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HomeMy WebLinkAbout1977-10-18 ResolutionRESOLUTICN NO. 77-403 RESOLUTION OF APPROVAL OF CLASS "C" BEER PERMIT APPLICATION BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class "C" Beer Permit Application is hereby approved for the following named per- son or persons at the following described locations: Inland Transport Co. dba/Kirkwood 76, 300 Kirkwood Ave. Said approval shall be subject to any conditions or restrictions hereafter imposed by ordinance or state law. The City Clerk shall cause a recommendation for approval to be endorsed upon the application and forward the same together with the license fee, surety bond and all other information or documents required to the Iowa Beer and Liquor Control Dpparkmsnt. It was moved by Balmer and seconded by Ferret that the Resolution as read be adopted, and upon roll call there were: Balmer deprosse Foster eu auser erre Selzer evera AYES: NAYS: ABSENT: x x x x x x Passed this 18th day of October , 19 77 lab 0 RESOLUTION NO. 77-404 0 C Beer BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class C Beer Sunday Sales Permit application is hereby approved oi�r die i ollowing named person or persons at the following described location: Inland Transport Co. dba/Kirkwood 76, 300 Kirkwood Ave. Said approval shall be subject to any conditions or restrictions hereafter imposed by ordinance of state law. The City Clerk shall cause a recommendation for approval to be endorsed upon the application and forward the same together with the license fee, bond, and all other information or docu- ments required to the Iowa Beer and Liquor Control Department. It was moved by Balmer and seconded by Perret that the Resolution as read be n op e , and upon roll call there were: AYES: NAYS: ABSENT: Balmer x deProsse x Foster x Neuhauser x Perret x Selzer Q Vevera x Passed this 18th day of October 19 77 me 3 RFSOI.UTION NO. 77-405 RESOLUTION TO REFUND A PORTION OF CLASS C LIQUOR LICENSE FEE wimitEAS, Terrence W. Taylor dba/ The Serendipity Pub at 1310 Highland Court has surrendered Liquor Liccnse n C-8039 , to the Iowa State Beer & Liquor Control Department, and has received the State share of 3S% of one quarter of the liquor license fee, and, IVHEREAS, the above licensee has applied for refund of the City' share of 65% of one quarter of the liquor license fee, BE IT RESOLVED BY THE CITY COUNCIL OF IOIVA CITY, IOIVA, that the Mayor and City Clerk be authorized and directed to draw a warrant on the General Fund in the amount of $ 211.25 , payable to Terrence Taylor 208 Westgate, Cedar Falls,IAfor refund of portion of Liquor Permit a C-8039 It was moved by Balmer and seconded by Perret that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x deProsse X Foster x Neuhauser x Perret x Selzer x Vevera Passed and approved this 18 day of October X19 77 MAIM C L d1,fA,l.l In n Mayor Q ATTEST: City Clerk RESOLUTION N0. 77-406 RESOLUTION APPROVING CLASS C Liquor LIQUOR CONTROL LICENSE APPLIL'lTM BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class C Liquor Control License application is hereby approveeor the following named person or persons at the following described location: Richard Jack Bartholomew dba/Bart's Place, 826 South Clinton Said approval shall be subject to any conditions tor re- strictions hereafter imposed by ordinance or State law. The City Clerk shall cause a recommendation for approval to he endorsed upon the application and forward the same together with the license fee, certificate of financial responsibility, surety bond, sketch of the premises and all other information or documents required to the Iowa Beer and Liquor Control Department. It was moved by Balmer and seconded by Perret that the Resolution as raffia be adopted, and upon roI ca there were: AYES: NAYS: ABSENT: Balmer x deProsse x Foster x Neuhauser x _ Ferret x Selzer x _ Vevera x Passed and approved this 18th day of October 19 77 • • RESOLUTION N0. 