HomeMy WebLinkAbout1992-07-14 Resolution
Ir
"7"
-"
, '.,IT',";'
:~-:'"
I
I
t,"
"
~;.~ '
'1',:,:',
C--.'
"1,";"0 ;'..
, "
',",
f:.' :i, 1~, :', !.:.~ . ,
F',;', - I,
'I/i.;
~'I'.' ,
,'.-: "'{I,(
;'
,'"
~,l ' "
r;:
:'
"
'h .
~'. ;'
\',
,
f'..
1,."
]':
?:i:;:.,:
<'-'c:,;\;i.~ '_
-
-
-
.
';' - -=' ":"
-'-'
. ". Ti~i[fi~jN~~Vi ,:,;.,:.';';:;;;;,;,:.i']'i,!j
e' "','i",."j' 'b;"""""J' 'i/o""'j' "Q'Q1'1>,'i:
,', ,,:;:, ~'-:.<' ':".~>f\'!~.'i:' .:y~):~,:;;:~>:(,,:'~.~.,f:'~~
" ,", ,.. >.f'~ "'i- " . ,"", '." .' " ,I, ",,~
,',.':(i,:'.X\;~W" i:.'},', -..:" .;:;': ::<':'" !'_'. ,~.:i;>",:~/:;:..
" :. :,\l~l1! ,:;~, . -. '. " ~:,~A~
/' ,:J.~f 1JP,I'l" , . '... \'..
~ ~ & 'c '~ ('j.;,j;t:';~~:'il);,v:;.:';";i" ":,:':"1
C ~ ,; 't'.~~ \~.:.L'1'll ". .t', I, .' ""l
. {'''-tv-.et '-'". ~,.'",,&, UA'~,'-,":,'..",", '''''.l'\g~'ll;j"",,''''I''~'I... ,,..,",~
. . ,".:,';:..i'~l~~~ l'j' , : I'~I ,::(, ,""l;~'.(,\'
.,\.~;,,::f#h~ ,r~'~I~~' ':_', 'j'~'! ;'-'~ .: ',i., ;~:"\:,\ :,1
If').... I . I '('Y 'd ~\)((!' ~,' /,.'.;}.....:; , J ,;,;/:, ::~
v~ ~~.')\.:ta, ~~'1. t), ;.~:~:I:,I~;~~::I.:~:1.~\.(f{~#1*~}ti'i.I~::~\..:..~
~ ~ ~) M_;~:;~;,i~;~~~~c~J~1
-to -IL ~ [,I. ! ..J.. """"A\,.,t't...,~...:.."..,:j"........\\,..,(::._"":J
;"'Wl.. "], U'-'I.. .,}\.(--~,~ if ":JI:'X~"'\'..IM'i" "~':",';',\',;:;:'j.'" ':...'.;,
vr ..... ~l~;~:~"""-\>llf,
. '>; ~F;r~IJ~Il'" - "'{,I'; r,' . '^ dt' ',1 J
'~,' Ii-j'- ~ . ~f~ ~-'-' f!-. ,.JL,(L(; ~. :':~;',:;I,;;j~~ ~~
-v 1/ .....~.\;..-:},,/..:Js,. . . ., ' l'\., I
. <' :~~i ".~'~.;J t'l~;i~:i:'U;:'(' ,: :-, : ~:. w ;:\: : \ ;<~ ,;~~, ;,.:.."..;t::":c'~~l
rYt, ~Y.v .~, ~'~~. ~lo ({,e C~:;;;~~dii;:~':!l
(j' 0 ',' """."'I.irJ,l,i'''d0 ,'" .".."",:j
h.J, '7:0 ~1..-V\ G:J)~ '17. c \. o~ '~Y';-eM:i'S:.iJ:';;;'\,'j
5.:-J-~~ v ~~~t) U'Q ~+:~::- c':.tQ ,.:l~t~~s;,.':w;;\I~,
I {j,. ",' ..:.:I-~h'I1~~~.~~.;f~~""':1 ::,<;'i"":':'~'~~~:':::j<;' ~,}~\':~y: :.~'~
GJ!...Q. -4-- u.~ V"l1o.-O'u-cC'l,\ / J-J-Qa. 6-u':)>!..~"UjJ)~~.;~:'.:'.::.
. () (\ f} "," ,'.'<<;"'!'~,;(;:~.:,~t~~~;W~f';-.'{fiJ!d::: '-:<</:/.:.\,;:~':;.;?~(~Y?:\.r~f.~,~:
~...... /YV\.<;J..f'L.ll.... (,1... ,u,-V'-<1-'_"JL.r.~%"",.. "",.' """':-;"0,',",,, ~!':;8:;t~?;
'. "..;,),!.fd. ..:tt:f~""";"I"'" '~'''''I''~'~\'''''''''',,~'ll,
~" ~.., I:'l)!':'i:j,'~: .".JlW1i.~"":Y'i:'.~".'~"'-~';"tp.j.~....~;I'~H'~';"fl;
. . . ~ ...;")'\.C--1. (I ..... . .A..A-~'l OA.Jfi. . -:::~~rt.,.-;\;.~.':tl~"b'r>~ :1""''>':~ ,'-';)rj;\,:.(,;/.,;:..~:1<1l:'~;lil':
. -' . "-"-- .....-.......-' - I '. , . ;.:;::~.,:;'~: .;tl"~-':>""'.!;:~.',;~l(~::'>.L':~:.\~;:.::i.::;~~i:'1ii
. ......':,'..;f'".i\t,lil~\tf.(,f,.,.I~ 'Vo"Lr-,j ""'t;""".1 ~":("'~.l' ,1"",:~
Q~ A' /)':f ':'-::,:.:::;t'W~~~ti!i~ ~~,~1~i'/~,:Y~{il{D"~~~b~;t6:ti~A:li
Y':' .' C T '~I.".~ (.~, .,'F'!'1i~if';i!:i'~;\IVZ:i7.8'~;;s.s2;~;!<;l
~ f) ,. j --;l.. I -1-0 ,'"fl;~":" 'i\\r}'e'< ",,;;'.",,,,:, "'," ,;F"<i/ul..,.:.,,
~ ~v ~V'"e!'-. ,~LA.'~1 L<J ~.sJ~,.~"j-i- .~,,'.~.;,~;;..,;~'.:,..: ': :';:J:::~9..:':~}~i:~i{~}t~j~;~j
+ I, t Q " ~'l"~;.';"'''\'':;'''':'Y' ',;~..,':i":""W,j"'J
. ;1/: ~~ ~A G~::::~:i=~;i~~t~ii~t
,', ":t;:t;~~:..:;!: 1,~:..r;:\'tB ~!~~l,;~l!%';~!f~~/:,:':.:'~ 'l~l'\' ;~'..:,:, ~ ::Y"F"';~(f',i:,::\\;;,:"/r'), "j
~ .,(IA-1,.Jwa4 .l..<:,"'-J l:l~ ,~~~ ~~0r.~}J~;Wl
v -1/ f'-'" :';;;"'';'1i:!\~'~,T, /,t~,-(:..~: \I~\' ;,';', ;:'i'("'~/';:;'\';'i,l"r;)},
I I . ~\;(",.,,1 "',:'::YJ::~~_;'j~L,iI::..- . "'-',"""~,
'. ,04. .~~'"'-~ ,","'] -LI;:'~ A ~>J'J;ii;\;iii1fdQ~.;~J'f;},~.,.\;'N,)t~
, " . ~ :-:":''''0J}II!lfi~lPh,'''~~'f'.'I!''/J~';;N,~~~H\i.(-!j,i
: V..o.J....u..4--W-. tJ.~c1..o\ JL..),-,', ~l .-<..cl.. "~,;~~%\P@%:J\'~i~}%~1
I ~ 0 {P ~I"":.i "':';':r'~~~\,*~t~~":"j":~~"'i~l":~:::"'~?,.r~'1~1"1.?~}jl
J., ,(" ,J_ "'~ -v..J-i! ~~ "....., . hn , 'Co,' ,;r" ,',' "', ,i ;,:'.
