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HomeMy WebLinkAboutRESOLUTION NO. 2017-74 RESOLUTION NO. 2017-74 RESOLUTION APPROVING THE FINAL PLAT AND DEVELOPMENT AGREEMENT FOR PRAIRIE CREEK ESTATES EIGHTH ADDITION TO FAIRFAX, LINN COUNTY, IOWA WHEREAS, a Final Plat of Prairie Creek Estates Eighth Addition to Fairfax, Linn County, Iowa has been submitted to the City of Fairfax by Legacy Land Investments, LLC; and WHEREAS, a Development Agreement, by and between Legacy Land Investments, LLC and the City of Fairfax, for said Prairie Creek Estates Eighth Addition has been prepared as part of the Prairie Creek Estates Eighth Addition Final Plat Bound Documents; and WHEREAS, Hall and Hall Engineers, Inc. has reviewed said Final Plat of Prairie Creek Estates Eighth Addition to Fairfax, Linn County, Iowa, and the Development Agreement for said Prairie Creek Estates Eighth Addition, and has found said Final Plat and Development Agreement to be in accordance with the provisions of the laws of the State of Iowa and the ordinances of the City of Fairfax, Iowa, in relation to this development within the City of Fairfax, and has further recommended approval of said Final Plat and Development Agreement. NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Fairfax, Iowa, that the Final Plat of Prairie Creek Estates Eighth Addition to Fairfax, Linn County, Iowa and the Development Agreement for said Prairie Creek Estates Eighth Addition 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 and approved this 8"' day of August, 2017. AYES: Beer, Daly, Kell, and Wainwright NAYS: None ABSENT: Volk ` F Burnell Frieden, Mayor ATTEST: 7 d/ nthia Stimson, City Clerk/Treasurer W. �4 CIDP Prairie Creek Estates 8t" Addition to Fairfax, Linn County, Iowa Closure Summary Boundary Precision, 1 part in: 251050.211' Error distance: 0.009' Error direction: N78° 15'55.23"E Area: 223349.72 Sq. Ft. Square area: 223349.721 Perimeter: 2306.770' Point of Beginning E asti ng: 5380588.3296' Northing: 3444702.1537' Side 1: Line Direction: NO2°30' 15.00'W Angle: [177.4958(d)] Deflection angle: [-002.5042(d)] Distance: 272.880' Easti ng: 5380576.4069' Northing: 3444974.7731' Side 2: Line Direction: N59°30'52.00"E Angle: [-117.9814(d)] Deflection angle: [062.0186(d)] Distance: 371.550' Easti ng: 5380896.5928' Northing: 3445163.2683' Side 3: Line Direction: N65° 14'03.00"E Angle: [-174.2803(d)] Deflection angle: [005.7197(d)] Distance: 100.500' Easti ng: 5380987.8495' Northing: 3445205.3688' Side 4: Line Direction: N59° 30'52.00"E Angle: [174.2803(d)] Deflection angle: [-005.7197(d)] Distance: 259.660' Easting: 5381211.6134' Northing: 3445337.0998' Side 5: Line Direction: S27°20'59.00"E Angle: [-086.8642(d)] Deflection angle: [093.1358(d)] Distance: 176.080' Ea sti ng: 5381292.5081' Northing: 3445180.7022' Side 6: Line Direction: S27° 18'05.00'W Angle: [-125.3489(d)] Deflection angle: [054.6511 (d)] Distance: 14.380' Easti ng: 5381285.9124' Northing: 3445167.9241' Side 7: Line Direction: S84° 51'34.00'W Angle: [-122.4419(d)] Deflection angle: [057.5581 (d)] Distance: 139.380' Easti ng: 5381147.0930' Northing: 3445155.4357' Side 8: Line Direction: S27°55'09.00"E Angle: [067.2214(d)] Deflection angle: [-112.7786(d)] Distance: 60.000' Ea sti ng: 5381175.1866' Northing: 3445102.4192' Side 9: Line Direction: S23° 17' 11.00"E Angle: [-175.3672(d)] Deflection angle: [004.6328(d)] Distance: 111.130' Easti ng: 5381219.1193' Northing: 3445000.3418' Side 10:Line Direction: SO4°57'25.00"E Angle: [-161.6706(d)] Deflection angle: [018.3294(d)] Distance: 43.270' Easti ng: 5381222.8581' Northing: 3444957.2336' Side 11: Line Direction: S65°29'00.00'W Angle: [-109.5597(d)] Deflection angle: [070.4403(d)] Distance: 384.450' Easti ng: 5380873.0699' Northing: 3444797.7031' Side 12: Line Direction: S88°32' 18.00'W Angle: [-156.9450(d)] Deflection angle: [023.0550(d)] Distance: 88.480' Easti ng: 5380784.6187' Northing: 3444795.4461' Side 13: Line Direction: S02°23'49.00"E Angle: [089.0647(d)] Deflection angle: [-090.9353(d)] Distance: 85.000' E asti ng: 5380788.1736' Northing: 3444710.5205' Side 14: Line Direction: S87°36' 11.00'W Angle: [-090.0000(d)] Deflection angle: [090.0000(d)] Distance: 200.010' Easti ng: 5380588.3386' Northing: 3444702.1556' Lott Closure Summary Precision, 1 part in: 297787.585' Error distance: 0.002' Error direction: N16°07'56.96"W Area: 17353.97 Sq. Ft. Square area: 17353.972 Perimeter: 529.640' Point of Beginning Ea sti ng: 5378531.4898' Northing: 3445093.3185' Side 1: Line Direction: S87°36' 11.00V Angle: [087.6031 (d)] Deflection angle: [-092.3969(d)] Distance: 140.010' Ea sti ng: 5378391.6023' Northing: 3445087.4629' Side 2: Line Direction: NO2°30' 15.00'W Angle: [-090.1072(d)] Deflection angle: [089.8928(d)] Distance: 124.280' Ea sti ng: 5378386.1722' Northing: 3445211.6242' Side 3: Line Direction: N88°06'58.00"E Angle: [-089.3797(d)] Deflection angle: [090.6203(d)] Distance: 142.270' Ea sti ng: 5378528.3653' Northing: 3445216.3012' Side 4: Line Direction: SOI'54'05.00'W Angle: [-086.2147(d)] Deflection angle: [093.7853(d)] Distance: 26.980' Ea sti ng: 5378527.4702' Northing: 3445189.3361' Side 5: Line Direction: SOT 23'49.00"E Angle: [175.7017(d)] Deflection angle: [-004.2983(d)] Distance: 96.100' Ea sti ng: 5378531.4893' Northing: 3445093.3202' W2 Closure Summary Precision, 1 part in: 69275.536' Error distance: 0.009' Error direction: S88° 12'04.49"E Area: 23793.03 Sq. Ft. Square area: 23793.027 Perimeter: 601.550' Point of Beginning Easti ng: 5378528.3658' Northing: 3445216.3041' Side 1: Line Direction: S88°06'58.00'W Angle: [088.1161 (d)] Deflection angle: [-091.8839(d)] Distance: 142.270' Easti ng: 5378386.1727' Northing: 