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HomeMy Public PortalAboutResolutions-2011-15 A RESOLUTION APPROVING AN[. F r Y e. .Resolution No. 201145 A RESOLUTION APPROVING AND ACCEPTING OF INFRASTRUCTURE WHICH V :INCLUDES ALL STREET, WATER MAINS,SANITARY SEWER`AND STORM SEWER, EXCEPT'FOR SIDEWALKS AS PER THE FINAL PLAT OF ROLLING HILLS ESTATES 'A 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. a 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 f percent (5%)'of the subdivision be dedicated foe open'space in Part Four has been waived bythe Subdivider's agreement signed' December 13, 2001; f . 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 r approved by'the City Council; and Subdivider requests the streef 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 t and maintained Rolling Hills Dr. since 2007." n 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. y Council person Mike Gericlee introduced Resoluition 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 Weipe .,AYES: Chris Ball, Jim Bartels, Mike Gericke.rTraviEi 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, I EXCEPT FOR SIDEWALKS AS PER THE FINAL PLAT OF ROLLING HILLS ESTATES PART FOUR, A SUBDIVISION OF TIFFIN, JOHNSON COUNTY, IOWA be adopted and sigfiified, his approval of the same by affixing his signature thereto. t PASSED AND APPROVED THIS DAY OF 2011. Signed: Attest Chris Ball, Mayor Pro em City of Tiffin - C2tri— Ruth 6emuth, City Clerk Tiffin, ow—a Exhibit "A" Legal Description Exhibit "B" Engineer's Letter j L w r 0 of M z. r EXHIBIT A F a Legal Description: Rolling Hills Estates .Part 'Four' ,isa part of 'Auditor ',,Parcel 2000028,, as recorded in Plat Book 41`on Page 194,, of -the Northda'st 1/4 df Section 28, Township 80 North,, Range 7 West ,of tKe 5th PA; City. of Tiffin, Johnson Courity', Iowa, and,bdifig more particularly, described as follows;; Commencing at,the Northeast Corner of Auditor Parcel 2000028; tlence " S90000100"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'S1 on Page 156, also being the Point Of Beginning, thence S00°•00'00'W along said,Northerly Line a distance of 338.60'° . feef; thence S90°00'00"W along a -Northerly -Line .of said Rolling Hills Estates Part Three, a distance of 1230.'68 feet 7t6 a'point on 'the Noitherly Line of Rolling Hills Estat'e's Part'Two'; thence N12°10121"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 feeit; thence IS90°00'00"W along a'Northerly Liiie•of Rolling Hills'Estates Paft Two, a distance 'o`f 180.63 feet; thence along 'a Northerly Line. of .Rolling Hills Estates' Part iTwo 133.52! feet along the Art, of a 85.00 .foot radius curve, concave_ Northeasterly_ whose 120 21s foot chord_ bear's N450'00'001rW; thence-IS900001001W along;a Northerly Line of, Rol -ling 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'b0"E along said North Line, a distance of 1683.k,'feet to the P61hE Of Beginning, in all Containing 11.08 acres inore.or less and being subj�68t;to' .611 easementsand restrictions of record. i E � 4 ' � r T p.e r T i r e f 4 y i' R , t HART FREDERICK CONSULTANTS, P.C. ENGINEERS & SURVEYORS Date: December 29, 2011 To: 'Honorable Mayor and City Council City of Tiffin, IA k d 3 From: Michael W. Harty 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 r Croell,Redi Mix; •Ific. , A following'is a quick synopsis of the last phase of the project to date. It is both Croell k '.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 ' a during the winter months. Terms of the subdivision acceptance agreement dre as follows: a- R1) 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. L" 5) Transfer off 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 L part of the project P-uchlist. a 6) Should the Punchlist not be completed to the City's satisfaction by June 2, 20129 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. Bbx 560 Tiffin, IA 52340-0560 319-545-7215 Fax: 319-545-7220 www.hart-frederick.com F Engineering • Surveying_ Planning y ti } �r 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 Cit_ y in full for the costs of the improvements within thirty days. • J The above mentioned term's of this Agreement are acceptable to the.following interested parties: i 4'` , Tim'Herold, Croel Redi Mix Authorized Representative Date • x z A�411 Mike Hart, Hart -Frederick Consultants, P.C. Date } • Brett Mehmen, Public' Works, City of Tiffin Date � 4 a 4 a ` a. Resolution No. 2011-15 �n 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. 4. AND WHEREAS, the City of Tiffin will benefit from the creation of new housing stock; t 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 k,..