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RESOLUTION NO. 2016-045
A RESOLUTION AUTHORIZING THE ENTERING INTO AN AGREEMENT WITH
TIFFIN HEIGHTS EAST OF TIFFIN, IOWA FOR A DEVELOPER'S AGREEMENT
Whereas, MMS Consultants, on behalf of the Builders LLC, has filed with the City of
Tiffin a preliminary plat for Tiffin Heights East, a sub -division to the City of Tiffin, Iowa,
legally described on attached Exhibit "A", hereby incorporated, and;
Whereas, Resolution 2016-044 was approved by City Council on July 19, 2016,
approving the preliminary plat for said development, and;
Whereas, the Developer's Agreement will include any and all particulars to the
approved preliminary plat for Tiffin Heights East,
Now, therefore be it resolved by the City Council of the City of Tiffin, Iowa, that the
Attorneys representing Tiffin Heights East and the City of Tiffin have reviewed and have
taken under consideration all requested revisions to be made by the City Council of
Tiffin. The City Council now having further reviewed the Developer's Agreement and do
now approve the Agreement as printed and authorize the Mayor and City
Administrator/Clerk to enter into an agreement with Tiffin Heights East to fully execute
the revised document.
On the 19th day of July, 2016, at a regular meeting of the Tiffin City Council, Tiffin, Iowa,
Councilperson Kahler introduced RESOLUTION NO. 2016-045, A RESOLUTION
AUTHORIZING THE ENTERING INTO AN AGREEMENT WITH TIFFIN HEIGHTS
EAST OF TIFFIN, IOWA FOR A DEVELOPER'S AGREEMENT and made a motion for
approval. Motion seconded by Councilperson Ryan.
Ayes: Bartels, Havens, Kahler, Upton, Ryan
Nays: None.
Absent: None.
Whereupon Ryan Council members were present and voted approval and Mayor Berner
declared that RESOLUTION NO. 2016-045, A RESOLUTION AUTHORIZING THE
ENTERING INTO AN AGREEMENT WITH TIFFIN HEIGHTS EAST OF TIFFIN, IOWA
FOR A DEVELOPER'S AGREEMENT to be adopted and signified his approval of the
same by affixing his signature thereto.
Passed by the City Council on the 19th day of July, 2016.
ATTEST:
Doug' oldt; City Administrator/Clerk
City of Tiffin
Steven L. Berner, Mayor
Exhibit "A" Legal Description - Tiffin Heights East
DESCRIPTION - REZONING R -1C TO R-11) REZONING 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 S00046'56"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 N14034'01"W;
Thence N89012'07"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 - REZONING R -1C TO R-11) REZONING 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 589'14'13"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 - REZONING R-4 TO R-11) REZONING
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
a
1.
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 N37046'54"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 - REZONING R -1E TO R-2 REZONING
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 N89031'35"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
S79050'51"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 N00045'47"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 - REZONING R -1E TO R -1C REZONING
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,
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 - REZONING R-4 TO R-2 REZONING
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 S00045'47"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 - REZONING R -1E TO R-11)
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
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.