HomeMy Public PortalAboutResolutions-2013-210 (2)u
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Prepared by: Michel J. Pugh One South Gilbert Street (319) 358-5562
Bradley & Riley PC Iowa City, IA 52240 FAX(319)358-5560
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PARTIAL RELEASE AND ESCROW AGREEMENT
-HICKORY KNOLL
THIS PARTIAL RELEASE AND ESCROW AGREEMENT, is made by and between the City
of, Tiffin, Iowa, a municipal corporation, hereinafter referred to as "City," and Hickory Knoll
Development, LLC, hereinafter referred to as "Developer." a
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IN,. CONSIDERATION OF THE MUTUAL PROMISES CONTAINED HEREIN, THE
PARTIES AGREE'AS FOLLOWS:
1. City and Developer entered into that certain Developer's Agreement for a proposed
subdivision known as Hickory Knoll (the "Subdivision") dated October :8, 2013 and
recorded October 10, 2013 in Book 5169, Page 603 of the Records of the Johnson
County Recorder, the terms of which require the Developer to construct certain public
improvements (the "Improvements") within the Subdivision. The parties further
acknowledge that this obligation is deemed a covenant running with the land and -with
titleto the land.
2. ' The City `acknowledges that construction of the Improvements, has been substantially
completed, ,but that due to the timing of the project a final release by the City is not yet
appropriate. For this reason; the Developer's Agreement constitutes a lien and cloud on
' the property in the Subdivision.
3. That a $110,000.00 cash payment (the "Escrow Funds") has been placed in escrow with
the I City for completion of the Improvements within the Subdivision. The parties
acknowledge that the Escrow Funds are being retained by the City pending completion
of the Improvements, as certified by the City Engineer, and issuance of a final release by
,the'City for the Improvements.
< 4. In consideration of, the ',Cit , s release of its lien on the Subdivision,, Developer agrees
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that the lien on the Subdivision shall be transferred to and shall immediately attach to the
Escrow Funds, and that. this lien shall remain attached to the Escrow Funds until such
{01601035.DOCX)
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time as the Improvements have been completed to the satisfaction of the City Engineer:
i) installation of asphalt surfacing on Gable Way and the private drive; ii) installation of
street lights; iii) connecting the water main in the Subdivision to the water main installed
by the City; and iv) satisfactory testing of the water main once the connection is
complete. At such time, the City shall issue a final release to the Developer for
recordation and release the Escrow Funds to Developer.
5. If the Developer does not complete installation of the Improvements, the City shall be
entitled to draw on the Escrow Funds to complete construction of the Improvements.
a.
6. Developer agrees that the Escrow Funds shall be retained until all Improvements have
been completed and a release has been issued by the City as provided above. If, as of
July'l, 2014, the Improvements have not been constructed'and installed, the City may
use any, Escrow Funds to construct and install the Improvements. If the cost of
construction and• installing of said Improvements ekceeds the- amount of the Escrow
Funds, the City shall have a lien and charge against all of the lots in the subdivision for
the balance of the cost's.
7. In consideration thereof, the City does hereby release Hickory Knoll from any lien or
cloud now placed on the title .to the Subdivision as a result of the Developer's
Agreement.
8. This Partial Release shall not be construed as a release of the Developer's obligations to,
complete the Improvements.
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9. No building, permits will be issued until all improvements have been completed as
specified in this agreement. Lots may be transferred or conveyed upon the recording of
this document.
Dated:
'HICKORY KNOLL DEVELOPMENT, LLC
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By:
Swen Larson, Manager ,
By.
Joel McCaw, Manager
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CITY OF TIFFIN, IOWA
{01601035.DOCX}
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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.
On the 11th day of December, at a regular meeting of the Tiffin City Council, Tiffin, Iowa,
Councilperson Ryan introduced Resolution No. 2013-211 A RESOLUTION
APPROVING THE FINAL PLAT AND BUT NOT ACCEPTING IMPROVEMENTS OF
HICKORY KNOLL, A SUBDIVISION OF TIFFIN, JOHNSON COUNTY, IOWA and,
made a motion for approval., Motion seconded by Councilperson Kahler.
Ayes: Kahler,' Ryan, Bartels, Upton
Nays: none.
