeulra CHRISTINE OLNEY c RR Commission Number 806232 z ,� (�My Po mission Expires -1 {00209363 41 `` Prepared by: Michael J. Pugh 425 E. Oakdale Blvd., Ste. 201 Phone (319) 351-2028 Pugh Hagan Prahm, PLC Coralville, IA 52241 FAX (319) 351-1102 OWNER'S CERTIFICATE AND DEDICATION WESTSIDE ESTATES - PHASE ONE IOWA CITY, JOHNSON COUNTY, IOWA KNOW ALL MEN BY THESE PRESENTS: Watts Group Development, Inc., does hereby certify and state that it is the owner of the following described real estate situation in Johnson County, Iowa, to -wit: See Exhibit "A" Watts Group Development, Inc., does further state that the subdivision of said real estate as it appears on the Final Plat of Westside Estates - Phase One to which this certification and dedication is attached, is with its free consent and in accordance with the desire of said proprietor. The streets and easements in the subdivision, hereinafter known and designated as Westside Estates - Phase One, Iowa City, Iowa, are hereby dedicated to the public, as provided by Chapter 354 of the 2017 Code of Iowa as amended. IN WITNESS WHEREOF, the proprietors have caused these presents to be signed on this 14+"h day of January, 2018. [Signature pages follow] (00209436) [Signature page to Owner's Certificate and Dedication] WATTS GROUP DEVELOPMENT, INC. By: Gary Watts, President STATE OF IOWA, COUNTY OF JOHNSON) ss: ��// This instrument was acknowledged before me on this 0, day of January, 2018, by Gary D. Watts, as President of Watts Group Development, Inc. tw]L\,� 4-z�— ROSEMARY IRLBECK Notary Public in and f4 said State 4 $ t Commission Number 779206 MyCornmissi� r� 6:pires {00209436} (00209436) EXHIBIT "A" LEGAL DESCRIPTION WESTSIDE ESTATES - PHASE ONE AUDITOR'S PARCEL 2017096, AND A PORTION OF AUDITOR'S PARCEL 2017097 LYING WITHIN A PORTION OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER AND A PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER, BOTH OF SECTION 13, AND A PORTION OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER, AND A PORTION OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER, BOTH OF SECTION 24, ALL OF TOWNSHIP 79 NORTH, RANGE 7 WEST, OF THE FIFTH P.M., IOWA CITY, JOHNSON COUNTY, IOWA, DESCRIBED AS FOLLOWS: Beginning at the Southerly most Comer of Country Club Estates Third Addition, to Iowa City, Iowa, in accordance with the Plat thereof Recorded in Plat Book 54 at Page 221 of the Records of the Johnson County Recorder's Office, and the Southeast Comer of Auditor's Parcel 2017097, in accordance with the Plat thereof Recorded in Plat Book 61 at Page 214 of the Records of the Johnson County Recorder's Office; Thence S58°42'24"W, along the South Line of said Auditor's Parcel 2017097, a distance of 111.34 feet; Thence S58°29'36"W, along said Southerly Line, 740.05 feet; Thence N31°30'24"W, 168.00 feet; thence N24°35'25"W, 95.00 feet; Thence N18043'22"W, 130.00 feet; Thence Southwesterly 34.86 feet along a 1720.00 foot radius curve, concave Northwesterly, whose 34.86 foot chord bears S71°51'28"W; thence N17°33'42"W, 185.49 feet; Thence S71°25'19"W, 9.19 feet; Thence N17°13'08"W, 123.70 feet; Thence Southwesterly 1.92 feet, along a 1411.00 foot radius curve, concave Northwesterly, whose 1.92 foot chord bears S72°49'13"W; Thence N17°08'27"W, 188.90 feet, to a Point on the South Line of said Country Club Estates Third Addition; Thence N69°45'38"E, along said South Line, 76.89 feet; Thence N63°15'46"E, along said South Line, 112.85 feet, to the Northwest Comer of Auditor's Parcel 2017096, in accordance with the Plat thereof Recorded in Plat Book 61 at Page 213 of the Records of the Johnson County Recorder's Office; Thence N62°34'51"E, along the North Line of said Auditor's Parcel 2017096, a distance of 44.93 feet, to the Northeast Corner thereof and a Point on the South Line of said Country Club Estates Third Addition; Thence N63°02'32"E, along said South Line, 147.73 feet; Thence N71°29'03"E, along said South Line, 100.86 feet; Thence S85°39'08"E, along said South Line, 101.05 feet; Thence N70°15'16"E, along said South Line, 50.18 feet; Thence S47°19'51"E, along said South Line, 308.97 feet; Thence S45°10'38"E, along said South Line, 60.00 feet; Thence S48°59'09"E, along said South Line, 93.04 feet; Thence S30°47'23"E, along said South Line, 306.87 feet, to the Point of Beginning. Said Westside Estates Phase One contains 14.88 Acres, and is subject to easements and restrictions of record. (00209436) (00209436) CERTIFICATE OF COUNTY TREASURER WESTSIDE ESTATES - PHASE ONE IOWA CITY, IOWA I, the undersigned, Treasurer of Johnson County, Iowa or deputy thereof, hereby certify that the following described property, also known as Westside Estates - Phase One, Iowa City, Iowa, is free from taxes or special assessments in the office of the Treasurer of Johnson County, Iowa: See Exhibit "A". Dated at Iowa City, Iowa this I7_41 day of January, 2018. 6`r • 1 f .�r\' I y � Thomas L. Kriz, Treasurer of Johnson County, Iowa Parcel Nos.: 1113457003 and 1113451007 (00209454) \\1 EXHIBIT "A" Legal Description Westside Estates - Phase One Iowa City, Iowa AUDITOR'S PARCEL 2017096, AND A PORTION OF AUDITOR'S PARCEL 2017097 LYING WITHIN A PORTION OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER AND A PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER, BOTH OF SECTION 13, AND A PORTION OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER, AND A PORTION OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER, BOTH OF SECTION 24, ALL OF TOWNSHIP 79 NORTH, RANGE 7 WEST, OF THE FIFTH P.M., IOWA CITY, JOHNSON COUNTY, IOWA, DESCRIBED AS FOLLOWS: Beginning at the Southerly most Comer of Country Club Estates Third Addition, to Iowa City, Iowa, in accordance with the Plat thereof Recorded in Plat Book 54 at Page 221 of the Records of the Johnson County Recorder's Office, and the Southeast Comer of Auditor's Parcel 2017097, in accordance with the Plat thereof Recorded in Plat Book 61 at Page 214 of the Records of the Johnson County Recorder's Office; Thence S58°42'24"W, along the South Line of said Auditor's Parcel 2017097, a distance of 111.34 feet; Thence S58°29'36"W, along said Southerly Line, 740.05 feet; Thence N31°30'24"W, 168.00 feet; thence N24°35'25"W, 95.00 feet; Thence N18°43'22"W, 130.00 feet; Thence Southwesterly 34.86 feet along a 1720.00 foot radius curve, concave Northwesterly, whose 34.86 foot chord bears S71°51'28"W; thence N17°33'42"W, 185.49 feet; Thence S71°25'19"W, 9.19 feet; Thence N17°13'08"W, 123.70 feet; Thence Southwesterly 1.92 feet, along a 1411.00 foot radius curve, concave Northwesterly, whose 1.92 foot chord bears S72°49'13"W; Thence NI7°08'27"W, 188.90 feet, to a Point on the South Line of said Country Club Estates Third Addition; Thence N69°45'38"E, along said South Line, 76.89 feet; Thence N63°15'46"E, along said South Line, 112.85 feet, to the Northwest Comer of Auditor's Parcel 2017096, in accordance with the Plat thereof Recorded in Plat Book 61 at Page 213 of the Records of the Johnson County Recorder's Office; Thence N62°34'51"E, along the North Line of said Auditor's Parcel 2017096, a distance of 44.93 feet, to the Northeast Corner thereof and a Point on the South Line of said Country Club Estates Third Addition; Thence N63°02'32"E, along said South Line, 147.73 feet; Thence N71°29'03"E, along said South Line, 100.86 feet; Thence S85°39'08"E, along said South Line, 101.05 feet; Thence N70015'16"E, along said South Line, 50.18 feet; Thence S47°19'51"E, along said South Line, 308.97 feet; Thence S45°10'38"E, along said South Line, 60.00 feet; Thence S48°59'09"E, along said South Line, 93.04 feet; Thence S30*47'23"E, along said South Line, 306.87 feet, to the Point of Beginning. Said Westside Estates Phase One contains 14.88 Acres, and is subject to easements and restrictions of record. (00209454) I CERTIFICATE OF COUNTY AUDITOR WESTSIDE ESTATES - PHASE ONE IOWA CITY, IOWA I, Travis Weipert, the Johnson County, Iowa, Auditor, hereby approve of Westside Estates - Phase One, as a succinct and unique name for the subdivision containing the following described real estate located in Johnson County, Iowa: AUDITOR'S PARCEL 2017096, AND A PORTION OF AUDITOR'S PARCEL 2017097 LYING WITHIN A PORTION OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER AND A PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER, BOTH OF SECTION 13, AND A PORTION OF T14E NORTHWEST QUARTER OF THE NORTHEAST QUARTER, AND A PORTION OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER, BOTH OF SECTION 24, ALL OF TOWNSHIP 79 NORTH, RANGE 7 WEST, OF THE FIFTH P.M., IOWA CITY, JOHNSON COUNTY, IOWA, DESCRIBED AS FOLLOWS: Beginning at the Southerly most Comer of Country Club Estates Third Addition, to Iowa City, Iowa, in accordance with the Plat thereof Recorded in Plat Book 54 at Page 221 of the Records of the Johnson County Recorder's Office, and the Southeast Corner of Auditor's Parcel 2017097, in accordance with the Plat thereof Recorded in Plat Book 61 at Page 214 of the Records of the Johnson County Recorder's Office; Thence S58°42'24"W, along the South Line of said Auditor's Parcel 2017097, a distance of 111.34 feet; Thence S58°29'36"W, along said Southerly Line, 740.05 feet; Thence N31°30'24"W, 168.00 feet; thence N24°35'25"W, 95.00 feet; Thence N18°43'22"W, 130.00 feet; Thence Southwesterly 34.86 feet along a 1720.00 foot radius curve, concave Northwesterly, whose 34.86 foot chord bears S71°51'28"W; thence N17033'42"W, 185.49 feet; Thence S71°25'19"W, 9.19 feet; Thence N17°13'08"W, 123.70 feet; Thence Southwesterly 1.92 feet, along a 1411.00 foot radius curve, concave Northwesterly, whose 1.92 foot chord bears S72°49'13"W; Thence N17°08'27"W, 188.90 feet, to a Point on the South Line of said Country Club Estates Third Addition; Thence N69°45'38"E, along said South Line, 76.89 feet; Thence N63*15'46"E, along said South Line, 112.85 feet, to the Northwest Comer of Auditor's Parcel 2017096, in accordance with the Plat thereof Recorded in Plat Book 61 at Page 213 of the Records of the Johnson County Recorder's Office; Thence N62°34'51"E, along the North Line of said Auditors Parcel 2017096, a distance of 44.93 feet, to the Northeast Comer thereof and a Point on the South Line of said Country Club Estates Third Addition; Thence N63°02'32"E, along said South Line, 147.73 feet; Thence N71°29'03"E, along said South Line, 100.86 feet; Thence S85°39'08"E, along said South Line, 101.05 feet; Thence N70°15'16"E, along said South Line, 50.18 feet; Thence S47019'51"E, along said South Line, 308.97 feet; Thence S45°10'38"E, along said South Line, 60.00 feet; Thence S48°59'09"E, along said South Line, 93.04 feet; Thence S30°47'23"E, along said South Line, 306.87 feet, to the Point of Beginning. Said Westside Estates Phase One contains 14.88 Acres, and is subject to easements and restrictions of record. (0021er11) \k Witness my hand and seal this IaMday of January, 2018. Travis Weipert, .Johnson Courfty Aruditor papaT Subscribed and swom to before me this LWVday of January, 2018, by Travis Weipert, Johnson County Auditor. Pb±t 'j (t��S Notary Public in and for the State of Iowa My Commission Expires: 4-$-1 9 ��w�cSF PATRICIA SHERMAN zo Commission Number 7778/4 x • my commission EAAies �eWr' 'T"1 O `: t0021571 1) Prepared by: Michael J. Pugh 425 E. Oakdale Blvd., Ste. 201 Phone (319) 351-2028 Pugh Hagan Prahm, PLC Coralville, IA 52241 FAX (319) 351-1102 OPINION OF ATTORNEY WESTSIDE ESTATES - PHASE ONE IOWA CITY, JOHNSON COUNTY, IOWA 1, Michael J. Pugh, a regular practicing attorney in Coralville, Johnson County, Iowa, do hereby certify that I have examined an Abstract of Title to the following described real estate, to -wit: AUDITOR'S PARCEL 2017096, AND A PORTION OF AUDITOR'S PARCEL 2017097 LYING WITHIN A PORTION OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER AND A PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER, BOTH OF SECTION 13, AND A PORTION OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER, AND A PORTION OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER, BOTH OF SECTION 24, ALL OF TOWNSHIP 79 NORTH, RANGE 7 WEST, OF THE FIFTH P.M., IOWA CITY, JOITNSON COUNTY, IOWA, DESCRIBED AS FOLLOWS: Beginning at the Southerly most Comer of Country Club Estates Third Addition, to Iowa City, Iowa, in accordance with the Plat thereof Recorded in Plat Book 54 at Page 221 of the Records of the Johnson County Recorder's Office, and the Southeast Corner of Auditor's Parcel 2017097, in accordance with the Plat thereof Recorded in Plat Book 61 at Page 214 of the Records of the Johnson County Recorder's Office; Thence S58°42'24"W, along the South Line of said Auditor's Parcel 2017097, a distance of 111.34 feet; Thence S58°29'36"W, along said Southerly Line, 740.05 feet; Thence N31°30'24"W, 168.00 feet; thence N24°35'25"W, 95.00 feet; Thence N18°43'22"W, 130.00 feet; Thence Southwesterly 34.86 feet along a 1720.00 foot radius curve, concave Northwesterly, whose 34.86 foot chord bears S71°51'28"W; thence N17°33'42"W, 100209452 21 2 185.49 feet; Thence S71°25'19"W, 9.19 feet; Thence N17°13108"W, 123.70 feet; Thence Southwesterly 1.92 feet, along a 1411.00 foot radius curve, concave Northwesterly, whose 1.92 foot chord bears S72°49'13"W; Thence N17°08'27"W, 188.90 feet, to a Point on the South Line of said Country Club Estates Third Addition; Thence N69°45'38"E, along said South Line, 76.89 feet; Thence N63°15'46"E, along said South Line, 112.85 feet, to the Northwest Corner of Auditor's Parcel 2017096, in accordance with the Plat thereof Recorded in Plat Book 61 at Page 213 of the Records of the Johnson County Recorder's Office; Thence N62°34'51 "E, along the North Line of said Auditor's Parcel 2017096, a distance of 44.93 feet, to the Northeast Corner thereof and a Point on the South Line of said Country Club Estates Third Addition; Thence N63°02'32"E, along said South Line, 147.73 feet; Thence N71°29'03"E, along said South Line, 100.86 feet; Thence S85°39'08"E, along said South Line, 101.05 feet; Thence N70°15'16"E, along said South Line, 50.18 feet; Thence S47°19'51"E, along said South Line, 308.97 feet; Thence S45°10'38"E, along said South Line, 60.00 feet; Thence S48°59'09"E, along said South Line, 93.04 feet; Thence S30°47'23"E, along said South Line, 306.87 feet, to the Point of Beginning. Said Westside Estates Phase One contains 14.88 Acres, and is subject to easements and restrictions of record. It is hereby certified that fee simple title to said property, to become part of the subdivision to be known known as Westside Estates - Phase One, Iowa City, Johnson County, Iowa, is in Watts Group Development, Inc., free and clear from all liens, except for the following mortgage lien: A mortgage in favor of MidWestOne Bank, which mortgage is dated November 6, 2017, and recorded November 13, 2017,.in Book 5723, Pag 918, of the records of the Recorder of Johnson County, Iowa. Dated at Coralville, Iowa, this /2 day of January, 2018. &�4- A,-Z� Michael J. Pugh Pugh Hagan Prahm PL 425 E. Oakdale Blvd., Suite 201 Coralville, IA 52241 (319) 351-2028 Phone 100209452 2) \` Prepared by: Michael J. Pugh 425 E. Oakdale Blvd., Suite 201 Phone: (319) 351-2028 Pugh Hagan Prahm PLC Coralville, IA 52241 Fax: (319) 351-1102 CONSENT OF MORTGAGEE TO SUBDIVISION WESTSIDE ESTATES - PHASE ONE Iowa City, Iowa The undersigned, MidWestOne Bank, is the Mortgagee of a Mortgage from Watts Group Development, Inc.., dated November 6, 2017, and recorded November 13, 2017, in Book 5723, Page 918, of the records of the Recorder of Johnson County, Iowa. Said Mortgage records therein that property to be designated as Westside Estates — Phase One, Iowa City, Johnson County, Iowa, and legally described on the attached Exhibit "A". That the undersigned Mortgagee, pursuant to the provisions of Chapter 354, Code of Iowa, does hereby consent to the platting of this subdivision by Watts Group Development, Inc. and does hereby release from said mortgage all streets, easements, outlots or other areas to be conveyed or dedicated to the City of Iowa City, Iowa, or the Westside Estates Homeowner's Association. Dated this _]_[� day of January, 2018. STATE OF IOWA, JOHNSON COUNTY, ss: (This instrument 1was acknowl d ed efore me on this � day of January, 2018, by l` 0�and GVIQ�Q� % as EVP and Vp o 1dWestOneBank. IW �unt a NIKOLA A PROM WIt"a Commission Number 708282 (00229916) �, r My Commission Explms a3 ALa Not ry P blic in and for State of Iowa EXHIBIT A Legal Description AUDITOR'S PARCEL 2017096, AND A PORTION OF AUDITOR'S PARCEL 2017097 LYING WITHIN A PORTION OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER AND A PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER, BOTH OF SECTION 13, AND A PORTION OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER, AND A PORTION OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER, BOTH OF SECTION 24, ALL OF TOWNSHIP 79 NORTH, RANGE 7 WEST, OF THE FIFTH P.M., IOWA CITY, JOHNSON COUNTY, IOWA, DESCRIBED AS FOLLOWS: Beginning at the Southerly most Corner of Country Club Estates Third Addition, to Iowa City, Iowa, in accordance with the Plat thereof Recorded in Plat Book 54 at Page 221 of the Records of the Johnson County Recorder's Office, and the Southeast Corner of Auditor's Parcel 2017097, in accordance with the Plat thereof Recorded in Plat Book 61 at Page 214 of the Records of the Johnson County Recorder's Office; Thence S58°42'24"W, along the South Line of said Auditor's Parcel 2017097, a distance of 111.34 feet; Thence S58°29'36"W, along said Southerly Line, 740.05 feet; Thence N3 ] °30'24"W, 168.00 feet; thence N24°35'25"W, 95.00 feet; Thence NI 8-43'22"W, 130.00 feet; Thence Southwesterly 34.86 feet along a 1720.00 foot radius curve, concave Northwesterly, whose 34.86 foot chord bears S71°51'28"W; thence N17°33'42"W, 185.49 feet; Thence S71°25'19"W, 9.19 feet; Thence N17°13'08"W, 123.70 feet; Thence Southwesterly 1.92 feet, along a 1411.00 foot radius curve, concave Northwesterly, whose 1.92 foot chord bears S72°49'13"W; Thence N17°08'27"W, 188.90 feet, to a Point on the South Line of said Country Club Estates Third Addition; Thence N69°45'38"E, along said South Line, 76.89 feet; Thence N63°15'46"E, along said South Line, 112.85 feet, to the Northwest Corner of Auditor's Parcel 2017096, in accordance with the Plat thereof Recorded in Plat Book 61 at Page 213 of the Records of the Johnson County Recorder's Office; Thence N62°34'51 "E, along the North Line of said Auditor's Parcel 2017096, a distance of 44.93 feet, to the Northeast Corner thereof and a Point on the South Line of said Country Club Estates Third Addition; Thence N63°02'32"E, along said South Line, 147.73 feet; Thence N71°29'03"E, along said South Line, 100.86 feet; Thence S85°39'08"E, along said South Line, 101.05 feet; Thence N70°15'16"E, along said South Line, 50.18 feet; Thence S47°19'51"E, along said South Line, 308.97 feet; Thence S45°10'38"E, along said South Line, 60.00 feet; Thence S48°59'09"E, along said South Line, 93.04 feet; Thence S30°47'23"E, along said South Line, 306.87 feet, to the Point of Beginning. Said Westside Estates Phase One contains 14.88 Acres, and is subject to easements and restrictions of record. (00229916) Prepared by: Michael J. Pugh 425 E. Oakdale Blvd., Suite 201 Phone (319) 351-2028 Pugh Hagan Prahm PLC Coralville, IA 52241 FAX (319) 351-1102 UNDERGROUND UTILITY EASEMENT WESTSIDE ESTATES — PHASE ONE IOWA CITY, JOHNSON COUNTY, IOWA In consideration of the approval of the Final Plat of Westside Estates — Phase One, Iowa City, Johnson County, Iowa, the undersigned owner hereby grants to MidAmerican Energy Co., CenturyLink, Mediacom, and Eastern Iowa Light and Power, and their successors (hereinafter collectively "Grantees") a perpetual easement upon, over, under, along and across the areas designated on the Final Plat of Westside Estates — Phase One, Iowa City, Johnson County, Iowa, as "Utility Easement" as located within the Subdivision. The Grantees of this easement shall have the right to install, lay, construct, reconstruct, renew, operate, maintain and remove conduits, cables, pipes, electric lines below the surface of the ground, and other equipment or appurtenances above the surface of the ground as may be necessary for the purpose of serving the Subdivision and other property with electricity, gas, and communication service; the right to trim, cut down and remove such trees, brush, saplings and bushes as may interfere with the proper construction, maintenance, operation or removal of said facilities, equipment and appurtenances; and the right of ingress and egress for all of the purposes aforesaid. Grantees shall promptly backfill any trench made by them, and repair any damages caused by them within the easement areas. Grantor, its successors in interest and assigns, reserves the right to use said easement areas for purposes which will not interfere with the Grantee's full enjoyment of rights hereby granted; provided that Grantor shall not erect or construct any reservoir, retaining wall or other obstruction on said areas, or diminish or substantially add to the ground cover over said easement areas. No permanent dwellings or trees shall be placed on the areas so designated for utility easement but, with advance written authorization from the Grantee's representatives, the same may be used for gardens, shrubs, minor landscaping and other purposes that do not then or later interfere with the aforesaid uses or the rights herein granted. Grantees' rights, however, include the right to remove and/or clear away any such gardens, shrubs, minor landscaping, bushes and plantings within the easement area without compensation to Grantor or its success in interest. (00227022) [Signature Page to Underground Utility Easement] Dated this t�- day of January, 2018. WATTS G DEVELOPMENT, INC. By: ( Gary D. Wattis, President STATE OF IOWA, COUNTY OF JOHNSON, ss: This instrument was acknowledged before me on this I"�"�day of January, 2018, by Gary D. Watts, President of Watts Group Development, Inc. ROSEMARY IRLB�-U{f Comission Number 779=J6 Comm sionfxp:r_s *"N.1y, "� {002270221 {00227022} D Notary Public in and f r the St a of Iowa Prepared by: Michael J. Pugh 425 E. Oakdale Blvd., Suite 201 Phone (319) 351-2028 Pugh Hagan Prahm PLC Coralville, IA 52241 FAX (319) 351-1102 TEMPORARY CONSTRUCTION EASEMENT AGREEMENT WESTSIDE ESTATES — PHASE ONE IOWA CITY, JOHNSON COUNTY, IOWA THIS AGREEMENT, made and entered into by and Watts Group Development, Inc. ("Owner"), which expression shall include its successors in interest and assigns, and the City of Iowa City, Iowa (the "City"), which expression shall include its successors in interest and assigns. In consideration of their mutual promises herein, Owner and the City agree as follows: 1. Owner states and covenants that it is the Owner of certain real estate depicted as "Temporary Construction Easement" on the Final Plat of Westside Estates — Phase One, by virtue of legal and/or equitable title, that it is lawfully seized and possessed of said real estate, and that it has good and lawful right to convey this easement. 2. Owner does hereby grant and convey to the City a temporary construction easement in, over and across that portion of Owner's property described as "Temporary Construction Easement" as shown on the Final Plat of Westside Estates — Phase One (hereafter "Temporary Easement Area") for the purpose of facilitating the City's construction and installation of public right-of-way and public utilities ("Improvements"), which grant to the City shall include necessary grading, excavation, piling of dirt, regrading, restoration, storage of materials and equipment, and ingress and egress of persons and equipment to the Temporary Easement Area, as needed to complete said Improvements. 3. The term of this Temporary Construction Easement will be for the period of time required for the City to complete the construction of the improvements, but in no event shall the term extend beyond the date two (2) years after commencement of construction. 4. With respect to the Temporary Construction Easement, Owner grants the following rights: (00222011) (00222011) A. City shall have the right to make excavations within the Temporary Easement Area, and to grade as City may find reasonably necessary for the construction. City covenants and agrees to protect such excavations during construction; to promptly fill said excavations following construction; and to be liable for and hold Owner harmless from third party liability during said construction. B. City shall promptly backfill any trench made by it, and repair any damages caused by the City within the Temporary Easement Area. City shall indemnify Owner against loss or damage which occurs as a result of the City's negligent acts or omissions in the exercise of its easement rights herein. Once the Temporary Easement Area has been restored to substantially its prior condition and except as expressly provided in this Temporary Easement Agreement, City shall have no further responsibility for maintaining the Temporary Easement Area. C. City shall have the right of ingress and egress to and from the Temporary Easement Area by such route within the Temporary Easement Area as shall occasion the least practical damage -and inconvenience to Owner. D. City shall have the right to trim or remove all trees and brush which may interfere with the exercise of the City's rights pursuant to this Temporary Easement Agreement. 5. City covenants and agrees that existing driveways, fences, underground drainage the or other site features which are removed or disturbed shall, to the extent reasonably possible, be replaced by City to conform with features or items removed during construction. City further agrees that all grassed areas disturbed by the construction shall be seeded within a reasonable time after construction is complete. 6. City covenants and agrees to remove and stockpile existing topsoil from areas to be excavated, to be used in the event of any repair. Following installation of the Improvements, all area within the Temporary Easement Area which is disturbed will be graded to form a uniform slope, and topsoil shall be replaced and respread over disturbed areas, thereby restoring said area substantially to its prior condition. 7. The provisions hereof shall inure to the benefit of and bind the successors and assigns of the respective parties hereto, shall be deemed a covenant which runs with the land and with the title to the land, and shall be recorded in the Johnson County Recorder's Office, at Owner's expense. (00227011) [REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK] 100227011) [Signature page to Temporary Construction Agreement] Dated this day of January, 2018 WATTS ZGDEVELPPYENT, INC. By: Gary D. Watts, President STATE OF IOWA, COUNTY OF JOHNSON, ss: This instrument was acknowledged before me on this 1 ' day of January, 2018, by Gary D. Watts, President of Watts Group Development, Inc. •�,,,, wSEMARY IRLBEC K ssbn Number 779206mt My Cammi la Expires "6 Notary Public in and fof the State of Iowa J0022701 1) (00227011) `l [Signature page to Temporary Construction Agreement] Dated this /014 day of January, 2018 CITY OF IOWA CITY, IOWA By: Am Throgmorton, Mayor ATTEST: ') 1 By: G-2 Kellie Fruehling, Ci Clerk STATE OF IOWA, COUNTY OF JOHNSON) ss: F� l On this I day of January, 2018 before me, the undersigned, a Notary Public in and for said County and State, personally appeared Jim Throgmorton and Kellie Fruehling, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa, a municipal corporation; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and the instrument was signed and sealed on behalf of the corporation by authority of its City Council, and the said Mayor and City Clerk did acknowledge the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. 'Notary Public in and for sp State (002270111 CHRISTINE OLNEY " Commission Number 806232 * + I Com is ion xpires OWA �1 (00227011) \` Prepared by: Michael J. Pugh 425 E. Oakdale Blvd., Suite 201 Phone (319) 351-2028 Pugh Hagan Prahm PLC Coralville, JA 52241 FAX (319) 351-1102 TRAIL EASEMENT AGREEMENT WESTSIDE ESTATES—PHASE ONE IOWA CITY, JOHNSON COUNTY, IOWA THIS AGREEMENT, made and entered into by and Watts Group Development, Inc. ("Owner"), which expression shall include its successors in interest and assigns, and the City of Iowa City, Iowa (the "City"), which expression shall include its successors in interest and assigns. It is hereby agreed as follows: For the sum of $1.00 plus other valuable consideration, the receipt of which is hereby acknowledged, Owner hereby grants and conveys to the City an easement for the purpose of establishing and using a public trail over and across the area designated as "Trail Easement' as shown on the Final Plat of Westside Estates — Phase One, hereafter described as "Easement Area." Owner further grants to the City: 1. The right of grading said Easement Area for the full width thereof, and to extend the cuts and fills for such grading into and onto said lands along and outside of the said easement area to such extent as the City may find reasonably necessary. 2. The right from time to time to trim, cut down and clear away any and all trees and brush on said Easement Area and also to trim, cut down and clear away any trees on either side of said Easement Area which now or hereafter in the opinion 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 {00227017} {00227017} the City. Except as expressly provided herein, the City 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 the City's full enjoyment of the rights hereby granted; provided that the Owner shall not erect or construct any building, fence, retaining wall, or other structure, plant any trees, drill or operate any well, or construct any reservoir or other obstruction on said areas, or diminish or substantially add to the ground cover over said Easement Area. Any such improvements placed in the Easement Area, with or without City approval, may be removed by the City without compensation or replacement. 5. Owner does hereby covenant with the City that it is lawfully seized and possessed of the real estate above described, and Owner has a good and lawful right to convey it, or any part thereof. 6. Nothing in this Agreement shall be construed to impose a requirement on the City to install the original public improvement at issue herein. Nor shall 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. After a public trail is constructed by Owner on the Easement Area, Owner shall bear the responsibility of maintaining the Easement Area, including snow and ice removal and general maintenance of the trail. 7. The Owner and/or its successors in interest, which may be a homeowner's association, shall have the obligation to maintain the Easement Area. If the Owner or Owner's successors in interest fail to meet said maintenance obligations in accordance with this agreement, the City shall have the right to perform said maintenance. Owner acknowledges and agrees that all lots in the Subdivision are specifically benefited by the trail, so that the cost of said maintenance by the City shall be a lien and charge against all of the lots in the Subdivision. The cost of said maintenance need not meet the requirements of notice, benefit or value as provided by the law of the State of Iowa for assessing such improvements. 8. 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. looznoirl [REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK] (00227on) [Signature page to Trail Easement Agreement] Dated this day of January, 2018 WATTS R UP DEVELOPMENT, INC. By: W Gary D. alts, President STATE OF IOWA, COUNTY OF JOHNSON, ss: This instrument was acknowledged before me on thisL-" day of January, 2018, by Gary D. Watts, President of Watts Group Development, Inc. t .� ROSEMARY ICiLG'�^�: � Commission NumJsr i7:<�5 � My Commission :p:> ow y-3-1� (00227017) (00227017) Notary Public in and fo the St to of Iowa [Signature page to Trail Easement Agreement] Dated this / �� day of January, 2018 CITY OF IOWA CITY, IOWA By: G m Throgmorton, Ma r ATTEST: By: c G e Kellie Fruehling, Ci Clerk STATE OF IOWA, COUNTY OF JOHNSON) ss: On this I (P� day of January, 2018 before me, the undersigned, a Notary Public in and for said County and State, personally appeared Jim Throgmorton and Kellie Fruehling, to me personally known, who being by me duly swom, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa, a municipal corporation; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and the instrument was signed and sealed on behalf of the corporation by authority of its City Council, and the said Mayor and City Clerk did acknowledge the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily ex5ecpted. (00227017) Notary Public in and for6did State (00227017} o., CHRISTINE OLNEY _ �, Cmlmissian Number 806232 • _ a 1/y�omr9issi n Expires Prepared by: Michael J. Pugh 425 E. Oakdale Blvd., Suite 201 Phone (319) 351-2028 Pugh Hagan Prahm PLC Coralville, IA 52241 FAX (319) 351-1102 PUBLIC ACCESS AND FIRE APPARATUS EASEMENT AGREEMENT WESTSIDE ESTATES — PHASE ONE IOWA CITY, JOHNSON COUNTY, IOWA In consideration of $1.00 plus other valuable consideration, Watts Group Development, Inc. ("Owner") hereby grants and conveys to the City of Iowa City, Iowa ("City") an easement for the purpose of two-way traffic over and across the areas designated on the Final Plat of Westside Estates — Phase One, Iowa City, Johnson County, Iowa, as "Access Easement," hereinafter described as "easement area." Said Public Access Easement is granted under the following terms and conditions. 1. The Owner agrees that it will keep the easement area open to allow the free flow of vehicular traffic over the easement area without obstruction. 2. The Owner agrees that it or its successors and assigns, as a covenant running with the land, shall at its expense keep the easement area in good condition and shall repair and maintain the same as maybe appropriate for the purposes for which this easement has 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. 3. Notwithstanding the foregoing, the Owner, and its successors and assigns, may form a nonprofit corporation to be an Owner's Association ("Association") through which its maintenance obligations contained herein may be fulfilled. Provided further that the Owner, or its successors and assigns, may convey any portion of the real estate over which the easement runs to the Association, which conveyance will be subject to this Agreement as a covenant running with the land. 4. Owner does hereby covenant with the City that it is lawfully seized and possessed of the real estate above described, and Owner has a good and lawful right to convey it, or any part thereof. 5. Nothing in this Agreement shall be construed to impose a requirement on the City to install the original public improvement at issue herein. Owner shall not be deemed acting as the {00227058} 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 the obligation shall remain on Owner until completion by Owner, and until acceptance by the City, as by law provided. 6. This Easement includes the following: a. City service vehicles are granted a means of ingress, egress, and passage over the access easement area. b. The City's police department is authorized to ticket, tow, or cause to be towed, pursuant to the Code of Iowa, as amended, any motor vehicle that has been parked or placed upon the easement area in violation of the parking laws of the City and the 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 the easement and agreement of record as its sole obligation to notify all persons who may improperly park on said easementlaccess areas. C. 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 provisions hereof shall inure to the benefit of and bind the successors and assigns of the undersigned, and all covenants shall apply to and run with the land and with the title to the land. [Signature pages to follow] tooznosa) [Signature page to Public Access and Fire Apparatus Easement Agreement] Dated January 2018 WATTS GR i1� D�E/V�E/L�OPMENT, INC. By: Gary D. Watts, President STATE OF IOWA, COUNTY OF JOHNSON, ss: This instrument was acknowledged before me on this O'day of January, 2018, by Gary D. Watts, President of Watts Group Development, Inc. ROSEMARY IRLBECK commission Number 779206 my commtssio Expires Notary Public in and for he Sta a of Iowa (00227058) [Signature page to Public Access and Fire Apparatus Easement Agreement] Dated this i6*/t day of January, 2018 CITY OF IOWA CITY, IOWA By: Pin Throgmorton, Maydr ATTEST: By. Kellie Fruehling, Cil Clerk STATE OF IOWA, COUNTY OF JOHNSON) ss: On this /101-1-1lay of January, 2018 before me, the undersigned, a Notary Public in and for said County and State, personally appeared Jim Throgmorton and Kellie Fruehling, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa, a municipal corporation; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and the instrument was signed and sealed on behalf of the corporation by authority of its City Council, and the said Mayor and City Clerk did acknowledge the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. Notary Public in and f aid State �� CHRISTINE OLNEY " CommiasionNumber806232 t My commi ion Expires -5- (00227058) Prepared by: Michael J. Pugh 425 E. Oakdale Blvd., Suite 201 (319) 351-2028 Pugh Hagan Prahm PLC Coralville, IA 52241 Fax: (319) 351-1102 SANITARY SEWER EASEMENT AGREEMENT WESTSIDE ESTATES — PHASE ONE IOWA CITY, JOHNSON COUNTY, IOWA THIS AGREEMENT, made and entered into by and between Watts Group Development, Inc. ("Owner"), which expression shall include its successors in interest and assigns, and the City of Iowa City, Iowa (the "City"), which expression shall include its successors in interest and assigns. It is hereby agreed as follows: For the sum of $1.00 plus other valuable consideration, the receipt of which is hereby acknowledged, Owner hereby grants and conveys to the City an easement for the purposes of excavating for and the installation, replacement, maintenance and use of such sewage lines, pipes, mains, and conduits as the City shall from time to time elect for conveying sewage, with all necessary appliances and fittings, for the use in connection with said lines, together with adequate protection therefor, and also a right of way, with the right of ingress and egress thereto, over and across the area designated as "Sanitary Sewer Easement' as shown on the Final Plat of Westside Estates — Phase One, hereafter described as "easement area." Owner further grants to the City: 1. The right of grading said easement areas for the full width thereof, and to extend the cuts and fills for such grading into and onto said lands along and outside of the said easement areas to such extent as the City may find reasonably necessary. 2. The right from time to time to trim, cut down and clear away any and all trees and brush on said easement areas and also to trim, cut down and clear away any trees on either side of said easement areas which now or hereafter in the opinion of the City may be a hazard to said (00227088) \\ easement areas, or which may interfere with the exercise of the City's rights hereunder in any manner. 3. The right to enter onto land beyond the easement area to conduct emergency repairs that may extend beyond the easement area, without obtaining a separate temporary easement. City's right to do such work shall be effective only upon City's prior notice to owners and with minimal disruption of the area. The City shall promptly backfill any trench made by it, and repair any damages caused by the City within the easement areas. The City shall indemnify Owner against unreasonable loss or damage which may occur in the negligent exercise of the easement rights by the City. Except as expressly provided herein, the City shall have no responsibility for maintaining the easement areas. Owner reserves the right to use said easement areas for purposes which will not interfere with the City's full enjoyment of the rights hereby granted; provided that the Owner shall not erect or construct any building, fence, retaining wall, or other structure, plant any trees, drill or operate any well, or construct any reservoir or other obstruction on said areas, or diminish or substantially add to the ground cover over said easement areas. Any such improvements placed in the easement area, with or without City approval, may be removed by the City without compensation or replacement. Owner does hereby covenant with the City that it is lawfully seized and possessed of the real estate above described, and Owner has a good and lawful right to convey it, or any part thereof. Nothing in this Agreement shall be construed to impose a requirement on the City to install the original public improvement at issue herein. Nor shall Owner be deemed acting as the City's agent during the original construction and installation of said improvement. Parties agree that the obligation to install the public improvement(s) herein shall be in accordance with City specifications, and the obligation shall remain on Owner until completion by Owner, and until acceptance by the City, as by law provided. The provisions hereof shall inure to the benefit of and bind the successors and assigns of the respective Parties hereto, and all covenants shall apply to and run with the land and with the title to the land. [The remainder of this page is intentionally blank. Signatures follow.] 100227088) [Signature page to Sanitary Sewer Easement Agreement] Dated this day of January, 2018 WATTS G /DEVELOPMENT, INC. By: Gary D. Watts, President STATE OF IOWA, COUNTY OF JOHNSON, ss: This instrument was acknowledged before me on this Aday of January, 2018, by Gary D. Watts, President of Watts Group Development, Inc. .� ROSEMARY ICtLE?�f"C Notary Public in and fort a State of Iowa Commission Numb.. i - MyCo mi sic. w �_� (00227088) [Signature page to Sanitary Sewer Easement Agreement] Dated this J(64 day of January, 2018 CITY OF IOWA CITY, IOWA By: G im Throgmorton, Mayor ATTEST: By: Kellie Fruehling, City Clerk STATE OF IOWA, COUNTY OF JOHNSON) ss: On the VJ day of January, 2018 before me, the undersigned, a Notary Public in and for said County and State, personally appeared Jim Throgmorton and Kellie Fruehling, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa, a municipal corporation; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and the instrument was signed and sealed on behalf of the corporation by authority of its City Council, and the said Mayor and City Clerk did acknowledge the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. Notary Public in and for 6A State L'8:440' CHRISTINEOLNEY Commission Number 808232 my Commis;i n Expires wA -S- 100227088} N\ Prepared by: Michael J. Pugh 425 E. Oakdale Blvd., Suite 201 Phone (319) 351-2028 Pugh Hagan Prahm PLC Coralville, IA 52241 FAX (319) 351-1102 STORM SEWER AND DRAINAGE EASEMENT WESTSIDE ESTATES — PHASE ONE IOWA CITY, JOHNSON COUNTY, IOWA THIS STORM SEWER AND DRAINAGE EASEMENT ("Agreement"), made and entered into by and between Watts Group Development, Inc. ("Owner"), which expression shall include its successors in interest and assigns, and the City of Iowa City, Iowa (the "City"), which expression shall include its successors in interest and assigns. WITNESSETH: It is hereby agreed as follows: For the sum of $1.00 plus other valuable consideration, the receipt of which is hereby acknowledged, Owner hereby grants and conveys to the City an easement for the purposes of excavating for and the installation, replacement, maintenance and use of such storm water lines, pipes, mains, conduits, and overland drainageways as the City shall from time to time elect for conveying storm water, with all necessary appliances and fittings, for the use in connection with said lines, together with adequate protection therefor, and also a right of way, with the right of ingress and egress thereto, over and across the area designated as "Storm Sewer and Drainage Easement" as shown on the Final Plat of Westside Estates — Phase One, attached hereto and incorporated herein by reference, hereafter described as "easement area." Owner further grants to the City: I. The right of grading said easement areas for the full width thereof, and to extend the cuts and fills for such grading into and onto said lands along and outside of the said easement area to such extent as the City may find reasonably necessary. 2. The right from time to time to trim, cut down and clear away any and all trees and 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 {002270321 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. Any such improvements in the easement area, with or without City approval, may be removed by the City without compensation or replacement. Owner does hereby covenant with the City that it is lawfully seized and possessed of the real estate above described, and that it has a good and lawful right to convey it, or any part thereof. Nothing in this Agreement shall be construed to impose a requirement on the City to install the original public improvements at issue herein. Nor shall Owner be deemed acting as the City's agent during the original construction and installation of said improvement. Parties agree that the obligation to install the public improvement(s) herein shall be in accordance with City specifications, and the obligation shall remain on Owner until completion by Owner, and until acceptance by the City, as by law provided. The provisions hereof shall inure to the benefit of and bind the successors and assigns of the respective Parties hereto, and all covenants shall apply to and run with the land and with the title to the land. [Signature pages to follow] (00227032) [Signature page to Storm Sewer and Drainage Easement] Dated this l day of January, 2018. WAJGD. PDEVELOPMENT, INC. By:alts, President STATE OF IOWA, COUNTY OF JOHNSON, ss: This instrument was acknowledged before me on this i% of January, 2018, by Gary D. Watts, President of Watts Group Development, Inc. I — — S LROSEMARY IRLBECK 'lo�["s CommftWn Number 779206 Notary ublic in and for the tate of Iowa hty Cg�m! 11.0L plres {00227032} \ [Signature page to Storm Sewer and Drainage Easement] Dated this day of January, 2018. CITY OF IOWA CITY, IOWA By: im Throgmorton, Mayor ATTEST: / J By: �—G Kellie Fruehling, Ci Clerk STATE OF IOWA, COUNTY OF JOHNSON) ss: On this J64` day of January, 2018 before me, the undersigned, a Notary Public in and for said County and State, personally appeared Jim Throgmorton and Kellie Fruehling, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa, a municipal corporation; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and the instrument was signed and sealed on behalf of the corporation by authority of its City Council, and the said Mayor and City Clerk did acknowledge the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. Notary Public in and f said State CHRISTINE OLNEY z Commiss,on Number 806232 r r MX Commission Expires ow, X (00227072) Prepared by: Michael J. Pugh 425 E. Oakdale Blvd., Suite 201 Phone (319) 351-2028 Pugh Hagan Prahm PLC Coralville, IA 52241 FAX (319) 351-1102 OFF-SITE STORM SEWER EASEMENT AGREEMENT WESTSIDE ESTATES — PHASE ONE IOWA CITY, IOWA THIS OFF-SITE STORM SEWER EASEMENT AGREEMENT ("Agreement"), made and entered into by and between Country Club Estates Homeowners Association ("Owner"), which expression shall include its successors in interest and assigns, the City of Iowa City, Iowa (the "City"), which expression shall include its successors in interest and assigns, and Watts Group Development, Inc. ("Subdivider"), which expression shall include its successors in interest and assigns. WITNESSETH: It is hereby agreed as follows: For the sum of $1.00 plus other valuable consideration, the receipt of which is hereby acknowledged, Owner hereby grants and conveys to the City an easement for the purposes of excavating for and the installation, replacement, maintenance and use of such storm water lines, pipes, mains, conduits, with all necessary appliances and fittings, for the use in connection with said lines, together with adequate protection therefor, and also a right of way, with the right of ingress and egress thereto, over and across the areas designated as "Storm Sewer Easement" as shown on Exhibit "A", attached hereto an incorporated herein by reference, hereafter described as "easement area." Owner further grants to the City: 1. The right of grading said easement areas for the full width thereof, and to extend the cuts and fills for such grading into and onto said lands along and outside of the said easement area to such extent as the City may find reasonably necessary. 2. The right from time to time to trim, cut down and clear away any and all trees and brush on said easement area and also to trim, cut down and clear away any trees on either side of (00226925 3) 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, and that it has a good and lawful right to convey it, or any part thereof. Nothing in this Agreement shall be construed to impose a requirement on the City to install the original public improvements at issue herein. Nor shall Subdivider be deemed acting as the City's agent during the original construction and installation of said improvement. Parties agree that the obligation to install the public improvement(s) herein shall be in accordance with City specifications, and the obligation shall remain on Subdivider until completion by Subdivider, and until acceptance by the City, as by law provided. The provisions hereof shall inure to the benefit of and bind the successors and assigns of the respective Parties hereto, and all covenants shall apply to and run with the land and with the title to the land. [Signature pages to follow] {00226925 3} [Signature page to Off -Site Storm Sewer Easement Agreement] Dated this //,- day of January, 2018. COUNTRY CLUB ESTATES HOMEOWNERS ASSOCIATION By: .'O� - ) _.1�7 ason Havel, President STATE OF IOWA, COUNTY OF JOHNSON, ss: This instrument was acknowledged before me on this ANay of January, 2018, by Jason Havel, President of Country Club Estates Homeowners Association. Notary Pub1rc m and for the St) tti f Iowa LkA 1 {00226925 3) [Signature page to Off -Site Storm Sewer Easement Agreement] Dated this l6 1 day of January, 2018. CITY OF IOWA CITY, IOWA By: im Throgmorton, Mayor ATTEST: By: Kellie Fruehling, Ci Clerk STATE OF IOWA, COUNTY OF JOHNSON, ss: On this 10"day of January, 2018 before me, the undersigned, a Notary Public in and for said County and State, personally appeared Jim Throgmorton and Kellie Fruehling, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa, a municipal corporation; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and the instrument was signed and sealed on behalf of the corporation by authority of its City Council, and the said Mayor and City Clerk did acknowledge the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. Notary Public in and for said State 4ME LNEYer gpgp3YExpires (00226925 3) [Signature page to Off -Site Storm Sewer Easement Agreement] Dated this lo? day of January, 2018. WATTS GROUP DEVELOPMENT, INC. r By: Gary D. Watts, Wsident and Secretary, by Michael J. Pugh, Attomey-in-Fact STATE OF IOWA, COUNTY OF JOHNSON, ss: This instrument was acknowledged before me on this �_ day of January, 2018, by Michael J. Pugh, Attorney -in -Fact for Gary D. Watts, President and Secretary of Watts Group Development, Inc. I61 s4a�Notary Public in andfor the StaIowa DELIBA A. BAKER L CbrtunMmi Number 222035 WComffWtlan April 20, 20200 (00226925 2) N` Exhibit"A" EASEMENT PLAT A PORTION OF OUTLOT "C", COUNTRY CLUB ESTATES THIRD ADDITION, IOWA CITY, JOHNSON COUNTY, IOWA LOCATED IN THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 13, TOWNSHIP 79 NORTH, RANGE 7 WEST OF THE FIFTH PRINCIPAL MERIDIAN IOWA CITY, JOHNSON COUNTY, IOWA /VZ% \ �- ' NrEwso¢n' i 19, eAsxrNl \ a1g XI CM T1D] Y / 1"N I GRMHI IN FEET 1=100' 111 1 IOQNT A P ITON OF OITLOT 'C'. COUNTRY =9 ESTATES THIRD ADOITON, IOWA CITY. JOHNSON CWNTY. IOWA LOCATED IN THE SWIHNEST QUARTER OF THE SOUTHEAST QUARTER OF SECTW 13. TONNSHIP 79 NORTH. RANGE 7 NEST a THE 06TH PRWLIPAL NEPodAN HAND suRYEYDR,WaMOwO DW3aRaRDumAnaN MAR,( A STEIN PJ MMS CWSULTANTS INC 1917 SOU111 CILB03T STREET IOWA CITY, IOWA 52240 PHWE: 319-351-9262 suRVEY REOUE47m BY: WATTS ORODP DEVELOPMENT WC 425 G OAROALE BOULEVARD CCRALVIL E, IOWA 52241 PROPRIEIORORONNER COUNTRY =13 ESTATES HOMEOWNERS ASSOC. 1312 PHOENIX DRIVE IOWA CITY, IOWA 52245 DATE OFBURVEY 09-23-2017 DaQ W ENr RErurw wFORMAn W: LAN 0 SURVEYOR COUNTRY UNTRY C LLB ESTATES THM0 ADIMTOON pl N.CRNMYE W h TIC P'AT I ,aL ' PEUPhD N P Ar L✓pR W Ar vKY iY LF 11E f� [P TIC J9NN`FI tLU1ry IFILRRRv. AN:P. CUTL07 C; I � X31'41'4 I6 "xl. uax. _ wrzm�w Prr vlAxw .xv � `'--_-_ _ _ I`--�-�• _ Ftp 1'111 . ar- I_-_I 1'/1�l c��J LnS�nnn I I I \ ARTLR'z PN.'li. f� �A/LCWML'T MfM rIL- qq nDTLr \ iGL(bED N RAT EAit {I AT PM£ L.Y LI' I J Ttc pe�crms a rre erlr,.x ra+r, RrumwR . arvc G LEGEND AND NOTES T EASEMENT - Ffl0'FIIIY CggkA(5T. fPMa (a. naY� a - In0'kAIY CMb,FRY YT qa•W Ll Cap 15�md 1,438 SF 1, S M"��"]• o rr - Mtl91R a/o WJLMr tP6 m mfMARKm owe' a-lur um - 1 % ' NWIB017'W. 91.24 feet Thence N31-4104SE. 15.00 foot Thence S5819'17°E, 1OC,I6 feet, to the Paint 9e91nnin9. Said Eaemeat 0.03 feet) le to "Oo ' .AO T NAt IN BY Y® EAS'Yxr x91x s PUMN 4070 ------- -- EYlmxa EA411FNr TINES. PIWCE xC1m kOEs o IOWA INYG PL r `nr q[ Mr WY, N Ar PNx' u4 LP clans -a�EmgrrrRAmm IWLSS IO® apR1Z 4L OMIM Aff q pQT M NPaff➢nB LEGAL DESCRIPTION - STORM SEWER EASEMENT 1EMENI Callorwvn og at the NaNhwesl Cm. Of Audilai• Parcel 2017096 to Iowa City, Jabnson County Iowa. T EASEMENT A aacwdmce wllh the ll m Plat thereof recorded In Book 61. vl Page 213 of the records of the % Jo1w. Counly Records/. Office; Thence 58315'46"W. ding the Sash We of Oue.t'e. C." 1,438 SF 1, S CIA Estates Third Addl9on. logo City, Iowa To occwdance elU the Raax d.d Met U.eof recorded N o rr Beak 54, at Page 221, Of the regard. Of the JOhnean Ownty Record.'. Off. 64.94 bop to the m mfMARKm Paint of Beginning; Thesce cantinuing S6315'46'W, along .old South Una. 17.61 feet: Thence - 1 % ' NWIB017'W. 91.24 feet Thence N31-4104SE. 15.00 foot Thence S5819'17°E, 1OC,I6 feet, to the Paint 9e91nnin9. Said Eaemeat 0.03 feet) le to "Oo ' .AO 01 contain. cora (1,438 equaro and eubla.t easmerts and restrictions of record. A w C N K,LGY WITH RC f T WITH 1EMENI I nerWy certify Not this land ..yalg document was prepared and T EASEMENT Na rtloted vurry woA was perfamed by me or under my d4.d 00 03 / 1,438 SF 1, S 5'�°an3Y: under thheey two P1 Ina stat. ai lees.. t 'I'L' a o rr NPdaxz PNvn +an m mfMARKm N K4a1 MIM nC r INCE PM 1 1 I.TGQSfD fVr 1`05'I x Ar PM£ f t R IN LS Iowa Uc No. 14875 p to nE rtr�ams rs rrE 3TNYN eaJury Narcnn I 11 A w C N K,LGY WITH RC f T WITH IOWA INYG PL r `nr q[ Mr WY, N Ar PNx' u4 LP rre vyegePO w rre Jatvex a Rrtawr" anc^_ uwrr M M s CML ENGINEERS LAND PLANNERS LAND SURVEYORS LANOSCAPE ARCHRECTS ENWRONMEN IAL SPECIALISTS 1917 S. GILSERT ST. IOWA CITY, IOWA 52240 (319) 351.8282 www.mmsconsultantsmet Date ReNetn 1VI4114 PE9CIn/COdlIFN15-GK 01-0918 PEROIYWYYB55 .0M 01-12.18 PEAHQACOWMlil9 fAK EASEMENT PLAT A PCiTICN OF CM= -C, CWNTRY P1119 ESTATES THIRD ADDITION. LOCATED IN THE SOUTHMST WARIER OF THE SOUTHEAST QUARTER OF SECTION 13, TDINSHIP 79 NORTH. RANGE 7 WEST OF THE Ism PRINCIPAL MERIDIAN, IOWA CITY, JO NSW IAUNTY. IOWA. MMS CONSULTANTS, INC. DOLS. 10-25-17 Deslybd by. WM Book No. GDM 1706 LYmal b(, DAM I".100, l2rckaa bl'JEL SMet No. 7 A- )act133371 IC 532 or, 1 I nerWy certify Not this land ..yalg document was prepared and Na rtloted vurry woA was perfamed by me or under my d4.d penenal euDervictn mId Nat I m a Ally Ilcansad Prafa.dMal La,Ie ��ESSIONA(Y 5'�°an3Y: under thheey two P1 Ina stat. ai lees.. t 'I'L' a o rr i )1\ rt,& Ln 2a� m mfMARKm MAF& A StE1N STEIN ;r LS Iowa Uc No. 14875 p to 7� 14575 Ia0 My hewn.. ...sl data is D«mber 31,20 . A w C IOWA P.,. w Nesta ..send by W. ad. I SEAL M M s CML ENGINEERS LAND PLANNERS LAND SURVEYORS LANOSCAPE ARCHRECTS ENWRONMEN IAL SPECIALISTS 1917 S. GILSERT ST. IOWA CITY, IOWA 52240 (319) 351.8282 www.mmsconsultantsmet Date ReNetn 1VI4114 PE9CIn/COdlIFN15-GK 01-0918 PEROIYWYYB55 .0M 01-12.18 PEAHQACOWMlil9 fAK EASEMENT PLAT A PCiTICN OF CM= -C, CWNTRY P1119 ESTATES THIRD ADDITION. LOCATED IN THE SOUTHMST WARIER OF THE SOUTHEAST QUARTER OF SECTION 13, TDINSHIP 79 NORTH. RANGE 7 WEST OF THE Ism PRINCIPAL MERIDIAN, IOWA CITY, JO NSW IAUNTY. IOWA. MMS CONSULTANTS, INC. DOLS. 10-25-17 Deslybd by. WM Book No. GDM 1706 LYmal b(, DAM I".100, l2rckaa bl'JEL SMet No. 7 A- )act133371 IC 532 or, 1 Prepared by: Michael J. Pugh 425 E. Oakdale Blvd, Suite 201 Phone (319) 351-2028 Pugh Hagan Prahm PLC Coralville, IA 52241 FAX (319) 351-1102 OFF-SITE SANITARY SEWER EASEMENT AGREEMENT WESTSIDE ESTATES — PHASE ONE IOWA CITY, IOWA THIS OFF-SITE SANITARY SEWER EASEMENT AGREEMENT ("Agreement'), made and entered into by and between Country Club Estates Homeowners Association ("Owner"), which expression shall include its successors in interest and assigns, the City of Iowa City, Iowa (the "City"), which expression shall include its successors in interest and assigns, and Watts Group Development, Inc. ("Subdivider"), which expression shall include its successors in interest and assigns. WITNESSETH: It is hereby agreed as follows: For the sum of $1.00 plus other valuable consideration, the receipt of which is hereby acknowledged, Owner hereby grants and conveys to the City an easement for the purposes of excavating for and the installation, replacement, maintenance and use of such sewage lines, pipes, mains, conduits, with all necessary appliances and fittings, for the use in connection with said lines, together with adequate protection therefor, and also a right of way, with the right of ingress and egress thereto, over and across the areas designated as "Sanitary Sewer Easement" as shown on Exhibit "A", attached hereto an incorporated herein by reference, hereafter described as "easement area." Owner further grants to the City: 1. The right of grading said easement areas for the full width thereof, and to extend the cuts and fills for such grading into and onto said lands along and outside of the said easement area to such extent as the City may find reasonably necessary. 2. The right from time to time to trim, cut down and clear away any and all trees and brush on said easement area and also to trim, cut down and clear away any trees on either side of {00226929 31 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 Citys rights hereunder in any manner. The City shall promptly backfill any trench made by it, and repair any damages caused by the City within the easement area. The City shall indemnify Owner against unreasonable loss or damage which may occur in the negligent exercise of the easement rights by the City. Except as expressly provided herein, the City shall have no responsibility for maintaining the easement area. Owner reserves the right to use said easement area for purposes which will not interfere with the City's full enjoyment of the rights hereby granted; provided that the Owner shall not erect or construct any building, fence, retaining wall, or other structure, plant any trees, drill or operate any well, or construct any reservoir or other obstruction on said areas, or diminish or substantially add to the ground cover over said easement area. Fences and/or trees placed in the easement area, with or without City approval, may be removed by the City without compensation or replacement. Owner does hereby covenant with the City that it is lawfully seized and possessed of the real estate above described, and that it has a good and lawful right to convey it, or any part thereof. Nothing in this Agreement shall be construed to impose a requirement on the City to install the original public improvements at issue herein. Nor shall Subdivider be deemed acting as the City's agent during the original construction and installation of said improvement. Parties agree that the obligation to install the public improvement(s) herein shall be in accordance with City specifications, and the obligation shall remain on Subdivider until completion by Subdivider, and until acceptance by the City, as by law provided. The provisions hereof shall inure to the benefit of and bind the successors and assigns of the respective Parties hereto, and all covenants shall apply to and run with the land and with the title to the land. [Signature pages to follow] (00226929 3) [Signature page to Off -Site Sanitary Sewer Easement Agreement] Dated this 1Z— day of January, 2018. COUNTRY CLUB ESTATES HOMEOWNERS ASSOCIATION By:/"- / -C ason Havel, Pre dent STATE OF IOWA, COUNTY OF JOHNSON, ss: This instrument was acknowledged before me on this IUday of January, 2018, by Jason Havel, President of Country Club Estates Homeowners Association. r Notary Pub cY�n at for the Stat I icwa "-A {00226929 31 \` [Signature page to Off -Site Sanitary Sewer Easement Agreement] Dated this JO -4 day of January, 2018. CITY OF IOWA CITY, IOWA By: ��= 4� ;?�(� — Tim Throgmorton, M19yor ATTEST: By. ellie Fmehling, Ci Clerk STATE OF IOWA, COUNTY OF JOHNSON, ss: On this I l71`N day of January, 2018 before me, the undersigned, a Notary Public in and for said County and State, personally appeared Jim Throgmorton and Kellie Fruehling, to me personally known, who being by me duly swom, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa, a municipal corporation; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and the instrument was signed and sealed on behalf of the corporation by authority of its City Council, and the said Mayor and City Clerk did acknowledge the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. ll�s/2j�u�',O Notary Public in and for said State am=ion _ own 100220929 3) [Signature page to Off -Site Sanitary Sewer Easement Agreement] Dated this / )' day of January, 2018. WATTS DEVELOPMENT GROUP, INC. By:(//te� Gary D. Wa V ident and Secretary, by Michael J. Pugh, Attorney -in -Fact STATE OF IOWA, COUNTY OF JOHNSON, ss: This instrument was acknowledged before me on this 1Z*- day of January, 2018, by Michael J. Pugh, Attorney -in -Fact for Gary D. Watts, President and Secretary of Watts Development Group, Inc. Notary Public in and for the State of Iowa 10022692921 Exhibit "A" EASEMENT PLAT A PORTION OF OUTLOT "C", COUNTRY CLUB ESTATES THIRD ADDITION, IOWA CITY, JOHNSON COUNTY, IOWA LOCATED IN THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 13, TOWNSHIP 79 NORTH, RANGE 7 WEST OF THE FIFTH PRINCIPAL MERIDIAN IOWA CITY, JOHNSON COUNTY, IOWA m urA% ! 1 usw, Iiia® GRAPHIC SCALE WFEET IOP / \ I _ I I I I ) II I , l LOCATION A PORION OF OIIROT'C'. CWNTRY CWB ESTATES THIRD ADDITION, IOWA CITY, JOHNSON COUNTY. IOWA LOCATED IN WE SOUTHWEST QUARTER OF WE SOUTHEAST QUARTER OF SECTION I3. TOMSHIP 79 NORTH. RANGE T WEST OF THE RFTH PRINCIPAL MERIDIAN IFNO SY Osc, WCLH... FaNORMGAAs2ATO& NARK A 9TLTN P.LS NMS CONSULTANTS INC. 1917 SCOW OWERT STREET IOWA CITY. IOWA, 52240 PHONE: 319-351-8281 suRVEr NEAu.,EO BY WATR ROUP OEVELCPMENT II 425 E. OAKDALE BOO E MD CIAA-VLL IOWA BV41 PROPRIETOR OR OWNER COUNTDT Cl MATES HOMEOWNERS ASS= 1332 PHOENIX CANE IOWA CITY, IOWA 522M OATE OF SHfwf 09-2]-2017 DOCUMENTREFORNMORMATON: LAND WRyEYOR C OO MN�fHY C LU11 E�STQTEa ' \/ "II ARRO A[31131TOOK W A[(/.NanfYC w!nI Tf RAT P[PYP f'FC((62a N RAT pXM 4I Ai PKE 9'4 CF TC f Ha LY TM1 JM'YiN (L1AlY R''i P1 -Y£ CUT LOT C E 379 of ]29 S^ Oa�AC '11 �- sed` LEGEND AND NOTES - PRdYgn C(R6RL5I. P0.ND (a. notal o - Rtl4M} tlNKAy YT (,Mo. Pb ./ Hu.. Ne.ae LS hp E=B�ON4G A MARK A T. f u 3fEltg -� if, .ons.el ) w <aPfeec wim rte - Y e/w auaCAV} l➢6 SEAL eam-c Id.25 eldan, .} RxrzA IMS — -- — -- Lao anT PtAT1ED pi BY DnEe Feel - E 411gi I.M. Wanl N Pugpa¢ Nncyc . _...._._ 1 j ._-_ Easnxa uaMwT Ino wlwvss xoTn RECIYIIXT DYw9@IS !x) - YFA9116➢ g161SIX5 7_1 _ gpyC gp6110 Np®I VEEE Rm DOLYR. NL DYI9WS MF M .LLT MD MAtl6DDD LEGAL DESCRIPTION - SANITARY SEWER EASEMENT Commend, al the Northwest Comer of Audltar'e Parcel 2017096 to I.W. City, John... County, law., in v ..roan.. With the Recadad Plot thereof recorded In Book fit, at Page 213 .f One ..cords of the Johnson County Recorder's Office: Thwee S63'15'46'W, don, the South IAe of Outlet 'C, Country Club Estates Thbd Addition, I... City, Iowa In accord... wIA Ne Recardeo Plat thereof recorded In Back 54, at Page 221. of the retard. of the Johnsen C.unly R ... Idrs Office 96.81 feet. to One Point of Beginning; Thance continuing S53T5'46'W, don, said Sma, Line, 16.04 feet; Thence S59'45'3B'W. 32.64 fast; Thence NEBTO'56'W, 11.81 feet: Thence N60 -44'46'E, 36.75 feel; Thence SBB'1o'56'E, 23.14 feat, to the Point of Bsginning. Sold Easement contains 0.01 core (379 square foot) and Is subject to easements and restrictions of retard. \ T .." PAem m \7WB a M \�� aT wP - aLS ( MuyGk. 1.. 1U •_-�/ 4LnRArfd.X. �l Pkx1}IX 3 -779K -AM n acc>� a Tr: Ja.rxN cPAfry / NAfP:I PM[£L 901](/JI PFLPapta PTI(C E=B�ON4G A MARK A T. f u 3fEltg -� if, Sur,eeyor urd�err Ne /to... al the State al loos. 1 p MARK A STEIN LS. IR Wo Llc. No. 14675 MY IlcanR renewd dab la 0<cember 31, 10 �. w <aPfeec wim rte SEAL PEL ul HUT ecac .I nr rtL Su a IT P A I C P i,T�u a TE nc .51sn ,am I \ 1� NN. c"N' PMtd ]P"'Pto n ALPd1AN'L wmI m RA- Trcra:a xLNm.Ya or[e PtLP'LP➢ N MI p^, Ai P.aP' \ TR iE RF( PN T `gH. ` T J Puaw>s.s ce Of G M M CML ENGINEERS LAND PLANNERS LANDSURVEYORS LANDSCAPE ARCHITECTS ENNRONNENTAL SPECIALISTS 1917 S. GILBERT ST. IOWA CITY, IOWA 52240 (319)351-8282 W weY.mmsconsu!tants.net late RaYlalwl 01-09.18 PERUWCOMMENI 01.12-18 PERHOAM!11EMML4K EASEMENT PLAT A PORTION Q OUROT 'C', COUNTRY CLUB ESTATES THIRD ADDITION, LOCATED IN 114E SOUTHWEST QUARTER OF THE SOUTHEAST OUARTER OF SECTION 13. TOWNSHIP 79 NMTH. RANGE 7 WEST OF THE MH PRINCIPAL MERIDIAN. IOWA CITY, JOHNSON Cl OWA. MMS CONSULTANTS, INC. osteo 10-25-17 Oealfyled I FbN LAaok Na. GDM 7106 EA - m all. Stab, LLS •.100' YJnclmo bB, SMek WP, JEL 7 IC 1331532 .e. 1 I hereby certify that this lend a rveyln9 dowment was prepared and the rtlpleE a y .wk Wm Dcrf.n .d by me a under my direct preanal apcWlan and that I vn a dWy licensed Praleasned Land E=B�ON4G A MARK A T. f u 3fEltg -� if, Sur,eeyor urd�err Ne /to... al the State al loos. 1 p MARK A STEIN LS. IR Wo Llc. No. 14675 MY IlcanR renewd dab la 0<cember 31, 10 �. IOWA SEAL Pages or dlaets .erred by His zeal: t M M CML ENGINEERS LAND PLANNERS LANDSURVEYORS LANDSCAPE ARCHITECTS ENNRONNENTAL SPECIALISTS 1917 S. GILBERT ST. IOWA CITY, IOWA 52240 (319)351-8282 W weY.mmsconsu!tants.net late RaYlalwl 01-09.18 PERUWCOMMENI 01.12-18 PERHOAM!11EMML4K EASEMENT PLAT A PORTION Q OUROT 'C', COUNTRY CLUB ESTATES THIRD ADDITION, LOCATED IN 114E SOUTHWEST QUARTER OF THE SOUTHEAST OUARTER OF SECTION 13. TOWNSHIP 79 NMTH. RANGE 7 WEST OF THE MH PRINCIPAL MERIDIAN. IOWA CITY, JOHNSON Cl OWA. MMS CONSULTANTS, INC. osteo 10-25-17 Oealfyled I FbN LAaok Na. GDM 7106 EA - m all. Stab, LLS •.100' YJnclmo bB, SMek WP, JEL 7 IC 1331532 .e. 1 Prepared by: Michael J. Pugh 425 E. Oakdale Blvd., Suite 201 (319) 351-2028 Pugh Hagan Prahm PLC Coralville, IA 52241 Fax: (319) 351-1102 OFF-SITE STORM WATER DETENTION EASEMENT AGREEMENT WESTSIDE ESTATES — PHASE ONE AND PHASE TWO IOWA CITY, IOWA RE: Those Portions of Outlot "C", Country Club Estates Third Addition, Iowa City, Iowa, according to the plat thereof recorded in Plat Book 54, at Page 221 of the records of Johnson County, Iowa, excluding therefrom Auditor's Parcel 2017095 and 2017096 on Plat of Survey recorded in Book 61, Page 213, Plat Records of Johnson County, Iowa. 1. For the consideration stated in paragraph 2 below, the undersigned owner, Country Club Estates Homeowners Association (hereinafter "Owner"), which expression shall include its successors in interest and assigns, hereby grants to Watts Group Development, Inc. (hereinafter "Watts"), the owner of certain real estate to be developed as Westside Estates — Phase One and Phase Two subdivisions in Iowa City, Iowa, as more particularly described on Exhibit "A" and its successors in interest and assigns, a perpetual easement for the use of the storm water detention facility labeled as "Stormwater Detention Facility Easement" on the Final plat depicting the following: Outlot "C", Country Club Estates Third Addition, Iowa City, Iowa, according to the plat thereof recorded in Plat Book 54, at Page 221 of the records of Johnson County, Iowa. (hereinafter "Easement Area") 2. In consideration for granting this easement, Watts shall pay periodic assessments to cover Watts's pro -rata share of the cost of maintaining and operating the Easement Area, commencing on the date the City of Iowa City accepts the public improvements to be installed in the Westside Estates — Phase One subdivision ("Commencement Date"). The parties agree that, commencing on the Commencement Date, {00221362 3) -2 - the parties' respective pro -rata shares shall be based on the number of acres in Westside Estates — Phase One and Country Club Estates Third, Fourth, Fifth and Sixth Additions, respectively, which drain into the Easement Area as a percentage of the total acres draining into the Easement Area. These allocations are hereby deemed to be i) Country Club Estates, 46.45, acres or 75.73%; and ii) Westside Estates—Phase One, 14.88 acres, or 24.27%. It is anticipated that Watts will develop Westside Estates — Phase Two following completion of Westside Estates — Phase One. At such time as the City of Iowa City accepts the public improvements to be installed in the Westside Estates — Phase Two subdivision, the parties' respective pro -rata shares hereinabove referenced shall be adjusted, with the parties' adjusted respective pro -rata shares to be determined based on the number of acres in i) Westside Estates — Phases One and Two; and ii) and Country Club Estates Third, Fourth, Fifth and Sixth Additions, respectively, which drain into the Easement Area, as a percentage of the total acres draining into the Easement Area. These allocations are deemed to be i) Country Club Estates, 46.45 acres or 62.45%; and ii) Westside Estates — Phases One and Two, 27.93 acres or 37.55%. Such calculations described above have been previously determined by MMS Consultants, Inc. 3. With each periodic assessment, the Owners shall provide to Watts a copy of all invoices relating to the maintenance and operation of the Easement Area. Watts' share of said invoices shall be paid in full within thirty (30) days of presentation. If unpaid, interest shall accrue on any unpaid invoices beginning the tenth (I Oh) day after the due date at the highest rate allowed by law. In the event of non-payment, Owner may bring an action in any court of competent jurisdiction to enforce this Agreement or for damages for the breach thereof, and Owner shall be further entitled to recover its costs of collection and reasonable attorney's fees. 4. Owner and its successors reserve the right to use the Easement Area for purposes which will not interfere with the Watts's full enjoyment of the rights hereby granted; provided that the Owner shall not erect or construct any building, fence or other structure, drill or operate any well, construct any reservoir, or diminish or substantially add to the ground cover on said Easement Area or make any other use of the Easement Area that reduces the basin's capacity to retain storm water. 5. Owner does hereby covenant with Watts that it is lawfully seized and possessed of the real estate above described, and that it has a good and lawful right to convey it, or any part thereof. 6. Owner shall, at all times, comply with its obligations set forth in the Stormwater Detention Facility Easement Agreement recorded with the subdivision documents for Country Club Estates Third Addition, Iowa City, Iowa, in Book 4522, Page 122, of the Records of Johnson County, Iowa ("City Easement"). In the event Owner fails to comply with this Agreement or the City Easement in such a manner that it effects the rights of Watts granted hereunder, after thirty (30) days written notice of non-compliance to Owner and Owner's failure to cure such non-compliance, Watts may enter the Easement Area to perform maintenance and repair in order to cure such non-compliance and thereafter off -set the costs {00221362 3) -3 - thereof from the amount owed under paragraph 2 above. To the extent such costs exceed the amount owed under paragraph 2, Watts may bring an action in any court of competent jurisdiction to enforce this Agreement or for damages for the breach thereof, and shall be Further entitled to recover its costs of collection and reasonable attorney's fees 7. The provisions hereof shall inure to the benefit of and bind the successors and assigns of the Owner and Watts, and all covenants shall apply to and run with the land and with the title to the land. Watts, at its sole discretion, shall have the right to assign its right, title and interest hereunder to a homeowners association to be established for Westside Estates — Phase One and Phase Two, and upon such assignment such homeowners association shall assume responsibility for Watts's obligations hereunder, including, without limitation, those required at paragraph 2. 8. Nothing contained herein shall, or shall be deemed to, constitute a gift or dedication of any portion of the Easement Area to the general public or for the benefit of the general public for any public purpose whatsoever. 9. In the event a dispute arises with respect to this Agreement, then the issue shall, at the election of either party hereto, be submitted to arbitration. In such event, each side shall appoint one arbitrator and the two arbitrators shall agree upon the decision; in case the two arbitrators cannot agree, they shall select a third arbitrator who shall be a competent, reputable attorney at law, licensed to practice in the State of Iowa, and the three arbitrators, when duly appointed, shall hear the evidence of the witnesses and do all things fully and completely to enable them to make a fair and complete settlement and decision on all matters in arbitration. Each side shall appoint an arbitrator within five (5) business days after an election is made to submit the dispute to arbitration and thereafter the arbitrators shall, if necessary, appoint a third arbitrator within thirty (30) days thereafter and render a decision within seven (7) days after the hearing. Once the decision is reached, that decision shall be final and binding upon the parties. fThe remainder of this page is intentionally blank. Signatures follow.l {00221362 3} M [Signature page to Off -Site Storm Water Detention Facility Easement Agreement] Dated this %2 day of January, 2018. COUNTRY CLUB ESTATES HOMEOWNERS ASSOCIATION B ason Havel, rest ent STATE OF IOWA ) ) ss: COUNTY OF JOHNSON ) This instrument was acknowledged before me on this � Z�Nay of January, 2018, by Jason Havel, President of Country Club Estates Homeowners Association. Notary Publim ana for the Sta, n.`': ,�•r. 4AgA 1 {00221362 3) -5 - [Signature page to Storm Water Detention Facility Easement Agreement] Dated this day of January, 2018. WATTS GROUP DEVELOPMENT, INC. By: d Gary D. Watts, President STATE OF IOWA ) ss: COUNTY OF JOHNSON ) This instrument was acknowledged before me on this T�day of January, 2018, by Gary D. Watts, President of Watts Group Development, Inc. ROSEMARY IRLBECK Notary Public in and for the State of Iowa C Commission Number 779206 My Commissi pires (00221362 2) (00221362 2) m EXHIBIT "A" Those portions of the southwest quarter of the southeast quarter and the southeast quarter of the southeast quarter of Section 13, Township 79 North, Range 7 West of the 5th P.M. and the northwest quarter of the northeast quarter and the northeast quarter of the northeast quarter of Section 24, Township 79 North, Range 7 West of the 5th P.M. that is described as Auditor's Parcel 2017097 on Plat of Survey recorded in Book 61, Page 214, Plat Records of Johnson County, Iowa. {00221362 3} Pag)1 of4 Type: an at 11:08:06 Ary of BK5756 Pa137-140 Prepared by: Sylvia Bochner, Planning Intem, 410 E. Washington St., Iowa City, IA 52240 (319) 356.5240 (ANN17-00001/REZ17-00020) RESOLUTION NO. 18-36 A resolution for a voluntary annexation of approximately 8.62 acres of property located at 4643 Herbert Hoover Highway SE. WHEREAS, Lyle Mark and Betsy Larson are the owners and legal titleholders of approximately 8.62 acres located at 4643 Herbert Hoover Highway SE; and WHEREAS, the applicant, IC Housing Group, LLC, with the consent of the owners, has requested annexation of the approximate 8.62 -acre tract Into the City of Iowa City, Iowa; and WHEREAS, the aforementioned property Is located within the Long -Range Planning Boundary of the City of Iowa City, and WHEREAS, control of the area proposed for annexation Is In the Citys bast interest because it will allow development In a manner consistent with the Comprehensive Plan; and WHEREAS, pursuant to Iowa Code 368.5 and 368.7 (2017), notice of the application for annexation was sent to the Johnson County Board of Supervisors, Johnson County departments of Attorney, Auditor, Engineer, Planning and Zoning, each affected public utility, Scott Township, the Metropolitan Planning Organization of Johnson County, and the East Central Iowa Council of Governments; and WHEREAS, none of these entities have objected to the proposed annexation; and WHEREAS, the Planning and Zoning Commission has reviewed the proposed rezoning and has recommended approval. