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Home My Public Portal AboutResolutions-2007-19 11N11lIIIllIlflfllfflll!l Illllllllllfflllffllllfiflllllllllllllllllllllllllllll Doc IDe d: 02/01/2220009 Tvae: QEN Record 07 at 01:00:28 PM Fee Amt: $47.00 Paae 1 of 9 Johnson county Iowa Kim Painter County Recorder EIK4231 PG725-733 Recorder's Cover Sheet TITLE OF DOCUMENT: TIFFIN RESOLUTION NO 2007-19 i Preparer Information: (name, address, phone number) Stephen N. Greenleaf LYNCH, GRk'L EAF & =HAEL LLP 1402 Willow Creek Court/POB 1757 Iowa City IA 52244 (319)351-1055. Taxpayer Information: (name, address) N/A Return Address: (name, address) LYNCH, G;RFFTTf,RAF & MICHAEL LLP ATTN KATHY POB 1757 IOWA CITY IA 52244 Grantor(s): Grantee(s): CITY OF TIFFIN IOWA THE VILLAGES PART URBAN REVITALIZATION AREA Legal description: (or page number location) SEE ATTACHED EXHIBIT "A" A portion of the East Half of Section 33, and the West Half of Section;-34, Township 80 North,Range 7 West,of the 5th Principal Meridian,City of Tiffin, County,Iowa,more particularly described as follows: Commencing at the Southeast Corner of the Northeast Quarter of Section 33,Township 90 Nottk. Range 7 West of the 5th Principal Meridian,City of Tiffin,Johnson County,Iowa,and for the purer.of this legal description the east line of the Northeast Quarter of Section 33, is assumed" t :bear: SO 1°34'10"E; Thence SOl°34'10"E, 29.10 feet,to a point on the northerly right of way line of Ind Highway No. 80, which is the Point of Beginning of the parcel herein described; Thence S86125'12"W, along said northerly line, 588.04 feet; Thence N89°44144"W, along said northerly Iine, 682.42 feet; Thence N65°35'36"W, along said northerly Iine.,498.39 feet; Thence N79°40'00"W,along said northerly lime, 181.48 feet; Thence N63°46'15"W, along said northerly line,349.61 feet; Thence N32127'52"W, along said northerly line, 115.41 feet, to its intersection with the easterly right of way line of Ireland Avenue; Thence N04 008'58"W, along said easterly line, 672.39 feet; Thence N04023'40"W, along said easterly line, 119.62 feet; Thence N88027'04"E, 900.29 feet; Thence N85145'16"E, 80.09 feet; Thence N88027104"E,275.00 feet; Thence SOI°32'56"E,221.50 feet;Thence S$6°41'05"E, 764.81 feet; Thence Southeasterly, 25.00 feet, along a 998.00 foot radius curve, concave southwesterly, whose 25.00 foot chord bears S85158'59"E; Thence Northeasterly, 22.15 feet, along a 15.00 foot radius curve, concave 'northwesterly, whose 20.21 foot chord bears N52'1'22'47"E; Thence N10001'31"]3,.36415 feet; Thence Northeasterly, 254.31 feet, along a 283.00 foot radius curve, concave southwesterly, whose 245.84 foot chord bears N3 5046'09"E; Thence Northeasterly, 21.13 feet, along a 31.00 foot radius curve, concave northwesterly, whose 20.72 foot chord bears N41059'05"E; Thence Easterly, 153.33 feet, along a 60.00 foot radius curve, concave southerly,whose 114.88 foot chord bears S84020'00"E; Thence N79 047137"E, 193.02 feet; Thence S01 034'10"E, 256.35 feet; Thence N89130105 11E, 530.10 feet; Thence 501034'10"E, 655.12 feet; Thence Southeasterly, 340.74 feet,along a 1707.76 foot radius curve, concave northeasterly, whose 340.17 foot chord bears S85°41'15"E; Thence N87°48'03"E, 47.43 feet; Thence S01 015'08"E, 80.01 feet; Thence S01 015'08 11E, 531.54 feet: Thence S85054'1T'W, 913.31 feet: to the Point of Beginning. Said tract of land contains 92.49 acres more or less, and is subject to casements and restrictions of record. ]x[51 IBI "All I Prepared by: Stephen N. Greenleaf POB 1757 Iowa Ci IA 52244 319 351-1056 CERTIFICATION OF CITY CLERK STATE OF IOWA ) COUNTY OF JOHNSON )ss. I, Margaret B. Reihman, City Clerk of the City of Tiffin, Iowa, do hereby certify that the Resolution attached hereto is a true and correct copy of the Resolution No. 2007-19, which was passed by the City Council of Tiffin, Iowa, at a regular meeting held on the 9th day of May 2007, all as the same appears of record in my office. Dated at Iowa