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Home My WebLink About1994-03-08 Resolution -'., . " I J -...;:;~\ . ~!:" ~"," . "..' ,,'..1.:- .' ',", . M '. ;"". -' ,"t' :;'\~1/ 'J " I,.,. .'; , , ,.,' . . "'~.~" ,-'., . , '.; I" "-' '. .' ".. . . , :,.': " .:..,,;....., I : .,', J:,c,,'o.. .'_'" __,'. ,,'., ~ < ~_::~..:~ . :},~.';::.- !..,,; ~ ~,:;.:,:' '-;, ~'. ,,;::',;.-'~'; " \d-) . '.,'. I).~.. , ./ "Mt, RESOLUTION NO. 94-64 A RESOLUTION SETTING A PUBLIC HEARING ON PLANS, SPECIFICA. TIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE IOWA CITY SENIOR CENTER EXTERIOR REPAIRS PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: ',;i ""~~ 1. A public hearing on the plans, specifications, form of contract, and estimate of cost for the construction of the above-mentioned project is to be held on the 29th day of March, 1994, at 7:30 p.m. in the Council Chambers, Civic Center, Iowa City, Iowa. " 2. The City Clerk is hereby authorized and directed to publish notice of the public hearing for the above.named proposal in a newspaper published at least once weekly and having a general circulation in the City, not less than four (4) nor more than twenty (20) days before said hearing. 3. A copy of the plans, specifications, form of contract, and estimate of cost for the construction of the above.named project is hereby ordered placed on file by the City Engineer in the office of the City Clerk for public inspection. ~' It was moved by Pigott and seconded by be adopted, and upon roll call there were: Kllbb~' the Resolution AYES: NAYS: ABSENT: ,;;-.. (, , , 1{ Baker ";'. \-~\ ' , ' x Horowitz \ x Kubby ",i \ 1\ , x Lehman j ..,~ x Novick '"r I I \ 11 Pigott x Throgmorton ~ Passed and approved this 8th day of MA,.~h , 1994. , , I I '~, " I"; I , , i i ,\ ,; \,,'-- ~.' J! iiu~ )no cJj?rLM~ .,,' I Mi<YOR A~roved by U AlTEST:]},A~ ,f JLJ {()~ ~ crr~hERK' , City Attorney's Office 3 - Y ~ q i pwengIJrcenler.r.. !' " , _....J s,s- ~!i '(' ; ,i::l - _:~- ~ ,'"'L,,,..), ,...,.:".,'.,',';'~"-,;";".,',',.;'.,tT';,.,:;,~'.'~--""--"--.-."'-I.',~;:,,.5 "','" . '>>',."'::>:"-'-';";":'1,9.;". _ _ .' ' l. ;';'~ Iii', [J to , _~L '..,,-...'.'i.t. ",. -'-..t,;::":'.":;~!' ~I,." ,';. :~;~~ ~... '" .-,' ".",1 :>.' I( , ",' ~. '. , ' '. "....._... _.'_. ,.~,..,_...__..............,~.,,,~..,.,....,,-.,,...~.___.__._c...,-~______,...._........_ . I") , (),G\~ ,) 11\-1-, RESOLUTION NO. 94-65 i.-,., i, ! RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE RELEASE OF A LIEN REGARDING A PROMISSORY NOTE AND A MORTGAGE FOR PROPERTY LOCATED AT 1703 G STREET. IOWA CITY, IOWA. , , , , I I". . i. '-. WHEREAS, on April 8, 1992, the property owners of 1703 G Street, Iowa City, Iowa, executed a Promissory .Note and a Mortgage to the City of Iowa City in the amount of $1,944 in exchange for a low-irlterest rehabilitation loan; and WHEREAS, said Promissory Note and Mortgage created a lien against the subject property; and .',',. WHEREAS, the balance due was paid in full on February 16, 1994. ! NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the Mayor is authorized to sign and the City Clerk to attest the attached Release of Lien for recordation, whereby the City does release the affected property from an obligation of the property owners at 1703 G Street to pay to the City the principal amount of $1,944, which obligation was recorded in Book 1361, Pages 240-249 of the Johnson County Recorder's Office. Passed and approved this 8 th day of March ,1994. @ ~f!dj JA,~O- MAYOR - Approved by ,i!.~ $UJ-- s-3-ry ," \ (; " ! It was move~by Pigott and seconded by adopted, and upon roll call there were: Kubbv the Resolution be , \ "''-i , :r.. AYES: NAYS: ABSENT: x X X X Baker Horowitz Kubby Lehman Novick Pigott Throgmorton ~ J( x X , I ~ ppdreheb\ 1703gst.res I' , I I, ~'i \, E l J( .. ~-~ _,' ~L, - ~,' .. J' . . .....;.".-',; SC\(" )"..,..,"',..,....,.........,......,.."....,"'.......T"" '.."r...'" ,::;,0'"" ,(",'/.:,..::\".'."",",..,"""" """,5:. u D' .. '''''''~'' 1 '~.. ..,::.,;, ;." , . ________ ___~__..:..'~_~~__~,_'" ,I., ',"". '~" o ... ,',.,' ., ,;'J' ~. .' . "~i :A , ,m:m' ' , , "'j, ' ", ': ~t:\'I' , .. .. ,'..," '~. M . " """.';t,', ~ '-..,.. ,," ~ , \,. "-,_.",.;.,,-,,_.,-",,",,.{:~:,,,-.,~, _n'_."__'_"_~'_""'~""" ", , "",:'-'-,"", "....: -","-''''::''-'.-',- '''-'-'''~'-' ,--,,,.._.;,,,,~... RELEASE OF LIEN The City of Iowa City does hereby release the following property: Beginning 76.7 feet east of the northwest corner of Lot 5 in Block 46, in East Iowa City, Johnson County, Iowa, according to the plat thereof recorded in Book 1, page ' 92, Plat Records of Johnson County, Iowa; thence south 100 feet; thence east to a point 14 feet west of the east line of Lot 6 in said Block 46; thence north 100 feet to a point on the north line of said Lot 5, which point is 14 feet west of the northeast corner of said Lot 5; thence west to the point of beginning. from an obligation of the property owners of 1703 G Street to the City of Iowa City in the principal amount of $1 ,944 represented by a Promissory Note, a Rehabilitation Agreement and a Mortgage recorded in the Office of the Johnson County Recorder's Office on April 27, 1992, in Book 1361, Pages 240-249. This obligation has been satisfied and the property is hereby released, in full, from any liens or clouds upon title to the above property by reason of said prior recorded documents. CITY OF IOWA CITY By: ~ tL-rI '>n. ~vS ;Mayor '- Attest: "~1' k~ City -Ierk Approved by: " , STATE OF IOWA I I SS: JOHNSON COUNTY I On this <J,,f~ day of 'M,Cl,rt:h , 19.!iL, before me, So~~ Fc,..+- , a Notary Public in and for the State of Iowa, personally appeared Susan M. Horowitz 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 Resolution No. q4J- _ 65 adopted by the City Council on the <f.t~ day of 'Ma.rt~ , 19 '1"1- ,and that Susan M. Horowitz 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. :). '" ~ '~ i~ ~L. t~ Notary Public in and 'for the State of Iowa ppdrohDb\ 1703g.I,rol '!f ,I, s-, (, ': _~~ '='M' ~. ,o"j" .'",' ,',. '" '.-' ' .., ,,~':: ~ ~~ ,,,',' ,',i.:, _ J..~ - .... ., "'. . - I J.~ f';\. I,;;J 10"':, U. ~ .' ,,;. ,..\ , 'r'" , " I',., .,.<1 , .1 ,'I ! ,<~~:~;i>"';;' ' . '. '\ '..' ,!; ,'..'.'. \ ~"\ : ()?V 1Mj I "I ,',' , , '. I , . . ~. ". . .~;':..... .'..i.~:.:.:-:.i...,:....~.:"." .~~;~~l~ ;',-"..L':';" ""~'_"..:...;",,l<: "'~" .:.ll....';.;..."~"....;,,,._~;~,:,,....~."'...,"'';~ ,",,' -:~~';......1.,~ :! " '" " RESOLUTION NO. q['-Iili RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE RELEASE OF LIEN REGARDING TWO PROMISSORY NOTES EXECUTED FOR PROPERTY LOCATED AT 502 THIRD AVENUE, IOWA CITY, IOWA. I I WHEREAS, on June 11, 1990, the property owner of 502 Third Avenue, Iowa City, Iowa, executed a Promissory Note to the City of Iowa City in the amount of $1,500.00 in exchange for Housing Rehabilitation Assistance; and 'j" WHEREAS, on July 18, 1990, the property owner executed a second Promissory Note to the City of Iowa City in the amount of $1,205.25 in exchange for additional assistance. , '. WHEREAS, said Promissory Notes created liens against the subject property; and WHEREAS, the total amount due for both loans was paid in full on February 28, 1994. ........ NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the Mayor is authorized to sign and the City Clerk to attest the attached Release of Lien for recordation, whereby the City does release the affected property from an obligation of the property owner at 502 Third Avenue, Iowa City, Iowa, to pay to the City the principal amounts of $1,500 and $1,205.05, which obligations were recorded in Book 1137, Pages 163-164 and Book 1150, Pages 269-270, respectively, of the Johnson County Recorder's Office. 11',-, Passed and approved this 8th day of March ,1994. -.....i ~i'.: .' , H', " [~ u~ f-f~ 1L~.n,.~ ~A YOR - Approved by +f)~ ]; av- City Attorney's Offi 3- 3- 9<( ppdrehab\5023rdav.ree ;, "'1 o . ',.,', :_' . :', :,', ;::","')\ .~!,<;,~"y,"::' S" ........'..',...1.....' "',',,' '"1"'.,...,',',',, "v"i'''':",;", '0" ,i5 \ , ,: " .' ,I,....""", '-"'1"";' , ,.J ;~;l~(: "{' ',2,:.:.",':'" .' ...1 i (' J C~ ~ t1 ! i I ~ ,I 'I 1\ \~~ '1 ,9 ), .' f , t.: ; .:' ", , .'to- " ',i:; ':1 , . " ," ~""" " " "', " , -,' .J'. ..,_..:.....~_...;,~..,......~_i..,.~:.~"..t......',;.1,,;.".~..~...~...'.;.!.,;J'.-::\~.:..i.J.....:.....~.'"'."",:,~..,~....,....--...-:-.:.....:.. ':.' Resolution No. 94-66 Page L It was moved by Pigott and seconded by adopted, and upon rolf call there were: , AYES: NAYS: ABSENT: x X X J( x x' X i. .'.i.." ".~'" 1 .', ",-:' Kubby the Resolution be Baker Horowitz Kubby Lehman Novick Pigott Throgmorton 5"1 o . ~~~~;', ~'::~?i .~'-~~:'? ~.\\~. '::.:' ::''".1; ...:.,;i....;.-{..~/\" .," " ,t" ':'f ,', '. '.i . ..' , ',' ":' .' , , ""'1",;' " 15 ,,"fo; .\",.,. I.' , '. " !~ii~~!' . '.,.L , '- ,":~-"" " ,\ -'i I \ \1 \~ :"I~\i 1,1 : ~ i" , I', I' I! , I . " II II I , I I , ~. I :. : , i ,I I " ). !""" 0.-- " ~I 'i:I:'~:!' ~i~ {,l Jti i,:,>:':1I::".,' L:~ ..... . .' .~I J' i' "~t' ..~ \,~~. i , " .'" M . '. ..' ,-", ~. .." ~ , ", " , ,.. , . . _. .._,~. ....::,. :.". '""'.n'_..."~."'""".'~"'''' RELEASE OF LIEN The City of Iowa City does hereby release the following property: The South 50 feet of the following-described tract: Commencing at the northwest corner of Lot 9 in Block 19 in East Iowa City, Iowa, and thence North 1 00 feet, more or less, to the south line of A Street, thence in a southwesterly direction along the south line of A Street, thence in a southwesterly direction along the south line of A Street 150 feet, thence South 1 00 feet more or less to the Northeast corner of Lot 9 in Block 19 in East Iowa City, Iowa, thence in a northwesterly direction along the line of said Lot 9 in Block 19 in East Iowa City, Iowa, 150 feet to the pint of beginning, all being a portion of that strip of land covered in a deed from Frank O. Lowden, James E. Gowman, and Joseph B. Fleming, Trusteed of the Estate of the Chicago, Rock Island and Pacific Railway Company as trustees to Charles Alberhasky, said deed being dated January 10, 1940, and being recorded on January 30, 1940, in Book 155, at page 611 of the deed records of Johnson County, Iowa. from an obligation of the property owner of 502 Third Avenue to the City of Iowa City in the principal amount of $1,500 represented by a Promissory Note recorded in the Office of the Johnson County Recorder's Office on June 18, 1990, in Book 1137, Pages 163-164. The City further releases the above-described property from an obligation of the property owner in the principal amount of $1,205.05 represented by a Promissory Note recorded in the Office of the Johnson County Recorder's Office on July 25, 1990, in Book 1150, Pages 269-270. These obligations have been satisfied and the property is hereby released, in full, from any liens or clouds upon title to the above property by reason of said prior recorded documents. CITY OF IOWA CITY Attest: )'k"';A~' J.__l.. .;d..MJ ~' By: 11u~ ?r,- i-/~~ I Mayor - Approved by: ~tj City Attorney's Office STATE OF IOWA ) ) SS: JOHNSON COUNTY) On this ~ -t.1 day of '1'J\..rt.\" , 19.1i, before me, Sord~ll'" h~ , a Notary Public in and for the State of Iowa, personally appeared Susan M. Horowitz 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 Resolution No. '14- iDttJ adopted by the City Council on the \' -l:.h.. day of 'Mp.fc.l, , 19 '14 , and that Susan M. Horowitz 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. Stmdw. ~"Ai- , Notary Public in and for tht\ State of Iowa I ' ppdrohab\6033rdav,rol S'l o o , . 1::.- "'1"';\ ".\ I .~ t ", I[t "1' ,'" . ,-I ' f.<lli1Joj'. ".' " .,.: ' . ; '. ,)". " ..:' ; ~fl ,%!"tf,/ ~., r ,:.t' l' .,---....,.. ,. ' -~ \ \ \( .",1~,. ~.(\ 1, : I'" ',,::" . .,1 \ ': I; # ' I' II I III i I I , : I I, I I~' , i i Jl 'I.. ., 0-.> -, ' W{ lJ~_' )' ";~,, i~:,o/~' , il:l',i;l , , , L_~ (.-? .::'y ~. " " , , "If"' ..'.W., ,.,' L." ... . .~. ".l , ."' " ......'