HomeMy WebLinkAbout1994-11-22 Resolution
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RESOLUTION NO. 94-343
RESOLUTION RELEASING AN EXISTING AND ACCEPTING A NEW PUBLIC
WALKWAY EASEMENT LOCATED ON LOTS 9 AND 10, WEST SIDE PARK, AN
ADDITION TO THE CITY OF IOWA CITY, IOWA, AND AUTHORIZING THE MAYOR
TO SIGN AND THE CITY CLERK TO ATTEST A NEW PUBLIC WALKWAY
EASEMENT AGREEMENT FOR LOTS 9 AND 10 OF THE SAME PROPERTY
WHEREAS, pursuant to a Conditional Zoning Agreement executed on September 3, 1991, the
City possesses a Public Walkway Easement on Lots 9 and 10, West Side Park, Iowa City,
Iowa; and
WHEREAS, to increase flexibility in locating both development and the public walkway on the
above property, the developer, West Side Company, requested the City release the existing
easement on Lots 9 and 10, West Side Park, as recorded in Book 1748, page 273, and as
designated and legally described on the plat attached hereto as Exhibit "A" and incorporated
by this reference; and
WHEREAS, the owner has agreed to enter into a new Public Walkway Easement Agreement,
which is attached hereto and incorporated by reference herein, and to provide the City with a
new public walkway easement covering a larger area as described in said Agreement; and
WHEREAS, Public Works has recommended the release of the existing easement and the
execution of a substituted easement agreement to comply with actual construction in the area
due to amendments in construction plans; and
WHEREAS, the substituted easement expands the existing public walkway easement area from
.48 acre to 1.21 acres and allows for flexibility in the actual location of the public walkway after
further development in the area; and
WHEREAS, it is in the public interest to release the existing public walkway easement, accept
the new easement and enter into a new Public Walkway Easement Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT:
1. The City Council finds it is in the public interest to release the existing easement, to
accept the new location of the public walkway easement, and to enter into the new
Public Walkway Easement Agreement, attached hereto, which is hereby approved as
to form and content.
2. The City of Iowa City does hereby abandon, release and relinquish all right, title and
interest in the Public Walkway Easement described in Exhibit "A" attached hereto.
3.
The Mayor is hereby authorized to sign and the City Clerk to attest the attached
substitute Public Walkway Easement Agreement.
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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 Exhibit
"A" and Public Walkway Easement Agreement, said recording costs to be paid by the
Owner of Lots 9 and 10, West Side Park,
It was moved by Throgmorton and seconded by Pigott
be adopted, and upon roll call there were:
the Resolution
AYES:
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x
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x
x
NAYS:
ABSENT:
Baker
Horowitz
Kubby
Lehman
Novick
Pigott
Throgmorton
Passed and approved this 22nd day of
November
, 1994.
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Approved by
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MAYOR~' .
ATTEST: i~-1A/) .;: ~A.J
CIT CLERK
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EXHIBIT "A"
NORTHEAST CORNER)
LOT 9, POINT OF
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GRAPHJ:il:Al!IIIrm
101150'
III
PUBLIC WALKWAY EASEMENT
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Beginning 01 the Norlhooll Com" of Lot g, Wesl Side Pork, 10 Iowa Cily, Iowa, In accordonce
with Ih. recorded plot Ihereof recorded In Pial BooI< 24, 01 Page 45, Record, ollh. Johnson
Counly Recorder', Office; Thenc. Soo'05'29'W, along th. Eo,lline of sold Lol g, IB9.18 feel;
Thence NB9~4'31'W, 37,63 feel; Thence S52'45'39'W, 100,92 feel to 0 Polnl which Is 7,50 feet
nolmolly ill,lonl SOCJtherly of ths South line ollh, ..1,lIng Slormwoler Oelenllon Oosln Eosemenl;
Thence SB9'35'04'W. OIOllg 0 line porolld with sold Soulh 11n, of the Slormwol.. Oetenllon Bosln
Easement, 146,23 fcel, 10 0 Polnl which I, 7,50 feel normally di,lonl soulheaslerly ollhe
Soulheaslerly 11n, 01 Loll0, of so~ W..I ~d, Pork; Thence S4216'3J'W, along 0 line porollel
wllh !Old SOCJlheaslerly line of Lol 10, 23~93 leal, 10 0 Polnl on Ihe Norlheaslerly Righi-ai-Way
lin. of Wesl Sid, Orlve; Thence Norlhweslerly 15,58 feel. along sold R~hl-of-Woy line, on 0
230.00 1001 rO<f~s CUM, conceve Southweslerly, whos, 15,58 fool chllld beors N6375'39'W, 10
o polnl whkh " 7,50 fool normally dlslont norlhwesterly of sold Soulhoo,terly llno of Lol 10;
Then., N4216'33'E, along 0 line porollel wilh sold Southeasteny Ilno of Loll0, 243.71 leel, to 0
Polnl which I, 7,50 leel normally dotonl Norlh..ly 01 so~ Soulh "" of Ih, ..1,lIng Stormwol..
O,lenllon Basin Eosemenl; Thence NB9'35'04'E, along olin. porollel with sold Soulh line ollhe
..1,lIng Stormwoler O,lenllon Basin Eosemenl. 147,BI feel, to 0 Point which I, 7,50 reel normally
dl,lanl Norlhweslerly 0' Ihe Ctnlenln, of 0 exl,llng 20,00 foot wide Sonllory Sewer Eosemenl;
Thence N52'45'39'E, 91,81 'e,l, 10 0 poinl which" 7,50 'eet, normolly o1st,,1 NllIlhwoslerfy of sold
Smllory Sewer Eosemenl centerline; Thence lloo'l)5'29'E, 79,72 'eel to 0 Poinl which I, 7,50 reol
normoly o1,lonl Soulhwesleny olth. CMlerllne of on ..1,lIng 20 1001 Sonllory Sow.. Eosemenl;
Thence N40'54'20'W, 131,04 foci, along 0 lino porollol wllh sold Sonllory S.." Eosemenl
Centorlin" 10 0 Poinl on Ih, Norlh lin, or LoIIO, Wesl SM, Pork; Thence 1169'37'07'E, ."'9 th,
North I., of eold Lol 10. ond Lol 9, of Well ~d. Pori. 135,97 feel, to Ih, Polnl of OO<Jinnlng,
So~ Irocl of IliId conloin. O,\S ocre~ more III les" liId I, sub~clto ",emenl, and IOslrlcllon,
of record.
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o~. tl Ii' PUBLIC WALKWAY EASEMENT MMS CONSULTANTS, INC.
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Ol { . I ~ PtoJectntlt: 10.0 City, I.wa (319) 351-8282 J
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o ~~ ' . I LOT 9 & 10 WEST SIDE PARK Ou,,,.dby. Cheek.d by. .
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(J1 [ IOWA CITY, IOWA eMS dam CMS .
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PUBLIC WALKWAY EASEMENT AGREEMENT
THIS AGREEMENT, made and entered into by and between
West Side Co., an Iowa corporation, hereinafter referred to
as Owner, which expression shall include its'successors in
interest and assigns; Smith-Moreland Properties, an Iowa
general partnership, hereinafter referred to as Developer,
which expression shall include its successors in interest
and assigns; and the City of Iowa City, Iowa, a municipal
corporation, hereinafter referred to as City, which expres-
sion shall include its successors in interest and assigns.
IT IS HEREBY AGREED AS FOLLOWS:
For the sum of One Dollar and other valuable considera-
tion, receipt of which is hereby acknowledged, the Owner and
Developer hereby grant to the City an easement for the pur-
poses of public pedestrian and bicycle access as well as for
excavating for and the installation, replacement and use of
a public sidewalk over and across the real estate legally
described and illustrated on the Public Walkway Easement
attached hereto and incorporated by this reference
(hereinafter "easement area").
The Owner and Developer further grant to the city the
following rights in connection with the above Public Walkway
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 ~long and outside of
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said easement area, to such extent as the city may find
reasonably necessary.
2. The right from time to time to trim and cut down
and clear away all trees and brush in said easement area and
on either side of the easement area which now or hereafter
in the opinion of the city may be a hazard to said easement
area, or may interfere with the exercise of the city's
rights hereunder in any manner.
The city shall promptly backfill any trench made by it,
and repair any damages caused by the city within the ease-
ment area. The City shall indemnify Owner and Developer
against unreasonable loss or damage which may occur in the
negligent exercise of its rights to excavate the area and
install the public sidewalk.
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The Owner and Developer reserve 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 Developer shall not erect or construct
any building, fence or other structures; plant any trees,
drill or operate any wells; or construct any reservoirs or
other obstructions on said area; or diminish or substan-
tially add to the ground cover over said easement area.
Owner and Developer shall maintain the easement area,
and keep it open to the public, in good repair, and free from
nuisance. The city shall have no responsibility for main-
taining the easement area. Owner and Developer agree to in-
demnify, defend and hold the city harmless from any claim or
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cause of action for injuries or damage arising from Owner
and Developer's failure to maintain said easement area.
