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Home My WebLink About1977-08-23 Ordinance;1 ORDINANCE NO. 77-2857 ANOINANCE VACATING A PART OF FERO AVE- NUE IN BLACK'S PARK ADDITION, IOWA CITY, IOWA, BETWEEN THE NOV.TH RIGHT-OF-WAY LINE OF PARK ROAD AND THE SOUTH RIGHT-OF-WAY LINE OF GOULD STREET. Section 1. The purpose of this ordinance is to rectify certain title problems concerning Ferson Avenue between the North right-of-way line of Park Road and the South right-of-way line of Gould Street, by vacating a portion of Ferson Avenue. Section 2. The Council, by passing this ordinance, finds that the present owners of Lots One (1) and Ten (10) of Block I in Black's Park Addition to the City of Iowa City, Iowa, and the present owners of Lots Four (4) and Five (5) in Block G in Black's Park Addition to the City of Iowa City, Iowa, have furnished to the City a waiver agreement in record- able form binding themselves and subsequent owners, which agreement waives their right to snow removal and maintenance services from the City, and further waives any liability described further herein which is not vacated. Section 3. There is hereby vacated the following right-of-way: All of Ferson Avenue shown on the plat of Black's Park Addition, Iowa City, Iowa, which plat can be found at Plat Book 2, page 38, of the plat records of Johnson County, Iowa, lying between Blocks I and G and running from the north right- of-way line of Park Road to the south right-of- way line of Gould Street, except for the center twenty (20) feet thereof, subject to retention of utility easement across the vacated portion of said r -o -w. Section 4. That part of Ferson Avenue from the north right-of-way line of Park Road to the south right-of-way line of Gould Street which remains public right-of-way is designated as an officially approved place. Section 5. If any section, provision or part of the Ordinance shall be adjudged to be invalid or un- constitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. Section 6. This Ordinance shall be in full force & effect when published by law. Passed and adopted t:,W-� 23rd day of August, 1977. Carpi deP,rosse, Mayor Pro Tem ATTEST: 41 93 Ord, # 77-2857 Page 2 It was moved by Foster , and seconded by Balmer , that the Ordinance be adopted, an upon roll cal there were: AYES: NAYS: ABSENT: x BALMER x_ dePROSSE x FOSTER x NEUHAUSER x PERRET x SELZER x VEVERA lst consideration 8/9/77 Vote for passage: Ayes: Selzer, Vevera, Balmer, deProsse, Foster, Neuhauser, Perret. Nay: None.' 2nd consideration 8/16/77 Vote for passage: Ayes: Foster, Neuhauser, Perret, Selzer, Vevera, Balmer, deProsse. Nays: none. Date of Publication RECEIVED & APPROVED BY THE LEGAL DEPARTAOHT *City of Iowa Cit* MEMORANDUM DATE: August 4, 1977 TO: Neal Berlin, City Manager FROM: Bob Bowlin, Asst. City Attorney RE: Vacation of a Portion of Ferson Avenue Dear Neal: Attached to this memo please find a copy of a proposed ordi- nance to vacate a portion of Ferson Avenue in Black's Park Addition to the Cit_v. You will recall that this muter has been going on for sere time. In 1941 there was an attempted private vacation of Ferson Avenue. A title objection was raised to this a couple of years ago and I believe it is a valid objection. Ferson Avenue, in 1941, was a part of the City of Iowa City and I believe only the Council could have vacated the area. The abstract for the four properties that abut this portion of Ferson Avenue shoo it to be vacated and these people have long felt that they vaned to the center line of Ferson Avenue. What is now being proposed is that the City vacate all but a 20' strip dawn the center of Felson Avenue and that the abutting portions of this area be sold to the property owners. Mr. Richard Tucker has submitted to rte some waivers from the abutting property owners which would waive their right to snow removal and maintenance by the City for the 20' strip. The ordinance would vacate all of Ferson Avenue