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HomeMy WebLinkAbout1989-01-24 Resolution%.' RESOLUTION N0. 89-13 RESOLUTION ACCEPTING THE WORK FOR THE SANITARY SEWER, STORM SEWER, PAVING AND STORM INTAKE IMPROVEMENTS FOR DEAN OAKES SECOND ADDITION WHEREAS, the Engineering Division has certified that the following improvements have been completed in accordance with the plans and specifications of the City of Iowa City: Sanitary sewer and storm sewer improvement:. for Dean Oakes Second Addition as constructed by Jeffrey L. Maxwell Construction Co. of Iowa City, Iowa. Paving and storm intake improvements for Dean Oakes Second Addition as constructed by Metro Pavers, Inc. of Iowa City, Iowa. AND WHEREAS, maintenance bonds have been filed in the City Clerk's office, 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 Morowitz and seconded by Courtney that the resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X AMBRISCO i X BALMER X COURTNEY X HOROWITZ X KUBBY X LARSON X McDONALD Passed and approved this 24th day of January, 1989. ATTEST:27t.,,,—o le eon)) CITY CLERK ?I* CITY OF IOWA CITY CN/IC CENTER 410 E. WASHNGTON ST. IOWA CITY, IOWA 52240 (319) 356-5000 ENGINEER'S REPORT January 19, 1989 Honorable Mayor and City Council Iowa City, Iowa Dear Honorable Mayor and Councilpersons: I hereby certify that the construction of the improvements listed below has been completed in substantial accordance with the plans and specifications of the Engineering Division of the City of Iowa City. The required maintenance bond is on file in the City Clerk's office. Sanitary sewer and storm sewer improvements for Dean Oakes Second Addition as constructed by Jeffrey L. Maxwell Construction Co. of Iowa City, Iowa. Paving and storm intake improvements for Dean Oakes Second Addition as constructed by Metro Pavers, Inc. of Iowa City, Iowa. I hereby recommend that the above -referenced improvements be accepted by the city of Iowa City. Rpectfu11 submitted .�o c Frank K. Farmer, P.E. City Engineer i i RECEIVEDJAN 191989 January 18, 1989 26 Rocky Shore Drive Iowa city, Iowa 52246 Mayor John McDonald Civic Center 410 Washington Iowa City, Iowa 52240 Dear John, The City Council has received a budget request to fund 20 additional hours of Volunteer Coordinator time for the Senior Center. This letter is to indicate that the Senior Center Commission supports this request. During the last seven and one-half years that the Center has been in operation, the number of volunteer hours given by older adults and others has grown tremendously. Providing leadership to these efforts takes time. Volunteers need training, nurturing and coordination in fulfilling several important tasks at the Center. Opportunities to do volunteer work provide a feeling of self worth and growth to many of the older adults who are active at the Center and is an important part of our program. We recommend that the City Council vote favorably for this request. We would appreciate the opportunity to make a presentation supporting this request before the City Council. Since my own commitments involve night time programming, I would appreciate knowing the date of such a presentation at the Council's earliest convenience so that I might try to keep that evening free. Sincerely yours, eaJ n Hood �`�_ Chairman, Senior Center Commission �/���'� RECFIV�n,lnr•I i g 14.49 U FRIENDS OF HISTORIC PRESERVATION P. O. Box 2001, lova City, Iowa 52244 1047 Woodlawn Iowa City, IA 52245 January 17, 1989 Councilmembers City of Iowa City Civic Center Iowa City, IA 52240 Dear Councilmembers: Friends of Historic Preservation is looking forward to celebrating Iowa City's 150 Birthday by seeing that a commemorative volume "A Pictorial History of Iowa City" be published. We are proposing that the City of Iowa City join us in sponsoring this book for publication. The book, now fully edited, will be ready for the celebration on May 4. As we have made our presentation around the city last week we find that there is an enthusiastic reception for the book and that many people are looking forward to its publication. It is just the type of memorable and significant project that the City itself should be a part of. The first step toward publication is raising the funds for printing. The Donning Company, which specializes in the publication of pictorial histories will need a deposit of 20% of the total costs to begin production. The balance of the $63,000 is to follow at the time the books are delivered. Three thousand books are planned for the initial order. The price breaks down to 821 per book. If the City were willing to take on the whole project, 812,500 would be needed for start up costs. If the City would prefer to share the sponsorship with community groups and commercial enterprises, a minimum one-fifth sponsorship, the City's total share would be $12,500, with 20% of that ($2500) being the amount to commit at this time. The project is of course self-liquidating in that investment will be returned to the sponsor when the books are sold. Sponsors will be recognized on special commemorative