3445211.6271' Side 2: Line Direction: NO2°30' 15.00'W Angle: [-090.6203(d)] Deflection angle: [089.3797(d)] Distance: 148.600' Easti ng: 5378379.6801' Northing: 3445360.0852' Side 3: Line Direction: N59°30'52.00"E Angle: [-117.9814(d)] Deflection angle: [062.0186(d)] Distance: 63.620' Easti ng: 5378434.5051' Northing: 3445392.3610' Side 4: Line Direction: S54°22'32.00"E Angle: [-113.8900(d)] Deflection angle: [066.1100(d)] Distance: 155.630' Easti ng: 5378561.0093' Northing: 3445301.7112' Side 5: Line Direction: S20°54'44.00'W Angle: [-104.7122(d)] Deflection angle: [075.2878(d)] Distance: 91.430' Ea sti ng: 5378528.3745' Northing: 3445216.3039' Lot3 Closure Summary Precision, 1 part in: 54932.870' Error distance: 0.010' Error direction: N38° 11' 15.85"E Area: 18227.24 Sq. Ft. Square area: 18227.242 Perimeter: 554.840' Point of Beginning Ea sti ng: 5378560.9998' Northing: 3445301.7097' Side 1: Line Direction: N54°22'32.00'W Angle: [125.6244(d)] Deflection angle: [-054.3756(d)] Distance: 155.630' Ea sti ng: 5378434.4956' Northing: 3445392.3595' Side 2: Line Direction: N59°30'52.00"E Angle: [-066.1100(d)] Deflection angle: [113.8900(d)] Distance: 167.690' Easti ng: 5378579.0037' Northing: 3445477.4322' Side 3: Line Direction: S29°33'04.00"E Angle: [-089.0656(d)] Deflection angle: [090.9344(d)] Distance: 127.400' E asti ng: 5378641.8373' Northing: 3445366.6049' Side 4: Line Direction: S60°33'30.00'W Angle: [-089.8906(d)] Deflection angle: [090.1094(d)] Distance: 26.440' E a sti ng: 5378618.8119' Northing: 3445353.6087' Side 5: Line Direction: S48°05' 11.00'W Angle: [167.5281 (d)] Deflection angle: [-012.4719(d)] Distance: 77.680' E a sti n g: 5378561.0061' Northing: 3445301.7177' Lot4 Closure Summary Precision, 1 part in: 133758.712' Error distance: 0.004' Error direction: N69°08'27.77"E Area: 15938.14 Sq. Ft. Square area: 15938.136 Perimeter: 505.080' Point of Beginning Ea sti ng: 5378749.8241' Northing: 3445427.5526' Side 1: Line Direction: S60° 33'30.00'W Angle: [060.5583(d)] Deflection angle: [-119.4417(d)] Distance: 124.000' Easti ng: 5378641.8379' Northing: 3445366.6020' Side 2: Line Direction: N29°33'04.00'W Angle: [-090.1094(d)] Deflection angle: [089.8906(d)] Distance: 127.400' Ea sti ng: 5378579.0042' Northing: 3445477.4293' Side 3: Line Direction: N59°30'52.00"E Angle: [-090.9344(d)] Deflection angle: [089.0656(d)] Distance: 124.020' Ea sti ng: 5378685.8794' Northing: 3445540.3473' Side 4: Line Direction: S29°33'04.00"E Angle: [-089.0656(d)] Deflection angle: [090.9344(d)] Distance: 129.660' E a st i n g: 5378749.8276' Northing: 3445427.5540' Lot5 Closure Summary Precision, 1 part in: 132155.004' Error distance: 0.004' Error direction: N88°56'34.52"W Area: 15639.52 Sq. Ft. Square area: 15639.520 Perimeter: 499.910' Point of Beginning Ea sti ng: 5378857.8105' Northing: 3445488.5035' Side 1: Line Direction: S60°33'30.00'W Angle: [060.5583(d)] Deflection angle: [-119.4417(d)] Distance: 124.000' E asti ng: 5378749.8242' Northing: 3445427.5529' Side 2: Line Direction: N29°33'04.00'W Angle: [-090.1094(d)] Deflection angle: [089.8906(d)] Distance: 129.660' Easti ng: 5378685.8760' Northing: 3445540.3462' Side 3: Line Direction: N59°30'52.00"E Angle: [-090.9344(d)] Deflection angle: [089.0656(d)] Distance: 16.230' Ea sti ng: 5378699.8623' Northing: 3445548.5800' Side 4: Line Direction: N65° 14'03.00"E Angle: [-174.2803(d)] Deflection angle: [005.7197(d)] Distance: 100.500' Ea sti ng: 5378791.1190' Northing: 3445590.6805' Side 5: Line Direction: N59°30'52.00"E Angle: [174.2803(d)] Deflection angle: [-005.7197(d)] Distance: 7.620' Easti ng: 5378797.6856' Northing: 3445594.5463' Side 6: Line Direction: S29°33'04.00"E Angle: [-089.0656(d)] Deflection angle: [090.9344(d)] Distance: 121.900' Easti ng: 5378857.8067' Northing: 3445488.5036' Loth Closure Summary Precision, 1 part in: 58881.476' Error distance: 0.008' Error direction: S33° 18'45.86"W Area: 15322.76 Sq. Ft. Square area: 15322.761 Perimeter: 496.410' Point of Beginning Easti ng: 5378857.8105' Northing: 3445488.5035' Side 1: Line Direction: N29°33'04.00'W Angle: [150.4489(d)] Deflection angle: [-029.5511 (d)] Distance: 121.900' Ea sti ng: 5378797.6894' Northing: 3445594.5463' Side 2: Line Direction: N59°30'52.00"E Angle: [-090.9344(d)] Deflection angle: [089.0656(d)] Distance: 124.560' Ea sti ng: 5378905.0299' Northing: 3445657.7382' Side 3: Line Direction: S29°27'07.00"E Angle: [-088.9664(d)] Deflection angle: [091.0336(d)] Distance: 125.560' Easti ng: 5378966.7669' Northing: 3445548.4045' Side 4: Line Direction: S64°57'49.00'W Angle: [-085.5844(d)] Deflection angle: [094.4156(d)] Distance: 18.110' E asti ng: 5378950.3585' Northing: 3445540.7405' Side 5: Line Direction: S60°32'06.00'W Angle: [175.5714(d)] Deflection angle: [-004.4286(d)] Distance: 9.710' Easti ng: 5378941.9044' Northing: 3445535.9642' Side 6: Line Direction: S60°33'30.00'W Angle: [-179.9767(d)] Deflection angle: [000.0233(d)] Distance: 96.570' Ea sti ng: 5378857.8058' Northing: 3445488.4964' Lot? Closure Summary Precision, 1 part in: 117614.328' Error distance: 0.005' Error direction: N89° 15'08.49"W Area: 18959.16 Sq. Ft. Square area: 18959.161 Perimeter: 567.730' Point of Beginning Easti ng: 5378966.7651' Northing: 3445548.4085' Side 1: Line Direction: N29°27'07.00'W Angle: [150.5481 (d)] Deflection angle: [-029.4519(d)] Distance: 125.560' Easti ng: 5378905.0281' Northing: 3445657.7422' Side 2: Line Direction: N59°30'52.00"E Angle: [-091.0336(d)] Deflection angle: [088.9664(d)] Distance: 127.470' E a st i n g: 5379014.8763' Northing: 3445722.4104' Side 3: Line Direction: S27°20'59.00"E Angle: [-086.8642(d)] Deflection angle: [093.1358(d)] Distance: 176.080' E a sti n g: 