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HomeMy WebLinkAboutJohnson County Recorder 2019Page I Page # Date I Ord 194775, rezoning property located at 416 Reno Street from Medium Density Single- 02/11/19 Family Residential (RS -8) to RS -8 with a Historic District Overlay (RS-8/OHD). 2 Ord 194776, rezoning property located at 1818 N Dubuque Street from Low Density 02/11/19 Single -Family Residential (RS -5) to RS -5 with a Historic District Overlay (RS-5/OHD). 3 Res 19-27, accepting the dedication of Sanitary Sewer Easement over and across portions of 02/12/19 Auditor's Parcels 2011054 and 2011055 Iowa City, Iowa. 4 Res 1944, attesting an agreement between the City of Iowa City and Wisconsin Independent 02/22/19 Network, LLC to use a portion of public right -0f --way for the installation, operation and maintenance of a fiber optic communications system. 5 Res 19-65, accepting the dedication of Outlot K, Lindemann Subdivision, Part Three, 03/27/19 Iowa City, Iowa as public open space. Res 18-336, approving final plat of Stone Bridge Estates Subdivision — Part Ten, Iowa City 03/27/19 Ord 19-4781, conditionally rezoning approximately 18.03 acres of property located east of 04/02/19 South Gilbert Street and west of Sandusky Drive, from Interim Development Multifamily Residential (ID-Rm) zone to Planned Development Overlay/Low Density Single Family Residential (OPD/RS-5) zone, Planned Development Overlay/Low Density Multifamily Residential (OPD/RM-12) zone, and Planned Development Overlay/Neighborhood Public (OPD/P-1) zone. Ord 194785, conditionally rezoning approximately 0. 155 acres of property located at 2130 04/08/19 Muscatine Avenue, from Community Commercial (CC -2) to High Density Single -Family Residential (RS -12) Iowa City Board of Adjustment Decision of April 10, 2019 (1) EXC19-01, approval of a 05/10/19 Special exception allowing the expansion of a General Education Facility for approximately 1,300 square feet in the Community Commercial (CC -2) zone, subject to conditions. 10 Iowa City Board of Adjustment Decision of May 8, 2019 (1) EXC19-04, approval of a 05/28/19 Allowing the expansion of a Religious Assembly Use in the Medium Density Single Family Residential (RS -8) zone with a Planned Development Overlay (OPD) to build an approximately 2,600 square foot addition on the existing building in order to add additional classrooms, Restrooms, and an elevator with conditions. 11 Res 19-84, approving final plat of Tegler Second Subdivision, Iowa City, Iowa. 06/05/19 12 Ord 194796, conditionally rezoning approximately 0.20 acres of land located at the 07/08/19 Southwest comer of East 1I Street and South Gilbert Street, from Intensive Commercial (CI -1) to Riverfront Crossings -South Gilbert (RFC -SG). 13 Iowa City Board of Adjustment Decision of July 10, 2019 (1) EXC19-05, approval of a 07/29/19 Special Exception allowing a basic utility in a Commercial Office (CO -1) zone to build an Electric substation with conditions. (2) EXC19-06, approval of a Special Exception allowing A basic utility in a Community Commercial (CC -2) zone to build a telecommunications hub. Page 2 14 Ord 19-4797, conditionally rezoning approximately 1.75 acres of land located at the northwest 07/25/19 Comer of Benton St and Orchard St from Medium Density Single -Family Residential (RS -8) To Riverfront Crossings -Orchard (RFC -O). 15 Res 19-202, agreement between the City of Iowa City and Southwestco Wireless, Inc., d/b/a 08/12/19 Verizon Wireless, for use of pubic right-of-way for the installation, operation and maintenance of electrical transmission lines to facilitate operation of small wireless facilities. 16 Res 19-174, approving the preliminary and final plats of Capital Subdivision, Iowa City, Iowa. 09/09/19 17 Res 19-229, authorizing the Mayor to sign and the City Clerk to attest a sidewalk easement 09/09/19 Agreement and accepting the dedication thereof from ACT, Inc. 18 Ord 19-4805, conditionally rezoning approximately 36.81 acres of land located south of 09/20/19 Scott Blvd and north of Tamarack Trail, from Interim Development — Single -Family Residential (ID -RS) to Low Density Single -Family Residential (RS -5). 19 Res 19-214, approving the preliminary and final plat of the Crossings Phase Three Subdivision, 09/25/19 Iowa City, Iowa. 20 Res 19-173, resolution of intent to consider the proposed conveyance of a utility easement to 10/07/19 Central Iowa Power Cooperative (CIPCO) and setting a public hearing thereon for July 16, 2019. 21 Ord 1911794, ordinance conditionally rezoning approximately 73.15 acres of property located 06/10/19 south of Interstate -80, west of N. Dubuque Street, and north of Foster Road, from Interim Development Single -Family Residential (ID -RS), Low Density Single -Family Residential (RS -5), Low Density Multi -Family Residential (RM -12), and High Density Single -Family Residential With a Planned Development Overlay (OPD/RS-12) to OPD/RS-12 for 50.82 acres, Highway Commercial with a Planned Development Overlay (OPD/CH-1) for 20.45 acres, and Neighborhood Public with a Planned Development Overlay (OPD/P-1) for 1.88 acres. 22 Res 19-253, approving final plat of Kimball Corner Addition Subdivision, Iowa City, IA. 10/24/19 23 Res 19-222, approving final plat of Cherry Creek Subdivision, Iowa City, IA. 10/28/19 24 Iowa City Board of Adjustment Decision of October 9, 2019 (1) EXC19-08, approving 11/08/19 A special exception allowing an 86% reduction in parking spaces with conditions. (2) EXC 19-09, approving a special exception for a drive-through facility with conditions. 25 Ord 194809, conditionally rezoning approximately 1.6 acres of land located at 305 and 315 11/08/19 East Prentiss Street and 625 South Gilbert Street, from Intensive Commercial (CI -1) and Community Commercial (CC -2) to Riverfront Crossings — Central Crossings (RFC -CX). 26 Res 19-266, approving final plat of Manville Seven Addition, Iowa City, Iowa. 11/18/19 27 Iowa City Board of Adjustment Decision of November 13, 2019 (1) EXC19-11, approving 12/09/19 Approving a special exception allowing a specialized education facility in a CI -1 zone to Allow for classmom/workshop teaching spaces for a community arts center. (2) EXC19-10, Approval to allow for a before and after school daycare in the Low -Density Single Family Residential (RS -5) zone located at 3001 Muscatine Avenue with conditions. Page 3 Page # _Date 28 Res 17-224, Private Water Service Line Easement Agreement for The Crossings, Phase One 12/09/19 and Two. 29 Res 19-274, approving final plat of Tamarack Ridge Subdivision, Iowa City, Iowa. 12/20/19 30 Ord 19-4814, conditionally rezoning approximately 1. 15 acres of land located at the northeast 12/20/19 Comer of S. Gilbert Street and Highland Avenue, from Intensive Commercial (CI -1) to Riverfront Crossings — South Gilbert (RFC -SG). 31 Res 19-279, accepting the dedication of sanitary and storm sewer easements from the Iowa City 12/23/19 Community School District over and across portions of Chautauqua Heights, Block 6, Iowa City, Iowa. f w IIIIIIIIIIIIIIII�IIIIII�IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Doc ID: 027296660004 Type: GEN Kind: ORDINANCE Recorded: 02/11/2019 at 04: Fee Amt: $22.00 Page 1 00 434:67 PM Johnson County Iowa Kim Painter County Recorder EK5877 PG538-541 STATE OF IOWA ) ) SS JOHNSON COUNTY ) J! 1 ..® ::m K4 a 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.19-4775 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 5th day of February 2019, is a true and correct copy, all as the same appears of record in my office. Dated at Iowa City, Iowa, this 7A day of February 2019. Kellie le. Fruchling 1�"`-'�, ' City Clerk y •per ry CnY: CROM11 SERI. 410 EAST WASHINGTON STREET • IOWA CITY, IOWA 52240-1826 • (319) 356-5000 • FAX (319) 356-5009 1p G Prepared by: Anne Russett, Senior Planner, 410 E. Washington Street, Iowa City, IA 52240; 319-3565240 (REZ1"0021) Ordinance No. 19-4775 Ordinance rezoning property located at 416 Reno Street from Medium Density Single -Family Residential (RS -8) to RS -8 with a Historic District Overlay (RS -8 / OHD). (REZ18-00021) Whereas, the applicant, the National Trust for Historic Preservation, has requested a rezoning of property located at 416 Reno Street from Medium Density Single -Family Residential (RS -8) to Medium Density Single -Family Residential with a Historic District Overlay (RS -8 / OHD); and Whereas, this structure was originally constructed in 1898 in the Queen Anne style; and Whereas, the Comprehensive Plan and the Central District Plan encourage the preservation of historic buildings; and Whereas, Goal 1 of the Historic Preservation component of the Comprehensive Plan calls for identification of resources significant to Iowa City's past with the objective of designating individual buildings as landmarks; and Whereas, the Historic Preservation Commission has reviewed the proposed Historic Landmark designation, has found that it meets the criteria for landmark designation in its significance to Iowa City history, integrity of location and design, association with significant persons, and embodies distinctive characteristics and has recommended approval; and Whereas, the Planning and Zoning Commission has reviewed the proposed Historic Landmark designation rezoning and has found that it is consistent with the Comprehensive Plan goals of preserving historic resources; Now, therefore, be it ordained by the City Council of the City of Iowa City, Iowa: Section I. Historic Landmark Approval. Property described below is hereby reclassified from its current zoning designation of Medium Density Single -Family Residential (RS -8) zone to Medium Density Single -Family Residential with a Historic District Overlay (RS -8 / OHD) zone: The north thirty feet of lot seven, and the south sixty feet of lot eight in Irish's Extension to Wood's Addition to Iowa City, Iowa, according to the recorded plat thereof. 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. Ordinance No. 19-4775 Page 2 Section IV. Repealer. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Section V. Severabilitv. 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 5th day of� February —,20 19 G, MaVor or r Approved by: p „ity Meek City Attorney's Office i Ordinance No. 19-4775 Page 3 It was moved by Thomas and seconded by Cole Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Cole % Mims x Salih % Taylor x Teague x Thomas x Throgmorton First Consideration 01/22/2019 Voteforpassage: AYES: Mims, Salih, Taylor, Teague, Thomas, Throgmorton, Cole. NAYS: None. ABSENT: None. Second Consideration _ Vote for passage: Date published 02/14/2019 that the Moved by Thomas, 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: Thomas, Thrpgmorton, Cole, Salih, Taylor, Teague. NAYS: None. ABSENT: Mims. Fe, Doc ID: 027296870005 Type: GEN Kind: ORDINANCE RecFeeoAmt: $27.00/2019 Pape it of4532.56 PM Johnson County Iowa Kim Painter County Recorder BK5877 PG533-537 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.19-4776 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 5th day of February 2019, is a true and correct copy, all as the same appears of record in my office. Dated at Iowa City, Iowa, this 74-'� day of February 2019. p9Y6u a f_' 'J V tl. a.aava • �°Oi aoeou' 4 J'• .rf �� .� CORPORATESEAL Kellie K. Fruehling City Clerk \ord 410 EAST WASHINGTON STREET • IOWA CITY, IOWA 52240-1826 • (319) 356-5000 • FAX (319) 356-5009 q/ Prepared by: Anne Russett, Senior Planner, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5240 (REZ18-00023) Ordinance No. 19-4776 Ordinance rezoning property located at 1818 N. Dubuque Street from Low Density Single -Family Residential (RS -5) to RS -5 with a Historic District Overlay (RS -5 / OHD). (RF -.Z18-00023) Whereas, the applicant, Joe Dan Coulter, has requested a rezoning of property located at 1818 N. Dubuque Street from Low Density Single -Family Residential (RS -5) to Low Density Single -Family Residential with a Historic District Overlay (RS -5 / OHD); and Whereas, this structure was originally constructed in 1929 in the Craftsman style of the Arts and Crafts movement; and Whereas, the Comprehensive Plan and the North District Plan encourage the preservation of historic buildings; and Whereas, Goal 1 of the Historic Preservation component of the Comprehensive Plan calls for identification of resources significant to Iowa City's past with the objective of designating individual buildings as landmarks; and Whereas, the Historic Preservation Commission has reviewed the proposed Historic Landmark designation, has found that it meets the criteria for landmark designation in its significance to Iowa City history and embodies distinctive characteristics and has recommended approval; and Whereas, the Planning and Zoning Commission has reviewed the proposed Historic Landmark designation rezoning and has found that it is consistent with the Comprehensive Plan goals of preserving historic resources; Now, therefore, be it ordained by the City Council of the City of Iowa City, Iowa: Section I. Historic Landmark Approval. Property described below is hereby reclassified from its current zoning designation of Low Density Single -Family Residential (RS -5) zone to Low Density Single -Family Residential with a Historic District Overlay (RS -5 / OHD) zone: LOTS 16, 17, 18, 19, 20, 21 AND 22 OF THE SUBDIVISION OF PART OF GOVERNMENT LOT 2, IN SECTION 3, TOWNSHIP 79 NORTH, RANGE 6 WEST OF THE 5TH P.M., ACCORDING TO THE PLAT THEREOF RECORDED IN BOOK 3, PAGE 100, PLAT RECORDS OF JOHNSON COUNTY, IOWA. ALSO, BEGINNING AT AN IRON PIPE WHICH MARKS THE EAST CORNER OF LOT 16, OF SAID ABOVE MENTIONED SUBDIVISION; RUNNING THENCE NORTH 44°55' WEST 120.9 FEET ALONG THE NORTH LINE OF SAID LOT 16, THENCE ALONG THE CONTINUATION OF THE WEST LINE OF LOT 16, WHICH BEARS NORTH 13°11' EAST 120.4 FEET TO AN IRON PIN; THENCE NORTH 75°30' EAST 88.2 FEET TO AN IRON PIN; THENCE SOUTH 25030' EAST 92.7 FEET TO AN IRON PIN; THENCE IN A SOUTHERLY DIRECTION ALONG THE WEST SIDE OF RIDGE ROAD TO THE POINT OF BEGINNING. ALL BEARINGS ARE FROM THE MAGNETIC MERIDIAN. 10,d 2 Ordinance No. 19-4776 Page 2 ALSO BEGINNING AT THE NORTHEASTERLY CORNER OF LOT 22 OF SAID ABOVE MENTIONED SUBDIVISION; RUNNING THENCE IN A SOUTHEASTERLY DIRECTION ALONG THE SOUTHERLY LINE OF RIDGE ROAD TO ITS INTERSECTION WITH THE SOUTHEASTERLY LINE OF LOT 11 OF SAID SUBDIVISION, PRODUCED; RUNNING THENCE IN A SOUTHWESTERLY DIRECTION FOLLOWING THE SOUTHEASTERLY LINE OF SAID LOT 11 PRODUCED, TO THE INTERSECTION OF THE NORTH LINE OF THE RED BALL ROAD (NOW KNOWN AS FEDERAL HIGHWAY #161); RUNNING THENCE IN A NORTHWESTERLY DIRECTION ALONG THE NORTH LINE OF SAID RED BALL ROAD (NOW KNOWN AS FEDERAL HIGHWAY #161) TO THE SOUTHEASTERLY CORNER OF SAID LOT 22; THENCE RUNNING IN A NORTHEASTERLY DIRECTION TO THE PLACE OF BEGINNING. ALSO, ALL THAT PROPERTY TO THE EAST OF THE EASTERLY LINE OF LOT 11 OF SAID SUBDIVISION, PRODUCED SOUTH OF THE SOUTHERLY LINE OF RIDGE ROAD AND NORTH OF THE NORTH LINE OF DUBUQUE STREET (FORMERLY RED BALL ROAD, FEDERAL HIGHWAY #161 AND FOSTER ROAD). ALL AS SHOWN BY SAID ABOVE MENTIONED PLAT. EXCEPTING THE FOLLOWING TWO PARCELS: 1. THE PROPERTY DEPICTED AND DESCRIBED ON THE RIGHT-OF-WAY ACQUISITION PLAT MARKED EXHIBIT "A" ATTACHED TO THE WARRANTY DEED IN BOOK 5473, PAGES 132-133 IN THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE. 2. A PARCEL OF LAND LOCATED IN A PORTION OF A SUBDIVISION OF PART OF GOVERNMENT LOT 2, SECTION 3, TOWNSHIP 79 NORTH, RANGE 6 WEST OF THE 5T" PRINCIPAL MERIDIAN, IOWA CITY, IOWA, CONSISTING OF .09 ACRE (3839 SQUARE FEET), DEPICTED AND DESCRIBED ON THE ACQUISITION PLAT RECORDED AT PLAT BOOK 48, PAGE 315 WITH THE JOHNSON COUNTY RECORDER. Section II. Zoning Map. The Building Inspector is hereby authorized and directed to change the zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval and publication of this ordinance by law. Section III. Certification And Recording. Upon passage and approval of the Ordinance, the City Clerk is hereby authorized and directed to certify a copy of this ordinance and to record the same, at the office of the County Recorder of Johnson County, Iowa, at the owner's expense, all as provided by law. Section IV. Repealer. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Section V. Severability. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. Section VI. Effective Date. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this 5th day of February 20 19 2 ti aoUjo S.Aeuwouy/A!o \ :Aq panaddy IV] 11 oflo) '4 dsppe` P a6ed 9 [[T --6T- -ON aoueut O Ordinance No. 19-4776 Page _ It was moved by Thomas and seconded by Salih Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: % Cole X Mims x Salih % Taylor % Teague % Thomas % Throgmorton that the First Consideration 01/22/2019 Vote for passage: AYES: Salih, Taylor, Teague, Thomas, Throgmorton, Cole, Mims. NAYS: None. ABSENT: None. Second Consideration _ Vote for passage: Date published 02/14/2019 Move by Thomas, 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: Cole, Salih, Taylor, Teague, Thomas, Throgmorton. NAYS: None. ABSENT: Mims. =1 Doc ID: 027297260007 Type: GEN Kind: RESOLUTION Recorded: 02/12/2019 at 09:58:27 AM Fee Amt: $37.00 Pape 1 of 7 Johnson County Iowa Kim Painter County Recorder BK5877 PG727-733 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.19-27 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 5th day of February 2019, all as the same appears of record in my office. Dated at Iowa City, Iowa, this 7+�' day of February 2019. jM► Kellie k. Fruehling City Clerk fires 410 EAST WASHINGTON STREET • IOWA CITY, IOWA 52240-1826 • (319) 356-5000 • FAX (319) 356-5009 (.e,C Prepared by: Sara Greenwood Hektoen, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240, 356-5030 Resolution No. 19-27 Resolution accepting the dedication of Sanitary Sewer Easement over and across portions of Auditor's Parcels 2011054 and 2011055 Iowa City, Iowa. Whereas, to facilitate construction of The Grove Development on Auditor's Parcel 2011055, as shown on the plat thereof recorded in Book 56, Page 40, in the records of the Johnson County, Iowa Recorder, a sanitary sewer easement across private property is necessary; and Whereas, said development must comply with the planned development plan and conditional zoning agreement approved by City Council on June 6, 2018, and recorded in Book 5795, Page 494-512, in the records of the Johnson County, Iowa Recorder; and Whereas, Iowa City Grove, L.L.C. and The Cardinal Pointe West, LLC, collectively the owners of Auditor's Parcel 2011055 and adjacent property, have agreed to dedicate a sanitary sewer easement to the City and enter into an easement agreement for the same; and Whereas, it is in the public interest to accept the dedication of said easement. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that: 1. Acceptance of the above -referenced easement, in a form of approved by the City Attorney's Office, is hereby approved and authorized. 2. Upon direction of the City Attorney, the Mayor is authorized to sign and the City Clerk to attest any and all documentation necessary to effectuate the acceptance of said easement and to record the same at owners' expense. Passed and approved this 5th day of F bruar 2019. N M or LD ' �F Approved by A City "CI6rk- .' City Attorney's Office Resolution No. Page 2 19-27 It was moved by Salih and seconded by Cole Resolution be adopted, and upon roll call there were: AYES: NAYS x x x x X x ABSENT: Cole Mims Salih Taylor Teague Thomas Throgmorton the 3 Prepared by and Retum to: C. Joseph Holland, 123 N. Linn St., Suite 300, Iowa City, IA 52245 (3 19) 354-0331 SANITARY SEWER AGREEMENT THIS AGREEMENT, made and entered into by and between The Cardinal Pointe West LLC and Iowa City Grove LLC (Owners), 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, 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 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 depicted and described in the attached Exhibit titled Sanitary Sewer Easement, hereafter described as "Easement Area" Owners further 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 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 Areas and also to trim, cut down and clear away any trees on either side of said Easement Area which now or hereafter in the opinion of the City may be a hazard to said Easement Area, or which may interfere with the exercise of the City's rights hereunder in any manner. The City shall promptly backfill any trench made by it, and repair any Pagel of 3 3 damages caused by the City within the Easement Area. 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 Area. Owners reserve 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 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 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. Owners 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 Owners be deemed acting as the City's agent during the original construction and installation of said improvement. Parties agree that the obligation to install the public improvement(s) herein shall be in accordance with City specifications, and the obligation shall remain on Owners until completion and until acceptance by the City, as by law provided. The provisions hereof shall inure to the benefit of successors and assigns of the respective Parties hereto, and shall apply to and run with the land and with the title to the Dated as of this 10th day of January, 2019. Owner: Cardina Pointe West LLC By: Jerry ilove, Manager Owner: IowaC' Grove LLC 0 J✓ — By: erry a d' ov , Manager Page 2 of 3 and bind the all covenants land. 3 CITY:�• ATTEST: by:, ,7imhsogm6rton, Mayor Ke lie Fruehli g, City Cleric v c U F .l i0 VO Appro ed'byj tf> City Attorney �� /�� COOK s[A[ STATE OF IOWA ) )ss: JOHNSON COUNTY ) This instrument acknowledged before me this day of January, 2019 by Jerry Waddilove, Manager of Cardinal Pointe tLLC. It "P C. JOSEPH HOLLAND L MP NWWMrt4�t7 Notary Public in and for said State AAarM 21, 202tl STATE OF IOWA ) )ss: JOHNSON COUNTY ) This instrument acknowledged before me thisy y of January, 2019 by Jerry Waddilove, Manager of Iowa City Grove C. JOSEPH HOLLAND CCmetlf1" N0160141011 Notary Public in and for said State 12� 2027 STATE OF IOWA ) )ss: JOHNSON COUNTY ) This instrument acknowledged before me this 5th day day of February , 2019 by Jim Throgmorton and Kellie Fruehling, as the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa. e~ CHRISTINE OLNEY ^ = k" Commission Number 806:32 c o . Awn— Y Comm�ion Expires Notary Public in a for said State Page 3 of 3 VA v0 �O \ 1 1 �Q°nv Tc$l 119 QP�G-V I I GP�p,� 9V QPG " Oo JQSSGZ�,i I I Bp0 PJp 2p11 QP I 6 1 ap0",r - o I N89°06'55°E 569°0]'. - �_,!///C/ !/ 1624 05' p5• 589°07'39'W I 1 M C2� n I I�S89-06-55-W CENTER .�. SEC. 12, T79N, R7W FND 3/8' REaAR ! PLASTIC m CAP NO. 12 CAP N0. 12802 'to o of _ QQ� ¢V f oIs I AGES u Is OQ' p5 E AO I 2 PJp`��'0561QPG j�'//1J 000 V w I POINT OF 91 - BEGINNING wBEGINNING 7 a PARCEL 2 v v S87°38'40°E e I 30.26' 7 f 1 S3°49'42°W 1 I ry N2°21'20'E X0.47' 40.00' I CI N87°38'40"W 30.26' 1487°38140-W II 3.56' LEGAL DESCRIPTION - PARCEL 1: / O ,rY� �yPrS G 50v `� E \ Vol � \ Vol 16/ 9 / St 1e I �DttiT N10°43'50'W / / O� p3 �S v 0. /T7J -300055444'-' lla �� 11A,5• N �14% 9 5�G• SSoya SQP�G PG�g'I PJQ��o �y6lQ POINT OF 6 :' BEGINNING yy0be PARCEL 1 apo 59 mm ¢t40' S10°43'50°E 1/ 54.63' I I -y I I ti1N 'SIA N� 3w 00 �m S �z 2611.89' 1 - - - 987.84'- r EAST 1/4 CORNER) II SEC. 12, T79N, R7W FND S.C.M. PART OF AUDITOR'S PARCEL 2011054 AS RECORDED IN BOOK 56, PAGE 37 IN THE OFFICE OF THE JOHNSON COUNTY, IOWA RECORDER, PART OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER AND PART OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 12, TOWNSHIP 79 NORTH, RANGE 7 WEST OF THE 5TH PRINCIPAL MERIDIAN, IOWA CITY, JOHNSON COUNTY, IOWA DESCRIBED AS FOLLOWS: COMMENCING AT THE EAST QUARTER CORNER OF SAID SECTION 12; THENCE NO18'40"E 371.67 FEET ALONG THE EAST LINE OF THE SOUTHEAST QUARTER OF SAID NORTHEAST QUARTER TO THE SOUTH LINE OF CARDINAL POINTE SOUTH PART TWO AS RECORDED IN BOOK 52, PAGE 279 IN THE OFFICE OF THE JOHNSON COUNTY, IOWA RECORDER; THENCE 559'40'02"W 250.68 FEET ALONG SAID SOUTH LINE TO THE POINT OF BEGINNING; THENCE S10'43'50"E 54.63 FEET; THENCE 555'48'05"W 411.20 FEET; THENCE S89'06'55"W 278.11 FEET; THENCE S10'11'25 -W 332.10 FEET; THENCE N87'38'40"W 3.56 FEET TO THE EASTERLY RIGHT OF WAY OF CAMP CARDINAL BOULEVARD; THENCE NORTHERLY 36.97 FEET ALONG SAID EASTERLY RIGHT OF WAY AND THE ARC OF A 660.00 FOOT RADIUS CURVE, CONCAVE EASTERLY (CHORD BEARS N2'13'25"E 36.97 FEET); THENCE N3'49'42"E 289.91 FEET ALONG SAID EASTERLY RIGHT OF WAY; THENCE NORTHERLY 39.94 FEET ALONG SAID EASTERLY RIGHT OF WAY AND THE ARC OF A 760.00 FOOT RADIUS CURVE, CONCAVE WESTERLY (CHORD BEARS N2'19'21"E 39.94 FEET); THENCE N89'06'55"E 305.44 FEET; THENCE N55 -48-06"E 372.99 FEET; THENCE N10'43'50"W 14.14 FEET TO THE SOUTH LINE OF SAID CARDINAL POINTE SOUTH PART TWO; THENCE N59'40'02"E 42.46 FEET ALONG SAID SOUTH LINE TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 0.85 ACRES, SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. LEGAL DESCRIPTION - PARCEL 2: PART OF AUDITOR'S PARCEL 2011055 AS RECORDED IN BOOK 56, PAGE 40 IN THE OFFICE OF THE JOHNSON COUNTY, IOWA RECORDER, AND PART OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 12, TOWNSHIP 79 NORTH, RANGE 7 WEST OF THE 5TH PRINCIPAL MERIDIAN, IOWA CITY, JOHNSON COUNTY, IOWA DESCRIBED AS FOLLOWS: COMMENCING AT THE EAST QUARTER CORNER OF SAID SECTION 12; THENCE S89'07'39"W 987.84 FEET ALONG THE NORTH LINE OF THE NORTHEAST QUARTER OF SAID SOUTHEAST QUARTER; THENCE SO'52'21"E 311.66 FEET TO THE WESTERLY RIGHT OF WAY OF CAMP CARDINAL BOULEVARD; THENCE S3'49'42"W 0.47 FEET ALONG SAID WESTERLY RIGHT OF WAY; THENCE SOUTHERLY 39.54 FEET ALONG SAID WESTERLY RIGHT OF WAY AND THE ARC OF A 760.00 FOOT RADIUS CURVE, CONCAVE EASTERLY (CHORD BEARS S2'20'17"W 39.53 FEET); THENCE N87'38'40"W 30.26 FEET; THENCE N2'21'20"E 40.00 FEET; THENCE S8738'40"E 30.26 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 0.03 ACRES, SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. SURVEY PRFPARFD FOR: IOWA CITY GROVE LLC OMNER: IOWA CITY GROVE LLC _ SURVEY WORK SURVEYOR PERFORMED: 1/20/11 RYAN R. ALL NG NE 0 50 100 150 200 HALL B HALL ENGINEERS INC. 1860 HIAWATHA. IO ROAD GRAPHIC SCALE IN FEET 319-3 2- IOWA 52233 SCALE: 1s=100' 319-362-9548 SURVEY LEGEND 41111. • ----------------- FOUND SURVEY MONUMENT SECTION CORNER FOUND AS NOTED RECORDED AS EASEMENT ONE SECTION LINE 1/4 SECTION LINE 1/4-1/4 SECTION LINE EXISTING LOT UNE T Record Curve Table Measured Curve Table Tangent Length Radius Chord Chord Erg C1 Curve Delta Tangent Length Radius I Chord Chortl Erg C1 3. 12' 35' 18.49' 36.97' 1 660.00' 36.97' N2' 13' 25"E C2 3. 00' 41' 19.98' 39.94' 760.00' 39.94' N2' 19' 21-E C3 2. 58' 51' 19.77' 39.54' 760.00' 39.53' S2' 20' 17-W POINT OF 6 :' BEGINNING yy0be PARCEL 1 apo 59 mm ¢t40' S10°43'50°E 1/ 54.63' I I -y I I ti1N 'SIA N� 3w 00 �m S �z 2611.89' 1 - - - 987.84'- r EAST 1/4 CORNER) II SEC. 12, T79N, R7W FND S.C.M. PART OF AUDITOR'S PARCEL 2011054 AS RECORDED IN BOOK 56, PAGE 37 IN THE OFFICE OF THE JOHNSON COUNTY, IOWA RECORDER, PART OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER AND PART OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 12, TOWNSHIP 79 NORTH, RANGE 7 WEST OF THE 5TH PRINCIPAL MERIDIAN, IOWA CITY, JOHNSON COUNTY, IOWA DESCRIBED AS FOLLOWS: COMMENCING AT THE EAST QUARTER CORNER OF SAID SECTION 12; THENCE NO18'40"E 371.67 FEET ALONG THE EAST LINE OF THE SOUTHEAST QUARTER OF SAID NORTHEAST QUARTER TO THE SOUTH LINE OF CARDINAL POINTE SOUTH PART TWO AS RECORDED IN BOOK 52, PAGE 279 IN THE OFFICE OF THE JOHNSON COUNTY, IOWA RECORDER; THENCE 559'40'02"W 250.68 FEET ALONG SAID SOUTH LINE TO THE POINT OF BEGINNING; THENCE S10'43'50"E 54.63 FEET; THENCE 555'48'05"W 411.20 FEET; THENCE S89'06'55"W 278.11 FEET; THENCE S10'11'25 -W 332.10 FEET; THENCE N87'38'40"W 3.56 FEET TO THE EASTERLY RIGHT OF WAY OF CAMP CARDINAL BOULEVARD; THENCE NORTHERLY 36.97 FEET ALONG SAID EASTERLY RIGHT OF WAY AND THE ARC OF A 660.00 FOOT RADIUS CURVE, CONCAVE EASTERLY (CHORD BEARS N2'13'25"E 36.97 FEET); THENCE N3'49'42"E 289.91 FEET ALONG SAID EASTERLY RIGHT OF WAY; THENCE NORTHERLY 39.94 FEET ALONG SAID EASTERLY RIGHT OF WAY AND THE ARC OF A 760.00 FOOT RADIUS CURVE, CONCAVE WESTERLY (CHORD BEARS N2'19'21"E 39.94 FEET); THENCE N89'06'55"E 305.44 FEET; THENCE N55 -48-06"E 372.99 FEET; THENCE N10'43'50"W 14.14 FEET TO THE SOUTH LINE OF SAID CARDINAL POINTE SOUTH PART TWO; THENCE N59'40'02"E 42.46 FEET ALONG SAID SOUTH LINE TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 0.85 ACRES, SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. LEGAL DESCRIPTION - PARCEL 2: PART OF AUDITOR'S PARCEL 2011055 AS RECORDED IN BOOK 56, PAGE 40 IN THE OFFICE OF THE JOHNSON COUNTY, IOWA RECORDER, AND PART OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 12, TOWNSHIP 79 NORTH, RANGE 7 WEST OF THE 5TH PRINCIPAL MERIDIAN, IOWA CITY, JOHNSON COUNTY, IOWA DESCRIBED AS FOLLOWS: COMMENCING AT THE EAST QUARTER CORNER OF SAID SECTION 12; THENCE S89'07'39"W 987.84 FEET ALONG THE NORTH LINE OF THE NORTHEAST QUARTER OF SAID SOUTHEAST QUARTER; THENCE SO'52'21"E 311.66 FEET TO THE WESTERLY RIGHT OF WAY OF CAMP CARDINAL BOULEVARD; THENCE S3'49'42"W 0.47 FEET ALONG SAID WESTERLY RIGHT OF WAY; THENCE SOUTHERLY 39.54 FEET ALONG SAID WESTERLY RIGHT OF WAY AND THE ARC OF A 760.00 FOOT RADIUS CURVE, CONCAVE EASTERLY (CHORD BEARS S2'20'17"W 39.53 FEET); THENCE N87'38'40"W 30.26 FEET; THENCE N2'21'20"E 40.00 FEET; THENCE S8738'40"E 30.26 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 0.03 ACRES, SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. SURVEY PRFPARFD FOR: IOWA CITY GROVE LLC OMNER: IOWA CITY GROVE LLC _ SURVEY WORK SURVEYOR PERFORMED: 1/20/11 RYAN R. ALL NG NE 0 50 100 150 200 HALL B HALL ENGINEERS INC. 1860 HIAWATHA. IO ROAD GRAPHIC SCALE IN FEET 319-3 2- IOWA 52233 SCALE: 1s=100' 319-362-9548 SURVEY LEGEND 41111. • ----------------- FOUND SURVEY MONUMENT SECTION CORNER FOUND AS NOTED RECORDED AS EASEMENT ONE SECTION LINE 1/4 SECTION LINE 1/4-1/4 SECTION LINE EXISTING LOT UNE T Record Curve Table Curve Delta Tangent Length Radius Chord Chord Erg C1 660.00' C2 760.00' C3 760.00' POINT OF 6 :' BEGINNING yy0be PARCEL 1 apo 59 mm ¢t40' S10°43'50°E 1/ 54.63' I I -y I I ti1N 'SIA N� 3w 00 �m S �z 2611.89' 1 - - - 987.84'- r EAST 1/4 CORNER) II SEC. 12, T79N, R7W FND S.C.M. PART OF AUDITOR'S PARCEL 2011054 AS RECORDED IN BOOK 56, PAGE 37 IN THE OFFICE OF THE JOHNSON COUNTY, IOWA RECORDER, PART OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER AND PART OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 12, TOWNSHIP 79 NORTH, RANGE 7 WEST OF THE 5TH PRINCIPAL MERIDIAN, IOWA CITY, JOHNSON COUNTY, IOWA DESCRIBED AS FOLLOWS: COMMENCING AT THE EAST QUARTER CORNER OF SAID SECTION 12; THENCE NO18'40"E 371.67 FEET ALONG THE EAST LINE OF THE SOUTHEAST QUARTER OF SAID NORTHEAST QUARTER TO THE SOUTH LINE OF CARDINAL POINTE SOUTH PART TWO AS RECORDED IN BOOK 52, PAGE 279 IN THE OFFICE OF THE JOHNSON COUNTY, IOWA RECORDER; THENCE 559'40'02"W 250.68 FEET ALONG SAID SOUTH LINE TO THE POINT OF BEGINNING; THENCE S10'43'50"E 54.63 FEET; THENCE 555'48'05"W 411.20 FEET; THENCE S89'06'55"W 278.11 FEET; THENCE S10'11'25 -W 332.10 FEET; THENCE N87'38'40"W 3.56 FEET TO THE EASTERLY RIGHT OF WAY OF CAMP CARDINAL BOULEVARD; THENCE NORTHERLY 36.97 FEET ALONG SAID EASTERLY RIGHT OF WAY AND THE ARC OF A 660.00 FOOT RADIUS CURVE, CONCAVE EASTERLY (CHORD BEARS N2'13'25"E 36.97 FEET); THENCE N3'49'42"E 289.91 FEET ALONG SAID EASTERLY RIGHT OF WAY; THENCE NORTHERLY 39.94 FEET ALONG SAID EASTERLY RIGHT OF WAY AND THE ARC OF A 760.00 FOOT RADIUS CURVE, CONCAVE WESTERLY (CHORD BEARS N2'19'21"E 39.94 FEET); THENCE N89'06'55"E 305.44 FEET; THENCE N55 -48-06"E 372.99 FEET; THENCE N10'43'50"W 14.14 FEET TO THE SOUTH LINE OF SAID CARDINAL POINTE SOUTH PART TWO; THENCE N59'40'02"E 42.46 FEET ALONG SAID SOUTH LINE TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 0.85 ACRES, SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. LEGAL DESCRIPTION - PARCEL 2: PART OF AUDITOR'S PARCEL 2011055 AS RECORDED IN BOOK 56, PAGE 40 IN THE OFFICE OF THE JOHNSON COUNTY, IOWA RECORDER, AND PART OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 12, TOWNSHIP 79 NORTH, RANGE 7 WEST OF THE 5TH PRINCIPAL MERIDIAN, IOWA CITY, JOHNSON COUNTY, IOWA DESCRIBED AS FOLLOWS: COMMENCING AT THE EAST QUARTER CORNER OF SAID SECTION 12; THENCE S89'07'39"W 987.84 FEET ALONG THE NORTH LINE OF THE NORTHEAST QUARTER OF SAID SOUTHEAST QUARTER; THENCE SO'52'21"E 311.66 FEET TO THE WESTERLY RIGHT OF WAY OF CAMP CARDINAL BOULEVARD; THENCE S3'49'42"W 0.47 FEET ALONG SAID WESTERLY RIGHT OF WAY; THENCE SOUTHERLY 39.54 FEET ALONG SAID WESTERLY RIGHT OF WAY AND THE ARC OF A 760.00 FOOT RADIUS CURVE, CONCAVE EASTERLY (CHORD BEARS S2'20'17"W 39.53 FEET); THENCE N87'38'40"W 30.26 FEET; THENCE N2'21'20"E 40.00 FEET; THENCE S8738'40"E 30.26 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 0.03 ACRES, SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. SURVEY PRFPARFD FOR: IOWA CITY GROVE LLC OMNER: IOWA CITY GROVE LLC _ SURVEY WORK SURVEYOR PERFORMED: 1/20/11 RYAN R. ALL NG NE 0 50 100 150 200 HALL B HALL ENGINEERS INC. 1860 HIAWATHA. IO ROAD GRAPHIC SCALE IN FEET 319-3 2- IOWA 52233 SCALE: 1s=100' 319-362-9548 SURVEY LEGEND 41111. • ----------------- FOUND SURVEY MONUMENT SECTION CORNER FOUND AS NOTED RECORDED AS EASEMENT ONE SECTION LINE 1/4 SECTION LINE 1/4-1/4 SECTION LINE EXISTING LOT UNE T c o m ^ m n° SHEET TITLE: EXHIBIT HALL 8 HALL ENGINEERS, INC. Leaders in Land Developmen! Sirtce 1953 SANITARY SEWER EASEMENT 16"NZ(3"19') SO)'WM HAWATHAIOce7'M53 nn>c 'V O PHONE (SONR M.H WATH ,IOWA!M PART OF THE N.E.1/4S.E.1/4 AND PART OF THE S.E.1/4-N.E.1/4 :Vn LANDNO�.nm9amm Z LANDSCAPE ARCHITECTURE A I'sO SEC. 12, T79N, R7W, IOWA CITY, JOHNSON COUNTY, IOWA DESIGNED BY: BLV II DRAWN BY: RRR CHECKED BY: BLV CAO File: I:\projects\20000\20034\20034-16-7 7 ac parcel -The Grove\dwg\plats\20034-16-7 SAN EASE C3D2019.dwg Date Plotted: Monday, January 07. 2019 1:12:18 PM PInHM Rv Rvaa 0-11- I hereby cerdfv that This land surveying document was prepared and the related survey work was performed by me or under my direct pparson upervlsio d that I am a duly licensed Professional 14 rye Lund Sury under a sof Stale of Iowa. �'` quo,•••••..,.+se. Signed: Date:RYAN �( RYAN R. '*� Q I �/ o; REMUNG ;i �;. 18769 p° L.S. 18769 My lie enewsl date is December 31, �� lowA* Pages or sheets covered by this seek SHfL( p7/I/ c o m ^ m n° SHEET TITLE: EXHIBIT HALL 8 HALL ENGINEERS, INC. Leaders in Land Developmen! Sirtce 1953 SANITARY SEWER EASEMENT 16"NZ(3"19') SO)'WM HAWATHAIOce7'M53 nn>c 'V O PHONE (SONR M.H WATH ,IOWA!M PART OF THE N.E.1/4S.E.1/4 AND PART OF THE S.E.1/4-N.E.1/4 :Vn LANDNO�.nm9amm Z LANDSCAPE ARCHITECTURE A I'sO SEC. 12, T79N, R7W, IOWA CITY, JOHNSON COUNTY, IOWA DESIGNED BY: BLV II DRAWN BY: RRR CHECKED BY: BLV CAO File: I:\projects\20000\20034\20034-16-7 7 ac parcel -The Grove\dwg\plats\20034-16-7 SAN EASE C3D2019.dwg Date Plotted: Monday, January 07. 2019 1:12:18 PM PInHM Rv Rvaa 0-11- Doc ID: 027303060014 Type: GEN Kind: RIGHT OF NAY Recorded: 02/22/2019 at 11:10:19 AM Fee Amt: $72.00 Page 1 of 14 Johnson County Iowa Kim Painter County Recorder BK5879 PG810-823 FEE STATE OF IOWA ) ) SS JOHNSON COUNTY ) a r 1 Afar®i�l� raft III �i' A ID City of �/,4 CIL 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.19-44 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 19th day of February 2019, all as the same appears of record in my office. Dated at Iowa City, Iowa, this �+'� day of February 2019. i Kellie K. Fruehling City Clerk (� fires 410 EAST WASHINGTON STREET • IOWA CITY, IOWA 52240-1826 • (319) 356-5000 • FAX (319) 356-5009 L' Prepared by: Kimberly Sandberg, 410 E. Washington St., Iowa City, IA 52240 (319) 3565139 Resolution No. 19-44 Resolution authorizing the Mayor to sign and the City Clerk to attest an agreement between the City of Iowa City and Wisconsin Independent Network, LLC to use a portion of public right-of-way for the installation, operation and maintenance of a fiber optic communications system. Whereas, Wisconsin Independent Network, LLC ("Network") desires to install a fiber optic communication system within Public Right -of -Way; and Whereas, the City of Iowa City desires to enter into an agreement with Network providing for the use of the Public Right -of -Way for such purposes; and Whereas, it is in the public interest to enter into an agreement with Network establishing the terms and conditions for the operation of this fiber optic communications system. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that The attached agreement between the City of Iowa City and Wisconsin Independent Network, LLC to use certain Public Right -of -Way set out in said agreement for the placement of fiber optic communication system is in the public interest, and is hereby approved as to form and substance. 2. The Mayor is authorized to execute and the City Clerk to attest the attached agreement, on behalf of the City of Iowa City, Iowa, and the City Clerk is hereby directed to record the resolution and agreement in the Johnson County Recorder's Office, at Network's expense. Passed and approved this 19th day of February/ _,2019 G. CORPUS JMayor Attest4ciCle'Lrk�� It was moved by Mims and seconded by adopted, and upon roll call there were: Ayes: Nays: X _ X _ X _ X _ X _ X _ X Salih the Resolution be Absent: Cole Mims Salih Teague Taylor Thomas Throgmorton L' AN AGREEMENT BETWEEN THE CITY OF IOWA CITY, IOWA AND WISCONSIN INDEPENDENT NETWORK, LLC, FOR USE OF PUBLIC RIGHT-OF-WAY FOR THE INSTALLATION, OPERATION AND MAINTENANCE OF A FIBER OPTIC COMMUNICATION SYSTEM. SECTION I. DEFINITIONS a. "City" shall mean the City of Iowa City, Iowa and, where appropriate, shall include its officers, employees and agents. b. "Public Improvements" shall mean any publicly -owned improvements on Public Right -of - Way, including but not limited to paving, sidewalks, grass, vegetation, trees, street lights, traffic signals, water mains, sewers, electrical transmission lines and equipment related thereto, communication lines and equipment related thereto. c. "Public Right -of -Way" shall mean the area on, below, or above a public roadway, highway, street, bridge, cartway, bicycle lane, or public sidewalk in which the City has an interest, including other dedicated rights-of-way for travel purposes and utility easements. d. "Network' shall mean Wisconsin Independent Network, LLC a limited liability company registered to do business in the State'of Iowa, that operates a Fiber Optic Communication System. e. "Fiber Optic Communication System" shall mean a system for the transmission of information through fiber optic cables. f. "Fiber Assets" shall mean the equipment owned, operated, leased, or subleased for the operation of a Fiber Optic Communication System by Network, and shall include the equipment minimally necessary to transmit signals in the form of light from one point to the other, including the transmitting and receiving circuitry, light source and detector devices necessary for the operation of a Fiber Optic Communication System, not including cable television systems to the public for compensation. SECTION 2. BASIC GRANT Network is hereby granted a license to install, maintain, inspect, protect, repair, and replace its Fiber Assets in, under, upon, along and across the Public Right -of -Way shown and Identified in Exhibits 1-5 hereto, subject to the regulatory powers of the City, including the permitting process, and subject to the conditions hereinafter set forth. SECTION 3. PLAN APPROVAL Before commencing any work authorized in Section 2 above, Network shall seek approval of detailed engineering plans from the Public Works Director by filing a written statement identifying the Public Right -of -Way upon, under or over which Network proposes to perform such work. Such statement shall be accompanied by a map, plan and/or specifications showing all components to be installed, existing site conditions, including all existing public utility 0 facilities and streetscape features above ground, and any underground utilities where new foundations for ground -mounted equipment or underground components are proposed. The size and dimensions of all Fiber Assets required for the work must be included in the detailed plans, as well as the underground depth(s) impacted by the proposed work. No Fiber Asset may be located in a manner that interferes with the reasonable and proper use, construction, reconstruction and maintenance of any public improvement or other structure upon, over or under the Public Right -of -Way. If the proposed plans show such an interference, as determined by the Public Works Director, the Public Works Director shall, within reasonable time after the filing of such written statement and supporting documentation, note the changes necessary to eliminate interference and refer the same back to Network for modification of the plans and resubmittal to the City. If Network cannot make the requested modifications for whatever reason, the City is under no obligation to approve the plans or issue an excavation permit for any work shown on such plans. Upon approval of the plans in writing by the Public Works Director, Network may apply for an excavation permit subject to the limitations set forth in Section 5 below. SECTION 4. PROTECTION AND RESTORATION OF PROPERTY To protect the public and assure the safe and efficient movement of traffic, Network shall provide traffic control and properly barricade any work site to comply, at a minimum, with requirements set forth in the Manual on Uniform Traffic Control Devices. All pavement removed or damaged shall be properly and speedily replaced in accordance with the City's regulations, City's Municipal Design Standards and Standard Construction Specifications, and warranted for a period of five (5) years. As a condition to the use of Public Right -of -Way, Network shall, at its own expense, repair or cause repair to any public or private property damaged by Network. If Network fails to do so, the City may make such restoration at the expense of Network after providing Network with a written notice to its designated representative 30 days prior to the City's commencement of such restoration. Network shall pay such restoration costs within 60 days of receipt of invoice. Network shall restore and replace any disturbed surface vegetation with sod in conformance with City ordinances and standard local practices for placing sod. SECTION 5. EXCAVATIONS Nothing in this agreement waives Network's obligation to apply for and obtain an excavation permit prior to commencement of any work within the Public Right-of-Wayi including the payment of any excavation permit application fee. Subject to an excavation permit, Network is authorized to make excavations in the Public Right -of -Way shown on Exhibits 1-5 for purposes of installation, repair, replacement, and maintenance of Fiber Assets by Network. SECTION 6. CITY RESERVATION OF RIGHTS The City reserves the right to lay, and permit to be laid, wires, pipes, cables, conduits, ducts, manholes and other appurtenances; to do, or permit to be done, any underground and overhead installation of public improvements; and to change any curb or sidewalk or the grade or width of any street or close or vacate any Public Right -of -Way, as such work may be deemed 2 necessary or proper by the City in, across, along, over or under any Public Right -of -Way occupied by Network. In permitting others to do such work, the City shall not be liable to Network for any damages arising out of the performance of such work by third parties. Nothing in this agreement shall be construed to relieve other persons or corporations from liability for damage to Network's facilities and shall in no way limit the City's ability to own, maintain or operate its governmental functions within the Public Right -of -Way. SECTION 7. NETWORK CONTRACTORS The requirements of this agreement shall be binding upon and apply to all persons, firms or corporations performing work for Network under a contract, subcontract, time and materials arrangement or other type of work order. SECTION 8. CONDITIONS OF STREET OCCUPANCY; RELOCATION OBLIGATION The Fiber Assets installed by Network within the Public Right -of -Way 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 users of the Public Right -of -Way and property owners who own land adjoining Public Right -of -Way. All work performed under this agreement shall be done in accordance with the City Municipal Design Standards, Standard Construction Specifications, and the published Design Guidelines and Requirements for Installation of Pole -Mounted Utility Facilities Within City Right -of -Way, which may be amended from time to time as the City deems necessary and appropriate. Network shall conduct its work hereunder in such manner as to cause as little interference as possible with pedestrian and vehicular traffic, and shall abide by scheduling directions, if any, given by the Director of Public Works. Network shall not place its Fiber Assets in the Public Right -of -Way where the same will interfere with the normal use or maintenance of any public improvement, including but not limited to streets, alleys, sidewalks, traffic control devices, sanitary sewers, storm sewers, storm drains or water mains, electrical transmission lines or any public utility facility. Network shall not place identification signs within the Public Right -of -Way. Network shall, upon reasonable notice and at its sole cost and expense, remove, locate and relocate any Fiber Asset in, on, over or under Public Right -of -Way in such manner as the City may at any time require for the purpose of facilitating the construction, reconstruction, maintenance, repair or change in grade of any public improvement on, in or about any such Public Right -of -Way, for the purposes of facilitating the vacation and/or redevelopment of public property or Public Right -of -Way by the City. In the event Network fails to act within a reasonably allocated time, the City may cause the Fiber Assets to be relocated, in which case the City shall not be responsible for any damage to the Fiber Assets or any disruption of communication, and the costs thereof shall be to Network paid as provided in Section 4 hereof. Claims for delay of work from contractors employed by the City that are a result of Network's failure to act within a reasonable time shall be the responsibility of Network. In the case of Public Works projects, reasonable time shall be defined as the six (6) week period from the date the project documents are made available to bidders. Upon request, Network agrees to assist in locating its underground Fiber Assets. Such assistance will be provided in a timely manner, but not more than forty-eight (48) hours after 3 0 the time of request. As a condition of this agreement Network shall enroll as a member of the "Iowa One -Call System" and shall respond to all requests and notifications placed to the toll- free "One -Call' number. SECTION 9. DAMAGED, DETERIORATED OR ABANDONED FIBER ASSETS Network shall repair or replace damaged or deteriorated Fiber Assets within 48 hours of notification from the City. Network shall notify the City when it intends to abandon its Fiber Assets. Within 30 days of abandonment, Network shall remove any and all abandoned Fiber Assets from the Public Right - of -Way unless the Director of Public Works expressly waives this requirement in writing, in which case such abandoned Fiber Assets become property of the City at no compensation to Network. SECTION 10. POWERS OF CITY OF IOWA CITY Nothing in this agreement shall be construed to abridge the right or power of the City to make or amend further ordinances, regulations or policies relative to the use of Public Right -of -Way by anyone using the same for the Installation and maintenance of utility systems. This shall include, but be not limited to, establishment of a fee to recover the City's right-of-way management costs; establishment of any other fee allowed by law for use of Public Right -of - Way; and requirements deemed necessary for management of Public Right -of -Way such as the provision of a letter of credit, annual financial reports, service records, annual operations report. Any such ordinances, regulations, or policies shall apply to Network and to this agreement SECTION 11. RECORD KEEPING, ANNUAL REPORT Upon completion of the work, Network shall promptly furnish to the City as -built information related to its Fiber Assets located in the Public Right -of -Way in a Geographic Information System (GIS) format compatible with ArcGIS software, including either shapefiles or geodatabase information. The as -built Information shall be 3 -meter accuracy or better and consistent with the Iowa State Plane South coordinate system. Provided attributes shall reflect the facility type, location and other information needed to identify the facilities. Network shall keep complete and accurate maps and records of the locations and operations of its facilities including buried abandoned facilities, in connection with this agreement, which shall be provided to the City annually on June 30 for the term of this agreement. SECTION 12. VIOLATIONS OF AGREEMENT In the event that Network violates any term of this agreement, Network shall be deemed in default and the City shall give written notice to Network of the default. Network shall cure such default within thirty (30) calendar days after receipt of such notice; provided, however, where any such default cannot reasonably be cured within such thirty (30) day period and Network proceeds promptly to cure the same and prosecute such cure with due diligence, the time for curing such default shall reasonably be extended for such period of time as may be necessary to complete such cure, as determined by the City. W If the City determines that a breach of this agreement is an immediate danger to public health, safety or welfare that requires immediate action, the City may provide verbal or written notice of said determination to Network and immediately remedy the default by doing the act itself, or through a contractor, and charge the costs of such work to Network. If Network fails to cure a default within the time allowed, the City shall have the right to do any or all of the following: terminate this agreement; ii. seek specific performance; remedy the default by doing the act itself, or through a contractor, and charge the costs of such work to Network; and iv. seek damages of such default, including attorney fees. This Agreement shall be interpreted and enforced in accordance with the laws of the State of Iowa. Any legal proceeding instituted with respect to this Agreement shall be brought in a court of competent jurisdiction in Johnson County, Iowa. The parties hereto hereby submit to personal jurisdiction therein and irrevocably waive any objection as to venue therein, including any argument that such proceeding has been brought In an inconvenient forum. SECTION 13. LIABILITY, INDEMNIFICATION AND INSURANCE Network covenants to indemnify, defend and save the City and its officers, agents and employees, harmless from any and all damages arising directly from the exercise of the rights granted herein. Network agrees to require contractors and subcontractors engaged In work for Network pursuant to this Agreement to maintain insurance coverage during the term of their work and to provide the City with certificates of Insurance satisfactory to City. SECTION 14. SEVERABILITY In the event a court of competent jurisdiction shall adjudge any provision or provisions hereof invalid or illegal, or direct a change by Network in any matter or thing herein contained, such invalidity, illegality or change shall be deemed severable and shall in no way affect the remaining provisions of this agreement or their validity or legality and this agreement in all other respects shall continue in full force and effect as if said provision or provisions had not been so adjudged invalid or illegal, or such change had not been directed. At the City's option, and upon a court's ruling of invalidity or illegality, the City may cause this agreement to be terminated. SECTION 15. ASSIGNMENT Neither party shall assign or otherwise transfer this agreement or any of its rights and interest to any firm, corporation or individual, without the prior written approval of the other parry. Any assignment made without prior written approval shall be considered a default of this agreement. LV SECTION 16. TERMINATION OF AGREEMENT AND VACATION OF RIGHT-OF-WAY The City may terminate this Agreement at any time upon thirty (30) days notice provided to Network, if the City determines that the property is needed for a public purpose and should be cleared of any and all obstructions. When not in conflict with other City purpose, need or use, as long as Network exercises the rights granted to it hereunder, the City will not, by ordinance or otherwise, vacate any right-of-way in which Network has installed its Fiber Assets without reserving such rights as necessary to allow continued use of such property for the said Fiber Assets in accordance with the terms of this agreement, provided that nothing herein shall limit the City's right to require Network to remove or relocate its Fiber Assets as provided in Section 8 hereof. SECTION 17. DELIVERY OF NOTICES Except as may be expressly provided herein, any notices hereunder shall be in writing and shall be delivered via certified mail and addressed as follows, unless indicated otherwise in the future: If to City: Public Works Director City of Iowa City 410 E. Washington Street Iowa City, IA 52240 If to Network: Scott Hoffman, CEO Wisconsin Independent Network, LLC 4955 Bullis Farm Road Eau Claire, WI 54701 In case of an emergency, notices may be given verbally to the above-named persons. In such case, written confirmation should be provided. Nothing contained herein shall prevent other forms of notice if actually received by addressee. Notice shall be deemed given on date of mailing, or, if delivered otherwise, on the date actual notice is received. SECTION 18. RECORDATION This agreement shall be recorded in the Johnson County Recorder's Office, at Network's expense. Dated this 19thday of February 2019 CITY OF IOWA CITY l JaKes Throgmorton, May6r NETWO f� By: Print Name, Title: 5 c -on- Mn2MA4 Attest: City Clerk CO POM Elk Approved rb�y: j'y =' (m P�ir� nrvz/icf-C�l 1—� City Attorney's Office ;L k-6119 CITY OF IOWA CITY ACKNOWLEDGMENT STATE OF IOWA ) ) SS: JOHNSON COUNTY ) This record was acknowledged before meon, this &t�-ay of 2019, by 3ar[\25 ThroBMDf-�011 and K6f—L061;(Yaas Mayor City Clerk, respectively, of the City of Iowa City, Iowa. Notary Public in and r th to of Iowa CHFHSTINE OLNEY iCwwftionNw4w8o6M My commission expires: �— 4w0, Mr Comm mon Evkn NETWORK ACKNOWLEDGMENT STATE OF WISCONSIN ) ) ss: COUNTY ) This rec rd villas acknowledged before me on this �* day of fl�bP VF ` 2019, by 2 r� (Name(s) of individual(s)) as (type of authority, such as officer or trustee) of Wisconsin Independent Network, LLC. N ry ublic in and for the State of Wisconsin My commission expires: 7 M OmST EmMe9. D:.WAIG.AW,I.Ci9At.E.ANgMD.U1! [�I�h�b�� OVERVIEW " r • �` � N Ire r " E BLOOMINGTON ST - X*DWN AaW004 ' •... 9911 I' TAN w � .� R06W `y r ie IOW�CI GRRERT. MARKET, R11mSON t�f Z r 1 � ' .� . - k r. WISCONSNWTMD�EPENDENI EAAARKET ST rT rte! r 4 PROIECI' DESCRIPTION. 003 I _ PLACE 0 COUNT FIRER ALONG — _ '-`* q '. - - E MARKET ST PRor �R nm G mut allA Iz w m Ewsrm ENGmEERmG DATE AAVV�' COMPLETED: 10. 42018 ��'t •j F I - ••: REVISIONS i f�� l R- o Z REV2 w r -/ f W LN. MQJF r ENGm U ^. F _ 'r O TOODELLkRSON PNONE:6 KSON 3 R�M �. sllich.o miecm� • � iR� �/ Z REDI BURT (� SCAS ALE 1'-IaP 1pt w�...we IMgmMv N.wv[ uC s DOCuSign Envelope ID: 48A2ABE4-AOA1-4CF9-A2BE-A2A62DA0333B Matchline Survey Sta. 003+59 (See Sheet 002 of 004 ) IeN GILBERT S' If =: f r a P/L At t P/L-�. CUR �— ° 1 17-7 e f. Y i a 1 � f a - mei � iP . R/W R/N — R / i 1 j 5 ¢ + h 4 IeN GILBERT S' If =: f r a F ,Ge of DRP, E _ CURB -- CUR 17-7 e f. R,'W d r _ CURB -- CUR 17-7 e f. a - mei � iP . h / I O" w 0 1 O O O 0 0 F W II mtt�., ImO fLP/L —PTI „d - I--- P/L P/L P/L — P/L --- P/L ---- m m 0 WW P/L. i r1 e �c• r ♦ E i R/W -+--- R/W -- R 0,00 0+03 EDGE OF CURB [�qq er Y V ` ec uRG�Rg- R f 1 1 j k/4 j ---- R/W — R/W -- R/W r,. Lr I Y SHEET 001 OF 004 Z couNW. JOHNSON To"gw: TOM: T 79N RANGE R06 W SECTION: 10 NUNKFAUM s IOWA CITY O N ROAD NATE: 2 N GILBERT AND E MARKET rD d 0 0 O O WISCONSIN INDEPENDENT NETWORK rD rD PROJECT ID # 01-709 V1 S PROJECT DESCRIPTION: PLACE 48 COUNT FIBER ALONG Co PROPOSED ROUTE m G) Z O AENGINEERING DATE COMPLETED: 10-24-201S REVISIONS REV I I;7DlTy: W.I.N.PROJECT ENGINEER TODD ELLICKSON PHONE: 608-852-4072 tellicksono,wins.net REDLINE AS BUILT SCALE P = 39 NOTICE Infortnatim contained in this document is proprietary and shall not be used, copied, reproduced or disclosed, in whole or in part, without written consent of Wisconsin Independent Network LLC. DocµSign Envelope ID: 48A2ABE4-AOA1-4CF9-A2BE-A2A62DA0333B t � C• U -I T Xf a{ R/'1 R./W— — R/W _�R/W R/W /W R/Y — — c CURBp — W.. k 3 SHEET 002 OF 004 N COUNTY: JOHNSON TOMNSW: TOM: T79N RMIIE R 06 W SECTION: IN 10 MUNIMAUTY: IOWA CITY m {/f ROM) NAME: E MARKET m w v 0 0 v A WISCONSIN INDEPENDENT N NETWORK m CD PROJECT ID # 01-709 N m PROJECT DESCRIPTION: m PLACE 48 COUNT FIBER ALONG PROPOSED ROUTE 0 0 w 0 AENGINEERING DATE COMPLETED: 10-24-2018 REVISIONS REV I REV 2 W.I.N. PROJECT ENGINEER TODD ELLICKSON PHONE: 608-852-4072 tellickson@wins.net REDLINE AS BUILT SCALE l" = 30' NOTICE Information contained in this document is proprietary and shall not be used, copied reproduced, or disclosed in whole or in part, without written consent of Wisconsin Independent Networlr, LLC. ►-1 Envelope ID: 46A2ABE4-AOA1-4CF9-A2BE-A2A62DA03338 Matchline Survey Sta.011+46 (See Sheet 004 of 004 ) V--,cY�b;A- Q\ SHEET 003 OF 004 N COUNTY: JOHNSON TOWNSAP: TOM: T 79N RANGE R06W SECTION: 10 Y ROMAIrTY. IOWA CITY ROAD NNE E MARKET AND N JOHNSON WISCONSIN INDEPENDENT NETWORK PROJECT ID # Ol -709 PROJECT DESCRIPTION: PLACE 48 COUNT FIBER ALONG PROPOSED ROUTE ENGINEERING DATE COMPLETED: 10-24-2018 REVISIONS REV I REV 2 W.I.N. PROJECT ENGINEER TODD ELLICKSON PHONE: 608-852-4072 tellickson wins.net REDLINE AS BUILT SCALE V =30' NOTICE Information contained in this document is proprietary and shall not be used, copied reproduced, or disclosed, in whole or in part, without written consent of Wisconsin Independent Network LLC. tnvelope lu: 40Nu Dow-nVnI V a O N JOHNSON ST 0 THE ROUTE SHOWN TO THE HOSPITAL FROM THE EXISTING CLIENT OWNED HH IS SHOWN FOR THE PURPOSE OF DETERMINING FIBER LENGTH. THE ROUTE SHOWN ON PRINT IS REPRESENTATIVE AND ACTUAL ROUTE WILL PP - DETERMINED BY FIELD LOCATES PRIOR TO CONSTRUCT!OF CURB s CJR15 CURB OF 1 P --fir R/V - R/V -- R/W R/V -- R/*RI is CURB 1T�_1 Im Z C la IR NOSNHOf N — cu f- r1n: L,: V , e7 SHEET 004 OF 004 Z COINAY: JOHNSON TONNSHW: TOM: T 79N RANGE R06W SECTION: 10 n � MIINIdPAl1TY: IOWA CITY m (/1 ROM NAME N JOHNSON to a 0 N N m WISCONSIN INDEPENDENT NETWORK � PROJECT ID # 01-709 N T PROJECT DESCRIPTION: rD PLACE 48 COUNT FIBER ALONG PROPOSED ROUTE. INSTALL 12 o COUNT IN EXISTING CLIENT w DUCT. C) ENGINEERING DATE COMPLETED: 10-24-2018 REVISIONS REV 1 REV 2 W.I.N. PROJECT ENGINEER TODD ELLICKSON PHONE: 608-852-4072 tellickson wins.net REDLINE AS BUILT SCALE 1" = 30' NOTICE Information contained in this document is proprietary and shall not be used, copied, reproduced, or disclosed, in whole or in part, without written consent of Wisconsin Independent Network LLC. Lk a. . La tw40 Ewa <�� I '•' ... u_ o u u.oz} u O r � r d ; RA RA 0 N O s u 3 w m a mNN'R/W— OOr 00" w w 0g o W�R /V —I V a O N JOHNSON ST 0 THE ROUTE SHOWN TO THE HOSPITAL FROM THE EXISTING CLIENT OWNED HH IS SHOWN FOR THE PURPOSE OF DETERMINING FIBER LENGTH. THE ROUTE SHOWN ON PRINT IS REPRESENTATIVE AND ACTUAL ROUTE WILL PP - DETERMINED BY FIELD LOCATES PRIOR TO CONSTRUCT!OF CURB s CJR15 CURB OF 1 P --fir R/V - R/V -- R/W R/V -- R/*RI is CURB 1T�_1 Im Z C la IR NOSNHOf N — cu f- r1n: L,: V , e7 SHEET 004 OF 004 Z COINAY: JOHNSON TONNSHW: TOM: T 79N RANGE R06W SECTION: 10 n � MIINIdPAl1TY: IOWA CITY m (/1 ROM NAME N JOHNSON to a 0 N N m WISCONSIN INDEPENDENT NETWORK � PROJECT ID # 01-709 N T PROJECT DESCRIPTION: rD PLACE 48 COUNT FIBER ALONG PROPOSED ROUTE. INSTALL 12 o COUNT IN EXISTING CLIENT w DUCT. C) ENGINEERING DATE COMPLETED: 10-24-2018 REVISIONS REV 1 REV 2 W.I.N. PROJECT ENGINEER TODD ELLICKSON PHONE: 608-852-4072 tellickson wins.net REDLINE AS BUILT SCALE 1" = 30' NOTICE Information contained in this document is proprietary and shall not be used, copied, reproduced, or disclosed, in whole or in part, without written consent of Wisconsin Independent Network LLC. Lk Doc ID: 027323350005 Type: GEN Kind: RESOLUTION Recorded: 03/27/2019 at 10:58:18 AM Fee Amt: $27.00 Pape 1 of 5 Johnson County Iowa Kim Painter County Recorder BK5887 PG553-557 STATE OF IOWA ) ) SS JOHNSON COUNTY ) j r 1 11 �*5%= s �'If�wl+>�a� q� "ft -� City Of DTPA C� 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.19-65 which was passed by the City Council of Iowa City, Iowa, at a special meeting held on the 12th day of March 2019, all as the same appears of record in my office. Dated at Iowa City, Iowa, this 14th day of March 2019. CORPOPPiESEP� Kelli K. Fruehling City Clerk fires 410 EAST WASHINGTON STREET • IOWA CITY, IOWA 52240-1826 • (319) 356-5000 • FAX (319) 356-5009 6 Prepared by: Sara Greenwood Hektoen, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240, 356-5030 Resolution No. 19-65 Resolution accepting the dedication of Outlot K, Lindemann Subdivision, Part Three, Iowa City, Iowa as public open space. Whereas, in connection with the Lindemann Subdivision, Part Three, the owner agreed to dedicate Outlot K within said subdivisions to the City as public open space; and Whereas, the owner is now willing and able to dedicate said parcels to the City; and Whereas, pursuant to the subdivider's agreement, 90% of the adjacent lots must be developed prior to acceptance, unless the City waives that requirement; and Whereas, all lots adjacent to this outlot are developed, except one lot that has been sold to a private property owner with no indication of the development timeline; and Whereas, the Parks & Recreation Department and Public Works Department have inspected the property and determined it is suitable for dedication at this time, and recommends the City Council waive the requirement for 90% development and accept said dedication at this time. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that: The dedication and conveyance of Outlot K, Lindemann Subdivision, Part Three, Iowa City, Iowa, as shown on the final plat thereof, recorded at Book 47, Page 77 in the plat records of the Johnson County Recorder, to the City for public open space, in a form of conveyance approved by the City Attorney's Office, is in the public interest and hereby approved and authorized. 2. Upon direction of the City Attorney, the Mayor is authorized to sign and the City Clerk to attest any and all documentation necessary to effectuate the acceptance of said dedication and record the same at Walden Wood Associates, L.L.C.'s expense. Passed and approved this 12th day of March , 2019. . c °60 "q0 MAYOR aC5°dJ �9.a°1 • Approved by e- aA TY CLERKCity Attomey's Office 3 �� It 7 CORM I [AI 5 Resolution No. Page 2 It was moved by Mims and seconded by Cole the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Cole x Mims x Salih % Taylor % Teague % Thomas X Throgmorton 6 STAp 3P eo WARRANTY DEED $ A (CORPORATF/BUSINESS ENTITY GRANTOR) THE IOWA STATE BAR ASSOCIATION Official Folm No. 335 �ssoClA,tSo= 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 152240 Return Document To: (Name and complete address) C. Joseph Holland, 123 N. Linn St., Suite 300, Iowa City, IA 52245 Grantors: Walden Wood Associates II, LLC Grantees: City of Iowa City, Iowa Legal description: Document or instrument number of previously recorded documents: O'Ibalo SWOBvA i36m2017 10WADOCS® 6 STnr�, WARRANTY DEED V (CORPORATE/BUSINESS ENTITY GRANTOR) For the consideration of One valuable consideration, Walden Wood Associates 11, LLC the laws of Iowa Dollar(s) and other ny organized and existing under does hereby Convey to City of Iowa City, Iowa the following described real estate in Johnson County, Iowa: Outlot K, Lindemann Subdivision - Part Three, Iowa City, Iowa, according to the plat thereof recorded in Book 47, Page 77, Plat Records of Johnson County, Iowa. This deed is exempt according to Iowa Code 428A.2(21). The grantor hereby covenants with grantees, and successors in interest, that it holds the real estate by title in fee simple; that it has good and lawful authority to sell and convey the real estate; that the real estate is free and clear of all liens and encumbrances, except as may be above stated; and it covenants to Warrant and Defend the real estate against the lawful claims of all persons, except as may be above stated. Words and phrases herein, including acknowledgment hereof, shall be construed as in the singular or plural number, according to the context. Dated on February rl 0 , 2019 Walden Wood Associates II, LLC a(m) limited liability company By By Caleb Wilson, Manager STATE OF IOWA COUNTY OF JOHNSON This record was acknowledged before me on February , 2019 by Caleb Wilson as of LLC _ ,' MAR NummbeerON68M My 00 Jo h fres of Notary Public ® The Iowa State Bar Association 2017 Form No. 335, warranty Beed - Corporation/Business Entity Grantor Iowanors@ Revised April 21116 5 Illlllfllllllllllllllll�llllllll�lllllll�lllllllllllllllllllll�lllllllllllll Doc ID: 027323380002 Type. GEN Kind: WARRANTY DEED Recrded: 03FeeoAmt: 1;1 00/Page I20 19 tof12 0:26 AM Revenue Tax: $0.00 Johnson County Iowa Kim Painter County Recorder EK5887 PG591-592 SZ" STAT WARRANTY DEED 0 ?� (CORPORATE/BUSMSS EN= GRANTOR) THE IOWA STATE BAR ASSOCIATION Official Fo7m No. 335 7ssoClAT�o Recorder's Cover Sheet Preparer Information: (Name, address and phone number) C. Joseph Holland, 123 N. Linn St., Suite 300, Iowa City, IA 52245, (319) 354-0331 Taxpayer Information: (Name and complete address) City of Iowa City, 410 E. Washington St., Iowa City, IA 52240 Return Document To: (Name and complete address) C. Joseph Holland, 123 N. Linn St., Suite 300, Iowa City, IA 52245 Grantors: Grantees: Walden Wood Associates 11, LLC City of Iowa City, Iowa Legal description: Document or instrument number of previously recorded documents: G Tb. Iowa SM. By As .MMM 3017 IOW"GCS® 5 4) �F, M Illllllllllllllllllllllflll�lllllllllllllllllllllllllll�lllllllllllllllll � � Doc ID: 027323360033 Type: GEN Kind: SUBDIVISION; r Recorded: 03/27/2019 at 10:55:14 AM Fee Amt: $167.00 Page 1 of 33 Johnson County Iowa Kim Painter County Recordert 41.6Z0110 p BK5887 PG558-590 , LNil l CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240-1826 (3 19) 356-5000 STATE OF IOWA ) (319) 356-5009 FAX www.icgov.org ) SS JOHNSON COUNTY ) I, 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. 18-336, which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 18th day of December 2018, all as the same appears of record in my office. Also attached are the final legal documents for Stone Bridge Estates Subdivision — Part Ten, Iowa City, Iowa. Dated at Iowa City, Iowa, this 201 day of Ma rO I^ -- , 2019. (OPOM [A[ Kellie K ruehling City Clerk fires subdl tsion Prepared by: Jesi Lile,Associate Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5240 (SUB18-00014) Resolution No. 18-336 Resolution Approving Final Plat Of Stone Bridge Estates Subdivision - Part Ten, Iowa City, Iowa. Whereas, the owner, Arlington LLC, filed with the City Clerk the final plat of Stone Bridge Estates Subdivision — Part Ten, 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 Southeast Corner of Stone Bridge Estates, Part Seven, to Iowa City, Iowa, in accordance with the Plat thereof Recorded in Plat Book 56 at Page 81 of the Records of the Johnson County Recorder's Office; Thence N40'37'1 3"E, along the East Line of said Stone Bridge Estates, Part Seven, a distance of 227.97 feet; Thence N00°59'54"W, along said East Line, 236.73 feet; Thence N89°14'05"W, along said East Line, 108.01 feet; Thence N00045'55"E, 60.00 feet, to a Point on the South Line of Stone Bridge Estates, Part Eight, in accordance with the Plat thereof Recorded in Plat Book 58 at Page 24 of the Records of the Johnson County Recorder's Office; Thence S89°14'05"E, along said South Line, 108.01 feet; Thence Northeasterly 6.52 feet, along said East Line on a 211.72 foot radius curve, concave Northwesterly, whose 6.52 foot chord bears N89°53'01 "E, to the Southeast Corner thereof; Thence N01 *58'27"E, along the East Line of said Stone Bridge Estates, Part Eight, a distance of 115.71 feet; Thence N01 °32'33"W, along said East Line, 105.25 feet; Thence NO3°10'29"W, along said East Line, 105.33 feet; Thence N01°10'42"E, along said East Line, 105.33 feet; Thence N89000'06"E, along the South Line of Stone Creek Subdivision and the Westerly Projection thereof, 355.00 feet, to a Point on the East Line of the Southeast Quarter of Section 7, Township 79 North, Range 5 West, of the Fifth Principal Meridian; Thence S00°59'54"E, along said East Line, 907.40 feet, to the Northeast Corner of Windsor Ridge - Part Twenty -One, in accordance with the Plat thereof Recorded in Plat Book 50 at Page 93 of the Records of the Johnson County Recorder's Office; Thence S89°59'58"W, along the North Line of said Windsor Ridge - Part Twenty -One, a distance of 300.66 feet, to the Easterly most corner of Auditor's Parcel 2012-055, in accordance with the Plat thereof Recorded in Plat Book 56 at Page 399 of the Records of the Johnson County Recorder's Office; Thence N82°24'36"W, along the North Line of said Auditor's Parcel 2012-055, a distance of 172.74 feet, to the Northwest Corner thereof; Thence S32°27'38"W, along the West Line of said Auditor's Parcel 2012-055, a distance of 27.04 feet, to the Southwest Corner thereof and a Point on the North Line of said Windsor Ridge - Part Twenty -One; Thence S89°59'58"W, along said North Line, 30.08 feet, to the Point of Beginning. Said Tract of Land contains 7.90 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 wil M, Resolution No. 18-336 page 2 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 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 December , 2018. COR,, SAS4= Z ZXZ-- M or 7Aproved by t Attest ity Clerk City Attorney's Office It was moved by Salih adopted, and upon roll call there were: Ayes: X X X X X X and seconded by Nays: Thomas Absent: the Resolution be Teague Cole Mims Salih Taylor Thomas Throgmorton pcMemplates/lom CIry.1416.1.ResoNtion_Dmkdw.doc W 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 SUBDIVIDER'S AGREEMENT STONE BRIDGE ESTATES — PART TEN IOWA CITY, JOHNSON COUNTY, IOWA THIS AGREEMENT made by and between Arlington Development, Inc., hereinafter referred to as "Subdivider", and the City of Iowa City, Iowa, a municipal corporation, hereinafter referred to as the "City". WITNESSETH IT IS, THEREFORE, HEREBY AGREED AS FOLLOWS: Section 1. Public Improvements. In consideration of the City approving the plat of Stone Bridge Estates — Part Ten, Iowa City, Iowa, an addition to the City of Iowa City, Iowa, the Subdivider agrees, as a covenant running with the land that, except as provided in this Agreement, the City shall not issue any building permit on any lots in said subdivision unless and until Subdivider installs and City accepts the following improvements: (a) Concrete paving at least twenty-eight (28) feet in width on all streets shown on the Final Plat for the Subdivision. (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) Concrete trail eight feet (8') in width within the Trail Easement shown on Outlot "F", Stone Bridge Estates — Part Seven. Upon the City's acceptance of this improvement, the City shall release the $4,700.00 escrow previously paid by Subdivider in connection with Stone Bridge Estates — Part Seven. (00209476 3) to (e) Sidewalks and ADA ramps on Thames Drive adjacent to Outlot "F', Stone Bridge Estates — Part Seven, and Outlot "C", Stone Bridge Estates — Part Eight. (f) Grading and asphalting of Taft Avenue at the Thames Drive intersection. The paving, storm sewers, water mains, sanitary sewers and curb ramps are hereinafter referred to as "Improvements." Nothing in this Agreement shall be construed to impose a requirement on the City to install the original public improvements at issue herein. Nor shall the Subdivider be deemed acting on the City's agent during the original construction and installation of said Improvements. The parties agree that the obligation to install the Public Improvement(s) herein shall be in accordance with City specifications, and the obligation shall remain on the Subdivider until completion by the Subdivider, and until acceptance by the City, as provided by law. Section 2. Storm Water Management The City of Iowa City installed a regional storm water detention facility located on the south branch of Ralston Creek just east of Scott Boulevard. The Subdivider is responsible to install storm sewers and drainage swales which together will transport and convey the peak rate of runoff generated from a 100 -year return frequency storm from the development to Ralston Creek. Section 3. Construction of Improvements The Improvements described in Section 1 of this Agreement shall be constructed and installed by the Subdivider according to plans and specifications approved by the City Engineer of the City of Iowa City, who shall have the right to make occasional inspection of the work in progress. Such inspections shall not relieve or release the Subdivider from its responsibility to construct said Improvements in accordance with the approved plans and specifications. Further, said inspections shall not create a duty or warranty on the part of the City that the construction of said Improvements are in compliance with said plans and specifications. Section 4. Sidewalks. The Subdivider agrees to install sidewalks adjacent to Thames Drive and Huntington Drive. Said sidewalks shall be at least five (5) feet in width and shall be constructed according to plans and specifications approved by the City Engineer and as per Sections 15-3-3; 16-1 C-1, 2, 3; 16-4-1, of the Iowa City Code of Ordinances. The Sidewalks and trail required to be installed as public improvements under Section 1 shall be installed prior to the issuance of a building permit. 