City, Iowqjhis 29th day of Octo \ 07. ET B. R H , City Clerk STATE OF IOWA ) COUNTY OF JOHNSON )ss. On this 29th day of October 2007 before me, a Notary Public, in and for the State of Iowa, personally appeared Margaret B. Reihman, to me personally known, and who, being by me duly sworn, did say that she is the city clerk, of the City of Tiffin, Iowa; and that the instrument was signed on behalf of the corporation, by authority of its city council, as contained in the resolution adopted by the city council, and that Margaret B. Reihman acknowledged the execution of the instrument to be her,voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. tj �,► STEPHEN N.GREENLEAF EPHEN N. GRE NLEAF x COMMISSION#135018 Notary Public in and for MY COMMISSION EXPIRES the State of Iowa S:\Clients\Cities\Tiffin\SUBDIVISIONS\VILLAGES OF TIFFIN 199\VILLAGES OF TIFFIN 199\urban Revitalization Area\Certification for Reso Appry URA Plan.doc kd Tiffin/436989-7/DRA RESOLUTIONNO. 2007-19 A Resolution Adopting the Proposed Plan for the Villages Part I Urban Revitalization Area WHEREAS, pursuant to the provisions of Chapter 404, Code of Iowa (the "Act") before designating any area a revitalization area, a City must prepare a Proposed Plan for such revitalization area; and WHEREAS, pursuant to the provisions of the Act, the City of Tiffin (the "City") prepared a Proposed Plan for the Villages Part I Urban Revitalization Area and held a public hearing thereon, as required by the Act; and WHEREAS, the City has received a valid waiver of the right to petition for a second public hearing from all private property owners within the Villages Part I Urban Revitalization Area; NOW, THEREFORE, It Is Resolved by the City Council of the City of Tiffin, Iowa, as follows: Section 1. The Plan for the Villages Part I Urban Revitalization Area, in the form attached to this Resolution, is hereby adopted. Section 2. The City Clerk is hereby directed to file a copy of this resolution and of the Plan with the Johnson County Assessor. Section 3. All resolutions or parts of resolutions in conflict herewith are hereby repealed, to the extent of such conflict. Passed and approved May 9, 2007 Mayor Attest: City �rj _2- DORSEY&WHITNEY LLP,ATTORNEYS,DES MOINES,IOWA TifFin/436989-7/DRA Meeting May 9, 2007 Upon motion and vote, the meeting adjourned. Mayor Attest: ty Cl �I -3- DORSEY&WHITNEY LLP,ATTORNEYS,DES MOINES,IOWA III I URBAN REVITALIZATION PLAN CITY OF TIFFIN,IOWA VILLAGES PART I URBAN REVITALIZATION AREA 2007 -i- DORSEY&WHITNEY LLP,ATTORNEYS,DES,MOINES,IOWA Tifn/436989-7/urban revite plan A. URBAN REVITALIZATION ACT The Urban Revitalization Act, Chapter 404, Code of Iowa, (the "Act") was enacted into law by the Iowa General Assembly in 1979. The Act is intended to encourage redevelopment and revitalization within a designated area by authorizing incentives to the private sector. Qualified real estate within the designated area may be eligible to receive a total or partial exemption from property taxes on improvements for a specified number of years. The primary intent of the Act is to provide communities with a long-term increase or stabilization in their tax base by encouraging rehabilitation or new construction which might not otherwise occur. Section 404.1 provides that a City Council may designate an area of the City as a revitalization area, if that area meets the following situation: "An area which is appropriate as an economic development area as defined in Section 403.17 of the Code of Iowa." 13. DESCRIPTION OR THE AREA The real estate to be included within the boundaries of the Villages Part I Urban Revitalization Area(hereinafter referred to as the"Revitalization Area")is legally described as follows: A portion of the East Half of Section 33, and the West Half of Section 34, all in Township 80 North, Range 7 West,of the 5th Principal Meridian, City of Tiffin,Johnson County,Iowa,more particularly described as follows: Commencing at the Southeast Cotner of the Northeast