As required by the Conditional zoning Agreement dated
September 3, 1991, and recorded in Book 1281, Page 179 in
the Johnson County Recorder's Office, Developer has de-
posited, in escrow, an amount equal to the cost of
constructing a six foot wide concrete sidewalk in the ease-
ment area~ The Developer shall have the obligation to con-
struct the sidewalk. Once said sidewalk has been con-
structed, the Owner and Developer shall maintain the side-
walk as set forth above.
The Owner and Developer hereby covenant with the city
that Owner is lawfully seized and possessed of the real
estate above described and that it has good and lawful right
to convey it or any part thereof.
The provisions hereof shall inure to the benefit of and
bind the successors and assigns of the respective parties
hereto, and all covenants shall be deemed to apply to and
run with the land and with the title to the land.
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SIGNED this 0' day of
(I/o (,Ie /N\ b 1.12-
, 1994.
WEST SIDE
corporati n
Iowa
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SMITH-MORELAND PROPERTIES,
an Iowa general partnership
BY' .. . W~~
J n W. Moreland, Jr.,
General Partner
CITY OF IOWA CITY, IOWA, a
municipal corporation
BY:
BY: }J~Ah1A~ I! .)f,tlA)
Marian K. Karr, City
Clerk
II,'
STATE OF IOWA )
) SS.
JOHNSON COUNTY )
,., J 01'+, AI b
On this ~ day of /Y OV~ e.y , 1994, before
me, the undersigned, a Notary Public in and for the State of
Iowa, personally appeared Earl M. Yoder, to me personally
known, who being by me duly sworn did say that he is the
President and Treasurer of the corporation executing the
within and foregoing instrument, that the seal affixed
thereto is the seal of the corporation; that said instrument
was signed and sealed on behalf of the corporation by
authority of its Board of Directors; and that Earl M. Yoder
as offi~er acknowledged the execution of the foregoing in-
strument to be the voluntary act and deed of the corpora-
tion, by it and by him voluntarily executed.
i'~' JAMES D. HOUGHTON
. r lAY COMMISSION EXPIRES
"""/7.1098
ary Public in
State of
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STATE OF IOWA )
) SS:
JOHNSON COUNTY )
On this d-1'Sf day of 106l)W1 bt,-,- , 1994, before me,
the undersigned, a Notary Public in and for the state, per-
sonally appeared John W. Moreland, Jr. to me personally
known, who being by me duly sworn, did say that the person
is one of the partners of smith-Moreland properties, an Iowa
General Partnership, and that the instrument was signed on
behalf of the partnership by authority of the partners; and
the partner acknowledged the execution of the instrument to
be the voluntary act and deed of the partnership by it and
by the partner voluntary executed.
t. (~ ~
Notary pu~ in and for the
State of Iowa
fj}
E. LYNN HUSS
MY COMMIDSICN EXPIRES
JANUAAY 14, 1997
STATE OF IOWA )
) SS.
JOHNSON COUNTY )
1\.1. .
On this ~day of~, 1994, before me, the
undersigned, a Notary PubllC in and for said county, in said
State, personally appeared Susan M. Horowitz and Marian K.
Karr, to me personally known, who being by me duly sworn,
did say that they are the Mayor and City Clerk, respec-
tively, of said municipal corporation executing the within
and 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 corpora-
tion by authority of City Council of said municipal corpora-
tion; and that the said Susan Horowitz and Marian K. Karr
acknowledged the execution of said instrument to be,the
voluntary act and deed of said municipal corporation by it
and by them voluntarily executed.
-Sm.oi,A'<- ~
Notary Public in and for the
State of Iowa
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~T<1.RI1W[I ~R_ QE1E~T1..of!.
BASIN EASEMENT
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, I 'l~\ Beglnnlngo.t the NortheGst Corner of lot 9,\IestSldePnrk, to. fora City, 10'0.
oJ I, \" . \ In Qccordo,nce 11th the pled recorded In PInt Booll 24. 0.1 pl1ge ~S, of the
~ ' '.I .#; \ r('cords of the JoIvISOll eOLlltr Recorder's OffICe! Thencr SDO'OS'e9'V, o.long the
:\ .. : \ (o.st Lln. of Slid Lot 9, 189.la hetl Thenell I-I09IS~131'1I, 31.63 futl Thence
S52"45'39'V, UO.93 feet to 0. pOint which Is 7.50 feet nornQtly dlstont
\;:'~,' ,,' (,,) , ,outh"ly or th, South II.. or th, "Istlng Sto,""t" g,t"tlo" B'Sln
\,;'/ :; ~\,\:i \ [05l!Mntl Tllrnct SB9t3S'04'lI, along 0. line pQ.roltlll 'Ith so,ld South Line
"'11, 1l~!:llll\\I\ ~ t~WG 1/)' 1~6,2J ftet to 0 poInt Ihleh Is 7,50 reet norMlIy dlsbnt southeQsttrly of
\ u.somlT thr Soutnrodtrly lInt or lot 10, lIestSldl!PGrkl ThPnCl' S4211&'3J'II, Qlonoo
I HEREBY CERTlry THAT THIS PLAT, MAP, SUR\!Y OR I In, p,roll,1 11th said ,oothoo'torly II", or LotiO, 131,91 r"t. t" point
REPORT WAS PREPARED ey ME, OR UNDER MY DIRECT on th, Northeostorly Rlghl-or-V,y Line of Vest Side Drlv" Thence
SUPER\1ISION, AND THAT I AM A DULY REGISTERED Nodhmtedy I5.SB Feet, ,long "Id Rlght.,r-V,y line, .. 0 130,00 root
LAND SURVEYOR UNDER TilE LAWS or TIlE STATE 0" rodlU' CU'ee, CO""" South",t"ly. ."'" 15,~ root chord boo" N6J'15'51'V,
r to 0. point rhlch 15 7.50 feet nornally dlstont northwesterly of SOld
IOWA, ....; Southt'llstrrly Ill'll' or sold lot 10, Ihtne. N42'16'33'(, along 0 Ill'll' parolll'l
"/ 11th sold SOlJthustrrly 1111. or lot 10, 243,71 reet, to 0 Point _hlth Is 7.50
19".r reet nortllllly dlstQt'lt Northerly or sold South 11t'll' or the existing Stornloter
DATE ' DrtrntlOl'l hsln msenent) Thence NB9'35'04'[, Gleng II Ill'll' parQllelllth sold
t:/ld South Line of the eXisting Stor"roter Dctl'ntlOl'l Bllsln [ose"rnt, 57.15 (cetl
MY REGISTRATI N EXPIRES, OECEMaER J1, 19.,q, 11,<", NGO'12'53'V, 134,46 r..t. 10' point", the North Li", or L,tIO, V..t
ib "'YJ SldePorkl Thfnc.etlO?'37'011[,It.lOllgsoldNorthLlnl!orlot 10 llnd lot 9 ,Vest
SIGNED' BErORE ME/Till OAY!br!, ':J ,I.t '9'jl" Sid, Pork, 2I5,OB r..t, 10 the Point or Beginning, S,ld t,oct or land
~'-I " I I I ..' -",~ln5 1.21 Qcru, "ore or le55, and 15 subject to pose"ent5 and
(. I It, f l/'" (~_.. A.H01'IJtJ3Actlonsorrecords.
NOTARY PUBLIC, IN AND rOR THE STATE 0 ~-\""'.1 '
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O~, : 0. b' PUBLIC WALKWAY EASEMENT M MMS CONSULTANTS, I NC:' t
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o I ~ q " LOT 9 & 10 WEST SIDE PAR
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Ul :l ~ IOWA CITY, IOWA 8
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93565009 P.04
PUBLIC WALKWAY EASEMENT AGREEME$T
THIS AGRE8HENT, ~ade and entered into byi an between:
West Side Co., an Iowa Corporation, hereinaft~ referred ~o
as Owner; which expression shall include its: uocessors i~
interest'and assigns: Smith-Moreland Prope i~s, an Iowa:
general rtnership, hereinafter referre to ~s Developer;
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which expre sion shall include its suc essorsiin interest!
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and assigns: d the City of Iowa ci , Iowa, I a municipal!
corporat~on, 0 as City, j which expre~-
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sion shail includ its Successor in interestiand assigns!
IT is DBREBY'A
For 'the sum of 0 e Dolla and other valuable conside~a-
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tion, receipt of which 's he eby aCknOwledqed~ the OWner ~nd
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Davelopet hereby grant t e City an easemen~ for the pu~-
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poses of ;public pedestria and bicycle access!as well as for
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excavati~g for and the . sta lation, replacem~nt and use clf
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a public :sidewalk over and ac OSS the real esiate legally!
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described and illustr ted on th Public Walkw~y Easement ;
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attached ~ereto and ncorporated y this refe~ence
(hereinaf,ter "ease nt areah).