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The following described land should be voluntarily annexed to the City of Iowa City, Iowa: BEGINNING AT THE SOUTHEAST CORNER OF LOT 1 OF TEGLER SUBDIVISION, JOHNSON COUNTY, IOWA AS RECORDED IN BOOK 25 AT PAGE 42 IN THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE; THENCE N88040'08'W, ALONG THE SOUTHERLY LINE OF SAID LOT 1, A DISTANCE OF 298.79 FEET TO THE SOUTHWEST CORNER OF SAID LOT 1; THENCE N01019'520E, ALONG THE WESTERLY LINE OF SAID LOT 1, A DISTANCE OF 404.00 FEET; THENCE N88'40'06'W, ALONG SAID WESTERLY LINE 325.96 FEET; THENCE N01'19'52E, ALONG SAID WESTERLY LINE AND ITS NORTHERLY EXTENSION, 328.94 FEET TO A POINT ON THE CENTER LINE OF HERBERT HOOVER HIGHWAY BE; THENCE N760311010E, ALONG SAID CENTER LINE, 641.25 FEET TO A POINT ON THE NORTHERLY EXTENSION OF THE EASTERLY LINE OF SAID LOT 1; THENCE 801001'23'W, ALONG SAID NORTHERLY EXTENSION OF THE EASTERLY LINE AND THE EASTERLY LINE OF SAID LOT 1, A DISTANCE OF 858.30 FEET TO THE POINT OF BEGINNING, CONTAINING 8.62 ACRES AND SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. Book: 5756 Page: 137 Seq: 1 Resolution No. 18-36 Page 2 2. The City Clerk is hereby authorized and directed to certify, file, and record all necessary documents as required by Iowa law under Section 368.7 (2017) at Owner's expense. 3. Further, the City Clerk is hereby authorized and directed to certify and file all necessary documents for certification of the population of the annexed territory to Johnson County and the State Treasurer, said population being zero. Passed and approved this 6th day of February 2018 v • ;%g� MAYOR Approved by ATTEST." cG._e ,� +CiAft u�ui�n u/mr�,/ rycf�J�¢,�CI CLERK omey's Office ,11 /10 0- Resolution No. Page 3 18-36 It was moved by trims and seconded by salih Resolution be adopted, and upon roll call there were: AYES: x NAYS: ABSENT: Botchway Cole Mims Salih Taylor Thomas Throgmorton the 0 (LG ---..-._..--. Doc ID: MISCELLANEOUS Type: GEEN Kind: MISCELLANEOUS Recorded: 03/07/2018 at 12:07:36 PM Fee Amt: $12.00 Page 1 of 2 Johnson County Iowa Kim Painter County Recorder SK 5762 PG712-713 STATE OF IOWA ) ) SS COUNTY OF JOHNSON ) ih CITY OF IOWA CITY 410 East Washington Streel Iowa City. Iowa S2240-1826 (319) 356-5000 (319) 356-5009 FAX www. icgov. o rg I, Kellie K. Fruebling, City Clerk of the City of Iowa City, Iowa, do hereby state that Resolution No 18-36 was previously recorded on February 12, 2018, Book 5756, Pages 137-140, and inadvertently omitted the letter from the Secretary of State. A copy is attached. Dated at Iowa City, Iowa, this 6th day of March, 2018. Kellie K. Fruehling City Clerk \material ,rb PAuL D. PATE SECRETARY OF STATE February 9, 2018 Kellie K. Fruehling Iowa City City Clerk 410 E Washington St Iowa City, IA 52240 Re: Resolution 18-36 Dear Ms. Fruehling: a OFFICE OF THE IOWA SECRETARY OF STATE WcAs Buo oEaa DEs MOINES, Iowa 50319 You are hereby noted that the resolutions, plat maps, and legal descriptions pertaining to the voluntary annexations of territory to the City of Iowa City, which was approved by the city February 6, 2018 have been received and filed by this office as required by Iowa Code section § 368.7. You may consider the annexation filed. In accordance with § 368.1(15) and § 368.7A the territory extends to the center line of all secondary roads adjacent to the above described properties. Iowa Code 312.3(4) requires the mayor and city council to certify the population of any annexed territory, as determined by the last certified federal census, to the treasurer of state in order for apportionment of street construction funds to be adjusted. Please review your city's precinct ordinance (if any) and confer with your county auditor to ensure this territory Is assigned to the correct election precinct and/or ward (if any). If you have questions or concerns about this communication, please let me know. Sincerely, Ken Kline Iowa Secretary of State's Office 321 E. 1211 St. Des Moines, IA 50315 Ken. Kline@sos.iowa.gov Cc: Annexations, Iowa Department of Transportation Matt Rasmussen, City Development Board Administrator kk/mcs Phone 515-281-504 Fax 515-242-595 sos.iowa.gov iowa.gov Sos@Sos.iowa.gov 0 GJ'& Doc ID: 026979530004 Type: GEN Kind: ORDINANCE Recorded: 03/09/2018 at 10:08:26 AM Fee Amt: $22.00 Pape 1 of 4 Johnson County Iowa Kim Painter County Recorder BK5763 PG537-540 STATE OF IOWA ) ) SS JOHNSON COUNTY ) I k i —WAh IO 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.18-4741 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 6th day of March 2018, is a true and correct copy, all as the same appears of record in my office. Dated at Iowa City, Iowa, this -� CO 0 -Sc 94-K day of February 2018. Kellie C. Fruehling City Clerk \ord 410 EAST WASHINGTON STREET • IOWA CITY, IOWA 52240-1826 • (319) 356-5000 • FAX (319) 356-5009 Vk � G Prepared by: Sylvia Bochner, Planning Intern, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5240 (REZ17-00020) Ordinance No. 18-4741 Ordinance rezoning approximately 8.62 acres of property from County Commercial (C) and County Multifamily Residential (RMF) to Interim Development Multi -family Residential (ID -RM) zone for 5.86 acres and Interim Development Single Family (ID -RS) for 2.76 acres located at 4643 Herbert Hoover Highway SE. (REZ17-00020) Whereas, the applicant, IC Housing Group, LLC, has requested a rezoning of property located at 4643 Herbert Hoover Highway SE from County Commercial (C) and County Multifamily Residential (RMF) to Interim Development Multi -Family Residential (ID -RM) for 5.86 acres and Interim Development Single Family (ID -RS) for 2.76 acres; and Whereas, the Comprehensive Plan, specifically the Northeast District Plan indicates that the subject area is appropriate for residential development; and Whereas, the applicant is still investigating options for utility provision; and Whereas, interim zoning allows for managed growth until utilities are identified; and Whereas, the Planning and Zoning Commission has reviewed the proposed rezoning and has recommended approval; Now, therefore, be it ordained by the City Council of the City of Iowa City, Iowa: Section I Approval. Property described below is hereby reclassified from its current zoning designation of County Commercial (C) and County Multifamily Residential (RMF) to Interim Development Single Family (ID -RS) and Interim Development Multi -Family Residential (ID -RM): ID -RS : BEGINNING AT THE SOUTHEAST CORNER OF LOT 1 OF TEGLER SUBDIVISION, JOHNSON COUNTY, IOWA AS RECORDED IN BOOK 25 AT PAGE 42 IN THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE; THENCE N88°40'08"W, ALONG THE SOUTHERLY LINE OF SAID LOT 1, 298.79 FEET TO THE SOUTHWEST CORNER OF SAID LOT 1; THENCE N01°19'52"E, ALONG THE WESTERLY LINE OF SAID LOT 1, A DISTANCE OF 404.00 FEET; THENCE S88040'08"E, 296.62 FEET TO A POINT ON THE EASTERLY LINE OF SAID LOT 1; THENCE S01"01'23"W, ALONG SAID EASTERLY LINE 404.01 FEET TO THE POINT OF BEGINNING, CONTAINING 2.76 ACRES AND SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. ID -RM: COMMENCING AT THE SOUTHEAST CORNER OF LOT 1 OF TEGLER SUBDIVISION, JOHNSON COUNTY, IOWA AS RECORDED IN BOOK 25 AT PAGE 42 IN THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE; THENCE N01°01'23"E, ALONG THE EASTERLY LINE OF SAID LOT 1, A DISTANCE OF 404.01 FEET TO THE POINT OF BEGINNING; THENCE N88°40'08"W, 622.58 FEET TO A POINT ON THE WESTERLY LINE \k Ordinance No. i R-4741 Page 2 OF SAID LOT 1; THENCE N01°19'52"E, ALONG SAID WESTERLY LINE AND ITS NORTHERLY EXTENSION, 328.94 FEET TO A POINT ON THE CENTER LINE OF HERBERT HOOVER HIGHWAY SE; THENCE N76°31'01"E, ALONG SAID CENTER LINE, 641.25 FEET TO A POINT ON THE NORTHERLY EXTENSION OF THE EASTERLY LINE OF SAID LOT 1; THENCE S01001'23"W, ALONG SAID NORTHERLY EXTENSION OF THE EASTERLY LINE AND THE EASTERLY LINE OF SAID LOT 1, A DISTANCE OF 492.90 FEET TO THE POINT OF BEGINNING, CONTAINING 5.86 ACRES AND SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. Section It. Zoning Map. The Building Inspector is hereby authorized and directed to change the zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval and publication of this ordinance by law. Section III. Certification And Recording. Upon passage and approval of the Ordinance, the City Clerk is hereby authorized and directed to certify a copy of this ordinance and to record the same, at the office of the County Recorder of Johnson County, Iowa, at the owner's expense, all as provided by law. Section IV. Repealer. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Section V. Severability. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. Section VI. Effective Date. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this 6th day of march -, M or Approved by: r � CORPORNiESE� 2018. City Attorney's Office _2 / r 11 B ,Ik Ordinance No. 18-4741 Page 3 It was moved by Salih and seconded by Mims Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Botchway x Cole x Mims x Salih x Taylor x Thomas x Throgmorton that the First Consideration 02/06/2018 Vote for passage: AYES: Taylor, Thomas, Throgmorton, Botchway, Cole, Mims, Salih. NAYS: None. ABSENT: None. Second Consideration 02/20/2018 Voteforpassage: AYES: Mims, Botchway, Cole. NAYS: None Date published 03/15/2018 Salih, Taylor, Thomas, Throgmorton, ABSENT: None. �G& Doc ID: 026979540023 Type: GEN Kind: ORDINANCE Recorded: 03/09/2018 at 10:11: Fee Amt: $117.00 Page 1 of 23 Johnson County Iowa Kim Painter County Recorder EK5763 PG541-563 STATE OF IOWA ) ) SS JOHNSON COUNTY ) 16 AM a r 1 104010 r [Jf� 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. 18-4740 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 6th day of March 2018, is a true and correct copy, all as the same appears of record in my office. Dated at Iowa City, Iowa, this � day of February 2018. C U1.11"-UKA I L J,iAi. Kell a K. Fruehling City Clerk \ord 410 EAST WASHINGTON STREET • IOWA CITY, IOWA 52240-1826 • (319) 356-5000 • FAX (319) 356-5009 Prepared by: Sylvia Bochner, Planning Intern, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5240 (REZ17-00017) Ordinance No. 18-4740 Ordinance rezoning approximately 53.29 acres of property from High Density Single Family Residential (RS -12) to Planned Development Overlay—High Density Single Family Residential (OPD/RS-12) zone for 50.11 acres and Commercial Office (CO -1) zone for 3.18 acres located south of 1-80 between Dubuque Street and Prairie Du Chien Road (REZ17-00017). Whereas, the applicant, University Lake Partners II, LLC, has requested a rezoning of property located south of 1-80 between Dubuque Street and Prairie Du Chien Road from High Density Single Family Residential (RS -12) to Planned Development Overlay—High Density Single Family Residential (OPD/RS-12) zone for 50.11 acres and Commercial Office (CO -1) zone for 3.18 acres; and Whereas, the Comprehensive Plan, specifically the North District Plan indicates that the extension of Foster Road is desirable and that the subject area is appropriate for residential and commercial development designed to conserve and protect environmentally sensitive areas; and Whereas, the rezoning and planned development allows for multifamily residential and commercial development clustered away from environmentally sensitive areas; and Whereas, the planned development includes a 23.87 acre outlot that will be set aside as private open space; and Whereas, the Planning and Zoning Commission has reviewed the proposed rezoning and attached Planned Development Sensitive Areas Development Plan and has recommended approval; and Now, therefore, be it ordained by the City Council of the City of Iowa City, Iowa that: Section I Approval. The property described below is hereby classified as Planned Development Overlay—High Density Single Family Residential (OPD/RS-12) in accordance with the attached Planned Development Sensitive Areas Development Plan: A RESUBDIVISION OF AUDITOR'S PARCEL 'A' AS RECORDED IN BOOK 32, PAGE 52, OF THE RECORDS OF THE JOHNSON COUNTY, IOWA RECORDER'S OFFICE; AUDITOR'S PARCEL 'B' AS RECORDED IN BOOK 32, PAGE 53, OF THE RECORDS OF THE JOHNSON COUNTY, IOWA RECORDER'S OFFICE; A PORTION OF THE NORTH HALF OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 3, TOWNSHIP 79 NORTH, RANGE 6 WEST, A TRIANGULAR PIECE LAYING IN THE NORTH HALF OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 3, TOWNSHIP 79 NORTH, RANGE 6 WEST, AND SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 34, TOWNSHIP 80 NORTH, RANGE 6 WEST, LYING SOUTH OF INTERSTATE 80, EXCEPT THAT LAND CONVEYED TO THE CITY OF IOWA CITY FOR FOSTER ROAD AS RECORDED IN BOOK 3058 PAGE 1 OF THE JOHNSON COUNTY, IOWA RECORDER'S OFFICE; THE PARCEL DESCRIBED IN TRUSTEE WARRANTY DEED RECORDED IN BOOK 5696, PAGE 474 OF THE RECORDS OF THE JOHNSON COUNTY, IOWA RECORDER'S OFFICE; PART OF SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 34, TOWNSHIP 80 NORTH, RANGE 6 WEST, LYING SOUTH OF INTERSTATE 80; PART OF SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER SECTION 34, TOWNSHIP 80 NORTH, RANGE 6 WEST, LYING SOUTH OF INTERSTATE 80; PART OF SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER SECTION 34, TOWNSHIP 80 NORTH, RANGE 6 WEST LYING SOUTH OF INTERSTATE 80; AND ALL OF THE PARCEL DESCRIBED IN WARRANTY DEED 4879-681 OF THE RECORDS OF THE JOHNSON COUNTY, IOWA RECORDER'S OFFICE; ALL LOCATED IN THE CITY OF IOWA CITY, JOHNSON COUNTY, IOWA. EXCEPT; A RE -SUBDIVISION OF AUDITOR'S PARCEL "A" AS RECORDED IN BOOK 32, PAGE 52 OF THE RECORDS OF THE JOHNSON COUNTY, IOWA RECORDER'S OFFICE AND A PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 34, TOWNSHIP 80 NORTH, RANGE 6 WEST OF THE FIFTH PRINCIPAL MERIDIAN, ALL IN IOWA CITY, JOHNSON COUNTY, IOWA, THE BOUNDARIES DESCRIBED AS FOLLOWS: In \6 "Ordinance No. 18-4740 Page 2 BEGINNING AT THE NORTHEAST CORNER OF SAID AUDITOR'S PARCEL "A'; THENCE S21 °43'39"E ALONG THE EASTERLY LINE OF SAID AUDITOR'S PARCEL "A", A DISTANCE OF 183.97 FEET; THENCE S89041'35"W ALONG THE SOUTHERLY LINE OF SAID AUDITOR'S PARCEL "A", A DISTANCE OF 79.99 FEET; THENCE S01°16'03"E ALONG THE WESTERLY LINE OF THE PARCEL DESCRIBED BY THE WARRANTY DEED RECORDED IN BOOK 439, PAGE 231 OF THE RECORDS OF THE JOHNSON COUNTY, IOWA RECORDER'S OFFICE, A DISTANCE OF 118.69 FEET TO A POINT ALONG THE NORTHERLY LINE OF PARCEL 6A OF THE ACQUISITION PLAT RECORDED WITH THE WARRANTY DEED IN BOOK 3058, PAGE 1 OF THE RECORD'S OF THE JOHNSON COUNTY, IOWA RECORDER'S OFFICE; THENCE S88047'17"W ALONG SAID NORTHERLY LINE, A DISTANCE OF 15.52 FEET TO A POINT OF CURVATURE; THENCE SOUTHWESTERLY ALONG SAID NORTHERLY LINE BEING A CURVE TO THE LEFT HAVING A RADIUS OF 431.45 FEET AND A CHORD BEARING OF S77°10'48"W, AN ARC DISTANCE OF 175.47 FEET; THENCE N24028'16"W, A DISTANCE OF 59.44 FEET; THENCE N90°00'00"W, A DISTANCE OF 252.00 TO A POINT ALONG THE EASTERLY LINE OF AUDITOR'S PARCEL "B" AS RECORDED IN BOOK 32, PAGE 53 OF THE RECORDS OF THE JOHNSON COUNTY, IOWA RECORDER'S OFFICE; THENCE NO2030'21"W ALONG THE EASTERLY LINE OF SAID AUDITOR'S PARCEL "B", A DISTANCE OF 101.16 FEET; THENCE N89041'34"E ALONG SAID EASTERLY LINE, A DISTANCE OF 14.73 FEET; THENCE N00030'10"W ALONG SAID EASTERLY LINE OF AUDITOR'S PARCEL "B", A DISTANCE OF 173.83 FEET TO THE NORTHWEST CORNER OF AUDITOR'S PARCEL "A" ALSO BEING THE SOUTHERLY RIGHT-OF-WAY LINE OF INTERSTATE HIGHWAY 80; THENCE S89059'20"E ALONG THE NORTHERLY LINE OF SAID AUDITOR'S PARCEL "A", A DISTANCE OF 462.55 FEET TO THE POINT OF BEGINNING. Section II. Approval. The property described below is hereby classed Commercial Office (CO -1): A RE -SUBDIVISION OF AUDITOR'S PARCEL "A" AS RECORDED IN BOOK 32, PAGE 52 OF THE RECORDS OF THE JOHNSON COUNTY, IOWA RECORDER'S OFFICE AND A PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 34, TOWNSHIP 80 NORTH, RANGE 6 WEST OF THE FIFTH PRINCIPAL MERIDIAN, ALL IN IOWA CITY, JOHNSON COUNTY, IOWA, THE BOUNDARIES DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID AUDITOR'S PARCEL "A"; THENCE S21 "43'39"E ALONG THE EASTERLY LINE OF SAID AUDITOR'S PARCEL "A", A DISTANCE OF 183.97 FEET; THENCE S89041'35"W ALONG THE SOUTHERLY LINE OF SAID AUDITOR'S PARCEL "A", A DISTANCE OF 79.99 FEET; THENCE S01016'03"E ALONG THE WESTERLY LINE OF THE PARCEL DESCRIBED BY THE WARRANTY DEED RECORDED IN BOOK 439, PAGE 231 OF THE RECORDS OF THE JOHNSON COUNTY, IOWA RECORDER'S OFFICE, A DISTANCE OF 118.69 FEET TO A POINT ALONG THE NORTHERLY LINE OF PARCEL 6A OF THE ACQUISITION PLAT RECORDED WITH THE WARRANTY DEED IN BOOK 3058, PAGE 1 OF THE RECORDS OF THE JOHNSON COUNTY, IOWA RECORDER'S OFFICE; THENCE S88°47'17"W ALONG SAID NORTHERLY LINE, A DISTANCE OF 15.52 FEET TO A POINT OF CURVATURE; THENCE SOUTHWESTERLY ALONG SAID NORTHERLY LINE BEING A CURVE TO THE LEFT HAVING A RADIUS OF 431.45 FEET AND A CHORD BEARING OF S77010'48"W, AN ARC DISTANCE OF 175.47 FEET; THENCE N24028'16"W, A DISTANCE OF 59.44 FEET; THENCE N90000'00"W, A DISTANCE OF 252.00 TO A POINT ALONG THE EASTERLY LINE OF AUDITOR'S PARCEL "B" AS RECORDED IN BOOK 32, PAGE 53 OF THE RECORDS OF THE JOHNSON COUNTY, IOWA RECORDER'S OFFICE; THENCE NO2030'21"W ALONG THE EASTERLY LINE OF SAID AUDITOR'S PARCEL "B", A DISTANCE OF 101.16 FEET; THENCE N89041'34"E ALONG SAID EASTERLY LINE, A DISTANCE OF 14.73 FEET; THENCE N00030'10"W ALONG SAID EASTERLY LINE OF AUDITOR'S PARCEL "B", A DISTANCE OF 173.83 FEET TO THE NORTHWEST CORNER OF AUDITOR'S PARCEL "A" ALSO BEING THE SOUTHERLY RIGHT-OF-WAY LINE OF INTERSTATE HIGHWAY 80; THENCE S89059'20"E ALONG THE NORTHERLY LINE OF SAID AUDITOR'S PARCEL "A", A DISTANCE OF 462.55 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 3.18 ACRES AND IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. 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 / \ Ordinance No. 18-4740 Page 3 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 Planned Development Sensitive Areas Development Plan and to record the same, at the office of the County Recorder of Johnson County, Iowa, at the owner's expense, all as provided by law. Section V. Repealer. All ordinances and parts of ordinances in conflict with the 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 March 20 18 Mal Approved by: At es'- City Clerk City Attorneys Office a by y /IB (01 PO RAiE SEAL Ordinance No. 18-4740 Page 4 It was moved by Mims and seconded by _ Thomas that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS x x x x x x ABSENT: x Botchway Cole Mims Salih Taylor Thomas Tlrrogmorton First Consideration 02/20/2018 Vote for passage: AYES: Cole, Mims, Salih, Taylor, Thomas, Throgmorton, Botchway. NAYS: None. ABSENT: None. Second Consideration _ Vote for passage: Date published_ 03/15/2018 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 meetinH 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: Taylor, Thomas, Throgmorton, Cole, Mims, Salih. NAYS: None. ABSENT: Botchway. APPLICATION FOR REZONING FOSTER ROAD PLANNED DEVELOPMENT SENSITIVE AREAS DEVELOPMENT PLAN (REVISED 02.13.18) IN THE CITY OF IOWA CITY, JOHNSON COUNTY, IOWA PARCEL907M380001 10.79 ACRES LEGAL DESCRIPTION OVWgT1E AMPATELY ^^ EXISTING LOT LINES SHOWN HERE PROPOSED LOT LINES SHOWN ON PLANS ARE CONCEPTUAL ONLY AND SUBJECT TO CHANGE FINALLOT UNES WILL 6E PRO RDEO WITH PLAT SUBMITTAL .Ao y � CCGL%e'er IOWA CRY, NHNSON COUNTY, IDWA PARCEL00704454001 1.95ACRES \ PARCELNO 54002 5.14 ACRE0 7.97ACRES PARCEL 81003129100 PARCEL#1=126005 21.65ACRESt/ZII.9�NACRI'Sr RVDX OZSACRES N nVY nP CNPFTC 'sneET - P7RlE'* - - W.W WVER 6xEET SENIOR HOUSIRG CM Clm 11GMx DENRAW Kilff Cl 02 EXISTNG SEXLnVE ARM Posse AT uvovrmuT . SMOTE, ARM UEVFLORrtM PW! .11 ¢REPux-eon 1 e 2 RM SIZE PLAN- TI C2.0 sNE P.. LOTA AO.W RENOERIXOOVERVIEW Al. NIRA RENOERINW uxrtW RExoEmxGs A2al NIRRIRNOEMNO9 ALAS 4WRD]RENOEmMO A RENERIAGS A'.. 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INTENT: THE 53 STANDARD IS A BUFFERING TREATMENT THAT USES ~•17-0 wl DENSE LANDSCAPE SCREENING TO PROVIDE A VISUAL AND PHYSICAL SEPARATEDN BETWEEN USES AND ZONES. R 15 COMMONLY APPLIED BETWFENRESIVENTYL USES AND COMMERCIAL AND INDUSTRIAL USES RMS TO SCREEN OUTDOOR WORK OR STORAGE AREAS. FOSTER ROPD pEVELOPMENi L REQUIRED MATERIALS: ENOUGH SHRUBS AND SMALL EVERGREENS EVERGREENS TIS fORM A COMINUOUS SCREEN OR HEDGE AT LEAST FIVE FEET 151 TO SIX Flu (611N HEIGHT AND MORE THAN FIFTY PERCENT R0%) SOLID YEAR ROUND. SCREENING MATERIALS MUST BE AT LEAST THREE FEET (31 MGM WHENP4NTFD. AT LEAST ONE-HALF )1/2) THE SHRUBS MUST BE EVERGREEN VARIETIES. P. ALTERNATIVE MATERIALS (OPTION A): A BERM MAY BE USED m COPUUNCTNNF WIT( A HEDGE TO ACHIEVE AN OVERALL HEIGHT OR SITE 9 §� FEET (6), B. ALTERNATNIE KS IN THE W LL RIINCI COHTIHUOUSOR REMICONTNUOUS FIVE (5) TO SM FOOT (51 HIGH MASONRY WALL OR SOLID PERMITTED FOR BREAKSINWALLORIRED hbk aNQ1NaBA1N0 r \ AND STRET KCESSAHp lD AC[OMMOWtE RfQUIRF051HfFTTRFFS.ONE SHRUB PFR TEN (ID) ONFAR FEET OF WALL, ON AVERAGE, IS REQUIRED. SHRUBS MAY BE GROUPED. BUT LONG STRETCHES WITHOUT ANY SHRUBS SHOULD BE AVOIDEQ. OF LHf SHRUBS MOST GROW TO \ 'j• � 1 \\\\\\\\\\\\\\ \\ \\\ NO THAN ENf FIVEFTT(51ONNUTHERD HEIGHT • PLAN SHOWS VEGETATED S3 SCREENING. \ \\\\\\ No FINAL GOIRNTOBEDT. TTUAEOF STE DEVELOPfMENT. FINALXRGRE UDEMFNTIBEDFTFRMIHFDAOOEOF • FINAL DESIGHTOBF IN ACCORDANCE WIIHTHE ABOVE SCI1fEMMG IIFpUMFMFNIS IH TME- IOWA [m CODf OL -s 8 MOINAII[F5. TYPICAL SCREENING PLANTINGS w.a.n O \ y ✓ m m m— m— m m— m— I ] RE errr�P�r n � �m�m — a.rPmre MMVMp LOD I . n L.---...---... _ m m—ae—mo—me—mn �DscAPE PIPN-Lor rsx Prepared by Sarah Walz, Associate Planner, 410 E. Washington, Iowa City, IA 52240; 319/356-IL E D DECISION 2018 MAR 15AN 8 IOWA CITY BOARD OF ADJUSTMENT 52 WEDNESDAY, 14 FEBRUARY 2018 CLERK CITY EMMA J. HARVAT HALL IOWA Y CLERKIOYe'A MEMBERS PRESENT: T. Gene Chrischilles, Tim Weitzel, Bryce Parker, Ryan Hall MEMBERS ABSENT: Connie Goeb STAFF PRESENT: Sue Dulek, Sarah Walz, OTHERS PRESENT: Thomas McInerney, Mike Olivera, Robert Carlson, Dan Rowher SPECIAL EXCEPTION ITEMS: EXC18-00001: A public hearing regarding an application submitted by Thomas McInerney for a special exception to allow a drive-through restaurant in the Community Commercial (CC -2) zone located at 51 S. Riverside Drive (Gateway Plaza). 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; an adequate number of stacking spaces will be provided to ensure traffic safety is not compromised; 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 property has access from arterial roadways, Highway 1 West and South Riverside Drive, via a frontage road. • A frontage road provides circulation around the large shared parking area that serves the Gateway Plaza shopping center as well as adjacent commercial properties to the west and south. • There are two primary access points to the proposed drive-through: an existing curb cut from the north frontage road, which will be reduced in width to better control access, and a new curb cut from the east frontage road. • During peak morning hours, most vehicles will enter the site via access points from the frontage road. • The site plan indicates a median island that runs between the parking rows to the west of the restaurant control vehicle access to the drive-through lane. • The proposed use is a coffee service, a use that has a high queueing demand. • The site plan submitted for the proposed drive-through shows adequate space for 6 vehicles to stack between the pick-up window and the order board with additional stacking available within the private parking area. • Peak hours for coffee service are generally limited to the early morning when most businesses in the shopping center are not open to the public. However, the Board finds that the roadway surrounding the shopping center lacks pedestrian facilities and that there are presently few, if any, accommodations for pedestrians within the shopping center parking area and the existing parking area is non- IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII I Doc ID: 026985350007 Type: GEN Kind: DECISION Recorded: 03/16/2018 at 02:32:34 PM Fee Amt: $37.00 Pape 1 of 7 Johnson county Iowa Kim Painter county Recorder RK5766 PG242-248 1 conforming with regard to parking area elements. The Board finds that the additii �fitieD new restaurant building is considered an expansion of the shopping center and thus requires improvements to the parking area (e.g. landscaped areas at UMTS MIM b5rkiAU 8: 52 aisles, parking area trees, etc.). The Board concludes that with required improvements to the non -conforming parking area (similar to the applicant's submitted "conc t oa6LERK the shopping center parking) the overall safety of the parking area will bpi" rUETdtbj04"/A providing clearer demarcation of aisles and drives and that providing a pedestrian route between the shopping center and the coffee shop as part of the required improvements will help to ensure the safety of pedestrians moving across the shopping center site. The Board concludes that there will be sufficient on-site signage and pavement markings to indicate the 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 indicates directional arrows and other pavement markings are provided, including a stop bar and DO NOT ENTER marking at the exit of the drive-through. • The site plan shows directional signs for the two curb cuts from the frontage road (one to the east and one to the north) should be installed to direct cars into the site. Additional signage marks the entry to the drive-through lane. The Board concludes that the proposed street -facing location of the drive-through lane and service windows is preferable for the overall safety and efficiency of the site; does not conflict with adjacent uses or pedestrian access; and will not compromise the character of the streetscape or neighborhood in which it is located based on the following findings: • The layout of the larger shopping center, which relies on access from the frontage road rather than directly from the adjacent arterial streets, makes the location of the drive- through less of a concern in terms of its impact on the Highway 1 and Riverside Drive. • Within the context of the larger shopping center and its parking area, the location of the drive allows it to be fully separated from parking aisles and drives, thereby minimizing conflicts with other users of the site. • A single, 12 -foot wide drive-through lane is proposed with one order board and service window. • The location of the drive-through lane does not interfere with the potential for the installation of pedestrian facilities in the future. • Existing trees located within the Highway 1 right-of-way provide some screening of the site. • The drive-through lane is sct back well ovor 10 feet from the east property line and meets the 10 -foot setback along the north property line. • By requiring as a condition that 50% of the S2 shrubs be of an evergreen variety, adequate screening is provided from the right-of-way. The Board concludes the number of drive-through lanes, stacking spaces, and paved area necessary for the drive-through facility will not be detrimental to the adjacent residential properties or detract from or unduly interrupt pedestrian circulation or commercial character of the area: • The site is surrounded by commercial zoning to the north, west, and south; property to the east of Riverside Drive is zoned public. If the public zone should ever be rezoned, it likely would be zoned commercial due to its location at the major intersection of two arterial streets. • A single, 12 -foot wide drive-through lane is shown. 2 N LO ® CO ax ([ J c �`iiy requiring as a condition that 50% of the S2 shrubs be of an evergreen variety, [n --j-"idequate screening is provided from the right-of-way. a Any new lighting must meet current code standards and will be reviewed as part (j Q=aof the building permit process. Ite BoaQ concludes that loudspeakers or intercom systems, if allowed, should be located Pfd directed to minimize disturbance to adjacent uses based on the following findings: • The site plan shows intercom systems and order boards directed toward the east southeast: • There are no residential properties in the vicinity of the site. Based on the findings above and the following additional findings, including the Board's condition requiring the establishment of a pedestrian route as part of the required parking area improvements for the shopping center, 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: • Riverside Drive and Highway 1 are designed to accommodate the levels of traffic generated by large commercial uses. • The drive-through lanes are located more than 100 feet from the shopping area entrance drives to Highway 1 and Riverside Drive. • While there are currently no sidewalks to serve this shopping center, the location of the drive-through does not interfere with opportunities to establish pedestrian access to the site in the future. • The proposed drive-through lane and order board will be located away from other uses in the shopping center. • Improvements to the parking area to better define parking rows and aisles will help to control and direct vehicles as they travel across the site. The Board concludes that adequate measures have been or will be taken to provide ingress or egress designed so as to minimize traffic congestion on public streets based on the following findings: • The proposed use relies primarily on access from the frontage road with additional access from within the parking area. • There is adequate space for 6 cars to stack in the drive-through lane with additional stacking space within the private parking area to provide stacking for several more vehicles along the parking aisle. • While coffee service is known to require additional queuing, peak hours of demand are in the early morning when most other businesses are not open to the public. The Board concludes that adequate utilities, access roads, drainage and/or necessary facilities have been or are being provided based on the following findings: 1� • Drainage on the site will be improved as some areas of the shopping center that are currently paved will be converted to green space, including an area to the east of the drive-through land and within the parking lot where medians islands/end caps along the parking rows are required in order to bring the non -conforming parking area into closer conformance with zoning code standards. 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 findings above in addition to the following findings: • All other aspects of the site not specifically addressed here (e.g. lighting, signage) must be reviewed as part of building permit and site plan process and must meet current code standard. • The larger parking area, which serves the shopping center is non -conforming with regard to design elements (i.e. median/ terminal islands, landscaping, etc.). Because the establishment of the restaurant is an expansion of the commercial use, the applicant is required to bring the parking area into conformance with parking standards according to the standards for non -conforming development in the code. 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. • The South Central District Plan calls for improved landscaping along Highway 1 as a main entryway to the city. The proposed landscaping for the use should contribute to the overall aesthetic of the highway entrance as well as its proximity to the Riverfront Crossings District to the north of the highway. By a vote of 4-0 (Goeb absent) the Board approves EXC18-00001, a special exception to allow a drive-through facility for an eating establishment in the Community Commercial (CC -2) zone, at 51 South Riverside Drive, subject to the following conditions: N LP SuhQtantial compliance with site plan submitted with the following additional ® °D es: w sV�glong the north and east frontages, required S2 landscape screen must include Q J>60% evergreen species. _j LO U).- p.Eystablishment of a pedestrian route between the main shopping center building LL 4 '--,and the restaurant shall be part of the of the parking area improvements required X: �por overall site. o - N 2. EXC18-00002 - Public hearing regarding an application submitted by Prestige Properties LLC for a special exception for reductions in the principal building setback requirements for property located in the Community Commercial (CC -2) zone located at 408 S. Gilbert Street. C The Board concludes that the situation is peculiar to the property based on the following findings: • The subject property is an oddly shaped (nearly triangular) remnant parcel with Community Commercial (CC -2) zoning, which abuts residential zones to the north and south. • The existing building is placed at an angle to the street. The Board concludes there is practical difficulty complying with the setback requirements based on the following findings: • The applicant seeks to expand the building to meet the unique needs of the existing use. Those needs include a large amount of file storage on site as well as specialized refrigeration. • There is limited opportunity to provide the minimum parking on the property. The Board concludes that granting the special exception will not be contrary to the purpose of the setback requirements based on the following findings: • The applicant has a perpetual access easement along the north property line for the driveway that serves the adjacent RM -44 property at 406 Gilbert Street. This provides approximately 20 feet of separation between structures, which is more space for light, air, fire protection, firefighting, and privacy than is otherwise required by the setback standards. • The property is located within an area of the Gilbert Street Subdistrict (Riverfront Crossings Plan), which calls for buildings along the east side of Gilbert Street to come into a more urban form as they redevelop, "with buildings fronting the street and parking located to the side or rear of the building". By relocating the entrance and providing a connection with the public sidewalk, the property more closely aligns with the long-term vision for the district. The Board concludes that any potential negative effects resulting from the setback exception are mitigated to the extent practical based on the following findings: • The relocation of the entrance to provide direct access from the sidewalk brings the property closer to what is envisioned for this area in the Gilbert Street Subdistrict. cv • The proposed design introduces a glass entryway. rn Q ® o� Tl,Pgard finds that the subject building will be located no closer than 3 feet to a side or W rgoSfDperty line. U")TWROard concludes that the specific proposed exception will not be detrimental to or —'en, er the public health, safety, comfort or general welfare; will not be injurious to the gush d 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 Nand 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 reduction in the front principal building setback along Gilbert Street is to create a new entrance that is more accessible to pedestrian traffic and will not interfere with or impede visibility along Gilbert Street. • As noted above, a perpetual easement along the driveway on the adjacent property preserves 20 feet of separation between existing or future buildings. 1O Over time, as properties on the east side of Gilbert Street redevelop, they will be required to come into the Riverfront Crossings zone, providing setbacks similar to what exists on the west side of the street. The Board finds that adequate utilities, access roads, drainage and/or necessary facilities are already provided to the property. The Board concludes that adequate measures have been taken to provide ingress or egress designed so as to minimize traffic congestion on public streets based on the following findings: • No changes are proposed to the parking arrangement and none are required. The property meets the minimum parking requirement. • The property is located with access from Gilbert Street, which is a 4 -lane arterial street designed to serve high traffic uses. • The use of the site is not one that generates significant traffic; issues with ingress or egress from Gilbert Street are not anticipated. 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: cw The parking area for the use is considered non -conforming with regard to required seVcks and screening. A 10 -foot setback is typically required with S2 (low) landscape (� CC)ning to separate and screen vehicle areas from pedestrian areas. A condition w cScant d be imposed that, where the minimum parking area set back cannot be met, the must provide a 2'/z- to 3- foot masonry wall in addition to S2 screening shrubs t5LUJer to meet the intent of the setback standard, which is to provide separation tm�een vehicle and pedestrian areas. g �p 0he Beard concludes that the proposed use will be consistent with the Comprehensive "Ian, as amended, based on the following findings: • The Riverfront Crossings Master Plan notes that this area of Gilbert Street consists of a number of mixed-use and high-density apartments that are not likely to experience significant redevelopment in the near future. With this in mind, the plan includes goals to retrofit suburban development form and creative and adaptive reuse of existing structures. Relocating the main entrance of the building to face toward the public sidewalk, brings the building closer to the sort of pedestrian -oriented development that exists along the west side of Gilbert Street and on other properties in and around the Downtown. DISPOSITION: By a vote of 4-0 (Goeb absent) the Board approves EXC18-00002, an application for a reduction in the principal building setbacks from 10 feet to 1'10" for the front (west), and from 5 feet to 3 feet for the side (north) for property located in the Community Commercial (CC -2) zone at 408 Gilbert Street subject to substantial compliance with the site plan submitted and the additional condition: 14 Parking areas shall be screened from Gilbert Street to the required S2 standard, with a low 2Y=- to 3- foot masonry wall with additional landscaping. Final plan to be approved by planning staff. TIME LIMITATIONS: All orders of the Board, which do not set a specific time limitation on Applicant action, shall expire six (6) months from the date they were filed with the City Clerk, unless the Applicant shall have taken action within such time period to establish the use or construct the improvement authorized under the terms of the Board's decision. City Code Section 14-8C-1 E, City of Iowa City, Iowa. i T.'Gene Chrischilles, Chairperson STATE OF IOWA JOHNSON COUNTY Approved by: 3 City Attorney's Office 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 141 day of February, 2018, as the same appears of record in my Office. Dated at Iowa City, this 4-A. day of �" ��� 2Z KeIR6 K. Fruehling- t gfd RKl.q CORPORRTE SEAL:`:: �� �� ��� . 'y ' �-d on<aoopPq�'��', 'i'-,bJ$.'. C�'>a.r. '=w lU N U1J <Z Q J}' V- �- U LL LL C=Q g US m O o N 4-A. day of �" ��� 2Z KeIR6 K. Fruehling- t gfd RKl.q CORPORRTE SEAL:`:: �� �� ��� . 'y ' �-d on<aoopPq�'��', 'i'-,bJ$.'. C�'>a.r. '=w lU c ,,,* 69 Doc ID: 026989920013 Type: GEN Kind: SUBDIVISION Recorded: 03/26/2018 at 10:13:20 AM Fee Amt: $67.00 Pape 1 of 13 Johnson County Iowa Kim Painter County Recorder 6K5767 PG962-974 STATE OF IOWA ) ) SS COUNTY OF JOHNSON ) 114- mat CITY OF IOWA CITY 410 Easl Washinglon Street Iowa City. Iowa 52240.1826 (319) 356-5000 (319) 356-5009 FAX www.lcgov.org I, Kellie K. Fruebling, City Clerk of the City of Iowa City, Iowa, do hereby state that Resolution No 17-364 was previously recorded on February 12, 2018, Book 5756, Pages 181-201, should also include these documents which were pertinent to the resolution: (1) Off -Site Sanitary Sewer and Water Main Easement Agreement and (2) Temporary Construction Easement Agreement. Copies are attached. Dated at Iowa City, Iowa, this 23nd day of March, 2018. Kel le K. Fruehling City Clerk \material NO 11 [A�� 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 OFF-SITE SANITARY SEWER AND WATER MAIN EASEMENT AGREEMENT THIS AGREEMENT is made and entered into by and between SG & M Properties, L.L.C., hereinafter referred to as "Owner," which expression shall include its successors in interest and assigns, the City of Iowa City, Iowa, hereinafter referred to as "City," and Steve Kohli Construction, L.C., hereinafter referred to as "Subdivider," which expression shall include its successors in interest and assigns. WHEREAS, Subdivider is subdividing and will be developing the real estate as set forth and described on the Final Plat of Brookwood Pointe Fifth Addition, Iowa City, Iowa; and WHEREAS, as a condition for the approval of the Final Plat of Brookwood Pointe Fifth Addition, Iowa City, Iowa, an off-site sanitary sewer and water main easement will need to be obtained over real estate owned by Owner; and WHEREAS, Owner is willing to grant to Subdivider and City the easement set forth and detailed herein. 11 NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: 1. Owner states and covenants that it is the owner of certain real estate depicted as "Sanitary Sewer and Water Main Easement " on the attached easement sketch and description (Exhibit "A") by virtue of legal and/or equitable title, and it is lawfully seized and possessed of said real estate and that it has good and lawful right to convey the easement described herein. 2. For the sum of One Dollar ($1.00) and other valuable consideration, receipt of which is hereby acknowledged, the Owner hereby grants and conveys to the City an easement for the purposes of excavating for and the installation, replacement, maintenance and use of a sanitary sewer line and a water main as the City shall from time to time elect for conveying water and all necessary appliances and fittings for use in connection with said sanitary sewer line and water main, together with adequate protection thereof, with right of ingress and egress thereto, over and across the areas designated as "Sanitary Sewer and Water Main Easement" as shown on Exhibit "A" (hereinafter "easement areas"). 3. The Owner further grants to the City the following rights in connection with the above: A. The right of grading said easement areas for the full width thereof and the right to extend the cuts and fills for such grading into and on said land along and outside of said easement areas, to such extent as the City may find reasonably necessary. B. The right from time to time to trim, cut down and clear away all trees and brush on said easement areas and on either side of said easement areas which now or hereafter in the opinion of the City may be a hazard to said areas or may interfere with the exercise of the City's rights hereunder in any manner. C. The right to enter onto land beyond the easement area to conduct emergency repairs and that may extend beyond the easement area without obtaining a separate temporary easement. The City's right to do such work shall be effective only upon City's prior notice to Owner and with minimal disruption of the area. 2 \1 D. At the conclusion of the work necessary for the construction and installation of the sanitary sewer and water main, Subdivider shall replace topsoil removed or stripped from the surface of the land with a minimum six inch (6") topsoil surface with seeding and erosion control in place. This Sanitary Sewer and Water Main Easement as described herein is a permanent, nonexclusive easement. 4. Nothing in this Agreement shall be construed to impose a requirement on the City to install the original public improvements at issue herein. Nor shall the Subdivider be deemed acting as the City's agent during the original construction and installation of said improvements. The parties agree that the obligation to install the public improvement(s) herein shall be in accordance with City specifications, and the obligation shall remain on the Subdivider until completion by the Subdivider and until acceptance by the City as provided by law. 5. Subdivider shall indemnify Owner against any loss and damage which shall be caused in the installation and construction of the improvements described herein. This indemnification shall cease and terminate upon City approval and acceptance of said improvements. City shall indemnify Owner against any unreasonable loss or damage which shall be caused by the negligent exercise of any easement rights granted herein by the City or its agents or employees in the course of their employment. 6. Owner reserves the right to use said easement areas for purposes which will not interfere with the City's full enjoyment of its rights granted herein, provided that the Owner and its successors and assigns shall not erect or construct any building, fence, retaining wall or other structures, plant any trees, drill or operate any well, or construct any reservoirs or other obstruction on said easement areas or diminish or substantially add to the ground cover over said easement areas. Any such improvements installed therein, with or without City approval, may be removed by the City without compensation or replacement. 3 11 7. The terms and provisions of this Easement 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 title to the land and shall be recorded in the Johnson County Recorder's Office. Dated this 2Z day of March, 2018. CITY OF IOWA CITY, IOWA By: jarkes A. Throgmorton, M or ATTEST: CORPORATE SEAL Kellie Fruehling, GO Clerk SG & M PROPERTIES, L.L.C. By: Caleb Wilson, Manager C! 11 STATE OF IOWA ) ) ss: JOHNSON COUNTY ) This instrument was acknowledged before me on March -i� 2018, by James A. Throgmorton and Kellie Fruehling, as Mayor and City Clerk, respectively, of the City of Iowa City, Iowa. CHRISTINE OLNEY Av��� z" Commission Number 806232 Comm2lssion Expires Notary Public in and for the State of Iowa STATE OF IOWA ) ) ss: JOHNSON COUNTY ) This instrument was acknowledged before me on March qk 2018, by Caleb Wilson, as Manager of SG & M Properties, L.L.C. MMINAN COONS CommisalbNumber 760 6 PAy/pi, i��' Notary Public in and for the State of Iowa STATE OF IOWA ) ) ss: JOHNSON COUNTY ) This instrument was acknowledged before me on March /3 2018, by Steve Kohli, as a member of Steve Kohli Construction, L.C. SHIRLEY M. STOCi AN = member Notary Pic in and for the State of Iowa 5 1� EXHIBIT "All EASEMENT DESCRIPTION — SAMTARY SEWER ANO WATER NAW EASEMENT THAT PART OF AUDITOR'S PARCEL 1001044 ACCORDWO TO THE PUT RECORDED 1H£REDF W PUT SOON 43 AT PACE 94, JOHNSON COUNTY RECORDER'S OFFICE, IOWA CITY, IOWA, MORE PARTICULARLY DESCRIBED AS FOLLOWS.- BEGINNING OLLOWS:BEGINNING AT THE NORMEJST CORNER OF SAID AUDITORS PARCEL 2001045, MENCE S 00'JO'JS' E ALONG THE EAST WE OF SAID AUDITOR'S PARCEL 2001045, 66.01 FEET; THENCE S OW"'Of' W. 40.01 FEET. HENCE N 00'JO'35' W. 68.01 FELT,. THENCE N 98'29'01' E, 40.01 FEET TO ME POWT OF BEGWN,NC, CONLVNINO 0.06 ACRES, MORE OR LESS, AND IS SUBJECT TO ANY EASEMENTS AND RESTRIMONS OF RECORD. TOGETHER WRH 0.06 ACRES OF TEUMPARY CONSTRUCTION USEVW.. AS SHOWN HEREON THAT WRL SUNSET AT ME COMPLETION AND ACCEPTANCE OF THE PROJECT. T(MPORWY AM) PAW 1.1. 200101!. COB MMTWN ; N. P.4REAL 9'i 111 r:m p(4n IrfM.:w WEMENT� Ar J 1,.:1.11".1%11.AI OSB6'}9'OI 60M, AUOIRIFS PgRCE1, TIX11015 ,tp V' 10.00 40A0 rml) 518. wwr mm 10.01 l LINE AVWDR S PAR_QL_2001015 , " _ _YE_ll0_W LW_BF65_ J 0 3$ $0 190 _LIST WEsi (WE W2m A BR00MW000 5 ]O J3E I �I I PdMETOURM AOORION M 16601 Eknlhg T•mPwvry� SCALE: 1' = 50' I I I I Blarm Sam ona I 011101 'A' I I OnIm9• E..,M I DI100KLNO00 POINTE F0IIRI'HJdN1TI0N I Wopan OM• L LEGEND I I Comn6 I I 66' RO.W.- 0 SECR0I1 CORNER AS NOTED I II E•iaCTp JO' SaMtary I • FOUND IRON PIN AS NOTED i barer Eaum•M �I I I POB POINT OF BEGINNING I • 0 D DDTENSION OF RECORD _—R.O.W.% PUTTED UNE —_ EXlSRNO EASEMENT LWE SURVEY RMUESTEO BM. NOTES: ----------------------- STEYf RGH1 CGNSMWWN. L.C. 1. LIN M DIMENSIONS ARE IN {FET MIO 0MIWLS THEREOr. TEMPoRAR)' FASEMpTT TINE PAOPg5E0 WATETIAVN OWNER. S G k M PROPERTIES LLC 2. ERROR OF CLOSURE 15 LESS THAN 1 FOOT IN 10,000 FEET. uv_— J, BASIS FOR BEARINGS IS IOWA SOUTH ZONE STATE P NAD BJ PROPOSED Sw17 SEWER WED ON JOHNSON CDLW)T AND WWA CRY OPS MONUMENTS. 11 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 CONSTRUCTION EASEMENT AGREEMENT THIS AGREEMENT is made and entered into by and between SG & M Properties, L.L.C., hereinafter referred to as "Owner," which expression shall include its successors in interest and assigns, the City of Iowa City, Iowa, hereinafter referred to as "City," and Steve Kohli Construction, L.C., hereinafter referred to as "Subdivider," which expression shall include its successors in interest and assigns. WHEREAS, Subdivider is subdividing and will be developing the real estate as set forth and described on the Final Plat of Brookwood Pointe Fifth Addition, Iowa City, Iowa; and WHEREAS, as a condition for the approval of the Final Plat of Brookwood Pointe Fifth Addition, Iowa City, Iowa, Subdivider needs a temporary construction easement from Owner to construct and install sanitary sewer and water main improvements for the subdivision; and WHEREAS, Owner is willing to grant to Subdivider and City the easement set forth and detailed herein. 11 NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: 1. Owner states and covenants that it is the owner of certain real estate depicted as "temporary construction easement" on the attached easement sketch and description (Exhibit "A") by virtue of legal and/or equitable title, and it is lawfully seized and possessed of said real estate and that it has good and lawful right to convey the easement described herein. 2. For the sum of One Dollar ($1.00) and other valuable consideration, receipt of which is hereby acknowledged, the Owner hereby grants and conveys to the City and Subdivider a temporary construction easement located as shown and designated on Exhibit "A" for the purpose of the construction and installation of sanitary sewer and water main, together with all necessary appliances and fittings along with right of ingress and egress thereto. 3. The Owner further grants to the City and Subdivider the following rights in connection with the above: A. The right of grading said easement areas for the full width thereof and the right to extend the cuts and fills for such grading into and on said land along and outside of said easement areas, to such extent as the City or Subdivider may find reasonably necessary. B. The right from time to time to trim, cut down and clear away all trees and brush on said easement areas and on either side of said easement areas which now or hereafter in the opinion of the City or Subdivider may be a hazard to said areas or may interfere with the exercise of the City's or Subdivider's rights hereunder in any manner. C. The right to enter onto land beyond the easement area to conduct emergency repairs and that may extend beyond the easement area without obtaining a separate temporary easement. The City's or Subdivider's right to do such work shall be effective only upon City's or Subdivider's prior notice to Owner and with minimal disruption of the area. 2 11 D. At the conclusion of the work necessary for the construction and installation of sanitary sewer and water main, Subdivider shall replace topsoil removed or stripped from the surface of the land with a minimum six inch (6") topsoil surface with seeding and erosion control in place. E. The term of the temporary construction easement described herein will be for the period of time required to complete sanitary sewer and water main installations. Notwithstanding the foregoing, the temporary construction easement shall automatically expire upon the acceptance of the sanitary sewer and water main improvements by resolution by the Iowa City Council. This temporary construction easement is a temporary, nonexclusive easement. 4. Nothing in this Agreement shall be construed to impose a requirement on the City to install the original public improvements at issue herein. Nor shall the Subdivider be deemed acting as the City's agent during the original construction and installation of said improvements. The parties agree that the obligation to install the public improvement(s) herein shall be in accordance with City specifications, and the obligation shall remain on the Subdivider until completion by the Subdivider and until acceptance by the City as provided by law. 5. Subdivider shall indemnify Owner against any loss and damage which shall be caused in the installation and construction of the improvements described herein. City shall indemnify Owner against any unreasonable loss or damage which shall be caused by the negligent exercise of any easement rights granted herein by the City or its agents or employees in the course'of their employment. 6. Owner reserves the right to use said easement areas for purposes which will not interfere with the City's full enjoyment of its rights granted herein, provided that the Owner and its successors and assigns shall not erect or construct any building, fence, retaining wall or other structures, plant any trees, drill or operate any well, or construct any reservoirs or other obstruction on said easement areas or diminish or substantially add to the ground cover over said easement areas. Any such improvements installed therein, with or without City approval, may be removed by the City without compensation or replacement. W 11 7. The terms and provisions of this Temporary Construction Easement 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 title to the land and shall be recorded in the Johnson County Recorder's Office. Dated thiseday of March, 2018. CITY OF IOWA CITY, IOWA By: James A. Throgmorton, Mayor " o-sa ` man ATTEST: i r ik Kellie Fruehling, Ci Clerk CORPORA \J SG & M PROPERTIES, L.L.C. B. Caleb Wilson, Manager C! 1� STATE OF IOWA ) ss: JOHNSON COUNTY ) This instrument was acknowledged before me on Marched 2018, by James A. Throgmorton and Kellie Fruehling, as Mayor and City Clerk, respectively, of the City of Iowa City, Iowa. MTO! STATE 3 2 OF IOWA ) ss: JOHNSON COUNTY Notary Public in and f the State of Iowa This instrument was acknowledged before me on March 0- , 2018, by Caleb Wilson, as Manager of SG & M Properties, L.L.C. c, MARINAN COONS Commission Numnbeer 77160M MyGgTf?Nuzoob� STATE OF IOWA ) ss: JOHNSON COUNTY Aw", &M Notary Public in and for the State of Iowa This instrument was acknowledged before me on March i_ 3 2018, by Steve Kohli, as a member of Steve Kohli Construction, L.C. SHIRLEY M. STCCIg1AN Notary P61ic in and for the State of Iowa Commission Nurt� 7Y1 My Commissron Expires o _ 5 \1 EXHIBIT "A1l EASEMENT OESCRIPRON — SWARY SEWER AND WATER MAR! EASEMENT THAT PART OF AUOROR'S PARCEL 2001015, A WINO TO THE PIAT RECOROEO THEREOF W PUT SOOA 1.1 AT PAGE 81, JOHNSON COUNTY RECORDER'S OFME, IOWA CRY, IOWA, MORE PARRCUUHLY DESCRIBED AS FOLLOWS: BEGINNING AT TME NORRIFAST CORNER OF WO AUOROR'S PAR= 2001013: THENCE S 00'JO'JS' E ALONG THE FAST UNE OF SAID AUOROR'S PARCEL 2001015, 66.01 FEET. THENCE S 88'20'01' W. 10.01 FEET, THENCE N 00'JO'35' W, 66.01 FET,• THENCE N Be'2R'OI' E, 10.01 FEET TO THE POINT OF 8EGIN , CONAININO 0.06 ACRES, MORE OR LESS, AND IS SUBJECT TO ANY EASEMENTS AND RESTRICTIONS OF RECORD. TOGETHER WRH 0.06 AMU OF TEMPORARY CONSTRUC770M EASEMENT, AS SHOWN HEREON THAT WILL SUNSET AT THE COMPLERON AND ACCEPTANCE OF THE PROJECT. nun PAW L1 ).ful 141 I", V1,11 I: rub n. 568'20' _CW UNE AVOROR5 PAwCFI 1001013 D 25 -0 WES! UNE OVROT A BRWRWDOD POINTE MOT A00/IION BGlE: 011ILD1 "A' I BA00"J000 POINTE F0DR1'{1 JI!1WT[ON LEGEND SECRON CORNER AS HOMO • FOUND IRDS PW AS NOTED POR POINT OF BEOINNWO O DIMENSION OF' RECORD R.O.W. % PUTTED LIRE ENISIINO EASEMENT LWE Ri6PJAMY FASEAIfNi IJNE PROPSSED WATEir AAWN PROP ED SV a so EA+Iinvr s AUD, PARCEL 95 01 I I.: LVKx ".-1, 11 AVOROR5 PARCEL 3001045 NOTES: FOUND 5/8 REUAR WRN 1. LINEAR DWENSWNS ARE W FEET AND OWAOMS THEREOF. WUoW CM 6165 G _ L... I � I 660E I I I I L1114g Lmyoiury ^ I storm sem II i on6JI I Dm3a2a Conm.n{ I I w...e Wl. D W L I I I 66' RO.W, II I {� .II I �I I I II . I tl SURVEY REQUESTED V. NOTES: STEVE NONU MNSWU=N, L.G. 1. LINEAR DWENSWNS ARE W FEET AND OWAOMS THEREOF. OWNER: 2. ERROR OF CLOSURE a LESS THAN I £OOT IN ID,000 FEEL. S C & M PROPERDES LLC J. BASIS FOR BEARINGS IS IOWA SOUTH ZONE STATE PIANIE NAD BASED ON JOHNSON COUNTY AND IOWA CBY GPS MONUMENTS• \l GL Doc ID: 026989910013 Type: GEN Kind: ORDINANCE Recorded: 03/26/2018 at 10:13:14 AM Fee Amt: $67.00 Pape 1 of 13 Johnson County Iowa Kim Painter County Recorder BK5767 PG949-961 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. 18-4742 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 20th day of March 2018, is a true and correct copy, all as the same appears of record in my office. Dated at Iowa City, Iowa, this 2Z'";,(day of March 2018. C0-1 Kellie C. Fruehling Llr City Clerk \ord UPON[ R1 410 EAST WASHINGTON STREET • IOWA CITY, IOWA 52240-1826 • (319) 356-5000 • FAX (319) 356-5009 Prepared by: Sylvia Bochner, Planning Intern, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5240 (REZ17-00019) Ordinance No. 18-4742 An ordinance conditionally rezoning approximately 0.5 acres of property located at 1010 S. First Avenue from Low Density Single - Family Residential (RS -5) to Community Commercial (CC -2),1022 S. First Avenue from Low Density Single -Family Residential (RS -5) to Commercial Office (CO -1), and a portion of 1025 Wade Street from Commercial Office (CO -1) to Community Commercial (CC -2). (REZ17-00019) Whereas, the applicant, Kum & Go; L.C., has requested a rezoning of property located at 1010 S. First Avenue from Low Density Single -Family Residential (RS -5) to Community Commercial (CC -2), 1022 S. First Avenue from Low Density Single -Family Residential (RS -5) to Commercial Office (CO -1), and a portion of 1025 Wade Street from Commercial Office (CO -1) to Community Commercial (CC -2); and Whereas, the purpose of this rezoning is to allow for the consolidation of two gas stations, located at 2303 Muscatine Avenue and 2315 Muscatine Avenue, by contributing to the site of a redeveloped Kum & Go Market and gas station and providing parking for the Iowa City Hospice, located at 1025 Wade Street; and Whereas, the subject area is located within the Towncrest Urban Renewal Area and Towncrest Design Review District; and Whereas, the Comprehensive Plan supports redevelopment in this area according to Design Review standards; and Whereas, the proposed redevelopment meets several comprehensive plan goals, including improving the pedestrian environment, reducing the number of curb cuts on the property, and providing landscaped screening between commercial and residential uses; 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 conformance with the submitted concept and landscaping plans and the need for additional landscaping in parking areas; and Whereas, to avoid splitting platted lots with into two different zoning classifications, it is reasonable to require that the Owners replat the properties to conform to the zoning boundaries established in the rezoning ordinance to which this Agreement is attached and incorporated; 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, the properties described below are hereby classified as: qC \1 Qrdinance No. 18-4742 Page 2 A. CO -1: Auditor's Parcel 2018018 (Parcels A and B), as shown in Book 61, Page 392, in the records of the Johnson County, Iowa Recorder's Office. B. CC -2: Auditor's Parcel 2018017(Parcel A), as shown in Book 61, Page 391, in the records of the Johnson County, Iowa Recorder's Office. C: CC -2: COMMENCING AT THE SOUTHWEST CORNER OF LOT 12 IN BLOCK ONE, TOWNCREST ADDITION TO IOWA CITY, IOWA, ACCORDING TO THE RECORDED PLAT THEREOF; THENCE N01024'19"W ALONG THE EASTERLY RIGHT-OF-WAY LINE OF FIRST AVENUE, A DISTANCE OF 12.52 FEET; THENCE N13043'15"E ALONG SAID EASTERLY RIGHT-OF-WAY LINE, A DISTANCE OF 28.69 FEET; THENCE N01°20'01"W ALONG SAID EASTERLY RIGHT-OF-WAY LINE, A DISTANCE OF 18.15 AND THE POINT OF BEGINNING; THENCE CONTINUING N01020'01"W ALONG SAID EASTERLY RIGHT-OF-WAY LINE, A DISTANCE OF 73.48 FEET TO A POINT ON THE NORTH LINE OF SAID PARCEL; THENCE N88000'49"E ALONG THE NORTHERLY LINE OF SAID PARCEL TO THE NORTHEAST CORNER OF SAID PARCEL, A DISTANCE OF 117.10 FEET; THENCE S01017'34"E ALONG THE EASTERLY LINE OF SAID PARCEL TO THE SOUTH EAST CORNER OF SAID PARCEL, A DISTANCE OF 74.71 FEET; THENCE S88°34'51"W, ALONG THE SOUTH LINE OF SAID PARCEL, A DISTANCE OF 117.04 FEET TO THE POINT OF BEGINNING. SAID PROPERTY CONTAINS 0.20 ACRES MORE OR LESS AND IS SUBJECT TO EASEMENTS AND RESTRICTION 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 owners and the City, following passage and approval of this Ordinance. Section IV. Certification And Recording Upon passage and approval of the Ordinance, the City Clerk is hereby authorized and directed to certify a copy of this ordinance, and record the same in the Office of the County Recorder, Johnson County, Iowa, at the Owner's expense, upon the final passage, approval and publication of this ordinance, as provided by law. Section V. Reoealer. 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 nd appro ed th' ,d th' day of march 201 g, OR •ATTES- -,r ITV CLERK (0R�ORA1191 Qrdinance No. 18-474? Page 3 Appr ved by City Attorney's Office 0/6/h, m Ordinance No. 18-4742 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: x Botchway x Cole X— Mims x Salih x Taylor X Thomas T— Throgmorton First Consideration 03/06/2018 Vote for passage: AYES Mims. NAYS: None. Second Consideration _ Vote for passage: that the Salih, Taylor, Thomas, Throgmorton, Cole, ABSENT: Botchway. Date published . 03/29/2018 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: Botchway, Cole, Mims, Salih, Taylor, Thomas, Throgmorton. NAYS: None. ABSENT: None. I Prepared by: Sylva Buchner, Ptaohing Intern, 410 E. Waehhtgbn, lows Cay, IA 5MO (B19) s MO. (W17-00018) Conditional Zoning Agreement This -agreement is made, between the City of Iowa City, Iowa, a municipal corporation (hereinafter "City"), Bulldels of Hope Global Village, L.L.C., KG Store 502, LLC-, and Iowa City -Hospice. Iric. (hereinafter collectively referred to as "Owners"), and Kum & Go. L.C. (hereinafter °Applicsnr). Whereas, Owners are the collective legal title holder of approximately 0.5 acres of property located at 1010 S. First Avenue, 1022 S. First Avenue, and 1025 Wade Street, Iowa City, Iowa; and Whereas, the Applicant has requested the rezoning of 1010 S. First Avenue and a portion of 1025 Wade Street to Cammunity Commercial (CC -2), and 1022 S. First Avenue to Commercial Office (CO -1), and Whereas, the requested rezoning will allow commercial development in dose proximity to exiting residential uses; and Whereas, the Planning and Zoning Commission has determined that landscaping with over -story trees, evergreens trees, and shrubs Is necessary to buffer residential uses from lighting, noise, and traffic associated with commercial uses; and Whereas, the Planning and Zoning Commission has determined that, with appropriate conditions regarding conformance to submitted concept and landscaping plans, the requested zoning is conslstent with the Comprehensive Pian; and Whereas, to avoid splitting platted tots with Into two different zoning classifications, it is reasonable to require that the Owners replat the properties to conform to the zoning boundaries established In the rezoning ordinance to which this Agreement Is attached and Incorporated; and Whereas, Iowa Code §414,6 (2017) provides that the City of Iowa City may Impose reasonable donditions on granting a rezoning request, over and above existing regulations, to satisfy public needs caused by the requested change; and Whereas, the Owners and Applicant acknowledge that certain conditions and restrictions ere reasonable to ensure the development of the property is consistent with the Comprehensive Plan and the need for landscaped buffers between commercial and residential uses; and Whereas, the Owndts and Applicant agree to develop this property In accordance with the terns and conditions of this Conditional Zoning Agreement. Now, therefore, in consideration of the mutual promises contained herein, the parties agree as follows; AP 2018018 .1. Builders of Hope GkAml Village, LLC. Is the legal tilde holder of tip property legally Parcel B described as Auditor's Parcel 2018 W bas shown In Book &L, PagaM In the records of the Johnson County, Iowa Recorder's Office v► d E— %i 7l T A r h Car pvVr,44 PPdWdWfMi7.0ttle Mr4UaW=WR912awbom 1"m and e0dm 1 q AP 2018018 2• KG Store 502, 1-1-C., is the legal title holder of the property legally described as parcel A Auditors Parcel 20186J1 as shown In Book fol_, Page.SnY6, In the records of the Johnson County, Iowa Recorder's Office 8. Iowa City Hospice, Inc, is the legal title holder of the property legally described as AP 2019017 Auditor's Parcel 2018of as shown in Book &Page 39I In the records of the Parcel A 8 EiJohnson County, Iowa Recorder's Office. 4. The Owners acknowledge that the City wishes to ensure conformance to the principles of the Comprehensive Plan and the Southeast 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. . 6. In consideration of the City's rezoning the subject property, Owners and Applicant agree that development of the subject property will conform to all other requirements of the zoning chapter, that no building permit shall be -issued for any of the subject property until the City Council approves a final plat resubdivlding the subject property to conform to the zoning boundaries established by the rezoning ordinance to which this Agreement Is attached; and that any development on the subject property shall generally general conform to the attached site plan, particularly with regarding to the landscaping intended to provide a buffer between commercial and residential uses; and 6. The Owners -and Applicant acknowledge that the conditions contained herein are reasonable conditions to Impose on the land under Iowa Code §414.5 (2017), and that sold conditions satisfy public needs that are caused by the requested zoning change. 7. The Owners and Applicant 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. 8. 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, end shall remain In full force Arid effect as a covenant with title to the land, unless or until released of record by the City of Iowa City. The parties further acknowledge that this agreement shall inure to the benefit of and bind all successors, representatives, and assigns of the parties. 8. The Owners and Applicant acknowledge that nothing In this Conditional Zoning Agreement shall be construed to relieve the Owners or Applicant from complying with all other applicable local, state, and federal regulations. 10. The parties agree that this Conditional Zoning Agreement shall be incorporated by reference into the ordinance rezoning the subject property, and that upon adoption and publication of the ordinance, this agreement shall be recorded in the Johnson County Recorder's Office at the Applicant's expense. Dated this day of K"C A 20-L4 City of Iowa City ppdtld&dUiu1mW19 emMoW raft egw=t l Mum *nd go dou Builders of Hope Global Village, L.L.C. EXHIBIT COMMENCING AT THE SOUTHWEST CORNER OF LOT 12 IN BLOCK ONE, TOWNCREST ADDITION TO IOWA CITY, IOWA, ACCORDING TO THE RECORDED PLAT THEREOF; THENCE N01024'19"W ALONG THE EASTERLY RIGHT-OF-WAY LINE OF FIRST AVENUE, A DISTANCE OF 12.52 FEET; THENCE N13°43'15 -E ALONG SAID EASTERLY RIGHT-OF-WAY LINE, A DISTANCE OF 28.69 FEET; THENCE N01 -20'01-W ALONG SAID EASTERLY RIGHT-OF-WAY LINE, A DISTANCE OF 18.15 AND THE POINT OF BEGINNING; THENCE CONTINUING N01 °2901W ALONG SAID EASTERLY RIGHT-OF-WAY UNE, A DISTANCE OF 73AB FEET TO A POINT ON THE NORTH LINE OF SAID PARCEL; THENCE N88°00'4WE ALONG THE NORTHERLY LINE OF SAID PARCEL TO THE NORTHEAST CORNER OF SAID PARCEL, A DISTANCE OF 117.10 FEET; THENCE S010173VE ALONG THE EASTERLY LINE OF SAID PARCEL TO THE SOUTH EAST CORNER OF SAID PARCEL, A DISTANCE OF 74.71 FEET; THENCE S88 -34'51-W, ALONG THE SOUTH LINE OF SAID PARCEL, A DISTANCE OF 117.04 FEET TO THE POINT OF BEGINNING. SAID PROPERTY CONTAINS 0.20 ACRES MORE OR LESS AND IS SUBJECT TO EASEMENTS AND RESTRICTION OF RECORD. 3119J1� Cf3 3%s�/�s N Z7' Jim hrogmorton, Mayor Attest:-. - Kellie F(uehljng, Pily Clerk Approved. by: S City Attorney's Office CORPOM i 91s City of Iowa City Acknowledgement: STATE OF IOWA ) ) ss: JOHNSON COUNTY ) 0 KG Store 502, L.L.C. By: C-RAr'e G eacw S'ia-O M Iowa City Hospice, Inc. By: Kum 8 bFL.C. By'c.aan.a gr11„4s�vvn^ This instrument was acknowledged before me on f C 20/g'by Jim Throgmorton and Kellie Fruehling as Mayor and City Clerk, respectively, of the City of Iowa City. �. Ac CHRISTINE EE �'S Commission NumNotary Public in an for State of Iowa ; �l• My _Ion (Stamp or Sea[) L'c Builders of Hope Global Village, L.L.C. Acknowledgment: STATE OF IOWA ) ) ss: COUNTY) This instrument was acknowledged before me on ER Global Village, L.L.C. 20_ by of Builders of Hope ppdadMagVrez17-00019 wnd&nal tuning agreement kum and go.dw 3 \� KG Store 502, L.L.C. Acknowledgement: STATE OF IOWA ) ) Ss: 9AtA.A5 COUNTY ) Notary Public in and for said State (Stamp or Seal) DANIEL GARNEAU °� Notarial Seal - IOWA pow• Commission No. 801748 My Commission Expires February 13, 20LO This instrument was acknowledged before me on mA124m 6 , 2018 by C9A� C' fiG1cG 5t`2oM as CFO of KG Store 502, L.L.C. •q Notary Pubfk in and for said State (Stamp or Seal) Iowa City Hospice, Inc. Acknowledgment: STATE OF IOWA ) ) ss: JOHNSON COUNTY ) This instrument was acknowledged before me on as Hospice, Inc. Kum and Go, L.C. Acknowledgement: STATE OF IOWA ) ) ss: DAL' -%-S COUNTY) Notary Public in and for said State (Stamp or Seal) 20_ by of Iowa City This instrument was acknowledged before me on tWcg 6 , 2018 by C IZAo C,, tbAEyZ5Tva.o M as C90 of Kum & Go, L.C. ------------- Notary Pu Ncin and for said State os DANIEL GARNEAU (amp or Seal) St Notarial Seal - IOWA Commission No. 801748 My Commission Expires February 13, 2024 ppdadMagVrez17-00019 conditonal zoning agreement kum and go.doc 4 Jim Throgmorton, Mayor Attest: Kellie Fruehling, City Approved by: City Attorney's Office City of Iowa City Acknowledgement: STATE OF IOWA ) ) ss: JOHNSON COUNTY ) o' B KG Store 502, L.L.C. Z1 Iowa City Hospice, Inc. 0 Kum & Go, L.C. M This instrument was acknowledged before me on , 20_ by Jim Throgmorton and Kellie Fruehling as Mayor and City Clerk, respectively, of the City of Iowa City.. Notary Public in and for the State of Iowa (Stamp or Seal) Builders of Hope Global Village, L.L.C. Acknowledgment: STATE OF IOWA ) ) ss: COUNTY) Tly int m nt was acknowledged before me on kRXCAj Ste' , 20Ig by JDS UA as �,,�tr of Builders of Hope W Phei' /Global Village, L.L.C. V-kTHER,,,0I3ER`HA1JS /j_��n!1 ,/mmission umber 77 Q599l%u9"L�l.�m ,,s, si n Exp ppdadoVagVrez17-00019 conddlonal zoning agreement kum and go.doc 3 l q Jim Throgmorton, Mayor Attest: Kellie Fruehling, City Clerk Approved by: City Attorney's Office City of Iowa City Acknowledgement: STATE OF IOWA ) ) ss: JOHNSON COUNTY ) in KG Store 502, L.L.C. 0 Iowa City Hospice, Inc. fZwc� 1✓ tit By: Kum & Go, L.C. 0 This instrument was acknowledged before me on , 20_ by Jim Throgmorton and Kellie Fruehling as Mayor and City Clerk, respectively, of the City of Iowa City. Notary Public in and for the State of Iowa (Stamp or Seal) Builders of I(opeGA -Iny lb 'iilVillage3'L.L:.C. Acknowledgment: STATE OF IQW/�.4.'tsl: s� ... A\ac. _ ss: COUNTY) This instrument was acknowledged before me on as Global Village, L.L.C. ppdadmtagVrez174)0019 wndMona1 zoning agreement kum and go.doo 3 20_ by of Builders of Hope 4 Notary Public in and for said State (Stamp or Sea]) KG Store 502, L.L.C. Acknowledgement: STATE OF IOWA ) ) ss: COUNTY ) This instrument was acknowledged before me on , 20 by as of KG Store 502, L.L.C. Notary Public in and for said State (Stamp or Seal) Iowa City Hospice, Inc. Acknowledgment: STATE OF IOWA ) ss: JOHNSON COUNTY ) This instrument was acknowledged before me on20ff by ra_I°0/Mq,' as WTe 1LI(I)C of Iowa City Hospice, Inc. gmbAo Notary Public in and for said State (Stamp or Seal) Kum and Go, L.C. Acknowledgement: o 1.44 a ESM RA = It Commission Number 79539S STATE OF IOWA ) r t MyCommisslonEspiros March 3l.2pla ss: COUNTY) This instrument was acknowledged before me on 20_ by as of Kum & Go, L.C. Notary Public in and for said State (Stamp or Seal) ppdadmlaggrez17-00018 conditional zoning agmemenikum and go.doc 4 i►tt►it►►►►tit►i►tt►it►�►tt►►►tit►►t►t►i►t►►tti►►►t►t►►►tt►►►tt►►t►►tt►►►t►►tt► Doc ID: 026995390021 Type: GEN Kind: SUBDIVISION Recorded: 1 04/03/2018 at 09:57:13 AM Fee Amt: $107.00 Page 1 of 21 ^ Johnson County Iowa Klm Painter County Recorder �1��,�.® it"III 7r BK5770 PG644-664 ..;"�`®'�� CITY OF IOWA CITY 410 East Washington Street Iowa City. Iowa 52240-1826 (319) 356-5000 STATE OF IOWA ) (319) 356-5009 FAX www.lcgov.org ) SS JOHNSON COUNTY ) I, Kellie K. Freehling, City Clerk of Iowa City, Iowa, do hereby certify that the Resolution attached hereto is a true and correct copy of Resolution No. 18-47, which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 20th day of February, 2018, all as the same appears of record in my office. Also attached are the final legal documents for Focus First Addition, Iowa City, Iowa. (� Dated at Iowa City, Iowa, this 'Lnd day of 1-/ 2018. 1� - Kellie K. Fruehling City Clerk ` V fires subdivision ,'A Prepared by: Sylvia Bochner, Planning Intern, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5240 (SUB17-00019) Resolution No. 18-47 Resolution Approving Final Plat Of Focus First Addition, Iowa City, Iowa. Whereas, the owner, North Dodge Medical Holdings, filed with the City Clerk the final plat of Focus First Addition, Iowa City, Iowa, Johnson County, Iowa; and Whereas, said subdivision is located on the following -described real estate in Iowa City, Johnson County, Iowa, to wit: Beginning at the Northeast Corner of Lot 3 of Jacob Ricord's Subdivision to Iowa City, Iowa, in accordance with the Plat thereof Recorded in Deed Book 15 at Page 146 of the Records of the Johnson County Recorder's Office; Thence S01'34'53" E, along the East Line of said Lot 3, a distance of 143.10 feet; Thence S00051'04° E, along said East Line, 150.22 feet; Thence S01°49'13" E, along said East Line, 37.00 feet, to the Southeast Corner thereof; Thence S87°58'17" W, along the South Line of said Lot 3, a distance of 238.88 feet, to the Southeast Corner of Auditor's Parcel 2014088, in accordance with the Plat thereof Recorded in Plat Book 59 at Page 241 of the Records of the Johnson County Recorder's Office; Thence N01°16'24" W, along the East Line of said Auditor's Parcel 2014088, a distance of 330.67 feet, to the Northwest Corner thereof; Thence S88003'32" W, \along the North Line of said Auditor's Parcel 2014088, distance of 40.91 feet, to its intersection with the Southerly Right -of -Way Line of Iowa Highway No. 1; Thence N55"00'44" E, 335.13 feet, to its intersection with the East Line of Lot 2 of said Jacob Ricord's Subdivision; Thence S01°34'53" E, along the East Line of said Lot 2, a distance of 182.75 feet, to the Point of Beginning. Said tract of Land contains 2.40 Acres, and is 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 (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 Outlot A and easements as provided by law. 3. The Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed, upon approval by the City Attorney, to execute all legal documents relating to said subdivision, and to certify a copy of this resolution, which shall be affixed to the final plat after passage and approval by law. The City Clerk shall record the legal documents and the plat at the office of the County Recorder of Johnson County, Iowa at the expense of the owner/subdivider. 