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HomeMy Public PortalAboutResolutions-2017-065 DocuSign Envelope ID: 406C4839-8344-43E6-A3B5-5DC389AA40EA RESOLUTION NO. 2017-065 A RESOLUTION APPROVING FINAL PLAT OF TIFFIN HEIGHTS EAST Whereas, The Boulders, as Subdivider has filed with the City Clerk of the City of Tiffin, Iowa, an application for approval of the final plat of Tiffin Heights East, a subdivision of Tiffin, Johnson County, Iowa, which is legally described as follows: See attached Exhibit that is incorporated into this agreement And Whereas, The City Engineer has done a final examination of the final plat and provide his recommendation on approval of the final plat to the Council, and; Whereas, the City and the Subdivider, their successors and assigns, have reduced to terms a Subdivision Agreement that will be recorded with Johnson County, and; Whereas, the infrastructure improvements are subject to three-year maintenance bonds per Design Standards as approved by City Council, such maintenance bonds to be posted when the improvements have been completed and accepted by City, and; Whereas , the final plat is found to Ordinances and Subdivision Agreement. Now, therefore be it resolved by the City Council of the City of Tiffin, Iowa that the Mayor and City Administrator/Clerk are hereby authorized to execute the documents necessary to approve the final plat as submitted and as approved by the City Engineer and City Attorney, but, as a condition of its approval, the approval of the final plat is contingent on the following: 1) Execution by the Subdivider and other necessary parties of all other documents required by the Subdivision Ordinance or Subdivision Agreement, including easement agreements; 2) the Conditional Dedication and Conveyance document; 3) the final plat may not be recorded and no lots may be transferred until these contingencies have been completed. The recording of the plat and this resolution will indicate these contingencies have been completed. Be It Further Resolved , that the Subdivider of this property will bear the cost to record this resolution and subsequent legal documents with the Office of the Johnson County Recorder. th On the 15 day of August, 2017, at a regular meeting of the Tiffin City Council, Tiffin, Resolution No. 2017-065 RESOLUTION Iowa, Councilperson Ryan introduced APPROVING THE FINAL PLAT OF TIFFIN HEIGHTS EAST, A SUBDIVISION OF TIFFIN, JOHNSON COUNTY, IOWAand made a motion for approval. Motion seconded by Councilperson Kahler. Ayes: Upton, Kahler, Ryan, Havens, Bartels Nays: None. Absent: None. DocuSign Envelope ID: 406C4839-8344-43E6-A3B5-5DC389AA40EA Whereupon five Council members were present and voted approval and Mayor Berner Resolution No. 2017-065 RESOLUTION APPROVING THE FINAL declared that the PLAT OF TIFFIN HEIGHTS EAST, A SUBDIVISION OF TIFFIN, JOHNSON COUNTY, IOWAto be adopted and signified his approval of the same by affixing his signature thereto. th Passed by the City Council on the 15 day of August, 2017 City of Tiffin ____________________________ Steven L. Berner, Mayor ATTEST: ________________________________ Doug Boldt, City Administrator/Clerk Exhibit Plat and Legal Description DocuSign Envelope ID: 406C4839-8344-43E6-A3B5-5DC389AA40EA Prepared by: Michael J. Pugh 425 E. Oakdale Blvd., Suite 201 Phone (319) 351-2028 Pugh Hagan Prahm PLC Coralville, IA 52241 FAX (319) 351-1102 CONDITIONAL DEDICATION AND CONVEYANCE TIFFIN HEIGHTS EAST TIFFIN, IOWA KNOW ALL MEN BY THESE PRESENTS: The Boulders, L.L.C. 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: as shown on Exhibit A, located in Outlot of Tiffin Heights East, Tiffin, Iowa, to which this conditional dedication and conveyance is attached, is hereby dedicated and conveyed to the public, as provided by Chapter 354 of the 2017 Code of Iowa, as amended, conditioned on the following: such dedication and conveyance of Possible Future Right of Way Dedication shall become effective only after the City of Tiffin has filed a certified copy of the Tiffin City Council resolution accepting the dedication and conveyance of Possible Future Right of Way Dedication, either in whole or in part, with the Right of Way Dedication shall be used as private open space, and the Owner (The Boulders, L.L.C. or