77-407 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, RE 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 same are hereby approved, and the City Clerk be and he is hereby directed Lo issue a permit to sell cigarette papers and cigarettes to the following named persona and firms: Richard J. Bartholomew dba/Bart's Place, 826 South Clinton It was moved by Balmer and seconded by Perret that the Resolution as read be a opted, and upon roll c— a were: AYES: NAYS: Balmer X deProsse X Foster X Neuhauser X Perret X Selzer X Vevera X ABSENT: Passed this 18th day of October 19 77 RESOLUTION NO. 77-408 RESOLUTION AUTHORIZING CITY MANAGER TO PURCHASE PROPERTY FROM IOWA CITY CATHOLIC HIGH SCHOOL, INC., (REGINA HIGH SCHOOL), AND FLOOD WAY EASN ENTS FROM OTHER ADJACENT PROPERTY OWNERS. WHEREAS, the City of Iowa City, Iowa, (hereinafter the City) desires to purchase real property from the Iowa City Catholic High School, Inc., generally described as follows: 1. A tract containing forty (40) acres, more or less, described as the Northwest 1/4 of the Northeast 1/4 of Section 11, Twmship 79 North, Range 6 West of the 5th P.M. 2. A floodway easement over a tract containing twenty-two (22) acres, more or less, described as the North 730 feet of the North- east 1/4 of the Northeast 1/4 of Section 1.1, Township 79 North, Range 6 West of the 5th P.M. 0 WHEREAS, the City desires to purchase additional floodway easements fran other adjacent property owners as necessary. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL Or THE CITY OF IOWA CITY, IOWA: 1. That the City Manager is authorized to effect the purchase of the above- described property interests. 2. That the Mayor is authorized to sign, and the City Clerk to attest, this Resolution. It was moved by deProsse and seconded by Selzer that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Balmer X deProsse X Poster X Neuhauser x Perret X Selzer X Vevera Passed and approved this 18th day of October -KA'o-tc 1977. Mayor ATTEST: C��r J city Clerk dr BY THE IBLOA� lilJ'g `� 14 -1 -INT � F•�' 389% RESOLUTION NO. 77-409 RESOLUTION APPROVING FINAL PLAT 01: VILLAGE' GREEN SOUTH WHEREAS, the owner and proprietor, Village Green South, Inc, filed with the City Clerk the final plat and subdivision of Village Green South located on the followi.ng described real estate in Iowa City, Johnson County, Iowa, to -wit: Commencing at the center of Section 13, '1779N, R6IV of the SthP.M.; thence S 0° 39' 00" IV, 1805.10 feet on the west line of the southcast 1/4 of said Section 13 to the point of beginning, which point being the SG corner of Towncrest Part: 4, an addition to Jowa City, Iowa; thence S 0° 39' 00" IV, 900.00 feet on the west line of the southeast 1/4 of said Section 13; thence S 29° 04' 00" IV, 186.24 feet; thence S 55° 38' 39" IV, 55.91 feet; thence S 29° 04' 00" IV, 1S0.00 feet to the northerly R.O.W. line of the Chicago, Rock Island and Pacific Railroad; then cc N 60° 56' 00" 11, 480.00 feet on said northerly R.O.W. line of railroad; thence N 29° 04' 00" E, 416.00 feet; thence N 0° 39' 00" U, 633.50 feet to the SIV corner of said Towncrest Part 4; thence S 890 21' 00" E, 430.00 feet on the South line of said Towncrest Part 4 to the point of beginning. Said tract containing 12.12 acres. WHEREAS, said real estate is owned by the above named corporation, and the dedication has been made with the free consent and in accordance with the desire of the proprietor. WHEREAS, said plat and subdivision is found to conform