HomeMy WebLinkAbout1992-09-29 Public hearing
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WIL.LIAM L. MEARDON
WILLIAM F. SUEPPEL
ROBERT N. DOWNER
JAMES P. HAYES
JAMES O. McCARRAGHER
MARK T. HAMER
THOMAS D, HOBART
MAROARET T. LA1NSON
DOUGLAS D. RUPPERT
PAUL J. McANDREW. JR.
TIMOTHY J. KRUMM
WILLIAM ..I, SUE:.PPEL
CHARt.ES A. MEAROON
STEVEN A. MICHALEK
MEAROON, SUEPPEL, DOWNER & HAYES
LAWYERS
122 SOUTH I.INN STREET
IOWA CITY. IOWA S2240
September 22, 1992
Mr, Bob Miklo
city of Iowa City, Iowa
~lO East Washington Street
Iowa city, Iowa 52240
Re: Jim Jensen/Alley Vacation
Dear Bob:
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FAX: 1319) 338.7250
TELEPHONE: (3191338.9222
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Pursuant to our recent telephone conversation, this letter will
confirm Jim's desire to appeal the recent decision by the Planning
and Zoning Commission to deny his request to vacate the alley
behind his property located at 410 Reno Street here in Iowa City,
Please let me know, Bob, when this matter will appear on the
Council's agenda,
Thank you for your assistance on this file,
s,
DDR/tw
cc: Jim Jensen
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DRDINANCE NO,
AN ORDINANCE TO VACATE, AS A CORRECTIVE LEGAL
ACTION, THE WESTERLY 105.29 FEET OF THE ALLEY
BETWEEN MAIDEN LANE AND GILBERT COURT AT
LAFA VffiE STREET, BLOCK 4, LYON'S FIRST ADDITION,
IOWA CITY, tOWA, AND THE NORTHERLY PLATTED ALLEY
IN BLOCK 4,LYON'S FIRST ADDITION, IOWA CITY,IOWA,
WHEREAS, by Quit Claim Deed dated December 26, 1973,
City conveyed to Capitol Implement Company the 'platted
alley in Block 4, Lyon's Addition,' and
WHEREAS, by Quit Claim Deed dated March 19, 19B5, the
December 26, 1973, Quit Claim Deed referred to in the
previous paragraph was clarified so as to specify that the
alley referred to in said Quit Claim Deed was 'the northerly
platted alley in Block 4, Lyon's First Addition,' and
WHEREAS, the abstract of title for the Capitol Implement
Company property does not show proof of publication of
notice in connection with the vacation of said alley as
required by law, and
WHEREAS, there is also a former alley located on the
Southerly portion of the Capitol Implement Company for
many years but for which vacation proceedings do not
appear of record in the chain of title to the Capitol Implement
property, and
WHEREAS, City wishes to vacate both of the above.
referenced alleys as a corrective legal action to eliminate the
cloud on the title to the Capitol Implement property,
NOW, THEREFORE, BE IT ORDAIN EO BY THE CITY
COUNCIL OF THE CITY OF IOWA CITY, IOWA:
SECTION I, VACATION. That the following.descrlbed alleys
are hereby vacated:
The northerly platted alley In Block 4, Lyon's First
Addition, more specifically described on Exhibit B
attached hereto and incorporated by reference herein.
The West 1 05,29 feet of the Southeriy alley located in
Block 4, Lyon's First Addition, legally described on
Exhibit B attached hereto and incorporated by reference
herein,
SECTION II. RECOROATION. The City Clerk is hereby
authorized and directed to certify and record this ordinance
at the office of the Johnson County Recorder,
SECTION III. REPEALER. All ordinances and parts 01
ordinances in contlict with the provisions of this Ordinance
are hereby repealad,
SECTION IV, SEVERABILITY, If any section, provision or
part of the Ordinance shall be adjudged to be Invalid or
unconstitutional, sllch adjudication shali not affect the
validity of the Ordinance as a whole or any section, provision
or part thereof not adjudged invalid or unconstitutional,
SECTION V, EFFECTIVE DATE, This Ordinance shall be in
effect after its final passage, approval and publication, as
provided by law.
Passed and approved this
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Ordinance No.
Page 2
MAYOR
ATTEST:
CITY CLERK
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It was moved by and seconded by
as read be adopted, and upon roll call there were:
that the Ordinance
AYES:
NAYS:
ABSENT:
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Ambrisco
Courtney
Horowitz
Kubby
Larson
McDonald
Novick
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First Consideration
Vote for passage:
Second Consideration
Vote for passage:
Date published
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