TITLE 11
SUBDIVISION REGULATIONS
SUBJECT
CHAPTER
PLATS, FILING, APPROVAL PROCESS
1
MINIMUM STANDARDS: IMPROVEMENTS
2
DOCUMENTS TO BE SUBMITTED WITH FINAL PLAT
3
ENFORCEMENT
4
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TITLE 11 SUBDIVISION REGULATIONS
CHAPTER 1
PLATS, FILING, APPROVAL PROCESS
SECTIONS:
11-1-1
11-1-2
11-1-3
11-1-4
11-1-5
General Procedure
Filing Requirements
Requirements of Preliminary Plat
Preliminary Approval of Plat
Final Plat Requirements
11-1-1 General Procedure. The City of Muscatine hereby
adopts the following rules and regulations governing the sub-
divisions of land within its jurisdiction, pursuant to the Code of
Iowa, Chapter 409, as amended, and to the City Code of the City
of Muscatine, Iowa, as amended. No subdivision of land within
the City of Muscatine or within two (2) miles of the Corporate
Limits of the City shall be authorized until it has been submitted
to and approved by the Planning and Zoning Commission and the
City Council.
No subdivision plat or replat of land located within the
City or within two (2) miles thereof shall be recorded until it
shall have been approved in accordance with the provisions of
this Chapter and the Code of Iowa, Section 409.14, and by resolu-
tion of the Council. Said approved plat and accompanying certifi-
cates and documents shall not be considered valid until they are
filed and/or recorded in the County Recorder's, Auditor's, and
Assessor's Offices.
The provisions of this Chapter shall be construed to be in
conformance with Chapter 409 of the Code of Iowa and restrictions
set forth in Section 409.14 of said Code are hereby specifically
adopted and incorporated by reference within this Chapter.
11-1-2 Filing Requirements.
(A) 1. Any tract, lot, or parcel of land within the Corporate
Limits of the City of Muscatine which shall hereafter
be divided into three (3) or more parts shall be con-
sidered a subdivision. This includes resubdivision and
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the division of a parcel of land held in common and
subsequently divided into parts among several owners,
with or without a structure, on which a separate business
without shared amenities, such as parking, is to be
conducted or a separate dwelling erected or used. All
such subdivisions shall conform to the applicable require-
ments set forth in this Chapter. This includes resub-
division or lease of a parcel on which a separate business
is to be conducted.
2. Any tract, lot, or parcel of land of record at the time
of the adoption of this Ordinance which is located out-
side the Corporate Limits and which shall hereafter be
subdivided into three (3) or more parts for the purpose
of making an addition, subdivision, or residential lots
shall, pursuant to Section 409.14 of the Code of Iowa,
be approved by the City Council.
The plats of any subdivision located outside the Corporate
Limits of the City, but within two (2) miles of the Corporate
Limits, shall be examined by the City Council and the City
Planning and Zoning Commission, with a view to ascertaining
whether the same conform to the City Ordinances relating to
plats and whether streets, alleys, boulevards, parks, and
public places conform to the general plat of the City and
are conducive to an orderly development thereof, and do
not conflict or interfere with rights-of-way or extensions of
streets or alleys already established, or otherwise interfere
with the carrying out of the Comprehensive City Plan. If
such plats shall conform to the Statutes of the State and
Ordinances of the City and if they shall fall within the
general plan for the City and the extensions thereof, regard
being had for public streets, alleys, parks, sewer connections,
water service, and service of other utilities, then it shall
be the duty of the Council and the Planning and Zoning
Commission to endorse their approval upon the plat; provided
that the City Council may require, as a condition of approval
of such plats, that the owner of the land bring all streets
to a grade and standard acceptable to the Council and comply
with such other improvements as the Council may deem
requisite for the protection of the public interest.
All newly constructed roadways providing access to lots within
two (2) miles of the Corporate Limits shall be in conformance
with the county right-of-way width of sixty-six feet (66')
and shall be improved as required by the City Council; the
minimum improvements shall provide a twenty-four foot (24')
wide roadway surface and shall be constructed with a surface
material having an equivalent to a Structural Number (SN) of
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4.0, and in accordance with the rural street standards as defined in Title 12, Chapter 2.
The City Council may require street and roadway improvements in addition to the
minimums as provided in this Section. Also, the City Council may require other
improvements as it deems requisite for the protection of the public interest. The approval
of any such plat, whether or not such approval requires complete compliance with the
provisions of this Title, shall not be construed as requiring the City to maintain any of the
improvements required to be installed in the subdivision.