Absent: Phillips ,
Whereupon four Council members were present and voted approval and Mayor Berner
declared.that the Resolution No. 2013-211, A RESOLUTION APPROVING THE
FINAL PLAT AND BUT NOT ACCEPTING IMPROVEMENTS OF HICKORY KNOLL,
A SUBDIVISION OF TIFFIN, JOHNSON, COUNTY, IOWA to be adopted and signified
his approval of the same by affixing his signature thereto.
Passed by the City Council on the 11th day•of December, 2013.
City -of Tiffin
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Steven L. Berner, Mayor
ATTEST:
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' Michon. J on, City Administrator/Clerk
Exhibit "A" Legal Description
Exhibit `B" Escrow Agreement
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By:
Steve Berner, Mayor
ATTEST -
By:
Micho" Ja son, City Clerk
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STATE OF IOWA, COUNTY OF JOHNSON) ss:
This instrument was acknowledged before me on this day of , 2013
.by Swen Larson and Joel McCaw as Managers of Hickory Knoll Development, LLC.
Notary Public in and for said State
STATE OF iOWA, COUNTY OF JOHNSON) ss:
On this day of 2013, before me, the undersigned, a
Notary Public in and for the State of Iowa, personally appeared Steve Berner and Michon
Jackson, to 16 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 municipal corporation; and that
the instrument was signed and sealed on behalf of the municipal corporation by the authority of
its City Council, as contained in Resolution No. of the City Council on the
day of 1 , 2013; and that Steve Berner and Michon Jackson'acknowledged
the execution of the instrument to be their voluntary act and deed and the ,voluntary act and deed
of the corporation, by it and by them voluntarily executed.
Notary Public in and for said State
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{01601035.Docx}
620.93'
S 50.00
N86'51'02"E 705.89'
2'
a
OUTLOT "C"-
-,_770,558 SF
17.69 AC
TO BE DEDICATED TO THE CITY OF TIFFIN
70.07 L4
Iv
IN
A
A (n
O
70 o
c,3
15.0' UTILITY I
1"4
EASEMENT I N �I
' g5
/ �a"' WI w
t � ,
,C8
94'14'41"
50.00'
82.24'
53.85'
73.28'
S66'1 4'36"E
C9
81'37'17"
50.00'
71.23'
43.18'
65.36'
N21*41'23"E
C10
97'16'08"
50.00'
84.88'
56.78'
75.05'
S68'51'55"E
C11'
46'34'03"
30.00'
24.38'
12.91'
23.72'
543'30'53"E
C12
23'27'31
315.00'
128.97'
65.40'
128.07'
S78'31'40"E
C13
.9'50'17
315.00'
54.09'
27.11'
54.02'
N84'49'26"E
C14
41'11'01
325.00'
233.61'
122'11'
'228.61'
S79'30'12"E
C15
39'20'05"
400.00'
274.61'
142.96'
269.25'
S71 '23'56"E
C16
48'21'49"
300.00'
253.23'
134.71'
245.78'
S75'54'48"E
C17
33'17'49"
340.00'
197.59'
101.67'
194.82'
S83'26'48"E
ZOPOINT OF BEGINNING
DOD ^�� I NORTH QUARTER CORNER
1p0�(EPRF` �`OD�o 15.0' UTILITY 70 rn OF
7 W I SECTION 34-T80N-R7W
EASEMENT I ,
OF THE FIFTH P.M.
189.47"
I I o FOUND PK NAIL
N84'25'56"W N00'S4'00"W I U BOOK 57 AT PAGE 352
fi3 COMMON INGRESS
EGRESS, AND UTILITY 26'86 I i amu',
51431 3 EASEMENT 50'
,
rSOo'34'54'W F / 1
54"W 70.77' �o o pRIVATEDRIVE
i 58.
SF
NC
EDED
T6
j�o
' C
07"E o ">
7
9' 66,7 SF
89
s9+ 1.54 AC
c'
- C11
50_
gCo.