4� M A Resolution No. 18-47 Page 2 Passed and approved this 20th day of February 2018. Ma r Attest: e Z� City Clerk Approved by J -K , /'LM - �'-� City Attorney's Office a/,,S l Ig It was moved by sotchway and seconded by adopted, and upon roll call there were: Ayes: Ve Nays: Salih the Resolution be Absent: Botchway Cole Mims Salih Taylor Thomas Throgmorton pcdltemplates/SUB17-00019 Resolulion.dw.dw 10 Prepared by: Joseph C Judge Lane & Waterman LLP 220 N Main St #600 DavenportIA 52801 (563) 324-3246 SUBDIVIDER'S AGREEMENT FOCUS FIRST ADDITION THIS SUBDIVIDER'S AGREEMENT (this "Agreement") made by and between NORTH DODGE MEDICAL HOLDINGS, LLC, an Iowa limited liability company, hereinafter referred to as "Subdivider", and the CITY OF IOWA CITY, IOWA, a municipal corporation, hereinafter referred to as the "City". WITNESSETH IT IS, THEREFORE, HEREBY AGREED AS FOLLOWS: Section 1. Sidewalks. The Subdivider agrees to install sidewalks adjacent to North Dodge Court. Said sidewalks shall be at least five feet in width and shall be constructed according to plans and specifications approved by the City Engineer and as per Sections 15-3-3; 16-1 C-1, 2, 3; 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 subparagraph 6(B), Iowa City Code of Ordinances. Section 2. Occupancy Permit. Prior to the issuance of an occupancy permit for any structure erected on any lot in said subdivision, the City in its discretion may require the Subdivider, its assigns or successors in interest, to install the sidewalks as stated in Section 1. Section 3. Waiver. If the Subdivider or its assigns or successors in interest, sells or conveys lots in the Subdivision without first constructing or installing the required sidewalks, the City shall have the ,A right to install and construct said sidewalks. Subdivider acknowledges and agrees that all lots in the subdivision are specifically benefited by the sidewalks, so the cost of installing and constructing sidewalks shall be a lien and charge against all the lots in the subdivision under Chapter 384 of the 2017 Code of Iowa, as amended. Further, the cost of such sidewalks need not meet the requirements of notice, benefit or value as provided by the law of the State of Iowa for assessing such sidewalks. It is further agreed that this requirement to install the sidewalks is and shall remain a lien from date of execution and recording of this Agreement until properly released, as hereinafter provided. Section 4. Release. The City agrees that when the sidewalks have been installed as required to the satisfaction of the City, the City will, upon request, promptly issue to the Subdivider, for recording in the Office of the Johnson County Recorder, a good and sufficient release for the lots in the subdivision so that this Agreement will not constitute a cloud upon the title of the lots in the subdivision. The Iowa City Mayor and City Clerk are hereby authorized to execute said release, and all other necessary and appropriate releases, with the concurrence of the City Attorney and City Engineer. Section 5. Neighborhood Open Space. The City's Neighborhood Open Space Ordinance requires the dedication of 3,930 square feet of property, or the payment of a fee in lieu thereof, in connection with the land contained within the approved preliminary plat of the subdivision. It is agreed that said requirement shall be met by the payment of a fee of $7,584.90. This obligation shall bind the successors and assigns hereto, and shall apply and run with the land. This amount shall be paid prior to the issuance of the first building permit for any lot in the subdivision. Section 6. Miscellaneous. (a) Lot 1 in the subdivision contains a "Limits of Construction" area. Beyond this area the lot contains woodlands and regulated slopes and shall not be built upon, paved, regraded, disturbed, or cleared of trees, except as allowed by Iowa City Code of Ordinances Article 14-5I Sensitive Lands and Features. Any construction on the lot in the subdivision shall not encroach upon construction limits shown on the subdivision plat. (b) All electrical, telephone and cable television service and distribution lines shall be installed underground. (c) Prior to issuance of any building permit for any lot in the subdivision, Subdivider shall pay to the City a water main extension fee in the amount of $1,044.00 ($435 per acre for 2.4 acres). (d) Plat notes and surveyor's notes on plats serve to provide notice of how a subdivision is expected to develop. Said notes are not intended to create any vested private interest in any stated use restriction or covenant, or create any third party beneficiaries to any noted use restriction or covenant. The City reserves the right, in its sole discretion, subject to any applicable public notice and approval process required by law, to alter or amend any plat note, or to sell or vacate any right-of-way, street, alley, park, easement, open area or other land set apart and dedicated for public use within the plat. The City further reserves the right, upon request of the owner or successor in interest, to vacate the plat and/or relocate any easement, alter lot boundaries or allow said land to be replatted subject to any applicable public notice and approval process required by law. Section 7. Binding Effect. This Agreement shall inure to the benefit and bind the successors and assigns of the respective parties hereto and shall be construed as a covenant running with the title to the lots within the subdivision. [SIGNATURE PAGE FOLLOWS] IN IN WITNESS WHEREOF, the parties have executed this Subdivider's Agreement on the day of March, 2018. NORTH DODGE MEDICAL HOLDINGS, LLC By: Kevin P. Koellner, Manager STATE OF IOWA ) ss: COUNTY OF SCOTT ) This instrument was acknowledged before me on this 16°i day of March, 2018 by Kevin P. Koellner as Manager of North Dodge Medical Holdings, LLC, an Iowa limited liability company. AM!qtures Notary Pu i n continue on following rd CITY OF IOWA CITY, IOWA By: � z. - JA Throgmorton, Mayor ATTEST: By: Kellie Fruehlin , City Clerk STATE OF IOWA ) ) ss: COUNTY OF JOHNSON ) Fe bru.tzrc� On this 20"' day of Marek, 2018, before me, the undersigned, a Notary Public in and for said County and State, personally appeared Jim Throgmorton and Kellie Fruehling, to me personally known, who being by me duly swom, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa, a municipal corporation; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and the instrument was signed and sealed on behalf of the corporation by authority of its City Council, and the said Mayor and City Clerk did acknowledge the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it vol nlarily executed. Notary Public in and-f6f and-fsaid County and State CHRISTINE OLNEY r. Commission Number 806232 Commission Expires 1A Prepared by: Joseph C. Judge. Lane & Waterman LLP, 220 N. Main St., #600, Davenport, IA 52801 (563)324-3246 OWNER'S CERTIFICATE AND DEDICATION FOCUS FIRST ADDITION KNOW ALL MEN BY THESE PRESENTS: North Dodge Medical Holdings, LLC, an Iowa limited liability company ("Subdivider"), does hereby certify and state that it is the owner and proprietor of the following described real estate situated in Johnson County, Iowa, to -wit, which real estate is to be platted as Focus First Addition, Iowa City, Iowa: Beginning at the Northeast Corner of Lot 3 of Jacob Ricord's Subdivision to Iowa City, Iowa, in accordance with the Plat thereof Recorded in Deed Book 15 at Page 146 of the Records of the Johnson County Recorder's Office; Thence 501'34'53"E, along the East Line of said Lot 3, a distance of 143.10 feet; Thence 500°51'04"E, along said East Line, 150.22 feet; Thence S01*49'13"E, along said East Line, 37.00 feet, to the Southeast Corner thereof; Thence S87°58'17"W, along the South Line of said Lot 3, a distance of 238.88 feet, to the Southeast Corner of Auditor's Parcel 2014088, in accordance with the Plat thereof Recorded in Plat Book 59 at Page 241 of the Records of the Johnson County Recorder's Office; Thence N01"16'24"W, along the East Line of said Auditor's Parcel 2014088, a distance of 330.67 feet, to the Northwest Corner thereof, Thence S88°03'32"W, along the North Line of said Auditor's Parcel 2014088, distance of 40.91 feet, to its intersection with the Southerly Right -of -Way Line of Iowa Highway No. 1; Thence N55°00'44"E, 335.13 feet, to its intersection with the East Line of Lot 2 of said Jacob Ricord's Subdivision; Thence 501°34'53"E, along the East Line of said Lot 2, a distance of 182.75 feet, to the Point of Beginning. Said tract of Land contains 2.40 Acres, and is subject to easements and restrictions of record. Subdivider does further state that the subdivision of said real estate as it appears on the Final Plat of Focus First Addition to which this certification and dedication is attached, is with its free consent and in accordance with the desire of said proprietor. 16�\ Lot A, together with streets and easements in the subdivision hereinafter known and designated as Focus First Addition, are hereby dedicated to the public, as provided by Chapter 354 of the 2017 Code of Iowa, as amended. [signature page follows] 2 \a IN WITNESS WHEREOF the proprietor has caused this Owner's Certificate and Dedication to be signed on this day of /Ula JCS 2018. NORTH DODGE MEDICAL HOLDINGS, LLC By: Kevin P. Koellner, Manager STATE OF IOWA ) ss: COUNTY OF SCOTT ) This instrument was acknowledged before me on this 161i day of March, 2018 by Kevin P. Koellner as Manager of North Dodge Medical Holdings, LLC, an Iowa limited liability company. �JOSEPH C. JUDGE , Number 708125 MYCm n isslon Expires February t, 2019 )R CERTIFICATE OF COUNTY TREASURER FOCUS FIRST ADDITION IOWA CITY, IOWA I, the undersigned, Treasurer of Johnson County, Iowa or deputy thereof, hereby certify that the following described property, also known as Focus First Addition, is free from taxes or special assessments in the office of the Treasurer of Johnson County, Iowa: Beginning at the Northeast Corner of Lot 3 of Jacob Ricord's Subdivision to Iowa City, Iowa, in accordance with the Plat thereof Recorded in Deed Book 15 at Page 146 of the Records of the Johnson County Recorder's Office; Thence S01*34'53"E, along the East Line of said Lot 3, a distance of 143.10 feet; Thence S00°51'04"E, along said East Line, 150.22 feet; Thence S01*49'13"E, along said East Line, 37.00 feet, to the Southeast Corner thereof, Thence S87°58'17"W, along the South Line of said Lot 3, a distance of 238.88 feet, to the Southeast Corner of Auditor's Parcel 2014088, in accordance with the Plat thereof Recorded in Plat Book 59 at Page 241 of the Records of the Johnson County Recorder's Office; Thence N01'16'24"W, along the East Line of said Auditor's Parcel 2014088, a distance of 330.67 feet, to the Northwest Corner thereof; Thence 588'03'32"W, along the North Line of said Auditor's Parcel 2014088, distance of 40.91 feet, to its intersection with the Southerly Right -of -Way Line of Iowa Highway No. 1; Thence N55°00'44"E, 335.13 feet, to its intersection with the East Line of Lot 2 of said Jacob Ricord's Subdivision; Thence S01°34'53"E, along the East Line of said Lot 2, a distance of 182.75 feet, to the Point of Beginning. Said tract of Land contains 2.40 Acres, and is subject to easements and restrictions of record. Dated at Iowa City, Iowa this � 1� ' day of March, 2018. b 1, TA6A K. Kriz, Treasurer of Johnson County, Iowa Parcel Numbers: 1002301002 1002302002 �R CERTIFICATE OF COUNTY AUDITOR FOCUS FIRST ADDITION IOWA CITY, IOWA I, Travis Weipert, the Johnson County Auditor, hereby approve of "Focus First Addition" as a succinct and unique name for the subdivision containing the following described real estate located in Johnson County, Iowa: Beginning at the Northeast Corner of Lot 3 of Jacob Ricord's Subdivision to Iowa City, Iowa, in accordance with the Plat thereof Recorded in Deed Book 15 at Page 146 of the Records of the Johnson County Recorder's Office; Thence S01*34'53"E, along the East Line of said Lot 3, a distance of 143.10 feet; Thence S00°51'04"E, along said East Line, 150.22 feet; Thence S01°49'13"E, along said East Line, 37.00 feet, to the Southeast Corner thereof; Thence S87°58'17"W, along the South Line of said Lot 3, a distance of 238.88 feet, to the Southeast Corner of Auditor's Parcel 2014088, in accordance with the Plat thereof Recorded in Plat Book 59 at Page 241 of the Records of the Johnson County Recorder's Office; Thence N01016'24"W, along the East Line of said Auditor's Parcel 2014088, a distance of 330.67 feet, to the Northwest Corner thereof, Thence 588"03'32"W, along the North Line of said Auditor's Parcel 2014088, distance of 40.91 feet, to its intersection with the Southerly Right -of -Way Line of Iowa Highway No. 1; Thence N55"00'44"E, 335.13 feet, to its intersection with the East Line of Lot 2 of said Jacob Ricord's Subdivision; Thence S01034'53"E, along the East Line of said Lot 2, a distance of 182.75 feet, to the Point of Beginning. Said tract of Land contains 2.40 Acres, and is subject to easements and restrictions of record. Date: March J6 , 2018 Travis Weipert ° Johnson County Auditor 1q Prepared by: Joseph C. Judge, Lane & Waterman LLP, 220 N. Main St., #600, Davenport, IA 5280I (563)324-3246 OPINION OF ATTORNEY FOCUS FIRST ADDITION I, Joseph C. Judge, a regular practicing attorney in the State of Iowa, do hereby certify that I have examined an Abstract of Title to the following described real estate: Beginning at the Northeast Corner of Lot 3 of Jacob Ricord's Subdivision to Iowa City, Iowa, in accordance with the Plat thereof Recorded in Deed Book 15 at Page 146 of the Records of the Johnson County Recorder's Office; Thence SOI °34'53"E, along the East Line of said Lot 3, a distance of 143.10 feet; Thence S00°51'04"E, along said East Line, 150.22 feet; Thence SOI°49'13"E, along said East Line, 37.00 feet, to the Southeast Comer thereof, Thence S87°58'17"W, along the South Line of said Lot 3, a distance of 238.88 feet, to the Southeast Comer of Auditor's Parcel 2014088, in accordance with the Plat thereof Recorded in Plat Book 59 at Page 241 of the Records of the Johnson County Recorder's Office; Thence NO 1 ° 16'24"W, along the East Line of said Auditor's Parcel 2014088, a distance of 330.67 feet, to the Northwest Corner thereof; Thence S88°03'32"W, along the North Line of said Auditor's Parcel 2014088, distance of 40.91 feet, to its intersection with the Southerly Right -of -Way Line of Iowa Highway No. 1; Thence N55°00'44"E, 335.13 feet, to its intersection with the East Line of Lot 2 of said Jacob Ricord's Subdivision; Thence SO1 °34'53 "E, along the East Line of said Lot 2, a distance of 182.75 feet, to the Point of Beginning. Said tract of Land contains 2.40 Acres, and is subject to easements and restrictions of record. It is hereby certified that fee simple title to said property to become known as Focus First Addition is in North Dodge Medical Holdings, LLC, an Iowa limited liability company, free and clear of all liens and encumbrances except for property taxes not yet due and payable. \R Dated at Davenport, Iowa, this 21" day of March, 2018. STATE OF IOWA ss: COUNTY OF SCOTT On this 21" day of March, 2018, before me, the undersigned, a Notary Public in and for said State, personally appeared Joseph C. Judge, to me known to be the identical person named in and who executed the foregoing instrument, and acknowledged that he executed the same as his voluntary act and deed. �e ANGI CHAPMAN i . Commission Number 749728 28K My commission Expires °W' • November 2, 2019 (Notarial Seal) — ct I, e, I 0�� Notary Publ in and for said County and State lq INGRESS/EGRESS EASEMENT THIS INGRESS/EGRESS EASEMENT is made this 1 V^ day of March, 2018, by North Dodge Medical Holdings, LLC, an Iowa limited liability company ("Grantor"). WHEREAS, Grantor owns certain real estate legally described in Exhibit "A" attached hereto and included herein by this reference ("Grantor Parcel"); WHEREAS, Grantor desires to grant to adjoining property legally described in Exhibit "B" attached hereto and included herein by this reference ("Grantee Parcel"), an ingress/egress easement over a portion of the Grantor Parcel; and NOW, THEREFORE, the Grantor hereby grants to and for the benefit of the Grantee Parcel, a non-exclusive, perpetual easement (the "Easement") for vehicular and pedestrian ingress and egress to and from the Grantee Parcel, over, along and across the property shown as the "Access Easement" in the southeast corner of the Grantor Parcel (the "Easement Area"). The Grantor agrees to maintain the Easement Area to allow for reasonable pedestrian and vehicular access to and from the Grantee Parcel, provided the Grantor shall not be responsible for any repair or maintenance resulting from the negligence or willful misconduct of Grantee, or Grantee's or invitees. The Grantor may use the Easement Area for any lawful purpose, provided that such use does not unreasonably interfere with the Grantee's use and enjoyment of the Easement as provided herein. The Easement and covenants set forth in herein shall run with and burden and benefit the Grantor Parcel and Grantee Parcel, and shall inure to the burden and benefit of the successors, heirs and assigns of the owners of the Grantor Parcel and Grantee Parcel. [SIGNATURE PAGES TO FOLLOW] IN WITNESS WHEREOF, Grantor has executed this Easement Agreement as of the date first set forth above. NORTH DODGE MEDICAL HOLDINGS, LLC By: Kevin P. Koellner, Manager STATE OF IOWA ) ss: COUNTY OF SCOTT ) This instrument was acknowledged before me on this 161i day of March, 2018 by Kevin P. Koellner as Manager of North Dodge Medical Holdings, LLC, an Iowalir i d liability company. z SPH O Nuu mberbLr 70 7081?S • Upary 1 n 5 E)# Notary Pub}XcAn and for EXHIBIT "A" LEGAL DESCRIPTION OF GRANTOR PARCEL Lot 1 of the Final Plat of Focus First Addition, Iowa City, Iowa, according to the plat thereof recorded in Book _, Page _, Plat Records of Johnson County, Iowa. 1A EXHIBIT "B" LEGAL DESCRIPTION OF GRANTEE PARCEL Commencing at a point 17 feet north of the intersection of the west line of Lot four (4) in Ricord's subdivision of the northeast quarter of the southwest quarter of Section 2, Township 79 North, Range 6 West of the 5a' P.M., according to the plat thereof recorded in Book 15, page 146, Deed Records of Johnson County, Iowa, with the north line of North Dodge Court in Iowa City, Iowa, as established by Dedication and Resolution recorded in Book 195, page 501 in the office of the Recorder of Johnson County, Iowa, thence east 90 feet, thence north 150 feet, thence west 90 feet, thence south 150 feet to the place of beginning, subject to covenants, conditions, restrictions and easements of record, together with an easement for driveway and utility purposes as set forth in an easement agreement recorded in Book 230, page 312 in the office of the Johnson County Recorder. M Pared by: Joseph C Judge Lane & Waterman LLP 220 N Main St #600 DavenportIA 52801 (563)324-3246 UNDERGROUND UTILITY EASEMENT FOCUS FIRST ADDITION In consideration of the approval of the Final Plat of Focus First Addition, Iowa City, Johnson County, Iowa (the "Subdivision"), the undersigned owner ("Grantor") hereby grants to the City of Iowa City, Iowa, MidAmerican Energy Co., Centurylink, Inc. and Mediacom, and their successors (hereinafter collectively "Grantees"), a perpetual easement upon, over, under, along and across the areas designated on the Final Plat of Focus First Addition, Iowa City, Johnson County, Iowa, as "15.0' Utility Easement" as located within the Subdivision. The Grantees of this easement shall have the right to install, lay, construct, reconstruct, renew, operate, maintain and remove conduits, cables, pipes, electric lines below the surface of the ground, and other equipment or appurtenances above the surface of the ground as may be necessary for the purpose of serving the Subdivision and other property with electricity, gas, and communication service; the right to trim, cut down and remove such trees, brush, saplings and bushes as may interfere with the proper construction, maintenance, operation or removal of said facilities, equipment and appurtenances; and the right of ingress and egress for all of the purposes aforesaid. Grantees shall promptly backfill any trench made by them, and repair any damages caused by them within the easement areas. Grantor, its successors in interest and assigns, reserves the right to use said easement areas for purposes which will not interfere with the Grantees' full enjoyment of rights hereby granted; provided that Grantor shall not erect or construct any reservoir, retaining wall or other obstruction on said areas, or diminish or substantially add to the ground cover over said easement areas. No permanent dwellings or trees shall be placed on the areas so designated for utility easement but, with advance written authorization from the Grantees' representatives, the same may be used for gardens, shrubs, minor landscaping and other purposes that do not then or later interfere with the aforesaid uses or the rights herein granted. Grantees' rights, however, include the right to remove and/or clear away any such gardens, shrubs, minor landscaping, bushes and plantings within the easement area without compensation to Grantor or its success in interest. M Dated this 21' day of March, 2018. NORTH DODGE MEDICAL HOLDINGS, LLC By: Kevin P. Koellner, Manager STATE OF IOWA ) ss: COUNTY OF SCOTT ) This instrument was acknowledged before me on this 21" day of March, 2018 by Kevin P. Koellner as Manager of North Dodge Medical Holdings, LLC, an Iowa limited liability company. Qgw( HEIDI A. DOYLE COMMISSION NUMBER 806164 MY COMMISSION EXPIRES �owP 6i -2-6i- Oa0 J�4 d� a&", . Notary Public in and for s" State 2 1� C - Ln re& Doc ID: 027006900007 Type: GEN Kind: ORDINANCE Recorded: 04/18/2018 at 10:33:20 AM Fee Amt: $52.00 Pape 1 of 7 Johnson County Iowa Kim Painter County Recorder 8K5775 PG564-570 STATE OF IOWA ) ) SS JOHNSON COUNTY ) a r M,■ �ear� IO CRY 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. 18-4743 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 2nd day of April 2018, is a true and correct copy, all as the same appears of record in my office. Dated at Iowa City, Iowa, this I -I+I - day of April 2018. i Kelli . Fruehling City Clerk C r \ard U COR�ORATES�AL 410 EAST WASHINGTON STREET • IOWA CITY, IOWA 52240-1826 • (319) 356-5000 • FAX (319) 356-5009 I— Prepared by: Sylvia Bochner, Planning Intern, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5240 (REZ18-00001) Ordinance No. 18-4743 Ordinance approving an OPD -5 and OPD -8 Sensitive Areas Development Plan for Outlot H, Lindeman Subdivision, Part 2A, located South of Lower West Branch Road and North of Anna Street. (REZ18-0006) Whereas, the applicant, Allen Homes Inc., has requested a rezoning of property located south of Lower West Branch Road SE and north of Anna Street to approve a preliminary and Sensitive Areas Development Plan (OPD Plan); and Whereas, a preliminary plat and Sensitive Areas Plan for the Lindemann Subdivisions was approved in 2002; and Whereas, this property is currently zoned OPD -5 and OPD -8, though no specific OPD Sensitive Areas Development Plan has been approved for this portion of the Lindemann Subdivision; and Whereas, the Comprehensive Plan indicates that this area is appropriate for single-family residential uses along with townhouses near Lower West Branch Road; and Whereas, the OPD Plan, which includes single-family and townhouse uses and provides for the protection of wetlands located within Outlot A, is consistent with the comprehensive plan for this area; and Whereas, the Planning and Zoning Commission has reviewed the proposed rezoning and has recommended approval of the OPD Plan, attached hereto and by reference made part of this document. Now, therefore, be it ordained by the City Council of the City of Iowa City, Iowa: Section I Approval. Property described below is hereby zoned as indicated, subject to compliance with the attached Sensitive Areas Development Plan (OPD Plan), hereby approved: OPD -8 PARCEL: A PORTION OF OUTLOT "H" OF LINDEMANN SUBDIVISION - PART TWO A IN THE CITY OF IOWA CITY, JOHNSON COUNTY, IOWA, DESCRIBED AS FOLLOWS: Beginning at the Northeast Corner of Outlot "H" of Lindemann Subdivision - Part Two A, in accordance with the Plat thereof Recorded in Plat Book 47 at Page 76 of the Records of the Johnson County Recorder's Office; Thence S00°51'33"E, along the East Line of said Outlot "H", 611.08 feet, to the Southeast Corner thereof; Thence N88°27'42"W, along the South Line of said Outlot "H", 1415.69 feet; Thence N01032'18"E, 106.68 feet; Thence N39°35'35"W, 60.91 feet; Thence N88027'42"W, 92.47 feet; Thence Northeasterly 11.78 feet along a 20.00 foot radius curve, concave Southeasterly, whose 11.61 foot chord bears N40026'10"E; Thence Northwesterly 135.72 feet along a 60.00 foot radius curve, concave Southwesterly, whose 108.58 foot chord bears N07°29'36"W; Thence N17°42'12"E, 49.46 feet; Thence N29001'05"W, 88.77 feet; Thence N88°27'58"W, 69.00 feet, to a Point on the West Line of said Outlot "H"; Thence N01°45'58"W, along said West Line, 218.00 feet, to the Northwest Corner thereof; Thence S88°27'58"E, along the North Line of said Outlot "H", 436.00 feet; Thence S01°32'02"W, along said North Line, 321.40 feet; Thence S88°27'58"E, along said North Line, 496.30 feet; Thence N01°32'02"E, along said North Line, 321.40 feet; Thence S88027'58"E, FAr Ordinance No. 18-4743 Page 2 along said North Line, 713.05 feet, to the Point of Beginning. Said Rezoning Parcel #1 contains 17.97 acres, and is subject to easements and restrictions of record. OPD -5 PARCEL: A PORTION OF OUTLOT "H" OF LINDEMANN SUBDIVISION - PART TWO A IN THE CITY OF IOWA CITY, JOHNSON COUNTY, IOWA, DESCRIBED AS FOLLOWS: Beginning at the Southwest Comer of Outlot "H" of Lindemann Subdivision - Part Two A, in accordance with the Plat thereof Recorded in Plat Book 47 at Page 76 of the Records of the Johnson County Recorder's Office; Thence N01°37'31"W, along the West Line of said Outlot "H", 67.38 feet; Thence NO °35'37"W, along said West Line, 325.98 feet; Thence S88°27'58"E, along said West Line and the Easterly Projection thereof 169.65 feet; Thence S29001'05"E, 88.77 feet; Thence S17°42'12"W, 49.46 feet; Thence Southeasterly 135.72 feet along a 60.00 foot radius curve, concave Southwesterly, whose 108.58 foot chord bears S07°29'36"E; Thence Southwesterly 11.78 feet along a 20.00 foot radius curve, concave Southeasterly, whose 11.61 foot chord bears S40°26'10"W; Thence S88°27'42"E, 92.47 feet; Thence S39035'35"W, 60.91 feet; Thence S01 °32'18"W, 106.68 feet, to a Point on the South Line of said Outlot "H"; Thence N88°27'42"W, along said South Line, 321.78 feet, to the Point of Beginning. Said Rezoning Parcel #2 contains 2.27 acres, and is subject to easements and restrictions of record. Section ll. Zoning Mao. 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 2nd dayof�April 20 1g Maybr Approved by: City Clerk City Attorney's Office (0RPORA1EtFk Ordinance No. 18-4743 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: x First Consideration 03/20/2018 Botchway Cole Mims Salih Taylor Thomas Throgmorton Vote for passage: AYES: Thomas, Throgmorton, Botchway, Cole, Mims, Salih, Taylor. NAYS: None. ABSENT: None. Second Consideration _ Vote for passage: that the Date published 04/12/2018 Moved by Mims, seconded by Taylor, that the rue 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, Mims, Salih, Taylor, Thomas, Throgmorton. NAYS: None. ABSENT: Botchway. 0 orts M S FRSA PLM AOSSOMASA DEVR~PM I w Vii'•.-� w++r Jnr - err res LANDSCAPE AND SENSITIVE AREAS DEVELOPMENT PLAN_ LINDEMANN SUBDIVISION PART EIGHT =1 IOWA CITY, IOWA ••• nwa ur-wiggb wa nee�art n¢s am..o.. m. am. o:. m..a is WDWAPEAN1 DEAUFMWPLM LZ U,NE N auannnsioro �u N�1RTgB'[ilff %M M Doc ID: 027006930030 Type: GEN Kind: SUBDIVISION Recorded: 04/18/2018 at 10:46:07 AM Fee Amt: $152.00 Page 1 of 30 Johnson County Iowa Kim Painter County Recorder BK5775 PG573-602 1 `f STATE OF IOWA ) ) SS JOHNSON COUNTY ) I r i ,�5 r"IIWAth ®MRS CITY OF IOWA CITY 410 East Washington Street Iowa City. Iowa 52240-1826 (319) 356-5000 (319)356-5009 FAX W W W.Icgov.org 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.18-87, which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 2nd day of April, 2018, all as the same appears of record in my office. Also attached are the final legal documents for Cardinal Pointe West Part 2, Iowa City, Iowa. Dated at Iowa City, Iowa, this &Flay of 2018. i Kelh K. Fruehling City Clerk fires su division 2` l+A Cg) Prepared by: Sylvia Bochner, Planning Intern, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5240 (SUB17-00020) Resolution No. 18-87 Resolution Approving Final Plat Of Cardinal Pointe West Part 2, Iowa City, Iowa. Whereas, the owner, The Crossings Development, LC, filed with the City Clerk the final plat of Cardinal Pointe West Part 2, Iowa City, Iowa, Johnson County, Iowa; and Whereas, said subdivision is located on the following -described real estate in Iowa City, Johnson County, Iowa, to wit: 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 2011056 AS RECORDED IN BOOK 56, PAGE 41 IN THE OFFICE OF THE JOHNSON COUNTY, IOWA RECORDER 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 N21048'05"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 N86°42'03"E 215.79 FEET ALONG SAID SOUTHERLY LINE; THENCE SOUTHERLY 16.52 FEET ALONG SAID SOUTHERLY LINE AND 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 N0018'19"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 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 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 N86035'51"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 SO°53'41"W 420.64 FEET ALONG SAID WESTERLY RIGHT OF WAY; THENCE SOUTHEASTERLY 422.39 FEET ALONG SAID WESTERLY RIGHT OF WAY AND THE ARC OF A 760.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY 20 Resolution No. 18-87 Page 2 (CHORD BEARS S15°01'37"E 416.97 FEET); THENCE S30056'56"E 364.51 FEET ALONG SAID WESTERLY RIGHT OF WAY TO THE NORTHEAST CORNER OF AUDITOR'S PARCEL 2017015 AS RECORDED IN BOOK 61, PAGE 23 IN THE OFFICE OF THE JOHNSON COUNTY, IOWA RECORDER; THENCE S59003'04"W 32.46 FEET ALONG THE NORTHERLY LINE OF SAID AUDITOR'S PARCEL 2017015; THENCE SOUTHWESTERLY 236.38 FEET ALONG SAID NORTHERLY LINE AND THE ARC OF A 530.00 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY (CHORD BEARS S71049'42"W 234.43 FEET); THENCE S59002'58"W 8.58 FEET ALONG SAID NORTHERLY LINE; THENCE S63°56'06"W 544.31 FEET ALONG SAID NORTHERLY LINE TO THE SOUTHERLY LINE OF SAID CARDINAL POINTE WEST - PART ONE; THENCE N69046'50"W 240.68 FEET ALONG SAID SOUTHERLY LINE; THENCE N26004'34"W 305.37 FEET ALONG SAID SOUTHERLY LINE; THENCE N44049'18"W 384.61 FEET ALONG SAID SOUTHERLY LINE; THENCE N16051'29"W 238.65 FEET ALONG SAID SOUTHERLY LINE; THENCE N52a48'14"W 489.10 FEET ALONG SAID SOUTHERLY LINE; THENCE NO°00'00"E 144.54 FEET ALONG SAID SOUTHERLY LINE; THENCE N83°36'43"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 45.09 ACRES, 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 (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 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. Whemplalea/SUB17-00020 msolu0mdw.00c \ Resolution No. 18-87 Page 3 Passed and approved this 2nd day of April , 20 18 May Approved by Attes Y" 2e e H?r- -City Clerk City Attorney's Office 3/ ,1 8 It was moved by Sal ih and seconded by Thomas the Resolution be adopted, and upon roll call there were: Ayes: Nays: Absent: x Botchway Cole Mims Salih Taylor Thomas Throgmorton pcMemplates/SUB17-00020 molubon.dwAm 1 SUBDIVIDER'S AGREEMENT CARDINAL POINTE WEST - PART TWO IOWA CITY, IOWA THIS AGREEMENT made by and between The Crossing Development LC, hereinafter called "Owner" or "Subdivider", and the City of Iowa City, Iowa, a municipal corporation hereinafter called the "City". IT IS HEREBY AGREED AS FOLLOWS: Section 1. Public improvements. In consideration of the City approving the Plat of Cardinal Pointe West - Part Two, Iowa City, Iowa, hereinafter "the Subdivision", the Subdivider agrees as a covenant running with the land as follows: Subject to Section 5, the City shall not issue a Building Permit for any of the lots in the Subdivision unless and until water mains, sanitary sewers, storm sewers, concrete street paving on Preston Lane, Dubs Drive, and Mason Drive, and concrete sidewalk at least 5 feet in width within the right-of-way of Dubs Drive adjacent to Outlot F., hereinafter "Improvements", have been installed in the Subdivision as required by the City's Subdivision Ordinance, and until accepted by the City (though the City shall not accept any ownership or maintenance obligations related to the sidewalk), and subdivision erosion control measures have been installed as required by the City under its ordinances. Nothing i requirement on issue herein. acting at the installation of this Agreement shall be construed to impose a the City to install the Nor shall the Owner and City's agent during the said improvements. original improvements at the Subdivider be deemed original construction and The parties agree that the obligation to install the improvements herein shall be in accordance with City specifications or approved plans, and the obligation to install said improvements shall remain with the Owner and the Subdivider until completion by the Subdivider, and until acceptance of the improvements by the City, as provided by law. Section 2. Storm Water Management. Storm water shall be managed through the use of the Storm Water Management Facility installed pursuant to the Subdivider's Agreement for Cardinal Pointe West, Part One, entered into by and between the City and The Crossing Development, L.C., on May 16, 2016, recorded in Book 5507, Pages 637-688, in the records of the Johnson County, Iowa Recorder's Office. Section 3. Construction of Improvements. All Improvements described in Section 1 of this Agreement shall be constructed and installed by the Owner and the Subdivider according to plans and specifications approved by the City Engineer of the City of Iowa City, who shall have the right to make occasional inspection of the work in progress. Such inspections shall not relieve or release the Subdivider from its responsibility to construct said Improvements 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 and the Subdivider agree to install sidewalks abutting each of the platted lots in said Subdivision adjacent to Preston Lane, Dubs Drive, and Mason Drive. Said sidewalks shall be 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. The Owner and the Subdivider, or their successor(s), shall install an 8 foot wide, 6 -inch thick Portland cement concrete sidewalk adjacent to Lots 33 through 41, inclusive, on the east side of Preston Lane, at least 5 feet in width abutting each of the remaining numbered lots in the Subdivision, and at least 5 feet in width over and across the pedestrian easement area shown on the final plat encumbering Lot 42. Said sidewalks shall be constructed according to plans and specifications approved by the City Engineer and as per Sections 16-1C-1, 2, 3 of the Iowa City Code of Ordinances. Except as provided herein, sidewalks shall be installed when each such lot is developed, prior to the issuance of an occupancy permit for the dwelling on the Lot. Section 5. Building Permits and Escrow Monies. In the event the Owner and the Subdivider, its assigns or successors in interest should desire a building permit on any lot in the Subdivision before the Improvements have been installed, the Owner and the Subdivider, its assigns or successors in interest, shall deposit with the City Finance Department, in escrow, an amount 2\ equal to 1100 of the estimated cost of said Improvements as determined by the City Engineer (hereinafter "Improvements Escrow"). In addition to the Improvements Escrow, if Subdivision Erosion Control measures have not been installed, with ground cover established by growth, the City may require, as a condition to the issuance of the first building permit for construction within the Subdivision, that the Owner and the Subdivider deposit in escrow with the City the sum of $2,000.00 (the "Erosion Clean -Up Escrow") to assure reimbursement for the cost of cleaning public streets, storm sewers, gutters or catch basins, which may be incurred by the City as a result of erosion from any lot in the Subdivision. The Owner and the Subdivider shall be responsible for the cost of any such clean-up and to the extent that the Subdivider fails to accomplish erosion clean-up after reasonable notice from the City, the City is hereby authorized, but not obligated, to do the work and to charge the cost thereof to the Erosion Clean -Up Escrow, if adequate, and to charge any excess costs to the Owner and the Subdivider. If the Erosion Clean -Up Escrow is insufficient to pay the costs incurred by the City, the Owner and the Subdivider shall promptly reimburse the City for the excess costs incurred. The unused balance of the Erosion Clean -Up escrow shall be returned to the Owner and the Subdivider after erosion control measures have been installed, and ground cover has been established by growth. After the Erosion Clean -Up and Improvements Escrows have been established, the building inspector of the City is authorized to issue a building permit if the applicant is in compliance with all other applicable requirements and ordinances of the City. Section 6. Occupancy Permit. Prior to the issuance of an occupancy permit for any structure erected pursuant to Section 5, the City in its discretion may require the Owner and the Subdivider, its assigns or successors in interest, to construct and install the Improvements and sidewalks as required by this Agreement. Section 7. Use of Escrow Monies. If, after the issuance of an occupancy permit, the Improvements have not been constructed and installed, the City may use funds deposited in the Improvements Escrow to construct and install such Improvements. If the cost of the construction and installation of said Improvements exceeds the amount of said escrow, the City shall have a lien and charge against all the lots in the Subdivision for the balance of the cost. 2� After the construction and installation of the Improvements, the City shall refund to the Owner and the Subdivider any Improvements Escrow monies not used by the City for the construction and installation of such improvements. Section 8. Waiver. If the Owner and the Subdivider sell or convey lots in said Subdivision without constructing or installing the Improvements; or the Owner and the Subdivider fail to install and/or repair sidewalks required in Section 4 hereof, the City shall have the right to install and construct said Improvementsand/or repair sidewalks. Owner and Subdivider acknowledge and agree that all lots in the Subdivision are specifically benefitted by the Improvements so that the cost of the installation shall be a lien and charge against all of the lots in the Subdivision. The cost of Improvements need not meet the requirements of notice, benefit or value as provided by the law of the State of Iowa for assessing such improvements. The cost of installing/repairing the sidewalks shall be a lien and charge only against the lot or lots abutting or in front of which such sidewalks are to be installed. It is further provided that these requirements to construct the Improvements and install and/or repair sidewalks shall remain a lien against the lots in the Subdivision from the date of this Agreement until properly released, as hereinafter provided. Section 9. Release. The City agrees that when the Improvements have been installed as required to the satisfaction of the City, the City will, upon request, promptly issue to the Owner and the Subdivider, for recording in the Office of the Johnson County Recorder, a good and sufficient release for the lots in the Subdivision so that this Agreement will not constitute a cloud upon the title of the lots in the Subdivision. Separate sidewalk lien releases shall be issued for individual lots when appropriate. The Mayor and City Clerk, with the concurrence of the City Attorney and City Engineer, are hereby authorized to execute the releases contemplated by this section. This section also authorizes the execution of one or more Limited Release Agreements, based on the use of escrows for improvements as contemplated in Section 5 above, as may be acceptable to the City. Section 10. Street Maintenance and Public Sery Owner and Subdivider agree that public services, including but not limited to street maintenance, traffic control, snow removal, and solid waste collection, will not be extended to the Subdivision until the concrete streets are installed and accepted by the City. 121\ Section 11. Miscellaneous. A. All electrical, telephone and cable television service and distribution lines shall be installed underground. B. Outlots F and G are private open space and they shall be owned and maintained by Owner until transfer of ownership to an Owner's Association. C. Plat notes and surveyor's notes on plats serve to provide notice of how a subdivision is expected to develop. Said notes are not intended to create any vested private interest in any stated use restriction or covenant, or create any third party beneficiaries to any noted use restriction or covenant. The City reserves the right, in its sole discretion, subject to any applicable public notice and approval process required by law, to alter or amend any plat note, or to sell or vacate any right-of-way, street, alley, park, easement, open area or other land set apart and dedicated for public use within the plat. The City further reserves the right, upon request of the owner or successor in interest, to vacate the plat and/or relocate any easement, alter lot boundaries or allow said land to be replatted subject to any applicable public notice and approval process required by law. D. The Minimum Low Opening Elevation for the west side of the building on Lot 42 shall be a minimum of 1.5 feet above the bottom of the drainage swale at the northwest of the lot, adjacent and perpendicular to the drainage swale. The Minimum Low Opening Elevation for Lot 43 shall be a minimum of 1.5 feet above the bottom of the drainage swale at the back of the lot, adjacent and perpendicular to the drainage swale. E. The City shall not issue a building permit for any lot in the Subdivision until such time as the Owner and Subdivider have paid to the City a water main extension fee in the amount of $7,843.05 ($435.00 per acre multiplied by 18.03 acres) pursuant to the City Code. This fee shall not include the required water main extension fee for Outlot H, which will be collected at the time Outlot H is further developed. F. The City shall not issue a building permit for any lot in the Subdivision until such time as the Owner and Subdivider have paid to the City a sewer tap on fee in the amount of $10,294.77 ($570.98 per acre multiplied by 18.03 acres) pursuant to the City Code. This fee shall not include the required sewer tap on fee for Outlot H, which will be collected at the time Outlot H is further developed. 2\ G. Subdivider also agrees to pay the City $17,370 in lieu of dedicating 25,221 square feet for neighborhood open space pursuant to the provisions of Section 14-5K-6 of the Iowa City Code of Ordinances, which fee shall be paid prior to the issuance of building permits for lots within the Subdivision. This fee shall be deposited and administrated according to Section 14-5K-6 of the Iowa City Code of Ordinances. H. Mailbox clusters will be installed at the northwest corner of the intersection of Preston Lane, Kennedy Parkway, and Vintage Boulevard , as directed by the United States Postal Service. I. Subdivider acknowledges that the subject property shall be developed in conformance with the approved sensitive areas development plan and conditional zoning agreement approved pursuant to Ordinance 17-4730 for said property, as set forth in the conditional zoning agreement, which has been recorded in Book 5729, Page 477-490, in the records of the Johnson County, Iowa Recorder's Office. Section 12. Bindina Effect. This agreement shall inure to the benefit and bind the successors and assigns of the respective parties hereto and shall be construed as a covenant running with the title to the lots within the Subdivision. Dated this 'Z'J- day of April, 2018 SUBDIVIDER: The Crossing Development LC M CITY: By: Jim Throgmorto Mayor Approved by: City Attorney ATTEST: ,1 KeY ie Fruehl'ng, City Cle 2� STATE OF IOWA ) )ss: JOHNSON COUNTY ) This instrument acknowledged 2018, by Cs,(,e(� QUI 15UY1 Development LC. �� < SUSAN J WEAVER °a (bmmission Number 799422 My eb�rrv5 20190$ STATE OF IOWA ) )ss: JOHNSON COUNTY ) before me this Z day of April, Az -,r of The Crossing otary Pub is in and for said State This instrument acknowledged before me this 2A-d�day of April, 2018, by Jim Throgmorton and Kellie Fruehling, as Iowa. Mayor and City Clerk, respectively, of the City of Iowa City, Iow . A � �; Notary Public in nd for said State !� t CHRISTINE OLNEY tj Commission Number 806232 i y Commission Expires wA 2\ MORTGAGEE CONSENT TO SUBDIVISION The undersigned, on behalf of West Bank, states that West Bank holds a mortgage on the property described below included within Cardinal Pointe West - Part Two Subdivision: a mortgage recorded June 24, 2016, in Book 5525, Page 636 in the Johnson County Recorder's Office. The property included within Cardinal Pointe West - Part Two is described as follows: 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 2011056 AS RECORDED IN BOOK 56, PAGE 41 IN THE OFFICE OF THE JOHNSON COUNTY, IOWA RECORDER 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 N21048'05"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 16.52 FEET ALONG SAID SOUTHERLY LINE AND 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 N0018'19"W 55.00 FEET ALONG THE EAST LINE OF SAID CARDINAL POINTE WEST - PART ONE; THENCE N9015'18"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 S78055'14"E 191.55 FEET); THENCE N86035'51"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 S0053'41"W 420.64 FEET ALONG SAID WESTERLY RIGHT OF WAY; THENCE SOUTHEASTERLY 422.39 FEET ALONG SAID WESTERLY RIGHT OF WAY AND THE ARC OF A 760.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY (CHORD BEARS S15°01'37"E 416.97 FEET); THENCE S30056'56"E 364.51 FEET ALONG SAID WESTERLY RIGHT OF WAY TO THE NORTHEAST CORNER OF AUDITOR'S PARCEL 2017015 AS RECORDED IN BOOK 61, PAGE 23 IN THE OFFICE OF THE JOHNSON COUNTY, IOWA RECORDER; THENCE S59003'04"W 32.46 FEET ALONG THE NORTHERLY LINE OF SAID AUDITOR'S PARCEL 2017015; THENCE SOUTHWESTERLY 236.38 FEET ALONG SAID NORTHERLY LINE AND THE ARC OF A 530.00 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY (CHORD BEARS S71049'42"W 234.43 FEET); THENCE S59002'58"W 8.58 FEET ALONG SAID NORTHERLY LINE; THENCE S63056'06"W 544.31 FEET ALONG SAID NORTHERLY LINE TO THE SOUTHERLY LINE OF SAID CARDINAL POINTE WEST - PART ONE; THENCE N69046'50"W 240.68 FEET ALONG SAID SOUTHERLY LINE; THENCE N26004'34"W 305.37 FEET ALONG SAID SOUTHERLY LINE; THENCE N44049'18"W 384.61 FEET ALONG SAID SOUTHERLY LINE; THENCE N16051'29"W 238.65 FEET ALONG SAID SOUTHERLY LINE; THENCE N52048'14"W 489.10 FEET ALONG SAID SOUTHERLY LINE; THENCE NO°00'00"E 144.54 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. The undersigned, on behalf of West Bank, states that the Bank consents to the subdivision of the above-described property into Cardinal Pointe West - Part One Subdivision and hereby releases any and all liens against those portions of the property dedicated to the public. 4PRO Dated as of this day of �, 2018. West Bank STATE OF IOWA ) )ss: JOHNSON COUNTY ) 51 F This instrument was acknowledged before me on the 2 day of .Mars#, 2018, by T&rnmS S2nior Yice PrQSIQChf of West Bank. APr; l TgZQN 6�<I. ,� c.Q�ec A2 �.• r., KELLY L. SCHAER Notary Public in and for said State :FCommission Number 790736 My Com issi n Expires 0 2\ SANITARY SEWER AGREEMENT CARDINAL POINTE WEST - PART TWO THIS AGREEMENT, made and entered into by and between The Crossing Development LC (Owner), which expression shall include successors in interest and assigns, and the City of Iowa City, Iowa (Iowa City), which expression shall include its successors in interest and assigns. WITNESSETH: It is hereby agreed as follows: For the sum of $1.00 plus other valuable consideration, the receipt of which is hereby acknowledged, Owner hereby grants and conveys to the City an easement for the purposes of excavating for and the installation, replacement, maintenance and use of such sewage lines, pipes, mains, and conduits as the City shall from time to time elect for conveying sewage, with all necessary appliances and fittings, for the use in connection with said pipe lines, together with adequate protection therefor, and also a right of way, with the right of ingress and egress thereto, over and across the areas designated as "15' Utility & Sanitary Sewer" and "15' Sanitary Sewer, Storm Sewer, & Utility Easement" on the Final Plat of Cardinal Pointe West - Part Two, Iowa City, Iowa, hereafter described as "Easement Areas." Owner further grants to the City: 1. The right of grading said Easement Areas for the full width thereof, and to extend the cuts and fills for such grading into and onto said lands along and outside of the said Easement Areas to such extent as the City may find reasonably necessary. 2. The right from time to time to trim, cut down and clear away any and all trees and brush on said Easement Areas and also to trim, cut down and clear away any trees on either side of said Easement Areas which now or hereafter in the opinion of the City may be a hazard to said Easement Areas, or which may interfere with the exercise of the City's rights hereunder in any manner. The City shall promptly backfill any trench made by it, and repair any damages caused by the City within the easement area. The City shall indemnify Owner against unreasonable loss or damage which may occur in the negligent exercise of the easement rights by the City. Except as expressly provided herein, the City shall have no responsibility for maintaining the easement area. Owner reserves the right to use the Easement Area for purposes 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. Owner does hereby covenant with the City that it is lawfully seized and possessed of the real estate above described, and that it has a good and lawful right to convey it, or any thereof. Nothing in this Agreement shall be construed to impose a requirement on the City to install the original public improvement at issue herein. Nor shall Owner be deemed acting as the City's agent during the original construction and installation of said improvement. Parties agree that the obligation to install the public improvement(s) herein shall be in accordance with City specifications, and the obligation shall remain on Owner until completion and until acceptance by the City, as by law provided. The provisions hereof shall successors and assigns of the covenants shall apply to and rur 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"I day of April, 2018. OWNER: ;The Cro sing Development LC CoU ejo I 50y , A rn CITY: / � ATTEST: C2e�P byV Jim Throgmort n, Mayor Ke lie Frueh ing, City C erk Approved by: J&,t yr 1%&e7` , City Attorney V(3 lea 2 STATE OF IOWA ) )ss: JOHNSON COUNTY ) This instrument acknowledged 20,1, 18, by * ana er Ca I b W/lS�ll _ b=LNumber7N Number 472 my Cm aLabn was Februe 5, 2019 STATE OF IOWA ) )ss: JOHNSON COUNTY ) This instrument acknowledged before me this -& day of , 2018, by Jim Throgmorton and Kellie Fruehling, as the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa. 1�Aye: Notary Pu lic in and for said State S CHRISTINE OLNEY $ CommissianNumOLN6232 Comm'ss' n Expires IOWA 2\ %i before me this day of h, of Th Crossing velo ment LC. otary Public.An and for said State This instrument acknowledged before me this -& day of , 2018, by Jim Throgmorton and Kellie Fruehling, as the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa. 1�Aye: Notary Pu lic in and for said State S CHRISTINE OLNEY $ CommissianNumOLN6232 Comm'ss' n Expires IOWA 2\ UNDERGROUND UTILITY EASEMENT CARDINAL POINTE WEST - PART TWO In consideration of the approval of the Final Plat of Cardinal Pointe West - Part Two, the undersigned hereby grants to MidAmerican Energy, Centurylink Corporation, MediaCom Iowa, L.L.C., and the City of Iowa City, and their successors and assigns, (hereinafter "Grantees") a perpetual easement upon, over, under, along and across the areas marked upon the Final Plat of Cardinal Pointe West - Part Two as "15' Utility Easement", "15' Utility and Sanitary Sewer Easement", "15' Sanitary Sewer, Storm Sewer, and Utility Easement", and "15' Storm Sewer & Utility Easement (Lot 42 Only)", hereafter referred to as "Easement Areas." The Grantees of this easement shall have the right to install, lay, construct, reconstruct, renew, operate, maintain and remove conduits, cables, pipes, electric lines below the surface of the ground, and other equipment or appurtenances above the surface of the ground as may be necessary for the purposes of serving the Subdivision and other property with electricity, gas, and communication service within the Easement Areas; 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. Grantees shall indemnify Owner against unreasonable loss or damage which may occur in the negligent exercise of the easement rights granted herein. Owner, 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 Owner 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, plantings, minor landscaping and other purposes that do not then or later interfere with the aforesaid uses or the rights herein granted, but such items placed in the Easement Areas, with or without City approval, may be removed by the Grantees without compensation or replacement. Dated as of this day of April, 2018 171\ OWNER: The Crossing Development LC By: wllwlPte✓ CITY: �- By: Jim Throgggmorton, Mayor Approved by: .' 4�rte//" o� City Attorney /)V3 11,V STATE OF IOWA ) )ss: JOHNSON COUNTY ) This instrument acknowl Y Ca b IQI(SM , . SUSAN J WEAVER I Cormnimloo Number 794422 My CamNssbn EVka February S. 2019 2018, b LC. STATE OF IOWA ) )ss: JOHNSON COUNTY ) ATTE T:p _ /J Kellie Frueh 'ng, City Cle 7t'k a_.. _r ^ -P-1I This instrument acknowledged before me this 22 -ft— day of April, 2018, by Jim Throgmorton and Kellie Fruehling, as the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa. / �L /ot4ary Public in a for said State �e C n RISTINE OLNEY 9 Cemmieuon Number 806232 ♦ ++ M Canmissi nExpires own STORM SEWER AND DRAINAGE EASEMENT AGREEMENT CARDINAL POINTE WEST - PART TWO, IOWA CITY, IOWA THIS AGREEMENT is made and entered into by and between The Crossing Development LC (Owner), which expression shall include its successors in interest and assigns, and the City of Iowa City, Iowa (the City), which expression shall include its Successors in interest and assigns. 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 Outlot F and those areas designated as "20' Storm Sewer & Drainage Easement", "30' Storm Sewer Easement", "15' Sanitary Sewer, Storm Sewer & Utility Easement", and "15' Storm Sewer & Utility Easement (Lot 42 Only)" on the Final Plat of said subdivision herein described as the "Easement Areas." Owner further grants to the City: 1. The right of grading said Easement Areas for the full width thereof, and to extend the cuts and fills for such grading into and onto said lands along and outside of the said Easement Areas, to such extent as the City may find reasonably necessary. 2. The right from time to time to trim, to cut down and clear away any and all trees and brush on said Easement Areas, and also to trim, cut down and clear away any trees on either side of said strip which now or hereafter in the opinion of the City may be a hazard to said Easement Areas or which may interfere with the exercise of the City's rights hereunder in any manner. 3. The City shall promptly backfill any trench made by it, and repair any damages caused by the City within the Easement Areas. The City shall indemnify Owner against unreasonable loss or damage which may occur in the negligent exercise of the easement rights by the City. Except as expressly provided herein, the City shall have no responsibility for maintaining the Easement Areas. 4. Owner reserves the right to use said Easement Areas for purposes which will not interfere with the City's full enjoyment of the rights hereby granted; provided that the Owner shall not erect or construct any building, fence, retaining wall, or other structure, plant any trees, drill or operate any well, or construct any reservoir 2\ or other obstruction on said areas, or diminish or substantially add to the ground cover over said Easement Areas. Any improvements installed within the easement area, with or without the approval of the City, 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. 7. Parties agree that the obligation to install the public improvement(s) herein shall be in accordance with City specifications, and the obligation shall remain on Owner until completion by Owner, and until acceptance by the City, as provided by law. The provisions hereof shall inure to the successors and assigns of the respective all covenants shall apply to and run with the to the land. DATED as of this day of April, 2018. OWNER: The Crossing Development LC Y :mison g �C( CITY: By James Throgmorton, Mayor Approved by: /a I/ .v✓771L7 /7�'"' City Attorney ATTEST: benefit of and bind the parties hereto, and land and with the title Ke lie Frueh ing, City Clerk STATE OF IOWA ss: JOHNSON COUNTY This instrument was acknowledged before me on the day of -MaTreh, 2018 by��� VJi �S�yy� Manager o The Cros g evelopment LC. k4lRig;VgComr4aw ly R 49422lmaN ary Public and for said State STATE OF IOWA )ss: JOHNSON COUNTY ) .4 This instrument acknowledged before me this day of rlaEek, 2018, by James Throgmorton and Kellie Fruehling, as the Mayor and City Clerk, respectively, of the City of Iowa City,/Iowa. J, Notary Public in aEd for said State I✓�TINE OLNEY �� �QWR11FSiQN NUmblr 806232 s l R i �omryi tion Expires T 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. 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 2011056 AS RECORDED IN BOOK 56, PAGE 41 IN THE OFFICE OF THE JOHNSON COUNTY, IOWA RECORDER 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 N21048'05"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 N86°42'03"E 215.79 FEET ALONG SAID SOUTHERLY LINE; THENCE SOUTHERLY 16.52 FEET ALONG SAID SOUTHERLY LINE AND 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 N0018'19"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 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 S78055'14"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 420.64 FEET ALONG SAID WESTERLY RIGHT OF WAY; THENCE SOUTHEASTERLY 422.39 FEET ALONG SAID WESTERLY RIGHT OF WAY AND THE ARC OF A 760.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY (CHORD BEARS S15001'37"E 416.97 FEET); THENCE S30056'56"E 364.51 FEET ALONG SAID WESTERLY RIGHT OF WAY TO THE NORTHEAST CORNER OF AUDITOR'S PARCEL 2017015 AS RECORDED IN BOOK 61, PAGE 23 IN THE OFFICE OF THE JOHNSON COUNTY, IOWA RECORDER; THENCE S59003'04"W 32.46 FEET ALONG THE NORTHERLY LINE OF SAID AUDITOR'S PARCEL 2017015; THENCE SOUTHWESTERLY 236.38 FEET ALONG SAID NORTHERLY LINE AND THE ARC OF A 530.00 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY (CHORD BEARS S71°49'42"W 234.43 FEET); THENCE S59002'58"W 8.58 FEET ALONG SAID NORTHERLY LINE; THENCE S63056'06"W 544.31 FEET ALONG SAID NORTHERLY LINE TO THE SOUTHERLY LINE OF SAID CARDINAL POINTE WEST - PART ONE; THENCE N69046'50"W 240.68 FEET ALONG SAID SOUTHERLY LINE; THENCE N26004'34"W 305.37 FEET ALONG SAID SOUTHERLY LINE; THENCE N44049'18"W 384.61 FEET ALONG SAID SOUTHERLY LINE; THENCE N16051'29"W 238.65 FEET ALONG SAID SOUTHERLY LINE; THENCE N52048'14"W 489.10 FEET ALONG SAID SOUTHERLY LINE; THENCE NO°00'00"E 144.54 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. Dated as of this day of April, 2018. Thomas L. Kriz, County Treasurer by: Deputy Parcel #: 1112131001 1112151006 1112402001 /` CERTIFICATE OF COUNTY AUDITOR APPROVAL OF SUBDIVISION NAME I, Travis Weipert, Johnson County Auditor, approve the name Cardinal Pointe West - Part Two with reference to the property described below as of the date of this certificate. 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 2011056 AS RECORDED IN BOOK 56, PAGE 41 IN THE OFFICE OF THE JOHNSON COUNTY, IOWA RECORDER 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 N21048'05"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 16.52 FEET ALONG SAID SOUTHERLY LINE AND THE ARC OF A 530.00 FOOT RADIUS CURVE, CONCAVE EASTERLY (CHORD BEARS S4011'32"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 N0018'19"W 55.00 FEET ALONG THE EAST LINE OF SAID CARDINAL POINTE WEST - PART ONE; THENCE N9015'18"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 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 S78055'14"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 S1006'49"E 171.70 FEET); THENCE S0053'41"W 420.64 FEET ALONG SAID WESTERLY RIGHT OF WAY; THENCE SOUTHEASTERLY 422.39 FEET ALONG SAID WESTERLY RIGHT OF WAY AND THE ARC OF A 760.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY (CHORD BEARS S15001'37"E 416.97 FEET); THENCE S30°56'56"E 364.51 FEET ALONG SAID ti� WESTERLY RIGHT OF WAY TO THE NORTHEAST CORNER OF AUDITOR'S PARCEL 2017015 AS RECORDED IN BOOK 61, PAGE 23 IN THE OFFICE OF THE JOHNSON COUNTY, IOWA RECORDER; THENCE S59003'04"W 32.46 FEET ALONG THE NORTHERLY LINE OF SAID AUDITOR'S PARCEL 2017015; THENCE SOUTHWESTERLY 236.38 FEET ALONG SAID NORTHERLY LINE AND THE ARC OF A 530.00 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY (CHORD BEARS S71°49'42"W 234.43 FEET); THENCE S59002'58"W 8.58 FEET ALONG SAID NORTHERLY LINE; THENCE S63056'06"W 544.31 FEET ALONG SAID NORTHERLY LINE TO THE SOUTHERLY LINE OF SAID CARDINAL POINTE WEST - PART ONE; THENCE N69046'50"W 240.68 FEET ALONG SAID SOUTHERLY LINE; THENCE N26004'34"W 305.37 FEET ALONG SAID SOUTHERLY LINE; THENCE N44049118"W 384.61 FEET ALONG SAID SOUTHERLY LINE; THENCE N16°51'29"W 238.65 FEET ALONG SAID SOUTHERLY LINE; THENCE N52048'14"W 489.10 FEET ALONG SAID SOUTHERLY LINE; THENCE NO°00'00"E 144.54 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. Dated as of this <'Y day of fir, 2018. TraVis Weipe County Auditor by: 'Diputy ATTORNEY'S TITLE OPINION Re: CARDINAL POINTE WEST - PART TWO located in Iowa City, Johnson County, Iowa, and legally described as follows: 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 2011056 AS RECORDED IN BOOK 56, PAGE 41 IN THE OFFICE OF THE JOHNSON COUNTY, IOWA RECORDER 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 N21048'05"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 16.52 FEET ALONG SAID SOUTHERLY LINE AND 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 N0018'19"W 55.00 FEET ALONG THE EAST LINE OF SAID CARDINAL POINTE WEST - PART ONE; THENCE N9015'18"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 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 S78055'14"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 420.64 FEET ALONG SAID WESTERLY RIGHT OF WAY; THENCE SOUTHEASTERLY 422.39 FEET ALONG v� SAID WESTERLY RIGHT OF WAY AND THE ARC OF A 760.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY (CHORD BEARS S15001'37"E 416.97 FEET); THENCE S30056'56"E 364.51 FEET ALONG SAID WESTERLY RIGHT OF WAY TO THE NORTHEAST CORNER OF AUDITOR'S PARCEL 2017015 AS RECORDED IN BOOK 61, PAGE 23 IN THE OFFICE OF THE JOHNSON COUNTY, IOWA RECORDER; THENCE S59003'04"W 32.46 FEET ALONG THE NORTHERLY LINE OF SAID AUDITOR'S PARCEL 2017015; THENCE SOUTHWESTERLY 236.38 FEET ALONG SAID NORTHERLY LINE AND THE ARC OF A 530.00 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY (CHORD BEARS S71°49'42"W 234.43 FEET); THENCE S59002'58"W 8.58 FEET ALONG SAID NORTHERLY LINE; THENCE S63056'06"W 544.31 FEET ALONG SAID NORTHERLY LINE TO THE SOUTHERLY LINE OF SAID CARDINAL POINTE WEST - PART ONE; THENCE N69046'50"W 240.68 FEET ALONG SAID SOUTHERLY LINE; THENCE N26004'34"W 305.37 FEET ALONG SAID SOUTHERLY LINE; THENCE N44049'18"W 384.61 FEET ALONG SAID SOUTHERLY LINE; THENCE N16051'29"W 238.65 FEET ALONG SAID SOUTHERLY LINE; THENCE N52048'14"W 489.10 FEET ALONG SAID SOUTHERLY LINE; THENCE NO°00'00"E 144.54 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. 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 being Reliance Title Company Abstract No.95145. The abstract of title has been continued to February 8, 2018, at 8:00 a.m., and as of that date the abstract shows that fee title to the above-described property is in The Crossing Development LC. The abstract sets out a mortgage from The Crossing Development LC in favor of West Bank recorded June 24, 2016, in Book 5525, Page 636. I further certify that except as above stated the property is free from encumbrance. v� Dated as of this I�-Q- day of April, 2018. Erek P. Sittig -- OWNER'S CERTIFICATE The undersigned, The Crossing Development LC, request approval of the subdivision known as Cardinal Pointe West - Part Two, said subdivision shown on the final plat thereof to which this document is attached, which is a subdivision of the following described property: 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 2011056 AS RECORDED IN BOOK 56, PAGE 41 IN THE OFFICE OF THE JOHNSON COUNTY, IOWA RECORDER 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 N21048'05"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 16.52 FEET ALONG SAID SOUTHERLY LINE AND THE ARC OF A 530.00 FOOT RADIUS CURVE, CONCAVE EASTERLY (CHORD BEARS S4011'32"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 N0018'19"W 55.00 FEET ALONG THE EAST LINE OF SAID CARDINAL POINTE WEST - PART ONE; THENCE N9015'18"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 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 S78055'14"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 S1006'49"E 171.70 FEET); THENCE S0053'41"W 420.64 FEET ALONG SAID WESTERLY RIGHT OF WAY; THENCE SOUTHEASTERLY 422.39 FEET ALONG SAID WESTERLY RIGHT OF WAY AND THE ARC OF A 760.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY (CHORD BEARS S15001'37"E 416.97 FEET); THENCE S30056'56"E 364.51 FEET ALONG SAID WESTERLY RIGHT OF WAY TO THE NORTHEAST CORNER OF AUDITOR'S PARCEL 2017015 AS RECORDED IN BOOK 61, PAGE 23 IN THE OFFICE OF THE JOHNSON COUNTY, IOWA RECORDER; THENCE S59003104"W 32.46 FEET ALONG THE NORTHERLY LINE OF SAID AUDITOR'S PARCEL 2017015; THENCE SOUTHWESTERLY 236.38 FEET ALONG SAID NORTHERLY LINE AND THE ARC OF A 530.00 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY (CHORD BEARS S71°49'42"W 234.43 FEET); THENCE S59002'58"W 8.58 FEET ALONG SAID NORTHERLY LINE; THENCE S63056'06"W 544.31 FEET ALONG SAID NORTHERLY LINE TO THE SOUTHERLY LINE OF SAID CARDINAL POINTE WEST - PART ONE; THENCE N69046'50"W 240.68 FEET ALONG SAID SOUTHERLY LINE; THENCE N26004'34"W 305.37 FEET ALONG SAID SOUTHERLY LINE; THENCE N44049'18"W 384.61 FEET ALONG SAID SOUTHERLY LINE; THENCE N16051'29"W 238.65 FEET ALONG SAID SOUTHERLY LINE; THENCE N52048'14"W 489.10 FEET ALONG SAID SOUTHERLY LINE; THENCE NO°00'00"E 144.54 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. The undersigned further states that subdivision is made with the free consent and in accordance with the desire of the undersigned, owners of the land included within the subdivision. The rights-of-way, streets, and easements are hereby dedicated to the public as provided for by Section 354.19 of the Code of Iowa (2015). Dated as of this 03 day of April, 2018. Th rossing Development LC STATE OF IOWA ) ) ss: JOHNSON COUNTY ) This instrument was acknowledged before me on the 3day of April, 2018, by �a�a%IA1,�SW� ._L�st10g-� of The Crossing Development LC. MARINAN COONS 0om05910nNumb®r768066 Notary Public in and for said State My5/l to I7 ' - G� IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Doc ID: 027030680026 Type: GEN r Kind: SUBDIVISION +r df Recorded: 05/17/2018 at 11:41:53 AM Fee Amt: $132.00 Page 1 of 26 IAC t� Johnson County Iowa amp Kim Painter County Recorder BK5785 PG136-161 CITYIOWA CITY 410 East Washington Street Iowa City. Iowa 52240-1826 (319) 356-5000 STATE OF IOWA ) www. gov.or 09 FAX www.icgov.org ) 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. 18-126, which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 1 st day of May, 2018, all as the same appears of record in my office. Also attached are the final legal documents for Iowa City Industrial Campus, Iowa City, Iowa. Dated at Iowa City, Iowa, this day of l 2018. `V M Kellie K. Fruehling City Clerk y/11y�t1, "A' i "` •` ) fires subdivision WON 91, V 1 9 o Prepared by: Sylvia Bochner, Planning Intern, 410 E. Washington St, Iowa City, IA 52240; 319-356-5240 (SUB18-00007) Resolution No. 18-126 Resolution approving the preliminary and final plat of Iowa City Industrial Campus, Iowa City, Iowa, Whereas, the owner, the City of Iowa City, filed with the City Clerk, an application for approval of the preliminary and final plat of Iowa City Industrial Campus, Iowa City, Iowa; and Whereas, said subdivision is located on the following -described real estate in Iowa City, Johnson County, Iowa, to wit: ALL THAT PART OF THE SOUTHEAST QUARTER (SE1/4) OF SECTION 19, TOWNSHIP 79 NORTH, RANGE 5 WEST OF THE 5TH P.M., LYING NORTH OF THE RIGHT OF WAY OF THE CHICAGO, ROCK ISLAND & PACIFIC RAILWAY CO., RUNNING DIAGONALLY SOUTHEAST TO NORTHWEST THROUGH SAID QUARTER SECTION, JOHNSON COUNTY, IOWA; AND ALL THAT PART OF THE SOUTHEAST QUARTER (SE1/4) OF SECTION 19, TOWNSHIP 79 NORTH, RANGE 5 WEST OF THE 5TH P.M., LYING SOUTH OF THE RIGHT OF WAY OF THE CHICAGO, ROCK ISLAND & PACIFIC RAILWAY CO., RUNNING DIAGONALLY FROM SOUTHEAST TO NORTHWEST THROUGH SAID QUARTER SECTION; ALSO THE FOLLOWING TRACT TO -WIT: BEGINNING AT THE NORTHWEST CORNER OF THE NORTHEAST QUARTER (NE1/4) OF SEC. 30, TOWNSHIP 79 NORTH, RANGE 5 WEST OF THE 5TH P.M., IN THE CENTER OF THE PUBLIC HIGHWAY KNOWN AS THE SINGLETON ROAD, RUNNING THENCE SOUTH ALONG THE PRESENT FENCE LINE 1320 FEET TO A STAKE, THENCE EAST 1495.4 FEET TO A STAKE, THENCE NORTH 1316 FEET TO THE CENTER OF SINGLETON ROAD RUNNING ALONG THE NORTH LINE OF SAID QUARTER SECTION, THENCE WEST ALONG THE CENTER OF SAID SINGLETON ROAD 1500 FEET TO THE PLACE OF BEGINNING, THIS LAST PIECE CONTAINING 45.32 ACRES; JOHNSON COUNTY, IOWA. EXCEPT: COMMENCING AT THE SOUTHEAST CORNER OF SECTION 19, TOWNSHIP 79 NORTH, RANGE 5 WEST OF THE 5TH P.M., THENCE NORTH 02°40' WEST ALONG THE EAST LINE OF SAID SECTION 544.15 FEET, THENCE NORTH 64°53' WEST ALONG THE SOUTHERLY LINE OF THE RIGHT OF WAY OF THE CHICAGO, ROCK ISLAND & PACIFIC RAILROAD COMPANY 686.39 FEET, THENCE SOUTH 835.20 FEET TO THE SOUTH LINE OF SAID SECTION 19, THENCE EAST 647.32 FEET ALONG THE SECTION LINE TO THE POINT OF BEGINNING, ACCORDING TO PLAT RECORDED IN PLAT BOOK 5, PAGE 23, PLAT RECORDS OF JOHNSON COUNTY, IOWA. AND EXCEPT: A PORTION OF THE SOUTHEAST QUARTER OF SECTION 19, TOWNSHIP 79 NORTH, RANGE 5 WEST OF THE 5TH P.M., MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AS A POINT OF REFERENCE AT THE SOUTHEAST CORNER OF SECTION 19, TOWNSHIP 79 NORTH, RANGE 5 WEST OF THE 5TH P.M., JOHNSON COUNTY, IOWA; THENCE NORTH 89°48' WEST 647.32 FEET ALONG THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 19 TO POINT OF slpodlsubl8-00007 resoludon.doc 9`�K Resolution No. 18-126 Page 2 BEGINNING OF TRACT HEREIN DESCRIBED (THIS IS AN ASSUMED BEARING FOR PURPOSES OF THIS DESCRIPTION ONLY); THENCE NORTH 833.60 FEET ALONG THE WEST PROPERTY LINE OF THE IOWA VALLEY MILLING COMPANY TO POINT OF INTERSECTION WITH THE SOUTHERLY RIGHT OF WAY LINE OF THE CHICAGO, ROCK ISLAND, AND PACIFIC RAILROAD COMPANY; THENCE NORTH 64°49' WEST 370.18 FEET ALONG THE SOUTHERLY RIGHT OF WAY LINE OF THE CHICAGO, ROCK ISLAND & PACIFIC RAILROAD COMPANY TO A POINT; THENCE SOUTH 989.95 FEET TO A POINT OF INTERSECTION WITH THE SOUTH LINE OF THE SOUTHEAST QUARTER (SE -4 OF SAID SECTION 19; THENCE SOUTH 89"48' EAST 335.00 FEET ALONG THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 19 TO POINT OF BEGINNING; AND CONTAINING 7.0 ACRES MORE OR LESS. AND EXCEPT: JOHNSON COUNTY AUDITOR'S PARCELS 2008096 AND 2008097 LEGALLY DESCRIBED AS FOLLOWS: THE WEST 80 FEET OF THE SOUTHEAST QUARTER OF SECTION 19, TOWNSHIP 79 NORTH, RANGE 5 WEST OF THE 5TH P.M., JOHNSON COUNTY, IOWA, LYING NORTH OF THE IOWA INTERSTATE RAILROAD COMPANY RIGHT-OF-WAY AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A POINT OF REFERENCE AT THE SOUTHWEST CORNER OF SAID SOUTHEAST QUARTER; THENCE NORTH 0'00'45" WEST 1803.51 FEET ALONG THE WEST LINE OF SAID SOUTHEAST QUARTER (ASSUMED BEARING FOR THIS DESCRIPTION ONLY) TO A POINT OF INTERSECTION WITH THE SOUTHERLY RIGHT-OF-WAY LINE OF SAID IOWA INTERSTATE RAILROAD COMPANY; THENCE CONTINUING NORTH 0'00'45" WEST 131.10 FEET ALONG SAID WEST LINE TO A POINT OF INTERSECTION WITH THE NORTHERLY RIGHT- OF-WAY LINE OF SAID IOWA INTERSTATE RAILROAD COMPANY AND THE POINT OF BEGINNING; THENCE CONTINUING NORTH 0'00'45" WEST 653.47 FEET ALONG SAID WEST LINE TO THE NORTHWEST CORNER OF SAID SOUTHEAST QUARTER; THENCE SOUTH 88'42'56" EAST 80.02 FEET ALONG THE NORTH LINE OF SAID SOUTHEAST QUARTER; THENCE SOUTH 0'00'45" EAST 693.93 FEET ALONG A LINE PARALLEL WITH AND 80 FEET IN PERPENDICULAR DISTANCE EAST OF THE WEST LINE OF SAID SOUTHEAST QUARTER TO A POINT OF INTERSECTION WITH THE NORTHERLY RIGHT-OF-WAY LINE OF SAID IOWA INTERSTATE RAILROAD COMPANY; THENCE NORTH 62'09'47" WEST 90.48 FEET ALONG SAID NORTHERLY RIGHT-OF-WAY LINE TO THE POINT OF BEGINNING AND CONTAINING 1.24 ACRES MORE OR LESS. THE WEST 80 FEET OF THE SOUTHEAST QUARTER OF SECTION 19, TOWNSHIP 79 NORTH, RANGE 5 WEST OF THE 5TH P.M., JOHNSON COUNTY, IOWA, LYING SOUTH OF THE IOWA INTERSTATE RAILROAD COMPANY RIGHT-OF-WAY AND BEING MORE PARTICULARLY DESCRIBED A FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID SOUTHEAST QUARTER; THENCE NORTH 0'00'45" WEST 1803.51 FEET ALONG THE WEST LINE OF SAID SOUTHEAST QUARTER (ASSUMED BEARING FOR THIS DESCRIPTION ONLY) TO A POINT OF INTERSECTION WITH THE SOUTHERLY RIGHT-OF-WAY LINE OF SAID IOWA INTERSTATE RAILROAD COMPANY; THENCE SOUTH 62'09'47" EAST 90.48 FEET ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE; THENCE SOUTH m Resolution No. 18-126 Page 3 0'00'45" EAST 1765.30 FEET ALONG A LINE PARALLEL WITH AND 80 FEET IN PERPENDICULAR DISTANCE EAST OF THE WEST LINE OF SAID SOUTHEAST QUARTER TO A POINT OF INTERSECTION WITH THE SOUTH LINE OF SAID SOUTHEAST QUARTER; THENCE NORTH 87'06'11" WEST 80.10 FEET ALONG SAID SOUTH LINE TO THE POINT OF BEGINNING AND CONTAINING 3.28 ACRES MORE OR LESS. Whereas, the Department of Neighborhood and Development Services and the Public Works Department examined the preliminary and final plat and recommended approval; and Whereas, the Planning and Zoning Commission examined the preliminary plat and, after due deliberation, recommended acceptance and approval of the plat; and Whereas, a dedication has been made to the public, and the subdivision has been made with the free consent and in accordance with the desires of the owners and proprietors; and Whereas, said final plat and subdivision are found to conform with Chapter 354, Code of Iowa (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 preliminary and final plat of Iowa City Industrial Campus, Iowa City, Iowa, is hereby approved. 2. The said final plat and subdivision located on the above-described real estate be and the same are hereby approved. 3. 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. 