(B)
The subdivider shall prepare and file in the Office of the Planning Administrator four (4)
copies of the preliminary plat conforming in detail to the requirements set forth herein of
any tract, lot, or parcel of land that is subdivided into three (3) or more parts for the
purpose of making an addition to the City or a subdivision thereof.
(C)
Prior to the City Council approval of a final subdivision plat, the developer shall file a
duly completed and executed bond, escrow agreement, or other collateral certified by the
City Attorney as valid and enforceable by the City. This guarantee shall be in an amount
determined by the City Engineer to be satisfactory for securing and making the
installation of all public improvements required by the Planning and Zoning Commission
and the City Council.
(D)
An application for approval of a subdivision plat shall be filed with the Planning
Administrator and accompanied with the required plats and with a filing fee, as
established by resolution in Section 5-15-2 in this City Code.
11-1-3 Requirements of Preliminary Plat. Such preliminary plat shall contain the
followinginformation:
(A) The scale used on the drawings.
(B) The title under which the proposed addition or subdivision is to be known and recorded.
(C) The dimensions of all platted lots and unplatted areas and contours of a two foot (2')
interval.
(D) An application for approval of a subdivision plat shall be filed with the Planning
Administrator and accompanied with the required plats and with a filing fee, as specified
in the City Code.
(E)
The location of all property lines, watercourses, streets, alleys, public grounds, and
similar features adjoining the platted area.
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(F)
The location and dimensions of all areas to be reserved for future use as school sites,
parks, playgrounds, or similar features and which are to be dedicated to the public for
such use.
(G)
The location and size of existing storm or sanitary sewers, water mains, or field drains
within or readily accessible to the platted area.
(H)
The location and character of all existing easements and those proposed to be provided by
the owner for utility purposes.
(I)
The location, dimensions, and present use of existing buildings within the platted area.
(J)
The bearing and distance from some monumented block or lot corner within the platted
area to some corner of a congressional division within the City.
(K)
A legal description of the area being platted, together with the name or names of the
owners and the name and seal of the registered land surveyor making the plat.
(L)
All elevations shown on the plat, profiles, and cross sections shall be referred to City
datum.
(M)
A general location map showing the proposed subdivision site in relation to the City of
Muscatine.
(N)
No strip of land shall be reserved by the subdivider, unless the tract is of sufficient size
and shape to be of some practical use or service, as determined by the Commission and
the Council.
(0)
Suitable public right-of-way for bicycle/pedestrian paths shall be carefully considered
and required on the preliminary plat when they are compared with the Comprehensive
Plan or designated as a part of the Running River Trail system as it may be amended
from time to time. All such paths indicated on the final plat shall be installed by the City
at such time as funds are available to the City for construction of the paths. All right-of-
ways for bicycle/pedestrian paths shall be not less than twenty (20) feet wide.
11-1-4 Preliminary Approval of Plat. Upon the filing of a preliminary plat with the
Planning Administrator, the Planning Administrator shall refer one (1) copy of such plat and
accompanying papers to the City Engineer, one (1) copy to the Building and Zoning
Administrator, and one (1) copy to the Planning Commission at its first regular meeting.
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The Planning and Zoning Commission shall review the application and preliminary plat
of the subdivision to determine if it conforms to the minimum standards and requirements
outlined in Chapter 2 and shall approve or reject the plat within thirty-five (35) days of the initial
Commission review. In the event of a large subdivision which is to be developed in a phased
sequence over a period of time, the Commission shall refer the overall preliminary plat to the
City Council for review and appropriate action.
The approval of the preliminary plat by the Planning and Zoning Commission, and if
appropriate by the City Council, shall not constitute final acceptance of the subdivision by the
City. The owner shall, within one (1) year following the preliminary approval of the subdivision
plat, prepare and file a final plat and other required construction plans and documents.
One (1) copy of the approved preliminary plat shall be retained in the Office of the
Planning Administrator and one (1) copy in the Office of the City Engineer. One (1) copy shall
be given to the subdivider and its receipt shall be authorization for the subdivider to proceed with
the preparation of plans and specifications for the minimum improvements required in these
regulations and with the preparation of the final plat.
11-1-5 Final Plat Requirements.
(A) The final plat shall contain all information required to be shown on the preliminary plat
and, in addition, the following information:
1. The proposed names of all streets, public ways, and places dedicated for public use,
lot numbers, dimensions, and areas.
2. The type and location of all permanent monuments at block and lot corners and
elsewhere within the platted area.
3. All radii, arcs, chords, points of tangency, and central angles for curved streets and
the radii of all rounded curves shall be shown on the plat.
4. The certification of the engineer and/or land surveyor preparing the plat with his
license number, and seal, signature, and the date of survey.