Quarter of Section 33,Township 80 North, Range 7 West of the 5th Principal Meridian,City of Tiffin,Johnson County,Iowa,and for the purpose of this legal description the east line of the Northeast Quarter of Section 33, is assumed to bear SO1°34'10"E; Thence SO1°34'10"E, 29.10 feet, to a point on the northerly right of way line of Interstate Highway No. 80, which is the Point of Beginning of the parcel herein described; Thence S86°25'12"W, along said northerly line, 888.04 feet; Thence N89°44'44"W, along said northerly line, 682.42 feet; Thence N65°35'36"W, along said northerly line,498.39 feet; Thence N79°40'00"W, along said northerly line, 181.48 feet; Thence N63°46'15"W, along said northerly line,349.61 feet; Thence N32°27'52"W, along said northerly line, 115.41 feet, to its intersection with the easterly right of way line of Ireland Avenue; Thence N04 108'58"W, along said easterly line, 672.39 feet; Thence N04°23'40"W, along said easterly line, 119.62 feet; Thence N88°27'04"E, 900.29 feet; Thence N85°45'16"E, 80.09 feet; Thence N88°27'04"E,275.00 feet; Thence SO1°32'56"E, 221.50 feet;Thence S86°41'05"E, 764.81 feet; Thence Southeasterly, 25.00 feet, along a 998.00 foot radius curve, concave southwesterly, whose 25.00 foot chord bears S85°58'59"E; Thence Northeasterly, 22.18 feet, along a 15.00 foot radius curve, concave northwesterly, whose 20.21 foot chord bears N52°22'47"E; Thence N10°01'31"E, 364.25 feet; Thence Northeasterly, 254.31 feet, along a 283.00 foot radius curve, concave southwesterly, whose 245.84 foot chord bears N35°46'09"E; Thence Northeasterly, 21.13 feet, along a 31.00 foot radius curve, concave northwesterly, whose 20.72 foot.chord bears N41°59'05"E; Thence Easterly, 153.33 feet, along a 60.00 foot radius curve, concave southerly,whose 114.88 foot chord bears S84°20'00"E;Thence N79°47'37"E, 193.02 feet; Thence SO1°34'10"E, 256.35 feet; Thence N89°30'05"E, 530.10 feet; Thence SO1°34'10"E, 655.12 feet; Thence Southeasterly, 340.74 feet, along a 1707.76 foot radius curve, concave northeasterly, whose 340.17 foot chord bears S85°41'15"E; Thence N87 948'03"E, 47.43 feet; Thence S01 115'08 11E, 80.01 feet; Thence S01 015'08"E, 531.54 feet: Thence S85 054'17"W, 913.31 feet, to the Point of Beginning. Said tract of land contains 92.49 acres more or less, and is subject to easements and restrictions of record. -l- DORSEY&WMTNEY LLP,ATTORNEYS,DES MOINES,IOWA Tiffin/436989-7/urban revite plan C. DESIGNATION CRITERIA In accordance with Section 404.1 of the Act,the City Council has designated the Revitalization Area as an area which is appropriate as an economic development area as defined in Section 403.17 of the Code of Iowa. D. OBJECTIVES The plan is prepared in conformance with Section 404.2 of the Code of Iowa for the purpose of providing incentives and outlining procedures to enhance the potential for commercial development in the Revitalization Area. Planning goals include revitalizing the area through the promotion of new construction on vacant land. E. PROPOSED LAND USE The property within the Revitalization Area is proposed for new commercial development in those areas that comply with existing zoning classifications. F. PROPOSALS FOR EXPANDING CITY SERVICES The City proposes that, as it becomes financially feasible, the provision of municipal services to the Area will be expanded and improved to meet the demands of new commercial development. G. ELIGIBLE IMPROVEMENTS Eligible property improvements,as used in this plan,are defined as new commercial construction. Actual value added by improvements,as used in this plan, means the actual value added as of the first year for which the exemption was received. In order to be eligible for tax abatement,the increase in actual value of the property must be at least 5%. All improvements, in order to be considered eligible,must be completed in conformance with all applicable regulations of the City of Tiffin, and must be completed during the time the Revitalization Area