5379095.7710' Northing: 3445566.0128' Side 4: Line Direction: S27° 18'05.00'W Angle: [-125.3489(d)] Deflection angle: [054.6511 (d)] Distance: 14.380' Easti ng: 5379089.1753' Northing: 3445553.2346' Side 5: Line Direction: N85°01'49.00'W Angle: [-112.3317(d)] Deflection angle: [067.6683(d)] Distance: 78.950' Easting: 5379010.5221' Northing: 3445560.0740' Side 6: Line Direction: S75°04'26.00'W Angle: [160.1042(d)] Deflection angle: [-019.8958(d)] Distance: 45.290' Easti ng: 5378966.7603' Northing: 3445548.4085' W8 Closure Summary Precision, 1 part in: 18455.862' Error distance: 0.024' Error direction: N17°03'24.83"W Area: 12027.73 Sq. Ft. Square area: 12027.733 Perimeter: 451.790' Point of Beginning Easting: 5378899.3971' Northing: 3445443.0780' Side 1: Line Direction: N60°33'30.00"E Angle: [-119.4417(d)] Deflection angle: [060.5583(d)] Distance: 90.800' Easting: 5378978.4708' Northing: 3445487.7096' Side 2: Line Direction: S23° 17' 11.00"E Angle: [-083.8447(d)] Deflection angle: [096.1553(d)] Distance: 111.130' Easting: 5379022.4036' Northing: 3445385.6322' Side 3: Line Direction: SO4°57'25.00"E Angle: [-161.6706(d)] Deflection angle: [018.3294(d)] Distance: 43.270' Easting: 5379026.1424' Northing: 3445342.5240' Side 4: Line Direction: S65°29'00.00'W Angle: [-109.5597(d)] Deflection angle: [070.4403(d)] Distance: 62.020' Easting: 5378969.7141' Northing: 3445316.7883' Side 5: Line Direction: N29°06'24.00"W Angle: [-094.5900(d)] Deflection angle: [085.4100(d)] Distance: 144.570' Easting: 5378899.3899' Northing: 3445443.1014' Lot9 Closure Summary Precision, 1 part in: 101082.282' Error distance: 0.004' Error direction: S28°41'41.82"W Area: 12128.27 Sq. Ft. Square area: 12128.270 Perimeter: 454.150' Point of Beginning Ea sti ng: 5378969.6979' Northing: 3445316.8073' Side 1: Line Direction: S65°29'00.00'W Angle: [065.4833(d)] Deflection angle: [-114.5167(d)] Distance: 86.680' Ea sti ng: 5378890.8329' Northing: 3445280.8387' Side 2: Line Direction: N28°53'07.00'W Angle: [-094.3686(d)] Deflection angle: [085.6314(d)] Distance: 137.080' Easti ng: 5378824.6154' Northing: 3445400.8644' Side 3: Line Direction: N60°33'30.00"E Angle: [-090.5564(d)] Deflection angle: [089.4436(d)] Distance: 85.870' Ea sti ng: 5378899.3959' Northing: 3445443.0727' Side 4: Line Direction: S29°06'24.00"E Angle: [-089.6650(d)] Deflection angle: [090.3350(d)] Distance: 144.520' E asti ng: 5378969.6958' Northing: 3445316.8034' Lod 0 Closure Summary Precision, 1 part in: 57379.753' Error distance: 0.008' Error direction: N23°55'09.14'W Area: 11498.04 Sq. Ft. Square area: 11498.041 Perimeter: 439.410' Point of Beginning Easti ng: 5378890.8371' Northing: 3445280.8407' Side 1: Line Direction: S65°29'00.00'W Angle: [065.4833(d)] Deflection angle: [-114.5167(d)] Distance: 86.530' Easting: 5378812.1086' Northing: 3445244.9343' Side 2: Line Direction: N28°49' 19.00'W Angle: [-094.3053(d)] Deflection angle: [085.6947(d)] Distance: 129.660' Easti ng: 5378749.6009' Northing: 3445358.5323' Side 3: Line Direction: N60°33'30.00"E Angle: [-090.6197(d)] Deflection angle: [089.3803(d)] Distance: 86.140' E a sti ng: 5378824.6165' Northing: 3445400.8734' Side 4: Line Direction: S28°53'07.00"E Angle: [-089.4436(d)] Deflection angle: [090.5564(d)] Distance: 137.080' Easti ng: 5378890.8340' Northing: 3445280.8477' Lot11 Closure Summary Precision, 1 part in: 98518.722' Error distance: 0.004' Error direction: N76°47'27.25"W Area: 11102.19 Sq. Ft. Square area: 11102.195 Perimeter: 428.440' Point of Beginning Easti ng: 5378812.1085' Northing: 3445244.9343' Side 1: Line Direction: S65°29'00.00'W Angle: [065.4833(d)] Deflection angle: [-114.5167(d)] Distance: 87.890' Ea sti ng: 5378732.1427' Northing: 3445208.4636' Side 2: Line Direction: N29°21' 18.00'W Angle: [-094.8383(d)] Deflection angle: [085.1617(d)] Distance: 122.110' Ea sti n g: 5378672.2820' Northing: 3445314.8946' Side 3: Line Direction: N60° 33'30.00"E Angle: [-090.0867(d)] Deflection angle: [089.9133(d)] Distance: 88.780' Easti ng: 5378749.5966' Northing: 3445358.5333' Side 4: Line Direction: S28°49' 19.00"E Angle: [-089.3803(d)] Deflection angle: [090.6197(d)] Distance: 129.660' Easti ng: 5378812.1043' Northing: 3445244.9353' Lod 2 Closure Summary Precision, 1 part in: 121991.881' Error distance: 0.004' Error direction: S77°30'09.51"W Area: 10967.99 Sq. Ft. Square area: 10967.991 Perimeter: 435.850' Point of Beginning Easti ng: 5378732.1432' Northing: 3445208.4639' Side 1: Line Direction: S65°29'00.00'W Angle: [065.4833(d)] Deflection angle: [-114.5167(d)] Distance: 61.340' Ea sti ng: 5378676.3336' Northing: 3445183.0104' Side 2: Line Direction: S88°32' 18.00'W Angle: [-156.9450(d)] Deflection angle: [023.0550(d)] Distance: 88.480' E asti ng: 5378587.8824' Northing: 3445180.7534' Side 3: Line Direction: NO2°23'49.00'W Angle: [-090.9353(d)] Deflection angle: [089.0647(d)] Distance: 11.100' Easti ng: 5378587.4182' Northing: 3445191.8437' Side 4: Line Direction: N29°04'32.00"E Angle: [-148.5275(d)] Deflection angle: [031.4725(d)] Distance: 125.300' E asti ng: 5378648.3093' Northing: 3445301.3534' Side 5: Line Direction: N60°33'30.00"E Angle: [-148.5172(d)] Deflection angle: [031.4828(d)] Distance: 27.530' Easti ng: 5378672.2840' Northing: 3445314.8854' Side 6: Line Direction: S29°21' 18.00"E Angle: [-089.9133(d)] Deflection angle: [090.0867(d)] Distance: 122.100' Easti ng: 5378732.1397' Northing: 3445208.4631' ROW Mapcheck 16: ROW Closure Summary Precision, 1 part in: 154118.103' Error distance: 0.009' Error direction: S21°44'04.57"W Area: 39357.39 Sq. Ft. Square area: 39357.389 Perimeter: 1393.460' Point of Beginning E asti ng: 5377586.0750' Northing: 3445772.4625' Side 1: Line Direction: S87°36' 11.00"W