with Chapter 409 of the 1977 Code of Iowa and all other statutory requirements. WHEREAS, said plat and subdivision was examined by the Planning and Zoning Commission which recommended that said plat and subdivision be accepted and approved. NOW, 'I'IIL•RI;PORE, Illi IT RESOLVED by the City Council of lowa City, Iowa, that said plat and subdivision located on the above described real estate be, and the same is herchy approved, and the dedication of the streets, easanents and public arca identified on the plat as Parcel Ii as by law provided is herehy accepted. 1 3 900 Res. 77-409 - Z - BE IT FURTHER RESOLVED that the City Clerk of Iowa City, Iowa, is hereby authorized and directed to certify a copy of this Resolution to the County Recorder of ,Johnson County, Iowa. The foregoing resolution was moved by Balmer and seconded by Selzer at a duly convened meeting of the City Council of Iowa City, Iowa, held at the Civic Center, Iowa City, Iowa, on the 18th day of October 1977, commencing at 7:30 P.M. Upon roll call, the following vote was taken: Balmer Aye x Nay Absent deProsse Aye x Nay Absent Foster Aye x Nay Absent Neuhauser Aye x Nay Absent Perret Aye x Nay Absent Selzer Aye x Nay Absent Vevera Aye x Nay Absent The foregoing is hereby duly certified by --- Abbie—st4lfus as a true and exact copy of a ResOl.ntiOn of the City Council of Iowa City, town, made at a regular meeting held on the 18th day of _October 1 1977• 0 0 Res. 77-409 - 3 Passed and approved thi 1977. ATTEST: C ty Clerk l � • RESOLUTION NO. 77-410 RESOLUTION AMENDING PAY RANGE FOR CLASSIFIED PERSONNEL, RESOLUTION NO.77-215 FOR CONFIDENTIAL EMPLOYEES. WHEREAS, the City of Iowa City, Iowa, employs certain personnel subject solely to the action of the City Council referred to as classified personnel, and WHEREAS, it is necessary to amend the Pay Range for Classified personnel as authorized by Resolution No. 77-215, NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOIVA, THAT, Resolution No. 77-215 be amended as follows: The following confidential employees shall receive as salary compensation that amount which is set forth after each respective title in lieu of all other fees and compensations except as otherwise provided by law, and where said confidential employee shall receive or collect any fees or other compensation from others for services as such employee, lie or she shall pay the same over to the City Clerk for the City Treasury. CONFIDENTIAL EMPLOYEES PAY PLAN Effective October 1, 1977 TITLE MIN MAX Clerk/typist-Confidential 674 814 Sr. Clerk/typist-Confidential 726 880 Mag Card Operator -Confidential 726 880 Secretary -Confidential 814 992 Sr. Account Clerk -Confidential 814 992 Sr. Bus Driver -Confidential 814 992 Deputy City Clerk -Confidential 814 992 Secretary to the City Manager -Confidential 880 1076 Civil Rights Specialist -Confidential 916 1124 It was moved by deProsse and seconded by Perret that the Resolution as read be a opt�nd upon roll call there were: AYES: NAYS: ABSENT: x Balmer X deProsse x Foster x Neuhauser x Perret x Selzer y Vevera 3 903 0 0 Res. No. 77-410 -2- Passed and approved this 18th day of October 1997. Mayor Q ATTEST: P City Clerk RECEIVED & A' R1' THE LEGAL RESOLUTION NO. 77-411 RESOLUTION AUTHORIZING AND DIRECTING THE CITY CLERK TO PUBLISH NOTICE OF INTENT TO ACCEPT PROPOSALS TO PURCHASE AND REDEVELOP CERTAIN URBAN RENEWAL PROPERTY WHEREAS, the City of Iowa City, Iowa, has under date September 2, 1970, entered into a contract for loan and grant with the United States of America; and, WHEREAS, the City of Iowa City, Iowa, has undertaken pursuant to said contract an Urban Renewal Project known as the City -University Project I, Project Number Iowa R-14; and, WHEREAS, the City of