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HomeMy WebLinkAboutRESOLUTION NO. 2018-57 RESOLUTION NO. 2018-57 RESOLUTION APPROVING THE FINAL PLAT AND DEVELOPMENT AGREEMENT FOR HENRY AND HALLIE ADDITION TO THE CITY OF FAIRFAX, LINN COUNTY, IOWA WHEREAS, a Final Plat of Henry and Hallie Addition to the City of Fairfax, Linn County, Iowa has been submitted to the City of Fairfax by Sobaski Real Estate, L.L.C.; and WHEREAS, a Development Agreement, by and between Sobaski Real Estate, L.L.C. and the City of Fairfax, for said Henry and Hallie Addition has been prepared as part of the Henry and Hallie Addition Final Plat Bound Documents; and WHEREAS, Hall and Hall Engineers, Inc. has reviewed said Final Plat of Henry and Hallie Addition to the City of Fairfax, Linn County, Iowa, the Development Agreement for said Henry and Hallie 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 Henry and Hallie Addition to the City of Fairfax, Linn County, Iowa and the Development Agreement for said Henry and Hallie 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 1 ltn day of September, 2018. AYES: Daly, Kell, Volk, and Wainwright NAYS: None ABSENT: Otto Burnell G. Frieden, Mayor ATTEST: 4 36 { of rSr Cyn iaK. Stimson, City Clerk/Treasurer a. y DEVELOPMENT AGREEMENT AA This Development Agreement (this "Agreement") is entered into this _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 Henry and Hallie Addition to the City of 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 5, Outlot A(Storm Water Management Facilities), and Outlot B (Private Drive, Private Utilities, and Public Sanitary Sewer Facilities) all inclusive. NOW BE IT RESOLVED, the DEVELOPER and the CITY hereby agree as follows: 1. THAT PRIOR TO THE ISSUANCE OF A FINAL OR TEMPORARY CERTIFICATE OF OCCUPANCY for Lots 1 through 5 all inclusive, the DEVELOPER shall 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 and/or adjacent to the proposed development on these Lots without damage to the building structures on these Lots. The Minimum Low Opening Elevations for these lots are as follows: Lot 1---Elevation 762.3 Lot 2--- Elevation 762.3 Lot 3 --- Elevation 761.5 Lot 4--- Elevation 761.2 Lot 5--- Elevation 761.5 2. Per the Henry and Hallie Drainage Report dated May 16, 2018, and the Approved Site Plans for all 5 Lots, the Allowed and Approved Impervious Areas for Lots 1 through 5 are as follows: a.) Lot 1 Allowed Impervious Area: 48,929 SF, or 74.88% of the 65,344 SF Lot. Lot 1 Approved Impervious Area: 30,572 SF, or 46.79%of the 65,344 SF Lot b.) Lot 2 Allowed Impervious Area: 21,090 SF, or 70.47% of the 29,927 SF Lot. Lot 2 Approved Impervious Area: 21,090 SF, or 70.47%of the 29,927 SF Lot. c.) Lot 3 Allowed Impervious Area: 32,368 SF, or 75.63% of the 42,799 SF Lot. Lot 3 Approved Impervious Area: 31,136 SF, or 72.75%of the 42,799 SF Lot. d.) Lot 4 Allowed Impervious Area: 28,354 SF, or 77.60% of the 36,540 SF Lot. Lot 4 Approved Impervious Area: 27,644 SF, or 75.65%of the 36,540 SF Lot. e.) Lot 5 Allowed Impervious Area: 43,677 SF, or 81.93% of the 53,315 SF Lot. Lot 5 Approved Impervious Area: 43,647 SF, or 81.87%of the 53,315 SF Lot. 3. The DEVELOPER shall own and maintain the property located within the 30' Public Sanitary Sewer Easement located 15' along each side of the shared property line of Lot 3 and Lot 4. The DEVELOPER also agrees not to restrict the use of this easement for the purpose of accessing, maintaining, repairing, and replacing the sanitary sewer within this easement. 4. There is a Private Storm Sewer System located within the Public Sanitary Sewer Easement along the north property line of Lot 4. The DEVELOPER shall be fully responsible for maintaining, repairing, and/or replacing this private storm sewer system if is damaged by the CITY or the CITY's Representative while maintaining, repairing, and/or replacing the public sanitary sewer located within this easement. 5. THAT PRIOR TO THE ISSUANCE OF A BUILDING PERMIT on Lots 1, 3, and 4 which are located within the FEMA Special Flood Hazard Area (SFHA) prior to the development on these three Lots,these Lots shall meet the requirements of Chapter 160— Flood Plain Ordinance, of the CITY's Code of Ordinances, and the FEMA Flood Plain Regulations. 6. The Sanitary Sewer Connection Fees for the Henry and Hallie Addition have previously been paid or are waived by the CITY. 7. The CITY agrees to waive the Water Main Connection /Tapping Fee for the Henry and Hallie Addition that would be due at the time that the private water main system located within the Henry and Hallie Addition is connected to the CITY's Public Water Main System. 