Angle: [087.6031 (d)] Deflection angle: [-092.3969(d)] Distance: 60.000' Easti ng: 5377526.1275' Northing: 3445769.9532' Side 2: Line Direction: NO2°23'49.00'W Angle: [-090.0000(d)] Deflection angle: [090.0000(d)] Distance: 96.100' Ea sti ng: 5377522.1084' Northing: 3445865.9691' Side 3: Line Direction: NOV 54'05.00"E Angle: [-175.7017(d)] Deflection angle: [004.2983(d)] Distance: 26.980' Easti ng: 5377523.0036' Northing: 3445892.9343' Side 4: Line Direction: N20°54'44.00"E Angle: [-160.9892(d)] Deflection angle: [019.0108(d)] Distance: 91.430' E asti ng: 5377555.6384' Northing: 3445978.3416' Side 5: Line Direction: N48°05' 11.00"E Angle: [-152.8258(d)] Deflection angle: [027.1742(d)] Distance: 77.680' Ea sti ng: 5377613.4442' Northing: 3446030.2326' Side 6: Line Direction: N60°33'30.00"E Angle: [-167.5281 (d)] Deflection angle: [012.4719(d)] Distance: 371.010' E asti ng: 5377936.5407' Northing: 3446212.5978' Side 7: Line Direction: N60°32'06.00"E Angle: [179.9767(d)] Deflection angle: [-000.0233(d)] Distance: 9.710' Ea sti ng: 5377944.9947' Northing: 3446217.3741' Side 8: Line Direction: S27°55' 11.00"E Angle: [-088.4547(d)] Deflection angle: [091.5453(d)] Distance: 60.030' Easti ng: 5377973.1028' Northing: 3446164.3313' Side 9: Line Direction: S60°33'30.00'W Angle: [-091.5219(d)] Deflection angle: [088.4781 (d)] Distance: 379.120' Ea sti ng: 5377642.9437' Northing: 3445977.9797' Side 10: Line Direction: S29°04'32.00'W Angle: [148.5172(d)] Deflection angle: [-031.4828(d)] Distance: 125.300' Easti ng: 5377582.0526' Northing: 3445868.4701' Side 11: Line Direction: S02°23'49.00"E Angle: [148.5275(d)] Deflection angle: [-031.4725(d)] Distance: 96.100' Ea sti ng: 5377586.0717' Northing: 3445772.4541' Joel Gross From: Madoerin, Keith <KeithMadoerin@alliantenergy.com> Sent: Monday, August 07, 2017 4:16 PM To: Joel Gross Cc: Chris@mottingergroup.com Subject: RE: Prairie Creek Estates Eighth Addition Alliant Energy does not serve this area.Thank You! Kind regards, Keith Madoerin I Field Engineer I From: Joel Gross [mailto:joel@halleng.com] Sent: Monday, August 07, 2017 3:42 PM To: Madoerin, Keith Cc: Chris@mottingergroup.com Subject: Prairie Creek Estates Eighth Addition [This is an external email. Be cautious with links, attachments and responses.] Hello Keith, I am forwarding your contact email and phone info to Chris Mottinger, who has developed some land in Fairfax(Prairie Creek Estates, Eighth Addition. Can you provide us a utility sign off for this area? I understand that you guys don't service the area, so I just need an email stating that. I have copied Chris on this email. If you have any questions, please shoot him an email. Chris, if you want to follow up with a phone call, I have Keith's contact info below: Keith Madoerin I Field Engineer I ALLIANT ENERGY 1001 Shaver Road NE I Cedar Rapids, IA 52402 Office: (319) 786-1963 1 Cell: (319) 382.5567 alliantenergy.com 1 keithmadoeringalliant enercy.com Keith,You can send the email directly to me, as I am compiling documents for the council meeting. I have attached a sign off from Linn County REC to show you the area in question. Thank you for your help. Joel Gross, P.E., LEED AP ND Project Manager 1 Hall &Hall Engineers,Inc. 319.362.9548 Office Ext. 311 1 319.361.5935 Mobile 1860 Boyson Road I Hiawatha,IA 52233 www.Halleng.com I Joel..@hallenci.com_ Civil Engineers:Landscape Architects:Land Surveyors 2 tOfi-NN +a4�vnN laalad V!N /M�9 Poa� £££Z5 Om01.OlOs A CN fir(6V!➢ 4d uo[UP15oe od a6 111-n 4i12Td[eU3 anus a^u N zI n � - - PF �ll spuawlsanui Puol X-6a1 ,«a,io':7C�[I SD9t�'7d:L"'BTV O 0 0 _o II Fv Z A � a �! O �+ O N `V �. Op" r. 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Signed: Joel D Miller Linn County Auditor Hnr eountyauditor.orcg. �3 Public Service Center auditor@linncounty.org 935 Second Street Southwest Phone 319.892.5300 Cedar Rapids,Iowa 52404-2100 fax 319.892.5359 ALLTRANS Inc. 1930 St Andrews Ct NE, Cedar Rapids, IA 52402 (319) 393-8726 OWNER'S CERTIFICATE AND DEDICATION KNOW ALL MEN BY THESE PRESENTS THAT: Legacy Land Investments, L.L.C., being the owner(s) in fee of all the land which is included in PRAIRIE CREEK ESTATES EIGHTH ADDITION TO FAIRFAX, LINN COUNTY, IOWA, have caused a survey and subdivision of said land to be made, the lots and streets to be marked, named and numbered as shown by a plat dated July 19, 2017, with certificate of Thomas M Novick, Professional Land Surveyor, attached thereto, to the end that the same may be recorded and hereafter designated and known as PRAIRIE CREEK ESTATES EIGHTH ADDITION TO FAIRFAX, LINN COUNTY, IOWA. And, we (1), Legacy Land Investments, L.L.C., hereby acknowledge the subdivision of land shown on said plat to be by the free consent of the undersigned and in accordance with its desire; and do hereby set apart and dedicate to the public use, as public highway forever, all land in the streets as shown by said plat; and do hereby dedicate, as easements, all land in the easements as shown and described by said plat attached hereto and being a part of this document. Witness my (our) hand(s) this k1day ofj A.D., 2017 hris Mottinger, Leg and nvestments, L.L.C., STATE OF IOWA ) ) ss LINN COUNTY ) On this G day of A.D. 2 2017, before me, a Notary Public in and for County of Linn, State of Iowa, personally ap ear Chris M00 i r, to me known to be the person named in and who executed the foregoing instrument, and acknowledged that he executed the same as his voluntary act and deed. In witness whereof, I have hereunto signed my name and affixed my Notarial Seal the day and year last above written. 