4. The Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed, upon approval by the City Attorney, to execute all legal documents relating to said 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 Ls_Way of may , 201a Ma r Attest:• " rb Cify Clerk Approved By City Attorney's Office q1, It was moved by Taylor and seconded by Botchway the Resolution be adopted, and upon roll call there were: 9�?' Resolution No. 18-126 Page 4 Ayes: Nays: Absent: Botchway Cole Mims Salih Taylor Thomas Throgmorton I SUBDIVIDER'S AGREEMENT IOWA CITY INDUSTRIAL CAMPUS, IOWA CITY, IOWA THIS AGREEMENT, is made by and between the City of Iowa City, Iowa, hereinafter referred to as "Owners," and the City of Iowa City, Iowa, a municipal corporation, hereinafter called the "City". WITNESSETH: SECTION 1. Building Permits. In consideration of the City approving the plat of Iowa City Industrial Campus, Iowa City, Iowa, the Owners agree, as a covenant running with the land that the City shall not issue any building permit: a. For Lot 1, Iowa City Industrial Campus, a subdivision of the City of Iowa City, Iowa, unless and until Owner of Lot 1 pays a $373.77 Scott Blvd Trunk Sanitary Tap -On fee ($1,038.26 / acre) and a $156.60 water main extension fee ($435 per acre); b. For Lot 2, Iowa City Industrial Campus, a subdivision of the City of Iowa City, Iowa, unless and until Owner of Lot 2 pays a $11,638.81 Scott Blvd Trunk Sanitary Tap -On fee ($1,038.26 / acre) and a $ 4,876.35 water main extension fee ($435 per acre); or c. For Lot 3, Iowa City Industrial Campus, a subdivision of the City of Iowa City, Iowa, unless and until Owner of Lot 3 pays a $25,613.87 Scott Blvd Trunk Sanitary Tap -On fee ($1,038.26 / acre) and a $10,731.45 water main extension fee ($435 per acre). SECTION 3. Occupancy Permit. In consideration of the City approving the plat of Iowa City Industrial Campus, Iowa City, Iowa, the Owners agree, as a covenant running with the land that the City shall not issue any occupancy permit for Lot 3 until an 8' wide sidewalk has been installed along 4201h Street adjacent to Lot 3, in accordance with plans and specifications approved by the City Engineer. The sidewalks shall be installed as required by the Iowa City Code of Ordinances, and shall remain a lien on Lot 3 until installed and released by the City, and the release duly recorded in the Johnson County, Iowa Recorder's Office at Owner's expense. SECTION 4. Storm Water Management. 1. In accordance with 16-3G "Storm Water Collection, Discharge and Runoff," Iowa City Code of Ordinances, prior to issuance of a building permit for each lot in the subdivision, Owner shall obtain approval from the Public Works Director of storm water management plans, specifications and calculations design for the respective lot. SECTION 5. Miscellaneous. 1. Outlots A and C are reserved for future development. Outlot B shall be owned and maintained by the City for wetland mitigation purposes. 2. All electrical, telephone and cable television service and distribution lines shall be installed underground. 3. 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 W 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 6. Successors and Assions. 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. 5( - DATED at Iowa City, Iowa, this day of a 2018. CITY OF IOWA CITY, IOWA, as a Municipal Comor i n and Owner By: Jame A. Throgmorton, Mayor Attest: ' Kellie. K. Fruehling STATE OF IOWA ) ) ss: COUNTY OF JOHNSON ) This instrument was acknowledged and attested before me on the day of f I�/�, 2018, by James A. Throgmorton, Mayor, and Kellie K. Fruehling, City Clerk, of the City o Iowa City, a municipal corporation. CHRISTINE OLNEY otary Public, State of I a ! Commission Number 606232 + My Commission Expires w Cl W Prepared by: Sara F. G. Hektoen, Asst. City Attorney, 410 E. Washington St., Iowa City, IA (319) 356-5030 DRAINAGE EASEMENT IOWA CITY INDUSTRIAL CAMPUS THIS AGREEMENT, made and entered into by and between the City of Iowa City, Iowa, (hereinafter "Owner"), and the City of Iowa City, Iowa (hereinafter "City"). For the sum of $1.00 and 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 construction and maintenance and use of such drainageways, swales, ditches and overland flow routes as the City shall from time to time elect for conveying storm water, and also a right of way, with the rights of ingress and egress thereto, over and across the area designated as "drainage easement" on the Final Plat of Iowa City Industrial Campus, a subdivision of the City of Iowa City, Iowa, referred to herein as "easement areas". Owner further grants to the City: 1. The right of grading said easement areas for the full width thereof, and to extend the cuts and fills for such grading into and onto said lands along and outside of the said easement areas, to such extent as the City may find reasonably necessary. 2. The right from time to time to trim, to cut down and clear away any and all trees and brush on said easement areas, and also to trim, cut down and clear away any trees on either side of said strip which now or hereafter in the opinion of the City may be a hazard to said easement areas or which may interfere with the exercise of the City's rights hereunder in any manner. The City shall promptly repair any damage caused by the City within the easement area. The City shall indemnity Owner against unreasonable loss or damage which may occur in the negligent exercise of the easement rights by the City. Except as expressly provided herein, the City shall have no responsibility for maintaining the easement areas. Owner reserves the right to use said easement areas for purposes which will not interfere with the City's full enjoyment of the rights hereby granted; provided that Owner shall not erect or construct any building, fence, retaining wall or other structure, plant any trees, drill or operate any well, or construct any reservoir or other obstruction on said areas, or diminish or substantially add to the ground cover over said easement areas. City reserves the right to remove any such obstructions erected within the easement areas without compensation or replacement. Owner hereby covenants with the City that Owner is lawfully seized and possessed of the real estate above described, and that it has a good and lawful right to convey it, or any part thereof. Nothing in this Agreement shall be construed to impose a requirement on the City to construct the original public improvement(s) at issue herein. Nor shall Owner be deemed acting as the City's agent during the original construction of said improvement(s). Parties agree that the obligation to install the public improvement(s) herein shall be in accordance with the City specifications, and the obligation shall remain on Owner until completion by Owner and until acceptance by the City, as provided by law. The provisions hereof shall insure 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 this1 �" day of , 2018. CITY OF IOWA CITY, IOWA, a Municipal Corporation an Owner By: G Jame A. Throgmorton, MAyor Attest: L� Kellie. K. Ffuehlina STATE OF IOWA ) ss: COUNTY OF JOHNSON ) This instrument was acknowledged and attested before me on the /61- day of 2018, by James A. Throgmorton, Mayor, and Kellie K. Fruehling, City Clerk, of the City of lovJa City, a municipal corporation. lO Notary Public, State oflowa Prepared By: Sara F. G. Hektoen, Asst. City Altomey, 410 E. Washington St., Iowa City, IA (319) 356-5030 CERTIFICATE OF COUNTY TREASURER IOWA CITY INDUSTRIAL CAMPUS 1, Thomas Kriz, hereby certify that I am the County Treasurer of Johnson County, Iowa, and that the property described as follows, to -wit: ALL THAT PART OF THE SOUTHEAST QUARTER (SEI/4) OF SECTION 19, TOWNSHIP 79 NORTH, RANGE 5 WEST OF THE 5TH P.M., LYING NORTH OF THE RIGHT OF WAY OF THE CHICAGO, ROCK ISLAND & PACIFIC RAILWAY CO., RUNNING DIAGONALLY SOUTHEAST TO NORTHWEST THROUGH SAID QUARTER SECTION, JOHNSON COUNTY, IOWA; AND ALL THAT PART OF THE SOUTHEAST QUARTER (SE1/4) OF SECTION 19, TOWNSHIP 79 NORTH, RANGE 5 WEST OF THE 5TH P.M., LYING SOUTH OF THE RIGHT OF WAY OF THE CHICAGO, ROCK ISLAND & PACIFIC RAILWAY CO., RUNNING DIAGONALLY FROM SOUTHEAST TO NORTHWEST THROUGH SAID QUARTER SECTION; ALSO THE FOLLOWING TRACT TO -WIT: BEGINNING AT THE NORTHWEST CORNER OF THE NORTHEAST QUARTER (NEI/4) OF SEC. 30, TOWNSHIP 79 NORTH, RANGE 5 WEST OF THE 5TH P.M., IN THE CENTER OF THE PUBLIC HIGHWAY KNOWN AS THE SINGLETON ROAD, RUNNING THENCE SOUTH ALONG THE PRESENT FENCE LINE 1320 FEET TO A STAKE, THENCE EAST 1495.4 FEET TO A STAKE, THENCE NORTH 1316 FEET TO THE CENTER OF SINGLETON ROAD RUNNING ALONG THE NORTH LINE OF SAID QUARTER SECTION, THENCE WEST ALONG THE CENTER OF SAID SINGLETON ROAD 1500 FEET TO THE PLACE OF BEGINNING, THIS LAST PIECE CONTAINING 45.32 ACRES; JOHNSON COUNTY, IOWA. EXCEPT: COMMENCING AT THE SOUTHEAST CORNER OF SECTION 19, TOWNSHIP 79 NORTH, RANGE 5 WEST OF THE 5TH P.M., THENCE NORTH 02°40' WEST ALONG THE EAST LINE OF SAID SECTION 544.15 FEET, THENCE NORTH 64°53' WEST ALONG THE SOUTHERLY LINE OF THE RIGHT OF WAY OF THE CHICAGO, ROCK ISLAND & PACIFIC RAILROAD COMPANY 686.39 FEET, THENCE SOUTH 835.20 FEET TO THE SOUTH LINE OF SAID SECTION 19, THENCE EAST 647.32 FEET ALONG THE SECTION LINE TO THE POINT OF BEGINNING, ACCORDING TO PLAT RECORDED IN PLAT BOOK 5, PAGE 23, PLAT RECORDS OF JOHNSON COUNTY, IOWA. AND EXCEPT: A PORTION OF THE SOUTHEAST QUARTER OF SECTION 19, TOWNSHIP 79 NORTH, RANGE 5 WEST OF THE 5TH P.M., MORE PARTICULARLY DESCRIBED AS COMMENCING AS A POINT OF REFERENCE AT THE SOUTHEAST CORNER OF SECTION 19, TOWNSHIP 79 NORTH, RANGE 5 WEST OF THE 5TH P.M., JOHNSON COUNTY, IOWA; THENCE NORTH 89°48' WEST 647.32 FEET ALONG THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 19 TO POINT OF BEGINNING OF TRACT HEREIN DESCRIBED (THIS IS AN ASSUMED BEARING FOR PURPOSES OF THIS DESCRIPTION ONLY); THENCE NORTH 833.60 FEET ALONG THE WEST PROPERTY LINE OF THE IOWA VALLEY MILLING COMPANY TO POINT OF INTERSECTION WITH THE SOUTHERLY RIGHT OF WAY LINE OF THE CHICAGO, ROCK ISLAND, AND PACIFIC RAILROAD COMPANY; THENCE NORTH 64049' WEST 370.18 FEET ALONG THE SOUTHERLY RIGHT OF WAY LINE OF THE CHICAGO, ROCK ISLAND & PACIFIC RAILROAD COMPANY TO A POINT; THENCE SOUTH 989.95 FEET TO A POINT OF INTERSECTION WITH THE SOUTH LINE OF THE SOUTHEAST QUARTER (SE'/) OF SAID SECTION 19; THENCE SOUTH 89"48' EAST 335.00 FEET ALONG THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 19 TO POINT OF BEGINNING; AND CONTAINING 7.0 ACRES MORE OR LESS. AND EXCEPT: JOHNSON COUNTY AUDITOR'S PARCELS 2008096 AND 2008097 LEGALLY DESCRIBED AS THE WEST 80 FEET OF THE SOUTHEAST QUARTER OF SECTION 19, TOWNSHIP 79 NORTH, RANGE 5 WEST OF THE 5TH P.M., JOHNSON COUNTY, IOWA, LYING NORTH OF THE IOWA INTERSTATE RAILROAD COMPANY RIGHT-OF-WAY AND BEING MORE PARTICULARLY DESCRIBED AS COMMENCING AT A POINT OF REFERENCE AT THE SOUTHWEST CORNER OF SAID SOUTHEAST QUARTER; THENCE NORTH 0'00'45" WEST 1803.51 FEET ALONG THE WEST LINE OF SAID SOUTHEAST QUARTER (ASSUMED BEARING FOR THIS DESCRIPTION ONLY) TO A POINT OF INTERSECTION WITH THE SOUTHERLY RIGHT-OF-WAY LINE OF SAID IOWA INTERSTATE RAILROAD COMPANY; THENCE CONTINUING NORTH 0'00'45" WEST 131.10 FEET ALONG SAID WEST LINE TO A POINT OF INTERSECTION WITH THE NORTHERLY RIGHT-OF-WAY LINE OF SAID IOWA INTERSTATE RAILROAD COMPANY AND THE POINT OF BEGINNING; THENCE CONTINUING NORTH 0'00'45" WEST 653.47 FEET ALONG SAID WEST LINE TO THE NORTHWEST CORNER OF SAID SOUTHEAST QUARTER; THENCE SOUTH 88'42'56" EAST 80.02 FEET ALONG THE NORTH LINE OF SAID SOUTHEAST QUARTER; THENCE SOUTH 0'00'45" EAST 693.93 FEET ALONG A LINE PARALLEL WITH AND 80 FEET IN PERPENDICULAR DISTANCE EAST OF THE WEST LINE OF SAID SOUTHEAST QUARTER TO A POINT OF INTERSECTION WITH THE NORTHERLY RIGHT-OF-WAY LINE OF SAID IOWA INTERSTATE RAILROAD COMPANY; THENCE NORTH 62'09'47" WEST 90.48 FEET ALONG SAID NORTHERLY RIGHT-OF-WAY LINE TO THE POINT OF BEGINNING AND CONTAINING 1.24 ACRES MORE OR LESS. THE WEST 80 FEET OF THE SOUTHEAST QUARTER OF SECTION 19, TOWNSHIP 79 NORTH, RANGE 5 WEST OF THE 5TH P.M., JOHNSON COUNTY, IOWA, LYING SOUTH OF THE IOWA INTERSTATE RAILROAD COMPANY RIGHT-OF-WAY AND BEING MORE PARTICULARLY DESCRIBED AS BEGINNING AT THE SOUTHWEST CORNER OF SAID SOUTHEAST QUARTER; THENCE NORTH 0'00'45" WEST 1803.51 FEET ALONG THE WEST LINE OF SAID SOUTHEAST QUARTER (ASSUMED BEARING FOR THIS DESCRIPTION ONLY) TO A POINT OF INTERSECTION WITH THE SOUTHERLY RIGHT-OF-WAY LINE OF SAID IOWA INTERSTATE RAILROAD COMPANY; THENCE SOUTH 62'09'47" EAST 90.48 FEET ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE; THENCE SOUTH 0'00'45" EAST 1765.30 FEET ALONG A LINE PARALLEL WITH AND 80 FEET IN PERPENDICULAR DISTANCE EAST OF THE WEST LINE OF SAID SOUTHEAST QUARTER TO A POINT OF INTERSECTION WITH THE SOUTH LINE OF SAID SOUTHEAST QUARTER; THENCE NORTH 87'06'11" WEST 80.10 FEET ALONG SAID SOUTH LINE TO THE POINT OF BEGINNING AND CONTAINING 3.28 ACRES MORE OR LESS. and shown on the Iowa City Industrial Campus Final Plat, a subdivision of the City of Iowa City, Iowa, is free from taxes. Dated at Iowa City, Iowa, this .Lday of Md� 2018. bye 6?. A�- Thomas Kriz County Treasurer Johnson County, Iowa (Seal) 0 F! y y o l oc-,Y oylyKoraa`I 4 9 19 if Sl ar 3 U9l945)Oe- 1 N Prepared by: Sara F. G. Hektoen, Asst. City Attomey, 410 E. Washington St., Iowa City, IA (319) 3565030 CERTIFICATE OF COUNTY AUDITOR IOWA CITY INDUSTRIAL CAMPUS I, Travis Weipert, the County Auditor of Johnson County, Iowa, hereby approve the name Iowa City Industrial Campus, as a succinct and unique name for the subdivision containing the following described real estate located in Iowa City, Johnson County, Iowa: ALL THAT PART OF THE SOUTHEAST QUARTER (SE1/4) OF SECTION 19, TOWNSHIP 79 NORTH, RANGE 5 WEST OF THE 5TH P.M., LYING NORTH OF THE RIGHT OF WAY OF THE CHICAGO, ROCK ISLAND & PACIFIC RAILWAY CO., RUNNING DIAGONALLY SOUTHEAST TO NORTHWEST THROUGH SAID QUARTER SECTION, JOHNSON COUNTY, IOWA; AND ALL THAT PART OF THE SOUTHEAST QUARTER (SE1/4) OF SECTION 19, TOWNSHIP 79 NORTH, RANGE 5 WEST OF THE 5TH P.M., LYING SOUTH OF THE RIGHT OF WAY OF THE CHICAGO, ROCK ISLAND & PACIFIC RAILWAY CO., RUNNING DIAGONALLY FROM SOUTHEAST TO NORTHWEST THROUGH SAID QUARTER SECTION; ALSO THE FOLLOWING TRACT TO -WIT: BEGINNING AT THE NORTHWEST CORNER OF THE NORTHEAST QUARTER (NE1/4) OF SEC. 30, TOWNSHIP 79 NORTH, RANGE 5 WEST OF THE 5TH P.M., IN THE CENTER OF THE PUBLIC HIGHWAY KNOWN AS THE SINGLETON ROAD, RUNNING THENCE SOUTH ALONG THE PRESENT FENCE LINE 1320 FEET TO A STAKE, THENCE EAST 1495.4 FEET TO A STAKE, THENCE NORTH 1316 FEET TO THE CENTER OF SINGLETON ROAD RUNNING ALONG THE NORTH LINE OF SAID QUARTER SECTION, THENCE WEST ALONG THE CENTER OF SAID SINGLETON ROAD 1500 FEET TO THE PLACE OF BEGINNING, THIS LAST PIECE CONTAINING 45.32 ACRES; JOHNSON COUNTY, IOWA. EXCEPT: COMMENCING AT THE SOUTHEAST CORNER OF SECTION 19, TOWNSHIP 79 NORTH, RANGE 5 WEST OF THE 5TH P.M., THENCE NORTH 02"40' WEST ALONG THE EAST LINE OF SAID SECTION 544.15 FEET, THENCE NORTH 64°53' WEST ALONG THE SOUTHERLY LINE OF THE RIGHT OF WAY OF THE CHICAGO, ROCK ISLAND & PACIFIC RAILROAD COMPANY 686.39 FEET, THENCE SOUTH 835.20 FEET TO THE SOUTH LINE OF SAID SECTION 19, THENCE EAST 647.32 FEET ALONG THE SECTION LINE TO THE POINT OF BEGINNING, ACCORDING TO PLAT RECORDED IN PLAT BOOK 5, PAGE 23, PLAT RECORDS OF JOHNSON COUNTY, IOWA. AND EXCEPT: A PORTION OF THE SOUTHEAST QUARTER OF SECTION 19, TOWNSHIP 79 NORTH, RANGE 5 WEST OF THE 5TH P.M., MORE PARTICULARLY DESCRIBED AS COMMENCING AS A POINT OF REFERENCE AT THE SOUTHEAST CORNER OF SECTION 19, TOWNSHIP 79 NORTH, RANGE 5 WEST OF THE 5TH P.M., JOHNSON COUNTY, IOWA; THENCE NORTH 89048' WEST 647.32 FEET ALONG THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 19 TO POINT OF BEGINNING OF TRACT IN HEREIN DESCRIBED (THIS IS AN ASSUMED BEARING FOR PURPOSES OF THIS DESCRIPTION ONLY); THENCE NORTH 833.60 FEET ALONG THE WEST PROPERTY LINE OF THE IOWA VALLEY MILLING COMPANY TO POINT OF INTERSECTION WITH THE SOUTHERLY RIGHT OF WAY LINE OF THE CHICAGO, ROCK ISLAND, AND PACIFIC RAILROAD COMPANY; THENCE NORTH 64°49' WEST 370.18 FEET ALONG THE SOUTHERLY RIGHT OF WAY LINE OF THE CHICAGO, ROCK ISLAND & PACIFIC RAILROAD COMPANY TO A POINT; THENCE SOUTH 989.95 FEET TO A POINT OF INTERSECTION WITH THE SOUTH LINE OF THE SOUTHEAST QUARTER (SE'/} OF SAID SECTION 19; THENCE SOUTH 89°48' EAST 335.00 FEET ALONG THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 19 TO POINT OF BEGINNING; AND CONTAINING 7.0 ACRES MORE OR LESS. AND EXCEPT: JOHNSON COUNTY AUDITOR'S PARCELS 2008096 AND 2008097 LEGALLY DESCRIBED AS THE WEST 80 FEET OF THE SOUTHEAST QUARTER OF SECTION 19, TOWNSHIP 79 NORTH, RANGE 5 WEST OF THE 5TH P.M., JOHNSON COUNTY, IOWA, LYING NORTH OF THE IOWA INTERSTATE RAILROAD COMPANY RIGHT-OF-WAY AND BEING MORE PARTICULARLY DESCRIBED AS COMMENCING AT A POINT OF REFERENCE AT THE SOUTHWEST CORNER OF SAID SOUTHEAST QUARTER; THENCE NORTH 0'00'45" WEST 1803.51 FEET ALONG THE WEST LINE OF SAID SOUTHEAST QUARTER (ASSUMED BEARING FOR THIS DESCRIPTION ONLY) TO A POINT OF INTERSECTION WITH THE SOUTHERLY RIGHT-OF-WAY LINE OF SAID IOWA INTERSTATE RAILROAD COMPANY; THENCE CONTINUING NORTH 0'00'45" WEST 131.10 FEET ALONG SAID WEST LINE TO A POINT OF INTERSECTION WITH THE NORTHERLY RIGHT-OF-WAY LINE OF SAID IOWA INTERSTATE RAILROAD COMPANY AND THE POINT OF BEGINNING; THENCE CONTINUING NORTH 0'00'45" WEST 653.47 FEET ALONG SAID WEST LINE TO THE NORTHWEST CORNER OF SAID SOUTHEAST QUARTER; THENCE SOUTH 88'42'56" EAST 80.02 FEET ALONG THE NORTH LINE OF SAID SOUTHEAST QUARTER; THENCE SOUTH 0'00'45" EAST 693.93 FEET ALONG A LINE PARALLEL WITH AND 80 FEET IN PERPENDICULAR DISTANCE EAST OF THE WEST LINE OF SAID SOUTHEAST QUARTER TO A POINT OF INTERSECTION WITH THE NORTHERLY RIGHT- OF-WAY LINE OF SAID IOWA INTERSTATE RAILROAD COMPANY; THENCE NORTH 62'09'47" WEST 90.48 FEET ALONG SAID NORTHERLY RIGHT-OF-WAY LINE TO THE POINT OF BEGINNING AND CONTAINING 1.24 ACRES MORE OR LESS. THE WEST 80 FEET OF THE SOUTHEAST QUARTER OF SECTION 19, TOWNSHIP 79 NORTH, RANGE 5 WEST OF THE 5TH P.M., JOHNSON COUNTY, IOWA, LYING SOUTH OF THE IOWA INTERSTATE RAILROAD COMPANY RIGHT-OF-WAY AND BEING MORE PARTICULARLY DESCRIBED AS BEGINNING AT THE SOUTHWEST CORNER OF SAID SOUTHEAST QUARTER; THENCE NORTH 0'00'45" WEST 1803.51 FEET ALONG THE WEST LINE OF SAID SOUTHEAST QUARTER (ASSUMED BEARING FOR THIS DESCRIPTION ONLY) TO A POINT OF INTERSECTION WITH THE SOUTHERLY RIGHT-OF- WAY LINE OF SAID IOWA INTERSTATE RAILROAD COMPANY; THENCE SOUTH 62'09'47" EAST 90.48 FEET ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE; THENCE SOUTH 0'00'45" EAST 1765.30 FEET ALONG A LINE PARALLEL WITH AND 80 FEET IN PERPENDICULAR DISTANCE EAST OF THE WEST LINE OF SAID SOUTHEAST QUARTER TO A POINT OF INTERSECTION WITH THE SOUTH LINE OF SAID SOUTHEAST QUARTER; THENCE NORTH 87'06'11" WEST 80.10 FEET ALONG SAID SOUTH LINE TO THE POINT OF BEGINNING AND CONTAINING 3.28 ACRES MORE OR LESS. Dated at Iowa City, Iowa, this �_ day of 2018. Travis Weipert County Auditor (seal) Johnson County, Iowa 1 Prepared By: Sara F. G. Hektoen, Asst. City Attomey, 410 E. Washington St., Iowa City, IA (319) 356-5030 UNDERGROUND UTILITY EASEMENT IOWA CITY INDUSTRIAL PARK In consideration of the approval of the Final Plat of Iowa City Industrial Campus, a subdivision of the City of Iowa City, Iowa, the City of Iowa City does hereby grant to Mid -American Energy Company, Centurylink Corporation, MediaCom Iowa, L.L.C., the City of Iowa City, and their successors and assigns (hereinafter "Grantees"), a perpetual right of way easement upon, over, under, along and across the areas marked on the Final Plat of the Iowa City Industrial Campus, Iowa City, Iowa, as "utility easement" and referred to herein as "easement areas". 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 within the easement area 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 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 the rights hereby granted; provided that Grantor shall not erect or construct any reservoir or other obstruction on said areas, or diminish or substantially add to the ground cover over said easement areas. Sidewalks and driveways may be constructed on the easement areas. No permanent dwellings or trees or fences shall be placed on the areas so designated for utility easement, but with advance written authorization from the Grantee's Representatives the same may be used for gardens, shrubs, minor landscaping and other purposes that do not then or later interfere with the aforesaid uses or the rights herein granted. Grantees shall repair any damage caused by Grantees within the easement areas. Dated this j day of j2a � c.�/ ,2018 CITY OF IOWA CITY, IOWA By: G James A. Throgmorton, M yor M Kel `Kellie Freehling, COCi Clerk STATE OF IOWA ) ) SS: JOHNSON COUNTY ) This record was acknowledged before me on this 16* day of trot v2018, by James A. Throgmorton and Kellie K. Fruehling, as Mayor a City Clerk, resp ctively of the City of Iowa City, Iowa. OMRISTINE OLNEY N tary Public in an for ffi0tate of Iowa Cemmit�ionNumber8a6232 � Commiubn Expires 91 Prepared By: Sara F. G. Hektoen, Asst. City Attomey, 410 E. Washington St., Iowa City, IA (319) 3565030 SANITARY SEWER EASEMENT IOWA CITY INDUSTRIAL CAMPUS THIS AGREEMENT, made and entered into by and between the City of Iowa City, Iowa, (hereinafter "Owner"), and the City of Iowa City, Iowa (hereinafter "City"). For the sum of $1.00 and other valuable consideration, the receipt of which is hereby acknowledged, Owner hereby grants and conveys to the City an easement for the purpose of excavating for and the installation, replacement, maintenance and use of such sanitary sewage lines, pipes, mains, and conduits as the City shall from time to time elect for conveying sewage, with all necessary appliances and fittings, for the use in connection with said pipe lines, together with adequate protection therefor, and also a right of way, with the right of ingress and egress thereto, over and across the areas designated as "sanitary sewer' on the Final Plat of Iowa City Industrial Campus, a subdivision of the City of Iowa City, Iowa, hereafter described as "easement areas." Owner further grants to the City: 1. The right of grading said easement areas for the full width thereof, and to extend the cuts and fills for such grading into and onto said lands along and outside of the said easement areas to such extent as the City may find reasonably necessary. 2. The right from time to time to trim, cut down and clear away any and all trees and brush on said easement areas and also to trim, cut down and clear away any trees on either side of said easement areas which now or hereafter in the opinion of the City may be a hazard to said easement areas, or which may interfere with the exercise of the City's rights hereunder in any manner. The City shall promptly backfill any trench made by it, and repair any damage caused by the City within the easement area. The City shall indemnity Owner against unreasonable loss or damage which may occur in the negligent exercise of the easement rights by the City. Except as expressly provided herein, the City shall have no responsibility for maintaining the easement areas. Owner reserves the right to use said easement areas for purposes which will not interfere with the City's full enjoyment of the rights hereby granted; provided that Owner shall not erect or construct any building, fence, retaining wall or other structure, plant any trees, drill or operate any well, or construct any reservoir or other obstruction on said areas, or diminish or substantially add 9 12' to the ground cover over said easement areas. City reserves the right to remove any such obstructions erected within the easement areas without compensation or replacement. Owner hereby covenants with the City that Owner is lawfully seized and possessed of the real estate above described, and that it has a good and lawful right to convey it, or any part thereof. Nothing in this Agreement shall be construed to impose a requirement on the City to install the original public improvement(s) at issue herein. Nor shall Owner be deemed acting as the City's agent during the original construction and installation of said improvement(s). Parties agree that the obligation to install the public improvement(s) herein shall be in accordance with the City specifications, and the obligation shall remain on Owner until completion by Owner and until acceptance by the City, as provided by law. The provisions hereof shall insure 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 )) 61- day of 2018. CITY OF IOWA CITY, IOWA, a MunicipLThrogm—orton, ratig4Mar ner By:G/ James . Attest: Kellie. K. Fruehling STATE OF IOWA ) ) ss: COUNTY OF JOHNSON ) This instrument was acknowledged and attested before me on the 115f day of 2018, by James A. Throgmorton, Mayor, and Kellie K. Fruehling, City Clerk, of the City of Io4 City, a municipal corporation. cCHRISTINE OLNEY Commission Number 806232 N tary Public, State of a My Commission Expires 191 Prepared By: Sara F. G. Hektoen, Asst. City Attomey, 410 E. Washington St., Iowa City, IA (319) 356-5030 TITLE OPINION IOWA CITY INDUSTRIAL CAMPUS I, Sara F. G. Hektoen, a regular practicing attorney of Iowa City, Johnson County, Iowa, do hereby certify that I have examined an abstract of title to property known and designated as the Iowa City Industrial Campus, Iowa City, Iowa, and legally described as: ALL THAT PART OF THE SOUTHEAST QUARTER (SEI/4) OF SECTION 19, TOWNSHIP 79 NORTH, RANGE 5 WEST OF THE 5TH P.M., LYING NORTH OF THE RIGHT OF WAY OF THE CHICAGO, ROCK ISLAND & PACIFIC RAILWAY CO., RUNNING DIAGONALLY SOUTHEAST TO NORTHWEST THROUGH SAID QUARTER SECTION, JOHNSON COUNTY, IOWA; AND ALL THAT PART OF THE SOUTHEAST QUARTER (SE1/4) OF SECTION 19, TOWNSHIP 79 NORTH, RANGE 5 WEST OF THE 5TH P.M., LYING SOUTH OF THE RIGHT OF WAY OF THE CHICAGO, ROCK ISLAND & PACIFIC RAILWAY CO., RUNNING DIAGONALLY FROM SOUTHEAST TO NORTHWEST THROUGH SAID QUARTER SECTION; ALSO THE FOLLOWING TRACT TO -WIT: BEGINNING AT THE NORTHWEST CORNER OF THE NORTHEAST QUARTER (NEI/4) OF SEC. 30, TOWNSHIP 79 NORTH, RANGE 5 WEST OF THE 5TH P.M., IN THE CENTER OF THE PUBLIC HIGHWAY KNOWN AS THE SINGLETON ROAD, RUNNING THENCE SOUTH ALONG THE PRESENT FENCE LINE 1320 FEET TO A STAKE, THENCE EAST 1495.4 FEET TO A STAKE, THENCE NORTH 1316 FEET TO THE CENTER OF SINGLETON ROAD RUNNING ALONG THE NORTH LINE OF SAID QUARTER SECTION, THENCE WEST ALONG THE CENTER OF SAID SINGLETON ROAD 1500 FEET TO THE PLACE OF BEGINNING, THIS LAST PIECE CONTAINING 45.32 ACRES; JOHNSON COUNTY, IOWA. EXCEPT: COMMENCING AT THE SOUTHEAST CORNER OF SECTION 19, TOWNSHIP 79 NORTH, RANGE 5 WEST OF THE 5TH P.M., THENCE NORTH 02°40' WEST ALONG THE EAST LINE OF SAID SECTION 544.15 FEET, THENCE NORTH 64°53' WEST ALONG THE SOUTHERLY LINE OF THE RIGHT OF WAY OF THE CHICAGO, ROCK ISLAND & PACIFIC RAILROAD COMPANY 686.39 FEET, THENCE SOUTH 835.20 FEET TO THE SOUTH LINE OF SAID SECTION 19, THENCE EAST 647.32 FEET ALONG THE SECTION LINE TO THE POINT OF BEGINNING, ACCORDING TO PLAT RECORDED IN PLAT BOOK 5, PAGE 23, PLAT RECORDS OF JOHNSON COUNTY, IOWA. AND EXCEPT: A PORTION OF THE SOUTHEAST QUARTER OF SECTION 19, TOWNSHIP 79 NORTH, RANGE 5 WEST OF THE 5TH P.M., MORE PARTICULARLY DESCRIBED AS COMMENCING AS A POINT OF REFERENCE AT THE SOUTHEAST CORNER OF SECTION 19, TOWNSHIP 79 NORTH, RANGE 5 WEST OF THE 5TH P.M., JOHNSON COUNTY, IOWA; THENCE NORTH 89°48' WEST 647.32 FEET ALONG THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 19 TO POINT OF BEGINNING OF TRACT HEREIN DESCRIBED (THIS IS AN ASSUMED BEARING FOR PURPOSES OF THIS DESCRIPTION ONLY); THENCE NORTH 833.60 FEET ALONG THE WEST PROPERTY LINE 92' OF THE IOWA VALLEY MILLING COMPANY TO POINT OF INTERSECTION WITH THE SOUTHERLY RIGHT OF WAY LINE OF THE CHICAGO, ROCK ISLAND, AND PACIFIC RAILROAD COMPANY; THENCE NORTH 64'49' WEST 370.18 FEET ALONG THE SOUTHERLY RIGHT OF WAY LINE OF THE CHICAGO, ROCK ISLAND & PACIFIC RAILROAD COMPANY TO A POINT; THENCE SOUTH 989.95 FEET TO A POINT OF INTERSECTION WITH THE SOUTH LINE OF THE SOUTHEAST QUARTER (SE'/) OF SAID SECTION 19; THENCE SOUTH 89"48' EAST 335.00 FEET ALONG THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 19 TO POINT OF BEGINNING; AND CONTAINING 7.0 ACRES MORE OR LESS. AND EXCEPT: JOHNSON COUNTY AUDITOR'S PARCELS 2008096 AND 2008097 LEGALLY DESCRIBED AS THE WEST 80 FEET OF THE SOUTHEAST QUARTER OF SECTION 19, TOWNSHIP 79 NORTH, RANGE 5 WEST OF THE 5TH P.M., JOHNSON COUNTY, IOWA, LYING NORTH OF THE IOWA INTERSTATE RAILROAD COMPANY RIGHT-OF-WAY AND BEING MORE PARTICULARLY DESCRIBED AS COMMENCING AT A POINT OF REFERENCE AT THE SOUTHWEST CORNER OF SAID SOUTHEAST QUARTER; THENCE NORTH 0'00'45" WEST 1803.51 FEET ALONG THE WEST LINE OF SAID SOUTHEAST QUARTER (ASSUMED BEARING FOR THIS DESCRIPTION ONLY) TO A POINT OF INTERSECTION WITH THE SOUTHERLY RIGHT-OF-WAY LINE OF SAID IOWA INTERSTATE RAILROAD COMPANY; THENCE CONTINUING NORTH 0'00'45" WEST 131.10 FEET ALONG SAID WEST LINE TO A POINT OF INTERSECTION WITH THE NORTHERLY RIGHT-OF-WAY LINE OF SAID IOWA INTERSTATE RAILROAD COMPANY AND THE POINT OF BEGINNING; THENCE CONTINUING NORTH 0'00'45" WEST 653.47 FEET ALONG SAID WEST LINE TO THE NORTHWEST CORNER OF SAID SOUTHEAST QUARTER; THENCE SOUTH 88'42'56" EAST 80.02 FEET ALONG THE NORTH LINE OF SAID SOUTHEAST QUARTER; THENCE SOUTH 0'00'45" EAST 693.93 FEET ALONG A LINE PARALLEL WITH AND 80 FEET IN PERPENDICULAR DISTANCE EAST OF THE WEST LINE OF SAID SOUTHEAST QUARTER TO A POINT OF INTERSECTION WITH THE NORTHERLY RIGHT-OF-WAY LINE OF SAID IOWA INTERSTATE RAILROAD COMPANY; THENCE NORTH 62'09'47" WEST 90.48 FEET ALONG SAID NORTHERLY RIGHT-OF-WAY LINE TO THE POINT OF BEGINNING AND CONTAINING 1.24 ACRES MORE OR LESS. THE WEST 80 FEET OF THE SOUTHEAST QUARTER OF SECTION 19, TOWNSHIP 79 NORTH, RANGE 5 WEST OF THE 5TH P.M., JOHNSON COUNTY, IOWA, LYING SOUTH OF THE IOWA INTERSTATE RAILROAD COMPANY RIGHT-OF-WAY AND BEING MORE PARTICULARLY DESCRIBED AS BEGINNING AT THE SOUTHWEST CORNER OF SAID SOUTHEAST QUARTER; THENCE NORTH 0'00'45" WEST 1803.51 FEET ALONG THE WEST LINE OF SAID SOUTHEAST QUARTER (ASSUMED BEARING FOR THIS DESCRIPTION ONLY) TO A POINT OF INTERSECTION WITH THE SOUTHERLY RIGHT- OF-WAY LINE OF SAID IOWA INTERSTATE RAILROAD COMPANY; THENCE SOUTH 62'09'47" EAST 90.48 FEET ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE; THENCE SOUTH 0'00'45" EAST 1765.30 FEET ALONG A LINE PARALLEL WITH AND 80 FEET IN PERPENDICULAR DISTANCE EAST OF THE WEST LINE OF SAID SOUTHEAST QUARTER TO A POINT OF INTERSECTION WITH THE SOUTH LINE OF SAID SOUTHEAST QUARTER; THENCE NORTH 87'06'11" WEST 80.10 FEET ALONG SAID SOUTH LINE TO THE POINT OF BEGINNING AND CONTAINING 3.28 ACRES MORE OR LESS. It is hereby certified that fee simple title of said property is in the City of Iowa City, Iowa, a municipal corporation organized under the laws of the State of Iowa. 9- DATED at Iowa City, Iowa, this. �Of� day of April, 2018. OA L Sara F. G. Hektoen Assistant City Attorney City of Iowa City 410 E. Washington Street Iowa City, IA 52240 Prepared By: Sara F. G. Hektoen, Asst. City Attomey, 410 E. Washington St., Iowa City, IA (319) 356-5030 RAILROAD SPUR EASEMENT AGREEMENT IOWA CITY INDUSTRIAL CAMPUS THIS AGREEMENT, made and entered into by and between the City of Iowa City, Iowa, as owner of Lots 2 and 3, Iowa City Industrial Campus, Iowa City, Iowa (hereinafter "Owners"), and the City of Iowa City, Iowa, as a municipality and as owner of Outlot B, Iowa City Industrial Campus, (hereinafter "City"). WHEREAS, the City of Iowa City is the owner of Outlot B and Lots 2 and 3, Iowa City Industrial Campus, a subdivision of the City of Iowa City, Iowa, and WHEREAS, the City intends to maintain ownership of Outlot B, but convey Lots 2 and 3 to third parties for private development for industrial uses consistent with the Iowa City zoning code; and WHEREAS, a railroad spur has been constructed over these lots to allow for the provision of rail service from the Iowa Interstate Railroad, Ltd., which owns and operates a railroad mainline north of the above-described properties; and WHEREAS, to facilitate the provision of rail service to Lots 2 and 3, the City does hereby wish to create a railroad spur easement over and upon Outlot B, and Lots 2 and 3. NOW, THEREFORE, IT IS AGREED AS FOLLOWS: 1. Outlot B: For the sum of $1.00 and other valuable consideration, the receipt of which is hereby acknowledged, City hereby grants and conveys to Owners an easement for the purpose of excavating for and the installation, replacement, maintenance and use of such railroad lines as Owners shall from time to time elect for the provision of rail service with adequate protection therefor, and also aright of way, with the right of ingress and egress thereto, over and across that portion of Outlot B designated as "railroad spur easement" on the Final Plat of Iowa City Industrial Campus, a subdivision of the City of Iowa City, Iowa, hereafter described as "easement area." 2. Lot 2: For the sum of $1.00 and other valuable consideration, the receipt of which is hereby acknowledged, City, as owner of Lot 2, hereby grants and conveys to the City, as owner of Lot 3, an easement for the purpose of excavating for and the installation, replacement, maintenance and use of such railroad lines as Owners shall from time to time elect for the provision of rail service with adequate protection therefor, and also a right of way, with the right of ingress and egress thereto, over and across that portion of Lot 2 designated as "railroad spur easement" on the Final Plat of Iowa City Industrial Campus, a subdivision of the City of Iowa City, Iowa, hereafter described as "easement area." 3. Lot 3: For the sum of $1.00 and other valuable consideration, the receipt of which is hereby acknowledged, City, as owner of Lot 3, hereby grants and conveys to the City, as owner of Lot 2, an easement for the purpose of excavating for and the installation, replacement, maintenance and use of such railroad lines as Owners shall from time to time elect for the provision of rail service with adequate protection therefor, and also a right of way, with the right of ingress and egress thereto, over and across that portion of Lot 3 designated as "railroad spur easement" on the Final Plat of Iowa City Industrial Campus, a subdivision of the City of Iowa City, Iowa, hereafter described as "easement area." N 4. Maintenance, No Railroad Service: Unless and until Owner of Lot 2 and/or Owner of Lot 3 enter into an industry track license agreement, or similar, for the provision of railroad service with the Iowa Interstate Railroad, Ltd., and such service is provided, Owners shall be solely responsible for maintenance and repair of that portion of the easement area encumbering the respective owner's lot, although maintenance and repair of the improvements (railroad spur) shall not be required. 5. Maintenance. Railroad Service: In the event that Owner of Lot 2 and/or Owner of Lot 3 enter into an industry track license agreement for the provision of railroad service with the Iowa Interstate Railroad, Ltd., and such service is provided, that party or parties to the license agreement shall be solely responsible for maintenance and repair of the entire easement area, including maintenance and repair of the railroad spur. The term "maintenance" or "maintain" is intended to and shall include, in addition to repairs, all additions, betterments, and changes, inspection expenses and any costs associated with the removal of snow, ice, weeds, and other obstructions from the area. 6. Warning Signal Expenses: Any party receiving rail service within the easement areas (hereinafter "Owner of the dominant estate") shall be responsible for all expense associated with any necessary signals, or other safety or warning devices anywhere on or associated with the railroad spur, and shall install blue flag and light to be operated when loading and unloading railcars. 7. Duty to Train: Owner of the dominant estate shall train and oversee its employees, agents, lessees, tenants, licensees, and contractors as to proper and safe working practices to follow when performing any work in connection with this Agreement. 8. Further Rights: Owner of the dominant estate shall further have the right to: a. Grade said easement areas for the full width thereof, and to extend the cuts and fills for such grading into and onto said lands along and outside of the said easement areas to such extent as the Owner of the dominant estate may find reasonably necessary. b. To trim, cut down and clear away any and all trees and brush on said easement areas and also to trim, cut down and clear away any trees on either side of said easement areas which now or hereafter in the opinion of the parry receiving rail service may be a hazard to said easement areas, or which may interfere with the exercise of the rights hereunder in any manner. c. Owners shall promptly backfill any trench made by it, and repair any damage caused by the Owners within the easement area. 9. City Maintenance: Except as expressly provided herein, the City shall have no responsibility for maintaining the easement areas. 10. Railroad Service: The parties hereto acknowledge that nothing in this agreement obligates Iowa Interstate Railroad, Ltd. ("Railroad), or its successors, to provide service along any railroad track constructed within said easement area. Any such service shall be subject to a separate agreement with said Railroad. 11. Insurance: Owner of a dominant estate shall maintain, or cause to be maintained, upon execution of an agreement with the railroad for the provision of rail service and at all times prior to the termination of such railroad agreement, at said owner's cost and expense (and from time to time at the request of the City and owner of any servient estates (all owners who are not owners of the dominant estate) shall furnish proof of the payment of premiums on) insurance as follows: a. Comprehensive general liability insurance, including personal injury liability for injuries to persons and/or property, including any injuries resulting from the operation of automobiles or other motorized vehicles on or about the servient estates, in the minimum amount for each occurrence and for each year of $1,000,000, with 99"� $2,000,000 aggregate bodily injury and property damage, and shall name the City and owner of any servient estate as an additional insured. b. All insurance required shall be taken out and maintained in responsible insurance companies selected by Owner of the dominant estate, which are authorized under the laws of the State to assume the risks covered thereby. Owner of the dominant estate will deposit annually with the City owner of any servient estate copies of policies evidencing such insurance or a certificate or certificates or binders of the respective insurers stating that such insurance is in force and effect. Unless otherwise provided in this section, each policy shall contain a provision that the insurer shall not cancel or modify it without giving written notice to the City owner of any servient estate at least thirty (30) days before the cancellation or modification becomes effective. Not less than fifteen (15) days prior to the expiration of any policy, the party responsible for obtaining the same shall furnish the City owner of any servient estate evidence satisfactory to the City owner of any servient estate that the policy has been renewed or replaced by another policy conforming to this easement agreement, or that there is no necessity therefor under the terms hereof. c. Owner of dominant estate agrees to notify the City and owner of any servient estate immediately in the case of damage exceeding $25,000 in amount to, or destruction of, the railroad spur line or any portion of the easement area. Net Proceeds of any such insurance shall be paid directly to Owner of the dominant estate, and Owner of the dominant estate will forthwith repair, reconstruct, and restore the railroad spur and easement area to substantially the same or an improved condition as they existed prior to the event causing such damage and, to the extent necessary to accomplish such repair, reconstruction and restoration, Owner of the dominant estate will apply the Net Proceeds of any insurance relating to such damage received by Owner of the dominant estate to the payment or reimbursement of the costs thereof. d. Owner of the dominant estate shall complete the repair, reconstruction, and restoration of the railroad spur and easement area, regardless of whether the Net Proceeds of insurance received by Owner of the dominant estate for such purposes are sufficient. 12. Indemnification: Owner of the dominant estate shall release, indemnify, defend, and hold harmless owners of servient estates from and against any and all Liabilities arising out of or related to (i) any breach or default by the Owner of the dominant estate of any term, provision, covenant, condition or obligation contained in this Agreement on the part to be performed or observed by Owner of the dominant estate; (ii) any act, omission, negligent act or willful misconduct of any of the Owner of the dominant estate, except to the extent any such Liabilities are caused by the gross negligence or willful misconduct of the owner(s) of the servient estate(s) as it relates to railroad service or railroad operations or movements. "Liabilities" means all claims, liabilities, fines, penalties, costs, damages, losses, liens, causes of action, suits, demands, judgments and expenses (including without limitation, fines, reasonable attorneys' fees, court costs, costs of investigation, removal and remediation and governmental oversight costs), environmental or otherwise, arising under applicable laws, including but not limited to, Federal Employers' Liability Act, Safety Appliance Act, and Occupational Health and Safety Act, rules regulations, and ordinances, including, but not limited to, those promulgated by federal, state, and local agencies. Upon written notice from the owners of the servient estates, Owner of the dominant estate agrees to assume the defense of any lawsuit or other proceeding brought against the City by any entity, relating to any matter covered by this Agreement for which Owner of the dominant estate has an obligation to assume liability for and/or save and hold harmless the owners of the servient estates. Owner of the dominant estate shall pay all costs incident to such 0 defense, including, but not limited to, attorneys' fees, investigators' fees, litigation and appeal expenses, settlement payments, and amounts 13. Law Compliance: Owner of the dominant estate shall comply with all applicable laws, statutes, regulations, ordinances, orders, covenants, codes, rules, including environmental laws, arising from or related to the use, maintenance, or operation of the railroad spur. 14. Rights Reserved: Owners of the servient estates reserve the right to use said easement areas for purposes which will not interfere with the owner of the dominant estate's full enjoyment of the rights hereby granted; provided that the owners of the servient estates shall not erect or construct any building, fence, retaining wall or other structure, plant any trees, drill or operate any well, or construct any reservoir or other obstruction on said areas, or diminish or substantially add to the ground cover over said easement areas. Owner of the dominant estate reserves the right to remove any such obstructions erected within the easement areas. 15. Covenant of Ownership: City hereby covenants that it is lawfully seized and possessed of the real estate above described, and that it has a good and lawful right to convey it, or any part thereof. 16. Agents: Owners of Lots 2 or 3 shall not be deemed acting as the City's agent at any time in exercising its rights granted herein. 17. Covenant Runninq with Land: The provisions hereof shall insure 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. 18. Expansion of Use: The parties hereto acknowledge that the railroad spur may extend south across 4201 Street to service Outlot C. In such event, the burdens of this easement agreement will be imposed on the owner(s) of Outlot C, and benefits of this easement agreement shall be extended to the owner(s) of Outlot C without compensation. No parry hereto shall be obligated, however, to pay for the cost of extending the railroad spur. IN WITNESS WHEREOF, the parties have caused this agreement to be executed as of this I' ' day of May, 2018. CITY OF IOWA CITY, IOWA, as a Munici al Corpolation aid caner By: (/ James . Throgmorton, May Attest: Kellie. K. ruehling STATE OF IOWA ) ) ss: COUNTY OF JOHNSON ) This instrument was acknowledged and attested before me on the �Sf day of May, 2018, by James A. Throgmorton, Mayor, and Kellie K. Fruehling, City Clerk, of the City of Iowa City, a municipal corporation. p CHRISTINE OLNEY S Commission Number808T32 Notary Public, State of owa el _ _ . My Commission Expires O -q", Fe,& Doc ID: 027033710008 Type: GEN Kind: ORDINANCE Recorded: 05/21/2018 at 01:31:32 PM Fee Amt: $42.00 Pape 1 of 8 Johnson County Iowa Kim Painter County Recorder SK5786 PG385-392 STATE OF IOWA ) )SS JOHNSON COUNTY ) L r 1 _r WINS �► city of %'A c��' I, Kellie K. Fmchling, City Clerk of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of Ordinance No.18-4751 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 15th day of May 2018, is a true and correct copy, all as the same appears of record in my office. Dated at Iowa City, Iowa, this /0'01 day of May 2018. Kellie K. Fruehling City Clerk fiord CORPOMI'l 8R 410 EAST WASHINGTON STREET • IOWA CITY, IOWA 52240-1826 • (319) 356-5000 • FAX (319) 356-5009 Sp Prepared by: Sylvia Bochner, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5240 (REZ18-00003) Ordinance No. 18-4751 An ordinance conditionally rezoning approximately 1.1 acres of property located at 225 and 225 % Prentiss Street, from Intensive Commercial (CI -1) to Riverfront Crossings—Central Crossings (RFC -CX). (REZ18-00003) Whereas, the applicant, Hodge Construction, has requested a rezoning of property located at 225 and 225'/1 Prentiss Street from Intensive Commercial (CI -1) to Riverfront Crossings—Central Crossings (RFC - CX); and Whereas, the Downtown and Riverfront Crossing Master Plan indicates that this area should be redeveloped with multi -family housing and the restoration of Ralston Creek; and Whereas, the Planning and Zoning Commission has reviewed the proposed rezoning and determined that it complies with the Comprehensive Plan provided that it meets conditions addressing the need for improvement of Ralston Creek and providing a pedestrian street in accordance with the Form -Based Development Standards for RFC -CX; 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 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 Intensive Commercial (CI -1) to Riverfront Crossings—Central Crossings (RFC -CX): Lot 3, except the north 50 feet thereof, and all of Lot 4, in Block 10, County Seat Addition to Iowa City, Iowa, according to the plat thereof recorded in Book 1 and 2, Page 253, Deed of Records of Johnson County, Iowa; and The north 50 feet of Lot 3 in Block 10, County Seat Addition to Iowa City, Iowa. According to the recorded plat thereof; and Lots 1 and 2 in Block 10 in that part of Iowa City, Iowa, laid off by the Commissioners of Johnson County, Iowa, as the County Seat of Johnson County, Iowa, according to the recorded plat thereof. Section II. Zoning Map. The building official is hereby authorized and directed to change the zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval and publication of the ordinance as approved by law. Section III. 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. tof 17 Ordinance No. 18-4751 Page 2 Section VII. Effective Date. publication, as provided by law. This Ordinance shall be in effect after its final passage, approval and Passed and approved this 15 th day of May 120 IS MA R ATTEST' C&Ip CORPORATE SEAL City Attorneys Office Ordinance No. 18-4751 Page _ 3_ It was moved by Thomas and seconded by Salih that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Botchway x Cole x Mims x Salih x Taylor x Thomas x Throgmorton First Consideration 04/17/2018 Voteforpassage: AYES: Mims, Salih, Taylor, Thomas, Throgmorton, Botchway, Cole. NAYS: None. ABSENT: None. Second Consideration 05/01/2018 Voteforpassage: AYES: Cole, Mims, Salih, Taylor, Thomas, Throgmorton, Botchway. NAYS:None. ABSENT: None. Date published 05/24/2018 70 Prepared by: Sylvia Bochner, Planning Intern, 410 E. Washington, Iowa City, IA 52240 (319) 356-5240 (REZ18-00003) Conditional Zoning Agreement This agreement is made between the City of Iowa City, Iowa, a municipal corporation (hereinafter "City") and Dubuque and Prentiss Investments LC (hereinafter "Owner"). Whereas, Owner Is the legal title holder of approximately 1.1 acres of property located at 225 and 225'/2 Prentiss Street; and Whereas, the Owner has requested the rezoning of said property from Intensive Commercial (CI -1) to Riverfront Crossings—Central Crossings (RFC -CX); and Whereas, the Planning and Zoning Commission has determined that, with appropriate conditions regarding improvements to Ralston Creek and development of a pedestrian street, 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 creek restoration and pedestrian connectivity; 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: Dubuque and Prentiss Investments LC is the legal title holder of the property legally described as Lot 3, except the north 50 feet thereof, and all of Lot 4, in Block 10, County Seat Addition to Iowa City, Iowa, according to the plat thereof recorded in Book 1 and 2, Page 253, Deed of Records of Johnson County, Iowa; and The north 50 feet of Lot 3 in Block 10, County Seat Addition to Iowa City, Iowa. According to the recorded plat thereof; and Lots 1 and 2 in Block 10 in that part of Iowa City, Iowa, laid off by the Commissioners of Johnson County, Iowa, as the County Seat of Johnson County, Iowa, according to the recorded plat thereof. 2. The Owner acknowledges that the City wishes to ensure conformance to the principles of the Comprehensive Plan and the Downtown and Riverfront Crossings Master 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 ppdadMagg.18.00003 cra.doc 1 change. 3. In consideration of the City's rezoning the subject property, Owner agrees that development of the subject property will conform to all other requirements of the zoning chapter, as well as the following conditions: A. Improvement of Ralston Creek and the adjacent pedestrian street in accordance with the Form -Based Development Standards for Riverfront Crossings as follows: 1. Removal of invasive trees. 2. Stream bank stabilization including necessary grading and addition of rip -rap. 3. Planting of trees in accordance with a plan approved by the City Forester. 4. Installation of a minimum 6 -foot wide sidewalk adjacent to the top of the streambank. 5. Installation of pedestrian scale lighting. 6. Dedication of temporary construction easements for the reconstruction of the Prentiss Street Bridge. 7. The above work shall be done according to a plan prepared by the Owner and approved by the City Engineer prior to the issuance of a building permit. 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 or off-site owner - occupied dwelling units, on-site or off-site rental dwelling units, and/or the payment of a fee in lieu thereof, as 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 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 acknowledges that nothing in this Conditional Zoning Agreement shall be ppdadMagt1=18.00003 as dm 2 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 15 th day of may 208 / City of Iowa City Ji Throgmorton, Mayor POMT1 id IlaBByAttest: r l OJ11 1111 KdAlie Fruehlin , City Clerk By: Ap_roved by: �> City Attorney's Office City Of Iowa City Acknowledgement: STATE OF IOWA ) ) ss: JOHNSON COUNTY ) This instrument was acknowledged before me on /�Jf� 20/eby Jim Throgmorton and Kellie Fruehling as Mayor and City Clerk, respectively, of the City of Iowa City. Corporate Acknowledgement: STATE OF IOWA ) ) ss: 2&91 ' L Notary Public in and for the SOte of Iowa (Stamp or Sea[) Title (and Rank) SWA CHRISTINE OLNEY Commission Number 806232 +My Commission Expires ppdadMagVmz18-00003 ®doe 3 992 JOHNSON COUNTY ) This instrument was acknowledged before me on as 20_ by of Inc. Notary Public in and for said County and State (Stamp or Seal) Title (and Rank) Dubuque and Prentiss Investments LC Acknowledgment: State of County of zr-%nc n, This record was acknowledged before me on ! L/12 (Date) by lav 2jrrn n (Name(s) of individual(s) as �n �crtp� (type of authority, such as officer or trustee) of i l2 tel_ p i n�P����,5c n.rac{ti Lc (name of party on behalf of whom record was executed). 1. 0 rinm Notary Public in and for the State of Iowa e" r • DENISE ROW S Commission Number 726698 (Stamp or Seal) My Commission Expires February 2, 2019 Title (and Rank) My commission expires: ppdadnVeaurezisaooaa cm.doc 4 �f FCe Doc ID: 027033760008 Type: GEN Kind: ORDINANCE Recorded: 05/21/2018 at 01:39:36 PFI Fee Amt: $42.00 Pape 1 of 8 Johnson County Iowa Kim Painter County Recorder BK5786 PG399-406 STATE OF IOWA ) ) SS JOHNSON COUNTY ) � r 1 x �� 'od City of 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. 18-4752 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 15th day of May 2018, is a true and correct copy, all as the same appears of record in my office. Dated at Iowa City, Iowa, this / 04-A day of May 2018. Kellie K. Fruehling City Clerk \ord COWPOMRSK; 410 EAST WASHINGTON STREET • IOWA CITY, IOWA 52240-1826 • (319) 356-5000 • FAX (319) 356-5009 94 Prepared by: Karen Howard, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5251 (REZ17-00005) ORDINANCE NO. 18-4752 AN ORDINANCE CONDITIONALLY REZONING APPROXIMATLEY 0.62 ACRES OF LAND FROM COMMUNITY COMMERCIAL (CC -2) ZONE TO RIVERFRONT CROSSINGS — WEST RIVERFRONT (RFC -WR) ZONE FOR PROPERTY LOCATED AT S. 513 RIVERSIDE DRIVE (REZ17-00005) WHEREAS, the applicant, 513 Riverside LLC, has requested a rezoning of property locally known as S. 513 Riverside Drive from Community Commercial (CC -2) zone to Riverfront Crossings — West Riverfront (RFC -WR) zone; and WHEREAS, the subject properties are located in the West Riverfront subdistrict of Riverfront Crossings; and WHEREAS, the Downtown and Riverfront Crossings Master Plan, an integral part of the Comprehensive Plan, sets forth goals and objectives for the West Riverfront subdistrict, including the goals of improving conditions for pedestrians and bicyclists, tempering auto orientation, and enhancing the streetscape and overall aesthetics of the corridor in order to safely support redevelopment of properties for higher density residential living and pedestrian -oriented commercial uses; and WHEREAS, the zoning standards that apply in the West Riverfront 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 reserving frontage areas along streets for pedestrians and restricting parking and vehicular access to areas behind buildings, and require provision of affordable housing; and WHEREAS, Riverside Drive 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 allow a significant Increase in the residential population in the area, which will increase the need for affordable housing, and Increase pedestrian and bicycle traffic along Riverside Drive and, therefore, additional public right-of-way to widen pedestrian areas along Riverside Drive and close driveways that do not meet the City's access management standards will be necessary as well as the provision of affordable housing options; and WHEREAS, Iowa City Code 14-20-8 requires that, upon rezoning to RFC -WR, 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 Riverside Drive frontage to widen the pedestrian area within the right-of-way to a minimum of 20 feet in width, closure of driveways according to the City's access management standards, and provision of affordable housing; 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 Community Commercial (CC -2) Zone to Riverfront Crossings -West Riverfront (RFC -WR) Zone: IOWA CITY RYERSON'S AND SHARP'S SUBDIVISION LOT 1, COMMENCING AT THE SOUTHWEST CORNER OF MYRTLE AVENUE AND RIVERSIDE DRIVE; SOUTH 157', THEN WEST 178'; THEN NORTH 160', THEN EAST 159' TO THE POINT OF BEGINNING. PL� Ordinance No. 18-4752 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 15 th day of I MA OR` f� ATTEST: ITYCLE i :,A��%.RK Appr ed by City Attorneys Office ,.,/` L //& �Gr, W1111 CORPON 91 10 Ordinance No. 18-4752 Page 3 It was moved by Mims and seconded by Salih that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS ABSENT: Botchway Cole Mims Salih Taylor Thomas Throgmorton First Consideration 04/17/2018 Voteforpassage: AYES: Salih, Taylor, Thomas, Throgmorton, Botchway, Cole, Mims. NAYS: None. ABSENT: None. Second Consideration 05/01/2018 Voteforpassage: AYES: Mims, Salih, Taylor, Thomas, Throgmorton, Botchway, Cole. NAYS: None. ABSENT: None. Date published 05/24/2018 r?A Prepared by. Karen Howard, 410 E. Washngton, Iowa City, IA 52240 (319) 356.5251 (REZ16-00005) CONDITIONAL ZONING AGREEMENT THIS AGREEMENT is made between the City of Iowa City, Iowa, a municipal corporation (hereinafter "City"), and 513 Riverside, LLC (referred to hereinafter as "Owners") - WHEREAS, Owners are the collective legal title holders of approximately 0.62 acres of property locally known as 513 S. Riverside Drive in Iowa City; and WHEREAS, the Owners have requested the rezoning of the subject properties from Community Commercial (CC -2) Zone to Riverfront Crossings — West Riverfront (RFC -WR); 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, Riverside Drive is currently an auto -oriented arterial street with high traffic volumes and higher speeds and Tittle to no space within the public right-of-way for pedestrians and bicycles and with an excessive number of driveway access points that further increase potential traffic conflicts between all modes of travel; and WHEREAS, the Increased density of residential living and urban commercial intensity allowed with the RFC -WR zoning will result in the need for an improved "public realm" along Riverside Drive, including improved streets with safer and more attractive areas for people to walk and bike; and WHEREAS, the requested rezoning will allow a significant increase in the residential population in the area, which will increase the pedestrian and bicycle traffic along Riverside Drive and, therefore, additional public right-of-way to widen pedestrian areas along Riverside Drive 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 improve traffic safety; 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 -WR 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 1 of 4 0 agree as follows: 1. Owners are the collective the legal title holders of the properly legally described as follows: IOWA CITY RYERSON'S AND SHARP'S SUBDIVISION LOT 1, COMMENCING AT THE SOUTHWEST CORNER OF MYRTLE AVENUE AND RIVERSIDE DRIVE; SOUTH 157", THEN WEST 178'; THEN NORTH 160', THEN EAST 159' TO THE POINT OF BEGINNING. 2. The Owners acknowledge that the City wishes to ensure conformance to the principles of the Comprehensive Plan, Including the West Riverfront 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 permit for any improvements to the subject property or coincident with the City's street Improvement project, whichever occurs first, land shall be dedicated to the City along Riverside Drive 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 20 foot wide pedestrian area between the new front property line and the street curb along the Riverside Drive frontage, including at the comer of Riverside Drive and Myrtle Avenue; b. Prior to issuance of any permit for any Improvements to the subject property or coincident with the City's street improvement project, whichever occurs first, the two driveways closest to the Intersection of Riverside Drive and Myrtle Avenue shall be closed and the area subsequently restored and improved for pedestrian use. In addition, prior to issuance of any permit for any improvements to the subject property or coincident with the City's street improvement project, whichever occurs first, the southernmost driveway on the Riverside Drive frontage shall be evaluated according to the City's access management standards as set forth in Article 14-5C of the City Code of Iowa City, with the City reserving the right to close or move driveway access points, or reduce to a single directional drive (such as right -out. only), in compliance with said standards; c. Owner shall satisfy the affordable housing obligations Imposed pursuant to Iowa City Code of Ordinances 14-213-8 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. 2of4 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. 7. 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 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 15 eh day of CITY OF IOWA CITY J es Throgrriorton, ,M Attest: e App over: City Attomey's Office 2018. ' OWN 3 or By: Riverside, LLC ctia. /el zg lmVcJ =� COPON 91 CITY OF IOWA CITY ACKNOWLEDGEMENT: STATE OF IOWA ) ) ss: JOHNSON COUNTY ) 3 of 4 9� This instrument was acknowledged before me on G , 201? by James Throgmodon and Kaucht uJas Mayor and Cityrespectively, of the City of Iowa City. Az& Notary Public in and for th State of Iowa zow CHRISTINE OLNEY (Stamp or Seal) =k" Commission NumberBD6232 iyMy CommissionExpires Title (end Rank) My commission expires: 573 RIVERSIDE, LLC ACKNOWLEDGMENT: STATE OF IOWA ) ss: JOHNSON COUNTY ) This instrument was acknowledged before me on 201/ by QA44'1eS GP&WV6 (Name(s) of Individual(s) as (type of authority, such as officer or trustee) of 513 Riverside LLC. ARI E MOUI-111151Y Commission Number 145459 • key isslon E>r ilres Notary P�nd for he State o a (Stamp or Seal) Title (and Rank) My commission expires: 4of4 e� Doc ID: 027045590006 Type: GEN Kind: RESOLUTION Recorded: 06/01/2015 at 02:37:39 PM Fee Amt: $32.00 Pape 1 of 6 Johnson County Iowa Kim Painter County Recorder BK5791 PG546-551 STATE OF IOWA ) ) SS JOHNSON COUNTY ) a r ,fir""111@17 n ID city of 'PA 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. 18-170 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 29th day of May 2018, all as the same appears of record in my office. Dated at Iowa City, Iowa, this 3 I St day of May 2018. Kellie K. Fruehling City Clerk fires ` n a (0PP0RPiE5EPl 410 EAST WASHINGTON STREET • IOWA CITY, IOWA 52240-1826 • (319) 356-5000 • FAX (319) 356-5009 T6 Prepared by: Sara Greenwood Hektoen, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240, 356-5030 Resolution No. 18-170 Resolution Authorizing Amendment No. 1 to the Subdivider's Agreement for Peninsula Neighborhood, Fourth Addition Whereas, on May 1, 2012, the City did execute a Subdivider's Agreement for the Peninsula Neighborhood, Fourth Addition, and recorded the same in Book 4918, Page 594-616 (hereinafter "Agreement"); and Whereas, said Subdivider's Agreement imposed certain neighborhood open space obligations upon Outlots J and K within said subdivision; and Whereas, the final plat for said Peninsula Neighborhood, Fourth Addition was recorded in Book 56, Page 312, noting that Outlots J and K were to be dedicated to the City of Iowa City for open space; and Whereas, Outlot J is encumbered by a conservation easement, the agreement for which was executed contemporaneously with the Agreement and recorded therewith; and Whereas, the Developer and HOA now wish to own, develop, and maintain Outlots J and K in accordance with this Amendment No. 1, subject to the easements and use restrictions of record; and Whereas, the City finds this requested amendment is reasonable given the that the code requirements for the provision of public open space were satisfied with the planning of prior Peninsula additions. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that: The Amendment No. 1 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 Peninsula Neighborhood Association's expense. Passed and approved this 29th day of Ma 2018. /J MAYOR �11�`t'rft:7ig_. ATTEST:, l� ., CI .CLERK C ; o 11,1111— Approved by City Attorney's Office S-lel p— 26 Resolution No. 1 R_t 7n Page 2 It was moved by Mims and seconded by Botchway the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Botchway x Cole % Mims x Salih % Taylor % Thomas % Tbrogmorton 121G Prepared By: Sara Greenwood Hektoen, Asst. City Attorney, 410 E. Washington St., Iowa City, IA (319) 356-5030 AMENDMENT NO. 1 TO SUBDIVIDER'S AGREEMENT PENINSULA NEIGHBORHOOD, FOURTH ADDITION IOWA CITY, IOWA THIS Amendment No. 1 to the Subdivider's Agreement for Peninsula Neighborhood, Fourth Addition, is hereby made by and among Peninsula Development Company (hereinafter "Developer"), the Peninsula Neighborhood Association, Inc., (hereinafter "HOA"), and the City of Iowa City, Iowa, as a municipal corporation and regulatory authority (hereinafter "the City"), which expression shall include their respective successors in interest and assigns. WHEREAS, on May 1, 2012, the City did execute a Subdivider's Agreement for the Peninsula Neighborhood, Fourth Addition, and recorded the same in Book 4918, Page 594-616 (hereinafter "Agreement"); and WHEREAS, said Subdivider's Agreement imposed certain neighborhood open space obligations upon Outlots J and K within said subdivision; and WHEREAS, the final plat for said Peninsula Neighborhood, Fourth Addition was recorded in Book 56, Page 312, noting that Outlots J and K were to be dedicated to the City of Iowa City for open space; and WHEREAS, Outlot J is encumbered by a conservation easement, the agreement for which was executed contemporaneously with the Agreement and recorded therewith; and WHEREAS, the Developer and HOA now wish to own, develop, and maintain Outlots J and K in accordance with this Amendment No. 1, subject to the easements and use restrictions of record; and WHEREAS, the City finds this requested amendment is reasonable given the that the code requirements for the provision of public open space were satisfied with the planning of prior Peninsula additions. NOW, THEREFORE, the parties hereto agree as follows: 1. Section 11 of the Agreement is amended by deleting the section in its entirety and replacing it with the following: SECTION 11. NEIGHBORHOOD OPEN SPACE. The parties hereto acknowledge and agree that all obligations to dedicate $6 neighborhood open space and/or pay fees -in -lieu of dedication of neighborhood open space pursuant to the requirements of the City's Neighborhood Open Space Ordinance and the provisions of Section 15-4-2 of the Iowa City Code of Ordinances have been satisfied. Outlot J shall be owned and maintained by the HOA as private open space, subject to all terms of the Agreement not specifically amended herein, including, but not limited to, the use restrictions set forth in Sections 12, 14, 15A of the Agreement, as well as any easements of record. Outlot K shall be owned and maintained by the HOA as private open space and not for further development of any residential or commercial uses, and subject to any easements of record. 2. Any plat notes on the Peninsula Neighborhood, Fourth Addition Final Plat, recorded in Book 56, Page 312, indicating that Outlot K and J are to be dedicated to the City of Iowa City hereby deemed of no force or effect. 3. All other provisions of the Agreement not specifically amended herein shall remain in full force and effect. Dated this 29th day of May 12018 CITY OF IOWA CITY, IOWA PENINSULA NEIGHBORHOOD ASSOCIATION, INC. BY: BY: Jame A. Thro'gmorton, M yor Adam�ri s, President ATTEST: - /l Kellie K. Fruehltn , City Cl rk CO XT EA� CITY OF IOWA CITY ACKNOWLEDGEMENT STATE OF IOWA ) )ss: JOHNSON COUNTY ) This instrument acknowledged before me this All day of MWJ , 2018, by James A. Throgmorton and Kellie K. Fruehling, as Mayor and City Clerk, re ectively, of the City of Iowa City, Iowa. Cornmiis" i MY Coinini� * Nota Publio/ oin nd for the State of Iowa w _ Notary j Commission expires: --6 -5�6 PENINSULA NEIGHBORHOOD ASSOCIATION, INC. ACKNOWLEDGEMENT STATE OF IOWA ) )ss: TI; This instrument acknowledged before me this / 7 day of 2018, by Adam Pretorius, as President of the Peninsula Ne' hborhoo ssociation, I A JANE 05WEILER $ °t commission NurrAw 725939 N ryPublic in and for the State of Iowa My commission Expires Decembers 2018C mmission expires: �4/18 PENINSULA DEVELOPMENT COMPANY ACKNOWLEDGEMENT STATE OF IOWA ) )ss: JOHNSON COUNTY ) Th' S�instrument acknowledged 2018, by ick &IP 'Jam Development Company. me JANE 0 WEILER . F Commission Number 725839 My Commission Expires December 4 2018 before me this day of `f / (name) , as l'Y1� Cti (title) of ninsula Gee (Q,-� �NotatY Public in and for the St to of Iowa fission expires: l /8' 12� Doc ID: 027045570013 Type: GEN Kind: RESOLUTION Recorded: 06/01/2016 at 02:34:10 PM Fee Amt: $67.00 Pape 1 of 13 Johnson County Iowa Kim Painter County Recorder SK5791 PG531-543 STATE OF IOWA ) ) SS JOHNSON COUNTY ) 'od City of %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. 18-173 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 29th day of May 2018, all as the same appears of record in my office. Dated at Iowa City, Iowa, this :S I St day of May 2018. Kellie K. Fruehling City Clerk fires k aq .00 a 09aOP0 ' � Za �ESEA� CORQO� 410 EAST WASHINGTON STREET • IOWA CITY, IOWA 52240-1826 • (319) 356-5000 • FAX (319) 356-5009 P c I _^) 1� � - Prepared by: Sara Greenwood Hektoen, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240, 356-5030 Resolution No. 18-173 Resolution Accepting the Dedication of Outlot B, Cardinal Pointe South, Part One, Iowa City, Johnson County, Iowa, as Public Open Space. Whereas, upon final platting Cardinal Pointe South, Part One, the owner agreed to dedicate to the City Outlot B therein for public open space; and WHEREAS, pursuant to the subdivider's agreement entered into at that time, the City agreed to accept dedication of this outlot upon installation and acceptance of certain public improvements, erosion control and ground cover established thereon, and occupancy permits had been issued for 90% of the numbered lots; Whereas, in the course of developing Lot 1 with townhomes, the owner installed a retaining wall within Outlot B; and Whereas, because this retaining wall is necessary to the stability of the adjacent residential improvements, Staff finds it reasonable to accept ownership of the outlot subject to an easement allowing the wall to remain on the outlot and imposing maintenance and insurance requirements on the adjacent property owner; Whereas, Staff finds that the conditions precedent to accepting the outlot have otherwise been satisfied and recommends acceptance of this dedication, subject to a wall maintenance agreement. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that: Acceptance of the above -referenced parcels for public open space, subject to an easement agreement for the use and maintenance of a retaining wall thereon, in a form of conveyance and easement agreement approved by the City Attomey'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 dedication, including an easement agreement, and to record the same at The Crossing Development, L.C.'s expense. Passed and approved this 29th day of Kay 018. a M OR °�()VlA C/r Approved by ATTEST:__ CI CLERK City Attorney's Office -S—/2 3/7� LUVUKAI L �LAL Resolution No. 18-173 Page 2 It was moved by Mims and seconded by Botchway the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Botchway x Cole x Mims x Salih x Taylor x Thomas x Throgmorton Prepared by and return to I.D.: Erek P. Sittig, 123 N Linn St, Ste 300 Iowa City, IA 52244 319-354-0331 EASEMENT AND MAINTENANCE AGREEMENT WHEREAS, The Crossing Condominiums LLC ("Crossing Condominiums") is the record titleholder of the following described real estate ("Condominium Property"): and, Units 1 to 4, Building A; Units 1 to 4, Building B; Units 1 to 4, Building C; Units 1 to 6, Building D; and Units 1 to 4, Building E, The Crossing Condominiums, together with an undivided percentage interest in the lands and other common elements, both limited and general, appurtenant thereto, all as appears of record and on land described in the Declaration of Submission of Property to Horizontal Property Regime recorded December 19, 2013, in Book 5190, Page 808, and amendments thereto, if any, records of the Recorder of Johnson County, Iowa; WHEREAS, The Crossing Development LC ("Crossing Development") is the record titleholder of the following described real estate ("Outlot B"): Outlot B, Cardinal Pointe South, Part One, in accordance with the Final Plat recorded in Book 52, Page 278, and Amended Final Plat recorded in Book 53, Page 153, Plat Records of Johnson County, Iowa; and, WHEREAS, a retaining wall (the "Wall") constructed by Crossing Development to support the ground surrounding buildings on the Condominium Property, and to be maintained as a common element of the condominium regime by The Crossing Condominiums Owners Association ("the Association"), is constructed in a manner so that it lies partially upon Outlot B, as depicted upon the attached Easement Exhibit; and, WHEREAS, Outlot B is intended to be dedicated to the City of Iowa City ("The City") for public open space purposes; and, WHEREAS, Crossing Condominiums, Crossing Development, the Association, and the City desire to provide for the future maintenance of the Wall; CROSSING CONDOMINIUMS, CROSSING DEVELOPMENT, THE ASSOCIATION, AND THE CITY THEREFORE AGREE AS FOLLOWS: 1. Crossing Condominiums and the Association are hereby granted an easement for the purpose of maintaining and repairing the Wall over and upon that 20 foot wide area of Outlot B shown on the attached Easement Exhibit, incorporated herein, subject to the limitations and conditions set forth herein. 2. Should the Wall be damaged by any casualty, or require maintenance or repair for any reason, the Association, or its successor(s) in interest, shall perform and be liable for the cost of K M such maintenance. However, if maintenance or repair is required because of the sole negligence of Crossing Development, the City, or their respective successor(s) in interest, the cost of such maintenance or repair shall be the sole expense of the negligent party. 3. This easement shall not allow any party to enter upon the property of any other party, except to the extent reasonably necessary to inspect, maintain, and repair the Wall and easement area as described herein. No party shall alter the Wall, except upon written agreement of the Association and the City. 4. The Association shall be responsible for maintenance of the easement area and the wall in good and reasonable repair, which shall include, but not necessarily be limited to, mowing, weed and brush removal, reinforcement, replacement, grading, and protective landscaping to the satisfaction of the City Parks and Recreation Director, or designee. The City will generally be responsible for mowing, upkeep, and maintenance of Outlot B, except for those obligations imposed on Crossing Condominiums and the Association herein. 5. The Association 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 Wall, including any liability which the City may incur as a result of its decision to allow the on-going existence of said Wall on Outlot B. However, the Association shall not be held 3 imp responsible as to claims that that the City's actions were ultra vires. The Association 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. The Association agrees to maintain or cause to be maintained such insurance in force until the Wall is removed from Outlot B, 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. 6. If the parties cannot agree upon the nature or extent of their rights or obligations hereunder, or upon the interpretation of this Agreement, the parties agree that the District Court of Iowa in and for Johnson County shall be the exclusive forum to which matters of enforcement or interpretation of this Agreement are submitted. 7. This easement shall be binding upon the parties hereto, and the successors -in -interest, heirs, and assigns of each party; and shall run with the land until revoked by mutual agreement of the Association and the City, or their respective successors in interest. 8. This Agreement shall be recorded in the Johnson County Recorder's Office, at Crossing Development's expense. 