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 5. Building Permits and Escrow Monies. {00209476 3l LP If the Subdivider should desire a building permit for a building on any lot in said subdivision before the Improvements have been installed, the Subdivider shall deposit with the Department of Housing and Inspection Services, in escrow, an amount equal to the estimated cost of constructing said Improvements plus ten percent (10%) thereof (hereinafter "Improvements Escrow"). The City Engineer shall determine the amount of the escrow which shall be collected for each building permit issued prior to the installation of the Improvements. In addition to the Improvements Escrow, if Subdivision Erosion Control measures have not been installed, with ground cover established by growth, the City may require, as a condition to the issuance of the first building permit for construction with the subdivision, that the Subdivider deposit in escrow with the City the sum of $2,000.00 (the "Erosion Clean-up Escrow") to assure reimbursement for the cost of cleaning public streets, storm sewers, gutters or catch basins, which may be incurred by the City as a result of erosion from any lot in the Subdivision. The Subdivider shall be responsible for the cost of any such clean-up; and to the extent that the Subdivider fails to accomplish erosion clean-up after reasonable notice from the City, the City is hereby authorized but not obligated to do the work and to charge the cost thereof to the Erosion Clean-up Escrow, if adequate, and to charge any excess costs to the Subdivider. If the Erosion Clean-up Escrow is insufficient to pay the costs incurred by the City, the Subdivider shall promptly reimburse the City for the excess costs incurred. The unused balance of the Erosion Clean-up Escrow shall be returned to the Subdivider after erosion control Measures have been installed, and ground cover has been established by growth. After the Erosion Clean-up and Improvements Escrows have been established, the Building Inspector of the City is authorized to issue a building permit, if the applicant is in compliance with all other applicable requirements and ordinances of the City. Section 6. Occupancy Permit. Prior to the issuance of an occupancy permit for any structure erected pursuant to Section 5, the City in its discretion may require the Subdivider, its assigns or successors in interest, to construct and install the Improvements as stated in Section 1 and the sidewalks as stated in Section 4. Section 7. Use of Escrow Monies. If, after the issuance of an occupancy permit, the Improvements have not been constructed and installed, the City may use funds deposited in the Improvements Escrow to construct and install such Improvements. If the cost of the construction and installation of said Improvements exceeds the amount of said escrows, the City shall have a lien and charge against all the lots in the subdivision for the balance of the cost. After the construction and installation of the Improvements, the City shall refund to the Subdivider any Improvements Escrow monies not used by the City for the construction and installation of such Improvements. {00209476 31 Section 8. Waiver. If the Subdivider, its assigns or successors in interest, sells or conveys lots in the Subdivision without first constructing or installing the required Improvements or sidewalks, the City shall have the right to install and construct said Improvements or sidewalks. Subdivider acknowledges and agrees that all lots in the subdivision are specifically benefited by the Improvements, so the cost of installing and constructing Improvements shall be a lien and charge against all the lots in the subdivision under Chapter 384 of the 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 9. Release. The City agrees that when the Improvements have been installed as required to the satisfaction of the City, the City will, upon request, promptly issue to the Subdivider, for recording in the Office of the Johnson County Recorder, a good and sufficient release for the lots in the subdivision so that this Agreement will not constitute a cloud upon the title of the lots in the subdivision. The Iowa City Mayor and City Clerk are hereby authorized to execute said release, and all other necessary and appropriate releases, with the concurrence of the City Attorney and City Engineer. A separate sidewalk lien release will be issued where appropriate as set forth in Section 4. This section also authorizes the execution of one or more limited release agreements, based on the escrows for improvements as contemplated by Section 5 above and as may be acceptable to the City. Section 10. Street Maintenance and Public Services. The Subdivider agrees that public services, including but not limited to street maintenance, snow removal, and solid waste collection, will not be extended to the subdivision until Thames Drive and Huntington Drive are installed and accepted by the City. Section 11. Neighborhood Open Space and Release of Restrictive Covenant. The City's Neighborhood Open Space Ordinance requires the dedication of .58 acres of property, or the payment of a fee in lieu thereof, in connection with the land contained within the Subdivision. It is agreed that said requirement shall be met by the payment of $11,600.00 (.58 acres x $20,000.00 per acre) prior to the issuance of any building permit for any lot in the subdivision. Section 12. Miscellaneous. (a) All electrical, telephone and cable television service and distribution lines shall be installed underground. (00209476 3) LO (b) Outlot "A" shall be used for a mailbox cluster and shall be maintained and managed initially by the Subdivider, and subsequently transferred to a homeowner's association to be organized to maintain the common areas within the Subdivision (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 $3,663.14 ($456.75 per acre for 7.90 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. (e) The Subdivider agrees that in consideration of the final plat being approved by the City, the Subdivider shall contribute funds to the City for the reconstruction of Taft Avenue per City Ordinance 15-3-2(K) in the amount equal to 12.5% of $824.00 per linear foot for 907.4 linear feet or a total amount of $93,462.20. This amount shall be paid upon the issuance of the first building permit for the subdivision. (f) Lots 150 through 164 have restrictive minimum low opening (MLO) elevations. Please refer to the approved construction plans on file with the City for the elevations that have been established. Section 13. Binding Effect. This agreement shall inure to the benefit and bind the successors and assigns of the respective parties hereto and shall be construed as a covenant running with the title to the lots within the subdivision. (REMAINDER OF THIS PAGE INTENTIONALLYLEFT BLANK) {00209476 31 [Signature page to Subdivider's Agreement] Dated this X11 day of t PWm Le, r, 2018. ARLINGTON DEVELOPMENT, INC. B*JOW- W oreland,President an ecretary CITY OF IOWA CITY, IOWA By: _4G , C08P-TESEAtJ' Throgmorton, Mayor srt By: 12 Kellie Fruehlin eity Clerk STATE OF IOWA, COUNTY OF JOHNSON, ss: This instrument was acknowledged before me on this 2,1 "' day of /V #W nt ie e , 2018, bj�T'y sident and Secretary of Arlington Development, Inc. e F Commlulon Number 175282 My Commlulon Exphw July 26, 2021 Notary Public in and foAaid State STATE OF IOWA, COUNTY OF JOHNSON, ss: 1 %, 2018, before me, the undersigned, a Notary On this 1t5 'day of Public in and for said County and State, personally appeared Jim Throgmor•ton 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. CHRISTIIIE OWE o � Cp�bsion NumpK 806292 � ... � M Comma bn Expires IOWA (002094762) Z-Z&Vff- CERTIFICATE OF COUNTY TREASURER STONE BRIDGE ESTATES -PART TEN IOWA CITY, JOHNSON COUNTY, IOWA I, the undersigned, Treasurer of Johnson County, Iowa or deputy thereof, hereby certify that the following described property, also known as Stone Bridge Estates — Part Ten, 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 day of November, 2018. Thomas L. Kriz, Treasurer of Johnson County, Iowa Parcel No: 0907401019 SEAL (00209482) 1 EXHIBIT f°A" Legal Description STONE BRIDGE ESTATES — PART TEN IOWA CITY, JOHNSON COUNTY, IOWA AUDITOR'S PARCEL 2018105, IOWA CITY, JOHNSON COUNTY, IOWA, IN ACCORDANCE WITH THE PLAT THEREOF RECORDED IN PLAT BOOK 62, AT PAGE 257, IN THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE, LYING IN A PORTION OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER, AND A PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER, BOTH OF SECTION 7, TOWNSHIP 79 NORTH, RANGE 5 WEST, OF THE FIFTH PRINCIPAL MERIDIAN, IOWA CITY, JOHNSON COUNTY, IOWA. SAID TRACT OF LAND CONTAINS 7.90 ACRES, AND IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. (00209482) m CERTIFICATE OF COUNTY AUDITOR STONE BRIDGE ESTATES — PART TEN IOWA CITY, JOHNSON COUNTY, IOWA I, Travis Weipert, the Johnson County Auditor, hereby approve of Stone Bridge Estates — Part Ten as asuccinct and unique name for the subdivision containing the following described real estate located in Johnson County, Iowa: See Exhibit "A". CZt d� h -v, Dr ,/ Travis Weipert, Johns n Coi niW Auditof —� Date SEAL {00209470} LO EXHIBIT "A" Legal Description STONE BRIDGE ESTATES — PART TEN IOWA CITY, JOHNSON COUNTY, IOWA AUDITOR'S PARCEL 2018105, IOWA CITY, JOHNSON COUNTY, IOWA, IN ACCORDANCE WITH THE PLAT THEREOF RECORDED IN PLAT BOOK 62, AT PAGE 257, IN THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE, LYING IN A PORTION OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER, AND A PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER, BOTH OF SECTION 7, TOWNSHIP 79 NORTH, RANGE 5 WEST, OF THE FIFTH PRINCIPAL MERIDIAN, IOWA CITY, JOHNSON COUNTY, IOWA. SAID TRACT OF LAND CONTAINS 7.90 ACRES, AND IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. (00209470) 1.0 OWNER'S CERTIFICATE AND DEDICATION STONE BRIDGE ESTATES — PART TEN IOWA CITY, JOHNSON COUNTY, IOWA KNOW ALL MEN BY THESE PRESENTS: Arlington Development, Inc. does hereby certify and state that it is the owner and proprietor of the following described real estate situation in Johnson County, Iowa, to -wit: See Exhibit "A" Arlington Development, Inc., does further state that the subdivision of said real estate as it appears on the Final Plat of Stone Bridge Estates - Part Ten 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 Stone Bridge Estates - Part Ten, 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 r211 day of November, 2018. DEVELOPMENT, INC. W. Moreland, Jr., President CITY OF IOWA CITY, IOWA By: -4n�n im Throgmorton, Mayor By. Kellie Freehling, Clerk (00209474) 1 ^ STATE OF IOWA ss: COUNTY OF JOHNSON ) ledged before me on this go day of November, 2018, by John rm�fi and Secretary of Arlington Develo ment, Inc. My Commlsslon F.xplres ,� July 26, 2 1 Notary Public in ang for s i State STATE OF IOWA ) ss: COUNTY OF JOHNSON ) On this &t—Nay of December, 2018, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Jim Throgmorton and Kellie Fruehling, to me personally known, and who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by authority of its City Council; and that Jim Throgmorton and Kellie Fruehling acknowledge the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it and them voluntarily executed. a��'`'�m CHRISTINEOLNEY z Commlasio^NumberBpgyJg • • Commission Expires owa {002094741 Notary Public in and Wsaid State EXHIBIT "A" Legal Description STONE BRIDGE ESTATES — PART TEN IOWA CITY, JOHNSON COUNTY, IOWA AUDITOR'S PARCEL 2018105, IOWA CITY, JOHNSON COUNTY, IOWA, IN ACCORDANCE WITH THE PLAT THEREOF RECORDED IN PLAT BOOK 62, AT PAGE 257, IN THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE, LYING IN A PORTION OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER, AND A PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER, BOTH OF SECTION 7, TOWNSHIP 79 NORTH, RANGE 5 WEST, OF THE FIFTH PRINCIPAL MERIDIAN, IOWA CITY, JOHNSON COUNTY, IOWA. SAID TRACT OF LAND CONTAINS 7.90 ACRES, AND IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. (00209474) IV Prepared by: Michael J. Pugh 425 E. Oakdale Blvd. Suite 201 Pugh Hagan Prahm PLC Coralville, IA 52241 OPINION OF ATTORNEY STONE BRIDGE ESTATES — PART TEN IOWA CITY, JOHNSON COUNTY, IOWA (319)351-2028 Fax: (319) 351-1102 I, 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: See Exhibit "A" It is hereby certified that fee simple title to said property, to become known as Stone Bridge Estates — Part Ten, is in Arlington Development, Inc., free and clear of all liens and encumbrances except for the following mortgage liens: A. a Mortgage in favor of Arlington, L.C. dated the 29h day of October, 2018, and recorded the 29`s day of November, 2018, in Book 5859, at Page 291 of the Mortgage Records of the Recorder of Johnson County, Iowa. B. a Mortgage in favor of MidWestOne Bank dated November 7, 2008 and recorded December 1, 2008, in Book 4369, at Page 77 of the Records of the Recorder of Johnson County, Iowa. Dated at Coralville, Iowa, this JO day of November, 2018 �.l Michael J. Pugh IV Pugh Hagan Prahm PLC 425 E. Oakdale Blvd, Suite 201 Coralville, IA 52241 (319) 351-2028 Phone (00257770) EXHIBIT "A" Legal Description STONE BRIDGE ESTATES — PART TEN IOWA CITY, JOHNSON COUNTY, IOWA AUDITOR'S PARCEL 2018105, IOWA CITY, JOHNSON COUNTY, IOWA, IN ACCORDANCE WITH THE PLAT THEREOF RECORDED IN PLAT BOOK 62, AT PAGE 257, IN THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE, LYING IN A PORTION OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER, AND A PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER, BOTH OF SECTION 7, TOWNSHIP 79 NORTH, RANGE 5 WEST, OF THE FIFTH PRINCIPAL MERIDIAN, IOWA CITY, JOHNSON COUNTY, IOWA. SAID TRACT OF LAND CONTAINS 7.90 ACRES, AND IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. (00257770) 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 STONE BRIDGE ESTATES — PART TEN IOWA CITY, JOHNSON COUNTY, IOWA In consideration of the approval of the Final Plat of Stone Bridge Estates — Part Ten, Iowa City, Johnson County, Iowa, the undersigned owner hereby grants to MidAmerican Energy Co., CenturyLink and Mediacom, and their successors (hereinafter collectively "Grantees") a perpetual easement upon, over, under, along and across the areas designated on the Final Plat of Stone Bridge Estates — Part Ten, Iowa City, Johnson County, Iowa, as "15.0' Wide 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 (00257471) remove and/or clear away any such gardens, shrubs, minor landscaping, bushes and plantings within the easement area without compensation to Grantor or its success in interest. Dated this �g day of November, 2018. ARLINGTON DEVELOPMENT, INC. Byii W. W. Moreland, Jr., President a Secretary STATE OF IOWA, COUNTY OF JOHNSON, ss: This instrument was acknowledged before me on this P* day of November, 2018, by John W. Moreland, Jr., President and Secretary of Arlington Development,. Notary Public in and for State of Iowa s��y4 MICHAEL JPUGH .94 F Co mmbsbn Number 175282 My CommMw Expirm July 26, 2021 (00257471) CONSENT OF MORTGAGEE TO SUBDIVISION STONE BRIDGE ESTATES — PART TEN IOWA CITY, JOHNSON COUNTY, IOWA The undersigned, Arlington, LC, is the Mortgagee of the Mortgage from the following: Arlington Development, Inc., dated the 290' day of October, 2018, and recorded the 29h day of November, 2018, in Book 5859, at Page 291, of the Mortgage Records of the Recorder of Johnson County, Iowa. Said Mortgage records therein that property to be designated as Stone Bridge Estates - Part Ten and legally described on the attached Exhibit "A". That the undersigned Mortgagee, pursuant to the provisions of Chapter 354, Code of Iowa, does hereby consent to the platting of this subdivision by Arlington Development, Inc. and does hereby release from said mortgage all streets, easements, outlots or other areas to be conveyed or dedicated to the City of Iowa City, Iowa. [REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK] (00209472) [SIGNATURE PAGE TO CONSENT OF MORTGAGEE — ARLINGTON, L.C.] Dated this 01? day of November, 2018. ARLINGTON, L.C. b—ABy = `^--' ' M "U — J I W. Moreland, Jr., Manager STATE OF IOWA, COUNTY OF JOHNSON, ss: This instrument was acknowledged before me on this Rj? day of November, 2018 by John W. Moreland, Jr. as Manager of Arlington, L.C. *M! r n Notary Public in/'/and for d State {002094721 I lP EXHIBIT "A" Legal Description STONE BRIDGE ESTATES — PART TEN IOWA CITY, JOHNSON COUNTY, IOWA AUDITOR'S PARCEL 2018105, IOWA CITY, JOHNSON COUNTY, IOWA, IN ACCORDANCE WITH THE PLAT THEREOF RECORDED IN PLAT BOOK 62, AT PAGE 257, IN THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE, LYING IN A PORTION OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER, AND A PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER, BOTH OF SECTION 7, TOWNSHIP 79 NORTH, RANGE 5 WEST, OF THE FIFTH PRINCIPAL MERIDIAN, IOWA CITY, JOHNSON COUNTY, IOWA. SAID TRACT OF LAND CONTAINS 7.90 ACRES, AND IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. {00209472} /_ w CONSENT OF MORTGAGEE TO SUBDIVISION STONE BRIDGE ESTATES — PART TEN IOWA CITY, JOHNSON COUNTY, IOWA The undersigned, MidWestOne Bank, is the Mortgagee of the Mortgage from the following: A. Gary D. Watts, Becky J. Watts, John W. Moreland, Jr., and Sandra J. Moreland, which document is dated November 7, 2008 and was recorded December 1, 2008 in Book 4369, at Page 77 of the records of Johnson County, Iowa. Said Mortgage records therein that property to be designated as Stone Bridge Estates - Part Ten and legally described on the attached Exhibit "A". That the undersigned Mortgagee, pursuant to the provisions of Chapter 354, Code of Iowa, does hereby consent to the platting of this subdivision by Arlington Development, Inc. and does hereby release from said mortgage all streets, easements, outlots or other areas to be conveyed or dedicated to the City of Iowa City, Iowa. Dated this XT%ay of November, 2018. MIDWESTONE BANK By. STATE OF IOWA, COUNTY OF JOHNSON, ss: This instrument was acknowled ed before me on this _: J*1 day of November, 2018, bycylyQ ('tywo" and ,as VP and \(? , respectively, c MidWestOne Bank. APw�c NIKOLAAPROM a Conumsion Number 798282 '^ My Com^m� M Fjores OWP 22 (00257771) �'IFV-a &?ym -'- No ary P Iblic in and for s id State 0 EXHIBIT "A" Legal Description STONE BRIDGE ESTATES — PART TEN IOWA CITY, JOHNSON COUNTY, IOWA AUDITOR'S PARCEL 2018105, IOWA CITY, JOHNSON COUNTY, IOWA, IN ACCORDANCE WITH THE PLAT THEREOF RECORDED IN PLAT BOOK 62, AT PAGE 257, IN THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE, LYING IN A PORTION OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER, AND A PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER, BOTH OF SECTION 7, TOWNSHIP 79 NORTH, RANGE 5 WEST, OF THE FIFTH PRINCIPAL MERIDIAN, IOWA CITY, JOHNSON COUNTY, IOWA. SAID TRACT OF LAND CONTAINS 7.90 ACRES, AND IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. (00257771) 0 A 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 LANDSCAPE BUFFER EASEMENT AGREEMENT STONE BRIDGE ESTATES — PART TEN IOWA CITY, JOHNSON COUNTY, IOWA In consideration of the approval of the Final Plat of Stone Bridge Estates — Part Ten, Iowa City, Iowa, the undersigned owner hereby grants to the City of Iowa City (the City), which expression shall include its successors in interest and assigns, a perpetual easement upon, over, under, along and across the areas designated as "15.0' Wide Landscape Buffer Easement" as shown on the Final Plat of Stone Bridge Estates — Part Ten, attached hereto and incorporated herein by reference, hereafter described as "easement area," for the purpose of planting and maintaining a mixture of coniferous and deciduous vegetation. This reserved easement shall include the right to plant, install, lay, construct, reconstruct, renew, treat, care for, and maintain any and all plantings required by the City of Iowa City as part of the approval of Stone Bridge Estate — Part Ten, Iowa City. No permanent dwellings structures or fences shall be placed on the easement area so designated for Landscape Buffer Easement, however the same may be used purposes that do not then or later interfere with the aforesaid uses or the rights herein granted. The easement reserved herein may be assigned to the Stone Bridge Estates Homeowners Association and may not be terminated without the written approval of the City of Iowa City, Iowa. [REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK] (00257473) [SIGNATURE PAGE TO LANDSCAPE BUFFER EASEMENT AGREEMENT] Dated this o9l day of November, 2018. ARLINGTON DEVELOPMENT, INC. By. Jl in W. Moreland, Jr., President Secretary STATE OF IOWA, COUNTY OF JOHNSON, ss: This instrument was acknowledged before me on this cl� 4 day of November, 2018, by John W. Moreland, Jr., as President and Secretary of Arlington Development, Inc. �. MICHAEL J PUGH ? tF COmmWkn Number 175282 MyAuly orr 26 2027xpi� Ae4X,,t1-"d• leej� Notary Public in and for s ' State (00257473) Le 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 TURN AROUND EASEMENT AGREEMENT STONE BRIDGE ESTATES - PART TEN IOWA CITY, JOHNSON COUNTY, IOWA For the sum of One Dollar and other valuable consideration, the undersigned Grantor hereby grants to the public and the City of Iowa City, a perpetual City service access easement upon, over, under, along, and across the temporary turnaround area constructed at the end of Lot 140 within Stone Bridge Estates - Part Ten and as shown on Final Plat of Stone Bridge Estates — Part Ten. This easement grants to the City and its service vehicles, employees and agents a means of ingress, egress and passage over the easement areas for all official acts and City services. Additionally, the Iowa City Fire Department is hereby granted an access easement with the right of access over and across the above-described easement areas, which right includes the right of vehicular turn -around and non -emergency access and posting for the purposes of enforcing Fire Safety Standards under the Uniform Fire Code, as amended. The City's Police Department is authorized to ticket, tow, or cause to be towed, pursuant to the Code of Iowa, as amended, any motor vehicle that has been parked or placed upon the temporary easement areas in violation of the parking laws of the City and State of Iowa. This Agreement shall serve as appropriate notice for such authorization to City's Police Department under the Code of Iowa, as amended. The City shall have no responsibility for maintaining the easement area. Grantor, its successors in interest and assigns, reserve the right to use said easement areas for purposes which will not interfere with the Grantee's full enjoyment of rights hereby granted; provided the Grantor shall not erect or construct any structure, reservoir, retaining wall, or other obstruction on said areas. (00257491) fl The Grantor hereby covenants that it is lawfully seized and possessed of the real estate described above, and that it has good and lawful right to convey it or any part thereof. The term of this easement will be until Huntington Drive is extended in a northerly direction from Stone Bridge Estates - Part Ten. This easement shall inure to the benefit of and bind and the successors and assigns of the respective parties hereto. All covenants shall be deemed to apply to and run with the title to the land. Dated this —? day of November, 2018 ARLINGTON DEVELOPMENT, INC. By: Jo . Moreland, Jr., President Secretary STATE OF IOWA ) ) ss: COUNTY OF JOHNSON ) This instrument was acknowledged before me on this of 9 day of November, 2018, by John W. Moreland, Jr., as President and Secretary of Arlington Development, Inc. {002574911 & r 'jL-, Notary Public in anfor sa' tate I 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 STONE BRIDGE ESTATES — PART TEN IOWA CITY, JOHNSON COUNTY, IOWA THIS AGREEMENT, made and entered into by and between Arlington Development, Inc. ("Owner"), which expression shall include its successors in interest and assigns, and the City of Iowa City, Iowa (the "City"), which expression shall include its successors in interest and assigns. 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 "20.0' Temporary Construction Easement" on the Final Plat of Stone Bridge Estates — Part Ten, 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 "20.0' Temporary Construction Easement" as shown on the Final Plat of Stone Bridge Estates — Part Ten (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: {00261625} LOLO - i A. City shall have the right to make excavations within the Temporary Easement Area, and to grade as City may find reasonably necessary for the construction. City covenants and agrees to protect such excavations during construction; to promptly fill said excavations following construction; and to be liable for and hold Owner harmless from third party liability during said construction. B. City shall promptly backfill any trench made by it, and repair any damages caused by the City within the Temporary Easement Area. City shall indemnify Owner against loss or damage which occurs as a result of the City's negligent acts or omissions in the exercise of its easement rights herein. Once the Temporary Easement Area has been restored to substantially its prior condition and except as expressly provided in this Temporary Easement Agreement, City shall have no further responsibility for maintaining the Temporary Easement Area. C. City shall have the right of ingress and egress to and from the Temporary Easement Area by such route within the Temporary Easement Area as shall occasion the least practical damage and inconvenience to Owner. D. City shall have the right to trim or remove all trees and brush which may interfere with the exercise of the City's rights pursuant to this Temporary Easement Agreement. 5. City covenants and agrees that existing driveways, fences, underground drainage tile or other site features which are removed or disturbed shall, to the extent reasonably possible, be replaced by City to conform with features or items removed during construction. City further agrees that all grassed areas disturbed by the construction shall be seeded within a reasonable time after construction is complete. 6. City covenants and agrees to remove and stockpile existing topsoil from areas to be excavated, to be used in the event of any repair. Following installation of the Improvements, all area within the Temporary Easement Area which is disturbed will be graded to form a uniform slope, and topsoil shall be replaced and respread over disturbed areas, thereby restoring said area substantially to its prior condition. 7. The provisions hereof shall inure to the benefit of and bind the successors and assigns of the respective parties hereto, shall be deemed a covenant which runs with the land and with the title to the land, and shall be recorded in the Johnson County Recorder's Office, at Owner's expense. (00261625) [REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK] w [SIGNATURE PAGE TO TEMPORARY CONSTRUCTION AGREEMENT] Dated this P? Gl day of November, 2018 DEVELOPMENT, INC. W. Moreland, Jr., President/fid Secretary STATE OF IOWA, COUNTY OF JOHNSON, ss: This instrument was acknowledged before me on this 21day of November, 2018, by John W. Moreland, Jr., President and Secretary of Arlington Development, In MICHAEL J PUGH Notary Public in aig fo a State of Iowa : "Commission Number 175282 My Commission Expires July 26, 2021 (00261625) I I & [SIGNATURE PAGE TO TEMPORARY CONSTRUCTION AGREEMENT] Dated this /8+� day of December, 2018 CITY OF IOWA CITY, IOWA By: n Im Throgmorton, Mayor (OW A�: By: ellie Fruehling, ity Clerk STATE OF IOWA, COUNTY OF JOHNSON) ss: On this 19 � day of December, 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. ✓alt% rotary Public in and for Wd State c~ � CHRISTINE OLNEY {00261625} 1euI Doc ID: 027326560025 Type: GEN Kind: ORDINANCE Recorded: 04/02/2019 at 09:45:35 AM Fee Amt: $147.00 Page 1 of 25 Johnson County Iowa Kim Painter County Recorder 13K5888 PG891-915 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.19-4781 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 12th day of March 2019, is a true and correct copy, all as the same appears of record in my office. Dated at Iowa City, Iowa, this 14th day of March 2019. Kellie K. Fruehling City Clerk \ord CORPORAIESEA[ dee, 5 I ko(oG Drawer 5-1 Folder 4=tp (4 -a -ICO 410 EAST WASHINGTON STREET • IOWA CITY, IOWA 52240-1826 a (319) 356-5000 • FAX (319) 356-5009 I c Prepared by: Ray Heitner, Associate Planner, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5238 (REZ18-00024) Ordinance No. 19-4781 An ordinance conditionally rezoning approximately 18.03 acres of property located east of South Gilbert Street and west of Sandusky Drive, from Interim Development Multifamily Residential (ID -RM) zone to Planned Development Overlay/Low Density Single Family Residential (OPD/RS-5) zone, Planned Development Overlay/Low Density Multifamily Residential (OPD/RM-12) zone, and Planned Development Overlay/Neighborhood Public (OPD/P-1) zone. (REZ18-00024) Whereas, the applicants, Bedrock LLC and the City of Iowa City, have requested a rezoning of property located east of South Gilbert Street and West of Sandusky Drive from Interim Development Multifamily Residential (ID -RM) zone to Planned Development Overlay/Low Density Single Family Residential (OPD/RS-5) zone, Planned Development Overlay/Low Density Multifamily Residential (OPD/RM-12) zone, and Planned Development Overlay/Neighborhood Public (OPD/P-1) zone; and Whereas, the applicants have also applied for approval of a preliminary sensitive areas development plan for the property described herein; and Whereas, in accordance with Iowa City Code Section 14-8D-7, approval of this planned development overlay rezoning constitutes approval of the submitted preliminary sensitive areas development plan; and Whereas, the Comprehensive Plan encourages development of neighborhoods with a mix of housing types to allow for housing options and indicates the area where the current property is located, west of the Pepperwood Subdivision, as suited for clustered units through an overlay planned development; and Whereas, the Planning and Zoning Commission has determined that, with appropriate conditions regarding substantial compliance with the preliminary plat, provision of additional details regarding private open space amenities, tree replacement and protection, roof drain and gutter orientation, and installation of a new sidewalk along the east side of S. Gilbert St., installation of curb ramps at a proposed future crosswalk on S. Gilbert St., and the installation of additional landscaping adjacent to property abutting the proposed fire station location; the requested zoning is consistent with the Comprehensive Plan; and Whereas, Iowa Code §414.5 (2019) 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, and acknowledges the need for approval of a final sensitive areas development plan in accordance with Iowa City Code Section 14 -8D -7D. Now, therefore, be it ordained by the City Council of the City of Iowa City, Iowa: IP G I Ordinance No. 19-4781 Page 2 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 to: a. Planned Development Overlay/Single-Family Residential (OPD/RS-5) zone: THAT PORTION OF AUDITOR'S PARCEL 2015101 IOWA CITY, IOWA IN ACCORDANCE WITH THE PLAT THEREOF RECORDED IN PLAT BOOK 60, AT PAGE 106, IN THE RECORDS OF THE JOHNSON COUNTY'S RECORDER'S OFFICE AS FOLLOWS: BEGINNING at the Southeast Corner of the Auditor's Parcel 2015101, in accordance with the Plat thereof recorded in Plat Book 60, at Page 106, in the records of the Johnson County Recorder's office; Thence S89'1 1'58"W, along the South line of said Auditor's Parcel, 520.60 feet; Thence N36'38'18"W, 173.52 feet; Thence N23'51'00"W, 125.81 feet; Thence N00'03'58"W, 74.90 feet; Thence Northeasterly 197.34 feet along a 500.00 foot radius curve, concave Northeasterly, whose 196.06 foot chord bears N78'37'37"E; Thence Northeasterly 329.97 feet along a 504.22 foot radius curve, concave Southeasterly, whose 324.12 foot chord bears N86'04'05"E; Thence Southeasterly 27.76 feet along a 475.00 foot radius curve, concave Northeasterly, whose 27.75 foot chord bears S76'51'30"E; Thence N1 1'28'04"E, 33.00 feet; Thence N07'29'36"E, 135.02 feet; Thence S87'38'02"E, 96.19 feet to the Northeast Corner of Auditor's Parcel 2015101; Thence S01'17'48"E, along the East line of said Auditor's Parcel, 538.89 feet to the POINT OF BEGINNING. Said Rezoning Parcel contains 5.80 Acres, and is subject to easements and restrictions of record. b. Planned Development Overlay/Low Density Multifamily Residential (OPD/RM-12) zone: THAT PORTION OF AUDITOR'S PARCEL 2015101 IOWA CITY, IA IN ACCORDANCE WITH THE PLAT THEREOF RECORDED IN PLAT BOOK 60, AT PAGE 106, IN THE RECORDS OF THE JOHNSON COUNTY'S RECORDER'S OFFICE AND A PORTION OF THE AUDITOR'S PARCEL, 2015102, IOWA CITY, IOWA IN ACCORDANCE WITH THE PLAT RECORDED IN PLAT BOOK 60, AT PAGE 106, IN THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE AS DESCRIBED AS: BEGINNING at the Northwest Corner of the Auditor's Parcel 2015102, in accordance with the Plat thereof recorded in Plat Book 60, at Page 106, in the records of the Johnson County Recorder's office; Thence Northeasterly, along the North line, 21.83 feet along a 1959.38 foot radius curve, concave Northwesterly, whose 21.83 foot chord bears N34'27'47"E to the Northern most point of said Auditor's Parcel; Thence S70'22'05"E, along the North line of said Auditor's Parcel, 110.06 feet; Thence S54'46'53"E, along said North line, 62.12 feet; Thence S39'30'08"E, along said North line, 246.13 feet; Thence N80'01'51"E, along said North line, 39.16 feet; Thence S86'34'51"E, 183.05 feet to the Northwest Comer of Auditor's Parcel 2015101, in accordance with the plat thereof recorded in Plat Book 60, at Page 106, in the Records of the Johnson County Recorder's Office; Thence S73'50'49"E, along the North line of said Auditor's Parcel, 341.55 feet; Thence S84'28'33"E, along said North line, 242.30 feet; Thence S81'39'26"E, along said North line, 98.13 feet; Thence 583'13'07"E, along said North line, 137.34 feet to the Northeast Corner of Said Auditor's Parcel 2015101; Thence N87'38'02"W, 96.19 feet; Thence S07'29'36"W, 135.02 feet; Thence S11'28'04"W, 33.00 feet; Thence Northwesterly 27.76 feet along a 475.00 foot radius curve, concave Northeasterly, whose 27.75 foot chord bears N76'51'30"W; Thence Southwesterly 329.97 feet along a 504.22 foot radius curve, concave Southeasterly, whose 324.12 foot chord bears S86'04'05"W; Thence Southwesterly 227.37 feet along a 500.00 foot 17 Ordinance No. 19-4781 Page 3 radius curve, concave Northwesterly, whose 225.42 foot chord bears S80'20'52"W; Thence Southwesterly 255.11 feet along a 500.00 foot radius curve, concave Southeasterly, whose 252.35 foot chord bears S78'45'29"W; Thence S64'08'29"W, 78.46 feet to a point on the West Line of Auditor's Parcel 2015102; Thence Northwesterly, along the West line of said Auditor's Parcel, 862.45 feet along a 5066.16 foot radius curve, concave Northeasterly, whose 861.41 foot chord bears N20'56'15"W, to the POINT OF BEGINNING. Said Rezoning Parcel contains 9.70 Acres, and is subject to easements and restrictions of record. and c. to Planned Development Overlay/Neighborhood Public (OPD/P-1) zone: THAT PORTION OF AUDITOR'S PARCEL 2015101 IOWA CITY, IA IN ACCORDANCE WITH THE PLAT THEREOF RECORDED IN PLAT BOOK 60, AT PAGE 106, IN THE RECORDS OF THE JOHNSON COUNTY'S RECORDER'S OFFICE AND A PORTION OF THE AUDITOR'S PARCEL, 2015102, IOWA CITY, IOWA IN ACCORDANCE WITH THE PLAT RECORDED IN PLAT BOOK 60, AT PAGE 106, IN THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE AS DESCRIBED AS BEGINNING at the Southeast Corner of Auditor's Parcel 2015102, in accordance with the Plat thereof recorded in Plat Book 60, at Page 106, in the records of the Johnson County Recorder's office; Thence Northwesterly, along the West line of the Auditor's Parcel, 288.51 feet along a 5066.16 foot radius curve, concave Northeasterly, whose 288.47 foot chord bears N27'26'46"W; Thence N64'08'29"E, 78.46 feet; Thence Northeasterly 255.11 feet along a 500.00 foot radius curve, concave Southeasterly, whose 252.35 foot curve bears N78'45'29"E, 74.90 feet; Thence S23'51'00"E, 125.81 feet; Thence S36'38'18"E, 173.52 feet to a point on the South line of Said Auditor's Parcel 2015101; Thence S89'1 1'58"W, along the said South line, 123.08 feet; Thence S88'13'48"W, along the said South line, 161.59 feet to the Southeast Corner of Auditor's Parcel 2015102; Thence 388'13'48"W, along the South line of said Auditor's Parcel 2015102, a distance of 85.14 feet to the POINT OF BEGINNING. Said Rezoning Parcel contains 2.53 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. 1 Ordinance No. 19-4781 Page 4 Passed and approved this 12th day of march 6 . JiPfA Throgmorton, May6r Attest: Kellie K. Pfuehling, CityJerk S7Z)L i-3o -/g City Attorneys Office 20 19, I Ordinance No. 19-4781 Page 5 It was moved by Thomas and seconded by Mims Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: x x x x x x ABSENT: x Cole Mims Salih Taylor Teague Thomas Throgmorton First Consideration 02/05/2019 Vote for passage: AYES: Taylor, Teague, Thomas, Throgmorton, Cole, Salih. NAYS: None. ABSENT: Mims. Second Consideration 02/19/2019 Vote for pas$.AYEageS. : Mims, Salih, Taylor, Teague, Thomas, Throgmorton, Cole. NAYS: None ABSENT: None Date published 03/21/2019 that the I Prepared by: Ray Heitner, Associate Planner, 410 E. Washington, Iowa City, IA 52240 (319) 356-5238 (REZ18- 00024) Conditional Zoning Agreement This agreement is made between the City of Iowa City, Iowa, a municipal corporation (hereinafter "City"), and Bedrock, LLC (hereinafter "Owner"): Whereas, Owner is the legal title holder of approximately 18.03 acres of property located on South Gilbert Street west of Sandusky Drive; and Whereas, the Owner has requested the rezoning of said property from Interim Development Multifamily Residential (ID -RM) zone to Planned Development Overlay/Low Density Single Family Residential (OPD/RS-5) zone on approximately 5.80 acres, Planned Development Overlay/Low Density Multifamily Residential (OPD/RM-12) zone on approximately 9.70 acres, and Planned Development Overlay/Neighborhood Public (OPD/P-1) zone on approximately 2.53 acres; and Whereas, the conditions established in this agreement address several public needs, including the provision of a variety of housing types, the inclusion of functional private open space, preservation and protection of sensitive environmental features, the mitigation of stormwater runoff onto adjacent properties, improving overall access by incorporating the installation of new sidewalks and crosswalk infrastructure; and the provision of significant landscaping and environmental buffers where needed to mitigate the transition between new and existing uses; and Whereas, Iowa Code §414.5 (2019) provides that the City of Iowa City may impose reasonable conditions on granting a rezoning request, over and above existing regulations, to satisfy public needs caused by the requested change; and Whereas, the Planning and Zoning Commission has determined that, with appropriate conditions regarding substantial compliance with the preliminary plat, provision of additional details regarding private open space amenities, tree replacement and protection, roof drain and gutter orientation, and installation of a new sidewalk along the east side of S. Gilbert St., installation of curb ramps at a proposed future crosswalk on S. Gilbert St., and the installation of additional landscaping adjacent to property abutting the proposed fire station location; the requested zoning is consistent with the Comprehensive Plan; and Whereas, the Owner acknowledges that certain conditions and restrictions are reasonable to ensure the development of the property is consistent with the Comprehensive Plan and the need for protection of sensitive natural features, managing stormwater, and accommodating multiple modes of transportation; and Whereas, the Owner agrees to develop this property in accordance with the terms and conditions of this Conditional Zoning Agreement, and acknowledges the need for approval of a final sensitive areas development plan in accordance with Iowa City Code Section 14 -8D -7D. NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties agree as follows: 1. Bedrock, LLC. is the legal title holder of the property legally described as follows: Ru -18-00024c .dm 1 1 AUDITOR'S PARCEL 2015101 IOWA CITY, IOWA IN ACCORDANCE WITH THE PLAT THEREOF RECORDED IN PLAT BOOK 60, AT PAGE 106, IN THE RECORDS OF THE JOHNSON COUNTY'S RECORDER'S OFFICE AND AUDITOR'S PARCEL, 2015102, IOWA CITY, IOWA IN ACCORDANCE WITH THE PLAT RECORDED IN PLAT BOOK 60, AT PAGE 106, IN THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE. 2. The Owner acknowledges that the City wishes to ensure conformance to the principles of the Comprehensive Plan. Further, the parties acknowledge that Iowa Code §414.5 (2019) provides that the City of Iowa City may impose reasonable conditions on granting an applicant's rezoning request, over and above the existing regulations, in order to satisfy public needs caused by the requested change. In consideration of the City's rezoning the subject property, Owner agrees that development of the subject property will conform to all other requirements of the zoning chapter, as well as the following conditions: a. Prior to issuance of a building permit, Owner shall obtain approval of a final plat in substantial conformance with the approved preliminary plat and preliminary sensitive areas development plan. The development shall substantially conform with the attached elevations for the multifamily residential building and the townhouse -style multifamily buildings. The final plat shall include details regarding the square footage and description of amenities for designated private open space on the multi -family lot. Owner shall execute a subdivider's agreement with the City that requires: I. Owner to design and obtain approval from the City Forester of a tree replacement and protection plan, detailing replacement trees throughout the development and plans to protect and preserve healthy and mature trees in or near the ravine from construction activity to the greatest possible extent; ii. roof drains for the single-family homes shall only drain toward the storm sewer drains on Toby Circle; iii. construction of a 5' sidewalk along the western frontage of South Gilbert Street, which shall include a curb ramp in a location designated by the Director of the Neighborhood and Development Services, or designee; and iv. dedication of a landscape easement along the southern property boundary in Lot 1, as designated on the preliminary plat. 4. The Owner and City acknowledge that the conditions contained herein are reasonable conditions to impose on the land under Iowa Code §414.5 (2019), 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. R�-I"0024- .d= 2 1 The parties further acknowledge that this agreement shall inure to the benefit of and bind all successors, representatives, and assigns of the parties. The Owner acknowledge(s) that nothing in this Conditional Zoning Agreement shall be construed to relieve the Owner or Applicant from complying with all other applicable local, state, and federal regulations. 8. The parties agree that this Conditional Zoning Agreement shall be incorporated by reference into the ordinance rezoning the subject property, and that upon adoption and publication of the ordinance, this agreement shall be recorded in the Johnson County Recorder's Office at the Applicant's expense. Dated this 12th day of March 201g. City of Iowa City Bedrock, Bedrock, L.L.0;g� (a � LL'k— JIM,/�� f , Throgmorton, Mayr By: Attest: C Kel ie K. Fruehlin , City Clerk Approved ��yt� by (izl City Attorney's Office City Of Iowa City Acknowledgement: STATE OF IOWA ) ) ss: JOHNSON COUNTY ) 11'11 1 ■ ■ This instrument was acknowledged before me on 20(7 by Jim Throgmorton (put in name of current Mayor) and Kellie K. Fruehling (put in name of current City Clerk) as Mayor and City Clerk, respectively, of the City of Iowa City. �nDu t10�2 O Wq i��GG�[fi otary Public in and for th tate of Iowa (Stamp or Seal) RW-iamozaa, coo 3 1 Title (and Rank) Bedrock LLC, Acknowledgment: State of 1 ow Q - County of f in Snv This record was acknowledged before me on oZ- , —I C7 (Date) byinCiYCUJ %v_i!ei L�fPri-� (Name(s) of individual(s)) as J:7�,SidPg.f (type of authority, such as officer or trustee) of Bedrock, L.L.C.. in and for We State of Iowa (Stamp or Sea]) Title (and Rank) My commission expires: Ru-lUO024�.mo 4 1 u;IIIIIIIIIIIG �� ���llllllllli!'�IIIIIIIIII, �� � IIIIIIILn��I llllllll 'I- I' IUu mom! ■ �`�Illllllllllllillllllll� rm nos mini iwiun nuu Illlllll�pm llllllll �_ .■i loom: :�;Illllllfuun IIIIIIIIi uiioin nuu ', Illlllll�ulll IIIIIIII' ■:: %: € ■H ■:: Illllllliiml llllllll iuoiiu l iuiu :;.IIIIIIIIIIIIIIIIIIIIII . i' ■:: ■:: 'I: 0 on In `, Illllllfiumllllllll`. �� on ' uumui uuw� iumuu `mw , �!Illlllllpuu llllllll =: ■::I ■:: �Illllllliillii IIIIIIII `� I ... 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Concept scale: 1/16" = V-0" FUS1w-'►N ARCHITECTS, INC. 04/09/2018 R Side Elevation Cherry Ave Development FUS14-�N ARCHITECTS, INC. 11/27/2018 7- Cherry Ave Development FUSlw-�)N ARCHITECTS. INC. 11/27/2018 Cherry Ave Development FUSlw-,N ARCHITECTS. INC. 11/27/2018 V - Cherry Ave Development FUSION ARCHITECTS. INC. 11/27/2018 Doc ID: 027332110009 Type: GEN Kind: ORDINANCE Recorded: 04/08/2019 at 12:45:10 PM Fee Amt: $47.00 Pape 1 of 9 Johnson County Iowa Kim Painter County Recorder BK5890 PG969-977 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. 19-4785 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 2nd day of April 2019, is a true and correct copy, all as the same appears of record in my office. Dated at Iowa City, Iowa, this 5th day of April 2019. Kell a K. Fruehling City Clerk a,it lir, \ord CORPOR�� ESEP�I 410 EAST WASHINGTON STREET • IOWA CITY, IOWA 52240-1826 • (319) 356-5000 • FAX (319) 356-5009 I Prepared by: Jesi Lile, Associate Planner, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5240 (REZ18- 00025) Ordinance No. 19-4785 An ordinance conditionally rezoning approximately 0.155 acres of property located at 2130 Muscatine Avenue, from Community Commercial (CC -2) to High Density Single -Family Residential (RS - 12). (REZ18-00025) Whereas, the applicant, Anderson Construction, LLC, has requested a rezoning of property located at 2130 Muscatine Avenue from Community Commercial (CC -2) to High Density Single -Family Residential (RS - 12); and Whereas, the Comprehensive Plan indicates that appropriate infill development that is compatible and complementary to the neighborhood is desirable, and that there should be transitions between high- and low- density development as well as transitions between commercial and residential areas; and Whereas, staff finds that the proposed rezoning complies with the Comprehensive Plan provided that it meets a condition regarding the need for the installation of a 5 -foot sidewalk along the Muscatine Avenue and 2nd Avenue frontages; and Whereas, the Planning and Zoning Commission has recommended denial due to concerns regarding compatibility with the neighborhood; and Whereas, Iowa Code §414.5 (2019) 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 condition in this agreement addresses a public need, specifically pedestrian connectivity through pedestrian infrastructure improvements; 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) to High Density Single -Family Residential (RS -12): EAST IOWA CrFY S 75' LOT 8 & E 10' OF S 75' LOT 7 BLK 15 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. 11,G q Ordinance No. i g-47,95 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 2nd day of April 20 19 nppwveu;uy,,: 'o-A`vagi wzzd 41-- ,-ek City Attorneys Office a ' J Ordinance No. 19-4785 Page 3 It was moved by Mims and seconded by Thomas Ordinance as read be adopted, and upon roll call there were: AYES: x NAYS: ABSENT: Cole Mims Salih Taylor Teague Thomas Throgmorton First Consideration 03/12/2019 Voteforpassage: AYES: Teague, Thomas, Throgmorton, Cole, Mims, Taylor. NAYS: None. ABSENT: Salih. Second Consideration _ Vote for passage: Date published 04 /11/2019 that the Moved by Mims, seconded by Taylor, that the rule requiring ordinances to be considered and votes 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: Salih, Taylor, Teague, Thomas, Throgmorton, Cole, Mims. NAYS: None. ABSENT: None. q Prepared by: Jesi Lile, Associate Planner, 410 E. Washington, Iowa City, IA 52240 (319) 356-5240 (REZ18-00025) Conditional Zoning Agreement This agreement is made between the City of Iowa City, Iowa, a municipal corporation (hereinafter "City"), University of Iowa Community Credit Union (hereinafter "Owner"), and Anderson Construction, LLC (hereinafter "Applicant"). Whereas, Owner is the legal title holder of approximately 0. 155 acres of property located at 2130 Muscatine Avenue; and Whereas, the Applicant has requested the rezoning of said property from community Commercial (CC -2) to High Density Single -Family Residential (RS -12); and Whereas, the Planning and Zoning Commission has recommended denial; and Whereas, Iowa Code §414.5 (2019) provides that the City of Iowa City may impose reasonable conditions on granting a rezoning request, over and above existing regulations to satisfy public needs caused by the requested change; and Whereas; the condition in this agreement addresses a public need, specifically increased pedestrian connectivity through pedestrian infrastructure improvements; and Whereas, the Owner & Applicant acknowledge that certain conditions and restrictions are reasonable to ensure the development of the property is consistent with the Comprehensive Plan and the need to accommodate pedestrian/bikeway connections; and Whereas, the Applicant agrees to develop this property in accordance with the terms and conditions of a Conditional Zoning Agreement. Now, therefore, in consideration of the mutual promises contained herein, the parties agree as follows: The University of Iowa Community Credit Union is the legal title holder of the property legally described as: EAST IOWA CITY S 75' LOT 8 & E 10' OF S 75' LOT 7 BILK 15 2. The Owner acknowledges that the City wishes to ensure conformance to the principles of the Comprehensive Plan and the Central District Plan. Further, the parties acknowledge that Iowa Code §414.5 (2019) 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. Prior to the issuance of a certificate of occupancy, 5 -foot wide sidewalks along the Muscatine Avenue and 2n1 Avenue frontages shall be installed. ppdadMagtldMft=.dw 1 q 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 (2019), 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 � day of e32 f 1 1 20) q City of Iowa City Attest: s;.. W I M V I 1 Kell a Fiueliling, Cit Clerk Approved by: City Attorney's Office ppdadnJagYdraR ¢a.doc 2 Q 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 (2019), 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 day of City of Iowa City, Jim Throgmorton, Attest: Kellie Fruehling, Approved by: Office ppdadMagUdmft cza-ceo eppmvee Eoc L 20 University of Iowa Community Credit Union Anderson Construction, LLC 0 City Of Iowa City Acknowledgement: State of Iowa ) ) ss: Johnson County ) This instrument was acknowledged before me on C2 MTI 20 (9 by Jim Throgmorton and Kellie Fruehling as Mayor and City Clerk, respectively, of the City of Iowa City. CHRISTINE OLNEY - C Commission Number 808232 iOwt My Commission Expires n a-�� Not- ary P�&e � d for tq0tate of Iowa (Stamp or Seal) Title (and Rank) Anderson Construction, LLC Acknowledgment: State of �A County of 'ahr)SM This record was acknowledged before me on It 2019 by 2P4 Ayide(b-IA (Name(s) of individual() as (type of authority) of i7lt (name of party on behalf of whom record was executed). CHRISTINE CAMPBELL Notary Public in and for the Stat of IOWA r° Commission Number 722943 My Commission Ex fires ow (Stamp or Seal) Title (and Rank) My commission expires: ( 12017001 ppdacmdagWran cza-c oappooveddoe 3 University of Iowa Community Credit Union, Inc. Acknowledgement: State of Iowa ) ) ss: Johnson County ) This instrument was acknowledged before me on UarLA 20jq by Dinbra HancLuS s Viet PreidewA' of University of Iowa Community Pk ayir Y u or\ Credit Union, Inc. n.0 .4 n n / / and for said C6unty and State ,+ to, MOLLY LAUREL SHARKEY ? T.Commission Number 806204 (Stamp or Seal) My Commission Expires September t, 202 Title (and Rank) ppdatlm/agUdmft cra-cao appmaed.dac 4 Q v Prepared by Jesi Lile, Associate Planner, 410 E. Washington, Iowa City, IA 52240; 319/356-5230 DECISION MAY 09 2019 IOWA CITY BOARD OF ADJUSTMENT WEDNESDAY, April 10, 2019 City Clerk EMMA J. HARVAT HALL Iowa City, Iowa MEMBERS PRESENT: Connie Goeb, Ryan Hall, Ernie Cox, Zephan Hazell, Amy Pretorius MEMBERS ABSENT: None. STAFF PRESENT: Sue Dulek, Jesi Lile OTHERS PRESENT: Doug Fern, Dan Broffitt SPECIAL EXCEPTION ITEMS: 1. EXC19-01: A public hearing regarding a special exception application submitted by Faith Academy to allow for an expansion of a school operating under a previously granted special exception in a Community Commercial (CC -2) zone located at 1030 Cross Park Avenue. The Board concludes that the use will be functionally compatible with surrounding uses and will not inhibit retail and service uses for which the zone is primarily intended based on the following findings: Parkview Church purchased 58,420 square feet of building space, most of which will remain retail and service uses. The school entrance is located away from the commercial area of the building. This use will serve to stabilize an area with a high turnover in retail. The Board concludes that the use provides sufficient drop off/pick up areas that are convenient to the facility entrance with good pedestrian access, and that the drop off/ pick up area contains sufficient stacking and parking spaces based on the following findings: • About half the students are picked up by van and do not interfere with the parent drop off area. • The parking and stacking area can hold 12-15 vehicles at one time. • There is a safety coordinator that manages drop offs/pickups. • The school entrance is in a low traffic area. The Board concludes that the site is designed to promote safe and convenient pedestrian, bicycle, and vehicular circulation to the school according to the City's "Pedestrian, Bicycle, and Vehicular Circulation" standards based on the following findings: • The school has installed sidewalks on both sides of the play area that provide a connection to Cross Park Avenue. • The bicycle parking has previously been approved by a Building Inspector. • The vehicular circulation patterns will not change. Fee • Applicant is able to satisfy all parking requirements. IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Doc ID: 027358570002 Type: GEN Kind: DECISION Recorded: 05/10/2019 at 10:01:40 AM Fee Amt: $17.00 Pape 1 of PJ Johnson county Iowa Kim Painter County Recorder BK5901 PG236-237-K 0 The Board concludes that the specific proposed exception will not be detrimental to the public health, safety, comfort, or general welfare based on the lack of reported health issues in the past and the steps the school has made to support safe pedestrian and vehicle circulation. The Board concludes that the specific exception will not be injurious to the use and enjoyment of other property in the immediate vicinity and will not diminish property values in the neighborhood based on the following findings: Faith Academy primarily serves students and families in the surrounding neighborhood. The school has limited enrollment capacity and hours of operation that do not conflict with peak commercial times. Typically places of worship and schools are seen as amenities in a neighborhood and do not negatively impact property values. The Board concludes that the establishment of the proposed exception will not impede the normally and orderly development and improvement of surrounding property based on the following findings: Faith Academy has been established in this area since 2013 without impeding development. There is viable commercial space in the front part of the building. The school entrance is on the south side of the building, separate from the commercial area. The Board concludes that all utilities, access roads, and necessary facilities are already provided as part of the commercial site development and have not been impacted by Faith Academy in the past. The Board concludes that adequate measures have been taken to provide ingress and egress designed to minimize traffic congestion based on the following findings: The academy is located in a low -traffic area facing a residential zone. The safe and established circulation patterns will not change with the proposed expansion. Since the number of students will remain the same, the established ingress and egress patterns do not need to be modified. Because there will be no new changes in use from the previously granted special exception and no expansion of the maximum enrollment previously approved, the Board concludes that except for the specific regulations and standards applicable to the exception being considered, the proposed exception conforms to other regulations and standards of the CC - 2 zone. The Board concludes that the exception will be consistent with the Comprehensive Plan because both the South District Plan and Comprehensive Plan call for neighborhood schools as integral to healthy & sustainable neighborhoods. 1 DISPOSITON: by a vote of 5-0, the Board approved a special exception allowing the expansion of a General Education Facility for approximately 1,300 square feet in the Community Commercial (CC -2) zone, subject to the following conditions: • An enrollment of more than 105 students or an addition of more than 500 square feet of floor area will be considered an expansion of use that requires a new special exception. • Maintenance of the sidewalk connection along the east side of the playground to the school entrance, which was a condition of the 2014 special exception. 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 application 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 -*C - 1E, City of Iowa City, Iowa. Connie Goeb, Chairperson STATE OF IOWA JOHNSON COUNTY MAY 0 9 2019 City Clerk Iowa City, Iowa 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 10th day of April, 2019, as the same appears of record in my Office. Dated at Iowa City, this `7441- day of n 20 1 01 V Kellie K. Fruehling, Ci Clerk (OPOM11SEAL W w Prepared by Jest Lile, Associate Planner, 410 E. Washington, Iowa City, IA 52240; 319/356-5230 DECISION IOWA CITY BOARD OF ADJUSTMENT WEDNESDAY, May 8, 2019 EMMA J. HARVAT HALL MEMBERS PRESENT: Connie Goeb, Ryan Hall, MEMBERS ABSENT: None. STAFF PRESENT: Sue Dulek, Jesi Lile OTHERS PRESENT: Tim Waldron SPECIAL EXCEPTION ITEMS: I lulu VIII W VIII VIII VIII VIII VIII VIII VIII VIII VIII VIII VIII IIII IIII Doc ID: 027375790004 Type: GEN Kind: DECISION Recorded: 05/30/2019 at 10:57:34 AM Fee Amt: $22.00 Page 1 of 4 Johnson County Iowa Kim Painter County Recorder BK5908 PG339-342 N Ernie Cox, Zephan Hazell, Amy Pr6fbrius 1. EXC19-04: A public hearing regarding a special exception application submitted by Faith Baptist Church to allow for an approximately 2,600 square foot addition onto the existing church located in a Medium Density Single Family Residential (RS -8) zone with a Planned Development Overlay (OPD) at 1251 Village Road. The Board concludes that all setbacks (Front: twenty feet, Side: twenty feet, Rear: fifty feet) are met by the existing and proposed building addition. The Board concludes that the use is compatible with adjacent uses based on the following findings: • The current use will not change with the proposed addition • The applicant is not expecting new membership with the proposed addition and is adding classroom space. • The maximum occupancy of the main auditorium will not change (292 people). • The proposed addition includes paving part of the gravel parking lot and landscaping improvements. • The building scale will be larger, but the additional required landscaping will reduce the impacts of the building scale. The Board concludes that the parking lot will not erode the single-family residential character of the zone based on the following findings: The proposed addition and parking improvements will add eight additional parking spots but not increase the parking area. The required parking for Religious Group Assembly Use is 1/61n the occupant capacity of the main auditorium (292 people), making the minimum parking spots required 49. The applicant proposes 67 vehicle parking spots and 4 bicycle parking spots. The applicant proposes paving the south part of the parking lot and bringing it up to City standards in terms of landscaping & screening at 10% of the cost of the proposed addition. This will provide eight regular and 3 ADA compliant parking spaces. 10 � <� CD n rt t O h CA 0 cn 1. EXC19-04: A public hearing regarding a special exception application submitted by Faith Baptist Church to allow for an approximately 2,600 square foot addition onto the existing church located in a Medium Density Single Family Residential (RS -8) zone with a Planned Development Overlay (OPD) at 1251 Village Road. The Board concludes that all setbacks (Front: twenty feet, Side: twenty feet, Rear: fifty feet) are met by the existing and proposed building addition. The Board concludes that the use is compatible with adjacent uses based on the following findings: • The current use will not change with the proposed addition • The applicant is not expecting new membership with the proposed addition and is adding classroom space. • The maximum occupancy of the main auditorium will not change (292 people). • The proposed addition includes paving part of the gravel parking lot and landscaping improvements. • The building scale will be larger, but the additional required landscaping will reduce the impacts of the building scale. The Board concludes that the parking lot will not erode the single-family residential character of the zone based on the following findings: The proposed addition and parking improvements will add eight additional parking spots but not increase the parking area. The required parking for Religious Group Assembly Use is 1/61n the occupant capacity of the main auditorium (292 people), making the minimum parking spots required 49. The applicant proposes 67 vehicle parking spots and 4 bicycle parking spots. The applicant proposes paving the south part of the parking lot and bringing it up to City standards in terms of landscaping & screening at 10% of the cost of the proposed addition. This will provide eight regular and 3 ADA compliant parking spaces. 10 The Board concludes that the proposed exception will not have significant adverse effects on the livability of nearby residential uses due to noise, light, late night operations, odors, or litter due to the following findings: • Faith Baptist has limited hours of operation (Sunday services throughout the day and Wednesday evening services). • Most events take place indoors. • The proposed addition will not alter the amount of noise, lights, hours of operation, odor, and litter form the site. The Board concludes that the building official may not grant approval for this addition through the minor modification process because the proposed addition is more than 500 square feet. The Board concludes that the proposed addition must comply with the multi -family site development standards due to its location in a residential zone, and that these standards will be verified by staff during the site plan review process. The Board concludes that the proposed exception will not be detrimental to or endanger the public health, safety, comfort, or general welfare due to the following findings: The church has operated at this location since the early 1970's with no reported health, safety, or welfare issues. The proposed expansion will not change the function or status of the site. The proposed addition will address the needs of elderly populations and others with mobility issues with the addition of an elevator. The Board concludes that the proposed exception will not be injurious to the use and enjoyment of other property in the immediate vicinity and will not substantially diminish or impair property values in the neighborhood due to the following findings: The expansion will not change the use or enjoyment of other property in the neighborhood, nor will it diminish property values because the use and function will remain the same. The only visible changes will be the roofline, south entrance, and part of the parking lot. The parking lot improvements will make this property more code compliant. The applicant is required to meet the S3 screening standards of the Code where abutting residential properties in the area with the proposed site changes. The Board concludes that the establishment of the proposed exception will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the Medium Density Single Family Residential district due to the following findings: d y, • All adjoining properties are fully developed. 9 • Any proposed improvements to adjoin properties will not be impactO this, ,-.. expansion as it does not require any setback reductions. =jn _ r xP �g d o oo C C:) cn �0 The Board concludes that adequate utilities, access roads, drainage and other necessary facilities are or will be provided based on the following findings: • The property is currently serviced with adequate utilities and roads, and the proposed addition will not alter that. • The proposed site improvements will address drainage issues on the south side of the property. • The proposed paving of the parking area will increase impervious surface area, but the applicant is proposing a conveyance to run stormwater to the east and discharge it into the street to be collected, rather than flow onto the properties to the south. • The exception is conditioned on compliance with the stormwater management infrastructure shown on the 1/9/19 site plan or another design approved by the Director of Public Works or a designee. The Board concludes that adequate measures have been taken to provide ingress and egress designed to minimize traffic congestion based on the following findings: • The church currently operates with two driveways accessing Village Road on either side of the parking lot with no proposed changes. • There is not an anticipated increase in traffic. The Board finds that except for the specific regulations and standards applicable to the exception being considered, the proposed exception conforms to other regulations and standards of the OPD RS -8 zone based on the following findings: • The proposed exception conforms to all setbacks. • The current parking lot has adequate space for present use, and the addition will add new spaces without increasing the allowed maximum capacity of the main auditorium. • The proposed site improvements must comply with parking and landscaping requirements. The Board finds that the exception will be consistent with the Comprehensive Plan because it calls for neighborhood stability and allows for religious institutional uses in any zoning district through the special exception process. DISPOSITON: by a vote of 5-0, the Board approved a special exception allowing the expansion of a Religious Assembly Use in a Medium Density Single Family Residential (RS -8) zone with a Planned Development Overlay (OPD) to build an approximately 2,600 square foot addition on the existing building in order to add additional classrooms, restrooms, and an elevator with the following condition: The applicant shall install stormwater management infrastructure as shown on the major site plan dated January 9, 2019 or equivalent infrastructure subject to review and approval by the Director of Public Works or a designee. C7 G N 00 - ` B r-1 Ys co 8 6 CD co > O Cn HI 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 application 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 -*C- 1 E, City of Iowa City, Iowa. Connie Goeb, Chairperson STATE OF IOWA JOHNSON COUNTY Approved> by: 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 8`" day of May, 2019, as the same appears of record in my Office. Dated at Iowa City, this day of IryLCLtA 120-10( Kell'e K. Fruehling, C' y Clerk COPPOMIESN 10 ::� C—) :< CO +te e tl o 4 % co CD CTI 10 FIIIee pp pp Doc ID. 027302B70041 Type GEN Kind: SUBDIVISION Recorded: at 04:05:19 PM 41 w-�®� t 207.002019 Fee Amt: $207.00 Page 1 of Johnson county r t>:III IN ;� , /Inona '] BK5911 PG318! 1 CITYIOWA CITY 410 East Washington Street Iowa City. Iowa 52240-1826 (319) 356-5000 09 FAX STATE OF IOWA ) www. gov.or www.icgov.org rg ) 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. 19-84, which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 2nd day of April 2019, all as the same appears of record in my office. Also attached are the final legal documents for Tegler Second Subdivision, Iowa City, Iowa. Dated at Iowa City, Iowa, this S+�day of FLI(—n 2019. G7Y SE��.. ?' 000no S/ 4KelliFruehling City Clerk td�M1d'� CFA��' subdivision IOV'Ji`S btt 600 �Op �' to - ';, nasa•st tnt tro CORPORATE SERI •0 1,C' Prepared by: Jesi Lile, Associate Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5240 (SUB19-01) Resolution No. 19-84 Resolution Approving Final Plat Of Tegler Second Subdivision, Iowa City, Iowa. Whereas, the owners, Plymouth Housing Partners, LLC, filed with the City Clerk the final plat of Tegler Second Subdivision, Iowa City, Iowa, Johnson County, Iowa; and Whereas, said subdivision is located on the following -described real estate in Iowa City, Johnson County, Iowa, to wit: Lot 1, Tegler Subdivision, Johnson County, Iowa, according to the plat thereof recorded in Plat Book 25, Page 42, Plat Records of Johnson County, Iowa, excepting therefrom that portion thereof condemned for highway purposes by Johnson County Iowa, by Condemnation proceeding recorded in Book 997, Page 349, and in Book 1007, Page 370, 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 (2019) 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 2nd day of April , 2019. G Ma or Approved by Attest: ity Clerk City Attorney's Office 3/!0 If `1 Resolution No. 14-84 Page 2 It was moved by salih adopted, and upon roll call there were: Ayes: pcdnemplaleslResolWDn inal.dw.dw and seconded by Nays: Mims Absent: the Resolution be Teague Cole Mims Salih Taylor Thomas Throgmorton Document Prepared By: James D. Houghton #2472,216 Stevens Drive, P.O. Box 1147, Iowa City, Iowa, 52244 — (319) 341-0641 Return Document to: James D. Hou¢hton, POB 1147, Iowa City, IA 52244-1147 SUBDIVIDER'S AGREEMENT TEGLER SECOND SUBDIVISION IOWA CITY, IOWA THIS AGREEMENT, is made and entered into between Plymouth Housing Partners, LLC, a Minnesota limited liability company, hereinafter called "Owner", and the City of Iowa City, Iowa, a municipal corporation, hereinafter called "City". Owner is the owner and developer of Tegler Second Subdivision, a Resubdivision of Lot I Tegler Subdivision, Iowa City, Iowa. The Owner acknowledges that this Subdivision is made with its free consent and knowledge in accordance with its desires. WITNESSETH: Section 1. Public Improvements. In consideration of the City approving the final plat of the subdivision to be known as Tegler Second Subdivision, a Resubdivision of Lot I Tegler Subdivision, Iowa City, Iowa hereinafter the "Subdivision", the Owner agrees as a covenant running with the land, except as provided in this Agreement, subject to Section 5, the City shall not issue a building permit for any lots in said subdivision unless and until Owner installs and the City accepts the following improvements: (a) Water mains, sanitary sewers and storm sewers. (b) Paving at least 26 feet in width on Nex Avenue. (c) The temporary turn around for Nex Avenue. (d) Curb ramps on both sides of Nex Avenue and eight -foot (8.0') wide sidewalk to replace the existing sidewalk on the south side of Rochester Avenue that will be removed to construct Nex Avenue. (e) Subdivision erosion control measures as required by the City under its ordinances. The paving, storm sewers, sanitary sewers, water mains, , turn -around and sidewalks are hereinafter referred to as "Improvements". [1] 1k Nothing in this Agreement shall be construed to impose a requirement on the City to install the original improvements at issue herein. Nor shall the Owner be deemed acting as the City's agent during the original construction and installation of said Improvements. The Parties agree that the obligation to install the Improvements herein shall be in accordance with City specifications, and the obligation shall remain on the Owner until completion by the Owner and until acceptance by the City, as provided by law. Section 2. Storm Water Management Facilities. In consideration of the City approving the Subdivision, the Owner agrees as a covenant running with the land that, except as provided in this Agreement and subject to Section 5, the City need not issue a building permit for Lot 1 until the Storm Water Management Facilities on Lot 1 and Outlot A ("Facilities"), including the site work incident thereto and the associated storm sewers, the easements for which are shown on the Final Plat filed herewith, have been installed by the Owner. Owner agrees that the duty to maintain the Facilities shall remain on the present owner of the Facilities, and their successors and assigns in interest, including a not for profit owners association formed in part for that purpose. Said maintenance shall comply with the City's Storm Water Management Ordinance, Title 16, Chapter 3, Article G, as amended. At the time Lot 2 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 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 Lot 2unless and until the facility serving this lot has been installed. 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 Owner according to the plans and specifications approved by the City Engineer of the City of Iowa City, who shall have the right to make occasional inspection of the work in progress. Such inspections shall not relieve or release the Owner from its responsibility to construct said Improvements and Facilities and in accordance with the approved plans and specifications. Further, said inspections shall not create a duty or warranty on the part of the City that the construction of said Improvements and Facilities are in compliance with said plans and specifications. Section 4. Sidewalks. The Owner agrees to install sidewalks at least five (5) feet in width abutting each of the lots in said subdivision along Nex Avenue 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, or its successor(s), shall install the sidewalk abutting lots 1 and 2 in the Subdivision when each such lot is developed, prior to the issuance of an occupancy permit for said lot. Section 5. Building Permits and Escrow Monies. In the event the Owner its assigns or successors in interest should desire a building permit on any lot in said Subdivision before the Improvements and Facilities, have been installed, the Owner and the Subdivider, its assigns or successors in interest, shall deposit with the City Finance Department, in [21 1 escrow, an amount equal to 110% of the estimated cost of said Improvements and Facilities as determined by the City Engineer (hereinafter "Improvements Escrow"). In order to obtain a building permit 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 Subdivider any amount not used by the City. 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 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, its assigns or successors in interest, to construct and install the Improvements, Facilities, and sidewalks as required by this Agreement. Section 7. Use of Escrow Monies. If, after the issuance of any occupancy permit, the Improvements and Facilities have not been constructed and installed, the City may use funds deposited it in the Improvements Escrow to construct and install such Improvements and Facilities. If the cost of the construction and installation of said Improvements and Facilities exceeds the amount of said escrow, the City shall have a line and charge against all the lots in the Subdivision for the balance of the cost. [31 After the construction and installation of the Improvements and Facilities, the City shall refund to the Owner any Improvements and Facility Escrow monies not used by the City for the construction and installation of such improvements. Section 8. Waiver. If the Owner and the Subdivider sell or convey lots in said Subdivision without constructing or installing the Improvements in Section 1 and Facilities in Section 2; or the Owner fails to install and/or repair sidewalks required in Section 4 hereof, the City shall have the right to install and construct said Improvements, Facilities, and/or repair sidewalks. Owner acknowledges and agrees that Lot 1 and Lot 2 in the Subdivision are specifically benefitted by the Improvements and Facilities so that the cost of the installation shall be a lien and charge against Lots 1 and 2 in the Subdivision. The cost of Improvements and Facilities need not meet the requirements of notice, benefit or value as provided by the law of the State of Iowa for assessing such improvements. The cost of installing/repairing the sidewalks shall be 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 Facilities and install and/or repair sidewalks shall remain a lien against Lots 1 and 2 in the Subdivision from the date of this Agreement until properly released, as hereinafter provided. Section 9. Release. That City agrees that when the Improvements and Facilities have been installed as required to the reasonable satisfaction of the City, the City will, upon request, promptly issue to the Owner, for recording in the Office of the Johnson County Recorder, a good and sufficient release 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 release 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 in this section. This section also authorized 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. Stormwater Detention Facility Release. With respect to the Owner's obligation to construct the Storm Water Management Facilities in connection with the Final Plat, the City agrees to provide a partial release from any liens or clouds on title to the Subdivision by reason of such storm water management obligations, provided the City Engineer certifies that the following conditions and/or events have occurred: 1) The facilities have been substantially completed on those portions of the development to be released. 2) An escrow account has been established with the City in an amount not less than $5,000 per basin to which the City's lien should attach immediately upon execution or recording of the partial release. 3) Ground cover is established and mowable so that upland area is stable and surface erosion is mitigated. The City agrees to issue a total release for the facilities upon certification by the City Engineer, in writing, that all of the following events and/or conditions have been satisfactorily completed: [41 (a) Permanent ground cover is established and mowable. (b) Erosion and sedimentation are controlled in conformance with the approve plans and specifications. (c) The Facilities are complete. (d) All land within the tributary area in the development has been developed. (e) A topographic survey has been performed and it has been verified by a licensed engineer that the detention basins have the required storage capacity. Section 11. Street Maintenance and Public Services. Owner and Subdivider agrees that public services, including but not limited to street maintenance, traffic control, and snow removal, will not be extended to the Subdivision until the paved streets are installed and accepted by the City. Section 12. Long Term Maintenance of Facilities. The obligation to perform the maintenance of the Facilities may pass to the homeowners association to be established, the Tegler Homeowners Association, an Iowa non-profit corporation ("Association"), which Association shall have, in perpetuity, the obligation to perform the maintenance obligations described in this section, assessing the costs of such maintenance to the owners of all of the lots having membership in the Association in the manner provided in the Articles of Incorporation and Bylaws of the Association. If the Owner, or its successor, the Association, fails to perform any of the duties described in this Section, the City may, but is not required to, cause to be performed the omitted duties, and assess the cost to the individual lot owners within the Subdivision. The Owner, or successor Association, shall at its expense, provide for inspection and monitoring of the Facilities to identify and correct any conditions which would jeopardize the operation of the regulated area as a functioning Facility according to the best practices as are established, from time to time, by the relevant professional associations. Section 13. Conditional Zoning Agreement. Owner acknowledges that it is bound by the terms and conditions contained in the Conditional Zoning Agreement 18-4773 recorded December 7, 2018, in Book 5861, Pages 638-648, miscellaneous records of the Johnson County Recorder. Section 14. Neighborhood Open Space. Owner, or its successor, also agrees to pay the City $45,896 for Lot 1 and $50,679 for Lot 2 in lieu of dedicating 0.40 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 said lots within the Subdivision. This fee shall be deposited and administrated according to Section 14- 5K-6 of the Iowa City Code of Ordinances. Section 15. Miscellaneous. [5] (a) All electrical, telephone and cable television service and distribution lines shall be installed underground. (b) Owner shall install and maintain landscaping in accordance with a detailed landscaping plan that buffers noise and wind from Rochester Avenue approved by the City Forester, attached hereto. (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 covenants, 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, or it successor, has paid a water main extension fee in the amount of $2,512.13 ($456.75 per acre multiplied by 5.50 acres) to the City pursuant to City Code. The fee for the 3.06 -acre Outlet A shall be collected at the time said outlot is platted for development. (e) The City shall not issue a building permit for any lot in the Subdivision until such time as the Owner, or it successor, has paid a sanitary sewer tap -on fee in the amount of $5,710.43 ($1,038.26 per acre multiplied by 5.50 acres) to the City pursuant to the City Code. The fee for the 3.06 -acre Outlet A shall be collected at the time said outlot is platted for development. (f) Lots 1 and 2 shall have no direct vehicular access to Rochester Avenue. All vehicular access shall be by Nex Avenue. (g) Outlet "A" is hereby reserved for future development. Section 16. 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 TO FOLLOW) [6) DATED as of this 2y of /mil 12019. Plymouth Housing Partne s, LLC, Owner y' — helen Secretary/Treasurer CITY: 4�" '/ -/6t— By: J nes Throgmorton, Ma r Approved by: ATTEST: Kellie Fruehling, C ty Clerk 6 STATE OF IOWA, COUNTY OF JOHNSON) ss: Q This instrument was acknowledged before me on this v'" day of ���� 2019, by James Throgmorto s Ma or and City Clerk esspeecctivveely, of he City of Iowa City. e s CHRISTINE OLNEY C%/`'// _ � Commission Numb_ er 806232 .� M Commiio Expires ou'n oC Notary Public In and Fppffie State of Iowa STATE OF Mj)?ja eLW6t COUNTY OF �4&UIIS ) ss: This instrument was acknowledged before me on this 34day of JLi LY 2019, by Jamie J. Thelen as Secretary/Treasurer of Plymouth Housing Partners, LLC. Public In and MICHELLE ROSE WENDEL NOTARY PUBLIC-MINWESOTA My Comm. Exp. Jan_31 2027 [71 State of jfglf9r!/to LOT 1, TEGLER SECOND SUBDIVISION IOWA CT', IOWA LOTI, .r.�RMD w IMIM oa- N\ 5 Document Prepared By: lames D. Houghton, 568 Highway 1 West, Iowa City, Iowa, 52246 — (319) 351-8600 Return Document to: lames D. Houghton, 568 Highway 1 West, Iowa City, Iowa, 52246 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, Tegler Subdivision, Johnson County, Iowa, according to the plat thereof recorded in Plat Book 25, Page 42, Plat Records of Johnson County, Iowa, excepting therefrom that portion thereof condemned for highway purposes by Johnson County, Iowa, by Condemnation proceeding recorded in Book 997, Page 349, and in Book 1007, Page 370, records of Johnson County, Iowa. Dated this c-\ day of ��, 2019. Thomas L. 1 z, County Treasurer Parcel: 0907230001 Document Prepared By: lames D. Houghton, 56B Highway 1 West, Iowa City, Iowa, 52246 — (319) 351-8600 Return Document to: James D. Houghton, 568 Highway 1 West, Iowa City, Iowa, 52246 CERTIFICATE OF COUNTY AUDITOR APPROVAL OF SUBDIVISION NAME I, Travis Weipert, Johnson County Auditor, approve the name Tegler Second Subdivision, with reference to the property described below as of the date of this certificate: Lot 1, Tegler Subdivision, Johnson County, Iowa, according to the plat thereof recorded in Plat Book 25, Page 42, Plat Records of Johnson County, Iowa, excepting therefrom that portion thereof condemned for highway purposes by Johnson County, Iowa, by Condemnation proceeding recorded in Book 997, Page 349, and in Book 1007, Page 370, records of Johnson County, Iowa. Dated this �2 day of A rl � 2019. Parcel: 0907230001 Return to: James D. Houghton, 568 Highway 1 W., Iowa City, IA 52246 Prepared By: James D. Houghton, ISBA#AT0003737; 568 Highway 1 W., Iowa City, IA 52246 - (319) 351-8600 UNDERGROUND UTILITY EASEMENT AGREEMENT TEGLER SECOND SUBDIVISION IOWA CITY, IOWA In consideration of the approval of the Final Plat of Tegler Second Subdivision, Iowa City, Iowa, hereinafter the "Subdivision", the undersigned owner, hereinafter "Grantor" hereby grants to MidAmerican Energy Co., Centurylink, Inc. and Mediacom, and their successors, hereinafter collectively "Grantees", a perpetual easement upon, over, under and across the areas designated on the Final Plat of Tegler Second Subdivision, Iowa City, Iowa, as "Utility Easement", as located within the Subdivision. At its sole cost and expense, 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 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 reasonably 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 to its prior condition, any damages caused by them within the easement areas or any adjacent property of the Grantor. Grantor, its successors in interest and assigns, reserves the right to use said easement areas for purposes which will not reasonably 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 planting within the easement area without compensation to Grantor or its successors in interest. [SIGNATURE PAGE TO FOLLOW] Dated this ) r -d day of - J u n e 2019 PLYMOUTH HOUSING PARTNERS, LLC, Grantor �-44'— Y: _ me:-Ja Thelen Title: Secretary/Treasurer STATE OF CD COUNTY OF ss: This instrument was acknowledged before me of this �� day of iTttn c 2019, by Jamie J. Thelen as Secretary/Treasurer of Plymouth Housing Partners, LLC. �tp� U�W� No ry Public In and For the State of {Ujpg f&e Gt enrovr✓uwnrova �a MICHELLE ROSE WENDEL �� � NOTARY PUBLIC-MINiJESOTA .. My Comm. Exp. Jan. 3L 2021 Return to: James D. Houghton, 568 Highway 1 W„ Iowa City, IA 52246 Prepared By: James D. Houghton, ISBA#AT0003737; 568 Highway 1 W., Iowa City, IA 52246 — (319) 351-8600 SANITARY SEWER EASEMENT AGREEMENT TEGLER SECOND SUBDIVISION IOWA CITY, IOWA THIS AGREEMENT, made by and between Plymouth Housing Partners, LLC, a Minnesota limited liability company, hereinafter called "Owner", and the City of Iowa City, Iowa, a municipal corporation, hereinafter called the "City". WITNESSETH: It is hereby agreed as follows: For the sum of $1.00 plus other valuable consideration, the receipt of which is hereby acknowledged, Owner hereby grants and conveys to the City an easement for the purposes of excavating for and the installation, replacement, maintenance and use of such 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 on the Final Plat of Tegler Second Subdivision hereafter described as a "Sanitary Sewer Easement". 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 easements area, to such extent as the City may find reasonably necessary. Any grading into and onto said lands along and outside the easement area shall be done in a manner that will not unreasonably interfere with Owner's use of its property outside the easement area. 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 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. k\ 3. The City shall promptly backfill any trench made by it, and repair any damages caused by the City and restore the area to its condition prior. The City shall indemnify Owner against liability, unreasonable loss or damage which may occur in the negligent exercise of the easement rights by the City or by its agents or employees in the course of their employment. 