HomeMy WebLinkAbout1993-10-26 Ordinance
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AFFIDAVIT
STATE OF IOWA )
) ss:
COUNTY OF JOHNSON )
I, Marian K, Karr, depose and state as follows:
1. I am the City Clerk of the City of Iowa City, Iowa, As a Council-appointed recording and
record-keeping officer of the City, I exercise all the powers and perform all the duties
provided or prescribed by State law, the City Charter and the Municipal Code, including
filing and safe-keeping of Council Meeting Minutes, Resolutions, Ordinances, and other
official documents,
2, On October 26, 1993, the City Council of the City of Iowa City passed Ordinance No,
93-3593 amending Ordinance No: 93-3565 and the accompanying Conditional Zoning
Agreement for approximately 240 acres known as Windsor Ridge, located east of Scott
3,
Park, South of Lower West Branch Road and North of American Legion Road,
Ordinance 93-3593 was originally recorded in Book 1644, Page 103 of the Johnson
County Recorder's Office on October 29, 1993, and subsequently rerecorded in Book
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1648, Page 190 of the Johnson County Recorder's Office on November 4, 1994,
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4, Th3 Ordinance and accompanying Amended Conditional Zoning Agreement both
contain an error with regard to the length of time during which the School District must
use the parcel of land subject to the required covenant One reference states that the
School District must apply for a BUilding Permit In 12 years while the other two
references allow thirteen (13) years and six (6) months,
5, The official Description of Council Activities regarding this matter establish that the
Owner originally proposed twelve (12) years, The parties later agreed that the time
';: ,1766 PAGE 243
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frame for the School District's use of the property should be thirteen (13) years and six
(6) months, ;
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6. The City changed two references in the Ordinance and Amended Conditional Zoning ,
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Agreement to thirteen (13) years and six (6) months but inadvertently failed to change !' ;
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the third reference from twelve (12) years to thirteen (13) years and six (6) months, ' I I
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7, All time references in both the Ordinance and the Amended Conditional Zoning I "
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Agreement should read thirteen (13) years and six (6) months. The second paragraph I
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of Section 4.c, in both the Ordinance and the Amended Conditional Zoning Agreement J II
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should, therefore, read as follows: I
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If the Iowa City Community School District decides to use the site and applies Ii
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for a Building Pennit to build a school on the designated parcel within thirteen I'
(13) years and six (6) months from the date the parties execute this Amended d II.
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Conditional Zoning Agreement, Owner shall convey the site to the School I,
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District. If the School District has not applied for a Building Pennit within thirteen '\j'4
(13) years and six (6) months from the date the parties execute this Amended I ' (,r
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Conditional Zoning Agreement, the covenant will expire and the use of the parcel I.'
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shall revert to the Owner, At that time, the City will execute a release of the ! ,;; .
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covenant so that the covenant will not constitute a lien and cloud on the title to .'Ij
the parcel. That release will be recorded in the Johnson County Recorder's ,I
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Office at Owner's expense, "
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DATED this.lL day of -%JAot-V ,1994,
CORPORATE SEAL "h1~A'.u,...J 4(, oI!o",,) ,
Marian K. Karr, Clerk of the City of
Iowa City, Iowa
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On this .!fti.. day of J k'l.( , 1994, before me, the undersigned a Notary Public
in and for the State of Iowa, personally appeared Marian K, Karr, to me personally known,
Being duly sworn, they did state that she is the City Clerk of the City of Iowa City, Iowa; a
municipal corporation; that the seal affixed to the foregoing Instrument Is the corporate seal of
the corporation, ,and that the instrument was signed and sealed on behalf of the corporation
and Marian K, Karr acknowledged the execution of the Instrument to be her voluntary act and
deed and the VOluntary act and deed of the corporation, by it voluntarily executed,
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1'101 ~R\~L SE~L
~ae \:'""17lt!l2
Notary Public of the State of Iowa
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ORDINANCE NO, 93-3593
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 SC01T PARK, SOUTH OF
LOWER WEST BRANCH ROAD, AND
NORTH OF AMERICAN LEGION ROAD,
WHEREAS, on March 3D, 1993, the City
Council approved Ordinance No, 93-3565
(hereinafter "Ordinance"), rezoning an
approximately 240 acre tract, located east of
Scott Park, south of Lower West Branch
Road and north of American Legion Road,
from the Johnson County designation of RS,
Suburban Residential, to RS'5, Low Density
Slngle'Family Residential; and
WHEREAS, said Ordinance authorized
execution of a Conditional Zoning
Agreement between the City of Iowa City
and Windsor Ridge Development Co.