'ER VAa1:S 7 (a ,,.FSisEaft ® c,)mw,,bao,,NumBER 724643 / �� _ seg ia�� G� CIM® L, C'� UK Notary Public in and for Linn County, o� w State of Iowa ALLTRANS Inc. 1930 St Andrews Ct NE, Cedar Rapids, IA 52402 (319) 393-8726 CONSENT TO PLAT PRAIRIE CREEK ESTATES EIGHTH ADDITION TO FAIRFAX, LINN COUNTY, IOWA KNOW ALL MEN BY THESE PRESENTS THAT Legacy Land Investments, L.L.C., being the owner in fee of all the land which is included in PRAIRIE CREEK ESTATES EIGHTH ADDITION TO FAIRFAX, LINN COUNTY, IOWA, have caused a survey and subdivision of said land to be made, the lots and streets to be marked, named and numbered as shown by a plat dated July 19, 2017, with certificate of Thomas M. Novick, Professional Land Surveyor, attached thereto, to the end that the same may be recorded and hereafter designated and known as PRAIRIE CREEK ESTATES EIGHTH ADDITION TO FAIRFAX, LINN COUNTY, IOWA. And, Legacy Land Investments, L.L.C., hereby acknowledge the subdivision of land shown on said platto be by free consent of the undersigned and in accordance with its desire. Witness Legacy Land Investments, L.L.C. this ItVay of lik'04A.D., 2017. 77 Chris Mottinger ' owner's name owner's SigrWe STATE OF IOWA ) ) ss LINN COUNTY ) On this�day of ; tti A.D., 2017, before me, a Notary Public in and for County of Linn, State of Iowa, personally appear d Chris Mottinger, to me known to be the person named in and who executed the foregoing instrument, and acknowledged that he executed the same as his voluntary act and deed. In witness whereof, I have hereunto signed my name and affixed my Notarial Seal the day and year last above written. COMMISSION NUMSFR 724643 ($ , a PT Notary Public in and for Linn County, State of Iowa ALLTRANS Inc. 1930 St Andrews Ct NE, Cedar Rapids, IA 52402 (319) 393-8726 SURVEYOR'S CERTIFICATE Final Plat of Prairie Creek Estates Eighth Addition to Fairfax, Linn County, Iowa is part of Parcel B, Plat of Survey# 888 as recorded in Book 4553 Page 158 of records of Linn County Recorder, and Lot 3 of Prairie Creek Estates Seventh Addition, being that part of the NW 1/4 NW 1/4 and the SW 1/4 NW 1/4, both of Section 10, Township 82 North, Range 8 West, Linn County, Iowa, described as follows: Beginning at the Northeast Corner of Prairie Creek Estates Second Addition to Fairfax, Linn County, Iowa and a point on the South ROW Line of US HWY 151: thence N59°30'52"E along said South ROW Line, 371.55 feet; thence N65014'03"E Along said ROW line, 100.50 feet; thence N59030'52"E along said ROW Line of US HWY 151; 259.66 feet to the NW corner of Lot 4 Prairie Creek Estates Seventh Addition; Thence S27020'59"E along the West line of said Lot 4, 176.08 to the public Right of Way Line of Ridge View Court of the City of Fairfax Iowa; Thence S27'1 8'05"W along said Right of Way Line, 14.38 feet to the public Right of Way Corner of Ridge View Drive said City of Fairfax Iowa; Thence 143.12 feet along said Right of Way Line, Westerly along a 180 foot radius curve concave southerly with a central angle of 45°33'22", chord length 139.38 feet; Thence S27°55'09"E, 60.00 feet to the NW corner of lot 2 said Prairie Creek Estates 7th Addition; Thence S23°17'11"E along the West line of said Lot 2, 111.13 feet to the NW corner of Lot 1 said Prairie Creek Estates Seventh Addition; Thence SO4°57'25"E along the West line of said Lot 1, 43.27 feet to the NE corner of Prairie Creek Estates Sixth Addition to Fairfax, Iowa Thence S65029'00"W along the North line of said Prairie Creek Estates 6th Addition and the North line of Prairie Creek Estates 5th Addition to Fairfax, 384.45 feet to the NE corner of Lot 4 said Prairie Creek Estates Fifth Addition Thence S88'32'1 8"W, 88.48 feet to the NW corner of Lot 4 said Prairie Creek Estates Fifth Addition and Ridge View Dive public Right of Way Line of said City of Fairfax; Thence S02023'49"E along said Right of Way line, 85.00 Feet to said Ridge View Drive NE ROW Corner Thence S87°36'11"W, 200.01 feet to the NW corner of Lot 3 Prairie Creek Estates Fifth Addition and a point on the East line of Lot 2 Prairie Creek Estates Second Addition to Fairfax, Iowa Thence N02030'1 5"W along said Lot 2 Prairie Creek Estates Second, 272.88 feet to to the South ROW Line of US HWY 151 and the Point of Beginning. said tract of land contains 5.10 acres (222,075.32 sq. ft.) more or less and is subject to easements and restrictions of record. Said PRAIRIE CREEK ESTATES EIGHTH ADDITION TO FAIRFAX, LINN COUNTY, IOWA, is divided into eleven (12) lots numbered one (1) to twelve (12). The number of the lots is designated on said plat by a number near the center of the lots. The dimensions of the lots, width of the streets, and the distances from Government lines and corners are as shown in feet and decimals thereof on said plat. One-half inch diameter iron pipes with orange plastic caps inscribed with number 17774 are driven at all points marked with a small circle, thus -o-, on said plat. I hereby certify that the property description and plat attached hereto and made a part of this document are in accordance with a survey made under my direct personal supervision and that I am a duly Professional Licensed Land Surveyor in the State of Iowa. Executed at Cedar Rapids, Iowa this 19th day of July, 2017. _�• THOMAS M. -A • NOVICK A_ 17774 •1 UWP a� Thomas M. Novick Professional Land Surveyor Iowa Registration Number 17774 ALLTRANS Inc. 1930 St Andrews Ct NE, Cedar Rapids, IA 52402 (319) 393-8726 TREASURER'S CERTIFICATE I, Sharon K. Gonzalez, Treasurer of Linn County, Iowa, hereby certify that the land which is included in PRAIRIE CREEK ESTATES EIGHTH ADDITION TO FAIRFAX LINN COUNTY IOWA is free from certified taxes and certified special assessments or that the land is free from certified taxes and that the certified