except for a 20' strip dawn the middle. Because of the waivers, the City would not be required to provide snow removal or other neintenance services on the strip. The strip would be designated as an officially approved public place so that grading could occur, if desired, on the back two lots. Please look at a map of the area which is attached. On it you will see the areas marked A through D. These are the areas to be vacated and sold. I have checked with the Public Works Depart- rrent to see if there are any public utilities located in those areas (A through D) . They inform me that there are none, except that there is a private water service through areas A and D. This private water service presumably services lots 4 and 5 in Block G. I have discussed this matter with Mr. Richard Tucker and he has assured me, that an appropriate easement will be drawn up protecting the interests of these property owners to water service. It is my reeomrendation that subsequent to the vacation, the City should not convey parcels A and D to the abutting property owners until such time as the City is satisfied with the agreements for the water service. Mr. Tucker has informed me that this will be no problem, and indicated that he would be working with the Public Works people to take care of this natter. 0 -2- I have also had discussions with Mr. Tucker and John Hayek concerning a discrepancy in the legal descriptions between those found in the vacation ordinance and those found in the waiver agree- ments. Those found in the waiver agreerrents are incorrect to the extent that they do not denote Blocks I and G. Ho..ever, the waiver agreements do refer to lots 1, 4, 5, and 10 as shown on the plat of Black Park Addition, which lots comprise all of -the private property adjacent to the above-described part of Ferson Avenue. The above- described part of Ferson Avenue is shown to be lying between Blocks I and G in the said Black Park Addition. Therefore, it is Mr. Tucker's conclusion, as well as the conclusion of John Hayek and myself, that there is no likelihood that there could be any misunderstanding about which parcels are intended, and therefore we would not rend that Mr. Tucker be required to go back and obtain signatures on corrected waiver of forms. This proposed vacation has been approved by the Planning & Zoning Conmission and the Council has held a public hearing on the matter. If you have any further questions, Neal, please let me know. Thank you. Q , Bob Bowlin Attachment 37 0 q• yo, Q Q QQ ; '� � y d• 9 . q° AP ® o� Q O O y 9 Y O O! 90• ; •, G. G. 90' G. c y 90 Yl tha, .Sv.Yv¢� and, svb-d.:v�i�Olt\ 0S t`nq ':�tti mva �in td, hazes o�so;�A, swcveA; eat 1�h2S, N10"Ok ohc exc,e �'�oh •. 1� c�'�he ih, t,�¢o,ct s\d,¢ �.� v,�cht�nsor 49Z"'lvV.e-t-( *% >i11G 110 GGv QX a \6t tr- kc\'v 7Y\ a$ �O\�t s rgo.vK�'d� -�6w, —a--. S� t�Kes,Wll ',ofd Lot lints , o Y\� oS� `o't, vases -,ce\t1, Q•aoa.Vve�v -L\.yes.; exc,9. •Sat•q\te5, 0.S Y�a�2c�, //'�• ', ani e,1 avid, eevs a:t¢s ZOOK. 1177OLe %a 7,610 • 3 y93 '. I' ' • 0 IN CONSIDERATION III' Iltr Cily of Iowa Cite. Iona, vacating the following described real eSlale located in Mack's P;trk Addition, lunei t'ily, Iowa, and shown on Ihr plat thereof recorded in flat Rook ', :it Pai•v S of the flat Records of .l ohnson ConnI y, lona, to nil: All of Person Avenue shown on s;iid nlaI, lyinc; Ile I!IVOCII Block I and G and runnino• frost the north line of, Park toad to file south line of Gould Street, except ror Ili• center lwenly ('n) FCot rheruof, which will remain a oublir rit_hl- of-nsly and an officially approved place, the undersigned, heing the owners ur Lots nuc (I), roof. (4), Five (5), and An 1`101 as shown on the olal of Black's Park (Addition, which Luys ccutpris(' all of the privalc pru- part.y adjacent to the ,hove descrihod part of Person Avenue, do hereby expressly waive oil bcholl of thenlselecs and all subseyucnfowns rs of said ad jnccnl pronerl)' Ihcir ri4ltl to huvc the Cir)' of Iowa City. IOICI, remove snot, frnnt and main- tain filo exceplcd ccnrer twenty (ZII) foot Poll Iit- I'ighl -of- way. This MliVel' N�11'0011tcnl shall he null incl void it• the City of folia City, Iowa, docs nut finally vacate the above described part of Person Avenue. 