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Home My WebLink About1992-11-10 Ordinance -, ~6' ORO/NANCE NO, AN ORDINANCE VACATING PORT/ONS OF THE ALLEY LOCATED ADJACENT TO THE EAST SIDE OF 410 RENO STREET. WHEREAS, vacallon of Ihe portion of the alley described below will diminish eccess to only one property; and WHEREAS, Ihal proparty has direct access from Reno Slreel; and WHEREAS, no public or private UlIIHles are located In said alley; and WHEREAS, Ihe Council finds that II Is In the public Inlerestto vacate the portion of the alley described below, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: SECT/ON I. VACATION, The CIIy of Iowa CIIy hereby vacates those portions of Ihe alley located adjacent to Ihe east side of 410 Reno Streel, legally described as follows: The easterly 16 feet of the southerly 50 feel of Lot 7 and the easterly 16 feet of the northerly 25 feet of LOI6, all In Irish's Extension 10 Woods Addlllon to Iowa CIIy, Iowa, according 10 the recorded plat theraof, SECT/ON II, REPEALER. All ordinances and parts of ordinances In connlct wllh the provisions of this Ordinance are hereby repealed, SECTION III, SEVERABILITY, If any secllon, provision or part of the Ordinance shall be adjudged to be Invalid or unconslltUllonal, such adJudlcallon shall not alfect the valldlly of the Ordinance as a whole or any section, provision or part thereof not adjudged Invalid or unconstnullonal, SECTION IV. EFFECTIVE DATE, This Ordinance shall be In elfact afier lis final passaga, approval and publlcallon, as provided by law, Passad and approvad this I'," , , MAYOR A lTEST: CITY CLERK Approved by 2m 10 Jo/9.J..,. - ppdadm/nlrenoe/ly,ord , c94d3 " "I I , ' -. v/~ , , ' i i , ~.. .u'. ..d , : ,_...... i ; i ~ ....-..... ---""1 I ."....-_~r~..~~__.. ,__. __,. _ i ,.",~-~ - I . ,....... "'..' 0' . '<.~ ,..- ,j ,...".....! 1 'I ". "0.,,,",..1 " ' .. " J . ,~"'.' j ..,: ",..,:,'......,~ I , ' ....-.._. .,' -.--1 I .......,... c.....,....._,..... .......,......) , ",..,.. j ..:1 j , i , ,'.. ''','''/ - ... I ",....., " .., .,... .." I ..,.. ......,I ",."-",,,--,:...; ....... .-,;." .......... i"'( 1; .,.....b'... I' ....'" I ",I" i .1: ! I' ........,.-.,.. ......1 I' I i " ';;~~3 .. - I , ' -.. s~' OROINANCE NO, 92- 3554 AN OROINANCE AMENDING THE ZONING ORDINANCE BY CHANGING THE USE REGULATIONS OF APPROXIMATELY FIVE ACRES OF LAND LOCATED AT 1301 SHERIDAN AVENUE IN IOWA CITY, IOWA. WHEREAS, John Shaw, Jill Smith and Barbara Ludke, on behalf of Longfellow Neighborhood Association, have requested a zone change from 1-1, General Industrial, to RS,B, Medium Density Single.Family Residential for approximately five acres of land located at 1301 Sheridan Avenue, Iowa City, Iowa; and WHEREAS, the property has been used as an industrial site for over 90 years, but has become an anomaly in the midst of a residential neighborhood; and WHEREAS, the requested rezoning would make the property consistent with the predominantly single.family residential zoning of surrounding property; and WHEREAS, the City's Comprehensive Plan designates this property for low to medium density single-family residential development; and WHEREAS, the Comprehensive Plan policy governing actions of the City for existing land uses encourages the relocation of incompatible and obsolete iand uses, NOW, THEREFORE, BE IT ORDAINEO BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: SECTION I. APPROVAL. All that part of the following described property lying west of the west line of Grant Street extended south is hereby reclassified from its present classifi- cation of 1.1, Generallndustrial, to RS.8, Medium Oensity Single,Family Residential:'" , Commencing at a point where the north boundary of the Chicago, Rock Island and Pacific Railwav Company's right.of.way Intersects the west boundary of the East Half IE1I2) of the Northwest Quarter INW1/41 of Section 14, Township 79 North, Range 6 West of the 5th P,M., running thence north along the said west boundary approximately 630 feet to the south boundary of Sheridan Avenue in Iowa City, Iowa; thence easterly in the direction of the south boundary of Sheridan Avenue