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 areas for purposes which will not interfere with the City's full enjoyment of the rights hereby granted; provided that the Owner shall not erect or construct any building, fence, retaining wall, or other structure, plant any trees, drill or operate any well, or construct any reservoir or other obstruction on said area, or diminish or substantially add to the ground cover over said easement areas. Any such improvement installed within the easement area, with or without City approval, may be removed by the City without compensation or replacement. 5. Owner does hereby covenant with the City that it is lawfully seized and possessed of the real estate above described, and that they have a good and lawful right to convey it, or any part thereof. 6. Nothing in this Agreement shall be construed to impose a requirement on the City to install the original public improvement at issue herein. Nor shall Owner be deemed acting as the City's agent during the original construction and installation of said improvement. Parties agree that the obligation to install the public improvement(s) herein shall be in accordance with City specifications, and the obligation shall remain on Owner until completion by Owner, and until acceptance by the City, as provided by law. The provisions hereof shall inure to the benefit of and bind the successors and assigns of the respective parties hereto, and all covenants shall apply to and run with the land and with the title to the land. Dated this Z,Id day of i 2019 PLYMOUTH HOUSING PARTNERS, LLC, Owner Jam e J. Thelen Title: Secretary/Treasurer CITY: By: ames Throgmorton, M or ATTEST: Approved by: City Attorney STATE OF IOWA, COUNTY OF JOHNSON) ss This instrument was acknowledged before me of this � day of 1`1 2019, by James Throgmorton and Kellie Fruehling as Mayor and City Cler c respectively, o the q(ty of Iowa City. 4resCHRISTINE OLNEY " Commission Number 806232 cw My Commission Notary Public In and F the State of Iowa STATE OF AAjffj�,c 6M COUNTYOF ,S'R/,(ms )ss: This instrument was acknowledged before me of this 3!Aday of �3-14-nj 2019, by Jamie J. Thelen as Secretary/Treasurer of Plymouth Housing Partners, LLC. I Not Public In and For the State of /L1 in njMof CICHELLE ROSE WENDELOTARY PUBLIC•SOTA �MW 7y Comm. Exp. Jan. 31, 2021 Return to: James D. Houghton, 568 Highway 1 W., Iowa City, IA 52246 Prepared By: James D. Houghton, ISBA#AT0003737; 568 Highway 1 W., Iowa City, IA 52246 - STORM SEWER EASEMENT AGREEMENT TEGLER SECOND SUBDIVISION IOWA CITY, IOWA 351-8600 THIS AGREEMENT, made by and between Plymouth Housing Partners, LLC, a Minnesota limited liability company, hereinafter called "Owner", and the City of Iowa City, Iowa, a municipal corporation, hereinafter called the "City", which expression shall include its successors in interest and assigns. WITNESSETH: It is hereby agreed as follows: For the sum of $1.00 plus other valuable consideration, the receipt of which is hereby acknowledged, Owner hereby grant and conveys to the City an easement for the purpose excavating for and the installation, replacement, maintenance and use of such storm water line, pipes, mains, conduits, swales, ditches and channels as the City shall from time to time elect for conveying storm water, with all necessary appliances and fittings for the use in connection with said pipe lines, together with adequate protection therefor, and also a right of way, with the right of ingress and egress thereto, over and across the area designated as "Storm Sewer Easement" as shown on the Final Plat of Tegler Second Subdivision and referred to herein as "easement areas". Owner further grants to the City: 1. The right of grading said easement area for the full width thereof, and to extend the cuts and fills for such grading into and onto said lands along and outside of the said easements area, to such extent as the City may find reasonably necessary. Any grading into and onto said lands along and outside the easement area shall be done in a manner that will not unreasonably interfere with Owner's use of its property outside the easement area. 2. The right from time to time to trim, to cut down and clear away any and all trees and brush on said easement area, and also to trim, cut down and clear away any trees on either side of said easement area which now or hereafter in the opinion of the City may be a hazard to said easement areas or which may interfere with the exercise of the City's rights hereunder in any manner. 3. The City shall promptly backfill any trench made by it, and repair any damages caused by the City and restore the area to its condition prior. The City shall indemnify Owner against liability, unreasonable loss or damage which may occur in the negligent exercise of the easement rights by the City or by its agents or employees in the course of their employment. Except as expressly provided herein, the City shall have no responsibility for maintaining the easement area. 4. Owner reserve the right to use said easement areas for purposes which will not interfere with the City's full enjoyment of the rights hereby granted; provided that the Owner shall not erect or construct any building, fence, retaining wall, or other structure, 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 such improvement installed within the easement area, with or without City approval, may be removed by the City without compensation or replacement. 5. Owner does hereby covenant with the City that it is lawfully seized and possessed of the real estate above described, and that they have a good and lawful right to convey it, or any part thereof. 6. Nothing in this Agreement shall be construed to impose a requirement on the City to install the original public improvement(s) at issue herein. Nor shall Owner be deemed acting as the City's agent during the original construction and installation of said improvement. Parties agree that the obligation to install the public improvement(s) herein shall be in accordance with City specifications, and the obligation shall remain on Owner until completion by Owner, and until acceptance by the City, as provided by law. 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 Z"dday of j 2019 PLYMOUTH , HBO ING PARTNERS, LLC, Owner �SY: t_ _ mie J. Thelen Title:: Secretary/Treasurer CITY: 'y' / ;;� — By ames Throgmorton, Wayor ATTEST: Kel ie Fruehling, City erk Approved by: c o�Z- �vD( Ntilc fan,. City Attorney te /r I q STATE OF IOWA, COUNTY OF JOHNSON) ss: 1j This instrument was acknowledged before me of this a James Throgmorton and Kellie Fruehling as Mayor and City Clerk, I , 2019, by City of Iowa City. E.rr�vss�•-j-a WM Notary Public ] 32sSTATE OF IbP1f.oht COUNTY OF .5k rnS ) ss: This instrument was acknowledged before me of this 3'51 day of Tl i irk_ 2019, by Jamie J. Thelen as Secretary/Treasurer of Plymouth Housing Parhlers, LLC. For the State ofidi fin -W MICHELLE ROSE WENDEL NOTARY PUBLIC -MINNESOTA My Comm. Exp. Jan. 31, 2021 Return to: James D. Houghton, 568 Highway 1 W., Iowa City, IA 52246 Prepared By: James D. Houghton, ISBA#AT0003737; 568 Highway 1 W., Iowa City, IA 52246 - (319) 351-8600 STORMWATER DETENTION EASEMENT AGREEMENT TEGLER SECOND SUBDIVISION IOWA CITY, IOWA THIS STORMWATER DETENTION EASEMENT AGREEMENT hereinafter called "Agreement", made by and between Plymouth Housing Partners, LLC, a Minnesota limited liability company, hereinafter called "Owner", and the City of Iowa City, Iowa, a municipal corporation, hereinafter called the "City", which expression shall include its successors in interest and assigns. WITNESSETH: It is hereby agreed as follows: For the sum of $1.00 plus other valuable consideration, the receipt of which is hereby acknowledged, Owner hereby grant and convey to the City an easement for construction, operation and maintenance of the storm sewer, stormwater control structures and stormwater control facilities, together with a right of ingress and egress thereto, over and across that portion designated as "Stormwater Detention Easement" as shown on the Final Plat of Tegler Second Subdivision attached hereto and incorporated herein by reference, hereafter described as "easement areas". Owner further grant 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 easements area, to such extent as the City may find reasonably necessary. Any grading into and onto said lands along and outside the easement area shall be done in a manner that will not unreasonably interfere with Owner's use of its property outside the easement area. 2. The right from time to time to trim, to cut down and clear away any and all trees and brush on said easement area, and also to trim, cut down and clear away any trees on either side of said easement 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 right to enter onto land beyond the easement area to conduct emergency repairs that may extend beyond the easement areas and restore the area to its condition prior, without obtaining a separate temporary easement. City's right to do such work shall be effective only upon the City's prior notice to owners and with minimal disruption of the area. 4. The City shall indemnify Owner against any liability, loss or damage which shall be caused by the negligent exercise of any ingress or egress, construction, use or maintenance by the City or its agents or employees in the course of their employment. 5. 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 the easement areas, or substantially add to the ground cover over said easement areas. Any such improvement installed within the easement area, with or without City approval, may be removed by the City without compensation or replacement. 6. The Owner shall maintain the area within the easement free from debris and shall in no event fill or prevent the stormwater control facilities to be filled in, and the Owner also agrees to maintain its land to minimize erosion in and around the easement areas. 7. After completion of the storm water detention facility, the Owner, its successors and assigns, shall thereafter maintain the facilities and Easement Area. The maintenance shall include maintaining and mowing the ground cover and keeping it free of debris. The City shall have no obligation for maintenance of the facilities or the easement area. 8. 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. 9. Nothing in this Agreement shall be construed to impose a requirement on the City to install the original improvement(s) herein described nor shall Owner be deemed acting as the City's agent during the original construction and installation of said improvement. The parties agree that the obligation to install the public improvement(s) herein shall be in accordance with City specifications, and the obligation shall remain on Owner. This Agreement shall inure to the benefit of and bind the successors and assign of the successors of the respective parties hereto and all covenants shall apply to and run with the land and with the title to the land. IN WITNESS WHEREOF, the arties have executed this Stonnwater Detention Easement Agreement on the 0 day of G 2019. PLYMOUTHHOU GPAIRITNERS, LLC, Owner Y� I Name: Jamie J Thelen Title: Secretary/Treasurer CITY: G . By. aures Throgmorton, Mfyor Approved by: City Attorney 31 ;L2I I STATE OF IOWA, COUNTY OF JOHNSON) ss: ATTEST: Kel ie Fruehling, Ci y Clerk This instrument was acknowledged before me of this day of { 2019, by James Throgmorton and Kellie Fruehling as Mayor and City CI er ,respectively, f the C'ty of Iowa City. ^pout f CHRISTINE OLNEY z r7 Commission Number 806232 *116w � MM/�xyy Commission Exptres Notary Public In and the State of Iowa OWA %'6 STATE OF 4Q invu $n to , COUNTY OF ss: This instrument was acknowledged before me of this __ day of 2019, by Jamie J. Thelen as Secretary/Treasurer of Plymouth Housing Partners, LLC. M"ILM ��d�P. UJwdd 3�MICHELLE ROSE WENDEL Notary Public In and For the State of nAi/'(/Zpsdh2k- NOTARY PUBLIC -MINNESOTA My Comm. Exp. Jan. 31, 2021 N� . Return to: James D. Houghton, 568 Highway 1 W., Iowa City, IA 52246 Prepared By: James D. Houghton, ISBA#AT0003737; 568 Highway 1 W., Iowa City, IA 52246 - (319) 351-8600 TEMPORARY CONSTRUCTION EASEMENT AGREEMENT TEGLER SECOND SUBDIVISION IOWA CITY, IOWA THIS AGREEMENT, made by and between Plymouth Housing Partners, LLC, a Minnesota limited liability company, hereinafter called "Owner", and the City of Iowa City, Iowa, a municipal corporation, hereinafter called the "City". In consideration of $1.00 and other valuable consideration, Owner agrees as follows: 1. Owner hereby grants and conveys to the City a temporary construction easement over and across the area designated as "Temporary Construction Easement" as shown on the Final Plat of Tegler Second Subdivision and referred to herein as "easement area", for the purpose of facilitating City's widening and/or reconstruction of Rochester Avenue hereinafter referred to as "public improvement", which grant 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 easement area as needed to complete the public improvement. 2. The term of this Temporary Construction Easement shall be for the period of time required by the City to complete the public improvement, but in no event shall the duration extend beyond two years from commencement of the public improvement. With respect to the easement area, Owner grants the following rights: a. The right to make excavations within the 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 restore the area to its condition prior; and to hold Owner harmless from third party liability during said construction. b. The right of ingress and egress to and from the easement area by such route within the easement area as shall occasion the least practical damage and inconvenience to Owner. C. The right to trim or remove all structures, trees, brush, and any other landscaping features which may interfere with the exercise of City's rights pursuant to this Agreement, subject to its obligations provided below. City shall promptly backfill any trench made by it, and repair any damages caused by City within the easement area, including the replacement and restoration of any trees, shrubs, bushes, lawn irrigation system and landscape beds on the easement area as may be required by City as part of the Landscape Buffer requirements for the subdivision. City shall indemnify Owner against loss or damage which occurs as a result of City's or its agents or employees in the course of their employment negligent acts or omissions in the exercise of its easements rights herein. Once the easement area has been restored substantially to its prior condition and except as expressly provided in this Agreement, City shall have no further responsibility for maintaining the easement area. 4. City covenants and agrees that existing site features installed pursuant to the final plat of Tegler Second Subdivision, 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 or sodded within a reasonable time after construction is complete. 5. City covenants and agrees to remove and stockpile existing topsoil from areas to be excavated, to be used in the event of any repair. Following installation of the public improvement, all areas within the easement area which are disturbed will be graded to from a uniform slope, and topsoil shall be replaced and respread over distributed areas, thereby restoring said area substantially to its prior condition. 6. The provisions hereof shall inure to the benefit of and bind to 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 expense. Date this Zday of 2019. PLYMOUTH HOU G PARTNERS, LLC, Owner Thelen Title: Secretary/Treasurer CITY: ATTEST: /,/�, / /Z t— Q� �? 8 10--o By. aures Throgmorton, Mar Kellie Fruehling, Citff lerk Approved by: City A iney STATE OF IOWA, COUNTY OF JOHNSON) ss: This instrument was acknowledged before me of this ani( day of James Throgmorton and Kellie Fruehling as Mayor and City Cler , respeyti 1leuts CHRISTINE OLNEY = Aib � Commission Number 806232 *z&.1 My Commissi Expires Notary Public h IOWA STATE OF JJft_LLI,L& COUNTY OF t✓71,(,LI YIS ) ss: This instrument was acknowledged before me of this J `qday of `I WU 2019, by Jamie J. Thelen as Secretary/Treasurer of Plymouth Housing Partners, LLC. I�. =.'4_ ROSE WENDELBLIC-MINi4ESOTAExp. Jan. 31, 2021 Return to: James D. Houghton, 568 Highway 1 W., Iowa City, IA 52246 Prepared By: James D. Houghton, ISBA#AT0003737; 568 Highway 1 W., Iowa City, IA 52246 - (319) 351-8600 TEMPORARY TURN AROUND EASEMENT AGREEMENT TEGLER SECOND SUBDIVISION IOWA CITY, IOWA THIS AGREEMENT, made by and between Plymouth Housing Partners, LLC, a Minnesota limited liability company, hereinafter called "Owner", and the City of Iowa City, Iowa, a municipal corporation, hereinafter called the "City". Owner grants to the public a perpetual City service access easement upon and across the area marked on the Final Plat of Tegler Second Subdivision as "Temporary Tum -Around Easement", hereinafter the "the Easement Area". This Agreement grants to the City and its service vehicles, employees and agents a means of ingress, egress and passage over the Easement Area for all official acts and City services. Additionally, the Iowa City Fire Department is hereby granted an access easement with the right of access over and across the Easement Area, which right includes the right of vehicular turn- around and non -emergency access and posting for the purposes of enforcing Fire Safety Standards under the Uniform Fire code, as amended. The City's Police Department is authorized to ticket, tow, or cause to be towed, pursuant to the Code of Iowa, as amended, any motor vehicle that has been parked or placed upon the Easement Area in violation of the parking laws of the City and State of Iowa. This Agreement shall serve as appropriate notice for such authorization to City's Police Department under the Code of Iowa, as amended. The City shall have no responsibility for maintaining the Easement Area. Owner, its successors in interest and assigns, reserves the right to use said Easement Area for purposes which will not interfere with the City's full enjoyment of rights hereby granted; provided the Owner shall not erect or construct any structure, reservoir, or other obstruction on said areas. Any improvements placed in the Easement Area that interfere with the City's full enjoyment of rights, without City approval, may be removed by the City without compensation or replacement. The City is granted 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 the City's prior notice to owners and with minimal disruption of the area. This Temporary Tum Around Easement shall terminate upon the completion of NEX Avenue onto Outlot A of Tegler Second Subdivision or as mutually agreed upon by Owner and City. Owner hereby covenants that it has lawfully seized and possessed of the real estate described above, and that it has and lawful right to convey it or any part thereof. This Agreement shall inure to the benefit of and bind to the successors and assigns of the respective parties hereto. All covenants shall be deemed to apply to and run with the title to the land. Date this 2r(dayof, 2019. OWNER: PLYMOUTH HOUSING PARTNERS, LLC �Jzhelen� Title: Secretary/Treasurer CITY:4��- / v By: es Throgmorton, Mafor Approved by: ✓vKiti /dl�wa�� City Attorney STATE OF IOWA, COUNTY OF JOHNSON) as: This instrument was acknowledged before me of thi James Throgmorton and Kellie Fruehling as Mayor and City TREE LNEYr 806232Expires ATTEST: Kel a Fruehling, Ci Clerk OC' day of Notary Public In 2019, by of Iowa City. the State of Iowa STATE OF Mirnn to , COUNTY OF AWLS ) ss: This instrument was acknowledged before me of this 3�day of I 1 (} L( 2019, by Jamie J. Thelen as Secretary/Treasurer of Plymouth Housing Partners, LLC. _ N taoN ry Public In and For the State of Iffi)e cO f0. o. MICHELLE ROSE WENDEL �- NOTARY PUBLIC-MINNESOTA as„a. My Comm. Exp. Jan. 31, 2021 Document Prepared By: James D. Houghton, 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 The undersigned, Plymouth Housing Partners, LLC, a Minnesota limited liability company, requests approval of the subdivision known as Tegler Second Subdivision, said subdivision shown on the plat filed with this Certificate, which is a resubdivision of the following described property: Lot 1, Tegler Subdivision, Johnson County, Iowa, according to the plat thereof recorded in Plat Book 25, Page 42, Plat Records of Johnson County, Iowa, excepting therefrom that portion thereof condemned for highway purposes by Johnson County, Iowa, by Condemnation proceeding recorded in Book 997, Page 349, and in Book 1007, Page 370, records of Johnson County, Iowa. The undersigned further states that subdivision is made with its free consent and is in accordance with the desires of the undersigned owners of the land included within the subdivision. Lots A and B, thet streets and easements are hereby dedicated to the public as provided for by Chapter 354 of the Code of owa (2019), as altlended. Dated as of this L9 day of fn 2019. OWNER: PLYMOUTH HOUS G PARTNERS, LLC ABY: Name J Thelen Title: Secretary/Treasurer STATE OF ss: COUNTY OF This instrument was acknowledged before me on this day of IMQiVr 2019, by Jamie J. Thelen as Secretary/Treasurer of Plymouth Housing Partners, LLC. ofi0e--4N%�.. ROSE WENDEDFBLIC-MINIJESOTANot Public In and or the State of AAiVIK66Exp. Jan. 31, 2021 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, Local Initiatives Support Corporation, a New York not-for-profit corporation, is the Mortgagee of the mortgage dated March 1, 2019, and recorded March 1, 2019, in Book 5881, Page 516, Mortgage Records of Johnson County, Iowa. Said mortgage encumbers that property to be designated as Tegler Second Subdivision, Iowa City, Iowa, and legally described as follows: Lot 1, Tegler Subdivision, Johnson County, Iowa, according to the plat thereof recorded in Plat Book 25, Page 42, Plat Records of Johnson County, Iowa, excepting therefrom that portion thereof condemned for highway purposes by Johnson County, Iowa, by Condemnation proceeding recorded in Book 997, Page 349, and in Book 1007, Page 370, records of Johnson County, Iowa. The undersigned Mortgagee hereby consents to the platting of this subdivision by Plymouth Housing Partners, LLC, a Minnesota 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 Lots A and B. Signed this 5th day of March 2019. Local Initiatives Support Corporation By: Patrick Maher Title- Vice President STATE OF NEW YORK, COUNTY OF YWLAE SS: This instrument was acknowledgge�d before me this S* qday of 2019, before me by ?-tL �. jda.�en. as of Local Initiatives Support Corporation. r Notary Public in and for the State of Ptwr Vall- FE SALINDA Notary Public, State of New York No. 01SA6192687 Qunlified in Queens County �Q r......, -.nn FrrJrnc Annt 9 9n V. Document Prepared By: James D. Houghton, 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 ATTORNEY'S TITLE OPINION RE: Tegler Second Subdivision a Resubdivision of Lot 1, Tegler Subdivision, Iowa City, Iowa, and legally described as follows Lot 1, Tegler Subdivision, Johnson County, Iowa, according to the plat thereof recorded in Plat Book 25, Page 42, Plat Records of Johnson County, Iowa, excepting therefrom that portion thereof condemned for highway purposes by Johnson County, Iowa, by Condemnation proceeding recorded in Book 997, Page 349, and in Book 1007, Page 370, records of Johnson County, Iowa. I, James D. Houghton, state that I am a regular practicing attorney in the State of Iowa and that I have examined an abstract of title to the above-described property. It is hereby certified that fee simple title to said real estate is in Plymouth Housing Partners, LLC, a Minnesota limited liability company, subject to the following: Mortgage to Local Initiatives Support Corporation, a New York not-for-profit corporation dated March 1, 2019, and recorded March 1, 2019, in Book 5881, Page 516, Records of Johnson County, Iowa. I further certify that except as above stated the property is free from encumbrance. DATED this 18" day of March, 2019. Jame D u on Return to: James D. Houghton, 568 Highway 1 W., Iowa City, IA 52246 Prepared By: James D. Houghton, ISBA#AT0003737; 568 Highway 1 W., Iowa City, IA 52246 — (319) 351-8600 EMERGENCY VEHICLE ACCESS EASEMENT AGREEMENT TEGLER SECOND SUBDIVISION IOWA CITY, IOWA THIS AGREEMENT, made by and between Plymouth Housing Partners, LLC, a Minnesota limited liability company, hereinafter called "Owner", and the City of Iowa City, Iowa, a municipal corporation, hereinafter called the "City". WITNESSETH: It is hereby agreed as follows: For the sum of $1.00 plus other valuable consideration, the receipt of which is hereby acknowledged, Owner hereby grants and conveys to the City, but not the general public, an easement for City access over and across the area designated as "Access Easement" on the Final Plat of Tegler Second Subdivision. This Access Easement is intended to provide a means of ingress, egress and passage over the Access Easement area as may be needed by the Iowa City Fire Department for emergency service vehicles, apparatus, employees and authorized agents for all emergency services and official acts for the benefit of the public. Furthermore, 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 Access Easement area in violation of the parking laws of the City and the state of Iowa. This easement agreement shall serve as appropriate notice for such authorization to the City's police department under the Code of Iowa, as amended. Said right of access also includes the right of vehicular turn -around and non -emergency access for postings and otherwise for enforcing Fire Safety Standards under the Uniform Fire Code, as amended. The City shall indemnify the Owner against unreasonable loss or damage that may occur in the negligent exercise of the easement rights by the City. Except as expressly provided herein, or as required by law, the City shall have no responsibility for maintaining the Access Easement area. Owner and its successors reserves the right to use the Access Easement area for purposes that will not interfere with the City's full enjoyment of the rights hereby granted. Furthermore, the Owner agrees that any improvements constructed in the easement area shall not obstruct the functioning and purpose of this easement. Nothing in this agreement shall be construed to impose a requirement on the City to install any improvements or otherwise maintain the Access Easement area. Nor shall Owner or its successors be deemed acting as the City's agent during the installation or maintenance of said Access Easement improvements. 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 grant this Emergency Vehicle Access Easement. The provisions hereof shall inure to the benefit of and bind the successors and assigns of the respective parties hereto, and this Emergency Vehicle Access Easement Agreement and its terms and conditions shall deemed to apply to and run with the land and with the title to the land. -SIGNATURE PAGE TO FOLLOW- Dated this 2 day of, 2019 PLYMOUTH HOU§JNG PARTNERS, LLC, Owner Y� 1\� ie J. Thelen Title: Secretary/Treasurer CITY: By: J61nes Throgmorton, MaAr Approved by: ��Grf2Agn City Attorney ATTEST: J�p I KQ1 LOU Kelli Fruehling, Ci Clerk STATE OF IOWA, COUNTY OF JOHNSON) ss: / This instrument was acknowledged before me of this 9d day of / / 2019, by James Throgmo n and Kellie Fruehling as Mayor and City Clerk, respgcfrvely, of the City of Iowa City. III��Rurm CHRISTINEOLNEY ° Commission Num0 = 06232 • oWA r M Commission plrec Notary Publrc�In an r the State of Iowa This instrument was acknowledged before me of this day of (// (}'LQ 2019, by Jamie J. Thelen as Secretary/Treasurer of Plymouth Housing Partners, LLC. =LDW014W WENDELINiJESOTAn. 31, 2021 N� Prepared By and After Recording Return To: James D. Houghton, 568 Highway 1 West, Iowa City, IA 52246; Telephone: (319) 351-8600; Email: jini@iclaw.net PRIVATE WATER SERVICE EASEMENT AGREEMENT TEGLER SECOND SUBDIVISION In consideration and approval of the final plat of Tegler Second Subdivision, Plymouth Housing Partners, LLC as owner of Lot 2 of said subdivision ("Grantor"), hereby grants to Plymouth Housing Partners, LLC, as owner of Outlot A of said subdivision ("Grantee"), a water service and right of way easement over and accoss the area designated as "Utility and Water Service Easement" on the final plat of said subdivision for the purpose of installing and maintaining a private water service line. The Grantee ofthis easement shall have the right to install, lay, construct, reconstruct, renew, operate, maintain and remove water services 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 existing residential dwelling on Outlot A with water 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 saidwater line and appurtenances; and the right of ingress and egress for all of the purposes aforesaid. Grantor, its successors in interest and assigns, reserve the right to use said easement areas for purposes which will not interfere with the Grantee's full enjoyment of the rights hereby granted; provided that Grantor shall not erect or construct any reservoir, retaining wall, fence, or other obstruction on said areas, or diminish or substantially add to the ground cover over said easement areas. No permanent dwellings or trees shall be placed on the areas so designated for this private water service easement, but with advance written authorization from the Grantee's representatives, the same may be used for gardens, shrubs, minor landscaping and other purposes that do not then or later interfere with the aforesaid uses or the rights herein granted. Grantee's rights, however, include the right to remove and/or clear any such gardens, shrubs, landscaping, bushes and plantings within the easement area without compensation to Grantor 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 until such time as the residential dwelling located on Outlot A is demolished or otherwise removed in which case, this Private Water Service Easement Agreement shall terminate. DATED this ? day of T "e, , 2019. Plymouth Housin Par vers, LLC, as Grantor and Grantee en Secretary/Treasurer STATE OF `(n ( , COUNTY OF &UYIS ) ss: This instrument was acknowledged before me on this � day of cTl,l Vl� 2019, by Jamie J. Thelen as Secretary/Treasurer of Plymouth Housing Partners, LLC. Ue44014t Notary Public In and For the State of Mi{1YLLS6 �a. MICHELLE ROSE WENDEL NOTARY PUBLIC• MINNESOTA My Comm. Exp. Jan. 31, 2021 AMP \\1 Return to: James D. Houghton, 568 Highway 1 W., Iowa City, IA 52246 Prepared By: James D. Houghton, ISBA#AT0003737; 568 Highway 1 W., Iowa City, IA 52246 - (319) 351-8600 WATER MAIN EASEMENT AGREEMENT TEGLER SECOND SUBDIVISION IOWA CITY, IOWA THIS AGREEMENT, made by and between Plymouth Housing Partners, LLC, a Minnesota limited liability company, hereinafter called "Owner", and the City of Iowa City, Iowa, a municipal corporation, hereinafter called the "City". WITNESSETH: It is hereby agreed as follows: For the sum of $1.00 plus other valuable consideration, the receipt of which is hereby acknowledged, Owner hereby grants and conveys to the City an easement for the purposes of excavating for and the installation, replacement, maintenance and use of such water lines, pipes, mains, and conduits as the City shall from time to time elect for conveying water, with all necessary appliances and fittings for the use in connection with said pipe lines, together with adequate protection therefor, and also a right of way, with the right of ingress and egress thereto, over and across the areas on the Final Plat of Tegler Second Subdivision hereafter described as a "Water Main Easement". 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 easements area, to such extent as the City may find reasonably necessary. Any grading into and onto said lands along and outside the easement area shall be done in a manner that will not unreasonably interfere with Owner's use of its property outside the easement area. 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 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. \\1 3. The City shall promptly backfill any trench made by it, and repair any damages caused by the City and restore the area to its condition prior. The City shall indemnify Owner against liability, unreasonable loss or damage which may occur in the negligent exercise of the easement rights by the City or by its agents or employees in the course of their employment. 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 areas for purposes which will not interfere with the City's full enjoyment of the rights hereby granted; provided that the Owner shall not erect or construct any building, fence, retaining wall, or other structure, plant any trees, drill or operate any well, or construct any reservoir or other obstruction on said area, or diminish or substantially add to the ground cover over said easement areas. Any such improvement installed within the easement area, with or without City approval, may be removed by the City without compensation or replacement. 5. Owner does hereby covenant with the City that it is lawfully seized and possessed of the real estate above described, and that they have a good and lawful right to convey it, or any part thereof. 6. Nothing in this Agreement shall be construed to impose a requirement on the City to install the original public improvement at issue herein. Nor shall Owner be deemed acting as the City's agent during the original construction and installation of said improvement. Parties agree that the obligation to install the public improvement(s) herein shall be in accordance with City specifications, and the obligation shall remain on Owner until completion by Owner, and until acceptance by the City, as provided by law. The provisions hereof shall inure to the benefit of and bind the successors and assigns of the respective parties hereto, and all covenants shall apply to and run with the land and with the title to the land. Dated this Znd day of , 2019 PLYMOUTH HOUSING ARTNERS, LLC, Owner a J. Thelen Title: Secretary/Treasurer CITY: By James Throgmorton, Klayor ATTEST: E�Kellie 'ruehling, City Cr l� Approved by: City Attorney S 19 STATE OF IOWA, COUNTY OF JOHNSON) ss: This instrument was acknowledged before me of this day of �/�� 2019, by James Throgmorton and Kellie Fruehling as Mayor and City Clerk, respectively, of the City of Iowa City. :�AotaryPublic an For a State of Iowa M Commissiori,F,xp�res STATE OF COUNTY OF L� ) ss: This instrument was acknowledged before me of this 3Zdday of C ML 2019, by Jamie J. Thelen as Secretary/Treasurer of Plymouth Housing Partners, LLC. Al el a, C. l lPivo&lt Notary Public In and For the State of ,�� g MICHELLE ROSE WENDEL §§ NOTARY PUBLIC -MINNESOTA $3,�.�,.+ My Comm, Exp. Jan. 31, 2021 rcp� ppm p m Doc ID: 0274 1 9330007 Type: GEN Kind: ORDINANCE Recorded: 07/08/2019 at 10:43:47 AM Fee Amt: $37.00 Pape 1 of 7 Johnson County Iowa Kim Painter County Recorder BK5926 PG431-437 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.19-4796 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 2nd day of July 2019, is a true and correct copy, all as the same appears of record in my office. Dated at Iowa City, Iowa, this 5th day of July 2019. Kelli K. Fruehling City Clerk \ord C09POMT1 514 410 EAST WASHINGTON STREET • IOWA CITY, IOWA 52240-1826 • (319) 356-5000 • FAX (319) 356-5009 Prepared by: Jade Pederson, Planning Intern, 410 E. Washington Street, Iowa City, IA 52240; 319-356- 5230 (REZ19-4) Ordinance No. 19-4796. An ordinance conditionally rezoning approximately 0.20 acres of land located at the Southwest corner of East Vt Street and South Gilbert Street, from Intensive Commercial (CI -1) to Riverfront Crossings- South Gilbert (RFC -SG). (REZ19-4) Whereas, the applicant, Randy Miller, has requested a rezoning of property located on the Southwest corner of East 1" Street and South Gilbert Street from Intensive Commercial (CI -1) to Riverfront Crossings - South Gilbert (RFC -SG); and Whereas, the Comprehensive Plan indicates that along South Gilbert Street there is potential for mixed- use buildings that can provide access and views to the riverfront park; 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 satisfaction of the affordable housing requirements set forth in section 14-2G-8 of the City Code for any new residential development and dedication of a 40 -foot right-of-way along the west side of the South Gilbert Street frontage to the City; and Whereas, Iowa Code §414.5 (2019) 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, areas of public need will be met by the acceptance of this ordinance, including the dedication of right-of-way to enhance pedestrian and bicycle infrastructure along S. Gilbert St., and the provision of affordable housing; 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 — South Gilbert (RFC -SG): BEGINNING at the Northeast corner of Outlot "E" of The Crossings Phase Two, Iowa City, Iowa, in accordance with the Plat thereof recorded in Plat Book 61, at Page 141, in the Records of the Johnson County Recorder's Office; Thence S88°40'16"W, along the North line of said Outlot "E", and the North line of Lot 6 of said The Crossings Phase Two, 119.91 feet; Thence N01 002'38'W, along said North line of Lot 6, and the East line of Outlot "H" of said The Crossings Phase Two, 79.64 feet, to the Northeast corner thereof, and the Northwest corner of Lot 2, Block 3, Cook Sargent and Downeys Addition, Iowa City, Iowa, in accordance with the Plat thereof Recorded in Book 16, at Page 84, in the Records of the Johnson County Recorder's Office; Thence N88040'16"E, along the North line of said Lot 2, and the North line of Lot 1, Block 3 of said Cook Sargent and Downeys Addition, 119.97 feet, to the Northeast corner thereof; Thence S01°00'12"E, along the East line of said Lot 1, a distance of 79.64 feet, to the said POINT OF BEGINNING, containing 0.22 acre, (9,552 square feet), more or less, and subject to easements and restrictions of record. Section II. Zoning Map. The building official is hereby authorized and directed to change the zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval and publication of the ordinance as approved by law. Section III. Conditional Zoning Agreement. The mayor is hereby authorized and directed to sign, and the City Clerk attest, the Conditional Zoning Agreement between the property owner(s) and the City, following passage and approval of this Ordinance. Section IV. Certification And Recording. Upon passage and approval of the Ordinance, the City Clerk is hereby authorized and directed to certify a copy of this ordinance, and record the same in the Office of the County Recorder, Johnson County, Iowa, at the Owner's expense, upon the final passage, approval and publication of this ordinance, as provided by law. q, C, N Ordinance No. 19-4796 Page 2 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 2nd day of July 20 19 O CORPORATE SERI Attest: City Clerk App ved by /,�,_ az ajf-2w� f City Attorneys Office i�(/z lel Ordinance No. 19-4796 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 x x Cole Mims Salih Taylor Teague Thomas Throgmorton First Consideration 06/18/2019 Voteforpassage: AYES: Taylor, Teague, Thomas, Cole, Mims. NAYS: None. ABSENT: Salih. Second Consideration _ Vote for passage: Date published 11/2019 ton, that the Moved ny Mims, seconded by Thomas, 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: Teague, Thomas, Throgmorton, Cole, Mims, Taylor. NAYS: None. ABSENT: Salih. Ily Prepared by: Jade Pederson, Planning Intern, 410 E. Washington, Iowa City, IA 52240 (319) 356-5230 (REZ19-4) Conditional Zoning Agreement This agreement is made between the City of Iowa City, Iowa, a municipal corporation (hereinafter "City"), and Paradigm Properties LLC (hereinafter "Owner"). Whereas, Owner is the legal title holder of approximately 0.20 acres of property located at the Southwest corner of East 11 Street and South Gilbert Street; and Whereas, the Owner has requested the rezoning of said property from Intensive Commercial (CI -1) to Riverfront Crossings - South Gilbert (RFC -SG); and Whereas, the conditions established in this agreement address public needs, including the dedication of right-of-way to enhance pedestrian and bicycle infrastructure along S. Gilbert St., and the provision of affordable housing; and Whereas, the Planning and Zoning Commission has determined that, with appropriate conditions regarding satisfaction of the affordable housing requirements set forth in section 14- 2G-8 of the City Code for any new residential development and dedication of a 40 -foot right-of- way along the west side of the South Gilbert Street frontage to the City, the requested zoning is consistent with the Comprehensive Plan; and Whereas, Iowa Code §414.5 (2019) 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 affordable housing, a more pedestrian -oriented South Gilbert Street corridor, and support for the anticipated increase in residential and commercial activity; 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: Paradigm Properties LLC is the legal title holder of the property legally described as: BEGINNING at the Northeast corner of Outlot "E" of The Crossings Phase Two, Iowa City, Iowa, in accordance with the Plat thereof recorded in Plat Book 61, at Page 141, in the Records of the Johnson County Recorder's Office; Thence S88°40'16"W, along the North line of said Outlot "E", and the North line of Lot 6 of said The Crossings Phase Two, 119.91 feet; Thence N01 °02'38"W, along said North line of Lot 6, and the East line of Outlot "H" of said The Crossings Phase Two, 79.64 feet, to the Northeast corner thereof, and the Northwest corner of Lot 2, Block 3, Cook Sargent and Downey's Addition, Iowa City, Iowa, in accordance with the Plat thereof Recorded in Book 16, at Page 84, in the Records of the Johnson County Recorder's Office; Thence N88040'16"E, along the North line of said Lot 2, and the North line of Lot 1, Block 3 of said Cook Sargent and Downey's Addition, 119.97 feet, to the Northeast corner thereof; Thence S01°00'12"E, along the East line of said Lot 1, a distance of 79.64 feet, to the said 19- POINT OF BEGINNING, containing 0.22 acre, (9,552 square feet), more or less, and subject to easements and restrictions of record. The Owner acknowledges that the City wishes to ensure conformance to the principles of the Comprehensive Plan and the Downtown and Riverfront Crossings master plan. Further, the parties acknowledge that Iowa Code §414.5 (2019) 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 agree 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 dedicate a 40 -foot wide parcel to the City for right-of-way along the west side of the South Gilbert Street. b. Owner shall satisfy the affordable housing obligations imposed pursuant to Iowa City Code of Ordinances 14-2G-8 through the provision of on-site owner -occupied dwelling units, on-site rental dwelling units, and/or the payment of a fee in lieu of the remaining dwelling units not provided on-site or as otherwise agreed to between Owner and the City in an affordable housing agreement entered into prior to issuance of a building permit for development of any portion of the above-described property. 4. The Owner and City acknowledge that the conditions contained herein are reasonable conditions to impose on the land under Iowa Code §414.5 (2019), and that said conditions satisfy public needs that are caused by the requested zoning change. 5. The Owner and City acknowledge that in the event the subject property is transferred, sold, redeveloped, or subdivided, all redevelopment will conform with the terms of this Conditional Zoning Agreement. 6. The parties acknowledge that this Conditional Zoning Agreement shall be deemed to be a covenant running with the land and with title to the land, and shall remain in full force and effect as a covenant with title to the land, unless or until released of record by the City of Iowa City. The parties further acknowledge that this agreement shall inure to the benefit of and bind all successors, representatives, and assigns of the parties. The Owner acknowledge 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 2nd day of July 2019 2 �� City of Iowa City At City Attorney's Office vk //9 City of Iowa City Acknowledgement: State of Iowa ) ) ss: Johnson County ) 0 This instrument was acknowledged before me on -1- 201 by Jim Throgmorton and Kellie Fruehling as Mayor an ity Clerk, res cti e y of the City of Iowa City. Notary Public in a nafehe State of Iowa (Stamp or Sea[) Title (and Rank) Paradigm Properties LLC Acknowledgment: State of Countyof This r cord was acknowledged before me on �-C-4 (Name(s) of ind (type of uthority, such as officer or trustee) of — 1 `—I al(s) as adigm Pr( Public in (Stamp or Title (and CHRISTINE OLNEY _~ Commission Number 808232 * MWC mis ' Expires 2019 by the State of My commission expires: 3 iZ �' Prepared by Jesi Lile, Associate Planner, 410 E. Washington, Iowa City, IA 52240; 319/356-5230 DECISION IOWA CITY BOARD OF ADJUSTMENT WEDNESDAY, July 10, 2019 EMMA J. HARVAT HALL MEMBERS PRESENT: Connie Goeb, Zephan Hazell, Amy Pretorius MEMBERS ABSENT: Ryan Hall, Ernie Cox STAFF PRESENT: Sue Dulek, Jesi Lile Vee Doc ID: 027443860006 Type; GEN Kind: DECISION Recorded: 07/29/2019 at 12:40:15 PM Fee Amt: $32.00 Pape 1 of 6 Johnson CountV Iowa Kim Painter CountV Recorder 6K5936 PG469-474 OTHERS PRESENT: Chris Pose, Marty Dostalik, Bill Horner, Laureen Ipson, Joe Meyers SPECIAL EXCEPTION ITEMS: EXC19-05: A public hearing regarding a special exception application submitted by MidAmerican Energy to allow for a basic utility in a Commercial Office (CO -1) zone to build an electric substation located at the southwest corner of the Prairie du Chien overpass of Interstate 80. The Board concludes that the use will be screened from public view and from adjacent residential zones at least to S3 standards and that it will be compatible with surrounding structures and uses with regard to safety, size, height, scale, location and design based on the following findings: • The landscaping plan dated June 20, 2019 goes above the S3 screening required of all basic utilities not enclosed in a building, and should be a condition of the special exception. This screening will help to mitigate the height differences between the substation and the surrounding properties. At the time of planting, 31 trees will be six feet tall with additional shorter plantings. At the time of maturity all plantings will be eight feet or taller, with 23 trees over 40 feet. • The proposed site for the substation is currently surrounded by mainly vacant land. There is one house currently occupied located at 1823 Prairie du Chien Rd and plans for townhomes to the southwest of the proposed substation as well as a senior living currently being constructed. • The proposed substation will have a 158' by 210' footprint. • The proposed substation will have two 50' high dead-end structures that will receive transmission lines as well as 50' high shield masts. Other structures will be smaller. • The senior living building currently under construction will have 53 units and be three stories tall (approx. 35 feet). • The residence at 1823 Prairie du Chien is a one-story home with just over 1,100 square feet of living area. • The proposed substation will be at approximately the same elevation as the surrounding properties. • The proposed substation is larger in both footprint and height than surrounding residential development, but the applicant is attempting to mitigate these impacts through landscaping, and has been in contact with the 13 N O E5� c Ci -G N Bard Sutchil�, m o� p' — d D p N EXC19-05: A public hearing regarding a special exception application submitted by MidAmerican Energy to allow for a basic utility in a Commercial Office (CO -1) zone to build an electric substation located at the southwest corner of the Prairie du Chien overpass of Interstate 80. The Board concludes that the use will be screened from public view and from adjacent residential zones at least to S3 standards and that it will be compatible with surrounding structures and uses with regard to safety, size, height, scale, location and design based on the following findings: • The landscaping plan dated June 20, 2019 goes above the S3 screening required of all basic utilities not enclosed in a building, and should be a condition of the special exception. This screening will help to mitigate the height differences between the substation and the surrounding properties. At the time of planting, 31 trees will be six feet tall with additional shorter plantings. At the time of maturity all plantings will be eight feet or taller, with 23 trees over 40 feet. • The proposed site for the substation is currently surrounded by mainly vacant land. There is one house currently occupied located at 1823 Prairie du Chien Rd and plans for townhomes to the southwest of the proposed substation as well as a senior living currently being constructed. • The proposed substation will have a 158' by 210' footprint. • The proposed substation will have two 50' high dead-end structures that will receive transmission lines as well as 50' high shield masts. Other structures will be smaller. • The senior living building currently under construction will have 53 units and be three stories tall (approx. 35 feet). • The residence at 1823 Prairie du Chien is a one-story home with just over 1,100 square feet of living area. • The proposed substation will be at approximately the same elevation as the surrounding properties. • The proposed substation is larger in both footprint and height than surrounding residential development, but the applicant is attempting to mitigate these impacts through landscaping, and has been in contact with the 13 property owners of 1823 Prairie du Chien Road about purchasing the property. The proposed substation fence will be approximately 32 feet from the south property line and approximately 55 feet from the east property line The applicant proposes to surround the substation with a seven -foot high chain-link fence with three strands of barbed wire on top, making the fence eight -feet tall in total. The Board concludes that the substation will not be detrimental to or endanger the public, health, safety, comfort and general welfare based on the following findings: The substation will provide a necessary and reliable base of power for the surrounding area currently developing. There have been no reported health and safety issues with the other substations surrounded by residential development in Iowa City. The Board concludes that the substation transformer 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 based on the following findings: • The applicant provided sound estimates at distances from the transformer to the property line: o North Property Line (approx. 30 meters) — 43 dB o East Property Line (approx. 35 meters) — 42 dB o South Property Line (approx. 48 meters) — 39 dB o West Property Line (approx. 90 meters) — 34 dB o For comparison, 40dB is approximately the level of noise of a library, bird calls, and ambient urban noise. • Staff measured sound coming from the interstate from the west side sidewalk along Prairie du Chien nearest the proposed substation location and found that the noise levels at 1:45 pm were approximately 65 dB. • The substation will not be heard over the noise of the interstate because though sound is cumulative, the addition of any noise that has a difference of more than 10 dB results in the higher noise level being the total noise level. • Foster Road Development owns the majority of the land in the immediate area. • The land to the southwest and further west along the Foster Rd extension was recently rezoned to allow for residential development, including both townhomes and a larger -scale senior living facility. These projects are not being built by the current property owner. The senior facility is currently under construction, and the property owner is in negotiations with another developer for townhome construction to the south of the proposed substation. The substation fence would be approximately 32 feet from the property line. The Board concludes the proposed use will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the dist�qt in wtijph such property is located based on the following findings: mac) �— I • Past substation projects have shown that development continues it suD�unding- vicinity m Tr. o N ,'b • The substation at 1630 Lower Muscatine Rd was built in 1962 and the abutting residential was built in 1962, 1963, 1964 & 1965. The closest residence is approximately 60 feet from the substation fence. • The substation at 1120 Mormon Trek Blvd was built in 1980 and the abutting residential was built in 1987, 1988, 1990 & 1996. The closest residence is just over 20 feet away from the substation fence. • The closest residence to the proposed substation is approximately 100 feet away from the planned substation fence and approximately 120 feet away from the proposed transformer. • There is a senior living project currently under construction on Foster Road to the southwest of the proposed substation. The Board concludes that adequate utilities and access roads will be provided because the substation will be accessed from Foster Road and will be installing electricity to service the surrounding area. The Board concludes that adequate measures have been or will be taken to provide ingress or egress designed to minimize traffic congestion on public streets based on the following findings: The future intersection of Foster Road and Prairie du Chien will be controlled by a stop sign on Foster Road. Post -construction the proposed substation will produce minimal traffic as there be approximately one truck per month at the substation for routine maintenance and no permanent employees on site. 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 Commercial Office (CO -1) zone is intended for offices, businesses, apartments, and certain public & semi-public uses. • The proposed substation exceeds the minimum setback requirements. • That aside from the special exception being considered, the lot meets all other requirements of the Commercial Office (CO -1) zone. The Board concludes that the proposed exception will be consistent with the Comprehensive Plan based on the following finding: • The Comprehensive Plan supports Iowa City coordinating with private utilities in order to serve areas under development. DISPOSITON: by a vote of 3-0, the Board approved a special exception allowing a bac utility in a Commercial Office (CO -1) zone to build an electric substation with the following 0,,071dition: CD • The landscaping and screening around the substation must adhere to t#a nai"tapin plan submitted, dated June 20, 2019 prior to the issuance of a Certific&-6fOZAupa� cy —{ n o' .<rn oz L` o N �'7D 2. EXC19-06: A public hearing regarding a special exception to construct a basic utility consisting of a telecommunications hub in a Community Commercial (CC -2) zone located at 2211 F St. The Board concludes that the use will be screened from public view and from adjacent residential zones at least to S3 standards and that it will be compatible with surrounding structures and uses with regard to safety, size, height, scale, location and design based on the following findings: • The Board concludes that the proposed hub meets the S3 screening requirements as the applicant plans to surround the building with a 6 -foot opaque fence. • The proposed building is 10 feet tall and not out of scale with the surrounding structures. • The southern portion of the site abuts a 20 -foot retaining wall, providing screening. • The applicant has submitted renderings that show the proposed structure with a brick fagade. • The proposed structure would be located at the rear of the lot and not highly visible from the public right-of-way. • The proposed structure is not adjacent to any residential zones. • The project is located in the Towncrest Overlay District and must go to staff design review to evaluate material quality, screening, and neighborhood compatibility. The Board concludes that the proposed hub will not be detrimental to public health, safety or general welfare based on the following findings: • The hub will be enclosed in a structure with a locked door to prevent unauthorized access. • The communications systems is low voltage (48 volts). • The hub will improv the comfort and general welfare of Iowa City residents by offering another cable and internet provider option. The Board concludes that the proposed hub will not be injurious to the use, enjoyment or property values of other property in the immediate vicinity due to the following findings: • The hub will be small and located in the rear southeast corner of the property and does not abut residential properties. • The hub will go through design review to ensure neighborhood compatibility. • The hub will allow for another internet and cable service provider in Iowa City and will increase bandwidth capabilities. • The hub will require a small generator to power it if surrounding power goes out. Any noise it gives off would be mitigated by the proposed fence and existing retaining wall. Additionally, this site does not abut residential properties. The Board concludes that the proposed hub will not impede normal and orderly , development of the surrounding property because the surrounding prope!g is fuFt developed and the structure will conform to all setback requirements. a M � The Board concludes that the proposed hub will have access to all utilizes_arfd opr �- necessary facilities.—�� .<rn a o N The Board concludes that the site contains adequate ingress and egress and the hub will not increase traffic congestion due to the following findings: • The hub will not increase traffic congestion in the area post -construction because it will only need occasional maintenance and not house any permanent employees. • The lot has adequate circulation and parking. 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 property is in compliance with the zoning code in all aspects aside from the parking lot landscaping, which the applicant has addressed. There are no parking or other vehicle requirements for this use. This project complies with the Community Commercial (CC -2) standards in all other aspects. The Board concludes that the proposed hub is consistent with the Comprehensive Plan because the Central District Plan encourages the development of businesses that provide goods, services, and amenities to the neighborhood. DISPOSITION: By a vote of 3-0, the Board approved a special exception allowing a basic utility in a Community Commercial (CC -2) zone to build a telecommunications hub. 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 application 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 -*C- 1 E, City of Iowa City, Iowa. J'� N O 4D 01 -DC7 A o N J'� a 4, 6,� Approved b Connie Goeb, Chairperson �-dL-rC 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 811 day of May, 2019, as the same appears of record in my Office. Dated at Iowa City, this day of 20101 Kellie K. Fruehling,Ci y Clerk SEAL 0 o� -� D -lC) O� Y <r rn 3, M o� — > o N Doc ID: 027439700016 Type: GEN Kind: ORDINANCE Recorded: 07/25/2019 at 10:26:44 AM Fee Amt: $82.00 Page 1 of 16 Johnson County Iowa Kim Painter County Recorder aK5934 PG551-566 �v 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.19-4797 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 16th day of July 2019, is a true and correct copy, all as the same appears of record in my office. Dated at Iowa City, Iowa, this 24th day of July 2019. 6tGl;i Kellie It. Fruehling City Clerk f10[�f �'-i pp0 -,Ila p0� r4 °oa eons• fiord L4 CORPORATES R. 410 EAST WASHINGTON STREET 9 IOWA CITY, IOWA 52240-1826 • (319) 356-5000 9 FAX (319) 356-5009 Prepared by: Jade Pederson, Planning Intern, 410 E. Washington Street, Iowa City, IA 52240; 319-3565230 (REZ18- 00019) Ordinance No. 19-4797 An ordinance conditionally rezoning approximately 1.75 acres of land located at the northwest corner of Benton Street and Orchard Street from Medium Density Single -Family Residential (RS -8) to Riverfront Crossings- Orchard (RFC -0). (REZ18-00019) Whereas, the applicant, M & W Properties, has requested a rezoning of property located 204 West Benton Street; 224,226,330, and 640 Orchard Court; and 711,725, and 741 Orchard Street from Medium Density Single -Family Residential (RS -8) to Riverfront Crossings- Orchard (RFC -O); and Whereas, the Comprehensive Plan indicates that redevelopment should be complementary to the surrounding single-family neighborhoods in mass and scale and there should be a transition from large-scale, mixed-use and commercial buildings along Riverside Drive to single family residential; and Whereas, the Planning and Zoning Commission has the reviewed the proposed rezoning and determined that it complies with the Comprehensive Plan provided that it meets conditions addressing the need for the satisfaction of the affordable housing requirements set forth in section 14-2G-8 of the City Code, dedication of a 15 foot right-of-way along the north side of the Benton Street frontage to the City, construction of a 6 foot sidewalk along the Benton Street frontage of the property, construction of a sidewalk along the Orchard Street frontage of the property, provision of a 30 foot wide access easement running in a north -south direction from the driveway area north of the rezoning assemblage down to the southern property line of 330 Orchard CL, construction of the pedestrian street, dedication of a 30 foot wide public access easement over the span of the pedestrian street, and submission of a landscaping plan that includes street trees, to be reviewed by the City Forrester; and Whereas, Iowa Code §414.5 (2019) 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, several areas of public need will be met by the acceptance of this ordinance, including the provision of affordable housing, improving overall access and connectivity with the construction of sidewalks and a pedestrian street, and implementation of a landscaping plan to help create an attractive neighborhood environment; 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 Medium Density Single -Family Residential (RS -8) to Riverfront Crossings -Orchard Subdistrict (RFC -0): Commencing at a point on the north line of Lot 10, Block 4, Cartwright's Addition to Iowa City, Iowa, which point if 50 feet west of the northeast comer of said Lot 10, thence north 15 feet, thence west 160 feet to the west line of vacated Olive Street, thence south 157.5 feet, thence east 217.5 feet, thence north 28.5 feet, thence west 57.5 feet, thence north 114 feet to the place of beginning; Excepting therefrom the following described tract, to -wit: Commencing at a point which is 15 feet north and 105 feet west of the northeast corner of Lot 10, Block 4, Cartwright's Addition to Iowa City, Iowa, according to the recorded plat thereof, thence west 105 feet, thence south 157.5 feet, thence east 105 feet, thence north to the place of beginning. Also excepting the following: Commencing at a point 15 feet north and 50 feet west of the northeast corner of Lot 10, Block 4, Cartwright's Addition to Iowa City, Iowa, thence 129 feet south to the point of beginning, thence east 57.5 feet, thence south 28.5 feet, thence west 57.5 feet, thence north to the point of beginning. U01W, The East 52.5 feet of the following described property: Commencing at a point which is 15 feet North and 105 feet west of the Northeast comer of Lot 10, Block 4, Cartwright's Addition to Iowa City, Iowa, according to Ordinance No. 19-4797 Page 2 the recorded plat thereof; thence from the point of beginning West 105 feet, thence South 157.5 feet, thence East 105 feet, thence North to the place of beginning. AND Commencing a point 15 feet north and 157.5 feet west of the northeast corner of Lot 10, Block 4, Cartwright's Addition to Iowa City, Iowa, according to the recorded plat thereof, thence west 52.5 feet, thence south 157.5 feet, thence east 52.5 feet, thence north to the point of beginning. AND Auditor's Parcel 2001-007 according to the plat thereof recorded in Book 42, Page 274, Plat Records of Johnson County, Iowa. AND Auditor's Parcel 2001-008 according to the plat thereof recorded in Book 42, Page 274, Plat Records of Johnson County, Iowa, and Affidavit Pertaining to Plat of Survey recorded in Book 3224, 271, in the Records of Johnson County, Iowa. AND Lot 3, Block 4, Cartwright's Addition to Iowa City, Iowa, according to the recorded plat thereof. And That portion of the East Half of the North and South alley adjacent to Lot 3 in said Block 4 as originally platted which has now been vacated And Excepting therefrom Auditor's Parcel 2007109 as shown on the Plat recorded in Book 52, Page 196 of the records of the Johnson County Recorder And Together with the following described real estate: Commencing at a point 15 feet north and 50 feet west of the northeast corner of Lot 10, Block 4, Cartwright's Addition to Iowa City, Iowa, according to the plat thereof recorded in Book 13, Page 432, Deed Records of Johnson County, Iowa, thence 129 feet south to the point of beginning; thence east 57.5 feet; thence south 28.5 feet; thence west 57.5 feet; thence north to the point of beginning. AND Lot 4, Block 4, Cartwright's Addition to Iowa City, Iowa, according to the recorded plat thereof. And That portion of the East Half of the North and South alley adjacent to Lot 4 in said Block 4 as originally platted which has now been vacated And Auditor's Parcel 2007109 as shown on the Plat recorded in Book 52, Page 196 of the records of the Johnson County Recorder. And except Auditor's Parcel 2007108 as shown on the Plat recorded in Book 52, Page 196 of the records of the Johnson County Recorder. AND Lot 5, Block 4, Cartwright's Addition to Iowa City, Iowa, according to the recorded plat thereof. And That portion of the East Half of the North and South alley adjacent to Lot 5 in said Block 4 as originally platted which has now been vacated. And Auditor's Parcel 2007108 as shown on the Plat recorded in Book 52, Page 196 of the records of the Johnson County Recorder. Ordinance No. 1 9-4797 Page 3 SOUTH RIVERSIDE COURT VACATION That part of South Riverside Court in Iowa City, Johnson County, Iowa described as follows: Beginning at the southwest corner of Lot 7, Orchard Court Subdivision (Final Plat recorded in Plat Book 16 Page 29 at the Johnson County Recorders Office); thence South 87°26'06" East 309.37 feet along the south line of said Lot 7 and the south line of Lot 8 of said Orchard Court Subdivision to the southwesterly right-of-way of Orchard Court; thence southeasterly 80.27 feet along said right-of-way and along the arc of a 125.00 foot radius curve concave northeasterly (chord bearing South 6805745" East 78.89 feet) to a point of intersection with a northerly line of Auditor's Parcel 2001007 (Plat of Survey recorded in Plat Book 42, Page 274 at the Johnson County Recorder's Office); thence North 0013'34" East 15.01 feet along a line of said Auditors Parcel 2001007; thence North B7026'06" West 256.51 feet along a north line of said Auditor's Parcel 2001007, also being 15 feet in perpendicular distance north of the north line of Lot 10 of Block 4 of Cartwrighfs Addition (Final Plat recorded in Plat Book 3, Page 207 at the Johnson County Recorder's office, to a point of intersection with an easterly line of Gilbin's Subdivision (Final Plat recorded in Plat Book 4, Page 241 at the Johnson County Recorders Office); thence North 300721" East 10.00 feet to the point of beginning and containing 4,482 square feet more or less. Section II. Zoning Map. The building official is hereby authorized and directed to change the zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval and publication of the ordinance as approved by law. Section III. 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 whale 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 16t dayof July 20J •�" �'pIrtrf ii f 1jCo. OM11 11 1 ►� Atfgst:• •,,�ooa�dy°Clerk f:. y Approved.by OrdinancN Page o. 19-4747 � 0 City Attorney's Office �3�i� Ordinance No. 19-4797 Page 5 It was moved by Thomas and seconded by Cole that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Cole % Mims x Salih x Taylor % Teague x Thomas % Throgmorton First Consideration 06/18/2019 Voteforpassage: AYES: Cole, Mims, Taylor, Teague, Thomas, Throgmorton. NAYS: None. ABSENT: Salih. Second Consideration_ 07/02/2019 Vote for passage: AYES: Taylor, y Teague, Thomas, Throgmorton, Cole, Mims. NAYS: None. ABSENT: Salih. Date published 07/25/2019 Prepared by: Jade Pederson, Planning Intern, 410 E. Washington, Iowa City, IA 52240 (319) 356-5230 (REZ18-00019) Conditional Zoning Agreement This agreement is made between the City of Iowa City, Iowa, a municipal corporation (hereinafter "City"), and M&W Properties LLC (hereinafter "Owner"). Whereas, Owner is the legal title holder of approximately 1.75 acres of property located at 204 West Benton Street; 224, 226, 330, and 650 Orchard Court; and 711, 725, and 741 Orchard Street, legally described in the attached Exhibit A; and Whereas, Owner has requested the rezoning of said property from Medium Density Single -Family Residential (RS -8) to Riverfront Crossings- Orchard Subdistrict (RFC -0); and Whereas, the conditions established in this agreement address several public needs, including the provision of affordable housing, improving overall access and connectivity with the construction of sidewalks and a pedestrian street, and implementation of a landscaping plan to help create an attractive neighborhood environment; and Whereas, the Planning and Zoning Commission has determined that, with appropriate conditions regarding satisfaction of the affordable housing requirements set forth in section 14- 2G-8 of the City Code, dedication of a 15 foot right-of-way along the north side of the Benton Street frontage to the City, construction of a 6 foot sidewalk along the Benton Street frontage of the property, construction of a sidewalk along the Orchard Street frontage of the property, provision of a 30 foot wide access easement running in a north -south direction from the driveway area north of the rezoning assemblage down to the southern property line of 330 Orchard Ct., construction of the pedestrian street, dedication of a 30 foot wide public access easement over the span of the pedestrian street, and submission of a landscaping plan with street trees to be located in the right-of-way, the requested zoning is consistent with the Comprehensive Plan; and Whereas, Iowa Code §414.5 (2019) 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, 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 affordable housing, a transitional buffer from the mixed-use development along Riverside Drive to residential to the west, and accommodations for differing modes of transportation; and Whereas, Owner agrees to develop this property in accordance with the terms and conditions of a Conditional Zoning Agreement. Now, therefore, in consideration of the mutual promises contained herein, the parties agree as follows: 1. Owner acknowledges that the City wishes to ensure conformance to the principles of the Comprehensive Plan and the Downtown and Riverfront Crossing master plan, Orchard Subdistrict. Further, the parties acknowledge that Iowa Code §414.5 (2019) provides ppdadmlagttdrafl_czaLrez18-00019=_"rcherd_cmrl.dac 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. 2. In consideration of the City's rezoning the subject property, Owner agrees that development of the subject property will conform to all other requirements of the zoning chapter, as well as the following conditions: a. Prior to issuance of a building permit, Owner shall I. dedicate 15' of right-of-way along the north side of the Benton St. frontage to the City; ii. dedicate a 30' wide access easement running in a north -south direction generally along the western 30' of the vacated Orchard Court right-of-way south across the property locally known as 330 Orchard Ct., to the southern property line of 330 Orchard Ct., in a location approved by the City Engineer; iii. dedicate a 30' wide public access easement over the span of the pedestrian street; iv. Design and obtain approval from the City Forrester of a landscaping plan for the subject property. The landscaping plan shall include, among other plantings, street trees in the Orchard St. right-of-way; and v. Execute an affordable housing agreement to 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. b. Prior to issuance of a certificate of occupancy, Owner shall: L construct a 6' wide sidewalk along the Benton St. frontage of the subject property in a location approved by the City Engineer; ii. construct a 5' wide sidewalk along the Orchard St. frontage of the subject property; iii. construct a pedestrian street as shown in the concept plan attached hereto as Exhibit B; and iv. install all plantings shown on and required by the approved landscaping plan. 3. The Owner and City acknowledge that the conditions contained herein are reasonable conditions to impose on the land under Iowa Code §414.5 (2019), and that said conditions satisfy public needs that are caused by the requested zoning change. 4. The Owner and City acknowledge that in the event the subject property is transferred, ppdatlMagVtlreft_Q —rezISM019_ orchardmun.dw 2 sold, redeveloped, or subdivided, all redevelopment will conform with the terms of this Conditional Zoning Agreement. 5. The parties acknowledge that this Conditional Zoning Agreement shall be deemed to be a covenant running with the land and with title to the land, and shall remain in full force and effect as a covenant with title to the land, unless or until released of record by the City of Iowa City. The parties further acknowledge that this agreement shall inure to the benefit of and bind all successors, representatives, and assigns of the parties. 6. The Owner acknowledges that nothing in this Conditional Zoning Agreement shall be construed to relieve the Owner or Applicant from complying with all other applicable local, state, and federal regulations. 7. The parties agree that this Conditional Zoning Agreement shall be incorporated by reference into the ordinance rezoning the subject property, and that upon adoption and publication of the ordinance, this agreement shall be recorded in the Johnson County Recorder's Office at the Owner's expense. Dated this 16th day of July , 20 lg City of Iowa City / 6, �N Ji Throgmorton, Ma or COPOMAttest: wil I •., II, v / Approved by: l� ,x4-��,� , City Attorney's Office 47 5 State of Iowa ) ) ss: Johnson County ) City of Iowa City Acknowledgement: This instrument was acknowledged before me on Throgmorton and Kellie Fruehling as Mayor and City Clerk, Notary Public in 4,;011[4 CHRISTINE OLNEY _ommission Numbere08232 (Stamp or Sea]) �m E�res W ppdadm/agt/dran rezl8-00079_ wchab murt.dw 3 20LI by Jim of the City of Iowa City. sold, redeveloped, or subdivided, all redevelopment will conform with the terms of this Conditional Zoning Agreement 5. The parties acknowledge that this Conditional Zoning Agreement shall be deemed to be a covenant running with the land end with title to the land, and shall remain In full force and effect as a covenant with title to the land, unless or until released of record by the City of Iowa City. The parties further acknowledge that this agreement shall Inure to the benefit of and bind all successors, representatives, and assigns of the parties. 6. The Owner acknowledges that nothing in this Conditional Zoning Agreement shall be construed to relieve the Owner or Applicant from complying with all other applicable local, state, and federal regulations. 7. The parties agree that this Conditional Zoning Agreement shall be Incorporated by reference into the ordinance rezoning the subject property, and that upon adoption and r ' "ipu6l oafkiwof `t6i orgln nee, this agreement shall be recorded in the Johnson County "R@Coi4lers:'Offigd' `�titW.Owner's expense. Dated -this day' cf" "" ,20„_. City of Iowa City M&W Properties, L.L.C. I Jim Throgma on, ayor By: (7reg l-ooitV /A I OL')JIQP Attest: By: Approved bk. City Attorney's Office 4, /3/ 9 City of Iowa City Acknowledgement: State of Iowa j ) Be: Johnson County ) This instrument was ooknowledukd before Xe on 20_ by Jim Throgmorton and Kellie Freehling as Maygraqd City Clerk, respectively, of the City of Iowa City. :�7�liZ:SiC�SS'r7 (Stamp or ppdadMaplM,afLee�r¢7&00018_ mAa�amLdoo 3 M & W Properties LLC Acknowledgment: State of -�LA- County of _ zYtLASCn This record was acknowledged before me on Ulo/ Iq aotq (Date) by C"re5 O)e- Q hC,n (Name(s) of individual(s) as (type of authority, such as officer or trustee) of M am Properties I.I.C. Notary Public in and for the State of Iowa (Stamp or Seal)WO7� KWOTA M 1 UIMEWM Title (and Rank) My commission expires:_ fie, c>4I X19 ppdede✓aBVCrefl'r:eJeat&OOO7D__aaliar�mundee Exhibit A Legal Description Commencing at a point on the north line of Lot 10, Block 4, Cartwright's Addition to Iowa City, Iowa, which point if 50 feet west of the northeast corner of said Lot 10, thence north 15 feet, thence west 160 feet to the west line of vacated Olive Street, thence south 157.5 feet, thence east 217.5 feet, thence north 28.5 feet, thence west 57.5 feet, thence north 114 feet to the place of beginning; Excepting therefrom the following described tract, to -wit: Commencing at a point which is 15 feet north and 105 feet west of the northeast corner of Lot 10, Block 4, Cartwright's Addition to Iowa City, Iowa, according to the recorded plat thereof, thence west 105 feet, thence south 157.5 feet, thence east 105 feet, thence north to the place of beginning. Also excepting the following: Commencing at a point 15 feet north and 50 feet west of the northeast corner of Lot 10, Block 4, Cartwright's Addition to Iowa City, Iowa, thence 129 feet south to the point of beginning, thence east 57.5 feet, thence south 28.5 feet, thence west 57.5 feet, thence north to the point of beginning. and The East 52.5 feet of the following described property: Commencing at a point which is 15 feet North and 105 feet west of the Northeast corner of Lot 10, Block 4, Cartwright's Addition to Iowa City, Iowa, according to the recorded plat thereof; thence from the point of beginning West 105 feet, thence South 157.5 feet, thence East 105 feet, thence North to the place of beginning. and Commencing a point 15 feet north and 157.5 feet west of the northeast corner of Lot 10, Block 4, Cartwright's Addition to Iowa City, Iowa, according to the recorded plat thereof, thence west 52.5 feet, thence south 157.5 feet, thence east 52.5 feet, thence north to the point of beginning. and Auditor's Parcel 2001-007 according to the plat thereof recorded in Book 42, Page 274, Plat Records of Johnson County, Iowa. and Auditor's Parcel 2001-008 according to the plat thereof recorded in Book 42, Page 274, Plat Records of Johnson County, Iowa, and Affidavit Pertaining to Plat of Survey recorded in Book 3224, 271, in the Records of Johnson County, Iowa. and Lot 3, Block 4, Cartwright's Addition to Iowa City, Iowa, according to the recorded plat thereof. and That portion of the East Half of the North and South alley adjacent to Lot 3 in said Block 4 as originally platted which has now been vacated and Excepting therefrom Auditor's Parcel 2007109 as shown on the Plat recorded in Book 52, Page 196 of the records of the Johnson County Recorder and Together with the following described real estate: Commencing at a point 15 feet north and 50 feet west of the northeast corner of Lot 10, Block 4, Cartwright's Addition to Iowa City, Iowa, according to the plat thereof recorded in Book 13, Page 432, Deed Records of Johnson County, ppdadMagWraft cza_rezIM0019=_orchard court.doc 5 Iowa, thence 129 feet south to the point of beginning; thence east 57.5 feet; thence south 28.5 feet; thence west 57.5 feet; thence north to the point of beginning. and Lot 4, Block 4, Cartwright's Addition to Iowa City, Iowa, according to the recorded plat thereof. and That portion of the East Half of the North and South alley adjacent to Lot 4 in said Block 4 as originally platted which has now been vacated and Auditor's Parcel 2007109 as shown on the Plat recorded in Book 52, Page 196 of the records of the Johnson County Recorder. and except Auditor's Parcel 2007108 as shown on the Plat recorded in Book 52, Page 196 of the records of the Johnson County Recorder. and Lot 5, Block 4, Cartwright's Addition to Iowa City, Iowa, according to the recorded plat thereof. and That portion of the East Half of the North and South alley adjacent to Lot 5 in said Block 4 as originally platted which has now been vacated. and Auditor's Parcel 2007108 as shown on the Plat recorded in Book 52, Page 196 of the records of the Johnson County Recorder. and That part of South Riverside Court in Iowa City, Johnson County, Iowa described as follows Beginning at the southwest corner of Lot 7, Orchard Court Subdivision (Final Plat recorded in Plat Book 16, Page 29 at the Johnson County Recorder's Office); thence South 87°26'06" East 309.37 feet along the south line of said Lot 7 and the south line of Lot 8 of said Orchard Court Subdivision to the southwesterly right-of-way of Orchard Court; thence southeasterly 80.27 feet along said right-of-way and along the arc of a 125.00 foot radius curve concave northeasterly (chord bearing South 68057'45" East 78.89 feet) to a point of intersection with a northerly line of Auditor's Parcel 2001007 (Plat of Survey recorded in Plat Book 42, Page 274 at the Johnson County Recorder's Office); thence North 0013'34" East 15.01 feet along a line of said Auditor's Parcel 2001007; thence North 87°26'06" West 256.51 feet along a north line of said Auditor's Parcel 2001007, also being 15 feet in perpendicular distance north of the north line of Lot 10 of Block 4 of Cartwright's Addition (Final Plat recorded in Plat Book 3, Page 207 at the Johnson County Recorder's office, to a point of intersection with an easterly line of Gilbin's Subdivision (Final Plat recorded in Plat Book 4, Page 241 at the Johnson County Recorder's Office); thence North 3°07'21" East 10.00 feet to the point of beginning and containing 4,482 square feet more or less. ppdadnVagVdraft = r z1MG019_ oMhaN_=d.dm Exhibit B Concept Plan ppdatlMagWrzft_va_rez1B-00079_-_orchard court.doc 7 concept Benton Street rendering as part of comprehensive plan amendment - July 5, 2016 M & W Properties 08,31.2018 Orchard District - Rezoning to Iowa Riverfront Crossings SHIVEFIATTERY 204 West Benton Street, Iowa City, Iowa „ , , . 