5. Certificate of approval for construction of water, electric, and gas service from the
respective utility companies, accompanied by a plat showing the easements required.
6. The subdivider shall file with the City two (2) sets of improvement plans and profile,
one (1) set reproducible.
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All plans and drawings are to be submitted on eighteen
inch by twenty-four inch (18" x 24") plan and profile
paper.
NOTE: The maximum size sheet for the final plat for
recording purposes under the Code of Iowa, Section 409.31.,
is eighteen inches by twenty-four inches (18" x 24").
7. Building setback lines and dimensions.
8. In addition to showing the sanitary sewer line, all
stub-in laterals to individual lots shall be indicated
and a notation on depth shall also be made on the plat.
(B) The subdivider shall file with the Planning Administrator,
not less than seven (7) days prior to consideration by the
Planning Commission of the final plat, the following:
1. Four (4) copies of the final plat.
2. One (1) reproducible copy of the final plat shall be
submitted.
3. All utility easements must be indicated, with signature
block with approval signatures from the respective
utility interests.
4. Two (2) copies of any agreement to be entered into
between the subdivider and the City of Muscatine pro-
viding for the grading of streets and the installation
of sewer systems and other utilities or improvements as
may be required.
5. Two (2) copies of a proposed resolution to be adopted by
the City Council accepting lands to be dedicated for
public use.
6. Two (2) copies of a proposed resolution to be adopted
by the City Council accepting the final plat.
7. The appropriate bond or other collateral approved by
the City Attorney and City Engineer to cover the estimated
public improvements.
(C) Before submitting the final plat for approval, the owner or
subdivider of the land being platted shall cause monuments
to be placed within the platted area as follows:
1. One inch (1") galvanized iron pipe monuments, not less
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than thirty inches (30") in length and driven six inches
(6") below the ground surface, shall be placed at each
block corner, each end of curves, and each angle or change
in direction along lot lines.
2. One-half inch (1/2") iron rods, not less than twenty-four
inches (24") in length, shall be placed at each lot
corner and left flush with the ground surface. Equivalent
material may be used upon approval of the City Engineer.
3. Each monument shall have the registration number of the
land surveyor in charge.
(D) Upon the filing of the final plat, the Planning Administrator
shall immediately refer one (1) copy of the final plat and
accompanying papers to the City Engineer and one (1) copy to
the Building and Zoning Administrator, and report to the
Planning Commission.
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TITLE 11 SUBDIVISION REGULATIONS
CHAPTER 2
MINIMUM STANDARDS: IMPROVEMENTS
SECTIONS:
11-2-1 Minimum Standards; Requirements
11-2-2 Improvements
11-2-1 Minimum Standards; Requirements. In this Section,
the phrase "the subdivider shall provide" means the subdivider
shall install the facility referred to at his expense and at no
cost to the City. All facilities must be installed in accordance
with these regulations prior to occupancy of the buildings. No
subdivision plat shall be approved by the Planning and Zoning
Commission, unless it conforms to minimum standards and require-
ments established by this Chapter.
(A) Acreage Addition. Whenever an area is divided into lots
containing one (1) or more acres and there are indications
that such lots will eventually be resubdivided, consideration
shall be given to the street and lot arrangement so that
additional streets can be opened which will permit of a
logical arrangement of smaller lots.
(B) Erosion Control. The submitted plan shall be reviewed by the
Muscatine County Soil Conservation District. The appropriate
recommendations of the Soil Conservation District shall be
incorporated into the plan along with a time schedule indicating
when ground cover or plantings will be installed.
(C) Blocks. No block shall be longer than one thousand feet
(1,000') between street lines, nor less than two hundred
twenty feet (220') nor wider than three hundred feet (300'),
except for special reasons where deemed necessary. In its
discretion and for good cause, the Planning and Zoning
Commission may recommend and the City Council may require
that a public walkway not less than ten feet (10') wide be
installed near the center of the block and that such walkway
be dedicated to and properly maintained by the City of
Muscatine.
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(D) Lots. All subdivided lots shall conform to the dimensions
specified in the appropriate Zoning District. The Commission
shall not approve a subdivision plat which attempts to create
lots which do not meet minimum standards as specified in the
Zoning Ordinance.
Corner lots shall have extra width to permit the maintenance
of building lines on both front and side streets. The
dimensions shall conform to the front yard requirements of
the Zoning Ordinance for the specific district.
Lots at street intersections shall have a radius of at least
fifteen feet (15') at the street corner.
All lots shall abut an improved public street prior to the
issuing of a building permit or if a proper performance bond
is submitted for street and other public improvements, a
building permit may be issued; however, a Certificate of
Occupancy will not be issued until the public improvements
are completed.