Iowa City, Iowa, has received an entitlement of funds pursuant to the Housing and Community Development Act of 1974; and, WHEREAS, the City of Iowa City, Iowa, has pursuant to the provisions of Title 24, Part 570, Section 570.801(c), of the Code of Federal Regulations, transferred Community Development Block Grant funds to said Urban Renewal Project, and transferred control of certain real property acquired in carrying out said Urban Renewal Project to the City Council of the City of Iowa City from the City Council acting as LPA, by Resolution Number 76-446, dated December 14, 1976, and by Resolution Number 77-312, dated August 9, 1977; and, WHEREAS, the City Council of Iowa City, Iowa, caused to be issued a solicitation of Offers to Purchase Land for Private Redevelopment; and, WHEREAS, Offers to Purchase Land for Private Redevelopment were received and opened by the City of Iowa City on September 15, 1977; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that pursuant to the authority granted by Section 403 of the 1977 Code of Iowa and Section 570.801(c) of Part 570, Title 24, Code of Federal Regulations, that the City Clerk is hereby authorized and directed to publish Notice of Intent to Accept Proposals to Purchase and Redevelop Certain Urban Renewal Properties, a copy of which notice is attached hereto and incorporated herein. BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to place on file and maintain for public inspection the Resolutions, Agreements, and Proposals referenced in said notice. The Resolutions and Agreements referenced in said notice are attached hereto and hereby incorporated herein. It was moved by deProsse and seconded by Foster the Resolution as read be adopted and upon roll call there were: AYES: NAYS: ABSENT: x Balmer v deProsse x Foster x Neuhauser x Perret x Selzer x Vevera that Res. 77-411 • -'-- Passed and approved this 18th day ATTEST: a6�cf City Clerk • October . 1977. Mayor RECEIVED & APPROVED BY .THE LEG J, DEP.AR,T14ENT • NOTICE OF SALE OF LAND • Notice is hereby given that the City of Iowa City, Iowa, acting pursuant to Chapter 403 of the 1977 Code of Iowa, undertaking an Urban Renewal Project (said project bounded by Washington Street on the North, Linn Street on the East, Court Street on the South, and an irregular boundary including the Iowa River, Front Street and Capitol Street on the West, all in Iowa City, Iowa) in- tends to accept proposals and enter into contracts for sale of land for private redevelopment for the following described real property in said Urban Renewal Area with the redevelopers identified below: Parcel Number Redeveloper 81-1 Richard Pieper 82-1a College Block Partners 93-1/101-2 Pentacrest Garden Apartments 93-2 Ervin Lovetinsky 101-1 Perpetual Savings & Luan Association 102-1 Mod Pod, Inc. 102-3,4 First Federal Savings and Loan Descriptions of said real property may be examined in the office of the City Clerk, Civic Center, 410 East Washington Street, Iowa City, Iowa, between the hours of 8:00 a.m. and 5:00 p.m. Monday through Friday. Persons wishing to review the agreements prior to the execution thereof and conveyance of a deed to the above described redevelopers may do so until November 20 at the office of the City Clerk. Dated this 21st day of October, 1977. Abbie Stolfus City Clerk City of Iowa City 71' RESOLUTION N0. 