11 pedestrian street - neighborhood park setting JL WIML."S incr@M%TFTMMTTMM%Mtba( ............ Doc ID: 027460050015 Type: GEN Kind: RESOLUTION Recorded: 08/12/2019 at 02:35:20 PM Fee Amt: $77.00 Pape 1 of 15 Johnson County Iowa Kim Painter County Recorder aK5943 PG301-315 4� STATE OF IOWA ) ) SS JOHNSON COUNTY ) i r r 4d City Of Vk% 040t 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. 19-202 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 6th day of August 2019, all as the same appears of record in my office. Dated at Iowa City, Iowa, this 9th day of August 2019. Kellie It Fruehling City Clerk fires 410 EAST WASHINGTON STREET • IOWA CITY, IOWA 52240-1826 • (319) 356-5000 • FAX (319) 356-5009 1� Prepared by: Kimberly Sandberg, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5139 Resolution No. 19-202 Resolution authorizing the Mayor to sign and the City Clerk to attest an agreement between the City of Iowa City and Southwestco Wireless, Inc., d/b/a Verizon Wireless, for use of public right-of-way for the installation, operation and maintenance of electrical transmission lines to facilitate operation of small wireless facilities. Whereas, Southwestco Wireless, Inc., d/b/a Verizon Wireless, desires to install buried electrical lines within City of Iowa City public rights-of-way to facilitate its desire to install small wireless facilities on poles within the right-of-way; and Whereas, the City of Iowa City desires to enter into an agreement with Southwestco Wireless, Inc. providing for the use of the public right-of-way; and Whereas, it is in the public interest to enter into an agreement with Southwestco Wireless, Inc. concerning the responsibility for the installation and maintenance of the facilities installed within the right-of-way. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that The attached agreement between the City of Iowa City and Southwestco Wireless, Inc. to use certain public rights-of-way as set out in said agreement for the placement of electrical lines is in the public interest, and is hereby approved as to form and substance. 2. The Mayor is authorized to execute and the City Clerk to attest the attached agreement, on behalf of the City of Iowa City, Iowa, and the City Clerk is hereby directed to record the resolution and agreement in the Johnson County Recorder's Office, at Southwestco Wireless, Inc.'s expense. Passed and approved this 6th day of August 2019 r POM11 F M ',S Al Approved by Attest: �' / City Clerk City Attorney's Office -7 d' � It was moved by Cole and seconded by Teague the Resolution be adopted, and upon roll call there were Ayes: X X X X X X Nays: Absent: Botchway Cole Mims Salih Taylor Thomas Throgmorton tc.11 AN AGREEMENT BETWEEN THE CITY OF IOWA CITY, IOWA AND SOUTHWESTCO WIRELESS, INC., D/B/A VERIZON WIRELESS, FOR USE OF PUBLIC RIGHT-OF-WAY FOR THE INSTALLATION, OPERATION AND MAINTENANCE OF ELECTRICAL TRANSMISSION LINES TO FACILITATE OPERATION OF SMALL WIRELESS FACIILITIES. Whereas, Verizon Wireless desires to install certain small cell wireless facilities within public right-of-way; and Whereas, in order to operate said small wireless facilities, Verizon Wireless must connect to electricity and fiber optic services; and Whereas, Verizon Wireless now desires to enter into an agreement with the City for the provision of electrical transmission lines to their facilities; and Whereas, Verizon Wireless does not intend to extend fiber optic to their facilities, but rather rely upon a third party to do so pursuant to a separate agreement with the City; and Whereas, the City of Iowa City, Iowa is responsible for the care, supervision, and control of public right-of-way; and Whereas, the Department of Public Works has reviewed the request to extend electrical service to certain proposed small wireless facilities on public right-of-way, and finds such use to be a minimal intrusion into the public right-of-way and is in the public interest. NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS: SECTION 1. DEFINITIONS a. "City" shall mean the City of Iowa City, Iowa and, where appropriate, shall include its officers, employees and agents. b. "Electrical System" shall mean those cables, underground conduits, handholes, vaults, and electrical lines necessary for the provision of electricity to a Small Wireless Facility owned, operated, leased, or subleased by Network. c. "Public Improvements" shall mean any publicly-owned improvements on public property, including but not limited to paving, sidewalks, grass, vegetation, trees, street lights, traffic signals, water mains, sewers, electrical transmission lines and equipment related thereto, cable and telephone lines and equipment related thereto. d. "Network" shall mean Southwestco Wireless, Inc., d/b/a Verizon Wireless, a company registered to do business in the state of Iowa. e. "Small Wireless Facility" shall mean a wireless facility that meets the following requirements: I ) Each antenna is no more than six cubic feet in volume; 6 2) (a) All other equipment associated with the small wireless facility is cumulatively no more than twenty-eight cubic feet in volume; (b) For purposes of this subparagraph, volume shall be measured by the external displacement of the primary equipment enclosure, not the internal volume of such enclosure. An associated electric meter, concealment, telecommunications demarcation box, ground-based enclosures, battery backup power systems, grounding equipment, power transfer switch, cutoff switch, cable, conduit, and any equipment that is concealed from public view within or behind an existing structure or concealment may be located outside of the primary equipment enclosure and shall not be included in the calculation of the equipment volume. "Small wireless facility" includes a micro wireless facility as defined in Iowa Code Section 8C.2(10), and, for purposes of this Agreement only, also includes any structure that supports or houses equipment necessary to operate a small wireless facility. f "Wireless facility" means equipment at a fixed location that enables the transmission of wireless communications or information of any kind between user equipment and a communications network, except that "wireless facility" does not include coaxial or fiberoptic cable service lines leading to the applicable structure. SECTION 2. BASIC GRANT In accordance with this Agreement, Network is hereby granted a license to construct, maintain, inspect, protect, repair, replace and retain the Electrical System in, under, upon, along and across the public right-of-way shown and identified in Exhibit A hereto, which may be amended from time to time upon approval of the Public Works Director, with approval to not be unreasonably withheld, subject to the regulatory powers of the City, including the permitting process and any permit conditions not precluded by law. This Agreement shall in no way limit or waive either party's present or future rights under laws. If, after the date of this Agreement, the rights or obligations of either Party are materially altered, clarified, preempted, or superseded by changes in applicable laws, the parties agree to amend the Agreement to reflect such changes in laws. SECTION 3. PLAN APPROVAL A. In the event Network desires to install or repair any component of the Electrical System in public right-of-way locations designated on Exhibit A, Network shall, prior to commencing any such work, except for emergency repairs, obtain an excavation permit in accordance with Sections 4 and 6 below. B. In the event Network desires to install, extend, expand or repair any component of its Electrical System to public right-of-way locations not shown on the attached Exhibit A, Network shall submit a written request to the City detailing the requested modification to Exhibit A, showing the additional sites, if appropriate, and detailed plans and specifications for the work necessary to perform the proposed installation, extension, expansion or repair to the Electrical System. The Public Works Director is hereby authorized to approve requests to install, extend, expand or repair Network's Electrical System within public right-of-way in locations other than those shown on Exhibit A, in accordance with this Agreement, the Iowa City Code of Ordinances, and the laws of the state of Iowa. 1� C. Prior to installation of any Small Wireless Facility, the Network shall obtain approval of a "Small Wireless Facility Within Right -of -Way Application" by the Public Works Director, which approval shall be in compliance with state law. D. If the proposed location of any Electrical System component shall interfere with the reasonable and proper use, construction, reconstruction and maintenance of any public improvement, any existing City -owned public utility system component, or other structure upon or under public property, the Director of Public Works shall note the changes necessary to eliminate interference and refer the same back to the Network for modification to the plans. SECTION 4. EXCAVATION PERMIT, EMERGENCY REPAIRS Prior to any excavation for the installation, repair, expansion or extension of the Electrical System within the right-of-way, the Network shall obtain an excavation permit. In making such excavations, Network shall not unnecessarily obstruct the use of streets, avenues, alleys or public places; shall provide the Public Works Director with at least twenty- four (24) hours' notice prior to the actual commencement of the work; and shall comply with all City provisions, requirements and regulations in performing such work. The Network shall provide a three (3) business day notice to the Public Works Director for any work requiring a street closure, or any portion thereof, or detour, except in the event of emergencies. 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 Director for a permit on the first working day after such work is commenced. All notices required under this Section 4 may be provided by Network via phone call to City at 319-356-5140 and email correspondence to Public Works Director and the Public Works Coordinator. SECTION 5. NETWORK CONTRACTORS This agreement shall be binding upon and apply to all persons, firms or corporations performing work authorized under this Agreement for the Network pursuant to a contract, subcontract, time and materials arrangement or any other type of work order. SECTION 6. CONDITIONS OF STREET OCCUPANCY, ONE -CALL SYSTEM The Electrical System installed by the Network within the City right-of-way pursuant to this agreement shall conform to established grades of streets, alleys and sidewalks, and be located as to cause minimum interference with the rights or reasonable convenience of adjacent property owners, pedestrian and vehicular traffic, the Electrical System shall be installed in a location and manner as to cause as minimal disruption and occupation of the right-of-way as possible and shall connect to the nearest electrical supply source and shall abide by scheduling directions, if any, given by the Director of Public Works. The Network shall not place its facilities in the public right-of-way where the same will interfere with the normal use or maintenance of any public improvement, including but not limited to streets, alleys, sidewalks, traffic control devices, sanitary sewers, storm sewers, storm drains or water mains, electrical transmission lines or any public utility facility. Network shall maintain a five (5) 1'� foot minimum horizontal clearance from any public utility, including water mains, storm sewers, sanitary sewers, and storm drains. The Network shall not place identification signs within the public right-of-way, except of those required by the Federal Communications Commission. Any excavation or obstruction made or placed in public property at any time or for any purpose, whether the work is done pursuant to an excavation permit or in an emergency, by Network shall, to protect the public and assure the safe and efficient movement of traffic, be properly barricaded to comply, at a minimum, with requirements set forth in the Manual on Uniform Traffic Control Devices, as amended. All pavement removed or damaged shall be properly and speedily replaced in accordance with the City's regulations, City's Municipal Design Standards and Standard Construction Specifications with the workmanship warranted for a period of five years. As a condition to the use of public right-of-way, Network shall, at its own expense, repair or cause repair to be made to any private or public property damaged by Network. Installation, repair, or replacement work completed by the Network on any facilities requiring excavation shall require Network to restore and replace surface vegetation with conformance with City ordinances, including Code Section 16-11), and in accordance with standard local practices. Network shall repair or arrange with the City for the proper repair of any public property disturbed by Network within thirty days after the Network's work within the right-of-way is complete. If the Network fails to do so after thirty days' notice in writing to do so given to its designated representative, then the City may make such repairs at the expense of Network. Upon request, the Network agrees to assist in locating underground facilities which are part of its system. Such assistance will be provided in a timely manner, but not more than forty-eight hours after the time of request. As a condition of this agreement, the Network shall enroll as a member of the "Iowa One -Call System" and shall respond to all requests and notifications placed to the toll-free "One -Call" number. SECTION 7. RELOCATION OBLIGATION The Network shall, upon reasonable notice not less than 90 days and at its sole cost and expense, remove, locate and relocate its Electrical System in, on, over or under public property in such manner as the City may at any time require for the purpose of facilitating the construction, reconstruction, maintenance, repair or change in grade of any public improvement on, in or about any such public property, for the purposes of facilitating -the -vacation and/or redevelopment of public property by the City. In the event the Network fails to act within a reasonably allocated time, the City may cause the Network facilities to be relocated, and the costs thereof shall be to the Network and shall be paid as provided in Section 11 hereof. Claims for delay of work from contractors employed by the City that are a result of Network's failure to act within a reasonable time shall be the responsibility of the Network. In the case of public improvement projects, reasonable time shall be defined as the six-week period from the date of the City Council public hearing on the plans and specifications for the project. SECTION 8. ABANDONED FACILITIES The Network shall notify the City if it intends to abandon its facilities. Within 180 days of abandonment, the Network shall remove manholes, handholes, vaults, overhead facilities and 1� equipment related hereto from the right-of-way, unless this requirement is waived by the Director of Public Works. SECTION 9. POWERS OF CITY OF IOWA CITY Nothing in this agreement shall be construed to abridge the right or power of the City to make further regulations relative to the use of the streets, alleys and public property by anyone using the same for the installation and maintenance of utility systems, including, but not limited to, fees for use of public property provided it does not conflict with state law. Any such further regulations shall apply to Network and to this agreement. The City reserves the right to lay, and permit to be laid, wires, pipes, cables, conduits, ducts, manholes and other appurtenances, and to do, or permit to be done, any underground and overhead installation of improvement that may be deemed necessary or proper by the City in, across, along, over or under any public property occupied by the Network, and to change any curb or sidewalk or the grade of any street. In permitting others to do such work, the City shall not be liable to the Network for any damages arising out of the performance of such work by third parties. Nothing in this agreement shall be construed to relieve other persons or corporations from liability for damage to the Network's communications system. SECTION 10. PLANS AND COORDINATION Upon completion of any work done within the right-of-way pursuant to this Agreement, the Network shall promptly furnish to the City copies of "as -built" plans related to its Electrical Systems located on public property. The Network shall keep complete and accurate maps and records of the locations and operations of its Electrical System facilities including buried abandoned facilities, in connection with this agreement. SECTION 11. VIOLATIONS OF AGREEMENT Upon evidence being received by the City that a violation or breach of this agreement is occurring or has occurred or that a violation of codes or ordinances lawfully regulating the Network in the operation of its Electrical System or the manner of use of public property either is occurring or has occurred (hereinafter referred to as a "default"), the City shall cause an investigation to be made. If the City finds that a default exists or has occurred, the City may take appropriate steps to secure compliance with the terms of this agreement or the codes or ordinances. The City shall give written notice to the Network of the default, and the Network shall cure such default within sixty (60) calendar days after receipt of such notice; provided, however, where any such default cannot reasonably be cured within such sixty (60) day period, and Network shall proceed promptly to cure the same and prosecute such cure with due diligence, the time for curing such default shall reasonably be extended for such period of time as may be necessary to complete such cure. 15 If the City determines, in City's reasonable discretion, that a violation or breach of this agreement or codes or ordinances lawfully regulating the Network in the operation of its communications system is an immediate danger to public health, safety or welfare and requires immediate action, the City may provide written notice of said determination to Network and immediately remedy the default by doing the act itself or through a contractor, and charge the costs of such work to the Network. If the Network fails to cure a default within the time allowed, the City shall have the right to: i. seek specific performance; or ii. remedy the default by doing the act itself or through a contractor, and charge the costs of such work to the Network; or iii. seek damages of such default; or iv. any combination of (i), (ii) and (iii). This Agreement shall be interpreted and enforced in accordance with the laws of the State of Iowa. Any legal proceeding instituted with respect to this Agreement shall be brought in a court of competent jurisdiction in Johnson County, Iowa or the Southern District of Iowa. The parties hereto hereby submit to personal jurisdiction therein and irrevocably waive any objection as to venue therein, including any argument that such proceeding has been brought in an inconvenient forum. SECTION 12. LIABILITY, INDEMNIFICATION AND INSURANCE The Network covenants to indemnify, defend and save the City and its officers, agents and employees, harmless from any and all damages arising directly from the exercise of the rights granted herein. The Network agrees to require contractors and subcontractors engaged in work for the Network authorized by this Agreement to maintain insurance coverage during the term of their work and to provide the City with certificates of insurance satisfactory to City. SECTION 13. SEVERABILITY In the event a court of competent jurisdiction shall adjudge any provision or provisions hereof invalid or illegal, or direct a change by the Network in any matter or thing herein contained, such invalidity, illegality or change shall be deemed severable and shall in no way affect the remaining provisions of this agreement or their validity or legality and this agreement in all other respects shall continue in full force and effect as if said provision or provisions had not been so adjudged invalid or illegal, or such change had not been directed. At the City's option, and upon a court's ruling of invalidity or illegality, the City may cause this agreement to be terminated. SECTION 14. ASSIGNMENT Neither party shall assign or otherwise transfer this agreement or any of its rights and interest to any firm, corporation or individual, without the prior written consent of the other party. I SECTION 15. TERMINATION OF AGREEMENT AND VACATION OF STREETS AND ALLEYS The City may terminate this Agreement at any time upon sixty (60) days' notice provided to the Network if the City determines that the property or public right-of-way is needed for a public purpose and should be cleared of any and all obstructions. When not in conflict with other City purpose, need, or use, as long as the Network exercises the rights granted to it hereunder, the City will not, by ordinance or otherwise, vacate any street, alley or public property in which the Network has installed its facilities without reserving such rights as necessary to allow continued use of such property for the said Electrical System in accordance with the terms of this agreement, provided that nothing herein shall limit the City's right to require the Network to relocate its facilities as provided in Section 7 hereof. SECTION 16. DELIVERY OF NOTICES Except as may be expressly provided herein, any notices hereunder shall be in writing and shall be delivered via certified mail or by commercial courier, provided the courier's regular business is delivery service and provided further that it guarantees delivery to the addressee by the end of the next business day following the courier's receipt from the sender, and addressed as follows, unless indicated otherwise in the future: If to City: Public Works Director City of Iowa City 410 E. Washington Street Iowa City, IA 52240 319-356-5140 If to Network: Southwest Wireless, Inc. d/b/a Verizon Wireless Attention: Network Real Estate 180 Washington Valley Road Bedminster, New Jersey 07921 With copy to: Southwestco Wireless, Inc. 10801 Bush Lake Road Bloomington, MN 55438 952-946-4700 In case of an emergency, notices may be given verbally to the above-named persons with timely subsequent written confirmation. Specifically in the event notice must be tendered on an emergency basis to Network, verbal notice may be given to Network's emergency number 800- 254-6620. Nothing contained herein shall prevent other forms of notice if actually received by addressee. Notice shall be deemed given on date of mailing in case of certified mail, or otherwise on the date actual notice is received. I 5 SECTION 17. RECORDATION This agreement shall be recorded in the Johnson County Recorder's Office, at the Network's expense. Dated this 6th day of August 2019. CITY OF IOWA CITY J mes A. Throgmorton, Mayor SOUTHWESTCO ESS, INC. d/b/a Verizon Wireless By: Print Name: Attest: City Clerk Approved by: �) 'City Attorney's Office Rommel Angeles [OkVUI�It�EPI IS CITY OF IOWA CITY ACKNOWLEDGMENT STATE OF IOWA ) ) ss: JOHNSON COUNTY ) This record was acknowledged before me on thisj�day of._�(Av� , 2019, by James A. Throgmorton and Kellie Fruehling, as Mayor and City Clerk, respectively, of the City of Iowa City, Iowa, a municipal corporation. - CHRISTINE;6LNEY Commyype NMayer 808232 � My commission Expires ow STATE OF fi�� 0 Notary Public in and for the State of Iowa My commission expires: 0161" NETWORK ACKNOWLEDGMENT ) ss: COUNTY) This record was acknowledged before me on this day of "' 2019 by A_2 /7 (name(s) of individuals) as Director -Network Field Engineering S (type of authority, such as officer or trustee)l� e� Wireless, Inc. Notary Public in and for the State of My commission expires: YANGfmlicesota Expires2023 15 Exhibit A Areas of Right -of -Way Use (see attached map and information) I� W., -i p fill rmw! Site Name Latitude Longitude Approximate Address Mormon Trek SCl 41°39'07.21" 91034'41.79" 734 Westwinds Dr 18-011 Mormon Trek SC2 41039'12.82" 91°34'35.27" 2651 Roberts 18-012 Mormon Trek SC4 41°38'50.13" 91°34'45.91" 1316 Emily Ct 18-014 Mormon Trek SCS 41039'10.71" 91°35'06.45" 1181 Tipperary Rd 18-015 Mormon Trek SC6 41°39'15.41" 91°35'22.76" 506 Galway Dr 18-016 Mormon Trek SC7 NE Corner of Melrose & 41°39'25.86" 91°34'58.91" 18-010 Hawkeye park Rd Villa Park SC4 A 41°39'15.48" 91034'9.15" 408 McBride Rd 18-018 Villa Park SC6 A 41°38'50.42" 91°33'53.95" 1804 Graslon St 18-020 Willow Creek SCI 41°38'38.07" 91033'36.15" 8 Wrexham 18-021 Willow Creek SC2 41°38'52.74" 91°33'33.38" 68 Arbury Dr 18-022 Willow Creek SC3 41°38'40.90" 91°34'3.69" 1330 Teg Dr 18-023 Willow Creek SC4 41°38'44.98" 91034'22.42" 2340 Cae Dr 18-024 Willow Creek SC5 41°38'29.11" 91°34'19.93" 2259 Plaen View Dr 18-025 Willow Creek SC6 41°38'20.14" 91°34'01.04" 1974 Jeffrey St 18-026 IAC DT Iowa City SC1SW Corner of Clinton 41° 39' 39.95" 91° 32'05.01" 18-039 St. & Iowa Avenue IAC DT Iowa City SC2 41° 39' 38.94" 91° 32' 53.51" 22 S. Lynn St. 18-040 IAC DT Iowa City SO 41° 39 38.41 91° 31'59.53" 17 S Dubuque St. 18-041 IAC DT Iowa City SC6 41° 39' 27.68" 91° 31'22.85" 823 E Burlington St. 18-043 IAC DT Iowa City SC10 41039'31.81" 91'31'536;T200 . S. Linn St. 18-042 1� 'IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Doc ID: 027486120017 Type: GEN r Kind: SUBDIVISION ,Recorded: 09/09/2019 at 10:45:33 AM Fee Amt: $87.00 Pape 1 of 17 f Johnson County Iowa Kim Painter County Recorder l BK5954 PG364-380 -�.'. ' CITY OF IOWA CITY 410 East Washington Street Iowa City. Iowa 52240-1826 (319) 356-5000 09 FAX STATE OF IOWA ) www. gov.or356-S 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. 19-174, which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 2nd day of July 2019, all as the same appears of record in my office. Also attached are the final legal documents for Capital Subdivision, Iowa City, Iowa. Dated at Iowa City, Iowa, thisLoo day of 2019. Qj jfjWA • V I•Y CORPORATE SPAS - Kellie . Fruehling City Clerk fires subdivision k Prepared by: Jade Pederson, Planning Intern, 410 E. Washington St., Iowa City, IA 52240 (SUB19-2) Resolution No. 19-174 Resolution Approving the Preliminary and Final Plats of Capital Subdivision, Iowa City, Iowa. Whereas, the owner, Allen Development, L.L.C. filed with the City Clerk the preliminary and final plats of The Capital Subdivision, Iowa City, Iowa, Johnson County, Iowa; and Whereas, said subdivision is located on the following -described real estate in Iowa City, Johnson County, Iowa, to wit: AUDITOR'S PARCEL 2018120 IN THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 36, TOWNSHIP 80 NORTH, RANGE 6 WEST, OF THE FIFTH PRINCIPAL MERIDIAN, IOWA CITY, IOWA, IN ACCORDANCE WITH THE PLAT THEREOF RECORDED IN PLAT BOOK 62 AT PAGE 400 OF THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE. Whereas, the Neighborhood and Development Services Department and the Public Works Department examined the proposed 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 Whereas, said final plat is found to conform with Chapter 354, Code of Iowa (2019) 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 plats located on the above-described real estate be and the same are hereby approved. 2. The City accepts the dedication of easements as provided by law. 3. The Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed, upon approval by the City Attorney, to execute all legal documents relating to said subdivision, and to certify a copy of this resolution, which shall be affixed to the final plat after passage and approval by law. The City Clerk shall record the legal documents and the plat at the office of the County Recorder of Johnson County, Iowa at the expense of the owner/subdivider. 0 L Resolution No. 19-174 Page 2 Passed and approved this 2nd day of July / , 2019, MjKor Approved by Attest: �cr to ✓"rh[t.,'I unw1 4"xe l... City Clerk City Attorney's Office It was moved by Thomas an seconded adopted, and upon roll call there were: Ayes: Nays: by Teague the Resolution be Absent: _ Cole _ Mims x Salih Taylor _ Teague _ Thomas Throgmorton pMAemplaleolCD"lnod Prellm and Final Plat- ResoWtlan.dac.tloa 1 e lv SUBDIVIDER'S AGREEMENT CAPITAL SUBDIVISION IOWA CITY, IOWA THIS AGREEMENT made by and between Allen Development LLC, hereinafter called "Subdivider", and the City of Iowa City, Iowa, a municipal corporation hereinafter called the "City". IT IS HEREBY AGREED AS FOLLOWS: Section 1. Public improvements. In consideration of the City approving the Plat of Capital Subdivision, Iowa City, Iowa, hereinafter "the Subdivision", Subdivider agrees as a covenant running with the land as follows: A. Subject to Section 6, the City shall not issue a Building Permit for the lot in the subdivision unless and until water mains and sanitary sewers, hereinafter "Improvements", have been installed in the subdivision as required by the City's Subdivision Ordinance, and until said improvements have been accepted by the City, and subdivision erosion control measures have been installed as required by the City under its ordinances. Subdivider shall install a pedestrian crossing on Moss Ridge Road, and pedestrian ramps on both the north and south sides of Moss Ridge Road according to plans and specifications approved by the City Engineer prior to the issuance of certificate of occupancy. Nothing in this Agreement shall be construed to impose a requirement on the City to install the original improvements at issue herein. Nor shall Subdivider be deemed acting as the City's agent during the original construction and installation of said improvements. The parties agree that the obligation to install the improvements herein shall be in accordance with City specifications, and the obligation to install said improvements shall remain with Subdivider until completion by Subdivider, and until acceptance of the improvements by the City, as provided by law. Section 2. Storm Water Man Prior to the issuance of any certificate of occupancy, Subdivider shall install storm water management facilities ("Facilities") on -site according to a plan approved by City staff. �Le Subdivider agrees that the duty to maintain the Facilities shall remain on the Owner and Subdivider and their successors and assigns in interest, including a not for profit Owners Association formed in part for that purpose. Said maintenance shall comply with the City's Storm Water Management Ordinance, Title 16, Chapter 3, Article G, as amended. Section 3. Construction of Improvements. All Improvements described in Section 1 and Section 2 of this Agreement shall be constructed and installed by 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 is in compliance with said plans and specifications. Section 4. Sidewal Subdivider agrees to install sidewalks abutting the platted lot in the subdivision adjacent to Highway 1 and Moss Ridge Road. Said sidewalk shall be at least 10 feet in width adjacent to Highway 1 and 5 feet in width adjacent to Moss Ridge Road. Said sidewalks shall be constructed according to specifications approved by the City Engineer of the City of Iowa City, Iowa. The sidewalks shall be installed in the Subdivision covered by this Agreement as required by Sections 14-1C-1, 2 and 3 and Section 14- 7C-5, Iowa City Code of Ordinances, and shall remain a lien on the abutting platted lot until installed and released by the City, and the Release duly recorded in the Johnson County Recorder's office. Subdivider, or its successor(s), shall install the sidewalk abutting the platted lot when it is developed. Section 5. Building Permits and Escrow Monies. In the event Subdivider or its assigns or successors in interest should desire a building permit on any lot in the Subdivision before the improvements have been installed, Subdivider or its assigns or successors in interest shall deposit with the City Finance Department, in escrow, an amount equal to 110% of the estimated cost of said Improvements as determined by the City Engineer (hereinafter "Improvements Escrow"). JU 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 Subdivider or its assigns or successors in interest, as the case may be, to construct and install the Improvements as stated in Section 1. Section 7. Use of Escrow Monies. I£, 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 Subdivider any Improvements Escrow monies not used by the City for the construction and installation of such improvements. Section 8. Waiver. If Subdivider sells the lot in said subdivision without constructing or installing the Improvements and Facilities; or if Subdivider fails to construct sidewalks required in Section 4 hereof, the City shall have the right to install and construct said Improvements, Facilities, or sidewalks. Subdivider acknowledges and agrees that the lot in the subdivision is specifically benefitted by the Improvements so that the cost of the installation shall be a lien and charge against the lot in the subdivision. The cost of Improvements and Facilities need not meet the requirements of notice, benefit or value as provided by the law of the State of Iowa for assessing such improvements. The cost of installing the sidewalks, shall be a lien and charge only against the lot. It is further provided that these requirements to construct the Improvements, Facilities, and sidewalks shall remain a lien against the lot 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 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. A separate sidewalk lien release shall be issued for the lot when appropriate. The City Manager or designee is hereby authorized to execute the releases contemplated by this section. This section also authorizes the execution of one or more Limited Release Agreements, based on the use of escrows for improvements as contemplated in Section 5 above, as may be acceptable to the City. Section 10 Restriction on Access to Highway 1. The lot in the Subdivision shall not have direct vehicular access to Highway 1. Section 11. Miscellaneous. A. Prior to issuance of a building permit, Subdivider shall Z pay $956.75 per acre, or $1,961.60, for a watermain extension fee. B. This site is subject to the City's floodplain management standards and Subdivider must confirm that the elevation of the site is above the elevation of the 500 -year floodplain established for the site prior to receiving site plan approval. C. Prior to the issuance of any certificate of occupancy, Subdivider shall close and remove the access road off of Highway 1. D. The principal building on the lot must occupy the corner of Moss Ridge Road and Highway 1. E. Prior to issuance of a building permit, Subdivider must submit a detailed landscaping plan for approval by the City Forrester to ensure development aligns with the City's goal of preserving and enhancing the entryways to the City. 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 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. Dated this 2nd day of Tt t. 2019. El SUBDIVIDER: Allen Development LLC By: jJee Alen, Manager CITY OF IOWA CITY, IOWA By: 4�— / ;�� Jig Throgmorton, M yor By: Kellie Fruehling City Clerk (s 1) El OWNER'S CERTIFICATE CAPITAL SUBDIVISION IOWA CITY, IOWA Allen Development LLC, requests approval of the subdivision known as Capital Subdivision as shown on the final plat thereof with which this document is recorded, which is a subdivision of: AUDITOR'S PARCEL 2018120 IN THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 36, TOWNSHIP 80 NORTH, RANGE 6 WEST, OF THE FIFTH PRINCIPAL MERIDIAN, IOWA CITY, IOWA, IN ACCORDANCE WITH THE PLAT THEREOF RECORDED IN PLAT BOOK 62 AT PAGE 400 OF THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE. The undersigned further states that the subdivision is made with the free consent and in accordance with the desire of the undersigned, owner of the land included within the subdivision. The easements within the boundaries of the subdivision are hereby dedicated to the public as provided for by Section 359.19 of the Code of Iowa (2019). Dated as of this 3ej day of Ju ✓o2 2019. Allen Development LLC By: 0"'— i Jeso Allen, Manager STATE OF IOWA ) )ss: JOHNSON COUNTY ) This instrument was acknowledged before me on this 32( day of Ju..no— , 2019, by Jesse Allen, Manager of Allen Development LLC. SUZANNE E. SHEBEK Commission Numbu 713257 NotaryLflublic in and for said State My Commission Expbtl z IOWA Odob®r 25, 2019 J CERTIFICATE OF COUNTY AUDITOR APPROVAL OF SUBDIVISION NAME CAPITAL SUBDIVISION IOWA CITY, IOWA I, Travis Weipert, Johnson County Auditor, approve the name Capital Subdivision for the subdivision of the property described as: AUDITOR'S PARCEL 2018120 IN THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 36, TOWNSHIP 80 NORTH, RANGE 6 WEST, OF THE FIFTH PRINCIPAL MERIDIAN, IOWA CITY, IOWA, IN ACCORDANCE WITH THE PLAT THEREOF RECORDED IN PLAT BOOK 62 AT PAGE 400 OF THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE. Dated as of this 7—rj— day of y ti.r , 2019. Travis Weipert County Auditor By: Deputy 16 CERTIFICATE OF COUNTY TREASURER CAPITAL SUBDIVISION IOWA CITY, IOWA I, Thomas L. Kriz, Johnson County Treasurer, certify that all real estate taxes and special assessments have been paid in full with reference to the property described as: AUDITOR'S PARCEL 2018120 IN THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 36, TOWNSHIP 80 NORTH, RANGE 6 WEST, OF THE FIFTH PRINCIPAL MERIDIAN, IOWA CITY, IOWA, IN ACCORDANCE WITH THE PLAT THEREOF RECORDED IN PLAT BOOK 62 AT PAGE 900 OF THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE. as of the date of this certificate. Dated as of this ,3 Rk day of June, 2019. Thomas L. Kriz, County Treasurer In Parcel No: 0736278002 Deputy ATTORNEY'S TITLE OPINION CAPITAL SUBDIVISION IOWA CITY, IOWA AUDITOR'S PARCEL 2018120 IN THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 36, TOWNSHIP 80 NORTH, RANGE 6 WEST, OF THE FIFTH PRINCIPAL MERIDIAN, IOWA CITY, IOWA, IN ACCORDANCE WITH THE PLAT THEREOF RECORDED IN PLAT BOOK 62 AT PAGE 400 OF THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE. I, Erek P. Sittig, state that I am a practicing attorney in the State of Iowa and that I have examined a complete abstract of title to the above-described property. The abstract of title has been continued to May 20, 2019, and as of that date the abstract shows that fee title to the above-described property is in Allen Development, LLC. The property is subject to mortgage in favor of Hills Bank and Trust Company, dated April 11, 2019, recorded April 17, 2019 in Book 5893, Page 754, in the records of the Recorder of Johnson County. s✓ Dated as of this 3� day of May, 2019. Lam= � Erek P. Sittig L UNDERGROUND UTILITY EASEMENT CAPITAL SUBDIVISION IOWA CITY, IOWA In consideration of the approval of the Final Plat of Capital Subdivision, the undersigned hereby grants to MidAmerican Energy, Centurylink Corporation, MediaCom Iowa, L.L.C., and the City of Iowa City, and their successors, (hereinafter "Grantees") a perpetual easement upon, over, under, along and across the areas marked upon the Final Plat of Capital Subdivision as "15' Utility Easement", 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 Grantor against unreasonable loss or damage which may occur in the negligent exercise of the easement rights granted herein. Grantor, its successors in interest and assigns, reserve the right to use said easement areas for purposes which will not interfere with the Grantees' full enjoyment of rights hereby granted; provided that Grantors shall not erect or construct any reservoir, fence, retaining wall or other obstruction on said areas, or diminish or substantially add to the ground cover over said easement 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 3^d day of *JUn.0 , 2019. 16 OWNER and GRANTOR: Allen Development LLC By:L Jes e Allen, Manager STATE OF IOWA )ss: JOHNSON COUNTY ) q J This instrument acknowledged before me this U day of JLLVIC. 2019, by Jesse Allen, Manager of Allen Development LLC. Notary P blic in and for the State of Iowa WIC UZANNE E. SHEBEKommission Number 713257My Commission Expires October 26.2019 MORTGAGEE CONSENT TO SUBDIVISION CAPITAL SUBDIVISION IOWA CITY, IOWA Hills Bank and Trust Company holds a mortgage recorded April 17, 2019, at Book 5893, Page 754, in the records of the Recorder of Johnson County, encumbering the property described below included within Capital Subdivision: AUDITOR'S PARCEL 2018120 IN THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 36, TOWNSHIP 80 NORTH, RANGE 6 WEST, OF THE FIFTH PRINCIPAL MERIDIAN, IOWA CITY, IOWA, IN ACCORDANCE WITH THE PLAT THEREOF RECORDED IN PLAT BOOK 62 AT PAGE 400 OF THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE. Hills Bank and Trust Company consents to the subdivision of the above-described property into Capital Subdivision and hereby releases any and all liens in favor of the Bank against those portions of the property dedicated to the public. Dated as of this 3�vd day of June, 2019. STATE OF IOWA ) )ss: Johnson COUNTY ) Bank and Trust Company im Smith, Senior Vice President, ommercial Banking This instrument was acknowledged before me on the 5 � day of J 2019, by Tim Smith, as Senior Vice President, Commercial Banking, of Hills Bank and Trust Company. .NcmSer 737591 G^ires E Notary Public in and for said State m Doc ID: 027486630006 Type: GEN Kind: RESOLUTION Recorded: 09/09/2019 at 12:03:26 PM Fee Amt: $32.00 Pape 1 of 6 Johnson County Iowa Kim Painter County Recorder 13K5954 PG469-474 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. 19-229 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 3rd day of September 2019, all as the same appears of record in my office. Dated at Iowa City, Iowa, this 5th day of September 2019. (ORPOMIE R Kellie K. Fruehling City Clerk fires 410 EAST WASIHNGTON 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, 3565030 Resolution No. 19-229 Resolution authorizing the Mayor to sign and the City Clerk to attest a sidewalk easement agreement and accepting the dedication thereof from ACT, Inc. Whereas, ACT, Inc. desires to install a sidewalk along the south side of North Dubuque Road from North Scott Boulevard to its main campus; and Whereas, during the course of designing the sidewalk to City standards, it was determined that the existing right-of-way was insufficient to accommodate an ADA compliant ramp and turning space in alignment with existing and planned sidewalks at the intersection of North Dubuque and North Scott; Whereas, because certain sidewalk features will be located outside of the right-of-way, an easement is needed so that the public has the right to use the portion of sidewalk that is on private property; and Whereas, the execution of said easement agreement is in the public interest and advances the public health, safety and welfare of the citizens of Iowa City, Iowa. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that: 1. The City does hereby accept the dedication of a sidewalk access easement as described in the attached "Off-site Permanent Sidewalk Access Easement" agreement. 2. The Mayor is hereby authorized to sign and the City Clerk to attest the attached easement agreement to effectuate this dedication. 3. The City Clerk is hereby authorized and directed to certify a copy of this Resolution and to record the same, along with the above -referenced easement agreement in the Johnson County Recorder's Office at the expense of ACT, Inc. Passed and approved this 3rd day of SeDtember 019. M or Attest: Approved by: Za, u /�u�•�,, rv�/fd�f�� City Clerk City Attorney's Office 5P 11 Resolution No. 19-229 Page 2 It was moved by Salih and seconded by Mims Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Cole x Mims x Sahh x Taylor x Teague x Thomas x Throgmorton the 11 Prepared by and Return to: Sara F.G. Hektoen, 410 E. Washington Street, Iowa City, Iowa 52240 319-331-4750 OFF-SITE PERMANENT SIDEWALK ACCESS EASEMENT This Agreement, made and entered into by and between ACT, Inc. ("Owner"), which expression shall include its successors in interest and assigns, and the City of Iowa City, Iowa ("City"), which expression shall include its successors in interest and assigns. It is hereby agreed as follows: 1. Owner states and covenants that it is the owner of certain real estate locally known as 2041 North Dubuque Road, Iowa City, Iowa, a portion of which is legally described in the attached Exhibit A, attached hereto and incorporated herein by this reference, 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 hereby grants and conveys to the public a means of pedestrian ingress, egress and passage over the area described on Exhibit A and referred to herein as "easement area." The City shall have no responsibility for maintaining the easement area. 3. Owner agrees to install and maintain a sidewalk within the easement area in accordance with state and local laws, including the City of Iowa City Code of Ordinances Chapter 16- 1 "Streets, Sidewalks and Public Right -of -Way", as may be amended from time to time. 4. The Owner reserves the right to use the above-described easement area for purposes which shall not interfere with the rights granted in this Agreement; 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. 11 5. The provisions hereof shall inure to the benefit of and bind the heirs, successors, personal representatives and assigns of the respective parties hereto, shall be deemed a covenant with the land and with the title to the land, and shall be recorded in the Johnson County Recorder's Office. Dated this 31 day of JtAiv 2019. CITY OF IOWA CITY, IOWA By: G James A Throgmorton, May r ACT, INC. By. Santonu Jana, CFO ATTEST: App med By X 4i. w cJ ruCowuNs/1�+ _ By. Clerk City Attorr�s OfRae 9-P 7111q Kellie . Fruehling, y CITY OF IOWA CITY ACKNOWLEDGEMENT STATE OF IOWA COUNTY OF JOHNSON This instrument was acknowledged before me on this8ed day of l r , 2013, by James A. Throgmorton and attested by Kellie K. Fruehling, as Mayor and City Clerk, respectively, of the City of Iowa City, Iowa. CHRISTINE OLNEY Commission Number 806232 - My commissio xpims Notary Public in and for jK State of Iowa 4W41; . ACT, INC. ACKNOWLEDGEMENT STATE OF IOWA ) )SS COUNTY OF JOHNSON ) This instrument was acknowledged before me on this S1 day of SJl.1 20 � by Santonu Jana, as CFO of ACT, Inc. Notary Public in and for the State of Iowa SHANNON M BECK Y Commission Number 800896 My Commission Expires December 19 2019 11 EXHIBIT A That part of the southwest quarter of the northeast quarter of section 2, township 79 north, range 6 west of the 5th principal meridian, Iowa City, Johnson County, Iowa described here as follows: Beginning at southeast corner of the intersection of Scott Boulevard and Dubuque Road, said comer also being a corner of auditor's parcel 98048 (Plat of survey recorded in book 2479, page 288 at the Johnson County recorder's office); Thence north 76°52'24" east 52.00 feet along the southerly right-of-way line of said Dubuque Road (Assumed bearing for this description only); Thence south 52°07' 10" west 35.82 feet; Thence south 76°52'24" west 19.47 feet to a point of intersection with the easterly right-of-way line of said Scott Boulevard; Thence north 13°07'36" west 15.00 feet along said easterly right-of-way line to the point of beginning and containing 536 square feet more or less. �-1 fee Doc ID: 027499650009 Type: GEN Kind: ORDINANCE Recorded: 09/20/2019 at 10:21:26 AM Fee Amt: $47.00 Pape 1 of 9 Johnson County Iowa Kim Painter County Recorder SK5959 PG605-613 STATE OF IOWA ) ) SS JOHNSON COUNTY ) I, Kellie K. Fruehling, City Clerk of Iowa City, Iowa, do hereto is a true and correct copy of Ordinance No.19-4805 Iowa City, Iowa, at a regular meeting held on the 17th day copy, all as the same appears of record in my office. Dated at Iowa City, Iowa, this 19th day of September 2019. o ; 0 D ,;f ♦ ID e 04 o� co POM 91 hereby certify that the Ordinance attached which was passed by the City Council of of September 2019, is a true and correct 1 Kellie I . Fruehling City Clerk \ord 410 EAST WASHINGTON STREET • IOWA CITY, IOWA 52240-1826 • (319) 356-5000 • FAX (319) 356-5009 I )r.a Prepared by: Jade Pederson, Planning Intern, 410 E. Washington Street, lova City, IA 52240; 319-358-5230 (REZ19-08) Ordinance No. 19-4805 An ordinance conditionally rezoning approximately 36.81 acres of land located South of Scott Blvd and North of Tamarack Trail, from Interim Development — Single -Family Residential (ID -RS) to Low Density Single- Family Residential (RS -5). (REZ19-08) Whereas, the applicant, Tamarack Ridge, LLC, has requested a rezoning of property located South of Scott Blvd and North of Tamarack Trail, from Interim Development — Single -Family Residential (ID -RS) to Low Density Single -Family Residential (RS -5); and Whereas, the Comprehensive Plan has designated this area for conservation design due to the presence of sensitive areas and the Northeast District Plan identifies this area mostly for single-family residential development; and Whereas, the Planning and Zoning Commission has reviewed the proposed rezoning and determined that it complies with the Comprehensive Plan provided that it meets conditions to calm traffic, particularly through the use of traffic circles and planting of right-of-way trees; and Whereas, Iowa Code §414.5 (2019) 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, due to the design of Tamarack Trail, the need for traffic calming is necessary and will be met by conditions imposed herein to install traffic circles on the Tamarack Trail extension and plant trees in the public right -of way; 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 classed Low Density Single -Family Residential (RS -5): Beginning at the Northeast corner of said auditor's parcel 20109027, thence along the East line of said parcel S01 °24'49"E, 1824.28 feet to the Southeast corner of said parcel; thence along the South line of said parcel S87008'19"W, 644.61 feet, thence S88°03'52"W, 299.26 feet; thence NO3°23'42"W, 1140.29 feet; thence N35056'44"E, 599.09 feet; thence N18030'51"E, 240.00 feet to the South right of way line of Scott Boulevard; thence 61.79 feet along said South line on a 955.00 foot radius curve concave South (chord bearing N86043'55"E, 61.78 feet); thence along said South line N88036'04"E, 476.00 feet to the point of beginning. Described area contains 36.81 acres and is subject to easements and other 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. lu Ordinance No. 19-4805 Page 2 Section III. Conditional Zoning Agreement. The mayor is hereby authorized and directed to sign, and the City Clerk attest, the Conditional Zoning Agreement between the property owner(s) and the City, following passage and approval of this Ordinance. Section IV. Certification and Recording. Upon passage and approval of the Ordinance, the City Clerk is hereby authorized and directed to certify a copy of this ordinance, and record the same in the Office of the County Recorder, Johnson County, Iowa, at the Owner's expense, upon the final passage, approval and publication of this ordinance, as provided by law. Section V. Repealer. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Section VI. Severability. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. Section VII. Effective Date. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passpd,aadapproved this 17th dayof September 2019 e :M` Or''''xi�',rr' ... zel Attest: City Clerk Approved by Ca61 a, City Attorney's Office$ IS i 7 CORPOM 91 Ordinance No. 19-4805 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 Cole x Mims x Salih x Taylor x Teague x Thomas x Throgmorton First Consideration 08/20/2019 Vote for passage: AYES: Taylor, Teague, Throgmorton, Mims. NAYS: Thomas, Cole, Salih. ABSENT: None. that the Second Consideration 09/03/2019 Vote for passage: AYES: Mims, Taylor, Teague, Throgmorton, Cole. NAYS: Salih, Thomas. ABSENT: None. Date published 09/26/2019 1q Prepared by. Jade Pederson, Planning Intern, 410 E. Washington, Iowa City, IA 52240 (319) 356-5230 (REZ19-08) Conditional Zoning Agreement This agreement is made between the City of Iowa City, Iowa, a municipal corporation (hereinafter "City"), and Monument Farms, LLC (hereinafter "Owner"), and Tamarack Ridge, LLC (hereinafter "Applicant"). Whereas, Owner is the legal title holder of approximately 36.81 acres of property located South of Scott Boulevard and North of Tamarack Trail; and Whereas, the Applicant has requested the rezoning of said property from Interim Development Single -Family Residential (ID -RS) to Low Density Single -Family Residential (RS - 5); and Whereas, the conditions established in this agreement address public needs, including installation of traffic circles on the extension of Tamarack Trail and planting of trees within the public right -of way to address concerns related to travel speeds caused by the block length of Tamarack Trail within the proposed development; and Whereas, the Planning and Zoning Commission has determined that, with appropriate conditions regarding the incorporation of traffic circles in the final design of the Tamarack Trail extension as well as the development of a landscaping plan that identifies the location and species of 75 trees to be planted in the public right-of-way, the requested zoning is consistent with the Comprehensive Plan; and Whereas, Iowa Code §414.5 (2019) 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 traffic calming; 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. Monument Farms, LLC is the legal title holder of the property legally described as: Beginning at the Northeast corner of said auditor's parcel 20109027, thence along the East line of said parcel S01°2449"E, 1824.28 feet to the Southeast corner of said parcel; thence along the South line of said parcel S87°08'19"W, 644.61 feet, thence S88°03'52"W, 299.26 feet; thence NO302342"W, 1140.29 feet; thence N35°56'44"E, 599.09 feet; thence N18°30'51"E, 240.00 feet to the South right of way line of Scott Boulevard; thence 61.79 feet along said South line on a 955.00 foot radius curve concave South (chord bearing N86°43'55"E, 61.78 feet); thence along said South line N88°36'04"E, 476.00 feet to the point of beginning. Described area contains 36.81 acres and is subject to easements and other restrictions of record. 0 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 (2019) provides that the City of Iowa City may impose reasonable conditions on granting a rezoning request, over and above the existing regulations, in order to satisfy public needs caused by the requested change. 3. In consideration of the City's rezoning the subject property, Owner and Applicant agree that development of the subject property will conform to all other requirements of the zoning chapter, as well as the following conditions: a. Substantial compliance with the preliminary plat (attached) in that the identified traffic circles are incorporated into the final design of the extension of Tamarack Trail. b. Owner shall develop a landscaping plan that identifies the location and species of 75 right-of-way trees to be planted by Owner or its successor(s) in interest along Tamarack Trail. Said trees shall be planted prior to issuance of a certificate of occupancy for each lot, or, if said certificate of occupancy is issued during a poor planting season, by May 31 following issuance of the certificate of occupancy. Said landscaping plan shall be approved by the City Forestry Division prior to the approval of any final plat subdividing any of the above-described real estate. Said landscaping plan shall include a diverse mix of trees planted generally 30' apart, though the City recognizes that exact locations may vary depending on driveway locations, signage and other utility conflicts. Final location and species of the trees shall be approved on a lot -by -lot basis prior to issuance of a building permit for each lot. 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 (2019), 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 2 publication of the ordinance, this agreement shall be recorded in the Johnson County Recorder's Office at the Applicant's expense. Dated this f,'� day of ttUQot 20j2. City of Iowa City Ji Throgmorton, M or Attest: Kelllb Fruehling, C' Clerk Approved by: w City Attorney's Office VIy I c City Of Iowa City Acknowledgement: State of Iowa ) ) ss: Johnson County ) Tamar c Ize, ar-K 811OR By: p,t,r„7ef � � 2 J< LLc. Monument Farms, LLC IMF CORPOM 91 This instrument was acknowledged before me on 20jj- by Jim Throgmorton and Kellie Fruehling as Mayor and City Clerk, respectively, of the City of Iowa City. A;10�- Not* Public in and for the We of Iowa (Stamp or Seal) I VAJ OLNEY Title (and Ran�j s jeolmHRI'T'NE mission Number806232 *+ M Commission Expires Tows .a 3 )ry Tamarack Ridge, LLC Acknowledgement: State of 1 nvM County of �_ d1nS�Yl This record was acknowledged before me on 2019 by ?oe. CLaTK (Name(s) of individu (s) as Mex,J,zr e r (type of authority, such as officer or trustee) of T marack Rid te, L otary Pub'c' and for a State of Iowa LAURA JUAREZ o y Commission Number 803529 (Stamp or Seal) _* My c mmission Expires rOWP Title (and Rank) My commission expires: Monument Farms, LLC Acknowledgement: State of lo111)a County of0YWti0n This record was acknowledged before me on , 2019 by Ov!gltw ✓ PAS (Name(s) of indivi ual(s) as AagzAf-442?-� (type of authority, such as officer or trustee) of Monument Farms, LLC. OWALI La . Votary Publi m nd for the ate of Iowa tira�A<s• LAURAJUAREZ oy Commission Number 803529 + + My Cp�mission Expires owP (Stamp or Seal) Title (and Rank) My commission expires: 03lZa j UzD 0 0. PRELIMINARY PLAT & SENSITIVE AREAS SITE PLAN TAMARACK RIDGE IOWA CITY, IOWA W".t/"5` �NF,�w�`` IMMMSWWANYIElES: 3f l`va \ , ,1. �`\ F \♦ 1� .` �x 1 � �\\^� l f \i _ _ © l rnmoaLslWrmEs x wnwux¢nwm3 nel»u+mn.,xex..Mxoxxnmrexxx.w ulld gnul>cl a d I(NT11ox wunW :YUF.9 WInm M1KNE xm.ortxe wwawtln.. xmg3wum 3 m a g El oma �Dr . iMU0.RIX DFYEtO1MFM.LL[ _ _. colll 6N )-CITY OF IOWA CITY qmv Mme�tnum IMMMSWWANYIElES: ununEs _ _ © © `°w` rnmoaLslWrmEs w000wrvos wnwux¢nwm3 nel»u+mn.,xex..Mxoxxnmrexxx.w ulld gnul>cl a d I(NT11ox wunW :YUF.9 WInm M1KNE xm.ortxe wwawtln.. xmg3wum 3 m a g El oma �Dr . iMU0.RIX DFYEtO1MFM.LL[ o e • �nwru ® � [ MI[)LLEL I. WEIa1. PE 111E811RIlNmOHSf IOWq(nY. M533<9 { urtcmR ieUu IOWq OIY. 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IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII r � Doc ID: 027503860018 Type: GEN Kind: SUBDIVISIONr"IIIA Recorded: 09/25/2019 at 10:51:30 AM r+s Fee Amt: $92.00 Pape 1 of 18®� Johnson County Iowa Kim Painter County Recorder BK5961 PG408-425 CITY OF IOWA CITY 410 East Washington Street Iowa City. Iowa 52240-1826 (3 19) 356-5000 STATE OF IOWA ) 09 FAX www. gov.or www.icgov.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. 19-214, which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 6th day of August 2019, all as the same appears of record in my office. Also attached are the final legal documents for The Crossings Phase Three Subdivision, Iowa City, Iowa. Dated at Iowa City, Iowa, this I-7+�day of 2019. Kellie X. Fruehling City Clerk fires subdivision (ORPORS91 Prepared by: Ray Heitner, Associate Planner, 410 E. Washington St., Iowa City, IA 52240 (SUB 19-04 and SUB19-05) Resolution No. 19-214 Resolution Approving the Preliminary and Final Plat of The Crossings Phase Three Subdivision, Iowa City, Iowa. Whereas, the owner, Paradigm Properties, L.L.C. filed with the City Clerk the preliminary and final plats of The Crossings Phase Three Subdivision, Iowa City, Iowa, Johnson County, Iowa; and Whereas, said subdivision is located on the following -described real estate in Iowa City, Johnson County, Iowa, to wit: BEGINNING at the Northeast corner of Outlot "E" of The Crossings Phase Two, Iowa City, Iowa, in accordance with the Plat thereof recorded in Plat Book 61, at Page 141, in the Records of the Johnson County Recorder's Office; Thence S88040'16"W, along the North line of said Outlot "E", and the North line of Lot 6 of said The Crossings Phase Two, 119.91 feet; Thence N01°02'38"W, along said North line of Lot 6, and the East line of Outlot "H" of said The Crossings Phase Two, 79.64 feet, to the Northeast comer thereof, and the Northwest corner of Lot 2, Block 3, Cook Sargent and Downey's Addition, Iowa City, Iowa, in accordance with the Plat thereof Recorded in Book 16, at Page 84, in the Records of the Johnson County Recorder's Office; Thence N88°40'16"E, along the North line of said Lot 2, and the North line of Lot 1, Block 3 of said Cook Sargent and Downey's Addition, 119.97 feet, to the Northeast corner thereof; Thence S01°00'12"E, along the East line of said Lot 1, a distance of 79.64 feet, to the said POINT OF BEGINNING, containing 0.22 acre, (9,552 square feet), more or less, and subject to easements and restrictions of record. Whereas, the City releases Lot 6 and Outlot H from the requirements of the Phase 1/II Subdivider's Agreement, and said lot and outlot will be subject to the requirements of the Phase III Subdivider's Agreement as Lot 1 and Outlot B. Whereas, the Neighborhood and Development Services Department and the Public Works Department examined the proposed 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 Whereas, said final plat is found to conform with Chapter 354, Code of Iowa (2019) 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 plats located on the above-described real estate be and the same are hereby approved. 2. The City accepts the dedication of easements as provided by law. 3. The Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed, upon approval by the City Attorney, to execute all legal documents relating to said I ®.d �`A Resolution No. 19-214 Page 2 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 6th day of August , Zp 19 M or Approved by /�,� ," Attest: JiLl- Atez rn� ld.c�� City Clerk City Attorney's Office ?//( h 5 It was moved by Mims and seconded by adopted, and upon roll call there were: Ayes: t7 X X X X X X Nays: Salih Absent: the Resolution be Cole Mims Salih Taylor Teague Thomas Throgmorton pedRemplateslCombined_Prelim and_Fnal_Rat_ Resolution.dm.dm `O\ TREASURER'S RE: The Crossings, Phase Three, Iowa City, Johnson County, Iowa and legally described as follows: Beginning at the Southeast Comer of Lot 6 of The Crossings Phase Two, to Iowa City, Iowa, in accordance with the Plat thereof Recorded in Plat Book 61 at Page 141 of the Records of the Johnson County Recorder's Office; Thence S88°3743"W, along the South Line of said Lot 6, and the South Line of Outlot "H" of said The Crossings Phase Two, a distance of 118.00 feet, to the Southwest Corner of said Outlot "H'; Thence N01 °00'12"W, along the West Line of said Outlot "H", a distance of 283.56 feet, to the Northwest Corner thereof; Thence N88040'16"E, along the North Line of said Outlot "H", the North Line of said Lot 6, and the North Line of the Tract of Land Conveyed by Warranty Deed, as Recorded in Book 5657, at Page 875 of the Records of the Johnson County Recorder's Office, 158.00 feet, to the Northeast Corner thereof, and the Northeast Corner of Block 3 of Cook Sargent and Downey's Addition, in accordance with the Recorded Plat thereof; Thence 801 °00'12"E, along the East Line of said Conveyed Tract, and the East Line of said Block 3, a distance of 79,64 feet, to the Southeast Corner of said Conveyed Tract; Thence S88040'16"W„along the South Line of said Conveyed Tract, 40.00 feet, to the Northeast Corner of said Lot 6; Thence S01°00'12"E, along the East Line of said Lot 6, a distance of 203.84 feet, to the Point of Beginning. Said Tract of Land contains 36,640 square feet (0.84 Acre), and is subject to easements and restrictions of record. I Thomas L. Kriz, Johnson County Treasurer, certify that all Johnson County real estate taxes have been paid with reference to the above-described property as of the date of this Certificate. DATED at Iowa City, Iowa, this Elk day of A1,-1 , 2019. Thomas L. Kriz, Tre surer Johnson County, Iowa T90/Chants/"n1erR/Therosaing*Phose3/TREASURER'S CZR70519 lq ATTORNEY'S TITLE OPINION RE: The Crossings, Phase Three, Iowa City, Johnson County, Iowa and legally described as follows: Beginning at the Southeast Corner of Lot 6 of The Crossings Phase Two, to Iowa City, Iowa, in accordance with the Plat thereof Recorded in Plat Book 61 at Page 141 of the Records of the Johnson County Recorder's Office; Thence S8803743"W, along the South Line of said Lot 6, and the South Line of Outlot "H" of said The Crossings Phase Two, a distance of 118.00 feet, to the Southwest Corner of said Outlot "H'; Thence N01°00'12"W, along the West Line of said Outlot "H", a distance of 283.56 feet, to the Northwest Corner thereof; Thence N88°40'16"E, along the North Line of said Outlot "H", the North Line of said Lot 6, and the North Line of the Tract of Land Conveyed by Warranty Deed, as Recorded in Book 5657, at Page 875 of the Records of the Johnson County Recorder's Office, 158.00 feet, to the Northeast Corner thereof, and the Northeast Corner of Block 3 of Cook Sargent and Downey's Addition, in accordance with the Recorded Plat thereof; Thence S01 °00'12"E, along the East Line of said Conveyed Tract, and the East Line of said Block 3, a distance of 79.64 feet, to the Southeast Corner of said Conveyed Tract; Thence S88°40'16"W, along the South Line of said Conveyed Tract, 40.00 feet, to the Northeast Corner of said Lot 6; Thence S01 °00'12"E, along the East Line of said Lot 6, a distance of 203.84 feet, to the Point of Beginning. Said Tract of Land contains 36,640 square feet (0.84 Acre), and is subject to easements and restrictions of record. I, Timothy S. Grady, state that I am a practicing attorney in the State of Iowa and that I have examined a complete abstract of title to the above-described property and said abstract shows that the fee title to the above-described property is in Paradigm Properties, L.L.C. subject to the following: 1. A Mortgage dated May 31, 2017 and recorded June 6, 2017 in Book 5657, Page 878, Records of the Johnson County Recorder executed by Paradigm Properties, L.L.C. in favor of Hills Bank and Trust Company. 2. A Mortgage dated September 6, 2018 and recorded September 6, 2018 in Book 5834, Page 297, Records of the Johnson County Recorder executed by Paradigm Properties, L.L.C. in favor of West Bank. 3. An Assignment of Rents dated September 6, 2018 and recorded September 6, 2018 in Book 5834, Page 308, Records of the Johnson County Recorder executed by Paradigm Properties, L.L.C. in favor West Bank. 4. A Memorandum of Ground Lease dated September 14, 2018 and recorded September 14, 2018 in Book 5836, Page 778, Records of the Johnson County Recorder executed by Paradigm Properties, L.L.C. as Landlord and 1201 Gilbert, L.L.C. as Tenant. 5. A Leasehold Mortgage, Security Agreement and Fixture Financing Statement with Subordination of Fee Interest by Ground Lessor dated September 14, 2018 and recorded September 14, 2018 in Book 5636, Page 845, Records of the Johnson County Recorder executed by 1201 Gilbert, L.L.C. and Paradigm Properties, L.L.C. in favor of West Bank. DATED at Iowa City, Iowa this 2'k day of , 2019. Timothy S. Grady, AT0002956 LEFF LAW FIRM, L.L.P. 222 South Linn Street Iowa City, Iowa 52240 Telephone: (319) 338-7551 Facsimile: (319) 338-6902 e-mail: tgrady@lefflaw.com TSG/C1lentsMtlletAP[M1e ... ingsPh... 3//AttyTi U.Cy/0519 1� OWNER CERTIFICATION AND DEDICATION OF THE CROSSINGS, PHASE THREE, IOWA CITY, JOHNSON COUNTY, IOWA KNOWING ALL MEN BY THESE PRESENTS: Paradigm Properties, L.L.C. as' owner/subdivider, hereby certifies and states that it is the owner, proprietor, and subdivider of the real estate described below and that this application and requested Subdivision is made with the free consent and in accordance with the desires of the owner of the land included within the Subdivision known as The Crossings, Phase Three, Iowa City, Johnson County, Iowa, said Subdivision shown on the final plat thereof which is a subdivision of the following described property: Beginning at the Southeast Corner of Lot 6 of The Crossings Phase Two, to Iowa City, Iowa, in accordance with the Plat thereof Recorded in Plat Book 61 at Page 141 of the Records of the Johnson County Recorder's Office; Thence S88°3743"W, along the South Line of said Lot 6, and the South Line of Outlot "H" of said The Crossings Phase Two, a distance of 118.00 feet, to the Southwest Corner of said Outlot "H"; Thence N01 °00'12"W, along the West Line of said Outlot "H", a distance of 283.56 feet, to the Northwest Corner thereof; Thence N88040'16"E, along the North Line of said Outlot "H", the North Line of said Lot 6, and the North Line of the Tract of Land Conveyed by Warranty Deed, as Recorded in Book 5657, at Page 875 of the Records of the Johnson County Recorder's Office, 158.00 feet, to the Northeast Corner thereof, and the Northeast Corner of Block 3 of Cook Sargent and Downey's Addition, in accordance with the Recorded Plat thereof; Thence S0100012"E, along the East Line of said Conveyed Tract, and the East Line of said Block 3, a distance of 79.64 feet, to the Southeast Corner of said Conveyed Tract; Thence S88°40'16"W, along the South Line of said Conveyed Tract, 40.00 feet, to the Northeast Corner of said Lot 6; Thence S0100012"E, along the East Line of said Lot 6, a distance of 203.84 feet, to the Point of Beginning. Said Tract of Land contains 36,640 square feet (0.84 Acre), and is subject to easements and restrictions of record. 1 1q Owner / Subdivider state that Outlot A and the easements in the Subdivision, if any, are hereby dedicated to the public. DATED at Iowa City, Iowa, this day of , 2019. Paradigm Pjr55perties, L.. F By. Randy filler, Manager STATE OF IOWA ss: COUNTY OF JOHNSON This instrument was acknowledged before me o J , 2019, by Randy Miller, Manager of Paradigm Proper ies` L. .C. C Notar Public, State Iowa JULIE 0. LrNCM_ �` coxi Egw« Z TSG/Cllente/N111erR/TheCroeaingsPh.0.3/OWNER CERTIFICATION ANO DEDICATION 0519 SUBDIVIDER'S AGREEMENT THE CROSSINGS, PHASE THREE, IOWA CITY, JOHNSON COUNTY, IOWA THIS AGREEMENT, is made by and between Paradigm Properties, L.L.C., referred to as "Owners" and/or "Subdividers", and the City of Iowa City, Iowa, a municipal corporation, hereinafter called the "City". SECTION 1. PUBLIC IMPROVEMENTS. In consideration of the City approving the plat of The Crossings, Phase Three, Iowa City, Johnson County, Iowa, the Owners agree, as a covenant running with the land that, except as provided in this Agreement, the City shall not issue any building permit on any lots in The Crossings, Phase Three (hereinafter referred to as "Subdivision") unless and until Subdivider installs and the City accepts the following improvements to the Subdivision (hereinafter referred to as "Improvements"): A. Concrete pavement at least 22 feet wide over and across Outlot B to establish a private north -south alley, along with temporary barrier(s) to prevent vehicular access to the adjacent private property to the north until such time as public right-of-way is dedicated to enable the extension of East lat Street adjacent to Outlot B. Nothing in this Agreement shall be construed to impose a requirement on the City to install the original public improvements at issue herein. Nor shall the Subdivider be deemed acting as the City's agent during the original construction and installation of said Improvements. The parties agree that the obligation to install the Improvements herein shall be in accordance with City specifications, and the obligation shall remain on the Subdivider until completion by the Subdivider and until acceptance by the City, as provided by law. SECTION 2. CONSTRUCTION OF IMPROVEMENTS. All Improvements described in Section 1 of the Agreement shall be constructed and installed by the Subdivider according to the plans and specifications approved by the City Engineer of the City of Iowa City, Iowa, who shall have the right to make occasional inspection of the work in progress. Such inspection shall not relieve or release the Subdivider from their responsibility to construct said Improvements pursuant to the approved plans and specifications. Said inspections shall not create a duty or obligation on the part of the City to insure or certify that said improvements are constructed in conformance with said plans and specifications. SECTION 3. SIDEWALK. The Subdivider agrees that it shall install an eight (8) foot sidewalk adjacent to all lots in The Crossings, Phase Three along South A Gilbert Street and E. 13t Street. Said sidewalk shall be constructed according to the plans and specifications approved by the City Engineer and as per 15-3-3; 16-1D and 16-4-1 of the Iowa City Code of Ordinances. Sidewalks shall be installed adjacent to each lot prior to the issuance of an occupancy permit for a building constructed in the subdivision and shall remain a lien on said lots until installed and released by the City and the release duly recorded in the Johnson County Recorder's office as required by Section 14 -7A -6(B) of the Iowa City Code of Ordinances. SECTION 4. NEIGHBORHOOD OPEN SPACE. The City's Neighborhood Open Space Ordinance requires the dedication of 0.04 acres (1,959 square feet) of land or the payment of a fee in lieu thereof, in connection with the platting of the Subdivision. This requirement is hereby satisfied through the payment of $29,365, which shall be paid prior to issuance of a building permit for any development in the subdivision. SECTION 5. BUILDING PERMIT AND ESCROW MONIES. If the Subdivider should desire a building permit on any lot in said Subdivision before the Improvements have been installed in said Subdivision, the Subdivider shall deposit with the City Clerk, in escrow, an amount equal to the estimated cost of constructing of said Improvements in said Subdivision, plus ten percent (100) thereof (hereinafter "Improvements Escrow"). The City Engineer shall determine the amount of the escrow to be collected. In addition to the Improvements Escrow, if subdivision Erosion Control measures have not been installed in said Subdivision, with ground cover established by growth, the City may require, as a condition to the issuance of the first building permit for construction within said Subdivision, whichever is applicable, that the Subdivider deposit in escrow with the City the sum of $2,000.00 (the "Erosion Clean-up Escrow") to assure reimbursement for the cost of cleaning public streets, storm sewers, gutters or catch basins, which may be incurred by the City as a result of erosion from any lots in the Subdivision. The Subdivider shall be responsible for the cost of any such clean-up; and to the extent that the Subdivider fails to accomplish erosion clean-up after reasonable notice from the City, the City is hereby authorized but not obligated to do the work and to charge the cost thereof to the Erosion Clean-up Escrow, if adequate, and to charge any excess costs to the Subdivider. If the Erosion Clean-up Escrow is insufficient to pay the costs incurred by the City, the Subdivider shall promptly reimburse the City for excess costs incurred. The unused balance of the Erosion Clean-up Escrow shall be returned to the Subdivider after erosion control measures have been installed, and ground cover has been established by growth. After the Erosion Clean-up and Improvements Escrows have been established for said Subdivision, the Building Inspector of the City is authorized to issue a building permit for said Subdivision, if the applicant is in compliance with all other applicable requirements and ordinances of the City. SECTION 6. OCCUPANCY PERMIT. Prior to the issuance of an occupancy permit for any building erected in said Subdivision pursuant to Section 5, the City in its discretion may require the Subdivider to construct and install the Improvements required for said Subdivision in accordance with Sections 1 above. SECTION 7. USE OF ESCROW MONIES FOR IMPROVEMENTS. If, after the issuance of an occupancy permit, the Improvements have not been constructed and installed, the City may use any funds deposited in the Improvements Escrow to construct and install the Improvements. If the cost of constructing and installing said Improvements exceeds the amount of the escrow, the City shall have a lien and charge against all lots in the Subdivision for the balance of the costs. The City shall refund to the Subdivider any Improvements Escrow monies not used by the City for the construction and installation of the Improvements. SECTION 6. WAIVER. If Subdivider sells or conveys lots in said Subdivision without constructing or installing the Improvements of said Subdivision, the City shall have the right to install and construct said Improvements in said Subdivision. Subdivider acknowledges and agrees that all lots in said Subdivision are specifically benefitted by the Improvements located in said Subdivision so that the cost of installation shall be a lien against all of the lots in the Subdivision. The cost of the Improvements need not meet the requirements of benefit or value as provided by the law of the State of Iowa for assessing such improvement. It is further provided that this requirement to construct the Improvements in said Subdivision is and shall remain a lien against the lots in said Subdivision until properly released as hereinafter provided. SECTION 9. IMPROVEMENTS RELEASE. The City agrees that when the Improvements for said Subdivision (specifically The Crossings, Phase One) have been installed as required, to the satisfaction of the City, the City will, upon request, promptly issue to the Subdivider, for recording in the office of the County Recorder of Johnson County, Iowa, good and sufficient release to the lots in said Subdivision so that this Agreement will not constitute a cloud upon the title of the lots in said Subdivision. The Mayor and City Clerk are hereby authorized to execute said release, and all other necessary and appropriate releases, with the concurrence of the City Attorney and City Engineer. A separate sidewalk release will be issued where appropriate as set forth in Section 3. This section also `R authorizes the execution of one or more limited release agreements, based on the escrows for improvements contemplated in Section 5 above and as may be acceptable to the City. SECTION 10. MISCELLANEOUS. 1. The owners acknowledge the obligation imposed by the Conditional Zoning Agreement recorded in Book 5926, Page 431, Records of the Johnson County Recorder's Office to convey Outlot A to the City of Iowa City, Iowa. 2. The purpose of Outlot B shall be for a vehicular and pedestrian traffic to serve the subdivision, and Lots 4 and 7, Crossings, Phase Two. Said Outlot shall be owned and maintained by the Owners or their successors in interest. Outlot B shall be encumbered by a public access easement, executed contemporaneously herewith. 3. All electrical, telephone and cable television service and distribution lines shall be installed underground. 4. Plat notes and surveyor's notes on plats serve to provide notice of how a subdivision is expected to develop. Said notes are not intended to create any vested private interest in any stated use restriction or covenant, or create any third party beneficiaries to any noted use restriction or covenant. The City reserves the right, in its sole discretion, subject to any applicable public notice and approval process required by law, to alter or amend any plat note, or to sell or vacate any right-of-way, street, alley, park, easement, open area or other land set apart and dedicated for public use within the plat. The City further reserves the right, upon request of the owner or successor in interest, to vacate the plat and/or relocate any easement, alter lot boundaries or allow said land to be replatted subject to any applicable public notice and approval process required by law. SECTION 11. SUCCESSORS AND ASSIGNS. This Agreement shall inure to the benefit of and bind the successors and assigns of the respective parties hereto and all covenants shall be deemed to apply to and run with the land and with the title to the land. DATED at Iowa City, Iowa, this day of<E, 2019. Paradigm Pr rtes, L.L.C. By Randy ller, 64anager \ O� CITY OF IOWA CITY, IOWA, a Municipal Corporation By: A 11�tt-j STATE OF IOWA ) ) ss: COUNTY OF JOHNSON ) T is instrument was acknowledged before me on the o �- day of 2019, by Randy Miller, Manager of Paradigm Properties, L. N tar Public, Stat of Iowa N~ F CoRrnYYar11/SN y 'f1d.