9. The parties each affirmatively state that this Agreement has E. qY been approved according to their respective bylaws or as required by law. Changes to this Agreement shall be made in writing and executed by the Association after the affirmative vote of a majority of a quorum of its members, and by the City as required by law. Crossing Condominiums, Crossing Development, their respective successors and assigns, and owners of individual condominium units shall not be necessary parties to changes to this Agreement, except in their capacity as members of the Association. The Condominiums LLC The Cross' g Development LC Cross' By: erry—lqalVj ��VeV Manager By: Jerry w d 'lo e, Manager The Crossing Condominiums Owners Association City of Iowa City By: Chris Villhauer, Director By James Throgmo on, Mayor 5 At st: ! Kellie Fruehling, City Clerk Approved By: City Attorney -.572-3 Iia Z�f STATE OF IOWA ) )ss: JOHNSON COUNTY ) �f This instrument acknowledged before this me this 411 day of ��1u , 20 ) ? , by Jerry Waddilove, as Manager of The Crossirfig Condominiums LLC. EM-ARINM cooNs ComMWM Number768066 STATE OF IOWA ) )ss: JOHNSON COUNTY ) Noy Public in and for said State AQinstrument acknowledged before this me this 4 day of /,M�1 , 20 by Jerry Waddilove, as Manager of The Crossi g Development LC. res ENARINAN COONS a cmnuftlonNumber768M Notary Public in and for said State My c, )n, o STATE OF IOWA ) )ss: JOHNSON COUNTY ) This instrument acknowledged before this me this Did day of BVI" , 20I_, by Chris Villhauer, as Director of The Cros ng Condominiums Owners Association, who states that he is duly authorized to execute this agreement on behalf of the Association. wcs MARINAN COONSl�i/,,f�i2w l�o`uo a commssionNumber 76W66 Notary Public in and for said State PAyns�m �zb' kes G mo STATE OF IOWA ) )ss: JOHNSON COUNTY ) This instrument acknowledged before me this 0 day of ftg) , 20$_, by James Throgmorton and Kellie Fruehling, as the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa. A_ �� Notary y Public in a d for said State 0 s� CHRISTINE OLNEY 007 �Commission Number 806232 + My Commission Expiros 'D `V4 7 2u \ LENGTH=17.29' \ RADIUS=70.00' '\ DELTA= 14'09'08" S>13j3 \ TANGENT=8.69' !l�_�\p•p0.2f \ CHORD=S78'42'O6"E 17.25' O�'t / �V / / o c / CV �F T s/ / E -LY LINE OUTLOT 'B' \ POINT OF N>/3>32"w \ � \,`5BEGINNING/ $ LENGTH=35.67' ///� �0. L� t1A0 RADIUS=90.00' // \\S. o O� DELTA= 22'42'37" tpe \ TANGENT=18.07' SURVEY PREPARED FOR: CHORD=N 82'58'50"W 35.44' / THE CROSSING DEVELOPMENT LC/ / E'LY MOST CORNER \ O OWNER: /// OUTLOT 'B' -L THE CROSSING DEVELOPMENT LC SURVEYOR: // EXISTING o�Py 1AP� RYAN R.L EG L.S. /// EASEMENT UTILITY HALL &' HALL ENGINEERS INC. HIAWATHA, BOYSIO ROAD / 319-3 2— IOWA 52233 319-362-9548 LEGAL DESCRIPTION: PART OF OUTLOT 'B', AMENDED CARDINAL POINTE SOUTH PART ONE, IOWA CITY, IOWA AS RECORDED IN BOOK 53, PAGE 153 IN THE OFFICE OF THE JOHNSON COUNTY, IOWA RECORDER DESCRIBED AS FOLLOWS: COMMENCING AT THE EASTERLY MOST CORNER OF SAID OUTLOT 'B'; THENCE N30'57'37"W 18.07 FEET ALONG THE EASTERLY LINE OF SAID OUTLOT 'B' TO THE POINT OF BEGINNING; THENCE NORTHWESTERLY 35.67 FEET ALONG THE ARC OF A 90.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY (CHORD BEARS N82'58'50"W 35.44 FEET); THENCE N71'37'32"W 10.00 FEET; THENCE N18'22'28"E 20.00 FEET; THENCE S71'37'32"E 10.00 FEET; THENCE SOUTHEASTERLY 17.29 FEET ALONG THE ARC OF A 70.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY (CHORD BEARS S78'42'06"E 17.25 FEET TO SAID EASTERLY LINE; THENCE S30'57'37"E 23.24 FEET ALONG SAID EASTERLY LINE TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 731 SO.FT., 0.02 ACRES SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. SURVEY LEGEND FOUND SURVEY MONUMENT AS NOTED SURVEY WORK 0 5 10 15 20( ) RECORDED AS PERFORMED: -------------- GRAPHIC SCALE FEET --- EASEMENT LINE 5/16/18 _ SCALE: 1°=l100' EXISTING LOT LINE a Sheet Title: HALL & HALL ENGINEERS, INC. o' O i 6 N O ..<-o', -.- ....L.. �.... 9e m ` EASEMENT EXHIBIT 900 BOYSON ROAD, HIAWATHA IOWA 5=33 A 0' O Ir V PHONE: (31B) 392.8548 FA (318)392.7585 3 3 O 41 m PART OF OUTLOT'B', CARDINAL POINTE SOUTH PART ONE Crvn ENGINEERING ° UNOSCAPE ARCHITEcruaE Eo Z Q IOWA CITY, JOHNSON COUNTY, IOWA IAN. SURVEYING° LAND DEVELOPMENT PUNNING wwx.M1Nbry.cwn Designed by.RRR Drawn by.RRR CheCMed by. 3P S j�jTeo WARRANTY DEED (CORPORATEBUSINESS ENTITY GRANTOR) THE IOWA STATE BAR ASSOCIATION Official Forth No. 335 9`IsOCIA,�0 Recorder's Cover Sheet Preparer Information: (Name, address and phone number) Erek P. Sittig, 123 N. Linn St., Suite 300, Iowa City, IA 52245, (319) 354-0331 Taxpayer Information: (Name and complete address) The City of Iowa City, Iowa, 410 E. Washington St., Iowa City, IA 52240 Return Document To: (Name and complete address) Erek P. Sittig, 123 N. Linn St., Suite 300, Iowa City, IA 52245 Grantors: The Crossing Development LC Grantees: The City of Iowa City, Iowa Legal description: Document or instrument number of previously recorded documents: O The laza Stele ByA Union 3018 lowA ocsv Z, C P s9w7E,b WARRANTY DEED (CORPORATE/BUSINESS ENTITY GRANTOR) �aeaC1A'r For the consideration of One Dollar(s) and other valuable consideration, The Crossing Development LC a(n) limited liability company organized and existing under the laws of Iowa does hereby Convey to The City of Iowa City, Iowa the following described real estate in Johnson County, Iowa: Outlot B, Cardinal Pointe South, Part One, in accordance with the Final Plat recorded in Book 52, Page 278, and Amended Final Plat recorded in Book 53, Page 153, Plat Records of Johnson County, Iowa. This deed is exempt according to Iowa Code 428A.2(6). 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, accordingto the context. Dated on Moto 7- 3, 201 The Crossing De3wlovment LC , a(n) limited liability compan XBy 41"( By e a adilove, Manager STATE OF IOWA , COUNTY OF JOHNSON This record was acknowledged before me on "23m( ZC) by Jerry Waddilove as Manager of The Crossing Development LC E., MARINAN COONS 00mm�i�sn1iBon Number 766066 L/ I GIYJ o MPSII Io 7ENPIres Signature of Notary Public ® The Iowa State Bar Association 2018 Form No. 335, Warranty Deed - Corporation/Business Entity Grantor IowaDocs® Revised April 2016 Page 9 of 1f. IMMUaII1tAlI1B1111® 1110Yl 91 11 ID: 0270455Be0o2 Type: GEN Klnd: NARRANiY DEED DOC Recorded: 08/01/2018 at 02:36:44 PN Fee Amt: 617.00Page 1 of 2 Revenue Tax: 60.00 Johnson county Iowa Kiel Painter County Recorder BK5791 FG544-545 �P srwTF WARRANTY DEED ENTITY GRANTOR) 0 (CORPORATEBUSINESS THE IOWA STATE BAR ASSOCIATION 7s 2 Ofcid Forth No. 335 Recorder's Cover Sheet SOC[A'�O Freparer Information: (Name, address and phone number) Erek P. Sittig, 123 N. Linn St., Suite 300, Iowa City, IA 52245, (319) 354-0331 Taxpayer Information: (Name and complete address The City of Iowa City, Iowa, 410 E. Washington St., Iowa City, 1A 52240 Return Document To: (Name and complete address) Erek P. Sittig, 123 N. Linn St., Suite 300, Iowa City, IA 52245 Grantors: The Crossing Development LC Grantees: The City of Iowa City, Iowa Legal description: . Document or instrument number of previously recorded documents: 076, kw arta Or Aoodubn ]016 rowrtoorsm Book: 5791 Page: 544 Seq: 1 9-1 Page I of 1 $TAT* %,% WARRANTY DEED (CORPORATE/BUSINESS ENTITY GRANTOR) For the consideration of One valuable consideration, The Crossing Development LC a(n)_ limited liability company _ organi the laws of Iowa does hereby Convey to The 1 Dollar(s) and other and existing under the followJohnson County, described real estate in h', Iowa: Outlot B, Cardinal Pointe South, Part One, in accordance with the Final Plat recorded in Book 52, Page 278, and Amended Final Plat recorded in Book 53, Page 153, Plat Records of Johnson County, Iowa. This deed is exempt according to Iowa Code 428A2(6). 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, aocordin to the context. Dated on uM 2 The Crossin D to ment LC a(n) limited liability company By � By a 84ilove, Manager STATE OF IOWA COUNTY OF JOHNSON b Jerry Waddilove This record was acknowledged before me on Y as Nlalai er of The Crossing Develo Ment LC t�AARIWAN�i6eo6e �� � / t M�cO Signature of Notary Public �zo Iowa Book: 5791 Page: 544 Seq:2 ?-1 Doc ID: 027054340039 Type: GEN Kind: SUBDIVISION Recorded: 06/12/2018 at 10:53:51 AM Fee Amt: $197.00 Page 1 of 39 Johnson County Iowa Kim Painter County Recorder 13K5795 PG540-578 � ? i CITY OF IOWA CITY 410 East Washington Street Iowa City. Iowa 52240-1826 (3 19) 356-5000 STATE OF IOWA ) (319) 356-5009 FAX ) SS www.icgov.org 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. 18-169, which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 29th day of May, 2018, all as the same appears of record in my office. Also attached are the final legal documents for Forest Hill Estates, Iowa City, Iowa. Dated at Iowa City, Iowa, this % t 4day of 12018. Kellie K. Fruehling City Clerk fires su division ILI , d(172� Prepared by: Bob Mildo, Senior Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5240 (SUB18-00008) Resolution No. 18-169 Resolution Approving Final Plat Of Forest Hill Estates, Iowa City, Iowa. Whereas, the owner, Washington Park Partners, filed with the City Clerk the final plat of Forest Hill Estates, Iowa City, Iowa, Johnson County, Iowa; and Whereas, said subdivision is located on the following -described real estate in Iowa City, Johnson County, Iowa, to wit: A RESUBDIVISION OF AUDITOR'S PARCEL W AS RECORDED IN BOOK 32, PAGE 52, OF THE RECORDS OF THE JOHNSON COUNTY, IOWA RECORDER'S OFFICE; AUDITOR'S PARCEL 'B' AS RECORDED IN BOOK 32, PAGE 53, OF THE RECORDS OF THE JOHNSON COUNTY, IOWA RECORDER'S OFFICE; A PORTION OF THE NORTH HALF OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 3, TOWNSHIP 79 NORTH, RANGE 6 WEST, A TRIANGULAR PIECE LAYING IN THE NORTH HALF OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 3, TOWNSHIP 79 NORTH, RANGE 6 WEST, AND SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 34, TOWNSHIP 80 NORTH, RANGE 6 WEST, LYING SOUTH OF INTERSTATE 80, EXCEPT THAT LAND CONVEYED TO THE CITY OF IOWA CITY FOR FOSTER ROAD AS RECORDED IN BOOK 3058 PAGE 1 OF THE JOHNSON COUNTY, IOWA RECORDER'S OFFICE; THE PARCEL DESCRIBED IN TRUSTEE WARRANTY DEED RECORDED IN BOOK 5696, PAGE 474 OF THE RECORDS OF THE JOHNSON COUNTY, IOWA RECORDER'S OFFICE; PART OF SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 34, TOWNSHIP 80 NORTH, RANGE 6 WEST, LYING SOUTH OF INTERSTATE 80; PART OF SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER SECTION 34, TOWNSHIP 80 NORTH, RANGE 6 WEST, LYING SOUTH OF INTERSTATE 80; PART OF SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER SECTION 34, TOWNSHIP 80 NORTH, RANGE 6 WEST LYING SOUTH OF INTERSTATE 80; AND ALL OF THE PARCEL DESCRIBED IN WARRANTY DEED 4879-681 OF THE RECORDS OF THE JOHNSON COUNTY, IOWA RECORDER'S OFFICE; ALL LOCATED IN THE CITY OF IOWA CITY, JOHNSON COUNTY, IOWA. SAID PARCEL CONTAINS 50.15 ACRES, AND IS 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 (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. 2q Resolution No. 18-169 Page 2 2. The City accepts the dedication of the easements as provided by law. The City shall accept dedication of the outlot upon satisfaction of the terms and conditions stated in the Subdivider's Agreement. 3. The Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed, upon approval by the City Attorney, to execute all legal documents relating to said subdivision, and to certify a copy of this resolution, which shall be affixed to the final plat after passage and approval by law. The City Clerk shall record the legal documents and the plat at the office of the County Recorder of Johnson County, Iowa at the expense of the owner/subdivider. Passed and approved this 29th day of -- May 20 IR M or Approved by Attest: City Clerk City Attorney's Office It was moved by Mims adopted, and upon roll call there were: Ayes: X X X X X X and seconded by Botchway the Resolution be Nays: Absent: Botchway Cole Mims X Salih Taylor Thomas Throgmorton pcdAemplatestFinal Plat - Resoldon.dw.do 11 V SUBDIVIDER' S AGREEMENT FOREST HILL ESTATES, IOWA CITY, IOWA THIS AGREEMENT made by and between Foster Road Developers, LLC, hereinafter called "Owner" or "Subdivider," and the City of Iowa City, Iowa, a municipal corporation hereinafter called the "City." IT IS HEREBY AGREED AS FOLLOWS: Section 1. Public improvements. In consideration of the City approving the Plat of Forest Hill Estates, Iowa City, Iowa, hereinafter "the Subdivision," the Subdivider agrees as a covenant running with the land as follows: Subject to Section 5, the City shall not issue a Building Permit for any of the lots in the Subdivision unless and until water mains, sanitary sewers, storm sewers, concrete street paving from Prairie du Chien Road to the south boundary of the subdivision and within the right-of-way of Foster Road, and a 5 foot wide concrete sidewalk from the northwest corner of Lot 5 to Prairie du Chien, hereinafter "Improvements" , have been installed in the Subdivision as required by the City's Subdivision Ordinance, and until accepted by the City (though the City shall not accept any ownership or maintenance obligations related to the sidewalk), and subdivision erosion control measures have been installed as required by the City under its ordinances. Nothing in this Agreement shall be construed to impose a requirement on the City to install the original improvements at issue herein. Nor shall the Owner and the Subdivider be deemed acting at the City's agent during the original construction and installation of said improvements. The parties agree that the obligation to install the improvements herein shall be in accordance with City specifications or approved plans, and the obligation to install said improvements shall remain with the Owner and the Subdivider until completion by the Subdivider, and until acceptance of the improvements by the City, as provided by law. Section 2. Construction of Improvements. All Improvements described in Section 1 of this Agreement shall be constructed and installed by the Owner and the Subdivider according to plans and specifications approved by the City Engineer of the City of Iowa City, who shall have the right to make occasional inspection of the work in progress. Such inspections shall not relieve or release the Subdivider from its responsibility to construct said Improvements 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. E Section 3. Storm Water Management. At the time each lot is developed, a storm water management facility shall be installed to serve the lot. The Owner and Subdivider, or their successor(s) and assign(s), shall install and maintain the Storm Water Management Facility ("Facility") in accordance with the City's Storm Water Management Ordinance, Title 16, Chapter 3, Article G, as amended. The City shall not issue a Certificate of Occupancy for any of the lots in the Subdivision unless and until the Facility has been installed. Section 4. Sidewalks. The Owner and the Subdivider, or their successor (s) shall install an 8 foot wide concrete sidewalk adjacent to Lots 1 through 4, inclusive, on the north side of Foster Road, and at least a 5 foot wide concrete sidewalk on the south side of Foster Road, abutting Lot 5 in the Subdivision. Said sidewalks shall be constructed according to plans and specifications approved by the City Engineer and as per Sections 16-1C-1, 2, 3 of the Iowa City Code of Ordinances. Except as provided herein, sidewalks shall be installed when each such lot is developed, prior to the issuance of an occupancy permit for the dwelling on the Lot, 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. Building Permits and Escrow Monies. In the event the Owner and the Subdivider, its assigns or successors in interest should desire a building permit on any lot in the Subdivision before the Improvements have been installed, the Owner and the Subdivider, its assigns or successors in interest, shall deposit with the City Finance Department, in escrow, an amount equal to 110% of the estimated cost of said Improvements as determined by the City Engineer (hereinafter "Improvements Escrow"). In order to obtain a building permit for Lot 3, in lieu of establishing an Improvements Escrow, the Subdivider, its assigns or successors in interest, may procure a Standby Letter of Credit (hereinafter "Letter) in favor of the City to serve as security for the installation of the improvements. In order to the City is adequately protected provider of the Letter and the form and substance of the Letter shall be subject to the approval of City Finance Director and City Attorney. Said Letter shall remain in effect until the City Engineer certifies in writing that the Improvements covered by the Letter have been completed in a satisfactory manner, or the Letter of Credit is replaced by deposit of an escrow, as set forth in paragraph 1. In the event the Improvements have not been installed within one year of approval of the Subdivision, the City may use the Letter to complete the Improvements. If the cost of the construction of the Improvements exceeds the amount of the Letter, the City shall have a lien and charge against all lots in the Subdivision for the balance of the cost. After completion of the Improvements, if the amount of the Letter exceeds the cost of construction and installation of the Improvements, the City shall refund to the H. Subdivider any amount not used by the City. A building permit for any lot in the subdivision other than Lot 3 shall require an escrow deposit as set forth in paragraph 1. In addition to the Improvements Escrow, if Subdivision Erosion Control measures have not been installed, with ground cover established by growth, the City may require, as a condition to the issuance of the first building permit for construction within the Subdivision, that the Owner and the Subdivider deposit in escrow with the City the sum of $2,000.00 (the "Erosion Clean—Up Escrow") to assure reimbursement for the cost of cleaning public streets, storm sewers, gutters or catch basins, which may be incurred by the City as a result of erosion from any lot in the Subdivision. The Owner and the Subdivider shall be responsible for the cost of any such clean-up and to the extent that the Subdivider fails to accomplish erosion clean-up after reasonable notice from the City, the City is hereby authorized, but not obligated, to do the work and to charge the cost thereof to the Erosion Clean -Up Escrow, if adequate, and to charge any excess costs to the Owner and the Subdivider, If the Erosion Clean -Up Escrow is insufficient to pay the costs incurred by the City, the Owner and the Subdivider shall promptly reimburse the City for the excess costs incurred. The unused balance of the Erosion Clean—Up escrow shall be returned to the Owner and the Subdivider after erosion control measures have been installed, and ground cover has been established by growth. After the Erosion Clean -Up and Improvements Escrows have been established, the building inspector of the City is authorized to issue a building permit if the applicant is in compliance with all other applicable requirements and ordinances of the City. Section 6. Occupancy Permit. Prior to the issuance of an occupancy permit for any structure erected pursuant to Section 5, the City in its discretion may require the Owner and the Subdivider, its assigns or successors in interest, to construct and install the Improvements and sidewalks as required by this Agreement. Section 7. Use of Escrow Monies. If, after the issuance of an occupancy permit, the Improvements have not been constructed and installed, the City may use funds deposited in the Improvements Escrow to construct and install such Improvements. If the cost of the construction and installation of said Improvements exceeds the amount of said escrow, the City shall have a lien and charge against all the lots in the Subdivision for the balance of the cost. After the construction and installation of the Improvements, the City shall refund to the Owner and the Subdivider any Improvements Escrow monies not used by the City for the construction and installation of such improvements. M Section 8. Waiver. If the Owner and the Subdivider sell or convey lots in said Subdivision without constructing or installing the Improvements; or the Owner and the Subdivider fail to install and/or repair sidewalks required in Section 4 hereof, the City shall have the right to install and construct said Improvements and/or repair sidewalks . Owner and Subdivider acknowledge and agree that all lots in the Subdivision are specifically benefitted by the Improvements so that the cost of the installation shall be a lien and charge against all of the lots in the Subdivision. The cost of Improvements need not meet the requirements of notice, benefit or value as provided by the law of the State of Iowa for assessing such improvements. The cost of installing/ repairing the sidewalks shall be a lien and charge only against the lot or lots abutting or in front of which such sidewalks are to be installed. It is further provided that these requirements to construct the Improvements and install and/or repair sidewalks shall remain a lien against the lots in the Subdivision from the date of this Agreement until properly released, as hereinafter provided. Section 9. Release. The City agrees that when the Improvements have been installed as required to the satisfaction of the City, the City will, upon request, promptly issue to the Owner and the Subdivider, for recording in the Office of the Johnson County Recorder, a good and sufficient release for the lots in the Subdivision so that this Agreement will not constitute a cloud upon the title of the lots in the Subdivision. Separate sidewalk lien releases shall be issued for individual lots when appropriate. The Mayor and City Clerk, with the concurrence of the City Attorney and City Engineer, are hereby authorized to execute the releases contemplated by this section. This section also authorizes the execution of one or more Limited Release Agreements, based on the use of escrows for improvements as contemplated in Section 5 above, as may be acceptable to the City. Section 10. Street Maintenance and Public Services. Owner and Subdivider agree that public services, including but not limited to street maintenance, traffic control, snow removal, and solid waste collection, will not be extended to the Subdivision until the concrete streets are installed and accepted by the City. Section 11. Miscellaneous. A. All electrical, telephone and cable television service and distribution lines shall be installed underground. B. Outlot A is private open space subject to a Conservation Easement, and it shall be owned and maintained by Owner until ownership and maintenance obligations have been transferred to an Owner's Association. C. Plat notes and surveyor's notes on plats serve to provide notice of how a subdivision is expected to develop. Said notes are not intended to create any vested private interest in any stated use restriction or covenant, or create any third party beneficiaries to any noted use restriction or covenant. The City reserves the right, in its sole discretion, subject to any applicable public notice and approval process required by law, to alter or amend any plat note, or to sell or vacate any right-of—way, street, alley, park, easement, open area or other land set apart and dedicated for public use within the plat, The City further reserves the right, upon request of the owner or successor in interest, to vacate the plat and/or relocate any easement, alter lot boundaries or allow said land to be replatted subject to any applicable public notice and approval process required by law. D. The City shall not issue a building permit for any lot in the Subdivision until such time as the Owner and Subdivider have paid to the City a water main extension fee in the amount of $21,815.25 ($435.00 per acre multiplied by 50.15 acres) pursuant to the City Code. E. Subdivider also agrees to pay the City $33,260.00 in lieu of dedicating 1.39 acres for neighborhood open space pursuant to the provisions of Section 14-5K-6 of the Iowa City Code of Ordinances, which fee shall be paid prior to the issuance of building permits for lots within the Subdivision . This fee shall be deposited and administrated according to Section 14-5K-6 of the Iowa City Code of Ordinances. F. Subdivider acknowledges that the subject property shall be developed in conformance with the approved sensitive areas development plan agreement approved pursuant to Ordinance 17-4740 for said property, as set forth in the conditional zoning agreement, which has been recorded in Book 5763, Page 541-563, in the records of the Johnson County, Iowa Recorder' s Office . Section 12. Binding Effect. This agreement shall inure to the benefit and bind the successors and assigns of the respective parties hereto and shall be construed as a covenant running with the title to the lots within the Subdivision. IN WITNESS WHEREOF, the parties have executed this Subdivider's Agreement on the oZ�Z.day ofU 2018. FOSTER ROAD DEVELOPERS, LLC By: A" Ja s P. Glasgow, Member ager M CITY OF IOWA CITY, IOWA ATTEST By -.Vim Throgmorton, kayor Kel ie Fruehling, Cit< Jerk STATE OF IOWA, COUNTY OF JOHNSON, SS: This instrument was acknowledged before me on this42 day of 2018, by James P. Glasgow as Member/Manager of Foster Road Developers, LLCqlnd Iowa limited liability company. �Vrw 838 JACQUELINE A COYNE .` commission Number 760Pj�,l l� liC • V * * My Commission Expres /Ncitary Public in and for said State nn January 9. 2020 STATE OF IOWA, COUNTY OF JOHNSON, SS: This instrument was acknowledged before me on this OqCf�h day of I K.�� \-/ , 2018, by Jim Throgmorton and Kellie Fruehling, and Mayor and City Clerk, respecti ely, of the City of Iowa City, Iowa. o� CHRISTINE OLN • • • � c07""�'w^ Nmhe�� p Notary Public in and for d State wA • MY Canm 2/q CERTIFICATE OF COUNTY TREASURER FOREST HILL ESTATES, IOWA CITY, IOWA I, the undersigned, Treasurer of Johnson County, Iowa, or deputy thereof, hereby certify that the following described property, also known as Forest Hill Estates, Iowa City, Iowa, is free from taxes or special assessments in the office of the Treasurer of Johnson County, Iowa: A RESUBDIVISION OF AUDITOR'S PARCEL W AS RECORDED IN BOOK 32, PAGE 52, OF THE RECORDS OF THE JOHNSON COUNTY, IOWA RECORDER'S OFFICE; AUDITOR'S PARCEL'B' AS RECORDED IN BOOK 32, PAGE 53, OF THE RECORDS OF THE JOHNSON COUNTY, IOWA RECORDER'S OFFICE; A PORTION OF THE NORTH HALF OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 3, TOWNSHIP 79 NORTH, RANGE 6 WEST, A TRIANGULAR PIECE LAYING IN THE NORTH HALF OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 3, TOWNSHIP 79 NORTH, RANGE 6 WEST, AND SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 34, TOWNSHIP 80 NORTH, RANGE 6 WEST, LYING SOUTH OF INTERSTATE 80, EXCEPT THAT LAND CONVEYED TO THE CITY OF IOWA CITY FOR FOSTER ROAD AS RECORDED IN BOOK 3058 PAGE 1 OF THE JOHNSON COUNTY, IOWA RECORDER'S OFFICE; THE PARCEL DESCRIBED IN TRUSTEE WARRANTY DEED RECORDED IN BOOK 5696, PAGE 474 OF THE RECORDS OF THE JOHNSON COUNTY, IOWA RECORDER'S OFFICE; PART OF SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 34, TOWNSHIP 80 NORTH, RANGE 6 WEST, LYING SOUTH OF INTERSTATE 80; PART OF SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER SECTION 34, TOWNSHIP 80 NORTH, RANGE 6 WEST, LYING SOUTH OF INTERSTATE 80; PART OF SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER SECTION 34, TOWNSHIP 80 NORTH, RANGE 6 WEST LYING SOUTH OF INTERSTATE 80; AND ALL OF THE PARCEL DESCRIBED IN WARRANTY DEED 4879-681 OF THE RECORDS OF THE JOHNSON COUNTY, IOWA RECORDER'S OFFICE; ALL LOCATED IN THE CITY OF IOWA CITY, JOHNSON COUNTY, IOWA. SAID PARCEL CONTAINS 50.15 ACRES, AND IS SUBJECTTO EASEMENTS AND RESTRICTIONS OF RECORD. Dated at Iowa City, Iowa, this 5V14 - day of , 2018. 61, . Thomas Kriz Treasurer of Johnson County, Iowa Parcel Nos: 0734454002 0734484003 0734380001 0734454001 SEAL 0734484001 1003103016 1003126003 liq CERTIFICATE OF COUNTY AUDITOR FOREST HILL ESTATES, IOWA CITY, IOWA I, Travis Weipert, the Johnson County Auditor, hereby approve of "Forest Hill Estates, Iowa City, Iowa" as a succinct and unique name for the subdivision containing the following described real estate located in Johnson County, Iowa: A RESUBDIVISION OF AUDITOR'S PARCEL'A' AS RECORDED IN BOOK 32, PAGE 52, OF THE RECORDS OF THE JOHNSON COUNTY, IOWA RECORDER'S OFFICE; AUDITOR'S PARCEL'B' AS RECORDED IN BOOK 32, PAGE 53, OF THE RECORDS OF THE JOHNSON COUNTY, IOWA RECORDER'S OFFICE; A PORTION OF THE NORTH HALF OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 3, TOWNSHIP 79 NORTH, RANGE 6 WEST, ATRIANGULAR PIECE LAYING IN THE NORTH HALF OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 3, TOWNSHIP 79 NORTH, RANGE 6 WEST, AND SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 34, TOWNSHIP 80 NORTH, RANGE 6 WEST, LYING SOUTH OF INTERSTATE 80, EXCEPT THAT LAND CONVEYED TO THE CITY OF IOWA CITY FOR FOSTER ROAD AS RECORDED IN BOOK 3058 PAGE 1 OF THE JOHNSON COUNTY, IOWA RECORDER'S OFFICE; THE PARCEL DESCRIBED IN TRUSTEE WARRANTY DEED RECORDED IN BOOK 5696, PAGE 474 OF THE RECORDS OF THE JOHNSON COUNTY, IOWA RECORDER'S OFFICE; PART OF SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 34, TOWNSHIP 80 NORTH, RANGE 6 WEST, LYING SOUTH OF INTERSTATE 80; PART OF SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER SECTION 34, TOWNSHIP 80 NORTH, RANGE 6 WEST, LYING SOUTH OF INTERSTATE 80; PART OF SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER SECTION 34, TOWNSHIP 80 NORTH, RANGE 6 WEST LYING SOUTH OF INTERSTATE 80; AND ALL OF THE PARCEL DESCRIBED IN WARRANTY DEED 4879-681 OF THE RECORDS OF THE JOHNSON COUNTY, IOWA RECORDER'S OFFICE; ALL LOCATED IN THE CITY OF IOWA CITY, JOHNSON COUNTY, IOWA. SAID PARCEL CONTAINS 50.15 ACRES, AND IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. Date: ly 2018. Johnson County Auditor pe kn y 141 Prepared by: James D. Hougbton, Anderson & Houghton, L.L.P., 568 Highway 1 West, Iowa City, IA 52240; Telephone: (319) 351-8600; Email: jim@iclaw.net UNDERGROUND UTILITY EASEMENT FOREST HILL ESTATES, IOWA CITY, IOWA In consideration of the approval of the Final Plat of Forest Hill Estates, Iowa City, Iowa (the "Subdivision"), the undersigned owner ("Grantor") hereby grants to the City of Iowa City, Iowa, MidAmerican Energy Co., Centurylink, Inc. and Mediacom, and their successors (hereinafter collectively "Grantees"), a perpetual easement upon, over, under, along and across the areas designated on the Final Plat of Forest Hill Estates, Iowa City, Iowa, as "Utility Easement" as located within the Subdivision. The Grantees of this easement shall have the right to install, lay, construct, reconstruct, renew, operate, maintain and remove conduits, cables, pipes, electric lines below the surface of the ground, and other equipment or appurtenances above the surface of the ground as may be necessary for the purpose of serving the Subdivision and other property with electricity, gas, and communication services; 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. Grantees shall indemnify Grantors against any unreasonable loss or damage which may occur in the negligent exercise of the easement rights granted herein. Grantor, its successors in interest and assigns, reserves the right to use said easement areas for purposes which will not interfere with the Grantees' full enjoyment of rights hereby granted; provided that Grantor shall not erect or construct any reservoir, retaining wall or other obstruction on said areas, or diminish or substantially add to the ground cover over said easement areas. No permanent dwellings or trees shall be placed on the areas so designated for utility easement but, with advance written authorization from the Grantees' representatives, the same may be used for gardens, shrubs, minor landscaping and other purposes that do not then or later interfere with the aforesaid uses or the rights herein granted. Grantees' rights, however, include M the right to remove and/or clear away any such gardens, shrubs, minor landscaping, bushes and plantings within the easement area without compensation to Grantor or its successors in interest. Dated this& �ay of 12018. FOSTER ROAD DEVELOPERS, LLC By: F- ames P. Glasgow, Member/Manager STATE OF IOWA ) ) ss: COUNTY OF JOHNSON ) This instrument was acknowledged before me on thisP? t -day of MaO 2018, by James P. Glasgow as Member/Manager of Foster Road Developers, LLC,0and Iowa limited liability company. Oyu JACQUELINE ACOYNE/`+ '^ Commission NumbiExp 098 in and for said State * * My Commission Expires )try%blic January 9, 2020 N Prepared by and Return to: James D. Houghton, Anderson & Houghton, L.L.P., 568 Highway 1 West, Iowa City, IA 52240; Telephone: (319) 351-8600; Email: jim@iclaw.net SANITARY SEWER EASEMENT AGREEMENT FOREST HILL ESTATES, IOWA CITY, IOWA THIS AGREEMENT made by and between Foster Road Developers, LLC, hereinafter called "Subdivider," and the City of Iowa City, Iowa, a municipal corporation, hereinafter called the "City." WITNESSETH: It is hereby agreed as follows: For the sum of $1.00 plus other valuable consideration, the receipt of which is hereby acknowledged, Subdivider hereby grants and conveys to the City an easement for the purposes of excavating for and the installation, replacement, maintenance and use of such sewage lines, pipes, mains, and conduits as the City shall from time to time elect for conveying sewage, with all necessary appliances and fittings, for the use in connection with said pipe lines, together with adequate protection therefor, and also a right of way, with the right of ingress and egress thereto, over and across the areas designated as "SANITARY SEWER EASEMENT," as designated on the Final Plat of Forest Hill Estates, Iowa City, Iowa, hereafter described as "Easement Areas." Subdivider further grants to the City: 1. The right of grading said Easement Areas for the full width thereof, and to extend the cuts and fills for such grading into and onto said lands along and outside of the said Easement Areas to such extent as the City may find reasonably necessary. 2. The right from time to time to trim, cut down and clear away any and all trees and brush on said Easement Areas and also to trim, cut down and clear away any trees on either side of said Easement Areas which now or hereafter in the opinion of the City may be a hazard to said easement areas, or which may interfere with the exercise of the City's rights hereunder in any manner. E 3. The right to enter land beyond the Easement Areas to conduct emergency repairs that may extend beyond the Easement Areas without obtaining a separate temporary easement. The City's right to do such work shall be effective only upon City's prior notice to Subdivider and with minimal disruption of the area. The City shall promptly backfill any trench made by it, and repair any damages caused by the City within the Easement Areas. The City shall indemnify Subdivider against unreasonable loss or damage which may occur in the negligent exercise of the easement rights by the City. Except as expressly provided herein, the City shall have no responsibility for maintaining the Easement Areas. Subdivider reserves the right to use said Easement Areas for purposes which will not interfere with the City's full enjoyment of the rights hereby granted; provided that the Subdivider shall not erect or construct any building, fence, retaining wall, or other structure, plant any trees, drill or operate any well, or construct any reservoir or other obstruction on said areas, or diminish or substantially add to the ground cover over said Easement Areas. Any improvements placed in the Easement Areas, with or without City approval, may be removed by the City without compensation or replacement. Subdivider does hereby covenant with the City that it is lawfully seized and possessed of the real estate above described, and that it has a good and lawful right to convey it, or any thereof. Nothing in this Agreement shall be construed to impose a requirement on the City to install the original public improvement at issue herein. Nor shall Subdivider be deemed acting as the City's agent during the original construction and installation of said improvement. Parties agree that the obligation to install the public improvement(s) herein shall be in accordance with City specifications, and the obligation shall remain on Subdivider until completion and until acceptance by the City, as by law provided. The provisions hereof shall inure to the benefit of and bind the successors and assigns of the respective Parties hereto, and all covenants shall apply to and run with the land and with the title to the land. Dated thi�day of 1Aa!1 12018. SUBDIVIDER: FOSTER ROAD DEVELOPERS, LLC, By: A. -, V' —z t4s P. Glasgow, Member/Ma ager tiq STATE OF IOWA ) ) ss: COUNTY OF JOHNSON ) This instrument was acknowledged before me on thiso -�day of Men 2018, by James P. Glasgow as Member/Manager of Foster Road Developers, LLO, and Iowa limited liability company. JACQUELINE A COYNE *� * Commission Number 750838 /M1 My Commission Expires January 9, 2020 CITY OF IOWA CITY, IOWA B .Jim Throgmorton, Mayor STATE OF IOWA ) ) ss: COUNTY OF JOHNSON ) t/� ti�P VC of ry Pu is in and for said State ATTEST 41e�- �� - 'I- Kellfe Fruehling, Cy y Clerk This instrument was acknowledged before me on this day of , 2018, by Jim Throgmorton and Kellie Fruehling, and Mayor and City Clerk, respecti ely, of the City of Iowa City, Iowa. CHRISTINE OLNEY a Commission Number soszsz otary Public in and fwfdaid State " • . My Commission Expires 4q Prepared by and Return to: James D. Houghton, Anderson & Houghton, L.L.P., 568 Highway 1 West, Iowa City, IA 52240; Telephone: (319) 351-8600; Email: jim@iclaw.net STORM SEWER EASEMENT AGREEMENT FOREST HILL ESTATES, IOWA CITY, IOWA THIS AGREEMENT made by and between Foster Road Developers, LLC, hereinafter called "Owner and Subdivider," and the City of Iowa City, Iowa, a municipal corporation, hereinafter called the "City." WITNESSETH: It is hereby agreed as follows: For the sum of $1.00 plus other valuable consideration, the receipt of which is hereby acknowledged, Owner and Subdivider hereby grant and convey 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, swales, ditches and channels as the City shall from time to time elect for conveying storm water, with all necessary appliances and fittings, for the use in connection with said pipe lines, together with adequate protection therefore, and also a right of way, with right of ingress and egress thereto, over and across the areas designated as "STORM SEWER EASEMENT," as shown on the Final Plat of Forest Hill Estates, Iowa City, Iowa, hereafter described as "Easement Areas." Subdivider further grants to the City: 1. The right of grading said Easement Areas for the full width thereof, and to extend the cuts and fills for such grading into and onto said lands along and outside of the said Easement Areas to such extent as the City may find reasonably necessary. 2. The right from time to time to trim, cut down and clear away any and all trees and brush on said Easement Areas and also to trim, cut down and clear away any trees on either side of said Easement Areas which now or hereafter in the opinion of the City may be a hazard to said easement areas, or which may interfere with the exercise of the City's rights hereunder in any manner. //q 3. The right to enter land beyond the Easement Areas to conduct emergency repairs that may extend beyond the Easement Areas without obtaining a separate temporary easement. The City's right to do such work shall be effective only upon City's prior notice to Subdivider and with minimal disruption of the area. The City shall promptly backfill any trench made by it, and repair any damages caused by the City within the Easement Areas. The City shall indemnify Owner and Subdivider against unreasonable loss or damage which may occur in the negligent exercise of the easement rights by the City. Except as expressly provided herein, the City shall have no responsibility for maintaining the Easement Areas. Owner and Subdivider reserve the right to use said Easement Areas for purposes which will not interfere with the City's full enjoyment of the rights hereby granted; provided that the Owner and 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 improvements placed in the Easement Areas, with or without City approval, may be removed by the City without compensation or replacement. Owner and Subdivider do hereby covenant with the City that it is lawfully seized and possessed of the real estate above described, and that they have a good and lawful right to convey it, or any part thereof. Nothing in this Agreement shall be construed to impose a requirement on the City to install the original public improvement(s) at issue herein. Nor shall Subdivider be deemed acting as the City's agent during the original construction and installation of said improvement. Parties agree that the obligation to install the public improvement(s) herein shall be in accordance with City specifications, and the obligation shall remain on Owner and Subdivider until completion by Owner and Subdivider, and until acceptance by the City, as provided by law. The provisions hereof shall inure to the benefit of and bind the successors and assigns of the respective Parties hereto, and all covenants shall apply to and run with the land and with the title to the land. Dated thiAI#Zay of IVIS( 12018. OWNER AND SUBDIVIDER: FOSTER ROAD DEVELOPERS, LLC, By: '. (?� s� e P. Glasgow, Member/M ger II STATE OF IOWA ) ) ss: COUNTY OF JOHNSON ) This instrument was acknowledged before me on thisgi�day of 2018, by James P. Glasgow as Member/Manager of Foster Road Developers, LL and Iowa limited liability company. JACQUELINE A COYNE`� Cm omission Number 7 Cc My commission Expk No ary P blic in and for said State January 9, 2020 CITY OF IOWA CITY, IOWA ATTEST B .Jim Throgmorto> , Mayor Kell>e Fruehling, CityA Jerk STATE OF IOWA ) ) ss: COUNTY OF JOHNSON ) This instrument was acknowledged before me on this day of 2018, by Jim Throgmorton and Kellie Fruehling, and Mayor and City Clerk, respect' ely, of the City of Iowa City, Iowa. CHRISTINE OLNEY1"�64�7 Aga� Commission Number 808232 ',owA ` c0/"m Exp res otary Public in and tVaid State .e1 Prepared by and Return to: James D. Houghton, Anderson & Houghton, L.L.P., 568 Highway 1 West, Iowa City, IA 52240; Telephone: (319) 351-8600; Email: jim@iclaw.net CONSERVATION EASEMENT FOREST HILL ESTATES, IOWA CITY, IOWA THIS AGREEMENT, made and entered into by and between Foster Road Developers, LLC, an Iowa limited liability company (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. WHEREAS, Subdivider is the owner of certain property within the Forest Hill Estates subdivision containing sensitive areas, as defined by the Iowa City Code of Ordinances, including woodlands, a stream corridor, wetlands, and hydric soils; and WHEREAS, a Sensitive Areas Development Plan ("Plan") for said property was approved by the City on March 6, 2018, pursuant to Resolution 18-4740, which Plan was recorded at Book 5763, Page 541-563, in the records of the Johnson County Recorder's office; and WHEREAS, in accordance with the Plan, and the Iowa City Sensitive Areas Ordinance, Subdivider must establish a conservation easement area over certain property within the subdivision to mitigate the impact of development on the sensitive features; and 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 City a conservation easement for the purpose of protecting certain environmentally sensitive areas in accordance with the Iowa City Sensitive Areas Ordinance, the approved Plan and the Subdivider's Agreement from being disturbed or constructed upon, over and across the areas designated as "Conservation Easement" as shown on the Final Plat of Forest Hill Estates, Iowa City, Iowa, hereinafter described as "easement area." C. 1. Grant of Easement and Rights of the City. To accomplish the purposes of this easement, the following rights are granted and conveyed to the City, which shall include the right to enter upon and perform any work reasonably necessary to effectuate these rights: (a) To preserve, protect, and maintain the easement area consistent with this Agreement. (b) To enter upon the easement area at reasonable times in order to monitor compliance with the terms of this easement agreement (c) To prevent any activity on or use of the easement area that is inconsistent activity or use pursuant to this agreement. 2. Permitted Uses of the Easement Areas. Subdivider reserves to itself, its representatives, heirs, successors, and assigns, all rights accruing from its ownership of the easement area, including the right to engage in or permit or invite others to engage in all uses of the easement area that are not expressly prohibited herein and that are not inconsistent with the purposes of this easement. Without limiting the generality of the foregoing, the following rights are hereby expressly reserved; (a) Hiking; (b) Bird -watching and wildlife observation; (c) Removal of invasive trees and shrubs for species control; In the event that Subdivider desires to undertake activities not specifically permitted by the foregoing subparagraphs (a) -(c), and not specifically prohibited by the provisions of Paragraph 3 below, Subdivider shall notify the City in writing not less than thirty (30) days prior to the date Subdivider intends to undertake such activity. The notice shall describe the nature, scope, design, location, timetable, and any other material aspect of the proposed activity in sufficient detail to permit the City to make an informed judgment as to its consistency with the purposes of this easement. 3. Prohibited Uses of the Property. Any activity on or use of the easement area inconsistent with the purposes of this easement is prohibited. It shall be the responsibility of the Subdivider and/or a homeowners' association to enforce this Paragraph 3. Without limiting the generality of the foregoing, the following activities and uses are expressly prohibited: (a) Construction or erection of any building, shed, or structure; (b) Dumping of ashes, trash, rubbish, garbage, or any other materials; (c) Placing billboards, outdoor advertising structures, or advertisement of any kind on the easement area, excepting signs of a reasonable size intended for the protection of the easement area or the identification of a boundary of the easement area; 0 (d) Any exploitation of mineral resources, by either subsurface or surface means; (e) Agricultural practices, including but not limited to, grazing, cultivating, tilling, plowing, or hay cutting; (f) Use of pesticides or herbicides, except for the eradication of species detrimental to the natural beauty and ecological integrity of the easement area as approved in advance by the City; (g) Use of motorized vehicles of any type, except as may be necessary for maintenance of the easement area consistent with the purposes of this easement and that will not result in significant damage as determined by City to soils, critical wildlife habitats, wetlands, woodlands, flood plains, floodways, and archeological sites; (h) Introduction of non-native plant species, except as may be necessary, with the prior approval of the City, for erosion control purposes; (i) Removal of natural materials except as specifically permitted under Paragraph 2(c) hereof. Control of plan diseases is allowed including the removal of diseased plants with prior approval by the City. Any plant removal for disease control purposes shall be in accordance with good preservation practices and further the intent of this easement; (j) Alteration of the topography of the easement area or its drainage systems, except with prior approval of the City, for purposes of erosion control, drainage tile repair, sanitary sewer repair, enhancement of wetland values, public safety considerations, or for purposes protective of the natural integrity of the easement area; (k) Installation of utility structures or lines, except with the prior approval of City. 4. In the event that Subdivider or its successors in interest fail to maintain the property in accordance with this Agreement, the City is hereby authorized but not obligated to do the work and to charge the cost thereof to the Subdivider or its successors in interest. Subdivider acknowledges and agrees that all lots in the subdivision are specifically benefitted by the preservation and maintenance of these conservation easement areas, so the cost of maintaining the easement area and enforcing the terms of this Agreement shall be borne by all lots within the subdivision. 5. Subdivider does hereby covenant with the City that it is lawfully seized and possessed of the real estate above described, and Subdivider has good and lawful right to convey it, or any part thereof. 6. Nothing in this Agreement shall be construed to impose an obligation on the City to exercise any of its rights under this Agreement, or perform any maintenance or monitoring of the easement area, which obligation shall remain on the Subdivider or its successors in interest. M. 7. The provisions hereof shall inure to the benefit of and bind the successors and assigns of the respective Parties hereto, and all covenants shall apply to and run with the land and with the title to the land. DATED this g r -- day of 2018. FOSTER ROAD DEVELOPERS, LLC By:,vee! V Ca es P. Glasgow, Memb&Manager CITY OF IOWA CITY, IOWA By: tm Throgmorton, Nfayor By: )7. Kellie Fruehling, Ci Clerk STATE OF IOWA, COUNTY OF JOHNSON, SS This instrument was acknowledged before me this gR/ day of A 2018, by James P. Glasgow as Member/Manager of Foster Road Developers, LLC JACQUELINE A COY NE 5 -P, r- c *� * commission Number 750838 of ry Pu is in and for the State of 1bwa My Commission Expires January 9, 2020 STATE OF IOWA, COUNTY OF JOHNSON, SS: On this anayof 2018, before me, the undersigned, a Notary Public in and for said County and State, personally peared Jim Throgmorton and Kellie Freuhling, to me personally known, who being by me duly swom, id say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa, a municipal corporation; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and the instrument was signed and sealed on behalf of the corporation by authority of its City Council, and the said Mayor and the City Clerk did acknowledge the execution of the instrument to be their voluntary act and deed of theco ration, by it vol tartly executed. A RREF Y otary Public in and for a tate of Iowa 5232ey Prepared by and Return to: James D. Houghton, Anderson & Houghton, L.L.P., 568 Highway 1 West, Iowa City, IA 52240; Telephone: (319) 351-8600; Email: jim@iclaw.net PUBLIC ACCESS AND FIRE APPARATUS EASEMENT AGREEMENT FOREST HILL ESTATES, IOWA CITY, IOWA THIS AGREEMENT, made and entered into by and between Foster Road Developers, LLC, an Iowa limited liability company (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: 1. 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 access over and across the areas designated as "Glasgow Drive Easement," as shown on the Final Plat of Forest Hill Estates, Iowa City, Iowa, hereinafter described as "easement area." 2. The Subdivider agrees that it or its successors and assigns, as a covenant running with the land, shall at its expense keep the easement area in good condition and shall repair and maintain the same as may be appropriate for the purposes for which these easements have been granted. The 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 shall have no responsibility for maintaining the easement area. 3. Notwithstanding the foregoing, the Subdivider, and its successors and assigns, may form a nonprofit corporation to be an Owner's Association (Association) through which its maintenance obligations contained herein may be fulfilled. Provided further that the Subdivider, or its successors and assigns, may convey any portion of the real estate over which the easements rum within the Subdivision to the Association, which conveyance will be subject to this Agreement as a covenant running with the land. 4. Subdivider does hereby covenant with the City that it is lawfully seized and possessed of the real estate above described, and Subdivider has a good and lawful right to convey it, or any part thereof. 5. Nothing in this Agreement shall be construed to impose a requirement on the City to install the original public improvement at issue herein. Nor shall Subdivider be deemed acting as the City's agent during the original construction and installation of said improvement. Parties agree that the obligation to install the public improvement(s) herein shall be in accordance with City specifications, and the obligation shall remain on Subdivider until completion by Subdivider, and until acceptance by the City, as by law provided. 6. This Easement includes the following: a. City service vehicles area granted a means of ingress, egress, and passage over the access easement area. b. The City's police department is authorized to ticket, tow, or cause to be towed, pursuant to the Code of Iowa, as amended, any motor vehicle that has been parked or placed upon the easement area in violation of the parking laws of the City and the 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. Subdivider shall place the easement and agreement of record as its sole obligation to notify all persons who may improperly park on said easement/access areas. c. City's fire department is granted an easement with the right of access over and across each of the streets in Forest Hill Estates, Iowa City, Iowa, and 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 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 with the title to the land. DATED thisaq— ' day of 2018. FOSTER ROAD DEVELOPERS, LLC CITY OF IOWA CITY, IOWA By: e,,� / A� Kim Throgmorton, 1 ayor By: 4=e K llie Fruehlink STATE OF IOWA, COUNTY OF JOHNSON, SS: This instrument was acknowledged before me this qftday of 2018, by James P. Glasgow as Member/Manager of Foster Road Developers, LL 44mo A COYNE—"ber 780838ota Pub cin and for the State of Io a n Expires2020 STATE OF IOWA, COUNTY OF JOHNSON, SS: th M On this bP day of 1 I I 2018, before me, the undersigned, a Notary Public in and for said County and State, p sonally appeared Jim Throgmorton and Kellie Freuhling, to me personally known, who being by me duly swom, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa, a municipal corporation; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and the instrument was signed and sealed on behalf of the corporation by authority of its City Council, and the said Mayor and the City Clerk did acknowledge the execution of the instrument to be their voluntary act and deed of the corporation, by it voluntarily executed. / i2%es� $RVOTINe OLNEY Notary Public in and fo a State of Iowa Ifi %len Number 808232 ;@Fifnlglpji Expires J Prepared by and Return to: James D. Houghton, Anderson & Houghton, L.L.P., 568 Highway 1 West, Iowa City, IA 52240; Telephone: (319) 351-8600; Email: jim@iclaw.net STORMWATER ACCESS EASEMENT AND STORMWATER MANAGEMENT EASEMENT AGREEMENT FOREST HILL ESTATES, IOWA CITY, IOWA Foster Road Developers, LLC, hereinafter "Subdivider" of the real estate described as Forest Hill Estates, Iowa City, Iowa, by the plat recorded with this agreement, hereby grants to the City of Iowa City, Iowa, hereinafter "City" an easement for construction, operation, and maintenance of stormwater control structures and stormwater control facilities, together with a right of ingress and egress thereto over and across that portion of Forest Hill Estates, Iowa City, Iowa, labeled as "STORMWATER MANAGEMENT EASEMENT," together with a right of ingress and egress thereto over and across that portion of Forest Hill Estates, Iowa City, Iowa, labeled Stormwater Access Easement on the final plat of Forest Hill Estates, Iowa City, Iowa, hereinafter referred to as "Easement Areas." Subdivider further grants to the City the following rights in conjunction with the easement: 1. The right of grading said Easement Areas for the full width thereof, and the right to extend the cuts and fills for such grading into and on said land along and outside of said Easement Areas as the city may find reasonably necessary. 2. The right from time to time to trim, to cut down, and clear away all trees and brush on said Easement Areas, and on either side of the Easement Areas, which now or hereafter in the opinion of the City may be a hazard to said facilities or may interfere with the City's rights hereunder in any manner. 3. The right to enter onto land beyond the Easement Areas to conduct emergency repairs that may extend beyond the Easement Areas 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 Subdivider and with minimal disruption of the area. The City shall promptly backfill any trench made by the City and repair any damages caused by City within the Easement Areas. The City shall indemnify Subdivider against any loss M or damage which shall be caused by the negligent exercise of any ingress or egress, construction, use, or maintenance by the City. Subdivider reserves the right to use the Easement Areas for purposes which will not interfere with the City's full enjoyment of the rights hereby granted, provided that the Subdivider shall not erect or construct any building, fence, retaining wall, or other structure, plant any trees, drill or operate any well, or construct any reservoir or other obstruction on said area, or diminish or substantially add to the ground cover over said Easement Areas. Any improvements placed in the Easement Areas, with or without City approval, may be removed by the City without compensation or replacement. Subdivider shall maintain the area within the Easement Areas free from weeds and debris and shall in no event fill or prevent the stormwater detention 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. Subdivider does hereby covenant with the City that it is lawfully seized and possessed of the real estate above described, and that they have a good and lawful right to convey it, or any part thereof. After completion of the stormwater detention facility, the Subdivider and its successors and assign shall thereafter maintain the facilities and Easement Areas. The maintenance shall include maintaining the mowing the ground cover and keeping it free of debris. The City shall have no obligation for maintenance of the facilities or the Easement Areas. This obligation for maintenance will be transferred and become the obligation of the Homeowners Association formed in part for this purpose. 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 thiznky of 2018. SUBDIVIDER: FOSTER ROAD DEVELOPERS, LLC, By: 2,� P, toP. Glasgow, Member ager STATE OF IOWA ) ) ss: COUNTY OF J014NSON ) This instrument was acknowledged before me on this- -:2 of 2018, by James P. Glasgow as Member/Manager of Foster Road Developers, LL and Iowa limited liability company. p JACQUELINE A COYNE Commission Number 750638 Not iblic in and for said State ** S My Commission Expires un January 9, 2020 CITY OF IOWA CITY, IOWA ATTEST B Jim Throgmorton, ayor Kellie Fruehling, Citl Clerk STATE OF IOWA ) ) ss: COUNTY OF JOHNSON ) This instrument was acknowledged before me on this 091-11 day of -, 2018, by Jim Throgmorton and Kellie Fruehling, and Mayor and City Clerk, respeAively, of the City of Iowa City, Iowa. aCHRISTINE OLNEY �c� A Oe+nnd�e+on Number@06232 N Public in and for saidState r My Cemmisaion Exgmy IA by and Return to: James D. Houghton, Anderson & Houghton, L.L.P., 568 Highway 1 West, Iowa City, STORM SEWER AND DRAINAGE EASEMENT AGREEMENT THIS AGREEMENT made by and between the parties to a certain Real Estate Contract dated December 31, 2005, reaorded.•December 30, 2005, in Book 3979, Page 213, Peter Van Gerpen and Patricia C. Van Gerpen, husband and wife, Contract Sellers, and Hawkeye Trailer Court, LLC, an Iowa limited liability company, Contract Buyers, hereinafter called "Owners," 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, Owners hereby grant and convey 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, swales, ditches and channels as the City shall from time to time elect for conveying storm water, with all necessary appliances and fittings, for the use in connection with said pipe lines, together with adequate protection therefor, and also a right of way, with the right of ingress and egress thereto, over and across the areas designated as Easement "A" and Easement "B" on the attached Easement Plat, hereafter described as "Easement Areas." Owners farther grant 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 brash on said Easement Areas and also to trim, cut down and clear away any trees on either side of said Easement'iAreas which now or hereafter in the opinion of the City may bi a hazard to said 0 easement areas, or which may interfere with the exercise of the City's rights hereunder in any manner. I. The right to enter land beyond the Easement Areas to conduct emergency repairs that may extend beyond the Easement Areas without obtaining a separate temporary easement. The City's right to do such work shall be effective only upon City's prior notice to Subdivider and with minimal disruption of the area. The City shall promptly backfill any trench made by it, and repair any damages caused by the City within the Easement Areas. The City shall indemnify Owners against unreasonable loss or damage which may occur in the negligent exercise of the easement rights by the City. Except as expressly provided herein, the City shall have no responsibility for maintaining the Easement Areas. Owners reserve the right to use said Easement Areas for purposes which will not interfere with the City's full enjoyment of the rights hereby granted; provided that the Owners 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 improvements placed in the Easement Areas, with or without City approval, may be removed by the City without compensation or replacement. Owners do hereby covenant with the City that it is lawfully seized and possessed of the real estate above described, and that they have 'a good and lawful right to convey it, or any part thereof. Nothing in this Agreement shall be construed to impose a requirement on the City to install the original public improvement(s) at issue herein. Nor shall Subdivider be deemed acting as the City's agent during the original construction and installation of said improvement. Parties agree that the obligation to install the public improvement(s) herein shall be in accordance with City specifications, and the obligation shall remain on Owners until completion by Owners, and until acceptance by the City, as provided by law. The provisions hereof shall inure to the benefit of and bind the successors and assigns of the respective Parties hereto, and all covenants shall apply to and run with the land and with the title to the land. Dated this� day of 2018. OWNERS: C JOfJN�TRACT SSELL/LERS::� //_ ya Peter Van Gerpen l Patricia C. Van Gerpen M CONTRACTBUYER: HAWKEYE T"ER COURT, LLC ' vMember/Manager b&T , Member/Manager STATE OF IOWA, COUNTY OF JOHNSON, ss: V1111 This instrument was acknowledged before me on this 601 day of 2018, by Peter Van Gerpen and Patricia C. Ven Gerpen, hu>s�ndfe� LAUREN CHRISTINE STELTER @ (� Commission Number 803025 Pubh i and bad My Commission Expires row► February 28, 2020 STATE OF IOWA, COUNTY OF JOHNSON, ss: This instrument was cknowledged before me on this da, 2018, by ^k S 07JSe and ill Member/Managers of Hawkeye Trailer C LLC, an Iowa abi ,rwks LAUREN CHRISTINE STELT � Commission Number 80302 Pub and fo row), My Commission Expires February 28, 2020 CITY OF IOWA CITY, IOWA ATTEST Kel ie Frue�hlin C' Clerk BY Jim Throgmorton, ayor g> STATE OF IOWA, COUNTY OF JOHNSON, ss: rx This instrument was acknowledged before me on this Zrday of dcLv 2018, by Jim Throgmorton and Kellie Fri chling, and Mayor and City Clerk;-.Qnect vely, of the City of Iowa City, Iowa. Nsaie CHRISTINE OLNEY " Commission Number 606232 otary Publi d + . • .I + My Commissi Expires QWWA M INDEX LEGEND Location: Forest Hill Estates Iowa City, Johnson County, Iowa. RequestoC Foster Road Developers, LLC Proprietor. Foster Road Developers, LLC Surveyor. Thomas E. Hagensee Company: HBK Engineering, LLC 509 S. Gilbert St. Iowa City, Iowa 52240 Return To: Thomas Hagensee, PLS 509 S. Gilbert St Iowa City, Iowa 52240 1 inch = 60 ft. l -RAS NMI��)ZE I'' STORM SEWER AND DRAINAGE CITY OF IOWA CITY, JOHNSON COUNTY, IOWA PART OF THE NE Y OF SECTION 3, TOWNSHIP 79 NORTH, RANGE 6 WEST, JOHNSON COUNTY, IOWA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: EASEMENT "A": COMMENCING AT THE NORTH ''/° CORNER OF SAID SECTION 3, THENCE ALONG THE NORTH LINE OF THE NE 1/4 OF SAID SECTION 3, N 89°29'51" E, 1604.81 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID NORTH LINE N 89°29'51" E, 20.94'; THENCE S 16°43'34" W; THENCE N 73°13'16" W, 20.00 FEET; THENCE N 16°43'34" E, 74.20 FEET TO THE POINT OF BEGINNING, SAID EASEMENT CONTAINING 1546 SQUARE FEET, MORE OR LESS, AND SUBJECTTO RESTRICTIONS AND EASEMENTS OF RECORD. EASEMENT "B": COMMENCING ATTHE NORTH } CORNER OF SAID SECTION 3, THENCE ALONG THE NORTH LINE OF THE NE} OF SAID SECTION 3, N 89°29'51" E, 1392.70 FEET, THENCE S 00°30'09" E, 131.88 FEET TO THE POINT OF BEGINNING; THENCE S 26°34'16" E TO A POINT ON THE NORTH LINE OF LOT 5, FOREST HILL ESTATES; THENCE S 89°28'31" W ALONG SAID NORTH LINE, 22.26'; THENCE N 26°34'16" W; THENCE N 33°44'07" E, 23.02' TO THE POINT OF BEGINNING, SAID EASEMENT CONTAINING 499 SQUARE FEET, MORE OR LESS, AND SUBJECT TO RESTRICTIONS AND EASEMENTS OF RECORD. Fps-S�RROPD POINT OF BEGINNING NJ CORNER SEC 3-79-6 EASEMENT "A° POINT OF COMMENCEMENT EX / N89°29'51"E GA SMT 20.9'5 N89°29'51" E 1604 81' 10' EX ELEC ESMT 15' EX ELEC ESMT N89°29'51" E ';' 1 25' EX ELEC ESMT 1392.70 NLINE aSEC 3.79b m: ----- / ------- EX 60' GAS ESMT —,, v ' - .�---------I------�------- °J ro ^p roo / -- ------------- 7 -----------I------- / I I EASEMENT °A° I I m: rn ` POINT OF BEGINNING EASEMENT°B° / / I EX PIPELINE N33°44'07"EEASEMENT°B° EASEMENT 23.02' I S26. 34'16"E •\ 35.55' /Z/N26° dd 11fi WW22.26' S89°28'31"W 1.37' / STANDARD LEGEND AND NOTES Boundary or Property Line Right -of -Way ExisGng Easement -------- Proposed Easement — — — — SeWon Line — — — Property Comer, Comer, Found ERROR OF CLOSURE IS LESS THAN 1 FOOTIN 10,000 FEET 0 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. EASEMENT PLAT STORM SEWER AND hbk DRAINAGE EASEMENT ENGINEERING CITY OF IOWA CITY. JOHNSON COUNTY. IOWA ` gWinggp S10N q a?: •'920 o : THOMAS E. •: m N : HA 9089EE IOWA , HBK ENGINEERING, LLC 509 S. GILBERT ST. IOWA CITY, 1A 52240 PHONE: (319) 338-7557 FAX: (319) 358-2937 T104V ENLGFNSFE 110ENSENUMBFACPNB W UCENSE RENENAL DAM 13 DECEMBER SI,]BIB. PAGES OR $HEELS COVERED BY TITS SELL: ..HGETOILV TRMIDY: QJM .amanYtnm: TEH PR0117(9'vuaaew 17.0540 DA IF, DUPI: 05.24.2018 11111, 1" = 60' 1 OF 1 Prepared By. James D. Houghton #AT0003737 568 Highway 1 West, Iowa City, Iowa, 52246 — (319) 351-8600 Return Document to: James D. Houghton, 568 Highway 1 West, Iowa City, Iowa, 52246 OWNER'S CERTIFICATE AND DEDICATION FOREST HILL ESTATES, IOWA CITY, IOWA KNOW ALL MEN BY THESE PRESENTS: Foster Road Developers, LLC, an Iowa limited liability company ("Subdivider'), does hereby certify and state that it is the owner and proprietor of the following described real estate situated in Johnson County, Iowa, to -wit, which real estate is to be platted as Forest Hill Estates, Iowa City, Iowa. A RESUBDIVISION OF AUDITOR'S PARCEL W AS RECORDED IN BOOK 32, PAGE 52, OF THE RECORDS OF THE JOHNSON COUNTY, IOWA RECORDER'S OFFICE; AUDITOR'S PARCEL'B' AS RECORDED IN BOOK 32, PAGE 53, OF THE RECORDS OF THE JOHNSON COUNTY, IOWA RECORDER'S OFFICE; A PORTION OF THE NORTH HALF OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 3, TOWNSHIP 79 NORTH, RANGE 6 WEST, A TRIANGULAR PIECE LAYING IN THE NORTH HALF OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 3, TOWNSHIP 79 NORTH, RANGE 6 WEST, AND SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 34, TOWNSHIP 80 NORTH, RANGE 6 WEST, LYING SOUTH OF INTERSTATE 80, EXCEPTTHAT LAND CONVEYED TO THE CITY OF IOWA CITY FOR FOSTER ROAD AS RECORDED IN BOOK 3058 PAGE 1 OF THE JOHNSON COUNTY, IOWA RECORDER'S OFFICE; THE PARCEL DESCRIBED IN TRUSTEE WARRANTY DEED RECORDED IN BOOK 5696, PAGE 474 OF THE RECORDS OF THE JOHNSON COUNTY, IOWA RECORDER'S OFFICE; PART OF SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 34, TOWNSHIP 80 NORTH, RANGE 6 WEST, LYING SOUTH OF INTERSTATE 80; PART OF SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER SECTION 34, TOWNSHIP 80 NORTH, RANGE 6 WEST, LYING SOUTH OF INTERSTATE 80; PART OF SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER SECTION 34, TOWNSHIP 80 NORTH, RANGE 6 WEST LYING SOUTH OF INTERSTATE 80; AND ALL OF THE PARCEL DESCRIBED IN WARRANTY DEED 4879-681 OF THE RECORDS OF THE JOHNSON COUNTY, IOWA RECORDER'S OFFICE; ALL LOCATED IN THE CITY OF IOWA CITY, JOHNSON COUNTY, IOWA. SAID PARCEL CONTAINS 50.15 ACRES, AND IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. 67A Subdivider does further states the subdivision of said real estate as it appears on the Final Plat of Forest Hill Estates, Iowa City, Iowa, to which this certification and dedication is attached, is with its free consent and in accordance with the desire of said proprietor. The easements and Outlot C in the subdivision hereinafter known and designated as Forest Hill Estates, Iowa City, Iowa, are hereby dedicated to the public, as provided by Chapter 354 of the 2017 Code of Iowa, as amended. IN WITNESS WHEREOF the proprietor has caused this Owner's Certificate and Dedication to be signed on thisday of 2018. FOSTER ROAD DEVELOPERS, LLC By: . 0_ -,,&- . J nes P. Glasgow, Memb r anager STATE OF IOWA ) ) ss: COUNTY OF JOHNSON ) This instrument was acknowledged before me on thisQq�day of 1 2018, by James P. Glasgow as Member/Manager of Foster Road Developers, LL09, and Iowa limited liability company. �liC.t JACQUELINE NwnbGOYNE 750638 No ary P lic in and for said State * * Commisaion ssion E pkes My Canary lan 20 , ���� January 9, 21120 Prepared by and Return to: James D. Houghton, Anderson & Houghton, L.L.P., 568 Highway 1 West, Iowa City, IA 52240; Telephone: (319) 351-8600; Email: jim@iclaw.net CONSENT OF MORTGAGEE TO SUBDIVISION The undersigned, University of Iowa Community Credit Union, is the Mortgagee of the mortgage dated 2018, and recorded MOM 95 2018, in Book _ja, Page C om, M gage Records of Johnson County, Iowa. J Said mortgage encumbers that property to be designated as Forest Hill Estates, Iowa City, Iowa, and legally described as follows: A RESUBDIVISION OF AUDITOR'S PARCEL W AS RECORDED IN BOOK 32, PAGE 52, OF THE RECORDS OF THE JOHNSON COUNTY, IOWA RECORDER'S OFFICE; AUDITOR'S PARCEL W AS RECORDED IN BOOK 32, PAGE 53, OF THE RECORDS OF THE JOHNSON COUNTY, IOWA RECORDER'S OFFICE; A PORTION OF THE NORTH HALF OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 3, TOWNSHIP 79 NORTH, RANGE 6 WEST, A TRIANGULAR PIECE LAYING IN THE NORTH HALF OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 3, TOWNSHIP 79 NORTH, RANGE 6 WEST, AND SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 34, TOWNSHIP 80 NORTH, RANGE 6 WEST, LYING SOUTH OF INTERSTATE 80, EXCEPT THAT LAND CONVEYED TO THE CITY OF IOWA CITY FOR FOSTER ROAD AS RECORDED IN BOOK 3058 PAGE 1 OF THE JOHNSON COUNTY, IOWA RECORDER'S OFFICE; THE PARCEL DESCRIBED IN TRUSTEE WARRANTY DEED RECORDED IN BOOK 5696, PAGE 474 OF THE RECORDS OF THE JOHNSON COUNTY, IOWA RECORDER'S OFFICE; PART OF SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 34, TOWNSHIP 80 NORTH, RANGE 6 WEST, LYING SOUTH OF INTERSTATE 80; PART OF SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER SECTION 34, TOWNSHIP 80 NORTH, RANGE 6 WEST, LYING SOUTH OF INTERSTATE 80; PART OF SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER SECTION 34, TOWNSHIP 80 NORTH, RANGE 6 WEST LYING SOUTH OF INTERSTATE 80; AND ALL OF THE PARCEL DESCRIBED IN WARRANTY DEED 4879- 681 OF THE RECORDS OF THE JOHNSON COUNTY, IOWA RECORDER'S OFFICE; ALL LOCATED IN THE CITY OF IOWA CITY, JOHNSON COUNTY, IOWA. SAID PARCEL CONTAINS 50.15 ACRES, AND IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. (�q The undersigned Mortgagee hereby consents to the platting of this subdivision by Foster Road Developers, LLC, an Iowa limited liability company, and hereby releases any and all liens against those portions of the property dedicated to the public, including but not limited to Outlot C. Signed thisZq^ day of OLV 2018. UNIVERSITY OF IOWA COMMUNITY CREDIT UNION Se -*44 %.r lsdV6 By: l✓. s Titl . . Vi STATE OF IOWA, COUNTY OF JOHNSON, SS: p This instrument acknowledged before me this Z l day of �� 2018, before me by ,Src)V\ W +156`rl as J` r • ),ICA. Press eA of University of Iowa Community Credit Union. I N ary Public in and for I/the `—State of Iowa ,�•'" :AARON FRIEDERICH Commission Number 784415 My Commission Expires ww� O Vq Prepared By: James D. Houghton RAT0003737 568 Highway I West, Iowa City, Iowa, 52246 — (319) 351-8600 Return Document to: James D. Houghton, 568 Highway 1 West, Iowa City, Iowa, 52246 OPINION OF ATTORNEY FOREST HILL ESTATES, IOWA CITY, IOWA I, James D. Houghton, a regular practicing attorney in Iowa City, Johnson County, Iowa, do hereby certify that I have examined an abstract to the following described real estate designated as Forest Hill Estates, Iowa City, Iowa, to wit: A RESUBDIVISION OF AUDITOR'S PARCEL W AS RECORDED IN BOOK 32, PAGE 52, OF THE RECORDS OF THE JOHNSON COUNTY, IOWA RECORDER'S OFFICE; AUDITOR'S PARCEL'B' AS RECORDED IN BOOK 32, PAGE 53, OF THE RECORDS OF THE JOHNSON COUNTY, IOWA RECORDER'S OFFICE; A PORTION OF THE NORTH HALF OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 3, TOWNSHIP 79 NORTH, RANGE 6 WEST, ATRIANGULAR PIECE LAYING IN THE NORTH HALF OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 3, TOWNSHIP 79 NORTH, RANGE 6 WEST, AND SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 34, TOWNSHIP 80 NORTH, RANGE 6 WEST, LYING SOUTH OF INTERSTATE 80, EXCEPT THAT LAND CONVEYED TO THE CITY OF IOWA CITY FOR FOSTER ROAD AS RECORDED IN BOOK 3058 PAGE 1 OF THE JOHNSON COUNTY, IOWA RECORDER'S OFFICE; THE PARCEL DESCRIBED IN TRUSTEE WARRANTY DEED RECORDED IN BOOK 5696, PAGE 474 OF THE RECORDS OF THE JOHNSON COUNTY, IOWA RECORDER'S OFFICE; PART OF SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 34, TOWNSHIP 80 NORTH, RANGE 6 WEST, LYING SOUTH OF INTERSTATE 80; PART OF SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER SECTION 34, TOWNSHIP 80 NORTH, RANGE 6 WEST, LYING SOUTH OF INTERSTATE 80; PART OF SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER SECTION 34, TOWNSHIP 80 NORTH, RANGE 6 WEST LYING SOUTH OF INTERSTATE 80; AND ALL OF THE PARCEL DESCRIBED IN WARRANTY DEED 4879-681 OF THE RECORDS OF THE JOHNSON COUNTY, IOWA RECORDER'S OFFICE; ALL LOCATED IN THE CITY OF IOWA CITY, JOHNSON COUNTY, IOWA. SAID PARCEL CONTAINS 50.15 ACRES, AND IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. It is hereby certified that a fee simple title to said real estate is in Foster Road Developers, LLC, subject to the following: Mortgage to University of Iowa Community Credit Union dated May 25, 2018, and recorded May 25, 2018, in Book 5789, Page 455, Mortgage Records of Johnson County, Iowa. DATED at Iowa City, Iowa, this day of 2018. 4s..o n Doc ID: 027054280019 Type: GEN Kind: ORDINANCE Reeorded: 06/12/2018 at 10:38:08 AM Fee Amt: $97.00 Pape 1 of 19 Johnson County Iona KIM Painter CountV Recorder BK5795 PG494-512 STATE OF IOWA ) ) SS JOHNSON COUNTY ) FE E 4d C__ity of Oy ��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. 