77-412 RESOLUTION ACCEPTING THE, WORK PERFORMED BY L. L. PELLING CO. FOR FY78 ASPHALT RESURFACING PROJECT WHEREAS, the Engineering Department has recommended that the im- provement covering the FY78 Asphalt Resurfacing Project as included in a contract between the City of Iowa City and L. L. Pelling Co. of Iowa City, Iowa. dated June 28, 1977 , be accepted, AMID WHEREAS, the Council finds the improvement is in place and does comply with the requirements for such improvements, AND WHEREAS, maintenance bonds have been filed, NOW THEREFORE, BE IT RESOLVED by the City Council of Iowa City, Iowa, that said improvements be hereby accepted by the City of Iowa City, Iowa. It was moved by Balmer and seconded by Foster that the resolution as read be a opt , and upon roll call ere were.' AYES: NAYS: ABSENT: BALMER x — dePROSSE X FOSTER x NEUHAUSER x PERRET x _ SELZER X _ VEVERA x Passed and approved this 18th day of October , 1977. Mayor ATTEST: City Clerk 3�aS RESOLUTION NO. 77-413 RESOLUTION ACCEPTING THE 19ORK FOR THE COLLEGE/DUBUQUE MALL STORM & SANITARY SEWER PROJECT 1%0FAS, the Engineering Department has recamnended that the im- provement covering the College/Dubuque Mall Storm & Sanitary Sewer Project as included in a contract between the City of Iowa City and Dave Schmidt Construction Coof Cedar Rapids, IA dated July 12. 1977 , be accepted, AND WHEREAS, the Council finds the improvement is in place and does comply with the requirements for such improvements, AND WHEREAS, maintenance bonds have been filed, NOW THEREFORE, BE IT RESOLVED by the City Council of Iowa City, Iowa, that said improvements be hereby accepted by the City of Iowa City, Iowa. It was moved by Selzer and seconded by Foster that the resolution as read be a opt , and upon roll call there were: AYES: NAYS: ABSENT: BALMER x dePROSSE x FOSTER x NEUHAUSER x PERRET x SELZER x VEVERA x Passed and approved this 18th day of October 1977, ATTEST: Mayor City Clerk D {a �l3 7 -7 3906 COIFICATIOJJ OF CGMPLETION OF WO and RECOMMENDATION OF ACCEPTANCE Project No. 1179 Project Description College/Dubuque Mall Storm and Sanitary Sewer Project -Owner: City of Iowa City, lona Contractor Dave Schmitt Construction Co., Inc—Address—Cedar Rapids, Iowa Surety: Traveler's Indemnity Co. Address Hartford, Conn. This is to certify that the work covered by the contract between Dave Schmitt Construction Co., Inc., Cedar Rapids, Iowa dated July 12, 1977 Consisting of College/Dubuque Mall Storm and Sanitary Sewer Improvements For $86,423.35 , has been completed in accordance with the plans and specifications this 1st day of October 19 77 . RECOMMENDED FOR FINAL ACCEPTANCE io�IDI �h I—F DATE RUSSCIAT0. FINGINE_ERS, INC, RY ( IOWA N0. 7985 APPROVED AND WORK ACCEPTED ON BEHALF OF/,//Z/ F /� Z�%�✓ /� � -x AI THIS _– DAY OF 19_�z JIVU 1,.4.1 MAYOR ATTEST CLERK 0 RESOLUTION N0. 77-414 0 RESOLUTION ACCEPTING THE MATERIALS SUPPLIED UNDER THE CONTRACT FOR FURNISHING OF EQUIPMENT FOR THE JEFFERSON/MARKET SIGNALIZATION PROJECT WHEREAS, the Engineering Department has recommended that the materials supplied under the contract for furnishing of equipment for the Jefferson/Market Signalization Project between the City of Iowa City and Roger L. Brown Sales Agency, Inc. of Moline, Illinois, dated February 8, 1977, be accepted, and WHEREAS, the Council finds that the materials do comply with the project specifications, NOW, THEREFORE, BE IT RESOLVED by the City Council of Iowa City, Iowa, that said materials be hereby accepted by the City of Iowa City, Iowa. It was moved by Foster , and seconded by Balmer that the resolution as read be adopted, and upon roll call t erxi a were: Passed and approved this 18th day of October , 1977. 1 I I C' 'VIX,I,I t- LW_LA MAYOR ATTEST: CITY RK �i-t$ to � W � 1l •� 3907 AYES: NAYS: ABSENT: BALMER x dePROSSE x FOSTER x NEUHAUSER x PERRET x _ SELZER x VEVERA x Passed and approved this 18th day of October , 1977. 