HomeMy WebLinkAbout1992-10-27 Ordinance
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ORDtNANCE NO.
AN ORDtNANCE VACATING PORTIONS OF THE ALLEY
lOCATED ADJACENT TO THE EAST SIDE OF 410 RENO
STREET.
WHEREAS, vacation of the portion of the alley descrtbed
below will diminish access to only one property; and
WHEREAS, that properly has direct access ~om Reno Street;
and
WHEREAS, no public or private utllhles are tocated tn said
alley; and
WHEREAS, the Council finds that h ts tn the public Interest to
vacale the portion of the alley described below.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY
COUNCtL OF THE CITY OF tOWA CITY, tOWA, THAT:
SECTION I. VACATION. The City of towa City hereby vacates
those portions of the alley tocated adjacent to the east side of
410 Reno Street, tegetly described as follows:
The eesterly 16 feet of the southerly 50 feel of Lot 7 and the
easterly 16 feet of the northerly 25 feet of Lot 6, all In losh's
extension to Woods Addhlon to Iowa City, Iowa, according
to the reccrdad plat thereof.
SECTION II. REPEALER. All ordtnances and parts of
ordinances In conflict whh the provtslons of this Ordinance are
hereby repealed.
SECTION Ill. SEVERABilITY. tf any section, prov)ston or part
of the Ordinance shall be adjudged to be tnvalld or
unconsthutlonal, such adjudication shall not affect the validity of
the Ordinance as a whole or any section, provision or part
thereof not adjudged Invalid or unconstitutional.
. SECTION tV. EFFECTIVE DATE. this Ordlnsnce shall be In
effect alter hs finat passage, approval and publlcatton, as
provided by taw.
Passed and approved thts
MAYOR
ATTEST:
CITY CLERK
Approved by
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October 19, 1992
The city Council
city of Iowa city
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We write concerning the request of Jim Jensen to vacai~..,tlie north-
south alley located east of 410 Reno street. _~r- :::: :!,
As it presently stands, this alley clearly provides a~g;mpp~tarit
point of access to the large back yards of all the persons:~nos~'
property abuts the alley--in particular, the back yards of)Sand~~ and
Ted Anfinson, who reside at 1232 E. Davenport st., of Patty and Jim
Jensen, who reside at 410 Reno st., of Kate and Carl Klaus, who reside
at 416 Reno st., and of Carol and Jim Manary, who reside at 419
Pleasant st.
Thus if the City Council vacates the alley but does not require
Mr. Jensen to give written easement to the rest of us--namely, the
Anfinsons, the Klauses, and the Manarys--then it will in effect have
supported the desires of one citizen over the legitimate and well-
established claims of several others. Such an inequitable resolution
of this matter would be very difficult for us to understand.
We realize, of course, that many residents of Iowa City,
particularly those living in more recently developed areas of the
community, do not have the convenience of accessing their property
through city alleys. But by the same token, we also think it is
important to recognize that most homeowners living in older areas of
the community, such as the northeast quadrant where we reside, do have
access to their back yards by means of alleyways. And jUdging from
conversations we have had with such property owners, they would be just
as distressed as we at the possibility of having to relinguish the
alleys that abut their back yards, particularly in the absence of any
compelling reason for them to do so, other than to satisfy a neighbor's
desire to increase the size of his property.
Given the clear absence of any pressing need to vacate the alley,
we strongly believe that the only equitable and just response to Mr.
Jensen's request would be either to deny it, or to grant it with the
stipulation that he (and anyone else who purchases a portion of the
alley) give written easement to all the other concerned property
owners.
Thank you for considering our views on this neighborhood matter,
a fair resolution of which is important to all of us.
Dear Council Members:
sincerely,
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Sandy Andn"lon Kate Franks Klaus
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Ted Anfinson Carl H. Klaus
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Carol Manary
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~ Jim Manary CJ'
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City of Iowa City
MEMORANDUM
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Date: October 19, 1992
To: Monica Moen, Senior Planner
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From: Mary Lee Dixon, Property Consultant
Re: Value for Alley East of 410 Reno Street
I am responding to your inquiry in regard to establishing a value for the portion of the alley
that is east of the property at 410 Reno Street. I have attached a copy of the map marked
Exhibit A which shows the location of this alley.
In trying to determine the value for such a parcel, the sale of similar residential land helps to
establish a fair market price. The problem is that there are few vacant residential parcels
which have sold similar to the subject property.