("Developer"), which Agreement limited
development of the subject property; and
WHEREAS, Condition 4,c, set forth In the
Conditional Zoning Agreement, and
recorded on April 5, 1993, In Book 1521,
Page 54 of the Johnson County Recorder's
Office, provides: "rhe Owner shall convey a
minimum of 13 acres to the Iowa City
Community School District for use as a,
public school site, the location of which shall
be negotiated with the City and the School
District"; and
WHEREAS, several issues arose regarding
the Interpretation of Condition 4,c,
warranting clarification of the conditions for
the transfer of approximately t 3 acres o(
property to the School District, Including the
timing, location, possession, and
remuneration; and
WHEReAS, the Planning and Zoning
Commission recommended approval of the
proposed amendment to Section 4,c, of the
Conditional Zoning Agreement between the
City and the Developer; and
WHEREAS, the City and Developer now
wish to amend 10 original Ordinance and
Conditional Zoning Agreement to clarify
Condition 4,c, and to set forth the conditions
for the transfer of property from the
Developer to the School District, which
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Ordinance No, 93-3593
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
accompanying Conditional Zoning
Agreement are amended by deleting Section
4,c, of the Agreement In Its entirety and
adopting, In lieu thereof, the following:
c, Owner shall covenant with the City to
reserve a minimum of thirteen acres to
be used for construction of a public
school. Owner, the City and the Iowa
City Community School District shall
negotiate the location of the parcel for
the potential school site, The location
shall be either In Outlot 0 or Outlot L
as designated In the Preliminary Plat
or In the unplatted area north of Court
Street, all within the original 240 acre
annexation tract. Owner will retain
possession of the parcel until the
parc,el may be conveyed to the Iowa
City Community School 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 to build a
school on the designated parcel within
twelve (12) years from the date the
parties execute this Amended
Conditional Zoning Agreement, Owner
shall convey the, site to the School
District. II the School District has not
applied for a Building Permit within
thirteen (13) years and six (6) months
from the date the parties execute this
Amended Conditional Zoning
Agreement, the 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
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Ordinance No, 93-3593
Page 3
parcel, That release will be recorded
In the Johnson County Recorder's
Office at Owner's expense,
If during the time period the
covenant Is In effect, the City enacts
an Ordinance requiring the payment of
a School Impact Fee as part of the
Final Plat approval process, Owner will
pay the required fees for .those
Windsor Ridge Subdivision Parts which
have not yet received Final Plat
approval. No Impact fees shall be
paid for those Windsor Ridge
Subdivision Parts which have already
received Final Plat approval at the time
of the enactment of the Impact fee
ordinance, However, If the School
District uses the site to construct a
school and accepts conveyance of the
site, the City and/or the School District
wlil rebate to the Owner all fees
previously paid and Owner shall not
be required to pay any additional
Impact fees for Windsor Ridge
Subdivision Parts which may
subsequently be submitted for final
plat approval. If at any time during the
thirteen (13) years and six (6) months
following execution of this Amended
'Conditional Zoning Agreement, the
School District determines that the
reserved site will not be used for a
public school, the School District will
nollfy the City and Owner, and the City
will execute a release of the covenant
upon receipt of written notice that
Owner has paid the required Impact
fees, If any.
The Ordinance and Amended Conditional
Zoning Agreement, after adoption, shall be
recorded In the Johnson County Recorder's
Office at Owner's expense,
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 part of the Ordinance shall be
adjudged to be Invalid or unconstitutional,
such adjudication shall not affect the validity
of the Ordinance as a whole or any section,
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Ordinance No, 93-3593
Page 4
provision or part thereof not adjudged Invalid
or unconstitutional,
SECTION IV, EFFECTIVE DATE, this
' Ordinance shall be In effect alter Its final
passage, approval and publication, as
provided by law,
Passed and approved thls~ day of
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MAYOR ' ~
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A1TEST: 7JJtl~ ~ .J:{w
, CITY-mRK
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Approved by
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It was moved by Horowitz and seconded by
as read be adopted, and upon roll call there were:
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Novick
that the Ordinance
AYES:
NAYS:
ABSENT:
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Ambrisco
Courtney
Horowitz
Kubby
McDonald
Novick
Pigott
First Consideration 9/28/93
Vote for passage: AYES: Pigott, Ambrisco, Courtney, Horowitz,
Kubby, McDonald, Novick. NAYS: None, ABSENT: None,
Second Consideration to/12/93
Vote for passage: AYES: I1cDonald, Novick, Pigott,Courtney,
Horowitz, Kubby. NAYS: None. ABSENT: Ambrisco,
Date published 11/3/93
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AMENDED CONDITIONAL ZONING AGREEMENT
This Agreement Is made by and between the City of Iowa CIIy, 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 hereto; and
WHEREAS, on March 3D, 1993, the City Council of Iowa City approved Ordinance No, 93-3565
(hereInafter "Ordinance") rezoning the approximately 240 acre tract of property, known as
Windsor Ridge, from the Johnson County designation of RS, Suburban Residential, to RS-5, low
Density Single-Family Residential; and
WHEREAS, said Ordinance authorized execution of a Conditional Zoning Agreement between the
CIIy and the Developer which limited development of the property; and
WHEREAS, said Ordinance and Agreement were recorded on April 5, 1993, In Book 1521, Page
54 of the Johnson County Recorder's Office; and
WHEREAS, Condition 4,c, set forth In the Agreement provides: 'The Owner shall convey a
minimum of 13 acres to the iowa City Community School District for use as a public school site,
the location of which shall be negotiated with the City and the School District"; and
WHEREAS, the City and Developer now wish to amend the Conditional Zoning Agreement to
clarify Condition 4.c, and to set forth the conditions for the transfer of property from the
Developer to the School District.