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The Owner an Developer further rant tolthe City th~
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following: rights in connection with th above!Public wal~ai
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Easement:;
iqh~ to grade said easement r~a for the f~ll,
width the~eOf and:, the right to extend the ou :~ and fills :
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for such!Jr ing into and on said land along ~ntoutside of '
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11-08-1994 10:53AM FROM Barker,Cruise,Kennedy
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93565009 P. ffi
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said eas~ment area, to such extent as the Cit~ may find
reasonabiy necessary. ,
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2. : The, right from time to time to triml and cut dowb
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and cleat away all trees and brush in sa'd ea~ement area ~nd
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on eithet side of the easement area,wh'ch now: or hereafter
in the opinion of the ci t
zard tolsaid easemaht
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area, or'may interfere wi
cise of t~e City's
rights h~reunder in any ma~er.
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Theicity shall promptly\ba kfill any trerch made by it,
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and repair any damages caused y the city wit~in the aasat
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ment area. The City shall i de~nifY o~er anf Devel~per I
against unreasonable loss damage Wh1Ch mayloccur 1n th~
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negligen~ exercise of its rights to excavate the area and!
install ihe publio sidew lk. \ : ,
The 'OWner and Dev oper reserve a right ~o use said!
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Clty'S f:ll enJoymen of its rlghts her~y grrnted7 provi~ed
that the:Qwner and evelopar shall not erect or construct!
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any building, fene or other structures7 p~an~ any trees, i
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drill or;operatety wellsl or construct anY\feservoirs at
other ob~tructio s on said area: or diminish Or substan-
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tially aqd to the ground cover over said easek~nt area.
awruir anf Dovelopor shall .aintain the e;....t area, .
and keep:it fPen to the public, in good repai~ and free f~om
nuisance~ ~e City shall have no responsibility for main~
taining ~be ~asement area. Owner and DeVelo~r agree to ~n-
demnify, ;:defend and hold the city harmless from any claim or
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93565009 P.06
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cause of action for injuries or damage arising from Owner:
and Deveioper's failure to maintain said ~asekent area.
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As required by e Conditional Zon' g Ag~eement date~
September 3, 1991, an recorded in Boo 1281,; Page 179 in!
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the Johnson County Rec,rder's Office, Developer has de-
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posited, in escrow, an ount equal to the co~t of
constructing a six foot ide conci:te sidewal~ in the eas~-
ment area. The Owner and Developer shall have no obligation
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to constli'Uct the s'idewalk. H07ver, after th~ city co~- i.'
:::-:::';'::k"::':::k:o::: a~.aod Devo,OPa;...,l "'~t!'n
The:OWner and DovelOPi' ~.re.. oovenant ~ith the Cltr
that Owner is lawfully seized ~nd possessed at the real :
estate above described a ~ that\it has good ahd lawful ri~ht
to ""'1 it or .ny par therao,\ ' . :
The;provisions he eof shall in~re to thelbenefit of *nd
bind the!successors a d assigns of t~e respeC~ive parties:
hereto, dnd all OOV ants shall be de~ ad to apply to and!
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run with 'the land nd with the title to the l~d.
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SIGNED this
day of
:, 1994.
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WEST SIDE CO. ~n Iowa
corporation
BY:
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Earl M. Yod~r, 'Presiden~
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BY:
Charles A. ~arker,
Sec:r:etary
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11-08-1994 10:54AM FROM Barker,Cruise,Kennedy
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93565009 P. 07
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SMITH-MORELAND ~ROPERTIES, ,
an Iowa general! partnership'
BY:
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John W. Mo*l nd,
General Partn r
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CITY OF IOWA C ,Y, IOWA, a
municipal co o~ation
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STATE OF!rOWA
JOHNSON ~OUN'l'Y
On ~is " day /of ~ 1994, before
me, the undersigned, a' Notary Public in and for the State!of
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Iowa, personally appeared Earl M. Yo rr and Cparles A. :
Barker, to me pers'oryallY known, who b,,\ing by IUe duly sworn
did say that they are the President an~ secreFary of the : ,
corporat~on execu~fng the with~n and fOfegoing instrument,
that the!seal afft~ed thereto 1S the seat of ~he corpora-'
tionl that said~'nstrument was signed and sealed on behalf'
of the c~rporat m by authority of its Board pf Directors;
and that!Earl M Yoder and Charles A. Barker as officers aC-
lmowled9'~d the jexecution of the foregoing instrument to be '
the volwj.tary llct and deed of the corporation~ by it and by
them vol~ntar ly executed. \
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Notary PUblic f~ ari~ for th~
state o~ Iowa,
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BY:
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Ho~owitz, Mayor
BY:
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Karr, City
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9356513139 P.08
On fhis ; day of , 1994i, before lUe,
the undersigned, ~ Notary Public in and for ~e state, per-,
sonally ~ppeared ~ohn W. Moreland, Jr. to me ~ersonally
known, ~o being ~y me duly sworn, did say th~t the person
is one of the pa~ners of Smith~Moreland prop~rties~ an Iowa
General llartnership, and that the, instrument was sipned on
behalf o~ the partnership by authority of the~ pa~t ers; and
the part~er aOknowledged the execution of thei ins rument to
be the voluntary act and deed of the partne/rS~i9 by it and
by the partner voluntary executed. ,
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Notary Pub~c ip and for the
I to on",.
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STATE OF! IOWA ) /
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JOHNSON ~OUNTt )
On ihis ,day of / , 1994, b~fore me, the.
undersi~ed, aNOtary Public in a d for said County, in s~id
state, personally:appeared ~usan . Horowitz ~nd Marian K.
Karr, to!me personally kno~, who eing by me: duly sworn,
did say that they are the/Mayor an city cler~, respec-
tively, Of said municipaYcorporati n executing the within
and foregoing ins~rumen~, that the eal affix~d thereto is
the seal~of said ~nic~pal corporati n, that said instrument
was signed and sealed 6n behalf of s d munioipal corpora-
tion by ~uthority,of dity Council of aid mun~cipal corpora.
tion; and that the s id susan Horowitz and Matian K. Karr
aCknOWle1ged the ~x oution of said ins ent:to be the
voluntary act and! eed of said munioipa corporation by it
and by tijem Volun' rilyexecuted.
-5-
STATE OF: IOWA I
I . ss:
JOHNSON ~OUNTY )
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Notary Publio in and for the .
state f Iowa
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RESOLUTION NO. 94-344
RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO
ATTEST A PARTIAL RELEASE AGREEMENT CONCERNING THE PUBLIC
WALKWAY EASEMENT FOR LOTS S, 9, 10 AND A PORTION OF LOT 15, WEST
SIDE PARK, AN ADDITION TO IOWA CITY, IOWA
WHEREAS, the City of Iowa City, Iowa, a municipal corporation (hereinafter "the City"), West
Side Company, an Iowa Corporation (hereinafter "Owner") and Smith-Moreland Properties, an
.' Iowa General Partnership (hereinafter "Developer") entered into a Conditional Zoning
Agreement, dated September 3, 1991, and recorded in the Johnson County Recorder's Office
in Book 1281, Page 179; and
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WHEREAS, pursuant to the conditional rezoning of certain real property located in West Side
Park Addition, the above-noted Conditional Zoning Agreement provided, in part, that a lien
could arise against any of the rezoned property in the case where the City exercised its option
to construct certain required walkways in the northwest and northeast corners of West Side
Park Addition; and
WHEREAS, the above-noted Conditional Zoning Agreement also provided forthe establishment
of an escrow, by the Developer, in an amount equal to the cost of constructing a six-foot wide
concrete sidewalk in the easement area should said public walkway fail to be completed prior
to the Developer's application for a building permit; and
WHEREAS, in the interim, a lien remains on Lots 8, 9, 10 and a portion of Lot 15 with a cloud
on the titles to all lots in the development; and
WHEREAS, local builders and financial institutions are unable to market local mortgages on
the secondary mortgage market by reason of these liens and clouds on the title; and
WHEREAS, the Partial Release Agreement would remove the cloud on the title to Lots 8, 9,
10 and a portion of lot 15, while protecting the City by reason of the lien attaching to an
established escrow fund, said escrow fund to be established and maintained by the City
Finance Department; and
WHEREAS, the remaining requirements set forth in the Conditional Zoning Agreement would
continue in full force and effect, in order to protect the interests of both parties,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT:
1, It is in the public interest to execute the Partial Release Agreement for Lots 8, 9, 10 and
a portion of Lot 15, West Side Park Addition, in order to protect local property values.
2. The Council finds that transferring the real estate lien to the escrow account is
reasonable under the circumstances and protects the City's interests.
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The Mayor is hereby authorized to execute and the City Clerk to attest the Partial
Release Agreement, a copy of which is attached hereto. Developer shall record this
agreement in the Johnson County Recorder's Office.