0' 1327.14'
N89'25'14"E
`rir
9
76.87'
3.43 AC
spy
223,654 SF
s
5.13 AC
j�o
' C
07"E o ">
7
9' 66,7 SF
89
s9+ 1.54 AC
c'
- C11
50_
z6.( - -
S51'37'37"W C6
' 97.51'
4 SANITARY
104,554 SF SEWER AND
2.40 AC FORCEMAIN
G
265.27'
gCo.
LENGTH
N89'59'54"W
r
`rir
149,202 SF
�s
3.43 AC
EASEMENT
15.0' UTILITY
IN
A
EASEMENT
5.01'
C12_
C14
C13
1
�5� -
---
T
! r,
L3 ,
z6.( - -
S51'37'37"W C6
' 97.51'
4 SANITARY
104,554 SF SEWER AND
2.40 AC FORCEMAIN
G
265.27'
I I 1
LENGTH
N89'59'54"W
r
I'
15`.0' UTILITY
.Ln
io
to
EASEMENT
I A
IN
A
42.50
I
I'rn0
�o
�
1
�m
o
0
50.18
ACRES
2.66 ACRES
(\
107,825 SF
I 4
0
2.48 AC
p1
I�
1 tl
327.17'
I I 1
LENGTH
BEARING
I'
18.63
588'56'01 "W
to
71.31
2
IN
A
42.50
98,835 SF Y
�o
�
84.10
2.27 AC
TOTAL
50.18
ACRES
2.66 ACRES
(\
o
w
15.0' UTILITY
I�
EASEMENT
CSC4 \ C2 \
C1
I I p
15.0' UTILITY
EASEMENT \ �� J
L
\`
Cl;
' 108,900 SF __0
ri ..
C.
UNLESS NOTED OD
DESCRIPTION HICKOR.Y_KNOLL_
I CERTIFY THAT DURING THE, MONTH OF AUGUST, 2013 AT T
SURVEY WAS MADE UNDER MY SUPERVISION OF A PORTION 01
OF SECTION 27, AND A PORTION OF THE NORTHEAST QUARTE
TOWNSHIP 80 NORTH, RANGE 7, WEST, OF THE FIFTH PRINCIPAL
FOLLOWS:
BEGINNING at the North Quarter Corner of Section 34, Townsh
Thence S00'54'00"E, along the East Line of the Northeast
distance of 929.03 feet, to the Northeast Corner of Soutl
Quarter; Thence S89'28'40"W, along the North Line of said �
Auditor Parcel 2005071, in accordance with the Plat thereof F
the Johnson County Recorder's Office; Thence N01'17'14"W,
distance of 462.05 feet, to the Northeast Corner thereof; Th
of said Northeast Quarter of the Northwest Quarter; Thenct
Northwest Corner of said,Northeast Quarter of the Northwest
Southeast Quarter of the Southwest Quarter of Section 27,
Meridian, 717.18 feet, to its intersection with the South Ric
N86'51'02"E, along said Right -of -Way Line, 620.93 feet; Then'
Thence N86'51'02"E, along said Right -of -Way Line, 705.89 fee
Quarter of the Southwest Quarter, Thence S00'35'55"E, alon,
Said tract of land contains 50.18 Acres,'and is subject to ea:
LINE SEGMENT TABLE
LINE
LENGTH
BEARING
L1
18.63
588'56'01 "W
L2
71.31
N51'43'54"W
L3
42.50
579'54'17"W
L4
84.10
566'47'54"E
TOTAL
50.18
ACRES
gyI here
the n
perso
LANDu�iiiiiiiiiiii//1111 under
_\ 6
AREA
SUMMARY
TABLE
1/4 - 1/4
ACRES
AREA IN ROW
SE - SW
21.95
ACRES
1.19 ACRES
NE - NW
28.23
ACRES
1.47 ACRES
` GLEN D. • o = GLEN
-�= MEISNER =7D-
' 8165 _ My lic
Page:
II SEAL
AREA
SUMMARY
TABLE
1/4 - 1/4
ACRES
AREA IN ROW
SE - SW
21.95
ACRES
1.19 ACRES
NE - NW
28.23
ACRES
1.47 ACRES
TOTAL
50.18
ACRES
2.66 ACRES
` GLEN D. • o = GLEN
-�= MEISNER =7D-
' 8165 _ My lic
Page:
II SEAL
II SEAL