U...J -v"...,.....r v\...O \ \1.,l.\,.'I."~:1t ,",1'1 "; ~'''d
"I '1"1.~,!itl ".'" ':. ' ~ ;th' ,
~ G. . """"'S'![!ll)!~"""'\I"'I, .~ \~
;).k. (' ~ -"f')n.._-",,,^";\'~l',! \ ':"" ",,:,
/1J1/..-:).(>1'" "r,..e'-U .~ . , ,.~n~l\' I' "1'1 "',),,,','" "yj""
I I -- , 'I '"I "" f;',", .. f' ",', ~'I # .li
, J 17' I;, 1 t,'b:~~r!>'.i!~V~',":'.,~\<.f'_""/";1..:ul ~ I
-4... . Ul ' L '.H'~~"A.u-l;....l
fr " ~~~1.-,1 c.^.t,4.1p-1'~I. / U! ,,,,,,~';r,,,,,,,,, '\'~" .,'.'i':: ,: ''''','1
....<.4.. ,.,.(-1/''''. (/ ";",,:'t'tl~il.1~l~'~,:.:.~.:,. .,) 'I,'"~ "I
I /1 ~n ,~, 1" !l/,~ ' (I,".::
~ d..r\.LV<-Uv .,,",,_ L ,,"'\~'i\ ..,' " , ~,. " 'fff;j"'~'
+ ~' ,.V .'" '111'-1'-'" .\ ,"~"\I ,I
tJ I:i P. " ,.',' I', "" . '11,' i
., '~J -tJ(< iMAJ-,' ~ c... ~.M'):";I"'{,;'iNI!ii:Y'\,,, ,:,' /.i'"",""." ,:'
~..r/'V ..' /, ~ (j " i1ii,,:I'\'j~{f/'; 0'"[" ,.ew~
(J () )11I..v..o... jIA,.Q,..)\ ,../,iJI--vL. ,,; ,41~j~i~;j(). ",:' ><:0 ,:" ,"~
t;J.r... ~l, /1 J.;i I" (i<.( 6~A':,,~~'~w4r"1
~' .. J .A'I.-<-^-,-, c.t", (I ."",~~,.f,,~,;'~~,~rl~"il'\\'I"'!\""'i" ",:,.." ',,,.
A l.J-Q""'\..I I \.f~.' III \' "I' '''r: ,,'. ~ 'I '
"~' d e eL'C "'L.:r<'t.), 'iI'Jdi'!"':} ",}'.:,~'.,,:, ,;
Ii- , . IJ. ... l' ta-, l-<-L.. l.,. ..' C7\ , \.1, ,i . ~r:;~" , ~\~,. ',.'
f}1.trr ~-- \, \'~"" " ,C.',
:0':','1'; 1711"(1 hl'1~J, ,~,;f~.J ...
IS)? f) .O-.e~:;,~'~
. "','.,.
I
,
.1:.~.~,:~,A~i:;,\;~::':::, .
.-J1)i~ i '.i \rJiit'.lh,:'.'!:~' ; 1',
"I
,"",., ,.' ft., .".,'
,,:,;l~?B.:1
-,,"~~
,.
~.
~
V' IJ, fJvry 6ww~v
f,l/ ,
7- /1- (2
I 1I0uld lille to take this opportunity to address issues regarding
orcl
the closure of Nmh Dubuque Roaa which is currently before the
City Council at the request of American College Testing(ACT),
olJ
ACT wishes to close NaJ::i;Il Dubuque Road in order to create a closed-
campus environment,
First of all, residents near and around this complex, which is
situated north of IOlla City cn Highllay #1, at the intersection with
I-SO, must maintain "right of access" to their respective properties
"
or parcels,
Secondly, this road is the :propcrty of the ,city of Iowa City,
and vacating this road wil1 make any future allignment or extsnsion
lIi~l First' Avenue more difficult for our city to accomplish,
Thirdl.y, America.n College Testing has been inaccurately described
by both council-members Ambrisco and Courtney as "an excellent corporate
neighbor", !lothing could be further from the truth,
Locally, ACT has contributed and exaserbated a trend toward temporary,
unskilled, unorganizsd, no-benlfits labor, At every chance, this non-
profit entity has balanced it's books on the backs of the IIcrking poor.
Recent lIage cuts for "non-professional" or "hourly" employees are an
indication of ACTs' "commitment" to building buildings, not lives 01'
careers,
Finally, lie all pay taxes, either directly or indirectly, the amounts
of lIhich shoul~ not loverar,e political favortism, This may technically
be a "cleM" industry for this city to have, but the way this company
acts is quite the opposite.
I urge the Council to scrutinize this request by ACT, and reject it,
r~
jS7r,
--
LJ'-
-:1m.
11rMI'l!llt!llftll.lllll'>rl-.'
-"_r-!ll __
.....-
i
,
i
I
I
1
I
I'
I
i
[
,
1
I
,
!
"1
I
,.j
"
\l
"
""
.
I
q
-
w .......
, .
.. .... w ,....
1
,
, ,
~;r.
Richard L Ferguson
President
'.
July9,1992 ~~
t6f'1 ~ Ccti .
: "
Stephen J. Atkins
CI~ Manager
Ci~ of Iowa CI~
410 East Washington Street
Iowa CI~, Iowa 52240
.,';.
Dear Steve:
During the CI~ Council meeting on Tuesday evening, It was Inferred by one of the public speakers that ACT
had, on some occasion, denied permission for one of Its neighbors to extend a sewer line through ACT's
property to facilitate development of the neighbor's property. this Is not true.
We have no record, or memory, of a request from any neighbor, developer or other Interested party having
sought permission from ACT to extend a sewer line through ACT property. We have, however, been
contacted twice about that proper~.
In May of 1990, we were contacted by a local developer who proposed that ACT trade 35 acres of lis
proper~ for 38 acres of our neighbor's land (presumably with the assumption that the developer would
acquire rights to the neighbor's land), That proposal also called for the developer to extend a sewer line to
the neighbor's property. ACT elected not to accept the offer for an exchange of land, It Is Important to note,
In this regard, that ACT was not asked to grant an easement for sewer construction through Its property; it
was asked to exchange property, We responded on that basis only.
ACT was contacted about the proper~ on a second occasion when a local realtor Inquired of Joe Pugh about
ACT's Interest In buying the neighbor's property. After consulting with me, he Indicated that we were not
Interested In acquiring the proper~ as we had already completed our long range master plan for the ACT
campus, a plan that requires only about 100 acres of the property we currently own. According to Joe, no
reference was made to the extension of a sewer line to our neighbor's property on that occasion.
I have enclosed copies of correspondence documenting the first of the two contacts, Because the second
Involved an Informal conversation, we have no written record of It. Should members of the Council wish to
rovlew the documents pertinent to the first matter, please make them available for their reviw.
American College Testing
Iowa Cily, Iowa 52243
(319) 337-1079
/5781
~.
l1f
~
,
i
I
I
,
i
,
I
I
i
,
f
r
J
1
. ~
5
~
. ~
i
I
I
Stephen J, Atkins
July 9, 1992
Page 2
In summary, ACT has navar been asked by any of Its neighbors, or any other party, to grant permission for
extending a sewer line through ACT property. Were we asked to do so, we would behave as we hope our
neighbors would If we needed similar utility access through their property; we would work with them and the
City.
Sincerely,
~
Richard l. Ferguson
Enclosures
i
,
,
I
I
1
,
I
I
,
I
I
I
I
,
,
!
.- I
I
\.'
i
I
~J.
.,;-:
I
15'~1
-
--_._....~ . ~_._-
.'WJl:Hi,l- _-
'""
L~~',
,','
~.
!"
"
i
I
I
I
,
,
i
~
ACt
June 1, 1990
Mr. Bruce R. Glasgow
President
Plum Grove Acres. Inc.
834 N. Johnson St.
Iowa City, Iowa 52245
Dear Bruce:
On May 17 ACT received an offer from Plum Grove Acres. Inc. to trade land
and provide other improvemen ts in an area adjoi ni ng ACT's property to the
south and eas t. Arter care fu 1 cons i dera Lion of thi s propos a 1 and its
potential benefits for ACT, it is our decision not to pursue the matter
further. ACT does not wish to negotiate for the disposition. or development,
of any of its land holdings at the present time.
Thank you for your interest.
Sincere ly,
~ n. P".h. J"
Vice President
JBP:js
2201 Norlh Dougo Shool, r,D, 00,100
lown CUy, lown 522~3
(319) 337.1000
1516!
--~-_._._._._..~.._.- -
- 1UI\."-
, ,
_.i,~""':-~_ """'-- ~,:;
M'"
-
..1.
I'
:,'
... -
..
_. -
~.
I
q
MAY 17, 1990
AMER I CAN COLLEGE TEST! NG
IOWA CITY, IOWA 52245
A TTN: JOE PUGH
GENTLEMEN:
PLUM GROVE ACRES I NC. I S A LAND DEVELOPI1ENT FIRM NOW
WORKING SOUTH OF YOUR 80UNllAf1Y LINE IN A SU8DIVISION KNOWN AS
FIRST AND ROCHESTER.
1'" THE PRESENT TIME WE HAVE 20 ACRES OF LAND RE~IAINING
U~!DEVELOPED DUE TO AN IOWA CITY DIRECTIVE STATING THAT ALL
SU8DIVISIONS SHAL.L HAVE A SECOND ACCESS ROAD.
TO THIS END WE HAVE SEARCHED FOR THIS SECOND ACCESS POINT.
THE KRALL FARM JUST EAST OF YOUR LAND AND NORTH OF OUR LANDS
HAS 8EEN LISTED FOR SALE. WE SEE THIS FARM AS A POTENTIAL FOR
THE SECOND ACCESS POINT. HOWEVER, A PARCEL OF LAND THAT IS OWNED 8Y
ACT LIES 8ETWEEN THE PLUM GROVE LAND AND THE KRALL FARM.
ENCLOSED IS A PLAT SHOWING ALL THE OWNERSHIPS OF LAND IN THE
AREA. ALSO ENCLOSED IS A PROPOSAL THAT PLUM GROVE ACRES INC.
AND AMERICAN COLLEGE TESTING TRADE CERTAIN LANDS.
