HomeMy WebLinkAbout1993-09-28 Ordinance
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L\~, ORDINANCE NO.
AN ORDINANCE AMENDING ORDINANCE
NO. 93-3565 AND THE ACCOMPANYING
CONDITIONAL ZONING AGREEMENT FOR
AN APPROXIMATELY 240 ACRE TRACT,
KNOWN AS WINDSOR RIDGE, LOCATED
EAST OF scorr PARK, SOUTH OF
LOWER WEST BRANCH ROAD, AND
NORTH OF AMERICAN LEGION ROAD.
WHEREAS, on March 30, 1993, the City
CoU~ pproved Ordinance No. 93-3565
(herel aft r "Ordinance"), rezoning an "
approx ~a ely 240 acre tract, located east of "
Scoll P k, south of Lower West Branch
Road an \ n rth of American Legion Road, i
Irom the Joh on County designation of RS, I
i
Suburban R~s dentlal, to RS-5, Low Density ,I
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Single-Family ~sldentlal; and "
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WHEREAS, 'S~ld Ordinance authorized Ii I
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execution 01' a Conditional Zoning Ii . 'i
Agreement betwe~n the City 01 Iowa City Ii! II'
and Windsor Ridge Development 9 . . Ii
, I\i
("Developer"), WhIC~ Agreement !J.mlted "
development 01 thes blect property; and ' !! ',~ i,"
,
WHEREAS, COndltlo\ 4.c. set lorth In the ;1 ! ,I.:,
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Conditional Zoning Agreement, and '.,'
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recorded on April 5, 1993,/ln Book 1521, I ,I'
Page 54 01 the Johnson Cpunty Recorder's j I.
Office, provides: ''Th~~ri r shall convey a I
minimum 01 13 6i. el to the Iowa City
Community Sc~ I/Dlstrlct for use as a
I
public school ~Ite,.the location 01 which shall .
be negotl~d ~ith the Clly a the School l I.r
,
District"; a d / 1
.-." WHE EAS: several Issues aro e regarding
the nter~retatlon 01 Condltlon 4.c.
I ,
wa antlng clarification of the conditions lor
t e trllnsler of approximately 13 \ acres 01
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pr9perty to the School District, Inclu,dlng the
t,lmlng, location, possesslon\ and
remuneration; and \
WHEREAS, the Planning and Zoning
I
Commission recommended approval ~Ithe
proposed amendment to Section 4.c. ~e
Conditional Zoning Agreement between the
City and the Developer; and
WHEREAS, the City and Developer no
wish to amend to orlglnel Ordinance an i
Conditional Zoning Agreement to clarify ,
Condition 4.c. and to set lorth the conditions
" lor the transfer 01 property Irom the
"
Developer to the School District, which II
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Ordinance No.
Page 2
amended Agreement Is attached hereto and
Incorporated by reference herein.
NOW, THEREFORE, BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA:
SECTION I. Ordinance No. 93.3565 and the
5companYlng Conditional Zoning
A eement ere amended by deleting Section
4.c. of the Agreement In Its entirety and
adop ng, In lieu thereof, the following:
c. wner shall covenant with the City to
re erve a minimum of thirteen acres to
be sed for construction of a public
SChO~. Owner, the City and the Iowa
City ommunlty School District shall
negotl ~the location of the parcel for
the pote tlal school slle. The location ;'
shall be ~her In Outlot 0 or Outlot L /
as design ted In the Preliminary Plat
or In the un ' latted area north of C 6rt
Street, all wi ~In the original 24.o~cre
annexation tract. Owner will retain
possession 01\ the ptrce /untll the
parcel may be qonveye to the Iowa
City Community\ Sc~ ,01 District as
described herein. \ :rhe covenant will
run with the title )0, that parcel which
shall be deslgn~ted ~":potentlal school
site" on the llnal )Iat of Windsor
Ridge SUb,dlvlslon. This covenant
shall remin In effect u tII released of
record py the City as se forth herein.