4. Upon certification from the City Engineer that construction of the public walkway
pursuant to the Condition Zoning Agreement and substitute Public Walkway Easement
Agreement, executed on or about November 22, 1994, has been satisfactorily
completed, the Mayor and City Clerk are authorized to execute a final release for
recordation in the Johnson County Recorder's Office.
It was moved by Throgmorton and seconded by
be adopted, and upon roll call there were:
Pigott the Resolution
AYES:
NAYS:
ABSENT:
x
x
x
Baker
Horowitz
Kubby
Lehman
Novick
Pigott
Throgmorton
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x
x
x
Passed and approved this 22nd day of November
, 1994,
ATTEST: ?J~.I! I~
CI CLERK '.
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PARTIAL RELEASE AGREEMENT FOR LOTS 8,9,10 AND THE SOUTH 10 FEET OF
LOT 15, WEST SIDE PARK, AN ADDITION TO THE CITY OF IOWA CITY, IOWA
This Partial Release Agreement is made between the City of Iowa City, Iowa, a municipal
corporation (hereinafter "the City"), West Side Company, an Iowa Corporation (hereinafter
"Owner") and Smith-Moreland Properties, an Iowa General Partnership (hereinafter
"Developer"),
IN CONSIDERATION OF THE MUTUAL PROMISES CONTAINED HEREIN, THE PARTIES
AGREE AS FOLLOWS:
1, The parties acknowledge that by reason of a Conditional Zoning Agreement for West
Side Park, an Addition to the City of Iowa City, Iowa (hereinafter "Development") dated
September 3, 1991, and recorded in the Johnson County Recorder's Office in Book
1281, Page 179, Developer and Owner are obligated to dedicate and construct a public
walkway as required by said conditional rezoning and as a benefit to the Development.
The parties further acknowledge that this obligation is deemed a covenant running with
the land.
2.
The parties acknowledge that $12,000,00 has been placed in escrow with the City for
West Side Park Addition, The parties further acknowledge that this escrow is being
retained by the City pending completion of the public walkway, as certified by the City
Engineer,
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3, The City acknowledges that dedication of a public walkway easement has been
completed through the execution of a Public Walkway Easement Agreement. However,
construction of the public walkway is not completed, and final release of the West Side
Park Addition by City is not yet appropriate. For this reason, the Conditional Zoning
Agreement and Public Walkway Easement Agreement constitute a lien and cloud on the
property in the Addition,
;::
4, In consideration of the City's release of its lien on lots 8, 9, 10 and the south 10 feet
of lot 15 of the property, Developer agrees that the lien on these lots in the Addition
shall be transferred to and shall immediately attach to the escrow for this property, and
that this lien shall remain attached to the escrow until such time as the Public Walkway
has been completed, in the opinion of the City Engineer. At such time, the City will
issue a final release for all lots in the Addition to the Owner and Developer for
recordation.
5.
Developer agrees that said escrow will be retained until all work on the Public Walkway
has been completed and the Public Walkway is finally released by the City as provided
above.
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In consideration thereof, the City does hereby release lots 8, 9, 10 and the south 10
feet of lot 15, West Side Park Addition, from any lien or cloud now placed on the title
to the above property for the purposes stated in paragraphs 1 through 4 above, and
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arising out of the agreements referenced in paragraphs 1 and 3 above.
7. This Partial Release Agreement shall not be construed as a release of Developer's
obligations to complete other obligations pursuant to the Conditional Zoning Agreement
or Public Walkway Easement Agreement as referenced above, and all such other
responsibilities shall remain until finally released by the City.
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Dated this <tL day of 0 v~r.t(L.. , 1994
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CITY OF IOWA CITY, IOWA
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Su an M, Horowitz, Mayor
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STATE OF IOWA )
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JOHNSON COUNTY )
On this ;{,~~ day of .A.hve."..,b/!'V" , 1994, before
me, the undersigned, a Notary Public in and for the State of
Iowa, personally appeared Earl M. Yoder, to me personally
known, who being by me duly sworn did say that he is the
President and Treasurer of the corporation executing the
within and foregoing instrument, that the seal affixed
thereto is the seal of the corporation; that said instrument
was signed and sealed on behalf of the corporation by
authority of its Board of Directors; and that Earl M. Yoder
as officer acknowledged the execution of the foregoing in-
strument to be the voluntary act and deed of the corpora-
tion, by it and by him voluntarily executed.
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JAMES D. HOUGHTON
IIY COMMISSION EXPIRES
May 7. 1996
o ary Public in and fo
State of Iowa
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STATE OF IOWA )
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JOHNSON COUNTY )
On this ~15r day of N(,\)eM1W ,1994, before me,
the undersigned, a Notary Public in and for the state, per-
sonally appeared John W. Moreland, Jr. to me personally
known, who being by me duly sworn, did say that the person
is one of the partners of Smith-Moreland Properties, an Iowa
General Partnership, and that the instrument was signed on
behalf of the partnership by authority of the partners; and
the partner acknowledged the execution of the instrument to
be the voluntary act and deed of the partnership by it and
by the partner voluntary executed.
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E. L Villi HUSS
fl{ COMMIfoS!ON EXPIRES
JANUARY 14, 1997
Not~Y ~~ ~nd fnr the
State of Iowa
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STATE OF IOWA )
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JOHNSON COUNTY )
On this z.z.~day of November, 1994, before me, the undersigned, a Notary Public in
o..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 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.
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Notary Public in and for the State of
Iowa
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PARTIAL RELEASE AGREEMENT FOR LOTS 8,9,10 AND THE SOUTH 10 FEET OF
LOT 15, WEST SIDE PARK, AN ADDITION TO THE CITY OF IOWA CITY, IOWA
This Partial Release Agreement is made between the City of Iowa City, Iowa, a municipal
corporation (hereinafter "the City"), West Side Company, an Iowa Corporation (hereinafter
"Owner") and Smith-Moreland Properties,' an Iowa General Partnership (hereinafter
"Developer").
IN CONSIDERATION OF THE UTUAl PROMISES CONTAINED HEREIN, THE PARTIES
AGREE AS FOllOWS: /
1, The parties acknowledge th t by reason of a Conditional zory!ng Agreement for West
Side Park, an Addition to the ity of Iowa City, Iowa (hereinafter "Development") dated
September 3, 1991, and reco ded in the Johnson Count/Recorder's Office in Book
1281, Page 179, Developer an Owner are obligated to gedicate and construct a public
walkway as required by said con itional rezoning and ~s a benefit to the Development.
The parties further acknowledge at this obligation is/deemed a covenant running with
the land,
2.
The parties acknowledge that $12,0 0.00 has een placed in escrow with the City for
West Side Park Addition. The parti s furth7 acknowledge that this escrow is being
retained by the City pending completi n o~he public walkway, as certified by the City
Engineer, /
The City acknowledges that dedicalj of a public walkway easement has been
completed through the execution of "Pu ic Walkway Easement Agreement. However,
construction of the public walkway)s not mpleted, and final release of the West Side
Park Addition by City is not yet appropria e. For this reason, the Conditional Zoning
Agreement and Public Walkway Easement greement constitute a lien and cloud on the
property in the Addition.
In consideration of the City' release of its lie on lots 8, 9, 10 and the south 10 feet
of lot 15 of the property,/ eveloper agrees th t the lien on these lots in the Addition
shall be transferred to api:! shall immediately att ch to the escrow for this property, and
that this lien shall re7ih attached to the escrow . ntil such time as the Public Walkway
has been completed, In the opinion of the City E gineer. At such time, the City will
issue a final relea for all lots in the Addition to the Owner and Developer for
recordation. \
Developer agree that said escrow will be retained unt~11 work on the Public Walkway
has been comp' eted and the Public Walkway is finally relea~d by the City as provided
above. \
3.
4.
5.
6.
In consider ion thereof, the City does hereby release lots 8, 9, 10 and the south 10
feet of lot ,West Side Park Addition, from any lien or cloud now placed on the title
to the above property for the purposes stated in paragraphs 1 through 4 above, and
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arising out of the agreements referenced in paragraphs 1 and 3 above.
7.
This Partial Release Agreement shall not be construed as a release of Developer's
obligations to complete other obligations pursuant to the Conditional Zoning Agreement
or Public Walkway Easement Agreement as referenced above, and all such other
responsibilities shall remain until finally released by the City,
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Dated this _ day of
,1994
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SMITH-MORELAND PROPERTIES
BY:
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Susan M. Horowitz, Mayor
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Marl n K. Karr, City Clerk
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On this _ day of November, 1994, before me, the undersigned, a Notary Public in and
for the State of Iowa, personally appeared , to me personally known,
who being by me duly sworn did say that he is the of the corporation
executing the within and foregoing instrument, that no seal h~s been procured by the
corporation; that said instrument was signed on behalf of the corporation by authority of its
Board of Directors; and that as officer ac owledged the execution
ofthe foregoing instrument to be the voluntary act.and deed of the co oration, by it and by him
voluntarily executed.