(E) Building setback lines shall be established as required by
the Zoning Ordinance and indicated on the final
-
plat.
11-2-2 Improvements. A performance bond or other security
which will insure to the City that the subdivision public improve-
ments will be completed by the subdivider within two (2) years after
City Council acceptance of the plat, and a maintenance bond from
the subdivider or his contractor, which will insure "to the City
that said improvements will be maintained in good and suitable
condition for a period of two (2) years after City Council
acceptance of the construction, shall be filed with the City through
the City Planning Administrator. The subdivider shall file a duly
completed and executed bond or other security certified by the
City Attorney as valid and enforceable by the City. The amount
of the bond or other security, as determined by the City Engineer,
shall be in an amount satisfactory for securing and
-
making the
installation of all the required public improvements. This
guarantee shall be retained by the City until the improvements
have been satisfactorily completed and accepted by the City.
It is the responsibility of the subdivider to obtain or
insure that liability insurance for both personal injury and
property damage are in effect for contractors.
The design standards for rural residential subdivisions as defined
in Title 12, Chapter 2, shall apply where appropriate. The following
improvements are required of all other City subdividers:
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(A)
Sidewalks. Sidewalks shall be installed, or caused to be installed, on both sides of
streets, placesandcul-de-sacs. Thesubdividershallinstallsidewalksaccordingto
specifications prescribed by the City and set at the grade established by the City
Engineer.
(B)
Street Improvements To be Made Upon Approval of Final Plat.
1.
Curbs and gutters shall be constructed by the subdivider on both sides of all
streets.
2.
Minimum right-of-way width for residential streets shall be sixty feet (60').
3.
Streets shall be filled or excavated to the grade approved by the City and
set by the City Engineer. All streets shall be graded the full platted width
and pavement shall be constructed of seven inches (7") of Portland cement
concrete pavement or equal. All streets determined by the City Engineer
to be local roads or sub- collector streets shall be not less than thirty-one
feet (31') or nine and one-half meters (9.5m) in width from back of curb to
back of curb. All streets determined by the City Engineer to be collector
streets shall be not less than forty-four feet (44') or thirteen and one-half
meters (13.5m) in width from back of curb to back of curb. All street
improvementsshallbeinaccordancewithCityspecifications.
Commercialandindustrialsubdivisionsshallbereviewedindividuallybythe
City Engineer for a determination of the thickness of the Portland cement
concrete.
4.
Inspection and testing of street improvements shall be performed under the
direction of the City Engineer or a qualified engineer and a testing
laboratory selected by the City Engineer. The subdivider shall bear this
expense.
(C) Storm Sewers.
1.
Storm Sewers. The plans for installation of a storm drainage system shall
bepreparedbythesubdividerandapprovedbytheCityEngineer. Design
shall be based on a ten (10) year frequency storm.
2.
Storm sewers, if practicable, shall be placed in either the parkway adjacent
to the street or where necessary, provided the proper easements are
granted.
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3
Minimum size of all storm sewers shall be twelve inches (12") reinforced
concrete pipe.
(D)
Sanitary Sewers.
1.
The subdivider shall provide the subdivision with a complete public
sanitary sewer system to each lot within the subdivision. In areas where a
public sanitary sewer outlet is not available, that is not within one thousand
feet(1,000'), thesubdividershall, orhisassignsshall, provideaprivatesanitary
disposal system in accordance with the State of Iowa Department of
EnvironmentalQualityandlocalsanitarydisposalcodes.
2.
The provision of a public sanitary sewer system by the subdivider shall
consistofallnecessarylaterals, pumpingstations, manholes, andother
appurtenances to provide for the discharge of disposal for the platted area.
3.
All public sanitary sewer systems shall be constructed in accordance with
plans and specifications of the City and at sewer grades as established by
the City.
4.
The subdivider shall furnish a "Sewage Treatment Agreement" from the
Iowa Department of Environmental Quality for the City to execute.
5.
The installation of such sewers shall be under the supervision and
inspection of the City Engineer and the subdivider may be required to pay
a reasonable charge for such engineering and inspection service.
6.
Prior to acceptance of the installed sanitary and storm sewer line by the
City the developer shall be responsible for televising the line and furnishing
a VHS video to the Engineering Department for review.
(E) Utilities. All gas, water, electrical, cable television, telephone, or maintenance of
any associated structures shall be placed underground. The subdivider shall
install, orcausetobeinstalled, allnecessarywatermains, hydrants, gasmains, and
electrical transmission lines and shall make said utilities available to each lot
withinthesubdivision.