NOW, THEREFORE, THE CITY AND DEVELOPER AGREE AS FOllOWS:
1, The Cily and Developer acknowledge that several Issues arose regarding the
Interpretation of Condition 4,c. of the original Conditional Zoning Agreement warranting
clarification of the conditions for the transfer of approximately 13 acres of property to the
School District, Including the timing, location, possession, and remuneration,
2, The City and Developer now wish to amend the original Conditional Zoning Agreement
for Windsor Ridge In order to clarify Condition 4.c. and to set forth the conditions for the
transfer of property for a school site,
3, The original Conditional Zoning Agreement dated February 23, 1993, and recorded in
Book 1521, Page 54 of the Johnson County Recorder's OHlce shall be and Is hereby
amended by deleting Section 4,c, of said Agreement In Its entirety and Inserting, In lieu
thereof, the following:
c,
Owner shall covenant with the City to reserve a minimum of thirteen acres to be
used for construction of a public school, Owner, the City and the Iowa Cily
Community School District shall negotiate the location of the parcel for the
potential school site, The location shall be either In Outlot 0 or Outlot l as
designated In the Preliminary Plat or In the unplatted area north of Court Street,
all within the original 240 acre annexation tract. Owner will retain possession or
the parcel until the parcel may be conveyed to the Iowa City Community School
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
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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 to build a school on the designated parcel within twelve (12)
years from the date the parties execute this Amended Conditional Zoning
Agreement, Owner shall convey the site to the School District. If the School
District has not applied for a Building Permit within thirteen (13) years and six (6)
months from the date the parties execute the Amended Conditional Zoning
Agreement, the 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
release will be recorded In the Johnson County Recorder's Office at Owner's
expense,
If during the time period the covenant Is In effect the City enacts an Ordinance
requiring the payment of a School Impact Fee as part of the Final Plat approval
process, Owner will pay the required fees for those Windsor Ridge Subdivision
Parts which have not yet received final plat approval. No Impact fees shall be
paid for those Windsor Ridge Subdivision Parts which have already received Final
Plat approval at the time of the enactment of the Impact fee ordinance, However,
If the School District uses the site to construct a school and accepts conveyance
of the site, the City and/or the School District will rebate to the owner all fees
previously paid and Owner shall not be required to pay any additional Impact fees
for Windsor Ridge Subdivision Parts which may subsequently be submitted for
final plat approval, If at any time during the thirteen (13) years and six (6) months
following execution of this Amended Conditional Zoning Agreement, the School
District determines that the reserved site will not be used for a public school, the
School District will notify the City and Owner, and the City will execute a release
of the covenant upon receipt of written notice that Owner has paid the required
Impact fees, If any.
4,
The City and Developer acknowledge that the conditions contained herein are reasonable
conditions to impose on the land under Iowa Code ~414,5 (1993) and are appropriate
conditions required to satisfy public needs directly caused the the rezoning of this
property,
5,
Developer acknowledges that In the event the subject property Is transferred, sold,
redeveloped, or subdivided, all redevelopment will conform with the terms of this
Agreement.
6,
The City and Developer acknowledge that this Amended ,Conditional Zoning Agreement
shall be deemed to be a covenant running with the land and with the title to the land and
shall remain In full force and effect as a covenant running with the title to the land, unless
or until released of record by the City, The City and Developer further acknowledge that
this Agreement shall Inure to the benefit of and bind all successors, representatives and
assigns of the City and Developer.
Nothing In this Agreement shall be construed to relieve the Developer from complying
with all applicable local, state and federal regulations,
7,
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6, 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 I riy Of~, 1993.
WINDSOR RIDGE DEVELOPMENT CO,
CITY OF IOWA CITY
By
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Marl K. Karr, City Clerk
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STATE OF IOWA )
)ss:
JOHNSON COUNTY )
On this N. t.L day of D<~" b~.. , 19~, before me, ~
_~..k , a Notary Public In and for the State of Iowa, personally appeared
Darrel G, Courtney and Marian K. Karr, to me personally known, and, who, being by me duly
sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa;
that the seal affixed to the foregoing Instrument Is the corporate seal of the corporation, and that
the Instrument was signed and sealed on behalf of the corporation, by authority of Its City
Council, as contained In (Ordinance) (Resolutlen) No, Q3-.3S n passed (the Resolution
adopted) by the City Council, under Roll Call No, -......-....... of the City Council on the
l.l.-&. day of O<.toh.. , 19.!L., and that Darrel G, Courtney and Marian
K, Karr acknowledged the execution of the Instrument to be their voluntary act and deed and the
voluntary act and deed of the corporation, by It voluntarily executed, _____
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Notary Public In and for the State of Iowa
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STATE OF IOWA )
)ss:
JOHNSON COUNTY )
On this IS" day of ,t ~ -7';' ~~ ,1993, before me, the undersigned, a Notary Public
In and for the State ci~;~nally appeared Lowell Swartz and Gary Walts, to me personally
known, who being by me duly sworn did say that they are the President and Senior Vice
President, respectively, of the corporation executing the within and foregoing Instrument, that no
seal has been procured by the corporatlQn; that said Instrument was signed on behalf of the
corporation by authority of Its Board of Directors; and that Lowell Swartz and ary Walts as
officers acknowledged the execution of the foregoing Instrument to be the volunta act and deed
of the corporation, by It and by them voluntarily executed.