STATE OF IOWA
JOHNSON COUNTY
Public in and for the State of
On this _ day of November, 1994, be~ e me, the undersigned, a Notary Public in and
for the State of Iowa, personally appeared , to me personally known,
who being by me duly sworn did say that 'e is t e of the corporation
executing the within and foregoing inrt me nt, t at no seal has been procured by the
corporation; that said instrument was si ned on be alf of the corporation by authority of its
Board of Directors; and that as officer acknowledged the execution
of the foregoing instrument to be the7 untary act and eed of the corporation, by it and by him
voluntarily executed.
N ary Public in and for the State of
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JOHNSON COUNTY
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STATE OF IOWA )
) SS:
JOHNSON COUNTY )
On this _ day of November, 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 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 acknowle~ed that execution
of said instrument to be the voluntary act and deed of said municiPaicor oration and by them
voluntarily executed.
ublic in and for the State of
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RESOLUTION NO. 94-34'i
RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT FOR USE OF
PUBLIC RIGHT-OF-WAY BETWEEN THE CITY OF IOWA CITY, VILLAGE GREEN
SOUTH L.C. AND VILLAGE GREEN SOUTH HOMEOWNERS' ASSOCIATION
FOR PLACEMENT OF AN ENTRANCE SIGN ON STREET RIGHT-OF-WAY
WITHIN THE VILLAGE GREEN SOUTH DEVELOPMENT.
WHEREAS, Village Green South L.C. ("Village Green South") is the subdivider of Village Green
South - Parts 3A, 3B, 4A and 4B in Iowa City, Johnson County, Iowa; and
WHEREAS, Village Green South and the Village Green South Homeowner's Association
("Homeowner's Association") have certain responsibilities, by reason of the subdivision
agreements, for maintenance of certain portions of right-of-way within the development; and
WHEREAS, Village Green South and the Homeowner's Association seek City approval to
locate a distinctive entrance sign within the Wintergreen Drive right-of-way, which is a City
street located in the Village Green South development; and
WHEREAS, the public interest would be served in granting approval of an Agreement for Use
of Public Right-of-Way in the following particulars:
1.
2.
3.
There would be no adverse effects on sight lines and traffic visibility;
There would be no adverse effects on abutting properties; and
A public purpose is served by the placement of signs which identify the development;
and
WHEREAS, the Department of Public Works has approved the location of the entrance sign;
and
WHEREAS, an Agreement for Use of Public Right-of-Way containing such conditions has been
prepared and is attached to this Resolution.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, THAT:
1.
The Agreement for Use of Public Right-of-Way attached hereto is approved as to form
and content.
2.
The Mayor is authorized to execute and the City Clerk to attest the Agreement for Use
of Public Right-of-Way, for and on behalf of the City of Iowa City, Iowa, and the City
Clerk is hereby directed to record said Agreement in the Johnson County Recorder's
Office at Homeowner's Association expense.
Passed and approved this 220<1 day of ~
,1994.
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Ag 4 by
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Resolution ,No. q4-~4'i'
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It was moved by 'l'h,.ngmn,.rn" and seconded by
adopted, and upon rol~ call there were:
, AYES:
NAYS:
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the Resolution be
ABSENT:
Baker
Horowitz
Kubby
Lehman
Novick
Pigott
Throgmorton
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AGREEMENT FOR USE OF PUBLIC RIGHT-OF-WAY BETWEEN THE
CITY OF IOWA CITY, VILLAGE GREEN SOUTH, L.C. AND VILLAGE
GREEN SOUTH HOMEOWNER'S ASSOCIATION
This Agreement is made by and between Village Green South,
L.C., an Iowa corporation (Village Green South), the city of
Iowa City, Iowa, a municipal corporation ("Ci tt'), and the
village Green south Homeowners Association, an Iowa non-profit
corporation ("Homeowners Association").
WHEREAS, Village Green South is the developer of certain real
estate legally described as village Green south Subdivision;
and
WHEREAS, the Homeowners Association has certain
responsibilities, by reason of the subdivision agreements, for
maintenance of certain portions of right-of-way within the
subdivision; and
WHEREAS, Village Green south and the Homeowners Association
seek city approval to locate a distinctive entrance sign within
the Village Green south Subdivision street right-of-Way; and,
WHEREAS, the public interest would be served in granting
approval of an Agreement for Use of Street Right-of-Way in the
following particulars:
1) There would be no adverse effects on sight lines and
traffic visibility;
2) There would be no adverse effects on abutting properties;
and
3) A public purpose is served by the placement of signs which
identify the sUbdivision;
and
WHEREAS, the Department of Public Works has approved the
location of the entrance sign; and
WHEREAS, the city agrees to allow use of street right-of-way
within the Village Green south Subdivision for said purposes,
subject to the terms and conditions herein. I
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NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL PROMISES SET
FORTH HEREIN, IT IS AGREED AS FOLLOWS:
1. Excepting those portions of Scott Blvd. within Village
Green South SUbdivision, Village Green South shall be allowed
to install and the Homeowners Association shall maintain a sign
within the Village Green South Subdivision ("Subdivision"),
subject to city approval of grading and placement of said sign.
The sign shall be constructed and located according to the
attached drawings, and shall be compatible with-placement of
sidewalks and street curbs. Village Green South and the
Homeowners Association further agree that the entrance sign
shall be located with a minimum of a three (3) foot clearance
from the street paving,and a minimum of a one (1) foot
clearance from the sidewalks.
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2. Village Green South and the Homeowners Association agree
the height of the entrance sign shall not exceed sixty (60)
inches in height.
3. village Green South agrees to construct the entrance sign
in a manner acceptable to the city. The Homeowners Association
agrees to maintain the sign in good repair so ,as to minimize
danger and preserve aesthetic,appeal.
4. In the event that the entrance sign is to be replaced, for
any reason, Homeowners Association agrees to replace said sign,
subject to approval of the city Public Works Department.
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5. Parties agree the city may require removal of the entrance
sign upon reasonable notice to Village Green South and the
Homeowners Association pursuant to section 364.12, Code of Iowa
(1991). Upon such notice, Village Green South and/or
Homeowners Association agree to remove the sign from the city's
right-of-way, or to relocate said sign to another location
within the right-of-way acceptable to the city, and agree to do
so within sixty (60) days after being so ordered. In the event
Village Green South and/or Homeowners Association fail to
remove the sign, or fail to relocate said sign after being so
ordered, the city may remove it and the cost thereof assessed
against the property owned by the Homeowners Association in the
manner provided in section 364.12, Code of Iowa (1991) as a
property tax.
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6. Parties agree that no property right is conferred by this
grant of permission; that the city is not empowered to grant a
permanent use of its street right-Of-way for private purposes;
and that the city may order said sign removed at any time if,
for any reason, the city council determines that the property
upon which the sign is located should be cleared of any and all
obstructions.
7. This Agreement shall be binding on the parties hereto as
well as their successors and assigns, and shall be construed as
a covenant running with the land and with the title to the land
owned by the Homeowners Association, according to the
Subdivider's Agreement and according to the Declaration of
Homeowners Association separately established.
Dated this
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22.. day of -a Due.rnbd
, 1994.
CITY OF IOWA CITY
VILLAGE GREEN SOUTH
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VILLAGE GREEN SOUTH HOMEOWNERS ASSOCIATION
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Approved By:
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RESOLUTION NO. 94-346
RESOLUTION APPROVING THE PRELIMINARY AND FINAL PLAT OF VILLAGE
GREEN, PART XIII, INCLUDING A RESUBDIVISION OF A PART OF VILLAGE
GREEN, PART III, IOWA CITY, IOWA.