( , '., ".. . . , .- . .... ',I'. ,'.' ~,;. ..;..:.:... ,j;',:",;';.'_, ",~;;':O ...:.;....:,:.;;..,:l:.:;.':..:....:..'~..".,,'....~.,._'__u...;"_.... '.....A RESOLUTION NO. 94-67 CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE RELEASE OF A DRAINAGEWAY AND STORMWATER STORAGE EASEMENT LOCATED ON LOT 44, FIRST AND ROCHESTER, PART ONE, IOWA CITY, IOWA AND TO EXECUTE NEW DRAINAGEWAY AND STORMWATER STORAGE AREA AND NEW STORM SEWER AND DRAINAGE EASEMENTS FOR THAT PROPERTY. WHEREAS, the City possesses a drainageway and stormwater storage easement on Lot 44, First and Rochester, Part One, Iowa City, Iowa; and WHEREAS, in order to increase the buildable area of the lot, the owner, Plum Grove Acres, Inc" requested the City to release the easement designated and legally described on the plat attached to the Release as Exhibit A and incorporated by this reference; and ( WHEREAS, the owner has agreed to provide the City with a new drainageway and stormwater storage easement covering a smaller area; and WHEREAS, the City does not require the additional area included in the original easement; and ~ WHEREAS, a 20 foot wide storm sewer and drainage easement is required over a portion of Lot 44 but was inadvertently omitted during the platting process; and WHEREAS, the owner has agreed to provide the required easement; and WHEREAS, the City Engineer requires an updated plat for their files; and WHEREAS, it is the City's policy that if developers request repositioning of easements, their engineer must revise the mylar of the original plat to remove the existing easement and incorporate the new easement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1 The Mayor is hereby authorized to sign and the City Clerk to attest the attached Release of Drainageway and Stormwater Storage Easement. 2. The Mayor is hereby authorized to sign and the City Clerk to attest the attached Drainageway and Stormwater Storage Easement Agreement. . 3. The Mayor is hereby authorized to sign and the City Clerk to attest the attached Storm Sewer and Drainage Easement. S1([ ,L ~-- ,- : , ), -, j~: 10:" . . ,I , , " "Q,., " .. ...... ~CD;~i>." ""; , ' Res. No. 94-67. Page .1-. 4. The City Clerk is hereby authorized and directed to certify a copy of this Resolution for recordation in the Johnson County Recorder's Office' together with the attached Release, Drainagaway and Stormwater Storage Easement Agreement, and Storm Sewer and Drainage Easement Agreement. The Clerk is directed to release the documents for recording only after the City Engineer notifies her that owner's engineer has revised the mylar of the Final Plat for First & Rochester, Part One, removing the released easement and incorporating the new easements. It was moved by Pigott and seconded by Kubby be adopted, and upon roll call there were: the Resolution AYES: NAYS: ABSENT: , ..', '. , . " ,',', x x x x x x x Baker Horowitz Kubby Lehman Novick , Pigott Throgmorton Passed and approved this 8th day of _ March I 1994. " ~"" n,'~j MMOR '.\' , ,"-' ,', " " 'j" .. Approved by ATTEST: Ih~:;;f '-A"'~ CITY CLERK ! ) I'I ( Ii ' ", I , ,,"/"'1." I. , " \.1" ~,. , .. ,1, , ,",I I 'j. \ I'" ... 3-5'-'1r n:\marshabUoI44,res , r.' : {,~ o ""-"" , , I', . ..:: " ..; :',;:?':':'-"'i",:_:;;,,:::~::;,,,:,'~R~r~(:~::;:: ~ 5'1'! i'" '''Y;''::7,''''''',' ';\,"';"'/."',:'1""',:;;,\::"':, ."I~"~i'7' "~. ,,:,[]...,~^,(,.. i:': " '" '.'i5 ,: ".,.. ,,',',.;::.:': , ' '.. .:"~,', ....,'," }:~.. .."..,-.i....,.,.,.,..:'.,. ,,;~, . 1 RELEASE OF DRAINAGEWAY AND STORMWATER STORAGE EASEMENT The City of Iowa City, Iowa, does hereby release the property designated "Drainageway Easement Area and Stormwater Storage Easement Vacated" and legally described on the Plat attached hereto as Exhibit A and incorporated by this reference, from a lien or cloud upon the title placed thereon by a drainageway and stormwater storage easement granted to the City. This easement is originally shown on the Final Plat of First and Rochester, Part One, Iowa City, Iowa, which is recorded in Plat Book 23, Page 78 of the records of the Johnson County Recorder's Office. Said easement is hereby released. The City retains all other easements shown on said final plat not released by this document. "i. CITY OF IOWA CITY, IOWA BY: &/1 tl41 >n.~--:t::-- Susan M. Horowitz, May~r, - d Attest: lJ1t2~~, ,e, ~~, Marian K. Klm, CitY(,f'e.:r~'\~ ,;; "., J \ n c""'\ \ , \ \ ) ) SS: JOHNSON COUNTY ) .f~ On this L day of March, 1994 before me, the undersigned, a Notary Public in nd for said County, in said State, personally appeared Susan M. Horowitz and Marian K. Karr, to me personally known, who being be me duly swom, did say that they are the Mayor and City Clerk, respectively of said municipal corporation executing the foregoing instrument; that the seal affixed thereto is the seal of said municipal corporation; that said instrument was signed and sealed on behalf of said municipal corporation by authority of City council of said municipal corporation; and that the Susan M. Horowitz and Marian K Karr acknowledged that execution of said instrument to be the voluntary act and deed of said municipal corporation and by them voluntarily executed. STATE OF IOWA ,f' '.., :-, .\"'1' '.::..... ( " l:i s~ Fmtb Notary Public in and for the State of Iowa " ' " , I ; I : k) If'. ,I ' 1\ ' ~~ ;),' .,1" " 'I .. ;(L~_ .~.,'.=.' nT ; J~)",'''' '".,'-,..."..,."",.,..,," ", :';1/';.~j,'/', ./),/i' i", \', . ' '.' ,....", '.;" . : 1. " ",'-'." - ~,', ,.".;:,.; ,.. "''f a " I .:- ,"~. I , , ":1 . 'i ,,'J", .' " ' I ~ 'i,: '. " 5';<& ,..... "" ..,.~\' ,; ,': ""...,1'..",.... ,'I' . ,'" , '.;"';'''''' [J': '15"'" ",( ." ....""'..;:,, r".":' : ~': .':, ',,:: I.. , ,( ~ I ,~ Z'L'~C1 "'\.' '1\,1:, M . ,~, .' , ". . . ...c,,,.::'. - -. ;,: :.....,..,;'..:. ",.,,~'J ,". ..Le._);,.; EXHIBIT A N'tV C.!f. S,C. It T1'#, ;.;."" 0' 1'111' .Jr4 ".111. """'C~ 0",,1' r. ""'Ii. $<Al': 1"' 100' ()~ 86($/NNING Ij. 'Jo ~ ~ ~ /l49-e3' /S"~ 1!8'? '10' ------------- 't . . ~ ~~ ~ ' ~ ~Q '" , Q o ~ \ I 4' /<1-13'SI" ~ If I ?#fO.OO' Q t.. 1,,..00' \J ell' 1~$.4" a". 411J1~.' 1'12f.-"?'SP-;! '/ 34S.I?' ...... S840$S't!S" W ...", AlLEN '/I. Wi, I ~~ UY CDMUIIIIOI 'I>I!1l . . rhy 10, 1196 . I certify that during the month of March, 1993. at the direction of Bruce Glasgow, a survey was made under my supervision, of the tract of land platted hereon and the boundaries of said tract are as follows: Commencing at the Northwest Comer of Section 12, Township 79 North, Range 6 West of the Fifth Principal Meridian; Thence Soo'02'26'W, along the West Lot Une of Lol38, First and Rochester, Part One, Iowa City, Iowa, according to the recorded plat thereof, 90.00 leet; Thence N89'23'13'E, 287.78 feet, to a Point on the Westerly Lot Une of Lot 44 of said First and Rochester, Part One and being the Point of Beginning of the Dralnageway Easement Area and Stonnwater Storage Easement to be vacated; Thence N89'23'13'E, 262.25 fee~ to a Point on the Easterly line of said Lot 44; Thence SOO'02'26'W, along the said Easterly line, 147.76 feel, to the Southeasterly Comer of said Lol44; Thence S84033'25'W, along the Southerly line of said Lot 44, 345.17 feet, to the Southwesterly Comer of said Lot 44: Thence Northeasterly, along the Westerly line of said Lot 44; 196.00 feet, along a 780.00 foot radius curve, concave Northwesterly, whose 195.49 fool chord bears N24037'59'E, to the Point of Beginning, Said tract of land contains 47,768 square fee~ more or less, and Is subject to easements and restrictions of record, I further certify that the pial as shown Is a correct representation of the survey and all comers are marked as Indicated. 2 -/ - , LS. IA. Reg. No. 7036 9 '-I ration expires December 31, 19...L..,t-. M da~ of -~~'lUA1 . t9j:l. , \\\\\\\\I~,UUII/II" \\,(\<( U. ,,~... III ", " \,.' I 'r~.~ I", lr'" 4\" l' 'f(\" . : \J. r. ,....'. .:(., ""II \f1~' f' I~:) \-}~~ \ "} \( '.:~ .... ~ './ ""1,."'\,,, I"" /'''.11,,"1111 \r,~I" IdU.r m.1lH' " 6'r.o41~UI((ll1lf1 fi'1I I "Pll1lWIOl"illtliJ~1I 1 O'~/~': Ill' 110_ '1- WI fIO,((1 . I. m\ll IIlIr P ..._IlI\ll_,mu ~ MMS CONSULT^NTS, lNc, M IOWA CITY . IOWA ~ 3IN51"8282 ',I,"" '''AI' 31t. .. 101- /<Ie ORIU"A~/!WA" CA4,,,,,wr IJ~'A IlND SrOlllffW,frnt Srd/M41 ~A3'''''N1 JlACArGD 'or 44, rl,q3r 11/110 ROCJ(,.srlR, PART aN~ IOWA a,rv, IDWA \~ UP OII( sou , I': ems 4'eO'~' I". 100' II' ~H ~( --"~=~ ~ ::l. - --- ,Q- ). u -v __ l?- 59&' ".. . &to CD I, I, ' )c;. , " ~) io, ~~' . ,.~' " ., ~). .~" ,j 'M . "t ,",\V', .' , ,.... ',' " , ,,', ,....' \ ""'7 "'. I 1 , . o _:,' ..:--,;':i:';":":'"'::'.~,,, '.;...,;;L.:::":';::.',..,;.,:.;':" ':. '~I,-",;",,:,,:;:,;"',:I...l.~_~o'_""" >_~ >_.. .__ _ _ : - " STORM SEWER AND DRAINAGE EASEMENT AGREEMENT This Agreement is made by and between Plum Grove Acres, Inc" an Iowa corporation, (hereinafter "Owner"), and the City of Iowa City, Iowa, a municipal corporation (hereinafter "the City"). NOW THEREFORE, THE PARTIES AGREE AS FOllOWS: For the sum of One Dollar and other valuable consideration, receipt of which is hereby acknowledged, Owner hereby grants and conveys to the City, an easement for purposes of excavating for and the installation, replacement, maintenance and use of such storm sewer and drainage lines, pipes, mains and conduits as the City shall from time to time elect for conveying storm water together with all necessary appliances and fittings for use in connection with said lines and adequate protection thereof and also a right-of-way with right of ingress and egress thereto, over and across the premises designated 20 Foot Wide Storm Sewer and Drainage Easement and legally described on the plat attached hereto as Exhibit A and incorporated by this reference (hereinafter "easement area"). Owner further grants to the City the following rights in connection with the easement: D 1. The right to grade said easement area for the full width thereof, and the right to extend the cuts and fills for such grading into and on said land along and outside of said easement area, to such extent as the City may find reasonably necessary, /- , ' r' ' ,;\ : _.~ \ \ \\ ~ ,~ ,tj~'.r' I " l 2, The right from time to time to trim, cut down and clear away all trees and brush on said easement area and on either side of said easement area which now or hereafter in the opinion ofthe City may be a hazard to the water main, storm sewer and/or sanitary sewer lines, or may interfere with the exercise of the City's rights hereunder in any manner. The City shall indemnify the Owner against any loss and damage which shall be caused by the negligent exercise of any said ingress or egress, construction, use or maintenance rights by the City or its agents or employees in the course of their employment. " The Owner reserves a right to use said easement area for purposes which will not interfere with the City's full enjoyment of its rights hereby granted; provided that the Owner and Contract Purchaser shall not erect or construct any building, fence or other structures; plant any trees, drill or operate any well; construct any obstructions on said easement area; or substantially add to the ground cover of said easement area. 1'1 ~'{ , " The Owner hereby covenants with the City that it is lawfully seized and possessed of the real estate described above, and that it has good and lawful right to convey it or any part thereof. i ii, ; i'-?!1'"j " :/ ' ~., " ~.L' ';" 1" ;.;, .' ~ !7~~,.,. "r ..-,j, ~-" Nothing in this Agreement shall be construed to impose a requirement on the City to install the original public improvements at issue in this easement. Nor shall the Owner be deemed acting as the City's agent during the original construction and installation of said {( -~-_. - ,~_. w.- ,:""'~~),'<' ,t, ,.,'" :', . .,.;.., .. "., 0""" '\' 59<6 , .;, ?S 110. '.. I "', ,\ ~1!';;::;j (...-' ~ ,'~'~ \ \ \ I \ ':7~:..,1 , \ : i' . I" ! . r , , ~ 1- ........ : "... 