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HomeMy WebLinkAbout2009-06-15-Resolutions 09-135_Fox Creek Estates P1 - Final PlatTHE CITY OF WAUKEE,IOWA RESOLUTION 09-135 APPROVING THE FINAL PLAT FOR FOX CREEK ESTATES PLAT 1 IN THE NAME AND BY THE AUTHORITY OF THE CITY OF WAUKEE,IOWA WHEREAS,the City of Waukee,Dallas County,State ofIowa,is a duly organized Municipal Organization;AND, WHEREAS,Fox Creek Estates,L.L.C.(the "Developer")has requested final approval of Fox Creek Estates Plat I (the "Plat");AND WHEREAS,the City of Waukee Planning and Zoning Commission recommended approval of the Plat on April 28,2009;AND, WHEREAS,punch list items remain outstanding on the Plat,however,the Developer has entered into an Agreement to Complete and has provided a bond to cover the remaining costs of the punch list items;AND, WHEREAS,no Certificate of Occupancy on any lot within the Plat will be issned until such time as the puhlic improvements are complete and accepted by the City;AND WHEREAS,the Developer has entered into a Development Agreement with the City regarding provisions for future dedication of park land and park improvements related to the Plat;AND WHEREAS,the Developer has filed with the City of Waukee a Declaration of Easements, Covenants,Conditions and Restrictions for Fox Creek Estates Plat I to be recorded with the Plat therefore;AND WHEREAS,the Final Plat for Fox Creek Estates Plat I and the documents relating thereto comply in all respects with Section §303 -Land Subdivision Ordinance of the Waukee Municipal Code; NOW,THEREFORE,BE IT RESOLVED by the City Council of the City of Waukee,Iowa on this 151h day of June 2009 that the Final Plat for Fox Creek Estates Plat I be and the S8111eis hereby accepted and approved by the City Council of the City of Waukee subject to final review and approval of the legal documents by the City Attorney. BE IT FURTHER RESOLVED that the City of Waukee does hereby accept the following additional easements to be filed with the Plat subj ect to final review and approval by the City Attorney: 1.Easement for Private Landscape Buffer; 2.Easement for Private Monument Sign; 3.Easement for Temporary Turnaround; 4.Easement for Temporary Private Overland Flowage; 5.Easement for Temporary Private Detention; 6.Easement for Overland Flowage; 7.Easement for Sanitary Sewer; 8.Easement for Storm Sewer;and 9.Easement for Public Utility; BE IT FURTHER RESOLVED that the City of Waukee does hereby accept the Agreement to Complete Public Improvements -Punchlist Items. BE IT FURTHER RESOLVED that the City of Waukee does hereby accept the Development Agreement pertaining to parkland dedication and park improvements and the City Clerk is directed to file such Development Agreement with the Plat. BE IT FURTHER RESOLVED that the City ofWaulcee does hereby accept the Declaration of Easements,Covenants,Conditions and Restrictions (collectively,the "Covenants")for the Plat subject to [mal review and approval by the City Attorney and the City Clerk is directed to file such Covenants with the Plat. BE IT FURTHER RESOLVED that the sidewallcs within the Plat are not now constructed, provided,however,that in no event shall a certificate of occupancy be issued on a lot within the Plat until all sidewalks on such lot that are required by the Plat are constructed. BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to file the final plat of Fox Creek Estates Plat I,as well as any other documents related thereto,with the Dallas County Recorder. Attest: ooistra,City Administrator/Clerk ROLL CALL VOTE Donald L.Bailey,Jr. Casey L.Harvey C.Isaiah McGee Darlene Stanton Mike Watts AYE X NAY ABSENT ABSTAIN X X X X