Tiffin Heights East Homeowners Association) shall have the sole responsibility of maintaining {00215261} 1 DocuSign Envelope ID: 406C4839-8344-43E6-A3B5-5DC389AA40EA Effective immediately, the Owner or its successors shall not erect or construct any structure o express written consent of the City. Upon the recording of a resolution by the City accepting the dedication and conveyance, in whole or in part, of the Right of Way Dedication, the property accepted by the City without payment of any compensation, and any fences, trees, structures, or other improvements located within the property may be removed by the City without compensation or replacement. The City shall not be responsible for any damages caused by the removal of any fences, trees, structures or other improvements. Upon the recording of a resolution by the City which disclaims any interest in and to any part of the ture Right of Way Dedication, the terms of this Conditional Dedication and Conveyance shall no longer apply as to that property. Nothing contained in this instrument shall be deemed to constitute an agreement by the City to accept the dedication of said property. Any decision regarding acceptance of this dedication shall be within the sole discretion of the City Council of the City of Tiffin, Iowa. \[Signature page to follow\] {00215261} 2 DocuSign Envelope ID: 406C4839-8344-43E6-A3B5-5DC389AA40EA \[Signature page to Conditional Dedication and Conveyance\] IN WITNESS WHEREOF, the proprietors have caused these presents to be signed on this _____ day of August, 2017. SUBDIVIDER THE BOULDERS, L.L.C. By:___________________________________ Jason A. Dumont, Manager CITY OF TIFFIN, IOWA By:___________________________________ Steve Berner, Mayor ATTEST: By:____________________________ Douglas Boldt, City Clerk STATE OF IOWA, COUNTY OF JOHNSON ) ss: This instrument was acknowledged on the _____ day of August, 2017, before me, by Jason A. Dumont, as Manager of The Boulders, L.L.C. ________________________________ Notary Public in and for said State STATE OF IOWA, COUNTY OF JOHNSON ) ss: On this _____ day of August, 2017, before me, the undersigned, a Notary Public in and for said County and State, personally appeared Steve Berner and Douglas Boldt, 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 Tiffin, 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 {00215261} 3 DocuSign Envelope ID: 406C4839-8344-43E6-A3B5-5DC389AA40EA DocuSign Envelope ID: 406C4839-8344-43E6-A3B5-5DC389AA40EA Tiffin Heights East Legal DESCRIPTION - R-1D NO. 1 A PORTION OF AUDITOR'S PARCEL 2006-033 IN THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 28, TOWNSHIP 80 NORTH, RANGE 7 WEST, OF THE FIFTH PRINCIPAL MERIDIAN, TIFFIN, JOHNSON COUNTY, IOWA, DESCRIBED AS FOLLOWS: Commencing at the Northeast Corner of Auditor's Parcel 2006-033 to Tiffin, Iowa, in accordance with the Plat thereof Recorded in Plat Book 50 at Page 261 of the Records of the Johnson County Recorder's Office; Thence S00°46'56"E, along the East Line of said Auditor's Parcel 2006-033, a distance of 50.00 feet, to the Point of Beginning; Thence continuing S00°46'56"E, along said East Line, 865.06 feet; Thence S89°34'41"W, 157.74 feet; Thence N00°47'53"W, 390.15 feet; Thence Northwesterly, 144.19 feet along a 300.00 foot radius curve, concave Southwesterly whose 142.80 foot chord bears N14°34'01"W; Thence N89°12'07"E, 33.98 feet; Thence N00°47'53"W, 322.03 feet; Thence Northeasterly, 149.86 feet along an 800.00 foot radius curve, concave Southeasterly, whose 149.64 foot chord bears N84°08'42"E; Thence N89°30'41"E, 8.93 feet, to the Point of Beginning. Said Rezoning Parcel contains 3.15 Acres. and is subject to easements and restrictions of record. DESCRIPTION - R-1D NO. 2 A PORTION OF AUDITOR'S PARCEL 2006-033 IN THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER AND A PORTION OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER ALL OF SECTION 28, TOWNSHIP 80 NORTH, RANGE 7 WEST, OF THE FIFTH PRINCIPAL MERIDIAN, TIFFIN, JOHNSON COUNTY, IOWA, DESCRIBED AS FOLLOWS: Commencing at the Northeast Corner of Auditor's Parcel 2006-033 to Tiffin, Iowa, in accordance with the Plat thereof Recorded in Plat Book 50 at Page 261 of the Records of the Johnson County Recorder's Office; Thence S00°46'56"E, along