If tbe Iowa City Comm nlty School
DlsV(ct decides to use t e site and
a plies for a Building Perm to build a
chool on the designated pa el within
twelve (12) years from the ate the
parties execute this A ended
Conditional Zoning Agreement, wner
shall convey the site to the S hool
District. If the School District ha not
applied for a Building Permit wi In
twelve (12) years from the date~e
parties execute this Amende~
Conditional Zoning Agreement, th
covenant will expire and the use of the
parcel shall revert to the Owner. At \,
that time, the City will execute a
release of the covenant so that the
covenant will not constitute a lien and
cloud on the title to the parcel. That
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Ordinance No.
Page 3
,\
release will be recorded In the
Johnson County Recorder's Office at
Owner's expense.
If during the time period the
covenant Is In effecl, the CIty enacls
an Ordinance requiring the payment 01
a School Impact Fee as part 01 the
Final Plat approval process, Owner will
ay the required lees lor those
Indsor Ridge Subdivision Parts which
h ve not yet received Final Plat
ap roval. No Impact lees shall be
pal lor those Windsor Ridge
Sub Islon Parts which have already
recelv Final Plat approval at the time
01 the nactment 01 the Impact lee
ordlnanc. However, II the School
District u es the site to construct a
school an accepts conveyance of th
site, the CI and/or the School Dls . t
will rebate 0 the Owner all ees
previously pa and Owner all not
be required t pay any, additional
Impact lees or WI sor Ridge
Subdivision arts which may
subsequently be bmltted lor final
plat approval. If ny time during the
twelve (12) y rs I 1I0wlng execution
01 this Am ded C ndltlonal Zoning
Agreeme ,the chool District
deter es that the r erved site will
not used lor a pub c school, the
S 001 District will notl the City and
wner, and the City wi execute a
release of the covenant u on receipt
of written notice that Owne has paid
the required Impact lees, If a y.
The Ordinance and Amended Co dlllonal
Zoning Agreement, after adoption, s all be
recorded In the Johnson County Rec der's
Office at Owner's expense.
SECTION If. REPEALER. All ordinances d
parts 01 ordinances In conflict with t
provisions 01 this Ordinance are hereb
repealed.
SECTION III. 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
01 the Ordinance as a whole or any section,
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Ordinance No.
Page 4
provision or part thereof not adjudged Invalid
or unconstitutional.
SECTION IV. EFFECTIVE DATE. This
Ordinance shall be In effect after Its final
p sage, approval and publication, as
pr vlded by law.
ssed and approved this
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AMENDED CONDITIONAL ZONING AGREEMENT
This Agreement Is made by and between the City of Iowa City, Iowa, a Municipal Corporation
(hereinafter '1he City") and Windsor Ridge Development Co. (hereinafter "Developer").
WHEREAS, Developer Is legal title holder of property located east of Scott Park; south of Lower
West Branch Road and north of American Legion Road, known as Windsor Ridge, and legally
described on Exhibit A attached eteto; and
WHEREAS, on March 30, 1993, he City Council of Iowa City approved Ordlnanc No. 93-3565
(hereinafter 'Ordinance") rezonl g the approximately 240 acre tract of pro rty, known as
Windsor Ridge, from the Johnson ounty designation of RS, Suburban Resld tlal, to RS-5, Low
Density Slngle.Famlly Residential; d
WHEREAS, said Ordinance authorize xecutlon of a Conditional Zon g Agreement between the
City and the Developer which limited velopment of the prope . and
WHEREAS, said Ordinance and Agreeme t were recorded 0 prll 5, 1993, In Book 1521, Page
54 of the Johnson County Recorder's Offi ; and
WHEREAS, Condition 4.c. set forth In the reeme provides: ''The Owner shall convey a
minimum of 13 acres to the Iowa City Commu ity 001 District for use as a public school site,
the location of which shall be negotiated with City and the School District"; and
WHEREAS, the City and Developer now w t amend the Conditional Zoning Agreement to
clarify Condition 4.c. and to set forth e con itlons for the transfer of property from the
Developer to the School District.
NOW, THEREFORE, THE CITY A
1. The City and Devel er acknowledge th t several Issues arose regarding the
Interpretation of Co /tIon 4.c, of the original onditlonal Zoning Agreement warranting
clarification of the ondltlons for the transfer of proximately 13 acres of property to the
School District, eluding the timing, location, p session, and remuneration.