(F)
Water Supply. The subdivider shall install, or cause to be installed, a
common deep well or install the Municipal Water distribution system by extension
for all affected subdivision proposals. Subdivisions involving eight (8) or more lots
require the developer to obtain approved well permits from the Iowa
Department of Water, Air and Waste Management prior to final plat approval.
Subdivisions involving less than eight (8) lots require the developer to submit well
plans, specifi-
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cations, and layout information along with the final plat for review during the
approval process. Affected subdivisions located south of Hershey Avenue and
County Road G-28, between the Mississippi River and the bluffs to the west,
commonly referred to as Muscatine Island, shall also have the option of extending
Municipal Water service or drilling common deep wells which penetrate alluvial
matter and clay strata to the point of bedrock in complying with the requirements
of the approval process. .
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TITLE 11 SUBDIVISION REGULATIONS
CHAPTER 3
DOCUMENTS TO BE SUBMITTED WITH FINAL PLAT
SECTIONS:
11-3-1 Required Documents
11-3-2 Document Format
11-3-1 Required Documents. Documents to be submitted with
final plat.
Upon approval of the subdivision, it shall be the responsibility
of the subdivider to record the subdivision at the County Court
House.
When the final plat is submitted to the Council, it shall be
accompanied by the following instruments, which will be current
within thirty (30) days prior to the date of the Council's
approval':
(A) An attorney's legal opinion placing the fee title, free
from unbonded encumbrance, in the owner, provided it may show
a mortgage or encumbrance if the plat is accompanied by a
consent to such platting by the holder of the mortgage or
encumbrance of all streets, easements, and other areas to be
conveyed or dedicated to the City of Muscatine within which such
land is located.
(B) A certificate from the County Recorder placing fee title in
the owner and certifying that the land is free from encumbrances
or free from encumbrances other than those provided for in an
encumbrance bond duly prepared, executed, and recorded by the
owner, as required by the Code of Iowa, provided it may show a
mortgage or encumbrance if the plat is accompanied by a
consent to such platting by the holder of the mortgage or
encumbrance of all streets, easements, and other areas to be
conveyed or dedicated to the City of Muscatine within which
such land is located.
(C) A certificate by the owner of the property and spouse, if any,
that the subdivision as it appears on the plat is with free
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consent and is in accordance with the desire of said owner
and spouse, dedicating the streets and other public property
shown on the plat, establishing the setbacks, declaring the
limitations on easements, and providing for any restrictive
covenants needed or requested.
(D) A certificate from the County Treasurer certifying that the
land is free from taxes.
(E) A certificate from the Clerk of the District Court certifying
that the land is free from all judgments, mechanic's and
other liens, or attachments as shown in the records of that
office.
(F) One of the following:
1. A certificate bearing the approval of the City Engineer,
stating that all improvements and installations to the
subdivision required by this Article have been made or
installed in accordance with specifications.
2. (a) A performance bond or bonds with the City, which
will insure to the City that the subdivision
improvements will be completed by the subdivider
within two (2) years after Council acceptance of
the plat and a maintenance bond or bonds from all
the subdivider's contractors with the City, which
will insure to the City that said improvements
will be maintained in good and suitable condition
for a period of two (2) years after Council
acceptance of the construction.
(b) The term "maintain" or "maintained" shall be defined
as pertaining to the repairs which shall become
necessary because of defective or faulty workmanship
or materials in the improvement completed by the
subdivider and/or his contractors.
(c) The form and type of a performance bond or bonds
shall be approved by the City Attorney and the
amount of any bond shall not be less than the
estimated cost of the improvements, as determined by
the City Engineer, and the amount of any performance
or maintenance. If the improvements are not
completed or maintained within the specified times,
the Council may use the bond or bonds or any
necessary portion thereof to complete or maintain
the improvements.
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(G) A certificate from a registered land surveyor, including an
accurate metes and bounds description of the addition.
(H) Two (2) resolutions and a certificate for approval by the
Council.
11-3-2 Document Format. The forms set out in this Section
shall be used, as required, in conjunction with final plats.