PLUM GROVE ACRES IS IN A POSITION TO OFFER TO ACT A ROAD
PATTERN TO THE I R LANDS ON THE EAST, TO t-iAI<E SEWER AVA I LA8LE TO ACT
FOR A PORTlOI~ OF THEIR EAST LANDS, ,0 GIVE ACT AN ACCESS TO THE EAST
THRU THE KRALL FARM AND TO TRADE 35 ACRES OF RESIDENTIAL LAND FOR 38
ACRES OF OFFICE RESEARCH PARK LAND.
PLUM GROVE ACRES INC. ASI(S THAT YOU GIVE THIS PROPOSAL
CONSIDERATION AND DIRECT IT THRU THE PROPER CHANNELS FOR APPROVAL.
WE WILL APPRECIATE A REPLY AS SOON AS POSSIBLE.
SINCERELY:
ENCLOSURE: PROPOSAL
ENCLOSURE: AREA PLAT
~LUM OVE ACRES, INC.
)/1
V'td4:.~ 12 e&~t iJi-J
RUCE R. GLASGOW, PRE~~ENT
I FRANK BOYD, SECRETARYV'
/,781
-
.__...._.....--~_._--
_n-.-.-.....t -- ."'..
.
W-.'
-- ..
I
I
I
1
!
I
j
,
I
1
."~----......oL.
- - -
, ~ .... I
"
, ,
J
j
,.. T
I
, '
~.
i
RESOLUTION NO.
RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT IN CONSIDERATION OF THE
LOCATION OF PUBLIC STREETS IN NORTHEAST IOWA CITY BETWEEN THE CITY OF IOWA
CITY. IOWA AND AMERICAN COLLEGE TESTING
WHEREAS. American College Testing of Iowa City. Iowa (' ACT'I and the City of Iowa City, Iowa. a
municipal corporation I'Cit~') have agreed to certain consideratio,ns with respect to the location of public
streets, to be constructed ometime in the future in northeast Iowa City; and
WHEREAS, ACT wishes to ,oceed with a long-range master plan, for property they now own in northeast
Iowa City; and .\
WHEREAS, the location of pUbh~treets in the vicinity of the ACl property will impact said master plan; and
WHEREAS. it is in the public inter st of the City of Iowa City to rotect the public health, safety. and welfare
of its citizens concerning the loca \n of public streets in nort east Iowa City; and
WHEREAS. one method of protectl~the citizens' safety and welfare is to enter into an agreement for
location of public streets in northeas Iowa City, which a reement will also protect property value, s as well
as public safety.
NOW, THEREFORE, BE IT RESOLVED B~ THE CITY OUNCIL OF THE CITY OF IOWA CITY, IOWA. THAT:
1. City Council finds it is in the be~ intere~ of the City of Iowa City to protect public safety as to
location of future public streets in orth ast Iowa City, and to enter into an agreement with ACT, a
major property owner in northeast I w ity, which agreement shall include matters such as location
of public streets, alignment, obligati for costs. and excess vacated right-of-way.
'.
"'r
The agreement attached heretoz i corp orated by reference herein is approved as to form and
content.
The Mayor and City Clerk ar~ reby aut orized to execute said agreement on behalf of the City of
Iowa City. and the City Clerk i hereby dire ted to certify said resolution and to record said resolution
and document in the Johnso County reco er's office.
It was moved by / and seconded by
roll call there were: /
AYES: NAYS:
2.
3.
the Resolution be adopted. and upon
ABSENT:
A risco
_ Cou tney
Horo itz
Kubb
Larson
McCona
Novick
I
P.,,, '0' ""7"
day of
ATTEST:
CITY CLERK
MAYOR
Ap roved ~
. )/ ~
W?''hv'~y
ity Attorney's Office ",.11.""..,....
?-6-f-Z-
/518 '
--.--- -.--....---- -
~- --
.....--
.-.
I!l...........-..
..~.... ',',
r
..... -
~.
- -
.- .-
AGREEMENT IN CONSIDERATION OF THE LOCATION OF
PUBLIC STREETS IN NORTHEAST IOWA CITY BETWEEN THE
CITY OF IOWA CITY, IOWA AND AMERICAN COLLEGE TESTING
THIS AGREEMENT is made by and between The American College Testing Program, Inc.,
an Iowa corporation with its principal office in Iowa City, Iowa, hereinafter referred to as
"ACT" and the City of Iowa City, Iowa, a municipal corporation, hereinafter referred to as
"City". )
WHEREAS, ACT has formulat~ a Master Development Plan lor the real estale which It
owns In Norlheast Iowa City, the 10 ation and configuration ~; ~Ch roal estate is generally
described on the attached Exhibit "A", and I .
WHEREAS, ACT now desires to ~(OCeed with certal~as eels of the development of its reai
estate in accordance with its Master Deveiopment Plan, and
WHEREAS, the Master Developm~t Plan fO~~~ ed by ACT in some respects C'lnflicts
with the City's Long Range comprehensive~lan as 7 entiy constituted, and
WHEREAS, ACT has sought and reoeived jlssurances from the City concerning certain
actions to be taken by the City as a cOndition\precedentto ACT's commencement of construction
of improvements necessary to fully carry 04t t First Phase of Its Master Development Plan;
and
WHEREAS, It Is in the public Inte est of the City of Iowa City to protect the public
health, safety, and welfare of Its CltiZe7nS 60nce\ing the location of public streets In northeast
Iowa City; and
WHEREAS, one method of protecting the itizens' safety and welfare is to enter into an
agreement for location of publtc sJfeets In nort I east Iowa City, which agreement will also
protect property values as well as public safety.
NOW, THEREFORE, In clnslderatiOn of the utual promises hereinafter sel forth, It is
agreed by and between the parties as follows:
1 . The parties have atreed to the alignmeni of FI st ",venue to be extended through ACT
property, and to the allgnll)~nt of an unnamed east-wesr;~rterlal street through ACT property
east of First Avenue extended, as shown on the attached E~hlblt "A". In order to memorialize
that Agreement, the City a~rees to adopt said alignments by formal Amendment to the Iowa City
, Comprehensive Plan, /
,
,
!
2, ACT will Il1)modlately Initiate the procedures necessary for the City to vacate that
portion of Old Dubuque Road from the east ACT properly line to the west ACT properly line, as
well as the public rlght.of-way dedicated by ACT to the City In the LSNRD Plan submitted by
ACT and approved by the City at the time ACT's Tyler Building was constructed, The rlght.of.
I
ways to be vacated are also shown on the attached Exhibit "A".
(
3, At such time as the vacation procedure has been completed as provided In Paragraph
2 above, the parties will enter Into an agreement under which that portion of the vacated Old
7/1/92
1678
_'~'.U'" ..~._.....~..__._ ..__....._~
""__._.___.....__--....-_ ._,",~..J'
AI~-" II
," I
I
, '
,
1
,j
:,:
- VY' .--.
~.
...
~
-
~ -
.
DUbuque Road right.of.way to which the City holds title will be conveyed by Quit Claim Deed
from the City to ACT in exchange for ACT's dedication by Quit Claim Deed to the City of the First
Avenue and a portion of the unnamed east.west arterial right-of.way through ACT property,
both of which are highlighted on Exhibit A.
The parties' acknowledge and agree that this exchange of property is' in the mutual benefit
of both the City and ACT and that said exchange shall represent the City s disposal of public
property at fair market value, as provided by law. /
4. ACT will, at Its expense, cause exact legal descriptions to b/prepared for all parcels
to be exchanged, which legal tSCriptions will be subject to a2pr lal by the City Attorney's
office and Engineering Division. \
5. ACT agrees to file a Pfeliminary Large Scale Non.R2 idential Development Pian with
the City for approval by the City, ~nder the City's LSNRD O,C1inance. Said filing will include
the entire area shown on the attached Exhibit "A," althougi}lat the present time ACT does not
intend to seek final plan approval unt/er the ordinance for!v~~1 of the area except that area tha;
ACT ':"""~: :::~:':::t~:"::~:..: ~:d:.:'~~" p~
of which will be an obligation of ACT. \ The City f~~~~ agrees that the unnamed east.west
arterial street will be constructed at th~ City's e/pense without cost to ACT, unless ACT
specifically requests that such street ~e constructed to facilitate, future ACT property
development and when such development Is undeftaken at ACT's Initiative. In the event ACT 1)
Initiates the construction of a new entrande d1ive west of ACT's westerly property line, 2)
Initiates development of the unnamed east~~st arterial street to provide access to, Its own
properly, or 3) files a subdivision plat for A,C.l\ property south and east of its main campus, all
as shown on the attached Exhibit "A," the)~ ~ that event, ACT shall be responsible for the
ordinary and necessary development cost~ associated with such drive, access, or subdivision
plat, and the City will be responsible for the ov rslzlng costs resulting from the desi~natlon of
any street as an arterial street. /
Dated at Iowa City, Iowa, this , 1992.
/
/
/
I
/
/
,.
,
,
;
I
\
N COLLEGE TESTING PROGRAM, INC.