page(s) inbound in the front of the publication, as well as promoted as the sponsor in all the publicity relating to the sale of the book and other celebration literature. Friends welcomes any questions and will be happy to meet with you to discuss any details. Thanking you for your interest and support. Sincerely yours, O Vana Eskin, for Friends of Historic Preservation 7T I City of Iowa City MEMORANDUM Date: January 5, 1989 To: The Honorable Mayor and City Council From: James Brachtel, Traffic Engineer Re: Loading Zone at 623 East Jefferson Street As directed by Section 23-16 of the Municipal Code of Iowa City, this is to advise you of the following action: ACTION: Pursuant to Section 23-281 of the Municipal Code of Iowa City, the City Traffic Engineer will direct the installation of a loading zone at the front walk of the home addressed as 623 East Jefferson Street. The loading zone will be 35 feet long bracketing the drive to the home. This action will take place on or shortly after 19 January 1989. COMMENT: This action is being taken to facilitate access to the home addressed as 623 East Jefferson Street. The homeowner is elderly and has medical problems requiring in-home treatment. The loading zone noted above will provide access to the home for the health care providers. It has been documented in a letter from the attending physician that the homeowner's physical condition requires ready access by health care providers. bdw4-4 F I L E 0 JAN 9 1989 M Crry CLERK ((1) I City of Iowa City MEMORANDUM Date: January 12, 1989 To: Mayor and City Council From: James Brachtel, Traffic Engineer Re: Parking Prohibition on the East Side of Reno Street at its Intersection with Fairchild Street As directed by Section 23-16 of the Municipal Code of Iowa City, this is to advise you of the following action: ACTION: Pursuant to Section 23-234 of the Municipal Code of Iowa City, the City Traffic Engineer will direct the installation of "NO PARKING ANYTIME" signs on the east side of Reno Street at its intersection with Fairchild Street. The signs will be installed so as to create a zone extending from the south side of the driveway south of Fairchild north to the north side of the driveway north of Fairchild. This action will take place on or shortly after January 26, 1989. COMMENT: This action is being taken at the request of the Montessori School located at 502 Reno Street. The area generally to be covered by the no parking zone will be contiguous to the property of the Montessori School. This action is being taken to provide freer traffic flow to the T -intersection of Reno Street and Fairchild Street. tp4-2 F I L E D JAN 12 1989 MARIAN K. KARR CITY CLERK (1) ,Y,o City of Iowa City MEMORANDUM Date: January 17, 1989 To: Honorable Mayor and City Council From: James Brachtel, Traffic Engineer Re: Parking Prohibition on Oakcrest Street at its Intersection with George Street As directed by Section 23-16 of the Municipal Code of Iowa City, this is to advise you of the following action. ACTION: Pursuant to Section 23-234 of the Municipal Code of Iowa City, the City Traffic Engineer will direct the removal of the NO PARKING HERE TO CORNER sign on the south side of Oakcrest Street. The NO PARKING HERE TO CORNER I sign created a no parking zone in the southwest quadrant of the intersec- tion of Oakcrest Street and George Street intended to provide a pull -off space for the transit system. This action will take place on or shortly after January 25, 1989. COMMENT: This action is being taken at the request of the City's Transit Depart- ment. Prior to January of 1989, the Transit Department had used a near side passenger loading zone. In January of 1989, they have converted to a far side passenger zone and the near side passenger loadingzone is no longer needed. b3/pc2 E( F I I f f I i 1 L E JAN 17 1989 MARIAN K. KARR CITY CLERK (1) 97 O d.1 City of Iowa City MEMORANDUM Date: January 18, 1989 To: Mayor and City Council From: James Brachtel, Traffic Engineer Re: Parking Prohibition on Seventh Avenue at Jackson Street As directed by Section 23-16 of the Municipal Code of Iowa City, this is to advise you of the following action: ACTION: Pursuant to Section 23-234 of the Municipal Code of Iowa City, the City Traffic Engineer will direct that signs be repositioned on the west side of Seventh Avenue so that the existing "NO PARKING HERE TO CORNER" zone which extends from the intersection of Johnson Street with Seventh Avenue north from Jackson Street will be expanded so that the "NO PARKING HERE TO CORNER zone will be north of the residential driveways. This extension is approximately 50 feet. This action will take place on or shortly after February 2, 1989. COMMENT: This action is being taken at the request of the Iowa City Transit System. The extension of the "NO PARKING HERE TO CORNER" will facilitate maneuver- ing of Iowa City Transit coaches at this intersection. tp3-11 ALE D 18 1989 MARIAN K. KARR CITY CLERK (1) RESOLUTION NO. 89-14 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CORALVILLE/IOWA CITY ANIMAL SHELTER, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH ADVERTISEMENT FOR BIDS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS WHEREAS, notice of public hearing on the plans, specifications, form of contract and estimate of cost for the construction of the above-named project was published as required by law, and the hearing thereon held. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That the plans, specifications, form of contract, and estimate of cost of $272,000.00 for the construction of the above-named project are hereby approved. 2. That the amount of bid security to accompany each bid for the construction of the above-named project shall be in the amount of 10% of bid payable to Treasurer, City of Iowa City, Iowa. 3. That the City Clerk is hereby authorized and directed to publish notice for the receipt of bids for the construction of the above-named project in a newspaper published at least once weekly and having a general circulation in the city not less than four (4) nor more than twenty (20) days before the date established for the receipt of bids. 4. That bids for the construction of the above-named project are to be received by the City of Iowa City, Iowa, at the Office of the City Clerk, at i the Civic Center, until 10:30 a.m. on the 14th day of February, 1989. 1 Thereafter the bids will be opened by the City Engineer or his designee, and thereupon referred to the Council of the City of Iowa City, Iowa, for action upon said bids at its next meeting to be held at the Council Chambers, Civic Center, Iowa City, Iowa, at 7:30 p.m, on the 21st day of February, 1989, or at such later time and place as may then be fixed. It was moved by Ambrisco and seconded by Balmer that the resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco X Balmer _ Courtney X Horowitz X Kubby X Larson X McDonald Passed and approved this 24th day of January, 1989. �J/J ATTEST: CITY CLERK AYOR APrRgVEA A$�Tp FORM ega //r/r9 .V1�) City Council 410 East Washington Iowa City, Iowa 52240 802 East Washington Iowa City, Iowa 52240 January 23, 1989 It is with mixed emotions that I write to you to formally resign j from the Committee on Community Needs. I have been on CCN since March of 1984. Working on a citizen committee has been an invaluable experience for me as a person. This experience has helped me to continue to work with people to find common ground amongst the plethora of community needs. It has offered j me opportunities to meet many people, to look critically at proposals for money, and to work with the City Council. i I hope to bring my experiences/expertise from CCN to the City Council. I also look forward to continuing my development as a person on the City Council. I know that CCN members are working thoughtfully and with perseverance to help meet the needs of low-, moderate -income people in Iowa City. In peace, �46'-t ldt� Karen Kubby /05 City of Iowa City MEMORANDUM Date: January 19, 1989 To: Iowa City City Council From: Richard Blum, Chairman, Iowa City Airport Commission The Iowa City Airport Commission is recommending Pat Foster to'replace Jack Ashby as the Airport Commission representative to the Airport Zoning Commission. Mr. Ashby resigned from the Airport Commission in October 1988. tp4-2 cc: Airport Commission Airport Zoning Commission RESOLUTION NO. 89-1S RESOLUTION (1) AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE AND ATTEST, RESPECTIVELY, A QUIT CLAIM DEED IN FAVOR OF FOUR SEASON'S CAR WASH, CO. RELINQUISHING AND QUIT -CLAIMING THE CITY'S INTEREST IN A PORTION OF A 10 FOOT WIDE SANITARY SEWER EASEMENT IN OHL'S SUBDIVISION, IN CONSIDERATION OF AND IN EXCHANGE FOR THE CONVEYANCE TO THE CITY OF AN ALTERNATE EASEMENT ROUTE FOR SAID SEWER, AND (2) ACCEPTING THE SEWERS CONSTRUCTED UPON AND IN SAID ALTERNATE EASEMENT ROUTE, ALL IN CONJUNCTION WITH THE DEVELOPMENT OF THE FOUR SEASON'S CAR WASH. WHEREAS, the City of Iowa City, Iowa, acquired a non-exclusive ten foot wide easement for a sanitary sewer over a portion of Lot 3 in Ohl's Subdivision, which easement was dated July 5, 1975, and is found of record in the Johnson County Recorder's Office at Book 448, Page 60; and WHEREAS, the owners of said property did on September 2, 1988, convey that property and other adjacent property to Four Season's Car Wash, Co. for the development and construction of a car wash thereon; and WHEREAS,in developing said property, the owners of Four Season's Car Wash, Co. desired to construct over and upon the sanitary sewer easement that had been conveyed to Iowa City in 1975, which was allowed under the terms of said easement; and WHEREAS, at the City's request, said owners did obtain the conveyance to the City of sanitary sewer easements for an alternate route for said sanitary sewer, which Easements are attached hereto as Exhibits A and B and are made a part hereof; and WHEREAS, the Public Works Department did on November 4, 1988, enter into a contract with Jeffrey L. Maxwell Construction Company for the construction of a new sanitary sewer upon and in the alternate easement route at a cost of $22,170; and WHEREAS, the