HomeMy WebLinkAboutRESOLUTION NO. 2018-08 RESOLUTION NO. 21018-08
RESOLUTION APPROVING THE FINAL PLAT AND DEVELOPMENT
AGREEMENT FOR PRAIRIE CREEK ESTATES NINTH ADDITION, A RE-PLAT
OF LOTS 39 49 59 69 AND 7 OF PRAIRIE CREEK ESTATES EIGHTH ADDITION TO
FAIRFAX, LINN COUNTY, IOWA
WHEREAS, a Final Plat of Prairie Creek Estates Ninth Addition, a Re-Plat of Lots 3, 4, 5, 6, and 7 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 Ninth Addition has been prepared as part of the Prairie Creek Estates
Ninth Addition Final Plat Bound Documents; and
WHEREAS, Hall and Hall Engineers, Inc. has reviewed said Final Plat of Prairie Creek Estates Ninth
a Re-Plat of Lots 3, 4, 5, 6, and 7 of Prairie Creek Estates Eighth Addition to Fairfax, Linn County, Iowa, and
the Development Agreement for said Prairie Creek Estates Ninth 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 Ninth Addition, a Re-Plat of Lots 3, 4, 5, 6, and 7 of Prairie Creek Estates
Eighth Addition to Fairfax, Linn County, Iowa and the Development Agreement for said Prairie Creek Estates
Ninth 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 13"' day of February, 2018.
AYES: Otto, Daly, Kell, Volk, and Wainwright
NAYS: None
Burnell G. Frieden, Mayor
ATTEST: „Ew
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Cy is K. Stimson, City Clerk/Treasurer
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HALL & HALL
ENGINEERS, .
Leaders in Land Development Since 1953
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February 12, 2018
Honorable Mayor and City Council Members
City of Fairfax, Iowa
Re: Final Plat for Prairie Creek Estates Ninth Addition to Fairfax, Linn County, Iowa, a Re-Plat of Lots 3, 4,
5, 6, and 7 of Prairie Creek Estates Eighth Addition to Fairfax, Linn County, Iowa
Honorable Mayor and City Council Members,
Legacy Land Investments, L.L.C. has submitted the final plat for Prairie Creek Estates Ninth Addition to
Fairfax, Linn County, Iowa, a Re-Plat of Lots 3, 4, 5, 6, and 7 of Prairie Creek Estates Eighth Addition to
Fairfax, Linn County, Iowa, and we have completed our review of the above referenced final plat. We find
this plat to be in general conformance with the approved preliminary plat, the current zoning for this
property, and the Code of Ordinances for the City of Fairfax.
Hall and Hall Engineers recommends that the City Council approves this final plat for Prairie Creek Estates
Ninth Addition to Fairfax, Linn County, Iowa, a Re-Plat of Lots 3, 4, 5, 6, and 7 of Prairie Creek Estates
Eighth Addition to Fairfax, Linn County, Iowa.
Respectf ly Submitted,
t
Shane R. Wicks, P.E.
Hall and Hall Engineers, Inc.
CC: Chris Mottinger, Legacy Land Investments, L.L.C.
Ghassan Halloush, P.E. Alltrans, Inc.
Bernie Frieden, Fairfax Mayor
Chris Philipp, Fairfax Building Supervisor
Lynn Miller, Fairfax Maintenance Supervisor.
Kevin Stensland, Fairfax Utilities Supervisor
Cynthia Stimson, Fairfax City Clerk/Treasurer
Encl's: Final Plat Bound Documents
CIVIL ENGINEERING • LAND SURVEYING • LAND DEVELOPMENT PLANNING • LANDSCAPE ARCHITECTURE
1860 Boyson Road • Hiawatha,IA 52233 • Ph:319.362.9548 • Fx:319.362.7595 • www.halleng.com
'` - Linn
MAN Linn County, Iowa
Joel D.Miller,Auditor
Rebecca Shoop,First Deputy
County Auditor's Certificate
Approval of Subdivision Plat Name by Linn County Auditor
Date: January 17t'', 2018
The Linn County Auditor' s Office has reviewed the final plat name
of:
Prairie Creek Estates Ninth Addition
to Fairfax, Linn County, Iowa
and has determined that it is a succinct and unique name for the
subdivision contained herein, pursuant to Iowa Code 6354 . 6 (2) and
6354. 11 (6) . The subdivision name or title is approved.
Signed: 1 I J
Joel D Miller
Linn County Auditor
LinncountyauditOr.Org sa
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
CONSENT TO PLAT PRAIRIE CREEK ESTATES NINTH 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 NINTH 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 January 17, 2018, 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 NINTH ADDITION TO
FAIRFAX, LINN COUNTY, IOWA.
And, Legacy Land Investments, L.L.C., hereby acknowledge the subdivision of land shown on said plat to
be by free consent of the undersigned and in accordance with its desire.
Witness Legacy Land Investments, L.L.C. this qday of A.D., 2018.
Chris Mottinger
owner's name ow er' gna
STATE OF IOWA )
) ss
LINN COUNTY )
On thishday oare A.D., 2018, before me, a Notary Public in and for County of Linn, State of
Iowa, personally appeChris 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.
gg
N tary Public in and for Linn County,
State of Iowa
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 NINTH 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 January 17, 2018, 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 NINTH 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 dayof JAA A.D., 2018
Chris of inger, Legac L nd In estments, L.L.C.,
STATE OF IOWA )
) ss
LINN COUNTY )
On this day o� A.D., 2018, before me, a Notary Public in and for County of Linn, State of
Iowa, personally appeared 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.