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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 Road, except the North 60 acres of the NE % of
said Sec, 18, Twp, 79 N" R. 5 West of the 5th P,M" except:
Commencing at the concrete monument marking the southwest corner of the
SE % of Sec. 18, Twp, 79N., R, 5 West of the 5th P.M,; thence on an
assumed bearing of N0009'30" West 2408,4 feet to the centerline of the
American Legion Road and the place of beginning; thence North 1886,06 feet;
thence East 520,0 feet; thence South 300,0 feet; thence West 115.0 feet;
thence South 300.0 feet; thence East 75.0 feet; thence.South 2047'0" East
921.87 feet; thence South 67025'30" East 257,94 feet; thence South
22034'30' West 538.94 feet to the centerline of the American Legion Road;
thence North 67024/20" West 602,26 feet to the place of beginning, and
containing 23,8 acres, more or less and except:
Commencing at the NE corner of Sec, 18, T79N, R, 5W of the 5th P.M,; thence
50000'30" E, 3165,25 feet along the east line of said Section to the point of
beginning; thence SOOOO'30"E, 808,21 feet along the east line of said Section
to the centerline of American Legion Road; thence N67024'20"W, 808,21 feet
along the centerline of American Legion Road; thence N22035'40"E, 538,98
feet; thence N89059'30"E, 538,98 feet to the point of beginning, said tract
containing 10.00 acres more or less, and except:
Commencing as a point of reference at the NE corner of Lot 29, Part 1 of Far
Horizons Subdivision and Sec, 18, Twp, 79N" R5 West of the 5th P,M.,
Johnson County, Iowa; thence North 89057'00" East 881,71 feet to a point
(for purposes of this description, the North line of said Lot 29 is assumed to
bear due East); thence South 103'00' East 676,10 feet to the point of
beginning of tract herein described; thence continuing South 103'00" East
441,00 feet to a point; thence South 88057'00' West 292,00 feet to a point;
thence North 1 03/00" West 150,00 feet to a point; thence North 31050'22"
East 178.63 feet to a point; thence North 1 03'00" West 61,00 feet to a point;
thence North 28018'28" East 91,79 feet to a point; thence N88057'OO" East
150.00 feet to the point of beginning and containing 2.4 acres more or less,
and except:
Commencing as a point of reference at the NE corner of Sec, 18, Twp, 79N"
'Range 5 West of the Fifth Principal Meridian, Johnson County, Iowa; thence
South 50000/30" East 1,469,72 feet along the East line of the Northeast
quarter of said Section 18 to a point of beginning of tract herein described (this
is an assumed bearing for purposes of this description bearing for purposes of
this description only); thence South 89057'00' West 166,00 feet to a point;
thence North 0000'30" West 188.00 feet to a point; thence South 89057/00'
West 159,00 feet to a point; thence South 0000/30" East 364,09 feet to a
point; thence North 89057'00" East 325,00 feet to a point of intersection with
the East line of the Northeast quarter of said Section 18; thence North
0000'30' West 176,09 feet along the East line of the Northeast 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 See, 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 l4 of said See, 18, to a point (this is an assumed
bearing for purposes of this description only), thence South 89057'00" West
33,00 feet to a point of intersection with the Westerly right-of-way line of the
County Road and point of beginning of tract herein described thence continuing
South 89057'00" West 133,00 feet to a point, thence South 0000'30" East
'188,00 feet to point; thence North 89057'00" East 133,00 feet to a point of
intersection with the Westerly right-of,way line of said County Road; thence
North 0000'30" West Part of the NE l4 of Sec. 18, Twp, 79N, R, 5 West of
the 5th P,M" described as follows:
Commencing as a point of reference at the NE corner of said Sec. 18, thence
SOOOO'30" East, 1146,72 feet along the east line of the NE l4 of said See, 18
to a point (this is an assumed bearing for purposes of this description only);
thence S89057'OO" West 33 feet to a point of intersection with the Westerly
right-of-way line of the County Road and point of beginning of tract herein
described; thence continuing South 89057'00" West 292,00 feet to a point,
thence South 0000'30" East 135 feet to a point, thence North 89057'00" East
292,00 feet to a point of intersection with the westerly right,of-way line of said
County Road, thence north 0000'30" West 135,00 feet along the Westerly
right-of-way line of said County Road to point of beginning, and containing
0,90 acres, more or less, and except:
Commencing at the NE corner of Sec. 18, T79 N" R5 W of the 5th P.M"
thence SooOO'30" E 991,72 feet along the East line of said section to the point
of beginning, (the previous course and distance being a retrace of the survey
recorded in plat book 6, page 32, Plat Records of Johnson County, Iowa;
thence from the said point of beginning, S89057' W 325 feet; thence
