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HomeMy WebLinkAboutJohnson County Recorder 2016Page 1 1 Res 16-9, accepting the dedication of public right-of-way and a storm sewer and drainage 01/11/16 Easement associated with the Crossings Commons, Part One subdivision. 2 Ord 16-4652, rezoning 16.18 acres located south of Kennedy Parkway west of Camp 01/11/16 Cardinal Boulevard from Interim Development — Research Park (ID -RP) to Single Family Residential (RS -5). 3 Res 15-388, approving final plat of Saddlebrook Addition, Part 3, Iowa City, Iowa. 01/22/16 4 Ord 16-4654, rezoning approximately 1.03 acres of property from Community Commercial 01/26/16 (CC -2) zone to Riverfront Crossings — Central Crossings (RFC -CX) zone located at 602, 604, 608, 610, 614, 620, 628 South Dubuque Street. 5 Res 16-22, accepting the dedication of a utility easement within Walden Wood, Part 10, 01/27/16 Iowa City, Iowa. 6 Res 16-29, approving amendment no. 2 to an agreement for private redevelopment by and 02/05/16 Between the City of Iowa City, Iowa and A&M Development 11, LLC for the Sabin Townhomes. 7 Ord 16-4656, conditionally rezoning approximately .98 acre located south of Iowa Ave 02/05/16 Between Gilbert and Van Buren streets from Neighborhood Public (P-1) to Central Business Support (CB -5). 8 Res 16-35, approving the conveyance of a portion of vacated air rights above the alley 02/05/16 Between lots 1 and 8 of block 8, County Seat Addition to Midwest One Bank. 9 Inadvertently omitted site plan, Ord 164656, conditionally rezoning approximately .98 acre 02/12/16 located south of Iowa Ave Between Gilbert and Van Buren streets from Neighborhood Public (P-1) to Central Business Support (CB -5). 10 Res 1640, approving the final plat for General Quarters, Part Two, Iowa City, Iowa. 02/23/16 11 Res 1641, approving the final plat for General Quarters, Part Three, Iowa City, Iowa. 02/23/16 12 Iowa City Board of Adjustment Decision of February 17, 2016 (1) EXC15-000016, 03/08/16 Approval of a special exception for a historic preservation waiver to allow up to 21 Residents of a group living use, subject to conditions. 13 Res 16-71, accepting the dedication of public right-of-way and a sanitary sewer and 03/28/16 Underground utility easement associated with the Dodge/Conklin development and authorizing the Mayor to sign and the Clerk to attest said easement agreements. 14 Ord 164659, rezoning 9.33 acres of property from low density single family (RS -5) zone 03/28/16 And medium density single family (RS -8) zone to planned development overlay (OPD -8) Zone and a sensitive areas development plan for Pine Grove located south of Lower West Branch Road between Scott Blvd and Hummingbird Lane. 15 Res 16-32, approving the final plat for Sandhill Estates, Part 4, Iowa City, Iowa. 03/31/16 Page 2 16 Iowa City Board of Adjustment Decision of March 9, 2016 (1) EXC16-00001, approval to 03/30/16 allow installation of a privately -owned communication transmission facility in the Community Commercial (CC -2) zone at 845 Pepperwood Lane, subject to conditions. 17 Res 16-75, approving the final plat for Churchill Meadows, Parts Two and Three, Iowa City. 04/12/16 18 Res 16-77, approving the final plat for St Andrew Presbyterian Church, Part One, Iowa City. 04/25/16 19 Ord 164662, rezoning property located at 716 North Dubuque Street from High Density 04/22/16 Multi Family (RM -44) zone to Historic Overlay/High Density Multi Family (OHD/RM44) 20 Res 16-128, approving the final plat of Windmill Heights, Iowa City, Iowa. 05/03/16 21 Res 16-147, approving the fmal plat of Riverside Crossing Plat 1, Iowa City, Iowa. 05/24/16 22 Res 16-148, approving the final plat of Cardinal Pointe West — Part 1, Iowa City, Iowa. 05/23/16 23 Res 16-156, approving the partial release of a no -build easement on Lot 6, Block 43, Iowa 05/27/16 City, Iowa. 24 Res 16-189, approving a purchase agreement by and between the City of Iowa City and 06/14/16 Aspen Ventures, LLC for the City property to the north of City Hall that is currently used as a parking lot. 25 Iowa City Board of Adjustment Decision of April 13, 2016 (1) EXC16-00002, approval 06/20/16 of a special exception to allow a Rooftop Service Area in the Central Business (CB -10) zone located above 115 and 117 Iowa Avenue subject to conditions. 26 Iowa City Board of Adjustment Decision of June 15, 2016 (1) EXC16-00003, denial of a 07/12/16 Special exception to allow expansion of existing daycare center located in the Low Density Single -Family (RS -5) zone at 2024 G Street and 931 Third Ave to allow up to 64 children. (2) EXC 16-00004, approval to allow a daycare center for up to 42 children on property Location in the Low Density Single -Family (RS -5) zone at 2929 E Court St subject to conditions. 27 Iowa City Board of Adjustment Decision of July 13, 2016 (1) EXC16-00005, approval 08/04/16 of a special exception to allow a reduction in the required rear principal building setback from 20 feet to 10 feet to allow a one-story, 20x 10 foot home addition for property located at 1031 East Market Street, subject to conditions. 28 Temp construction easement agreement between the City of Iowa City and the Chauncey 08/19/16 For the use of the Chauncey Swan Park for construction of a geothermal well. 29 Ord 164672, rezoning property located at 818 South Dubuque St from Intensive Commercial 08/22/16 (CI -1) zone to Public (P-1) zone. 30 Iowa City Board of Adjustment Decision of August 10, 2016 (1) EXC16-00006, approval 08/24/16 of a special exception to allow an eating establishment to be located at 1040 Martin St subject to conditions. 31 Res 16-217, approving preliminary and final plat of Pine Grove, Iowa City, Iowa. 09/06/16 32 Res 16-187, approving final plat of Southgate Addition, Part Two, Iowa City, Iowa. 10/17/16 N�ze. Doc ID: 026194500012 Type: GEN Kind: RESOLUTION Recorded: 01/11/2016 at 02:45:12 PM Fee Amt: $62.00 Pape 1 of 12 Johnson County Iowa Kim Painter County Recorder EK5463 PG445-456 STATE OF IOWA ) ) SS JOHNSON COUNTY ) r 1 16ra..r.� f Cffy of I, Marian K. Karr, City Clerk of Iowa City, Iowa, do hereby certify that the Resolution attached hereto is a true and correct copy of Resolution No. 16-9 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 5th day of January, 2016, all as the same appears of record in my office. Dated at Iowa City, Iowa, this day of ct,tua_ 2016. 2�k �x- > Marian K. Kari City Clerk fires CORPORATE SEAL 410 EAST WASHINGTON STREET 9 IOWA CITY, IOWA 52240-1826 9 (319) 356-5000 • FAX (319) 356-5009 Prepared by: Sara Greenwood Hektoen, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240, 356-5030 RESOLUTION NO. 16-9 RESOLUTION ACCEPTING THE DEDICATION OF PUBLIC RIGHT-OF-WAY AND A STORM SEWER AND DRAINAGE EASEMENT ASSOCIATED WITH THE CROSSINGS COMMONS, PART ONE SUBDIVISION. WHEREAS, the Crossing Commons, Part One subdivision is located within the corporate limits of Coralville, Iowa; and WHEREAS, this subdivision contemplates and includes the construction of a portion of Kennedy Parkway west of Camp Cardinal Boulevard; and WHEREAS, the City of Iowa City corporate limits run along the midline of the platted Kennedy Parkway and therefore dedication of right-of-way to Iowa City is necessary to complete the public improvements associated with this subdivision; WHEREAS, it is also necessary for the Owner, The Crossing Development, L.C., to install and grant an easement for storm sewer and drainage purposes to the City of Iowa City; and WHEREAS, the City previously accepted the improvements, as constructed, and declared the street open to the public pursuant to Resolution 15-304, approved on October 6, 2015. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The City does hereby accept the dedication of that property shown on the attached Plat of Survey for Auditor's Parcel 2014116, recorded at Book 59, Page 93, in the Records of the Johnson County, Iowa Recorder's Office, as public right-of-way, as well as the dedication of a storm sewer and drainage easement, as shown on the attached Easement Plats, in a form of conveyance approved by the City Attorney's Office. 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 execution of said easement agreements, which the City Clerk is authorized to record at Owner's expense. The City Clerk is further authorized to certify this resolution and record the same at Owner's expense. Passed and approved this 5th day of Januar , 2016. MOOR Appr ved by A,wu, City Attorney's Office .-Ito Resolution No. Page 2 It was moved by Dickens and seconded by Botchway the Resolution be adopted, and upon roll call there were: AYES: x NAYS: ABSENT: ABSTAIN: Botchway Cole Dickens Mims Taylor Thomas Tbrogmorton Doe ID: 026837610002 Type: PLA Kind: SURVEY Recorded: 12/29/2014 at 02:46:21 PM Fee Amt: $12.00 Pape 1 of 2 Johnson County Iowa KiM Painter County Recorder BK59 PG93=94 PLAT OF SURVEY AUDITORIS PARCEL 2014116 PART OF AUDITOR'S PARCEL 2012052 IOWA CITY, JOHNSON COUNTY, IOWA 1; SECnON 12, 179N. R]W I I 6 r FD. 4'x4' CONC. NOW, O l W/ I/3 REBAR I I r1 (N89b]'28'E 198.]]') I I CITY OF COFSALVILLE 6 IV N89 -03.20-E 198.]3') 1 1 p 0� A I CORPORATE LIMITS LINE I I EMSnUTILITNG 50' EASEMENT �f�'gpvrP N. 1/2' REBAI 116=-- PAa 4554]. �r 1 W/YELLOW PLASS TIC --150' 1 PAGES 572-582 1 CAP N0. 18769 I I *' + �rti�'4n I 100' I _— �? %� Pae 'i '.. ! I I �• 0? 5t CI ���f?a• I � •p N19W0'38'E 11.00' C7 781O�Z•j 4S n 5 (N8695'51'E 31.]4') I PI N25']3'40'E 10.00' /I Na6'35'51'E 21.34' 21 I J VC6 76� iD. 1/2' REBAR N6416" FW 60.00' I 1 WnCAPON0.LB769 Qi C y 525 Y40'W 12.33' < 2 (ems �0. •>'0 I I s>SJF•_. • r (SJZJ'48•E 33.06 �G�QPG4y. i — SM3'48'E 33.00' C5 CITY OF IOWA CITY v I I 58635'51'W 21.34' I on p+ ry eF m S.W, CN 12. T7.W. 1/4-N.E. 1/4 I I C SO. 1/2 IA AR OPC I ) "1 �iD. I/2' REBM W/OPC NO. 11579 I 1 SURVEY LEGEND SURVEY PREPARED FOR, O SET 1/2 REBAR W/YELLOW PLASTIC CAP NO. 18769 THE CROSSNG DEVELOPMENT LC SaflVEY WDRR PERFORMED: • FOUND 1/2' REBAR W/ORANGE OM1ffS. ]/I/11 UKASTC CAP NLESS NOSED O. 11579E THE CROSSNC )MLOPMENT LC SIIpKYDQ AL SECTION CORNER rOUND AS NOTED RYAN R. RWLWG L.S.RECORDED AS HALL a HALL ENGINEERS INC. ----------------- EASEMENT LINE 1860 BOYSON ROAD MAWATHA, IOWA 52233 PLAT OR SURVEY BOUNDARY 319-362-5548 — — — 1/4 SECRON UNE 0 100 205 300 100 GRAPHIC SCALE IN FEET SCALE 1'=200' g e e sna.l nuc PLAT OF SURVEY a ' AUDITOR'S PARCEL 2014116 PART OF AUDITOR'S PARCEL 2012052 e IOWA CITY, JOHNSON COUNTY, IOWA 16eaM� WlNie la4ewegYm949c®twpeE4n4 ro60H Pmas•,wMk E'vemyaea Femelm a.f � 8eae�Em� s Y L . ae Mwe Pr S of i DAR: MUIUNO iF /, /Z/z.11r LI (•I t 15759 F RY . 11p iO;L9. Ip69 My Ucm+eµxwlOeeu Oeumbmll, Wh 1j�Tj w Pegemehum Nmced by thiRed: inns ��LTr✓✓ g e e sna.l nuc PLAT OF SURVEY a ' AUDITOR'S PARCEL 2014116 PART OF AUDITOR'S PARCEL 2012052 e IOWA CITY, JOHNSON COUNTY, IOWA s - L A DESCRIPTION: PART OF AUDITOR'S PARCEL NO. 2012052 AS RECORDED IN BOOK 56, PAGE 379 IN 'THE OFFICE OF THE JOHNSON COUNTY, IOWA RECORDER AND LOCATED IN THE NORTHWEST 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 NORTH QUARTER CORNER OF SAID SECTION 12; THENCE SO'01'43"W 476.71 FEET ALONG THE WEST LINE OF THE NORTHWEST QUARTER OF SAID NORTHEAST QUARTER TO THE NORTHERLY CORPORATE LIMIT LINE OF IOWA CITY; THENCE N89'03'28"E 198.73 FEET ALONG SAID NORTHERLY LINE; THENCE EASTERLY 179.94 FEET ALONG THE ARC OF A 500.00 FOOT RADIUS CURVE, CONCAVE SOUTHERLY (CHORD BEARS 580'37'57"E 178.97 FEET) ALONG SAID NORTHERLY LINE TO THE POINT OF BEGINNING; THENCE EASTERLY 51.35 FEET ALONG THE ARC OF A 500.00 FOOT RADIUS CURVE, CONCAVE SOUTHERLY (CHORD BEARS S67'22'51"E 51.32 FEET) ALONG SAID NORTHERLY LINE: THENCE 564'26'20"E 638.00 FEET ALONG SAID NORTHERLY LINE; THENCE EASTERLY 176.93 FEET ALONG THE ARC OF A 350.00 FOOT RADIUS CURVE, CONCAVE NORTHERLY (CHORD BEARS S78'55'14"E 175.05 FEET) ALONG SAID NORTHERLY LINE; THENCE N8635'51"E 21.34 FEET ALONG SAID NORTHERLY LINE TO THE WESTERLY RIGHT OF WAY OF CAMP CARDINAL BOULEVARD; THENCE 53'23'48"E 33.00 FEET ALONG SAID WESTERLY RIGHT OF WAY; THENCE 586'35'51"W 21.34 FEET; THENCE WESTERLY 193.61 FEET ALONG THE ARC OF A 383.00 FOOT RADIUS CURVE, CONCAVE NORTHERLY (CHORD BEARS N78'55'14"W 191.55 FEET); THENCE N6426'20"W 573.31 FEET; a THENCE SOUTHWESTERLY 39.27 FEET ALONG THE ARC OF A 25.00 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY (CHORD BEARS 570'33'40"W 35.36 FEET); THENCE 525'33'40"W 12.33 FEET; THENCE N64'26'20"W 60.00 FEET; THENCE N25'33'40"E 10.00 FEET; = s° THENCE NORTHWESTERLY 41.84 FEET ALONG THE ARC OF A 25.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY o (CHORD BEARS N22-22-51"W 37.12 FEET); = THENCE 1419'40'38"E 33.00 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 32,044 SOFT„ 0.74 ACRES SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. ��- Recorded Curve Table Curve Delta Tangent Length Radius Chord Chord Brg sS C7 26' 30' 13" 117.75' 231.29' 500,00' 229.23' N77' 41' 26"W C2 o' C3 'o C4 29' 03' 18" 90.42' 176.94' 348.92' 175.05' 578' 55' 14"E CS 8 i C6 C7 i PS i Measured Curve Table Curve Delta Tangent Length Radius Chord Chord Brg 8 C1 26' 30' 13" 117.75' 231.29' 500.00' 229.23' 577' 41' 26°E N C2 20' 37' 10" 90.95' 179.94' 500.00' 178.97' 580' 37' 57"E C3 5' 53' 02" 25.70' 51.35' 500.00' 51.32' 567' 22' 51 *E W C4 28' 57' 49" 90,40' 176.93' 350.00' 175.05' 578' 55' 14`E X CS 28' 57' 49" 98.92' 193.61' 383.00' 191.55' N78' 55' 14"W 0 i C6 90' 00' 00" 25.00 39,27' 25.00' 35.36' 570' 33' 40"W C7 95' 53' 01° 27.71' 41.64' 25.00' 37.12' N22' 22' 5 k Ny a _l .[.t nu.: PLAT OF SURVEY HALL& HALL ENGINEERS, INC. j" L4 ^ " ai m a " AUDITOR'S PARCEL 2014116 .. W z 0 o m.0°e mnme>•.ruumma.: A 3 "' - ' = PART OD AUDITOR'S PARCEL 2012052 uerFnwe� wN `v"rRenc.a 4 eB1X1 ^' IOWA CITY, JOHNSON COUNTY, IOWA -0-- d ny,6UV Oram ny RRR Checked Oy U 01 1"W Prepared by and Return to: C. Joseph Holland, P.O. Box 2820,Iowa City, IA 52245 (319)354-0331 STORM SEWER AND DRAINAGE EASEMENT AGR THE CROSSING COMMONS - PART ONE THIS AGREEMENT, made and entered into by and between The Crossing Development LC (Owner), which expression shall include its successors in interest and assigns, and the City of Iowa City, Iowa ("Iowa City"), which expression shall include its successors in interest and assigns. WITNESSETH: It is hereby agreed as follows: For the sum of $1.00 plus other valuable consideration, the receipt of which is hereby acknowledged, Owner hereby grants and conveys to the City an easement for the purposes of excavating for and the installation, replacement, maintenance and use of such storm water lines, pipes, mains, conduits, and overland drainageways as the City shall from time to time elect for conveying storm water, with all necessary appliances and fittings for the use in connection with said pipe lines, together with adequate protection therefor, and also a right of way, with the right of ingress and egress thereto, over and across the areas as shown on Exhibit A "Storm Sewer and Drainage Easement" hereafter described as the "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, to cut down and clear away any and all trees and brush on said Easement Areas, and also to trim, cut down and clear away any trees on either side of said strip which now or hereafter in the opinion of the City may be a hazard to said Easement Areas or which may interfere with the exercise of the City's rights hereunder in any manner. 3. The City shall promptly backfill any trench made by it, and repair any damages caused by the City within the Easement Areas. The City shall indemnify Owner against unreasonable loss or damage which may occur in the negligent exercise of the easement rights by the City. Except as expressly provided herein, the City shall have no responsibility for maintaining the Easement Areas. 4. Owner reserves the right to use said Easement Areas for purposes which will not interfere with the City's full enjoyment of the rights hereby granted; provided that the Owner shall not erect or construct any building, fence, retaining wall, or other structure, plant any trees, drill or operate any well, or construct any reservoir or other obstruction on said areas, or diminish or substantially add to the ground cover over said Easement Areas. Any improvements installed within the easement area, with or without the approval of the City, may be removed by the City without compensation or replacement. 5. Owner does hereby covenant with the City that it is lawfully seized and possessed of the real estate above described, and that they have a good and lawful right to convey it, or any part thereof. 6. Nothing in this Agreement shall be construed to impose a requirement on the City to install the original public improvement(s) at issue herein. Nor shall Owner be deemed acting as the City's agent during the original construction and installation of said improvement. 7. Parties agree that the obligation to install the public improvement (s) herein shall be in accordance with City specifications, and the obligation shall remain on Owner until completion by Owner, and until acceptance by the City, as provided by law. The provisions hereof shall inure to the benefit of and bind the successors and assigns of the respective parties hereto, and all covenants shall apply to and run with the land and with the title to the land. Dated as of this �J day of November, 2015. CITY OF IOWA CITY, IOWA THE CRO�a0 G D4LOPMENT LC B ame ®,Thrf9morton, Mayor By: Try Sill, Manager ry Vt Iim'ST: By.-9414rIan K 'Karr, City Clerk an' c ja .a ;t CORPORATE SEAL STATE OF IOWA ) ss: JOHNSON COUNTY ) This instrument acknowledged before me this 3614, day of November 2015, by T The Cr�o'-Yftsing Development LC. MANNAN C ONS :' r Commisslon Number 768066 �/�,',�w- -''-J °N PJhr i,fF�lres Notary FuMic and for said State STATE OF IOWA JOHNSON COUNTY This instrument acknowledged before me this S -IL, day of ' jan-y=,q LI 2016, by James A. Throgmorton and Marian K. Karr, as the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa. F a,�LLLIE K. TUTLET Number 221819 y co. mission Expires t-:' i Notary Public in and for said State EXHIBIT A STORM SEWER AND DRAINAGE EASEMENT THE CROSSING COMMONS - PART ONE IOWA CITY, JOHNSON COUNTY, IOWA 11 NORTH 1/4 CORNER SELTON 12, D9N, R7W u V F0. !N- CD4C. MON. 1 W/ 1/2- REBAR fl I LOT I 129.864 SN.FE 2.8) ACRES 0c SsO d� I„ pF CS'i F ; S.W. CORNER-N.W. I/4-N.E. 1/4 SECTION 12. T79N. R)W P9 TO. 1/2' REBAR W/ORANGE PLASTIC CAP N0. 11579 THE CROSSING COMMONS - PART ONE BOOK 59. PAGE 89 e 6 ` Go \.L, SPVV\ S$'Gell. \\p .I pF G\'C IDT 2 293.740 S9.FT 0.74 ACRES UTUTY \ EASEMENT kFro 1g�BS•' 3 NFar "4 ,,4 5547 '20'E 16.56' 589'30'08-E �.• 17.50' rt.^� I 589'30'08'E --,l 17.50' ND'29'52'E 40.00'.'..'.'..'. S019'52 -w 40.00' \ N8990'08'W 50.00' p\ZpPJ2 � 3 9 Q p\LC�QP � y6 PUO\�p0p IDT 3 88.328 SN.ET 2.21 ACRES CORPORATE LIMITS LINE S>383 _ W IOWA GTY 0 70 N 90 120 GRAPHIC SCALE IN FEET SCALE: 1'=60' LEGAL DESCRIPTION - PART OF AUDITCR'S PARCEL NO. 2012052 AS RECORDED IN 300¢ 56, PAGE 379 IN TIE OFFICE OF THE JOHNSON COUNTY. IOWA RECORDER AND LOCATED IN THE NORTHWEST QUARTER OF THE NORTHEAST WARTER OF SECTION 12. TOWNSHIP 79 NORTH, RANGE )WEST OF THE 5TH PRINCIPAL MERIDIAN, IOWA CITY. JOHNSON COUNTY. IOWA DESCRIBED AS FOLLOWS: CONMENGNG AT NORTH QUARTER CORNER OF SAID SECTOJ 12. THENCE SOTI`43-W 73S.A9 FEET ALONG ME WEST LINE OF THE NORTHWEST QUARTER OF SAID NORTHEAST OUMTER; THENCE S8958'17'E 792.85 FEET TO THE PONT OF BEGINNING; THENCE S64•26'20'E 16.56 FEET: THENCE S07952 -W 41.91 FEET; THENCE S69'30'08'E 17.50 FEET; THENCE S079 52-W 40.00 FEET; THENCE N89'30'08'W 50.00 FEET; THENCE N079'52'E 40.00 FEET; THENCE SB9'30'081 17.50 FEET; THENCE NO -29'52'E 48.93 FEET TO THE PONT Of BEGINNING. SAID PARCEL CONTAINS 2.681 WITT_ 0.06 ACRES SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD SURVEY PREPARED FCR, THE CROSSING DEVELOPMENT. LLC. OMNFR, THE CROSSING DEVELOPMENT. LLC. SURVEYOR, RYAN R. REMLING L.S. HALL k HALL ENGINEERS INC. 1860 BOYSON ROAD HIAWATHA. IOWA 52233 319-362-9548 SURVEY LEGEND 0 ---------------- ci EXHIBIT A STORM SEWER AND DRAINAGE EASEMENT THE CROSSING COMMONS - PART ONE IOWA CITY, JOHNSON COUNTY, IOWA FOUND SURVEY MONUMENT SECTION COINER FOUND AS NOTED RECORDED AS EASEMENT UNE PLAT OR SURVEY BOUNDARY PLAT LOT LINE 1/4-1/4 SECTION LINE EXISTING LOT UNE STATE o �2 s`s�C1A'r�0 Warranty Deed (Corporate/Business Entity Grantor) THE IOWA STATE BAR ASSOCIATION Official Form #335 Recorder's Cover Sheet Preparer Information: (Name, address and phone number) C. Joseph Holland, 123 N. Linn St., Suite 300, Iowa City, IA 52245, Phone: (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) City of Iowa City 410 E. Washington St. Iowa City, IA 52240 Grantors: The Crossing Development LC Grantees: City of Iowa City, Iowa Legal description: See Page 2 Document or instrument number of previously recorded documents: ® The Iowa Stale Bar Associaton 2005 IOWADOCSO THE,QNA STATE BAR ASSOCIATION Official Form No. 335 C. Joseph Holland FOR THE LEGAL EFFECT OF THE USE OF THIS FORM, CONSULT YOUR LAWYER gTAJTt P o Warranty Deed (Corporate/Business Entity Grantor) 9�s�C1A'��O For the consideration of One Dollar(s) and other valuable consideration, The Crossing Development LC alimited liability company organized and existing under the laws of Iowa does hereby Convey to City of Iowa City, Iowa the following described real estate in Johnson County, Iowa: Auditors Parcel 2014116, a part of Auditor's Parcel 2012052 in accordance with the Plat of Survey recorded in Book 59, Pages 93-94, Plat Records of Johnson County, Iowa. This Deed is a conveyance to a municipal corporation without consideration for use of the property as a public street, and is exempt from transfer tax pursuant to Section 428A.2(6) of the Code of Iowa (2015). 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 sin- gular or plural number, according to the context. Dated: November :K6 , 2015 The Crossing Development LC a(X) limited liability comm By Southgate Development ices, .L.C., Manager By Terry Sill, Manager STATE OF IOWA COUNTY OF JOHNSON This instrument was acknowledged before me on this c3b+�%day of November, 2015 by Terry Sill Manager of Southgate Development Services, L.L.C. as Manager of The Crossing Development LC sti MARINAN COONS A iW,& o a�r• riomnilsslon Number 76W66 F6 FAY%�Ms Notary Public ®Thelowa SWla Bar Ass..slion 2005 335 WARRANTY DEED(CORPORATEIBUSINESS ENTITY DEED) IOWADOCS® Revised June 2005 1 HOLLAND LAW OFFICE PLC March 4, 2015 I have made a careful examination of an abstract of title continued to December 8, 2014, at 8:00 a.m., by Reliance Title Services, Certificate No. 89192, and performed an online search of applicable public records through March 1, 2015, covering the real estate described as: Auditor's Parcel 2014116, a part of Auditor's Parcel 2012052 in accordance with the Plat of Survey recorded in Book 59, pages 93-94, Plat Records of Johnson County, Iowa. and from such examination good and merchantable title to the parcel described above is in: The Crossing Development LC subject to the following: MORTGAGES: A. Entry 77 sets out a mortgage from Southgate Development Company, Inc. and Clear Creek, L.L.C., in favor of City of Iowa City, Iowa. That mortgage is dated April 25, 2005, and recorded May 17, 2005, at Book 3877, Page 419. Entry 109 sets out a Subordination Agreement recorded October 28, 2014, in Book 5297, Pages 303-304. This Agreement subordinates the mortgage in favor of the City of Iowa City to the one in favor of West Bank as set out below. B. Entry 108 sets out a mortgage from The Crossing Development LC, in favor of West Bank. That mortgage was recorded October 17, 2014, in Book 5294, pages 466-477 and secures debt in the amount of $2,520,000. TAXES: Fiscal 2013 taxes ($660.00) are paid in full. C. Joseph Holland -N e.e, I IIII III IIIIII I II VIII VIII I II II VIII II I II VIII VIII VIII VIII II I I I VIII IIII III I Doc ID: 026194490004 Type: GEN Kind: ORDINANCE Recorded: 01/11/2016 at 02:13:34 PM Fee Amt: $22.00 Pape 1 of 4 Johnson County Iowa Kim Painter County Recorder BK5463 PG441-444 STATE OF IOWA ) ) SS JOHNSON COUNTY ) I, Marian K. Karr, City Clerk of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of Ordinance No. 16-4652 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 5th day of January, 2016, is a true and correct copy, all as the same appears of record in my office. Dated at Iowa City, Iowa, this 84A day of Jo,-&zt-a2016. City Clerk \ord :n CORPORATE SEAL 410 EAST WASHINGTON STREET • IOWA CITY, IOWA 52240-1826 • (319) 356-5000 • FAX (319) 356-5009 I/ -01-03-16 Prepared by: Bob Miklo, Senior Planner, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5240 (REZ15-00018) ORDINANCE NO. 16-4652 ORDINANCE REZONING 16.18 ACRES LOCATED SOUTH OF KENNEDY PARKWAY WEST OF CAMP CARDINAL BOULEVARD FROM INTERIM DEVELOPMENT - RESEARCH PARK (ID -RP) TO SINGLE FAMILY RESIDENTIAL (RS -5) (REZ15-00018) WHEREAS, the applicant, The Crossings Development, LC, has requested a rezoning of property located south of Kennedy Parkway west of Camp Cardinal Boulevard, from Interim -Development Research Park (ID -RP) to Low Density Single -Family Residential (RS -5); and WHEREAS, the Comprehensive Plan indicates that this area is suitable for "conservation design" including residential development; and WHEREAS, the Planning and Zoning Commission has reviewed the proposed rezoning and has recommended the application be approved. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I APPROVAL. Property described below is hereby zoned RS -5, as defined in the Iowa City Code of Ordinances: PART OF THE NORTHWEST QUARTER AND PART OF THE NORTHEAST QUARTER OF SECTION 12, TOWNSHIP 79 NORTH, RANGE 7 WEST OF THE 5TH PRINCIPAL MERIDIAN, IOWA CITY, JOHNSON COUNTY, IOWA AND A PART OF AUDITOR'S PARCEL NO. 2012052 AS RECORDED IN BOOK 56, PAGE 379 IN THE OFFICE OF THE JOHNSON COUNTY, IOWA RECORDER DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTH QUARTER CORNER OF SAID SECTION 12; THENCE S0001'43"W ALONG THE EAST LINE OF THE NORTHEAST QUARTER OF SAID NORTHWEST QUARTER A DISTANCE OF 476.71 FEET TO THE SOUTHERLY CORPORATE LIMIT LINE AS ESTABLISHED IN THE CORALVILLE VOLUNTARY ANNEXATION AND RECORDED IN BOOK 3873, PAGES 868-897 IN THE OFFICE OF THE JOHNSON COUNTY, IOWA RECORDER AND THE POINT OF BEGINNING; THENCE N89003'28"E 198.73 FEET ALONG SAID SOUTHERLY CORPORATE LIMIT LINE; THENCE SOUTHEASTERLY 179.94 FEET ALONG SAID SOUTHERLY CORPORATE LIMIT LINE AND THE ARC OF A 500.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY (CHORD BEARS S80°37'57"E 178.97 FEET) TO THE WESTERLY LINE OF AUDITOR'S PARCEL 2014116 AS RECORDED IN BOOK 59, PAGES 93-94 IN THE OFFICE OF THE JOHNSON COUNTY RECORDER; THENCE S19°40'38"W 33.00 FEET ALONG SAID WESTERLY LINE TO THE SOUTHERLY LINE OF SAID AUDITOR'S PARCEL 2014116; THENCE SOUTHEASTERLY 41.84 FEET ALONG SAID SOUTHERLY LINE AND THE ARC OF A 25.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY (CHORD BEARS S22°22'51"E 37.12 FEET); THENCE S25°33'40"W 10.00 FEET ALONG SAID SOUTHERLY LINE; THENCE S64°26'20"E 60.00 FEET ALONG SAID SOUTHERLY LINE; THENCE N25°33'40"E 12.33 FEET ALONG SAID SOUTHERLY LINE; THENCE NORTHEASTERLY 39.27 FEET ALONG SAID SOUTHERLY LINE AND THE ARC OF A 25.00 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY (CHORD BEARS N70°33'40"E 35.36 FEET); THENCE S64026'20"E 111.50 FEET ALONG SAID SOUTHERLY LINE; THENCE S21°10'50'1N 132.95 FEET; THENCE S9°15'18"W 55.00 FEET; THENCE S0018'19"E 55.00 FEET; THENCE S84°54'52"W 200.00 FEET; THENCE NORTHWESTERLY 16.52 FEET ALONG THE ARC OF A 530.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY (CHORD BEARS N4°11'32"W 16.52 FEET); THENCE S86042'03"W 215.79 FEET; THENCE S14°30'51"W 68.49 FEET; THENCE S21°48'05"W 170.86 FEET; THENCE S53013'37"W 209.13 FEET; THENCE S83°36'43"W 156.77 FEET; THENCE N90°00'00"W 54.43 FEET; THENCE N77°18'31"W 165.31 FEET; THENCE N48°44'54"W 170.57 FEET; THENCE NI 1'42'33'W 162.03 FEET; THENCE N9044'33"W 200.00 FEET; THENCE N7°53'36"W 108.12 FEET; THENCE N2°10'27"W 109.15 FEET; THENCE NO°56'32"W 33.00 FEET TO SAID SOUTHERLY CORPORATE LIMIT LINE; THENCE N89003'28"E 739.30 FEET ALONG SAID SOUTHERLY CORPORATE LIMIT LINE TO THE POINT OF BEGINNING. 13 Ordinance No. 16-4652 Page 2• SAID PARCEL CONTAINS 16.18 ACRES, SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. SECTION II. ZONING MAP. The Building Inspector is hereby authorized and directed to change the zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval and publication of this ordinance by law. SECTION III. CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance, the City Clerk is hereby authorized and directed to certify a copy of this ordinance and to record the same, at the office of the County Recorder of Johnson County, Iowa, at the owners expense, all as provided by law. SECTION IV. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION V. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION VI. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this 5th day of January 2016 M OR61/ : roved A PP by: eATTESTr. CITY CL City Attomey's Office CORPORATE SEAL la Ordinance No. 16-4652 Page 3 It was moved by Mims and seconded by Botchway that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: ABSTAIN: x Botchway x Cole x Dickens x Mims x Taylor x Thomas x Throgmorton First Consideration 12/15/2015 Vote for passage: AYES: Dobyns, Hayek, Mims, Payne, Throgmorton, Botchway, Dickens. NAYS: None. ABSENT: None. Second Consideration _ Vote for passage: Date published 14/2016 Moved by Mims, seconded by Botchway, that the rule requiring ordinances to be considered and voted on for passage at two Council meetings prior to the meeting at which iti.is to be finally passed be suspended, the second consideration and vote be waived and the ordinance be voted upon for final passage at this time. AYES: Cole, Dickens, Mims, Taylor, Thomas, Throgmorton, Botchway. NAYS: None. ABSENT: None. IN �ee Doc ID: 026203260052 Type: GEN Kind: SUBDIVISION Recorded: 01/22/2016 at 01:48:33 PM it""1112+J1D Fee Amt: $262.00 Page 1 of 52 Johnson County Iowa Kim Painter County Recorder_ BK5467 PG95-146 CIN OF IOWA CITY 410 East Washington Street Iowa City. Iowa 52240-1826 (319) 356-5000 STATE OF IOWA ) www. gov.or 09 FAX www.icgov.org ) SS JOHNSON COUNTY )' Lo S I, Marian K. Karr, City Clerk of Iowa City, Iowa, do hereby certify that the Resolution attached hereto is a true and correct copy of Resolution No.15-388, which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 15th day of December, 2015, all as the same Q appears of record in my office. Also attached are the final legal documents for Saddlebrook •77 Addition, Part 3, Iowa City, Iowa. 1+ Dated at Iowa City, Iowa, this Z1 day ofu , 2015. � _JI n Marian . Karr J Ea City Clerk fires subdivision CORPORATE,:SEAL 3 t17; . Prepared by: Sarah Walz, Associate Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5239 (SUB15-0000?) RESOLUTION NO. 15-388 RESOLUTION APPROVING FINAL PLAT OF SADDLEBROOK ADDITION, PART 3, IOWA CITY, IOWA. WHEREAS, the owner, Paddock LLC, filed with the City Clerk the final plat of Saddlebrook Addition, Part 3, Iowa City, Iowa, Johnson County, Iowa; and WHEREAS, said subdivision is located on the following -described real estate in Iowa City, Johnson County, Iowa, to wit: A PORTION OF LOT 4 AND LOT 6 OF SADDLEBROOK ADDITION PART 2 AS RECORDED IN PLAT BOOK 3469 PAGE 205 AT THE JOHNSON COUNTY RECORDER'S OFFICE LYING IN THE NORTHWEST QUARTER AND WEST HALF OF THE NORTHEAST QUARTER OF SECTION 25 AND THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 24 AND A PORTION OF AUDITOR'S PARCEL 2004093 AS RECORDED IN PLAT BOOK 48, PAGE 161 AT THE JOHNSON COUNTY RECORDER'S OFFICE LYING IN THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER AND THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 25, ALL LOCATED IN TOWNSHIP 80 NORTH, RANGE 6 WEST OF THE THIRD PRINCIPAL MERIDIAN, IOWA CITY, IOWA DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 6; THENCE S86042'48"E ALONG THE NORTH LINE OF SAID LOT 6, A DISTANCE OF 479.22 FEET; THENCE N89050'58"E ALONG SAID NORTH LINE, A DISTANCE OF 95.50 FEET; THENCE S84047'41"E ALONG SAID NORTH LINE, A DISTANCE OF 32.14 FEET; THENCE N89050'58"E ALONG SAID NORTH LINE, A DISTANCE OF 46.39 FEET, THENCE S86°12'17"E ALONG SAID NORTH LINE, A DISTANCE OF 108.17 FEET; THENCE S82015'33"E ALONG SAID NORTH LINE, A DISTANCE OF 185.62 FEET TO SOUTHEAST CORNER OF LEASED LOT 158 OF SAID SADDLEBROOK ADDITION PART 2; THENCE N00009'02"W, A DISTANCE OF 186.52 FEET ALONG SAID LEASED LOT 158, LEASED LOT 159 AND THE SOUTHERN 41.67 FEET OF LEASED LOT 160 ALL A PART OF SAID SADDLEBROOK ADDITION PART 2, THENCE N09°58'31"E, A DISTANCE OF 11.73 FEET TO THE NORTHEAST CORNER OF SAID LOT 160; THENCE N09057'13"E, A DISTANCE OF 57.84 FEET TO THE NORTHEAST CORNER OF LEASED LOT 161 OF SAID SADDLEBROOK ADDITION PART 2 AND THE SOUTHERLY RIGHT-OF-WAY OF PADDOCK CIRCLE; THENCE S80002'47"E ALONG SAID SOUTHERLY RIGHT-OF-WAY, A DISTANCE OF 64.45 FEET TO A POINT OF CURVATURE; THENCE SOUTHERLY ALONG SAID SOUTHERLY RIGHT-OF-WAY BEING A CURVE TO THE LEFT HAVING A RADIUS OF 512.00 FEET AND AN ARC LENGTH 61.27 FEET; THENCE S86054'09"E ALONG SAID SOUTHERLY RIGHT-OF-WAY, A DISTANCE OF 282.80 FEET TO A POINT OF CURVATURE; THENCE NORTHERLY ALONG SOUTHERLY RIGHT-OF-WAY BEING A CURVE TO THE LEFT HAVING A RADIUS OF 126.00 FEET AND AN ARC LENGTH 84.51 FEET TO A POINT OF CURVATURE; THENCE SOUTHERLY ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 25.00 FEET AND AN ARC LENGTH 32.65 FEET; THENCE S20009'17"E, A DISTANCE OF 23.84 FEET TO A POINT OF CURVATURE; THENCE SOUTHERLY ALONG CURVE TO THE RIGHT HAVING A RADIUS OF 162.00 FEET AND AN ARC LENGTH OF 85.53 FEET TO A POINT OF CURVATURE; THENCE SOUTHERLY ALONG CURVE TO THE RIGHT HAVING A RADIUS OF 775.49 FEET AND AN ARC LENGTH 27.16 FEET TO A POINT OF CURVATURE; THENCE SOUTHERLY ALONG CURVE TO THE LEFT OF THE LAST DESCRIBED CURVE HAVING A RADIUS OF 792.38 FEET AND AN ARC LENGTH 5.51 FEET; THENCE S09°06'36"W, A DISTANCE OF 3.56 FEET, THENCE S82°15'33"E, A DISTANCE OF 257.03 FEET TO A POINT OF CURVATURE; THENCE EASTERLY ALONG CURVE TO THE LEFT HAVING A RADIUS OF 266.00 FEET AND AN ARC LENGTH OF 35.88 FEET; THENCE S89059'15"E, A DISTANCE OF 99.88 FEET TO A POINT ALONG THE WESTERLY RIGHT-OF-WAY OF HEINZ ROAD; THENCE S00°00'45"W, A DISTANCE OF 166.35 FEET TO A POINT OF CURVATURE; THENCE SOUTHERLY ALONG SAID WESTERLY RIGHT-OF-WAY BEING A CURVE TO THE RIGHT HAVING A RADIUS OF 460.00 FEET AND AN ARC LENGTH OF 151.98 FEET; THENCE S18056'31", A DISTANCE OF 56.57 FEET TO A POINT OF CURVATURE; THENCE SOUTHERLY ALONG SAID WESTERLY RIGHT-OF- WAY BEING A CURVE TO THE LEFT HAVING A RADIUS OF 390.00 FEET AND AN ARC LENGTH OF 234.52 FEET TO A POINT OF REVERSE CURVE; THENCE WESTERLY ALONG CURVE TO THE RIGHT Resolution No. 1388 Page 2 HAVING RADIUS OF 15.00 FEET AND AN ARC LENGTH OF 21.83 FEET TO A POINT ALONG THE NORTHERLY RIGHT-OF-WAY OF PROPOSED PARKWAY; THENCE S67052'28"W, A DISTANCE OF 64.13 FEET TO A POINT OF CURVATURE; THENCE WESTERLY ALONG SAID RIGHT-OF-WAY BEING A CURVE TO THE RIGHT HAVING A RADIUS OF 960.00 FEET AND AN ARC LENGTH OF 623.34 FEET; THENCE N75002'01"W ALONG SAID RIGHT-OF-WAY, A DISTANCE OF 509.92 FEET TO A POINT OF CURVATURE; THENCE WESTERLY ALONG SAID RIGHT-OF-WAY BEING A CURVE TO THE LEFT HAVING A RADIUS OF 1040.00 FEET AND AN ARC LENGTH 617.53 FEET TO THE SOUTHWEST CORNER OF SAID LOT 6; THENCE N00009'02"W, A DISTANCE OF 596.92 FEET TO THE POINT OF BEGINNING. SAID TRACT OF LAND CONTAINING 27.78 ACRES MORE OR LESS, AND IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. WHEREAS, the Department of Neighborhood and Development Services and the Public Works Department examined the proposed final plat and subdivision, and recommended approval; and WHEREAS, said final plat is a resubdivision of a portion of Saddlebrook Addition, Part 2; and WHEREAS, pursuant to the conditional zoning agreement entered into by and between the City and Owner, recorded at Book 5335, Page 558, an amendment to the Saddlebrook Addition, Part 2 subdivider's agreement is necessary to address the installation of public improvements that benefit both Saddlebrook Addition, Part 2 and 3; and WHEREAS, a dedication has been made to the public, and the subdivision has been made with the free consent and in accordance with the desires of the owners and proprietors; and WHEREAS, said final plat and subdivision are found to conform with Chapter 354, Code of Iowa (2015) and all other state and local requirements. 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 amendment to the Saddlebrook Addition, Part 2 Subdivider's Agreement, recorded at Book 3037, Page 304, to address the above-described conditional zoning agreement is hereby approved. 3. Upon completion of Heinz Road to its intersection with Mustang Lane, the City accepts the dedication of the streets and easements as provided by law and specifically sets aside portions of the dedicated land, namely streets, as not being open for public access at the time of recording for public safety reasons. 4. The Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed, upon approval by the City Attorney, to execute all legal documents relating to said subdivision and amendment, 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 15th day of December _,2015 pcd/templates/Final Plat -3rd Resolution (3(.doc.doc Resolution No. 15-388 Page 3 MAYOR r�weco.. R Approved by City Attorney's Office It was moved by Mims and seconded by Dobyns the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Botchway Dickens Dobyns Hayek Mims Payne Throgmorton pcd/lemplates/Final Plat -3rd Resolution (3).Eoc.Eoc 3 Prepared by: Michael J. Pugh 1100 Sixth Street, Suite 102 (319) 351-2028 Pugh Hagan Prahm PLC Coralville, Iowa facsimile (319) 351-1102 SUBDMDER'S AGREEMENT SADDLEBROOK ADDITION PART 3 THIS AGREEMENT made by and between The Paddock, LLC and Clubhouse Investments, LLC, hereinafter collectively 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 Saddlebrook Addition Part 3, A Re - Subdivision of Lot 4 and Lot 6, Saddlebrook Addition Part 2, 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 Mustang Lane and Shire Lane. (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 temporary turnaround located at the south end of Shire Lane. The paving, storm sewers, water mains and sanitary sewers are hereinafter referred to as "Improvements." Notwithstanding the above, the City may issue a building permit for Lot 1 upon the approval of the final plat for the Subdivision and compliance with Section 4 herein. 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 (00061756) 13 City's agent during the original construction and installation of said Improvements. The parties agree that the obligation to install the Public Improvement(s) herein shall be in accordance with City specifications, and the obligation shall remain on the Subdivider until completion by the Subdivider, and until acceptance by the City, as provided by law. Section 2. Construction of Improvements. The Improvements described in Section 1 of this Agreement shall be constructed and installed by the Subdivider according to plans and specifications approved by the City Engineer of the City of Iowa City, who shall have the right to make occasional inspection of the work in progress. Such inspections shall not relieve or release the Subdivider from its responsibility to construct said Improvements in accordance with the approved plans and specifications. Further, said inspections shall not create a duty or warranty on the part of the City that the construction of said Improvements are in compliance with said plans and specifications. Section 3. Sidewalks. The Subdivider agrees to install sidewalks adjacent to Mustang Lane and Shire Lane. 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. 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. Section 4. Building Permits and Escrow Monies. If the Subdivider should desire a building permit for a building on any lot in said subdivision before the Improvements have been installed, the Subdivider shall deposit with the Department of Housing and Inspection Services, in escrow, an amount equal to the estimated cost of constructing said Improvements plus ten percent (10%) thereof (hereinafter "Improvements Escrovv'). 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. Notwithstanding the forgoing, in no case shall a building permit be issued for Lot 2 until Subdivider has (i) installed and had accepted by the City that portion of Mustang Lane located west of Heinz Road, as shown on the Final Plat, and (ii) installed and had accepted by the City that portion of Heinz Road from Shetland Lane south to Mustang Lane, as shown on the final plat for Saddlebrook Addition Part 2. The Improvements Escrow shall not be available in lieu of installing the improvements required by this paragraph or Section 1 herein prior to the issuance of a building permit for any development activity on Lot 2 of the Subdivision. In addition to the Improvements Escrow, Subdivider has previously deposited 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 {00061756} WJ 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. In addition to the forgoing and the provisions of Section 11(b) herein, prior to the City issuing a building permit for Lot 1 the Subdivider shall provide the City with a statement from an engineer indicating that the stormwater management facilities are adequate to handle the proposed development and that all necessary modifications due to the extension of McCollister Boulevard can be constructed on site. Section 5. Occupancy Permit. Prior to the issuance of an occupancy permit for any structure erected pursuant to Section 4, the City in its discretion may require the Subdivider, its assigns or successors in interest, to construct and install the Improvements as stated in Section 1 and the sidewalk as stated in Section 3. Notwithstanding the above, upon the construction of Improvements on Lot 1, and acceptance by the City, Subdivider may obtain an occupancy permit for Lot 1. The Subdivider shall extend Shire Lane to the McCollister Boulevard right-of-way, construct a temporary turnaround at the south end of Shire Lane, and deposit with the City in escrow an amount equal to the cost of removing said temporary turnaround upon the completion of the extension of McCollister Boulevard. Said escrow amount shall be returned to the Subdivider if McCollister Boulevard is not constructed and open to the public by January 1, 2026. Section 6. Use of Escrow Monies. If, after the issuance of an occupancy permit, the Improvements have not been constructed and installed, the City may use funds deposited in the Improvements Escrow to construct and install such Improvements. If the cost of the construction and installation of said Improvements exceeds the amount of said escrows, the City shall have a lien and charge against all the lots in the subdivision for the balance of the cost. After the construction and installation of the Improvements, the City shall refund to the Subdivider any Improvements Escrow monies not used by the City for the construction and installation of such Improvements. Section 7. Waiver. If the Subdivider, its assigns or successors in interest, sells or conveys lots in the Subdivision without first constructing or installing the required Improvements or sidewalks, the City shall have the right to install and construct said Improvements or sidewalks. Subdivider acknowledges and agrees that all lots in the subdivision are specifically benefited by the Improvements, so the cost of installing and constructing Improvements shall be a lien and charge against all the lots in the subdivision under Chapter 384 of the 2015 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 {00061756} 3 date of execution and recording of this agreement until properly released, as hereinafter provided. Section 8. Release. The City agrees that when the Improvements have been installed as required to the satisfaction of the City, the City will, upon request, promptly issue to the Subdivider, for recording in the Office of the Johnson County Recorder, a good and sufficient release for the lots in the subdivision so that this Agreement will not constitute a cloud upon the title of the lots in the subdivision. The Iowa City Mayor and City Clerk are hereby authorized to execute said release, and all other necessary and appropriate releases, with the concurrence of the City Attorney and City Engineer. A separate sidewalk lien release will be issued where appropriate as set forth in Section 3. This section also authorizes the execution of one or more limited release agreements, based on the escrows for improvements as contemplated by Section 4 above and as may be acceptable to the City. The City does hereby further release any lien constituting a cloud upon the title of the property contained within the Subdivision arising from that certain Subdivider's Agreement regarding the development of Saddlebrook Addition Part 2 (including a resubdivision of Lot 4 of Saddlebrook Addition, Part 1), dated February 6, 2001, and recorded February 20, 2001, in Book 3037, at Page 304, of the records of Johnson County, Iowa. Section 9. Street Maintenance and Public Services. The Subdivider agrees that public services, including but not limited to street maintenance, snow removal, and solid waste collection, will not be extended to the subdivision until Shire Lane, Mustang Lane and Heinz Road (to its intersection with Mustang Lane) are installed and accepted by the City. The City shall accept dedication of Shire Lane as a public improvement concurrent with the dedication of Heinz Road and Mustang Lane; provided, however, that prior to said dedication, the City's Public Works Department shall inspect Shire Lane and Subdivider shall make any repairs deemed necessary prior to dedication. Section 10. Conditional Zoning Agreement. Subdivider acknowledges that it is bound by the terms and conditions of the Conditional Zoning Agreement entered into between The Paddock, LLC, and the City, recorded February 26, 2015, in Book 5335, at Page 558, of the records of Johnson County, Iowa, which pertains to Lot 1. Section 11. Miscellaneous. (a) All electrical, telephone and cable television service and distribution lines shall be installed underground. (b) The parties acknowledge that the Subdivision will be served by existing stormwater management facilities located as shown on the Final Plat, a part of which currently encroaches upon City -owned property that the City intends to utilize for the future construction of McCollister Boulevard. At such time as City determines to construct McCollister Boulevard, Subdivider shall time perform any and all modifications to the existing storm water management facilities necessary to eliminate said encroachment. Subdivider shall bear the cost of any and all modifications. {00061756) (c) Plat notes and surveyor's notes on plats serve to provide notice of how a subdivision is expected to develop. Said notes are not intended to create any vested private interest in any stated use restriction or covenant, or create any third party beneficiaries to any noted use restriction or covenant. The City reserves the right, in its sole discretion, subject to any applicable public notice and approval process required by law, to alter or amend any plat note, or to sell or vacate any right-of-way, street, alley, park, easement, open area or other land set apart and dedicated for public use within the plat. The City further reserves the right, upon request of the owner or successor in interest, to vacate the plat and/or relocate any easement, alter lot boundaries or allow said land to be replatted subject to any applicable public notice and approval process required by law. 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 /`i day of December, 2015. THE PADDOCK, LLC By: AM Management, Inc., Its Manager By: Steve Gordon, Vice -President CLUBHOUSE INVESTMENTS, LLC By: AM Management, Inc., Its Manager By: Steve Gordon, Vice -President CITY OF IOWA CITY, IOWA By: Matthew J. Hayek, Mayor By:C!/� �t�,J 7( 1CG1A-A l M in K. Karr, City Clerk STATE OF IOWA, COUNTY OF JOHNSON, ss: This instrument was acknowledged before me on this /`/t4 day of December, 2015, by Steve Gordon, Vice -President of AM Management, IManaggr of The Paddock, LLC. MICHAEL JPUGH Notary Public in an for sai tatee Cwnmwdon Nunbcr17 UynWM July 26, 2018es {00061756} 3 STATE OF IOWA, COUNTY OF JOHNSON, ss: This instrument was acknowledged before me on this /9K day of December, 2015, by Steve Gordon, Vice -President of AM Management, Inc., Manager of Clubhouse Investments, LLC. A4�4 - tvte� ? Cornmtasiar Number 175282 Notary Nota Public in and fo said S to '1�,R" MYCanmie�F�ires July 26, 2018 STATE OF IOWA, COUNTY OF JOHNSON, ss: On this �Jrt day of December, 2015, before me, the undersigned, a Notary Public in and for said County and State, personally appeared Matthew J. Hayek and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa, a municipal corporation; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and the instrument was signed and sealed on behalf of the corporation by authority of its City Council, and the said Mayor and City Clerk did acknowledge the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. -¢:fit s, KELLIE K. TUTTLE Cornrniai'n'lumber 221819 iy C m issi n E'P'res � �Ivu• Kee Ci e� Ae Notary Public in and for said State {00081758} nh Prepared by: Michael J. Pugh 1100 Sixth Street, Suite 102 (319) 351-2028 Pugh Hagan Prahm PLC Coralville, Iowa facsimile (319) 351-1102 OWNER'S CERTIFICATE AND DEDICATION SADDLEBROOK ADDITION PART 3 KNOW ALL MEN BY THESE PRESENTS: The Paddock, LLC does hereby certify and state that it is an owner and proprietor of the following described real estate situated in Johnson County, Iowa, to -wit: See Exhibit "A" The Paddock, LLC does further state that the subdivision of said real estate as it appears on the Final Plat of Saddlebrook Addition Part 3, to which this certification and dedication is attached, is with its free consent and in accordance with the desire of said proprietor. The street and easements in the subdivision, hereinafter known and designated as Saddlebrook Addition Part 3, Iowa City, Iowa, are hereby dedicated to the public, as provided by Chapter 354 of the 2015 Code of Iowa, as amended. The undersigned agrees to perform all maintenance and repair of Mustang Lane and Shire Lane, including, but not limited to, solid waste collection and snow removal until such time as the City accepts Shire Lane, Mustang Lane and Heinz Road (to its intersection with Mustang Lane) as public improvements. IN WITNESS WHEREOF, the proprietors have caused these presents to be signed on this Nlday of December, 2015. {00059934) THE PADDOCK, LLC By: AM Management, Inc., Its Manager By:jr� Steve Gordon, Vice -President 1 STATE OF IOWA, COUNTY OF JOHNSON, ss: This instrument was acknowledged before me on this -V day of December, 2015, by Steve Gordon, Vice -President of AM Management, Inc., Manager of The Paddock, LLC. Notary Public in a4fcffsaid t to MICHAEL 0DMMbdMNUrJ PUGH My COMMI 175282 Juty 26, 2011 f000599341 2 3 EXHIBIT "A" LEGAL DESCRIPTION SADDLEBROOK ADDITION PART 3 A PORTION OF LOT 4 AND LOT 6 OF SADDLEBROOK ADDITION PART 2 AS RECORDED IN PLAT BOOK 42 PAGE 246 AT THE JOHNSON COUNTY RECORDER'S OFFICE LYING IN THE NORTHWEST QUARTER AND WEST HALF OF THE NORTHEAST QUARTER OF SECTION 25 AND THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 24 LOCATED IN TOWNSHIP 79 NORTH, RANGE 6 WEST OF THE FIFTH PRINCIPAL MERIDIAN, IOWA CITY, IOWA DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 6; THENCE S86°42'48"E ALONG THE NORTH LINE OF SAID LOT 6, A DISTANCE OF 479.37 FEET; THENCE N89050'58"E ALONG SAID NORTH LINE, A DISTANCE OF 95.50 FEET; THENCE S84047'41"E ALONG SAID NORTH LINE, A DISTANCE OF 32.14 FEET; THENCE N89050'58"E ALONG SAID NORTH LINE, A DISTANCE OF 46.39 FEET, THENCE S86012'17"E ALONG SAID NORTH LINE, A DISTANCE OF 108.17 FEET; THENCE S82015'33"E ALONG SAID NORTH LINE, A DISTANCE OF 185.62 FEET TO SOUTHEAST CORNER OF LEASED LOT 158 OF SAID SADDLEBROOK ADDITION PART 2; THENCE N00°09'02"W, A DISTANCE OF 186.52 FEET ALONG SAID LEASED LOT 158, LEASED LOT 159 AND THE SOUTHERN 41.67 FEET OF LEASED LOT 160 ALL A PART OF SAID SADDLEBROOK ADDITION PART 2, THENCE N09°58'31"E, A DISTANCE OF 11.73 FEET TO THE NORTHEAST CORNER OF SAID LOT 160; THENCE N09057'13"E, A DISTANCE OF 57.84 FEET TO THE NORTHEAST CORNER OF LEASED LOT 161 OF SAID SADDLEBROOK ADDITION PART 2 BEING THE SOUTHERLY RIGHT-OF-WAY OF PADDOCK CIRCLE; THENCE S80°02'47"E ALONG SAID SOUTHERLY RIGHT-OF-WAY, A DISTANCE OF 64.45 FEET TO A POINT OF CURVATURE; THENCE EASTERLY ALONG SAID SOUTHERLY RIGHT-OF-WAY BEING A CURVE TO THE LEFT HAVING A RADIUS OF 512.00 FEET, AN ARC LENGTH 61.27 FEET; THENCE S86054'09"E ALONG SAID SOUTHERLY RIGHT-OF-WAY, A DISTANCE OF 282.80 FEET TO A POINT OF CURVATURE; THENCE EASTERLY ALONG SOUTHERLY RIGHT-OF-WAY BEING A CURVE TO THE LEFT HAVING A RADIUS OF 126.00 FEET, AN ARC LENGTH 84.51 FEET TO A POINT OF CUSP; THENCE SOUTHERLY ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 25.00 FEET AND A CHORD BEARING OF S17015'07"W, AN ARC LENGTH 32.65 FEET; THENCE S20°09'17"E, A DISTANCE OF 23.84 FEET TO A POINT OF CURVATURE; THENCE SOUTHERLY ALONG CURVE TO THE RIGHT HAVING A RADIUS OF 162.00 FEET, AN ARC LENGTH OF 85.53 FEET TO A POINT OF COMPOUND CURVATURE; THENCE SOUTHERLY ALONG CURVE TO THE RIGHT HAVING A RADIUS OF 1040.00 FEET, AN ARC LENGTH 32.88 FEET; THENCE S09°06'36"W, A DISTANCE OF 3.56 FEET, THENCE S82°15'33"E, A DISTANCE OF 288.80 FEET TO A POINT OF CURVATURE; THENCE EASTERLY ALONG CURVE TO THE LEFT HAVING A RADIUS OF 266.00 FEET, AN ARC LENGTH OF 35.76 FEET; THENCE S89059'15"E, A DISTANCE OF 68.36 FEET TO A POINT ALONG THE WESTERLY RIGHT-OF-WAY OF HEINZ ROAD; THENCE S00°00'45"W ALONG SAID WESTERLY RIGHT-OF-WAY, A DISTANCE OF 163.03 FEET TO A POINT OF CURVATURE; THENCE SOUTHERLY ALONG SAID WESTERLY RIGHT-OF-WAY BEING A CURVE TO THE RIGHT HAVING A RADIUS OF 460.00 FEET, AN ARC LENGTH OF 151.98 FEET; THENCE S18°56'31"W ALONG SAID WESTERLY RIGHT- OF-WAY, A DISTANCE OF 56.57 FEET TO A POINT OF CURVATURE; THENCE SOUTHERLY ALONG SAID WESTERLY RIGHT-OF-WAY BEING A CURVE TO THE LEFT HAVING A RADIUS OF 390.00 FEET, AN ARC LENGTH OF 234.52 FEET TO A POINT OF {00059934} 3 3 REVERSE CURVE; THENCE WESTERLY ALONG CURVE TO THE RIGHT HAVING RADIUS OF 15.00 FEET, AN ARC LENGTH OF 21.83 FEET TO A POINT ALONG THE NORTHERLY RIGHT-OF-WAY OF FUTURE PARKWAY COMMONLY KNOWN AS McCOLLISTER BOULEVARD; THENCE S67°52'28"W, A DISTANCE OF 64.13 FEET TO A POINT OF CURVATURE; THENCE WESTERLY ALONG SAID RIGHT-OF-WAY BEING A CURVE TO THE RIGHT HAVING A RADIUS OF 960.00 FEET, AN ARC LENGTH OF 623.34 FEET; THENCE N75002'01"W ALONG SAID RIGHT-OF-WAY, A DISTANCE OF 509.92 FEET TO A POINT OF CURVATURE; THENCE WESTERLY ALONG SAID RIGHT-OF-WAY BEING A CURVE TO THE LEFT HAVING A RADIUS OF 1040.00 FEET, AN ARC LENGTH 617.66 FEET TO THE SOUTHWEST CORNER OF SAID LOT 6; THENCE N00°09'02"W, A DISTANCE OF 597.88 FEET TO THE POINT OF BEGINNING. SAID TRACT OF LAND CONTAINING 27.78 ACRES MORE OR LESS, AND IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. {00059934} 4 9 Prepared by: Michael J. Pugh 1100 Sixth Street, Suite 102 (319) 351-2028 Pugh Hagan Prahm PLC Coralville, Iowa facsimile (319) 351-1102 OWNER'S CERTIFICATE AND DEDICATION SADDLEBROOK ADDITION PART 3 KNOW ALL MEN BY THESE PRESENTS: Clubhouse Investments, LLC does hereby certify and state that it is an owner and proprietor of the following described real estate situated in Johnson County, Iowa, to -wit: See Exhibit "A" Clubhouse Investments, LLC does further state that the subdivision of said real estate as it appears on the Final Plat of Saddlebrook Addition Part 3, to which this certification and dedication is attached, is with its free consent and in accordance with the desire of said proprietor. The street and easements in the subdivision, hereinafter known and designated as Saddlebrook Addition Part 3, Iowa City, Iowa, are hereby dedicated to the public, as provided by Chapter 354 of the 2015 Code of Iowa, as amended. The undersigned agrees to perform all maintenance and repair of Mustang Lane and Shire Lane, including, but not limited to, solid waste collection and snow removal until such time as the City accepts Shire Lane, Mustang Lane and Heinz Road (to its intersection with Mustang Lane) as public improvements. IN WITNESS WHEREOF, the proprietors have caused these presents to be signed on this /44 day of December, 2015. CLUBHOUSE INVESTMENTS, LLC By: AM Management, Inc., Its Manager By: Steve Gordon, Vice -President {00059943) :3 STATE OF IOWA, COUNTY OF JOHNSON, ss: This instrument was acknowledged before me on this III& day of December, 2015, by Steve Gordon, Vice -President of AM Management, Inc., Manager of Clubhouse Investments, LLC. yy MICHAEL J PUGH FCcmm4sdon Number 175262 My commission Expires July 26, 2018 {00059943} EXHIBIT "A" LEGAL DESCRIPTION SADDLEBROOK ADDITION PART 3 A PORTION OF LOT 4 AND LOT 6 OF SADDLEBROOK ADDITION PART 2 AS RECORDED IN PLAT BOOK 42 PAGE 246 AT THE JOHNSON COUNTY RECORDER'S OFFICE LYING IN THE NORTHWEST QUARTER AND WEST HALF OF THE NORTHEAST QUARTER OF SECTION 25 AND THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 24 LOCATED IN TOWNSHIP 79 NORTH, RANGE 6 WEST OF THE FIFTH PRINCIPAL MERIDIAN, IOWA CITY, IOWA DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 6; THENCE S86°42'48"E ALONG THE NORTH LINE OF SAID LOT 6, A DISTANCE OF 479.37 FEET; THENCE N89050'58"E ALONG SAID NORTH LINE, A DISTANCE OF 95.50 FEET; THENCE S84047'41"E ALONG SAID NORTH LINE, A DISTANCE OF 32.14 FEET; THENCE N89050'58"E ALONG SAID NORTH LINE, A DISTANCE OF 46.39 FEET, THENCE S86012'17"E ALONG SAID NORTH LINE, A DISTANCE OF 108.17 FEET; THENCE S82015'33"E ALONG SAID NORTH LINE, A DISTANCE OF 185.62 FEET TO SOUTHEAST CORNER OF LEASED LOT 158 OF SAID SADDLEBROOK ADDITION PART 2; THENCE N00009'02"W, A DISTANCE OF 186.52 FEET ALONG SAID LEASED LOT 158, LEASED LOT 159 AND THE SOUTHERN 41.67 FEET OF LEASED LOT 160 ALL A PART OF SAID SADDLEBROOK ADDITION PART 2, THENCE N09058'31"E, A DISTANCE OF 11.73 FEET TO THE NORTHEAST CORNER OF SAID LOT 160; THENCE N09°57'13"E, A DISTANCE OF 57.84 FEET TO THE NORTHEAST CORNER OF LEASED LOT 161 OF SAID SADDLEBROOK ADDITION PART 2 BEING THE SOUTHERLY RIGHT-OF-WAY OF PADDOCK CIRCLE; THENCE S80°02'47"E ALONG SAID SOUTHERLY RIGHT-OF-WAY, A DISTANCE OF 64.45 FEET TO A POINT OF CURVATURE; THENCE EASTERLY ALONG SAID SOUTHERLY RIGHT-OF-WAY BEING A CURVE TO THE LEFT HAVING A RADIUS OF 512.00 FEET, AN ARC LENGTH 61.27 FEET; THENCE S86054'09"E ALONG SAID SOUTHERLY RIGHT-OF-WAY, A DISTANCE OF 282.80 FEET TO A POINT OF CURVATURE; THENCE EASTERLY ALONG SOUTHERLY RIGHT-OF-WAY BEING A CURVE TO THE LEFT HAVING A RADIUS OF 126.00 FEET, AN ARC LENGTH 84.51 FEET TO A POINT OF CUSP; THENCE SOUTHERLY ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 25.00 FEET AND A CHORD BEARING OF S17015'07"W, AN ARC LENGTH 32.65 FEET; THENCE S20°09'17"E, A DISTANCE OF 23.84 FEET TO A POINT OF CURVATURE; THENCE SOUTHERLY ALONG CURVE TO THE RIGHT HAVING A RADIUS OF 162.00 FEET, AN ARC LENGTH OF 85.53 FEET TO A POINT OF COMPOUND CURVATURE; THENCE SOUTHERLY ALONG CURVE TO THE RIGHT HAVING A RADIUS OF 1040.00 FEET, AN ARC LENGTH 32.88 FEET; THENCE S09°06'36"W, A DISTANCE OF 3.56 FEET, THENCE S82015'33"E, A DISTANCE OF 288.80 FEET TO A POINT OF CURVATURE; THENCE EASTERLY ALONG CURVE TO THE LEFT HAVING A RADIUS OF 266.00 FEET, AN ARC LENGTH OF 35.76 FEET; THENCE S89°59'15"E, A DISTANCE OF 68.36 FEET TO A POINT ALONG THE WESTERLY RIGHT-OF-WAY OF HEINZ ROAD; THENCE S00°00'45"W ALONG SAID WESTERLY RIGHT-OF-WAY, A {00059943} 3 3 DISTANCE OF 163.03 FEET TO A POINT OF CURVATURE; THENCE SOUTHERLY ALONG SAID WESTERLY RIGHT-OF-WAY BEING A CURVE TO THE RIGHT HAVING A RADIUS OF 460.00 FEET, AN ARC LENGTH OF 151.98 FEET; THENCE S18056'31"W ALONG SAID WESTERLY RIGHT-OF-WAY, A DISTANCE OF 56.57 FEET TO A POINT OF CURVATURE; THENCE SOUTHERLY ALONG SAID WESTERLY RIGHT-OF-WAY BEING A CURVE TO THE LEFT HAVING A RADIUS OF 390.00 FEET, AN ARC LENGTH OF 234.52 FEET TO A POINT OF REVERSE CURVE; THENCE WESTERLY ALONG CURVE TO THE RIGHT HAVING RADIUS OF 15.00 FEET, AN ARC LENGTH OF 21.83 FEET TO A POINT ALONG THE NORTHERLY RIGHT-OF-WAY OF FUTURE PARKWAY COMMONLY KNOWN AS McCOLLISTER BOULEVARD; THENCE S67°52'28"W, A DISTANCE OF 64.13 FEET TO A POINT OF CURVATURE; THENCE WESTERLY ALONG SAID RIGHT-OF-WAY BEING A CURVE TO THE RIGHT HAVING A RADIUS OF 960.00 FEET, AN ARC LENGTH OF 623.34 FEET; THENCE N75°02'01"W ALONG SAID RIGHT-OF-WAY, A DISTANCE OF 509.92 FEET TO A POINT OF CURVATURE; THENCE WESTERLY ALONG SAID RIGHT-OF-WAY BEING A CURVE TO THE LEFT HAVING A RADIUS OF 1040.00 FEET, AN ARC LENGTH 617.66 FEET TO THE SOUTHWEST CORNER OF SAID LOT 6; THENCE N00°09'02"W, A DISTANCE OF 597.88 FEET TO THE POINT OF BEGINNING. SAID TRACT OF LAND CONTAINING 27.78 ACRES MORE OR LESS, AND IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. {00059943} 4 Prepared by: Michael J. Pugh 1100 Sixth Street, Suite 102 (319) 351-2028 Pugh Hagan Prahm PLC Coralville, Iowa facsimile (319) 351-1102 OPINION OF ATTORNEY SADDLEBROOK ADDITION PART 3 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 Saddlebrook Addition Part 3, is in The Paddock, L.L.C. and Clubhouse Investments, LLC, free and clear of all liens and encumbrances except for the following mortgage liens and encumbrances: A. A Purchase Money Mortgage given by Lake Calvin Properties and The Paddock, LLC to Iowa State Bank & Trust Company, n/k/a MidWestOne Bank, dated May 19, 2000, and recorded May 24, 2000, in Book 2957, at Page 67, of the records of Johnson County, Iowa; B. An Assignment of Rents given by Lake Calvin Properties and The Paddock, LLC to Iowa State Bank & Trust Company, n/k/a MidWestOne Bank, dated May 19, 2000, and recorded May 24, 2000, in Book 2957, at Page 74, of the records of Johnson County, Iowa; C. An Assignment of Lessor's Interest in Lease given by Lake Calvin Properties and The Paddock, L.L.C. to Iowa State Bank & Trust Company, n/k/a MidWestOne Bank, dated May 19, 2000, and recorded May 24, 2000, in Book 2957, at Page 78, of the records of Johnson County, Iowa; D. A Construction Mortgage given by Triple Crown Condominiums, LLC and The Paddock, LLC to Iowa State Bank & Trust Company, n/k/a MidWestOne Bank, dated December 29, 2003, and recorded January 6, 2004, in Book 3684, at Page 753, of the records of Johnson County, Iowa, as modified by a Modification of Mortgage dated December 15, 2014, and recorded December 22, 2014, in Book 5315, at Page 989, of the records of Johnson County, Iowa; (00059933) U E. A Nondistrubance and Attornment Agreement recorded September 26, 2001, in Book 3143, at Page 169, of the records of Johnson County, Iowa, as extended by agreement recorded January 29, 2009, in Book 4386, at Page 834, of the records of Johnson County, Iowa. F. A UCC Financing Statement given by Lake Calvin Properties and the Paddock, LLC to Iowa State Bank & Trust Company, n/k/a MidWestOne Bank, recorded February 18, 1997, in Book 2225, at Page 326, of the records of Johnson County, Iowa, as most recently continued by instrument recorded September 23, 2011, in Book 4807, at Page 11, of the records of Johnson County, Iowa; G. A UCC Financing Statement given by Lake Calvin Properties and the Paddock, LLC to Iowa State Bank & Trust Company, n/k/a MidWestOne Bank, recorded September 26, 2001, in Book 2225, at Page 328, of the records of Johnson County, Iowa, as most recently continued by instrument recorded September 23, 2011, in Book 4807, at Page 13, of the records of Johnson County, Iowa. H. A mortgage given by The Paddock, LLC to Hills Bank and Trust Company dated the 29th day of October, 2015, and recorded the 2nd day of November, 2015, in Book 5440, at Page 352 of the Mortgage Records of the Recorder of Johnson County, Iowa. Dated at Coralville, Iowa, this I ( day of December, 2015. 640ctzAg— - Michael J. Pugh Pugh Hagan Prahm PL 1100 Sixth Street, Suite 102 Coralville, IA 52241 {00059933} 3 EXHIBIT "A" LEGAL DESCRIPTION SADDLEBROOK ADDITION PART 3 A PORTION OF LOT 4 AND LOT 6 OF SADDLEBROOK ADDITION PART 2 AS RECORDED IN PLAT BOOK 42 PAGE 246 AT THE JOHNSON COUNTY RECORDER'S OFFICE LYING IN THE NORTHWEST QUARTER AND WEST HALF OF THE NORTHEAST QUARTER OF SECTION 25 AND THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 24 LOCATED IN TOWNSHIP 79 NORTH, RANGE 6 WEST OF THE FIFTH PRINCIPAL MERIDIAN, IOWA CITY, IOWA DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 6; THENCE S86°42'48"E ALONG THE NORTH LINE OF SAID LOT 6, A DISTANCE OF 479.37 FEET; THENCE N89050'58"E ALONG SAID NORTH LINE, A DISTANCE OF 95.50 FEET; THENCE S84047'41"E ALONG SAID NORTH LINE, A DISTANCE OF 32.14 FEET; THENCE N89050'58"E ALONG SAID NORTH LINE, A DISTANCE OF 46.39 FEET, THENCE S86012'17"E ALONG SAID NORTH LINE, A DISTANCE OF 108.17 FEET; THENCE S82015'33"E ALONG SAID NORTH LINE, A DISTANCE OF 185.62 FEET TO SOUTHEAST CORNER OF LEASED LOT 158 OF SAID SADDLEBROOK ADDITION PART 2; THENCE N00°09'02"W, A DISTANCE OF 186.52 FEET ALONG SAID LEASED LOT 158, LEASED LOT 159 AND THE SOUTHERN 41.67 FEET OF LEASED LOT 160 ALL A PART OF SAID SADDLEBROOK ADDITION PART 2, THENCE N09058'31"E, A DISTANCE OF 11.73 FEET TO THE NORTHEAST CORNER OF SAID LOT 160; THENCE N09°57'13"E, A DISTANCE OF 57.84 FEET TO THE NORTHEAST CORNER OF LEASED LOT 161 OF SAID SADDLEBROOK ADDITION PART 2 BEING THE SOUTHERLY RIGHT-OF-WAY OF PADDOCK CIRCLE; THENCE S80°02'47"E ALONG SAID SOUTHERLY RIGHT-OF-WAY, A DISTANCE OF 64.45 FEET TO A POINT OF CURVATURE; THENCE EASTERLY ALONG SAID SOUTHERLY RIGHT-OF-WAY BEING A CURVE TO THE LEFT HAVING A RADIUS OF 512.00 FEET, AN ARC LENGTH 61.27 FEET; THENCE S86054'09"E ALONG SAID SOUTHERLY RIGHT-OF-WAY, A DISTANCE OF 282.80 FEET TO A POINT OF CURVATURE; THENCE EASTERLY ALONG SOUTHERLY RIGHT-OF-WAY BEING A CURVE TO THE LEFT HAVING A RADIUS OF 126.00 FEET, AN ARC LENGTH 84.51 FEET TO A POINT OF CUSP; THENCE SOUTHERLY ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 25.00 FEET AND A CHORD BEARING OF S17015'07"W, AN ARC LENGTH 32.65 FEET; THENCE S20°09'17"E, A DISTANCE OF 23.84 FEET TO A POINT OF CURVATURE; THENCE SOUTHERLY ALONG CURVE TO THE RIGHT HAVING A RADIUS OF 162.00 FEET, AN ARC LENGTH OF 85.53 FEET TO A POINT OF COMPOUND CURVATURE; THENCE SOUTHERLY ALONG CURVE TO THE RIGHT HAVING A RADIUS OF 1040.00 FEET, AN ARC LENGTH 32.88 FEET; THENCE S09°06'36"W, A DISTANCE OF 3.56 FEET, THENCE S82015'33"E, A DISTANCE OF 288.80 FEET TO A POINT OF CURVATURE; THENCE EASTERLY ALONG CURVE TO THE LEFT HAVING A RADIUS OF 266.00 FEET, AN ARC LENGTH OF 35.76 FEET; THENCE S89°59'15"E, A DISTANCE OF 68.36 FEET TO A POINT ALONG THE WESTERLY RIGHT-OF-WAY OF HEINZ ROAD; THENCE S00°00'45"W ALONG SAID WESTERLY RIGHT-OF-WAY, A {00059933} DISTANCE OF 163.03 FEET TO A POINT OF CURVATURE; THENCE SOUTHERLY ALONG SAID WESTERLY RIGHT-OF-WAY BEING A CURVE TO THE RIGHT HAVING A RADIUS OF 460.00 FEET, AN ARC LENGTH OF 151.98 FEET; THENCE S18056'31"W ALONG SAID WESTERLY RIGHT-OF-WAY, A DISTANCE OF 56.57 FEET TO A POINT OF CURVATURE; THENCE SOUTHERLY ALONG SAID WESTERLY RIGHT-OF-WAY BEING A CURVE TO THE LEFT HAVING A RADIUS OF 390.00 FEET, AN ARC LENGTH OF 234.52 FEET TO A POINT OF REVERSE CURVE; THENCE WESTERLY ALONG CURVE TO THE RIGHT HAVING RADIUS OF 15.00 FEET, AN ARC LENGTH OF 21.83 FEET TO A POINT ALONG THE NORTHERLY RIGHT-OF-WAY OF FUTURE PARKWAY COMMONLY KNOWN AS McCOLLISTER BOULEVARD; THENCE S67052'28"W, A DISTANCE OF 64.13 FEET TO A POINT OF CURVATURE; THENCE WESTERLY ALONG SAID RIGHT-OF-WAY BEING A CURVE TO THE RIGHT HAVING A RADIUS OF 960.00 FEET, AN ARC LENGTH OF 623.34 FEET; THENCE N75002'01"W ALONG SAID RIGHT-OF-WAY, A DISTANCE OF 509.92 FEET TO A POINT OF CURVATURE; THENCE WESTERLY ALONG SAID RIGHT-OF-WAY BEING A CURVE TO THE LEFT HAVING A RADIUS OF 1040.00 FEET, AN ARC LENGTH 617.66 FEET TO THE SOUTHWEST CORNER OF SAID LOT 6; THENCE N00°09'02"W, A DISTANCE OF 597.88 FEET TO THE POINT OF BEGINNING. SAID TRACT OF LAND CONTAINING 27.78 ACRES MORE OR LESS, AND IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. {00059933} 5 CERTIFICATE OF COUNTY TREASURER SADDLEBROOK ADDITION PART 3 I, the undersigned, Treasurer of Johnson County, Iowa, or deputy thereof, hereby certify that the following described property, also known as Saddlebrook Addition Part 3, 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 IO day of December, 2015. � � ,, C� 4 Thomas L. Kriz, Treasurer o Johnson County, Iowa Parcel Nos. 1025128001 1025128002 1025203004 1025203005 {00059931} 13 EXHIBIT "A" LEGAL DESCRIPTION SADDLEBROOK ADDITION PART 3 A PORTION OF LOT 4 AND LOT 6 OF SADDLEBROOK ADDITION PART 2 AS RECORDED IN PLAT BOOK 42 PAGE 246 AT THE JOHNSON COUNTY RECORDER'S OFFICE LYING IN THE NORTHWEST QUARTER AND WEST HALF OF THE NORTHEAST QUARTER OF SECTION 25 AND THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 24 LOCATED IN TOWNSHIP 79 NORTH, RANGE 6 WEST OF THE FIFTH PRINCIPAL MERIDIAN, IOWA CITY, IOWA DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 6; THENCE S86°42'48"E ALONG THE NORTH LINE OF SAID LOT 6, A DISTANCE OF 479.37 FEET; THENCE N89050'58"E ALONG SAID NORTH LINE, A DISTANCE OF 95.50 FEET; THENCE S84047'41"E ALONG SAID NORTH LINE, A DISTANCE OF 32.14 FEET; THENCE N89050'58"E ALONG SAID NORTH LINE, A DISTANCE OF 46.39 FEET, THENCE S86012'17"E ALONG SAID NORTH LINE, A DISTANCE OF 108.17 FEET; THENCE S82015'33"E ALONG SAID NORTH LINE, A DISTANCE OF 185.62 FEET TO SOUTHEAST CORNER OF LEASED LOT 158 OF SAID SADDLEBROOK ADDITION PART 2; THENCE N00°09'02"W, A DISTANCE OF 186.52 FEET ALONG SAID LEASED LOT 158, LEASED LOT 159 AND THE SOUTHERN 41.67 FEET OF LEASED LOT 160 ALL A PART OF SAID SADDLEBROOK ADDITION PART 2, THENCE N09°58'31"E, A DISTANCE OF 11.73 FEET TO THE NORTHEAST CORNER OF SAID LOT 160; THENCE N09°57'13"E, A DISTANCE OF 57.84 FEET TO THE NORTHEAST CORNER OF LEASED LOT 161 OF SAID SADDLEBROOK ADDITION PART 2 BEING THE SOUTHERLY RIGHT-OF-WAY OF PADDOCK CIRCLE; THENCE S80002'47"E ALONG SAID SOUTHERLY RIGHT-OF-WAY, A DISTANCE OF 64.45 FEET TO A POINT OF CURVATURE; THENCE EASTERLY ALONG SAID SOUTHERLY RIGHT- OF-WAY BEING A CURVE TO THE LEFT HAVING A RADIUS OF 512.00 FEET, AN ARC LENGTH 61.27 FEET; THENCE S86°54'09"E ALONG SAID SOUTHERLY RIGHT-OF-WAY, A DISTANCE OF 282.80 FEET TO A POINT OF CURVATURE; THENCE EASTERLY ALONG SOUTHERLY RIGHT-OF-WAY BEING A CURVE TO THE LEFT HAVING A RADIUS OF 126.00 FEET, AN ARC LENGTH 84.51 FEET TO A POINT OF CUSP; THENCE SOUTHERLY ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 25.00 FEET AND A CHORD BEARING OF S17015'07"W, AN ARC LENGTH 32.65 FEET; THENCE S20°09'17"E, A DISTANCE OF 23.84 FEET TO A POINT OF CURVATURE; THENCE SOUTHERLY ALONG CURVE TO THE RIGHT HAVING A RADIUS OF 162.00 FEET, AN ARC LENGTH OF 85.53 FEET TO A POINT OF COMPOUND CURVATURE; THENCE SOUTHERLY ALONG CURVE TO THE RIGHT HAVING A RADIUS OF 1040.00 FEET, AN ARC LENGTH 32.88 FEET ; THENCE S09006'36"W, A DISTANCE OF 3.56 FEET, THENCE S82°15'33"E, A DISTANCE OF 288.80 FEET TO A POINT OF CURVATURE; THENCE EASTERLY ALONG CURVE TO THE LEFT HAVING A RADIUS OF 266.00 FEET, AN ARC LENGTH OF 35.76 FEET; THENCE S89°59'15"E, A DISTANCE OF 68.36 FEET TO A POINT ALONG THE WESTERLY RIGHT-OF-WAY OF HEINZ ROAD; THENCE S00000'45"W ALONG SAID WESTERLY RIGHT-OF-WAY, A DISTANCE OF 163.03 {00059931} 3 FEET TO A POINT OF CURVATURE; THENCE SOUTHERLY ALONG SAID WESTERLY RIGHT-OF-WAY BEING A CURVE TO THE RIGHT HAVING A RADIUS OF 460.00 FEET, AN ARC LENGTH OF 151.98 FEET; THENCE S18°56'31'W ALONG SAID WESTERLY RIGHT-OF-WAY, A DISTANCE OF 56.57 FEET TO A POINT OF CURVATURE; THENCE SOUTHERLY ALONG SAID WESTERLY RIGHT-OF-WAY BEING A CURVE TO THE LEFT HAVING A RADIUS OF 390.00 FEET, AN ARC LENGTH OF 234.52 FEET TO A POINT OF REVERSE CURVE; THENCE WESTERLY ALONG CURVE TO THE RIGHT HAVING RADIUS OF 15.00 FEET, AN ARC LENGTH OF 21.83 FEET TO A POINT ALONG THE NORTHERLY RIGHT-OF-WAY OF FUTURE PARKWAY COMMONLY KNOWN AS McCOLLISTER BOULEVARD; THENCE S67052'28"W, A DISTANCE OF 64.13 FEET TO A POINT OF CURVATURE; THENCE WESTERLY ALONG SAID RIGHT-OF-WAY BEING A CURVE TO THE RIGHT HAVING A RADIUS OF 960.00 FEET, AN ARC LENGTH OF 623.34 FEET; THENCE N75002'01 "W ALONG SAID RIGHT-OF-WAY, A DISTANCE OF 509.92 FEET TO A POINT OF CURVATURE; THENCE WESTERLY ALONG SAID RIGHT-OF-WAY BEING A CURVE TO THE LEFT HAVING A RADIUS OF 1040.00 FEET, AN ARC LENGTH 617.66 FEET TO THE SOUTHWEST CORNER OF SAID LOT 6; THENCE N00009'02"W, A DISTANCE OF 597.88 FEET TO THE POINT OF BEGINNING. SAID TRACT OF LAND CONTAINING 27.78 ACRES MORE OR LESS, AND IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. {00059931} CERTIFICATE OF COUNTY AUDITOR SADDLEBROOK ADDITION PART 3 I, Travis Weipert, the Johnson County Auditor, hereby approve of Saddlebrook Addition Part 3 as a succinct and unique name for the subdivision containing the following described real estate located in Johnson County, Iowa: See Exhibit "A" ravis Weipert, J hnso bunt Auditor {00059930} EXHIBIT "A" LEGAL DESCRIPTION SADDLEBROOK ADDITION PART 3 A PORTION OF LOT 4 AND LOT 6 OF SADDLEBROOK ADDITION PART 2 AS RECORDED IN PLAT BOOK 42 PAGE 246 AT THE JOHNSON COUNTY RECORDER'S OFFICE LYING IN THE NORTHWEST QUARTER AND WEST HALF OF THE NORTHEAST QUARTER OF SECTION 25 AND THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 24 LOCATED IN TOWNSHIP 79 NORTH, RANGE 6 WEST OF THE FIFTH PRINCIPAL MERIDIAN, IOWA CITY, IOWA DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 6; THENCE S86°42'48"E ALONG THE NORTH LINE OF SAID LOT 6, A DISTANCE OF 479.37 FEET; THENCE N89°50'58"E ALONG SAID NORTH LINE, A DISTANCE OF 95.50 FEET; THENCE S84°47'41"E ALONG SAID NORTH LINE, A DISTANCE OF 32.14 FEET; THENCE N89°50'58"E ALONG SAID NORTH LINE, A DISTANCE OF 46.39 FEET, THENCE S86°12'17"E ALONG SAID NORTH LINE, A DISTANCE OF 108.17 FEET; THENCE S82°15'33"E ALONG SAID NORTH LINE, A DISTANCE OF 185.62 FEET TO SOUTHEAST CORNER OF LEASED LOT 158 OF SAID SADDLEBROOK ADDITION PART 2; THENCE N00°09'02"W, A DISTANCE OF 186.52 FEET ALONG SAID LEASED LOT 158, LEASED LOT 159 AND THE SOUTHERN 41.67 FEET OF LEASED LOT 160 ALL A PART OF SAID SADDLEBROOK ADDITION PART 2, THENCE N09058'31"E, A DISTANCE OF 11.73 FEET TO THE NORTHEAST CORNER OF SAID LOT 160; THENCE N09°57'13"E, A DISTANCE OF 57.84 FEET TO THE NORTHEAST CORNER OF LEASED LOT 161 OF SAID SADDLEBROOK ADDITION PART 2 BEING THE SOUTHERLY RIGHT-OF-WAY OF PADDOCK CIRCLE; THENCE S80°02'47"E ALONG SAID SOUTHERLY RIGHT-OF-WAY, A DISTANCE OF 64.45 FEET TO A POINT OF CURVATURE; THENCE EASTERLY ALONG SAID SOUTHERLY RIGHT-OF-WAY BEING A CURVE TO THE LEFT HAVING A RADIUS OF 512.00 FEET, AN ARC LENGTH 61.27 FEET; THENCE S86054'09"E ALONG SAID SOUTHERLY RIGHT-OF-WAY, A DISTANCE OF 282.80 FEET TO A POINT OF CURVATURE; THENCE EASTERLY ALONG SOUTHERLY RIGHT-OF-WAY BEING A CURVE TO THE LEFT HAVING A RADIUS OF 126.00 FEET, AN ARC LENGTH 84.51 FEET TO A POINT OF CUSP; THENCE SOUTHERLY ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 25.00 FEET AND A CHORD BEARING OF S17015'07"W, AN ARC LENGTH 32.65 FEET; THENCE S20°09'17"E, A DISTANCE OF 23.84 FEET TO A POINT OF CURVATURE; THENCE SOUTHERLY ALONG CURVE TO THE RIGHT HAVING A RADIUS OF 162.00 FEET, AN ARC LENGTH OF 85.53 FEET TO A POINT OF COMPOUND CURVATURE; THENCE SOUTHERLY ALONG CURVE TO THE RIGHT HAVING A RADIUS OF 1040.00 FEET, AN ARC LENGTH 32.88 FEET; THENCE S09°06'36"W, A DISTANCE OF 3.56 FEET, THENCE S82°15'33"E, A DISTANCE OF 288.80 FEET TO A POINT OF CURVATURE; THENCE EASTERLY ALONG CURVE TO THE LEFT HAVING A RADIUS OF 266.00 FEET, AN ARC LENGTH OF 35.76 FEET; THENCE S89°59'15"E, A DISTANCE OF 68.36 FEET TO A POINT ALONG THE WESTERLY RIGHT-OF-WAY OF HEINZ ROAD; THENCE S00000'45"W ALONG SAID WESTERLY RIGHT-OF-WAY, A DISTANCE OF 163.03 FEET TO A POINT OF CURVATURE; THENCE SOUTHERLY ALONG SAID WESTERLY RIGHT-OF-WAY BEING A CURVE TO THE RIGHT HAVING A RADIUS OF 460.00 FEET, AN ARC LENGTH OF 151.98 FEET; THENCE S18°56'31"W ALONG SAID WESTERLY RIGHT- OF-WAY, A DISTANCE OF 56.57 FEET TO A POINT OF CURVATURE; THENCE SOUTHERLY ALONG SAID WESTERLY RIGHT-OF-WAY BEING A CURVE TO THE LEFT HAVING A RADIUS OF 390.00 FEET, AN ARC LENGTH OF 234.52 FEET TO A POINT OF REVERSE CURVE; THENCE WESTERLY ALONG CURVE TO THE RIGHT HAVING RADIUS OF 15.00 FEET, AN ARC LENGTH OF 21.83 FEET TO A POINT ALONG THE NORTHERLY {00059930} 13 RIGHT-OF-WAY OF FUTURE PARKWAY COMMONLY KNOWN AS McCOLLISTER BOULEVARD; THENCE S67°52'28"W, A DISTANCE OF 64.13 FEET TO A POINT OF CURVATURE; THENCE WESTERLY ALONG SAID RIGHT-OF-WAY BEING A CURVE TO THE RIGHT HAVING A RADIUS OF 960.00 FEET, AN ARC LENGTH OF 623.34 FEET; THENCE N75002'01"W ALONG SAID RIGHT-OF-WAY, A DISTANCE OF 509.92 FEET TO A POINT OF CURVATURE; THENCE WESTERLY ALONG SAID RIGHT-OF-WAY BEING A CURVE TO THE LEFT HAVING A RADIUS OF 1040.00 FEET, AN ARC LENGTH 617.66 FEET TO THE SOUTHWEST CORNER OF SAID LOT 6; THENCE N00°09'02"W, A DISTANCE OF 597.88 FEET TO THE POINT OF BEGINNING. SAID TRACT OF LAND CONTAINING 27.78 ACRES MORE OR LESS, AND IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. {00059930} CONSENT OF MORTGAGEE TO SUBDIVISION SADDLEBROOK ADDITION PART 3 The undersigned, Hills Bank and Trust Company, is the Mortgagee of a Mortgage from the following: A. The Paddock, LLC to Hills Bank and Trust Company dated the 29th day of October, 2015, and recorded the 2nd day of November, 2015, in Book 5440, at Page 352 of the Mortgage Records of the Recorder of Johnson County, Iowa. Said Mortgage constitutes a lien on that property to be designated as Saddlebrook Addition Part 3 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 The Paddock, LLC and Clubhouse Investments, 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. Dated this /b' day of December, 2015. HILLS BANK AND TRUST COMPANY By: a ! Timothy D. Finer Senior Vice President STATE OF IOWA, COUNTY OF JOHNSON, ss: This instrument was acknowledged before me on this (0 day of >CeAbtr 2619- 2015, by Timothy D. Finer, as Senior Vice President of Hills Bank and Trust Company. �,s���, RENEE NARNED gI� F Cam ENE Number Tlla12 _ "I My co ! qp Expires ow J!� {00059932} tem XP Notary Public in and for said State N] EXHIBIT "A" LEGAL DESCRIPTION SADDLEBROOK ADDITION PART 3 A PORTION OF LOT 4 AND LOT 6 OF SADDLEBROOK ADDITION PART 2 AS RECORDED IN PLAT BOOK 42 PAGE 246 AT THE JOHNSON COUNTY RECORDER'S OFFICE LYING IN THE NORTHWEST QUARTER AND WEST HALF OF THE NORTHEAST QUARTER OF SECTION 25 AND THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 24 LOCATED IN TOWNSHIP 79 NORTH, RANGE 6 WEST OF THE FIFTH PRINCIPAL MERIDIAN, IOWA CITY, IOWA DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 6; THENCE S86°42'48"E ALONG THE NORTH LINE OF SAID LOT 6, A DISTANCE OF 479.37 FEET; THENCE N89050'58"E ALONG SAID NORTH LINE, A DISTANCE OF 95.50 FEET; THENCE S84047'41"E ALONG SAID NORTH LINE, A DISTANCE OF 32.14 FEET; THENCE N89050'58"E ALONG SAID NORTH LINE, A DISTANCE OF 46.39 FEET, THENCE S86012'17"E ALONG SAID NORTH LINE, A DISTANCE OF 108.17 FEET; THENCE S82015'33"E ALONG SAID NORTH LINE, A DISTANCE OF 185.62 FEET TO SOUTHEAST CORNER OF LEASED LOT 158 OF SAID SADDLEBROOK ADDITION PART 2; THENCE N00009'02"W, A DISTANCE OF 186.52 FEET ALONG SAID LEASED LOT 158, LEASED LOT 159 AND THE SOUTHERN 41.67 FEET OF LEASED LOT 160 ALL A PART OF SAID SADDLEBROOK ADDITION PART 2, THENCE N09°58'31"E, A DISTANCE OF 11.73 FEET TO THE NORTHEAST CORNER OF SAID LOT 160; THENCE N09057'13"E, A DISTANCE OF 57.84 FEET TO THE NORTHEAST CORNER OF LEASED LOT 161 OF SAID SADDLEBROOK ADDITION PART 2 BEING THE SOUTHERLY RIGHT-OF-WAY OF PADDOCK CIRCLE; THENCE S80002'47"E ALONG SAID SOUTHERLY RIGHT-OF-WAY, A DISTANCE OF 64.45 FEET TO A POINT OF CURVATURE; THENCE EASTERLY ALONG SAID SOUTHERLY RIGHT-OF-WAY BEING A CURVE TO THE LEFT HAVING A RADIUS OF 512.00 FEET, AN ARC LENGTH 61.27 FEET; THENCE S86°54'09"E ALONG SAID SOUTHERLY RIGHT-OF- WAY, A DISTANCE OF 282.80 FEET TO A POINT OF CURVATURE; THENCE EASTERLY ALONG SOUTHERLY RIGHT-OF-WAY BEING A CURVE TO THE LEFT HAVING A RADIUS OF 126.00 FEET, AN ARC LENGTH 84.51 FEET TO A POINT OF CUSP; THENCE SOUTHERLY ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 25.00 FEET AND A CHORD BEARING OF S17°15'07"W, AN ARC LENGTH 32.65 FEET; THENCE S20°09'17"E, A DISTANCE OF 23.84 FEET TO A POINT OF CURVATURE; THENCE SOUTHERLY ALONG CURVE TO THE RIGHT HAVING A RADIUS OF 162.00 FEET, AN ARC LENGTH OF 85.53 FEET TO A POINT OF COMPOUND CURVATURE; THENCE SOUTHERLY ALONG CURVE TO THE RIGHT HAVING A RADIUS OF 1040.00 FEET, AN ARC LENGTH 32.88 FEET ; THENCE S09006'36"W, A DISTANCE OF 3.56 FEET, THENCE S82015'33"E, A DISTANCE OF 288.80 FEET TO A POINT OF CURVATURE; THENCE EASTERLY ALONG CURVE TO THE LEFT HAVING A RADIUS OF 266.00 FEET, AN ARC LENGTH OF 35.76 FEET; THENCE S89059'15"E, A DISTANCE OF 68.36 FEET TO A POINT ALONG THE WESTERLY RIGHT-OF-WAY OF HEINZ ROAD; THENCE S00°00'45"W ALONG SAID WESTERLY RIGHT-OF-WAY, A DISTANCE OF 163.03 FEET TO A POINT OF {00059932) !/I CURVATURE; THENCE SOUTHERLY ALONG SAID WESTERLY RIGHT-OF-WAY BEING A CURVE TO THE RIGHT HAVING A RADIUS OF 460.00 FEET, AN ARC LENGTH OF 151.98 FEET; THENCE S18°56'31"W ALONG SAID WESTERLY RIGHT- OF-WAY, A DISTANCE OF 56.57 FEET TO A POINT OF CURVATURE; THENCE SOUTHERLY ALONG SAID WESTERLY RIGHT-OF-WAY BEING A CURVE TO THE LEFT HAVING A RADIUS OF 390.00 FEET, AN ARC LENGTH OF 234.52 FEET TO A POINT OF REVERSE CURVE; THENCE WESTERLY ALONG CURVE TO THE RIGHT HAVING RADIUS OF 15.00 FEET, AN ARC LENGTH OF 21.83 FEET TO A POINT ALONG THE NORTHERLY RIGHT-OF-WAY OF FUTURE PARKWAY COMMONLY KNOWN AS McCOLLISTER BOULEVARD; THENCE S67°52'28"W, A DISTANCE OF 64.13 FEET TO A POINT OF CURVATURE; THENCE WESTERLY ALONG SAID RIGHT-OF-WAY BEING A CURVE TO THE RIGHT HAVING A RADIUS OF 960.00 FEET, AN ARC LENGTH OF 623.34 FEET; THENCE N75°02'01"W ALONG SAID RIGHT-OF-WAY, A DISTANCE OF 509.92 FEET TO A POINT OF CURVATURE; THENCE WESTERLY ALONG SAID RIGHT-OF-WAY BEING A CURVE TO THE LEFT HAVING A RADIUS OF 1040.00 FEET, AN ARC LENGTH 617.66 FEET TO THE SOUTHWEST CORNER OF SAID LOT 6; THENCE N00°09'02"W, A DISTANCE OF 597.88 FEET TO THE POINT OF BEGINNING. SAID TRACT OF LAND CONTAINING 27.78 ACRES MORE OR LESS, AND IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. {00059932} 3 CONSENT OF MORTGAGEE TO SUBDIVISION SADDLEBROOK ADDITION PART 3 The undersigned, MidWestOne Bank, possesses a right, claim or interest in that property to be designated as Saddlebrook Addition Part 3 legally described on the attached Exhibit "A" by virtue of the following instruments: A. A Purchase Money Mortgage given by Lake Calvin Properties and The Paddock, L.L.C. to Iowa State Bank & Trust Company, n/k/a MidWestOne Bank, dated May 19, 2000, and recorded May 24, 2000, in Book 2957, at Page 67, of the records of Johnson County, Iowa; B. An Assignment of Rents given by Lake Calvin Properties and The Paddock, L.L.C. to Iowa State Bank & Trust Company, n/k/a MidWestOne Bank, dated May 19, 2000, and recorded May 24, 2000, in Book 2957, at Page 74, of the records of Johnson County, Iowa; C. An Assignment of Lessor's Interest in Lease given by Lake Calvin Properties and The Paddock, L.L.C. to Iowa State Bank & Trust Company, n/k/a MidWestOne Bank, dated May 19, 2000, and recorded May 24, 2000, in Book 2957, at Page 78, of the records of Johnson County, Iowa; D. A Construction Mortgage given by Triple Crown Condominiums, LLC and The Paddock, LLC to Iowa State Bank & Trust Company, n/k/a MidWestOne Bank, dated December 29, 2003, and recorded January 6, 2004, in Book 3684, at Page 753, of the records of Johnson County, Iowa, as modified by a Modification of Mortgage dated December 1, 2014, and recorded December 22, 2014, in Book 5315, at Page 989, of the records of Johnson County, Iowa; E. A UCC Financing Statement given by Lake Calvin Properties to Iowa State Bank & Trust Company, n/k/a MidWestOne Bank, recorded February 18, 1997, in Book 2225, at Page 326, of the records of Johnson County, Iowa, as most recently continued by instrument recorded September 23, 2011, in Book 4807, at Page 11, of the records of Johnson County, Iowa; and F. A UCC Financing Statement given by Lake Calvin Properties and the Paddock, LLC to Iowa State Bank & Trust Company, n/k/a MidWestOne Bank, recorded September 26, 2001, in Book 2225, at Page 328, of the records of Johnson County, Iowa, as most recently continued by instrument recorded September 23, 2011, in Book 4807, at Page 13, of the records of Johnson County, Iowa. The instruments above constitute liens on that property to be designated as Saddlebrook Addition Part 3 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 The Paddock, LLC and Clubhouse Investments, 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. {00060349} Dated this zy day of December, 2015. MIDWESTONE BANK Jerry L. Vanni Vice -President STATE OF IOWA, COUNTY OF JOHNSON, ss: This instrument was acknowledged before me on this �� day of J� L' GQL%aa 2015, by Jerry L. Vanni, as Vice -President of MidWestOne Bank. �Pa�aAc m GAIL R HALLORAN 0 Commission Number 783379 My Commission Expires owP 3 3 1 0 1-7 (00060349) Notary Public in and for said State 7 EXHIBIT "A" LEGAL DESCRIPTION SADDLEBROOK ADDITION PART 3 A PORTION OF LOT 4 AND LOT 6 OF SADDLEBROOK ADDITION PART 2 AS RECORDED IN PLAT BOOK 42 PAGE 246 AT THE JOHNSON COUNTY RECORDER'S OFFICE LYING IN THE NORTHWEST QUARTER AND WEST HALF OF THE NORTHEAST QUARTER OF SECTION 25 AND THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 24 LOCATED IN TOWNSHIP 79 NORTH, RANGE 6 WEST OF THE FIFTH PRINCIPAL MERIDIAN, IOWA CITY, IOWA DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 6; THENCE S86042'48"E ALONG THE NORTH LINE OF SAID LOT 6, A DISTANCE OF 479.37 FEET; THENCE N89050'58"E ALONG SAID NORTH LINE, A DISTANCE OF 95.50 FEET; THENCE S84047'41"E ALONG SAID NORTH LINE, A DISTANCE OF 32.14 FEET; THENCE N89050'58"E ALONG SAID NORTH LINE, A DISTANCE OF 46.39 FEET, THENCE S86012'17"E ALONG SAID NORTH LINE, A DISTANCE OF 108.17 FEET; THENCE S82015'33"E ALONG SAID NORTH LINE, A DISTANCE OF 185.62 FEET TO SOUTHEAST CORNER OF LEASED LOT 158 OF SAID SADDLEBROOK ADDITION PART 2; THENCE N00°09'02"W, A DISTANCE OF 186.52 FEET ALONG SAID LEASED LOT 158, LEASED LOT 159 AND THE SOUTHERN 41.67 FEET OF LEASED LOT 160 ALL A PART OF SAID SADDLEBROOK ADDITION PART 2, THENCE N09°58'31"E, A DISTANCE OF 11.73 FEET TO THE NORTHEAST CORNER OF SAID LOT 160; THENCE N09057'13"E, A DISTANCE OF 57.84 FEET TO THE NORTHEAST CORNER OF LEASED LOT 161 OF SAID SADDLEBROOK ADDITION PART 2 BEING THE SOUTHERLY RIGHT-OF-WAY OF PADDOCK CIRCLE; THENCE S80002'47"E ALONG SAID SOUTHERLY RIGHT-OF-WAY, A DISTANCE OF 64.45 FEET TO A POINT OF CURVATURE; THENCE EASTERLY ALONG SAID SOUTHERLY RIGHT-OF-WAY BEING A CURVE TO THE LEFT HAVING A RADIUS OF 512.00 FEET, AN ARC LENGTH 61.27 FEET; THENCE S86054'09"E ALONG SAID SOUTHERLY RIGHT-OF- WAY, A DISTANCE OF 282.80 FEET TO A POINT OF CURVATURE; THENCE EASTERLY ALONG SOUTHERLY RIGHT-OF-WAY BEING A CURVE TO THE LEFT HAVING A RADIUS OF 126.00 FEET, AN ARC LENGTH 84.51 FEET TO A POINT OF CUSP; THENCE SOUTHERLY ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 25.00 FEET AND A CHORD BEARING OF Sl 7015'07"W, AN ARC LENGTH 32.65 FEET; THENCE S20°09'17"E, A DISTANCE OF 23.84 FEET TO A POINT OF CURVATURE; THENCE SOUTHERLY ALONG CURVE TO THE RIGHT HAVING A RADIUS OF 162.00 FEET, AN ARC LENGTH OF 85.53 FEET TO A POINT OF COMPOUND CURVATURE; THENCE SOUTHERLY ALONG CURVE TO THE RIGHT HAVING A RADIUS OF 1040.00 FEET, AN ARC LENGTH 32.88 FEET ; THENCE S09006'36"W, A DISTANCE OF 3.56 FEET, THENCE S82015'33"E, A DISTANCE OF 288.80 FEET TO A POINT OF CURVATURE; THENCE EASTERLY ALONG CURVE TO THE LEFT HAVING A RADIUS OF 266.00 FEET, AN ARC LENGTH OF 35.76 FEET; THENCE S89059'15"E, A DISTANCE OF 68.36 FEET TO A POINT ALONG THE WESTERLY RIGHT-OF-WAY OF HEINZ ROAD; THENCE S00°00'45"W ALONG SAID WESTERLY RIGHT-OF-WAY, A DISTANCE OF 163.03 FEET TO A POINT OF (00050349) Iz? CURVATURE; THENCE SOUTHERLY ALONG SAID WESTERLY RIGHT-OF-WAY BEING A CURVE TO THE RIGHT HAVING A RADIUS OF 460.00 FEET, AN ARC LENGTH OF 151.98 FEET; THENCE S18°56'31"W ALONG SAID WESTERLY RIGHT- OF-WAY, A DISTANCE OF 56.57 FEET TO A POINT OF CURVATURE; THENCE SOUTHERLY ALONG SAID WESTERLY RIGHT-OF-WAY BEING A CURVE TO THE LEFT HAVING A RADIUS OF 390.00 FEET, AN ARC LENGTH OF 234.52 FEET TO A POINT OF REVERSE CURVE; THENCE WESTERLY ALONG CURVE TO THE RIGHT HAVING RADIUS OF 15.00 FEET, AN ARC LENGTH OF 21.83 FEET TO A POINT ALONG THE NORTHERLY RIGHT-OF-WAY OF FUTURE PARKWAY COMMONLY KNOWN AS McCOLLISTER BOULEVARD; THENCE S67°52'28"W, A DISTANCE OF 64.13 FEET TO A POINT OF CURVATURE; THENCE WESTERLY ALONG SAID RIGHT-OF-WAY BEING A CURVE TO THE RIGHT HAVING A RADIUS OF 960.00 FEET, AN ARC LENGTH OF 623.34 FEET; THENCE N75°02'01"W ALONG SAID RIGHT-OF-WAY, A DISTANCE OF 509.92 FEET TO A POINT OF CURVATURE; THENCE WESTERLY ALONG SAID RIGHT-OF-WAY BEING A CURVE TO THE LEFT HAVING A RADIUS OF 1040.00 FEET, AN ARC LENGTH 617.66 FEET TO THE SOUTHWEST CORNER OF SAID LOT 6; THENCE N00°09'02"W, A DISTANCE OF 597.88 FEET TO THE POINT OF BEGINNING. SAID TRACT OF LAND CONTAINING 27.78 ACRES MORE OR LESS, AND IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. {00060349} Prepared by: Michael J. Pugh 1100 Sixth Street, Suite 102 (319) 351-2028 Pugh Hagan Prahm PLC Coralville, Iowa facsimile (319) 351-1102 PUBLIC ACCESS AND FIRE APPARATUS EASEMENT AGREEMENT SADDLEBROOK ADDITION PART 3 THIS AGREEMENT, made and entered into by and between The Paddock, LLC and Clubhouse Investments, LLC (collectively "Subdivider"), which expression shall include their successors in interest and assigns, and the City of Iowa City, Iowa (the "City"), which expression shall include its successors in interest and assigns. It is hereby agreed as follows: 1. For the sum of $1.00 plus other valuable consideration, the receipt of which is hereby acknowledged, Subdivider hereby grants and conveys to the City an easement for the purpose of access over and across the areas designated as "Access Easement," as shown on the Final Plat of Saddlebrook Addition Part 3, hereafter described as "easement area". 2. The Subdivider agrees that it or its successors and assigns, as a covenant running with the land, shall at its expense keep the easement area in good condition and shall repair and maintain the same as may be appropriate for the purposes for which these easements have been granted. The responsibility for maintenance will include, but is not limited to, keeping the easement area as free as possible of snow, ice, dirt and debris. The City shall have no responsibility for maintaining the easement area. 3. Notwithstanding the foregoing, the Subdivider, and its successors and assigns, may form a nonprofit corporation to be an Owner's Association (Association) through which its maintenance obligations contained herein may be fulfilled. Provided further that the Subdivider, or its successors and assigns, may convey any portion of the real estate over which the easements run within the Subdivision to the Association, which conveyance will be subject to this Agreement as a covenant running with the land. 4. Subdivider does hereby covenant with the City that it is lawfully seized and possessed of the real estate above described, and Subdivider has a good and lawful right to convey it, or any part thereof. 5. Nothing in this Agreement shall be construed to impose a requirement on the City to install the original public improvement at issue herein. Nor shall Subdivider be deemed acting as (00059935) 3 the City's agent during the original construction and installation of said improvement. Parties agree that the obligation to install the public improvement(s) herein shall be in accordance with City specifications, and the obligation shall remain on Subdivider until completion by Subdivider, and until acceptance by the City, as by law provided. 6. This Easement includes the following: a. City service vehicles are granted a means of ingress, egress, and passage over the access easement area. b. The City's police department is authorized to ticket, tow, or cause to be towed, pursuant to the Code of Iowa, as amended, any motor vehicle that has been parked or placed upon the easement area in violation of the parking laws of the City and the State of Iowa. This agreement shall serve as appropriate notice for such authorization to City's police department under the Code of Iowa, as amended. Subdivider shall place the easement and agreement of record as its sole obligation to notify all persons who may improperly park on said easementlaccess areas. C. City's fire department is granted an easement with the right of access over and across each of the streets in Saddlebrook Addition Part 3. Said right of access includes the right of non -emergency access and posting for purposes of enforcing fire safety standards under the Uniform Fire code, as amended. 7. The provisions hereof shall inure to the benefit of and bind the successors and assigns of the respective Parties hereto, and all covenants shall apply to and run with the land and with the title to the land. Dated this Iy14 !� day of December, 2015. THE PADDOCK, LLC By: AM Management, Inc., Its Manager By: Steve Gordon, Vice -President CLUBHOUSE INVESTMENTS, LLC By: AM Management, Inc., Its Manager By: e,�A _,� Steve Gordon, Vice -President (00059935) 3 CITY OF IOWA CITY, IOWA By: /eE�/ ?sem(, ,A Matthew J. Hayek, Mayor By: �M a,4,e� K • 2(144i1J Maria K. Karr, City Clerk STATE OF IOWA, COUNTY OF JOHNSON, ss: This instrument was acknowledged before me on this K day of J24�e-4 2015, by Steve Gordon, Vice -President of AM Management, Inc., Manager of The Paddock, L Q. MICHAEL J PUGH a F .41V Cormn omNumber 175282 a MY �y2m bt�= Notdry Public in and for s0j State STATE OF IOWA, COUNTY OF JOHNSON, ss: This instrument was acknowledged before me on this P'l day of &6e -M 2015, by Steve Gordon, Vice -President of AM Management, Inc., Manager of Clubhouse Investments yl�p ig EL J PUGH ' _ /% , F CbNumber 175792 .LCMisedon 61phes �' July 26, tote Notary Public in anfd for sa State STATE OF IOWA, COUNTY OF JOHNSON, ss: On this 15A day of D_'Ce./n-ber. 2015. before me, the undersianed. a Notary Public in and for said County and State, personally appeared Matthew J. Hayek and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa, a municipal corporation; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and the instrument was signed and sealed on behalf of the corporation by authority of its City Council, and the said Mayor and City Clerk did acknowledge the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. Notary Public in and for said State �1a4[m KELLIE K. TUTTLE Commichn Number 221819 h, Lty Com issIO Expires llJ::r� {00059935} [I Prepared by: Michael J. Pugh 1100 Sixth Street, Suite 102 (319) 351-2028 Pugh Hagan Prahm PLC Coralville, Iowa facsimile (319) 351-1102 UNDERGROUND UTILITY EASEMENT SADDLEBROOK ADDITION PART 3 In consideration of the approval of the Final Plat of Saddlebrook Addition Part 3, Iowa City, Iowa, the undersigned owner hereby grants to the City of Iowa City, Iowa, MidAmerican Energy Co., Centurylink, Inc., and Mediacom, and their successors, (hereinafter collectively "Grantees") a perpetual easement upon, over, under, along and across the areas designated on the Final Plat of Saddlebrook Addition Part 3, Iowa City, Iowa, as "Utility Easement' as located within the Subdivision. The Grantees of this easement shall have the right to install, lay, construct, reconstruct, renew, operate, maintain and remove conduits, cables, pipes, electric lines below the surface of the ground, and other equipment or appurtenances above the surface of the ground as may be necessary for the purpose of serving the Subdivision and other property with electricity, gas, and communication service; the right to trim, cut down and remove such trees, brush, saplings and bushes as may interfere with the proper construction, maintenance, operation or removal of said facilities, equipment and appurtenances; and the right of ingress and egress for all of the purposes aforesaid. 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. (00059937) Dated this Noday of 2015. THE PADDOCK, LLC By: AM Management, Inc., Its Manager By: Steve Gordon, Vice -President CLUBHOUSE INVESTMENTS, LLC By: AM Management, Inc., Its Manager By: - Steve Gordon, Vice -President STATE OF IOWA, COUNTY OF JOHNSON, ss: This instrument was acknowledged before me on this /V* day of Je40401,e r 2015, by Steve Gordon, Vice -President of AM Management, Inc., Manager of The Paddock, dmf. MICHAEL J PUGH ii OommISMon Number 775282(' � My(bmml¢3irnWres July 26, 2018 Notary Public in Ad for 0State STATE OF IOWA, COUNTY OF JOHNSON, ss: This instrument was acknowledged before me on this J,411' day of AdP'CGM.4(0-� , 2015, by Steve Gordon, Vice -President of AM Management, Inc., Manager of Clubhouse Investments, LLC. 9 ' .rye MICHAEL J PUGH Notary Public in anif for sai tate 4f COmm w Number 175282 04WMy Commission ExPires July 26, 2018 (00059937} 2 13 Prepared by: Michael J. Pugh 1100 Sixth Street, Suite 102 (319) 351-2028 Pugh Hagan Prahm PLC Coralville, Iowa facsimile (319) 351-1102 STORM WATER EASEMENT AGREEMENT SADDLEBROOK ADDITION PART 3 THIS AGREEMENT, made and entered into by and between The Paddock, LLC and Clubhouse Investments, LLC (collectively "Subdivider"), which expression shall include its successors in interest and assigns, and the City of Iowa City, Iowa (the "City"), which expression shall include its successors in interest and assigns. It is hereby agreed as follows: For the sum of $1.00 plus other valuable consideration, the receipt of which is hereby acknowledged, Subdivider hereby grants and conveys to the City an easement for the purposes of excavating for and the installation, replacement, maintenance and use of such storm water lines, pipes, mains, conduits, and overland drainageways as the City shall from time to time elect for conveying storm water, with all necessary appliances and fittings, for the use in connection with said lines, together with adequate protection therefor, and also a right of way, with the right of ingress and egress thereto, over and across the area designated as "Storm Water Easement" as shown on the Final Plat of Saddlebrook Addition Part 3 hereafter described as "easement area." Subdivider further grants to the City: 1. The right of grading said easement areas for the full width thereof, and to extend the cuts and fills for such grading into and onto said lands along and outside of the said easement area to such extent as the City may find reasonably necessary. 2. The right from time to time to trim, cut down and clear away any and all trees and brush on said easement area and also to trim, cut down and clear away any trees on either side of said easement area which now or hereafter in the opinion of the City may be a hazard to said easement area, or which may interfere with the exercise of the City's rights hereunder in any manner. The City shall promptly backfill any trench made by it, and repair any damages caused by the City within the easement area. The City shall indemnify Subdivider against unreasonable loss or damage which may occur in the negligent exercise of the easement rights by the City. Except {00059939) 1 3 as expressly provided herein, the City shall have no responsibility for maintaining the easement area. Subdivider reserves the right to use said easement area for purposes which will not interfere with the City's full enjoyment of the rights hereby granted; provided that the Subdivider shall not erect or construct any building, fence, 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. Subdivider does hereby covenant with the City that it is lawfully seized and possessed of the real estate above described, and that it has a good and lawful right to convey it, or any part thereof. Nothing in this Agreement shall be construed to impose a requirement on the City to install the original public improvements at issue herein. Nor shall Subdivider be deemed acting as the City's agent during the original construction and installation of said improvement. Parties agree that the obligation to install the public improvement(s) herein shall be in accordance with City specifications, and the obligation shall remain on Subdivider until completion by Subdivider, and until acceptance by the City, as by law provided. The provisions hereof shall inure to the benefit of and bind the successors and assigns of the respective Parties hereto, and all covenants shall apply to and run with the land and with the title to the land. Dated this 1411'* day of December, 2015. THE PADDOCK, LLC By: AM Management, Inc., Its Manager By: Steve Gordon, Vice -President CLUBHOUSE INVESTMENTS, LLC By: AM Management, Inc., Its Manager By: Steve Gordon, Vice -President {00059939} 1 3 CITY OF IOWA CITY, IOWA By:.coil.. Matthew J. Haye , ay r By: )11 atl�x/ 9f • aAaJ Mahan K. Karr, City Clerk STATE OF IOWA, COUNTY OF JOHNSON, ss: This instrument was acknowledged before me on this /y* day of December, 2015, ice -President of AM Management, Inc., of The Paddock, LLC. 44 MICHAEL J PUGH i F Canmftsbn Number 175282iV 6 My Commtcsdon A. Fires Juty 2e, 2018 Notary Public in a0d fora State STATE OF IOWA, COUNTY OF JOHNSON, ss: This instrument was acknowledged before me on this IyK day of December, 2015, by Steve Gordon, Vice -President of AM Management, Inc., Manager of Clubhouse Investments, MICHAEL J PUGH Ad=== �c nNumber , // July26, 2018 Notar Public in Lan forsai tate STATE OF IOWA, COUNTY OF JOHNSON, ss: On this / 51A day of December, 2015, before me, the undersigned, a Notary Public in and for said County and State, personally appeared Matthew J. Hayek and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa, a municipal corporation; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and the instrument was signed and sealed on behalf of the corporation by authority of its City Council, and the said Mayor and City Clerk did acknowledge the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. KELLIE K. TUTTLE `'�-�C�'e le I&-4 mr! _"Mumber 22181 otary Public in and for said State >1y ( orgmissipn Expires {00059939} 3 3 Prepared by: Michael J. Pugh 1100 Sixth Street, Suite 102 (319) 351-2028 Pugh Hagan Prahm PLC Coralville, Iowa facsimile (319) 351-1102 RELEASE OF WATER MAIN EASEMENT SADDLEBROOK ADDITION PART 3 WHEREAS, in conjunction with the subdivision of Saddlebrook Addition — Part 2 (Including a resubdivsion of Lot 4 of Saddlebrook Addition, Part 1), Iowa City, Iowa, the City of Iowa City ("City") entered into a certain Water Main Easement Agreement ("Agreement") with The Paddock, L.L.C. and Lake Calvin Properties, which Agreement is dated February 6, 2001, and was recorded February 20, 2001, in Book 3037, at Page 304 of the records of Johnson County, Iowa; WHEREAS, under the terms of the Agreement, the City was granted a water main easement over and across those areas designated on the final plat of Saddlebrook Addition — Part 2 ("Existing Water Main Easement'); WHEREAS, the Subdivision is a resubdivision of part of Saddlebrook Addition — Part 2 and in conjunction with the subdivision proceedings for the Subdivision, the City is being granted new easements for water main purposes rendering portions of the Existing Water Main Easement unnecessary; and WHEREAS, the City does now desire to release a part of the Existing Water Main Easement. NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the City does hereby release any and all interest it may have in the Existing Water Main Easement as specifically designated and described on the Final Plat of Saddlebrook Addition Part 3 as "TO BE VACATED". This Release is being executed and recorded contemporaneously with the legal documents effectuating the final plat of the Subdivision. The City retains all other easements shown on the final plat of Saddlebrook Addition — Part 2. [Signature Pages Follow] {00060985} 3 [Signature Page of Release of Water Main Easement] Dated: December /5m , 2015 CITY OF IOWA CITY, IOWA Matthew J. Hayek, ayor By: _ //'l� 9C . 9�a4,t) MNr4an K. Karr, City Clerk STATE OF IOWA, COUNTY OF JOHNSON, ss: On this 15A day of December, 2015, before me, the undersigned, a Notary Public in and for said County and State, personally appeared Matthew J. Hayek and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa, a municipal corporation; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and the instrument was signed and sealed on behalf of the corporation by authority of its City Council, and the said Mayor and City Clerk did acknowledge the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. .,i='�±at � KELLIE K. TUTTLE ?lumber 221 B19 ". '.'y Gon-m---iZ Expires Notary Public in and for said State {00060985} 13 Prepared by: Michael J. Pugh 1100 Sixth Street, Suite 102 (319) 351-2028 Pugh Hagan Prahm PLC Coralville, Iowa facsimile (319) 351-1102 OFFSITE SANITARY SEWER EASEMENT AGREEMENT SADDLEBROOK ADDITION PART 3 THIS AGREEMENT made by and between Lake Calvin Properties, L.L.C., hereinafter referred to as "Owner', and the City of Iowa City, Iowa, a municipal corporation, hereinafter referred to as the "City". WITNESSETH: IT IS, THEREFORE, HEREBY AGREED AS FOLLOWS: For the sum of $1.00 plus other valuable consideration, the receipt of which is hereby acknowledged, Owner hereby grants and conveys to the City an easement for the purposes of grading and/or excavating for and the installation, replacement, maintenance and use of sanitary sewage lines, pipes, mains, and conduits as the City shall from time to time elect for conveying sewage and to facilitate use of the easement area for the purposes for which it has been granted. This easement for multiple purposes shall also allow all necessary equipment, appliances and fittings, for the use in connection with said multiple purposes, together with adequate protection therefor, and also a right of way, with the right of ingress and egress thereto, over and across the areas described as "Off -Site Sanitary Sewer Easement" as shown on the Final Plat of Saddlebrook Addition Part 3 hereafter described as "Easement Area'. Owner further grants to the City: 1. The right of grading said easement area for the full width thereof and to extend the cuts and fills for such grading into and onto said lands along and outside of the said Easement Area to such extent as the City may find reasonably necessary. 2. The right from time to time to trim, cut down and clear away any and all trees and brush on said Easement Area and also to trim, cut down and clear away any trees on either side of said Easement Area which now or hereafter in the opinion of the City may be a hazard to said Easement Area, or which may interfere with the exercise of the City's rights hereunder in any manner. (00060860) 1 The City shall indemnify Owner against 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, repairing or improving the Easement Area. Owner reserves the right to use said Easement Area for purposes which will not interfere with the City's full enjoyment of the rights hereby granted, including, but not limited to, growing crops and other agricultural purpose; provided that the Subdivider shall not erect or construct any building, fence, retaining wall or other structure, plant any trees, drill or operate any well, or construct any reservoir or other obstruction on said areas, or diminish or substantially add to the ground cover over said Easement Area. Fences and/or trees placed in the easement area, with or without City approval, may be removed by the City without compensation or replacement. Owner does hereby covenant with the City that it is lawfully seized and possessed of the real estate above described, and that Owner has a good and lawful right to convey it, or any part thereof. Nothing in this Agreement shall be construed to impose a requirement on the City to install the original public improvement at issue herein. In connection with any such installations by Owner, the Owner shall not be deemed acting as the City's agent during the original construction and installation of such improvements. Parties agree that the obligation to install the public improvement(s) herein shall be in accordance with City specifications, and all Subdivider's obligations for installation of initial improvements shall remain on Owner until completion and until acceptance by the City, as by law provided. After acceptance of the initial improvements, the City shall, at its expense, thereafter maintain, repair and replace any such public improvements. The City shall promptly backfill any trench made by it, and repair any damages caused by the City within the Easement Area. City covenants and agrees that existing driveways, fences, underground drainage tile or other site features, which are removed or disturbed shall, to the extent reasonably possible, be replaced by City to conform with features or items removed during maintenance of the public improvements. City covenants and agrees to remove and stockpile existing topsoil from areas to be excavated, to be used in the event of any repair. Following installation of the public improvement, all areas within the Easement Area which are disturbed will be graded to form a uniform slope, and topsoil shall be replaced and respread over disturbed areas, thereby restoring said area substantially to its prior condition. The provisions hereof shall inure to the benefit of and bind the successors and assigns of the respective Parties hereto, and all covenants shall apply to and run with the land and with the title to the land. Dated this N� day of December, 2015. LAKE CALVIN PROPERTIES, L.L.C. By: AM Management, Inc., Its, Manager By:�� Steve Gordon, Vice -President {00060860} 2 CITY OF IOWA CITY, IOWA By: 4Ct! Matthew J. Hayek, M yor By: N N � &24'd— Marlam K. Karr, City Clerk STATE OF IOWA, COUNTY OF JOHNSON, ss: This instrument was acknowledged before me on this 10% day of December, 2015, by Steve Gordon, Vice -President of AM Management, Inc., Manager of Lake Calvin Properties, L.1 Q 44 MICHAEL) PUGH F O my om n sawNumber 175282 Bores July 26, 22018 Notary Public in arfd for sa6 State STATE OF IOWA, COUNTY OF JOHNSON, ss: On this 15 'Pk day of December, 2015, before me, the undersigned, a Notary Public in and for said County and State, personally appeared Matthew J. Hayek and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa, a municipal corporation; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and the instrument was signed and sealed on behalf of the corporation by authority of its City Council, and the said Mayor and City Clerk did acknowledge the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. I el;"11 CfmKELLIE Kunbe 221819 1"i !.'r; Lµµcmmissi n Expires Notary Public in and for said State (00060860) 3 7 Prepared by and after recording return to: Michael J. Pugh 1100 6th Street, Ste. 102 Phone: (319) 351-2028 Pugh Hagan Prahm PLC Coralville, IA 52241 Fax: (319) 351-1102 FIRST AMENDMENT TO THE SUBDIVIDER'S AGREEMENT FOR SADDLEBROOK ADDITION PART 2 (including a resubdivision of Lot 4 of Saddlebrook Addition, Part 1) This FIRST AMENDMENT TO THE SUBDIVIDER'S AGREEMENT FOR SADDLEBROOK ADDITION PART 2 (including a resubdivision of Lot 4 of Saddlebrook Addition, Part 1) (the "First Amendment"), by and between The Paddock, L.L.C., an Iowa limited liability company (the "Subdivider"), and the City of Iowa City, Iowa, a municipal corporation (the "City"), is made effective as of the ISA day of December, 2015. RECITALS: A. Subdivider and the City entered into that certain Subdivider's Agreement regarding the development of Saddlebrook Addition Part 2 (including a resubdivision of Lot 4 of Saddlebrook Addition, Part 1) (the "Subdivision"), which agreement is dated February 6, 2001, and was filed in the Johnson County Recorder's Office on February 20, 2001, in Book 3037, at Page 304 (the "Subdivider's Agreement"). B. Subdivider and the City entered into that certain Conditional Zoning Agreement regarding the rezoning of 21.04 acres of property to an OPD/RS 12 zone to allow 72 multi -family dwelling units to be constructed south of Paddock Circle and west of Heinz Road (the "Project"), which agreement is dated February 23, 2015, and was filed in the Johnson County Recorder's Office on February 26, 2015, in Book 5335, at Page 558 (the "CZA"). C. The real estate subject to the CZA is legally described on the attached Exhibit "A" (the "Property"). D. The Property lies within a portion of the Subdivision. {00052356} IN E. Section 3(i) of the CZA requires the Subdivider to amend the Subdivider's Agreement as a condition precedent to obtaining a building permit for the Project. NOW THEREFORE, in consideration of the forgoing recitals, the Subdivider and the City agree to amend the Subdivider's Agreement as follows: subsection: Section I of the Subdivider's Agreement is hereby amended to add the following F. In no case shall a building permit be issued for any development activity east of Shire Lane as shown on the Preliminary OPD Plan recorded at Book 5335, Page 558, seq. 5 in the Records of the Johnson County, Iowa Recorder, until Subdivider has (i) installed and dedicated to the City that portion of Mustang Lane located west of Heinz Road, as shown on the Preliminary OPD Plan recorded at Book 5335, Page 558, seq. 5 in the Records of the Johnson County, Iowa Recorder; and (ii) installed and dedicated to the City that portion of Heinz Road from Shetland Lane south to Mustang Lane, as shown on the final plat for the Subdivision. 2. Section 3 of the Subdivider's Agreement is hereby amended by adding the following: No escrow may be provided in lieu of installing the improvements required by Section IF prior to the issuance of a building permit for any development activity east of Shire Lane. 3. Except as amended by this First Amendment, the terms and conditions of the Subdivider's Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the undersigned executed this First Amendment effective as of the date first written above. (00052356) [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] 2 0 [SIGNATURE PAGE OF FIRST AMENDMENT] THE PADDOCK, L.L.C. By: AM Management, Inc., Its Manager By: Steve Gordon, Vice -President CITY OF IOWA CITY By: Matthew J. Hayek, tlayor Attest: )49z"��) e. ka l0 By: Marian K. Karr, City Clerk STATE OF IOWA, COUNTY OF JOHNSON, SS. Approved by: -1/yl/lin City Attorney's Office �Z�IS/rr This instrument was acknowledged before me on this _Z3_ day of November, 2015, by Steve Gordon, Vice -President of AM Management, Inc., Manager of The Paddock, L.L.C. F Bsion MURPHY9Commission Number 751635.My Com us ion E�piiesNotary P lic in and or aid State STATE OF IOWA, COUNTY OF JOHNSON, SS. On this /S_�4 day of December, 2015, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Matthew J. Hayek and Marian K. Karr, to me personally known, and who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by authority of its City Council; and that Matthew J. Hayek and Marian K. Karr acknowledge the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it and them voluntarily executed. �A�s^ KEL n K. TUTTLE u°?1. CnmriP_-'-m }himber 221819 `• cS i ty Gomi]�issicqExpires Notary Public in and for said State 100052356} EXHIBIT "A" LEGAL DESCRIPTION LOT 6, SADDLEBROOK ADDITION PART 2, AS RECORDED IN JOHNSON COUNTY RECORDER'S OFFICE BOOK 42, PAGE 246, AND AUDITOR'S PARCEL 2015004 AS RECORDED IN JOHNSON COUNTY RECORDER'S OFFICE BOOK 59, PAGE 129. {00052356} 0 Doc ID: 026205390009 Type: GEN Kind: ORDINANCE Recorded: 01/26/2016 at 10:48:31 AM Fee Amt: $47.00 Pape 1 of 9 Johnson County Iowa Kim Painter County Recorder BK5467 PG893-901 (-'EC STATE OF IOWA ) ) SS JOHNSON COUNTY ) I, Marian K. Karr, City Clerk of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of Ordinance No. 16-4654 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 19th day of January, 2016, is a true and correct copy, all as the same appears of record in my office. Dated at Iowa City, Iowa, this 2-16+ day of 2016. 2 �-) e, egw-J MarianK. Karr City Clerk \ord CORPORATE SEAL 410 EAST WASHINGTON STREET • IOWA CITY, IOWA 52240-1826 • (319) 356-5000 • FAX (319) 356-5009 A Prepared by: Karen Howard, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5251 (REZ15-00020) ORDINANCE NO. 16-4654 AN ORDINANCE CONDITIONALLY REZONING APPROXIMATELY 1.03 ACRES OF PROPERTY FROM COMMUNITY COMMERCIAL (CC -2) ZONE TO RIVERFRONT CROSSINGS — CENTRAL CROSSINGS (RFC -CX) ZONE LOCATED AT 602, 604, 608, 610, 614, 620, 628 SOUTH DUBUQUE STREET (REZ15- 00020). WHEREAS, the applicant, HD Capital Partners, LLC, has requested a rezoning of property located at 602, 604, 608, 610, 614, 620, 628 South Dubuque Street from Community Commercial (CC -2) Zone to Riverfront Crossings — Central Crossings (RFC -CX); and WHEREAS, the Downtown and Riverfront Crossings Master Plan was adopted in January 2013 as an integral part of the City's Comprehensive Plan and the subject property is located in the Central Crossings Subdistrict of the Riverfront Crossings District; and WHEREAS, the Riverfront Crossings — Central Crossings (RFC -CX) Zone was developed to help implement the vision of the Riverfront Crossings Master Plan by encouraging redevelopment that will maintain a pedestrian -friendly character along S. Dubuque Street with a mix of residential and small retail uses that will build on on-going efforts to improve quality residential and storefront design in a manner that is contextual with the medium scale of the neighborhood and that will leverage future investments in transit and other public infrastructure; WHEREAS, the requested rezoning will result in a significant increase in the residential population in the area and to achieve comprehensive plan goals for improved living environments and contextual infill, new buildings should be broken into modules that help break up the mass and scale of new buildings and provide needed open space for residents and/or outdoor amenity space for small neighborhood -serving 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 the applicant creates mid -block shared, useable open space between the buildings and between building wings as conceptually shown on the submitted site plan; and WHEREAS, Iowa Code §414.5 (2015) provides that the City of Iowa City may impose reasonable conditions on granting an applicant's rezoning request, over and above existing regulations, in order to satisfy public needs caused by the requested change; and WHEREAS, the owner and applicant have agreed that the property shall be developed in accordance with the terms and conditions of the Conditional Zoning Agreement attached hereto, to satisfy public needs caused by the requested development to ensure appropriate development in this area of the city. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I APPROVAL. Subject to the Conditional Zoning Agreement attached hereto and incorporated herein, property described below is hereby zoned Riverfront Crossings — Central Crossings (RFC -CX): Lots 5, 6, 7 and portions of Lot 8 described as: commencing at the northwest corner of Lot 8; thence south 24 feet and 4 inches, thence east 90 feet, thence north 24 feet and 4 inches, thence west 90 feet to the place of beginning; and beginning at a point 24 feet 4 inches south of the Northwest Corner of Lot 8, thence south 25 feet, 2 inches, thence east 90 feet, thence north 25 feet, 2 inches, thence west to the place of beginning; and the South 30'% feet of Lot 8, all in Block 10 in that part of Iowa City, Iowa, known as the County Seat of Johnson County, Iowa, according to the recorded plat thereof recorded in Book 1 and 2, Page 253, Deed Records of Johnson County, Iowa. SECTION II. ZONING MAP. The building official is hereby authorized and directed to change the zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval and publication of the ordinance as approved by law. Qrdinance No. 16-4654 Page 2 SECTION III. CONDITIONAL ZONING AGREEMENT. The mayor is hereby authorized and directed to sign, and the City Clerk attest, the Conditional Zoning Agreement between the property owner(s) and the City, following passage and approval of this Ordinance. SECTION IV. CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance, the City Clerk is hereby authorized and directed to certify a copy of this ordinance, and record the same in the Office of the County Recorder, Johnson County, Iowa, at the Owner's expense, upon the final passage, approval and publication of this ordinance, as provided by law. SECTION V. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION VI. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION VII. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this 19th day of January , 2016. M OR ATTEST: ��Ll�dd tib h-'- �/ ' C CLERK Approved -.by: CORPORATE SEAL City Attorney's Office IN Ordinance No. 16-4654 Page 3 It was moved by Mims and seconded by Dickens that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: x x x x x x ABSENT: ABSTAIN: x Botchway Cole Dickens Mims Taylor Thomas Throgmorton First Consideration 12/15/2015 Voteforpassage: AYES: Hayek, Mims, Payne, Throgmorton, Botchway, Dickens, Dobyns. NAYS: None. ABSENT: None. Second Consideration 01/05/2016 Voteforpassage: AYES: Taylor, Thomas, Throgmorton, Botchway, Dickens, Mims. NAYS: None. ABSENT: None. ABSTAIN: Cole. Date published 01/28/2016 Prepared by; Karen Howard, 410 E. Washington, Iowa City. IA 52240 (319) 356-5251 (REZ15-00020) CONDITIONAL ZONING AGREEMENT THIS AGREEMENT is made between the City of Iowa City, Iowa, a municipal corporation (hereinafter "City"), HD Capital Partners, LLC (hereinafter "Applicant'), and Dubuque & Prentiss Investments, LC (referred to hereinafter as "Owners"). WHEREAS, Owners are the legal title holders of 602, 604, 608, 610, 614, 620, and 628 South Dubuque Street, Iowa City, Iowa, together comprising approximately 1.03 acres of property; and WHEREAS, the Applicant has requested the rezoning of said properties from Community Commercial (CC -2) to Riverfront Crossings — Central Crossings (RFC -CX); and WHEREAS, the Planning and Zoning Commission has determined that the requested rezoning will result in a significant increase in the residential population in the area and to achieve comprehensive plan goals for improved living environments and contextual infill, new buildings should be broken into modules that help break up the mass and scale of new buildings and additional conditions for mid -block shared open space between buildings and within rear courtyards as shown on the concept plan submitted by the applicant will ensure that the requested zoning is consistent with the Comprehensive Plan; WHEREAS, Iowa Code §414.5 (2015) provides that the City of Iowa City may impose reasonable conditions on granting an applicant's rezoning request, over and above existing regulations, in order to satisfy public needs caused by the requested change; and WHEREAS, certain conditions and restrictions are reasonable to ensure the development of the property is consistent with the Comprehensive Plan and the need for a safe, attractive, and comfortable environment for residential living. NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties agree as follows: Dubuque & Prentiss Investments, LC is the legal title holder of the property legally described as: Lots 5, 6, 7 and portions of Lot 8 described as: commencing at the northwest corner of Lot 8; thence south 24 feet and 4 inches, thence east 90 feet, thence north 24 feet and 4 Inches, thence west 90 feet to the place of beginning; and beginning at a point 24 feet 4 inches south of the Northwest Corner of Lot eight (8), thence south 25 feet 2 inches, thence east 90 feet, thence north 25 feet 2 inches, thence west to the place of beginning; and the South 30'% feet of Lot eight (8), all In Block 10 in that part of Iowa City, Iowa, known as the County Seat of Johnson County, Iowa, according to the recorded plat thereof recorded in Book 1 and 2, Page 253, Deed Records of Johnson County, Iowa. 1 of 4 2. The Applicant and Owner acknowledge that the City wishes to ensure conformance to the principles of the Comprehensive Plan, including the Central Crossings Subdistrict of the Downtown and Riverfront Crossings Master Plan, and the Owner intends to comply therewith. Further, the parties acknowledge that Iowa Code §414.5 (2015) provides that the City of Iowa City may impose reasonable conditions on 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 redevelopment of the subject property will conform to all requirements of the zoning chapter, as well as the following conditions to be satisfied upon redevelopment of the property: 1) Redevelopment of the above-described property shall be in general conformance with the attached conceptual site plan, particularly with regard to the separation of buildings with a mid -block, useable open space between the buildings as shown on the conceptual site plan, attached hereto. The mid -block space between the buildings must be at least 35 feet wide and designed as a "private pedestrian street", as set forth in City Code Section 14 -2G -7B, Pedestrian Streets. Due to the sloping topography of the site this space may be located on top of a parking structure that is located below the grade of Dubuque Street, such that the mid -block pedestrian street Is at the level of and can be accessed from the Dubuque Street frontage, but may be elevated above the level of the rear alley. In such a case, direct access to the alley from the private pedestrian street need not be provided. 2) Upon redevelopment, useable shared open space with minimum dimensions 35 feet x 70 feet is required in a rear courtyard between the wings of the southern building, as shown on the conceptual site plan, attached hereto. The courtyard must be configured as shared useable open space meeting the design standards in 14-213-7E, Open Space Requirements for Projects with Residential Use. 4. The condition contained herein is a reasonable condition to impose on the land under Iowa Code §414.5 (2015), and that said condition satisfies public needs that are caused by the requested zoning change. 5. In the event the subject property is transferred, sold, redeveloped, or subdivided, all development will conform with the terms of this Conditional Zoning Agreement. 6. This Conditional Zoning Agreement shall be deemed to be a covenant running with the land and with title to the land, and shall remain in full force and effect as a covenant with title to the land, unless or until released of record by the City of Iowa City. 7. This agreement shall inure to the benefit of and bind all successors, representatives, and assigns of the parties. 8. Nothing in this Conditional Zoning Agreement shall be construed to relieve the Owner or Applicant from complying with all other applicable local, state, and federal regulations. 9. This Conditional Zoning Agreement shall be incorporated by reference into the ordinance rezoning the subject property, and that upon adoption and publication of the ordinance, this agreement and the attached conceptual site plan shall be recorded in the Johnson County Recorder's Office at the Applicant's expense. Dated this 19th day of January , 201/ 2 of 4 A CITY WA Cl James A. Throgmorton , Mayor By: HD Capital Partners, LLC Attest:- ' Ma n. K. Karr, City Clerk By: Michael Approved by: U City Attorney's Office 12- evin Dig Manager CORPORATE SEAL By: Dubuque & Prentiss Investments, LC CITY OF IOWA CITY ACKNOWLEDGEMENT: STATE OF IOWA ) ) ss: JOHNSON COUNTY ) This instrument was acknowledged before me on January 19 , 2016 by James A. Throgmorton and Marian K. Karr as Mayor and City Clerk, respectively, of the City of Iowa City. Notary Public in and for the State of Iowa r'`'r iCcLLIE Y.. (Stamp or Seal) TUTTLE tuber?27819 _ ,y „101 Expires My commission expires: 3of4 A HD Capital Partners, LLC : STATE OF IOWA ) ) as: JOHNSON COUNTY ) This instrument was acknowledged before me on r D/ Ic—, 2015 by Michael E. Hodge and Kevin Digmann as Managers of HD Capital Partners, LLC. ,�) , O.J-41M q DENISE ROHM Not ubllc In a for the State of Iowa zNotarld Seal - Iowa Co ��. mmhsion No. 726690 00 MyoommissionExpires Feb w02,2016 (Stamp or Seal) My commission expires: ZI z )1.; Dubuque & Prentiss Investments, LC ACKNOWLEDGMENT: STATE OF IOWA ) ) as: JOHNSON COUNTY ) This instrument was acknowledged before me on / �J) q . 2015 by Michael E. Hodge as manager of Dubuque & Prentiss Investments, LC. n ,t Vr— Notary Public in and for the State of Iowa (Stamp or Seal) My commission expires: 2 4098(85).1/2015-12-10 Conditional Zoning Agreement 4of4 DENISE ROHM +mak NolarielSeal - Iowa Commission No. 726698 My Commission Expires Febwary 02, 2016 (Stamp or Seal) My commission expires: 2 4098(85).1/2015-12-10 Conditional Zoning Agreement 4of4 a STATE OF IOWA JOHNSON COUNTY Doc ID: 026206410006 Type: GEN Kind: RESOLUTION Recorded: 01/27/2016 at 01:49:09 PM Fee Amt: $32.00 Pape 1 of 6 Johnson County Iowa Kim Painter County Recorder BK5468 PG389-394 ) ) SS I r 1 . 0— -48t � w NOR Foe 444 aty of I, Marian K. Karr, City Clerk of Iowa City, Iowa, do hereby certify that the Resolution attached hereto is a true and correct copy of Resolution No. 16-22 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 19th day of January, 2016, all as the same appears of record in my office. Dated at Iowa City, Iowa, this Z tewl day of VO-Aaa 2016. Manan Karr City Clerk fires ' W CORPORATE SEAL 410 EAST WASHINGTON STREET • IOWA CITY, IOWA 52240-1826 • (319) 356-5000 • FAX (319) 356-5009 5 01-19-16 2d(12) Prepared by: Sara Greenwood Hektoen, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240, 356-5030 RESOLUTION NO. 16-22 RESOLUTION ACCEPTING THE DEDICATION OF A UTILITY EASEMENT WITHIN WALDEN WOOD, PART 10, IOWA CITY, IOWA. WHEREAS, the City approved the final plat of Walden Wood, Part 10 on November 12, 2013, pursuant to Resolution 13-328, which plat and associated legal agreements, including a utility easement agreement, were recorded in Book 5181, Pages 624-654, in the records of the Johnson County, Iowa Recorder's Office; and WHEREAS, during the course of constructing this subdivision, the utility companies requested that the developer grant a wider utility easement than it had granted with the original subdivision in order to accommodate the various utilities installed within this easement area; and WHEREAS, the owner, Walden Wood Lot 79, L.L.C. has agreed to make that dedication and enter into a utility easement agreement on terms substantially identical to the terms of the existing utility easement agreement; 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: Acceptance of the above -referenced easements, in a form of conveyance approved by the City Attorney's Office, is hereby approved and authorized. 2. Upon direction of the City Attorney, the Mayor is authorized to sign and the City Clerk to attest any and all documentation necessary to effectuate the acceptance of said easement dedications, and to record the same at the Walden Wood Lot 79, L.L.C.'s expense. Passed and approved this 19th day of January 2016. MPNOR Approved by ATTEST: zdi i / � /�1� ✓�l+n�ti7nz�ll��i��� CITYICLERK City Attorney's Office CORPORATE SEAL 6 Resolution No. 16-22 Page 2 It was moved by Mims and seconded by Thomas the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: ABSTAIN: x Botchway x Cole x Dickens x Mims x Taylor x Thomas x Throgmorton 301 Prepared by and Return to: C. Joseph Holland, Ste 300 123 N Linn St Iowa City. IA 52245 (3 19) 354-0331 UNDERGROUND UTILITY EASEMENT AGREEMENT Walden Wood Part 10 Walden Wood Lot 79 LLC ("Grantor")hereby grants to MidAmerican Energy, Centurylink Corporation, MediaCom Iowa, L.L.C., and the City of Iowa City, and their successors, ("Grantees") a perpetual easement upon, over, under, along and across the areas marked upon the attached Exhibit as "5' Utility Easement" sometimes referred to herein as the Easement Area. Grantees shall have the right to install, lay, construct, reconstruct, renew, operate, maintain and remove conduits, cables, pipes, electric lines within the Easement Area below the surface of the ground, and other equipment or appurtenances above the surface of the ground as may be necessary for the purposes of serving the Subdivision and other property with electricity, gas, and communication service; the right to trim, cut down and remove such trees, brush, saplings and bushes as may interfere with the proper construction, maintenance, operation or removal of said facilities, equipment and appurtenances; and the right of ingress and egress for all of the purposes aforesaid. Grantees shall promptly backfill any trench made by them, and repair any damages caused by them within the Easement Area. Grantees shall indemnify Grantor against unreasonable loss or damage which may occur in the negligent exercise of the easement rights by the City. Grantor, its successors in interest and assigns, reserve the right to use said Easement Area for purposes which will not interfere with the Grantee's full enjoyment of rights hereby granted; provided that Grantor shall not erect or construct any reservoir, fence, retaining wall or other obstruction on said areas, or diminish or substantially add to the ground cover over said Easement Area. No permanent dwellings or trees shall be placed on the areas so designated for Utility Easements, but with advance written authorization to the Grantee's Representatives the same may be used for gardens, shrubs, plantings, minor landscaping and other purposes that do not then or later interfere with the aforesaid uses or the rights herein granted, but such items placed in the Easement Area, with or without City approval, may be removed by the Grantees without compensation or replacement. Dated as of this %7' tday of 2015- ,J0-,L4A-a/2./J 2-01(p. E ,r��.rs Walden Wood Lot 79 LLC by: Southgate Develog�ment Services, L.L.C., Manager -v r/ By: Terry Silk(, ger CITY: By: 4"-�; Mayor James A. Throgmorton Ap roved by: nn,,aa City Attorney STATE OF IOWA ATTEST: Marian K. Karr, City Clerk CORPORATE SEAL )ss: JOHNSON COUNTY ) 10L This instrument acknowledged before me this � day of December, 2015, by Terry Sill, Manager of Southgate Development Services, L.L.C., Manager of Walden Wood Associates II LLC. " "'4 HOLLAND „n:oer 141011 >siun Expires — Tpw� b�arch 24, 2017 Notary Public in and for the State of Iowa C. JOSEPH HMy OLLAND Commission Nu 6/141011 March 24 'Expires STATE OF IOWA ) 7 )ss: JOHNSON COUNTY ) JQn 411 This instrument acknowledged before me this day of P.P=c=== � 04, by and Marian K. Karr, as the Mayor and City Clerk, respectively, of Slm�r1V0the City of Iowa City, Iowa. !/ h� l Notary Public in and for the State of Iowa <raeAr s KELLIE K. TUTTLE I ° ? Commirion Dumber 221819 Idly Ccm issio Expires 0'IA 5 EXHIBIT 5' UTILITY EASEMENT PART OF LOTS 10 THRU 18 AND PART OF OUTLOT A WALDEN WOOD PART 10, IOWA CITY, JOHNSON COUNTY, IOWA Ensnnc 10' OD P "A 2 LOT J URE STING zo'no' I N691lk1'E NG ID a0.00' SANITARY SEWER I NS9'16'4ENTI 3'E 101,D0 WA C1TpAGE 94 SXANTARY2D EASEMENi�Oo, t( 3O `1 SEWER EASEMENT DO N6916'43'E 2DI.6a' � }} 150.00• - 20'�/ I 103026. •, l it ll�' II✓��So.00' f M.5/8'REBM i -p6/ ND'36'39'W 'f� 1- $1N8912'45'E �A 150.00'1 �111m 1 I iA/PHoow�Asnc jNO''W'.,9'WRSE 20.00'�j— ,(1120:0 .11 r I INCI— N8912'45'E �y 150.00' — IN, ACCESS EASEMENT r � i20.00'I A. 120.00'1 I p ----- I— INB922'45'E 1p 1150.00' L.. 0.' N89R]21'E '7I 172.89' —1- — �— 1--1 d NO'3639 W - ------ NBn3'21'E 0.00'1 1 120.0• a > 3I 4.00' • EXISTING STORM 29.07' N8912'45'E �Q& 1150.00'1 4-. 3 I WATER MANAGEMENT 6 FACILITY ANO ACCESS NO -36'39'W ---I- 4 I I I EASEMENT 9.36' 1 I N8912'45'E 1 1 1 f O 58913217'1 2]0.39 .]0.00' 150.00' SS I jl EI N9Y4T1SE ------ N89'14'2TE V 11 -1a P90.22• Iy---OIJV,OTCOOUif- r u St 130.00 I ESSTNG F .0.001 — I WA1 WAY .Z Co 6\ �,s\ 5 n 0.001 1fi20.00' EASEMENT O e\ -40 5 ' PCQ GQ R P N8912'45'E — 1150.00' a ��\oElaQ ye Q `SFCaJR� i 1n 20.00'1 I o IN8972'45'E 1pR 1150.00'1 1 \OSP 0 --- 5\1 g6/ \NXB•'M 09-W _69.29'_. 1 50.00' WSTING 20• 5�1�30.0 111 f 40• -� -i5j5 ASW NO14.48''W I� SENER EASEMENT T _' ' uSANITARY nun 10 -15 11.t8'� NL LJ_-- — 2D recrurur M. CUT (S8855,20'W) u: (203.72') Saw 00'W 203.44' p \ \ �VJ�IIN4 WALKWAY \ \ EASEMENT \ \ NIB'31'15 \ W/ YELLOW MST \g \ \\ CAP NO. 6709 EXISTING IS' \ STORM SEW£ ---- EASEMENT LEGAL DESCRIPTION N5912'45'E I � IIu I rlllry L -b1 j) 87.]f �L 102,79' 1 EXISTING NMM9'13'W WAU(WAY 5.02—J EASEMENT I I ^o I PONTI �dOFF NNING l� F0. CUTINWV9'13'W4044----10.03' -fes EMSTNG 20' SMITHY I 1 & UTILITY EASEMENT` I PART OF LOTS 10 THRU 18 AND PART OF OUTLOT A, WALDEN WOOD PART 10, IOWA CITY, JOHNSON COUNTY, IOWA AS RECORDED IN BOOK 58, PAGE 61 IN THE OFFICE OF THE JOHNSON COUNTY, IOWA RECORDER DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF OUTLOT A, WALDEN WOOD PART 10; THENCE N86'09'13"W 10.03 FEET ALONG THE SOUTH LINE OF SAID OUTLOT A TO THE POINT OF BEGINNING; THENCE CONTINUING N86'09'13'W 5.02 FEET ALONG SAID SOUTH LINE; THENCE NO'41'24"W 286.50 FEET TO THE NORTH LINE OF LOT 10, WALDEN WOOD PART 10; THENCE N89'16'43"E 5.00 FEET ALONG SAID NORTH LINE; THENCE SO'41'24"E 286.90 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 0.03 ACRES, SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. SURVEY LEGEND FD. 1/2" REBAR W/YELLOW a PLASTIC CAP NO. 18769 UNLESS OTHERWISE NOTED RECORDED AS -------------- EASEMENT LINE SURVEY WORK PERFORMED: - - - - 1/4-1/4 SECTION LINE 10/25/13 — EXISTING LOT LINE u �' I I 0 30 60 90 120 GRAPHIC SCALE IN REEF SCALE 1,-60' OWNER/PREPARED FOR: WALDEN WOOD LOT 79 LLC SURVEYOR: RYAN R. REMLING LS. HALL & HALL ENGINEERS INC 1860 BOYSON ROAD HIAWATHA, IOWA 52233 319-362-9548 ui�rsa 6y. DLK CnttLeB fiy, u 5 a E 6EXHIBIT T UTILITY EASEMENT = ° u �' CO 119 3' � P u�- , PART OF LOTS 10 THRU 18 AND PART OF OUTLOT A WALDENWOODPART IO, IOWA CITY, JOHNSON COUNTY, IOWA 5 I I 0 30 60 90 120 GRAPHIC SCALE IN REEF SCALE 1,-60' OWNER/PREPARED FOR: WALDEN WOOD LOT 79 LLC SURVEYOR: RYAN R. REMLING LS. HALL & HALL ENGINEERS INC 1860 BOYSON ROAD HIAWATHA, IOWA 52233 319-362-9548 ui�rsa 6y. DLK CnttLeB fiy, u 5 r=2e' IIIIIIII1 11IIIIIIIIIIIIIIIIAIIIIII1111IIIIIIIIIIIIIIII11111111I1111111111111 k Doc ID: 026214310012 Type: GEN Kind: AMENDMENT Recorded: 02/05/2016 at 01:47:19 PM�11P Fee Amt: $62.00 Pape 1 of 12 Johnson Kim Painter nCoa�� County Recorder BK5472 PG278-289 '.► City oP &TN 1� STATE OF IOWA ) ) SS JOHNSON COUNTY ) I, Marian K. Karr, City Clerk of Iowa City, Iowa, do hereby certify that the Resolution attached hereto is a true and correct copy of Resolution No. 16-29 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 2nd day of February, 2016, all as the same appears of record in my office. Dated at Iowa City, Iowa, this tPA day of 2 b 2016. Ak � . MananKarr City Clerk fires CORk ORVE SEAL 410 EAST WASHINGTON STREET • IOWA CITY, IOWA 52240-1826 • (319) 356-5000 • FAX (319) 356-5009 Le Prepared by: Wendy Ford, 410 E. Washington St., Iowa City, IA 52240 (319) 3565248 RESOLUTION NO. 16-29 RESOLUTION APPROVING AMENDMENT NO.2 TO AN AGREEMENT FOR PRIVATE REDEVELOPMENT BY AND BETWEEN THE CITY OF IOWA CITY, IOWA AND A&M DEVELOPMENT II, L.L.C. FOR THE SABIN TOWNHOMES WHEREAS, the City and the Developer entered into an Agreement for Private Redevelopment on January 20, 2015, for the construction of 28 townhouses on Dubuque Street in the Riverfront Crossings Urban Renewal Area in connection with the construction of a municipal parking facility with three (3) units to be sold to an affordable housing provider, in exchange for TIF rebates of $976,277; and WHEREAS, the minimum improvements described in said agreement and shown on the conceptual drawings attached and incorporated into said Agreement, included garden terraces on the ground level and specified the type of material used for the exterior cladding; and WHEREAS, the Developer has engaged in further design of the project, and is requesting that the Agreement be amended to allow flexibility with regard to these two elements of the minimum improvements; and WHEREAS, these changes will not materially affect the value of the minimum improvements and the project will still comply with the goals and objectives of the urban renewal plan; WHEREAS, Staff recommends approval of this Amendment No. 2. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The Mayor is authorized and directed to execute, and the City Clerk to attached, the attached Amendment No. 2 to the Agreement for Private Redevelopment by and between the City and A&M Development II, L.L.C. 2. The City Clerk is hereby authorized and directed to certify this resolution, affix the City seal, and to record the same with the Johnson County, Iowa Recorder within 30 days of execution of the Amendment No. 2 at Developers expense. Passed and approved this 2nd day of February '20 16 MA R „ ATTEST: CITY ' ' R--- CORPORA' E SEPAL Approved by Uy Attorney's Office � /1 /fv 2 Resolution No. 16-29 Page 2 It was moved by Botchway and seconded by Mims the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: ABSTAIN: Botchway Cole _ x Dickens x Mims x Taylor x Thomas x Throgmorton 7 AMENDMENT NO. 2 TO AGREEMENT FOR PRIVATE REDEVELOPMENT By and Between THE CITY OF IOWA CITY, IOWA AND A&M DEVELOPMENT II, LLC. Agreement dated: January 20, 2015 First Amendment Dated: June 16, 2015 Second Amendment Dated: February 2, 2016 M THIS AMENDMENT NO.2 to the AGREEMENT FOR PRIVATE REDEVELOPMENT, (hereinafter called "Amendment No. 2 Agreement"), is made on or as of the 2."- day of February, 2016, by and among the CITY OF IOWA CITY, IOWA, a municipality (hereinafter called "City"), established pursuant to the Code of Iowa of the State of Iowa and acting under the authorization of Chapter 403 of the Code of Iowa, 2015, as amended (hereinafter called "Urban Renewal Act") and A&M DEVELOPMENT II LLC., having an office for the transaction of business at 1310 Highland Court, Iowa City, Iowa 52240 (the "Developer"). WITNESSETH: WHEREAS, the City and the Developer entered into an Agreement for Private Redevelopment on January 20, 2015, for the construction of 28 townhouses on Dubuque Street in the Riverfront Crossings Urban Renewal Area in connection with the construction of a municipal parking facility with three (3) units to be sold to an affordable housing provider, in exchange for TIF rebates of $976,277, said agreement being recorded at Book 5326, Page 67-101 in the records of the Johnson County, Iowa Recorder; and WHEREAS, said agreement was amended pursuant to Resolution 15-221, approved on June 16, 2015, to extend the completion date, said amendment being recorded at Book 5385, page 948, in the Records of the Johnson County, Iowa Recorder; and WHEREAS, the minimum improvements described in said agreement, and shown on the conceptual drawings attached and incorporated into said Agreement, included garden terraces on the ground level and specified the type of material used for the exterior cladding; and WHEREAS, the Developer has engaged in further design ofthe project, and is requesting that the Agreement be amended to allow flexibility with regard to these two elements of the minimum improvements; and WHEREAS, the requested amendments will not materially diminish the value of the minimum improvements; and WHEREAS, the project as amended will still satisfy the goals of the urban renewal area plan. NOW, THEREFORE, in consideration of the premises and the mutual obligations of the parties hereto, each of them does hereby covenant and agree with the other as follows: 1. EXHIBIT B MINIMUM IMPROVEMENTS shall be amended by deleting paragraph 2, and replacing it with the following: "Each townhome unit will include private outdoor space in the form of a balcony. The ground -level units will have landscaped areas between the stoop entrances and shrubs planted in the public right-of-way between the front property line and the public sidewalk that will be maintained by a homeowners association,. The townhomes will include high efficiency 0 heating and cooling units and low flow plumbing fixtures. The exterior cladding ofthe building shall be a combination of fiber -cement board, zinc shingles, and brick veneer. The improvements shall be built in conformity with the site layout, conceptual renderings, outline characteristics and floor plans attached hereto as Exhibit E." 2. EXHIBIT E shall be amended by substituting the original Exhibit E with the attached Exhibit E, which shall be deemed incorporated into the Agreement, as amended. 3. All other terms and conditions of the Agreement and Amendment No. 1 not inconsistent with this amendment remain in full force and effect. This Amendment shall be recorded at the Johnson County, Iowa Recorder's Office within 30 days of execution at Developer's expense. (SEAL) ID ' ATTEST, ` is e,o r BY: CITY OF IOWA CITE', IOWA By: ��L or App/r/Qved by: / ty r City Attorney A&M D T II, LLC By: CITY OF IOWA CITY STATE OF IOWA COUNTY OF JOHNSON On this 2"f -L day of Fe-bru-O-rrLrt-- , 2016, before me a Notary Public in and for said County, personally appeared James A. Throgmorton and Marian K. Karr, 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 Municipal Corporation, created and existing under the laws of the State of Iowa, and that the seal affixed to the foregoing instrument is the seal of said Municipal Corporation, and that said instrument was signed and sealed on behalf of said Municipal Corporation by authority and resolution of its City Council and said Mayor and City Clerk acknowledged said instrument to be the free act and deed of said Municipal Corporation by it voluntarily executed. Notary Public in and for the State of Iowa I alar XELLI� K. TUTTLE ,n J �. �„ Crmral:..i n plurnber 221679 � `4 ; i;is m_ss'on Expires IOYdM1 M A&M DEVELOPMENT II, LLC. STATE OF IOWA )SS COUNTY OF JOHNSON This instrument was acknowledged before me on this J day of maw 2016, by as manager of A&M DEVELOPMENT II, LLC. La\ S L-0,2±4 Notary PublidVin and for th®State of Iowa vANDY S- 9425 ca�p0 6 Sabin Townhomes A&M Development II LLC December2014 C-27 MI, r - SITE: The project Site is located on the block northwest of the Prentiss Street and Dubuque Street intersection, and is located on the property to the west of the city alley on that block. The site houses the old Sabin Elementary School and MidWestOnes Home Mortgage Center. The property is current owned by the University of Iowa. HARRISON STREET t R, r iscnsircr. pulkj 7hNngy _a I TowMomss PRENTISS STREl7. C-28 M R '`�� 4 �� f .� � �'. � �� . �,�� ,,III�� ��,, i �, �� _ � _ IIS � j � �1 -- ;: � � �'_ I _�__ �� t�, - ,\ ��� A. TOWNHOME FLOOR PLANS Fourth Level - Upper Home Third Level - Upper Home Second Level - Lower Home R -V 3-DW-V First Level - Lower Home MI r OUTLINE CHARACTERISTICS r Structure/Ederior. Wood framed structure with fire and acoustic separation Optimized insulation at walls and roof Modular brick cladding and fiber -reinforced panels Accent materials of decorative metal shingles and fiber cement panels Aluminum -framed windows and doors Access to structured parking direct from unit Merhantcal/Plumbing/LlghRng: High -efficiency electric heat pump heating and cooling system Recessed and surface -applied track lighting with LED lamps Polished -chrome plumbing fixtures selected for minimized water usage Porcelain sinks and acrylic showers/tubs Intedors: Approximately 9'-0' ceilings Daylight -filled interiors with smooth, painted finish on gypsum wall board Solid surface countertops and decorative plastic laminate cabinets EnergyStar appliances with stainless steel finish Carpel and file flooring C-31 0 r,ee Doc ID: 026214300007 Type: GEN Kind: ORDINANCE Recorded: 02/05/2016 at 01:42:37 PM Fee Amt: $37.00 Pape 1 of 7 r Johnson County Iowa Kim Painter County Recorder BK5472 P0271-277 '="' pmat 4d City Of omit C� STATE OF IOWA ) )SS JOHNSON COUNTY ) I, Manan K. Karr, City Clerk of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of Ordinance No. 16-4656 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 2nd day of February, 2016, is a true and correct copy, all as the same appears of record in my office. Dated at Iowa City, Iowa, this 2#k ` day of i --e 2016. Man C. Karr City Clerk RATE SEAL \ord 410 EAST WASHINGTON STREET • IOWA CITY, IOWA 52240-1826 • (319) 356-5000 • FAX (319) 356-5009 I i j 5b Prepared by: Bob Miklo, Senior Planner, 410 E. Washington Street, Iowa City, IA 52240; 319-3565240 (REZ15-00022) � ORDINANCE NO. 16-4656 AN ORDINANCE CONDITIONALLY REZONING APPROXIMATELY .98 ACRE LOCATED SOUTH OF IOWA AVENUE BETWEEN GILBERT AND VAN BUREN STREETS FROM NEIGHBORHOOD PUBLIC (P-1) TO CENTRAL BUSINESS SUPPORT (CB -5). (REZ15-00022) WHEREAS, the applicant, Allen Homes, Inc., has requested a rezoning of property located south of Iowa Avenue between Gilbert and Van Buren Streets from Neighborhood Public (P-1 ) to Central Business Support (CB -5 ); and WHEREAS, the Comprehensive Plan, specifically the Downtown Riverfront Crossings Master Plan supports the proposed combination of public, office, and residential uses; and WHEREAS the preservation of the Unitarian Church as a historic landmark in conjunction with development of the property hereby being rezoned would meet the historic preservation goals of the Comprehensive Plan; and WHEREAS, the Planning and Zoning Commission has determined that the proposed rezoning request complies with the Comprehensive Plan provided that the development of the property generally conforms with massing and scale shown_ on the concept plan and the Unitarian Church Building is designated as historic landmark; and WHEREAS, Iowa Code §414.5 (2015) provides that the City of Iowa City may impose reasonable conditions on granting a rezoning request, over and above existing regulations, in order to satisfy public needs caused by the requested change; and WHEREAS, the owner and applicant have agreed that the property shall be developed in accordance with the terms and conditions of the Conditional Zoning Agreement attached hereto to ensure appropriate development in this area of the city. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I APPROVAL. Property described below is hereby zoned Central Business Support (CB -5): BEGINNING AT THE NORTHEAST CORNER OF LOT 1, BLOCK 44, ORIGINAL TOWN OF IOWA CITY, IOWA, ACCORDING TO THE PLAT RECORDED IN PLAT BOOK 1, PAGE 116 IN THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE; THENCE S00"45'22"E, ALONG THE EAST LINE OF SAID LOT 1, AND ITS SOUTHERLY EXTENSION, 160.46 FEET TO CENTERLINE OF THE PLATTED ALLEY; THENCE S89019'44"W, ALONG SAID CENTERLINE, 319.30 FEET TO A POINT ON THE WEST LINE OF SAID BLOCK 44; THENCE N00°46'57"W, ALONG SAID WEST LINE, 50.58 FEET TO THE SOUTHWEST CORNER OF THE NORTH 110 FEET OF LOT 4, SAID BLOCK 44; THENCE N89°21'01"E, ALONG THE SOUTH LINE OF SAID NORTH 110 FEET OF LOT 4, A DISTANCE OF 79.84 FEET TO THE SOUTHEAST CORNER OF SAID NORTH 110 FEET OF LOT 4; THENCE N00°46'56"W, ALONG THE EAST LINE OF SAID LOT 4, A DISTANCE OF 110.00 FEET; THENCE N89°21'01"E, ALONG THE NORTH LINE OF LOTS 3, 2 AND 1, A DISTANCE OF 239.53 FEET TO THE POINT OF BEGINNING, CONTAINING 0.98 ACRE (42,477 SQUARE FEET) AND IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. SECTION II. ZONING MAP. The building official is hereby authorized and directed to change the zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval and publication of this ordinance by law. SECTION III. CONDITIONAL ZONING AGREEMENT. The mayor is hereby authorized and directed to sign, and the City Clerk attest, the Conditional Zoning Agreement between the property owner(s) and the City, following passage and approval of this Ordinance. SECTION 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. 1 Ordinance No. 16-4656 Page 2 SECTION V. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION VI. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this 2nd day of _ February 2016. MA R: Approved by: ATTEST:_,,y�rr�vt%��P� CITY CL City Attorney's Office CITY CLERK L 6' ► JIY1 I Ordinance No. 16-4656 Page 3 It was moved by Botchway and seconded by_ Ordinance as read be adopted, and upon roll call there were: Thomas that the AYES: NAYS: ABSENT: ABSTAIN: x Botchway x Cole x Dickens x Mims x Taylor x Thomas x Throgmorton First Consideration 01/05/2016 Voteforpassage: AYES: Mims, Taylor, Thomas, Throgmorton, Botchway, Cole, Dickens. NAYS: None. ABSENT: None. Second Consideration 01/19/2016 Voteforpassage: AYES: Botchway, Cole, Dickens, Mims, Taylor, Thomas, Throgmorton. NAYS: None. ABSENT: None. Date published 02/11/2016 I Prepared by: Bob Miklo, Senior Planner, 410 E. Washington, Iowa City, IA 52240 (319) 356-5240 (REZ15-00022) CONDITIONAL ZONING AGREEMENT THIS AGREEMENT is made between the City of Iowa City, Iowa, a municipal corporation (hereinafter "City"), City of Iowa City (hereinafter "Owner"), and Allen Homes, Inc. (hereinafter "Applicant"). WHEREAS, Owner is the legal title holder of approximately .98 acre of property located south of Iowa Avenue, north of Washington Street, between Gilbert and Van Buren streets; and WHEREAS, the Applicant has requested the rezoning of said property from Neighborhood Public (P-1) to Central Business Support (CB -5); and WHEREAS, the Planning and Zoning Commission has determined that, with preservation of the Unitarian Church Building and development at a scale appropriate for Iowa Avenue, the requested zoning is consistent with the Comprehensive Plan; and WHEREAS, Iowa Code §414.5 (2015) provides that the City of Iowa City may impose reasonable conditions on granting a rezoning request, over and above existing regulations, in order to satisfy public needs caused by the requested change; and WHEREAS, the Owner and Applicant acknowledges that certain conditions and restrictions are reasonable to ensure the development of the property is consistent with the Comprehensive Plan; and WHEREAS, the Applicant acknowledges the need to preserve the Unitarian Church building to comply with the policies of the Comprehensive Plan and acknowledges that the City intends to consider an ordinance designating that structure as a historic structure pursuant to the City zoning code; and WHEREAS, the Owner and Applicant agree to develop this property in accordance with the terms and conditions of a Conditional Zoning Agreement. NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties agree as follows: 1. The Owner is the legal title holder of the property legally described as: BEGINNING AT THE NORTHEAST CORNER OF LOT 1, BLOCK 44, ORIGINAL TOWN OF IOWA CITY, IOWA, ACCORDING TO THE PLAT RECORDED IN PLAT BOOK 1, PAGE 116 IN THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE; THENCE S00045'22"E, ALONG THE EAST LINE OF SAID LOT 1, AND ITS SOUTHERLY EXTENSION, 160.46 FEET TO CENTERLINE OF THE PLATTED ALLEY; THENCE S89019'44"W, ALONG SAID CENTERLINE, 319.30 FEET TO A POINT ON THE WEST LINE OF SAID BLOCK 44; THENCE N00046'57"W, ALONG SAID WEST LINE, 50.58 FEET TO THE SOUTHWEST CORNER OF THE NORTH 110 FEET OF LOT 4, SAID BLOCK 44; THENCE N8902ITI"E, ALONG THE SOUTH LINE OF SAID NORTH 110 FEET OF LOT 4, A DISTANCE OF 79.84 FEET TO THE SOUTHEAST CORNER OF SAID NORTH 110 FEET OF LOT 4; THENCE N00°46'56"W, ALONG THE EAST LINE OF SAID LOT 4, A DISTANCE OF 110.00 FEET; THENCE N89°21'01"E, ALONG THE NORTH LINE OF LOTS 3, 2 AND 1, A DISTANCE OF 239.53 FEET TO THE POINT OF BEGINNING, CONTAINING 0.98 ACRE (42,477 SQUARE FEET) AND IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. ppdadaJagihemning ma- Iowa ave city parking lot.doc 1 1 2. Owner and Applicant acknowledge that the City wishes to ensure conformance to the principles of the Comprehensive Plan and the Downtown Riverfront Crossings Master Plan. Further, the parties acknowledge that Iowa Code §414.5 (2015) provides that the City of Iowa City may impose reasonable conditions on granting a rezoning request, over and above the existing regulations, in order to satisfy public needs caused by the requested change. 3. In consideration of the City's rezoning the subject property, Owner and Applicant agree that development of the subject property will conform to all other requirements of the zoning chapter, as well as the following conditions: a. Development of this property shall be in general conformance with massing and scale shown on the concept plan attached here to and by reference made part of this agreement. 4. The Owner and Applicant acknowledge that the conditions contained herein are reasonable conditions to impose on the land under Iowa Code §414.5 (2015), and that said conditions satisfy public needs that are caused by the requested zoning change. 5. The Owner and Applicant acknowledge that in the event the subject property is transferred, sold, redeveloped, or subdivided, all redevelopment will conform with the terms of this Conditional Zoning Agreement. Applicant acknowledges, however, that this Conditional Zoning Agreement does not constitute an agreement between the Owner and Applicant for the conveyance of any property right to Applicant. The parties acknowledge that this Conditional Zoning Agreement shall be deemed to be a covenant running with the land and with title to the land, and shall remain in full force and effect as a covenant with title to the land, unless or until released of record by the City of Iowa City. The parties further acknowledge that this agreement shall inure to the benefit of and bind all successors, representatives, and assigns of the parties. 7. The Owner and Applicant acknowledge that nothing in this Conditional Zoning Agreement shall be construed to relieve the Owner or Applicant from complying with all, other applicable local, state, and federal regulations. 8. The parties agree that this Conditional Zoning Agreement shall be incorporated by reference into the ordinance rezoning the subject property, and that upon adoption and publication of the ordinance, this agreement shall be recorded in the Johnson County Recorder's Office at the Applicant's expense. Dated this 2nd day of February 20 16 CITY OF IOWA CITY ALLEN HOMES, INC. Mai r Byor Attest: ppdadnVagttrezoning aa. ima ave city parking lot.d= Z I tr% 7C 7C �ilrsr� Marian R Kgre, City Clerk ApproV64.6y: /d q4 t f� City Attorney's Office CITY OF IOWA CITY ACKNOWLEDGEMENT: STATE OF IOWA JOHNSON COUNTY ) -31 This instrument acknowledged before me this 2ruot day of ! �� 2016, by James A. Throgmorton and Marian K. Karr, as the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa. ftELLE K. TUTTLE C-mr:;i- i -r Nvmher221819 -.y C.a-r : Isr;J n Expires C� Notary Public in and for said State Allen Homes, Inc. LLC ACKNOWLEDGMENT: State ofd County of dah-FL6 ew This record was acknowledged before me on )3q aO 1-5 by Tem//Pn (Name(s) of individual(s) as �resl�K-F (type of authority, such as officer or trustee) of A 4nr , yni+ (name of party on behalf of whom record was executed) Notary Public in and for the State of. Iowa .•'•° (Stamp or Seal) Title (and Rank) NOTARIAL SEAT commission expires: ppdadMagthezoning cza-Iowa eve city parking lot.doc 3 rty- ,,.....I ........-- Doc 0ID: 026214620003 Type: GE Kind: RESOLUTION Recorded: / 0 Pape S /t of :67 PM FeeAmt: $17 Johnson County Iowa Kim Painter County Recorder SK5472 PG419-421 STATE OF IOWA ) ) SS JOHNSON COUNTY ) I, Marian K. Karr, City Clerk of Iowa City, Iowa, do hereby certify that the Resolution attached hereto is a true and correct copy of Resolution No. 16-35 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 2nd day of February, 2016, all as the same appears of record in my office. Dated at Iowa City, Iowa, this CORPORATE SEAL LP -A day of 2016. ?) �.J 7<" _ y�rf.✓ Marian arr City Clerk fires 410 EAST WASHINGTON STREET • IOWA CITY, IOWA 52240-1826 • (319) 356-5000 • FAX (319) 356-5009 V Prepared by: Sara Greenwood Hektoen, Asst. City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5230 Resolution No 16-35 RESOLUTION APPROVING THE CONVEYANCE OF A PORTION OF VACATED AIR RIGHTS ABOVE THE ALLEY BETWEEN LOTS 1 AND 8 OF BLOCK 8, COUNTY SEAT ADDITION TO MIDWEST ONE BANK. WHEREAS, MidWest One has asked the City Council to vacate certain air rights over a portion of the north -south alley on this block that connects East Harrison Street and East Prentiss Street, legally described on the attached Air Rights Vacation Exhibit; and WHEREAS, this request has been made to facilitate their construction and maintenance of a skywalk over the alley in conjunction with their redevelopment on this block; and WHEREAS, if the vacation is approved, MidWest One has asked that the City convey those vacated air rights to it for fair market value of $800; and WHEREAS, a public hearing was set for February 2, 2016 pursuant to Resolution 16-23, and held in accordance therewith after notice was published as required by law; and WHEREAS, finding the offered $800 to be fair market value for the air rights described on the attached Vacation Exhibit, Staff recommends approval. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The conveyance of certain air rights above the alley located on Block 8, County Seat Addition, Iowa City, Iowa, legally described in the attached Air Rights Vacation Exhibit, for payment of $800 is hereby approved. 2. The Mayor is authorized to sign, and the City Clerk to attest, the documentation necessary to effectuate this conveyance in a form approved by the City Attorney, and to record the same at MidWest One's expense. Passed and approved this 2nd day of February 2016. r MA '' .R p .. ATTEST_ { %%bu tiJ t ti CITY CtERK CORPORATE -SEAL Appro ed by Aae 7 City Attorney's Office N Resolution No. 16-35 Page 2 It was moved by Botchway and seconded by Mims the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: ABSTAIN: Botchway Cole _ x Dickens x Mims x Taylor x Thomas x Throgmorton 0 Doc ID: 026219480008 Type: GEN Recorded ORD1NANCE 02/12/2016 at 12:14:19 PM r Fee Amt: $42.00 Pape 1 of 8 = 1 Johnson County IonKim Painter CountVa ���qee rder BK5474 PG272Rec.279 - Zoffl � 'od City of AN c 401�1 STATE OF IOWA ) ) SS COUNTY OF JOHNSON ) I, Marian K. Karr, City Clerk of the City of Iowa City, Iowa, do hereby state that Ordinance No. 16-4656 was previously recorded on February 5, 2016, Book 5472, Page 271-277, and inadvertently omitted the site plan. Dated at Iowa City, Iowa, this 11th day of February, 2016. Marian . Karr City Clerk \lnaterial COW)P ATE SEAQ q 5b Prepared by: Bob Miklo, Senior Planner, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5240 (REZ15-00022) ORDINANCE NO. 16-4656 AN ORDINANCE CONDITIONALLY REZONING APPROXIMATELY .98 ACRE LOCATED SOUTH OF IOWA AVENUE BETWEEN GILBERT AND VAN BUREN STREETS FROM NEIGHBORHOOD PUBLIC (P-1) TO CENTRAL BUSINESS SUPPORT (CB -5). (REZ16-00022) WHEREAS, the applicant, Allen Homes, Inc., has requested a rezoning of property located south of Iowa Avenue between Gilbert and Van Buren Streets from Neighborhood Public (P-1 ) to Central Business Support (CB -5 ); and WHEREAS, the Comprehensive Plan, specifically the Downtown Riverfront Crossings Master Plan supports the proposed combination of public, office, and residential uses; and WHEREAS the preservation of the Unitarian Church as a historic landmark in conjunction with development of the property hereby being rezoned would meet the historic preservation goals of the Comprehensive Plan; and WHEREAS, the Planning and Zoning Commission has determined that the proposed rezoning request complies with the Comprehensive Plan provided that the development of the property generally conforms with massing and scale shown on the concept plan and the Unitarian Church Building is designated as historic landmark; and WHEREAS, Iowa Code §414.5 (2015) provides that the City of Iowa City may impose reasonable conditions on granting a rezoning request, over and above existing regulations, in order to satisfy public needs caused by the requested change; and WHEREAS, the owner and applicant have agreed that the property shall be developed in accordance with the terms and conditions of the Conditional Zoning Agreement attached hereto to ensure appropriate development in this area of the city. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I APPROVAL. Property described below is hereby zoned Central Business Support (CB -5): BEGINNING AT THE NORTHEAST CORNER OF LOT 1, BLOCK 44, ORIGINAL TOWN OF IOWA CITY, IOWA, ACCORDING TO THE PLAT RECORDED IN PLAT BOOK 1, PAGE 116 IN THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE; THENCE S00°45'22°E, ALONG THE EAST LINE OF SAID LOT 1, AND ITS SOUTHERLY EXTENSION, 160.46 FEET TO CENTERLINE OF THE PLATTED ALLEY; THENCE S89"19'44"W, ALONG SAID CENTERLINE, 319.30 FEET TO A POINT ON THE WEST LINE OF SAID BLOCK 44; THENCE NOO°46'57°W, ALONG SAID WEST LINE, 50.58 FEET TO THE SOUTHWEST CORNER OF THE NORTH 110 FEET OF LOT 4, SAID BLOCK 44; THENCE N89°21'01"E, ALONG THE SOUTH LINE OF SAID NORTH 110 FEET OF LOT 4, A DISTANCE OF 79.84 FEET TO THE SOUTHEAST CORNER OF SAID NORTH 110 FEET OF LOT 4; THENCE N00°46'56"W, ALONG THE EAST LINE OF SAID LOT 4, A DISTANCE OF 110.00 FEET; THENCE N89°21'01°E, ALONG THE NORTH LINE OF LOTS 3, 2 AND 1, A DISTANCE OF 239.53 FEET TO THE POINT OF BEGINNING, CONTAINING 0.9B ACRE (42,477 SQUARE FEET) AND IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. SECTION II. ZONING MAP. The building official is hereby authorized and directed to change the zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval and publication of this ordinance by law. SECTION III. CONDITIONAL ZONING AGREEMENT. The mayor is hereby authorized and directed to sign, and the City Clerk attest, the Conditional Zoning Agreement between the property owner(s) and the City, following passage and approval of this Ordinance. SECTION 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. Ordinance No. 16-4656 Page 2 SECTION V. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION VI. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this 2nd day of February 2016. MA R: Approved by: ATTEST: 2barJ CITY CLERK 1�1t City Attorney's Office � z12 3��s CITY CLERK CORPORATE SEAL I Ordinance No. 16-4656 Page 3 It was moved by Botchway and seconded by _ Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: x x x x x x NSWALW x ABSTAIN: Thomas Botchway Cole Dickens Mims Taylor Thomas Throgmorton First Consideration —01/05/2016 Vote forpasSage: AYES: Mims, Taylor, Thomas, Throgmorton, Botchway, Cole, Dickens. NAYS: None. ABSENT: None. Second Consideration 01/19/2016 Voteforpassage: AYES: Botchway, Cole, Dickens, Mims, Taylor, Thomas, Throgmorton. NAYS: None. ABSENT: None. Date published 02/11/2016 that the q Prepared by: Bob Miklo, Senior Planner, 410 E. Washington, Iowa City, IA 52240 (319) 356-5240 (REZ15-00022) CONDITIONAL ZONING AGREEMENT THIS AGREEMENT is made between the City of Iowa City, Iowa, a municipal corporation (hereinafter "City"), City of Iowa City (hereinafter "Owner"), and Allen Homes, Inc. (hereinafter "Applicant"). WHEREAS, Owner is the legal title holder of approximately .98 acre of property located south of Iowa Avenue, north of Washington Street, between Gilbert and Van Buren streets; and WHEREAS, the Applicant has requested the rezoning of said property from Neighborhood Public (P-1) to Central Business Support (CB -5); and WHEREAS, the Planning and Zoning Commission has determined that, with preservation of the Unitarian Church Building and development at a scale appropriate for Iowa Avenue, the requested zoning is consistent with the Comprehensive Plan; and WHEREAS, Iowa Code §414.5 (2015) provides that the City of Iowa City may impose reasonable conditions on granting a rezoning request, over and above existing regulations, in order to satisfy public needs caused by the requested change; and WHEREAS, the Owner and Applicant acknowledges that certain conditions and restrictions are reasonable to ensure the development of the property is consistent with the Comprehensive Plan; and WHEREAS, the Applicant acknowledges the need to preserve the Unitarian Church building to comply with the policies of the Comprehensive Plan and acknowledges that the City intends to consider an ordinance designating that structure as a historic structure pursuant to the City zoning code; and WHEREAS, the Owner and Applicant agree to develop this property in accordance with the terms and conditions of a Conditional Zoning Agreement. NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties agree as follows: 1. The Owner is the legal title holder of the property legally described as: BEGINNING AT THE NORTHEAST CORNER OF LOT 1, BLOCK 44, ORIGINAL TOWN OF IOWA CITY, IOWA, ACCORDING TO THE PLAT RECORDED IN PLAT BOOK 1, PAGE 116 IN THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE; THENCE S00°45'22"E, ALONG THE EAST LINE OF SAID LOT 1, AND ITS SOUTHERLY EXTENSION, 160.46 FEET TO CENTERLINE OF THE PLATTED ALLEY; THENCE S89°19'44"W, ALONG SAID CENTERLINE, 319.30 FEET TO A POINT ON THE WEST LINE OF SAID BLOCK 44; THENCE N00°46'57"W, ALONG SAID WEST LINE, 50.58 FEET TO THE SOUTHWEST CORNER OF THE NORTH I10 FEET OF LOT 4, SAID BLOCK 44; THENCE N89°21'01"E, ALONG THE SOUTH LINE OF SAID NORTH 110 FEET OF LOT 4, A DISTANCE OF 79.84 FEET TO THE SOUTHEAST CORNER OF SAID NORTH 110 FEET OF LOT 4; THENCE N00°46'56"W, ALONG THE EAST LINE OF SAID LOT 4, A DISTANCE OF 110.00 FEET; THENCE N89°21'01"E, ALONG THE NORTH LINE OF LOTS 3, 2 AND 1, A DISTANCE OF 239.53 FEET TO THE POINT OF BEGINNING, CONTAINING 0.98 ACRE (42,477 SQUARE FEET) AND IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. ppdadnVagi/rezoningroe- IowaevecityparkinglotAm 1 Cl 2. Owner and Applicant acknowledge that the City wishes to ensure conformance to the principles of the Comprehensive Plan and the Downtown Riverfront Crossings Master Plan. Further, the parties acknowledge that Iowa Code §414.5 (2015) provides that the City of Iowa City may impose reasonable conditions on granting a rezoning request, over and above the existing regulations, in order to satisfy public needs caused by the requested change. 3. In consideration of the City's rezoning the subject property, Owner and Applicant agree that development of the subject property will conform to all other requirements of the zoning chapter, as well as the following conditions: a. Development of this property shall be in general conformance with massing and scale shown on the concept plan attached here to and by reference made part of this agreement. 4. The Owner and Applicant acknowledge that the conditions contained herein are reasonable conditions to impose on the land under Iowa Code §414.5 (2015), and that said conditions satisfy public needs that are caused by the requested zoning change. 5. The Owner and Applicant acknowledge that in the event the subject property is transferred, sold, redeveloped, or subdivided, all redevelopment will conform with the terms of this Conditional Zoning Agreement. Applicant acknowledges, however, that this Conditional Zoning Agreement does not constitute an agreement between the Owner and Applicant for the conveyance of any property right to Applicant. 6. The parties acknowledge that this Conditional Zoning Agreement shall be deemed to be a covenant running with the land and with title to the land, and shall remain in full force and effect as a covenant with title to the land, unless or until released of record by the City of Iowa City. The parties further acknowledge that this agreement shall inure to the benefit of and bind all successors, representatives, and assigns of the parties. 7. The Owner and Applicant acknowledge that nothing in this Conditional Zoning Agreement shall be construed to relieve the Owner or Applicant from complying with all other applicable local, state, and federal regulations. 8. The parties agree that this Conditional Zoning Agreement shall be incorporated by reference into the ordinance rezoning the subject property, and that upon adoption and publication of the ordinance, this agreement shall be recorded in the Johnson County Recorder's Office at the Applicant's expense. Dated this 2nd day of February —,20 16 CITY OF IOWA CITY ALLEN HOMES, INC. Maji r By� Attest: ppdedn✓egVrftwing ue- io a eve My perking lotdm L G 1 _*Z,4� Maria—nK. Kard, City Clerk JJc Approved by: City Attorney's Office 10-3115- CITY L -315-CITY OF IOWA CITY ACKNOWLEDGEMENT: STATE OF IOWA JOHNSON COUNTY ) 0 GCSE` HRA I E SEAL This instrument acknowledged before me this 2r' day of F��b r t,ca,ri i--2016, by James A. Throgmorton and Marian K. Karr, as the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa. Ri tF K. TUTTLE -n'runher 221819 --I s` . n Expires s Allen Homes, Inc. LLC ACKNOWLEDGMENT: State of L County of .Tah*L6 &vv Notary Public in and for said State This record was acknowledged before me on , J)eee« Iv_r 3 a0 l � by Te�Z� b4//Pn (Name(s) of individual(s) as (type of authority, such as officer or trustee) of i3Ila— e, A( -A c (name of party on behalf of whom record was executed). Notary Public in and for the State of Ioyra (Stamp or Seal) Title (and Rank) C4 NOTARIAL SEA6y commission expires: 3 pptladmlagUrmning us- Iowa eve city parking loldoc 3 1 SITE PLAN Oft AVE EVIELS SPA 242 11 I I 1 I 1 I I i i lelwan wu � . ----------------------- City IIA11 > N Neumann Mormon Architects t Doe ID: 026225500037 Type: GEN Kind: SUBDIVISION Recorded: 02/23/2036 at 02:10:43 PM Fee Amt: $367.00 Page Johnson County Iona 1 of 37 w�G®- t1 ot Kim Painter County Recorder BK5476 PG439-475 rIIIMt" L �1! l ;�"®'t CITY OF IOWA CITY 1 A fes' 410 East Washington Street Iowa City. Iowa 52240-1826 (3 19) 356-5000 (319) 356-5009 FAX STATE OF IOWA ) www.icgov.org ) SS JOHNSON COUNTY ) —N I KII SII I, Marian K. Kan, City Clerk of Iowa City, Iowa, do hereby certify that the Resolution attached hereto is a true and correct copy of Resolution No. 16-40, which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 16th day of February, 2016, all as the same appears of record in my office. Also attached are the final legal documents for General Quarters, Part Two, Iowa City, Iowa. Dated at Iowa City, Iowa, this22— ay of I , 2016. CORPORATE SEAL. .7�1 1,i2 le2�.r n J MarianKkatr City Clerk kes subdivision 10 MTrTrTr- 5d(1) Prepared by: Bob Miklo, Senior Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5240 (SUB15-00029) - RESOLUTION NO. 16-40 RESOLUTION APPROVING FINAL PLAT OF GENERAL QUARTERS - PART TWO, IOWA CITY, IOWA. WHEREAS, the owner, Saddlebrook Meadows Development, Inc., filed with the City Clerk the final plat of General Quarters - Part Two, Iowa City, Iowa, Johnson County, Iowa; and WHEREAS, said subdivision is located on the following -described real estate in Iowa City, Johnson County, Iowa, to wit: PART OF OUTLOT 'B', GENERAL QUARTERS - PART ONE, IOWA CITY, IOWA AS RECORDED IN BOOK 48, PAGE 132 IN THE OFFICE OF THE JOHNSON COUNTY, IOWA RECORDER AND LOCATED IN THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 23, TOWNSHIP 79 NORTH, RANGE 6 WEST OF THE 5TH PRINCIPAL MERIDIAN, IOWA CITY, JOHNSON COUNTY, IOWA DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF OUTLOT 'B', GENERAL QUARTERS - PART ONE, IOWA CITY, IOWA; THENCE N89030'02"E 969.03 FEET ALONG THE NORTH LINE OF SAID OUTLOT 'B'; THENCE N58002'19"E 169.93 FEET ALONG A NORTHERLY LINE OF SAID OUTLOT 'B' TO THE NORTHEAST CORNER THEREOF; THENCE SOUTHEASTERLY 92.59 FEET ALONG AN EASTERLY LINE OF SAID OUTLOT 'B' AND THE ARC OF A 170.00 FOOT RADIUS CURVE, CONCAVE WESTERLY (CHORD BEARS S16°19'19"E 91.45 FEET); THENCE SO°44'12"E 249.71 FEET ALONG THE EAST LINE OF SAID OUTLOT 'B'; THENCE S89°30'02"W 172.64 FEET; THENCE S0029'58"E 47.00 FEET; THENCE S89°30'02"W 469.00 FEET; THENCE SO°29'58"E 7.50 FEET; THENCE S89°30'02"W 80.00 FEET; THENCE NO°29'58"W 7.50 FEET; THENCE S89030'02"W 418.38 FEET TO THE EAST RIGHT OF WAY OF SYCAMORE STREET; THENCE NO°29'16"W 296.00 FEET ALONG THE WEST LINE OF OUTLOT 'B' AND SAID EAST RIGHT OF WAY TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 337,719 SQ.FT., 7.75 ACRES, SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. WHEREAS, the Neighborhood and Development Services Department and the Public Works Department examined the proposed final plat and subdivision, and recommended approval; and WHEREAS, a dedication has been made to the public, and the subdivision has been made with the free consent and in accordance with the desires of the owners and proprietors; and WHEREAS, said final plat and subdivision are found to conform with Chapter 354, Code of Iowa (2015) and all other state and local requirements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: a Resolution No. 16-40 Page 2 1. The said final plat and subdivision located on the above-described real estate be and the same are hereby approved. 2. The City accepts the dedication of the streets and easements as provided by law and specifically sets aside portions of the dedicated land, namely streets, as not being open for public access at the time of recording for public safety reasons. 3. The Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed, upon approval by the City Attorney, to execute all legal documents relating to said subdivision, and to certify a copy of this resolution, which shall be affixed to the final plat after passage and approval by law. The City Clerk shall record the legal documents and the plat at the office of the County Recorder of Johnson County, Iowa at the expense of the owner/subdivider. Passed and approved this 16th day of February 12016 MA R ATTEST:_ Mew G i -A • AMd CITY CLERK by Attorney's Office a/g/1V It was moved by trims and seconded by Dickens the Resolution be adopted, and upon roll call there were: AYES: IN NAYS: ABSENT: Botchway Dickens Dobyns Hayek Mims Payne Throgmorton pcd/templales/General Quarters Final Plat ResolulionAm.doc 1 0 Prepared by: Michael J. Pugh 1100 Sixth Street, Suite 102 (319) 351-2028 Pugh Hagan Frahm PLC Coralville, IA 52241 Fax: (319) 351-1102 SUBDIVIDER'S AGREEMENT GENERAL QUARTERS — PART TWO THIS AGREEMENT made by and between Saddlebrook Meadows 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 General Quarters — Part Two, Iowa City, Iowa (the "Subdivision"), an addition to the City of Iowa City, Iowa, the Subdivider agrees, as a covenant running with the land that, except as provided in this Agreement, the City shall not issue any building permit on any lots in said Subdivision unless and until Subdivider installs and City accepts the following improvements: (a) Concrete paving at least 28 feet in width on Sherman Drive, Dickenson Lane, and Farragut Lane. (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) Sidewalks adjacent to Outlot A and Outlot B in accordance with Section 4 below. (e) Concrete trail eight feet (8') in width within the "15' Off -Site Construction Easement for Trail" shown easterly of the Sherman Drive right-of-way, said trail to be constructed in accordance with the plans and specifications approved by the City Engineer. The paving, storm sewers, water mains, and sanitary sewers and sidewalks are hereinafter referred to as "Improvements." {00051763 3} 1 Ip 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 Manaaement Ordinance Compliance and Covenant The storm water detention requirements for this subdivision will be met and satisfied through use of the South Sycamore Regional Greenspace and Drainage Corridor. Prior to issuance of any building permit for any lot in the subdivision, Subdivider shall pay to the City a storm water management fee of $21,511.52 ($2,775.68 per acre for 7.75 acres). Said payment shall satisfy Subdivider's obligation toward the South Sycamore Regional Greenspace and Drainage Corridor Fee. 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 at least five (5) feet in width adjacent to the segments of Sherman Drive, Dickenson Lane and Farragut Lane located within this subdivision. All sidewalks 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 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. The concrete trail on the easterly side of Sherman Drive within the "15' Off -Site Construction Easement for Trail" shall be eight (8) feet in width. City agrees to promptly reimburse Subdivider or its successor or assigns, for the reasonable "oversize" costs associated with increasing the width of said concrete trail from 5 feet to 8 feet. Said reimbursement shall occur within thirty (30) days upon the acceptance of the Improvement. Section 5. Building Permits and Escrow Monies. If the Subdivider should desire a building permit for a building on any lot in said Subdivision before the Improvements have been installed, the Subdivider shall deposit with Neighborhood Development Services, in escrow, an amount equal to the estimated cost of constructing said Improvements plus ten percent (10%) thereof (hereinafter "Improvements {00051763 3) 2 10 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. 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 2015 Code of Iowa, as amended. Further, the cost of such costs need not meet the requirements of notice, benefit or value as {00051763 31 3 10 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. The City does hereby further release any lien constituting a cloud upon the title of the property contained within the Subdivision arising from that certain City -Subdivider Agreement regarding the development of General Quarters — Part One, Iowa City, Iowa, dated October 19, 2004, and recorded October 25, 2004, in Book 3808, at Page 432, of the records of Johnson County, Iowa. 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 Dickenson Lane, Farragut Lane and Sherman Drive is installed and accepted by the City. Section 11. Neighborhood Open Space. The City's Neighborhood Open Space Ordinance requires the dedication of .18 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 $2,700.00 (18 acres x $15,000.00 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. (b) Outlots "A" and "B" within the Subdivision shall be utilized by all lots in the Subdivision for mailbox clusters. Outlot "C" shall be utilized for a monument sign. Outlots "A", "B" and "C" shall be owned and maintained by the Subdivider, or homeowners association. The cost of maintaining Outlots "A", "B" and "C" shall be shared by all Subdivision lot owners through a homeowners association. Any costs incurred by the City due to failure by the homeowners association to meet its obligations under the provisions of this Section and City Ordinance 14 -3A - 4(J) shall be assessed against, and will be become a lien against all lot owners located within the Subdivision in favor of the City. Such assessment shall be by written instrument and recorded in 100051763 31 4 10 the Office of the Johnson County Recorder. (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 $3,371.25 ($435 per acre for 7.75 acres). (d) Prior to issuance of any building permit for any lot in the subdivision, Subdivider shall pay to the City a Sycamore Street Improvement fee in the amount of $22,433.77 ($2,894.68 per acre for 7.75 acres). (e) Prior to issuance of any building permit for any lot in the subdivision, Subdivider shall pay to the City a sanitary sewer tap on fee in the amount of $13,922.88 ($1,796.50 per acre for 7.75 acres). Said payment shall satisfy Sudivider's obligation toward the South Sycamore Sanitary Trunk Sewer Project as described by Ordinance Number 00-3916 passed by the City of Iowa City on February 15, 2000. (f) Lots 1, 2, 7, 15, 24, 27 and 28 have restrictive minimum low opening (MLO) elevations as noted on the final plat of the subdivision. (g) Lots 1 and 29 shall not have direct vehicular access to/from Sycamore Street. (h) Plat notes and surveyor's notes on plats serve to provide notice of how a Subdivision is expected to develop. Said notes are not intended to create any vested private interest in any stated use restriction or covenant, or create any third party beneficiaries to any noted use restriction or covenant. The City reserves the right, in its sole discretion, subject to any applicable public notice and approval process required by law, to alter or amend any plat note, or to sell or vacate any right-of-way, street, alley, park, easement, open area or other land set apart and dedicated for public use within the plat. The City further reserves the right, upon request of the owner or successor in interest, to vacate the plat and/or relocate any easement, alter lot boundaries or allow said land to be replatted subject to any applicable public notice and approval process required by law. Section 14. Binding Effect. This agreement shall inure to the benefit and bind the successors and assigns of the respective parties hereto and shall be construed as a covenant running with the title to the lots within the Subdivision. {00051763 3} [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] 5 Lf [SIGNATURE PAGE TO SUBDIVIDER'S AGREEMENT] Dated this ] Le+�" day of February, 2016. SADDLEBROOK MEADOWS DEVELOPMENT. INC. By: Steve Gordon, Secretary CITY OF IOWA CITY, IOWA By. f' G' Xjrn Throgmorton, ayor By: Ma K. Karr, City Clerk STATE OF IOWA, COUNTY OF JOHNSON, SS. This instrument was acknowledged before me on this 1-56 day of February, 2016, by Steve Gordon, as Secretary of Saddlebrook Meadows Development, Inc. DEUSA A. BAKERliz Qw wrasion Number 722035 mycomrriedon � Notary Public in and for said State April 20, STATE OF IOWA, COUNTY OF JOHNSON, SS. On this W4'� day of February, 2016, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Jim Throgmorton and Marian K. Karr, to me personally known, and who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by authority of its City Council; and that Jim Throgmorton and Marian K. Karr acknowledge the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it and them voluntarily executed. KELLIE K. TUTTLE �com�,i f' n `IST r22e819 Notary Public in and for said State `Le.." I {00051763 3} 6 10 CERTIFICATE OF COUNTY TREASURER GENERAL QUARTERS — PART TWO I, the undersigned, Treasurer of Johnson County, Iowa or deputy thereof, hereby certify that the following described property, also known as General Quarters — Part Two, 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 &b day of _Fe �rv�lYU , 2016. • Yip Thomas L. Kriz, Treasu'ref of Johnson County, Iowa Parcel No. 1023454009 (0005175) 10 EXHIBIT "A" LEGAL DESCRIPTION GENERAL QUARTERS - PART TWO PART OF OUTLOT B, GENERAL QUARTERS - PART ONE, IOWA CITY, IOWA AS RECORDED IN BOOK 48, PAGE 132 IN THE OFFICE OF THE JOHNSON COUNTY, IOWA RECORDER AND LOCATED IN THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 23, TOWNSHIP 79 NORTH, RANGE 6 WEST OF THE 5TH PRINCIPAL MERIDIAN, IOWA CITY, JOHNSON COUNTY, IOWA DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF OUTLOT 'B', GENERAL QUARTERS - PART ONE, IOWA CITY, IOWA; THENCE N89030'02"E 969.03 FEET ALONG THE NORTH LINE OF SAID OUTLOT 'B'; THENCE N58102'19"E 169.93 FEET ALONG A NORTHERLY LINE OF SAID OUTLOT 'B' TO THE NORTHEAST CORNER THEREOF; THENCE SOUTHEASTERLY 92.59 FEET ALONG AN EASTERLY LINE OF SAID OUTLOT 'B' AND THE ARC OF A 170.00 FOOT RADIUS CURVE, CONCAVE WESTERLY (CHORD BEARS S16019'19"E 91.45 FEET); THENCE S0044'12"E 249.71 FEET ALONG THE EAST LINE OF SAID OUTLOT 'B'; THENCE S89030'02"W 172.64 FEET; THENCE S0129'58"E 47.00 FEET; THENCE S89130'02W 469.00 FEET; THENCE S0029'58"E 7.50 FEET; THENCE S89030'02"W 80.00 FEET; THENCE N0029'58"W 7.50 FEET; THENCE S89030'02"W 418.38 FEET TO THE EAST RIGHT OF WAY OF SYCAMORE STREET; THENCE N0129'16"W 296.00 FEET ALONG THE WEST LINE OF OUTLOT 'B' AND SAID EAST RIGHT OF WAY TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 337,719 SQ.FT., 7.75 ACRES, SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. {00051757} 10 CERTIFICATE OF COUNTY AUDITOR GENERAL QUARTERS — PART TWO I, Travis Weipert, the Johnson County Auditor, hereby approve of General Quarters — Part Two as a succinct and unique name for the subdivision containing the following described real estate located in Johnson County, Iowa: See Exhibit "A". Travis Weipert, \ohnso ount Auditor (00051756) Date Lf EXHIBIT "A" LEGAL DESCRIPTION GENERAL QUARTERS - PART TWO PART OF OUTLOT B, GENERAL QUARTERS - PART ONE, IOWA CITY, IOWA AS RECORDED IN BOOK 48, PAGE 132 IN THE OFFICE OF THE JOHNSON COUNTY, IOWA RECORDER AND LOCATED IN THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 23, TOWNSHIP 79 NORTH, RANGE 6 WEST OF THE 5TH PRINCIPAL MERIDIAN, IOWA CITY, JOHNSON COUNTY, IOWA DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF OUTLOT 'B', GENERAL QUARTERS - PART ONE, IOWA CITY, IOWA; THENCE N89°30'02"E 969.03 FEET ALONG THE NORTH LINE OF SAID OUTLOT'B'; THENCE N58102'19"E 169.93 FEET ALONG A NORTHERLY LINE OF SAID OUTLOT 'B' TO THE NORTHEAST CORNER THEREOF; THENCE SOUTHEASTERLY 92.59 FEET ALONG AN EASTERLY LINE OF SAID OUTLOT 'B' AND THE ARC OF A 170.00 FOOT RADIUS CURVE, CONCAVE WESTERLY (CHORD BEARS S16019'19"E 91.45 FEET); THENCE S0044'12"E 249.71 FEET ALONG THE EAST LINE OF SAID OUTLOT 'B'; THENCE S89030'02"W 172.64 FEET; THENCE S0129'58"E 47.00 FEET; THENCE S89°30'02W 469.00 FEET; THENCE S0029'58"E 7.50 FEET; THENCE S89030'02"W 80.00 FEET; THENCE N0029'58"W 7.50 FEET; THENCE S89130'02"W 418.38 FEET TO THE EAST RIGHT OF WAY OF SYCAMORE STREET; THENCE N0129'16"W 296.00 FEET ALONG THE WEST LINE OF OUTLOT 'B' AND SAID EAST RIGHT OF WAY TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 337,719 SQ.FT., 7.75 ACRES, SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. {00051756} 10 OWNER'S CERTIFICATE AND DEDICATION GENERAL QUARTERS — PART TWO KNOW ALL MEN BY THESE PRESENTS: Saddlebrook Meadows 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" Saddlebrook Meadows Development, Inc. does further state that the subdivision of said real estate as it appears on the Final Plat of General Quarters — Part Two 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 General Quarters — Part Two, Iowa City, Iowa, are hereby dedicated to the public, as provided by Chapter 354 of the 2015 Code of Iowa, as amended. IN WITNESS WHEREOF, the proprietors have caused these presents to be signed on this 119- day of February, 2016. SADDLEBROOK MEADOWS DEVELOPMENT, INC. By:�/ Steve Gordon, Secretary CITY OF IOWA CITY, IOWA By: im Throgmorton, Mayor By: /,i"L/LZtiPv, r� 2e. Ma an K. Karr, City Clerk {00061744) IQ STATE OF IOWA ) ) ss: COUNTY OF JOHNSON ) This instrument was acknowledged before me on this 156 day of February, 2016, by Steve Gordon, as Secretary of Saddlebrook Meadows Development, Inc. 4 DEUSA A. BAKER F Cm nirwn Number 2=5 MY STATE OF IOWA ) ) ss: COUNTY OF JOHNSON ) C�je-j� G/, J - Notary Public in and for said State On this ) V-1\ day of February, 2016, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Jim Throgmorton and Marian K. Karr, to me personally known, and who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by authority of its City Council; and that Mayor and City Clerk 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. !:ELLIE K. TUTTLE Notary Public in and for said State •, `';.'C:-mai:,,i.r. ?umber 227819 I iy Cempiriop E�pires {00061744} 8 EXHIBIT "A" LEGAL DESCRIPTION GENERAL QUARTERS - PART TWO PART OF OUTLOT B, GENERAL QUARTERS - PART ONE, IOWA CITY, IOWA AS RECORDED IN BOOK 48, PAGE 132 IN THE OFFICE OF THE JOHNSON COUNTY, IOWA RECORDER AND LOCATED IN THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 23, TOWNSHIP 79 NORTH, RANGE 6 WEST OF THE 5TH PRINCIPAL MERIDIAN, IOWA CITY, JOHNSON COUNTY, IOWA DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF OUTLOT 'B', GENERAL QUARTERS - PART ONE, IOWA CITY, IOWA; THENCE N89°30'02"E 969.03 FEET ALONG THE NORTH LINE OF SAID OUTLOT 'B'; THENCE N58102'19"E 169.93 FEET ALONG A NORTHERLY LINE OF SAID OUTLOT 'B' TO THE NORTHEAST CORNER THEREOF; THENCE SOUTHEASTERLY 92.59 FEET ALONG AN EASTERLY LINE OF SAID OUTLOT 'B' AND THE ARC OF A 170.00 FOOT RADIUS CURVE, CONCAVE WESTERLY (CHORD BEARS S16019'19"E 91.45 FEET); THENCE S0044'12"E 249.71 FEET ALONG THE EAST LINE OF SAID OUTLOT 'B'; THENCE S89030'02"W 172.64 FEET; THENCE S0029'58"E 47.00 FEET; THENCE S89030'02W 469.00 FEET; THENCE S0129'58"E 7.50 FEET; THENCE S89130'02"W 80.00 FEET; THENCE NO°29'58"W 7.50 FEET; THENCE S89030'02"W 418.38 FEET TO THE EAST RIGHT OF WAY OF SYCAMORE STREET; THENCE N0129'16"W 296.00 FEET ALONG THE WEST LINE OF OUTLOT 'B' AND SAID EAST RIGHT OF WAY TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 337,719 SQ.FT., 7.75 ACRES, SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. {000617441 10 Prepared by: Michael J. Pugh 1100 Sixth Street, Suite 102 (319) 351-2028 Pugh Hagan Prahm PLC Coralville, IA 52241 Fax: (319) 351-1102 OPINION OF ATTORNEY GENERAL QUARTERS — PART TWO 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 General Quarters — Part Two, is in Saddlebrook Meadows Development, Inc., free and clear of all liens and encumbrances except for the following mortgage lien: A. A mortgage given by Saddlebrook Meadows Development, Inc. to Hills Bank and Trust Company, dated October 20, 2015, and recorded October 26, 2015, in Book 5438, Page 194 of the records of Johnson County, Iowa. Dated at Coralville, Iowa, this 15 day of ie 2016. "4.Ac4= Michael J. Pugh Pugh Hagan Prahm PLC 1100 Sixth Street, Suite 102 Coralville, IA 52241 (319)351-2028 {00061746) 10 EXHIBIT "A" LEGAL DESCRIPTION GENERAL QUARTERS - PART TWO PART OF OUTLOT B, GENERAL QUARTERS - PART ONE, IOWA CITY, IOWA AS RECORDED IN BOOK 48, PAGE 132 IN THE OFFICE OF THE JOHNSON COUNTY, IOWA RECORDER AND LOCATED IN THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 23, TOWNSHIP 79 NORTH, RANGE 6 WEST OF THE 5TH PRINCIPAL MERIDIAN, IOWA CITY, JOHNSON COUNTY, IOWA DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF OUTLOT 'B', GENERAL QUARTERS - PART ONE, IOWA CITY, IOWA; THENCE N89030'02"E 969.03 FEET ALONG THE NORTH LINE OF SAID OUTLOT 'B'; THENCE N58102'19"E 169.93 FEET ALONG A NORTHERLY LINE OF SAID OUTLOT 'B' TO THE NORTHEAST CORNER THEREOF; THENCE SOUTHEASTERLY 92.59 FEET ALONG AN EASTERLY LINE OF SAID OUTLOT 'B' AND THE ARC OF A 170.00 FOOT RADIUS CURVE, CONCAVE WESTERLY (CHORD BEARS S16019'19"E 91.45 FEET); THENCE S0044'12"E 249.71 FEET ALONG THE EAST LINE OF SAID OUTLOT 'B'; THENCE S89030'02"W 172.64 FEET; THENCE S0129'58"E 47.00 FEET; THENCE S89030'02W 469.00 FEET; THENCE S0129'58"E 7.50 FEET; THENCE S89030'02"W 80.00 FEET; THENCE NO°29'58"W 7.50 FEET; THENCE S89030'02"W 418.38 FEET TO THE EAST RIGHT OF WAY OF SYCAMORE STREET; THENCE N0129'16"W 296.00 FEET ALONG THE WEST LINE OF OUTLOT 'B' AND SAID EAST RIGHT OF WAY TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 337,719 SQ.FT., 7.75 ACRES, SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. {00061746} to Prepared by: Michael J. Pugh 1100 Sixth St. Suite 102 Pugh Hagan Frahm PLC Coralville, IA 52241 CONSENT OF MORTGAGEE TO SUBDIVISION GENERAL QUARTERS — PART TWO Phone(319)351-2028 FAX (319)351-1102 The undersigned, Hills Bank and Trust Company, is the Mortgagee of a Mortgage from Saddlebrook Meadows Development, Inc., which document is dated October 20, 2015, and was recorded October 26, 2015, in Book 5438, at Page 194 of the records of Johnson County. Said Mortgage records therein that property to be designated as General Quarters — Part Two, 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 Saddlebrook Meadow 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 day of February, 2016 HILLS BANK AND TRUST COMPANY By:�G.� Tim D. Finer, Senior Vice -President STATE OF IOWA, COUNTY OF JOHNSON ) ss: This instrument was acknowledged before me on this L of February, 2016, by Tim D. Finer, Senior Vice -President, of Hills Bank and Trust Company. ot�a1%,, RENEE HARNED Commission Number 728012 1.4 My EJ*me Notary Pub Ic in and f6r said State (00061743) �O EXHIBIT "A" LEGAL DESCRIPTION GENERAL QUARTERS - PART TWO PART OF OUTLOT B, GENERAL QUARTERS - PART ONE, IOWA CITY, IOWA AS RECORDED IN BOOK 48, PAGE 132 IN THE OFFICE OF THE JOHNSON COUNTY, IOWA RECORDER AND LOCATED IN THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 23, TOWNSHIP 79 NORTH, RANGE 6 WEST OF THE 5TH PRINCIPAL MERIDIAN, IOWA CITY, JOHNSON COUNTY, IOWA DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF OUTLOT'B', GENERAL QUARTERS - PART ONE, IOWA CITY, IOWA; THENCE N89°30'02"E 969.03 FEET ALONG THE NORTH LINE OF SAID OUTLOT 'B'; THENCE N58102'19"E 169.93 FEET ALONG A NORTHERLY LINE OF SAID OUTLOT'B' TO THE NORTHEAST CORNER THEREOF; THENCE SOUTHEASTERLY 92.59 FEET ALONG AN EASTERLY LINE OF SAID OUTLOT 'B' AND THE ARC OF A 170.00 FOOT RADIUS CURVE, CONCAVE WESTERLY (CHORD BEARS S16019'19"E 91.45 FEET); THENCE S0144'12"E 249.71 FEET ALONG THE EAST LINE OF SAID OUTLOT 'B'; THENCE S89030'02':W 172.64 FEET; THENCE S0029'58"E 47.00 FEET; THENCE S89130'02W 469.00 FEET; THENCE S0029'58"E 7.50 FEET; THENCE S89030'02"W 80.00 FEET; THENCE NO°29'58"W 7.50 FEET; THENCE S89030'02"W 418.38 FEET TO THE EAST RIGHT OF WAY OF SYCAMORE STREET; THENCE N0029'16"W 296.00 FEET ALONG THE WEST LINE OF OUTLOT'B' AND SAID EAST RIGHT OF WAY TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 337,719 SQ.FT., 7.75 ACRES, SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. (00061743) I'D Prepared by: Michael J. Pugh 1100 Sixth Street, Suite 102 (319) 351-2028 Pugh Hagan Frahm PLC Coralville, IA 52241 Fax: (319) 351-1102 SANITARY SEWER EASEMENT AGREEMENT GENERAL QUARTERS — PART TWO THIS AGREEMENT, made and entered into by and between Saddlebrook Meadows Development, Inc. (Subdivider), which expression shall include its successors in interest and assigns, and the City of Iowa City, Iowa (the City), which expression shall include its successors in interest and assigns. It is hereby agreed as follows: For the sum of $1.00 plus other valuable consideration, the receipt of which is hereby acknowledged, Subdivider hereby grants and conveys to the City an easement for the purposes of excavating for and the installation, replacement, maintenance and use of such sewage lines, pipes, mains, and conduits as the City shall from time to time elect for conveying sewage, with all necessary appliances and fittings, for the use in connection with said lines, together with adequate protection therefor, and also a right of way, with the right of ingress and egress thereto, over and across the area designated as "Sanitary Sewer Easement' as shown on the Final Plat of General Quarters — Part Two, hereafter described as "easement area." Subdivider further grants to the City: 1. The right of grading said easement areas for the full width thereof, and to extend the cuts and fills for such grading into and onto said lands along and outside of the said easement areas to such extent as the City may find reasonably necessary. 2. The right from time to time to trim, cut down and clear away any and all trees and brush on said easement areas and also to trim, cut down and clear away any trees on either side of said easement areas which now or hereafter in the 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. (00062082) 10 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 Subdivider against unreasonable loss or damage which may occur in the negligent exercise of the easement rights by the City. Except as expressly provided herein, the City shall have no responsibility for maintaining the easement areas. Subdivider reserves the right to use said easement areas for purposes which will not interfere with the City's full enjoyment of the rights hereby granted; provided that the Subdivider shall not erect or construct any building, fence, retaining wall, or other structure, plant any trees, drill or operate any well, or construct any reservoir or other obstruction on said areas, or diminish or substantially add to the ground cover over said easement areas. Any such improvements placed in the easement area, with or without City approval, may be removed by the City without compensation or replacement. Subdivider does hereby covenant with the City that it is lawfully seized and possessed of the real estate above described, and Subdivider has a good and lawful right to convey it, or any part thereof. Nothing in this Agreement shall be construed to impose a requirement on the City to install the original public improvement at issue herein. Nor shall Subdivider be deemed acting as the City's agent during the original construction and installation of said improvement. Parties agree that the obligation to install the public improvement(s) herein shall be in accordance with City specifications, and the obligation shall remain on Subdivider until completion by Subdivider, and until acceptance by the City, as by law provided. The provisions hereof shall inure to the benefit of and bind the successors and assigns of the respective Parties hereto, and all covenants shall apply to and run with the land and with the title to the land. Dated this 1!;r day of February, 2016. SADDLEBROOK MEADOWS DEVELOPMENT, INC. By: Steve Gordon, Secretary {00062082} �O CITY OF IOWA CITY. IOWA By. Throgmorton, Vayor ATTEST: By: AQ-.-�v) 7K. Ma it an K. Karr, City Clerk STATE OF IOWA, COUNTY OF JOHNSON) ss: This instrument was acknowledged before me on this 1$"6 day of February, 2016, by Steve Gordon as Secretary of Saddlebbfrook Meadows Development, Inc. DEUSAA. BAKER ! C' `%� , G ce-, Commission Nuss'mber222035 Notary Public in and for said State APrn 20, 2oii`� STATE OF IOWA, COUNTY OF JOHNSON) ss: On this - day of February, 2016, before me, the undersigned, a Notary Public in and for said County and State, personally appeared Jim Throgmorton and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa, a municipal corporation; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and the instrument was signed and sealed on behalf of the corporation by authority of its City Council, and the said Mayor and City Clerk did acknowledge the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. yt-a lye k- ILL din m�� ;:ELLIE K.TUTfLE Notary Public in and for said State ;o •�. •..,Com,ai_:i`ai "lumber 22181 g7� (,q miss) i Expires {00062082} �0 Prepared by: Michael J. Pugh 1100 Sixth Street, Suite 102 (319) 351-2028 Pugh Hagan Frahm PLC Coralville, IA 52241 Fax: (319) 351-1102 STORM SEWER EASEMENT AGREEMENT GENERAL QUARTERS — PART TWO THIS AGREEMENT, made and entered into by and between Saddlebrook Meadows Development, Inc. (Subdivider), which expression shall include its successors in interest and assigns, and the City of Iowa City, Iowa (the City), which expression shall include its successors in interest and assigns. It is hereby agreed as follows: For the sum of $1.00 plus other valuable consideration, the receipt of which is hereby acknowledged, Subdivider hereby grants and conveys to the City an easement for the purposes of excavating for and the installation, replacement, maintenance and use of such storm water lines, pipes, mains, conduits, and overland drainageways as the City shall from time to time elect for conveying storm water, with all necessary appliances and fittings, for the use iri connection with said lines, together with adequate protection therefor, and also a right of way, with the right of ingress and egress thereto, over and across the area designated as "Storm Sewer Easement" as shown on the Final Plat of General Quarters — Part Two, attached hereto and incorporated herein by reference, hereafter described as "easement area." Subdivider further grants to the City: 1. The right of grading said easement areas for the full width thereof, and to extend the cuts and fills for such grading into and onto said lands along and outside of the said easement area to such extent as the City may find reasonably necessary. 2. The right from time to time to trim, cut down and clear away any and all trees and brush on said easement area and also to trim, cut down and clear away any trees on either side of said easement area which now or hereafter in the opinion of the City may be a hazard to said easement area, or which may interfere with the exercise of the City's rights hereunder in any manner. {00051762 2) Ho The City shall promptly backfill any trench made by it, and repair any damages caused by the City within the easement area. The City shall indemnify Subdivider against unreasonable loss or damage which may occur in the negligent exercise of the easement rights by the City. Except as expressly provided herein, the City shall have no responsibility for maintaining the easement area. Subdivider reserves the right to use said easement area for purposes which will not interfere with the City's full enjoyment of the rights hereby granted; provided that the Subdivider shall not erect or construct any building, fence, 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 improvement placed in the easement area, with or without City approval, may be removed by the City without compensation or replacement. Subdivider does hereby covenant with the City that it is lawfully seized and possessed of the real estate above described, and that it has a good and lawful right to convey it, or any part thereof. Nothing in this Agreement shall be construed to impose a requirement on the City to install the original public improvements at issue herein. Nor shall Subdivider be deemed acting as the City's agent during the original construction and installation of said improvement. Parties agree that the obligation to install the public improvement(s) herein shall be in accordance with City specifications, and the obligation shall remain on Subdivider until completion by Subdivider, and until acceptance by the City, as by law provided. The provisions hereof shall inure to the benefit of and bind the successors and assigns of the respective Parties hereto, and all covenants shall apply to and run with the land and with the title to the land. Dated this /S day of February, 2016. SADDLEBROOK MEADOWS DEVELOPMENT, INC. By: Steve Gordon, Secretary CITY OF IOWA CITY, IOWA By: /� ;;Z im ThrogmortMayor {00051762 2} 10 ATTEST: By: Aa4z� K - -oA,41 Ma an K. Karr, City Clerk STATE OF IOWA, COUNTY OF JOHNSON, ss: This instrument was acknowledged before me on this 15—"' day of February. 2016, by Steve Gordon, as Secretary of Saddlebro/ojk Meadows Development, Inc. �. DEUSA A. BAKER Commission Number 222035 o. MyoommiissionEXPires Notary Public in and for said State STATE OF IOWA, COUNTY OF JOHNSON, ss: On this VA day of February, 2016, before me, the undersigned, a Notary Public in and for said County and State, personally appeared Jim Throgmorton and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa, a municipal corporation; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and the instrument was signed and sealed on behalf of the corporation by authority of its City Council, and the said Mayor and City Clerk did acknowledge the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. &,I,r- y #(�' KFLLIEK.TUTTLE Notary Public in and for said State :? ' rca.;i_ r n 2Wm5er 221819 i.ar , ss'an EYpres {''io�'1 {00051762 2} 10 Prepared by: Michael J. Pugh 1100 Sixth Street, Suite 102 (319) 351-2028 Pugh Hagan Prahm PLC Coralville, IA 52241 Fax: (319) 351-1102 UNDERGROUND UTILITY EASEMENT GENERAL QUARTERS — PART TWO In consideration of the approval of the Final Plat of General Quarters — Part Two, Iowa City, Iowa, the undersigned owner -hereby grants to the City of Iowa City, ImOn Communications, L.L.C., MidAmerican Energy Co., CenturyLink and Mediacom, 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 General Quarters — Part Two, Iowa City, Iowa, as "Utility Easement" as located within the Subdivision. The Grantees of this easement shall have the right to install, lay, construct, reconstruct, renew, operate, maintain and remove conduits, cables, pipes, electric lines below the surface of the ground, and other equipment or appurtenances above the surface of the ground as may be necessary for the purpose of serving the Subdivision and other property with electricity, gas, and communication service; the right to trim, cut down and remove such trees, brush, saplings and bushes as may interfere with the proper construction, maintenance, operation or removal of said facilities, equipment and appurtenances; and the right of ingress and egress for all of the purposes aforesaid. 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. (00051765 2) 10 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. Dated this /9;� day of February, 2016. SADDLEBROOK MEADOWS DEVELOPMENT, INC. By: Steve Gordon, Secretary STATE OF IOWA, COUNTY OF JOHNSON, ss: This instrument was acknowledged before me on this 1-5-6 day of February, 2016, by Steve Gordon, as Secretary of Saddlebrook Meadows Development, Inc. �. DEUSA A. BAKER ,4 Py Gmmlsslon NMI!1 My Cm misission Expires Notary Public in and for said State {00051765 21 10 Prepared by: Michael J. Pugh 1100 Sixth Street, Suite 102 Pugh Hagan Prahm PLC Coralville, Iowa (319)351-2028 facsimile (319) 351-1102 TEMPORARY CONSTRUCTION EASEMENT AGREEMENT GENERAL QUARTERS — PART TWO THIS AGREEMENT, made and entered into by and between City of Iowa City, Iowa, a municipal corporation, hereinafter collectively "CITY", and Saddlebrook Meadows Development, Inc., hereinafter "SUBDIVIDER." In consideration of their mutual promises herein, CITY and SUBDIVIDER agree as follows: CITY states and covenants that it is the owner of certain real estate depicted on the Final Plat for General Quarters — Part Two as "Parcel 2A', 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. CITY further agrees to indemnify SUBDIVIDER against any and all claims by tenants or others claiming ownership or possessor rights to the property. 2. CITY does hereby grant and convey to SUBDIVIDER a temporary construction easement in, over and across that portion of CITY's property depicted and described on the Final Plat of General Quarters — Part Two as "15' Off -Site Construction Easement for Trail" (hereafter "Temporary Construction Easement Area') for the purpose of facilitating SUBDIVIDER's future construction of an eight (8) foot trail adjacent to Sherman Drive ("public improvement"), which grant to SUBDIVIDER 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 Construction Easement Area, as needed to complete said public improvement. Said public improvement is to be constructed according to plans and specifications approved by the City Engineer of the City of Iowa City, as set forth in the Subdivider's Agreement for the Subdivision. The term of this Temporary Construction Easement will commence on the date of recording of this Agreement and shall extend for the period of time required by SUBDIVIDER to complete the construction of the public improvement, but in no event shall the duration of the Temporary Construction Easement extend beyond (00054471) 10 March 1, 2026; provided, however, that this Temporary Construction Easement shall automatically terminate within six (6) months from the date SUBDIVIDER commences construction of the public improvement. 4. With respect to the Temporary Construction Easement, CITY grants the following rights: a. SUBDIVIDER shall have the right to make excavations within the Temporary Construction Easement Area, and to grade as SUBDIVIDER may find reasonably necessary for the construction. SUBDIVIDER covenants and agrees to protect such excavations during construction; and to promptly fill said excavations following construction. b. SUBDIVIDER shall promptly backfill any trench made by it, and repair any damages caused by SUBDIVIDER within the Temporary Construction Easement Area, but excluding the replacement of trees, shrubs and brush on the Easement Area. SUBDIVIDER shall indemnify CITY against loss or damage which occurs as a result of SUBDIVIDER's negligent acts or omissions in the exercise of its easement rights herein. Once the Temporary Construction Easement Area has been restored substantially to its prior condition and except as expressly provided in this Temporary Construction Easement Agreement, SUBDIVIDER shall have no further responsibility for maintaining the Temporary Easement Area. C. SUBDIVIDER shall have the right of ingress and egress to and from the Temporary Construction Easement Area by such route within the Temporary Construction Easement Area as shall occasion the least practical damage and inconvenience to CITY. d. SUBDIVIDER shall have the right to trim or remove all structures, trees, brush, and any other landscaping features which may interfere with the exercise of SUBDIVIDER's rights pursuant to this Temporary Construction Easement Agreement. e. The SUBDIVIDER shall indemnify and hold harmless CITY against any loss, damage, expense, cost, third party claims or other liabilities which may occur or arise as a result of acts or omissions in the exercise of its easement rights or performance of its obligations hereunder. This indemnification and hold harmless shall include, but is not limited to, reasonable legal fees and cost of defense incurred by CITY. f. In the event a dwelling home has been constructed on the property at the time construction commences, the SUBDIVIDER shall at all times provide access to the dwelling home during the course of construction. (00054471) F1 10 SUBDIVIDER covenants and agrees that existing driveways, fences, underground drainage tile or other site features, with the exception of trees, shrubs and brush, which are removed or disturbed shall, to the extent reasonably possible, be replaced by SUBDIVIDER to conform with features or items removed during construction. SUBDIVIDER further agrees that all grassed areas disturbed by the construction shall be seeded within a reasonable time after construction is complete. 6. SUBDIVIDER 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 Temporary Construction Easement Area which are disturbed will be graded to form a uniform slope, and topsoil shall be replaced and respread over disturbed areas, thereby restoring said areas substantially to their prior condition, with the exception of the replacement of trees, shrubs and brush. 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 SUBDIVIDER expense. [The Remainder of this Page is Intentionally Left Blank] (00054471) �O [Signature Page to Temporary Construction Easement Agreement] Dated this day of February, 2016. SADDLEBROOK MEADOWS DEVELOPMENT, INC. By: Steve Gordon, Secretary CITY OF IOWA CITY, IOWA By: im Throgmorton ayor ATTEST: By: Aaie f 2 e. .rn� Mbiian K. Karr, City Clerk STATE OF IOWA, COUNTY OF JOHNSON) ss: This instrument was acknowledged before me on this �s day of February, 2016, by Steve Gordon as Secretary of Saddlebrook Meadows Development, Inc. ow, DELISA A. BAKER Commission Number 222035 My commission expires Notary Public in and for said State ow April 20, 2077 STATE OF IOWA, COUNTY OF JOHNSON) ss: On this 1 c, .. day of February, 2016, before me, the undersigned, a Notary Public in and for said County and State, personally appeared Jim Throgmorton and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa, a municipal corporation; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and the instrument was signed and sealed on behalf of the corporation by authority of its City Council, and the said Mayor and City Clerk did acknowledge the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. ahem, I(ELLIE K. TUTTLE Com.�i:..in (Limber 221319 1 pi E7res L�IpIYA� 1�- t1,"� 1 (00054471) /'K (1`Z k 1tl-f(IL Notary Public in and for said State CI 1c Prepared by: Michael J. Pugh 1100 Sixth Street, Suite 102 (319) 351-2028 Pugh Hagan Frahm PLC Coralville, IA 52241 Fax: (319) 351-1102 DRAINAGE EASEMENT AGREEMENT GENERAL QUARTERS — PART TWO THIS AGREEMENT, made and entered into by and between Saddlebrook Meadows Development, Inc. (Subdivider), which expression shall include its successors in interest and assigns, and the City of Iowa City, Iowa (the City), which expression shall include its successors in interest and assigns. It is hereby agreed as follows: For the sum of $1.00 plus other valuable consideration, the receipt of which is hereby acknowledged, Subdivider hereby grants and conveys to the City an easement for the purposes of excavating for and the installation, replacement, maintenance and use of such overland drainageways as the City shall from time to time elect for conveying storm water, 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 "Drainage Easement" as shown on the Final Plat of General Quarters — Part Two, attached hereto and incorporated herein by reference, hereafter described as "easement area." Subdivider further grants to the City: 1. The right of grading said easement areas for the full width thereof, and to extend the cuts and fills for such grading into and onto said lands along and outside of the said easement area to such extent as the City may find reasonably necessary. 2. The right from time to time to trim, cut down and clear away any and all trees and brush on said easement area and also to trim, cut down and clear away any trees on either side of said easement area which now or hereafter in the opinion of the City may be a hazard to said easement area, or which may interfere with the exercise of the City's rights hereunder in any manner. {00051758} LO The City shall promptly backfill any trench made by it, and repair any damages caused by the City within the easement area. The City shall indemnify Subdivider against unreasonable loss or damage which may occur in the negligent exercise of the easement rights by the City. Except as expressly provided herein, the City shall have no responsibility for maintaining the easement area. Subdivider reserves the right to use said easement area for purposes which will not interfere with the City's full enjoyment of the rights hereby granted; provided that the Subdivider shall not erect or construct any building, fence, 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 improvement placed in the easement area, with or without City approval, may be removed by the City without compensation or replacement. Subdivider does hereby covenant with the City that it is lawfully seized and possessed of the real estate above described, and that it has a good and lawful right to convey it, or any part thereof. Nothing in this Agreement shall be construed to impose a requirement on the City to install the original public improvements at issue herein. Nor shall Subdivider be deemed acting as the City's agent during the original construction and installation of said improvement. Parties agree that the obligation to install the public improvement(s) herein shall be in accordance with City specifications, and the obligation shall remain on Subdivider until completion by Subdivider, and until acceptance by the City, as by law provided. The provisions hereof shall inure to the benefit of and bind the successors and assigns of the respective Parties hereto, and all covenants shall apply to and run with the land and with the title to the land. Dated this AC day of February, 2016. SADDLEBROOK MEADOWS DEVELOPMENT. INC. By: Steve Gordon, Secretary CITY OF IOWA CITY, IOWA By: . im Throgmorton ayor {00051758} 10 ATTEST: By: Iftrian K. Karr, City Clerk STATE OF IOWA, COUNTY OF JOHNSON, ss: This instrument was acknowledged before me on this day of February, 2016, by Steve Gordon, as Secretary of Saddlebrook Meadows Development, Inc. �s �s DELISAA.BAKER g�L Commiselon Number 222035 My April 20, 2 17 Notary Public in and for said State STATE OF IOWA, COUNTY OF JOHNSON, ss: On this &A day of February, 2016, before me, the undersigned, a Notary Public in and for said County and State, personally appeared Jim Throgmorton and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa, a municipal corporation; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and the instrument was signed and sealed on behalf of the corporation by authority of its City Council, and the said Mayor and City Clerk did acknowledge the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. LIE K. TU17LE q,rnher2218,9 2, i'n Expires —/ Notary Public in and for said State {00051758} l0 Prepared by and after recording return to: Michael J. Pugh 1100 6th Street, Suite 102 (319) 351-2028 Pugh Hagan Prahm PLC Coralville, IA 52240 FAX (319) 351-1102 TERMINATION OF TEMPORARY TURNAROUND EASEMENT AGREEMENT RE: General Quarters — Part One, Iowa City, Iowa, as recorded in Book 48, Page 132 in the Office of the Johnson County Recorder (the "Subdivision"). WHEREAS, pursuant to a Temporary Turn -Around Easement shown on the Final Plat of the Subdivision recorded in Book 48, Page 132, Records of Johnson County, Iowa (the "Easement"), the City of Iowa City was granted a perpetual City service access easement upon, over, under, along, and across the temporary turnaround area constructed at the end of Sherman Drive within the Subdivision as shown on the Subdivision's Final Plat; and WHEREAS, Sherman Drive has been or will be extended in a southerly direction from the Subdivision. NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the undersigned, the City of Iowa City, hereby fully and irrevocably terminates, vacates, and releases the Easement. Dated this Vh day of February, 2016. iirlyThrogmorton, M or ATTEST: Marian Karr, City Clerk {00051764) �0 STATE OF IOWA, JOHNSON COUNTY, ss: On this )644�-day of February, 2016, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Jim Throgmorton and Marian K. Karr, to me personally known, and who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by authority of its City Council; and that Mayor and City Clerk 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. I:ELUE K. TUTTLE Nota Public C-rna.ii_. s,Clunber221819 Notary (.umEx ires �ie`iazt. nssi 1p 5 {00051764} 10 Doc ID: 026225590031 Type: GEN Kind: SUBDIVISION Recorded: 02/23/2016 at 02:24:34 PM r Fee Amt: $157.00 Page 1 of 31 w=+® Johnson County Iowa Kim Painter County Recorder BK5476 PG504-534 74 0 --....� I^✓ CITY OF IOWA CITY 1� 410 East Washington Street Iowa City. Iowa 52240-1826 (319)356-5000 STATE OF IOWA ) www.1c 56-5009 FAX www.icgov.org ) SS JOHNSON COUNTY ) I, Marian K. Karr, City Clerk of Iowa City, Iowa, do hereby certify that the Resolution attached hereto is a true and correct copy of Resolution No.16-41, which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 16th day of February, 2016, all as the same appears of record in my office. Also attached are the final legal documents for General Quarters, Part Three, Iowa City, Iowa. m Dated at Iowa City, Iowa, this ��Iday of ke J 2016. Marian K. kBrr TZ City Clerk lres subdivision 1 a CORPORATE SEAS mTrTrfr- 5d(2) Prepared by: Bob Miklo, Senior Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5240 (SUB15-00029) RESOLUTION NO. 16-41 RESOLUTION APPROVING FINAL PLAT OF GENERAL QUARTERS -PART THREE, IOWA CITY, IOWA. WHEREAS, the owner, Saddlebrook Meadows Development, Inc., filed with the City Clerk the final plat of General Quarters Part Three, Iowa City, Iowa, Johnson County, Iowa; and WHEREAS, said subdivision is located on the following -described real estate in Iowa City, Johnson County, Iowa, to wit: PART OF OUTLOT 'B', GENERAL QUARTERS - PART ONE, IOWA CITY, IOWA AS RECORDED IN BOOK 48, PAGE 132 IN THE OFFICE OF THE JOHNSON COUNTY, IOWA RECORDER AND LOCATED IN THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 23, TOWNSHIP 79 NORTH, RANGE 6 WEST OF THE 5TH PRINCIPAL MERIDIAN, IOWA CITY, JOHNSON COUNTY, IOWA DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF OUTLOT 'B', GENERAL QUARTERS - PART ONE; THENCE N0029'16"W 300.82 FEET ALONG THE WEST LINE OF SAID OUTLOT 'B' TO THE SOUTHWEST CORNER OF GENERAL QUARTERS - PART TWO IN THE CITY OF IOWA CITY, JOHNSON COUNTY, IOWA; THENCE N89030'02"E 418.38 FEET ALONG A SOUTH LINE OF SAID GENERAL QUARTERS - PART TWO; THENCE S0029'58"E 7.50 FEET ALONG A SOUTH LINE OF SAID GENERAL QUARTERS - PART TWO; THENCE N89030'02"E 80.00 FEET ALONG A SOUTH LINE OF SAID GENERAL QUARTERS - PART TWO; THENCE N0029'58"W 7.50 FEET ALONG A SOUTH LINE OF SAID GENERAL QUARTERS - PART TWO; THENCE N89°30'02"E 469.00 FEET ALONG A SOUTH LINE OF SAID GENERAL QUARTERS - PART TWO; THENCE N0029'58"W 47.00 FEET ALONG A SOUTH LINE OF SAID GENERAL QUARTERS - PART TWO; THENCE N89°30'02"E 172.64 FEET ALONG A SOUTH LINE OF SAID GENERAL QUARTERS - PART TWO TO THE SOUTHEAST CORNER THEREOF; THENCE S0044'12"E 232.36 FEET ALONG THE EAST LINE OF SAID OUTLOT'B'; THENCE SOUTHWESTERLY 97.51 FEET ALONG SAID EAST LINE AND THE ARC OF A 375.00 FOOT RADIUS, CONCAVE WESTERLY (CHORD BEARS S6°44'51"W 97.24 FEET) TO THE SOUTHEAST CORNER OF SAID OUTLOT 'B'; THENCE S88°32'10"W 1128.93 FEET ALONG THE SOUTH LINE OF SAID OUTLOT 'B' TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 339,336 SQ.FT., 7.79 ACRES, SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. WHEREAS, the Neighborhood and Development Services Department and the Public Works Department examined the proposed final plat and subdivision, and recommended approval; and WHEREAS, a dedication has been made to the public, and the subdivision has been made with the free consent and in accordance with the desires of the owners and proprietors; and I` Resolution No. 10-41 Page 2 WHEREAS, said final plat and subdivision are found to conform with Chapter 354, Code of Iowa (2015) and all other state and local requirements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The said final plat and subdivision located on the above-described real estate be and the same are hereby approved. 2. The City accepts the dedication of the streets and easements as provided by law and specifically sets aside portions of the dedicated land, namely streets, as not being open for public access at the time of recording for public safety reasons. The 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 16th day of February 12016 M OR Approved by ATTEST:iL✓ CITY CLERK Cify Attorney's Office ,;/(//141 It was moved by Aims and seconded by adopted, and upon roll call there were: AYES: NAYS: ABSENT: Dickens X Botchway X Dickens X Dobyns X Hayek X Mims X Payne X Throgmorton the Resolution be pcdRemplates/General Quarters 3 Final Plat Resolution (Recovered).doc.dm 1l Prepared by: Michael J. Pugh 1100 Sixth Street, Suite 102 (319) 351-2028 Pugh Hagan Frahm PLC Coralville, IA 52241 Fax: (319) 351-1102 SUBDIVIDER'S AGREEMENT GENERAL QUARTERS — PART THREE THIS AGREEMENT made by and between Saddlebrook Meadows 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 General Quarters — Part Three, Iowa City, Iowa (the "Subdivision"), an addition to the City of Iowa City, Iowa, the Subdivider agrees, as a covenant running with the land that, except as provided in this Agreement, the City shall not issue any building permit on any lots in said Subdivision unless and until Subdivider installs and City accepts the following improvements: (a) Concrete paving at least 28 feet in width on Sherman Drive and Farragut Lane. (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 "15' Off -Site Construction Easement for Trail" shown easterly of the Sherman Drive right-of-way, said trail to be constructed in accordance with the plans and specifications approved by the City Engineer. The paving, storm sewers, water mains, sanitary sewers and trail are hereinafter referred to as "Improvements." Nothing in this Agreement shall be construed to impose a requirement on the City to install the original public improvements at issue herein. Nor shall the Subdivider be deemed acting as the City's agent during the original construction and installation of said Improvements. The parties agree (00063183 21 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 Ordinance Compliance and Covenant. The storm water detention requirements for this subdivision will be met and satisfied through use of the South Sycamore Regional Greenspace and Drainage Corridor. Prior to issuance of any building permit for any lot in the subdivision, Subdivider shall pay to the City a storm water management fee of $21,622.55 ($2,775.68 per acre for 7.79 acres). Said payment shall satisfy Subdivider's obligation toward the South Sycamore Regional Greenspace and Drainage Corridor Fee. 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 at least five (5) feet in width adjacent to the segments of Sherman Drive and Farragut Lane located within this subdivision. All sidewalks 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; 16A-1, of the Iowa City Code of Ordinances. Except as provided below, sidewalks shall be installed adjacent to each lot prior to the issuance of an occupancy permit for a building constructed on any lot in the Subdivision and shall remain a lien on said lots until installed and released by the City and the release duly recorded in the Johnson County Recorder's Office. The concrete trail on the easterly side of Sherman Drive with the "15' Off -Site Construction Easement for Trail" shall be eight (8) feet in width. City agrees to promptly reimburse Subdivider or its successor or assigns, for the reasonable "oversize" costs associated with increasing the width of said concrete trail from 5 feet to 8 feet. Said reimbursement shall occur within thirty (30) days upon the acceptance of the Improvement. Section 5. Building Permits and Escrow Monies. If the Subdivider should desire a building permit for a building on any lot in said Subdivision before the Improvements have been installed, the Subdivider shall deposit with the Neighborhood Development 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. {00063183 2} 2 1 1` In addition to the Improvements Escrow, if Subdivision Erosion Control measures have not been installed, with ground cover established by growth, the City may require, as a condition to the issuance of the first building permit for construction 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. 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 2015 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. {00063183 21 3 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. The City does hereby further release any lien constituting a cloud upon the title of the property contained within the Subdivision arising from that certain City -Subdivider Agreement regarding the development of General Quarters — Part One, Iowa City, Iowa, dated October 19, 2004, and recorded October 25, 2004, in Book 3808, at Page 432, of the records of Johnson County, Iowa. 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 Dickenson Lane, Farragut Lane and Sherman Drive is installed and accepted by the City. Section 11 Neighborhood Open Space The City's Neighborhood Open Space Ordinance requires the dedication of .18 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 $2,700.00 (.18 acres x $15,000.00 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. (b) Outlots "A" and "B" of General Quarters — Part Two (as shown on the Final Plat of General Quarters — Part Two) shall be utilized by all lots in the Subdivision for mailbox clusters. Said Outlots shall be owned and maintained by the Subdivider, or homeowners association. The cost of said Outlots shall be shared by all Subdivision lot owners, including those located in General Quarters— Part Two, through a homeowners association. Any costs incurred by the City due to failure by the homeowners association to meet its obligations under the provisions of this Section and City Ordinance 14 -3A -4(J) shall be assessed against, and will be become a lien against all lot owners located within the Subdivision in favor of the City. Such assessment shall be by written instrument and recorded in the Office of the Johnson County Recorder. (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 $3,388.65 ($435 per acre for 7.79 acres). (d) Prior to issuance of any building permit for any lot in the subdivision, Subdivider shall pay to the City a Sycamore Street Improvement fee in the amount of $22,549.56 ($2,894.68 per acre for 7.79 acres). {00063183 21 4 `\ (e) Prior to issuance of any building permit for any lot in the subdivision, Subdivider shall pay to the City a sanitary sewer tap on fee in the amount of $13,994.74 ($1,796.50 per acre for 7.79 acres). Said payment shall satisfy Subdivider's obligation toward the South Sycamore Sanitary Trunk Sewer Project as described by Ordinance Number 00-3916 passed by the City of Iowa City on February 15, 2000. (f) Lots 30 and 59 shall not have direct vehicular access to/from Sycamore Street. (g) 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. (h) Lots 45 and 46 have restrictive minimum low opening (MLO) elevations as noted on the final plat of the subdivision. Section 14. Binding Effect This agreement shall inure to the benefit and bind the successors and assigns of the respective parties hereto and shall be construed as a covenant running with the title to the lots within the Subdivision. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] (00063183 2) 5 [SIGNATURE PAGE TO SUBDIVIDER'S AGREEMENT] Dated this _615�' day of February, 2016. SADDLEBROOK MEADOWS DEVELOPMENT, INC. By: Steve Gordon, Secretary CITY OF IOWA CITY, IOWA By: Jim Throgmorton, ayor By: -&".2 Mafian K. Karr, City Clerk STATE OF IOWA, COUNTY OF JOHNSON, SS. This instrument was acknowledged before me on this 1-5� day of February, 2016, by Steve Gordon, as Secretary of Saddlebrook Meadows Development, Inc. jfl�DELISA A. BAKER Catmdwbn Number 272035 t a,p Notary Public in and for said State STATE OF IOWA, COUNTY OF JOHNSON, SS. On this Ite�kday of February, 2016, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Jim Throgmorton and Marian K. Karr, to me personally known, and who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by authority of its City Council; and that Jim Throgmorton and Marian K. Karr acknowledge the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it and them voluntarily executed. T°� KELLIE K. TUTTLE ( (r'e /` / u-r't'L ' commissionNumberzate19 Notary Public in and for said State ,,g_, My Co Issi n Expires 1-7 {00063183 2} 6 OWNER'S CERTIFICATE AND DEDICATION GENERAL QUARTERS — PART THREE KNOW ALL MEN BY THESE PRESENTS: Saddlebrook Meadows 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" Saddlebrook Meadows Development, Inc. does further state that the subdivision of said real estate as it appears on the Final Plat of General Quarters — Part Three 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 General Quarters — Part Three, Iowa City, Iowa, are hereby dedicated to the public, as provided by Chapter 354 of the 2015 Code of Iowa, as amended. IN WITNESS WHEREOF, the proprietors have caused these presents to be signed on this L< day of February, 2016. SADDLEBROOK MEADOWS DEVELOPMENT, INC. By: Steve Gordon, Secretary CITY OF IOWA CITY, IOWA By: 1 Jim Throgmort , Mayor By: &4� 1C . -6-4i Manan K. Karr, City Clerk {00063191 } STATE OF IOWA ) ) ss: COUNTY OF JOHNSON ) This instrument was acknowledged before me on this I S- day of February, 2016, by Steve Gordon, as Secretary of Saddlebrook Meadows Development, Inc. o.P sS DELISA A. BAKER :r Commission Number 222035 MY Commission Expires aw April 2o, 2017 STATE OF IOWA ) ) ss: COUNTY OF JOHNSON ) CL Notary Public in and for said State On this 10 k day of February, 2016, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Jim Throgmorton and Marian K. Karr, to me personally known, and who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by authority of its City Council; and that Mayor and City Clerk 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. SE60 Notary Public in and for said State t000es19i} EXHIBIT "A" LEGAL DESCRIPTION GENERAL QUARTERS - PART THREE PART OF OUTLOT 'B', GENERAL QUARTERS - PART ONE, IOWA CITY, IOWA AS RECORDED IN BOOK 48, PAGE 132 IN THE OFFICE OF THE JOHNSON COUNTY, IOWA RECORDER AND LOCATED IN THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 23, TOWNSHIP 79 NORTH, RANGE 6 WEST OF THE 5TH PRINCIPAL MERIDIAN, IOWA CITY, JOHNSON COUNTY, IOWA DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF OUTLOT 'B', GENERAL QUARTERS - PART ONE; THENCE N0029'16"W 300.82 FEET ALONG THE WEST LINE OF SAID OUTLOT 'B' TO THE SOUTHWEST CORNER OF GENERAL QUARTERS - PART TWO IN THE CITY OF IOWA CITY, JOHNSON COUNTY, IOWA; THENCE N89030'02"E 418.38 FEET ALONG A SOUTH LINE OF SAID GENERAL QUARTERS - PART TWO; THENCE SO°29'58"E 7.50 FEET ALONG A SOUTH LINE OF SAID GENERAL QUARTERS - PART TWO; THENCE N89030'02"E 80.00 FEET ALONG A SOUTH LINE OF SAID GENERAL QUARTERS - PART TWO; THENCE N0029'58"W 7.50 FEET ALONG A SOUTH LINE OF SAID GENERAL QUARTERS - PART TWO; THENCE N89°30'02"E 469.00 FEET ALONG A SOUTH LINE OF SAID GENERAL QUARTERS - PART TWO; THENCE NO°29'58"W 47.00 FEET ALONG A SOUTH LINE OF SAID GENERAL QUARTERS - PART TWO; THENCE N89030'02"E 172.64 FEET ALONG A SOUTH LINE OF SAID GENERAL QUARTERS - PART TWO TO THE SOUTHEAST CORNER THEREOF; THENCE SO°44'12"E 232.36 FEET ALONG THE EAST LINE OF SAID OUTLOT 'B'; THENCE SOUTHWESTERLY 97.51 FEET ALONG SAID EAST LINE AND THE ARC OF A 375.00 FOOT RADIUS, CONCAVE WESTERLY (CHORD BEARS S6°44'51"W 97.24 FEET) TO THE SOUTHEAST CORNER OF SAID OUTLOT'B; THENCE S88032'10"W 1128.93 FEET ALONG THE SOUTH LINE OF SAID OUTLOT'B' TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 339,336 SQ.FT., 7.79 ACRES, SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. {00063191} 1` Prepared by: Michael J. Pugh 1100 Sixth Street, Suite 102 (319) 351-2028 Pugh Hagan Prahm PLC Coralville, IA 52241 Fax: (319) 351-1102 OPINION OF ATTORNEY GENERAL QUARTERS — PART THREE 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 General Quarters — Part Three, is in Saddlebrook Meadows Development, Inc., free and clear of all liens and encumbrances except for the following mortgage lien: A. A mortgage given by Saddlebrook Meadows Development, Inc. to Hills Bank and Trust Company, dated October 20, 2015, and recorded October 26, 2015, in Book 5438, Page 194 of the records of Johnson County, Iowa. Dated at Coralville, Iowa, this jS_ day of February, 2016. u •� Michael J. Pugh Pugh Hagan Prahm PLC 1100 Sixth Street, Suite 102 Coralville, IA 52241 (319)351-2028 (00063192) 1\ EXHIBIT "A" LEGAL DESCRIPTION GENERAL QUARTERS - PART THREE PART OF OUTLOT 'B', GENERAL QUARTERS - PART ONE, IOWA CITY, IOWA AS RECORDED IN BOOK 48, PAGE 132 IN THE OFFICE OF THE JOHNSON COUNTY, IOWA RECORDER AND LOCATED IN THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 23, TOWNSHIP 79 NORTH, RANGE 6 WEST OF THE 5TH PRINCIPAL MERIDIAN, IOWA CITY, JOHNSON COUNTY, IOWA DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF OUTLOT 'B', GENERAL QUARTERS - PART ONE; THENCE N0029'16"W 300.82 FEET ALONG THE WEST LINE OF SAID OUTLOT 'B' TO THE SOUTHWEST CORNER OF GENERAL QUARTERS - PART TWO IN THE CITY OF IOWA CITY, JOHNSON COUNTY, IOWA; THENCE N89030'02"E 418.38 FEET ALONG A SOUTH LINE OF SAID GENERAL QUARTERS - PART TWO; THENCE S0029'58"E 7.50 FEET ALONG A SOUTH LINE OF SAID GENERAL QUARTERS - PART TWO; THENCE N89°30'02"E 80.00 FEET ALONG A SOUTH LINE OF SAID GENERAL QUARTERS - PART TWO; THENCE N0029'58"W 7.50 FEET ALONG A SOUTH LINE OF SAID GENERAL QUARTERS - PART TWO; THENCE N89°30'02"E 469.00 FEET ALONG A SOUTH LINE OF SAID GENERAL QUARTERS - PART TWO; THENCE NO°29'58"W 47.00 FEET ALONG A SOUTH LINE OF SAID GENERAL QUARTERS - PART TWO; THENCE N89°30'02"E 172.64 FEET ALONG A SOUTH LINE OF SAID GENERAL QUARTERS - PART TWO TO THE SOUTHEAST CORNER THEREOF; THENCE SO°44'12"E 232.36 FEET ALONG THE EAST LINE OF SAID OUTLOT 'B'; THENCE SOUTHWESTERLY 97.51 FEET ALONG SAID EAST LINE AND THE ARC OF A 375.00 FOOT RADIUS, CONCAVE WESTERLY (CHORD BEARS S6°44'51"W 97.24 FEET) TO THE SOUTHEAST CORNER OF SAID OUTLOT'B'; THENCE S88°32'10"W 1128.93 FEET ALONG THE SOUTH LINE OF SAID OUTLOT'B' TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 339,336 SQ.FT., 7.79 ACRES, SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. {00063192} CERTIFICATE OF COUNTY TREASURER GENERAL QUARTERS — PART THREE I, the undersigned, Treasurer of Johnson County, Iowa or deputy thereof, hereby certify that the following described property, also known as General Quarters — Part Three, 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 A day of February, 2016. Thomas L. Kriz, Treasurer Johnson County, Iowa Parcel No. 1023454009 {00063193} �1 EXHIBIT "A" LEGAL DESCRIPTION GENERAL QUARTERS - PART THREE PART OF OUTLOT 'B', GENERAL QUARTERS - PART ONE, IOWA CITY, IOWA AS RECORDED IN BOOK 48, PAGE 132 IN THE OFFICE OF THE JOHNSON COUNTY, IOWA RECORDER AND LOCATED IN THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 23, TOWNSHIP 79 NORTH, RANGE 6 WEST OF THE 5TH PRINCIPAL MERIDIAN, IOWA CITY, JOHNSON COUNTY, IOWA DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF OUTLOT 'B', GENERAL QUARTERS - PART ONE; THENCE N0029'16"W 300.82 FEET ALONG THE WEST LINE OF SAID OUTLOT 'B' TO THE SOUTHWEST CORNER OF GENERAL QUARTERS - PART TWO IN THE CITY OF IOWA CITY, JOHNSON COUNTY, IOWA; THENCE N89030'02"E 418.38 FEET ALONG A SOUTH LINE OF SAID GENERAL QUARTERS - PART TWO; THENCE SO°29'58"E 7.50 FEET ALONG A SOUTH LINE OF SAID GENERAL QUARTERS - PART TWO; THENCE N89030'02"E 80.00 FEET ALONG A SOUTH LINE OF SAID GENERAL QUARTERS - PART TWO; THENCE N0029'58"W 7.50 FEET ALONG A SOUTH LINE OF SAID GENERAL QUARTERS - PART TWO; THENCE N89030'02"E 469.00 FEET ALONG A SOUTH LINE OF SAID GENERAL QUARTERS - PART TWO; THENCE N0029'58"W 47.00 FEET ALONG A SOUTH LINE OF SAID GENERAL QUARTERS - PART TWO; THENCE N89°30'02"E 172.64 FEET ALONG A SOUTH LINE OF SAID GENERAL QUARTERS - PART TWO TO THE SOUTHEAST CORNER THEREOF; THENCE S0044'12"E 232.36 FEET ALONG THE EAST LINE OF SAID OUTLOT 'B'; THENCE SOUTHWESTERLY 97.51 FEET ALONG SAID EAST LINE AND THE ARC OF A 375.00 FOOT RADIUS, CONCAVE WESTERLY (CHORD BEARS S6°44'51"W 97.24 FEET) TO THE SOUTHEAST CORNER OF SAID OUTLOT 'B; THENCE S88°32'10"W 1128.93 FEET ALONG THE SOUTH LINE OF SAID OUTLOT'B' TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 339,336 SQ.FT., 7.79 ACRES, SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. {00063193} CERTIFICATE OF COUNTY AUDITOR GENERAL QUARTERS — PART THREE I, Travis Weipert, the Johnson County Auditor, hereby approve of General Quarters — Part Three as a succinct and unique name for the subdivision containing the following described real estate located in Johnson County, Iowa: See Exhibit "A". {00063194} Date Travis eipert, ohnso ountjrAu or 70�e�_ 1 {00063194} Date EXHIBIT "A" LEGAL DESCRIPTION GENERAL QUARTERS - PART THREE PART OF OUTLOT 'B', GENERAL QUARTERS - PART ONE, IOWA CITY, IOWA AS RECORDED IN BOOK 48, PAGE 132 IN THE OFFICE OF THE JOHNSON COUNTY, IOWA RECORDER AND LOCATED IN THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 23, TOWNSHIP 79 NORTH, RANGE 6 WEST OF THE 5TH PRINCIPAL MERIDIAN, IOWA CITY, JOHNSON COUNTY, IOWA DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF OUTLOT 'B', GENERAL QUARTERS - PART ONE; THENCE N0029'16'W 300.82 FEET ALONG THE WEST LINE OF SAID OUTLOT 'B' TO THE SOUTHWEST CORNER OF GENERAL QUARTERS - PART TWO IN THE CITY OF IOWA CITY, JOHNSON COUNTY, IOWA; THENCE N89030'02"E 418.38 FEET ALONG A SOUTH LINE OF SAID GENERAL QUARTERS - PART TWO; THENCE S0029'58"E 7.50 FEET ALONG A SOUTH LINE OF SAID GENERAL QUARTERS - PART TWO; THENCE N89°30'02"E 80.00 FEET ALONG A SOUTH LINE OF SAID GENERAL QUARTERS - PART TWO; THENCE N0029'58"W 7.50 FEET ALONG A SOUTH LINE OF SAID GENERAL QUARTERS - PART TWO; THENCE N89030'02"E 469.00 FEET ALONG A SOUTH LINE OF SAID GENERAL QUARTERS - PART TWO; THENCE NO°29'58"W 47.00 FEET ALONG A SOUTH LINE OF SAID GENERAL QUARTERS - PART TWO; THENCE N89030'02"E 172.64 FEET ALONG A SOUTH LINE OF SAID GENERAL QUARTERS - PART TWO TO THE SOUTHEAST CORNER THEREOF; THENCE SO°44'12"E 232.36 FEET ALONG THE EAST LINE OF SAID OUTLOT 'B'; THENCE SOUTHWESTERLY 97.51 FEET ALONG SAID EAST LINE AND THE ARC OF A 375.00 FOOT RADIUS, CONCAVE WESTERLY (CHORD BEARS S6044'51"W 97.24 FEET) TO THE SOUTHEAST CORNER OF SAID OUTLOT 'B'; THENCE S88°32'10"W 1128.93 FEET ALONG THE SOUTH LINE OF SAID OUTLOT'B' TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 339,336 SQ.FT., 7.79 ACRES, SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. {00063194} \ Prepared by: Michael J. Pugh 1100 Sixth St. Suite 102 Phone (319) 351-2028 Pugh Hagan Prahm PLC Coralville, IA 52241 FAX (319) 351-1102 CONSENT OF MORTGAGEE TO SUBDIVISION GENERAL QUARTERS — PART THREE The undersigned, Hills Bank and Trust Company, is the Mortgagee of a Mortgage from Saddlebrook Meadows Development, Inc., which document is dated October 20, 2015, and was recorded October 26, 2015, in Book 5438, at Page 194 of the records of Johnson County. Said Mortgage records therein that property to be designated as General Quarters — Part Three, 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 Saddlebrook Meadow 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. S Dated this /6 � day of February, 2016 HILLS BANK AND TRUST COMPANY By: Tim D. Finer, Senior Vice -President STATE OF IOWA, COUNTY OF JOHNSON ) ss: This instrument was acknowledged before me on this 10' of February, 2016, by Tim D. Finer, Senior Vice -President, of Hills Bank and Trust Company. RENEE HARNED c°My�1on Number r12 Notary Public in and for said State (00063195) \\ Fm i:u3rdlrr_vl LEGAL DESCRIPTION GENERAL QUARTERS - PART THREE PART OF OUTLOT 'B', GENERAL QUARTERS - PART ONE, IOWA CITY, IOWA AS RECORDED IN BOOK 48, PAGE 132 IN THE OFFICE OF THE JOHNSON COUNTY, IOWA RECORDER AND LOCATED IN THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 23, TOWNSHIP 79 NORTH, RANGE 6 WEST OF THE 5TH PRINCIPAL MERIDIAN, IOWA CITY, JOHNSON COUNTY, IOWA DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF OUTLOT'B', GENERAL QUARTERS - PART ONE; THENCE NO°29'16"W 300.82 FEET ALONG THE WEST LINE OF SAID OUTLOT'B' TO THE SOUTHWEST CORNER OF GENERAL QUARTERS- PART TWO IN THE CITY OF IOWA CITY, JOHNSON COUNTY, IOWA; THENCE N89030'02"E 418.38 FEET ALONG A SOUTH LINE OF SAID GENERAL QUARTERS - PART TWO; THENCE S0029'58"E 7.50 FEET ALONG A SOUTH LINE OF SAID GENERAL QUARTERS - PART TWO; THENCE N89°30'02"E 80.00 FEET ALONG A SOUTH LINE OF SAID GENERAL QUARTERS - PART TWO; THENCE NO°29'58"W 7.50 FEET ALONG A SOUTH LINE OF SAID GENERAL QUARTERS - PART TWO; THENCE N89030'02"E 469.00 FEET ALONG A SOUTH LINE OF SAID GENERAL QUARTERS - PART TWO; THENCE N0029'58"W 47.00 FEET ALONG A SOUTH LINE OF SAID GENERAL QUARTERS - PART TWO; THENCE N89°30'02"E 172.64 FEET ALONG A SOUTH LINE OF SAID GENERAL QUARTERS - PART TWO TO THE SOUTHEAST CORNER THEREOF; THENCE SO°44'12"E 232.36 FEET ALONG THE EAST LINE OF SAID OUTLOT'B'; THENCE SOUTHWESTERLY 97.51 FEET ALONG SAID EAST LINE AND THE ARC OF A 375.00 FOOT RADIUS, CONCAVE WESTERLY (CHORD BEARS S6044'51"W 97.24 FEET) TO THE SOUTHEAST CORNER OF SAID OUTLOT 'B; THENCE S88032'10"W 1128.93 FEET ALONG THE SOUTH LINE OF SAID OUTLOT'B' TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 339,336 SQ.FT., 7.79 ACRES, SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. {00063195} Prepared by: Michael J. Pugh 1100 Sixth Street, Suite 102 (319) 351-2028 Pugh Hagan Prahm PLC Coralville, IA 52241 Fax: (319) 351-1102 UNDERGROUND UTILITY EASEMENT GENERAL QUARTERS — PART THREE In consideration of the approval of the Final Plat of General Quarters — Part Three, Iowa City, Iowa, the undersigned owner hereby grants to the City of Iowa City, ImOn Communications, L.L.C., MidAmerican Energy Co., CenturyLink and Mediacom, 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 General Quarters — Part Three, Iowa City, Iowa, as "Utility Easement" as located within the Subdivision. The Grantees of this easement shall have the right to install, lay, construct, reconstruct, renew, operate, maintain and remove conduits, cables, pipes, electric lines below the surface of the ground, and other equipment or appurtenances above the surface of the ground as may be necessary for the purpose of serving the Subdivision and other property with electricity, gas, and communication service; the right to trim, cut down and remove such trees, brush, saplings and bushes as may interfere with the proper construction, maintenance, operation or removal of said facilities, equipment and appurtenances; and the right of ingress and egress for all of the purposes aforesaid. 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. (00063196) \ 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. Dated this /sem' day of February, 2016. SADDLEBROOK MEADOWS DEVELOPMENT. INC. By: Steve Gordon, Secretary STATE OF IOWA, COUNTY OF JOHNSON, ss: This instrument was acknowledged before me on this lfl'� day of February, 2016, by Steve Gordon, as Secretary of Saddlebrook Meadows Development, Inc. /J 4. DEUSAA.BAKEp Ll�� Q� /S„(�,_ F Camn4sdOn Number 212035 c�+`� � �N"i'2oO12'o Notary Public in and for said State {00063196} Prepared by: Michael J. Pugh 1100 Sixth Street, Suite 102 (319) 351-2028 Pugh Hagan Prahm PLC Coralville, IA 52241 Fax: (319) 351-1102 SANITARY SEWER EASEMENT AGREEMENT GENERAL QUARTERS — PART THREE THIS AGREEMENT, made and entered into by and between Saddlebrook Meadows Development, Inc. (Subdivider), which expression shall include its successors in interest and assigns, and the City of Iowa City, Iowa (the City), which expression shall include its successors in interest and assigns. It is hereby agreed as follows: For the sum of $1.00 plus other valuable consideration, the receipt of which is hereby acknowledged, Subdivider hereby grants and conveys to the City an easement for the purposes of excavating for and the installation, replacement, maintenance and use of such sewage lines, pipes, mains, and conduits as the City shall from time to time elect for conveying sewage, with all necessary appliances and fittings, for the use in connection with said lines, together with adequate protection therefor, and also a right of way, with the right of ingress and egress thereto, over and across the area designated as "Sanitary Sewer Easement" as shown on the Final Plat of General Quarters — Part Three hereafter described as "easement area." Subdivider further grants to the City: 1. The right of grading said easement areas for the full width thereof, and to extend the cuts and fills for such grading into and onto said lands along and outside of the said easement areas to such extent as the City may find reasonably necessary. 2. The right from time to time to trim, cut down and clear away any and all trees and brush on said easement areas and also to trim, cut down and clear away any trees on either side of said easement areas which now or hereafter in the 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. (00063197) 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 Subdivider against unreasonable loss or damage which may occur in the negligent exercise of the easement rights by the City. Except as expressly provided herein, the City shall have no responsibility for maintaining the easement areas. Subdivider reserves the right to use said easement areas for purposes which will not interfere with the City's full enjoyment of the rights hereby granted; provided that the Subdivider shall not erect or construct any building, fence, retaining wall, or other structure, plant any trees, drill or operate any well, or construct any reservoir or other obstruction on said areas, or diminish or substantially add to the ground cover over said easement areas. Any such improvements placed in the easement area, with or without City approval, may be removed by the City without compensation or replacement. Subdivider does hereby covenant with the City that it is lawfully seized and possessed of the real estate above described, and Subdivider has a good and lawful right to convey it, or any part thereof. Nothing in this Agreement shall be construed to impose a requirement on the City to install the original public improvement at issue herein. Nor shall Subdivider be deemed acting as the City's agent during the original construction and installation of said improvement. Parties agree that the obligation to install the public improvement(s) herein shall be in accordance with City specifications, and the obligation shall remain on Subdivider until completion by Subdivider, and until acceptance by the City, as by law provided. The provisions hereof shall inure to the benefit of and bind the successors and assigns of the respective Parties hereto, and all covenants shall apply to and run with the land and with the title to the land. Dated this A::- day of February, 2016. SADDLEBROOK MEADOWS DEVELOPMENT, INC. By: Steve Gordon, Secretary (00063197) CITY OF IOWA CITY, IOWA By: r zg;�� im Throgmorton ayor ATTEST: By: 2�. e- tit/ ian K. Karr, City Clerk STATE OF IOWA, COUNTY OF JOHNSON) ss: This instrument was acknowledged before me on this /-sem-' day of February, 2016, by Steve Gordon as Secretary of Saddlebrook Meadows Development, Inc. DEUSAA. BAKER F commission Number 222035 My Commission res Notary Public in and for said State April 20, 2017 STATE OF IOWA, COUNTY OF JOHNSON) ss: On this 16 day of February, 2016, before me, the undersigned, a Notary Public in and for said County and State, personally appeared Jim Throgmorton and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa, a municipal corporation; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and the instrument was signed and sealed on behalf of the corporation by authority of its City Council, and the said Mayor and City Clerk did acknowledge the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. KELLIE K. TUTTLE - Commiss!o, Number 221819 My Com Io Expires {00063197} Notary Public in and for said State Prepared by: Michael J. Pugh 1100 Sixth Street, Suite 102 (319) 351-2028 Pugh Hagan Prahm PLC Coralville, IA 52241 Fax: (319) 351-1102 STORM SEWER EASEMENT AGREEMENT GENERAL QUARTERS — PART THREE THIS AGREEMENT, made and entered into by and between Saddlebrook Meadows Development, Inc. (Subdivider), which expression shall include its successors in interest and assigns, and the City of Iowa City, Iowa (the City), which expression shall include its successors in interest and assigns. It is hereby agreed as follows: For the sum of $1.00 plus other valuable consideration, the receipt of which is hereby acknowledged, Subdivider hereby grants and conveys to the City an easement for the purposes of excavating for and the installation, replacement, maintenance and use of such storm water lines, pipes, mains, conduits, and overland drainageways as the City shall from time to time elect for conveying storm water, with all necessary appliances and fittings, for the use in connection with said lines, together with adequate protection therefor, and also a right of way, with the right of ingress and egress thereto, over and across the area designated as "Storm Sewer Easement" as shown on the Final Plat of General Quarters — Part Three, hereafter described as "easement area." Subdivider further grants to the City: 1. The right of grading said easement areas for the full width thereof, and to extend the cuts and fills for such grading into and onto said lands along and outside of the said easement area to such extent as the City may find reasonably necessary. 2. The right from time to time to trim, cut down and clear away any and all trees and brush on said easement area and also to trim, cut down and clear away any trees on either side of said easement area which now or hereafter in the opinion of the City may be a hazard to said easement area, or which may interfere with the exercise of the City's rights hereunder in any manner. (00063198) The City shall promptly backfill any trench made by it, and repair any damages caused by the City within the easement area. The City shall indemnify Subdivider against unreasonable loss or damage which may occur in the negligent exercise of the easement rights by the City. Except as expressly provided herein, the City shall have no responsibility for maintaining the easement area. Subdivider reserves the right to use said easement area for purposes which will not interfere with the City's full enjoyment of the rights hereby granted; provided that the Subdivider shall not erect or construct any building, fence, 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 improvement placed in the easement area, with or without City approval, may be removed by the City without compensation or replacement. Subdivider does hereby covenant with the City that it is lawfully seized and possessed of the real estate above described, and that it has a good and lawful right to convey it, or any part thereof. Nothing in this Agreement shall be construed to impose a requirement on the City to install the original public improvements at issue herein. Nor shall Subdivider be deemed acting as the City's agent during the original construction and installation of said improvement. Parties agree that the obligation to install the public improvement(s) herein shall be in accordance with City specifications, and the obligation shall remain on Subdivider until completion by Subdivider, and until acceptance by the City, as by law provided. The provisions hereof shall inure to the benefit of and bind the successors and assigns of the respective Parties hereto, and all covenants shall apply to and run with the land and with the title to the land. Dated this e S day of February, 2016. SADDLEBROOK MEADOWS DEVELOPMENT, INC. By: Steve Gordon, Secretary CITY OF IOWA CITY, IOWA By: im Throgmortorr Mayor {00063198} 1\ ATTEST: By: / rra� k • moi/ Manan K. Karr, City Clerk STATE OF IOWA, COUNTY OF JOHNSON, ss: This instrument was acknowledged before me on this IST' day of February, 2016, by Steve Gordon, as Secretary of Saddlebrook Meadows Development, Inc. ,,.w�$ &, DELISA A. BAKER :°G Commission Number 222035 My Commission Expires '•" April 20, 2017 Notary Public in and for said State STATE OF IOWA, COUNTY OF JOHNSON, ss: On this 1 �4 day of February, 2016, before me, the undersigned, a Notary Public in and for said County and State, personally appeared Jim Throgmorton and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa, a municipal corporation; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and the instrument was signed and sealed on behalf of the corporation by authority of its City Council, and the said Mayor and City Clerk did acknowledge the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. /«c i �y. k d KELI IE K, TUTTLE Notary Public in and for said State Comroiss:on Number 221919 W1 I My Com Iasi n E�plres {00063198} Prepared by: Michael J. Pugh 1100 Sixth Street, Suite 102 (319) 351-2028 Pugh Hagan Prahm PLC Coralville, IA 52241 Fax: (319) 351-1102 DRAINAGE EASEMENT AGREEMENT GENERAL QUARTERS — PART THREE THIS AGREEMENT, made and entered into by and between Saddlebrook Meadows Development, Inc. (Subdivider), which expression shall include its successors in interest and assigns, and the City of Iowa City, Iowa (the City), which expression shall include its successors in interest and assigns. It is hereby agreed as follows: For the sum of $1.00 plus other valuable consideration, the receipt of which is hereby acknowledged, Subdivider hereby grants and conveys to the City an easement for the purposes of excavating for and the installation, replacement, maintenance and use of such overland drainageways as the City shall from time to time elect for conveying storm water, 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 "Drainage Easement" as shown on the Final Plat of General Quarters — Part Three, hereafter described as "easement area." Subdivider further grants to the City: 1. The right of grading said easement areas for the full width thereof, and to extend the cuts and fills for such grading into and onto said lands along and outside of the said easement area to such extent as the City may find reasonably necessary. 2. The right from time to time to trim, cut down and clear away any and all trees and brush on said easement area and also to trim, cut down and clear away any trees on either side of said easement area which now or hereafter in the opinion of the City may be a hazard to said easement area, or which may interfere with the exercise of the City's rights hereunder in any manner. {00063199) The City shall promptly backfill any trench made by it, and repair any damages caused by the City within the easement area. The City shall indemnify Subdivider against unreasonable loss or damage which may occur in the negligent exercise of the easement rights by the City. Except as expressly provided herein, the City shall have no responsibility for maintaining the easement area. Subdivider reserves the right to use said easement area for purposes which will not interfere with the City's full enjoyment of the rights hereby granted; provided that the Subdivider shall not erect or construct any building, fence, 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 improvement placed in the easement area, with or without City approval, may be removed by the City without compensation or replacement. Subdivider does hereby covenant with the City that it is lawfully seized and possessed of the real estate above described, and that it has a good and lawful right to convey it, or any part thereof. Nothing in this Agreement shall be construed to impose a requirement on the City to install the original public improvements at issue herein. Nor shall Subdivider be deemed acting as the City's agent during the original construction and installation of said improvement. Parties agree that the obligation to install the public improvement(s) herein shall be in accordance with City specifications, and the obligation shall remain on Subdivider until completion by Subdivider, and until acceptance by the City, as by law provided. The provisions hereof shall inure to the benefit of and bind the successors and assigns of the respective Parties hereto, and all covenants shall apply to and run with the land and with the title to the land. Dated this day of February, 2016. SADDLEBROOK MEADOWS DEVELOPMENT, INC. By: Steve Gordon, Secretary CITY OF IOWA CITY, IOWA By: Jim Throgmort Mayor (00063199) 1` ATTEST: By: fi r% 7'�' • 11C Manan K. Karr, City Clerk STATE OF IOWA, COUNTY OF JOHNSON, ss: This instrument was acknowledged before me on this 15 - day of February, 2016, by Steve Gordon, as Secretary of Saddlebrook Meadows Development, Inc. DEUSAmmhWon A.Nu BAKER 14WM Commlagion Numbx 222835y Commisabn ma �rr1 zo, zoi'� Notary Public in and for said State STATE OF IOWA, COUNTY OF JOHNSON, ss: On this I day of February, 2016, before me, the undersianed. a Notary Public in and for said County and State, personally appeared Jim Throgmorton and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa, a municipal corporation; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and the instrument was signed and sealed on behalf of the corporation by authority of its City Council, and the said Mayor and City Clerk did acknowledge the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. KELLI€ K. TU ME commission f•Jumber 221819 My Co mission Expires L {00063199} Notary Public in and for said State Prepared by Sarah Walz, Associate Planner, 410 E. Washington, Iowa City, IA 52240; 3191356-5239 DECISION IOWA CITY BOARD OF ADJUSTMENT WEDNESDAY, FEBRUARY 17, 2016 EMMA J. HARVAT HALL 111111111111119111111111111111111111111111111111111111111� 111111111111111111 Doc ID: 026235010005 Type: GEN Kind: DECISION Recorded: 03/08/2016 at 10:30:28 AM Fee Amt: $27.00 Pape 1 of 5 Johnson Countv Iowa Kim Painter County Recorder BK5480 PG310-314 MEMBERS PRESENT: Becky Soglin, Tim Weitzel, Connie Goeb, T. Gene Chrischilles MEMBERS ABSENT: Larry Baker STAFF PRESENT: Sue Dulek, Sarah Walz OTHERS PRESENT: Ross Nusser, Mike Pugh, Mitch King, Casey Cook, Roger Goedken, Steve Myoffer SPECIAL EXCEPTION ITEMS: EXC15-000016: A public hearing regarding an application submitted by Mitch King for a historic preservation waiver to reduce the minimum off-street parking requirements for a property located in the High Density Multi -Family Residential (RM -44) zone at 716 North Dubuque Street. Based on the findings below, the Board concludes that the parking requirement for the use may prevent its use or occupancy. The Board finds that the property is non -conforming with regard to parking. The Board finds that the current use of the property is an Assisted Group Living use with 21 roomers. The Board finds that the current use requires 9 parking spaces: 1 parking space for every 3 roomers plus 1 parking space for each employee based on the maximum number of staff who will be present at one time. The Board finds that property is able to provide only two (2) conforming parking spaces though it has the potential to stack and additional 2 cars. The Board finds that the minimum parking requirement for a fraternal group living use is 0.75 spaces per roomer, or 16 spaces. The Board finds that the regulations for non -conforming parking for residential uses (Code Section 14-4E- 813-2) provide that in situations such as this, where the number of required spaces for a proposed new use is more than what was required for the established use, only the number of spaces beyond what was required for the established use need to be provided. The Board finds that the applicant has attempted to secure off-site parking within the neighborhood but that such parking must be provided within the multi -family zone in order to be in conformance with the parking standards and thus the applicant has not been able to secure off-site parking. The Board concludes that the requested modification or waiver will help preserve the historic, aesthetic, or cultural attributes of the property based on the following firttlings: • The building was originally constructed and designed to serve as a fraternity ho 6e. The - structure has a large amount of living area and contains all of the necessary fimWies to ! serve a group living use (fraternal or rooming house), including 21 bedrooms: I -.• Z • The property served as a fraternity until the late 1990s when it was converted to the present Assisted Group Living use. _. - o 1'k The applicant has committed to making a number of repairs necessary to restore the exterior of the building. These include repairing stucco, repainting the exterior, re- roofing, repair to the exterior fire escape, and removal of the deck on the north side of the building. The applicant has also indicated that work to secure the foundation of the structure is needed and he would plan to do this before the building is occupied. The cost estimates provided by the applicant for exterior work are $138,000-$154,000. The applicant has submitted additional information on costs to bring the interior of the property up to market standard and to install a sprinkler system. The applicant's estimates for renovations to bring the interior of the building into market rate condition total $224,000-$253,000. Given the floor area of the building and the extent of the repairs and maintenance necessary for the historic structure, some flexibility may be necessary to allow for a sufficient return on investment such that the property can be kept in good condition and that the historic aspects of the structure are maintained. Information provided by an appraiser testifying on behalf of the applicant indicated that the property could make an adequate income with 18 roomers, however this would be a small number for a fraternity house and thus make potentially make it harder to retain a fraternal use. The applicant must obtain a certificate of appropriateness from the historic preservation commission in order for the special exception to be valid. The Board concludes that the property is eligible for Historic Landmark designation based on the following findings: • The property is considered eligible to be designated an Iowa City Historic Landmark and is located along a portion of North Dubuque Street where several other active fraternity houses are located. • A historic survey of the North Dubuque Street area found the property to be historic, describing it as follows: "The house retains a high level of integrity. It may be individually eligible with further research, and is definitely a contributing structure in the North Dubuque Conservation District." • The Historic Preservation Commission has recommended that the property be designated as an Iowa City Historic Landmark. The Landmark application is now being considered by the Planning and Zoning Commission. The Board concludes that a reduction in parking does not present a safety concern or a threat to the public welfare, however, the modification does allow an increase in density over what would otherwise be allowed by code. Approval of the historic preservation waiver is subject to installation of an interior fire sprinkler system. The Board finds that the installation of a sprinkler system will make the building safer for residents and will help reduce the risk of the, historic structure being destroyed by fire. The Board concludes that the specific proposed exception will not be injurious to th6Ase and. enjoyment of other property in the immediate vicinity and will not substantially d(a1inish or impair' property values in the neighborhood based on the following findings: - _= - •• • While the additional parking demand generated by the residential density, of -the user being proposed may not, on its own, have a significant impact on property vajues, it does contribute to a situation that can diminish the quality of life of the neighborhood— especially for long-term residents and owner occupants for whom this is not a temporary \V situation. However, the Board finds that the following conditions will help to reduce the parking demand of the use and thereby minimize the impact to the neighborhood: o The applicant will remove the wooden deck outside the first floor and install up to 10 moped parking spaces. This must be done in accord with historic preservation guidelines. o The applicant will provide interior parking for up to 21 bicycles—one for each roomer. Bike parking would enter from the north side of the building at ground level to make access easy and efficient. o The Board received just one letter from the neighborhood expressing concern about the application. o Because the parking demand generated by the use may be higher due to the social aspects of fraternal living, the fraternity must hold all regular meetings at an off-site location and more than three convictions for disorderly house in an 18 -month period, the special exception would be revoked. The Board concludes that establishment of the specific proposed exception will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the zone in which such property is located based on the following findings: • Fraternal group living is an allowed use in the RM -44 zone. • Several properties in the immediate vicinity are operating as fraternities. • The neighborhood is a walkable distance from campus, in an area that provides ready access to both Cambus and Iowa City Transit service. • Conditions imposed by the board (listed above) should help to reduce the parking demand generated by the use and control other externalities associated with the fraternal group living use. The Board concludes that adequate utilities, access roads, drainage and/or necessary facilities have been or are being provided for the site based on the finding that all necessary utilities and drainage are in place for the property. The Board concludes that adequate measures have been or will be taken to provide ingress or egress designed so as to minimize traffic congestion on public streets, based on the following findings: • Dubuque Street is an arterial street and the applicant has shown that vehicle counts along the street are on a downward trend over the past decade. • While alley access is somewhat constrained, conditions imposed by the Board are intended to reduce vehicle traffic to the property. o • The property is located on a route served by Cambus and Iowa City Transit. The Board concludes that, except for the specific regulations and standards appjicablepo the exception being considered, the specific proposed exception, in all other respects; conforms to -•r the applicable regulations or standards of the zone in which it is to be located =based a the following following findings: ch, Fraternal living is an allowed use in the zone. The RM -44 zone allows a fraternal 9e of up to 21 roomers based on lot area and square footage of the building so long as parking is provided. The Board concludes that the proposed use will be consistent with the Comprehensive Plan, as amended based on the following findings: • The Central District Plan calls attention to the complexity of the housing market in the near -campus neighborhoods, north and east of the Downtown. The plan notes the on- going challenge of maintaining a healthy balance of housing types, and mix of residents—homeowners and short and long-term renters. • Goal 2, in the Housing and Quality of Life section of the plan, focuses on "achieving a healthy balance of rental and owner -occupied housing in the district's older neighborhoods to promote long-term investment, affordable housing opportunities, and preservation of historic homes and neighborhoods." This includes working to bring over - occupied properties into compliance with current zoning requirement, revisiting occupancy rules and encouraging preservation of historic homes. • "Since there is more demand for on -street parking than space available in the neighborhoods, residents are sometimes unable to park in front of their houses or even on the same block. This is typical in many cities that have residential neighborhoods near colleges, hospitals, and high schools. Restricting where and when parking is allowed are tools that can be used to control parking congestion. If a majority of a neighborhood requests it, City transportation planning staff can evaluate various options for establishing parking restrictions.... One possible solution in the most congested areas would be to establish a residential on -street parking permit system. Under this type of system, residents would be sold parking permits that would allow them to park on the street." • The Historic Preservation Plan is part of the Comprehensive Plan. It encourages the conservation of many buildings constructed in the late 19th and early 20th century for use by fraternities and sororities as important artifacts in the history of the development of the University of Iowa. Disposition: By a vote of 3-1 the Board approves a special exception for a historic preservation waiver to allow up to 21 residents of a group living use, subject to the following conditions: • The applicant must secure a Local Historic Landmark Designation from the City of Iowa City. • All changes to the property's exterior must meet Historic Preservation guidelines • The applicant must make those repairs and renovations to the exterior and fou3nation of, the structure as listed in the application (see attachment #7 to the appiicatio_6 for tfie, special exception) as well as any repairs deemed necessary by the Histpric.Oreservation, Commission. =- k _ �.... • All aspects of the interior must meet code standards. Shared bathro'om's must use, materials and fixtures of an institutional grade. y.) • In the area where there is currently a deck, the applicant must install mopec�'cparking stalls equal to at least one-half of the residential occupancy of the building. Design and installation of moped parking must be approved by the Historic Preservation Specialist. • The applicant must install interior bike storage on the ground floor level of the building sufficient to store one bike per resident based on the maximum number of residents allowed by the special exception. Staff will review proposed bike raok/storage and access to the ground floor to ensure bike storage is easily accessible. _ All chapter meetings held by the fraternity must held at an off-site location. Three convictions and/or findings or pleas of guilt and/or civil judgiriA�� '64 di�6rderl�' house within an 18 -month period will result in the loss of the special exception at which point the property will revert to 12 residents maximum. f TIME LIMITATIONS: All orders of the Board, which do not set a specific time limitation on Applicant action, shall expire six (6) months from the date they were filed with the City Clerk, unless the Applicant shall have taken action within such time period to establish the use or construct the improvement authorized under the terms of the Board's decision. City Code Section 14-8C-1 E, City of Iowa City, Iowa. Becky Soglin, Acting'Chairperson STATE OF IOWA JOHNSON COUNTY Approved by: City Attorney's Office I, Marian Karr, City Clerk of the City of Iowa City, do hereby certify that the Board of Adjustment Decision herein is a true and correct copy of the Decision that was passed by the Board of Adjustment of Iowa City, Iowa, at its regular meeting on the 17th day of February 2016, as the same appears of record in my Office. Dated at Iowa City, this C -i day of V�CX c 20] U /Lug k. Maria <. Karr, City Clerk CORPORATE SEAL t� Doc ID: 026249950013 Type: GEN Kind: RESOLUTION Recorded: 03/28/2016 at 03:18:07 PM Fee Amt: $67.00 Pape 1 of 13 Johnson County Iowa Kim Painter County Recorder BK5486 PG375-387 STATE OF IOWA ) )SS JOHNSON COUNTY ) I, Marian K. Karr, City Clerk of Iowa City, Iowa, do hereby certify that the Resolution attached hereto is a true and correct copy of Resolution No. 16-71 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 23rd day of March, 2016, all as the same appears of record in my office. Dated at Iowa City, Iowa, this - S+"' day of 1 y a C C /L 2016. �2 . r � Marian. Karr City Clerk r,oa r fires CORP i Si Nt 410 EAST WASHINGTON STREET • IOWA CITY, IOWA 52240-1826 • (319) 356-5000 • FAX (319) 356-5009 15 I^ 3d(10) Prepared by: Eleanor M. Dilkes, City Attomey, 410 E. Washington St., Iowa City, IA 52240, 356-5030 RESOLUTION NO. 16-71 RESOLUTION ACCEPTING THE DEDICATION OF PUBLIC RIGHT-OF-WAY AND A SANITARY SEWER AND UNDERGROUND UTILITY EASEMENT ASSOCIATED WITH THE DODGEICONKLIN DEVELOPMENT AND AUTHORIZING THE MAYOR TO SIGN AND THE CLERK TO ATTEST SAID EASEMENT AGREEMENTS WHEREAS, the 2.20 acre property at the corner of Dodge Street and Conklin Lane was conditionally rezoned for multi -family development (RM -12) in 2013 with conditions that included dedication of sufficient land along the entire property frontage to widen the Dodge Street Court right-of-way to 50 feet; and WHEREAS, it is also necessary for the Owner, Bilam Properties LLC f/k/a Kobdn Development Inc. f/k/a Southgate Development Company Inc. to install and grant an easement for utilities to the City of Iowa City and other public utilities and a sanitary sewer easement to the City; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The City does hereby accept the dedication of that property shown on the attached Acquisition Plat (Part of Auditors Parcel 2014088 ), as public right-of-way, as well as the dedication of a utility easement and a sanitary sewer easement, as shown on the attached Easement Plats, in a form of conveyance approved by the City Attorney's Office. 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 execution of said easement agreements, which the City Clerk is authorized to record at Owners expense. The City Clerk is further authorized to certify this resolution and record the same at Owners expense. Passed and approved this 23rd day of Ma 6. MAWR ' r ed by ATTEST:,291w CIT'i�tl-ERK City Attorney's Office CO OM [A� I7) Resolution No. 16-71 Page 2 It was moved by Botchway and seconded by Resolution be adopted, and upon roll call there were: Mims the AYES: NAYS: ABSENT: ABSTAIN: % Botehway % Cole % Dickens % Mims x Taylor % Thomas x Throgmorton 11) Prepared by and Retum to: C. Joseph Holland, 123 N. Linn St., Suite 300, Iowa City, IA 52245 (319)354-0331 SANITARY SEWER EASEMENT AGREEMENT THIS AGREEMENT, made and entered into by and between Bilam Properties LLC (Owner), which expression shall include its successors in interest and assigns, and the City of Iowa City, Iowa (the City), which expression shall include its successors in interest and assigns. WITNESSETH: It is hereby agreed as follows: For the sum of $1.00 plus other valuable consideration, the receipt of which is hereby acknowledged, Owner hereby grants and conveys to the City an easement for the purposes of excavating for and the installation, replacement, maintenance and use of such sewage lines, pipes, mains, and conduits as the City shall from time to time elect for conveying sewage, with all necessary appliances and fittings, for the use in connection with said pipe lines, together with adequate protection therefor, and also a right of way, with the right of ingress and egress thereto, as shown on Exhibit A attached hereto and described as: PART OF AUDITOR'S PARCEL 2014088 AS RECORDED IN BOOK 59, PAGE 241 PLAT RECORDS OF THE JOHNSON COUNTY, IOWA RECORDER AND LOCATED IN THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 2, TOWNSHIP 79 NORTH, RANGE 6 WEST OF THE 5TH PRINCIPAL MERIDIAN, IOWA CITY, JOHNSON COUNTY, IOWA DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE NORTHEAST QUARTER OF SAID SOUTHWEST QUARTER; THENCE S1°17'39"E 560.10 FEET ALONG THE WEST LINE OF THE NORTHEAST QUARTER OF SAID SOUTHWEST QUARTER; THENCE N88042'21"E 152.45 FEET TO THE POINT OF BEGINNING; THENCE N63°46926"E 83.73 FEET; THENCE N87056'44"E 95.55 FEET; THENCE S2003'16"E 20.00 FEET; THENCE S87056'44"W 91.28 FEET; THENCE S63049'26"W 60.51 FEET; THENCE S23005'10"E 69.04 FEET; THENCE S87056'44"W 21.43 FEET; THENCE N23005'10"W 80.30 FEET TO THE POINT OF BEGINNING. hereafter described as the "Easement Area." Owner further grants to the City: a- -1 1. The right of grading said Easement Area for the full width thereof, and to extend the cuts and fills for such grading into and onto said lands along and outside of the said Easement Area to such extent as the City may find reasonably necessary. 