Public Works Department has recommended the City's acceptance of the Easements for said alternate sewer route and of the sewers therein constructed, and has recommended the City's relinquishment of that portion of the old sanitary sewer easement now occupied by Four Season's Car Wash. NOW, THEREFORE, BE AND IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the Sanitary Sewer Easements, attached hlreto as Exhibits A and B and made a part hereof, be and they are hereby accepted by the City of Iowa City, Iowa, and the Mayor and City Clerk are authorized to endorse the City's acceptance thereon. AND BE IT FURTHER RESOLVED that the sewers recently constructed upon and in said easements be and they are hereby accepted by the City of Iowa City, Iowa. AND BE IT FURTHER RESOLVED that the Mayor and City Clerk are authorized and directed to execute and attest, respectively, the Quit Claim Deed attached hereto as Exhibit C, which Deed is approved as to form and 141 AM a, content, relinquishing and quit -claiming to Four Season's Car Wash, Co. the City's interest in that portion of the old sanitary sewer easement now occupied by the car wash facility. it was moved by Balmer and seconded by Horowitz the Resolution be adopted, and upon roll call there were: AYES: MAYS: ABSENT: K Ambrisco X Balmer K Courtney K Horowitz x Kubby K Larson R McDonald Passed and approved this 24th day of January 1989. v OR A ro a to Form ATTEST:} 2 ,idr J 3 C11Y'CLERK Lega Department EXHIBIT A SANITARY SEVER EASEMENT MOV ALL HEN BY THESE PRESENTS: That Max D. Selzer and Delores E. Selzer, husband and wife, Robert H. Jeter and Theresa A. Jeter, husband and wife, and LeVerne J. Shay and Dorothy C. Shay, husband and wife, he undersigned grantors, do hereby grant to the City of Iowa Cicy, Iowa (City), A sanitary sever easement across (under) the real maraca described in Exhibit •A• attached hereto and made a part hereof subject to the following terms and conditions: 1. The easement granted herein Is for sanitary sever purposes only granting and conveying to the City for the purpose of excavating for and the installation, replacement, maintenance, and use of such sewage lines, pipes, mains, and conduits as the City shall from time to time elect for the transportation of savage with all necessary appliances and fittings for the use in connection therewith, together with adequate protection therefor and a right of way for the purpose of ingress and agrees to such easement area. The total width of the easement granted herein is fifteen (15) feet. 1. The easement granted herein is nonexclusive and the grantors reserve the right to use the easement area for any purpose which does not Interface with the City's full enjoyment of the easement herein granted provided that grantors shall not erect or construct any building or other structure or drill or operate any well or construct any reservoir or other obstruction on said easement area or diminish or substantially add to the ground cover over maid sever pipe or pipet, 1. The consideration for this easement is the a— of One Dollar ($1.00) plus other valuable consideration, the receipt of which is hereby acknowledged, 4. No trees shall be planted in the easement area, S. At such time n the City no longer uses the easement for unitary sewer purposes, is will reconvey the easement area to the grantors, their personal representatives, successors in interest, or assigns. 6. As a condition of this easement grant, the City agreas: a. The City shall not fence the easement area. -1- b. The City shall properly back fill any trench made by is an said easement area and repair any damage to grantors' parking area, .treats, or roads on said area. C. The City shall indemnify grantors against any loss or damage caused by the exercise of the ingress, egress, construction and maintenance, any wrongful or negligent act or omission of the City or its agents or employees in connection with its construction, maintenance, or use of the easement area. � 7. This grana shall be binding upon the grantors, their personal representatives, successors in interest or &,signs. Dated this % �-Tr day of November, 1988. { li I s I � Mem D. Selzer I $ C Dsloraa E. 'Salx� � III LLLIII � � Re rt X. Jater � Thera A. Jeter �— � ^^ I Laverne J. Shay ,/J I I Dorothy C. �} y STATE OF IOWA ) as: COUNTY OF JOHNSON ) j On this day of November, 1988, before me, the undersigned, a Notary Public in and for the Stats of Iowa, personally appeared Max 0. Selzer and Delete, E. Selzer, husband and wife, to me known to be the identical persons named In and who executed the foregoing instrument and acknowledged chat they executed the same as their voluntary act and deed. Notary Public in and for the State of Iowa STATE OF IOVA ) as: 1 COUNTY OF JOHNSON ) on this 1//tYt day of November, 1988, before me, the undersigned, ' a Notary Public in and for the State of Iowa, personally appeared r Robert H. Jeter and Therese A. Jeter, husband and wife, to me known to be the identical persons named in and who executed the foregoing instrument and acknowledged that