special assessments are secured by bond in compliance with Section 354.12 Code Iowa as shown by Records of this office. Cedar Rapids, Iowa, this day of A.D., 20 Treasurer of Linn County, low RESOLUTION NO. 2017-73 RESOLUTION ACCEPTING THE PUBLIC IMPROVEMENTS TO PRAIRIE CREEK ESTATES EIGHTH ADDITION TO FAIRFAX, LINN COUNTY, IOWA WHEREAS, Hall and Hall Engineers, Inc. has performed part-time field observations during the installation of the public improvements, reviewed material test reports, and has completed a final site inspection of the public infrastructure, and Hall and Hall Engineers, Inc. recommends acceptance of these public improvements with the following condition: That the following items are all addressed within a timely manner (as considered by the City), otherwise the City may withhold building permits on any lot within the Prairie Creek Estates Eighth Addition to Fairfax, Linn County, Iowa: 1. Submit As-Built Plan of Improvements. 2. Please make sure that all of the water main and fire hydrant gate valve boxes are straight and adjusted to grade. 3. Touch up seeding in the bare and sparsely vegetative areas. 4. Permanently seed and establish 100% ground cover in the private storm water detention pond located in the back of Lots 2 and 3. 5. Address the following issues with the storm sewer system: a. Clean out the storm sewer system, including the private storm sewer lines, and the existing downstream storm sewers /intakes as necessary. b. There has been some discussion of the subdrain services possibly being cut with the installation of the franchise utilities. In viewing the subdrain connections at the intakes, they looked pretty good, except for the subdrain connection located at the upstream side of Intake I-1. This subdrain stub has a fair amount of sediment in it, indicating that soils are entering the upstream subdrain or subdrain services. Locate where this subdrain and/or subdrain services are damaged and replace the damaged sections with new subdrain, and granular backfill, if necessary. c. Intake 1-4 has a storm sewer stubbed out of the north side of this box. The plan of Improvements do not indicate a storm sewer along the east side of Ridge View Drive between Intake I-4 and Intake I-2A, but the plans do indicate a 6-inch subdrain between these intakes. The downstream (southwest) side of Intake I-2A has a storm sewer outlet that appears to drain to Intake I-3 (per the plans), and this intake also has a 6-inch subdrain stubbed into it,just above this storm sewer (per the plans). The storm sewer was likely stubbed out of the north side of Intake I-4 with the Prairie Creek Estates Fifth Addition improvements, and the 6-inch subdrain is Likely connected into this storm sewer stub. There is significant sediment in this storm sewer stub that is separate from the other sediment within this intake, indicating that this sediment is coming from either the connection of this storm sewer stub and the 6-inch subdrain, from the upstream 6-inch subdrain, or from possible cut subdrain services located along the upstream stretch of subdrain. Determine whether or not this 6-inch subdrain and/or subdrain services are damaged, and if so, replace the damaged sections with new subdrain, and granular backfill, as necessary. Also verify the connection of the 6" subdrain with the storm sewer stub. If this connection is maintained, then it should be sealed with a concrete collar. NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Fairfax, Iowa, that the public improvements in Prairie Creek Estates Eighth Addition to Fairfax, Linn County, Iowa are accepted by the City of Fairfax with the following condition: That the following items are all addressed within a timely manner (as considered by the City), otherwise the City may withhold building permits on any lot within the Prairie Creek Estates Eighth Addition to Fairfax, Linn County, Iowa: 1. Submit As-Built Plan of Improvements. 2. Please make sure that all of the water main and fire hydrant gate valve boxes are straight and adjusted to grade. 3. Touch up seeding in the bare and sparsely vegetative areas. 4. Permanently seed and establish 100% ground cover in the private storm water detention pond located in the back of Lots 2 and 3. 5. Address the following issues with the storm sewer system: a. Clean out the storm sewer system, including the private storm sewer lines, and the existing downstream storm sewers /intakes as necessary. b. There has been some discussion of the subdrain services possibly being cut with the installation of the franchise utilities. In viewing the subdrain connections at the intakes, they looked pretty good, except for the subdrain connection located at the upstream side of Intake I-1. This subdrain stub has a fair amount of sediment in it, indicating that soils are entering the upstream subdrain or subdrain services. Locate where this subdrain and/or subdrain services are damaged and replace the damaged sections with new subdrain, and granular backfill, if necessary. c. Intake I-4 has a storm sewer stubbed out of the north side of this box. The plan of Improvements do not indicate a storm sewer along the east side of Ridge View Drive between Intake I-4 and Intake I-2A, but the plans do indicate a 6-inch subdrain between these intakes. The downstream (southwest) side of Intake I-2A has a storm sewer outlet that appears to drain to Intake I-3 (per the plans), and this intake also has a 6-inch subdrain stubbed into it,just above this storm sewer(per the plans). The storm sewer was likely stubbed out of the north side of Intake I-4 with the Prairie Creek Estates Fifth Addition improvements, and the 6-inch subdrain is likely