2. The right from time to time to trim, cut down and clear away any and all trees and brush on said Easement Area and also to trim, cut down and clear away any trees on either side of said Easement Area which now or hereafter in the opinion of the City may be a hazard to said Easement Area, or which may interfere with the exercise of the City's rights hereunder in any manner. 3. The 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 shall promptly backfill any trench made by it, and repair any damages caused by the City within the easement area. The City shall indemnify Owner against unreasonable loss or damage which may occur in the negligent exercise of the easement rights by the City. Except as expressly provided herein, the City shall have no responsibility for maintaining the Easement Area. Owner reserves the right to use said Easement Area for purposes which will not interfere with the City's full enjoyment of the rights hereby granted; provided that the Owner shall not erect or construct any building, fence, retaining wall or other structure, plant any trees, drill or operate any well, or construct any reservoir or other obstruction on said areas, or diminish or substantially add to the ground cover over said Easement Area. Any such improvements placed in the Easement Area, with or without City approval, may be removed by the City without compensation or replacement. Owner does hereby covenant with the City that it is lawfully seized and possessed of the real estate above described, and that it has a good and lawful right to convey it, or any thereof. Nothing in this Agreement shall be construed to impose a requirement on the City to install the original public improvement at issue herein. Nor shall Owner be deemed acting as the City's agent during the original construction and installation of said improvement. Parties agree that the obligation to install the public improvement(s) herein shall be in accordance with City specifications, and the obligation shall remain on Owner until completion and until acceptance by the City, as by law provided. The provisions hereof shall inure to the benefit of and bind the successors and assigns of the respective Parties hereto, and all covenants shall apply to and run with the land and with the title to the land. Dated as of this 23 day of March, 2016. I q7 OWNER: Bilam-PE-oiler M s LLC 11, Manager CITY: By: James ThrogmBy: James ortooI Mayor Approved by: City Attorney STATE OF IOWA ATTEST: Marian K. Karr•,Ieity Clerk )ss: JOHNSON COUNTY ) This instrument acknowledged before me this day of March, 2016, by Terry Sill, Manager of Bilam Properties LLC. od°''�a C. JOSEPH HO41mrs]ND Canmission Numb410Notary blit in and for said State My Commission Ow March 24, 20 STATE OF IOWA ) ss: JOHNSON COUNTY ) This instrument acknowledged before me this 23,` day of March, 2016, by James Throgmorton and Marian K. Karr, as the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa. Notary Public in and for said State W i(' wa � COM1Iy EXHIBIT "A" SANITARY SEWER EASEMENT PART OF AUDITOR'S PARCEL 2014088 IOWA CITY, JOHNSON COUNTY, IOWA N.W. CORNER / / .! N.E. 1 N. 1/4 I SEC. 2.. T79X"NP.C.C., R / FD. CUT "X' IN P. { 6 z FD. 5/8" IRON PIPE CY CO V �P 0N° A NO / R�� DF S °o. / ,x000 N I J WEST LINE \ / /lob q,p.1 �6A N.E. 1/4 -SW. 1/4 SQPQPG `.19�� FD. 1" IRON PIPE III R; I / I / i' Na•63� %/��/i, POINT OF BEGINNING S.W. CORNER S.E. 1/4-S.W. 1/4 SEC. 2, T79N, R6W FD. 5/8" REBAR W/YPC LEGAL DESCRIPTION: 152.45' i p926 563 60 y. S2'03'16"E 20.00' 87'56'44'E 95.55'-., %/ 1/ S87'56'44"W No 91.28' .p 17' m I o w IN �V t^ PUBLIC STREET EASEMENT DEDICATION o BOOK 195, PAGE 501 S8756'44"W 21.43' .-- CL a II-- NORTH DODGE COURT — _ _�-- WEST LINE SO� � G, S.E. 1/4—S.W. 1/4 6.�PQ`t 5O� I��rOFP�QO"vN 'A° `O RP PART OF AUDITOR'S PARCEL 2014088 AS RECORDED IN BOOK 59, PAGE 241 PLAT RECORDS OF THE JOHNSON COUNTY, IOWA RECORDER AND LOCATED IN THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 2, TOWNSHIP 79 NORTH, RANGE 6 WEST OF THE 5TH PRINCIPAL MERIDIAN, IOWA CITY, JOHNSON COUNTY, IOWA DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER OF SAID SOUTHWEST QUARTER; THENCE N1'17'39"W 2079.64 FEET ALONG THE WEST LINE OF THE SOUTHEAST QUARTER OF SAID SOUTHWEST QUARTER AND THE WEST LINE OF THE NORTHEAST QUARTER OF SAID SOUTHWEST QUARTER; THENCE N88'42'21"E 152.45 FEET TO THE POINT OF BEGINNING; THENCE N63'46926"E 83.73 FEET; THENCE N87'56'44"E 95.55 FEET; THENCE 52'03'16"E 20.00 FEET; THENCE 587'56'44"W 91.28 FEET; THENCE 563'49'26"W 60.51 FEET: THENCE S23'05'10"E 69.04 FEET; THENCE S87'56'44"W 21.43 FEET; THENCE N23'05'10"W 80.30 FEET TO THE POINT OF BEGINNING. SAID .PARCEL CONTAINS 4,804 SO.FT., 0.11 ACRES SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. SURVEY PREPARED FOR: BILAM PROPERTIES L.L.C. OWNER: BILAM PROPERTIES L.L.C. SURVEYOR: RYAN R. REMLING L.S. HALL & HALL ENGINEERS INC. 1860 BOYSON ROAD HIAWATHA, IOWA 52233 319-362-9548 SURVEY WORK PERFORMED: 8/8/14 0 30 60 90 120 GRAPHIC SCALE IN FEET SCALE: I"=60' SURVEY LEGEND • FD. 5/8" REBAR UNLESS NOTED A - SECTION CORNER FD. AS NOTED RECORDED AS ------------ EASEMENT LINE CENTERLINE 1/4-1/4 SECTION LINE EXISTING LOT LINE 1660 DOTSON ROAD, HWWAT NIOW =33 AF AF/ PHONE: (318)383.9fH6 FA%: (3181360-]595 CNIL ENGINEERING 0 LANDSCAPE ARCHITECTURE LMLO SURVEYING 0 LAND DEVELOPMENT PLANNING Designed by. BVDesigned by. BV/JgDrown by. RRRICheekedby.. RRRIChe<ked 9 ti 4 9 o m � N v A o °neer Ilue: EXHIBIT "A" o = o SANITARY SEWER EASEMENT 2 O o hi o N PART OF AUDITOR'S PARCEL 2014088 op -3 IOWA CITY, JOHNSON COUNTY, IOWA 1660 DOTSON ROAD, HWWAT NIOW =33 AF AF/ PHONE: (318)383.9fH6 FA%: (3181360-]595 CNIL ENGINEERING 0 LANDSCAPE ARCHITECTURE LMLO SURVEYING 0 LAND DEVELOPMENT PLANNING Designed by. BVDesigned by. BV/JgDrown by. RRRICheekedby.. RRRIChe<ked 9 ti 4 Prepared by and Retum to: C. Joseph Holland, Ste 300, 123 N Linn St, Iowa City, 1A 52245, (3 1 9) 3 54-033 1 UTILITY EASEMENT AGREEMENT Bilam Properties LLC ("Grantor")hereby grants to MidAmerican Energy, Centurylink Corporation, MediaCom Iowa, L.L.C., and the City of Iowa City, and their successors, ("Grantees") a perpetual easement upon, over, under, along and across the areas marked upon the attached Exhibit as "15 Foot Utility Easement" sometimes referred to herein as the Easement Area. Grantees shall have the right to install, lay, construct, reconstruct, renew, operate, maintain and remove conduits, cables, pipes, electric lines within the Easement Area below the surface of the ground, and other equipment or appurtenances above the surface of the ground as may be necessary for the purposes of serving the Subdivision and other property with electricity, gas, and communication service; the right to trim, cut down and remove such trees, brush, saplings and bushes as may interfere with the proper construction, maintenance, operation or removal of said facilities, equipment and appurtenances; and the right of ingress and egress for all of the purposes aforesaid. Grantees shall promptly backfill any trench made by them, and repair any damages caused by them within the Easement Area. Grantees shall indemnify Grantor against unreasonable loss or damage which may occur in the negligent exercise of the easement rights granted herein. Grantor, its successors in interest and assigns, reserve the right to use said Easement Area for purposes which will not interfere with the Grantee's full enjoyment of rights hereby granted; provided that Grantor shall not erect or construct any reservoir, fence, retaining wall or other obstruction on said areas, or diminish or substantially add to the ground cover over said Easement Area. No permanent dwellings or trees shall be placed on the areas so designated for Utility Easements, but with advance written authorization to the Grantee's Representatives the same may be used for gardens, shrubs, plantings, minor landscaping and other purposes that do not then or later interfere with the aforesaid uses or the rights herein granted, but such items placed in the Easement Area, with or without City approval, may be removed by the Grantees without compensation or replacement. Dated as of this 7th day of March, 2016. N1 GRANTOR: Bilamllfl s LLC By: Teary Sill, Manager CITY: By: umes Throgmorton,lf4ayor Approved by: City Attorney STATE OF IOWA ) )ss: JOHNSON COUNTY ) ATTEST: This instrument acknowledged before me this by Terry Sill, Manager of Bilam Properties LLC. arian K. Karr,.I.City Clerk COPOM [A[ —Vtl--day of March, 2016, W C. JOSEPH HOLLANDCommission Nmber 14101O�Z�l 22 My Commission Expims Notary Pub in an for said State March 24.2017 STATE OF IOWA )ss: JOHNSON COUNTY ) This instrument acknowledged before me this 2`��day of March, 2016, by James Throgmorton and Marian K. Karr, as the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa. �t.�re � 1ufEC� Notary Public in and for said State � KELLIE K. TUTTLE Comnllss;on Number221819 My Com Issio Expires 0w 0 PREPARED BY/RETURN TO: RYAN R. REMLING, L.S., HALL & HALL ENGINEERS, INC., 1860 BOYSON ROAD HIAWATHA, IOWA 52233 (319-362-9548 EXHIBIT A 15 FOOT UTILITY EASEMENT PART OF AUDITOR'S PARCEL 2014088 N.W. CORNER IOWA CITY, JOHNSON COUNTY, IOWA NBB'03'30"E 11P{ �FO. 55/B�REBAR SECE. 7 . T79N. 1/4 / / 63.23' J YPC'N0. 13287 - a.p SEC, 2, T79N, R6W FD. R.O.W. RAIL \pts � n n FD. CUT "%" IN P.C.C. 6 of of Gl —_ -- g 7 W Cr RD Q z Ir 3 Im x I� J{ P/ S° (N55'03'03"E 6.01') N55'03'O3"E 6.0� N,W. CORNER AUDITOR'S PARCEL 2014088 FD, 1/2" REBAR / W/YPC NO. 18769 WEST LINE AUDITOR'S _ PARCEL 2014088 RIGHT OF WAY FD. 1/2" REBAR W/YPC NO. 18769 IGH=OF WA= S.W. CORNER 3 S.E. 1/4-S.W. 1/4 to SEC. 2, T79N, R6W FD. 5/8" REBAR W/YPC i w I� LEGAL DESCRIPTION: Ir6\ o(Gil P FD. 5/8' IRON PIP V G BOO NORTHERLY LINE / AUDITOR'S PARCEL 2014088 i� P{ I / / i FD. 1/2" REBAR W/YPC N0. 18769 POINT OF BEGINNING / i i i 7F: ass5 FD. 1" IRON PIPE r4 s a m m Ico 15' �!6 A N i ! i� SURVEY WORK PERFORMED: 8/8/14 _� • �_ / ( FD. 5/8" REBAR _ ! YPC NO. 13287 io m nn S55'01'39"W 27.52' S88'03'30"W 35.72' of m N n lAIT J AUp1TOOK 5 pEPAUB 2A7.pg6HHH 80 EASTERLY LINE AUDITOR'S PARCEL 0 30 60 90 120 2014088 GRAPHIC SCALE IN FEET SCALE: I"=60' SOUTHERLY LINE w w AUDITOR'S PARCEL 2014088 SOUTHERLY LINEAUDITOR'S PAn m S11656 E PARCEL 2014088 r-' 51'17'39"E 70.93' I ut FA 15.00, !•s//' 386.07'-.� FD. 1/2" REBAR ^N87'56'44"g - - - - - Y� W/YPC N0. 18769 CL z z �/////i/jj/�//(401.07') 17 (rye7'56'44"E)RIG T F WAY j S87'56 44"W ♦— 324.3 1')(587'S6'44'Wl34.3587'5644"W NORTH DODGE COURT N 1(N2'03'16"W 10.00') (587'56'44"W) (81,61')ui N2'03'16"W 10.00' S87'56'44"W 81.61'FD. 1/2" REBAR C RIGHT OF WAYRIGHT OF WAYW/YPC NO. 18769— TACID 6. I (51lA JOWA UGv AS1' BS SUBD1g01011 I lAT 1 CV1I 10Ct f SUp$D V1p E 1 RA C1�Y'1AT 3 PUBLIC STREET EASEMENT DEDICATION i rcl Ne Y, O85 PAGE 1 Ag9A 8 CtCCOR BOOL. 3R' I I BOOK 195, PAGE 501 lAT 5 OWNER: SURVEYOR: PART OF AUDITOR'S PARCEL 2014088 AS RECORDED IN BOOK 59, PAGE 241 IN THE OFFICE OF THE JOHNSON COUNTY, IOWA RECORDER AND LOCATED IN THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 2, TOWNSHIP 79 NORTH, RANGE 6 WEST OF THE 5TH PRINCIPAL MERIDIAN, IOWA CITY, JOHNSON COUNTY, IOWA DESCRIBED AS FOLLOWS: BILAM PROPERTIES L.L.C. SURVEY PREPARED FOR: BILAM PROPERTIES L.L.C. RYAN R. REMLING L.S. HALL & HALL ENGINEERS INC. 1860 BOYSON ROAD HIAWATHA, IOWA 52233 319-362-9548 COMMENCING AT THE NORTHWEST CORNER OF SAID AUDITOR'S PARCEL 2014088; THENCE N55'03'03"E 6.01 FEET ALONG THE NORTHERLY LINE OF SAID AUDITOR'S PARCEL 2014088 AND THE SOUTHERLY RIGHT OF WAY OF SURVEY LEGEND DODGE STREET TO THE POINT OF BEGINNING; THENCE CONTINUING N55'03'03"E 389.94 FEET ALONG SAID NORTHERLY LINE AND SAID SOUTHERLY RIGHT OF YPC YELLOW PLASTIC CAP WAY; THENCE N88'03'30"E 63.23 FEET ALONG SAID NORTHERLY LINE AND • SOUTHERLY RIGHT OF WAY; THENCE 555'01'39"W 27.52 FEET; THENCE FOUND 5/8" REBAR UNLESS NOTED OTHERWISE S88'03'30"W 35.72 FEET; THENCE S55'03'03"W 377.46 FEET; THENCE . SECTION S1'17'39"E 70.93 FEET; THENCE N87'56'44"E 386.07 FEET TO THE EASTERLY CORNER FOUND AS NOTED LINE OF SAID AUDITOR'S PARCEL 2014088; THENCE S7'16'56"E 15.00 FEET TO ( RECORDED AS THE NORTHERLY RIGHT OF WAY OF NORTH DODGE COURT; THENCE ----------------- EASEMENT LINE S87'56'44"W 401.07 FEET ALONG SAID NORTHERLY RIGHT OF WAY TO THE PLAT OR SURVEY BOUNDARY EASTERLY RIGHT OF WAY OF CONKLIN LANE; THENCE N1'17'39"W 94.16 FEET ALONG SAID EASTERLY RIGHT OF WAY TO THE POINT OF BEGINNING. — CENTERLINE - - - - 1/4-1/4 SECTION LINE SAID PARCEL CONTAINS 0.31 ACRES SUBJECT TO EASEMENTS AND — RESTRICTIONS OF RECORD. — EXISTING LOT LINE v N 0 In 8 o sheet title: EXHIBIT A HALL & HALL ENGINEERS, INC. o' N `m' = ;� m 0 4 i0 N R � 15 FOOT UTILITY EASEMENT S.nrs';r ±., ✓: ^eve:�F.cve:r ^:.,....;4 C 0 I� 0 N 0 \ 1860 BOYSON ROAD. HIAWATHA IOWA 5223` PHONE: (319)3629548 FA)C(319)362.759$ O N PART OF AUDITOR'S PARCEL 2014088 CIVIL ENGINEERING s LANDSCAPEARCHITECTURE O f G IOWA CITY, JOHNSON COUNTY, IOWA LAND SURVEYING GLAND DEVELOPMENT PLANNING wxw.AaBeng.mm Designed by.RRR Drawn by,RRR Checked by. Plotted : Dec 15, 2015 - 2:43pm Plotted By : STgrF aP y Warranty Deed y7 (Corporate/Business Entity Grantor) • THE IOWA STATE BAR ASSOCIATION 74,Official Form #335 'roc A"tto Recorder's Cover Sheet Preparer Information: (Name, address and phone number) C. Joseph Holland, 123 N. Linn St., Suite 300, Iowa City, IA 52245, Phone: (319) 354-0331 Taxpayer Information City of Iowa City 410 E. Washington St. Iowa City, IA 52240 Return Document To City of Iowa City 410 E. Washington St. Iowa City, IA 52240 Grantors: Bilam Properties LLC (Name and complete address) (Name and complete address) Grantees: City of Iowa City, Iowa Legal description: See Page 2 Document or instrument number of previously recorded documents: ® The Iowa State Bar Association 2005 IOWAOOCSO l 1l THE IOWA STATE BAR ASSOCIATION OlRcla� Corm No. 335 C. Joseph Holland FOR THE LEGAL EFFECT OF THE USE OF THIS FORM, CONSULT YOUR LAWYER STAjk P o Warranty Deed CO jD��UJ (Corporate/Business Entity Grantor) �' J 9 �S�CIAT�� For the consideration of One Dollar(s) and other valuable consideration, Bilam Properties LLC a(pt) limited liability company organized and existing under the laws of Iowa does hereby Convey to City of Iowa City, Iowa the following described real estate in Johnson County, Iowa: Part of Auditor's Parcel 2014088 as shown by the attached Acquisition Plat. This Deed is a conveyance to a municipal corporation without consideration for use of the property as a public street, and is exempt from transfer tax pursuant to Section 428A.2(6) of the Code of Iowa (2015). 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 sin- gular or plural number, according to the context. Dated: March , 2016 Bilam Properties LLC a(x) By Terry Sill, Manager By STATE OF IOWA COUNTY OF JOHNSON �7 This instrument was acknowledged before me on this day of March, 2016 by Tem Sill as Manager of Bilam Properties LLC DJ'4 C. JOSEPH HOLLAND Notary Public Commission Numbon er Expires My March 24 20711 oa Stats Bar Association 2005 335 WARRANTY DEED (CORPORATEIBUSINESS ENTITY DEED) ® 7h 1.—.S— 10EDOCS® Revised June 2005 PREPARED BY/RETURN TO: RYAN R. RENILING, L.S., HALL & HALL ENGINEERS, INC., 1860 BOYSON ROAD HIAWATHA, IOWA 52233 (319-362-9548 ACQUISITION PLAT PART OF AUDITOR'S PARCEL 2014088 IOWA CITY, JOHNSON COUNTY, IOWA —�1 N.W. CORNER / / FD. 5/8" REBAR / ^ ( `N.E. I .T79N, 1/4 YPC N0. 13287 / SEC. 2, T X"N, RP. FD. CUT 'X' IN P.C.C. / O ^ v H I 11 a gyp. Cr �P{ �P % q IT6\ / �\ � /``p�P P IRON PPE 0. Io I �/ _u Pj 9a )'oOF I / .- ' — `lb9' 1 — 1 / FD. R.O.W. RAIL I m m / nn I I I of m VI M IAT 3 NORTHERLY LINEHHH EASTERLY LINE N55503'03 E 6.01'1 �y�yA� / PARCEL A ppRCE� 224p66 AUDITOR'S PARCEL 30 60 G / —I ? FD. 1" IRON PIPE A00B 00 K 69. ppOE D GRAPHIC SCALE IN FEET 120 [,3 1 j :1/t, -C NO. 18769—� j 22--{ R.O.W. ESTABLISHED BOOK 3612. PAGES 951-956 a Ir z IV O U RIGHT OF WAY 'o' S.W. CORNER I3 S.E. 1/4-S.W. 1/4 SEC. 2, T79N, R6W F0. 5/8" REBAR W/IPC LEGAL DESCRIPTION: F I SCAM 1"=60' �m m e 0 0' PUBLIC STREETw w WEST LINE EASEMENT DEDICATION PUBLIC STREET n N AUDITOR'S BOOK 195, PAGE 501 EASEMENT DEDICATION PARCEL BOOK 195, PAGE 501 I r r 2014088 .m. (SI.16'56"E) s SOUTHERLY LINE SOUTHERLY LINE S1'16'56"E 25.00' PARCEL A PARCEL A n m r en 401.07', o — '— �N87-56'44E — ---- 1 -- r — — — - ------ --- — — — — ----- — 1 -------- ------ (324.31' - - ("(587'56'44'W�_ '— —o — 324.31— S87'56'44"W) (81.61') III 587'S6'44'W r,: NORTH DODGE COURT U 1(N2'o3'16'w 10.00') (S87.56'44'W 81.61' FD. 1/2" REBAR o RIGHT OF WAY N2.03'16"W 10.00' t-- ---• — / RIGHT OF WAY T �. 18769— POINTCOFOBEGINNWG r T 2 fi 6 WD o' 8. I a I TA ip'f5 IOWA 14 OF CIRY• IAT b IAT 5 `o I IAT 6S SUBS SIGN I APT 1 IVIS ION 'DIF S SU89 Vtp p E i9 A volt 3 & SAGO $pOIK R5 ppGE JAB RES31pB RIC0R08 COY, 3T, I SURVEY LEGEND PART OF AUDITOR'S PARCEL 2014088 AS RECORDED IN BOOK 59, PAGE 241 IN THE OFFICE OF THE JOHNSON COUNTY, IOWA RECORDER AND LOCATED IN THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 2, TOWNSHIP 79 NORTH, RANGE 6 WEST OF THE 5TH PRINCIPAL MERIDIAN, IOWA CITY, JOHNSON COUNTY, IOWA DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID AUDITOR'S PARCEL 2014088; THENCE N1'17'39"W 105.90 FEET ALONG THE EAST RIGHT OF WAY OF CONKLIN LANE AND THE WEST LINE OF SAID AUDITOR'S PARCEL 2014088 TO THE SOUTHERLY RIGHT OF WAY OF DODGE STREET; THENCE N55'03'03"E 6.01 FEET ALONG SAID SOUTHERLY RIGHT OF WAY AND THE NORTHERLY LINE OF SAID AUDITOR'S PARCEL 2014088; THENCE S1'17'39"E 94.16 FEET; THENCE N87'56'44"E 401.07 FEET TO THE EAST LINE OF SAID AUDITOR'S PARCEL 2014088; THENCE S7'16'56"E 25.00 FEET TO THE SOUTHERLY LINE OF SAID AUDITOR'S PARCEL 2014088; THENCE S87'56'44"W 81.61 FEET ALONG SAID SOUTHERLY LINE; THENCE N2'03'16"W 10.00 FEET ALONG SAID SOUTHERLY LINE; THENCE S87'56'44"W 324.31 FEET ALONG SAID SOUTHERLY LINE TO THE POINT OF BEGINNING SAID PARCEL CONTAINS 0,17 ACRES SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. SURVEY WORK PERFORMED: 8/8/14 SURVEY PREPARED FOR: BILAM PROPERTIES L.L.C. OWNER: BILAM PROPERTIES L.L.C. SURVEYOR. RYAN R. REMLING L.S. HALL & HALL ENGINEERS INC. 1860 BOYSON ROAD HIAWATHA, IOWA 52233 319-362-9548 YPC O • ----------------- YELLOW PLASTIC CAP SET 1/2" REBAR W/YELLOW PLASTIC CAP NO. 18769 FOUND 5/8" REBAR UNLESS NOTED OTHERWISE SECTION CORNER FOUND AS NOTED RECORDED AS EASEMENT LINE PLAT OR SURVEY BOUNDARY CENTERLINE 1/4-1/4 SECTION LINE EXISTING LOT LINE LAND S us;y.,'f• 9R:Y.A..N...R;S.G�:4K dwsofd Sflw Si / Date: /4// / �: REMUNG [a RYANR�9.ING, L.S. 18769 ��I1 IE7fi9 My Rcevs ewal date is Dmmber31, 011— s co # •i Pages or sheetvered by this seal: 7GWA PLA sS<!far c"I ) u) w � o Sheet Tithe: HALL & HALL ENGINEERS, INC. N a ACQUISITION PLAT , .'23 AE 186 A �% II t0 m N O rn \ k1 78fi9 BOVSON ROAD, HIAWATHA IOWA 52233 PHONE: (319) 362-9548 FAX: (319) 362-7595 C O O PART OF AUDITOR'S PARCEL 2014088 CIVIL ENGINEERING a LANDSCAPE ARCHITECTURE mm O G SURVEYING LAND NNIN n9 enedby. RRR Designed Draywnby. RRROPI-A Checked by. IOWA CITY, JOHNSON COUNTY, IOWA IIIIIIII 111111 llllilll IIIII IIIIIIIIII IIIII IIIII Illllll�llilll IIIlilllll�ll IIII Doc ID: 026250000011 Type: GEN Kind: ORDINANCE Recorded: 03/26/2036 at 03:29:24 PM Fee Amt: $57.00 Pape 1 of 13 Johnson County Iowa Kim Painter County Recorder BK5486 PG416-426 Y STATE OF IOWA ) ) SS JOHNSON COUNTY ) I r 1 r T 44 City of V4','4 N I, Manan K. Karr, City Clerk of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of Ordinance No. 16-4659 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 23'a day of March, 2016, is a true and correct copy, all as the same appears of record in my office. Dated at Iowa City, Iowa, this Z 4A' day of o -A Y'L-iti , 2016. Marian r Karr City Clerk \ord 410 EAST WASHINGTON STREET . IOWA CITY, IOWA 52240-1826 • (319) 356-5000 • FAX (319) 356-5009 l� Prepared by: Marti Wolf, Planning Intern, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5240 (REZ15-00023/SUB15-00031) SC ORDINANCE NO. 16-4659 LM AN ORDINANCE REZONING 9.33 ACRES OF PROPERTY FROM LOW DENSITY SINGLE FAMILY (RS -5) ZONE AND MEDIUM DENSITY SINGLE FAMILY (RS -8) ZONE TO PLANNED DEVELOPMENT OVERLAY (OPD -8) ZONE AND A SENSITIVE AREAS DEVELOPMENT PLAN FOR PINE GROVE LOCATED SOUTH OF LOWER WEST BRANCH ROAD BETWEEN SCOTT BOULEVARD AND HUMMINGBIRD LANE. (REZ15-00023/SUB15-00031) WHEREAS, the applicant, Steve Kohli, has requested a rezoning of property located south of Lower West Branch Road between Scott Boulevard and Hummingbird Lane from Low Density Single Family Residential (RS -5) (5.44 acres) and Medium Density Single Family Residential (RS -8)(3.89 acres) to a Planned Development Overlay (OPD -8) Zone and approval of a Sensitive Areas Development (OPD) Plan for Pine Grove, a 12 -lot residential subdivision with 10 single family lots and 44 multi -family dwellings. WHEREAS, the OPD zone is intended to encourage the preservation and best use of existing landscape features through development that is sensitive to the natural features of the surrounding area; and WHEREAS, the proposed OPD plan will allow the clustering of units so that woodlands and groves of trees may be preserved and incorporated into the design of the development; and WHEREAS, the mix of single family and multifamily development proposed with the OPD plan is consistent with the policies of the Comprehensive Plan; and WHEREAS, the Planning and Zoning Commission has reviewed the proposed rezoning and has recommended approval. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I APPROVAL. Property described below is hereby reclassified from its current zoning designation of RS -5 (5.44 acres) and RS -8 (3.89 acres) to a Planned Development Overlay (OPD -8) Zone and approval of a Sensitive Areas Development (OPD) Plan for Pine Grove attached and by reference made part of the this ordinance: BEGINNING AT THE SOUTHWEST CORNER OF AUDITOR'S PARCEL 2015003, IOWA CITY, JOHNSON COUNTY, IOWA, IN ACCORDANCE WITH THE PLAT THEREOF RECORDED IN PLAT BOOK 59, AT PAGE 312, IN THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE; THENCE S89°40'37"W, ALONG THE SOUTH LINE OF THE PLAT OF SURVEY, AS RECORDED IN PLAT BOOK 6, AT PAGE 31, IN SAID RECORDS, 667.54 FEET, TO ITS INTERSECTION WITH THE EAST RIGHT-OF-WAY LINE OF SCOTT BOULEVARD; THENCE NORTHWESTERLY, 85.61 FEET, ALONG SAID EAST RIGHT-OF-WAY LINE, AND AN ARC OF A 1587.02 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY, WHOSE 85.60 FOOT CHORD BEARS N01"46'06"W; THENCE N00'19'26"W, ALONG SAID EAST RIGHT-OF-WAY LINE, 517.04 FEET; THENCE N00°13'57"E, ALONG SAID EAST RIGHT-OF-WAY LINE, 116.21 FEET, TO ITS INTERSECTION WITH THE SOUTH RIGHT-OF-WAY LINE OF LOWER WEST BRANCH ROAD; THENCE SOUTHEASTERLY, 77.85 FEET, ALONG SAID SOUTH RIGHT-OF-WAY LINE, AND AN ARC OF A 167.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, WHOSE 77.15 FOOT CHORD BEARS 571"22'25"E; THENCE N31'58'52"E, 33.00 FEET, TO A POINT ON THE NORTH LINE OF SAID PLAT OF SURVEY; THENCE 558'01'08"E, ALONG SAID NORTH LINE, 260.04 FEET; THENCE S87'08'01"E, ALONG SAID NORTH LINE, 328.54 FEET, TO THE NORTHEAST CORNER THEREOF; THENCE 500'20'15"E, ALONG THE EAST LINE OF SAID PLAT OF SURVEY, 33.05 FEET, TO THE NORTHWEST CORNER OF SAID AUDITOR'S PARCEL 2015003; THENCE 521'42'52"E, ALONG THE NORTH LINE OF SAID AUDITOR'S PARCEL 2015003, A DISTANCE OF 41.41 FEET, TO THE NORTHEAST CORNER THEREOF; THENCE 500'19'54"E, ALONG SAID EAST LINE, 151.57 FEET, THENCE SOUTHEASTERLY, 189.82 FEET, ALONG SAID EAST LINE, AND AN ARC OF A 2525.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY, WHOSE 189.77 FOOT CHORD BEARS S02 -29'07"E; THENCE SO4-38'20"E, ALONG SAID EAST LINE, 99.92 FEET; THENCE SOUTHEASTERLY, 9.48 FEET, ALONG SAID EAST UNE, AND AN ARC OF A 125.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, WHOSE 9.48 FOOT CHORD BEARS S02'27'59"E; THENCE S00'17'38"E, ALONG SAID EAST LINE, 42.48 FEET, TO SAID POINT OF BEGINNING, CONTAINING 9.33 ACRES, MORE OR LESS, AND SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. SECTION II. ZONING MAP. The Building Inspector is hereby authorized and directed to change the zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval and publication of this ordinance by law. SECTION III. 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 1LV Ordinance No. 16-4659 Page 2 Ordinance ate 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 23rd day of March '2016. MA R: ATTEST: //f4� e. 9� CITY CLERK /pu . Approved by: City Attorney's Office .2 A7 Ordinance No. 16-4659 Page 3 It was moved by Mims and seconded by Botchway that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: ABSTAIN: x Botchway % Cole % Dickens % Mims x Taylor x Thomas x Throgmorton First Consideration 02/16/2016 Voteforpassage: AYES: Dickens, Mims, Taylor, Throgmorton, Botchway, Cole. NAYS: Thomas. ABSENT: None. Second Consideration 03/01/2016 Voteforpassage: AYES: Mims, Throgmorton, Botchway, Cole, Dickens. NAYS: Taylor, Thomas. ABSENT: None. Date published 03/31/2016 14 PRELIMINARY PLAT AND SENSITIVE AREAS DEVELOPMENT PLAN mM - PINE GROVE N IOWA CITY, IOWA pg�r a�rffnox m 1I I' prcu o aclox M S oaeo®u uos<wea uwantraa vimcu[m+ais oava�aertKartcuiais SENSRNE AREAS DEVELOPMENT PLAN PINE GROVE IO AVW ,MMINSON LOUNIY IVMR AMSCDNSNITAN MC. iS11-16 z 1 SITE GRADING AND SENSITIVE AREAS DEVELOPMENT PLAN PINE GROVE IOWA CITY, IOWA p1Y.M @'E pn,pM1.u]}]uW, p,YN®O ON ap ' Lrri®a.ae-� aLr'v�_�r ra_ PINE GROVE NT'/N pn .N�saxww�r owe MMS CONSULTANTS INC 12.11-15 M1erys'wos `,� LANDSCAPE AND SENSITIVE AREAS DEVELOPMENT PLAN PINE GROVE IOWA CITY, IOWA N.,aN PL6VT LiGGND LANDeCAP■ Roo. To �. T" TPi (m • UKP wF� P t4 LANDSCAPE AND SENSRNEAREAS DEOHOPLFNT PUN PINE GROVE �aN couNm .S CONWLU. INC 1b1115 to Y F . 4: F. tIJ �! ili 111 i1IIIIIIii;� _ � I a q t 1 Doc ID: 026252980041 Type: GEN Kind: SUBDIVISION Recorded: 03/31/2016 at 12:12:17 PM Fee Amt: $207.00 Page 1 of 41 Johnson County Iowa Ott Kim Painter County Recorder BK5487 PG712-752 CITY OF IOWA CITY 410 East Wasbington Street Iowa City. Iowa 52240-1826 (319)356-5000 STATE OF IOWA ) www. gov.or 09 FAX www.icgov.org ) SS JOHNSON COUNTY ) I, Marian K. Karr, City Clerk of Iowa City, Iowa, do hereby certify that the Resolution attached hereto is a true and correct copy of Resolution No. 16-32, which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 2nd day of February, 2016, all as the same appears of record in my office. Also attached are the final legal documents for Sandhill Estates, Part 4, Iowa City, Iowa. Dated at Iowa City, Iowa, this 610 day of 27 � , 2016. ' 41arr: i` (OPPORA1ESfAl 7 - 2(�JAl MarizmK. Karr City Clerk \res subdivision IS Prepared by: Sarah Walz, Associate Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5239 (SUB 15-00030) 3 RESOLUTION NO. 16-32 RESOLUTION APPROVING FINAL PLAT OF SANDHILL ESTATES PART 4, IOWA CITY, IOWA. WHEREAS, the owner, SG &M Properties, filed with the City Clerk the final plat of Sandhill Estates, Part 4, Iowa City, Iowa, Johnson County, Iowa; and WHEREAS, said subdivision is located on the following -described real estate in Iowa City, Johnson County, Iowa, to wit: A SUBDIVSION IN THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 22, AND IN THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 23, ALL IN TOWNSHIP 79 NORTH, RANGE 6, WEST OF THE 5TH PRINCIPAL MERIDIAN, IOWA CITY, JOHNSON COUNTY, IOWA DESCRIBED AS FOLLOWS: COMMENCING AT A CONCRETE MONUMENT AT THE SOUTHEAST CORNER OF SAID SECTION 22; THENCE S88°59'02"W ALONG THE SOUTH LINE OF SAID SECTION 22, A DISTANCE OF 36.66 FEET TO THE SOUTHEAST CORNER OF SANDHILL ESTATES PART 1 ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 47, AT PAGE 230 BEING ALSO ON THE NORTHERLY RIGHT-OF-WAY OF MCCOLLISTER BOULEVARD; THENCE N52" 10'51" W ALONG SAID NORTHERLY RIGHT-OF-WAY, A DISTANCE OF 258.80 FEET, THENCE N37°48'16"E ALONG THE EASTERLY LINE OF SANDHILL ESTATES PART 1, A DISTANCE OF 225.87 FEET; THENCE N52°00'44"W ALONG SAID EASTERLY LINE, A DISTANCE OF 28.42 FEET; THENCE N37°48'41"E ALONG SAID EASTERLY LINE, A DISTANCE OF 213.33 FEET FOR THE POINT OF BEGINNING; THENCE,N09" 15' 37"W ALONG SAID EASTERLY LINE, A DISTANCE OF 150.99 FEET; THENCE N08051' 06"W ALONG SAID EASTERLY LINE, A DISTANCE OF 121.23 FEET TO THE SOUTHERLY LINE OF OUTLOT M OF SAID SANDHILL ESTATES PART 1; THENCE N77" 49'54"E ALONG SAID SOUTHERLY LINE, A DISTANCE OF 107.57 FEET; THENCE S150 08'25"E ALONG SAID SOUTHERLY LINE, A DISTANCE OF 121.46 FEET TO A POINT ON A CURVE BEING THE NORTHERLY RIGHT OF WAY OF COVERED WAGON DRIVE; THENCE EASTERLY ALONG SAID NORTHERLY RIGHT OF WAY BEING A CURVE CONCAVE NORTHERLY HAVING A RADIUS OF 1116.98 FEET AND A CHORD BEARING OF N64°09'10"E, AN ARC LENGTH OF 417.47 FEET; THENCE S37" 54'49-E, A DISTANCE OF 190.51 FEET; THENCE N68°49' 48"E, A DISTANCE OF 60.22 FEET; THENCE SO4" 42' 19"E, A DISTANCE OF 71.50 FEET, THENCE S22" 58'28"E, A DISTANCE OF 68.09 FEET; THENCE S43" 53' 10"E, A DISTANCE OF 65.53 FEET; THENCE S160 37' 53"E, A DISTANCE OF 67.67 FEET; THENCE S26° 44' 05"E, A DISTANCE OF 169.19 FEET TO THE NORTHEAST CORNER OF LOT 101 OF SANDHILL ESTATES PART 3 ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 59, AT PAGE 51 ; THENCE S72" 59' 53"W ALONG THE NORTHERLY LINE OF SAID SANDHILL ESTATES PART 3, A DISTANCE OF 78.43 FEET; THENCE S88° 19' 25"W ALONG SAID NORTHERLY LINE, A DISTANCE OF 211.50 FEET TO A POINT ON A CURVE; THENCE SOUTHERLY ALONG SAID NORTHERLY LINE BEING A CURVE CONCAVE WESTERLY HAVING A RADIUS OF 1250.00 FEET AND A CHORD BEARING OF S05003'14"E, AN ARC LENGTH OF 38.63 FEET; THENCE S85" 39'31"W ALONG SAID NORTHERLY LINE, A DISTANCE OF 278.93 FEET TO A POINT ON A CURVE; THENCE NORTHWESTERLY ALONG SAID NORTHERLY LINE BEING A CURVE CONCAVE WESTERLY HAVING A RADIUS OF 830.00 FEET AND A CHORD BEARING OF N05-18' 53"W, AN ARC LENGTH OF 75.64 FEET; THENCE S810 36' 37"W ALONG SAID NORTHERLY LINE, A DISTANCE OF 112.43 FEET; THENCE N70" 30'25"W ALONG SAID is Resolution No. 16-32 Page 2 NORTHERLY LINE, A DISTANCE OF 46.68 FEET; THENCE N49a 36' 36"W ALONG SAID NORTHERLY LINE, A DISTANCE OF 57.33 FEET; THENCE N360 56'23"W ALONG SAID NORTHERLY LINE, A DISTANCE OF 65.00 FEET; THENCE NO2a 48' 54"E ALONG SAID NORTHERLY LINE, A DISTANCE OF 33.88 FEET; THENCE N080 48'13"W ALONG SAID NORTHERLY LINE, A DISTANCE OF 62.56 FEET TO THE POINT OF BEGINNING. SAID TRACT OF LAND CONTAINING 7.74 ACRES, MORE OR LESS, AND IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. WHEREAS, the Department of Neighborhood and Development Services and the Public Works Department examined the proposed final plat and subdivision, and recommended approval; and WHEREAS, a dedication has been made to the public, and the subdivision has been made with the free consent and in accordance with the desires of the owners and proprietors; and WHEREAS, said final plat and subdivision are found to conform with Chapter 354, Code of Iowa (2015) and all other state and local requirements. 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 reason. 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 2nd day of February , 2016 MA r R Approved by t ATTEST:wCITY-CLERK City Attorney's Office� pC4/templates/sANDHILL 4 Final Plat - Resolution (2).doc.4oc lG Resolution No. Page 3 It was moved by Botchway and seconded by Resolution be adopted, and upon roll call there were: AYES: NAYS: x X x x X x ABSENT: X ABSTAIN: Mims Botchway Cole Dickens Mims Taylor Thomas Throgmorton the 15 SUBDIVIDER'S AGREEMENT SANDHILL ESTATES - PART FOUR IOWA CITY, IOWA THIS AGREEMENT made by and between SG & M Properties, L.L.C., hereinafter called "Owner" or "Subdivider", and the City of Iowa City, Iowa, a municipal corporation hereinafter called the "City". IT IS HEREBY AGREED AS FOLLOWS: Section 1. Public Improvements. In consideration of the City approving the Final Plat of Sandhill Estates - Part Four, Iowa City, Iowa, hereinafter the "Subdivision", the Owner and the Subdivider agree as a covenant running with the land as follows: Subject to Section 6, the City shall not issue a Building Permit for any of the lots in the Subdivision unless and until water mains; sanitary sewers; storm sewers and drainageways; concrete street paving at least 28 feet in width on Wagon Wheel Drive, Armstrong Drive, and Sand Prairie Drive; concrete street paving at least 31 feet in width on Covered Wagon Drive; and sidewalk of at least eight feet (81) in width north and west of Covered Wagon Drive, along Outlot H and along Outlot M of Sandhill Estates Part 1; hereinafter collectively referred to as "Improvements", have been installed in the Subdivision as required by the City's Subdivision Ordinance, and until said Improvements have been accepted by the City, and subdivision erosion control measures have been installed as required by the City under its ordinances. Nothing in this Agreement shall be construed to impose a requirement on the City to install the original Improvements at issue herein. Nor shall the Owner and the Subdivider be deemed acting as the City's agent during the original construction and installation of said Improvements. The parties agree that the obligation to install the Improvements herein shall be in accordance with City specifications, and the obligation to install said Improvements shall remain with the Owner and the Subdivider until completion by the Subdivider, and until acceptance of the Improvements by the City, as provided by law. Section 2. Storm Water Management. A regional storm water detention facility has previously been installed and serves this Subdivision, and no further facilities are required for this Subdivision. The Owner is responsible to install storm sewers and drainage swales, as described above and in accordance with approved construction drawings. Section 3. Construction of Improvements. All Improvements described in Section 1 of this Agreement shall be 16 constructed and installed by the Owner and the Subdivider according to plans and specifications approved by the City Engineer of the City of Iowa City, who shall have the right to make occasional inspection of the work in progress. Such inspections shall not relieve or release the Subdivider from its responsibility to construct said Improvements in accordance with the approved plans and specifications. Further, said inspections shall not create a duty or warranty on the part of the City that the construction of said Improvements is in compliance with said plans and specifications. Section 4. Sidewalks. The Owner and the Subdivider, or its successor(s), shall install the sidewalk abutting each numbered lot in the Subdivision when each such lot is developed, prior to the issuance of an occupancy permit for the dwelling on the Lot. Sidewalks shall be five feet (5') in width, except on the north side of Covered Wagon Drive, where the width shall be eight feet (81), all according to the plans and specifications approved by the City Engineer for the City of Iowa City, Iowa. The sidewalks shall be installed in the Subdivision covered by this Agreement as required by the Iowa City Code of Ordinances, and shall remain a lien on each abutting platted lot until installed and released by the City, and the Release duly recorded in the Johnson County Recorder's office. Section 5. Neighborhood Open Space. Public Open Space requirements have been satisfied in the course of platting prior parts of Sandhill Estates and no further dedication of public open space or payments in lieu of dedication are due in connection with this Subdivision. Section 6. Building Permits and Escrow Monies. In the event the Owner and the Subdivider, its assigns or successors in interest should desire a building permit on any lot in the Subdivision before the Improvements have been installed, the Owner and the Subdivider, its assigns or successors in interest, shall deposit with the City Finance Department, in escrow, an amount equal to 110°% of the estimated cost of said Improvements as determined by the City Engineer (hereinafter "Improvements Escrow"). In addition to the Improvements Escrow, if Subdivision Erosion Control measures have not been installed, with ground cover established by growth, the City may require, as a condition to the 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 F IS 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 official of the City is authorized to issue a building permit if the application is in compliance with all other applicable requirements and ordinances of the City. Section 7. Occupancy Permit. Prior to the issuance of an occupancy permit for any structure erected pursuant to Section 6, the City, in its discretion, may require the Owner and the Subdivider, its assigns, or successors in interest, to construct and install the Improvements and sidewalks as required by this Agreement. Section 8. Use of Escrow Monies. 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 the Owner and the Subdivider any Improvements Escrow monies not used by the City for the construction and installation of such Improvements. Section 9. Waiver. If the Owner and the Subdivider sell or convey lots in said Subdivision without constructing or installing the Improvements; or the Owner and the Subdivider fail to construct sidewalks required in Section 4 hereof, the City shall have the right to install and construct said Improvements or sidewalks. Owner and Subdivider acknowledges and agrees that all lots in the Subdivision are specifically benefitted by the Improvements so that the cost of the 3 16 installation shall be a lien and charge against all of the lots in the Subdivision. The cost of Improvements need not meet the requirements of notice, benefit or value as provided by the law of the State of Iowa for assessing such improvements. The cost of installing the sidewalks shall be a lien and charge only against the lot or lots abutting or in front of which such sidewalks are to be installed. It is further provided that these requirements to construct the Improvements and sidewalks shall remain a lien against the lots in the Subdivision from the date of this Agreement until properly released, as hereinafter provided. Section 10. Release. The City agrees that, when the Improvements have been installed as required to the satisfaction of the City, the City will, upon request, promptly issue to the Owner and the Subdivider, for recording in the Office of the Johnson County Recorder, a good and sufficient release for the lots in the Subdivision so that this Agreement will not constitute a cloud upon the title of the lots in the Subdivision. Separate sidewalk lien releases shall be issued for individual lots when appropriate. The Mayor and City Clerk, with the concurrence of the City Attorney and City Engineer, are hereby authorized to execute the releases contemplated by this section. This section also authorizes the execution of one or more Limited Release Agreements, based on the use of escrows for Improvements as contemplated in Section 6 above, as may be acceptable to the City. Section 11. Street Maintenance and Public Services. Owner and Subdivider agree that public services, including but not limited to street maintenance, traffic control, snow removal, and solid waste collection, will not be extended to the Subdivision until the concrete streets are installed and accepted by the City. Section 12. Sanitary Sewer Tap -on Fee and Water Main Extension Fee. A. The City shall not issue a building permit for any lot in the Subdivision until such time as the Owner and the Subdivider has paid a sanitary sewer tap -on fee in the amount of $6,265.22 to the City pursuant to the City Code. B. The City shall not issue a building permit for any lot in the Subdivision until such time as the Owner and the Subdivider has paid a water main extension fee in the amount of $3,366.90 to the City pursuant to the City Code. Section 13. Miscellaneous. A. All electrical, telephone and cable television service and E 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 easement, alter lot boundaries or allow said land to be replatted subject to any applicable public notice and approval process required by law. C. The City agrees to reimburse the Subdivider or Owner, pursuant to Iowa City Ordinance 15-3-2(J), for the reasonable "oversize" costs associated with increasing (1)the paving width of the sidewalk on the north side of Covered Wagon Drive from five feet (5') to eight feet (8') and (2) the paving width of Covered Wagon Drive from 28' to 31'. D. The City acknowledges that, during its construction of Improvements as part of this Sandhill Estates - Part Four, the Subdivider or Owner will make use of certain "Temporary Grading and Construction Easements" granted by the City to the Subdivider or Owner as part of the City's approval of Sandhill Estates - Part One. Said easements will expire as set forth in the Agreement therefore. E. The Subdivider hereby agrees that Outlot H shall be transferred to the Homeowners' Association, that mailboxes shall be installed and maintained thereon, that the remainder of Outlot H shall be maintained as a private area with appropriate ground cover, and that the Homeowners' Association shall be responsible to maintain Outlot H. Section 14. Binding Effect. This agreement shall inure to the benefit and bind the successors and assigns of the respective parties hereto and shall be construed as a covenant running with the title to the lots within the Subdivision. Dated as of this Z day of February, 2016. 5 OWNER: SG & M Properties, L.L.C. by: Sout�ate ge/velopment Services, L.L.C., By: Terry , Manager CITY B Jim Throgmorton, MayorThrogmorton, Mayor Ap rovedwe* A A4 tie* City Attorney STATE OF IOWA ATTEST: l �/ Mar n K. Karr, City Clerk )ss: JOHNSON COUNTY ) This instrument acknowledged before me this J day of February, 2016, by Terry Sill, Manager of Southgate Development Services, L.L.C., Manager of SG & M Properties, L.L.C. o+tiyw C. JOSEPH HOLLAND COmmisatoe Number 141011 My Co mission Expires ow March 24N17 STATE OF IOWA ) )ss: JOHNSON COUNTY ) �ZkLa Notar Pu lic in and for the State of Iowa This instrument acknowledged before me this 2day of February, 2016, by Jim Throgmorton and Marian K. Karr, as the Mayor and City Clerk, respectively, of the City of Iowa/City, Iowa. ��/� KELLIE K. TUTTLE I�-- L'.,P/.� " ' ' �`-7�C'� s, I?f {`= Ccmricc:anNumber221819 Notary Public in and for the State of Iowa L49 Co miss on Expires Yli]Y!A u Prepared by and return to: Erek P Sittig, 123 N Linn St., Ste 300 Iowa City, 1A 52245 (319)-354-0331 DECLARATION OF RESTRICTIONS & COVENANTS SANDHILL ESTATES - PART FOUR IOWA CITY, IOWA This Declaration is made by SG & M Properties, L.L.C. ARTICLE I Recitals 1.01 Declarant is the owner of certain real estate in the County of Johnson, State of Iowa, described as Sandhill Estates - Part Four, Iowa City, Iowa, according to the recorded plat thereof recorded in Book 60 , page 118, Plat records of Johnson County, Iowa. 1.02 In order to establish a general plan for the improvement and development of the subdivision, Declarant desires to impose on certain lots within the subdivision, restrictions for the benefit of all present and future owners of the lots with the subdivision, and for the benefit of owners of future parts of Sandhill Estates. 1.03 Sandhill Estates takes its name from a prairie feature around which the Subdivision and subsequent parts of Sandhill Estates are being platted and developed. Living in proximity to a prairie has unique aspects. The presence of the prairie will likely encourage the presence of wildlife which might not be present in areas without this feature and residents need to be respectful of and careful of such wildlife. The Declarant and subsequent owners are bound by an agreement with the Iowa Department of Natural Resources to safely capture and relocate any ornate box turtles found upon the property. The prairie is not a park and will likely have only very limited recreational uses. The prairie is owned by the City of Iowa City and 1 16 subject to management and regulation by the City and not the Declarant nor the Association provided for herein. Management may include periodic burning of the prairie. ARTICLE II Definitions 2.01 "Building" shall mean and refer to any structure which is constructed on a lot within the Subdivision. 2.02 "Declarant" shall mean and refer to SG & M Properties, L.L.C., and its successors and assigns.' 2.03 "Lot" shall mean and refer to any numbered parcel of land shown and included within the Plat of Sandhill Estates - Part Four to Iowa City, Iowa. 2.04 "Owner" shall mean and refer to the record Owner whether one or more persons or entities, of a fee simple title to any lot, as defined in Section 2.03, including contract vendees, but excluding those having such interest merely as security for the performance of any obligation such as Mortgagees. 2.05 "Subdivision" shall mean and refer to Sandhill Estates - Part Four Iowa City, Iowa. 2.06 "Association" shall mean and refer to Sandhill Estates Owners Association. ARTICLE III Applicability 3.01 Declarant hereby declares that all Lots in the Subdivision are now held and shall be transferred, sold, leased, conveyed and occupied subject to the restrictions and covenants herein set forth which are for and shall inure to the benefit of and pass with each and every lot and apply to and bind the heirs, successors in interest and assigns of each and every Owner. 3.02 Each purchaser of any of the Lots covenants and agrees with Declarant, its successors in interest and assigns to use the Lots only in accordance with the restrictions herein set forth and to refrain from using the Lots in any way inconsistent with or prohibited by the provisions of this Declaration. 3.03 Every person who now or hereinafter owns or acquires any right, title or interest in or to any Lot is and shall be conclusively deemed to have consented and agreed to every covenant, condition and restriction contained herein, whether or not any reference to this Declaration is contained in the instrument by which such person 2 acquired an interest in said Lot 3.04 All restrictions contained herein shall operate as covenants running with the title to the Lots and shall inure to the benefit of all Lot Owners within the Subdivision, their heirs, successors and assigns. 3.05 These restrictive covenants shall not be binding upon any of the Lots in the Subdivision so long as said title thereto remains in the Declarant's name. ARTICLE IIIA ' OWNERS ASSOCIATION 3A.01 Private open space and common areas within the Subdivision, some shown as Outlots upon the Subdivision plat, and storm water management facilities located within all parts of Sandhill Estates, shall be owned and maintained by a non-profit membership corporation organized and existing under Chapter 504A, Code of Iowa (2015), as from time to time amended. Certain areas of City right of way may be maintained by the Association as green space, pursuant to the Subdivider's Agreement with the City of Iowa City. The name of the Association shall be Sandhill Estates Owners Association. Owners of Lots shall automatically become members of the Association upon taking title to a Lot in the Subdivision. 3A.02 All Owners of Lots in the Subdivision shall be bound by and comply with the provisions of the Articles of Incorporation and Bylaws of the Association and applicable provisions of other Association documents; and all agreements, regulations and determinations lawfully made by the Association and its directors, officers or agents shall be binding on all such owners and other persons. A failure to comply with the Bylaws or the provisions of the other Association documents or any agreement or determination thus lawfully made shall be grounds for an action to recover sums due for damages on the part of the Association or any Owner as applicable and any mandatory or other injunctive relief without waiving either remedy. 3A.03 Each Owner taking title to a Lot agrees that the Association has and shall exercise all powers, rights and authority granted unto it and such as are more particularly set forth in the Association documents, including but not limited to the making of assessments to carry out its functions, which shall be chargeable to owners and which shall be a lien on Lots. 3A.04 The members of the Association shall consist of all of the record Owners of Lots in Sandhill Estates. Membership in the Association shall be expanded to include owners of lots in subsequent parts of Sandhill Estates as those parts are final platted within the 3 i )h boundaries of the approved Preliminary Plat of Sandhill Estates Change of membership in the Association shall be established by recording in the public records of Johnson County, Iowa, a deed or other instrument establishing record title to a Lot in the Subdivision. The membership of the prior Owner shall be thereby terminated. The members of the Association shall be entitled to cast one vote for each Lot, irrespective of the number of Owners of the Lot. 3A.05 The share of a member in the funds and assets of the Association cannot be assigned, hypothecated or transferred in any manner except as an appurtenance to the Lot. 3A.06 The affairs of the Association shall be conducted by a Board of Directors who shall be designated in the manner provided in the By - Laws. 3A.07 If the Owner(s) of any Lot fail to pay assessments or fees when due, the Association shall have a lien against the Lot. This lien shall exist from the date the assessment or fee is imposed and no filing shall be necessary to evidence the lien. However, the Association shall have the right to file a notice of lien against a Lot in the public records of Johnson County. All Owners shall promptly discharge any lien which may hereafter be filed against their Lot. 3A.08 In the event the Association incurs attorney's fees or other expenses of collection of sums due from a Lot Owner(s), the Lot Owner(s) shall be liable for and pay those expenses. 3A.09 The Association shall not be liable for any injury or damage to property whatsoever unless caused by the gross negligence of the Association. No diminution or abatement of common expense assessments shall be claimed or allowed for inconvenience or discomfort arising from maintenance of the common areas, or from any action taken to comply with any law, ordinance or orders of a government authority. ARTICLE IV General Restrictions 4.01 All the Lots herein shall be used solely as residential Lots and no structure shall be constructed on any Lot other than one detached single family dwelling not to exceed two stories in height and having, at a minimum, a two car attached garage. 4.02 No trailer, basement, shack, garage, barn or other outbuilding on a Lot shall at any time be used as a residence, temporarily or permanently, nor shall any residence of a temporary nature be permitted. Any detached storage building must be located no closer to the 2 is front of the lot than the rear line of the dwelling on the lot and must be sided and shingled to match the house constructed upon the lot. The maximum size of any detached storage building is one story, 120 square feet, and there shall be no more than one per lot. Any such building shall comply with all applicable building and zoning codes. 4.03 No use will be made of any Lot, or any portion thereof, or any Building or structure thereon, which may be or become an annoyance or nuisance to the neighborhood. 4.04 Each Lot Owner shall at all times keep said Owner's Lot and the improvements thereon in a safe, clean, neat and sanitary condition. 4.05 No industry, business, trade or profession shall be conducted, maintained or permitted on any Lot which would cause an annoyance or nuisance to the neighbors or neighborhood or which would entail more than occasional clients or customers. 4.06 No animals, livestock or poultry of any kind shall be raised, bred or kept on any Lot, except that cats, dogs or other usual household pets may be kept, provided that they are not kept, bred or maintained for any commercial purpose. All pets must be managed by their owners so that they will not become a nuisance to the neighbors. Pets which continually make loud noises, damage flora of neighbors or attack other pets or persons shall be considered a nuisance. 4.07 The Owner of any Building damaged by fire or Act of God shall within ninety (90) days, unless an extension of time is obtained from the Declarant, commence restoration or removal of said Building and shall diligently pursue said restoration or removal to completion. 4.08 No clotheslines shall be constructed, placed or erected on any Lot. 4.09 Camping trailers, motor homes, boats, trailers, or snowmobiles shall not be allowed to be stored anywhere on the Lot unless the above equipment is stored in an attached garage. 4.10 No fence shall be constructed on any Lot in the Subdivision closer to the front of the property than the front wall of the house located upon the Lot. Fences shall not exceed the height allowed by City Ordinances without a building permit or exception, and shall be constructed of chain link, decorative steel or iron, painted or stained wooden fences, or vinyl. All fencing shall be installed and maintained in workmanlike fashion and shall be painted or stained, replaced, or repaired as needed to meet that standard. Any such fence shall comply with all applicable building and zoning codes. 4.11 Each Lot Owner agrees to be responsible for the installation of a sidewalk on said Owner's Lot in accordance with the Subdivider's I Agreement between the Declarant and the City of Iowa City, Iowa. 4.12 Each Owner of a Lot shall furnish to the Association a mailing address where notices may be sent to such Owner. ARTICLE V Architectural Control and Construction 5.01 No building, fence, wall or other structure shall be commenced, erected or maintained on any Lot, nor shall any exterior addition to any structure or change or alteration thereto, be made until an application for approval of the plans and specifications shall have been submitted to and approved by the Declarant or its nominee as hereinafter provided. 5.02 The application for approval shall include complete plans and specifications for the proposed construction. All yards of each lot shall be sodded at the time the house on the lot is completed. An Owner may seek from the Declarant an exception to sodding the rear yard of a lot due to size or an alternate landscaping or vegetation plan for the rear yard. Any exception must be in writing. The application shall also set forth a time schedule for the construction of such improvements, and in no event will an application be approved when the proposed construction will not be commenced within one (1) year from the date of the application. 5.03 Every Owner and contractor constructing improvements within the Subdivision shall be bound by an agreement between the Declarant and the Iowa Department of Natural Resources to safely capture and relocate any ornate box turtles found upon the property. The ornate box turtle is listed as an endangered species and subject to the protections accorded such species. If any Owner or contractor finds any ornate box turtles upon the property, they should be safely restrained and handled and the Iowa Department of Natural Resources notified. The Declarant should be promptly notified and will provide contact information to arrange for relocation of any such turtles found upon the property. 5.04 The Declarant or its nominee or assignee shall have absolute discretion to approve or disapprove the application within a period of thirty (30) days, and in the event of disapproval, shall specify the reasons therefore. 5.05 In the event any proposed construction is not commenced within one (1) year from the date said construction has been approved by the Declarant, said approval shall lapse and it shall be the responsibility of the Lot owner to reapply for approval prior to the commencement of construction. Once commenced, construction shall proceed in a reasonably diligent manner to completion; provided, however, that landscaping may be staged over a period not to exceed three (3) years )5 with the prior approval of the Declarant. 5.06 During construction, it shall be the responsibility of each Lot Owner to insure that construction sites are kept free of unsightly accumulations of rubbish and scrap materials and that construction materials are kept in a neat and orderly manner. 5.07 As part of the construction, each Lot Owner and said Owner's Builder or Contractor shall be responsible for erosion control both during construction and after such construction has been completed. All Lots shall be graded and maintained in such a manner as to minimize erosion, both at the time of construction, and'following completion of construction, so as to minimize damage which might result to other Lots as a result of erosion and surface water drainage. Each Lot Owner and said Owner's Builder or Contractor shall prepare and comply with a Storm Water Pollution Prevention Plan (SWPPP) if a SWPPP is required by statute or regulation, or any regulatory agency having jurisdiction over the Lot or Lots owned by Owner. In addition, in the event that a SWPPP for the subdivision or subdivisions in which the Lot or Lots are located remains in effect from prior to the Owner's acquisition of the Lot(s), Owner shall at all times comply with that preexisting SWPPP and shall obtain and maintain all required or appropriate documentation to demonstrate compliance. The Lot Owner shall indemnify and hold harmless the Declarant and Declarant's agents, employees, and contractors, from all fines, penalties, and damages caused by non-compliance by Owner or Owner's Builder or Contractor. At the time of transfer of the Lot(s) and the request of Declarant, Lot Owner(s) shall enter into a Lot Erosion Control Agreement prepared by Declarant. ARTICLE VI Enforcement 6.01 Violation or breach of any restrictions and covenants herein contained shall give to Declarant and every other Owner of property for whose benefit these restrictions and covenants are expressly made, the right to prosecute a proceeding at law or in equity against the person or persons who have violated or are attempting to violate any of these restrictions and covenants to enjoin or prevent them from doing so, to cause said violation to be remedied or to recover damages for said violation. 6.02 The result of every action or omission whereby any restriction or covenant herein contained is violated, in whole or in part, is hereby declared to be and to constitute a nuisance and every remedy allowed at law or in equity against any Owner, shall be applicable against every 7 such result and may be exercised by Declarant or by any Owner of a Lot for whose benefit these restrictions and covenants are made. 6.03 In any legal or equitable proceeding for the enforcement or to restrain the violation of this Declaration or any provision hereof, the prevailing party or parties shall be entitled to recover reasonable attorneys fees, in such amount as may be fixed by the Court in such proceedings. All remedies provided herein at law or in equity shall be cumulative and not exclusive. 6.04 The failure of Declarant or any other Owner to enforce any restrictions herein contained shall in no event be deemed to be a waiver of the right to do so thereafter nor of the right to enforce any other restriction or covenants. ARTICLE VII Duration 7.01 This Declaration, every provision hereof and every covenant and restriction contained herein shall continue in full force and effect for a period of twenty one (21) years from the date hereof unless otherwise specifically provided. These Restrictions and Covenants may be renewed by any Owner or the Association filing a claim as provided for in section 614.24 of the Code of Iowa (2015), as from time to time amended. ARTICLE VIII Validity 8.01 If any provision of this Declaration is held to be invalid by a court, the invalidity shall not affect the remaining provisions, which shall remain in full force and effect. ARTICLE IX Amendment 9.01 These Restrictions and Covenants may be amended by a vote of two- thirds of the Lot Owners, provided that so long as the Declarant holds title to any Lot within the Subdivision, no such Amendment shall be effective unless consented to by the Declarant. IN WITNESS WHEREOF, the undersigned has executed this Declaration on the � day of February, 2016. SG & M Properties, L.L.C. By: Southgate Development Services, L.L.C., Manager 0 15 STATE OF IOWA ) ) ss: JOHNSON COUNTY ) This instrument was February, 2016 by Terry Services, L.L.C., manager orf C. JOSEPH HOLLAND i Commission Number 141011 MY Commission ,res Ow March 24, 2011 acknowledged before me on day of Sill as Manager of Southgate Development of SG & M Properties, L.L.C. Notary lic in and for the State of Iowa E �y OF COUNTY AUDITOR APPROVAL OF SUBDIVISION NAME SANDHILL ESTATES - PART FOUR IOWA CITY, IOWA I, Travis Weipert, Johnson County Auditor, approve the name Sandhill Estates - Part Four for the subdivision of the property described as: A SUBDIVISION IN THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 22, AND IN THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 23, ALL IN TOWNSHIP 79 NORTH, RANGE 6, WEST OF THE 5T" PRINCIPAL MERIDIAN, IOWA CITY, JOHNSON COUNTY, IOWA DESCRIBED AS FOLLOWS: COMMENCING AT A CONCRETE MONUMENT AT THE SOUTHEAST CORNER OF SAID SECTION 22; THENCE S88°59'02"W ALONG THE SOUTH LINE OF SAID SECTION 22, A DISTANCE OF 36.66 FEET TO THE SOUTHEAST CORNER OF SANDHILL ESTATES PART 1 ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 47, AT PAGE 230 BEING ALSO ON THE NORTHERLY RIGHT-OF-WAY OF MCCOLLISTER BOULEVARD; THENCE N520 10' 51" W ALONG SAID NORTHERLY RIGHT-OF-WAY , A DISTANCE OF 258.80 FEET, THENCE N37048'16"E ALONG THE EASTERLY LINE OF SANDHILL ESTATES PART 1, A DISTANCE OF 225.87 FEET; THENCE N52000'44"W ALONG SAID EASTERLY LINE, A DISTANCE OF 28.42 FEET; THENCE N37048'41"E ALONG SAID EASTERLY LINE, A DISTANCE OF 213.33 FEET FOR THE POINT OF BEGINNING; THENCE N090 15' 37"W ALONG SAID EASTERLY LINE, A DISTANCE OF 150.99 FEET; THENCE N08051' 06"W ALONG SAID EASTERLY LINE , A DISTANCE OF 121.23 FEET TO THE SOUTHERLY LINE OF OUTLOT M OF SAID SANDHILL ESTATES PART 1; THENCE N770 49' 54"E ALONG SAID SOUTHERLY LINE, A DISTANCE OF 107.57 FEET; THENCE S150 08' 25"E ALONG SAID SOUTHERLY LINE, A DISTANCE OF 121.46 FEET TO A POINT ON A CURVE BEING THE NORTHERLY RIGHT OF WAY OF COVERED WAGON DRIVE; THENCE EASTERLY ALONG SAID NORTHERLY RIGHT OF WAY BEING A CURVE CONCAVE NORTHERLY HAVING A RADIUS OF 1116.98 FEET AND A CHORD BEARING OF N64009'10"E, AN ARC LENGTH OF 417.47 FEET; THENCE S37° 54' 49"E, A DISTANCE OF 190.51 FEET; THENCE N68049' 48"E, A DISTANCE OF 60.22 FEET; THENCE S040 42' 19"E, A DISTANCE OF 71.50 FEET, THENCE 5220 58' 28"E, A DISTANCE OF 68.09 FEET; THENCE 5430 53' 10"E, A DISTANCE OF 65.53 FEET; THENCE S160 37' 53"E, A DISTANCE OF 67.67 FEET; THENCE S260 44' 05"E, A DISTANCE OF 169.19 FEET TO THE NORTHEAST CORNER OF LOT 101 OF SANDHILL ESTATES PART 3 ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 59, AT PAGE 51 ; THENCE S720 59' 53"W ALONG THE NORTHERLY LINE OF SAID SANDHILL ESTATES PART 3, A DISTANCE OF 78.43 FEET; THENCE S880 19' 25"W ALONG SAID NORTHERLY LINE, A DISTANCE OF 211.50 FEET TO A POINT ON A CURVE; THENCE SOUTHERLY ALONG SAID NORTHERLY LINE BEING A CURVE CONCAVE WESTERLY HAVING A RADIUS OF 1250.00 FEET AND A CHORD BEARING OF S05003'14"E, AN ARC LENGTH OF 38.63 FEET; THENCE S850 39' 31"W ALONG SAID NORTHERLY LINE, A DISTANCE OF 278.93 FEET TO A POINT ON A CURVE; THENCE NORTHWESTERLY ALONG SAID NORTHERLY LINE BEING A CURVE CONCAVE WESTERLY HAVING A RADIUS OF 830.00 FEET AND A CHORD BEARING OF N050 18' 53"W, AN ARC LENGTH OF 75.64 FEET; THENCE S810 36' 37"W ALONG SAID NORTHERLY LINE, A DISTANCE OF 112.43 FEET; THENCE N700 30' 25"W ALONG SAID NORTHERLY LINE, A DISTANCE OF 46.68 FEET; THENCE N490 36' 36"W ALONG SAID NORTHERLY LINE, A 16 DISTANCE OF 57.33 FEET; THENCE N360 56' 23"W ALONG SAID NORTHERLY LINE, A DISTANCE OF 65.00 FEET; THENCE N020 48' 54"E ALONG SAID NORTHERLY LINE, A DISTANCE OF 33.68 FEET; THENCE N080 4B' 13"W ALONG SAID NORTHERLY LINE, A DISTANCE OF 62.56 FEET TO THE POINT OF BEGINNING. SAID TRACT OF LAND CONTAINING 7.74 ACRES, MORE OR LESS, AND IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. Dated as of this 2 day of February, 2016. Travis Weipert County Auditor by: Depul r � ; MORTGAGEE CONSENT TO SUBDIVISION SANDHILL ESTATES - PART 4 IOWA CITY, IOWA MidWestOne Bank, formerly known as Iowa State Bank & Trust Company, holds mortgages recorded July 30, 2001, at Book 3102, Page 667, and August 24, 2004, at Book 3786, Page 761 in the records of the Recorder of Johnson County encumbering the property described below included within Sandhill Estates - Part 4: A SUBDIVISION IN THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 22, AND IN THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 23, ALL IN TOWNSHIP 79 NORTH, RANGE 6, WEST OF THE 5TH PRINCIPAL MERIDIAN, IOWA CITY, JOHNSON COUNTY, IOWA DESCRIBED AS FOLLOWS: COMMENCING AT A CONCRETE MONUMENT AT THE SOUTHEAST CORNER OF SAID SECTION 22; THENCE S88059102"W ALONG THE SOUTH LINE OF SAID SECTION 22, A DISTANCE OF 36.66 FEET TO THE SOUTHEAST CORNER OF SANDHILL ESTATES PART 1 ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 47, AT PAGE 230 BEING ALSO ON THE NORTHERLY RIGHT-OF-WAY OF MCCOLLISTER BOULEVARD; THENCE N520 10' 51" W ALONG SAID NORTHERLY RIGHT-OF-WAY , A DISTANCE OF 258.60 FEET, THENCE N37048'16"E ALONG THE EASTERLY LINE OF SANDHILL ESTATES PART 1, A DISTANCE OF 225.87 FEET; THENCE N52000'44"W ALONG SAID EASTERLY LINE, A DISTANCE OF 28.42 FEET; THENCE N37°48'41. "E ALONG SAID EASTERLY LINE, A DISTANCE OF 213.33 FEET FOR THE POINT OF BEGINNING; THENCE N090 15' 37"W ALONG SAID EASTERLY LINE, A DISTANCE OF 150.99 FEET; THENCE N08051' 06'W ALONG SAID EASTERLY LINE , A DISTANCE OF 121.23 FEET TO THE SOUTHERLY LINE OF OUTLOT M OF SAID SANDHILL ESTATES PART 1; THENCE N770 49' 54'E ALONG SAID SOUTHERLY LINE, A DISTANCE OF 107.57 FEET; THENCE S150 08' 25"E ALONG SAID SOUTHERLY LINE, A DISTANCE OF 121.46 FEET TO A POINT ON A CURVE BEING THE NORTHERLY RIGHT OF WAY OF COVERED WAGON DRIVE; THENCE EASTERLY ALONG SAID NORTHERLY RIGHT OF WAY BEING A CURVE CONCAVE NORTHERLY HAVING A RADIUS OF 1116.98 FEET AND A CHORD BEARING OF N64009110"E, AN ARC LENGTH OF 417.47 FEET; THENCE S37° 54' 49"E, A DISTANCE OF 190.51 FEET; THENCE N68049' 48"E, A DISTANCE OF 60.22 FEET; THENCE S040 42' 19"E, A DISTANCE OF 71.50 FEET, THENCE S220 58' 28"E, A DISTANCE OF 68.09 FEET; THENCE S430 53' 10"E, A DISTANCE OF 65.53 FEET; THENCE S160 37' 53"E, A DISTANCE OF 67.67 FEET; THENCE S260 44' 05"E, A DISTANCE OF 169.19 FEET TO THE NORTHEAST CORNER OF LOT 101 OF SANDHILL ESTATES PART 3 ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 59, AT PAGE 51 ; THENCE S720 59' 53"W ALONG THE NORTHERLY LINE OF SAID SANDHILL ESTATES PART 3, A DISTANCE OF 78.43 FEET; THENCE S880 19' 25"W ALONG SAID NORTHERLY LINE, A DISTANCE OF 211.50 FEET TO A POINT ON A CURVE; THENCE SOUTHERLY ALONG SAID NORTHERLY LINE BEING A CURVE CONCAVE I WESTERLY HAVING A RADIUS OF 1250.00 FEET AND A CHORD BEARING OF S05003114"E, AN ARC LENGTH OF 38.63 FEET; THENCE S850 39' 31"W ALONG SAID NORTHERLY LINE, A DISTANCE OF 278.93 FEET TO A POINT ON A CURVE; THENCE NORTHWESTERLY ALONG SAID NORTHERLY LINE BEING A CURVE CONCAVE WESTERLY HAVING A RADIUS OF 830.00 FEET AND A CHORD BEARING OF N050 18' 53"W, AN ARC LENGTH OF 75.64 FEET; THENCE S810 36' 37"W ALONG SAID NORTHERLY LINE, A DISTANCE OF 112.43 FEET; THENCE N700 30' 25"W ALONG SAID NORTHERLY LINE, A DISTANCE OF 46.68 FEET; THENCE N490 36' 36"W ALONG SAID NORTHERLY LINE, A DISTANCE OF 57.33 FEET; THENCE N36° 56' 23"W ALONG SAID NORTHERLY LINE, A DISTANCE OF 65.00 FEET; THENCE N020 48' 54"E ALONG SAID NORTHERLY LINE, A DISTANCE OF 33.88 FEET; THENCE N080 48' 13"W ALONG SAID NORTHERLY LINE, A DISTANCE OF 62.56 FEET TO THE POINT OF BEGINNING. SAID TRACT OF LAND CONTAINING 7.74 ACRES, MORE OR LESS, AND IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. MidWestOne Bank consents to the subdivision of the above-described property into Sandhill Estates - Part 4 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 4 day of February, 2016. MidWestone Bank STATE OF IOWA , Vice President ) ss: Johnson COUNTY ) This instrument was acknowledged before me on the 1151— day of February, 2016, by Jerry L. Vanni, as Vice Pres-i7lddeennt, MidWestOne Bank. bl �/lL9 U Nota y Pub is 'n and for the State of Iowa ,M !MMJUDY Y. MUWOT MSSIONY0 TH COMM. EXP. !-IQI-l9 Ih OWNER'S CERTIFICATE SANDHILL ESTATES - PART FOUR IOWA CITY, IOWA SG & M Properties, L.L.C., requests approval of the subdivision known as Sandhill Estates - Part Four as shown on the final plat thereof with which this document is recorded, which is a subdivision of: A SUBDIVISION IN THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 22, AND IN THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 23, ALL IN TOWNSHIP 79 NORTH, RANGE 6, WEST OF THE 5T" PRINCIPAL MERIDIAN, IOWA CITY, JOHNSON COUNTY, IOWA DESCRIBED AS FOLLOWS: COMMENCING AT A CONCRETE MONUMENT AT THE SOUTHEAST CORNER OF SAID SECTION 22; THENCE S88059'02"W ALONG THE SOUTH LINE OF SAID SECTION 22, A DISTANCE OF 36.66 FEET TO THE SOUTHEAST CORNER OF SANDHILL ESTATES PART 1 ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 47, AT PAGE 230 BEING ALSO ON THE NORTHERLY RIGHT-OF-WAY OF MCCOLLISTER BOULEVARD; THENCE N520 10' 51" W ALONG SAID NORTHERLY RIGHT-OF-WAY , A DISTANCE OF 258.80 FEET, THENCE N37048'16"E ALONG THE EASTERLY LINE OF SANDHILL ESTATES PART 1, A DISTANCE OF 225.87 FEET; THENCE N52000144"W ALONG SAID EASTERLY LINE, A DISTANCE OF 28.42 FEET; THENCE N37048'41"E ALONG SAID EASTERLY LINE, A DISTANCE OF 213.33 FEET FOR THE POINT OF BEGINNING; THENCE N090 15' 37"W ALONG SAID EASTERLY LINE, A DISTANCE OF 150.99 FEET; THENCE N08051' 06"W ALONG SAID EASTERLY LINE , A DISTANCE OF 121.23 FEET TO THE SOUTHERLY LINE OF OUTLOT M OF SAID SANDHILL ESTATES PART 1; THENCE N770 49' 54"E ALONG SAID SOUTHERLY LINE, A DISTANCE OF 107.57 FEET; THENCE S150 08' 25"E ALONG SAID SOUTHERLY LINE, A DISTANCE OF 121.46 FEET TO A POINT ON A CURVE BEING THE NORTHERLY RIGHT OF WAY OF COVERED WAGON DRIVE; THENCE EASTERLY ALONG SAID NORTHERLY RIGHT OF WAY BEING A CURVE CONCAVE NORTHERLY HAVING A RADIUS OF 1116.98 FEET AND A CHORD BEARING OF N64009'10"E, AN ARC LENGTH OF 417.47 FEET; THENCE S370 54' 49"E, A DISTANCE OF 190.51 FEET; THENCE N68049' 48"E, A DISTANCE OF 60.22 FEET; THENCE S040 42' 19"E, A DISTANCE OF 71.50 FEET, THENCE S220 58' 28"E, A DISTANCE OF 68.09 FEET; THENCE 5430 53' 10"E, A DISTANCE OF 65.53 FEET; THENCE S160 37' 53"E, A DISTANCE OF 67.67 FEET; THENCE S260 44' 05"E, A DISTANCE OF 169.19 FEET TO THE NORTHEAST CORNER OF LOT 101 OF SANDHILL ESTATES PART 3 ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 59, AT PAGE 51 ; THENCE S720 59' 53"W ALONG THE NORTHERLY LINE OF SAID SANDHILL ESTATES PART 3, A DISTANCE OF 78.43 FEET; THENCE S880 19' 25"W ALONG SAID NORTHERLY LINE, A DISTANCE OF 211.50 FEET TO A POINT ON A CURVE; THENCE SOUTHERLY ALONG SAID NORTHERLY LINE BEING A CURVE CONCAVE WESTERLY HAVING A RADIUS i �h OF 1250.00 FEET AND A CHORD BEARING OF S05003'14"E, AN ARC LENGTH OF 38.63 FEET; THENCE 5850 39' 31"W ALONG SAID NORTHERLY LINE, A DISTANCE OF 278.93 FEET TO A POINT ON A CURVE; THENCE NORTHWESTERLY ALONG SAID NORTHERLY LINE BEING A CURVE CONCAVE WESTERLY HAVING A RADIUS OF 83.0.00 FEET AND A CHORD BEARING OF N050 18' 53"W, AN ARC LENGTH OF 75.64 FEET; THENCE S810 36' 37"W ALONG SAID NORTHERLY LINE, A DISTANCE OF 112.43 FEET; THENCE N700 30' 25"W ALONG SAID NORTHERLY LINE, A DISTANCE OF 46.68 FEET; THENCE N490 36' 36"W ALONG SAID NORTHERLY LINE, A DISTANCE OF 57.33 FEET; THENCE N360 56' 23"W ALONG SAID NORTHERLY LINE, A DISTANCE OF 65.00 FEET; THENCE N020 48' 54"E ALONG SAID NORTHERLY LINE, A DISTANCE OF 33.88 FEET; THENCE N080 48' 13"W ALONG SAID NORTHERLY LINE, A DISTANCE OF 62.56 FEET TO THE POINT OF BEGINNING. SAID TRACT OF LAND CONTAINING 7.74 ACRES, MORE OR LESS, AND IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. The undersigned further states that subdivision is made with the free consent and in accordance with the desire of the undersigned, owner of the land included within the subdivision. The streets and easements within the boundaries of the subdivision are hereby dedicated to the public as provided for by Section 354.19 of the Code of Iowa (2013). Dated as of this day of February, 2016. SG & M Properties, L.L.C. By: Southgate evelment Services, L.L.C., Manager M Terry Sill,(Manager STATE OF IOWA )ss: JOHNSON COUNTY ) This instrument was acknowledged before me on this day of February, 2016 by Terry Sill, Manager of Southgate Development Services, L.L.C., Manager of SG & M Prop ties, L.C. Notary Pub is in and for said State REM LANDr 141011x fres7 ATTORNEY'S TITLE OPINION SANDHILL ESTATES - PART 4 IOWA CITY, IOWA A SUBDIVISION IN THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 22, AND IN THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 23, ALL IN TOWNSHIP 79 NORTH, RANGE 6, WEST OF THE 5T" PRINCIPAL MERIDIAN, IOWA CITY, JOHNSON COUNTY, IOWA DESCRIBED AS FOLLOWS: COMMENCING AT A CONCRETE MONUMENT AT THE SOUTHEAST CORNER OF SAID SECTION 22; THENCE S88059'02"W ALONG THE SOUTH LINE OF SAID SECTION 22, A DISTANCE OF 36.66 FEET TO THE SOUTHEAST CORNER OF SANDHILL ESTATES PART 1 ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 47, AT PAGE 230 BEING ALSO ON THE NORTHERLY RIGHT-OF-WAY OF MCCOLLISTER BOULEVARD; THENCE N520 10' 51" W ALONG SAID NORTHERLY RIGHT-OF-WAY , A DISTANCE OF 258.80 FEET, THENCE N37048'16"E ALONG THE EASTERLY LINE OF SANDHILL ESTATES PART 1, A DISTANCE OF 225.87 FEET; THENCE N52000'44"W ALONG SAID EASTERLY LINE, A DISTANCE OF 28.42 FEET; THENCE N37°48'41"E ALONG SAID EASTERLY LINE, A DISTANCE OF 213.33 FEET FOR THE POINT OF BEGINNING; THENCE N090 15' 37"W ALONG SAID EASTERLY LINE, A DISTANCE OF 150.99 FEET; THENCE N08°51' 06"W ALONG SAID EASTERLY LINE , A DISTANCE OF 121.23 FEET TO THE SOUTHERLY LINE OF OUTLOT M OF SAID SANDHILL ESTATES PART 1; THENCE N770 49' 54"E ALONG SAID SOUTHERLY LINE, A DISTANCE OF 107.57 FEET; THENCE 5150 08' 25"E ALONG SAID SOUTHERLY LINE, A DISTANCE OF 121.46 FEET TO A POINT ON A CURVE BEING THE NORTHERLY RIGHT OF WAY OF COVERED WAGON DRIVE; THENCE EASTERLY ALONG SAID NORTHERLY RIGHT OF WAY BEING A CURVE CONCAVE NORTHERLY HAVING A RADIUS OF 1116.98 FEET AND A CHORD BEARING OF N64009'10"E, AN ARC LENGTH OF 417.47 FEET; THENCE S370 54' 49"E, A DISTANCE OF 190.51 FEET; THENCE N68049' 48"E, A DISTANCE OF 60.22 FEET; THENCE S040 42' 19"E, A DISTANCE OF 71.50 FEET, THENCE S220 58' 28"E, A DISTANCE OF 68.09 FEET; THENCE S430 53' 10"E, A DISTANCE OF 65.53 FEET; THENCE S160 37' 53"E, A DISTANCE OF 67.67 FEET; THENCE S260 44' 05"E, A DISTANCE OF 169.19 FEET TO THE NORTHEAST CORNER OF LOT 101 OF SANDHILL ESTATES PART 3 ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 59, AT PAGE 51 ; THENCE S720 59' 53"W ALONG THE NORTHERLY LINE OF SAID SANDHILL ESTATES PART 3, A DISTANCE OF 78.43 FEET; THENCE S880 19' 25"W ALONG SAID NORTHERLY LINE, A DISTANCE OF 211.50 FEET TO A POINT ON A CURVE; THENCE SOUTHERLY ALONG SAID NORTHERLY LINE BEING A CURVE CONCAVE WESTERLY HAVING A RADIUS OF 1250.00 FEET AND A CHORD BEARING OF S05003'14"E, AN ARC LENGTH OF 38.63 FEET; THENCE 5850 39' 31"W ALONG SAID NORTHERLY LINE, A DISTANCE OF 278.93 FEET TO A POINT ON A CURVE; THENCE NORTHWESTERLY ALONG SAID NORTHERLY LINE BEING A CURVE CONCAVE WESTERLY HAVING A RADIUS OF 830.00 FEET AND A CHORD BEARING OF N050 18' 53"W, AN ARC LENGTH OF 75.64 FEET; �5 RA THENCE S810 36' 37"W ALONG SAID NORTHERLY LINE, A DISTANCE OF 112.43 FEET; THENCE N700 30' 25"W ALONG SAID NORTHERLY LINE, A DISTANCE OF 46.68 FEET; THENCE N490 36' 36"W ALONG SAID NORTHERLY LINE, A DISTANCE OF 57.33 FEET; THENCE N360 56' 23"W ALONG SAID NORTHERLY LINE, A DISTANCE OF 65.00 FEET; THENCE N020 48' 54"E ALONG SAID NORTHERLY LINE, A DISTANCE OF 33.88 FEET; THENCE N080 48' 13"W ALONG SAID NORTHERLY LINE, A DISTANCE OF 62.56 FEET TO THE POINT OF BEGINNING. SAID TRACT OF LAND CONTAINING 7.74 ACRES, MORE OR LESS, AND IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. I, Erek P. Sittig, state that I am a practicing attorney in the State of Iowa and that I have examined a complete abstract of title to the above-described property. The abstract of title has been continued to August 3, 2015 at 8:00 a.m. and as of that date the abstract shows that fee title to the above-described property is in SG & M Properties, L.L.C. The property is subject to mortgages in favor of Iowa State Bank & Trust Company: mortgages recorded July 30, 2001, at Book 3102, Page 667; and, August 24, 2004, at Book 3786, Page 761 in the records of the Recorder of Johnson County. Dated as of this day of February, 2016. �� Erek P. Sittig J� CERTIFICATE OF COUNTY TREASURER SANDHILL ESTATES - PART FOUR 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: A SUBDIVISION IN THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 22, AND IN THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 23, ALL IN TOWNSHIP 79 NORTH, RANGE 6, WEST OF THE 5T" PRINCIPAL MERIDIAN, IOWA CITY, JOHNSON COUNTY, IOWA DESCRIBED AS FOLLOWS: COMMENCING AT A CONCRETE MONUMENT AT THE SOUTHEAST CORNER OF SAID SECTION 22; THENCE S88059'02"W ALONG THE SOUTH LINE OF SAID SECTION 22, A DISTANCE OF 36.66 FEET TO THE SOUTHEAST CORNER OF SANDHILL ESTATES PART 1 ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 47, AT PAGE 230 BEING ALSO ON THE NORTHERLY RIGHT-OF-WAY OF MCCOLLISTER BOULEVARD; THENCE N52° 10' 51" W ALONG SAID NORTHERLY RIGHT-OF-WAY , A DISTANCE OF 258.80 FEET, THENCE N37048'16"E ALONG THE EASTERLY LINE OF SANDHILL ESTATES PART 1, A DISTANCE OF 225.87 FEET; THENCE N52000'44"W ALONG SAID EASTERLY LINE, A DISTANCE OF 28.42 FEET; THENCE N37048141"E ALONG SAID EASTERLY LINE, A DISTANCE OF 213.33 FEET FOR THE POINT OF BEGINNING; THENCE N090 15' 37"W ALONG SAID EASTERLY LINE, A DISTANCE OF 150.99 FEET; THENCE N08051' 06"W ALONG SAID EASTERLY LINE , A DISTANCE OF 121.23 FEET TO THE SOUTHERLY LINE OF OUTLOT M OF SAID SANDHILL ESTATES PART 1; THENCE N770 49' 54"E ALONG SAID SOUTHERLY LINE, A DISTANCE OF 107.57 FEET; THENCE S150 08' 25"E ALONG SAID SOUTHERLY LINE, A DISTANCE OF 121.46 FEET TO A POINT ON A CURVE BEING THE NORTHERLY RIGHT OF WAY OF COVERED WAGON DRIVE; THENCE EASTERLY ALONG SAID NORTHERLY RIGHT OF WAY BEING A CURVE CONCAVE NORTHERLY HAVING A RADIUS OF 1116.98 FEET AND A CHORD BEARING OF N64009'10"E, AN ARC LENGTH OF 417.47 FEET; THENCE S370 54' 49"E, A DISTANCE OF 190.51 FEET; THENCE N68°49' 48"E, A DISTANCE OF 60.22 FEET; THENCE S040 42' 19"E, A DISTANCE OF 71.50 FEET, THENCE S220 58' 28"E, A DISTANCE OF 68.09 FEET; THENCE S430 53' 10"E, A DISTANCE OF 65.53 FEET; THENCE S160 37' 53"E, A DISTANCE OF 67.67 FEET; THENCE S260 44' 05"E, A DISTANCE OF 169.19 FEET TO THE NORTHEAST CORNER OF LOT 101 OF SANDHILL ESTATES PART 3 ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 59, AT PAGE 51 ; THENCE S720 59' 53"W ALONG THE NORTHERLY LINE OF SAID SANDHILL ESTATES PART 3, A DISTANCE OF 78.43 FEET; THENCE S880 19' 25"W ALONG SAID NORTHERLY LINE, A DISTANCE OF 211.50 FEET TO A POINT ON A CURVE; THENCE SOUTHERLY ALONG SAID NORTHERLY LINE BEING A CURVE CONCAVE WESTERLY HAVING A RADIUS OF 1250.00 FEET AND A CHORD BEARING OF S05003'14"E, AN ARC LENGTH OF 38.63 FEET; THENCE S850 39' 31"W ALONG SAID NORTHERLY LINE, A DISTANCE OF 278.93 FEET TO A POINT ON A CURVE; THENCE NORTHWESTERLY ALONG SAID NORTHERLY LINE BEING A 15 CURVE CONCAVE WESTERLY HAVING A RADIUS OF 830.00 FEET AND A CHORD BEARING OF N050 18' 53"W, AN ARC LENGTH OF 75.64 FEET; THENCE S810 36' 37"W ALONG SAID NORTHERLY LINE, A DISTANCE OF 112.43 FEET; THENCE N700 30' 25"W ALONG SAID NORTHERLY LINE, A DISTANCE OF 46.68 FEET; THENCE N490 36' 36"W ALONG SAID NORTHERLY LINE, A DISTANCE OF 57.33 FEET; THENCE N360 56' 23"W ALONG SAID NORTHERLY LINE, A DISTANCE OF 65.00 FEET; THENCE N020 48' 54"E ALONG SAID NORTHERLY LINE, A DISTANCE OF 33.88 FEET; THENCE N080 48' 13"W ALONG SAID NORTHERLY LINE, A DISTANCE OF 62.56 FEET TO THE POINT OF BEGINNING. SAID TRACT OF LAND CONTAINING 7.74 ACRES, MORE OR LESS, AND IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. as of the date of this certificate. Dated as of this Q^1 day of February, 2016. Thomas L. Kriz, Count re u � by: (Z. Sio* FWa—jbs\ Deputy 16 SANITARY SEWER EASEMENT AGREEMENT SANDHILL ESTATES - PART FOUR IOWA CITY, IOWA THIS AGREEMENT, made and entered into by and between SG & M Properties, L.L.C. (Owner), which expression shall include successors in interest and assigns, and the City of Iowa City, Iowa (Iowa City), which expression shall include its successors in interest and assigns. WITNESSETH: It is hereby agreed as follows: For the sum of $1.00 plus other valuable consideration, the receipt of which is hereby acknowledged, Owner hereby grants and conveys to the City an easement for the purposes of excavating for and the installation, replacement, maintenance and use of such sanitary sewer lines, pipes, mains, conduits as the City shall from time to time elect for conveying sanitary sewage, with all necessary appliances and fittings for the use in connection with said pipe lines, together with adequate protection therefor, and also a right of way, with the right of ingress and egress thereto, over and across the areas designated as "15' Utility & Sanitary Sewer Easement" as shown on the Final Plat of Sandhill Estates - Part Four and referred to herein as "easement areas." Owner further grants to the City: 1. The right of grading said easement areas for the full width thereof, and to extend the cuts and fills for such grading into and onto said lands along and outside of the said easement areas, to such extent as the City may find reasonably necessary. 2. The right from time to time to trim, cut down and clear away any and all trees and brush on said easement areas, and also to trim, cut down and clear away any trees on either side of said strip which now or hereafter in the opinion of the City may be a hazard to said easement areas or which may interfere with the exercise of the City's rights hereunder in any manner. 3. The right to enter onto land beyond the easement areas to conduct emergency repairs that may extend beyond the easement areas without obtaining a separate temporary easement. 4. 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. IS 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 said areas, or diminish or substantially add to the ground cover over said easement areas. Any improvements installed within the easement areas, with or without the approval of the City, may be removed by the City without compensation or replacement. 6. 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. 7. 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. 8. The parties agree that the obligation to install the public improvements) herein shall be in accordance with City specifications, and the obligation shall remain on Owner until completion by Owner, and until acceptance by the City, as provided by law. 9. 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 —[� day of February, 2016. OWNER: SG & M Properties, L.L.C. by: Souet at Development Services, L.L.C., Manag By: Terry 7Sill, Manager CITY: ATTEST: B Jim Throgmo ton, Mayor Mari K. Karr, City Clerk Approved by: AA `Cil -y Attorney S STATE OF IOWA )ss: JOHNSON COUNTY ) This instrument acknowledged before me this day of February, 2016, by Terry Sill, Manager of Southgate Development Services, L.L.C., Manager of SG & M Properties, L.L.C. C. JOSEPH HOLLAND Notary ub 'c in and for the State of Iowa Commission Nianber 141011 My Commission Expires ow March 24, 20177 STATE OF IOWA ) )ss: JOHNSON COUNTY ) This instrument acknowledged before me this ';2 day of February, 2016, by Jim Throgmorton and Marian K. Karr, as the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa. l' . 1 LtAE e I:ELLIEK.TUTTLE Notary Public in and for the State of Iowa >' tlCam�uis ..n "lumber 221819 Iy Con rrysi n Expires V� b UNDERGROUND UTILITY EASEMENT SANDHILL ESTATES - PART FOUR IOWA CITY, IOWA In consideration of the approval of the Final Plat of Sandhill Estates - Part Four, 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 Sandhill Estates - Part Four as "15' Utility Easement", "15' Utility & Water Main Easement", and "15' Utility & Sanitary Sewer 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' 7r of February, 2016. OWNER and GRANTOR: SG & M Properties, L.L.C. by: Southe Delopment Services, L.L.C., Manager/ / By: Terry/ Sill, Manager CITY: By Jim Throgmorflon, Mayor 'ZAp roved by: 4 C'- 4c4cf9et, City Attorney STATE OF IOWA ATTEST: if . / // ) ,O:1i �I'r4- Ma n K. Karr, City Clerk )ss: JOHNSON COUNTY ) 11 This instrument acknowledged before me this ` day of February, 2016, by Terry Sill, Manager of Southgate Development Services, L.L.C., Manager of SG & M Properties, L.L.C.� k c. JOSEPH HOLLAND o ' commission Number 147017 Notary tic in and for t e tate of Iowa My commission Expires . OW msreh 24, 2017 STATE OF IOWA ) )ss: JOHNSON COUNTY ) This instrument acknowledged before me this 2v'�— day of February, 2016, by Jim Throgmorton and Marian K. Karr, as the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa. e e Cam w p0.�w! ,,✓,ELLIE K. TUl"fLE ! Comrai Cwmber221819 Notary Public in and for the State of Iowa F`•I ,GR, rso"Ex ires `iitt;n r � I 6 WATER MAIN EASEMENT AGREEMENT SANDRILL ESTATES SUBDIVISION - PART FOUR IOWA CITY, IOWA THIS AGREEMENT made by and between SG & M Properties, L.L.C. hereinafter called "Owner", which expression shall include its successors and assigns, and the City of Iowa, City, Iowa, a municipal corporation hereinafter called the "City". WITNESSETH: It is hereby agreed as follows: For the sum of $1.00 plus other valuable consideration, the receipt of which is hereby acknowledged, Owner hereby grants and 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 designated as "15' Utility & Water Main Easement" on the Final Plat of Sandhill Estates Subdivision - Part Four, Iowa City, Iowa, hereafter described as "easement areas", as located within the Subdivision. Owner further grants to the City: 1. The right of grading said easement areas for the full width thereof, and to extend the cuts and fills for such grading into and onto said lands along and outside of the said easement areas to such extent as the City may find reasonably necessary. 2. The right from time to time to trim, cut down and clear away any and all trees and brush on said easement areas and also to trim, cut down and clear away any trees on either side of said easement areas which now or hereafter in the opinion of the City may be a hazard to said easement areas, or which may interfere with the exercise of the City's rights hereunder in any manner. 3. The right to enter onto land beyond the easement areas to conduct emergency repairs that may extend beyond the easement areas without obtaining a separate temporary easement. 4. 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. ►5 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 said areas, or diminish or substantially add to the ground cover over said easement areas. Any improvements installed within the easement areas, with or without the approval of the City, may be removed by the City without compensation or replacement. 6. Owner does hereby covenant with the City that it is lawfully seized and possessed of the real estate above described, and has good and lawful right to convey it, or any part thereof. 7. 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. 8. The parties agree that the obligation to install the public improvements herein shall be in accordance with City specifications, and the obligation shall remain on Owner until completion by Owner, and until acceptance by the City, as provided by law. 9. The provisions hereof the successors and assigns and all covenants shall apply title to the land. W shall inure to the benefit of and bind of the respective parties hereto, to and run with the land and with the Dated this k day of February, 2016. OWNER: SG & M Properties, L.L.C. by: by: Terry 11, Manager Services, L.L.C., Manager CITY: % � ATTEST: e By: VJim Throgmorton, Mayor Marfan K. Karr, City Clerk 6 App owed by: City Attorney STATE OF IOWA )ss: JOHNSON COUNTY ) This instrument acknowledged before me this J:�day of February, 2016, by Terry Sill, Manager of Southgate Development Services, L.L.C., Manager of SG & M Properties, L.L.C. STATE OF IOWA ) )ss: JOHNSON COUNTY ) Notary PubW in and for said State This instrument acknowledged before me this Z.yI day of February, 2016, by Jim Throgmorton and Marian K. Karr, as the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa. 1441P�T• jrELLIE K. TUTfLE Notary Public in and for said State "� ' • �• C�•rcrai..:i-m Clamber 221819 '•I Lo;, �issi@n Expires 15 C. JOSEPH HOLLAND c' Commission Number 0147011 MarcMy mh�24 20317 fres STATE OF IOWA ) )ss: JOHNSON COUNTY ) Notary PubW in and for said State This instrument acknowledged before me this Z.yI day of February, 2016, by Jim Throgmorton and Marian K. Karr, as the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa. 1441P�T• jrELLIE K. TUTfLE Notary Public in and for said State "� ' • �• C�•rcrai..:i-m Clamber 221819 '•I Lo;, �issi@n Expires 15 Prepared by and return to: Erek P. Sittig 123 N Linn St Ste 300 Iowa City IA 52245 (319)-354-0331 OFF SITE TEMPORARY TURN AROUND EASEMENT AGREEMENT SANDRILL ESTATES - PART FOUR IOWA CITY, IOWA This Agreement is made and entered into by and between SG & M Properties, L.L.C., referred to herein as "Owner" and the City of Iowa City referred to herein as "City." Owners grant to the public a perpetual City service access easement upon, over, under, along, and across the temporary turnaround area at the end of Sand Prairie Drive as shown upon the attached Easement Exhibit, herein "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. Owners and their successors in interest and assigns reserve the right to use the Easement Area for purposes that will not interfere with the Grantee's full enjoyment of rights hereby granted; provided the Grantors shall not erect or construct any structure, reservoir, retaining wall, or other obstruction on said areas. Any improvements placed in the Easement Area, with or without City approval, may be 6 removed by the City without compensation or replacement. Owners hereby covenant that they are lawfully seized and possessed of the real estate described above, and that they have good and lawful right to convey it or any part thereof. The term of this Easement shall be until Sand Prairie Drive is extended in an easterly direction from Sandhill Estates - Part Four and shall terminate when the paving of that extension of Sand Prairie Drive is accepted by the City. 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 as of this I day of February, 2016. OWNER: SG & M Properties, L.I,/.)C. By: Southgg£( Develol#ent Services, L.L.C., Manager Terry S STATE OF IOWA )ss: JOHNSON COUNTY ) This instrument was acknowledged before me on the �S day of February, 2016 by Terry Sill, Manager of Southgate Development Services, L.L.C., manager of SG & M Properties, L.L.C. (Stamp or Seal) av'4 C. JOSEPH HOLLAND Notary lic in and for the State CanmiaSIM Number 11/011 of Iowa My commlSWon Ex (res ow March 21, 2017 CITY OF IOWA CITY, IOWA by Jim Throgmo ton, Mayor ATTEST cLt A'f-) 9e• 9 Maria t K. Karr, City Clerk 6 State of Iowa ) )ss: Johnson County ) This instrument acknowledged before me this r-64-- -dayof February, 2016 by Jim Throgmorton and Marian K. Karr, Mayor and City Clerk, respectively, of the City of Iowa City, Iowa. (stamp or seal) Notary Public in and for the State of _ Iowa r1 t KELLIE K. TUTTLE ,tIr -,;Wmber221819 turn Expires 10 4 I� FwwPtl[,IMIIP[6YSSlMAX1iWiIHt0.09lFFi NOTE: 1. BASIS OF BEARINGS IS GPS MEASUREMENTS IN THE IOWA PLANE COORDINATE SYSTEM SOUTH ZONE NAD83. 2. LINEAR DIMENSIONS ARE IN U 5. SURVEY FEET AND DECIMALS THEREOF, 0 30 6D Feet V = 30' TEMPORARY /TURNAROUND� �Im EASEMENT .4Xc1c1 a.7*'L140131P1d PART OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 23, IN TOWNSHIP 79 NORTH, RANGE 6, WEST OF THE STH PRINCIPAL MERIDIAN, IOWA CITY, JOHNSON COUNFY, IOWA DESCRIBED AS FOLLOWS: BEGINNING ATTHESOUTHEAST CORNER OF LOT 122 OF SANDHILL ESTATES -PART4;THENCE N15-13'23"E,A DISTANCE OF 51.87 FEET; THENCE 556- S5' 58"E, A DISTANCE OF 49.69 FEET, THENCE 52'56.51"E, A DISTANCE OF 68.71 FEET; THENCE S44' 32' 12"W TO THE EASTERLY LINE OF LOT 121 OF SAID SANDHILL ESTATES - PART 4, A DISTANCE OF 58.01 FEET; TH ENCE N26 -44'05"W ALONG SAID EASTERLY LINE, A DISTANCE OF 33.44 FEET TO THE NORTHEAST CORNER OF SAID LOT 121; THENCE N16 -32'S3 -W ALONG THE EAST LINE OF SAID SANDHILL ESTATES - PART 4, A DISTANCE OF 67.67 FEET TO THE POINT OF BEGINNING. 15 lI1M EASEMENT EXHIBITNIB TEMPORARYTURNAROUND hbk HRE ENGRiEERiNG, LLC 509 S. GILBERT ST.IOWA so4te EASEMENT CY. 52240 PHONE:(319)338-7557 obxx xot6 ENGINEERING Enx: (319)358-2937 CITY OF IOWA CITY, JOHNSON COUNTY, IOWA 1 OF 1 15 Prepared by Sarah Walz, Associate Planner, 410 E. Washington, Iowa City, IA 52240; 319/356-5239 DECISION IOWA CITY BOARD OF ADJUSTMENT WEDNESDAY, MARCH 9, 2016 EMMA J. HARVAT HALL MEMBERS PRESENT: Becky Soglin, T. Gene Chrischilles, Connie Goeb, Larry Baker, and Tim Weitzel. MEMBERS ABSENT: None. STAFF PRESENT: Sue Dulek and Sarah Walz, OTHERS PRESENT: Brett Mitchell SPECIAL EXCEPTION ITEMS: IIIIIII IIIIII III VIII VIII Illll lull lull lull lull lull lu 11 lull lull illi illi Doc ID: 026251650004 Type: GEN Kind: DECISION Recorded: 03/30/2016 at 12:51:22 PM Fee Amt: $22.00 Pane 1 of 4 Johnson County Iowa Kim Painter County Recorder 13K5487 PG102-10//5^-- K 1. EXC16-00001 public hearing regarding an application by Verizon Wireless to allow installation of a privately -owned communication transmission facility in the Community Commercial (CC -2) zone at 845 Pepperwood Lane, subject to the following conditions: The Board finds that a law recently adopted by the State of Iowa regarding the approval of cell tower facilities, precludes local authorities from evaluating cell tower applications based on the availability of other potential locations for the placement or construction of a tower or transmission equipment. The laws also precludes local authorities from requiring an applicant to establish other options for collocation instead of the construction of a new tower. The Board concludes that the proposed tower will be constructed in a manner that will camouflage the structure and reduce its visual impact on the surrounding area based on the following findings: • At the request of the property owner, the proposed tower is designed to be similar in appearance to a modern church bell tower. • The applicant has provided a simulation of the how the tower would appear in the proposed location. • The antennas will be mounted at 57 feet and would be surrounded by a decorative screen to reflect the religious use of the property. The antennas will not be visible from the street. • The structure will not have guywires or support trusses. • If strobe lighting is required by the FAA it would be a flashing white light during the day changing to a red light at night. The change minimizes disturbance to the surrounding neighborhood. The Board concludes that the proposed tower will be no taller than is necessary to provide the service intended based on the following findings: r= c • The applicant has stated that the monopole height of 62 feet is the minirhum I'Messary; to provide the increased coverage. - r 1 t St s CD i� • The applicant has provided maps illustrating coverage before installation that indicate existing gaps in coverage and improvements in coverage created by the proposed tower. The Board concludes that the proposed tower will be set back at least a distance equal to the height of the tower from any residential zone, ID -RS zone, and ID -RM zone based on the following findings: • The height of the proposed tower will be 62 feet. • The pole is set back just over 63 feet from the nearest residential zone, which begins at the centerline of Cross Park Avenue. The Board concludes that equipment associated with the tower facility will be enclosed in an equipment shed, cabinet, or building, which must be adequately screened from view of the public right of way and any adjacent residential or commercial property based on the following findings: • The applicant has proposed a shelter to store ground equipment that will be located within a 7 to 8 foot high block wall enclosure. The enclosure will match the color of the church building. • Landscaping as recommended by staff must be provided to the south side of the enclosure to reduce the appearance of the blank wall along the street frontage. The Board concludes that the proposed tower will not utilize a backup generator as a principal power source. Backup generators may only be used in the event of a power outage. The Board concludes that is unlikely that an additional provider will be able to co -locate on the tower given its limited height and that additional user would require additional ground space, which may reduce the amount of parking available on the site. Limiting the parking has the potential to detract from the continued use of the property. Given the limited size of the property and its proximity to a residential zone, the Board concludes that there is a greater benefit in keeping the tower at the proposed height. The Board concludes that, if use of the tower is discontinued, the tower and any associated equipment must be removed by the owner of the tower, the operator, or the owner of the property within one year of discontinuance of use and the land graded and replanted to prevent erosion. The Board concludes that an abandonment letter be provided as part of the building permit application in order to verify that the applicant is committed to removing the tower if its use is discontinued. In addition, the Board concludes that the tower be designed so that if at some future date the property is no longer occupied by a church, the decorative screens can be changed out to reflect the change in use. The screens may not be used for commercial signage as the height and size would violate the City's sign ordinance. 0 The Board concludes that the specific proposed exception will not be detrimenta(Lto qr endanger. - the public health, safety, comfort or general welfare and the specific proposed e_?iceptioMwill not,—. be injurious to the use and enjoyment of other property in the immediate viciR_i�tr6ndrwill not— substantially diminish or impair property values in the neighborhood based orr+tie fo�owing-, a findings: • The structure must meet all applicable building, mechanical and fire codes, irr�uding—" wind and ice loading requirements for the structure. Y o VO • Ground equipment will be housed in a shed surrounded by an enclosure and screened from view of other properties. The enclosure will match the color of the building. • The pole is located more than 60 feet from the adjacent residential zone, which is located at the centerline of Cross Park Avenue. The Board concludes that the establishment of the specific proposed exception will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the zone in which such property is located based on the following findings: The use meets all required setbacks for the zone. The church more than meets its parking requirement and thus the amount of parking displaced by the enclosure does not impede the normal use of the property. The Board concludes that adequate utilities, access roads, drainage and/or necessary facilities have been or are being provided. The Board finds that the proposed use does not generate vehicle traffic and concludes it will have no impact on ingress or egress from the church property onto Cross Park Avenue. The Board concludes that, except for the specific regulations and standards applicable to the exception being considered, the specific proposed exception, in all other respects, conforms to the applicable regulations or standards of the zone in which it is to be located based on the following findings: All other aspects of the site must be in compliance with the zoning code. The applicant must secure a building permit before constructing the tower. All other applicable zoning code standards must be in compliance. The church more than meets its parking requirement and thus the amount of parking displaced by the enclosure does not impede the normal use of the property. The rear parking area currently lacks required landscape screening. Required S2 screening must be provided along the parking area and enclosure. The Board concludes that the proposed use will be consistent with the Comprehensive Plan, as amended, based on the findings above and the improvement of telecommunication coverage to neighborhoods in the area around the proposed tower site. DISPOSITION: By a vote of 5-0 the Board approves the special exception EXC16-00001, to allow installation of a privately -owned communication transmission facility in the Community Commercial (CC -2) zone at 845 Pepperwood Lane, subject to the following conditions: • The applicant must submit a letter, at the time of application for a building permit, indicating that all equipment will be removed if the use is discontinued. • Substantial compliance of the submitted site plan and elevations. • The tower structure must be designed so that if at some future date the prope)V is no longer occupied by a house of worship, the decorative screens can be-chang6d out to reflect the change in use. The screens may not be used for commercial signage.- • Installation of required S2 landscape screening along the south side of J$ e.parkhg areal s and enclosure. N • A generator may not be used as the principal power source. 0 l� Any illumination of the bell tower structure must meet the City's lighting standards. TIME LIMITATIONS: All orders of the Board, which do not set a specific time limitation on Applicant action, shall expire six (6) months from the date they were filed with the City Clerk, unless the Applicant shall have taken action within such time period to establish the use or construct the improvement authorized under the terms of the Board's decision. City Code Section 14-8C-1 E, City of Iowa City, Iowa. X Approved by: r, C VDIW615ri 3 City Attorney's Office STATE OF IOWA JOHNSON COUNTY I, Marian Karr, City Clerk of the City of Iowa City, do hereby certify that the Board of Adjustment Decision herein is a true and correct copy of the Decision that was passed by the Board of Adjustment of Iowa City, Iowa, at its regular meeting on the g16 day of March, 2016, as the same appears of record in my Office. Dated at Iowa City, this 9 day of 7eo4o�ar Marian K. Karr, City Clerk (OR OMR 91 0 CD ik 1 I Q l ~ Doc ID: 026265640028 Type: GIEN Kind. SUBDIVISION w-�®� Recorded: 04/12/2016 at 02:21:51 PM Fee Amt: $142.00 Page 1 of 28y Johnson County Iowa Kim Painter County Recorder Y" BK5492 PC124-151 CITY F IOWA CITY 410 East Washington Street Iowa City, Iowa 52240-1826 (3 19) 356-5000 !I STATE OF IOWA www. gov.or 09 FAX ) SS www.icgov.org JOHNSON COUNTY ) d I, Marian K. Karr, City Clerk of Iowa City, Iowa, do hereby certify that the Resolution attached hereto is a true and correct copy of Resolution No. 16-75, which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 5th day of April, 2016, all as the same appears of record in my office. Also attached are the final legal documents for Churchill Meadows, Parts n Two and Three, Iowa City, Iowa. dDated at Iowa City, Iowa, this 11 day of & r ' 2016._/ 1xy '•,> +v MariaKarr City Clerk r5 fires subdivision r F RATE S Al CORPO 4d(1) Prepared by: Marti Wolf, Planning Intern, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5240, (SUB15-00026) RESOLUTION NO. 16-75 RESOLUTION APPROVING FINAL PLAT OF CHURCHILL MEADOWS PARTS TWO AND THREE, IOWA CITY, IOWA. WHEREAS, the owner, CBD, LCC, filed with the City Clerk the final plat of Churchill Meadows Parts Two and Three, 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 the Northeast Quarter of the Northwest Quarter of Section 7, Township 79 North, Range 5 West, of the Fifth Principal Meridian, Iowa City, Johnson County, Iowa and the Southeast Corner of the Auditor's Parcel 2005094, in accordance with the Plat thereof Recorded in Plat Book 50 at Page 104 of the records of the Johnson County Recorder's Office; Thence N87°08'03"W, along the South Line of said Auditor's Parcel 2005094, a distance of 662.17 feet, to the Southwest Corner of said Auditor's Parcel 2005094; Thence N00°58'25"W, along the West Line of said Auditor's Parcel 2005094, a distance of 776.57 feet; Thence N01°14'19"W, along said West line, 362.04 feet, to its intersection with the Southerly Right -of -Way Line of Herbert Hoover Highway; Thence Northeasterly, 95.54 feet along said Southerly Right -of -Way Line on a 539.98 foot radius curve, concave Southeasterly, whose 95.42 food chord bears N61°13'02"E; Thence continuing Northeasterly 235.59 feet along said Southerly Right -of -Way Line on a 1085.92 foot radius curve, concave Southeasterly. Whose 235.12 chord bears N81°10'32"E; Thence S88°01'46"E, along said Southerly Right -of - Way Line, 99.16 feet; Thence N89°46'43"E, along said Southerly Right -of -Way Line, 251.32 feet, to a Point on the East Line of said Auditor's Parcel 2005094; Thence S00°43'54"E, along said East line, 1251.23 feet, to the Point of Beginning. Said Tract of Lane contains 18.64 Acres, and is subject to easement and restrictions of record. WHEREAS, the Department of Neighborhood and Development Services and the Public Works Department examined the proposed final plat and subdivision, and recommended approval; and WHEREAS, a dedication has been made to the public, and the subdivision has been made with the free consent and in accordance with the desires of the owners and proprietors; and WHEREAS, said final plat and subdivision are found to conform with Chapter 354, Code of Iowa (2015) and all other state and local requirements. 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 \.A Resolution No. 16-75 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/subdivider. Passed and approved this 5th day of April 20 16 MAYOR ATTEST: /Y'+.J 5C R�t+�✓ CITY CLERK It was moved by Mims adopted, and upon roll call there were: AYES: NAYS: Approved by 4!zApffice i 2(e%f0 and seconded by sotchway the Resolution be ABSENT: Botchway Dickens Dobyns Hayek Mims Payne Throgmorton pcdltemplates/Churchil Final Plat Resollltlen.doc.doC 1 ATTORNEY'S TITLE OPINION Re: Churchill Meadows Parts Two and Three Subdivision located in Iowa City, Johnson County, Iowa, and legally described as follows: Beginning at the Southeast Corner of the Northeast Quarter of the Northwest Quarter of Section 7, Township 79 North, Range 5 West, of the Fifth Principal Meridian, Iowa City, Johnson County, Iowa and the Southeast Corner of Auditor's Parcel 2005094, in accordance with the Plat thereof Recorded in Plat Book 50 at Page 104 of the records of the Johnson County Recorder's Office; Thence N87008103"W, along the South Line of said Auditor's Parcel 2005094, a distance of 662.17 feet, to the Southwest Corner of said Auditor's Parcel 2005094; Thence N00°58'25"W, along the West Line of said Auditor's Parcel 2005094, a distance of 776.57 feet; Thence NO1°14'19"W, along said West line, 362.04 feet, to its intersection with the Southerly Right -of -Way Line of Herbert Hoover Highway; Thence Northeasterly, 95.54 feet along said Southerly Right -of -Way Line on a 539.98 foot radius curve, concave Southeasterly, whose 95.42 foot chord bears N61°13'02"E; Thence continuing Northeasterly 235.58 feet along said Southerly Right -of -Way Line on a 1085.92 foot radius curve, concave Southeasterly, whose 235.12 chord bears N81°10'32"E; Thence S88°01'46"E, along said Southerly Right -of -Way Line, 99.16 feet; Thence N89046'43"E, along said Southerly Right -of -Way Line, 251.32 feet, to a Point on the East Line of said Auditor's Parcel 2005094; Thence S00°43'54"E, along said East Line, 1251.23 feet, to the Point of Beginning. Said Tract of Land contains 18.64 Acres, and is subject to easement and restrictions of record. I, C. Joseph Holland, state that I am a practicing attorney in the State of Iowa and that I have examined a complete abstract of title to the above-described property. The abstract of title has been continued to March 29, 2016, and as of that date the abstract shows that fee title to the above-described property is in CBD LLC. I further certify that except as may be stated above the property is free from encumbrance. Dated as of this 2nd day of April, 2016. . ��a ( 1 21 C. J e 1 an \1 CERTIFICATE OF COUNTY AUDITOR APPROVAL OF SUBDIVISION NAME I, Johnson county Auditor, approve the name Churchill Meadows Parts Two and Three with reference to the property described below as of the date of this certificate. Beginning at the Southeast Corner of the Northeast Quarter of the Northwest Quarter of Section 7, Township 79 North, Range 5 West, of the Fifth Principal Meridian, Iowa City, Johnson County, Iowa and the Southeast Corner of Auditor's Parcel 2005094, in accordance with the Plat thereof Recorded in Plat Book 50 at Page 104 of the records of the Johnson County Recorder's Office; Thence N87°08'03"W, along the South Line of said Auditor's Parcel 2005094, a distance of 662.17 feet, to the Southwest Corner of said Auditor's Parcel 2005094; Thence N00058125"W, along the West Line of said Auditor's Parcel 2005094, a distance of 776.57 feet; Thence NO1014119"W, along said West line, 362.04 feet, to its intersection with the Southerly Right -of -Way Line of Herbert Hoover Highway; Thence Northeasterly, 95.54 feet along said Southerly Right -of -Way Line on a 539.98 foot radius curve, concave Southeasterly, whose 95.42 foot chord bears N61°13102"E; Thence continuing Northeasterly 235.58 feet along said Southerly Right -of -Way Line on a 1085.92 foot radius curve, concave Southeasterly, whose 235.12 chord bears N81°10'32"E; Thence S88001146"E, along said Southerly Right -of -Way Line, 99.16 feet; Thence N8904614311E, along said Southerly Right -of -Way Line, 251.32 feet, to a Point on the East Line of said Auditor's Parcel 2005094; Thence S00°4315411E, along said East Line, 1251.23 feet, to the Point of Beginning. Said Tract of Land contains 18.64 Acres, and is subject to easement and restrictions of record. Dated as of this ! day of April, 2016 Travis Weipert County Auditor by: /% tiQi_`-h Deputy 0 .e1' IkL3 3� aF�ifsl �l The undersigned, CBD LLC, request approval of the subdivision known as Churchill Meadows Parts Two and Three Subdivision, said subdivision shown on the preliminary and final plat thereof to which this document is attached, which is a subdivision of the following described property: Beginning at the Southeast Corner of the Northeast Quarter of the Northwest Quarter of Section 7, Township 79 North, Range 5 West, of the Fifth Principal Meridian, Iowa City, Johnson County, Iowa and the Southeast Corner of Auditor's Parcel 2005094, in accordance with the Plat thereof Recorded in Plat Book 50 at Page 104 of the records of the Johnson County Recorder's Office; Thence N87°08'03"W, along the South Line of said Auditor's Parcel 2005094, a distance of 662.17 feet, to the Southwest Corner of said Auditor's Parcel 2005094; Thence N00°58'25"W, along the West Line of said Auditor's Parcel 2005094, a distance of 776.57 feet; Thence N01°14'19"W, along said West line, 362.04 feet, to its intersection with the Southerly Right -of -Way Line of Herbert Hoover Highway; Thence Northeasterly, 95.54 feet along said Southerly Right -of -Way Line on a 539.98 foot radius curve, concave Southeasterly, whose 95.42 foot chord bears N61°13'02"E; Thence continuing Northeasterly 235.58 feet along said Southerly Right -of -Way Line on a 1085.92 foot radius curve, concave Southeasterly, whose 235.12 chord bears N81°10'32"E; Thence S88001'46"E, along said Southerly Right -of -Way Line, 99.16 feet; Thence N89046'43"E, along said Southerly Right -of -Way Line, 251.32 feet, to a Point on the East Line of said Auditor's Parcel 2005094; Thence S00°43'54"E, along said East Line, 1251.23 feet, to the Point of Beginning. Said Tract of Land contains 18.64 Acres, and is subject to easement and restrictions of record. The undersigned further states that subdivision is made with the free consent and in accordance with the desire of the undersigned, owners of the land included within the subdivision. The streets and easements are hereby dedicated to the public as provided for by Section 354.19 of the Code of Iowa (2015). Dated as of this f day of April, 2016. jI x CBD LLC b effrey Clark, Member and Manager STATE OF IOWA )ss: JOHNSON COUNTY ) This instrument was acknowledged before me on the 4A day of April, 2016, by Jeffrey Clark, Member and Manager of CBD LLC. Notatj Public in and for the WWtylon MR 6 SANITARY SEWER AGREEMENT Churchill Meadows Parts Two and Three THIS AGREEMENT, made and entered into by and between The CBD LLC (Owner), which expression shall include successors in interest and assigns, and the City of Iowa City, Iowa (Iowa City), which expression shall include its successors in interest and assigns. It is hereby agreed as follows: For the sum of $1.00 plus other valuable consideration, the receipt of which is hereby acknowledged, Subdivider hereby grants and conveys to the City an easement for the purposes of excavating for and the installation, replacement, maintenance and use of such sewage lines, pipes, mains, and conduits as the City shall from time to time elect for conveying sewage, with all necessary appliances and fittings, for the use in connection with said pipe lines, together with adequate protection therefor, and also a right of way, with the right of ingress and egress thereto, over and across the areas designated as "15.0' Wide Utility and Sanitary Sewer Easement" on the Final Plat of Churchill Meadows Parts Two and Three, Iowa City, Iowa, hereafter described as "Easement Areas." Subdivider further grants to the City: 1. The right of grading said Easement Areas for the full width thereof, and to extend the cuts and fills for such grading into and onto said lands along and outside of the said Easement Areas to such extent as the City may find reasonably necessary. 2. The right from time to time to trim, cut down and clear away any and all trees and brush on said Easement Areas and also to trim, cut down and clear away any trees on either side of said Easement Areas which now or hereafter in the opinion of the City may be a hazard to said Easement Areas, or which may interfere with the exercise of the City's rights hereunder in any manner. The City shall promptly backfill any trench made by it, and repair any damages caused by the City within the easement area. The City shall indemnify Subdivider against unreasonable loss or damage which may occur in the negligent exercise of the easement rights by the City. Except as expressly provided herein, the City shall have no responsibility for maintaining the easement area. Subdivider reserves the right to use said Easement Areas for purposes which will not interfere with the City's full enjoyment of the rights hereby granted; provided that the Subdivider shall not erect or construct any building, fence, retaining wall, or other structure, plant any trees, drill or operate any well, or construct any reservoir or other obstruction on said areas, or diminish or substantially add to \A r 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. Subdivider does hereby covenant with the City that it is lawfully seized and possessed of the real estate above described, and that it has a good and lawful right to convey it, or any thereof. Nothing in this Agreement shall be construed to impose a requirement on the City to install the original public improvement at issue herein. Nor shall Subdivider be deemed acting as the City's agent during the original construction and installation of said improvement. Parties agree that the obligation to install the public improvement(s) herein shall be in accordance with City specifications, and the obligation shall remain on Subdivider until completion and until acceptance by the City, as by law provided. The provisions hereof shall successors and assigns of the covenants shall apply to and run the land. GRANTOR: CBD LLC inure to the benefit of and bind the respective Parties hereto, and all with the land and with the title to By J ffrey Clark, Member and Manager CITY: -VX?' 7 By:VJames Throgmorton, Mayor Ajp!pprov�eJd� by: / N/A P/ ✓U �YGf�� City Attorney STATE OF IOWA ATTEST: j/ / / l am/ 7i - `) l—/ Mar K. Karr, City Clerk )ss: JOHNSON COUNTY ) This instrument acknowledged before me this day of April, 2016, by Jeffrey Clark, Member and Manager of CBD LLC. � - u DAWN NARIE LAIR Commission Number 787738 $ My Commission Expires ow November21,2017 \1 Notary Public in and for said State STATE OF IOWA ) )ss: JOHNSON COUNTY ) This instrument acknowledged before me this s-"_ day of April, 2016, by James Throgmorton and Marian K. Karr, as the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa. k" k, —E -41e. Notary Public in and for said State =A1EK.WU'i8iG es \'A STORM SEWER AND DRAINAGE EASEMENT AGREEMENT CHURCHILL MEADOWS PARTS TWO AND THREE, IOWA CITY, IOWA THIS AGREEMENT is made and entered into by and between CBD LLC (Owner), which expression shall include its successors in interest and assigns, and the City of Iowa City, Iowa (the City), which expression shall include its Successors in interest and assigns. It is hereby agreed as follows: For the sum of $1.00 plus other valuable consideration, the receipt of which is hereby acknowledged, Owner hereby grants and conveys to the City an easement for the purposes of excavating for and the installation, replacement, maintenance and use of such storm sewer lines, pipes, mains, conduits and drainage ways as the City shall from time to time elect for conveying storm water with all necessary appliances and fittings for the use in connection with said pipe lines, together with adequate protection therefor, and also a right of way, with the right of ingress and egress thereto over and across the areas designated on the Final Plat of said subdivision herein described as "20'0' Storm Sewer and Drainage Easement" "2010' Storm Sewer and Drainage Easement (Centered)" "25.0' Drainage Easement" "15.0' Wide Utility and Storm Sewer Easement"Storm Water Detention, Storm Sewer, and Drainage Easement" and 50.0 Foot wide Access, Sanitary Sewer, Storm Sewer, and Utility Easement" referred to herein as the "Easement Areas." Owner further grants to the City: 1. The right of grading said Easement Areas for the full width thereof, and to extend the cuts and fills for such grading into and onto said lands along and outside of the said Easement Areas, to such extent as the City may find reasonably necessary. 2. The right from time to time to trim, to cut down and clear away any and all trees and brush on said Easement Areas, and also to trim, cut down and clear away any trees on either side of said strip which now or hereafter in the opinion of the City may be a hazard to said Easement Areas or which may interfere with the exercise of the City's rights hereunder in any manner. 3. The City shall promptly backfill any trench made by it, and repair any damages caused by the City within the Easement Areas. The City shall indemnify Owner against unreasonable loss or damage which may occur in the negligent exercise of the easement rights by the City. Except as expressly provided herein, the City shall have no responsibility for maintaining the Easement Areas. 4. Owner reserves the right to use said Easement Areas for purposes which will not interfere with the City's full enjoyment of the rights hereby granted; provided that the Owner shall not erect or \-A 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. 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. Sf DATED as of this OWNER: CBD LLC day of April, 2016. by: J ffrey Clark, Member and Ma ger CITY: / By: James Throgmorton, Mayor Ap roved by: -City Attorney STATE OF IOWA ) ) ss: JOHNSON COUNTY ) ATTEST: Mar -an K. Karr, City Clerk This instrument was acknowledged before me on the __ day of \,A April, 2016 by Jeffrey Clark, Member and Manager of CBD LLC. STATE OF IOWA ) )ss: JOHNSON COUNTY ) This instrument acknowledged before me this G+k- day of April, 2016, by James Throgmorton and Marian K. Karr, as the Mayor and City Clerk, respectively, of the City of Iowa City, )Iowa. 1 Notary Public in and for said State KELLIE K. TUTTLE iY Commission Number2:E My Co iss n Expires nwA" i N1 I STORM WATER DETENTION EASEMENT AGREEMENT CHURCHILL MEADOWS PARTS TWO AND THREE, IOWA CITY, IOWA CBD LLC hereinafter "Owner" or "Subdivider" of the real estate described as Churchill Meadows Parts Two and Three, Iowa City, Iowa, on the approved Final Plat thereof, hereby grants to the City of Iowa City, Iowa an easement for construction, operation and maintenance of stormwater control structures and stormwater control facilities, together with a right of ingress and egress thereto over and across that portion of Churchill Meadows Parts Two and Three labeled as "Storm Water Detention, Storm Sewer, and Drainage Easement") as shown upon on the Final Plat of Churchill Meadows Parts Two and Three and sometimes referred to herein as the Easement Area. Owner and Subdivider grant to the City the following rights in conjunction with the Easement: 1. The right of grading said Easement Area for the full width thereof, and the right to extend the cuts and fills for such grading into and on said land along and outside of said Easement Area as the City may find reasonably necessary. 2. The right from time to time to trim, to cut down and clear away all trees and brush on said Easement Area, and on either side of the Easement Area, which now or hereafter in the opinion of the City may be a hazard to said facilities or may interfere with the City's rights hereunder in any manner. The City shall indemnify Owner and Subdivider and the Association against any loss or damage which shall be caused by the negligent exercise of any ingress or egress, construction, use or maintenance by the City or its agents or employees in the course of their employment. Owner and Subdivider 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 Owner and Subdivider and Association shall not erect or construct any building, fence, retaining wall, or other structure, plant any trees, drill or operate any well, or construct any reservoir or other obstruction on said area, or diminish or substantially add to the ground cover over said Easement Area. Any such improvement installed within the easement area, with or without City approval, may be removed by the City without compensation or replacement. Owner and Subdivider and the Association shall maintain the area within the easement area free from weeds and debris and shall in no event fill or prevent the storm water detention facilities to be filled in, and the Owner and Subdivider and the Association also agree to maintain its land so as to minimize erosion in and around the Easement Area. \1 Owner and Subdivider do hereby covenant with the City that it is lawfully seized and possessed of the real estate above described, and that they have a good and lawful right to convey it, or any part thereof. Nothing in this Agreement shall be construed to impose a requirement on the City to install the original improvements herein described nor shall the Owner be deemed as acting as the City's agent during the original construction and installation of said improvement. The obligation to install the improvements shall be a lien on the land within the subdivision and upon satisfactory completion thereof, the City shall issue a release acknowledging construction in accordance with this Agreement After completion of the storm water detention facility, the Owners and Subdivider and the Association and their 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. This obligation for maintenance will be transferred and become the obligation of the Homeowners Association formed in part for this purpose. The provisions hereof shall successors and assigns of the covenants shall apply to and run the land. inure to the benefit of and bind the respective parties hereto, and all with the land and with the title to S/ DATED as of this J day of April, 2016. OWNER: CBD LLC by: frey Clark, Member and Ma ger CITY: By: James Throgmortor, Mayor Approved by: City Attorney V[sl/ o STATE OF IOWA ) ) ss: ATTEST: Mari K. Karr, City Clerk \1 JOHNSON COUNTY ) This instrument was acknowledged before me on the I day of April, 2016 by Jeffrey Clark, Member and Manager of CBD LLC. lwt 1 Notary Purlic in and for said State STATE OF IOWA ) )ss: JOHNSON COUNTY ) This instrument acknowledged before me this S -H%- day of April, 2016, by James Throgmorton and Marian K. Karr, as the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa. Notary Public in and for said State KE'S Io K. TU LE Ej commission Number 221819 My Co MIs or Expires IN DAWN MARIE LAIR o j. ow Commission Number 787138 My Commission Expires November 21,20 17 This instrument acknowledged before me this S -H%- day of April, 2016, by James Throgmorton and Marian K. Karr, as the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa. Notary Public in and for said State KE'S Io K. TU LE Ej commission Number 221819 My Co MIs or Expires IN CERTIFICATE OF COUNTY TREASURER I, Thomas L. Kriz, Johnson County Treasurer, certify that all real estate taxes and special assessments have been paid with reference to the property described below as of the date of this certificate. Beginning at the Southeast Corner of the Northeast Quarter of the Northwest Quarter of Section 7, Township 79 North, Range 5 West, of the Fifth Principal Meridian, Iowa City, Johnson County, Iowa and the Southeast Corner of Auditor's Parcel 2005094, in accordance with the Plat thereof Recorded in Plat Book 50 at Page 104 of the records of the Johnson County Recorder's Office; Thence N87008'03"W, along the South Line of said Auditor's Parcel 2005094, a distance of 662.17 feet, to the Southwest Corner of said Auditor's Parcel 2005094; Thence N00°58'25"W, along the West Line of said Auditor's Parcel 2005094, a distance of 776.57 feet; Thence NO1°14'19"W, along said West line, 362.04 feet, to its intersection with the Southerly Right -of -Way Line of Herbert Hoover Highway; Thence Northeasterly, 95.54 feet along said Southerly Right -of -Way Line on a 539.98 foot radius curve, concave Southeasterly, whose 95.42 foot chord bears N61013102"E; Thence continuing Northeasterly 235.58 feet along said Southerly Right -of -Way Line on a 1085.92 foot radius curve, concave Southeasterly, whose 235.12 chord bears N81010'32"E; Thence S88°01'46"E, along said Southerly Right -of -Way Line, 99.16 feet; Thence N89°46143"E, along said Southerly Right -of -Way Line, 251.32 feet, to a Point on the East Line of said Auditor's Parcel 2005094; Thence S00043154"E, along said East Line, 1251.23 feet, to the Point of Beginning. Said Tract of Land contains 18.64 Acres, and is subject to easement and restrictions of record. I 2h - Dated as of this day of April, 2016. Thomas L. Kriz, County Treasurer Parcel #: J / 6170ol &c t \1 UTILITY EASEMENT AGREEMENT Churchill Meadows Parts Two and Three In consideration of the approval of the Final Plat of Churchill Meadows Parts Two and Three, the undersigned hereby grants to MidAmerican Energy, Centurylink Corporation, MediaCom Iowa, L.L.C., and the City of Iowa City, and their successors, and assigns (hereinafter "Grantees") a perpetual easement upon, over, under, along and across the areas marked upon the Final Plat of Churchill Meadows Parts Two and Three as "10.0' Wide Utility Easement" "15.0' Wide Utility and Storm Sewer Easement" "15.0' Utility Easement" and "50.0 Foot wide Access, Sanitary Sewer, Storm Sewer, and Utility Easement" referred to herein as the "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; the right to trim, cut down and remove such trees, brush, saplings and bushes as may interfere with the proper construction, maintenance, operation or removal of said facilities, equipment and appurtenances; and the right of ingress and egress for all of the purposes aforesaid. Grantees shall promptly backfill any trench made by them, and repair any damages caused by them within the easement area. Grantees shall indemnify Grantor against unreasonable loss or damage which may occur in the negligent exercise of the easement rights by the City. Grantor, its successors in interest and assigns, reserve the right to use said Easement Areas for purposes which will not interfere with the Grantee's full enjoyment of rights hereby granted; provided that Grantor shall not erect or construct any reservoir, fence, retaining wall or other obstruction on said areas, or diminish or substantially add to the ground cover over said Easement Areas. No permanent dwellings or trees shall be placed on the areas so designated for Utility Easements, but with advance written authorization from the Grantee's Representatives the same may be used for gardens, shrubs, plantings, minor landscaping and other purposes that do not then or later interfere with the aforesaid uses or the rights herein granted, but such items placed in the Easement Area, with or without City approval, may be removed by the Grantees without compensation or replacement. However, the Grantor shall have the right to construct, repair, and maintain a retaining wall to support the private drive within the Subdivision in accordance with construction plans approved by the City. If the City removes or damages the retaining wall or paving in exercise of rights under this or other easements granted to the City the City shall restore or repair the retaining wall or paving to substantially \1 J I the same condition in which 5l' Dated as of this L day of GRANTOR: it existed prior to the work. April, 2016. CBD LLC J frey Clark, Member and Manager CIT By: James Throgmorton, Mayor Approved by: City Attorney `s- ,o STATE OF IOWA ATTEST: Mari n K. Karr, City Clerk )ss: JOHNSON COUNTY ) This instrument acknowledged before me this day of April, 2016, by Jeffrey Clark, Member and Manager of CBD LLC. (/)51,f rR az No ary Pub rn and for said State da' DAWN MARIE LAIR o Commission Number 787138 My Commission Expires STATE OF IOWA ) ow November 21, 2017 )ss: JOHNSON COUNTY ) This instrument acknowledged before me this 54'k- day of April, 2016, by James Throgmorton and Marian K. Karr, as the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa. f< -f_. -ice rc- )�' Notary Public in and for said State '^r KELLIE K. TUTTLE Commiss!on Number 221819 ��rpv14- My Co miss' n Elmlres \1 SUBDIVIDER'S AGREEMENT CHURCHILL MEADOWS PARTS TWO AND THREE, IOWA CITY, IOWA THIS AGREEMENT made by and between CBD LLC, hereinafter called "Owner" or "Subdivider", and the City of Iowa City, Iowa, a municipal corporation hereinafter called the "City". IT IS HEREBY AGREED AS FOLLOWS: Section 1. Public improvements. In consideration of the City approving the Plat of Churchill Meadows Parts Two and Three, Iowa City, Iowa, hereinafter the "Subdivision", the Owner and the Subdivider agree as a covenant running with the land as follows: Subject to Section 5, the City shall not issue a Building Permit for any of the lots in the Subdivision unless and until water mains, sanitary sewers, storm sewers and drainageways, the storm water management facilities, and concrete street paving at least 28 feet in width on American Pharaoh Drive, Unbridled Avenue, Charismatic Lane, and Grindstone Drive, an 8' wide sidewalk off-site from the existing sidewalk adjacent to Lot 48, Olde Towne Village to American Pharaoh Drive, a sidewalk adjacent to Outlot A, and the temporary turn around for Charismatic Lane 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 Code of Ordinances. Nothing in this Agreement shall be construed to impose a requirement on the City to install the original improvements at issue herein. Nor shall the Owner and the Subdivider be deemed acting at the City's agent during the original construction and installation of said improvements. The parties agree that the obligation to install the improvements herein shall be in accordance with City specifications or approved plans, and the obligation to install said improvements shall remain with the Owner and the Subdivider until completion by the Subdivider, and until acceptance of the improvements by the City, as provided by law. Section 2. Storm Water Management. The Owner shall install and maintain a storm water management facility on this development. The Owner and the Subdivider is responsible to install and maintain storm sewers and drainage swales, which together will transport and convey the peak rate of runoff 1 N1 generated from a 100 year return frequency storm through the development. In consideration of the City approving the subdivision, the Owner and Subdivider agree as a covenant running with the land that, except as provided in this Agreement, the City need not issue a building permit for any lot in the Subdivision until the Storm Water Management Facility ("Facility"), including the site work incident thereto, and the associated storm sewers and drainage swales, the easements for which are shown on the Final Plat filed herewith, have been installed by the Owner and Subdivider. Owner and Subdivider agree that the duty to maintain the Facility shall remain on the Owner and Subdivider, the present owner of the Facility, and their successors and assigns in interest, including a not for profit owners association formed in part for that purpose. Said maintenance shall comply with the City's Storm Water Management Ordinance, Title 16, Chapter 3, Article G, as amended. Section 3. Construction of Improvements. All Improvements and the facility described in Sections 1 and 2 of this Agreement shall be constructed and installed by the Owner and the Subdivider according to plans and specifications approved by the City Engineer of the City of Iowa City, who shall have the right to make occasional inspection of'the work in progress. Such inspections shall not relieve or release the Subdivider from its responsibility to construct said Improvements and Facility in accordance with the approved plans and specifications. Further, said inspections shall not create a duty or warranty on the part of the City that the construction of said Improvements and Facility is in compliance with said plans and specifications. Section 4. Sidewalks. The Owner and the Subdivider agree to install sidewalks abutting each of the platted lots in said Subdivision adjacent to American Pharaoh Drive, Unbridled Avenue, Charismatic Lane, and Grindstone Drive. Said sidewalk shall be at least 5 feet in width, and 8 feet in width adjacent to Lot 1 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. Except as provided below, the Owner and the Subdivider, or its successor(s), shall install the sidewalk abutting each numbered lot in the Subdivision when each such lot is developed, prior to the issuance of an occupancy permit for the dwelling on the Lot. Section 5. Building Permits and Escrow Monies. 2 t1 In the event the Owner and the Subdivider, its assigns or successors in interest should desire a building permit on any lot in the Subdivision before the Improvements and Facility have been installed, the Owner and the Subdivider, its assigns or successors in interest, shall deposit with the City Finance Department, in escrow, an amount equal to 110% of the estimated cost of said Improvements and Facility as determined by the City Engineer (hereinafter "Improvements Escrow"). In addition to the Improvements Escrow, if Subdivision Erosion Control measures have not been installed, with ground cover established by growth, the City may require, as a condition to the issuance of the first building permit for construction within the Subdivision, that the Owner and the Subdivider deposit in escrow with the City the sum of $2,000.00 (the "Erosion Clean -Up Escrow") to assure reimbursement for the cost of cleaning public streets, storm sewers, gutters or catch basins, which may be incurred by the City as a result of erosion from any lot in the Subdivision. The Owner and the Subdivider shall be responsible for the cost of any such clean-up and to the extent that the Subdivider fails to accomplish erosion clean-up after reasonable notice from the City, the City is hereby authorized, but not obligated, to do the work and to charge the cost thereof to the Erosion Clean -Up Escrow, if adequate, and to charge any excess costs to the Owner and the Subdivider. If the Erosion Clean -Up Escrow is insufficient to pay the costs incurred by the City, the Owner and the Subdivider shall promptly reimburse the City for the excess costs incurred. The unused balance of the Erosion Clean -Up escrow shall be ,returned to the Owner and the Subdivider after erosion control measures have been installed, and ground cover has been established by growth. After the Erosion Clean -Up and Improvements Escrows have been established, the building inspector of the City is authorized to issue a building permit if the applicant is in compliance with all other applicable requirements and ordinances of the City. Section 6. Occupancy Permit. Prior to the issuance of an occupancy permit for any structure erected pursuant to Section 5, the City in its discretion may require the Owner and the Subdivider, its assigns or successors in interest, to construct and install the Improvements, Facility, and sidewalks as required by this Agreement. Section 7. Use of Escrow Monies. If, after the issuance of an occupancy permit, the Improvements and Facility have not been constructed and installed, the City may use funds deposited in the Improvements Escrow to construct and install such Improvements and Facility. If the cost of the construction and installation of said Improvements and Facility exceeds the amount of 3 �1 said escrow, the City shall have a lien and charge against all the lots in the Subdivision for the balance of the cost. After the construction and installation of the Improvements and Facility, the City shall refund to the Owner and the Subdivider any Improvements and Facility Escrow monies not used by the City for the construction and installation of such improvements. Section 8. Waiver. If the Owner and the Subdivider sell or convey lots in said Subdivision without constructing or installing the Improvements and Facility; or the Owner and the Subdivider fail to install and/or repair sidewalks required in Section 4 hereof, the City shall have the right to install and construct said Improvements, Facility, and/or repair sidewalks. Owner and Subdivider acknowledge and agree that all lots in the Subdivision are specifically benefitted by the Improvements and Facility so that the cost of the installation shall be a lien and charge against all of the lots in the Subdivision. The cost of Improvements and Facility need not meet the requirements of notice, benefit or value as provided by the law of the State of Iowa for assessing such improvements. The cost of installing/ repairing the sidewalks shall be a lien and charge only against the lot or lots abutting or in front of which such sidewalks are to be installed. It is further provided that these requirements to construct the Improvements and Facility and install and/or repair sidewalks shall remain a lien against the lots in the Subdivision from the date of this Agreement until properly released, as hereinafter provided. Section 9. Release. The City agrees that when the Improvements and Facility have been installed as required to the satisfaction of the City, the City will, upon request, promptly issue to the Owner and the Subdivider, for recording in the Office of the Johnson County Recorder, a good and sufficient release for the lots in the Subdivision so that this Agreement will not constitute a cloud upon the title of the lots in the Subdivision. Separate sidewalk lien releases shall be issued for individual lots when appropriate. The Mayor and City Clerk, with the concurrence of the City Attorney and City Engineer, are hereby authorized to execute the releases contemplated by this section. This section also authorizes the execution of one or more Limited Release Agreements, based on the use of escrows for improvements as contemplated in Section 5 above, as may be acceptable to the City. 