they executed the same a their voluntary act and deed. 1 Notary Public in and for the State Tf • Iowa I STATE OF TEXAS ) as: COUNTY OF HIDALGO ) I j ! On chis 3rd day of November, 1988, before me, the undersigned, i e Notary Public in and for the State of Texas, personally appeared jlJ LVeme J. Shay and Dorothy C. Shay, husband and wife, to me known to be the identical persona named in and who executed the foregoing instrument and acknowledged that they executed the same as their voluntary acc and ' dud. j otarPublic In and Cer the 5:ass a: I Tau l i r The foregoing terms and conditions are accepted, THE CIN OF IOVA CITY, IOWA ly { John lkDDnald, MAYOR � ATTFSf: by .. i 1f • Ktu� j non rr, 'LiF70: I � l AM .a. STATE OF IOWA I I SS: COUNTY OF JOHNSON I On this qqirk day of Ign, before me, na a Notary public In and for the State bf Iowa, personally appeared John McDonald and Marian X. Karr, to me personally known, and, who, being by w duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed to the foregoing Instrument is the corporate seal of said municipal corporation, and that the Instrument was signed and sealed on behalf of said municipal corporation, by authority of its City Council, and that John McDonald and Marian K. Karr acknowledged the execution of the instrument to be their voluntary act and deed of said municipal corporation, by it voluntarily executed. Notary Public In and for State of Iowa- A tract of land located in Iowa City, Johnson County, Iowa, 15 feet of even width (north -south), the northerly line of which is coincident with the southerly boundary line of the real estate herinafter described: Commencing at the Southeast Corner of the Southeast Quarter of Section 14, Township 79 North, Range 6 West of the 5th. Principal Meridian; Thence N00'o0'o0"W, 677.88 feet, as Recorded in Plat Book B, at Page 38 of the Records of the -Johnson County Recorder's Office; Thence 568.55130"W, 204.46' feet,. to the Southeast Corner of Lot 6, of a Resubdivision of Lot 4, Ohl's Subdivision, Iowa City, Iowa, which is the Point of,Beginning;• Thence 547.36'26"E, 72.31 feet, to a point on the Northwesterly Right -of -Way Line of First Avenue; Thence Southwesterly, 98.60 feet, along said Northwesterly Right -of -Way Line, on a 724.00 foot radius curve, concave Northwesterly, whose 98.53 foot chord bears S33°53133"W; Thence 1467'42144"W, 176.58 feet, to a point,o.n__the Southerly Line of Lot 6, of said Resubdivision of Lot 4 b--16h1's Subdivision; Thence N68.55130"E, 176.76 feet, to the Point of Beginning. Said tract of land contains 14,350 square feet, more or less, and is subject to easements and restrictions of Record. EXHIBIT °A° EXHIBIT 8 SANITARY SEVER EASEMENT THIS AGREEMENT Is made and entered into by and between Four Seasons Car Wash,Co., an Iowa Corporation, First Party, which expression shall Include their successors In Interest and assigns and the City of Iowa City, Iowa, Se. i � coma Party, which expression shall Include Its successors In interest and as- signs, WITNESSETH: IT IS HEREBY AGREED AS FOLLOWS: In consideration of the mutual covenants set forth herein, First Party hereby grants and conveys to Second Party an easement for the purposes of ex- cavating for and the installation, replacement, maintenance and use of a sant- ; I tary sewer line including all necessary materials, appliances and fittings for use for conveying sanitary sewage and also the right of ingress to and egress i from the line, over and across the following described real estate, to -wit: 1 i The Southeasterly 15 feet lying adjacent to the First Avenue right-of-way of the following described parcel: Commencing at the southeast corner of the Southeast Quarter of Sec- tion 14, Township 79 North, Range 6 West of the 5th Principal Meridi- an; thence 11 00' 00' 00' W, 677.88 feet, as recorded in Plat Book 8, at Page 38 of the Records of the Johnson County Recorder's Office; ' thence S 68' 55' 30' W, 204.46 feet, to the Southeast corner of Lot ' 6, of a Resubdivision of Lot 4, Ohl's Subdivision, Iowa City, Iowa; 1 thence S 68' 55' 30' W, along the Southerly line of said Lot 6, I 176.75 feet, to the point of beginning; thence N 32' 03' 58' E, . 224.82 feet, to a point on the Southerly right-of-way line of Hall Drive; thence Southeasterly, 150.15 feet, along said right-of-way { line, on a 502.50 foot radius curve concave Northeasterly, whose ,I 149.59 foot chard bears S 61' 43' 48' E; thence S 70' 17' 25' E, 1 along said right-of-way line, 15.95 feet, said point being the inter- section of said right-of-way line with the Northwesterly right- of -way line of First Avenue; thence Southwesterly 209.08 feet, along the Northwesterly right-of-way line of First Avenue, on a 724.00 foot j radius curve, concave Northwesterly, whose 208.36 foot chord bears S j 29. 