18-4759 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 6th day of June 2018, is a true and correct copy, all as the same appears of record in my office. Dated at Iowa City, Iowa, this day of June 2018. Kellie K. Fruehling City Clerk 61 \ord (F4in/ — coAvoMrEsIA: 410 EAST WASHINGTON STREET • IOWA CITY, IOWA 52240-1826 • (319) 356-5000 • FAX (319) 356-5009 0 Prepared by: Sylvia Bochner, Planning Intern, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5240 (REZ17-00015) Ordinance No. 18-4759 An ordinance conditionally rezoning approximately 7.84 acres from Interim Development Research Development Park (ID -RP) zone to Planned Development Overlay/Low Density Multifamily (OPD/RM- 12) zone located west of Camp Cardinal Boulevard and east of Deer Creek Road. (REZ17-00015) Whereas, the applicant, Cardinal Pointe West, LLC, has requested a rezoning of property located west of Camp Cardinal Boulevard and east of Deer Creek Road from Interim Development Research Development Park (ID -RP) to Planned Development Overlay/Low Density Multifamily (OPD/RM-12); and Whereas, the Comprehensive Pian indicates that this area is appropriate for clustered development to protect environmentally sensitive features; and Whereas, the property is located at a highly visible entrance to the city adjacent to Deer Creek Road and Highway 218 where it is subject to negative effects of noise, fumes and dust from these roadways; and Whereas, the Comprehensive Plan contains policies to assure long -tern livability of neighborhoods by buffering between residential development and incompatible uses such as major highways, and Whereas, the Comprehensive Plan contains policies to preserve and enhance the entranceways to the city by considering the appearance of new development from major entranceways at the time of rezoning, 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 buffering from Highway 218 and building and site design appropriate for an entry to Iowa City; 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 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 Interim Development Research Development Park (ID -RP) to Planned Development Overlay/Low Density Multifamily (OPD/RM-12): PART OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER AND PART OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 12, TOWNSHIP 19 NORTH, RANGE 7 WEST OF THE 5T" PRINCIPAL MERIDIAN, JOHNSON COUNTY, IOWA AS RECORDED IN BOOK 56, PAGE 40 IN THE OFFICE OF THE JOHNSON COUNTY, IOWA RECORDER. SAID PARCEL CONTAINS 7.84 ACRES, 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 ps Ordinance No. 18-4759 Page 2 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 120 18 MAIM, ATTEST: LL—P CITY CLERK p roved by Sv /�L C �✓^ — City Attorneys Office COR 10 Ordinance No. 18-4759 Page 3 It was moved by Mims and seconded by Cole Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Botchway x Cole x Mims x Salih Taylor x Thomas x Throgmorton First Consideration 05/15/2018 Voteforpassage: AYES: Cole, Mims, Salih, Taylor, Thomas, Botchway. NAYS: Throgmorton. ABSENT: None. Second Consideration_ 05/29/2018 Vote for passage: AYES: Thomas, Botchway, Cole, Mims. NAYS: Taylor, Throgmorton. ABSENT: Salih. Datepublished 06/14/2018 that the 2q Prepared by: Sylvia Bochner, Planning Intern, 410 E. Washington, Iowa City, IA 52240 (319) 356-5240 (REZ17-00015) Conditional Zoning Agreement This agreement is made between the City of Iowa City, Iowa, a municipal corporation (hereinafter "City") and Cardinal Pointe West, LLC (hereinafter "Owner"). Whereas, Owner is the legal title holder of approximately 7.84 acres of property located west of Camp Cardinal Boulevard and east of Deer Creek Road; and Whereas, the Owner has requested the rezoning of said property from Interim Development—Research Development Park (ID -RP) to Planned Development Overlay/Low Density Multifamily (OPD/RM-12); and Whereas, the property is located at a highly visible entrance to the city adjacent to Deer Creek Road and Highway 218 where it is subject to negative effects of noise, fumes and dust from these roadways; and Whereas, the Comprehensive Plan contains policies to assure long -tern livability of neighborhoods by buffering between residential development and incompatible uses such as major highways, and Whereas, the Comprehensive Plan contains policies to preserve and enhance the entranceways to the city by considering the appearance of new development from major entranceways at the time of rezoning, and Whereas, the Planning and Zoning Commission has determined that, with appropriate conditions regarding sound mitigation for Highway 218, dust control for Deer Creek Road, pervious surfaces for fire lanes, approval of landscaping plan, and substantial compliance with site and building plans, 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 mitigation of highway noise and dust from Deer Creek Road, appropriate landscaping and outdoor open space, pervious surfaces for fire lanes, and compliance with site and building plans; 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. Cardinal Pointe West, L.L.C. is the legal title holder of the property legally described as ppdadm/8gUrez17-00015 m.doe 1 2 PART OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER AND PART OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 12, TOWNSHIP 19 NORTH, RANGE 7 WEST OF THE 5T" PRINCIPAL MERIDIAN, JOHNSON COUNTY, IOWA AS RECORDED IN BOOK 56, PAGE 40 IN THE OFFICE OF THE JOHNSON COUNTY, IOWA RECORDER. SAID PARCEL CONTAINS 7.84 ACRES, 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 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 chapter, as well as the following conditions: a. Prior to issuance of a building permit, Owner shall: i. Obtain approval of a sound mitigation plan, prepared by an acoustical engineer, from the Building Official prior to the issuance of a building permit for any buildings within 300 feet of Highway 218 right-of-way; ii. Owner shall obtain approval of a landscape plan from the City Forrester prior to issuance of a building permit. Such plan shall include disease -resistant native trees, shrubs, grasses and forbs. Such plan shall be designed to create a sound and visual buffer between the development and Deer Creek Road/Highway 218. b. Development and maintenance of the subject property shall: i. conform with the approved sound mitigation plan, ii. conform with the approved landscape plan, iii. substantially comply with the Sensitive Areas Site Plan attached hereto and by reference made part of this agreement, including the provision of decks and walkways adjacent to the stormwater detention pond as illustrated on said Plan; iv. generally comply with building design drawings attached hereto, including the use of a variety of stone, masonry and siding colors. c. Any area designated solely as fire lane shall be constructed with a pervious surface approved by the Fire Marshal and properly maintained accordingly; d. Dust control must be maintained for Deer Creek Road while Deer Creek Road is open to traffic. 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 ppdadm/agVrez17-G0015=.dcc 2 ?"q and effect as a covenant with title to the land, unless or until released of record by the City of Iowa City. The parties further acknowledge that this agreement shall inure to the benefit of and bind all successors, representatives, and assigns of the parties. 7. The Owner acknowledges that nothing in this Conditional Zoning Agreement shall be construed to relieve the Owner or Applicant from complying with all other applicable local, state, and federal regulations. 8. The parties agree that this Conditional Zoning Agreement shall be incorporated by reference into the ordinance rezoning the subject property, and that upon adoption and publication of the ordinance, this agreement shall be recorded in the Johnson County Recorder's Office at the Applicant's expense. Dated this 6th day of June City of Iowa City Jiniftrogmorton, May r Attest: - Kellie Fruehling, Ci Clerk (AP oved by. City Attorney's Office City Of Iowa City Acknowledgement: STATE OF IOWA ) ) ss: JOHNSON COUNTY ) 20 18 M- CO - fORPOR4IESEAI This instrument was acknowledged before me on � s7 -e- x,-01 , 20 / ff by Jim Throgmorton and Kellie Fruehling as Mayor and City Clerk, respectively, of the City of Iowa City. Not blic in and fol the Sta a of Iowa NOTARIAL SERI (Stamp or Seal) /�J%�•o . ` ppdadMagUru17-"l5¢ d. 3 7/q and effect as a covenant with title to the land, unless or until released of record by the City of Iowa City. The parties further acknowledge that this agreement shall inure to the benefit of and bind all successors, representatives, and assigns of the parties. 7. The Owner acknowledges that nothing in this Conditional Zoning Agreement shall be construed to relieve the Owner or Applicant from complying with all other applicable local, state, and federal regulations. 8. The parties agree that this Conditional Zoning Agreement shall be incorporated by reference into the ordinance rezoning the subject property, and that upon adoption and publication of the ordinance, this agreement shall be recorded in the Johnson County Recorder's Office at the Applicant's expense. Dated this 6th day of June 20 18 City of Iowa City L A &Mt, p0/Nil WEST., L.LG Jim Throgmorton, Mayor Attest: Kellie Fruehling, City Clerk Approved by: City Attorney's Office City Of Iowa City Acknowledgement: STATE OF IOWA ) ) ss: JOHNSON COUNTY ) M am 'I-ovtl AfhVA4evc This instrument was acknowledged before me on , 20_ by Jim Throgmorton and Kellie Fruehling as Mayor and City Clerk, respectively, of the City of Iowa City. Notary Public in and for the State of Iowa (Stamp or Seal) Title (and Rank) ppdadaVegUm17-0 15 =e 3 P Title (and Rank) Corporate Acknowledgement: STATE OF IOWA ) ) ss: JOHNSON COUNTY ) This instrument was acknowledged before me on , 20_ by as of Inc. Notary Public in and for said County and State (Stamp or Seal) Title (and Rank) Cardinal Pointe West, LLC Acknowledgment: State of -T01We— CountyOf 41h' This record was acknowledged before me on 01ctA If 1 (Date) by T�ur l l4dcUjir,,� (Name(s) of indivi ual( ) as ✓� l �Q +� (type of authority, such as officer or trustee) of aSfo+2 r (name of party on behalf of whom record was executed). Public in and for the State of Iowa (Stamp or Seal)e, SUSAN K. FORINASH €Fo�nWb�ymy r _ . Title (and Rank) 3q�M My commission expires: I 1 u ppdadMagVW 1 7-00015 c1a.d 4 �1 1 PLANNED DEVELOPMENT OVERLAY REZONING AND SENSITIVE AREA SITE PLAN FOR THE GROVE IN THE CITY OF IOWA CITY, JOHNSON COUNTY, IOWA UTILITY AND EMERGENCY TELEPHONE NUMBERS Mf�as Fiu Nan®M'�I uwm L�16{YSIpD —Ian1v1— nw ___�pp.___pp mromye QY -W mmmmr 14 N— cVe 0P lo[F m O _ $ m n• T a fl rw 4 G 6 � 0 e ` IOAA_ ONE -CALL a.n•E-� n:Muwv GlW—O OO.IR DTIIR LflII10.PRIP® T a sm.n O PWT Em9 umr��e IIRrvNaox wnruonn: ulmm LOCATION MAP lawC. 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INC. 04/19/2018 AN 111 a n 111 �/ 111 n // 111 u I ■■ n n 111 con p a/ 111 IBM 111 111 . me I■■ LH ■■ 1/ 111 an I'm 111 �E' 111 I �■ 111 1 _' 0!, 111 .. ■■ 111 . .�� I ■� 111 "�p /1 u §/ 111 n o■ 111 IV, --6 111 an 111 n ■■ 111 �- /1 X11 114.,! ■■ 111 n m ��� R I ■■- T J ■■-_ Sil on I on 111 WIN 111 n is 1 111 It 111 •� n ® _N f1 ■� 111 11. 111 •� � •• �Y - ., wig a lu :: Hu1 ��_ lu ee Ie1:: N ii leek 4_ 111 •• on IIe an 111 r. a IIe .. :9 4 Ie �.R.- ■. , t , ! 111 3,' IIe ILI on In H H In In In III op Ion 111 In -,Jvjf, In lip, In RN III "v III I an Nw III alp Ili or, III "I oil li! go11 '1I'' In spi no 11 In H H In In In III op Ion 111 In -,Jvjf, In lip, In RN III "v III I an Prepared by Sarah Walz, Associate Planner, 410 E. Washington, Iowa City, IA 52240; 319/356-5230 N 0 DECISION IOWA CITY BOARD OF ADJUSTMENT WEDNESDAY, MAY 9, 2018 EMMA J. HARVAT HALL MEMBERS PRESENT: T. Gene Chrischilles, MEMBERS ABSENT: None. STAFF PRESENT: Sue Dulek, Sarah Walz *E2 r.� ■ t— C-) — �-- ,�n w :fir— a M Tim Weitzel, Connie Goeb, Bryce TRr, Igan HID > o OTHERS PRESENT: Brian Boelk, Mattieu Biger, Jacqueline Biger, Thomas Agran, Ryan O'Leary, Mark Seabold SPECIAL EXCEPTION ITEMS: 1. EXC18-00003: A public hearing regarding a special exception application submitted by Kum & Go, LC to allow a Quick Vehicle Service use within the Towncrest Redevelopment Area at 2303 Muscatine Avenue. The Board concludes that all vehicular use areas, including parking and stacking spaces, drives, aisles, and service lanes, will be screened from the public right-of-way to the S2 standard and to the S3 standard along any side or rear lot line that abuts a residential zone boundary based on the following finding: • The submitted site plan shows S2 (low shrub) screening along the perimeter of the paved parking and fueling area on Muscatine Avenue and Wade Street frontages. Along First Avenue, the parking and fueling areas are screened by the convenience store building. S2 screening is provided along the entire side (south) property line shared with Iowa City Hospice (1025 Wade Street). The Board concludes that sufficient vehicle stacking spaces will be provided to prevent congestion and vehicle conflicts along abutting streets based on the submitted site plan showing approximately 100 feet of stacking space along each of the drives. The Board finds that the fuel canopy is set back 24.5 feet from the north property line, along Muscatine Avenue; 24.5 feet from the south property line shared with Iowa City Hospice, which is in the CO -1 zone; more than 50 feet from the east property line along Wade Street; and more than 100 feet from the nearest residential zone. The Board concludes that all lighting will comply with the City's "Outdoor Lighting Standards" -- a permit may not be issued unless the lighting standards are met. The Board finds that the subject property is not directly adjacent to any residential zones and that no carwash is proposed as part of the development. The Board concludes that the proposed development complies with the central business site development standards with regard to landscape screening, building placement, and vehicular access based on the following findings: • A 5 -foot setback is provided with S2 landscape screening atop a retaining wall is provided along the south property line where the property abuts the CO -1 zone (Iowa City Hospice property). The CO-1/hospice site is set at a taller elevation. IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Doc ID: 027058510008 Type: GEN Kind: DECISION Recorded: M atFee Amt: $42.0006/14/2il833:02 AM Pape I of Johnson county Iowa Kim Painter county Recorder SA7`7n7 PG377-384 0 O Curb cuts are consolidated along all three streets: Along Muscatine Avenue two large curb cuts are reduced to one. o Existing curb cuts are set 33 feet from First Ave. and 77 feet from at9e 94? o Anew curb cut is located 96 feet from First Ave. and 107 feet from7Wade • Along Wade Street, the new gas station curb cut will be set back more than 100 feet from the intersection. An existing curb cut located within 50 feet of the intersection will be closed. An existing curb cut located more than 100 feet from the intersection will be widened from approximately 15.5 feet to 27.81 feet. • Along First Avenue, curb cuts to the other lots (now associated with Iowa City Hospice) are eliminated and one curb cut to the gas station is located 126 feet from the intersection. The existing curb cut is located 60 feet from the intersection. • As noted above, the submitted site plan shows perimeter screening is provided around all paved areas of the site and a 20 -foot landscaped setback along the Wade Street frontage. The Board concludes that some parking spaces do not meet the CB -5 restriction on parking within the first thirty feet (30') of lot depth as measured from the front building line: 3 spaces located along the Wade Street frontage, the 2 spaces on the east side of the convenience store building and at least one space on the south side of the convenience store building. However, the Board concludes that given the nature of the property, which fronts onto three streets, the proposed quick vehicle servicing use cannot reasonably comply with this standard in all areas of the site. The Board concludes that, except for the three parking spaces along the Wade Street frontage, the proposed spaces do not unduly compromise the intent of the standard and are clearly subordinate to the principal use of the property based on the following findings: • In the CB -5 zone, buildings are typically constructed at the property line, with no setback unless space is needed for building articulation, recessed entrances, or pedestrian areas for outdoor seating. The proposed building is set back 10 feet from the property line on Muscatine and First Avenues in order to provide space for landscaping along the public sidewalk. • As a condition of the recent rezoning instituted by the applicant, the applicant dedicated additional right-of-way to expand the pedestrian area and buffer it from vehicular traffic along First Avenue. • The redevelopment of the site, with its consolidated curb cuts and perimeter screening creates a more pedestrian -oriented streetscape within the CC -2 zone by minimizing conflicts between cars and pedestrians and ensuring that parking and vehicle use areas are set back and screened so as to reduce visual impact on the streetscape. • The minimum vehicle parking requirement for the use is 12 parking spaces; 22 spaces are provided. The majority of parking spaces (all of its required spaces) are close to the building and the south retaining wall in order to minimize views from adjacent streets. • The proposed development clusters parking close to the building, which is safer and more convenient for customer movement from car to storefront and in keeping with the goal of making parking subordinate by emphasizing the convenience store as the principal use on the site. • The single row of parking on the south and east sides of the building are set back and screened from view of the sidewalk and street. o On the south side of the building, parking is set back 30 feet from the property line and screened by a 15 -foot deep landscaped area. o On the east side of the building, parking is set back more than 10 feet from the property line and screened with a similar landscaping area. • The amount of parking provided on the site is not excessive given the busy commercial corridor. • Approximately 20 feet of landscaping, including S2 screening is provided along the Wade Street frontage in order to act as a screen wall, reducing views of the large area of pavement. The overall site design provides pedestrian access directly from the sidewalk on both Muscatine and First Avenues and enhances pedestrian areas along the street with landscaping to meet the goals of the Towncrest Plan. 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 development reduces driveway curb cuts along all three streets and places them further from the intersections. • The proposed site plan shows safety improvements to pedestrian areas, including colored pavers at corner intersections and for the Wade Street crosswalk as well as ADA compliant ramps at all intersections. • Pedestrian access is provided directly from the public sidewalk to the building entrances of the convenience store. • Providing parking directly adjacent to the convenience store minimizes conflict between customers walking through the fuel area. • Landscaped areas and setbacks demarcate vehicle areas from pedestrian areas. 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 with regard to setbacks, screening, improvements to pedestrian facilities, and consolidation and location of curb cuts and the following findings: • Redevelopment of the site will bring the property into closer compliance with all zoning standards as well as the design standards for the Towncrest Design District and the convenience store building is subject to Design Review for the Towncrest building standards. The Board concludes that adequate utilities, access roads, drainage and/or necessary facilities have been or are being provided based on the following findings: • The site is served by existing streets, which include stormwater drainage and all other facilities needed for this infill redevelopment. The Board concludes that adequate measures will be taken to provide designed so as to minimize traffic congestion on public streets based on placement of curb cuts and the following findings: N 0 irpjess gZegress tdro'vedu8on a,, fi c -3-G -+ 1 <r -r - ca rn or C D C)- • The City Engineer has reviewed the curb cut locations and widths and determined they are safe for ingress and egress and appropriate for circulating large trucks through the site. • Maintaining one curb cut per street frontage provides alternatives for accessing the site and for traffic to disperse so as to minimize conflicts and congestion on the street. 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: • All other aspects of the zoning code not reviewed above are part of the site plan review and building permit process. • The convenience store building is subject to Design Review and must meet the Towncrest Design standards. The Board concludes that the proposed use will be consistent with the Comprehensive Plan, including the Towncrest Redevelopment Plan, based on the following findings: • Significant landscaping and streetscape improvements as noted above. Placement of the convenience store building close to the sidewalk with direct access between sidewalks and building entrances. • The building design, materials, and all signage are subject to design review. However, the Board concludes that, given the large area of paving on the site, the proposal does not sufficiently address the sustainability goals of the Towncrest Plan, which calls for the use of indigenous and low -maintenance landscape materials as elements of green infrastructure to improve stormwater quality. The Board concludes that opportunities to address this goal include: • At the northeast comer of the paved area a storm drain is located that may provide opportunity for the development to provide some type of infiltration area. The landscaped setback along Wade Street is wide enough that this area could provide some opportunity for improving stormwater quality by cleansing water of sediments and other contaminants commonly found in the first flush of urban stormwater run-off. DISPOSITION: By a vote of 5-0 the Board approved a special exception allowing a Quick Vehicle Service Use in the Towncrest Design District, subject to the following conditions: • Substantial compliance with the site plan submitted, with the removal of three parking spaces along the Wade Street frontage. • Final approval of landscaping by the City Forester. • In consultation with the City Engineer, the applicant shall landscape the setback area along the Wade Street frontage to improve stormwater quality—mechanical filtration may be utilized as part of the plan. o • Design Review approval of the convenience store building. o m • Lighting plan must meet code standards. 2. EXC18-00004: A public hearing regarding an application Jacqueline Biger for a special exception to reduce the i D� submitted by Matt g Biger Ear principal bull, i gnnseVck o::Kz Co C) arr a property located in the Neighborhood Stabilization Residential (RNS-12) zone at 519 North Johnson Street. The Board concludes that the situation is peculiar to the property based on the following findings: • The lot is 4,000 square feet; the minimum lot area for detached single-family homes in the RNS-12 zone is 5,000 feet. • The property has a shallow lot depth of just 80 feet. The Board concludes there is practical difficulty complying with the setback requirements based on the following finding: • As a corner lot, the property must provide two front setbacks—one along each street frontage. This reduces the buildable portion of the lot, pushing the buildable area further toward the interior of the substandard lot. The Board concludes that granting the special exception will not be contrary to the purpose of the setback regulations based on the following findings: • The Northside Neighborhood was established long before current zoning standards and is characterized by small lots with non-standard setbacks, especially on the short side of the block. • Because this is a comer lot, the rear setback functions similar to a side setback in terms of its relationship to the adjacent property to the west (523 Church Street). The minimum side setback in the RNS-12 zone is 5 feet. • The property to the west has a detached garage in the area adjacent to where the proposed addition would be constructed. The subject property as well as the property to the north (525 Johnson) also have garages along the rear portion of the yard. • The rear addition would be set back 13 feet from the rear property line, which is more than sufficient for fire -fighting and fire access. The Board concludes that any potential negative effects resulting from the setback exception are mitigated to the extent practical based on the following findings: • The rear addition will be subject to historic preservation guidelines and will require approval from the Historic Preservation Commission (HPC) before a building permit may be issued for the addition. • The addition meets the side setback standard from the north property line as well as the 15 -foot front setback from the south property line, which faces onto the street. The Board finds that the proposed addition would be located 13 feet from the rear (west) property line and no less than 15 feet from the side south property line. 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 with regard to the property's relationship to adjacent properties and the following finding: • The surrounding neighborhood is characterized by small lots with densely built housing, particularly on corner lots—it is not unusual for homes in this neighborhood to have front and rear setbacks that do not meet current standards. 3� The Board concludes that adequate utilities, access roads, drainage and/or necessary facilities have been or are being provided based on the following finding: • The subject property and neighborhood is fully developed with all necessary utilities, access roads, drainage, and other facilities in place. The Board concludes that setback reduction has no impact on ingress and egress from the property. 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: • In order to build the proposed addition, the applicant must secure a minor modification to reduce the required rear open space requirement. The zoning code makes a minor modification available to comer lots, lots that are substandard in size, and lots that have usable open space available in other portions of the property. The property meets all three criteria. • Because the property is with a historic conservation overlay district and contains a contributing structure, the applicant must secure a Certificate of Appropriateness from the Historic Preservation Commission before a building permit may be issued, The Board concludes that the proposed use will be consistent with the Comprehensive Plan, as amended as the plan encourages re -investment in properties in Iowa City's established neighborhoods. DISPOSITION: By a vote of 5-0, the Board approves EXC18-00004, a special exception to reduce the rear setback requirement for the principal structure from 20 feet to 13 feet, subject to the following conditions: • The setback reduction applies to the proposed home addition only; • Substantial compliance with the submitted site plan; • The applicant must secure a Certificate of Appropriateness for the addition from the Historic Preservation Commission. • The applicant must secure a minor modification for a reduction in the rear open space requirement. 3. EXC18-00005: A public hearing regarding an application submitted by Renshaw Limited Partnership for a special exception to allow a vertical expansion of the existing building within the rear principal building setback for property located in the Community Commercial (CC -2) zone at 424 Highway 1 W. The Board concludes that the situation is peculiar to the property based on the following findings: • The subject property includes an existing building with a non -conforming rear setback adjacent to a residential zone. N • The existing building has a low ceiling height, which makes it less aff—ive!Zr future retail uses. • The applicant would like to re -use the existing building for a commerclk�3f' u—se. The Board concludes that there is practical difficulty complying with the setbaek-regWeme is based on the following findings: 'fir J s m o� 3 D`^ CO 0 • The existing building is non -conforming in terms of its rear setback. • Due to the structural configuration of the building, it is not practically feasible to raise the ceiling height on only that portion of the building that is outside the required setback. The Board concludes that granting the special exception will not be contrary to the purpose of the setback regulations based on the following findings: • The existing 15 -foot rear setback will not change. The existing setback provides for sufficient light, air, fire access, and privacy between adjacent buildings. • Increasing the height will not be contrary to the purpose of the setback regulations. • Because the increased height is not for second floor uses, the height change will not impact the privacy of rear yards on the residential property. The Board concludes that any potential negative effects resulting from the setback exception are mitigated to the extent practical based on the following finding: • In order to preserve the privacy and safety of the rear yards of the adjacent residential properties from potential changes within the rear building setback (e.g., additional rear exit doors, paving, or storage) the applicant shall provide a 6 -foot high solid fence (S5 screen) along the entire length of the rear line. The Board finds that the subject building has a setback of 15-16 feet from the rear property line; the building footprint will not change with this special exception, nor will the building setback be further reduced. 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; 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 exception will not change the use or footprint of the existing building. • The current 15 -foot setback provides adequate light, air, privacy, and fire access. • To address any changes within the rear building set back, such as additional rear exit doors, paving, or storage, the applicant shall provide a 6 -foot high solid fence S5 screen along the entire length of the rear property. The Board concludes that adequate utilities, access roads, drainage and/or necessary facilities are already being provided to the site. The Board concludes that the rear setback has no impact on ingress or egress from public streets. The Board concludes that, except for the specific regulations and standards applicable to the exception being considered, the specific proposed exception, in all other respects, conforms to the applicable regulations or standards of the zone in which it is to be located based on the following finding: • The maximum building height in the CC -2 zone is 35 feet. The existing building ic.,14 feet tall. The proposed height increase of up to 24 feet will comply with t4ie maxum height in both the residential and commercial zone. a The Board concludes that the proposed use will be consistent with the Com fthonsS Plap,� as amended, based on the following finding: „err w m 0 o 1�010 The South Central District Plan indicates that this area is appropriate for general commercial uses. DISPOSITION: By a vote of 5-0, the Board approves EXC18-00005, a special exception to allow for height increase of up to 24 feet for the existing building located at 424 Highway 1 W, subject to the following condition: • To address any changes within the rear building setback, such as additional rear exit doors, paving, or storage, the applicant shall install a 6 -foot high solid fence (S5 screen) along the entire length of the rear property line. TIME LIMITATIONS: All orders of the Board, which do not set a specific time limitation on Applicant action, shall expire six (6) months from the date they were filed with the City Clerk, unless the Applicant shall have taken action within such time period to establish the use or construct the improvement authorized under the terms of the Board's decision. City Code Section 14-8C-1 E, City of Iowa City, Iowa. �i Approved by: T. Gene Chrischilles, Chairperson 6-Cd�- 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 9th day of May, 2018, as the same appears of record in my Office. Dated at Iowa City, this 3 day of Leri 2 20) a Kellie Fruehling, City C16rk �y nnr���Tr rrA� �� CO I Il i u i i o cil,i l� o Zr c 0 911 Doc ID: 027066600010 Type: GEN Kind: AGREEMENT Recorded: 06/19/2018 at 12:11:16 PM Fee Amt: $62.00 Pape 1 of 10 Johnson County Iowa Kim Painter County Recorder 13K5800 PG972-981 STATE OF IOWA ) ) SS JOHNSON COUNTY ) � r , �r -r"III WIN a TIN 'or City Of 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.18-168 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 29th day of May 2018, all as the same appears of record in my office. Dated at Iowa City, Iowa, this i 9 1-1 day of June 2018. 2Cl�P Kellie K. Fruehling City Clerk fires 410 EAST WASHINGTON STREET • IOWA CITY, IOWA 52240-1826 • (319) 356-5000 • FAX (319) 356-5009 Prepared by: Sara Hektoen, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 Resolution No. 18-168 Resolution Approving a 28E Agreement between the City of Iowa City and the City of University Heights Regarding an Optical Fiber along Melrose Avenue. Whereas, both the City of Iowa City ("Iowa City") and the City of University Heights ("University Heights") are public agencies as defined by Section 28E.2 of the Code of Iowa (2017); and Whereas, the City of Iowa City desires to install optical fiber ducts and cable within University Heights Melrose Avenue right-of-way; and Whereas, said fiber optic infrastructure is intended to foster high speed communications between municipal traffic control facilities and data centers; and Whereas, it is mutually beneficial to both parties and the public to have an infrastructure in place to enhance the communications between Iowa City traffic control facilities, which also service traffic control devices within University Heights; and Whereas, this project shall include the extension of fiber ducts for use by University Heights at its municipal offices at 1302 Melrose Avenue; and Whereas, Iowa Code Chapter 28E (2017) permits local governmental entities to make efficient use of their resources and powers in order to provide joint services by way of a duly recorded agreement. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that: 1. The attached 28E Agreement for the installation and use of fiber optic cable within the Melrose Avenue right-of-way located within the city of University Height, Iowa, is hereby approved and the Mayor is hereby authorized to execute and the City Clerk to attest to the attached 28E Agreement. 2. The City Clerk is directed to file a copy of said agreement with the Secretary of the State of Iowa, as required by Iowa Code Chapter 28E, and to record the same with the Johnson County, Iowa Recorder. Passed and approved this 29th day of May , 2018. /:2c:� M OR ATfEST� r rr}CI�,; .CLERK U r ° ° p nC• n°Door Approved by City Attorney's Office S / i o 11,q Resolution No. Page 2 It was moved by Mims Resolution be adopted, and upon roll cal AYES: NAYS: ABSENT: x x and seconded by Botchway the there were: Botchway Cole Mims Salih Taylor Thomas Throgmorton RESOLUTION NO. 18-28 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST THE AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE CITY OF UNIVERSITY HEIGHTS PURSUANT TO IOWA CODE CH. 28E REGARDING AN OPTICAL FIBER CABLE ALONG MELROSE AVENUE WITHIN CITY OF UNIVERSITY HEIGHTS RIGHT OF WAY WHEREAS, the City of Iowa City desires to install optical fiber ducts and cable within University Heights" Melrose Avenue right-of-way; and WHEREAS, the fiber optic infrastructure is intended to foster high speed communications between municipal traffic control facilities and data centers that serve both Cities; and WHEREAS, it is mutually beneficial to both Cities and the public to have an infrastructure in place to enhance the communications between Iowa City traffic control facilities, which also service traffic control devices within University Heights; and WHEREAS, this project shall include the extension of fiber ducts for use by University Heights at its municipal offices at 1302 Melrose Avenue; and WHEREAS, Iowa Code Chapter 28E (2017) permits local governmental entities to make efficient use of their resources and powers in order to provide joint services by way of a duly recorded agreement, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY HEIGHTS, IOWA: The attached 28E Agreement Regarding Optical Fiber Cable Along Melrose Avenue is hereby approved, and the Mayor is hereby authorized to execute and the City Clerk to attest in duplicate same on behalf of the City of University Heights. Upon motion by ��kr,,e,/ and seconded by Of the vote was as follows: AYE NAY ABSENT ABSTAIN Herbold �C Maher X Miller u Moore X Quezada -�J\ Upon Roll Call thus recorded, the Resolution is declared adopted this 12th day of June, 2018. � /y ��Z L is�From, Mayor ATTEST: d" l Christine M. Anderson, City Clerk UH — Resolution No. 18-28 re 28E with IC for fiber optic cable 06 12 18 ':�' CHAPTER 28E AGREEMENT BETWEEN THE CITY OF IOWA CITY, IOWA AND THE CITY OF UNIVERSITY HEIGHTS, IOWA REGARDING AN OPTICAL FIBER CABLE ALONG MELROSE AVENUE This Agreement is made and entered into by and between the City of Iowa City, Iowa, a municipal corporation (herein after 'Iowa City"), and the City of University Heights, Iowa, a municipal corporation (herein after "University Heights"), sometimes collectively referred to as 'Parties". WHEREAS, the City of Iowa City desires to install optical fiber ducts and cable within University Heights Melrose Avenue right-of-way; and WHEREAS, said fiber optic infrastructure is intended to foster high speed communications between municipal traffic control facilities and data centers; and WHEREAS, it is mutually beneficial to both parties and the public to have an infrastructure in place to enhance the communications between Iowa City traffic control facilities, which also service traffic control devices within University Heights; and WHEREAS, this project shall include the extension of fiber ducts for use by University Heights at its municipal offices at 1302 Melrose Avenue; and WHEREAS, Iowa Code Chapter 28E (2017) permits local governmental entities to make efficient use of their resources and powers in order to provide joint services by way of a duly recorded agreement. NOW, THEREFORE, in consideration of their mutual promises herein, the Parties agree as follows. 1. No separate legal or administrative entity is created herein. 2. In exchange for the mutual promises made herein, University Heights hereby grants Iowa City the following rights: a. to install, maintain, inspect, protect, repair, replace and retain three fiber optic ducts and fiber optic communications system in, under, upon, along and across the Melrose Avenue right-of-way in locations shown on plans approved by the University Heights City Engineer in accordance with Paragraph 3 below; b. to temporarily close the right-of-way for the purpose of exercising the rights granted herein, in accordance with the terms of this Agreement and any permit required by University Heights for such work. 3. In exchange for the rights granted to Iowa City herein, Iowa City agrees to: a. Provide, keep in place, and maintain in good working condition certain fencing and signage necessary to i) route pedestrians through or around the closure area as approved by University Heights during construction; ii) provide advance warning; iii) provide for the orderly, predictable and ADA accessible movement of pedestrian traffic. All signage shall be in accordance with the Federal Highway Administration Manual on Uniform Traffic Control Devices. 4. Before commencing any installation or major repair work of its fiber optic communications system, Iowa City shall file with the University Heights City Engineer a written statement verifying the public property under which or upon which Iowa City proposes to install or repair its system. The University Heights City Engineer may 3\ require the statement be accompanied by a map, plan or specifications showing the proposed location of the system components with references to streets and alleys, existing public utilities, the size and dimensions of all facilities, and the distance above or beneath the surface of the ground proposed for repair or installation. If the proposed locations of any facilities shall interfere with the reasonable and proper use, construction, reconstruction and maintenance of any public improvements or any existing University Heights -owned public utility system component, or other structure upon or under public property, the University Heights City Engineer shall, within reasonable time after the filing of such plan, map or specifications, note the changes necessary to eliminate interference and refer the same back to Iowa City for modification to the plans. Such map, plan, or specifications, when properly modified, shall be filed in the office of the University Heights City Clerk; and after the approval of same by the University Heights City Engineer, a permit shall be issued authorizing Iowa City to proceed in accordance with the approved maps, plans, or specifications. No such excavation, construction or erection shall be commenced before the issuance of the permit herein provided for unless it is an emergency as described in Section 5. All work performed by Iowa City shall be in accordance with the approved maps, plans or specifications. 5. Nothing herein shall be construed to prevent emergency excavations that may be necessary for the immediate preservation of life or property. The person making such emergency excavation shall apply to the University Heights City Engineer for a permit on the first working day after such work is commenced. 6. The fiber optic cable systems and other components of the facilities erected by Iowa City pursuant to this Agreement shall conform to established grades of streets, alleys and sidewalks, and be so located as to cause minimum interference with the rights or reasonable convenience of property owners who adjoin public property. 7. Iowa City shall conduct its work hereunder in such manner as to cause as little interference as possible with pedestrian and vehicular traffic, and shall abide by scheduling directions, if any, given by the University Heights City Engineer. 8. Iowa City shall be responsible for the removal, storage, and replacement of items located within the right-of-way which could be damaged in the course of exercising its rights granted herein. Items may include, but are not limited to, parking meters, tree grates, benches, electrical services, trees, and brick pavers. If it is necessary to relocate traffic control signage, the relocation shall be coordinated with University Heights City Engineer. 9. After construction or maintenance activities are completed, Iowa City shall restore any and all portion of the sidewalk and right-of-way to University Height's complete satisfaction, including but not limited to street pavement, curb and sidewalk repair. 10. Upon completion of the work, Iowa City shall promptly furnish to University Heights copies of "as -built" plans related to its facilities located on public property. Iowa City shall keep complete and accurate maps and records of the locations and operations of its facilities including buried abandoned facilities, in connection with this Agreement. 11. Upon request, Iowa City agrees to assist in locating underground facilities which are part of its system. Such assistance will be provided in a timely manner, but not more than forty-eight (48) hours after the time of request. As a condition of this Agreement Iowa Clty shall enroll as a member of the "Iowa One -Call System" and shall respond to all 3' requests and notifications placed to the toll-free "One -Call" number 12. Other than typical cable maintenance, all changes and modifications affecting the route of the optical fiber cable within University Heights' right-of-way must be approved by University Heights in writing prior to proceeding with the change. The written notification to change must include the description of the work and the company and contact actually providing the work. In tum, University Heights will notify Iowa City in writing when University Heights' plans to make changes affecting the optical fiber cable and its route. 13. The parties agree that the optical fiber cable will be the sole property of Iowa City. Maintenance of the optical fiber cable is the sole responsibility of Iowa City, its successors, designees, or assigns. All costs affecting changes and maintenance of the optical fiber cable including but not limited to, permits, utility pole attachments, utility pole attachment fees, damage repair costs, etc., remain the sole responsibility of Iowa City. 14. Both parties acknowledge nothing herein limits Iowa City's ability to allow use of the fiber optic conduits by other parties, including the University of Iowa, for public purposes. Should Iowa City desire to allow use of the fiber optic conduits, Iowa City shall obtain consent from the University Heights City Manager, which consent shall not be unreasonably withheld. In the event that University Heights desires to use, install or own fiber optic cable within the ducts, such use would be subject to a separate agreement. 15. Parties agree this Agreement shall be for a period of ten (10) years from May 30, 2018, and that this Agreement shall be automatically renewed for additional periods of ten (10) years each, on the same terms and conditions outlined herein, unless either party gives the other party written notice to terminate the agreement sixty (60) calendar days prior to November 15 of each renewal year. However, this Agreement shall not extend beyond November 15, 2029, without review and re-execution of a new agreement, together with re-recording of said updated agreement. 16. Parties hereto acknowledge that this Agreement shall conform to the requirements of Chapter 28E, Code of Iowa (2017); and that this Agreement, as such, be in force and effect only after execution by the City Councils of Iowa City and University Heights, upon filing with the Secretary of State of the State of Iowa, and upon this Agreement being duly recorded with Johnson County Recorder's Office, Johnson County, Iowa. 17. In the event that Iowa City needs to enter private property to install or maintain the fiber optic ducts and conduits, Iowa City shall be solely responsible for acquiring any such property rights, including the payment of any compensation due. To that end, in the event that permanent right-of-way is needed, Iowa City shall acquire said property in the name of and for the benefit of University Heights. 18. Neither party hereto is entitled to any compensation arising from this Agreement. 19. Iowa City covenants to indemnify, defend and save University Heights and its officers, agents and employees, harmless from any and all damages arising directly from the exercise of the rights granted herein. Iowa City agrees to require contractors and subcontractors engaged in work for Iowa City within the public right-of-way or public property to maintain insurance coverage during the term of their work and to provide University Heights with certificates of insurance satisfactory to University Heights. 20. University Heights will not, by ordinance or otherwise, vacate any street, alley or public property in which Iowa City has installed its facilities without reserving such rights as necessary to allow continued use of such property for the said facilities in accordance ?J � with the terms of this Agreement. 21. This Agreement shall be recorded in the Johnson County Recorder's Office, at Iowa City's expense. Dated this 29th day of CITY OF IOWA CITY, IOWA r04i1 CITY OF UNIVERSITY HEIGHTS By: By:4 James A. Throgmorton, Magor Louise From, Mayor Attest: Kellie K. ,ruehling,CityJerk Approved by: City Attorney's Office CORPORA I A� STATE OF IOWA COUNTY OF JOHNSON Attest: � IL, ir/. J, tel, Chris Anderson, City Clerk IOWA CITY ACKNOWLEDGEMENT On this '�P+h day of 114 W , 209bere.me a Notary Public in and for said County, personally appeared �"` and I'� FrUehli , to me personally known, who being duly sworn, did say t at�they are the Mayor and Cify Clerk, respectively of the City of Iowa City, Iowa, a Municipal Corporation, created and existing under the laws of the State of Iowa, and that the seal affixed to the foregoing instrument is the seal of said Municipal Corporation, and that said instrument was signed and sealed on behalf of said Municipal Corporation by authority and resolution of its City Council and said Mayor and City Clerk acknowledged said instrument to be the free act and deed of said Municipal Corporation by it voluntarily executed. •� CHRISTINE OLNEY _ Commission Number 808232 Notary Public in and for the a of Iowa * • • • * My Commis 'on xpires Tovin CITY OF UNIVERSITY HEIGHTS ACKNOWLEDGEMENT STATE OF IOWA COUNTY OF JOHNSON On this day of ►M G , 20 before me a Notary Public in and for said County, personally appeare Leu'se As, and t:1,AW.ygr M.A.J&SLL to me personally known, who being duly sworn, did say that they are the Mayor and City Clerk, respectively of the City of University Heights, Iowa, a Municipal Corporation, created and existing under the laws of the State of Iowa, and that the seal affixed to the foregoing instrument is the seal of said Municipal Corporation, and that said instrument was signed and sealed on behalf of said Municipal Corporation by authority and resolution of its City Council and said Mayor and City Clerk acknowledged said instrument to be the free act and deed of said Municipal Corporation by it voluntarily execr{ted. Notary Public in and for the State of Iowa STEVEN E. BALWRD o `oM fF Cpmmission slo �r p' 7�5 � rt� M �0 - 1 3� IIIIIIIII�IIIIIIIIIIIIIIIIIIIIIII�IIIIIIIIII�IIIIIIIIIIIIIIIIIIIIIIIIIIIIII PEE Doc ID: 027087830013 Type: GEN Kind: ORDINANCE Recorded: 07/06/2018 at 09:45:12 AM Fee Amt: $67.00 Pepe 1 of 13 Johnson County Iowa Kim Painter County Recorder BK5810 PA -16 a r 1 ��.:.®fir t -- a&I A & 'od My of; arlp C1 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.18-4760 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 3rd day of July 2018, is a true and correct copy, all as the same appears of record in my office. Dated at Iowa City, Iowa, this 5-4-J-' day of July 2018. Kellie K. Fruehling City Clerk \ord 410 EAST WASHINGTON STREET • IOWA CITY, IOWA 52240-1826 • (319) 356-5000 • FAX (319) 356-5009 1,v r"l�1 Prepared by: Sylvia Bochner, Planning Intern, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5240 (REZ18-00002) Ordinance No. 18-4760 An ordinance conditionally rezoning approximately 1.89 acres from Planned Development Overlay/High Density Single Family (OPD/RS- 12) zone to Low Density Multifamily (RM -12) zone for the property located at 1705 Prairie Du Chien Road. (REZ18-00002) Whereas, the applicant, Ross Nusser, has requested a rezoning of property located at 1705 Praire Du Chien Road from Planned Development Overlay/High Density Single Family (OPD/RS-12) zone to Low Density Multifamily Residential (RM -12) zone; and Whereas, the Comprehensive Plan indicates that if this property redevelops, multi -family housing would be appropriate to maintain a mix of housing in the area; 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 housing relocation assistance for the current residents of the mobile home park; limits on building height and the number of 3 -bedroom units; Design Review approval to ensure compatibility with the neighborhood; and a requirement for outdoor amenities to attract longer term residents; 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/High Density Single Family (OPD/RS-12) to Low Density Multifamily Residential (RM - 12): Commencing at the Northeast comer of Section 3, Township 79 North, Range 6 West of the P.M.; thence North 88031' West 689.3 feet to the centerline of the Prairie du Chien Road and the place of beginning; thence North 88041' West 36.6 feet to a iron pin on the road right of way line; thence continuing North 88041 ' West 637.4 feet to an iron pin at the Northwest comer of the tract; thence south 1 007' East 162.9 feet to an iron pin at the Southwest comer of the tract; thence south 88025' East 710.6 feet to an iron pin on the Westerly road right of way line; thence continuing South 88025' East 38.8 feet to the centerline of the said Prairie du Chien Road; thence North 30003' West 57.5 feet along the centerline of the road; thence Northerly 128.0 feet along a 573.7 foot radius curve concave Easterly to the place of beginning. Excepting therefrom any part of said premises conveyed to the State of Iowa by Warranty Deed recorded in Book 254, Page 62, Deed Records of Johnson County, Iowa. Also excepting therefrom the following described tract: Commencing at the Northeast comer of Section 3, Township 79 North, Range 6 West of the 5R P.M., thence North 880 13' West 689.3 feet to the centerline of the Prairie du Chien Road; thence Southerly 99.9 feet along a 573.7 foot radius curve concave Easterly to the place of beginning; thence North 88°27' West ,V 7j Ordinance No. 18-4760 Page 2 38.6 feet to an iron pin on the road right of way line; thence continuing North 88027' West 190.2 feet to an iron pin; thence South 1 055' West 72.0 feet to an iron pin; thence South 88025' East 232.6 feet to an iron pin on the road right of way; thence continuing South 88025' East 38.8 feet to the centerline of the Prairie du Chien Road; thence North 30003' West 57.5 feet along the centerline of said road; thence Northerly 28.1 feet along a 573.7 foot radius curve concave Easterly to the place of beginning. Also excepting a portion of the Northwest Quarter of the Northeast Quarter and a portion of the Northeast Quarter of the Northeast Quarter of Section 3, Township 79 North, Range 6 West of the Fifth Principal Meridian, Iowa City, Johnson County, Iowa, the boundaries of which are described as follows: Commencing at the North quarter corner of Section 3, Township 79 North, Range 6 West of the Fifth Principal Meridian, Iowa City, Johnson County, Iowa; Thence N89030'00"E, along the North line of the Northeast Quarter of said Section 3, a distance of 1279.40 feet to the point of beginning; Thence continuing N89030'00"E, along said North line, 224.59 feet; thence Southwesterly, 1 14.62 feet, along an arc of a 367.00 foot radius curve, concave Southeasterly, whose 1 14.15 foot chord bears S42040'40"W; Thence S33043'51 "W, 97.64 feet; Thence S89028'1 5"W, 100.53 feet; Thence NO3 ° 14'55"W, 143.55 feet; Thence N37002'18"E, 26.03 feet to a point on said North line of the Northeast Quarter and said point of beginning, containing 0.61 acres. AND Commencing at the Northeast corner of Section 3, Township 79 North, Range 6 West of the 5�h P.M., thence North 880 13' West 689.3 feet to the centerline of the Prairie du Chien Road; thence Southerly 99.9 feet along a 573.7 foot radius curve concave Easterly to the place of beginning; thence North 88027' West 38.6 feet to an iron pin on the road right of way line; thence continuing North 88°27' West 190.2 feet to an iron pin; thence South 1 055' West 72.0 feet to an iron pin; thence South 88025' East 232.6 feet to an iron pin on the road right of way line; thence continuing South 88025' East 38.8 feet to the centerline of the Prairie du Chien Road; thence North 30°03' West 57.5 feet along the centerline of said road; thence Northerly 28.1 feet along a 573.7 foot radius curve concave Easterly to the place of beginn ing. Excepting therefrom any part of said premises conveyed to the State of Iowa by Warranty Deed recorded in Book 254, Page 62, Deed Records of Johnson County, Iowa. 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, 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 Vl. 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. �w Ordinance No. 18-4760 Page 3 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 July 12018 MAYOR C09POK Rk Ordinance No. 18-4760 Page 4 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 ABSENT: x First Consideration 05/29/2018 Voteforpassage: AYES: Mims, NAYS: Cole. ABSENT: Salih. Second Consideration _ Vote for passage: Botchway Cole Mims Salih Taylor Thomas Throgmorton Taylor, Thomas, Throgmorton, Botchway. Date published 07/12/2018 Moved by Mims, seconded by Taylor, that the rue 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, Botchway, Cole. NAYS: None. ABSENT: Salih. Prepared by: Eleanor M. Dilkes, City Attorney, 410 E. Washington, Iowa City, IA 52240 (319) 356-5240 (REZ18-00002) Conditional Zoning Agreement This agreement is made between the City of Iowa City, Iowa, a municipal corporation (hereinafter "City"), Patricia C. Vangerpen and Peter Vangerpen (referred to collectively hereinafter as "Owner'); Hawkeye Trailer Court, LLC (referred to hereinafter as "Contract Purchaser') and Ross Nusser (referred to herein as "Applicant"). Whereas, Owner is the legal title holder and Contract Purchaser is the equitable title holder of approximately 1.89 acres of property located at 1705 Prairie du Chien Road in Iowa City; and Whereas, the Applicant has requested the rezoning of said property from Planned Development Overiay/High Density Single Family Residential (OPD/RS-12) to Low Density Multifamily Residential (RM -12); and Whereas, the Planning and Zoning Commission has determined that, with appropriate conditions regarding relocation assistance for mobile home residents who will be displaced upon redevelopment, building size and design, provision of outdoor amenities, and the number of 3 -bedroom units, 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 directly caused by the requested change; and Whereas, the Owner, Contract Purchaser and Applicant acknowledge that certain conditions and restrictions are reasonable to ensure the development of the property is consistent with the Comprehensive Plan, compatible with the surrounding neighborhood and done in a manner that mitigates the impact on existing residents; and Whereas, the Owner, Contract Purchaser and Applicant agree to develop this property in accordance with the terms and conditions of a Conditional Zoning Agreement. Now, therefore, in consideration of the mutual promises contained herein, the parties agree as follows: 1. Owner is the legal title holder and Contract Purchaser is the equitable title holder of of the property legally described as Commencing at the Northeast comer of Section 3, Township 79 North, Range 6 West of the P.M.; thence North 88031' West 689.3 feet to the centerline of the Prairie du Chien Road and the place of beginning; thence North 88041' West 36.6 feet to a iron pin on the road right of way line; thence continuing North 88041 ' West 637.4 feet to an iron pin at the Northwest comer of the tract; thence south 1 007' East 162.9 feet to an iron pin at the Southwest comer of the tract; thence south 88025' East 710.6 feet to an iron pin on the Westerly road right of way line; thence continuing South 88025' East 38.8 feet to the centerline of the said Prairie du Chien Road; thence North 30003' West 57.5 feet along the centerline of the road; thence ppaadWagVrez18- o2m(00z).ao"(im5pranaduWen).dw 1 3 Northerly 128.0 feet along a 573.7 foot radius curve concave Easterly to the place of beginning. Excepting therefrom any part of said premises conveyed to the State of Iowa by Warranty Deed recorded in Book 254, Page 62, Deed Records of Johnson County, Iowa. Also excepting therefrom the following described tract: Commencing at the Northeast comer of Section 3, Township 79 North, Range 6 West of the 5" P.M., thence North 880 13' West 689.3 feet to the centerline of the Prairie du Chien Road; thence Southerly 99.9 feet along a 573.7 foot radius curve concave Easterly to the place of beginning; thence North 88027' West 38.6 feet to an iron pin on the road right of way line; thence continuing North 88027' West 190.2 feet to an iron pin; thence South 1 055' West 72.0 feet to an iron pin; thence South 88025' East 232.6 feet to an iron pin on the road right of way; thence continuing South 88025' East 38.8 feet to the centerline of the Prairie du Chien Road; thence North 30003' West 57.5 feet along the centerline of said road; thence Northerly 28.1 feet along a 573.7 foot radius curve concave Easterly to the place of beginning. Also excepting a portion of the Northwest Quarter of the Northeast Quarter and a portion of the Northeast Quarter of the Northeast Quarter of Section 3, Township 79 North, Range 6 West of the Fifth Principal Meridian, Iowa City, Johnson County, Iowa, the boundaries of which are described as follows: Commencing at the North quarter corner of Section 3, Township 79 North, Range 6 West of the Fifth Principal Meridian, Iowa City, Johnson County, Iowa; Thence N89030'00"E, along the North line of the Northeast Quarter of said Section 3, a distance of 1279.40 feet to the point of beginning; Thence continuing N89030'00"E, along said North line, 224.59 feet; thence Southwesterly, 1 14.62 feet, along an arc of a 367.00 foot radius curve, concave Southeasterly, whose 1 14.15 foot chord bears S42040'40"W; Thence S33043'51"W, 97.64 feet; Thence S89028'1 5"W, 100.53 feet; Thence NO3 014'55"W, 143.55 feet; Thence N37002'18"E, 26.03 feet to a point on said North line of the Northeast Quarter and said point of beginning, containing 0.61 acres. -",in 1111 Commencing at the Northeast corner of Section 3, Township 79 North, Range 6 West of the 5U P.M., thence North 88013' West 689.3 feet to the centerline of the Prairie du Chien Road; thence Southerly 99.9 feet along a 573.7 foot radius curve concave Easterly to the place of beginning; thence North 88027' West 38.6 feet to an iron pin on the road right of way line; thence continuing North 88027' West 190.2 feet to an iron pin; thence South 1 055' West 72.0 feet to an iron pin; thence South 88025' East 232.6 feet to an iron pin on the road right of way line; thence continuing South 88025' East 38.8 feet to the centerline of the Prairie du Chien Road; thence North 30003' West 57.5 feet along the centerline of said road; thence Northerly 28.1 feet along a 573.7 foot radius curve concave Easterly to the place of beginning. Excepting therefrom any part of said premises conveyed to the State of Iowa by Warranty Deed recorded in Book 254, Page 62, Deed Records of Johnson County, Iowa. 2. The Owner, Contract Purchaser and Applicant acknowledge that the City wishes to ensure conformance to the principles of the Comprehensive Plan and the North District plan. Further, the parties acknowledge that Iowa Code §414.5 (2017) provides that the City of Iowa City may impose reasonable conditions on granting a rezoning request, over ppdadMagVmz18-00002=(002)Ad (1705 prattle du chin).d. 2 ^� and above the existing regulations, in order to satisfy public needs directly caused by the requested change. 3. In consideration of the City's rezoning the subject property, Owner, Contract Purchaser 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. Approval by the City's staff design review committee in accordance with the guidelines of Title 14, Chapter 3C of City Code. b. An outdoor amenity, which shall be approved by City as part of the design review. c. Three (3) bedroom units shall not exceed thirty percent (30%) of all dwelling units in the project; and d. No multi -family structure shall exceed two (2) stories in height 4. In addition to the requirements of paragraph 3 above, and as further consideration of the City's rezoning of the subject property, Owner, Contract Purchaser and Applicant agree to comply with the following Resident Transition Plan (RTP) with regard to the residents of Hawkeye Trailer Court: a. Notice of redevelopment shall be provided to each tenant of the property, which notice shall provide a period of transition of at least nine (9) months from the date of the City's final approval for the rezoning ("transition period"), to permit residents adequate time to relocate to alterative housing arrangements. Notice shall be provided by regular mail, certified mail, and posting on the front door of the manufactured home. b. The RTP is limited to tenants who are residents of Hawkeye Trailer Court on the date of the City's final approval of the rezoning. The RTP shall be provided on a per household basis and there is only one household per manufactured home. Tenants evicted for good cause are not eligible for the RTP. A list of all the names and addresses of all eligible tenants shall be provided to the City within 10 days of final approval of the rezoning. c. Each household shall receive a goodwill payment of $2,000 upon voluntary termination of tenancy and vacation of the premises. d. In order to receive the goodwill payment of $2,000, tenants will be required to: i) voluntarily terminate their tenancy; and ii) vacate the premises as provided herein. Payment shall be provided within 10 days after the household has vacated the premises. e. Tenants can choose to either i) transfer title to their manufactured home to the landlord and leave their mobile home on the site at the end of the transition period, in which case the landlord will pay all disposal costs; or ii) remove and relocate their. manufactured home from the site at the end of the transition period, in which case the tenant will be responsible for all costs and liability. If the tenant fails to exercise either option, the owner/contract purchaser will need to exercise ppdadMagVmz18-000D2=(002).docom prairie du chien).doc 3 1�w its rights under Chapter 5628. 5. The Owner, Contract Purchaser, 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 directly caused by the requested zoning change. 6. The Owner, Contract Purchaser, Applicant and City acknowledge that in the event the subject property is transferred, sold, redeveloped, or subdivided, all redevelopment will conform with the terms of this Conditional Zoning Agreement. 7. The parties acknowledge that this Conditional Zoning Agreement shall be deemed to be a covenant running with the land and with title to the land, and shall remain in full force and effect as a covenant with title to the land, unless or until released of record by the City of Iowa City. The parties further acknowledge that this agreement shall inure to the benefit of and bind all successors, representatives, and assigns of the parties. 8. The Owner, Contract Purchaser and Applicant acknowledge that nothing in this Conditional Zoning Agreement shall be construed to relieve the Owner, Contract Purchaser or Applicant from complying with all other applicable local, state, and federal regulations. 9. The parties agree that this Conditional Zoning Agreement shall be incorporated by reference into the ordinance rezoning the subject property, and that upon adoption and publication of the ordinance, this agreement shall be recorded in the Johnson County Recorder's Office at the Applicant's expense. ppda0rrVa8Vrez1M0002 o (002).dw(1705 praida du chim).dm 4 O0 [City of Iowa City, Iowa's Signature Page to Conditional Zoning Agreement regarding 1705 Prairie Du Chien Road, Iowa City, Iowa] Dated this 3rdday of July , 2018. CITW7. T� ;rJqi&s Thro�mgytori, Ma or "Attest:;. Ke ie'Ftuehjing,. Clerk /f f1r. 0n y City Attorney's Office CITY OF IOWA CITY ACKNOWLEDGEMENT: STATE OF IOWA ) ) ss: JOHNSON COUNTY ) ro�ar�s� This instrument was acknowledged before me on 3pi , 2018 by James Throgmorton and Kellie Fruehling as Mayor and City Clerk, respectively, of the City of Iowa City. Notary Public in and for the State of Iowa (Stamp or Seal) WOC—HRISTI NE OLNEY MY Title (and Rank) My commission expires: q161 ppdadMagVmz18-00002=(002).dac(1705 preide du cW.).dac 5 L [Owners' Signature Page to Conditional Zoning Agreement regarding 1705 Prairie Du Chien Road, Iowa City, Iowa] OWNERS Peter Van Gerpen 4. ��� Patricia C. Van Gerpen STATE OF IOWA ) ) ss: JOHNSON COUNTY ) MARK JAMES PATERNO ` x Notarial Seal - IOWA OM" Commission No. 779477 My Commission Expires July 22, 2016 This instrument was acknowledged before me on 779p'—, 2018 by Peter Van Gerpen. Notary Public in and for the State of Iowa (Stamp or Seal) Title (and Rank) My commission expires: STATE OF IOWA ) ) ss: JOHNSON COUNTY ) This instrument was acknowledged before me on�z Z9', 2018 by Patricia C. Van Gerpen. a MARK JAMES PATERNO Notarial Seal - IOWA Commission No. 779477ommisslon Expires July 22, 2016 Notary Public in and for the State of Iowa (Stamp or Seal) Title (and Rank) My commission expires: ppdatlMagVrezlBW002m(002).dm(1705 pminedu Olen).dm 13 5, L--- [Contract Purchaser's Signature Page to Conditional Zoning Agreement regarding 1705 Prairie Du Chien Road, Iowa City, Iowa] CONTRACT PURCHASER Hawkeye Trailer Court, LLC B ? Susan R. Moore, Manager By: Curtis H. Moore, Manager STATE OF IOWA ) ) ss: JOHNSON COUNTY ) This instrument was acknowledged before me on 114,417Q , 2018 by Susan Q Moore, as Manager of Hawkeye Trailer Court, LLC. ffM3PATERNOl - IOWA Notary Public inand for the State of Iowa o. 779477 July 22, 2016 (Stamp or Seal) Title (and Rank) My commission expires: STATE OF IOWA ) ) ss: JOHNSON COUNTY ) This instrument was acknowledged before me on 018 by Curtis H. Moore, as Manager of Hawkeye Trailer Court, LLC. MARK JAMES PATERN0 Nota Public in and for the State of Iowa Notarial Seal - IOWA Notary MA Commission No. 779477 My Commission Expires July 22, 2016 (Stamp or Seal) Title (and Rank) My commission expires: ppdatlMagVrez18-00002=(002).ew(1705 pralfle du chien).Ew / 3v [Applicant's Signature Page to Conditional Zoning Agreement regarding 1705 Prairie Du Chien Road, Iowa City, Iowa] APPLICANT Ross Nusser STATE OF IOWA ) ) ss: JOHNSON COUNTY ) This instrument was acknowledged before me on 2018 by Ross Nusser. kn��9 No P lic in and or the State of Iowa , (Stamp or Seal) Jp Title (and Rank) My commission expires: '7)31:o NOTANAL SEAL ppdadMagVrmIM0002=(002).Ecc(1705 pralne du chlen).dw 8 3v Fee DocID: 027140900006 Type: GEN K1nc! DECISION Prepared by Sarah Walz, Associate Planner, 410 E. Washington, Iowa City, IA 52240; 319/356-5230 FeeoAmta $32/00/Pape Ste036D3:27 P Johnson County Iona DECISION Kim Painter county Recorder IOWA CITY BOARD OF ADJUSTMENT RK5831 PG140-145 WEDNESDAY, AUGUST 8, 2018 EMMA J. HARVAT HALL MEMBERS PRESENT: T. Gene Chrischilles, Tim Weitzel, Connie Goeb, Ryan Hall MEMBERS ABSENT: Bryce Parker STAFF PRESENT: Sue Dulek, Sarah Walz, OTHERS PRESENT: Badrik Kuku, Kirsten Frey, Brian Skay, Dawn Skay SPECIAL EXCEPTION ITEMS: 1. EXC18-00006: A public hearing regarding an application submitted by the Sudanese Community Center to locate a General Community Service use in the Intensive Commercial (CI -1) zone at 536 Southgate Avenue. The Board concludes that the proposed use, as described in the application, will not significantly alter the overall character of the zone and will not inhibit future development of uses for which the zone is primarily intended based on the following findings: • The applicant's statement indicates that the principal use of the property will be for classes and community outreach to assist new immigrants and refugees with settlement in the area. Large events and general assembly are not proposed as part of the use. The property meets the minimum parking requirement of 7 spaces for the community service use based on the square footage of the building: 1 space per 300 square feet of building area. Two additional spaces could be stacked along the drive east of the building. Parking is sufficient for proposed small group uses. 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 use of the property will be largely indoors. Meetings and classes that generally take place in the evenings or on weekends when adjacent commercial uses are not active. • The outdoor area to the rear of the building is fenced on two sides, providing separation and security from outdoor storage areas on the adjacent sites. • With fencing around the perimeter of this area (north, east, and west sides), otherwise incompatible uses will be separated. The fence will discourage trespass on to adjacent CI -1 properties where outdoor storage of materials and vehicles are a common use. • Large group events will not take place on the property. o 0 0 -gin D -- c M o ::a `S ip v O 33 The Board concludes that the proposed use 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: • Because the outdoor area is surrounded by repair and contractor uses which may be incompatible with outdoor activities in terms of safety, especially activities that involve children, a 6 -foot high fence to enclose the back yard (east, west, and north sides) must be installed. The Board concludes that the proposed use 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 use of the property will be largely indoors. Meetings and classes that generally take place in the evenings or on weekends when adjacent commercial uses are not active. The outdoor area to the rear of the building is fenced on two sides, providing separation and security from outdoor storage areas on the adjacent sites. • With 6 -foot high fencing around the perimeter of this area (north, east, and west sides), otherwise incompatible uses will be separated. The fence will discourage trespass on to adjacent CIA properties where outdoor storage of materials and vehicles are a common use. • Large group events will not take place on the property. The Board concludes that all necessary utilities and other facilities (streets, sidewalks, storm drainage) are already in place for this property and the neighborhood. The Board concludes that adequate measures have been or will be taken to provide ingress or egress designed so as to minimize traffic congestion on public streets based on the following findings: • Southgate Avenue and Boyrum Street have pavement widths of 36 feet. • Given the limited size of the parking area and use of the property, which is typically on evenings and weekends, the amount of traffic to the site will not create congestion on the public streets. 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: • Bicycle parking is currently lacking on the property and must be provided. Based on the parking requirements in Section 14-5A-2 of the zoning code, four bicycle parking spaces must be provided. 0 • The parking area is non-compliant with regard to setbacks and scroning. Powever, the parking area is too small to meet the standard and provide the i6i}nu parkin requirement based on the square footage of the building. The Board concludes that the proposed use will be consistent with the ComprQtqA—sivg,PlanJ'q amended based on the following findings: o_U s • The Comprehensive Plan supports the provision of community servos in areas wit appropriate pedestrian and bus access. Bus service is provided along SouttS3ate Ave. by the Broadway, Lakeside, and Cross Park routes. The Broadway and Lakeside routes both provide evening and weekend service. Sidewalks are in place throughout the neighborhood, connecting the property to nearby residential neighborhoods and bus stops. DISPOSITION: By a vote of 3-1 the Board approves EXC18-00006, an application for a General Community Service Use in the Intensive Commercial (CI -1) zone at 536 Southgate Avenue, subject to the following conditions: • No Large gatherings (defined as more than 40 persons) may be held on the property. • A 6 -foot fence must be installed to enclose the open space to the rear of the building (east, west, and north sides). • Installation of required bicycle parking (4 spaces). • Restriping of the parking area to provide 7 parking spaces. 2. EXC00-00007: A public hearing regarding an application submitted by Public Space 1 for a special exception to allow 2,900 sq. ft. of retail space and a reduction in the minimum off-street parking requirement for property located in the Mixed Use (MU) at 117 N. Van Buren St. The Board concludes that the increased floor area will be supportable primarily by residents of the surrounding area based on the following findings: • The application is for an increase of 500 square feet over the maximum floor area permitted. The relatively small increase of floor area is not anticipated to generate significant additional traffic. • The location of the property is close to campus and the Downtown, and within a dense residential area with a large student population. The Board concludes that the proposed exception will be consistent with the stated intent of the MU zone based on the following findings: • The proposed use will be of a relatively low intensity compared to traditional retail uses. The applicant states that the ground floor will be open only for about 12 hours per week for meetings and access to the common areas and CAS. • Although the applicant intends to host occasional early evening events each month, this use is not expected to generate a substantial amount of coming and going during traditional 9:00 -5:00 business hours. • The area in which the use is to be located provides a transition between the commercial and high-density residential character of the nearby Downtown and Northside Marketplace and the lower scale residential neighborhoods to the east. • The very limited nature of the particular use proposed in terms of "customer" traffic and hours of operation help to ensure that the activities do not detract from nearby residential uses or from the more traditional retail located on nearby properties. • By preserving the historic single-family house, the use maintains a residential character and reflects the established transition between commercial development and residential areas. The Board concludes that the specific use has unique characteristics such that the number of parking spaces required is excessive or will reduce the ability to use or occupy a historic property in a manner that will preserve or protect its historic, aesthetic, or cStlturaiYwributes based on the following findings: o m C= -1C7 W C r- M 7>� o • The proposed use is unique in that it will not operate like a traditional retail storefront where customers are coming and going throughout the day. Its regularly scheduled hours of operation amount to roughly 12 per week according to the application. • The principal use of the property will be as studio space. Artist studios are likely to be used on an irregular basis rather than on a traditional 9:00-5:00 business schedule and are unlikely to be occupied during the same hours on routine basis. • A statement from the representative for the applicant and property owner indicated that the house is not eligible for a rental permit and that factors such as its location along a busy alley and limited yard space substantially reduce the market as an owner - occupied property. Therefore the use proposed use is a viable alternative for preserving the historic structure. • The application indicates that the site will be used occasionally for special events (gallery presentations, readings, fundraisers), anticipated to draw a few dozen guests at a time. These infrequent events are expected to be the largest gatherings at the space and the most likely to draw visitors from outside a walkable distance. • On -street parking, including metered parking is available, and the property is located 2 and one-half blocks from a public parking garage. • The property is in a particularly walkable area of the city: near Downtown, close to campus, and within a high-density mixed-use neighborhood that is well served by bike facilities and transit routes. 