K-3 - Recorded Subdivider Docs

PETITION TO PAVE STREETS ABUTTING SUBDIVISION AND WAIVER OF NOTICE AND HEARING WHEREAS, Joseph C. Johnston and Amanda Potterfield, husband and wife, ("Owners") being the owners in fee of all of the land which is included in R AND A CONDOMINIUMS ADDITION in Johnson County, Iowa have submitted a preliminary plat and final plat of R AND A CONDOMINIUMS ADDITION to the City of Tiffin, IA. WHEREAS, in conjunction with the subdivision proceedings, the Owners will enter into a Development Agreement between the City of Tiffin, which Development Agreement requires the Owner to install certain concrete and private roads within the subdivision: legally described as follow: Legal Description: LOT 6 OF THE AMENDED JOHNSTON - POTTERFIELD SUBDIVISION, PART 2 OF THE NORTHEAST ONE-HALF OF SECTION 28, TOWNSHIP 80 NORTH, RANGE 7 WEST, OF THE FIFTH PRINCIPAL MERIDIAN, TIFFIN, JOHNSON COUNTY, IOWA, IN ACCORDANCE WITH THE PLAT THEREOF RECORDED IN PLAT BOOK 41 AT PAGE 307 OF THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE. SAID LOT 6 CONTAINS 12.10 ACRES AND IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. WHEREAS, in the event other area abutting the subdivision must be paved, the Owner hereby petitions the City of Tiffin, Iowa, as more particularly set forth herein. NOW THEREFORE, BE IT AGREED BETWEEN THE PARTIES HERETO AS FOLLOWS: As soon as practicable the City of Tiffin, Iowa, shall have the right to cause any streets abutting the subdivision to be constructed in all respects, as it shall deem appropriate. In consideration of the construction of the said streets abutting the subdivision, the undersigned Owners hereby waive Notice thereof, all legal formalities required by the laws of Iowa to be observed by cities in the construction of said improvements where the expense of such improvements is to be assessed, and waives each and every question of jurisdiction. The intention of the Owners are to authorize and direct said City to construct the said improvement without any of the formalities or legal proceedings required of cities in constructing like improvements. The express intention of the undersigned Owners is that said improvements shall be constructed as aforesaid as if each and every legal requirement pertaining thereto was fully and faithfully observed and performed. It is further agreed that said City by and through its Council may make assessments against the properties of the undersigned Owners for the cost of the construction of said streets abutting the subdivision, to the extent of the entire cost of that concrete pavement