2. The City an eveloper now wish to amend the Iglnal Conditional Zoning Agreement
for Winds Ridge In order to clarify Condition 4.c. nd to set forth the conditions for the
transfer property for a school site.
3.
~ Iglnal Conditional Zoning Agreement dated bruary 23, 1993, and recorded In
Bo 1521, Page 54 of the Johnson County Recor er's Office shall be and Is hereby
a ended by deleting Section 4.c. of said Agreement n Its entirety and Inserting, In lieu
) ereof, the following:
c. Owner shall covenant with the City to reserve a Inlmum of thirteen acres to be
used for construction or a public school. Ower, the City and the Iowa City
Community School District shall negotiate the ocatlon of the parcel for the
potential school site. The location shall be elth r In Outlot 0 or Outlot L as
designated In the PrellmlnalY Plat or In the unplatt ~ area north of Court Street,
all within the original 240 acre annexation tract. Own~r will relaln possession of
the parcel until the parcel may be conveyed to the Iowa City Community School
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District as described herein. The covenant will run with the title to that parcel
which shall be designated a "potential school site" on the Final Plat of Windsor
Ridge Subdivision. this covenant shall remain In effect until released of record
by the City as set forth herein.
If the Iowa City Community School District decides to use the site and applies for
a Building Permit ,build a school on the designated parcel~lthln twelve (12)
years from the te the parties execute this Amended Co dltlonal Zoning
Agreement, Owner shall convey the site to the School District If the School
District has not appll d for a Building Permit within twelve (12) ye rs from the date
the parties execute th mended Conditional Zoning Agreemen the covenant will
expire and the use of t e parcel shall revert to the Owner. that time, the City
will execute a release 0 he covenant so that the covenan will not constitute a
lien and cloud on the tltI to the parcel. That release III be recorded In the
Johnson County Recorder Office at Owner's expens
If during the time period the ovenant Is In effect e City enacts an Ordinance
requiring the payment of a Sc 001 Impact Fee part of the Final Plat approval
process, Owner will pay the re ulred fees for ose Windsor Ridge Subdivision
Parts which have not yet recel d final pia approval. No Impact fees shall be
paid for those Windsor Ridge Su Ivlslon arts which have already received Final
Plat approval at the time of the en ctm t of the Impact fee ordinance. However,
If the School District uses the site t nstruct a school and accepts conveyance
of the site, the City and/or the Sc 01 District will rebate to the owner all fees
previously paid and Owner Sh~1I t e required to pay any additional Impact fees
for Windsor Ridge Subdlvlslo arts which may subsequently be submitted for
final plat approval. If at a~y e durin the twelve (12) years following execution
of this Amended Conditio al Zoning reement, the School District determines
that the reserved slte~1 not be used f r a public school, the School District will
notify the City and ner, and the CI will execute a release of the covenant
upon receipt ofwritt notice that Owner as paid the required Impact fees, If any,
4. The City and Developer cknowledge that the con ltIons contained herein are reasonable
conditions to Impos on the land under Iowa Co e 5414.5 (1993) and are appropriate
conditions require to satisfy public needs dire Iy caused the the rezoning of.thls
property.
5. Developer ac nowledges that In the event the su Ject property Is transferred, sold,
redevelope , or subdivided, all redevelopment wll conform with the terms of this
Agreeme .
6. The CI and Developer acknowledge that this Amend Conditional Zoning Agreement
shall e deemed to be a covenant running with the land and wllh the title to the land and
shal remain In full force and effect as a covenant runnln with the title to the land, unless
or nlll released of record by the City. The City and Dev oper further acknowledge that
~, s Agreement shall Inure to the benefit of and bind all s cessors, representatives and
rSlgnS of the City and Developer.
7. Nothing In this Agreement shall be construed to relieve the Developer from complying
with all applicable local, state and federal regulations.
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8. Nothing In this Amended Conditional Zoning Agreement In any way alters, amends or
modifies the original Conditional Zoning Agreement except as set forth above.
9. The City and Developer agree that Developer shall record this Amended Conditional
Zoning Agreement In the Johnson County Recorder's Office.
Dated this _ day of , 1993.
"."
CITY OF IOWA CITY
By
By
Lowell Swartz, President
By
Gary Watts, Senior Vice Pres.