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 F41 \1 obligations, provided the City Engineer certifies 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. (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 basins have the required storage capacity Section 10. Street Maintenance and Public Services. Owner and Subdivider agree that public services, including but not limited to street maintenance, traffic control, snow removal, and solid waste collection, will not be extended to the Subdivision until the concrete streets are installed and accepted by the City. Section 11. Miscellaneous. A. All electrical, telephone and cable television service and distribution lines shall be installed underground. B. Outlot A is being reserved for and shall be used for, the installation of mailbox clusters for US Postal Service mail distribution within the Subdivision, and shall be maintained by a homeowner's association. They shall be owned and maintained by Owner until transfer of ownership to the association. C. Plat notes and surveyor's notes on plats serve to provide notice of how a subdivision is expected to develop. Said notes are not intended to create any vested private interest in any stated use restriction or covenant, or create any third party beneficiaries to any noted use restriction or covenant. The City reserves the right, in its 5 \1 sole discretion, subject to any applicable public notice and 'approval process required by law, to alter or amend any plat note, or to sell or vacate any right-of-way, street, alley, park, easement, open area or other land set apart and dedicated for public use within the plat. The City further reserves the right, upon request of the owner or successor in interest, to vacate the plat and/or relocate any easement, alter lot boundaries or allow said land to be replatted subject to any applicable public notice and approval process required by law. D. The City shall not issue a building permit for any lot in the Subdivision until such time as the Owners and Subdivider have paid a water main extension fee in the amount of $8,108.40($435.00 per acre multiplied by 18.64 acres) to the City pursuant to the City Code. E. Lot 1 shall have no direct vehicular access to Herbert Hoover Highway. All vehicular access shall be by American Pharaoh Drive and Unbridled Avenue. F. Subdivider also agrees to pay the City $11,621 in lieu of dedicating 23,009 square feet acres for neighborhood open space pursuant to the provisions of Section 14-5K-6 of the Iowa City Code of Ordinances, which fee shall be paid prior to the issuance of building permits for lots within the Subdivision. This fee shall be deposited and administrated according to Section 14-5K-6 of the Iowa City Code of Ordinances. G. The City shall not issue a building permit for any lot in the Subdivision until such time as the Owners and Subdivider have paid a sanitary sewer tap -on fee in the amount of $19,353.17 ($1,038.26 per acre multiplied by 18.64 acres) to the City pursuant to the City Code. 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 as of this day of April, 2016. OWNER: CBD LLC by:. Je frey Clark, Member and Ma er 11 CITY: By: James Throgmorton, Mayor/J/a/�mes Throgmm000rrrt/o�n�"XMay��or _ Approved by: City Attorney STATE OF IOWA ss: JOHNSON COUNTY ATTEST: J 4"' .J�� Mari K. Karr, City Clerk This instrument was acknowledged before me on the I day of April, 2016 by Jeffrey Clark, Member and Manager of CBD LLC. Notary Pu lic in and for said State DAWN MARIE LAIR Commission Number 787138 My Commission Expires ow November21,2017 STATE OF IOWA ) )ss: JOHNSON COUNTY ) This instrument acknowledged before me this 54-'- day of April, 2016, by James Throgmorton and Marian K. Karr, as the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa. -1 Notary Public in and for said State oqY "� KELLIE K. TUTTLE Comr�iission Number 221818 • My Co missi n Expires Yl a 7 \1 1 TEMPORARY TURN AROUND EASEMENT AGREEMENT CHURCHILL MEADOWS PARTS TWO AND THREE, IOWA CITY, IOWA For the sum of One Dollar and other valuable consideration, the undersigned Owner hereby grants to the public and the City of Iowa City, a perpetual City service access easement upon, over, under, along, and across the temporary turnaround area at the south end of Charismatic Lane on Lots 35 and 36 as shown upon the approved Final Plat of Churchill Meadows Parts Two and Three. This easement grants to the City and its service vehicles, employees and agents a means of ingress, egress and passage over the easement areas for all official acts and City services. Additionally, the Iowa City Fire Department is hereby granted an access easement with the right of access over and across the above-described easement areas, which right includes the right of vehicular turn -around and non- emergency access and posting for the purposes of enforcing Fire Safety Standards under the Uniform Fire Code, as amended. The City's Police Department is authorized to ticket, tow, or cause to be towed, pursuant to the Code of Iowa, as amended, any motor vehicle that has been parked or placed upon the temporary easement areas in violation of the parking laws of the City and State of Iowa. This Agreement shall serve as appropriate notice for such authorization to City's Police Department under the Code of Iowa, as amended. The City shall have no responsibility for maintaining the easement area. Grantors, their successors in interest and assigns, reserve the right to use said easement areas for purposes which will not interfere with the Grantee's full enjoyment of rights hereby granted; provided the Grantors shall not erect or construct any structure, reservoir, retaining wall, or other obstruction on said areas. The Owner hereby covenants that it is lawfully seized and possessed of the real estate described above, and that it has good and lawful right to convey it or any part thereof. The term of this easement will be until Charismatic Lane is extended in a southerly direction and shall terminate when the paving of that extension of Charismatic Lane is accepted by the City. 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 as of this �sr day of April, 2016. \-A OWNER: CBD LLC by of rey Clark, Member and M 251 r CITY By:'T James Throgmorton, Mayor Approved by: City Attorney yf�llcD STATE OF IOWA ATTEST: Maria K. Karr, City Clerk ss: JOHNSON COUNTY ) This instrument was acknowledged before me on the day of April, 2016 by Jeffrey Clark, Member and Manager of CBD LLC. Notary P bl'c i Wow DAWN MARIE LAIR STATE OF IOWA Commission Number 787136 My Commission Expiresss• November 21, 2017 JOHNSON COUNTY ) This instrument acknowledged before me this 5-H— day of April, 2016, by James Throgmorton and Marian K. Karr, as the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa. I� > w. TH ce✓ Notary Public in and for said State p�,�+�1 KELLIEK.TUT(LE lion CoMy�ColJmisslonQE><pl .99 1• UW •]11 \1 Page 4 of 1 3 Type; GEN at 02:06:62 PM 1 of 43 EK5496 Pa53-95 STATE OF IOWA ) ) SS JOHNSON COUNTY ) � ? 1 1111�11.m.ii2I IN CITY OF IOWA CITY 410 East Washington SIrcct Iowa City. Iowa 52240-1826 (219) 356.5000 (319) 356-5009 FAX www.lcgov.org I, Marian K. Karr, City Clerk of Iowa City, Iowa, do hereby certify that the Resolution attached hereto is a true and correct copy of Resolution No. 16-77, which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 5th day of April, 2016, all as the same appears of record in my office. Also attached are the final legal documents for St Andrew Presbyterian Church, Part One, Iowa City, Iowa. Dated at Iowa City, Iowa, this .�v day of1 , 2016. 24rd� ,SCJ • &� 2 Marian . Karr City Clerk fires subdivision Book: 5496 Page: 53 Seq:I A? 4d(3) Prepared by: Robert Miklo, Senior Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5240 (SUB15-00028) RESOLUTION NO. 16-77 RESOLUTION APPROVING FINAL PLAT OF ST. ANDREW PRESBYTERIAN CHURCH - PART ONE, IOWA CITY, IOWA. WHEREAS, the owner, St. Andrew Presbyterian Church, filed with the City Clerk the final plat of St. Andrew Presbyterian Church - Part One, Iowa City, Iowa, Johnson County, Iowa; and WHEREAS, said subdivision is located on the following -described real estate in Iowa City, Johnson County, Iowa, to wit: AUDITOR'S PARCEL 2012062 AS RECORDED IN BOOK 57, PAGE 9 IN THE OFFICE OF THE JOHNSON COUNTY, IOWA RECORDER ALSO BEING PART OF THE WEST FRACTIONAL ONE-HALF OF THE SOUTHWEST QUARTER OF SECTION 7, TOWNSHIP 79 NORTH, RANGE 6 WEST OF THE 5TH PRINCIPAL MERIDIAN, IOWA CITY, JOHNSON COUNTY, IOWA DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF AUDITOR'S PARCEL 2012062; THENCE N88043'06"E 1562.51 FEET ALONG THE NORTH LINE OF AUDITOR'S PARCEL 2012062 TO THE NORTHEAST CORNER OF AUDITOR'S PARCEL 2012062; THENCE SO -05'11"W 978.41 FEETALONG THE EAST LINE OF AUDITOR'S PARCEL 2012062 TO THE SOUTHEAST CORNER OF AUDITOR'S PARCEL 2012062; THENCE N89`19'26"W 1457.29 FEET ALONG THE SOUTH LINE OF AUDITOR'S PARCEL 2012062 TO THE SOUTHWEST CORNER OF AUDITOR'S PARCEL 2012062; THENCE N9'31'39"W 504.26 FEET ALONG THE WESTERLY LINE OF AUDITOR'S PARCEL 2012062; THENCE S88°58129"W 12.18 FEET ALONG SAID WESTERLY LINE TO THE WEST LINE OF NORTHWEST FRACTIONAL QUARTER OF SAID SOUTHWEST QUARTER; THENCE Nl°02'35"W 429.25 FEET ALONG SAID WEST LINE TO THE POINT OF BEGINNING. SAID AUDITOR'S PARCEL CONTAINS 33.37 ACRES, SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. Department examined the proposed WHEREAS, the Neighborhood and Development Services Department and the Public Works final plat and subdivision, and recommended approval; and WHEREAS, a dedication has been made to the public, and the subdivision has been made with the free consent and in accordance with the desires of the owners and proprietors; and WHEREAS, said final plat and subdivision are found to conform with Chapter 354, Code of Iowa (2015) and all other state and local requirements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA \q Resolution No. 16-77 Page 2 CITY, IOWA, THAT: 1. The said final plat and subdivision located on the above-described real estate be and the same are hereby approved. 2. The City accepts the dedication of the streets and easements as provided by law and specifically sets aside portions of the dedicated land, namely streets, as not being open for public access at the time of recording for public safety reasons. 3. The Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed, upon approval by the City Attorney, to execute all legal documents relating to said subdivision, and to certify a copy of this resolution, which shall be affixed to the final plat after passage and approval by law. The City Clerk shall record the legal documents and the plat at the office of the County Recorder of Johnson County, Iowa at the expense of the owner/subdivider. Passed and approved this 5th day of April 2016. MAYPR ATTEST: C�.Lri CITY CEERK Approved by 4i Ai Attomey's office j 2g It was moved by Mims and seconded by sotchwav the Resolution be adopted, and upon roll call there were. AYES: NAYS: ABSENT: Thomas Mims Botchway Dickens Cole Taylor Throgmorton pcMemplales/Flnal Pial- Resolution(4).doc.doc 4 Prepared by and return to: Michael W. Kennedy 920 S. Dubuque Street Iowa City Iowa CONSENT OF OWNER AND DEDICATION ST. ANDREW PRESBYTERIAN CHURCH - PART ONE (319)351-8181 St. Andrew Presbyterian Church - Part One 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 St. Andrew Presbyterian Church does further state the subdivision of said real estate as it appears on the Final Plat of St. Andrew Presbyterian Church - Part One 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 St. Andrew Presbyterian Church - Part One, Iowa City, Iowa, are hereby dedicated to the public, as provided by Chapter 354 of the 2015 Code of Iowa, as amended. DATED this day of p 2016. ST. ANDREW PRESBYTERIAN CHURCH Owner By• J vhat-no Kelly LaM, President 1t STATE OF IOWA ) ) SS: COUNTY OF JOHNSON ) This instrument was acknowledged before me on Ln') 2016 by Kelly Lamb, as President of St. Andrew Presbyterian Ch rch. 16469.2/2016-3-9 Consent of Owner and Dedication 0b IiCN11ELY1 K@pY �� .,cmium VYNumbu109W8 arx March 1 2019 -2- R EXHIBIT A LEGAL DESCRIPTION - ST ANDREW PRESBYTERIAN CHURCH - PART ONE AUDITOR'S PARCEL 2012062 AS RECORDED IN BOOK 57, PAGE 9 IN THE OFFICE OF THE JOHNSON COUNTY, IOWA RECORDER ALSO BEING PART OF THE WEST FRACTIONAL ONE-HALF OF THE SOUTHWEST QUARTER OF SECTION 7, TOWNSHIP 79 NORTH, RANGE 6 WEST OF THE 5TH PRINCIPAL MERIDIAN, IOWA CITY, JOHNSON COUNTY, IOWA DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF AUDITOR'S PARCEL 2012062; THENCE N88043'06"E 1562.51 FEET ALONG THE NORTH LINE OF AUDITOR'S PARCEL 2012062 TO THE NORTHEAST CORNER OF AUDITOR'S PARCEL 2012062; THENCE S0005'11"W 978.41 FEET ALONG THE EAST LINE OF AUDITOR'S PARCEL 2012062 TO THE SOUTHEAST CORNER OF AUDITOR'S PARCEL 2012062; THENCE N89019'26"W 1457.29 FEET ALONG THE SOUTH LINE OF AUDITOR'S PARCEL 2012062 TO THE SOUTHWEST CORNER OF AUDITOR'S PARCEL 2012062; THENCE N9031'39"W 504.26 FEET ALONG THE WESTERLY LINE OF AUDITOR'S PARCEL 2012062; THENCE S88058'29"W 12.18 FEET ALONG SAID WESTERLY LINE TO THE WEST LINE OF NORTHWEST FRACTIONAL QUARTER OF SAID SOUTHWEST QUARTER; THENCE N1"02'35"W 429.25 FEET ALONG SAID WEST LINE TO THE POINT OF BEGINNING. SAID AUDITOR'S PARCEL CONTAINS 33.37 ACRES, SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. 6 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 TEMPORARY TURN AROUND EASEMENT ST. ANDREW PRESBYTERIAN CHURCH - PART ONE This Agreement is made and entered into by and between St. Andrew Presbyterian Church , referred to herein as "Owner" and the City of Iowa City referred to herein as "City." Owner grants to the public a perpetual City service access easement upon, over, under, along and across the temporary turnaround area at the end of Gathering Place Lane as shown upon the attached Exhibit A, herein "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, reserve the right to use said Easement Area for purposes which will not interfere with the Grantee's full enjoyment of rights hereby grants; provided the Grantor shall not erect or construct any structure, reservoir, retaining wall, or other obstruction on said areas. Any improvements placed in the Easement Area, with or without City approval, may be removed by the City without compensation or replacement. Owner hereby covenants that it is lawfully seized and possessed of the real estate described above, and that it has good and lawful right to convey it or any part thereof. M The term of this Easement shall be until Gathering Place Lane is extended in a northerly direction from St. Andrew Presbyterian Church — Part One and shall terminate when the paving of that extension of Gathering Place Lane is accepted by the City. 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 g6hday of 2016. ST. ANDREW PRESBYTERIAN CHURCH Owner By: Kelly L /President STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this day off 2016, before me, the undersigned, a Notary ✓i Public in and for the state, perso ally appeared Kelly Lamb, to me personally known, who being by me duly sworn, did say that the person is President of St. Andrew Presbyterian Church, and that the instrument was signed on behalf of the partnership by authority of the partners; and the partner acknowledged the execution of the instrument to be the voluntary act and deed of the partnership by it and by the partner voluntarily executed. �V50nt s MICHAEL W. KENNEDY _ Comm ssion Number 109019 MCww*miana 2x 9 ba ILI CITY OF IOWA CITY, IOWA BY:' igMesThrograorton, M yor BY:I�/(�ur�rri marfan K. Karr, City Clerk STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this 2-15+11day ofYl 2016, before me, the undersigned, a n wa, personally appeared Jaotary public in and for the State of Iomes Throgmorton and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said municipal corporation; that said instrument was signed and sealed on behalf of said municipal corporation by authority of its City Council, and that the said Mayor and City Clerk as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. KELLIE K. TUTTLE T CommisslonNumber 221819 _ �l`e V. T 1I 1 My Co miss on Expires _ J lam(. t � Le.� ew Notary Public in and for Johnson County, Iowa 16469.2/2016-44 Temporary Turnaround Easement -3- EXHIBIT 4 TEMPORARY TURNAROUND EASEMENT PART OF AUDITOR'S PARCEL 2012062 IOWA CITY, JOHNSON COUNTY, IOWA I I .. / N.W. COR. I 2062+ R m N.W. FRL 1/4-S.W. 1/4 15, (WEST 1/4 COR.) 1 "�"�� 15' UTILITY DCS.C.M 7. 79N, R6W IS' UTILITY jr—EASEMENT4 S `1 ' SURVEY WORK 4 PER 4/ 0/12U 1 Ams Vro 0 N88'57'25'E i OUTLOT A 7.22 ACRES WEST LINE SEC. 7, T79N, R6W 3 3 0 25 50 75 100 " GRAPHIC SCALE IN FEET P SCALD 1"=50' vi SW COR.-N.W. 1 l-FRL 1/4-S.W. 1/4 SEC. 7, T79N, R6W FD. 5/8' REBAR W/OPC 812802 SURVEY LEGEND 15' O SET 1/2" REBAR W/YPC NO. 18769 ------------ EASEMENT LINE PLAT OR SURVEY BOUNDARY SURVEY PREPARED FOR - ST. ANDREW PRESBYTERIAN CHURCH 1300 MELROSE AVENUE IOWA CITY, IOWA 52241 (319)-338-7523 OWNER: ST. ANDREW PRESBYTERIAN CHURCH 1300 MELROSE AVENUE IOWA CITY, IOWA 52241 (319)-338-7523 ENGINEER: HALL & HALL ENGINEER'S, INC. 1860 BOYSON ROAD HIAWATHA, IOWA 52233 (319)-362-9548 z a1 z� N r CMLENGINEEyNG •LpNOSCPPEANGHf1EC{pryE IANDSIIRVEYING "IgNp pEVEIOFMEMPWJWNG w.vvlupen -signed by. DLK Drawn by. DLK Checked by. (3 30.00' 30.00' LOT 1 24.21 ACRES LEGAL DESCRIPTION -TEMPORARY TURNAROUND EASEMENT: PART OF AUDITOR'S PARCEL 2012062 AS RECORDED IN BOOK 57, PAGE 9 IN THE OFFICE OF THE JOHNSON COUNTY, IOWA RECORDER LOCATED IN THE NORTHWEST FRACTIONAL QUARTER OF THE SOUTHWEST QUARTER OF SECTION 7, TOWNSHIP 79 NORTH, RANGE 6 WEST OF THE 51H PRINCIPAL MERIDIAN, JOHNSON COUNTY, IOWA DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF THE NORTHWEST FRACTIONAL QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 7; THENCE N1'02'35"W 248.52 FEET ALONG THE WEST LINE OF SAID SECTION 7; THENCE N88'57'25"E 440.67 FEET TO THE POINT OF BEGINNING; THENCE N88'43'06"E 30.00 FEET; THENCE S1'16'54"E 60.00 FEET; THENCE S88'43'06"W 30.00 FEET; THENCE N1'16'54"W 60.00 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 0.04 ACRE, SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. 11 e �• "n s a o n Sheet Title: A EXHIBIT A O0 y A " Ln m x " TEMPORARY TURNAROUND EASEMENT R l o _ z m PART OF AUDITOR'S PARCEL 2012062 S R IOWA CITY, JOHNSON COUNTY, IOWA Prepared by and return to: Michael W. Kennedy, 920 S. Dubuque Street, P.O. Box 2000, Iowa City, IA 52744-2000, Phone: (319) 351-8181 STORM WATER DETENTION EASEMENT AGREEMENT ST. ANDREW PRESBYTERIAN CHURCH - PART ONE St. Andrew Presbyterian Church, hereinafter "Owner" or "Subdivider" of the real estate described as St. Andrew Presbyterian Church - Part One, Iowa City, Iowa, on the Final Plat thereof, hereby grants to the City of Iowa City, Iowa an easement for construction, operation and maintenance of stormwater control structures and stormwater control facilities, together with a right of ingress and egress thereto over and across that portion of St. Andrew Presbyterian Church - Part One, labeled as "Stormwater Management Easement," as shown upon on the Final Plat of St. Andrew Presbyterian Church - Part One and sometimes referred to herein as the Easement Area. Owner and Subdivider grants to the City the following rights in conjunction with the Easement: 1. The right of grading said Easement Area for the full width thereof, and the right to extend the cuts and fills for such grading into and on said land along the outside of said Easement Area as the City may find reasonably necessary. 2. The right from time to time to trim, to cut down and clear away all trees and brush on said Easement Area, and on either side of the Easement Area, which now or hereafter in the opinion of the City may be a hazard to said facilities or may interfere with the City's rights hereunder in any manner. The City shall indemnify Owner and Subdivider against any loss or damage which shall be caused by the negligent exercise of any ingress or egress, construction, use or maintenance by the City or its agents or employees in the course of their employment. Owner and Subdivider 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 Owner and Subdivider and Association shall not erect or construct any building, fence, retaining wall, or other structure, plat any trees, drill or operate any well, or construct any reservoir or other obstruction on said area, or diminish or substantially add to the ground cover over said Easement Area. Any such improvement installed within the easement area, with or without City approval, may be removed by the City without compensation or replacement. Owner and Subdivider shall maintain the area within the easement area free from weeds and debris and shall in no event fill or prevent the storm water detention facilities to be filled in, and the Owner and Subdivider and the Association also agree to maintain its land so as to minimize erosion in and around the Easement Area. Owner and Subdivider do hereby covenant with the City that it is lawfully seized and possessed of the real estate above described, and that they have a good and lawful right to convey it, or any part thereof. Nothing in this Agreement shall be construed to impose a requirement on the City to install the original improvements herein described nor shall the Owner be deemed as acting as the City's agent during the original construction and installation of said improvement. The obligation to install the improvements shall be a lien on the land within the subdivision and upon satisfactory completion thereof, the City shall issue a release acknowledging construction in accordance with this Agreement. After completion of the storm water detention facility, the Owner and Subdivider and 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. 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 the run with the land and with the title to the land. DATED this qt day of ( 2016. ST. ANDREW PRESBYTERIAN CHURCH -2- STATE OF IOWA ) ) SS: COUNTY OF JOHNSON ) This instrument was acknowledged before me on. /7ji / 2016 by Kelly Lamb, as President of St. Andrew Presbyterian Chufch. t jz0---zj MiCNAELYILKEMMY yC*WAAWE 1089 *Otblic inandoreMyCom�dmExpiresMardi t, 2019ate of I a CITY OF IOWA CITY, IOWA BY: JapiesThrogniorton, Ma r BY:�Q�r����T X Marian K. Karr, City Clerk STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this 25� day of2016, before me, the undersigned, a notary public in and for the State of Iowa, personally appeared James Throgmorton and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said municipal corporation; that said instrument was signed and sealed on behalf of said municipal corporation by authority of its City Council; and that the said Mayor and City Clerk as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. Notary Public in and for the State of Iowa WMR 1819s16469.2/2016-4-1 Stormwater Detention Easement -3- \q SUBDIVIDER'S AGREEMENT ST. ANDREW PRESBYTERIAN CHURCH - PART ONE IOWA CITY, IOWA THIS AGREEMENT, made by and between St. Andrew Presbyterian Church, 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 St. Andrew Presbyterian Church - Part One an Addition to the City of Iowa City, Iowa, the Subdivider agrees, as a covenant running with the land that, except as provided in this Agreement, the City shall not issue any building permit on any lots in said subdivision unless and until sanitary sewers, water mains, storm sewers, drainageways, and concrete paving, specifically at least thirty-one (31) feet in width on Gathering Place Lane and Camp Cardinal Road from Camp Cardinal Boulevard to Gathering Place Lane; the temporary tum -around; 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 5426, Page 481, 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 re- quired by the City of Iowa City, Iowa, under its ordinances. (The sanitary sewers, water mains, storm sewers, drainageways, and concrete paving are hereinafter referred to as "Improvements"). Nothing in this Agreement shall be construed to impose a requirement on the City to install the original public improvements at issue herein. Nor shall the Subdivider be deemed acting as the City's agent during the original construction and installation of said Improvements. The parties agree that the obligation to install the public improvement(s) herein shall be in accordance with City specifications, and the obligation shall remain on the Subdivider until completion by the Subdivider, and until acceptance by the City, as by law provided. SECTION 2. STORMWATER MANAGEMENT The Subdivider is responsible for installing and maintaining stormwater management facilities within St. Andrew Presbyterian Church - Part One, which shall meet the requirements of the City's Stormwater 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 owners association formed in part for that purpose. Said maintenance )I - 2 - shall comply with the City's Storm Water Management Ordinance, Title 16, Chapter 3, Article G, as amended. SECTION 3. CONSTRUCTION OF IMPROVEMENTS. All Improvements described in Section 1 of this Agreement shall be constructed and installed by the Subdivider according to the plans and specifications approved by the City Engineer of the City of Iowa City, Iowa, who shall have the right to make occasional inspection of the work in progress. Such inspections shall not relieve or release the Subdivider from its responsibility to construct said improvements pursuant to the approved plans and specifications. Further, said inspections shall not create a duty or obligation on the part of the City to insure or certify that said improvements are constructed in conformance with said plans and specifications. SECTION 4. SIDEWALKS. The subdivider agrees to install sidewalks adjacent to Gathering Place Lane. 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 Gathering Place Lane 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. Subdivider further agrees to install a sidewalk at least five (5) feet in width along the east side of that portion of Camp Cardinal Road described in Section 1. This particular sidewalk shall be considered a public improvement to be installed prior to issuance of any building permit pursuant to Section 1. 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. - 3 - 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. The City shall refund to the Subdivider or depositor any Improvements Escrow monies not used by the City for the construction and installation of the Improvements. SECTION 8. WAIVER. 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 2015 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 M 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. (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) Prior to the issuance of a building permit for any lot in the subdivision, the Subdivider shall pay the City a water main extension fee in the amount of $14,515.95 ($435/acre x 33.37 acres). C) Prior to the issuance of a building permit for any lot in the subdivision, the Subdivider shall pay a sanitary sewer tap -on fee in the amount of $67,321.97 ($2,017.44/acre x 33.37 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 IL - 5 - 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. NEIGHBORHOOD OPEN SPACE FEE. Subdivider agrees to pay to the City a fee in the amount of $3,308.00 in lieu of dedicating 3,562 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. This fee is only for Lot 2 and does not satisfy any neighborhood open space obligation that may arise from the development of Outlot A, which may be imposed upon further development of said Outlot. 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 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 Dist day of 2016. ST. ANDREW PRESBYTERIAN CHURCH BY: 4r (,� ., idretd Ke y La President STATE OF IOWA ) ) SS: COUNTY OF JOHNSON ) This instrument was acknowledged before me on Mot eC 2016 by Kelly Lamb, as President of St. Andrew Presbyterian Chi rch. Ul / M a■lows N�Public it M"M �rME*= State of 1 2019 1 grim CITY OF IOWA CITY, IOWA G BY: J es Throgmorton, May e BY:2I.p-a.��vJ • A�� Marian K. Karr, City Clerk STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this Wkday of ESI 2016, before me, the undersigned, a notary public in and for the State of Iowa, personally appeared James Throgmorton and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said municipal corporation; that said instrument was signed and sealed on behalf of said municipal corporation by authority of its City Council; and that the said Mayor and City Clerk as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. Notary Public in and for Johnson County, Iowa ^� ICELLIE K. 7117-nE 16469.3/2016-4-19 Subdivider's Agreement � Commission Number721gig 4 ovi My Com issl n Expires 6 Prepared by and return to: Michael W. Kennedy 920 S. Dubuque Street Iowa City Iowa UNDERGROUND UTILITY EASEMENT ST. ANDREW PRESBYTERIAN CHURCH - PART ONE (319) 351-8181 In consideration of the approval of the Final Plat of St. Andrew Presbyterian Church - Part One, Iowa City, Iowa, the undersigned owner hereby grants to MidAmerican Energy Co., Qwest Communications, Mediacom, and 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 St. Andrew Presbyterian Church - Part One, 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 1`� may be used for gardens, shrubs, minor landscaping and other purposes that do not then or later interfere with the aforesaid uses or the rights herein granted. Grantees' rights, however, include the right to remove and/or clear away any such gardens, shrubs, minor landscaping, bushes and plantings within the easement area without compensation to Grantor or its successor in interest. DATED this ILI�day ofCL� 2016. ST. ANDREW PRESBYTERIAN CHURCH B1 y In , President STATE OF IOWA ) ) SS: COUNTY OF JOHNSON ) This instrument was acknowledged before me on-- -//V/?/ f 2016 by Kelly Lamb, as President of St. Andrew Presbyterian Cu ch. 1�%MAJs IpCFiAEL11kKEWMY z° CommiMM Nwrba 10aQ{p • • INy Gmnippn FtpkR awA M*rch 1 2019 16469.3/2016-3-9 Underground Utility Easement I Prepared by and return to: Michael W. Kennedy, 920 S. Dubuque Street, P.O. Box 2000, Iowa City, Iowa 52244-2000, Phone: (319) 351-8181 SANITARY SEWER, STORM SEWER AND DRAINAGEWAY EASEMENT AGREEMENT FOR ST. ANDREW PRESBYTERIAN CHURCH — PART ONE THIS AGREEMENT is made and entered into by and between St. Andrew Presbyterian Church, hereinafter called the "Owner," which expression shall include its successors in interest and assigns, and the City of Iowa City, Iowa, hereinafter referred to as the "City", which expression shall include its successors in interest and assigns. IT IS HEREBY AGREED AS FOLLOWS: For the sum of One Dollar and other valuable consideration, receipt of which is hereby acknowledged, the Owner hereby grants and conveys to the City, an easement for the purposes of excavating for and the installation, replacement, maintenance and use of such sanitary sewer, storm sewer and overland drainageways, pipes, mains and conduits, swales and ditches, as the City shall from time to time elect for conveying sewage and storm water, together with all necessary appliances and fittings for use in connection with said lines and adequate pro- tection thereof, and also a right-of-way with right of ingress and egress thereto over and across the areas designated as sanitary sewer easements, storm sewer easements and drainage easements (hereinafter "easement areas"), as shown on the Final Plat of St. Andrew Presbyterian Church — Part One, Iowa City, Iowa which plat is attached hereto and by this ref- erence made a part hereof, as well as a right of way with right of ingress and egress over and across the future parking lots in the above subdivision to access sanitary sewer manholes. The Owner further grants to the City the following rights in connection with the above: 1. The right of grading said easement areas for the full width thereof, and the right to extend the cuts and fills for such grading into and on said land along and outside of said easement areas, to such extent as the City may find reasonably necessary. 2. The right from time to time to trim, cut down and clear away all trees and brush on said easement areas, and to trim, cut down and clear 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 areas, or may interfere with the exercise of the City's rights hereunder in any manner. IW41 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 Owner against any loss and damage which shall be caused by the negligent exercise of any said ingress or egress, construction, maintenance by the City or its agents or employees in the course of their employment. The Owner reserves a right to use said easement areas for purposes which will not interfere with the City's full enjoyment of its rights hereby granted; provided that the Owner and lot owners shall not erect or construct any building, fence or other structures; plant any trees, drill or operate any well; or construct any reservoirs or other obstructions on said ease- ment areas; or diminish or substantially add to the ground cover upon said easement areas. Any such improvements installed thereon may be removed by the City without compensation or replacement. The Owner hereby covenants with the City that it are lawfully seized and possessed of the real estate above described, and that it has good and lawful right to convey it or any part thereof. Nothing in this Agreement shall be construed to impose a requirement on the City to install the original public improvements at issue herein. Nor shall the 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 public improvement(s) herein shall be in accor- dance 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. The provisions hereof shall inure to the benefit of and bind the successors and assigns of the respective parties hereto and all covenants shall be deemed to apply to and run with the land and with the title to the land. SIGNED this'i-11, day of 2016. OWNER: ST. ANDREW PRESBYTERIAN CHURCH My:���� . I iL�i /�I/Q/ls�/I / • STATE OF IOWA ) ) SS: COUNTY OF JOHNSON ) This instrument was acknowledged before me on by Kelly Lamb, as President of St. Andrew Presbyteriar Notary Public infand MICHAEL W. KENNEDY State of Iowa = Z Commissim Ndmber 1oso+9 • • My CMvMMM EcpYa Mwah 1 2019 2016 -3 - CITY OF IOWA CITY, IOWA By: Jamg Throgmorton, Mayor ATTEST: Marlan'K. Karr, City Clerk STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this 25V -day of 2016, before me, the undersigned, a notary public in and for the State of Iowa, personally appeared James Throgmorton and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said municipal corporation; that said instrument was signed and sealed on behalf of said municipal corporation by authority of its City Council; and that the said Mayor and City Clerk as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. i FGu k1 -1A1 s KELLIE K TUTTLE Notary Public in and for Johnson C�MytCo orris fon eE�frea�g County, Iowa �!b'w 16469.312016-3-9 Sanitary Sewer, Storm Sewer and Drainageway Easement Agreement 1q Prepared by and return to: Michael W. Kennedy 920 S. Dubuque Street Iowa City Iowa (319) 351-8181 CERTIFICATE OF COUNTY AUDITOR ST. ANDREW PRESBYTERIAN CHURCH - PART ONE I, Travis Weipert, hereby certify that I am the County Auditor of Johnson County, Iowa, and that I hereby approve the name "St. Andrew Presbyterian Church - Part One" 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 -s—day of fitr , 2016. 16469.312016-3-9 Certificate of Auditor Johnson County Auditor A EXHIBIT A LEGAL DESCRIPTION - ST ANDREW PRESBYTERIAN CHURCH -PART ONE AUDITOR'S PARCEL 2012062 AS RECORDED IN BOOK 57, PAGE 9 IN THE OFFICE OF THE JOHNSON COUNTY, IOWA RECORDER ALSO BEING PART OF THE WEST FRACTIONAL ONE-HALF OF THE SOUTHWEST QUARTER OF SECTION 7, TOWNSHIP 79 NORTH, RANGE 6 WEST OF THE 5TH PRINCIPAL MERIDIAN, IOWA CITY, JOHNSON COUNTY, IOWA DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF AUDITOR'S PARCEL 2012062; THENCE N88043'06"E 1562.51 FEET ALONG THE NORTH LINE OF AUDITOR'S PARCEL 2012062 TO THE NORTHEAST CORNER OF AUDITOR'S PARCEL 2012062; THENCE S0005'11"W 978.41 FEET ALONG THE EAST LINE OF AUDITOR'S PARCEL 2012062 TO THE SOUTHEAST CORNER OF AUDITOR'S PARCEL 2012062; THENCE N89"19'26"W 1457.29 FEET ALONG THE SOUTH LINE OF AUDITOR'S PARCEL 2012062 TO THE SOUTHWEST CORNER OF AUDITOR'S PARCEL 2012062; THENCE N9031'39"W 504.26 FEET ALONG THE WESTERLY LINE OF AUDITOR'S PARCEL 2012062; THENCE S88058'29"W 12.18 FEETALONG SAID WESTERLY LINE TO THE WEST LINE OF NORTHWEST FRACTIONAL QUARTER OF SAID SOUTHWEST QUARTER; THENCE N1°02'35"W 429.25 FEET ALONG SAID WEST LINE TO THE POINT OF BEGINNING. SAID AUDITOR'S PARCEL CONTAINS 33.37 ACRES, SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. 1`� r �- Prepared by and return to: Michael W. Kennedy 920 S. Dubuque Street Iowa City Iowa (319) 351-8181 CERTIFICATE OF COUNTY TREASURER ST. ANDREW PRESBYTERIAN CHURCH - PART ONE 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 St. Andrew Presbyterian Church - Part One, 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 this Wk day of Ap(% , 2016. 16469.3/2016-3-9 Certificate of County Treasurer L°°-7 326e -N �u& 7 3 5"I Cr' L THOMAS L. KRIZ Johnson County Treasurer \1 d EXHIBIT A LEGAL DESCRIPTION -STAN DREW PRESBYTERIAN CHURCH -PART ONE AUDITOR'S PARCEL 2012062 AS RECORDED IN BOOK 57, PAGE 9 IN THE OFFICE OF THE JOHNSON COUNTY, IOWA RECORDER ALSO BEING PART OF THE WEST FRACTIONAL ONE-HALF OF THE SOUTHWEST QUARTER OF SECTION 7, TOWNSHIP 79 NORTH, RANGE 6 WEST OF THE 5TH PRINCIPAL MERIDIAN, IOWA CITY, JOHNSON COUNTY, IOWA DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF AUDITOR'S PARCEL 2012062; THENCE N88°43'06"E 1562.51 FEET ALONG THE NORTH LINE OF AUDITOR'S PARCEL 2012062 TO THE NORTHEAST CORNER OF AUDITOR'S PARCEL 2012062; THENCE S0005'11"W 978.41 FEET ALONG THE EAST LINE OF AUDITOR'S PARCEL 2012062 TO THE SOUTHEAST CORNER OF AUDITOR'S PARCEL 2012062; THENCE N89°19'26"W 1457.29 FEET ALONG THE SOUTH LINE OF AUDITOR'S PARCEL 2012062 TO THE SOUTHWEST CORNER OF AUDITOR'S PARCEL 2012062; THENCE N9"31'39"W 504.26 FEET ALONG THE WESTERLY LINE OF AUDITOR'S PARCEL 2012062; THENCE S88058'29"W 12.18 FEET ALONG SAID WESTERLY LINE TO THE WEST LINE OF NORTHWEST FRACTIONAL QUARTER OF SAID SOUTHWEST QUARTER; THENCE N1°02'35"W 429.25 FEET ALONG SAID WEST LINE TO THE POINT OF BEGINNING. SAID AUDITOR'S PARCEL CONTAINS 33.37 ACRES, SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. A Prepared by and return to: Michael W. Kennedy 920 S. Dubuque Street Iowa City Iowa OPINION OF ATTORNEY ST. ANDREW PRESBYTERIAN CHURCH - PART ONE (319) 351-8181 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 St. Andrew Presbyterian Church - Part One, is in St. Andrew Presbyterian Church, free and clear of all liens and encumbrances. DATED this I n day of March, 2016. BY / t/ Michael W. 1{ennedy Kennedy, Cruise, Frey & s[relner, LLP 920 S. Dubuque St., P.O. Box 2000 Iowa City, IA 52244 Tel: (319) 351-8181 Fax: (319) 351-0605 16469.3/2016-3-9 Opinion of Attorney 1`t EXHIBIT A LEGAL DESCRIPTION - ST ANDREW PRESBYTERIAN CHURCH - PART ONE AUDITOR'S PARCEL 2012062 AS RECORDED IN BOOK 57, PAGE 9 IN THE OFFICE OF THE JOHNSON COUNTY, IOWA RECORDER ALSO BEING PART OF THE WEST FRACTIONAL ONE-HALF OF THE SOUTHWEST QUARTER OF SECTION 7, TOWNSHIP 79 NORTH, RANGE 6 WEST OF THE 5TH PRINCIPAL MERIDIAN, IOWA CITY, JOHNSON COUNTY, IOWA DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF AUDITOR'S PARCEL 2012062; THENCE N88"43'06"E 1562.51 FEET ALONG THE NORTH LINE OF AUDITOR'S PARCEL 2012062 TO THE NORTHEAST CORNER OF AUDITOR'S PARCEL 2012062; THENCE SO"0511111W 978.41 FEET ALONG THE EAST LINE OF AUDITOR'S PARCEL 2012062 TO THE SOUTHEAST CORNER OF AUDITOR'S PARCEL 2012062; THENCE N89°19'26"W 1457.29 FEET ALONG THE SOUTH LINE OF AUDITOR'S PARCEL 2012062 TO THE SOUTHWEST CORNER OF AUDITOR'S PARCEL 2012062; THENCE N9031'39"W 504.26 FEET ALONG THE WESTERLY LINE OF AUDITOR'S PARCEL 2012062; THENCE S88058'29"W 12.18 FEET ALONG SAID WESTERLY LINE TO THE WEST LINE OF NORTHWEST FRACTIONAL QUARTER OF SAID SOUTHWEST QUARTER; THENCE N1°02'3511W 429.25 FEET ALONG SAID WEST LINE TO THE POINT OF BEGINNING. SAID AUDITOR'S PARCEL CONTAINS 33.37 ACRES, SUBJECTTO EASEMENTS AND RESTRICTIONS OF RECORD. �f 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 ST. ANDREW PRESBYTERIAN CHURCH — PART ONE THIS OFF SITE SANITARY SEWER AGREEMENT (this "Agreement"), made and entered into by and between James V. Nepola, as custodian for Allesandra S. Nepola, James C. Nepola, Jacqueline K. Nepola, and Thomas E. Nepola ("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. 1% 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. D t DATED this day of &I 2016. By:/James V: tNe jcustod' Al andra S. ,es C. Nepola, Ja ueline K. Nepol , Thomas E. Nepola 1`� STATE OF IOWA ) ) SS: COUNTY OF JOHNSON ) Subscribed and sworn to before me by James V. Nepola, as custodian for Allesandra S. Nepola, James C. Nepola, Jacqueline K. Nepola, and Thomas E. Nepola, this Q I Srday of r/( , 2016, at Iowa City, Iowa. COM'dam Rik! WIhonDr�toE0t8 Msaroh 7 2019 STATE OF IOWA ) ) SS: JOHNSON COUNTY ) Notafy Palic in a d for the Stategowa CITY OF IOWA CITY, IOWA J es Throgmorton, Mayor BY: --2 Man . Karr, City Clerk On this 2r�day of 1 2016, before me, the undersigned, a notary public in and for the State of Iowa personally appeared James Throgmorton and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed.thereto is the seal of said municipal corporation; that said instrument was signed and sealed on behalf of said municipal corporation by authority of its City Council; and that the said Mayor and City Clerk as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. 4KELLIEK.TUTTLE ,`/ �1 commisslon NumberWet9 ,t f _r`e J \ My o mis on Expires Notary Public in and for Johnson County, Iowa 16469.2/2016-4-1 Sanitary Sewer Fasement Agreement 1� n m n EXHIBIT 401 SANITARY SEWER EASEMENT (OFF—SITE) PART OF AUDITOR'S PARCEL 95063 IOWA CITY, JOHNSON COUNTY, IOWA SURVEY WORK PERFORMED: 4/30/12 (N88'43'06"E) V N88'43'05 E --------- r N.W. CORNER I LOT 1 I I I I if -15' UTILITY EASEMENT I I I I I I I SURVEY LEGEND sc36'6 6-25"W POINT OF EIEGNN NG--� 1...15' UTILITY EASEMENT �c�till �g� 46 25 50 75 loo GRAPHIC SCALE IN FEff SCALR 1"=50' O SET 1/2" REBAR W/YPC NO. 18769 ------------ EASEMENT LINE PLAT OR SURVEY BOUNDARY SURVEY PREPARED FOR: ST. ANDREW PRESBYTERIAN CHURCH 1300 MELROSE AVENUE IOWA CITY, IOWA 52241 (319)-338-7523 roffmanjohn@mchsi.com OWNER - SURVEYOR, RYAN R. REMLING L.S. HALL & HALL ENGINEER'S, INC. 1860 BOYSON ROAD HIAWATHA, IOWA 52233 (319)-362-9548 JAMES V. NEPOLA, AS CUSTODIAN FOR: ALLESANDRA S. NEPOLA, JAMES C. NEPOLA, JACQUELINE K. NEPOLA AND THOMAS E. NEPOLA 355 BUTTERNUT LANE IOWA CITY, IOWA 52246 N88'43.06"E40' SANITARY 40.OV �SEWER EASEMENT NORTH PLAT ----------"j ------- i 1 ♦ /I 115• UTLItt I I EASEMENT NI I n d I N796'25"W Qro?' M n I 29.72' %ol? it II P.gG�P�� 9 1 1 son 4 I---40•--II P�� $0 ' I I I I I 1 !_�40' SANITARY I I SEWER EASEMENT I PART OF AUDITOR'S PARCEL NO. 95063 AS RECORDED IN BOOK 35, PAGE 220 IN THE OFFICE OF THE JOHNSON COUNTY, IOWA RECORDER LOCATED IN THE NORTHWEST FRACTIONAL QUARTER OF THE SOUTHWEST QUARTER, SECTION 7, TOWNSHIP 79 NORTH, RANGE 6 WEST OF THE 5TH PRINCIPAL MERIDIAN, JOHNSON COUNTY, IOWA DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF LOT 1, ST. ANDREWS PRESBYTERIAN CHURCH — PART ONE IN THE CITY OF IOWA CITY, JOHNSON COUNTY, IOWA THENCE N88'43'06"E 371.46 FEET TO THE POINT OF BEGINNING: THENCE N1'16'25"W 40.00 FEET, THENCE NBB'43'06"E 40.00 FEET. THENCE Si'16'25"E 40.00 FEET: THENCE S88'43'06"E 40.00 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 1600 SQ.FT., 0.04 ACRE, SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. i m 21 o Sheet Title: e ° rr 40' SANITARY SEWER EASEMENT (OFF-SITE) PART OF AUDTIOR'S PARCEL 95063 o IOWA CITY, JOHNSON COUNTY, IOWA by.DLK I Or by.DLK (Checked by. 1`� 3 LOT 1 r ( 1,054,604 SQ.FT. I� aI 24.21 ACRES I I I I 1 a I o LEGAL DESCRIPTION -20' SANITARY SEWER EASEMENT: o, PART OF AUDITOR'S PARCEL NO. 95063 AS RECORDED IN BOOK 35, PAGE 220 IN THE OFFICE OF THE JOHNSON COUNTY, IOWA RECORDER LOCATED IN THE NORTHWEST FRACTIONAL QUARTER OF THE SOUTHWEST QUARTER, SECTION 7, TOWNSHIP 79 NORTH, RANGE 6 WEST OF THE 5TH PRINCIPAL MERIDIAN, JOHNSON COUNTY, IOWA DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF LOT 1, ST. ANDREWS PRESBYTERIAN CHURCH — PART ONE IN THE CITY OF IOWA CITY, JOHNSON COUNTY, IOWA THENCE N88'43'06"E 371.46 FEET TO THE POINT OF BEGINNING: THENCE N1'16'25"W 40.00 FEET, THENCE NBB'43'06"E 40.00 FEET. THENCE Si'16'25"E 40.00 FEET: THENCE S88'43'06"E 40.00 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 1600 SQ.FT., 0.04 ACRE, SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. i m 21 o Sheet Title: e ° rr 40' SANITARY SEWER EASEMENT (OFF-SITE) PART OF AUDTIOR'S PARCEL 95063 o IOWA CITY, JOHNSON COUNTY, IOWA by.DLK I Or by.DLK (Checked by. 1`� 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 WATER MAIN EASEMENT AGREEMENT St. Andrew Presbyterian Church — Part One THIS OFF-SITE WATER MAIN EASEMENT AGREEMENT (this "Agreement") made an entered into by and between James V. Nepola, as custodian for Allesandra S. Nepola, James C. Nepola, Jacqueline K. Nepola, and Thomas E. Nepola ("Owner"), which expression shall include his 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 water lines, together with adequate protection therefor, and also a right of way, with the right of ingress and egress thereto, over and across the area(s) designated as "20' Water Easement" on Exhibit A, attached hereto and incorporated herein by reference, hereafter described as "easement area." Owner further grants to the City: 1. Owner states and covenants that it is the owner of the real estate depicted on Exhibit A, attached hereto, by virtue of legal and/or equitable title, that it is lawfully seized and possessed of said real estate, and that it has good and lawful right to convey this easement. 2. The right of grading said easement areas for the full width thereof, and to extend the cuts and fills for such grading into and onto said lands along and outside of the said easement area to such extent as the City may find reasonably necessary. 3. The right from time to time to trim, cut down and clear away any and all trees and brush on said easement area and also trim, cut down and clear away any trees on either side of said easement area which now or hereafter in the opinion of the City may be a hazard to said easement area, or which may interfere with the exercise of the City's rights hereunder in any manner. The City shall promptly backfill any trench made by it, and repair any damages caused by the City within the easement area. The City shall indemnify Owner against unreasonable loss or damage which may occur in the negligent exercise of the easement rights by the City. Except as expressly provided herein, the City shall have no responsibility for maintaining the easement area. Owner reserves the right to use said easement area for purposes which will not interfere with the City's full enjoyment of the rights hereby granted; provided that the Owner shall not erect or construct any building, fence, retaining wall, or other structure, plat any trees, drill or operate any well, or construct any reservoir or other obstruction on said areas, or diminish or substantially add to the ground cover over said easement area. Fences and/or trees placed in the easement area, with or without City approval, may be removed by the City without compensation or replacement. Owner does hereby covenant with the City that it is lawfully seized and possessed of the real estate above described, and that it has a good and lawful right to convey it, or any part thereof. Nothing in this Agreement shall be construed to impose a requirement on the City to install the original public improvements at issue herein. Nor shall Owner be deemed acting as the City's agent during the original construction and installation of said improvement. Parties agree that the obligation to install the public improvement(s) herein shall be in accordance with City specifications, and the obligation shall remain on Owner until completion by Owner, and until acceptance by the City, as by law provided. The provisions hereof shall inure to the benefit of and bind the successors and assigns of the respective parties hereto, and all covenants shall apply to and run with the land and with the title to the land. IN WITNESS WDE OF, the partiesAaveexecujed this Off -Site Water Main Easement Agreement on the day of HV At, ,/ 2016. Owner // By: J es V. Ne stodian for Allesa dra S. Nepola, J es C. Nepola, Jacqueline a, and Thomas E. Nepola -2- I STATE OF IOWA ) ) SS: COUNTY OF JOHNSON ) Subscribed and sworn to before me by James V. Nepola, as custodian for Allesandra S Nepola, James C. Nepola, Jacqueline K. Nepola, 2016, at Iowa City, Iowa. a �YC11m1�1,1own CanrYalcat [B ZONA March 1 2019 and Thomas E. Nepola, this 2 I s -day of CITY OF IOWA CITY, IOWA J es Throgmorton, M or BY:- J - SCtT.1ir/ Mariam K. Karr, City Clerk STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this 25kday of�j 2016, before me, the undersigned, a notary public in and for the State of Iowa, personally appeared James Throgmorton and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said municipal corporation; that said instrument was signed and sealed on behalf of said municipal corporation by authority of its City Council; and that the said Mayor and City Clerk as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. is KRI(IEK.TU "5819 CWnntlbSiUn IS on 221st9 Not Public in and for Johnson My Co imis on cplres oe,Y County, Iowa 16469.2/2016-4-1 Off -Site Water Main Easement Agreement -3- SURVEY WORK PERFORMED: 4/30/12 EXHIBIT 201 WATER EASEMENT (OFF—SITE) PART OF AUDITOR'S PARCEL 95063 IOWA CITY, JOHNSON COUNTY, IOWA 606 rA PA&�0 Or IN84E 1 WATER NORTH LINE. AUDITOR'S PLAT 355.30' '�00 66.00' 33.000 _i_'— POINT u, k I . BEGINNININ G I 15' UTILITY 15' UTILITY ``',I ^� ^ I EASEMENT EASEMENT k 46 I I I w I LOT A OS1 i ¢ 516 488 SQ.FT. s�G111 i I 1.30 ACRES w I OUTLOT A 183,842 SQ.FT.1LOT 1 7.22 ACRES 15' 1 Eh 15 1,054,604 SQ.FT. a i 24.21 ACRES I "6 15' U71LITY 1UTILITY 1 �—EASEMENT 5' lg lip00 EASEMENT— 3 >� I 3 0 25 50 76 100 N w I Qy 4 GRAPHIC SCALE FEET j z z 1�0 SCALE I"=505�' I 33' 33' I Q:0ep I I SURVEY LEGEND LEGAL DESCRIPTION -20' WATER EASEMENT: 0 SET 1/2" REBAR W/YPC NO. 18769 PART OF AUDITOR'S PARCEL NO. 95063 AS ------------ EASEMENT LINE RECORDED IN BOOK 35, PAGE 220 IN THE OFFICE PLAT OR SURVEY BOUNDARY OF THE JOHNSON COUNTY, IOWA RECORDER LOCATED IN THE NORTHWEST FRACTIONAL SURVEY PREPARED FOR: ENGINEER: QUARTER OF THE SOUTHWEST QUARTER, SECTION 7, TOWNSHIP 79 NORTH, RANGE 6 WEST OF THE ST. ANDREW PRESBYTERIAN HALL & HALL ENGINEER'S, INC. 5TH PRINCIPAL MERIDIAN, JOHNSON COUNTY, IOWA CHURCH 1860 BOYSON ROAD DESCRIBED AS FOLLOWS: 1300 MELROSE AVENUE HIAWATHA. IOWA 52233 IOWA CITY, IOWA 52241 (319)-362-9548 BEGINNING AT THE NORTHWEST CORNER OF LOT 1. (319)-338-7523 ST. ANDREWS PRESBYTERIAN CHURCH — PART roffmanjahn@mchsi.com ONE IN THE CITY OF IOWA CITY, JOHNSON COUNTY, IOWA THENCE S88'43'06"W 20.00 FEET; OWNER: THENCE NI*16'54"W 30.00 FEET; THENCE N88'43'06"E 20.00 FEET; THENCE S1'16'54"E JAMES V. NEPOLA, AS CUSTODIAN FOR: 30.OD FEET TO THE POINT OF BEGINNING. ALLESANDRA S. NEPOLA, JAMES C. NEPOLA, JACQUELINE K. NEPOLA AND THOMAS E. NEPOLA SAID PARCEL CONTAINS 600 SORT., 0.014 ACRE, 355 BUTTERNUT LANE SUBJECT TO EASEMENTS AND RESTRICTIONS OF IOWA CITY, IOWA 52246 RECORD. u s o sheet Tiue:HALL & HALL ENGINEERS, INC. EXHIBIT IOWA 3 I. m n 20' WATER EASEMENT (OFF—SITE) tBW e�SeNR� �wa��,y )=-= p S x� PHONE (3191392�9.{IB F/ce ITMs1819R-i595 g e m PART OF AUDITOR'S PARCEL 95063 nNo sua�"ve�rinIa" � inNoo veWLOPM,. PIAWN , .AaDengmi IOWA CITY, JOHNSON COUNTY, IOWA Designed by. DLK I Drown by. DLK Checked by. V 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 TEMPORARY CONSTRUCTION EASEMENT AGREEMENT ST. ANDREW PRESBYTERIAN CHURCH — PART ONE THIS AGREEMENT, made and entered into by and between James V. Nepola, as custodian for Allesandra S. Nepola, James C. Nepola, Jacqueline K. Nepola, and Thomas E. Nepola, hereinafter referred to as "Owner", and St. Andrew Presbyterian Church, Inc., hereinafter "Subdivider." In consideration of their mutual promises herein, Owner and Subdivider agree as follows: 1. Owner states and covenants that his is the owner of certain real estate depicted to the immediate north of the northerly boundary line of St. Andrew Presbyterian Church — Part One by virtue of legal and/or equitable title, that he is lawfully seized and possessed of said real estate, and that he has good and lawful right to convey this easement. Owner further agrees to indemnify Subdivider against any and all claims by tenants or others claiming ownership or possessor rights to the property. 2. Owner does hereby grant and convey to Subdivider a temporary construction easement in, over and across that portion of Owner's property depicted and described on the Off -Site Temporary Construction Easement Plat which is attached hereto and marked Exhibit A (hereinafter "Temporary Construction Easement Area") for the purpose of facilitating Subdivider's installation of a waterline and water main in the Temporary Construction Easement Area and for necessary grading, excavation, piling of dirt, regrading, restoration, storage of materials and equipment and ingress and egress of persons and equipment to the Temporary Construction Easement Area, as needed to complete said public improvement. Said public improvement is to be constructed according to plan and specifications approved by the City Engineer of the City of Iowa City, as set forth in the Subdivider's Agreement for the Subdivision. 3. The term of this Temporary Construction Easement will commence on the date of recording of this Agreement and shall extend for the period of time required by Subdivider 4 to complete the construction of the public improvement, but in no event shall the duration of the Temporary Construction Easement extend beyond December 31, 2016; provided, however, that this Temporary Construction Easement shall automatically terminate within six (6) months from the date Subdivider commences construction of the public improvement. 4. With respect to the Temporary Construction Easement, Owner grants the following rights: a. Subdivider shall have the right to make excavations within the Temporary Construction Easement Area, and to grade as Subdivider may find reasonably necessary for the construction. Subdivider covenants and agrees to protect such excavations during construction; and to promptly fill said excavations following construction. b. Subdivider shall promptly backfill any trench made by it, and repair any damages caused by Subdivider within the Temporary Construction Easement Area, but excluding the replacement of trees, shrubs and brush on the Easement Area. Subdivider shall indemnify Owner against loss or damage which occurs as a result of Subdivider's negligent acts of omissions in the exercise of its easement rights herein. Once the Temporary Construction Easement Area has been restored substantially to its prior condition and except as expressly provided in this Temporary Construction Easement Agreement, Subdivider shall have no further responsibility for maintaining the Temporary Easement Area. C. Subdivider shall have the right of ingress and egress to and from the Temporary Construction Easement Area by such route within the Temporary Construction Easement Area as shall occasion the lease practical damage and inconvenience to Owner. d. Subdivider shall have the right to trim or remove all structures, trees, brush, and any other landscaping features which may interfere with the exercise of Subdivider's rights pursuant to this Temporary Construction Easement Agreement. e. The Subdivider shall indemnify and hold harmless Owner against any loss, damage, expense, cost third party claims or other liabilities which may occur or arise as a result of acts or omissions in the exercise of its easement rights or performance of its obligation hereunder. This indemnification and hold harmless shall include, but is not limited to, reasonable legal fees and cost of defense incurred by Owner. f. In the event a dwelling home has been constructed on the property at the time construction commences, the Subdivider shall at all times provide access to the dwelling home during course of construction. 5. Subdivider covenants and agrees that existing driveways, fences, underground drainage tile or other site features, with the exception of trees, shrubs and brush, which are -2- �t removed or disturbed shall, to the extent reasonably possible, be replaced by Subdivider to conform with features or items removed during construction. Subdivider further agrees that all grassed areas disturbed by the construction shall be seeded within a reasonable time after construction is complete. 6. Subdivider 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 any of the public improvement, all areas within the Temporary Construction Easement Area which area respreads over disturbed areas, thereby restoring said areas substantially to their prior condition, with the exception of the replacement of trees, shrubs and brush. The provisions hereof shall inure to the benefit of and bind the successors and assigns of the respective parties thereto, 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 Subdivider expense. DATED this C4 day of 1 2016. Owner i By: J es V. s ustodian for Alle dra S. Nepola, J es C. Nepola, Jacqu line K. Nepo , and Thomas E. Nepola STATE OF IOWA ) ) ss: JOHNSON COUNTY ) Subscribed and sworn to before me by James V. Nepola, as custodian for Allesandra S. NepolpL, James C. Nepola, Jacqueline K. Nepola, and Thomas E. Nepola, thisa 1s- day of rr, 2016, at Iowa City, Iowa. $ ' * EVkn vV r Notar Public in ad for the State of owa -3- ST. ANDREW PRESBYTERIAN CHURCH Subdivider By. el b, President STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On thiQa hd day of An t' l 2016, before me, the undersigned, a Notary Public in and for the state, personally appeared Kelly Lamb, to me personally known, who being by me duly sworn, did say that the person is President of St. Andrew Presbyterian Church, and that the instrument was signed on behalf of the partnership by authority of the partners; and the partner acknowledged the execution of the instrument to be the voluntary act and deed of the partnership by it and by the partner voluntarily executed. CWffAMM WNW tow 14 MWGh 12019 164692/20164-19 Temporary Construction Easement ME 1� GEA' Off+' I °g tg z P$ OX y 4P0� 3� I A�O`K y eAOE 2 O I e00 w/mc nm6n� Nf't Yi91Y I Ir, NBB'41b6'E 4 Rldi OF WAY MTACUW. BOWL 0, PAGE 650 .A AUY VACA1E1f I H00K 9. GE az5PA�/� LOT R 7,241 SQ.FT. 0.17 ACRES U31 VINw S NUMT I OUTLOT A i IE 1-15, 7.22.22 ACRES SURVEY WORK PERFORMED: 4/30/12 SURVEY LEGEND O SET 1/2' REBAR W/YPC NO. 18769 ------ EASEMENT UNE PLAT OR SURVEY BOUNDARY IT 30' TEMPORARY CONSTRUCTION EASEMENT (OFF-SITE) PART OF AUDITOR'S PARCHL 95063 IOWA CITY, JOHNSON COUNTY, IOWA y'ps 9 f PQQ�, E?ZO pV9�0 � T A 1 SQ.FT. ACRES '.uIv 'I !rte ________ '�I — __° --i�—___3noo• __+Y IS —_____^ EBiIY I 2M S0E Pui ,_T --____r_ _- 1 m Ig nzz.BS' RYAN R. REMUNC LS n; I �n 111,5' V1NlY ; V EASMENT 1 I p� I •+F' (319)-338-7523 (319)-362-9548 Ln19)-338-7523 i.com OMER• I ALU SANDRA S. NEPOLA, JAMES —15 1 I '�-SEWFRRFASEAIFNi I III L15 s J IOWA CITY, IOWA 52246 LOT 1 I I 1,054,604 SQ. FT. I I I I I G] _68,U Is•vnun ,--EA Exr I 24.21 ACRES I F j I I %civnossta Ia i dN 062 ,i i I I i 11 — aGF+�'0F+0 zr ie. P li" CASEMMT�I�I I I nil I i I i i I I z z� !Izo'L^ I I I I OV�,,f80p8 1 1 1 wLME 1 LN LNYi gIOCE -PARI I1PEE� 1 I SURVEY PREPARED FOR: SURVEYOR, ST. ANDREW PRESBYTERIAN RYAN R. REMUNC LS CHURCH 1300 HALL & HALL ENGINEER'S. INF IOWA Cltt,,� WA 5224E HIAWATHA, IOWA 52233 (319)-338-7523 (319)-362-9548 Ln19)-338-7523 i.com OMER• JAMES V. NEPOLA, AS CUSTODIAN FOR: ALU SANDRA S. NEPOLA, JAMES C. NEPOLA , JACOUEUNE K. NEPOLA AND THOMAS E. NEPOLA 355 BUTTERNUT LANE IOWA CITY, IOWA 52246 LEGAL DESCRIPTION -30' TEMPORARY CONSTRUCTION EASEMENT: PART OF AUDITOR'S PARCEL NO. 9SD63 AS RECORDED IN BOOK E JOHNSON COUNTS IOWA RECORDER LOCATED E 220 IN nLOFFICE IN THE NORTHWEST QUARF THE SUTHWEST SECTIONNAL 7. TOWNSHIP 79 NOR HO RANGE 6OWEST OF THE STH PRINCIPAL MERIDIAN. JOHNSON COUNTY, IOWA DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID AUDITOR'S PARCEL THENCE N1'1T'48'W 30.00 FEET ALONG THE WEST LINE OF SAID AUDITOR'S PARCEL: THENCE NBW43'06'E 1563.10 FEET TO THE EAST UNE OF SAID AUDITOR'S PARCEL; THENCE SO'05'11'W 30.00 FEET; THENCE SSS'43'06'W 1562.51 FEET TO THE POINT OF BEGINNING. SAID CONTAINS 45 682 SUBJECT TOL EASEMENTS AND RESTRICTIONS OF R 1.08 ECORD. C ome: 12/1 T, I Scale: t' 0 W IN ISD BID Sleet GRAPHIC SCALE IN PeEf SCAD: 1'=100' 1 H 0 a Doc ID: 026274600003 Type: GEN Kind: ORDINANCE Recorded: 04/22/2016 at 11:31:24 AM Fee Amt: $17.00 Pape 1 of 3 Johnson County Iowa Kim Painter County Recorder SK5495 PG663-665 FEF STATE OF IOWA ) ) SS JOHNSON COUNTY ) I, Marian K. Karr, City Clerk of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of Ordinance No. 16-4662 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 19th day of April, 2016, is a true and correct copy, all as the same appears of record in my office. Dated at Iowa City, Iowa, this S# day of t i 2016. -72,4�-492,.,, 7e Manan K. Karr City Clerk \ord COR ORATI I 410 EAST WASHINGTON STREET • IOWA CITY, IOWA 52240-1826 • (319) 356-5000 • FAX (319) 356-5009 \Q\ D Prepared by: Robert Miklo, Senior Planner, 410 E. Washington Street, Iowa City, IA 52240; 319-3565240 (REZ16-00001) ORDINANCE NO. 16-4662 ORDINANCE REZONING PROPERTY LOCATED AT 716 NORTH DUBUQUE STREET FROM HIGH DENSITY MULTI -FAMILY (RM -44) ZONE TO HISTORIC DISTRICT OVERLAY/ HIGH DENSITY MULTI -FAMILY (OHD/RM44) ZONE. WHEREAS, the applicant, Ross Nusser, has requested historic landmark designation for the property at 716 N. Dubuque Street; and WHEREAS, the Comprehensive Plan encourages the preservation of historic fraternity and sorority houses;and WHEREAS, the Historic Preservation Commission has reviewed the proposed Historic Landmark designation and has recommended approval; and WHEREAS, the Planning and Zoning Commission has reviewed the proposed Historic Landmark designation and has recommended approval. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I HISTORIC LANDMARK APPROVAL. Property described below is hereby Rezoned from High Density Multi -Family (RM -44) zone to Historic District Overlay/ High Density Multi -Family (OHD/RM44) zone: A PORTION OF LOTS 5 AND 6, BLOCK 73, ORIGINAL TOWN OF IOWA CITY, TO THE CITY OF IOWA CITY, IOWA IN ACCORDANCE WITH THE RECORDED PLAT THEREOF. DESCRIBED AS FOLLOWS: The North 65 feet of Lot 5 and the West 20 feet of the North 65 feet of Lot 6, Block 73, Original Town of Iowa City. Containing approximately 6,500 square feet. 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 owners expense, all as provided by law. SECTION IV. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION V. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. Z SECTION VI. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passe d app 19 day of \ April, 2016. OR L/ ATTEST: CITY CLERK ApG by �-� CORPORATE S L City Attorney's Office �/� � ILO \q Ordinance No. 16-4662 Page 2 It was moved by Mims and seconded by _ Ordinance as read be adopted, and upon roll call there were: AYES x NAYS: ABSENT: ABSTAIN: Dickens that the Botchway Cole Dickens Mims Taylor Thomas Throgmorton First Consideration 04/05/2016 Voteforpassage: AYES: Dickens, Mims, Taylor, Thomas, Throgmorton, Botchway, Cole. NAYS: None. ABSENT: None. Second Consideration _ Vote for passage: Date published 04/28/2016 Moved by Mims, seconded by Botchway, that the rule requiring ordinances to be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the second consideration and vote be waived and the ordinance be voted upon for final passage at this time. AYES: Mims, Taylor, Thomas, Throgmorton, Botchway, Cole, Dickens. NAYS: None. ABSENT: None. I, Marian K. Karr, City Clerk of Iowa City, Iowa, do hereby certify that the Resolution attached hereto is a true and correct copy of Resolution No.16-128, which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 3rd day of May, 2016, all as the same appears of record in my office. Also attached are the final legal documents for Windmill Heights — Iowa City, Iowa. Q Dated at Iowa City, Iowa, this' o day of Mn 2016. Julie rIl rt !'t t Deputy City Clerk : )WA o° y fires subdivision MIR COR� S, 110 Doc ID: 026302990055 Type: GEN Kind: SUBDIVISION Recorded: 05/23/2016 at 10:09:20 AM Fee Amt: $277.00 Page 1 of 55r"1112+9!?'Matt ''��'-��i! L Johnson County Iowa l Kim Painter County Recorder BK5507 PG174-228 -��-- CITY OF IOWA CITY 410 East Washington Sireel Iowa City. Iowa 52240-1826 (3 19) 356-5000 (319)356-5009 FAX STATE OF IOWA ) www.lcgov.org ) SS JOHNSON COUNTY ) I, Marian K. Karr, City Clerk of Iowa City, Iowa, do hereby certify that the Resolution attached hereto is a true and correct copy of Resolution No.16-128, which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 3rd day of May, 2016, all as the same appears of record in my office. Also attached are the final legal documents for Windmill Heights — Iowa City, Iowa. Q Dated at Iowa City, Iowa, this' o day of Mn 2016. Julie rIl rt !'t t Deputy City Clerk : )WA o° y fires subdivision MIR COR� S, 110 Prepared by: Marti Wolf, Planning Intern, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5239 (SUB15-00030) 4d(3) RESOLUTION NO. 16-128 RESOLUTION APPROVING FINAL PLAT OF WINDMILL HEIGHTS, IOWA CITY, IOWA. WHEREAS, the applicant, Joseph Clark, on behalf of owner, Windmill Heights, L.L.C., filed with the City Clerk the final plat of Windmill Heights, Iowa City, Iowa, Johnson County, Iowa; and WHEREAS, said subdivision is located on the following -described real estate in Iowa City, Johnson County, Iowa, to wit: A PORTION OF SOUTHWEST QUARTER OF THE NORTHEAST QUARTER AND THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER ALL IN SECTION 12, TOWNSHIP 79 NORTH, RANGE 6 WEST OF THE FIFTH PRINCIPAL MERIDIAN, IOWA CITY, JOHNSON COUNTY, IOWA, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF LOT 51 OF ROCHESTER RIDGE PART FOUR, IN ACCORDANCE WITH THE PLAT THEREOF RECORDED IN PLAT BOOK 57, PAGE 338; THENCE S87°23'33"W ALONG THE NORTH LINE OF AUDITOR'S PARCEL B' AND AUDITOR'S PARCEL 'A' AS MONUMENTED AND RECORDED IN PLAT BOOK 33, PAGE 218, A DISTANCE OF 359.51 FEET TO THE EAST LINE OF WASHINGTON PARK ADDITION PART 10 AS RECORDED IN PLAT BOOK 30, PAGE 54; THENCE NOI'59'57"W ALONG SAID EAST LINE OF WASHINGTON PARK , A DISTANCE OF 329.90 FEET TO THE SOUTHEAST CORNER OF GREEN MOUNTAIN MEADOW AS RECORDED IN PLAT BOOK 39, PAGE 84; THENCE NO1 °55'05"W ALONG SAID EAST LINE OF GREEN MOUNTAIN MEADOW , A DISTANCE 512.74 FEET TO THE CENTERLINE OF ROCHESTER AVENUE AS SHOWN ON THE ROAD RIGHT-OF-WAY RE-ESTABLISHMENT PLAT RECORDED IN PLAT BOOK 54, PAGE 300; THENCE NORTHEASTERLY ALONG SAID CENTERLINE BEING A CURVE TO THE LEFT HAVING A RADIUS OF 1146.59 FEET AND A CHORD BEARING OF N 77°55'37" E, AN ARC LENGTH OF 137.70 FEET; THENCE N74°44'13"E ALONG SAID CENTERLINE, A DISTANCE OF 231.91 FEET TO THE WEST LINE OF ROCHESTER RIDGE PART ONE EXTENDED NORTHERLY AS RECORDED IN PLAT BOOK 56, PAGE 60; THENCE S01°50'43"E ALONG SAID WEST LINE OF ROCHESTER RIDGE PART ONE AND THE WEST LINE OF ROCHESTER RIDGE PART THREE AS RECORDED IN PLAT BOOK 57, PAGE 116 AND WEST LINE OF SAID ROCHESTER RIDGE PART FOUR, A DISTANCE OF 916.11 FEET TO THE POINT OF BEGINNING; EXCEPT 33 FEET OF ROCHESTER AVENUE LYING SOUTH OF SAID CENTERLINE. SAID TRACT OF LAND CONTAINING 6.97 ACRES MORE OR LESS, AND IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. WHEREAS, the Department of Neighborhood and Development Services 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 to Chapter 354, Code of Iowa (2015) and all other state and local requirements. M Resolution No. 16-128 Page 2 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 this time for public safety reason. 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 3rd day of May 12016 MPYOR ATTEST: CITY CtERK Approved by City Attorney's Office It was moved by Botchway and seconded by Dickens the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Thomas X Mims X Botchway X Dickens X Cole X Taylor X Throgmorton pcd/templatesMindmill Final Plat - Resolution.doc.doc V r- r s Prepared by and Retum to: John E. Beasley, Phelan Tucker Law Firm, PO Box 2150, 321 E. Market St., Iom City, IA 52244-2150, 319-354-1104 OPINION OF ATTORNEY WINDMILL HEIGHTS 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: A PORTION OF SOUTHWEST QUARTER OF THE NORTHEAST QUARTER AND THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER ALL IN SECTION 12, TOWNSHIP 79 NORTH, RANGE 6 WEST OF THE FIFTH PRINCIPAL MERIDIAN, IOWA CITY, JOHNSON COUNTY, IOWA, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF LOT 51 OF ROCHESTER RIDGE PART FOUR, IN ACCORDANCE WITH THE PLAT THEREOF RECORDED IN PLAT BOOK 57, PAGE 338; THENCE S87°23'33"W ALONG THE NORTH LINE OF AUDITOR'S PARCEL 'B' AND AUDITOR'S PARCEL 'A' AS MONUMENTED AND RECORDED IN PLAT BOOK 33, PAGE 218, A DISTANCE OF 359.51 FEET TO THE EAST LINE OF WASHINGTON PARK ADDITION PART 10 AS RECORDED IN PLAT BOOK 30, PAGE 54; THENCE NO1°59'57"W ALONG SAID EAST LINE OF WASHINGTON PARK , A DISTANCE OF 329.90 FEET TO THE SOUTHEAST CORNER OF GREEN MOUNTAIN MEADOW AS RECORDED IN PLAT BOOK 39, PAGE 84; THENCE NO1°55'05"W ALONG SAID EAST LINE OF GREEN MOUNTAIN MEADOW, A DISTANCE 512.74 FEET TO THE CENTERLINE OF ROCHESTER AVENUE AS SHOWN ON THE ROAD RIGHT-OF-WAY RE- ESTABLISHMENT PLAT RECORDED IN PLAT BOOK 54, PAGE 300; THENCE NORTHEASTERLY ALONG SAID CENTERLINE BEING A CURVE TO THE LEFT HAVING A RADIUS OF 1146.59 FEET AND A CHORD BEARING OF N 77055'37" E, AN ARC LENGTH OF 137.70 FEET; THENCE N74°44'13"E ALONG SAID CENTERLINE, A DISTANCE OF 231.91 FEET TO THE WEST LINE OF ROCHESTER RIDGE PART ONE EXTENDED NORTHERLY AS RECORDED IN PLAT BOOK 56, PAGE 60 ; THENCE S01050'43"E ALONG SAID WEST LINE OF ROCHESTER RIDGE PART ONE AND THE WEST LINE OF ROCHESTER RIDGE PART THREE AS RECORDED IN PLAT BOOK 57, PAGE 116 AND WEST LINE OF SAID ROCHESTER RIDGE PART FOUR, A DISTANCE OF 916.11 FEET TO THE POINT OF BEGINNING; EXCEPT 33 FEET OF ROCHESTER AVENUE LYING SOUTH OF SAID CENTERLINE. SAID TRACT OF LAND CONTAINING 6.97 ACRES MORE OR LESS, AND IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. is It is hereby certified that fee simple title to said property is in Windmill Heights L.L.C., free and clear of all liens and encumbrances. Dated at Iowa City, Iowa, this Z9 day ofrA , 2016. John - Beasley 11 P Tucker, Mullen, Walker u er & Gelman, L. L. P. P O. Box 2150 21 E. Market St. Iowa City, Iowa 52244-2150 v Prepared by and Retum to: John E. Beasley, Phelan Tucker Law Firm, PO Box 2150, 321 E. Market St, lows City, IA 52244-2150, 319-354-1104 CERTIFICATE OF COUNTY TREASURER WINDMILL HEIGHTS 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: A PORTION OF SOUTHWEST QUARTER OF THE NORTHEAST QUARTER AND THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER ALL IN SECTION 12, TOWNSHIP 79 NORTH, RANGE 6 WEST OF THE FIFTH PRINCIPAL MERIDIAN, IOWA CITY, JOHNSON COUNTY, IOWA, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF LOT 51 OF ROCHESTER RIDGE PART FOUR, IN ACCORDANCE WITH THE PLAT THEREOF RECORDED IN PLAT BOOK 57, PAGE 338; THENCE S87°23'33"W ALONG THE NORTH LINE OF AUDITOR'S PARCEL 'B' AND AUDITOR'S PARCEL 'A' AS MONUMENTED AND RECORDED IN PLAT BOOK 33, PAGE 218, A DISTANCE OF 359.51 FEET TO THE EAST LINE OF WASHINGTON PARK ADDITION PART 10 AS RECORDED IN PLAT BOOK 30, PAGE 54; THENCE NOl°59'57"W ALONG SAID EAST LINE OF WASHINGTON PARK , A DISTANCE OF 329.90 FEET TO THE SOUTHEAST CORNER OF GREEN MOUNTAIN MEADOW AS RECORDED IN PLAT BOOK 39, PAGE 84; THENCE N01°55'05"W ALONG SAID EAST LINE OF GREEN MOUNTAIN MEADOW, A DISTANCE 512.74 FEET TO THE CENTERLINE OF ROCHESTER AVENUE AS SHOWN ON THE ROAD RIGHT-OF-WAY RE- ESTABLISHMENT PLAT RECORDED IN PLAT BOOK 54, PAGE 300; THENCE NORTHEASTERLY ALONG SAID CENTERLINE BEING A CURVE TO THE LEFT HAVING A RADIUS OF 1146.59 FEET AND A CHORD BEARING OF N 77055'37" E, AN ARC LENGTH OF 137.70 FEET; THENCE N74°44'13"E ALONG SAID CENTERLINE, A DISTANCE OF 231.91 FEET TO THE WEST LINE OF ROCHESTER RIDGE PART ONE EXTENDED NORTHERLY AS RECORDED IN PLAT BOOK 56, PAGE 60 ; THENCE S01°50'43"E ALONG SAID WEST LINE OF ROCHESTER RIDGE PART ONE AND THE WEST LINE OF ROCHESTER RIDGE PART THREE AS RECORDED IN PLAT BOOK 57, PAGE 116 AND WEST LINE OF SAID ROCHESTER RIDGE PART FOUR, A DISTANCE OF 916.11 FEET TO THE POINT OF BEGINNING; EXCEPT 33 FEET OF ROCHESTER AVENUE LYING SOUTH OF SAID CENTERLINE. SAID TRACT OF LAND CONTAINING 6.97 ACRES MORE OR LESS, AND IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. R y a and shown on the attached Plat and known and designated as Windmill Heights, a Subdivision of the City of Iowa City, Iowa, is free from outstanding real estate taxes. (Seal) Dated at Iowa City, Iowa, thisQ9"'day ofApr-,'l 2016. County Treasurer Johnson County, Iowa �O 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 WINDMILL HEIGHTS SUBDIVISION I, Travis Weipert, the County Auditor of Johnson County, Iowa, hereby approve the name Windmill Heights, 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: A PORTION OF SOUTHWEST QUARTER OF THE NORTHEAST QUARTER AND THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER ALL IN SECTION 12, TOWNSHIP 79 NORTH, RANGE 6 WEST OF THE FIFTH PRINCIPAL MERIDIAN, IOWA CITY, JOHNSON COUNTY, IOWA, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF LOT 51 OF ROCHESTER RIDGE PART FOUR, IN ACCORDANCE WITH THE PLAT THEREOF RECORDED IN PLAT BOOK 57, PAGE 338; THENCE S87023'33"W ALONG THE NORTH LINE OF AUDITOR'S PARCEL'B' AND AUDITOR'S PARCEL 'A' AS MONUMENTED AND RECORDED IN PLAT BOOK 33, PAGE 218, A DISTANCE OF 359.51 FEET TO THE EAST LINE OF WASHINGTON PARK ADDITION PART 10 AS RECORDED IN PLAT BOOK 30, PAGE 54; THENCE NO1°59'57"W ALONG SAID EAST LINE OF WASHINGTON PARK , A DISTANCE OF 329.90 FEET TO THE SOUTHEAST CORNER OF GREEN MOUNTAIN MEADOW AS RECORDED IN PLAT BOOK 39, PAGE 84; THENCE NO1055'05"W ALONG SAID EAST LINE OF GREEN MOUNTAIN MEADOW , A DISTANCE 512.74 FEET TO THE CENTERLINE OF ROCHESTER AVENUE AS SHOWN ON THE ROAD RIGHT-OF-WAY RE-ESTABLISHMENT PLAT RECORDED IN PLAT BOOK 54, PAGE 300; THENCE NORTHEASTERLY ALONG SAID CENTERLINE BEING A CURVE TO THE LEFT HAVING A RADIUS OF 1146.59 FEET AND A CHORD BEARING OF N 77°55'37" E, AN ARC LENGTH OF 137.70 FEET; THENCE N74°44'13"E ALONG SAID CENTERLINE, A DISTANCE OF 231.91 FEET TO THE WEST LINE OF ROCHESTER RIDGE PART ONE EXTENDED NORTHERLY AS RECORDED IN PLAT BOOK 56, PAGE 60; THENCE SOI °50'43"E ALONG SAID WEST LINE OF ROCHESTER RIDGE PART ONE AND THE WEST LINE OF ROCHESTER RIDGE PART THREE AS RECORDED IN PLAT BOOK 57, PAGE 116 AND WEST LINE OF SAID ROCHESTER RIDGE PART FOUR, A DISTANCE OF 916.11 FEET TO THE POINT OF BEGINNING; EXCEPT 33 FEET OF ROCHESTER AVENUE LYING SOUTH OF SAID CENTERLINE. SAID TRACT OF LAND CONTAINING 6.97 ACRES MORE OR LESS, AND IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. R Dated at Iowa City, Iowa, this � day of r 1 '2016. / Travis Weipert l y County Auditor (seal) Johnson County, Iowa R i Prepared by and Retum to: John E. Beasley, Phelan Tucker Law Finn, PO Box 2150, 321 E. Market St., Iowa City, ]A 52244-2150, 319-354-1104 OWNER'S STATEMENT AND DEDICATION OF WINDMILL HEIGHTS SUBDIVISION KNOW ALL MEN BY THESE PRESENTS: Windmill Heights L.L.C., an Iowa limited liability company (hereinafter "Windmill"), hereby certifies and states that it is the owner and proprietor of the following described real estate situated in Johnson County, Iowa, to wit: A PORTION OF SOUTHWEST QUARTER OF THE NORTHEAST QUARTER AND THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER ALL IN SECTION 12, TOWNSHIP 79 NORTH, RANGE 6 WEST OF THE FIFTH PRINCIPAL MERIDIAN, IOWA CITY, JOHNSON COUNTY, IOWA, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF LOT 51 OF ROCHESTER RIDGE PART FOUR, IN ACCORDANCE WITH THE PLAT THEREOF RECORDED IN PLAT BOOK 57, PAGE 338; THENCE S87023'33"W ALONG THE NORTH LINE OF AUDITOR'S PARCEL'S' AND AUDITOR'S PARCEL W AS MONUMENTED AND RECORDED IN PLAT BOOK 33, PAGE 218, A DISTANCE OF 359.51 FEET TO THE EAST LINE OF WASHINGTON PARK ADDITION PART 10 AS RECORDED IN PLAT BOOK 30, PAGE 54; THENCE N01°59'57"W ALONG SAID EAST LINE OF WASHINGTON PARK , A DISTANCE OF 329.90 FEET TO THE SOUTHEAST CORNER OF GREEN MOUNTAIN MEADOW AS RECORDED IN PLAT BOOK 39, PAGE 84; THENCE N01055'05"W ALONG SAID EAST LINE OF GREEN MOUNTAIN MEADOW , A DISTANCE 512.74 FEET TO THE CENTERLINE OF ROCHESTER AVENUE AS SHOWN ON THE ROAD RIGHT-OF-WAY RE-ESTABLISHMENT PLAT RECORDED IN PLAT BOOK 54, PAGE 300; THENCE NORTHEASTERLY ALONG SAID CENTERLINE BEING A CURVE TO THE LEFT HAVING A RADIUS OF 1146.59 FEET AND A CHORD BEARING OF N 77°55'37" E, AN ARC LENGTH OF 137.70 FEET; THENCE N74°44'13"E ALONG SAID CENTERLINE, A DISTANCE OF 231.91 FEET TO THE WEST LINE OF ROCHESTER RIDGE PART ONE EXTENDED NORTHERLY AS RECORDED IN PLAT BOOK 56, PAGE 60; THENCE SO 1 °50'43"E ALONG SAID WEST LINE OF ROCHESTER RIDGE PART ONE AND THE WEST LINE OF ROCHESTER RIDGE PART THREE AS RECORDED IN PLAT BOOK 57, PAGE 116 AND WEST LINE OF SAID ROCHESTER RIDGE PART FOUR, A DISTANCE OF 916.11 FEET TO THE POINT OF BEGINNING; EXCEPT 33 FEET OF ROCHESTER AVENUE LYING SOUTH OF SAID CENTERLINE. v SAID TRACT OF LAND CONTAINING 6.97 ACRES MORE OR LESS, AND IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. Windmill does further state that the subdivision of said real estate as it appears on the final plat of Windmill Heights is with its free consent, and in accordance with its desire. The streets and easements in said subdivision, as shown on the final plat of Windmill Heights, a Subdivision of the City of Iowa City, Iowa are hereby dedicated to the public, as provided by Chapter 354 of the 2015 Code of Iowa, as amended. IN WITNESS WHEREOF, the proprietor has caused these presents to be signed on this day of jKa.y 12016. STATE OF IOWA ss: COUNTY OF JOHNSON Wi win Ne 466 U G Windmill Heights LLC By: Its: Mana ember On this Z^Alday of, 2016, before me the undersigned, a Notary Public in and for said County and Sfite, personally appeared G. Joseph Clark, to me personally known who being by me duly swom, did say that he is the Manager/Member, 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 Manager and Member; and that G. Joseph Clark as Manager/Member acknowledged the execution of the foregoing instrument to be the voluntary act and deed of the limited liability company, by it and by him voluntarily executed. a s allJohn E CaneiMiOn qep t IN 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 UNDERGROUND UTILITY EASEMENTS WINDMILL HEIGHTS SUBDIVISION In consideration of the approval of the Final Plat of Windmill Heights, a Subdivision of the City of Iowa City, Iowa, Windmill Heights L.L.C., an Iowa limited liability company, hereby grants to the City of Iowa City, Iowa, Mid -American Energy Company, Century Link, MediaCom and their successors and assigns, a perpetual right of way easement upon, over, under, along and across the areas marked on the Final Plat of Windmill Heights, Iowa City, Iowa, as "15.0' 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. 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. rJ Dated this day of d, 2016. STATE OF IOWA ss: COUNTY OF JOHNSON (A.'amill Ue4Iis LLC Windmill Heights L.L. . By: Its: Manag ember On this T4 day of I f U , 2016, before me the undersigned, a Notary Public in and for said County and Ste, personally appeared G. Joseph Clark, to me personally known who being by me duly swot, did say that he is the Manager/Member, 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 Manager and Member; and that G. Joseph Clark as Manager/Member acknowledged the execution of the foregoing instrument to be the voluntary act and deed of the limited liability comppnyy, by it and by him voluntarily executed. C1 �� in and for /he State of Iowa 4�aIKs John E Beasley �a+onMmDr18i5p5 • • My CmM"m Eq� 10 Prepared by and Retum to. John E. Beasley, Phelan Tucker Law Fin, PO Box 2150, 321 E Market St., lows City, 1A 52244-2150,319-354-1104 STORM SEWER EASEMENT AND DRAINAGE EASEMENT WINDMILL HEIGHTS SUBDIVISION THIS AGREEMENT, made and entered into by and between Windmill Heights L.L.C., an Iowa limited liability company, (hereinafter "Windmill"), 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, Windmill 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 "15.0' Storm Sewer Easement" on the Final Plat of Windmill Heights, a Subdivision of the City of Iowa City, Iowa. In addition, Windmill grants to the City an easement for purposes of draining storm water over and across, and the right of ingress and egress, the area designated as "15.0" "Drainage Easement" on the Final plat of Windmill Heights, a Subdivision of the City of Iowa City, Iowa. The areas described above shall be referred to herein as "easement areas." Windmill 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 Windmill against unreasonable loss or damage which may occur in the negligent exercise of the easement rights by the City. V Except as expressly provided herein, the City shall have no responsibility for maintaining the easement areas. Windmill 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 Windmill 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. Windmill hereby covenants with the City that Windmill 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 Windmill 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 Windmill until completion by Windmill, 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] gut Dated this �_ day of &V 12016. STATE OF IOWA ss: COUNTY OF JOHNSON By: Its: L.L.C. II _ LLC On this -z lay of � , 2016, before me the undersigned, a Notary Public in and for said County and Sate, personally appeared G. Joseph Clark, to me personally known who being by me duly sworn, did say that he is the Manager/Member, 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 Manager and Member; and that G. Joseph Clark as Manager/Member acknowledged the execution of the foregoing instrument to be the voluntary act and deed of the limited lial ty cojnp�y, by it and by him voluntarily executed. \l � // Public in and fodthe State of Iowa gq John E Bonsloywro.tem Eou lid (SEAL) ATTEST: By: 71 Mar'tan-Karr, City Clerk STATE OF IOWA ) ) SS: COUNTY OF JOHNSON ) CITY OF IOWA CITY, IOWA By. � . /�— Jai&s A. Throgmorton, Mayor On this I D -t1` day of W-O-j� , 2016, before me a Notary Public in and for said State, personally appeared James A. Throgmorton and Marian Karr, 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. FX� KELLIE K NTTLECommission Number 221818My mis Ion Expires Notary Public in and for the State of Iowa put Prepared by and Retum to: John E. Beasley, Phelan Tucker Law Firm, PO Box 2150, 321 E. Muket St., Iowa City, 1A 52244-2150, 319-354-1104 STORM WATER MANAGEMENT EASEMENT WINDMILL HEIGHTS SUBDIVISION THIS AGREEMENT, made and entered into by and between Windmill Heights L.L.C., an Iowa limited liability company, (hereinafter "Windmill"), 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, Windmill hereby grants to the City an easement for the purpose of constructing, reconstructing, operating and maintaining a storm water management facilities over and across the areas designated as "Storm Water Management Easement" on the Final Plat of Windmill Heights, a Subdivision of the City of Iowa City, Iowa, and referred to herein as "easement areas". Windmill 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. Windmill 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 Windmill shall not erect or construct any buildings, fences, retaining walls or other structures or obstructions on said easement areas, or substantially add to the ground cover on said easement areas. City reserves the right to remove any trees, buildings, fences or other structures erected within the easement areas without compensation or replacement. 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 VI minimize erosion in and around the easement areas. This Agreement shall be interpreted with reference to the terms of the Subdivider's Agreement for Windmill Heights, 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 Windmill Heights, a Subdivision of the City of Iowa City, Iowa at Windmill Heights' expense without notice. Windmill shall have the right to assign this obligation to a Homeowner's Association for Windmill Heights, 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. Windmill 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, and the obligation shall remain on Windmill until completion by Windmill, and acceptance by the City. 8. After completion of the storm water detention facilities for Windmill Heights, a Subdivision of Iowa City, Iowa. Windmill and its successors and assigns shall thereafter maintain the storm water management facilities, including that portion of the storm water managed facilities located in Washington Park Addition Part 10, Iowa City, Iowa. The maintenance shall include keeping the storm water maintenance facilities free of debris. The City shall have no obligation for maintenance of the storm water managed facilities or the easement areas. This obligation for maintenance will be transferred and become the obligation of the Homeowners Association formed in part for this purpose. 9. Windmill hereby covenants with the City that Windmill 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] T Dated this a. day of M&Y 12016. STATE OF IOWA ss: COUNTY OF JOHNSON J JJM� 11 1-kil6S LLC Windmill Heights L.L.C. R� ���/ RATA; On this� day of pl 2016, before me the undersigned, a Notary Public in and for said County and Sta , personally appeared G. Joseph Clark, to me personally known who being by me duly sworn, did say that he is the Manager/Member, 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 Manager and Member; and that G. Joseph Clark as Manager/Member acknowledged the execution of the foregoing instrument to be the voluntary act and deed of the limited liabit coin r, by it and by him voluntarily executed. v / / the State of Iowa John E BeasleymmCormMmoettam 110-21 Ny Cortmttlpn 16 1 u (SEAL) ATTEST: By: / e • 7tri Manan Karr, City Clerk STATE OF IOWA ) ) SS: COUNTY OF JOHNSON ) CITY OF IOWA CITY, IOWA z,--� By: JWnes A. Throgmorton, Mayor On this /01 day of , 2016, before me a Notary Public in and for said State, personally appeared James A. Throgmorton and Marian Karr, 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 for the State of Iowa KELLIE K TUTTLE u Commisslon Number221819 My C ml ion Exp1res UN Prepared by and Retum to: John E. Beasley, Phelan Tucker Law Fim, PO Box 2150, 321 E. Market St., Iowa Cuy, 1A 52244-2150, 319-354-1104 SANITARY SEWER EASEMENT WINDMILL HEIGHTS SUBDIVISION THIS AGREEMENT, made and entered into by and between Windmill Heights L.L.C., an Iowa limited liability company, (hereinafter "Windmill"), 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, Windmill 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 "15' Sanitary Sewer Easement" and "20.0' Sanitary Sewer Easement" on the Final Plat of Windmill Heights, a Subdivision of the City of Iowa City, Iowa, hereafter described as "easement areas." Windmill 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 Windmill against unreasonable loss or damage which may occur in the negligent exercise of the easement rights by the City. Except ILI as expressly provided herein, the City shall have no responsibility for maintaining the easement area. Windmill 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 Windmill 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. Windmill hereby covenants with the City that Windmill 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 Windmill 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 Windmill until completion by Windmill and until acceptance by the City, as provided by law. The provisions hereof shall insure to the benefit of and bind the successors and assigns of the respective Parties hereto, and all covenants shall apply to and run with the land and with the title to the land. [SIGNATURE PAGES TO FOLLOW) 0 Dated this a day of 2016. STATE OF IOWA WN COUNTY OF JOHNSON Wi �Iueak+s I.LG Windmill Heights L.L.C. fr3 `-:er On this day of 2016, before me the undersigned, a Notary Public in and for said County and St te, personally appeared G. Joseph Clark, to me personally known who being by me duly sworn, did say that he is the Manager/Member, 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 Manager and Member; and that G. Joseph Clark as Manager/Member acknowledged the execution of the foregoing instrument to be the voluntary act and deed of the limited liability co�p�py, by it and by him voluntarily n 111 executed. and for the State of Iowa 1W _4o John E Seeeley C WWOXVtl25ig �Y Abe Egkn 49MA10/122018 z (SEAL) ATTEST: By: -&z Mar n Karr, City Clerk STATE OF IOWA ) ) SS: COUNTY OF JOHNSON ) CITY OF IOWA CITTYY, IOWA Jani6s A. Throgniorton, May6r On this JO 1 day of � , 2016, before me a Notary Public in and for said State, personally appeared James A. Throgmorton and Marian Karr, 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 for the State of Iowa *OA KELLIE K. TUTTLECommission Number 221819 My Co misIon Expires Prepared by and Retum to. John E. Beasley, Pbelan Tucker Law Firm, PO Box 2150, 321 E. Market St., Iowa City, IA 52244-2150, 319-354-1104 SUBDIVIDER'S AGREEMENT WINDMILL HEIGHTS SUBDIVISION THIS AGREEMENT made by and between Windmill Heights L.L.C. (hereinafter "Windmill"), 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 Windmill Heights, a Subdivision of the City of Iowa City, Iowa, (hereinafter "Subdivision"), Windmill 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 28 feet in width on Green Mountain Drive, Windmill Place, and N. Westminster St., 5 foot sidewalk adjacent to Outlot B along Green Mountain Drive and Outlot C along Windmill Place and eight (8) foot wide sidewalk adjacent to the Rochester Avenue frontage, water mains, sanitary sewers, drainage ways; storm water management facilities 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. 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 Windmill 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 Windmill and a lien on the various lots in the Subdivision until completion by Windmill, and until acceptance by the City, as by law provided. Section 2. Storm Water Management. Windmill shall install and maintain storm water management facilities on this development. Windmill 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. 0 In consideration of the City approving the subdivision, Windmill 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 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 Windmill. Windmill agrees that the duty to maintain the Facilities shall remain on Windmill, 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 of this Agreement shall be constructed and installed by Windmill 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 Windmill 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 Windmill, should desire a building permit on any lot in the Subdivision before the Public Improvements required by Section I have been installed and accepted by the City, Windmill, shall deposit with the City Clerk, in escrow, an amount equal to 110% of the cost of constructing said Public Improvements 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 Windmill 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 or lots owned by Windmill or its successors in interest. The unused balance of the erosion cleanup escrow established herein shall be returned to Windmill 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, Windmill shall promptly reimburse the City for the excess costs incurred. Windmill shall be responsible for the cost of such cleaning and to the extent that Windmill 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 shall issue a building permit, provided that the applicant complies with all other requirements and ordinances of the City. -2- i Section 5. Sidewalks. Windmill agrees to install sidewalks adjacent to the streets and abutting each of the lots in said Subdivision along the Green Mountain Drive, Windmill Place and North Westminster Street frontage including Outlots A, B, and C. 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 Windmill, to construct and install such Public Improvements as stated in Section 1. Section 7. Use of Escrow Monies. If, after the issuance of an occupancy permit, the public improvements as stated in Sections 1 A -D have not been constructed and installed, the City may use funds deposited in the Improvements Escrow to construct and install such public improvements. Should the cost of the construction and installation of public 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 public improvements. Section 8. Waiver. In the event Windmill, 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 shall be a lien and charge against all the lots adjacent to or in front of which public improvements are made and any lots which may be assessed for improvements under the provisions of Chapter 384 of the 2015 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: 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 an accepted by the City, the City will issue a general -3- iJ release of this agreement except for liens relating to storm water management facilities and sidewalks. B. Storm Water Control Facility Release. With respect to Windmill'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. 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. 0 Section 10. Neighborhood Open Space. Windmill also agrees to pay the City a fee in lieu of .142 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 $7,497.60. This fee is determined on a price of $52,800.00/acre. This fee shall be deposited and administrated according to Section 14-5K of the Iowa City Code of Ordinances, as amended. Section ll. 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 Green Mountain Drive, Windmill Place and North Westminster Street as shown on the final plat of Windmill Heights is installed and accepted by the City. Section 12. Miscellaneous. A. Minimum Low Openings: Construction on Lots 3-7 and 14-16 within the Subdivision shall comply with the "Minimum Low Opening Elevation Table" as found in the latest revision of the "Site Grading and Erosion Control Plan" 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 Windmill has paid the City a water main connection fee in the amount of $3,031.95 (6.97 acres x $435.00 per acre). C. Outlots A. B and C. Outlot A and/or Outlot B shall be owned either by the owner of Lot 10, Green Mountain Meadow, Iowa City, Iowa or Outlot A by the owner of Lot 2, Windmill Heights Subdivision or Outlot B by the owner of Lot 1, Windmill Heights Subdivision. The purpose of Outlot A and Outlot B is to provide additional yard for the respective owner(s) of Outlot A and B. The owners of Outlot A and Outlot B shall at all times keep said Outlots in a safe, clean, neat and sanitary condition. The owner of each Outlot shall be responsible for maintaining such Outlots in a mowed condition, free of debris or other waste. Outlot C shall be conveyed to a Homeowners Association for the subdivision. Outlot C shall be used only for a "mailbox cluster" serving the Lot Owners within the subdivision pursuant Iowa City City Code. The Homeowner's Association shall be responsible for maintaining the mailbox cluster. D. Utilities. All electrical, telephone and cable television service and distribution lines shall be installed underground. E. 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 -5- II 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. F. Windmill Place Cul-de-sac. Windmill shall be responsible for maintaining the green space within the Windmill Place cul-de-sac. Windmill shall be permitted to assign/transfer this obligation to a Homeowner's Association for the Subdivision. G. Lot 2 and Lot 3. Lot 2 and 3 shall not have direct vehicular access from Rochester Avenue. Any structures constructed on Lot 2 and 3 shall have a minimum forty (40) foot set back from Rochester Avenue as set forth in City of Iowa City, Iowa Ordinance 14 -2A -413-3A. 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. M Mo Dated this a day of , 2016 STATE OF IOWA ss: COUNTY OF JOHNSON ) On this dayof 2016, before me the undersigned, a Notary Public in and for said County and S te, personally appeared G. Joseph Clark, to me personally known who being by me duly sw n, did say that he is the Manager/Member, 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 Manager and Member; and that G. Joseph Clark as Manager/Member acknowledged the execution of the foregoing instrument to be the voluntary act and deed of the limited liability company, by it and by him voluntarily executed. John E Beasley C&MIU an 1Am6r 182 • wr CwwnWm Expires Nota ublic in and for rpxl 10/15/2016_ (SEAL) State of Iowa CITY OF IOWA CITY, IOWA By: JaMes A. Throgmorton, Mayor -7- R ATTEST: By:%l�Lt�n J T!lGt� Marian Karr, City Clerk STATE OF IOWA ) ) SS: COUNTY OF JOHNSON ) On this 104'1' day of %7 2016, before me a Notary Public in and for said State, personally appeared James A. Throgmorton and Marian Karr, 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 for the State of Iowa s°Nr KELLIE K TUTRE Comnllssian Number 221818 My o mis on E�ims o¢a Prepared by and Return to: John E. Beasley, Phelan Tucker Law Firm, P.O. Box 2150, Iowa City, Iowa 52244-2150,(319) 354-1104 Address Tax Statement to: Windmill Heights L.L.C., 310 E. Burlington St, N 10 Iowa City, Iowa 52240 STORM WATER DETENTION FACILITY EASEMENT AGREEMENT (Off—Site) FOR VALUABLE CONSIDERATION, THIS STORM WATER DRAINAGE FACILITY EASEMENT AGREEMENT, made and entered into by and between the City of Iowa City (hereinafter "City"), Windmill Heights L.L.C. (hereinafter "Windmill"), Windmill Heights Homeowner's Association (hereinafter "Homeowner's Association"), Ryan O'Connor and Noga O'Connor, husband and wife, Cordell S. Cremers and Jennifer A. Cremers, husband and wife, Wilma J. Nibbelink and William Nibbelink, wife and husband, and Roger J. Reilly and Barbara A. Reilly, husband and wife (hereinafter "Owners"). BACKGROUND 1. Windmill Heights L.L.C. is the developer and contract purchaser of real estate described on the attached Exhibit "A". The real estate described on Exhibit "A" shall be subdivided and the subdivision shall be referred to herein as "Windmill Heights subdivision". 2. Ryan O'Connor and Noga O'Connor are the owners of Lot 221, Washington Park Addition, Part 10, Iowa City, Iowa. 3. Cordell S. Cremers and Jennifer A. Cremers are the owners of Lot 222, Washington Park Addition, Part 10, Iowa City, Iowa. 4. Wilma J. Nibbelink is the owner of Lot 223, Washington Park Addition, Part 10, Iowa City, Iowa. Wilma J. Nibbelink's spouse is William Nibbelink and he joins in this easement. 5. Roger J. Reilly and Barbara A. Reilly are the owners of Lot 224, Washington Park Addition, Part 10, Iowa City, Iowa. 6. The individuals identified in Paragraphs 2-5 herein shall be referred to collectively herein as "Owners". 7. There is a storm water detention basin located on Lots 221-224 of Washington Park Addition, Part 10, Iowa City, Iowa, as shown on the Final Plat of Washington Park Addition, Part 10, Iowa City, Iowa, which Plat is recorded in Plat Book 30, Page 54, of the records of Johnson County, Iowa. In addition, there is a storm water management easement, which easement is recorded in Book 1002, Page 376, of the records of Johnson County, Iowa, covering the storm water detention basin described in this Paragraph 7. The storm water detention basin described in this Paragraph 7 shall be referred to herein as "Washington Park storm water detention basin". a The Washington Park storm water detention basin includes a berm located within the eastern portion of the storm water management easement described in Paragraph 7 herein. Windmill desires to satisfy its stormwater management obligations imposed pursuant to the laws of the State of Iowa and the City of Iowa City by constructing modifications to the eastern berm of the Washington Park storm water detention basin and use of the eastern berm of the Washington Park storm water detention basin in conjunction with construction of certain stormwater detention facilities on the Windmill Heights property. The storm water detention basin constructed and operated on the Windmill Heights subdivision shall be referred to herein as "Windmill Heights storm water detention basin". EASEMENTS Owners hereby grant and convey to Windmill and the City of Iowa City, Iowa (hereinafter "City") an easement over and across the eastern berm of the Washington Park storm water detention basin, specifically the area designated on the Easement Plat attached as Exhibit "B" for the purpose of construction, installation, maintenance and use of storm water control structures and a storm water detention facility, together with the right of ingress and egress thereto over and across the easement area, for the Windmill Heights subdivision. This easement shall include the right to modify, alter and use the eastern berm of the Washington Park storm water detention basin as provided in the Grading and Erosion Control Plan attached as Exhibit "C". Said modification and use of the eastern berm of Washington Park storm water detention basin shall be in accordance with the Exhibit "C" and according to plans and specifications approved by the City of Iowa City, Iowa. 2. Furthermore, Owners hereby grant and convey to Windmill and the City an easement over and across the easement area and the Washington Park storm water detention basin for purposes of drainage of "storm water overflow" from the Windmill Heights storm water detention basin. For purposes of this easement, "storm water overflow" shall mean when storm water overflows from the Windmill Heights storm water detention basin as a result of the Windmill Heights storm water detention basin exceeding its designed capacity to detain and drain storm water. 3. Owners further grant to the City the right of grading said easement area for the full width thereof, and to extend the cuts and fills for such grading into and onto said lands along and outside of the said easement area to such extent as the City may find reasonably necessary. 4. Owners further grant to the City the right from time to time to trim, cut down and clear away any and all trees and brush on said easement area 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. 5. 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 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. 6. Windmill, in the installation of the modifications and improvements described herein, shall indemnify Owners against (i) any loss, damage or injury to the Owners or the Owners' property, -2- M and (ii) any loss, damage, injury, claim or other liability to any third party which may occur as a result of Windmill's or its representatives', agents' or contractors' installation of the modifications and improvements described herein. Except as to modifications specifically permitted herein, Windmill shall promptly repair any and all damages caused by Windmill's construction and excavation of the eastern berm of the Washington Park storm water detention basin. Homeowner's Association shall also be responsible for and shall promptly repair any and all damages caused to the Washington Park storm water detention basin as a result of the use of the Washington Park storm water detention basin by the Windmill Heights subdivision and storm water overflow from the Windmill Heights storm water detention basin. In the excavation and construction described herein, Windmill agrees that the grade of the south side of the eastern berm of the Washington Park storm water detention basin shall not be altered/changed so as to prevent said south side to continue to be mowed with a riding lawn mower and further to protect, preserve and leave intact in its present condition the existing tree referenced and noted on Exhibit "C" (Reilly property). 8. Owners reserve the right to use said easement areas for purposes which will not interfere with Windmill and the City's full enjoyment of the rights hereby granted; provided that 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 easement area, or diminish or substantially add to the ground cover over said easement area. City reserves the right to remove any trees, buildings, fences or other structures erected within the easement area without compensation. 9. Subject to the easement rights granted to the City, the owner(s) of the easement area shall keep said easement area free from weeds and debris and shall maintain the entire area so as to minimize erosion in and around the easement area. 10. The Windmill Heights storm water detention basin and any and all modifications to the Washington Park storm water detention basin shall be in accordance with plans and specifications approved by the City. 11. Nothing in this Agreement shall be construed to impose a requirement on the City or Owners to install the original public improvement(s) at issue herein. Nor shall Windmill 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 Windmill until completion by Windmill, and until acceptance by the City. 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. -3- II Dated this day of 2016. ,�" sm John E Beasley 'Alt CWMUWMtn*1GM • NY Came WM Egir 1 STATE OF IOWA ss: COUNTY OF JOHNSON WI �I 2CAY - GLC Windmill Heights L.L.C. By: G. Jos lark—Manager/Member On this �i"4 day of 2016, before me the undersigned, a Notary Public in and for said State, personally appeared G. Joseph Clark, to me personally known, who, being by me duly sworn, did say that he is Manager and Member of Windmill Heights L.L.C., and that said instrument was signed on behalf of said limited liability company; and that the said G. Joseph Clark as such officer, acknowledged the execution of said instrument to be the voluntary act and deed of said limited liability company, by him voluntarily executed. Notary P i6 in and for the j tate of Iowa �+ John to �yonnw,� ikkmilt jkjj�14S CL< oaw IUE'9+�a� Windmill Heights Homeo 's Association 2O�g By: y Its: T ✓l S i� -4- z STATE OF IOWA ss: COUNTY OF JOHNSON On this Za day of G , 2016, before me the undersigned, a Notary Public in and for said State, personally app 6.'3oVj0h na,C to me personally known, who, being by me duly sworn, did say that he is of Windmill Heights Homeowner's Association, and that saidinstru ent was signed on behalf of said Homeowner's Association; and that the said �o �: 6FOI as such officer, acknowledged the execution of said instrument to be the voluntary act a d deed of said Homeowner's Association, by him voluntarily executed. M John E Beasley Cam�UM Huobw 16M My COMnission EvOm10/15/2018 STATE OF IOWA for The State of Iowa 29004M O'Connor ss: COUNTY OF JOHNSON) On this f dlayoof 2016, before me the undersigned, a Notary Public in and for said County and S te, personally appeared Ryan O'Connor and Noga O'Connor, husband and wife, to me known to be the identical persons named in and who executed the within and foregoing instrument, to which this is attached, and acknowledged that they executed the same as their voluntary act and deed. Eq John E Beasley Coimitylon Nn.r 161Qg6 wcoEOn -5- in and for the Mate of Iowa s Cordell S. Cremers ON F MA;h; MEN -0 - =--01,�--gli 110 STATE OF IOWA ss: COUNTY OF JOHNSON On this 25�+ day of Ab/i f . 2016, before me the undersigned, a Notary Public in and for said County and State, personally appeared Cordell S. Cremers and Jennifer A. Cremers, husband and wife, to me known to be the identical persons named in and who executed the within and foregoing instrument, to which this is attached, and acknowledged that they executed the same as their voluntary act and deed. _ / Bohn .D M E iM y WrC "No DPW Cat n 1E.tC 32910=10 I mlr STATE OF IOWA ss: COUNTY OF JOHNSON ) in and for thelState of Iowa /iraYA 0;? William Nibbe m On this' day of 2016, before me the undersigned, a Notary Public in and for said County and State, p6sonally appeared Wilma J. Nibbelink and William Nibbelink, husband and wife, to me known to be the identical persons named in and who executed the within and foregoing instrument, to which this is attached, and acknowledged that they executed the same as their voluntary act and deed. os John E g Notary MY Commisaiori SGS awn 10/15/2p�jg� / / in and for the State 0 STATE OF IOWA ss: COUNTY OF JOHNSON On this .2179day of 4p6 i , 2016, before me the undersigned, a Notary Public in and for said County and (State, personally appeared Roger J. Reilly and Barbara A. Reilly, husband and wife, to me known to be the identical persons named in and who executed the within and foregoing instrument, to which this is attached, and acknowledged that they executed the same as their voluntary act and deed. NotaryIPublic in and for t4 State of Iowa • E+1� -7- M (SEAL) CITY OF IOWA CITY, IOWA J(mes A. Throgmorton, d ayor ATTEST: By: 2Latu' f//!/ 7) - 7►�Lu� Manan Karr, City Clerk STATE OF IOWA ) ) SS: COUNTY OF JOHNSON ) On this /oNday of / 2016, before me a Notary Public in and for said State, personally appeared James A. Throgmorton and Marian Karr, to me personally known, who being duly swom, 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. k r-l'w k1 ItL tf' Notary Public in and for the State of Iowa KELLIE K. TUTrLE +o CommissunNumber221819 ` My co mis n Expires 0\9 sm N Exhibit "A" LEGAL DESCRIPTION —WINDMILL HEIGHTS A PORTION OF SOUTHWEST QUARTER OF THE NORTHEAST QUARTER AND THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER ALL IN SECTION 12, TOWNSHIP 79 NORTH, RANGE 6 WEST OF THE FIFTH PRINCIPAL MERIDIAN, IOWA CITY, JOHNSON COUNTY, IOWA, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF LOT 510F ROCHESTER RIDGE PART FOUR, IN ACCORDANCE WITH THE PLAT THEREOF RECORDED IN PLAT BOOK 57, PAGE 338; THENCE S87°23'33"W ALONG THE NORTH LINE OF AUDITOR'S PARCEL'B' AND AUDITOR'S PARCEL 'A, AS MONUMENTED AND RECORDED IN PLAT BOOK 33, PAGE 218, A DISTANCE OF 359.51 FEETTO THE EAST LINE OF WASHINGTON PARK ADDITION PART 10 AS RECORDED IN PLAT BOOK 30, PAGE 54; THENCE N01°59'57"W ALONG SAID EAST LINE OF WASHINGTON PARK, A DISTANCE OF 329.90 FEETTO THE SOUTHEAST CORNER OF GREEN MOUNTAIN MEADOW AS RECORDED IN PLAT BOOK 39, PAGE 84; THENCE N01*55'05"W ALONG SAID EAST LINE OF GREEN MOUNTAIN MEADOW, A DISTANCE 512.74 FEETTO THE CENTERLINE OF ROCHESTER AVENUE AS SHOWN ON THE ROAD RIGHT-OF-WAY RE- ESTABLISHMENT PLAT RECORDED IN PLAT BOOK 54, PAGE 300; THENCE NORTHEASTERLY ALONG SAID CENTERLINE BEING A CURVE TO THE LEFT HAVING A RADIUS OF 1146.59 FEET AND A CHORD BEARING OF N 77'55'37" E, AN ARC LENGTH OF 137.70 FEET; THENCE N74°44'13"E ALONG SAID CENTERLINE, A DISTANCE OF 231.91 FEET TO THE WEST LINE OF ROCHESTER RIDGE PART ONE EXTENDED NORTHERLY AS RECORDED IN PLAT BOOK 56, PAGE 60; THENCE S01°50'43"E ALONG SAID WEST LINE OF ROCHESTER RIDGE PART ONE AND THE WEST LINE OF ROCHESTER RIDGE PARTTHREE AS RECORDED IN PLAT BOOK 57, PAGE 116 AND WEST LINE OF SAID ROCHESTER RIDGE PART FOUR, A DISTANCE OF 916.11 FEET TO THE POINT OF BEGINNING; EXCEPT 33 FEET OF ROCHESTER AVENUE LYING SOUTH OF SAID CENTERLINE. SAID TRACT OF LAND CONTAINING 6.97 ACRES MORE OR LESS, AND IS SUBJECTTO EASEMENTS AND RESTRICTIONS OF RECORD. III PRSPARBO BY: MOM 8, 11AG211M. PIS MK BNGINBffiTG, I= 609 S. G9.BER1• ST., IOWA COY, 1A I'll SIG -898-7657 EXHIBIT IGB'I EASEMENT PLAT . WWMILL HEIGHTS IOWA CITY, TA L I I II N illy \16 \ 1 III • EXHIBIT PREPARED FOR CONSTRUCTION AND STORMWATER MANAGEMENT EASEMENT AGREEMENT LEGAL DESCRIPTION: LE9E9G; THAT PART OF LOTS 221, 222, 223, AND 2241N WASHINGTON PARKADDMON PART IO RECORDED IN PLAT BOOK 30. PAGE 54 OF THEJOHNSON COUNTY RECORDERS OFFICE, IOWA CITY, IOWA, THE BOUNDARIES OF WHICH ARE DESCRIBEDAS FOLLOWS: °°s""'° PRGveBrr BEGINNING AT THE SOUFHEAST CORNER OF LOT 224 OF SAID WASHINGTON PARK ADDITION PART 10, THENCE 5883B'41'W ALONG THE SOUTH UNE OF SAID LOT 224, A ' DISTANCE. OF 35.00 FEET, THENCE N32-41'4VW, A DISTANCE OF 5247 FEET; THENCE N06'21'16'E, A DISTANCE OF 35.45 FEET, THENCE 5B9'59'56'E, A DISTANCE OF 1D.00'�ty FEET; THENCE NO3-52'4rE, A DISTANCE OF 9536 FDM- THENCE N46 -53'03-E TO THE :v E EAST ONE OF SAID WASHINGTON PARK ADDITION PART 10, A DISTANCE OF 60.89 FEET, '_wi maim «` THENCE SO7'57'05°E ALONG SAID EAST UNE, A DISTANCE OF 223.98 FEETTO THE POINT 2�+u-•• • m= OFBEGINNING. SAID EASEMENT CONTAINING 0.25 ACRES MORE OR LESS. ,u�I.+"•••'+i1a'• ,., IOWA,...• EXHIBIT "B93 EASEMENT PLAT WINDMILL HEIGHTS CITY OF IOWA CITY, JOHNSON COUNTY, IOWA n.�.m.m.wm,a0 1 OF 1 hbk ��� �`;,C ENGINEERING FN : (319) 358-2937 n.�.m.m.wm,a0 1 OF 1 POLLUTION PREVEMIGN PLAN �ECdRRLLivp4�Rv Cosv^GipAERX4 pp ALL WNLULT m9P C^EMilON9 W A EVUTs ¢mwvu FpON 1P/YL46 m6 PPMRL0.'R6 mBWWOW�LLNw46 SUpLryl4a1. tHE pWNECWPPPGILRLWII i°nEv"�n lll�`MEVWPEwxmElnem.¢eNlxmw %m�aEEwnswuriaMvulleME PUWnONAavEflfLNNmmT`i°Ri°f°""W'P9 WMSENota N Aegw¢ y polisnLLL .Mx Rm u wR ra [ox9mlrna. M wNavx. XEWN 9 SUALN6NN1 IM W.VA vRr� �� NECT WaLVFY PICOWN4 RXv ipx on vnvvaoR� Llm. 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RmR Wfl CIFAWx¢MO EXYeeIXv vPWW1xWE YF¢BTAT49 NAMnB INi CRVN9WLLEEPPEEE'AV tlLT FFHe6MdttpvmFSM TMBmvNPBm WGIFS TEMvrypflYElf➢NmV61FNXY gVy6¢B6MPlEseoM vMNNMmM WIPYYIFRF WX9IPYCT4Y 0L10/11Y44MYPVYVP➢ f44 nTlWtiS oaY¢, M^pxEe OxYLv6 RpNlND B1MilLExpORlAYEEYWV ORYtlalPovwrtNW SNMYl. am9L9VbWUNV ME1Mvve vaecwrnoe5lu sEme:BPemc. iXi4llIlN! SML. BE vNC x ACpxw:cE Wlq ¢EGNN ]Ft vFiX9 RWBNIo TI�R[9NN1.[ PAI�rYRNcvIWmCmAP11NClau t+WYIAG@NMB. li6w, elW Evc ssti MBRIoµLL ERB5IBN WYILVLNFYSVAI'e90mNnmI�B sIEAWMIDB'/iNEMW�FAAAflf PIFm WVEswWnmL nuiB WVEERNA6Yol 6 sli FElR6ICII YX.Gy EWER AVV YREA NPMPR4R NE65YPE4.MEid Nul c: MSG.LLW BY me [N:IWLIn4 M EW6.1F0 EY TIE FNoc1EW canMcmR xNN WnwEm aE rmmavnan xm3 mE mrFsuElWwr w PEvuAr-xrrmEWnLVEEETAnoncxdnolsrvwnmw, ]. Lm[P LVMP4Li L � Ci00.M0YFva�LN.vP wvsy wNsmUGMN MpTFNNSµP CNSSPBCIIBN W Rµtl�e �sfi9FNKVYtaIAnwvY,F e�+lYGN.WI8IEMIEPv9N� S H(oPAC¢VwcpNiM BµmL FXM INFMALV.W.P+RYN1v pEaMTLVRmOEfoPEPE6TllCRh4Wa. �Y mpLL PIX. poonO�ROEny Eoe Xn cvai@Tw(tRR WEE9lemV eminiarlE NlLL NBESmgevomaNH WTNW V WLL Ee W WJNlEM0.' WnCI¢WSRIGTRNS bGLP¢sJL11RY9WFIFECT�TTIL^TME ALWMIx4m PLLPF➢EMLSNR NN IMImANCE +`n�moYmpa➢mR a PmNRm m wmv�N%uL Tvnoa Eros [amxu � m wPm woPMxo wcmo ��s� mLOWB�[R oEVLw:¢m9NinWnucwmTC WxrxwcrPmon s u .eEYvxu eEuvwxmmeFMmMsxXVE Insieow opmFaavP➢nr. vReanXAemR IsxrmnamrouFMaauwrvARYluwmumkpnP=_moP Auo eumrne Quirt eavrlmrnwl mAiFle M pmu:pm m FlsvEwr eoP Ruxo9p E. IN4PFCIIOX9 W[PYPN3 9N.W. LE AV➢E YAST.Y EY rR" cmMd[IOfl My mE OOxfMCRNC PYRpMV EVERY EMIT CNinrvx uY4. 1Xv mNmPeiop ¢XNL NLIDW4Y BWFBTPl 6xYL AEPEW'AMOW IXE.I.0 OM'.. TE9 FPP MAY B6 PENSm �.�FlNWxW�eaaPl�Nw'�taLO[�cm�V• linEnmwrMWsaEul�µuv@lan+s ¢�mEWSPFa3NX. ' ryvXSRNiN019LNML[3 :ivao"svnow¢wN aluieuwxsw°Eme oe wulw3Spui+LL.'iNl''v B"oFr1c4 NSauiNPFpowmE¢sFYmpY WYo6 Wniw9EYBrmeusicPPnnooLYLM. GvasismxeoflmonoxamxE 9TA61113AilON 6EEGING iWMX YIDIN¢ sML, ee p x[WRM4£ VIRX LOgT. m Mn4 ®Y61CiTONEELNX]n01E8911Y0AGONPEEFOA4µ➢FERIPRINL EcmnnNrw.zsx.umoxoprawummu: ¢Ppp'v.NWCNtm LLEWID MWINPYECPun avu9X6PE0.AISE iFeWCXmNCRNM ]I CR FANN NFNMpW10FH4RYFANFI) 5R9BBPmACR¢ SVNu T]1mi0.Y9 lMla p S IE9 P�EPMP4 {IDORFFIIM6(YY]SEPFPWX 1f 1v9PmAOle AFAVAXWIOEALPVWW) 9lv9PUAGPO FALLJYV' ]1 mEIDSENREM1N FE9LYE.X]ANG\YBI OXFAYM 991dYPE0.ANe /rFAw.PIMGERBRYENIW EYFFmn[x Wl OFIVY9pEPAGPfi VEIGH ¢ILW.eE GVY11Mm FM NF.YFA ATtryP Wtl GI.Y�EV WNxII�CW6]tLPPIXNIDt �VCRMNE W'W6GMINCVLY GFAOING NaTts y BwveYN3WevN<InvxaFlusa:uua6txXOUmMumtsvnmE•i a1�x6x�KNNTo�rF NvegWIOSYT�i IMnn¢eoN oxe�ldl�4 [EeMW FW SEONBN 41`'PORTB N:YVMpgBACtl19mYLTBN WEIYFEXv¢EXALLB[EtiiNlm iFIIFpONlW:KK4YPTR¢➢i4E¢pRm¢(m. 61 m�TRNL�� TON��u'LR396A9WBImITq Mx�MYW�N➢ML'(. WYPLFTFNOP¢MWIM W9NTUxaWMMG jPY¢RIEETEYBGMOEP WFFL¢¢COR9IPLCImIf9viYPpClf9w Kt9MIM[1tl1MClYEPIMggtt4@6Y M9 WXSmUCptY1 ElAXPAVI9 PXVRISmYPY. FI ETNA LBNUIIVN¢k£cwc 6lwtte¢CVVP![u A45mVMPBSmtEAIRAai nlufnGx9.uP4YmYREllox@¢NnIHGWMVMEAW¢WBelo rcFlwsP Mwww.BExFmAswFavcTpossrm¢ro pq�9'�wr°,49PALEERwonpweuw. wiw3ouana rMRMavn sRP9484 LOW wFMirtW¢FMN011ESnAV URAn.mm6TdvvEWlox v vgVE4V ALLRvtIW6vMS :. II T9sGYeanelox9L6UlNFAmSnwFS:igw V4TAFEWNi PIP9wIFNr. y M➢sTOEgPeY1�MVERECNENP�ALIpiL'IWEmM.Fv�BEIEWwexx� 91 µnE �FNA�Ln[uvsn.WVR9MELSWNR9YP.1Wiuvmito:wNR RmsrmnAPw Wnox ATLEVTaIwwuPmrnro �nees�MrapwvXNTlusrNvwrnpwrx vawuwcumePlna« mw°V!'o"naYmw::.aMTmmMeBiaio¢ii4u�rc mvnn�alrEr+wwpdw.lo nNleoµ y onrSwoPrcn�pA��nrO n� ¢EEievNroNTNiaroarv�oFmNwnom m¢WFEMxc YnswlxTwx][ WnpPtmmMarpeRwnox �wopawWaio::iw�..x¢r.r�Ei"wCOiwmewl+°RCWIemTMaoexweY EXHIBIT "C" - PAGE 1 W W Y5=0009 v0v!!R WwdaN.L �hbk SNGTNYE9II10 ��da l�ilpiu xunWau a M SA UiRMAPR[YR. N1vAam .G f CIN � YV �UT6V ]19JBtVd NRY�N o Nn WSY lIG.9XTYm:PN 4m WOCMdtlRI'SSNM" xM'RCASY. iAasva LM➢mv Mm ELBxoxmxr¢ot. tux FXHIRIT "r" _ PDGF 'ivv I 15.0009 3I ' t SG"10Ar aqR O�NS�ITMIT'. IPRAP (JUTLET' . I R. . t� . BAS/N FR �•. EXISTIN ¢L. BHI'!"_�� .,..q UNDISTURBP9) x II hbk ' I � •'. I iD'ET. BASIN CONNEC710 I JP'�LEWAY BASIN EL. 7Q.50"; yW 1M16wOa°N .I IOWwp,Y�61 P EERVE'•P.N�PROTECT 1 EXISTINGTREE-.. i6 vdLVBGLINRTR r/ , � ' OMRCRY• Aqa 1 � I I `, ,, ' / UHNNfIMMY4V 06TH. `. TOP OF DET, BASIN AT I , EL. 76550' � ma6xuu. Nf SERVE EXISTI6,IGTREE RIPRAPPED OVERFLOW SPILLWAY EL. 754.50' mm 5 �D LB Prepared by and Return to: John E. Beasley, Phelan Tucker Law Finn, P.O. Box 2150, Iowa Cary, Iowa 52244-2150,(319) 354-1104 Address Tax Statement to: Windmill Heights L L C 310E Burlington St #10 Iowa Ciry, Iowa 52240 SANITARY SEWER AND STORM SEWER EASEMENT AGREEMENT (Off—Site) THIS SANITARY SEWER AND STORM SEWER EASEMENT AGREEMENT, made and entered into by and between Windmill Heights L.L.C. (hereinafter "Windmill"), the City of Iowa City, Iowa (hereinafter "City") and Roger J. Reilly and Barbara A. Reilly, husband and wife (hereinafter "Reilly"). Windmill is the owner and developer of real estate described on the attached Exhibit "A". The real estate described on Exhibit "A" shall be subdivided and this subdivision shall be referred to herein as Windmill Heights subdivision. 2. Reilly is the owner of real estate described as Lot 224, Washington Park Addition, Part 10, Iowa City, Iowa. 3. Windmill Heights subdivision requires a sanitary sewer and storm sewer line across the Reilly's real estate for the benefit of the Windmill Heights subdivision. Therefore, for the sum of $1.00 and other valuable consideration, the receipt of which is hereby acknowledged: Reilly hereby grants and conveys to Windmill and to the City an easement for the purpose of excavating for and the installation, replacement, maintenance and use of such sanitary sewage and storm sewer lines, pipes, mains, and conduits as the City shall require for conveying sewage and 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 "Sanitary Sewer Easement" and "Storm Sewer Easement" on the attached Exhibit `B1" and "B2",incorporated herein and hereafter described as "easement area." 2. Reilly further grants to Windmill and the City the right of grading said easement area for the full width thereof, and to extend the cuts and fills for such grading into and onto said lands along and outside of the said easement area to such extent as Windmill and the City may find reasonably necessary. Reilly further grants to Windmill and the City the right from time to time to trim, cut down and clear away any and all trees and brush on said easement area 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 Windmill and the City's rights hereunder in any manner. Notwithstanding anything to the contrary herein, Windmill and City shall make a good faith effort to preserve the tree identified as "Existing Tree" on the attached Exhibit `B 1". 4. Windmill shall be responsible for construction and installation of the sanitary sewage line and storm sewer line. 5. During initial construction and installation of the sanitary sewage line and storm sewer line, Windmill and the City shall not be permitted to access the easement area from Green Mountain Drive, Iowa City, Iowa and the easement area shall only be accessed from Windmill Heights subdivision. In addition, during initial construction and installation of the sanitary and storm sewer, including repair of damage caused by initial construction and installation of the sanitary sewer and storm sewer, Windmill shall promptly backfill any trench made by it, and repair any and all damage caused to the easement area, including re -sod and/or seed and regrade with a minimum of four (4) inches of top soil to the damaged areas. 6. After the sanitary sewage line and storm sewer line are installed by Windmill and accepted by the City, the City shall be responsible for maintenance and repair of the sanitary sewage line and storm sewer line within the easement area, including repair of all the easement area that is damaged as a result of said maintenance and repair. 7. The City in exercise of its rights under this Sanitary Sewer and Storm Sewer Easement Agreement, shall promptly backfill any trench made by it and repair any and all damages caused within the easement area. The City shall indemnify Reilly against any loss or damage which may occur in the negligent exercise of the easement rights by the City. 8. Windmill shall indemnify and hold harmless Reilly against (i) any loss, damage or injury to the Reillys or Reilly's real estate or property and (ii) any loss, damage, injury, claim or other liability to any third party which may occur as a result of Windmill's or its representatives', agents', or contractors' installation and construction of the sanitary sewer line and storm sewer line on Reilly's real estate. 9. Reilly reserves the right to use said easement area for purposes which will not interfere with Windmill's and the City's full enjoyment of the rights hereby granted; provided that Reilly 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 area. The City reserves the right to remove any such improvements installed within the easement area without compensation or replacement. 10. Reilly hereby covenants with Windmill and the City that Reilly 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. 11. Nothing in this Agreement shall be construed to impose a requirement on Reilly or the City to install the sanitary sewer line or the storm sewer line, nor shall Windmill be deemed as acting as the City's agent during the original construction and installment of said improvements. 12. The parties agree that the obligation to install the public improvement(s) herein shall be in accordance with the plans and specifications approved by the City, and the obligation shall remain on Windmill until completion by Windmill and until acceptance by the City, as provided by law. 13. This easement is expressly subject to and contingent upon approval by the City of Iowa City, Iowa, of the Final Plat for Windmill Heights subdivision. -2- IN 14. This Sanitary Sewer and Storm Sewer Easement Agreement does not amend or revise any rights granted to the City under a Sanitary and Storm Sewer Drainage Easement recorded in Book 1002, Page 376 of the Records of Johnson County, Iowa pertaining to Washington Park Addition, Part 10, Iowa City, Iowa. 15. Reilly hereby grants to Windmill a temporary construction easement for the purpose of storage and/or collection of excavation materials during the installation and construction of the sanitary sewage line and storm sewer line on Reilly's real estate over and across the area designated as "temporary sanitary sewer construction easement" on the attached Exhibit `BY. The temporary construction easement area shall also include the right of ingress and egress over and across the temporary construction easement area. The temporary construction easement shall terminate upon acceptance of the City of Iowa City, Iowa of the sanitary sewer line and storm sewer line installed pursuant to this Sanitary Sewer and Storm Sewer Easement Agreement. Windmill shall promptly repair any and all damages caused by Windmill to the temporary construction easement area, including re -sodding and/or seeding and regrading with a minimum of 4 inches of top soil to the damaged areas. Post construction, the Reilly real estate shall, to the extent possible, be returned to its condition prior to the commencement of construction. The indemnification provision set forth in Paragraphs 7 and 8 above shall also apply to Windmill and City in their exercise of the temporary construction easement rights described herein. The provisions hereof shall insure to the benefit of and bind the successors and assigns of the respective Parties hereto, and all covenants shall apply to and run with the land and with the title to the land. Dated this .3 day of�> 2016. Windmill Heights L.L.C. By: 5;9a - G Jose ark — Manager/Member -3- NO STATE OF IOWA ss: COUNTY OF JOHNSON On this � day of C� 2016, before me the undersigned, a Notary Public in and for said State, personally apptared G. Joseph Clark, to me personally known, who, being by me duly sworn, did say that he is Manager and Member of Windmill Heights L.L.C., and that said instrument was signed on behalf of said limited liability company; and that the said G. Joseph Clark as such officer, acknowledged the execution of said instrument to be the voluntary act and deed of said limited liability company, by him voluntarily executed. MJohn E 1308010Y a A My Ca""'icsion Emits 4- 7 (SEAL) ATTEST: By: ir/�99 � . MarihmKarr, City Clerk STATE OF IOWA ) ) SS: COUNTY OF JOHNSON ) CITY OF IOWA CITY, IOWA / J By: Jarffes A. Throgmorton — Mayor On this L day of I 2016, before me a Notary Public in and for said State, personally appeared James A. Throgm rton and Marian Karr, 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. C w s KELUE K. TUTTLE � l/ l I -e Il Commis�un Number221916 �Notary Public in and for the State of Iowa ��� My Co mis Ion E�Irea , C17L. 1 Roger Barbara A. Reilly -5- M STATE OF IOWA ss: COUNTY OF JOHNSON ) On this day of , 2016, befor Public in and for said County and Stat4, personally appeared Roger husband and wife, to me known to be the identical persons named in foregoing instrument, to which this is attached, and acknowleed th; voluntary act and deed. %� 2 GOV John jEllea:81fly Yy Co Notary ;V me the undersigned, a Notary J. Reilly and Barbara A. Reilly, and who executed the within and t they executed the same as their in and for the State of Iowa 0 Exhibit "A" LEGAL DESCRIPTION — WINDMILL HEIGHTS A PORTION OF SOUTHWEST QUARTER OF THE NORTHEAST QUARTER AND THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER ALL IN SECTION 12, TOWNSHIP 79 NORTH, RANGE 6 WEST OF THE FIFTH PRINCIPAL MERIDIAN, IOWA CITY, JOHNSON COUNTY, IOWA, DESCRIBED AS FOLLOWS: BEGINNING ATTHE SOUTHWEST CORNER OF LOT 51 OF ROCHESTER RIDGE PART FOUR, IN ACCORDANCE WITH THE PLAT THEREOF RECORDED IN PLAT BOOK 57, PAGE 338; THENCE S87'23'33"W ALONG THE NORTH LINE OF AUDITOR'S PARCEL'B' AND AUDITOR'S PARCEL W AS MONUMENTED AND RECORDED IN PLAT BOOK 33, PAGE 218, A DISTANCE OF 359.51 FEETTO THE EAST LINE OF WASHINGTON PARK ADDITION PART 10 AS RECORDED IN PLAT BOOK 30, PAGE 54; THENCE NOi°59'57"W ALONG SAID EAST LINE OF WASHINGTON PARK, A DISTANCE OF 329.90 FEETTO THE SOUTHEAST CORNER OF GREEN MOUNTAIN MEADOW AS RECORDED IN PLAT BOOK 39, PAGE 84; THENCE N01°55'05"W ALONG SAID EAST LINE OF GREEN MOUNTAIN MEADOW, A DISTANCE 512.74 FEETTO THE CENTERLINE OF ROCHESTER AVENUE AS SHOWN ON THE ROAD RIGHT-OF-WAY RE- ESTABLISHMENT PLAT RECORDED IN PLAT BOOK 54, PAGE 300; THENCE NORTHEASTERLY ALONG SAID CENTERLINE BEING A CURVE TO THE LEFT HAVING A RADIUS OF 1146.59 FEET AND A CHORD BEARING OF N 77°55'37" E, AN ARC LENGTH OF 137.70 FEET; THENCE N74"44'13"E ALONG SAID CENTERLINE, A DISTANCE OF 231.91 FEETTO THE WEST LINE OF ROCHESTER RIDGE PART ONE EXTENDED NORTHERLY AS RECORDED IN PLAT BOOK 56, PAGE 60; THENCE 501°50'43"E ALONG SAID WEST LINE OF ROCHESTER RIDGE PART ONE AND THE WEST LINE OF ROCHESTER RIDGE PARTTHREE AS RECORDED IN PLAT BOOK 57, PAGE 116 AND WEST LINE OF SAID ROCHESTER RIDGE PART FOUR, A DISTANCE OF 916.11 FEET TO THE POINT OF BEGINNING; EXCEPT 33 FEET OF ROCHESTER AVENUE LYING SOUTH OF SAID CENTERLINE. SAID TRACT OF LAND CONTAINING 6.97 ACRES MORE OR LESS, AND 15 SUBJECTTO EASEMENTS AND RESTRICTIONS OF RECORD. it Exhibit IIS -111 LEGAL DESCRIPTION. SANITARY SEWER EASEMENT A PORTION OF LOT E4 OF WASHINGTON PARK ADDITION -PART 101N THE SOUTHWEST QUARTER OF THE NORTHEAST DUARTER OF SECTION 12, TOWNSHIP 79 NORTH, RANGE 0 WEST OF THE FIFTH PRINCIPAL MERIDIAN AS RECORDED IN BOOK 30, PAGE S4, RECORDS OF JOHNSON COUNTY, IOWA CRY, IOWA OESCRIBEDAS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID LOT 224; THENCE N01'59571N ALONG THE EAST UNE OF SAID WASHINGTON PARK ADDITION -PANT 10, A DISTANCE OF 28.58 FEET FOR THE POINT OF BEGINNING; THENCE CONTINUING N01 -59.67V ALONG THE EAST LINE OF SAIDWASHINGTON PARK AODIIIONPART 10, A DISTANCE OF 20A7 FEET; THENCE S76.4027'W, A DISTANCE OF 116.63 FEET TO THE EASTERLYUNE OF AN EXISTING SANITARY SEWER EASEMENT; THENCE 817'IR'1FE ALONG THE EASTERLY LINE OF SAID SANITARY EASEMENT, A DISTANCE OF 20.03 FEET, THENCE NTS'4DV'E, A DISTANCE OF 110.42 FEET TO THE POINT OFSEGINMNG. Il yyASHIN�TON PARK Pf14 zTI�0 54 ISOOK� 1 \ SIV 18'15"E 20.01 zzs NEIG ITS LOT 161, E%ISTWGTREETO REPRESERYED AND FR -- 224 g/ 5•AO'27"�") 71509 ow^'" 6 a75• AO' 27•E ) � �yo➢➢NZ220�_4-7'�-- LOT CR1E49. �Po PONT OF COMWENCELIENT� \ \ \ rss Q�0 I inch 40 fL EASEMENT PLAT I hbk SANITARY SEWER EASEMENT CITY OF IOWA CITY, JOHNSON COUNTY, IOWA ENGINEERING 69' 5TW .wmmDawrt auss,».xlrw.w+A®rrn HBK ENGINEERING, LLC 509 S. GILBERTST. 10WA CIT$1A SE40 PHONE: (319) WB.7557 FAX: (319) 356.2937 21 Exhibit "B-211 LEGAL DESCRIPTION - STORM SEWER EASEMENT A PORTON OF LOT= OF WASHINGTON PARK ADDITON-PART 1D IN THE SOUFHWESF QUARTER OF THE NORTHEAST QUARTER OF SECTION 12. TOWNSHIP 79 NORTH RANGE 6 WEST OF THE FIFTH PRINCIPAL MERIDIAN AS RECORDED IN BOOK 30, PAGE 54, RECORDS OF JOHNSON COUNTY, IOWA CITY, IOWA DESCRIBED AS FOLLOWS COMMENCING AT THE SOUTHEAST CORNER OF SAID LOT M: THENCE NO1'S357W ALONG THE EAST UNE OF SAID WASHINGTON PARKADDRION-PART 10, A DISTANCE OF 39.76 FEET FOR THE POINT OF BEGINNING; THENCE CONTINUING N01.59.57V ALONG THE EAST LINE OF SAID WASHINGTON PARK ADDITION PART 10, A DISTANCE OF 33.08 FEED, THENCE S24.57'67W, A DISTANCE OF 81.09 FEET; THENCE S09 -46 -OTE, A DISTANCE OF 16.80 FEET THENCE N24.57'57 -E, A DISTANCE OF 44.70 FEET TO THE POINT OF BEGINNING. I,JIfoj4 PARK WAI �HINuIT! N Ip T 10 54 Ig00KOPACE 1 1 223 111 WINI)MI1\ yEIGNTS LOT 151 noencRFsl / � � N01. 59'57W 33.=, V— / LOT 14 vev vACW`' 030ACRES T OF BEGINNAG N01 -59'57'W 39.7j' N24' 57'57"E 44.70' 1 \\ 224 �A g u•R+N' \ i i e N87 -46'D7 -E 16.86'— \ POINT OF COMMENCEMENT \ 165 0 20 40 so � 1 luBb = 40 1L. EASEMENT PLAT I hbk STORM SEWER EASEMENT CITY OF IOWA CITY, JOHNSON COUNTY, IOWA ENGINEERING iMCW.IS N: wrfHs¢ x+= :tom'•. .' ...., ANA...., i RBEENGINRERNG,LLC 509 S. GiLBERTST, IOWA CITY, IA 52240 PRONE: (319) 338-7557 VAX: (319) 358-2937 met TEH .soma ov-1svoM 1•.ao• 1 OF 1 IDA Exhibit "B-3" LEGAL DESCRIPTION - TEMPORARY CONSTRUCTION EASEMENT A PORTION OF LOT 224 OF WASHINGTON PARK ADDITION -PART 101N THE SONTHWEST QUARTEROFTHE NEON COUQUARTER CI SECTION 12. TOWNSHIP TSNORTH, RANGE 6 WEST OF THE FIFTH PRINCIPAL MERIDIAN AS RECORDED IN BOOK 30, PAGE 54, RELOflOG OF JOHNSON LOUNTY.IOWA CITY, IOWA, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOIJTHP ST CORNER OF SAID LOT 224: THENCE Ml-6551NJ ALONG THE FAST UNE OF MID WASHINGTON PARK AOQNION-PART 10. A DISTANCE STING SANITARY SEVIER EASEMENT; THENCE TOF HE EASTERLY THENCE S75-40 AIDS2NITARY EASEMSTANCEENT, T, At DISTANCEOF 25.66 FEET: THENCE N0746'0TS3 FEET TO THE EASTERLY LINE OF AN 'E. A DISTANCE OF 106.39EET TO THEOINT OFi7-1 FIVE BEGINNNG.ONG THE EASTERLY LINE OF SAID SANITARY EASEMENT, RrAbIN�T�N PARK DA .[1, i 4 0 PAGE 54 Ig08K13 20V0 1 inch = 40 It \\\ C,14TS\\\ 223 LOT 15\ 224 . areas �� � 6e POINT 0.98 RCRES\ / .> LOT 14 vovax""� � � I oaoecees I 165 9xnox ar cmwa a uss tx..x v mm ix iaaw w.. xo,c 3e�'rnowse +"� S :, a•., LLC EASEMENT PLAT hbk "SES', CITERING.40 509 S. GINERT BT. IOWA CITY. W 52248 TEMPORARY CONSTRUCTION PHONE: (319)338.7557 EASEMENT ENGINEERING FAX: (319) 358-2937 F"— ,'- o 1 OF 1 J0M T0H .IdnomE- 150009 F"— ,'- o 1 OF 1 G`� IIIIIIIIIIIIIIIIIIIIIIIIIII�IIIIIIII�IIilllll�ll�llllllllll�lllllllllll Doc ID: 026304740016 Type. GEN r Kind: SUBDIVISION 1 Recorded: 05/24/2016 at 10:51:08 AM Fee Amt: $82.00 Pape 1 of 16 !1)))n Johnson County Iovra „'�l Kim Painter County Recorder �. -I=4M BK5508 PG1-16 -•� CITY OF IOWA CITY 410 East Washington 51reel Iowa City. Iowa 52240-1826 (319) 356-5000 (319) 356-5009 FAX STATE OF IOWA ) www.icgov.org ) SS JOHNSON COUNTY ) I, Marian K. Karr, City Clerk of Iowa City, Iowa, do hereby certify that the Resolution attached hereto is a true and correct copy of Resolution No. 16-147, which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 17th day of May, 2016, all as the same appears of record in my office. Also attached are the final legal documents for Riverside Crossing Plat 1 — Iowa City, Iowa. Dated at Iowa City, Iowa, this :qday of (ORPOMiESEP1 1 Julie � '1��—�� Deputy City Clerk fires subdivision _Mn TTTr� Prepared by: Karen Howard, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5251 (SUB15-00022) 4dwnm RESOLUTION NO. 16-147 RESOLUTION APPROVING FINAL PLAT OF RIVERSIDE CROSSING PLAT 1, IOWA CITY, IOWA. WHEREAS, the owner, Kum & Go, L.C., filed with the City Clerk the final plat of Riverside Crossing Plat 1, Iowa City, Iowa, Johnson County, Iowa; and WHEREAS, said subdivision is located on the following -described real estate in Iowa City, Johnson County, Iowa, to wit: LOTS 2 THROUGH 9, BLOCK 1 AND THE VACATED ALLEY COINCIDENT WITH THE EAST LINE OF LOTS 6 THROUGH 9 AND THE VACATED ALLEY COINCIDENT WITH THE WEST LINE OF LOTS 2 THROUGH 5 ALL IN CARTWRIGHT'S ADDITION, IOWA CITY, IOWA, ACCORDING TO THE PLAT THEREOF RECORDED IN BOOK 13 AT PAGE 432, DEED RECORDS OF JOHNSON COUNTY, IOWA; EXCEPTING THAT PROPERTY CONVEYED TO THE STATE OF IOWA BY WARRANTY DEED DATED AUGUST 3, 1960, RECORDED IN BOOK 245, PAGE 29, DEED RECORDS OF JOHNSON COUNTY, IOWA; AND ALSO EXCEPTING THAT PORTION ACQUIRED BY THE STATE OF IOWA THROUGH CONDEMNATION PROCEEDINGS FILED OF RECORD DECEMBER 15, 1989, RECORDED IN BOOK 1039, PAGE 174 AND RECORDED DECEMBER 15, 1988 BOOK 1039 PAGE 98; AND ALSO EXCEPTING THERE FROM THOSE PORTIONS CONVEYED FOR HIGHWAY RECORDED OCTOBER 24, 1960 IN BOOK 229, PAGE 107; AND ALSO EXCEPTING THERE FROM THAT PORTION CONVEYED IN THE WARRANTY DEED RECORDED JULY 20,1983 IN BOOK 657, PAGE 96; AND ALSO EXCEPTING THERE FROM THAT PORTION CONVEYED IN THE WARRANTY DEED RECORDED MARCH 16, 1989 IN BOOK 1050, PAGE 396; AND ALSO EXCEPTING THERE FROM THAT PORTION CONVEYED IN THE PURCHASE AGREEMENT RECORDED MARCH 16, 1989 IN BOOK 1050, PAGE 407; AND ALSO EXCEPTING THERE FROM THAT PORTION CONVEYED IN WARRANTY DEED RECORDED MARCH 16, 1989 IN BOOK 1050, PAGE 414. WHEREAS, the Department of Neighborhood and Development Services 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, there are no public improvements within the platted area; WHEREAS, said final plat and subdivision are found to conform with Chapter 354, Code of Iowa (2015) 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; and 2. The City accepts the dedication of Outlot A as public right-of-way; and 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 f1'_\ Resolution No. 16-147 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/subdivider. Passed and approved this 17th day of May '2016. MAYOR ATTEST: 9C • `44� CITY CLARK Approved by a 4l7� City Attorney's Office V30//p It was moved by Botchwav and seconded by Mims the Resolution be adopted, and upon roll call there were: AYES: NAYS: X X X X X X ABSENT: X Thomas Mims Botchway Dickens Cole Taylor Throgmorton Final Plat Resolution (2).doc.doc rV Prepared by and when recorded, return to: Joel Huston, 6400 Westown Parkway, West Des Moines, IA 50266, (515) 457-6222 OWNER'S CONSENT TO PLAT AND DEDICATION The undersigned, KG STORE 422, L.L.C., an Iowa limited liability company, as the owner of the real estate described below and on the Plat attached hereto, hereby acknowledges that said real estate has been surveyed and platted, with its free consent and in accordance with its desires, for the purpose of platting a subdivision in Johnson County, Iowa, to be known as "RIVERSIDE CROSSING PLAT 1." The real estate being platted is legally described as follows: Lots 2 through 9, Block 1 and the vacated alley coincident with the east line of Lots 6 through 9 and the vacated alley coincident with the west line of Lots 2 through 5 all in Cartwright's Addition, Iowa City, Iowa, according to the plat thereof recorded in Book 13 at Page 432, Deed Records of Johnson County, Iowa; excepting that property conveyed to the State of Iowa by warranty deed dated August 3, 1960, recorded in Book 245, Page 29, Deed Records of Johnson County, Iowa; and also excepting that portion acquired by the State of Iowa through condemnation proceedings filed of record December 15, 1989, recorded in Book 1039, Page 174 and recorded December 15, 1988, Book 1039, Page 98; and also excepting therefrom those portions conveyed for highway recorded October 24, 1960 in Book 229, Page 107; and also excepting therefrom that portion conveyed in the warranty deed recorded July 20, 1983 in Book 657, Page 96; and also excepting therefrom that portion conveyed in the warranty deed recorded March 16, 1989 in Book 1050, Page 396; and also excepting therefrom that portion conveyed in the purchase agreement recorded March 16, 1989 in Book 1050, Page 407; and also excepting therefrom that portion conveyed in the warranty deed recorded March 16, 1989 in Book 1050, Page 414. The real estate described on the Plat is located within the corporate limits of Johnson County, Iowa. Owner does hereby dedicate Outlot A to the City for public right-of-way in accordance with Iowa Code Sections 354.11 and 354.19. Dated this2P d'ay of r 2016. KG STORE 422, L.L.C. r Title: �,vlEl7t((OVII `+ �Z'GfPiTu�2 STATE OF IOWA ) ) SS. COUNTY OF DALLAS ) RThis instrument was acknowledged befoje me o � , as tJafSe(t of JOEL D HUSTON i Commission Number 733209 Commift Expires n the day of f7 2016, by KG Store 422, L.L.C. Notaryis in and for the State of Iowa J Prepared by and when recorded return to: Joel D. Huston. 