produced 400 feet; thence southerly in a direction which makes an angle of deflection to the right,of,way 820 with the south boundary of Sheridan Avenue above described, thence southerly along such course to its intersection with the north boundary of the Chicago, Rock Island and Pacific Railway Company's right.of. way; thence along said rlght-of,way in a north, westerly direction to the place of beginning, Also, commencing at a point where the north boundary of the Chicago, Rock Island and Pacific Railway Company's rlght,of-way intersects the west boundary of the East Half IEl/21 of tho Northwest Quarter INW1/41 of Section 14, Township 79 North, Range 6 West of the 5th P,M.. running thence north aiong the said west boundary approximately 630 feet to the south boundary of Sheridan Avenue, thence westerly following the south line of Sheridan Avenue 30 feet; thence southerly parallel to the said east line of the West Half IW1/21 of the Northwest Quarter INWl141 of said Section 14 to the north boundary of the said railway right,of.way; thence southeasterly along said right-of'way to the place of beginning, subject to en easement for road purposes ('(\.J.'} .;}~Jq ~, Ordinance No, 92-3554 Page 2 and excepling therefrom the lollowing: Commencing on the south line of Sheridan Avenue, Iowa City, Iowa, 102,70leel east of the east line of Ihe Wesl Half IW1/21 01 Ihe Northwest Quarter {NW1/41 of Section 14, Township 79 North, Range 6, Wesl of Ihe 5th P.M.; thence south parallel with Ihe east line of said Wesl Half IW1/21 of Ihe Northwest Quarter INW1I41 of Section 14, 1601eet; Ihence east parallel with the south line of Sheridan Avenue 50 feet; thence north parallel wilh the said easlline of Ihe West Half IW1I21 of Ihe Northwesl Quarter INWl/41 of Section 14, 150 feel 10 the said south line 01 Sheridan Avenue: thence west along Ihe south line of said Sheridan Avenue 50 feel to Ihe place of beginning, subject to easements 01 use and record, restrictions and covenants of record, according 10 the plat thereof recorded JulV 25, 1959, in Piat Book 2, Page 72A, Records of Johnson County, Iowa, SECTION II, 20NING MAP, The Building Inspector is hereby authorized and direcled 10 change the zoning map of the City of Iowa City, Iowa, to conform to this amendment upon final passage, approval, and publication of this Ordinance as provided by law, SECTION III, CERTIFICATION AND RECORDING. The City Clerk is hereby authorized and directed to certify a copy of this Ordinance which shall be recorded at the Office of Ihe County Recorder of Johnson County, Iowa, upon linal passage and publication as provided by law. SECTION IV, REPEALER, All ordinances and parts of ordinances in conflict with the provisions of Ihls Ordinance are hereby repealed, SECTION V, SEVERABILITY, If any section, provision or part of Ihe Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect Ihe validity of the Ordinance as a whole or any section, provision or part thereof not adjudged Invalid or unconstitutional. SECTION VI, EFFECTIVE DATE, This Ordinance shall be in effect after Its final passage, approval and publication, as provided by law, Pa ed and approved this 10th day of November, ATTEST: ll1t7~~ ,f ~,uJ CITY CL~RK Approved by ]iJo--. q Iii h2-- ppdedmlnll301.hor.OId ~q~~ 'I I , '.. It was moved by Arnbrisco and seconded by as read be adopted, and upon roll call there were: Kubby that the Ordinance AYES: NAYS: ABSENT: x Ambrisco - x Courtney x Horowitz - x Kubby X - Larson x McDonald x Novick - First Consideration 10/27/92 Vote for passage: AYES: Courtney, Horowitz, Kubby, Larson, McDonald, Novick, Ambrisco. NAYS: None. ABSENT: None. Second Consideration Vote for passage: Date published 11/18/92 Moved by Ambrisco, seconded by Horowitz, that the rule requiring ordinances to be considered and voted on for passage at two Council meetings prior to the meeting at which it is to,be finally passed be suspended, the second consideration and vote be waived and the ordinance be voted upon for final passage at this time, AYES: Ambrisco, Courtney, Horowitz, Kubby, Larson, Novick, NAYS: None. ABSENT: NONE. ~4~~ ~, J~: 'I 1 , WITHDRAWAL OF PROTECT AGAINST REZONING \.':1 - I" .