Approved by:
STATE OF IOWA )
)ss:
JOHNSON COUNTY )
On this , 19 , before me,
, a Notary Public In a for1he State of Iowa, personally appeared
Darrel G. Courtney and arlan K. Karr, to me pers nally known, and, who, being by me duly
sworn, did say that the are the Mayor and City Clerk, espectlvely, of the City of Iowa City, Iowa;
that the seal affixed t the foregoing Instrument Is the orporate seal of the corporation, and that
the Instrument wa signed and sealed on behalf of he corporation, by authority of Its City
Council, as con ned In (Ordinance) (Resolution) N passed (the Resolution
adopted) by t City Council, under Roll Call No, of the City Council on the
yof ,19_, a d that Darrel G. Courtney and Marian
K. Karr ack wledged the execution of the Instrument to e their voluntary act and deed and the
voluntary ct and deed of the corporation, by It volunterll executed.
Notary Public In nd for the State of Iowa
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STATE OF IOWA )
)ss:
JOHNSON COUNTY )
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On this _ day 01 , 1993, before me, the undersigned, a No ry Public
In and for the State of Iowa, personal appeared Lowell Swartz and Gary Watts, to m personally
known, who being by me duly swo n did say that they are the President an Senior Vice
President, respeellvely, of the corporat n executing the within and foregoing Ins ment, that no
seal has been procured by the corpor lion; that said Instrument was slgne n behalf of the
corporation by authority of lis Board 0 Dlreelors; and that Lowell Swartz nd Gary Watts as
officers acknowledged the execution of tli foregoing Instrument to be the v untary ael and deed
of the corporallon, by It and by them vol tarlly executed.
otary Public In and f the State of Iowa
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EXHIBIT A
All that part of the E Y, of Sec. 18, Twp. 79 N., R. 5 West of the 5th P,M.
lying north of the Muscatine ad, except the North 60 acres of th~NE Yo of
said Sec, 18, Twp. 79 N., R. 5 West of the 5th P.M., except:
Commencing at the concrete onument marking the southwest c9 ner of the
SE Yo of Sec. 18, Twp. 79 ., R, 5 West of the 5th P,M.; t llOce on an
assumed bearing of Noo09'3 " West 2408.4 feet to the ce erline of the
American Legion Road and the ace of beginning; thence Nort 1886.06 feet;
thence East 520.0 feet; thence South 300.0 feet; thence est 115.0 feet;
thence South 300.0 feet; thenc East 75,0 feet; thence S uth 2047'0" East
921.87 feet; thence South 67 25'30" East 257.94 eet; thence South
22034'30" West 538.94 feet to e centerline of the erican Legion Road;
thence North 67024'20" West 6 2.26 feet to the ace of beginning, and
containing 23.8 acres, more or les and except:
Commencing at the NE corner of Sec 18, 'i79N, . 5W of the 5th P.M.; thence
SOOOO'30" E, 3165.25 feet along th east Ii of said Section to the point of
beginning; thence SOOOO'30"E, 808. 1 fee long the east line of said Section
to the centerline of American Legion R ad; ence N67024'20"W, 808,21 feet
along the centerline of American Legio oad; thence N22035'40"E, 538.98
feet; thence N89059'30"E, 538,98 f t to the point of beginning,' said tract
containing 10.00 acres more or les a except:
Commencing as a point Of~ rfer ce at t e NE corner of Lot 29, Part 1 of Far
Horizons Subdivision and Se . 18, Twp 79N" R5 West of the 5th P.M"
Johnson County, Iowa; the e North 890 7'00" East 881.71 feet to a point
lfor purposes of this de~cr' tion, the Nort line of said Lot 29 is assumed to
bear due East); thence outh 103'00" E st 676,10 feet to the point of
beginning of tract her' described; thence continuing South 103'00" East
441.00 feet to a poin , thence South 88057' 0" West 292.00 feet to a point;
thence North 103'0 "West 150,00 feet to a oint; thence North 31 050'22"
East 178.63 feet t a point; thence North 103' 0" West 61 ,00 feet to a point;
thence North 28 18'28" East 91. 79 feet to a pint; thence N88057'00" East
150,00 feet to he point of beginning and cont ining 2.4 acres more or less,
and except:
Commenc' g as a point of reference at the NE cor er of Sec. 18, Twp, 79N.,
Range 5 est of the Fifth Principal Meridian, John on County, Iowa; thence
South 000'30" East 1,469.72 feet along the st line of the Northeast
quart of said Section 18 to a point of beginning of t ct herein described lthis
is an ssumed bearing for purposes of this descriptio bearing for purposes of
this llescription only); thence South 89057'00" West 166,00 feet to a point;
the ce North 0000'30" West 188,00 feet to a point; th nce South 89057'00"
West 159.00 feet to e point; thence South 0000'30" ast 364.09 feet to a
point; thence North 89057'00" East 325.00 feet to a poi of intersection with
the East line of the Northeast quarter of said Sectio 18; thence North
0000'30" West 176.09 feet along the East line of the North ast quarter of said
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Section 18 to point of beginning and containing 2.0 acres, more or less, and
except: .