WHEREAS, the owner, Village Partners, filed with the City Clerk the final plat of Village Green,
Part XIII, including a resubdivision of a part of Village Green, Part III, Iowa City, Johnson
County, Iowa; and
WHEREAS, said subdivision is located on the following-described real estate in Iowa City,
Johnson County, Iowa:
Commencing at the Southeast Corner of the Southeast Quarter of Section 13,
Township 79 North, Range 6 West, of the Fifth Principal Meridian; Thence
S89053'53"W, along the South Line of said Southeast Quarter, 1308.29 feet,
to a 6fa" iron pin found; Thence S89057'00"W, along said South Line, 224.46
feet, to the Southeast Corner of Village Green, Part XII, as Recorded in Plat
Book 32, at Page 313, of the Records of the Johnson County Recorder's
Office; Thence NOoo03'OO"W, along the Easterly Line of said Village Green,
Part XII, 84.82 feet; Thence N08058'49"E, along said Easterly Line of Part XII,
136.86 feet; Thence N39029'01 "E, along said Easterly Line of Part XII, 403.02
feet, to the POINT OF BEGINNING; Thence N26003'33"W, along said Easterly
Line 216.55 feet; Thence N47030'51 "W, along said Easterly Line of Part XII,
148.25 feet; Thence N08000'39"W, along said Easterly Line of Part XII,
250.42 feet; Thence N26003'33"W, along said Easterly Line of Part XII,
223.48 feet; Thence N33 o08'19"W, along said Easterly Line of Part XII, 17.19
feet, to the Northeast Corner of said Village Green, Part XII, and the Southeast-
erly Corner of Lot 66, of Village Green, Part Three, as Recorded in Plat Book
11, at Page 14, of the Records of the Johnson County Recorder's Office;
Thence N26026'56"E, 213.52 feet, to a 1-inch iron pipe found at the
Southernmost Corner of Lot 87, of Village Green, Part V, as Recorded in Plat
Book 14, at Page 99, ofthe Records ofthe Johnson County Recorder's Office;
Thence N79018'05"E, along the Southerly Line of said Village Green, Part V,
130.00 feet; Thence N49009'35"E, along said Southerly Line of Part V,
130.00 feet, to a 6fa-inch iron pin found at the Southwesterly Corner of Village
Green, Part VII, as Recorded in Plat Book 15, at Page 33, of the Records of the
Johnson County Recorder's Office; Thence N85030'27"E, along the Southerly
Line of said Part VII, 15.07 feet; to a 6fa-inch iron pin found; Thence
S63051'24"E, along said Southerly Line of Part VI, 210.00 feet, to a 6fa-inch
iron pin found; Thence N45008'36"E, along the Easterly Line of said Part VII,
237.42 feet, to the Southwesterly Corner of Village Green, Part XI, as
Recorded in Plat Book 30, at Page 64, of the Records of the Johnson County
Recorder's Office; Thence S44051'24"E, along the Southerly Line of said Part
XI, 185.00 feet; Thence N45008'36"E, along said Southerly Line of Part XI,
21.46 feet; Thence S44051'24"E, along said Southerly Line of Part XI, 120,00
feet, to the Southernmost Corner of Lot 35, of said Part XI; Thence
S45008'36"W, 1 08.82 feet; Thence S35008'28"W, 117.85 feet; Thence
S23047'26"W, 152.69 feet; thence Northwesterly 247.93 feet, along a
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Resolution No. 94- 346
Page 2
760.49 foot Radius Curve, concave Southwesterly, whose 246.84 foot chord
bears N75032'57"W; Thence S05006'40"W, 38.75 feet; thence
S02051'05"E, 119.31 feet; Thence S77039'16"W, 97.35 feet; Thence
Southeasterly, 87.48 feet, along a 530.07 foot Radius Curve, concave
Northeasterly, whose 87.38 foot chord bears S17004'25"E; Thence
S21 048'05"E, 71.05 feet; Thence Southeasterly, 80.56 feet, along a 292.58
foot Radius Curve, concave Southwesterly, whose 80.31 foot chord bears
S13054'47"E; Thence S06001 '29"E, 63.40 feet; Thence Southeasterly,
121.16 feet, along an 87.98 foot Radius Curve, concave Northeasterly, whose
111.81 foot chord bears S45028'41 "E; Thence S84055'53"E, 52.33 feet;
Thence Southeasterly 62.61 feet, along a 354.40 foot Radius Curve, concave
Northeasterly, whose 62.53 foot chord bears S89059'34"E; Thence
S05003'16"E, 50.00 feet; Thence S02017'51"E, 165.44 feet; Thence
N75007'36"W, 332.70 feet, to the POINT OF BEGINNING. Said Tract of Land
Contains 11.57 Acres, more or less, and is Subject to easements and
restrictions of Record.
WHEREAS, the Department of Planning and Community Development and the Public Works
Department examined the proposed preliminary and final plat and subdivision, and
recommended approval; and
WHEREAS, the Planning and Zoning Commission examined the preliminary and final plat and
subdivision and recommended that said preliminary and final plat and subdivision be accepted
and approved, subject to the legal papers for the final plat addressing the provision of
adequate sanitary sewer capacity for the development, drainage for dwellings with basements
and the removal of snow from the sidewalks on Somerset Lane; and
WHEREAS, a dedication has been made to the public, and the subdivision has been made with
the free consent and in accordance with the desires of the owners and proprietors; and
WHEREAS, said preliminary and final plat and subdivision are found to conform with Chapter
354, Code of Iowa (1993) and all other state and local requirements.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, THAT:
1.
The preliminary and final plat and subdivision located on the above-described real
estate be and the same are hereby approved,
2.
The City accepts the dedication of the streets and easements as provided by law and
specifically sets aside portions of the dedicated land, namely streets, as not being open
for public access at the time of recording for public safety reasons.
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The Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and
directed, upon approval by the City Attorney, to execute all legal documents relating
to said subdivision, and to certify a copy of this resolution, which shall be affixed to
the final plat after passage and approval by law, The owner/subdivider shall record the
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Resolution No. 94- 346
Page 3
legal documents and the plat at the office of the County Recorder of Johnson County,
Iowa.
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Passed and approved this 22nd day of November
,1994.
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MAYOR
ed by
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ATTEST: /1fi.;'/VJ~ .,flaM/'
CIT' CLERK
/1-/7-71
It was moved by Novick and seconded by Pigott
adopted, and upon roll call there were:
the Resolution be
AYES:
NAYS:
ABSENT:
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Horowitz
Kubby
Lehman
Novick
Pigott
Throgmorton
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STAFF REPORT
To: Planning and Zoning Commission
Item: SUB94-00 14. Village Green, Part XIII
including a resubdivision of a
portion of Village Green, Part III
GENERAL INFORMATION:
Applicant:
Contact person:
Requested action:
Purpose:
Location:
Size:
Existing land use and zoning:
Surrounding land use and zoning:
Comprehensive Plan:
Applicable regulations:
File date:
45-day limitation period:
60-day limitation period:
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Prepared by: Robert Miklo
Date: November 3, 1994
Village Partners
325 Third Street
Iowa City, Iowa 52240
Bill Frantz 338-7923
Preliminary and final plat approval.
To create 16 single-family residen-
tiallots and 1 lot for condominium
dwelling units.
East of Wellington Drive.
11.57 acres
Undeveloped; RS-5 and OPDH-5.
North - Single-family residential;
RS-5.
East - Agricultural; RS-5.
South - Agricultural; RS-5.
West - Single-family and multi-
family residential; RS-5,
OPDH-5.
Residential: 2-8 dwelling units!
acre.
Provisions of the Subdivision Regu-
lations and the Stormwater Man-
agement Ordinance.
October 10, 1994
November 28, 1994
December 12, 1994
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SPECIAL INFORMATION:
Public utilities:
Water service is available. Sewer
service requires the improvement
of the Heinz lift station.
Public services:
Sanitation service will be provided
by the City. Police and fire protec-
tion are available.
Transportation:
Vehicular access will be provided
via Wellington Drive, Village Road
and Scott Boulevard. Transit
service is available at the intersec-
tion of Wayne Avenue and Village
Road via the Towncrest route.
Physical characteristics:
The topography of the tract is
rolling with an approximate slope
of six percent.
BACKGROUND:
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In August the Planning and Zoning Commission reviewed and recommended approval of the
preliminary plat of Village Green, Part XIII along with a rezoning from RS-5 to OPDH-5 for Lot
25. The rezoning has been approved by Council, but the preliminary plat has not been placed
on the Council agenda due to a question about a previous designation of a portion of the
property as open space as discussed below. Because the preliminary plat contains property
that was previously platted as Village Green, Part III, the preliminary plat has been renamed
"Village Green, Part XIII, including a resubdivision of a portion of Village Green, Part III," and
must be reviewed by the Commission.
ANALYSIS:
The Commission recommended that the preliminary plat known as Village Green, Part XIII, be
approved by Council subject to the legal papers addressing drainage for dwellings with
basements, removal of snow from the sidewalks of Somerset Lane and the provision of
adequate sanitary sewer capacity for the development. The legal papers for the development
have been submitted and are being reviewed by the City Attorney's office.
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Sanitary Sewer: In order to provide sufficient sanitary sewer capacity for this and adjacent
developments, the Heinz lift station will be improved. The applicant will reimburse the City
for a portion of the cost of these improvements. The legal papers should specify the
developer's obligation in this regard.
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Storm water Management: To improve stormwater drainage on individual lots, the applicant
is proposing a groundwater drainage system. The legal papers should specify that sump
pumps will discharge into the storm sewer system or the groundwater drainage system. The
legal papers should contain a provision prohibiting discharge of roof drains into the
groundwater drainage system.
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Open Space: The legal papers should address the landscaping and maintenance of the
common open space contained on Lot 25. Because the sidewalk adjacent to Somerset Lane
is immediately adjacent to the curb, the legal papers should specify requirements for the
removal of snow from the sidewalk.
After the Planning and Zoning Commission review, but prior to City Council review of the
preliminary plat, it was discovered that land contained within portions of Lots 26-30 and a
portion of Pembroke Lane was designated as open space when Village Green Part III was
approved in 1972 (see Exhibit A - copy of the final plat of Village Green Part III). A dashed
line on the enclosed preliminary plat indicates where the open space overlaps with Lots 27-30.
