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HomeMy WebLinkAbout1992-09-29 Public hearing -, ~\~, I 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: "'j , , FAX: 1319) 338.7250 TELEPHONE: (3191338.9222 Nb1l1l)f{'tf r:r:t{2 ') 1":'? .;'.. I. "01.. p'P.D P. .' . 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 <<Ogq '.. , \ 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 :l/(Jf I I , , ., 'I , , -, Ordinance No. Page 2 MAYOR ATTEST: CITY CLERK ~2bY4~~;d4 ity Attorney's Office Y-.:;s-~,<- n:\lIQll\netBev.Old ,/(lb9 ._..._,....,'_......_~ '.. It was moved by and seconded by as read be adopted, and upon roll call there were: that the Ordinance AYES: NAYS: ABSENT: - Ambrisco Courtney Horowitz Kubby Larson McDonald Novick - - - - First Consideration Vote for passage: Second Consideration Vote for passage: Date published ~/()9 _"M___ '-- ........ "._lll~'" ......_~ .-.. .......... . 'I 'I . , , .-