8. The City agrees to waive any storm water impact fee that may be due to the Henry and Hallie Addition. 9. THAT PRIOR TO THE ISSUANCE OF THE FIRST BUILDING PERMIT for Lot 3 or Lot 4 of the Henry and Hallie Addition,the OWNER shall: a.) Record the bound documents for the final plat of Henry and Hallie Addition to the City of Fairfax, Linn County, Iowa at the Office of the Linn County Recorder. b.) Cause to be installed the necessary Franchise Utilities to properly service the Henry and Hallie Addition, and the DEVELOPER shall also provide the CITY with an acceptable verification of payment to these Franchise Utilities for said utilities installation. c.) Provide the CITY with Certification from an engineer licensed in the State of Iowa that the storm water management pond and the associated outlet structure and storm sewer, all located on Outlot A, has been constructed per the CITY approved drainage report and the CITY approved plan of improvements. 10. THAT PRIOR TO THE ISSUANCE OF A FINAL OR TEMPORARY CERTIFICATE OF OCCUPANCY for Lot 3 or Lot 4,the DEVELOPER shall: a.) Complete the installation of the public sanitary sewer per the CITY's design standards and specifications, and the DEVELOPER and/or any contractor or other agent employed by the DEVELOPER shall provide the CITY with a Four(4) year maintenance surety on this public sanitary sewer so that this sanitary sewer can be accepted by the CITY. 11. THAT PRIOR TO THE ISSUANCE OF A FINAL CERTIFICATE OF OCCUPANCY, the DEVELOPER shall provide for a minimum of 4" of topsoil outside of the buildings, paved surfaces, and granular surfaces on Lots 1 through 5 all inclusive, as well as Outlot A and Outlot B. 12. The water main facilities installed for the Henry and Hallie Addition have been installed per the CITY's design standards and specifications, but do not connect with the CITY's public water main system. Therefore the Henry and Hallie Addition water main facilities shall be privately owned and maintained by the DEVELOPER until the time that the CITY's Public Water System is extended to the Henry and Halle's Addition and connected to the water main facilities located within the Henry and Hallie Addition. As part of the CITY's extension of the public water supply system to the Henry and Halle's Addition, and prior to the CITY connecting the public water supply system to the private water main facilities located within the Henry and Hallie Addition, the DEVELOPER shall be responsible for the following: a.) Disconnect the water system from the private well per the applicable codes and laws of the CITY, Linn County, and the State of Iowa. b.) Flush the water main facilities located in the Henry and Hallie Addition. c.) Chlorinate and test all the water main facilities located within the Henry and Hallie Addition. d.) Make sure that the fire hydrants located as part of these private water main facilities are fully usable, and complete all necessary repairs to the private water main system as necessary to make this system acceptable to the CITY. e.) All costs associated with disconnecting the well from the water main facilities; flushing the water main facilities, making sure that the fire hydrants are fully usable, chlorinating and testing these facilities and completing all the necessary repairs to the system to make this acceptable to the CITY. These Items shall all be completed, installed, and tested per the CITY's approved design standards and specifications current at that time, and these installations and corresponding tests shall be observed by the CITY. 13. Outlot B is an unbuildable and an unsellable Outlot which shall be Privately Owned and Maintained by the DEVELOPER until the time that the CITY requires Outlot B to be dedicated to the CITY as Public Street Right-of-Way and improved as a Public Street. As part of this maintenance to Outlot B,the DEVELOPER shall: a.) Provide dust control for the private drive (Eagleview Drive) located within Outlot B. An acceptable dust control plan for this private drive/street shall be established between the DEVELOPER and the CITY. b.) Maintain the private water main system located within Outlot B, including the well located on Lot 2. c.) Maintain the storm sewer system located within Outlot B. 14. Per the