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.