0_ ., , ~, " I M , , "~t>, '\', ~ " , ," > . ",.' ~ '. . :: ' improvements. The parties agree that the obligation to install the public improvements herein shall be in accordance with City specifications, and the obligation shall remain on the Owner until completion, and until acceptance by the City, as provided by law. This easement shall inure to the benefit of and bind the successors and assigns of the respective parties hereto. All covenants shall be deemed to apply to and run with the title to the land. SIGNED this 15 day of March , 1994. PLUM GROVE ACRES, INC. BY: &wa-Il Bruce R. G. asgow, Presid ~,:-, Frank Boyd, Secretary CITY OF IOWA CITY, IOWA BY: ~ ~~ S4 an M. Horowitz, Mayor U BY: 7/J1//A'-'~ -IJM-1/ Mar~r, City Clerk STATE OF IOWA ) )SS: JOHNSON COUNTY ) "'. . I i D On this ~ day of Harch , 1994, before me, the undersigned, a Notary Public in and for said State, personally appeared Bruce R. Glasgo~nd Frank Boyd , to me personally known, who being by me duly sworn did say that they are the ?rp~i npnt Rnn Secretary _ of the corporation executing the within and foregoing instrument, that no seal has been procured by the corporation; that said instrument was signed on behalf of the corporation by authority of its Board of Directors; and that Bruce R. GlasgO\~ and Frank Boyd as officers acknowledged the execution of the foregoing instrument to be the voluntary act and deed of the corporation, by it and by them voluntarily executed. D.L CHELF MY COMMISSION EXPIRES Api1I7,1996 Not ry Public in and for th tate of Iowa .........-. - -. Q..). '\ sqr i 'It, : :) I:, : ID, ~~.... .;~if~"./;{'c " . ~'.~ . -j, " ~ ' ,.. .. '. ", . ~'. ,_..:..~...::.r..;.~~~,:';';;";''';.:..':''-_~.:..~~_.~_. ........_'.__._....__c__;. "._... i STATE OF IOWA ) ) SS: JOHNSON COUNTY ) -t-h On this lS.:""day of Zl2Q.,..d , 1994, before me, the undersigned, a Notary Public in and for the State of lows, personally appeared Susan M. Horowitz and Marian K. Karr, to me personally known, who being be me duly sworn, did say that they are the Mayor and City Clerk, respectively of said municipal corporation executing the foregoing instrument; that the seal affixed thereto is the seal of said municipal corporation; that said instrument was signed and sealed on behalf of said municipal corporation by authority of City council of said municipal corporation; and that the Susan M. Horowitz and Marian K Karr acknowledged that execution of said instrument to be the voluntary act and deed of said municipal corporation and by them voluntarily executed. ~ '- ." , Scmd~ ~' Notary Public in and for the State of I' Iowa "r. " " @' t ~ " \ \ ,\ ..~ /.. I : "" " ~. I l ~~ ,i. . , ~ . ii' .1 Li ~ . ',' o r' ' , I ,':,,"0,..'.,',' "'F,'!" . .\',' .,;.>'.<-:.....,...":',\.'....., S9<6 - , .,-~.,~~.~.,;.. '..,"00',""",','<1"'..',...,. ,,,...'.. ''''.''..''..''''[''.'' I I ,;",.,.i ,"'\"'" ,'i.,',\'" " ,)'5':'.,"\" '0"':' ".<\';\, "', . ' :.;;;.~_.:~:,~>.'_~.r,"':~ <\:, , "..:-.:\'.... I..'. ,,:- :;,~I:' .>' ~~: ';, : .,,'." " '.. . . . ~," -<'/i:~t~..~\l,. ~:~.."', ' , ,;", , , ,o1,\ ....' " '.,'\, 11" '. -.' ..' . .....' " .;.:;~-iL~' l .~._~__..~~.._..~_.~~J~2;~~~:\J;::;L.;::~;.,:.~;i~;.u~;I~.~:~~-c...:!~~~'t.,...;::;;L..;~~,~.'-,~..."'<C"... .-~-~-~ - -_...... .::' ..... :', --,.':.::....;,..,~..~;:...,,- I: .( , "'j "-...:.,. \('-:1 J',.. (~! 't7~, , I i\ I I I I I ,~ ' , .,c I 'j " / 0"~~~" \, I certify th~t during the Menth ef J~nu~ry, 1994, ~t the dlrectlen ef Bruce Gl~sgew, ~ survey w~s M~de under MY supervlslen ef the tr~ct ef l~nd pl~tted hereon, the bound~rles of whiCh ~re described ~s followsl , , " CeMMenclng ~t the Nerthwest Cerner ef Sectlen 12, Tewnshlp 79 Nerth, R~nge 6 ~est ef the 5th Prlnclp~l Merldl~nl Thence SOO'02'26'~, ~long the ~est line ef Let 38, first nnd Rechester P~rt One, lewn City, lewn, nccerdlng to. the recerded pint thereef, 90,00 feet) Thence N89'23'13'E, 287.78 feet to. n Pelnt en the ~esterly line ef Let 44 ef s~ld first nnd Rechester Pnrt Onel Thence Southwesterly along s~ld ~esterly line of Lot 44, 196,00 feet on n 780,00 feet rndlus curve, concnve Nerthwesterly, whese 195,49 feet cherd benrs S24'37'59'~, to. the Seuthwest Cerner ef snld Let 44) Thence N84'33'2S'E, nleng the South line of s~ld Let 44, 345,17 feet to the Seutheast Cerner thereef) Thence NOO'02'26'E, 'nlong the Enst line ef s~ld Let 44, 28.22 feet) Thence N89'57'34'~, 10,00 feet to. the Pelnt ef Beginning) Thence N89'57'34'~, 20,00 feetl Thence NOO'02'26'E, 226,30 feet to. ~ pelnt en the Seuth Rlght-ef-~~y Line of Hickory Tr~1 II Thence Southe~sterly ~long s~ld Rlght-of-~~y line 20,25 feet, on ~ 375,00 foot r~dlus curve, conc~ve Northe~sterly. whose 20,25 foot chord be~rs S81'OI'24'E) Thence SOO'02'26'W, 223,15 feet to the Point of Beginning. S~ld tr~ct of l~nd cont~lns 4,493 squ~re feet, Mere er less, ~nd Is subject to. e~seMents ond restrict lens of record. .. WI .. ...- ....'" C)~m :t.~ .0 ,.- , "'.... ..~ ilii .. ..I~1lJ "oll: <u .. :Ii ~. , ~ . -"0.. 0 I further certify thot the plot os shewn IS 0 correct representotlon of the survey ond 011 cer rs ~re Morked os I dlcoted. 2 '-lr-7 " Robert D, Mickelson L,S. IA. Reg, No, 7036 My Blennl~l Reglstr~_ Ion expires DeceMb~J:'~~4;~ ~;r , Signed before th 51 d~y Of~ Not~ry PubliC, In B. for th State of low~, ,19~, " '1 \\\\\1111111111/,;, \\\\ r't A~I III \\' <t'\ \.I' ""/L"'/II. l'~~""'r:..'" ,[. I~ ~ ~:.':~0\~T/f.l.\, <. ~ fi;~oI 'I~', Q;- : ~': C/ .z: : '703'5 ~ 0; ',; .: ~ <:\O\Alr....... f ~ 1'4;"" 'Y r:.,'~ $ NORTHWEST CORNER """"~ SiiR~~~~\\\"" I W SECTION 12, T79N-R6W "''',"'"",' :::J ~ J 5th P,M, I ? o IJ1 b. = 03'05'37" R = 375.00' T = 10.13' l = 20.25' CH = 20.25' CHB = S 81'01'24" E I r N 89'23'13" E 287.78' ~~ ~ 20' \\lOE STORM SEwt:R : ANO ORAINAGE 'vO~ ~I EASEMENT S 00'02'26" W P ~I 223,15' N 89'57'34" W N 89'57'34" W 10,00' 20,00' N 00'02'26" E 28.22' N 84'33'25" E 345.17' POINT OF BEGINNING - b. = 14'23'51" R = 780,00' T = 98.52' l = 196.00' CH = 195.49' CHB = S 24'37'59" W 5IJR\!Y REllJ!l1[D Bt 1lJll'<!lll Ill! HIlOOI: { b. CO\t~'I\IEIII COOlIEIl ruT IMn MMS CONSULT""', INC, E o PROP[RlY CORHEIl rOllND 111f;20' StorM Sewer &. Dro.ino.ge Eo.seMent G . S/8' X )0' w/ L~ CAP &1 ~~CT LOT 44, FIRST & ROCHESTER PART ONE M Iowa. City, Iowa. E -1-1- [~SlllG I!NC( UNE N _PRIIi'[RTYUN[ IDVA CITY, IDVA ~ 319-351-8282 0 R D 0. C A D SCALE f'NO P NO t A 02/18/94 W DAM ~ CMS P RDM * 02/11/94 1'=100' o - 316 R - 101-142 ~t N P D ~ R t J " EXHIBIT A S~<6 "1','''':';',' ";5' ," .. , ';'1 10" '"....t,.,I, ,'(' -~ -L ' - ""j'" ),':,:':;",' '. ,'- ;' .,:. . " <: '-'" " '., ~.'. "'" ,...,:.. ""'...",'.":,:'...;,,,q,,,':, ,,:\,\ .'.~";,. .,~, ;,":'.,", _.__.~-_._~~-~~-~~ "'" .',':' ~'''' l 1'\ ,'", 0) '" - ~ '.. .' m}~t.(. . ,.._1 ','i. . .<'".... f" { r .l ~.--<.~ , , \, \ y.~ ,.( I'. ~ ~. ," , . i : ! : , c I , J ,,\~~;(~t I"" i"i'r,.', ." I I '--' ,,-' '.~' j' -" -"~"" .- '-. ,,~w. M , .~. , ". :.\ , ~ "'. ..,',.".,..,...,_..;...,.....~_...a_,_, . . _.__.~..- -_..........-. ..... . ...~..... ~..,~; ..-.,,~~_...;......._--. DRAINAGEWAY AND STORMWATER STORAGE EASEMENT AGREEMENT This Agreement is made by and between Plum Grove Acres, Inc., an Iowa corporation, (hereinafter "Owner"), and the City of Iowa City, Iowa, a municipal corporation (hereinafter "the City"). NOW THEREFORE, THE PARTIES AGREE AS FOllOWS: For the sum of One Dollar and other valuable consideration, receipt of which is hereby acknowledged, Owner hereby grants and conveys to the City, an easement for purposes of excavating for and the installation, replacement, maintenance and use of such drainageway lines, pipes, mains and conduits and such other facilities as the City shall from time to time elect for conveying and storing storm water together with all necessary appliances and fittings for use in connection with said lines and facilities and adequate protection thereof and also a right-of-way with right of ingress and egress thereto, over and across the premises designated and legally described on the plat attached hereto as Exhibit A and incorporated by this reference (hereinafter "easement area"). Owner further grants to the City the following rights in connection with the easement: 1. The right to grade said easement area for the full width thereof, and the right to extend the cuts and fills for such grading into and on said land along and outside of said [) easement area, to such extent as the City may find reasonably necessary. 2. The right from time to time to trim, cut down and clear away all trees and brush on said easement area and on either side of said easement area which now or hereafter in the opinion of the City may be a hazard to the water main, storm sewer and/or sanitary sewer lines, or may interfere with the exercise of the City's rights hereunder in any manner. The City shall indemnify the Owner against any loss and damage which shall be caused by the negligent exercise of any said ingress or egress, construction, use or maintenance rights by the City or its agents or employees in the course of their employment. The Owner reserves a right to use said easement area for purposes which will not interfere with the City's full enjoyment of its rights hereby granted; provided that the Owner and Contract Purchaser shall not erect or construct any building, fence or other structures; plant any trees, drill or operate any well; construct any obstructions on said easement area; or substantially add to the ground cover of said easement area. Owner shall maintain the area surrounding the easement areas free from weeds and debris; shall in no event fill or permit the storm water storage area to be filled in; and Owner also agrees to maintain itG land so as to minimize erosion in and around said easement areas. The Owner hereby covenants with the City that it is lawfully seized and possessed of the real estate described above, and that it has good and lawful right to convey it or any part thereof. rr-: ... .. ,Jl '0- . -.. -.- -.. -~ "iQ,), ''0 I, ! , Sq<6 ~/S 10 ~:;.;;f~.~:,~;',},"J; ,.t ~...:;~.:~.;. , ' .;,~' , . , , ". . ,'. '. " '. ,,', . . -' .'. '.,'. . '- . .::..:~ ,.:'.~~......-.:;.:.;.~",.~...,,,,..-,,<.,";".U,''!'':I.i.-;;<:";i0.;;=-.c..::..,,-...,,,.~\li~;,B_~~~_ f . .' . : i . : : Nothing in this Agreement shall be construed to impose a requiremenlon the City to install the original public improvements at issue in this easement. Nor shall the Owner be deemed acting as the City's agent during the original construction and installation of said improvements. The parties agree that the obligation to install the public improvements herein shall be in accordance with City specifications, and the obligation shall remain on the Owner until completion, and until acceptance by the City, as provided by law. , , ! Owner further agrees that its engineer shall promptly, upon approval of this Agreement, revise the mylar drawing of First & Rochester, Part One, which is on file in'the City Engineer's Office to show the new easement and remove the original easement released by the City in conjunction with the execution of this Agreement. ,'i " i , ! This easement shall inure to the benefit of and bind the successors and assigns of the respective parties hereto. All covenants shall be deemed to apply to and run with the title to the land. SIGNED this i!) day of ~ . 1994. '. , '. ". PLUM GROVE A RES, INC. I2Sk i: .\'t BY: B uce R. Glasgow, Presid t B~"'.1f'&~ Frank Boyd, Secretary '" , , , ';-:-::"'':' I" .t \} CITY OF IOWA CITY, IOWA BY: ">h Su n M. Horowitz, Mayor s" ~',." ti ~....(-~ ", ( . ,~ , \1 · "1.'1 ~ ;; " , 1:1 I" ''''''1 BY:.1Jr?M~~( ~ ~;/ Manan K. Karr;',Clty Clerk , . '. ~,' ,II \ r I , ,J I :f,i i , i ~ . , ' \ 'j , I, , I , I , ' '. .i " Ii' I ii' , ! I" i I : l ! li I " . .. ' ;\...;:;..l / ::. ; " , 1.\ )\ ,\, I" -""-' :.... . , , : ,.. .",. Sq~ ,., I,'.' ., "",0' ' 1',',"1-',' . .....: . ,'; ':.'.r~ .~;,l.,.': . "I , "\i:'.:""'" "r,\'i""'''';'~''.'\''''I::'''': ..'i ' , , :IS '.IL . ,',",'(" 1 " " o ," ,I i I I I , I ., ., ,~ \'"'0''\,''' i/ ,-,.:. .....,-.'1 ,j'.