connected into this storm sewer stub. There is significant sediment in this storm sewer stub that is separate from the other sediment within this intake, indicating that this sediment is coming from either the connection of this storm sewer stub and the 6-inch subdrain, from the upstream 6-inch subdrain, or from possible cut subdrain services located along the upstream stretch of subdrain. Determine whether or not this 6-inch subdrain and/or subdrain services are damaged, and if so, replace the damaged sections with new subdrain, and granular backfill, as necessary. Also verify the connection of the 6" subdrain with the storm sewer stub. If this connection is maintained, then it should be sealed with a concrete collar; and 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 and approved this 8"' day of August, 2017. AYES: Beer, Daly, Kell, and Wainwright NAYS: None ABSENT: Volk Burnell Frieden, Mayor ATTEST: Cyi Zia Stimson, City Clerk/Treasurer F Alp J�A� •• '•. '� tom` � r,�Q Q�{,� •' k� RESOLUTION NO. 2017-74 RESOLUTION APPROVING THE FINAL PLAT AND DEVELOPMENT AGREEMENT FOR PRAIRIE CREEK ESTATES EIGHTH ADDITION TO FAIRFAX, LINN COUNTY, IOWA WHEREAS, a Final Plat of Prairie Creek Estates Eighth Addition to Fairfax, Linn County, Iowa has been submitted to the City of Fairfax by Legacy Land Investments, LLC; and WHEREAS, a Development Agreement, by and between Legacy Land Investments, LLC and the City of Fairfax, for said Prairie Creek Estates Eighth Addition has been prepared as part of the Prairie Creek Estates Eighth Addition Final Plat Bound Documents; and WHEREAS, Hall and Hall Engineers, Inc. has reviewed said Final Plat of Prairie Creek Estates Eighth Addition to Fairfax, Linn County, Iowa, and the Development Agreement for said Prairie Creek Estates Eighth Addition, and has found said Final Plat and Development Agreement to be in accordance with the provisions of the laws of the State of Iowa and the ordinances of the City of Fairfax, Iowa, in relation to this development within the City of Fairfax, and has further recommended approval of said Final Plat and Development Agreement. NOW, THE, BE IT RESOLVED, by the City Council of the City of Fairfax, Iowa, that the Final Plat of Prairie Creek Estates Eighth Addition to Fairfax, Linn County, Iowa and the Development Agreement for said Prairie Creels Estates Eighth Addition 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 and approved this 8"' day of August, 2017. AYES: Beer, Daly, Kell, and Wainwright NAYS: None ABSENT: Volk Burnell Frieden, Mayor ATTEST: y hia Stimson, City Clerk/Treasurer AyFAsi R ` DEVELOPMENT AGREEMENT Thls Development Agreement (this Agreement ) is entered into this ) — day of 2017, by and between the undersigned property owner(hereinafter referred to as the DE ELOPER) and the City of Fairfax, Linn County, Iowa (hereinafter referred to as the CITY). RECITALS 1. The DEVELOPER is owner of the following described property: See Attached Exhibit"A" 2. The DEVELOPER proposes to record a final plat situated on a portion of the Real Estate to be known as Prairie Creek Estates Eighth Addition to Fairfax, Linn County, Iowa and has prepared a proposed final plat of such addition (the "Plat"). Said Addition shall consist of Lot 1 through Lot 12, and Lot 'A' (Public Street Right-of-way), all inclusive. NOW BE IT RESOLVED, the DEVELOPER and the CITY hereby agree as follows: 1. THAT PRIOR TO THE ISSUANCE OF A FINAL CERTIFICATE OF OCCUPANCY,the DEVELOPER shall: Construct a 5'wide concrete sidewalks along the street frontages of Lots 1-12, including a 5' wide concrete sidewalks through the driveways of Lots 1- 12. The DEVELOPER shall be responsible for the maintenance (including snow removal), repair, and replacement of all 5' wide sidewalks located within the public streets right-of-way of Ridge View Drive adjacent to each Lot within Prairie Creek Estates Eighth Addition. 2. THAT PRIOR TO THE ISSUANCE OF THE FIRST TEMPORARY OR FINAL CERTIFICATE OF OCCUPANCY in the Prairie Creek Estates Eighth Addition, the DEVELOPER shall cause to be installed the Street Lights along Ridge View Drive, and the DEVELOPER shall also provide the City of Fairfax with an acceptable verification of payment to Linn County REC for said street light installation. 3. THAT PRIOR TO THE ISSUANCE OF THE FIRST TEMPORARY OR FINAL CERTIFICATE OF OCCUPANCY in the Prairie Creek Estates Eighth Addition,The DEVELOPER shall cause to be installed the necessary Franchise Utilities to properly service the Prairie Creek Estates Eighth Addition, and the DEVELOPER shall also provide the City of Fairfax with an acceptable verification of payment to these Franchise Utilities for said utilities installation. 4. THAT PRIOR TO THE ISSUANCE OF THE FIRST TEMPORARY OR FINAL CERTIFICATE OF OCCUPANCY in the Prairie Creek Estates Eighth Addition, the DEVELOPER shall record the bound documents for the final plat of Prairie Creek Estates Eighth Addition to Fairfax, Linn County, Iowa at the Office of the Linn County Recorder. 