~ (.) :".1 .,-4 ..,;('" . I "--" ';"- I ,- . :..' TO: THE CITY CLERK OF THE CITY OF IOWA CITY, IOWA .0 ;: , .' . i' -. - .~,.' - ~-i ~ . On or about September 15, 1992, ADVANCED DRAINAGE:llYS~jMS, INC. filed a Protest Against Rezoning covering certain real estate situated in Iowa city, Iowa, and then owned by Advanced Drainage Systems, Inc. A copy of this protest is attached hereto as Exhibit "A", and by this reference made a part hereof. The real estate described in said Exhibit "A" has now been conveyed by Warranty Deed by Advanced Drainage systems, Inc. to James J. 0' Brien. No longer having any ownership in the real estate described in said Exhibit "A", Advanced Drainage systems, Inc. withdraws the protest against rezoning filed' herein on or about September 15, 1992, a copy of which is attached hereto as Exhibit "A". DATED this 5th day of November, 1992. ADVANCED DRAINAGE SYSTEMS, INC. ,) , By /Ji:utd~~ CKarles A. Ollendick, Iowa city Plant Manager STATE OF IOWA ss: COUNTY OF JOHNSON This instrument was acknowledged before me on November 5 , 1992 by Charles A. Ollendick as Iowa ci y lant Manager of Advanced Drainage systems, Inc. in and for the State of Iowa My commission Expires: September 22, 1995 J~d~ " ,;.. EXHIBIT "A" PROTEST AGAINST REZONING ADVANCED DRAINAGE SYSTEMS, INC. STATES: lD ," C'" " ., :.~:2 '"J , '-- ,- .. I 0-- G' - .. ...- c. ;;;',~.. -" -~.~ - 0::". - " .. , " - " TO: The city Clerk of the city of Iowa city, Iowa 1. That Advanced Drainage Systems, Inc. is the owner of the following described real estate located in Iowa city, Johnson County, Iowa, to-wit: Commencing at a point where the north boundary of the Chicago, Rock Island & Pacific Railway Company's right- of-way intersects the West boundary of the Est Half (E 1/2) of the Northwest Quarter (NW 1/4) of Section 14, Township 79 North, Range 6 West of the 5th P.M., running thence north along the said west boundary approximately 630 feet to the south boundary of Sheridan Avenue in Iowa ci ty, Iowa; thence easterly in the direction of the south boundary of Sheridan Avenue produced 400 feet; thence southerly in a direction which make an angle of deflec- tion to the right-of-way 82 degrees with the south boundary of Sheridan Avenue above described, thence southerly along such course ~o its intersection with the north boundary of the Chicago, Rock Island & Pacific Railway Company's right-of-way; thence along said right- of-way in a northwesterly direction to the place of beginning, Also, commencing at a point where the north boundary of the Chicago, Rock Island & Pacific Railway Company's right-of-way intersects the west boundary of the East Half (E 1/2) of the Northwest Quarter (NW 1/4) of Section 14, Township 79 North, Range 6 West of the 5th P.M., running thence north along the said west boundary approximately 630 feet to the south boundary of Sheridan Avenue, thence westerly following the south line of Sheridan Avenue 30 feet; thence Southerly parallel to the said east line of the West Half (W 1/2) of the Northwest Quarter (NW 1/4) of said Section 14 to the north boundary of said railway right-of-way; thence southeasterly along said right-of-way to the place of beginning, subject to an easement for road purposes and excepting therefrom the following: Commencing on the south line of Sheridan Avenue, Iowa city, Iowa, 102.70 feet east of the east line of the West Half (W 1/2) of the Northwest Quarter J~J'1 I " . '" (NW 1/4) of section 14, Township 79 North, Range 6, West of the 5th P.M.; thence south parallel with the east line of said West Half (W 1/2) of the Northwest Quarter (NW 1/4) of section 14, 150 feet; thence east parallel with the south line of said Sheridan Avenue 50 feet; thence north parallel with the said east line of the West Half (W 1/2) of the Northwest Quarter (NW 1/4) of Section 14, 150 feet to the said south line of Sheridan Avenue; thence west along the south line of said Sheridan Avenue 50 feet to the place of beginning, subject to easements of use and record, restrictions and covenants of record, according to the plat thereof recorded July 25, 1959, in Plat Book 2, page 72A, Records of Johnson County, Iowa. 2. That pursuant to section 36-aa(b) of the Code of Ordinances of the city of Iowa city, Iowa, the said Advanced Drainage Systems, Inc. hereby protests against the rezoning from 1- 1 to Rsa of that portion of the real estate hereinabove described presently situated in the zoning classification designated as 1-1 under the zoning ordinance of the city of Iowa city, Iowa. DATED this 15th day of September, 1992. ADVANCED DRAINAGE SYSTEMS, INC. ~t -I d 7/// ' By: ('l-P4-1&,4:. W#~/ Charles A, 011endick Title: Iowa City Plant Manager cO N CJ .