\ ~{,\.:~:\:.:.r;:\ :': J::"~,;:~':,"/~' .' , " 'j' , " " J' " '-'I STATE OF IOWA ) )SS: ) " , I , " JOHNSON COUNTY ! On this 15 day of March , 1994, before me, the undersigned, a Notary Public in and for said State, personally appeared Bruce R. G1asgol-and Frank Boyd , to me personally known, who being by me duly sworn did say that they are the President and Secretary of the corporation executing the within and foregoing instrument, that no seal has been procured by the corporation; that said instrument was signed on behalf of the corporation' by authority of its Board of Directors; and that Bruce R. GJ asgow and Frank Royrl as officers acknowledged the execution of the foregoing instrument to be the voluntary act and deed of the corporation, by it and by them voluntarily executed. I '. - D.L. CHELF Ilf COMMISSION EXPIRES /ill'! 7. 1996 I,' . ':'1 . , I "",,' Notary Public in and for th tate of Iowa " ,I I c STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this 1.5/!:. day of ~f'C~ , 1994 before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Susan M. Horowitz and Marian K. Karr, to me personally known, who being be me duly sworn, did say that they are the Mayor and City Clerk, respectively of said municipal corporation executing the foregoing instrument; that the seal affixed thereto is the seal of said municipal corporation; that said instrument was signed and sealed on behalf of said municipal corporation by authority of City council of said municipal corporation; and that the Susan M. Horowitz and Marian K Karr acknowledged that execution of said instrument to be the voluntary act and deed of said municipal corporationand,by them " "J _,/ voluntarily executed. ' ' , . , ,'" , ~nt::d ~: : {"-,-- Notary Public in<\rid f6rlthaState of, Iowa ": ,:, ii,!, ',I. . " , i 'i i ~'~ ,! 'd" r--', \ " " " ""'j .'> ~;... " ~ 'J ',, J \ ",1, , I, " ' 'oI):i. ' i I , I " , ~: I lJ. l"'" " , , , , ~!' i1 I.J. t.~' 'fl "I, ,j 5q9 " ( o i ,',.. -, ~- ",.,.' ";,),,, .'"..':,:,:,:;',,0...',/,' .,i:'" , ..\ .. ',"" .' ," " y, ",' . \ r" ' ....,: : \: . , " "~'. "'j' , .j',; '" . , .::," :' /:,.' ;\~ :''--''":~'~'','' '<'"'::~:''''''' ';": \ """~ t' e. ...,~ I ",'I~,~, i'::~f.' ')5 . '. ' I " "I""'::; \I" O. ,. ,..;;..,.~.". ., " ::!. . -AM. ____~ .';~>::t~;..j' ,.-..... , ( . \ ....:..'-l \' \, ! \, I : f' 'I i i ,. , I I I I I :~,' : , . , :~,'.. {~'i~r(~,j' :; [~~'i 1 : )\~l , ' 1,.--,<'\ _ "~ ,~, ",' . M . " -. : I IIW CaR. Sire, 12, r7~N, R'''' a~ rNIr 5'.!!f',-'I.- ., '.\; ,.1\\, o . ~ 1 . .,...,L.,,,.. . ,,-' .,,'. ',,' -'.-----0'. .-'..-, .........-...-......-,...... EXHIBIT A .4"<:> 't'o,""S- r. ,""-9,, ~ I~ l>' CO/9'11" ~~ R: 780,00' ~ V ~H~ ~'.~~: ~ C". SliNG.: _ S 17035'.,,0. W '\)0 ---- $811>'0 -_____~/Q~Nc ~f:,t1 /8' ------.:. -.... ---- t 1\ II , l\j \1) . (l) ~ tIi · iii I) \ \l \ I $C/iU'.' I" "100' \ \ t~ ~ ~ ~ 1-- 1189023'13" G' \ ------------- I\i I) . I) 1)1 ~I k l'\ (l) I\i f'a'Nr 01' BI!61NNI1<I6 A: 1400~.t10" R: 780.00' (., 1:11.(.5' '---f elf' 191.17' eN. SIIIHG. J N~,,0"7'3S"(! l- II \J .- J~S.l'l' 584033'25.1'1 i""'Io AllEN W. WOLF ~ ~ MY COMMISSION EXPInES o May 10, 1996 I certify that during the month of March, 1993, at the direction of Bruce Glasgow, a survey was made under my supervision, of the tract of land platted hereon and the boundaries of said tract are as follows: Commencing at the Northwest Comer of Section 12, Township 79 North, Range 6 West of the Fifth Principal Meridian; Thence SOoo02'26"W, along the West Lot Line of Lot 38, First and Rochester, Part One, Iowa City, Iowa, according to the recorded plat thereof, 90,00 feet; Thence N89023'13"E, 287.78 feet, to a Point on the Westerly Lot Line of Lot 44 of said First and Rochester, Part One; Thence Southwesterly, along said Westerly line of Lot 44, 4.35 feet, along a 780.00 foot radiUS curve, concave Northwesterly, whose 4.35 foot chord bears SI7035'40"W, to the Point of Beginning of the Drainageway Easement Area and Stormwater Storage Easement; Thence S86000'OI"E, 264.18 feet, to a Point on the Easterly line of said Lot 44; Thence SOoo02'26"W, along the said Easterly line, 122.38 f~et, to the Southeasterly Comer of said Lot 44; Thence S84033'25"W, along the Southerty line of said Lot 44, 345.17 feet, to the Southwesterly Corner of said Lot 44: Thence Northeasterly, along the Westerly line of said Lot 44; 191.65 feet, along a 780.00 foot radius curve, concave Northwesterly, whose 191.17 foot chord bears N24047'35"E, to the Point of Beginning. Said tract of land contains 43,881 square feet, more or less, and is subject to easements and restrictions of record. I further certify that the plat as shown is a correct representation of the survey and all comers are marked as indicated. \\\\\1111111111111 \\\ 0 ~ '" l~~~,..,:,.'11IQ'\, "f!"~ ";')5)-",1-"," ~~r'<:"\:J' '~1i",\?~ ~ Q; ,/{O <"':~" g i """'6 0\:4 ..' I!I"l . - ~",.: - - - . . ~ '",I' : ~ . ~ Robert D. Mickelson, L. My Biennial Registrallo , . ,.. " t~',,: v:f1:~~i\,J:'-' I" , r;"~..' [~ I 1 f ~. I 'I ~~ 1',1 fl r r II , ~[J ,'ill.~ ~/O 't'O~y ;>: 'l'-9I, /III' COR. S~~. 12, r7~1I, It,ll' fJ,r TII6 5'.1!f',tI'I.- ~ ~ l>' O.'9'1/" ~ fl: ?80.00' ~ G' 4.9S' V eN' 4.9S' \} C"".81111(;,: __ SI?SS'''O" II' '\)0 ---- -_._,!8.!!.~~'E/NC eGt1,/8' ---------'=-"'" I ~ ~ ~ ' ~ ~ iii · iii \) , i;) \ j SeA'.!" I" = I()O' \ . o ~~ : ~ ~ L 'V Y 1189~23'13" (; , ------------- III I) . I) 1)1 "'1 ~: 1400~.tI()" 17: 780.00' G: 1.91.~S' ~ CIf' 191.17' CH, SANG I 3 1I.?4.47'3S"~ 5801.33' 2S" IV , " , ~ r.: 0) III " I) \J .545.1'1' - i'''''Io AllEN W. \YOLF it",: ~ ~ MY COMMISSION EXPlnES ow May 10. 1996 I certify that during the month of March, 1993, at the direction of Bruce Glasgow, a survey was made under my supervision, of the tract of land plaited hereon and the boundaries of said tract are as follows: Commencing at the Northwest Comer of Section 12, Township 79 North, Range 6 West of the Fifth Principal Meridian; Thence S00002'26"W, along the West Lot Line of Lot 38, First and Rochester, Part One, Iowa City, Iowa, according to the recorded plat thereof, 90.00 feet; Thence N89023'13"E, 287.78 feet, to a Point on the Westerly Lot Line of Lot 44 of said First and Rochester, Part One; Thence Southwesterly, along said Westerly line of Lot 44, 4.35 feet, along a 780.00 foot radiUS curve, concave Northwesterly, whose 4.35 foot chord bears S17035'40"W, to the Point of Beginning of the Drainageway Easement Area and Stonnwater Storage Easement; Thence S86000'Ol"E, 264.18 feet, to a Point on the Easterly line of said Lot 44; Thence S00002'26"W, along the said Easterly line, 122.38 f~et, to the Southeasterly Comer of said Lot 44; Thence S84033'25"W, along the Southerly line of said Lot 44,345.17 feet, to the Southwesterly Comer of said Lot 44: Thence Northeasterly, along the Westerly line of said Lot 44; 191.65 feet, along a 780.00 foot radius curve, concave Northwesterly, whose 191.17 foot chord bears N24047'35"E, to the Point of Beginning. Said tract of land contains 43,881 square feet, more or less, and is subject to easements and restrictions of record. ,.- J:: , \ \ \ o I further certify that the plat as shown is a correct representation of the survey and all comers are marked as indicated. ~ ,. , I' I Signed before me thi ,f/} e IA. Reg. No. 7036 expires December 31, 19~. ~ day of - ~I{ It , 19$. Robert D. Mickelson, L. My Biennial Registratio . !" . f , . Notary Public, In &. 0'-' '~ '1'/' 'I" ~' ,,~ ;';/ ? ''I' I SURVEY REOUES'EO BY, l [\'[,()Y[RkI'lNl (ORkER l'ml E "PROPER,vCORkERroUHI' I 0'SI8" 10' IRON Plk WI PROJ[(I k UtAPSEI linE = 0 -.-EIISIlkGrfkll ~ m . RfV Wk ::l DAlE BY Ii'(..$ wmkl III11.OCR: O'?,lUNA6tSW"i'I CI/SemeNr /lR~A /lNO SrOIUI?W/lrcR SrO/l;9Ge' CI1Se'/11e'Nr toor <f4d FIRS7' I9NO l?o~He'sre'/I, PI//l7' Nt IOWI/ aIr/, IOWI! 1I~ APP OAI[ SCAlE BY, BV: ems 4-20-:;8 I": 100' ~- .( 0 -' . , ---~ -, -- \\\\\111\11"'1/1 III 0' I" ,"'n\ . 1't'Jr!."I/ ~'~~,",.,....,.. ":'"'1.,,11/ S' r,~:;,'~,G\SrJ.""~~~ ~ ~. ~ ~~. , ~ q;/~ '~'" 1 2 : 7(1'6 Cl, z: S '" ~.:; : ~ ; '," ... :: . '0 . ~ 0;.(. ", WP-' ,: ~ 0:. " .:- ' '.,,1',;.0""...,, ~" 11"111' SURvt'lq~II' "'''ltttlt1''\\\ a MMS CONSULTANTS, INC, M IOWA CITY . IOWA ~ 319'351-0202 r,B, No, PROJ,II 31t;, kUIIBfR 101. lit e sqg id ~ T . q.. ) ! it.. 4, ,,) ., .' ~. }~ ,'~! (3 ') ,r- I ' { \: <,\ ~ ~' ;'T'j ,~ , , , I 'f I' ',~', 0-::":/,' '" r .': 'l'~;~~' ii~,i,I',', 1..1"'" . :~.j;,' I ' ....-,."\ "Co .' ~, .~: .. ,0, "t" . . '.~ t,:; " '.' M . ," . .^....;, , '". "'. . . . ._'- .'"'' .....',-,.' ".- ,,,~,,,,,'-''''- ._,~ ",..j....' , ... . ...,......... '''-'' ..._. ._.'~- ......-..--.---- -_..~ (C~~r DRAINAGEWAY AND STORMWATER STORAGE EASEMENT AGREEMENT This Agreement is made by and between Plum Grove Acres, Inc., an Iowa corporation, (hereinafter "Owner"), and the City of Iowa City, Iowa, a municipal corporation (hereinafter "the City"). NOW THEREFORE, TH PARTIES AGREE AS FOllOWS: For the sum of One Dollar and other valuable considera ion, receipt of which is hereby acknowledged, Owner here y grants and conveys to the City, an easement for purposes of excavating for and the instal tion, replacement, maintenance and use of such drainageway lines, pipes, mains and condUi and such other facilities as he City shall from time to time elect for conveying and storing s rm water together with all ecessary appliances and fittings for use in connection with said lin s and facilities and ade uate protection thereof and also a right-of-way with right of ingress an egress thereto, over nd across the premises designated and legally described on the plat ttached hereto a Exhibit A and incorporated by this reference (hereinafter "easement are "). in connection with the easement: 1. The right to grade said ease ent rea for the full width thereof, and the right to extend the cuts and fills for such gradin . to and on said land along and outside of said easement area, to such extent as the Cit~ ay find reasonably necessary. 2. The right from time to time trim, cut down and clear away all trees and brush on said easement area and on either s' e of sai easement area which now or hereafter in the opinion of the City may be a hazar 0 the wate ain, storm sewer and/or sanitary sewer lines, or may interfere with the exercis of the City's hts hereunder in any manner. The City shall indemni the Owner against ny loss and damage which shall be caused by the negligent exercise of ny said ingress or egre s, construction, use or maintenance rights by the City or its agents employees in the course of their employment. ! The Owner re rves a right to use said ease ent area for purposes which will not interfere with the Cit s full enjoyment of its rights hereby ranted; provided that the Owner and Contract Purchase shall not erect or construct any buildin fence or other structures; plant any trees, drill or 0 rate any well; construct any obstruc' ns on said easement area; or substantially a to the ground cover of said easement area. Own shall maintain the area surrounding the easemen ~reas free from weeds and debris; sh in no event fill or permit the storm water storage area to be filled in; and Owner also agre s to maintain its land so as to minimize erosion in and around said easement areas. he Owner hereby covenants with the City that it is lawfully seized and possessed of I late described above, and that it has good and lawful right to convey it or any part '~_ ~~~~~.- ,)"..,., ,', jC;f . 'j ~ Iti. , 0, J .}:-- 1,1'. " ", ',' __ _ __________...