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HomeMy WebLinkAbout1977-04-19 Resolution• 0 RESOLUTION NO. 77-116 RESOLUTION TO ISSUE CIGARETTE PERMITS WHEREAS, the following firms and persons have made application, filed the bond, and paid the mulct tax required by law for the sale of cigarettes and cigarette papers; therefore, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the applications be granted and the cigarette bond now on file in the office of the City Clerk be and the some are hereby approved, and the City Clark be and he is hereby directed Lo issue a permit to sell cigarette papers and cigarettes to the following named persons and firms: University of Iowa dba/Finkbine Golf Course It was moved by Balmer and seconded by Selzer that the Resolution as rem e a opted, and upon ro ca —t ieie were: AYES: NAYS: ABSENT: Balmer X deProsse X Foster X Neuhauser X Perret X Selzer x Vevera X Passed this 19th day of April , 1977 77 -Py RESOLUTION NO. 77-117 0LEED APR 1977 ABBIE STOLFUS CITY CLERK Resolution Approving Final Plat and Final Sub—division Plan and Final Large Scale Residential Development Plan for "Westwinds" WHEREAS, a final plat of the "Westwinds", Iowa City , Johnson County, Iowa, has been filed with the City Clerk of Iowa City, Iowa, along with applications for approval of a Final Large Scale Residential Development Plan and a Final Sub -division PI -an and after consideration of the same was found to be in accordance with the provisions of the laws of the State of Iowa and the ordinances of the City of Iowa City, Iowa, by the Iowa City Planning and Zoning Commission and WHEREAS, a dedication agreement has been entered into between the City of Iowa City and all owners thereof which provides for the dedication of the street shown on the attached plat NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Iowa City, lows, that the said Final Plat and Final Sub -division Plan for the "Westwinds" be and the same are hereby acknowledged and approved on the part of Iowa City, Iowa. The Mayor and City Clerk are herebv directed to certify this resolution of approval and affix the same to said plat as by law provicted to the eno tnet the plat. may or; recordec. The agreement e-ttached to this Resolution is by this reference made n part of -t-,he Rocolut_linn fippro"irir Fin�d I-110 of the "Westwindsl'. FURTHER, of Iowa, that the :;aic Final Large Seale Reeldeitial Developnient Morn for i.GC'.; r pfw9 1, r' "hf- °WYPCh': 11 [i F'° RU, C'1't,:ryri Yrs Find [SIN !?emv [„i r.r- t" -0o,, x,rur'I^ SII]n rO7p9.j ori T.hf' r'"Ir'1 1:1 1owb C..1"., j -J I', T!(' Mwrrr rr Itwi' U I'/ I 1.7'F. urY fll'rutly c -rwl 1'pc - 2 - to certify this Resolution of approval and affix the same to said plat as by law provided to the end that the plat may be recorded. The agreement attached to this Resolution is by this reference made a part of the Resolution approving Final Large Scale Residential Development Flan of the "Westwinds" sub -division. itee was moved by Foster and secocall tnddeedd were: deprosse that the Resolution as read Bbbalmer and upon Aye x Nay Absent deProsse Aye _ x Nay _ Absent _ Foster Aye _j_ Nay _ Absent Neuhauser Aye x Nay _ Absent Perret Aye x Nay _ Absent _ Selzer Aye x Nay _ Absent Vevere Aye x Nay _ Absent The foregoing is hereby duly certified by Abbie Stolfus, the City Clerk of Iowa City, as a true and exact copy of a resolution of the City Council of Iowa City, Iowa, made at a regular meeting held on the 19th day ooff April 1977. Ic —� City Clerk of lowAZitY, Iowa Passed and approved this 19th day of April 0 1977, r Ait .��1llL't.Plll.d(A way al Att tt, 1 f C1Ly cleriK _-/ F JR9L 1977 D ADE31ESTOLFUS CITY CLERK AGREEMENT This Agreement made by and between Melrose Corporation the owner and subdivider hereinafter called the "Subdivider", and the City of Iowa City, Iowa, a municipal corporation hereinafter called the "City". WITNESSES: Section 1. Consideration and Covenant. In consideration of the City approving the proposed large scale residential development and subdivision, "West - winds", the Subdivider agrees as a covenant running with the land that the City shall not approve any building permit on any lots in the said subdivision unless and until concrete paving at least t -la feet in width, water mains and sanitary sewers have been installed in front of or adjacent to any lot on which a building permit had been requested, as required by the City of Iowa City, Iowa, under its platting ordinance. Section 2. Construction of Improvements. All such improvements as stated in Section 1 of this Agreement shall be constructed and installed by the subdivider accord rrg to the plans anc spectf ca t:or,s Cf thf, :' ty c'' Iowa C sty., Iowa, and under the direction of the City Engineer. Said d -.rection shall consist of occasional inspection of the work in progress, but shall not relieve or release the Sub- divide from its responsibility to construct s. 