The legal papers for the final plat indicated that the open space was to be dedicated to the
Village Green Homeowners Association (see Exhibit B).
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The original developers, the Iowa City Development Company, never transferred the open
space to the Homeowners Association. It was sold along with adjacent undeveloped land to
another developer, who later sold it to Village Partners, the current applicant.
Prior to approval of the preliminary and final plats, it must be determined whether or not the
applicant is able to resubdivide the previously designated open space into lots. If it is
determined that the open space cannot be resubdivided, the plats should be redesigned to
provide for the required open space.
STAFF RECOMMENDATION:
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Staff recommends that the preliminary and final plats of Village Green, Part XIII, including a
resubdivision of Village Green, Part III, be deferred pending resolution of the question
regarding the resubdivision of the designated open space. If it is determined that this open
space can be resubdivided, staff recommends that the preliminary and final plats be approved
subject to City Attorney approval of legal papers, including a sanitary sewer agreement and
Public Works approval of construction plans prior to City Council consideration of the final
plat. If it is determined that the open space designated by the final plat of Village Green, Part
III cannot be resubdivided, the plats should be redesigned to provide for the required open
space.
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ATTACHMENT:
1. Location Map.
ACCOMPANIMENT:
1. Final plat.
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Approved by:
Kar n Franklin, Director
D partment of Planning and
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DEDICATION OF PART 3 VILLAGE GREEN
ADDITION:TOIOWA CITY, IOWA.
KNOW ALL MEN BY THESE PRESENTS:
That Iowa City Development Company does hereby certify and state
that it is the ownor and. proprietor of the following describsd real estate
situated .in Johnson County, Iowa, to-will
.' Commoncing on the W os t IIne SEt of Section 13, Township 79 North,
, ;. .' ." :'. Range f> West of illS 5th P. M. 1505 feet Soulh of cenler of said Soction.
. ::" .:. . 13; South 89~2l' EasI4;4\ 00 [(j~~; l'forth 60'.24' East.60. 09 feolto Ihe
.' dl i '. point of beginning; Sauth 11'.54i !;;ast 83.20 ,feot; Narth 46 '48' East
'I! i ' 185.90 feet; North 85.'021 Eaqt 312.30 feet; Narth 89 '16'30" East,315. 40
!:.I " ' feet; Nort40'4q!30"East ?90, 00 fe'et; South 49'i6! West.13Q,,00 foo.t; '.
I. ;., . South 79'2.4130~' Wesl 130.,00 f~et; North 40'47' West5l~.OO '[oet; Saul!t.
:. . .'.," ,):,:_',\",:' westerly alo!1g a. 2070 't'o.ot'"radllls curve: ~onc.ave Southeap\erly .who.~e"
i ,.", : :il..:"; '0'.".;:-. 212, ~8foot ~hord ~~~l~ Spu~ W45' W~pt; SOljthwpqterly ~~png a' 450, 6
i ;:. ,. C. " t~ot racjlu~' cu~y~ cqijcalt~ SOI!~~llsterly wha~p 215. 5 foo~ ~hQr~ p'pa~'s sq,t~
I . :,1.. . ,")', : .: i,' 44' 09' W.qst;"SQIIIl1~~11(illang a 150.13 faat rqdius curve;toncaYQ ~~st, .:;
I . :': ; .: ,:'.' i'~":i' erly whase 7~.'Q foof~IiQi:d bears South l6'12!":W~sl;;Soulhp~1y' arang.ia, '.: . -,
. :' .:,.',\~;. j~,\'~' ?QQ.' ~~ ~aot, radl.us cq~';:<~onca~~'~aSle~!y'lY~~~e !~~, ~ fqot ~bpr.9 ll~~~~.:
. .i' :\ "~'i", 1\' ~1. SoutIi5!.3.81 tas~i So~~h~~.al~rlH}o.llg a PMb~t'ra<!f~9'Fu1fQ can,pavq' I ,
. '.',1.:' . Narl'leasterfY w~osp' ~.Z2, 60 ioot chprd ~~ar~ Saulh ~1'p5,!'ji;asl to tho
::. .. pol~~pfpeg~~lngl'cRm~~p,in~ 7,~5'~cres'more' or\)~Ii'p.'il. :'. . 'i,.
. . That the subdivision af said real estate as appears an the plat 10 which
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this certl.flcatian and dedicatian is altached is with its free consent and in ac.
cardance with the desire af the proprietor. The streets and parks in sald sub.
division are hereby dedicated to the public as pravided by Chapter 409 af the
1971 Code af Iawa.
The areas designated as op~n spaces an said plat are hereby reserved
by the Iowa City Development Campany farl
A. Easement. for utilltiul B. Th~ purpose a! canveying under such
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terms and conditions as may be prescribed, said open spaces to Village Green
Hameowners Association tor the ,!se and benefit a~ the members of such asso.
elation.
Dated at Iowa Cfty, IOWa,
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RESOLUTlONST A TING THE CITY'S COMMITMENT TO PROVIDE
A NORTH ACCESS TO THE SOUTH WASTEWATER TREATMENT
PLANT SITE AND TO RESTRICT THE USE OF NURSERY LANE.
WHEREAS, The City of Iowa City, Iowa and Johnson County, Iowa entered into a Conditional
Zoning Agreement for the South Wastewater Treatment Plant Site ("Site") on April 5, 1988;
and
WHEREAS, The Conditional Zoning Agreement contained conditions assuring that Iowa City
would construct a north access road to the site, and that access to the site would be limited
to the existing south access road and the new north access road, except for emergency
situations; and
WHEREAS, the Conditional Zoning Agreement also provided an opportunity for the County to
review and comment on any modifications of park plans for the site; and
WHEREAS, the City of Iowa City has annexed the South Wastewater Treatment Plant Site and
has zoned the property P, Public, making the Conditional Zoning Agreement null and void; and
WHEREAS, the City of Iowa City desires to reaffirm the commitments made in the Conditional
Zoning Agreement regarding access to the Site and County review of park plans.
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NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, THAT:
1. The City of Iowa City shall, when feasible, construct a north access road to the South
Wastewater Treatment Plant Site.
2,
Access to the South Wastewater Treatment Plant site shall be limited to the Existing
south access road and the new north access road, except for emergency situations.
3.
Use of Nursery Lane shall be restricted to emergency circumstances, and will not be
open for general public use.
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4.
The City shall provide Johnson County with the opportunity to review and comment
on any plans for the development of a park on the South Wastewater Treatment Plant
Site.
Passed and approved this
day of
,1994.
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ATTEST:
CITY CLERK
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October 28, 1994
Steve Lacina, Chair
Members of the Johnson County Board of Supervisors
Johnson County Administration Bldg.
Iowa City, IA 52240
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CITY OF IOWA CITY
Re: Letter of City Council's intent to comply with conditional zoning agreement
Dear Steve and Members of the Board:
This is to inform you that the City Council's desired intent is to comply with the conditional
zoning agreement entered into between the City of Iowa City and the Johnson County Board
of Supervisors in 1988, in order to facilitate the City's acquisition of property and construction
of the south wastewater treatment plant.
As previously discussed, both formally and informally, by the City Council and as now
expressed formally to the Johnson County Board of Supervisors, the City Council wishes to
confirm that they will comply with the conditional zoning agreement, even after annexation
of the south wastewater treatment site and adjacent City land, in all respects concerning the
City's recreational/park site plans, use of county roads, and providing access to the proposed
soccer fields from the north,
We look forward to working with the County on mutually beneficial projects, and the City
Council believes that full joint cooperation among our two governmental entities will further
public trust in their elected governmental officials.
Cordially yours,
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Susan M. Horowitz
Mayor
cc: City Attorney
City Clerk
City Manager
Public Works Director
Parks & Recreation Director
County Zoning Administrator
County Engineer
County Attorney
Carol Peters
Pianning Director
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RESOLUTION NO.
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RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO
ATTEST AN AGREEMENT BETWEEN STANLEY CONSULTANTS, INC. OF
MUSCATINE, IOWA, AND THE CITY OF IOWA CITY TO PROVIDE CONSULT-
ING SERVICES TO PERFORM VALUE ENGINEERING STUDIES ON THE IOWA
CITY WATER FACILITY IMPROVEMENTS PROJECT.
WHEREAS, it is in the public interest to evaluate the design of the water facility improvements
project as developed by the City's design consultant, Howard R. Green Company; and
WHEREAS, the City has negotiated an agreement with Stanley Consultants, Inc.; and
WHEREAS, the City Council deems it in the public interest to enter into said agreement with
Stanley Consultants, Inc. for consulting services to provide value engineering services to Iowa
City's water facility improvement project.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, THAT:
1.
It is in the public interest to enter into the Consultant Agreement with Stanley
Consultants, Inc., attached hereto and incorporated by reference herein, and said
Agreement is hereby approved as to form and content.
2. The Mayor and City Clerk are hereby authorized and directed to execute the agreement
with Stanley Consultants, Inc.