Commencing as a point of reference at the Northeast corner of Sec. 18, in
Twp. 79N, R. 5 West of the 5th P.M.. thence SOOOO'30" east 1281.72 feet
along the East line of the NE Yof said Sec. 18, to a point (this is an assumed
bearing for purposes of tri escription onlyl, thence South 89057'OO"~est
33,00 feet to a point of inte ection with the Westerly right-of-way line 0 the
County Road and point of begl ning of tract herein described thence~onf uing
South 89057'00" West 133.0 feet to a point, thence South 0000' "East
188.00 feet to point; thence N th 89057'00" East 133.00 feet to point of
intersection with the Westerly ri ht-of-way line of said County ad; thence
North 0000'30" West Part of the NE y. of Sec. 18, Twp, 79 ,R. 5 West of
the 5th P.M., described as follow .
Commencing as a point of referenc at the NE corner of aid Sec. 18, thence
SOOOO'30" East, 1146.72 feet alan theeastlineoft NE Y. of said Sec. 18
to a point (this is an assumed bearin for purpose of this description only);
thence S89057'OO" West 33 feet to point of i rsection with the Westerly
right-of-way line of the County Road nd poi of beginning of tract herein
described; thence continuing South 89 57' "West 292,00 feet to a point,
thence South 0000'30" East 135 feet to int, thence North 89057'00" East
292.00 feet to a point of intersection wit he westerly right-of-way line of said
County Road, thence north 0000'30" t 135.00 feet along the Westerly
right-of-way line of said County Ro to oint of beginning, and containing
0,90 acres, more or less, and exc t:
Commencing at the NE corne of Sec. 18, 79 N., R5 W of the 5th P.M.,
thence SOOOO'30" E 991.72 eet along the Ea line of said section to the point
of beginning, (the previou course and distanc being a retrace of the survey
recorded in plat book 6 page 32, Plat Recor s of Johnson County, Iowa;
thence from the said point of beginning, S 057' W 325 feet; thence
SOOO'30"E, 155 fee, thence N89057'E. 325 eet to the East line of said
Section 18, thence 0000'30"W, along said Easlline of Section 18, 155 feet
to the point of be Inning. Said tract containing 1. 5 acres more or less,
Excepting ther from the following described real e ate, to.wit:
Commenci as a point of reference at the Northea t Corner of Section 18,
Township 9 North, Range 5 West of the 5th P.M" ohnson County, Iowa;
Thence outh 00000'30" East 991.72 feet along the asterly line of the NE
Quarte of said Section 18 to a point (this is an assume bearing for purposes
of thi description only); Thence South 89057'00" We t 1,230.94 feet to a
Poi ; Thence South 01003'00" East 676,10 feet to t e NE Corner of the
pr erty recorded in Plat Book 10, Page 35 at the Johnso County Recorder's
Office, Johnson County, Iowa; Thence S88057'00" West 150.00 feet along
the Northerly line of said property to the Point of Beginni ; Thence South
28018'28" West 91.79 feet along the Westerly line of said Pr perty to a Point;
Thence South 01003'00" East 61.00 feet along the West (,Iy line of said
Property to a Point; Thence South 31050'22" West 178.63 le,et along the
t t7(o
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Westerly line of said Property to a point; Thence South 01 018'08' East 150.07
feet along the Westerly line of said Property to the Southwest Corner of said
Property; Thence South 37027'10 West 96.06 feet to a point; Thence South
00001'50' East 1, 134.59 feet to a point of intersection with the Cen erline of
American Legion Road; Thence North 67027'14" West 54.15 feet ong said
Centerline to a point; The ce North 00001'50' West 1,452.03 fee to a point;
Thence South 89049'2 ' West 194.84 feet to a point; T nce North
01003'00" West 500.2 feetlo a point; Thence North 90000'0 East 440.01
feet to a Point; Thence uth Thence South 01003'00" Eas 16.02 feet to
the Point of Beginning. su ject to easements and restrictio of record.