1 I I C' 'VIX,I,I t- LW_LA MAYOR ATTEST: CITY RK �i-t$ to � W � 1l •� 3907 • RESOLUTION NO. 77-415 RESOLUTION ACCEPTING PAVING AND STORM SEWER IMPROVEMENTS FOR A PORTION OF BRAVERMAN CENTER ADDITION WHEREAS, the Engineering Department has indicated that the following improvements have been completed in accordance with plans and specifications of the City of Iowa City, The paving & storm sewer improvements for Lots 1, 2, and 5 of Block 2, Braverman Center Addition. (formerly Lots 1 & 2 subsequently redivided) NOW THEREFORE BE IT RESOLVED by the City Council of Iowa City, Iowa, that said improvements be accepted by the City of Iowa City. It was moved by Foster and seconded by Balmer that the Resolution as read be accepted, and upon roll call there were: AYES: NAYS: ABSENT: BALMER x dePROSSE x FOSTER x NEUHAUSER x PERRET x SELZER x VEVERA x Passed and approved this 18th day of October 1977 ATTEST:_' CITY CLERK MAYOR Cv i;ta L.-::[ M /7ar���s )v r1 .nY ���f ' "^i..i•in JI4'I A"11{G1.ur�1 1"ift't'' ti(yU 4S wl jl = 'r �-'� �t�'•3a?�� fG (i�j � �i1d4,h'F.'..}}f� 4'" ; {'rr`�fn%��'• ��(}�4' i�'r '�prri •� { it { 1 .l r W ./ i }, 'F Y q . 'fi if. �•i, • ! � ,,�,� y` �r1 IYti n c} ti i•`ni V lr i l i} `w•° � N }�Fn 7 I i�'$T f' f k i i ti 1� � � t i L /`{Tj) 1 (. 1..'1^ry Q+(i�' i�,�'tl.. �S�{ „A �.lnc, - f ♦'4ti, .. ,f 1..5}r Axi 4 if �J' C i l ..4:iyL,i n S 2 �h�","�p'n+,i',it"�,y��. kh.`.�I ri i�t�. �.�� ,2 .n'� r�l�rM1 .i�i�y }'�;���" �'� f�'"�.`.���$"J%J::fi'I• P Rolmr GYM' leECAVN,v S44CF•'/'100' 0 • P/NS r'OUNO 0 P/NS SCT OArF: 27 ✓ el ds ZO STORM SEWER EAnf1w,FNl N STATE OF 10WA JOHNSON COUNTY I, James W. Powers, hereby certify that on July 27, 1965 a survey was made of the above platted land under my supervision and direction and that the plat shown herein is in accordance with the field notes of said survey. I further certify that the survey was made at the direction of David Braverman. P. E. & ,. S. #3707 Subscribed and sworn before me this s 29th day of July, 19fi5. / /Jr NO Il l)11C IIILLLIIIIII SEP 19 19{665 GLEN V. ECKARD CITY CLERK A.9—MIA1 E N j THIS AGREEMENT made by and between SOUTHGATE DEVELOPMENT COMPANY, INC. hereinafter called Party of the First Part, and THE CITY Or IOWA CITY, IOWA, a municipal corporation, hereinafter known as Party of the Second Part, In consideration of the Party of the Second Part approving a proposed subdivision of Part of Block 2, Braverman Center, Iowa City, Iowa, the legal desoriptlon of which Is as follows: - In Township 79 North, Range 6 West, 5th P.m., Section 23 thereof; a parcel of land described as follows: Commencing at the N.W.' corner of said Section 23; Thence S 890 52' 40" E., 661,9 feet; Thence S 00 26' 20" W., 377.2 feet to the point of beginning, said point being on the southerly right of way of U. S. Highway #6; Thence S 00 26' 20" W, 611.93 feet; Thence N 690 33' 40" W., 436,31 feet; Thence N 890 33' 40" W., 60.00 feet; Thence N 00 26' 20" E., 350.59 feet to a 533,27 foot radius curve concave easterly; Thence northerly along said 533.27 foot radius curve, 201.30 feet; Thence N 220 04' 00" E., 75.00 feet to the southerly right of way of U. S. Highway 06; Thence S 670 56' 00" E. along said right of way 236.30 feet to a 3015.00 foot radius curve concave northerly; Thence easterly along said 3015.00 foot radius curve, 196.95 feet to the point of beginning. Said parcel contains 6.48 acres, more or less; the Party of the First Part agrees that it will install in said subdivision water mains, sanitary sower, storm drains, markers and paved street with concrete pavement at least twenty-five (25) feet in width, and sidewalks four (4) feet wide on both sides of the streets in said subdivision, all In accordance with the plans and specifications of the Party of the Second Part and under the direction of the City Manager, and within two years F..oLE0 SEP 29 1.1GS GLEN V. ECKARD riTV rI rev HART, SHULMAN, PHELAN 9 TUCKER, ATTOn"crn AT ,nw, IOWA