HomeMy Public PortalAboutResolutions-2011-15Resolution No. 2011 -15
A RESOLUTION APPROVING AND ACCEPTING OF INFRASTRUCTURE WHICH
INCLUDES ALL STREET, WATER MAINS,SANITARY SEWER AND STORM SEWER,
EXCEPT FOR SIDEWALKS AS PER THE FINAL PLAT OF ROLLING HILLS ESTATES
PART FOUR, A SUBDIVISION OF TIFFIN, JOHNSON COUNTY, IOWA
WHEREAS, Croell Ready -Mix, Inc. as Subdivider has filed with the City Clerk of the City of Tiffin,
Iowa, an application for approval of the final plat of Rolling Hills Part Four, a subdivision of Tiffin,
Johnson County, Iowa, which is legally described as follows:
See attached Exhibit "A" that is incorporated in to this agreement.
AND WHEREAS, the City of Tiffin will benefit from the creation of new housing stock;
AND WHEREAS, the City Engineer has examined the final plat and subject to the Subdivider's
compliance with certain engineering criteria that has been specified, the City Engineer recommends
his conditional approval of said infrastructures except of sidewalks as per the final plat to the Council;
AND WHEREAS, the City hereby acknowledges the subdivision ordinance requirement that five
percent (5 %) of the subdivision be dedicated for open space in Part Four has been waived by the
Subdivider's agreement signed December 13, 2001;
AND WHEREAS, the City and the Subdivider, their successors and assigns, have reduced to
terms a Subdivider's Agreement earlier recorded; and
AND WHEREAS, the infrastructure improvements for Streets, Water, Sanitary Sewer and Strom
Sewer, are subject to five year performance and maintenance bonds per Design Standards as
approved by the City Council; and Subdivider requests the street bond to be issued for two years on
Rolling Hills Dr., from the date of acceptance of final plat, due to the fact that the city has accepted
and maintained Rolling Hills Dr. since 2007.
WHEREAS, the final plat is found to conform with all of the requirements of the city's ordinances
with the exception of sidewalks within Rolling Hills Estates Part Four and of any payment of fees due
to the City by the Subdivider.
NOW, THEREFORE, BE IT RESOLVED, the City Council has approved to allow the Subdivider to
submit a two year streets performance and maintenance bond in lieu of the mandatory five year
streets performance and maintenance bond as per request of subdivider,
NOW, THEREFORE, BE IT RESOLVED, by the City Council of Tiffin, Iowa, that the Mayor and
City Clerk are hereby authorized to execute the documents necessary to approve the final plat as
submitted and as approved to execute the documents necessary to approve the final plat as
submitted and as approved by the City Engineer and City Attorney upon completion of the "Punch
List ". The Mayor and City Clerk are authorized to execute the legal documents submitted with the
Final Plat as a condition of its approval and upon proof of the required payment of fees.
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.
Council person Mike Gericke introduced Resolution 2011 -15 A RESOLUTION APPROVING AND
ACCEPTING OF INFRASTRUCTURE WHICH INCLUDES ALL STREET, WATER
MAINS,SANITARY SEWER AND STORM SEWER, EXCEPT FOR SIDEWALKS AS PER THE
FINAL PLAT OF ROLLING HILLS ESTATES PART FOUR, A SUBDIVISION OF TIFFIN, JOHNSON
COUNTY, IOWA for approval and seconded by Travis Weipert.
AYES: Chris Ball, Jim Bartels, Mike Gericke, Travis Weipert
NAYS: None
ABSENT: Mark Petersen
Whereupon, with four Council persons voting approval of Resolution 2010 -39 Mayor Phillips declared
the Resolution 2011 -15 A RESOLUTION APPROVING AND ACCEPTING OF INFRASTRUCTURE
WHICH INCLUDES ALL STREET, WATER MAINS, SANITARY SEWER AND STORM SEWER,
EXCEPT FOR SIDEWALKS AS PER THE FINAL PLAT OF ROLLING HILLS ESTATES PART
FOUR, A SUBDIVISION OF TIFFIN, JOHNSON COUNTY, IOWA be adopted and signified his
approval of the same by affixing his signature thereto. 11
PASSED AND APPROVED THIS DAY OFc 44 2011.