A comparison or comparable that is fairly similar to the subject is the following, In September
of 1987, the City of Iowa City disposed of an alley just south of the property you are
considering for disposition. The alley that was sold was located north of Bloomington Street,
east of Reno Street, south of Davenport Street and west of Hickory Hill Park area. Access
to this alley was from Davenport Street on the north and Bloomington Street on the south,
The size of the alley was 16' x 320' or 5120 square feet. Nicholas Peet (an adjacent property
owner) paid $500 for the alley. After the sale, portions of this alley were divided and added
to each property that abutted this alley. The square footage cost was $0.0977.
It is my understanding that the $500 fee charged to Nicholas Peet was not so much based
on the square footage cost of the land, but to cover the basic overall cost that the City would
incur in completing this transaction.
In several appraisal reports that have been completed for the City of Iowa City, the appraiser
noted a difference in valuing a vacant parcel of residential land that is buildable versus one
that is not, sometimes referred to as an excess piece of land. Excess land typically provides
an amenity to the property owner, often serving as a "buffer" from an adjacent neighbor or
from automobile traffic. In these appraisel reports, the excess land was valued between
$0.30 and $0.40 per square foot. It should be noted thet edditional excess square footage
in a commercial zone can affect the value of the lot in whole. As an example, additional or
excess squere footage in a commercial zone can meen that more units can be built and
ultimately more income can be generated.
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In my opinion, the portion of the allay you are considering for disposition is an excess piece
of land. Once added to the existing lot at 410 Reno Street, it will provide a buffer from the
neighboring property to the east. Furthermore, it could be considered an amenity to the
property owner, offering additional space for such things as gardening and/or landscaping.
If we use the figures of $0.30 to $0.40 in computing the value of the subject parcel. the
market value would be $360.00 to $480.00. I would recommend selling the subject parcel
for $500 with the stipulation that the buyer(s) pay for all costs associatad with the sale.
(Abstracting, title work if any, recording fees. attorney fees, etc.)
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If you have any questions or need me to assist in the disposition and closing, please let me
know.
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EXIII BIT A
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City of Iowa City
MEMORANDUM
Date:
October 21,1992
City Council and City Manager
Jeff Davidson, Assistant Director, Planning & Community Development fI!
ACT ProjecUDubuque Road Vacation
To:
From:
Re:
You will notice a change In the ACT street vacation ordinance from your previous meeting. We
have been advised by Iowa DOT that once the City vacates the public access easement from the
portion of Dubuque Road they own, they will not permit public access to the property. This Is
because of the liability Ihey would Incur In having the property open to the public. A fence would
be placed around the property until it could be sold to ACT. Because of the necessary
appraisals, surveying, establishment of right-of-way lines, and action required by the Governor's
office, this will take several months.
If approved by Council, we will be vacating the portion of Dubuque Road owned by ACT
Immediately. This portion of this property will be gated by ACT, with access allowed for the
Hunters. In order to keep access open to the Hunters, the portion of the right-of-way owned by
Iowa DOT will be vacated effective with the sale of the property to ACT. The public access
easement will remain in the Interim. Once the sale of the property occurs, ACT will gate the
newly acquired property, with access allowed to the Hunters. Incidentally, Iowa DOT Is anxious
to dispose of their property in this area, as they feel It is in excess of what Is needed for 1-80.
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ORDINANCE NO.
AN OROtNANCE VACATtNG PORTIONS OF DUBUQUE ROAD
RtGHT.OF-WAY.
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WHEREAS, lhe portion of the right.ot'way described betow
is not necessary to provide public access to pr, perties In the
area and
, EREAS, the City will retain easements or any existing
utiliti s.
NO , THEREFORE, BE IT ORDAtNE
COUN L OF THE CtTY OF tOWA CtTY, WA, THAT:
SECTtO t. VACATtON. The City v towa City hereby
vacates t se portions of Dubuque Ro legally described as
foiiows: .