CRY, Iowa -2 - after the final approval of this sLbdlvision. Party of the First Part may, however, pass the obligation as to construction of sidewalks on to the Party of the First Part further agrees to post an escrow :or curet purchaser of any lot, bond to Insure the completion of said Improvements as per Artie) N subparagraph D (4) (h) of the City of Iowa City, Iowa, Land Subdivision Ordln Ace. Party of the First Part agrees I�at public services to be furnished by Party of the Second Part, including, but not limited to, street maintenance, snow and ice removal, rubbish, refuse and garbage collection, will not be extended to this subdivision until all pavement is completed and accepted by Party of the Second Part. The Party of the Second Fart agrees that when such improvements have been installed to the satisfaction of the Party of the Second Part, it will file in the office of the County Recorder of Johnson County, Iowa, a good and sufficient release to the various lots In said subdivision so that this agree- ment will not constitute a cloud upon the title to the lots in this subdivision. This Agreement shall be construed as o covenant running with the land, and shall be binding on the parties hereto, their grantees, assignees and successors in interest. PARTY OF THE FIRST PART: SOUTHGATE DEVELOPMENT COMPANY, INC David , raverman, President ' By R: D. Braverman, Secretary STATE OF IOWA) ) es. COUNTY OF JOHNSON) On this 0 �� day of S/ i>/, PAWY OF THE SECOND PART: THE CITY OF IOWA CITY, IOWA i Richard Burger, Mayor Glen V. Eckard, Clark , 196S, before me, the under- signed, a Notary Public in and for said County, in said State, personally HART, SHULMAN, PHELAN a TUCKER, nrtnnarrn AT LAW, IOWA CITY, IOWA appeared David Braverman and R. D. Braverman, to me personally known, who, being by me duly sworn, did say that they are the President and Secretary, respectively, of said corporation executing the within and foregoing instrument, that said instrument was signed on behalf of said corporation by authority of its Board of Directors; and that the said David Braverman and R. D. Braverman as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. K� << 'k AI(O Notary Public In and for s d County. HART, SHULMAN. PHELAN A TUCKER, AT Hrr,e AT LAW, mwn CITY, IOWA 1'unn el000l *A DEPARTMENT OF TRANSPORTATION HIGHWAY DIVISION ENTRANCE PERMIT c o (Application for Permit to Construct Entrance from Private Properly .o.. to Primary (toad or Primary Road Extension) Permit Number County__ Johnson _ Project U - 9 (8) Highway'Number U.S. 6r 218--aFa-Tara Applicant Charle9-+.-BiFIee —__ (Owner or Owners of Record) Address 405 R_ri9pviow Arg_ Tnln M�, TMrd A permit is hereby requested to construct a I. ts.. entrance 3b feel In width, from right of way (Type „A,,. "B" or "C") line to primary road traveled way, Including necessary dWnagestructute thereunder at Station 170+41 East side. PLAT OF ENTRANCE AS PROPOSED TO BE CONSTRUCTED IS ATTACHED TO AND IS A PART OF THIS APPLICATION. (Form 504) U.S. 6, 218 and Iowa Proposed entrance Is located on Primary Road No. I Sec. I, T. 79—N , R. F_41 Johnson County, In , mm—TUB( TOWS ri+y more specifically described a$ follows: (Direction) (Place, Town, or Object) A distanre of 180.5 f sat north of�he south tins of tjjQ_npl_I}west k ^eCtlon 15 T -79–N- R–F;–W, Johnston rainty The applicant agrees that If granted a permit to construct the above described entrance, the following stipulations shall govern. 1. Written approval of the Department shall be obtained before any change Is made In the entrance or Its location. 