6400 Westown Parkway, West Des Moines, IA 50266, (515)457-6222 CERTIFICATE OF COUNTY TREASURER STATE OF IOWA ) ) SS. COUNTY OF JOHNSON ) I, Tom Kriz, County Treasurer of Johnson County, Iowa, having examined the records of my office in accordance with the provisions of Chapter 354 of the Code of Iowa pertaining to real property legally described as follows: Lots 2 through 9, Block 1 and the vacated alley coincident with the east line of Lots 6 through 9 and the vacated alley coincident with the west line of Lots 2 through 5 all in Cartwright's Addition, Iowa City, Iowa, according to the plat thereof recorded in Book 13 at Page 432, Deed Records of Johnson County, Iowa; excepting that property conveyed to the State of Iowa by warranty deed dated August 3, 1960, recorded in Book 245, Page 29, Deed Records of Johnson County, Iowa; and also excepting that portion acquired by the State of Iowa through condemnation proceedings filed of record December 15, 1989, recorded in Book 1039, Page 174 and recorded December 15, 1988, Book 1039, Page 98; and also excepting therefrom those portions conveyed for highway recorded October 24, 1960 in Book 229, Page 107; and also excepting therefrom that portion conveyed in the warranty deed recorded July 20, 1983 in Book 657, Page 96; and also excepting therefrom that portion conveyed in the warranty deed recorded March 16, 1989 in Book 1050, Page 396; and also excepting therefrom that portion conveyed in the purchase agreement recorded March 16, 1989 in Book 1050, Page 407; and also excepting therefrom that portion conveyed in the warranty deed recorded March 16, 1989 in Book 1050, Page 414. Said property to be replatted and to be known in the future as "RIVERSIDE CROSSING PLAT 1, an Official Plat, now included in and forming a part of the City of Iowa City, Johnson County, State of Iowa." I do hereby certify that the land described in the above is free from certified taxes and certified special assessments as shown by the records in my office. Dated this day of ApriA , 2016. Imo`. ToiYKriz, County Tr asurer of Johnson County, Iowa STATE OF IOWA, COUNTY OF JOHNSON This instrument was acknowledged before me on the / day of 2016, by Tom Kriz, as Treasurer of Johnson County, Iowa. eo JAMSq om eG08MMIS578 of y Public in a r the State of Iowa ssion ow STATEMENT BY AUDITOR I., THE UNDERSIGNED, Travis Weipert, Auditor of the County of Johnson County, acting pursuant to Iowa Code Section 354.11 hereby approves the plat name of 'RIVERSIDE CROSSING PLAT 1 for the following described real estate to wit: Lots 2 through 9, Block 1 and the vacated alley coincident with the east line of Lots 6 through 9 and the vacated alley coincident with the west line of Lots 2 through 5 all in Cartwright's Addition, Iowa City, Iowa, according to the plat thereof recorded in Book 13 at Page 432, Deed Records of Johnson County, Iowa; excepting that property conveyed to the State of Iowa by warranty deed dated August 3, 1960, recorded in Book 245, Page 29, Deed Records of Johnson County, Iowa; and also excepting that portion acquired by the State of Iowa through condemnation proceedings filed of record December 15, 1989, recorded in Book 1039, Page 174 and recorded December 15, 1988, Book 1039, Page 98; and also excepting therefrom those portions conveyed for highway recorded October 24, 1960 in Book 229, Page 107; and also excepting therefrom that portion conveyed in the warranty deed recorded July 20, 1983 in Book 657, Page 96; and also excepting therefrom that portion conveyed in the warranty deed recorded March 16, 1989 in Book 1050, Page.396; and also excepting therefrom that portion conveyed in the purchase agreement recorded March 16, 1989 in Book 1050, Page 407; and also excepting therefrom that portion conveyed in the warranty deed recorded March 16, 1989 in Book 1050, Page 414. That the real estate is to be subdivided and platted as RIVERSIDE CROSSING PLAT 1, an Official Plat in the City of Iowa City, Johnson County, Iowa, as it appears on the accompanying plat; and that name of RIVERSIDE CROSSING PLAT 1 is hereby approved by the Johnson County Auditor. Dated at Iowa City, Iowa on the /5TM day of 2016 TRAVIS WEIPERT, JOHNSON COUNTY AUDITOR ef By: Name: Travis Weipert Title: County Auditor (Auditor's Seal) Subscribed and sworn to before me on the day of /%ylu,i/ 12016. MARK A.KISTLER at ° Commission Number 188415 XI mission ission Expires omm < 17 1 and for the State C LEGAL DEPARTMENT March 28, 2016 ATTORNEY'S TITLE OPINION PURSUANT TO IOWA CODE CHAPTER 354 6400 Westown Parkway West Des Moines, IA 50266 Direct Tel: 515.457.6222 Direct Fax: 515.457.0158 E-mail: Joel.Huston@kumandgo.com Re: Lots 2 through 9, Block 1 and the vacated alley coincident with the east line of Lots 6 through 9 and the vacated alley coincident with the west line of Lots 2 through 5 all in Cartwright's Addition, Iowa City, Iowa, according to the plat thereof recorded in Book 13 at Page 432, Deed Records of Johnson County, Iowa; excepting that property conveyed to the State of Iowa by warranty deed dated August 3, 1960, recorded in Book 245, Page 29, Deed Records of Johnson County, Iowa; and also excepting that portion acquired by the State of Iowa through condemnation proceedings filed of record December 15, 1989, recorded in Book 1039, Page 174 and recorded December 15, 1988, Book 1039, Page 98; and also excepting therefrom those portions conveyed for highwayrecorded October 24, 1960 in Book 229, Page 107; and also excepting therefrom that portion conveyed in the warranty deed recorded July 20, 1983 in Book 657, Page 96; and also excepting therefrom that portion conveyed in the warranty deed recorded March 16, 1989 in Book 1050, Page 396; and also excepting therefrom that portion conveyed in the purchase agreement recorded March 16, 1989 in Book 1050, Page 407; and also excepting therefrom that portion conveyed in the warranty deed recorded March 16, 1989 in Book 1050, Page 414. To Whom It May Concern: The undersigned Attomey-at-Law certifies as follows: 1. That the undersigned has examined an abstract of title covering the above-described real property to be platted and included within the "RIVERSIDE CROSSING PLAT 1", last certified by Security Abstract Company of Johnson County, Iowa, Certificate No. 123117, on March 13, 2016, at 5:30 p.m., and has also examined documents in the undersigned's actual possession, to be filed of record. The abstract and such other documents show merchantable fee simple title of record to the examined property to be held as follows: Lots 2 and 3 in Block 1 in Cartwright's Addition to Iowa City, Iowa, and the East 7 %z feet of that part of the alley in said Block 1 abutting said Lots 2 and 3 on the West, all according to the recorded plat thereof recorded in Book 3, Page 207, Plat Records of Johnson County, Iowa; Excepting that property conveyed to the State of Iowa by Warranty Deed dated August 3, 1960 recorded in Book 245, Page 29, Deed Records of Johnson County, Iowa, and also excepting that portion acquired by the State of Iowa through condemnation proceedings filed for record December 15, 1989 recorded in Book 1039, Page 174; all in Johnson County, Iowa.; AND That portion of Block 1, Cartwright's Addition to Iowa City, Iowa, according to the Plat thereof recorded in Book 13 at Page 432, Deed Records of Johnson rage 2 County, Iowa, that is described as Auditor's Parcel 2013055 on Plat of Survey recorded in Book 58 at Page 37, Plat Records of Johnson County, Iowa, subject to easements and restrictions of record.; AND East half of the alley adjacent to Lot 5 in Block 1 of Cartwright's Addition to Iowa City, Iowa, according to the plat thereof recorded in Deed Box 13, Page 432, records of Johnson County, Iowa; excepting therefrom those portions conveyed for highway in Book 1050, Page 407, and Book 1050, Page 414. I•\. 001 Lots 4 and 5 in Block 1 Cartwright's Addition to Iowa City, Iowa, according to the plat thereof recorded in Deed Book 13, Page 432, Records of Johnson County, Iowa. Also a tract of land 15 feet wide East and West by 57 feet long North and South adjacent to and abutting upon the West end of said Lot 4 in Block 1 of Cartwright's Addition to Iowa City, Johnson County, Iowa. Excepting therefrom those portions conveyed for highway in Book 229, Page 107, in Book 657, Page 96 and in Book 1050, Page 414. KG Store 422, L.L.C., an Iowa limited liability company a. The premises are free and clear of all liens and encumbrances, except for the following: NONE. 2. Real Estate Taxes. The abstract shows all real estate taxes for fiscal year 2014 as follows: (Lots 2, 3, 4, 5 & E'h alley) Tax Parcel No.: 1010153002, 1016187006, first half paid in the amount of $15,976.00; second half unpaid but not delinquent in the amount of $15,976.00. (Lots 6, 7, 8 & 9 & W %2 alley) Tax Parcel No.: 1016187003, 1016187008, first half paid in the amount of $14,432.00; second half unpaid but not delinquent in the amount of $14,432.00. 3. Use of Opinion. This opinion of title is furnished pursuant to Iowa Code Section 354.11 (3) and, therefore, utility easements, which are not construed as encumbrances pursuant to said Section 354.11 (3), are not noted herein. Very truly yours, ELECTRIC EASEMENT Folder No. 007-16 Work Req. No. NA Project No. NA 1. For and in consideration of the sum of One valuable consideration, in hand paid by MIDAMERICAN receipt of which is hereby acknowledged, the undersigns limited liability company, its successors and as MIDAMERICAN ENERGY COMPANY, its successors exclusive easement for the overhang of crossanns, i appurtenances and structures associated with elech distribution of electric energy and communication and all overhanging the easement area described below (°Ea: towers or other structures in contact with the earth in the the construction, reconstruction or maintenance of Gr. have the right and privilege to access its Facilities Easement Area including temporary access roads tc replace or remove its Facilities adjacent to and overhe together with the right to survey the property and the same, and all the rights and privileges incident and ne Area, including the right to trim, cut down and remove su interfere with the proper construction, maintenance, op along and across the property described below. DESCRIPTION OF PROPERTY CONTAINING r - COMPANY I and Access Only) State of IOWA County of JOHNSON Section 16 Township 79 North Range 6 West of the 5t" P.M. td no/100—Dollar ($1.00), and other :NERGY COMPANY, an Iowa corporation, I owners(s) KG Store 422. L.L.C. an Iowa gns ('Grantor), does hereby grant to nd assigns ("Grantee'), a perpetual, non - :chic supply line(s), insulators and other supply lines for the transmission and drical controls ("Facilities°) adjacent to and ment Area'), and the right to place poles, iasement Area on a temporary basis during itee's facilities. In addition, Grantee shall wn, over, along, across, and above the construct, reconstruct, operate, maintain, ging the Easement Area described below, 3ht of ingress and egress to and from the essary to the enjoyment of this Easement h trees, brush, saplings and bushes as may ation or removal of said lines, upon, over, AREA: LOTS 2 THROUGH 9, BLOCK 1 AND THE VACATED ALLEY COINCIDENT WITH THE EAST LINE OF LOTS 6 THROUGH 9 AND THE VACATED ALLEY ICOINCIDENT WITH THE WEST LINE OF LOTS 2 THROUGH 5 ALL IN CARTWRIGHTS ADDITION, IOWA CITY, IOWA, ACCORDING TO THE PLAT THEREOF RECORDED IN BOOK 13 AT P ADDITION, 432, DEED RECORDS OF JOHNSON COUNTY, IOWA; EXCEPTING THAT PROPERTY CONVEYED TO THE STATE OF IOWA BY r_, WARRANTY DEED DATED AUGUST 3, 1960, RECOR RECORDS OF JOHNSON COUNTY, IOWA, AND ALSO E BY THE STATE OF IOWA THROUGH CONDEMNATIO DECEMBER 15, 1989,RECORDED IN BOOK 1039, PAG 1988 BOOK 1039, PAGE 98; AND ALSO EXCEPTINI CONVEYED FOR HIGHWAY RECORDED OCTOBER 24 ALSO EXCEPTING THERE FROM THAT PORTION C( RECORDED JULY 20, 1983 IN BOOK 657, PAGE 96; p THAT PORTION CONVEYED IN THE WARRANTY DEED 1050, PAGE 396; AND ALSO EXCEPTING THERE FROf PURCHASE AGREEMENT RECORDED MARCH 16, 1989 BOOK 1050, PAGE 407; AND ALSO EXCEPTING THERE THE WARRANTY DEED RECORDED MARCH 16, 1989 IN EASEMENT AREA: A PART OF LOT 1, RIVERSIDE CROSSING PLAT 1, AN CITY, JOHNSON COUNTY, IOWA AND MORE PARTICUL COMMENCING AT THE NORTHEAST CORNER OF SAID ALONG THE EAST LINE OF SAID LOT 1, A DISTANCE BEGINNING; THENCE SOUTH 3°52'11' EAST ALONG S SOUTH 54°18'00" WEST ALONG THE SOUTHEASTERLY 7.13 FEET; THENCE SOUTH 88"4745' WEST ALONG " DISTANCE OF 36.38 FEET, THENCE NORTH 81°08'06" 1 BEGINNING AND CONTAINING 108 SQUARE FEET. As shown on Exhibit A — attached as shown hereto and r ED IN BOOK 245, PAGE 29, DEED ; EPTING THAT PORTION ACQUIRED PROCEDINGS FILED OF RECORD 174, AND RECORD DECEMBER 15, THERE FROM THOSE PORTIONS 1960 IN BOOK 229, PAGE 107; AND 4VEYED IN THE WARRANTY DEED ID ALSO EXCEPTING THERE FROM ECORDED MARCH 16, 1989 IN BOOK THAT PORTION CONVEYED IN THE THAT PORTION CONVEYED IN 1050, PAGE 414. FICAL PLAT IN THE CITY OF IOWA .Y DESCRIBED AS FOLLOWS: 1; THENCE SOUTH 3052'11" EAST 207.36 FEET TO THE POINT OF EAST LINE, 1.64 FEET; THENCE OF SAID LOT 1, A DISTANCE OF SOUTH LINE OF SAID LOT 1, A r, 42.56 FEET TO THE POINT OF part thereof. 2. Additionally, Grantee shall have the right to remove from thEasement Area described above, any obstructions, including but not limited to, trees, plants, under rowth, buildings, fences and structures that interfere with the proper maintenance of said Facilities and equipment 3. Grantor agrees that it will not construct or place structures, fences, trees, plants, or other objects on the E any changes in ground elevation without written permlr construction or ground elevation changes will not result in i otherwise interfere with the Grantee's right to operate and r be performed which violates the clearance requirements of I the rules of the state utility regulatory authority where the Fs 4. In consideration of such grant, Grantee agrees that 1 may be caused to crops, fences, or other property, ree construction, reconstruction, maintenance, operation, replace for damage to property placed subsequent to the granting of interferes with the operation and maintenance of the Fac cutting, recutting, trimming and removal of trees, branches, adjacent to the Easement Area is expected and not considen y permanent or temporary buildings, ment Area described above, or make n from Grantee Indicating that said [equate or excessive ground cover, or stain its Facilities, and that no act shall National Electrical Safety Code and/or les are located. illi repair or pay for any damage which or personal, of the Grantor by the ant or removal of the Facilities (except is easement) that Grantee determines les and associated equipment. The plings, brush or other vegetation on or damage to the Grantor. 5. Grantor certifies that it is not acting, directly or indirectly, for or on behalf of any person, group, entity or nation named by any Executive Order or the United States Treasury Department as a terrorist, 'Specially Designated National and Blocked Person' l,br any other banned or blocked person, entity, nation or transaction pursuant to any law, order, le or regulation that is enforced or administered by the Office of Foreign Assets Control; and are Inot engaged in this transaction, directly or indirectly on behalf of, any such person, group, entity or na tion. Grantor hereby agrees to defend, (V\ indemnify and hold harmless Grantee from and agair liabilities and expenses (including attorney's fees and the foregoing certification. 6. Each of the provisions of this easement shal provision of this easement and independent of any othe matter or dispute arising out of or related to this easen law of the jurisdiction and location where this easeme provisions) will govern the Interpretation, validity and place of execution or place of performance thereof, FULLEST EXTENT PERMITTED BY LAW, EACH OF IT MAY HAVE TO A TRIAL BY JURY IN RESPECT C ARISING OUT OF, UNDER OR IN CONNECTION FURTHER WAIVES ANY RIGHT TO CONSOLIDATE BEEN WAIVED WITH ANY OTHER ACTION IN WHICI BEEN WAIVED. r and all claims, damages, losses, risks, arising from or related to any breach of e enforceable independently of any other laim or cause of action. In the event of any it, it is agreed between the parties that the is recorded (including statute of limitation act of this easement without regard to the any conflicts or law provisions. TO THE E PARTIES HERETO WAIVE ANY RIGHT LITIGATION DIRECTLY OR INDIRECTLY JITH THIS EASEMENT. EACH PARTY Y ACTION IN WHICH A JURY TRIAL HAS � JURY TRIAL CANNOT BE OR HAS NOT 7. Grantor hereby relinquishes all rights of dower, 1hornestead and distributive share in and to the property and waives all rights of exemption as to an of the property. Grantor understands that homestead property is in many cases protected from thelclaims of creditors and exempt from judicial sale; and that by signing this easement, voluntarily gi es up any right to this protection for this property with respect to claims based upon this easemeni. 8. Grantor warrants to Grantee that Grantor holds Grantor has good and lawful authority to grant the rights (Acknowledgments on fol to the Easement Area in fee simple and ided in this easement. page) 1'� u KG Store 422. L.L.C.. an Iowa limited liability company. STATE OF c %.Offas ) COUNTY OF w ja ) This record was acknowledged before me on / 2016, bX e. as of KG Store 422 L.L.C. an Iowa limited liabllilv compan of Notary Public v� RETURN TO: CIVIL DESIGN ADVANTAGE, 3405 BE CROSSROADS DRIVE. SUITE G. GRIMES, IA 50111. PH: 3694400 FAX- 3694410 EXHIBIT 'A' - EASEMErT PLAT ELECTRIC EASEMENT DESCRIPTION: II A PART OF LOT 1. RIVERSIDE CROSSING PLAT 1, AN OFFICIAL PLAT N THE CITY OF IOWA CITY, JOHNSON COUNTY, IOWA AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID LOT 1; THENCE SOUTH 3'5211" EAST ALONG THE EAST LINE OF SAID LOT I, A DISTANCE OF 207.35 FEET TO THE POINT OF BEINNING; THENCE SOUTH 3'52'11' EAST ALONG SAID EAST UNE, 1.64 FEET: THENCE SOUTH 54'1800' HEST ALONG E SOUTHEASTERLY UNE OF SAID LOT 1, A DISTANCE OF 7.13 FEET; THENCE SOUTH 88'47'45' WEST ALONG THq SOUTH UNE OF SAID LOT 1, A DISTANCE OF 36.38 FEET: THENCE NORTH 81'08'06' EAST, 42.56 FEET TO THE POINT OF BEGINNING AND CONTAINING 108 SQUARE FEEL OWNER KUM AND GO 6400 WESTOWN PARKWAY WEST DES MOINES, IOWA SD266 NE COR LOT RIVERSIDE CROSSING PLAT I POINT OF COMMENCEME P0� G�OS�\r\G R\J�RS\OELECTRIC � EASEMENT 1 ' IZ OV \ J V POINT OF BEGINNING p _ 7.131 OUTLO'l A _ _ - - II WEST BENTON STREET SCALE FEET 0 10 PT LOT 1, RIVERSIDE �1 CROSSINGPLATI U) O N 0 m Z m EXISTING ELECTRIC EASEMENT BK 1093 PC 327 SK 3479 PG 445 I' I NER(BY "E""MACMs LAt9 WItA NG Dtl M f IAS 191 PREPARED AND MC RRATED SURVEY 110f4( WAS PEIVORMCD BY MC OR IMCER MY DWECT PFASONAL 9GEIMEION ANO MAI I AM A DULY LKENSED PRQESSONAL LAND EURVERM LOW1 MMMEEE "Wi K ME STATE /K IOaA 2/9/2016 MICHAEL 0. LEE, RES. DATE MY UCENSE RENEWAL DATE R DECEMBER 31. 2015 PACES OR LEETS COVERED BY NS SEAL 9:00 AM INIMSECROASROAD31I ME.SUREG GMMMIOWA50111 Pit(515)35MM FIIR:(515)3M4410 V\ 91 Doc ID: 026303920052 Type: GEN Kind: SUBDIVISION Recorded: 05/23/2016 at 01:56:30 PM Fee Amt: $262.00 Page 1 of 52 _ Johnson County Iowa s1�JPLir®� Kim Painter County Recorder'�_ BK5507 PG637-688 3i i3'c CITY OF IOWA CITY 410 East Washington Street Iowa City. Iowa 52240-1826 (3 19) 356-5000 9) 09 FAX STATE OF IOWA ) www.icgov.org wwov.or org ) SS JOHNSON COUNTY ) I, Marian K. Karr, City Clerk of Iowa City, Iowa, do hereby certify that the Resolution attached hereto is a true and correct copy of Resolution No. 16-148, which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 17th day of May, 2016, all as the same appears of record in my office. Also attached are the final legal documents for Cardinal Pointe West — Part One, Iowa City, Iowa. g Dated at Iowa City, Iowa, this P20 day of �U 2016. Marian�� City Clerk fires subdivision ORPO�►1ESEAl C fly y d va) Prepared by: Marti Wolf, Planning Intern, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5240 (SUB16-0003) RESOLUTION NO. 16-148 RESOLUTION APPROVING FINAL PLAT OF CARDINAL POINTE WEST -PART I, IOWA CITY, IOWA. WHEREAS, the owner, The Crossings Development, LC, filed with the City Clerk the final plat of Cardinal Pointe West -Part I, Iowa City, Iowa, Johnson County, Iowa; and WHEREAS, said subdivision is located on the following -described real estate in Iowa City, Johnson County, Iowa, to wit: LEGAL DESCRIPTION PART OF THE NORTHWEST QUARTER AND PART OF THE NORTHEAST QUARTER AND PART OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 12, TOWNSHIP 79 NORTH, RANGE 7 WEST OF THE STH PRINCIPAL MERIDIAN, IOWA CITY, JOHNSON COUNTY, IOWA AND A PART OF AUDITOR'S PARCEL NO. 2012052 AS RECORDED IN BOOK 56, PAGE 379 IN THE OFFICE OF THE JOHNSON COUNTY, IOWA RECORDER AND PART OF AUDITOR'S PARCEL NO. 2012053 AS RECORDED IN BOOK 56, PAGE 378 IN THE OFFICE OF THE JOHNSON COUNTY, IOWA RECORDER DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTH QUARTER CORNER OF SAID SECTION 12; THENCE S0001'43"W 476.71 FEET ALONG THE EAST LINE OF THE NORTHEAST QUARTER OF SAID NORTHWEST QUARTER TO THE SOUTHERLY CORPORATE LIMIT LINE AS ESTABLISHED IN THE CORALVILLE VOLUNTARY ANNEXATION AND RECORDED IN BOOK 3873, PAGES 868-897 IN THE OFFICE OF THE JOHNSON COUNTY, IOWA RECORDER AND THE POINT OF BEGINNING; THENCE N89003128"E 198.73 FEET ALONG SAID SOUTHERLY CORPORATE LIMIT LINE; THENCE SOUTHEASTERLY 179.94 FEET ALONG SAID SOUTHERLY CORPORATE LIMIT LINE AND THE ARC OF A 500.00 FOOT RADIUS CURVE, CONCAVE SOUTHERLY (CHORD BEARS S80037'57"E 178.97 FEET) TO THE WESTERLY LINE OF AUDITOR'S PARCEL 2014116 AS RECORDED IN BOOK 59, PAGES 93-94 IN THE OFFICE OF THE JOHNSON COUNTY RECORDER; THENCE S1904013811W 33.00 FEET ALONG SAID WESTERLY LINE TO THE SOUTHERLY LINE OF SAID AUDITOR'S PARCEL 2014116; THENCE SOUTHEASTERLY 41.84 FEET ALONG SAID SOUTHERLY LINE AND THE ARC OF A 25.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY (CHORD BEARS S2202215117E 37.12 FEET); THENCE S25033140"W 10.00 FEET ALONG SAID SOUTHERLY LINE; THENCE S64026'20"E 60.00 FEET ALONG SAID SOUTHERLY LINE; THENCE N25033140"E 12.33 FEET ALONG SAID SOUTHERLY LINE; THENCE NORTHEASTERLY 39.27 FEET ALONG SAID SOUTHERLY LINE AND THE ARC OF A 25.00 FOOT RADIUS CURVE, CONCAVE SOUTHERLY (CHORD BEARS N70033140"E 35.36 FEET); THENCE S6402612011E 111.50 FEET ALONG SAID SOUTHERLY LINE; THENCE S21010150"W 132.95 FEET; THENCE S901511811W 55.00 FEET; THENCE S001811911E 55.00 FEET; THENCE S84054'5211W 200.00 FEET; THENCE NORTHWESTERLY 16.52 FEET ALONG THE ARC OF A 530.00 FOOT RADIUS CURVE, CONCAVE EASTERLY (CHORD BEARS N401113211W 16.52 FEET); THENCE S86042'0311W 215.79 FEET; THENCE S1403015111W 68.49 FEET; THENCE S21048'0511W 170.86 FEET; THENCE S5301313711W 209.13 FEET; THENCE S83036'43"W 156.77 FEET; THENCE S000010011E 144.54 FEET; THENCE S52048'14"E 489.10 FEET; THENCE S1605112911E 238.65 FEET; THENCE S44049'18"E 384.61 FEET; THENCE S26004134"E 305.37 FEET; THENCE S69046150"E 240.68 FEET TO THE SOUTHERLY LINE OF SAID AUDITOR'S PARCEL NO. 2012053; THENCE S6305610611W 202.41 FEET ALONG SAID SOUTHERLY LINE TO THE SOUTHWEST CORNER OF SAID AUDITOR'S PARCEL NO. 2012053; THENCE N4703013011W 0.55 FEET ALONG THE WESTERLY LINE OF SAID AUDITOR'S PARCEL NO. 2012053; THENCE N75013'30"W 139.56 FEET ALONG SAID WESTERLY LINE; THENCE N47030'37"W 642.69 FEET ALONG SAID WESTERLY Resolution No. 16-148 Page 2 LINE; THENCE N4703011411W 857.65 FEET ALONG SAID WESTERLY LINE; THENCE N43035107"W 949.07 FEET ALONG SAID WESTERLY LINE; THENCE N003610111W 395.43 FEET TO THE SOUTHERLY CORPORATE LIMIT LINE AS ESTABLISHED IN SAID CORALVILLE VOLUNTARY ANNEXATION; THENCE N8900312811E 1301.11 FEET ALONG SAID SOUTHERLY CORPORATE LIMIT LINE TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 39.77 ACRES, SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. WHEREAS, the Department of Neighborhood and Development Services and the Public Works Department examined the proposed final plat and subdivision, and recommended approval; and WHEREAS, a dedication has been made to the public, and the subdivision has been made with the free consent and in accordance with the desires of the owners and proprietors; and WHEREAS, said final plat and subdivision are found to conform with Chapter 354, Code of Iowa (2015) and all other state and local requirements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The said final plat and subdivision located on the above-described real estate be and the same are hereby approved. 2. The City accepts the dedication of the streets and easements as provided by law and specifically sets aside portions of the dedicated land, namely streets, as not being open for public access at the time of recording for public safety reasons. 3. The Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed, upon approval by the City Attorney, to execute all legal documents relating to said subdivision, and to certify a copy of this resolution, which shall be affixed to the final plat after passage and approval by law. The City Clerk shall record the legal documents and the plat at the office of the County Recorder of Johnson County, Iowa at the expense of the owner/subdivider. Passed and approved this 17th day of May , 20 16 MAYOR ATTEST: Yf(fgu�.J Yt r CITYtttERK pcdltemplatm/CPW Final Resolution (2).dmdoc Approved by City Attorney's Offices -7 Resolution No. 16-148 Page 3 It was moved by Botchway and seconded by Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x x x ABSTAIN: Mims the Botchway Cole Dickens Mims Taylor Thomas Throgmorton N ry SUBDIVIDER'S AGREEMENT CARDINAL POINTE WEST - PART ONE IOWA CITY, IOWA THIS AGREEMENT made by and between The Crossing Development LC, hereinafter called "Owner" or `Subdivider", and the City of Iowa City, Iowa, a municipal corporation hereinafter called the "City". IT IS HEREBY AGREED AS FOLLOWS: Section 1. Public improvements. In consideration of the City approving the Plat of Cardinal Pointe West - Part One, Iowa City, Iowa, hereinafter "the Subdivision", the Subdivider agrees as a covenant running with the land as follows: Subject to Section 5, the City shall not issue a Building Permit for any of the lots in the Subdivision unless and until water mains, sanitary sewers, storm sewers and drainageways, the storm water management facilities, concrete street paving at least 31 feet in width on Kennedy Parkway, concrete street paving at least 28 feet in width on Ava Circle and Preston Lane, concrete sidewalk paving to be completed prior to the issuance of a Building Permit as set out in Section 4 of this Subdivider's Agreement, and concrete paving of the temporary turn- around easement area south of Preston Lane, hereinafter "Improvements", have been installed in the Subdivision as required by the City's Subdivision Ordinance, and until said improvements have been accepted by the City, and subdivision erosion control measures have been installed as required by the City under its ordinances. Nothing in this Agreement shall be construed to impose a requirement on the City to install the original improvements at issue herein. Nor shall the Owner and the Subdivider be deemed acting at the City's agent during the original construction and installation of said improvements. The parties agree that the obligation to install the improvements herein shall be in accordance with City specifications or approved plans, and the obligation to install said improvements shall remain with the Owner and the Subdivider until completion by the Subdivider, and until acceptance of the improvements by the City, as provided by law. Section 2. Storm Water Management. The Owner shall install and maintain a storm water management facility on this development. The Owner and the Subdivider is responsible to install and maintain storm sewers and drainage swales, which together will transport and convey the peak rate of runoff generated from a 100 year return frequency storm through the development. N 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 Facility ("Facility"), including the site work incident thereto, and the associated storm sewers and drainage swales, the easements for which are shown on the Final Plat filed herewith, have been installed by the Owner and Subdivider. Owner and Subdivider agree that the duty to maintain the Facility shall remain on the Owner and Subdivider, the present owner of the Facility, and their successors and assigns in interest, including a not for profit Owners Association formed in part for that purpose. Said maintenance shall comply with the City's Storm Water Management Ordinance, Title 16, Chapter 3, Article G, as amended. Section 3. Construction of Improvements. All Improvements and the facility described in Sections I and 2 of this Agreement shall be constructed and installed by the Owner and the Subdivider according to plans and specifications approved by the City Engineer of the City of Iowa City, who shall have the right to make occasional inspection of the work in progress. Such inspections shall not relieve or release the Subdivider from its responsibility to construct said Improvements and Facility in accordance with the approved plans and specifications. Further, said inspections shall not create a duty or warranty on the part of the City that the construction of said Improvements and Facility is in compliance with said plans and specifications. Section 4. Sidewalks. The Owner and the Subdivider agree to install sidewalks abutting each of the platted lots in said Subdivision adjacent to Ava Circle, Kennedy Parkway, and Preston Lane. Said sidewalks shall be at least 5 feet in width according to specifications approved by the City Engineer for the City of Iowa City, Iowa. The sidewalks shall be installed in the Subdivision covered by this Agreement as required by the Iowa City Code of Ordinances, and shall remain a lien on each abutting platted lot until installed and released by the City, and the Release duly recorded in the Johnson County Recorder's office. The Owner and the Subdivider shall install an 6 foot wide, 6 -inch thick Portland cement concrete walkway and trail adjacent to Lots 1-4 on the east side of Preston Lane. The Subdivider shall install the trail in the alignment and location according to plans and specifications approved by the City Engineer. The walkway and trail shall conform with the standards of The Americans with Disabilities Act (ADA). Except as provided below, the Owner and the Subdivider, or its successor(s), shall install the sidewalk abutting each numbered lot in the Subdivision, and shall install a sidewalk at least 5 feet in width over and across the pedestrian easement area shown on the final plat ,vN encumbering Lots 5, 11, and 12, when each such lot is developed, prior to the issuance of an occupancy permit for the dwelling on the Lot. Prior to the issuance of a Building Permit for any of the lots in the subdivision, the Owner and Subdivider shall install sidewalk at least 5 feet in width within the rights-of-way of Kennedy Parkway and Ave Circle adjacent to Outlots A, B, and C; within the pedestrian access easement over and across Outlot C; and within the right-of-way of Kennedy Parkway, adjacent to Auditor's Parcel 2012052, running east from the easterly boundary of Lot 1 to the westerly edge of the intersection of Kennedy Parkway and Camp Cardinal Boulevard. Section 5 Building Permits and Escrow Monies. In the event the Owner and the Subdivider, its assigns or successors in interest should desire a building permit on any lot in the Subdivision before the Improvements and Facility have been installed, the Owner and the Subdivider, its assigns or successors in interest, shall deposit with the City Finance Department, in escrow, an amount equal to 110% of the estimated cost of said Improvements and Facility as determined by the City Engineer (hereinafter "Improvements Escrow"). In addition to the Improvements Escrow, if Subdivision Erosion Control measures have not been installed, with ground cover established by growth, the City may require, as a condition to the issuance of the first building permit for construction within the Subdivision, that the Owner and the Subdivider deposit in escrow with the City the sum of $2,000.00 (the "Erosion Clean -Up Escrow") to assure reimbursement for the cost of cleaning public streets, storm sewers, gutters or catch basins, which may be incurred by the City as a result of erosion from any lot in the Subdivision. The Owner and the Subdivider shall be responsible for the cost of any such clean-up and to the extent that the Subdivider fails to accomplish erosion clean-up after reasonable notice from the City, the City is hereby authorized, but not obligated, to do the work and to charge the cost thereof to the Erosion Clean -Up Escrow, if adequate, and to charge any excess costs to the Owner and the Subdivider. If the Erosion Clean -Up Escrow is insufficient to pay the costs incurred by the City, the Owner and the Subdivider shall promptly reimburse the City for the excess costs incurred. The unused balance of the Erosion Clean -Up escrow shall be returned to the Owner and the Subdivider after erosion control measures have been installed, and ground cover has been established by growth. After the Erosion Clean -Up and Improvements Escrows have been established, the building inspector of the City is authorized to issue a building permit if the applicant is in compliance with all other applicable requirements and ordinances of the City. Section 6. Occupancy Permit. Prior to the issuance of an occupancy permit for any structure N erected pursuant to Section 5, the City the Owner and the Subdivider, its assigns construct and install the Improvements, required by this Agreement. Section 7. Use of Escrow Monies. in its discretion may require or successors in interest, to Facility, and sidewalks as If, after the issuance of an occupancy permit, the Improvements and Facility have not been constructed and installed, the City may use funds deposited in the Improvements Escrow to construct and install such Improvements and Facility. If the cost of the construction and installation of said Improvements and Facility exceeds the amount of said escrow, the City shall have a lien and charge against all the lots in the Subdivision for the balance of the cost. After the construction and installation of the Improvements and Facility, the City shall refund to the Owner and the Subdivider any Improvements and Facility Escrow monies not used by the City for the construction and installation of such improvements. Section 8. Waiver. If the Owner and the Subdivider sell or convey lots in said Subdivision without constructing or installing the Improvements and Facility; or the Owner and the Subdivider fail to install and/or repair sidewalks required in Section 4 hereof, the City shall have the right to install and construct said Improvements, Facility, and/or repair sidewalks. Owner and Subdivider acknowledge and agree that all lots in the Subdivision are specifically benefitted by the Improvements and Facility so that the cost of the installation shall be a lien and charge against all of the lots in the Subdivision. The cost of Improvements and Facility need not meet the requirements of notice, benefit or value as provided by the law of the State of Iowa for assessing such improvements. The cost of installing/repairing the sidewalks shall be a lien and charge only against the lot or lots abutting or in front of which such sidewalks are to be installed. It is further provided that these requirements to construct the Improvements and Facility and install and/or repair sidewalks shall remain a lien against the lots in the Subdivision from the date of this Agreement until properly released, as hereinafter provided. Section 9. Release. The City agrees that when the Improvements and Facility have been installed as required to the satisfaction of the City, the City will, upon request, promptly issue to the Owner and the Subdivider, for recording in the Office of the Johnson County Recorder, a good and sufficient release for the lots in the Subdivision so that this Agreement will not constitute a cloud upon the title of the lots in the Subdivision. Separate sidewalk lien releases shall be issued for individual lots when appropriate. The Mayor and City Clerk, with the concurrence of the City Attorney and City Engineer, are hereby NV 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. 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 certifies 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. (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 basins have the required storage capacity Section 10. Street Maintenance and Public Services. Owner and Subdivider agree that public services, including but not limited to street maintenance, traffic control, snow removal, and solid waste collection, will not be extended to the Subdivision until the concrete streets are installed and accepted by the City. Section 11. Miscellaneous. A. All electrical, telephone and cable television service and distribution lines shall be installed underground. B. Outlots A, B, and C are private open space and they shall be owned and maintained by Owner until transfer of ownership to an Owner's Association. Outlot B will be used, in part, for the installation of rV mailbox clusters for US Postal Service mail distribution within the Subdivision, and shall be maintained by the Owner's Association. C. Plat notes and surveyor's notes on plats serve to provide notice of how a subdivision is expected to develop. Said notes are not intended to create any vested private interest in any stated use restriction or covenant, or create any third party beneficiaries to any noted use restriction or covenant. The City reserves the right, in its sole discretion, subject to any applicable public notice and approval process required by law, to alter or amend any plat note, or to sell or vacate any right-of-way, street, alley, park, easement, open area or other land set apart and dedicated for public use within the plat. The City further reserves the right, upon request of the owner or successor in interest, to vacate the plat and/or relocate any easement, alter lot boundaries or allow said land to be replatted subject to any applicable public notice and approval process required by law. D. Lots 23-31, inclusive, shall have a minimum low opening (MLO) elevation restriction as shown on the Final Plat and noted herewith: Lot 23 772.0 Lot 25 769.0 Lot 27 768.5 Lot 29 769.0 Lot 31 772.0 Lot 24 771.0 Lot 26 768.5 Lot 28 768.5 Lot 30 771.0 E. The City shall not issue a building permit for any lot in the Subdivision until such time as the Owner and Subdivider have paid to the City a water main extension fee in the amount of $11,383.95 ($435 per acre multiplied by 26.17 acres) pursuant to the City Code. This fee shall not include the required water main extension fee for Outlot E, which will be collected at the time Outlot E is further developed. F. The City shall not issue a building permit for any lot in the Subdivision until such time as the Owner and Subdivider have paid to the City a sewer tap on fee in the amount of $14,942.55 ($570.98 per acre multiplied by 26.17 acres) pursuant to the City Code. This fee shall not include the required sewer tap on fee for Outlot E, which will be collected at the time Outlot E is further developed. G. Lots 1, 8, 9, 22, 23, 31, shall have no direct vehicular access to Kennedy Parkway. All vehicular access for those Lots shall be by Ava Circle or Preston Lane. H. Subdivider also agrees to pay the City $27,590.00 in lieu of dedicating 26,786 square feet for neighborhood open space pursuant to the provisions of Section 14-5K-6 of the Iowa City Code of Ordinances, which fee shall be paid prior to the issuance of building permits for lots within the Subdivision. This fee shall be deposited and administrated according to Section 14-5K-6 of the Iowa City Code of Ordinances. NN 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 /� -day of May, 2016 SUBDIVIDER: The Crossing Development LC Owl WACAS—zi 0A /- ph T. Bravermanr Manager CITY: By JJLiim�Throgmo ton, Mayor ATTEST: /J //IGLur�1 P - 7�- Mari n K. Karr, City Clerk Approved by: City Attorney �-17h& STATE OF IOWA ) )ss: JOHNSON COUNTY ) y This instrument acknowledged before me this iv day of May, 2016, by Joseph T. Braverman, Manager of The Crossing Development LC. Notary Publ in an for said State STATE OF IOWA ) )ss: JOHNSON COUNTY ) This instrument acknowledged before me thiVIday 2016, by Jim Throgmorton and Marian K. Karr, as the Mayor and City Clerk, respectively, of the City of Iowa Chitty, Iowa.�) Notary Public in and for said State KELLIE K. TUTTLE CoMy ColomissionOE�in:s19 ow " F OWNER'S CERTIFICATE The undersigned, The Crossing Development LC, request approval of the subdivision known as Cardinal Pointe West - Part One, said subdivision shown on the final plat thereof to which this document is attached, which is a subdivision of the following described property: PART OF THE NORTHWEST QUARTER AND PART OF THE NORTHEAST QUARTER AND PART OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 12, TOWNSHIP 79 NORTH, RANGE 7 WEST OF THE STH PRINCIPAL MERIDIAN, IOWA CITY, JOHNSON COUNTY, IOWA AND A PART OF AUDITOR'S PARCEL NO. 2012052 AS RECORDED IN BOOK 56, PAGE 379 IN THE OFFICE OF THE JOHNSON COUNTY, IOWA RECORDER AND PART OF AUDITOR'S PARCEL NO. 2012053 AS RECORDED IN BOOK 56, PAGE 378 IN THE OFFICE OF THE JOHNSON COUNTY, IOWA RECORDER DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTH QUARTER CORNER OF SAID SECTION 12; THENCE S0001'43"W 476.71 FEET ALONG THE EAST LINE OF THE NORTHEAST QUARTER OF SAID NORTHWEST QUARTER TO THE SOUTHERLY CORPORATE LIMIT LINE AS ESTABLISHED IN THE CORALVILLE VOLUNTARY ANNEXATION AND RECORDED IN BOOK 3873, PAGES 868-897 IN THE OFFICE OF THE JOHNSON COUNTY, IOWA RECORDER AND THE POINT OF BEGINNING; THENCE N89003'28"E 198.73 FEET ALONG SAID SOUTHERLY CORPORATE LIMIT LINE; THENCE SOUTHEASTERLY 179.94 FEET ALONG SAID SOUTHERLY CORPORATE LIMIT LINE AND THE ARC OF A 500.00 FOOT RADIUS CURVE, CONCAVE SOUTHERLY (CHORD BEARS S80037'57"E 178.97 FEET) TO THE WESTERLY LINE OF AUDITOR'S PARCEL 2014116 AS RECORDED IN BOOK 59, PAGES 93-94 IN THE OFFICE OF THE JOHNSON COUNTY RECORDER; THENCE S19040'38"W 33.00 FEET ALONG SAID WESTERLY LINE TO THE SOUTHERLY LINE OF SAID AUDITOR'S PARCEL 2014116; THENCE SOUTHEASTERLY 41.84 FEET ALONG SAID SOUTHERLY LINE AND THE ARC OF A 25.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY (CHORD BEARS S22022'51"E 37.12 FEET); THENCE S25033'40"W 10.00 FEET ALONG SAID SOUTHERLY LINE; THENCE S64026120"E 60.00 FEET ALONG SAID SOUTHERLY LINE; THENCE N25033'40"E 12.33 FEET ALONG SAID SOUTHERLY LINE; THENCE NORTHEASTERLY 39.27 FEET ALONG SAID SOUTHERLY LINE AND THE ARC OF A 25.00 FOOT RADIUS CURVE, CONCAVE SOUTHERLY (CHORD BEARS N70°33'40"E 35.36 FEET); THENCE S64026'20"E 111.50 FEET ALONG SAID SOUTHERLY LINE; THENCE S21010'50"W 132.95 FEET; THENCE S9015'18"W 55.00 FEET; THENCE S0018'19"E 55.00 FEET; THENCE S84054'52"W 200.00 FEET; THENCE NORTHWESTERLY 16.52 FEET ALONG THE ARC OF A 530.00 FOOT RADIUS CURVE, CONCAVE EASTERLY (CHORD BEARS N4011'32"W 16.52 FEET); THENCE S86°42'03"W 215.79 FEET; THENCE S14030'51"W 68.49 FEET; THENCE S21048'05"W 170.86 FEET; THENCE S53013'37"W 209.13 FEET; THENCE S83036'43"W 156.77 wd1. FEET; THENCE SO°00'00"E 144.54 FEET; THENCE S52°48'14"E 489.10 FEET; THENCE S16°51129"E 238.65 FEET; THENCE S44049'18"E 384.61 FEET; THENCE S26004134"E 305.37 FEET; THENCE S69046'50"E 240.68 FEET TO THE SOUTHERLY LINE OF SAID AUDITOR'S PARCEL NO. 2012053; THENCE S63056'06"W 202.41 FEET ALONG SAID SOUTHERLY LINE TO THE SOUTHWEST CORNER OF SAID AUDITOR'S PARCEL NO. 2012053; THENCE N47°30'30"W 0.55 FEET ALONG THE WESTERLY LINE OF SAID AUDITOR'S PARCEL NO. 2012053; THENCE N75013'30"W 139.56 FEET ALONG SAID WESTERLY LINE; THENCE N47030'37"W 642.69 FEET ALONG SAID WESTERLY LINE; THENCE N47030'14"W 857.65 FEET ALONG SAID WESTERLY LINE; THENCE N43035'07"W 949.07 FEET ALONG SAID WESTERLY LINE; THENCE N0036'01"W 395.43 FEET TO THE SOUTHERLY CORPORATE LIMIT LINE AS ESTABLISHED IN SAID CORALVILLE VOLUNTARY ANNEXATION; THENCE N89003'28"E 1301.11 FEET ALONG SAID SOUTHERLY CORPORATE LIMIT LINE TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 39.77 ACRES, SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. The undersigned further states that subdivision is made with the free consent and in accordance with the desire of the undersigned, owners of the land included within the subdivision. The rights-of-way, streets, and easements are hereby dedicated to the public as provided for by Section 354.19 of the Code of Iowa (2015). Dated as of this Vb day of May, 2016. 17 The Crossing Devel ent LC oseph T. Braverman, Manager STATE OF IOWA ) )ss: JOHNSON COUNTY ) This instrument was acknowledged before me on the eday of May, 2016, by Joseph T. Braverman, Manager of The Crossing Development LC. C. JOSEPH HOLLAND Commission Number 141011 WOW41 My Commission Expires March 24,2017 Notary Publi in and for said State 17 I ATTORNEY'S TITLE OPINION Re: CARDINAL POINTE WEST - PART ONE located in Iowa City, Johnson County, Iowa, and legally described as follows: PART OF THE NORTHWEST QUARTER AND PART OF THE NORTHEAST QUARTER AND PART OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 12, TOWNSHIP 79 NORTH, RANGE 7 WEST OF THE STH PRINCIPAL MERIDIAN, IOWA CITY, JOHNSON COUNTY, IOWA AND A PART OF AUDITOR'S PARCEL NO. 2012052 AS RECORDED IN BOOK 56, PAGE 379 IN THE OFFICE OF THE JOHNSON COUNTY, IOWA RECORDER AND PART OF AUDITOR'S PARCEL NO. 2012053 AS RECORDED IN BOOK 56, PAGE 378 IN THE OFFICE OF THE JOHNSON COUNTY, IOWA RECORDER DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTH QUARTER CORNER OF SAID SECTION 12; THENCE S0001'43"W 476.71 FEET ALONG THE EAST LINE OF THE NORTHEAST QUARTER OF SAID NORTHWEST QUARTER TO THE SOUTHERLY CORPORATE LIMIT LINE .AS ESTABLISHED IN THE CORALVILLE VOLUNTARY ANNEXATION AND RECORDED IN BOOK 3873, PAGES 868-897 IN THE OFFICE OF THE JOHNSON COUNTY, IOWA RECORDER AND THE POINT OF BEGINNING; THENCE N89003'28"E 198.73 FEET ALONG SAID SOUTHERLY CORPORATE LIMIT LINE; THENCE SOUTHEASTERLY 179.94 FEET ALONG SAID SOUTHERLY CORPORATE LIMIT LINE AND THE ARC OF A 500.00 FOOT RADIUS CURVE, CONCAVE SOUTHERLY (CHORD BEARS S80037'57"E 178.97 FEET) TO THE WESTERLY LINE OF AUDITOR'S PARCEL 2014116 AS RECORDED IN BOOK 59, PAGES 93-94 IN THE OFFICE OF THE JOHNSON COUNTY RECORDER; THENCE S19040'38"W 33.00 FEET ALONG SAID WESTERLY LINE TO THE SOUTHERLY LINE OF SAID AUDITOR'S PARCEL 2014116; THENCE SOUTHEASTERLY 41.84 FEET ALONG SAID SOUTHERLY LINE AND THE ARC OF A 25.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY (CHORD BEARS S22022'51"E 37.12 FEET); THENCE S25033'40"W 10.00 FEET ALONG SAID SOUTHERLY LINE; THENCE S64026'20"E 60.00 FEET ALONG SAID SOUTHERLY LINE; THENCE N25033'40"E 12.33 FEET ALONG SAID SOUTHERLY LINE; THENCE NORTHEASTERLY 39.27 FEET ALONG SAID SOUTHERLY LINE AND THE ARC OF A 25.00 FOOT RADIUS CURVE, CONCAVE SOUTHERLY (CHORD BEARS N70°33'40"E 35.36 FEET); THENCE S64026'20"E 111.50 FEET ALONG SAID SOUTHERLY LINE; THENCE S21010'50"W 132.95 FEET; THENCE S9015'18"W 55.00 FEET; THENCE S0018'19"E 55.00 FEET; THENCE S84054'52"W 200.00 FEET; THENCE NORTHWESTERLY 16.52 FEET ALONG THE ARC OF A 530.00 FOOT RADIUS CURVE, CONCAVE EASTERLY (CHORD BEARS N4011'32"W 16.52 FEET); THENCE S86042'03"W 215.79 FEET; THENCE S14030'51"W 68.49 FEET; THENCE S21048'05"W 170.86 FEET; THENCE S53013'37"W 209.13 FEET; THENCE S83036'43"W 156.77 FEET; THENCE SO°00'00"E 144.54 FEET; THENCE S52°48'14"E 489.10 FEET; THENCE S16051'29"E 238.65 FEET; THENCE S44049'18"E 384.61 FEET; THENCE S26004'34"E 305.37 FEET; THENCE S69046'50"E 240.68 FEET TO THE SOUTHERLY LINE OF SAID N N L T AUDITOR'S PARCEL NO. 2012053; THENCE S63°56106"W 202.41 FEET ALONG SAID SOUTHERLY LINE TO THE SOUTHWEST CORNER OF SAID AUDITOR'S PARCEL NO. 2012053; THENCE N47030'30"W 0.55 FEET ALONG THE WESTERLY LINE OF SAID AUDITOR'S PARCEL NO. 2012053; THENCE N75013'30"W 139.56 FEET ALONG SAID WESTERLY LINE; THENCE N47030'37"W 642.69 FEET ALONG SAID WESTERLY LINE; THENCE N47030'14"W 857.65 FEET ALONG SAID WESTERLY LINE; THENCE N43035'07"W 949.07 FEET ALONG SAID WESTERLY LINE; THENCE N0036'01"W 395.43 FEET TO THE SOUTHERLY CORPORATE LIMIT LINE AS ESTABLISHED IN SAID CORALVILLE VOLUNTARY ANNEXATION; THENCE N89003'28"E 1301.11 FEET ALONG SAID SOUTHERLY CORPORATE LIMIT LINE TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 39.77 ACRES, SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. I, C. Joseph Holland, state that I am a practicing attorney in the State of Iowa and that I have examined a complete abstract of title to the above-described property continued to April 29, 2016, and as of that date the abstract shows that fee title to the above-described property is in The Crossing Development LC. The abstract sets out a mortgage from The Crossing Development LC, in favor of West Bank recorded October 17, 2014, in Book 5294, pages 466-477. I further certify that except as above stated the property is free from encumbrance. Dated as of this L day of May, 2016. C(\ v v C. Josep olland N ry MORTGAGEE CONSENT TO SUBDIVISION The undersigned, on behalf of West Bank, states that West Bank holds a mortgage on the property described below included within Cardinal Pointe West - Part One Subdivision: a mortgage recorded October 17, 2014, in Book 5294, pages 466-477 Johnson County Recorder's Office. The property included within Cardinal Pointe West - Part One is described as follows: PART OF THE NORTHWEST QUARTER AND PART OF THE NORTHEAST QUARTER AND PART OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 12, TOWNSHIP 79 NORTH, RANGE 7 WEST OF THE 5TH PRINCIPAL MERIDIAN, IOWA CITY, JOHNSON COUNTY, IOWA AND A PART OF AUDITOR'S PARCEL NO. 2012052 AS RECORDED IN BOOK 56, PAGE 379 IN THE OFFICE OF THE JOHNSON COUNTY, IOWA RECORDER AND PART OF AUDITOR'S PARCEL NO. 2012053 AS RECORDED IN BOOK 56, PAGE 378 IN THE OFFICE OF THE JOHNSON COUNTY, IOWA RECORDER DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTH QUARTER CORNER OF SAID SECTION 12; THENCE S0001'43"W 476.71 FEET ALONG THE EAST LINE OF THE NORTHEAST QUARTER OF SAID NORTHWEST QUARTER TO THE SOUTHERLY CORPORATE LIMIT LINE AS ESTABLISHED IN THE CORALVILLE VOLUNTARY ANNEXATION AND RECORDED IN BOOK 3873, PAGES 868-897 IN THE OFFICE OF THE JOHNSON COUNTY, IOWA RECORDER AND THE POINT OF BEGINNING; THENCE N89003'28"E 198.73 FEET ALONG SAID SOUTHERLY CORPORATE LIMIT LINE; THENCE SOUTHEASTERLY 179.94 FEET ALONG SAID SOUTHERLY CORPORATE LIMIT LINE AND THE ARC OF A 500.00 FOOT RADIUS CURVE, CONCAVE SOUTHERLY (CHORD BEARS S80037'57"E 178.97 FEET) TO THE WESTERLY LINE OF AUDITOR'S PARCEL 2014116 AS RECORDED IN BOOK 59, PAGES 93-94 IN THE OFFICE OF THE JOHNSON COUNTY RECORDER; THENCE S19°40'38"W 33.00 FEET ALONG SAID WESTERLY LINE TO THE SOUTHERLY LINE OF SAID AUDITOR'S PARCEL 2014116; THENCE SOUTHEASTERLY 41.84 FEET ALONG SAID SOUTHERLY LINE AND THE ARC OF A 25.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY (CHORD BEARS S22022'51"E 37.12 FEET); THENCE S25°33'40"W 10.00 FEET ALONG SAID SOUTHERLY LINE; THENCE S64°26'20"E 60.00 FEET ALONG SAID SOUTHERLY LINE; THENCE N25033'40"E 12.33 FEET ALONG SAID SOUTHERLY LINE; THENCE NORTHEASTERLY 39.27 FEET ALONG SAID SOUTHERLY LINE AND THE ARC OF A 25.00 FOOT RADIUS CURVE, CONCAVE SOUTHERLY (CHORD BEARS N70033'40"E 35.36 FEET); THENCE S64°26'20"E 111.50 FEET ALONG SAID SOUTHERLY LINE; THENCE S21010'50"W 132.95 FEET; THENCE S9015'18"W 55.00 FEET; THENCE S0018'19"E 55.00 FEET; THENCE S84054'52"W 200.00 FEET; THENCE NORTHWESTERLY 16.52 FEET ALONG THE ARC OF A 530.00 FOOT RADIUS CURVE, CONCAVE EASTERLY (CHORD BEARS N4°11'32"W 16.52 FEET); THENCE N 'V S86042'03"W 215.79 FEET; THENCE S14030'51"W 68.49 FEET; THENCE S21048'05"W 170.86 FEET; THENCE S53°13'37"W 209.13 FEET; THENCE S83036'43"W 156.77 FEET; THENCE SO°00'00"E 144.54 FEET; THENCE S52048'14"E 489.10 FEET; THENCE S16051'29"E 238.65 FEET; THENCE S44049'18"E 384.61 FEET; THENCE S26004'34"E 305.37 FEET; THENCE S69046'50"E 240.68 FEET TO THE SOUTHERLY LINE OF SAID AUDITOR'S PARCEL NO. 2012053; THENCE S63056'06"W 202.41 FEET ALONG SAID SOUTHERLY LINE TO THE SOUTHWEST CORNER OF SAID AUDITOR'S PARCEL NO. 2012053; THENCE N47030'30"W 0.55 FEET ALONG THE WESTERLY LINE OF SAID AUDITOR'S PARCEL NO. 2012053; THENCE N75013'30"W 139.56 FEET ALONG SAID WESTERLY LINE; THENCE N47 030'37"W 642.69 FEET ALONG SAID WESTERLY LINE; THENCE N47030'14"W 857.65 FEET ALONG SAID WESTERLY LINE; THENCE N43035'07"W 949.07 FEET ALONG SAID WESTERLY LINE; THENCE N0036'01"W 395.43 FEET TO THE SOUTHERLY CORPORATE LIMIT LINE AS ESTABLISHED IN SAID CORALVILLE VOLUNTARY ANNEXATION; THENCE N89003'28"E 1301.11 FEET ALONG SAID SOUTHERLY CORPORATE LIMIT LINE TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 39.77 ACRES, SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. The undersigned, on behalf of West Bank, states that the Bank consents to the subdivision of the above-described property into Cardinal Pointe West - Part One Subdivision and hereby releases any and all liens against those portions of the property dedicated to the public. i Dated as of this it 6 day of May, 2016. West Bank By.. Thomas J. Cil , Senior Vice -President STATE OF IOWA ) )ss: JOHNSON COUNTY ) This instrument was acknowledged before me on the I�D day of May, 2016, by Thomas J. Cilek, Senior Vice -President ,o�f Wees�t Bank. Ga15L % �%� d 4 ROOKELOZANO N ary P Yl�ic in and s id State Commission. NN"; ei 748145 MY Camp ssion Eipm N� CERTIFICATE OF COUNTY AUDITOR APPROVAL OF SUBDIVISION NAME I, Travis Weipert, Johnson County Auditor, approve the name Cardinal Pointe West - Part One with reference to the property described below as of the date of this certificate. PART OF THE NORTHWEST QUARTER AND PART OF THE NORTHEAST QUARTER AND PART OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 12, TOWNSHIP 79 NORTH, RANGE 7 WEST OF THE STH PRINCIPAL MERIDIAN, IOWA CITY, JOHNSON COUNTY, IOWA AND A PART OF AUDITOR'S PARCEL NO. 2012052 AS RECORDED IN BOOK 56, PAGE 379 IN THE OFFICE OF THE JOHNSON COUNTY, IOWA RECORDER AND PART OF AUDITOR'S PARCEL NO. 2012053 AS RECORDED IN BOOK 56, PAGE 378 IN THE OFFICE OF THE JOHNSON COUNTY, IOWA RECORDER DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTH QUARTER CORNER OF SAID SECTION 12; THENCE S0001'43"W 476.71 FEET ALONG THE EAST LINE OF THE NORTHEAST QUARTER OF SAID NORTHWEST QUARTER TO THE SOUTHERLY CORPORATE LIMIT LINE AS ESTABLISHED IN THE CORALVILLE VOLUNTARY ANNEXATION AND RECORDED IN BOOK 3873, PAGES 868-897 IN THE OFFICE OF THE JOHNSON COUNTY, IOWA RECORDER AND THE POINT OF BEGINNING; THENCE N89003'28"E 198.73 FEET ALONG SAID SOUTHERLY CORPORATE LIMIT LINE; THENCE SOUTHEASTERLY 179.94 FEET ALONG SAID SOUTHERLY CORPORATE LIMIT LINE AND THE ARC OF A 500.00 FOOT RADIUS CURVE, CONCAVE SOUTHERLY (CHORD BEARS S80037'57"E 178.97 FEET) TO THE WESTERLY LINE OF AUDITOR'S PARCEL 2014116 AS RECORDED IN BOOK 59, PAGES 93-94 IN THE OFFICE OF THE JOHNSON COUNTY RECORDER; THENCE S19040'38"W 33.00 FEET ALONG SAID WESTERLY LINE TO THE SOUTHERLY LINE OF SAID AUDITOR'S PARCEL 2014116; THENCE SOUTHEASTERLY 41.84 FEET ALONG SAID SOUTHERLY LINE AND THE ARC OF A 25.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY (CHORD BEARS S22022'51"E 37.12 FEET); THENCE S25°33'40"W 10.00 FEET ALONG SAID SOUTHERLY LINE; THENCE S64026'20"E 60.00 FEET ALONG SAID SOUTHERLY LINE; THENCE N25033'40"E 12.33 FEET ALONG SAID SOUTHERLY LINE; THENCE NORTHEASTERLY 39.27 FEET ALONG SAID SOUTHERLY LINE AND THE ARC OF A 25.00 FOOT RADIUS CURVE, CONCAVE SOUTHERLY (CHORD BEARS N70°33'40"E 35.36 FEET); THENCE S64026'20"E 111.50 FEET ALONG SAID SOUTHERLY LINE; THENCE S21010'50"W 132.95 FEET; THENCE S9°15'18"W 55.00 FEET; THENCE S0018'19"E 55.00 FEET; THENCE S84054'52"W 200.00 FEET; THENCE NORTHWESTERLY 16.52 FEET ALONG THE ARC OF A 530.00 FOOT RADIUS CURVE, CONCAVE EASTERLY (CHORD BEARS N4011'32"W 16.52 FEET); THENCE S86042'03"W 215.79 FEET; THENCE S14030'51"W 68.49 FEET; THENCE S21048105"W 170.86 FEET; THENCE S53013'37"W 209.13 FEET; THENCE S83036'43"W 156.77 FEET; THENCE SO°00'00"E 144.54 FEET; THENCE S52°48'14"E fey 489.10 FEET; THENCE S16051'29"E 238.65 FEET; THENCE S44049'18"E 384.61 FEET; THENCE S26004'34"E 305.37 FEET; THENCE S69046'50"E 240.68 FEET TO THE SOUTHERLY LINE OF SAID AUDITOR'S PARCEL NO. 2012053; THENCE S63056'06"W 202.41 FEET ALONG SAID SOUTHERLY LINE TO THE SOUTHWEST CORNER OF SAID AUDITOR'S PARCEL NO. 2012053; THENCE N47030'30"W 0.55 FEET ALONG THE WESTERLY LINE OF SAID AUDITOR'S PARCEL NO. 2012053; THENCE N7501313011W 139.56 FEET ALONG SAID WESTERLY LINE; THENCE N47030'37"W 642.69 FEET ALONG SAID WESTERLY LINE; THENCE N47030'14"W 857.65 FEET ALONG SAID WESTERLY LINE; THENCE N43035'07"W 949.07 FEET ALONG SAID WESTERLY LINE; THENCE N0036'01"W 395.43 FEET TO THE SOUTHERLY CORPORATE LIMIT LINE AS ESTABLISHED IN SAID CORALVILLE VOLUNTARY ANNEXATION; THENCE N89°03'28"E 1301.11 FEET ALONG SAID SOUTHERLY CORPORATE LIMIT LINE TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 39.77 ACRES, SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. Dated as of this —k±— day of May, 2016. vcs ��e%� Travis Weipert, County Audito by u t y 9 r CERTIFICATE OF COUNTY TREASURER CARDINAL POINTE WEST PART ONE I, Thomas L. Kriz, Johnson County Treasurer, certify that all real estate taxes and special assessments have been paid with reference to the property described below as of the date of this certificate. PART OF THE NORTHWEST QUARTER AND PART OF THE NORTHEAST QUARTER AND PART OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 12, TOWNSHIP 79 NORTH, RANGE 7 WEST OF THE 5TH PRINCIPAL MERIDIAN, IOWA CITY, JOHNSON COUNTY, IOWA AND A PART OF AUDITOR'S PARCEL NO. 2012052 AS RECORDED IN BOOK 56, PAGE 379 IN THE OFFICE OF THE JOHNSON COUNTY, IOWA RECORDER AND PART OF AUDITOR'S PARCEL NO. 2012053 AS RECORDED IN BOOK 56, PAGE 378 IN THE OFFICE OF THE JOHNSON COUNTY, IOWA RECORDER DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTH QUARTER CORNER OF SAID SECTION 12; THENCE S0001143"W 476.71 FEET ALONG THE EAST LINE OF THE NORTHEAST QUARTER OF SAID NORTHWEST QUARTER TO THE SOUTHERLY CORPORATE LIMIT LINE AS ESTABLISHED IN THE CORALVILLE VOLUNTARY ANNEXATION AND RECORDED IN BOOK 3873, PAGES 868-897 IN THE OFFICE OF THE JOHNSON COUNTY, IOWA RECORDER AND THE POINT OF BEGINNING; THENCE N89003'28"E 198.73 FEET ALONG SAID SOUTHERLY CORPORATE LIMIT LINE; THENCE SOUTHEASTERLY 179.94 FEET ALONG SAID SOUTHERLY CORPORATE LIMIT LINE AND THE ARC OF A 500.00 FOOT RADIUS CURVE, CONCAVE SOUTHERLY (CHORD BEARS S80037'57"E 178.97 FEET) TO THE WESTERLY LINE OF AUDITOR'S PARCEL 2014116 AS RECORDED IN BOOK 59, PAGES 93-94 IN THE OFFICE OF THE JOHNSON COUNTY RECORDER; THENCE S19040'38"W 33.00 FEET ALONG SAID WESTERLY LINE TO THE SOUTHERLY LINE OF SAID AUDITOR'S PARCEL 2014116; THENCE SOUTHEASTERLY 41.84 FEET ALONG SAID SOUTHERLY LINE AND THE ARC OF A 25.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY (CHORD BEARS S22022'51"E 37.12 FEET); THENCE S25°33'40"W 10.00 FEET ALONG SAID SOUTHERLY LINE; THENCE S64026'20"E 60.00 FEET ALONG SAID SOUTHERLY LINE; THENCE N25033'40"E 12.33 FEET ALONG SAID SOUTHERLY LINE; THENCE NORTHEASTERLY 39.27 FEET ALONG SAID SOUTHERLY LINE AND THE ARC OF A 25.00 FOOT RADIUS CURVE, CONCAVE SOUTHERLY (CHORD BEARS N70°33'40"E 35.36 FEET); THENCE S64026'20"E 111.50 FEET ALONG SAID SOUTHERLY LINE; THENCE S21010'50"W 132.95 FEET; THENCE S9015'18"W 55.00 FEET; THENCE S0018'19"E 55.00 FEET; THENCE S84054'52"W 200.00 FEET; THENCE NORTHWESTERLY 16.52 FEET ALONG THE ARC OF A 530.00 FOOT RADIUS CURVE, CONCAVE EASTERLY (CHORD BEARS N4011'32"W 16.52 FEET); THENCE S86042'03"W 215.79 FEET; THENCE S14030'51"W 68.49 FEET; THENCE S21048'05"W 170.86 FEET; THENCE S53013'37"W 209.13 FEET; THENCE S83036'43"W 156.77 FEET; THENCE SO°00'00"E 144.54 FEET; THENCE S52048'14"E N /V 489.10 FEET; THENCE S16051'29"E 238.65 FEET; THENCE S44049'18"E 384.61 FEET; THENCE S2600413411E 305.37 FEET; THENCE S69046150"E 240.68 FEET TO THE SOUTHERLY LINE OF SAID AUDITOR'S PARCEL NO. 2012053; THENCE S6305610611W 202.41 FEET ALONG SAID SOUTHERLY LINE TO THE SOUTHWEST CORNER OF SAID AUDITOR'S PARCEL NO. 2012053; THENCE N47°30'30"W 0.55 FEET ALONG THE WESTERLY LINE OF SAID AUDITOR'S PARCEL NO. 2012053; THENCE N75013130"W 139.56 FEET ALONG SAID WESTERLY LINE; THENCE N47030'37"W 642.69 FEET ALONG SAID WESTERLY LINE; THENCE N47030'14"W 857.65 FEET ALONG SAID WESTERLY LINE; THENCE N43035'07"W 949.07 FEET ALONG SAID WESTERLY LINE; THENCE N0036'01"W 395.43 FEET TO THE SOUTHERLY CORPORATE LIMIT LINE AS ESTABLISHED IN SAID CORALVILLE VOLUNTARY ANNEXATION; THENCE N89003'28"E 1301.11 FEET ALONG SAID SOUTHERLY CORPORATE LIMIT LINE TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 39.77 ACRES, SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. Dated as of this —Y,O day of May, 2016. Thomas L. Kriz, County Treasurer by: Deputy Parcel #: �� I a2v6-ou3 1/ 12 151 O'S ✓V N STORM SEWER AND DRAINAGE EASEMENT AGREEMENT CARDINAL POINTE WEST - PART ONE, IOWA CITY, IOWA THIS AGREEMENT is made and entered into by and between The Crossing Development LC (Owner), which expression shall include its successors in interest and assigns, and the City of Iowa City, Iowa (the City), which expression shall include its Successors in interest and assigns. It is hereby agreed as follows: For the sum of $1.00 plus other valuable consideration, the receipt of which is hereby acknowledged, Owner hereby grants and conveys to the City an easement for the purposes of excavating for and the installation, replacement, maintenance and use of such storm sewer lines, pipes, mains, conduits and drainage ways as the City shall from time to time elect for conveying storm water with all necessary appliances and fittings for the use in connection with said pipe lines, together with adequate protection therefor, and also a right of way, with the right of ingress and egress thereto over and across Outlots A and B and those areas designated as "Storm Sewer Easement" on the Final Plat of said subdivision herein described as the "Easement Areas." Owner further grants to the City: 1. The right of grading said Easement Areas for the full width thereof, and to extend the cuts and fills for such grading into and onto said lands along and outside of the said Easement Areas, to such extent as the City may find reasonably necessary. 2. The right from time to time to trim, to cut down and clear away any and all trees and brush on said Easement Areas, and also to trim, cut down and clear away any trees on either side of said strip which now or hereafter in the opinion of the City may be a hazard to said Easement Areas or which may interfere with the exercise of the City's rights hereunder in any manner. 3. The City shall promptly backfill any trench made by it, and repair any damages caused by the City within the Easement Areas. The City shall indemnify Owner against unreasonable loss or damage which may occur in the negligent exercise of the easement rights by the City. Except as expressly provided herein, the City shall have no responsibility for maintaining the Easement Areas. 4. Owner reserves the right to use said Easement Areas for purposes which will not interfere with the City's full enjoyment of the rights hereby granted; provided that the Owner shall not erect or construct any building, fence, retaining wall, or other structure, plant any trees, drill or operate any well, or construct any reservoir or other obstruction on said areas, or diminish or substantially add to the ground cover over said Easement Areas. Any improvements installed within the easement area, with or without the approval of the City, may NN be removed by the City without compensation or replacement. 5. Owner does hereby covenant with the City that it is lawfully seized and possessed of the real estate above described, and that they have a good and lawful right to convey it, or any part thereof. 6. Nothing in this Agreement shall be construed to impose a requirement on the City to install the original public improvement(s) at issue herein. Nor shall Owner be deemed acting as the City's agent during the original construction and installation of said improvement. 7. Parties agree that the obligation to install the public improvement(s) herein shall be in accordance with City specifications, and the obligation shall remain on Owner until completion by Owner, and until acceptance by the City, as provided by law. The provisions hereof shall inure to the benefit of and bind the successors and assigns of the respective parties hereto, and all covenants shall apply to and run with the land and with the title to the land. DATED as of this � day of May, 2016. OWNER: The Crossing Development LC ?/seaphT-!Braverman,age CITY: / i By. James ThrogmorAfon, Mayor Approved by: ALYO-���� Attorney ATTEST: Marian K. Karr, City Clerk N rV STATE OF IOWA ss: JOHNSON COUNTY ) This instrument was acknowledged before me on the —L& -day of May, 2016 by Joseph T. Braverman, Manager of The Crossing Development LC. C. JOSEPH HOLLAND \ o Comrtxssion Number 141071 My ComMssian Expires Notary Public in n for said State ow Ma reh 24, 20177 STATE OF IOWA )ss: JOHNSON COUNTY ) This instrument acknowledged before me this�'� day of May, 2016, by James Throgmorton and Marian K. Karr, as the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa. Notary Public in and for said State Jv�+t KELLIE K. 22 819 TU7TLE 1819 Commiao M1 Sion EW es M Co MI ,ion Exptres STORM WATER DETENTION EASEMENT AGREEMENT CARDINAL POINTE WEST - PART ONE, IOWA CITY, IOWA The Crossing Development LC hereinafter "Owner" of the real estate described as Cardinal Pointe West - Part One, Iowa City, Iowa, on the approved Final Plat thereof, hereby grants to the City of Iowa City, Iowa an easement for construction, operation and maintenance of stormwater control structures and stormwater control facilities, together with a right of ingress and egress thereto over and across that portion of Cardinal Pointe West - Part One labeled as "Outlot D ("Storm Water Management Facility")" as shown upon on the Final Plat of Cardinal Pointe West - Part One and sometimes referred to herein as the Easement Area. Owner grants to the City the following rights in conjunction with the Easement: 1. The right of grading said Easement Area for the full width thereof, and the right to extend the cuts and fills for such grading into and on said land along and outside of said Easement Area as the City may find reasonably necessary. 2. The right from time to time to trim, to cut down and clear away all trees and brush on said Easement Area, and on either side of the Easement Area, which now or hereafter in the opinion of the City may be a hazard to said facilities or may interfere with the City's rights hereunder in any manner. 3. The City shall indemnify Owner and the Association against any loss or damage which shall be caused by the negligent exercise of any ingress or egress, construction, use or maintenance by the City or its agents or employees in the course of their employment. 4. Owner reserves the right to use the Easement Area for purposes which will not interfere with the City's full enjoyment of the rights hereby granted, provided that the Owner and Subdivider and Association 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. S. Owner and the Association shall maintain the area within the Easement Area free from weeds and debris and shall in no event fill or prevent the storm water detention facilities to be filled in, and the Owner and Subdivider and the Association also agree to maintain its land so as to minimize erosion in and around the Easement Area. 6. Owner does hereby covenant with the City that it is lawfully seized and possessed of the real estate above described, and A/ N that they have a good and lawful right to convey it, or any part thereof. 7. After completion of the storm water detention facility, the Association and 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. This obligation for maintenance will be transferred and become the obligation of the Homeowners Association formed in part for this purpose. The provisions hereof shall successors and assigns of the covenants shall apply to and run the land. inure to the benefit of and bind the respective parties hereto, and all with the land and with the title to DATED as of this - day of May, 2016. OWNER: The Crossing Development LC y: J seph T. Braverman, Manager CITY, By James Throgmorto , Mayor Approved by: ity Attorney s fr7/(0 STATE OF IOWA ATTEST: Mar n K. Karr, City Clerk ss: JOHNSON COUNTY ) 1// This instrument was acknowledged before me on the llO�y of May, 2016 by Joseph T. Braverman, Manager of The Crossing Development LC. o C"OSEPH HOLLAND CmnMasicn Number 141011 Notary Pub ' in and for said State MY Cession Ezpims ow Match 24, 2017 VV STATE OF IOWA )ss: JOHNSON COUNTY ) This instrument acknowledged before me this -L-ft day of 2016, by James Throgmorton and Marian K. Karr, as the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa. k u��ieJ Notary Public in and for said State 2eKELLIE K. TUTTLE Commission Number 221879 My Co mI ion EXPIres IV N c SANITARY SEWER AGREEMENT CARDINAL POINTE WEST - PART ONE THIS AGREEMENT, made and entered into by and between The Crossing Development LC (Owner), which expression shall include successors in interest and assigns, and the City of Iowa City, Iowa (Iowa City), which expression shall include its successors in interest and assigns. WITNESSETH: It is hereby agreed as follows: For the sum of $1.00 plus other valuable consideration, the receipt of which is hereby acknowledged, Owner hereby grants and conveys to the City an easement for the purposes of excavating for and the installation, replacement, maintenance and use of such sewage lines, pipes, mains, and conduits as the City shall from time to time elect for conveying sewage, with all necessary appliances and fittings, for the use in connection with said pipe lines, together with adequate protection therefor, and also a right of way, with the right of ingress and egress thereto, over and across the areas designated as "20' Water and Sanitary Sewer and Utility Easement" and "30' Sanitary Sewer Easement (Centered)" and "15' Sanitary Sewer and Utility Easement" on the Final Plat of Cardinal Pointe West - Part One, Iowa City, Iowa, hereafter described as "Easement Areas." Owner further grants to the City: 1. The right of grading said Easement Areas for the full width thereof, and to extend the cuts and fills for such grading into and onto said lands along and outside of the said Easement Areas to such extent as the City may find reasonably necessary. 2. The right from time to time to trim, cut down and clear away any and all trees and brush on said Easement Areas and also to trim, cut down and clear away any trees on either side of said Easement Areas which now or hereafter in the opinion of the City may be a hazard to said Easement Areas, or which may interfere with the exercise of the City's rights hereunder in any manner. The City shall promptly backfill any trench made by it, and repair any damages caused by the City within the easement area. The City shall indemnify Owner against unreasonable loss or damage which may occur in the negligent exercise of the easement rights by the City. Except as expressly provided herein, the City shall have no responsibility for maintaining the easement area. Owner reserves the right to use the Easement Area for purposes which will not interfere with the City's full enjoyment of the rights hereby granted, provided that the Owner shall not erect or construct any building, fence, retaining wall, or other structure, plant any N N trees, drill or operate any well, or construct any reservoir or other obstruction on said area, or diminish or substantially add to the ground cover over said Easement Area. Any such improvement installed within the easement area, with or without City approval, may be removed by the City without compensation or replacement. Owner does hereby covenant with the City that it is lawfully seized and possessed of the real estate above described, and that it has a good and lawful right to convey it, or any thereof. Nothing in this Agreement shall be construed to impose a requirement on the City to install the original public improvement at issue herein. Nor shall Owner be deemed acting as the City's agent during the original construction and installation of said improvement. Parties agree that the obligation to install the public improvement(s) herein shall be in accordance with City specifications, and the obligation shall remain on Owner until completion and until acceptance by the City, as by law provided. The provisions hereof shall 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. 114 Dated as of this L6 clay of May, 2016. OWNER: The Crossing Development LC B ^oseph Braverman, Manager CITY: b Jim Throgmoiton, Mayor Approved by: City Attorney ATTEST: �A��ti� 'e Maria K. Karr, City Clerk STATE OF IOWA ) )ss: JOHNSON COUNTY ) This instrument acknowledged before me this day of May, 2016, by Joseph T. Braverman Mana er of The Crossing Development LC. LCJOSEPH HOL03 LAND n Number 1141011ch� 24.2017 fres Notary iwblic in and for said State STATE OF IOWA ) )ss: JOHNSON COUNTY ) This instrument acknowledged before me this SIT"` day of May, 2016, by Jim Throgmorton and Marian K. Karr, as the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa. Notary Public in and for said State t.41 KELLIE K. TUTTLE Comml�s:on Number 2 res My Co mi sion E>�iresow 91 ,V ry WATER MAIN EASEMENT AGREEMENT CARDINAL POINTE WEST - PART ONE THIS AGREEMENT made by and between The Crossing Development LC, hereinafter called `Owner", which expression shall include its successors and assigns, and the City of Iowa, City, Iowa, a municipal corporation hereinafter called the "City". WITNESSETH: It is hereby agreed as follows: For the sum of $1.00 plus other valuable consideration, the receipt of which is hereby acknowledged, Owner hereby grants and convey to the City an easement for the purposes of excavating for and the installation, replacement, maintenance and use of such water lines, pipes, mains, and conduits, as the City shall from time to time elect for conveying water, with all necessary appliances and fittings, for the use in connection with said pipe lines, together with adequate protection therefor, and also a right of way, with the right of ingress and egress thereto, over and across the area designated as "20' Water and Sanitary Sewer and Utility Easement" and "20' Pedestrian and Water Main Easement" and "10' Pedestrian and Water Main Easement" and "15' Water and Utility Easement" on the Final Plat of Cardinal Pointe West - Part One, Iowa City, Iowa, hereafter described as "Easement Areas", as located within the Subdivision. Owner further grants to the City: 1. The right of grading said Easement Areas for the full width thereof, and to extend the cuts and fills for such grading into and onto said lands along and outside of the said Easement Areas to such extent as the City may find reasonably necessary. 2. The right from time to time to trim, cut down and clear away any and all trees and brush on said Easement Areas and also to trim, cut down and clear away any trees on either side of said Easement Areas which now or hereafter in the opinion of the City may be a hazard to said Easement Areas, or which may interfere with the exercise of the City's rights hereunder in any manner. 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 the Easement Area for purposes which will not interfere with the City's full enjoyment of the rights hereby granted, provided that the Owner and Owner and Association shall not erect or construct any building, fence, retaining wall, or other ry structure, plant any trees, drill or operate any well, or construct any reservoir or other obstruction on said area, or diminish or substantially add to the ground cover over said Easement Area. Any such improvement installed within the easement area, with or without City approval, may be removed by the City without compensation or replacement. Owner does hereby covenant with the City that it is lawfully seized and possessed of the real estate above described, and has good and lawful right to convey it, or any part thereof. Nothing in this Agreement shall be construed to impose a requirement on the City to install the original public improvement at issue herein. Nor shall Owner be deemed acting as the City's agent during the original construction and installation of said improvement. Parties agree that the obligation to install the public improvement(s) herein shall be in accordance with City specifications, and the obligation shall remain on Owner and Owner until completion and until acceptance by the City, as by law provided. The provisions hereof shall inure to the benefit of and bind the successors and assigns of the respective Parties hereto, and all covenants shall apply to and run with the land and with the title to the land. Dated this 1(0� day of May, 2016. Owner: The Crossing e men t LC 6yl J eph T. Braverman, Manager STATE OF IOWA ) ss: JOHNSON COUNTY ) %� This instrument was acknowledged before me on the v day of May, 2016, by Joseph T. Braverman, Manager of The Crossing Development LC. 0kO. JOSEPH HOLLAND ✓� Commissim Number 141011 My Commission Expires 0, March 24, 2017 Notary Public in and for said State CIP By: Jim ThrogrncZton, Mayor ATTEST: Marian K. Karr, City Clerk N rV Approved by: City Attorney STATE OF IOWA ) )ss: JOHNSON COUNTY ) This instrument acknowledged before me 2016, by Jim Throgmorton, Mayor and Marian K City of Iowa City, Iowa. Notary Public in and for said State on the P'"- day of May, Karr, City Clerk, of the w5w N 'V PEDESTRIAN ACCESS EASEMENT CARDINAL POINTE WEST - PART ONE IOWA CITY, IOWA For the sum of One Dollar and other valuable consideration, the undersigned Owner hereby grants to the public, a perpetual access easement upon, over, along, and across the area designated as "20' Pedestrian and Water Main Easement" and "10' Pedestrian and Water Main Easement" on the final Plat of Cardinal Pointe West - Part One, referred to herein as the "Easement Areas." This easement grants to the public a means of pedestrian ingress, egress, and passage over the Easement Areas. The City shall have no responsibility for maintaining these Easement Areas. The Owner and the Subdivider agree to install a sidewalk within the easement area, as detailed in the Subdivider's Agreement entered into contemporaneously herewith. The Owner, or an Owners Association created by the Owner, shall and maintain the sidewalk within the Easement Areas. Neither Owner nor any benefitted party shall erect or construct any structure, building, fence, reservoir, retaining wall, or other obstruction in the Easement Areas, and shall not park motor vehicles in a manner which obstructs the functioning of the easement or otherwise obstruct the functioning of the easement. The Owner hereby covenants that it is lawfully seized and possessed of the real estate described above, and that it has good and lawful right to convey it or any part thereof. This easement shall inure to the benefit of successors and assigns of the respective parties hereto shall be deemed to apply to and run with the title to Dated as of this � day of May, 2016. OWNER: The Crossing Development LC B oseph T. Braverman, Manager and bind the All covenants the land. CITY: ATTEST: by Jim Throgmor 'n, Mayor Marian K. Karr, City Clerk Page 1 of 2 Approved Aby: Q cG lGt 2e�N^?7rr�A/KIG� City Attorney S X7`(4, STATE OF IOWA )ss: JOHNSON COUNTY ) - This instrument acknowledged before me this –L6— day of May, 2016, by Joseph T. Braverman, Manager of Thl� Crossing Development LC. C.JOSEPH HOLLAND Z Canmission Number 141971 Notary Pub c in and for said State ow My Com March on sl 2077 ves STATE OF IOWA )ss: JOHNSON COUNTY ) This instrument acknowledged Jim Throgmorton and Marian respectively, of the City of before me this L -E -k day of May, 2016, by K. Karr, as the Mayor and City Clerk, Iowa City, Iowa. Notary Public in and for said State Page 2 of 2 KELLIEK.TUTfLE r* COmmles,n Nomber 221919 My Com issio Tres N UNDERGROUND UTILITY EASEMENT CARDINAL POINTE WEST - PART ONE In consideration of the approval of the Final Plat of Cardinal Pointe West - Part One, the undersigned hereby grants to MidAmerican Energy, Centurylink Corporation, MediaCom Iowa, L.L.C., and the City of Iowa City, and their successors and assigns, (hereinafter "Grantees") a perpetual easement upon, over, under, along and across the areas marked upon the Final Plat of Cardinal Pointe West - Part One as "15' Utility Easement" and "20' Water and Sanitary Sewer and Utility Easement" and "15' Sanitary Sewer and Utility Easement" and "15' Water and 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 Owner against unreasonable loss or damage which may occur in the negligent exercise of the easement rights granted herein. Owner, its successors in interest and assigns, reserve the right to use said easement areas for purposes which will not interfere with the Grantees' full enjoyment of rights hereby granted; provided that Owner shall not erect or construct any reservoir, fence, retaining wall or other obstruction on said areas, or diminish or substantially add to the ground cover over said Easement Areas. No permanent dwellings or trees shall be placed on the areas so designated for Utility Easements, but with advance written authorization from the Grantees' Representatives the same may be used for gardens, shrubs, plantings, minor landscaping and other purposes that do not then or later interfere with the aforesaid uses or the rights herein granted, but such items placed in the Easement Areas, with or without City approval, may be removed by the Grantees without compensation or replacement. Dated as of this /6 D-day of May, 2016 N N OWNER: The Crossing Development LC B Jcw9eph T. Braverman, Manager CITY: By: im Throgmor nn, Mayor Ap roved by: City Attorney i7�e STATE OF IOWA ) )ss: JOHNSON COUNTY ) This instrument acknowledged 2016, by Joseph T. Braverman, Manag .raka C. JOSEPH HOLLAND i Commission Number p141011 ow My M rch 24207x7 ims STATE OF IOWA ) )ss: JOHNSON COUNTY ) ATTEST: Ma n K. Karr, City Clerk before me this /� I day of May, er of The Crossing Development LC. Notary Pu b c in and for said State This instrument acknowledged before me this 17H --day of May, 2016, by Jim Throgmorton and Marian K. Karr, as the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa. K -e rem k F l.tAce� Notary Public in and for said State KELLIE K. TUTTLE z CommItz:on Number 221818 My Com IssI n Expires ow N iV OFF SITE SANITARY SEWER EASEMENT AGREEMENT CARDINAL POINTE WEST - PART ONE IOWA CITY, IOWA THIS AGREEMENT, made and entered into by and between The Crossing Development LC (Owner), which expression shall include its successors in interest and assigns, and the City of Iowa City, Iowa (the City). WITNESSETH: It is hereby agreed as follows: For the sum of $1.00 plus other valuable consideration, the receipt of which is hereby acknowledged, Owner hereby grants and conveys to the City an easement for the purposes of excavating for and the installation, replacement, maintenance and use of such sewage lines, pipes, mains, and conduits as the City shall from time to time elect for conveying sewage, with all necessary appliances and fittings, for the use in connection with said pipe lines, together with adequate protection therefor, and also a right of way, with the right of ingress and egress thereto, over and across the areas designated as "Sanitary Sewer Easement (Off -Site)" on the attached Easement Plats, hereafter described as "Easement Areas." Owner further grants to the City: 1. The right of grading said Easement Areas for the full width thereof, and to extend the cuts and fills for such grading into and onto said lands along and outside of the said Easement Areas to such extent as the City may find reasonably necessary. 2. The right from time to time to trim, cut down and clear away any and all trees and brush on said Easement Areas and also to trim, cut down and clear away any trees on either side of said Easement Areas which now or hereafter in the opinion of the City may be a hazard to said Easement Areas, or which may interfere with the exercise of the City's rights hereunder in any manner. 3. The right to enter onto land beyond the Easement Area to conduct emergency repairs that may extend beyond the Easement Area without obtaining a separate temporary easement. 4. 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. 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 N construct any building, fence, retaining wall or other structure, plant any trees, drill or operate any well, or construct any reservoir or other obstruction on said areas, or diminish or substantially add to the ground cover over said Easement Areas. Any improvements placed in the Easement Area, with or without City approval, may be removed by the city without compensation or replacement. 6. Owner does hereby covenant with the City that it is lawfully seized and possessed of the real estate above described, and that it has a good and lawful right to convey it, or any thereof. 7. Nothing in this Agreement shall be construed to impose a requirement on the City to install the original public improvement at issue herein. Nor shall Owner be deemed acting as the City's agent during the original construction and installation of said improvement. Parties agree that the obligation to install the public improvement(s) herein shall be in accordance with City specifications, and the obligation shall remain on Owner until completion and until acceptance by the City, as by law provided. 8. The provisions hereof shall inure to the benefit of and bind the successors and assigns of the respective Parties hereto, and all covenants shall apply to and run with the land and with the title to the land. Dated as of this to may of May, 2016. OWNER: The Crossing Development LC 0 seph T. Braverman, Manager CITY- - IT ;;� / By: James Throgmor o , Mayor STATE OF IOWA ATTEST: Marian K. Karr, City Clerk )ss: JOHNSON COUNTY ) ] S This instrument acknowledged before me this I( / o �I•day of May, 2016, by Joseph T. Braverman, Manager of The Crossing Development LC. 5:l V o>�k O. JOSEPH HOLLAND Notary Publi n and for the State of Iowa Commisslon Niwnber 141011 My Canmission Expires ow March 24, 2017 N N STATE OF IOWA ) )ss: JOHNSON COUNTY ) This instrument acknowledged before me this )-7H— day of May, 2016, by James Throgmorton and Marian K. Karr, as the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa. Notary Public in and for the State of Iowa J°`4 KELLIE K. TU1"!LE �� Commiss'on Number 221818 My Com issi n E�Ires Y'V EXHIBIT SANITARY SEWER EASEMENT (OFF-SITE) CARDINAL POINTE WEST - PART ONE IN THE CITY OF IOWA CITY, JOHNSON COUNTY, IOWA I � 1 p5 I z z a a 4G�0 PGS X11° , 9 S45'29'17"E /191.77' 1// a o- +� N8226'37"E I A� 8q jj It 148,01' a 01 (lfilllot OG �jj 1��(7+/jjr//,�����Il i��`[{i+��%lljj`/f �TA��• sw �'� 58226'3T D 143.46' + 0 100 200 300 400 t1�l GRAPHIC SCALE IN FEET` (�i�/o iSCALE: 1=200o G9� /.��l i fPr SS v_ 6,zs A;'�1,�%ij rj1J .r r,) f/I v�si r(�ir�t+ tt� 57646.54^ ' l l r 1 SANITARY SEWER EASEMENT �� e�E;�'�'j%t`+fr+l�,��ir`Il+,� e r ��l�t7tfil }���'�� I (OFF-SITE)_ALL:%`ft/;jli;t"`/1;ij%,rlli';i'f'%'i�/i 98,213 SQ.FT. `N76.46,s4^w 2.26 ACRES a Iso 75 �'y / I / I / rA0>>Gy6 I w / pR PG P�O\oo 4. y6, / I SURVEY LEGEND 0 SET 1/2" REBAR W/ YELLOW PLASTIC CAP NO. 18769 • FD. 1/2" REBAR W/ ORANGE PLASTIC CAP NO. 11579 UNLESS OTHERWISE NOTED () RECORDED AS -------------- EASEMENT LINE PLAT OR SURVEY BOUNDARY - - - - 1/4-1/4 SECTION LINE EXISTING LOT LINE OWNER: THE CROSSING DEVELOPMENT, LC 755 MORMON TREK BOULEVARD P.O. BOX 1907 IOWA CITY, 52246 OWNER'S ATTORNEY: C. JOSEPH HOLLAND 123 NORTH LINN STREET SUITE 300 IOWA CITY, IOWA 52245 ENGINEER: HALL & HALL ENGINEER'S, INC. 1860 BOYSON ROAD HIAWATHA, IOWA 52233 (319)-362-9548 LEGAL DESCRIPTION PART OF THE NORTHWEST QUARTER AND PART OF THE NORTHEAST QUARTER AND PART OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 12, TOWNSHIP 79 NORTH, RANGE 7 WEST OF THE 5TH PRINCIPAL MERIDIAN, IOWA CITY, JOHNSON COUNTY, IOWA AND A PART OF AUDITOR'S PARCEL NO. 2012052 AS RECORDED IN BOOK 56, PAGE 379 IN THE OFFICE OF THE JOHNSON COUNTY, IOWA RECORDER AND PART OF AUDITOR'S PARCEL NO. 2012053 AS RECORDED IN BOOK 56, PAGE 378 IN THE OFFICE OF THE JOHNSON COUNTY, IOWA RECORDER DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF LOT 4, CARDINAL POINTE WEST -PART ONE IN THE CITY OF IOWA CITY, JOHNSON COUNTY, IOWA; THENCE 584'54'52"W 176.49 FEET ALONG THE SOUTH LINE OF SAID LOT 4 AND A WESTERLY EXTENSION THEREOF TO THE POINT OF BEGINNING; THENCE SO'26'21'E 85.61 FEET; THENCE 560'50'31"W 146.06 FEET; THENCE 56'48'34"W 156.08 FEET; THENCE S35'19'58"E 355.12 FEET; THENCE S19'32'03"E 165.02 FEET; THENCE S4'56'44"E 212.99 FEET; THENCE S45'29'17"E 191.77 FEET; THENCE N82'26'37"E 148.01 FEET; THENCE S35'26'29"E 178.06 FEET; THENCE 556'06'29"E 215.39 FEET; THENCE 576'46'54"E 148.85 FEET; THENCE N43'19'55"E 338.83 FEET TO THE WESTERLY RIGHT OF WAY OF CAMP CARDINAL BOULEVARD; THENCE S30'56'56"E 51.94 FEET ALONG SAID WESTERLY RIGHT OF WAY; THENCE S43'19'55"W 342.00 FEET; THENCE N76'46'54"W 190.75 FEET; THENCE N56'06'29"W 229.98 FEET; THENCE N35'26'29"W 161.27 FEET; THENCE 582'26'37"W 143.46 FEET; THENCE N45'29'17"W 210.69 FEET; THENCE N4'56'44"W 235.61 FEET; THENCE N19'32'03"W 120.29 FEET; THENCE N35'19'58"W 382.59 FEET; THENCE N57'45'42"W 191.46 FEET TO THE SOUTHEASTERLY LINE OF LOT 14 OF SAID CARDINAL POINTE WEST -PART ONE; THENCE N53'13'37"E 21.42 FEET ALONG SAID SOUTHEASTERLY LINE TO THE EASTERLY CORNER OF SAID LOT 14 AND THE SOUTHERLY CORNER OF LOT 13 OF SAID CARDINAL POINTE WEST -PART ONE; THENCE N21'48'05"E 20.34 FEET ALONG THE SOUTHEASTERLY LINE OF SAID LOT 13; THENCE 557'45'42"E 165.31 FEET; THENCE N6'48'34"E 155.33 FEET; THENCE N60'50'31"E 143.59 FEET; THENCE NO'26'21"W 82.15 FEET TO THE SOUTH LINE OF LOT 5 OF SAID CARDINAL POINTE WEST -PART ONE; THENCE N86'42'03"E 5.50 FEET ALONG SAID SOUTH LINE TO THE SOUTHEAST CORNER OF SAID LOT 5 AND THE WESTERLY RIGHT OF WAY OF PRESTON LANE; THENCE SOUTHEASTERLY 16.52 FEET ALONG SAID WESTERLY RIGHT OF WAY AND THE ARC OF A 530.00 FOOT RADIUS CURVE, CONCAVE EASTERLY (CHORD BEARS S4'11'32"E 16.52 FEET); THENCE N84'54'52"E 23.51 FEET ALONG A SOUTHERLY LINE OF SAID CARDINAL POINTE WEST -PART ONE TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 2.26 ACRES, SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. N z � o Title: HALL & HALL ENGINEERS, INC.T O Oo N 0 Sheet AN EXHIBIT L/VAr =^ SANITARY ES(-) DHIAWATHA,T3e9AH 9 3°90 W 0\ Y C O N rn CARDINAL POINTE WEST "PART ONE ENGINEERING* LANDSCAPE ARCHITECTURE LAND 3 N o o IN THE CITY OF IOWA CITY, JOHNSON COUNTY, IOWA SURVEYING LANDDEVELO DEVELOPMENT PLANNING w .hallerg.wm n Designed by. Drown by. Checked by. ,CAD File: 1:\projecls\20000\20034-W7\DWG\Plots\20034-Wt-SAN SEW EASE OFF-SITE 3D2014.dwg Dote Plotted : Apr 19, 2016 - 10:17om Plotted By : RYAN-REMUNG OUTLOT A 0.77 AC S75 -29,9,E EXHIBIT SANITARY SEWER EASEMENT (OFF-SITE) CARDINAL POINTE WEST - PART ONE IN THE CITY OF IOWA CITY, JOHNSON COUNTY, IOWA IAT 30/ / ,1 �, % 1 IAT 10 / IAT 7 0.48 AC 0.38 AC o / 0.29 AC 15,C38/ rot N 1 ---i C9/ /C41 S77'07' " I I 60' �! IAT t o° a c 0.25 AC ^�. N .4 26 E .a IAT 2 'Q?��, o 31 JI 0 0.22 Ac v, 199.6J'.til I 57579'pg a 15 w m� 7.96' E 139.75 ••t• 22 C I 230 J, / :gym LOT 8 II Z C23 757557'53" IAT 29 0.27 AC C371 I E 0.48 AC I o Q I 1 0LD 11.38 AC 3/ 1 I i t 83 1 C42 LOT 3 Io '� I po IIL /I 0.22 AC 585'12'44"E 136.19'4-% LOT 28 0.46 AC 198.37' 1! O9 E -L m y^ a^, IAT 5 I ' i 016000' 1 . , V. - 0.26 AC C36 I ?_ to z 60 of I WT 12 c rvsu uu uu c — 77.12' N757s'09' •- v, I 0.37 AC O h / I / _ 10 W 922 ."Ol w6, 11 ap S7 ;� 7 578• 09, 8.26' 1 16.52' 0 1 S4' 11' 32"E EASEMENT r• `Der 160.00',_ LOT 27 6.63' j %/ / 48.02' ROAD, NIT313 j 0.42 AC / i I I / by :( 2]595 ( )30 3 N C3/{ LDT 113 z rn CARDINAL POINTE WEST - PART ONE C7 I 'moo / C17 �\ _65.02_ / C16_ .46.98' 5 ci u2 rLOT B LOT 15 20 AC if 0.48 AC N N 0 156. 0 100 200 900 400 GRAPHIC SCALE IN FEET 79.87, b _ N _ L 135-92: _ - _.__.... ACCESS AND WATER MAIN NO'26'21"W EASEMENT 82.15'— y , 0 M j \ N210.34' E 20.34' Ills -,e 091} .�`/Iri j/Jj/flj/ b ayl� 76.5 2 1 \x1711 //!t t� tr\'.%j• I ti i S 434 � i7 ttr rt+, t7J lT•�l1 2• �lt� t/tJ/)�11 A39 h p 5 17 /!! g0 /cif � `E N f li p6 r1:1711,1� vl o. u.f _S6 M a N N521.42' J9j46.�Ljf �1 t�i`i j1 >,9. I � 4•` a Jr Jr I; y�`ir. yA S9S�i1 itI / r+i/ i 1 !l'l , LOT 4 IC43 0.22 AC 1 140.00' 176.49 OF BEGINNING SO'26'21"E S915118"W 55.00' SO'18'19"E 55.00' Measured Curve Table Curve I Delta 032 / / / SANITARY 8.26' 1 16.52' SEWER •y 1 S4' 11' 32"E EASEMENT r• IAT 14 `Der 0.66 AC 0 100 200 900 400 GRAPHIC SCALE IN FEET 79.87, b _ N _ L 135-92: _ - _.__.... ACCESS AND WATER MAIN NO'26'21"W EASEMENT 82.15'— y , 0 M j \ N210.34' E 20.34' Ills -,e 091} .�`/Iri j/Jj/flj/ b ayl� 76.5 2 1 \x1711 //!t t� tr\'.%j• I ti i S 434 � i7 ttr rt+, t7J lT•�l1 2• �lt� t/tJ/)�11 A39 h p 5 17 /!! g0 /cif � `E N f li p6 r1:1711,1� vl o. u.f _S6 M a N N521.42' J9j46.�Ljf �1 t�i`i j1 >,9. I � 4•` a Jr Jr I; y�`ir. yA S9S�i1 itI / r+i/ i 1 !l'l , LOT 4 IC43 0.22 AC 1 140.00' 176.49 OF BEGINNING SO'26'21"E S915118"W 55.00' SO'18'19"E 55.00' Measured Curve Table Curve I Delta Tangent Length I Rodius Chord I Chard Brg C4 I 1' 47' 11' 8.26' 1 16.52' 530.00' 1 16.52' 1 S4' 11' 32"E S.E. CORNER O N.E. 1/4-N.W. 1/4 SECTION 12, T79N, R7W FD. 4"x4" CONIC. MON. I W/ 1/2" REBAR W/OPC NO. 11579 I e ll" SANITARY SEWER EASEMENT e t��/l f (OFF—SITE) Mir 1i I! 98,213 SQ.FT. 2.26 ACRES ���,%f%�%t \ t t%til +1 '9 it ,Nr1 I Z C77l �11 Jt I I 4B'9Jo• � IlJ'1 l,"114 m t l Jl r 54 z z 30' 1 x x Uil,1 U U �I111 i1 F -14 c Itf Ji jl � Ir s15 Iif / OUTLOT D JBf. N4529'17 9.99 AC 210.69'1/t�1" (STORM WATER �" 1/ I fI I MANAGEMENT \`� J/Jli FACIWTY) I I 1 N m 0 0 `1 0 Sheet Title: HALL & HALL ENGINEERS, INC. O ° o a „ EXHIBIT o G SANITARY SEWER EASEMENT ROAD, NIT313 p C N x a :( 2]595 ( )30 3 N z rn CARDINAL POINTE WEST - PART ONE CIVIL ENGINEERING a LANDSCAPE ARCHITECTURE LAND SURVEYING • LAND DEVELOPMENT PLANNING w hallengcom IN THE CITY OF IOWA CITY, JOHNSON COUNTY, IOWA Designed by. Drown by. Checked by. 'CAD File: 1:\projecls\20000\20034-WI\DWG\Plats\20034-W1-SAN SEW EASE OFF-SITE 302014.dwg Date Plotted : Apr 19, 2016 - 10:18om Plotted By : RYAN-REMLING 1 4 OFF SITE WATER MAIN EASEMENT AGREEMENT CARDINAL POINTE WEST - PART ONE IOWA CITY, IOWA THIS AGREEMENT made by and between The Crossing Development, LC hereinafter called "Owner" and "Subdivider", and the City of Iowa City, Iowa, a municipal corporation, hereinafter called the "City". WITNESSETH: It is hereby agreed as follows: For the sum of $1.00 plus other valuable consideration, the receipt of which is hereby acknowledged, Owner 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, with the right of ingress and egress thereto, over and across the area designated as "Pedestrian and Water Main Easement (Off -Site)" on the attached Plat hereafter described as "Easement Area." Owner further grants to the City: 1. The right of grading said Easement Area for the full width thereof, and to extend the cuts and fills for such grading into and onto said lands along and outside of the said Easement Area to such extent as the City may find reasonably necessary. 2. The right from time to time to trim, cut down and clear away any and all trees and brush on said Easement Area and also to trim, cut down and clear away any trees on either side of said Easement Area which now or hereafter in the opinion of the City may be a hazard to said Easement Area, or which may interfere with the exercise of the City's rights hereunder in any manner. 3. The City shall promptly backfill any trench made by it, and repair any damages caused by the City within the Easement Area. The City shall indemnify Owner against unreasonable loss or damage which may occur in the negligent exercise of the easement rights by 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 the Easement Area for purposes which will not interfere with the City's full enjoyment of the rights hereby granted, provided that the Owner and Owner and Association 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 ry 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 has good and lawful right to convey it, or any part thereof. 6. The provisions hereof shall inure to the benefit of and bind the successors and assigns of the respective Parties hereto, and all covenants shall apply to and run with the land and with the title to the land. Dated this / �Sday of May, 2016 OWNER and SUBDIVIDER: The Crossing Development LC eph T. Braverman, Manager STATE OF IOWA ) ss: JOHNSON COUNTY ) / / L This instrument was acknowledged before me on the Jot of May, 2016 by Joseph T. Braverman, Manager of The Crossing Development LC. o,1VN C. JOSEPH HOLLAND Commission Nvnber 141011 My Commission Expires oM March 24,2017 Notary Pub is in and for said State CITY OF IOWA CITY, IOWA by Jim Throgmo ton, Mayor ATTEST //W�� e 1Y 4,) Marian Karr, City Clerk N N State of Iowa )ss: Johnson County ) This instrument acknowledged before me this �/f-kday of May, 2016 by Jim Throgmorton and Marian Karr, Mayor and City Clerk respectively of the City of Iowa City, Iowa. _ Notary Public in and for said State KELLIE K. TUTTLE �� Commis:on Number 221919 ' My Co mission E�¢Ires 4- /'v - EXHIBIT PEDESTRIAN AND WATER MAIN EASEMENT (OFF-SITE) CARDINAL POINTE WEST - PART ONE IN THE CITY OF IOWA CITY, JOHNSON COUNTY, IOWA IAT IO 0.35 AC X00.4" •• — S84 ^ ^ IAT 5 T 95 N ACODTLOTI L N86'42'03" 25.31' 161.74 _ i N86.42.03"E 0.53 AC/ 54.05' CHORD= 10.Do' 134.73', DELTA=1'04.52" /C34 r IAT IO 0.35 AC T � � 09-ri i 152.30'. tq p0 A� N O o/ o/ LOT 12 1 W / 0.37 ACI ACCESS AND o WATER MAIN o ' '7 S7529'0g"E EASEMENT o I 160.00'.1 48.02' 1 LOT 113 no' 0.50 AC I OWNER_ THE CROSSING DEVELOPMENT, LC 755 MORMON TREK BOULEVARD P.O. BOX 1907 IOWA CITY, 52246 OWNER'S ATTORNEY: 0 � N w_ 4 / ' I POINT OF BEGINNIN( ioa _ 1� m LOT 8 C2 - Sv ^ 0.40 AC /N 525'33'40"W 10.00' .h S25.33.40"E ,J 569D216 C391 f rn LOT 7 75) 78, 0.29 AC i% / C38 5'y I S77 -07.31.E7.96' 139.75 •'1-• 22 LOT 6 / 0.27 AC C371 1( X00.4" •• — S84 ^ ^ IAT 5 a LO1i 0.26 AC C36 N m N86'42'03" 25.31' 161.74 _ i N86.42.03"E LOT 11 54.05' CHORD= 10.Do' 0.38 AC DELTA=1'04.52" / a Q �^ (� (OFF-SITE) PLAT OR SURVEY BOUNDARY T � � 09-ri i 152.30'. tq p0 A� N O o/ o/ LOT 12 1 W / 0.37 ACI ACCESS AND o WATER MAIN o ' '7 S7529'0g"E EASEMENT o I 160.00'.1 48.02' 1 LOT 113 no' 0.50 AC I OWNER_ THE CROSSING DEVELOPMENT, LC 755 MORMON TREK BOULEVARD P.O. BOX 1907 IOWA CITY, 52246 OWNER'S ATTORNEY: 0 � N w_ 4 / ' I POINT OF BEGINNIN( ioa _ 1� m LOT 8 C2 - Sv ^ 0.40 AC /N 525'33'40"W 10.00' .h S25.33.40"E ,J 569D216 C391 f rn LOT 7 75) 78, 0.29 AC i% / C38 5'y I S77 -07.31.E7.96' 139.75 •'1-• 22 LOT 6 / 0.27 AC C371 1( 525'33'40" 44. .``^ _ 29.29• r�,^^^ 567 S00 /C3 \ ^ A(CORo9Y N25'33'46�I . ^ P. ) \ �4012-33'0.25 AC \ i 4116 N25.33'40"E 7s6674/6" 29.29' /C41 E / 3 IAT 2 4?�J• o 0.22 AC 0 h H .757837.53"E 1 y 1C42 140.00'—. LOT 3 I 0.22 AC �� I- 5915'18"W 55.00' 11 E 140.00' LOT 4 IC43 0.22 AC I 1 140.00' i—_ 200 00' ESTRIAN AND WATER MAIN EASEMENT (OFF-SITE) 1,502 SQ.FT. 0.03 ACRES LEGAL DESCRIPTION SO'18'19"E 55.00' I b N 0 50 100 150 200 GRAPHIC SCALE IN FEET <' SURVEY LEGEND SCALE: 1"=100' v O SET 1/2" REBAR W/ YELLOW X00.4" •• — S84 ^ ^ IAT 5 a LO1i 0.26 AC C36 N m N86'42'03" 25.31' 161.74 _ i 525'33'40" 44. .``^ _ 29.29• r�,^^^ 567 S00 /C3 \ ^ A(CORo9Y N25'33'46�I . ^ P. ) \ �4012-33'0.25 AC \ i 4116 N25.33'40"E 7s6674/6" 29.29' /C41 E / 3 IAT 2 4?�J• o 0.22 AC 0 h H .757837.53"E 1 y 1C42 140.00'—. LOT 3 I 0.22 AC �� I- 5915'18"W 55.00' 11 E 140.00' LOT 4 IC43 0.22 AC I 1 140.00' i—_ 200 00' ESTRIAN AND WATER MAIN EASEMENT (OFF-SITE) 1,502 SQ.FT. 0.03 ACRES LEGAL DESCRIPTION SO'18'19"E 55.00' I b N 0 50 100 150 200 GRAPHIC SCALE IN FEET <' SURVEY LEGEND SCALE: 1"=100' v O SET 1/2" REBAR W/ YELLOW X00.4" •• — S84 o 138.59' 0 0 70.01'23"W R-530.00' 25.31' L=10.00' N86.42.03"E CHOIS3.5D'23"E 54.05' CHORD= 10.Do' S14'30'51"W DELTA=1'04.52" —6849' a TANGENT=5.00' 525'33'40" 44. .``^ _ 29.29• r�,^^^ 567 S00 /C3 \ ^ A(CORo9Y N25'33'46�I . ^ P. ) \ �4012-33'0.25 AC \ i 4116 N25.33'40"E 7s6674/6" 29.29' /C41 E / 3 IAT 2 4?�J• o 0.22 AC 0 h H .757837.53"E 1 y 1C42 140.00'—. LOT 3 I 0.22 AC �� I- 5915'18"W 55.00' 11 E 140.00' LOT 4 IC43 0.22 AC I 1 140.00' i—_ 200 00' ESTRIAN AND WATER MAIN EASEMENT (OFF-SITE) 1,502 SQ.FT. 0.03 ACRES LEGAL DESCRIPTION SO'18'19"E 55.00' I b N 0 50 100 150 200 GRAPHIC SCALE IN FEET <' SURVEY LEGEND SCALE: 1"=100' v O SET 1/2" REBAR W/ YELLOW a o NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 12, TOWNSHIP PLASTIC CAP NO. 18769 0 0 FD. 1/2" REBAR W/ YELLOW P PLASTIC CAP NO. 18769 0 UNLESS OTHERWISE NOTED IN BOOK 56, PAGE 379 IN THE OFFICE OF THE 0 () RECORDED AS n -------------- EASEMENT LINE a �^ (� (OFF-SITE) PLAT OR SURVEY BOUNDARY o - - - - 1/4-1/4 SECTION LINE LL 0 — — EXISTING LOT LINE w w (CORP) EXISTING CORPORATE LIMITS LINE Iw e 3 PART OF THE NORTHWEST QUARTER AND PART OF THE NORTHEAST QUARTER AND PART OF THE o NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 12, TOWNSHIP 79 NORTH, RANGE a 7 WEST OF THE 5TH PRINCIPAL MERIDIAN, IOWA CITY, JOHNSON COUNTY, IOWA AND A PART OF AUDITOR'S PARCEL NO. 2012052AS RECORDED IN BOOK 56, PAGE 379 IN THE OFFICE OF THE I B6, B,SON ROAD, HIAWATHA, IOWA 0233 JOHNSON COUNTY, IOWA RECORDER DESCRIBED AS FOLLOWS: O a C. JOSEPH HOLLAND COMMENCING AT THE SOUTHWEST CORNER OF OUTLOT C, CARDINAL POINTE WEST -PART ONE IN 123 NORTH LINN STREET THE CITY OF IOWA CITY, JOHNSON COUNTY, IOWA; THENCE N86'42'03"E 54.05 FEET ALONG THE SUITE 300 SOUTH LINE OF SAID OUTLOT C TO THE POINT OF BEGINNING; THENCE CONTINUING N8642'03"E IOWA CITY, IOWA 52245 161.74 FEET ALONG SAID SOUTH LINE AND THE SOUTH LINE OF LOT 5 OF SAID CARDINAL POINTE WEST -PART ONE TO THE SOUTHEAST CORNER OF SAID LOT 5 AND THE WESTERLY RIGHT OF WAY ENGINEER: OF PRESTON LANE; THENCE SOUTHEASTERLY 10.00 FEET ALONG SAID WESTERLY RIGHT OF WAY AND THE ARC OF A 530.00 FOOT RADIUS CURVE, CONCAVE EASTERLY (CHORD BEARS S3'50'23"E HALL & HALL 10.00 FEET); THENCE S86'42'03"W 138.59 FEET; THENCE N70'01'23"W 25.31 FEET TO THE POINT OF ENGINEER'S, INC, BEGINNING. HIAWATHA,BIO ROAD SAID PARCEL CONTAINS 0.03 ACRES, SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD HIAWHA, IOWA 52233 (319)-362-9548 N v i n +t o aaeel I. EXHIBIT nHLL a nMLc crvornccrto, nVA,. �,,."' OPEDESTRIAN AND WATER MAIN EASEMENT I B6, B,SON ROAD, HIAWATHA, IOWA 0233 (!1 Z C O — O x �^ (� (OFF-SITE) PHONE: (319)W24Ii18 FAX (319)362-7595 CINLENGINEERING OLANDSCAPEAACHITECTURE o at o p, CARDINAL POINTE WEST -PART ONE Aw/� UrvDsuavEVlNO o UsO DEVELOPMENT PUNNING xalle„v<om EJ THE CITY OF IOWA CITY, JOHNSON COUNTY, IOWA Designed by.DLK Drawn by.DLK Checked by. V 7J OFF SITE TEMPORARY TURN AROUND EASEMENT AGREEMENT CARDINAL POINTE WEST - PART ONE IOWA CITY, IOWA For the sum of One Dollar and other valuable consideration, the undersigned Owner hereby grants to the public and the City of Iowa City, a perpetual City service access easement upon, over, under, along, and across the area designated as "Temporary Turn -Around Easement (Off -Site)" on the attached Plat hereafter described as "Easement Area". 1. This Easement 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 above-described 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. 2. The City shall have no responsibility for maintaining the Easement Area. 3. Owner reserves the right to use the Easement Area for purposes which will not interfere with the City's full enjoyment of the rights hereby granted, provided that the Owner shall not erect or construct any building, fence, retaining wall, or other structure, plant any trees, drill or operate any well, or construct any reservoir or other obstruction on said area, or diminish or substantially add to the ground cover over said Easement Area. Any such improvement installed within the Easement Area, with or without City approval, may be removed by the City without compensation or replacement. 4. The Owner hereby covenants that it is lawfully seized and possessed of the real estate described above, and that it has good and lawful right to convey it or any part thereof. 5. The term of this Easement will be until Preston Lane is extended in a southerly direction. 6. This Easement shall inure to the benefit of and bind the successors and assigns of the respective parties hereto. All covenants shall be deemed to apply to and run with the title to the land. 1:� OWNER: The Crossing Development LC Pj sep T. Braverman, Manager of Iowa ) ) ss: Johnson County This instrument acknowledged before me on this day of May, 2016 by Joseph T. Braverman, Manager of The Crossing Development LC. (stamp or seal) o" C.JOSEPH HOLLAND Commission Number 141011 My Commission Expires Ow March 24, 2017 CITY: By Jim Throgmorybn, Mayor Approved by: City Attorney S117hm State of Iowa ) )ss: Johnson County ) 4. ✓ _ Notary publi in and for said State ATTEST: y /l/ars� 7S • 16e- i Mar an K. Karr, City Clerk This instrument acknowledged before me on this day of May, 2016 by Jim Throgmorton and Marian K. Karr, Mayor and City Clerk of Iowa City, Iowa respectively. _ (stamp or seal) Notary public in and for said State KELLIE K. TUTfLE 8; Comr.jj os Number 221819 My 'a Issi nExpIr" ow Y�v OWNER' I THE CROSSING DEVELOPMENT, LC 755 MORMON TREK BOULEVARD P.O. BOX 1907 IOWA CITY. 52246 OWNER'S ATTORNEY: C. JOSEPH HOLLAND 123 NORTH LINN STREET SUITE 300 IOWA CITY, IOWA 52245 ENGINEER: HALL & HALL ENGINEER'S, INC. 1860 BOYSON ROAD HIAWATHA, IOWA 52233 (319)-362-9548 EXHIBIT TEMPORARY TURN -AROUND EASEMENT (OFF-SITE) CARDINAL POINTE WEST - PART ONE IN THE CITY OF IOWA CITY, JOHNSON COUNTY, IOWA 59'15'18"W 55.00' 50 100 150 GRAPHIC SCALE IN FEET SCALE: I"=100' SURVEY LEGEND O SET 1/2” REBAR W/ YELLOW o z PLASTIC CAP NO. 18769 0 • FD. 1/2" REBAR W/ YELLOW v CD PLASTIC CAP NO. 18769 0 UNLESS OTHERWISE NOTED () RECORDED AS -------------- EASEMENT LINE 0 PLAT OR SURVEY BOUNDARY w - - - - 1/4-1/4 SECTION LINE' w — — EXISTING LOT LINE z (CORP) EXISTING CORPORATE LIMITS LINE & LEGAL DESCRIPTION PART OF THE NORTHWEST QUARTER AND PART OF THE NORTHEAST QUARTER AND PART OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 12, TOWNSHIP 79 NORTH, RANGE 7 WEST OF THE 5TH PRINCIPAL MERIDIAN, IOWA CITY, JOHNSON COUNTY, IOWA AND A PART OF AUDITOR'S PARCEL NO. 2012052 AS RECORDED IN BOOK 56, PAGE 379 IN THE OFFICE OF THE JOHNSON COUNTY, IOWA RECORDER DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF LOT 4, CARDINAL POINTE WEST -PART ONE IN THE CITY OF IOWA CITY, JOHNSON COUNTY, IOWA; THENCE S84'54'52"W 94.20 FEET ALONG THE SOUTH LINE OF SAID LOT 4 TO THE POINT OF BEGINNING; THENCE S5'05'08"E 66.00 FEET; THENCE 584'54'52"W 150.00 FEET; THENCE N5'05'08"W 66.00 FEET; THENCE N84'54'52"E 150.00 FEET ALONG A SOUTHERLY LINE OF SAID CARDINAL POINTE WEST -PART ONE AND A WESTERLY EXTENSION THEREOF AND THE SOUTH LINE OF SAID LOT 4 TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 0.23 ACRES, SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. N o z o A o sheet Title' EXHIBIT HALL & HALL ENGINEERS, INC. o`o CD TEMPORARY TURN AROUND EASEMENT L4 p m O b IssO BOYSON ROAD, HIAWATIA, IOWA 533]] ` _P_ C O o JC m p (OFF-SITE) PHONE: (3191]62-9519 FAX(319)362-7595 pJ � u 4 3 S, l Z o CARDINAL POINTE WEST -PART ONE CIVIL ENGINEERING a LANDSCAPE ARCHITECTURE i,^ LA>rD suavErwG OLANDDevELOPrnENr RLANNPJc xellen9.Oomp IN THE CITY OF IOWA CITY, JOHNSON COUNTY, IOWA Designed by. DLK Drawn IS DLK I Checked by. u OFF SITE PEDESTRIAN ACCESS EASEMENT CARDINAL POINTE WEST - PART ONE IOWA CITY, IOWA For the sum of One Dollar and other valuable consideration, the undersigned Owner hereby grants to the public, a perpetual access easement upon, over, along, and across the area designated as "Pedestrian and Water Main Easement (Off -Site)" on Exhibit attached hereto, referred to herein as the "Easement Area." This easement grants to the public a means of pedestrian ingress, egress, and passage over the Easement Area. The City shall have no responsibility for maintaining this Easement Area. The Owner and the Subdivider agree to install a sidewalk within the Easement Area as detailed in the Subdivider's Agreement entered into contemporaneously herewith. The Owner, or an Owners Association created by the Owner, shall and maintain the sidewalk within the Easement Area. Neither Owner nor any benefitted party shall erect or construct any structure, building, fence, reservoir, retaining wall, or other obstruction in the Easement Area, and shall not park motor vehicles in a manner which obstructs the functioning of the easement or otherwise obstruct the functioning of the easement. The Owner hereby covenants that it is lawfully seized and possessed of the real estate described above, and that it has good and lawful right to convey it or any part thereof. This easement shall inure to the benefit of and bind the successors and assigns of the respective parties hereto. All covenants shall be deemed to apply to and run with the title to the land. Dated as of this A� may of May, 2016. OWNER: The Crossing Development LC y: J eph T. Braverman, Manager CITY: 1__�_ / by: Jim Throgmort n, Mayor ATTEST: Marian K. Karr, City Clerk Page 1 of 2 (,v Approved by: City Attorney /�-7 STATE OF IOWA )ss: JOHNSON COUNTY ) / This instrument acknowledged before me this ! day of May, 2016, b averman, Manager of The Crossing Development LC. C. JOSEPH HOLLAND ° Commission Nwnber 141011 My Commission Expires W Maroh24.2017 Notary V4jjlic in and for said State STATE OF IOWA )ss: JOHNSON COUNTY ) This instrument acknowledged before me this )-H-�— day of May, 2016, by Jim Throgmorton and Marian K. Karr, as the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa. Notary Public in and for said State el'kr KELLIE K. TU17LE C°My Co n Number 221819 My Cossl Fires Page 2 of 2 ry i I I I IAT 9 IC35 0.35 AC I C81 C19 1 J/1579'55'17"E 134.73, I � I `I C34 % � I a IAT 10 0.35 AC p N W / S7529'p9.E / � II I 152.3p•J U o) Q oo) I IAT 11 y. % � ! 0.38 AC o b C o bn P '7-S�S2 •pg f 1 ! oo 8 L - `760. H 00 of I of IAT 12 1 ! 0.37 AC I WATER SMAIN 7 S752g,pg" EASEMENT of 160, pp•_ 11� C21 EXHIBIT PEDESTRIAN AND WATER MAIN EASEMENT (OFF-SITE) CARDINAL POINTE WEST - PART ONE IN THE CITY OF IOWA CITY, JOHNSON COUNTY, IOWA 48.02' I LOT 113 0.50 IAC ,h ; SANITARY SEWER OWNER, THE CROSSING DEVELOPMENT, LC 755 MORMON TREK BOULEVARD P.O. BOX 1907 IOWA CITY, 52246 OWNER'S ATTORNEY: J SET 1/2" REBAR W/ YELLOW I PLASTIC CAP NO. 18769 C23 S7537•S3, FD. 1/2" REBAR W/ YELLOW ALONG SAID SOUTH LINE AND THE SOUTH LINE OF LOT 5 IAT 8 C371 N it E n m LOT 8 C2 - RECORDED AS 0.27 AC 0.40 AC PLAT OR SURVEY BOUNDARY - - - - 52533'40"W , - OUTLOT C - EXISTING LOT LINE 10.00' 0.53 AC i rS69b2./BE 525'33'40"E J f'S85*12'44"E 136.19')-• 3 29.29C39/ O m S85'31-31 -E 140.00' OMI, ENGINEERING APZMCH DECAPEPRCHRECNNIN rnIAT 5 O ro LOT 7 7SJ )817 % LOT 4 of 0.29 AC o S1 15. C38/ -% C9/ 3 i S77107' 60. 11 60, 139.75'}.% 22 3'40"W S6 NVgO '50' E r p9k \ \ C3 \ A (c "'4j, N25'33'40�l p 1/2.3 0,25 AC \ ~ 1 4116 N2533'40"E O' ro' n iC41 _ < LOT 2 7477); �1e• 0.22 AC / am SET 1/2" REBAR W/ YELLOW I PLASTIC CAP NO. 18769 C23 S7537•S3, FD. 1/2" REBAR W/ YELLOW ALONG SAID SOUTH LINE AND THE SOUTH LINE OF LOT 5 IAT 8 C371 .x it E 1, yl RECORDED AS 0.27 AC E� 140.0 IC42 PLAT OR SURVEY BOUNDARY - - - - 23 T 3 - EXISTING LOT LINE (CORP) EXISTING CORPORATE LIMITS LINE g3. /� 0LO AC DINT OF f'S85*12'44"E 136.19')-• PHONLY(sDNRCAD )MMUE ``M,Cl 2.7595 PHONE'NGI'NEERING 9I_MDS _NNING O m S85'31-31 -E 140.00' OMI, ENGINEERING APZMCH DECAPEPRCHRECNNIN rnIAT 5 O P. 0'26 AC C36 LOT 4 o N86'6412' IC43 0.22 AC u 43'E 60 00' 79.l37'r - 175-92�-- I 1 1 L 140.00' �. S86'42' 03"W 200.00' 584'54'52"W 138.5 9' O 70'01'23"W R-530.00' 25.31' L=10.00' N86'42'03"E CHORD -53'50'23"E -54.05' CHORD=10.00' 4'30'51"W DELTA= 1'04'52" TANGENT=5.00' PEDESTRIAN AND WATER MAIN EASEMENT (OFF-SITE) 1,502 SQ.FT. 0.03 ACRES y2 20 O� 2 P LEGAL DESCRIPTION r S9'15'18"W 55.00' SO'18'19"E 55.00' 0 50 100 150 200 GRAPHIC SCALE IN FEET SURVEY LEGEND SCALE: 1"=100' O SET 1/2" REBAR W/ YELLOW OF SAID OUTLOT C TO THE POINT OF BEGINNING; THENCE PLASTIC CAP NO. 18769 IOWA CITY, IOWA 52245 FD. 1/2" REBAR W/ YELLOW ALONG SAID SOUTH LINE AND THE SOUTH LINE OF LOT 5 PLASTIC CAP NO. 18769 UNLESS OTHERWISE NOTED () RECORDED AS -------------- EASEMENT LINE LANE; THENCE SOUTHEASTERLY 10.00 FEET ALONG SAID PLAT OR SURVEY BOUNDARY - - - - 1/4-1/4 SECTION LINE - - EXISTING LOT LINE (CORP) EXISTING CORPORATE LIMITS LINE PART OF THE NORTHWEST QUARTER AND PART OF THE NORTHEAST QUARTER AND PART OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 12, TOWNSHIP 79 NORTH, RANGE 7 WEST OF THE 5TH PRINCIPAL MERIDIAN, IOWA CITY, JOHNSON COUNTY, IOWA AND A PART OF AUDITOR'S PARCEL NO. 2012052 AS RECORDED IN BOOK 56, PAGE 379 IN THE OFFICE OF THE JOHNSON COUNTY, IOWA RECORDER DESCRIBED AS FOLLOWS: C. JOSEPH HOLLAND COMMENCING AT THE SOUTHWEST CORNER OF OUTLOT C, CARDINAL POINTE WEST -PART ONE IN 123 NORTH LINN STREET THE CITY OF IOWA CITY, JOHNSON COUNTY, IOWA; THENCE N86'42'03"E 54.05 FEET ALONG THE SUITE 300 SOUTH LINE OF SAID OUTLOT C TO THE POINT OF BEGINNING; THENCE CONTINUING N86'42'03"E IOWA CITY, IOWA 52245 161.74 FEET ALONG SAID SOUTH LINE AND THE SOUTH LINE OF LOT 5 OF SAID CARDINAL POINTE WEST -PART ONE TO THE SOUTHEAST CORNER OF SAID LOT 5 AND THE WESTERLY RIGHT OF WAY ENGINEER: OF PRESTON LANE; THENCE SOUTHEASTERLY 10.00 FEET ALONG SAID WESTERLY RIGHT OF WAY AND THE ARC OF A 530.00 FOOT RADIUS CURVE, CONCAVE EASTERLY (CHORD BEARS 53'50'23"E HALL & HALL 10.00 FEET); THENCE S86'42'03"W 138.59 FEET; THENCE N70'01'23"W 25.31 FEET TO THE POINT OF ENGINEER'S, INC. BEGINNING. (OFF-SITE) PHONLY(sDNRCAD )MMUE ``M,Cl 2.7595 PHONE'NGI'NEERING 9I_MDS 1860 BOYSON ROAD HIAWATHA, IOWA 52233 SAID PARCEL CONTAINS 0.03 ACRES, SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD (319)-362-9548 N v ut ut +I n v o Sheet Title: EXHIBIT HALL & HALL ENGINEERS, INC. PEDESTRIAN AND WATER MAIN EASEMENT -77nC m b ID (OFF-SITE) PHONLY(sDNRCAD )MMUE ``M,Cl 2.7595 PHONE'NGI'NEERING 9I_MDS J O m OMI, ENGINEERING APZMCH DECAPEPRCHRECNNIN O CARDINAL POINTE` WL -•ST - PART ONE _AND SURVEYING eLgNO DEVELOPMEMPLANNING ,wn,. halleeg. mm _AND IN THE CITY OF IOWA CITY, JOHNSON COUNTY, IOWA Designed by.DLK Drawn brDLK Checked by v E V� C/4 bDoe ID: IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII►►I►�I►II0�►0I►�IIIIType: �I►►IGEN ►►III► Kind: PARTIAL RELEASE FeeoAmt: $17.00/2016 Pape St of 1332:12 AM Johnson County Iowa Kim Painter County Recorder BK5510 PG129-131 STATE OF IOWA ) ) SS JOHNSON COUNTY ) I, Marian K. Karr, City Clerk of Iowa City, Iowa, do hereby certify that the Resolution attached hereto is a true and correct copy of Resolution No.16-156 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 17th day of May, 2016, all as the same appears of record in my office. Dated at Iowa City, Iowa, this Zto-� day of li 2016. Mari K. Karr City Clerk fires co omil 1h 410 EAST WASHINGTON STREET • IOWA CITY, IOWA 52240-1826 • (319) 356-5000 • FAX (319) 356-5009 05 4d(13) Prepared by: Sara Hektoen, Asst. City Atty., 410 E. Washington St., Iowa City, IA 52240; (319) 356-5030 RESOLUTION NO. 16-156 RESOLUTION APPROVING THE PARTIAL RELEASE OF A NO -BUILD EASEMENT ON LOT 6, BLOCK 43, IOWA CITY, IOWA. WHEREAS, in conjunction with the Chauncey Swan Parking Lot, the City obtained an 8' wide "no build" easement from the Iowa -Illinois Gas and Electric Company to limit the buildable area on adjacent property west of the parking lot; and WHEREAS, The Chauncey, L.L.C. is now intending to redevelop this adjacent property for a mixed-use building; and WHEREAS, the Building Code requires 10' of separation between the parking structure and the proposed building in order to maintain the existing openings in the parking structure; and WHEREAS, because the parking structure is located 4' from the City's property line, Staff has determined that the Building Code only requires a 6' wide no -build easement on the adjacent property; and WHEREAS, Staff therefore recommends releasing the western 2' from the easement to facilitate redevelopment. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The western 2 feet of that area described as "Permanent 8' Wide 'No Building' Easement" on Exhibit A to the Permanent Easement Agreement Between City of Iowa City and Iowa - Illinois Gas and Electric Company concerning Chauncey Swan Plaza Parking Facility recorded at Book 1676, Page 39, which encumbers a portion of Lot 6, Block 43, Original Town, Iowa City, Iowa, is hereby released from the easement so that it no longer encumbers said western 2 feet. 2. The Mayor and City Clerk are hereby authorized and directed, upon approval by the City Attorney, to execute all legal documents that may be necessary to effectuate this release. 3. The City Clerk is hereby authorized and directed to certify and record this resolution with the Johnson County Recorder at The Chauncey, L.L.C.'s expense. Passed and approved this 17th day of May '2016. 'CORPOTEl MAY Approved by ATTEST: r � s=2 `k - 144110 AA&t vd C _` CI LERK City Attorney's Office 1P Resolution No. 16-156 Page 2 It was moved by Mims and seconded by Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: ABSTAIN: Thomas the x Botchway x Cole x Dickens x Mims x Taylor x Thomas x Throgmorton 1� Doc ID: 026331080011 Type: GEN Kind: RESOLUTION Recorded: 06/14/2016 at 08:17: Fee Amt: $57.00 Pape 1 of 11 Johnson County Iowa Kim Painter County Recorder BK5518 PG545-555 STATE OF IOWA ) ) SS JOHNSON COUNTY ) 19 AM + r 1 iml� FFE fD city Of �,4 C1� I, Marian K. Karr, City Clerk of Iowa City, Iowa, do hereby certify that the Resolution attached hereto is a true and correct copy of Resolution No. 16-189 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 6th day of June, 2016, all as the same appears of record in my office. Dated at Iowa City, Iowa, this q4 -k— day of I L-ALe , 2016. Marian Karr City Clerk fires (09POM N 410 EAST WASHINGTON STREET • IOWA CITY, IOWA 52240-1826 • (319) 356-5000 • FAX (319) 356-5009 JA Prepared by: Eleanor Dilkes, City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 16-189 RESOLUTION APPROVING A PURCHASE AGREEMENT BY AND BETWEEN THE CITY OF IOWA CITY AND ASPEN VENTURES, LLC FOR THE CITY PROPERTY TO THE NORTH OF CITY HALL THAT IS CURRENLTY USED AS A PARKING LOT WHEREAS, the property to the north of City Hall is owned by the City and currently used as a Parking Lot (hereinafter "The Property"); and, WHEREAS, The Property is legally -described as follows: BEGINNING AT THE NORTHEAST CORNER OF LOT 1, BLOCK 44, ORIGINAL TOWN OF IOWA CITY, IOWA, ACCORDING TO THE PLAT RECORDED IN PLAT BOOK 1, PAGE 116 IN THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE; THENCE S00045'22"E, ALONG THE EAST LINE OF SAID LOT 1, AND ITS SOUTHERLY EXTENSION, 160.46 FEET TO CENTERLINE OF THE PLATTED ALLEY; THENCE S89019'44"W, ALONG SAID CENTERLINE, 319.30 FEET TO A POINT ON THE WEST LINE OF SAID BLOCK 44; THENCE N00046'57"W, ALONG SAID WEST LINE, 50.58 FEET TO THE SOUTHWEST CORNER OF THE NORTH 110 FEET OF LOT 4, SAID BLOCK 44; THENCE N89021'01"E, ALONG THE SOUTH LINE OF SAID NORTH 110 FEET OF LOT 4, A DISTANCE OF 79.84 FEET TO THE SOUTHEAST CORNER OF SAID NORTH 110 FEET OF LOT 4; THENCE N00046'56"W, ALONG THE EAST LINE OF SAID LOT 4, A DISTANCE OF 110.00 FEET; THENCE N89021'01"E, ALONG THE NORTH LINE OF LOTS 3, 2 AND 1, A DISTANCE OF 239.53 FEET TO THE POINT OF BEGINNING, CONTAINING 0.98 ACRE (42,477 SQUARE FEET) AND IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD WHEREAS, Aspen Ventures LLC (hereinafter "Aspen Ventures") is the owner of the historic Unitarian Church property at the corner of Iowa Avenue and Gilbert Street; and WHEREAS, Aspen Ventures desires to acquire The Property from the City and develop it as part of the site for multi -family residential housing, office space, a multi -story parking facility, and a fire station for use by the City; and, WHEREAS, Aspen Ventures has offered to purchase The Property for the current appraised value of $3,330,000.00 and The City Manager has signed a Purchase Agreement with Aspen Ventures for said amount, which agreement is attached hereto and contingent on formal City Council approval; and, WHEREAS, said Purchase Agreement is contingent on the execution of a mutually agreeable Development Agreement for the redevelopment of The Property and the Unitarian Church site which, in addition to other mutually -agreeable terms, must include an agreement for design and development of the combined parcels and the acquisition by the City, by a lease purchase agreement in accordance with Section 364.4(4) of the Iowa Code, of the fire station, office space and parking facility to be constructed by Aspen Ventures in accordance with plans and specifications approved by the City; and, WHEREAS, the Purchase Agreement provides that the purchase price may be adjusted by the parties to reflect any public benefits negotiated in connection with the Development Agreement; and, 4A Resolution No. 16-189 Page 2 WHEREAS, on May 17, 2016 the Council passed Resolution No. 16-154 declaring its intent to approve the Purchase Agreement and setting a public hearing and providing for publication of notice thereof; and WHEREAS, notice of the public hearing was published on May 20, 2016 in the Iowa City Press - Citizen as provided by law, and the public hearing was held on June 6, 2016; and, WHEREAS, the Council has determined that the Purchase Agreement is in the best interests of the City and should be approved. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that: The City Council does hereby approve the Purchase Agreement attached hereto for the sale of The Property to Aspen Ventures. 2. The Mayor and City Clerk be and they are hereby authorized and directed to take all such actions and do all such things as they shall determine to be necessary or appropriate to ensure the City's performance as provided in the Purchase Agreement, including the execution of any documents necessary to effectuate the transfer of land in accordance with its terms in a form approved by the City Attorney. 3. The City Clerk is directed to certify and record the resolution at the Developer's expense. It was moved by Dickens and seconded by sotchway the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Botchway X Cole X Dickens X Mims X Taylor X Thomas x Throgmorton Passed and approved this 6th day of June , 2016. (ORPO TER � _�-- i. roved by. i City Attorney's Office ATTEST:9YrVZ--" CITY 'CLERK 71� PURCHASE AGREEMENT BY AND BETWEEN THE CITY OF IOWA CITY AND ASPEN VENTURES LLC This Purchase Agreement by and between the City of Iowa City, hereinafter referred to as "City" and Aspen Ventures LLC, an Iowa limited liability company, hereinafter referred to as "Buyer": WHEREAS, City is the titleholder of Real Estate described as: BEGINNING AT THE NORTHEAST CORNER OF LOT 1, BLOCK 44, ORIGINAL TOWN OF IOWA CITY, IOWA, ACCORDING TO THE PLAT RECORDED IN PLAT BOOK 1, PAGE 116 IN THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE; THENCE S00045'22"E, ALONG THE EAST LINE OF SAID LOT 1, AND ITS SOUTHERLY EXTENSION, 160.46 FEET TO CENTERLINE OF THE PLATTED ALLEY; THENCE S89019'44"W, ALONG SAID CENTERLINE, 319.30 FEET TO A POINT ON THE WEST LINE OF SAID BLOCK 44; THENCE N00046'57"W, ALONG SAID WEST LINE, 50.58 FEET TO THE SOUTHWEST CORNER OF THE NORTH 110 FEET OF LOT 4, SAID BLOCK 44; THENCE N89021'01"E, ALONG THE SOUTH LINE OF SAID NORTH 110 FEET OF LOT 4, A DISTANCE OF 79.84 FEET TO THE SOUTHEAST CORNER OF SAID NORTH 110 FEET OF LOT 4; THENCE N00046'56"W, ALONG THE EAST LINE OF SAID LOT 4, A DISTANCE OF 110.00 FEET; THENCE N89021'01"E, ALONG THE NORTH LINE OF LOTS 3, 2 AND 1, A DISTANCE OF 239.53 FEET TO THE POINT OF BEGINNING, CONTAINING 0.98 ACRE (42,477 SQUARE FEET) AND IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD and WHEREAS, Buyer is the titleholder of Property described as: Lot Four (4) in Block Forty-four (44) in Iowa City, Iowa, according to the recorded plat thereof, except the South Forty (40) feet thereof. and WHEREAS, Buyer intends to develop the Property as part of the site for multi -family residential housing, office space, a multi- story vehicle parking facility, and a fire station for use by the City; and, WHEREAS, to accomplish that development Buyer desires to acquire the Real Estate for City; Page 1 of 8 TA NOW THEREFORE, in light of the mutual consideration exchanged herein, the receipt and sufficiency of which is hereby acknowledged, the parties do hereby agree as follows: 1. REAL ESTATE DESCRIPTION. The Buyer hereby offers to buy and the City by its acceptance agrees to sell the Real Estate(hereinafter the "Real Estate"). The exact legal description for the Real Estate will be verified from Buyer's survey obtained pursuant to Paragraph 7 herein. The Real Estate is being conveyed with any easements and appurtenant servient estates and free from liens or encumbrances, but subject to the following: a. any zoning and other ordinances; b. any covenants of record; c. any easements of record for public utilities, roads and highways designated the Real Estate; provided Buyer, on possession, is permitted to make the following use of the Real Estate: commercial and residential development purposes. 2. PRICE. The purchase price for the Real Estate shall be Three Million Three Hundred Thirty Thousand ($3,330,000.00) equal to the fair market value of the Property as determined by a current appraisal. The purchase price may be adjusted by agreement of the parties to reflect any public benefits arising from the Developer's Agreement provided for in paragraph 5(A) hereof. The purchase price shall be payable as follows: $5,000.00 to be paid as earnest money upon acceptance of this offer, by City's City Manager, delivered to City at the time of the release or waiver of all contingencies herein, and the balance payable in full at the time of closing and transfer of possession. In the event the contingencies of this agreement, hereinafter the "Agreement," are not satisfied or released, the earnest money shall be returned to Buyer. 3. REAL ESTATE TAXES. City shall pay any current real estate taxes and any unpaid real estate taxes payable in prior years. (The Real Estate is City owned and exempt from taxation.) 4. SPECIAL ASSESSMENTS. City shall pay all special assessments which are a lien on the Real Estate as of the date of closing. All other special assessments shall be paid by Buyer. 5. CONTINGENCIES. This Agreement is contingent upon the satisfaction of the following items: A. The execution of a mutually agreeable Developer's Agreement for the redevelopment of the Real Estate, as well as the Buyer's Property adjacent to the Real Estate at the corner of Gilbert Page 2 of 8 9� Street and Iowa Avenue. In addition to other mutually agreeable terms, said Developer's Agreement shall include: (i) agreement by the parties as to the plans for design and development of the combined parcels ("The Project") and the acquisition by the City, by a lease purchase agreement in accordance with section 364.4(4) of the Code of Iowa, of the fire station and office space and a parking deck (ramp) to be constructed by Buyer according to plans and specifications approved by the City, and; (ii) a mutually acceptable agreement for any easements as are necessary to provide utilities to the Real Estate to allow Buyer to construct the improvements in connection with The Project; and B. Buyer obtaining, in cooperation with the City, financing for The Project suitable to the needs of both Buyer and Seller, and acceptable to both, for both the construction period, and long term financing. 6. SURVEY/ SUBDIVISION PLAT. Buyer, at its sole expense, shall have the Real Estate surveyed. The legal description from the survey shall become the description of the Real Estate for purposes of conveyance hereunder. The survey description may be taken from a land survey, auditor's parcel plat or subdivision plat. The parties shall cooperate in obtaining and recording whatever survey or plat may be necessary to convey the Real Estate as provided herein, which survey or plat shall be at Buyer's expense. If the survey shows any encroachments on the Real Estate, such encroachments shall be treated as a title defect. 7. RIGHT OF ACCESS BEFORE CLOSING/ INDEMNIFICATION. Prior to closing on the purchase of the Real Estate, Buyer and its agents may have reasonable access to the Real Estate for survey, soil tests, environmental investigation and other similar activities for the purpose of satisfying the contingencies at paragraph 10 of this Agreement and other obligations of Buyer under this Agreement Buyer shall promptly repair and restore any damage caused by such access. Buyer hereby agrees to indemnify and hold harmless City from any and all expenses, claims, or losses arising from or in connection with any activities of Buyer, its officers, agents, employees, or contractors on the Real Estate prior to the Closing Date, including without limitation, any attorney's fees or court costs occasioned by such claims. Seller shall be contacted prior to any testing or on-site investigation and the date for such testing or on-site investigation agreed upon by the parties. Buyer will use best efforts to minimize any damage or disruption to planted or growing crops. Buyer agrees to repair and pay for any damage to the Property from the inspections, and Page 3 of 8 to hold Seller harmless for the acts or omissions of Buyer or its contractors during the course of such inspections In the event adverse site conditions, including, but not limited to the compaction and load bearing capacity of the soils, buried objects, archaeological remains are discovered on the Real Estate, Buyer's obligation hereunder shall be contingent upon the removal of such materials, substances, conditions or wastes or other resolution of the matter reasonably satisfactory to Buyer. 8. POSSESSION AND CLOSING. Subject to the Buyer's and City's timely performance of all obligations herein, closing shall be held at a time mutually agreed upon by Buyer and City but in any event within sixty (60) days of the satisfaction of all contingencies and prior to January 1, 2017. On and after the Closing Date and upon payment of the Purchase Price, Buyer shall be entitled to immediate possession of the Real Estate. This transaction shall be considered closed upon the delivery of the title transfer documents to Buyer and City's receipt of all funds then due at closing from Buyer under this Agreement. The closing date may be extended by mutual agreement of the parties. The City Manager may agree to an extension of no more than four months without City Council approval. 9. RISK OF LOSS AND INSURANCE. The Real estate shall be preserved in its present condition and delivered intact at the time possession is delivered to Buyer. City shall bear the risk of loss or damage to the Real Estate prior to closing. In the event of substantial damage prior to closing, the Agreement shall be null and void unless otherwise agreed in writing by the Buyer and City. The Real Estate shall be deemed substantially damaged or destroyed if it cannot be restored to its present condition on or before the Closing Date or within 30 days after the intended Closing Date, in which event the closing and transfer of possession shall be reasonably delayed, up to 30 days, in order to allow completion of the repairs and restoration. Until the Closing Date, City agrees to maintain existing insurance coverage on the Real Estate and Buyer may purchase additional insurance. 10. ENVIRONMENTAL MATTERS. City warrants to the best of its knowledge and belief that there are no abandoned wells, solid waste disposal sites, hazardous wastes or substances, or underground storage tanks located on the Real Estate, the Real Estate does not contain levels of radon gas that requires remediation under current governmental standards, and City has done nothing to contaminate the Real Estate with hazardous wastes or substances. City warrants that the Real Estate is not subject to any local, state, or federal judicial or Page 9 of 8 as administrative action, investigation or order, as the case may be, regarding wells, solid waste disposal sites, hazardous wastes or substances, or underground storage tanks. City shall also provide Buyer with a properly executed Groundwater Hazard Statement showing no wells, solid waste disposal sites, hazardous wastes and underground storage tanks on the Real Estate. Buyer may at its expense, within ninety (90) days after the date of acceptance, obtain a report from a qualified engineer or other person qualified to analyze the existence or nature of any hazardous materials, substances, conditions or wastes located on the Real Estate. In the event any hazardous materials, substances, conditions or wastes are discovered on the Real Estate, Buyer's obligation hereunder shall be contingent upon the removal of such materials, substances, conditions or wastes or other resolution of the matter reasonably satisfactory to Buyer. The expense of any inspection shall be paid by Buyer. The expense of any action necessary to remove or otherwise make safe any hazardous material, substance, conditions or waste shall be paid by City. City may choose not to remove or otherwise make safe said conditions and declare this Agreement null and void. 11. USE OF PURCHASE PRICE. At time of settlement, funds of the purchase price may be used to pay taxes and other liens and to acquire outstanding interests, if any, of others. 12. ABSTRACT AND TITLE. City, at its expense, shall obtain an abstract of title prior to closing to the Real Estate continued to a date no less than 30 days prior to closing, and deliver it to Buyers for examination. It shall show merchantable title in City in conformity with this agreement, Iowa law and Title Standards of the Iowa State Bar Association. The abstract shall become the property of the Buyers when the purchase price is paid in full. City shall pay the costs of any additional abstracting and title work due to any act or omission of City, including transfers by or the death of City or their assignees. 13. DEED. Upon payment of the purchase price, City shall convey the Real Estate to Buyer or its assignees, by Warranty Deed, free and clear of all liens, restrictions, and encumbrances except as provided in Paragraph 1 above. Any general warranties of title shall extend only to the time of acceptance of this offer, with special warranties as to acts of City continuing up to time of delivery of the deed. 14. CARE AND MAINTENANCE. The Real Estate shall be preserved in its present condition and delivered intact at the time possession is delivered to Buyers, provided, however, if there is loss or destruction Page 5 of 8 1A of all or any part of the Real Estate from causes covered by the insurance maintained by City, Buyers agree to accept such damaged or destroyed Real Estate together with such insurance proceeds in lieu of the Real Estate in its present condition and City shall not be required to repair or replace same. 15. TIME IS OF THE ESSENCE. Time is of the essence in this contract. 16. REMEDIES OF THE PARTIES. If Buyer fails to timely perform this contract, City may forfeit it as provided in the Iowa Code, and the earnest money shall be forfeited If City fails to timely perform this contract, Buyer has the right to have all payments made returned to them. Buyer and City also are entitled to utilize any and all other remedies or actions at law or in equity available to them and shall be entitled to obtain judgment for costs and attorney fees as permitted by law. 17. CONTRACT BINDING ON SUCCESSORS IN INTEREST. This contract shall apply to and bind the successors in interest of the parties. 18. CONSTRUCTION. Words and phrases shall be construed as in the singular or plural number, and as masculine, feminine or neuter gender, according to the context. 19. CERTIFICATION. Buyers and City each certify that they are not acting, directly or indirectly, for or on behalf of any person, group, entity or nation named by any Executive Order or the United States Treasury Department as a terrorist, "Specially Designated National and Blocked Person" or any other banned or blocked person, entity, nation or transaction pursuant to any law, order, rule or regulation that is enforced or administered by the Office of Foreign Assets Control; and are not engaged in this transaction, directly or indirectly on behalf of, any such person, group, entity or nation. Each party hereby agrees to defend, indemnify and hold harmless the other party from and against any and all claims, damages, losses, risks, liabilities and expenses (including attorney's fees and costs) arising from or related to my breach of the foregoing certification. 20. INSPECTION OF PRIVATE SEWAGE DISPOSAL SYSTEM. City represents and warrants to Buyer that the Property is not served by a private sewage disposal system, and there are no known private sewage disposal systems on the property. Page 6 of 8 aA 21. DISCLOSURES. City acknowledges that one or more of the members of the Buyer is a licensed Real Estate Agent. 22. GENERAL PROVISIONS. In the performance of each part of this Agreement, time shall be of the essence. Failure to promptly assert rights herein shall not, however, be a waiver of such rights or a waiver of any existing or subsequent default. This Agreement shall apply to and bind the successors in interest of the parties. This Agreement shall survive the closing. This Agreement contains the entire agreement of the parties and shall not be amended except by a written instrument duly signed by City and Buyer. Paragraph headings are for convenience of reference and shall not limit or affect the meaning of the Agreement. This Agreement shall be construed and interpreted in accordance with the laws of the State of Iowa. 23. NOTICE. Any notice required under this Agreement shall be deemed perfected when it is received in writing either by personal delivery or upon the date of the posting of said notice by Certified Mail. Such notices to City shall be sent or delivered to City of Iowa City, Attn. City Manager, 410 E. Washington St., Iowa City, Iowa 52240. Such notices to Buyer shall be sent or delivered to Aspen Ventures LLC, c/o Jesse Allen, P.O. Box 3474, Iowa City, IA 52244 with a copy to C. Joseph Holland, 123 N. Linn St., Suite 300, Iowa City, IA 52245. 24. IOWA CITY COUNCIL APPROVAL. City's obligations under this Agreement are contingent upon formal approval by the City Council for Iowa City, pursuant to Section 364.7 and Chapter 403 of the Code of Iowa. City shall seek said approval promptly after acceptance of execution of this Agreement by the City Manager on behalf of the City. If this Agreement is not approved by the City Council for Iowa City within sixty (60) clays after acceptance by the City Manager, this Agreement shall be null and void and all earnest money shall be returned to the Buyer. 