Part 0 ~he west hatf of Sectlo 1, Township 79 North,
Range 6 est of the Filth Prl cipal Meridian and a part
of the sou west quarter of ection 36, Township 80
North, Rang 6 West of the ilth Princlpat Meridian more
parlicularty d crlbed as llows:
Beginning at the nort ast corner of the west hatf of
said Section 1; t ence outh 00'57'06" West atong the
easteriy line at test hatf of said Section 1, 24.B5
feet to a point 0 he southerly right-of.way line of
Dubuque Road; th ce North 8B'45'47" West along said
right-ot.way line .00 feet to a point; thence South
71'45'01" W tal g said right.of.way line 158.51
feet to a point; hence orth 89'29'37" West atong said
right.ot.way Ine 116. feet to a point;, thence North
89'54'02" est along said right.of.way tine 212.94
feet to a point of cur ture; thence southwesterly
343.13 eet etong a 70 foot radius ourve, concave
soutEe terly to a point tangency; thence South
43'2 '29" West atong sai rlght.of.way line 379.58
feet a potnt; lhence South 4 '48'00" West along said
rig~ -of.way line 499.75 feet a point; thence South
69'35'27" West atong said rl t.of.way line 102.21
f6et to a point; thence North 4 '04'00" West 57.97
eet to a point; thence South 41' 9'42" West 183.05
feet to a point; thence North 32' '36" East 260.89
teet to a point; thence North 45'3 25" East 234.98
feet to a point; thence North 26'01' 1" East 360.34
feet to a point; thence 67'46'18" East 71.04 feet to
a point of curvature; thence northeastert 308.08 feet
along a 764-foot radius curve, concave s therty to a
point; thence North 69'20'15" East 567.4 feet to a
point; thence South 87'22'30" East 600.00leet to a
point; thence South 80'31'56" East 119.36 feet to a
point; thence 00'67'06" West 184.30 feet to the Point
of 8eglnnlng. Said parcet herein described contains
10.23 acres more or less and is subject to existing
easements and restrictions of record.
Aiso:
Commencing at the west quarter corner of Section "
Township 79 North, Range 6 West of the Filth Principat
Meridian; thence North 00' 15'01" East 775.64 feet
along westerty tine of said Seclion 1 to the Point of
Beginning; thence South 76'35'66" West 136.00 feet
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Ordinance No.
Page 2
to a point of curvature; thence 308.73 feet along a
480.80.loot radius curve, concave northwesterly to a
point; thence North 88056'15' West 52.73 feet to a
point; thence North 000 15'01' East 7.00 feet to a point;
thence North 22039'37" West 72.09 feet to a point;
thence South 88056'15' East 82.18 feet to a point of
curvature; thence 657.79 feet atong a 407.80.foot
radius curve, concave northwesterly to a point; thence
North 02059'27' West 165.24 feet to ~/point of
curvature; thence 157.98 feet atong a iO.50.foot
radius curve, concave easterty to a point; hence North
0~15'01" East 102.27 feet to a poin, thence South
540 '30" East 23.66 feet to a po' t; thence North
4101 ~2' East 183.05 feet t~a ~nt; thence South
43004'0 ' East 57.97 feet to point of curvature;
thence 3~.18 feet along a 44 .50.foot radius curve,
concave so theasterly ~o point; thence South
02059'27' E t152.56 fe to a point of curvature:
thence 254.82~et atong 473.80.loot radius curve,
concave westerl to a p nt; thence South 00015'01'
West 125.93 feet th Point of 8eginning. Said parcet
contains 2.70 ares re or tess.
SECTtON tV. REPEA All ordinances or parts of
ordinances in conflict ith e provisions of lhis Ordinance
are hereby repeated.
SECTtON 1tI. SEV ABtLlTY. tf any section, provision or
part of the Ordin nce shall be djudged to be tnvalid or
unconstitutional, such adjudicati shall not affect the
validity of the Q dinance as a whote any section, provision
or part thereq( not adjudged Invalid 0 unconstitutlonat.
SE ION IV! EFFE TtVE DATE. This rdinance shall be in
full force a d effect from and after its fina assage, approval
and publi ation, as provided by law.
Passe and approved this
~A YOR
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i CtTY CLERK
Approved by
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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:
Ambrlsco
Courtney
Horowitz
Kubby
Larson
McDonald
Novick
First Consideration
Vote for passage:
Larson,HcDonald.
10/13/92
AYES: Novick,Ambrisco,Courtney,Horowitz,
NAYS: Kubby. ABSENT: None,
Second Consideration
Vote for passage:
Date published
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:f. Reu (1;eJJ 'Pub/lco.h ~ dllffl:r~
ORDINANCE NO. 92-3553
AN ORDINANCE TO VACATE, AS A CORRECTIVE LEGAL
ACTION, THE WESTERLY 105.29 FEET OF THE ALLEY
BETWEEN MAt DEN LANE AND GtLBERT COURT AT
LAFA ymE STREET, BlOCK 4, lYON'S FtRST ADDtTtON,
IOWA CITY, IOWA, AND THE NORTHERLY PLATTED ALLEY
tN BlOCK 4, lYON'S FtRST ADOITtON, IOWA CtTY, IOWA.