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 use as studio space, art gallery, reading and archive room, and office are not uses that carry with them a high potential for danger, health concerns, or public nuisance. The proposed artist studios will involve low -impact media, meaning no kilns, heavy presses, torches, or toxic processes that require special ventilation. The Board concludes that the specific proposed exception will not be injurious to the use and enjoyment of the 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 based on the following findings: • The proposed use will function on a somewhat irregular basis with artist studios being the principal use. Group events and classes will be occasional uses and not of an intensity or scale to generate significant traffic. • The property is in a particularly walkable area of the city: near Downtown, close to campus, and within a high-density mixed-use neighborhood that is well served by bike facilities and transit routes. • As the proposed exception is a relatively small expansion of the allowed square footage and will not change the existing single-family residential structure, it should not impeded the orderly development and improvement of the surrounding properties for uses allowed in the MU zone. • Given the nature of the specific use as described above, and the limited traffic it is anticipated to generate, the reduction in parking should not impact adjacent Wperties or uses.`o 7-; • The property is located in a fairly dense, pedestrian -oriented mixed -u iAorho_A with close proximity to the Downtown and university campus. n � N M M o � C) �,� The Board concludes that adequate utilities, access roads, drainage and/or necessary facilities have been or are being provided for this property and the neighborhood. The Board concludes that adequate measures have been or will be taken to provide ingress or egress designed so as to minimize traffic congestion on public streets based on the following findings: The occasional special events planned for the space are to be held on evenings and weekends during non -peak traffic hours, further mitigating potential congestion concerns. 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 applicant will be required to install a bike rack on the property to satisfy the bicycle parking. • The applicant is required to provide parking space that meet the dimensional requirements stipulated in Section 14 -5A -5C of the zoning code. The Board concludes that the proposed use will be consistent with the Comprehensive Plan based on the following finding: • The Arts & Culture section of the Comprehensive Plan includes a strategy to "support Arts and Culture programs that reflect and serve Iowa City's changing demographics," to "support non -profits involved in arts programming" and "to promote arts and cultural programs and projects that educate, entertain, and inspire the public and that preserve cultural heritage and enhance economic development." DISPOSITION: By a vote of 4-0 the Board approves EXC18-00007, a special exception to allow 2,900 square feet of retail use in the MU zone at 117 N. Van Buren St. and a 60% reduction in required vehicle parking, subject to the following conditions: • Installation of no fewer than 4 bicycle parking spaces on the property. • Construction of 4 conforming vehicle parking spaces to the rear of the building --one space being a handicapped space. • Installation of ADA accessible entry from the rear of the site with approval from the Historic Preservation Commission. • The use is limited to non-profit visual arts programming and artist studio space only. • Common gathering space shall be limited to the ground floor of the building; all other spaces are for individual studio space, office, and storage space. • Use of kilns, torches, or other heat -generating tools is prohibited. TIME LIMITATIONS: All orders of the Board, which do not set a specific time limitation on Applicant action, shQ expire six (6) months from the date they were filed with the City Clerk, unless the Applicant shalF$ave taken action within such time period to establish the use or construct the improve Cyt aaorized-, under the terms of the Board's decision. City Code Section 14 -8C -1E, City of lowa;Eityi log. i �n w <r- rn m 1> o ���/� Approved b T. Gene Chrischilles, Chairperson 49 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 81' day of August, 2018, as the same appears of record in my Office. Dated at Iowa City, this 23r.M— day of " iwS 20 / b tU O (71-IC7w Kel a Fruehling, C Clerk N O C O (71-IC7w �M M ID M o to 0 IIII r eR, Doe ID: 027141550003 Type: GEN Kind: RESOLUTION Recorded: 08/27/2018 at 03:17:51 PM Fee Amt: $17.00 Pape 1 of 3 Johnson County Iowa Kim Painter County Recorder EK5831 PG349-351 STATE OF IOWA ) )SS JOHNSON COUNTY ) r a� i• My of TP4 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. 18-237 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 21st day of August 2018, all as the same appears of record in my office. Dated at Iowa City, Iowa, this 1444') day of August 2018. Kellie -& Fruehling City Clerk fires EA� 410 EAST WASHINGTON STREET • IOWA CITY, IOWA 52240-1826 • (319) 356-5000 • FAX (319) 356-5009 ?4 M Prepared by. Josh Slattery, Senior Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 3565419 Resolution No. 18-237 Resolution changing the name of Tumbleweed Terrace located in Country Club Estates, Third Addition, and in West Side Estates, Phase One, to Luke Drive Whereas, on August 18, 2009, the City Council approved the final plat of Country Club Estates, Third Addition, (Resolution No. 09-283); and Whereas, one of the east/west streets included on the final plat of Country Club Estates, Third Addition, is Tumbleweed Terrace; and Whereas, on January 16, 2018, the City Council approved the final plat of West Side Estates, Phase One (Resolution No. 18-20); and Whereas, one of the east/west streets included on the final plat of West Side Estates, Phase One, is Tumbleweed Terrace; and Whereas, said street has been identified as Tumbleweed Terrace on city street signs, maps, telephone books, and the City Directory; and Whereas, the developer has requested to change the name of Tumbleweed Terrace located in the above-mentioned subdivisions to Luke Drive and staff has no objections to this request. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa that: The name of Tumbleweed Terrace located in Country Club Estates, Third Addition, and in West Side Estates, Phase One, is hereby changed to Luke Drive. 2. As required by Iowa Code §354.26 (2016), the City Clerk is directed to certify a copy of this Resolution and file this Resolution with the Johnson County Recorder, the Johnson County Auditor, and the City Assessor. Passed and approved this 21st day of August _'2018 L/ M09or COPPOM I [A1 Aries, r Lr Ce City Clerk oved by City Attorney's Office 34 Resolution No. 18-237 Page 2 It was moved by Mims and seconded by Colethe Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Vacant - Botchway seat x Cole x Mims x Salih X- Taylor X- Thomas Throgmorton Fee, Doe ID: 027141540009 Type: GEN Kind: ORDINANCE Recorded: 05/27/2018 at 03:12:12 PM Fee Amt: $47.00 Pape 1 of 9 Johnson County Iowa Kim Painter County Recorder EK5831 PG340-348 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. 18-4763 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 21 st day of August 2018, is a true and correct copy, all as the same appears of record in my office. Dated at Iowa City, Iowa, this A44 -A day of August 2018. Kelli&K. Fruehling City Clerk 410 EAST WASHINGTON STREET • IOWA CITY, IOWA 52240-1826 • (319) 356-5000 • FAX (319) 356-5009 35 Prepared by: Anne Russett, Associate Planner, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5251 (REZ18- 00015) Ordinance No. 18-4763 An ordinance conditionally rezoning approximately 8.02 acres of property located at the southwest corner of Lower West Branch Road and Taft Avenue, from Interim Development Single -Family Residential (ID -RS) zone to Medium Density Single -Family (RS -8) zone and Low Density Multi -Family (RM -12) zone. (REZ18-00015) Whereas, the owner, Rollins Pass Development LLC, has requested a rezoning of property located at the southwest comer of Lower West Branch Road and Taft Avenue from Interim Development Single -Family Residential (ID -RS) zone to Medium Density Single -Family (RS -8) zone and Low Density Multi -Family (RM - 12) zone; and Whereas, the Comprehensive Plan encourages a variety of housing types and indicates that if this property develops, single-family would be appropriate and multi -family would be appropriate at major intersections; 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 general conformance with the concept plan, landscaping, provision of right-of-way, and multi -modal connectivity, 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 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 Interim Development Single -Family Residential (ID -RS) zone Low Density Multi -Family (RM -12) zone: A PORTION OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 7, TOWNSHIP 79 NORTH, RANGE 5 WEST, OF THE FIFTH PRINCIPAL MERIDIAN, IOWA CITY, JOHNSON COUNTY, IOWA, DESCRIBED AS FOLLOWS: Beginning at the East Quarter Comer of Section 7, Township 79 North, Range 5 West, of the Fifth Principal Meridian, Iowa City, Johnson County, Iowa; Thence S00°59'54"E, along the East Line of the Northeast Quarter of the Southeast Quarter of said Section 7, a distance of 278.35 feet; Thence S89°00'06"W, 358.23 feet; Thence Northwesterly, 238.28 feet, along a 150.00 foot radius curve, concave Northeasterly, whose 214.00 foot chord bears N45°29'25"W; Thence N00001'04"E, 134.68 feet, to a Point on the North Line of said Northeast Quarter of the Southeast Quarter; Thence S89°58'56"E, along said North Line, 505.90 feet, to the Point of Beginning. Said Zoning Parcel contains 3.19 Acres, and is subject to easements and restrictions of record. And the property described below is hereby reclassified from its current zoning designation of Interim Development Single -Family Residential (ID -RS) zone to Medium Density Single -Family (RS -8) zone: A PORTION OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 7, TOWNSHIP 79 NORTH, RANGE 5 WEST, OF THE FIFTH PRINCIPAL MERIDIAN, IOWA CITY, JOHNSON COUNTY, IOWA, DESCRIBED AS FOLLOWS: I©,U �i; Ordinance No. 18-4763 Page 2 Commencing at the East Quarter Corner of Section 7, Township 79 North, Range 5 West, of the Fifth Principal Meridian, Iowa City, Johnson County, Iowa; Thence S00059'54"E, along the East Line of the Northeast Quarter of the Southeast Quarter of said Section 7, a distance of 278.35 feet, to the Point of Beginning; Thence continuing S00°59'54"E, 167.25 feet, to the Northeast Comer of Stone Creek Subdivision, in accordance with the Plat thereof Recorded in Plat Book 32 at Page 181 of the Records of the Johnson County Recorder's Office; Thence S89°00'06"W, along the North Line of said Stone Creek Subdivision, 331.58 feet, to the Northwest Corner thereof; Thence S00°59'54"E, along the West Line of said Stone Creek Subdivision, 394.12 feet, to the Southwest Corner thereof, and a Point on the North Line of Auditor's Parcel 2009079, in accordance with the Plat thereof Recorded in Plat Book 54 at Page 219 of the Records of the Johnson County Recorder's Office; Thence S89°00'06"W, along said North Line, and the East Line of Stone Bridge Estates - Part Eight, in accordance with the Plat thereof Recorded in Plat Book 58 at Page 247 of the Records of the Johnson County Recorder's Office, 49.25 feet; Thence N18009'37"W, along said East Line, 315.27 feet; Thence N47025'02"W, along said East Line, and the East Line of Stone Bridge Estates - Part Nine, in accordance with the Plat thereof Recorded in Plat Book 59 at Page 400 of the Records of the Johnson County Recorder's Office, 293.89 feet; Thence N00°01'04"E, along the East Line of said Stone Bridge Estates - Part Nine, a distance of 348.01 feet, to the Northeast Comer thereof, and a Point on the North Line of said Northeast Quarter of the Southeast Quarter; Thence S89°58'56"E, along said North Line, 174.79 feet; Thence S00°01'04"W, 134.68 feet; Thence Southeasterly, 238.28 feet, along a 150.00 foot radius curve, concave Northeasterly, whose 214.00 foot chord bears S45029'25"E; Thence N89°00'06"E, 358.23 feet, to the Point of Beginning. Said Zoning Parcel contains 4.83 Acres, 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, 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 21 day of August 2018 c Attest` POM m fA�jtyClerk L0! 1�� 1d�1 I�e Approved by L City Attorney's Office -7 Ordinance No. 18-4763 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: x Vacant - Botchway seat x Cole x Mims x Salih x Taylor x Thomas x Throgmorton First Consideration 07/17/2018 Voteforpassage: AYES: Mims, Taylor, Thomas, Throgmorton, Botchway, Cole. NAYS: None. ABSENT: Salih. Second Consideration 08/07/2018 Vote for passage: AYES: Salih, Taylor, Thomas, Throgmorton, Cole, Mims. NAYS: None. ABSENT: Vacant - Botchway seat. Date published 08/30/2018 that the Prepared by: Anne Russett, Associate Planner, 410 E. Washington, Iowa City, IA 52240 (319) 356-5251 (REZ18-00015) Conditional Zoning Agreement This agreement is made between the City of Iowa City, Iowa, a municipal corporation (hereinafter "City"), and Rollins Pass Development LLC (hereinafter "Owner"). Whereas, Owner is the legal title holder of approximately 8.02 acres of property located at the southwest corner of Lower West Branch Road and Taft Avenue; and Whereas, the Owner has requested the rezoning of said property from Interim Development Single -Family Residential (ID -RS) to Low Density Multi -Family Residential (RM - 12) zone on approximately 3.19 acres and Medium Density Single -Family Residential (RS -8) zone on approximately 4.83 acres; and Whereas, the Planning and Zoning Commission has determined that, with appropriate conditions regarding general compliance with the concept plan, landscaping, provision of right- of-way, and multi -modal connectivity, 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 conditions outlined in this agreement address several public needs, including ensuring compatibility with the existing development pattern, providing adequate landscaping to buffer residents from traffic on Taft Avenue and enhance views and privacy for residents, and ensuring an interconnected and multi -modal transportation network for enhanced recreational opportunities; 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 existing development pattern and multi -modal connectivity; 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. Rollins Pass Development LLC is the legal title holder of the property legally described as A PORTION OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 7, TOWNSHIP 79 NORTH, RANGE 5 WEST, OF THE FIFTH PRINCIPAL MERIDIAN, IOWA CITY, JOHNSON COUNTY, IOWA, DESCRIBED AS FOLLOWS: Beginning at the East Quarter Corner of Section 7, Township 79 North, Range 5 West, of the Fifth Principal Meridian, Iowa City, Johnson County, Iowa; Thence S00059'54"E, along the East Line of the Northeast Quarter of the Southeast Quarter of said Section 7, ppdadrrVagVdrafl-condigon&zoning-agreement-06.21.2016.doc 1 /1 a distance of 278.35 feet; Thence S89°00'06"W, 358.23 feet; Thence Northwesterly, 238.28 feet, along a 150.00 foot radius curve, concave Northeasterly, whose 214.00 foot chord bears N45°29'25"W; Thence N00°01'04"E, 134.68 feet, to a Point on the North Line of said Northeast Quarter of the Southeast Quarter; Thence S89058'56"E, along said North Line, 505.90 feet, to the Point of Beginning. Said Zoning Parcel contains 3.19 Acres, and is subject to easements and restrictions of record. AND A PORTION OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 7, TOWNSHIP 79 NORTH, RANGE 5 WEST, OF THE FIFTH PRINCIPAL MERIDIAN, IOWA CITY, JOHNSON COUNTY, IOWA, DESCRIBED AS FOLLOWS: Commencing at the East Quarter Corner of Section 7, Township 79 North, Range 5 West, of the Fifth Principal Meridian, Iowa City, Johnson County, Iowa; Thence S00°59'54"E, along the East Line of the Northeast Quarter of the Southeast Quarter of said Section 7, a distance of 278.35 feet, to the Point of Beginning; Thence continuing S00059'54"E, 167.25 feet, to the Northeast Corner of Stone Creek Subdivision, in accordance with the Plat thereof Recorded in Plat Book 32 at Page 181 of the Records of the Johnson County Recorder's Office; Thence S89000'06"W, along the North Line of said Stone Creek Subdivision, 331.58 feet, to the Northwest Corner thereof; Thence S00°59'54"E, along the West Line of said Stone Creek Subdivision, 394.12 feet, to the Southwest Corner thereof, and a Point on the North Line of Auditor's Parcel 2009079, in accordance with the Plat thereof Recorded in Plat Book 54 at Page 219 of the Records of the Johnson County Recorder's Office; Thence S89°00'06"W, along said North Line, and the East Line of Stone Bridge Estates - Part Eight, in accordance with the Plat thereof Recorded in Plat Book 58 at Page 247 of the Records of the Johnson County Recorder's Office, 49.25 feet; Thence N18°09'37"W, along said East Line, 315.27 feet; Thence N47°25'02"W, along said East Line, and the East Line of Stone Bridge Estates - Part Nine, in accordance with the Plat thereof Recorded in Plat Book 59 at Page 400 of the Records of the Johnson County Recorder's Office, 293.89 feet; Thence N00°01'04"E, along the East Line of said Stone Bridge Estates - Part Nine, a distance of 348.01 feet, to the Northeast Corner thereof, and a Point on the North Line of said Northeast Quarter of the Southeast Quarter; Thence S89°58'56"E, along said North Line, 174.79 feet; Thence S00°01'04"W, 134.68 feet; Thence Southeasterly, 238.28 feet, along a 150.00 foot radius curve, concave Northeasterly, whose 214.00 foot chord bears S45029'25"E; Thence N89000'06"E, 358.23 feet, to the Point of Beginning. Said Zoning Parcel contains 4.83 Acres, and is subject to easements and restrictions of record. 2. The Owner acknowledges that the City wishes to ensure conformance to the principles of the Comprehensive Plan and the Northeast 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, Owner agrees that development of the subject property will conform to all other requirements of the zoning chapter, as well as the following conditions: ppdadnVaggdraft-mnditionai-zoning-agreement-08.21.2018.doc 2 �� a. The general compliance with the number and types of units identified in the proposed concept plan [Attachment 1], to ensure compatibility with the existing neighborhood and development pattern; b. The dedication of approximately 12 feet of public right-of-way along Taft Avenue to be dedicated to the City at the time of final platting; c. A detailed landscaping plan to ensure adequate buffering along Taft Avenue and enhance views and privacy at the southwest corner of the RM -12 zoned area; d. The creation of an outlot along the northwest portion of the property to provide the trail connection at the time of platting; and e. The dedication of right-of-way to provide access to the single-family property to the south at the time of platting. 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. 7. The Owner acknowledges that nothing in this Conditional Zoning Agreement shall be construed to relieve the Owner from complying with all other applicable local, state, and federal regulations. 8. The parties agree that this Conditional Zoning Agreement shall be incorporated by reference into the ordinance rezoning the subject property, and that upon adoption and publication of the ordinance, this agreement shall be recorded in the Johnson County Recorder's Office at the Owner's expense. Dated this 21st day of City of Iowa City v• J!rKThrogmorton, Mayorr 2018. Rollins Pass Development, L.L.C. By: Jess J _ Aj(64 ppdadMagVtlrafl-contlitiona4zoning-agreemanl-06272018.doc 3 5 Attest:- CO POMT1 k -f'L' / Kel ie Fru ehling, C' Clerk -Approved by: C y Attorney's Office /� /fig City of Iowa City Acknowledgement: State of Iowa ) ) ss: Johnson County ) M This instrument was acknowledged before me on O't' RL4q1t4_-20L,' by Jim Throgmorton and Kellie Fruehling as Mayor and City Clerk, respectively, of the City of Iowa City. in and Of the State of Iowa (Stamp or Seal)IWIN Commbsion Number 608232 qCemmo<" �� Title (and Rank) - Rollins Pass Development L.L.C. Acknowledgment: State of !b_1kkZ_ County oft vLSDi1 This record was acknowledged before me on 7'.2-20/g (Date) by � )km (Name(s) of individual(s) as Mo,uWer (type of authority, such as officer or trustee) of Rollins Pass Develdpment, L.L.C.. Notary Wblic in and for the State of Iowa SU E. SHEBEK (Stamp or Sea]) cert missron Numpe1713257 MV ission 28.61B2s Title (and Rank) My commission expires: ppdadnVagVdmft-conditional-zoningagmemenl-0621,2016.doc 4 1 S nna _ � j r ISO 12 I I I k F b, } m t to ,U �` Yon / { al 4 kr t r J r I s look ►III►IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Doc ID: 027151600031 Type: GEN Kind: SUBDIVISION Recorded: 09/10/2018 at 03:32:09 PM Fee Amt: $157.00 Page 1 of 31 Johnson County Iowa Kim Painter County Recorder BK5835 PG413-443 �.® mat r"111 CITY OF IOWA CITY 410 East Washington Street Iowa City. Iowa 52240-1826 (319) 356-5000 STATE OF IOWA ) www. gov.or 09 FAX www.icgov.org ) 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. 18-199, which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 3rd day of July, 2018, all as the same appears of record in my office. Also attached are the final legal documents for Lindemann Subdivision — Part 8, Iowa City, Iowa. Dated at Iowa City, Iowa, this 7'k day of 6 f 2018. C P's Kellie K. Freehling City Clerk fires subdivision 3� Prepared by: Bob Miklo, Senior Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 3565240 (SUB18-00009) Resolution No. 18-199 Resolution Approving Final Plat Of Lindemann Subdivision — Part Eight, Iowa City, Iowa. Whereas, the owner, Rollins Pass Development LLC, filed with the City Clerk the final plat of Lindemann Subdivision — Part Eight, Iowa City, Iowa, Johnson County, Iowa; and Whereas, said subdivision is located on the following -described real estate in Iowa City, Johnson County, Iowa, to wit: Outlot H, Lindemann Subdivision - Part Two A, according to the plat thereof recorded in Book 47, Page 76, Plat Records of Johnson County, Iowa. 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. The City shall accept dedication of the outlots upon satisfaction of the terms and conditions stated in the Subdivider's Agreement. 3. The Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed, upon approval by the City Attorney, to execute all legal documents relating to said subdivision, and to certify a copy of this resolution, which shall be affixed to the final plat after passage and approval by law. The City Clerk shall record the legal documents and the plat at the office of the County Recorder of Johnson County, Iowa at the expense of the owner/subdivider. Resolution No.) -18-199 Page 2 Passed and approved this 3rd day of July 8 /, 201 RPOR��ESEAM or Approved by Attest ity Clerk City Attorney's Office It was moved by Mims and seconded by Thomas the Resolution be adopted, and upon roll call there were: Ayes: Nays: Absent: Botchway Cole Mims x Salih Taylor Thomas Throgmorton Ii p pcdA mpletes/Rnal Rat- Resolution(M)AWAoo SUBDIVIDER'S AGREEMENT LINDEMANN SUBDIVISION PART EIGHT IOWA CITY, IOWA THIS AGREEMENT made by and between Rollins Pass Development LLC, hereinafter called "Owner" or "Subdivider", and the City of Iowa City, Iowa, a municipal corporation hereinafter called the "City". IT IS HEREBY AGREED AS FOLLOWS: Section 1. Public improvements. In consideration of the City approving the Plat of Lindemann Subdivision Part Eight, Iowa City, Iowa, hereinafter "the Subdivision", the Subdivider agrees as a covenant running with the land as follows: Subject to Section 5, the City shall not issue a Building Permit for any of the lots in the Subdivision unless and until the water mains; the sanitary sewers; the storm sewers; the concrete street paving at least 28 feet in width on York Place, Kenneth Drive, Olivia Court, Danielle Street, and Lindemann Drive; the concrete sidewalk paving at least 5 feet in width adjacent to Outlots A, B, and C; and the concrete trail paving at least 8 feet in width within Outlot A; hereinafter "Improvements", have been installed in the Subdivision as required by the City's Subdivision Ordinance, and until accepted by the City, and subdivision erosion control measures have been installed as required by the City under its ordinances. Nothing in this Agreement shall be construed to impose a requirement on the City to install the original improvements at issue herein. Nor shall the Owner and the Subdivider be deemed acting at the City's agent during the original construction and installation of said improvements. The parties agree that the obligation to install the improvements herein shall be in accordance with City specifications or approved plans, and the obligation to install said improvements shall remain with the Owner and the Subdivider until completion by the Subdivider, and until acceptance of the improvements by the City, as provided by law. Section 2. Storm Water Management. The City of Iowa City installed a regional storm water detention facility located on the south branch of Ralston Creek downstream and west of this development. The Owner is responsible to install storm sewers and drainage swales, as described above and in accordance with approved construction drawings which together will transport and 'bu convey the peak rate of runoff generated from a 100 year return fc storm from the development to Ralston Creek. requen y Section 3 Construction of Improvements. All Improvements described in Section 1 of this Agreement shall be constructed and installed by the Owner and the Subdivider according to plans and specifications approved by the City Engineer of the City of Iowa City, who shall have the right to make occasional inspection of the work in progress. Such inspections shall not relieve or release the Subdivider from its responsibility to construct said Improvements 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 and the Subdivider agree to install sidewalks abutting each of the platted lots in said Subdivision adjacent to York Place, Kenneth Drive, Olivia Court, Danielle Street, and Lindemann Drive. Said sidewalks shall be 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. Said sidewalks shall be constructed according to plans and specifications approved by the City Engineer and as per Sections 16- 1C-1, 2, 3 of the Iowa City Code of Ordinances. Except as provided herein, sidewalks shall be installed when each such lot is developed, prior to the issuance of an occupancy permit for the dwelling on the Lot. Section 5' Building Permits and Escrow Monies. In the event the Owner and the Subdivider, its assigns or successors in interest should desire a building permit on any lot in the Subdivision before the Improvements have been installed, the Owner and the Subdivider, its assigns or successors in interest, shall deposit with the City Finance Department, in escrow, an amount equal to 110% of the estimated cost of said Improvements as determined by the City Engineer (hereinafter "Improvements Escrow"). In addition to the Improvements Escrow, if Subdivision Erosion Control measures have not been installed, with ground cover established by growth, the City may require, as a condition to the 5LO issuance of the first building permit for construction within the Subdivision, that the Owner and the Subdivider deposit in escrow with the City the sum of $2,000.00 (the "Erosion Clean -Up Escrow") to assure reimbursement for the cost of cleaning public streets, storm sewers, gutters or catch basins, which may be incurred by the City as a result of erosion from any lot in the Subdivision. The Owner and the Subdivider shall be responsible for the cost of any such clean-up and to the extent that the Subdivider fails to accomplish erosion clean-up after reasonable notice from the City, the City is hereby authorized, but not obligated, to do the work and to charge the cost thereof to the Erosion Clean -Up Escrow, if adequate, and to charge any excess costs to the Owner and the Subdivider. If the Erosion Clean -Up Escrow is insufficient to pay the costs incurred by the City, the Owner and the Subdivider shall promptly reimburse the City for the excess costs incurred. The unused balance of the Erosion Clean -Up escrow shall be returned to the Owner and the Subdivider after erosion control measures have been installed, and ground cover has been established by growth. After the Erosion Clean -Up and Improvements Escrows have been established, the building inspector of the City is authorized to issue a building permit if the applicant is in compliance with all other applicable requirements and ordinances of the City. Section 6. Neighborhood Open Space. The Owner and the Subdivider shall dedicate Outlot A in the Subdivision to the City. The Owner and the Subdivider shall be responsible for all initial Improvements with said Outlot, final grading and establishing satisfactory ground cover thereon, as well as controlling erosion until the City accepts the dedication of the Outlot. The dedication of Outlot A by Owner or its successor in interest shall not be accepted by the City until: A. All Improvements to be installed thereon have been completed by the Owner and the Subdivider or its successor and accepted by the City, and, B. Erosion control and ground cover has been reasonably established on all areas graded or otherwise disrupted by development activities thereon. C. Occupancy permits have been issued for all of the numbered Lots in the subdivision that abut said Outlot. When the foregoing conditions have been met, or sooner waived by the City in its sole discretion, the City shall formally accept the dedication of the Outlots for open space by Resolution and the Owner and the Subdivider shall provide the City with an appropriate 13to instrument of dedication. Owner and Subdivider or successors shall be responsible for installation and maintenance of Improvements in the Outlots until such dedication is accepted. Upon acceptance of the dedication as provided herein, the City shall thereafter be responsible for all continuing maintenance of the Outlots and Improvements thereon. Section 7. OccujDancV Permit. Prior to the issuance of an occupancy permit for any structure erected pursuant to Section 5, the City in its discretion may require the Owner and the Subdivider, its assigns or successors in interest, to construct and install the Improvements and sidewalks as required by this Agreement. Section 8. Use of Escrow Monies. If, after the issuance of an occupancy permit, the Improvements have not been constructed and installed, the City may use funds deposited in the Improvements Escrow to construct and install such Improvements. If the cost of the construction and installation of said Improvements exceeds the amount of said escrow, the City shall have a lien and charge against all the lots in the Subdivision for the balance of the cost. After the construction and installation of the Improvements, the City shall refund to the Owner and the Subdivider any Improvements Escrow monies not used by the City for the construction and installation of such improvements. Section 9. Waiver. If the Owner and the Subdivider sell or convey lots in said Subdivision without constructing or installing the Improvements; or the Owner and the Subdivider fail to install and/or repair sidewalks required in Section 4 hereof, the City shall have the right to install and construct said Improvements and/or repair sidewalks. Owner and Subdivider acknowledge and agree that all lots in the Subdivision are specifically benefitted by the Improvements so that the cost of the installation shall be a lien and charge against all of the lots in the Subdivision. The cost of Improvements need not meet the requirements of notice, benefit or value as provided by the law of the State of Iowa for assessing such improvements. The cost of installing/repairing the sidewalks shall be a lien and charge only against the lot or lots abutting or in front of which such sidewalks are to be installed. It is further provided that these requirements to construct the Improvements and install and/or repair sidewalks shall remain a lien against the lots in the Subdivision from the date of this Agreement until properly released, as hereinafter provided. -3Lo Section 10. Release. The City agrees that when the Improvements have been installed as required to the satisfaction of the City, the City will, upon request, promptly issue to the Owner and the Subdivider, for recording in the Office of the Johnson County Recorder, a good and sufficient release for the lots in the Subdivision so that this Agreement will not constitute a cloud upon the title of the lots in the Subdivision. Separate sidewalk lien releases shall be issued for individual lots when appropriate. The Mayor and City Clerk, with the concurrence of the City Attorney and City Engineer, are hereby authorized to execute the releases contemplated by this section. This section also authorizes the execution of one or more Limited Release Agreements, based on the use of escrows for improvements as contemplated in Section 5 above, as may be acceptable to the City. Section 11. Street Maintenance and Public Services. Owner and Subdivider agree that public services, including but not limited to street maintenance, traffic control, snow removal, and solid waste collection, will not be extended to the Subdivision until the concrete streets are installed and accepted by the City. Section 12. Miscellaneous. A. All electrical, telephone and cable television service and distribution lines shall be installed underground. B. Lots A, B, and C are and will be dedicated to the City for use as right of way. C. Plat notes and surveyor's notes on plats serve to provide notice of how a subdivision is expected to develop. Said notes are not intended to create any vested private interest in any stated use restriction or covenant, or create any third party beneficiaries to any noted use restriction or covenant. The City reserves the right, in its sole discretion, subject to any applicable public notice and approval process required by law, to alter or amend any plat note, or to sell or vacate any right-of-way, street, alley, park, easement, open area or other land set apart and dedicated for public use within the plat. The City further reserves the right, upon request of the owner or successor in interest, to vacate the plat and/or relocate any easement, alter lot boundaries or allow said land to be replatted subject to any applicable public notice and approval process required by law. D. The City shall not issue a building permit for any lot in the Subdivision until such time as the Owner and Subdivider have paid SO to the City a water main extension fee in the amount of $8,808.75 ($435 per acre multiplied by 20.25 acres) pursuant to the City Code. E. The City shall not issue a building permit for any lot in the Subdivision until such time as the Owner and Subdivider have paid to the City a sewer tap on fee in the amount of $34,388.15 ($1,698.18 per acre multiplied by 20.25 acres) pursuant to the City Code. F. Owner and Subdivider agree to pay a fee toward construction of Lower West Branch Road. The amount of the fee is $90,571.79 which the Owner and Subdivider shall pay prior to issuance of a building permit. G. Outlots B and C of Lindemann Subdivision - Part Eight are reserved for and shall be used for, the installation of mailboxes for US Postal Service mail distribution within the Subdivision, and shall be owned and maintained by a homeowner's association. This Outlot shall be owned and maintained by Owner until transfer of ownership to the Association. H. Lots 5-8, 22-27, 30-33 and 39 inclusive, shall have a Minimum Low Opening (MLO) elevation restriction as shown on the Final Plat and noted herewith: Lot 202 739.3 Lot 226 744.2 Lot 227 744.2 Lot 228 744.2 Lot 229 744.2 I. The development shall conform to the approved sensitive areas development plan approved on April 2, 2018, and recorded in Book 5775, Pages 564-570, in the Johnson County Recorder's Office. Section 13. Binding Effect. This agreement shall inure to the benefit and bind the successors and assigns of the respective parties hereto and shall be construed as a covenant running with the title to the lots within the Subdivision. Dated this ? day of July, 2018 3L0 ns sender uo!ss!wwo0 6W � Z ZEZ909 i�wnN uo!ss!wwo� 3d � 1,3►no ar111s1aHo aTlgnd AzpgoN /evllr'llil7emo.J70gTD auq 30 'ATanigoadsaz 'xzaTO AgT3 pup zolvlq auq s2 'buTTuanzg atTTax pup uogzowbozuy w?P Aq '8ToZ 'ATnP 3o App r yo sTgq aw azo3aq pabpaTMouxop quawnzgsuz sign ( 2SNII00 MOSNHOP :ss( A 9Z%AFiM02 30 sSKSS uorss!wuo'J WSwo 3 3NN'dZf1S °'v' 19 oTT74� Azpg0N 'W7 4 OZ� guawdoTanaQ sspd suzTToN 30 zabpupyy 'uaTTV assaP Aq '8TOZ ATnP 3o App 701T sTuq quiazo3aq pabpaTMOUNop quawnzgsut siuy ( 7,ILMO0 MOSNHOP :ss( ( vmOI 30 Elvis 97'1C"111- Aauzoggv AgiO IV] .11 00✓ :Aq panozddv 01:0 AgTD 'b ,Tganzg atTTax zoAeN 'uogzowbozgy wzP Aff Issil v : AS.IO zabpupw 'uaV a aP :Ag OZZ quawdOTanaQ sspd suiTIOU HHGIA2QSRS Prepared by and Return to: C. Joseph Holland, 123 N. Linn St., Suite 300, Iowa City, IA 52245 (319) 354-0331 OWNER'S CERTIFICATE The undersigned, Rollins Pass Development LLC, request approval of the subdivision known as Lindemann Subdivision - Part Eight, said subdivision shown on the final plat thereof to which this document is attached, which is a subdivision of the following described property: Outlot H, Lindemann Subdivision - Part Two A, according to the plat thereof recorded in Book 47, Page 76, Plat Records of Johnson County, Iowa. The undersigned further states that subdivision is made with the free consent and in accordance with the desire of the undersigned, owners of the land included within the subdivision. The rights-of-way and easements shown on the plat of the subdivision are hereby dedicated to the public as provided for by Section 354.19 of the Code of Iowa (2018). Dated as of this as day of July, 2018. Rollins Pass Development LLC L 1 t-� by: Jes All n, Manager 3 L STATE OF IOWA ) )ss: JOHNSON COUNTY ) This instrument was acknowledged before me on the 2� day of July, 2018, by Jesse Allen, Manager of Rollins Pass Development LLC. Notary �uglic in and for said State a �'r SUZANNE E. SHEBEK ° : Commission Number 713257 x My Commission E>n•'s glow October26.2010 LP Prepared by and Remm to: C Joseph Holland 123 N Linn St.,Suite 300 Iowa City IA 52245 (319) 354-0331 MORTGAGEE CONSENT TO SUBDIVISION The undersigned, on behalf of Hills Bank and Trust Company, states that Hills Bank and Trust Company holds a mortgage on the property described below included within Lindemann Subdivision - Part Eight Subdivision. The mortgage is as follows: 1. A mortgage dated March 30, 2018, recorded in Book 5771, Page 5, Johnson County Recorder's Office. 2. A collateral assignment dated December 21, 2017, and recorded December 27, 2017, in Book 5741, Page 70, Johnson County Recorder's Office. The property included within Lindemann Subdivision - Part Eight is described as follows: Outlot H, Lindemann Subdivision - Part Two A, according to the plat thereof recorded in Book 47, Page 76, Plat Records of Johnson County, Iowa. The undersigned, on behalf of Hills Bank and Trust Company states that said bank consents to the subdivision of the above- described property into Lindemann Subdivision - Part Eight and hereby releases any and all liens against those portions of the property dedicated to the public. Dated as of this cjky9 day of July, 2018. Hills Bank and Trust Company M STATE OF IOWA ) )ss: JOHNSON COUNTY ) This instrument was �jacknowledged before me on I� the o2 Gni day of July, 2018, by ( W.6rilLu , VruC (r-c5ifzPT4 (title) of Hills Bank and Tru9t Company. Commisslon Number 737591 My pm�iic�EU-fres Notary Publ' c in and for said State 3u Prepared by and Remm to: Erek P. Sittig, 123 N. Linn St., Suite 300 Iowa City IA 52245 (3 1 9) 354-0331 ATTORNEY'S TITLE OPINION Re: Lindemann Subdivision - Part Eight located in Iowa City, Johnson County, Iowa, and legally described as follows: Outlot H, Lindemann Subdivision - Part Two A, according to the plat thereof recorded in Book 47, Page 76, Plat Records of Johnson County, Iowa. 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 being Security Abstract Company Abstract No. 127482. The abstract of title has been continued to May 16, 2018, and as of that date the abstract shows that fee title to the above-described property is in Rollins Pass Development LLC, subject to the following: 1. A mortgage in favor of Hills Bank and Trust Company recorded at Book 5771, Page 5, in the office of the Johnson County Recorder. 2. A collateral assignment in favor of Hills Bank and Trust Company recorded at Book 5741, Page 70, in the office of the Johnson County Recorder. I further certify that except as above stated the property is ,�U free from encumbrance. Dated as of this J'l day of July, 2018. Erek P. Sitt 9 3 L0 Prepared by and Retum to: C. Joseph Holland, 123 N. Linn St., Suite 300, Iowa City, IA 52245 (3 19) 354-0331 CERTIFICATE OF COUNTY AUDITOR APPROVAL OF SUBDIVISION NAME I, Travis Weipert, Johnson County Auditor, approve the name Lindemann Subdivision - Part Eight with reference to the property described below as of the date of this certificate. Outlot H, Lindemann Subdivision - Part Two A, according to the plat thereof recorded in Book 47, Page 76, Plat Records of Johnson County, Iowa. Dated as of this day of July, 2018. Travis Weipert, V— Coun Auditor Deputy SEAL 3 �° Prepared by and Retum to: C Joseph Holland, 123 N. Linn St., Suite 300 Iowa City, IA 52245 (319)354-0331 CERTIFICATE OF COUNTY TREASURER I, Thomas L. Kriz, Johnson County Treasurer, certify that all certified real estate taxes and special assessments have been paid with reference to the property described below as of the date of this certificate. Outlot H, Lindemann Subdivision - Part Two A, according to the plat thereof recorded in Book 47, Page 76, Plat Records of Johnson County, Iowa. Dated as of this day of July, 2018. Thomas L. Kriz, T SEAL County Treasurer by: Parcel #: 0907303001 Deputy 3U STORM SEWER AND DRAINAGE EASEMENT AGREEMENT LINDEMANN SUBDIVISION PART 8, IOWA CITY, IOWA THIS AGREEMENT is made and entered into by and between Rollins Pass Development LLC ("Owner"), which expression shall include its successors in interest and assigns, and the City of Iowa City, Iowa ("the City"), which expression shall include its Successors in interest and assigns. It is hereby agreed as follows: For the sum of $1.00 plus other valuable consideration, the receipt of which is hereby acknowledged, Owner hereby grants and conveys to the City an easement for the purposes of excavating for and the installation, replacement, maintenance and use of such storm sewer 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 those areas designated as "15.0' Utility and Storm Sewer Easement", "15.0' Utility, Sanitary and Storm Sewer Easement", "20.0' Storm Sewer and Drainage Easement (Centered)", and "10.0' Storm Sewer and Drainage Easement (Centered)" on the Final Plat of said subdivision herein described as the "Easement Areas." Owner further grants to the City: 1. The right of grading said Easement Areas for the full width thereof, and to extend the cuts and fills for such grading into and onto said lands along and outside of the said Easement Areas, to such extent as the City may find reasonably necessary. 2. The right from time to time to trim, to cut down and clear away any and all trees and brush on said Easement Areas, and also to trim, cut down and clear away any trees on either side of said strip which now or hereafter in the opinion of the City may be a hazard to said Easement Areas or which may interfere with the exercise of the City's rights hereunder in any manner. 3. The City shall promptly backfill any trench made by it, and repair any damages caused by the City within the Easement Areas. The City shall indemnify owner against unreasonable loss or damage which may occur in the negligent exercise of the easement rights by the City. Except as expressly provided herein, the City shall have no responsibility for maintaining the Easement Areas. 4. Owner reserves the right to use said Easement Areas for purposes which will not interfere with the City's full enjoyment of the ,�u rights hereby granted; provided that the Owner shall not erect or construct any building, fence, retaining wall, or other structure, plant any trees, drill or operate any well, or construct any reservoir or other obstruction on said areas, or diminish or substantially add to the ground cover over said Easement Areas. Any improvements installed within the easement area, with or without the approval of the City, 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. 7. Parties agree that the obligation to install the public improvement (s) herein shall be in accordance with City specifications, and the obligation shall remain on Owner until completion by Owner, and until acceptance by the City, as provided by law. The provisions hereof shall inure to the benefit of and bind the successors and assigns of the respective parties hereto, and all covenants shall apply to and run with the land and with the title to the land. Dated this 6r, day of July, 2018 OWNER: Rollins Pass Development LLC 0, `I By: LVsse Allen, Manager CITY: By Jim Throgmorton, Mayor SES Approved by: CORDO City Attorney 7/3//,�' ATTEST: Kel ie Fruehlinyf, City Cler] CAl STATE OF IOWA ) )ss: JOHNSON COUNTY ) This instrument acknowledged before me this Z day of July, 2018, by Jesse Allen, MaAer of Rollins Pass Development LLC. 6444 e,lei Notary(IXiblic STATE OF IOWA ) )ss: JOHNSON COUNTY ) N SUZANNE E. SHEBEK 6 4 Commission Number713257 My Commission Wes low ' osiober26.2079 This instrument acknowledged before me this 39D day of July, 2018, by Jim Throgmorton and Kellie Fruehling, as the Mayor and City Clerk, respectively, of the City Z�Ia,9 City, Iowa. Notary Public a CHRISTINE OLNEY Commission Number 806232 Commission7Expires OWA SANITARY SEWER AGREEMENT LINDEMANN SUBDIVISION - PART EIGHT THIS AGREEMENT, made and entered into by and between Rollins Pass Development LLC ("Owner"), which expression shall include successors in interest and assigns, and the City of Iowa City, Iowa ("Iowa City"), which expression shall include its successors in interest and assigns. WITNESSETH: It is hereby agreed as follows: For the sum of $1.00 plus other valuable consideration, the receipt of which is hereby acknowledged, Owner hereby grants and conveys to the City an easement for the purposes of excavating for and the installation, replacement, maintenance and use of such sewage lines, pipes, mains, and conduits as the City shall from time to time elect for conveying sewage, with all necessary appliances and fittings, for the use in connection with said pipe lines, together with adequate protection therefor, and also a right of way, with the right of ingress and egress thereto, over and across the areas designated as 1115.0' Utility and Sanitary Sewer Easement"; "15.0' Utility, Sanitary and Storm Sewer Easement", and "20.0' Sanitary Sewer Easement (Centered)" on the Final Plat of Lindemann Subdivision - Part Eight, Iowa City, Iowa, hereafter described as "Easement Areas." Owner further grants to the City: 1. The right of grading said Easement Areas for the full width thereof, and to extend the cuts and fills for such grading into and onto said lands along and outside of the said Easement Areas to such extent as the City may find reasonably necessary. 2. The right from time to time to trim, cut down and clear away any and all trees and brush on said Easement Areas and also to trim, cut down and clear away any trees on either side of said Easement Areas which now or hereafter in the opinion of the City may be a hazard to said Easement Areas, or which may interfere with the exercise of the City's rights hereunder in any manner. The City shall promptly backfill any trench made by it, and repair any damages caused by the City within the easement area. The City shall indemnify Owner against unreasonable loss or damage which may occur in the negligent exercise of the easement rights by the City. Except as expressly provided herein, the City shall have no responsibility for maintaining the easement area. Owner reserves the right to use 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 ,?)U 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. Owner does hereby covenant with the City that it is lawfully seized and possessed of the real estate above described, and that it has a good and lawful right to convey it, or any thereof. Nothing in this Agreement shall be construed to impose a requirement on the City to install the original public improvement at issue herein. Nor shall Owner be deemed acting as the City's agent during the original construction and installation of said improvement. Parties agree that the obligation to install the public improvement(s) herein shall be in accordance with City specifications, and the obligation shall remain on Owner until completion and until acceptance by the City, as by law provided. The provisions hereof shall successors and assigns of the covenants shall apply to and run the land. inure to the benefit of and bind the respective Parties hereto, and all with the land and with the title to Dated this day of July, 2018 OWNER: Rollins Pass Development LLC By: Vsse Allen, Manager CITY: ATTEST: By: Jim Throgmorto , Mayor Kel ie Fruehli City Clerk Approv'�d'`bya\n . COUN11 �/[AIL �l�lr� J�JcEPin,wbZ'Y/1�1"�tc2�2� City Attorney -, IS 2 'b� STATE OF IOWA ) )ss: JOHNSON COUNTY ) This instrument acknowledged before me this Znd day of July, 2018, by Jesse Allen, Madger of Rollins Pass Developmento LLC. - s&( q c rte, a Notary ttablic W'SIA1,=ESHEBEKBEK13257STATE OF IOWA ) ires)ss: JOHNSON COUNTY ) This instrument acknowledged before me this 3 day of July, 2018, by Jim Throgmorton and Kellie Fruehling, as the Mayor and City Clerk, respectively, of the City o Iowa Citi, Iowa. Notary Public CHRISTINE OLNEY =Q `��111'.JJ'' � Commission Number 906232 * t My Commission Expires sown 3 UNDERGROUND UTILITY EASEMENT LINDEMANN SUBDIVISION - PART EIGHT In consideration of the approval of the Final Plat of Lindemann Subdivision - Part Eight, the undersigned hereby grants to MidAmerican Energy, Centurylink Corporation, MediaCom Iowa, L.L.C., and the City of Iowa City, and their successors and assigns, (hereinafter "Grantees") a perpetual easement upon, over, under, along and across the areas marked upon the Final Plat of Lindemann Subdivision - Part Eight as 1115.0' Utility Easement"; "15.0' Utility and Storm Sewer Easement"; "15.0' Utility and Sanitary Sewer Easement"; and "15.0' Utility, Sanitary and Storm Sewer Easement"; and 1136.0' Access and Private Utility Easement (Centered)"; hereafter referred to as "Easement Areas." The Grantees of this easement shall have the right to install, lay, construct, reconstruct, renew, operate, maintain and remove conduits, cables, pipes, electric lines below the surface of the ground, and other equipment or appurtenances above the surface of the ground as may be necessary for the purposes of serving the Subdivision and other property with electricity, gas, and communication service within the Easement Areas; 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. Grantees shall indemnify Owner against unreasonable loss or damage which may occur in the negligent exercise of the easement rights granted herein. Areas labeled "36.0' Access and Private Utility Easement (Centered)" shall be used only to provide services to structures located on Lot 39, unless otherwise agreed by the owner of Lot 39. Owner, 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 Owner 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, plantings, minor landscaping and other purposes that do not then or later interfere with the aforesaid uses or the rights herein granted, but such items placed in the Easement Areas, with or without City approval, may be removed by the Grantees without compensation or replacement. Dated as of this 5�day of July, 2018. U OWNER AND SUBDIVIDER: Rollins Pass Development LLC By: ess Allen, Manager CITY: :• t 1. By Jim Thropbrtoi , Mayor Gt Approvedr by: co 0911 4KC1�1,11UIWII City Attorney i Wig STATE OF IOWA ) )ss: JOHNSON COUNTY ) ATTEST: KJ Kellie Fruehli g, City Clerk S[A This instrument acknowledged before me this �'& day of July, 2018, by Jesse Allen, Maiter of Rollins Pass Development LLC. STATE OF IOWA ) )ss: JOHNSON COUNTY ) This instrument acknowledged July, 2018, by Jim Throgmorton and Notary llb11C o ru ff Comm's"0„N m Ex µres Y 61 2010 before me this �7day of Kellie Fruehling, as t Mayor and City Clerk, respectively, of the City of IQwa City, Iowa Notary Public o` CHRISTINE OLNEY a”, Commission Number 808232 + My Commission Expires 3I,p Prepared by and Return to: C. Joseph Holland, 123 N. Linn St., Suite 300, Iowa City, IA 52245 (319)354-0331 CONSERVATION EASEMENT LINDEMANN SUBDIVISION - PART EIGHT THIS AGREEMENT, made and entered into by and between Rollins Pass Development LLC, an Iowa limited liability company (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. WHEREAS, Subdivider is the owner of certain property within Lindemann Subdivision - Part Eight containing sensitive areas, as defined by the Iowa City Code of Ordinances, including wetlands, wetland buffers, and a stream corridor; and WHEREAS, in accordance with the Plan, and the Iowa City Sensitive Areas Ordinance, Subdivider must establish a Conservation Easement over certain property within the subdivision to mitigate the impact of development on the sensitive features; and 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 City a conservation easement for the purpose of protecting certain environmentally sensitive areas in accordance with the Iowa City Sensitive Areas Ordinance the Subdivider's Agreement from being disturbed or constructed upon, over and across the areas designated as "Conservation Easement" as shown on the Final Plat of Lindemann Subdivision - Part Eight, Iowa City, Iowa, hereinafter described as "Easement Area." 1. Grant of Easement and Rights of the Citv. To accomplish �J� the purposes of this easement, the following rights are granted and conveyed to the City, which shall include the right to enter upon and perform any work reasonably necessary to effectuate these rights: (a) To preserve, protect, and maintain the Easement Area consistent with this Agreement. (b) To enter upon the Easement Area at reasonable times in order to monitor compliance with the terms of this easement agreement (c) To prevent any activity on or use of the Easement Area that is inconsistent activity or use pursuant to this agreement. 2. Permitted Uses of the Easement Areas. Subdivider reserves to itself, its representatives, heirs, successors, and assigns, all rights accruing from its ownership of the Easement Area, including the right to engage in or permit or invite others to engage in all uses of the Easement Area that are not expressly prohibited herein and that are not inconsistent with the purposes of this easement. Without limiting the generality of the foregoing, the right to remove invasive trees and shrubs for species control is expressly reserved; In the event that Subdivider desires to undertake activities not specifically permitted by the foregoing paragraph, and not specifically prohibited by the provisions of Paragraph 3 below, Subdivider shall notify the City in writing not less than thirty (30) days prior to the date Subdivider intends to undertake such activity. The notice shall describe the nature, scope, design, location, timetable, and any other material aspect of the proposed activity in sufficient detail to permit the City to make an informed judgment as to its consistency with the purposes of this easement. 3. Prohibited Uses of the Property. Any activity on or use of the Easement Area inconsistent with the purposes of this easement is prohibited. It shall be the responsibility of the Subdivider and/or a homeowners' association to enforce this Paragraph 3. Without limiting the generality of the foregoing, the following activities and uses are expressly prohibited: 2 (a) Construction or erection of any building, shed, or structure; (b) Dumping of ashes, trash, rubbish, garbage, or any other materials; (c) Placing billboards, outdoor advertising structures, or advertisement of any kind on the Easement Area, excepting signs of a reasonable size intended for the protection of the Easement Area or the identification of a boundary of the Easement Area; (d) Any exploitation of mineral resources, by either subsurface or surface means; (e) Agricultural practices, including but not limited to, grazing, cultivating, tilling, plowing, or hay cutting; (f) Use of pesticides or herbicides, except for the eradication of species detrimental to the natural beauty and ecological integrity of the Easement Area as approved in advance by the City; (g) Use of motorized vehicles of any type, except as may be necessary for maintenance of the Easement Area consistent with the purposes of this easement and that will not result in significant damage as determined by City to soils, critical wildlife habitats, wetlands, woodlands, flood plains, floodways, and archeological sites; (h) Introduction of non-native plant species, except as may be necessary, with the prior approval of the City, for erosion control purposes; (i) Removal of natural materials except as specifically permitted under Paragraph 2(c) hereof. Control of plan diseases is allowed including the removal of diseased plants with prior approval by the City. Any plant removal for disease control purposes shall be in accordance with good preservation practices and further the intent of this easement; (j) Alteration of the topography of the Easement Area or its 3 /9-0 drainage systems, except with prior approval of the City, for purposes of erosion control, drainage tile repair, sanitary sewer repair, enhancement of wetland values, public safety considerations, or for purposes protective of the natural integrity of the Easement Area; (k) Installation of utility structures or lines, except with the prior approval of City. 4. The cost of maintaining the Easement Area and enforcing the terms of this Agreement shall be borne by the Subdivider until all lots in the Subdivision have been conveyed to third parties and Outlot A is accepted by and conveyed to the City. Thereafter the cost of maintaining the Easement Area shall be borne by the owner(s) of the Easement Area and enforcing the terms of this Agreement shall be borne by the City. 5. Subdivider does hereby covenant with the City that it is lawfully seized and possessed of the real estate above described, and Subdivider has good and lawful right to convey it, or any part thereof. 6. Nothing in this Agreement shall be construed to impose an obligation on the city to exercise any of its rights under this Agreement, or perform any maintenance or monitoring of the Easement Area, which obligation shall remain on the Subdivider or its successors in interest. 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 ? Y� day of July, 2018. SUBDIVIDER: Rollins Pass Development LLC By:sse Allen, Manager 4 /bLO r. CITY: _ B�Jitn Throgmortoi% Mayor Approvedc by: CORPORATE SEAL 'L' ����jttiV72'� 44?'4�v ���city Attorney 7/3/// STATE OF IOWA ) )ss: JOHNSON COUNTY ) ATTEST: Kellie Fruehli City Cler This instrument acknowledged before me this qV day of July, 2018, by Jesse Allen, Manger of Rollins Pass Development LLC. Notary oblic SUZANNE E. SHEBEK STATE OF IOWA ) �i Commission Number 713257 s s : My Commisswn Expires e� October 26, 2010 JOHNSON COUNTY ) This instrument acknowledged before me this 3I day of July, 2018, by Jim Throgmorton and Kellie Fruehling, as the Mayor and City Clerk, respectively, of the Cit of Iowa ity, Iowa. � �- Notary Public s CHRISTINE OLNEY s Commission Number 806232 * My Commission Expires own Ol-s—a /ate Doc ID: 027151580008 Type; GEN Kind: ORDINANCE Recorded: 09/10/2018 at 03:24:29 PM Fee Amt: $42.00 Pape 1 of 8 Johnson County Iowa Kim Painter County Recorder BK5835 PG404-411 STATE OF IOWA ) ) SS JOHNSON COUNTY ) I A 1 _ ° 'Ott f aty of� VAN C1 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.18-4765 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 4th day of September 2018, is a true and correct copy, all as the same appears of record in my office. Dated at Iowa City, Iowa, this 7-)-k day of September 2018. L':' Kellie K. Fruehling City Clerk \ord o-.- 410 EAST WASHINGTON STREET • IOWA CITY, IOWA 52240-1826 • (319) 356-5000 • FAX (319) 356-5009 7 Prepared by: Sylvia Bochner, Planning Intem, 410 E. Washington Street, Iowa City, IA 52240; 319356-5240 (REZ18-00014) Ordinance No. 18-4765 An ordinance conditionally rezoning approximately 3.41 acres from High Density Multifamily Residential (RM -44) zone to Riverfront Crossings—South Downtown Subdistrict (RFC -SD) zone located at 12 E. Court Street. (REZ18-00014) Whereas, the applicant, 100-500 LLC, has requested a rezoning of property located at 12 E. Court Street from High Density Multifamily Residential (RM -44) to Riverfront Crossings—South Downtown Subdistrict (RFC -SD); and Whereas, the Comprehensive Plan indicates that this property is appropriate for redevelopment of high density multifamily housing that contributes to a pedestrian friendly streetscape; and Whereas, the requested rezoning will result in a significant increase in residential density, necessitating street improvements for vehicular and pedestrian traffic, and Whereas, the large scale of the development (equivalent to a square block) necessitates careful consideration of design, 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 compliance with the Downtown and Riverfront Crossings Master Plan including dedication of right of way and construction of Capitol Street; 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 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 High Density Multifamily Residential (RM -44) to Riverfront Crossings -South Downtown Subdistrict (RFC -SD): ALL OF LOT 5, ALL OF LOT 6, LOT 7 EXCEPT THE NORTH 50 FEET OF THE EAST 25 FEET OF SAID LOT, LOT 8 EXCEPT THE EAST 25 FEET OF SAID LOT, IN BLOCK 101, IOWA CITY, JOHNSON COUNTY, IOWA, ACCORDING TO THE RECORDED PLAT THEREOF. ALSO INCLUDING THE CAPITOL STREET RIGHT OF WAY BETWEEN BLOCK 93 AND BLOCK 101 FROM THE SOUTH RIGHT OF WAY LINE OF BURLINGTON STREET TO THE NORTH RIGHT OF WAY LINE OF COURT STREET, IN IOWA CITY, JOHNSON COUNTY, IOWA, ACCORDING TO THE RECORDED PLAT THEREOF. ALSO INCLUDING LOTS 1, 2, 3,4 BLOCK 93, IOWA CITY, ACCORDING TO THE RECORDED PLAT THEREOF. Section It. Zoning Map. The building official is hereby authorized and directed to change the zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval and publication of the ordinance as approved by law. Section III. Conditional Zoning Agreement The mayor is hereby authorized and directed to sign, and the City Clerk attest, the Conditional Zoning Agreement between the property 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. 57 Ordinance No. 18-4765 Page 2 Section VI. Severability. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. Section VII. Effective Date. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this 4th day of September , 2018. M OR,;z �ATTEt9�t'`'� C TY CLERK Ap rovedb 1 n/l _ City Attorneys Office 3l Ordinance No. 18-4765 Page 3 It was moved by Mims and seconded by_ Ordinance as read be adopted, and upon roll call there were: Thomas AYES: NAYS: ABSENT: x Vacant — Botchway seat x Cole x Mims x Salih x Taylor x Thomas x Throgmorton First Consideration 08/21/2018 that the Voteforpassage: AYES: Cole, Mims, Salih, Taylor, Thomas, Throgmorton. NAYS: None. ABSENT: Vacant-Botchway seat. Second Consideration_ Vote for passage: Date published 09/13/2018 Moved by Mims, seconded by Salih, 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. "ll Prepared by: Sylvia Bochner, Planning Intern, 410 E. Washington, Iowa City, IA 52240 (319) 356-5240 (REZ18-00014) Conditional Zoning Agreement This agreement is made between the City of Iowa City, Iowa, a municipal corporation (hereinafter "City') and 100-500, L.L.C. (hereinafter "Owner"). Whereas, Owner is the legal title holder of approximately 3.41 acres of property located at 12 E. Court Street; and Whereas, the Owner has requested the rezoning of said property from High Density Multifamily Residential (RM -44) to Riverfront Crossings—South Downtown Subdistrict (RFC - SD); and Whereas, the requested rezoning will result in a significant increase in residential density, necessitating street improvements for vehicular and pedestrian traffic, and Whereas, the large scale of the development (equivalent to a square block) necessitates careful consideration of design, and Whereas, the Planning and Zoning Commission has determined that, with appropriate conditions regarding compliance with the Downtown and Riverfront Crossings Master Plan, including dedication of right of way and the construction of Capitol Street and streetscape enhancements on Burlington Street, 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 dedication of right of way and construction of Capitol Street and streetscape improvements on Burlington Street; 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. 100-500 LLC is the legal title holder of the property legally described as ALL OF LOT 5, ALL OF LOT 6, LOT 7 EXCEPT THE NORTH 50 FEET OF THE EAST 25 FEET OF SAID LOT, LOT 8 EXCEPT THE EAST 25 FEET OF SAID LOT, IN BLOCK 101, IOWA CITY, JOHNSON COUNTY, IOWA, ACCORDING TO THE RECORDED PLAT THEREOF. ALSO INCLUDING THE CAPITOL STREET RIGHT OF WAY BETWEEN BLOCK 93 AND BLOCK 101 FROM THE SOUTH RIGHT OF WAY LINE OF BURLINGTON STREET TO THE NORTH RIGHT OF WAY LINE OF COURT STREET, IN IOWA CITY, JOHNSON COUNTY, IOWA, ACCORDING TO THE RECORDED PLAT ppd.dMagW..18-000014 ma pent msl gaNens81618.Eoc 1 3/I THEREOF. ALSO INCLUDING LOTS 1, 2, 3, 4 BLOCK 93, IOWA CITY, ACCORDING TO THE RECORDED PLAT THEREOF. 2. The Owner acknowledges that the City wishes to ensure conformance to the principles of the Comprehensive Plan and the Downtown and Riverfront Crossings Master 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 chapter, as well as the following conditions: a. Prior to issuance of a building permit for any new development of the subject property, Owner shall; i. Submit and obtain the City's Managers written approval of a phasing plan for the development. The plan shall include dates by which Owner shall dedicate right of way to the City of sufficient width, as determined by the City, to facilitate the reestablishment of Capitol Street. In no event shall dedication of the Capitol Street Right of Way occur more than 36 months after issuance of the initial building permit, and in no event shall completion of the Capitol Street improvements occur more than 24 months after dedication of the right of way. ii. Obtain approval of the exterior design elevations from the Planning and Zoning Commission. If Level II design review is required for bonus height, the Planning and Zoning Commission will review the proposed development plan and make a recommendation to the City Council. b. Unless otherwise approved in writing by the City Manager in said phasing plan or an amendment thereto, Owner shall dedicate the Capitol Street Right of Way to the City and build the Capitol Street right-of-way to specifications approved by the City Engineer prior to issuance of a certificate of occupancy for any of the subject property. c. Prior to issuance of a certificate of occupancy for any of the subject property, Owner shall install streetscape improvements to enhance the pedestrian environment on Burlington Street and Court Street, as described in the Downtown and Riverfront Crossings Master Plan. d. 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. e. Development of the subject property must substantially conform to the building footprints shown in the Downtown and Riverfront Crossings Master Plan (page 61). Any significant deviation in the building footprint, as reasonably determined by the City, must be approved by the City Council in a Level II design review process. f. Development of the subject property must include a landscaped interior courtyard between the two easternmost buildings. Access to the University of Iowa's Voxman Music Building from the interior courtyard may be restricted or limited for safety reasons if deemed appropriate by the City Council in a level II design review process. ppd3dMagVrez18-000014¢a pentacrost gardens81618.doe 2 � g. The owner's architect team must have demonstrated experience to the City's reasonable satisfaction with both: 1) high-quality urban design; and, 2) large-scale student housing and/or residence halls (exterior and interior). The owner shall submit the qualifications of the architect team to the City Manager prior to the design review process to ensure this condition is met. The City Manager must confirm compliance with this condition in writing prior to the commencement of the design review process. h. In accordance with the Riverfront Crossing Form -Based Code, any request for bonus height shall "demonstrate excellence in building and site design, use high quality building materials, and be designed in a manner that contributes to the quality and character of the neighborhood". 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. 7. The parties further acknowledge that this agreement shall inure to the benefit of and bind all successors, representatives, and assigns of the parties. S. The Owner acknowledges that nothing in this Conditional Zoning Agreement shall be construed to relieve the Owner or Applicant from complying with all other applicable local, state, and federal regulations. 9. The parties agree that this Conditional Zoning Agreement shall be incorporated by reference into the ordinance rezoning the subject property, and that upon adoption and publication of the ordinance, this agreement shall be recorded in the Johnson County Recorder's Office at the Applicant's expense. Dated this 4th day of September 2018. City of Iowa City G, jO Throgmorton, Vayor Attest: 'prr�z PP S ppdadMagVmzlBQV, 0Dcn B�EA 0 3l Kellie Fruehling, City Clerk By: A roved by: 2,6(-22 City Attorney's Office 1 City of Iowa City Acknowledgement: STATE OF IOWA ) ) ss: JOHNSON COUNTY ) This instrument was acknowledged before me on 4 20$ by Jim Throgmorton and Kellie Fruehling as Mayor and City Clerk, respectively, of the City of Iowa City. Notary Public injind for the Stat& of Iowa VWMEE Dy(Stamp or Seal) co H i2R9428 MY CgnmlWpn EXPI MS Title (and Rank) Y l..iLt ✓�Se Spec.'-� 100-500, L.L.C. Acknowledgment: State of L ,,,,rx� Countyof This record was acknowledged before me on S / (Date) by �Tczrnes !�. ( r IC (Name(s) of indivi ual() as n t oy"1P r (type of authority, such as member) of 100-500, L.L.C. Public in and f* -the State of Iowa (Stamp or Seal) Title (and Rank) My commission expires: ppEazlMagVrez18-000014 as pemaoreM g1rd,1181818.doc e 3 Page 1 of 9 Doc ID: 027105790009 Type: GEN Kind: RESOLUTION I t1 Recorded: 07/24/2018 at 01:40:48 P11 r Fee Amt: $47.00 Page 1 of 9 ^� j14* Johnson county Iowa lat Kim Painter County Recorder�1 61(5817 Pa51-59...�. at Of STATE OF IOWA ) ) SS JOHNSON COUNTY ) I, Kellie K. Fruebling, City Clerk of Iowa City, Iowa, do hereby certify that the Resolution attached hereto is a true and correct copy of Resolution No. 18-215 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 17th day of July 2018, all as the same appears of record in my office. Dated at Iowa City, Iowa, this day of July 2018. Kellicl& Fruehling City Clerk Wes (ORPOMTER 410 EAST WASHINGTON STREET a IOWA CITY, IOWA 52240-1826 a (319) 356.5000 . FAX (319) 356-5009 Book: 5817 Page: 51 Seq:1 Page 2 of 9 rl Prepared by Wendy Ford, Eoon. Dev. Coordinator, 410 E Washington St Iowa City IA 52240 3565248 Resolution No. 18 —215 Resolution Approving an Agreement for Private Development By and Among the City, Foster Road Developers, L.L.C., Vintage Cooperative of Iowa City, and Ewing Land Development & Services, L.L.C. for Foster Road and The Vintage Cooperative Senior Living Whereas, Foster Road Developers, L.L.C. ('Developer") submitted a private redevelopment proposal for the Foster Road extension between Dubuque Street and Prairie du Chien and construction of a senior living facility (hereinafter the "Project'), and a request for $3,367,000 in financial assistance from the City; and Whereas, on March 20, 2018, the Iowa City City Council adopted Resolution No. 18-75 approving the Foster Road Urban Renewal Plan (hereinafter referred to as the "Urban Renewal Piano or 'Plan") forthe urban renewal area shown on Exhibit A and legally described on Exhibit B attached thereto ("Urban Renewal Area" or "Area'); Whereas, in exchange for the $3,367,000 in tax increment rebate grant funds, the developers have committed to investing a minimum of $20,167,000 in development costs to construct approximately 3,400 linear feet of public infrastructure to extend Foster Road and an elder apartment housing development, Including at least 50 dwelling units; and Whereas, approximately 45% of the tax increment generated from development within the Foster Road Urban Renewal Area will be set aside for low to moderate Income housing assistance throughout the city in accordance with Iowa Code Chapter 403; and Whereas, Staff has reviewed the application and proposed Developer's Agreement and recommends approval; and Whereas, the City has determined the Project is consistent With and authorized by the Urban Renewal Plan and all applicable State and federal laws, including, but not limited to, Iowa Code Chapters 15A and 403; and Whereas, the City believes that the Project and the fulfillment generally of this Agreement, are In the vital and best interests of the City and in accord with the public purposes and provisions of the applicable State and local laws and requirements under which the foregoing project has been undertaken and is being assisted; and Now therefore be it resolved by the City Council of the City of Iowa City, Iowa, that: 1. That the Agreement for Private Development by and among the City of Iowa City Iowa, Foster Road Developers, LLC, Vintage Cooperative of Iowa City and Ewing Land Development & Services, LLC is in the public Interest of the residents of Iowa City, 2. That said Agreement is consistent with and authorized by the Urban Renewal Plan and all applicable State and federal laws including, but not limited to, Iowa Code Chapters 15A and 403; and Book: 5817 Page: 61 Seq:42 3 Page 3 or 9 Resolution No. 18- 215 Page 2 3. That the Mayor is authorized and directed to execute the Agreement in a form approved by the City Attorney, and the City Clerk Is authorized and directed to attest the signature and to affix the seal of the City Clerk. 