25. TIME FOR ACCEPTANCE. If this Offer is not accepted by the City Manager or his designee on behalf of the City on or before 5:00 P.M. on Wednesday, May 4, 2016, it shall become null and void and all payments shall be repaid to the Buyers. This Offer is presented to the City on the --1 day of May, 2016. ASPEN VENTURES LLC Page 7 of 8 a� By: Jesse Allen, Manager CITY OF IOWA CITY, IOWA By: off Fruin Acting City Manager Page 8 of 8 JA Prepared by Sarah Walz, Associate Planner, 410 E. Washington, Iowa City DECISION IOWA CITY BOARD OF ADJUSTMENT WEDNESDAY, APRIL 13, 2016 EMMA J. HARVAT HALL 111111111 Ell 11111111111111111111 IN Doc ID: 026340830006 Type: GEN Kind: DECISION Recorded: 06/20/2016 at 02:08:27 PM IA 52240; Fee Amt: $32.00 Pape 1 of 6 Johnson County Iowa Kim Painter County Recorder BK5522 PG72 L6-731 ('� MEMBERS PRESENT: Larry Baker, T. Gene Chrischilles, Connie Goeb, Tim Weitzel o MEMBERS ABSENT: Becky Soglin STAFF PRESENT: Sue Dulek, Sarah Walz OTHERS PRESENT: Brian Flynn, Pat Barton, Aaron Doubet SPECIAL EXCEPTION ITEMS: - rn EXC16-00002: Discussion of an application for a special exception submitted on behalf of Joe's Place to allow a Rooftop Service Area for property located in the Central Business District (CB - 10) zone at 115 and 117 Iowa Avenue. The Board concludes that the Rooftop Service Area (RSA) will meet all building and fire code requirements and be ADA compliant based on the following findings: • The proposed plan for the RSA is designed to be ADA compliant with elevator access and accessible restrooms. • The site plan provided by the applicant indicates two means of access to the service area—an interior stairwell and elevator. An accessible route between the first floor front entrance and the elevator must be verified through the building permit and inspection process. Likewise an accessible route from the elevator to second floor restrooms and bar will be required. • The exterior staircase, located at the back of the building, is intended for emergency egress only. The exterior staircase exits at the ground level just outside the fenced beer garden, behind the ground floor level of 119 Iowa Avenue. The plan indicates a gated door with crash bar for exit only. • An additional stairway access from the enclosed area at the northwest side of 115 Iowa Avenue—will be secured and is for access to the business office, which is located at the front of the second story portion of the building overlooking Iowa Avenue. This stairwell could be used as additional emergency egress. The Board concludes that the RSA shall be designed in an attractive manner that will not detract from adjacent uses, and will prevent nuisance and safety issues based on the following findings: • The site plan provided by the applicant shows the layout of the proposed RSA to be located atop a wooden deck on the rooftop of the 1 -story portion of the buildings at 115 and 117 Iowa Avenue. • The outdoor seating area will be set back more than 45 feet from the front of the building (on Iowa Avenue) and partially screened by existing or proposed extensions of the second floor structure that houses the restrooms and stairwell. r� • Along the remaining portion of the north perimeter and the east perimeter, the outdoor service area will be screened by 5 -foot high solid panels mounted to the top of a low parapet wall (approx.1.5 feet in height). Along the south perimeter a 10 -foot portion of the RSA is screened by the elevator shaft. Along the west perimeter the RSA faces a solid masonry wall. • Along the remaining perimeter area, railings 4 feet in height will prevent customers from falling or entering onto other rooftop areas or adjacent structures. • The site plan indicates a "canopy" covering a portion of the seating area. The structure is precluded by code from having a solid rooftop—as that would be considered a horizontal expansion of the non -conforming Drinking Establishment. The applicant has indicated that he is contemplating a pergola type, open roof structure. The Board concludes that the RSA will be located directly above the use to which it is accessory and there are no other uses located on floors in between the RSA and the use to which it is accessory based on the following findings: • As shown in the site plan, the second floor interior floor area will be used for bathrooms, elevator and stairwell, and the bar service area only. • All customer areas are exterior to the second story structure. No solid roof may be permitted above the bar area as this would constitute a horizontal expansion. The Board concludes that the RSA will be set back from adjacent upper floor uses and the edge of the roof and screened and completely enclosed within a decorative fence or wall built of high quality, durable materials based on the following findings: • The proposed RSA is set back more than 40 feet from the front of the building and screened from view of Iowa Avenue by the existing second story structure and 5 -foot perforated metal panels. • The nearest second story use is located approximately 21'5" east of the RSA (the Basta building at 121 Iowa Avenue). Panels, 5 -feet in height, will be mounted atop a 1.5 foot parapet wall to screen views to the apartment windows. To the west, the RSA faces a solid brick wall on the nearest second story of an adjacent building. • The portion of the outdoor seating area located above 115 Iowa Avenue is set back approximately 30 feet from the rear of the building, which faces onto a private alley. The Board finds that a lighting plan has not been submitted, but is a required element of for the building permit and must be reviewed and approved as part of the building permit process. In order to meet the City's lighting standard, any lights must be downcast and shielded so that light is only directed into the RSA and not outward toward adjacent properties and the lights must be turned off when the RSA is not in operation. 0 The Board finds that no signs are being proposed for the RSA and thus none areperofted. The Board concludes that there is a management plan in place. The Board find.EE that the applicant's submitted management plan indicates the following: v o, • Hours of operation from 3 PM to 2 AM with no amplified sound after midijight. (-rhe applicant indicated verbally, that the RSA may occasionally open early-fdr events such as football Saturdays and the Board was agreeable to this.) • All customers will be carded at entry into the bar. • All customers will only be able to access the roof area from the interior stair [or elevator] • At least two to eight employees will staff the upper bar at all times. • A floating crowd control manager will be monitoring entire bar. To ensure the RSA is managed appropriately over time the Board concluded that it was appropriate to reiterate, as a condition of approval, the criterion language from Zoning Code language condition that states "if nuisance or safety issues arise, the City may require immediate changes to the management plan and/or the number of monitors to remedy the situation and reserves the right to suspend or revoke the [O]SA permit." This makes clear to the applicant and any future owner, that if the OSA is not managed in an appropriate manner that changes may be required, up to and including revocation of the OSA permit allowing the use. The Board finds that the property does not abut any residential property or any property that includes residential uses on the second floor and there is no public alley adjacent to the property. The Board finds that the subject property is not located within 300 feet of a residential zone—the nearest residential zone being located east of Jefferson Street, approximately 500 feet away. The Board finds that food service is provided as described in the management plan. Food service will be concession style; there is no kitchen indicated in the plans, and a kitchen is not required for the food being served. The Board concludes that the design of the RSA will minimize the carry of noise across property boundaries based on the following findings: • As noted above, portions of the north and east perimeters of the RSA are screened from adjacent second floor uses by portions of the second floor structure or 5 -foot high panels. • The applicant has provided a Sound Mitigation Plan indicating the locations at which speakers will be installed. Speakers will be angled downward and directed away from nearby second floor uses to minimize sound escape. The sound system will not have any subwoofers and will be on an automated system that adjusts automatically and turns off at midnight. • As noted in the Sound Mitigation Plan, the speaker system will need to be adapted to the building materials used --in this case the metal panel screens and open ceiling (no solid roof). The applicant has indicated willingness to provide additional acoustical materials behind the screen wall if necessary. • Live entertainment using amplified sound is prohibited.. o a, The Board finds that amplified sound is permitted by an annual temporary' use_ permit.' A temporary use permit may be denied or rescinded at the discretion of the City if noise becomes a nuisance or terms of the temporary use permit or the special exception_ conditioris are violated. Live entertainment using amplified sound is prohibited. {" The Board concludes that the specific proposed exception will not be detrimental too r endanger the public health, safety, comfort or general welfare based on the following findings: _2 `�; • The RSA must meet all building and fire code requirements and be ADA compliant. • As shown in the site plan, the RSA will be setback more than 40 feet from the street. The outdoor area will be surrounded by a combination of the 5 -foot high metal panels or 4 - foot high railing to prevent occupants from accessing other rooftop areas. • Access to the rooftop is from an interior stairwell and elevator. All customers must present ID before entering the bar. The exterior stairwell at the rear of the RSA is for emergency exit only and is secured to allow exit only. • The applicant has provided a management plan that indicates that 2-8 staff will be present on the rooftop at a time. Additional support will be provided by a floating crowd control manager who oversees the entire bar. • While staff is not aware of any proposed heat sources being proposed at this time, heat sources will be required to meet Fire Code and Building Code, and will be inspected. The Board concludes that the specific proposed exception will not be injurious to the use and enjoyment of other property in the immediate vicinity and will not substantially diminish or impair property values in the neighborhood based on the following findings: • The site plan provided by the applicant shows the service area set back more than 40 feet from the front of the building (on Iowa Avenue) and partially screened by existing or proposed extensions of the second floor structure that houses the restrooms and stairwell. Where not screened by the building itself, the RSA will be screened by 5 -foot high perforated metal panels. • Along the east side of the outdoor service area, 5 -foot high perforated metal panels mounted to the top of a low parapet wall (approx.1.5 feet in height) will screen the use from nearby second story uses at 121 Iowa Avenue.. Along its south end, a portion of the RSA it is screened by the elevator shaft. Along the west side the property the RSA is screened by a solid brick wall—there are no upper story windows on the building to the west. • Railings 4 feet in height will prevent occupants from entering onto portions of a lower rooftop that includes HVAC equipment. • Amplified sound is allowed by temporary use permit only and may not extend beyond midnight. Live entertainment using amplified sound is prohibited. The Board concludes that the establishment of the specific proposed exception will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the zone in which such property is located based on the following findings: • The subject property is located in the Downtown District and is zoned Central Business District (CB -10) zoning, which is intended to allow for a high density mixed use development and entertainment area in Iowa City. • Rooftop Service Areas were added as an allowed use in the zone in ord&to create more diverse seasonal opportunities, similar to sidewalk cafes. a The Board concludes that the application is consistent with the Comprehensive Plan, "a s amended based on the following findings: • The Downtown District and CB -10 zone are intended to provide high-dens.(ty, compact development with a mix of uses. One goal of the Comprehensive Plan is Lgmaintain a strong and accessible Downtown with a strong and distinctive cultural, commercial, and residential character. • The Comprehensive Plan encourages investment in the Downtown to ensure its place as the center of arts, culture, entertainment, commercial and civic activity for the city and the metro area. • The Riverfront Crossings Master Plan calls for maintaining Downtown Iowa City as the focal point of the region, encouraging a variety of uses and activities within the Downtown core. • As Iowa City's population grows along with the University population, new or unique entertainment venues help to maintain Downtown Iowa City as a center of entertainment. • The recent success of rooftop areas, such as that at 30 -Hop in Coralville's Iowa River Landing, demonstrate that RSAs, much like sidewalk cafes, can add vibrancy to a mixed use area. DISPOSITION: By a vote of 3-1 (Chrischilles voting no; Soglin absent) the Board approved EXC16-00002, a special exception to allow at Rooftop Service Area in the Central Business (CB -10) zone located above 115 and 117 Iowa Avenue subject to the following conditions: • Substantial compliance with the site plan submitted. • No solid roof shall be constructed over any portion of the outdoor service area. • Amplified sound is allowed by temporary use permit only. • A lighting plan must be in compliance with the Zoning Ordinance and approved by the Building Official prior to issuance of a building permit. • Handicapped accessible routes must be maintained between the front entrance and elevator, between the elevator and second floor restrooms, and between the elevator and the RSA. • Substantial compliance with the management plan, requiring no fewer than 2 employees present on the rooftop at all times, and one crowd control manager for the entire bar/business. • If nuisance or safety issues arise, the City may require immediate changes to the management plan and/or the number of monitors to remedy the situation and may suspend or revoke the Outdoor Service Area permit. • Food service must be provided during all hours of operation. 6 r.. rn z; P).5 TIME LIMITATIONS: All orders of the Board, which do not set a specific time limitation on Applicant action, shall expire six (6) months from the date they were filed with the City Clerk, unless the Applicant shall have taken action within such time period to establish the use or construct the improvement authorized under the terms of the Board's decision. City Code Section 14-8C-1 E, City of Iowa City, Iowa. STATE OF IOWA JOHNSON COUNTY Approved by: City Attorney's Office I, Marian Karr, City Clerk of the City of Iowa City, do hereby certify that the Board of Adjustment Decision herein is a true and correct copy of the Decision that was passed by the Board of Adjustment of Iowa City, Iowa, at its regular meeting on the 13'" day of April, 2016, as the same appears of record in my Office. Dated at Iowa City, this LJ o day of J .t v�-Q , 20 -L -Le .�000yJ Mar n K. Karr, 'City Clerk , ME 1� 10 l-. A _ W 1� Prepared by Sarah Watz, Associate Renner, 410 E Washington, low City, IA 52240; 319/356-5230: DECISION IOWA CITY BOARD OF ADJUSTMENT Plt' 3 WEDNESDAY, June 15, 2016 EMMA J. HARVAT HALL I MEMBERS PRESENT: Larry Baker, Becky Soglin, Connie Goeb, Tim Weitzel MEMBERS ABSENT: T. Gene Chrischilles STAFF PRESENT: Sue Dulek, Sarah Walz OTHERS PRESENT: Thomas McInerney, Justin Matiyabo, Katie Sturgell, Sue Benton, Mike Benton, Binua Matiyabo, Anthony Smith SPECIAL EXCEPTION ITEMS: 1. EXC16-00003: Discussion of an application for a special exception submitted on behalf of the King of Glory Church to allow expansion of an existing daycare center located in the Low Density Single -Family (RS -5) zone at 2024 G Street and 931 Third Avenue to allow up to 64 children. The Board primarily concluded that the applicant had not satisfied general criterion #2 that the proposed exception to increase the number of children served by the daycare to 64 would not be injurious to the use and enjoyment of other property in the immediate vicinity based on testimony from 3 neighborhood residents and one letter from a neighboring property owner that the noise associated with the current play area had diminished their enjoyment and would increase substantially with the proposed expansion. The Board found that the constrained size of the site and the arrangement of buildings and parking area, limited the opportunity for the applicant to operate a daycare for more than 60 children in a manner that would not detract from the single-family zone in which the property is located. The Board additionally concluded that the applicant had not satisfied general criterion #1 that the proposed increase in children served at the site would not be detrimental to the public health, safety, and general welfare based on the location of the proposed outdoor play area along Muscatine Avenue, a busy arterial street, which raised safety concerns that were underscored by the testimony of one of the neighbors regarding lack of supervision of the existing play area. DISPOSITION: By a vote of 0-4 (Chrischilles absent) the Board denied the EXC16-00004, a special exception submitted on behalf of the King of Glory Church to allow expansion of an existing daycare center located in the Low Density Single -Family (RS -5) zone at 2024 G Street and 931 Third Avenue to allow up to 64 children. 2. EXC16-00004: Discussion of an application submitted on behalf of Little Creations Academy to allow the establishment of a daycare center for up to 42 children in the Low Density Single -Family (RS -5) zone at 2929 East Court Street. The Board finds that the proposed daycare will be located church building with an at -grade entrance from the parking a at the lower level of the FEE 'ea on Raven Street. The IIIIIIIIIIIIIIIIIVIIIVIIIVIIIVIIIVIIIVIIIIMIVIIIVIIIVIIIIIIIIIIIIIIII Doc ID: 026368140004 Type: GEN Kind: DECISION Recorded: 07/12/2016 at 09:09:01 AM Fee Amt: $22.00 Pape 1 of 4 Johnson county Iowa Kim Painter County Recorder 13K5534p(;255-258 qP j 1 Board finds that a daycare center for 42 children requires a minimUm'floor area of 1,470 square feet—based on the submitted floor plan, tf7� interior area proposed for the daycare consists of more than 2,000 square feet. �jb �� . -u P.1 � , The Board finds that the proposed outdoor play area is located on the, southeast of the church building and consists of approximately 3,000 square feet of outdoor play space, which is adequate space to allow up to 30 children to use the play area at a'given time. The Board concludes that the daycare use will provide a drop off/pick up area in a location that is convenient to or has good pedestrian access to the entrance to the facility and that traffic will not stack into adjacent streets or other public rights-of-way based on the following findings: • Vehicle access to the parking area is provided via 2 existing curb cuts from Raven Street. • The State of Iowa requires daycare operators to provide a minimum number of caregivers based on the ages of the children in its care. The proposed daycare will provide services for infants and children up to five years of age. With 42 children, the daycare would be required to provide no more than 15 parking spaces + 3 stacking spaces. • The parking area provides more than 40 parking spaces with additional space for cars to stack along the aisle. • Given the size and configuration of the lot, cars are unlikely to back into the street and there is adequate space to turn around in the parking area. • Two sidewalks connect the main entrance to the daycare center to the adjacent public right-of-way. The Board finds that because the proposed use is located in a Residential Zone it therefore must comply with the Multi -Family Site Development Standards as set forth in Section 14-2B-6, which require a 10 -foot setback be provided from the property line and landscape screening between the parking area and the street and along any portion of the lot that faces a residential property line. The Board finds that the existing parking lot is established facing onto Raven Street. Setbacks between the parking lot and the street right-of-way are approximately 5 feet—less than the 10 -foot requirement. The Board concludes that, because the daycare will generate additional use of the non- conforming parking area throughout the week (more cars and more parking), that the following improvements to the parking area will bring the property into closer compliance with the zoning code: • Expanding the current setback from the public sidewalk to 10 -feet and installing low landscape screening (S2) between the sidewalk and the parking area as required by code. • Installing 2 to 3 small trees in the area along the west side of the parking area will screen parking area from adjacent residential properties to the west. • Providing the minimum bicycle parking required. Based on the findings above regarding pedestrian access and vehicle parking and circulation the Board concludes that the proposed exception will not be detrimental to or endanger the public health, safety, comfort or general welfare. .l� 11 The Board concludes that the specific proposed exception will not be injurious 6 -the use and enjoyment of other property in the immediate vicinity; will not substantially diminish or impair property values in the neighborhood; and that establiW6 eWof grecs ecif proposed exception will not impede the normal and orderly development an'%l improvement of the surrounding property for uses permitted in the zone in:which'such property is located based on the findings above regarding the setbiacand;s6reening,of the parking area and subject to locating the play area 15-20 feet south of the adjacent residential dwelling and providing a 6 -foot privacy fence along the north and east sides of the play area. The Board concludes that screening and setbacks will reduce views of the parking area and the privacy fence and bushes along the play area will create a buffer between the active outdoor area and the adjacent residential properties to the east. In addition, by limiting the hours of operation to 6:30 AM — 6:00 PM, Monday through Friday, the Board concludes that the property will operate in a manner that is not out of character with the residential zone in which it is located. The Board finds that all utilities, access roads, drainage and other facilities are in place to serve this property. The Board concludes that adequate measures have been or will be taken to provide ingress or egress designed so as to minimize traffic congestion on public streets based on the following findings: • Access to the parking area is via two curb cuts onto Raven Street, a low-volume residential street. • The minimum parking requirement for daycare for 42 children will be no more than 15 spaces. The church parking area provides more than 40 spaces with ample space to stack along the parking aisles. • Given the size and configuration of the parking area, vehicles should be able to circulate within the lot without creating congestion on the public street. The Board concludes that, except for the specific regulations and standards applicable to the exception being considered, the specific proposed exception, in all other respects, conforms to the applicable regulations or standards of the zone in which it is to be located. As noted above, the parking area does not comply with the code requirement for setbacks and screening. Requiring the standard 10 -foot setback and screening along Raven Street and planting 2-3 low trees along the west border of the parking area will bring the parking area closer to compliance with the zoning standard. Additional parking spaces may be created by restriping to establish compact spaces. The Board finds that the proposed use is consistent with the Comprehensive Plan, which encourages the location of civic uses such as churches, daycares, and schools within residential neighborhoods. The Central District Plan encourages the development of businesses, institutions, and public entities that provide services and amenities that support healthy neighborhoods. DISPOSITION: By a vote of 4-0 (Chrischilles absent) the Board approved EXC16-00004, a special exception to allow the establishment of a daycare center for up to 42 children on property location in the Low Density Single -Family (RS -5) zone at 2929=E: Court Street subject to the following conditions: • Substantial compliance with the site plan submi IvJii soibePrrr od' ic"aiion to the play area location, shifting the northern boundary south .15-20 feet to allow greater separation between the daycare use and the adjacent residence to the east. • Hours of operation shall be limited to 6:30 AM until 6:00 PM, Monday through Friday. • Retain the shrubs along the east side of the outdoor play area and install a 6 -foot solid fence along the north and east side of the play area. • Establish the required 10 -foot setback between the parking area and sidewalk on Raven Street and install low (S2) shrub screening as reauired by code. • Install 2-3 small trees along the west side of the parking lot to serve as screening for the parking area. • Establish required bicycle parking. • A building permit is required in order to establish the use. TIME LIMITATIONS: All orders of the Board, which do not set a specific time limitation on Applicant action, shall expire six (6) months from the date they were filed with the City Clerk, unless the Applicant shall have taken action within such time period to establish the use or construct the improvement authorized under the terms of the Board's decision. City Code Section 14-8C-1 E, City of Iowa City, Iowa. Approved by: //Carry Baker irp rson �i City Attorney's Office STATE OF IOWA JOHNSON COUNTY I, Marian Karr, City Clerk of the City of Iowa City, do hereby certify that the Board of Adjustment Decision herein is a true and correct copy of the Decision that was passed by the Board of Adjustment of Iowa City, Iowa, at its regular meeting on the 15th day of June, 2Q16, as the same appears of record in my Office. ,oaea�a,, • Seo H.1 4y . Dated at Iowa City, this G day of11 20 /G.. F, — �i– Gl�«1 �C • T 1�l�fil� Mar n K. Karr CORPO E R Prepared by Sarah Walz, Associate Planner, 410 E. Washington, Iowa City, IA 52240; 319/356-5230 DECISION IOWA CITY BOARD OF ADJUSTMENT WEDNESDAY, JULY13, 2016 EMMA J. HARVAT HALL Doc ID: 026396030003 Type: GEN Kind: DECISION Recorded: 06/04/2016 at 02:48:33 PM Fee Amt: $17.00 Page 1 of 3 Johnson County Iowa Kim Painter County Recorder BK5545 PG621-623 MEMBERS PRESENT: Becky Soglin, Connie Goeb, T. Gene Chrischilles, Tim Weitzel, and Larry Baker MEMBERS ABSENT: None. STAFF PRESENT:Sue Dulek, Karen Howard OTHERS PRESENT: Pat McArtor SPECIAL EXCEPTION ITEMS: EXC16-000005: A public hearing regarding a special exception submitted by Pat McArtor to allow a reduction in the required rear principal building setback from 20 feet to 10 feet to allow a one-story, 20'x 10' foot home addition for property located at 1031 East Market Street. The Board concludes that the situation is peculiar to the property and there is practical difficulty complying with the setback requirements, based on the following findings: • The subject property is a small, nearly square corner lot 65'x 70' (4,550 square feet). • The existing house is set to the back of the lot, close to both interior (side and rear) lot lines, with a deeper front setback than most homes in the neighborhood. • Because the property is located on a corner, the "rear" property line serves as the side lot line for the adjacent property to the south (121 Clapp Street). The Board concludes that the special exception will not be contrary to the purpose of the setback regulations, based on the following findings: • The proposed addition would maintain a 10 -foot rear setback from the abutting property to the south. The principal building on the adjacent property to the south (at 121 Clapp Street) is set approximately 9 feet from shared property line. The minimum side setback requirement is 5 feet and so this preserves adequate space for fire separation and firefighting. • A condition that only clerestory windows will be used on the south wall of the addition in order to preserve the privacy of the adjacent property. • Properties on the Clapp Street frontage are characterized by small lots and most have non -conforming setbacks. • Likewise, within the neighborhood, homes fronting on the north -south sicWstreets tend to be located on small lots and many have non-standard setbacks._ The Board concludes that any potential negative effects resulting from the setback e'Qxcepton- are mitigated to the extent practical based on the following findings: _' w • Clerestory windows will be used on the south wall of the addition, which will help to preserve privacy on the adjacent lot and its rear yard. • A condition that no other structures, besides the garage, will be located within the rear yard and no additional paving will be permitted between the house and the rear property line, will preserve permeable open space on the property. This will require removal of a wooden deck and a shed that is located in the southwest comer of the property. The existing brick patio between the house and the garage could remain along with a privacy fence located at or near the property line. With the removal of the shed and the deck there will be no net loss in permeable yard space when the addition is built. The proposed addition will be located 13 feet from the west property line (this area requires a minimum 5 -foot side setback) and 10 feet from the south property line. The Board concludes that the specific proposed exception will not be detrimental to or endanger the public health, safety, comfort or general welfare based on the findings above with regard to meeting the purpose of the building setback requirements. The proposed addition will meet all other requirements of the zone, so will not endanger the health, safety, comfort, or general welfare. The Board concludes that the specific proposed exception will not be injurious to the use and enjoyment of other property in the immediate vicinity; will not substantially diminish or impair property values in the neighborhood; and will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the zone in which such property is located based on the following findings: • The proposed addition will not prevent use or enjoyment of the adjacent properties as the clerestory windows and privacy fence will preserve privacy between the small yard spaces generally present in this neighborhood. • The small one-story addition will replace an existing portion of the home, so will not add significantly to the building size. • With the condition that the the deck and the storage shed will be removed, , there will be no net loss in permeable yard space. • The neighborhood is fully built out in a traditional urban neighborhood pattern, with homes closely spaced on relatively small lots. This small addition will be an improvement to the subject home, adding dining room space, and will not prevent investment or improvement to other homes in the neighborhood. The Board concludes that all utilities, access roads, drainage and facilities are established for this neighborhood. 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 basegl�pn the following findings: „ • The proposed addition will be in compliance with the required side setback of 5 feet from the west property line. • It will comply with all other standards in the zoning code. v w 20 The Board concludes that, while the Comprehensive Plan does not speak directly to this situation, the plan does encourage reinvestment in existing housing stock. Disoostion: By a vote of 3-2 the Board approves the special exception to allow a reduction in the required rear principal building setback from 20 feet to 10 feet to allow a one-story, 20'x 10' foot home addition for property located at 1031 East Market Street, subject to the following conditions: • Substantial compliance with the site plan submitted. • Only clerestory windows are allowed on the south -facing wall of the addition. • No other structures may be located within the rear yard except for the privacy fence and existing garage. The existing deck and storage shed must be removed. • No additional paving or impervious surface may be established between the house and the rear property line. (The existing patio between the house and garage may remain in its current location as shown on the site plan.) TIME LIMITATIONS: All orders of the Board, which do not set a specific time limitation on Applicant action, shall expire six (6) months from the date they were filed with the City Clerk, unless the Applicant shall have taken action within such time period to establish the use or construct the improvement authorized under the terms of the Board's decision. City Code Section 14-8C-1 I, City of Iowa City, Iowa. Approved by: a Baker, Chair , c City Attorney's Office STATE OF IOWA JOHNSON COUNTY I, Marian Karr, City Clerk of the City of Iowa City, do hereby certify that the Board of Adjustment Decision herein is a true and correct copy of the Decision that was passed by the Board of Adjustment of Iowa City, Iowa, at its regular meeting on the 13'" day of July, as the same appears of record in my Office. Dated at Iowa City, this 13 day of toy 20:;- N _ O Mahan K. Karr, City Clerk ; ro Doc ID: 026411450007 Type: GEN Kind: EASEMENT Recorded: 08/19/2016 at 11:14:44 AM Fee Amt: $37.00 Pape 1 of 7 Johnson County Iowa Kim Painter County Recorder BK5552 PG421-427 Prepared by: Patrick J. Ford, 222 S. Linn St., Iowa City, IA 52240; (319)338-7551 TEMPORARY CONSTRUCTION EASEMENT AGREEMENT BETWEEN THE CITY OF IOWA CITY, IOWA AND THE CHAUNCEY, L.L.C. FOR THE USE OF THE CHAUNCEY SWAN PARK FOR CONSTRUCTION OF A GEOTHERMAL TEST WELL This Agreement is made by and between The Chauncey, L.L.C., hereinafter "Redeveloper" and the City of Iowa City, Iowa, a municipal corporation, hereinafter referred to as "the City." WHEREAS, The City is the fee owner of certain real estate addressed as 406 E. College Street, Iowa City, Iowa, and legally described as follows: Lot 5, the West 30 feet of Lot 6, and the West 160 feet of the 20 foot wide alley, all in Block 43, Original Town of Iowa City, Iowa, according to the recorded plat thereof ("Redevelopment Property"); and WHEREAS, Redeveloper desires to develop the Redevelopment Property with an in -fill construction project informally called "The Chauncey" adjacent to the Chauncey Swan Park, in Iowa City; and WHEREAS, Redeveloper desires to drill one geothermal vertical test well ("Test Well") generally located in the southwest quadrant of Chauncey Swan Park, and to conduct a conductivity test thereon; and WHEREAS, Redeveloper has made application for a Private Water Well Construction Permit and the City requires this temporary construction easement prior to recommending approval of the Private Water Well Construction Permit Application; and WHEREAS, the drilling of the Test Well will necessitate the use of public property in order to facilitate the safe execution q of said construction and to secure the construction site from pedestrian traffic to assure safe passage of such traffic in the area; and WHEREAS, Redeveloper has requested the City permit the temporary use and closure of the certain portions of the City - owned Chauncey Swan Park and adjacent alley, all as shown on Exhibit A, attached hereto and incorporated herein by this reference; and WHEREAS, Redeveloper intends to use the Chauncey Swan Park as a construction staging area and for a geothermal utility field pursuant to a separate temporary construction easement agreement and a permanent utility easement agreement; and WHEREAS, the City of Iowa City, Iowa, is responsible for the care, supervision, and control of public property; and WHEREAS, the Public Works Director has reviewed the requested closure, and finds that the temporary closure to be a manageable intrusion into the right-of-way and also finds that such temporary closure is in the public interest; and WHEREAS, the Parks and Recreation Director has reviewed the requested closure, and finds that with certain conditions to mitigate the effects on the seasonal Farmer's Market, such request is reasonable. NOW, THEREFORE, IN MUTUAL CONSIDERATION OF THE PROMISES HEREIN, THE CHAUNCEY, L.L.C. AND THE CITY AGREE AS FOLLOWS: 1. In consideration of the City's permission herein to temporarily close a portion of a City property during drilling of the Test Well, as described above and pursuant to the Application for Private Water Well Construction Permit, Redeveloper agrees to: a. Secure the temporary easement area shown in Exhibit A against vehicular and pedestrian traffic by providing adequate pedestrian passage, adequate traffic control, by providing adequate signage, and by securing all open excavations from pedestrians, thereby ensuring public safety; and b. Upon completion of test boring installation, the tubing will be secured to a temporary fence post for approximately six days, the time necessary to allow the well to reach static conditions (72 hours) and to conduct the conductivity test (48 hours) while working around v� the farmers market restrictions. After completion of the conductivity test, Redeveloper shall cut and cap the test loop tubes, remove the fence post, fill any ruts caused by Redeveloper's use of the easement area, and restore any grass disturbed thereby to the satisfaction of the City Parks and Recreation Director. City and Redeveloper agree that the test loop for the geothermal system may remain in place until the construction of The Chauncey is completed, and Chauncey Swan Park is restored. C. Redeveloper will use its best efforts to minimize the disruption to the Iowa City Farmer's Market. To that end, no construction activity shall occur within the easement area on Saturdays between the hours of 5:30 a.m. and noon, or on Wednesdays after 3 p.m., during the months of May through October. Furthermore, in order to mitigate disturbance to the neighborhood, no construction activity within the easement area shall occur on Sundays, except in case of an emergency and with prior approval from the City. Nothing in this agreement shall be interpreted as limiting the Redeveloper's right to perform construction activities occurring entirely on the Redevelopment Property. 2. In consideration of the Redeveloper's promises herein, the City agrees to allow Redeveloper to temporarily fence, close and install the Test Well in the approximate location and size shown in Exhibit A as "approximate location of test boring." The exact location shall be determined by Redeveloper and the City Parks and Recreation Director. The City further agrees to allow Redeveloper the ability to place equipment necessary for the purposes of installing the Test Well in the area marked as "approximate location of equipment Storage while Drilling" on the attached Exhibit A. The use of this easement area shall be pursuant to the limitations set forth in this easement agreement and consistent with the Application for Private Water Well Construction Permit. 3. Redeveloper agrees to provide, keep in place, and maintain in good working condition certain fencing and signage necessary to do the following: a. route pedestrians through or around the closed area as approved by the City during construction; b. provide adequate advance warning of such closure; and 9,5 c. provide for the orderly and predictable movement of traffic; and d. provide adequate warning of high voltage on lath surrounding the drilling and testing equipment; and e. provide orange construction fencing around the generator and construction equipment as needed. All signage shall be in accordance with the Federal Highway Administration Manual on Uniform Traffic Control Devices. 4. Redeveloper shall be responsible for the removal, storage, and replacement of items located within the easement which could be damaged during the construction. Items include, but are not limited to, benches, gazebos, bricks, planters, public art, downspouts, lighting and electrical services. 5. Redeveloper agrees in indemnify, defend and hold the City harmless against any and all claims for bodily injury, death or property damage arising out of its actions and use of the public right-of-way under this Agreement, and those of its contractors, subcontractors, agents, employees and assigns specifically including any and all claims and/or liabilities which may be alleged against the City as a result of its decision to allow Redeveloper to temporarily close a portion of right-of-way adjacent to its property as described herein. Redeveloper further agrees to carry Class II liability insurance in the minimum amounts of $500,000 each occurrence, $1 million aggregate bodily injury, and $250,000 aggregate property damage with contractual liability coverage included. Redeveloper shall furnish a certificate of insurance evidencing said valid insurance coverage to City, which certificate must be satisfactory to the City. Redeveloper shall submit a certificate of insurance to the City prior to the commencement of construction. 6. If Redeveloper fails to restore the easement area to the City's satisfaction as required, the City may restore the easement area, and the cost thereof shall be billed to Redeveloper for payment to City. Upon Redeveloper's failure to pay said billing, the removal costs shall be certified to Johnson County as a statutory lien and assessed against the property and collected in the same manner as a property tax, as provided in Section 364.12(2)(e), Iowa Code (2015). lo 7. City and Redeveloper agree this Temporary Easement shall remain in effect until completion of the drilling of the geothermal vertical test well and restoration of the easement area pursuant to Section 1 herein, with an anticipated commencement date of August 15, 2016. Drilling is anticipated to last 1-3 days depending upon weather, equipment and unforeseen drilling conditions, and the subsequent conductivity test will be completed within three weeks after said drilling is completed. 8. Notwithstanding the above, Redeveloper agrees to cease and desist its temporary use and closure of the easement area and to remove any and all obstructions from said easement area when any one of the following events occur: a) breach of this Agreement; b) the use of the property changes and/or the temporary use of the easement area is no longer needed or appropriate, as determined by the City; c) within thirty (30) calendar days after the City gives written notice of removal to Redeveloper. 9. Redeveloper acknowledges and agrees that no property right is conferred by this grant of permission to use the easement area; and, notwithstanding Paragraph eight (8), that the City may order the said temporary use terminated at any time if, for any reason, the Public Works Director determines that the property is needed for a public use and should be cleared of any and all obstructions. 10. This Agreement shall constitute a covenant running with the land, and shall be binding upon and shall inure to the benefit of the respective heirs, successors in interest, and assigns of both parties. 11. This Agreement for Temporary Construction Easement shall be recorded in the Johnson County Recorder's Office, at Redeveloper's expense. Dated this 1-744Lday of August, 2016. CITY OF I CITY Kingsley Botchway, Mayor Pro tem ,%/ ' THE,Z`HAUNgW,)V, L B. Moen, Member and A Approved by: 1'�L w City Attorney's Office Pj i/1� STATE OF IOWA ) )SS COUNTY OF JOHNSON ) On this )7-0�- day of August, 2016, before me a Notary Public in and for said County, personally appeared Kingsley Botchway and Marian K. Karr, to me personallv known, who being duly sworn, did say that they are the Mayor Pro tem,City Clerk, respectively of the City of Iowa City, Iowa, a Municipal Corporation, created and existing under the laws of the State of Iowa, and that the seal affixed to the foregoing instrument is the seal of said Municipal Corporation, and that said instrument was signed and sealed on behalf of said Municipal Corporation by authority and resolution of its City Council and said Mayor Pro tem/City Clerk acknowledged said instrument to be the free act and deed of said Municipal Corporation by it voluntarily executed. J4 is KE 510n N TUTRE Commission Number 221819 rv�" My Co mis 'on Fires Notary Public in and for the State of Iowa STATE OF IOWA ) )SS COUNTY OF JOHNSON ) This instrument was acknowledged before me on this ( n f� day of August, 2016, by Marc B. Moen, as Manager and Member of The Chauncey, L.L.C. fv�-9� PATRI=NumbWer727740 commissiNotary Public in and for My Com Marthe State of Iowa pjf/MoenGroup/TheChauncey/TCE for test well (PJF clean revision 080516) M !i i� G i 2 d j "• k ,y A s i TIP" J n '� T11-1 I � 3 a r •. h % i b -146 1 41 4( �— -_—_ —_ -----� -I 146144 t 146, ;Approximate location i y [of test boring 1 t o Approximate location '1461416 5 of equipment Storage 9 461461 CD , while drdhn9 Uai f 'III 9 4 j t 1 I F 5 069 s. SUBJECT SITE t Ff 505 JY a il r LEGEND ------- - BASE DRAWING FROM JOHNSON GENERAL IOWA GIS BOUNDARY OF ASSESSED AREA THIS DRAWING IS INTENDED FOR GENERAL LOCATION PURPOSES ONLY NORTH 06167094 JUNE]Dm SITE PLAN EXHIBIT$ KSN PC lrerracon GEOTHERMAL ENVIRONMENTAL ASSESSMENT Consulting Engineers and Sdenrtists ROHRBACH ASSOCIATES, PC 6ifi�9s�a-m' THE CHAUNCEY 2 16W 1TfX S1PEET5W CEpPR WPIPS, lOWR54tl1 MPROXIIATE DRAWING Sf.VIE CITF W'0191WU I WMIBM"n IOWA r.ITY. IOHNRON MI INTV IOWA lo Doc ID: 026412970004 Type: GEN Kind: ORDINANCE Recorded: 08/22/2016 at 03:33:04 PM Fee Amt: $22.00 Pape 1 of 4 Johnson County Iowa Kim Painter County Recorder BK5553 PG59-62 STATE OF IOWA ) ) SS JOHNSON COUNTY ) I b I wwmQ�w� CFty of *A I, C� I, Manan K. Karr, City Clerk of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of Ordinance No. 16-4672 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 16th day of August, 2016, is a true and correct copy, all as the same appears of record in my office. Dated at Iowa City, Iowa, this 18th day of August, 2016. Manan K.lMi City Clerk \ord 410 EAST WASHINGTON STREET • IOWA CITY, IOWA 52240-1826 • (319) 356-5000 • FAX (319) 356-5009 Prepared by: Robert Miklo, Senior Planner, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5240 (REZ16-00005) ORDINANCE NO. 16-4672 ORDINANCE REZONING PROPERTY LOCATED AT 818 SOUTH DUBUQUE STREET FROM INTENSIVE COMMERCIAL (CI -1) ZONE TO PUBLIC (P-1) ZONE. (REZ16-00005) WHEREAS, the applicant, Johnson County Board of Supervisors., has requested a rezoning of 3,749 square feet of property located at 818 South Dubuque Street from Intensive Commercial (CI -1) Zone to Public (P-1) Zone; and WHEREAS, the rezoning is being requested to reflect public ownership of the property and to allow for redevelopment of the Johnson County Ambulance Building in conjunction with the abutting property to the north; and WHEREAS, the P-1 zone is intended for uses such as schools, parks, police and fire stations, and other civic buildings owned or otherwise controlled by the County, the City, or the Iowa City Community School District; and, WHEREAS, the Planning and Zoning Commission has reviewed the proposed rezoning and has recommended approval, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I APPROVAL. Property described below is hereby reclassified from its current zoning designation of Intensive Commercial (CI -1) to Public (P-1): AUDITOR'S PARCEL 2015074, THAT PORTION OF AUDITOR'S PARCEL 99001 IN BLOCK 28 OF COUNTY SEAT ADDITION IN THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 15, TOWNSHIP 79 NORTH, RANGE 6 WEST OF THE FIFTH PRINCIPAL MERIDIAN, IOWA CITY, JOHNSON COUNTY, IOWA DESCRIBED AND SHOWN ON THE PLAT OF SURVEY RECORDED IN BOOK 59, PAGE 365 IN THE RECORDS OF THE JOHNSON COUNTY, IOWA RECORDER'S OFFICE. SECTION II. ZONING MAP. The building official is hereby authorized and directed to change the zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval and publication of the ordinance as approved by law. SECTION 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. r- Ordinance No. 16-4672 Page 2 Passed and approved this 16th day of August , 2016. MAYO ATTEST ofAr- i C -Y CLERK Approved by: / LClf City Attorneys Office 701 Ordinance No. 16-4672 Page 3 It was moved by Mims and seconded by Botchway that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: ABSTAIN: % Botchway x Cole % Dickens % Mims x Taylor % Thomas % Throgmorton First Consideration 08/02/2016 Vote for passage: AYES: Dickens, Mims, Taylor, Thomas, Thtogmorton, Botchway, Cole. NAYS: None. ABSENT: None. Second Consideration _ Vote for passage: Date published 08/25/2016 Moved by Mims, seconded by Botchway, that the rule requiring ordinances to be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the second consideration and vote be waived and the ordinance be voted upon for final passage at this time. AYES:Taylor, Thomas, Throgmorton, Botchway, Cole, Dickens, Mims. NAYS: None. ABSENT: None. Prepared by Sarah Walz, Associate Planner, 410 E. Washington, Iowa City, IA 52240; 319/356-5230 DECISION IOWA CITY BOARD OF ADJUSTMENT WEDNESDAY, August 10, 2016 EMMA J. HARVAT HALL fNlllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllll Doc ID: 026415910003 Type: GEN Kind: DECISION Recorded: 08/24/2016 at 03:01:25 Pr Fee Amt. $17.00 Page 1 of 3 Johnson county Iowa Kim Painter County Recorder BK5553 PG985-987 OV MEMBERS PRESENT: Becky Soglin, T. Gene Chrischilles, Connie Goeb, Tim Wietzel, Larry Baker MEMBERS ABSENT: None. STAFF PRESENT: Sue Dulek, Sarah Walz, OTHERS PRESENT: Adam Pretorious, Jessica Kinney, Corey Wilson SPECIAL EXCEPTION ITEMS: EXC16-00006: Discussion of an application for a special exception submitted by Adam Pretorius to allow an eating establishment to be located in the Planned Development Overlay, Low Density Single -Family Residential (OPD -5) zone at 1040 Martin St. The Board concludes that the specific proposed exception will not be detrimental to or endanger the public health, safety, comfort or general welfare based on the following findings: • The subject unit is small in size, 766 square feet of "shop" space with an additional 377 feet (in the rear garage space) to be used as backroom storage space. • Given the remote location of the neighborhood, limited size of the space, and constraints on seating, it is likely that the use will rely primarily on customers that are already within the neighborhood—residents or people traveling to the dog park or along bike trails. The use is not anticipated to generate heavy traffic or parking demand. The Board concludes that the specific proposed exception will not be injurious to the use and enjoyment of other property in the immediate vicinity; will not substantially diminish or impair property values in the neighborhood; and will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the zone in which such property is located based on the following findings: • The Peninsula development plan has always included opportunity for commercial uses in particular locations around the park and the building was designed and built for commercial use on the ground level. • The applicant has indicated that additional parking will be constructed along the street adjacent to the park. o • The building meets the design standards that are part of the Peninsula regullatiogs. This " use is in keeping with the vision for the development of the neighborhoo • Activities associated with the proposed use are mostly indoors, with some-P_.b­u'tdoo.,,a seating on private property, the potential for noise or other externalities ttt"at,�T�iighreat a disturbance for neighboring residential uses is minimal. il • The building meets the design standards of the Peninsula neighborhood. r� c.a • Staff has observed that there appears to be sufficient on -street parking to serve the use. • City code prohibits the use of signs with interior illumination; signage and lighting must comply with the regulations for the Neighborhood Commercial and Mixed Use zones, which are designed to be compatible with neighboring residential uses and must be approved by the Peninsula Neighborhood Architectural Review Board. • Similar to the adjacent restaurant, conditions to limit hours of operation, seating capacity, and use of sound on the exterior of the building. City code limits loading and unloading activities to no earlier than 6:00 AM. • The proposed use is limited to the first floor of the building and that the customer area may not extend into the rear of the building (377 square feet) where backroom storage is indicated on the submitted site plan. The Board finds that all access roads are in place for the development. On site drainage is provided. The area directly behind the property is reserved for stormwater detention. No additional facilities are required. The Board concludes that adequate measures have been or will be taken to provide ingress or egress designed so as to minimize traffic congestion on public streets based on the following findings: • There is no off-street parking required or provided for the commercial use, therefore there is no ingress or egress from the site itself. • The use will be limited in the customers it can draw due to its small size and remote location within the Iowa City community. The Board concludes that all other aspects of the proposed use not discussed will be reviewed for compliance with the specific standards in the Peninsula Code—e.g., lighting, signage, etc. Serving of alcohol at the sidewalk seating is allowed by temporary use permit only by way of the Outdoor Service Area requirements. DISPOSTION: By a vote of 5-0 the Board approves a special exception to allow an eating establishment to be located at 1040 Martin Street, subject to the following conditions: 1. Hours of operation are limited to 10 PM weeknights; 11 PM on Fridays and Saturdays. 2. Amplified sound on the exterior of the building is prohibited. 3. Outdoor alcohol service requires an OSA permit. 4. All aspects of the commercial establishment are limited to the first floor of the building: 766 feet of commercial space for customer access and operations for the eating o establishment; 377 square feet to be used as backroom storage only. TIME LIMITATIONS: ! C 7' r. air All orders of the Board, which do not set a specific time limitation on Applicant acfiort;shalL 'ice expire six (6) months from the date they were filed with the City Clerk, unless the Applica Phall have taken action within such time period to establish the use or construct the improvement t7 authorized under the terms of the Board's decision. City Code Section 14-8C-1 E, City of Iowa City, Iowa. Larry Baker, Chairperson STATE OF IOWA ) JOHNSON COUNTY ) Approved by: City Attorney's Office I, Marian Karr, City Clerk of the City of Iowa City, do hereby certify that the Board of Adjustment Decision herein is a true and correct copy of the Decision that was passed by the Board of Adjustment of Iowa City, Iowa, at its regular meeting on the 10th day of August, 2016, as the same appears of record in my Office. Dated at Iowa City, this o2.3 day of 20 i6 . Maria Karr, City Clerk L CORPORAT .._--� IIIIIIIIIIIIIII�Iilll�llllllllllllllllll�llllllll�lllllllllllll�llllllllll r Doc ID: 026428170035 Type: GEN = i Kind: SUBDIVISION Recorded: 09/06/2016 at 03:03:40 PM1111+�k?I Fee Amt: $177.00 Page 1 of 35 �'''•��!! Johnson County Iowa®� Kim Painter County Recorder BK5559 PG145-179 c o IOWA CITY 410 Easl Washinglon Slreel Iowa City, Iowa 52240-1826 (319) 356-5000 STATE OF IOWA ) www. gov.or 09 FAX www.icgov.org ) SS JOHNSON COUNTY ) I, Marian K. Karr, City Clerk of Iowa City, Iowa, do hereby certify that the Resolution attached hereto is a true and correct copy of Resolution No. 16-217, which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 5th day of July, 2016, all as the same appears of Q` record in my office. Also attached are the final legal documents for Pine Grove — Iowa City, Iowa. ^� � Dated at Iowa City, Iowa, this day of /�� 2016. l �1 f Marian K. Karr City Clerk MVI A, C`/ p fires subdivision M il °0 ss'YYeersY C09PORRI 1' _Tra;r^ 4e Prepared by: Bob Mildo, Senior Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5240 (SUB16-00006) RESOLUTION NO. 16-217 RESOLUTION APPROVING PRELIMINARY AND FINAL PLAT OF PINE GROVE, IOWA CITY, IOWA. WHEREAS, the owner, Steve Kohli, filed with the City Clerk, an application for approval of the preliminary and final plat of Pine Grove, Iowa City, Iowa; and WHEREAS, said subdivision is located on the following -described real estate in Iowa City, Johnson County, Iowa, to wit: A PORTION OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER AND A PORTION OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER ALL OF SECTION 7, TOWNSHIP 79 NORTH, RANGE 5 WEST OF THE FIFTH PRINCIPAL MERIDIAN, IOWA CITY, JOHNSON COUNTY, IOWA, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SECTION 7, TOWNSHIP 79 NORTH, RANGE 5 WEST OF THE FIFTH PRINCIPAL MERIDIAN, IOWA CITY, JOHNSON COUNTY, IOWA; THENCE N01039'15"W, ALONG THE WEST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 7, A DISTANCE OF 2045.03 FEET; THENCE N88°20'02"E, 52.17 FEET, TO THE NORTHWEST CORNER OF AUDITOR'S PARCEL 2000-119, IN ACCORDANCE WITH THE PLAT THEREOF RECORDED IN PLAT BOOK 42 AT PAGE 107 OF THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE, AND THE POINT OF BEGINNING; THENCE NORTHWESTERLY 83.05 FEET ALONG THE EAST RIGHT-OF-WAY LINE OF SCOTT BOULEVARD ON A 1587.02 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY, WHOSE 83.04 FOOT CHORD BEARS NO3009'10"W; THENCE N01°39'13"W, ALONG SAID EAST RIGHT-OF-WAY LINE, 519.85 FEET; THENCE N01°06'36"W, ALONG SAID EAST RIGHT-OF-WAY LINE, 115.98 FEET, TO ITS INTERSECTION WITH THE SOUTHERLY RIGHT-OF-WAY LINE OF LOWER WEST BRANCH ROAD; THENCE SOUTHEASTERLY, 77.91 FEET ALONG SAID SOUTHERLY RIGHT- OF-WAY LINE ON A 167.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, WHOSE 77.21 FOOT CHORD BEARS S72°43'26"E; THENCE N30038'30"E, 33.00 FEET, TO A POINT ON THE CENTERLINE OF SAID LOWER WEST BRANCH ROAD; THENCE S59°21'30"E, ALONG SAID CENTERLINE, AND SOUTHEASTERLY PROJECTION, 260.04 FEET, TO ITS INTERSECTION WITH THE NORTHWESTERLY PROJECTION OF SAID CENTERLINE; THENCE S88028'23"E, ALONG SAID NORTHWESTERLY PROJECTION AND CENTERLINE, 328.40 FEET; THENCE S01040'50"E, ALONG THE WEST RIGHT-OF-WAY LINE OF HUMMINGBIRD LANE, 33.05 FEET; THENCE S23°03'27"E, ALONG SAID WEST RIGHT-OF-WAY LINE, 41.41 FEET; THENCE S01°40'29"E, ALONG SAID WEST RIGHT-OF-WAY LINE, 151.57 FEET; THENCE SOUTHEASTERLY, 189.92 FEET ALONG SAID WEST RIGHT-OF-WAY LINE ON A 2525.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY, WHOSE 189.77 FOOT CHORD BEARS S03°49'42"E; THENCE S05058'55"E, ALONG SAID WEST RIGHT-OF-WAY LINE, 99.92 FEET; THENCE SOUTHEASTERLY, 9.48 FEET, ALONG SAID WEST RIGHT- OF-WAY LINE ON A 125.00 FOOT RADIUS CURVE, CONCAVE n�\ Resolution No. 16-217 Page 2 SOUTHWESTERLY, WHOSE 9.48 FOOT CHORD BEARS S03048'34"E; THENCE S01038'13"E, ALONG SAID WEST RIGHT-OF-WAY LINE, 42.48 FEET, TO A POINT ON THE NORTH LINE OF SCOTT BOULEVARD EAST - PART FOUR, IN ACCORDANCE WITH THE PLAT THEREOF RECORDED IN PLAT BOOK 41 AT PAGE 155 OF THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE; THENCE S88°20'02"W, ALONG SAID NORTH LINE, AND THE NORTH LINE OF SAID AUDITOR'S PARCEL 2000- 119, A DISTANCE OF 667.57 FEET, TO THE POINT OF BEGINNING. SAID TRACT OF LAND CONTAINS 9.33 ACRES, AND IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. WHEREAS, the Department of Neighborhood and Development Services and the Public Works Department examined the proposed preliminary and final plat and subdivision, and recommended approval; and WHEREAS, a dedication has been made to the public, and the subdivision has been made with the free consent and in accordance with the desires of the owners and proprietors; and WHEREAS, said preliminary and final plat and subdivision are found to conform with Chapter 354, Code of Iowa (2015) and all other state and local requirements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The said preliminary and final plat and subdivision located on the above-described real estate be and the same are hereby approved. 2. The City accepts the dedication of the streets and easements as provided by law and specifically sets aside portions of the dedicated land, namely streets, as not being open for public access at the time of recording for public safety reasons. 3. The Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed, upon approval by the City Attorney, to execute all legal documents relating to said subdivision, and to certify a copy of this resolution, which shall be affixed to the final plat after passage and approval by law. The City Clerk shall record the legal documents and the plat at the office of the County Recorder of Johnson County, Iowa at the expense of the owner/subdivider. Passed and approved this 5th day of July , 20 1b MP OR ATTEST: 2%&� p(/. `zl z« CI LERK Approved ffice 4A.i �,ulGfWJ/� • pcd/templates/Resolution—Pine Glove Final Plat.doc.doc �` Resolution No. 16-217 Page 3 It was moved by Dickens adopted, and upon roll call there were: AYES: NAYS: x _ x x _ x _ x x and seconded by Mims ABSENT: x Thomas Mims Botchway Dickens Cole Taylor Throgmorton the Resolution be pcd/templates/Resolubm—Pine Grove Final Flat.dm.dac ✓ 1 CERTIFICATE OF COUNTY AUDITOR PINE GROVE, IOWA CITY, IOWA I, Travis Weipert, the Johnson County Auditor, hereby approve of Pine Grove, Iowa City, Iowa, as a succinct and unique name for the subdivision containing the following described real estate located in Johnson County, Iowa: A PORTION OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER AND A PORTION OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER ALL OF SECTION 7, TOWNSHIP 79 NORTH, RANGE 5 WEST OF THE FIFTH PRINCIPAL MERIDIAN, IOWA CITY, JOHNSON COUNTY, IOWA, DESCRIBED AS FOLLOWS: Commencing at the Southwest Corner of Section 7, Township 79 North, Range 5 West of the Fifth Principal Meridian, Iowa City, Johnson County, Iowa; Thence N01039'15"W, along the West Line of the Southwest Quarter of said Section 7, a distance of 2045.03 feet; Thence N88°20'02"E, 52.17 feet, to the Northwest Corner of Auditor's Parcel 2000-119, in accordance with the Plat thereof Recorded in Plat Book 42 at Page 107 of the Records of the Johnson County Recorder's Office, and the POINT OF BEGINNING; Thence Northwesterly 83.05 feet along the East Right -of -Way Line of Scott Boulevard on a 1587.02 foot radius curve, concave Northeasterly, whose 83.04 foot chord bears NO3009'10"W; Thence N01°39'13"W, along said East Right -of -Way Line, 519.85 feet; Thence N01°06'36"W, along said East Right -of -Way Line, 115.98 feet, to its intersection with the Southerly Right -of -Way Line of Lower West Branch Road; Thence Southeasterly, 77.91 feet along said Southerly Right -of -Way Line on a 167.00 foot radius curve, concave Southwesterly, whose 77.21 foot chord bears S72043'26"E; Thence N30038'30"E, 33.00 feet, to a Point on the Centerline of said Lower West Branch Road; Thence S59°21'30"E, along said Centerline, and Southeasterly Projection, 260.04 feet, to its intersection with the Northwesterly Projection of said Centerline; Thence S88°28'23"E, along said Northwesterly Projection and Centerline, 328.40 feet; Thence S01040'50"E, along the West Right -of - Way Line of Hummingbird Lane, 33.05 feet; Thence S23003'27"E, along said West Right -of -Way Line, 41.41 feet; Thence S01040'29"E, along said West Right -of -Way Line, 151.57 feet; Thence Southeasterly, 189.92 feet along said West Right -of -Way Line on a 2525.00 foot radius curve, '92\ concave Northeasterly, whose 189.77 foot chord bears S03°49'42"E; Thence S05°58'55"E, along said West Right -of -Way Line, 99.92 feet; Thence Southeasterly, 9.48 feet, along said West Right -of -Way Line on a 125.00 foot radius curve, concave Southwesterly, whose 9.48 foot chord bears S03048'34"E; Thence S01 °38'13"E, along said West Right -of -Way Line, 42.48 feet, to a Point on the North Line of Scott Boulevard East - Part Four, in accordance with the Plat thereof Recorded in Plat Book 41 at Page 155 of the Records of the Johnson County Recorder's Office; Thence S88020'02"W, along said North Line, and the North Line of said Auditor's Parcel 2000-119, a distance of 667.57 feet, to the POINT OF BEGINNING. Said Tract of Land contains 9.33 Acres, and is subject to easements and restrictions of record. 2 CONSENT TO SUBDIVISION AND DEDICATION OF PINE GROVE KNOW ALL MEN BY THESE PRESENTS: Steve Kohli Construction, L.C. does hereby certify and state that it is the owner and proprietor of the following described real estate situated in Johnson County, Iowa, to wit: A PORTION OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER AND A PORTION OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER ALL OF SECTION 7, TOWNSHIP 79 NORTH, RANGE 5 WEST OF THE FIFTH PRINCIPAL MERIDIAN, IOWA CITY, JOHNSON COUNTY, IOWA, DESCRIBED AS FOLLOWS: Commencing at the Southwest Corner of Section 7, Township 79 North, Range 5 West of the Fifth Principal Meridian, Iowa City, Johnson County, Iowa; Thence N01°39'15"W, along the West Line of the Southwest Quarter of said Section 7, a distance of 2045.03 feet; Thence N88°20'02"E, 52.17 feet, to the Northwest Corner of Auditor's Parcel 2000-119, in accordance with the Plat thereof Recorded in Plat Book 42 at Page 107 of the Records of the Johnson County Recorder's Office, and the POINT OF BEGINNING; Thence Northwesterly 83.05 feet along the East Right -of -Way Line of Scott Boulevard on a 1587.02 foot radius curve, concave Northeasterly, whose 83.04 foot chord bears NO3009'10"W; Thence N01039'13"W, along said East Right -of -Way Line, 519.85 feet; Thence N01 °06'36"W, along said East Right -of -Way Line, 115.98 feet, to its intersection with the Southerly Right -of -Way Line of Lower West Branch Road; Thence Southeasterly, 77.91 feet along said Southerly Right -of -Way Line on a 167.00 foot radius curve, concave Southwesterly, whose 77.21 foot chord bears S72043'26"E; Thence N30°38'30"E, 33.00 feet, to a Point on the Centerline of said Lower West Branch Road; Thence S59°21'30"E, along said Centerline, and Southeasterly Projection, 260.04 feet, to its intersection with the Northwesterly Projection of said Centerline; Thence S88028'23"E, along said Northwesterly Projection and Centerline, 328.40 feet; Thence S01°40'50"E, along the West Right -of - Way Line of Hummingbird Lane, 33.05 feet; Thence S23003'27"E, along said West Right -of -Way Line, 41.41 feet; Thence S01040'29"E, along said West Right -of -Way Line, 151.57 feet; Thence Southeasterly, 189.92 feet along said West Right -of -Way Line on a 2525.00 foot radius curve, concave Northeasterly, whose 189.77 foot chord bears S03°49'42"E; Thence S05058'55"E, along said West Right -of -Way Line, 99.92 feet; Thence Southeasterly, 9.48 feet, along said West Right -of -Way Line on a 125.00 foot radius curve, concave Southwesterly, whose 9.48 foot chord /b\ bears S03°48'34"E; Thence S01038'13"E, along said West Right -of -Way Line, 42.48 feet, to a Point on the North Line of Scott Boulevard East - Part Four, in accordance with the Plat thereof Recorded in Plat Book 41 at Page 155 of the Records of the Johnson County Recorder's Office; Thence S88020'02"W, along said North Line, and the North Line of said Auditor's Parcel 2000-119, a distance of 667.57 feet, to the POINT OF BEGINNING. Said Tract of Land contains 9.33 Acres, and is subject to easements and restrictions of record. Steve Kohli Construction, L.C. does further state that the subdivision of said real estate as it appears on the plat to which this certification and dedication is attached is with its free consent and in accordance with its desire. The streets, easements and public walkways in said subdivision are hereby dedicated to the City of Iowa City, Iowa, as provided by Chapter 354 of the 2015 Code of Iowa. IN WITNESS WHEREOF, the proprietor has caused these presents to be signed on this znk day of August, 2016. STATE OF IOWA JOHNSON COUNTY ) This instrument was acknowledged before me on this &-A day of August, 2016, by Steve Kohli, as a memb(te Steve Kohl-Qo strut , L.C. DOOGLAb0.1dIPl•M i �k" Cann aeon Number 1E9 My bow 2 CERTIFICATE OF COUNTY TREASURER I, Thomas Kriz, hereby certify that I am the County Treasurer of Johnson County, Iowa, and the fiscal year 2014 real estate taxes, payable in 2015-2016, for the following described property have been paid in full and said property is free from taxes or special assessments. The fiscal year 2015 real estate taxes, payable in 2016-2017, have not yet been certified. A PORTION OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER AND A PORTION OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER ALL OF SECTION 7, TOWNSHIP 79 NORTH, RANGE 5 WEST OF THE FIFTH PRINCIPAL MERIDIAN, IOWA CITY, JOHNSON COUNTY, IOWA, DESCRIBED AS FOLLOWS: Commencing at the Southwest Corner of Section 7, Township 79 North, Range 5 West of the Fifth Principal Meridian, Iowa City, Johnson County, Iowa; Thence N01°39'15"W, along the West Line of the Southwest Quarter of said Section 7, a distance of 2045.03 feet; Thence N88°20'02"E, 52.17 feet, to the Northwest Corner of Auditor's Parcel 2000-119, in accordance with the Plat thereof Recorded in Plat Book 42 at Page 107 of the Records of the Johnson County Recorder's Office, and the POINT OF BEGINNING; Thence Northwesterly 83.05 feet along the East Right -of -Way Line of Scott Boulevard on a 1587.02 foot radius curve, concave Northeasterly, whose 83.04 foot chord bears NO3009'10"W; Thence N01°39'13"W, along said East Right -of -Way Line, 519.85 feet; Thence N01006'36"W, along said East Right -of -Way Line, 115.98 feet, to its intersection with the Southerly Right -of -Way Line of Lower West Branch Road; Thence Southeasterly, 77.91 feet along said Southerly Right -of -Way Line on a 167.00 foot radius curve, concave Southwesterly, whose 77.21 foot chord bears S72°43'26"E; Thence N30038'30"E, 33.00 feet, to a Point on the Centerline of said Lower West Branch Road; Thence S59°21'30"E, along said Centerline, and Southeasterly Projection, 260.04 feet, to its intersection with the Northwesterly Projection of said Centerline; Thence S88028'23"E, along said Northwesterly Projection and Centerline, 328.40 feet; Thence S01040'50"E, along the West Right -of - Way Line of Hummingbird Lane, 33.05 feet; Thence S23003'27"E, along said West Right -of -Way Line, 41.41 feet; Thence S01 °40'29"E, along said West Right -of -Way Line, 151.57 feet; Thence Southeasterly, 189.92 feet along said West Right -of -Way Line on a 2525.00 foot radius curve, concave Northeasterly, whose 189.77 foot chord bears S03049'42"E; Thence S05°58'55"E, along said West Right -of -Way Line, 99.92 feet; Thence Southeasterly, 9.48 feet, along said West Right -of -Way Line on a 125.00 foot radius curve, concave Southwesterly, whose 9.48 foot chord 9 bears S03048134"E; Thence S01°38'13"E, along said West Right -of -Way Line, 42.48 feet, to a Point on the North Line of Scott Boulevard East - Part Four, in accordance with the Plat thereof Recorded in Plat Book 41 at Page 155 of the Records of the Johnson County Recorder's Office; Thence S88020'02"W, along said North Line, and the North Line of said Auditor's Parcel 2000-119, a distance of 667.57 feet, to the POINT OF BEGINNING. Said Tract of Land contains 9.33 Acres, and is subject to easements and restrictions of record, and shown on the attached plat and known and designated as Pine Grove, Iowa City, Iowa. Dated at Iowa City, Iowa, this day of July, 2016. Parcel Nos. 09-07-254-001 09-07-329-001 09-07-329-002 09-07-333-002 09-07-333-003 09-07-333-004 Thomas Kriz County Treasurer, Johnson County, Iowa •A SUBDIVIDER'S AGREEMENT PINE GROVE, IOWA CITY, IOWA THIS AGREEMENT, made by and between Steve Kohli Construction, L.C., hereinafter referred to as Owner and/or Subdivider, and the City of Iowa City, Iowa, a municipal corporation, hereinafter called the "City," WITNESSETH: SECTION 1. PUBLIC IMPROVEMENTS. In consideration of the City approving the plat of Pine Grove, Iowa City, Iowa, an addition to the City of Iowa City, Iowa, the Owner agrees, as a covenant running with the land that, except as provided in this Agreement, subject to Section 5, 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. Water mains, sanitary sewers, storm sewers and drainageways, and concrete paving at least 28 feet in width on Pine Grove Lane, hereinafter collectively referred to as "Improvements," have been installed in the subdivision as required by the City's Subdivision Ordinance, and until said Improvements have been accepted by the City, and subdivision erosion control measures have been installed as required by the City under its ordinances. Nothing in this Agreement shall be construed to impose a requirement on the City to install the original 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. SECTION 2. STORM WATER MANAGEMENT ORDINANCE COMPLIANCE AND COVENANT. The parties hereto acknowledge and agree that the Subdivider is required to provide storm water control facilities ("Facilities") for the subdivision under the City's storm water management ordinance, and that said storm water control facilities are provided by an existing storm water detention easement located on Lot 1, Pine Grove, Iowa City, Iowa. SECTION 3. CONSTRUCTION OF IMPROVEMENTS All Improvements and Facilities described in Sections 1 and 2 of this Agreement shall be constructed and installed by the Subdivider according to the plans and specifications approved by the City Engineer of the City of Iowa City, Iowa, who shall have the right to make occasional inspection of the work in progress. Such inspections shall not relieve or release the Subdivider from their responsibility to construct said Improvements and Facilities pursuant to the approved plans and specifications. Further, said inspections shall not create a duty or warranty on the part of the City that the construction of said improvements is in compliance with said plans and specifications. SECTION 4. SIDEWALKS. The Subdivider agrees to install sidewalks at least five (5) feet in width abutting each of the lots in said subdivision along Pine Grove Lane. The parties hereto acknowledge that sidewalks currently exist along Lower West Branch Road and Scott Boulevard. Should any portion of said sidewalks sustain damage during construction of the Public Improvements, Subdivider shall promptly replace such damaged squares. The sidewalks shall be installed in the subdivision covered by this Agreement as required by Iowa City Code of Ordinances. Sidewalks shall be installed adjacent to each lot prior to the issuance of an occupancy permit. The obligation for sidewalk installation shall remain a lien on the lots until installed and released by the City, and the release duly recorded in the Johnson County Recorder's Office as required by Section 14 -7A -6(B), Iowa City Code of Ordinances. SECTION 5. BUILDING PERMITS AND ESCROW MONIES. If the Subdivider should desire a building permit on any lot in said subdivision before the Improvements have been installed, the Subdivider shall deposit with the City, in escrow, an amount equal to the estimated cost of constructing said Improvements plus ten percent (10%) thereof divided by the total number of lots in the subdivision (hereinafter "Improvements Escrow"). The City Engineer shall determine the amount of the escrow which shall be collected for each building permit issued prior to the installation of the Improvements. In addition to the Improvements Escrow, if Subdivision Erosion Control measures have not been installed, with ground cover established by growth, the City may require, as a condition to the issuance of the first building permit for construction within the subdivision, that the Subdivider deposit in escrow with the City the sum of $2,000.00 (the "Erosion Clean-up Escrow") to assure reimbursement for the cost of cleaning public streets, storm sewers, gutters or catch basins, which may be incurred by the City as a result of erosion from any lot in the Subdivision. The Subdivider shall be responsible for the cost of any such clean-up; and to the extent that the Subdivider fails to accomplish erosion clean-up after reasonable notice from the City, the City is hereby authorized but 2 7j\ not obligated to do the work and to charge the cost thereof to the Erosion Clean-up Escrow, if adequate, and to charge any excess costs to the Subdivider. If the Erosion Clean-up Escrow is insufficient to pay the costs incurred by the City, the Subdivider shall promptly reimburse the City for the excess costs incurred. The unused balance of the Erosion Clean-up Escrow shall be returned to the Subdivider after erosion control measures have been installed, and ground cover has been established by growth. After the Erosion Clean-up and Improvements Escrows have been established, the Building Inspector of the City is authorized to issue a building permit, if the applicant is in compliance with all other applicable requirements and ordinances of the City. SECTION 6. OCCUPANCY PERMIT. Prior to the issuance of an occupancy permit for any building erected pursuant to Section 5, the City in its discretion may require the Subdivider to construct and install the Improvements and sidewalks as required by this Agreement. SECTION 7. USE OF ESCROW MONIES FOR IMPROVEMENTS. If, after the issuance of an occupancy permit, the Improvements and Facilities have not been constructed and installed, the City may use any funds deposited in the Improvements Escrow to construct and install the Improvements and Facilities. If the cost of constructing and installing said Improvements and Facilities exceeds the amount of the escrow, the City shall have a lien and charge against all the lots in the subdivision for the balance of the costs. After the construction and installation of the Improvements, the City shall refund to the Subdivider any Improvements Escrow monies not used by the City for the construction and installation of the Improvements and sidewalks required by this Agreement. SECTION 8. WAIVER. If Subdivider, its assigns or successors in interest, sells or conveys lots in said subdivision without constructing or installing the Improvements, 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 that the cost of the installation shall be a lien against all of the lots in the subdivision. The cost of the Improvements need not meet the requirements of benefit or value as provided by the law of the State of Iowa for assessing such improvements. The cost of installing the sidewalks shall be a lien only against the lot or lots abutting those sidewalks that have not been installed. It is further provided that this requirement to construct the Improvements or sidewalks is and shall remain a lien against the lots in the subdivision until properly released, as hereinafter provided. 7 f7\ SECTION 9. IMPROVEMENTS AND SIDEWALK RELEASE The City agrees that when the Improvements have been installed as required, to the satisfaction of the City, the City will, upon request, promptly issue to the Subdivider, for recording in the office of the County Recorder of Johnson County, Iowa, good and sufficient release to the lots in said subdivision so that this Agreement will not constitute a cloud upon the title of the lots in said subdivision. A separate sidewalk lien release may be issued where appropriate. The Mayor 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 authorizes the execution of one or more limited releases based on the use of escrows as contemplated in this agreement. SECTION 10. STREET MAINTENANCE AND PUBLIC SERVICE. The Subdivider agrees that the public services, including but not limited to, street maintenance, traffic control, snow removal and rubbish and trash collection need not be extended to any part in said subdivision until the pavement is installed and accepted by the City. SECTION 11. NEIGHBORHOOD OPEN SPACE The parties agree that prior to the issuance of a building permit for any lot in Pine Grove, Subdivider shall pay to the City a neighborhood open space fee in the amount of $42,326.00 pursuant to the provisions of Section 14-7D-4 of the Iowa City Code of Ordinances in lieu of dedicating 15,280 square feet of land to the City for open space. SECTION 12. MISCELLANEOUS. A. All electrical, telephone and cable television service and distribution lines shall be installed underground. B. Tree Protection Plan and Sensitive Areas. A Tree Protection Plan for the subdivision has been approved by the City Forester, and a signed copy of the Plan is attached as an exhibit to the Conservation Easement for the subdivision. C. Water Main Extension Fee. Prior to the issuance of a building permit for any lot in Pine Grove, Subdivider shall pay to the City a water main extension fee in the amount of $4,058.55. 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, n q�k 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. Lot 1 shall not have direct access to Scott Boulevard. Lots 6 and 7 shall not have direct access to Hummingbird Lane. Lots 9 and 10 shall not have direct access to Lower West Branch Road. SECTION 13. OUTLOTS. Outlot A is designated and reserved for common open space to be owned by Subdivider, or its successor in interest. Provided that Subdivider or its successors in interest or assigns may form a nonprofit corporation to be an Owners Association to which title to Outlot A would be conveyed and all maintenance, mowing, upkeep, repair, replacement and snow removal would become the responsibility of said Owners Association. Outlot B is reserved for and shall be used for the installation of mailboxes for U.S. Postal Service mail distribution within this subdivision. This Outlot shall be owned and maintained by Owner until transfer of ownership to an Owners Association. SECTION 14. SUCCESSORS AND ASSIGNS. This Agreement shall inure to the benefit of and bind the successors and assigns of the respective parties hereto and all covenants shall be deemed to apply to and run with the land and with the title to the land. DATED this SCA day o- 5 CITY OF IOWA CITY, IOWA By: 7<Zt= Throgmorton, Wyor By: �rsl44,-) 2 � 9(�.�r/ Marini K. Karr, City Clerk STATE OF IOWA ) ) ss: JOHNSON COUNTY ) This instrument was acknowledged before me on August _ 2016, by Steve Kohli, as a member of Steve Kohli Construction, L.C. N ry P c in and for ate of Iowa Uk STATE OF IOWA ) o s DIXWWD.RO�ERT ) ss: : 1 Cawmy sim Niribrr t�ppD JOHNSON COUNTY ) a l l EWn This instrument was acknowledged before me on August /�`-, 2016, by James A. Throgmorton and Marian K. Karr, as Mayor and City Clerk, respectively, of the City of Iowa City, Iowa. Notary Public in and for the State of Iowa 0 f)\ OPINION OF ATTORNEY I, Douglas D. Ruppert, a regular practicing attorney in Iowa City, Johnson County, Iowa, do hereby certify that I have examined an Abstract of Title to the following described real estate, to wit: A PORTION OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER AND A PORTION OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER ALL OF SECTION 7, TOWNSHIP 79 NORTH, RANGE 5 WEST OF THE FIFTH PRINCIPAL MERIDIAN, IOWA CITY, JOHNSON COUNTY, IOWA, DESCRIBED AS FOLLOWS: Commencing at the Southwest Corner of Section 7, Township 79 North, Range 5 West of the Fifth Principal Meridian, Iowa City, Johnson County, Iowa; Thence N01°39'15"W, along the West Line of the Southwest Quarter of said Section 7, a distance of 2045.03 feet; Thence N88°20'02"E, 52.17 feet, to the Northwest Corner of Auditor's Parcel 2000-119, in accordance with the Plat thereof Recorded in Plat Book 42 at Page 107 of the Records of the Johnson County Recorder's Office, and the POINT OF BEGINNING; Thence Northwesterly 83.05 feet along the East Right -of -Way Line of Scott Boulevard on a 1587.02 foot radius curve, concave Northeasterly, whose 83.04 foot chord bears NO3°09'10"W; Thence N01039'13"W, along said East Right -of -Way Line, 519.85 feet; Thence N01006'36"W, along said East Right -of -Way Line, 115.98 feet, to its intersection with the Southerly Right -of -Way Line of Lower West Branch Road; Thence Southeasterly, 77.91 feet along said Southerly Right -of -Way Line on a 167.00 foot radius curve, concave Southwesterly, whose 77.21 foot chord bears S72°43'26"E; Thence N30038'30"E, 33.00 feet, to a Point on the Centerline of said Lower West Branch Road; Thence S59021'30"E, along said Centerline, and Southeasterly Projection, 260.04 feet, to its intersection with the Northwesterly Projection of said Centerline; Thence S88028'23"E, along said Northwesterly Projection and Centerline, 328.40 feet; Thence S01 °40'50"E, along the West Right -of - Way Line of Hummingbird Lane, 33.05 feet; Thence S23003'27"E, along said West Right -of -Way Line, 41.41 feet; Thence S01 °40'29"E, along said West Right -of -Way Line, 151.57 feet; Thence Southeasterly, 189.92 feet along said West Right -of -Way Line on a 2525.00 foot radius curve, concave Northeasterly, whose 189.77 foot chord bears S03049'42"E; Thence S05°58'55"E, along said West Right -of -Way Line, 99.92 feet; Thence Southeasterly, 9.48 feet, along said West Right -of -Way Line on a 125.00 foot radius curve, concave Southwesterly, whose 9.48 foot chord bears S03°48'34"E; Thence S01038'13"E, along said West Right -of -Way Line, 42.48 feet, to a Point on the North Line of Scott Boulevard East - Part Four, in accordance with the Plat thereof Recorded in Plat Book 41 at Page 155 of the Records of the Johnson County Recorder's Office; Thence S88°20'02"W, along said North Line, and the North Line of said Auditor's Parcel 2000-119, a distance of 667.57 feet, to the POINT OF BEGINNING. Said Tract of Land contains 9.33 Acres, and is subject to easements and restrictions of record. It is hereby certified that fee simple title to said property is in Steve Kohli Construction, L.C. and is free and clear of all liens and encumbrances, except for a Mortgage to Hills Bank & Trust Company, Hills, Iowa, recorded the 27th day of April, 2016 in Book 5496, Page 666, Miscellaneous Records of Johnson County, Iowa. Dated at Iowa City, Iowa, this 3 f L i— day of t w wq�c 2016. MEARDC3AI81-IEPPEE�& DOWNER P.L.C. 122 South Linn Street Iowa City, IA 52240-1802 F MORTGAGEE CONSENT TO SUBDIVISION The undersigned, Hills Bank & Trust Company, Hills, Iowa, is the Mortgagee of a Mortgage from Steve Kohli Construction, L.C. recorded the 27th day of April, 2016 in Book 5496, Page 666, Miscellaneous Records of Johnson County, Iowa. Said Mortgage encumbers property designated as Pine Grove legally described as: A PORTION OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER AND A PORTION OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER ALL OF SECTION 7, TOWNSHIP 79 NORTH, RANGE 5 WEST OF THE FIFTH PRINCIPAL MERIDIAN, IOWA CITY, JOHNSON COUNTY, IOWA, DESCRIBED AS FOLLOWS: Commencing at the Southwest Corner of Section 7, Township 79 North, Range 5 West of the Fifth Principal Meridian, Iowa City, Johnson County, Iowa; Thence N01039'15"W, along the West Line of the Southwest Quarter of said Section 7, a distance of 2045.03 feet; Thence N88°20'02"E, 52.17 feet, to the Northwest Corner of Auditor's Parcel 2000-119, in accordance with the Plat thereof Recorded in Plat Book 42 at Page 107 of the Records of the Johnson County Recorder's Office, and the POINT OF BEGINNING; Thence Northwesterly 83.05 feet along the East Right -of -Way Line of Scott Boulevard on a 1587.02 foot radius curve, concave Northeasterly, whose 83.04 foot chord bears NO3009'10"W; Thence N01°39'13"W, along said East Right -of -Way Line, 519.85 feet; Thence N01 °06'36"W, along said East Right -of -Way Line, 115.98 feet, to its intersection with the Southerly Right -of -Way Line of Lower West Branch Road; Thence Southeasterly, 77.91 feet along said Southerly Right -of -Way Line on a 167.00 foot radius curve, concave Southwesterly, whose 77.21 foot chord bears S72°43'26"E; Thence N30038'30"E, 33.00 feet, to a Point on the Centerline of said Lower West Branch Road; Thence S59021'30"E, along said Centerline, and Southeasterly Projection, 260.04 feet, to its intersection with the Northwesterly Projection of said Centerline; Thence S88028'23"E, along said Northwesterly Projection and Centerline, 328.40 feet; Thence S01040'50"E, along the West Right -of - Way Line of Hummingbird Lane, 33.05 feet; Thence S23003'27"E, along said West Right -of -Way Line, 41.41 feet; Thence S01040'29"E, along said West Right -of -Way Line, 151.57 feet; Thence Southeasterly, 189.92 feet along said West Right -of -Way Line on a 2525.00 foot radius curve, concave Northeasterly, whose 189.77 foot chord bears S03°49'42"E; Thence S05°58'55"E, along said West Right -of -Way Line, 99.92 feet; Thence Southeasterly, 9.48 feet, along said West Right -of -Way Line on a 125.00 foot radius curve, concave Southwesterly, whose 9.48 foot chord �J` bears S03048'34"E; Thence S01038'13"E, along said West Right -of -Way Line, 42.48 feet, to a Point on the North Line of Scott Boulevard East - Part Four, in accordance with the Plat thereof Recorded in Plat Book 41 at Page 155 of the Records of the Johnson County Recorder's Office; Thence S88020'02"W, along said North Line, and the North Line of said Auditor's Parcel 2000-119, a distance of 667.57 feet, to the POINT OF BEGINNING. Said Tract of Land contains 9.33 Acres, and is subject to easements and restrictions of record. The undersigned Mortgagee, pursuant to the provisions of Chapter 354, Code of Iowa, 2015, does hereby consent to the platting and subdivision of Pine Grove, Iowa City, Iowa, by Steve Kohli Construction, L.C. and does hereby release from said Mortgage all streets, easements or other areas to be conveyed or dedicated to the public pursuant to said subdivision. Dated this Z9t� day of Ane 2016. HILLS BANK & TRUST COMPANY By: Tim Finer, Vice President STATE OF IOWA ) ) ss: JOHNSON COUNTY ) �This instrument was acknowledged before me on this 21-`� day of L{l1Ci , 2016, by Tim Finer, as Vice President of Hills Bank & Trust Company. 1� ahyi�l Notary Public in and for ffie State of Iowa 'I, RENEE HARKED CommLsslon Number 728012 My on Expires 2 �1 Prepared by: Douglas D. Ruppert, 122 South Linn Street, Iowa City, IA 52240, (319) 338-9222 Return to: Douglas D. Ruppert, 122 South Linn Street, Iowa City, IA 52240 PERPETUAL PUBLIC ACCESS EASEMENT AGREEMENT BETWEEN STEVE KOHLI CONSTRUCTION, L.C. AND THE CITY OF IOWA CITY This Agreement is made by and between Steve Kohli Construction, L.C. (hereinafter "Owner") and the City of Iowa City, Iowa (hereinafter "the City"), which expression shall include their successors in interest and assigns. WHEREAS, as a part of the approval of the Final Plat for Pine Grove, Iowa City, Iowa, Owner is obligated to convey to the City public access; and WHEREAS, the parties now wish to memorialize and fulfill Owner's obligations through the execution of a recordable easement agreement as described and set forth herein. NOW THEREFORE, THE PARTIES AGREE AS FOLLOWS: For the sum of One Dollar and other valuable consideration, receipt of which is hereby acknowledged, Owner hereby grants and conveys to the City, a public access easement for purposes of providing common public access and city services and also a right-of-way with right of ingress and egress thereto, over and across the premises legally shown and described on the Final Plat for Pine Grove, Iowa City, Iowa, designated as "Access, Sanitary Sewer and Watermain Easement" (hereinafter "easement area"). Owner further grants to the City the following rights in connection with the above easements: 1. The right from time to time to trim, cut down and clear away all trees and brush on said easement area and on either side of said easement area which now or hereafter in the opinion of the City may interfere with public access and/or the exercise of the City's rights hereunder in any manner. 2. The City shall indemnify Owner against any loss and damage which shall be caused by the negligent exercise of any said ingress or egress, construction, use or maintenance rights by the City or its agents or employees in the course of their employment. 3. Owner reserves a right to use said easement area for purposes which will not interfere with the City's full enjoyment of its rights hereby granted; provided that Owner shall not erect or construct any building, retaining walls, fence or other structures; plant any trees, drill or operate any well; or construct any obstructions on said easement area. The City has the right to remove any such improvements without notice or compensation due to Owner. tJ\ 4. Owner hereby covenants with the City that it is lawfully seized and possessed of the real estate described above, and that it has good and lawful right to convey it or any part thereof. 5. Owner hereby covenants that the access easement area shall be kept free and clear of impediments to traffic at all times. Further, Owner shall be responsible for maintenance and snow removal over and on said easement area at its sole expense. Owner further acknowledges and agrees that the City will have the right, but not the obligation, to inspect the private roadway located within the easement area and require Owner or the Owner's successors in interest or assigns to make those repairs deemed necessary by the City in its sole discretion to the private roadway to assure that City's access as described herein is free from impediments and not interfered with. Notwithstanding the foregoing, Owner and its successors and assigns may form a nonprofit corporation to be an Owners Association ("Association") through which its repair and maintenance obligations contained herein may be fulfilled. Provided further that Owner or its successors and assigns may convey any portion of the easement area to the Association, which conveyance will be subject to this Agreement as a covenant running with the land. 6. Nothing in this Agreement shall be construed to impose a requirement on the City to improve or maintain the easement area or the improvements installed thereon. Nor shall Owner be deemed acting as the City's agent in the course of performing its obligations pursuant to this Agreement. The parties agree that the obligation to maintain the public improvements herein shall be in accordance with City specifications. The private roadway located within the easement area shall be constructed in accordance with the construction plans for the street approved by the City Engineer. 7. The City's police department is authorized to ticket, tow or cause to be towed, pursuant to the Code of Iowa, as amended, any motor vehicle that has been parked or placed upon the easement area in violation of the parking laws of the City and State of Iowa. This Agreement shall serve as appropriate notice for such authorization to City's police department under the Code of Iowa, as amended. Owner shall place this Agreement of record as its sole obligation to notify all persons who may improperly park on the easement area. 8. This easement shall inure to the benefit of and bind the successors and assigns of the respective parties hereto. All covenants shall be deemed to apply to and run with the title to the land. Dated this &L day of August, 2016. CITY OF IOWA CITY. IOWA 111"-X BY: 6. aures A. Throgmortotf, Mayor ATTEST: )Yl0cs7iyrJ kc . Approved by: Marian K. Karr, City Clerk City Attorney's Office 2 STATE OF IOWA ) ) ss: COUNTY OF JOHNSON ) This instrument was acknowledged before me on the August, 2016, by James A. Throgmorton and Marian K. Karr as Mayor and of Iowa City, respectively. STATE OF IOWA ) ) ss: COUNTY OF JOHNSON) day of City Clerk of the City Notary Public in and for the State of Iowa 05M This instrument was acknowledged before me on the( day of August, 2016, by Steve Kohli, as a member of Steve Kohli Construction, L.C. �I • and fo te of Iowa ��aUc s OOUGLAS 0. RU"1911T CortmsmNOW 12SO • OWP 1 E�int UNDERGROUND UTILITY EASEMENT AGREEMENT PINE GROVE, IOWA CITY, IOWA In consideration of the approval of the final plat of Pine Grove, Iowa City, Iowa, the undersigned Grantor hereby grants to MidAmerican Energy Company, CenturyLink and Mediacom Cable, and their successors (hereinafter referred to as "Grantees"), a perpetual, nonexclusive right-of-way easement upon, over, under, along and across the areas marked on the final plat of Pine Grove, Iowa City, Iowa, as "Utility Easement" and "Utility and Sanitary Sewer Easement." The Grantees of this easement shall have the right to install, lay, construct, reconstruct, renew, operate, maintain and remove conduits, cables, pipes, electric lines below the surface of the ground, and other equipment or appurtenances above the surface of the ground as may be necessary for the purpose of serving the subdivision and other property with electricity, gas, and communication service; the right to trim, cut down and remove such trees, brush, saplings and bushes as may interfere with the proper construction, maintenance, operation or removal of said facilities, equipment and appurtenances; and the right of ingress and egress for all of the purposes aforesaid. Grantees shall promptly backfill any trench made by them and repair any damages caused by them within the easement areas. Grantor, its successors in interest and assigns, reserves the right to use said easement areas for purposes which will not interfere with the Grantees' full enjoyment of the rights hereby granted; provided that Grantor shall not erect or construct any reservoir, retaining wall, or other obstruction on said areas, or diminish or substantially add to the ground cover over said easement areas. No permanent dwellings or trees shall be placed on the areas so designated for utility easement, but with advance written authorization from the Grantees' representatives, the same may be used for gardens, shrubs, minor landscaping and other purposes that do not then or later interfere with the aforesaid uses or the rights herein granted. Grantees' rights, however, include the right to remove and/or clear away any such gardens, shrubs, minor landscaping, bushes and plantings within the easement area without compensation to Grantor or its successor in interest. SIGNED this ,;rA_ day of August, 2016. 1 J\ STATE OF IOWA ) ) ss: JOHNSON COUNTY ) This instrument was acknowledged before me on August, 2016, by Steve Kohli, as a member of Steve Kohli Construction, L.C. DOUGLAS D. RUPPERT _ Camdcsion NwW 12M MY, Espira iwna P�\ SANITARY SEWER, STORM SEWER AND DRAINAGE EASEMENT AGREEMENT FOR PINE GROVE THIS AGREEMENT made and entered into by and between Steve Kohli Construction, L.C., hereinafter referred to as Owner and/or Subdivider, which expression shall include its successors in interest and assigns, and the City of Iowa City, Iowa, hereinafter referred to as City, which expression shall include its successors in interest and assigns. IT IS HEREBY AGREED AS FOLLOWS: For the sum of One Dollar and other valuable consideration, receipt of which is hereby acknowledged, the Owner hereby grants and conveys to the City, an exclusive easement for the purposes of excavating for and the installation, replacement, maintenance and use of such drainage way, sanitary sewer, or storm sewer lines as the City shall from time to time elect for conveying sewage or storm water and all necessary appliances and fittings for use in connection with said lines, together with adequate protection thereof and also a right-of-way with right of ingress and egress thereto, over and across the areas designated as "Utility and Sanitary Sewer Easement"; "Sanitary Sewer Easement"; "Storm Sewer and Drainage Easement"; "Sanitary Sewer Easement" and "Access, Sanitary Sewer and Watermain Easement" (hereinafter "easement areas") as shown on the final plat for Pine Grove. The Owner further grants to the City the following rights in connection with the above: 1. The right of grading said easement areas for the full width thereof, and the right to extend the cuts and fills for such grading into and on said land along and outside of said easement areas, to such extent as the City may find reasonably necessary. 2. The right from time to time to trim, cut down and clear away all trees and brush on said easement areas, and on either side of said easement areas which now or hereafter in the opinion of the City may be a hazard to said areas or may interfere with the exercise of the City's rights hereunder in any manner. 3. The right to enter onto land beyond the easement area to conduct emergency repairs that may extend beyond the easement area without obtaining a separate temporary easement. The City's right to do such work shall be effective only upon City's prior notice to Owners and with minimal disruption of the area. 4j\ The City shall indemnify the Owner against any loss and damage which shall be caused by the negligent exercise of any said ingress or egress, construction, maintenance or use by the City or its agents or employees in the course of their employment. The Owner reserves the right to use said easement areas for purposes which will not interfere with the City's full enjoyment of its rights granted herein; provided that the Owner and lot owners and their successors and assigns shall not erect or construct any building, fence, retaining wall or other structure; plant any trees, drill or operate any well, or construct any reservoirs or other obstruction on said easement areas, or diminish or substantially add to the ground cover over said easement areas. Subdivider may place trees and/or fences in the easement areas upon the written approval of the City. However, any improvements placed in the easement areas, with or without City approval, may be removed by the City without obligation or compensation or replacement. The Owner hereby covenants with the City that it is lawfully seized and possessed of the real estate above described, and that it has good and lawful right to convey it or any part thereof. Nothing in this Agreement shall be construed to impose a requirement on the City to install the original public improvements at issue herein. Nor shall the Subdivider be deemed acting as the City's agent during the original construction and installation of said improvements. The parties agree that the obligation to install the public improvement(s) herein shall be in accordance with City specifications, and the obligation shall remain on the Subdivider until completion by the Subdivider, and until acceptance by the City, as provided by law. The provisions hereof shall inure to the benefit of and bind the successors and assigns of the respective parties hereto and all covenants shall be deemed to apply to and run with the title to the land. SIGNED this',2)ccl day of August, 2016. 2 122\ CITY OF IOWA CITY, IOWA By: i� 4 � JEVnes A. Throgmorto , Mayor By: lkau� A/. 9(1a';� Mar K. Karr, City Clerk STATE OF IOWA ) ) ss: JOHNSON COUNTY ) This instrument was acknowledged before me on August _ A 2016, by Steve Kohli, as a member of Steve Kohli Construction, L. Ch - L4 11�0" in an a State of Iowa STATE OF IOWA) DOUGLAS D.RU"O89 Cmeawn Nwimr 12 ss: 110-2ii JOHNSON COUNTY ) ,gyp i l 1 This instrument was acknowledged before me on August lfof- , 2016, by James A. Throgmorton and Marian K. Karr, as Mayor and City Clerk, respectively, of the City of Iowa City, Iowa. Notary Public in and for the State of Iowa KELLIE K. TU' Cummisslun Number221819 My Co Iss' n Expires 3 /bk Prepared by: Douglas D. Ruppert, 122 South Linn Street, Iowa City, IA 52240, (319) 338-9222 Return to: Douglas D. Ruppert, 122 South Linn Street, Iowa City, IA 52240 CONSERVATION EASEMENT PINE GROVE SUBDIVISION THIS AGREEMENT, made and entered into by and between Steve Kohli Construction, L.C. ("Subdivider") and the City of Iowa City, Iowa (the "City"). WHEREAS, Subdivider is the owner of certain property within the Pine Grove Subdivision containing sensitive areas as defined by the Iowa City Code of Ordinances; and WHEREAS, a Sensitive Areas Development Plan ("Plan") for said property was approved by the City on March 23, 2016 pursuant to Ordinance 16-4659, which Plan was recorded at Book 5486, Page 416, in the Records of the Johnson County Recorder's Office; and WHEREAS, in accordance with the Plan and the Iowa City Sensitive Areas Ordinance, Subdivider must establish a conservation easement area over certain property within this subdivision to mitigate the impact of development on the sensitive features; and WHEREAS, Subdivider must also perform certain management and maintenance obligations for the subdivision as set forth in the Tree Protection Plan attached as Exhibit "A" hereto. /3` AS A RESULT OF THE FOREGOING, IT IS HEREBY AGREED AS FOLLOWS: For the sum of One Dollar ($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, the Tree Protection 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 Pine Grove Subdivision, hereinafter described 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 to enter upon and perform any work reasonably necessary to effectuate these rights: (a) To preserve, protect, and maintain the easement area consistent with this Agreement; (b) To enter upon the easement area at reasonable times in order to monitor compliance with the terms of this Easement Agreement; (c) To prevent any activity on or use of the easement area that is inconsistent with purposes of this Easement, and to require the restoration of such areas or features of the easement area that may be damaged by any inconsistent activity or use pursuant to this Agreement. 2. Permitted Uses of the Easement Area. Subdivider reserves to itself, its representatives, heirs, successors, and assigns, all rights accruing from its ownership of the easement area, including the right to engage in or perrnit or invite others to engage in all uses of the easement area that are not expressly prohibited herein and that are not inconsistent with the purposes of this easement Without limiting the generality of the foregoing, the following rights are hereby expressly reserved: 0 /�k (a) Hiking; (b) Bird -watching and wildlife observation; (c) Removal of invasive trees and shrubs for species control. In the event that Subdivider desires to undertake activities not specifically permitted by the foregoing subparagraphs (a) -(c), and not specifically prohibited by the provisions of Paragraph 3 below, Subdivider shall notify the City in writing not less than thirty (30) days prior to the date Subdivider intends to undertake such activity. The notice shall describe the nature, scope, design, location, timetable, and any other material aspect of the proposed activity in sufficient detail to permit the City to make an informed judgment as to its consistency with the purposes of this easement. 3. Prohibited Uses of the Property. Any activity on or use of the easement area inconsistent with the purposes of this easement is prohibited. It shall be the responsibility of the Subdivider and/or a homeowners' association to enforce this Paragraph 3. Without limiting the generality of the foregoing, the following activities and uses are expressly prohibited: (a) Construction or erection of any building, shed, or structure; (b) Dumping of ashes, trash, rubbish, garbage, or any other materials; (c) Placing billboards, outdoor advertising structure, or advertisement of any kind on the easement area, excepting signs of a reasonable size intended for the protection of the easement area or the identification of a boundary of the easement area; (d) Any exploitation of mineral resources, by either subsurface or surface means; (e) Agricultural practices, including but not limited to, grazing, cultivating, tilling, plowing or hay cutting; 3 7i` (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; 0) 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. Temporary Construction Fencing. Subdivider and its successors in interest agree that at such time as any construction activity occurs on a Pine Grove Subdivision lot which is burdened by the conservation easement described herein and as more specifically located and shown on Exhibit "A" attached hereto, temporary chain link fencing shall be installed along the conservation easement boundary on said lot to protect the existing trees located in the conservation easement area during construction. 5. In the event that Subdivider or its successor in interest fails to maintain the property in accordance with this Agreement, the City is hereby authorized but not obligated to do the work and to charge the cost thereof to the Subdivider or its successor in interest. Subdivider acknowledges and agrees that all lots in the subdivision are specifically benefited by the preservation and maintenance of these conservation easement areas, so the cost of maintaining the easement areas and enforcing the terms of this Agreement shall be borne by all lots within the subdivision. 6. Subdivider does hereby covenant with the City that it is lawfully seized and possessed of the real estate above described, and Subdivider has good and lawful right to convey it, or any part thereof. 7. Nothing in this Agreement shall be construed to impose an obligation on the City to exercise any of its rights under this Agreement or perform any maintenance or monitoring of the easement area, which obligation shall remain on the Subdivider or its successor in interest. 8. The provisions hereof shall inure to the benefit of and bind the successors and assigns of the respective parties hereto, and all covenants shall apply to and run with the land and with title to the land. Dated this -Snl- day of August, 2016. 53 Steve Kohli, Member CITY OF IOWA CITY, IOWA By: Ja es A. Throgmorton, Ma or ATTEST: By.�!llnz� •firms Marian K. Karr, City Clerk 61 L.C. STATE OF IOWA ) ) ss: JOHNSON COUNTY ) This instrument was acknowledged before me on August �, 2016, by Steve Kohli, as Member of Steve Kohli Construction, L.C. 4Nota+Pc and the ate of Iowa�yyyyy 4� wYMI�YQ NY►�iMl STATE OF IOWAIU ),�: ComoiwionNum6trt11oN 1ylCo ' 'oaElQi�t ss: JOHNSON COUNTY ) This instrument was acknowledged before me on August /44, 2016, by James A. Throgmorton and Marian K. Karr, as Mayor and City Clerk, respectively, of the City of Iowa City, Iowa. Notary Public in and for the State of Iowa KELLIE K. TUTTLE Commission Number 221919 - *V1 My Co miss' n Expires I. EXHIBIT "A1l ---I N ttE5' 1. El1LP ALL TOPSOIL N DISTURBED AREAS AND STOCOUE ON SITE BURNS EmsR ERESTBRRUTEMESTOCKPILED TOPSOIL DISTURBED AREAS MEN CONSTRUCTION IS COMPLETED. a A BREL PROTECTION PI -AN INEwMNG ME LOCATOR OF PROTECTYE FENCING YALECE APPROVED BY ME CITY FORESTER PWOR TO GRADING AND ME ISSUANCE OF BUILDING PERMITS FOR DOE NOMIDUAL LOT. FOR LOTS 7 MRU 9 ME RAN ALL NCLUDE PROTEGTVE FENCING AROUND ME REDNAALES ADJACENT i0 HUMMINGBIRD LANE MAT ARE NOT GONG TO BE REMOYED FOR ME STREET AND INFRASTRUEBJRE NSTALLAtM ME PROTECTVE FENCING MLL ALLOW FOUR ME DRIVEWAY$ IN ME IOCAY.S AS 5.0. ON ME SENSTBA AREAS DEALWMENT PLAN EROSION CONTROL LEGEND • RL 1pEE^EUR BEER FORMEA9Ll RN¢ TGPERARY SOL 3mCRPAE AREA 1 -9 [rvIPu:EENn WSTAAM OibFWMY Pupxc ARA SMA¢ /EW WOrt nA9Mli MR mMwMPPESMOW i�G+uS SICE) In sWPP. E. FEET FI PETER 5— m>,wD om. Aeon. FLAP PREBYP 6 O'E'LAND ROn QWRR,, R FR c... 4A5,E RR A- -- RRprec,w QDME, 4EAVIIN. Ens.R 4uwa. OOMp 4PSYIC AEomUSTLE TERS M9E (BRM MINA.ME. BY S LL .' 0 9,E IA.R. 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ANS REIART Wn'WM1 YE 9RFRS THAT Gulp N umw Sl FKIDS EAR Y.a ,.A n4 PREPIME�uv .RI u�. PRE M . TIESNAE ME MP LCCAE% V SAID 4E. EEL MS PU IOULEVINA �.W.An. R lt,. h Sl FGR ASND ..ARE T ME GTT RIEFIX. 70 L. A vYE Nmapw P. T, :Kx. saL ME V.—O,N SIAEN L 1.. N't. PUL PARI, ARD ME Prc mcvw m6RR PWTRACTR MML I. BE. sODo ow ♦,tLE A 'N M[ I'M OF .,E IpR Rp251V: Al UA I E BEET NTARE 9.33 AC M M CMLENGINEERS LANO PLANNERS LANDSURVEYORS LANDSCAPEARCHLIECTS ENVIRONMENTAL SPECXISTS 19173. GR➢ERT Si. C I. m, pWAE D. GRADING AND EROSION CONTROL PLAN. SWPPP AND TREE PROTECTION PLAN PINE GROVE IOWA CITY JOHNSON COUNTY IOWA MMS CONSULTANTS, INC. i COLO. 05/04/16 X1131 ,M. IowAcm 6643005 �'� Illlllllllllllllllllllllllllllllllllllllllllllllilllllllllllllllllllllllllllllll ��®� Doc ID: 026468040050 Type: GEN `r VIII MIs'�� Kind: SUBDIVISION'! Recorded: 10/17/2016 at 01:40:28 PM 11� Fee Amt: $252.00 Page 1 of 50 Johnson County Iowa —Vwh Kim Painter County Recorder CITY OF IOWA CITY EK5575 PG929-978 410 East Washinglon Street Iowa City. Iowa 52240-1826 (3 19) 356-5000 (319)356-5009 FAX STATE OF IOWA ) www.icgov.org ) SS JOHNSON COUNTY ) Q I, Marian K. Karr, City Clerk of Iowa City, Iowa, do hereby certify that the Resolution attached Q hereto is a true and correct copy of Resolution No. 16-187, which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 6th day of June, 2016, all a5 the same appears of record in my office. Also attached are the final legal documents for Southgate Addition, Part Two — Iowa City, Iowa. Q Dated at Iowa City, Iowa, this 11 day of (/Tit/ , 2016. �22� 2"2 MarianT&.Karr City Clerk pati fires subdivision co PON[k 3'Y 5C Prepared by: Marti Wolf, Planning Intern, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5240 (SUB16-00005) RESOLUTION NO. 16-187 RESOLUTION APPROVING FINAL PLAT OF SOUTHGATE ADDITION, PART TWO, IOWA CITY, IOWA. WHEREAS, the applicant, Equity Ventures Commercial Development, LC, filed with the City Clerk the final plat of Southgate Addition, Part Two, Iowa City, Iowa, Johnson County, Iowa; and WHEREAS, said subdivision is located on the following -described real estate in Iowa City, Johnson County, Iowa, to wit: A PORTION SOUTHGATE ADDITION, PART 1 AND AUDITOR'S PARCEL 99006, BOTH LYING IN THE SOUTHEAST ONE-QUARTER OF THE SOUTHWEST ONE-QUARTER, SECTION 15, 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 AUDITOR'S PARCEL 99006, JOHNSON COUNTY, IOWA, IN ACCORDANCE WITH THE PLAT THEREOF RECORDED IN PLAT BOOK 39, AT PAGE 252, IN THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE; THENCE S00003'05"E, ALONG THE EAST LINE OF SAID AUDITOR'S PARCEL 99006, A DISTANCE OF 145.35 FEET; THENCE S01°42'20"E, ALONG SAID EAST LINE, 78.34 FEET, TO THE SOUTHEAST CORNER THEREOF; THENCE N89°36'29"W, ALONG THE SOUTH LINE OF SAID AUDITOR'S PARCEL 99006, A DISTANCE OF 95.30 FEET, TO THE SOUTHWEST CORNER THEREOF; THENCE N00023'45"W, ALONG THE WEST LINE OF SAID AUDITOR'S PARCEL 99006, A DISTANCE OF 13.62 FEET, TO A POINT ON THE SOUTH LINE OF THE BOUNDARY SURVEY AND LEGAL DESCRIPTION, IN ACCORDANCE WITH THE PLAT THEREOF RECORDED IN PLAT BOOK 31, AT PAGE 39, IN THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE; THENCE S89°59'52"W, ALONG THE SOUTH LINE OF SAID BOUNDARY SURVEY AND LEGAL DESCRIPTION, 210.71 FEET, TO THE SOUTHWEST CORNER THEREOF; THENCE N00018'27"W, ALONG THE WEST LINE OF SAID BOUNDARY SURVEY AND LEGAL DESCRIPTION, 24.89 FEET, TO THE NORTHWEST CORNER THEREOF, AND A POINT ON THE SOUTH LINE OF SOUTHGATE ADDITION, PART 1, IOWA CITY, IOWA, IN ACCORDANCE WITH THE PLAT THEREOF RECORDED IN PLAT BOOK 9, AT PAGE 54, IN THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE; THENCE N89°58'06"W, ALONG SAID SOUTH LINE, AND ITS WESTERLY EXTENSION THEREOF, 248.61 FEET, TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF S. GILBERT STREET; THENCE NORTHEASTERLY, 158.76 FEET, ALONG SAID EASTERLY RIGHT-OF-WAY LINE, AND AN ARC OF A 1105.83 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY, WHOSE 158.62 FOOT CHORD BEARS N33°31'52"E; THENCE N37°57'38"E, ALONG SAID EASTERLY RIGHT-OF-WAY LINE, 6.44 FEET; THENCE NORTHEASTERLY, 218.71 FEET; ALONG SAID EASTERLY RIGHT-OF-WAY LINE, AND AN ARC OF A 914.55 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY, WHOSE 218.19 FOOT CHORD BEARS N31°07'35"E; THENCE N11°33'00"E, ALONG SAID EASTERLY RIGHT- OF-WAY LINE, 0.74 FEET, TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF U.S. HIGHWAY NO. 6; THENCE S78°27'00"E, ALONG SAID SOUTH RIGHT-OF-WAY LINE, 159.69 FEET; THENCE S70°58'34"E, ALONG SAID SOUTH RIGHT-OF-WAY LINE, 74.50 FEET; THENCE S11019'06"W, ALONG SAID SOUTH RIGHT-OF-WAY LINE, 40.48 FEET; THENCE S70°57'37"E, ALONG SAID SOUTH RIGHT-OF-WAY LINE, AND THE NORTH LINE OF SAID AUDITOR'S PARCEL 99006, A DISTANCE OF 136.38 FEET, TO THE SAID POINT OF BEGINNING. SAID RESULTANT TRACT OF LAND CONTAINS 3.07 ACRES, AND IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. Resolution No. 16-187 Page 2 WHEREAS, the Department of Neighborhood and Development Services and the Public Works Department examined the proposed final plat and subdivision, and recommended approval; and WHEREAS, a dedication has been made to the public, and the subdivision has been made with the free consent and in accordance with the desires of the owners and proprietors; and WHEREAS, said final plat and subdivision are found to conform with Chapter 354, Code of Iowa (2015) and all other state and local requirements. 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. 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 6th day of ATTEST: IkL4,2 ` CITY ERK It was moved by trims adopted, and upon roll call there were: AYES: X NAYS: MAYOR June 12016 Approved by - City Attorneys 0�/ R�cIG� (,,Ir�lra and seconded by sotchway the Resolution be ABSENT: Botchway Dickens Dobyns Hayek Mims Payne Throgmorton pod/templates/Pinal Plat - Resolution (4).doc.doc 3/i Prepared by: Michael J. Pugh 1100 Sixth Street, Suite 102 (319) 351-2028 Pugh Hagan Prahm PLC Coralville, Iowa facsimile (319) 351-1102 SUBDIVIDER'S AGREEMENT SOUTHGATE ADDITION, PART TWO THIS AGREEMENT made by and between Inspired Mex, LLC, ATI Properties, L.L.C., and EVC Iowa City, LLC, hereinafter collectively and individually 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 Southgate Addition, Part Two, 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) Sanitary sewer as required by the City. (b) Subdivision erosion control measures as required by the City under its ordinances. The sanitary sewer is hereinafter referred to as "Improvements:' Nothing in this Agreement shall be construed to impose a requirement on the City to install the original public improvements at issue herein. Nor shall the Subdivider be deemed acting as the City's agent during the original construction and installation of said (00070328 3) -y2 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 Ordinance Compliance and Covenant. The parties hereby agree that storm water detention facilities are not required for the Subdivision. 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. During the construction of Improvements, access to Lots 2 and 3 shall be maintained at all times either via Waterfront Drive or the access drive to be constructed within the Access Easement depicted on the Final Plat. Section 4. Sidewalks. The Subdivider agrees to install those sidewalks adjacent to Lot 1 within the South Gilbert Street right-of-way located within this subdivision. 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 above, said sidewalks shall be installed prior to the issuance of an occupancy permit for a building constructed on said lot and shall remain a lien on said lot until installed and released by the City and the release duly recorded in the Johnson County Recorder's Office. Section 5. Building Permits and Escrow Monies. If the Subdivider should desire a building permit for a building on any lot in said subdivision before the Improvements have been installed, the Subdivider shall deposit with the 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, 100070328 3) 32 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. 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 2016 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 (00070328 3) ,J2 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. Miscellaneous. (a) All electrical, telephone and cable television service and distribution lines shall be installed underground. (b) Prior to issuance of any building permit for any lot in the subdivision, Subdivider shall pay to the City a water main extension fee in the amount of $1,335.45 ($435 per acre for 3.07 acres). (c) Plat notes and surveyor's notes on plats serve to provide notice of how a subdivision is expected to develop. Said notes are not intended to create any vested private interest in any stated use restriction or covenant, or create any third party beneficiaries to any noted use restriction or covenant. The City reserves the right, in its sole discretion, subject to any applicable public notice and approval process required by law, to alter or amend any plat note, or to sell or vacate any right-of-way, street, alley, park, easement, open area or other land set apart and dedicated for public use within the plat. The City further reserves the right, upon request of the owner or successor in interest, to vacate the plat and/or relocate any easement, alter lot boundaries or allow said land to be replatted subject to any applicable public notice and approval process required by law. Section 11. 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':p3 rd day of -1-rl a.4 2016. (00070328 3) .�2 [Signature page to Subdivider's Agreement] INSPIRED MEX, LLC STATE OF nsa s COUNTY OF—S W ]C k , ss: This instrument was acknowledged before me on this 23 rdday of M G 2016, by 7�%ate- as of Inspired Max, LLC. PAULALAMPMHT WTAKYPUBM STATE KAt S /� MrMvL�• {00070328 31 cu.�a Notary Public in and for aid State 51k (Signature page to Subdivider's Agreement] ATI PROPERTIES, L.L.C. ot STATE OF IOWA , COUNTY OF � , Ss: This instrument was acknowledged beforeMme n this 2 day of 2016, by as of ATI Properties, Notary Public in and for said State ------------- COURTNEYSTUBBS Notarial Seal • Iowa Commission Number 791226 My Commission Expires Jul 28, 2018 (00070328 3) [Signature page to Subdivider's Agreement] EVC IOWA CITY, LLC b24LU1M I By: l.kk 2. 5p e.W^n&ie,%r Its:Maw V- STATE OF V—jNtJSM , COUNTY OF SHY\\, 1t SEF , ss: This instrument was acknowledged before me on this day of ::Iuh2 2016, by L64� R. "De IIw„.-IL! as UQ,,,ga� c of EVC Iowa City, LLC. {00070328 3} Wary Public in and fo aid State My °fl?otr\+maw egP&5: sjs-/aoig ATTEST: [Signature page to Subdividees Agreement] an K. Karr, City Clerk CITY OF IOWA CITY, IOWA By: � 7� im Throgmortdh, Mayor STATE OF IOWA, COUNTY OF JOHNSON, ss: On thisday of 2016, before me, the undersigned, a Notary Public in and for said County an State, personally appeared Jim Throgmorton and Marian K. Karr, to me personally known, who being by me duly swom, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa, a municipal corporation; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and 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. =,KELLIE TTLEer227819Flims {00070328 3} Public in and for said State 3� CERTIFICATE OF COUNTY TREASURER SOUTHGATE ADDITION, PART TWO IOWA CITY, IOWA I, the undersigned, Treasurer of Johnson County, Iowa, or deputy thereof, hereby certify that the following described property, also known as Southgate Addition, Part Two, 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 _ jZ-I:iL day of Pn$ j 2016. Thomas L. Kriz, Treasure f Johnson County, Iowa Parcel Nos. 1015376002 1015379003 1015380002 {00070322} .�2 EXHIBIT "A" LEGAL DESCRIPTION SOUTHGATE ADDITION, PART TWO A portion Southgate Addition, Part 1 and Auditor's Parcel 99006, both lying in the Southeast One -Quarter of the Southwest One -Quarter, Section 15, 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 Auditor's Parcel 99006, Johnson County, Iowa, in accordance with the Plat thereof recorded in Plat Book 39, at Page 252, in the Records of the Johnson County Recorder's Office; Thence S00°03'05"E, along the East line of said Auditor's Parcel 99006, a distance of 145.35 feet; Thence S01042'20"E, along said East line, 78.34 feet, to the Southeast corner thereof; Thence N89036'29"W, along the South line of said Auditor's Parcel 99006, a distance of 95.30 feet, to the Southwest corner thereof; Thence N00023'45"W, along the West line of said Auditor's Parcel 99006, a distance of 13.62 feet, to a point on the South line of the Boundary Survey and Legal Description, in accordance with the Plat thereof recorded in Plat Book 31, at Page 39, in the Records of the Johnson County Recorder's Office; Thence S89°59'52"W, along the South line of said Boundary Survey and Legal Description, 210.71 feet, to the Southwest corner thereof; Thence N00°18'27"W, along the West line of said Boundary Survey and Legal Description, 24.89 feet, to the Northwest corner thereof, and a point on the South line of Southgate Addition, Part 1, Iowa City, Iowa, in accordance with the Plat thereof recorded in Plat Book 9, at Page 54, in the Records of the Johnson County Recorder's Office; Thence N89°58'06"W, along said South line, and its Westerly extension thereof, 248.61 feet, to a point on the Easterly Right -of -Way line of S. Gilbert Street; Thence Northeasterly, 158.76 feet, along said Easterly Right -of - Way line, and an arc of a 1105.83 foot radius curve, concave Southeasterly, whose 158.62 foot chord bears N33°31'52"E; Thence N37057'38"E, along said Easterly Right - of -Way line, 6.44 feet; Thence Northeasterly, 218.71 feet, along said Easterly Right -of - Way line, and an arc of a 914.55 foot radius curve, concave Northwesterly, whose 218.19 foot chord bears N31007'35"E; Thence N1 1'33'00"E, along said Easterly Right - of -Way line, 0.74 feet, to a point on the South Right -of -Way line of U.S. Highway No. 6; Thence S78027'00"E, along said South Right -of -Way line, 159.69 feet; Thence S70°58'34"E, along said South Right -of -Way line, 74.50 feet; Thence S11019'06"W, along said South Right -of -Way line, 40.48 feet; Thence S70057'37"E, along said South Right -of -Way line, and the North line of said Auditor's Parcel 99006, a distance of 136.38 feet, to the said POINT OF BEGINNING. Said Resultant Tract of Land contains 3.07 acres, and is subject to easements and restrictions of record. {00070322} 1J� CERTIFICATE OF COUNTY AUDITOR SOUTHGATE ADDITION, PART TWO IOWA CITY, IOWA I, Travis Weipert, the Johnson County Auditor, hereby approve of Southgate Addition, Part Two as a succinct and unique name for the subdivision containing the following described real estate located in Johnson County, Iowa: See Exhibit "A". Travis Weipert, JbhnsoOCou6tAuditor P-er {00070321} Date EXHIBIT "A" LEGAL DESCRIPTION SOUTHGATE ADDITION, PART TWO A portion Southgate Addition, Part 1 and Auditor's Parcel 99006, both lying in the Southeast One -Quarter of the Southwest One -Quarter, Section 15, 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 Auditor's Parcel 99006, Johnson County, Iowa, in accordance with the Plat thereof recorded in Plat Book 39, at Page 252, in the Records of the Johnson County Recorder's Office; Thence S00°03'05"E, along the East line of said Auditor's Parcel 99006, a distance of 145.35 feet; Thence S01°42'20"E, along said East line, 78.34 feet, to the Southeast corner thereof; Thence N89036'29"W, along the South line of said Auditor's Parcel 99006, a distance of 95.30 feet, to the Southwest corner thereof; Thence N00°23'45"W, along the West line of said Auditor's Parcel 99006, a distance of 13.62 feet, to a point on the South line of the Boundary Survey and Legal Description, in accordance with the Plat thereof recorded in Plat Book 31, at Page 39, in the Records of the Johnson County Recorder's Office; Thence S89°59'52"W, along the South line of said Boundary Survey and Legal Description, 210.71 feet, to the Southwest corner thereof; Thence N00°18'27"W, along the West line of said Boundary Survey and Legal Description, 24.89 feet, to the Northwest corner thereof, and a point on the South line of Southgate Addition, Part 1, Iowa City, Iowa, in accordance with the Plat thereof recorded in Plat Book 9, at Page 54, in the Records of the Johnson County Recorder's Office; Thence N89°58'06"W, along said South line, and its Westerly extension thereof, 248.61 feet, to a point on the Easterly Right -of -Way line of S. Gilbert Street; Thence Northeasterly, 158.76 feet, along said Easterly Right -of - Way line, and an arc of a 1105.83 foot radius curve, concave Southeasterly, whose 158.62 foot chord bears N33031'52"E; Thence N37057'38"E, along said Easterly Right - of -Way line, 6.44 feet; Thence Northeasterly, 218.71 feet, along said Easterly Right -of - Way line, and an arc of a 914.55 foot radius curve, concave Northwesterly, whose 218.19 foot chord bears N31007'35"E; Thence N1 1033'00"E, along said Easterly Right - of -Way line, 0.74 feet, to a point on the South Right -of -Way line of U.S. Highway No. 6; Thence S78027'00"E, along said South Right -of -Way line, 159.69 feet; Thence S70058'34"E, along said South Right -of -Way line, 74.50 feet; Thence S11°19'06"W, along said South Right -of -Way line, 40.48 feet; Thence S70°57'37"E, along said South Right -of -Way line, and the North line of said Auditor's Parcel 99006, a distance of 136.38 feet, to the said POINT OF BEGINNING. Said Resultant Tract of Land contains 3.07 acres, and is subject to easements and restrictions of record. {00070321} 3� Prepared by: Michael J. Pugh 1100 Sixth Street, Suite 102 (319) 351-2028 Pugh Hagan Prahm PLC Coralville, Iowa facsimile (319) 351-1102 OWNER'S CERTIFICATE AND DEDICATION SOUTHGATE ADDITION, PART TWO IOWA CITY, IOWA KNOW ALL MEN BY THESE PRESENTS: Inspired Max, LLC, ATI Properties, L.L.C., EVC Iowa City, LLC, and the City of Iowa City, Iowa, do hereby certify and state that they are the collective owners and proprietors of the following described real estate situation in Johnson County, Iowa, to -wit: See Exhibit "A" Inspired Mex, LLC, ATI Properties, L.L.C., EVC Iowa City, LLC, and the City of Iowa City, Iowa, do further state that the subdivision of said real estate as it appears on the Final Plat of Southgate Addition, Part Two, to which this certification and dedication is attached, is with their free consent and in accordance with the desire of said proprietors. The easements and right-of-ways in the subdivision, hereinafter known and designated as Southgate Addition, Part Two, Iowa City, Iowa, are hereby dedicated to the public, as provided by Chapter 354 of the 2015 Code of Iowa, as amended. IN WITNESS WHEREOF, the proprietors have caused these presents to be signed on this.90 day of 2016. (Signature Page Follows] {00070325 3) 3""' [Signature Page of Owner's Certificate and Dedication] INSPIRED MEX, LLC STATE OF Jt Sas COUNTY OF-5ea�4 w ; ck, , ss: This instrument was acknowledged Mao- 2016, by Notary Public in and f r said State before me on this Z37-01day of 1pa,> > d R IQ as of Inspired Mex, LL PAUTALAMIRECK KOTARYPUBLIC STATEO�KKM&g_/tn MY PPL 4 {00070325 3} 3� [Signature Page of Owner's Certificate and Dedication] ATI PROPERTIES, L.L.C. Byj MVrw Its: — STATE OF '10Wa , COUNTY OF ` b 1'^ 4SUyl _'Ss: was acknowledgedfo me o this day of 2016, by as Nbk -pf ATI Properties, L.L.C. Notary Public in and for said State COURTNEY STUBBS Notarial Seal - Iowa Commission Number 791229 My Commission Expires Jul 28, 2018 {00070325 31 151- [Signature Page of Owner's Certificate and Dedication] EVC IOWA CITY, LLC STATE OF IGANSIk% , COUNTY OF SlAlk. AIEF, , ss: This instrument was acknowledged before me on this _24 day of :3A k . •e_ 2016, by « as Yule ,r— of EVC Iowa Cit , LLC. �. sCy��UKR� o� �rlt�sr— ��; • "'• ' • .0�,tar in and fot said State Aky {PDiA-4neAk eygires: 5'5I2018 Na . �euc J {00070325 3} 15;1- [Signature Page of Owner's Certificate and Dedication] CITY OF IOWA CITY, IOWA By: � Oim ThrogmortoK Mayor ATTEST: By: 2�—) X . Amt/ Marian K. Karr, City Clerk STATE OF IOWA, COUNTY OF JOHNSON, ss: On this 25+4A day of 2016, before me, the undersigned, a Notary Public in and for said County and State, personally appeared Jim Throgmorton and Marian K. Karr, to me personally known, who being by me duly swom, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa, a municipal corporation; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and 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. VW {00070325 3} 14LL-c,-e' l-� 1,tiAC0' Notary Public in and for said State 3P- EXHIBIT "A" LEGAL DESCRIPTION SOUTHGATE ADDITION, PART TWO A portion Southgate Addition, Part 1 and Auditor's Parcel 99006, both lying in the Southeast One -Quarter of the Southwest One -Quarter, Section 15, 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 Auditor's Parcel 99006, Johnson County, Iowa, in accordance with the Plat thereof recorded in Plat Book 39, at Page 252, in the Records of the Johnson County Recorder's Office; Thence S00003'05"E, along the East line of said Auditor's Parcel 99006, a distance of 145.35 feet; Thence S01042'20"E, along said East line, 78.34 feet, to the Southeast corner thereof; Thence N89036'29"W, along the South line of said Auditor's Parcel 99006, a distance of 95.30 feet, to the Southwest corner thereof; Thence N00°23'45"W, along the West line of said Auditor's Parcel 99006, a distance of 13.62 feet, to a point on the South line of the Boundary Survey and Legal Description, in accordance with the Plat thereof recorded in Plat Book 31, at Page 39, in the Records of the Johnson County Recorder's Office; Thence S89059'52"W, along the South line of said Boundary Survey and Legal Description, 210.71 feet, to the Southwest corner thereof; Thence N00018'27"W, along the West line of said Boundary Survey and Legal Description, 24.89 feet, to the Northwest corner thereof, and a point on the South line of Southgate Addition, Part 1, Iowa City, Iowa, in accordance with the Plat thereof recorded in Plat Book 9, at Page 54, in the Records of the Johnson County Recorders Office; Thence N89058'06"W, along said South line, and its Westerly extension thereof, 248.61 feet, to a point on the Easterly Right -of -Way line of S. Gilbert Street; Thence Northeasterly, 158.76 feet, along said Easterly Right - of -Way line, and an arc of a 1105.83 foot radius curve, concave Southeasterly, whose 158.62 foot chord bears N33°31'52"E; Thence N37°57'38"E, along said Easterly Right - of -Way line, 6.44 feet; Thence Northeasterly, 218.71 feet, along said Easterly Right -of - Way line, and an arc of a 914.55 foot radius curve, concave Northwesterly, whose 218.19 foot chord bears N31007'35"E; Thence N1 1033'00"E, along said Easterly Right - of -Way line, 0.74 feet, to a point on the South Right -of -Way line of U.S. Highway No. 6; Thence S78°27'00"E, along said South Right -of -Way line, 159.69 feet; Thence S70058'34"E, along said South Right -of -Way line, 74.50 feet; Thence S11°19'06"W, along said South Right -of -Way line, 40.48 feet; Thence S70057'37"E, along said South Right -of -Way line, and the North line of said Auditor's Parcel 99006, a distance of 136.38 feet, to the said POINT OF BEGINNING. Said Resultant Tract of Land contains 3.07 acres, and is subject to easements and restrictions of record. {00070325 3} 31� Prepared by: Michael J. Pugh 1100 Sixth Street, Suite 102 (319) 351-2028 Pugh Hagan Prahm PLC Coralville, Iowa facsimile (319) 351-1102 OPINION OF ATTORNEY SOUTHGATE ADDITION, PART TWO IOWA CITY, IOWA 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 Southgate Addition, Part Two, is in ATI Properties, L.L.C., Inspired Mex, LLC, EVC Iowa City, LLC, and City of Iowa City, Iowa, free and clear of all liens and encumbrances except for the following: A. A Commercial Construction Real Estate Mortgage in favor of Alliance Bank, given by EVC Iowa City, LLC, which mortgage is dated May 20, 2016, and was recorded June 2, 2016, in Book 5512, at Page 1 of the records of Johnson County, Iowa; and B. Assignment of Leases and Rents in favor of Alliance Bank, given by EVC Iowa City, LLC, which document is dated May 25, 2016, and was recorded June 2, 2016 in Book 5512, at Page 10 of the records of Johnson County, Iowa. Dated at Coralville, Iowa, this /g 04 day of July, 2016. Michael J. Pugh Pugh Hagan Prahm PLC 1100 Sixth Street, Suite 102 Coralville, IA 52241 {00070324 31 3r EXHIBIT "A" LEGAL DESCRIPTION SOUTHGATE ADDITION, PART TWO Beginning at the Northeast corner of Auditor's Parcel 99006, Johnson County, Iowa, in accordance with the Plat thereof recorded in Plat Book 39, at Page 252, in the Records of the Johnson County Recorder's Office; Thence S00°03'05"E, along the East line of said Auditor's Parcel 99006, a distance of 145.35 feet; Thence S01 042'20"E, along said East line, 78.34 feet, to the Southeast corner thereof; Thence N89°36'29"W, along the South line of said Auditor's Parcel 99006, a distance of 95.30 feet, to the Southwest corner thereof; Thence N00023'45"W, along the West line of said Auditor's Parcel 99006, a distance of 13.62 feet, to a point on the South line of the Boundary Survey and Legal Description, in accordance with the Plat thereof recorded in Plat Book 31, at Page 39, in the Records of the Johnson County Recorder's Office; Thence S89°59'52"W, along the South line of said Boundary Survey and Legal Description, 210.71 feet, to the Southwest corner thereof; Thence N00'1 8'27"W, along the West line of said Boundary Survey and Legal Description, 24.89 feet, to the Northwest corner thereof, and a point on the South line of Southgate Addition, Part 1, Iowa City, Iowa, in accordance with the Plat thereof recorded in Plat Book 9, at Page 54, in the Records of the Johnson County Recorder's Office; Thence N89°58'06"W, along said South line, and its Westerly extension thereof, 248.61 feet, to a point on the Easterly Right -of -Way line of S. Gilbert Street; Thence Northeasterly, 158.76 feet, along said Easterly Right - of -Way line, and an arc of a 1105.83 foot radius curve, concave Southeasterly, whose 158.62 foot chord bears N33°31'52"E; Thence N37057'38"E, along said Easterly Right - of -Way line, 6.44 feet; Thence Northeasterly, 218.71 feet, along said Easterly Right -of - Way line, and an arc of a 914.55 foot radius curve, concave Northwesterly, whose 218.19 foot chord bears N31°07'35"E; Thence N11°33'00"E, along said Easterly Right - of -Way line, 0.74 feet, to a point on the South Right -of -Way line of U.S. Highway No. 6; Thence S78°27'00"E, along said South Right -of -Way line, 159.69 feet; Thence S70°58'34"E, along said South Right -of -Way line, 74.50 feet; Thence S11019'06"W, along said South Right -of -Way line, 40.48 feet; Thence S70057'37"E, along said South Right -of -Way line, and the North line of said Auditor's Parcel 99006, a distance of 136.38 feet, to the said Point of Beginning. {00070324 3} 311- CONSENT OF MORTGAGEE TO SUBDIVISION SOUTHGATE ADDITION, PART TWO IOWA CITY, IOWA The undersigned, Alliance Bank, is the Mortgagee of the Mortgage from the following: A. A mortgage from EVC Iowa Cityy, LLC to Alliance Bank, which mortgage is dated /j'I!r!!�!j 2o, a0*,, and was recorded JlAne ol,,o/(o, in Book! 5/ai, at Page / of the records of Johnson County, Iowa. Said Mortgage constitutes a lien on that property to be designated as Southgate Addition, Part Two legally described on the attached Exhibit "A". The undersigned Mortgagee, pursuant to the provisions of Chapter 354, Code of Iowa, does hereby consent to the platting of this subdivision by ATI Properties, L.L.C., Inspired Mex, LLC, and EVC Iowa City, 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. Dated this 01�? day of Awlk , 2016. STATE OF ��Y1S e%S COUNTY OF S YY wr)ci , ss: r This instrument was acknowledged before me on this 2'1-1 day of &4le, , 2016, by-�Gcc1�.