By:
By:
;
~ &;rOved By Ji
~ ~ I(tI-{}?k~ J,&<!-,J!;;;; ,
City Attorney's Office 1
I
t/- 'l..L
CITY OF IOWA CITY, IOWA
By:
By:
7/1/92
2
/51'1
-----.-
...-.----
-
---.--
-~.
..-.....-
...........
- -.,..
,
i
I
I
I
i
j
I
I
I
I
I
i
I
I
I
I
, 'I
I
,
~ .
I
'.;.
-"
STATE OF IOWA
ss:
JOHNSON COUNTY
On this day of , 1992, before me, the undersigned, a
Notary Public In and for the State of Iowa, personally appeared
and , to me personally known, who being by me duly sworn, did
say that they are the and ,g respectively, of
the corporation executing the within and foregoing instrument, that the seal affixed thereto Is
the seal of the corporation; that said instrumen\,waS~gned and sealed on behalf of the
corporation by authority of its Board of Dlreclors;,and tha
and as officery~cknowl dged the execution of the foregoing
Instrument to be the voluntary act and dle of tie rporation, by it and by them voluntarily
executed.
!
/
fetary Public in and for said State
STATE OF IOWA
/
i
I
/
I
/
;
I
I
J ss:
I
!
JOHNSON COUNTY
!
i
On this day ofl ' 1992, before me, the undersigned, a
Notary Public In and for the State of Iowa, pers nally appeared Darrel G. Courtney and Marian
I
K. Karr to me personally knoym, who being by e duly sworn, did say that they are the Mayor
and City Clerk, respectively,jof the City of Iowa Ity, Iowa, executing the within and fnregoing
Instrument, that the seal attached thereto Is the s al of said corporation by authority of Its City
Council; and that the said ~ayor and City Clerk ack wledged the execution of said instrument to
be the voluntary act and d~ed of said corporation, by t and by them voluntarily executed.
,
i
I
I
I
Notary Public In and for said State
'--
7/1192
3
IG7f
.~_.!l.
.-
th ~ .....,..".___II_AW.'""MIl!lIll..',
-.......------.
'. "I
0'
',I
i
i
i
I
i
i
;
,
"
,
!
I
,
,
I
I
I
,
I
!
,
I
,. "i
I
, '
~.
Ott~A
,
I ..- -' ... '"-llnll '''''1JD11l:!
IUJMlIl!D:lll:KiSU~nmllQl,'"
il .W1!JQW CM I\IDIOHJ m~ "tmlOmlllloll~!:IUlI"'R-1IllII
AtllU.JMoIAIHI ",'In J.I*'<II
,
i
i
"
i i
;' 1111
: ~ . It! I I !: 'd'
l'lli
o III' I I I . lid:
i : 111.1,., , i I . ! Ii",
''I
i ~:lIi!lI!lhal j i ' II"
, " ...1:1+,.1 io~m 1.1
I I' "'
i I "I
i I Ii'
I " III!
I I
I I
! / ,
i I i
I i I
, \
I
,
I
I 0 I
, , i
1/
0; I
, ;1 I
K I
0
I 0 i
I ,
I
i ' ". ~ .
I
I
I
!
I
, '
!, .
lZJi "
ISJ!, !,
,
, '
/5>8
o1...~i\~
._1_-
.....
_11II11... - -.- III. 1.
-.
...,.
-
~
~..
i
RESOLUTION NO.
RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT IN CONSIDERATION OF THE
LOCATION OF PUBLIC STREETS IN NORTHEAST IOWA CITY BETWEEN THE CITY OF IOWA
CITY, IOWA AND AMERICAN COLLEGE TESTING
WHEREAS, American College Testing of Iowa City, Iowa ('ACT') and the City of Iowa City, Iowa, a
municipal corporation ('City') have agreed to certain considerations with respect to the location of public
streets, to be constructed sometime in the future in northeast Iowa City; and '
WHEREAS, ACT wishes to proceed with a long-range master plan for property they now own in northeast
Iowa City; and
WHEREAS, the location Of\~UbliC streets in the vicinity of the ACT prop~y will Impact said master plan; and
WHEREAS, it isin the PUblic\terest of the City of Iowa City to prot9lthe public health, safety, and welfare
of its citizens concerning the location of public streets in northe~f Iowa City; and
WHEREAS, one method of pr:\ecting the citizens' safety a9d welfare is to enter into an agreement for
location of public streets in north~ast Iowa City, WhiChzgr ement wiil also protect property values as \Veil
as public safety. \ " '
NOW, THEREFORE, BE IT RESOLVED\BY THE CITY C9 NCIL OF THE CITY OF IOWA CITY, IOWA, THAT:
1. City Council finds it is in the ~st interesy-It the City of Iowa City to protect public safety as to
location of future pUblic streets i~ northe~st Iowa City, and to enter into an agreement with ACT, a
major property owner in northeast\oit,a Ity, which agreement shall include matters such as location
of public streets, alignment, costs,~n conomic remnants and excess vacated right.of-way.
The agreement attached heretia '~corporated by reference herein is approved as to form and
content. .
The Mayor and City Clerk are liereby au Qorized to execute said agreement on behalf of the City of
Iowa City, and the City Cler~.fs hereby dirdyted to certify said' resolution and to record said resolution
and document in the Johnson County recor er's office.
It was moved by / and seconded by
roll call there were:
2.
3,
AYES:
the Resolution be adopted, and upon
NAYS: ABSENT:
_ Am ~sco
Courtney
= HOrowh\
_ Kubby
_ Larson
_ McDonald \,
Novick
- I
-;
-r
-r
-r-
Passed and app!oved this
,
.I
day of , 1992.
i
/
MAYOR
APpr~ved b.t.t \ /V'/ --r- _
~ /i((~~
ity Attorney's Office r.,.,,,,,,,,.,,.. .
~ 'I- f" <R...-
ATTEST:
CITY CLERK
15'11 i
----_.~...._----~..-
--.....--
....-^--
_ ,,~- IAO~-,;
-..-........-...--........
.....'.
;
,
,
I
:
1
I
I
I
\
i
i
I
J
I
I
.j
i
I
I
I
,
,
I
I
,
"
; ,
I
C,'
-.
~~
~a-3J5
~\ <{.q
~
RESOLUTION NO. 92-210
RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF IOWA
CITY, IOWA ANO AMERICAN COLLEGE TESTING (ACT) CONCERNING ACT'S MASTER
DEVELOPMENT PLAN.
WHEREAS, ACT has formulated a Master Development Plan for the real estate which it now owns in
northeast Iowa City; and
WHEREAS, ACT now desires to proceed with certain aspects of the development of its real estate, in
accordance with its Master Development Pian; and
WHEREAS, ACT has sought, and received, assurances from the City that the City will take certain actions
concerning ACT's development, and that the City will also refrain from taking other actions that might impede
said development, all in consideration of ACT's commencement of improvements necessary to carry out the
first phase of ACT's Master Development Pian; and
WHEREAS, it is in the publiC interest of the City of Iowa City to protect the public health, safety and welfare
of its citizens by balancing the potential development of the northeast portion of Iowa City and the potential
movement of traffic in that same area; and
I
WHEREAS, one method of protecting the citizens' safety and welfare is to enter into an agreement
concerning ACT's Master Development Plan, attached hereto, which agreement will also protect property
valuos and rofloct proposed traffic patterns in the northeast p~:tion of Iowa City.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CiTY OF IOWA CITY, IOWA, THAT:
1. The attached Agreement, after consideration, is hereby approved as to form and content for the
reasons stated in the provisions set forth above.
2. The Mayor and City Clerk are hereby authorized to execute said agreement; and, after ACT's
execution, to record said Agreement In the Johnson County Recorder's Office, at ACT's expense.
It was moved by -----A.l!!bri~ and seconded by HcDonald the Resolution be adopted, and upon
roll call there were:
AYES:
..L-
..L-
..L-
NAYS:
ABSENT:
Ambrisco
_ Courtney
Horowitz
_ Kubby
Larson
McDonald
Novick
.JL
.JL
.JL
..L-
Passed and approved this
14<h ',yol a 1992.
MAYOR ~
Approved by
ATTEST: fJrAtA/0 .;(,
CIT CLERK
#w)
&
7_lf-L
legtllact'cllv.,,,
15?~
'.'1
, ,
,
.j
I
-
-
-"
AGREEMENT BETWEEN
THE CITY OF IOWA CITY, IOWA
AND
AMERICAN COLLEGE TESTING (ACT)
CONCERNING ACT'S MASTER DEVELOPMENT PLAN
I
This Agreement Is made by and between The American College Testing Program, Inc., an Iowa
corporation with Its principal office In Iowa City, Iowa ("ACT") and the City of Iowa City, Iowa, a
municipal corporation ("City"), sometimes collectively referred to as "pa,s."