4. That 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. 5. That the City Clerk be directed to certify and record the resolution at Foster Road Developers, LLC's expense. 6. That the City Manager is hereby authorized to administer the terms of the Agreement for Private Redevelopment. Passed and approved this 17th day of July . 2018. MAYOR Approved by 1' ATTEST: Deputy LERK CityAttomey's Office co POM [A[ Book: 5817 Page: 51 Seq:3 Page 4 o19 Resolution No. ^.Lg-215 Page 3 It was moved by Mims and seeonded by Taylor the Resolution be adopted, and upon roll call there were: AYES: NAYS: x x x' x x x x Botchway Cole Mims Salih Taylor Thomas Tluogmorton Book: 6817 Page: 51 Seq:4 Page 5 o19 1:01011-3111 MEMORANDUM OF AGREEMENT FOR PRIVATE DEVELOPMENT WHEREAS, the City of Iowa City, Iowa (the "City"), Ewing Land Development & Services, L.L.C. ("Ewing'), a limited liability company organized under the laws of the State of Iowa and having an office for the transaction of business at 909 W. 16m St., Pella, Iowa, 50219, Vintage Cooperative of Iowa City, a housing cooperative organized under the laws of the State of Iowa and having an office for the transaction of business at 909 W. 16th St., Pella, Iowa 50219 (" Vintage's, and Foster Road Developers, LLC. e'Developer'), a limited liability company organized under the laws of the State of Iowa and having an office for the transaction of business at 340 Herky Street, North Liberty, Iowa, 52317, did on or about the / day of July, 2018, make, execute and deliver an Agreement for Private Development (the "Agreement"), wherein and whereby Ewing, Vintage and Developer agreed, in accordance with the terms of the Agreement, to develop and maintain certain real property located within the City and as more particularly desgribed as follows: Lot 3, Forest Hill Estates, according to the amended plat thereof recorded in Book to iX, Page /og , and all of the Foster Road right-of-way located from the centerline of the Dubuque Street right-of-way east to the eastern line of the Prairie du Chien right-of-way. WHEREAS, the term of this Agreement shall commence on the &6 day of 2018 and terminate on the Termination Date, as set forth in the Agreement; and WHEREAS, the City, Ewing, Vintage and the Developer desire to record a Memorandum of the Agreement referring to the Development Property and their respective interests therein. NOW, THEREFORE, IT IS AGREED AS FOLLOWS: 1. That the recording of this Memorandum of Agreement for Private Development shall serve as notice to the public that the Agreement contains provisions restricting development and use of the Development Property and the improvements located and operated on such Development Property. 2. That all provisions of the Agreement and any subsequent amendments thereto, if any, even though not set forth herein, are by the filing of this Memorandum of Agreement for Private Development made a part hereof by reference, and that anyone making any claim against any of said Development Property in any manner whatsoever shall be fully advised as to all of the terms and conditions of the Agreement, and any amendments thereto, as if the same were fully set forth herein. 3. That a copy of the Agreement and any subsequent amendments thereto, if any, shall be maintained on file for public inspection during ordinary business hours in the office of the City Clerk, City Hall, 410 E. Washington Street, Iowa City, Iowa 47 Book: 5817 Page: 51 Seq:5 --bq Page 6 of 9 IN WITNESS WHEREOF, the City, Ewing, Vintage an, Developer have executed this Memorandum of Agreement for Private Development as of the L day of 2018. (SEAL).-"" CITY OF IOWA CITY, IOWA :Y BY: "^ a James AWlirogmorton, Mayor ATTEST: � rf :' Julie Vo 1, DepuPC3.Clerk EWING LAND DEVEL MENT & SERVICES, L.L.C. (OUNTHN BY. Member VINTAGE COOPERA E OF IOWA CITY BY: FOSTER ROAD DEVELOPERS, L.L.C. CITY OF IOWA CITY ACKNOWLEDGEMENT STATE OF IOWA COUNTY OF JOHNSON On this 0A day of July, 2018, before me a Notary Public in and for said County, personally appeared James A. Throgmorton and Julie Voparil to me personally known, who being duly sworn, did say that they are the Mayor and Deputy Clerk, respectively of the City of Iox City, Iowa, a Municipal Corporation, created and existing under the laws of the State of Iowa, and that the seal affixed to the foregoing instrument is the seal of said Municipal Corporation, and that said instrument was signed and sealed on behalf of said Municipal Corporation by authority and (00246105 3) 48 Book: 5817 Page: 51 Seq:6 0? Page 7 of 9 resolution of its City Council and said Mayor and Deputy Clerk acknowledged said instrument to be the free act and deed of said Municipal Corporation nbby� it voluntarily executed. CF RISTINECLNEY—�ldf�(,�1[�� Cammtttion NumDK BOE292 Notary Public in and for Wtate of Iowa • r My �dmid111ai Exp{CEO rrs EWING LAND DEVELOPMENT & SERVICES, L.L.C. STATE OF IOWA ) )SS COUNTY OF JOHNSON ) This instrument was acknowledged before & SERVICES, L.L.C. Notary VINTAGE COOPERATIVE OF IOWA CITY STATE OF IOWA COUNTY OF JOHNSON this day of 20_, by of EWING LAND DEVELOPMENT State This instrument was acknowleftod before me on this day of 20� by as Z of VINTAGE COOPERATIVE OF IOWA CITY. FOSTER ROAD DEVELOPERS, L.L.C. ACKNOWLEDGEMENT STATE OF IOWA ) )SS COUNTY OF JOHNSON ) This instrument was acknowledged before me on this L71 day of July 2018, by James P. Glasgow and Joseph G. Stiltner as managers of FOSTER ROAD DEVELOPERS, LLC. i .A /I MICHAEL J PUt3H Notary Public in and for dgtate of Iowa CammW1on Number 175!82 My JulCa y (00246105 3) 49 Book: 5817 Page: 51 Seq:7 131? Page 9 of 9 IN WITNESS WHEREOF, the City, Ewing, Vintage and Developer have executed this Memorandum of Agreement for Private Development as of the _ day of 2018. ..::� •., (SEAL). ~ �. CITY OF IOWA CITYi IOWA fORPORg1ER BY: James A gmorton, Mayor ATTEST: BY: �yt+�o Julie Voparil, Deputy City Clerk EWINO LAND VELOPMENT & SERVICES, L.L.C. BY: Member VINTAOEOPE TIVA.YIOWACITY BY: 461.—t O :tc 1 BY: James BY: CITY OF IOWA CITY ACKNOWLEDGEMENT STATE OF IOWA COUNTY OF JOHNSON On this 1? 0� day of July, 2018, before me a Notary Public in and for said County, personally appeared James A. Tbrogmorton and. Julie Voparil to me personally known. who being duly sworn, did say that they are the Mayor and Deputy Clerk, respectively of City of Iowa City, Iowa, a Municipal Corporation, created and existing under the laws of the State of Iowa, and that the seal affixed to the foregoing instrument is the seal of said Municipal Corporation, and that said instrument was signed and sealed on behalf of said Municipal Corporation by authority and 48 Book: 6817 Page: 61 Seq:8 Page 9 ol9 resolution of its City Council and said Mayor and Deputy Clerk acknowledged said the free act and deed of said Municipal Corporation by it voluntarily,executed. OA., iitX CHRISTINNEY _ CommiWon Nu w tI n Pilo Notary Public in an o State of Iowa •' . Mr Com9rawn Egkn OW4 EWING LAND DEVELOPMENT & SERVICES, L.L.C. ACKNOWLEDGEMENT STATE OF IOWA ) )SS COUNTY OF JOHNSON ) instrument -to be This instrument was acknowledged before me on this 17hi day of 201y, by Jc Fw�. and ,as rYl / ofEWINGLANDD 3yELOPMENT & SERVICES, I.C. TMfrA..R+DFOh1S (� /�J n rt�mdoe MOMS 9 RAR t `h $° ti -ter Notary Public in and fir the State of Iowa VINTAGE COOPERATIVE OF IOWA CITY ACKNOWLEDGEMENT STATE OF IOWA ) )SS COUNTY OF JOHNSON ) This instrument was acknowledg4eq before me on this 1171" day ofJ ww f 20 /84 by Zo5L Cum �, as +rEa2d of VINTAGE COOPER�AtTIVE F I Wf ciff. PS FOSTER ROAD DEVELOPERS, L.L.C. ACKNOWLEDGEMENT STATE OF IOWA ) AS COUNTY OF JOHNSON ) This instrument was acknowledged before me on this day of July 2018, by James P. Glasgow and Joseph G. Stiltner as managers of FOSTER ROAD DEVELOPERS, LLC. Notary Public in and for the State of Iowa 49 Book: 5817 Page: 51 Seq:9 -6g CERTIFICATE OF COMPLIANCE re: CONDOMINIUM CONVERSION COUNTY OF JOHNSON ) ss: STATE OF IOWA ) Doc ID: 027159760220 Type: GEN Kind: CONDOMINIUM at Fee Amt: $19102.001Page 02:00:59 2of 220 PM Johnson County Iowa Kim Painter County Recorder BK5838 PG499-718 I, Danielle Sitzman, upon being duly sworn do depose and state as follows: 1. I am the building official for the City of Iowa City. 2. On September 12, 2018 the City of Iowa City issued a Certificate of Compliance for the structures located at 2401 Highway 6 East, and legally described as follows: A portion of the East Half of Section 23, and a portion of the West Half of Section 24, all in Township 79 North, Range 6 West of the Fifth Principal Meridian, Iowa City, Johnson County, Iowa, the boundaries of which are described as follows: Commencing at the southeast corner of Section 23, Township 79 North, Range 6 West of the Fifth Principal Meridian, Iowa City, Johnson County, Iowa, thence South 89°37'07" West, 1318.71 feet; thence North 00°02'09" East, 2649.23 feet; thence North 88°59'27" East, 519.72 feet; thence South 00°01'10" East, 21.04 feet; thence South 51°18'30" East, 182.73 feet; thence South 3804030" West, 125.00 feet; thence South 51°18'40" East, 300.14 feet; thence North 38°39'20" East, 125.00 feet; thence South 51°15'00" East, 195.00 feet; thence North 38°35'50" East, 320.00 feet; thence North 51°17'38" West, 194.96 feet; thence North 38°42'53" East, 194.53 feet to the point of beginning; thence North 38°43'46" East, 550.11 feet; thence North 06°46'05" West, 84.92 feet; thence North 38°2845" East, 150.02 feet; thence South 51022'51" East, 1044.09 feet; thence South 38°35'58" West, 682.93 feet; thence southwesterly 149.90 feet along the arc of the 167.00 foot radius curve concave northwesterly, whose 144.92 foot chord bears South 64°18'50" West; thence North 89°58'18" West, 41.71 feet; thence North 00°04'51" East, 101.71 feet; thence North 51021'59" West, 825.76 feet to said point of beginning. (hereinafter the "Real Estate") 3. The City of Iowa City has inspected said structures, and it met the City Building Code requirements in effect when the Certificate of Compliance was issued. 4. This Affidavit is being given in order to establish compliance with Iowa Code -�q § 49913.20 (2017) and Iowa City Ordinance No. 01-3960, which is codified at City Code § 17-10. -::L� (Z�, 4 Danielle Sitzman This instrument was acknowledged before me on / �s 2018 by Danielle Sitzman. (9/13/2018) Notary Public in and for the State of Iowa My Commission expires: NOTAMAL SEAL ree. Doc ID: 027159730018 Type. GEN i Kind: SUBDIVISION Recorded: 09/20/2018 at 01:49:08 PM 1 18 L1 Fee Amt: $92.00 Pape of rIIIMki', Johnson County Iowa Kim Painter County Recorder � l ` 11�®i�� BK 5838 PG480-497 --�� CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240-1826 (319) 356-5000 STATE OF IOWA ) 09 FAX ) SS www. gov.or356-S www-icgov.org 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. 18-268, which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 18th day of September, 2018, all as the same appears of record in my office. Also attached are the final legal documents for Towncrest nn� Subdivision — Part One, Iowa City, Iowa. I Y� y, n Dated at Iowa City, Iowa, this arJ'.yday of ( 2018. Kellie K. Fruehling J City Clerk fires subdivision � 0 Prepared by: Anne Russett, Senior Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5251 (SUB18-00011) Resolution No. '18-268 Resolution Approving Final Plat Of Towncrest Subdivision — Part One, Iowa City, Iowa. Whereas, the owner, Kum & Go LC, filed with the City Clerk the final plat of Towncrest Subdivision - Part One, Iowa City, Iowa, Johnson County, Iowa; and Whereas, said subdivision is located on the following -described real estate in Iowa City, Johnson County, Iowa, to wit: A PART OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 13, TOWNSHIP 79 NORTH, RANGE 6 WEST OF THE FIFTH PRINCIPAL MERIDIAN AND A RESUBDIVISION OF LOTS 12, 13, 14, AND 15 OF TOWNCREST ADDITION TO THE CITY OF IOWA CITY, IOWA, ACCORDING TO THE RECORDED PLAT THEREOF, ALL IN IOWA CITY, JOHNSON COUNTY, IOWA, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF LOT 12 IN BLOCK 1, TOWNCREST ADDITION TO IOWA CITY, IOWA, ACCORDING TO THE RECORDED PLAT THEREOF; THENCE N01024'19"W ALONG THE EASTERLY RIGHT-OF-WAY LINE OF FIRST AVENUE, A DISTANCE OF 50.30 FEET; THENCE N87°41'23°E ALONG SAID EASTERLY RIGHT-OF-WAY, A DISTANCE OF 1.00 FEET; THENCE N01°20'01"W ALONG SAID EASTERLY RIGHT-OF-WAY LINE, A DISTANCE OF 80.04 FEET; THENCE N01°25'09°W ALONG SAID EASTERLY RIGHT- OF-WAY LINE, A DISTANCE OF 104.90 FEET; THENCE N20°16'25"E ALONG SAID EASTERLY RIGHT-OF-WAY LINE, A DISTANCE OF 16.24 FEET TO THE SOUTHERLY RIGHT-OF-WAY LINE OF MUSCATINE AVE; THENCE N88°00'34"E ALONG SAID SOUTHELRY RIGHT-OF-WAY LINE, A DISTANCE OF 255.54 FEET TO THE WESTERLY RIGHT-OF-WAY LINE OF WADE STREET; THENCE S01°12'29"E ALONG SAID WESTERLY RIGHT-OF-WAY LINE, A DISTANCE OF 120.00 FEET; THENCE S01°17'52"E ALONG SAID WESTERLY RIGHT OF WAY LINE, A DISTANCE OF 80.00 FEET; THENCE S03°36'56"E ALONG SAID WESTERLY RIGHT-OF-WAY LINE, A DISTANCE OF 80.00 FEET TO THE SOUTHEAST CORNER OF LOT 15 IN BLOCK 1 TOWNCREST ADDITION, IOWA CITY, IOWA, ACCORDING TO THE PLAT RECORDED THEREOF; THENCE S88°17'39"W ALONG THE SOUTHERLY LINE OF SAID LOT 15, A DISTANCE OF 138.80 FEET TO THE SOUTHWEST CORNER OF SAID LOT 15; THENCE NO2041'03"W ALONG THE WESTERLY LINE OF SAID LOT 15, A DISTANCE OF 29.67 FEET TO THE SOUTHEAST CORNER OF LOT 12 BLOCK 1 TOWNCREST ADDITION, IOWA CITY, IOWA, ACCORDING TO THE PLAT RECORDED THEREOF; THENCE S87°42'23"W ALONG THE SOUTHERLY LINE OF SAID LOT 12, A DISTANCE OF 125.67 FEET TO THE SOUTHWEST CORNER OF SAID LOT 12 AND THE POINT OF BEGINNING. SAID PARCEL CONTAINS 1.59 ACRES, AND IS 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 YY Resolution No. 18-268 Page 2 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 right-of-way as provided by law and specifically sets aside portions of the dedicated land, namely streets, as not being open for public access at the time of recording for public safety reasons. 3. The Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed, upon approval by the City Attorney, to execute all legal documents relating to said subdivision, and to certify a copy of this resolution, which shall be affixed to the final plat after passage and approval by law. The City Clerk shall record the legal documents and the plat at the office of the County Recorder of Johnson County, Iowa at the expense of the owner/subdivider. Passed and approved this 18th day of September , 20 1& M or Approved by SCI. Attest: /Gt � City Clerk City Attorney's Office It was moved by 'Taylor and seconded by Aims the Resolution be adopted, and upon roll call there were: Ayes: x X X X X X Nays: Absent: X Vacant Cole Mims Salih Taylor Thomas Throgmorton pod/templateslFinal Plat - Resolulion - Ta crest.doc.doc t Q Prepared by and when recorded, return to: Joel Huston, 6400 Westown Parkway, West Des Moines, IA 50266, (515) 457-6222 OWNER'S CONSENT TO PLAT AND DEDICATION OF RIGHT OF WAY The undersigned, KG STORE 502, L.L.C., an Iowa limited liability company, as the owner of the real estate described below and on the Plat to which this certification and dedication is attached, hereby acknowledges that said real estate has been surveyed and platted, with its free consent and in accordance with its desires, for the purpose of platting a subdivision in Johnson County, Iowa, to be known as "TOWNCREST PART 1, an Official Plat, City of Iowa City, Johnson County, Iowa." The real estate owned by KG Store 502, L.L.C. being platted is legally described as follows: Lot 1: A PART OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 13, TOWNSHIP 79 NORTH, RANGE 6 WEST OF THE FIFTH PRINCIPAL MERIDIAN AND A RESUBDIVISION OF LOTS 12,13, 14, AND 15 OF TOWNCREST ADDITION TO THE CITY OF IOWA CITY, IOWA, ACCORDING TO THE RECORDED PLAT THEREOF, ALL IN IOWA CITY, JOHNSON COUNT, IOWA, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF LOT 12 IN BLOCK 1, TOWNCREST ADDITION TO IOWA CITY, IOWA, ACCORDING TO THE RECORDED PLAT THEREOF; THENCE NOl°24'19"W ALONG THE EASTERLY RIGHT-OF-WAY LINE OF FIRST AVENUE, A DISTANCE OF 50.30 FEET; THENCE N87041'23"E ALONG SAID EASTERLY RIGHT-OF-WAY; A DISTANCE OF 1.00 FEET; THENCE NOl °20'01 "W ALONG SAID EASTERLY RIGHT-OF-WAY LINE, A DISTANCE OF 80.04 FEET; THENCE NOl°25'09"W ALONG SAID EASTERLY RIGHT-OF-WAY LINE, A DISTANCE OF 104.90 FEET; THENCE N20°16'25"E ALONG SAID EASTERLY RIGHT-OF-WAY LINE, A DISTANCE OF 16.24 FEET TO THE SOUTHERLY RIGHT-OF-WAY LINE OF MUSCATINE AVE; THENCE N88000'34"E ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE, A DISTANCE OF 255.54 FEET TO THE WESTERLY RIGHT-OF-WAY LINE OF WADE STREET; THENCE S01012'29"E ALONG SAID WESTERLY RIGHT-OF-WAY LINE, A DISTANCE OF 120.00 FEET; THENCE SOI°17'52"E ALONG SAID WESTERLY RIGHT OF WAY LINE, A DISTANCE OF 80.00 FEET; THENCE S03°36'56"E ALONG lug SAID WESTERLY RIGHT-OF-WAY LINE, A DISTANCE OF 80.00 FEET TO THE SOUTHEAST CORNER OF LOT 15 IN BLOCK 1 TOWNCREST ADDITION, IOWA CITY, IOWA, ACCORDING TO THE PLAT RECORDED THEREOF; THENCE S88017'39"W ALONG THE SOUTHERLY LINE OF SAID LOT 15, A DISTANCE OF 138.80 FEET TO THE SOUTHWEST CORNER OF SAID LOT 15; THENCE NO2041'03"W ALONG THE WESTERLY LINE OF SAID LOT 15, A DISTANCE OF 29.67 FEET TO THE SOUTHEAST CORNER OF LOT 12 BLOCK 1 TOWNCREST ADDITION, IOWA CITY, IOWA, ACCORDING TO THE PLAT RECORDED THEREOF; THENCE S87°42'23"W ALONG THE SOUTHERLY LINE OF SAID LOT 12, A DISTANCE OF 125.67 FEET TO THE SOUTHWEST CORNER OF SAID LOT 12 AND THE POINT OF BEGINNING. SAID PARCEL CONTAINS 1.59 ACRES, AND IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. O Lot B: A PART OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 13, TOWNSHIP 79 NORTH, RANGE 6 WEST OF THE FIFTH PRINCIPAL MERIDIAN, IN IOWA CITY, JOHNSON COUNTY, IOWA, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF LOT 12 IN BLOCK 1, TOWNCREST ADDITION TO IOWA CITY, IOWA, ACCORDING TO THE RECORDED PLAT THEREOF; THENCE N01'24'19"W ALONG THE EASTERLY RIGHT-OF-WAY LINE OF FIRST AVENUE, A DISTANCE OF 50.30 FEET; THENCE N87041'23"E ALONG SAID EASTERLY RIGHT-OF-WAY, A DISTANCE OF 1.00 FEET; THENCE NOl °20'01 "W ALONG SAID EASTERLY RIGHT-OF-WAY LINE, A DISTANCE OF 6.56 FEET FOR THE POINT OF BEGINNING; THENCE CONTINUING NO1°20'01"W ALONG SAID EASTERLY RIGHT-OF-WAY LINE, A DISTANCE OF 80.04 FEET; THENCE NOl°25'09"W ALONG SAID EASTERLY RIGHT-OF-WAY LINE, A DISTANCE OF 104.90 FEET; THENCE N20°16'25"E ALONG SAID EASTERLY RIGHT-OF-WAY LINE, A DISTANCE OF 16.24 FEET TO THE SOUTHERLY RIGHT-OF-WAY LINE OF MUSCATINE AVE; THENCE N88000'34"E ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE, A DISTANCE OF 0.50 FEET; THENCE SOI°25'09"E, A DISTANCE OF 120.00 FEET; THENCE S01°20'01"E, A DISTANCE OF 73.48 FEET; THENCE S88°34'51"W, A DISTANCE OF 6.50 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 1212 SQUARE FEET, AND IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. The real estate described on the Plat is located within the corporate limits of Johnson County, Iowa. The undersigned, KG Store 502, L.L.C., does hereby dedicate Lot B, Towncrest Part 1, an Official Plat, City of Iowa City, Johnson County, Iowa, to the City of Iowa City as public right of way. 19, Dated this day of September, 2018. KG STORE 502, L.L.C. LMA i!%� ti' STATE OF IOWA ) ) SS. COUNTY OF DALLAS ) This intrument was acknowledged before me on the Cl t� as &t^-C*•bce I + -e-sfx JOEL D HUSTON Notary A'k'Co ninion Number 733209 bn Ires O of -4u is.2018, by for the State of Iowa r 0 Prepared by and when recorded, return to: Joel Huston, 6400 Westown Parkway, West Des Moines, IA 50266, (515) 457-6222 OWNER'S CONSENT TO PLAT AND DEDICATION OF RIGHT OF WAY The undersigned, IOWA CITY HOSPICE, INC., an Iowa corporation, as the owner of the real estate described below and on the Plat to which this certification and dedication is attached, hereby acknowledges that said real estate has been surveyed and platted, with its free consent and in accordance with its desires, for the purpose of platting a subdivision in Johnson County, Iowa, to be known as "TOWNCREST PART 1, an Official Plat, City of Iowa City, Johnson County, Iowa." The real estate owned by IOWA CITY HOSPICE, INC. being platted is legally described as follows: Lot 2: A PART OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 13, TOWNSHIP 79 NORTH, RANGE 6 WEST OF THE FIFTH PRINCIPAL MERIDIAN AND A RESUBDIVISION OF LOTS 12, 13, 14, AND 15 OF TOWNCREST ADDITION TO THE CITY OF IOWA CITY, IOWA, ACCORDING TO THE RECORDED PLAT THEREOF, ALL IN IOWA CITY, JOHNSON COUNT, IOWA, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF LOT 12 IN BLOCK 1, TOWNCREST ADDITION TO IOWA CITY, IOWA, ACCORDING TO THE RECORDED PLAT THEREOF; THENCE NO1°24'19"W ALONG THE EASTERLY RIGHT-OF-WAY LINE OF FIRST AVENUE, A DISTANCE OF 50.30 FEET; THENCE N87041'23"E ALONG SAID EASTERLY RIGHT-OF-WAY, A DISTANCE OF 1.00 FEET; THENCE NO1°20'01"W ALONG SAID EASTERLY RIGHT-OF-WAY LINE, A DISTANCE OF 80.04 FEET; THENCE NO1025'09"W ALONG SAID EASTERLY RIGHT-OF-WAY LINE, A DISTANCE OF 104.90 FEET; THENCE N20016'25"E ALONG SAID EASTERLY RIGHT-OF-WAY LINE, A DISTANCE OF 16.24 FEET TO THE SOUTHERLY RIGHT-OF-WAY LINE OF MUSCATINE AVE; THENCE N88000'34"E ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE, A DISTANCE OF 255.54 FEET TO THE WESTERLY RIGHT-OF-WAY LINE OF WADE STREET; THENCE SOI°12'29"E ALONG SAID WESTERLY RIGHT-OF- WAY LINE, A DISTANCE OF 120.00 FEET; THENCE S01°17'52"E ALONG SAID WESTERLY RIGHT OF WAY LINE, A DISTANCE OF 80.00 FEET; THENCE FA r S03036'56"E ALONG SAID WESTERLY RIGHT-OF-WAY LINE, A DISTANCE OF 80.00 FEET TO THE SOUTHEAST CORNER OF LOT 15 IN BLOCK 1 TOWNCREST ADDITION, IOWA CITY, IOWA, ACCORDING TO THE PLAT RECORDED THEREOF; THENCE S88°17'39"W ALONG THE SOUTHERLY LINE OF SAID LOT 15, A DISTANCE OF 138.80 FEET TO THE SOUTHWEST CORNER OF SAID LOT 15; THENCE NO2°41'03"W ALONG THE WESTERLY LINE OF SAID LOT 15, A DISTANCE OF 29.67 FEET TO THE SOUTHEAST CORNER OF LOT 12 BLOCK I TOWNCREST ADDITION, IOWA CITY, IOWA, ACCORDING TO THE PLAT RECORDED THEREOF; THENCE S87°42'23"W ALONG THE SOUTHERLY LINE OF SAID LOT 12, A DISTANCE OF 125.67 FEET TO THE SOUTHWEST CORNER OF SAID LOT 12 AND THE POINT OF BEGINNING. SAID PARCEL CONTAINS 1.59 ACRES, AND IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. Lot A: A PART OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 13, TOWNSHIP 79 NORTH, RANGE 6 WEST OF THE FIFTH PRINCIPAL MERIDIAN AND PART OF LOT 12 BLOCK I OF TOWNCREST ADDITION TO THE CITY OF IOWA CITY, IOWA, ACCORDING TO THE RECORDED PLAT THEREOF, ALL IN IOWA CITY, JOHNSON COUNTY, IOWA, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF LOT 12 IN BLOCK 1, TOWNCREST ADDITION TO IOWA CITY, IOWA, ACCORDING TO THE RECORDED PLAT THEREOF; THENCE NO1°24'19"W ALONG THE EASTERLY RIGHT-OF-WAY LINE OF FIRST AVENUE, A DISTANCE OF 12.52 FEET FOR THE POINT OF BEGINNING; THENCE CONTINUING N01°24'19"W ALONG THE EASTERLY RIGHT-OF-WAY LINE OF FIRST AVENUE, A DISTANCE OF 37.78 FEET; THENCE N87°41'23"E ALONG SAID EASTERLY RIGHT-OF-WAY, A DISTANCE OF 1.00 FEET: THENCE NOl°20'01"W ALONG SAID EASTERLY RIGHT-OF-WAY LINE, A DISTANCE OF 6.56 FEET; THENCE N88°34'51"E, A DISTANCE OF 6.50 FEET; THENCE SOI°20'01"E, A DISTANCE OF 16.64 FEET; THENCE S13043'15"W, A DISTANCE OF 28.69 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 222 SQUARE FEET, AND IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. The real estate described on the Plat is located within the corporate limits of Johnson County, Iowa. The undersigned, Iowa City Hospice, Inc., does hereby dedicate Lot A, Towncrest Part 1, an Official Plat, City of Iowa City, Johnson County, Iowa, to the City of Iowa City as public right of way. r Dated this 1? day of sE, 2018. IOWA CITY HOSPICE, INC. By: 1-44� LeAnn Tatman, Chair By: 0 X C' Or"..1-- Randy McDonough, Secretary STATE OF IOWA ) SS. COUNTY OF JOHNSON ) This instrument was acknowledged before me on the 18!k day of September, 2018, by LeAnn Tatman, as Chair of Iowa City Hospice, Inc. Notary Public in and for th State of Iowa ��caAc �� MICHELE ABOGS STATE OF IOWA ) o y Commission Number 808199 * My Commission Expires ) SS. ,ow► January 02, 2021 COUNTY OF JOHNSON ) This instrument was acknowledged before me on the day of September, 2018, by Randy McDonough, as Secretary of Iowa City Hospice, Inc. Notary Public in and for the State of Iowa o ESMERALDAMONTAWO Canmi9sbn Number 79 • MY Commission 00ii Medi 31, 2010 M F=arcd by and when recorded return to: Joel D Huston 6400 W town Parkway. West Des Moines IA 50266 (515)457-6222 CERTIFICATE OF COUNTY TREASURER STATE OF IOWA ) ) SS. COUNTY OF JOHNSON ) I, Tom Kriz, County Treasurer of Johnson County, Iowa, having examined the records of my office in accordance with the provisions of Chapter 354 of the Code of Iowa pertaining to real property legally described as follows: A PART OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 13, TOWNSHIP 79 NORTH, RANGE 6 WEST OF THE FIFTH PRINCIPAL MERIDIAN AND ARESUBDIVISION OF LOTS 12,13,14, AND 15 OF TOWNCREST ADDITION TO THE CITY OF IOWA CITY, IOWA, ACCORDING TO TEE RECORDED PLAT THEREOF, ALL IN IOWA CITY, JOHNSON COUNT, IOWA, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF LOT 12 IN BLOCK 1, TOWNCREST ADDITION TO IOWA CITY, IOWA, ACCORDING TO THE RECORDED PLAT THEREOF; THENCE NOl°24'19"W ALONG THE EASTERLY RIGHT-OF-WAY LINE OF FIRST AVENUE, ADISTANCE OF 50.30 FEET; THENCE N87°41'23"E ALONG SAID EASTERLY RIGHT-OF-WAY, A DISTANCE OF 1.00 FEET; THENCE NO 1020'0 FV ALONG SAID EASTERLY RIGHT-OF-WAY LINE, A DISTANCE OF 80.04 FEET; THENCE N01025'09"W ALONG SAID EASTERLY RIGHT-OF-WAY LINE, A DISTANCE OF 104.90 FEET; TEENCE N20P16125"B ALONG SAID EASTERLY RIGHT-OF-WAY LINE, A DISTANCE OF 16.24 FEET TO THE SOUTHERLY RIGHT-OF-WAY LINE OF MUSCATINE AVE; THENCE N88°00'34"E ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE, A DISTANCE OF 255.54 FEET TO THE WESTERLY RIGHT-OF-WAY LINE OF WADE STREET; THENCE S0101229'B ALONG SAID WESTERLY RIGHT-OF-WAY LINE, A DISTANCE OF 120.00 FEET; THENCE SOI°1T52"E ALONG SAID WESTERLY RIGHT OF WAYLINE, ADISTANCE OF 80.00 FEET; THENCE S03°3656"E ALONG SAID WESTERLY RIGHT-OF-WAY LINE, A DISTANCE OF 80.00 FEET TO THE SOUTHEAST CORNER OF LOT 15 IN BLOCK 1 TOWNCREST ADDITION, IOWA CITY, IOWA, ACCORDING TO THE PLAT RECORDED THEREOF; THENCE S88017'39"W ALONG TEE SOUTHERLY LINE OF SAID LOT 15, ADISTANCE OF 138.80 FEET TO THE SOUTHWEST CORNER OF SAID LOT 15; THENCE 0 N0r41'03"W ALONG THE WESTERLY LINE OF SAID LOT 15, A DISTANCE OF 29.67 FEEL' TO THE SOUTHEAST CORNER OF LOT 12 BLOCK 1 TOWNCREST ADDITION, IOWA CITY, IOWA, ACCORDING TO THE PLAT RECORDED THEREOF; THENCE S8704223"W ALONG THE SOUTHERLY LINE OF SAID LOT 12, A DISTANCE OF 125.67 FEET TO THE SOUTHWEST CORNER OF SAID LOT 12 AND THE POINT OF BEGINNING. SAID PARCEL CONTAINS 1.59 ACRES, AND IS SUBJECT TO EASEMEtdI°S AND RESTRICTIONS OF RECORD. Said property to be replatted and to be ]mown in the future as "FINAL PLAT TOWNCREST PART 1, an Official Plat, City of Iowa City, Johnson County, State of Iowa." I do hereby certify that the land described in the above is free from certified taxes and certified special assessments as shown by the records in my office. Dated this � day of �18. Tom Kriz, County Thfikrer of Johnson Co , wa STATE OF IOWA, COUNTY OF JOHNSON This instrument was acknowledged before me on the V4 day o&ltptil, 2018, by Tom Itriz, as Treasurer of Johnson County, Iowa. o�'k ROBERT SCOTT FINLAYSON Notary Public in and for the State of Iowa Commission Number 778931 My6Code n Expires ot;r 5, -2- ILI Prepared by and when recorded, return to: Joel Huston, 6400 Westown Parkway, West Des Moines, IA 50266, (515) 457-6222 MORTGAGEE/LIEN HOLDER'S CONSENT TO PLAT The undersigned, Hills Bank and Trust Company, as the lender and mortgagee of the real estate described below and on the Plat attached hereto pursuant to that certain Mortgage dated July 1, 2016, filed July 6, 2016 of the Johnson County, Iowa Records, in Book 5531, Page 415 of the Johnson County, Iowa Records, and does hereby acknowledge that said real estate has been surveyed and platted, and hereby consents to the platting of a subdivision in Johnson County, Iowa, to be known as "Lot 2, FINAL PLAT TOWNCREST PART 1, an Official Plat, City of Iowa City, Johnson County, Iowa." The real estate encumbered by said Mortgage and being platted is legally described as follows: Lot 14, except the North 20 feet thereof, and except the West 17.5 feet thereof, in Block 1 Towncrest Addition to Iowa City, Iowa, according to the recorded plat thereof. And Lot 15 in Block 1 Towncrest Addition, Iowa City, Iowa, according to the recorded plat thereof subject to an easement over the South 9 feet thereof for driveway purposes; and also including an easement over the North 15 feet of Lot 16 in Block 1 in said Towncrest Addition for driveway purposes. EXCEPT: Parcel "A" of Plat of Survey filed March 6, 2018 in Book 61, Page. 391, official records, Johnson County, Iowa. The real estate described on the Plat is located within the corporate limits of Johnson County, Iowa. Dated this 21 "day of August, 2018, HILLS BANK AND TRUST COMPANY By: E. v Name: f a -CF �u l+ Title: .Sen�ot Yto �re5�d 0 STATE OF IOWA ) ) SS. COUNTY OF JOHNSON ) 7 This instrument was acknowledged before me on the ZIS day of August, 2018, by i meLGA5$.4't, , as s(nw� Vdr.. ft 4,J1 of Hills Bank and Trust Company. p -C �- BEN RUSSELL mmy is ion Number X360 ��� Notary Public in and for the State of Iowa YW • •o • r AUDITOR and COMAUSSIONER OF ELECTIONS navis Weipert Auditor CERTIFICATE OF COUNTY AUDITOR TOWNCREST PART I I, Travis Welpert, the Johnson County Auditor, hereby approve of Towncrest Part 1 as a succinct and unique name for the subdivision containing the following described real estate located in City of Iowa City,Johnson County, Iowa: A PART OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 13, TOWNSHIP 79 NORTH, RANGE 6 WEST OF THE FIFTH PRINCIPAL MERIDIAN AND A RESUBDIVISION OF LOTS 12, 13, 14, AND 15 OF TOWNCREST ADDITION TO THE CITY OF IOWA CITY, IOWA, ACCORDING TO THE RECORDED PLAT THEREOF, ALL IN IOWA CITY, JOHNSON COUNT, IOWA, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF LOT 12 IN BLOCK 1, TOWNCREST ADDITION TO IOWA CITY, IOWA, ACCORDING TO THE RECORDED PLAT THEREOF; THENCE N01024'19'W ALONG THE EASTERLY RIGHT-OF-WAY LINE OF FIRST AVENUE, A DISTANCE OF 50.30 FEET; THENCE N8r4l'23'E ALONG SAID EASTERLY RIGHT-OF-WAY, A DISTANCE OF 1.00 FEET; THENCE N01020'01"W ALONG SAID EASTERLY RIGHT -0F -WAY LINE, A DISTANCE OF 80.04 FEET; THENCE N01025'090W ALONG SAID EASTERLY RIGHT-OF-WAY LINE, A DISTANCE OF 104.90 FEET; THENCE N20'16'25'E ALONG SAID EASTERLY RIGHT-OF-WAY LINE, A DISTANCE OF 16.24 FEET TO THE SOUTHERLY RIGHT-OF-WAY LINE OF MUSCATINE AVE; THENCE N88000'34'E ALONG SAID SOUTHELRY RIGHT-OF-WAY LINE,. A DISTANCE OF 255.54 FEET TO THE WESTERLY RIGHT-OF-WAY LINE OF. WADE STREET, THENCE S01612'29'E ALONG SAID WESTERLY RIGHT-OF-WAY LINE, A DISTANCE OF 120.00 FEET; THENCE S0161T52"E ALONG SAID WESTERLY RIGHT OF WAY LINE, A DISTANCE OF 80.00 FEET; THENCE S03°36'56 -E ALONG SAID WESTERLY RIGHT-OF-WAY LINE, A DISTANCE OF 80.00 FEET TO THE SOUTHEAST CORNER OF LOT 15 IN BLOCK 1 TOWNCREST ADDITION, IOWA CITY, IOWA, ACCORDING TO THE PLAT RECORDED THEREOF; THENCE S88'1T39-W ALONG THE SOUTHERLY LINE OF SAID LOT 15, A DISTANCE OF 138.80 FEET TO THE SOUTHWEST CORNER, OF SAID LOT 15; THENCE N02041'03'W ALONG THE WESTERLY LINE OF SAID LOT 15, A DISTANCE OF 29.67 FEET TO THE SOUTHEAST CORNER OF LOT 12' BLOCK 1 TOWNCREST ADDITION, IOWA CITY, IOWA, ACCORDING TO THE PLAT RECORDED THEREOF; THENCE S8704223'W ALONG THE SOUTHERLY LINE OF SAID LOT 12, A DISTANCE OF 125.67 FEET TO THE SOUTHWEST CORNER OF SAID LOT 12 AND THE POINT OF BEGINNING. SAID PARCEL CONTAINS 1.59 ACRES, AND IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. x� 12 ravis Wei art, hnso oun Auditor Date 913 S. Dubuque St, Suite 101 • Iowa City, IA 52240-4291 • Phone (319) 356-6004 Fax (319) 3564086 (seal) Web www.jcaudttorcom•EmaOauditor&ojohnson1com �V LEGAL DEPARTMENT September 7, 2018 ATTORNEY'S TITLE OPINION PURSUANT TO IOWA CODE CHAPTER 354 Re: Final Plat Towncrest Part 1 To Whom It May Concern: The undersigned Attorney -at -Law certifies as follows: 6400 Westown Parkway West Des Moines, IA 50266 Direct Tel: 515.457.6222 Direct Fax: 515.457.0158 E-mail: Joel.Huston@kumandgo.com 1. That the undersigned has examined an abstract of title covering the above-described real property to be platted and included within the "FINAL PLAT TOWNCREST PART 1", last certified by Hawkeye Title Services, L.C., Certificate #176861, on August 6, 2018, at 5:30 p.m., and has also examined documents in the undersigned's actual possession, to be filed of record. The abstract and such other documents show merchantable fee simple title of record to the examined property to be held as follows: Property to be platted as Lot 1: COMMENCING AT THE SOUTHWEST CORNER OF LOT 12 IN BLOCK ONE, TOWNCREST ADDITION TO IOWA CITY, IOWA, ACCORDING TO THE RECORDED PLAT THEREOF; THENCE N01°24'19"W ALONG THE EASTERLY RIGHT-OF-WAY LINE OF FIRST AVENUE, A DISTANCE OF 12.52 FEET; THENCE N13043'15"E ALONG SAID EASTERLY RIGHT-OF-WAY LINE, A DISTANCE OF 28.69 FEET; THENCE NOl°20'01"W ALONG SAID EASTERLY RIGHT-OF-WAY LINE, A DISTANCE OF 16.64 FEET; THENCE N88'34'5 1"E, A DISTANCE OF 141.86 FEET; THENCE NOl°25'09'W, A DISTANCE OF 35.41 FEET TO A POINT OF CURVATURE; THENCE NORTHEASTERLY ALONG A CURVE TO THE RIGHT OF THE LAST DESCRIBED COURSE HAVING A RADIUS OF 15.67 FEET AND A CHORD BEARING OF N43034'51"E, AN ARC DISTANCE OF 24.61 FEET; THENCE N88034'51"E, A DISTANCE OF 103.61 FEET TO THE WESTERLY RIGHT OF WAY OF WADE STREET, THENCE NOl°17'52"W ALONG SAID WESTERLY RIGHT OF WAY LINE, A DISTANCE OF 24.94 FEET; THENCE NOl°12'29"W ALONG SAID WESTERLY RIGHT OF LINE, A DISTANCE OF 120.00 FEET TO THE SOUTHERLY RIGHT OF WAY LINE OF MUSCATINE AVENUE; THENCE S88000'34"W ALONG SAID SOUTHERLY RIGHT OF WAY LINE, A DISTANCE OF 255.54 FEET; THENCE S01025'09"E, A DISTANCE OF 120.00 FEET; THENCE SOI°20'01"E, A DISTANCE OF 73.48 FEET OT THE POINT OF BEGINNING (hereinafter referred to as "Lot 1"); and 3 rage z Property to be platted as Lot B: A PART OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 13, TOWNSHIP 79 NORTH, RANGE 6 WEST OF THE FIFTH PRINCIPAL MERIDIAN, IN IOWA CITY, JOHNSON COUNTY, IOWA, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF LOT 12 IN BLOCK 1, TOWNCREST ADDITION TO IOWA CITY, IOWA, ACCORDING TO THE RECORDED PLAT THEREOF; THENCE NO1°24'19"W ALONG THE EASTERLY RIGHT-OF-WAY LINE OF FIRST AVENUE, A DISTANCE OF 50.30 FEET; THENCE N87041'23"E ALONG SAID EASTERLY RIGHT-OF-WAY, A DISTANCE OF 1.00 FEET; THENCE NOl °20'01 "W ALONG SAID EASTERLY RIGHT-OF-WAY LINE, A DISTANCE OF 6.56 FEET FOR THE POINT OF BEGINNING; THENCE CONTINUING N01020'01"W ALONG SAID EASTERLY RIGHT-OF-WAY LINE, A DISTANCE OF 80.04 FEET; THENCE NOl°25'09"W ALONG SAID EASTERLY RIGHT-OF-WAY LINE, A DISTANCE OF 104.90 FEET; THENCE N20°16'25"E ALONG SAID EASTERLY RIGHT-OF-WAY LINE, A DISTANCE OF 16.24 FEET TO THE SOUTHERLY RIGHT-OF-WAY LINE OF MUSCATINE AVE; THENCE N88000'34"E ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE, A DISTANCE OF 0.50 FEET; THENCE SOI°25'09"E, A DISTANCE OF 120.00 FEET; THENCE SO1020'01"E, A DISTANCE OF 73.48 FEET; THENCE S88°34'51"W, A DISTANCE OF 6.50 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 1212 SQUARE FEET, AND IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD (hereinafter referred to as Lot B). KG Store 502, L.L.C.; And Property to be platted as Lot 2: COMMENCING AT THE SOUTHWEST CORNER OF LOT 12 IN BLOCK ONE, TOWNCREST ADDITION TO IOWA CITY, IOWA, ACCORDING TO THE RECORDED PLAT THEREOF; THENCE NOl°24'19"W ALONG THE EASTERLY RIGHT-OF-WAY LINE OF FIRST AVENUE, A DISTANCE OF 12.52 FEET; THENCE N13043'15"E ALONG SAID EASTERLY RIGHT-OF-WAY LINE, A DISTANCE OF 28.69 FEET; THENCE NOl°20'01"W ALONG SAID EASTERLY RIGHT-OF-WAY LINE, A DISTANCE OF 16.64 FEET; THENCE N88°34'51 "E, A DISTANCE OF 141.86 FEET; THENCE NO1°25'09'W, A DISTANCE OF 35.41 FEET TO A POINT OF CURVATURE; THENCE NORTHEASTERLY ALONG A CURVE TO THE RIGHT OF THE LAST DESCRIBED COURSE HAVING A RADIUS OF 15.67 FEET AND A CHORD BEARING OF N43034'51"E, AN ARC DISTANCE OF 24.61 FEET; THENCE N88°34'51"E, A DISTANCE OF 103.61 FEET TO THE WESTERLY RIGHT OF WAY LINE OF WADE STREET; THENCE SOl ° 17'52"E ALONG SAID WESTERLY RIGHT OF WAY LINE, A DISTANCE OF 55.06 FEET; THENCE S03°36'56"E ALONF SAID WESTERLY RIGHT OF WAY LINE, A DISTANCE OF 80.00 FEET TO THE SOUTHEAST CORNER OF LOT 15 IN SAID BLOCK ONE; THENCE S88°17'39"W ALONG THE SOUTH LINE OF SAID LOT 15, A DISTANCE OF 138.80 FEET TO THE WEST LINE OF SAID LOT 15; THENCE NO2°41'03"W ALONG SAID WEST LINE OF LOT 15, A DISTANCE OF 29.67 FEET TO THE SOUTH LINE OF SAID LOT 12; THENCE S87142'23"W ALONG SAID SOUTH LINE OF LOT 12, A DISTANCE 10 Page 3 OF 125.67 FEET TO THE POINT OF BEGINNING (hereinafter referred to as "Lot 2"); and Property to be platted as Lot A: A PART OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 13, TOWNSHIP 79 NORTH, RANGE 6 WEST OF THE FIFTH PRINCIPAL MERIDIAN AND PART OF LOT 12 BLOCK 1 OF TOWNCREST ADDITION TO THE CITY OF IOWA CITY, IOWA, ACCORDING TO THE RECORDED PLAT THEREOF, ALL IN IOWA CITY, JOHNSON COUNTY, IOWA, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF LOT 12 IN BLOCK 1, TOWNCREST ADDITION TO IOWA CITY, IOWA, ACCORDING TO THE RECORDED PLAT THEREOF; THENCE NOl°24'19"W ALONG THE EASTERLY RIGHT-OF-WAY LINE OF FIRST AVENUE, A DISTANCE OF 12.52 FEET FOR THE POINT OF BEGINNING; THENCE CONTINUING NO1°24'19"W ALONG THE EASTERLY RIGHT-OF-WAY LINE OF FIRST AVENUE, A DISTANCE OF '37.78 FEET; THENCE N87°41'23"E ALONG SAID EASTERLY RIGHT-OF-WAY, A DISTANCE OF 1.00 FEET; THENCE NOl°20'01"W ALONG SAID EASTERLY RIGHT-OF-WAY LINE, A DISTANCE OF 6.56 FEET; THENCE N88°34'51"E, A DISTANCE OF 6.50 FEET; THENCE SO1°20'01"E, A DISTANCE OF 16.64 FEET; THENCE S13043'15"W, A DISTANCE OF 28.69 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 222 SQUARE FEET, AND IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD (hereinafter referred to as "Lot B'). Iowa City Hospice, Inc.; a. The premises are free and clear of all liens and encumbrances, except for the following Lot A. None. Lot B. None. Lot 1. None. Part of Lot 2. Mortgage between Iowa City Hospice, Inc. to Hills Bank and Trust Company, recorded July 6, 2016 in Book 5531, Page 415. 2. Real Estate Taxes. The abstract shows all real estate taxes for tax year 2017 as follows: Tax Parcel No.: 10-13-329-003, in the amount of $2,296.00; first half unpaid; second half unpaid. L rage 4 Tax Parcel No.: 10-13-330-002, in the amount of $4,498.00; first half unpaid; second half unpaid. Tax Parcel No.: 10-13-329-002, are in the amount of $0.00. Tax Parcel No.: 10-13-330-003, in the amount of $19,560.00; first half unpaid; second half unpaid. Tax Parcel No.: 10-13-329-001, in the amount of $22,408.00; fust half unpaid; second half unpaid. 3. Use of Opinion. furnished This opinion of title is pursuant to Iowa Code Section 354.11 (3) and, therefore, utility easements, which are not construed as encumbrances pursuant to said Section 354.11 (3), are not noted herein. Very tmly yours, 4D ree. Doc ID: 027246490009 Type: GEN Kind: SUBDIVISION Recorded: 13/39/2038 at 32:53:35 PM Fee Amt: $47.00 Palle 1 of 9 Johnson County Iowa Kim Painter County Recorder BK5856 PG238-246 STATE OF IOWA JOHNSON COUNTY )SS I r 1 ® ITS b CITY OF IOWA CITY 410 East Washington Street Iowa Cny, Iowa 52240-1826 (3 19) 356-5000 (319) 356-5009 FAX www.lcgov.org 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. 18-294, which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 6th day of November, 2018, all as the same appears of record in my office. Also attached are the final legal documents for Churchill Meadows — Part Five, Iowa City, Iowa. Dated at Iowa City, Iowa, this,6day of do vent[�)� 2018. Kellie K. Fruchling ' `-fir ¢• City Clerk s3 '- r:'• fires subdivision ORATES�AL t4l Prepared by: Anne Russett, Senior Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 3565240 (SUB1600012) Resolution No. 18-294 Resolution Approving Final Plat Of Churchill Meadows Subdivision - Part Five, Iowa City, Iowa. Whereas, the owner, CBD LLC, filed with the City Clerk the final plat of Churchill Meadows Subdivision — Part Five, Iowa City, Iowa, Johnson County, Iowa; and Whereas, said subdivision is located on the following -described real estate in Iowa City, Johnson County, Iowa, to wit: LOT 1 OF CHURCHILL MEADOWS PARTS TWO AND THREE IN THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 7, TOWNSHIP 79 NORTH, RANGE 5 WEST OF THE FIFTH PRINCIPAL MERIDIAN, IOWA CITY, IOWA, IN ACCORDANCE WITH THE PLAT THEREOF RECORDED IN PLAT BOOK 60 AT PAGE 131 OF THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE. SAID CHURCHILL MEADOWS PART FIVE CONTAINS 1.82 ACRES AND IS 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 (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. M t.1 Resolution No 18-294 Page 2 Passed and approved this 6th day of November / , 2018. G Mayor Approved by Attes�� i Clerk City Attorney's Office It was moved by Salih and seconded by Taylor the Resolution be adopted, and upon roll call there were: Ayes: KA PCdAamPlaleSIRW ONdod UreRdoc.doc Nays: Absent: Teague Cole Mims Salih Taylor Thomas Throgmorton SUBDIVIDER'S AGREEMENT CHURCHILL MEADOWS PART FIVE, 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 Five is a resubdivision of Lot 1 in 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 Five. 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 Five, 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 L day of October, 2018. OWNER: CBD LLC ��� b�— by: Jef re�ark, Member and Manager CITY: ATTEST: By: James Throgmorton, Mayor 4Kele Fruehli g, City Cler)! Approved by: f City Attorney 164 1 L. L STATE OF IOWA ) ) ss: JOHNSON COUNTY ) This instrument was acknowledged before me on the day of 2018 by Jeffrey Clark, Member and Manager of CBD LLC. 6ev' �A� Notary PiLVlic in and for said State STATE OF IOWA ) )ss: JOHNSON COUNTY ) SUZANNE E.SHEBEK G'OIIYlliffibn Number 713257 My Commission Expires October 26, 2019 This instrument acknowledged before me this &4), da of ti/off r Y , 2018, by James Throgmorton and Kellie Fruehling, as the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa. r MCHRISTINE OLNEYCommissionNunlper6062N� Y C°'mnf Fxpims G _ —S 2 W1 OWNER'S CERTIFICATE The undersigned, CBD LLC, requests approval of the subdivision known as Churchill Meadows Part Five, said subdivision shown on the final plat thereof, to which this document is attached, and is a subdivision of the following described property: LOT 1 OF CHURCHILL MEADOWS PARTS TWO AND THREE IN THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 7, TOWNSHIP 79 NORTH, RANGE 5 WEST OF THE FIFTH PRINCIPAL MERIDIAN, IOWA CITY, IOWA, IN ACCORDANCE WITH THE PLAT THEREOF RECORDED IN PLAT BOOK 60 AT PAGE 131 OF THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE. SAID CHURCHILL MEADOWS PART FIVE CONTAINS 1.82 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 359.19 of the Code of Iowa (2017). Dated as of this —/,EL day of October, 2018. CBD LLC by: ,Zeffffeey Clark, Member and Manager STATE OF IOWA ) )ss: JOHNSON COUNTY ) This instrument was acknowledged before me on the %Y day of October, 2018, by Jeffrey Clark, Member and Manager of CBD LLC. eA6?1 Notaryn and for the State of Iowa N!W Li'l CERTIFICATE OF COUNTY AUDITOR APPROVAL OF SUBDIVISION NAME I, Travis Weipert, Johnson County Auditor, approve the name Churchill Meadows Part Five with reference to the property described below as of the date of this certificate. LOT 1 OF CHURCHILL MEADOWS PARTS TWO AND THREE IN THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 7, TOWNSHIP 79 NORTH, RANGE 5 WEST OF THE FIFTH PRINCIPAL MERIDIAN, IOWA CITY, IOWA, IN ACCORDANCE WITH THE PLAT THEREOF RECORDED IN PLAT BOOK 60 AT PAGE 131 OF THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE. SAID CHURCHILL MEADOWS PART FIVE CONTAINS 1.82 ACRES AND IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. Dated as of this 5-7-1A day of November, 2018. Travis Weipert County Auditor L�1 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. LOT 1 OF CHURCHILL MEADOWS PARTS TWO AND THREE IN THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 7, TOWNSHIP 79 NORTH, RANGE 5 WEST OF THE FIFTH PRINCIPAL MERIDIAN, IOWA CITY, IOWA, IN ACCORDANCE WITH THE PLAT THEREOF RECORDED IN PLAT BOOK 60 AT PAGE 131 OF THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE. SAID CHURCHILL MEADOWS PART FIVE CONTAINS 1.82 ACRES AND IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. Dated as of this 51 k day of November, 2018. Thomas L. Kriz, County Treasurer Q by: R. Sc�j�� �a� C� Deputy Parcel #: 0907209001 ATTORNEY'S TITLE OPINION Re: Churchill Meadows Part Five located in Iowa City, Johnson County, Iowa, and legally described as follows: LOT 1 OF CHURCHILL MEADOWS PARTS TWO AND THREE IN THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 7, TOWNSHIP 79 NORTH, RANGE 5 WEST OF THE FIFTH PRINCIPAL MERIDIAN, IOWA CITY, IOWA, IN ACCORDANCE WITH THE PLAT THEREOF RECORDED IN PLAT BOOK 60 AT PAGE 131 OF THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE. SAID CHURCHILL MEADOWS PART FIVE CONTAINS 1.82 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 September 19, 2018, and,as of that date the abstract shows that fee title to the above-described property is in CBD LLC, subject to the following: Conditional Zoning Agreement between CBD LLC and the City of Iowa City recorded October 23, 2015, in Book 2937, Page 786; and Subdivider's Agreement for Churchill Meadows Parts Two and Three, released as to the real estate except the obligation to construct sidewalks, dated April 1, 2016, and recorded April 12, 2016, as part of a series of documents in Book 5992, commencing at Page 124. I further certify that, except as may be stated above, the property is free from encumbrance. Dated as of this 3-n day of November, 2018. Erek P. Sittig 41 In " Kind: ORDINANCE PeeoAmta'$92/00/Page I of0Ah 183:51 Johnson COuntVIona Kim Painter County Recorder SK5861 PD620-637 STATE OF IOWA ) ) SS JOHNSON COUNTY ) wwa1��� CRY of 04% d 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.18-4772 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 4th day of December 2018, is a true and correct copy, all as the same appears of record in my office. Dated at Iowa City, Iowa, this (,--�41 day of December 2018. Kellie K. Fruehling ' - City Clerk \ord COPPOM 9[ 410 EAST WASHINGTON STREET • IOWA CITY, IOWA 52240-1826 • (319) 356-5000 • FAX (319) 356-5009 q1 - Prepared by: Anne Russett, Senior Planner. 410 E. Washington Street, Iowa City, IA 52240; 319-356-5251 (REZ18- 00018) Ordinance No. 18-4772 An ordinance conditionally rezoning approximately 5.82 acres of property located at 1914 S. Gilbert Street, 1805 Waterfront Drive, 260, 306, & 346 Southgate Avenue, from Intensive Commercial (CI - 1) to Neighborhood Public (P-1). (REZ18-00018) Whereas, the applicant, Johnson County, Iowa, has requested a rezoning of property located at 1914 S. Gilbert Street, 1805 Waterfront Drive, 260, 306, & 346 Southgate Avenue from Intensive Commercial (CI -1) to Neighborhood Public (P-1); and Whereas, the Future Land Use Map of the Comprehensive Plan identifies this area as commercial; and Whereas, the Comprehensive Plan and South District Plan also include public and semi-public land use designations for existing public uses and facilities; and Whereas public uses are needed throughout the community and are generally considered consistent with all land use designations; 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 compliance with the requirements for Class 1 Critical Facilities per the City's floodplain management standards, and prior to any site disturbance on the property builders receive approval from the State Archeologist; 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 zoned Neighborhood Public (P- 1): Lot 1 and Outlot 1A, Kennedy's Waterfront Addition - Part One, as is recorded in Plat Book 22, Page 56, in the office of the Johnson County, Iowa Recorder, and Lot 2, Lot 3, Lot 4 and Outlot B, Kennedy's Waterfront Addition - Part Four, as is recorded in Plat Book 51, Page 237, in the office of the Johnson County, Iowa Recorder, in all containing 5.821 acres. Ordinance No. 18-4772 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. Section V. Repealer. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Section VI. Severability. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. Section VII. Effective Date. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this 4th day of December •6, M or -- A C!! Attest: City Clerk roved' U ity Attorney's Office 2018. f0R100R47ESEk 0- Ordinance No. 18-4772 Page 3 It was moved by Mims and seconded by Taylor that the Ordinance as read be adopted, and upon roll call there were: AYES: x NAYS: ABSENT: Cole Mims Salih Taylor Teague Thomas Throgmorton First Consideration 11/20/2018 Voteforpassage: AYES: Mims, Salih, Taylor, Teague, Thomas, Throgmorton, Cole. NAYS: None. ABSENT: None. Second Consideration _ Vote for passage: Date published 12/13/2018 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: Mims, Salih, Taylor, Teague, Thomas, Throgmorton, Cole. NAYS: None. ABSENT: None. Prepared by: Anne Russett, Senior Planner, 410 E. Washington, Iowa City, IA 52240 (319) 356-5240 (REZ18-00018) Conditional Zoning Agreement This agreement is made among the City of Iowa City, Iowa, a municipal corporation (hereinafter "City"), Kennedys, LLC, Patrick M. Kennedy, Joseph M. Kennedy, Kitty E. Lake, Mary Kathryn Albaugh, Jane M. Kennedy, Stephanie E. Ramer -Heubner, and Natalie J. Miller (hereinafter collectively referred to as "Owner"), and Johnson County, Iowa (hereinafter "Applicant"). Whereas, Owner is the legal title holder of approximately 5.82 acres of property located at 1914 S Gilbert Street, 1805 Waterfront Drive, 260, 306, & 346 Southgate Avenue; and Whereas, the Applicant has requested the rezoning of said property from Intensive Commercial (CI -1) to Neighborhood Public (P-1); and Whereas, the Applicant desires to construct a Behavioral Health Urgent Care Center or Access Center, or similar public facility, that will treat patients experiencing behavioral health crises and connect them with necessary services; and Whereas, the above described project is considered a Class I Critical Facility, as defined by the Iowa City Zoning Code; and Whereas, the Planning and Zoning Commission has determined that, with appropriate conditions regarding floodplain management standards and State Archeological approval, 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 conditions outlined in this agreement address several public needs, including addressing concerns related to locating in the floodplain and establishing safe, effective, and accessible healthcare and behavioral management facilities for the community; and investigating the possible presence of archeological resources; 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 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. Kennedys, LLC, Patrick M. Kennedy, Joseph M. Kennedy, Kitty E. Lake, Mary Kathryn Albaugh, Jane M. Kennedy, Stephanie E. Ramer -Heubner, and Natalie J. Miller, are the collective legal title holder of the property legally described as: Lot 1 and Outlot 1A, Kennedy's Waterfront Addition - Part One, as is recorded in Plat Book 22, Page 56, in the office of the Johnson County, Iowa Recorder, and Lot 2, Lot 3, Lot 4 ppdadnVagtlaza_rez18-0001&Bn6mv¢ed 10.041018.dwx 1 �� and Outlot B, Kennedy's Waterfront Addition - Part Four, as is recorded in Plat Book 51, Page 237, in the office of the Johnson County, Iowa Recorder, in all containing 5.821 acres 2. The Owner acknowledges that the City wishes to ensure conformance to the principles of the Comprehensive Plan and the South 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, to satisfy public needs caused by the requested change. 3. Inconsideration of the City's rezoning the subject property, Owner and Applicant agree(s) that development of the subject property will conform to all other requirements of the zoning chapter, as well as the following conditions: a. In the event that the property is developed in a manner materially consistent with the above-described project, it shall comply with the City's floodplain management standards for Class 1 Critical Facilities, and b. Prior to issuance of any grading permit, receive approval from the State Archeologist to proceed. 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. 7. The Owner and Applicant acknowledge that nothing in this Conditional Zoning Agreement shall be construed to relieve the Owner or Applicant from complying with all other applicable local, state, and federal regulations. 8. The parties agree that this Conditional Zoning Agreement shall be incorporated by reference into the ordinance rezoning the subject property, and that upon adoption and publication of the ordinance, this agreement shall be recorded in the Johnson County Recorder's Office at the Applicant's expense. Dated this 4th day of December _,2018 r ppdadm/agYc a_rez18-00018-fnakevised 10.042018.docx 2 ` City of Iowa By: � G Jim T ogmorton, Mayor ---- Kellie Fru.dhling, City A, roved by:n i City Attorney's Office Johnson County, Iowa By: Mike Carberry, Chairperson Attest County Auditor or Designee �ennedys, L.L.C. By: (Name, Title) Patrick M. Kennedy Joseph M. Kennedy Kitty E. Lake Mary Kathryn Albaugh Jane M. Kennedy Stephanie E. Ramer -Heubner Natalie J. Miller REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK ppdadm/agVua rezl8-00018-final-revised 10,04.2018.docx 3 1 City of Iowa City 3 Throgmorton, Mayor Attest: Kellie Fruehling, City Clerk Approved by: Attorney's Office Johnson County, Iowa By: . &A� Mike Carberry, C airperson / Attest:Tf,7' hl �/l�Q%�( � 06 yrlpzrw County Auditor or D s�ignee Kennedys, L.L.C. By: 62k — % (Name,Title) "j,"'cj hh u'iYr2r Patrick M. KennedNI J. REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK ppdadmlagUam rezl"00184nal ram redline verl_remsed 10.04.2018 3 ?� 1Y(� City of Iowa City Acknowledgement: State of Iowa ) ) ss: Johnson County ) This instrumentwas acknowledged before me on -.G0, V6i'h , C '7 2018 by Jim Throgmorton and Kellie Fruehling as Mayor and City Clerk, respectively, of the City of Iowa City. Om Johnson County Acknowledgement: State of Iowa ) ) ss: Johnson County ) Notary Public in and for tV State of Iowa (Stamp or Seal) Title (and Rank) This instrument was acknowledged before me on , 20_ by Mike Carberry, Chairperson of the Board of Supervisors of Johnson County, Iowa. Notary Public in and for said County and State (Stamp or Seal) Kennedys, LLC Acknowledgment: State of SvvJca_ County o 7 This record was acknowledged before me on 2018 by I riL-� 44:LLved (Name(s) of individual(s)) as (type of authority) of Kenned , L.L.C. TERESA MORROW Notary Public in and for the State of Iowa C CommissionNumber807849 My Cormnlsslon Bums nn Decembff 7 P020 I (Stamp or Sea]) Title (and Rank) My commission expires: ppdadMagVcr mz18-00018-final ram mdfine vW mfsed 10,42018 4 LP- Patrick M. Kennedy Acknowledgement: State of Iov✓tz— County of This record was acknowledged before me on I IA M. Kennedy. TERE MORROW COmmissbn NWVW 807849 * My CommissIN EOres too December 7r 2020 Joseph M. Kennedy Acknowledgement: State of _ County of 2018 by Patrick Notary Public in and for the State of Iowa (Stamp or Seal) Title (and Rank) My commission expires: 1061- 1 15t 0,-�d This record was acknowledged before me on M. Kennedy. 2018 by Joseph Notary Public in and for the State of Iowa (Stamp or Seal) Title (and Rank) My commission expires: ppdadMagVoza_mzlMM1&finalmmredlineverlrevlsed10.04.2018 b —1 Uy Kitty E. Lake Acknowledgement: State of J-0Wa, County of This record was acknowledged before me on (/ I 2018 by Kitty E. La ke. ComrtSA MORROW Notary Public in and for the State of Iowa �oNmiliher 807649 * * my ewintslon (Stamp or Sea]) nn December 7, 2020 Title (and Rank) My commission expires: Mary Kathryn Albaugh Acknowledgement: State of _ County of This record was acknowledged before me on Kathryn Albaugh. 2018 by Mary Notary Public in and for the State of Iowa (Stamp or Sea]) Title (and Rank) My commission expires: ppdadnVagVum mz18-00018-find ram md1im, vert revised 10042010 b Jane M. Kennedy Acknowledgement: State of -Q (,- County of 'Sp�LKsav�- This record was acknowledged before me on k/6l jeyh L v 5 2018 by lane M. Kennedy. a MILDRED 0 ORAH- ° Conmksbn timber 801242 MY coven s*n E1Wkm 45 T Jenw 18 2020 Notary Public in and for the State of Iowa (Stamp or Sea]) Title (and Rank) My commission expires: / — / !?— .-Oa-b Stephanie E. Ramer -Heubner Acknowledgement: State of County of oy\— This record was acknowledged before me on Stephanie E. Ramer -Heubner. o ary Public in and for the State of Iowa TERESA MORROW • Coinn%slon Number 807849 * * My Commission EVms n�► December 7. 2020 ttI 2 ,2018 by (Stamp or Sea[) Title (and Rank) My commission expires: ! a0 O ppdadMagVrza_rez18-00018-0nal ram redline vert revised 10.042018 / w Natalie J. Miller Acknowledgement: State ofR County of 1 Y � This record was acknowledged before me on IL L Z , 2018 by Natalie J. Miller. os TERESA MORROW ;4'i CommisslonNumher807849 o •••• or I MyCommisslonEvms nea December 7, 2020 Notary Public in and for the State of Iowa (Stamp or Seal) Title (and Rank) My commission expires: % Z19, U ppdadmlagV¢2rez1M0018-fina1 ram redlineverl_re0sed 10.04.2018 8 ItX'� -1 �u `= POWER OFATTORNEY SHOW FORM The undersigned _ fare M. Kennedy of Johnson County, Iowa, does hereby make, constitute and appoint Tamara C. Kennedy_ _ of Johnson County, Iowa, the undersigned's true and lawful Agent, with full right, power and authority to act for the undersigned and in the undersigned's name, place and stead with respect to the following: Tamara C. Kennedy is hereby authorized to sign any and all necessary paperwork to complete and expedite the sale of the property inherited by me from my father's estate, to wit: , Lot 1 and Outlet IA, Kennedy's Waterfront Addition - Part One, as is recorded in Plat Bool, 22, Page 56. in file office of the Johnson County, Iowa Recorder, and Lot 2, Lot 3, Lot 4 and Outlet 3, Kennedy's Waterfront .Addition - Part Four, as is recorded in Plal Book 51, ,Page 237, in the office of the Johnson County, Iowa Recorder, in all containing 5.82lacres. Giving and Granting unto said Agent the full powand aut ority to do and perform each and every act, deed, mtt atter and thing whatsoever required and necessary to be done in and about the foregoing, as fitly as the undersigned might or could do if personally present and acting. In the event my Agent is unable to serve for any reason or if my Agent is currently my .spouse and we become legally separated or our marriage is dissolved. 1 name Of County, as successor to my Agent. The undersigned farther directs that this Power of Attorney shall take of ect immediately and shall he irrevocable unless and until such time as there is tiled of record a duly acknowledged revocation of this instrument in the sante office in which the instrument containing this power is recorded. This Power of Attorney shall not be affected by my disability. The undersigned does hereby authorize said Agent to relinquish all rights of dower, hoviestead and distributive share in and to any real estate described herein in which the undersigned has an interest. Wards and phrases herein, including aclolowledgment hereof, shall be construed as in the singular or plural number, and as masculine or feminine gender, according to the context. Dated on September 10, 2018 - A STATE OF IOWA, COUNTY Of' JOHNSON This record was acknowledged bclbre me on Liu by Jane M. Kennedy _ of Notary Public Caution: Use only for limited po%vem For Comprehcasice Powers, use r$nA Forma 12n - lusts ShutuWry Fusser of Atarrncy €7Th. lonaamt. gar'U"cierinn 2019 IoxeDo b Form No. I19, Fou rr ofAtlnrney -SW n 11" sd ]nm 14(�- a Jim Throgmorton, Mayor Attest: Kellie Fruehling, City Clerk Approved by: City Attorney's Office Johnson By: Mike Carberry, Chairperson Attest: County Auditor or Designee Kennedys, L.L.C. By: (Name, Title) Kennedy Kitty E. Lake Mary Kathryn Albaugh Jane M. Kennedy Stephanie E. Ramer -Heubner Natalie J. Miller REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK ppdadrrdag9aa mz18-00018-final ram redline verl mviSed 10, 04.2018 V `� Patrick M. Kennedy Acknowledgement: State of _ County of This record was acknowledged before me on M. Kennedy. Notary Public (Stamp or Seal) Title (and Rank) 2018 by Patrick and for the State of Iowa My commission expires: Joseph M. Kennedy Acknowledgement: State of Nt �,M w County of M4 r7Zupc.. This record was acknowledged before me on AVe r" b4r'6- . 2018 by Joseph M. Kennedy. 41-ft�5ndS Notary Public in and r tl ,jat?_te of Iowa (Stamp or Seal) LAURA L LANosrROM Notary Pubic -Amon Mamnoa county Title (and Rank) MY comm Gpfes Mar 3.2071 My commission expires: Mk a-1` 3 ZP1, ppdadMagVaa_mz78-00078-finalramredlinever7 mvsed10.04.2018 b L�1— By: Jim Throgmorton, Mayor Attest: Kellie Fruehling, City Clerk Approved by: City Attorney's Office Johnson By: Mike Carberry, Chairperson Attest: County Auditor or Designee Kennedys, L.L.C. By: (Name, Title) Patrick M. Kennedy Joseph M. Kennedy Kitty tE.�Lake c / ' tea" e�z Mary KathrydAlbaugh Jane M. Kennedy Stephanie E. Ramer -Heubner Natalie J. Miller REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK PPB ff 9pVa41¢18=1&fnW remt�6evu1_mA�a'1 MDUDIS Kitty E Lake Acknowledgement: State of County of This record was acknowledged before me on Lake. 2018 by Kitty E. Notary Public in and for the State of Iowa (Stamp or Seal) Title (and Rank) My commission expires: Mary Kathryn Albauugvh�A�c►knowledgement: State of County of This record was acknowledged before me on !tia 2018 by Mary Kathryn Albaugh. KAREN MAYES Notary public,State of Arizona Maricopa County My commission Expires @ January 15, 2019 pnamm�au� reztaomtaareirem reaureeenn�ea®a tooa.mta Notary Public in and for the State of� (Stamp or Seal) Title (and Rank) My commission expires:Dl I I� 0- rUL II III I I IIIII II IIII IIII III I I I III I IIII IIS IIIII IIIII II III I IIII IIIII III IIII Doc ID: 027259080011 Type: GEN Kind: ORDINANCE Recorded: 12/07/2018 at 10:45:33 AN Fee Amt: $57.00 Page 1 of 11 Johnson County Iowa Kim Painter County Recorder BK5861 PG638-648 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.18-4773 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 4th day of December 2018, is a true and correct copy, all as the same appears of record in my office. Dated at Iowa City, Iowa, this 44 day of December 2018. s , Kellie K. Fruehling h - City Clerk \ord CO POM71 [A[ 410 EAST WASHINGTON STREET • IOWA CITY, IOWA 52240-1826 • (319) 356-5000 • FAX (319) 356-5009 0 Prepared by: Anne Russett, Senior Planner, 410 E. Washington Street, Iowa City, IA 52240; 31&356-5240 (REZ18- 00020) Ordinance No. 18-4773 An ordinance conditionally rezoning approximately 5.49 acres of property located at 4643 Herbert Hoover Highway, from Interim Development Multi -Family Residential (ID -RM) to Medium Density Multi -Family Residential (RM -20) and Low Density Multi -Family Residential (RM -12). (REZ18-00020) Whereas, the applicant, IC Housing Group, LLC, has requested a rezoning of property located at 4643 Herbert Hoover Highway from Interim Development Multi -Family Residential (ID -RM) to Medium Density Multi -Family Residential (RM -20) and Low Density Multi -Family Residential (RM -12); and Whereas, the Comprehensive Plan indicates that this area is designated for residential development and calls for smaller lots to encourage land conservation and affordable housing units; 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 a north/south public street, additional landscaping along Herbert Hoover Highway, and replatting that follows the zoning boundaries; 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, properties described below are hereby classified: Low Density Multi -Family Residential (RM -12): BEGINNING AT THE NORTHWEST CORNER OF LOT 1 OF TEGLER SUBDIVISION TO JOHNSON COUNTY IN IOWA CITY, IOWA, IN ACCORDANCE WITH THE PLAT THEREOF RECORDED IN PLAT BOOK 25 AT PAGE 42 OF THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE; THENCE N74050'34"E, ALONG THE NORTH LINE OF SAID LOT 1, A DISTANCE OF 331.02 FEET; THENCE S15°38'54"E, 376.37 FEET; THENCE S74°21'06"W, 30.00 FEET; THENCE S58°56'58"W, 75.31 FEET, TO A POINT ON THE WEST LINE OF SAID LOT 1; THENCE S89°39'37"W, ALONG SAID WEST LINE, 325.76 FEET; THENCE N00°19'42"W, ALONG SAID WEST LINE, 324.74 FEET, TO THE POINT OF BEGINNING. SAID ZONING PARCEL CONTAINS 3.16 ACRES, AND IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. And Medium Density Multi -Family Residential (RM -20): BEGINNING AT THE NORTHEAST CORNER OF LOT 1 OF TEGLER SUBDIVISION TO JOHNSON COUNTY IN IOWA CITY, IOWA, IN ACCORDANCE WITH THE PLAT THEREOF RECORDED IN PLAT BOOK 25 AT PAGE 42 OF THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE; THENCE S0004021"E, ALONG THE EAST LINE OF SAID LOT 1, A DISTANCE OF 435.31 FEET; THENCE N90000'00"W, 173.54 FEET; THENCE S74021'06"W, 30.00 FEET; THENCE N15°38'54"W, 376.37 FEET, TO A POINT ON THE NORTH LINE OF SAID LOT 1, THENCE N74°50'34"E, ALONG SAID NORTH LINE, 309.61 FEET, TO THE POINT OF BEGINNING. SAID ZONING PARCEL CONTAINS 2.33 ACRES, AND IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. M EO Ordinance No. to -4773 Page 2 Section H. 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, 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 4th day of December MayW' Atted City Clerk Approved by Cify Attorney's Office 1111 t8 2018 (OPPO E SEA t Lid Ordinance No. 18-4773 Page 3 It was moved by Mims and seconded by Cole Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Cole x Mims x Salih x _ Taylor % Teague x Thomas % Throgmorton First Consideration 11/20/2018 Voteforpassage: AYES: Salih, Taylor, Teague, Throgmorton, Cole, Mims. NAYS: Thomas. ABSENT: None. Second Consideration _ Vote for passage: Date published_ 12/13/2018 that the 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: Taylor, Teague, Throgmorton, Cole, Mims, Salih. NAYS: Thomas. ABSENT: None Prepared by: Anne Russett, Senior Planner, 410 E. Washington, Iowa City, IA 52240 (319) 356-5240 (REZ18-00020) Conditional Zoning Agreement This agreement is made among the City of Iowa City, Iowa, a municipal corporation (hereinafter "City"), Lyle Mark and Betsy Larson (hereinafter collectively referred to as "Owner"), and IC Housing Group, LLC (hereinafter "Applicant"). Whereas, Owner is the legal title holder of approximately 5.49 acres of property located at 4643 Herbert Hoover Highway; and Whereas, Applicant has requested the rezoning of said property from Interim Development Multi -Family Residential (ID -RM) to Medium Density Multi -Family Residential (RM - 20) and Low Density Multi -Family Residential (RM -12); and Whereas, the Planning and Zoning Commission has determined that, with appropriate conditions regarding the provision of a north/south public street, additional landscaping along Herbert Hoover Highway, and replatting that follows the zoning boundaries, the rezoning 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 conditions outlined in this agreement address several public needs, including ensuring transportation connectivity throughout the neighborhood, providing adequate landscaping to buffer residents from traffic along Herbert Hoover Highway, and ensuring the lot lines following zoning boundaries; 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 an interconnected transportation network; 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. Lyle Mark and Betsy Larson are the legal title holders of the property legally described as BEGINNING AT THE NORTHWEST CORNER OF LOT 1 OF TEGLER SUBDIVISION TO JOHNSON COUNTY IN IOWA CITY, IOWA, IN ACCORDANCE WITH THE PLAT THEREOF RECORDED IN PLAT BOOK 25 AT PAGE 42 OF THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE; THENCE N74°50'34"E, ALONG THE NORTH LINE OF SAID LOT 1, A DISTANCE OF 331.02 FEET; THENCE S15°38'54"E, 376.37 FEET; THENCE S74°21'06"W, 30.00 FEET; THENCE S58°56'58"W, 75.31 FEET, TO A POINT ON THE WEST LINE OF SAID LOT 1; THENCE S89°39'37"W, ALONG SAID WEST LINE, 325.76 FEET; THENCE N00°19'42"W, ALONG SAID WEST �3 LINE, 324.74 FEET, TO THE POINT OF BEGINNING. SAID ZONING PARCEL CONTAINS 3.16 ACRES, AND IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. AND BEGINNING AT THE NORTHEAST CORNER OF LOT 1 OF TEGLER SUBDIVISION TO JOHNSON COUNTY IN IOWA CITY, IOWA, IN ACCORDANCE WITH THE PLAT THEREOF RECORDED IN PLAT BOOK 25 AT PAGE 42 OF THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE; THENCE S00°40'21"E, ALONG THE EAST LINE OF SAID LOT 1, A DISTANCE OF 435.31 FEET; THENCE N90000'00"W, 173.54 FEET; THENCE S74021'06"W, 30.00 FEET; THENCE N15038'54"W, 376.37 FEET, TO A POINT ON THE NORTH LINE OF SAID LOT 1, THENCE N74°50'34"E, ALONG SAID NORTH LINE, 309.61 FEET, TO THE POINT OF BEGINNING. SAID ZONING PARCEL CONTAINS 2.33 ACRES, AND IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. 2. The Owner acknowledges that the City wishes to ensure conformance to the principles of the Comprehensive Plan and the Northeast 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, Owner and Applicant agree(s) that development of the subject property will conform to all other requirements of the zoning chapter, as well as the following conditions: a. No building permit shall be issued for the subject property until the City Council approves a final plat thereof that conforms to the zoning boundaries and generally conforms with the street layout on the concept plan. b. Owner acknowledges that, upon final platting the subject property, it will be obligated to install certain improvements prior to issuance of a building permit, including the construction of a north/south street from Herbert Hoover Highway to the southern property line. Such improvements shall be constructed to City standards and dedicated to the City as a public improvement in accordance with a subdivider's agreement, in a form acceptable to the City Attorney, executed at the time the property or any portion thereof is subdivided. If the Owner should desire a building permit on any lot in said subdivision before the public improvements have been installed, the Owner shall deposit with the Department of Housing and Inspection Services, in escrow or provide a letter of credit an amount equal to the estimated cost of constructing said roadway and other public improvements shown on the final plat, plus ten percent (10%) thereof. The City Engineer shall determine the amount of the escrow or letter of credit which shall be collected for each building permit issued prior to the installation of the public improvements. c. Any development of the subject property shall be done in accordance with a detailed landscaping plan to be approved by the City Forester to ensure a landscaped area that buffers noise and wind from Herbert Hoover Highway. 4 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. 7. The Owner and Applicant acknowledge that nothing in this Conditional Zoning Agreement shall be construed to relieve the Owner or Applicant from complying with all other applicable local, state, and federal regulations. 8. The parties agree that this Conditional Zoning Agreement shall be incorporated by reference into the ordinance rezoning the subject property, and that upon adoption and publication of the ordinance, this agreement shall be recorded in the Johnson County Recorder's Office at the Applicant's expense. Dated this 4 th day of December City of Iowa City By: tm Throgmortod Mayor Attest:,, , Kellie Fruehling, ity Clerk Approved by: w%w City Attorney's Office City Of Iowa City Acknowledgement: State of Iowa ) ) ss: Johnson County ) 2018. Betsy Larson Lyle Mark Larson IC Housing Group, LLC in (ORPOESER� �� 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. 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 q day of /UCJ ✓ , 2013' City of Iowa City By: Jim Throgmorton, Mayor Attest: Kellie Fruehling, City Clerk Approved by: City Attorney's Office City Of Iowa City Acknowledgement: State of Iowa ) ss: Johnson County ) etsy Larson Lyle Mark Larson IC Housing Gro C 1 4MrG � Al� This instrument was acknowledged before me on _ �C� er `1 201T by Jim Throgmorton and Kellie Fruehling as Mayor and City Clerk, respectively, of the City of Iowa City. D � iCHR15HWOLNEy Notary Public in and fcj(tlhe State of Iowa COMMISSIon Nor Q06232 . o� (Stamp or Seal) v IC Housing Group, LLC Acknowledgement: State of Mla o1� ) ss: '5tDYI'K County ) This instrument was acknowledged '%01'L- -i 1-t k i a LLC . EN ""'+� JNIFER R. RICE J° NOTARY PUBLIC -MINNESOTA My Comm. Ezp. Jan. 31, 2021 Betsy Larson Acknowledgement: State of County of _�1hs before me on WYWm I � , 20_18 by s SecG,(,-Fo,q I TV surer of IC Housing Group, // 1 )Z'04& / AiiZ� Wary Publikin and for said County and State (Stamp or Seal) jj This record was acknowledged before me on 2018 by Betsy Larson. EVA PAGE NOTARY PUBLIC Notary Public in and fo the State of STATE OF COLORADO NOTARY ID 20054029852 (Stamp or Seal) MY COMMISSION EXPIRES 0712912021 My commission expires: d 2a Lyle Mark Larson Acknowledgment: State of W County of G eAc" This record was acknowledged before me on 2018 by Lyle Mark Larson. EVA PAGE NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20054029852 MY COMMISSION EXPIRES 0712912021 �I �y Notary ubl c in and for the tate of (Stamp or Seal) My commission expires: to iis �y.P}tP� / I � vw•w �r \ I F� CHAS w AC PHASE C TBD 1.46 ACRES 10.11-2018 I I I I IArddfecftuc � ^BOE PLW OMON 8O xucr•v. Iowa City, u iis Fee. II�IIIII�IIIIII�IIIIIIINII�I��III�II�III�n1011111�!IIVIIII� Doc ID: 027228180002 Type: GEN Kind: RESOLUTION Fee Amta $12/ 0/Pape I of0254:48 Ah Johnson County Iowa Kim Painter County Recorder STATE OF IOWA ) ) SS JOHNSON COUNTY ) a r =� +yyrpa� ; f City of I, Kellie K. Fruchling, City Clerk of Iowa City, Iowa, do hereby certify that the Resolution attached hereto is a true and correct copy of Resolution No.18-285 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 16th day of October 2018, all as the same appears of record in my office. Dated at Iowa City, Iowa, this 22161 -day of October 2018. Kellie K. Fruehling City Clerk Ves 410 EAST WASHINGTON STREET • IOWA CITY, IOWA 52240-1826 • (319) 356-5000 • FAX (319) 356-5009 M Prepared by. Josh Slattery, Senior Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5419 Resolution No. 18-285 Resolution changing the name of Barber's Place, located in The Peninsula Neighborhood Phase 2A, to Barber Place. Whereas, on May 13, 2008, the City Council approved the final plat of The Peninsula Neighborhood Phase 2A (Resolution No. 08-134); and Whereas, one of the streets included on the final plat of The Peninsula Neighborhood Phase 2A is Barber's Place; and Whereas, said street has been identified as Barber's Place on city maps, the Iowa City Assessor's records, and Johnson County's mapping and records; and Whereas, on the contrary, said street has been identified as Barber Place on the city street sign, telephone books, and by the Post Office; and Whereas, the residents have been using Barber Place in their mailing addresses to match the street sign; and Whereas, the residents have requested to change the name of Barber's Place located in the above-mentioned subdivisions to Barber Place, and staff has no objections to this request. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa that: 1. The name of Barber's Place, located in The Peninsula Neighborhood Phase 2A, is hereby changed to Barber Place. 2. As required by Iowa Code §354.26 (2016), the City Clerk is directed to certify a copy of this Resolution and file this Resolution with the Johnson County Recorder, the Johnson County Auditor, and the City Assessor. Passed and approved this 16th day of October 2018. CO r I roved by Ity CIerK City Attorney's Office It was moved by trims and seconded by Salih the Resolution be adopted, and upon roll call there were: Ayes: Nays: Absent: Cole Mims Salih Taylor Teague Thomas Throgmorton T6' A% -X