SOOO'30"e, 155 feet, thence N89057'E, 325 feet to the East line of said
Section 18, thence NOOOO'30"W, along said East line of Section 18,155 feet
to the point of beginning, Said tract containing 1.15 acres more or less,
Excepting therefrom the following described real estate, to-wit:
Commencing as a point of reference at the Northeast Corner of Section 18,
Township 79 North, Range 5 West of the 5th P,M" Johnson County, Iowa;
Thence South 00000'30" East 991,72 feet along the Easterly line of the NE
Quarter of said Section 18 to a point (this is an assumed bearing for purposes
of this description only); Thence South 89057'00" West 1,230,94 feet to a
Point; Thence South 01003'00" East 676,10 feet to the NE Corner of the
property recorded in Plat Book 10, Page 35 at the Johnson County Recorder's
Office, Johnson County, Iowa; Thence S88057'OO" West 150,00 feet along
the Northerly line of said property to the Point of Beginning; Thence South
28018'28" West 91,79 feet along the Westerly line of said Property to a Point;
Thence South 01003'00" East 61,00 feet along the Westerly line of said
Property to a Point; Thence South 31050'22" West 178,63 feet along the
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Westerly line of said Property to a point: Thence South 0 1 0 18 '08" East 150,07
feet along the Wasterly line of said Property to tho 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 Centerline of
American Legion Road; Thence North 67027'14" West 54,15 feet along said
, Centerline to a point: Thence North 00001'50" West 1.452,03 feet to a point;
Thence South 89049'29" West 194,84 feet to a point; Thence North
01003'00" West 500.29 feet to a point: Thence North 90000'00" East 440,01
feet to a Point; Thence South Thence South 01 003'00" East 316.02 feet to
the Point of Beginning, subject to easements and restrictions of record,
The area of this described parcel is 7,04 acres more ,or less,
Parcels "B" and "C' as described and depicted on the survey recorded in Book
30, Page 48, Plat Records of Johnson County, Iowa, and as more particularly
described as follows:
PARCEL "B"
Beginning at the Southeast Corner of the Southeast Quarter of Section 7,
Township 79 North, Range 5 West of the 5th. Principal Meridian, and for the
purpose of this Legal Description, the North Line of said Southeast Quarter of
Section 7 is assumed to bear N90000'OO"E, in accordance with Existing
Surveys of Record: Thence 5000 17'58"E, along the East Line of the Northeast
Quarter of the Northeast Quarter of Fractional Section 18, Township 79 North,
Range 5 West of the 5th, Principal Meridian, 991,72 feet, a Recorded
Dimension, to the Line of the Existing Fence; Thence S89041 '12"W, along the
Line of the Existing Fence, 1867.64 feet, to a Point which is 244,09 feet,
N89041'12"E, of the Northeast Corner of Lot 29 of the Replat of Part One of
Far Horizons Subdivision, as Recorded in Plat Book 9, at Page 33, of the
Records of the Johnson County Recorder's Office; Thence NOO"29'08'W,
along a Line Parallel with the West Line of said Southeast Quarter of Fractional
Section 7, 1886.95 feet: Thence N90.00'00"E, along a Line Parallel with the
North Line of said Southeast Quarter of Section 7, 1863,54 feet, to a Point on
the East Line of said Southeast Quarter of Section 7; Thence SOO.57'49"E,
885,09 feet, to the Point of Beginning, Said tract of land contains 80.71 acres,
more or less, and is subject to easements and restrictions of record,
PARCEL "C"
Beginning at a Y2,inch Iron Pin found at the Northwest Corner of the Southeast
Quarter, of Fractional Section 7, Township 79 North, Range 5 West of the 5th,
Principal Meridian: Thence N90.00'00"E, (a Recorded Bearing) 771.89 feet
along the North Line of said Southeast Quarter of Fractional Section 7, to a 5/8-
inch Iron Pin found at the Northwest Corner of the Parcel, the Survey of which
is Recorded in Plat Book 15, at Page 53, of the Records of the Johnson County
Recorder's Office; Thence SOO.00'20"W, 326,03 feet, to the Southwest
Corner of said Surveyed Parcel; Thence SOO.29'08"E, along a Line Parallel with
the West Line of said Southeast Quarter of Section 7, 3308.69 feet; Thence
S89.41'12"W, 244,09 feet, to the Northwest Corner of Lot 29, of the Replat
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of Part One of Far Horizons Subdivision, as Recorded in Plat Book 9, at Page
33, of the Records of the Johnson County Recorder's Office; Thence
589042'53" W, along the North Line of said Far Horizons Subdivision, 520.00
feet, to a 5/8-inch Iron Pin found at the Northwest Corner of Lot 1 of said Far
Horizons Subdivision; Thence N00045'33"W, along the Line of the Existing
Fence 1043,05 feet, to a Standard Concrete Monument found at the South.
west Corner of said Southeast Quarter of Section 7; Thence NOo029'08"W,
2595,66 feet, to the Point of Beginning, Said tract of land contains 64,16
acres, more or less, and is subject to easements and restrictions of record.