WHEREAS, ACT has formulat d a Master Development Plan for the;8al estate which It now
owns In northeast Iowa City, t e location and configuration of ~lIch property Is generally
described on the atlached Exhibit ; and /
WHEREAS, ACT now desires to pr Qeed with certain aypec lof the development of Its real
estate, In accordance wllh Its Master D~elopment Plan; an
WHEREAS, ACT has sought, and recel ed, assuranc 0 from the City that the City will take
certain actions concerning ACT's develop nt, andEh ~he City will also refrain from taking other
actions that might Impede said developme 't, alii onslderatlon of ACT's commencement of
Improvements necessary to carry out the firs ph e of ACT's Master Deveiopment Plan; and
WHEREAS, It Is In the public Interest of the I of Iowa City to protect the public health, safety
and welfare of Its citizens by balancing the p, en al development of the northeast portion of Iowa
City and the potential movement of traffic n that ame area; and
WHEREAS, one method of prolectln he citizens' afely and welfare Is to enter Into an agree-
ment concerning ACT's Mastor Dev. lopment Plan, hlch agreement will also protect property
values and reflect proposed traffic atlerns In the no heast portion of Iowa City.
NOW, THEREFORE, In con sid atlon of the mutual pro Ises herein, It Is agreed by and between
the parties as follows:
1.
City and ACT agre that at such time as the City rmally elects to extend First Avenue
Extended, as no discussed In the Iowa City Co ~ehenslve Plan, t.hat the City shall
refrain from ext ding said First Avenue through AC roperty as ~IOW shown on the Iowa
City Compreh9 slve Plan. So also, ACT and City agr e t.hatln the event the City elects
to extend Sc tl Boulevard to the west, or to construr.! an e~s.~-west unnamed arterial street
running fro Scott Boulevard to the west, parties agree.::!,hatthe alignment, If through
ACT's pro erty, shall be roughly In the configuration shown Ofl the attached Exhibit A. In
order to emorlallze this Agreement, City agrees to reflect the configuration of potential
allgnme ts of First Avenue Extended and the east-west arterial, by formal amendment to
the loyla City Comprehensive Plan,
Acrlmay, at Its convenience, Initiate the procedures necessary for the City to vacate a
portion of Old Dubuque Road running from ACT's west property line for approximately
1,050 feet, as shown In the hatched area of Exhibit A attached herelo. ACT may also, at
Its Inlllatlve, request procedures necessary for the City to vacate that portion of lhe public
2.
--_.~ .~.....__..--.~---............. _....-
.
. - ,
, "
,
, ,
I
/5? t(
d.4.1 lI''''''~.,
-"
I
'. 'I
,
, '
-2-
3.
right-at-way dedicated by ACT to the City In the LSNRD plan submitted by ACT and
approved by the City at the time ACT's Tyler Building was constructed,
In further consideration of thls=gree en(City agrees to cooperate with the Iowa
Department of Transportation (100 n the remaining portion of Old Dubuque Road, now
owned by the lOOT, which is the nshaded portion of Old Dubuque Road as shown on '
Exhibit A. City agrees to do s In order to effoctuate closure of ,said lOOT portion from
the westerly portion owned the Staie lOOT, to the east ,boundary line of ACT's
property, as shown on Exhibit /
/
At such time as the City's vac tion procedures have beel completed, as provided In
paragraph 2 above, City and A T will enter into a separatrl agreement, under which that
portion at vacated Old Dubuque ~ad right-at-way (ovEer ~hlch the City now has a public
right-of-way easement) will be c nveyed by quit clal deed from the City to ACT, In
exchange for ACT's dedication, a so by quit claim 2 ed, to the City of any portions at
potential First Avenue Extended at an unna,Cl east-west arterial right-of-way, as
roughly configured and shown on hlbit A. /
ACT and City acknowledge and agr e that t~ exchange of property Is in the mutual
benefit of both the City and ACT, a d thl~;ld exchange shall represent the City's
disposal of public property at fair mark t alue, all as provided by law,
4.
5.
6.
Parties acknowledge that this Agreeme 1\ls not intended, and shall not be construed, to
In any manner obligate the City to c09, tnl t either First Avenue Extended or to construct
the east-west arterial unnamed street from cott Bouievard to the west. Rather, ACT and
I
the City specifically Intend, by way/of this A reement, only to agree that In the event City
does, In fact, elect to constru9t either p tentlal rights-of-way as discussed In the
Comprehensive Plan, that ACT will dedicate certain rlght.of-way to the City; and that In
return the City will refrain frol}l/extendlng sal possible rights-at-way (First Avenue and
Scott Boulevard) In a m7n er that would u necessarily Interfere with ACT's Master
Development Plan.
ACT will, at Its own expel)se, cause exact legal d scrlptlons to be prepared for all parcels
to be exchanged, but only In the event an exchan e does occur, which legal descriptions
will be subject to approval by the City Attorne '$ Office and the City's Engineering
Division. /
/
ACT agrees to file a preliminary Large Scaie Non-Re Identlal Development Plan (LSNRD)
with the City, for 9lty's approval, under the City's LS RD ordinance. Parties agree that
said filing wlllln9!ude the entire area shown on the a Jached Exhibit A, althClugh at the
present time ACT does not Intend to seek final Plan app val under the Ordinance for any
I
of the area except that area that ACT intends to develop for Its own use, plus the rough
conflguratlon,bt the rights-of-way to be dedicated to the City, as the City so elects to use
said rlghts-o(-way. '.
7.
8,
9. The City agrees that In the event the Cily eiects to extend First Avenue, such extension
will be at the City's cost and that no part at that extension will be an obligation of ACT
If ACT has previously dedicated such right-of.way to the City, City further agrees that In
the event City elects to construct the unnamed east-west arterial street, that said street
j5?f
_....--___ -- ,-:t'!'
Qj-"'"-'..""_.....~.Q..
..........A .__.____'"
.... ...
~.
- 3-
will be constructed at the ':ity's expense, without additional cost to ACT il ACT has
previously granted said right.ol.way to the City. However, in the event ACT specifically
requests that such east-west street be constructed to lacllitate luture ACT property
development and if such development Is undertaken at ACT's initiative, ACT shall share
In the expense 01 construction 01 the east.west arterial, as would any other development
project.
I
10, Parties agree that In the event ACT 1) Initiates the construction 01 a new entrance drive
west 01 ACT's westerly propecty line, 2) Initiates development 01 the unnamed east.west
arterial street to provide acce s to Its own property, or 3) files a subdivision plat for ACT
property south and east 01 It main campus, all as shown on th~ attached Exhibit A, then
/
In that event ACT shall be res onslble for the development costs typically associated with
I
such drive, access or subdlvl Ion plat, and the City will ~'responslble for the overslzlng
costs resulting from the deslg atlon of any street as i arterial street.
Dated this day of /'1992,
Attest:
CITY OF IOWA CITY
THE A}1 RICAN COLLEGE TESTING PROGRAM,
INC; "
/
By:
Darrel G, Courtney, Mayor
By:
Richard L. Ferguson, President
Joe B. Pugh, Jr" Vlce.Presldent
Approved
~,"oy.o",.
\
IS?}}
L
,*oll"~""'" II>,. UI<IIUl""'",
.. 'I
, I
"
I
.
\
,
,\
I
I
I
I
I
\
i
i
I
I
i
1
,..
, ',,-,
":,:';
, :',
';"",' II
. '.
.
~.
- 4-
ACT ACKNOWLEDGEMENT
I.
STATE OF IOWA }
) ss:
JOHNSON COUNTY )
On this day of , A.D. 19_, before me, the undersigned, a
Notary Public In and for the State of Iowa, personally appeared Darrel G. Courtney and Marian
K. Karr, to me personally known, who, being by me duly sworn, did say that they are the Mayor
and City Clerk, respectively, of t e City of Iowa City, Iowa; a municipal corporation; that !h~ seal
affixed to the foregoing instru ent is the corporate seal of the corporation, and that the
Instrument was signed and seale on behalf of the corporation, by authority of Its City council,
as contained in Ordinance No. passed by Resolution of the CitY Council under Roll
Call No. of the City Counc on the day of / , 19_;
and Darrel G. Courtney and Marian . Karr acknowledged the executloJ1/of the instrument to be
their voluntary act and deed and the voluntary act and deed of the corporation, by It voluntarily
executed, /
I
I
Nota Public In an,r said County and State
CITY ACKN WLED'MENT
STATE OF IOWA )
) SS:
JOHNSON COUNTY )
On this day of , Pl D. 19_, before me, the undersigned, a
Notary Public In and for the State of Iowa, personally ppeared and
,to e personally kno ,who, being by me duly sworn, did say
that they are the . and , respectively, of said
corporation executing the withi and foregoing Instrum ntto which this Is attached, that (no
seal has been procured by thr aid) corporation; that sal instrument was signed (and sealed)
on behalf of (the seal affixed jliereto is the seal of said) sal corporation by authority of Its Board
of Directors; and that the s~la and as such officers
acknowledged the exec lion of said Instrument to be th voluntary acl and deed of said
corporation, by It and b them voluntarily executed.
Notary Public In and for said County and State
n:\Cadala\lega~( .clly,agm
, "1
"
, I
,J
I
I
','1
l51Y"
_.
--~
_M.
..Jdlltt:b.. ''*- ~--_......
-
~.
-'. .,.-.......- ..-.,.....- ''''-.."..-
"'_"" _~..__.._...h ,,~..,. ..'...,'.,.,,'...".....~'h~_ "'.. _"'..