____.u._ 0'_' . .; J''''~ (I ,..oJ,,"'1 \1' \1' :..:;:=r-~ /' i i ./' ~ ,IL.O Nothing in this Agreement shall be construed to impose a requirement on the City to install the original public improvements at issue in this easement. Nor shall the Owner be deemed acting as the City's agent during the original construction and installation of said improvements. The parties agree that the obligation to install the public improvements herein shall be in accordance with City specifications, and the obligation shall remain on the Owner until completion, and until acceptance by the City, as provided by law. Owner further agrees that its engineer shall promptly, upon approval of this Agreement, revise the mylar drawing of First & Rochester, Part One, ' ich is on file in the City Engineer's Office to show the new easement and remove t Iginal easement released by the City in conjunction with the execution of this Agree I. This easement shall inure to the b efit of and bind the successor and assigns of the respective parties hereto. All covenants hall be deemed to apply to a Cl run with the title to the land. 1994. SIGNED this day f Bruce R. Glasgow, President BY: Frank Boyd, Secretary M. Horowitz, Mayor BY: Marian Karr, City Clerk "r "'1' . I' " ,....' .,,\<, ;..' " "Ii: __'. :,1,,;' ,'. ',,',' ..",',.'.1 ' · ~ ,),.....'..0"........".,',..,"",.. ", "":<:;"",:'::.::'/';:;:,;;:t OJ~.,.:::,:;<":,, '/,,:,/~'.:.~:'.\',i""" ':\ "'" ,..:",.,..",\&.,..:, "\",,, , . ';''''':;1.,,,: 'I..' ,; .-:I~,"~''':'' .,.,J/,...., , . . n~ ..... I J;. ',\ ,\ '. """:':i""i~L"'\'I'-'oi'f. , ,.,' <'1 r;:: ,;.'" ' .;, : :",~:',R <.'";",,),,,,',,'u,A~:, ~--"::,:.,,:Y:::_:",~~'! .;-:, . .<:li!m.I, :~;-".:-./.'-,., . " " ,,.. J; f'.~4 \ ' \ \ ~ ~.;:"" I' ~\ I I I r~ Ii "\..1 "j '.~~" .' , .. "1 ' '. .~~:_~~.~:.:..tn,~.~~.'~~;"i~~;~,~~::~~;,;"",i.~.fu>'~'~'~~' '.l~.c~~i~:u~,_~_.~>_ .' , . on' ...__. _.~._ ......:..._~_~~.~:--.:~_.:..__~.~. STATE OF IOWA ) )SS: JOHNSON COUNTY ) On this _ day of , 1994, before me, the undersigned, a Notary Public in and for said State, personally appeared and , to me personally known, who being by me duly swom did say that they are the _ of the corporation executing the within and foregoing instrument, that no seal has been procured by the corporation; that said instrument was signed on behalf of the corporation by authority of its Board of Directors; and that and as officers acknowledged the execution of the foregoing instrum.ftAHlfbetne voluntary act and deed of the corporation, by it and by them voluntarily exec tecI. Nola~ Public in and for fue ~, of Iowa STATE OF IOWA JOHNSON COUNTY ) ) SS: ) On this _ day of ,199 before me he undersigned, a Notary Public in and for the State of Iowa, personally appeare Susan . Horowitz and Marian K. Karr, to me personally known, who being be me duly sworn, id s that they are the Mayor and City Clerk, respectively of said municipal corporation execu' g the foregoing instrument; that the seal affixed thereto is the seal of said municipal cor r tion; that said instrument was signed and sealed on behalf of said municipal corporatio yau ority of City council of said municipal corporation; and that the Susan M. Horowitz a Marian K Karr acknowledged that execution of said instrument to be the voluntary act a deed of sai municipal corporation and by them voluntarily executed. otary Public in and for the State of 10 a o e~: '.."""" " ,,"'.""'_," '\' .,,' , , . ,,'. .",,'. . I ,'., . ~. .. ,".,'" " , I I '\'1 " 59! " 'Ii' """"'"., '2'5,:" .rdi, . '('" ,:,:....,..,.'"" /",.-('1, 0: , \ ! ..\ , -.\ \l \l ~,..,.: r,.(.~ : 'I I' , I.,.. I' , " i ~~ , \ ' , 1; ,Il~ ~! :~J~ 1,;".01: '.' f111m , , ..0 - , ." ~ o ., M . . :. ~t: \' '. ..'t. .....', ". . ~ ,,_~~1.: ,. EXHIBIT A ~ . ~/C-t: 0",1' IIW CDA. $~~. 12, r.,~1I, ..,,,, OF Tli8 5'.!!P.,I1.-- $~A'8 t /#1 r: 100' \ ~~ I ~ ~.t..- II0p-aS'I.9N G 287.78' N ------------- ~ . ~ ~I '>1 I A. O."'//" R: 160.00' La 4,~S' eN' 4.J$' '\} C,/. /JAil',' k $ ,,-,g's,.,O"J" v r. """'''( -;::--.." " " \ k ~ ~ ~ -- _,!8~.OO'O/"~ ~4<1f1 I(J --------.:. , ---I ~ ~ ~ ' ~ III , ~ III . III ~ , ~ \ 7 A: 14.0~'~(JH R: '60,()O' (. s ,$1.(.$' '--f eN' 19/./'1' CN.8ANG.1 N,p".4"'35"~ -- . ".., ALLEN W. WOLf fA'" MY COMMISlIOI !111m .... May 10. 199B I certify that during the month of March, 1993, at e ectlon of Bruce Glasgow, a sUlvey was made under my supervision, of the lract of land platted ereon nd Ihe boundaries of said tract are as follows: Commencing at the Northwest Comer of S lion 12, To nship 79 North, Range 6 West of the Fiflh Principal Meridian; Thence SOO'02'26"W, ong the West 01 Line of Lot 38, First and Rochester, Part One, Iowa City,lowa, according to the rec rded plat lhereof, 0,00 feel: Thence N89'23'13'E, 287.78 feet, to a Point on the Westerly Lot Line f Lot 44 of said 'rst and Rochester, Part One; Thence Southwesterly, along said Westerly Ii of Lot 44, 4.35 feet, a ong a 780.00 fool raolus curve, concave Northweslerly, whose 4.35 fool chor bears SI7'35'40"W, to th Point of Beginning of the Orainageway Easemenl Area and Stonnwater S rage Easement: Thence S 'oo'OI'E, 264.18 reet, to a Point on the Easlerly line of said Lol 44: T ence SOO'02'26'W, along the aid Easterly line, 122.38 fp,et, to the Southeasterly Comer of said L 44: Thence S84'33'25'W, along t e Soulherly line of said Lol44, 345.17 feel, to the Southwesterly Co er of said Lot 44: Thence Northe lerly, along the Weslerly line of said Lot 44; 191.65 feet, along 80.00 foot radius curve, concave No hweslerly, whose 191.17 fool chord bears N24'47'35'E, to the P. Int of Beginning. Said tract of land conla s 43,881 square feet, more or less, and Is subjecllo easem Is and reslriclions of record. Woo'll,," " ~u:: 6'!iGI1",Iut(QIlIll' i~" ~ ,.p.(tIUf f()l~"OO_~ III o'~'A' I \Il'llGlImWl II I', m 'JI PI?1(1 D ..,-... I mm(, ,,~u III O,UUNACllfWIlt' ,!'1'I~efTI6Nr 191(4'14 /lNO SrolltnW,fr4"N Sro"""~4' 4'ASd',n6Nr (..or ~4.J ~/".sr /1No l?ocN,.srl,#f, PAil r UN" /i3WA airy IOWI1 \IW UP flAil stll( , '" Cms 4-20-:J!J I". IdO' mr rvey and all comers are marked \\\\\\\Il~lIlhl/lI'" ,in.."'\ \.'. },f/C\I lr.~':'\S;' , f,.:.... or:P<,J' Ie""",^,, ,Q,>,~ ''(<\','0' E ! 70 0':2; ~: ~5:: .. . . : . '." : , \.."....0 .... g _'A' W'. . \1:"f4'd'..... ro, ~ l 'lJ111 SURYi,,(:i,\\\\ IIIIIIWlllIll",I\\1 ~ MMS CONSULTANTS, lNG, M IOWA CITY , IOWA ~ 3IN51..281 f.J.1Io ~~~I 31' /0/-/4 2 o .'.' .. ,.. . S9f )S' ~D' .mir-J' ~-'... , ,\ ,~.\ \ '\ \, \\ , \ " . '.";:""-\ " , , r I \, :1 I" ' ! I I ' I, I' I : I 'e I I. ' '. i i i -.'; 't ',' ~ i ~ " ,'ll, (~ . ~~ '.', '. L..........; ..; .' 0, .~. i M . "~t> ...,\1.. , . "~., ( '. . ~. . . ~. I I I I . 'H'_'" ., t(g~V STORM SEWER AND DRAINAGE EASEMENT AGREEMENT This Agreement is made by and between Plum Grove Acres, Inc., an Iowa corporation, (hereinafter "Owner"), and the City of Iowa City, Iowa, a municipal corporation (hereinafter "the City"). NOW THEREFORE, THE PARTIES AGREE AS For the sum of One Dollar and other val able consideration, receipt of which I hereby acknowledged, Owner hereby grants and conv ys to the City, an easement for pur oses of excavating for and the installation, replacement, maintenance and use of such storm s wer and drainage lines, pipes, mains and conduits as th City shall from time to time elect for nveying storm water together with all necessary applian es and fittings for use in connectio with said lines and adequate protection thereof and also right-of-way with right of ingress and egress thereto, over and across the premises designat d 20 Foot Wide Storm Sewer nd Drainage Easement and legally described on the plat atta hed hereto as Exhibit A an ncorporated by this reference (hereinafter "easement area"), Owner further grants to the City the follow g rights in conne 'on with the easement: 1. The right to grade said easement area for the=ull 'ath thereof, and the right to extend the cuts and fills for such grading into an on sai and along and outside of said easement area, to such extent as the City may find eas ably necessary. 2. The right from time to time to trim, cut do and clear away all trees and brush on said easement area and on either side of said sem nt area which now or hereafter in the opinion of the City may be a hazard to the wat main, st I'm sewer andlor sanitary sewer lines, or may interfere with the exercise of the C' 's rights her under in any manner. The City shall indemnify the 0 er against any loss nd damage which shall be caused by the negligent exercise of any sa' ingress or egress, cons uction, use or maintenance rights by the City or its agents or emg yees in the course of their mployment. The Owner reserv a right to use said easement ar for purposes which will not interfere with the City's ~ enjoyment of its rights hereby grante ,provided that the Owner and Contract Purchaser s ail not erect or construct any building, fence I' other structures; plant any trees, drill or opel' e any well; construct any obstructions 0 said easement area; or substantially add 0 the ground cover of said easement area. The ner hereby covenants with the City that it is lawfully sized and possessed of the real es te described above, and that it has good and lawful right convey it or any part thereof. Nothing in this Agreement shall be construed to impose a require ent on the City to install the original public improvements at issue in this easement. Nor sh II the Owner be deemed acting as the City's agent during the original construction and ins allation of said o 0, .t"," ' 59f I i5 ~' 0, '.-i., ~:t/lli~. ,. . 'c' '" r' , ' ..\ : '-', \\ \" ~ T'I I I ~ ! I i I I I ; I I~'; I ,i j , , ,i~i,' c, ," ~ "1,,'" ~ ~( L_..'\ ~~ / i' ., M . " " \~ ' : , _ ..1 ~ \ I ',',\ <~, " ..." ....;\ , "'" . P' . I , I i I .._._,.'_' _..__.":"_A .,~__...:...._~;_". ,- _.....~...,_.~.."...~..,.,....". .'~' "...,;."..- -,- ....~" ~ ,"... improvements. The parties agree that the obligation to install the public improvements herein shall be in accordance with City specifications, and the obligation shall remain on the Owner until completion, and until acceptance by the City, as provided by law. This easement shall inure to the benefit of and bind the successors and assigns of the respective parties hereto. All covenants shall be deemed to apply to and run with the title to h~ ' SIGNED this day of 1994. BY: Bruce R. Glasgow CITY BY Ma 'an K. Karr, City Clerk STATE OF IOWA JOHNSON COUNTY On this day of , 1994, before me, the undersigned, a Notary Public in and for said tate, personally appeared and , to me personally kn n, who being by me duly sworn did say tha they are the _ of the rporation executing the within and foregoing in trument, that no seal has been procured b the corporation; that said instrument was signed n behalf of the corporation by authority 0 its Board of Directors; and that and as officers a knowledged the execution of the foregoing instrum t to be the voluntary act and deed of the corporation, by it and by them voluntarily executed. ^ Notary Public in and for the State of Iowa o ,,0 ' ,. .\, " .''', -' ...' I"~ 59f F 1'5 R D ,l[]. , .,,'.' '," "', :,:,,;":,:,:i:'/;":,.~::", mm~"""'.':':i ~;. :;.;ii . -', n ~,\: \\' ~ " '"" IT'l 1 ~ i I I , I I, I ,~. I It) ~~ ,I.,: .~ On this _ day of , 1994, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Susan M, Horowitz and Marian K. Karr, to me personally known, who being be me duly sworn, did say that they are the Mayor and City Clerk, respectively of said municipal corporation executing the foregoing instrument; that the seal affixed thereto is the seal of said municipal corporation; that said instrument was signed and sealed on behalf of said municipal corporation by authority of Cit council of said municipal corporation; and that the Susan M. Horowitz and Marian K Ka cknowledged that execution of said instrument to be the voluntary act and deed of said unicipal corporation and by them voluntarily executed. ': STATE OF IOWA ) ) SS: ) JOHNSON COUNTY o , 'I' , , " ~~. , ;:1:" '. .~ ~ I ';1 Notary Public in and f r the State of Iowa , .. I }, \ 5r( ~.:' ", '."';["::::"';, }S' I'" ,J,,': , 0', " ','" . "". ';', ',,:,! . ~ .." :' ~,' . " , .!.:~2.!';;~~' ;' 't ....' , ,. " .~\. \ \ \ ~ ;'-r 1 I, I~ I I I ! ! h ll(.~ , I Ii ~ '. .1 , .- ...., ,". , ~ j I I ., '^ !.... ,', / , . ....:~t':\...j , .., " '. .-,.. .,. . , .' , ~ , , .'R'f 'fl" '. , ...... . " " '..._' ~"~"""'~"'_~;"I_,~.,,;2;.;j,,:~.