4 3y9.3 0 r FOR THE LEGAL EFFECT OF THE USE OF THIS FORM, CONSULT YOUR LAWYER STATE OF IOWA, ..........JOHNSON ............... COUNTY, ss: On this ...... /.0 ....... day of..._ ......... 0AY.................. A. D. 19.7...., before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared ......... Dr. :.L: .H. Jacques and Mrs. L. ..................._.........................s .....L........ H. Jacques ....................................................................................«.................................................................................................................... to me known to be the identical persons named in and who executed the within and foregoing instrument, to which this is attached, and acknowledged that they executed the some as 1f oir voluntary act and deed. sr."r'E ................ .JL—:ir..r.��:..<..-r.-.y ................ NotaryPublic in and for s; County ..:..w,rlrrr.n.,Y+rr.rr�.�..nu<rt.�r..r.uar«r..«v««.....a..........................�.,.r.:...r.e..:.n ... v...�.r�.....w�«....1.-.. �....�.n....r.�v..�...:..«n.iH..u,i44 n':aW4Wr'MI ,'• _ .....u. �+.--.u.;..vay�.�yrjW w ___...,...sM1N�YiJ✓b'�:J?'iL</tJiihNiMJtflu'iliM,(ttiYult\L'A.F'LiLrsN.V `YY.uu,�zNtl'/a,J:Yu�at"r.�iuwY '. 4nlJiwn447Tac^'�I.'�f^�'n�2f•SSi':.Lr1:x,.C...i.".G.r «.c,.i3.W�;;i7.. i..: - n.,""1 1' 1i :.'.�...�r.�..u:..:».. .;,....1....k •,,-••�r�.., m WAIVER .AGRLli`IIINT • IN CONS IDLRATION 01' the City of Iowa City, lowa, vacating the following described real estate located in Black's Park Addition, Iowa City, lova, and shown on the plat thereof' recorded in Plat Book 2, at Page 38 of the Plat Records of Johnson County, Iowa, to -wit: All of Person Avenue shown on said Plat, lying between Block I and G and running from the north line of Park Road to the south line of Gould Street, except for the center twenty (20) feet thereof, which will remain it public right- of-way and an officially approved place, the undersigned, being the owners of Lots one (1), Four - (4) , our(A), Five (5), and Ten (10) as shown on the plat of Black's Park Addition, which Lots comprise all of the private Pro- perty adjacent to the above described part of person Avenue, do hereby expressly waive on behalf' of' themselves and all subsequent owners of sai.d adjacent property, their right to have the City of Iowa City, Iowa rwaove snow Iroia and main- tain the excepted center twenty (2.0) foot public right-of- way. LOT OW-NIi12 1, 10 _ I,eiais if. Jacques n Richard (:. I'el!netCer 5 Georgia T. Pogncttor i Stcl M-1Ii Cc x: C i e F i C ti i 4 F THE LEGAL EFFECT OF THE USE STATE OF IOWA....- JOHNSON...... 'THIS FORM, CONSULT YOUR IAWTEp COUNTY, On this .:4TH day of. f 1 lA1' ....... A. D. 1977,_, before me, the undersigned, a Notary Public in and for the State of Iowa, Personally appeared...._..Steffi B. Hite singl.e ...... ... d ..: .. • ' j to me Inown to he the identical persons named in and who executed the within and foregoing instrument fo which i Phis is Offaehed, and actnowlcdged that ''hey executed the same as their voluntary act and deed. fe<fs G \) WA Richard hi Tu her. l ,, ' � St`te`�✓ 4 .Notary Public in and for the State of Iowa IOWA STATE BAR ASSOCIATION Ofheial Form No, l .: f a j WAIVER AGRBI:%II?NT 1N CONSIDERATION 01: the City of Iowa City, lova, vacating the following; described real estate located in Black's Park Addition, Iowa City, Iowa, and shown on the plat thereof recorded in Plat Book 2, at Page 3B of the Plat Records of Johnson County, Iowa, to -wit: All of Person Avenue shown on said plat, lying between Block I and G and running from the north line of Park (toad to the south li.ne of Gould