- :,:0- c> C"_' ~. 2 ;. . ..':;: " ..- -, ,,,-" r:>< I C~ :.j -~r- c' :":r-'I (::J: - Jl!J.q -- , ' . .. ~, !) j; " i (' .1 , Ii , ~ .1 I; ,il .i[;9~;';;:f""~.-~" "", ,',', ---,._~'---~~---- ""I I , i ,\ STATE OF IOWA ss: JOHNSON COUNTY This instrument was acknowledged 1992 by Charles A. Ollendick of Advanced Drainage Systems, before me on September 15, a Iowa City Plant Manager , v in and for the State of Iowa My commission expires September 22, 1995. ...., : '.~ I~ 0 :"D. ci <.1 ~~'- .-~: '. G" I r.."\ ., -: ," ~: c - \ 3 t1l/ J. " '-, ~~ ORDINANCE NO, -2.2=3555 AN ORDINANCE VACATING PORTIONS OF DUBUQUE ROAD RIGHT,OF.WAY. WHEREAS, the portion of the right,of-way described below is not necessary to provide public access to properties in the area; and WHEREAS, the Citv wiil retain easements for any existing utilities, NOW, THEREFORE, BE IT ORDAIN EO BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: SECTION I. VACATION, The City of Iowa City hereby vacates that portion of Dubuque Road legaliy described as foliows: Commencing at the west quarter corner of Section 1, Township 79 North, Range 6 West of the Fifth Principal Meridian; thence North 00' 15'01' East 775.64 feet along westerly line of said Section 1 to the Point of Beginning; thence South 76'35'55' West 135,00 feet to a point of curvature; thence 308.73 feet along a 4BO,60-foot radius curve, concave northwesterly to a point; thence North 88'56'15' West 52.73 feet to a point; thence North 00' 15'01- East 7.00 feet to a point; thence North 22'39'37" West 72.09 feet to a point; thence South 88'56'15- East 82,18 feet to a point of curvature; thence 657,79 feet along a 4D7,80,foot radius curve, concave northwesterly to a point; thence North 02'59'27" West 165.24 feet to a point of curvature; thence 157,96 feet along a 510,50,foot radius curve, concave easterly to a point; thence North 00' 15'01' East 102,27 feet to a point; thence South 64'47'30' East 23,66 feet to a point; thence North 41' 19'42" East 183.05 feet to a point; thence South 43'04'00' East 57,97 feet to a point of curvature; thence 377 ,18 feet along a 444,50-foot radius curve, concave southeasterly to a point; thence South 02'59'27" East 152,56 feet to a point of curvature; thence 254.82 feet along a 473,80-foot radius curve, concave westerly to a point; thence South 00' 15'01' West 125.93 feet to the Point of Beginning. Said parcel contains 2,70 acres more or less, Also: The City of Iowa City hereby vacales that portion of Oubuque Road now owned by the State of Iowa and legaliy described below, said vacation to become effective only upon State of Iowa's conveyance of said described property: Part of the west hail of Section I, Township 79 North, Range 6 West of the Fifth Principal Meridian and a part of the southwest quarter of Section 36, Township 80 North, Range 6 West of the Fifth Principal Meridian more particularly described as foliows: Beginning at the northeast corner of the west half of said Section 1; thence South 00'57'06" West along the easterly line of the west half of said Section 1, 24,85 feet to a point on the southerly right-Of-way line 01 Oubuque Road; thence North 88'45'47" West along said righl,ol,way line 970,00 feet to a point; thence South lii~ ') t2fJ.ftJ Ordinance No, 92- 3555 Page 2 71 '45'01' West along said right,of,way line 158,51 feet to a point; thence North 89'29'37' West along said right.ol.way line 116.53 leet to a point; thence North 89'64'02' West along said right,of,way line 212,94 feet to a point 01 curvature; thence southwesterly 343,13 leet along a 709.loot radius curve, concave southeasterly to a point of tangency; thence South 43'23'29' West along said right,ol,way line 379,58 feet to a point; thence South 46'48'00" West along said right-ol-way line 499,76 leet to a point; thence South 60'36'27' West along said right-of,way line 102,21 feet to a point; thence North 43'04'00' West 57,97 feet to a point; thence South 41 '19'42- West 183,05 feet to a point; thence North 32'36'38- East 260.89 feet to a point; thence North 45'35'25" East 234.98 feet to a point; thence North 25'01'61" East 360.34 feet to a point; thence 67'46'18' East 671.04 feet to a point 01 curvature; thence northeasterly 308.03 feet along a 764-foot radius curve, concave southerly to a point; thence North 69'20'15" East 657,49 leet to a point; thence South 87'22'30" East 600,00 leet to a point; thence South 80'31'56" East 119.36 leet to a point; thence 00'67'06' West 184,30 leet to the Point of Beginning, Said parcel herein described contains 10,23 acres more or less and Is subject to existing easements and restrictions 01 record, SECTION IV. REPEALER. All ordinances or parts 01 ordinances in conflict with the provisions 01 this Ordinance are hereby repealed, SECTION /II, SEVERABILITY, If any section, provision or part of the Ordinance shail be adjudged to be invalid or unconstitutional, such adjudication shall not aflect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional, SECTION IV, EFFECTIVE DATE, This Ordinance shall be in lull lorce and effect Irom and after its final passage, approval and publication, as provided by law. Passed and approved this 10th day of November, 199 - MAYOR ATTEST: 1f'~ ;: .}{AA.J CITY CL RK JccoalPlndubJqul.Dld Approved by ~ 't~~ x!i;:tzy C Y Attorney's Office Ie _..;1/_ 'l.:L- Jl./dIt; '" I 'I , ~, It was moved by Horowitz and seconded by as read be adopted, and upon roll call there were: Ambrisco that the Ordinance AYES: NAYS: ABSENT: -L- -L- x x Ambrisco Courtney Horowitz Kubby Larson McDonald Novick x- -x- x First Consideration Vote for passage: Second Consideration 10/27/92 Vote for passage: AYES: Larson, McDonald, Novick, Ambrisco, Courtney, Horowitz. NAYS: Kubby. ABSENT: None. Date published 11/18/92 Moved by McDonald, seconded by Horowitz, that the rule requiring . ordinances to be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be finally passed 'be suspended, the first consideration and vote be waived and the ordinance be given second consideration at this time, AYES: Kubby, Larson, McDonald, Novick, Ambrisco, Courtney, Horowitz. NAYS: None, ABSENT: None. ,.,' ": . :; ~d.(, ~, 5; :'. .J ..-;', 1 , WIL.LIAM L. MEAROQN WILL.IAM F. SUE.PPEl. ROBERT N. DOWNER JAMES P. HAYES JAMES Q. McCARRAGHER MARK T. HAMER THOMAS D. HOBART MARGARET T, LA1NSQN DOUGLAS O. RUPPERT PAUL. J. McANDREW. JR. TIMOTHY J. KRUMM WIL.L.IAM J. SUEPPEL CHARL.ES A. MEAROON STEVEN A. MICHALEK MEARDON, SUEPPEL, DOWNER & HAYES LAWYERS 122 SOUTH L.INN STREET FAX:1319133S.7250 TELEPHONE: 1319l 336.9222 IOWA CITY, IOWA 52240 November 9, 1992 \0 city council 1') 0 Z city of Iowa city ~"CJ 0 t:Cij1 civic Center ).';'::'1 .1'~ 1'1'''''''' 410 East Washington street (j"'< .._..;;:0 - 0 Iowa City, Iowa 52240 -'in ,','''] ,-<I~- "" ~ t. U .. rn -" ...r" Re: Closure of Dubuque Road C3 ;;J - ::n) "\~;;~ C:i "-, ~.) Ladies and Gentlemen: :r-... 0:> This letter once again reiterates the objections by the Hunter family to the closure of Dubuque Road for all of the reasons expressed at the various meetings which have been attended by my client. It is my understanding that final hearing on this matter will occur on November 10, 1992. We have not filed a statement for damages by reason of the closing since it has been conditional in that ACT has agreed (verbally) to provide my client with free and convenient access to Highway 1. Accordingly, there would be no point in filing any claim for damages by virtue of the closing at this time, but we wish it understood that it is reserved in the event that we are unable to reach a satisfactory agreement with ACT. WLM: seh ~ lJ~ftJ _'...,L..,....<.:.< .-.,........,". .......,..