Excepting therefrom the following described real estate, to-wit:
Commencing as a point of ,reference at the Northeast Corner of Section 18,
Township 79 North, Range 5 West of the 5th P,M" Johnson County, Iowa;
Thence SOOOOO'OO"E 991.72 feet along the Easterly line of the NE Quarter of
said Section 18 to a point lthis is an assumed bearing for purposes of this
description only); thence South 89057'OO"W 1,230,94 feet to a Point; Thence
South 01 003'OO"E 676,10 feet to the NE Corner of the property recorded in
Plat Book 10, Page 35 at the Johnson County Recorder's Office, Johnson
County, Iowa; Thence S88057'OO"W 150,00 feet along the Northerly line of
said property; Thence South 28018'28"W 91,79 feet along the Westerly line
of said Property to a Point; Thence 501 003'OO"E 61,00 feet along the Westerly
line of said Property to a Point; Thence South 31 050'22"W 178,63 feet along
the Westerly line of said Property to a Point; Thence South 010 18'08"E 150,07
feet along the Westerly Iina of said Property to the Southwest Corner of said
Property; Thance South 37027'10"W 96,06 faet to a Point; Thence South
00001'50"E 1,134,59 feet to a Point of intersection with the Centerline of
American Legion Road to the Point of Beginning; Thence N67027'14"W,
162.45 feet along said Centerline; ThenceNOOoOl '50"W, 857,35 feet; Thence
N60017'56"E, 55,00 feet; Thence NOooOl '50"W, 275,00 feet; Thence
N600 17'56"E, 117,63 feet; Thence 500001 '50"E, 1 ,280,17 feet to the Point
of Beginning. Said tract of land containing 3,85 acras, more or less, and is
subjact to easements and restrictions of record,
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R..mANIV
AMENDED CONDITIONAL ZONING AGREEMENT
Thl~greementls made by and between the City 01 Iowa City, Iowa, Municipal Corporation
(nerel after '1he City") and Windsor Ridge Development Co, (herein er "Developer"),
West Branc Road and north 01 American Legion Road, know as Windsor Ridge, and legally
described on hlblt A attached hereto; and
WHEREAS, on M rch 30, 1993, the City Council 01 Iowa CJI approved Ordinance No. 93-3565
(hereinafter "Ordln~~e") rezoning the approximately 2 0 acre tract 01 property, known as
Windsor Ridge, Irom the Johnson County designation 01 S, Suburban Residential, to RS'5, Low
Density Single-Family R sldentlal; and
WHEREAS, said Ordinance uthorlzed execution 01 Conditional Zoning Agreement between the
City and the Developer whl limited developme 01 the property; and
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WHEREAS, Condition 4,c, setlort In t Agreement provides: ''The Owner shall convey a
minimum 0/13 acres to the Iowa City munity School District lor use as a public school site,
the location 01 which shall be negotlat with the City and the School District"; and
WHEREAS, the City and Developer ow 'h to amend tha Conditional Zoning Agreement to
clarify Condition 4,c, and to set orth the onditlons lor the transler 01 property Irom the
Developer to tha School District,
NOW, THEREFORE, THE C AND DEVELOPER GREE AS FOLLOWS:
1, The City and Dev loper acknowledge Ih several Issues arose regarding the
Interpretation of C dltlon 4,c, 01 the original C dltlonal Zoning Agreement warranting
clarification 01 the ondltlons lor the transler 01 ap roxlmately 13 acres 01 property to the
School District, eluding the timing, location, poss sSlon, and remuneration,
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2,
The City and eveloper now wish to amend the origin I Conditional Zoning Agreement
lor Windsor Idge In order to clarify Condition 4,c, and t set lorth the conditions lor the
transfer 01 roperty lor a school site,
3,
The O~I al Conditional Zoning Agreement dated February 3, 1993, and recorded In
Book 1 21, Page 54 01 the Johnson County Recorder's Ofllc shall be and Is hereby
amen ed by deleting Section 4,c, 01 said Agreement In Its entlr and Inserting, In lieu
ther I, the following: '
Owner shall covenant with the City to reserve a minimum of th ~en acres to be
used lor construction of a public school, Owner, the City an the Iowa City
Community School District shall negotiate the location 01 the arcel lor the
potential school site, The location shall be either In Outlot 0 or Outlot L as
designated In the Preliminary Plat or In the unplatted area north of Court Street,
all wllhln the original 240 acre annexation tract. Owner will retain possession of
the parcel until the parcel may be conveyed 10 the Iowa City Community School
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District as described herein, The covenant will run with the tiU~ that parcel
which shall be designated a "potential school site" on the FI~a1 Plat of Windsor
Ridge Subdivision. This covenant shall remain In effezcun 'r released of record
by the City as set forth herein,
If the Iowa City Community School District decides to y e the site and applies for
Building Permit to build a school on the deslgnaJed parcel within twelve (12)
y ~s from the date the parties execute thl~mended Conditional Zoning
Agr ement, Owner shall convey the site to th School District. If the School
Dlstrl t has not applied for a Building Permit w t In thirteen (13) years and six (6)
month~from the date the parties execute he Amended Conditional Zoning
Agreeme~, the covenant will expire and th use of the parcel shall revert to the
Owner, A~hat time, the City will execut a release of the covenant so that the
covenant wll not constitute a lien an cloud on the title to the parcel. That