~..L..:,-~,~,.;.;.:.w":":'....r"~'_..-.~.....~"-..~_~.__ . ." '..:. ....,'__,...,...,_..._:_,__".._""__".._,_:~_ a.....___ ; I certify th~t during the Month of J~nuQry, 1994, ~t the direction of Bruce Gl~sgow, Q survey WQS M~de under MY superviSion of the tr~ct of IQnd plQtted hereon, the boundorles of which ore described os followSI COMMencing Qt the Northwest Corner of Section 12, Township 79 North, RQnge 6 West of the 5th Prlnclpol MerldlQnJ Thence SOO'02'26'W, along the West line of Lot 38, First Qnd Rochester PQrt One, 10WQ City, IOWQ, Qccordlng to the recorded plQt thereof, 90.00 feet) Thence N89'23'I3'E, 287.78 feet to Q Point on the Westerly line of Lot 44 of sOld First ~nd Rochester Port One) Thence Southwesterly clone s~ld Westerly line of Lot 44, 196.00 feet on 0 780,00 foot rQdlUS curve, conCQve Northwesterly, whose 195,49 foot chord be~rs S24'37'59'W, to the Southwest Corner of SQld Lot 44) Thence N84'33'25'E, Qlong the South II ne of SQ I d ,Lot 44, 345,17 feet to the Southeost Corner thereof J Thence NOO'02'26'E, Qlong the Eost line of SQld Lot 44, 28,22 feet) Thence N89'57'34'W, 10.00 feet to the Point of Beginning) Thence N89'57'34'W, 20.00 Feet) Thence NOO'02'26'E, 226,30 feet to Q pOint on the South Rlght-of-WQY Line of Hickory Trol I) Thence Southeosterly Qlong sold Rlght-of-Woy line 20.25 feet, on 0375,00 foot rodlus curve, con cove Northeosterly, whose 20.25 foot chord beors S8I'OI'24'E) Thence SOO'02'26'W, 223,15 feet to the Point of Beginning. SOld troct of IQnd'contalns 4,493 square feet, More or less, and Is subJect to eoseMents and restrictions of record. .. ... 0: ...- ......Ill o:cn ;:..~ ,.. , ;:iii.. .... e:iiJlo "':1 .. .....:1 e.. .. II ~ \~ wY R[1lW1tII B" [ further certify that the plat os shown Is a corr surve and oIL corners ore Marked 5 Indlcoted of the 2-( ~-9 eg, No, 7036 31. 19 '1'( , . 19~. Robert D. Mlckelso , L.S. lA, My Blennlol Reglstr tlon expires DeceMber ~ doy of No tory P Stote of C. In 8. for \\\\1"111111"11// \" <"" f:" "/ '1 \\\\-< ~. tl,Ck~ l~<(;.\,"\'S' Ti,;"X'~ '" j(?:,.!vG\ c,?.... % E~:'<(' ~" ~.: = : v ,e;.: ~ ~ 7035 ~ - , - \ \/ : i ~ ..'"OW....,.. $ ~<.. '. r'. '" ~ \'l/~VI........'''\.<::)~\'\\ ""'" SUR~~,,\\\\ !LJ NORTHWEST CORNER """""111'\, I SECTION 1 2, T79N-R6W :::J ~ ~ 5th P.M. I ? o 1Il 6. 03'05'37" /1~ 375,90' T = 10.13 L = 20.25' CH = 20.25' CHB = S 81'01'24" E N 89'23'13" E 287.78' ~~ :j I ~II ~I 20' \\1DE STORM SEWER AND DRAINAGE EASEMENT S 00'02'26" W 223.15' N 89'57'34" W 10,00' N 00'02'26" E 28.22' 6. = 14'23'51" R = 780.00' T = 98,52' L = 196,00' CH = 195.49' CH8 = S 24'37'59" W N 89'57'34" W 20,00' N 84'33'25" E 345.17' POINT OF BEGINNING IllIIDlT mlI twa: L /::, COItRNll COONER ~ E 0 PRa'ERlY ER fOJllO nnr:20' StorM Sewer &. G 15/8'00' L5.CAJ>SE1 ~ -J-H~SllNOf[Nc(LmE ~:el LOT 44, O-PROPERlYUNE RD D ~ * 02/18/94 rt DAM [ IMI MMS CONSULT""" IN. M Iowa. City, Iowa. ~ 319-351-8282 Dro.ino.ge Eo., eMent FIRST & ROCHESTER PART ONE IDWA CITY. ID"'A P NO R - o J SCALE 1 '=~OO' fNO B - o * 02/11/94 [ C H K A P P R 101-142 316 RDM CMS EXHiBiT A 59! ",' \",. IS 10; o . " ",0 . ....,,',.... ...<:..., ". ' ';,'i'-". \.,..<, ">;C . '.'; "",. : '_ _. .~,~'..v .--':"r__,"'~:.~~~L~i~~:~~;".,;;:a.::.:';~"~'~'~'''A~;':':''':;:';;';:.iw:....,..;..,.~,:.,;;,:..~.:.:_~~,~~.,'.. ' , '" ',.,' ",I I I ii I , "-;'"',. . '-"1,0:"" ~':: "-.~'''''~ \ '. :....r),t:.::....:. ,',. ""_:':~\W,' ..".. ~. ,.:.. ." . .-~,\ , , ~ " ",..'" ._._~'.~;,......;....-~:..""..,....",..."........""'~,.;..--'-'-,,;...""^"'''''-'''';<>~~....:~..:.,.,,:.:....:A'~A"':':"'~"" 1Y'J-9 March 8 , 1994 The City Council of Iowa City, Iowa, met in Special session, in the Council Chambers, Civic Center, 410 E. ,Washington Street, Iowa City, Iowa, at 7: 30 0 I clock L. M., on the above date. There were present Mayor Horowitz , in the chair, and the following named ,Council Members: Baker. Horowitz. Kubby. Lehman. Novick. Pj~ott. Thro~morton Absent: None * * * * * * * " .-.......!. \ I I I ! '/ II ;., j " , I I I" [I :> i 'J ~. co,' , " ..... -1- AHLERS. COO~'EY, DORWEILER. HAYNIE. SMml & AllBEE, PC ATTOItNIYI AT LAW DII MOINII.IOWA 60' .\',: o '-;'~iF.-,T,~~>i"i, .,'. " 5' " . . '....!-.. . ..' "",', .',. I"."" '''O-i,:" (, ~' ''>~~'"'''' I:~"~'"'' J '-', , \ \1 , \ ~ . " ,.~ '1\1 I. !: I I I,' I I, , II , I . ' ! , , I I . Ir~ i :~'~ I " .~, .f , " ",~t:.\'I' " . .... M . ',' " '.". , '-. . ,I': " "^'__"_ ;C'..:',,, ..':0.." ...'".' '_"",.. "~"~"'"'_""_"""_"" . ..~_... "....,.".-_,.... : _",.co,~, ,:....". , Council Member R~kpr introduced the following Resolution entitled "RESOLUTION FIXING DATE FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF $6,940,000 GENERAL OBLIGATION BONDS (FOR AN ESSENTIAL CORPORATE PURPOSE) OF IOWA CITY, IOWA,'AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF", and moved that the same be adopted. Council Member T.ehm~n seconded the motion to adopt. The roll was called and the vote was, AYES: lln""'J; t~ Knhhy. T.ehm~n. No"i ok I 1'i gott , , ThroQmorton. B~ker NAYS: None Whereupon, the Mayor declared the resolution duly adopted as follows: Res. No. 94-68 RESOLUTION FIXING DATE FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF $6,940,000 GENERAL OBLIGATION BONDS (FOR AN ESSENTIAL CORPORATE PURPOSE) OF IOWA CITY, IOWA, AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF WHEREAS, it is, deemed necessary and advisable that the City of Iowa City, Iowa, should issue General Obligation Bonds to the amount of $6,940,000, as authorized by Section 384.25, of the City Code of Iowa, for the purpose of providing funds to pay costs of carrying out an essential corporate purpose project as hereinafter described; and WHEREAS, before said bonds may be issued, it is necessary to comply with the provisions of said Code, and to publish a notice of the proposal to issue such bonds and of the time and place of the meeting at which the Council proposes to take action for the issuance of the bonds and to receive oral and/or written objections from any resident or property owner of said City to such action; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: section 1. That this Council meet in the Council Chambers, Civic Center, 410 E. Washington Street, Iowa City, Iowa, at 7:30 o'clock 1....M., on the 29th day of ~, 1994, for the purpose of taking action on the matter of the issuance of $6,940,000 General Obligation Bonds for an essential corporate purpose of said City, the proceeds of which bonds will be used to provide funds to pay costs of the construction, reconstruction and repairing of street improvements; the construction, -2- AHLERS. COONEY.OORWEILER, HAYNIE, suml & AllBEE, P:C. AnQItNr:v1 AT LAW 011 MOINII.IDWA o , ,0 , !,: ..' "'. . . . '0' ~!S td' ...::. :\.' (' :.;{ , I I I -:.",:,1 , I i "41~,1 .....--.1 \ ' ~ ~.::- ( , : ~ ! I I I"),, I r~ 'I : I ' "t. I \~ ,.~j : '.~! , , reconstruction, extension, improvement and equipping of storm and sanitary sewers, including sewage treatment plant improvements and construction of storm water detention facilities; the acquisition, construction, reconstruction, improvement, repair and equipping of waterworks and extensions, and real and personal property, useful for providing potable water to city residents, including water treatment plant acquisition and design; and the rehabilitation and improvement of existing city parks. Section 2. That the Clerk is hereby directed to cause at least one publication to be made of a notice of said meeting, in a legal newspaper, printed wholly in the English language, published at least once weekly, and having general circulation in said City, said publication to be not less than four clear days nor more than twenty days before the date of said public meeting on the issuance of said bonds. Section 3. The notice of the proposed action to issue said bonds shall be in substantially the following form: -3- AHLERS, COONEY, nORWEII.ER, IIAYNIE, SMITII & ALLDEE, p~, ATTORNEYS AT LAW DES "'OINU, IOWA '0' ,::,'!' , ','. .10. ,'; " . ,',I o , '-~7~7;;":~?'~')\'''::'':'''~' :::\7;::7:';Ui:'.',';" B"rji, "I' " i5 .f,6 LJ" )~~";:,. " .' ", . ,(,,,.. -':'1';:;:"::':'~":':;';~~'.':l','~.5:: t... ;.,.r,' ..: . " ',,:'/;\"': /.';:j;::O' ' ','~I" .' , ".':. j If:" "I '.~ "J~", ! ' '.,:, i"..L .,,<. ,:,:;;\,: '; I. I,.."", !','~_.~<~)".,y. i-' 1 , ~.... . ...'-:...'-1...... '< , , . .. . . '. '..,..,.....- ,'::''':.:'.':''';' ..._.._c:_..:....;."--_.....v_~.___.. . I I , , , , .) i NOTICE OF MEETING OF THE COUNCIL OF THE CITY OF IOWA CITY, IOWA, ON THE MATrER OF THE PROPOSED ISSUANCE OF $6,940,000 GENERAL OBLIGATION BONDS (FOR AN ESSENTIAL CORPORATE PURPOSE) OF SAID CITY, AND THE HEARING ON THE ISSUANCE THEREOF. ",-: PUBLIC NOTICE is hereby given that the Council of the City of Iowa City, Iowa, will hold a public hearing on the 29th day of March, 1994, at 7:30 o'clock p.m., in the Council Chambers, Civic Center, 410 E. Washington Street, Iowa City, Iowa, at which meeting the Council proposes to take additional action for the issuance of $6,940,000 General Obligation Bonds for an essential corporate purpose of said City, in order to provide funds to pay costs of the construction, reconstruction and repairing of street improve- ments; the construction, reconstruction, exten- sion, improvement and equipping of storm and sanitary sewers, including sewage treatment plant improvements and construction of storm water detention facilities; the acquisition, construction, reconstruction, improvement, repair and equip- ping of waterworks and extensions, and real and personal property, useful for providing potable water to city residents, including water treatment plant acquisition and design; and the rehabilita- tion and improvement of existing city parks. At the above meeting the Council shall receive oral or written objections from any resident or property owner of said City, to the above action. After all objections have been received and considered, the Council will at this meeting or at any adjournment thereof, take additional action for the issuance of said bonds or will abandon the proposal to Issue said bonds. This notice Is given by the order of the Council of Iowa City, Iowa, as provided by Section 384.25 of the City Code of Iowa. Dated this 14th day of March, 1994. , " .- ; , ! , ,--.; I , i 1 , "I D --"'-~ li \, .\ ~ I, ! , I ~" ~ ~ ~A() .J! ~ ity Clerk of Iowa City, Iowa flnadmlgob,npm " " o . ".'.\ . '.,_/.:<' ,~'i~',/~',',';';:,!.~,'.,'i,:.::~',-:..,:',. :-. .";..\.,, . . '0' , .i,.".:,ly.'~ii"'rO."I) ? ...~' "r,,! ,/ , " , .~ " ,- \, \ ~'~ ! ' , ~, i f PASSED AND APPROVED this 8th 1994. ATTEST: ~'i',0 ~/ Cle ' >, i,', cl0714032nnr0301918 day of March ()AA....fl.~'Z;- Mq:yor -5- AIlLERS, COONEY, DORWEILER, IIAYNIE, SlIITII & ALLnEE. p~, ATTORNEYS AT LAW OI!:8 MOINES,IOWA o 1,_. ,.",(, ...., .:,j' . ,.,< I:},,~'.':,: "".',: '" \:,<I~~""'\" 0:',,:',1:'1,- ,. ,'," ,.', !i:J.':;".",)~",;,.)", ..,~:Y",:'::":" ,;- ~o, ", , ';.',i~~;' '.''-> ,f,!,,/i':'" '.,,"".."""'........""'..-...'.-"-........