the East Line of said Auditor's Parcel 2006-033, a distance of 50.00 feet; Thence continuing S00°46'56"E, along said East Line, 865.06 feet; Thence S89°34'41"W, 157.74 feet, to the Point of Beginning; Thence S00°47'53"E, 682.07 feet; Thence S89°12'07"W, 179.97 feet; Thence S89°14'13"W, 180.91 feet; Thence S00°45'47"E, 78.83 feet; Thence S89°14'13"W, 326.00 feet; Thence N00°45'47"W, 84.00 feet; Thence S89°14'13"W, 323.00 feet; Thence N00°45'47"W, 534.00 feet; Thence N89°14'13"E, 699.73 feet; Thence Northeasterly, 157.68 feet, along a 200.00 foot radius curve, concave Northwesterly, whose 153.63 foot chord bears N66°39'03"E; Thence N44°03'53"E, 35.25 feet; Thence Northeasterly, 158.87 feet, along a 200.00 foot radius curve, concave Southeasterly, whose 154.73 foot chord bears N66°49'17"E, to the Point of Beginning. Said Rezoning Parcel contains 13.56 Acres, and is subject to easements and restrictions of record. DESCRIPTION - R-1D A PORTION OF AUDITOR'S PARCEL 2006-033 IN THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 28, TOWNSHIP 80 NORTH, RANGE 7 WEST, OF THE FIFTH PRINCIPAL MERIDIAN, TIFFIN, JOHNSON COUNTY, IOWA, DESCRIBED AS FOLLOWS: DocuSign Envelope ID: 406C4839-8344-43E6-A3B5-5DC389AA40EA Commencing at the Northeast Corner of Auditor's Parcel 2006-033 to Tiffin, Iowa, in accordance with the Plat thereof Recorded in Plat Book 50 at Page 261 of the Records of the Johnson County Recorder's Office; Thence S00°46'56"E, along the East Line of said Auditor's Parcel 2006-033, a distance of 50.00 feet; Thence S89°30'41"W, 8.93 feet; Thence Southwesterly, 149.86 feet, along an 800.00 foot radius curve, concave Southeasterly, whose 149.64 foot chord bears S84°08'42"W, to the Point of Beginning; Thence S00°47'53"E, 322.03 feet; Thence S89°12'07"W, 33.98 feet; Thence Northwesterly, 98.92 feet, along a 300.00 foot radius curve, concave Southwesterly, whose 98.47 foot chord bears N37°46'54"W; Thence N47°13'40"W, 219.35 feet; Thence Northeasterly, 269.74 feet, along an 800.00 foot radius curve, concave Southeasterly, whose 268.46 foot chord bears N69°07'09"E, to the Point of Beginning. Said Rezoning Parcel contains 1.02 Acre, and is subject to easements and restrictions of record. DESCRIPTION - R-2 A PORTION OF AUDITOR'S PARCEL 2006-033 IN THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 28, TOWNSHIP 80 NORTH, RANGE 7 WEST, OF THE FIFTH PRINCIPAL MERIDIAN, TIFFIN, JOHNSON COUNTY, IOWA, DESCRIBED AS FOLLOWS: Beginning at the Northwest Corner of Auditor's Parcel 2006-033 to Tiffin, Iowa, in accordance with the Plat thereof Recorded in Plat Book 50 at Page 261 of the Records of the Johnson County Recorder's Office; Thence N89°31'35"E, along the North Line of said Auditor's Parcel 2006-033, a distance of 1021.86 feet; Thence Southwesterly, 193.75 feet, along a 200.00 foot radius curve, concave Northeasterly, whose 186.26 foot chord bears S31°42'26"W; Thence Southwesterly, 259.93 feet, along an 800.00 foot radius curve, concave Southeasterly, whose 258.79 foot chord bears S50°09'07"W; Thence S40°50'38"W, 377.48 feet; Thence Southwesterly, 375.88 feet, along an 800.00 foot radius curve, concave Northwesterly, whose 372.43 foot chord bears S54°18'14"W; Thence N00°45'47"W, 77.01 feet; Thence Northeasterly, 16.53 feet, along a 333.00 foot radius curve, concave Southeasterly whose 16.52 foot chord bears N00°39'31"E; Thence N86°07'37"W, 56.84 feet; Thence Southwesterly, 97.92 feet, along a 200.00 foot radius curve, concave Southeasterly, whose 96.94 foot chord bears S79°50'51"W; Thence Southwesterly, 14.34 feet, along a 1000.00 foot radius curve, concave Southeasterly, whose 14.34 foot chord bears S65°24'39"W, to a Point on the West Line of said Auditor's Parcel 2006-033; Thence N00°45'47"W, along said West Line, 744.45 feet, to the Point of Beginning. Said Rezoning Parcel contains 11.85 Acres, and is subject to easements and restrictions of record. DESCRIPTION - R-1C A PORTION OF AUDITOR'S PARCEL 2006-033 IN THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 28, TOWNSHIP 80 NORTH, RANGE 7 WEST, OF THE FIFTH PRINCIPAL MERIDIAN, TIFFIN, JOHNSON COUNTY, IOWA, DESCRIBED AS FOLLOWS: Commencing at the Northwest Corner of Auditor's Parcel 2006-033 to Tiffin, Iowa, in accordance with the Plat thereof Recorded in