32' 32' W; thence N 67' 42' 44' W. 176.58 feet, to the point of beginning. Said tract of land contains 37,088 square feet, more or j less, and is subject to easements and restrictions of record. I� First Party further grants to Second Party: i The right of grading said strips for the full width thereof and to extend the cuts and fills for such grading into and on said lands along and outside i of said lines to such extent as Second Party may find reasonably necessary and j 1 the right from time to time to trim, cut down and clear away any and all trees ' and brush on said land which now or hereafter In the opinion of Second Party A -z- nay be a hazard to said tine or which nay Interfere with the exercise of Se. cond Party's rights hereunder in any manner. Second Party shall Indemnify First Party against any loss and damage which shall he caused by the exercise of said ingress and egress, construc- tion, or maintenance or by any wrongful or negligent act, emission of Second Party or of its aqents or employees in the course of their employment. First Party reserves the right to use said property for a paved parking lot and for other purposes which will not Interfere with Second Party's full enjoyment of the rights hereby granted; provided that First Party shall not i erect or construct any building, fence or ocher structure, or drill or operate any well, or construct any reservoir or other obstructions an said area, or diminish or substantially add to the ground cover over said lines. First Party does hereby covenant with Second Party that it is lawfully seized and possessed of the real estate above described; that It has goad and lawful right to convey It, or any part thereof. jSecond Party hereby accepts the foregoing grant and terns and conditions. The provisions hereby shall Inure to the benefit of and bind the succes- sors and assigns of the respective parties hereto, and all covenants shall ap. ply to and run with the land. DATED thisa+- day of n t 19811. i CITY IOWA ITY, IOWA�/f�� FOUR �SEAASONS CAR WASH. CO. BY: Y-�` By iS/y��166kF__e<y ATTEST: /�ww...i ByL* t• `�^1e�i-• ar an K. Karr, tt1 y Clerk iT�2R�— A I ) i -I - STATE OF IOWA ) 1 SS: COUNTY OF JOHNSON 1 On Cols ti day of �dY\tAriYtl 19Bq, before ne, ('l llld a Notary u me n an for the State of Iowa, per—sodai , aopeare n mcuonalU and Har 1411 K. Karr, to me personally known, and, who, being by neo duty sworn, did say that they are the Mayor and City Clerk, re- spectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed to the foregoing Instrument is the corporate seal of said municipal corporation, and that the instrument was signed and sealed on behalf of said municipal corporation, by authority of its City Coun- cil, and that John McDonald and Marian K. Karr acknowledged the execution of the instrument to be their voluntary act and deed of said municipal corpora- tion, by it voluntarily executed. o ary ub lc in and for State of Iowa. STATE OF IOWA ) SS: COUNTY OF JOHNSON ) On this / 0 day of A. D. 1988, before ne, the undersigned, as otl ary�ubl lc In an or t e tateof Iowa, personally ap- peared Garry R. Handorf and Martin E. Lantz, to me personally known, who, be. in' by me duly sworn, did say that they are the President and Secretary, re- spectively, of said corporation executing the within and foregoing instrument to which this Is attached, that no seal has been procured by said corporation; that said instrument was signed on behalf of said corporation by authority of its Board of Directors; and that the said Garry R. Hamdorf and Martin E. Lantz as such officers acknowledged the execution of said instrument to be the vol- untary act and deed of said corporation, by it and by then voluntarily execut- ed. oto y uo-D- cMn an or t o owa. � loawnt WnnrW . M EXHIBIT C WIT CLAIM DEED For the consideration of One Dollar ($1.00) and other valuable considera- tion, the City of Iowa City, Iowa, does hereby Relinquish and Quit Claim to Four Seasons Car Nash, Co. all its right, title, Interest, estate, claim and demand in and to a portion of an Easement for Sanitary Sewer, found of record In the Johnson County Recorder's Office at Book 448, Page 60, which portion is shaven on the attached plat, Exhibit 0 hereto, and is described as follows: Commencing at the Southeast corner of the Southeast Quarter of Section 14, Township 79 North, Range 6 Nest of the Fifth Principal Meridian; thence N 00°00'00' N, 677.88 feet, as recorded in Plat Book 8 on Page 38 of the Records of the Johnson County Recorder's Office; thence S 68°55'30" W. 101.49 feet, to the point of beginning; thence S 68°55'30" W, 102.97 feet, to the Southeast corner of Lot 6 of a Resubdivision of Lot 4, Ohl's SubdivisionIowa City, Iowa, thence S 68055130" N, along the Southerly line of said Lot 6, 176.75 feet; thence S 67°42144" E, 14.56 feet, to a point which is 10 teat distant perpendicular from the previous line segment described; thence N 68°55'30" E. to a point on the Northwesterly right-of-way line of First Avenue, said point being 10 feet distant perpendicular to the previously -described line segment bearing S 68055130' W; thence northeasterly along the northwesterly right-of-way of First Avenue to the point of beginning. Words and phrases herein, including acknowledgement hereof, shall be construed as In the singular or plural number, according to the context. TH CITY OF IOWA CITY WA Dated: January 24, 1989 ey: o n !coon d, Mayor ') �/ \ heat: �ow.