--r, ," "B I' :,fT,~:.:i}'~'\' ""'\:'''''\;';;'':'''6'( , ..0,.,., t: ",~", " ",t.. ,', ',,"'" , ' .' -' , ", '., ,. . "'I ,~::.':'~,'~' .' .,,0;, ; ':/1 , \ 1 ! ~ , I '~I' ' . l CIG-3 9/91 CERTIFICATE STATE OF IOWA SS COUNTY OF JOHNSON I, the undersigned City Clerk of Iowa City, Iowa, do hereby certify that attached is a true and complete copy of the portion of the corporate records of said Municipality showing proceedings of the Council, and the same is a true and complete copy of the action taken by said Council with respect to said matter at the meeting held on the date indicated in the attachment, which proceedings remain in full force and effect, and have not been amended or rescinded in any waYi that meeting and all action thereat was duly and publicly held in accordance with a notice of meeting and tentative agenda, a copy of which was timely served on each member of the Council and posted on a bulletin board or other prominent place easily accessible to the public and clearly designated for that purpose at the principal office of the Council (a copy of the face sheet of said agenda being attached hereto) pursuant to the local rules of the Council and the provisions of Chapter 21, Code of Iowa, upon reasonable advance notice to the public and media at least twenty-four hours prior to the com- mencement of the meeting as required by said law and with members of ,the public present in attendancei I further certify that the individuals named therein were on the date thereof duly and lawfully possessed of their respective city offices as indicated therein, that no Council vacancy existed except as may be stated in said proceedings, and that no controversy or litigation is pending, prayed or threatened involving the incorporation, organization, existence or boundaries of the City or the right of the individuals named therein as officers to their respective positions. WITNESS my hand and the seal of said Municipality hereto affixed this 8th day of March , 1994. ,; I, City, Iowa I" ( \! I ' SEAL clO714030rrnrll301919 ' AIlLERS, COONEY. DORWEILER, IIAYNIE, SlIITII & ALLBEE, r~, ATTORNEYS AT LAW DEI MOINES. IOWA b~~ ,;, ","1 .', ',. o .. I' , ,t, ';"';,\ ,.,:i':,;?;:i"'i':~':::j",g'<,;:::;,,'. ' ,:,'" .'C' ....~........""'M.'""~) 'I:": ';;N"',': ~ ;:'"'::' .,.:,', .,';. ;,;''7:' '~"PI'""";'\ .Ip'~ -"~I' r,' ,- ;:',::: .:-:: :'. ~ 'I'. ';',' i'~ ~-';'{:"'" i-"'I...... '<1 1.1'", ,.""'l.....T..I"."..".,,.."I~...\'.. '.-- 'n-I., )yf"''''\, , (,"."" '. .<.'i~':~,.:;~'!,i ,\:. ......."'"; , . ' ;..;' ':,: / .. c- \ ' \ .~ ." ! I . ~ , , II i I ~ J '/),\ .,' " r ,. I f . ~",' I . . '-i.', "~::' ,'" . ; .' ;,,~tw,~' r'" ,.",. , ",I, ..1: , ,; ~./(' . ' , /, " \ . 'J;' ,.'. ~.. , ~ ~ ' 1" " '~." ! 't., .".\"" . f\1.l-? RESOLUTION NO. 94-69 RESOLUTION ADOPTING THE ANNUAL BUDGET FOR THE FISCAL YEAR ENDING JUNE 30, 1995. " WHEREAS, public hearings were held on March 1 and 8, 1994, at their regular and special Council meetings respectively, and public comments were received. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The annual budget for the fiscal year ending June 30, 1995, as set forth in the Adoption of Budget and Certification of Taxes and on the Adopted Budget Summary, together with the detailed budget in support thereof showing revenue estimates; appropriation expenditures; and program allocations for said fiscal year should be and hereby is adopted. 2. The City Clerk is hereby directed to make the filings required by law, and to set up the books in accordance with the summary and details, as adopted. Passed and approved this 8th day of March , 1994. 4uAtl--K MAYOR 'rhs1~ o ATTEST: 7I1o~A/U) 'j( ~ CiTfCLERK ' Approved by @~#-Jy City Attorney's Office ..1 /1 /11,1 I It was moved by 'l'n,.ngmn,.tnn and seconded by Pi eott be adopted, and upon roll call there were: the Resolution .',.';. AYES: NAYS: ABSENT: y 11 X X X X X Baker Horowitz Kubby Lehman Novick Pigott Throgmorton .. finadmlannlbdgt.res o 1-~,: L n-- . '\":Nli,q;,I"":,~").,,,, ";)i''".i'' . '",.,''' ....,. ,.'/. t' ..,'" b:JS ',..:\,'.,,:"";;,'":"\.:.~..') 5","10; , ,.', ,,' " ":):'."':,1,',;::::' - '-;'-'.,"~\.:~::." ~, , ;"i:'.;:". ,:>r::::,,'-~', :. .,.-.,1.....",", ,_,.~" ~l L : ',',:.. "T'.,:.. {. M' ,:," .'. ,', . " ~~ ;I.. '. ~, "'. '. I . ~ -'f' ,,\\ ' . , , " ,\ RESOLUTION NO. RESOLUTION ADOPTING THE ANNUAL BUDGET FOR THE FISCAL YEAR ENDING JUNE 30, 1995. ',', WHEREAS, public hea 'ngs were held on March 1 and 8, 1994, a their regular Council meetings, and public co ments were received. .'; NOW, THEREFORE, BE J RESOLVED BY THE CITY COUNCIL F THE CITY OF IOWA CITY, IOWA, THAT: ,.,,;-1 1. The annual budget for e fiscal year ending June 30, 199 ,as set forth in the Adoption of Budget and Certificat ~n of Taxes and on the Adopt ~ Budget Summary, together with the detailed budget) support thereof showing r enue estimates; appropriation expenditures; and progra allocations for said fisc year should be and hereby is adopted. i , I 'I 2. The City Clerk is hereby direc d to make the fili gs required by law, ahd to set up the books in accordance with the mmary and de ails, as adopted. .. , , 1994. Passed and approved this Approved by .~~ ity Attorney's Office 3;V/rf ATTEST: CITY CLERK r ..~ C ' \ / / and seconded by all there were: 1".'1 '), ,...,~ ~.~"::"'l , , I the Resolution It was moved by be adopted, and upon roll ~, , NAYS: AYES: aker orowitz K Rby LeHman Novicl< Pigott Throgmorton I , b , . , I "'" , , " , J~ 1"'\ ~i,' " ~i ;'.Q Ie. finadmlannlbdgt.res , 6~ , , " ";':':;:.FF':.':~5:'rd: 1 ',.,:.". 'Y""!.-,I;.:':::,; " o , \ " " ." -.-..,....;.,. .:..,,",. , . ,.', ;,',:,"',; I., ~',".'i :,':c:,;":""'" '~ ".' ~J. 1'1 I' I I I It; I" i I Jl' ~L,; _"''\.--l ., . r:::y'j :1' . .', . , I I .....". "':1\\'1' . .~-' "~," ," ,>' . . ,i' , .j~, I ~," ' ~.' , ". . "'.".i\ ~ , , "'. . :,-,'" . ': ~;. '_' :;/':. ~~:.": ~:: ';: ~~':.:.: ~.;-':.":; :-:__,' ~..:~:, :....;'. _'~r:.~~:.:;;';'" -.!j; ,:,,;;,:), \: ~.;~: ' '1i'\~ , I , RESOLUTION NO. <)4-70 RESOLUTION APPROVING THE FINANCIAL PLAN FOR THE CITY OF IOWA CITY, IOWA, FOR FISCAL YEARS 1995 THROUGH 1997 AND THE SEVEN YEAR CAPITAL IMPROVEMENTS PROGRAM. 1 I WHEREAS, the City Council of the City of Iowa City, deems it in the public interest and in the interest of good and efficient government for the City of Iowa City, Iowa, to adopt a three-year Financial Plan for operations and a seven-year Capital Improvements Program; and WHEREAS, the three-year Financial Plan and seven-year Capital Improvements Program are subject to annual review and revisions; and WHEREAS, public hearings were held on March 1 and 8, 1994, at their regular and special Council meetings respectively, and public comments were received. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: 1. The City Council of the City of Iowa City does hereby adopt the three-year Financial Plan for the Fiscal Years 1995 through 1997 and the seven-year Capital Improvements Program. 2. This Resolution is an expression of the Council's legislative intent for planning future operations and capital improvements for the City of Iowa City, Iowa; and the anticipated means of financing said plan, subject to applicable laws. Passed and approved this 8th day of March , 1994. JkA t4{ In. ~~ MAYOR - I I Approved by ArrEST: 7J~-.J ~ -duJ CITY LERK j~ ~~ Attorney's Office 8/~S1 It was moved by . .. : ,:.: :'; ~ Novi (' k and seconded by be adopted, and upon roll call there were: Pigott the Resolution AYES: NAYS: ABSENT: x x x x Baker Horowitz Kubby Lehman Novick Pigott Throgmorton 11 11 X o -'-, /~ c-, , ' I "" "';]:;';;;;;;;';:::" "/R,,:'\ ,)"" a;finadmlfinplan.res 6a~ '~\:,', :;-:'..:~,:.. -; ;"~~:::'i~'T' :,~::-'-'" ':--:F;:~::'.;'.: ''''-':, ' ,IS \' "',..'i, O. -'"'--- ',"'" ",.,.', ~:~.. J', : -",.:..-,"':." .. '... " . ., ~ '.; ~: ;'; ;';" , .' . '. "'It ',- . . 1_. W.~. '" ". ":.," .. ".',: .~ " "'I ',' I .\-/ , .. ~ . '-:..,. . ~ ' ", ~ , . ... . . _ .... ~ ~. .:_.~.. ",.. ._,_.:~;.~.~:""'-'~JLJ:;..,~~~~~ .::..j,;,.:'A. ~,,~~~=;~;i;;',~ i::1.i:~~:~:L~ L~~~),~'':'':(:~:l;~L:~.:';:,;~ ~':;u'~;;:-.;~__ i..':'J;".,;~~i~~':-:.,,:!:.: .':1 ,:'.-J;,;, : . -) :_'~; .,.""",:;. ;-.:.'. ;,:.~ ,~':c' _,; ;;'; ;"_h."~ .;:;"-'.;t.":'/1' .f. __.-.-"".~,:'", , , , : RESOLUTION NO. I I j I RESOLUTION APPROVING THE FINANCIAL PLAN FOR THE CITY OF IOWA CITY, IOWA, FOR FISCAL YEARS 1995 THROUGH 1997 AND THE SEVEN YEAR CAPITAL IMPROVEMENTS PROGRAM. WHEREAS, the City Council of the City of Iowa City, deems it in the public interest and in the interest of od and efficient government for the City of Iowa City, low , to adopt a three-year Financial Pia for operations and a seven-year Capital Improvement Program; and WHEREAS, the t e-year Financial Plan and seven-year Capital provements Program are subject to annual re 'ew and revisions; and ;. WHEREAS, public hea' gs were held on March 1 and 8 1994, at their regular Council meetings, and public com ents were received. NOW, THEREFORE, BE IT ESOlVED BY THE CITY. COUNCil OF THE CITY OF IOWA CITY, IOWA THAT: \ 1. The City Council of the. ~i~jf Iowa City d s hereby adopt the three-year Financial Plan for the Fiscal Years 1995 ~OU9h 19 and the seven-year Capital Improvements Program. \ 2. This Resolution is an expression 0 t e Council's legislative intent for planning future operations and capital improvement or the City of Iowa City, Iowa; and the anticipated means of financing said plan, sub' ct applicable laws. o . ",' , ' Passed and approved this , 1994. " J ,-I MAYOR \ / / ATTEST: / CITY CLERK / It was moved by / and seconded by be adopted, and uy6n roll call there were: liES: NAYS: ABSENT: "1 ~r",'. I, I II I , I 'I , ! ) I It ;..'." ,.~ ney's Office .?/YfY the Resolution " , " 1'0';;' l1: " :,1 Baker Horowitz Kubby Lehman Novick Pigott Throgmorton " f., . ~\'.I l o , .'." , .' ". :,0,,: .I.".."" _r " , a:finadm\finplan,res ,~~ ,',' ,,' H":'1sy'1 d., . " ..,."....../;.., ;;,~~'(;;' ,. :.:.;: ~..-" l\" ..:\'\~.< ';::, . . ;~"~ \\t~ . ",-". ;.'. :.'. . " ",,' -:..! " , . ,': ...' .,-, '-, ';I...~.~ . , , "\".,',\.. i,." .:\ ." : ~_.. .~:..' "..,..~;_ ,,_ ..,', .~ .C_>..~ ";,; ;,.::~;~. :;:':~: ;';~':~~2~~'"::;~:I::.,,:'~~;'.~L;'~~.l:}:XL:~'"L~:~:iL~;:;:=;.;:j~;:::,:~~~,,'~~';:~~:'~':.~;L :~::,~;';:;.,~~ ,~:.:;~~ ~:: _::'.~, ,.,-., 0' ~~ RESOLUTION NO. 94-71 RESOLUTION AMENDING THE BUDGETED POSITIONS IN THE WATER DIVISION OF THE PUBLIC WORKS DEPARTMENT. WHEREAS, Resolution No. 93-54, adopted by the City Council on March 2, 1993, authorized permanent positions in the Water Division for FY94; and WHEREAS, the need for an additional Treatment Plant Operator can be accomplished through changing an existing vacant position. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the budgeted positions in the Water Division be amended by: 1. The deletion of one full-time Maintenance Worker III- Water, AFSCME grade 10; and 2. The addition of one full-time Treatment Plant Operator - Water, AFSCME grade 9. Passed and approved this 8th day of ,1994. March ATTEST: 7I1h~~ ~ ~.-uJ "CIffiLERK ~~ >n.~JI:;- MJW R Approved by ~ ~~ ity Attorney's Office ., /" I -o/~ '7' , J ,~ \ \ It was moved by ](nhh and seconded by Lehman adopted, and upon roll can there were: the Resolution be ~ AYES: NAYS: ABSENT: J( x X X X X Baker Horowitz Kubby Lehman Novick Pigott Throgmorton I , , ~ I ; I , , II \l, "1 ,0 x hrdato\porsonnnwatcr ,res l' ~, Il It, f'. bif) = -~- '- , ',--~~'-"""~ . ,,:.,~o/,)"'..,',;,"":"\"""" . _ ~ '.... ;_~,_l. -. ,,'.' -... " ~ - ,.\,'.'..\., ~. . I i I .; , I I , i "' (]) ': S''';, i5,f: ,0;; , ','" ,',,<,,,..j .. '.- '., " ',\", " ~ ~\, ,:,',.,',.',~ " \~. -', l~ .,\ j [AI \t \J ~' ",,' , ,~, I r I ~ , I I , I I ! I ' I~'~ ' I , : I . I I i ~~ ,,'.,; -'~ 'i, ,.... ., n!' . ';':l"".. ".' .t'.\t', , . ", ',' " 'M , ,.,' "I, " ,.,', . ~ ~. ~ \ , 1 '~...: .,.'., ,. . . :~" .;\ :1, DEFEATED RESOLUTION NO. RESOLUTION OF ABANDONMENT OFTHE CURRENT URBAN REVIT AUZA TION PLAN KNOWN AS THE "NEAR SOUTHSIDE COMMERCIAL URBAN REVITAL- IZATION PLAN," AND DIRECTING STAFF TO PREPARE A NEW PLAN ENCOMPASSING THE CITY COUNCIL'S PROPOSED CHANGES. WHEREAS, in early January 1994, the City Council began the legal procedures to adopt an urban revitalization plan including designation of a three-block area, as permitted under state law, Chapter 404, Code of Iowa (1993); and WHEREAS, Chapter 404 give cities specific authority to grant tax exemption status to eligible property owners located within a designated area, which procedures must comply, in every respect, with state law; and WHEREAS, on January 4, 1994, the City Council approved the requisite Resolution of Necessity and Setting of Public Hearing for February 15, 1994 for a proposed Near Southside Commercial Urban Revitalization Plan ("Plan"), which Resolution formally commenced the legal procedures to enact tax abatement; and WHEREAS, notice of the public hearing was properly published and notice of the public hearing was properly given to all property owners by ordinary mail 30 days prior to the hearing; and WHEREAS, in the interim, the City Council has expressed a desire to change the Plan, including requiring a "design review" component, and also to clarify the definition of "commercial property, except commercial property used for residential uses"; and WHEREAS, proceeding with the current Plan, with the proposed substantive amendments, may render the property tax exemptions without the force and effect of law; and WHEREAS, in order to protect the integrity of the tax exemption process, the City Council now wishes to abandon the current Plan, and further desires to direct the staff to prepare a new urban revitalization plan to encompass the City Council's changes, so that a new legal process may begin. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The City Council finds it in the public interest to formally abandon the current "Near Southside Commercial Urban Revitalization Plan," as not reflecting the current will of the City Council. 2. The City Council directs staff to prepare a new plan for urban revitalization, encompassing the changes which are agreed upon by a majority of the City Council, and further to commence legal procedures required by Chapter 404, Code of Iowa, in order to adopt a new Urban Revitalization Plan. ~~3 o O ',<, ,",' , ..'..../..,.,.::. .. ....,\ I , ".. 1 . " 1 i!' I I I i ! ~ 'I', .. ' 'I"'...'.' "'.n'>' 0 I. 5: " " .'" ,c,'.; ~:,::,';~.)i,;_:-::':F! ~..", ,,;:>.~:;-~; ;'.'~ . ; , . ." " -.... ii , DEFEATED Resolution No. Page 2 Passed and approved this day of ,1994. MAYOR Approved by ATTEST: CITY CLERK Attorney's Office .,/. ~ did/'t It was moved by and seconded by adopted, and upon roll call there were: the Resolution be AYES: NAYS: ABSENT: Baker Horowitz Kubby Lehman Novick Pigott Throgmorton n:llegalllnglblock62.res o ( I , " , , ,,' ,,' " I:"',<,;:'~,:,;\",.:q/,,; 'I "".,, ' .... ":~" . , , f" '.. ' , , , , I I, I , I I , , I . ,I' . lA3 ,..,"1,",'"....,,""',1"'.,:1.,,'.' ,"'\""0"':' 0" '5' " ','),,' ,',: ~. . , ,'. """,".",(;"/'.1 ;';:;'--, ';?~~:',: t ''';~ ~_ ,:'" t"~',,' t'; '"I \\j. ,I .....-....,. /, ' ~ : \:,\ ,! '" I' , ',' .:- .~~; ./ " ,',.-, , .....J,. ":''':~.~.\~'l::' ..... . M, . ,-.' ~ . " '."/k .'.. I,'" ~.~\. . 1, ... " ,", .'" . '~.,' ~. " . , " ':r . RESOLUTION NO, clutj:v p)/t-~ ~ RESOLUTION DETERMINING NECESSITY AND SETTING A PUBLIC HEARING FOR APRIL 12, 1994, ON A NEW NEAR SOUTHSIDE COMMERCIAL URBAN REVITALIZATION PLAN FORA PROPOSED URBAN REVITALIZATION AREA IN THE CITY OF IOWA CITY, IOWA. WHEREAS, pursuant to Chapter 404, Code of Iowa (1993), the City Council may designate an area of the city as an urban revitalization area for the purpose of granting property tax exemptions for improvements to properties in the area; and WHEREAS, the proposed Urban Revitalization Area includes and consists of the area described as: All of Block 102, Block 103, Outlot 24, and the easterly half of Block 101, Original Town, Iowa City, Iowa; and WHEREAS, the City Council must follow the statutory criteria set forth in Chapter 404, Code, when designating an area for urban revitalization; and WHEREAS, the City Council must also follow the state statutory procedures for designation of an area for economic development, which includes a resolution finding that the economic development of a particular area is necessary in the interest of the public health, safety, or welfare of the residents of the City, and that the area substantially meets the criteria of Section ~404.1, Code; and WHEREAS, Iowa Code ~404.1, Code, provides that the City Council may designate an area of the City, that area is any of the following: "2. An area which by reason of the presence of a substantial number of deteriorated or deteriorating structures, predominance of defective or inadequate street layout, incompatible land use relationships, faulty lot layout in relation to size, adequacy, accessibility or usefulness, unsanitary or unsafe conditions, deterioration of site or other improvements, diversity of ownership, tax or special assessment delinquency exceeding the actual value of the land, defective or unusual conditions of title, or the existence of conditions which endanger life or property by fire and other causes, or a combination of such factors, substantially impairs or arrests the sound growth of a municipality, retards the provision of housing accommodations or constitutes an economic or social liability and is a menace to the public health, safety, or welfare in its present condition and use, or 4. An area which, is appropriate as an economic development area as defined in Section 403.17." WHEREAS, Section 403.17 defines an economic development area as the following: 'Lt~ wr- _u-"-, .'- '~:,::->::.,~ , "-'T',:~',;-;" is'; 0, 1~ ),';';'''' .', qq, ',,' ,.... '..' :.' ~ ' .. .".: .' ' o .'-'.' " ,', 0, :.';..-, ',I; ,';' "", : " ~, ,.' I i ,'"t. "" , ! ! , ! I I II I I ;. , " , r i:,.."., '.,""'''''1'''' '..,., .... ,"" ,"1' Bilm' , ' '" " ......0;--... ,\ \1 \\ '", ~.(- , I i \ Ii 1"1 i I i i I i I r'; I i: J ~,j:.:.._:; , , i'.')\ ?i ~~\' ','., "", r ~~\\ -.....:.., ., .;,y :.' ':~~t ~ \'" "1 ,~. M . '~ I : ... ..,', . .....:~;( '... , ," .... . .....",.'.. ," I' . '::'::';: ,'. . .. ......,.,.'..........,-....., - 2 - "An area of a municipality designated by the local governing body as appropriate for commercial and industrial enterprises or housing and residential development for low and moderate income families, including single or multifamily housing." WHEREAS, the Near Southside (NSS) Neighborhood Plan outlines a redevelopment plan for the proposed urban revitalization area and supports the use of financial incentives to encourage redevelopment of the proposed urban revitalization area; and WHEREAS, the incentives created by said Chapter 404 are necessary to preserve historic structures in the proposed urban revitalization area and to encourage non-residential commercial developments in the proposed urban revitalization; and WHEREAS, this Council has reasonable cause to believe that the area described above satisfies the eligibility criteria for designation as an urban revitalization area under Iowa law; and WHEREAS, Iowa Code ~404.2 (1993) requires the City to prepare a revitalization plan for the proposed revitalization area; and WHEREAS, Iowa Code Chapter 404 requires the City Council to hold a public hearing on an urban revitalization plan for an urban revitalization project following notice to all owners of record of real property located in the proposed area and all tenants living in the proposed area, in accordance with Iowa Code ~362.3; and WHEREAS, Iowa Code Chapter 404 further requires that, in addition to notice by publication, notification shall be given by ordinary mail to the last known address of the owners of record and to the "occupants" of city addresses located within the proposed area. These notices shall be given by the thirtieth day prior to the public hearing; and WHEREAS, the only reasonably current and complete list for City addresses located within the proposed area is contained in R.L. Polk Company's City Directory. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The facts stated above in the preamble are a true and correct statement of the conditions in the proposed Near Southside Commercial Urban Revitalization Area and of the necessity for its designation as an urban revitalization area, 2. The proposed Near Southside Commercial Urban Revitalization area legally described above is an eligible urban revitalization area under the criteria of Iowa Code ~404.1 (1993). 3, The rehabilitation, conservation, redevelopment, or economic development or a combination thereof of Near Southside Commercial Urban Revitalization Area is necessary in the interest of the public health, safety, or welfare of the residents of the City of Iowa City, Iowa. :,.,.,.,,' , " : \:.. ,'.', '~-" ., o <<': .,.. I , , I I I I, i,',i " ~~ ~;5; Id.! 'd'.' ,,"<". .'.,.::::.:".",.,'--::' , '.'. ",',: "~" ~'" ,'" (,_., ,..... L." . , , , .i' (-,....~ ( , -~:.. \' \ \1 -...' y.-. !\ .. ( \ ....'; ! I ~J 'I 1'1 , /" ~ 1'1 I ':; ...............:, ,(~ lAL\ .,[ i,',..r.:"2"),' 0'" . ~.~) \, . /,' ~ ,"."), ,"'"'''' ''-/'.','' ., , .." '.' ,:.':.'..\:'.:. .... ' ;' ,:,~t\ \1' " ,','~ '~ " , ":,' .',' , ''-,'-/. j" , , , . ... , ' "'-', :"';":- ~ :'_~. .-1,: '; !.... r".' . '~ . ". . . ._. '.' ~':w_~_~~ .'._J .,e''; :l:':.~.;.~, ~:::.:,::~,G,..5.:;~-~~ .~~;}>~\L ;~~;,~~:;,:: ~.i.:;:,;;:'~,;i:;:~~;~(' ::;,{:~~,,~~t~':~;i~:';:~,'i:-;,:~j:.;~'~'ii:;~~'S..:-i~~ ti.~..\ :;~::.~i; ~..' ;;" ~'.;:' - 3- 4. The City staff is directed to prepare an ordinance designating the area, legally described above, as the Near Southside Commercial Urban Revitalization Area for consideration by this Council in conjunction with the public hearing on the proposed Near Southside Commercial Urban Revitalization Plan. 5, The City Council will hold a public hearing on the proposed New Near Southside Commercial Urban Revitalization Plan at its meeting on April 12, 1994, which begins at 7:30 p.m., in the Council Chambers, Civic Center, 410 East Washington, Iowa City, Iowa. 6. The City Clerk is authorized and directed to publish the attached notice of the public hearing in the Press-Citizen, once on a date not less than four (4) nor more than twenty (20) days before the date of said public hearing. 7. The City staff is hereby authorized and directed to give at least 30 days notice of the public hearing by ordinary mail to the owners of record of property and occupants of City addresses located within the proposed New Near Southside Commercial Urban Revitalization Area, except that the requirement for notice by ordinary mail to an occupant of a City address within said area is waived to the extent that an occupant's address is not accurately stated in R.L. Polk's City Directory. 8. The City staff is hereby directed to place a copy of the proposed Near Southside Commercial Urban Revitalization Plan on file in the office of the City Clerk. Passed and approved this day of , 1994. MAYOR ATTEST: CITY CLERK d/3/'f/7 It was moved by and seconded by be adopted, and upon roll call there were: the Resolution AYES: NAYS: ABSENT: Baker Horowitz Kubby Lehman Novick Pigott Throgmorton n~ng\block62,.md O~~_":i "';-- ,c _ -_: ~,,' -;:" ).."..........' ',..'." .'''O''$'' . , , "'" ':--:,,, ',:','" ....,..-;\."....., ';,'.'" ",-' ::;,;,<::,"::(,..,9",.,;'"> ;'-,,"';1:.:., '.' .;. "",".' ' , .:,," .,.. I . ,.' '."-:'. 1 , i .. I I, ~;,;j<r: <~.:'.' .: ....',.'......- .' "'.,'\t."'. ;' :','11',' "--, ',.'1.,':-,.. , ."., ..' . ,.. I "~. .( , " ...... ~ . . .,.. . ..I .; . . .,...::..'-,:......_:...:...i~~'~L;_;~..i...i::.\~M.i,;,:.;~....~..,,;w.;.,~.~~u'....""._._.__..~.___.. .' '.. .' ...__....____........-....;r."",..... , , " \\y 1J 3j}q " I ,I j . , RESOLUTION NO. I' , " RESOLUTION RESCINDING RESOLUTION NO. 94-17 OF THE CITY COUNCIL OF THE CITY OF IOWA CITY. WHEREAS, Resolution No. 94-17 established a fee for commercial pesticide application registry; and , I I WHEREAS, Council has repealed Ordinance No. 94-3607 which governs commercial pesticide application; and ,t,_ WHEREAS, it is in the public interest to rescind Resolution No. 94-17 as not reflecting the City Council's wishes. I' , "c.' NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, lOW A, that said Council does hereby rescind Resolution No. 94-17. -'. Passed and approved this day of ,1994. ATTEST: CITY CLERK Approved by ~ ):",~p'~ City Attorney's Office ;?.vfY r MAYOR (: r: ..'\ '-'I \, , \' \ ~ 'I. \', It was moved by and seconded by adopted, and upon roll call there were: the Resolution be AYES: NAYS: ABSENT: J II ~ .9 Baker Horowitz Kubby Lehman Novick Pigott Throgmorton finpkg\94.17rsc.res ,[-0 .' : '.. . ~J:. 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