Passed and approved this
day of
,1994.
MAYOR
ATTEST:
CITY CLERK
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CONSULTANT AGREEMENT
THIS AGREEMENT made and entered into this day of .
1994, by and between the City of Iowa City, Iowa, a municipal corporation, hereinafter referred to
as the CITY and Stanley Consultants, Inc., of Muscatine, Iowa, hereinafter referred to as the
CONSULTANT.
WHEREAS, the City of Iowa City, Iowa, is desirous of obtaining the services of a consulting
firm in order to conduct two (2) one-week Value Engineering Studies on the Iowa City Water
System Improvements Project. .
WHEREAS, the City of Iowa City has negotiated an agreement for said consulting services
with Stanley Consultants, Inc" of Muscatine to provide said services.
NOW THEREFORE, it is agreed by and between the parties hereto that the CITY does
now contract with the CONSULTANT to provide services as follows:
1. SCOPE OF SERVICES
CONSULTANT agrees to perform the following services for the CITY, and to do so in a
timely and satisfactory manner.
CONSULTANT will provide a team of five (5) people to conduct two one-week Value
Engineering Studies on the Iowa City Water System Improvements Project. The first study
\vill be conducted on the Design Outline (35 to 40 percent) submittal and the second study at
approximately a 65 percent design stage.
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CITY will provide a conference room in their office for the study in Iowa City. CITY will
also provide copies of the design documents and cost estimate.
CONSULTANT will give an oral presentation of each Value Engineering Study on the last
study day and will deliver ten (10) copies of the Final Report for each Value Engineering
Study within ten (to) days of the study's end.
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II. TIME OF COMPLETION
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It is understood and agreed by and between the parties hereto that project schedule depends
on input and interaction between the parties as well as other outside factors which may be
unplanned and largely uncontrollable. Schedule milestones are therefore subject to adjust-
ment based on actual conditions which occur during the course of the project.
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The CONSULTANT shall complete the Project in approximate accordance with the schedule
shown in the Scope of Services above.
III. GENERAL TERMS
A The CONSULTANT shall not commit any of the following employment practices and
agrees to prohibit the following practices in any subcontracts:
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1. To discharge or refuse to hire any individual because of their race, color, religion,
sex, national origin, disability, age, marital status, or sexual orientation.
2. To discriminate against any individual in terms, conditions, or privileges of employ-
ment because of their race, color, religion, sex, national origin, disability, age, martial
status, or sexual orientation.
B. Should the CITY terminate this Agreement, the CONSULTANT shall be paid for all
work and services performed up to the time of termination. However, such sums shall
not be greater than the "lump sum" amount listed in Section IV. The CITY may
terminate this Agreement upon seven (7) calendar days' written notice to the CONSUL-
TANT.
C. This Agreement shall be binding upon the successors and assigns of the parties hereto,
provided that no assignment shall be without the written consent of all parties to said
Agreement.
D. It is understood and agreed that the retention of the CONSULTANT by the CITY for
the purpose of the Project shall be as an Independent Contractor and shall be exclusive,
but the CONSULTANT shall have the right to employ such assistance as may be
required for the performance of the Project.
E. It is agreed by the CITY that all records and files pertaining to information needed by
the CONSULTANT for the Project shall be available by said CITY upon reasonable
request to the CONSULTANT. The CITY agrees to furnish all reasonable assistance in
the use of these records and files.
F. It is further agreed that no Party to this Agreement shall perform contral)' to any state,
federal, or local law or any of the ordinances of the City of Iowa City, Iowa,
G, At the request of the CITY, the CONSULTANT shall attend such meetings of the City
Council relative to the work set forth in this Agreement. Any requests made by the
CITY shall be given with reasonable notice to the CONSULTANT to assure attendance.
H. The CONSULTANT agrees to furnish, upon termination of this Agreement and upon
demand by the CITY, copies of all basic notes and sketches, charts, computations, and
any other data prepared or obtained by the CONSULTANT pursuant to this Agreement
without cost, and without restrictions or limitation as to the use relative to specific
projects covered under this Agreement. In such event, the CONSULTANT shall not be
liable for the CITY's use of such documents on other projects.
I. The CONSULTANT agrees to furnish all reports, specifications, and drawings, with the
seal of a professional engineer affIXed thereto or such seal as required by Iowa law.
1. The CITY agrees to tender the CONSULTANT all fees in a timely manner, excepting,
however, that failure of the CONSULTANT to satisfactorily perform in accordance with
this Agreement shall constitute grounds for the CITY to withhold payment of the
amount sufficient to properly complete the Project in accordance with this Agreement.
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K. Should any section of this Agreement be found invalid, it is agreed that the remaining
portion shall be deemed severable from the invalid portion and continue in full force and
effect.
L. Original contract drawings shall become the property of the CITY. The CONSUL-
TANT shall be allowed to keep mylar reproducible copies for the CONSULTANT's own
filing use.
M. Fees paid for securing approval of any authorities having jurisdiction over the Project
will be paid by the CITY.
IV, COMPENSATION FOR SERVICES
A Methods, Amounts, and Payments
1. CITY shall compensate CONSULTANT for CONSULTANT's services a lump sum
fee or $56,000, with $28,000 payable after delivery of the first Value Engineering
Study Report and $28,000 payable after delivery of the second Value Engineering
Study Report.
"
V. MISCELLANEOUS
A All provisions of the Agreement shall be reconciled in accordance with the generally
accepted standards of the Engineering Profession.
B. It is further agreed that there are no other considerations or monies contingent upon or
resulting from the execution of this Agreement, that it is the entire Agreement, and that
no other monies or considerations have been solicited,
FOR THE CITY
FOR ThE CONSULTANT
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By:
Title:
Title:
Vice President
Date:
Date:
October 31. 1994
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Approved By:
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City of Iowa City
MEMORANDUM
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TO:
FROM:
DATE:
RE:
Steve Atkins
Chuck Schmadeke
November 17, 1994
Value Engineering Study - Water Facilities
On November 22, 1994, the City Council will be voting on a resolution to approve an agreement
~ith Stanley Consultants, Inc., to perfonn a value engineering study on the water facilities
design. The study will be in two phases, the first upon completion of the design outline report
(tentatively scheduled for mid-December), and the second at approximately 65 % of final design
(probably toward the end of March).
The purpose of the study is to analyze the treatment processes, various design elements, and ease
of construction in an attempt to reduce costs. In other words, investigate alternative ways to
perfonn the basic treatment functions for less cost.
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Federal agencies such as the Environmental Protection Agency, the General Services
Administrative and the Corps of Engineers routinely require value engineering studies on
federally financed projects.
Also, Public Works believes that a review of the design work completed by Howard R. Green
Company, through the utilization of a qualified professional engineering team lead by a certified
value engineering specialist and including multi-disciplinary engineering professionals, is
necessary since the owners of the water source and treatment site have hired their own engineer
and have been publicly critical of Howard R. Green's work.
This study was previously discussed and recommended to the City Council during the early
stages of design work and they appeared to be favorably disposed to the recommendation,
Public Works recommends proceeding with the value engineering study.
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RESOLUTION NO.
94- 34 7
RESOLUTION RATIFYING SETTLEMENT OF PENDING LITIGATION
WHEREAS, on October 22, 1993, Debbie Olson, through her attorney Martin Diaz, filed an
action in the Iowa District Court in and for Johnson County, for injuries sustained in a fall on
city-owned property on Madison Street in Iowa City; and
WHEREAS, in an effort to save expenses of prolonged litigation, the parties have negotiated
a settlement agreement, which both parties feel is in the public interest; and
WHEREAS, it is appropriate to ratify said settlement, as provided by law, with payment to
Plaintiff Olson in the amount of $30,000.00 in full satisfaction of the pending lawsuit against
the City in the above case and in consideration for Plaintiff's full release and dismissal of
lawsuit, Docket No. 55272.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, THAT:
1. The above-named action should be and is settled for the sum of $30,000.00
as of November 14, 1994, payable to Debbie Olson and Martin A. Diaz, her
attorney of record, in full satisfaction of the pending lawsuit, Docket No.
55272.
2. The City Council for the City of Iowa City, Iowa hereby specifically approves
said settlement as being in the best interest of the City of Iowa City,
3. The settlement is hereby ratified, contingent, however, upon Plaintiff Debbie
Olson's execution of an appropriate Release and Satisfaction, and upon the
execution of an appropriate Release and Satisfaction by the subrogated insurer,
Blue Cross and Blue Shield, for payments made to medical providers on
Plaintiff's behalf, both of which shall be filed with the Clerk of Court for
Johnson County District Court in the above action.
Passed and approved this 22nd day of November
,1994.
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ATTEST: 7J/~0.R ~)
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Resolution .No. 94-147"
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It was moved by Novick and seconded by
adopted, and upon rol~ call there were:
Knhhy
the Resolution be
. AYES: NAYS: ABSENT:
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X Horowitz
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