LAND SURVEYOR'S CERTIFICATE
Each final plat submitted to the Council for approval shall
carry a certificate signed by a registered land surveyor in
substantially the following form:
I,__________________ , hereby certify that I am a registered
(Name)
land surveyor, licensed in compliance with the laws of the
State of Iowa; that this plat of __________________________,
(Name of Addition)
an addition to the City of Muscatine, Iowa, correctly represents
a survey completed by me on _______________ ; that all of the
(Date)
monuments and pins shown thereon (will exist by _________ as
(Date)
required by the Code of Iowa) (do exist) and that their
location, size, type, and material are accurately shown; and
that the correct metes and bounds description of said
addition is as follows:
(SEAL)
___________(Signature)____________
_______(RegistrationNumber)_____
DEDICATION CERTIFICATE OF OWNER
Each final plat submitted to the Commission and the Council
for approval shall carry a certificate of owner in substantially
the following form:
We, the undersigned, ________________________ , owners of the
(Names)
real estate shown and described herein, do hereby certify
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that we have platted and subdivided, and hereby lay off, plat,
and subdivide, said real estate in accordance with the within
plat. We do further certify that this plat is made and
submitted with our free consent and desires.
This subdivision shall be known and designated as _______
(Name of
, an addition to the City of
Subdivision)
Muscatine, Iowa. All streets and alleys shown and not
heretofore dedicated, are hereby dedicated to the public.
Front yard building setback lines are hereby established as
shown on this plat, between which lines and the property
lines of the street there shall be erected or maintained no
buildings or structures.
A perpetual easement is hereby granted to any local public
utility or municipal department, their successors and assigns,
within the area shown on the plat and marked as an easement,
to install, lay, construct, renew, operate, maintain, and
remove conduits, cables, pipes, poles, and wires with all
necessary braces, guys, anchors, manholes, and other equip-
ment for the purpose of serving the subdivision and other
property with the underground telephone, storm sewer, cable
television, electric, gas, sanitary sewer, water, or other
service as a part of the respective utility system; (Further,
as an overhead easement is hereby granted for those overhead
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utilities in existence at the time of this platting); also
is granted, subject to the prior rights of the public therein,
the right to use the streets and lots with underground service
lines to serve adjacent lots and street lights, the right to
cut down and remove or trim and keep trimmed any trees or
shrubs that interfere or threaten to interfere with any of
the said public utility equipment, and the right is hereby
granted to enter upon the lots at all times for all of the
purposes aforesaid. No permanent buildings shall be placed
on said area as shown on the plat and marked "Easement", but
same may be used for gardens, shrubs, landscaping, and other
purposes that do not then or later interfere with the afore-
said uses or the rights herein granted.
Dated at Muscatine, Iowa, this
day of
(Date)
(Month)
19
(Year)
(Husband)
(Wife)
or
(Office)
(SEAL)
(Office)
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STATE OF IOWA
)
) ss:
County of Muscatine )
Before me, the undersigned, a Notary Public, in and for the
County and State, personally appeared ____________________
(Names)
and each separately and severally acknowledged the execution
of the foregoing instrument as his or her voluntary act and
deed, for the purpose therein expressed.
Witness my hand and notarial seal this ______ day of
(Date)
, 19 .
(Month)
(Year)
(SEAL)
Notary Public
OR
STATE OF IOWA
)
) ss:
County of Muscatine )
Before me, the undersigned, a Notary Public in and for the
County and State, personally appeared ______________ and
(Name)
, to me personally known, who being
(Name)
by me duly sworn did say that they are the
(Office)
respectively of said corporation executing
(Office)
the within and foregoing instrument, (no seal has been procured
by the said) (the seal affixed thereto is the seal of said)
corporation; that said instrument was signed (and sealed) on
behalf of said corporation by authority of its Board of
and
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Directors and that the said __________________ and ____________
(Name)
(Name)
as such officers acknowledged the execution of said instrument
to be the voluntary act and deed of said corporation, by it
and by them voluntarily executed.
(SEAL)
Notary Public
TAX CERTIFICATE
The certificate reflecting the paid taxes on the subdivided
property shall be in the following form:
STATE OF IOWA
)
) ss:
County of Muscatine )
, Treasurer for the County of Muscatine,
(Name)
State of Iowa, hereby certify that I have examined the records
of said County, and find that the following described real
estate, to-wit:
taxes.
(SEAL)
is free from
(Name of Addition)
Date
Treasurer, Muscatine County
Iowa
LIEN CERTIFICATE
The certificate reflecting liens on the subdivided property
shall be in the following form:
STATE OF IOWA
)
) ss:
County of Muscatine )
I,___________________________, Clerk of the District Court for
the
(Name)
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County of Muscatine, State of Iowa, hereby certify that I
have examined the records of this Court, and find that the
following described real estate, to-wit:__________________
(Name of
_______________ is free from all judgments, mechanic's or
Addition)
other liens, or attachments as shown by the records of my
office.