The area of this described p rcel is 7.04 acres more or I ss.
Parcels 'B" and 'C" as descrio d and depicted on the urvey recorded in Book
30, Page 48, Plat Records of J nson County, low ,and as more particularly
described as follows:
Beginning at the Southeast Corner f th Southeast Quarter of Section 7,
Township 79 North, Range 5 West of 5th, Principal Meridian, and for the
purpose of this Legal Description, the rth Line of said Southeast Quarter of
Section 7 is assumed to bear N9D 0 'OO"E. in accordance with Existing
Surveys of Record; Thence SOOo 17, 58"E. along the East Line of the Northeast
Quarter of the Northeast Quarter Fractio al Section 18, Township 79 North,
Range 5 West of the 5th. P. Incipal Me dian, 991.72 feet, a Recorded
Dimension, to the Line of the isting Fence; hence S89041'12'W, along the
Line of the E~isting Fence, 867.64 feet, to a Point which is 244.09 feet,
N89041'12"E, of the Nort east Corner of Lot 9 of the Replat of Part One of
Far Horizons Subdivisio , as Recorded in Plat ook 9, at Page 33, of the
Records of the Johnso County Recorder's Off e; Thence NOO"29'08'W,
along a Line parallel~' h the West Line of said Sou heast Quarter of Fractional
Section 7.1886,95 eet; Thence N90000'00"E, al g a Line Parallel with the
North Line of said utheast Quarter of Section 7, 1 63.54 feet, to a Point on
the East Line of id Southeast Quarter of Section Thence SOo057'49"E,
885.09 feet, to e Point of Beginning. Said tract of Ian contains 80,71 acres,
more or less, a d is subject to easements and restricti ns of record.
PARCEL "C"
Beginning t a VI-inch Iron Pin found at the Northwest Cor r of the Southeast
Quarter, f Fractional Section 7, Township 79 North, Range 5 West of the 5th,
Principa Meridian; Thence N90000'OO"E, (a Recorded Bea iog) 711.89 feet
along t1 North Line of said Southeast Quarter of Fractional S ction 7, to a 5/8-
inch Ir 'Pin found at the Northwest Corner of the Parcel, the urvey of which
is Reco ed in Plat Book 15, at Page 53, of the Records of the hnson County
Recorder's Office: Thence SOooOO'20"W, 326.03 feet, to e Southwest
Corner of said Surveyed Parcel; Thence SOOo 29'08"E, along a Lin Parallel with
the West Line of said Southeest Quarter of Section 7, 3308,69 eet; Thence
S139041'12"W, 244.09 feet, to the Northwest Corner of Lot 29, 0 the Replat
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of Part One of Far Horizons Subdivision, s Recorded in Plat Book 9, at Page
33, of the Records of the Johnson ounty Recorder's Office; Thence
S89042'53" W, along the North Line of s d Far Horizons Subdivision, 520.00
feet, to a 5/8-inch Iron Pin found at the N rthwest Corner of Lot 1 of said Far
Horizons Subdivision: Thence NOo045'3 "W, along the LIne of the Existing
Fence 1043.05 feet, to a Standard Con rete Monument found at the South-
west Corner of said Southeast Quarter f Section 7; Thence N00029'08"W,
2595,66 feet, to the Point of Beginnin , Said tract of land contains 64.16
acres, more or less, a is subject to e sements and restrictions of record,
Excepting therefrom the following des ribed real estate, to-wit:
Commencing as a point 0 reference at the Northeast Corner of Section 18,
Township 79 North, Rang 5 West f the 5th P.M" Johnson County, Iowa;
Thence SOOOOO'OO"E 991. feet a ng the Easterly line of the NE Quarter of
said Section 18 to a point (t is is n assumed bearing for purposes of this
description only); thence South 90 7'OO"W 1,230.94 feet to a Point; Thence
South 01 003'OO"E 676.10 fee to he NE Corner of the property recorded in