Attest
Signed:
Exhibit "A" Legal Description
Exhibit "B" Engineer's Letter
Chris Ball, Mayor Pro em City of Tiffin
EXHIBIT A
Legal Description:
Rolling Hills Estates Part Four is a part of Auditor Parcel 2000028, as
recorded in Plat Book 41 on Page 194, of the Northeast 1/4 of Section 28,
Township 80 North, Range 7 West of the 5th P.M., City of Tiffin, Johnson
County, Iowa, and being more particularly described as follows;
Commencing at the Northeast Corner of Auditor Parcel 2000028; thence
S90 °00'00 "W along the North Line of said Auditor Parcel 2000028, a distance
of 198.86 feet to a point on a Northerly Line of Rolling Hills Estates Part
Three, as recorded in Plat Book 51 on Page 156, also being the Point Of
Beginning, thence S00 °00'00 "W along said Northerly Line a distance of 338.60
feet; thence S90 °00'00 "W along a Northerly Line of said Rolling Hills
Estates Part Three, a distance of 1230.68 feet to a point on the Northerly
Line of Rolling Hills Estates Part Two; thence N12 °10'21 "E along said
Northerly Line of Rolling Hills Estates Part Two, a distance of 41.93 feet;
thence N00 °00'00 "E along a Northerly Line of Rolling Hills Estates Part Two,
a distance of 98.87 feet; thence S90 °00'00 "W along a Northerly Line of
Rolling Hills Estates Part Two, a distance of 180.63 feet; thence along a
Northerly Line of Rolling Hills Estates Part Two 133.52 feet along the arc of
a 85.00 foot radius curve, concave Northeasterly, whose 120.21 foot chord
bears N45 °00'00 "W; thence S90 °00'00 "W along a Northerly Line of Rolling
Hills Estates Part Two, a distance of 115.03 feet; thence N35 °35'34 "W along
a Northerly Line of Rolling Hills Estates Part Two, a distance of 139.87 feet
to a point on the North Line of Said Auditor Parcel 2000028; thence
N90 °00'00 "E along said North Line, a distance of 1683.91 feet to the Point Of
Beginning, in all Containing 11.08 acres more or less and being subject to
all easements and restrictions of record.
HART-FREDERICK CONSULTANTS, P.C.
ENGINEERS & SURVEYORS
Date: December 29, 2011
To: Honorable Mayor and City Council
City of Tiffin, IA
From: Michael W. Hart, P.E.
Re: Rolling Hills Development — Part 4
Croell Ready Mix, Inc.
Dear Honorable Mayor and City Council,
The intent of this letter is to enter a written agreement between the City of Tiffin and
Croell Redi Mix, Inc.
A following is a quick synopsis of the last phase of the project to date. It is both Croell
and the City's desire to approve the subdivision and begin home construction
expeditiously. It has been reported to Hart- Frederick Consultants, P.C. that the Council
has previously approved the development and improvements, pending completion of the
Punchlist dated 4/12/11 as prepared by Justin Meade, P.E. It has been reported that the
sanitary sewer repairs have been completed, but that debris removal, grading and surface
improvements, and other miscellaneous work items have yet to be completed. It is more
conducive to complete the grading and landscaping work in the springtime rather than
during the winter months.
Terms of the subdivision acceptance agreement are as follows:
1) The City of Tiffin agrees to accept the subdivion improvements and to release the
performance bond. Release of the performance bond will in turn start the
maintenance bond two year time period. Building permits are now allowed to be
issued by the City.
2) Croell Redi Mix, Inc. agrees to complete the above referenced Punchlist
(remaining work items /improvements) by June 30, 2012 in its entirety.
3) Hart- Frederick Consultants, P.C. will inspect the work to make sure it is
completed to an acceptable level of industry standard.
4) If the work is not completed by June 1, 2012 no more building permits will be
issued by the City of Tiffin in the Rolling Hills Part 4 Subdivision.
5) Transfer of title to the Outlot B (the pond between Rolling Hills and Goldfinch)
will be dedicated to the City at no cost, without encumbrance, shall be included as
part of the project Puchlist.
6) Should the Punchlist not be completed to the City's satisfaction by June 2, 2012,
this Agreement will be filed at the Johnson County record's office; and such filing
will be considered title encumbrance upon the remaining lots in said subdivision.
510 State Street • P.O. Box 560 • Tiffin, IA 52340 -0560 • 319 -545 -7215 • Fax: 319 -545 -7220 • www.hart- frederick.com
Engineering • Surveying • Planning
7) Should the work not be completed to the City's satisfaction by June 2, 2012;
Croell Redi Mix authorizes the City to complete the work by any means, and such
costs will be evenly divided between the unsold lots and shall be considered a lien
due the City.
8) Should all lots be sold at that time, Croell Redi mix agrees to pay the City in full
for the costs of the improvements within thirty days.
The above mentioned terms of this Agreement are acceptable to the following interested
parties:
Tim Herold, Croel Redi Mix Authorized Representative Date
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Mike Hart, Hart- Frederick Consultants, P.C. Date
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Brett Mehmen, Public Works, City of Tiffm Date