Street, except for the center twenty (20) feet thereof, which will remain a public right- of-way and an officially approved place, the undersigned, being the ownors of Lots One (1), Dour (4), Dive (5), and Ten (10) as shown on the plat of Black's Park Addition, which Lots comprise all of the private pro- perty adjacent to the above descri.hed part of person Avenue, do hereby expressly wai.vc on behalf of themselves and all subsequent owners of said adjacent property, their right to have the City of Iowa City, Iowa remove snow from and main - tain the excepted center twenty (20) foot public right-ol' - way. i,o•r ow:NEI 1; 10 5 Lewis II. licqu—CS Evelyn M. Jacques ------ Rtcliard C. Pognot cr Goor,tn f. Pegnettter Steffi 13. Iii Cc n u 0 FOR THE LEGAL EFFECT OF THE USE OF THIS FORM, CONSULT YOUR LAWYER STATE OF IOWA ......... ..JOIINSONr ..r.., COUNTY, ss: On this..': i-xF� day of ^ d tILL y!.. before me, the undersigned, n Notary Public ... L. Ei.l.<.a i� A. D. 19 in and for the State of Iowa, personally appeared ... Richard . _C.. Pegnett or,. a,nd., GeOTg.za...T..... .. Pegnetter, husband and wife .............. . to me known to be tho iriontical porsons named in and who o.oculed the within and foregoing instrument, to whleh this is attached, and ackowlndged that they Weculed the sa Jas their yoluntary act d deed �,,••n. ;•",•�'� MARYELLENCHUDACEX MYCChIML5SI0N17fP1AEz �LiC '��C,%L�GC:N..C..[.��...... 1 ° ly �aef/Notar Public in and for the State of Iowa S=A107 IOWA STATE BAR ASSOCIATION OBielal Form No. 11 a,........ M-02Ga ♦m. rn„un., .rgn.n,4r v., um J I 0 0 ORDINANCE NO. AN ORDINANCE VACATING FERSON AVENUE NORTH OF PARK ROAD AND SOUTH OF GOULD STREET BE IT ORDAINED BY THE CITY COUNCIL OF IOl4A CITY, IO{@1: Section 1. That the in Iowa City, Iowa, hereinafter described be and the same is hereby vacated: All of Ferson Avenue north of Park Road and south of Gould Street except for the center 20 feet subject to the following contingencies: 1) that public utility easements be established for all existing utilities within the street right-of-way, 2);that the center 20 feet of Ferson Avenue be established as a public street and, for clarity, an "officially approved place", and 3) that an agreement from abutting property owners along Ferson Avenue north of Park Road be submitted which waives the City's responsibility and liability for street maintenance and snow removal of said right-of-way. Section 2. This Ordinance shall be in full force and effect when published by law. It was moved by and seconded by • that the Ordinance be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Passed and approved this i BALMER dePROSSE FOSTER NEUHAUSER PERRET , SELZER VEVERA day of \ 1976• SHULMAN, PHELAN, TUCKER, BOYLE & MULLEN AT"nmIcyB AT LAW LOYb SNuLMwN BREMER BUILDING WILLIAM V. PHELAN P. O. Box 2,90 WILLIAM M.Tucncn TCLV NGNL IOWA CITYI DANIEL W. BDYLC . IOWA 82240 Gs< -II Oa CMAnLE/ A.MULLCN (ANEW C..E 310) Snucc L.WALK R January 3 1977 enucc L.WwLecn r RI.HA.D M.Tucllcn Mr. Robert Bowlin Assistant City Attorney Civic Center Iowa City, Iowa 52240 Re: Ferson Avenue Vacation Dear Bob: I recently received a telephone call from Bill. Nusser, who is as you may recall, the executor of the Estate of Mary Hands. He reported a conversation that he had with, I believe, Max Selzer, who asked him why he didn't complete the Ferson Avenue vacation and further indicated that the council had approved the vacation. I indicated that I had no knowledge that such vacation had taken place, but would contact you to find C, out the current status of this matter. I understand that Mr. Mann is finalizing his appraisal and once this is done and submitted to you, would you please indicate what further steps need be taken to have this matter con- cluded. If possible, I would like to see this taken care of within the next month. Please lot: me hear from you at your earliest convenience. Very truly yours, 71 Richard M. Tucker RMT: sb ` 6= Q _