I
rn
GUl1ncsc.l1t
.
.-,
..
._101/1
.._~...,
...--
~
!
i
~
i
--------~----~--
5=..\'. j
i
!
i
~
i
!
i
i
..'"", .
::',d' .
-..-..-..-..-..-..-.......-..-..-.. -"-"-"-"-"-"-~i- -
l( G [N 0
. ....,.........P<'I
0__...
--.!.- ::::r..::: =
--......-...
=r.: ::.u:.
1'1 _.__
. -
.. .......
-1__
....t _MI_
D...,n_-
~...,._."...
[4._:_] ........;.U..
-
...-_........l....n..._'"'"'
-......,.......""'.....--
-...'.._I........_IUNllIk..
1IlIu..!......_.....I"-!..,.eo-r:o=c.:.'
.'~...-~..._.,_.
,
"
...
'"
''-.'.
:.:,~';.=::::~.=.~U',':':'IJ.,~'~:
:~;~~~~~.ii;
"I
.,
"
II
~i
il
:,
~fll
111~
II
II
',' .... .,~. . .4.............. '''_~._..,_._..~h~_..._.~.... ... .... .'''........_.,..--''''''-/f'WlN.~~;I\AII',n'f-.r..;.\\MW.
Q;
..:i
"'1
.---...
----........~-,,~~......_._:,-.::.~
l.i'-';'~_~'~
r'tr.,t.",:..t." ^
.., I d"~':~I~lff,~,
, ) ,'" . I\~'. :.'"
\ . "r/'t
'",,".l:'l(l
, ,,~.n~
i "\';:':;~;lfi~:I~
, I' ! ~";'I''1J~
\::"'~!'~~W'
,''',<7"\,~.1\;r 'j
" ",' ~',,\::, '.:~~~ .
"~,I;: .I.,:,~t:~~~.~~~;.i\:i\~\~'., ,
',''-, "i"i ;"",~, "~J~'l~
,I; "';'\:,i',.)vJ1I ':
'.,
"',
~!l
~.
I
~
,
City of Iowa City
M E M 0 RAN 0 U M
TO: Steve Atkins
FROM: Chuck Schmadeke
DATE: July 10, 1992
RE:
Ownership and Jurisdiction of Dubuque Road/Scott Blvd.
Through and Adjacent to ACT Property
The Dubuque Road/Scott Blvd. roadbed running through and adjacent
to ACT property is under the jurisdiction of the City of Iowa
.. City and as such the City has control over its use, and can' if it
so desires restric't its use even to the . extent of entirely
, removing the roadbed.
However, the City does not have fee title to the property over
which the road was constructed and therefore is not in a position
, to provide a clean transfer of ownership at this time. Of the
12.79 acres of pUblicly owned land encumbered by the road, ,10.23
acres is owned by the State of Iowa and 2.56 acres was acquired
by easement by the county many decades prior to annexation by the
City in 1966. ' "
The State of Iowa has no interest in the road, yet asswnes a
potential liability by virtue of the fact that the road is there,
and therefore would benefit from its'closing. In fact the state
will most likely dispose of the 10.23 acres if the road is
closed.
It is not clear under whose ownership the property acquired by
the county would fall if the city relinquished its use of the
2.56 acre right-of-way.
~~
~~ .
1578
...,_...,.' .
-
...._1""'_..... -,.._...-.. W.~_Yl_'-= ,-.J-"
'~M'
I
,
r
~'!,
", I
"
, ,
. .','f-
,
!
~.
~,
City of Iowa City
MEMORANDUM
Data: July 13, 1992
To: The Honorable Mayor Darrel G. Courtney and Members of the City Council
From: Unda Newman Gentry, City Attorney
Re: Revised Agreement Between the City of Iowa City and merican College Testing
(ACT) Concerning ACT's Master Development Plan
Attached please find a revised Agreement concerning the above matter. I drafted this Agreement'
to incorporate the Council's discussion, together with some public Input. I also Included
language clarifying the different property rights In portions of Old Dubuque Road, which Is not
entirely a "City street."
After discussing the matter with an Iowa Department of Transportation (IDOT) engineer, Chuck
Schmadeke clarified that the lOOT does, Indeed, own a portion of Diu Dubuque Road (the
northern-most portion), and that the City has a common law public highway (right-of-way)
easement over the eastern- and western-most portions. The City has the right to vacate those
easement portions, as the City deems appropriate. Recalling my memo to you on trees removed
from Original Town, it appears that further review will have to be undertaken by ACT in order to
discover the underlying ownership of the property beneath the City's highway easement over Old
Dubuque Road. In other words, once vacated, the underlying land may be In private ownership.
This, however, will be a matter for ACT to resolve.
In a word, portions of Old Dubuque Road can stili be closed. My conversation with an IDOT
attorney Indicates disposing of their portion of the road Is routine, commencing at the engineer's
level with whom Chuck Schmadeke spoke.
I simply wanted to bring you up to date on the latest version of the Agreement, and assure you
that the additional Information uncovered does not Impede the City from entering Into the
Agreement. Rather, the revised Agreement merely, reflects, more accurately, the differing
ownership and easement rights over Old Dubuque Road.
I trust this will be of some assistance to you, but please do not hesitate to contact me if you have
any questions.
cc: Marian Karr, City Clerk
Steve Atkins, City Manager
ACT
n\actagmt.mmo
IS)8
___4
Jl.d......~,'
...........-*~
---.. ~.~I'''---''''--''--''''''I- ':r
'!
.,
: ,
,
I
!
I
I
I
J
I
I
i
;
I
I
I
I
i
I
,
I
,
i
':.
;:,
..- .r
~.
1
I
!
1
;
l.
,
RESOLUTION NO.
RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF IOWA
CITY, IOWA AND AMERICAN COLLEGE TESTING fACT) CONCERNING ACT'S MASTER
DEVELOPMENT PLAN.
WHEREAS, ACT has formulated a Master Development Plan for the real estate which it now owns in
northeast Iowa City; and '
WHEREAS, ACT now desires to proceed with certain aspects of the development of Its real estate, In
accordance with Its Master Development Plan; and
WHEREAS, ACT has sought, and received, assurances from the City that the City will take certain actions
concerning ACT's development, and that the City will also refrain from taking other actions that might Impede
said development, all in consideration of ACT's commencement of Improvements necessary to carry out the
first phase of ACT's Master Development Plan; and
WHEREAS, it Is In the public interest of the City of Iowa City to protect the public health, safety and welfare
of its citizens by balancing the potential development of the northeast portion of Iowa City and the potential
movement of traffic in that same area; and
WHEREAS, one method of protecting ttie citizens' safety and welfare is to enter into an agreement
concerning ACT's Master Deveiopment Plan, attached hereto, which agreement will also protect propeity
values and reflect proposed traffic patterns In the northeast portion of Iowa City.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT:
1. The attached Agreement, after consideration, is hereby approved as to form and content for the
reasons stated In the provisions set forth above.
2. The Mayor and City Clerk are hereby authorized to execute said agreement; and, after ACT's
oxecutlon, to record said Agreement In the Johnson County Recorder's Office, at ACT's expense.
It was moved by
roll call there were:
and seconded by
the Resolution be adopted, and upon'
AYES:
NAYS:
ABSENT:
Ambrisco
- Courtney
- Horowitz
- Kubby
- Larson
McDonald
Novick
Passed and approved this
day of
,1992.
A lTEST:
CITY CLERK
MAYOR
Approved by
.~~~~
Itgtl'ItI'City.,"
/s,r
-".-...----......----..-
--~.- -.--
\~. !J. '~".
"
:.,
;
I
!
i
!
i
,
I
I
I
,
I
I
!
, ,
".,.
-r-
--
...... [1r ~.
"
,
, '
~.
AGREEMENT BETWEEN
THE CITY OF IOWA CITY, IOWA
AND
AMERICAN COLLEGE TESTING (ACT)
CONCERNING ACT'S MASTER DEVELOPMENT PLAN
This Agreement Is made by and between The American College Testing Program, Inc., an Iowa
corporation with Its principal office in Iowa City, Iowa ("ACT") and the City of Iowa City, Iowa, a
municipal corporation ("City"), sometimes collectively referred to as "Parties."