(SEAL)
Clerk of District Court
Date
ENCUMBRANCE CERTIFICATE
The certificate reflecting encumbrances on the subdivided
property shall be in the following form:
STATE OF IOWA
)
) ss:
County of Muscatine )
I, ____________________ , Recorder for the County of Muscatine,
(Name)
State of Iowa, hereby certify that I have examined the records
of said County, and find that title in fee to the following
described real estate, to-wit:
(Name of Addition)
is found in
and
and I
(Name)
(Name)
further find that said real estate is either free from
encumbrance or free from encumbrance other than that secured
by an encumbrance bond properly executed and filed with me
on _________________ , 19 , and that said bond has been
(Date)
(Year)
given instrument number
or free from encumbrance other
than that shown if the plat is accompanied by a consent to
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such platting by the holder of the encumbrance and a release
from the encumbrance of all streets, easements, and other
areas to be conveyed or dedicated to the City.
(SEAL)
Recorder, Muscatine County,
Iowa
Date
ATTORNEY'S CERTIFICATE
The attorney's certificate shall be in the following form:
STATE OF IOWA
)
) ss:
County of Muscatine )
__________________, certify that I have examined the records
(Name)
of Muscatine County, Iowa, and from such examination find
title in fee simple to the real estate identified as
______________________________, an Addition to the City of
(Name of Subdivision)
Muscatine, Iowa, free from encumbrance or from encumbrance
other than that secured by bond or free from encumbrance
other than that shown if the plat is accompanied by a consent
to such platting by the holder of the encumbrance and a
release from the encumbrance of all streets, easements, and
other areas to be conveyed or dedicated to the City, as
of this date, to be vested in
(Name of Owner)
DATED this
day of
___________
, 19______ •
(Date)
(Month) (Year)
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11-3-2
By
(Name)
Attorney-At-Law
MAINTENANCE BOND
The maintenance bond shall be in the following form:
KNOW ALL MEN BY THESE PRESENTS THAT WE, _________________
(Contractor's
, as PRINCIPAL, and
, a company
Name)
(Surety)
duly authorized to transact business in the State of Iowa,
as surety, are held and firmly bound unto the City of
Muscatine, Iowa, as obligee, in the sum of $____________ for
payment whereof well and truly to be made, the principal and
the surety bind themselves, their heirs, executors,
administrators, successors, and assigns jointly and severally
firmly by these presents.
SIGNED and sealed and dated this _______ day of _______
(Date)
(Month)
19 .
(Year)
WHEREAS, the principal has entered into contract for the
construction of
(Improvement to an Addition)
to the City of Muscatine, Iowa.
WHEREAS, the obligee has required said principal to furnish
a bond guaranteeing remedy of any defect in material or work-
manship within a period of two (2) years from the date of
official acceptance of the improvements by the City Council
of the City of Muscatine, Iowa.
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NOW, THEREFORE, the condition of this obligation is such
that if the said principal does and shall at his own cost and
expense remedy any and all defects that may develop in said
work, then this obligation shall be null and void; otherwise,
it shall remain in full force and effect.
By
Principal
By
Surety
By
Agent & Attorney-In-Fact
STATE OF IOWA
)
) ss:
County of Muscatine )
On this _______ day of _______________, 19 , A.D., before
(Date)
(Month)
(Year)
me, the undersigned, a Notary Public, personally appeared the
above named
Principal (Agent or
(Name)
Attorney for Principal), and/or
Surety
(Name)
(Agent or Attorney for Surety), to me known to be the person
or persons named in and who executed the foregoing instrument,
and acknowledged that he (they) executed the same as his
(their) 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.
(SEAL)
Notary Public in and for
County, State
of
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Name of Local Insurance
Agent
Address
RESOLUTION NO.
WHEREAS, there has been presented before the City Council of
the City of Muscatine, Iowa, a dedication and plat of a
subdivision of the following described real estate situated
in the County of Muscatine, and State of Iowa, to-wit:
(Insert Legal Description)
which dedication and plat lay out and subdivide said real
estate into (# of lots) lots; and
WHEREAS, said plat has heretofore been approved by the
Planning and Zoning Commission of the City of Muscatine,
Iowa; and
WHEREAS, said dedication and plat fully conform with all
laws of the State of Iowa and all ordinances of the City of
Muscatine, Iowa, applicable thereto; and
WHEREAS, the platting of said subdivision is conducive to
an orderly development within the City of Muscatine, Iowa;
is not in conflict with any extensions of the established
street system of the City of Muscatine, Iowa; and is in
harmony with the Comprehensive Plan of zoning now in effect
within the City of Muscatine, Iowa.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF MUSCATINE, IOWA, as follows:
Section 1. That the dedication and plat of (name of
subdivision), be, and the same are, hereby accepted and
approved, and that in filing of approved bonds or other
security guaranteeing to the City that all of the improve-
ments required by Title 11 of the City Code of the City of
Muscatine, Iowa, will be installed within two (2) years from the
date hereof and in accordance with the plans and specifications
for the installation thereof now on file in the Office of
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11-3-2
the Planning Administrator.