WHEREAS, by Quit Claim Deed dated December 26, 1973,
City conveyed to Capitot tmplement Company the 'ptatted
alley in Btock 4, Lyon's Addition,' and
WHEREAS, by Quit Ciaim 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 reterred 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 Capitot tmplemenl
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 Capitot Implement Company for
many years but for which vacation proceedings do not
appear of record in the chain of title to the Capitol tmplement
property, and
WHEREAS, City wishes to vacate both of the above-
reterenced alleys as a corrective legal action to eliminate the
cloud on the title to the Capitot tmptement property.
NOW, THEREFORE, BE IT ORDAtNED BY THE CtTY
COUNCIL OF THE CITY OF tOWA CtTY, IOWA:
SECTtON I. VACATtON. That the following.described alleys
are hereby vacated:
The northerly platted alley in Btock 4, lyon's First
Addition, more specifically described on Exhibit B
attached hereto and incorporated by reference herein.
The West 105.29 feet of lhe Southerty alley tocated tn
Btock 4, lyon's First Addition, legally described on
Exhibit B attached hereto and Incorporated by reference
herein.
SECTION II. RECORDATION. 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 of
ordinances in conflict with the provisions of this Ordinance
are hereby repealed.
SECTION tV. SEVERABILITY. If any section, provision or
part of the Ordinance shall be adjudged to be invalid or
unconstitutional, such adjudication shall not affect the
validity at the Ordinance as a whoie or any section, provision
or pari thereat not adjudged invalid or unconstitutional.
SECTION V. EFFECTIVE DATE. This Ordinance shall be In
effect aller its finat passage, approvai and publication, as
provided by law.
Passed and approved this 27th day of October.
1992.
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Ordinance No. 92- 3553
4~1.
AVOR
ATTEST:~..f. .-JG.;.J
CITY Cl K
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It was moved by HcDonald and seconded by
as read be adopted, and upon roll call there were:
Horowitz that the Ordinance
AYES:
NAYS:
ABSENT:
x
x
x
Ambrlsco
Courtney
Horowitz
Kubby
Larson
McDonald
Novick
x
X
X
X
First Consideration 10/13/92
Vote for passage: AYES: Kubby,Larson,HcDonald,Novick,
Ambrisco,Courtney, NAYS: None. ABSENT: Horowitz,
Second Consideration
Vote for passage:
----------------------
5
1l/kt92
Date published
Hoved by lleDd~ald, seconded by Horowitz, that the rule requiring
ordinances to ~onsidered and voted on for passage at two Council
meetings prior to the meeting at whieh it is to be finally passed
be suspended, the second consideration and vote be waived and the '
ordinanee be voted upon for final passage at this time. AYES:Courtney,
Horowitz, Kubby, Larson, HcDonald, Noviek, Ambrisco. NAYS: None.
ABSENT: None.
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EXHIBIT "B"
Beginning at the Northwest Corner of Lot 6, Block 4, of the
County Seat Addition to Iowa city, as recorded in Plat Book
23, at Page 14, of the Records of the Johnson County
Recorder's Office; Thence NOOoOO'OO"E, along the East Right-
of-Way Line of Maiden Lane, 20.00 feet; Thence N89018'0711E,
105.22 feet; Thence SOOoU'19"E, 20.00 feet to the Northeast
Corner of said Lot 6; Thence S89018'0811W, along the North
line of said Lot 6, 105.29 feet to the Point of Beginning.
Said tract of land contains 2,105 square feet, more or less,
and is subject to easements and restrictions of record.
Beginning at the Northeast Corner of Lot 1, Block 4, Lyon's
1st Addition, Iowa City, Iowa; Thence N74036'4711W, along the
North line of said Block 4, 213.34 feet, to the Northwest
Corner of Block 4; Thence NOOoOO'OO"E, 20.73 feet; Thence
S74036'47"E, 213.52 feet, to the West Right-of-Way line of
Gilbert Court; Thence SOOo28'5411W, along said Right-of-Way
line, 20.68 feet, to the Point of Beginning. Said tract of
land contains 4,265 square feet, more or less, and is
subject to easements and restrictions of record.
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