release will b recorded In the Jzon n County Recorder's Office at Owner's
expense,
If during the time ~rlod the co~ antis In effect the City enacts an Ordinance
requiring the paYmen~f a Sch I Impact Fee as part of the Final Plat approval
process, Owner will p the~ ulred fees for those Windsor Ridge Subdivision
Parts which have not y t re Ived final plat approval. No Impact fees shall be
paid for those Windsor Rid Subdivision Parts which have already received Final
Plat approval at the tlm~f e enactment of the Impact fee ordinance, However,
If the School District use th site to construct a school and accepts conveyance
of the site, the City a~ lor tH School District will rebate to the owner all fees
previously paid and wner sha not be required to pay any additional Impact fees
for Windsor Ridge ubdlvlslon rts which may subsequently be submitted for
final plat approval, If at any time ring the thirteen (13) years and six (6) months
following executl n of this Amend Conditional Zoning Agreement, the School
District determl s that the reserved Ite will not be used for a public school, the
School Dlstrlc will notify the City an wner, and the City will execute a release
of the coven nt upon receipt of wrltte notice that Owner has paid the required
Impact fees If any,
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4, The City and De loper acknowledge that the con tlons contained herein are reasonable
/' conditions to I pose on the land under Iowa Co ~ ~414,5 (1993) and are appropriate
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property, .; .I
5. Developer acknowledges that In the event the subJe property Is transferred, sold,
redevelo ed, or subdivided, all redevelopment will c form with the terms of this
~'r
6, The Ity and Developer acknowledge that this Amended Con 11Ional Zoning Agreement
s~ be deemed to be a covenant running with the land and wi the tllle to the land and
s II remain In full force and effect as a covenant running with th 11Ie to the land, unless
o unlll released of record by the City, The City and Developer furt er acknowledge that
}hlS Agreement shall Inure to the benefit of and bind all successors, resentallves and
assigns of the City and Developer,
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I ORDINANCE NO. 93-3594
AN ORDINANCE VACATING THE 1 Q.FOOT
WIDE WALKWAY RIGHT.OF.WAY
LOCATED ADJACENT TO THE
SOUTHWEST LOT UNE OF LOT 21,
WINDSOR HEIGHTS, FIFTH ADDITION, I
IOWA CITY,IOWA, I
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WHEREAS, the Iowa City Department of !
Public Works does not need the walkway
right-of-way described below for ,
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maintenance access to the stormwater i
detention facilities located Immediately west I
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of the walkway, due to the availability of i
preferable alternative access routes; and I
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WHEREAS, the walkway rlght-of.way does I ,
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not provide direct pedestrian access to I j
Hickory Hili Park; and "
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WHEREAS, the portion of North Seventh , II: t
Avenue located north of Rochester Avenue, I Iii II
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near the walkway rlght-of.way, provides I I
, sufficient pedestrian access to Hickory Hili i 'il
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Park; and ' '
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WHEREAS, a paved walkway has not ~
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been constructed within the walkway right- ,
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of.way; and I "
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WHEREAS, the walkway rlght-of,way Is II f'
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located, In part, on a steep, wooded slope, 'i
which limits the potential for developing a il"
useable walkway for vehicular or pedestrian ,I
access; and i
WHEREAS, the City stili requires the I
twenty-foot wide sanitary sewer and utility "1"
easement located along the North Seventh
Avenue frontage. I" ',II '
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NOW, THEREFORE, BE IT ORDAINED BY
THE CIlY COUNCIL OF THE CIlY OF IOWA
/ CIlY, IOWA, THAT:
SECTION I, VACATION, The City of Iowa
City hereby vacates the walkway rlght,of,way , ,,','
legally described below, subject to the City
reserving and retaining the twenty-foot wide
sanitary sewer and utility easement located
along the North Seventh Avenue frontage of
the vacated parcel, as shown on the final
plat of Windsor Heights Fifth Addition:
The area designated as 'Walkway"
located between Lots 20 and 21,
Windsor Heights Fifth Addition, an
addition to the Clly of Iowa Clly,
, , Iowa, according to the plat thereof
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recorded in Plat Book 17, Page 36,
In tho Johnson County Recorder's
Office,
SECTION II. REPEALER, All ordinances and
paris of ordinances in conflict with the
provisions of this Ordlnan'ce are hereby
repealed,
SECTION III, SEVERABILI1Y. If any section,
provision or pari of the Ordinance shall be
adjudged to be invalid or unconstitutional,
such adjudication shall not affect the validity
of the Ordinance as a whole or any section,
provision or pari thereof not adjudged Invalid
or unconstitutional.