1. That the entrance, Including drainage structure, grading and surfacing, shall be Constructed by the applicant it theappiIcut's expense, in acoordaoce with the plat attached hereto and in conformity with the standard specifications of the Highway Division, and shall thereafter be kept in repair and maintained by the applicant at his own expense. Nothing In this stipulation, however, shall preclude the Department from entering upon said entrance on highway right of way and performing necessary maintenance lot the protection of the highway. S. That the wnsiruCtlon, of the entrance shall be completed by the 30 day of. May 11978 (The permit Is null and void It drive Is not completed by the above date unless extension Is granted In writing by the Department.) 4. That the construction, future ropait or maintenance of said entrance shall be carried on In such a way as not to Interfere with, or Interrupt traffic on said highway, and the nppl(cant shall lake all reasonable precautions to protect and safeguard the lives and propertyy of any person or persons, and shall ease the Stale and Department of Transportation harmless of any damage or losses that may be sustained by any Pelson of persons, on account of such construction, repair, or maintenance operations. 5. That no filling will be permitted In the right of way of primary road No 1)S 6 21 8 f 1201 other than that necessary to con- structlhe proposed entrance. That the culvert pipe under the entrants shall be lino coated corrugated metal or 15DOD concrete pipe. It shall be --- Inches In diameter and --- feel In length as shown an attached sketch, and of quality complying with Sec. 4141 and Sec. 4116 of the HI6hway Division Standard and Specifications, Series of 1664, or subsequent revisions. The pipe shall be Installed a the elevation specified by the engineer. The finished surface elevation of the driveway over the pipe fir place where the pipe "old normally be shall be— -- Inches lower than shoulder elevation at Station -- to prevent water draining onto the pavement or travel way. 6. That the applicant apses to give the Highway Division forty - night bouts notice of his intention to start construction on the highway right of way. Said notice shall be In writing to the person whose auto 1s shown on the reverse ids. 7. That all provisions herein relating to future repair at malotenance &ball be binding an all successors or &aligns of the applicant. B. Stipulations and requirements contained herein are not Intended to waive greater requirements of local coning ordinances. 3909 9. Applicant's altentlon is directedfact that private property may not be used s•a obstruct or encumber the public highway right of ray, or Interfere with the safely, Ort, Lod rights of public highway users. 10. That the ent=lee slopes shall be at a minir mn of 6: 1 slopes 11 By (Type name below line) ACKNOWLEDGEMENT STATE OF IOWA On this :?,CO day of A. D. 19T�, before me a Notary Public In and for said State or lows, personally appeared i �:221'al-ks-Z.O/ and to be known to be the person(s), owed In and who execute the (Asing instrument, and acknowledged, that executed the same as voluntary act Led deed. . . . . . . . . . . . . . . . Recommended rot approval by , Recommended for approval row I Illy or torn Resident Maintenance Engineer, 0019— on 19 ey Access hereby requested Is approved Led granted by the Department of Transportation, Highway Division Authorized City Official Title by Dist. Agent ZoNOg Officer Notice of date construction IL to start shall be sent by applicant to: Name Address NOTATION OF RECORD Filed for Record on the day of , 19_, al—o'clockM., Lod Recorded In of , on Page Recorder To be recorded by {tate for gpllcaNau a Class I, II, sad III highways. On Clue IV highway, pandis may be rworded by applicant it desired, r. I u a r 1 c 11ca L i eeLinc{ o CT. 1�/ I `M _jnd,x # M10 -59),9 Fair I