-� L- AndzfneN as COMrheyC%ckN �x+r�t %v% 090-kc{r of Alliance Bank. Notary Public inQand for said State WOTABY P�Ev HMyyA {00075137} EXHIBIT "A" LEGAL DESCRIPTION SOUTHGATE ADDITION, PART TWO A portion Southgate Addition, Part 1 and Auditors Parcel 99006, both lying in the Southeast One -Quarter of the Southwest One -Quarter, Section 15, Township 79 North, Range 6 West, of the Fifth Principal Meridian, Iowa City, Johnson County, Iowa, described as follows: BEGINNING at the Northeast comer of Auditors Parcel 99006, Johnson County, Iowa, in accordance with the Plat thereof recorded in Plat Book 39, at Page 252, in the Records of the Johnson County Recorder's Office; Thence S00°03'05"E, along the East line of said Auditor's Parcel 99006, a distance of 145.35 feet; Thence S01042'20"E, along said East line, 78.34 feet, to the Southeast corner thereof; Thence N89036'29"W, along the South line of said Auditor's Parcel 99006, a distance of 95.30 feet, to the Southwest corner thereof; Thence N00023'45"W, along the West line of said Auditor's Parcel 99006, a distance of 13.62 feet, to a point on the South line of the Boundary Survey and Legal Description, in accordance with the Plat thereof recorded in Plat Book 31, at Page 39, in the Records of the Johnson County Recorder's Office; Thence S89059'52"W, along the South line of said Boundary Survey and Legal Description, 210.71 feet, to the Southwest corner thereof; Thence N00°18'27"W, along the West line of said Boundary Survey and Legal Description, 24.89 feet, to the Northwest corner thereof, and a point on the South line of Southgate Addition, Part 1, Iowa City, Iowa, in accordance with the Plat thereof recorded in Plat Book 9, at Page 54, in the Records of the Johnson County Recorder's Office; Thence N89058'06"W, along said South line, and its Westerly extension thereof, 248.61 feet, to a point on the Easterly Right -of -Way line of S. Gilbert Street; Thence Northeasterly, 158.76 feet, along said Easterly Right -of - Way line, and an arc of a 1105.83 foot radius curve, concave Southeasterly, whose 158.62 foot chord bears N33°31'52"E; Thence N37057'38"E, along said Easterly Right - of -Way line, 6.44 feet; Thence Northeasterly, 218.71 feet, along said Easterly Right -of - Way line, and an arc of a 914.55 foot radius curve, concave Northwesterly, whose 218.19 foot chord bears N31007'35"E; Thence N11033'00"E, along said Easterly Right - of -Way line, 0.74 feet, to a point on the South Right -of -Way line of U.S. Highway No. 6; Thence S78°27'00"E, along said South Right -of -Way line, 159.69 feet; Thence S70058'34"E, along said South Right -of -Way line, 74.50 feet; Thence S11019'06"W, along said South Right -of -Way line, 40.48 feet; Thence S70°57'37"E, along said South Right -of -Way line, and the North line of said Auditor's Parcel 99006, a distance of 136.38 feet, to the said POINT OF BEGINNING. Said Resultant Tract of Land contains 3.07 acres, and is subject to easements and restrictions of record. {00075137} 19- Prepared by: Michael J. Pugh 1100 Sixth Street, Suite 102 (319) 351-2028 Pugh Hagan Prahm PLC Coralville, Iowa facsimile (319) 351-1102 PUBLIC ACCESS AND FIRE APPARATUS EASEMENT AGREEMENT SOUTHGATE ADDITION, PART TWO THIS AGREEMENT, made and entered into by and between Inspired Mex, LLC, ATI Properties, L.L.C., and EVC Iowa City, LLC (collectively "Subdivider'), which expression shall include their successors in interest and assigns, and the City of Iowa City, Iowa (the "City"), which expression shall include its successors in interest and assigns. It is hereby agreed as follows: 1. For the sum of $1.00 plus other valuable consideration, the receipt of which is hereby acknowledged, Subdivider hereby grants and conveys to the City an easement for the purpose of access over and across the areas designated as "Access Easement," as shown on the Final Plat of Southgate Addition, Part Two, hereafter described as "easement area". 2. The Subdivider agrees that it or its successors and assigns, as a covenant running with the land, shall at its expense keep the easement area in good condition and shall repair and maintain the same as may be appropriate for the purposes for which these easements have been granted. The responsibility for maintenance will include, but is not limited to, keeping the easement area as free as possible of snow, ice, dirt and debris. The City shall have no responsibility for maintaining the easement area. 3. Notwithstanding the foregoing, the Subdivider, and its successors and assigns, may form a nonprofit corporation to be an Owners Association (Association) through which its maintenance obligations contained herein may be fulfilled. Provided further that the Subdivider, or its successors and assigns, may convey any portion of the real estate over which the easements run within the Subdivision to the Association, which conveyance will be subject to this Agreement as a covenant running with the land. (00070326 2) 15?- 4. Subdivider does hereby covenant with the City that it is lawfully seized and possessed of the real estate above described, and Subdivider has a good and lawful right to convey it, or any part thereof. 5. Nothing in this Agreement shall be construed to impose a requirement on the City to install the original public improvement at issue herein. Nor shall Subdivider be deemed acting as the City's agent during the original construction and installation of said improvement. Parties agree that the obligation to install the public improvement(s) herein shall be in accordance with City specifications, and the obligation shall remain on Subdivider until completion by Subdivider, and until acceptance by the City, as by law provided. 6. This Easement includes the following: a. City service vehicles are granted a means of ingress, egress, and passage over the access easement area. b. The City's police department is authorized to ticket, tow, or cause to be towed, pursuant to the Code of Iowa, as amended, any motor vehicle that has been parked or placed upon the easement area in violation of the parking laws of the City and the State of Iowa. This agreement shall serve as appropriate notice for such authorization to City's police department under the Code of Iowa, as amended. Subdivider shall place the easement and agreement of record as its sole obligation to notify all persons who may improperly park on said easementlaccess areas. C. City's fire department is granted an easement with the right of access over and across each of the streets in Southgate Addition, Part Two and the easement area. Said right of access includes the right of non -emergency access and posting for purposes of enforcing fire safety standards under the Uniform Fire code, as amended. 7. The provisions hereof shall inure to the benefit of and bind the successors and assigns of the respective Parties hereto, and all covenants shall apply to and run with the land and with the title to the land. Dated thisoi3 rd day of M a,,4 , 2016. (Signature age Follows] {00070326 2} [Signature Page of Public Access and Fire Apparatus Easement Agreement] INSPIRED MEX, LLC i STATE OF Xr sas COUNTY OF,5eGIaui iGIC , ss: This instrument was acknowledged before me this 2S day of yl 2016, by �u i d o rd /Q � as C�jrYW.,la, ,er of Inspired Max, LLC. PAULALWMCHT NOTARY PUBLIC WALE OF KANSAS MYW E9• la-- o- ! {00070326 21 Notary Public in and for gaid State 3� [Signature Page of Public Access and Fire Apparatus Easement Agreement] ATI PRr1PFRTIFS I I r'. STATE OF IOWN , COUNTY OF V , ss: &)9 This instrument was acknowledged f re e thi ay of V V 2016, by �� as ot ATI Properties, L.L.C. Notary Public in and for said State COURTNEY STUBBS Notarial Seal -Iowa Commission Number 791226 My Commission Expires Jul 28, 2018 (00070328 2) ([Signature Page of Public Access and Fire Apparatus Easement Agreement] EVC IOWA CITY, LLC 0141TIRROMMI STATE OF k IAtNSAS , COUNTY OF SHWWZJEE ss: This instrument was acknowledged before me on this day of �uv�t , 2016, by L,ukc. R.Syf-U as of EVC Iowa City, LLC. t L. Sc XldylUx "' •.�'F�o Wary in and for aid State ypo,n+r z.1- expires: 51 IAD)k �euc ]r P5 {00070326 21 [Signature Page of Public Access and Fire Apparatus Easement Agreement] CITY OF IOWA CITY, IOWA By: 1;i��2 ?5zt� Jim Throgmortorf, Mayor FAMM11N By: l[l -x� -k . Mirian K. Karr, City Clerk STATE OF IOWA, COUNTY OF JOHNSON, ss: On this 25�` day of 2016, before me, the undersigned, a Notary Public in and for said County and S State, personally appeared Jim Throgmorton and Marian K. Karr, to me personally known, who being by me duly swom, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa, a municipal corporation; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and 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. s KELLIEK.TUITLE �G-���-� K i? Commisslon Number 221879 - ,. I,�y o miss) nExplres Notary Public in and for said State OYl m {00070326 21 3�" Prepared by: Michael J. Pugh 1100 Sixth Street, Suite 102 (319) 351-2028 Pugh Hagan Prahm PLC Coralville, Iowa facsimile (319) 351-1102 SANITARY SEWER EASEMENT AGREEMENT SOUTHGATE ADDITION, PART TWO THIS AGREEMENT, made and entered into by and between Inspired Max, LLC, ATI Properties, L.L.C., and EVC Iowa City, LLC (collectively "Subdivider'), which expression shall include their successors in interest and assigns, and the City of Iowa City, Iowa (the "City'), which expression shall include its successors in interest and assigns. It is hereby agreed as follows: For the sum of $1.00 plus other valuable consideration, the receipt of which is hereby acknowledged, Subdivider hereby grants and conveys to the City an easement for the purposes of excavating for and the installation, replacement, maintenance and use of such sewage lines, pipes, mains, and conduits as the City shall from time to time elect for conveying sewage, with all necessary appliances and fittings, for the use in connection with said lines, together with adequate protection therefor, and also a right of way, with the right of ingress and egress thereto, over and across the area designated as "Sanitary Sewer Easement" as shown on the Final Plat of Southgate Addition, Part Two, hereafter described as "easement area." Subdivider further grants to the City: 1. The right of grading said easement areas for the full width thereof, and to extend the cuts and fills for such grading into and onto said lands along and outside of the said easement areas to such extent as the City may find reasonably necessary. 2. The right from time to time to trim, cut down and clear away any and all trees and brush on said easement areas and also to trim, cut down and clear away any trees on either side of said easement areas which now or hereafter in the opinion of the (00070327 2) City may be a hazard to said easement areas, or which may interfere with the exercise of the City's rights hereunder in any manner. 3. The right to enter onto land beyond the easement area to conduct emergency repairs that may extend beyond the easement area, without obtaining a separate temporary easement. City's right to do such work shall be effective only upon City's prior notice to owners and with minimal disruption of the area. The City shall promptly backfill any trench made by it, and repair any damages caused by the City within the easement areas. The City shall indemnify Subdivider against unreasonable loss or damage which may occur in the negligent exercise of the easement rights by the City. Except as expressly provided herein, the City shall have no responsibility for maintaining the easement areas. Subdivider reserves the right to use said easement areas for purposes which will not interfere with the City's full enjoyment of the rights hereby granted; provided that the Subdivider shall not erect or construct any building, fence, retaining wall, or other structure, plant any trees, drill or operate any well, or construct any reservoir or other obstruction on said areas, or diminish or substantially add to the ground cover over said easement areas. Any such improvements placed in the easement area, with or without City approval, may be removed by the City without compensation or replacement. Subdivider does hereby covenant with the City that it is lawfully seized and possessed of the real estate above described, and Subdivider has a good and lawful right to convey it, or any part thereof. Nothing in this Agreement shall be construed to impose a requirement on the City to install the original public improvement at issue herein. Nor shall Subdivider be deemed acting as the City's agent during the original construction and installation of said improvement. Parties agree that the obligation to install the public improvement(s) herein shall be in accordance with City specifications, and the obligation shall remain on Subdivider until completion by Subdivider, and until acceptance by the City, as by law provided. The provisions hereof shall inure to the benefit of and bind the successors and assigns of the respective Parties hereto, and all covenants shall apply to and run with the land and with the title to the land. Dated this r� day of 2016. (Si ature Page Follows] 100070327 2] [Signature Page of Sanitary Sewer Easement Agreement] INSPIRED MEX, LLC �1 Mv Mims --a "M AMM79M J STATE OF Xd n Sas COUNTY OF_ cia u i ss: This instrument was acknowledged before mg., on this o2.3 rd day of 2016, by I�u)d ICal�j� as aa -i-8 41Rr— of Inspired Mex, LLC. PAULALAMPRECK NOTARYPUBILM STATE OF KANSAS My AWL Eq. /a )o_!L (00070327 2) Notary Public in and f r said State 3"),- [Signature Page of Sanitary Sewer Easement Agreement] ATI PROPERTIES, L.L.C. By: VAA Its: STATE OF NR , COUNTY OF ffis! ill► I , ss: his itrument was acknowledged b f onb t is ay of V 2016, by F Mnlwar as of ATI Properties, L.L.C. Notary Public in and for said State COURTNEY STUBBS Notarial Seal - Iowa Commission Number 791226 My Commission Expires Jul 28, 2018 {00070327 21 3�' (Signature Page of Sanitary Sewer Easement Agreement] EVC IOWA CITY, LLC STATE OF �C IANSINS , COUNTY OF SHIA%.3PIEE , ss: This instrument was acknowledged before me on this �� day of LA in 2016, by wk -v- "ex as v.a52y' of EVC Iowa Cit , LLC. � /- ............. SCHFj�� J O N6fary Public in and for said State t�PTApk '. M My 4fPoi✓1 iM"1 eXPiV 5/5'/a0IS E� `t OLeur, {00070327 2} 3� [Signature Page of Sanitary Sewer Easement Agreement] CITY OF IOWA CITY, IOWA By: 1�4 e7��� Vim Throgmorton, Mayor ATTEST: By: 2ii,s�r� `i: . M n K. Karr, City Clerk STATE OF IOWA, COUNTY OF JOHNSON, ss: On this 2� day of -,-j 'al-tA-- , 2016, before me, the undersigned, a Notary Public in and for said County and State, personally appeared Jim Throgmorton and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa, a municipal corporation; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and the instrument was signed and sealed on behalf of the corporation by authority of its City Council, and the said Mayor and City Clerk did acknowledge the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. Vim1979resNotary Public in and for said State 100070327 2} 3� Prepared by: Michael J. Pugh 1100 Sixth Street, Suite 102 (319) 351-2028 Pugh Hagan Prahm PLC Coralville, Iowa facsimile (319) 351-1102 PRIVATE WATER MAIN ACCESS EASEMENT AGREEMENT SOUTHGATE ADDITION, PART TWO This PRIVATE WATER MAIN ACCESS EASEMENT AGREEMENT, made and entered into by and between Inspired Mex, LLC, ATI Properties, L.L.C., and EVC Iowa City, LLC (collectively "Subdivider"), which expression shall include their successors in interest and assigns, and the City of Iowa City, Iowa (the "City'), which expression shall include its successors in interest and assigns. WHEREAS, in conjunction with the development of Southgate Addition, Part Two (the "Subdivision"), Subdivider shall install a private water main that will service the Subdivision and which shall be maintained exclusively by the Subdivider; and WHEREAS, in consideration of the City's approval of the Final Plat of the Subdivision, the parties desire to enter into this Agreement granting the City certain rights related to the private water main. It is hereby agreed as follows: 1. For the sum of $1.00 plus other valuable consideration, the receipt of which is hereby acknowledged, Subdivider hereby grants and conveys to the City an easement for the purpose of access over and across the area designated as "Private Water Main Easement," as shown on the Final Plat of Southgate Addition, Part Two, hereafter described as "easement area", for the purpose of allowing the City to repair the private water main in the event the Subdivider fails to do so in case of non -emergency repairs and after the City provides Subdivider thirty (30) days written notice that such repairs are required, or in the event of an emergency. 2. The Subdivider agrees that it or its successors and assigns, as a covenant running with the land, shall, at its expense, keep the private water main and easement area in good condition and shall repair and maintain the same as may be (00074387 2) z;"- appropriate for the purposes for which this easement has been granted. The City shall have no responsibility for maintaining the private water main and easement area. 3. Notwithstanding the foregoing, the Subdivider, and its successors and assigns, may form a nonprofit corporation to be an Subdivider's Association (Association) through which its maintenance obligations contained herein may be fulfilled. Provided further that the Subdivider, or its successors and assigns, may convey any portion of the real estate over which the easement runs within the Subdivision to the Association, which conveyance will be subject to this Agreement as a covenant running with the land. 4. Subdivider does hereby covenant with the City that it is lawfully seized and possessed of the real estate above described, and Subdivider has a good and lawful right to convey it, or any part thereof. 5. The provisions hereof shall inure to the benefit of and bind the successors and assigns of the respective Parties hereto, and all covenants shall apply to and run with the land and with the title to the land. Dated this..:;O r4 day of MLL44 , 2016. (Signature age Follows] {00074387 21 3�" [Signature Page of Private Water Main Access Agreement] INSPIRED MEX, LLC STATE OF COUNTY O a . i ss: This instrument was acknowledged beforeme 0� this Z� rd day of Maw, 2016, by c� id A. I p ]1 as 3 Yea Baas. of Inspired Mex, LLC. PAULALAMPRECHT WTARUPUBLIC STATEO�KAR 0_ll0 MYWEv. {08074387 2} J� Notary Public in and f6r said State 3f)- [Signature Page of Private Water Main Access Agreement] ATI PROPERTIES, L.L.C. STATE OF NN , COUNTY OF NIftW , ss: T�Ti instrument was acknowledgedbe r m o hi 2 ay of C/ r 2016, by as r of AT[ Properties, L.L.C. Notary Public in and for said State COURTNEYSTUBBS Notarial Seal - Iowa Commission Number 791226 My Commission Expires Jul 28, 2018 {00074387 21 3� [Signature Page of Private Water Main Access Agreement] EVC IOWA CITY, LLC STATE OF kWS S , COUNTY OF ss: cThis instrument was acknowledged before me on this -9-4-9-4day of -3,&v, &v, -L 1 2016, by UiAkr.. R. Spc-lk,nye k e.r as A46WX5Q,r of EVC Iowa City, LLC. 71$8L �,�N ary Public in and fo aid State l=�mc M {00074387 2} 3� [Signature Page of Private Water Main Access Agreement] CITY OF IOWA CITY, IOWA By: � Jim Throgmorton, ayor ATTEST: By: 2& -// • Marian K. Karr, City Clerk STATE OF IOWA, COUNTY OF JOHNSON, ss: On this 2-54` day of :I Q �� , 2016, before me, the undersigned, a Notary Public in and for said County and State, personally appeared Jim Throgmorton and Marian K. Karr, to me personally known, who being by me duly swom, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa, a municipal corporation; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and the instrument was signed and sealed on behalf of the corporation by authority of its City Council, and the said Mayor and City Clerk did acknowledge the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. Al Notary Public in and for said State {00074387 2} 3P- Prepared by and after recording return to: Michael J. Pugh Pugh Hagan Prahm PLC 1100 Sixth Street, Suite 102 Coralville, Iowa (319) 351-2028 facsimile (319) 351-1102 PARTIAL TERMINATION OF WATER MAIN, SANITARY SEWER, STORM SEWER AND BLANKET UTILITY EASEMENT AGREEMENT RE: Southgate Addition, Part Two, A Resubdivision of Southgate Addition Part 1 and Auditor's Parcel 99006, Iowa City, Iowa, as recorded in Book Page _ in the Office of the Johnson County Recorder (the "Subdivision"). WHEREAS, pursuant to a Water Main, Sanitary Sewer, Storm Sewer and Blanket Underground Utility Easement Agreement recorded in Book 2554, Page 106, Records of Johnson County, Iowa (the "First Easement"), the City of Iowa City, on behalf of itself and MidAmerican Energy Company, TCI Cablevision, and U.S. West Communications n/k/a Centurylink, Inc., was granted an easement, together with a right-of-way with right of ingress and egress thereto, over and across the following legally described real property: Lot 2 of Amended Plat of Vacation and Preliminary and Final Plat of Disposition Parcels of the Portion of Waterfront Drive, Iowa City, Iowa, recorded in Plat Book 38, Page 330, Records of the Johnson County Recorder; WHEREAS, pursuant to a Water Main, Sanitary Sewer, Storm Sewer and Blanket Underground Utility Easement Agreement recorded in Book 3427, Page 186, Records of Johnson County, Iowa (the "Second Easement", and collectively with the First Easement, the "Easement"), the City of Iowa City, on behalf of itself and MidAmerican Energy, .Mediacom, and Qwest n/k/a Centurylink, Inc., was granted an easement, together with a right-of-way with right of ingress and egress thereto, over and across the following legally described real property: Lot 1 of Amended Plat of Vacation and Preliminary and Final Plat of Disposition Parcels of the Portion of Waterfront Drive, Iowa City, Iowa, (00073947) 3� recorded in Plat Book 38, Page 330, Records of the Johnson County Recorder; and WHEREAS, in conjunction with the platting of the Subdivision, improvements are planned to be constructed in a portion of the Easement area as depicted on Exhibit "A" (the "Vacated Area"); WHEREAS, existing utilities presently located within the Vacated Area will either be abandoned or relocated within other portions of the Easement area; NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the undersigned hereby fully and irrevocably terminate, vacate, and release that portion of the Easement as specifically designated and described on the Easement Vacation Plat attached hereto as Exhibit "A" and incorporated herein. Except for the Vacated Area, the remaining portion of the Easement shall remain in full force and effect. [Signature Pages Follow] (00073947) e [Signature Page of Partial Termination of Water Main, Sanitary Sewer, Storm Sewer and Blanket Underground Utility Easement Agreement] Dated this2-�day of S ; —krrvL L- i— , 2016. CITY OF IOWA CITY, IOWA J' Throgmorton, Mayor ATTEST: Ma ' n Karr, City Clerk STATE OF IOWA, JOHNSON COUNTY, ss: On this 1 day of �-� rv�be�, 2016, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Jim Throgmorton and Marian K. Karr, to me personally known, and who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by authority of its City Council; and that Mayor and City Clerk 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. *1 KELLIE K. FRUEHLING w commssionNumW22�t9 Notdry Public / T {00073947} '�;o (Signature Page of Partial Termination of Water Main, Sanitary Sewer, Storm Sewer and Blanket Underground Utility Easement Agreement] Dated this je day of 2016. MIDAMERICAN ENERGY COMPANY ��- By: Its:7e7Kr�tV.UvS� UP Pevti:��r.s-_la•trYMK%q v J STATE OF IOWA, Y U^°u COUNTY, ss: This instrument was ..r .$ day of 0 r[1�, yam,*- as Cwwdsftn Nwiftr 756317 Notary R. {00073947} [Signature Page of Partial Termination of Water Main, Sanitary Sewer, Storm Sewer and Blanket Underground Utility Easement Agreement] Dated this day of 2016. CENTURYLINK, INC. By: rr Its: STATE OF IOWA, �COUNTY, ss: This instrument was acknowledged before me on this /3t day of �2fl 2016, by bpailbs taw as �VtRui,EW ZL of Centurylink, Inc. VGINALE LANDAU�Hju"�°E„,3� Nota Publ a0., {00073947} --!2q [Signature Page of Partial Termination of Water Main, Sanitary Sewer, Storm Sewer and /Blanket Underground Utility Easement Agreement] Dated this 1 day of , 2016. 11 MEDIACOM Ac G Z-� By: t cc.e L -e. l Its:yw 0 STATE OF IOWA, ) III COUNTY, ss: / This instrument was acknowled,9�� before �e gn this L day of A -y1 2016, by J t'G119r1/) L (a 1l I r— as -L5� Vi'Le eVi GYt E' of Mediacom. Notary Public F �CHERVLJACKSON CommWonMiner769437 My CemmEsdonExpheaW August 30, 2% {00073847} 3� EXHIBIT "A11 EASEMENT VACATION PLAT A PORTION OF LOTS 1 AND 2 OF DISPOSITION PARCELS OF A PORTION OF WATERFRONT DRIVE AND A PORTION OF VACATED WATERFRONT DRIVE IOWA CITY, JOHNSON COUNTY, IOWA '-FFPASID Fr um rsNmmurn taHsaTol6 wa tsTs moon sr. Tau am NFA ena p1a}at-arm LOf1-LwronraTawmvemme PTOPWcRAi tN3-W9PIPF➢MIXIIG sunveysSDUPasper: ewTTrvlsmlms mmrgrscw.nEvaownear.lc a 'sumD>• 1eDFaeuia+o RTJT OFW f1RNT '1. NQSRffA,T CO2VFR W LDT 1 SOJIHG� PDOmOX, � LOTS sOulrHOATCE AMT000@7, PART 9 �a ` N r vAze Aee5t VCG MIM TE f1AT TtHYOT FCLQ6®N MT 6:J< 9 \ et cf rrc ueams v rrs JRSFLit rgN1Y 5 GFLC POINT OF _� WJWeW� LOT 3 SOUTH CRATE An®7T000 m, PART 9 N KCOmMILC W11M Tre Far TtCPS'Lr RELY N aAr can d . AT PAS S1 Q ItC �.� Gr LIC JRfYQJ cQfRY R�9 G7� Q� LEGEND AND NOTES GUN 0. MS Ha. vwvODr a/ I S s<ctlw uNE.s =04 — — — — -- PoQ1T- YIAY Lem - RNWR NNC - lyf IINEi PIAOtT eY O.TD ______ ______ _ _ NC FASFAIXI YX3. PUMOSE NOIFJ (p) RODE - nLC6mcT n M6Asulan Ol oaoacs Ct3 1 NINn - mw56VENT NWBFR IaGE4 N91m OMWeI¢. NL oheN9G6 NW M r /10 "NOY116 DUOUPPON - EAS WT VACADW A PORDW OF LOTS I AND 2 OF OISPOSIRON PARCELS OF A PORTON OF AND A PORDON OF VACATED WATERFRONT DRIVE IN IHE soImh AST SOUTHWEST WARIER OF 6 ON 15, TOWNSMP 79 NORTH. RANGE 6 N PRINCIPAL MERIDIAN. IOWA OTY, JOHNSON COUNTY. IOWA, OESCRIEED A6 F \ S Go eat the Northeast mer eM Me eRh thPlat ththesf Recorded in Pir Cm,nty Recorders Olflee Thmce 372' I of 107.34 Poet, b the PONT OF SI5475SW. 55.70 foet to a Point Vacation cad Mat Plot of DBposi ottardvnce wfth the Piot thereof R. the John.. County Remrders Woe; Westerly Line of Lct 1 of sold 'Am LOT 11 I'mals of a Patlfei of Watelmnt Or LOT mie 3i I e`. a 115.00 feet ' aas boon Nf2.3Y26'E; Then® NMT4'Oo' Begl"le, Sald Eaxmmt v .Uon m / and restelationa of reemcL LOT 2 �— DI5POeITION PAR65L5 CF A PORTION OF WATERFRONT PRW-- \ rNmnsui necr� N NA l"A •T (I!G eeo 9A L1' LIC W.LRT LT ea.ny Frey aTa� OF THE 1 of Southgate AWiDen, Part 1, in sac . 9 at Page 54 of the Reoords of the John: Wong the Ecat Uee of add lot 1. 0 dtetm VG Thence S745ZV E 3221 feet T,m Westerly Une of Int 2 of Amended Poet r s of a PorUcn of Waterfront Drive Plat Seek 39 at Page 030 of the RCCafde N23O7'54'W atone said Wastedy Line and o( Vocall. and Mal Plat of X1.1t eat, to Ne Southeast Came of Lot 1 sly. 2164 feeL .1.9 the Easterly Line m NorUlNestmlg whose 21.41 foot ch Eoetariy Line, 1363 feeL to the Paint sauare feet and Ie abject to easemm �E9810NA0G� Re "� c m I hmeby aerufr that We Imd a1neA ry d ml was prepmad aha n. Nn.e wrTmm.`C ar Imd.r mr moat Prtsmm vP.r69aa mie that I Pnrustmal tmle sunepr uwm Lha Ives or th er sa— GUN 0. MS Ha. i lOWT ene.e. oaerro a m.. a.a: sFaL m M in- CNILENGNFERS LAND PWNEPS =SUR EMRS tANDGCAPEAICk9TECiS EWRONNEMALSP-=CW. S 1917S.GIUFI3TST. IOWA CRY. IOWA 52240 (319)351-9282 w mmswnsultsnts.net Pob rbWts ooLla mW ed PerdanLdam EASEMENT VACATION PLAT APORTIONO7L=1ANO2OF OISFO ONPMCfL6OFA PORIIONOFWATQEPDNT ORNEANO APOfmaNOF VACATED WATERFRONrg IOWACRY JOHNSON COUNTY IOWA MMS CONSULTANTS, INC. °ale' 04-05-2016 Polgnd FeV IB akgo. '3AM FELDBOOK Man m; eaa� P1W 1=30' Oecr aI WOOM meetNa 17 IC 96&1001 on 1 WRITTEN DECISION IOWA CITY BOARD OF ADJUSTMENT FRIDAY, SEPTEMBER 30, 2016 EMMA J. HARVAT HALL `� 11111111 111111 III IIIII IIIII IIIII IIIII Ilill IIIII IIIII IIIII IIIII ll�l IIIII 1111 1111 Doc ID: 026470370002 Type: GEN Kind: DECISION Recorded: 10/19/2016 at 11:22:32 4 Fee Amt: $12.00 Pape 1 of 2 Johnson county Iowa Kim Painter County Recorder 6K5576 PG978-979 2016 OCT 18 [11i IO: Sr MEMBERS PRESENT: Larry Baker, Becky Soglin, T. Gene Chrischilles, Tim Weitzel, Connie Goeb (recused) CITY CL ,.,. CITY. MEMBERS ABSENT: none STAFF PRESENT: Mark Parmenter, Lederer Weston Craig, PLC (Independent Counsel for the Board), Sarah Walz (Board Secretary) OTHERS PRESENT: James Larew, Brian Boelk, Dennis Befeler, Jiyun Park, Bill Ackerman, Chris Rossi, Craig Syrop, Frank Weirich, Dina Janzen, Patricia Koza, Catherine Erickson, Chris Rossi, Joanne Madsen, Anne Lahey, Karin Southard, Brian Fagan, Reed Carlson, Sandy Carlson, Gary Klinefelter, Doug Boothroy, Susan Dulek, Brian Greer, Jason Havel, Tim, Hennes, John Yapp APPEAL APL16-00001: An appeal of a decision by Development Services to issue a building permit for construction of a single family home on property located in the Low Density Single-family (RS -5) zone at 101 Lusk Avenue, alleging an error in the classification of the property as a residential use, wrongful approval of a site plan, and other zoning code errors. The Board began its review of the appeal at a public meeting on September 14, 2016. One board member recused herself due to a conflict of interest; consideration proceeded with the remaining four board members. After six hours of testimony the Board voted to continue the public meeting on September 21, 2016 to allow more testimony. On September 21, 2016, the Board heard several hours of additional testimony. At the end of the public hearing, the Board voted to schedule another meeting for September 30, 2016 at which time the Board members would discuss their findings and vote on the appeal. Over the course of the first two meetings, the Board received approximately 400 pages of evidence and statements on behalf of the Appellant, Neighbors of Manville Heights Association, et al., the City, and the owners of 101 Lusk Avenue (hereinafter "Property Owners"). On the morning of September 30, 2016 a legal brief on behalf of the Property Owners was submitted to the Board along with responses from the attorney for the City of Iowa City and the attorney for the Appellant. The Board met at 6:30 PM on September 30, 2016 at the Environmental Education Center, 2401 Scott Blvd. SE, Iowa City, Iowa. Weitzel moved to grant the requested appeal finding the City Neighborhood Development Services erred when it classified the proposed structure at 101 Lusk Avenue as a single-family residential structure. /0 Chrischilles seconded the motion. Each Board member read a statement summarizing his/her findings with regard to the appeal. A roll call vote was taken, and the motion failed on a 2-2 vote. Pursuant to the Iowa City Board of Adjustment Procedural Rules, three affirmative votes are necessary to grant an appeal. Iowa City Board of Adjustment, Procedural Rules, Article VI, Section 11. Due to the tie vote, the motion to uphold the Appeal failed and there is no prevailing opinion. The Board members have submitted their statements, which constitute their individual findings of fact and conclusions of law. Their statements are now part of the public record, but do not constitute majority findings of this Board of Appeals. STATE OF IOWA JOHNSON COUNTY I, Marian Karr, City Clerk of the City of Iowa City, do hereby certify that the Board of Adjustment Decision herein is a true and correct copy of the Decision that was passed by the Board of Adjustment of Iowa City, Iowa, at its regular meeting on the 30th day of September, 2016, as the same appears of record in my Office. Dated at Iowa City, this day of Oct-,l.t.n Z 20LI_z u5 Marian K. Karr, City Clerk" 6: - COrt Q N J0 M1 Doc ID: 026557040017 Type: GEN Kind: RESOLUTION Recorded: 11/03/2016 at 08:44:39 AM Fee Amt: $87.00 Pape 1 of 17 Johnson CountV Iowa Kim Painter County Recorder BK5582 PG830-846 STATE OF IOWA ) ) SS JOHNSON COUNTY ) OMW f0 My of A C� I, Marian K. Karr, City Clerk of Iowa City, Iowa, do hereby certify that the Resolution attached hereto is a true and correct copy of Resolution No.16-302 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 1st day of November, 2016, all as the same appears of record in my office. Dated at Iowa City, Iowa, this � day of 2016. Marian . arr City Clerk fires (OPPOWESEX 410 EAST WASHINGTON STREET • IOWA CITY, IOWA 52240-1826 • (319) 356-5000 • FAX (319) 356-5009 Prepared by: Sara Hektoen, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240, 356-5030 RESOLUTION NO. 16-302 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST STORM WATER DETENTION FACILITY EASEMENT AND PUBLIC ACCESS EASEMENT AGREEMENTS PERTAINING TO "THE QUARTERS AT IOWA CITY" SITE PLAN IN IOWA CITY, IOWA. WHEREAS, pursuant to the Code of Ordinances of the City of Iowa City, Iowa, College Fund Properties II, LLC, a foreign limited liability company, and Tod K. Quiring, an individual [hereinafter collectively referred to as "Owner'] submitted a site plan for development of 2401 Highway 6 East, Iowa City, Iowa; and WHEREAS, under said plan, additional infrastructure is to be installed to service the development, and certain easement rights must be acquired to ensure the continued operation of the newly installed public infrastructure; and WHEREAS, Owner has also requested that the City release its interest in an existing easement dedicated to the City, and recorded in Book 229, Page 598, for an obsolete and unused sanitary sewer line and lift station, and nonexistent public water lines; and WHEREAS, City staff recommends release of that easement based upon its abandoned use of the lift station, previous modifications to the sanitary sewer system serving this property that resulted in no sewage from other properties running through this site, and the absence of any water lines within the easement area owned or maintained by the City; and WHEREAS, City staff has approved the location of the newly installed public infrastructure servicing this development, as well as the associated easement agreements; and WHEREAS, the easement agreements require City Council approval; and WHEREAS, the execution of said easement agreements is in the public interest and advances the public health, safety and welfare of the citizens of Iowa City, Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The City does hereby accept the dedication of a Stormwater detention easement and a public access easement as set forth in the attached easement agreements. 2. The City does hereby vacate and release any right, title or interest in that area shown on the attached Easement Vacation Plat that the City may have pursuant to an agreement recorded in Book 229, Page 598, in the records of the Johnson County, Iowa Recorder's 3k Office. 3. The Mayor is hereby authorized to sign and the City Clerk to attest the Stormwater Detention Easement Agreement and the Public Access Easement Agreement for 2401 Highway 6 East, Iowa City, Iowa, attached hereto. 4. The City Clerk is hereby authorized and directed to certify a copy of this Resolution and to record the same with the above -referenced Easement Agreements in the Johnson County Recorder's Office at the expense of Owners. Passed and approved this 1st day of November 016. M OR ATTEST: 9V. J[� APPROVED BY: LA CITY I CLERK City Attorney's O ice COPPO ESEAt 3'� Resolution No. Page 3 16-302 It was moved by Botchway and seconded by Mims the Resolution be adopted, and upon roll call there were: AYES: NAYS: x ABSENT: ABSTAIN: Botchway Cole Dickens Mims Taylor Thomas Throgmorton 3� Prepared by: Justin P. Weinberg, Briggs and Morgan, P.A., 2200 IDS Center, 80 South 81h Street, Minneapolis, MN 55402 (612)977-8400 STORMWATER DETENTION EASEMENT AGREEMENT THIS STORMWATER DETENTION EASEMENT AGREEMENT (this "Agreement") made and entered into by and between COLLEGE FUND PROPERTIES II, LLC AND TOD K. QUIRING (collectively the "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 construction, operation and maintenance of the 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 Storm Water Detention and Access Easements Plat attached hereto and incorporated herein by reference, hereafter described as "easement areas". The 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 area and also to trim, cut down and clear away any trees on either side of the easement areas which now or hereafter in the opinion of the City may be a hazard to the easement area, or which may interfere with the exercise of the City's rights hereunder in any manner. 7920411v2 '3� 3. The right to enter onto land beyond the easement area to conduct emergency repairs that may extend beyond the easement areas, without obtaining a separate temporary easement. City's right to do such work shall be effective only upon City's prior notice to owners and with minimal disruption of the area. 4. The City shall indemnify the Owner against any loss or damage which shall be caused by the negligent exercise of any ingress or egress, construction, use or maintenance by the City or its agents or employees in the course of their employment. Any such improvement installed within the easement area, with or without the City's permission, may be removed by the City without compensation or replacement. 5. The Owner reserves the right to use the easement area for purposes which will not interfere with the City's full enjoyment of the rights hereby granted; provided that the Owner shall not erect or construct any building, fence, retaining wall, or other structure, plant any trees, drill or operate any well, or construct any obstructions on the easement areas, or substantially add to the ground cover of the easement areas. 6. The Owner shall maintain the area within the easement free from weeds and debris and shall in no event fill or prevent the stormwater control facilities to be filled in, and the Owner also agrees to maintain its land so as to minimize erosion in and around the easement areas. 7. The Owner hereby covenants with the City that it is lawfully possessed of the real estate above described, and that it has a good and lawful authority to convey it, or any part thereof. 8. After completion of the stormwater detention facility, the Owner and its successors and assigns shall thereafter maintain the facilities and easement areas. The maintenance shall include maintaining the underground pipes in the stormwater management system, keeping them free of sediment and debris, and mowing the ground cover in the graded depressions, keeping them free of debris. The City shall have no obligation for maintenance of the facilities or the easement area. 9. Nothing in this Agreement shall be construed to impose a requirement on the City to install the original improvements herein described nor shall the Owner be deemed as acting as the City's agent during the original construction and installation of said improvement. The parties agree that the obligation to install the public improvement(s) herein shall be in accordance with City specifications, and this obligation shall remain on Owner until completion by Owner, and until acceptance by the City, as by law provided. This Agreement shall inure to the benefit of and bind the successors and assigns of the successors of the respective parties hereto and all covenants shall apply to and run with the land and with the title to the land. 10. The obligation to install the improvements shall be a lien on the land within the subdivision and upon satisfactory completion thereof, the City shall issue a release acknowledging construction in accordance with this Agreement. 7920411v2 3 . IN WITNESS WHEREOF, the parties have executed this Stormwater Detention Easement Agreement on the 10�`day of October, 2016. College Fund Properties II, LLC, a Minnesota limited liability company By: Name: Micha her Title: Manager State of Minnesota, County of :H e"vt c P1 ri This instrument was acknowledged before me on l Q 3 l (So by Michael Sather, as Manager of College Fund Properties II, LLC (Seal, if any) JANINE B. ZIMMERMAN NOTARY PUBLIC MINNESOTA 1y Cm Y&SIM ENO"j3ftm 31.2013 si more ofnmarlal officer)a Title (and Rank): hd vv1 I w My commission expires: 1131/1 8 (monrh'day'year) [SIGNATURE PAGE TO STORM SEWER AND 7920411v2 STORMWATER DETENTION EASEMENT AGREEMENT] State of Minnesota, County of GAynwo© a This instrument was acknowledged before me on 0 1 by Tod K. Quiring, on his own deed and act. (Seal, if any) K Qit^ t11 C (signature ofnorarial office WIN =HS,,AFFERTT Title (and Rank): �CJtZ7Yt 1bri e — IYl t�/ 021 My commission expires: cTan 31.,:5t �i (momh/dayyear) [SIGNATURE PAGE TO STORM SEWER AND 7920411v2 STORMWATER DETENTION EASEMENT AGREEMENT] COVOM I [A[ The City of Iowa City, Iowa, By: James ogmorton, Mayor Attest: 0 Marian K. I r, City Clerk Approved by: City Attorney's Office State of Iowa County of Johnson: This instrument was acknowledged before me on /,16 y2 m-� r- 1 2016 by James Throgmorton, as Mayor and attested by Marian K. Karr, as City Clerk, for The City of Iowa City, Iowa. (seal, if any) (rtgwn4e oJnowia(ogieer) Title (and Rank): ° Commission Nua;i221879 My commission exp � X185 (wo hPoa earJ ,j� Prepared by: Justin P. Weinberg. Briggs and Morgan, P.A., 2200 IDS Center, 80 South 8t° Street, Minneapolis, MN 55402(612)977-8400 PUBLIC ACCESS EASEMENT This Agreement, made and entered into by and between COLLEGE FUND PROPERTIES II, LLC AND TOD K. QUIRING (collectively the "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: 1. Owner states and covenants that it is the owner of certain real estate depicted as "Public Access Easement" on Exhibit A, attached hereto (the "Plat'), 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 City an exclusive permanent easement for the purposes of constructing, operating, maintaining, repairing, using and reconstructing public sidewalk right-of-way, said sidewalk right-of-way to include paving and the easement area described and shown on Exhibit A attached hereto and referred to herein as "easement area." The sidewalk installed will include the portion located in the 'Public Access Easement' area shown on the Plat. 3. Owner consents to any change of grade of the right-of-way as shown on the approved construction plans and waives any and all damages arising therefrom. 4. The City shall have the right to make excavations and to grade as it may find reasonably necessary for the construction, installation, operation, repair, maintenance and reconstruction in the permanent easement area. 7920442J2 . 5. The City shall have the right to trim and remove all trees and bushes which may interfere with its exercise of the City's rights pursuant to this Agreement; however, if valuable timber is to be removed, it may be timely claimed as the property of the Owner and promptly removed. No compensation shall be provided to Owner, however, for the loss of any trees or bushes. 6. The City shall have 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. 7. Except as otherwise specifically provided in paragraph 4 above, the City shall have the right of ingress and egress to and from the easement area by such route as shall occasion the least practical damage and inconvenience to the Owner. 8. 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 improvements placed in the easement area, with or without City approval, may be removed by the City without compensation or replacement. 9. The City agrees to promptly repair any damages within and immediately adjoining the permanent easement area, with the intent being to restore the surface of said area to as close to original condition as is reasonably practicable given the permanent rights granted hereunder. 10. The City shall indemnify Owner against (i) any loss, damage or injury to the Owner or the Owner's property, and (ii) any loss, damage, injury, claim or other liability to any third party which may occur as a result of the City's, or its representatives', agents' or contractors' exercise of the easement rights granted hereunder, except for loss which may be occasioned by a diminution in business or personal use. 11. The Owner hereby covenants with the City that it is lawfully possessed of the real estate above described, and that it has a good and lawful authority to convey it, or any part thereof. 12. The Owner and its successors and assigns shall maintain the easement areas. The maintenance shall include maintaining any sidewalks within the easement areas, keeping them reasonably free of sediment and debris, and removal of snow. The City shall have no obligation for maintenance of the sidewalks or the easement area. 13. 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. 2 792044242 CORPO tESMI Approved by: /� GRAN City Attorney's Office State of Iowa County of Johnson: The City of Iowa City, Iowa, By:`. / James Virogmorton, Mayor Attest: Marian A , City Clerk This instrument was acknowledged before me on ,A \/Vern 4,1'r 2016 by ,Tames Throgmorton, as Mayor and attested by Marian K. Karr, as City Clerk, for The City of Iowa City, Iowa. (Seal, if any) .( (si aofnnmNalofry ) Title (and Rank): IMMI(7 ING1819My COIItInlSSlon i /% 3�' State of Minnesota, County of (66nwood This instrument was acknowledged before me on 10 3 I 1 1 Lo by Tod K. Quiring, on his own deed and act. �� ►�� �� (Seal, if any) (%igba6ne ofnotarla7 o�c�� (✓L/ �— Title (and Rank): No+ayL( [Ibl i C — WJ vF REBEKAH M. SAFFERT Notary Public -Minnesota ^,Commksbn Emirea Jan 37, 2021 My commission expires: TLyl �� aC)r � (month/daytyear) 3'� IN WITNESS WHEREOF, the parties have executed this Public Access Easement Agreement on the ?i si, day of October, 2016. College Fund Properties II, LLC, a Minnesota limited liability company By: Name: Micha ather Title: Manager State of Minnesota, County of H P n y1 e p 1 h This instrument was acknowledged before me on 1 31 I by Michael Sather, as Manager of College Fund Properties II, LLC (Seal, if any) (/ d ku-— IJ —L (si tore ofnotarial officer) qq ,� Title (and Rank): Ad m i h atJANINE B. ZIMMERMAN My commission expires: ' 1NOTARY PUBLIC (moth/dyyear) MINNESOTA r aanmus4e E.pm.=un a1, sou [SIGNATURE PAGE TO PUBLIC ACCESS EASEMENT] 7920442v2 FOR COUNTY RECORDER'S USE LEGEND AND NOTES A - CONGRESSIONAL CORNER, FOUND - PROPERTY &/or BOUNDARY LINES -- CONGRESSIONAL SECTION LINES - - - - - - - - - RIGHT-OF-WAY LINES - LOT LINES, PLATTED OR BY DEED - - - - - - - - EASEMENT LINES, WIDTH & PURPOSE NOTED -- - - - - - - - EXISTING EASEMENT LINES, PURPOSE NOTED (R) - RECORDED DIMENSIONS (M) - MEASURED DIMENSIONS UNLESS NOTED OTHERWISE, ALL DIMENSIONS ARE IN FEET AND HUNDREDTHS 519.72'(R) N88'59'27"E Z N d b N N O W r1 � LI 589'37'07"W DESCRIP11ON - EASEMENT VACATION SEC IrION 23-77ON-NGW N A 1 9p, 21.04'(R) 1318.71'(R) FAIR \ / N07'29'28'W fr // \ 34.18' / POINT OF EGINNING N07 -29-28-W 31.41'\\ / \� a /Q EASEMENT VACATION PLAT A PORTION OF THE WEST ONE-HALF OF SECTION 24, TOWNSHIP 79 NORTH, RANGE 6 WEST OF THE FIFTH PRINCIPAL MERIDIAN IOWA CITY, JOHNSON COUNTY, IOWA EASEMENT VJ 24,137 y�/ EASEMENT M FAVOR OF THE CITY OF IOWA \ �� / GTY, 5113 1 FR MAN.FACTUtIN6 CO., AW/� MISB-ESS DEVE-OPMENNT CO FGR SANITARY \� / SEWER LII -€5, SANITARY SEWER LIFT STATION, RD WATER LINES. AS RE66RPEP IN POYM 125 AT PAGE 598 OF THE RE66PPS OF THE N38'22'35'E J914SON COLINTY RECORDER'S OFFICE 18.21 \\ll` 538'2 SECTION 24-T79N=RSW e POINT OF COMMENCEMENT SOUTHEAST CORNER OF SECTION 23-T79N-R6W OF THE FIFTH P.M. A portion of the West Half of Section 24, all in Township 79 North, Range 6 West of the Fifth Principal Meridian, Iowa City, Johnson County, Iowa, the boundaries of which are described as follows: Commencing at the southeast corner of Section 23, Township 79 North, Range 6 West of the Fifth Principal Meridian, Iowa City, Johnson County, Iowa, Thence 589'37'07"W, 1318.71 feet; Thence N00'02'09'E, 2649.23 feet; Thence NBB'59'27"E, 519.72 feet; Thence SOO'01'10'E, 21.04 feet; Thence S5118'30'E, 182.73 feet; Thence 538'40'30'W, 125.00 feet; Thence S51'18'40"E, 300.14 feet; Thence N38'39'20"E, 125.00 feet; Thence S51*15'00"E, 195.00 feet; Thence N3835'50"E, 320.00 feet; Thence N51'17'38'W, 194.96 feet; Thence N38'42'53"E, 194.53 feet; Thence N38 -00.22-E, 550.11 feet; Thence N07'29'28"W, 31.41 feet, to the Point of Beginning; Thence continuing N0729'28"W, 34.18 feet; Thence S52'05'22'E, 778.15 feet; Thence N3754'38'E, 163.79 feet; Thence S52'06'15"E, 10.00 feet; Thence S37'54'38'W, 163.79 feet; Thence S52'05'22'E, 53.61 feet; Thence S37'54'38"W, 24.00 feet; Thence N52'05'22"W, 52.12 feet; Thence S38'22'35W, 8.37 feet; Thence S51'37'25"E, 240.28 feet, to a Point on the Westerly Right -of -Way Line of Lakeside Drive; Thence S3752'34"W, along said Westerly Right -of -Way Line, 10.00 feet; Thence N51'37'25"W, 250.56 feet; Thence N38'22'35"E, 18.29 feet; Thence N52'05'22"W, 755.30 feet, to the Point of Beginning. Said Easement Vacation contains 24,137 square feet, and is subject to easements and restrictions of record. 163.79' \� S37-54'38" / 163.79' %Zafbp. y� 52-0 \' ""✓® YN52'0522 W \� \ 52-12" \\ 537 24.00' N' \ 53'52'34W \\ / 10.00' V \. \ M, 0 20 50 100 150 200 GRAPHIC SCALE IN FEET 1"=200' I hereby certify that this land surveying document was prepared and the related survey work was performed by me or under my direct PROPRIETOR: COLLEGE FUND PROPERTIES II LLC \ SURVEY REQUESTED BY: GRANDBRIDGE REAL ESTATES CAPITAL ' IGS DATE OF SURVEY: 10-12-2016 \ (LEND ?< GLEN D. MEISNER MB9H� e$= EASEMENT VJ 24,137 y�/ EASEMENT M FAVOR OF THE CITY OF IOWA \ �� / GTY, 5113 1 FR MAN.FACTUtIN6 CO., AW/� MISB-ESS DEVE-OPMENNT CO FGR SANITARY \� / SEWER LII -€5, SANITARY SEWER LIFT STATION, RD WATER LINES. AS RE66RPEP IN POYM 125 AT PAGE 598 OF THE RE66PPS OF THE N38'22'35'E J914SON COLINTY RECORDER'S OFFICE 18.21 \\ll` 538'2 SECTION 24-T79N=RSW e POINT OF COMMENCEMENT SOUTHEAST CORNER OF SECTION 23-T79N-R6W OF THE FIFTH P.M. A portion of the West Half of Section 24, all in Township 79 North, Range 6 West of the Fifth Principal Meridian, Iowa City, Johnson County, Iowa, the boundaries of which are described as follows: Commencing at the southeast corner of Section 23, Township 79 North, Range 6 West of the Fifth Principal Meridian, Iowa City, Johnson County, Iowa, Thence 589'37'07"W, 1318.71 feet; Thence N00'02'09'E, 2649.23 feet; Thence NBB'59'27"E, 519.72 feet; Thence SOO'01'10'E, 21.04 feet; Thence S5118'30'E, 182.73 feet; Thence 538'40'30'W, 125.00 feet; Thence S51'18'40"E, 300.14 feet; Thence N38'39'20"E, 125.00 feet; Thence S51*15'00"E, 195.00 feet; Thence N3835'50"E, 320.00 feet; Thence N51'17'38'W, 194.96 feet; Thence N38'42'53"E, 194.53 feet; Thence N38 -00.22-E, 550.11 feet; Thence N07'29'28"W, 31.41 feet, to the Point of Beginning; Thence continuing N0729'28"W, 34.18 feet; Thence S52'05'22'E, 778.15 feet; Thence N3754'38'E, 163.79 feet; Thence S52'06'15"E, 10.00 feet; Thence S37'54'38'W, 163.79 feet; Thence S52'05'22'E, 53.61 feet; Thence S37'54'38"W, 24.00 feet; Thence N52'05'22"W, 52.12 feet; Thence S38'22'35W, 8.37 feet; Thence S51'37'25"E, 240.28 feet, to a Point on the Westerly Right -of -Way Line of Lakeside Drive; Thence S3752'34"W, along said Westerly Right -of -Way Line, 10.00 feet; Thence N51'37'25"W, 250.56 feet; Thence N38'22'35"E, 18.29 feet; Thence N52'05'22"W, 755.30 feet, to the Point of Beginning. Said Easement Vacation contains 24,137 square feet, and is subject to easements and restrictions of record. 163.79' \� S37-54'38" / 163.79' %Zafbp. y� 52-0 \' ""✓® YN52'0522 W \� \ 52-12" \\ 537 24.00' N' \ 53'52'34W \\ / 10.00' V \. \ M, 0 20 50 100 150 200 GRAPHIC SCALE IN FEET 1"=200' SEAL M M 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 Revl5lon 10-14-2016 PER GDM REVIEW RLW EASEMENT VACATION PLAT A PORTION OF THE WEST ONE-HALF OF SECTION 24, TOWNSHIP 79 NORTH, RANGE 6 WEST OF THE FIFTH PRINCIPAL MERIDIAN IOWA CITY JOHNSON COUNTY IOWA MMS CONSULTANTS, INC. 10-12-2016 OraNn N. _ _ _ - _I Scale, IC 10072-001 ,t No. 1 OP, 1 I hereby certify that this land surveying document was prepared and the related survey work was performed by me or under my direct 0\111111111` IAllly/I//////y/,//-/��/ personal supervision and that I am a duly licensed Professional Land Surveyor under the laws of the State of Iowa. IGS /'Yl_0wy /o 20_Z�- (LEND ?< GLEN D. MEISNER MB9H� e$= L.S. Iowa Lic. No. 8165 g _ My license renewal date is December 31, 20-1. Pages or sheets covered by this seal: #! SEAL M M 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 Revl5lon 10-14-2016 PER GDM REVIEW RLW EASEMENT VACATION PLAT A PORTION OF THE WEST ONE-HALF OF SECTION 24, TOWNSHIP 79 NORTH, RANGE 6 WEST OF THE FIFTH PRINCIPAL MERIDIAN IOWA CITY JOHNSON COUNTY IOWA MMS CONSULTANTS, INC. 10-12-2016 OraNn N. _ _ _ - _I Scale, IC 10072-001 ,t No. 1 OP, 1 FOR COUNTY RECORDER'S USE LEGEND AND NOTES A - CONGRESSIONAL CORNER, FOUND - PROPERTY k/or BOUNDARY LINES - - - - CONGRESSIONAL SECTION LINES ---------- RIGHT-OF-WAY LINES - LOT LINES, PLATTED OR BY DEED - - - - - - - - EASEMENT LINES, WIDTH @ PURPOSE NOTED --------- EXISTING EASEMENT LINES, PURPOSE NOTED Q- RECORDED DIMENSIONS - MEASURED DIMENSIONS UNLESS NOTED OTHERWISE, ALL DIMENSIONS ARE IN FEET AND HUNDREDTHS F .72'(R) DESCRIPTION - PUBLIC ACCESS EASEMENT NBB'59'27"E 589'37'07-W Bi SECTION 23-Ti9N-Fi6W 1318.71'(R) / N5Y02'40•W\�R=o.uU 95.03' L=7.85' \\ � _�.�.I I S37 -53'45•W sB38J\ CB=S82-53'45-W 3.00' \\ \ �'op \ 6.707 SF PUBU&ACCESS EASEMENT I 2c; I POINT OF COMMENCEMENT SOUTHEAST CORNER OF SECTION 23-T79N-RBW OF THE FIFTH P.M. A portion of the West Half of Section 24, ail in Township 79 North, Range 6 West of the Fifth Principal Meridian, Iowa City, Johnson County, Iowa, the boundaries of which ore described as follows: Commencing at the southeast comer of Section 23, Township 79 North, Range 6 West of the Fifth Principal Meridian, Iowa City, Johnson County, Iowa, Thence 589'37'07"W, 1318.71 feet; Thence N00'02'09"E, 2649.23 feet; Thence NBB'59'27"E, 519.72 feet; Thence SGO*01'10"E, 21.04 feet; Thence 551'18'30"E, 182.73 feet; Thence 538'40'30"W, 125.00 feet; Thence 551'18'40"E, 300.14 feet; Thence N38'39'20"E, 125.00 feet; Thence S51'15'00"E, 195.00 feet; Thence N3835'50"E, 320.00 feet; Thence N51'17'38"W, 194.96 feet; Thence N3842'53"E, 194.53 feet; Thence N38'00'22 -E, 550.11 feet; Thence N07'29'28"W, 71.96 feet, to the Point of Beginning; Thence continuing N0729'28"W, 7.13 feet; Thence 552'02'40"E, 95.10 feet; Thence N3753'45"E, 144.21 feet; Thence Northeasterly, 15.71 feet along a 10.00 foot radius curve, concave Southeasterly, whose 14.14 foot chord bears N82'53'45"E; Thence S52'06'15"E, 934.47 feet; Thence 537'52'34"W, 5.00 feet; Thence N52'06'15"W, 683.83 feet; Thence S37'53'45"W, 3.00 feet; Thence N52'06'15"W, 250.64 feet; Thence Southwesterly, 7.85 feet along a 5.00 foot radius curve, concave Southeasterly, whose 7.07 foot chord bears S82'53'45"W; Thence N52'02'40"W, 95.03 feet, to the Point of Beginning. Sold Public Access Easement contains 6,707 square feet, and is subject to easements and restrictions of record. SECTION 24-Ti9N-RAW 0 20 W 100 150 200 GRAPHIC SCALE IN FEET 1"=200' I hereby certify that this land surveying document was prepared and the related survey work was performed by me or under my direct personal supervision and that I am a duly licensed Professional Land Surveyor under the laws of the State of Iowa. 14 Z-0 Li 20 -LOC GLEN D. - sA GLEN D. MEISNER WISNER _$= L.S. Iowa Lic. No. 8165 8165 _ My license renewal date is December 31, 20� SEAL Pages or sheets covered by this 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 Revision EXHIBIT, PUBLIC ACCESS EASEMENT PLAT A PORTION OF THE WEST ONE-HALF OF SECTION 24, TOWNSHIP 79 NORTH, RANGE 6 WEST OF THE FIFTH PRINCIPAL MERIDIAN IOWA CITY JOHNSON COUNTY IOWA MMS CONSULTANTS, INC. Dck'°' 10-12-2016 Desk*wd by, I Field Book No, I Project No, IC 10072-001 r of, 15k X90'00.44- R=10.00' PUBLIC ACCESS EASEMENT PLAT L=15.71' A PORTION OF THE WEST ONE-HALF OF SECTION 24, TOWNSHIP 79 NORTH, T=10.04' C=14.14' RANGE 8 WEST OF THE FIFTH PRINCIPAL MERIDIAN =N8 '@3'45'E IOWA CITY, JOHNSON COUNTY, IOWA N0729'28'W 552 2'40'E 7.13 95. OPRIER: TOCOLLEGE FUND PROPERTIES II LLC OF BEGINNING �i°' `.�6 / \ \\ \ PR i 7 r 9.98'W Y �2�,� ry�"� 4'S?\ SURVEY REQUESTED BY: GRANDBRIDGE REAL ESTATES CAPITAL DATE OF SURVEY: 10-12-2016 s i /� / N5Y02'40•W\�R=o.uU 95.03' L=7.85' \\ � _�.�.I I S37 -53'45•W sB38J\ CB=S82-53'45-W 3.00' \\ \ �'op \ 6.707 SF PUBU&ACCESS EASEMENT I 2c; I POINT OF COMMENCEMENT SOUTHEAST CORNER OF SECTION 23-T79N-RBW OF THE FIFTH P.M. A portion of the West Half of Section 24, ail in Township 79 North, Range 6 West of the Fifth Principal Meridian, Iowa City, Johnson County, Iowa, the boundaries of which ore described as follows: Commencing at the southeast comer of Section 23, Township 79 North, Range 6 West of the Fifth Principal Meridian, Iowa City, Johnson County, Iowa, Thence 589'37'07"W, 1318.71 feet; Thence N00'02'09"E, 2649.23 feet; Thence NBB'59'27"E, 519.72 feet; Thence SGO*01'10"E, 21.04 feet; Thence 551'18'30"E, 182.73 feet; Thence 538'40'30"W, 125.00 feet; Thence 551'18'40"E, 300.14 feet; Thence N38'39'20"E, 125.00 feet; Thence S51'15'00"E, 195.00 feet; Thence N3835'50"E, 320.00 feet; Thence N51'17'38"W, 194.96 feet; Thence N3842'53"E, 194.53 feet; Thence N38'00'22 -E, 550.11 feet; Thence N07'29'28"W, 71.96 feet, to the Point of Beginning; Thence continuing N0729'28"W, 7.13 feet; Thence 552'02'40"E, 95.10 feet; Thence N3753'45"E, 144.21 feet; Thence Northeasterly, 15.71 feet along a 10.00 foot radius curve, concave Southeasterly, whose 14.14 foot chord bears N82'53'45"E; Thence S52'06'15"E, 934.47 feet; Thence 537'52'34"W, 5.00 feet; Thence N52'06'15"W, 683.83 feet; Thence S37'53'45"W, 3.00 feet; Thence N52'06'15"W, 250.64 feet; Thence Southwesterly, 7.85 feet along a 5.00 foot radius curve, concave Southeasterly, whose 7.07 foot chord bears S82'53'45"W; Thence N52'02'40"W, 95.03 feet, to the Point of Beginning. Sold Public Access Easement contains 6,707 square feet, and is subject to easements and restrictions of record. SECTION 24-Ti9N-RAW 0 20 W 100 150 200 GRAPHIC SCALE IN FEET 1"=200' I hereby certify that this land surveying document was prepared and the related survey work was performed by me or under my direct personal supervision and that I am a duly licensed Professional Land Surveyor under the laws of the State of Iowa. 14 Z-0 Li 20 -LOC GLEN D. - sA GLEN D. MEISNER WISNER _$= L.S. Iowa Lic. No. 8165 8165 _ My license renewal date is December 31, 20� SEAL Pages or sheets covered by this 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 Revision EXHIBIT, PUBLIC ACCESS EASEMENT PLAT A PORTION OF THE WEST ONE-HALF OF SECTION 24, TOWNSHIP 79 NORTH, RANGE 6 WEST OF THE FIFTH PRINCIPAL MERIDIAN IOWA CITY JOHNSON COUNTY IOWA MMS CONSULTANTS, INC. Dck'°' 10-12-2016 Desk*wd by, I Field Book No, I Project No, IC 10072-001 r of, 15k Val )oD inc ID: 02ni........6...56.....0030012 Type: GEN Rind: RESOLUTION Fee Amt: $62.00/ t Page Sof 12736 AM Johnson County Iowa Kim Painter County Recorder 6K5583 PG935 46 STATE OF IOWA ) ) SS JOHNSON COUNTY ) I, Marian K. Karr, City Clerk of Iowa City, Iowa, do hereby certify that the Resolution attached hereto is a true and correct copy of Resolution No. 16-297 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 1st day of November, 2016, all as the same appears of record in my office. Dated at Iowa City, Iowa, this day of 2016. (OR ON [AI Marian. Karr City Clerk \res 410 EAST WASHINGTON STREET • IOWA CITY, IOWA 52240-1826 • (319) 356-5000 • FAX (319) 356-5009 !V5 p C (OR ON [AI Marian. Karr City Clerk \res 410 EAST WASHINGTON STREET • IOWA CITY, IOWA 52240-1826 • (319) 356-5000 • FAX (319) 356-5009 !V5 11-01-16 5d(3) Prepared by: Kimberly Sandberg, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5139 RESOLUTION NO. 16-297 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT BETWEEN THE CITY OF IOWA CITY AND MOBILITIE, LLC TO USE A PORTION OF CITY STREETS AND PUBLIC RIGHTS-OF-WAY FOR THE INSTALLATION, OPERATION AND MAINTENANCE OF ELECTRICAL TRANSMISSION LINES AND A FIBER OPTIC NETWORK. WHEREAS, Mobilitie, LLC. desires to install buried electrical lines and a conduit system containing fiber optic telecommunications cable within City of Iowa City public rights-of-way; and WHEREAS, the City of Iowa City desires to enter into an agreement with Mobilitie, LLC providing for the use of the public right-of-way; and WHEREAS, it is in the public interest to enter into an agreement with Mobilitie, LLC 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 Mobilitie, LLC to use certain streets and public rights-of-way as set out in said agreement for the placement of electrical lines and fiber optic cable is in the public interest, and is hereby approved as to form and substance. 2. The Mayor is authorized to execute and the City Clerk to attest the attached agreement, on behalf of the City of Iowa City, Iowa, and the City Clerk is hereby directed to record the resolution and agreement in the Johnson County Recorder's Office, at Mobilitie, LLC's expense. Passed and approved this 1st day of November _,2016. YOR Approved by r CITYCLERK City Attorney's Office iv�i��la CO 0M Rk >. Resolution No. Page 2 16-297 It was moved by Botchway and seconded by Mims the Resolution be adopted, and upon roll call there were: AYES: NAYS ABSENT: ABSTAIN: Botchway Cole Dickens Mims Taylor Thomas Throgmorton 1�5 AN AGREEMENT BETWEEN THE CITY OF IOWA CITY, IOWA AND MOBILITIE, LLC, IOWA FOR USE OF PUBLIC RIGHTS-OF-WAY FOR THE INSTALLATION, OPERATION AND MAINTENANCE OF ELECTRICAL TRANSMISSION LINES AND A FIBER OPTIC NETWORK. SECTION I. DEFINITIONS a. "City" shall mean the City of Iowa City, Iowa and, where appropriate, shall include its officers, employees and agents. b. "Public Improvements" shall mean any publicly -owned improvements on public property, including but not limited to paving, sidewalks, grass, vegetation, trees, street lights, traffic signals, water mains, sewers, electrical transmission lines and equipment related thereto, cable and telephone lines and equipment related thereto. c. "Public Property" shall mean publicly owned or controlled public land and rights-of-way, easements, bridges, parks squares and commons. d. "Network" shall mean Mobilitie, L.L.C., a limited liability company registered to do business in the state of Iowa, and shall include equipment owned, operated, leased, or subleased in connection with the operation of the network, and shall include cables, underground conduits, handholes, vaults, fiber optic cables, electrical lines, overhead transmission lines and other overhead cable and lines. SECTION 2. BASIC GRANT Network is hereby granted a license to construct, maintain, inspect, protect, repair, replace and retain communications system in, under, upon, along and across the public property shown and identified in Exhibits A, hereto, subject to the regulatory powers of the City, including the permitting process, and subject to the conditions hereinafter set forth. V47 SECTION 3. INSTALLATION, REPAIR, EXTENSION OR EXPANSION OF THE NETWORK Before commencing any extension or expansion of its system, or any major repair work or the installation of any new system in the City, the Network shall file with the Public Works Department of the City a written statement verifying the public property under which or upon which the Network proposes to extend, expand, install or repair its system. The Director of Public Works may require the statement be accompanied by a map, plan or specifications showing the proposed location of the system components with references to streets and alleys, existing public utilities, the size and dimensions of all facilities, and the distance above or beneath the surface of the ground proposed for repair or installation. If the proposed locations of any facilities shall interfere with the reasonable and proper use, construction, reconstruction and maintenance of any public improvements or any existing City -owned public utility system component, or other structure upon or under public property, the Director of Public Works shall, within reasonable time after the filing of such plan, map or specifications, note the changes necessary to eliminate interference and refer the same back to the Network for modification to the plans. Any such review, approval or plan modification shall be subject to the provisions in Section 8 herein. Such map, plan, or specifications, when properly modified, shall be filed in IZ6 the Public Works Department; and after the approval of same by the Director of Public Works, a permit shall be issued authorizing the Network to proceed in accordance with the approved maps, plans, or specifications. If the Network cannot make the requested modifications for whatever reason, the City is under no obligation to grant a permit. No such excavation, construction or erection shall be commenced before the issuance of the permit herein provided for unless it is an emergency as described in Section 5. All work performed by Network shall be in accordance with the approved maps, plans or specifications. SECTION 4. CONSTRUCTION AND REPAIR OF NETWORK In the process of location, construction, reconstruction, replacement, or repair of any system component, the excavation or obstruction made or placed in public property at any time or for any purpose by the Network shall, to protect the public and assure the safe and efficient movement of traffic, be properly barricaded to comply, at a minimum, with requirements set forth in the Manual on Uniform Tra>iic 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 property, the Network shall, at its own expense, repair or cause repair to any private property public utility system component, public improvement or public property damaged by such location, construction, reconstruction, replacement or repair work. If the Network fails to repair or arrange with the City for the proper repair of any public property after excavations have been made, and after thirty days notice in writing to do so given to its designated representative, then the City may make such repairs at the expense of the Network. SECTION 5. EXCAVATIONS The Network is authorized to make excavations, upon issuance of an excavation permit, in those City streets, avenues, alleys and public property shown on Exhibit A for purposes of routine repair, replacement, and maintenance of wires, lines or other system components associated with the Network. In making such excavations, the Network shall obtain a permit pursuant to City Ordinances, shall not unnecessarily obstruct the use of streets, avenues, alleys or public places, shall provide the Public Works Director with twenty-four (24) hours notice prior to the actual commencement of the work, and shall comply with all City provisions, requirements and regulations in performing such work. However, a three (3) day notice shall be provided to the Public Works Director for any work requiring a street closure or detour. In emergencies which require immediate excavation, the Network may proceed with the work without first applying for or obtaining the permit, provided, however, that the Network shall apply for and obtain the permit as soon as possible after commencing such emergency work. Excavations shall not remain open for more than five (5) working days without prior City approval. Failure to Comply; Remedies. If the Network fails to comply with the provisions of this Section, the City may repair or restore the public property to a condition as good as the condition of the property prior to the disturbance by the Network. The Network shall pay the costs of such repair or restoration. The Network shall pay to the City its costs and charges for such work within sixty (60) days after receipt of the City's billing. 2 3� SECTION 6. WORK BY OTHERS, CONSTRUCTION BY ABUTTING OWNERS, ALTERATION TO CONFORM WITH PUBLIC IMPROVEMENTS The City reserves the right to lay, and permit to be laid, wires, pipes, cables, conduits, ducts, manholes and other appurtenances, and to do, or permit to be done, any underground and overhead installation of improvement that may be deemed necessary or proper by the City in, across, along, over or under any public property occupied by the Network, and to change any 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 facilities. SECTION 7. NETWORK CONTRACTORS The requirements of this agreement shall be binding upon and apply to all persons, firms or corporations performing work for the Network under a contract, subcontract, time and materials arrangement or other type of work order. SECTION 8. CONDITIONS OF STREET OCCUPANCY; RELOCATION OBLIGATION The components of the facilities 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 so located as to cause minimum interference with the rights or reasonable convenience of property owners who adjoin public property. The Network shall conduct its work hereunder in such manner as to cause as little interference as possible with pedestrian and vehicular traffic, and shall abide by scheduling directions, if any, given by the Director of Public Works. The Network shall, upon reasonable notice and at its sole cost and expense, remove, locate and relocate its facilities in, on, over or under public property in such manner as the City may at any time require for the purpose of facilitating the construction, reconstruction, maintenance, repair or change in grade of any public improvement on, in or about any such public property, for the purposes of facilitating the vacation and/or redevelopment of public property or public right-of- way by the City. In the event the Network fails to act within a reasonably allocated time, the City may cause the Network facilities to be relocated, and the costs thereof shall be to the Network and shall be paid as provided in Section 5 hereof. Claims for delay of work from contractors employed by the City that are a result of Network's failure to act within a reasonable time shall be the responsibility of the Network. In the case of Public Works projects, reasonable time shall be defined as the six week period from the date of the public hearing on the plans and specifications for the project. The Network shall not place its facilities in the public property where the same will interfere with the normal use or maintenance of any public improvement, including but not limited to streets, alleys sidewalks, traffic control devices, sanitary sewers, storm sewers, storm drains or water mains, electrical transmission lines or any public utility facility. Network shall maintain a five (5) foot minimum horizontal clearance from any public utility, including water mains, storm 35 sewers, sanitary sewers, and storm drains. The Network shall not place identification signs within the public right-of-way. Upon request, the Network agrees to assist in locating underground facilities which are part of its system. Such assistance will be provided in a timely manner, but not more than forty-eight (48) hours after the time of request. As a condition of this agreement the Network shall enroll as a member of the "Iowa One -Call System" and shall respond to all requests and notifications placed to the toll-free "One -Call" number. Installation, repair, or replacement work completed by the Network or any facilities requiring excavation of public property or public right-of-way shall require Network to restore and replace surface vegetation with sod and conformance with City ordinances and in accordance with standard local practices for placing sod. SECTION 9. ABANDONED FACILITIES The Network shall notify the City when it intends to abandon its facilities. The Network shall remove manholes, handholes, vaults, overhead facilities and equipment related hereto from the right-of-way as required in conjunction with other right-of-way repair, excavation or construction unless this requirement is waived by the Director of Public Works. SECTION 10. POWERS OF CITY OF IOWA CITY Nothing in this agreement shall be construed to abridge the right or power of the City to make further regulations relative to the use of the streets, alleys and public property by anyone using the same for the installation and maintenance of utility systems, including, but not limited to, fees for use of public property. Any such further regulations shall apply to Network and to this agreement. SECTION 11. PLANS AND COORDINATION Upon completion of the work, the Network shall promptly furnish to the City copies of "as -built' plans related to its facilities located on public property. The Network shall keep complete and accurate maps and records of the locations and operations of its facilities including buried abandoned facilities, in connection with this agreement. SECTION 12. VIOLATIONS OF AGREEMENT Upon evidence being received by the City that a violation or breach of this agreement is occurring or has occurred or that a violation of codes or ordinances lawfully regulating the Network in the operation of its facilities or the manner of use of public property either is occurring or has occurred (hereinafter referred to as a "default'), the City shall cause an investigation to be made. If the City finds that a default exists or has occurred, the City may take appropriate steps to secure compliance with the terms of this agreement or the codes or ordinances. 0 56 The City shall give written notice to the Network of the default, and the Network shall cure such default within thirty (30) calendar days after receipt of such notice; provided, however, where any such default cannot reasonably be cured within such thirty (30) day period, and Network shall proceed promptly to cure the same and prosecute such cure with due diligence, the time for curing such default shall reasonably be extended for such period of time as may be necessary to complete such cure. If the City determines that a violation or breach of this agreement or codes or ordinances lawfully regulating the Network in the operation of its facilities is an immediate danger to public health, safety or welfare and requires immediate action, the City may provide written notice of said determination to Network and immediately remedy the default by doing the act itself, or through a contractor, and charge the costs of such work to the Network. If the Network fails to cure a default within the time allowed, the City shall have the right to: seek specific performance; or ii. remedy the default by doing the act itself, or through a contractor, and charge the costs of such work to the Network; or iii. seek damages of such default; or iv. any combination of (i), (ii) and (iii). 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 The Network covenants to indemnify, defend and save the City and its officers, agents and employees, harmless from any and all damages arising directly from the exercise of the rights granted herein. The Network agrees to require contractors and subcontractors engaged in work for the Network within the public right-of-way or public property to maintain insurance coverage during the term of their work and to provide the City with certificates of insurance satisfactory to City. SECTION 14. SEVERABILITY In the event a court of competent jurisdiction shall adjudge any provision or provisions hereof invalid or illegal, or direct a change by the Network in any matter or thing herein contained, such invalidity, illegality or change shall be deemed severable and shall in no way affect the remaining provisions of this agreement or their validity or legality and this agreement in all other respects shall continue in full force and effect as if said provision or provisions had not been so adjudged invalid or illegal, or such change had not been directed. At the City's option, 5 36 and upon a court's ruling of invalidity or illegality, the City may cause this agreement to be terminated. SECTION 15. ASSIGNMENT Neither party shall assign or otherwise transfer this agreement or any of its rights and interest to any firm, corporation or individual, without the prior written consent of the other party. SECTION 16. TERMINATION OF AGREEMENT AND VACATION OF STREETS AND ALLEYS The City may terminate this Agreement at any time upon thirty (30) days notice provided to Network, if the City determines that the property or public right-of-way is needed for a public purpose and should be cleared of any and all obstructions. When not in conflict with other City purpose, need or use, as long as the Network exercises the rights granted to it hereunder, the City will not, by ordinance or otherwise, vacate any street, alley or public property in which the Network has installed its facilities without reserving such rights as necessary to allow continued use of such property for the said facilities in accordance with the terms of this agreement, provided that nothing herein shall limit the City's right to require the Network to relocate its facilities as provided in Section 8 hereof. The Network may terminate this agreement: (i) at any time, without cause, upon notice to the City or (ii) upon the City's breach of any provision of this agreement and such breach is not cured within thirty (30) days after receipt of written notice of the breach. Upon termination of this agreement, the Network shall, at its own expense, restore the City's property to substantially the same condition as existed prior to Network's disturbance of the right-of-way in accordance with this agreement. SECTION 17. DELIVERY OF NOTICES Except as may be expressly provided herein, any notices hereunder shall be in writing and shall be delivered via certified mail and addressed as follows, unless indicated otherwise in the future: If to City: Public Works Director City of Iowa City City Hall 410 E. Washington Street Iowa City, IA 52240 If to Network: In -House Counsel Network Real Estate Manager Mobilitie, LLC Mobilitie, LLC 2220 University Drive 120 S Riverside Plaza, Suite 1800 Newport Beach, CA 92660 Chicago, IL 60606 888-597-1175 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 0 56 forms of notice if actually received by addressee. Notice shall be deemed given on date of mailing in case of certified mail, or otherwise on the date actual notice is received. SECTION 18. RECORDATION This agreement shall be recorded in the Johnson County Recorder's Office, at Network's expense. Dated this 1st day of November 2016. CITY OF IOWA CITY L, JErn es A. Throgmorton, Mayor Attest: Cityberk Ap pved byJ City Attorney's Office '•L.L.C. (ORfORRiESEAI CITY OF IOWA CITY ACKNOWLEDGMENT STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this 1-" day of NO✓Phtbei—. 2016. before me anneared lames A. Thrnmmnrtnn anri Marian K. Karr, as Mayor and City Clerk, respectively, of the City of Iowa City, a municipal corporation, and said that the seal affixed thereto is the seal of said municipal corporation; that said instrument was signed and sealed on behalf of said corporation, and acknowledged the execution said instrument to be the voluntary act and deed and the voluntary act and deed of said corporation, by it and by them voluntarily executed. NotAry Public in and fod the State of Iowa My commission expires: d" r Commission Number L�WG MY Com ission E pf es 18 OWA THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK 7 '36 CALIFORNIA CERTIFICATE OF ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the indlv)dual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document State of California ) County of Draw— On ) I On I ©! I-1 0,19 1� before me, --& "alp- "C alp ep– /� (here insert name and title of the officer) personally appeared_ 1 ItO 's who proved to me on the basis of satisfactory evidence to be the person() whose nameW is/are subscribed to the within instrument and acknowledged to me that he/s4Tefthey- executed the same in his/heritheir authorized capacity(iea}, and that by his/IaerFtgeir signature(,tr)`on the instrument the person(,;)', or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. MACKENIIE GEE COMM. #2151196 z Notary Public • California County o WITNESS m hand and official seal, zORY Orange fs!Z. Y Comm. Ej Kn r. 29, 2020 Signature j" (J�(C G7 fL!!i IS.eC_ (Seal) Optional Information Although the Information in this section is not required bylaw, it could prevent fraudulent removal and reattachment of this acknowledgment to an unauthorized document and may prove useful to persons relying on the attached document. Description of Attached Document The preceding Certificate of Acknowledgment is attached to a document titled/for the purpose of containing pages, and dated The signer(s) capacity or authority is/are as: Individuals) ' Attorney -in -Fact ] Corporate Officer(s)- Tltlels) ] Guardian/Conservator ,] Partner bmited/General i ] Trustee(s) [ ] Other: representing: Namets) o' Persan(s) o: rmity(es) Signer is Represenun9 i Method of Signer Identification Proved to me on the basis of satisfacory evidence: ( r form(s) of identification credible wanesstes) Notarial event is detailed in notaryiournal on: Page - -_ Entry If Notary contact: _Other [ Additional Signers) [ ] Signeisil Thumbprint(s) [ 0 Copyright 2907-2015 Notary Rotary,ine Pit Boa 41400. Des Moines, IA SD311 OS07 All Rights Reserved nem Number 101772 Pirate contact your Authorized Resel'er to purchase copies o' this form 'l� ■m .Rd -y - 15 [q z tdevrton Rd � Z Hubloard Pork —W. lowSt to m a o S. 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VV Court St c � n o i c � O t o r: P.7yrtle Ave c' YO 6 Zo V G Market St - Iowa City, IA EXHIBIT A 1 Proposed Mini Macro Sites Cedar Rapids • Proposed Mini Macro Candidate = Iowa City A 0 0.1 0.2 0.4 I I 1 1 1 1 1 1 1 Miles Dale Created: 629/20163:11:12 PM 1'1"lobllltl� intelligent Infrastructure N ` Colbgo E Waaln E College St C7 Park College 9 LO U v: C .E _._ i en Iowa 0 ty J E Court St n � � J E Harrison St Gm c o E Prentiss St to e Bowery St c n Approximate Address 328 N ClintonSt a Closest Intersection = E Davenport S[ & N Clinton St Iowa City, IA EXHIBIT A 1 Proposed Mini Macro Sites Cedar Rapids • Proposed Mini Macro Candidate = Iowa City A 0 0.1 0.2 0.4 I I 1 1 1 1 1 1 1 Miles Dale Created: 629/20163:11:12 PM 1'1"lobllltl� intelligent Infrastructure Prepared by Sarah Walz, Associate Planner, 410 E. Washington, Iowa City, IA 52240; 3191356-5230 DECISION IOWA CITY BOARD OF ADJUSTMENT WEDNESDAY, OCTOBER 12, 2016 EMMA J. HARVAT HALL MEMBERS PRESENT: Becky Soglin, Tim Weitzel, Connie Goeb, T. Gene Chrischilles�,-L.arry Baker 7 ;Zq MEMBERS ABSENT: None. - STAFF PRESENT: Sarah Walz, Sue Dulek i Tr OTHERS PRESENT: Mark Bulecheck, Duane Musser, Rick Streb SPECIAL EXCEPTION ITEMS: _n 1. EXC16-00007: A public hearing regarding an application submitted by Mark Bulechek for a special exception to reduce the front principal building setback for property located in the Low -Density Single -Family (RS -5) zone at 9 Forest Glen. 5' The Board concludes that the situation is peculiar to the property and there is practical difficulty complying with the setback requirements based on the following findings: • The subject house is set at a slight angle to the front property line: the south end of the house is set nearest to the front property line at 22.59 feet; the north end of the house is set at 24.74 feet. • The existing back-to-back bathrooms are located at the front of the house. This presents some challenges to making them handicapped accessible given the existing floor plan, internal plumbing, and topography of the lot. • This property is established along a curved cul-de-sac, approximately 450 feet in length. All properties along the street are developed. There is not a consistent setback along this frontage. • Houses set on the abutting lots are set at a more severe angle to the street, with garages set to the front of the house. The Board concludes that granting the special exception will not be contrary to the purpose of the setback regulations, based on the following findings: • The proposed setback reduction is at the front of the house and thus will not reduce light, air, or separation for fire protection or access for fire fighting between buildings and will not reduce setbacks or privacy between dwellings. • There is no uniform setback along this street; and many houses along the frontage, including the subject house, are at a lower elevation than the street. • It is unlikely that sidewalks will be established along this street; however, reducing the setback to 14 feet for the proposed addition would preserve adequate space for privacy from the street. The Board concludes that any potential negative effects resulting from the setback exception are mitigated to the extent practical based on the following finding: lulllllWIIIIIIiIIllulllllllllll IIIIIVIIIVIIIIIIIVIIIIIIIIVIIIIIIIII Doc ID: 026563920005 Type: GEN Kind: DECISION Recorded: 11/10/2016 at 11:39:34 AM Fee Amt: $27.00 Page 1 of 5 Johnson County Iowa Kim Painter County Recorder BK5585 pe716-720 '6t� • The applicant has agreed to include windows along the front face of the addition in order to reflect the traditional house style along its street -facing fagade. The Board finds that there will be no change to the side setback and thus concludes that the subject building will be located no closer than 3 feet to a side or rear property. Based on the findings above, the Board concludes that the specific proposed exception will not be detrimental to or endanger the public health, safety, comfort or general welfare; will not reduce light, air, or separation for fire protection or access for fire fighting between buildings; will not be injurious to the use and enjoyment of other property in the immediate vicinity and will not substantially diminish or impair property values in the neighborhood and will not impede the normal and orderly development and improvement of the,tsyrrou�nding"j j property for uses permitted in the zone in which such property is located. :f ­ :=r{ D �p The Board finds that all utilities and drainage for the property are already provR4, with the exception of public sidewalk. However, given the curved, cul-de-sac street desfg�-towv�qffic FFI volume, lack of sidewalks on adjacent properties, and topography of the area-rsldeW7 lks t should be required at this time. The Board concludes that the proposed addition will not generate additional traffic and'.thus will not impact ingress or egress from the site. The Board concludes that all other aspects of the proposed addition not specifically reviewed as part of this application conforms with the zoning code. The Board concludes that the Comprehensive Plan does not address this issue other than to encourage re -investment in existing homes and neighborhoods. DISPOSITION: By a vote of 5-0, the Board approved EXC16-00007, a special exception seeking to reduce the front principal setback to yallow a 10 x 17 foot home addition for property located in the Low Density Single -Family (RS -5) zone at 9 Forest Glen, subject to the following conditions: • Substantial compliance with the floor plan submitted. • Inclusion of windows on the front face of the home addition—one per bathroom. 2. EXC16-00009: A public hearing regarding an application submitted by Tom Streb for a special exception to allow expansion of an existing Quick Vehicle Servicing Use located in the Neighborhood Commercial (CN -1) zone located at 2221 Rochester Avenue. The Board concludes that all vehicular use areas, including parking and stacking spaces, drives, aisles, and service lanes, will be screened from the public right of way to the S2 standard and to the S3 standard along any side or rear lot line that abuts a residential zone boundary based on the following findings: • The subject property does not abut a residential zone. The submitted site plan indicates new landscaping between the parking and service areas and Rochester Avenue, on the north side of the lot. A detailed landscaping plan will be reviewed by staff to determine compliance with the S2 screening standard. -JLp The Board finds that there is adequate space on the private lot and between pumping stations and the public street for vehicles to stack along the shared private drive and within the private parking area. The Board finds that the unenclosed canopy and gas pump islands are set back more than 10 feet from the nearest street right-of-way, which is Rochester Avenue, and more than 100 feet from the nearest residentially zoned properties. The Board finds that a lighting plan must be reviewed as part of the building permit process and must meet Zoning Code standards. The Board concludes that the proposed use will be designed and developed with adequate separation and screening between vehicular use areas and adjacent residential zones based on the submitted site plan, which indicates landscape screening between the parking area and the Rochester Avenue right-of-way. The parking and service areas are set back more than 30 feet from the public sidewalk on Rochester Avenue. The Board finds that no carwash is proposed as part of this application. The Board finds that a lighting plan must be reviewed as part of the building permit process and all lighting must meet current code standards. The Board concludes that the specific proposed exception will not be detrimental to or endanger the public health, safety, comfort or general welfare based on the following findings: • The pumps exceed the minimum setbacks from residential zones. • Pedestrian access is provided to the convenience store and does not cross the vehicle service area. • Bicycle parking is located to the north of the building so that bicycles do not come into conflict with the vehicle service area. • Vehicle parking within the private lot meets the zoning code requirements for terminal islands at the end of the parking rows (this includes the triangular raised planter at the front of the building). However, the Board finds that the existing monument sign along Rochester Avenue blocks views of the sidewalk for exiting vehicles. Because the expansion of the quick vehicle servicing use will likely attract additional customers, the Board concludes the sign should be relocated so as not to impede views of the sidewalk, which will help ensure the safety of pedestrians crossing the driveway. The Board concludes that the specific proposed exception will not be injurious to the use and enjoyment of other property in the immediate vicinity and will not substantially diminish or impair property values in the neighborhood and will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the zone in which such property is located based on the findings above regarding setbacks and screening. The Board finds that all utilities, access roads, drainage, etc. are being provided for the site. ,� The Board concludes that adequate measures have been or will be taken togovide,�Mgress or egress designed so as to minimize traffic congestion on public streetsxfbase&pn the..,. amount of stacking space on the private lot and the use of shared dr4ves� wi in they $ commercial site. �7 r —icy —r t CI CSi Ib4 The Board concludes that, except for the specific regulations and standards applicable to the exception being considered, the specific proposed exception will, in all other respects, conform to the applicable regulations or standards of the zone in which it is to be located based on the findings above in addition to the following: The gas station/convenience store was established prior to the current CN -1 development standards. Because the building on the site is not being modified, it is not practical to come into full compliance with the current requirements for the CN -1 zone. • The proposed site plan shows landscape screening in compliance with the zoning code requirements. • Bicycle parking has been relocated to a more convenient location that is not in conflict with the vehicle use area. • All other elements of the parking area are in compliance with the code standard. • The applicant has agreed to provide S2 landscape screening in the area between the pump islands and the shared private drive, as recommended by staff. This will better define the drive minimize the appearance of the large parking area, which is a goal of the CN -1 zone. The Board finds that the Comprehensive Plan identifies this location as appropriate for Neighborhood Commercial uses. DISPOSITION: By a vote of 4-1 (Soglin voting no), the Board approved EXC16-00009, a special exception to allow the expansion of the Quick Vehicle Servicing Use in the Neighborhood Commercial (CN -1) zone at 2221 Rochester Avenue, subject to the following conditions: • Substantial compliance with the site plan submitted with the following alterations: Staff approval of a detailed S2 landscaping plan for areas to the north and west of the parking and vehicle fueling areas. If the monument sign is determined to be non -conforming, it must be relocated so as not to impede views of the sidewalk. TIME LIMITATIONS: All orders of the Board, which do not set a specific time limitation on Applicant action, shall expire six (6) months from the date they were filed with the City Clerk, unless the Applicant shall have taken action within such time period to establish the use or construct the improvement authorized under the terms of the Board's decision. City Code Section 14-8C-1 E, City of Iowa City, Iowa. Approved by: CDM V -Larry Baker, ChairpersonIImo_ 2P City Attorney's Office--"-, +� ri u 1,71 ca C STATE OF IOWA ) r -n 2P JOHNSON COUNTY ) I, Marian Karr, City Clerk of the City of Iowa City, do hereby certify that the Board of Adjustment Decision herein is a true and correct copy of the Decision that was passed by the Board of Adjustment of Iowa City, Iowa, at its regular meeting on the 9th day of October, 2016, as the same appears of record in my Office. Dated at Iowa City, this day of ) ;n A- , 20/U2 Maria .Karr, City Clerk''�J j�' ar 0 CA �b Page 1.'f 1 . • • BK5589 Pal Prepared by; 11ollertsen..Brit & Gorsline P.C.. 5119 Utica Rim Road Davenport IA 52807• (563)324-0441 Address Tax Statement r °� ^F Iowa City 410E Washing6Gn St Iowa City L9 52240 Retain d Type: GEN at 01:15:09 PM 1of 1 Forthe consideration ofthe sum of $1.00 Dollar and othervaluable consideration, Towne & Country Manor Development Corp., a corporation organized and existing under the laws of Iowa, does hereby Quit Claim to the :City oflowa2City a municipal corporation, the following described real estate in Johnson County, Iowa: Outlot A, General Quarters - Part One, Iowa City, Iowa, according to the plat thereof recorded in Book 48, page 132, Plat Records of Johnson County, Iowa, subject to easements and restrictions of record This Deed is exempt from Iowa Transfer Stamps by virtue of Section 428A.2(21) of the 2015 Code of Iowa. The Corporation hereby covenant 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, and as masculine or feminine gender, according to the context. Dated this P' 7 day of 02c .Eur. -, 2016. STATE OF IOWA, SCOTT COUNTY, SS. On this 2 - _ day of 12xay.-� '2016, before, me the undersigned a Notary Public in and for said State, personally appearedl3anicl P. IJalan to me personally known, who being by me duly sworn, did say that he is the President of Towne & Country Manor Development Corporation; that no seal has been procured by the said corporation, that said instrument was signed on behalf of said corporation by authority of its Board of Directors; and that Dalfiel?. Dolan: as such officer, acknowledged the execution ofsaid instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. 9 Book: 6589 Page: 169 Seq:1 � w II II II I IIIIIII IIIIII III VIII VIII VIII VIII VIII u III ulu VIII I� VIII VIII IIII II II Doc ID: 026571170003 Type: GEN Kind: RESOLUTION Recorded: 11/15/2016 at 01:21:35 PM Fee Amt: $17.00 Page 1 of 3 Johnson County Iowa Kim Painter County Recorder aK5589 PG160-162 STATE OF IOWA ) ) SS JOHNSON COUNTY ) a t 1 f City of �*A I, Manan K. Karr, City Clerk of Iowa City, Iowa, do hereby certify that the Resolution attached hereto is a true and correct copy of Resolution No.16-308 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 15th day of November, 2016, all as the same appears of record in my office. Dated at Iowa City, Iowa, this ��O 6 y �Oa0000eo�� �o day of 't/evrLhe r— 2016. Manan K. Karr City Clerk fires COUNTER 410 EAST WASHINGTON STREET • IOWA CITY, IOWA 52240-1826 • (319) 356-5000 • FAX (319) 356-5009 0 4d(2) Prepared by: Sara Greenwood Hektoen, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240, 356-5030 RESOLUTION NO. 16-308 RESOLUTION APPROVING THE ACCEPTANCE OF THE DEDICATION OF OUTLOT A, GENERAL QUARTERS, PART ONE, IOWA CITY, JOHNSON COUNTY, IOWA, AND OUTLOT B, COUNTRY CLUB ESTATES, FIFTH ADDITION AS PUBLIC OPEN SPACE. WHEREAS, the City and Towne and Country Development Corporation entered into a subdivider's agreement for General Quarters, Part One, recorded at Book 3808, Page 432, in the records of the Johnson County, Iowa Recorder's Office, contemporaneously with the final platting of said subdivision; and WHEREAS, pursuant to said Subdivider's Agreement, Towne and Country agreed to dedicate Outlot A to the City for public open space, and the City agreed to accept the dedication of said outlot upon the satisfaction of certain conditions set forth in said agreement; and WHEREAS, the City and S&J Development, LLP also entered into a subdivider's agreement for Country Club Estates, Fifth Addition, recorded at Book 5168, Pages 362, in the records of the Johnson County, Iowa Recorder's Office, contemporaneously with the final platting of said subdivision; and WHEREAS, pursuant to said Subdivider's Agreement, S&J Development agreed to dedicate Outlot B to the City for public open space, and the City agreed to accept the dedication of said outlot upon the satisfaction of certain conditions set forth in said agreement; and WHEREAS, Staff finds that these conditions have been satisfied; and WHEREAS, the City Council finds acceptance of said dedications to be in the public interest. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. Acceptance of the above -referenced parcels for public open space, in a form of conveyance approved by the City Attorney's Office, is hereby approved and authorized. 2. The Mayor is authorized to sign and the City Clerk to attest any and all documentation necessary to effectuate the acceptance of said dedications and to record the same at the Towne and Country and S&J Development's expense. Passed and approved this 15th day of November 2016. . ...... . ............ MAYO o Appr, ved by "LER ' City Attorney's Office ..� a� CORPO�I�SE� nqA r e -r V Resolution No. Page 2 16-308 It was moved by Cole and seconded by Dickens the Resolution be adopted, and upon roll call there were: AYES: NAYS: x x x x x x ABSENT: X ABSTAIN: Botchway Cole Dickens Mims Taylor Thomas Throgmorton Doc ID: 026587750011 Type: GEN Kind: ORDINANCE Recorded: 12/09/2016 at 12:04:20 PM Fee Amt: $57.00 Page 1 of 11 Johnson County Iowa Kim Painter County Recorder BK5596 PG404-414 STATE OF IOWA ) ) SS JOHNSON COUNTY ) 1 '0a City or I, Marian K. Kan, City Clerk of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of Ordinance No.16-4686 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 6th day of December, 2016, is a true and correct copy, all as the same appears of record in my office. Dated at Iowa City, Iowa, this 74'1 day of L�-'Ce r' , 2016. Marian I . arr City Clerk \ord COPPOM E 5N 410 EAST WASHINGTON STREET 9 IOWA CITY, IOWA 52240-1826 • (319) 356-5000 • FAX (319) 356-5009 Prepared by: Karen Howard, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5251 (REZ16-00002) ORDINANCE NO. 16-4686 AN ORDINANCE CONDITIONALLY REZONING PROPERTY FROM INTENSIVE COMMERCIAL (CI -1) ZONE AND PUBLIC (P-1) TO RIVERFRONT CROSSINGS — SOUTH GILBERT DISTRICT (RFC -SG) ZONE FOR APPROXIMATELY 8.52 ACRES LOCATED AT 1225 S. GILBERT STREET, 1301 S. GILBERT STREET, AND 1201 S. GILBERT STREET. (REZ16-00002) WHEREAS, 1225 Gilbert, LLC, Pleasant Valley, LP, and 1201 Gilbert LLC, collective owners of a tract of land located on South Gilbert Street, desire to redevelop said tract and therefore have requested it be zoned Riverfront Crossings — South Gilbert (RFC -SG) subject to the same conditions imposed to meet public needs created by this zoning action; WHEREAS, the property locally described as 1225 South Gilbert Street and 1301 S. Gilbert are currently zoned Intensive Commercial (CI -1) Zone and Neighborhood Public (P-1); WHEREAS, the property locally described as 1201 S. Gilbert Street is currently zoned RFC -SG subject to certain conditions, including one that established the location of a future pedestrian street, which the Owners now desire to relocate in alignment with 2nd Street to accommodate the cohesive redevelopment of the tract, which will include the adaptive re -use of an existing building at 1225 S. Gilbert Street; and WHEREAS, the Downtown and Riverfront Crossings Master Plan was adopted in January 2013 as an integral part of the City's Comprehensive Plan and the subject properties are located in the South Gilbert Subdistrict of the Riverfront Crossings District; and WHEREAS, the RFC -SG Zone is one of the primary tools being used to transform the auto -dependent, sometimes quasi -industrial properties in the South Gilbert Subdistrict of Riverfront Crossings, into a new walkable, mixed-use neighborhood; and WHEREAS, the RFC -SG Zone allows redevelopment that will create a more pedestrian -friendly character along Gilbert Street by establishing more space and amenities along the street for pedestrians, creating a place where people will feel safe and comfortable walking, tempering auto -dominated frontages by locating buildings closer to the street with parking behind or to the side of buildings, and creating a place where people can live close to the Iowa River, Ralston Creek and the new riverfront park, and to shopping, restaurants, and other services; and WHEREAS, the rezoning of these properties is a desirable step in achieving the vision of the Riverfront Crossings Master Plan; and WHEREAS, the increased density of residential living and mix of uses allowed with the RFC -SG zoning will result in the need for an improved "public realm," including better street connections that create developable frontage areas for new buildings, safer and more attractive areas for people to walk and bike, usable open space, and the possibility for green infrastructure to address quantity and quality of stormwater run-off appropriate to an urban neighborhood adjacent to Ralston Creek and the new Riverfront Crossings Park; and WHEREAS, the requested rezoning will result in a significant increase in the residential population in the area, which will increase the pedestrian and bicycle traffic along Gilbert Street and along planned pedestrian streets that provide access to the new park, trails, and the Iowa River and, therefore, additional public right- of-way and access easements for planned pedestrian streets, for widening pedestrian areas along Gilbert Street, and for access to parking areas interior to the block will be needed to ensure public safety and to provide a more attractive environment for residential living; and WHEREAS, the request to shift the previously designated pedestrian street north to align with 2nd Street is an equally desirable location for the east -west pedestrian street connection from Gilbert Street to the new Riverfront Park; and WHEREAS, the Planning and Zoning Commission has reviewed the proposed rezoning and relocation of the pedestrian street location and determined that they comply with the Comprehensive Plan, provided: land is dedicated to the City to widen the Gilbert Street right-of-way to create a larger landscape buffer between the traffic lanes and the public sidewalk, and to establish a buffer and pedestrian area along the Ralston Creek frontage; public access easements are granted to establish a rear lane for vehicular access to parking areas and future traffic circulation between neighboring properties and to establish a pedestrian street that aligns with 2nd Street; and to require that the tract of land be subdivided prior to issuance of any building 'Ordinance No. 16-4686 Page 2 permit for any portion of the tract to establish the aforementioned street, alley, and block pattern anticipated in the Riverfront Crossings Master Plan; and WHEREAS, Iowa Code §414.5 (2015) provides that the City of Iowa City may impose reasonable conditions on granting an applicant's rezoning request, over and above existing regulations, in order to satisfy public needs caused by the requested change; and WHEREAS, the Owners have agreed that the property shall be developed in accordance with the terms and conditions of the Conditional Zoning Agreement attached hereto, to satisfy public needs caused by the requested development 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, that property legally described below is hereby zoned Riverfront Crossings - South Gilbert (RFC -SG): 1201 S. Gilbert Street A PORTION OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 15, TOWNSHIP 79 NORTH, RANGE 6 WEST, OF THE FIFTH PRINCIPAL MERIDIAN, IOWA CITY, JOHNSON COUNTY, IOWA, INCLUDING A PORTION OF VACATED BLOCKS THREE AND SIX OF COOK'S, SARGENT, AND DOWNEY'S ADDITION, DESCRIBED AS FOLLOWS: Commencing at the Northeast Corner of Vacated Block Three, of Cook's, Sargent, and Downey's Addition to Iowa City, Johnson County, Iowa, in accordance with the Plat thereof Recorded in Deed Book 16, at Page 84, of the Records of the Johnson County Recorder's Office; Thence S01 °01'45"E, along the West Line of Gilbert Street, 80.00 feet, to The Point of Beginning; Thence continuing S01 001'45"E along said West Line, 360.00 feet; Thence S88041'01 "W, 450.00 feet; Thence N08°00'11"E, 445.88 feet, to a Point on the Westerly Extension of the North Line of said Vacated Block Three; Thence N88°41'01"E, along said Westerly Extension and North Line, 260.00 feet; Thence S01 °01'45"E, 80.00 feet; Thence N88°41'01 "E, 120.00 feet, to the Point of Beginning. Said Rezoning Parcel contains 3.97 Acres (172,998 square feet), and is subject to easements and restrictions of record. 1225 & 1301 S. Gilbert Street A parcel of land in Government Lot 3 in the SWI/4 of Section 15 T79N R6W of the 5th PM in Iowa City, Johnson County, Iowa, said parcel being particularly described as follows. Beginning at a point (the point of beginning) being 440 feet south of the northeast corner of Block 3 in Cook, Sargent and Downey's Addition to Iowa City, Iowa, and on the west line of Gilbert Street (formerly Linn Street and formerly Cook Street) thence south along the west line of Gilbert Street to the intersection of the west line of Gilbert Street and a line which lies 110 feet normally distant northeasterly of and parallel to the centerline of primary road No US 6, thence northwesterly along a line 110 feet normally distant northeasterly of and parallel to the centerline of said primary road No US 6 to the easterly bank of Ralston Creek, thence northerly along the easterly bank of Ralston Creek a point that is 450 feet west of the point of beginning, thence east 450 feet along a line parallel with and 440 feet south of the north line of Block 3 in Cook, Sargent and Downey's Addition to the point of beginning. SECTION It. ZONING MAP. The building official is hereby authorized and directed to change the zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval and publication of the ordinance as approved by law. SECTION III. CONDITIONAL ZONING AGREEMENT. The mayor is hereby authorized and directed to sign, and the City Clerk attest, the Conditional Zoning Agreement between the property owner(s) and the City, following passage and approval of this Ordinance. SECTION IV. CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance, the City Clerk is hereby authorized and directed to certify a copy of this ordinance, and record the same in the Office of the County Recorder, Johnson County, Iowa, at the Owners expense, upon the final passage, approval and publication of this ordinance, as provided by law. SECTION V. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION VI. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION VII. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Ordinance No. 16-4686 Page 3 Passed and approved this 6th day of December 2016. MAY ATTEST: T CLERK App oved by City Attorney's Office /,/z 7111, Ordinance No. 16-4686 Page 4 It was moved by Mims and seconded by Dickens Ordinance as read be adopted, and upon roll call there were: AYES NAYS: ABSENT: ABSTAIN: Botchway Cole Dickens Mims Taylor Thomas Throgmorton First Consideration 11/15/2016 Voteforpassage: AYES: Cole, Dickens, Mims, Taylor, Thomas Botchway. NAYS: None. ABSENT: Throgmorton. Second Consideration _ Vote for passage: Date published 12/15/2016 Moved by Mims, seconded by Thomas, that the rule requiring ordinances to be considered and voted upon 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:Dickens, Mims, Taylor, Thomas, Throgmorton, Botchway, Cole. NAYS: None. ABSENT: None. that the Prepared by: Karen Howard, 410 E. Washington, Iowa City, IA 52240 (319) 356-5251 (REZ16-00002) CONDITIONAL ZONING AGREEMENT THIS AGREEMENT is made among the City of Iowa City, Iowa, a municipal corporation (hereinafter "City"), and 1225 Gilbert, LLC, Pleasant Valley, LP, and 1201 Gilbert LLC, (collectively referred to hereinafter as "Owners"). WHEREAS, Owners are the collective legal title holders of approximately 8.52 acres of property located at 1201 S. Gilbert Street, 1225 S. Gilbert Street, and 1301 S. Gilbert Street in Iowa City; and WHEREAS, the Owners have requested the rezoning of property at 1225 S. Gilbert Street and 1301 S. Gilbert Street from Intensive Commercial (CI -1) and Neighborhood Public (P-1) to Riverfront Crossings — South Gilbert (RFC -SG); and to modify the location of a pedestrian street established pursuant to a conditional zoning agreement for property at 1201 S. Gilbert Street; and WHEREAS, Iowa Code §414.5 (2015) provides that the City of Iowa City may impose reasonable conditions on granting an applicant's rezoning request, over and above existing regulations, in order to satisfy public needs caused by the requested change; and WHEREAS, the increased density of residential living and mix of uses allowed with the RFC -SG zoning will result in the need for an improved "public realm," including better street connections that create developable frontage areas for new buildings, safer and more attractive areas for people to walk and bike, usable open space, and the possibility for green infrastructure to address quantity and quality of stormwater run-off appropriate to an urban neighborhood adjacent to Ralston Creek and the new Riverfront Crossings Park; and WHEREAS, the requested rezoning will result in a significant increase in the residential population in the area, which will increase the pedestrian and bicycle traffic along Gilbert Street and along planned pedestrian streets that provide access to the new park, trails, and the Iowa River and, therefore, additional public right-of-way and access easements for planned pedestrian streets, for widening pedestrian areas along Gilbert Street, and for access to parking areas interior to the block will be needed to ensure public safety and to provide a more attractive environment for residential living; and WHEREAS, certain conditions and restrictions are reasonable to ensure the development of the property is consistent with the Comprehensive Plan, including the need for a safe, attractive, and comfortable environment for residential living; access to parks, trails, and public space amenities; and improved pedestrian, bicycle, and vehicular routes; and WHEREAS, the Planning and Zoning Commission has determined that, with appropriate conditions to ensure an appropriate environment for residential living, including access to parks, trails and public space amenities, improved pedestrian and bicycle safety and comfort and to provide for safe traffic circulation upon redevelopment, the requested zoning is consistent with the Comprehensive Plan; and, WHEREAS, the high percentage of housing cost -burdened households is the most common housing problem within the City of Iowa City, and one of the primary areas where people face housing affordability challenges is near the University campus and the City's urban core; and, WHEREAS, The Riverfront Crossings District is well -situated to support a mix of housing due to its close proximity to downtown Iowa City and the University of Iowa campus, its existing and planned mix of uses, convenient access to public transit and municipal parking facilities; and, WHEREAS, the Riverfront Crossings Form Based Code is intended to encourage a walkable, pedestrian -friendly area where residents can work, live and play, and will increase the need for housing that is affordable to the workforce; and 1 of 6 WHEREAS, the rezoning to RFC -SG will allow mixed-use development, including residential uses, at a density not previously permitted; and, WHEREAS, the Riverfront Crossings Form Based Code requires that upon a rezoning to a riverfront crossings zoning designation, the property owner must enter into an agreement with the city to establish which method or methods the Developer will use to provide the required affordable housing. NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties agree as follows: Owners are the collective the legal title holders of the property legally described as follows: A PORTION OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 15, TOWNSHIP 79 NORTH, RANGE 6 WEST, OF THE FIFTH PRINCIPAL MERIDIAN, IOWA CITY, JOHNSON COUNTY, IOWA, INCLUDING A PORTION OF VACATED BLOCKS THREE AND SIX OF COOK'S, SARGENT, AND DOWNEY'S ADDITION, DESCRIBED AS FOLLOWS: Commencing at the Northeast Corner of Vacated Block Three, of Cook's, Sargent, and Downey's Addition to Iowa City, Johnson County, Iowa, in accordance with the Plat thereof Recorded in Deed Book 16, at Page 84, of the Records of the Johnson County Recorder's Office; Thence S01 °01'45"E, along the West Line of Gilbert Street, 80.00 feet, to The Point of Beginning; Thence continuing S01°01'45"E along said West Line, 360.00 feet; Thence S88°41'01"W, 450.00 feet; Thence N08°00'11"E, 445.88 feet, to a Point on the Westerly Extension of the North Line of said Vacated Block Three; Thence N88°41'01"E, along said Westerly Extension and North Line, 260.00 feet; Thence S01001'45"E, 80.00 feet; Thence N88°41'01"E, 120.00 feet, to the Point of Beginning. Said Rezoning Parcel contains 3.97 Acres (172,998 square feet), and is subject to easements and restrictions of record. And A parcel of land in Government Lot 3 in the SW1/4 of Section 15 T79N R6W of the 5th PM in Iowa City, Johnson County, Iowa, said parcel being particularly described as follows. Beginning at a point (the point of beginning) being 440 feet south of the northeast corner of Block 3 in Cook, Sargent and Downey's Addition to Iowa City, Iowa, and on the west line of Gilbert Street (formerly Linn Street and formerly Cook Street) thence south along the west line of Gilbert Street to the intersection of the west line of Gilbert Street and a line which lies 110 feet normally distant northeasterly of and parallel to the centerline of primary road No US 6, thence northwesterly along a line 110 feet normally distant northeasterly of and parallel to the centerline of said primary road No US 6 to the easterly bank of Ralston Creek, thence northerly along the easterly bank of Ralston Creek a point that is 450 feet west of the point of beginning, thence east 450 feet along a line parallel with and 440 feet south of the north line of Block 3 in Cook, Sargent and Downey's Addition to the point of beginning. 2. The Owners acknowledge that the City wishes to ensure conformance to the principles of the Comprehensive Plan, including the South Gilbert Subdistrict of the Downtown and Riverfront Crossings Master Plan, and the Owners intend to comply therewith. Further, the parties acknowledge that Iowa Code §414.5 (2015) provides that the City of Iowa City may impose reasonable conditions on granting a rezoning request, over and above the existing regulations, in order to satisfy public needs caused by the requested change. 2of6 3. In consideration of the City's rezoning the subject property, Owners agree that development of the subject property will conform to all requirements of the zoning chapter, as well as the following conditions: a. Prior to issuance of any occupancy permit, land shall be dedicated along South Gilbert Street to improve conditions along the street necessary for the increase in pedestrians, bicyclists, and motorists anticipated with the rezoning according to the goals and objectives of the Riverfront Crossings Master Plan. The ROW dedication shall be 40 feet in depth along the frontage of properties locally described as 1225 S. Gilbert and 1201 S. Gilbert Street. To accommodate adequate pedestrian space along the street near the intersection with U.S. Highway 6, dedication shall be 50 feet in depth along the frontage of property locally known as 1301 S. Gilbert Street. The Owners may continue to use any portion of the dedicated right-of-way pursuant to an agreement with the City for temporary use of right-of-way, until such time as Gilbert Street is improved or when properties along Gilbert Street are redeveloped, whichever occurs first. b. Prior to issuance of any occupancy permit, a strip of land 30 feet in depth as measured from the top of the bank of Ralston Creek along all properties described above shall be dedicated to the City, which shall be cleared of any existing structures and materials at Owner's expense once the business currently operating at 1301 S. Gilbert Street ceases operation. c. Prior to issuance of a building permit for any new building on any of the subject properties, a final plat shall be approved that establishes a private street that extends west from Gilbert Street to the 30 -foot Ralston Creek pedestrian street established pursuant to Paragraph 3b above. This street must align with 2nd Street and have a minimum 60 -foot right-of-way for the pedestrian street portion and 80 feet for the vehicular portion. In addition, the final plat shall establish a 30 - foot wide cross -access easement in a location parallel to and west of Gilbert Street in a manner that will provide adequate lot depth for new buildings that front on Gilbert Street in compliance with the RFC -SG Zone, safe and adequate traffic circulation, and access to parking according to the Riverfront Crossings Master Plan. This public cross -access easement must be designed as a private rear alley that provides access to parking areas located behind buildings, as illustrated in the Riverfront Crossings Master Plan and according to the RFC -SG zoning standards. d. Owner shall satisfy the affordable housing obligations imposed pursuant to Iowa City Code of Ordinances 14-2G-8 through the provision of on-site owner - occupied dwelling units, on-site rental dwelling units, and the payment of a fee in lieu of the remaining dwelling units not provided on-site or as otherwise agreed to between Owner and the City in an affordable housing agreement entered into prior to issuance of a building permit for development of any portion of the above- described property. 4. The conditions contained herein are reasonable conditions to impose on the land under Iowa Code §414.5 (2015), and that said conditions satisfy public needs that are caused by the requested zoning change. 5. In the event the subject property is transferred, sold, redeveloped, or subdivided, all development will conform with the terms of this Conditional Zoning Agreement. 6. This Conditional Zoning Agreement shall be deemed to be a covenant running with the 3of6 land and with title to the land, and shall remain in full force and effect as a covenant with title to the land, unless or until released of record by the City of Iowa City. 7. This agreement shall inure to the benefit of and bind all successors, representatives, and assigns of the parties. 8. Nothing in this Conditional Zoning Agreement shall be construed to relieve the Owner or Applicant from complying with all other applicable local, state, and federal regulations. 9. This Conditional Zoning Agreement shall be incorporated by reference into the ordinance rezoning the subject property, and that upon adoption and publication of the ordinance, this agreement shall be recorded in the Johnson County Recorder's Office at the Owners' expense. Dated this day of ��%E�L>li / '2016. CITY OF IOWA/CITY J' ' di§7fitofmgitpn, May Attest: �pariil, Deputy City Clerk Approved by: j City Attorney's Office 4of6 By: 120),Qfte�t LLC By: 122 CgHbert LLC ��WkA By: Pleasant Valley, LP COPPO TE SEX CITY OF IOWA CITY ACKNOWLEDGEMENT: STATE OF IOWA ) ) ss: JOHNSON COUNTY ) This instrument was acknowledged before me on I -11 (o , 2016 by James -Dep,. Throgmorton and Su-IreVcFa r. I as Mayor and City Cleric, respectively, of the City of Iowa City. - C� Notdry Public in and "o5 a State of Iowa (Stamp or Seal) til -4f KELLIE K...... ING Title (and Rank) w c MY'� n� ' -IEXPM 9 My commission expires: 1201 GILBERT LLC ACKNOWLEDGMENT: STATE OF IOWA ) ) ss: JOHNSON COUNTY ) This instrument was acknowledged before me on /1Bf4't "r ` , 2016 by (Name(s) of individual(s) as 'P° -+n en Ala rc er' (type of authority, such as officer or trustee) of 1201 GILBERT LLC. '�(t 0� j Notary Public in and for thb State of Iowa (Stamp or Seal) 4 TANYA MYERS F Commission Number 787624 Title (and Rank) My cgmmission Exptres My commission expires: 5of6 1225 GILBERT LLC ACKNOWLEDGMENT: STATE OF IOWA ) ) ss: JOHNSON COUNTY ) This instrument was acknowledged before me on jpyol D,, q , 2016 by K(, hj-(Name(s) of individual(s) per^ �n el' �/yayaq 2n (type of authority, such as officer or trustee) of 1225 GILBERT LLC. df 21zr7�) Notary Public in and f r the State of Iowa (Stamp or Seal) TANYA MYERS Commission Number 787624 Title( ) and Rank own • Vol C ssio Z2 -Mn Expires g My commission expires: /2 PLEASANT VALLEY, LP ACKNOWLEDGMENT: STATE OF IOWA ) ) ss: JOHNSON COUNTY ) This instrument was acknowledged before me on /Vpue✓nber- /(—, 2016 by 44ka Fe.uerhavA (Name(s) of individual(s) as Pr-v,jC' t- (type of authority, such as officer or trustee) of Pleasant Valley, LP. &/ &Z " L MICHAEL W KENNEDYNotary Public in and fq the State of Iowa Commission Nunher 10E049 MyoommuimnEWM (Stamp or Seal) vAlk March 1 2010 Title (and Rank) My commission expires:: -3 �% 1 IIIIIIII�IIII�IIIII�IIIIIIIII�IIIIIIIIIIIIIIIIIIIIII�IIIIIIIIIIIIIIIIIIII Doc ID: 026591450006 Type: GEN Kind: DECISION Recorded: 12/14/2016 at 10:53:29 AM Fee Amt: $32.00 Pape 1 of 6 Prepared by Sarah Walz, Associate Planner, 410 E. Washington, Iowa City, IA 52240; 3191356-5230 Johnson County Iowa Kim Painter County Recorder DECISION BK5597 PG842-847 IOWA CITY BOARD OF ADJUSTMENT WEDNESDAY, November 9, 2016 EMMA J. HARVAT HALL MEMBERS PRESENT: Becky Soglin, T. Gene Chrischilles, Connie Goeb, Larry Baker, Tim Weitzel MEMBERS ABSENT: None. STAFF PRESENT: Sue Dulek, Sarah Walz, Chris O'Brien OTHERS PRESENT: Kevin Monson, Alicia Trimble, Nancy Bird SPECIAL EXCEPTION ITEMS: 1. EXC16-00008: Discussion of an application submitted on behalf of Monark LLC, for a special exception to allow a 100% reduction in the off-street parking requirement for a proposed mixed use building to be constructed in the Central Business District (CB -10) zone at 7 South Linn Street. The Board finds that the subject property at 7 South Linn Street falls within the Downtown Parking District and that the property has been vacant since 2011. The Board concludes that uses, elements, or features of the proposal will further housing, economic development, or other goals of the Comprehensive Plan, including the Downtown and Riverfront Crossings Master Plan, based on the following findings: • The proposed building provides commercial space on the first floor. The applicant's intent is that the housing units will meet the guidelines for the State of Iowa Workforce Housing Tax Credit program and that the building will be designed to LEED standards. • The building will provide a unique type of housing (efficiency and one -bedroom apartments) that may appeal to the non -student rental market. The Board concludes that it is not feasible to provide at least 50% of the required parking on site due to speck qualifying site constraints based on the following findings: • The subject lot width is only 41 feet wide. • The subject lot is located midblock and does not have sufficient alley access to accommodate vehicles. The Board concludes that the proposed project will be designed in a manner that is ,�1e sitive and complementary to the adjacent property designated as an Iowa City landmark ba` bed on �., a. the following findings: • The proposed new structure is set back from the south (side) property[IV tocprovide9 separation from the historic structure. J C_rl N IN • The contemporary design of the new building serves to differentiate the new development from the historic property. • A lower scale building and Design Review Committee approval will ensure that the proposed building creates a harmonious transition between the modern building proposed and the abutting historic structure and will reflect the horizontal alignment in the corner building, horizontal architectural elements—similar to those used on the Vogel House Building. The Board concludes that the specific proposed exception will not be detrimental to or endanger the public health, safety, comfort, or general welfare; and ingress or egress from the site will not create congestion in the public right -of way based on the following findings: • There is no vehicular access to the property • The Director of Transportation and Resource Management has indicated that loading zones may be provided on a temporary basis during peak moving times by covering parking meters adjacent to the property. • The applicant's intent to provide secure access to the rear of the building by installing a gate or other appropriate means may be ensured through the Design Review process. The Board concludes that the specific proposed exception will not be injurious to the use and enjoyment of other property in the immediate vicinity; will not substantially diminish or impair property values in the neighborhood; and will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the zone in which such property is located based on the following findings: • The proposed reduction in parking and payment of fees in lieu of will not impact property in the immediate vicinity and because the building is in general conformance with the requirements of the CB -10 zone. • Granting the exception will allow a property that is currently vacant to redevelop, which will be beneficial to the downtown area. • The proposed development does not preclude abutting properties from being redeveloped at a similar scale to the subject property. • The Director of Transportation and Resource Management has indicated that there will be adequate space in the Downtown parking facilities to absorb the demand. The Board concludes that adequate utilities, access roads, drainage and necessary facilities have been or are being provided, based on the following finding: • The Director of Parking and Resource Management has indicated that, while demand for permits is high and the adjacent Tower Place facility is near capacity, parking is available and additional capacity will open up with a new parking facility currentllkunder construction on Harrison Street. This will allow for shifting parking demand and-cpermits to other parking structures. The Board concludes that, except for the specific regulations and standat'-'pplioi ble o the exception being considered, the specific proposed exception, in ar c®spec#s� conforms to the applicable regulations or standards of the zone in which if ,to locat�a based on the following findings: U7 N) a • The submitted elevations and site plan show general conformance with the basic required first -floor elements—front setback, storefront windows, entry at grade, etc. • Balconies that extend from the east face of the building over the City right-of-way will require the purchase of air rights from the City. • A more detailed plan submitted as part of the building permit process and Design Review will ensure compliance with other aspects not reviewed as part of the special exception. The Board concludes that the proposed use will be consistent with the Comprehensive Plan, as amended based on the following findings: The Downtown and Riverfront Crossings Master Plan contains goals and objectives for preservation and redevelopment in the Downtown. Two of the Master Plan objectives most relevant to this case include protecting the character of downtown, key historic buildings, and promoting quality infill and redevelopment. To this end, the Strategic Infill Section of the Master Plan provides the following guidelines: • New development should be located on sites that do not contain historic buildings. • Active uses, such as ground floor retail (and not blank walls), should front on to the street frontages and the City Plaza [Ped Mall]. • Upper floors should contain office, commercial, and residential uses. • Buildings should be built to the property line. • Comer locations should be reserved for taller buildings, creating a block structure with taller buildings on the comers and lower scale historic buildings between them. • The taller buildings on the comer should have a lower base consistent with adjacent historic buildings to make them 'feel' contextual' with the rest of the Downtown, while also limiting the perceived height of the towers. • Parking should be located both on -street and behind storefronts in parking structures. While the proposed 14 -story building in this application meets many of the goals and objectives, the Board concludes that a [ower scale building (the second option proposed by the applicant) seems more compatible and harmonious with the location, in the heart of the Downtown, and with the historic property on the abutting property to the south. DISPOSITION: By a vote of 5-0 the Board approved a parking waiver for up to 18 spaces to allow a lower scale building with up to 36 dwelling units, one bedroom or efficiency units, subject to Design Review Committee approval to ensure that the new building is designed in a manner that is complementary and harmonious with the abutting historic landmark building including horizontal architectural elements, that align with elements on the adjacent historic building. 2. EXC16-00010 — Public hearing regarding an application submitted on behalf oPA&W Properties, for a special exception to allow conversion of a non -conforming use local in a structure designed for a use that is prohibited in the zone to another non-confQ"Ingluse for q 8 property located in the High Density Multi -Family (RM -44) zone at 518 Bower�Streetet' The Board concludes that the proposed use will be located in a structure that AFs,designedF"a for a use that is currently not allowed in the zone; the proposed use is of the same or -...j intensity and impact than the existing use; and the proposed use is suitable f itt ,e sdb]ect " structure and site based on the following findings: cn • The subject building was originally constructed as a grocery store and continued to serve commercial uses until the early 1980s and was recently granted a special exception (2011) (special exception number EXC12-00010, recorded October 24, 2012 in Book 4997, Pages 304-309) to operate as retail sales use. • The property is not designed for a use that is currently allowed in the RM -44 zone. • The first floor interior of the building is still arranged with the open floor plan—it is one large room with a half bathroom at the back. The large, front windows are the only windows on the first floor other than a small window on the west side of the building. The building is set at the front property line, as is typical of older commercial buildings, and just inches off the east property line (public alley). • Due to the extremely limited size of the property and structure, the property is not adaptable as a multi -family residential use. • Re -use of the property is severely limited by the size of the lot. The lot provides minimal opportunity for parking—only two parking spaces. On -street parking along this portion of Bowery Street is prohibited during daytime business hours. Moreover the high demand for on–street parking in the surrounding neighborhood makes on -street parking practically unavailable. Given the very significant constraints on the property, any difference in intensity among the proposed list of uses will be very limited. • The surrounding High Density Multi -Family Residential (RM -44) zone represents the highest intensity residential use allowed outside the Downtown and PRM zone. • Due to the constraints of the site, the commercial uses proposed by the applicant must rely on pedestrian traffic from the surrounding neighborhood or that require minimal customer/client visits. • Conditions adopted with the special exception are intended to effectively control the intensity of the use and limit externalities that might negatively affect the surrounding residential uses. The conditions tied to approval apply to all future owners/users of the property and may not be altered or removed without another special exception. • The site can provide 2 off-street parking spaces, which satisfies the minimum requirement for the proposed uses. The Board concludes that the structure will not be structurally enlarged in such a way as to enlarge the non -conforming use based on the following finding: • The building may not be enlarged without approval of the Historic Preservation Commission. • The size of the building and its non -conforming setbacks and limited space for parking practically eliminate any enlargement of the structure and impose considerable constraints upon its use. Based on the following findings the Board concludes that the specific proposed exception will not be detrimental to or endanger the public health, safety, comfort or general welfare; will not be injurious to the use and enjoyment of other property in the immedi8te viciiay; will not substantially diminish or impair property values in the neighborhood; es6bi1hrr@t of the specific proposed exception will not impede the normal and orderly develdpmeri�a nd J' .... hic improvement of the surrounding property for uses permitted in the zone in wt surfs property is located: and adequate measures have been or will be taken to pr(Wide Mress or egress designed so as to minimize traffic congestion on public streets basedoq the_;; J"JI following findings: ` C -n N-) • The conditions tied to approval apply to all future owners/users of the property and may not be altered or removed without another special exception. • The limited size of the lot and structure along with the restrictions placed on it due to its Landmark status, effectively limit the intensity of any use on the property. • The two off-street parking spaces can be provided with access from the public alley. • On -street parking is prohibited along Bowery Street until after 5:00 PM. • Given the constraints on the property, a business would likely rely on customers coming on foot or bike from within the surrounding neighborhood or will generate very limited customer visits. • The conditions for approval restrict use of the public alley for drive -up service. The Board concludes that the specific proposed exception, in all other respects, conforms to the applicable regulations or standards of the zone in which it is to be located based on the finding provided above and the following finding: • Due to the non -conforming status of the lot and building, which do not meet minimum size and setback requirements, the building cannot be further expanded. The Board concludes that adequate utilities, access roads, drainage and/or necessary facilities have been or are being provided based on the following finding: • This neighborhood is fully developed with all roads and drainage—Bowery Street is adequate to serve a small-scale retail use. The proposed use will be consistent with the Comprehensive Plan, as amended based on the following finding: • The Comprehensive Plan encourages the re -use of existing buildings so long as their use does not interfere with the function and character of the neighborhood in which they are located and encourages the preservation of historic buildings. Disposition: By a vote of 5-0 the Board approves EXC16-00010 a special exception, to allow general office and commercial retail (sales -oriented and personal -service oriented) uses to be located in a structure designed for a use that is not allowed in the zone in the High Density Multi -Family (RM -44) zone at 518 Bowery Street subject to the following conditions: • The property shall maintain two -off street parking spaces at the rear of the building in accordance with the off-street parking requirements in the Zoning Code. • Hours of operation are limited to 6 AM to 10 PM weekdays Sunday -Thursday and 6 AM to midnight on Fridays and Saturdays. • Outdoor seating and display of products within the public right-of-way are prohibited unless a temporary use permit is granted. • Signage should be limited to a fascia or awning sign in compliance with the zoning code standard for non-residential uses located in residential zones and in compliance with Iowa City's Historic Preservation Guidelines. • All outdoor lighting should comply with the zoning code standards for residential z -7o res and with the Historic Preservation Guidelines. cx • The sale of tobacco or alcohol on the property is prohibited. • Food preparation and sales on the site are limited per the definition in ft-j-jcode, wI,hich ;q• allows cottage industry component: cn no q® A firm that manufactures and/or assembles goods that are intended for retail sale to the general public. The goods may also be sold at wholesale to other outlets or firms, but retail sales is a significant component of the operation. The manufacturing component for such a firm is small in scale. Size limitations may apply to such uses in commercial zones to keep the uses in scale and character with surrounding land uses. • The alley may not be used for drive up or drive through or parking. • No amplified sound is permitted on the exterior of the building. • The building may not be expanded without a special exception. • Any alterations to the exterior of the building must comply with the Historic Preservation Guidelines. • Repeal special exception number EXC12-00010, recorded October 24, 2012 in Book 4997, Pages 304-309. TIME LIMITATIONS: All orders of the Board, which do not set a specific time limitation on Applicant action, shall expire six (6) months from the date they were filed with the City Clerk, unless the Applicant shall have taken action within such time period to establish the use or construct the improvement authorized under the terms of the Board's decision. City Code Section 14-8C-1 I- City of Iowa City, Iowa. Approved by: fry Baker, Chai ers City Attorney's Office STATE OF IOWA ) JOHNSON COUNTY I, Marian Karr, City Clerk of the City of Iowa City, do hereby certify that the Board of Adjustment Decision herein is a true and correct copy of the Decision that was passed by the Board of Adjustment of Iowa City, Iowa, at its regular meeting on the 9th day of November 2016, as the same appears of record in my Office. Dated atlovjra City, this day of �y�®�x�i�� �L >. —,20 4 „' s r•a Marian K KarC;-jty CQgrk L.,J ._. Cok 6KA,h)�ll 0 I rte Doc ID: 026591550017 Type: GEN Kind: SUBDIVISION Recorded: 12/14/2016 at 11:06:22 AN Fee Amt: $87.00 Pape 1 of 17 Johnson County Iowa Kim Painter County Recorder BK5597 PG914-930 STATE OF IOWA ) ) SS JOHNSON COUNTY ) I r 1 BID CITY CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240-1826 (319) 356-5000 (319) 356-5009 FAX www.icgov.org I, Marian K. Karr, City Clerk of Iowa City, Iowa, do hereby certify that the Resolution attached hereto is a true and correct copy of Resolution No. 16-217, which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 6th day of September, 2016, all as the same appears of record in my office. Also attached are the final legal documents for ACT First Addition — Iowa City, Iowa. Dated at Iowa City, Iowa, this /3±"'day of rK Lj 1"' 2/016. /'•.Y li n 't y r o L/ iI/Li V .4 Marian LKarr City Clerk ,, -•,t; ,,; d _ fires subdivision (OR OM iSfA1 3d(1) Prepared by: Bob Mikto, 410 E. Washington St., Iowa City, IA 52240 (319) 3565240 (SUB160000B) RESOLUTION NO. 16-259 RESOLUTION APPROVING FINAL PLAT OF ACT FIRST ADDITION, IOWA CITY, IOWA. WHEREAS, the owner, ACT, Inc., filed with the City Clerk the final plat of ACT First Addition, Iowa City, Iowa, Johnson County, Iowa; and WHEREAS, said subdivision is located on the following -described real estate in Iowa City, Johnson County, Iowa, to wit: PART OF LOT 1, B.D.I. THIRD ADDITION TO IOWA CITY, IOWA AS RECORDED IN BOOK 17, PAGE 83 IN THE OFFICE OF THE JOHNSON COUNTY, IOWA RECORDER DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEASTERLY CORNER OF SAID LOT 1; THENCE N61058'32"W 113.19 FEET ALONG THE SOUTHWESTERLY LINE OF SAID LOT 1; THENCE N62058'56"W 499.21 FEET ALONG SAID SOUTHWESTERLY LINE; THENCE N6103922"W 216.03 FEET TO THE SOUTHWESTERLY CORNER OF SAID LOT 1; THENCE N27049'17"E 1168.40 FEET ALONG THE WESTERLY LINE OF SAID LOT 1 TO THE NORTHWESTERLY CORNER OF SAID LOT 1; THENCE S61052'34"E 397.61 FEET ALONG THE NORTHERLY LINE OF SAID LOT 1 TO THE NORTHEASTERLY CORNER OF SAID LOT 1; THENCE S1004'52"E 535.65 FEET ALONG THE EASTERLY LINE OF SAID LOT 1; THENCE SOUTHWESTERLY 705.26 FEET ALONG SAID EASTERLY LINE AND THE ARC OF A 1381.54 FOOT RADIUS CURVE, CONCAVE WESTERLY (CHORD BEARS S13032'03"W 697.63 FEET); THENCE S28041'05"W 16.69 FEET ALONG SAID EASTERLY LINE TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 18.07 ACRES, SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. WHEREAS, the Neighborhood and Development Services Department and the Public Works Department examined the proposed final plat and subdivision, and recommended approval; and WHEREAS, a dedication has been made to the public, and the subdivision has been made with the free consent and in accordance with the desires of the owners and proprietors; and WHEREAS, said final plat and subdivision are found to conform with Chapter 354, Code of Iowa (2015) 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. �-1 Resolution No. 16-259 Page 2 2. The City accepts the dedication of the easements as provided by law. 3. The Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed, upon approval by the City Attorney, to execute all legal documents relating to said subdivision, and to certify a copy of this resolution, which shall be affixed to the final plat after passage and approval by law. The City Clerk shall record the legal documents and the plat at the office of the County Recorder of Johnson County, Iowa at the expense of the owner/subdivider. Passed and approved this 6th day of September , 2016. MAYOR Approved by ATTEST:ia�l,�.