5. THAT PRIOR TO THE ISSUANCE OF A FINAL OR TEMPORARY CERTIFICATE OF OCCUPANCY for Lots 1 through 5, and Lots 8 through 12, the DEVELOPER shall: a) Install the storm water drainage swales as shown on the approved Plan of Improvements within the Storm Water Drainage Easement and stabilize it with permanent ground cover. b) Provide certification by a civil engineer licensed in the State of Iowa verifying that the runoff from the 100-year storm event can be conveyed through the proposed development on this property without damage to the building structures. c) The minimum low opening/flood protection elevations have been determined to be as follows (Sanitary Sewer Manhole Cover Located in Street Center line in front of Lot 3 Prairie Creek Estates 8th Addition: Elevation=775.92, Northing : 3442809.65, Easting 5391355.87) i. Lot 1: 766.5 vii. Lot 7: 786.1 ii. Lot 2: 773.2 viii. Lot 8: 776.5 iii. Lot 3: 776.2 ix. Lot 9: 775.5 iv. Lot 4: 781.1 X. Lot 10: 774.5 v. Lot 5: 784.0 xi. Lot 11: 773.5 vi. Lot 6: 786.0 xii. Lot 12: 773.0 6. THAT PRIOR TO THE ISSUANCE OF A FINAL OR TEMPORARY CERTIFICATE OF OCCUPANCY for Lots 1 and 2, the DEVELOPER shall: a) Install the Private Storm Water Detention Pond and the related Private Storm Sewer Outlet Structure and Storm Sewer Pipe as shown on the approved Plan of Improvements on Lot 2 and along the shared property line of Lot 1 and 2. This Pond shall be stabilized with permanent ground cover. b) Provide certification by a civil engineer licensed in the State of Iowa verifying that the runoff from the 100-year storm event can be conveyed through the Private Storm Water Detention Pond located on Lot 2 property without damage to the building structures on Lots 1 and 2. c) The minimum low opening/flood protection elevations have been determined to be as follows (Sanitary Sewer Manhole Cover Located in Street Center line in front of Lot 2 Prairie Creek Estates 8th Addition: Elevation= 773.36, Northing : 3442750.92, Easting 5391297.86) i. Lot 1: 766.5 ii. Lot 2: 773.2 7. Said Private Storm Water Detention Pond and Private Storm Water Detention Easement/ 15' Private Storm Sewer Easement located on Lot 2 and along the shared property line of Lot 1 and Lot 2 shall have the following Conditions: i. The purpose of this Private Storm Water Detention Pond is to provide storm water mitigation and storm water quality for Lots 2 through 7 of Prairie Creek Estates Eighth Addition to Fairfax, Linn County, Iowa. ii. The maintenance, repair, and reconstruction of this Private Storm Water Detention Pond shall be the responsibility of the DEVELOPER. iii. The DEVELOPER agrees to not place fill material, to erect no buildings, obstructions, or other improvements on the area reserved by the Private Storm Water Detention Easement for this Private Storm Water Detention Pond. iv. The DEVELOPER shall be responsible to maintain a minimum storm water detention volume in this shared storm water detention pond of 4,900 cubic feet. v. The DEVELOPER shall be responsible to maintain said shared storm water detention pond outlet structure, storm sewer discharge pipe, and overflow spillway to ensure that the maximum theoretical storm water release rate of 3.3 cubic feet per second from the pond is not increased. vi. If the DEVELOPER fails to maintain the volume and discharge as established in iv. and v. above, or the DEVELOPER fails to keep this Private Storm Water Detention Pond free of debris and mowed in accord with the City's Nuisance Ordinance, the DEVELOPER, by this instrument gives the City of Fairfax the right to access the property and perform maintenance as necessary. Cost of said maintenance shall be assessed against the property and shall be a lien upon the Real Estate, and the DEVELOPER hereby agrees to pay the amount which is thus assessed against the Real Estate, and said assessment shall have the same legal force and effect as if all legal formalities provided by law in such cases had been fully and faithfully performed and observed. The DEVELOPER hereby expressly waives every objection to said assessment. vii. The DEVELOPER agrees to pay taxes on all of the above-described property located within the Private Storm Water Detention Easement on Lot 2,to the City of Fairfax, Linn County, Iowa. viii. The DEVELOPER agrees to construct, reconstruct, repair and maintain the Private Storm Water Detention Pond,the Private Storm Sewer Outlet Structure, and the Private Storm Sewer Outlet Pipe for this Private Storm Water Detention Pond located on Lot 2. 8. The DEVELOPER and any contractor or other agent employed by the DEVELOPER shall provide insurance as reasonably required by the CITY when working within the public rights-of-way. 9. The DEVELOPER shall own and maintain the storm water drainage swales located within the Private Storm Water Drainage Easements,which shall convey the 100-year storm event overland through Lots 1 through 5, and Lots 8 through 12. The DEVELOPER also agrees not to restrict the overland conveyance of the 100-year storm event through these drainage swales. 10. The City of Fairfax shall own and maintain the storm sewer located within the Public Storm Sewer and Private Storm Water Drainage Easement located on Lot 12. The DEVELOPER agrees not to restrict Access to the City of Fairfax to maintain, repair or replace this storm sewer. 11. Access to Lots 2, 3, 4, 5, 6 and 7 shall be restricted to Ridge View Drive. These six Lots shall not have direct access to Highway 151. 12. There shall be no parking along either side of Ridge View Drive. 13. The DEVELOPER agrees to indemnify and hold harmless the CITY for damages or claims for damages that may arise or accrue as a result of City Council approval of this Agreement. 14. This Agreement shall be binding upon the parties hereto and their heirs, successors, and assigns, and the sale by the owner of all or any part of said Lot 1 through Lot 12, shall transfer obligations of the DEVELOPER to the successor in interest. Dated: JOA , 2017 Legacy Land Investments, LLC Chris Mottinger, Manging ember STATE OF IOWA, COU OF LINN) &clayof This instrument was acknowledged before me on this , 2017 by Chris Mottinger, Managing Member of Legacy Land nvestments, LLC • n 4�� d YARA EL-FAR,' ldC3�4A�I.OP P°-0 " caMPOISSION NUMBER 724643 ,a; p 4y c MM s y!o EXPIR Notary Public in and for the State of Iowa ® � 7 .20 -