. �' 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 Ninth Addition to Fairfax, Linn County, Iowa is a Re-Plat of Lots 3, 4, 5,
6, and 7 of Prairie Creek Estates Ninth Addition to Fairfax, Linn County, Iowa, being 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.
Said tract of land contains 1.92 acres (83,588 sq. ft.) more or
less and is subject to easements and restrictions of record.
Said PRAIRIE CREEK ESTATES NINTH ADDITION TO FAIRFAX, LINN COUNTY, IOWA, is divided
into Seven (7) lots numbered one (1) to seven (7). 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 January 17, 2018.
.F� „
THOMAS M. .o
wvlcI<
17774
�i nA•
Thomas M. Novick
Professional Land Surveyor
Iowa Registration Number 17774
DEVELOPMENT AGREEMENT
This Development Agreement(this"Agreement") is entered into this Q day of
2018, by and between the undersigned property owner(hereinafter referred to as the
DEVELOPER) 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 Ninth Addition to Fairfax, Linn County, Iowa, a Re-Plat of Lots 3,
4, 5, 6, and 7 of 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 7, 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—7, including a 5'
wide concrete sidewalks through the driveways of Lots 1—7, and a the appropriate ADA
compliant Turn-Around and Ramp at the intersection with Ridge View Court. The DEVELOPER
shall be responsible for the maintenance (including snow removal), repair,and replacement of
all 5'wide sidewalks and the ADA compliant Turn-Around and Ramp located within the public
streets right-of-way of Ridge View Drive and Ridge View Court adjacent to each Lot within
Prairie Creek Estates Ninth Addition.
2. THAT PRIOR TO THE ISSUANCE OF THE FIRST TEMPORARY OR FINAL CERTIFICATE OF
OCCUPANCY in the Prairie Creek Estates Ninth 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 Ninth Addition,The DEVELOPER shall cause to be
installed the necessary Franchise Utilities to properly service the Prairie Creek Estates Ninth
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 BUILDING PERMIT in the Prairie Creek Estates Ninth
Addition,the DEVELOPER shall record the bound documents for the final plat of Prairie Creek
Estates Ninth Addition to Fairfax, Linn County, Iowa,a Re-Plat of Lots 3,4, 5,6,and 7 of Prairie
Creek Estates Eighth Addition to Fairfax, Linn County, Iowa.
5. THAT PRIOR TO THE ISSUANCE OF A FINAL OR TEMPORARY CERTIFICATE OF OCCUPANCY for
Lots 1 through 7,the DEVELOPER shall:
a) Install the storm water drainage swales as shown on the approved Plan of
Improvements for Prairie Creek Estates Eighth Addition 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 1
Prairie Creek Estates 91h Addition: Elevation=775.92, Northing: 3442809.65, Easting :
5391355.87)
i. Lot 1: 776.2 v. Lot 5: 785.0
ii. Lot 2: 778.7 vi. Lot 6: 786.0
iii. Lot 3: 781.1 vii. Lot 7: 786.0
iv. Lot 4: 784.0
d) Remove and/or abandon the existing City's utility services(sewer,water, and drain-
tile)to the particular Lot requesting the occupancy permit and have the new City's
utility services to this Lot installed per the City's design standards and specifications.
6. The DEVELOPER shall own and maintain the storm water drainage Swale located within the
Storm Water Drainage Easements,which shall convey the 100-year storm event overland
through Lots 1 through 7. The DEVELOPER also agrees not to restrict the overland conveyance
of the 100-year storm event through these drainage swales.
7. 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,and
secure required permits from the CITY.
8. Access to Lots 1,2, 3,4,5,6 and 7 shall be restricted to Ridge View Drive. These six lots shall
not have direct access to Highway 151.
9. Access to Lot 7 shall be restricted to Ridge View Drive. This Lot shall not have direct access to
Ridgeview Court.
10. There shall be no parking along either side of Ridge View Drive.
11. 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.
12. 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 7, shall transfer obligations
of the DEVELOPER to the successor in interest.
Dated: 02- l�� ,2018
Legacy Land Investments,LLC
Chris Mottinger, M nagin Member
STATE OF IOWA,COU OF LINN)
This instrument was acknowledged before me on this�7,r- day of_ VJ U�12018
by Chris Mottinger, Managing Member of Legacy L nd Hues nts, LLC ,
�0Aj s JACQUELINE A REYHONS No ar Publ c n and for the State of Iowa
Commission Number 737818
My Commission Expires
lOyr� November 29,2020
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 NINTH 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, Iowa
FLT
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ALLTRANS INC. Client: Legacy Land Investments, LLC Drawn By: GMH Prairie Creek Estates Ninth Addition
.mm. �'� 1930 St AndrewsCtNE Chris Mottinger Final Plat
~ z Cedar Rapids,Iowa 52402 PO Box 367 Date: 10/05/2017
P P Field Book : N A Project Number. MR-1407
Phone:(319)393-8726 Solon IOWO 52333 # /