is designated by ordinance. H. TIlbIE FRAME The area shall be eligible for tax abatement under the revitalization plan after the date of the adoption of the ordinance designating the Revitalization Area, until, in the opinion of the City Council, the desired level of revitalization has been attained or economic conditions are such that the continuation of the exemption granted would cease to be of benefit to the City, in which case the City Council may repeal the ordinance, pursuant to Section 404.7 of the Code of Iowa. In the event the ordinance is repealed,all existing exemptions shall continue until their expiration, I. EXEMPTIONS All qualified real estate assessed as commercial property is eligible to receive an exemption from taxation on the actual value added by the improvements for a period of three years. The amount of the exemption is equal to 100%of the actual value added by the improvements. .,2_ DORSEY&WHITNEY LLP,ATTORNEYS,IDES MOINES,IOWA Tiffint436999-71urban revite plan J. APPLICATION PROCEDURES An application shall be filed for each new exemption claimed. The property owner must apply to the City for an exemption by February 151 of the assessment year for which the exemption is first claimed, but not later than the year in which all improvements included in the project are first assessed for taxation. The application shall contain, but not be limited to, the following information: the nature of the improvement, its cost,and the estimated or actual dates beginning and completing the improvement. K. PRIOR APPROVAL While applications should generally be fled after projects are completed, owners may submit a proposal for an improvement project to the City Council to receive prior approval for eligibility for a tax exemption on the project. The City Council shall give its prior approval if the project is in conformance with this plan for revitalization. However, if the proposal is not approved, the owner(s) may submit an amended proposal for the City Council to approve or reject. Such prior approval shall not entitle the owner(s) to exemption from taxation until the improvements have been completed and found to be qualified for the exemption. L. APPROVAL OF APPLICATIONS The City Council shall approve all applications submitted for completed projects if 1. The project,as determined by the City Council, is in conformance with this plan; 2. The project is located within the Revitalization Area;and,. 3. The improvements were made during the time the Revitalization Area was designated as a revitalization area. All approved applications shall be forwarded to the county assessor for review, pursuant to Section 404.5 of the Code of Iowa. The county assessor shall make a physical review of all properties with approved applications. The county assessor shall determine the increase in actual value for tax purposes due to the improvements and notify the applicant of the determination, which may be appealed to the local board of review pursuant to Section 441.37 of the Code of Iowa. After the initial tax exemption is granted, the county assessor shall continue to grant the tax exemption for the time period specified on the approved application. The tax exemptions for the succeeding years shall be granted without the owner(s)having to file an application for succeeding years. M. OTHER SOURCES OF REVITALIZATION FUNDS The City anticipates no other federal or state grants or loans for improvements in the area at this time other than those of conventional lending institutions at normal market rates. However, it is not the intention of the City to prohibit the use of other appropriate federal or state revitalization or incentive programs within the area. N. RELOCATION PROVISIONS The City does not anticipate the displacement or relocation of any persons, families, or businesses as a result of the improvements to be made in the Revitalization Area. -3- DORSEY&WHITNEY LLP,ATTORNEYS,DES MOINES,IOWA 4931-5790-2337U 4111'2007 5:22 PM �i � T U �� p