�T MyCr�kM STATE OF IOWA ) ) ss: COUNTY OF JOHNSON ) This instrument was acknowl!dd ed before me on the day o 2019, by MrA 1'lYi�i'M 1brfmand kp �I I'e K j �LWa as y- and City Jerk, of the City of Iowa City, a municipal co oration. Notary Public, St(qte of Iowa ��,arhT� i -HF;i i7iNE OLNEy X Commission Number 806232 + t M r Commission Expires TSG/Clients/Mille,S/TheCroeeingePhese3/Su ividers Agr72819 lC� MORTGAGEE CONSENT TO SUBDIVISION The undersigned, Hills Bank and Trust Company, is a Mortgagee of a Mortgage from Paradigm Properties, L.L.C., dated May 31, 2017 and recorded June 6, 2017, in Book 5657, Page 878, records of the Johnson County Recorder's Office. Said Mortgage covers a portion of the property included in the subdivision designated as The Crossings, Phase Three, Iowa City, Johnson County, Iowa. The undersigned Mortgagee, pursuant to the provisions of Chapter 354, Code of Iowa, does hereby consent to the platting and subdivision of The Crossings, Phase Three, Iowa City, Johnson County, Iowa and hereby releases any and all liens against those portions of the property dedicated to the public, including but not limited to Outlot A and Outlot B of said subdivision. C r, DATED at Iowa City, Iowa, this 3Cf day of�, 2019. Hills Bank and Trust Company By: STATE OF IOWA ) ss: COUNTY OF JOHNSON ) This instrument was acknowledged before me on the D day of 2019, by TM D. ne — as __'�V P j3a__,,� of Hil s Bank and Trust Company. Notary Public, Stat f Iowa SSG/C1lents/11111arR/TheCrossingsEhaso9/IUrtgagee Consent HS11s0519 WEM ARFZ1�6pyces �C\ r MORTGAGEE CONSENT TO SUBDIVISION The undersigned, West Bank, is a Mortgagee of the following Mortgages and Assignment of Rents: 1. A Mortgage dated September 6, 2018 and recorded September 6, 2018 in Book 5834, Page 297, Records of the Johnson County Recorder executed by Paradigm Properties, L.L.C. in favor of West Bank. 2. An Assignment of Rents dated September 6, 2018 and recorded September 6, 2018 in Book 5834, Page 308, Records of the Johnson County Recorder executed by Paradigm Properties, L.L.C. in favor West Bank. 3. A Leasehold Mortgage, Security Agreement and Fixture Financing Statement with Subordination of Fee Interest by Ground Lessor dated September 14, 2018 and recorded September 14, 2018 in Book 5836, Page 845, Records of the Johnson County Recorder executed by 1201 Gilbert, L.L.C. and Paradigm Properties, L.L.C. in favor of West Bank. Said Mortgages and Assignment of Rents cover a portion of the property included in the subdivision designated as The Crossings, Phase Three, Iowa City, Johnson County, Iowa. The undersigned Mortgagee, pursuant to the provisions of Chapter 354, Code of Iowa, does hereby consent to .the platting and subdivision of The Crossings, Phase Three, Iowa City, Johnson County, Iowa and hereby releases any and all liens against those portions of the property dedicated to the public, including but not limited to Outlot A and Outlot B of said subdivision. DATED at Iowa City, Iowa, this 30 day of �c,lY , 2019. West Bank r/ By: C/�eYt�Q A U4 & V! ce-(�QS 1 1A STATE OF IOWA ) ss: COUNTY OF JOHNSON ) ,t This instrument was acknowledged before me on the 30 day of l ukv , 2019, by 1-1 norms 5. C,�tk as ! GCnior viae(Jrestckt4- of West Sank. •,,ry�t b MINDA HAMANN 8 A F Commission Number 725754 • �o�.R. My Commission Expires �z•2-al 2GG/C1lente/N 11n R/ShnCiaes ingnPhe..3/Mo tgsgeeConenntMfG5l9 Af'&"/w Notar— y Public, State of Iowa GROUND LEASE TENANT CONSENT TO SUBDIVISION The undersigned, 1201 Gilbert, L.L.C., is a Tenant under a Ground Lease from Paradigm Properties, L.L.C., dated September 14, 2018 and recorded September 14, 2018, in Book 5836, Page 778, records of the Johnson County Recorder's Office. Said Ground Lease covers a portion of the property included in the subdivision designated as The Crossings, Phase Three, Iowa City, Johnson County, Iowa. The undersigned Ground Lease Tenant, pursuant to the provisions of Chapter 354, Code of Iowa, does hereby consent to the platting and subdivision of The Crossings, Phase Three, Iowa City, Johnson County, Iowa and hereby releases any and all of its interest in those portions of the property dedicated to the public, including but not limited to Outlot A of said subdivision. DATED at Iowa City, Iowa, this DS day of�yL, 2019. STATE OF IOWA ss: COUNTY OF JOHNSON 1201 Gilbert, L.L. B Rand filler, Mana er This instrument was acknowledged before me on the Q -,-day of 2019, by Randy Miller as Manager of 1201 Gilbert, L.L.C. J"RUf I Notar Public, statlb of Iowa Cal mbdon 16midw 11 SSG/Cltente/ 11.M/She ... tn9.rh,.Oj .ou d4enantC... ent 1201LLC9519 L Doc ID: 027512780012 Type: GEN Kind: RESOLUTION Recorded: 10/07/2019 at 03:38:41 PM Fee Amt: $62.00 Page 1 of 12 Johnson County Iowa Kim Painter County Recorder BK5965 PG455-466 F6F STATE OF IOWA ) )SS JOHNSON COUNTY } ► r i "m 0054 �-fis—_ CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240-1826 (319) 356-5000 (319) 356-5009 FAX www. i cgov. org I, Kellie Fruehling, City Clerk of Iowa City, Iowa, do hereby certify that the attached hereto is a true and correct copy of: • Resolution 19-173 which was passed by the City Council of Iowa City, Iowa, at a regular meeting on the 2nd day of July 2019. • Proof of Publication for the Notice of Public Hearing which was published in the Press Citizen on the 8th day of July 2019. • Resolution 19-186 which was passed by the City Council of Iowa City, Iowa, at a regular meeting on the 16th of July 2019. Dated at Iowa City, Iowa, this 4th day of October 2019. ' r) Kellie . Fruehling City Clerk fres CO OM11 [A[ 0 Prepared by. Eleanor M. Dilkes, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 Resolution No. 19-173 Resolution of intent to consider the proposed conveyance of a utility easement to Central Iowa Power Cooperative and setting a public hearing thereon for July 16, 2019 Whereas, Central Iowa Power Cooperative (CIPCO) has requested that the City convey to it a utility easement and has offered to purchase the easement at fair market value; and Whereas, it is in the public interest to convey a utility easement to CIPCO for fair market value. Now, therefore, be it resolved by the City Council of Iowa City, Iowa, that: The City Council does hereby declare its intent to consider the conveyance of a utility easement to CIPCO, subject to a right-of-way easement agreement as attached hereto for $31,104.00. 2. A public hearing on said proposal should be and is hereby set for July 16, 2019, at 7:00 p.m. in Emma J. Harvat Hall at City Hall, 410 East Washington Street, Iowa City, Iowa, orf said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk, and that the City Clerk be and is hereby directed to cause notice of said public hearing to be published as provided by law. Passed and approved this 2nd day of Jul / 019. G. OR t3Q:--L ATTEST: 1, - ) S CITY CLERK City Attomey's Office IV.a 0 Resolution No. 19-173 Page z It was moved by Mims and seconded by Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x x Cole Mims Sam Taylor Teague Throgmorton Cole the M lcf a,i PCr'hedia PRESS -CITIZEN MEDIA PART OF THE USA TODAY NETWORK CITY OF IOWA CITY ICPD 410 E WASHINGTON ST IOWACITY IA522401825 AFFIDAVIT OF PUBLICATION State of Wisconsin County of Brown, ss.: The undersigned, being first duly sworn on oath, stales that the Iowa City Press Citizen, a corporation duly organized and existing under the laws of the State of Iowa, with its principal place of business in Iowa City, Iowa, the publisher of Iowa City Press Citizen newspaper of general circulation printed and published in the City of Iowa City, Johnson County, Iowa, and that an advertisement, a printed copy of which is attached as Exhibit "A" and made part of this affidavit, was printed and published in Iowa City Press Citizen on the following dales: Ad No. Start Date: Run Dates: Cost: 0003665906 7/8/19 07/08/19 $29.09 Copy of Advertisement Exhibit "A" Subscribed and sworn to before me by said affiant this 8th day of July. 2019 Lary Public 5/553 Commission expires 01A n1d:n us ON to that Of t a L to to now on 'file in the Clerk in the City Iowa, . and my .axiy ntere.0-m the �AOFa, m Prepared by: Eleanor Dilkes, City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 Resolution No. 19-186 Resolution approving the conveyance of a utility easement to Central Iowa Power Cooperative Whereas, Central Iowa Power Cooperative (CIPCO) has requested that the City convey to it a utility easement and has offered to purchase the easement at fair market value; and Whereas, Staff recommends approval of the conveyance; and Whereas, it is in the public interest to convey the easement pursuant to the attached right-of-way easement agreement for fair market value; and Now, therefore, be it resolved by the City Council of Iowa City, Iowa, that: 1. The Mayor and City Clerk are hereby authorized to execute and attest the attached right-of-way easement agreement and all other documents, in a form approved by the City Attorney, necessary to convey a permanent utility easement to CIPCO for the price of $31,104.00. 2. The City Attorney is hereby authorized to carry out any actions necessary to consummate the conveyance as required by law, and to have any and all necessary documents recorded with the Johnson County Recorder at CIPCO's expense. Passed and approved this 16th day of 2019 r ..�.�RPOPATE SEAL M or roved Attest: - r J City Clerk City Attorney's Office It was moved by Mims and seconded by adopted, and upon roll call there were: Ayes: Nays: Cole the Resolution be Absent: Mims x Salih Taylor Teague Thomas Throgmorton 0 This document was prepared by and after recording return to: Daniel T. Ketchum, Central Iowa Power Cooperative, 1400 Highway 13 SE, P.O. Box 2517, Cedar Rapids, IA 52406. Tel. (319) 366-4512 RIGHT-OF-WAY EASEMENT AGREEMENT THIS AGREEMENT, made and entered into this E4,J? day ofeS�/fkfxber . 20-Lq, by and between City of Iowa City, a/k/a City of Iowa City, Iowa, a municipal corpdration, owning property in Johnson County, Iowa (hereinafter "Grantors") and CENTRAL IOWA POWER COOPERATIVE, an Iowa cooperative corporation with its principal place of business in Cedar Rapids, Iowa (hereinafter "Cooperative"); WITNESSETH: WHEREAS, Grantors are the owners of record of the real estate in Johnson County, Iowa, described as: The Southeast Quarter (SE'/4) and the Southwest Quarter (S W'/4) of the Northeast Quarter (NE'/4) excepting therefrom the following described real estate, to -wit: Commencing at the Southwest corner, of the Northeast Quarter of Section 14, Township 79 North, Range 7 West of the 5'h Principal Meridian; thence N 00° 00' 00" E, (an assumed bearing) along the West line of said Northeast Quarter 1316.37 feet, to the Northwest corner of the Southwest Quarter of said Northeast Quarter of Section 14; thence N 89° 17' 25" E, 46.00 feet to the Point of Beginning; thence N 89° 17' 25" E, 1265.71 feet along the North line of said Southwest Quarter, to the Northeast corner of said Southwest Quarter, of the Northeast Quarter, of said Section 14; thence S 00° 05' 45" W, 692.99 feet along the East line of said Southwest Quarter of the Northeast Quarter of Section 14; thence S 89" 28' 41" W, 1264.50 feet; thence N 00° 00' 00" E, 688.83 feet to the Point of Beginning. Said tract of land contains 20.06 acres more or less, subject to easements and restrictions of record. All of the above being located in Section 14, Township 79 North, Range 7 West of the 5" P.M., Johnson County, Iowa; AND commencing at the Southwest Corner of the Northeast Quarter of Section 14, Township 79 North, Range 7 West of the 51h P.M. (For the purpose of this legal description, the west line of said Northeast Quarter is assumed to bear North): Thence North 89" 15' 52" E, 1309.51 feet along the South line of said Northeast Quarter, to the Southwest Corner of the Southeast Quarter of said Northeast Quarter of Section 14, which is the Point -of -Beginning; Thence North 0° 05' 45" E, 350.00 feet along the West line of said Southeast Quarter of the Northeast Quarter of Section 14; Thence North 89° 15' 52" E, 200 feet; Thence South 0° 05' 45" W, 350.00 feet to the South line of said Southeast Quarter of the Northeast Quarter of Section 14; Thence South 89" 15' 15" W, 200.00 feet along said South line to the Point -of -Beginning. Said tract of land containing approximately 1.61 acres; AND commencing at the SW corner of the SE quarter of the NE quarter of Section 14, T79N, R7 W, of the 5`h P.M.; thence N 89° 15' 52" E, 200.00 feet to the point of beginning; thence N 00° 05' 45" E, 50.00 feet; thence N 89° 15' 52" E, 1,109.59 feet to a point on the East line of said SE quarter of the NE quarter; thence S 00° 11' 31" W, 50.00 feet to the SE corner of the NE quarter of Section 14; thence S 89° 15' 52" W, 1,109.51 feet to the Point of Beginning. Said tract of land contains 1.27 acres more or less; AND a part of the Southeast'/4 of the Northeast V4, Section 14, Township 79 North, Range 7 West of the Fifth Principal Meridian, Johnson County, Iowa further described as follows: Commencing at the Southeast Corner of the Northeast Quarter Section 14, Township 79 North, Range 7 West of the Fifth Principal Meridian, Johnson County, Iowa; Thence N 00° 08' 45" E 50.06 feet along the east line of the Southeast '/4 Northeast '/4 said Section 14 to the point of beginning; Thence S 89° 13' 34" W 1109.59 feet; Thence N 000 12' 43" E 299.90 feet; Thence S 89° 14' 28" W 200.72 feet to the west line of the Southeast '/4 Northeast '/4 of said Section 14; Thence N 00" 03' 40" E 307.97 feet along the west line of the Southeast '/4 Northeast %4 of said to the North line of the South '/2 of the Southeast '/4 Northeast '/4 said Section 14; Thence N 89° 14' 33" E 1310.42 feet along the Northline of the South %2 of the Southeast'/4 Northeast '/4 to the east line of the Southeast'/4 Northeast '/4 said Section 14; �O Thence S 00° 08' 45" W 607.55 feet along the east line of the Southeast '/4 Northeast '/4 said Section 14 to the point of beginning. Containing 16.90 acres more or less. For the purpose of this legal description the east line of the Northeast %4 Section 14 is assumed to bear N 00° 08' 45" E; AND the north twenty acres of the southwest quarter of the northeast quarter of Section 14, Township 79 North, Range 7 West of the 5" P.M., Johnson County, Iowa. and, WHEREAS, Cooperative desires to obtain a permanent easement from Grantors over a portion of the described property, and to construct, operate, and maintain an electric transmission line and/or system and appurtenant facilities on said property, and Grantors are willing to grant such an easement for said purposes; and, WHEREAS, Grantors and Cooperative desire to set forth in this Agreement the terms and conditions pursuant to which Grantors shall grant to Cooperative an easement over the described property; IT 1S, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS HEREIN EXPRESSED, AGREED BY AND BETWEEN THE PARTIES AS FOLLOWS: I . Grantors hereby grant to Cooperative, its successors and/or assigns, a permanent and perpetual easement over the property described as follows: A strip of land Fifty (50) feet in width running coincident with the East line of the Southeast Quarter (SE%4) of the Northeast Quarter (NE'/4) of Section Fourteen (14), Township Seventy-nine (79) North, Range Seven (7) West of the Fifth Principal Meridian, Johnson County, Iowa. A strip of land Fifty (50) feet in width running coincident with the East line of the Southeast Quarter (SE'/4) of Section Fourteen (14), Township Seventy-nine (79) North, Range Seven (7) West of the Fifth Principal Meridian, Johnson County, Iowa. The East Fifty (50) feet of the North Fifty (50) feet of the Southwest Quarter (SW'/4) of the Northeast Quarter (NE'/4) of Section Fourteen (14), Township Seventy-nine (79) North, Range Seven (7) West of the Fifth Principal Meridian, Johnson County, Iowa. and, to construct, erect, reconstruct, add to, relocate, rebuild, modify, change operating voltage, replace, repair, patrol, operate and maintain on the above described lands, overhead system for transmission of electric energy, data and/or communications which may include, but not be limited to conductor, cables, static wires, guy wires, fiber optic cables, anchors, poles, lattice assemblies and other necessary appurtenant facilities as may be necessary in order to properly support, operate, and maintain said lines/systems, across the above described lands. Cooperative shall have the right to license, permit or otherwise agree to the joint use of the rights granted herein within the Easement Area. The Cooperative shall give the Grantors five days notice, excluding Saturday and Sunday, prior to agreeing to licensing, permitting or other joint use of the rights granted. 2. All facilities placed by Cooperative in the easement area shall be owned by and remain the property of Cooperative. 3. Cooperative shall construct, operate, and maintain the transmission lines and appurtenant facilities in accord with the requirements of the National Electric Safety Code, the Iowa Electric Safety Code, and the Rules and Regulations of the Iowa Utilities Board. 4. Cooperative shall have the right to cut and trim trees and shrubbery within the easement area and to use chemical brush control procedures to the extent necessary so they will not interfere with or endanger the operation or maintenance of the transmission line located or to be located on the property and to cut down from time to time all dead, weak, leaning or dangerous trees that are tall enough to strike the wires in falling. 5. Grantors agree that they will not place, or allow to be placed any building, structure, or object of any kind within the easement area without specific written authorization from Cooperative. The Grantor retains the right to install and maintain existing and future monitoring wells, so long that the wells do not interfere with the easement rights. 6. In addition to the easement area described in paragraph 1, Grantors grant to Cooperative the right to enter upon the property of Grantors in order to permit Cooperative to access the easement area and perform construction and maintenance work on the transmission line and appurtenant facilities. The Cooperative shall give the Grantors five days notice, excluding Saturday and Sunday, prior to construction or maintenance, except for emergency situations, where immediate work is required. 7. In consideration for the easement rights granted to Cooperative pursuant to this Agreement, Cooperative shall pay Grantors the full easement compensation amount upon granting of said easement, Said easement fee includes compensation for the right granted to Cooperative to cut and trim trees and shrubbery within the easement area. In addition to said compensation, Cooperative shall also pay Grantors for all damage to the property of Grantors caused by constructing, maintaining, replacing, rebuilding, repairing, or removing said transmission line and facilities. Payment for damages shall be made at the completion of the work performed by Cooperative which resulted in said damages. The foregoing compensation amount is based upon the schedule of compensation maintained by the Cooperative. In the event the line is required to be reconstructed or redesigned in such a way that additional poles, anchors, or other appurtenances are placed upon the property of the Grantors, then additional compensation shall be paid to Grantors based upon the schedule of compensation maintained by Cooperative at the time of such reconstruction or redesign. 8. The easement created by this Agreement shall be permanent and perpetual, shall be binding upon Grantors and Cooperative, and their respective successors, heirs, beneficiaries, devisees, grantees, tenants, and assigns, and shall run with the land. 9. Grantors shall have the right to cancel this Agreement by mailing to Cooperative a notice of cancellation by certified mail, with return receipt requested, to Cooperative's principal place of business. Said notice must be received by Cooperative within seven (7) days, excluding Saturday and Sunday, of the date of this Agreement. Grantors acknowledge that they have been informed by Cooperative of their right to cancel this Agreement prior to signing it, and they hereby acknowledge receipt from Cooperative of a duplicate copy of this Agreement which they may use as a "Notice of Cancellation." Cooperative agrees that it will not record this Agreement until after the cancellation period has expired. This right of cancellation may be exercised only once for this transmission line project. 10. Subject only to the right of cancellation set forth in paragraph 9, this Agreement shall be effective upon execution by the parties, and shall continue in full force and effect until all of its terms and conditions have been fully performed. EXECUTED the day and year first above written. GRANTORS: City of Iowa City a/k/a City of Iowa City, Iowa, a municipal corporation Sign: Print: James Throgmortoa Print: Kellie K. Fruehlina Title: ---Mayor ' Title: City Clerk STATEbF IOWA; 2 ) ss. COUNTY; OF/ {1 nSOy-I ) On this t o , day of � 20� before me, the undersigned, a Notary Public in and for the State of Iowa, personally a t M c A for City of Iowa City a/k/a City of Iowa City, Iowa, a municipal corporation to me pe ally known to be the person who executed the foregoing instrument, and acknowledged that he executed the same as his voluntary act and deed. STATE OF IOWA ) \�\,, COUNTY OF : )Y�-�D () ) ) ss. A A, "Notary Public in and for the State of Iowa On this, ��da of t 20 GI ¢¢gfore m , the undersi e¢, a Notary Public in and for the State ofIowa, personally appe ed �,L l �� t for City of Iowa City a/k/a City of Iowa City, Iowa, a municipal corporation to me perso own to be the person who executed the foregoing instrument, and acknowledged that he executed the same as his voluntary act and deed. STINE OLNEYW!"Rl mleaion Number 806232y C mmlesfon ANota lie in and for th State of Iowa ME GRANTEE: C wa Power Cooperative, an Iowa cooperative Signer Sign: Print: V D oril'a'% STATE OF IOWA ) ss. COUNTY OF L; Print: Title: On this S 4'�' day of $ %azd 20 1 f, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared bc, 13wrrxfi for Central Iowa Power Cooperative, an Iowa cooperative to me personally known to be the person who executed the foregoing instrument, and acknowledged that he executed the same as his voluntary act and deed. DANIEL KLnbw M CoM J97Nres STATE OF IOWA ) ss. COUNTY OF ) votary Public in and for the State of Iowa On this day of , 20, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared for Central Iowa Power Cooperative, an Iowa cooperative corporation to me personally known to be the person who executed the foregoing instrument, and acknowledged that he executed the same as his voluntary act and deed. Notary Public in and for the State of Iowa 91 NOTICE OF CANCELLATION TO: Central Iowa Power Cooperative P.O. Box 2517 Cedar Rapids, Iowa 52406-2517 The undersigned hereby cancel this Agreement. DATED 2018. City of Iowa City a/k/a City of Iowa City, Iowa, a municipal corporation Print N r Doc ID: 027387390036 Type: GEN Kind: ORDINANCE Recorded: 06/10/2019 at 12:53:02 PM Fee Amt: $182.00 Page 1 of 36 Johnson County Iowa Kim Painter County Recorder 13K5912 PG965-1000 Cog- STATE ES STATE OF IOWA ) ) SS JOHNSON COUNTY ) I, Kellie K. Fruchling, City Clerk of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of Ordinance No.19-4794 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 4th day of June 2019, is a true and correct copy, all as the same appears of record in my office. Dated at Iowa City, Iowa, this 7th day of June 2019. Kellie K. Fruehling City Clerk \ord 410 EAST WASHINGTON STREET • IOWA CITY, IOWA 52240-1826 • (319) 356-5000 • FAX (319) 356-5009 Prepared by: Anne Russett, 410 E. Washington Street, Iowa City, IA 52240; (REZ18-00013) Ordinance No. 19-4794 An ordinance conditionally rezoning approximately 73.15 acres of property located south of Interstate -80, west of N. Dubuque Street, and north of Foster Road, from Interim Development Single -Family Residential (ID -RS), Low Density Single -Family Residential (RS -5), Low Density Multi -Family Residential (RM -12), and High Density Single -Family Residential with a Planned Development Overlay (OPD/RS-12) to OPD/RS-12 for 50.82 acres, Highway Commercial with a Planned Development Overlay (OPD/CH-1) for 20.45 acres, and Neighborhood Public with a Planned Development Overlay (OPD/P-1) for 1.88 acres. (RFZ18-00013) Whereas, the applicant, North Dubuque LLC and the Forest View Tenants Association, have requested a rezoning of property located south of Interstate -80, west of N. Dubuque Street, and north of Foster Road from Interim Development Single -Family Residential (ID -RS), Low Density Single -Family Residential (RS -5), Low Density Multi -Family Residential (RM -12), and High Density Single -Family Residential with a Planned Development Overlay (OPD/RS-12) to OPD/RS-12, Highway Commercial with a Planned Development Overlay (OPD/CH-1); Neighborhood Public (P-1) with a Planned Development Overlay, and Whereas, the Comprehensive Plan indicates that Highway Commercial, Multi -family Residential at a density of 8-13 dwelling units per acre, and Low to Medium Mixed Residential at a density of 8-13 dwelling units per acre is appropriate in this location; 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 related to the establishment of an affordable housing agreement to address the relocation of the residents of the Forest View Mobile Home Park, speck design standards to ensure quality development, approval of a master sign plan, maintenance of buffers between proposed development and existing neighborhoods, a 40 -foot wooded area along N. Dubuque Street to remain unimpacted, development of a new 4 -way intersection at Forest View Road and N. Dubuque Street, installation of a 10 -foot wide trail along N. Dubuque Street, maintenance of storm water management facilities, providing $100,000 worth of recreational amenities for private open space areas, and requiring senior housing on Lot 14; and Whereas, Iowa Code §414.5 (2019) 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 classed Highway Commercial with a Planned Development Overlay (OPD/CH-1): A PART OF KNOB HILL SUBDIVISION AS RECORDED IN BOOK 4, PAGE 376 OF THE RECORDS OF THE JOHNSON COUNTY, IOWA RECORDER'S OFFICE, PART OF THE NORTH HALF OF THE NORTHEAST QUARTER OF SECTION 4, TOWNSHIP 79 NORTH, RANGE 6 WEST OF THE FIFTH PRINCIPAL MERIDIAN, AND PART OF THE PROPERTY DESCRIBED IN WARRANTY DEED RECORDED IN BOOK 5464, PAGE 622 OF THE RECORDS OF THE JOHNSON COUNTY, IOWA RECORDER'S OFFICE; DESCRIBED AS FOLLOWS: 10, 0 - 2\ Ordinance No. 19-4794 Page 2 COMMENCING AT THE NORTHEAST CORNER OF LOT 104 OF MACKINAW VILLAGE PART FIVE AS RECORDED IN BOOK 57, PAGE 241 OF THE RECORDS OF JOHNSON COUNTY, IOWA RECORDER'S OFFICE; THENCE S86°50'44"E ALONG THE SOUTHERLY RIGHT-OF-WAY LINE OF U.S. HIGHWAY INTERSTATE 80, A DISTANCE OF 140.15 FEET; THENCE N86°23'32"E ALONG SAID SOUTHERLY LINE, A DISTANCE OF 718.54; THENCE N75035'49"E ALONG SAID SOUTHERLY LINE, A DISTANCE OF 450.23 FEET TO THE POINT OF BEGINNING; THENCE N75035'49"E ALONG SAID SOUTHERLY LINE, A DISTANCE OF 13.19 FEET; THENCE N80°27'46"E ALONG SAID SOUTHERLY LINE, A DISTANCE OF 294.70 FEET; THENCE N87°03'11"E ALONG SAID SOUTHERLY LINE, A DISTANCE OF 428.87 FEET; THENCE S81 °04'24"E ALONG SAID SOUTHERLY LINE, A DISTANCE OF 105.39 FEET; THENCE S79°11'57"E ALONG SAID SOUTHERLY LINE, A DISTANCE OF 504.56 FEET; THENCE N01045'45"W ALONG SAID SOUTHERLY LINE, A DISTANCE OF 18.82 FEET; THENCE S80001'15"E ALONG SAID SOUTHERLY LINE, A DISTANCE OF 199.89 FEET; THENCE S79024'10"E ALONG SAID SOUTHERLY LINE, A DISTANCE OF 91.26 FEET TO A POINT OF CURVATURE; THENCE SOUTHEAST ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 411.12 FEET A CHORD BEARING OF S56007'38"E AND CHORD DISTANCE OF 314.01 FEET, AN ARC DISTANCE OF 322.19 FEET; THENCE S32002'15"E ALONG THE WESTERLY RIGHT OF WAY LINE OF NORTH DUBUQUE STREET, A DISTANCE OF 478.98 FEET; THENCE S57°57'45"W, A DISTANCE OF 143.35 FEET; THENCE S63°55'33"W, A DISTANCE OF 140.36 TO A POINT OF CURVATURE; THENCE SOUTHWESTERLY ALONG A CURVE CONCAVE NORTHERLY HAVING A RADIUS OF 200.00 FEET AND A CHORD BEARING OF S69°06'45"W, AN ARC DISTANCE OF 36.21 FEET TO A POINT ALONG THE WESTERLY LINE OF THE PARCEL DESCRIBED IN WARRANY DEED RECORDED IN BOOK 5464, PAGE 622 OF THE RECORDS OF THE JOHNSON COUNTY IOWA RECORDER'S OFFICE; THENCE N30031'45"W ALONG THE WESTERLY LINE OF SAID PARCEL, A DISTANCE OF 176.73 FEET TO A POINT ALONG THE SOUTHERLY LINE OF SAID KNOB HILL ESTATES; THENCE S88057'02"W ALONG SAID SOUTHERLY LINE, A DISTANCE OF 410.69 FEET; THENCE N01045'28"W ALONG THE WESTERLY LINE OF SAID KNOB HILL SUBDIVISION, A DISTANCE OF 194.61; THENCE S88054'57"W ALONG THE NORTHERLY LINE OF THE PARCEL DESCRIBED IN WARRANTY DEED RECORDED IN BOOK 266, PAGE 287 OF THE RECORDS OF THE JOHNSON COUNTY, IOWA RECORDER'S OFFICE, A DISTANCE OF 562.46 FEET; THENCE N00026'06"W, A DISTANCE OF 298.93 FEET; THENCE S89°04'54"W, A DISTANCE OF 415.67 FEET TO A POINT OF CURVATURE; THENCE SOUTHWESTERLY ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 1033.00 FEET AND A CHORD BEARING OF S87°15'56"W, AN ARC DISTANCE OF 65.31 FEET; THENCE S85°27'16"W, A DISTANCE OF 288.28 FEET; THENCE NO3013'35"W, A DISTANCE OF 206.52 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 19.17 ACRES MORE OR LESS, AND IS SUBJECT TO THE EASEMENTS AND RESTRICTIONS OF RECORD. And PART OF THE NORTH HALF OF THE NORTHEAST QUARTER OF SECTION 4, TOWNSHIP 79 NORTH, RANGE 6 WEST OF THE FIFTH PRINCIPAL MERIDIAN, AND PART OF THAT PROPERTY DESCRIBED IN WARRANTY DEED RECORDED IN BOOK 5464, PAGE 622 OF THE RECORDS OF THE JOHNSON COUNTY, IOWA RECORDER'S OFFICE; DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE WESTERLY RIGHT OF WAY LINE OF NORTH DUBUQUE STREET AND THE SOUTHERLY LINE OF THE PARCEL DESCRIBED IN WARRANTY DEED RECORDED IN BOOK 5464, PAGE 622 OF THE RECORDS OF THE JOHNSON COUNTY, IOWA RECORDER'S OFFICE; THENCE N89°05'02"W ALONG THE SOUTHERLY LINE OF THE PARCEL DESCRIBED IN WARRANTY DEED RECORDED IN BOOK 5464, PAGE 622, A DISTANCE OF 390.00 FEET; THENCE N30031'45"W ALONG THE WESTERLY LINE OF SAID PARCEL, A DISTANCE OF 64.54 FEET; THENCE N 5800976" E, A DISTANCE OF 325.56 FEET TO SAID WESTERLY RIGHT OF WAY LINE OF NORTH DUBUQUE STREET; THENCE S32°02'15"E ALONG SAID WESTERLY RIGHT OF WAY LINE OF NORTH DUBUQUE STREET, A DISTANCE OF 275.55 FEET TO THE POINT OF BEGININNG. SAID PARCEL CONTAINS 1.28 ACRES MORE OR LESS, AND IS SUBJECT TO THE EASEMENTS AND RESTRICTIONS OF RECORD. 2\ Ordinance No. i q -47g4 Page 3 And, subject to the Conditional Zoning Agreement attached hereto and incorporated herein, the property described below is hereby classified OPD/RS-12: PART OF THE NORTH HALF OF THE NORTHEAST QUARTER AND PART OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 4, TOWNSHIP 79 NORTH, RANGE 6 WEST OF THE FIFTH PRINCIPAL MERIDIAN, IOWA CITY, JOHNSON COUNTY, IOWA, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF LOT 104 OF MACKINAW VILLAGE PART FIVE AS RECORDED IN BOOK 57, PAGE 241 OF THE RECORD'S OF JOHNSON COUNTY, IOWA RECORDER'S OFFICE; THENCE S86050'44"E ALONG THE SOUTHERLY RIGHT-OF-WAY LINE OF U.S. HIGHWAY INTERSTATE 80, A DISTANCE OF 140.15 FEET; THENCE N86023'32"E ALONG SAID SOUTHERLY LINE, A DISTANCE OF 718.54 FEET; THENCE N75035'49"E, A DISTANCE OF 450.23 FEET; THENCE S03°13'35"E, A DISTANCE OF 206.52 FEET; THENCE N85027'16"E, A DISTANCE OF 288.28 FEET TO A POINT OF CURVATURE; THENCE NORTHEASTERLY ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 1033.00 FEET AND A CHORD BEARING OF N87°15'56"E, AN ARC DISTANCE OF 65.31; THENCE N89004'54"E, A DISTANCE OF 415.67 FEET; THENCE S00026'06"E, A DISTANCE OF 298.93 FEET TO A POINT ALONG THE NORTHERLY LINE OF THE PARCEL DESCRIBED IN WARRANTY DEED RECORDED IN BOOK 266, PAGE 287 OF THE RECORDS OF THE JOHNSON COUNTY, IOWA RECORDER'S OFFICE; THENCE S88056'09"W ALONG SAID NORTHERLY LINE; A DISTANCE OF 102.69 FEET; THENCE S01011'07"E ALONG THE WESTERLY LINE OF SAID PARCEL DESCRIBED IN WARRANTY DEED RECORDED IN BOOK 266, PAGE 287 OF THE RECORDS OF THE JOHNSON COUNTY, IOWA RECORDER'S OFFICE AND THE WESTERLY LINE OF AUDITOR'S PARCEL "B" AS RECORDED IN BOOK 34, PAGE 44 OF THE RECORD'S OF THE JOHNSON COUNTY, IOWA RECORDER'S OFFICE, A DISTANCE OF 654.95 FEET; THENCE S88009'37"W ALONG THE SOUTHERLY LINE OF NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 4, A DISTANCE OF 640.01 FEET TO THE SOUTHWEST CORNER OF SAID NORTHEAST QUARTER OF THE NORTHEAST QUARTER; THENCE S88039'49"W ALONG SAID SOUTHERLY LINE, A DISTANCE OF 152.49 FEET; THENCE S4904242"W ALONG THE EASTERLY LINE OF THE PARCEL DESCRIBED IN QUIT CLAIM DEED RECORDED IN BOOK 5683, PAGE 809 OF THE RECORDS OF THE JOHNSON COUNTY, IOWA RECORDER'S OFFICE, A DISTANCE OF 111.02 FEET; THENCE S26043'41"E ALONG SAID EASTERLY LINE, A DISTANCE OF 158.46 FEET; THENCE S44043'52"W ALONG SAID EASTERLY LINE, A DISTANCE OF 337.66 FEET; THENCE S02040'38"E ALONG SAID EASTERLY LINE, A DISTANCE OF 41.04 FEET; THENCE S87004'33"W ALONG THE SOUTHERLY LINE OF SAID PARCEL, A DISTANCE OF 181.81 FEET; THENCE S00001'08"E ALONG EASTERLY LINE OF THE PARCEL DESCRIBED IN WARRANTY DEED RECORDED IN BOOK 5464, PAGE 632 OF THE RECORD'S OF THE JOHNSON COUNTY, IOWA RECORDER'S OFFICE, A DISTANCE OF 328.80 FEET; THENCE S87058'50"W ALONG THE SOUTHERLY LINE OF SAID PARCEL, A DISTANCE OF 33.02 FEET; THENCE N00001'08"W ALONG THE WESTERLY LINE OF SAID PARCEL, A DISTANCE OF 814.67 FEET TO THE NORTHEAST CORNER OF MACKINAW VILLAGE PART 3 AS RECORDED IN BOOK 55, PAGE 328 OF THE RECORD'S OF THE JOHNSON COUNTY, IOWA RECORDER'S OFFICE; THENCE S88041'48"W ALONG THE NORTHERLY LINE OF SAID MACKINAW VILLAGE PART 3, A DISTANCE OF 674.33 FEET; THENCE NO3°05'12"W ALONG THE WESTERLY LINE OF GOVERNMENT LOT 1 OF SAID SECTION 4, A DISTANCE OF 1039.43 FEET TO A POINT ALONG THE SOUTHERLY RIGHT OF WAY LINE OF U.S. HIGHWAY NO. 80 AND THE POINT OF BEGINNING. SAID PARCEL CONTAINS 50.82 ACRES MORE OR LESS, AND SUBJECT TO EASEMENT AND RESTRICTIONS OF RECORD. And, subject to the Conditional Zoning Agreement attached hereto and incorporated herein, the property described below is hereby classed OPD/P-1: PART OF THE NORTH HALF OF THE NORTHEAST QUARTER OF SECTION 4, TOWNSHIP 79 NORTH, RANGE 6 WEST OF THE FIFTH PRINCIPAL MERIDIAN, AND PART OF THAT PROPERTY DESCRIBED IN WARRANTY DEED RECORDED IN BOOK 5464, PAGE 622 OF THE RECORDS OF THE JOHNSON COUNTY, IOWA RECORDER'S OFFICE; DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE WESTERLY RIGHT OF WAY LINE OF NORTH DUBUQUE STREET AND THE SOUTHERLY LINE OF THE PARCEL DESCRIBED IN WARRANTY Ordinance No. 19-4794 Page 4 DEED RECORDED IN BOOK 5464, PAGE 622 OF THE RECORDS OF THE JOHNSON COUNTY, IOWA RECORDER'S OFFICE; THENCE N89°05'02"W ALONG THE SOUTHERLY LINE OF THE PARCEL DESCRIBED IN WARRANTY DEED RECORDED IN BOOK 5464, PAGE 622, A DISTANCE OF 390 00 FEET, THENCE N30°31'45"W ALONG THE WESTERLY LINE OF SAID PARCEL, A DISTANCE OF 64.54 FEET TO THE POINT OF BEGINNING, THENCE CONTINUING N30°31'45"W ALONG THE WESTERLY LINE OF SAID PARCEL, A DISTANCE OF 270.65 FEET TO A POINT ON A CURVE; THENCE NORTHEASTERLY ALONG A CURVE CONCAVE NORTHERLY HAVING A RADIUS OF 200.00 FEET AND A CHORD BEARING OF N 69006'45" E, AN ARC DISTANCE OF 36.21 FEET; THENCE N 63°55'33" E, A DISTANCE OF 140.36 FEET, THENCE N 57°57'45" E, A DISTANCE OF 143.35 FEET TO THE WESTERLY RIGHT OF WAY LINE OF NORTH DUBUQUE STREET; THENCE S32°02'15"E ALONG SAID WESTERLY RIGHT OF WAY LINE OF NORTH DUBUQUE STREET, A DISTANCE OF 250.09 FEET, THENCE S 58°09'28" W, A DISTANCE OF 325.56 FEET TO THE POINT OF BEGININNG. SAID PARCEL CONTAINS 1.88 ACRES MORE OR LESS, AND IS SUBJECT TO THE EASEMENTS AND RESTRICTIONS OF RECORD. Section II. Zoning Map. The building official is hereby authorized and directed to change the zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval and publication of the ordinance as approved by law. Section III. Conditional Zoning Agreement. The mayor is hereby authorized and directed to sign, and the City Clerk attest, the Conditional Zoning Agreement between the property owner(s) and the City, following passage and approval of this Ordinance. Section IV. Certification and Recording. Upon passage and approval of the Ordinance, the City Clerk is hereby authorized and directed to certify a copy of this ordinance, and record the same in the Office of the County Recorder, Johnson County, Iowa, at the Owner's expense, upon the final passage, approval and publication of this ordinance, as provided by law. Section V. Repealer. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Section VI. Severability. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. Section VII. Effective Date. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this 4th day of June 20 19. WOO Attest: City Clerk l Approved by City Attorneys Office S Z 9 Ordinance No. 9_4794 Page 5 It was moved by Mims and seconded by Cole Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: x x x x x x ABSENT: s Cole Mims Salih Taylor Teague Thomas Throgmorton First Consideration 05/07/2019, Vote for passage: AYES: Mims, Salih, Taylor, Teague, Thomas, Throgmorton, Cole. NAYS: None. ABSENT: None. that the Second Consideration 05/21/2019 Vote for passage: AYES: Mims, Salih, Taylor, Teague, Thomas, Throgmorton, Cole. NAYS: None. ABSENT: None. Date published_ 06/13/2019 --0 Prepared by: Anne Russett, 410 E. Washington, Iowa City, IA 52240 (REZ18-00013) Conditional Zoning Agreement This agreement is made between the City of Iowa City, Iowa, a municipal corporation (hereinafter "City"), and North Dubuque LLC (hereinafter "Owner"). Whereas, Owner is the legal title holder of approximately 73.15 acres of property located south of Interstate 80, west of N. Dubuque Street, and north of Foster Road; and Whereas, the Owner has requested the rezoning of said property to High Density Single - Family Residential with a Planned Development Overlay (OPD/RS-12), Highway Commercial with a Planned Development Overlay (OPD/CH-1), and Neighborhood Public with a Planned Development Overlay (OPD/P-1); and Whereas, in accordance with Iowa City Code Section 14 -3A -4C, a planned development overlay zone allows flexibility in the design, placement and clustering of buildings, mixture of uses and related site and design considerations; and Whereas, the OPD CH -1 rezoning is appropriate to allow for a combination of retail uses to support the adjacent residential neighborhood not otherwise allowed within the CH -1; and Whereas, the Iowa City 2030 Comprehensive Plan and the North District Plan include a housing goal for the provision of relocation assistance to residents that include replacement housing in the immediate area, advisory services and moving expenses, make available prior to demo of existing homes as part of any first phase of development; and Whereas, to further this housing goal, North Dubuque, LLC, is committed to constructing replacement housing comparable to what residents currently have in the existing Forest View Mobile Home Park and will work to enhance the quality, size, and configuration of the housing to provide the residents of Forest View with the best possible housing solution; and Whereas, each resident will have options for replacement housing in the newly - constructed Forest View Neighborhood, condominium dwellings, or elsewhere in the Iowa City Community; and Whereas, Owner is committed to the concept of home ownership opportunities for the residents of Forest View Mobile Home Park; and Whereas, Owner is committed to minimizing the impact of permanent displacement and hardship for all current Forest View Mobile Home Park residents by offering move -related advisory services and covering expenses related to the move; constructing the new neighborhood prior to demolition of the old neighborhood; and pursuing a 4% Low -Income Housing Tax Credit (LIHTC), state tax-exempt housing bond or a comparable arrangement to provide a home ownership opportunity for the residents; and Whereas, the Iowa City 2030 Comprehensive Plan includes a goal related to reducing energy consumption and greenhouse gas emissions; and Whereas, the Iowa City Climate Action and Adaptation Plan seeks to reduce greenhouse gas emissions community -wide; and ppdadMagVlG0326_Q-rotised-04.29.2019Cao_appmved(1).doc 1 2\ Whereas, Owner is committed to incorporating features into the development to help mitigate the greenhouse gas emissions caused by the development; and Whereas, the density and design of the planned development will be compatible with and/or complementary to adjacent development in terms of land use, building mass and scale, relative amount of open space, traffic circulation and general layout; and Whereas, the development will not overburden existing streets and utilities; and Whereas, the development will not adversely affect views, light and air, property values and privacy of neighboring properties any more than would a conventional development; and Whereas, the combination of land uses and building types and any variation from the underlying zoning requirements or from city street standards will be in the public interest, in harmony with the purposes of this title, and with other building regulations of the city; and Whereas, this rezoning will create a public need for relocation assistance; careful design to ensure compatibility with the surrounding neighborhoods and preservation of the scenic entrance to the City; improved vehicular and pedestrian transportation facilities; storm water management; active open space; and development of senior housing; and Whereas, Iowa Code §414.5 (2019) provides that the City of Iowa City may impose reasonable conditions on granting a rezoning request over and above existing regulations to satisfy public needs caused by the requested change; and Whereas, the Planning and Zoning Commission has determined that with appropriate conditions to satisfy the needs described above, the rezoning is in the public interest and consistent with the comprehensive plans; 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 providing affordable housing, maintaining storm water management, maintaining scenic corridors, and providing adequate private 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. North Dubuque LLC is the legal title holder of the property legally described as: A PART OF KNOB HILL SUBDIVISION AS RECORDED IN BOOK 4, PAGE 376 OF THE RECORD'S OF THE JOHNSON COUNTY, IOWA RECORDER'S, PART OF THE NORTH HALF OF THE NORTHEAST QUARTER OF SECTION 4, TOWNSHIP 79 NORTH, RANGE 6 WEST OF THE FIFTH PRINCIPAL MERIDIAN, AND ALL OF THAT PROPERTY DESCRIBED IN WARRANTY DEED RECORDED IN BOOK 5464, PAGE 622 OF THE RECORD'S OF THE JOHNSON COUNTY, IOWA RECORDER'S OFFICE; DESCRIBED AS FOLLOWS: ppdadaJagUl90326=4eNsed-04.29.2019< o_oppmv d(1).doc 2 vN /_1ZII: COMMENCING AT THE NORTHEAST CORNER OF LOT 104 OF MACKINAW VILLAGE PART FIVE AS RECORDED IN BOOK 57, PAGE 241 OF THE RECORD'S OF JOHNSON COUNTY, IOWA RECORDER'S OFFICE; THENCE S86°50'44"E ALONG THE SOUTHERLY RIGHT-OF-WAY LINE OF U.S. HIGHWAY INTERSTATE 80, A DISTANCE OF 140.15 FEET; THENCE N86023'32"E ALONG SAID SOUTHERLY LINE, A DISTANCE OF 718.54; THENCE N75°35'49"E ALONG SAID SOUTHERLY LINE, A DISTANCE OF 450.23 FEET FOR THE POINT OF BEGINNING; THENCE N75035'49"E ALONG SAID SOUTHERLY LINE, A DISTANCE OF 13.19 FEET; THENCE N80027'46"E ALONG SAID SOUTHERLY LINE, A DISTANCE OF 294.70 FEET; THENCE N87°03'11"E ALONG SAID SOUTHERLY LINE, A DISTANCE OF 428.87 FEET; THENCE S81°04'24"E ALONG SAID SOUTHERLY LINE, A DISTANCE OF 105.39 FEET; THENCE S79°11'57"E ALONG SAID SOUTHERLY LINE, A DISTANCE OF 504.56 FEET; THENCE N01°45'45"W ALONG SAID SOUTHERLY LINE, A DISTANCE OF 18.82 FEET; THENCE S80°01'15"E ALONG SAID SOUTHERLY LINE, A DISTANCE OF 199.89 FEET; THENCE S79°24'10"E ALONG SAID SOUTHERLY LINE, A DISTANCE OF 91.26 FEET TO A POINT OF CURVATURE; THENCE SOUTHEAST ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 411.12 FEET A CHORD BEARING OF S56007'38"E AND CHORD DISTANCE OF 314.01 FEET, AN ARC DISTANCE OF 322.19 FEET; THENCE S32002'15"E ALONG THE WESTERLY RIGHT OF WAY LINE OF NORTH DUBUQUE STREET , A DISTANCE OF 1004.62 FEET; THENCE N89°05'02"W ALONG THE SOUTHERLY LINE OF THE PARCEL DESCRIBED IN WARRANTY DEED RECORDED IN BOOK 5464, PAGE 622 OF THE RECORD'S OF THE JOHNSON COUNTY, IOWA RECORDER'S, A DISTANCE OF 390.00 FEET; THENCE N30031'45"W ALONG THE WESTERLY LINE OF SAID PARCEL, A DISTANCE OF 511.92 FEET TO A POINT ALONG THE SOUTHERLY LINE OF SAID KNOB HILL ESTATES; THENCE S88°57'02"W ALONG SAID SOUTHERLY LINE, A DISTANCE OF 410.69 FEET; THENCE N01 *45'28"W ALONG THE WESTERLY LINE OF SAID KNOB HILL SUBDIVISION, A DISTANCE OF 194.61; THENCE S88°54'57"W ALONG THE NORTHERLY LINE OF THE PARCEL DESCRIBED IN WARRANTY DEED RECORDED IN BOOK 266, PAGE 287 OF THE RECORDS OF THE JOHNSON COUNTY, IOWA RECORDER'S OFFICE, A DISTANCE OF 562.46 FEET; THENCE N00°26'06"W, A DISTANCE OF 298.93 FEET; THENCE S89°04'54"W, A DISTANCE OF 415.67 FEET TO A POINT OF CURVATURE; THENCE SOUTHWESTERLY ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 1033.00 FEET AND A CHORD BEARING OF S87015'56"W, AN ARC DISTANCE OF 65.31 FEET; THENCE S85°27'16"W, A DISTANCE OF 288.28 FEET; THENCE NO3°13'35"W, A DISTANCE OF 206.52 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 22.33 ACRES MORE OR LESS, AND IS SUBJECT TO THE EASEMENTS AND RESTRICTIONS OF RECORD; PART OF THE NORTH HALF OF THE NORTHEAST QUARTER AND PART OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 4, TOWNSHIP 79 NORTH, RANGE 6 WEST OF THE FIFTH PRINCIPAL MERIDIAN, IOWA CITY, JOHNSON COUNTY, IOWA, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF LOT 104 OF MACKINAW VILLAGE PART FIVE AS RECORDED IN BOOK 57, PAGE 241 OF THE RECORD'S OF pp4adm/agVl90326_a eAsed-04.29.2019r o sppmwd(1).dm 3 v\ JOHNSON COUNTY, IOWA RECORDER'S OFFICE; THENCE S86050'44"E ALONG THE SOUTHERLY RIGHT-OF-WAY LINE OF U.S. HIGHWAY INTERSTATE 80, A DISTANCE OF 140.15 FEET; THENCE N86°23'32"E ALONG SAID SOUTHERLY LINE, A DISTANCE OF 718.54 FEET; THENCE N75°35'49"E, A DISTANCE OF 450.23 FEET; THENCE S03013'35"E, A DISTANCE OF 206.52 FEET; THENCE N85027'16"E, A DISTANCE OF 288.28 FEET TO A POINT OF CURVATURE; THENCE NORTHEASTERLY ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 1033.00 FEET AND A CHORD BEARING OF N87015'56"E, AN ARC DISTANCE OF 65.31; THENCE N89004'54"E, A DISTANCE OF 415.67 FEET; THENCE S00°26'06"E, A DISTANCE OF 298.93 FEET TO A POINT ALONG THE NORTHERLY LINE OF THE PARCEL DESCRIBED IN WARRANTY DEED RECORDED IN BOOK 266, PAGE 287 OF THE RECORDS OF THE JOHNSON COUNTY, IOWA RECORDER'S OFFICE; THENCE S88056'09"W ALONG SAID NORTHERLY LINE; A DISTANCE OF 102.69 FEET; THENCE S01°11'07"E ALONG THE WESTERLY LINE OF SAID PARCEL DESCRIBED IN WARRANTY DEED RECORDED IN BOOK 266, PAGE 287 OF THE RECORDS OF THE JOHNSON COUNTY, IOWA RECORDER'S OFFICE AND THE WESTERLY LINE OF AUDITOR'S PARCEL "B" AS RECORDED IN BOOK 34, PAGE 44 OF THE RECORD'S OF THE JOHNSON COUNTY, IOWA RECORDER'S OFFICE, A DISTANCE OF 654.95 FEET; THENCE S88°09'37"W ALONG THE SOUTHERLY LINE OF NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 4, A DISTANCE OF 640.01 FEET TO THE SOUTHWEST CORNER OF SAID NORTHEAST QUARTER OF THE NORTHEAST QUARTER; THENCE S88°39'49"W ALONG SAID SOUTHERLY LINE, A DISTANCE OF 152.49 FEET; THENCE S49042'42"W ALONG THE EASTERLY LINE OF THE PARCEL DESCRIBED IN QUIT CLAIM DEED RECORDED IN BOOK 5683, PAGE 809 OF THE RECORDS OF THE JOHNSON COUNTY, IOWA RECORDER'S OFFICE, A DISTANCE OF 111.02 FEET; THENCE S26043'41"E ALONG SAID EASTERLY LINE, A DISTANCE OF 158.46 FEET; THENCE S44043'52"W ALONG SAID EASTERLY LINE, A DISTANCE OF 337.66 FEET; THENCE S02°40'38"E ALONG SAID EASTERLY LINE, A DISTANCE OF 41.04 FEET; THENCE S87004'33"W ALONG THE SOUTHERLY LINE OF SAID PARCEL, A DISTANCE OF 181.81 FEET; THENCE S00°01'08"E ALONG EASTERLY LINE OF THE PARCEL DESCRIBED IN WARRANTY DEED RECORDED IN BOOK 5464, PAGE 632 OF THE RECORD'S OF THE JOHNSON COUNTY, IOWA RECORDER'S OFFICE, A DISTANCE OF 328.80 FEET; THENCE S87°58'50"W ALONG THE SOUTHERLY LINE OF SAID PARCEL, A DISTANCE OF 33.02 FEET; THENCE N00001'08"W ALONG THE WESTERLY LINE OF SAID PARCEL, A DISTANCE OF 814.67 FEET TO THE NORTHEAST CORNER OF MACKINAW VILLAGE PART 3 AS RECORDED IN BOOK 55, PAGE 328 OF THE RECORD'S OF THE JOHNSON COUNTY, IOWA RECORDER'S OFFICE; THENCE S88041'48"W ALONG THE NORTHERLY LINE OF SAID MACKINAW VILLAGE PART 3, A DISTANCE OF 674.33 FEET; THENCE NO3005'12"W ALONG THE WESTERLY LINE OF GOVERNMENT LOT 1 OF SAID SECTION 4, A DISTANCE OF 1039.43 FEET TO A POINT ALONG THE SOUTHERLY RIGHT OF WAY LINE OF U.S. HIGHWAY NO. 80 AND THE POINT OF BEGINNING. SAID PARCEL CONTAINS 50.82 ACRES MORE OR LESS, AND SUBJECT TO EASEMENT AND RESTRICTIONS OF RECORD. 2. The Owner acknowledges that the City wishes to ensure conformance to the principles of the Comprehensive Plan and the North District Plan. Further, the parties acknowledge that Iowa Code §414.5 (2019) 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. ppdadMagV190329_va-revised-04.29.2019r o eppmv (1).dm 4 �1 \ 3. Development of the subject property shall conform to all other requirements of the Iowa City Zoning Code, as well as the following conditions: a. Relocation/Affordable Housing: Prior to issuance of any building permit, Owner and City shall execute an affordable housing agreement detailing the terms of relocation assistance. The provisions of said agreement shall be guided by the principles of the Forest View Mobile Home Park Relocation Plan dated May of 2018 prepared and submitted by Owner and the residents of Forest View Mobile Home Park and the Center for Worker Justice, a copy of which is attached hereto, and shall include the provision (at the residents' options) of replacement housing, financial advisory services and reasonable moving expenses to all households residing on the above-described property upon the effective date of this Conditional Zoning Agreement. This affordable housing agreement shall foster diligent communication with residents, ensure the provision of replacement housing prior to demolition of the existing housing, and offer opportunities for homeownership to minimize the impact of displacement and hardship on the residents. Owner shall offer three categories of replacement housing to ensure that residents are relocated to affordable, decent, safe and sanitary houses which are, at a minimum, comparable in size and features to what residents currently have in the existing Forest View Mobile Home Park. Those three categories are: relocation to the new Forest View Manufactured Housing Park (moving expenses and financing options available); relocation to the new multi- family buildings constructed within the above-described property (moving expenses and financing options available); and relocation not within the above- described property (reasonable moving expenses available). Said affordable housing agreement shall be approved by the City Council. b. Design Guidelines: Development shall conform to the following strict design guidelines: i. Building facade and materials: All structures shall be constructed of high quality, authentic materials within a range of the color palette described below and approved by the Director of Neighborhood Development Services, or designee. Authentic materials do not include material that has been made to simulate another material, unless it improves the weather -resistance, such as wood -toned products. As an example, column covers should not be made of metal to appear to be wood or stone, just as fiberboard cement panels should not be printed or stamped with wood grain. The quality and type of the primary material used on the front fagade of each building should be consistent for all remaining sides, except as allowed below. A natural pallet of colors shall be used for large expanses of walls with accent colors used for emphasis and identification of individual businesses. Acceptable building materials shall include: Brick (2 3/8" tall, standard brick preferred); Stone (natural or cultured); Wood (e.g. ipe or clear cedar) or high-pressure laminate plates composed of wood -based fibers, including those manufactured by Trespa, Prodema, Resysta, or similar products; ppdadnVagU190326_®aevised-04.29.2019r o_eppmed(1).dw 5 ✓\ • Fiber -cement boards; • Metal panels; and • Clear or lightly tinted glass. • Corporate colors will be allowed as accents for appropriate identification of individual business. The following materials are only allowed as limited: • Vinyl siding may be used only for manufactured homes; • Exterior insulation and finish system (EIFS) are allowed at 8 feet or more above grade; • 3 -part synthetic stucco may be used on Lots 2-15 only; • Split faced and burnished block may only be used at half -story base; The following materials are not allowed: Smooth -faced concrete block; Unadorned tilt -up concrete panels; and Lower quality metal siding, such as that used for metal pole buildings. ii. Sian Master Plan: Prior to final plat approval, a Sign Master Plan shall be submitted to and approved by the Director of Planning or designee, indicating the potential locations and design concept for common signage for the development, which may include entranceway signage, directional drainage, development signs, identification signage, masonry wall signs, monument signs and interstate signs. Signs shall use san serif type fonts, except for logos and required user franchise signage. Signage shall be installed according to said Sign Master Plan and shall be further limited as follows: a. For those lots shown as Lots 2-4 on the approved preliminary plat and planned development overlay plan, only those signs allowed for CN -1 uses shall be permitted, as shown in Table 513-2 of the Iowa City Code of Ordinances Section 14-513-8, except that if a quick servicing vehicle use is established on any of these lots, electronic changeable copy may be allowed for gas prices only. No signs shall be oriented toward North Dubuque Street. b. For those lots shown as Lots 5-7 on the approved preliminary plat and planned development overlay plan, no free-standing sign shall be taller than 25 feet. No electronic changeable copy is allowed except for time and temperature signs and gas prices for quick vehicle servicing uses. Non -building signs along the Forest View Drive frontage shall be limited to monument signs only. c. For that lot shown as Lot 8 on the approved preliminary plat and planned development overlay plan, only those signs allowed for CN -1 uses shall be permitted, as shown in Table 513-2 of the Iowa City Code of Ordinances Section 14-513-8, except that fascia signs may extend to the top of top story of the building. d. For those lots shown as Lots 9-11 planned development overlay plan, uses shall be permitted, as shown in Ordinances Section 14-513-8. on the approved preliminary plat and only those signs allowed for CN -1 Table 5B-2 of the Iowa City Code of ppdadrrdagVI90326 =-reNsed-04292019c o_appwed ( ).doe 6 V \ e. Cabinet signs where the entire face of the cabinet is illuminated are prohibited. iii. Setbacks: Notwithstanding anything herein to the contrary, there shall be a building setback of forty feet (40') from North Dubuque Street, but appropriate tree screening and preservation may occur within said setback. All buildings on Lots 5, 6, 7, and 8 shall be setback from Forest View Drive at least 15', as shown on the OPD plan. iv. Screening and Tree Preservation: Development shall include screening and tree preservation along Dubuque Street and landscaping of surface parking areas in accordance with a detailed landscape plan approved by the City Forester, which the Owner shall monitor and guarantee for five years following planting. The landscape plan shall ensure the preservation of existing trees along the Dubuque Street frontage in excess of the code requirement. v. For those lots shown as Lots 5-8, all development, regardless of size, shall comply with the Commercial Site Development Standards for Large Retail Uses set forth in Iowa City Code Section 14 -2C -6K. vi. Lighting: a. All exterior lighting located on buildings and within parking and open space areas shall be dark sky compliant with full cut-off fixtures. Full cut-off means no light shall be emitted above 90 degrees. b. All exterior lighting located on buildings and within parking and open space areas shall contain LED or similar light bulbs, as determined by the Director of Neighborhood and Development Services, or designee. vii. Parking Areas: a. A minimum of 2 off-street parking spaces per building for the lots shown as Lots 6, 7, 8, 12, 13, 14, and 15 on the approved preliminary plat and planned development overlay plan shall contain Level 2 electric vehicle charging systems subject to the review and approval of the Director of Neighborhood and Development Services, or designee. d. For those lots shown as Lots 2-4 on the approved preliminary plat and planned development overlay plan, the following uses shall be allowed, in accordance with Iowa City Code Section 14 -3A -4C. i. Only those uses allowed in the CN -1 zone, as set forth in 14-2C-2. All uses on these lots shall comply with the site development standards for CN -1 uses set forth in 14-2C-7, as well as the dimensional requirements for CN -1 uses set forth in 14-2C-4, except as waived below. e. For those lots shown as Lots 9-11 on the approved preliminary plat and planned development overlay plan, the following uses shall be allowed, in accordance with Iowa City Code Section 14 -3A -4C. ppdadMagU190326_c 4evised-04292019r o_approved(i)Am 7 -?/\ i. Only those uses allowed in the CN -1 zone, as set forth in 14-2C-2. All uses on these lots shall comply with the site development standards for CN -1 uses set forth in 14-2C-7, as well as the dimensional requirements for CN -1 uses set forth in 14-2C-4, except as waived below. f. As part of the public improvements installed for development of the above- described property, Owner shall: i. Design and construct a new 4 -way intersection at Forest View Road and Dubuque Street to accommodate anticipated traffic volumes from the developing areas west of Dubuque and south of 1-80, in accordance with an approved traffic study and Iowa Department of Transportation access management standards and permit, subject to review and approval by the Public Works Director. ii. Design and construct a 10' wide trail in accordance with the approved preliminary plat and planned development overlay plan. iii. Purchase and install no more than four bus shelters for use within the project area, the design, number, and locations of which will be subject to the review and approval by the Transportation Department Director. iv. Stripe the on -street parking area on both sides of Forest View Drive to delineate the parking from the travel lanes, subject to the review and approval of the Public Works Director. g. All single-family buildings must comply with the following: i. Main entrances to dwelling units must be clearly demarcated by one of the following means: covered porch or canopy; transom and sidelight windows; pilasters and pediment; or other significant architectural treatment that emphasizes main entrances. Simple trim around the doorway does not meet this standard. ii. Each dwelling unit must have a separate main entrance that must face the street, be at an angle of up to forty-five degrees (45°) from the street, or open onto a street -facing porch. The main entrance may not face an alley or side yard. iii. Each manufactured home must have a foundation similar in appearance to the foundations of stick -built homes. If using skirting, the skirting must be constructed of high quality materials, such as stone, pre -cast concrete, or a similar material to be approved by the Director of Neighborhood Development Services, or designee. h. The following site development standards are hereby modified or waived: i. Pursuant to 14 -2A -7(A)(3), for those lots shown as Lots 17-25, 28-47, 58- 67 and 69-72 on the approved preliminary plat and planned development overlay plan, if vehicular access to garages and off-street parking spaces are restricted to an alley or private rear late, the minimum lot size may be 4,000 square feet, the minimum lot width may be 36', and the minimum frontage may ppdadm/agV190326_=.redsed-04.292019 o appmved(i).dm 8 1/\ be 26'. ii. For lots 2-4, as shown on the approved preliminary plat and planned development overlay plan, notwithstanding the requirement that the development comply with CN -1 design standards set forth in paragraph 3.c.i above, compliance with the following such CN -1 design standards are not required: Build -to Line requirements outlined in 14 -2C -7E; Location of Parking, Loading Drives, and Aisles outlined in 14 -2C -7F; Drive-through facilities outlined in 14 -2C -7G. Drive-throughs on these lots are not limited to financial institutions and pharmacies; pedestrian, Bicycle, and Vehicular Circulation outlined in 14- 2C -7H-1 in that pedestrian access will not be provided from N. Dubuque Street; however, pedestrian access will be provided from Forest View Drive. iii. The minimum open space requirement established in 14 -2A -4(E) for Lots 16-73, as shown on the approved preliminary plat and planned development overlay, is hereby waived. iv. In accordance with 14 -3A -4K, for those lots shown as Lots 12, 13, 14, and 15 on the approved preliminary plat and planned development overlay, the building heights may exceed 35 -feet. On Lots 12 and 13, heights may not exceed 4 -stories. On Lot 14, one 3 -story, one 4 -story and one 5-sotry building shall be allowed. On Lot 15, two 5 -story buildings. i. Storm water management: Upon final plat approval, Owner shall execute a subdivider's agreement with the City that addresses, among other things, the need for annual certification of private storm water management systems to ensure that the systems will be properly maintained. j. Lot 14, as shown on the approved preliminary plat and planned development overlay plan, shall only be used for elderly housing as defined in 14-9A-1 of the Iowa City Code of Ordinances. k. Owner shall invest a minimum of $100,000 in private open space recreational amenities and install such amenities on Outlot D and Lot 49, as shown on the approved preliminary plat and planned development overlay plan. 4. The conditions contained herein are reasonable conditions to impose on the land under Iowa Code §414.5 (2019), 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 redevelopment 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. The parties further acknowledge that this agreement shall inure to the benefit of and bind all successors, representatives, and assigns of the parties. 7. 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 ppdadMagV190326_ae ised-0429.2019r o eppmved(1).d= 9 ,\ 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 4th day of June , 2019. City of Iowa City North Dubuque LLC, Z;n � Ji hrogmorton, May By: Attest: Kellig Fruehling,C�-&lerk By: pr ved by: l S 2-1% City Attorney's Office REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK poadMa9V190326_m-reNsetl-04.29.2019c o_approvW(1)G 10 /11\ City of Iowa City Acknowledgement: State of Iowa ss: Johnson County This instrument was acknowledged before me on IAi h 217rl by Jim Throgmorton and Kellie Fruehling as Mayor and Ci Clerk, respect'vely, of the City of Iowa City. Notary Public in and for State of Iowa Twi HRISTINE ONEYv:mission Number 806232(Stamp or Seal) �1 ommission Expires�( North Dubuque LLC Acknowledgment: State of _ County of This record was fore me on (Date) ker Of individual(s) as (type of authority) of North Dubuque LLC. Notary Pu'blc in and for the State of Iowa (Stamp or Seal) My commission expires: ppdadnVagV190326_m4etisea-04.29.2019c o eppro ed (1).d 11 �/\ 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 A��day of 20A City of Iowa City North Dubuque LLC, Owner Jim Throgm rton, ayor Y Attest: Kellie Fruehlin . itv Clerk By: Approved by: City Attornefs Office OF THIS PAGE INTENTIONALLY LEFT BLANK City of Iowa City Acknowledgement: State of Iowa ) ss: Johnson County ) This instrument was acknowledg ore me o 20 by Jim Throgmorton and Kellie Fruehling as Mayor an lark, respectively, of the City of Iowa City. in and fbc the State of Iowa (Stamp or Seal) North Dubuque LLC Acknowledgment: State of Tera County of S.w..sa. This record was acknowledged before me on 157/10/ 1 9 (Date) by n6'Tia.1 000Lf— (Name(s) of individual(s) as /K"aMyt— (type of authority) of North Dubuque LLC. of Iowa (Stamp or Seal) My commission expires: Zo12 A JEANINE L RUTTER NuM EVit8it" October 27, 2019 ppplahNapV1W3M WiexavOW 3p.2019rao appy E 11 FOREST VIEW MOBILE HOME PARK RELOCATION PLAN Iowa City, IA December 2016 (Revised May 2018) Prepared by HBK Engineering, LLC in partnership with North Dubuque, LLC, North Dubuque Developer, LLC, the residents of Forest View Mobile Home Park and the Centerfor Worker Justice %\ BACKGROUND North Dubuque, LLC is committed to building stronger neighborhoods by providing quality housing options for the residents of Forest View Mobile Home Park as the development surrounding it progresses. North Dubuque, LLC shares a vision for building a neighborhood of new modular condominium homes matchingthe needs of the residents. The residents, North Dubuque, LLC, North Dubuque Developer, LLC, Center for Worker Justice, and the City of Iowa City staff have met many times to discuss the development process and to create a vision for a new neighborhood southwest of Forest View Mobile Home Park. This relocation plan has been prepared for Forest View Mobile Home Park residents and will be funded by North Dubuque, LLC. The plan is guided by the principles of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (URA) and the pertinent federal regulations under 49 CFR Part 24. The primary goal of the proposed new Forest View neighborhood is to support the continuation of the strong community that exists and to provide high quality, decent, and safe housing for residents. There are several important considerations that underlie this relocation plan: 1. It is the goal of North Dubuque, LLC that the replacement housing will be comparable to what residents currently have in Forest View Mobile Home Park. z. Even though all residents in the Forest View Mobile Home Park will be required to move fromtheir current home, each resident will have options for replacement housing, either in the new Forest View Neighborhood or elsewhere. 3. North Dubuque, LLC remains committed to the concept of home ownership opportunities for the residents of Forest View Mobile Home Park. 4. Regardless of the chosen housing replacement option, North Dubuque, LLC is committed to minimizing the impact of permanent displacement and hardship for all current Forest View Mobile Home Park residents by offering move -related advisory services and covering expenses related to the move. This plan uses the following criteria to accomplish these goals: • Minimize the impact of permanent displacement and hardship. • The new neighborhood will be constructed and completed prior to relocation. • Provide a 4% Low -Income Housing Tax Credit (LIHTC), state tax-exempt housing bond or a similar program to provide a home ownership opportunity for theresidents. • Residents will have options to move to a home other than Forest View or lease -to -own a condominium at the apartment complex directly east of the new Forest View neighborhood. Characteristics of Current Forest View Mobile Home Park Forest View Mobile Home Park was originally built in the late 1940s and is located on Laura Drive, just south of I -8o, on the north side of Iowa City. The majority of the homes were constructed priorto 1974. There is on-site management, including leasing and maintenance staff. There is also an onsite play area, a soccer field, and laundry facilities. It is managed by North Dubuque, LLC and contains 155 lots for mobile homes (approximately 103 homes are occupied, 44 homes are vacant and 8 lots are vacant). Currently, it is unknown exactly how many of the 103 homes are owner -occupied or owned by a third party and rented to the occupant. However, members of North Dubuque, LLC are currently cross-referencing property records from Johnson County with leases to determine ownership. SUMMARY OF THE RELOCATION PLAN It is the goal of North Dubuque, LLC to minimize the impact of permanent displacement and hardship for all current residents of Forest View Mobile Home Park. For the purposes of this relocation plan, the term resident means any person occupying a housing unit. This Relocation Plan is effective as of the date that the Conditional Zoning Agreement (CZA) is signed by North Dubuque, LLC and the City of Iowa City. All persons who are residents on the day the CZA is signed are eligible for provisions outlined in this plan. For the purposes of this relocation plan: • "Eligible" means any resident that is in good standing with the property and is abiding by current lease agreements (if there is a lease agreement). • "Income -eligible" means that a resident is income eligible to move to the new Forest View neighborhood (see "Pathway to Home Ownership" section below). • "Good standing" means that the resident has not committed serious lease violations (if there is a lease agreement), such as rent or utility delinquencies. North Dubuque, LLC is committed to providing quality housing options for residents and it is their intention to relocate residents just once to comparable replacement housing (see Comparable Replacement Housing section below). The new Forest View Neighborhood will be built southwest of the current neighborhood (Forest View Mobile Home Park) and it is anticipated that approximately 57 new modular homes will be built based on the number of income -eligible residents and their desire to remain in the community. There are currently 103 homes at Forest View Mobile Home Park. As noted, approximately 57 new modular homes (each on their own lot) will be constructed in the new Forest View neighborhood. Additional opportunities for replacement homes will be made available in Johnson County or individual condominiums within the multi -family development, directly east of the New Forest View neighborhood, will be made available. In addition, North Dubuque, LLC is committed to including in the definition of the provision of "quality housing": • Incorporating green and environmentally friendly elements into the new home design and construction process of this project; • Providing the opportunity for income -eligible residents to participate in a lease -to -purchase pathway to home ownership. North Dubuque, LLC has contracted with HBK Engineering and North Dubuque Developer, LLC to write the relocation plan and help with the initial information -gathering and relocation efforts. To determine resident relocation preferences, a proposed number of new modular homes to be constructed and to communicate information directly to residents about the relocation process, North Dubuque, LLC directed HBK staff to go door- to-door with a Spanish translator. The communication with the residents during this one-on-one interview process includes: 1. An explanation of the proposed new development and the relocationprocess. z. Gathering the necessary information from the resident about the size of the household, names and ages of each person in the home, number of bedrooms, and the gross income of the household. Subsequently, North Dubuque, LLC in collaboration with North Dubuque Developer, LLC has held monthly meetings with Forest View Tenant Association and Center for Worker Justice and has held quarterly good neighbor meetings, in which all residents of Forest View have been invited to participate to keep informed on the development. Each resident will receive notification at least one (i) year in advance of the date they must move from Forest View Mobile Home Park. While many communication and information -gathering activities are currently ongoing, the relocation process activities (See Relocation Expenses and Process) will ramp up after the residents receive this notification. All of the relocation activities under this plan will be implemented by a Relocation Coordinator who will be retained by North Dubuque, LLC. Comparable Replacement Housing As defined for this project, comparable replacement housing is, at a minimum, a dwelling that is similar in size, function, and location to the dwelling in which the resident is living. Comparable replacement housing for displaced residents will meet decent, safe, and sanitary standards. The Relocation Coordinator will work with residents to find comparable housing that, whenever possible, will: • Be similar in size as they generally will have the same amount of space as the original home and will have similar improvements and amenities. The modular homes constructed in the new Forest View Neighborhood will have three bedrooms and Boo to i,000 SF and will, in most cases, be largerthan their current homes; • Contain the same principle features with regard to function. For example, if the original home has a separate dining and living room and the replacement home combines the dining and living rooms to accommodate the same activities, the replacement home is functionally equivalent to the original home; • Be located in an equal or better area as pertains to utilities and public and commercial facilities. Be decent, safe, and sanitary which means the dwelling is: 0 Structurally sound and in good repair 0 Weathertight 0 Walls must not leak 0 Utilities must not leak 0 Plumbing must work properly 0 Hot and Cold water must be provided 0 Heating systems must work properly and be adequate for size of housingunit 0 Lighting and wiring must work and be safe for use 0 Floors, stairways and railings must be safe 0 Rental units must be free from trash, rodents or pests 0 Sewer must be working properly 0 Adequate bins for trash 0 Units must meet compliance with lead-based paint, if applicable 0 Units must meet local city housing codes and standards Replacement Housing Options There are three categories of replacement housing in this plan: A) moving to the new Forest View Neighborhood if income eligible or B) relocating to replacement housing outside of the development or C) relocating to replacement housing within the Development. Priority will be determined by tenure in Forest View Mobile Home Park. In order of tenure, residents will have the option to choose the location of their new home within the neighborhood development or to relocate outside of the development. If the number of residents exceeds the number of modular homes built in the new Forest View neighborhood and the residents want to live in the development, then residents will have the option to choose a condominium in the apartment complex directly east of the new Forest View neighborhood. The options within each of these categories are described below. In order to provide a smooth transition for all residents, the Relocation Coordinator will be the contact person for the entire moving process, including assistance with selling or moving the existing home, acquiring new housing whether rental or purchase, moving expenses, utility disconnections and connections, and other issues related to ownership or unpaid taxes on the home. -0 A. Moving to a home in the new Forest View Neighborhood For those who choose and are income -eligible to move to the new Forest View Neighborhood, the proposed path forward is modeled around the Cleveland Housing Network system where they utilize a federal low- income housing tax credit (LIHTC) to provide homeownership opportunities to low- income families. Pathway to Home Ownership in the new Forest View Neighborhood when the following circumstance is applicable: • Resident owns the mobile home or rents and wants to move to the new Forest View neighborhood Each income -eligible resident that chooses to move to the new Forest View Neighborhood will enter into a lease -to -purchase contract for the home. For 15 years the relationship between the property owner/North Dubuque, LLC and the resident is one of a landlord and tenant. The resident will not be responsible for taxes, maintenance, and/or any obligations for condominium fees during those 15 years. In order to qualify for the lease -to - purchase program; at the date of move -in, a household income must be below 60% of the Area Median Income (AMI) for Iowa City, as defined by the US Department of Housing and Urban Development. As of June 6, 2016, 6o%AMI for a household of four is $51,840. The leasing period is for 15 years and during that time, financial education will be provided to prepare residents for homeownership. Each resident begins by leasing the home at the initial rent of $3101 month (the current lot rent) for a 1 -year term. For each additional year lease period, there will be a z% annual rent increase. During the 15 years of the compliance period for the LIHTC program, the resident accumulates equity in the home equal to the principal component of a 25 -year mortgage. The equity funds will be located in a bank account and residents will be sent annual statements to update them on their accumulated equity. (See example below and attached amortization table). At the end of 15 years, North Dubuque, LLC will work with the resident to help arrange financing to purchase the home. There are three possible scenarios available to the resident during and after the 15 -year leasing period: 1. Purchase at end of 15 years — Resident rents the home for 15 years under the conditions stated above. At the end of 15 years, Resident will have the option to purchase the home and use the accumulated equity to purchase the home for the amount of the remaining principal left on the loan. EXAMPLE: The sale price of the home is not necessarily the same as the cost to build the home. For example, a home may cost $202,000 to build, but because of the tax credits the home may sell for $66,340. After 15 years the funds in the bank account may be $24,103. In this case, the remaining balance to be financed is $42,237. Price of Home Construction Price $202,000 Sale price at beginning of lease $66,340 Subtract funds in bank account -$24,103 Final Sale Price at 15 Years $42,237 The maximum sale price for the modular home or condominium in the apartment complex for the existing residents of Forest View at the beginning of the lease will not exceed $66,34o. The accumulated funds in the bank account will be paid directly to the seller as a down payment if the tenant exercises the purchase option. Based on this calculation, the final sale price at 15 years (balance to be financed) will be $42,237• z. Decides not to purchase or does not qualify for a loan (due to credit issues or other factors) to purchase at end of 15 years — Resident(s) receive the equity accumulated over the 15 years as a cash payment. Resident(s) can continue to rent the property from North Dubuque, LLC under the same rental formula as previously established with the same household income as described above. 3. Moves from home prior to 15 years (not including eviction)— Resident receives the equity accumulated as a cash payment. North Dubuque, LLC will lease out the home to another household using rental requirements for 6o% area median income (AMI) limits. In Case of Eviction While North Dubuque, LLC is committed to providing affordable and quality housing for income - eligible residents, in the event of an eviction while renting at the new Forest View neighborhood there are two potential scenarios: t. If eviction is occurringfor non-payment of rent then the equity accumulated will be decreased by the rent due, and the resident receives the balance as a cash payment. z. If eviction is for other cause, the equity accumulated will be decreased by the cost to repair damages caused to the unit during the occupancy of the resident. The resident receives the balance as a cash payment. B. Moving to a home outside of the new Forest View Development The following circumstances are applicable • Resident owns the mobile home, but wants to move mobile home to another park • Resident owns the mobile home, cannot move the mobile home, and wants to buy another mobile home • Resident rents mobile home, wants to rent a mobile home, apt, duplex, single family home, etc. • Resident is neither an owner of a mobile home nor signatory to a written lease • Residents who are not income -eligible or who choose not to move to the new Forest View Neighborhood will also have options under this relocation plan. Two possible scenarios apply: 1. Mobile Home Relocation, if possible —For residents who currently own their mobile home and move it out of Forest View, if the new location is within 50 miles of Forest View, expenses will be covered or reimbursed by North Dubuque, LLC as described in detail below in the Relocation Expenses section. z. Moving to a different location and/or living situation—The relocation coordinator will work with residents who fit this scenario to determine comparable housing options. Replacement housing payments, not to exceed $7,200 per household, will be covered by North Dubuque, LLC as described in detail below in the Relocation Expenses section. 17IX C. Moving to a condominium within the development Pathway to Condominium Ownership in the neighboring Apartment Complex the following circumstance is applicable: Resident owns the mobile home or rents and wants to move to the apartment complex or the resident owns or rents the mobile home and wants to move to the new Forest View neighborhood but is unable to because the number of families exceeds the number of homes built in Forest View neighborhood. Each income -eligible resident will enter into a lease -to -purchase contract for the condominium . For 15 years the relationship between the property owner/North Dubuque, LLC and the resident is one of a landlord and tenant. The resident will not be responsible for taxes, maintenance, and/or any obligations for condominium fees during those 15 years. In order to qualify for the lease -to -purchase program; at the date of move -in, a household income must be below 60% of the Area Median Income (AMI)for Iowa City, as defined by the US Department of Housing and Urban Development. As of June 6, 2016, 6o% AMI for a household of four is $51,840. The leasing period is for 15 years and during that time, financial education will be provided to prepare residents for condominium ownership. Each resident begins by leasing the condominium at the initial rent of $31o/month (the current lot rent) for a 1 -year term. For each additional year lease period, there will be a z% annual rent increase. During the 15 years, the resident accumulates equity in the condominium equal to the principal component of a 25 -year mortgage. The equity funds will be located in a bank account and residents will be sent annual statements to update them on their accumulated equity. (See example below and attached amortization table). At the end of 15 years, North Dubuque, LLC will work with the resident to help arrange financing to purchase of the condominium. There are three possible scenarios available to the resident after the 15 -year leasing period: 1. Purchase at the end of 15 years — The same terms provided to residents in Forest View neighborhood apply, as shown: Sale price at beginning of lease $66,340 Subtract funds in bank account -$24,103 Final Sale Price at 15 Years $42,237 The maximum sale price for the modular home in the Forest View neighborhood or condominium in the apartment complex for the existing residents of Forest View at the beginning of the lease will not exceed $66,340. The accumulated funds in the bank account will be paid directly to the seller as a down payment if the tenant exercises the purchase option. Based on this calculation, the final sale price at 15 years (balance to be financed) will be $42,237• to 2i 2. Decides not to purchase or does not qualify for a loan (due to credit issues or other factors) to purchase at end of 15 years — Resident(s) receive the equity accumulated over the 15 years as a cash payment. Resident(s) can continue to rent the condominium from North Dubuque, LLC under the same rental formula as previously established with the same household income as described above. 