Plat Book 50 at Page 261 of the Records of the Johnson County Recorder's Office; Thence S00°45'47"E, along the West Line of said Auditor's Parcel 2006-033, a distance of 744.45 feet, to the Point of Beginning; Thence Northeasterly, 14.34 feet, along a 1000.00 foot radius curve, concave Southeasterly, whose 14.34 foot chord bears N65°24"39"E; Thence Northeasterly, 97.92 feet, DocuSign Envelope ID: 406C4839-8344-43E6-A3B5-5DC389AA40EA along a 200.00 foot radius curve, concave Southeasterly, whose 96.94 foot chord bears N79°50'51"E Thence S86°07'37"E, 56.84 feet; Thence Southwesterly, 16.53 feet, along a 333.00 foot radius curve, concave Southeasterly, whose 16.52 foot chord bears S00°39'31"W; Thence S00°45'47"E, 77.01 feet; Thence Southwesterly, 31.19 feet, along an 800.00 foot radius curve, concave Northwesterly, whose 31.19 foot chord bears S68°52'51"W; Thence S69°59'52"W, 143.79 feet, to a Point on the West Line of said Auditor's Parcel 2006-033; Thence N00°45'47"W along said West Line, 134.75 feet, to the Point of Beginning. Said Rezoning Parcel contains 0.47 Acre, and is subject to easements and restrictions of record. DESCRIPTION - R-2 A PORTION OF AUDITOR'S PARCEL 2006-033 IN THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 28, TOWNSHIP 80 NORTH, RANGE 7 WEST, OF THE FIFTH PRINCIPAL MERIDIAN, TIFFIN, JOHNSON COUNTY, IOWA, DESCRIBED AS FOLLOWS: Commencing at the Northwest Corner of Auditor's Parcel 2006-033 to Tiffin, Iowa, in accordance with the Plat thereof Recorded in Plat Book 50 at Page 261 of the Records of the Johnson County Recorder's Office; Thence S00°45'47"E, along the West Line of said Auditor's Parcel 2006-033, a distance of 744.45 feet; Thence Northeasterly, 14.34 feet, along a 1000.00 foot radius curve, concave Southeasterly, whose 14.34 foot chord bears N65°24"39"E; Thence Northeasterly, 97.92 feet, along a 200.00 foot radius curve, concave Southeasterly, whose 96.94 foot chord bears N79°50'51"E Thence S86°07'37"E, 56.84 feet; Thence Southwesterly, 16.53 feet, along a 333.00 foot radius curve, concave Southeasterly, whose 16.52 foot chord bears S00°39'31"W; Thence S00°45'47"E, 77.01 feet, to the Point of Beginning; Thence Northeasterly, 375.88 feet, along an 800.00 foot radius curve, concave Northwesterly, whose 372.43 foot chord bears N54°18'14"E; Thence N40°50'38"E, 377.48 feet; Thence Northeasterly, 259.93 feet, along an 800.00 foot radius curve, concave Southeasterly, whose 258.79 foot cord bears N50°09'07"E; Thence S47°13'40"E, 219.35 feet; Thence Southeasterly, 98.92 feet, along a 300.00 foot radius curve, concave Southwesterly, whose 98.47 foot chord bears S37°46'54"E; Thence S89°12'07"W, 87.13 feet; Thence Southwesterly, 115.73 feet, along a 150.00 foot radius curve, concave Southeasterly, whose 112.88 foot chord bears S67°05'59"W; Thence S44°59'52"W, 713.09 feet; Thence Southwesterly, 231.64 feet, along a 300.00 foot radius curve, concave Northwesterly, whose 225.92 foot chord bears S67°07'02"W; Thence S89°14'13"W, 63.29 feet; Thence N00°45'47"W, 196.19 feet, to the Point of Beginning. Said Rezoning Parcel contains 5.77 Acres, and is subject to easements and restrictions of record. DESCRIPTION - R-1D A PORTION OF AUDITOR'S PARCEL 2006-033 IN THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 28, TOWNSHIP 80 NORTH, RANGE 7 WEST, OF THE FIFTH PRINCIPAL MERIDIAN, TIFFIN, JOHNSON COUNTY, IOWA, DESCRIBED AS FOLLOWS: Beginning at the Northeast Corner of Auditor's Parcel 2006-033 to Tiffin, Iowa, in accordance with the Plat thereof Recorded in Plat Book 50 at Page 261 of the Records of the Johnson County Recorder's Office; Thence S00°46'56"E, along the East Line of said Auditor's Parcel 2006-033, a distance of 50.00 DocuSign Envelope ID: 406C4839-8344-43E6-A3B5-5DC389AA40EA feet; Thence S89°30'41"W, 8.93 feet; Thence Southwesterly, 419.60 feet, along an 800.00 foot radius curve, concave Southeasterly, whose 414.80 foot chord bears S74°29'08"W; Thence Northeasterly, 193.75 feet, along an 200.00 foot radius curve, concave Northwesterly, whose 186.26 foot chord bears N31°42'26"E, to a Point on the said Auditor's Parcel 2006-033; Thence N89°31'35"E, 310.06 feet, to said Point of Beginning. Said Rezoning Parcel contains 0.54 acre, and is subject to easements and restrictions of record.