, Plat Book 10, Page 35 at the J nson County Recorder's Office, Johnson
County, Iowa; Thence S88057'O 'W 150.00 feet along the Northerly line of
said property; Thence South 280 8 28"W 91.79 feet along the Westerly line
of said Property to a Point; Thenc SO 003'OO"E 61.00 feet along the Westerly
line of said Property to a Point; 'Ii ence South 31 050'22"W 178.63 feet along
the Westerly line of said Pro pert toa POI t; Thence South 01 01S'08"E 150,07
feet along the Westerly line of aid Prop y to the Southwest Corner of said
Property; Thence South 370 '10"W 9 06 feet to a Point; Thence South
00001'50"E 1,134,59 feet t a' Point of i tersection with the Centerline of
American Legion Road to t e Point of Be inning; Thence N67027'14"W,
162.45 feet along said Center ine; Thence NOO 0I'50"W. 857.35 feet; Thence
N60017'56"E, 55.00 feet; Thence NOooOl O"W, 275.00 feet; Thence
N60017'56"E, 117.63 feet; Thence SOoo01'50 'E, 1,280.17 feet to the Point
of Beginning. Said tract 0 land containing 3.8 acres, more or less, and is
subject to easements and estrictions of record,
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ORDINANCE NO. 93-3591
ORDINANCE AMENDING CHAPTER 32.1.
ARTICLE IV. SCHEDULE OF FEES OF THE
CODE OF ORDINANCES OF IOWA CITY.
IOWA. BY AMENDING SECTION 32.1.63,
PARKING FEES AND CHARGES AUTHORIZED
IN CHAPTER 23.
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NOW, THEREFORE, BE IT ORDAINED BY THE
CITY COUNCIL OF THE CITY OF IOWA CITY.
IOWA:
SECTION I. Chapter 32.1. Article IV, of the
Iowa City Code of Ordinances, shall be and Is
hereby emended by Inclusion of the following
fees In Section 23-279:,
Sec. 23.279, Penelties for Parking
Violations
Ten days after Issue, overtime end
expired meter ticket fees shall Increase to
$5.00.
Thirty days aher Issue. all Illegal
parking fees, except handicapped, shall
increase to $10.00.
SECTION II. REPEALER. All ordinances and
parts of ordinances In conflict with the
provisions of this Ordinance are hereby
repealed.
SECTION III. SEVERABILITY. If any section,
provision or pert of the Ordinance shall be
adjudged to be Invalid or unconstitutional, such
adjudication shall not affect the validity of the
Ordinance es a whole or any section, provision
or part thereof not adjudged Invalid or
unconstitutional.
SECTION IV. EFFECTIVE DATE. This
Ordinance sball be In effect eher Its final
passage, approval and publication, as provided
by lew.
Passed and approved this' 28th day of
Bet b ;19 -
.ATTEST:~.f ~~
CITY CL K
I,
Appro ed,by ~ ~
Attorney's Office ., / t/9~
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It was movad by McDonald and seconded by Ambrisco
as read ba adopted, end upon roll call there wara:
that the Ordinance
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AYES: NAYS: ABSENT:
x Ambrisco
x Courtney
J{ Horowitz
- Kubby
-L-
-L- McDoneld
...lL- Novick
-L. Pigott
First Consideration 9/14/93
Vote for passage: AYES: McDonsld, Novick, Pigott, Ambrisco,
Courtney, 1I0r01~itz, Kubby.
Second Consideration
Vote for passage:
---------------------
.
Data publlshad
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Moved by McDonald, seconded by Ambrisco, that the rule requiring
ordinances to be considered and voted on for passage at two Council
meetings prior to the meeting at l~hich it is to be finally passed be
suspended, the second consideration and vote be waived and the ordin-
ance be voted upon for, final passage at this time. AYES: Courtney,
Horowitz, HcDonald, Novick, Pigott, Ambrisco. NAYS: Kubby. ABSENT:
None.
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