WHEREAS, ACT has formulated a Master Development Plan for the real estate which It now owns
In northeast Iowa City, the location and configuration of which property Is generally described
on the attached exhibit A; and
WHEREAS, ACT now desires to proceed with certain aspects of the development of Its real
estate, in accordance with lis Master Development Plan; and
WHEREAS, ACT has sought, and received, assurances from the City that the City will take certain
actions concerning ACT's development, and that the City will also refrain from taking other
actions that might Impede said development, all in consideration of ACT's commencemont of
Improvements necessary to carry out the first phase of ACT's Master Development Plan; and
WHEREAS, it Is In the public Interest of the City of Iowa City to protect the public health, safety
and welfare of Its citizens by balancing the potential development of the northeast portion of Iowa
City and the potential movement of traffic In that same area; and
WHEREAS, one method of protecting the citizens' safety and welfare Is to enter Into an agree-
ment concerning ACT's Master Development Plan, which agreement will also protect property
values and reflect proposed traffic patterns In the northeast portion of Iowa City,
NOW, THEREFORE, In consideration of the mutual promises herein, It Is agreed by and between
the parties as follows:
1, City and ACT agree that at slJch time as the City formally elects to extend First Avenue
Extended, as now discussed In the Iowa City Comprehensive Plan, that the City shall
refrain from extending said First Avenue through ACT property as now shown on the Iowa
City Comprehensive Plan, So also, ACT and City agree that In the event the City elects
to extend Scott Boulevard to the west, or to construct an east-west unnamed arterial
street running from Scott Boulevard to the west. Parties agree that the alignment through
ACT's property shall be roughly In the configuration shown on the attached Exhibit A. In
order to memorialize this Agreement, City agrees to reflect the configuration of potential
alignments of First Avenue Extended and the east.west arterial, by formal amendment to
the Iowa City Comprehensive Plan.
2, ACT may, at its convenience, Initiate the procedures necessary for the City to vacate a
portion of Old Dubuque Road running from ACT's west properly line for approximately
1,050 feet, as shown In the hatched area of Exhibit A attached hereto, ACT may also, at
Its initiative, request procedures necessary for the City to vacate that portion of the public
IS'"
____......_._..._....___.._....... _.._,......I''''''~ --"'
~.."... . --~~~-I.,~.'''' .
.,
,
, ,
~.
- 2-
right'of-way dedicated by ACT to the City in the LSNRD plan submitted by ACT and
approved by the City at the time ACT's Tyler Building was constructed.
3. In further consideration of this Agreement, City agrees to cooperate with the Iowa
Department of Transportation (IDOn on the remaining portion of Old Dubuque Road, now
owned by the IDOT, which Is the unshaded portion of Old Dubuque Road as shown on
Exhibit A. City agrees to do so in order to effectuate closure of said IDOT portion from
the westerly portion owned by the State IDOT, to the east boundary line of ACT's
property, as shown on Exhibit A.
4. At such time as the City's vacation procedures have been completed, as provided in
paragraph 2 above, City and ACT will enter into a separate agreement, under which that
portion of vacated Old Dubuque Road right-of.way (over which the City now has a public
rlght-of.way easement) will be conveyed by quit claim deed from the City to ACT, In
exchange for ACT's dedication, also by quit claim deed, to the City of any portions of
potential 'First Avenue Extended or of an unnamed east.west arterial rlght.of-way, as
roughly configured and shown on Exhibit A.
S. ACT and City acknowledge and agree that this exchange of property Is in the mutual
benefit of both the City and ACT, and that said exchange shall represent tho City's
disposal of public property at fair market value, all as provided by law.
6, Parties acknowledge that this Agreement/s not Intended, and shall not be construed, to
In any manner obligate the City to construct either First Avenue Extended or to construct
the east.west arterial unnamed street from Scott Boulevard to the west. Rather, ACT and
the City specifically intend, by way of this Agreement, only to agree that In the event City
does, In fact, elect to construct either potential rlghts,of.way as discussed in the
Comprehensive Plan, that ACT will dedicate certain right.of-way to the City; and that In
return the City will refrain from extending said possible rlghts.of-way (First Avenue and
Scott Boulevard) in a manner that would unnecessarily Interfere with ACT's Master
Development Plan.
7. ACT will, at its own expense, cause exact/egal descriptions to be prepared for all parcels
to be exchanged, but only In the event an exchange does occur, which legal descriptions
will be subject to approval by the City Attorney's Office and the City's Engineering
Division.
8. ACT agrees to file a preliminary Large Scale Non.Residentlal Development Plan (LSNRD)
with the City, for City's approval, under the City's LSNRD ordinance, Parties agree that
said filing will Include the entire area shown on the attached Exhibit A, although at the
present time ACT does not intend to seek final Plan approval under the Ordinance for any
of the area except that area that ACT Intends to develop for its own use, plus the rough
configuration of the rights.of.way to be dedicated to the City, as the City so elects to use
said rights.of.way.
g. The City agrees that In the event the City elects to extend First Avenue, such extension
will be at the City's cost and that no part of that extension will be an obligation of ACT
If ACT has previously dedicated such rlght.of.way to the City. City further agrees that In
the event City elects to construct the unnamed east-west arterial street, that said street
IS11
----..-........i!iiiiiiiii. -...._~4
.._....~.__.....'_M~......__-...._......
-----_._~._.--..-
-_ M "-""_IL~'I!.~ ~~
. " , .': '., - ..":r ,"
~.
-3-
will be constructed at the City's expense, without additional cost to ACT If ACT has
previously granted said right-of-way to the City. However, In the event ACT specifically
requests that such east-west street be constructed to facilitate future ACT property
development and if such development Is undertaken at ACT's Initiative, ACT shall share
In the expense of construction of the east-west arterial, as would any other development
project. '
10. Parties agree that In the event ACT 1) Initiates the construction of a new entrance drive
west of ACT's westerly property line, 2) Initiates development of the unnamed east-west
arterial street to provide access to Its own property, or 3) files a subdivision plat for ACT
property south and east of its main campus, all as shown on the attached Exhibit A, then
In that event ACT shall be responsible for the development costs typically associated with
such drive, access or subdivision plat, and the City will be responsible for the overslzlng
costs resulting from the designation of any street as an arterial street.
Dated this
day of
,1992.
, CITY OF IOWA CITY
THE AMERICAN COLLEGE TESTING PROGRAM,
INC.
By:
Darrel G. Courtney, Mayor
By:
Richard L. Ferguson, President
Attest:
Attest:
Marian K. Karr, City Clerk
Joe B, Pugh, Jr., Vice-President
ApP..., ~
~""~,~~
7-10 - f.t/
15"
,
..........
..--
-
III---~-.
__ _ __~~_ ___~_____.'-__.__d_m_
..,
. .1".
,
,
I'
':;
"
'."
,
.'!
-
- ~
-
","""'I
~.
-4-
ACT ACKNOWLEDGEMENT
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
On this day of , A.D. 19_, before me, the undersigned, a
Notary Public in and for the State of Iowa, personally appeared Darrel G. Courtney and Marian
K. Karr, to me personally known, who, being by me duly sworn, did say that they are the Mayor
and City Clerk, respectively, of the City of Iowa City, Iowa; a municipal corporation; that the seal
affixed to the foregoing instrument Is the corporate seal of the corporation, and that the
instrument was signed and sealed on behalf of the corporation, by authority of its City council,
as contained in Ordinance No. passed by Resolution of the City Council under Roll
Call No. of the City Council on the day 01 , 19 ;
and Darrel G. Courtney and Marian K. Karr acknowledged the execution of the Instrument to be
their voluntary act and deed and the voluntary act and deed of tile corporation, by it voluntarily
executed.
Notary Public In and for said County and State
CITY ACKNOWLEDGEMENT
STATE OF IOWA )
) SS:
JOHNSON COUNTY )
On this day of , A.D. 19_, before me, the undersigned, a
Notary Public in and for the State of iowa, personally appeared and
, to me personally known, who, being by me duiy sworn, did say
that they are the and , respectively, of said
corporation executing the within and foregoing Instrument to which this Is attached, that (no
seal has been procured by the said) corporation; that said Instrument was signed (and sealed)
on behalf of (the seal affixed thereto Is the seal of said) said corporation by authority of its Board
of Directors; and that the said and 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.
Notary Public In and for said County and State
n:\cadala\lega~ect.clty.agm
1571
-"'----'"
--~~JL
.H.il~~--"";"'~"""~ IMWI. '.
I
I
,
I
I
1
I
i
I
i
l
i
I
J
,(
i
.
j
I
i
I
I
I
I
,
i
'I' ~ ...... .....
'1
, "1
, ,
, '
I
, .j
r'
"r
~.
.',"::'.-......,-....,.".~,,,...~,.. '. . ,". ....: -".' . -',. ,-,- ,.--~." ........' '.' ..... '. ~... -,- ',.._.~..".._.._....
"-,-.' ",,""'-"'-"
,. _'c..,." -,....."\..,,...'.:.h'.C~'-,'. .,..,M"."""",,'''''".'
~
.~
l(lj[HD'
I ...___~
1__ .
~r.::~..=:=
---....._'"
::r.::::.":.
.. .....--
. -
. .......
_,_-t._
IU' _....~
D"Il_....
~..,._."..
r-:::::1....._.H..
/.-.
, I
T -. ri:.:J" --7~ -.'. .11....' .~:~. '-,r.t' ,=~:~
I-~/ 'if "",...Jl"'="~':' ~I; _k_
/' A' wm~lmtDlllltlflln
:/"" / ..... \' ,,"'.'UTII") 1 !'
,to) (.' . i\ .i I
",."...1" " I.. \1 .
~, ,/ ' / to > I
....'" I . / ' .