Approved Plan of Improvements signed and sealed on May 16, 2018, and approved by the CITY with Resolution Number 2018-27,the storm sewer system installed in Outlot B and labeled on these plan of improvements as Intakes 1-1, 1-2, and 1-3, and storm sewer pipes P-3, P-4, and the section of P-5 installed north 1-3 shall be privately owned and maintained by the DEVELOPER until Outlot B is dedicated to the CITY and improved as a public street, at which time the CITY will then take over this storm sewer system as part of the public street system and public right-of-way. 15. At the time that the CITY improves Eagleview Drive to a public street within Outlot B,The DEVELOPER agrees to dedicate Temporary Construction and Access Easements to the CITY for the purpose of constructing the improvements and providing the necessary access to Lots 1 through 5 all inclusive, and Outlot A. The DEVELOPER agrees to dedicate these Temporary Construction and Access Easements to the CITY at no cost to the CITY. These Temporary Construction and Access Easements shall automatically be vacated upon the CITY's acceptance of these FUTURE IMPROVEMENTS. 16. At the time the CITY improves Eagleview Drive to a public street within Outlot B, the CITY shall cause these improvements to be completed per the CITY's Design Standards and Specifications applicable at that time, and in general conformance with the approved plan of improvements signed and sealed on May 16, 2018, and approved by the CITY with Resolution Number 2018-27. It is anticipated that these improvements shall include the following: a.) PCC Street Paving. b.) Granular Subbase for the Street Paving. c.) Subdrain System, including necessary Cleanouts, along the Street. d.) Storm Sewer System along Eagleview Drive, north of Intake II-3. e.) The intake tops for the three intakes 1-1, 1-2, and 1-3. f.) Site Grading and Site Rework located outside of the 60-foot wide Street R.O.W. (future Eagleview Drive) necessary to complete the Street Paving and Storm Sewer Improvements. g.) Removal of existing (granular or sealcoat)street paving materials, necessary utility adjustments, and grading/sub-grade compaction within the 60-foot wide street R.O.W. h.) The Street shall be 8" PCC at 31' wide B-B, and the Right-of-Way (R.O.W.) width shall be 60 feet throughout the Henry and Hallie Addition. There shall be no sidewalks proposed within the Eagleview R.O.W.throughout the Henry and Halle Addition. The section of Eagleview Drive located in the Henry and Hallie Addition is approximately 560 feet in length. 17. At the time that the CITY improves Eagleview Drive to a public street within Outlot B,the CITY shall complete these improvements at no cost to the DEVELOPER, and the CITY shall not assess any portion of the cost of these improvements to the DEVELOPER. 18. 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. 19. This Agreement shall be binding upon the parties hereto and their heirs,successors, and assigns, and the sale by the DEVELOPER/owner of all or any part of said Lot 1 through Lot 5 all inclusive, shall transfer obligations of the DEVELOPER to the successor in interest. EXHIBIT"A" Parcel A of Plat of Survey No. 2111 and a part of Lot 2 of James Kurtz's Second Addition to Fairfax, Iowa described as follows: Beginning at the NW corner of said Lot 2; thence N88009'34"E along the north line of said Lot 2, 424.02 feet to the NE corner of said Lot 2; thence N88°19'36"E along the north line of said Parcel A, 189.06 feet to the NE corner of said Parcel A; thence S02036'14"E along the east line of said Parcel A, 463.96 feet to the SE corner of said Parcel A; thence S87029'06"W along the south line of said Parcel A, 188.77 feet to the east line of said Lot 2; thence S02°38'09"E along the east line of said Lot 2, 90.47 feet; thence S88°10'12"W, 316.70 feet; thence N28°14'38"W, 142.56 feet; thence N12°4332"W, 265.00 feet; thence NO2023'18"W, 169.19 feet to the Point of Beginning, containing 7.08 acres. Dated: 5— 2018 SOBASKI REAL ESTATE, LLC JV in H. Sobaski, President and Treasurer 1 ary H.�Sobas�kiVice President and Secretary STATE OF IOWA, COUNTY OF LINN) This instrument was acknowledged before me on s day kC, 2018 by Justin H. Sobaski, President and Treasurer of Sobaski Real Es te, L and by Za a y H.S bask' Vice President and Secretary of Sobaski Real Estate, LLC �r�" 4s LUCAS RAY GROUT i Commission Number 780254 a My mi sin pines rows otar lic in an for the to of Iowa