��.J YS. �i" J I Mar K. Karr, C ty C ark STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this 44 day of Z'rwusrars i , 19, before me, a notary Public in an or the State j 0 Iowa, Personally appeared Mn McDonald and Marian K. Karr, to me personally known, and, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa; that the seal affixed to the foregoing Instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by authority of its City Council, as contained in (Kr,4lmkW (Resolution) No, 591/� passed (the Resolution adopted) by the ClItX Council, under Rol Call i No. of the City Council on the 4_ _ day of 19 n and that John Mc0oea1 an -n Ma—rfan K. Karr acknow ed t e uecutiae—of the instrument i to be their voluntary act and deed and the voluntary act and dead of the corporation, by It voluntarily executed. /,—A ar uD c n and' or the State o owe N EXHIBIT D SCALE: 1'•10' DI,O,u DRIVE R•0'Y' EXISTING EASEMENT o" EXIS' SEWEI IITARY SEWER ACATED \ \ -4 FOUR S OjWS D' CAR H Co. ` y pr + NEW 15' TARY SEWER EASEMENT— NEW h' \ f � HEW 15"ANI 1 SEVER EASEMENT a0• � v / / JETER, SHAY b SELZER mm iY City of Iowa city MEMORANDUM Date: January 23, 1989 To: Lorraine Saeger From: Terrence L. Timmins, City Attorney Re: Agenda Item for City Council Meeting of January 24, 1989 ITEM NO. 1 - CONSIDER A RESOLUTION (1) AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE AND ATTEST, RESPECTIVELY, A QUIT CLAIM DEED IN FAVOR OF FOUR SEASON'S CAR WASH, CO. RELINQUISHING AND QUIT-CLAINING THE CITY'S INTEREST IN A PORTION OF A 10 FOOT WIDE SANITARY SEWER EASEMENT IN OHL'S SUBDIVISION, IN CONSIDERATION OF AND IN EXCHANGE FOR THE CONVEYANCE TO THE CITY OF AN ALTERNATE EASEMENT ROUTE FOR SAID SEWER, AND (2) ACCEPTING THE SEWERS CONSTRUCTED UPON AND IN SAID ALTERNATE EASEMENT ROUTE, ALL IN CONJUNCTION WITH THE DEVELOPMENT OF THE FOUR SEASON'S CAR WASH. Al/sp/PC-3 Comment: The Four Season's Car Wash facility, now under construction at the corner of First Avenue and Mall Drive, is located over a sanitary sewer easement which the City acquired in 1975. That easement is "non-exclusive" in nature, which means that the property owner can construct over it. At the City's request, the owners of the car wash obtained a conveyance of easements for an alternate route for that sewer. The Public Works Department then entered f into a contract with Jeffrey L. Maxwell Construction Co. for the construction of a new sewer following the alternate route, at a cost of $22,170. The Public Works Department is recommending the City's acceptance of the easements for the alternate sewer route, acceptance of the sewers which have been constructed within those new easements, and the City's relinquishment of that portion of the old easement now occupied by the car wash. WW K RESOLUTION N0. RESOLUTION (1) AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE AND ATTEST, RESPECTIVELY, A QUIT CLAIM DEED IN FAVOR OF FOUR SEASON'S CAR WASH, CO. RELINQUISHING AND QUIT -CLAIMING THE CITY'S INTEREST IN ,PORTION OF A 10 FOOT WIDE SANITARY SEWER EASEMENT IN OHL'S SUBDIVISION, IN CONSIDERATION OF AND IN EXCHANGE FOR\ THE CONVEYANCE TO THE CITY OF AN ALTERNATE EASEMENT ROUTE FOR SAID SEWER, AND (2) ACCEPTING THE SEWERS\CONSTRUCTED UPON AND IN SAID ALTERNATE) EASEMENT ROUTE, ALL IN CONJUNCTION WITH THE DEVELOPMENT OF THE FOUR SEASON'S CAR WASH. / WHEREAS, the City of Iowa City, Iowa, acquired ten foot wide easement for a sanitary sewer�,over a portion of Lot 3 i Ohl's Subdivision, which easement was dated Jul 5, 1975, and is foun of record in the Johnson County Recorder's Offic at Book 448, Page 60 and WHEREAS, the owners of sa property and other adjaa the development and const WHEREAS, in developing said\ Wash, Co. desired to construc that had been conveyed to Iowa rty dydSeptember 2, 1988, convey that ertyour Season's Car Wash, Co. for of aash thereon; and ty, the owners of Four Season's Car and upon the sanitary sewer easement in 1975; and WHEREAS, said owners /didtre on convey to the City of Iowa City sanitary sewer easemenn a ternate route for said sanitary sewer (which Easements are aere o as Exhibits A and B and are made a alterateart oroutedaccordid speci icationstaapproved bsewer yothend in said Iawa City Public Works Department WHEREAS, the Public rks Department has recommended the City's acceptance of the Easements fo said alternate sewe route and of the sewers therein constructed, and h s recommended the City' relinquishment of that portion of the old sanita y sewer easement now occu ied by Four Season's Car Wash. NOW, THEREFORE BE AND IT IS HEREBY RESOLVE BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the Sanitary Sewer Easements, attached acceptedhereto sEx by/�theiCity ofand Iowaand City, Iowaarandeth fMayorand andtCityare Clerkrare authorized yto endorse the City's acceptance thereon. BE If FURTHER sewers recent inOsai�easements be OandOtheytaree hereby accepted conthe City upon nland Citstcted y, Jowa.of ANcD� 6E IT FURTHER RESOLVED that the Mayor and City Clerk are authorized atd chedchereto asto ecute ExhibitdC, which DeedcisVeappr approved the asittoClaim formDeed and content, relinquishing and quit -claiming to Four Season's Car Wash, Co. the City's interest in that portion of the old sanitary sewer easement now occupied by the car wash facility. 