3. Moves from condominium prior to 15 years (not including eviction)— Resident receives the equity accumulated as a cash payment. North Dubuque, LLC will lease out the condominium to another household using rental requirements for 6o% area median income (AMI) limits. In Case of Eviction While North Dubuque, LLC is committed to providing affordable and quality housing for income - eligible residents, in the event of an eviction while renting at the apartment complex east of the new Forest View neighborhood there are two potential scenarios: 1. If eviction is occurring for non-payment of rent then the equity accumulated will be decreased by the rent due, and the resident receives the balance as a cash payment. 2. If eviction is for other cause, the equity accumulated will be decreased by the cost to repair damages caused to the unit during the occupancy of the resident. The resident receives the balance as a cash payment. 11 1\ Replacement Housing Option Scenarios Income -eligible Resident owns mobile home wants to move to new Forest View neighborhood. —'�\\\�— \. \ At end of 15 Sell mobile enterinto During In home y .� \ ears, residents home / rental/lease }� , equity In home ,, agreement accumulates j ,, have option to /� %.' / purchase home f/ • Resident owns mobile home wants to move home to another mobile home park. ♦ Relocation \� If within 50 Move mobile ��� coordinator will �\ miles, up to �. home /j; work with $7,200 will resident /�, covered Resident owns mobile home, cannot move mobile home, wants to buy another mobile home Relocation \� if within 0 Sell mob ile coordinator will miles,upto \ home J , work with i $7,200 will be resident covered Income -eligible Resident rents mobile home, wants to move to new ForestView neighborhood \ During 15 At end of 15 Enter into N rental/lease ♦\ Years, equity in �� years, residents agreement hom / / have option to ! accumulates /' urchasehome ./ Resident rents mobile home, wants to rent a mobile home, apt, single familyhe Resident is neither an owner of a mobile home or a signatory to a written lease Relocation ♦ If within 5o miles, ORifincome \ coardinatorwill �)� $7200 will be \ eligible,enterinto End of 15 years, work with resident covered j i rental/lease optiontopurchase ! agreement,equity i . Income -eligible Resident rents or owns mobile home, wants to move to a condominium located in the complex directly east of Forest View Neighborhood or is unable to move to the new Forest View neighborhood because the number of families exceed the number of homes in the neighborhood. \ \ At end of 15 Enter into During 1S years, Sell Mobile home rental/lease `> equity in home j years, residents r'� agreement i accumulates / have option to / �/ l purchase home 12 tiN RELOCATION EXPENSES & PROCESS Relocation / Moving Expenses North Dubuque, LLC is applying the principles of the Uniform Relocation Act (URA) guidelines under 49 CFR 24.301 (9)(1-3). This section outlines agency guidelines for providing residents with transportation costs, packing personal property, and disconnecting and reinstalling utilities and relocated resident appliances. Once the exact number of residents wishing to stay in the neighborhood is determined, the developer can provide a more detailed relocation expense analysis. Everyone will be accommodated, regardless of whether they own the home or rent and regardless of their income. The ownership will be responsible for providing residents with eligible moving assistance and replacement housing assistance (following the pertinent guidelines set forth in49 CFR 24.301(&) and 49 CFR 502 of the URA), as outlined in the flat rate chart below. Out-of-pocket moving expenses will be covered per the Fixed Residential Moving Cost Schedule (2015) for Iowa: Number of Rooms with Furniture 1 Room 2 Rooms 3 Rooms 4 Rooms Payment $550 $700 $800 $900 All residents moving to the new Forest View neighborhood or apartment complex directly east of the new Forest View neighborhood will not receive out-of-pocket assistance for moving expenses as these costs will be offset by North Dubuque LLC hiring a moving agency. Replacement housing expenses: • For resident owners who choose to move their home: 1. The reasonable cost of disassembling, moving, and reassembling any structures attached to a mobile home, such as porches, decks, skirting, and awnings, which were not acquired, anchoring of the unit, and utility "hookup" charges. 2.The reasonable cost of repairs and/or modifications so that a mobile home can be moved and/or made decent, safe, and sanitary. Reasonable will be determined by the relocation coordinatorand will be decided based on the economic feasibility of the additional expenses. 3.The cost of a nonrefundable mobile home park entrance fee, to the extent it does not exceed thefee at a comparable mobile home park, if the relocation coordinator determines that payment of the fee is necessary to effect relocation. • For resident owners who choose not to move their home or if the home is not able to be moved, the owner must first try to sell the home on the open market, or negotiate with North Dubuque, LLC If resident is not able to sell the home within 6o days of moving to their new location, North Dubuque, LLC will pay resident fair market value for the property. For residents who are currently renting their mobile home, and either are not income -eligible or choose not to move to the new neighborhood, the resident is eligible for a replacement housing payment, not to exceed $7,200. 13 Relocation Process Activities Each resident will receive notification at least one (t) year in advance of the date they must move from Forest View Mobile Home Park, however, residents can voluntarily move at any time if they are not moving to the new Forest View neighborhood or the apartment complex directly east of Forest View neighborhood. The process for assisting them with their move will begin with that notice. Language translation and interpreting services will be provided at all stages of the relocation process. There will be a phased approach to the relocation process activities. • Phase I. During the first phase of the project, meetings will be held with property management at Forest View to discuss general relocation issues. The construction of the new neighborhood and apartment complex and other project infrastructure will be phased such that the residents will not have to move until a certificate of occupancy has been granted for the new modular homes or apartment complex. North Dubuque, LLC has determined that the entire construction process for the modular homes and the condominiums will last approximately iz months. • Phase II. In phase two, the Relocation Coordinator will conduct resident meetings to discussrelocation issues and options for eligible residents. • Phase III. Phase three will begin after the new neighborhood or apartment complex is complete and will include the actual relocation to the new home. Relocation coordinator All of the relocation activities under this strategy will be implemented by a Relocation Coordinator who will be designated by North Dubuque LLC. The Relocation Coordinator will be responsible for: • Studying the project extensively and identifying any relocation issues • Reviewing current rent roll • Continuing to review rent roll after relocation has begun • Reviewing current eviction "for cause" files and/or serious lease violations • Determining income -eligible relocation residents • Working with North Dubuque, LLC to determine moves based upon timelines and schedules • Compiling relocation checklists • Completing a Site Occupancy Report on each resident Conducting face -to face interviews with residents • Researching and gathering data to prepare detailed relocation plan for approval • Meeting with the assigned moving company The Relocation Coordinator will conduct face-to-face resident interviews to: • Obtain some information about each person in the home • Estimate all eligible expenses for relocation • Explain all notices, including rights & responsibilities of the resident • Provide accurate project information • Will assist with locating new housing options 14 1� \ Resident Notices and Communication The following notices will be.issued to each resident of Forest View during the relocation process: 1. North Dubuque, LLC will send a written notice to all of the residents at Forest View Mobile Home Park at least one year in advance of their move. This notice will explain that they are not being asked to move right away, that they should continue to pay their lot rent, and that they will be kept informed of the nature and dates of any subsequent activity with regard to their dwelling unit. They will also be provided with the name, phone number, and email address of a Relocation Staff person whom they are advised to contact for further information. The Relocation Staff person will obtain either a written receipt on a copy of the notice itself or a signed (green) U.S. Postal Service receipt for registered mail as evidence of the notification. i Initially, the Relocation Staff will evaluate the information provided by property management to determine if there are any obvious relocation related problems. A preliminary estimate of the cost for relocation will be completed. This estimate will identify the costs associated with moving. There will be connection costs and transfer fees for utility hook-ups including gas, electric, telephone and cable (if applicable), or any other services the residents were receiving at their previous home. There may be storage costs, packing and unpacking costs, and other possible out-of-pocketexpenses. North Dubuque, LLC will be responsible for paying for these expenses. 3. The Relocation Coordinator will administer all moves and will continue working with contractors, property management, and City of Iowa City inspectors, etc. ensuring that residents are treated fairly and with dignity and to ensure their rights are respected. The Relocation Coordinator will perform a walk-through of each new home to determine its living conditions and will issue move -in notices once the Certificate of Occupancy and rental permits have been obtained from the City of Iowa City. q Where possible, payment of all the moving and out-of-pocket expenses will be paid directly by North Dubuque, LLC to the appropriate utility or vendor. Where possible, any expenses (movingcosts, transfer fees for gas, electric, telephone & cable, etc.) that must be pre -paid by the resident will be done so prior to the move. The residents will be fully informed of the required documentation needed to support reimbursement of eligible out-of-pocket expenses that they pay. 5. Assurance that the homes that residents move to are decent, safe, and sanitary (DS&S), and suitable for the resident household will be the responsibility of North Dubuque, LLC. No resident will be allowed to move into their home before a Certificate of Occupancy (CO) is issued by the City of Iowa City. 6. Advisory or supportive services will be offered to residents being relocated. 7. North Dubuque, LLC will identify moving companies in the local area that will accommodate resident moves or residents may choose to move themselves. 8. Documentation will be available on a monthly basis to residents and the City showing allmoves with updated resident information. 15 /,IN oD Resident Meetings Resident meetings will be coordinated by the Relocation Staff and will be held during hours that accommodate all residents. A combination of day and evening meetings may occur and will last approximately one hour. Meeting dates and times will be posted in a prominent location for viewing, including the property management office. Agendas (a listing of what will happen at each meeting) will be written and approved by North Dubuque, LLC prior to each meeting. Minutes (documentation of what happened at the meeting) will be taken at each meeting. Relocation Services and Resources The Forest View residents will receive a brochure, which will provide information about relocation procedures, benefits, rights, protections, advisory services, and housing options. The Relocation Office will be on-site to ensure all residents have access to assistance. The resident will receive the following: • Explanation of all eligible relocation assistance • Explanation of appeal rights if dissatisfied with the relocation process • Explanation of other resources offering assistance • Information on credit checks and deposits • Assistance with relocating or finding a place to live The following are the required documentation that will be kept in each resident file: 1. Name and address of displacement dwelling 2. Original move -in date of each occupied dwelling 3. Age and sex of all household members 4. Monthly income (gross, not net) of all adult household members 5. Description of resident relocation needs and preferences 6. List of all referrals made to each resident 7. Description of replacement dwelling 8. Copy of Relocation Notice Letter (i.e., 12 -Month notice to move) q. Proof of receipt of Relocation Notice Letter 10. Notice of Condition of Occupancy and Acceptance 11. Copy of each supporting document to determine eligibility for payments made (if applicable) 12. Evidence and receipt of payment made (if applicable) 13. Copy of all correspondence to residents, including information regarding claim payments 14. Copy of all credit checks and deposits 15. Copy of all correspondence regarding appeals filed and resolution of action taken 16 OVERCOMING POTENTIAL IMPEDIMENTS TO RELOCATION • In the case where the title of the mobile home is not current, the development team will work with the resident to resolve title issues and to secure ownership of the home • If it is not safe to move the home (or cannot be sold within 60 days) then the developmentteam will hire an appraiser, offer fair market value price for the home and then purchase thehome. DISPUTE RESOLUTION In the event of a disagreement between the residents and North Dubuque, LLC during the relocation process, the Relocation Coordinator will reviewthe claims and offer a solution. If necessary, a professional mediator may be hired. 17 STATE OF IOWA JOHNSON COUNTY Fee ,,.....-.-.. _ Doc cID: 027528960025 Type: GE Kind: SUBDIVISION Recorded: 10/24/2019 at 10:44:02 AM Fee Amt: $127.00 Page 1 of 25 Johnson County Iowa Kim Painter County Recorder BK5972 PG98-122 ) ) SS ,.momft ,\ CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240-1826 (319) 356-5000 (319) 356-5009 FAX www.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.19-253, which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 15th day of October 2019, all as the same appears of record in my office. Also attached are the final legal documents for Kimball Corner Addition Subdivision, Iowa City, Iowa. Dated at Iowa City, Iowa, this aWday of (O "AbCr 2019 Kellie�K. Fruehling J City Clerk Ves subdivision 4s';r. MOM [A[ 1v Prepared by: Jesi Lile, Associate Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5240 (SUB19-07) Resolution No. 19-253 Resolution Approving Final Plat Of Kimball Corner Addition Subdivision, Iowa City, Iowa. Whereas, the owner, MS Ward Properties LLC, filed with the City Clerk the final plat of Kimball Corner Addition Subdivision, Iowa City, Iowa, Johnson County, Iowa; and Whereas, said subdivision is located on the following -described real estate in Iowa City, Johnson County, Iowa, to wit: A RESUBDIVISION OF A TRACT OF LAND SHOWN ON A PLAT OF SURVEY, RECORDED IN PLAT BOOK 37, PAGE 125 IN THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE, LOCATED IN THE EAST ONE-HALF OF THE SOUTHEAST ONE-QUARTER OF SECTION 3, TOWNSHIP 79 NORTH, RANGE 6 WEST OF THE 5TH PRINCIPAL MERIDIAN, CITY OF IOWA CITY, JOHNSON COUNTY, IOWA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST NORTHERLY CORNER OF A TRACT OF LAND SHOWN ON A PLAT OF SURVEY RECORDED IN PLAT BOOK 37, PAGE 125 IN THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE; THENCE S35034'22"E, ALONG THE NORTHEASTERLY LINE OF SAID TRACT OF LAND, 290.83 FEET TO THE MOST EASTERLY CORNER OF SAID TRACT OF LAND; THENCE S56022'51"W, ALONG THE ALONG THE SOUTHEASTERLY LINE OF SAID TRACT OF LAND, 75.88 FEET; THENCE N34°35'30"W, ALONG SAID SOUTHEASTERLY LINE, 1.72 FEET; THENCE S51°39'35"W, ALONG SAID SOUTHEASTERLY LINE, 45.51 FEET TO THE MOST SOUTHERLY CORNER OF SAID TRACT OF LAND; THENCE N35°33'17"W, ALONG A SOUTHWESTERLY LINE OF SAID TRACT OF LAND, 118.84 FEET; THENCE N33°20'26"E, ALONG THE WESTERLY LINE OF SAID TRACT OF LAND, 61.61 FEET; THENCE N35°41'59"W, ALONG SAID WESTERLY LINE, 33.78 FEET; THENCE N33°10'34"E, ALONG SAID WESTERLY LINE, 15.78 FEET; THENCE N56°10'25"W, ALONG A SOUTHWESTERLY LINE OF SAID TRACT OF LAND, 82.67 FEET TO THE MOST WESTERLY CORNER OF SAID TRACT OF LAND, SAID POINT ALSO BEING ON THE SOUTHEASTERLY RIGHT-OF-WAY LINE OF KIMBALL ROAD; THENCE N32054'50"E, ALONG THE NORTHWESTERLY LINE OF SAID TRACT OF LAND AND SAID SOUTHEASTERLY RIGHT-OF-WAY LINE, 84.06 FEET TO THE POINT OF BEGINNING, CONTAINING 0.58 ACRE (25,079 SQUARE FEET) 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 (2019) 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. by Resolution No. 19-253 Page 2 2. The City accepts the dedication of right-of-way 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. Passed and approved this 15th day of October / 20 19 Maygr Attest: C ty Clerk It was moved by Salih adopted, and upon roll call there were: Ayes: X X X X X X X Approved by W Citt' ty Attorney's Office l � � � �� and seconded by Nays: Cole Absent: the Resolution be Teague Cole Mims Salih Taylor Thomas Throgmorton pcdAemplalmMmoluton Flnal.doc.doc n CERTIFICATE OF COUNTY TREASURER KIMBALL CORNER ADDITION, CITY OF IOWA CITY, JOHNSON COUNTY, IOWA I, the undersigned, Treasurer of Johnson County, Iowa, or deputy thereof, hereby certify that the following described property, also known as Kimball Corner Addition is free from taxes or special assessments in the office of the Treasurer of Johnson County, Iowa: A RESUBDIVISION OF A TRACT OF LAND SHOWN ON A PLAT OF SURVEY, RECORDED IN PLAT BOOK 37, PAGE 125 IN THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE, LOCATED IN THE EAST ONE-HALF OF THE SOUTHEAST ONE-QUARTER OF SECTION 3, TOWNSHIP 79 NORTH, RANGE 6 WEST OF THE 5TH PRINCIPAL MERIDIAN, CITY OF IOWA CITY, JOHNSON COUNTY, IOWA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST NORTHERLY CORNER OF A TRACT OF LAND SHOWN ON A PLAT OF SURVEY RECORDED IN PLAT BOOK 37, PAGE 125 IN THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE; THENCE S35034'22"E, ALONG THE NORTHEASTERLY LINE OF SAID TRACT OF LAND, 290.83 FEET TO THE MOST EASTERLY CORNER OF SAID TRACT OF LAND; THENCE S56022'51"W, ALONG THE ALONG THE SOUTHEASTERLY LINE OF SAID TRACT OF LAND, 75.88 FEET; THENCE N34135'30"W, ALONG SAID SOUTHEASTERLY LINE, 1.72 FEET; THENCE S51139'35"W, ALONG SAID SOUTHEASTERLY LINE, 45.51 FEET TO THE MOST SOUTHERLY CORNER OF SAID TRACT OF LAND; THENCE N35°33'17"W, ALONG A SOUTHWESTERLY LINE OF SAID TRACT OF LAND, 118.84 FEET; THENCE N33120'26"E, ALONG THE WESTERLY LINE OF SAID TRACT OF LAND, 61.61 FEET; THENCE N35141'59"W, ALONG SAID WESTERLY LINE, 33.78 FEET; THENCE N33110'34"E, ALONG SAID WESTERLY LINE, 15.78 FEET; THENCE N56010'25"W, ALONG A SOUTHWESTERLY LINE OF SAID TRACT OF LAND, 82.67 FEET TO THE MOST WESTERLY CORNER OF SAID TRACT OF LAND, SAID POINT ALSO BEING ON THE SOUTHEASTERLY RIGHT-OF-WAY LINE OF KIMBALL ROAD; THENCE N3205415011E, ALONG THE NORTHWESTERLY LINE OF SAID TRACT OF LAND AND SAID SOUTHEASTERLY RIGHT-OF-WAY LINE, 84.06 FEET TO THE POINT OF BEGINNING, CONTAINING 0.58 ACRE (25,079 SQUARE FEET) AND IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. Also described as: Beginning at the most Northerly Corner of Lot C, of the Plat of Survey of part of Lot 34, in the subdivision of the Southeast Quarter of Section 3, Township 79 North, Range 6 West of the 5th P.M., as recorded in Plat Book 4, at page 272 of the records of the Johnson County Recorder's Office; Thence S35°34122"E, along the Easterly Line of said Lot C and Westerly Right -of -Way Line of North Governor Street, 291.06 feet, to the Southeast corner of said Lot C; Thence S56125'38"W, alongthe South Line of Said Lot C and Lot B, 75.98 feet; Thence N35134'22"W, along a South Line of said Lot B, 1.73 feet; Thence S51°22'38"W, along a (00284564) Z South Line of said Lot B, 45.52 feet, to the Southwest Corner of said Lot B; Thence N35°34'22"W, 118.92 feet; Thence N33°18'16"E, 61.56 feet, to a point on the East Line of said Lot B; Thence N35034122"W, along said East Line, 33.78 feet; Thence N33107138"E, 15.78 feet; Thence N56105'36"W, 83.44 feet, to a point on the Southeasterly Right-of-way Line of Kimball Road; Thence N33°18'16"E, along said Right -of -Way Line, 84.17 feet, to the Point of Beginning, as described on plat survey recorded in Book 37, Page 125, Plat Records of Johnson County, Iowa. Dated at Iowa City, Iowa this 1g day of September, 2019. Thomas L. Kriz, Treasurer of Johnson County, Iowa Parcel No. 1003479001 1003479002 {002845641 2v CERTIFICATE OF COUNTY AUDITOR KIMBALL CORNER ADDITION, CITY OF IOWA CITY, JOHNSON COUNTY, IOWA I, Travis Weipert, the Johnson County, Iowa, Auditor, hereby approve of Kimball Corner Addition, as a succinct and unique name for the subdivision containing the following described real estate located in Johnson County, Iowa: A RESUBDIVISION OF A TRACT OF LAND SHOWN ON A PLAT OF SURVEY, RECORDED IN PLAT BOOK 37, PAGE 125 IN THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE, LOCATED IN THE EAST ONE-HALF OF THE SOUTHEAST ONE-QUARTER OF SECTION 3, TOWNSHIP 79 NORTH, RANGE 6 WEST OF THE 5TH PRINCIPAL MERIDIAN, CITY OF IOWA CITY, JOHNSON COUNTY, IOWA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST NORTHERLY CORNER OF A TRACT OF LAND SHOWN ON A PLAT OF SURVEY RECORDED IN PLAT BOOK 37, PAGE 125 IN THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE; THENCE S35°34'22"E, ALONG THE NORTHEASTERLY LINE OF SAID TRACT OF LAND, 290.83 FEET TO THE MOST EASTERLY CORNER OF SAID TRACT OF LAND; THENCE S56022'51"W, ALONG THE ALONG THE SOUTHEASTERLY LINE OF SAID TRACT OF LAND, 75.88 FEET; THENCE N3413513011W, ALONG SAID SOUTHEASTERLY LINE, 1.72 FEET; THENCE S5113913511W, ALONG SAID SOUTHEASTERLY LINE, 45.51 FEET TO THE MOST SOUTHERLY CORNER OF SAID TRACT OF LAND; THENCE N35°33117"W, ALONG A SOUTHWESTERLY LINE OF SAID TRACT OF LAND, 118.84 FEET; THENCE N33°20126"E, ALONG THE WESTERLY LINE OF SAID TRACT OF LAND, 61.61 FEET; THENCE N3514115911W, ALONG SAID WESTERLY LINE, 33.78 FEET; THENCE N3311013411E, ALONG SAID WESTERLY LINE, 15.78 FEET; THENCE N56°10125"W, ALONG A SOUTHWESTERLY LINE OF SAID TRACT OF LAND, 82.67 FEET TO THE MOST WESTERLY CORNER OF SAID TRACT OF LAND, SAID POINT ALSO BEING ON THE SOUTHEASTERLY RIGHT-OF-WAY LINE OF KIMBALL ROAD; THENCE N3215415011E, ALONG THE NORTHWESTERLY LINE OF SAID TRACT OF LAND AND SAID SOUTHEASTERLY RIGHT-OF-WAY LINE, 84.06 FEET TO THE POINT OF BEGINNING, CONTAINING 0.58 ACRE (25,079 SQUARE FEET) AND IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. Also described as: Beginning at the most Northerly Corner of Lot C, of the Plat of Survey of part of Lot 34, in the subdivision of the Southeast Quarter of Section 3, Township 79 North, Range 6 West of the 5th P.M., as recorded in Plat Book 4, at page 272 of the records of the Johnson County Recorder's Office; Thence S35134'22"E, along the Easterly Line of said Lot C and Westerly Right -of -Way Line of North Governor Street, 291.06 feet, to the Southeast corner of said Lot C; Thence S5612513811W, along the South Line of Said Lot C and Lot B, 75.98 (00284714} v feet; Thence N35134122"W, along a South Line of said Lot B, 1.73 feet; Thence S51°22'38"W, along a South Line of said Lot B, 45.52 feet, to the Southwest Corner of said Lot B; Thence N35°34'22"W, 118.92 feet; Thence N33°18'16"E, 61.56 feet, to a point on the East Line of said Lot B; Thence N35134'22"W, along said East Line, 33.78 feet; Thence N33°07'38"E, 15.78 feet; Thence N56°05'36"W, 83.44 feet, to a point on the Southeasterly Right-of-way Line of Kimball Road; Thence N33118'16"E, along said Right -of -Way Line, 84.17 feet, to the Point of Beginning, as described on plat survey recorded in Book 37, Page 125, Plat Records of Johnson County, Iowa. Witness my hand and seal this 1 7 day of sEPrbrrm62 , 2019. Travis Weipert, Johnson County Auditor {00284714} v 2 Prepared by: Ryan J. Prahm 425 E. Oakdale Blvd. Suite 201 (319) 351-2028 Pugh Hagan Prahm PLC Coralville, IA 52241 Fax: (319) 351-1102 OPINION OF ATTORNEY KIMBALL CORNER ADDITION, CITY OF IOWA CITY, JOHNSON COUNTY, IOWA I, Ryan J. Prahm, 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: A RESUBDIVISION OF A TRACT OF LAND SHOWN ON A PLAT OF SURVEY, RECORDED IN PLAT BOOK 37, PAGE 125 IN THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE, LOCATED IN THE EAST ONE-HALF OF THE SOUTHEAST ONE-QUARTER OF SECTION 3, TOWNSHIP 79 NORTH, RANGE 6 WEST OF THE 5TH PRINCIPAL MERIDIAN, CITY OF IOWA CITY, JOHNSON COUNTY, IOWA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST NORTHERLY CORNER OF A TRACT OF LAND SHOWN ON A PLAT OF SURVEY RECORDED IN PLAT BOOK 37, PAGE 125 IN THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE; THENCE S35°34'22"E, ALONG THE NORTHEASTERLY LINE OF SAID TRACT OF LAND, 290.83 FEET TO THE MOST EASTERLY CORNER OF SAID TRACT OF LAND; THENCE S56022'51"W, ALONG THE ALONG THE SOUTHEASTERLY LINE OF SAID TRACT OF LAND, 75.88 FEET; THENCE N34°35'30"W, ALONG SAID SOUTHEASTERLY LINE, 1.72 FEET; THENCE S51°39'35"W, ALONG SAID SOUTHEASTERLY LINE, 45.51 FEET TO THE MOST SOUTHERLY CORNER OF SAID TRACT OF LAND; THENCE N35°33'17"W, ALONG A SOUTHWESTERLY LINE OF SAID TRACT OF LAND, 118.84 FEET; THENCE N33020'26"E, ALONG THE WESTERLY LINE OF SAID TRACT OF LAND, 61.61 FEET; THENCE N35°41'59"W, ALONG SAID WESTERLY LINE, 33.78 FEET; THENCE N33°10'34"E, ALONG SAID WESTERLY LINE, 15.78 FEET; THENCE N56°10'25"W, ALONG A SOUTHWESTERLY LINE OF SAID TRACT OF LAND, 82.67 FEET TO THE MOST WESTERLY CORNER {00284587) v 2 OF SAID TRACT OF LAND, SAID POINT ALSO BEING ON THE SOUTHEASTERLY RIGHT-OF-WAY LINE OF KIMBALL ROAD; THENCE N32°54'50"E, ALONG THE NORTHWESTERLY LINE OF SAID TRACT OF LAND AND SAID SOUTHEASTERLY RIGHT-OF-WAY LINE, 84.06 FEET TO THE POINT OF BEGINNING, CONTAINING 0.58 ACRE (25,079 SQUARE FEET) AND IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. Also described as: Beginning at the most Northerly Corner of Lot C, of the Plat of Survey of part of Lot 34, in the subdivision of the Southeast Quarter of Section 3, Township 79 North, Range 6 West of the 5th P.M., as recorded in Plat Book 4, at page 272 of the records of the Johnson County Recorder's Office; Thence S35034'22"E, along the Easterly Line of said Lot C and Westerly Right -of -Way Line of North Governor Street, 291.06 feet, to the Southeast corner of said Lot C; Thence S56°25'38"W, along the South Line of Said Lot C and Lot B, 75.98 feet; Thence N35°34'22"W, along a South Line of said Lot B, 1.73 feet; Thence S51022'38"W, along a South Line of said Lot B, 45.52 feet, to the Southwest Corner of said Lot B; Thence N35°34'22"W, 118.92 feet; Thence N33018'16"E, 61.56 feet, to a point on the East Line of said Lot B; Thence N35°34'22"W, along said East Line, 33.78 feet; Thence N33°07'38"E, 15.78 feet; Thence N56005'36"W, 83.44 feet, to a point on the Southeasterly Right-of-way Line of Kimball Road; Thence N33018'16"E, along said Right -of -Way Line, 84.17 feet, to the Point of Beginning, as described on plat survey recorded in Book 37, Page 125, Plat Records of Johnson County, Iowa. It is hereby certified that fee simple title to said property, to become known as Kimball Comer Addition, City of Iowa City, Johnson County, Iowa, is in MS Ward Properties, LLC free and clear of all liens and encumbrances except for the following mortgage liens: A. A Mortgage in favor of Hills Bank & Trust Company dated the 15th day of December, 2017, and recorded the 22nd day of December, 2017, in Book 5740, at Page 634 of the Records of the Recorder of Johnson County, Iowa. B. An Assignment of Rents in favor of Hills Bank & Trust Company dated December 15, 2017, and recorded December 22, 2017, in Book 5740, Page 642 of the Records of the Recorder of Johnson County, Iowa. C. A Mortgage in favor of Hills Bank & Trust Company dated the 29th day of August, 2018, and recorded the 7th day of September, 2018, in Book 5834, at Page 541 of the Records of the Recorder of Johnson County, Iowa. [002845871 .2� Dated at Coralville, Iowa, this 13`h day of September, 2019. an J. rahm Pug gan Prahm PLC 425 E. Oakdale Blvd, Suite 201 Coralville, IA 52241 (319) 351-2028 Phone (00284587) 2 Prepared by: Ryan J. Prahm 425 E. Oakdale Blvd., Suite 201 Pugh Hagan Prahm PLC Coralville, IA 52241 CONSENT OF MORTGAGEE TO SUBDIVISION KIMBALL CORNER ADDITION CITY OF IOWA CITY, JOHNSON COUNTY, IOWA The undersigned, Hills Bank and Trust Company, is the Mortgagee of: Phone(319)351-2028 FAX (319) 351-1102 A. A Mortgage in favor of Hills Bank & Trust Company dated the 15th day of December, 2017, and recorded the 22nd day of December, 2017, in Book 5740, at Page 634 of the Records of the Recorder of Johnson County, Iowa. B. An Assignment of Rents in favor of Hills Bank & Trust Company dated December 15, 2017, and recorded December 22, 2017, in Book 5740, Page 642 of the Records of the Recorder of Johnson County, Iowa. C. A Mortgage in favor of Hills Bank & Trust Company dated the 29th day of August, 2018, and recorded the 7th day of September, 2018, in Book 5334, at Page 541 of the Records of the Recorder of Johnson County, Iowa. Said Mortgages record therein that property to be designated as Kimball Corner Addition, and legally described on the attached Exhibit "A". That the undersigned Mortgagee, pursuant to the provisions of Chapter 354, Code of Iowa, does hereby consent to the platting of this subdivision by MS Ward Properties, LLC 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. (00284717) Z Legal Description A RESUBDIVISION OF A TRACT OF LAND SHOWN ON A PLAT OF SURVEY, RECORDED IN PLAT BOOK 37, PAGE 125 IN THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE, LOCATED IN THE EAST ONE-HALF OF THE SOUTHEAST ONE-QUARTER OF SECTION 3, TOWNSHIP 79 NORTH, RANGE 6 WEST OF THE 5TH PRINCIPAL MERIDIAN, CITY OF IOWA CITY, JOHNSON COUNTY, IOWA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST NORTHERLY CORNER OF A TRACT OF LAND SHOWN ON A PLAT OF SURVEY RECORDED IN PLAT BOOK 37, PAGE 125 IN THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE; THENCE S35°34'22"E, ALONG THE NORTHEASTERLY LINE OF SAID TRACT OF LAND, 290.83 FEET TO THE MOST EASTERLY CORNER OF SAID TRACT OF LAND; THENCE S56022'51"W, ALONG THE ALONG THE SOUTHEASTERLY LINE OF SAID TRACT OF LAND, 75.88 FEET; THENCE N34°35'30"W, ALONG SAID SOUTHEASTERLY LINE, 1.72 FEET; THENCE S51°39'35"W, ALONG SAID SOUTHEASTERLY LINE, 45.51 FEET TO THE MOST SOUTHERLY CORNER OF SAID TRACT OF LAND; THENCE N35033'17"W, ALONG A SOUTHWESTERLY LINE OF SAID TRACT OF LAND, 118.84 FEET; THENCE N33°20'26"E, ALONG THE WESTERLY LINE OF SAID TRACT OF LAND, 61.61 FEET; THENCE N35041'59"W, ALONG SAID WESTERLY LINE, 33.78 FEET; THENCE N33°10'34"E, ALONG SAID WESTERLY LINE, 15.78 FEET; THENCE N56010'25"W, ALONG A SOUTHWESTERLY LINE OF SAID TRACT OF LAND, 82.67 FEET TO THE MOST WESTERLY CORNER OF SAID TRACT OF LAND, SAID POINT ALSO BEING ON THE SOUTHEASTERLY RIGHT-OF-WAY LINE OF KIMBALL ROAD; THENCE N32°54'50"E, ALONG THE NORTHWESTERLY LINE OF SAID TRACT OF LAND AND SAID SOUTHEASTERLY RIGHT-OF-WAY LINE, 84.06 FEET TO THE POINT OF BEGINNING, CONTAINING 0.58 ACRE (25,079 SQUARE FEET) AND IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. Also described as: Beginning at the most Northerly Corner of Lot C, of the Plat of Survey of part of Lot 34, in the subdivision of the Southeast Quarter of Section 3, Township 79 North, Range 6 West of the 5th P.M., as recorded in Plat Book 4, at page 272 of the records of the Johnson County Recorder's Office; Thence S35°34'22"E, along the Easterly Line of said Lot C and Westerly Right -of -Way Line of North Governor Street, 291.06 feet, to the Southeast corner of said Lot C; Thence S56025'38"W, along the South Line of Said Lot C and Lot B, 75.98 feet; Thence N35034'22"W, along a South Line of said Lot B, 1.73 feet; Thence S51022'38"W, along a South Line of said Lot B, 45.52 feet, to the Southwest Corner of said Lot B; Thence N35034'22"W, 118.92 feet; Thence N33018'16"E, 61.56 feet, to a point on the East Line of said Lot B; Thence N35°34'22"W, along said East Line, 33.78 feet; Thence N33°07'38"E, 15.78 feet; Thence N56°05'36"W, 83.44 feet, to a point on the Southeasterly Right-of-way Line of Kimball Road; Thence N33°18'16"E, along said Right -of -Way Line, 84.17 feet, to the Point of Beginning, as described on plat survey recorded in Book 37, Page 125, Plat Records of Johnson County, Iowa. (00284717) .v 2 Dated this _ qr7 day of September, 2019 HILLS BANK AND TRUST COMPANY Brandon J. Keese, Vice -President Commercial Banking STATE OF IOWA, COUNTY OF JOHNSON ) ss: This instrument was acknowledged before me on this l of September, 2019, by Brandon J. Keese, Vice -President Commercial Banking of Hills Bank and rust Company. Not Public in anfor said State JACE N BAILEY 210AX Commission Number 74862 MYF�hea 100284717) nv Prepared by: Ryan J. Prahm 425 E. Oakdale Blvd, Suite 201 (319) 351-2028 Pugh Hagan Prahm PLC Coralville, Iowa facsimile (319) 351-1102 SUBDIVIDER'S AGREEMENT KIMBALL CORNER ADDITION CITY OF IOWA CITY, JOHNSON COUNTY, IOWA THIS AGREEMENT made by and between MS Ward Properties, LLC, hereinafter referred to as "Subdivider", and the City of Iowa City, Iowa, a municipal corporation, hereinafter referred to as the "City„ WITNESSETH IT IS, THEREFORE, HEREBY AGREED AS FOLLOWS: 1. All electrical, telephone and cable television service and distribution lines shall be installed underground. 2. 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 $278.16 ($479.59 per acre for 0.58 acres). 3. Prior to the issuance of any building permit for any lot in the subdivision, Subdivider shall pay to the City a neighborhood open space fee in the amount of $603.33 for Lot 2 in lieu of dedicating 0.0075 acres for neighborhood open space pursuant to the provisions of Section 14-5K-6 of the Iowa City Code of Ordinances. {00290622} vv 4. Plat notes and surveyor's notes on plats serve to provide notice of how a subdivision is expected to develop. Said notes are not intended to create any vested private interest in any stated use restriction or covenant, or create any third party beneficiaries to any noted use restriction or covenant. The City reserves the right, in its sole discretion, subject to any applicable public notice and approval process required by law, to alter or amend any plat note, or to sell or vacate any right-of-way, street, alley, park, easement, open area or other land set apart and dedicated for public use within the plat. The City further reserves the right, upon request of the owner or successor in interest, to vacate the plat and/or relocate any easement, alter lot boundaries or allow said land to be replatted subject to any applicable public notice and approval process required by law. 5. This agreement shall inure to the benefit and bind the successors and assigns of the respective parties hereto and shall be construed as a covenant running with the title to the lots within the subdivision. Dated this _I (o day of St p-� 2019. MS WARD PROPERTIES, LLC By: Name: N(h L 4$ W A 2' Its: Manager STATE OF '{-Oi. Iq , COUNTY OF-� o/f/.� Sohl ss: This instrument was acknowledged before me on this -0- day of sw t�• b- r 2019, by Mike Ward, Manager of MS Ward Properties, LLC. RYAN PRAHM No Pub cin and for said State T. Commission N� ber 759591 My Commission Expires 'Op August 14, 2021 REMAINDER OF THIS PAGE DELIBERATELY LEFT BLANK. {00290622} tiv [Signature page to Subdivider's Agreement] CITY OF IOWA CITY, IOWA By: el Am Throgmorton, Mayor ATTEST: By: Kel ie Fruehling OVSlerk STATE OF IOWA, COUNTY OF JOHNSON, ss: On this � Ekh day of ASI V Y— , 2019, 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 voluntariyed. Notary Public in and for sa>d State ,� CHRISTINE OLNEY Z � Commission Number 808232 t i I'y Commission fires OWA �j .,J {00290622} ,�v Prepared by: Ryan J. Prahm 425 E. Oakdale Blvd., Suite 201 Phone (319) 351-2028 Pugh Hagan Prahm PLC Coralville, IA 52241 FAX (319) 351-1102 UNDERGROUND UTILITY EASEMENT KIMBALL CORNER ADDITION CITY OF IOWA CITY, JOHNSON COUNTY, IOWA In consideration of the approval of the Final Plat of Kimball Corner Addition, City of Iowa City, Johnson County, Iowa, the undersigned owner hereby grants to the City of Iowa City, Iowa, MidAmerican Energy Co., Mediacom, CenturyLink and their successors (hereinafter collectively "Grantees") a perpetual easement upon, over, under, along and across the areas designated on the Final Plat of Kimball Corner Addition, City of 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. (00284719) [Signature Page to Underground Utility Easement] MS WARD PROPERTIES, LLC By: "• U Mike Ward, Manager STATE OF IOWA ) ) ss: COUNTY OF JOHNSON ) This instrument was acknowledged before me on this 1 b day of 1, - , 2019, by Mike Ward, Manager of MS Ward Properties, LLC. No blic in and for said State 4a� �, RYAN PRAMM � Commission Number 759591 My Commisswn E,cplres �ow� August 14, 2021 {00284719) Prepared by Ryan J. Prahm 425 E. Oakdale Blvd., Suite 201 (319) 351-2028 and return to: Pugh Hagan Prahm PLC Coralville, IA 52241 Fax: (319) 351-1102 STORM SEWER EASEMENT KIMBALL CORNER ADDITION CITY OF IOWA CITY, JOHNSON COUNTY, IOWA In consideration of the approval of the Final Plat of Kimball Corner Addition, City of Iowa City, Johnson County, Iowa, MS Ward Properties, LLC ("Subdivider") hereby grants to the City of Iowa City, Iowa ("City") a perpetual easement upon, over, under, along and across the areas designated on the Final Plat of Kimball Corner Addition, Iowa City, Johnson County, Iowa, as "stone sewer easement" ("Easement Area") as located within the Subdivision. The City shall have the right to excavate, install, replace, maintain and use such storm sewer lines, pipes, mains, and conduits as the City shall from time to time elect for conveying storm water, with all necessary appliances and fittings for 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 Easement Area. The City shall also have the following rights in connection with the above: I. The right of grading said Easement Area for the full width thereof, and the right to extend the cuts and fills for such grading into and on said land along and outside of said Easement Area, to such extent as the City may find reasonably necessary. 2. The right from time to time to trim, cut down and clear away all trees and brush on said Easement Area, and on either side of said Easement Area which now or hereafter in the opinion of the City may be a hazard to said areas or may interfere with the exercise of the City's rights hereunder in any manner. The City shall promptly backfill any trench made by it, and repair any damages caused by the City within the Easement areas. The City shall indemnify the Subdivider and their successors in interest 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. Except as expressly provided herein, the City shall have no responsibility for maintain the Easement areas. The Subdivider may use said Easement Area for purposes which will not interfere with the City's full enjoyment of its rights granted herein; provided that the Subdivider shall not erect or {00290618} N 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 Area, or diminish or substantially add to the ground cover over said Easement Area. Subdivider may place trees and/or fences in the Easement Area upon the written approval of the City. However, fences or trees placed in the Easement Area, with or without City approval, may be removed by the City without obligation or compensation or replacement. The Subdivider hereby covenants that they are lawfully seized and possessed of the real estate above described, and that they have 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 ItP day of 2019. MS WARD PROPERTIES, LLC By: LZ4 Mike Ward, Manages STATE OF IOWA, JOHNSON COUNTY, ss. This record was acknowledged before me on the / day of ST b� 2019, by Mike Ward, as Manager of MS Ward Properties, LLC. 7?z.lt- Nota Pub is in and for the State of Iowa L%, RYAN PRAHM LCommisslon Number 759591 My Conu,nssion Expires owr Ary,.nt 14, 2021 {00290618} tiv CITY OF IOWA CITTY, IOWfAA By: Jim Thr gmorton, Mayor ATTEST: By: Kellie Fruehling C�#j Clerk STATE OF IOWA, COUNTY OF JOHNSON, ss: �-h On this ) S day of l Cj D C .2019. before me. the undersiened. 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. otary Public in and for said State a � CHRISTINE OLNEY s * S Commission Number 806232 ♦.r_•My Comml 5=M8 100290618} ,LN Prepared by: Ryan J. Prahm 425 E. Oakdale Blvd, Suite 201 (319) 351-2028 Pugh Hagan Prahm PLC Coralville, Iowa facsimile (319) 351-1102 OWNER'S CERTIFICATE AND DEDICATION KIMBALL CORNER ADDITION CITY OF IOWA CITY, JOHNSON COUNTY, IOWA KNOW ALL MEN BY THESE PRESENTS: MS Ward Properties, LLC does hereby certify and state that it is the owner and proprietor of the following described real estate situation in Johnson County, Iowa, to -wit: A RESUBDIVISION OF A TRACT OF LAND SHOWN ON A PLAT OF SURVEY, RECORDED IN PLAT BOOK 37, PAGE 125 IN THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE, LOCATED IN THE EAST ONE-HALF OF THE SOUTHEAST ONE-QUARTER OF SECTION 3, TOWNSHIP 79 NORTH, RANGE 6 WEST OF THE 5TH PRINCIPAL MERIDIAN, CITY OF IOWA CITY, JOHNSON COUNTY, IOWA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST NORTHERLY CORNER OF A TRACT OF LAND SHOWN ON A PLAT OF SURVEY RECORDED IN PLAT BOOK 37, PAGE 125 IN THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE; THENCE S35°34'22"E, ALONG THE NORTHEASTERLY LINE OF SAID TRACT OF LAND, 290.83 FEET TO THE MOST EASTERLY CORNER OF SAID TRACT OF LAND; THENCE S56°22'51"W, ALONG THE ALONG THE SOUTHEASTERLY LINE OF SAID TRACT OF LAND, 75.88 FEET; THENCE N34035'30"W, ALONG SAID SOUTHEASTERLY LINE, 1.72 FEET; THENCE S51039'35"W, ALONG SAID SOUTHEASTERLY LINE, 45.51 FEET TO THE MOST SOUTHERLY CORNER OF SAID TRACT OF LAND; THENCE N35133117"W, ALONG A SOUTHWESTERLY LINE OF SAID TRACT OF LAND, 118.84 FEET; THENCE N33020'26"E, ALONG THE WESTERLY LINE OF SAID TRACT OF LAND, 61.61 FEET; THENCE N35041'59"W, ALONG SAID WESTERLY LINE, 33.78 FEET; THENCE N33010'34"E, ALONG SAID WESTERLY LINE, 15.78 FEET; THENCE N56110'25"W, ALONG A SOUTHWESTERLY LINE OF SAID TRACT OF LAND, 82.67 FEET TO THE MOST WESTERLY CORNER OF SAID TRACT OF LAND, SAID POINT ALSO BEING ON THE SOUTHEASTERLY RIGHT-OF-WAY LINE OF KIMBALL ROAD; THENCE (00284559) nv V N32°54'50"E, ALONG THE NORTHWESTERLY LINE OF SAID TRACT OF LAND AND SAID SOUTHEASTERLY RIGHT-OF-WAY LINE, 84.06 FEET TO THE POINT OF BEGINNING, CONTAINING 0.58 ACRE (25,079 SQUARE FEET) AND IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. Also described as: Beginning at the most Northerly Corner of Lot C, of the Plat of Survey of part of Lot 34, in the subdivision of the Southeast Quarter of Section 3, Township 79 North, Range 6 West of the 5th P.M., as recorded in Plat Book 4, at page 272 of the records of the Johnson County Recorder's Office; Thence S35134'22"E, along the Easterly Line of said Lot C and Westerly Right -of -Way Line of North Governor Street, 291.06 feet, to the Southeast corner of said Lot C; Thence S56125'3811W, along the South Line of Said Lot C and Lot B, 75.98 feet; Thence N35°34'22"W, along a South Line of said Lot B, 1.73 feet; Thence S51022'38"W, along a South Line of said Lot B, 45.52 feet, to the Southwest Corner of said Lot B; Thence N35034'22"W, 118.92 feet; Thence N33018116"E, 61.56 feet, to a point on the East Line of said Lot B; Thence N35134'22"W, along said East Line, 33.78 feet; Thence N33°07'38"E, 15.78 feet; Thence N56005'36"W, 83.44 feet, to a point on the Southeasterly Right-of-way Line of Kimball Road; Thence N33018116"E, along said Right -of -Way Line, 84.17 feet, to the Point of Beginning, as described on plat survey recorded in Book 37, Page 125, Plat Records of Johnson County, Iowa. MS Ward Properties, LLC does further state that the subdivision of said real estate as it appears on the Final Plat of Kimball Corner Addition, to which this certification and dedication is attached, is with its free consent and in accordance with the desire of the undersigned owner. The easements A and Outlot "A" in the subdivision, hereinafter known and designated as Kimball Corner Addition are hereby dedicated to the public, as provided by Chapter 354 of the 2019 Code of Iowa, as amended. IN WITNESS WHEREOF, the proprietors have caused these presents to be signed on this 14 *11' day of September, 2019. OWNER: MS WARD PROPERTIES, LLC By: Mike Ward Its: Manager (00284559) N STATE OF IOWA ) ) ss: COUNTY OF JOHNSON ) This instrument was acknowledged before me on the ](,2 day of kp44, y..r , 2019, by Mike Ward as Manager of MS Ward Properties, LLC Nott -Pu lic in and for the State of Iowa =021C.RYANAHM mber 759591on Expires , 2021 (00284559) Prepared by: Mark A. Stein 1917 S. Gilbert Street 319-351-8282 Return to: MMS Consultants Inc Iowa City, Iowa 52240 AFFIDAVIT PERTAINING TO PLAT OF SURVEY RECORDED IN PLAT BOOK 37 PAGE 125 LOCATED IN THE SE % OF SECTION 3, T79N, R6W OF THE 5TH P.M. IOWA CITY, JOHNSON COUNTY, IOWA STATE OF IOWA ) )SS. JOHNSON COUNTY ) The undersigned, being first duly sworn to oath, does depose and state the following: 1. I am a licensed Land Surveyor with State of Iowa License Number 14675. 2. The legal description as shown on the Warranty Deed recorded in Book 5740, Page 629 in the records of the Johnson County Recorder's Office was obtained from the Plat of Survey recorded in Plat Book 37, Page 125 in the records of the Johnson County Recorder's Office. The boundary for this survey and plat was completed in 1996. 3. The survey to re-establish the boundary lines for the proposed Kimball Comer Addition, City of Iowa City, Johnson County, Iowa was completed in May of 2019 by me or under my direct personal supervision. 4. Over the 23 years between the dates of the surveys some of the property pins have been replaced and different surveying instruments are now being used so some of the surveying measurement techniques have changed or evolved over the years. 5. Many of the distances and bearings of the legs (sides) of the initial tract are different, but within reason of the bearings and distances described in the 1996 survey and deed that followed. 6. The measured and record distances are listed on the proposed Final Plat of Kimball Corner Addition, City of Iowa City, Johnson County, Iowa. 7. The area of the tract surveyed in both 1996 and 2019 are both 0.58 acre. 8. It is my opinion that the legal description from the Warranty Deed recorded in Book 5740, Page 629 and the Plat of Survey recorded in Plat Book 37, Page 125 and the proposed Final Plat of Kimball Corner Addition, City of Iowa City, Johnson County, Iowa are descriptions of the same tract of land. TA6728\6728-003\6728-003A1.docx v Dated this day tember, 2019. ,QQg • •,,, ,,I���' • �� .•' QOM, • • �,� - e MARK A. '• y x Mark A. Stein, PLS Iowa License Number 14675 c _ ! Q.STEIN : (Seal) =�' 14675 .' a Subscribed and swom to before me by the said Mark A. Stein this /,X -11y of September, 2019. LORI K YODER el Commission Number 759128 commission - • 'pS My commission Expires July 13 Wafary Public in an fo • the State of Iowa TA6728\6728-003\6728-003A1.docx v iii►��►����►��iiii►►�i�►�►���►►►�►���►���►►►�►��►►i�►�����►►���►►�►►����►►�►��►i Ooc ID: 027531030033 Type: GEN ' 1' Kind: SUBDIVISION f Recorded: 10/28/2019 at 12:14:20 PM Fee Amt: $167.00 Page 1 of 33 j1 �+7t�s' I Johnson County Iona w®�Q� Kim Painter County Recorder BK5973 PG15-47 CITYIOWA CITY 410 East Washington Street f�' Iowa City. Iowa 52240-1826 11 (319) 356-5000 (319) 356-5009 FAX STATE OF IOWA ) 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. 19-222, which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 20th day of August 2019, all as the same appears of record in my office. (V Also attached are the final legal documents for4Gqvm7 Creek Subdivision, Iowa City, Iowa. CHERRY W Dated at Iowa City, Iowa, this 2eday of C)('A &',r 2019. (t:F. J �()INA'f^�i ! <Q - , ON JCA! 'QJ./Jr/e (/t SSIII'L. T Prepared by: Ray Heitner, Associate Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5240 (SUB19-03) Resolution No. 19-222 Resolution Approving Final Plat Of Cherry Creek Subdivision, Iowa City, Iowa. Whereas, the owner, Bedrock, LLC, filed with the City Clerk the final plat of Cherry Creek Subdivision, Iowa City, Iowa, Johnson County, Iowa; and Whereas, said subdivision is located on the following -described real estate in Iowa City, Johnson County, Iowa, to wit: Auditor's Parcel 2015101, Iowa City, Johnson County, Iowa in accordance with the plat thereof recorded in plat book 60, at page 106, in the records of the Johnson County Recorders Office. mmy Auditor's Parcel 2015102, Iowa City, Johnson County, Iowa, in accordance with the plat thereof recorded in plat book 60, at page 106, in the records of the Johnson County Recorder's Office. Said parcels contain 18.03 acres and subject to easements and restrictions of record. Whereas, the Neighborhood and Development Services Department and the Public Works Department examined the proposed final plat and subdivision, and recommended approval; and Whereas, a dedication has been made to the public, and the subdivision has been made with the free consent and in accordance with the desires of the owners and proprietors; and Whereas, said final plat and subdivision are found to conform with Chapter 354, Code of Iowa (2019) and all other state and local requirements. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that: 1. The said final plat and subdivision located on the above-described real estate be and the same are hereby approved. 2. The City accepts the dedication of the streets and easements as provided by law and specifically sets aside portions of the dedicated land, namely streets, as not being open for public access at the time of recording for public safety reasons. 3. The Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed, upon approval by the City Attorney, to execute all legal documents relating to said subdivision, and to certify a copy of this resolution, which shall be affixed to the final plat after passage and approval by law.. The City Clerk shall record the legal documents and the plat at the office of the County Recorder of Johnson County, Iowa at the expense of the owner. Passed and approved this 20th day of August 2012. MEff6r 10, jG 7i� Resolution No. -I-9L--2 2 2 Page 2 Attest: p Ci Clerk It was moved by Cole and adopted, and upon roll call there were: Ayes: Approved by City Attorney's Office seconded by Salih Nays: Absent: the Resolution be Teague Cole Mims Salih Taylor Thomas Throgmorton pcdllemplateslDreft Resolution - Cherry Creek FP.eoc.eac 7/ r Prepared by and return to: Michael W. Kennedy , Kennedy law Finn LLP, 920 S. Dubuque Street, Iowa City, Iowa (319) 351-8181 CERTIFICATE OF COUNTY TREASURER CHERRY CREEK SUBDIVISION I, Thomas L. Kriz, hereby certify that I am the County Treasurer of Johnson County, Iowa, and that the following -described property, also known as Cherry Creek Subdivision, is free from taxes or special assessments in the office of the Treasurer of Johnson County, Iowa. See Exhibit A attached DATED at Iowa City, Iowa thisday of l�liJ� 2019. J 13761(1).57 Certificate of County Treasurer /D 2-)-x'76rx 4 Q1,r.,, Dro.k-Y THOMAS L. I7, Johnson County Treasurer %i�5 EXHIBIT "A" AUDITOR'S PARCEL 2015101, IOWA CITY, JOHNSON COUNTY, IOWA, IN ACCORDANCE WITH THE PLAT THEREOF RECORDED IN PLAT BOOK 60, AT PAGE 106, IN THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE. AND AUDITOR'S PARCEL 2015102, IOWA CITY, JOHNSON COUNTY, IOWA, IN ACCORDANCE WITH THE PLAT THEREOF RECORDED IN PLAT BOOK 60, AT PAGE 106, IN THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE. SAID PARCELS CONTAIN 18.03 ACRES AND SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. `2 ?2 Prepared by and return to: Michael W. Kennedy , Kennedy Law Firm LLP, 920 S. Dubuque Street, Iowa City, Iowa (319) 351-8181 OF COUNTY AUDITOR CHERRY CREEK SUBDIVISION I, Travis Weipert, hereby certify that I am the County Auditor of Johnson County, Iowa, and that I hereby approve the name "Cherry Creek Subdivision" as a succinct and unique name for the subdivision containing the following -described real estate located in Johnson County, Iowa: See Exhibit A attached DATED this 20 day of ftv GV5-r 2019. TRAVIS WEIPERT Johnson County Auditor 13761(1).57/2019-05-14 Certificate of Auditor _�5 EXHIBIT "A" AUDITOR'S PARCEL 2015101, IOWA CITY, JOHNSON COUNTY, IOWA, IN ACCORDANCE WITH THE PLAT THEREOF RECORDED IN PLAT BOOK 60, AT PAGE 106, IN THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE. AND AUDITOR'S PARCEL 2015102, IOWA CITY, JOHNSON COUNTY, IOWA, IN ACCORDANCE WITH THE PLAT THEREOF RECORDED IN PLAT BOOK 60, AT PAGE 106, IN THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE. SAID PARCELS CONTAIN 18.03 ACRES AND SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. 7i� (I Prepared by and return to: Michael W. Kennedy, Kennedy Law Firm LLP, 920 S. Dubuque street, Iowa City, Iowa (319) 351-8181 OPINION OF ATTORNEY CHERRY CREEK SUBDIVISION I, Michael W. Kennedy, hereby certify that I am a practicing attorney at law in Iowa City, Iowa; that I have examined the abstract of title to the property described as follows, to - wit: See Exhibit A attached It is hereby certified that fee simple title to said property, to become known as Cherry Creek Subdivision, is in Bedrock, L.L.C., subject to a mortgage on said premises dated October 2, 2017 and recorded October 3, 2017 in Book 5710, Page 123, Mortgage Records of Johnson County, Iowa, given by Bedrock, L.L.C. to Hills bank and Trust Company. There are no other liens or encumbrances against the above-described premises. DATED this �Q� day of kq,x6 F 2019. 13761(1).57/2019-05-14 Opinion of Attorney By / U" -r Michael W. Kennedy Kennedy, Gelner, C onk & Waterman, PC 920 S. Dubuque St., P.O. Box 2000 Iowa City, IA 52244 Tel: (319) 351-8181 Fax: (319) 351-0605 EXHIBIT "A" AUDITOR'S PARCEL 2015101, IOWA CITY, JOHNSON COUNTY, IOWA, IN ACCORDANCE WITH THE PLAT THEREOF RECORDED IN PLAT BOOK 60, AT PAGE 106, IN THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE. AND AUDITOR'S PARCEL 2015102, IOWA CITY, JOHNSON COUNTY, IOWA, IN ACCORDANCE WITH THE PLAT THEREOF RECORDED IN PLAT BOOK 60, AT PAGE 106, IN THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE. SAID PARCELS CONTAIN 18.03 ACRES AND SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. Prepared by and Return to: Michael W. Kennedy, 920 S. Dubuque Street, P.O. Box 2000, Iowa City, 1A 52244-2000; Phone: (319) 351-8181 LANDSCAPE EASEMENT CHERRY CREEK SUBDIVISION In consideration of the approval of the Final Plat of Cherry Creek Subdivision, Iowa City, Iowa, the undersigned Owner hereby establishes a perpetual landscape easement upon, over, under, along and across the areas designated on the Final Plat of Cherry Creek Subdivision, Iowa City, Iowa, as "Landscape Easement" as located within the Subdivision. Said easement area is hereby created for the benefit of the subdivision. Owner shall landscape the easement area in accordance with the landscaping plan attached hereto and the subdivider's agreement executed contemporaneously herewith. The easement area and shall be maintained by Owner or a homeowners' association created for the purpose of maintaining common elements in the subdivision. Landscaping installed within the easement area shall be considered a common element to the subdivision, and maintained accordingly. Said maintenance rights and obligations shall include the right to install and remove bushes, shrubs, trees and other plantings in said area, and to grade and excavate in said areas in a manner that will not interfere with any existing utility easements. Grantor, and its successors in interest to Lot 1, reserves the right to use said easement areas for purposes which will not interfere with the full enjoyment of rights hereby granted; provided that Grantor shall not erect or construct any reservoir, retaining wall or other obstruction in said areas, or diminish or substantially add to the ground over said easement area. DATED thiGZO day of u 2019. Owner and Grantor BED OCK,L.C. By: Andrew . Bockenstedt, Manager STATE OF IOWA ) ) SS: COUNTY OF JOHNSON ) This instrument was acknowledged before me on AA&Q 07 0 12019, by Andrew J. Bockenstedt, as Manager of Bedrock, L.L.C. V k LORI J.:so ERS z Commission er 128869 My Co n x ires ow 13761(1).57!2019-7-31 Landscape Easement �Notary�ub is i� n and for the State of Iowa Z� R Prepared by and return to: Michael W. Kennedy, Kennedy Law Firm LLP, 920 S. Dubuque Street, Iowa City, Iowa (319) 351-8181 CONSENT OF OWNER AND DEDICATION CHERRY CREEK SUBDIVISION Bedrock, L.L.C. does hereby certify and state that it is the Owner and Proprietor of the following -described real estate located in Johnson County, Iowa: See Exhibit A attached Bedrock, L.L.C. does further state the subdivision of said real estate as it appears on the Final Plat of Cherry Creek Subdivision 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 Cherry Creek Subdivision, Iowa City, Iowa, are hereby dedicated to the public, as provided by Chapter 354 of the 2019 Code of Iowa, as amended. DATED this ?[Z day of , 2019. BEDROCK, L.L.C. Owner By: Andrew J. ckenstedt, Manager 1� STATE OF IOWA ) ) SS: COUNTY OF JOHNSON ) This instrument was acknowledged before me on Irl,, c..zt a D 12019 by Andrew J. Bockenstedt, as Manager of Bedrock, L.L.C. U o p.Aj LORI J. 8 I ERS Commission Number 128869 �• n' My Commission Expires + iow O - 13761(1).57/2019-05-14 Consent of Owner and Dedication Nota blic in and for the State of Iowa -2- 2?2 Prepared by and return to: Michael W. Kennedy, Kennedy Law Firm LLP, 920 S. Dubuque Street, Iowa City, Iowa (319) 351-8181 CONSENT OF MORTGAGEE TO SUBDIVISION The undersigned, Hills Bank and Trust company, is the Mortgagee of a Mortgage from Bedrock, L.L.C., recorded the 3d day of October, 2017, in Book 5710, Page 123, Mortgage Records of Johnson County, Iowa. Said Mortgage encumbers the property designated as Cherry Creek Subdivision to Iowa City, Iowa legally described as follows: See Exhibit A attached The undersigned Mortgagee, pursuant to the applicable provisions of the Code of Iowa, does hereby consent to the platting of this subdivision by Bedrock, L.L.C. The undersigned Mortgagee hereby releases any and all liens against those portions of Cherry Creek Subdivisioy,dedicated to the public. DATED thiC2� day of , 2019. HILLS BANK AND TRUST COMP Tim Smith, STATE OF IOWA ) ) SS: COUNTY OF JOHNSON ) This instrument was acknowledged before me on A/i wq da , 2019 by Tim Smith, Senior Vice President of Hills Bank and Trust Coihpany. �— CINDY MILLER - e `. Gomml om Number 737591 My Comml�s=es Notary Public itj and for the State of Iowa 13761(1).57/2019-08-21 Revised Consent of Mortgagee to Subdivision -2- 2?2 EXHIBIT "A" AUDITOR'S PARCEL 2015101, IOWA CITY, JOHNSON COUNTY, IOWA, IN ACCORDANCE WITH THE PLAT THEREOF RECORDED IN PLAT BOOK 60, AT PAGE 106, IN THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE. AND AUDITOR'S PARCEL 2015102, IOWA CITY, JOHNSON COUNTY, IOWA, IN ACCORDANCE WITH THE PLAT THEREOF RECORDED IN PLAT BOOK 60, AT PAGE 106, IN THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE. SAID PARCELS CONTAIN 18.03 ACRES AND SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. SUBDIVIDER'S AGREEMENT CHERRY CREEK SUBDIVISION IOWA CITY, IOWA THIS AGREEMENT, made by and between Bedrock, L.L.C., the Owner and Subdivider, hereinafter called the "Subdivider", and the City of Iowa City, Iowa, a municipal corporation, hereinafter called the "City", WITNESSETH: SECTION 1. PUBLIC IMPROVEMENTS. In consideration of the City approving the proposed subdivision known as Cherry Creek Subdivision to the City of Iowa City, Iowa, the Subdivider agrees, as a covenant running with the land that, except as provided in this Agreement, the City shall not issue any building permit on any lots in said subdivision unless and until sanitary sewers, water mains, storm sewers, drainageways, and concrete paving at least twenty-eight (28) feet in width on Cherry Avenue and twenty-six (26) feet in width on Toby Circle; and those certain sidewalks detailed in Section 4 below, have been installed in the subdivision as required by the City's Subdivision Ordinance, and as required under the Conditional Zoning Agreement previously entered into between Subdivider and City recorded in Book 5888, Page 891, Records of Johnson County, Iowa, and until said public improvements have been accepted by the City, and subdivision erosion control measures have been installed and approved as required by the City of Iowa City, Iowa, under its ordinances. The Subdivider further agrees to construct a five (5) foot wide sidewalk along the western frontage of South Gilbert Street, which shall include a curb ramp in a location designated by the Director of the Neighborhood and Development Services, or designee, and shall also plant trees within the Landscape Easement Area. (The sanitary sewers, water mains, storm sewers, drainageways, landscaping, and concrete paving are here- inafter referred to as "Improvements"). Nothing in this Agreement shall be construed to impose a requirement on the City to install the original public improvements at issue herein. Nor shall the Subdivider be deemed acting as the City's agent during the original construction and installation of said Improvements. The parties agree that the obligation to install the public improvement(s) herein shall be in accordance with City specifications, and the obligation shall remain on the Subdivider until completion by the Subdivider, and until acceptance by the City, as by law provided. SECTION 2. STORM WATER MANAGEMENT The Subdivider is responsible for installing and maintaining storm water management facilities within Cherry Creek Subdivision, which shall meet the requirements of the City's Storm Water Management Ordinance and said subdivision shall fully comply with the same. In consideration of the City approving the subdivision, the Owner and Subdivider agree as a covenant running with the land that, except as provided in this Agreement, the City need not issue a building permit for any lot in the subdivision until the Storm Water Management Facilities ("Facilities"), including the site work incident thereto, and the associated storm sewers and drainage swales, the easements for which are shown on the Final Plat filed herewith, have been installed by the Owner and Subdivider. Owner and Subdivider agree that the duty to maintain the Facilities shall remain on the Owner and Subdivider, the present owner of the Facilities, and their successors and assigns in interest, including a not for profit - 2 - owners association formed in part for that purpose. Said maintenance shall comply with the City's Storm Water Management Ordinance, Title 16, Chapter 3, Article G, as amended. Maintenance of the storm water management facilities shall include the following: The Subdivider shall visually inspect the two storm water management facilities, including but not limited to stabilization measures, rip rap, outlet structures, orifice pipe screens on the outlet structures, at least once every seven calendar days in accordance with the site's Iowa National Pollutant Discharge Elimination System (NPDES) General Permit No. 2, Storm Water Discharge Associated with Construction Activities, and the site's Storm Water Pollution Prevention (SWPP) Plan. Upon discontinuation of the NPDES General Permit No. 2, the Subdivider or successor in interest, which may include a home owner's association, shall, at least annually, visually inspect the storm water management facilities to make sure these facilities are operating properly. During these inspections, the two facilities will be inspected for erosion and sedimentation to make sure they are operating correctly. The inspections should look for unwanted animals (i.e. muskrats, beaver, woodchuck, skunks and burrowing type animals) that can compromise the embankments by creating burrow. As needed, a licensed and insured professional should be contacted to remove unwanted animals. During the inspections, the embankments of the facilities should be reviewed for signs of seepage, settlement, slumping, or degradation of rip rap materials. Degradation of rip rap materials includes bare areas indicating material loss, reduction in rip rap thickness, and movement of rip rap materials which would compromise the embankment stability. These problems shall be repaired immediately. Sediment should be removed from the basin when it accumulates to one-half of the detention storage volume as recorded in the Storm Water Management Plan (SWMP) for the development of the Cherry Creek Subdivision, dated August XX, 2019, developed by MMS Consultants, Inc. The facilities shall be checked and cleared of any accumulated debris. The Subdivider, or successor in interest, shall maintain records of inspections and maintenance. The storm sewer and drainage easement areas shall be maintained with ground cover to prevent erosion, including mowing and vegetation management, on a regular basis. For more information on installation, inspection, and maintenance of the facilities and associated storm sewers and drainage swales, see the Statewide Urban Design and Specifications (SUDAS) Design Manual, Chapter 7E at: https://iowasudas.org/manuals/ design-manual/#chapter-7-erosion-and-sediment-control; the Iowa Construction Site Erosion Control Manual at: http://www.iowadnr.gov/portals/idnr/uploads/water/stormwater/ constructionmanual.pdf; or Chapters 4 and 7 of the Iowa Stormwater Management Manual at: http://www.iowadnr. gov/portals/idnr/uploads/water/stormwater/constructiomnanual.pdf. SECTION 3. CONSTRUCTION OF IMPROVEMENTS. All Improvements described in Section 1 of this Agreement shall be constructed and installed by the Subdivider according to the plans and specifications approved by the City Engineer of the City of Iowa City, Iowa, who shall have the right to make occasional inspection of the work in progress. Such inspections shall not relieve or release the Subdivider from their responsibility to construct said improvements pursuant to the approved plans and specifications. Further, said inspections shall not create a duty or obligation on the part of the City to insure or certify that said improvements are constructed in conformance with said plans and specifications. ?�b - 3 - SECTION 4. SIDEWALKS. The subdivider agrees to install sidewalks adjacent to Cherry Avenue, Toby Circle, and Outlot A. Said sidewalks shall be at least five (5) feet in width and shall be constructed according to plans and specifications approved by the City Engineer and as per Sections 15-3- 3; 16-1C-1, 2, 3; 16-4-1, of the Iowa City Code of Ordinances. Except as provided below, sidewalks shall be installed adjacent to Cherry Avenue, Toby Circle, and Outlot A 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. SECTION 5. BUILDING PERMIT AND ESCROW MONIES. In the event the Subdivider should desire a building permit on any lot in said subdivision before the Improvements have been installed, the Subdivider shall deposit with the City Clerk in escrow an amount equal to the estimated cost of said Improvements plus ten per- cent (10%) thereof as determined by the City Engineer's Office of the City of Iowa City, Iowa (hereinafter the "Improvements Escrow"). In addition to the Improvements Escrow, if Subdivision Erosion Control measures have not been installed, with ground cover established by growth, the City may require, as a condition to the issuance of the first building permit for construction within the subdivision, that the Subdivider deposit in escrow with the City the sum of $2,000.00 (the "Erosion Clean - Up Escrow") to assure reimbursement for the cost of cleaning public streets, storm sewers, gutters or catch basins, which may be incurred by the City as a result of erosion from any lot in the subdivision. The Subdivider shall be responsible for the cost of any such clean-up 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 Cleanup 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 com- pliance with all other applicable requirements and ordinances of the City. SECTION 6. OCCUPANCY PERMIT. Prior to the issuance of an occupancy permit for any building erected pursuant to Section 5, the City in its discretion may require the Subdivider to construct and install the Improvements and sidewalks as required by this Agreement. SECTION 7. USE OF ESCROW MONIES FOR IMPROVEMENTS. If, after the issuance of an occupancy permit, the Improvements have not been constructed and installed, the City may use any funds deposited in the Improvements Escrow to construct and install the Improvements. If the cost of constructing and installing of said Improvements exceeds the amount of said escrow, the City shall have a lien and charge against all the lots in the subdivision for the balance of the costs. 21? - 4 - The City shall refund to the Subdivider or depositor any Improvements Escrow monies not used by the City for the construction and installation of the Improvements. SECTION S. WAIVER. If Subdivider sells or conveys lots in said subdivision without constructing or installing the Improvements; or the Subdivider fails to construct sidewalks required in Section 4 hereof, the City shall have the right to install and construct said Improvements or sidewalks. Subdivider acknowledges and agrees that all lots in the subdivision are specifically benefited by the Improvements, so the cost of the installation shall be a lien and charge against all of the lots in the subdivision under provisions of Chapter 384 of the 2019 Code of Iowa, as amended. The cost of Improvements need not meet the requirements of notice, benefit or value as pro- vided by the law of the State of Iowa for assessing such improvements. It is further provided that this requirement to construct the Improvements is and shall remain a lien against the lots in the subdivision from the date of execution of this Agreement until properly released, as hereinafter provided. SECTION 9. RELEASE. The City agrees that when the Improvements have been installed to the satisfaction of the City, it will upon request promptly issue to the Subdivider, for recording in the office of the County Recorder of Johnson County, Iowa, good and sufficient release to the lots in said subdivision so that this Agreement will not constitute a cloud upon the title of the lots in said subdivision. The Iowa City Mayor and City Clerk are hereby authorized to execute said release, and all other necessary and appropriate releases, with the concurrence of the City Attorney and City Engineer. A separate sidewalk lien release will be issued where appropriate as set forth in Section 4. This Section also authorizes the execution of one or more limited release agreements, based on the escrows for improvements as contemplated by Section 5 above and as may be acceptable to the City. With respect to the Subdivider's obligation to construct the Storm Water Management Facilities in connection with the Final Plat, the City agrees to provide a partial release from any liens or clouds on title to the Subdivision by reason of such storm water management obligations, provided the City Engineer certified that the following conditions and/or events have occurred. (1) The facility has been substantially completed on that portion of the development to be released. (2) An escrow account has been established with the City in an amount not less than $5,000 per basin to which the City's lien should attach immediately upon execution or recording of the partial release. The City agrees to issue a total release for the facility upon certification by the City Engineer, in writing, that all of the following events and/or conditions have been satisfactorily completed: (1) Permanent ground cover is established and mowable. (2) Erosion and sedimentation are controlled in conformance with the approved plans and specifications. 75 - 5- (3) All land within the tributary area in the development has been developed. (4) The facility is complete. (5) A topographic survey has been performed and it has been verified by a licensed engineer that the detention basis have the required storage capacity. SECTION 10. STREET MAINTENANCE AND PUBLIC SERVICES. The Subdivider agrees that the public services, including but not limited to street maintenance, traffic control, snow removal, and recycle and refuse collection, need not be extended to any part in said subdivision until the pavement is 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) Subdivider shall design and obtain approval from the City Forester of a Tree Replacement and Protection Plan, detailing replacement trees throughout the development and plans to protect and preserve healthy and mature trees in or near the ravine from construction activity to the greatest possible extent. Roof drains for the single-family homes shall only drain toward the storm sewer drains on Toby Circle. 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 parry 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) Ownership of Outlot A shall be transferred to a non-profit corporation called Cherry Creek Owners Association, which shall have the responsibility for the maintenance of Outlot A. SECTION 12. NEIGHBORHOOD OPEN SPACE FEE. Subdivider agrees to pay to the City a fee in the amount of $39,623 in lieu of dedicating .76 acres (32,758 square feet) of land for neighborhood open space pursuant to the provisions of Section 14-5K-3 of the Iowa City Code of Ordinances. This fee is to be paid with the issuance of the first building permit for the Subdivision. City and Subdivider agree that this fee shall be deposited and administered according to Section 14-5K-6 of the Iowa City Code of Ordinance, as amended. - 6 - SECTION 13. SUCCESSORS AND ASSIGNS. The provisions of this Agreement shall inure to the benefit of and bind the successors and assigns of the respective parties hereto and all covenants shall be deemed to apply to and run with the land and with the title to the land. DATED this J day ofALrA 2019. BEDROCK, L.L.C. BY: Tim /� ndrew J. Bockenstedt, Manager CITY OF IOWAA CITY, IOWA BY: L ' J es Throgmorton, Mayor BY: Kellit Fruehlingl-#yfer' STATE OF IOWA ) ) SS: COUNTY OF JOHNSON ) This instrument was acknowledged before me on Av uuSi- 20 , 2019 by Andrew J. Bockenstedt, as Manager of Bedrock, L.L.C. *P"I LORI J. BOWERS gCommission Number 128869 Notary tblic in and for the My Commission Expires - o- �1 tate of Iowa 1A - 7 - STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this 20 day of 2019, before me, the undersigned, a notary public in and for the State of Io , personally appeared James 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 said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said municipal corporation; that said instrument was signed and sealed on behalf of said municipal corporation by authority of its City Council; and that the said Mayor and City Clerk as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. jj o" CHRISTINE OLNEY Commission Number 808232 +�• M Commission Expires OWA 13761(1).57/2019-8-16 Subdivider's Agreement Notary Aze—"A�:in an or Johnson County, Iowa 2 Prepared by and return to: Michael W. Kennedy , Kennedy Law Firm LLP, 920 S. Dubuque Street, Iowa City, Iowa (319) 351-8181 UNDERGROUND UTILITY EASEMENT CHERRY CREEK SUBDIVISION In consideration of the approval of the Final Plat of Cherry Creek Subdivision, Iowa City, Iowa, the undersigned owner hereby grants to MidAmerican Energy Co., Qwest Communications, Mediacom, and their successors and assigns (hereinafter collectively "Grantees") a perpetual easement upon, over, under, along and across the areas designated on the Cherry Creek Subdivision, Iowa City, Iowa, as "Utility Easement," "Sanitary Sewer Easement," "Storm Sewer and Drainage Easement," "Drainage Easement," and "Storm Sewer 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 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, operating 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 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 2� 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. DATED this 0�1-6 day of Auq4 2019. BEDROCK, L.L.C. y: Andrew J. Bockenstedt, Manager STATE OF IOWA ) ) SS: COUNTY OF JOHNSON ) This instrument was acknowledged before me on A4A I Ma d 0 2019 by Andrew J. Bockenstedt, as Manager of Bedrock, L.L.C. LORI J. BOWERS Number t,rmmissioI 128869 ..�,,.d My Comms ion I'es 13761(1).57/2019-7-31 Underground Utility Easement 'Notary @ublic in and for the State of Iowa ?�2 Prepared by and return to: Michael W. Kennedy, 920 S. Dubuque Street, P.O. Box 2000, Iowa City, IA 52244-2000, Phone: (319) 351-8181 SANITARY SEWER EASEMENT AGREEMENT CHERRY CREEK SUBDIVISION THIS OFF SITE SANITARY SEWER AGREEMENT (this "Agreement"), made and entered into by and between Bedrock, L.L.C. ("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 depicted and described on the attached Easement Plat, hereinafter 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 easement areas, or which may interfere with the exercise of the City's rights hereunder in any manner. 2?2 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. DATED this 9-6 day of 2019. BEDROCK, L.L.C. Owner By: Andrew ockenstedt STATE OF IOWA ) ) SS: COUNTY OF JOHNSON ) Subscribed and sworn to before me by Andrew J. Bockenstedt, Manager of Bedrock, L.L.C., this .20 day of , 2019, at Iowa City, Iowa. fi-7� ORIJ.BOWERSssion Numbe 128869 ommission Expires ow STATE OF IOWA ) ) SS: JOHNSON COUNTY ) ota • Public in and for the State of Iowa CITY OF IOWA CITY, IOWA BY: G , J arbes Throgmorton r Mayor BY: Kell e Fruehling,,City Clerk On this 2-0 day of Lk S7(' , 2019, before me, the undersigned, a notary public in and for the State of Iow , personally appeared James 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 said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said municipal corporation; that said instrument was signed and sealed on behalf of said municipal corporation by authority of its City Council; and that the said Mayor and City Clerk as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. AP-11 CHRISTINE OLNEY/'e/zl�w &1121XI 0Commission Number 806232 Notary Publ c in and for J nson MK Commission Expires County, IOW 4 13761(1).57/2019-05-14 Sanitary Sewer Easement Agreement 2� Prepared by and Return to: Michael W. Kennedy, 920 S. Dubuque Street, P.O. Box 2000, Iowa City, IA 52244-2000; Phone: (319) 351-8181 STORMWATER DETENTION FACILITY EASEMENT AGREEMENT CHERRY CREEK SUBDIVISION, IOWA CITY, IOWA This off-site Stormwater Detention Facility Easement Agreement (this "Agreement") made and entered into between Braverman Development, Inc. ("Braverman"), Bedrock, L.L.C. ("Bedrock"), and the City of Iowa City ("City") and their successors and assigns. IT IS HEREBY AGREED AS FOLLOWS: For the sum of one dollar and other consideration, receipt of which is acknowledged, Braverman hereby grants and conveys to Bedrock and City an easement for purposes of installing, operating, and maintaining a stormwater control structure and storage area, otherwise known as a Stormwater Detention Facility, and also a right-of-way with right of ingress and egress, thereto, over and across the following -described premises, a plat of which is attached hereto and marked as Exhibit "A." A PORTION OF AUDITOR'S PARCEL 2015100, LYING WITHIN GOVERNMENT LOT 2 AND THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER, ALL WITHIN SECTION 22, TOWNSHIP 79 NORTH, RANGE 6 WEST, OF THE FIFTH PRINCIPAL MERIDIAN, IOWA CITY, JOHNSON COUNTY, IOWA, DESCRIBED AS FOLLOWS: BEGINNING at the most Westerly Corner of Auditor's Parcel 2015100, in accordance with the Plat thereof recorded in Plat Book 60, at Page 106, in the records of the Johnson County Recorder's office; Thence Northeasterly 15.03 feet, along the West Line of said Auditor's Parcel and along an arc of a 567.00 foot radius curve, concave Southeasterly, whose 15.03 foot chord bears N23°11'15"E; Thence S70°22'05"E, 58.62 feet; Thence N84°55'29"E, 57.30 feet; Thence S32058'01"E, 142.86 feet; Thence S39°30'08"E, 97.20 feet; Thence S65°31'53"E, 248.51 feet; Thence S73°50'49"E, 80.64 feet; Thence N85°39'26"E, 135.41 feet; Thence S73°50'49"E, 319.70 feet; Thence S81°39'26"E, 100.98 feet; Thence S63°13'07"E, 149.82 feet to a Point on the East Line of said Auditor's Parcel; Thence 805°46'28"W, along said East Line, 16.07 feet, to the Southeast Corner of said Auditor's Parcel; Thence N63°13'07"W, along the South Line of said Auditor's Parcel, 137.37 feet; Thence N81°39'26"W, continuing along the said Z� South Line, 98.13 feet; Thence N84028'33"W, continuing along the said South Line, 242.30 feet; Thence N73°50'49"W, continuing along the said South Line, 341.55 feet; Thence N66034'51"W, continuing along the said South Line, 183.05 feet; Thence S80°01'51"W, continuing along the said South Line, 39.16 feet; Thence N39°30108"W, continuing along the said South Line, 246.13 feet; Thence N54°46'53"W, continuing along the said South Line, 62.12 feet; Thence N70°22'05"W, continuing along the said South Line, 34.77 feet to the POINT OF BEGINNING. Said Stormwater Management Easement contains 1.03 Acres, and is subject to easements and restrictions of record. Braverman further grants to Bedrock and City the following rights in connection with this easement: 1. The right to grade said easement area for the full width thereof, and the right to extend the cuts and fills for such grading into and on said land along and outside of said easement, to such extent as Bedrock and City may find reasonably necessary. 