.~ (' I' /' '''''''''1 I
/" ~ .. ,;;:/. .. 1'1' V I,' I
." ,,,,,.., t
/' n..". '.,11" I I
,/ .' ...". .' I
// '-':'''#''11 I) 'V,
/ !. ..... l
(-l j;,' '''-:~' - h~~~' - --\ -- -----.. - -- - -~~!'I-'"
i ::"J"r-I \ .j
/MlDII.IlJJl.aJffr\UtrUT U. ~~
!.. ~ ""-(f'.lun...lCAJ[JrrNOIl '" ~
" i i
tII'..)"II~fI .~::: \ \CO \ . :
.. I ,......~ - - ~OV '~ '.''''--3::.:J-
...- -- - =-... ..... Ct.1" " ",,,,-- - -
- - - . -. I ,Y' \ )'~ ---r.,mrv---...
,1Ntl'. ) \.'"....)/~~(.';(l,1' 1'1":,1'
I" I,! I'~:
.1.1 rtO/OIO I
1'[ I 1TIfI1lDll-cr..U :
I 1
I ' ./' l. :
: i: il !
n" ....L,,~\"J~!,~_._..__.:~ -"'---'---"-"-~j.)-
"'..".: !
..
!
!
i
~
i
!
i
I
-"-"_"-~':::'i
.....l~._..._..
[f]
II....,....~....
GRttIllC sell!
l\.,J..U .
--_..
,,-I
........
" .
.. I""'"
~
~----_._._._--
...---.-..-...--"
-_...........I>Q._-
_..~,._I_.ICl'I_.._1Ia
..,UIlI......~.___._...
....a....._lIIII............
,.....................,.""......
...,....".......-.....,.....,...,.-
,~;kar(;~~:.i,;:;
".""''''0,''','",
--'-..Jl.Jj '"r.
d..-..~-....
...1wM.
"
"
.{
~
;:
=1
.1
,
:,
II
~I I
1116
II
II
I
I,
I
I
i
I
1
,
,
~
,
}.
.,>It:
.f..
Ii
::~'
',",f
..::!
;~
.. 'i.;
");',i1
,.;;'~
. ,.','~':~
.:""1
0'1\"'"
"'I~
, ,I;';n~
:;;!!
I
...
~
City of Iowa City
MEMORANDUM
Date: July 13, 1992
To: City Council
From: City Manager
Re: First Avenue Extended
During the discussions concerning the future of First Avenue extended, questions arose with,
respect to the language Incorporated In the ACT agreement. The City Attorney has provided a
redraft of that agreement. Attached Is a copy of the map of the area. During the recent
discussions, we Indicated that options would be explored, again If and when First Avenue were
to be extended. The attached will give you some Idea of the possibilities reviewed by the
Department of Public Works. Please keep In mind that until such time that formal engineering
Is undertaken, which would require formal direction on the part of the City Council through the
appropriation of monies In a capital improvement project, our work has been limited to "ideas"
about the future extension. The agreement Incorporates the dedication of ACT land that would
allow the exercise of one possibility. The other possibilities, as Indicated, would require
negotiations with other property owners In the future if you were to find that such an extension
was In the community Interest.
bcH
co:
Chuck Schmadeke
Karin Franklin
.
/5
-.....-..-...- "" -.,-- ..,- --~.......
JJ lI.l1...','.,
--
--
'."1
'I
, ~
, '
I
I
I
,
I
I
,
I
I
i
I
!
I
I
, ,:',
~.
,.~..-.'. '.
.... '. ",
'. .,'-.,"
. ,,"
!':,'
, ,.
I' '"
....
, ,
-.
.'
,.. -- - ..:,,!', .....~ -- : -.':~I.C~~<.:.Sr
_ .' ,; 'j-.
,~ "'.
,
,
. l-"-'-r.! - ,"'
. ....,..,
"
:i: : i',
J
:;
I; .,.-,
..i:."':'..,
,..,.....,'..
li~i
: ".-,,:',
I).:';,
, --
,'."
(: .,' ~.
:orsUh 40 '
,J '
'-:r
.........
.~. ~
f'
(:',,',
t.:;::,'
I
,/
;.::-:1 '
t.
r~~,"
I,:
I'
t:t':'
1;.\\,"
',-.' '
['
I:, .
I '
1:')
I
F
[
i
I
l"
0-
, .
I
\
\
,
t
,
i
.
,,;, ,,;.
~.
....
'I '.
~~ IOU
:f
!,
.
"
i,l,
!"
,
! )
~ \
I (' ,
'I,;
i:
U "
,
~\Jll
,
I uuu_ _u __
__._ _ _--..-___'.....~...'_......, _~_... .......................,__.._..__~~_......... ~ ~"""IIIIt,'
I
,
, '
!:
~/
1
~ ,
1
.f
I
I
1
,I
/,':'
I
,. ...
I '
I
r'il
. ,10'
.
, .
r'
r
r::
<'..,
",'l
~','.'
~::~~
[,'
t. \
1,:::'"
I. ,
C':;,
rL'
}) ;'
" ~:
r'~ '
t,
f,:,
: ~;,'
t
a:;~:'~!
...."j.
, i:'
I'
I': ;:
,'..":",;
K:
F{ ,
'(\.;',1
r'
I,' .'
.1.
'ri:','
h, .
I'
t:::';:
),";\
I'
V:
I' .
P
li1'
r
f.i.
r~; ,
I' .
i'
k,
~: .
~;, ','
;:;:
L'
j'-,
I, '
I'
(
I
.,
,
,._--~". '
1 '
I
~.
'.
\ :J ~---.
'"----', ,/ ~
" ('.f'r~'~ .~
'..". <,' , "
. ..
, "
,.
\
,.~
Boe
'.
\
. ....~ ..
,',
,"h
I i-a- ~
I .
/ ,
,~/ "
, I
,/
,
\.
/
/
I
I
I
I
f
I .
,
,
\:" '
i
!
. .
.~. ,\ r' I ":,
, I. II
.. . ,~,. ','/-'--~~-,:\' ."'1.','., ;;>["',
I .", '
; r;J :' ' ,
.'ii ~ '" :
, , :L1i'
"u' I { ~
".-l-~.....,..... J
\ ','" I
, " \ I
. i
''tJ.
,
,
i '
" .j',
, " ,I:
I."
- --.- --- _.....~............-~--_.."
'1---
--' .LL
, , . ~ . .,'
o..A ::!'~____-",
,. i
,
,
.'
/ "
. .'.
'; .
- "..
. ~ "
"" .
,.j.
"
.' ;
".
'. ' ~. ~.'
:','''',
l.'Ilji"
"
\ .i' ~
;',", ,
'" .
-",
'_'';',1.
::i<,';
I~;,':\:'
,.!,
.-.J
J
1
I
I
~'t
1
,
I
I
I
j
,
:i
,
,;';;;,;
i:
?ffh'
I;~r,]
t""
':"',-,
":';':,.-.,
I
I
I
I
..". .....
);;':'..
" 5UGI vs
i
-1"
,\ '
"j
,
,
'". '~. ,
i'
I
Ii,'
,
, I
I
I
,
". 'I
' I
,
,
I
J, r
"
....
. "
\
'\ )
1/
\
\
I
'%'
,
'" ~
.
/
,
'n' ,
, .'
I
Cllen~ & Mli.ld.<
,'.J
~
I
~.~.~..,. -, '-.' "-'"~r~-~:'"
.. j
,
,
.-
,
\
l'
)
":',"
"".
~.' F' '. ~ '; :; -';'
f':;':,/:". .
.'
~I[I.'..
I':'i'
., .'~\'-
' . , \1"",'1:-
..... . . ,":~~~ J
-'
~ ", 1"
. ~,~1-t'
" tc-',;.'
\ 'I,,,.
~ \ ;.-~, - ,f:.;~~t;,j/; ;,:
\ , ':''''(\\,.\v:,,_ "
I. !., . ')g~(N?{
\1:( "'~~~'-,'i
I' ""r-,. -'.,:', ;j(~i.'jln"7;>J .
I"'" \- H:''';,'r,;>,..:,.-
,.~ .,... :";"!\!\if~W.';:
. 1'\");('''''1'''1;'
li~i~~fllj/::'. :',
. ' ,:(,1,'" :"'1'. ~': -, : . .
'iJj~t*llj,' ·
". ~'(;:\t,',\;fi,.;
~~ffil~2l'-,~ ::. .:
- 'p~;1;:;:-'"
'( i'r;r~,
('l:';</:;~ :
\ "j ~"J'/;;
~!; :~, ;I~
....... ..... . '~, ,',', ".' .:
I ,.." -?~~:~;:i~t\":-, ,",
0...." 'f"""
. . .. '~~rlj;
. '11 '\'.
, ,11'
,'. J:':
'"
.h
-
.., , '. .,;1"':,
IILI-..' __ _
....,.-.."...:
':>:~'<~K
k;":'(:
I
HERBERT LEWIS
Des Moines, lowiI
KRUSE BLUNCK
AKI ASSOCIATES, INC.
SAS ,
Dallu, Texu
" GEORGE ASSOCIATES
HAMMER,. SILER, ,\
' ..' C IOlildo ,
Denver, 0
-I
o
.
~
.
I.' .
.,...__..--,.~_._..
~--,-
-..."'....-
-...-,,..~....~....-,.....E--"._----
iII11\______~~
--.
i: