HomeMy WebLinkAboutRESOLUTION NO. 2022-02RESOLUTION NO. 2022-02
RESOLUTION APPROVING THE AMENDED DEVELOPMENT AGREEMENT
FOR HEARTLAND HEIGHTS FIRST ADDITION IN THE CITY OF FAIRFAX,
LINN COUNTY, IOWA
WHEREAS, an Amended Development Agreement for Heartland Heights First Addition in the City
of Fairfax, Linn County, Iowa has been subinitted to the City of Fairfax by Iowa Lot Development, LLC; and
WHEREAS, said Amended Development Agreement, revises Recitals Numbers 30, 31, and 39 of
the Heat-tland Heights First Addition Development Agreeinent as previously approved by the City with
Resolution No. 2017-11 on March 14`�', 2017; and
WHEREAS, Hall and Hall Engineers, Inc. has reviewed said Amended Development Agreement for
Heartland Heights First Addition Final Plat and recommends approval of said Amended Developinent
Agreement for Heartland Heights First Addition in the City of Fairfax, Linn County, Iowa.
NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Fairfax, Iowa, that
the Amended Development Agreement for the final Plat of Heartland Heights First Addition in the City of
Fairfax, Linn County, Iowa, are hereby acknowledged and approved on the part of the City of Fairfax, Linn
County, Iowa.
BE IT FURTHER RESOLVED, by the City Council of Fairfax, Iowa, that the Mayor and the City
Clerk/Treasurer are hereby authorized and directed to execute said Resolution.
Passed aild approved this 1 lt�' day of January, 2022.
AYES: Nurre, Daly, Pacha, Volk, and Wainwright
NAYS: None
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urnell Frieden, Mayor
ATTEST:
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Cyn ia Stiinson, City Clerk/Treasurer
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AMENDED DEVELOPMENT AGi2EEMEIVT
This Amended Development Agreement (this "Agreement" f is entered into this 11t'' day of January,
2022, by and between the undersigned property owner (hereinafter referred to as the IaEVEI.Of�EFt) ar�d the
City of Fairfax, linn County, lowa {hereinafter referred to as the CITY}.
RECITALS
1. The DEVELOPER is owner of the following described property:
Lot 1 of Heartland Heights First Addition in the City of Fairfax, Linn County, lowa as recorded in Bcae�k 9796
and Page 433 of the Office of the Linn County Recorder.
2. Remove Recital Numbers 30, 31, and 39 of the Heartland Heights F'rrs� Additiar� Developmer�t
Agreement as signed by the DEVELOPERS on March 16th, Z017 anci approved by the Cll`Y with
Resolution No. 2017-11 on March 14, 2017.
3. Replace said Recital Numbers 30, 31, and 39 with the followir�g Recitals:
4. Access to Lot 1 shall be restricted to one access at Beverly Rnad (Lot 1 shall not have direct access to
80th Street SW). This one access at Beverly Road shall be a shared access with the f�rtur�� comrnerci�l
lot immediately west of lot 1. This access shall be located along the west properly liri� c>f Lat 1 and
aligned with Applewood Drive located south of Beverly Road. At the time that either l.o� �. or the
adjacent future commercial lot develops, the DEVELOPER shall provide an access at this locatic�n to
serve both Lot 1 and the future commercial Lot located just west of Lot 1.
A grass, single lane access shall be provided from 80th Street to the northeasi corner nf Lot 1 ta allaw
franchise utilities companies access to their infrastructure located in the nortl��east corn�r of Lot 1.
This access to 80th Street from Lot 1 shall only be used by the franchise utility compar�i�s (and their
representatives) that have utifities located in the northeast corner of Lot 1, and for emergency
purposes only. No one other than the franchise utility companies and their representatives sh<�II be
allowed to use this access unless de2med necessary for emergency purposes.
5. $Oth Street SW, lacated along the east side of Heartland Heights First Addition in the City of Fairfax,
Linn County, lowa, and more particularly along the east side of Lofis 1, 2, 3, 4, 5, and 6 of said
Addition, is currently a two-lane rural roadway. At some time in the future, the CP1'Y will im�rove
80th Street SW along the east side of these six Lots to a widened urban sectior�. The DEVELOPER
agrees to provide a signed Temporary Construction Easement Agreement to the (:ITY for gradin� of
slopes to be done in conjunction with the widening / impravements of 80`h 5treet SW adjoining Lots
1, 2, 3, 4, 5, and 6. This temporary construction easement shall be for the purpose o� gracJir�l; slopes
and other construction activities upon a portion of the rea! property of Lots 1, 2, 3, �, 5, and 6 of
Heartland Heights First Addition as deemed necessary to improve 80th Street SW. Said Temporary
Canstruction Easement Agreement shall be provided to the DEVELOPER by the CITY at such time as
the CITY deems said easement necessary. The DEVELOPER shall provide to the CITY ex�c�ated
Temporary Construction Easement Agreement(s) at no cost to the C17Y. Within 50 feet of the east
property line of Lots 2 thraugh 6 all inclusive {the west right-of-way line of 80`�' Street SW, or Lot Aj,
the DEVELOPER agrees to remove and replace any and all structures, fencing, landscapirig, trees,
shrubs, any vegetation other than standard turf grass, playgraund equi�menl, signs, or any olh�ar
items that may be located within these Temporary Construction EasemE�nts at nc� expense to t.he
CITY.
Within 25 feet af the east property line of Lot 1(the west right-of-way line of 80th Street SW, ar Lot
Aj and within 25 feet of #he south property line of Lot 1(the north right-of-way line of F.3everly Road,
or Lot B) located within the first 100 feet west of the west right-of-way line of 80'h Street, the
DEVELOPER agrees to remove and replace any and all structures, fencing, landscaping, trees, shrubs,
any vegetation other than standard turf grass, playground equipment, signs, ar any other iterr�s that
may be located within these Temporary Construction Easements at no expense to the CITY.
These temporary easements shall become null and void at the time that the City accepts the �ublic
improvements for converting SOL'' Street into a widened street with an urban section and tl�se r�lated
public improvements to the 80"' Street and Beverly Road Intersection.
Dated: _���su�c��, 2022
IOWA LOT DEVELOPMENT, LLC
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Shane A. Schrader, Member— Manager
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Bruce G. Sevig, Member—Ma ager
STATE OF IOWA, COUNTY OF LINNJ
This instrument was ackreowledged before me on this �`�� day of _��2f��,��_,..__, �022 by
Shane A. Schrader, Member - Manager of lowa Lot Development, Li.0 and by Bruce G. Sevi�, Memb�r—
Manager of lowa tot Development, LLC
Notary Public in and for the State of lowa
DAlll� li. �'UER
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