HomeMy WebLinkAbout1978-02-07 OrdinanceMiLtWr iLMLU by JORM 141CROLAB
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ORDINANCE NO. -28-2876
AN ORDINANCE ESTABLISHING A PLANNED
AREA DEVELOPMENT IN IOWA CITY, IOWA
BE IT ENACTED BY THE CI'T'Y COUNCIL
or
IOWA CITY, IOWA
SECTION I. PURPOSE. The purpose of this Ordinance is to approve
a planned area development in the City of Iowa City, Iowa, pursuant to Or-
dinance No. 2446.
SECTION II. APPROVAL.
Commencing at the East quarter corner of Section I G, T79N,
R6W of the 5th P.M.; thence North 365 feet to the North line
of West Benton Street; thence Westerly 370.5 feet on the
North line of West Benton Street to the centerline of Orchard
Street; thence Northerly 310.12 feet on the centerline of Or-
chard Street, to the point of beginning, all in accordance
with Recorded Plats as recorded In Johnson County, Iowa;
thence N 87° 26' 06" W, 440.96 feet; thence N 03' 07' 21"
E, 254.82 feet to the Southerly right-of-way line of the C.
R. I. and P. Railroad; thence northeasterly 428.67 feet, on
a 2100 fool radius curve concave Northwesterly (chord dis-
tance and bearing being N 870 25' 11" E, 427.93 feet); thence
S 0° 09' 59" W, 268,42 feet; thence S 870 26' 06" E, 32.53
feet to the East line of Orchard Street extended Northerly;
thence S 00 09' 59" W , 25.02 feet on the East line of Orchard
Street extended North; thence N 87° 26' 06" W 32. 53 feet
to the point of beginning.
is hereby approved as a planned area development in the City of Iowa City,
Iowa, to be developed as set forth in the plans for said area filed In the
office of the City Clerk of Iowa City, Iowa on the 3rd day of January
1978 .
SECTION III. BUILDING PERMITS. This Building Inspector is hereby
authorized and directed to issue all building and construction permits for sdld
area on the basis of conformance with said plan.
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MICRUi 1U4CD BY
JoRM MICROLAS
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I•liLmUi IL;'Il.0 by JOR14 111CROLAb
LLUAR kAr,iu: Ai`IU JLJ
MEAROON, SUEPPEL, DOWNER 6 HAYES
WILLIAM L.MCARUON
LAWYERS ICLEPIIONC
WILLIAM I. iUCPPCL
ROUCNI N.DOWNCR
122 SOUIH LINN STRECT 3311-0222
JAMLS P. HAYES
IOWA CITY, IOWA 52240 ARCA CODE 3I9
JAM CS D. MCCARRAGHCR
1110MAS J•`ILE"
January 23, 1978
MARK T IIAMCR
D.MOSARI
MARGARET T. LAINSON
Mr. Don Schmeiser
Department of Community
Development
Davis Building
Iowa City, Iowa 52240
RE: Alvin F. Streb - orchard Court Subdivision
Dear Don:
After our discussion on the telephone relative to the correction of
the erroneous legal description in the ordinance approving the planned
area development for orchard Court Subdivision, it would appear to me
that the City Council could approve an ordinance containing the proper
legal description without the necessity of holding a public hearing
or referring the matter back to the Planning and Zoning Commission.
I believe that the final preliminary plat filed for orchard Court
Subdivision contained the correct legal description, and that the
Planning and Zoning Commission actually acted on the proper plat.
Also, I believe that the public hearing was held on the planned area
development containing the proper legal description with the only
defects being in the procedures followed thereafter. It would
therefore appear to me that this matter is still awaiting final
action by the Council and that the three considerations, final passage
and publication are all that would be required to rectify this defect.
It should be borne in mind that we are dealing only with remedying
a procedural error. It is my assumption that, in all probability,
building permits have already been issued in the area in question
and a proper resolution approving the final plat of the subdivision
has been adopted by the Council. As I mentioned over the phone, money
is being held in escrow because of this error, which was only dis-
covered in connection with a title examination, and I would be hopeful
that, under all of the circumstances present, the problem could be
resolved with a minimum of difficulty and time being involved.
I would be happy to discuss this matter with you further at your
convenience. 1-1-1
ajv��_
cc: Mr. Alvin F. Stre
MICROFILM[[) BY
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DORM MICR+LAB
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