2. The right from time to time to trim, cut down and clear away all trees and brush on said easement area and on either side of said easement area which now or hereafter in the opinion of Bedrock and City may be a hazard to said basin, or may interfere with the exercise of Bedrock's and City's rights hereunder in any manner. Bedrock and City shall indemnify Braverman against any loss or damage which shall be caused by the negligent exercise of any said ingress or egress, construction, use or maintenance by Bedrock and City or their agents or employees in the course of their employment. Braverman reserves a right to use said easement area for purposes which will not interfere with Bedrock's and City's full enjoyment of its rights hereby granted, provided that Braverman shall not erect or construct any building, fence or any structures, plant any trees, drill or operate any well, construct any obstructions on said easement area, or substantially add to the ground cover of said easement area. Braverman shall in no event fill or permit the Stormwater Detention Facility to be filled in. Braverman hereby covenants with Bedrock and City that it is lawfully seized and possessed of the real estate described above, and that it has good and lawful right to convey it or any part thereof. 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. lb DATED this ( 2 r1-\ day of August, 2019. Braverman Development, Inc. BY: David Braverman, Pres'ded STATE OF IOWA ) SS: COUNTY OF JOHNSON ) This record was acknowledged before me on August (L 2019, by David Braverman, as President of Braverman Development, Inc. MICHAEL W. KENNEDY * �j,✓�1� Commission Number 108049 Public in,4d for the State of Iowa MY COMMISSION EXPIRESNotary i4► MARCH 1, 2022 i -1 BEDROCK, L.L.C. WWAALA& CT IIc oar By: Andrew Jr-Bockenstedt, Man ger STATE OF IOWA ) ) SS: COUNTY OF JOHNSON ) This record was acknowledged before me on August 1�1) , 2019, by Andrew J. Bockenstedt, as Manager of Bedrock, L.L.C. 2� CITY OF IOWA/CITY, IOWA BY: ` Jathes Throgmorto , Mayor BY: Kellit Fruehling, Ply Clerk STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this 20 day of "LA.S , 2019, before me, the undersigned, a notary public in and for the State of Iowa, personally appeared James 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 said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said municipal corporation; that said instrument was signed and sealed on behalf of said municipal corporation by authority of its City Council; and that the said Mayor and City Clerk as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them volunORM OLNEYber 80822 n Expires otary Public in and � the State of Iowa 13761(1).57/2019-8-13 Stormwater Detention Facility Easement Agreement 2�' STORMWATER MANAGEMENT EASEMENT IOWA CT', JOHNSON CMIIMY, IOWA PAESC�EL�959tai � % �/ P�PEIr7G46II/® f \ pp�c3 61d �D�IiIOY-PAGiYE I` fi Al1RiPOM P:ACF.71. cOi57O7 n.p&y. i _ e Ott w�ircly :1a uYm� imxacs Y¢ca.xm¢m m> semvruss Prepared by Jest Lile, Associate Planner, 410 E. Washington, Iowa City, IA 52240; 319/356-5230 OTHERS PRESENT: John Engelbrezht, Thomas McInerney, Gerry Ambrose, Scott Ward SPECIAL EXCEPTION ITEMS: 1. EXC19-08: A public hearing regarding a special exception application submitted by Public Space One to allow for an 86% reduction in parking spaces in the Central Business Service (CB -2) zone with a Historic District Overlay (OHD) located at 229 N. Gilbert St. The Board concludes that the applicant has demonstrated the unique circumstances that the number of required parking spaces will reduce the ability to utilize the property based on the following findings: • The proposed use is unique in that it will not operate as a typical community service center. Examples of typical community service centers include: libraries, museums, soup kitchens, etc. These types of establishments expect higher volumes of people than the proposed use. During peak business hours (9am- 5pm, Monday -Friday), Public Space One expects lower vehicle and foot traffic than other types of community service centers. • Most of the events at this location will take place during off-peak traffic times (evenings and weekends) with some afternoon gallery hours. • The historic nature of this property makes providing additional parking impossible while still preserving its historic attributes because of the small lot size and location of the house. • 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. • On -street parking, including metered parking, is available, and the property is located less than 300 -feet away from a City -owned parking lot. The Board concludes that a reduction in parking will not have any detrimental or endangering effects on the surrounding public realm due to low traffic volumes during peak business hours, the availability of parking nearby, and the walkable nature of the neighborhood. The Board concludes that the parking reduction will not be injurious to the use of other property in the immediate vicinity based on the following findings: • There are many public parking options near -by. W IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Doc ID: 027542680006 Type. GEN Kind: DECISION Recorded: $32/ 0/2019 at Page I Of1626:50 AM Johnson county Iowa Kim Painter County Recorder BK5978 PG35-40 a N 0 DECISION n IOWA CITY BOARD OF ADJUSTMENT WEDNESDAY, October 9, 2019 EMMA J. HARVAT HALL MEMBERS PRESENT: Connie Goeb, Ernie Cox, Amy Pretorius, Gene Chrischme, MEMBERS ABSENT: Zephan Hazell STAFF PRESENT: Sue Dulek, Jesi Lile OTHERS PRESENT: John Engelbrezht, Thomas McInerney, Gerry Ambrose, Scott Ward SPECIAL EXCEPTION ITEMS: 1. EXC19-08: A public hearing regarding a special exception application submitted by Public Space One to allow for an 86% reduction in parking spaces in the Central Business Service (CB -2) zone with a Historic District Overlay (OHD) located at 229 N. Gilbert St. The Board concludes that the applicant has demonstrated the unique circumstances that the number of required parking spaces will reduce the ability to utilize the property based on the following findings: • The proposed use is unique in that it will not operate as a typical community service center. Examples of typical community service centers include: libraries, museums, soup kitchens, etc. These types of establishments expect higher volumes of people than the proposed use. During peak business hours (9am- 5pm, Monday -Friday), Public Space One expects lower vehicle and foot traffic than other types of community service centers. • Most of the events at this location will take place during off-peak traffic times (evenings and weekends) with some afternoon gallery hours. • The historic nature of this property makes providing additional parking impossible while still preserving its historic attributes because of the small lot size and location of the house. • 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. • On -street parking, including metered parking, is available, and the property is located less than 300 -feet away from a City -owned parking lot. The Board concludes that a reduction in parking will not have any detrimental or endangering effects on the surrounding public realm due to low traffic volumes during peak business hours, the availability of parking nearby, and the walkable nature of the neighborhood. The Board concludes that the parking reduction will not be injurious to the use of other property in the immediate vicinity based on the following findings: • There are many public parking options near -by. W IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Doc ID: 027542680006 Type. GEN Kind: DECISION Recorded: $32/ 0/2019 at Page I Of1626:50 AM Johnson county Iowa Kim Painter County Recorder BK5978 PG35-40 a A reduction in parking for this use will not impact other commercial uses in the vicinity because many people going to events at Public Space One will arrive by bicycle or walking, as they have in the past. o This is conditioned on the applicant providing at least 8 bicycle parking spaces on-site. Maintaining the historical qualities of the property by not adding spaces will enhance the enjoyment and property values of existing properties in the area. The Board concludes that the parking reduction will not impede normal and orderly development and improvement of surrounding properties based on the following findings: The property is located in a neighborhood that is already developed. This is a walkable, urban neighborhood that supports a variety of commercial businesses already. There is on -street and metered parking nearby as well as a City -owned parking lot. The Board concludes that all necessary utilities and other facilities (access roads, streets, sidewalks, storm water management etc.) are already in place for this property and the surrounding neighborhood. The Board concludes that adequate measures have been taken to provide ingress and egress designed to minimize traffic congestion based on the following findings: There will be space for only one vehicle to park on this property, minimizing ingress and egress. The proposed community service use will generate negligible traffic as there will not be a large number of people on-site at the same time and most people that utilize Public Space One have historically arrived by either walking or biking. Special events will mostly be held on evenings and weekends, minimizing traffic congestion during peak business hours (9am-5pm, Monday -Friday). The Board concludes that the property complies with all other regulations and standards of the zone in which it is located. The Board concludes that the exception is consistent with the Comprehensive Plan of the City based on the following findings: The proposed special exception will help to further many of the goals of the Comprehensive Plan including: o Increasing visibility and awareness of arts & culture programs. o Supporting non -profits involved in arts programing. o Providing appropriate transitions between commercial areas and 0�- residential zones. o Maintaining a strong and accessible Downtown that is pedestrian oriented with a distinctive cultural, commercial, and residential character. r' r�yo Preserving and promoting unique aspects of the Northside Marketplace. c� Preserving historic resources and reinvesting in established --- neighborhoods. a� DISPOSITON: by a vote of 4-0, the Board approved a special exception allowing an 86% reduction in parking spaces with the following condition: • The applicant must provide at least 8 bicycle parking spots in lieu of vehicle parking. 2. EXC19-09: A public hearing regarding a special exception to allow for a drive-through facility in a Community Commercial (CC -2) zone located at 1681 S. I" Ave. The Board concludes that the transportation system is capable of safely supporting the proposed drive-through use in addition to the existing uses in the area based on the following findings: • The existing street capacity of S. 1st Avenue is adequate to handle a potential increase in traffic from a drive-through business. • The proposed site plan will address traffic issues and may improve them. Changing the back parking lot, as shown on the site plan, will possibly allow for easier routes for vehicles exiting the parking lot. o The Board concludes that there is adequate access to the drive-through based5R-1heNllowing findings: J • The access to the proposed drive-through would be from the existinn Rrive v ys offo of S. 1st Avenue which is classified as a minor arterial street. r • The property owner has maintained a shared driveway easementv�t1L170g:� . lm'-­ Avenue st-.Avenue since 2002. The proposed drive-through would be located afectly east of the shared driveway. The Board concludes that the applicant is not asking for additional curb cuts. The Board concludes that a minimum of six stacking spaces is excessive for this particular eating establishment based on the anticipated usage and traffic flow, and that a reduction to three stacking spaces is appropriate. The proposed use is a donut shop with a limited menu, and filling an order will not require food to be prepared. There will be no order board. This conclusion is conditioned on the applicant complying with the site plan to minimize the potential for vehicular and pedestrian conflicts, as the site plan provides another exit route. The Board concludes signage and pavement markings will be sufficient on the condition that the applicant adds signage and pavement markings to indicate the flow of traffic for the drive-through including pavement markings shown on the site plan. The Board concludes that the property is not located in the CB -2 zone or in the Riverfront Crossings District, and is therefore not required to comply with the drive-through standards specific to those areas. The Board concludes that the drive-through lane meets the setback requirements and qualifies for a reduction in screening standards based on the following findings: • The proposed drive-through window is not set back ten feet from the adjacent property line, but applicant has a shared drive easement with the property to the west at 1705 S. 1 st Avenue. • The drive-through window is not located near the public right-of-way. A • There is currently some landscape screening between the drive-through lane and S. 1st Avenue that meets S2 screening, but no landscaping between the proposed drive-through at 1681 S. 15t Avenue and 1705 S. 11 Avenue to the west. Due to the nature of the shared drive, meeting the screening standards is not possible. The Board concludes that the drive-through lane will not be detrimental to adjacent residential properties or disrupt pedestrian circulation and the commercial character of the area based on the following findings: • The subject property is not surrounded by any residential uses or residentially zoned properties. • Pedestrian circulation on the subject property is primarily located in the front of the building where business entrances and most of the available/convenient parking is located. The Board concludes that the drive-through lane is compatible with the surrounding streetscape and development based on the following findings: • The applicant is proposing to utilize the single drive-through lane that is currently non -operational. • The existing lane is already paved and does not affect the street-scape or pedestrian environment on S. 1st Avenue. The Board concludes that the applicant qualifies for a reduction in the required S2 screening standards based on the following findings: The property is not located next to a residential zone, so it must meet S2 screening rather than S3 screening standards. Due to the layout of the proposed drive-through and its proximity to the shared driveway easement, the applicant cannot provide screening to the S2 standard between the proposed drive-through and the adjacent property at 1705 S. 1 It Avenue. The Board concludes that the applicant should use only one servicing window as proposed based on the following finding: • This is sufficient due to the limited menu options, the lack of a menu board, and lack of food preparation necessary at the time of ordering. The Board concludes that the stacking spaces, driveway, and drive-through are located in an area that minimizes potential for vehicular and pedestrian conflict based on the following findings: w� 0 • The proposed drive-through has a fairly low potential for pedestriab conflas. • The site plan submitted minimizes potential for vehicle conflict bEjj§ a firovidet an alternate exit route for vehicles. n -: I t ss�— The Board concludes that outdoor lighting will not be an issue for surrounding ergs - because of the proposed hours of operation (6:30 am — 6 pm, depending on CasTih). w "I'M ' a W The Board concludes that loudspeakers will not cause a disturbance beq th�appli t is not proposing to install any. .--t-„ "j t <rn t The Board concludes that the drive-through will not be detrimental to jj�; hnith, safety or general welfare based on the following findings: y • The proposed drive-through has a fairly low potential for pedestrian conflicts. • The site plan submitted minimizes potential for vehicle conflict because it provides an alternate exit route for vehicles. The Board concludes that the drive-through will not be injurious to the use, enjoyment or property values of other property in the immediate vicinity based on the existing driveway easement agreement. The proposed use will have minimal negative impact on the existing circulation issues. This is conditioned on the applicant adhering to proposed site plan and on the applicant not enforcing the no -parking provision against the owner of 1705 S. 11 Ave. during times delivery trucks are temporarily parking in the easement area in order to unload. The Board concludes that the drive-through will not impede normal and orderly development of the surrounding property because the surrounding property is fully developed. The Board concludes that the drive-through will have access to all utilities and other necessary facilities. The Board concludes that adequate measures have been or will be taken to provide ingress or egress designed to minimize traffic congestion on public streets because the drive- through will not affect traffic congestion on S. 11 Ave. Except for the specific regulations and standards applicable to this exception being considered, the drive-through conforms to other aspects of the zoning code. The Board concludes that the drive-through is consistehfwi#h'lh,e;Cbmpreheri°sive Plan because it is supporting and growing a locally -owned business. DISPOSITION: By a vote of 4-0, the Board approved a special exception a drive-through facility with the following conditions: • Adherence to the site plan submitted by the applicant on September 30, 2019 contained in the October 9, 2019 meeting packet, • The applicant must work with City staff to identify an appropriate area in the existing shared driveway easement for delivery trucks servicing 1705 1sl Ave. to temporarily park and unload. The applicant cannot enforce the anti -parking provision in the easement during the times delivery trucks are temporarily parking and unloading in said identified area. • The applicant must add directional arrows and signage to help direct traffic and mitigate circulation issues prior to a certificate of occupancy being issued. 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 application 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-`C- 1 E, City of Iowa City, Iowa. /11 --- IL - Connie Goeb, Chairperson STATE OF IOWA ) JOHNSON COUNTY ) Approved 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 91 day of October, 2019, as the same appears of record in my Office. Dated at Iowa City, this day of 1� �� , 20 101 �.�t Kelli <. Fruehling, City Jerk COPOMT1 _ N O �n h o N 9, ' s Doc ID: 027542600012 Type: GEN Kind: ORDINANCE Recorded: 11/08/2019 at 10:50:06 AM Fee Amt: $62.00 Pape 1 of 12 Johnson County Iowa Kim Painter County Recorder RK 5978 PG10-21 STATE OF IOWA ) )SS JOHNSON COUNTY ) IM 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.19-4809 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 4th day of November, 2019, is a true and correct copy, all as the same appears of record in my office. Dated at Iowa City, Iowa, this 7th day of November 2019. Kellie K. Fruehling City Clerk \ord Comm StAI 410 EAST WASHINGTON STREET • IOWA CITY, IOWA 52240-1826 • (319) 356-5000 • FAX (319) 356-5009 N Prepared by: Jade Pederson, Planning Intern, 410 E. Washington Street, Iowa City, IA 52240; 319-3565230 (RE719-07) Ordinance No. 19-4809 An ordinance conditionally rezoning approximately 1.6 acres of land located at 305 and 315 East Prentiss Street and 625 South Gilbert Street, from Intensive Commercial (CI -1) and Community Commercial (CC -2) to Riverfront Crossings — Central Crossings (RFC -CX). (REZ19-07) Whereas, the applicant, Capstone Collegiate Communities, LLC, has requested a rezoning of property located at 305 and 315 East Prentiss Street and 625 South Gilbert Street, from Intensive Commercial (CI -1) and Community Commercial (CC -2) to Riverfront Crossings — Central Crossings (RFC -CX); and Whereas, the Comprehensive Plan has designated this area for general commercial and the Downtown and Riverfront Crossings Master Plan envisions this area to be redeveloped into a mix of residential and commercial uses; 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 regarding dedication of right- of-way along the west side of S. Gilbert Street, provision of an access easement for City vehicles to access a manhole on the southwest corner of the subject property, provision of an access easement for City access to a sanitary sewer line that runs on the southeast end of the property, improvements to Ralston Creek including removal of invasive trees, stream bank stabilization, tree planting, and dedication of a temporary construction easement for the reconstruction of the Prentiss Street Bridge, and satisfaction of the affordable housing requirements set forth in section 14-2G-8 of the City Code for any new residential development; and Whereas, Iowa Code §414.5 (2019) 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, areas of public need will be met by the acceptance of this ordinance, including the enhancement of pedestrian infrastructure along S. Gilbert St. by creating a buffer between pedestrian and vehicle traffic, City access to public utility infrastructure for repairs and maintenance, Ralston Creek restoration, and affordable housing; 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 classed Riverfront Crossings — Central Crossings (RFC -CX): Lots 1, 2, 3, and 4 of Block 21 of County Seat Addition to Iowa City, And that tract tying West of Gilbert Street and North of the Iowa Interstate Railroad described in the deed Book 1967 at Page 279 as Commencing at the Northeast Comer of Lot 1, Block 21, of the County Seat Addition; Thence S00012'59"W, along the Easterly line of said Block 21, 261.17 feet to the Point of Beginning; Thence S89°10'00"E, 22.00 feet; Thence S54°57410E, 46.02 to the Northwesterly right of way line of Gilbert Street; Thence southwesterly, 80.06 feet, along said right of way line; on a 989.93 foot radius curve, concave southeasterly (chord S32°43'18"W, 80.04 feet); Thence N82021'24"E, 213.00 feet; Thence N00"12'59"E along the westerly line of said Block 21, of County Seat Addition and its projection thereof, 7.75 feet to the southwest corner of said Lot 4, of Block 21; Thence easterly along the southerly boundary of said Lot 4, of Block 21, to the southeast corner thereof; Thence northerly along the easterly line of said Lot 4, of Block 21, to the Point of Beginning hereof. Described area contains 1.60 acres and is subject to easements and restrictions of record. 100 2,5 Ordinance No. 19-4809 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, as well as the easement agreements contemplated by the Conditional Zoning Agreement, in a form approve by the City Attorney. 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 any agreements or other documentation authorized and required by the Conditional Zoning Agreement, and record the same in the Office of the County Recorder, Johnson County, Iowa, at the Owner's expense, upon the final passage, approval and publication of this ordinance, 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 November 12019 M g` coRPORATE Attest: City Clerk Appr ved by City Attorney's Office Ordinance No. 19-4809 Page 3 It was moved by Mims and seconded by Thomas Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: First Consideration _ Vote for passage: Cole, Mims. Second Consideration _ Vote for passage: ABSENT: Cole Mims Salih Taylor Teague Thomas Throgmorton 10/15/2019 that the AYES: Salih, Taylor, Teague, Thomas, Throgmorton, NAYS: None. ABSENT: None. Date published 11 / 14 / 2019 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: Salih, Teague, Thomas, Throgmorton, Cole, Mims. NAYS: Taylor. ABSENT: None. a 5 Prepared by: Jade Pederson, Planning Intern, 410 E. Washington, Iowa City, IA 52240 (319) 356-5230 (REZ19-07) Conditional Zoning Agreement This agreement is made between the City of Iowa City, Iowa, a municipal corporation (hereinafter "City"), and Boyd Investment Company, LC (hereinafter "Owner"), and Capstone Collegiate Communities, LLC (hereinafter "Applicant"). Whereas, Owner is the legal title holder of approximately 1.6 acres of property located at 305 and 315 East Prentiss Street and 625 South Gilbert Street; and Whereas, Applicant has requested the rezoning of said property from Intensive Commercial (CI -1) and Community Commercial (CC -2) to Riverfront Crossings — Central Crossings (RFC -CX); and Whereas, development pursuant to this rezoning will cause increased pedestrian use of the area, establish residential development along Ralston Creek; and eliminate the City's current access to its utilities, thus creating public needs not adequately addressed by Iowa City Code of Ordinances, Title 14, the Zoning Code; and Whereas, the conditions established in this agreement address those public needs created by the rezoning, including the need to enhance pedestrian infrastructure along S. Gilbert St.; the need to preserve access to existing utilities; the need to restore Ralston Creek and bridge; and the need to provide affordable housing; and Whereas, the Planning and Zoning Commission has determined that, with appropriate conditions to address these public needs, the requested zoning is consistent with the Comprehensive Plan; and Whereas, Iowa Code §414.5 (2019) 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 above-described public needs; 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. Boyd Investment Company, LC is the legal title holder of the property legally described as: Lots 1, 2, 3, and 4 of Block 21 of County Seat Addition to Iowa City, And that tract lying West of Gilbert Street and North of the Iowa Interstate Railroad described in the deed Book 1967 at Page 279 as Commencing at the Northeast Corner of Lot 1, Block 21, of the County Seat Addition; Thence S00012'59"W, along the Easterly line of said Block 21, 261.17 feet to the Point of Beginning; Thence S89010'00"E, 22.00 feet; Thence 91� S54°57'41"E, 46.02 to the Northwesterly right of way line of Gilbert Street; Thence southwesterly, 80.06 feet, along said right of way line, on a 989.93 foot radius curve, concave southeasterly (chord S32043'18"W, 80.04 feet); Thence N82021'24"E, 213.00 feet; Thence N00°12'59"E along the westerly line of said Block 21, of County Seat Addition and its projection thereof, 7.75 feet to the southwest corner of said Lot 4, of Block 21; Thence easterly along the southerly boundary of said Lot 4, of Block 21, to the southeast corner thereof; Thence northerly along the easterly line of said Lot 4, of Block 21, to the Point of Beginning hereof. Described area contains 1.60 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 Downtown and Riverfront Crossings Master Plan. Further, the parties acknowledge that Iowa Code §414.5 (2019) provides that the City of Iowa City may impose reasonable conditions on granting a rezoning request, over and above the existing regulations, in order to satisfy public needs caused by the requested change. 3. In consideration of the City's rezoning the subject property, Owner and Applicant agree that development of the subject property will conform to all other requirements of the Zoning Code, as well as the following conditions: a. Prior to issuance of a building permit, Owner shall dedicate to the City, with no compensation to Owner, the following right-of-way and easements, the exact location of which will be determined upon review and approval of a site plan for any portion of the above-described property: 1. Right-of-way along the west side of South Gilbert Street to accommodate the relocation of a sidewalk along South Gilbert Street so that there is a buffer between the sidewalk and the street. The area to be dedicated shall generally be approximately 20' in width at the southern property line and 0' at the northern property line, as shown on the attached map, in a location to be determined by the City Engineer. The form of such dedication shall be by warranty deed. 2. A 15' wide access easement within the area shown on the attached map for City ingress and egress with vehicles and equipment to access the manhole for the trunk sewer located near the southwest corner of the subject property, in a form of agreement approved by the City Attorney. 3. An approximate 10' wide access easement for City ingress and egress with vehicles and equipment to the sanitary sewer line that runs through the former Maiden Lane right-of-way through the southeast end of the subject property, in a form of agreement approved by the City Attorney. b. Within seven days of the execution this Conditional Zoning Agreement by all parties, Owner shall dedicate to the City, with no compensation to Owner, a temporary construction easement for the area shown on the attached Exhibit A and in a form of agreement approved by the City Attorney. c. Prior to issuance of a building permit, Owner shall design and obtain approval from the City Engineer and City Forester, a plan to improve that portion of Ralston Creek abutting the above-described property. Such improvements shall be completed by Owner at Owner's expense, prior to issuance of an occupancy permit, and shall include, at a minimum: i. Removal of invasive trees; and ii. Stream bank stabilization, including necessary grading and addition of rip -rap. 4. Owner and Applicant acknowledge the requirements of Iowa City Code of Ordinances 14-2G-8, which requires the execution of an affordable housing agreement to satisfy the affordable housing obligations 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. 5. The Owner and Applicant agree that the conditions contained herein are reasonable conditions to impose on the land under Iowa Code §414.5 (2019), and that said conditions satisfy public needs that are caused by the requested zoning change. 6. The Owner and Applicant agree 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. This Conditional Zoning Agreement shall be deemed to be a covenant running with the land and with title to the land, and shall remain in full force and effect as a covenant with title to the land, unless or until released of record by the City of Iowa City. This agreement shall inure to the benefit of and bind all successors, representatives, and assigns of the parties. S. The Owner and Applicant agree that nothing in this Conditional Zoning Agreement shall be construed to relieve the Owner or Applicant from complying with all other applicable local, state, and federal regulations. 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 Applicant's expense. [Remainder of this page intentionally left blank.] Dated this 4th day of November 20 19. City of Iowa City Capstone Collegiate Communities, LLC J,im hrogmorton,'Mayor A'ttesfi r Keling C9 Clerk ; e J/deSiil�� By: �i41rr 5 41WCLL :. . 0 Approved by: coppol fI� SrAI City Attorney's Office City of Iowa City Acknowledgement: State of Iowa ) ) ss: Johnson County ) This instrument was acknowledged before me on l�f i�dJ�l Tkh 2d j by Jim Throgmorton and Kellie Fruehling as Mayor and Cit vClerk, respectively, of the City of Iowa City. Notary Public in and forth `tate of Iowa 4��ut r CHRISTINE OLNEY (Stamp or Seal) Z Comm ss on Number 806232 M Expires Title (and Rank) Town Capstone Collegiate Communities, LLC Acknowledgement: State of -Xo w County of 'To(A�ASo✓1 This record was acknowledged before me on Dc-",tJ (,S 2019 by naw�S Mo,xwell (Name(s) of individual(s)) as %J -' c0 �P�esi�e��' (type of authority, such as officer or trustee) of Capsto Ileg' to 7omunities, LLC. Notary Public in or a State of Iowa 1 (Stamp or Seal) AA11 COMM1110" EXPIRES "M SEPTEMBER 22, 2022 My commission expires: � �2 z/�o2 7 4 Dated this\Cit of City of Iow Jim Throgmorton, M o Attest: Kellie Fruehling, City Approved by: City Attorney's State of lo7ou ) ss: Johnson nty This ins rument was Throgmorton and Kellie Frue State of County of This record was (type of 20 Capstone legiate Com ies, LLC By: Boyd Investment Company, LC hDil(:� By: Robe+ 3.�d, M2n City)pf Iowa City Acknowledgement: before me on /or and City Clerk, 20_ by Jim of Iowa City. N c in and for for the State of Iowa (Stamp or Seal) _ Title (and Rank) Collegiate Communities, LLC Acknowledgement: -,--I (Name(s) of ind as officer or trustee) of 2019 by as Collegiate Communities, LLC. Notary Public in and, (Stamp or Seal) My commission expi 4 the State of Iowa Boyd Investment Company LC Acknowledgement: State of tow;g County of -0ahnSdk- T 's record w acknowledged before me on ( L 2019 r� (Name(s) of individuals) as n E (type of authority, s c as officer or trustee) of Boyd l0estment CoMpjn in artd for the State of Iowa (Stamp or Seal) .�`� mm KANDIE K GEL Commission Number 182406 My commission expires: 1 19 o�y t P L J371/ 31 _ _ AIRa Jm1s sva 'trc ®t N �4tOD 81�R to aCYG off v 7' 616 mi 11%{ Y.w i!W✓WAI 9 MO T'ARM mIm M m vm 7Giti7 JVn ansa vn lY1tl Im mo .• •, .swan. l '. a311NYaI. a am m 'mm ., ''" �Mo am noa�livx ma AArMi�nms um�i 1 �#tp6ltri 6 SY tl I ) mmm --a low ow Ot d0 ORMHO.W 401Nod Cod AYFh�D-SlIN701019f S1pifOM 'L,3'a AVM--D-am 7AVM '6tfOLLYNl tJ 'Sttl91C$Y3 3IiI11lBMG15Y3 ANYa0dR3l _ --.�----7 0l laTSM St A3UM SM 3Wl AYl4 J0-lHDWlo7 MOM — — "•� �&i 71HOMU d0 low aNv males OL lo?n 9 " '3931 a0 3a0A 113N 3mY110s otalL amwL o %SNO7gd SV 0MM= AMM MUM MOR NW AM YA101 30 ALIO 311 M MWOY lY$ AlNf10.7 'M x0078 'L lol d0 IM 92 "M 311 KNA 0(81'1 1RSMW r%MUD yLS= AatltAJM Y (MMU N338 3AYN AY1Y JNY.1Ya0 .03 - .1 o~ oz 0 31WS 014dYa0 li 'os otall 1N3VGW3 NOILOn=NOO 21V2i0dnm -7 L 1M.0 SCM Y3 d3w1 0 im MNoo99 R'0'a ls It 10l d0 .997A �. Ov 1 Nctl � AD,GC M.Bi'Ouss I z IMUT mss -:a ria RM t�'*L rn' — — .0—ams 3.Sie1.8HN NO=W lY3S A18W0 woLMY AN A1Nfw 1L x3m It an SCAL i33WS S SSLLN3ad mamm 'L lm a318l00 lsr:*M eo ls'31AFLLaDN 'MildlEm1 I m Z9-PB--(£99)9LL£—SO88 ON IMPONd NOiLVINOdSNllU 30 1N3YVL?1Yd30 VM01 n V3W 1N3yeM NolLork11SNOO JlWWdyM WN Y3W JMMSV3 AYM—M—.Li pj 1WWFRed -T—'ON 'L3 Wd--W07lG-Mr—ON 103PONd—RbSRRfR`' AMM IVId NOLLISI OV Ira m P- IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII�I�IIII Doc ID: 027548360020 Type: GEN Kind: SUBDIVISION Recorded: 11/18/2019 at 12:35:34 PM Fee Amt: $102.00 Page.j of,20 Johnson County Iowa Kim Painter County Recorder BK598OP485-204 STATE OF IOWA ) ) SS JOHNSON COUNTY ) Y�®�®4CR1■ . et§�` CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240-1826 (319) 356-5000 (319) 356-5009 FAX www.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. 19-266, which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 4th day of November 2019, all as the same appears of record in my office. Also attached are the final legal documents for Manville Seven Addition Subdivision, Iowa City, Iowa. Dated at Iowa City, Iowa, this Q* day of K)Cpxp ru ver , 2019. COR OMH "tAI Kellie . Freehling City Clerk es subdivision .p -f,V\ Prepared by: Ray Heitner, Associate Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5238 (SUB19-10) Resolution No. 19-266 Resolution Approving Final Plat of Manville Seven Addition Subdivision, Iowa City, Iowa. Whereas, said subdivision is located on the following -described real estate in Iowa City, Johnson County, Iowa, to wit: A PORTION OF BLOCK 7, MANVILLE ADDITION, LOCATED IN THE NORTHEAST ONE- QUARTER OF SECTION 9, TOWNSHIP 79 NORTH, RANGE 6 WEST OF THE 5T" PRINCIPAL MERIDIAN, CITY OF IOWA CITY, JOHNSON COUNTY, IOWA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF BLOCK 7, MANVILLE ADDITION TO IOWA CITY, IOWA AS RECORDED IN PLAT BOOK 1, PAGE 149 IN THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE; THENCE S00025'23"W, ALONG THE EAST LINE OF SAID BLOCK 7, A DISTANCE OF 79.90 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING S00°25'23"W, ALONG SAID EAST LINE, 159.88 FEET; THENCE S89°59'26"W, 149.48 FEET; THENCE N00015'29"E, 159.84 FEET; THENCE N89°58'38"E, 149.94 FEET TO THE POINT OF BEGINNING, CONTAINING 0.55 ACRE (23,932 SQUARE FEET) 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 (2019) 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 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. Passed and approved this 4th day of November 20j_q. 4�� 4 Ma or Resolution No. 19-266 Page 2 Approved by Attest: ty Clerk ity Attorney's Office It was moved by saUh an seconded by Cole the Resolution be adopted, and upon roll call there were: Ayes: K14 pcOempletes/Draft_Resolutlon.doc.doc Nays: Absent: Teague Cole Mims Salih Taylor Thomas Throgmorton BE, Prepared by and return to: Kandie K. Gelner, Kennedy, Gelner, Crank & Waterman PC, 920 S. Dubuque Street, Iowa City, Iowa (319) 351-8181 CONSENT OF OWNER AND DEDICATION MANVILLE SEVEN ADDITION Libertyvalentine LLC does hereby certify and state that it is the Owner and Proprietor of the following -described real estate located in Johnson County, Iowa: See Exhibit A attached Libertyvalentine LLC does further state the subdivision of said real estate as it appears on the Final Plat of Manville Seven Addition is with its free consent and in accordance with the desire of said proprietor. The easements and other public property in the subdivision, hereinafter known and designated as Manville Seven Addition, City of Iowa City, Iowa, are hereby dedicated to the public, as provided by Chapter 354 of the 2019 Code of Iowa, as amended. DATED this 4- day of N onnn ll✓' 2019. LIBERTYVALENTINE LLC By: 1 Eric C. Streed, Manager STATE OF IOWA ) ) SS: COUNTY OF JOHNSON ) This instrument was acknowledged before me on NoV P mr 44-'t 2019 by Eric C. Streed, as Manager of Libertyvalentine LLC tira� is TltJpgURRILL � Commission Number 714799 z • • MY COMMISSION IXPIRES pow P January 29, 2020 17779.2/2019-10-10 Consent of Owner and Dedication Notary Public in and for the S to of Iowa -2- N S A PORTION OF BLOCK 7, MANVILLE ADDITION, LOCATED IN THE NORTHEAST ONE- QUARTER OF SECTION 9, TOWNSHIP 79 NORTH, RANGE 6 WEST OF THE 5TH PRINCIPAL MERIDIAN, CITY OF IOWA CITY, JOHNSON COUNTY, IOWA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF BLOCK 7, MANVILLE ADDITION TO IOWA CITY, IOWA AS RECORDED IN PLAT BOOK 1, PAGE 149 IN THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE; THENCE S00°25'23"W, ALONG THE EAST LINE OF SAID BLOCK 7, A DISTANCE OF 79.90 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING S00025'23"W, ALONG SAID EAST LINE, 159.88 FEET; THENCE S89°59'26"W, 149.48 FEET; THENCE N00°15'29"E, 159.84 FEET; THENCE N89°58'38"E, 149.94 FEET TO THE POINT OF BEGINNING, CONTAINING 0.55 ACRE (23,932 SQUARE FEET) AND IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. I Prepared by and return to: Kandie K. Gelner, Kennedy, Gelner, Cronk & Waterman PC, 920 S. Dubuque Street, Iowa City, Iowa (319) 351-8181 CERTIFICATE OF COUNTY AUDITOR MANVILLE SEVEN ADDITION I, Travis Weipert, hereby certify that I am the County Auditor of Johnson County, Iowa, and that I hereby approve the name "Manville Seven Addition" as a succinct and unique name for the subdivision containing the following -described real estate located in Johnson County, Iowa: See Exhibit A attached DATED this 141— day of 2019. �e Johnson County Auditor I 17779.2!2019-10-10 Certificate of Auditor EXHIBIT A A PORTION OF BLOCK 7, MANVILLE ADDITION, LOCATED IN THE NORTHEAST ONE- QUARTER OF SECTION 9, TOWNSHIP 79 NORTH, RANGE 6 WEST OF THE 5TH PRINCIPAL MERIDIAN, CITY OF IOWA CITY, JOHNSON COUNTY, IOWA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF BLOCK 7, MANVILLE ADDITION TO IOWA CITY, IOWA AS RECORDED IN PLAT BOOK 1, PAGE 149 IN THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE; THENCE S00°25'23"W, ALONG THE EAST LINE OF SAID BLOCK 7, A DISTANCE OF 79.90 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING S00025'23"W, ALONG SAID EAST LINE, 159.88 FEET; THENCE S89°59'26"W, 149.48 FEET; THENCE N00°15'29"E, 159.84 FEET; THENCE N89°58'38"E, 149.94 FEET TO THE POINT OF BEGINNING, CONTAINING 0.55 ACRE (23,932 SQUARE FEET) AND IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. m Prepared by and return to: Kandie K. Gelner, Kennedy, Gelner, Crank & Waterman PC, 920 S. Dubuque Street, Iowa City, Iowa (319) 351-8181 CERTIFICATE OF COUNTY TREASURER MANVILLE SEVEN ADDITION I, Thomas L. Kriz, hereby certify that I am the County Treasurer of Johnson County, Iowa, and that the following -described property, also known as Manville Seven Addition, is free from taxes or special assessments in the office of the Treasurer of Johnson County, Iowa. See Exhibit A attached 0 - DATED at Iowa City, Iowa this I day of IVDU V_0bQP , 2019. THOMAS L. KRIZ Johnson County Treasurer 17779.2/2019-10-10 Certificate of County Treasurer r J EXHIBIT A A PORTION OF BLOCK 7, MANVILLE ADDITION, LOCATED IN THE NORTHEAST ONE- QUARTER OF SECTION 9, TOWNSHIP 79 NORTH, RANGE 6 WEST OF THE 5TH PRINCIPAL MERIDIAN, CITY OF IOWA CITY, JOHNSON COUNTY, IOWA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF BLOCK 7, MANVILLE ADDITION TO IOWA CITY, IOWA AS RECORDED IN PLAT BOOK 1, PAGE 149 IN THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE; THENCE S00°25'23"W, ALONG THE EAST LINE OF SAID BLOCK 7, A DISTANCE OF 79.90 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING S00025'23"W, ALONG SAID EAST LINE, 159.88 FEET; THENCE S89°59'26"W, 149.48 FEET; THENCE N00°15'29"E, 159.84 FEET; THENCE N89°58'38"E, 149.94 FEET TO THE POINT OF BEGINNING, CONTAINING 0.55 ACRE (23,932 SQUARE FEET) AND IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. N Prepared by and return to: Kandie K. Gelner, Kennedy, Gelner, Crook & Waterman PC, 920 S. Dubuque Street, Iowa City, Iowa (319) 351-8181 OPINION OF ATTORNEY MANVILLE SEVEN ADDITION I, Kandie K. Gelner, hereby certify that I am a practicing attorney at law in Iowa City, Iowa; that I have examined the abstract of title to the property described as follows, to -wit: See Exhibit A attached It is hereby certified that fee simple title to said property, to become known as Manville Seven Addition, is in Libertyvalentine LLC, subject to a mortgage on said premises dated August 30, 2019 and recorded September 11, 2019 in Book 5955, Page 611, Mortgage Records of Johnson County, Iowa, given by Libertyvalentine LLC to Hills Bank and Trust Company. There are no other liens or encumbrances against the above-described premises. DATED this ' day ofYI ,a By KandiefrK?". Gelner V Kennedy, Gelner, Cronk & Waterman, PC 920 S. Dubuque St., P.O. Box 2000 Iowa City, IA 52244 17779.2/2019-10-10 Opinion of Attorney N I hau 13 f117_1 A PORTION OF BLOCK 7, MANVILLE ADDITION, LOCATED IN THE NORTHEAST ONE- QUARTER OF SECTION 9, TOWNSHIP 79 NORTH, RANGE 6 WEST OF THE 5TH PRINCIPAL MERIDIAN, CITY OF IOWA CITY, JOHNSON COUNTY, IOWA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF BLOCK 7, MANVILLE ADDITION TO IOWA CITY, IOWA AS RECORDED IN PLAT BOOK 1, PAGE 149 IN THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE; THENCE S00°25'23"W, ALONG THE EAST LINE OF SAID BLOCK 7, A DISTANCE OF 79.90 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING S00025'23"W, ALONG SAID EAST LINE, 159.88 FEET; THENCE S89°59'26"W, 149.48 FEET; THENCE N00°15'29"E, 159.84 FEET; THENCE N89°58'38"E, 149.94 FEET TO THE POINT OF BEGINNING, CONTAINING 0.55 ACRE (23,932 SQUARE FEET) AND IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. IN Prepared by and return to: Kandie K. Gelner, Kennedy, Gelner, Croak & Waterman PC, 920 S. Dubuque Street, Iowa City, Iowa (319) 351-8181 CONSENT OF MORTGAGEE TO SUBDIVISION The undersigned, Hills Bank and Trust Company, is the Mortgagee of a Mortgage from Libertyvalentine LLC, recorded the 11th day of September, 2019, in Book 5955, Page 611, Mortgage Records of Johnson County, Iowa. Said Mortgage encumbers the property designated as Manville Seven Addition to Iowa City, Iowa legally described as follows: See Exhibit A attached The undersigned Mortgagee, pursuant to the applicable provisions of the Code of Iowa, does hereby consent to the platting of this subdivision by Libertyvalentine LLC. The undersigned Mortgagee hereby releases any and all liens against those portions of Manville Seven Addition dedicated to the public DATED this �—L day of yao kr , 2019. HILLS BANK AND TRUST COMPANY Nwl, I F1 Far "!�M IV STATE OF IOWA ) ) SS: COUNTY OF JOHNSON ) This instrument was acknowledged before me on &hb✓ �111- 2019 by Molly Brown, Vice President of Hills Bank and Trust Company. 17779.2/2019-10-10 Consent of Mortgagee to Subdivision Ldgy Nc ar ublie in and for the State of Iowa -2- ■, e EXIIIBIT A A PORTION OF BLOCK 7, MANVILLE ADDITION, LOCATED IN THE NORTHEAST ONE- QUARTER OF SECTION 9, TOWNSHIP 79 NORTH, RANGE 6 WEST OF THE 5TH PRINCIPAL MERIDIAN, CITY OF IOWA CITY, JOHNSON COUNTY, IOWA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF BLOCK 7, MANVILLE ADDITION TO IOWA CITY, IOWA AS RECORDED IN PLAT BOOK 1, PAGE 149 IN THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE; THENCE S00°25'23"W, ALONG THE EAST LINE OF SAID BLOCK 7, A DISTANCE OF 79.90 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING S00025'23"W, ALONG SAID EAST LINE, 159.88 FEET; THENCE S89°59'26"W, 149.48 FEET; THENCE N00°15'29"E, 159.84 FEET; THENCE N89°58'38"E, 149.94 FEET TO THE POINT OF BEGINNING, CONTAINING 0.55 ACRE (23,932 SQUARE FEET) AND IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. m Prepared by and return to: Kandie K. Gelner, Kennedy, Gelner, Crook & Waterman PC, 920 S. Dubuque Street, Iowa City, Iowa (319) 351-8181 UNDERGROUND UTILITY EASEMENT W"WA600W1Dili DQ%11779-1DWI In consideration of the approval of the Final Plat of Manville Seven Addition, City of Iowa City, Johnson County, Iowa, the undersigned owner hereby grants to MidAmerican Energy Co., Qwest Communications, Mediacom, the City of Iowa City, and their successors and assigns (hereinafter collectively "Grantees") a perpetual easement upon, over, under, along and across the areas designated on the Final Plat of Manville Seven Addition, City of 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 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, operating 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 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 r 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. DATED this day of 2019. LIBERTYVALENTINE L C By: Eric C. S eed, Manager STATE OF IOWA ) ) SS: COUNTY OF JOHNSON ) This instrument was acknowledged before me on t\�O'tom , 2019 by Eric C. Streed, as Manager of Libertyvalentine LLC. TINA oP,R� C 8q L Com mission Number 714799 MY COMMISSION EXPIRES Z .•. r 10wP danuary29.2020 17779.2/2019-10-10 Underground Utility Easement Notary Public in and for State of Iowa ME SUBDIVIDER'S AGREEMENT MANVILLE SEVEN ADDITION SUBDIVISION IOWA CITY, IOWA THIS AGREEMENT, made by and between Libertyvalentine LLC, the Owner and Subdivider, hereinafter called the "Subdivider", and the City of Iowa City, Iowa, a municipal corporation, hereinafter called the "City", WITNESSETH: SECTION 1. SIDEWALKS. The Subdivider agrees, as a covenant running with the land, that Subdivider shall install sidewalks 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. Said sidewalks shall be at least five (5) feet in width and shall be constructed according to plans and specifications approved by the City Engineer and as per Sections 15-3-3; 16-1C-1, 2, 3; 16-4- 1, of the Iowa City Code of Ordinances. The obligation to install the sidewalks remains a lien on the lots abutting the sidewalk until released by the City and the release duly recorded in the Johnson County Recorder's Office, and in the event Subdivider fails to install the sidewalks, the City may install the sidewalks and assess the total cost against the property without meeting the requirements of notice, benefit or value required by state law for assessing improvements. SECTION 2. NEIGHBORHOOD OPEN SPACE FEE. Subdivider agrees to pay to the City a fee in the amount of $360.00 in lieu of dedicating 0.003 acres of land for neighborhood open space pursuant to the provisions of Section 14-5K-6 of the Iowa City Code of Ordinances. This fee is to be paid with the issuance of the first building permit for the Subdivision. City and Subdivider agree that this fee shall be deposited and administered according to Section 14-5K-6 of the Iowa City Code of Ordinance, as amended. SECTION 3. MISCELLANEOUS. A) All electrical, telephone and cable television service and distribution lines shall be installed underground. B) Plat notes and surveyor's notes on plats serve to provide notice of how a subdivision is expected to develop. Said notes are not intended to create any vested private interest in any stated use restriction or covenant, or create any third party beneficiaries to any noted use restriction or covenant. The City reserves the right, in its sole discretion, subject to any applicable public notice and approval process required by law, to alter or 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 f - 2 - easement, alter lot boundaries or allow said land to be replatted subject to any applicable public notice and approval process required by law. SECTION 4. SUCCESSORS AND ASSIGNS. The provisions of this Agreement shall inure to the benefit of and bind the successors and assigns of the respective parties hereto and all covenants shall be deemed to apply to and run with the land and with the title to the land. DATED this1114 day of November, 2019. LIBERTYYVVALLEENTINE LLC BY: l� Eric C. Streed, Manager CITY OF IOWA CITY, IOWA MR STATE OF IOWA ) ) SS: COUNTY OF JOHNSON ) JarifesThroginorton, ayor This instrument was acknowledged before me on November 4' h , 2019 by Eric C. Streed, as Manager of Libertyvalentine LLC. Eov TINA BURRILL Notary Public in and r the State of Iowa Commission Number 714799 MY COMMISSION EXPIRES January 29, 2020 N =0 STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this 401 day of nfo✓e n�e r , 2019, before me, the undersigned, a notary public in and for the State of Iowa, personally appeared James 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 said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said municipal corporation; that said instrument was signed and sealed on behalf of said municipal corporation by authority of its City Council; and that the said Mayor and City Clerk as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. CHRISTINE OLNEY %ow Commission Number 808232 . my Corn n wiMe Notary Public in and for Jo on County, Iowa —o 17779.2/2019-10-30 Subdivider's Agreement 1V Prepared by Jesi Lile, Associate Planner, 410 E. Washington, Iowa City, IA 52240; 319/356-5230 L-- DECISION2()19 ��C -b Fii'I II 29 IOWA CITY BOARD OF ADJUSTMENT WEDNESDAY, NOVEMBER 13, 2019 CITY CLEM EMMAJ. HARVAT HALL 10!M CITY.10',7A MEMBERS PRESENT: Zephan Hazell, Ernie Cox, Amy Pretorius, Gene Chrischilles MEMBERS ABSENT: Connie Goeb __--......_"'................... nu. nw".•nu�..ni 111111 O III][III Doc ID: 027566150006 Type: GEN STAFF PRESENT: Sue Dulek, Jesi Lile Kind: DECISION Recorded: 12/09/2019 at 01:16:09 PM Fee Amt: $32.00 Page 1 of 6 OTHERS PRESENT: Jesus Loria, Ken Valle Johnson county Iowa Valley Kim Painter County Recorder SREQIAL EXCEPTION ITEMS: BK 5987 PG380-385 1. FXG19-11: A public hearing regarding a special exception application submitted by Arts ce< Iowa City to allow for a specialized education center for classroom/workshop space for a community arts center in an Intensive Commercial (CI -1) zone located at 1423 Waterfront Drive. The Board concludes that the applicant has demonstrated that the use will be functionally compatible with surrounding uses and that the health and safety of clients/students are not compromised based on the following finding: • The proposed classroom space will be located indoors and will not be impacted by other businesses in the area. Other businesses in the area include: grocery stores, a gas station, retail, and restaurants. These types of businesses do not produce significant negative externalities such as excessive noise, dust, or outdoor work. The Board concludes that the proposed classroom use will not be detrimental to or endanger the public health, safety, comfort or general welfare based on the following findings: • The main proposed workshop disciplines are: jewelry making, woodworking, ceramics and sculpture. All students will be required to use adequate personal safety equipment. o Instructors will determine age restrictions for classes based on age, experience, and performance. • Students will be taught tool and safety procedures and will be tested on their knowledge before being allowed access to any proposed shops or equipment. o Students must complete a "Tool Safety Check Out" certification and take a beginning class on tool usage and processes which use specific hand and power tools. • The applicant plans to add additional ventilation systems (hoods, extractors, dust collectors, etc.) based on the specific requirements of each discipline. The applicant has been in contact with Building Inspection Services to inquire about additional requirements necessary. • The applicant plans to hold specific youth and children's classes based on age and expected ability levels with appropriate materials and tool training. • The applicant proposes to use eco -friendly materials and procedures to lessen environmental and personal health impacts. The Board concludes that the classroom space 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: All activities for the proposed exception will take place inside the building and on the property. The proposed use will bring more people to the area, and may increase clientele for surrounding businesses. Currently, the subject property is vacant. The applicant is proposing improvements to the building, and filled store fronts typically increase property values in the area. The Board concludes that the classroom space will not impede normal and orderly development and improvement of surrounding properties based on the following findings: • The applicant proposes to reuse and redevelop an existing building. • The addition of classroom space inside the building will not impede development or improvement of surrounding properties. The Board concludes that all necessary utilities and other facilities (access roads, streets, sidewalks, storm water management etc.) are already in place for this property and the surrounding neighborhood. The Board concludes that adequate measures have been taken to provide ingress and egress designed to minimize traffic congestion based on the following findings: • The subject property has an existing parking lot with two access points. • The subject property fronts an area of Waterfront Dr. that is not heavily trafficked. The Board concludes that the property complies with all other regulations and standards of the zone in which it is located. The Board concludes that the exception is consistent with the Comprehensive Plan of the City based on the following findings: The Comprehensive Plan contains many goals supporting Arts & Culture development including: o Recognizing the economic development potential of Arts & Culture programing o Seeking the participation of diverse populations (young and old) when developing cultural programs. o Providing opportunities for arts in all neighborhoods. o Exploring the creation of a community arts center. o Supporting non -profits involved in arts programing. o� C) crr �r— M C. V ti Y R, ^Y DISPOSITON- by a vote of 4-0, the Board approved a special exception allowing a specialized education facility in a CI -1 zone to allow for classroomtworkshop teaching spaces for a community arts center. 2. FXC19-10: A public hearing regarding a special exception submitted by Lucas Off Campus to allow for a before and after school daycare in a Low -Density Single Family Residential (RS -5) zone located at 3001 Muscatine Ave. The Board concludes that the daycare contains more than the required 35 square feet of usable indoor activity space per child based on the following findings: The required square footage for 50 children is 1,750 sq. ft. The site plan submitted shows two childcare areas. The primary area is 1,771 sq. ft., and the secondary is 2,124 sq. ft for a total of 3,895 sq. ft, well over the minimum requirements for indoor activity area. The applicant also has access to a gymnasium that provides another 3,775 sq. ft. of play area for the children. The Board concludes that there is a fenced outdoor play area that meets the standards for size, being free from hazards and accessible to the daycare center based on the following findings and with the following conditions: The applicant has proposed breaking up children by age group, so there will be no more than 25 children outside at one time. This makes the required fenced area a minimum of 2,500 sq. ft. The applicant has shown an outdoor play area on the northwest corner of the site. In order to improve the safety of the proposed outdoor play area, the following conditions should be imposed: o The applicant must provide a striped pedestrian crossing area from the building to the fenced outdoor play area. o The fenced area must be located 30 feet from both Muscatine Ave. and Dover St. in order to provide a buffer between the street and play area, and to shift the play area away from the intersection. o The fenced area must only serve children Kindergarten and up. o The applicant must close the exit onto Muscatine Ave. nearest the play area when it is in use and not allow traffic to enter or exit at that location. o The circulation route shown on the site plan must be modified to show parents exiting the site onto Dover St. instead of driving between the building and the play area. The applicant has proposed installing a 4 -foot chain-link fence around the proposed play area. Per DHS standards, the applicant must provide one supervisor for every fifteen children ages 5-10. The applicant must provide at least two supervisors for the anticipated 25 children that would be using this outdoor area at once. The Board concludes that the applicant can provide a drop off -pick up location that is conve�n4nt to and provides good pedestrian access to the facility, with sufficient parking and stacking ZO spaces to ensure that traffic does not stack into the adjacent street based on the fol`tMng findings: h� I - t7 r rV to The site plan shows a parking area outside the main daycare entrance that is connected to the entrance by a sidewalk. The applicant has shown 27 parking spaces available, which is more than the required 22 parking space. The entrance to the site is away from the public right-of-way, so traffic on-site will not impede traffic on adjacent streets. The Board concludes that the applicant is able to provide a sidewalk connecting the main entrance of the center to the adjacent public right of way via the Village Green Homeowners Association (HOA) owned sidewalk to the east of the center that provides clear pedestrian access separate from vehicular circulation areas with the following conditions: • The applicant must provide a striped pedestrian area that connects the entrance of the daycare to the sidewalk extension. • The applicant must put cones or another barrier out across the entrance drive to block cars entering the parking area during use of the walkway in order to provide the required separation from vehicle circulation areas. • There must be a written agreement between Lucas Off Campus and the Village Green HOA for the use of the HOA sidewalk. • All children must be escorted by staff or guardians off the property when they leave the program. The Board concludes that the applicant is not proposing changes to the building itself, rather proposing the addition of another use, and that the current building is non -conforming. The Board concludes that with the conditions proposed, the site is a suitable place for a childcare center and will not be detrimental to or endanger the health, safety, comfort, or general welfare. The Board concludes that the daycare 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 childcare center is located in an existing building and will not operate off-site. • The addition of a chain-link fenced play area will not substantially change the site. • There are other childcare programs and schools already in operation in the vicinity, so the addition of a childcare center will not diminish the use and enjoyment of surrounding property owners. The Board concludes that the daycare will not impede normal and orderly development of the surrounding property because the surrounding property is fully developed, and the daycare will operate on-site as to not impede improvement of surrounding properties. The Board concludes that the daycare will have access to all utilities and other necessary facilities. The Board concludes that the daycare will not congest traffic on public streets orihe following finding and condition: - D C_? �n p -r-- f )� • The subject property has three access points, one off Dover St. and two off Muscatine Ave. In order to improve safety within the parking lot, the following condition should be imposed: o The circulation plan must be modified to show parents exiting the site on to Dover Street, instead of driving between the building and the play area. The Board concludes that the site conforms to all setbacks and height requirements as well as other requirements of the RS -5 zone. The Board concludes that the daycare is consistent with the Comprehensive Plan based on the following finding: • Iowa City's Comprehensive Plan supports development that provides opportunities for people in all stages of life, including children, young adults, families, and seniors. Iowa City also lacks childcare facilities to support families. The addition of another childcare facility near two elementary schools will help to support children and families of this neighborhood. DISPOSITION- By a vote of 3-0 (Cox recused himself), the Board approved a special exception to allow for a before and after school daycare in the Low -Density Single Family Residential (RS - 5) zone located at 3001 Muscatine Avenue with the following conditions: • The applicant must provide a striped pedestrian crossing area from the building to the fenced outdoor play area. • The fenced play area must be located 30 feet from both Muscatine Avenue and Dover Street in order to provide a buffer between the street and play area, and to shift the play area away from the intersection. The play area cannot be occupied or used until the fence is in place. • The fenced play area must only serve children kindergarten and up. • The applicant must close the exit onto Muscatine Avenue near the fenced play area when it is in use in order to reduce vehicle traffic. • The circulation plan shown on the site plan dated November 7, 2019, shown as Attachment 4 of the Staff Report, must be modified to show parents exiting the site on to Dover Street instead of driving between the building and the fenced play area. • The applicant must escort children to and from school at the ratio determined by DHS. • The applicant must provide a striped pedestrian area that connects the entrance of the daycare to the sidewalk extension that will connect to the subject property's parking lot with the HOA sidewalk. • The applicant must put cones or another barrier out across the entrance drive from Muscatine Avenue to block cars entering the parking area during use of the walkway to access the HOA sidewalk in order to provide the required separation from vehicle circulation areas. • There must be a written agreement between Lucas Off Campus and the Village Green HOA for the use of the HOA's sidewalk. • All children must be escorted by staff or guardians off the property when they leaNfgthe program on foot. o n� n 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 application 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: GAmetorius, Acting 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 13th day of November, 2019, as the same appears of record in my Office. Dated at Iowa City, this La� day of 1 ec-jfg _ r— , 20 Kellie K. Fruehling, C ty Clerk c c� n o -i n O tV l0 Doc ID: 027565510004 Type. GEN Kind: EASEMENT Recorded: 12/09/2019 at 10:35:28 AM Fee Amt: $22.00 Pape 1 of 4 Johnson County Iowa Kim Painter County Recorder 13K5987 PG209-212 FE$ STATE OF IOWA ) ) SS COUNTY OF JOHNSON ) r 11x1®1�� �'ldllV� CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240-1826 (319) 356-5000 (319)356-5009 FAX www.icgoy.org I, Kellie K. Fruehling, City Clerk of the City of Iowa City, Iowa, do hereby state that Resolution No 17-224 was previously recorded on July 13, 2017, Book 5677, Pages 230-274, inadvertently omitted the following: Private Water Service Line Easement Agreement. A copy is attached. Dated at Iowa City, Iowa, this 11 day of December 2019. Kellie K. Fruehling City Clerk 7% Prepared by and Return to: Timothy S. Grady, 222 S. Linn St., Iowa City, IA 52244-2447; 319/338-7551 PRIVATE WATER SERVICE LINE EASEMENT AGREEMENT RECITALS Paradigm Properties, L.L.C. ("Paradigm") is the owner of the following three lots, all located in The Crossings, Phase One and Phase Two, Iowa City, Iowa, according to the plat thereof recorded in Book 61, Page 141, Plat Records of Johnson County, Iowa: Lots 3, 4, and Outlot G ("Lot 3", "Lot 4", and "Outlot G" respectively). WHEREAS, Paradigm desires to run a private water service line from the City of Iowa City's main water line to benefit Lots 3 and 4. WHEREAS, said private water service line will need to cross Outlot G within an area encumbered by that certain Underground Utility Easement, recorded in Book 5677, Page 230, Seq. 33-35 . WHEREAS, Paradigm desires to establish a private water service line easement over Outlot G to benefit Lots 3 and 4. NOW, THEREFORE, Paradigm, owner of all of the above-described lots, hereby establishes the following private water service line easement pertaining to the above described lots: 1. The recitals set forth above are hereby incorporated herein as if set forth in their entirety. 2. Paradigm states and covenants that it is lawfully seized and possessed of Outlot G and that it has good and lawful right to convey this easement. I NO la 3. There is hereby established a private water service line easement on Outlot G for the benefit of Lots 3 and 4 over and across the area on Outlot G designated as 15' Utility Easement on the final plat of The Crossings, Phase One and Phase Two, Iowa City, Iowa recorded in Book 61, Page 141, Plat Records of Johnson County, Iowa. 4. The owners of Lots 3 and 4, at their own expense, shall be responsible for the initial installation of the private water service line and the future maintenance thereto, which shall be done in accordance with Iowa City Code of Ordinances, Section 16-3C. 5. The owner of Outlot G shall retain the right to use the surface of said easement area, so long as said use does not unreasonably interfere with the private water service line benefitting Lots 3 and 4, and so long as no buildings or structures are erected on said easement area. 6. After installation and / or maintenance of said private water service line, the owners of Lots 3 and 4, at their own expense, shall be responsible to return the easement area to the condition and state that it was in prior to said installation or maintenance. 7. This Agreement shall not be terminated or amended without the prior written consent of the City of Iowa City ("City"). Nothing in this Agreement shall be construed to impose a requirement on the City to install the original improvements at issue herein or to maintain said improvements or enforce the provisions set forth herein. Nor shall Paradigm be deemed acting as the City's agent during the original construction and installation of said improvements. Parties agree that the obligation to install the improvements herein shall be in accordance with City specifications, and the obligation shall remain on Paradigm or its successor(s) in interest as set forth in this agreement. 8. The provisions hereof shall inure to the benefit of and be binding upon the successors and assigns of the respective owners of each lot described herein, and all covenants set forth herein shall apply and run with the land. Dated this 0 day of ,f, 2019. PARADIGM PROPERTIES, STATE OF IOWA, COUNTY OF JOHNSON, SS: This instrument was acknowledged before me by Randy Miller as Manager of Paradigm Properties, L.L.C. on this 1K- day of N o VeWt.bvf 2019. ALM•Not ublic, State of Iow ��z CITY OF IOWA CITY, IOWA, a Municipal Corporation By: ' James . Throgmorton, Mayor n Attest: STS TE OF IOWA ) ss: COUNTY OF JOHNSON ) Approved By City Attorney's Office i z-1 s lI % fOkPUItNitSitii This instrument was acknowledged before me on the % ' day of (-2019, by James A. Throgmorton and Kellie K. Fruehling as Mayor and City Clerk, of the City of Iowa City, a municipal corporation. &Az Notary Public, State o .owa UTSG/Forms&orders2o I9/ParadigmProperties WaterSmiceLineEasement CHRISTINE OLNEY o � ��" Commission Number 806232 =�f}�� M,y o �sonExpires tf�Gi7,• `f G IOWA 'IIIIIIIIIIUUIIIIIIUIIIIIUIIIIIIIIIIIUIIIIIIupllllllliiilunuumiinn l Doc ID: 027576500939 Type: GEN Kind" SUBDIVISION-- � i r tf(((�+�kp� Recorded: 12/20/2019 at 12:50:34 PM Fee Amt: $197.00 Page 1 of 39 �'�! M KimnPalnternCountVaRecorder ®'�'_ BK5991 pr.818-856 CITYF IOWA CITY 410 East Washington Street Iowa City. Iowa 52240-1826 " (3 19) 356-5000 STATE OF IOWA ) 09 FAX ) SS www.icgov.org gov.or www.icgay.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. 19-274, which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 19th day of November 2019, all as the same appears of record in my office. Also attached are the final legal documents for Tamarack Ridge Subdivision, Iowa City, Iowa. 1` r Dated at Iowa City, Iowa, this day of I a -e -iv -be2019. Kellie It. Fruehling 6�p City Clerk fires subdivision 4: CORPORA [A� •O OP 4PPR® ^y. D�jipSv . 1 Prepared by: Anne Russett, Senior Planner, 410 E. Washington St, Iowa City, IA 52240 (SUB19-14) Resolution No. 19-274 Resolution Approving Final Plat Of Tamarack Ridge Subdivision, Iowa City, Iowa. Whereas, the owner, Tamarack Ridge, LLC, filed with the City Clerk the final plat of Tamarack Ridge Subdivision, Iowa City, Iowa, Johnson County, Iowa; and Whereas, said subdivision is located on the following -described real estate in Iowa City, Johnson County, Iowa, to wit: BEING A PART OF AUDITOR'S PARCEL 2019027 AS RECORDED IN BOOK 62 AT PAGE 399 OF THE JOHNSON COUNTY RECORDER'S OFFICE IN THE NORTHWEST QUARTER (NW Y.) AND SOUTHWEST QUARTER (SW %) OF SECTION 1, TOWNSHIP 79 NORTH, RANGE 6 WEST, IOWA CITY, JOHNSON COUNTY, IOWA DESCRIBED AS: COMMENCING AT THE NORTHEAST CORNER OF SAID AUDITOR'S PARCEL 2019027, THENCE S88°36'04"W, 10.00 FEET ALONG THE SOUTH RIGHT OF WAY LINE OF SCOTT BOULEVARD TO THE POINT OF BEGINNING, THENCE S01`24'49"E, 1,000.00 FEET; THENCE N88°35'11"E, 10.00 FEET TO THE WEST LINE OF AUDITOR'S PARCEL 2019027; THENCE S01°24'49"E ALONG SAID WEST LINE 824.28 FEET TO THE SOUTHEAST CORNER OF SAID PARCEL; THENCE ALONG THE SOUTH LINE OF SAID PARCEL S87008'19"W, 644.61 FEET, THENCE S88°03'52"W, 299.26 FEET; THENCE NO3°23'42"W, 1140.29 FEET, THENCE N35"56'44"E, 599.09 FEET, THENCE N18"30'51"E, 240.00 FEET TO THE SOUTH RIGHT OF WAY LINE OF SCOTT BOULEVARD; THENCE 61.79 FEET ALONG SAID SOUTH LINE ON A 955.00 FOOT RADIUS CURVE CONCAVE SOUTH (CHORD BEARING N86°43'55"E, 61.78 FEET); THENCE ALONG SAID SOUTH LINE N88"36'04"E, 466.00 FEET TO THE POINT OF BEGINNING. DESCRIBED AREA CONTAINS 36.58 ACRES AND IS SUBJECT TO EASEMENTS AND OTHER 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 (2019) and all other state and local requirements. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that: 1. The said final plat and subdivision located on the above-described real estate be and the same are hereby approved. 2. The City accepts the dedication of the streets and easements as provided by law and specifically sets aside portions of the dedicated land, namely streets, as not being open for public access at the time of recording for public safety reasons. 3. The Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed, upon approval by the City 'Attorney, to execute all legal documents relating to said subdivision, and to certify a copy of this resolution, which shall be affixed to the final plat after '(.h '�Jcl Resolution No. 19-274 Page 2 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 19th day of November —'20 19 MaKor Approved by AttestCity C ty Clerk ( Cily Attorney's Office It was moved by Nims Q a seconded by Salih the Resolution be adopted, and upon roll call there were: Ayes: 414 X X X X X X Nays: Absent: Teague Cole Mims Salih Taylor Thomas Throgmorton pc emplatesllowa CIty.4594.1.Reso1uUan_ Temarack_Ridge.doc.doc �-R e . Prepared by and Retum to: John E. Beasley, Phelan Tucker Law Fim, PO Box 2150, 321 E. Market St., Iowa City, 1A 52244-2150,319-354-1104 OPINION OF ATTORNEY TAMARACK RIDGE SUBDIVISION I, John E. Beasley, 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: AUDITOR'S PARCEL 2019112 AS RECORDED IN PLAT BOOK 63 AT PAGE 236 OF THE JOHNSON COUNTY RECORDER'S OFFICE IN THE NORTHWEST QUARTER (NW 1/4) AND SOUTHWEST QUARTER (SW 1/4) OF SECTION 1, TOWNSHIP 79 NORTH, RANGE 6 WEST, IOWA CITY, JOHNSON COUNTY, IOWA FURTHER DESCRIBED AS: BEING A PART OF AUDITOR'S PARCEL 2019027 AS RECORDED IN PLAT BOOK 62 AT PAGE 399 OF THE JOHNSON COUNTY RECORDER'S OFFICE IN THE NORTHWEST QUARTER (NW 1/4 ) AND SOUTHWEST QUARTER (SW 1/4 ) OF SECTION 1, TOWNSHIP 79 NORTH, RANGE 6 WEST, IOWA CITY, JOHNSON COUNTY. IOWA DESCRIBED AS: COMMENCING AT THE NORTHEAST CORNER OF SAID AUDITOR'S PARCEL 2019027, THENCE ALONG THE SOUTH RIGHT OF WAY LINE OF SCOTT BOULEVARD S88036'04"W, 10.00 FEET TO THE POINT OF BEGINNING, THENCE SOI °24'49"E, 1,000.00 FEET; THENCE N88'35'1 I"E, 10.00 FEET TO THE WEST LINE OF AUDITOR'S PARCEL 2019027; THENCE ALONG SAID WEST LINE SOI'24'49"E 824.28 FEET TO THE SOUTHEAST CORNER OF SAID AUDITOR'S PARCEL; THENCE ALONG THE SOUTH LINE OF SAID AUDITOR'S PARCEL S87°08'19"W, 644.61 FEET, THENCE S88°03'52"W, 299.26 FEET; THENCE NO3°23'42"W, 1140.29 FEET; THENCE N35°56'44"E, 599.09 FEET; THENCE N18°30'51"E, 240.00 FEET TO THE SOUTH RIGHT OF WAY LINE OF SCOTT BOULEVARD; THENCE 61.79 FEET ALONG SAID SOUTH LINE ON A 955.00 FOOT RADIUS CURVE CONCAVE SOUTH (CHORD BEARING N86°43'55"E, 61.78 FEET); THENCE ALONG SAID SOUTH LINE N88036'04"E, 466.00 FEET TO THE POINT OF BEGINNING. DESCRIBED AREA CONTAINS 36.58 ACRES AND IS SUBJECT TO EASEMENTS AND OTHER RESTRICTIONS OF RECORD. It is hereby certified that fee simple title to said property is in Tamarack Ridge L.L.C., free and clear of all liens and encumbrances. Z1 Dated at Iowa City, Iowa, this 18 day of jkV4 u.Lii , 2019. Jo E. Beasley P an, Tucker, Mulle , Walker cker & Gelman, L. L. P. O. Box 2150 21 E. Market St. Iowa City, Iowa 52244-2150 191 Pmpared by and Retum to: John E. BmIcy, Phelan Tucker Law Firm, PO B=2150.321 E. Market St., lows City, IA 52244-2150.319-354-1104 CERTIFICATE OF COUNTY TREASURER TAMARACK RIDGE SUBDIVISION I, Thomas Kriz, hereby certify that I am the County Treasurer of Johnson County, Iowa, and that the property described as follows, to -wit: AUDITOR'S PARCEL 2019112 AS RECORDED IN PLAT BOOK 63 AT PAGE 236 OF THE JOHNSON COUNTY RECORDER'S OFFICE IN THE NORTHWEST QUARTER (NW 1/4) AND SOUTHWEST QUARTER (SW 1/4) OF SECTION 1, TOWNSHIP 79 NORTH, RANGE 6 WEST, IOWA CITY, JOHNSON COUNTY, IOWA FURTHER DESCRIBED AS: BEING A PART OF AUDITOR'S PARCEL 2019027 AS RECORDED IN PLAT BOOK 62 AT PAGE 399 OF THE JOHNSON COUNTY RECORDER'S OFFICE IN THE NORTHWEST QUARTER (NW 1/4 ) AND SOUTHWEST QUARTER (SW 1/4 ) OF SECTION 1, TOWNSHIP 79 NORTH, RANGE 6 WEST, IOWA CITY, JOHNSON COUNTY, IOWA DESCRIBED AS: COMMENCING AT THE NORTHEAST CORNER OF SAID AUDITOR'S PARCEL 2019027, THENCE ALONG THE SOUTH RIGHT OF WAY LINE OF SCOTT BOULEVARD S88036'04"W, 10.00 FEET TO THE POINT OF BEGINNING, THENCE SOI °24'49"E, 1,000.00 FEET; THENCE N88'35'1 I "E, 10.00 FEET TO THE WEST LINE OF AUDITOR'S PARCEL 2019027; THENCE ALONG SAID WEST LINE SOI°24'49'E 824.28 FEET TO THE SOUTHEAST CORNER OF SAID AUDITOR'S PARCEL; THENCE ALONG THE SOUTH LINE OF SAID AUDITOR'S PARCEL S87°08'19"W, 644.61 FEET, THENCE S88°03'52"W, 299.26 FEET; THENCE NO3°23'42"W, 1140.29 FEET; THENCE N35°56'44"E, 599.09 FEET; THENCE N18°30'5I "E, 240.00 FEET TO THE SOUTH RIGHT OF WAY LINE OF SCOTT BOULEVARD; THENCE 61.79 FEET ALONG SAID SOUTH LINE ON A 955.00 FOOT RADIUS CURVE CONCAVE SOUTH (CHORD BEARING N86°43'55"E, 61.78 FEET); THENCE ALONG SAID SOUTH LINE N88036'04"E, 466.00 FEET TO THE POINT OF BEGINNING. DESCRIBED AREA CONTAINS 36.58 ACRES AND IS SUBJECT TO EASEMENTS AND OTHER RESTRICTIONS OF RECORD. and shown on the attached Plat and known and designated as Tamarack Ridge, a Subdivision of the City of Iowa City, Iowa, is free from outstanding real estate taxes. 20 Dated at Iowa City, Iowa, this 1 day of A10 V Q Ab* ,2019. �al3�l°V z. J Thomas Kriz County Treasurer Johnson County, Iowa (Seal) Z�k Prepared by and Return to: John E. Beasley, 321 East Market Street, P.O. Box 2150, Iowa City, Iowa 52244—(319)354-1104 CERTIFICATE OF COUNTY AUDITOR TAMARACK RIDGE SUBDIVISION I, Travis Weipert, the County Auditor of Johnson County, Iowa, hereby approve the name Tamarack Ridge, a Subdivision of the City of Iowa City, Iowa, as a succinct and unique name for the subdivision containing the following described real estate located in Johnson County, Iowa: AUDITOR'S PARCEL 2019112 AS RECORDED IN PLAT BOOK 63 AT PAGE 236 OF THE JOHNSON COUNTY RECORDER'S OFFICE IN THE NORTHWEST QUARTER (NW 1/4 ) AND SOUTHWEST QUARTER (SW 1/4 ) OF SECTION I, TOWNSHIP 79 NORTH, RANGE 6 WEST, IOWA CITY, JOHNSON COUNTY, IOWA FURTHER DESCRIBED AS: BEING A PART OF AUDITOR'S PARCEL 2019027 AS RECORDED IN PLAT BOOK 62 AT PAGE 399 OF THE JOHNSON COUNTY RECORDER'S OFFICE IN THE NORTHWEST QUARTER (NW 1/4) AND SOUTHWEST QUARTER (SW 1/4) OF SECTION 1, TOWNSHIP 79 NORTH, RANGE 6 WEST, IOWA CITY, JOHNSON COUNTY, IOWA DESCRIBED AS: COMMENCING AT THE NORTHEAST CORNER OF SAID AUDITOR'S PARCEL 2019027, THENCE ALONG THE SOUTH RIGHT OF WAY LINE OF SCOTT BOULEVARD S88036'04"W, 10.00 FEET TO THE POINT OF BEGINNING, THENCE S01 -24'49"E, 1,000.00 FEET; THENCE N88°35'11"E, 10,00 FEET TO THE WEST LINE OF AUDITOR'S PARCEL 2019027; THENCE ALONG SAID WEST LINE S0102449"E 824.28 FEET TO THE SOUTHEAST CORNER OF SAID AUDITOR'S PARCEL; THENCE ALONG THE SOUTH LINE OF SAID AUDITOR'S PARCEL S87°08'19"W, 644.61 FEET, THENCE S88°03'52"W, 299.26 FEET; THENCE NO3°23'42"W, 1140.29 FEET; THENCE N35°56'44"E, 599.09 FEET; THENCE N18°30'51"E, 240.00 FEET TO THE SOUTH RIGHT OF WAY LINE OF SCOTT BOULEVARD; THENCE 61.79 FEET ALONG SAID SOUTH LINE ON A 955.00 FOOT RADIUS CURVE CONCAVE SOUTH (CHORD BEARING N86°43'55"E, 61.78 FEET); THENCE ALONG SAID SOUTH LINE N88°36'04"E, 466.00 FEET TO THE POINT OF BEGINNING. DESCRIBED AREA CONTAINS 36.58 ACRES AND IS SUBJECT TO EASEMENTS AND OTHER RESTRICTIONS OF RECORD. Dated at Iowa City, Iowa, this 4_ day of S 6 A-/ 2019. Travis Weipert County Auditor (seal) Johnson County, Iowa 2q Prepared by and Retum to: John E. Beasley, Phelan Tucker Law Firm, PO Box 2150, 321 E. Market St., Iowa City, IA 52244-2150,319-354-1104 OWNER'S STATEMENT AND DEDICATION OF TAMARACK RIDGE SUBDIVISION KNOW ALL MEN BY THESE PRESENTS: Tamarack Ridge L.L.C., an Iowa limited liability company, hereby certifies and states that it is the owner and proprietor of the following described real estate situated in Johnson County, Iowa, to wit: AUDITOR'S PARCEL 2019112 AS RECORDED IN PLAT BOOK 63 AT PAGE 236 OF THE JOHNSON COUNTY RECORDER'S OFFICE IN THE NORTHWEST QUARTER (NW 1/4 ) AND SOUTHWEST QUARTER (SW 1/4 ) OF SECTION 1, TOWNSHIP 79 NORTH, RANGE 6 WEST, IOWA CITY, JOHNSON COUNTY, IOWA FURTHER DESCRIBED AS: BEING A PART OF AUDITOR'S PARCEL 2019027 AS RECORDED IN PLAT BOOK 62 AT PAGE 399 OF THE JOHNSON COUNTY RECORDER'S OFFICE IN THE NORTHWEST QUARTER (NW 1/4 ) AND SOUTHWEST QUARTER (SW 1/4 ) OF SECTION 1, TOWNSHIP 79 NORTH, RANGE 6 WEST, IOWA CITY, JOHNSON COUNTY, IOWA DESCRIBED AS: COMMENCING AT THE NORTHEAST CORNER OF SAID AUDITOR'S PARCEL 2019027, THENCE ALONG THE SOUTH RIGHT OF WAY LINE OF SCOTT BOULEVARD S88°36104"W, 10.00 FEET TO THE POINT OF BEGINNING, THENCE SO 1-24'49"E, 1,000.00 FEET; THENCE N88°35'11"E, 10.00 FEET TO THE WEST LINE OF AUDITOR'S PARCEL 2019027; THENCE ALONG SAID WEST LINE S01024'49"E 824.28 FEET TO THE SOUTHEAST CORNER OF SAID AUDITOR'S PARCEL; THENCE ALONG THE SOUTH LINE OF SAID AUDITOR'S PARCEL S87008'19"W, 644.61 FEET, THENCE S88003'52"W, 299.26 FEET; THENCE NO3°23'42"W, 1140.29 FEET; THENCE N35°56'44"E, 599.09 FEET; THENCE N18030'51"E, 240.00 FEET TO THE SOUTH RIGHT OF WAY LINE OF SCOTT BOULEVARD; THENCE 61.79 FEET ALONG SAID SOUTH LINE ON A 955.00 FOOT RADIUS CURVE CONCAVE SOUTH (CHORD BEARING N86°43'55"E, 61.78 FEET); THENCE ALONG SAID SOUTH LINE N88°36'04"E, 466.00 FEET TO THE POINT OF BEGINNING. DESCRIBED AREA CONTAINS 36.58 ACRES AND IS SUBJECT TO EASEMENTS AND OTHER RESTRICTIONS OF RECORD. Tamarack Ridge L.L.C. does further state that the subdivision of said real estate as it appears on the Final Plat of Tamarack Ridge is a subdivision of the City of Iowa City, Iowa, with its free consent, and in accordance with its desire. M The streets and easements in said subdivision, as shown on the Final Plat of Tamarack Ridge, a Subdivision of the City of Iowa City, Iowa are hereby dedicated to the public, as provided by Chapter 354 of the 2019 Code of Iowa, as amended. IN WITNESS WHEREOF, the proprietor has caused these presents to be signed on this [S7 day of Uou ew.