'd improvements pursuant to said plans and vilecificalion. !,;Hf 1.70!1 ".?lleWaikP. ?'hJ- l'; date of the approval of the final plat of said subdivision, to install sidewalks in said subdivision abutting said lots and within the "Walkways" designed on the plat, at least 4 feet in width and according to the plans and specifications of the City of Iowa City, and under the direction of the City Engineer as specified in Section 2. Section 4. Building Permit and Escrow Monies. It is further provided, however, that in the event the Subdivider, its assigns or successors in interest, should desire a building permit on any lot in said subdivision for which pavement, water mains and sanitary sewers are not in- stalled, the Subdivider, its assigns or successors in interest, shall deposit with the City Clerk in escrow an amount equal to the cost of said improvements plus 10 per cent thereof as determined by the City Engineer's Office of the City of Iowa City, Iowa. When said funds are deposited then in that event the Building Inspector of the City of Iowa City, Iowa shall issue a building permit provided that the applicant complies with all other requirements and ordJa ances of said city. Section 5. occupancy Permit. Prior to the issuance of an occupancy permit for any building erected pursuant to Section4, the City in its dis- cretion may require the Subaiviaer,� Ls assigrrs or Successor:; in interest, to construct and install such improvements as .-tated .i.n SeCtfnn 1. Section 6. Use of Escrow Mona.es. if after the issuance of an occupancy permit, the im- pr and i.netal l t+C, tlu :'i Ty mcy ure any .' unn, de,I c r '; �. d i u r t;r rnw tr ' Dric'l ^uI tush r 1 wr h Lla 1,ULL of the construction and installation of said improvements exceed the amount of said escrow, the City shall have a lien and charge against all the lots adjacent to or in front of which said improvements are made. The City shall refund to the depositor any escrow monies not used by the City after the construction and install- ation of such improvements. Section 7. Waiver. In the event the Subdivider, its assigns or successors in interest, should sell or convey lots in said subdivision without having had constructed or installed the pavement, water mains and sanitary sewers; or if the Subdivider, its assigns or successors in interest or the owners of the lots in said subdivision should fail to construct sidewalks, the City shall have the right to install and construct said im- provements and the costs of said improvements shall be a lien and charge against all the lots adjacent to or in front of which improvements are made and any lots which may be assessed for improvements under the provision of Chapter 384 of the Code of Iowa. The cost of such improvements need nct meet the requirements of notice, benefit or value as provided by law of the State of Iowa for assessing such improvements. It is further provided that this requirement to so construct said improvements is and shall remain a lien from date until pro- perly releaeed as hereinafter provided. 1�.^!'L: 4f�: e r. ._'•i ip;i, r -r.., t�q�r,i �.r (1 y. , t. i�,.,n, stalled to the setisfection of the City it will immediately file in the Off -ice of the County kecorder of Johnson County, 7-1n c vn,..,d q` -v`1"4-* r,1 i'e Fe " .r Wr. 'n lnt_c 'n "" BUbdIV1 r7 Ori F -r 1:10,1 1:11J, Al,r-f -M1R 111 Wa i I IIr11 I'M10.:! t0f- h cloud upon the title of the lots in said subdivision. Section 8. Street Maintenance. It is further provided that the subdivider and its assigns and successors in interest agree that the public services including but not limited to street maintenance, snow removal, rubbish and garbage collection need not be extended in said subdivision until the pavement is installed and accepted by the City. Dated this /72C day of �1977, at Iowa City, Iowa. By: MfiiveAt ents, Ltd. Solei e eral Partner of Mediu ments Ltd., an Iowa Limited Partnership STATE OF IOWA SS. COUNTY OF JOHNSON I, Larry Wall, a notary public in and for said county, in the state aforesaid, do hereby certify that Bruce A. Orr. to me personally known to by president of Melrose Corporation, a corporation, and also known to me to be the person whose name subscribed to the foregoing instrument, appeared before me this day in person and ac,knowl.edged that as such president he signed, and delivered the said instrument as Lhe free and voluntary act of said ;;orpo.-at_on, fo- the use and purposee therein set forth , and that he was duly authorized to execute thop same by ttile '•..nerd of di—w,t-rs nV BBid rnnporetinn_ ' Civen under my hand and notarial seal this /')'I' day of Q�� 1977. j W "-116 _ry ,u , i c -- __ 0 0 STATE OF IOWA ) SS. COUNTY OF JOHNSON On this /7 — day of �`�'�' 1977, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Bruce A. Orr, to me known and being duly sworn, did say that he is the Sole General Partner of Med- ivestments, Ltd., An Iowa Limited Partnership, and that said instrument was signed on behalf of said Partnership by authority of its Articles of Limited Partnership and said Bruce A. Orr acknowledges said instrument to be the free act and deed of said partnership. VAM 1IJIp'114YL LOT