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 k 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 ,k 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 approvesby 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. µ 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 rriaintenance 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. r ' s . I t k F 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 w 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 ti y Whereupon, with four Council. persons -voting approval of Resolution 20140-39 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. PASSED AND APPROVED THIS Z DAY OF ,Ze, ` 2011.; Signed: Chris Ball, ayor Pro -tem City of Tiffin Attest to: Ruth bemuth, City Clerk Tiffin, Iowa , Exhibit "A" Legal Description" Exhibit "B" Engineer's Letter Q j k " +4 'F r, , .x y r ; h s #. c q . f •- n EkHIBIT A` Legal b6sciipfion: Rollin4 HillsZ'states Pait :FouiE is apart of Auditor Parcel 2000028, as recorded in Plat -Book 41 on Page 194, of 'the Ndirtheast 114 of Section 28, Township 80. North, Range;? West of-the,5th,P.M., ' City of Tiffin; Johnson County, ToWa, &-hd--b—eifig more particularly d6scribdd' As folioWs'- Commencing, at the Northeast Corner of Auditor Parcel arcel- 2'060028; thence S900,00100"Walong the Noith Line -of said,Auditor Parcel 2000028,,a distance of 198,.'86 feet to apoint on a Northerlyy-Line of Rolling Hills,Estates,-Part Three as. recorded in 'PlatBook 51 on Page 156, also being the Point Of Beginning, thence IS,60*06100"W Along said Northerly'L'ine a distancelof 338:60.f ebt; thence S90 0 00 i 00 "M 'aIong a - Northerly Line of. ziaid R61iing'. Hliil,s ilffsfWtes Part Three, a di6tance of 1230.68-feet:to a,point on the North6'rly lifie 'of 'Rolling 'Hills Estates Part two; thence N12*10121,"E along said ',Northerly Line of Rollirig Hills Estates Part !Two, a 'distance W 41.93 3!febt; thence N00*00*100"E along a!Northe"rly Line of Rolling Hills Estate's Pait Two, wo, a,dista4nce'of 98.87 feet; ;thence ,_S90:*00'00I'W Along a Noitherli Line of Ro . llihg Hills E9tait'e's,Pait Tw6, A distance of 186.63 feet; th6ncd Along a North-eir1y' Line of' Rolling Hills Edta I �tes Pa -rt -Two 133.52 feet Along the Arc of -a 85.60. 'foot radiuscurve, concave iNortheasterly, yho's"e- 120.21, foot chord bears N_45000,00,,W;_ thericelS50*00100,"W 'along A-Noirtfierly Line of 'Rolling Hills Estate's Part,,Two, aldistarice of 115.'03 feet; 'thence- N350351341T along a Northerly Line of Rolling hi I lls.Estates,Part,Two, ,adistande of 139.87 feet to a point onthe :North 'Line of Said- .Auditor,'Parcel..200062,8; thence N006000",E a!6hg -said North Line, a distan-'de of 1683.91,feet to the Point Of B64in-ni.ifg, in all doh-tal-n—ing ii.06 acrds more or less and :being subject to all- easements And rest-ricti6ns of record. 11 F HART -FREDERICK CONSULTANTS, P.C. ENGINEERS & SURVEYORS Date: December 29, 2011 To: Honorable Mayor and City Council City of Tiffin, IA a ! Y From: Michael W: Hart, P.E. w .-Re: Roiling Hills Development - Part 4 4 Croell Ready Mix, hie. Dear Honorable Mayor and City Council, a t The intent of this letter is to enter a written agreement between the City of Tiffin�and Croell Redi Mix, hie. 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 4/12/14 as prepared by Justin Meade, RE. It has been reported that the sanitary sewer repairs have been completed, but that debris removal, grading and surface t improvements,.and other miscellaneous work items have yet to be -completed. It is more 3 conducive to complete the grading and landscaping work in the springtime rather than during'the winter months. a 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 t ` maintenance bond two year time period. Building permits are now allowed to be issued by the City. az 2) Croell Redi Mix, hie. 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_ itis 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 M' 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; M 52346-0560 319-545-7215 Fax: 319-545-7220 Nvww.hait-frederick.com Engineering. R• Surveying • Planning Z. 7) Should the work not be completed to the City's 'satisfaction by June, 2, 2012; Croell Redi Mix authorizes the Cityao 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. I ,. y 8) Should all lots be -sold at that'time,rCroell Redi mix agrees to pay the City in full W ` for the costs of the improvements within thirty days. The above mentioned terms of this Agreement are acceptable to the.following interested parties: f - F - Tim Herold, Croel Redi Mix Authorized Representative Date X z /r Mike Hart, Hart -Frederick Consultants, P.C. Date X171, Brett-Mehmen, Public Works, City of Tiffin Date S _ 4 4 t. � t w a w 4 1 f g d M ' 0 ,Resolution 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 y 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: ti See attached Exhibit "A" that is incorporated in to this agreement. AND WHEREAS, the City ofTiffinwill 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; s. p 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; t 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. " F 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, r 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. 9 # f' y F r !