(✓1 12019. STATE OF IOWA ss: COUNTY OF JOHNSON Tamarack Ridge L.L.C. By: el G.os ark Its: Manager By: !/e�ae Dough Its: Manager On this ISAday of NO%l4wk,4 , 2019, before me the undersigned, a Notary Public in and for said County and State, personally appeared G. Joseph Clark and Douglas J. Paul, to me personally known who being by me duly sworn, did say that they are the Managers of the limited liability company executing the within and foregoing instrument to which this is attached, that no seal has been procured by the limited liability company; that said instrument was signed on behalf of the limited liability company by authority of its Managers and Members; and that G. Joseph Clark and Douglas J. Paul as Managers acknowledged the execution of the foregoing instrument to be the voluntary act and deed of the limited liability company, by it and by them voluntarily executed. A Notary PMbfic'in and for the Itate of Iowa p JOHN E. BEASLEY L Commission Number 162595 * MY COMMISSION D(PIRES 4n OCTOBER 15, 2021 2R Prepared by end Remm to: John E. Beasley, Phelan Tucker law Firm, PO Box 2150, 321 E. Market St., Iowa City, IA 52244-2150,319-354-1104 UNDERGROUND UTILITY EASEMENT WW410M1744TM"is.711ZlLK.Y11: In consideration of the approval of the Final Plat of Tamarack Ridge, a Subdivision of the City of Iowa City, Iowa, Tamarack Ridge L.L.C., an Iowa limited liability company, hereby grants to the City of Iowa City, Iowa, Mid -American Energy Company, Century Link, MediaCom, IMON Communications, and their successors and assigns, a perpetual easement upon, over, under, along and across the areas designated on the Final Plat of Tamarack Ridge, Iowa City, Iowa, as "15' Utility Easement". The Grantees of this easement shall have the right to install, lay, construct, reconstruct, renew, operate, maintain and remove conduits, cables, pipes, electric lines below the surface of the ground, and other equipment or appurtenances above the surface of the ground as may be necessary for the purpose of serving the Subdivision and other property with electricity, gas, and communication service; the right to trim, cut down and remove such trees, brush, saplings and bushes without compensation to Grantor or their successors in interest, as may interfere with the proper construction, maintenance, operation or removal of said facilities, equipment and appurtenances; and the right of ingress and egress for all of the purposes aforesaid. Grantees shall promptly backfill any trench made by them, and repair any damages caused by them within the easement areas. Grantees shall indemnify Grantor against unreasonable loss or damage which may occur in the negligent exercise of its easement rights herein. Grantor, its successors in interest and assigns, reserve the right to use said easement areas for purposes which will not interfere with the Grantees' full enjoyment of 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. 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 "Utility Easement" except as limited above. ZC( a Dated this day of %Y©t 404- 2019. OI>:11"43we]+f1 ss: Tamarack LIN By: �04 Douglas J. Pa Its: Manager On this 1 e day of VOO&A W/ , 2019, before me the undersigned, a Notary Public in and for said County and State, personally appeared G. Joseph Clark and Douglas J. Paul, to me personally known who being by me duly sworn, did say that they are the Managers, of the limited liability company executing the within and foregoing instrument to which this is attached, that no seal has been procured by the limited liability company; that said instrument was signed on behalf of the limited liability company by authority of its Managers and Members; and that G. Joseph Clark and Douglas J. Paul as Managers acknowledged the execution of the foregoing instrument to be the voluntary act and deed of the limited liability company, by it and by them voluntarily executed. w . n JOHN E. BEASLEY • Commission Number 162595 * • MY COMMISSION EXPIRES no OCTOBER 15, 2021 in and for the State of Iowa C/on JOHN EBEASLEYCommission Nur,p�. •62595 MY COMMISSION EXPIRES OCTOBER 15, 2021 2 ` Prepared by and Retum to: John E. Beasley, Phelan Tucker law Firm, PO Box 2150, 321 E. Market St., Iowa City, IA 52244-2150, 319-354-1104 STORM SEWER EASEMENT AND DRAINAGE EASEMENT 0 THIS AGREEMENT, made and entered into by and between Tamarack Ridge L.L.C., an Iowa limited liability company 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, Tamarack Ridge L.L.C. 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 sewer lines, pipes, mains, and conduits as the City shall from time to time elect for conveying storm water, with all necessary appliances and fittings for the use in connection with said pipe lines, together with adequate protection therefore, and also a right of way, with the rights of ingress and egress thereto, over and across the areas designated as "20' Storm Sewer Easement", and "Storm Sewer Easement" on the Final Plat of Tamarack Ridge, a Subdivision of the City of Iowa City, Iowa. In addition, Tamarack Ridge L.L.C. grants to the City an easement for purposes of excavating for and the installation, maintenance and use of such over -land drainageways and swales, as the City shall from time to time elect for draining storm water over and across, and the right of ingress and egress over and across the area designated as " 20' Drainage Easement", on the Final Plat of Tamarack Ridge, a Subdivision of the City of Iowa City, Iowa. The areas described above shall be referred to herein as "easement areas." Tamarack Ridge L.L.C. 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 backfill any trench made by it, and repair any damages caused by the City within the easement areas. The City shall indemnify Tamarack Ridge L.L.C. against unreasonable loss or damage which may occur in the negligent exercise of the easement rights by the City. Except as expressly provided herein, the City shall have no responsibility for maintaining the easement areas. V Tamarack Ridge L.L.C. 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 Tamarack Ridge L.L.C. 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 easement areas, or diminish or substantially add to the ground cover over said easement areas. Sidewalks and driveways may be constructed on the easement areas. City reserves the right to remove any trees, buildings, fences or other structures erected within the easement areas without compensation or replacement Tamarack Ridge L.L.C. hereby covenants with the City that Tamarack Ridge L.L.C. is lawfully seized and possessed of the real state 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 Tamarack Ridge L.L.C. 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 this obligation shall remain on Tamarack Ridge L.L.C. until completion by Tamarack Ridge L.L.C., and until acceptance by the City. 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. [SIGNATURE PAGES TO FOLLOW] Za �/ Dated this /�day of / X L,/{0'�A2019. 1.1 W."are)a(U11M.1 ss: Q a 00PI OW Tamarack Un By: Douglas J1.7PauI Its: Manager On this (S 4A day of jIAJI VAL4 2019, before me the undersigned, a Notary Public in and for said County and State, personally appeared G. Joseph Clark and Douglas J. Paul, to me personally known who being by me duly sworn, did say that they are the Managers, of the limited liability company executing the within and foregoing instrument to which this is attached, that no seal has been procured by the limited liability company; that said instrument was signed on behalf of the limited liability company by authority of its Managers and Members; and that G. Joseph Clark and Douglas J. Paul as Managers acknowledged the execution of the foregoing instrument to be the voluntary act and deed of the limited liability company, by it and by them voluntarily executed. in and for the State of Iowa *EM NBEASLSION � �R ib, � 2R (SEAL) CITY OF IOWA CITY, IOWA By: 1�� �� gzi� J es A. Throgmortoi , Mayor ATTEST: 1-2 STATE OF IOWA ) ) SS: COUNTY OF JOHNSON ) On this / day of k bomk jam" 2019, before me a Notary Public in and for said State, personally appeared James A. Throgmorton and Kellie Fruehling, to me personally known, who being duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa, a Municipality 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 Municipality, and that said instrument was signed and sealed on behalf of said Municipality 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 Municipality by it voluntarily executed. Notary Public in and fo the State of Iowa �R CHRISTINE OLNEY Commission Number 808232 * wn jry� mm's ' n Expires 2A f. Prepared by and Retum to: John E. Beasley, Phelan Tucker Law Finn, PO Box 2150, 321 E. Market St., Iowa City, IA 52244-2150,319-354-1104 STORM WATER MANAGEMENT EASEMENT TAMARACK RIDGE SUBDIVISION THIS AGREEMENT, made and entered into by and between Tamarack Ridge L.L.C., an Iowa limited liability company, and the City of Iowa City, Iowa, hereinafter referred to as "City". For the sum of One Dollar ($1.00) and other valuable consideration, the receipt of which is hereby acknowledged, Tamarack Ridge L.L.C. hereby grants to the City an easement for the purpose of constructing, reconstructing, operating and maintaining a storm water management facilities and basins over and across the areas designated "20' Storm Water Management Easement," "25' Storm Water Management," "35' Storm Water Management and Outlot A on the Final Plat of Tamarack Ridge, a Subdivision of the City of Iowa City, Iowa, and referred to herein as "easement areas". Tamarack Ridge L.L.C. further grants to the City the following rights in connection with the above easement grant: 1. The right to grade and regrade the easement areas provided that the City shall promptly reseed any areas upon which such grading or regrading has been accomplished. 2. The right from time to time to trim and cut down and clear away any and all trees and brush on said easement areas that now or hereafter, in the opinion of the City, may interfere with the natural passage of storm water through the storm water management facilities or interfere with access to any part of the storm water management facilities, provided that any damage to the storm water management facilities shall be promptly repaired by the City. 3. The right of ingress and egress over and across the easement areas for the purpose of construction or ordinary maintenance within the easement areas. 4. Tamarack Ridge L.L.C. reserves the right to use the easement areas for any purpose that will not interfere with the City's full enjoyment of the rights herein granted, provided that Tamarack Ridge L.L.C. shall not erect or construct any buildings, fences, retaining walls or other structures or obstructions on said easement areas, or add to the ground cover on said easement areas. City reserves the right to remove any improvements made within the easement areas without compensation or replacement. 115\ 5. Subject to the easement rights granted to the City, the owner of the easement areas shall keep said area free from weeds and debris and shall maintain the entire area so as to minimize erosion in and around the easement areas. This Agreement shall be interpreted with reference to the terms of the Subdivider's Agreement and Conservation Easement Agreement (covering Outlot A) for Tamarack Ridge, a Subdivision of the City of Iowa City, Iowa. 6. The City shall have the right, but not the obligation, to enforce the terms of this Easement, including, but not limited to, the right to perform emergency repairs, conduct cleaning, reconstruction or maintenance on the storm water management facilities for Tamarack Ridge, a Subdivision of the City of Iowa City, Iowa, at Tamarack Ridge L.L.C.'s expense without notice. Tamarack Ridge L.L.C. shall have the right to assign this obligation to a Homeowner's Association for Tamarack Ridge, a Subdivision of the City of Iowa City, Iowa. 7. Nothing in this Easement shall be construed to impose a requirement on the City to install the public improvements at issue herein. Tamarack Ridge L.L.C. shall not be construed to be acting as the City's agent during the original construction and installation of said improvements. The parties agree that the obligation to install said improvements shall be in accordance with City specifications. 8. After completion of the storm water detention facilities for Tamarack Ridge, a Subdivision of Iowa City, Iowa, Tamarack Ridge L.L.C. and its successors and assigns shall thereafter maintain the storm water management facilities. The maintenance shall include mowing the ground cover and keeping the storm water management facilities free of weeds and debris. The City shall have no obligation for maintenance of the storm water management facilities or the easement areas. This obligation for maintenance may be transferred and become the obligation of the Homeowners Association formed in part for this purpose. Notwithstanding anything to the contrary herein, the Owners of the real estate covered by the "20' Storm Water Management Easement," "25' Storm Water Management Easement" and "35' Storm Water Management Easement" shall keep these areas mowed and free from weeds and debris. 9. Tamarack Ridge L.L.C. hereby covenants with the City that Tamarack Ridge L.L.C. is lawfully seized and possessed of the real estate above described; that it has a good and lawful right to convey the same. 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. [SIGNATURE PAGES TO FOLLOW] 20 Dated this / day of��y.(WL 2019. STATE OF IOWA ss: COUNTY OF JOHNSON Tamarack Rid L.L.C. By: G. ose k Its: Manager By: &14 Douglas J aul Its: Manager On this J�E dayof [l) ot% 2019, before me the undersigned, a Notary Public in and for said County and State, personally appeared G. Joseph Clark and Douglas J. Paul, to me personally known who being by me duly sworn, did say that they are the Managers, of the limited liability company executing the within and foregoing instrument to which this is attached, that no seal has been procured by the limited liability company; that said instrument was signed on behalf of the limited liability company by authority of its Managers and Members; and that G. Joseph Clark and Douglas J. Paul as Managers acknowledged the execution of the foregoing instrument to be the voluntary act and deed of the limited liability company, by it and by them voluntarily executed. 2°A JOHN E.=13Commission MY COMMISOCTOBE 2°A (SEAL) ATTEST: By. 4Kee Fruehlin ' City Clerk STATE OF IOWA ) ) SS: COUNTY OF JOHNSON ) CITY OF IOWA CITY, IOWA By: Jahics A. Throgmorton, Mayor On this r9 }h day of K)0>)0- IWQ 1— 2019, before me a Notary Public in and for said State, personally appeared James A. Throgmorton and Kellie Fruehling, to me personally known, who being duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa, a Municipality 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 Municipality, and that said instrument was signed and sealed on behalf of said Municipality 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 Municipality by it voluntarily executed. A/ kz Notary Public in and for the State of Iowa ISiINE OLNEY i� �, M!ge @ion N4mber 806232 _� _ EXOM OWA" 2A Prepared by and Remm to: John E. Beasley, Phelan Tucker Law Firm, PO Box 2150, 321 E. Market St., Iowa City, ]A 52244-2150, 319-354-1104 SANITARY SEWER EASEMENT TAMARACK RIDGE SUBDIVISION THIS AGREEMENT, made and entered into by and between Tamarack Ridge L.L.C., an Iowa limited liability company, 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, Tamarack Ridge L.L.C. 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 "10' Sanitary Sewer Easement", "15' Sanitary Sewer Easement" and "20' Sanitary Sewer Easement" on the Final Plat of Tamarack Ridge, a Subdivision of the City of Iowa City, Iowa, hereafter described as "easement areas." Tamarack Ridge L.L.C. 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 indemnify Tamarack Ridge L.L.C. 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. 2R P Tamarack Ridge L.L.C. 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 Tamarack Ridge L.L.C. 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. Sidewalks and driveways may be constructed on the easement area. City reserves the right to remove any trees, buildings, fences or other structures erected within the easement areas without compensation or replacement. Tamarack Ridge L.L.C. hereby covenants with the City that Tamarack Ridge L.L.C. 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 Tamarack Ridge L.L.C. 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 Tamarack Ridge L.L.C. until completion by Tamarack Ridge L.L.C. and until acceptance by the City, as provided bylaw. 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. [SIGNATURE PAGES TO FOLLOW1 M V Dated this9 day of Nov, 2019. STATE OF IOWA ss: COUNTY OF JOHNSON Tamarack Ridge L.L.C. By G. Jose lark Its: Manager By: Douglas J. Ilaul Its: Manager On this-eday of IVdJ2Na L 1 '2019, before me the undersigned, a Notary Public in and for said County and State, personally appeared G. Joseph Clark and Douglas J. Paul, to me personally known who being by me duly sworn, did say that they are the Managers, of the limited liability company executing the within and foregoing instrument to which this is attached, that no seal has been procured by the limited liability company; that said instrument was signed on behalf of the limited liability company by authority of its Managers and Members; and that G. Joseph Clark and Douglas J. Paul as Managers acknowledged the execution of the foregoing instrument to be the voluntary act and deed of the limited liability company, by it and by them voluntarily executed. n . n Public in WAW Zq (SEAL) CITY OF IOWA CITY, IOWA By: 4 JarKes A. Throgmorton, Mayor 1:111711 D39 STATE OF IOWA ) ) SS: COUNTY OF JOHNSON ) On this I QJ -h day of %bL)D-mkD r , 2019, before me a Notary Public in and for said State, personally appeared James A. Throgmorton and Kellie Fruehling, to me personally known, who being duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa, a Municipality 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 Municipality, and that said instrument was signed and sealed on behalf of said Municipality by authority and resolution ofits City Council, and said Mayor and City Clerk acknowledged said instrument to be the free act and deed of said Municipality by it voluntarily executed. ����, Notary Public in and SAC State of Iowa CHRISTINE OLNEY Commission Number 806232 y i My Commission Expires 2R Prepared by and Rehm to: John E. Beasley, Phelan Tucker Law Firm, PO Box 2150, 321 E. Market SL, Iowa Ciry, 1A 52244-2150, 319-354-1104 SUBDIVIDER'S AGREEMENT TAMARACK RIDGE SUBDIVISION THIS AGREEMENT made by and between Tamarack Ridge L.L.C., an Iowa limited liability company, and the CITY OF IOWA CITY, IOWA, a municipal corporation (hereinafter the "City"). Section 1. Subdivision Public Improvements. In consideration of the City approving the Final Plat of Tamarack Ridge, a Subdivision of the City of Iowa City, Iowa, (hereinafter "Subdivision"), Tamarack Ridge L.L.C. agrees as follows: That the City shall not issue a building permit on any of the lots in the Subdivision unless and until concrete paving at least 26 feet in width on Tamarack Trail and Buckle Down Circle, water mains, sanitary sewers, drainage ways, and storm sewers, hereinafter "Public Improvements", have been installed in the Subdivision as required by the City's Subdivision Ordinance, and until said Public Improvements have been accepted by the City. Nor shall the City issue a building permit until subdivision erosion control measures have been installed as required by City ordinance. Furthermore, no building permit shall be issued until the location and species of tree(s) required pursuant to the Conditional Zoning Agreement described in Section 12 herein has been approved by the City in accordance therewith. 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 Tamarack Ridge L.L.C. be deemed acting as the City's agent during the original construction and installation of said public improvements. The parties agree that the obligation to install the public improvements herein shall be in accordance with City specifications, and the obligation shall remain with Tamarack Ridge L.L.C. and a lien on the various lots in the Subdivision until completion by Tamarack Ridge L.L.C., and until acceptance by the City, as by law provided. Section 2. Storm Water Management. Tamarack Ridge L.L.C. shall install and maintain storm water management facilities and basins on this development and as shown in the Final Plat. Tamarack Ridge L.L.C. is responsible to install and maintain storm sewers and drainage swales, which together will transport and convey the peak rate of runoff generated from a 100 -year return frequency storm through the development. `%q In consideration of the City approving the subdivision, Tamarack Ridge L.L.C. agrees as a covenant running with the land that, except as provided in this Agreement, the City need not issue a building permit for any lot in the Subdivision until the Storm Water Management Basins and Facilities ("Facilities"), including the site work incident thereto, and the associated storm sewers and drainage swales, the easements for which are shown on the Final Plat filed herewith, have been installed by the Tamarack Ridge L.L.C.. Tamarack Ridge L.L.C. agrees that the duty to maintain the Facilities shall remain on Tamarack Ridge L.L.C., the present owner of the Facilities, and their successors and assigns in interest, including a not for profit owners association formed in part for that purpose. Said maintenance shall comply with the City's Storm Water Management Ordinance, Title 16, Chapter 3, Article G, as amended. Section 3. Construction of Improvements. All improvements described in Section 1 and Section 2 of this Agreement shall be constructed and installed by Tamarack Ridge L.L.C. according to the plans and specifications approved by the City, with inspections by the City Engineer or designate. Said inspections shall consist of occasional inspection of the work in progress, but shall not relieve or release Tamarack Ridge L.L.C. from its responsibility to construct said improvements pursuant to said plans and specifications. Further, said inspections shall not create a duty or obligation on the part of the City to insure said improvements are constructed in accord with the approved plans and specifications. Section 4. Building Permits and Escrow Monies. In the event Tamarack Ridge L.L.C., should desire a building permit on any lot in the Subdivision before the Public Improvements and Facilities have been installed and accepted by the City, Tamarack Ridge L.L.C., shall deposit with the City Clerk, in escrow, an amount equal to 110% of the cost of constructing said Public Improvements and Facilities as determined by the City Engineer. (hereinafter "Improvements Escrow") In addition to the escrow provided above, 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 Subdivision, that Tamarack Ridge L.L.C. deposit in escrow with the City the sum of $2,000.00 to cover the past or anticipated future cost of cleaning public streets, storm sewers, gutters or catch basins, the cleaning of which may be necessitated as a result of erosion from any lot in the subdivision. The unused balance of the erosion cleanup escrow established herein shall be returned to Tamarack Ridge L.L.C. after erosion control measures have been installed, and ground cover has been established by growth. If the escrow is insufficient to pay the costs incurred, Tamarack Ridge L.L.C. shall promptly reimburse the City for the excess costs incurred. Tamarack Ridge L.L.C. shall be responsible for the cost of such cleaning and to the extent that Tamarack Ridge L.L.C. fails to accomplish cleanup after reasonable notice from the City, the City is hereby authorized to do such work and to charge the cost thereof to the erosion cleanup escrow established; provided that nothing herein shall be construed as requiring the City to do such cleanup. When the foregoing escrow funds have been deposited, the Building Inspector of the City is authorized to issue a building'permit, provided that the applicant is in compliance with all other requirements and ordinances of the City. -2- 2n Section 5. Sidewalks. Tamarack Ridge L.L.C. agrees to install sidewalks adjacent to the streets and abutting each of the lots in said Subdivision along Tamarack Trail and Buckle Down Circle. Each sidewalk shall be at least five (5) feet in width according to the plans and specifications approved by the City Engineer of the City of Iowa City, Iowa. The sidewalks shall be installed in the Subdivision covered by this agreement as required by the Iowa City City Code, and shall remain a lien on each of the lots until installed and released by the City, and the release duly recorded in the Johnson County Recorder's Office. Section 6. Occupancy Permit. Prior to the issuance of an occupancy permit for any structure for which a building permit was issued pursuant to the escrow provisions of Section 4 hereof, the City in its discretion may require Tamarack Ridge L.L.C., to construct and install such Public Improvements and Facilities. Prior to the issuance of an occupancy permit for each structure, or as otherwise allowed under the terms of the Conditional Zoning Agreement recorded in Book 5959, Page 605-613 of the Johnson County, Iowa Recorder's Office, all trees required therein shall be planted in accordance with the approved landscape plan. Section 7. Use of Escrow Monies. If, after the issuance of an occupancy permit, the Public Improvements and Facilities have not been constructed and installed, the City may use funds deposited in the Improvements Escrow to construct and install such improvements. Should the cost of the construction and installation of improvements exceed the amount of said escrow, the City shall have a lien and charge against all the lots in the Subdivision. The City shall refund to the depositor any escrow monies not used by the City after the construction, installation and acceptance of such improvements. Section 8. Waiver. In the event Tamarack Ridge L.L.C., its assigns or successors in interest, should sell or convey lots in the Subdivision without having constructed or installed the Public Improvements or sidewalks, the City shall have the right to install and construct said public improvements. The costs of said Public Improvements and Facilities shall be a lien and charge against all the lots adjacent to or in front of which improvements are made and any lots which may be assessed for improvements under the provisions of Chapter 384 of the 2019 Code of Iowa, as amended. The cost of such improvements need not meet the requirements of notice, benefit or value as provided by the laws of the State of Iowa for assessing such improvements. It is further agreed that the requirement to construct said public is and shall remain a lien from date of execution and recording of this agreement until properly released, as hereinafter provided. Section 9. Release of Liens for Public Improvements. The City agrees to release the various liens created by this agreement on the following terms and conditions: BE 'A A. Lien for Public Improvements Other Than Storm Water Management Facilities and Sidewalks. At such time as the Public Improvements required by Section lof this Agreement have been installed and accepted by the City, the City will issue a general release of this agreement except for liens relating to storm water management facilities and sidewalks. B. Storm Water Management Facility Release. With respect to Tamarack Ridge L.L.C.'s obligation to construct the Storm Water Management Facilities in connection with the Subdivision, the City agrees to provide a partial release from any liens or clouds on title to the Subdivision by reason of such storm water management obligations, provided the City Engineer certifies that the following conditions and/or events have occurred. (1) The facilities have been substantially completed on that portion of the development to be released. (2) An escrow account has been established with the City in an amount not less than $5,000.00 per basin to which the City's lien should attach immediately upon execution or recording of the partial release. The City agrees to issue a total release for the storm water management facilities upon certification by the City Engineer, in writing, that all of the following events and/or conditions have been satisfactorily completed: (1) Permanent ground cover is established and mowable. (2) Erosion and sedimentation are controlled in conformance with the approved plans and specifications. (3) All land within the tributary area in the development has been developed. (4) The facility is complete. (5) A topographic survey has been performed and it has been verified that the detention basins have the required storage capacity. C. Lien for Sidewalks. At such time as the installation of the sidewalk on each individual lot has been completed as required by Section 5 of this Agreement and an inspection has been requested, the City will cause a sidewalk inspection to be made. Provided the sidewalk has been installed according to City specifications, the City will issue sidewalk releases on a lot by lot basis. D. Execution of Releases. M 2� The City Manager or Designee is hereby authorized to execute the Releases required by this Section with the concurrence of the City Engineer and City Attorney. Section 10. Neighborhood Open Space. Tamarack Ridge L.L.C. also agrees to pay the City a fee in lieu of .79 acres. This fee is based on land dedication for neighborhood open space pursuant to the provisions of Section 14-5K of the Iowa City Code of Ordinances, which fee shall be paid prior to the issuance of building permits for lots within the Subdivision. The parties agree that said fee shall be $25,916.00. This fee is determined on a price of $32,805.00/acre. This fee shall be deposited and administrated according to Section 14-5K of the Iowa City Code of Ordinances, as amended. Section 11. Street Maintenance. It is further provided that the Subdivider and its assigns and successors in interest agree that public services, including but not limited to street maintenance, traffic control, snow removal, rubbish and garbage collection, need not be extended in the Subdivision until the pavement on Tamarack Trail and Buckle Down Circle as shown on the Final Plat of Tamarack Ridge is installed and accepted by the City. Section 12. Miscellaneous. A. Minimum Low Openings: Construction on Lots 1, 2, 3, 19, 20, 23, 24, 25, 31, 32, 33, 34, 48, 49, 50, 54, 55, 56 and 57 within the Subdivision shall comply with the "Minimum Low Opening Elevation Table" as found in the latest revision of the "Grading and Drainage Plan" for the Subdivision on file in the City Engineer's Office. B. Water Main Extension Fee. The City shall not issue a building permit for any lot in the Subdivision until such time as Tamarack Ridge L.L.C. has paid the City a water main connection fee in the amount of $17,543.40 (36.58 acres x $479.59 per acre). C. Sensitive Areas. Portions of Outlot A, portions of Lots 4-7, portions of Lots I 1-18 and portions of Lots 48-60 as designated and shown on the Final Plat of the Subdivision contain "sensitive areas", as defined by the Iowa City Code of Ordinances, including critical and protected slopes and woodlands. A preliminary Sensitive Areas Plan for the sensitive areas was approved by the City of September 17, 2019 pursuant to Resolution 19-238. In addition, Subdivider and City have entered into a Conservation Easement that covers the sensitive areas. Outlot A shall be conveyed to and owned by a Homeowner's Association for the Subdivision. The Homeowner's Association shall be responsible for maintenance and other obligations under the Conservation Easement for the portions of Outlot A covered by the Conservation Easement. In addition, each Owner(s) of Lots 4-7, portions of Lots 11-18 and Lots 48-60 shall be responsible for maintenance and other obligations for said Owner's Lot under the Conservation Easement. D. Outlots A, B and C. As noted above, Outlot A contains sensitive areas, as determined by the Iowa City Code of Ordinances, including critical and protected slopes and -5- 2q woodlands, and is subject to a Conservation Easement between Tamarack Ridge L.L.C. and the City. In addition, Outlet A shall contain storrnwater management facilities and basins as required by Section 2 herein. Outlot A shall be conveyed to and owned by a Homeowners Association for the subdivision. Outlot A shall be maintained by the Homeowners Association for the Subdivision. Outlots B and C shall be conveyed and owned by a Homeowners Association for the subdivision and shall be used only for "mailbox clusters" serving the Lot Owners within the subdivision pursuant Iowa City City Code. The Homeowner's Association shall be responsible for maintaining Outlets A, B and C, including mailbox clusters. E. Utilities. All electrical, telephone, fiber optic, and cable television service and distribution lines shall be installed underground. F. Plat Notes. Plat notes and surveyor's notes on plats serve to provide notice of how a subdivision is expected to develop. Said notes are not intended to create any bested private interest in any stated 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. G. Green Space. Tamarack Ridge L.L.C. shall be responsible for maintaining the green space within the Tamarack Trail traffic circle green space and Buckle Down Circle cul- de-sac green space. Tamarack Ridge shall be permitted to assign/transfer these obligations to a Homeowner's Association for the Subdivision. H. Lot 34 and Lot 35. Lot 34 and Lot 35 shall not have direct vehicular access to or from N. Scott Blvd. Any structures constructed on Lot 34 and 35 shall have a minimum forty (40) foot set back from N. Scott Blvd. as set out in City of Iowa City, Iowa Ordinance 14 -2A -4B -3A. I. Conditional Zoning Agreement. The Subdivision is subject to a Conditional Zoning Agreement between Tamarack Ridge L.L.C., Monument Farms LLC and the City recorded in Book 5959, Page 605-613 in the records of Johnson County, Iowa Recorder's Office. Tamarack Ridge L.L.C. shall comply with said Conditional Zoning Agreement, including Paragraph 3.b., which provides the following: Owner shall develop a landscaping plan that identifies the location and species of 75 right-of-way trees to be planted by Owner or its successor(s) in interest along Tamarack Trail. Said trees shall be planted prior to issuance of a certificate of occupancy for each lot, or, if said certificate of occupancy is issued during a poor planting season, by May 31, following issuance of the certificate of occupancy. Said landscaping plan shall be approved by the City Forestry Division prior to the approval of any final plat subdividing any of the above described real estate. Said landscaping plan shall include a diverse mix of trees planted generally 30' apart, though M 715� the City recognizes that exact locations may vary depending on driveway locations, signage and other utility conflicts. Final location and species of the trees shall be approved on a lot -by -lot basis prior to issuance of a building permit for each lot. Subdivider will take all efforts necessary to ensure that no construction vehicles enter or exit the subdivision through or across Tamarack Trail during the construction of the Public Improvements. Section 13. BindingEffect. ffect. This agreement shall be binding on the parties hereto as well as their successors and assigns and shall be construed as a covenant running with the title to the various lots within the Subdivision. -7- Dated this 6� day of jk4Jg K Ate/ 2019 STATE OF IOWA ss: COUNTY OF JOHNSON Tamarack Ridae L.L.C. By: U. Josap ark Its: Manager By: Douglas J(/Paul Its: Manager This record was acknowledged before me on Nyuew.L4 Is 2019 by G. Joseph Clark and Douglas J. Paul as Managers of Tamarack Ridge, L.L.C. TWO JOHN E. BEASLEY Notay Public in at for the State of Iowa Commis:sion Number 162586/ MY COMMISSION EX RES OCTOBER 16, 2021 8 - ZR (SEAL) ATTEST: By: 11L'4gdL Kelli6 Fruebling, ity Clerk 1 STATE OF IOWA ) ) SS: COUNTY OF JOHNSON ) CITY OF IOWA CITY, IOWA By: 4= v Jaifies A. Throgmorton, N ayor This instrument was acknowledged before me on OOL)Q fW6 r / Q ��-) , 2019 by Jim Throgmorton and Kellie Fruehline as Mayor and City Clerk, respectively, of the City of Iowa City. Public in and for the Mate of Iowa CHR; STINE OLNEY rmmission Number 806232 Prepared by and Return to: John E. Beasley, Phelan Tucker Law LLP, P.O. Box 2150, Iowa City, IA 52244-2150, 319-354-1104 CONSERVATION EASEMENT TAMARACK RIDGE SUBDIVISION THIS AGREEMENT, made and entered into by and between Tamarack Ridge L.L.C. (Subdivider), which expression shall include its successors in interest and assigns, and the City of Iowa City, Iowa (the City), which expression shall include its successors in interest and assigns. WHEREAS, Subdivider is the owner of certain real estate within the Tamarack Ridge Subdivision containing sensitive areas, as defined by the Iowa City Code of Ordinances, including critical and protected slopes, and woodlands; and WHEREAS, a Preliminary Sensitive Areas Development Plan ("Plan") for said real estate was approved by the City on September 17, 2019 pursuant to Resolution 19-238; and WHEREAS, in accordance with the Plan and the Iowa City Sensitive Areas Ordinance, Subdivider must establish a conservation easement over certain real estate within this subdivision to mitigate the impact of development on the sensitive features; and WHEREAS, Subdivider must also perform certain management and maintenance obligations over said conservation easement area. 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 Tamarack Ridge Subdivision, hereinafter described as "easement area". Specifically, the Conservation Easement covers portions of Outlot A, portions of Lots 4- 7 , portions of Lots 11-18,and portions of Lots 48-60 as shown on the Final Plat of Tamarack Ridge Subdivision. The real estate covered by the Conservation Easement shall be referred to herein as "easement area". 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 vq -2 - to enter upon the easement area and perform any work reasonably necessary to effectuate these rights: (a) To preserve, protect, and maintain the easement area consistent with this Conservation Easement. (b) To enter upon the easement area at reasonable times in order to monitor compliance with the terms of this Conservation Easement. (c) To prevent any activity on or use of the easement area that is inconsistent with purposes of this Conservation Easement, and to require the restoration of such easement area or features of the easement area that may be damaged by any inconsistent activity or use pursuant to this Conservation Easement. (d) The City shall have the right of ingress and egress to the portions of Outlot A, the portions of of Lots 4-7 and the portions of Lots 11-18 covered by the Conservation Easement across Outlot A. (e) The City shall have the right of ingress and egress to the portions of Lots 48- 60 covered by the Conservation Easement across the real estate designated as "20' Storm Sewer Easement" on Lots 49 and 50 as shown on the Final Plat of Tamarack Ridge Subdivision. 2. Permitted Uses of the Easement Area. Subdivider reserves to itself, its successors in interest(s) 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 Conservation 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; and (d) Storm water management, as required by the Iowa City Code of Ordinances, and the subdivider's agreement and storm water management easement agreement executed for this subdivision contemporaneously herewith. In the event that Subdivider, or its successor(s) in interest, 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, or its successor(s) in interest, shall notify the City in writing not less than thirty (30) days prior to the date Subdivider, or successor(s) in interest, 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 Conservation Easement. 3. Prohibited Uses of the Property. Any activity on or use of the easement area inconsistent with the purposes of this Conservation Easement is prohibited. It shall be the ZA -3 - responsibility of the Subdivider, its successors in interest 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; (d) Any exploitation of mineral resources, by either subsurface or surface means; (e) Agricultural practices, including but 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 plant diseases is allowed including the removal of diseased plants with prior written 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. The Homeowner's Association for the Subdivision shall be responsible for maintenance and other obligations under the Conservation Easement for the portions of Outlot A covered by the Conservation Easement. In addition, each Owner(s) of Lots 4-7, Lots 11-18 and Lots 48-60 shall be responsible for maintenance and other obligations under the Conservation Easement for said Owner's Lot. In the event that Subdivider, or its successor(s) in interest, fails to maintain the easement area in accordance with this Conservation Easement, the City is hereby Z9k M authorized but not obligated to do the work and to charge the cost thereof to the Subdivider, or its successor(s) in interest. 5. Subdivider does hereby covenant with the City that it is lawfully seized and possessed of the real estate covered by this Conservation Easement, and Subdivider has good and lawful right to convey it, or any part thereof. 6. Nothing in this Conservation Easement shall be construed to impose an obligation on the City to exercise any of its rights under this Conservation Easement or perform any maintenance or monitoring of the easement area, which obligation shall remain on the Subdivider or its successor in interest. 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 title to the land. 10 -5 - Dated this day of�[w'� 2019. STATE OF IOWA ss: COUNTY OF JOHNSON Tamarack Ridge L.L.C. By: Clark Its: Manager By: / Douglas J. faul Its: Manager On this � day of VOUC44-A-1 , 2019, before me the undersigned, a Notary Public in and for said County and State, personally appeared G. Joseph Clark and Douglas J. Paul, to me personally known who being by me duly sworn, did say that they are the Managers, of the limited liability company executing the within and foregoing instrument to which this is attached, that no seal has been procured by the limited liability company; that said instrument was signed on behalf of the limited liability company by authority of its Managers and Members; and that G. Joseph Clark and Douglas J. Paul as Managers acknowledged the execution of the foregoing instrument to be the voluntary act and deed of the limited liability company, by it and by them voluntarily executed. Public in and fod the State of Iowa JOHN E. BEASLEY * * Commission Number 762595 nn MY COMMISSION D PiRES OCTOBEq 15. 2021 �1 (SEAL) ATTEST: By: o i Kellie Fruehlin City Clerk STATE OF IOWA ) ) SS: COUNTY OF JOHNSON ) CITY OF IOWA CIITTY, IOWA By: v Janes A. Throgmorton, Mayor On this I FY) day of NoL)iemb-e i , 2019, before me a Notary Public in and for said State, personally appeared James A. Throgmorton and Kellie Fruehling, to me personally known, who being duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa, a Municipality 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 Municipality, and that said instrument was signed and sealed on behalf of said Municipality 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 Municipality by it voluntarily executed. Notary Public in and fo e State of Iowa l INS OLNEY z" Comm scion Numpv 808232 M Commission Expims io1vn 'S TR BK5991 STATE OF IOWA ) SS JOHNSON COUNTY )19 at 01:11:02 PM ige 1 of 17 is I Recorder a r A0�® IIIt�NlpX Ph 4a CRY of VTAP% C� I, Kellie K. Fruebling, City Clerk of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of Ordinance No.19-4814 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 17th day of December, 2019, is a true and correct copy, all as the same appears of record in my office. Dated at Iowa City, Iowa, this 19th day of December 2019. Kellie K. Fruehling . City Clerk \ord 410 EAST WASHINGTON STREET • IOWA CITY, IOWA 52240-1826 • (319) 356-5000 • FAX (319) 356-5009 NJ I0.e Prepared by: Jesi Ule, Associate Planner, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5230 (REZ19-11) Ordinance No. 19-4814 An ordinance conditionally rezoning approximately 1.15 acres of land located at the northeast corner of S. Gilbert Street and Highland Avenue, from Intensive Commercial (CI -1) to Riverfront Crossings — South Gilbert (RFC -SG). (REZ19-11) Whereas, the applicant, Kum & Go, LLC, has requested a rezoning of property located at the northeast corner of S. Gilbert Street and Highland Avenue, from Intensive Commercial (CI -1) to Riverfront Crossings - South Gilbert (RFC -SG); and Whereas, the Riverfront Crossings Master Plan has designated this area for Riverfront Crossings - South Gilbert subdistrict; and Whereas, the Planning and Zoning Commission has reviewed the proposed rezoning and determined that it complies with the Riverfront Crossings Master Plan provided that it meets conditions regarding closing access points along S. Gilbert Street and reducing the number of access points along Highland Avenue to one, as well as the dedication of additional right-of-way; and Whereas, Iowa Code §414.5 (2019) 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, areas of public need will be met by the acceptance of this ordinance, including traffic calming, vehicle safety, and creating a more pedestrian friendly environment; and Whereas, the owners 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 to Riverfront Crossings - South Gilbert (RFC -SG) The west 115 feet of out lot 1 in cook, Sargent and Downey's addition to Iowa city, Iowa, according to the plat thereof recorded in book 16, page 84, deed records of Johnson county, Iowa, excepting therefrom the south 30 feet thereof and further excepting the following tract: beginning at the northwest corner of said out lot 1, thence east 5 feet along the south line of third street; thence south parallel to the west line of said out lot 1, 115.38 feet; thence southerly in a straight line to a point 13 feet east of the west line of said out lot 1 and 16 feet north of the north line of Highland avenue; thence southeasterly on a straight line between said point and a point on the north line of highland drive 25 feet east of the west line of out lot 1 to a point 6.59 feet northwesterly along said line from the point on the north line of highland avenue 25 feet easterly from the west line of out lot 1; thence southeasterly 28.96 feet in a straight line to a point on the north line of highland avenue 49.29 feet east of the west line of out lot 1; thence west 49.29 feet along the north line of Highland avenue; thence north 182 feet along the west line of out lot 1 to the point of beginning. Section II. Zoning Map. The building official is hereby authorized and directed to change the zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval and publication of the ordinance as approved by law. 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. 3D Ordinance No. 1 9-481 4 Page 2 Section IV. Certification And Recording. Upon passage and approval of the Ordinance, the City Clerk is hereby authorized and directed to certify a copy of this ordinance, and record the same in the Office of the County Recorder, Johnson County, Iowa, at the Owner's expense, upon the final passage, approval and publication of this ordinance, as provided 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 17thdayof December 2019 Attest: City Clerk Approved by City Attorneys Office It 12-10 b ol COR OM11 iAI 30 Ordinance No. 19-4814 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: Cole Mims Salih Taylor Teague Thomas Throgmorton First Consideration 12/03/2019 Voteforpassage: AYES: Mims, Salih, Taylor, Teague, Thomas, Throgmorton, Cole. NAYS: None. ABSENT: None. Second Consideration _ Vote for passage: Date published 12/26/2019 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, Thomas, Throgmorton, Cole, MimE§7,,Salih. NAYS: None. ABSENT: None. 3° Prepared by: Jesi Lile, Associate Planner, 410 E. Washington, Iowa City, IA 52240 (319) 356-5230 (REZ19-11) Conditional Zoning Agreement This agreement is made between the City of Iowa City, Iowa, a municipal corporation (hereinafter "City"), and Kum & Go, LLC, McDonough Structures Inc., Kam Properties, LLC, and GKLZ, LLC (hereinafter collectively referred to as "Owners"), and Kum & Go, LLC (hereinafter "Applicant"). Whereas, Owners are the collective legal title holders of approximately 1.15 acres of property located at the northeast corner of S. Gilbert Street and Highland Avenue. Whereas, the Owners and applicant have requested a rezoning of said property from Intensive Commercial (CI -1) to Riverfront Crossings — South Gilbert (RFC -SG); and Whereas, this rezoning creates public needs related to vehicle and pedestrian safety and improvements of S. Gilbert Street; and Whereas, the Planning and Zoning Commission has determined that, with reasonable conditions regarding satisfaction of these public needs through the provision of additional right- of-way on S. Gilbert Street, access closures along S. Gilbert Street and the limitation of one access point on Highland Ave. the requested zoning is consistent with the Comprehensive Plan; and Whereas, Iowa Code §414.5 (2019) provides that the City of Iowa City may impose reasonable conditions on granting a rezoning request, over and above existing regulations, in order to satisfy public needs caused by the requested change; and Whereas, the Owners and Applicant agree to develop this property in accordance with the terms and conditions of this Conditional Zoning Agreement. Now, therefore, in consideration of the mutual promises contained herein, the parties agree as follows: 1. Kum & Go, LLC, McDonough Structures Inc., Kam Properties, LLC, and GKLZ, LLC are the collective legal title holders of the property legally described as: The west 115 feet of out lot 1 in cook, Sargent and Downey's addition to Iowa city, Iowa, according to the plat thereof recorded in book 16, page 84, deed records of Johnson county, Iowa, excepting therefrom the south 30 feet thereof and further excepting the following tract: beginning at the northwest corner of said out lot 1, thence east 5 feet along the south line of third street; thence south parallel to the west line of said out lot 1, 115.38 feet; thence southerly in a straight line to a point 13 feet east of the west line of said out lot 1 and 16 feet north of the north line of Highland avenue; thence southeasterly on a straight line between said point and a point on the north line of highland drive 25 feet east of the west line of out lot 1 to a point 6.59 feet northwesterly along said line from the point on the north line of highland avenue 25 feet easterly from the west line of out lot 1; thence southeasterly 28.96 feet in a straight line to a point on the north line of highland avenue 49.29 feet east of the west line of out lot 1; thence west 49.29 feet along the north line of Highland avenue; thence north 182 feet along the west line of out lot 1 to the point of beginning. 2. The Owners and Applicant acknowledge that the City wishes to ensure conformance to the principles of the Comprehensive Plan and the Riverfront Crossings Master Plan. Further, the parties acknowledge that Iowa Code §414.5 (2019) 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 and Applicant agree that development of the subject property will conform to all other requirements of the Zoning Code, as well as the following conditions: a. Upon redevelopment, there shall be no vehicular access to South Gilbert Street and only one vehicular access point to Highland Avenue, the exact location of which will be determined at the time of site plan review. b. Prior to issuance of a building permit, Owners shall dedicate to the City, with no compensation to the Owners, right-of-way along S. Gilbert Street, Highland Ave, and E. 3'" Street as generally shown on Exhibit A attached hereto, the exact area of which will be determined upon review and approval of a site plan for any portion of the above described property. The form of dedication shall be a warranty deed. 4. The Owners and Applicant, and City acknowledge that the conditions contained herein are reasonable conditions to impose on the land under Iowa Code §414.5 (2019), and that said conditions satisfy public needs that are caused by the requested zoning change. 5. The Owners 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 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. S. 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. 2 Dated this 17thday of December '2019. City of Iowa City Kum & Go, LLC JIM Throgmorton, Mayor*'By: Attest: _ McDonough tr Kel eFruehling, Cly Clerk By: Kam Propertie$ Al[ A[ o.,.. Approved by: City Attorney's Office A Inc 3 �3U Dated this day of , 20_. City of Iowa City Jim Throgmorton, Mayor Attest: Kellie Fruehling, City Clerk Approved by: City Attorney's Office �MUIR Mi / / McDonough Structures Inc Kam Properties, LLC GKLZ, LLC 0 30 Dated this day of 20_. City of Iowa City Jim Throgmorton, Mayor Attest: Kellie Fruehling, City Clerk Approved by: Attomey's Office Kum & Go, LLC 13 McDonou h Structures Inc By: Kam Properties, LLC 21 GKLZ, LLC in Dated this day of , 20_ City of Iowa City Kum & Go, LLC Jim Throgmorton, Mayor By: Attest: McDonough Structures Inc Kellie Fruehling, City Clerk By: Kam Properties, LLC GKLZ, LLC M Approved by: City Attorney's Office 50 Dated this day of 20_ City of Iowa City Kum & Go, LLC Jim Throgmorton, Mayor By: Attest: McDonough Structures Inc Kellie Fruehling, City Clerk By: Kam Properties, LLC 0 Approved by: City Attorney's Office MAN City Of Iowa City Acknowledgement: State of Iowa ) ) ss: Johnson County ) This instrument was acknowledged before me on '."AC"be 20-1 by Jim Throgmorton and Kellie Fruehling as Mayor and City Clerk, respectively, of the City of Iowa City. otary Public in an for tate of Iowa (Stamp or Seal) Title (and Rank) c~� CHRISTINE OLNEY = k" Commission Number 606232 + + My Commission Expires W J 3a Kum & Go, LLC Acknowledgement: State of i o A County of r."ue This record was acknowledged before me on N% o ) 12- , 2019 by 3arer.� A,.oneasse� (Name(s)ofindividual(s)as ss..•-. r,rm (type of authority, such as officer or trustee) of Kum & Go, LLC. A"A,. q Yr Notary Public in and for the State of Iowa (Stamp or Seal) a ROBERT R FIEBIC III " Commission Number 803913 ►H Commission Expiros Title (and Rank) R April 14, 2020 i My commission expires: g I t J. I to 5 3C7 McDonough Structures Inc. Acknowledgement State of County of o This record was acknowledged before me on /f/270• 2019 by (Name(s) of individual(s) as Reee,^je„d- (type of authority, such as officer or trustee) of McDonpAh Structures Inp Notary Public in and for4he-8tate-ofi1ow-a-----.) LPa �c a SHAWN R CONLEY (Stamp or Seal) o Commission Number 792462 Ny Commission Fxpires Title (and Rank) My commission expires: 1d-6 .ado?j ,3O Kam Properties, LLC Acknowledgement: State of -jk— County of ,t a N Ns A j This record was acknowledged before me on ( ZZ 1 ( 'A , 2019 by IGISTWE I Fc) o h2(,\ (Name(s) of individ al(s) hs A(rtt' k +- FMBE 1 JA (type of authority, such as officer or trustee) of Kam Properties, LLC. HJA. p NOELLE M PARSONS Com WWW Number 782565 i vxr my WwAssebruuy7, 20* s IC Notary Public in and for the State of Iowa (Stamp or Seal) Title (and Rank) My commission expires: a GKLZ, LLC Acknowledgement: State of towA County of SOHNsr)N This record was acknowledged before me on November 25 2019 by Lisa Ziniel and Greg Kaltenheuser (Name(s) of individual(s) as Members (type of auth rity, such as officer or trustee) of GKLZ, LLC. Notary Public m -501 -for the State of Iowa (Stamp or Seal) Title (and Rank) l My commission expires: Z Z l DZ C— f 00,9 .01 11 7 111 , IUIIIIIIiUlllllll{IIIIIIIIIIIIIIIIIIIIUIIIIIIIIIIIIIIIIIUIIII{Illillllll !Doe ID: 027579450014 Type: GEN 'Kind: RESOLUTION: - ---- - Recorded: 12/23/2019 at 02:23:52 PM Fee Amt: $72.00 Pape 1 of 14 Johnson County Iowa Kim Painter County Recorder BK5992 PG770-783 STATE OF IOWA ) ) SS JOHNSON COUNTY ) r 1 ,�1r"Ill�p� I City of o�W CS 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.19-279 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 3rd day of December 2019, all as the same appears of record in my office. Dated at Iowa City, Iowa, this 6th day of December 2019. a,�- 69ds'" Kellie K. Fruehling City Clerk fires 410 EAST WASHINGTON STREET • IOWA CITY, IOWA 52240-1826 • (319) 356-5000 9 FAX (319) 356-5009 M Prepared by: Sara Greenwood Hektoen, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240, 356-5030 Resolution No. 19-279 Resolution accepting the dedication of sanitary and storm sewer easements from the Iowa City Community School District over and across portions of Chautauqua Heights, Block 6, Iowa City, Iowa. Whereas, the City has sanitary and storm sewers that run through portions of the Lincoln Elementary School real estate legally described as Chautauqua Heights, Block 6, Iowa City, Iowa, owned by the Iowa City Community School District ("Owner'); Whereas, Owner recently completed the Lincoln Elementary School Renovation and Addition Project, which necessitated a portion of the storm sewer be removed and replaced in a new alignment; Whereas, during Staff review of construction plans for the Project, it was discovered that easements were needed for the City's existing sanitary and storm sewers, and the realigned storm sewer; Whereas, Owner has agreed to dedicate the necessary easements to the City and enter into agreements for the same; and Whereas, it is in the public interest to accept the dedication of said easements. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that: 1. Acceptance of the above -referenced sanitary and storm easements, in forms approved by the City Attorney's Office, is hereby approved and authorized. 2. Upon direction of the City Attorney, the Mayor is authorized to sign and the City Clerk to attest any and all documentation necessary to effectuate the acceptance of said easements and to record the same at Owners' expense. Passed and approved this 3rd day of De ember d19. Ma or I A r ved b CORDO ppb y I Ifl TE SEAL ATTEST: City Clerk , w r a sr�s sw� Attorney's Office 3A Resolution No. 19-279 Page 2 It was moved by aims and seconded by Salih Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Cole Mims Salih Taylor Teague Thomas Throgmorton the CJI Prepared by and rehum to: C Joseph Holland Ste 300 123 N Linn St Iowa City, IA 52245 (319)-354-0331 SANITARY SEWER EASEMENT AGREEMENT THIS AGREEMENT, made and entered into by and between the Iowa City Community School District (Owner), which expression shall include successors in interest and assigns, and the City of Iowa City, Iowa (City), which expression shall include its successors in interest and assigns. WITNESSETH: It is hereby agreed as follows: For the sum of $1.00 plus other valuable consideration, the receipt of which is hereby acknowledged, Owner hereby grants and conveys to City an easement for the purposes of excavating for and the installation, replacement, maintenance and use of such sewage lines, pipes, mains, and conduits as City shall from time to time elect for conveying sewage, with all necessary appliances and fittings, for the use in connection with said pipe lines, together with adequate protection therefor, and also a right of way, with the right of ingress and egress thereto, over and across the area designated as "Permanent Sanitary Sewer Easement" as shown on the two attached Easement Plats and referred to herein as "Easement Area." Owner further grants to City: 1. The right of grading said Easement Area for the full width thereof, and to extend the cuts and fills for such grading into and onto said lands along and outside of the said Easement Area to such extent as City may find reasonably necessary. 2. The right from time to time to trim, cut down and clear away any and all trees and brush on said Easement Area and also to trim, cut down and clear away any trees on either side of said Easement Area which now or hereafter in the opinion of City may be a hazard to said Easement Area, or which may interfere with the exercise of City's rights hereunder in any manner. City shall promptly backfill any trench made by it, and repair any damages caused by City within the easement area. City shall indemnify Owner against unreasonable loss or damage which may occur in the negligent exercise of the easement rights by City. Except as expressly provided herein, City shall have no responsibility for maintaining the 31 easement area. Owner reserves the right to use said Easement Area for purposes which will not interfere with City's full enjoyment of the rights hereby granted; provided that the Owner shall not erect or construct any building, fence, retaining wall, or other structure, plant any trees, drill or operate any well, or construct any reservoir or other obstruction on said area, or diminish or substantially add to the ground cover over said Easement Area. Any such improvement installed within the easement area, with or without City approval, may be removed by City without compensation or replacement. Owner does hereby covenant with City that it is lawfully seized and possessed of the real estate above described, and that it has a good and lawful right to convey it, or any thereof. Nothing in this Agreement shall be construed to impose a requirement on City to install the original public improvement at issue herein. Nor shall Owner be deemed acting as City's agent during the original construction and installation of said improvement. Parties agree that the obligation to install the public improvement(s) herein shall be in accordance with City specifications, and the obligation shall remain on Owner until completion and until acceptance by City, as by law provided. The provisions hereof shall inure to the benefit of and bind the successors and assigns of the respective Parties hereto, and all covenants shall apply to and run with the land and with the title to the land. Dated as of this 24th day of April, 2018. OWNER: Iowa City Commurri-t-K School District BY: 1 I �' Janet Godytr B resident BY: Craig oard Secretary STATE OF IOWA ) )ss: JOHNSON COUNTY ) "A This instrument acknowledged before me this day of Aga, 2018 by Janet Godwin and Craig Hansel, Board President and Board Secretary, respectively, of the Iowa City Community School District. 11 ' .4 a KIM J. COLVIN " Commission Number 750131. ... M7 l xI-12- ssion Expims iow� Notary Pub '�CiUVVI/ti /51 CITY: B James Throgmc on, Mayor ` r .rr ,Approved Y V* r" City Attorney 1, /20/I el STATE OF IOWA ) )ss: JOHNSON COUNTY ) ATTEST: Kellie K. Frueh ing, City Ci r This instrument acknowledged before me this 3rd day ofDecember , 2019. by James Throgmorton and Kellie K. Fruehling', as the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa. Notary Pub An, eengx? no+xewnroC XV * r• • ; ��w� s CHRISTINE OLNEY o,�,I,S,�� Commission Number 808232 I M4Commiss10 Expires * 1O`NA * ry — PERMANENT SANITARY SEWER EASEMENT PLAT CHAUTAUQUA HEIGHTS BLOCK 6 IOWA CITY, JOHNSON COUNTY, IOWA EASEMENT DESCRIPTION: COMMENCING AT THE NORTHEAST CORNER OF BLOCK 6, CHAUTAUQUA HEIGHTS, ACCORDING TO THE PLAT RECORDED IN PLAT BOOK 1, AT PAGE 124 IN THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE; THENCE N89'31'04"W, ALONG THE NORTH LINE OF SAID BLOCK 6, A DISTANCE OF 153.35 FEET TO THE POINT OF BEGINNING; THENCE S22'21'20"E, 182.75 FEET; THENCE S8235'12"E, 61.89 FEET TO A POINT ON THE EAST LINE OF SAID BLOCK 6; THENCE 507'17'06"W, ALONG SAID EAST LINE OF BLOCK 6, A DISTANCE OF 20.00 FEET; THENCE N82'35'12"W, 58.50 FEET; THENCE 511'59'40"W, 108.30 FEET TO A POINT ON THE SOUTH LINE OF LOT 10, OF SAID BLOCK 6; THENCE N82'21'23"W, ALONG SAID SOUTH LINE OF LOT 10 OF BLOCK 6, A DISTANCE OF 20.06 FEET; THENCE N11'59'40"E, 115.96 FEET; THENCE N22'21'20"W, 191.83 FEET; THENCE N39'36'26"W, 2.48 FEET, TO A POINT ON SAID NORTH LINE OF BLOCK 6; THENCE 589'31'04"E, ALONG SAID NORTH LINE OF BLOCK 6, A DISTANCE OF 22.50 FEET TO THE POINT OF BEGINNING; CONTAINING 0.17 ACRE (7,395 SF) AND IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. -PPFPAYED BY AND AENR! TO. YYB CONSULTANTS., INC 1917 S (AEEAT SL IOWA OIY, IOWA 57240 (3191751-8282 S89'31'04"E MWER STREET N39'36'26"W 2.48' CHAUTAUQUA HEIGHTS BLOCK 6 LOT 22 LOT 21 SSG 0 LOT 20 89'31'04"W 153.35' \�� \ POINT OF BEGINNING / LOT 15 J POINT OF COMMENCEMENT �\\ \ NE CORNER, BLOCK 6 f W 1 jNn\���, ` P \fall 11 LOT 14 \ \ I 4 \ �1 I PEAMANENT� I \ \l 1 SANITARY SEWER \\ \ ll LOT 13 EASEMENT I AC l \ 7,395 SF I LOT 12 / S82'35'12 E 61.89' 3 I (0 58.50, II% 0 0 — 58.50' N r — N82'35'12"W / 2b.00 I en LOT 11 / gf/ , 3 d o/o l ;:' n &9 LOT 10 CHAUTAUQUA / HEIGHTS BLOCK 6 99 / I� d COCK uQOA HEfGjS 0 I W J nn W Q C) > Jib IflaHlaN 0 4 10 20 30 4D GRAPHIC SCALE IN FEET 1"=40' Oreo STREET LOCATION: A PORTION OF BLOCK 6, CHAUTAUQUA HEIGHTS LOCATED IN THE SE Y NW Y4 OF SEC. 9—T79N—R6W OF THE STH P.M. CITY OF IOWA CITY, JOHNSON COUNTY, IOWA LAND SURVEYOR, INCLUDING FIRM OR ORGANIZATION: RICHARD R. NOWOTNY P.LS MMS CONSULTANTS INC. 1917 SOUTH GILBERT STREET IOWA CITY, IOWA, 52240 PHONE: 319-351-8282 SURVEY REQUESTED BY: IOWA CITY COMMUNITY SCHOOL DISTRICT PROPRIETOR OR OWNER: IOWA CITY COMMUNITY SCHOOL DISTRICT DOCUMENT RETURN INFORMATION: LAND SURVEYOR CIVIL ENGINEERS LAND PLANNERS LAND SURVEYORS LANDSCAPE ARCHITECTS ENVIRONMENTAL SPECIALISTS 1917 S. GILBERT ST. IOWA CITY, IOWA 52240 (319)351-8282 www.mmsconsultants.net Project No. IC 10302-001 -0,--, Date Revision LEGEND AND NOTES ® - CONGRESSIONAL CORNER, FOUND ® - CONGRESSIONAL CORNER, REESTABLISHED - CONGRESSIONAL CORNER, RECORDED LOCATION • - PROPERTY CORNER(S), FOUND (as noted) 0 - PROPERTY CORNERS SET (5/8" Iron Pin w/ yellow, plastic LS Cap embossed with 'MMS" ) ® - CUT 'X" - PROPERTY &/or BOUNDARY LINES — — - CONGRESSIONAL SECTION LINES — — — - RIGHT-OF-WAY LINES -CENTERR LINES — LINES PERMANENT SANITARY - LOT LINES, INTERNAL - LOT LINES, PLATTED OR B DEED — — — — — — — — WIDTH - EASEMENT LINES, & PURPOSE NOTED SEWER EASEMENT PLAT ------ ------- EXISTING EASEMENT LINES, PURPOSE NOTED R - RECORDED DIMENSIONS M - MEASURED DIMENSIONS C22-1 - CURVE SEGMENT NUMBER A PORTION OF BLOCK 6 r UNLESS NOTED OTHERWISE, ALL DIMENSIONS ARE IN FEET AND HUNDREDTHS CHAUTAUQUA HEIGHTS LOCATED IN THE SE 1/4 NW 1/4 OF SEC. 9-T79N- I hereby certify that this land surveying document was prepared and R6W OF THE 5TH P.M. the related survey work was performed by me or under my direct personal supervision and that 1 am a duly licensed Professional Land CITY OF IOWA CITY, �ESSIONq11/1%/0 surveyor under the la f the stat} of Iowa. JOHNSON COUNTY, IOWA %'°-Z-1 20.& MMS CONSULTANTS, INC. RICHARD R . NOWOTN\--%—° P.L.S. Iowa Lie. No. 17916 / RICHARD sm= FL 'ml= Date: NOWOTNY � My license renewal date is December 31, 20 �� 3-19-2018 T6 = De519ned 4: Field Book No. N Drawn by: �m��11111IM111111111111111111 Pages or sheets covered by this seal: OGO scale: 1"=40' Checked by: RN R Sheet No: n Project No. IC 10302-001 -0,--, Prepared by and return to: C. Joseph Holland, Ste 300 123 N Linn St Iowa City IA 52245 (319)-354-0331 STORM SEWER EASEMENT AGREEMENT THIS AGREEMENT is made and entered into by and between the Iowa City Community School District (Owner), which expression shall include its successors in interest and assigns, and the City of Iowa City, Iowa (the City), which expression shall include its Successors in interest and assigns. It is hereby agreed as follows: For the sum of $1.00 plus other valuable consideration, the receipt of which is hereby acknowledged, Owner hereby grants and conveys to the City an easement for the purposes of excavating for and the installation, replacement, maintenance and use of such storm sewer lines, pipes, mains, conduits and drainage ways as the City shall from time to time elect for conveying storm water with all necessary appliances and fittings for the use in connection with said pipe lines, together with adequate protection therefor, and also a right of way, with the right of ingress and egress thereto over and across the area designated as "Permanent Storm Sewer Easement" as shown on the attached Easement Plat and referred to herein as the "Easement Area." Owner further grants to the City: 1. The right of grading said Easement Area for the full width thereof, and to extend the cuts and fills for such grading into and onto said lands along and outside of the said Easement Area, to such extent as the City may find reasonably necessary. 2. The right from time to time to trim, to cut down and clear away any and all trees and brush on said Easement Area, and also to trim, cut down and clear away any trees on either side of said strip which now or hereafter in the opinion of the City may be a hazard to said Easement Area or which may interfere with the exercise of the City's rights hereunder in any manner. 3. The City shall promptly backfill any trench made by it, and repair any damages caused by the City within the Easement Area. The City shall indemnify Owner against unreasonable loss or damage which may occur in the negligent exercise of the easement rights by the City. Except as expressly provided herein, the City shall have no responsibility for maintaining the Easement Area. 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 Page 1 of 4 any well, or construct any reservoir or other obstruction on said area, or diminish or substantially add to the ground cover over said Easement Area. Any such improvement installed within the easement area, with or without City approval, may be removed by the City without compensation or replacement. 5. Owner does hereby covenant with the City that it is lawfully seized and possessed of the real estate above described, and that they have a good and lawful right to convey it, or any part thereof. 6. Nothing in this Agreement shall be construed to impose a requirement on the City to install the original public improvement(s) at issue herein. Nor shall Owner be deemed acting as the City's agent during the original construction and installation of said improvement. Parties agree that the obligation to install the public improvement(s)herein shall be in accordance with City specifications, and the obligation shall remain on Owner until completion by Owner, and until acceptance by the City, as provided by law. 7. The provisions hereof shall inure to the benefit of and bind the successors and assigns of the respective• parties hereto, and all covenants shall apply to and run with the land and with the title to the land. Page 2 of 4 3I Dated as of this 24th day of April 2018. Iowa City Commur7it chool District BY:_� �' 4 Craig I dri{a-df/Board Secretary STATE OF IOWA ) )ss: JOHNSON COUNTY ) This instrument acknowledged before me this D day of Apr -ti, 2018 by Janet Godwin and Craig Hansel, Board President and Board Secretary, respectively, of the Iowa City Community School district. ja KIM J. COLVIN Commission Number 750131 r N•1.. * My ommission Expires ow ` , `'i "'t. II 'R Page 3 of 4 �1 �) .. CORPORATE SFAL CITY:,,," r A'' ATTEST: R- ' g James Throgmor n,, Mayor Kellie K. Frue ing, City Cle Approved,, GLtu zgwe'l� City Attorney STATE OF IOWA ) )ss: JOHNSON COUNTY ) This instrument acknowledged before me this 3rd day of December 2019, by James Throgmorton and Kellie K. Fruehling, as the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa. Notary Public, Commission Number Page 4 of 4 51 PERMANENT STORM SEWER EASEMENT PLAT CHAUTAUQUA HEIGHTS BLOCK 6 IOWA CITY, JOHNSON COUNTY, IOWA EASEMENT DESCRIPTION: COMMENCING AT THE NORTHEAST CORNER OF BLOCK 6, CHAUTAUQUA HEIGHTS, ACCORDING TO THE PLAT RECORDED IN PLAT BOOK 1, AT PAGE 124 IN THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE; THENCE N89'31'OCW, ALONG THE NORTH UNE OF SAID BLOCK 6, A DISTANCE OF 175.92 FEET TO THE POINT OF BEGINNING; THENCE 53431'55'E, 33.15 FEET; THENCE 573'53'30-E. 154.40 FEET TO A POINT ON THE EAST UNE OF SAID BLOCK 6; THENCE S0717'G6'W, ALONG SAID EAST UNE OF BLOCK 6, A DISTANCE OF 15.18 FEET; THENCE N73'53'30 -W, 92.17 FEET; THENCE S0937'42E, 77.42 FEET; THENCE S74'06'52'E, 69.33 FEET, TO A POINT ON SAID EAST UNE OF BLOCK 6; THENCE S07'17'06'W, ALONG SAID EAST UNE OF BLOCK 6, A DISTANCE OF 15.17 FEET; THENCE N74'06'52'W, 68.72 FEET; THENCE S15'17'01 -W, 146.63 FEET TO A POINT ON THE SOUTH UNE OF LOT 10, OF SAID BLOCK 6; THENCE N8221'23'W, ALONG SAID SOUTH UNE OF LOT 10, BLOCK 6, A DISTANCE OF 15.35 FEET; THENCE N79'55'29'E, 8.95 FEET; THENCE N15'04'30'E, 145.66 FEET; THENCE N09'37'40W, 87.74 FEET; THENCE N7353'30'W, 53.28 FEET; THENCE N3431'55'W, 49.03 FEET TO A POINT ON SAID NORTH UNE OF BLOCK 6; THENCE S89'31'O4'E, ALONG SAID NORTH UNE OF BLOCK 6, A DISTANCE OF 18.31 FEET TO THE POINT OF BEGINNING, CONTAINING 0.17 ACRE (7,591 SF) AND IS SUBJECT TO EASEMENTS AND PREPARE) BY AND RERIRN V. NMS CONSULTANTS.- INC. 1917 S GMT n. IOWA (Itt, IOWA 52710 2191351-8282 RESTRICTIONS OF RECORD. S89'31'04"E MEN BTQF-F-T POINT OF COMMENCEMENT 1 ,.e NE CORNER, BLOCK 6 CHAUTAUQUA HEIGHTS BLOCK 6 LOT 22 � 11 N�6yA LOT 21 N �'10 11 i LOT 20 V0.1 �9 L0S 18 01 '\ S3431'55"E N89'31'04"W 175.92' To \\ \ 33.16' POINT OF BEGINNING LOT 15 PERMANENT STORM \ S73'S3. EASEMENT 3„0.17 AC N> 53.28, _ 11-54.40, 7,5 1 SF n\ 5330"W 1 LOT 14 92.17' 'D OD In - I \\ Nnl� LOT 13 I \ 1\ ` `7\052 3 69 3• I\� A 17 `8.7A1742. LOT 12 S2—K Ju/ / /reoo LOT 11 ;4�/ rA LOT 10 / 9'55'29"E� 8. / 8.95' / YUA HEIGHT LOT9BLK6 N8221 / CHAUTAUQUA I HEIGHTS BLOCK 6 F- W J C) Ew I j 507'17'06"W 15.18' S07'17'060W 15.17' 0 4 10 20 30 0 GRAPHIC SCALE IN FEET 1"=40' OTTO STREET LOCATION: A PORTION OF BLOCK 6, CHAUTAUQUA HEIGHTS LOCATED IN THE SE 1/4 NW 1/4 OF SEC. 9—T79N—R6W OF THE 5TH P.M., IOWA CITY, JOHNSON COUNTY, IOWA LAND SURVEYOR, INCLUDING FIRM OR ORGANIZATION: RICHARD R. NOWOTNY P.LS MMS CONSULTANTS INC. 1917 SOUTH GILBERT STREET IOWA CITY, IOWA, 52240 PHONE: 319-351-8282 SURVEY REQUESTED BY: IOWA CITY COMMUNITY SCHOOL DISTRICT PROPRIETOR OR OWNER: IOWA CITY COMMUNITY SCHOOL DISTRICT DOCUMENT RETURN INFORMATION: LAND SURVEYOR LEGEND AND NOTES RICHARD R. NOWOTNY 17916 SEAL I hereby certify that this land surveying document was prepared and the related survey work was performed by me or under my direct personal supervision andV60 I am a duly licensed Professional Land Surveyor yoAer the law of a Stoteeo{Iowa. RICHARD R. NOWOTNY ' �f- P.LS. Iowa LIc. No. 17916 v My license renewal date Is December 31, 20� Pagas or cheats covered by this seal: f Nq Nq S CIVIL ENGINEERS LAND PLANNERS LAND SURVEYORS LANDSCAPE ARCHITECTS ENVIRONMENTAL SPECIALISTS 1917 S. GILBERT ST. IOWA CITY, IOWA 52240 (319)351-8282 www.mmsconsultants.net Date R:evl5lon PERMANENT STORM SEWER EASEMENT PLAT A PORTION OF BLOCK 6, CHAUTAUQUA HEIGHTS LOCATED IN THE SE /4 NW OF SEC. 9-T79N-R6W OF THE 5TH P.M., IOWA CITY, JOHNSON COUNTY. IOWA MMS CONSULTANTS, INC. Data, 3-19-2018 Designed Ley, Meld Sock No. \1\IY 1 Project No, IC 10302-001 ofi 1 a - CONGRESSIONAL CORNER, FOUND ® - CONGRESSIONAL CORNER, REESTABLISHED D - CONGRESSIONAL CORNER, RECORDED LOCATION • - PROPERTY CORNER(S), FOUND (as noted) O - PROPERTY CORNERS'SET (5/8' Iron Pin w/ yellow, plastic LS Cap embossed with 'MMS" ) ® - CUT "X" - PROPERTY &/or BOUNDARY LINES — — - CONGRESSIONAL SECTION LINES — — — - RIGHT-OF-WAY LINES — - CENTER LINES - LOT LINES, INTERNAL - LOT LINES, PLATTED OR BY DEED — — — — — — — — - EASEMENT LINES, WIDTH & PURPOSE NOTED ------------- EXISTING EASEMENT LINES, PURPOSE NOTED (R) - RECORDED DIMENSIONS M - MEASURED DIMENSIONS C22-1 - CURVE SEGMENT NUMBER UNLESS NOTED OTHERINSE, ALL DIMENSIONS ARE IN FEET AND HUNDREDTHS RICHARD R. NOWOTNY 17916 SEAL I hereby certify that this land surveying document was prepared and the related survey work was performed by me or under my direct personal supervision andV60 I am a duly licensed Professional Land Surveyor yoAer the law of a Stoteeo{Iowa. RICHARD R. NOWOTNY ' �f- P.LS. Iowa LIc. No. 17916 v My license renewal date Is December 31, 20� Pagas or cheats covered by this seal: f Nq Nq S CIVIL ENGINEERS LAND PLANNERS LAND SURVEYORS LANDSCAPE ARCHITECTS ENVIRONMENTAL SPECIALISTS 1917 S. GILBERT ST. IOWA CITY, IOWA 52240 (319)351-8282 www.mmsconsultants.net Date R:evl5lon PERMANENT STORM SEWER EASEMENT PLAT A PORTION OF BLOCK 6, CHAUTAUQUA HEIGHTS LOCATED IN THE SE /4 NW OF SEC. 9-T79N-R6W OF THE 5TH P.M., IOWA CITY, JOHNSON COUNTY. IOWA MMS CONSULTANTS, INC. Data, 3-19-2018 Designed Ley, Meld Sock No. \1\IY 1 Project No, IC 10302-001 ofi 1 a #PARED BY AND f8 IM TO: IBS CONSULTANR INC. 1917 S BIMT ST. IOWA Ott. IOWA 52240 (319)351-8282 LOT 21 LOT 20 PERMANENT STORM SEWER EASEMENT PLAT CHAUTAUQUA HEIGHTS BLOCK 6 EASEMENT DESCRIPTION: IOWA CITY, JOHNSON COUNTY, IOWA COMMENCING AT THE NORTHEAST CORNER OF BLOCK 6, CHAUTAUQUA HEIGHTS, ACCORDING TO THE PLAT RECORDED IN PLAT BOOK 1, AT PAGE 124 IN THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE; THENCE N89'31'04"W, ALONG THE NORTH UNE OF SAID BLOCK 6, A DISTANCE OF 147.09 FEET; THENCE S07'48'46"W, 51.27 FEET TO THE POINT OF BEGINNING, THENCE S22'21'20"E, 89.55 FEET; THENCE S07 -48'46-W, 16.50 FEET; THENCE S82'11'14"E, 9.59 FEET; THENCE 522'21'20"E, 15.06 FEET; THENCE S15 -04'30-W, 41.47 FEET; THENCE N82'11'14"W, 37.91 FEET; THENCE N07 -48'46"E, 7.11 FEET; THENCE N82'11'14"W, 19.00 FEET; THENCE N07'48'46"E, 140.96 FEET TO THE POINT OF BEGINNING, CONTAINING 0.13 ACRE (5,558 SF) AND IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. NOWER STREET N89'31'04"W 147.09' \ \\ \ S07.4B'46"W LOT 15 \\ \ 51.27' \ \ CHAUTAUQUA POINT OF BEGINNING � HEIGHTS BLOCK 6 LOT 22 N\\ II II LOT 14 �I• \ \1 0. LOT 13 zoIc� \ k I 46"W 16.50' L SB2'11'14"E 9.59' LOT 1.2 '/ /r— — — — —— �t� '-tsi 5'04'30"W / 41.47' 1 LOT 11 1 15.06' N07'48'46"E N82'11'14"W-3 7.11' 37.91' LOT 10 CHgUTgUQ JA HEIGHTS / / LOT 9 BLOCK 6 CHAUTAUQUA HEIGHTS BLOCK 6 I— V) W W J 0 L Q U POINT OF COMMENCEMENT NE CORNER, BLOCK 6 0 4 10 20 30 D GRAPHIC SCALE IN FEET 10=40' OTTO S7REE7 LOCATION: A PORTION OF BLOCK 6, CHAUTAUQUA HEIGHTS LOCATED IN THE SE 1/4 NW 1/4 OF SEC. 9-T79N-R6W OF THE 5TH P.M., IOWA CITY, JOHNSON COUNTY, IOWA LAND SURVEYOR, INCLUDING FIRM OR ORGANIZATION: RICHARD R. NOWOTNY P.L.S MMS CONSULTANTS INC. 1917 SOUTH GILBERT STREET IOWA CITY, IOWA, 52240 PHONE: 319-351-8282 SURVEY REQUESTED BY: IOWA CITY COMMUNITY SCHOOL DISTRICT PROPRIETOR OR OWNER: IOWA CITY COMMUNITY SCHOOL DISTRICT DOCUMENT RETURN INFORMATION: LAND SURVEYOR LEGEND AND NOTES A C I \. ® - CONGRESSIONAL CORNER, REESTABLISHED Z� • I 1 O I PERMANENT I STORM I SEWER ® I AC — — II 5,558 SF N82'11'14"W 1— 19.00' — - 46"W 16.50' L SB2'11'14"E 9.59' LOT 1.2 '/ /r— — — — —— �t� '-tsi 5'04'30"W / 41.47' 1 LOT 11 1 15.06' N07'48'46"E N82'11'14"W-3 7.11' 37.91' LOT 10 CHgUTgUQ JA HEIGHTS / / LOT 9 BLOCK 6 CHAUTAUQUA HEIGHTS BLOCK 6 I— V) W W J 0 L Q U POINT OF COMMENCEMENT NE CORNER, BLOCK 6 0 4 10 20 30 D GRAPHIC SCALE IN FEET 10=40' OTTO S7REE7 LOCATION: A PORTION OF BLOCK 6, CHAUTAUQUA HEIGHTS LOCATED IN THE SE 1/4 NW 1/4 OF SEC. 9-T79N-R6W OF THE 5TH P.M., IOWA CITY, JOHNSON COUNTY, IOWA LAND SURVEYOR, INCLUDING FIRM OR ORGANIZATION: RICHARD R. NOWOTNY P.L.S MMS CONSULTANTS INC. 1917 SOUTH GILBERT STREET IOWA CITY, IOWA, 52240 PHONE: 319-351-8282 SURVEY REQUESTED BY: IOWA CITY COMMUNITY SCHOOL DISTRICT PROPRIETOR OR OWNER: IOWA CITY COMMUNITY SCHOOL DISTRICT DOCUMENT RETURN INFORMATION: LAND SURVEYOR LEGEND AND NOTES A - CONGRESSIONAL CORNER, FOUND ® - CONGRESSIONAL CORNER, REESTABLISHED - CONGRESSIONAL CORNER, RECORDED LOCATION • - PROPERTY CORNER(S), FOUND (as noted) O - PROPERTY CORNERS SET (5/8' Iron Pin w/ yellow, plastic LS Cap embossed with "MMS" ) ® - CUT 'X' - PROPERTY &/or BOUNDARY LINES — — - CONGRESSIONAL SECTION LINES — — — - RIGHT-OF-WAY LINES — - CENTER LINES - LOT LINES, INTERNAL - LOT LINES, PLATTED OR BY DEED — — — — — — — — — - EASEMENT LINES, WIDTH & PURPOSE NOTED -------- — — — — — — - EXISTING EASEMENT LINES, PURPOSE NOTED (R - RECORDED DIMENSIONS (M - MEASURED DIMENSIONS C22-1 - CURVE SEGMENT NUMBER UNLESS NOTED OTHERWSE, ALL DIMENSIONS ARE IN FEET AND HUNDREDTHS I hereby certify that this land surveying document was prepared and the related survey work was performed by me or under my direct ll111111Nllllllllp/ personal supervision and that I am o duly licensed Professional Land y�pO asslONq��A Surveyor under tha la the State of Iowa. A 20-L g[ y- RICHARD =9= RICHARD R. NO TNY =�= = R. 'm= P.L.S. Iowa Lic. No. 17916 Raos J° NOWOTNY My license renewal date Is December 31, 20 v� IOWA ��mmlmollllmm " Pages or sheets covered by this seal: / SEAL CIVIL ENGINEERS LAND PLANNERS LAND SURVEYORS LANDSCAPE ARCHITECTS ENVIRONMENTAL SPECIALISTS 1917 S. GILBERT ST. IOWA CITY, IOWA 52240 (319) 351-8282 www.mmsconsultants.net Date I Revlslon PERMANENT STORM SEWER EASEMENT PLAT A PORTION OF BLOCK 6, CHAUTAUQUA HEIGHTS LOCATED IN THE SE 3/4 NW 3/4 OF SEC. 9—T79N— R6W OF THE 5TH P.M., IOWA CITY, JOHNSON COUNTY, IOWA MMS CONSULTANTS, INC WT VT 3-19-2018 Desirjned by: CN yCN Field Book Na LI Drawn bgr JIGO Scale, 1"=40' Checked by, I5heet No, Project No, 1 IC 10302-001 3k