Section 2. That said subdivision be, and the same is
hereby designated as (name of subdivision) to the City of
Muscatine, in Muscatine County, Iowa; and that the descrip-
tions of the lots and parcels of land located therein shall
be according to the number and designation thereof as set
forth on said plat.
Section 3. That, upon the filing of approved surety
bonds, the Mayor and City Clerk of the City of Muscatine,
Iowa, be and they are, hereby authorized and directed to
certify this resolution in order that the same and all other
matters material to said subdivision may be recorded in the
Office of the Recorder of Muscatine County, Iowa.
PASSED, APPROVED AND ADOPTED this _____ day of
19 .
BY THE CITY COUNCIL OF THE CITY OF
MUSCATINE, IOWA
Mayor
Attest:
City Clerk
CERTIFICATE OF THE MAYOR AND CITY CLERK
The certificate of the Mayor and City Clerk shall be in the
following form:
STATE OF IOWA
)
) ss:
County of Muscatine )
We, _____________________ and
, do hereby
certify that we are the Mayor and City Clerk, respectively
of the City of Muscatine, Iowa; that the dedication and plat
of Lots _________________ of ____________________ (Name of
Subdivision) to the City of Muscatine, in Muscatine County,
Iowa, were presented to the City Council of the City of
Muscatine, Iowa, on the
day of
, 19
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that the following resolution was duly adopted by said City
Council at a meeting thereof held on the ____ day of______
______________ , 19 , at 7:30 o'clock P.M., at which meeting
a quorum was present.
The dedication and plat of said subdivision were thereby
accepted and approved by said City Council, approved surety
bonds have been filed in accordance with the provisions of
said resolution; and that the undersigned were authorized
and directed to certify said resolution in order that the
same and all other matters material to said subdivision may
be recorded in the Office of the Recorder of Muscatine
County, Iowa.
Dated at Muscatine, Iowa, this _____ day of
19____.
(SEAL)
Attest:
Mayor
City Clerk
CERTIFICATE OF THE EXECUTIVE SECRETARY
OF THE PLANNING AND ZONING COMMISSION
The certificate of the Executive Secretary of the Planning
and Zoning Commission shall be in the following form:
STATE OF IOWA
)
) ss:
County of Muscatine )
__________________________ , do hereby certify that I am the
Executive Secretary of the Planning and Zoning Commission
of the City of Muscatine, Iowa; and that the attached plat
of lots (# of lots) inclusive, of________________________
(Name of Subdivision) to the City of Muscatine, in Muscatine
County, Iowa, was approved by said Commission on the _____
day of ______________ , 19 , as shown by the records of said
Commission now in my possession.
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Dated at Muscatine, Iowa, this _____ day of
19 .
(Name)
Executive Secretary of the
Planning and Zoning Commission
of the City of Muscatine, Iowa
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TITLE 11 SUBDIVISION REGULATIONS
CHAPTER 4
ENFORCEMENT
SECTIONS:
11-4-1 Approval Required
11-4-2 Building; Repair Permits
11-4-3 Conformance
11-4-4 Changes; Amendments
11-4-5 Validity
11-4-1 Approval Required. No plat of any subdivision shall
be entitled to record in the County Recorder's Office or be of
any validity until it shall be approved in the manner prescribed
herein. Upon approval, the subdivider shall be responsible for
the recording of all necessary documents and plats.
11-4-2 Building, Repair Permits. No building or repair
permits shall be granted for any structure located on a lot in
any subdivision within the limits of the City, the plat of which
has been prepared after the adoption of this Title, but which has
not been approved in accordance with the provisions contained
herein.
11-4-3 Conformance. The Council shall not permit any public
improvements over which it has any control to be made or any money
expended for improvements in any area that has been subdivided
or upon any street that has been platted after the date of the
adoption of this Title, unless such subdivisions or street has been
approved in accordance with the provisions contained herein.
11-4-4 Changes; Amendments. Any regulations or provisions
of this Title may be changed, modified, or amended from time to
time by the Council, provided, however, that such changes,
modifications, or amendments shall not become effective until
after study and report by the Planning Commission and until after
a public hearing has been held, notice of which shall be given
in a newspaper of general circulation in the City at least four
(4) days prior to such hearing.
11-4-5 Validity. If any section, subsection, sentence,
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clause, or phrase of this Title is for any reason held to be
unconstitutional or void, such shall not effect the validity of
the remaining portions of this Title.
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