SECTION IV, EFFECTIVE DATE, This
Ordinance shall be in effect alter Its final
passage, approval and publication, as
provided by law,
Passed and approved this 26thday of
October ,1993,
_. ATTEST: lha~~ .r ~
" CI1Y CLERK
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Approved by
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7-1-93
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It was moved by Novick and seconded by Amhdsco
as read be adopted, and upon roll call there were:
that the Ordinance
AYES: NAYS: ABSENT:
.....lL- Ambrisco
-L Courtney
--1L Horowitz
X Kubby
X McDonald
X- Novick
-X.- Pigott
First Consideration 9/28/93
Vote for passage: AYES: Ambrisco, Courtney, Horowitz, Kubby,
McDonald, Novick, Pigott. NAYS: None, ABSENT: None.
Second Consideration ,10/12/93
Vote for passage: Novick, Pigott, Courtney, Horowitz, Kubby,
McDonald. NAYS: None, ABSENT: Ambrisco,
Date published 11/l/ql
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ORDINANCE NO, 93-3595
ORDINANCE AMENDING CHAPTER 23,
ARTICLE II, ADMINISTRATION AND
ENFORCEMENT, OF THE CODE OF
ORDINANCES OF IOWA CITY. IOWA. BY
I
AMENDING SECTlO~ 23,21. IMPOUNDMENT,
NOW, THEREFORE. BE IT ORDAINED BY THE
CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
SECTION I, Chapter 23. Article II, of the Iowa
City Code of Ordinances should be and is
hereby amended by repealing Section 23,21.
subsection (bl, paragraph III in its entirety and
enacting in lieu thereof a new Section 23.21,
subsection Ibl, paragraph (1) to be codified and
to read as follows:
1, Whenever It is determined that any vehicle
has accumulated fifty (501 or more dollars
worth of accumulated parking violations as
defined In the provisions of this code. such
vehicle may be Impounded subject to the
following conditions:
a, Impoundment shall occur only after
notice and opportunity for an
administrative hearing Is offered to the
last known registered owner of such
motor vehicle,
b, Notice shall constitute the following:
Written notification by first class mail
stating the license number of the
vehicle at issue; the owner's name; a
brief description of the parking tickets
issued to such vehicle; that the owner
has the right to request an
administrative hearing before
Impoundment If such request Is made
within ten 1101 days of the mailing date
of the notice; that the hearing shall be
as to the merits of whether to Impound
such motor vehicle for unpaid parking
violations; that failure to request a
hearing in a timely fashion or failure to
appear at such hearing constitutes a
waiver to an opportunity for hearing;
and that the owner shall be responsible
for all charges and costs incurred in
impounding such vehicles,
c, The hearing ehall be conducted before
the director of the department of
finance of the city or his/her designate
and shall be limited as to whether such
vehicle shall be Impounded for unpaid
parking tickets, The owner may at that
time pay for any outstanding tickets,
---...--.
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93-3595
d, Should the finance director or his/her
designate determine that the vehicle
shall be Impounded, he/she shall notify
the owner, either orally at the
conclusion of the hearing or by letter:
however, no such notice need be given
should the owner or designated
representative fail to appear at such
hearing,
e, The city shall notify the last known
registered owner of such vehicle by
certified mall If the name and address
of such owner can be ascertained with
reasonable diligence unless the owner
or operator has appeared and has made
claim to the seized vehicle,
f, The city shall adopt by resolution an
Itemization of all charges and fees to be
incurred by the owner by Impoundment
of such vehicle,
SECTION II, SEVERABILITY, If any provision
of this Ordinance is, for any reason, declared
Illegal or void, then the lawful provisions of this
Ordinance, which are severable from s~h!
unlawful provisions, shall be and remain in full
force and effect, the same as If the Ordinance
contained no Illegal or void provisions,
SECTION III, REPEALER, All ordinances or
parts of ordinances In conflict with the
provisions of this Ordinance are hereby
repealed,
SECTION IV, EFFECTIVE OA TE, This
Ordinance shall be In full force and effect from
and after Its final passage, approval and
publication, as required by law, but not before
January I, 1994,
Passed and approved this 26th day of
Dc ber, 9 3, -----
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It was moved by McDonald and seconded by
as read be adopted. and upon roll call there were:
Amhri "cn that the Ordinance
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AYES:
NAYS:
ABSENT:
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X-
X-
Ambrisco
Courtney
Horowitz
Kubby
McDonald
Novick
__ Pigott
First Consideration 10/12/93
Vote for passage:AYEs: Hor01;!tz, Kubby, McDonald, Novick,
Pigott ,Courtney, NAYS: None. ABSENT: Ambrisco,
Second Consideration
Vote for passage:
-------------------
,
Date published
, 11l1/q~
---.,'.--.
Moved by McDonald, seconded by, Ambrisco, that the rule requiring
ordinances to be considered and voted on for passage at two Coun-
cil meetings prior to the meeting at which it is to be finally pas-
sed be suspended, the second consideration and vote be llaived and
the ordinance be voted upon for final passage at this time. AYES:
Kubby, ,McDonald, Novick, Pigott, Ambrisco, Courtney, Horowitz.
NAYS: None, ABSENT: None.
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