�%� CITYTEtERK 1 Attorney's Office 8 Z Z 1( 0 It was moved by sotchwav and seconded by Thomas the Resolution be adopted, and upon roll call there were: AYES: —X X X X X X X NAYS: ABSENT: Botchway Cole Dickens Mims Taylor Thomas Throgmorton puLlernplalesTinal Plat -Resolution (4).doc.doc 1 Prepared by: Thomas H. Gelman, P.O. Box 2150, Iowa City IA 52244-2150 (319)354-1104 CERTIFICATE OF COUNTY AUDITOR ACT FIRST ADDITION, IOWA CITY, IOWA [A Subdivision of a Lot 1, B.D.I. Third Addition] I, Travis Weipert, the Johnson County Auditor, hereby approve of ACT First Addition, Iowa City, Iowa, as a succinct and unique name for the subdivision containing the following described real estate located in Johnson County, Iowa: PART OF LOT 1, B.D.I. THIRD ADDITION TO IOWA CITY, IOWA AS RECORDED IN BOOK 17, PAGE 83 IN THE OFFICE OF THE JOHNSON COUNTY, IOWA RECORDER DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEASTERLY CORNER OF SAID LOT 1; THENCE N61058'32"W 113.19 FEET ALONG THE SOUTHWESTERLY LINE OF SAID LOT 1; THENCE N62058'56"W 499.21 FEET ALONG SAID SOUTHWESTERLY LINE; THENCE N61039'22"W 216.03 FEET TO THE SOUTHWESTERLY CORNER OF SAID LOT 1; THENCE N27049'17"E 1168.40 FEET ALONG THE WESTERLY LINE OF SAID LOT 1 TO THE NORTHWESTERLY CORNER OF SAID LOT 1; THENCE S61°52'34"E 397.61 FEET ALONG THE NORTHERLY LINE OF SAID LOT 1 TO THE NORTHEASTERLY CORNER OF SAID LOT 1; THENCE Sl *04'52"E 535.65 FEET ALONG THE EASTERLY LINE OF SAID LOT 1; THENCE SOUTHWESTERLY 705.26 FEET ALONG SAID EASTERLY LINE AND THE ARC OF A 1381.54 FOOT RADIUS CURVE, CONCAVE WESTERLY (CHORD BEARS S13032'03"W 697.63 FEET); THENCE S28°41'05"W 16.69 FEET ALONG SAID EASTERLY LINE TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 18.07 ACRES, SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. 2016 Travis Weipert, Johnso 'County Auditor Date (seal) lk1 Prepared by: Thomas H. Gelman, P.O. Box 2150, Iowa City IA 52244-2150 (319)354-1104 CERTIFICATE OF TREASURER ACT FIRST ADDITION, IOWA CITY, IOWA [A Subdivision of a Lot 1, B.D.I. Third Addition] I, Thomas L. Kriz, hereby certify that I am the County Treasurer of Johnson County, Iowa, and that the property described as follows, to -wit: PART OF LOT 1, B.D.I. THIRD ADDITION TO IOWA CITY, IOWA AS RECORDED IN BOOK 17, PAGE 83 IN THE OFFICE OF THE JOHNSON COUNTY, IOWA RECORDER DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEASTERLY CORNER OF SAID LOT 1; THENCE N61058'32"W 113.19 FEET ALONG THE SOUTHWESTERLY LINE OF SAID LOT 1; THENCE N62058'56"W 499.21 FEET ALONG SAID SOUTHWESTERLY LINE; THENCE N61039'22"W 216.03 FEET TO THE SOUTHWESTERLY CORNER OF SAID LOT 1; THENCE N27049'17"E 1168.40 FEET ALONG THE WESTERLY LINE OF SAID LOT 1 TO THE NORTHWESTERLY CORNER OF SAID LOT 1; THENCE S61052'34"E 397.61 FEET ALONG THE NORTHERLY LINE OF SAID LOT 1 TO THE NORTHEASTERLY CORNER OF SAID LOT 1; THENCE S1°04'52"E 535.65 FEET ALONG THE EASTERLY LINE OF SAID LOT I; THENCE SOUTHWESTERLY 705.26 FEET ALONG SAID EASTERLY LINE AND THE ARC OF A 1381.54 FOOT RADIUS CURVE, CONCAVE WESTERLY (CHORD BEARS S13032'03"W 697.63 FEET); THENCE S28°41'05"W 16.69 FEET ALONG SAID EASTERLY LINE TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 18.07 ACRES, SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. and shown on the attached plat and known and designated as ACT FIRST ADDITION, Iowa City, Iowa, is free from taxes. Dated at Iowa City, Iowa, this 1701 day of DPf_P_ he/` 12016. ' /, l�oa t»9 �i • ''m (Seal) Thomas L. Kriz County Treasurer, Iowa i Parcel No. 1024476001 L�\ Prepared by: Thomas H. Gelman, P.O. Box 2150, Iowa City IA 52244-2150 (319)354-1104 SUBDIVIDER'S AGREEMENT ACT FIRST ADDITION, IOWA CITY, IOWA ]A Subdivision of a Lot 1, B.D.I. Third Addition] THIS AGREEMENT made by and among ACT, Inc. ("Subdivider"); and the City of Iowa City, Iowa, a municipal corporation ("City"). Subdivider is the owner and subdivider of ACT First Addition, Iowa City, Iowa. IT IS HEREBY AGREED AS FOLLOWS: Section 1. Public hnprovements. All paving, water mains, sanitary sewers, storm sewers, storm water management facilities, and sidewalks, hereafter, "Improvements", for the Subdivision have been installed as required by the City. No additional Improvements are required for this development. Nothing in this Agreement shall be construed to impose a requirement on the City to install any original hnprovements at issue herein. Nor shall the Subdivider be deemed acting as the City's agent during any construction or installation of any Improvements. The parties agree that the obligation herein to install required Improvements, if any, shall be in accordance with City specifications, and the obligation to install said Improvements shall remain with the Subdivider until completion by the Subdivider, and until acceptance of the Improvements by the City, as provided by law. Section 2. Storm Water Manalzement. The stormwater detention facilities for this Subdivision were constructed with the development of Lot 1, B.D.I. Third Addition. No additional stormwater detention facilities, therefore, are necessary for this Subdivision. Section 3. Sidewalks. No sidewalks are required in connection with the Subdivision. , ._ ._ .- , ", . , . Section 4. Restriction on Aceess to.Hi wav 6i , The Lot I in the Subdivision shall have public street access onto Scott Boulevard through a private access drive, with such drive also to be used as a secondary access easement for Lot 2 of the subdivision under a Private Access Easement Agreement. Lot 2 shall also have a direct access drive onto Scott Boulevard. There shall be no direct vehicular access onto Highway 6 from the Subdivision. lk\ Section 5. Miscellaneous. Reserved Section 6. Binding Effect. This agreement shall inure to the benefit of and bind the successors and assigns of the respective parties hereto and shall be construed as a covenant running with the title to the lots within the subdivision. Dated this )3P1 day of I �0.4eiln Cir-, r , 2016. CITY OF IOWA CITY, IOWA By: —IJim Throgmorto ayor By: ma rI:;. Karr, City Clerk State of Iowa, County of Johnson, ss: On this _ day of /,3 2016, before me, the undersigned, a notary public for the state of Iowa, personally appeare Jim Throgmorton and Marian K. Karr, to me personally known, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa, executing the within and foregoing instrument; that the seal attached thereto is the seal of said corporation by authority of its City Council; and that the said Mayor and City Clerk acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. frC c Notaky Public for the7o of Iowa *r*tKELLIsEKwFmRUEHLING swo eaatetacomrrdrMy exprasow SUBDIVIDER'S AGREEMENT (Signatures and acknowledgements continued) SUBDIVIDER ACT, Inc. sy: l �} AL q er} title �teeJ STATE OF IOWA; COUNTY OF JOHNSON) ss. This instrument was acknowledged before me on this I 14"1 -clay of t V • • , 2016, by (Ias J. taped_ as of ACT, Inc. MACKENZIE M WOOD •` A% Commission Number 763961 �f My Commission Expires Joky 23, 2019 MM - Notary Public in and for the Stale of Iowa My commission expires: U1 3 tv\ Prepared by: Thomas H. Gelman, P.O. Box 2150, Iowa City IA 52244-2150 (319)354-1104 OPINION OF ATTORNEY ACT FIRST ADDITION, IOWA CITY, IOWA [A Subdivision of a Lot 1, B.D.I. Third Addition] I, Thomas H. Gelman, a 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: PART OF LOT 1, B.D.I. THIRD ADDITION TO IOWA CITY, IOWA AS RECORDED IN BOOK 17, PAGE 83 IN THE OFFICE OF THE JOHNSON COUNTY, IOWA RECORDER DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEASTERLY CORNER OF SAID LOT 1; THENCE N61058'32"W 113.19 FEET ALONG THE SOUTHWESTERLY LINE OF SAID LOT 1; THENCE N62058'56"W 499.21 FEET ALONG SAID SOUTHWESTERLY LINE; THENCE N61039'22"W 216.03 FEET TO THE SOUTHWESTERLY CORNER OF SAID LOT 1; THENCE N27049'17"E 1168.40 FEET ALONG THE WESTERLY LINE OF SAID LOT 1 TO THE NORTHWESTERLY CORNER OF SAID LOT 1; THENCE S61°52'34"E 397.61 FEET ALONG THE NORTHERLY LINE OF SAID LOT 1 TO THE NORTHEASTERLY CORNER OF SAID LOT 1; THENCE S 1'04'52"E 535.65 FEET ALONG THE EASTERLY LINE OF SAID LOT 1; THENCE SOUTHWESTERLY 705.26 FEET ALONG SAID EASTERLY LINE AND THE ARC OF A 1381.54 FOOT RADIUS CURVE, CONCAVE WESTERLY (CHORD BEARS S13032'03"W 697.63 FEET); THENCE S28°41'05"W 16.69 FEET ALONG SAID EASTERLY LINE TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 18.07 ACRES, SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. I hereby certify that fee simple title to said property, to become known as ACT First Addition, Iowa City, Iowa, is in ACT, Inc. free and clear of all liens and encumbrances. Dated at Iowa City, Iowa, on June6, 2016 ?ZZ'— Thomas H. Ge an Phelan, Tuckg1r, Mullen, Walker, Tucker & Gelman, L.L.P. P.O. Box 2150 Iowa City, IA 52244 AA Prepared by: Thomas H. Gelman, P.O. Box 2150, Iowa City IA 52244-2150 (319)354-1104 CERTIFICATION AND DEDICATION OF ACT FIRST ADDITION, IOWA CITY, IOWA [A Subdivision of Lot 1, B.D.I. Third Addition] KNOW ALL PERSONS BY THIS DOCUMENT ACT, Inc. does hereby certify and state that it is the owner of the following described real estate situated in Johnson County, Iowa, to -wit: PART OF •LOT 1, B.D.I. THIRD ADDITION TO IOWA CITY; IOW.A-AS RE,ECORDED II;I=_ BOOK 17, PAGE 83 IN THE OFFICE OF THE JOHNSON COUNTY, IOWA RECORD)R DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEASTERLY CORNER OF SAID LOT 1; THENCE N61 °58'32"W 113.19 FEET ALONG THE SOUTHWESTERLY LINE OF SAID LOT I; THENCE N62058'56"W 499.21 FEET ALONG SAID SOUTHWESTERLY LINE; THENCE N61039'22"W 216.03 FEET TO THE SOUTHWESTERLY CORNER OF SAID LOT 1; THENCE N27049'17"E 1168.40 FEET ALONG THE WESTERLY LINE OF SAID LOT I TO THE NORTHWESTERLY CORNER OF SAID LOT 1; THENCE S61 °52'34"E 397.61 FEET ALONG THE NORTHERLY LINE OF SAID LOT 1 TO THE NORTHEASTERLY CORNER OF SAID LOT I; THENCE S1°04'52"E 535.65 FEET ALONG THE EASTERLY LINE OF SAID LOT 1; THENCE SOUTHWESTERLY 705.26 FEET ALONG SAID EASTERLY LINE AND THE ARC OF A 1381.54 FOOT RADIUS CURVE, CONCAVE WESTERLY (CHORD BEARS S 13°32'03"W 697.63 FEET); THENCE S28°41'05"W 16.69 FEET ALONG SAID EASTERLY LINE TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 18.07 ACRES, SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. Owner does further state that the subdivision of said real estate as it appears on the plat of ACT First Addition, to which this certification and dedication is attached, is with its free consent and in accordance with its desire. The owner, ACT, Inc., has signed this Certificate and Dedication on [his 144day of oyawbef , 2016. [Signature Page Follows] L�k ACTT, Inc. By �iAl �Q" title d State of Iowa, County of Johnson, ss: This instrument was acknowledged before me on this day of IV -Uv , 2016, by IA/IO�S �p�1�1 as fhleFrlawUal of ACT, Inc. vv� *iw D3S61es Notary Pubhc in and for the tate of �VVVZX- My commission expires: 2-3 Izoln 1�� Prepared by: Thomas H. Gelman, P.O. Box 2150, Iowa City IA 52244-2150 (319)354-1104 GRANT AND RESERVATION OF ACCESS EASEMENT ACT FIRST ADDITION, IOWA CITY, IOWA [A Subdivision of a Lot 1, B.D.I. Third Addition] This Grant and Reservation of Access Easement (the "Easement") is made as of the 11-41 day of Nove—N61 , 2016, by ACT, Inc. hereinafter referred to as "ACT". WITNESSETH: WHEREAS, ACT is the owner (legal title holder) of Lots 1 and 2 (the "Lots" or individually a "Lot"), ACT First Addition, an addition to the City of Iowa City, Iowa, according to the recorded plat thereof ("Subdivision"); and WHEREAS, ACT wishes to grant and reserve for the mutual benefit of the Lots and to grant to and reserve for themselves and for the future owners of the Lots, certain cross access easement rights. NOW, THEREFORE, in consideration of One Dollar and other good and valuable consideration, the receipt and sufficiency of which is acknowledged, Gerdin and Andersen hereby grant and reserve the following Access Easement: 1. Grant of Easement. ACT hereby grants and reserves to itself, as the owner of Lot 2 in the Subdivision, including its successors and assigns, a perpetual, non-exclusive easement for vehicular and pedestrian access, egress and ingress on, over and across the real estate within Lot 1 of the Subdivision described and shown as "30' ACCESS EASEMENT" on the Final Plat of the Subdivision, hereafter "Easement Area". The owner of Lot 2 may use the Easement Area for a secondary vehicular and pedestrian access, ingress and egress route to and from Scott Boulevard, along with the use of the owner of Lot 1 as a primary access route. Ingress and egress onto Scott Boulevard shall be at the location and subject to any restrictions shown on the final plat of the Subdivision. The easement granted hereunder is perpetual and will continue in full force and effect so long as the easement is used by the Lot owners. The easement rights granted and reserved herein are for the use and benefit of the respective Lot owners, including their respective successors and assigns, and their respective customers, employees, contractors, suppliers, tenants and invitees. 2. Reservation of Rights. ACT as owner of Lot 1 hereby reserves for itself as a Lot owner, including its successors and assigns, and its respective customers, employees, contractors, suppliers, tenants and invitees the right to use the Easement Area for access, ingress, egress, and such other purposes so long as such reserved rights do not materially interfere with the access purposes for which the easement has been granted. 3. Pavement Improvements. The pavement improvements within the Easement Area has been completed, however either Lot owner, or a successor owner or owners of 10 the Lots, may undertake further improvements separately, at such owner's expense, or as all owners may agree among themselves. Installation of easement improvements shall be completed in accordance with any applicable ordinances and building codes of the City of Iowa City. 4. Easement Maintenance. A. ACT or the successor owners of Lots 1 and 2 of the Subdivision, will be responsible for maintaining, repairing and replacing, as needed, the access related improvements within the Easement Area, specifically including, but not limited to, the paved drive. The owners of Lot 1 and Lot 2 shall equally share the expense of maintenance, repairs and replacements, and shall coordinate and cooperate in the arrangements for, implementation of, and payment for such maintenance, repairs and replacements. B. If the respective Lot owners cannot agree to a specific maintenance, repair or replacement item, then either owner may take the initiative of implementing the needed maintenance, repair or replacement, and shall have a claim against the other owner for 50% of such expense of up to $5,000 for an expense item of up to $10,000, which claim shall be enforceable, among other available remedies, by imposing a lien upon the other's Lot that may be foreclosed in accordance with Iowa Law. Provided, however, if either owner wishes the other to participate equally in the cost of a maintenance, repair and/or replacement item costing more than $10,000 (having a 50% cost of more than $5,000), then the owner desiring the maintenance, repair or replacement shall obtain the written consent of the other owner for the applicable maintenance, repair or replacement expense, otherwise the participation of the other owner will be limited to no more than $5,000. Nothing in this provision shall limit such owners from recovering all or a portion of the cost of a repair from any person or entity causing damage within the Easement Area as a result of other than normal wear and tear from reasonable use. C. All repairs, maintenance and replacements of improvements within the Easement Area shall use the same, similar or better quality and type of materials as originally installed in the Easement Area. No repair or maintenance shall materially change the grade or elevation of the surface of the Easement Area nor, without the prior written consent of the City of Iowa City, shall it change the location or width of the access drive onto Scott Boulevard. 5. Easement Use. No Lot owner shall use the Easement Area for parking, any permanent structures or do anything else that might obstruct the Easement Area and /or interfere with the use of the Easement Area for its intended ingress and egress purposes. 6. Non -Public Grant. Nothing contained herein shall be construed or interpreted to be a grant to any public agency or governmental authority. 7. Successors. The easement rights, reservations and obligations contained herein shall run with the title to the Lots and shall bind and inure to the benefit of their respective Owners and their successors and assigns. 2 lk\ ACT By: J n�rr �►A)cF ?+�wrG1a1 title O C%1 STATE OF IOWA, COUNTY OF JOHNSON ) ss: .� This instrument was acknowledged before me on f V ��1Tk 11 2016, by I�/1DIi J G'oa 4h as ri11Qj� {'lMYit al afi&Y- of ACT, Inc. No ublic for he State of Iowa CNACKENziE M WOOD p�Commissron Number 783961 My Comftion Expires J 23, 2019 4k Prepared by: Thomas H. Gelman 321 E. Market Street, Iowa City, IA 52244 Phone (319) 354-1104 GRANT AND RESERVATION OF PRIVATE STORM SEWER EASEMENT; AND PRIVATE SANITARY SEWER EASEMENT ACT FIRST ADDITION, IOWA CITY, IOWA [A Subdivision of a Lot 1, B.D.I. Third Addition] THIS PRIVATE STORM SEWER AND SANITARY SEWER EASEMENT is made and entered into by the undersigned Owner (the "Grantor"), which expression shall include Owner's successors in interest and assigns, of Lot 1, B.D.I. Third Addition, Iowa City, Iowa according to the recorded plat thereof ("Original Lot"). Owner is subdividing the Original Lot into two lots to be known as Lot 1 ("Lot 1") and Lot 2 ("Lot 2") of ACT First Addition, Iowa City, Iowa, according to the recorded plat thereof ("Subdivision"). There presently exists within Lot 1 certain sanitary sewer improvements and storm sewer improvements benefiting and serving Lot 2 (hereafter the "Benefitted Property"). In connection with the subdivision process, Grantor wishes to establish certain private sanitary sewer and storm sewer easement areas over Lot 1 of the Subdivision for the benefit of the Benefitted Property. It is hereby agreed as follows: For the sum of $1.00 plus other valuable consideration, the receipt of which is hereby acknowledged, Grantor hereby grants and convey for the benefit of the Owner and future owners of the Benefitted Property: PRIVATE STORM SEWER EASEMENT • A non-exclusive perpetual easement for the purposes of excavating for and the installation, replacement, repair, maintenance and use of such storm water lines, pipes, mains, conduits and fixtures, and other related improvements, with all necessary appliances and fittings for each, as are already serving the Benefitted Property and as the owners and future owners of the Benefitted Property may from time to time elect to install, for conveying storm water, 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 within Lot 1 of the Subdivision as "20' PRIVATE STORM SEWER EASEMENT as shown on the Final Plat of the Subdivision, hereafter described as an "easement area". PRIVATE SANITARY SEWER EASEMENT • A non-exclusive perpetual easement for the purposes of excavating for and the installation, replacement, repair, maintenance and use of such sanitary sewer lines, pipes, mains, conduits, fixtures and other related improvements, with all necessary appliances and fittings for each, as are already serving the Benefitted Property and as the owners and future owners of the Benefitted Property may from time to time elect to install, for conveying sewage, 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 within Lot 1 as "20' PRIVATE SANITARY SEWER EASEMENT as shown on the Final Plat of the Subdivision, hereafter described as an "easement area." Grantor further reserves and grants to the current Owner and future owners of the Benefitted Property: 1. The right of grading said easement areas for the fall 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 but only to the extent reasonably necessary for the purposes of the easements. 2. The right from time to time to trim, cut down and clear away any and all trees and brash on said easement areas and also to trim, cut down and clear away any trees on either side of said easement areas that now or hereafter, in the reasonable opinion of the owners of the Benefited Property, may be a hazard to said easement areas, or which may interfere with the exercise of the easement rights granted hereunder. The owners of the Benefited Property shall promptly backfill any trench made by them, and repair any and all damages caused by them within the easement areas and any areas adjacent thereto. The owners of the Benefited Property shall indemnify Grantor and future owners of Lot 1 of the Subdivision against claims of third -parties, and all damages, injuries, judgments, settlements, fines, penalties, liabilities and other expenses related thereto (including, but not limited to attorney fees and other costs of defense), that may arise from the exercise of the easement rights by the Owner of the Benefitted Property and such owner's employees, representatives, agents and contractors. Except as otherwise expressly provided herein, the owners of the Benefited Property shall the have sole responsibility for installing, maintaining, repairing, and replacing the sanitary sewer and storm sewer improvements located within the easement areas. Grantor reserves the right to use the easement areas for purposes that will not interfere with the full enjoyment of the easement rights hereby granted to the owners of the Benefited Property; provided that Grantors shall not without the consent of the owners of the Benefitted Property, not to be unreasonably withheld, 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. Fences, trees or other improvements (excepting paving) placed in the easement areas, without approval of the owners of the Benefited Property, may be removed by the owners of the Benefitted Property without compensation or replacement. Grantor and/or its successors, tenants or assigns may finish grade and install paving over the easement areas and use them for parldng and driveways, or for other uses compatible with the easement purposes. Grantor may tap into and use the easement improvements provided (i) the improvements have sufficient capacity to accept the additional load, and (ii) the party so using the improvements thereafter participates equitably with the owner(s) of the Benefited Property in the cost of maintenance, repair and replacement of the shared portions of the easement improvements. Such equitable participation is to be based upon the agreement of the parties then sharing the use of the easement improvements, or if unable to agree, then based upon a reasonable calculation of the relative use of the easement improvements by the respective users based upon their respective square footage of drainage area for storm sewer improvements, and based upon the occupied building square footage in the case of the sanitary sewer easement improvements. 311 Grantor does hereby covenant with the current Owner of the Benefited Property that Grantor is lawfully seized and possessed of the easement areas, and that the Grantor has a good and lawful right to convey the easements herein. Nothing in this Agreement shall be construed to impose a requirement on the Grantor or their successors or assigns, to install the original storm sewer and/or sanitary sewer improvements within the easement areas, except to the extent that the Grantor may be the owner of the Benefitted Property. All such improvements servicing the Benefited property shall beinstalled and thereafter maintained solely at the expense of the Benefited Owners and their successors and assigns, except as may be otherwise expressly provided herein in the event the Grantor or its successors also uses the private utility improvements within the easement areas. Nor shall the Benefited Owner(s) or its contractors be deemed acting as the Grantor's agents during the construction, installation, maintenance, repair and/or replacement of said improvements, unless the Grantor is the owner of the Benefitted Property. Parties agree that the installation, operation, use, maintenance, repair and replacement of all easement improvements shall be in accordance with City of Iowa City, Iowa specifications and requirements to the extent applicable. The provisions hereof shall inure to the benefit of and bind the parties hereto and their successors and assigns, and shall apply to and run with the land and with the title to the land. T Dated this /I day of AJQ / Cno.Ucf , 2016. OWNER AND GRANTOR ACT By. _ �- CA"Nar &,n ,e-UCJ^rr title b4lcG STATE OF IOWA, COUNTY OF JOHNSON ) ss: instrument was acknowl- This qed�ng�ed� �b,efore me on N UV�MV I I , 2016, by TNd as MIWTji�/AN K 1 i(hf!R(D.r/ of ACT, Inc. 0 4 MACKME M WOOD Notar ublic for the State of Iowa ,N� CommissionNumber 783961an Z� I� My Commission Expires My commission expires: Ju 23, 2019 IIII IIIIFpp��pppplIlI Doc ID: 026596680064 Type: GEN Kind: 6U9DIVISION Recorded: 12/20/2016 at 02:33:47 PM Fee Amt: $322.00 Page 1 of 64 Johnson County Iowa Kim Painter County Recorder 6K5600 PG463-526 STATE OF IOWA ) 4 ) SS cel JOHNSON COUNTY ) N CITYIOWA CITY 410 East Washington Street Iowa City. Iowa 52240-1826 (319) 356-5000 (319) 356-5009 FAX www.icgov.org I, Marian K. Karr, City Clerk of Iowa City, Iowa, do hereby certify that the Resolution attached hereto is a true and correct copy of Resolution No. 16-64, which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 6th day of March 23rd, 2016, all as the same appears of record in my office. Also attached are the final legal documents for Highlander Development Fourth Addition, Part 1, Iowa City, Iowa. Dated at Iowa City, Iowa, this / 9-ylday of D P li eT 2016. �,r^a mac., ` '•. '�' . • , a o, Manan �rY A City Clerk fires subdivision CogMRS I 41)— Prepared by: John Yapp, Dev. Srvcs. Coor., 410 E. Washington St., Iowa City, IA 52240 (319) 356-5252 (SUB15-00011) RESOLUTION NO. 16-64 RESOLUTION APPROVING FINAL PLAT OF HIGHLANDER DEVELOPMENT FOURTH ADDITION, PART 1, IOWA CITY, IOWA. WHEREAS, the owner, Bilam Properties, L.L.C., filed with the City Clerk the final plat of Highlander Development Fourth Addition, Part 1, 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 SUBDIVISION IN THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 36 AND THE RESUBDIVISION OF LOT 9 OF HIGHLANDER DEVELOPMENT THIRD ADDITION AS SHOWN ON THE FINAL PLAT RECORDED IN PLAT BOOK 44, PAGE 215 AT THE JOHNSON COUNTY RECORDER'S OFFICE, ALL IN TOWNSHIP 80 NORTH, RANGE 6 WEST OF THE FIFTH PRINCIPAL MERIDIAN, IOWA CITY, IOWA DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 36, TOWNSHIP 80 NORTH, RANGE 6 WEST OF THE FIFTH PRINCIPAL MERIDIAN, IOWA CITY, JOHNSON COUNTY, IOWA; THENCE NO2°21'18"W, A DISTANCE OF 189.76 FEET ALONG THE WEST LINE OF SAID SOUTHEAST QUARTER FOR THE POINT OF BEGINNING; THENCE CONTINUING NO2021'18"W ALONG SAID WESTERLY LINE, A DISTANCE OF 168.70 FEET; THENCE NORTH 87°43'41" EAST, A DISTANCE OF 691.29 FEET; THENCE NORTH 02°16'19" WEST, A DISTANCE OF 367.17 FEET; THENCE SOUTH 87"25'25" WEST, A DISTANCE OF 43.14 FEET; THENCE NORTH 01035'22„ WEST TO A POINT ALONG THE NORTH LINE OF SAID NORTHWEST QUARTER A DISTANCE OF 585.43 FEET; THENCE N88031'25"E ALONG THE NORTHERLY LINE OF SAID NORTHWEST QUARTER, A DISTANCE OF 669.96 FEET TO THE NORTHEAST CORNER OF NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 36; THENCE S02°05'36"E ALONG THE EASTERLY LINE OF SAID NORTHWEST QUARTER, A DISTANCE OF 1105.98 FEET TO THE NORTHEAST CORNER OF LOT 10 IN HIGHLANDER DEVELOPMENT THIRD ADDITION AS RECORDED IN PLAT BOOK 44, PAGE 215; THENCE S87°25'27"W ALONG THE NORTHERLY LINE OF SAID LOT 10, A DISTANCE OF 398.19 FEET TO THE WESTERLY RIGHT-OF-WAY LINE OF NORTHGATE DRIVE; THENCE S02016'19"E ALONG SAID WESTERLY RIGHT OF WAY LINE, A DISTANCE OF 433.78 FEET TO A POINT OF CURVATURE; THENCE SOUTHERLY ALONG SAID WESTERLY RIGHT-OF-WAY LINE BEING A CURVE TO THE RIGHT OF THE LAST DESCRIBED COURSE EXTENDED HAVING A RADIUS OF 201.43 FOOT AND AN ARC LENGTH 193.05 FEET TO THE SOUTHEAST CORNER OF LOT 8 OF SAID HIGHLANDER THIRD ADDITION; THENCE N41°56'06"W ALONG SAID EASTERLY LINE OF SAID LOT 8, A DISTANCE OF 282.13 FEET; THENCE N62°23'16"W ALONG THE NORTHERLY LINE OF SAID LOT 8 AND THE NORTHERLY LINES OF LOTS 5, 6, AND 7 OF HIGHLANDER DEVELOPMENT THIRD ADDITION AS RECORDED IN PLAT BOOK 25, PAGE 52, A DISTANCE OF 757.74 FEET TO THE POINT OF BEGINNING. SAID TRACT OF LAND CONTAINING 25.30 ACRES MORE OR LESS, 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 (2015) and all other state and local requirements; and �P_ Resolution No. 16-64 Page 2 WHEREAS, the City received a RISE Grant award from the State of Iowa to partially fund the construction of the public improvements located within this subdivision, which the City intends to do in accordance with public bidding laws; and WHEREAS, the Owner will be responsible for reimbursing the City for all costs associated with the construction of the public improvements not covered by the RISE grant. 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, including a reimbursement agreement regarding the construction of the public improvements, 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 23rd day of march , 20 16 ATTEST: & • 7CJ CITY CLERK Approved by City Attorney's Office -3 If 8114p It was moved by sotchwav and seconded by trims the Resolution be adopted, and upon roll call there were: AYES: X X X X —X— X X NAYS: ABSENT: Thomas Mims Botchway Dickens Cole Taylor Throgmorton pcdttemplate irnighlander fount addilion final plat resolutlon.doc.doc IL 0 M ATTORNEY'S TITLE OPINION HIGHLANDER DEVELOPMENT FOURTH ADDITION PART 1 Re: HIGHLANDER DEVELOPMENT FOURTH ADDITION PART 1 located in Iowa City, Johnson County, Iowa, and legally described as follows: A SUBDIVISION IN THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 36 AND THE RESUBDIVISION OF LOT 9 OF HIGHLANDER DEVELOPMENT THIRD ADDITION AS SHOWN ON THE FINAL PLAT RECORDED IN PLAT BOOK 44, PAGE 215 AT THE JOHNSON COUNTY RECORDER'S OFFICE, ALL IN TOWNSHIP 80 NORTH, RANGE 6 WEST OF THE FIFTH PRINCIPAL MERIDIAN, IOWA CITY, IOWA DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 36, TOWNSHIP 80 NORTH, RANGE 6 WEST OF THE THIRD PRINCIPAL MERIDIAN, IOWA CITY, JOHNSON COUNTY, IOWA; THENCE NO2021'18"W, A DISTANCE OF 189.76 FEET ALONG THE WEST LINE OF SAID SOUTHEAST QUARTER FOR THE POINT OF BEGINNING; THENCE CONTINUING NO2021'18"W ALONG SAID WESTERLY LINE, A DISTANCE OF 168.70 FEET; THENCE NORTH 87043'41" EAST, A DISTANCE OF 691.29 FEET; THENCE NORTH 02016'19" WEST, A DISTANCE OF 367.17 FEET; THENCE SOUTH 87025'25" WEST, A DISTANCE OF 43.14 FEET; THENCE NORTH 01035'22" WEST TO A POINT ALONG THE NORTH LINE OF SAID NORTHWEST QUARTER A DISTANCE OF 585.43 FEET; THENCE N88031'25"E ALONG THE NORTHERLY LINE OF SAID NORTHWEST QUARTER, A DISTANCE OF 669.96 FEET TO THE NORTHEAST CORNER OF NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 36; THENCE S02005'36"E ALONG THE EASTERLY LINE OF SAID NORTHWEST QUARTER, A DISTANCE OF 1105.98 FEET TO THE NORTHEAST CORNER OF LOT 10 IN HIGHLANDER DEVELOPMENT THIRD ADDITION AS RECORDED IN PLAT BOOK 44, PAGE 215; THENCE S87025'27"W ALONG THE NORTHERLY LINE OF SAID LOT 10, A DISTANCE OF 398.19 FEET TO THE WESTERLY RIGHT-OF-WAY LINE OF NORTHGATE DRIVE; THENCE S02016'19"E ALONG SAID WESTERLY RIGHT OF WAY LINE, A DISTANCE OF 433.87 FEET TO A POINT OF CURVATURE; THENCE SOUTHERLY ALONG SAID WESTERLY RIGHT-OF-WAY LINE BEING A CURVE TO THE RIGHT OF THE LAST DESCRIBED COURSE EXTENDED HAVING A RADIUS OF 201.43 FOOT AND AN ARC LENGTH 193.05 FEET TO THE SOUTHEAST CORNER OF LOT 8 OF SAID HIGHLANDER THIRD ADDITION; THENCE N41056'06"W ALONG SAID EASTERLY LINE OF SAID LOT 8, A DISTANCE OF 282.13 FEET; THENCE N62023'16"W ALONG THE NORTHERLY LINE OF SAID LOT 8 AND THE NORTHERLY LINES OF LOTS 5, 6, AND 7 OF HIGHLANDER DEVELOPMENT THIRD ADDITION AS RECORDED IN PLAT BOOK 25, PAGE 52, A DISTANCE OF 757.74 FEET TO THE POINT OF BEGINNING. SAID TRACT OF LAND CONTAINING 25.30 ACRES MORE OR LESS, AND IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. I, C. Joseph Holland, state that I am a practicing attorney in the State of Iowa and that I have examined a complete abstract of title to the above-described property continued to March 1, 2016 at 8:00 a.m., L�� and as of that date the abstract shows that fee title to the above- described property is in Bilam Properties LLC f/k/a Southgate BP Properties, LLC. There is a mortgage to MidWestOne Bank dated July 23, 2014, and recorded July 28, 2014, in Book 5263, Page 691. I further certify that except as above stated the property is free from encumbrance. Dated as of this day of March, 2016. c �" -U,(C � - - C. J se Holland 0- CERTIFICATE OF COUNTY AUDITOR APPROVAL OF SUBDIVISION NAME I, Travis Weipert, Johnson County Auditor, approve the name Highlander Development Fourth Addition Part 1 for the subdivision of the property described as: A SUBDIVISION IN THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 36 AND THE RESUBDIVISION OF LOT 9 OF HIGHLANDER DEVELOPMENT THIRD ADDITION AS SHOWN ON THE FINAL PLAT RECORDED IN PLAT BOOK 44, PAGE 215 AT THE JOHNSON COUNTY RECORDER'S OFFICE, ALL IN TOWNSHIP 80 NORTH, RANGE 6 WEST OF THE FIFTH PRINCIPAL MERIDIAN, IOWA CITY, IOWA DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 36, TOWNSHIP 80 NORTH, RANGE 6 WEST OF THE THIRD PRINCIPAL MERIDIAN, IOWA CITY, JOHNSON COUNTY, IOWA; THENCE NO2021'18"W, A DISTANCE OF 189.76 FEET ALONG THE WEST LINE OF SAID SOUTHEAST QUARTER FOR THE POINT OF BEGINNING; THENCE CONTINUING NO2021'18"W ALONG SAID WESTERLY LINE, A DISTANCE OF 168.70 FEET; THENCE NORTH 87043'41" EAST, A DISTANCE OF 691.29 FEET; THENCE NORTH 02016'19" WEST, A DISTANCE OF 367.17 FEET; THENCE SOUTH 87025'25" WEST, A DISTANCE OF 43.14 FEET; THENCE NORTH 01035'22" WEST TO A POINT ALONG THE NORTH LINE OF SAID NORTHWEST QUARTER A DISTANCE OF 585.43 FEET; THENCE N88031'25"E ALONG THE NORTHERLY LINE OF SAID NORTHWEST QUARTER, A DISTANCE OF 669.96 FEET TO THE NORTHEAST CORNER OF NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 36; THENCE S02005'36"E ALONG THE EASTERLY LINE OF SAID NORTHWEST QUARTER, A DISTANCE OF 1105.98 FEET TO THE NORTHEAST CORNER OF LOT 10 IN HIGHLANDER DEVELOPMENT THIRD ADDITION AS RECORDED IN PLAT BOOK 44, PAGE 215; THENCE S87025'27"W ALONG THE NORTHERLY LINE OF SAID LOT 10, A DISTANCE OF 398.19 FEET TO THE WESTERLY RIGHT-OF-WAY LINE OF NORTHGATE DRIVE; THENCE S02016'19"E ALONG SAID WESTERLY RIGHT OF WAY LINE, A DISTANCE OF 433.87 FEET TO A POINT OF CURVATURE; THENCE SOUTHERLY ALONG SAID WESTERLY RIGHT-OF-WAY LINE BEING A CURVE TO THE RIGHT OF THE LAST DESCRIBED COURSE EXTENDED HAVING A RADIUS OF 201.43 FOOT AND AN ARC LENGTH 193.05 FEET TO THE SOUTHEAST CORNER OF LOT 8 OF SAID HIGHLANDER THIRD ADDITION; THENCE N41056'06"W ALONG SAID EASTERLY LINE OF SAID LOT 8, A DISTANCE OF 282.13 FEET; THENCE N62023'16"W ALONG THE NORTHERLY LINE OF SAID LOT 8 AND THE NORTHERLY LINES OF LOTS 5, 6, AND 7 OF HIGHLANDER DEVELOPMENT THIRD ADDITION AS RECORDED IN PLAT BOOK 25, PAGE 52, A DISTANCE OF 757.74 FEET TO THE POINT OF BEGINNING. SAID TRACT OF LAND CONTAINING 25.30 ACRES MORE OR LESS, AND IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. Dated as of this day of March, 2016. Travis Weipert County Auditor by: ; rle .441—y- Deputy wl�- OFF SITE STORM SEWER EASEMENT AGREEMENT HIGHLANDER DEVELOPMENT FOURTH ADDITION - PART 1 THIS AGREEMENT, made and entered into by and between Bilam Properties LLC (Owner), which expression shall include successors in interest and assigns, and the City of Iowa City, Iowa (Iowa City), which expression shall include its successors in interest and assigns. WITNESSETH: It is hereby agreed as follows: For the sum of $1.00 plus other valuable consideration, the receipt of which is hereby acknowledged, Owner hereby grants and conveys to the City an easement for the purposes of excavating for and the installation, replacement, maintenance and use of such storm water lines, pipes, mains, conduits, and overland drainageways as the City shall from time to time elect for conveying storm water, with all necessary appliances and fittings for the use in connection with said pipe lines, together with adequate protection therefor, and also a right of way, with the right of ingress and egress thereto, over and across the areas designated as "Off -Site Storm Sewer Easement " included as part of a "20' Storm Sewer Easement" as shown on the Final Plat of Highlander Development Fourth Addition - Part 1 and referred to herein as "Easement Area." Owner further grants to the City: 1. The right of grading said Easement Areas for the full width thereof, and to extend the cuts and fills for such grading into and onto said lands along and outside of the said Easement Area, to such extent as the City may find reasonably necessary. 2. The right from time to time to trim, 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 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. 4. 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. 5. Owner reserves the right to use said Easement Area for purposes which will not interfere with the City's full enjoyment of the rights hereby granted; provided that the Owner shall not erect or construct any building, fence, retaining wall, or other. structure, plant any trees, drill or operate any well, or construct any reservoir or other obstruction on said areas, or diminish or substantially add to the ground cover over said Easement Area. Any improvements installed within the easement area, with or without the approval of the City, may be removed by the City without compensation or replacement. 6. 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. 7. 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. 8. 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. 9. 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 2 -3r& -day of March, 2016. OWNER: Bilam P�fvltnerties By: Terry Fill, -Manager CITY: By: Vm Throgmorto , Mayor Approved by: City Attorney 31.2 (/1 m ATTEST: Marian K. Karr, City Clerk STATE OF IOWA ) )ss: JOHNSON COUNTY ) This instrument acknowledged before me this W5+ day of March, 2016, by Terry Sill, Manager of Bilam Properties LLC 4t4v� eusrx'.".'�- Not�ublic in and for the State of Iowa STATE OF IOWA ) )ss: JOHNSON COUNTY ) This instrument acknowledged before me by Jim Throgmorton and Marian K. Karr, respectively, of the City of Iowa City, oelAt, SUZANNE E. SHEBEK Commission Number 713257 My Commission Expires pW Oxdober26,2016 this 2-3r-rcday as the Mayor Iowa. of March, 2016, and City Clerk, Notary Public in and for the State of Iowa KELLIE K. TUTTLE ion e Commission Number 221919 My Commis n Epires nvi LP OWNER'S CERTIFICATE Bilam Properties LLC requests approval of the subdivision known as Highlander Development Fourth Addition Part 1 as shown on the final plat thereof with which this document is recorded, which is a subdivision of: A SUBDIVISION IN THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 36 AND THE RESUBDIVISION OF LOT 9 OF HIGHLANDER DEVELOPMENT THIRD ADDITION AS SHOWN ON THE FINAL PLAT RECORDED IN PLAT BOOK 44, PAGE 215 AT THE JOHNSON COUNTY RECORDER'S OFFICE, ALL IN TOWNSHIP 80 NORTH, RANGE 6 WEST OF THE FIFTH PRINCIPAL MERIDIAN, IOWA CITY, IOWA DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 36, TOWNSHIP 80 NORTH, RANGE 6 WEST OF THE THIRD PRINCIPAL MERIDIAN, IOWA CITY, JOHNSON COUNTY, IOWA; THENCE NO2021'18"W, A DISTANCE OF 189.76 FEET ALONG THE WEST LINE OF SAID SOUTHEAST QUARTER FOR THE POINT OF BEGINNING; THENCE CONTINUING NO2021'18"W ALONG SAID WESTERLY LINE, A DISTANCE OF 168.70 FEET; THENCE NORTH 87043'41" EAST, A DISTANCE OF 691.29 FEET; THENCE NORTH 02016'19" WEST, A DISTANCE OF 367.17 FEET; THENCE SOUTH 87025'25" WEST, A DISTANCE OF 43.14 FEET; THENCE NORTH 01035'22" WEST TO A POINT ALONG THE NORTH LINE OF SAID NORTHWEST QUARTER A DISTANCE OF 585.43 FEET; THENCE N88031'25"E ALONG THE NORTHERLY LINE OF SAID NORTHWEST QUARTER, A DISTANCE OF 669.96 FEET TO THE NORTHEAST CORNER OF NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 36; THENCE S02005'36"E ALONG THE EASTERLY LINE OF SAID NORTHWEST QUARTER, A DISTANCE OF 1105.98 FEET TO THE NORTHEAST CORNER OF LOT 10 IN HIGHLANDER DEVELOPMENT THIRD ADDITION AS RECORDED IN PLAT BOOK 44, PAGE 215; THENCE S87025'27"W ALONG THE NORTHERLY LINE OF SAID LOT 10, A DISTANCE OF 398.19 FEET TO THE WESTERLY RIGHT-OF-WAY LINE OF NORTHGATE DRIVE; THENCE S02016'19"E ALONG SAID WESTERLY RIGHT OF WAY LINE, A DISTANCE OF 433.87 FEET TO A POINT OF CURVATURE; THENCE SOUTHERLY ALONG SAID WESTERLY RIGHT- OF-WAY LINE BEING A CURVE TO THE RIGHT OF THE LAST DESCRIBED COURSE EXTENDED HAVING A RADIUS OF 201.43 FOOT AND AN ARC LENGTH 193.05 FEET TO THE SOUTHEAST CORNER OF LOT 8 OF SAID HIGHLANDER THIRD ADDITION; THENCE N41056'06"W ALONG SAID EASTERLY LINE OF SAID LOT 8, A DISTANCE OF 282.13 FEET; THENCE N62023'16"W ALONG THE NORTHERLY LINE OF SAID LOT 8 AND THE NORTHERLY LINES OF LOTS 5, 6, AND 7 OF HIGHLANDER DEVELOPMENT THIRD ADDITION AS RECORDED IN PLAT BOOK 25, PAGE 52, A DISTANCE OF 757.74 FEET TO THE POINT OF BEGINNING. SAID TRACT OF LAND CONTAINING 25.30 ACRES MORE OR LESS, AND IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. The undersigned further states that subdivision is made with the free consent and in accordance with the desire of the undersigned, owner of the land included within the subdivision. The streets and easements within the boundaries of the subdivision are hereby dedicated to the public as provided for by Section 354.19 of the Code of Iowa (2015). Dated as of this 'Z154- day of March, 2016. Bilam Pp6¢erties Terry Sill, STATE OF IOWA ) )ss: JOHNSON COUNTY ) This instrument was acknowledged before me on this 284 day of March, 2016 by Terry Sill, Manager of Bii1lam Properties LLC. '2"fQ (ice Notar�ublic in andd Iforor said State '•�w SUZANNE E. SHEBEK OOmmissbn Number 713257 MY commission Expires row Oct0ber26, 2016 W")- PEDESTRIAN ACCESS EASEMENT HIGHLANDER DEVELOPMENT FOURTH ADDITION PART 1 For the sum of One Dollar and other valuable consideration, the undersigned Owner hereby grants to the owners of all lots in the subdivision, and to the public, a perpetual easement upon, over, along, and across the area designated as "Public Access Easement " on the final Plat of Highlander Development Fourth Addition Part 1, referred to herein as the "Easement Area." This easement grants to the lot owners, their invitees, and the public a means of pedestrian ingress, egress, and passage over the Easement Area for access to the lots within the Subdivision. The City shall have no responsibility for maintaining this Easement Areas. The Owner and the Subdivider agree to install a sidewalk abutting in the easement area. Said sidewalk shall be at least 5 feet in width according to specifications approved by the City Engineer for the City of Iowa City, Iowa. The sidewalk shall be installed as required by the Iowa City Code of Ordinances and shall remain a lien on the Subdivision until installed and released by the City, and the Release duly recorded in the Johnson County Recorder's office. Neither Owner nor any benefitted party shall erect or construct any structure, building, fence, reservoir, retaining wall, or other obstruction in the Easement Area, and shall not park motor vehicles in a manner which obstructs the functioning of the easement or otherwise obstruct the functioning of the easement. The Owner hereby covenants that it is lawfully seized and possessed of the real estate described above, and that it has good and lawful right to convey it or any part thereof. This easement shall inure to the benefit of and bind the successors and assigns of the respective parties hereto. All covenants shall be deemed to apply to and run with the title to the land. Dated as of this Q!� day of March, 2016 OWNER and GRANTOR: Bilam Prgj5ertie By: Terry i11, Manager CITY: By: JYm Throgmorton, Mayor ATTEST: -;(J k Marian K. Karr, City Clerk Page 1 of 2 Approved by: Aee.,,w,1,r,1 City Attorney '54Zr STATE OF IOWA ) )ss: JOHNSON COUNTY ) This instrument acknowledged before me this Ob day of March, 2016, by Terry Sill, Manager of BilamPr��Qi �res CCJ����1C r Notary PubXV in and for the State of Iowa jj1,,,UZANNE E. SHEBEKommission Number 713257cto My OANNE 26, 0 B��sSTATE OF IOWA ) )ss: JOHNSON COUNTY ) This instrument acknowledged before me this 23 day of March, 2016, by Jim Throgmorton and Marian K. Karr, as the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa. Notary Public in and for the State of Iowa p KELLIE K. TUTTLE r K Commission Number221819 My Co missi n Expires Page 2 of 2 e SANITARY SEWER EASEMENT AGREEMENT HIGHLANDER DEVELOPMENT FOURTH ADDITION - PART 1 THIS AGREEMENT, made and entered into by and between Bilam Properties LLC (Owner), which expression shall include successors in interest and assigns, and the City of Iowa City, Iowa (Iowa City), which expression shall include its successors in interest and assigns. WITNESSETH: It is hereby agreed as follows: For the sum of $1.00 plus other valuable consideration, the receipt of which is hereby acknowledged, Subdivider hereby grants and conveys to the City an easement for the purposes of excavating for and the installation, replacement, maintenance and use of such sewage lines, pipes, mains, and conduits as the City shall from time to time elect for conveying sewage, with all necessary appliances and fittings, for the use in connection with said pipe lines, together with adequate protection therefor, and also a right of way, with the right of ingress and egress thereto, over and across the areas designated as "20' SANITARY SEWER AND UTILITY EASEMENT" on the Final Plat of Highlander Development Fourth Addition - Part 1, Iowa City, Iowa, .hereafter described as "easement areas." Subdivider further grants to the City: 1. The right of grading said easement areas for the full width thereof, and to extend the cuts and fills for such grading into and onto said lands along and outside of the said easement areas to such extent as the City may find reasonably necessary., and 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. 2. The right from time to time to trim, cut down and clear away any and all trees and brush on said easement areas and also to trim, cut down and clear away any trees on either side of said easement areas which now or hereafter in the opinion of the City may be a hazard to said easement areas, or which may interfere with the exercise of the City's rights hereunder in any manner. The City shall promptly backfill any trench made by it, and repair any damages caused by the City within the easement area. The City shall indemnify Subdivider against unreasonable loss or damage which may occur in the negligent exercise of the easement rights by the City. Except as expressly provided herein, the City shall have no responsibility for maintaining the easement area. Subdivider reserves the right to use said easement areas for purposes which will not interfere with the City's full enjoyment of the 11� rights hereby granted; provided that the Subdivider shall not erect or construct any building, fence, retaining wall, or other structure, plant any trees, drill or operate any well, or construct any reservoir or other obstruction on said areas, or diminish or substantially add to the ground cover over said easement areas. Any improvements installed within the easement area, with or without the approval of the City, may be removed by the City without compensation or replacement. Subdivider does hereby covenant with the City that it is lawfully seized and possessed of the real estate above described, and that it has a good and lawful right to convey it, or any thereof. Nothing in this Agreement shall be construed to impose a requirement on the City to install the original public improvement at issue herein. Nor shall Subdivider be deemed acting as the City's agent during the original construction and installation of said improvement. Parties agree that the obligation to install the public improvement(s) herein shall be in accordance with City specifications, and the obligation shall remain on Subdivider until completion and until acceptance by the City, as by law provided. The provisions hereof shall inure to the benefit of and bind the successors and assigns of the respective Parties hereto, and all covenants shall apply to and run with the land and with the title to the land. Dated as of this ZJday of March, 2016. OWNER: Bilam Pr9perti[ls LLC By: Terry , Manager CITY: by: JVim Throgmort , Mayor 7Ap roved by: IIII,, II'' VA 6N�ikl4_ City Attorney 12+t9 IG STATE OF IOWA ) )ss: 2 ATTEST: Mar K. Karr, City Clerk AO- JOHNSON COUNTY ) This instrument acknowledged before me this X154 day of March, 2016, by Terry Sill, Manager of Bilam Properties LLC STATE OF IOWA ) ) ss: JOHNSON COUNTY ) �, z A&k Notar ublic in and for the State of Iowa eur SUZANNE E. SHEBEK Wo Commission Number 713257 My 0 obe 216 016ires ow This instrument acknowledged before me this 25rlt�'-­day of March, 2016, by Jim Throgmorton and Marian K. Karr, as the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa. Notary Public in and for the State of Iowa KELLIEK.-n E Commission Number 2819 'r s my co mis Ion Expires 3 lk"r STORM SEWER AND DRAINAGE EASEMENT AGREEMENT HIGHLANDER DEVELOPMENT FOURTH ADDITION - PART 1 THIS AGREEMENT, made and entered into by and between Bilam Properties LLC (Owner), which expression shall include successors in interest and assigns, and the City of Iowa City, Iowa (Iowa City), which expression shall include its successors in interest and assigns. WITNESSETH: It is hereby agreed as follows: For the sum of $1.00 plus other valuable consideration, the receipt of which is hereby acknowledged, Owner hereby grants and conveys to the City an easement for the purposes of excavating for and the installation, replacement, maintenance and use of such storm water lines, pipes, mains, conduits, and overland drainageways as the City shall from time to time elect for conveying storm water, with all necessary appliances and fittings for the use in connection with said pipe lines, together with adequate protection therefor, and also a right of way, with the right of ingress and egress thereto, over and across the areas designated as "20' Storm Sewer Easement" and "20' Storm Sewer and Drainage Easement" as shown on the Final Plat of Highlander Development Fourth Addition - Part 1 and referred to herein as "Easement Areas." Owner further grants to the City: 1. The right of grading said Easement Areas for the full width thereof, and to extend the cuts and fills for such grading into and onto said lands along and outside of the said Easement Areas, to such extent as the City may find reasonably necessary. 2. The right from time to time to trim, to cut down and clear away any and all trees and brush on said Easement Areas, and also to trim, cut down and clear away any trees on either side of said strip which now or hereafter in the opinion of the City may be a hazard to said Easement Areas or which may interfere with the exercise of the City's rights hereunder in any manner. 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. 4. 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. 5. Owner reserves the right to use said Easement Areas for purposes which will not interfere with the City's full enjoyment of the 49- rights hereby granted; provided that the Owner shall not erect or construct any building, fence, retaining wall, or other structure, plant any trees, drill or operate any well, or construct any reservoir or other obstruction on said areas, or diminish or substantially add to the ground cover over said Easement Areas. Any improvements installed within the easement area, with or without the approval of the City, may be removed by the City without compensation or replacement. 6. 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. 7. 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. 8. 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. 9. 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 2-3dayof March, 2016. OWNER: Bilam P06pertiq� LLC By: Terry/Sill, Manager CITY' � By: Pim Throgmor on, Mayor Apyoved by: i City Attorney ATTEST: /fir a.J 7t. Marian K. Karr, City Clerk �y STATE OF IOWA )ss: JOHNSON COUNTY ) This instrument acknowledged before me this day of March, 2016, by Terry Sill, Manager of Bilam Properties LLC STATE OF IOWA ) )ss: JOHNSON COUNTY ) NotaryLpbblic in and for the State of Iowa =SU.SHEBEKmber 713257 miss commissi8,20on 16ires This instrument acknowledged before me this 23tday of March, 2016, by Jim Throgmorton and Marian K. Karr, as the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa. Notary Public in and for the State of Iowa %11J KELLIE K. TUITLE Commiss!an Number 221818 My C miss n Expiresrw e STORM WATER MANAGEMENT AREA EASEMENT AGREEMENT HIGHLANDER DEVELOPMENT FOURTH ADDITION Part 1 IOWA CITY, IOWA Bilam Properties LLC hereinafter "Owner" or "Subdivider" of the real estate described as Highlander Fourth Addition Part 1, Iowa City, Iowa, on the approved Final Plat thereof, hereby grants to the City of Iowa City, Iowa an easement for construction, operation and maintenance of stormwater control structures and stormwater control facilities, together with a right of ingress and egress thereto over and across that portion of Highlander Development Fourth Addition Part 1 labeled as "Storm Water Management Area" and as Outlot A as shown upon on the Final Plat of Highlander Development Fourth Addition Part 1 and sometimes referred to herein as the Easement Area. This Easement supercedes a Grant/Reservation of Stormwater Management Easement recorded December 15, 1995 in Book 2008, page 288; and a Stormwater Management Easement recorded July 2, 2002 in Book 3331, pages 273-275, inclusive, and those easements are released by the City in consideration of the easement granted herein. Owner and Subdivider grants to the City the following rights in conjunction with the Easement: 1. The right of grading said Easement Area for the full width thereof, and the right to extend the cuts and fills for such grading into and on said land along and outside of said Easement Area as the City may find reasonably necessary. 2. The right from time to time to trim, to cut down and clear away all trees and brush on said Easement Area, and on either side of the Easement Area, which now or hereafter in the opinion of the City may be a hazard to said facilities or may interfere with the City's rights hereunder in any manner. The City shall indemnify Owner and Subdivider against any loss or damage which shall be caused by the negligent exercise of any ingress or egress, construction, use or maintenance by the City or its agents or employees in the course of their employment. Owner and Subdivider 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 Owner and Subdivider and Association 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 1 q7?- or replacement. Owner and Subdivider shall maintain the area within the easement area free from weeds and debris and shall in no event fill or prevent the stormwater detention facilities to be filled in, and the Owner and Subdivider and the Association also agree to maintain its land so as to minimize erosion in and around the Easement Area. Owner and Subdivider do hereby covenant with the City that it is lawfully seized and possessed of the real estate above described, and that they have a good and lawful right to convey it, or any part thereof. After completion of the stormwater detention facility this obligation for maintenance will be transferred and become the obligation of the Owners Association formed in part for this purpose and the Owners Association and 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. Nothing in this Easement shall be construed to impose a requirement on the City to install the public improvements at issue herein. Owner and Subdivider 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, and the obligation shall remain on Owner until completion by the Owner, and acceptance by the City. 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 facility. 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 23 N{day of March, 2016. OWNER: Bilam P es C By: Terry Sill, Manager E CITY: By: Ji Throgmorton, ayor Approved by: / City Attorney 344 itO STATE OF IOWA ) )ss: JOHNSON COUNTY ) ATTEST: Marian K. Karr, City Clerk This instrument acknowledged before me this 2V day of March, 2016, by Terry Sill, Manager of Bilam Properties LLC Notary Ublic in and for the State of Iowa SUZANNE E. M71325�7 Commission NumMy CommissioSTATE OF IOWA ) w october2s, )ss: JOHNSON COUNTY ) This instrument acknowledged before me this 2a� day of March, 2016, by Jim Throgmorton and Marian K. Karr, as the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa. V'- - C ll� %�l Zr t�4! � Notary Public in and for the State of Iowa 'u KELLIE K. TUTTLE Comrniss!an Number 221819 My Co mis ion Expires ow " 3 VP- 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. A SUBDIVISION IN THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 36 AND THE RESUBDIVISION OF LOT 9 OF HIGHLANDER DEVELOPMENT THIRD ADDITION AS SHOWN ON THE FINAL PLAT RECORDED IN PLAT BOOK 44, PAGE 215 AT THE JOHNSON COUNTY RECORDER'S OFFICE, ALL IN TOWNSHIP 80 NORTH, RANGE 6 WEST OF THE FIFTH PRINCIPAL MERIDIAN, IOWA CITY, IOWA DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 36, TOWNSHIP 80 NORTH, RANGE 6 WEST OF THE THIRD PRINCIPAL MERIDIAN, IOWA CITY, JOHNSON COUNTY, IOWA; THENCE NO2021'18"W, A DISTANCE OF 189.76 FEET ALONG THE WEST LINE OF SAID SOUTHEAST QUARTER FOR THE POINT OF BEGINNING; THENCE CONTINUING NO2021'18"W ALONG SAID WESTERLY LINE, A DISTANCE OF 168.70 FEET; THENCE NORTH 87043'41" EAST, A DISTANCE OF 691.29 FEET; THENCE NORTH 02016'19" WEST, A DISTANCE OF 367.17 FEET; THENCE SOUTH 87025'25" WEST, A DISTANCE OF 43.14 FEET; THENCE NORTH 01035'22" WEST TO A POINT ALONG THE NORTH LINE OF SAID NORTHWEST QUARTER A DISTANCE OF 585.43 FEET; THENCE N88031'25"E ALONG THE NORTHERLY LINE OF SAID NORTHWEST QUARTER, A DISTANCE OF 669.96 FEET TO THE NORTHEAST CORNER OF NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 36; THENCE S02005'36"E ALONG THE EASTERLY LINE OF SAID NORTHWEST QUARTER, A DISTANCE OF 1105.98 FEET TO THE NORTHEAST CORNER OF LOT 10 IN HIGHLANDER DEVELOPMENT THIRD ADDITION AS RECORDED IN PLAT BOOK 44, PAGE 215; THENCE S87°25'27"W ALONG THE NORTHERLY LINE OF SAID LOT 10, A DISTANCE OF 398.19 FEET TO THE WESTERLY RIGHT-OF-WAY LINE OF NORTHGATE DRIVE; THENCE S02°16'19"E ALONG SAID WESTERLY RIGHT OF WAY LINE, A DISTANCE OF 433.87 FEET TO A POINT OF CURVATURE; THENCE SOUTHERLY ALONG SAID WESTERLY RIGHT-OF-WAY LINE BEING A CURVE TO THE RIGHT OF THE LAST DESCRIBED COURSE EXTENDED HAVING A RADIUS OF 201.43 FOOT AND AN ARC LENGTH 193.05 FEET TO THE SOUTHEAST CORNER OF LOT 8 OF SAID HIGHLANDER THIRD ADDITION; THENCE N41056'06"W ALONG SAID EASTERLY LINE OF SAID LOT 8, A DISTANCE OF 282.13 FEET; THENCE N62023'16"W ALONG THE NORTHERLY LINE OF SAID LOT 8 AND THE NORTHERLY LINES OF LOTS 5, 6, AND 7 OF HIGHLANDER DEVELOPMENT THIRD ADDITION AS RECORDED IN PLAT BOOK 25, PAGE 52, A DISTANCE OF 757.74 FEET TO THE POINT OF BEGINNING. SAID TRACT OF LAND CONTAINING 25.30 ACRES MORE OR LESS, AND IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. Dated as of this a day of March, 2016 Thomas L. Kriz, County Treasurer by: Deputy Parcel# 07 ��;3 (- cf,Ze-CPk2 07 3& L/ 2 &CU3 673& `F-)-o1 rev/ 6-7 36VS-q6D1 FM UTILITY EASEMENT DEVELOPMENT FOURTH ADDITION PART 1 In consideration of the approval of the Final Plat of Highlander Fourth Addition Part 1, the undersigned hereby grants to MidAmerican Energy, Centurylink Corporation, MediaCom Iowa, L.L.C., and the City of Iowa City, and their successors and assigns, (hereinafter "Grantees") a perpetual easement upon, over, under, along and across the areas marked upon the Final Plat of Highlander Development Fourth Addition Part 1 as "15' Utility Easement" and "20' Sanitary Sewer and Utility Easement" and "25' Storm Sewer, Sanitary Sewer, and 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 area. Grantees shall indemnify Grantor against unreasonable loss or damage which may occur in the negligent exercise of the easement rights by the City. Grantor, its successors in interest and assigns, reserve the right to use said easement areas for purposes which will not interfere with the 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. 41 Dated as of this 2� day of March, 2016 A�y OWNER and GRANTOR: Bilam Properties By: Terry Sill, Manager CITY: By: Jim Throgmort n, Mayor Approved by: 4--4 �/�%fu�� City Attorney 3/2/biro STATE OF IOWA ) )ss: JOHNSON COUNTY ) ATTEST: Marian K. Karr, City Clerk This instrument acknowledged before me this 2W day of March, 2016, by Terry Sill, Manager of Bilaaa''m��ppProperties LLC // NoiaryLyublic in and for the State of Iowa 15:1 SUZANNE E.SHEBEcommission Number 7lffi57 My commission Expires STATE OF IOWA ) owe October 26, 2016 )ss: JOHNSON COUNTY ) This instrument acknowledged before me this 2-3A day of March, 2016, by Jim Throgmorton and Marian K. Karr, as the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa. Notary Public in and for the State of Iowa rk KELLIE K. TUTfLEw r coMy Coon lssinneI ir'sl9 tkf�- SUBDIVIDER'S AGREEMENT HIGHLANDER DEVELOPMENT FOURTH ADDITION PART 1 IOWA CITY, IOWA THIS AGREEMENT made by and between Bilam Properties LLC, hereinafter called "Owner" or "Subdivider", and the City of Iowa City, Iowa, a municipal corporation hereinafter called the "City" IT IS HEREBY AGREED AS FOLLOWS: Section 1. Public Improvements. In consideration of the City approving the Final Plat of Highlander Development Fourth Addition - Part 1, Iowa City, Iowa, hereinafter the "Subdivision", the Owner and the Subdivider agree as a covenant running with the land as follows: Subject to Section 6, the City shall not issue a Building Permit for any of the lots in the Subdivision unless and until the following, hereinafter collectively referred to as "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: A. Water mains, sanitary sewers, storm sewers and drainageways, B. Concrete street paving at least 28 feet in width on Northgate Drive south of Clear Ridge Road and 31 feet in width north of Clear Ridge Road; at least 34 feet in width on Oakdale Boulevard; and 31 feet in width for all of Clear Ridge Road, and C. Sidewalks 8 feet in width along the east side of Northgate Drive and the south side of Oakdale Boulevard, and 5 feet in width along the west side of Northgate Drive and Clear Ridge Road. Section 2. Storm Water Management. 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 Detention Facility ("Facility"), including the site work incident thereto, located on Outlot "A", as more particularly located on the Subdivision Plat filed herewith, has been installed by the Owner and Subdivider and either released or accepted by the City. A storm water detention facility has previously been installed and serves prior parts of Highlander Addition, and is being incorporated into and improved as part of Highlander Addition Part 1. Owner and Subdivider agree that the duty to maintain the Facility shall remain on the Owner and Subdivider, the present owner of the Facility, and Owner and Subdivider's successors and assigns in V interest, until being transferred to Northgate Corporate Park Owners Association, a non-profit owners association previously formed in part for that purpose, or to newly formed non-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. This facility will serve all lots in Highlander Development First Addition, Highlander Development Third Addition, and Highlander Development Addition Part Four. This obligation replaces and supercedes any obligations for installation of storm water management facilities provided for in connection with the platting of Highlander Development First Addition and Highlander Development Third Addition, in the agreements recorded in Book 710, pages 136 et seg., and Book 3331, page 254 et seg. In the Johnson County Recorder's office. Section 3. Construction of Improvements. All Improvements described in Section I of this Agreement shall be constructed and installed 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 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. The City has received a RISE Grant from the State of Iowa for the purpose of deferring construction costs of certain Public Improvements within this subdivision. Notwithstanding the Owner's obligation to install the Public Improvements described herein, it is contemplated, therefore, that the City will prepare construction specifications for all of the Improvements, and advertise for bids and let public contracts for installation of the Improvements, in accordance with an "Agreement Between the City of Iowa City, Iowa and Bilam Properties, L.L.C. Regarding Construction of the Public Improvements for Highlander Fourth Addition, Part 1," executed contemporaneously herewith. Neither the City nor the Owner and the Subdivider shall be deemed to be acting as the other's agent during the original construction and installation of said Improvements. The parties agree that the obligation to install the Improvements herein shall be in accordance with City specifications, and the obligation to install said Improvements shall remain with the Owner and the Subdivider until completion by the City, and until acceptance of the Improvements by the City, as provided by law. Section 4. Sidewalks. All sidewalks in the subdivision shall be installed as a Public improvement in accordance with Section 1 herein. Sidewalks shall be constructed according to the plans and specifications approved by the City Engineer for the City of Iowa City, Iowa. The sidewalks shall be installed in the Subdivision covered by this Agreement as required by the Iowa City Code of Ordinances, and shall remain a lien on each abutting platted lot until installed and released by the City, and the Release duly recorded in the Johnson County Recorder's office. Section 5. Neighborhood Open Space. The Public Open Space requirements have been satisfied in the course of platting prior parts of Highlander Addition and no further dedication of public open space or payments in lieu of dedication are due in connection with this Subdivision. LY Section 6 Building Permits and Escrow Monies. In the event the Owner and the Subdivider, its assigns or successors in interest should desire a building permit on any lot in the Subdivision before the Improvements have been installed, the Owner and the Subdivider, its assigns or successors in interest, shall deposit with the City Finance Department, in escrow, an amount equal to 110% of the estimated cost of said Improvements as determined by the City Engineer (hereinafter "Improvements Escrow"). At the time the Improvements are being installed, only a temporary turnaround within the Oakdale Boulevard right of way of is being constructed. The Owner and Subdivider shall include in an Improvements Escrow an amount agreed upon by the City as the Owner's and Subdivider's contributions to the future paving and installation of the street and abutting sidewalks along Oakdale Boulevard. City and Owner and Subdivider acknowledge that Oakdale Boulevard paving will be oversized in width from a design standard of 31 feet to 34 feet and the City will bear all expense of the additional three feet of width. 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 official of the City is authorized to issue a building permit if the application is in compliance with all other applicable requirements and ordinances of the City. Section 7. Occupancy Permit. Prior to the issuance of an occupancy permit for any structure erected pursuant to Section 6, the City in its discretion may require the Owner and the Subdivider, its assigns or successors in interest, to construct and install the Improvements and sidewalks as required by this Agreement. Ar Section 8. Use of Escrow Monies. If, after the issuance of an occupancy permit, the Improvements have not been constructed and installed, the City may use funds deposited in the Improvements Escrow to construct and install such improvements. If the cost of the construction and installation of said Improvements exceeds the amount of said escrow, the City shall have a lien and charge against all the lots in the Subdivision for the balance of the cost. After the construction and installation of the Improvements, the City shall refund to the Owner and the Subdivider any Improvements Escrow monies not used by the City for the construction and installation of such Improvements. Section 9. Waiver. If the Owner and the Subdivider sell or convey lots in said Subdivision without the Improvements being installed or constructed; or the Owner and the Subdivider fail to construct sidewalks required in Section 4 hereof, the City shall have the right to install and construct said Improvements or sidewalks. Owner and Subdivider acknowledges and agrees that all lots in the Subdivision are specifically benefitted by the Improvements so that the cost of the installation shall be a lien and charge against all of the lots in the Subdivision. The cost of Improvements need not meet the requirements of notice, benefit or value as provided by the law of the State of Iowa for assessing such improvements. The cost of installing the sidewalks shall be a lien and charge only against the lot or lots abutting or in front of which such sidewalks are to be installed. It is further provided that these requirements to construct the Improvements and sidewalks shall remain a lien against the lots in the Subdivision from the date of this Agreement until properly released, as hereinafter provided. Section 10. Release. The City agrees that when the Improvements have been installed as required to the satisfaction of the City, the City will, upon request, promptly issue to the Owner, for recording in the Office of the Johnson County Recorder, a good and sufficient release for the lots in the Subdivision so that this Agreement will not constitute a cloud upon the title of the lots in the Subdivision. Separate sidewalk lien releases shall be issued for individual lots when appropriate. The Mayor and City Clerk, with the concurrence of the City Attorney and City Engineer, are hereby authorized to execute the releases contemplated by this section. This section also authorizes the execution of one or more Limited Release Agreements, based on the use of escrows for Improvements as contemplated in Section 6 above, as may be acceptable to the City. Storm Water Control Facility Release. 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 certifies 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. (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 basins have the required storage capacity Section 11. Street Maintenance and Public Services. Owner and Subdivider agree that public services, including but not limited to street maintenance, traffic control, snow removal, and solid waste collection, will not be extended to the Subdivision until the concrete streets are installed and accepted by the City. Section 12 Sanitary Sewer Tap -on Fee and Water Main Extension Fee. A. The City shall not issue a building permit for any lot in the Subdivision until such time as the Owner and the Subdivider has paid a sanitary sewer tap -on fee in the amount of $17,305.67 to the City pursuant to the City Code, which calculation does not include any acreage previously platted in Outlot A and Lot 9, Highlander Development Third Addition. B. The City shall not issue a building permit for any lot in the Subdivision until such time as the Owner and the Subdivider has paid a water main extension fee in the amount of $8,417.25 to the City pursuant to the City Code, which calculation does not include any acreage previously platted in Outlot A or Lot 9, Highlander Development Third Addition.. Section 13. Miscellaneous. A. All electrical, telephone and cable television service and distribution lines shall be installed underground. t�x 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 easement, alter lot boundaries or allow said land to be replatted subject to any applicable public notice and approval process required by law. Section 14. Binding Effect. This agreement shall be inure to the benefit and bind the successors and assigns of the respective parties hereto and shall be construed as a covenant running with the title to the lots within the Subdivision. Dated as of this & J' day of March, 2016 By: Terry CITY: By: Throgmorton, My or App ed by: City Attorney 3�a 2 //41 STATE OF IOWA ) )ss: JOHNSON COUNTY) ATTEST: arian . Karr, City Clerk This instrument acknowledged before me this 2kday of March, 2016, by Terry Sill, Manager of Bilam Properties LLC. l NotarkYiublic in and for the State of Iowa SUZANNE E. SHEBEK c Commission Number 713257 My Commission Expires ow October 26, 2016 STATE OF IOWA ) )ss: JOHNSON COUNTY) This instrument acknowledged before me this 23 day of March, 2016, by Jim Throgmorton and Marian K. Karr, as the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa. ems` 6,e, )(--' l t AL Notary Public in and for the State of Iowa =AIVKNTTI.E ber 221819 E -V MORTGAGEE CONSENT TO SUBDIVISION MidWestOne Bank holds a mortgage recorded July 28, 2014 in Book 5263, Page 691, in the records of the Recorder of Johnson County on the property described below included within Highlander Development Fourth Addition Part 1. A SUBDIVISION IN THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 36 AND THE RESUBDIVISION OF LOT 9 OF HIGHLANDER DEVELOPMENT THIRD ADDITION AS SHOWN ON THE FINAL PLAT RECORDED IN PLAT BOOK 44, PAGE 215 AT THE JOHNSON COUNTY RECORDER'S OFFICE, ALL IN TOWNSHIP 80 NORTH, RANGE 6 WEST OF THE FIFTH PRINCIPAL MERIDIAN, IOWA CITY, IOWA DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 36, TOWNSHIP 80 NORTH, RANGE 6 WEST OF THE THIRD PRINCIPAL MERIDIAN, IOWA CITY, JOHNSON COUNTY, IOWA; THENCE NO2021'18"W, A DISTANCE OF 189.76 FEET ALONG THE WEST LINE OF SAID SOUTHEAST QUARTER FOR THE POINT OF BEGINNING; THENCE CONTINUING NO202111811W ALONG SAID WESTERLY LINE, A DISTANCE OF 168.70 FEET; THENCE NORTH 87043141" EAST, A DISTANCE OF 691.29 FEET; THENCE NORTH 02016'19" WEST, A DISTANCE OF 367.17 FEET; THENCE SOUTH 87025'25" WEST, A DISTANCE OF 43.14 FEET; THENCE NORTH 01°35'22" WEST TO A POINT ALONG THE NORTH LINE OF SAID NORTHWEST QUARTER A DISTANCE OF 585.43 FEET; THENCE N88031'25"E ALONG THE NORTHERLY LINE OF SAID NORTHWEST QUARTER, A DISTANCE OF 669.96 FEET TO THE NORTHEAST CORNER OF NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 36; THENCE S02005'36"E ALONG THE EASTERLY LINE OF SAID NORTHWEST QUARTER, A DISTANCE OF 1105.98 FEET TO THE NORTHEAST CORNER OF LOT 10 IN HIGHLANDER DEVELOPMENT THIRD ADDITION AS RECORDED IN PLAT BOOK 44, PAGE 215; THENCE S87025'27"W ALONG THE NORTHERLY LINE OF SAID LOT 10, A DISTANCE OF 398.19 FEET TO THE WESTERLY RIGHT-OF-WAY LINE OF NORTHGATE DRIVE; THENCE S02°16'19"E ALONG SAID WESTERLY RIGHT OF WAY LINE, A DISTANCE OF 433.87 FEET TO A POINT OF CURVATURE; THENCE SOUTHERLY ALONG SAID WESTERLY RIGHT-OF-WAY LINE BEING A CURVE TO THE RIGHT OF THE LAST DESCRIBED COURSE EXTENDED HAVING A RADIUS OF 201.43 FOOT AND AN ARC LENGTH 193.05 FEET TO THE SOUTHEAST CORNER OF LOT 8 OF SAID HIGHLANDER THIRD ADDITION; THENCE N41056'06"W ALONG SAID EASTERLY LINE OF SAID LOT 8, A DISTANCE OF 282.13 FEET; THENCE N62023'16"W ALONG THE NORTHERLY LINE OF SAID LOT 8 AND THE NORTHERLY LINES OF LOTS 5, 6, AND 7 OF HIGHLANDER DEVELOPMENT THIRD ADDITION AS RECORDED IN PLAT BOOK 25, PAGE 52, A DISTANCE OF 757.74 FEET TO THE POINT OF BEGINNING. SAID TRACT OF LAND CONTAINING 25.30 ACRES MORE OR LESS, AND IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. V" The undersigned, acting on behalf of MidwestOne Bank, consents to the subdivision of the above-described property into Highlander Development Fourth Addition Part 1 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 thisQ` d y of March, z6'16. Midwes tive Vice -President STATE OF IOWA ) v )ss: Johnson COUNTY ) I This instrument was acknowledged before me on the �r day of March, 2016, by Kent Jehle, as Executive Vice -President, MidwestOne Bank. l �noT— Nota y u is in and for said State FJUDY Y. RALRINOT OM ` NASSION NU ER 70701 cam• W� MY COMM. EXP. L V Prepared by: Sara Hektoen, City of Iowa City, 410 E. Washington Street, Iowa City, IA 52240; 319-356- 5030 AGREEMENT BETWEEN THE CITY OF IOWA CITY, IOWA AND BILAM PROPERTIES LLC REGARDING CONSTRUCTION OF THE PUBLIC IMPROVEMENTS FOR HIGHLANDER FOURTH ADDITION, PART 1 THIS AGREEMENT, by and between the City of Iowa City (herein called "City") and Bilam Properties, LLC (herein called the "Developer"), is entered into on this 2-31`tday of -Ma(-J- , 2016, in Iowa City, Iowa. WHEREAS, Developer is owner of the Highlander Development, Fourth Addition, Part 1, Iowa City, Iowa, according to the plat thereof, which subdivision includes the extension of Northgate Drive to allow for development of an office park; and WHEREAS, the City applied for and was awarded a RISE Grant to extend Northgate Drive from its current terminus north to the City corporate limits within said subdivision; and WHEREAS, the purpose of the RISE program, as stated in the administrative regulations of such program, is to promote economic development in Iowa through the establishment, construction, improvement, and maintenance of roads and streets; and WHEREAS, the RISE program shall also be administered to encourage economic diversification, new business opportunities, small business development, exporting, import substitution and tourism in Iowa; and WHEREAS, pursuant to the RISE Grant agreement the City has entered into with the Iowa Department of Transportation (IDOT), a majority of the subdivision must be developed for RISE eligible businesses; and WHEREAS, the City has retained the services of an engineering firm to design the public improvements required for this subdivision; and 1 WHEREAS, the Developer acknowledges and agrees that it is benefitted by the construction of Northgate Drive and the public improvements required for the subdivision, is responsible for maintaining the adjacent development, and therefore it is appropriate to enter into an agreement with the City for reimbursement of the cost of constructing the public improvements and on-going RISE obligations. NOW, THEREFORE, it is agreed between the parties hereto that: 1. Project: The City shall design and construct the Public Improvements, as that term is defined in the Subdivider's Agreement entered into between the parties in conjunction with the Highlander, 4th Addition, Part I, Final Plat approval, which shall include those improvements contemplated by the RISE Grant, as well as all other Public Improvements for said subdivision regardless of whether they are eligible for reimbursement pursuant to said RISE Grant. Those public improvements will include the following: water mains, sanitary sewers, storm sewers, drainageways, concrete paving at least 28' in width on Northgate Drive south of Clear Ridge Road and 31' in width north of Clear Ridge Road, and 31' in width for all of Clear Ridge Road, and a temporary turnaround paving for Oakdale Boulevard , as well as 8' wide sidewalks along the east side of Northgate Drive, and 5' in width along the west side of Northgate Drive and both sides of Clear Ridge Road. If for any reason, this agreement is determined null, void or otherwise cancelled or breached by either party hereto, the Developer acknowledges and agrees that it is responsible for construction of the public improvements pursuant to the Subdivider's Agreement. 2. Timeline: The Developer acknowledges that the City must comply with Iowa Code Chapter 26 Public Construction Bidding and Chapter 573 for the bidding and construction of this project. It is anticipated that this project will be constructed in the Spring of 2016. The City will use its best efforts to timely complete this project and keep Developer apprised of the progress toward completion, but makes no guarantee about this timeline. 3. Construction Easement: In consideration for the design and construction of the Project, as detailed above, the Developer does hereby convey to the City a temporary construction easement over all lots within the Highlander Development, 4th Addition, Part 1, for any and all purposes as may be necessary for the City to perform its obligations under this Agreement. This easement shall terminate upon the acceptance of the public improvements by the Iowa City City Council. 4. Payment: Developer shall pay to the City the actual cost of construction, less any money received by the City pursuant to the RISE Grant Agreement with [DOT, as detailed herein. The initial RISE -eligible project cost is anticipated to be $566,054. The Developer acknowledges and agrees, however, that this cost does not include the public improvement costs not eligible for reimbursement pursuant to the RISE Grant and until the project is bid and completed, this amount is subject to change. The City 011 af- makes no representations as to the actual amount the Developer will be responsible for reimbursing the City. The City will not accept the public improvements and issue a building permit for any lot in the subdivision unless and until all payments due pursuant to this Agreement have been paid in full. Any cost overruns shall be paid solely by the Developer. The Developer acknowledges and agrees that project activities or costs eligible for funding include only those items set out in the RISE Grant Agreement, Exhibit B, attached hereto and by this reference incorporated into this agreement, and which are necessary to complete the project as described in Section 3 of the RISE Grant Agreement. Activities or costs not eligible for funding include but are not limited to those items set out in Exhibit C attached thereto and by this reference incorporated into this agreement. Notwithstanding any other provisions of this agreement, if funds anticipated for the continued fulfillment of the RISE Grant Agreement are at any time not forthcoming or insufficient, either through the failure of the State of Iowa to appropriate funds or discontinuance or material alteration of the program for which funds were provided, and the DOT exercises its right to terminate this contract without penalty by giving not less than ninety (90) days written notice, the Developer shall be solely responsible for any and all project costs associated with the Public Improvements incurred by the City, including all design and construction costs without limitation. 5. RISE Grant Obligations: The Developer acknowledges that it has read the attached RISE Grant Agreement and that the City would not undertake this project without the Developer's full cooperation and commitment to comply with the on-going obligations contained in said agreement. Specifically, the Developer acknowledges that the RISE Grant agreement between the City and the IDOT requires construction of 1,010 feet of Northgate Drive and is contingent upon the majority of the area to be developed as RISE eligible, as determined by the [DOT. The Developer shall develop the Highlander, 4th Addition in a manner consistent with the RISE grant. The Developer acknowledges that the improvements constructed in accordance with the RISE Grant shall be maintained or caused to be maintained for the intended public use for 20 years from the completion date in a manner acceptable to the ]DOT. The Developer or its successors in interest shall not interfere with this maintenance obligation in any manner. Failure to comply with this provision may be considered a default of this agreement. Should the Iowa Department of Transportation determine that these terms have been violated and thus seeks reimbursement of any grant funds at any time, Developer shall be responsible for covering this cost in full. If upon audits of contracts, the IDOT 3 tkg— determines the Recipient is overpaid, the City shall reimburse the overpaid amount to the IDOT, and the Developer shall reimburse the overpaid amount to the City. Developer shall be responsible for timely providing any and all documentation as may be necessary to assist the City in its certification obligations set forth in paragraph 40 of the RISE Grant. 6. Indemnification. The Developer agrees to indemnify, defend and hold the City harmless from any action or liability arising out of the design, construction, maintenance, placement of traffic control devices, inspection or use of this Project. 7. Civil Rights- Nondiscrimination. The Developer shall comply with all provisions of the equal employment opportunity requirements prohibiting discrimination and requiring affirmative action to assure equal employment opportunity as required by the Iowa Code Chapter 216 and IAC 160. No person shall be excluded from or denied the benefits of the Developer's service on the basis of age, race, color, religion, creed, national origin, gender identity, sex, marital status, disability, sexual orientation or, with respect to the sale, lease, rental, use or occupancy of real property or housing accommodations, the presence or absence of dependents, familial status or public assistance source of income. 8. Severability, Assignability, Default. If any provision of this Agreement is held invalid, the remainder of the Agreement shall not be affected thereby and all other parts of this Agreement shall nevertheless be in full force and effect. The Developer shall not assign or transfer any interest in this Agreement without the prior written consent of the City. This agreement may be declared to be in default by the City if the IDOT determines that the Developer's project is not RISE eligible or otherwise declares the RISE grant to be of no further force and effect. 9. Waiver. The City's failure to act with respect to a breach by the Developer does not waive its right to act with respect to subsequent or similar breaches. The failure of the City to exercise or enforce any right or provision shall not constitute a waiver of such right or provision. 10. Entire Agreement. This agreement constitutes the entire agreement between the City and the Developer with regard to the Project and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between the City and the Developer with respect to this Agreement. Date: li l A rc. k 23 201 i IN WITNESS WHEREOF, the Parties have executed this contract as of the date first written above. 51 CITY OF IOWA CITY By: James Vrogmorton, May Attest: )% e. Marian K. Kari', City Clerk Terry Sift, Manager STATE OF IOWA ) ) ss: JOHNSON COUNTY ) This instrument was acknowledged before me on )'Yl.Ccrc� 23��2016 by James Throgmorton, Mayor and Marian K. Karr, City Clerk, of the City of Iowa City. STATE OF IOWA ) ) ss: JOHNSON COUNTY keL l,e- m. )4LC- Notary Public in and for the State of Iowa My Commission expires: s°"' KELLIEK.TUTILE • My C issia E�ires ow This instrument was acknowledged before me on ` O 2016 by Terry Sill as Manager of Bilam Properties, L.L.C. MMINAN CaONS Notary Public in and for the State of Iowa �� MComYmlaebn tJtenber�� My Commission expires: �5I1(01 z6f �- M Iowa Department of Transportation Agreement for a Revitalize Iowa's Sound Economy Program (RISE) Project RECIPIENT: City of Iowa City PROJECTNO: RM -3715(661)--9D-52 IOWA DOT AGREEMENT NO,: 2015-R-014 This is an agreement between Iowa City (hereinafter referred to as Recipient) and the Iowa Department of Transportation (hereinafter referred to as the DOT). The Recipient submitted an application to the DOT for funding through the Revitalize Iowa's Sound Economy (RISE) fund under Iowa Code Chapter 315, and the application was approved by Transportation Commission Order No. PPM 201547 on March 20, 2015. Pursuant to the terms of this agreement, and applicable statutes and administrative rules the DOT agrees to provide funding to the Recipient for the authorized and approved costs for eligible items associated with the construction of approximately 1,010 feet of Northgate Drive located on the northeast side of town. In consideration of the foregoing and the mutual promises contained in this agreement, the parties agree as follows: The Recipient shall be the lead organization for carrying out the provisions of this agreement. 2. All notices required under this agreement shall be made in writing to the DOTS and/or the Recipient's contact person. The DOTS contact person shall be Jennifer Kolacia, Office of Systems Planning, 800 Lincoln Way, Ames, Iowa 50010,515-239-1738, email Jennifer.Kolacia@dot.iowa.gov. The Recipient's contact person shall be Kent Ralston, City of Iowa City, 410 East Washington Street, Iowa City, IA 52240, kent-ralston@iowa- city.org. 3. The Recipient shall be responsible for the development and completion of the following described project: Construction of approximately 1,010 feet ofNorthgete Drive located on the northeast side of town. The associated economic development is contingent upon the majority of the area to be developed as RISE eligible. See Exhibit A. 4. Eligible project costs for the project described in Section 3 of this agreement, listed above, which are incurred after the effective date of this agreement shall be paid as follows: City RISE Funds (Grant): $283,027 City Local Contribution: $283,027 Project Total: $566,054 5. The local contribution stated above may include cash or non-cash contributions to the project. The Recipient shall certify to the DOT the value of any non-cash contribution to the project prior to it being incurred. For right of way contributions, the recipient shall submit an appraisal from a qualified independent appraiser. The DOT reserves the right to review the Recipient's certificate of value and has sole authority to determine the value of the Recipienfs non-cash contribution for the purposes of this agreement. If, as a result of the DOT's determination, the Recipients total cash and non-cash contribution is below that slated in the terms of this agreement, the Recipient shall increase its cash contribution in order to complete the Recipient's local contribution, or the grant and/or loan amount associated with this project shall be reduced accordingly. 6. The portion oftotal project costs paid by RISE grant shall not exceed the amount stated above $283,027 or 50 percent of the total cost of the eligible items, whichever is the smaller amount. Any cost overruns shall be paid solely by the applicant. 7. Project activities or costs eligible for funding include only those items set out in Exhibit B which is attached hereto and by this reference incorporated into this agreement, and which are necessary to complete the project as described in Section 3. 8. Activities or costs ineligible for funding include but are not limited to those items set out in Exhibit C which is attached hereto and by this reference incorporated into this agreement. 9. Notwithstanding any other provisions of this contract, if funds anticipated for the continued fulfillment of this contract are at any time not forthcoming or insufficient, either through the failure of the State of Iowa to appropriate funds or discontinuance or material alteration of the program for which funds were provided, the DOT shall have the right to terminate this contract without penalty by giving not less than ninety (90) days written notice. 10. The DOT reserves the right to delay reimbursement of funds to the Recipient if necessary to maintain a positive cash flow. If such a delay is necessary and lasts more than five working days, the DOT shall so notify the Recipient in writing and shall give the Recipient an estimate of when reimbursement might be expected. The DOT shall establish a system to equitably make reimbursements to all Recipients co affected. 11. The attached project implementation schedule, Exhibit D, shall be used unless the Recipient submits to the DOT, no later than 30 days subsequent to the Recipient's signature date on this agreement, a revised implementation schedule. 12. The Recipient must have let the contract or construction started within three years of the date this project is approved by DOT. If the Recipient does not do this, they will be in default for which the DOT can revoke funding commitments. This agreement may be extended for periods up to six months upon receipt of a written request from the Recipient at least sixty (60) days prior to the deadline. 13. If any part of this agreement is found to be void and unenforceable, the remaining provisions of this agreement shall remain in effect 14. It is the intent of both parties that no third party beneficiaries be created by this agreement. 15. This agreement shall be executed and delivered in two or more copies, each of which so executed and delivered shall be deemed to be an original and shall constitute but one and the same instrument. 16. This agreement is not assignable without the prior written consent of the DOT. 17. If the project described in Section 3 of this agreement crosses a DOT primary road, then: A. The Recipient shall convey title to the State of Iowa, by quit claim deed, to any right of way necessary for the primary road crossing, all at no cost to the DOT. However, the DOT shall prepare detailed legal descriptions and plats. The general configuration of the right of way to be conveyed shall be agreed to by the Recipient and the DOT prior to the survey. B. The Recipient shall submit six copies of plans for all primary road system crossings to the DOT contact person for review and approval by the District Offices for necessary permits, Offices of Road Design and Maintenance with regard to crossing design and location, signing, fencing, safety, maintenance, compliance with access control policy, etc. Said approval shall be obtained before the Recipient proceeds with the construction of any primary road system crossing. C. The use of primary highway right of way for this projects' purpose shall be subject to any rights enjoyed by any existing utility lines presently within the right of way. If excavation of a utility line over which this project has been placed is necessary for any reason, the utility shall be responsible for proper backfilling of said excavation to ground level. The Recipient shall be responsible for any necessary resurfacing or restoration. D. The use of primary highway right of way for this projects' purposes shall be subject to any future plans for reconstruction, improvement, maintenance, and/or relocation of the highway by the DOT. Any relocation of this project necessary M because of said plans shall be at the expense of the Recipient, all at no cost to the DOT. 18. The Recipient shall acquire the project right of way, whether by lease, easement or fee title and shall provide relocation assistance benefits and payments in accordance with the procedures set forth in the DOT's Right of Way manual. The Recipient shall contact the DOT for assistance, as necessary, to ensure compliance with the required procedures, even if no federal funds in the right of way purchase are involved. The Recipient will need to get environmental concurrence before acquiring any needed right of way. With prior approval, hardship and protective buying is possible. If the Recipient requests Federal -aid participation for right of way acquisition, the Recipient will need to get environmental concurrence and Federal Highway Administration (FHWA) authorization before purchasing any needed right of way. 19. The Recipient shall comply with the Policy for Accommodating Utilities on City and County Federal -aid Highways Right of Way and the Policy for Accommodating Utilities on Primary Road system when on the DOTS right of way. Certain utility relocation, alteration, adjustment, or removal costs to the Recipient for the project maybe eligible for Federal -aid reimbursement in accordance with the FHWA rules applicable to the type of utility involved and Iowa Code Chapter 306A. 20. The Recipient shall be responsible for obtaining any permits, such as the Right to Occupy and/or Perform Work Within the Right of Way, Permit of Access, Utility Accommodation, Right to Install and Maintain Traffic Control Devices, and/or other construction permits required for the project prior to the start of construction. In addition, the Recipient shall certify to the DOT's contact person that all known required environmental permits have been received and that all environmental regulations have been complied with before funds are reimbursed or credited. Neither the approval of the project application for funding nor the signing of this agreement shell be construed as approval of any required permit from DOT. 21. Traffic control devices, signing, or pavement markings installed within the limits of this project shall conform to the "Manual on Uniform Traffic Control Devices for Streets and Highways" per 761 Iowa Administrative Code Chapter (IAC) 130. The safety of the general public shall be assured through the use of proper protective measures and devices such as fences, barricades, signs, flood lighting, and warning lights as necessary. 22. In the event that right of way is required for the project, said right of way will be acquired in accordance with 761 IAC Chapter 111, Real Property Acquisition and Relocation Assistance, and the Federal Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended 23. The project plans, specifications and cost estimate shall be prepared and certified by a professional engineer, architect and or landscape architect (whichever applies), licensed AT to practice in the State of Iowa. The Recipient shall submit the plans, specifications and other agreement documents to the DOT for review. This submittal may be in divisions and in the order of preference as determined by the Recipient. However, the plans, specifications and other agreement documents for each division must be submitted at least thirty (30) days prior to the project letting of each division. The DOT shall review said submittal(s) recognizing the Recipient's development schedule and shall, after satisfactory review, authorize in writing the Recipient to proceed with implementation of the project. The work on this project shall be in accordance with the survey, plans, and specifications on file. Any modification of these plans and specifications must be approved by the DOT prior to the modification being put into effect. 24. The Recipient shall be responsible for the daily inspection of the project. For projects let to contract, the Recipient shall compile a daily log of materials and quantities. For projects constructed with local forces, the Recipient shall compile a daily log of materials, equipment and labor on the project. The DOT reserves the right to inspect project activities and to audit claims for funding reimbursement. The purpose of the inspection or audit is to determine substantial compliance with the terms of this agreement. 25. The Recipient shall maintain all books, documents, papers, accounting records, reports and other evidence pertaining to costs incurred for the project The Recipient shall also make such materials available at all reasonable times during the construction period and for three years from the date of final reimbursement, for inspection by the DOT, FHWA, or any authorized representatives of the Federal government Copies of said materials shall be famished by the Recipient if requested. 26. The Recipient may submit to the DOT periodic itemized claims for reimbursement for eligible project costs. Reimbursement claims shall include certification that all eligible project costs, for which reimbursement is requested, have been completed in substantial compliance with the terms of this agreement. 27. The DOT shall reimburse the Recipient for properly documented and certified claims for eligible project activity costs less a retainage of not more than ten percent, either by state warrant, or by crediting other accounts from which payment may have been made initially. If, upon audits of contracts, the DOT determines the Recipient is overpaid, the Recipient shall reimburse the overpaid amount to the DOT. 28. Upon completion of the project described in this agreement, a professional engineer, architect and or landscape architect (whichever applies), licensed to practice in the State of Iowa, shall certify in writing to the DOT that the project activities were completed in substantial compliance with the plans and specifications set out in this agreement. In addition, prior to final reimbursement for the project the Recipient shall furnish three sets of "as -built" plans of the project to the DOT. 1K Final reimbursement of funds, including retainage, shall be made only after the DOT accepts the project as complete. 29. If, in the opinion of the Recipient, the specific provisions of this agreement requiring the services of a professional engineer, architect and or landscape architect (whichever applies), licensed to practice in the State of Iowa, prove to be burdensome to the Recipient or otherwise not in the public interest, and if the Recipient decides that the provisions of this agreement can be otherwise complied with without endangering public safety, the Recipient may request that said provisions be waived on all or specific parts of the project identified by the Recipient. Such request shall be made in writing to the DOT's contact person who shall, after consultation with other DOT staff, as necessary, make the final determination concerning said waiver. If said waiver is granted, all provisions of this agreement requiring the services of a professional engineer, architect and or landscape architect (whichever applies), licensed to practice in the State of Iowa, shall be performed by the Recipient's contact person or designee. 30. The Recipient agrees to indemnify, defend and hold the DOT harmless from any action or liability arising out of the design, construction, maintenance, placement of traffic control devices, inspection or use of this project. This agreement to indemnify, defend and hold harmless applies to all aspects of the DOT's application review and approval process, plan and construction reviews and funding participation. 31. This agreement maybe declared to be in default by the DOT if the DOT determines that the Recipients application for funding contained inaccuracies, omissions, errors or misrepresentations; or if the DOT determines that the project is not developed as described in the application. 32. If the Recipient fails to perform any obligation under this agreement, the DOT shall have the right, after first giving thirty (30) days written notice to the Recipient by certified mail return receipt requested, to declare any part or all of this agreement in default. The Recipient shall have thirty (30) days from date of mailing of the notice to cure the default. If the Recipient cures the default, the Recipient shall notify DOT no later than five (5) days after cure or before the end of said thirty (30) day period given to cure the default. Within ten (10) working days of receipt of Recipient's notice of cure, the DOT shall issue either a notice of acceptance of cure or a notice of continued default. 33. In the event a default is not cured the DOT may revoke finding commitments and/or seek repayment of funds loaned or granted by this agreement. By signing this agreement the Recipient agrees to repay said funding if they are found to be in default. Repayment methods must be approved by the DOT Commission and may include cash repayment, installment repayments with negotiable interest rates, charges against the Recipient's share of road use tax funds, or other methods as approved by the Commission. 34. In ease of dispute concerning the terms of this agreement, the parties shall submit the matter to arbitration pursuant to Iowa Code Chapter 679A. Either party has the right to submit the matter to arbitration after ten (10) days notice to the other party of their intent qq- to seek arbitration. The written notice must include a precise statement of the disputed question. DOT and the Recipient agree to be bound by the decision of the appointed arbitrator. Neither party may seek any remedy with the state or federal courts absent exhaustion of the provisions of this section for arbitration. 35. The Recipient shall maintain, or cause to be maintained for the intended public use, the improvement for twenty (20) years from the completion date in a manner acceptable to the DOT. Failure to comply with this provision maybe considered a default of this agreement. 36. The Recipient shall comply with all provisions of the equal employment opportunity requirements prohibiting discrimination and requiring affirmative action to assure equal employment opportunity as required by the Iowa Code Chapter 216 and IAC 160. No person shall, on the grounds of age, race, creed, sex, color, national origin, religion, or disability, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the Recipient receives state funds from the DOT. 37. The Recipient shall use positive efforts to solicit bids from and to utilize Targeted Small Business (TSB) enterprises as contractors and ensure that the contractors make positive efforts to utilize these enterprises as subcontractors, suppliers or participants in the work covered by this agreement. Efforts shall be made and documented in accordance with Exhibit E which is attached hereto and by this reference incorporated into this agreement. 38. The Recipient shall conduct the project development and implementation in compliance with applicable laws, ordinances and administrative rules. For portions of the project let to bid, the Recipient shall advertise for bidders, make a good faith effort to get at least three bidders and hold a public letting for the project work. Prior to awarding the contract, the Recipient shall provide the DOT file copies of project letting documents within five (5) working days after the letting. The Recipient must wait for DOT concurrence before making the final award. 39. The Recipient shall include in their Notice to Bidders that Sales Tax Exemption Certificates will be issued, as provided for by Iowa Code section 423.3, subsection 80. The Recipient shall be responsible for obtaining the sales tax exemption certificates through the Iowa Department of Revenue and Finance. The Recipient shall issue these certificates to the successful bidder and any subcontractors to enable them to purchase qualifying materials for the project free of sales tax. 40. The Recipient shall notify the DOT's contact person within 30 days of the date the RISE project was constructed and open to traffic. The Recipient shall certify to the DOT's contact person within three years of the date the RISE project is constructed and open to traffic any associated economic development which has resulted from the project, including infrastructure improvements, capital investment, and/or job creation. This certification by the Recipient is subject to review by the DOT. 0- The Recipient shall also provide certification documentation to the DOT's contact person within three years of the date the RISE project is constructed and open to traffic that the majority of the area that was developed is RISE eligible The Recipient will certify that the developed area has been maintained as a RISE eligible development and that the said development meets RISE eligibility requirements. This certification by the Recipient is subject to audit by the DOT and the DOT has sole authority to determine whether the associated economic development has been accomplished. If majority of the developed area is not RISE eligible then the Recipient shall pay back an amount determined by the DOT up to the full repayment of the RISE award. The DOT shall monitor the progress of the associated economic development following the construction of the RISE project. Failure to certify the associated economic development shall be considered a default under this agreement. 41. This agreement as set forth in sections 1 through 41 herein, including referenced exhibits, constitutes the entire agreement between the DOT and the Recipient concerning this project. Representations made before the signing of this agreement are not binding, and neither party has relied upon conflicting representations in entering into this agreement. Any change or alteration to the terms of this agreement must be made in the form of an addendum to this agreement. Said addendum shall become effective only upon written approval of the DOT and Recipient. 00- IN WITNESS WHEREOF, each of the parties hereto has executed Agreement No. 2015-R-014 as of the date shown opposite its signature below. RECIPIENT: Iowa City Cityy By: wJ�''pao Date �— Ti � N/1A.ar CERTIFICATION: I,� rte , r e . 6fr r , certify that I am the Clerk of the city, and that (Nme of City Clak) %/lo n r4T /hit r/ku 5 who signed said Agreement for and on behalf of (Name of aAbove) the city was duly authorized to ex6cute the same by virtue of a formal resolution duly passed and adopted by the city, on the. day of(g Ul a u . %015 . (Ileso. I; -I Signed:? City Clerk of Iowa City, Iowa. Planning, Programming and Modal Division 800 Lincoln Way, Ames, Iowa 50010 By: 4 �' Date 7 20lr j8wr kley e of Systems Planning e Exhibit A t�r Exhibit B Project activities or costs eligible for RISE funding include only the following: a. Roadway resurfacing, rehabilitation, modernization, upgrading, reconstruction or initial construction, including grading and drainage, paving, erosion control, pavement overlays and shoulder widening and stabilization. b. Bridge and culvert repair, modernization, replacement or initial construction. c. Roadway intersection and interchange improvements including warranted traffic signalization when it is integral to the improvement. d. Right of way purchase. e. Construction or improvement of motorist rest areas, welcome centers and information centers. £ Design engineering costs and construction inspection costs associated with RISE - financed projects. g. County and City bond principal and interest payments associated with RISE projects. No financing expenses incurred prior to fimding commitment shall be eligible. h. Storm drainage and storm sewer costs to the extent needed for draining the roadway. Exhibit C Activities or costs ineligible for RISE funding include but are not limited to the following: a. Any and all costs incurred prior to a funding commitment by the Transportation Commission except advance right of way costs to protect or preserve a project corridor. (1) If there is an extreme urgency involving right of way acquisition, a potential applicant may formally request from the department a written waiver which, if granted, will permit the applicant to acquire the right of way immediately without jeopardizing the eligibility of the acquisition costs for future RISE funding. Granting of the waiver shall not imply or guarantee that a subsequent application which includes the acquisition costs will be funded. The request for the advance eligibility must include justification regarding the urgency of the acquisition, a description of the land to be acquired, and a map showing its location. (2) The advance eligibility waiver must be requested and approved prior to the applicant's acquisition of the land in question, and the RISE application which included the acquisition costs mast be received by the DOT within two years following the granting of the waiver, or the waiver is not valid. b. Routine roadway, bridge and culvert maintenance, including pothole filling, crack sealing, seal coating, patching, shoulder maintenance, gravel or earth roadway maintenance, and bridge painting. C. Winter roadway and bridge maintenance, including snow plowing, sanding and salting. d. Overhead and operating costs associated with eligible project activities, including auditing. e. Expenses associated with the preparation and submission of applications for RISE funding. E Pre -design engineering expenses. g. Traffic signalization, except as an integral part of a roadway project. h. Pavement marking and traffic signs, except as an integral part of a roadway project. i. Electric, water, natural gas, telephone and other utility construction, reconstruction or adjustment except when utilities located on private property are replaced or relocated for project construction. j. Safety appurtenances, except as an integral part of a roadway project. M k. Lighting, except as an integral part of a roadway project. 1. Lighting energy and maintenance costs. M. Sidewalks, bicycle paths and railroad -highway crossings, except when replacing those facilities in service and affected by the project, or as an integral part of a roadway project. n. Parldng expenditures, including those for structure, lots, meters and marking. o. Non -roadway transportation expenditures, including those for railway, aviation, public transportation and inland waterway facilities and equipment. P. Purchase of furnishings, construction equipment and personal property. q. General government expenses and expenses associated with the provision of any public service which are not eligible for RISE program assistance. r. Sanitary sewers. S. water mains. t. Donated right of way. M Exhibit D Commission Approval Date: March 10, 2015 Construction: June 2015 Project Closeout: November 2015 e Exhibit E CONTRACT PROVISION Targeted Small Business (TSB) Affirmative Action Responsibilities on Non -Federal Aid Projects (Third -Parry State -Assisted Projects) March 2014 March 2014 CONTRACT PROVISION Targeted Small Business (TSB) Affirmative Action Responsibilities on Non-Fedem"id Projects (Third -party State -Assisted Projects) 1. TSB DEFINITION ATSB is a smell business, as defined by Iowa Code Section 15.102(7), which Is 510/6 or more owned, operated and actively managed by one or more women, minority persons or persons with a disability. Generally this is a for-profit small business enterprise under single management, is located in Iowa and has an annual gross Income of less than 4 million dollars computed as an average of the three preceding fiscal years. 2. TSB REQUIREMENTS In all State -assisted projects made available through the Iowa Department of Transportation, local governments have certain affirmative action requirements to encourage and Increase participation of disadvantaged individuals in business enterprises. These requirements are based on Iowa Code Section 198.7 and 541 Iowa Administrative Code Chapter 4. These requirements supersede all existing TSB regulations, orders, circulars and administrative requirements. 3. TSB DIRECTORY INFORMATION Available from: Iowa Department of Inspections and Appeals Targeted Small Business Lucas Building Des Moines, IA 50319 Phone: 515-281-7102 Website: httc:i/dia.lowa.gov/oage7.htmi 4. THE CONTRACTOR'S TSB POLICY The contractor is expected to promote participation of disadvantaged business enterprises as suppliers, manufactures and subcontractors through a continuous, positive, result-orlented program. Therefore the contractor's TSB policy shall be: It Is the policy of this firm that Targeted Small Business (TSB) concerns shall have the maximum practical opportunity to participate In contracts funded with State -assisted funds which are administered by this fine (e.g. suppliers, manufactures and suboontrectors). The purpose of our policy is to encourage and Increase the TSB participation in contracting opportunities made available by State -assisted programs. 5. CONTRACTOR SHALL APPOINT AN EQUAL EMPLOYMENT OPPORTUNITY (EEO) OFFICER The contractor shall designate a responsible person to serve as TSB officer to fulfill the contractors affirmative action responsibilities. This person shall have the necessary statistics, funding, authority and responsibility to carry out and enforce the fir's EEO policy. The EEO officer shall be responsible for developing, managing and implementing the program on a day-to-day basis. The officer shall also: A. For current TSB information, contact the Iowa Department of Inspections and Appeals (516-281-7102) to Identify potential material suppliers, manufactures and contractors. B. Make every reasonable effort to involve TSBs by soliciting quotations from them and incorporating them Into the fir's bid. C. Make every reasonable effort to establish systematic written and verbal contact with those TSBs having the materials or expertise to perform the work to be subcontracted, at least two weeks prior to the time quotations are to be submitted. Maintain complete records of negotiation efforts. D. Provide or arrange for assistance to TSBs in seeking bonding, analyzing planstspecifications or other actions that can be viewed as technical assistance. Page 1 IN TSB Affirmative Action Responsibilities E. Ensure the scheduled progress payments are made to TSBs as agreed in subcontract agreements. Require all subcontractors and material suppliers to comply with all contract equal opportunity and affirmative action provisions. 6. COUNTING TSBs PARTICIPATION ON A PROJECT TSBs are to assume actual and contractual responsibilities for provision of materials/supplies, subcontracted work or other commercially useful function. A. The bidder may count: (1) Planned expenditures for materials/supplies to be obtained from TSB suppliers and manufacturers; or (2) Work to be subcontracted to a TSB; or (3) Any other commercially useful function. B. The contractor may count (1) 100% of an expenditure to a TSB manufacturer that produces/supplies goods manufactured from raw materials. (2) 60% of an expenditure to TSB suppliers that are not manufacturers; provided the suppliers perform a commercially useful function In the supply process. (3) Only those expenditures to TSBs that perform a commercially useful function in the work of a contract, including those as a subcontractor. (4) Work the Contracting Authority has determined that It Involves a commercially useful function. The TSB must have a necessary and useful role in the transaction of a kind for which there Is a market outside the context of the TSB program. For example, leasing equipment or purchasing materials from the prime contractor would not count REQUIRED DATA, DOCUMENTS AND CONTRACT AWARD PROCEDURES FROM BIDDERS/CONTRACTORS FOR PROJECTS WITH ASSIGNED GOALS A. Bidders Bidders who fail to demonstrate reasonable positive efforts may be declared ineligible to be awarded the contract Bidders shall complete the bidding documents plus a separate form called 'TSB Pre -Bid Contact Information'. This form includes: (1) Name(s) of the TSB(s) contacted regarding subcontractable items. (2) Date of the contract (3) Whether or not a TSB bid/quotation was received. (4) Whether or not the TSB's bid/quotation was used. (5) The dollar amount proposed to be subcontracted. B. Contractors Using Quotes From TSBs Use those TSBs whose quotes are listed in the "Quotation Used in Bid° column along with a °yes" indicated on the Pre-bid Contact Information form. Page 2 V27 TSB Affirmative Action Responsibilities C. Contractors NOT Using Quotes From TSBs If there are no TSBs listed on the Pre-bid Contract Information form, then the contractor shall document all efforts made to include TSB participation in this project by documenting the following: (1) What pre -solicitation or pre-bid meetings scheduled by the contracting authority were attended? (2) Which general news circulation, trade associations andfor minority -focused media were advertised concerning the subcontracting opportunities? (3) Were written notices sent to TSBs that TS13s were being solicited and was sufficient time allowed for the TSBs to participate effectively? (4) Were initial solicitations of interested TSBs followed up? (5) Were TSBs provided with adequate information about the plans, specifications and requirements of the contract? (8) Were interested TSBs negotiated with in good faith? If a TSB was rejected as unqualified, was the decision based on an investigation of their capabilities? (7) Were interested TSBs assisted in obtaining bonding, lines of credit or insurance required by the contractor? (B) Were services used of minority community organization, minority contractors groups; local, State and Federal minority business assistance offices or any other organization providing such assistance. The above documentation shall remain in the contractors files for a period of three (3) years after the completion of the project and be available for examination by the Iowa Department of Inspections and Appeals. 8. POSITIVE EFFORT DOCUMENTATION WHEN NO GOALS ARE ASSIGNED Contractors are also required to make positive efforts in utilizing TSBs on all State -assisted projects which are not assigned goals. Form "TSB Pre-bid Contact Information" is required to be submitted with bids on all projects. if there is no TSB participation, then the contractor shall comply with section 7C. of this document prior to the contract award. Page 3 1�ly Form 730007WP 7-97 Contractor Project# County City TARGETED SMALL BUSINESS (TSB) PRE-BID CONTACT INFORMATION (To Be Completed By All Bidders Per The Current Contract Provision) Page# In order for your bid to be considered responsive, you are required to provide information on this form showing your Targeted Small Business contacts made with your bid submission. This information is subject to verification and confirmation. In the event it is determined that the Targeted Small Business goals are not met, then before awarding the contract, the Contracting Authority will make a determination as to whether or not the apparent successful low bidder made good faith efforts to meet the goals. NOTE: Every effort shall be made to solicit quotes or bids on as many subcontractable items as necessary to achieve the established goals, If a TSB's quote is used in the bid, it is assumed that the firth listed will be used as a subcontractor. TABLE OF INFORMATION SHOWING BIDDERS PRE-BID TARGETED SMALL BUSINESS(TSB)CONTACTS SUBCONTRACTOR TSB DATES CONTACTED QUOTES RECEIVED QUOTATION USED IN BID YE51 NO DATES CONTACTED YES! NO DOLLAR AMT. PROPOSED TO BE SUBCONTRACTED Total dollar amount proposed to be subcontracted to TSB on this project S List items by name to be subcontracted: Page 4 H April 2012 UTILIZATION OF TARGETED SMALL BUSINESS (TSB) ENTERPRISES ON NON-FEDERAL AID PROJECTS (THIRD -PARTY STATE -ASSISTED PROJECTS -LET LOCALLY) in accordance with Iowa Code Section 198.7 and 541 Iowa Administrative Code (IAC) Chapter 4, it is the policy of the Iowa Department of Transportation (Iowa DOT) that Targeted Small Business (TSB) enterprises shall have the merdmum practicable opportunity to participate in the performance of contracts financed in whole or part with State funds. Under this policy, and for locally let projects, the Recipient shall be responsible to make a positive effort to solicit bids or proposals from TSB firms and to utilize TSB firms as contractors or consultants. The Recipient shall also ensure that the contractors or consultants make positive efforts to utilize TSB fines as subcontractors, subconsuhants, suppliers, or participants in the work covered by this agreement. The Recipients positive efforts° shall include, but not be limited to: 1. Obtaining the names of qualified TSB fines from the Iowa Department of Inspections and Appeals (515-281-7102) or from Its websfte at: hHo:1/dia.icwa.00v/3ane7.html. 2. Notifying qualified TSB firms of proposed projects involving State funding. Notification should be made In sufficient time to allow the TSB firms to participate effectively in the bidding or request for proposal (RFP) process. 3. Soliciting bids or proposals from qualified TSB firms on each project, and Identifying for TSB firms the availability of subcontract work. 4. Considering establishment of a percentage goal for TSB participation in each contract that is a part of this project and for which State funds will be used. Contract goals may vary depending on the type of project, the subcontracting opportunities available, the type of service or supplies needed for the project, and the availability of qualified TSB firms In the area. 5. For construction contracts: a) Including In the bid proposals a contract provision tided'TSB Affirmative Action Responsibilities on Non - Federal Aid Projects (Third -Party State -Assisted Projects)' or a similar document developed by the Recipient. This contract provision is available onaine at: http./hnww.dotstate.la.usflocal systems/pubrications/tsb contract_provision.pdf b) Ensuring that the awarded contractor has and shall follow the contract provisions. 6. For consultant contracts: a) Identifying the TSB goal in the Request for Proposal (RFP), if one has been set. b) Ensuring that the selected consultant made a positive effort to meet the established TSB goal, if any. This should Include obtaining documentation from the consultant that includes a list of TSB firms contacted; a list of TSB firms that responded with a subcontract proposal; and, If the consultant does not propose to use a TSB firm that submitted a subcontract proposal, an explanation why such a TSB firm will not be used. The Recipient shall provide the Iowa DOT the following documentation: 1. Copies of correspondence and replies, and written notes of personal and/or telephone contacts with any TSB firer;. Such documentation can be used to demonstrate the Recipients positive efforts and it should be placed in the general project file. 2. Bidding proposals or RFPs noting established TSB goals, if any. 3. The attached °Checidist and Certification." This form shall be filled out upon completion of each project let by the Recipient and forwarded to: Iowa Department of Transportation, Civil Rights Coordinator, Office of Employee Services, 800 Lincoln Way, Ames, IA 50010. Page 5 I.Ary April 2012 CHECKLIST AND CERTIFICATION For the Utilization of Targeted Small Businesses (TSB) On Non-Faderelaid Projects (Third -Party State -Assisted Projects -Locally Let) Recipient: Project Number: County: Agreement Number. 1. Were the names of qualified TSB firms obtained from the Iowa Department of Inspections and Appeals? D YES 0 NO If no, 2. Were qualified TSB firs notified of project? DYES ❑ NO If yes, by ❑ letter, ❑ telephone, ❑ personal contact, or a other (specify) If no, explain 3. Were bids or proposals solicited from qualified TSB firms? ❑ YES D NO If no, 4. Was a goal or percentage established for TSB participation? DYES ONO If yes, what was the goal or percentage? If no, explain why not: 5. Did the prime contractor or consultant use positive efforts to utilize TSB firs on subcontracts? o YES ❑ NO If no, what action was taken by Recipient? Is documentation in files? DYES D NO 6. What was the dollar amount reimbursed to the Recipient from the Iowa Department of Transportation? $ What was the final project cost? $ What was the dollar amount performed by TSB firs? $ Name(s) and address(es) of the TSB fir(s) (Use additional sheets if necessary) Was the goal or percentage achieved? D YES n NO If no, explain As the duly authorized representative of the Recipient, I hereby certify that the Recipient used positive efforts to utilize TSB firms as partidpants in the State -assisted contracts associated with this project. Signature Date Page 6 P_ Iowa Department of Transportatkrn Office of Systems Planning Planning, Programming and Modal Division 800 Uncoln Way, Ames, IA 50010 SUBMITTALS REQUIRED ON LOCALLY LET STATE -AIDED RISE/SRT PROJECTS ❑ Except where indicated otherwise below, submittals should be sent to the address shown above or via email or TPMS, if applicable. If a consultant will be providing design and/or construction phase services on your behalf, you need to provide the project engineer with a copy of the agreement and this notice and determine who will make the required submittals. ❑ As of the Transportation Commission Meeting date, you have the authority to start Incurring costs for reimbursement. Note: grant funding cannot be disbursed until a fully executed agreement is on file. ❑ An agreement will be sent to you either electronically or hard copy. Execute two original agreements and mail both to our office to fully execute. One original will be mailed to you for your records. (In prior agreed to circumstances, the agreement submission may be delayed.) ❑ The RISEISRT program is a cost -reimbursement program. This means that you will need to carry funds until disbursements are made. To request reimbursement, submit an original signed Claim Form 240011 along with copies of all Invoices; copies of cancelled checks and all other supporting documentation (see instructions on Claim Form). The form is available at: httpJ/www.iamdot.govifonn$Andox.htm. ❑ Submit one set of proposed bidding documents (this incudes check plans submitted on 11x17 sheets, bidding proposal, DOT or Local specifications, special provisions, and any other standard contract requirements) for review (or digital plans). The bid package shall Include the Targeted Small Business (TSB) Contract Provislons unless the contracting authority has developed their own comparable provisions. Any modification of these plans and specifications must be approved by the DOT prior to the modification being put into effect. ❑ Include a detailed post estimate and indicate the anticipated letting date. Refer to the project agreement regarding when the submittal is to be made. Review Limo for bidding documents is a minimum of 30 calendar devs. ❑ For Prolects Including Sidewalks. ADA compliance Is required. S sheets contain sidewalk plan sheets and tabulations that show detailed information for sidewalk layouts that must comply with ADA laws. For more Information, see Iowa DDT Design Manual section 1F-18. The S sheets contain the following items in the order listed: 1. Sidewalk Sheet Legend and Symbol Information Sheet. 2. Plan Sheets for Sidewalk Layouts. 3. Tabulation of Sidewalk. SODAS and Iowa DOT jointly developed this section based on the July 26, 2011 'Proposed Accessibility Guidelines for Pedestrian Facilities in the Public Right -of -Way.' This section was developed in accordance with Federal regulations (23 CFR 652 and 28 CFR 35) and is the standard for use by all governmental entities In the State of Iowa. A local jurisdiction may elect to produce their own standards; however, these will require review and approval by FHWA and/or the United States Department of JusOce. Where sidewalks are provided, they must be constructed so they are accessible to all potential users, including those with disabilities. If an existing pedestrian path is within the project limits, the contract documents must address how or if pedestrian access will be provided. The pedestrian paths may remain open, may be closed or may be detoured. Remain Open: No special accommodations need to be made. Sometimes a statement is included In the contract documents stating the pedestrian path(s) are to remain open during construction. Closed: Type II barricades meeting the requirements of NCHRP Report 350 must be installed that extends the full width of the closed pedestrian path. The top rail of the barricade is to be 36 to 42 inches above the pedestrian path surface. The top call of the barricade Is parallel to the bottom rail and situated to allow "i,y pedestrians to use the rail as a guide for their hands. The toe rail on the barricades must have minimum sight distance restrictions for road users. Per Section 2528.01A(10) of the Standard Specifications, the contractor must provide 10 calendar days advance notification of a pedestrian path closure to the Iowa Department of the Blind, curtis.chong@blind state.ie.us and mork.edge@blind.state.la.us; the National Federation of the Blind of Iowa, nibiowa@gwestoffice.net; and the Construction Monitoring Engineer. Detoured: When crosswalks or other pedestrian facilities are closed or relocated, temporary facilities shall be detectable and shall include accessibility features consistent with the features present In the existing tpedestrian he 2009 MUTCD at http:l muted.fhwa.do govvipdfs/2009ure 6 uted20o9editi n.1-11.28 Sidewalk pdfrpaDiversion 9 A-28) in ❑ After addressing all review concerns/comments, submits set of the final bidding documents and request DOT approval to let the project a) If the project Involves through traffic lanes on a primary route: proposed extra work orders are to be submitted for review and concurrence prior to approval; working day reports are to be submitted; and materials inspection submittals are to be made to the District Materials Engineer at the DOT District Office for your area, in accordance with applicable Material's Instructional Memorandums. b) If the project Involves a new or revised interchange access, refer to the DOT, Offx:e of Systems Planning, planning guide for further assistance and work with the appropriate District Engineering Office. The link to the Interchange Justification process is: c) if the project involves any roadway improvements to a primary route, current DOT specifications and bid items are to be used for all work that pertains to the primary route. Also, one set of proposed bidding documents needs to be provided to the appropriate District Engineering Operations Technician along with a request for a permit The permit needs to be obtained prior to project letting. If the project affects a primary route, refer to the project agreement and fulfill all obligations regarding right of way activities (if a consultant will be performing the services, ensure they make the required submittals). ❑ Submit any addendums that are issued to bidders prior to the letting. ❑ DOT recommends, the recipient request a pre-bid meeting and reiterate the importance of completing the TSB documentation correctly. Assist the bidders in locating the up-to-date TSB directory provided by the Department of Inspections and Appeals. Additional guidance is included In the Contact Provisions as part of the RISEISRT agreement Submit a copy of the pre-bld meeting minutes. The Recipient shall use positive efforts to solicit bids from and to utilize Targeted Small Business (TSB) enterprises as contractors and ensure that the contractors make positive efforts to utif e these enterprises as subcontractors, suppfrem or participants In the work covered by this agreement. Efforts shall be made and documented in accordance with Exhibit E In the agreement ❑ Conduct the letting. The Recipient shall conduct the project development and implementation in compliance with applicable laws, ordinances and administrative rules. For portions of the project let to bid, the Recipient shall advertise for bidders, make a good faith effort to get at least three bidders and hold a public letting for the project work Prior to awarding the contract, the Recipient shall provide the DOT file copies of project letting documents within five (5) working days after the letting. The Reciolent must wait for DOT concurrence before making the final award. ra Iowa DOT concurrence to award the contract. Also Include In the request for concurrence: as neeeea ngni or way has already been obtained or that physical possession will occur prior to the letting. a) The Recipient shall acquire the project right of way, whether by lease, easement or fee title and shall provide relocation assistance benefits and payments in accordance with the procedures set forth In the DOT's Right of Way manual. The right of way will be acquired in accordance with 761 IAC Chapter 111, Real Property Acquisition and Relocation Assistance, and the Federal Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended. The DOT office of Right of Way can assist If of additional guidance is needed. Their phone number Is: 515-239-1216. b) The Recipient shall certify that all known required environmental permits have been received and that all environmental regulations have been complied. The DOT Office of Location and Environment can assist if additional guidance is needed. Their phone number is: 515-239-1225. ❑ Following award of contract to the lowest responsive bidder, submit one copy of the contract Submit a copy of the preconstruction meeting minutes, if a meeting was held. ❑ The recipient shall be responsible for the daily inspection of the project. For projects let to contract, the Recipient shall compile a daily log of materials and quantities. For projects constructed with local forces, the Recipient shall compile a dally log of materials, equipment and labor on the project. ❑ DOT Approval of Change Orders are needed on DOT Change Order Forms on the project if there is a change in the scope of the project prior to work being started or if the project includes work an a primary route (DOT judsdiction); otherwise on ell other recipient approved change orders, submit one copy of the fully executed change order for our file if minor work items are adjusted and scope of project is unchanged. ❑ Before the recipient accepts the project, contact the Iowa DOT project manager and schedule a time to conduct a site review of the project for any noncompliance measures. ❑ Upon project completion, submit an original Form 640003 ('Certificate of Completion and Final Acceptance of Agreement work') which Is available at httpdAvww.iowadotgovfformslmdex.htm. Note: for RISE projects, the field completion date is the date the roadway was open to traffic. ❑ Along with the Form 640003, an original 'Checklist and Certification for the Utilization of Targeted Small Businesses (TSB) on Non -Federal -aid Projects' shall be completed by the Recipient and mailed in. This checklist is attached to the RISE agreement. ❑ On RISE projects, submit two sets of final'as-bullr project plans within six months after the roadway project is complete. On SRT projects, submit one set of final es-builr project plans within six months atter project is complete. ❑ The Recipient shall certify within three years of the date the RISE project Is constructed and open to traffic any associated economic development which has resulted from the project, including Infrastructure Improvements, capital investment, and/or job creation. This certification by the Recipient is subject to audit by the DOT and the DOT has sole authority to determine whether the associated economic development has been consummated. ❑ The DOT shall monitor the progress of the associated economic development following the construction of the RISE project