2 It was moved by and seconded by Resolution be adopted, and upon rol call there were: AYES: NAYS: ABSENT: Ambrisco Balmer Court y Hor itz y K arson = McDonald Passed and approved 14is day ATTEST 1989. Approved as to Form Legal Department the RESOLUTION NO. 89-16 RESOLUTION AMENDING THE AFSCME AND THE ADMINISTRATIVE/EXECUTIVE CLASSIFICATION/COMPENSATION PLANS. WHEREAS, Resolution No. 87-127 adopted by the City Council on June 2, 1987, established a classification/compensation plan for Administrative and Executive employees; and WHEREAS, Resolution No. 87-108 adopted by the City Council on May 12, 1987, established a classification/compensation plan for AFSCME employees. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, THAT: 1. The AFSCME pay plan be amended by the deletion of a Customer Services Manager position, Grade 12. k 2. The Administrative/Executive pay plan be amended by the addition of a Customer Services Manager, Grade 51. It was moved by Balmer and seconded by Courtney the Resolution be adopted, and upon roll call there were: r AYES: NAYS: ABSENT: X Ambrisco X Balmer X Courtney X Horowitz t X Kubby 1: X Larson X McDonald 4 Passed and approved this 24th day of January 1989. ATTEST !/ &1;4� A OR Ap rov to Form CIT CLERK Legal Department RESOLUTION NO. 89-17 RESOLUTION AMENDING THE ADMINISTRATIVE/EXECUTIVE CLASSIFICA- TION/COMPENSATION PLANS. WHEREAS, Resolution No. 87-127 adopted by the City Council on June 2, 1987, established a classification/compensation plan for Administrative and Executive employees. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, THAT: 1. The Administrative/Executive pay plan be amended by the deletion of an Assistant City Attorney II, Grade 57. 2. The Administrative/Executive pay plan be amended by the addition of an Assistant City Attorney II, Grade 62. It was moved by Balmer and seconded by Ambrisco the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco X Balmer X Courtney X Horowitz X Kubby X Larson X McDonald Passed and approved this 24th day of January 1989. YOAi p o e s o orm / q ATTEST:�%7d .._�wwnJ CIT 'CLERK Legal Department RESOLUTION NO. 88-18 RESOLUTION AUTHORIZING THE CITY MANAGER TO MAKE AN AMENDED OFFER TO PURCHASE FOR PARCEL NO. SISC.12, ALL IN CONNECTION WITH THE SOUTHEAST INTERCEPTOR/SNYDER CREEK PROJECT. WHEREAS, pursuant to Resolution No. 88-256, adopted December 13, 1988, this City Council did authorize the acquisition of certain easements and property interests in conjunction with the Southeast Interceptor, Snyder Creek Project; and WHEREAS, the City must acquire both a permanent sewer easement and a temporary construction easement from Iowa -Illinois Gas & Electric Company, upon property designated as Parcel No. SISC.12; and WHEREAS, in calculating the compensation to be paid Iowa -Illinois Gas & Electric Company for the temporary construction easement on said parcel, the City's appraiser was not informed of the necessity for moving between 60 and 70 large power poles therefrom to accommodate sewer construction; and WHEREAS, Iowa -Illinois has estimated that its cost to move said power poles will be $3,133.44; and WHEREAS, this City Council has been advised that the City should amend its offer to purchase the said easements to provide that the City will either move said power poles, or reimburse Iowa -Illinois its cost therefor, not to exceed the sum of $3,133.44. i NOW, THEREFORE, BE AND IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the City Manager is hereby authorized to amend the City's offer for the acquisition of said easements over Parcel No. SISC.12, to provide that the City will move, or reimburse Iowa -Illinois to move, power poles located upon the temporary construction easement area. It was moved by Horowitz and seconded by Courtney the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco X Balmer X Courtney X Horowitz X Kubby X Larson X McDonald Resolution No. 89-18 Page 2 Passed and approved this 24th day of _ January 1989. OR �e as t Form ATTEST: %%louQ_J� CITT CLERK Legal Department f i F G E I l; Comment: The City is acquiring a permanent sewer easement and a temporary construction easement from Iowa -Illinois Gas & Electric Company in conjunction with the Southeast Interceptor/Snyder Creek Project. It was recently learned that approximately 60 to 70 large power poles stored in the temporary easement area will have to be moved to accommodate sewer construction. Since the appraiser was unaware of this fact, the appraisal did not reflect that cost. Iowa -Illinois estimates that it will cost $3,133.44 to move the poles. The subject resolution authorizes the City Manager to amend the easement purchase offer to provide that the City will move the poles, or reimburse Iowa -Illinois to do so in an amount not to exceed $3,133.44.