HomeMy WebLinkAbout2002-10-29 Resolution Prepared by: Mitchel T. Behr, Ass't City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030
RESOLUTION NO. 02-373
RESOLUTION OF INTENT TO CONVEY THE 23-FOO'r WIDE GRAND AVENUE
COURT RIGHT-OF-WAY, COMMENCING FROM THE NORTH RIGHT-OF-WAY
LINE OF MELROSE AVENUE AND EXTENDING NORTHWARD FOR A
DISTANCE OF 295 FEET, TO THE UNIVERSITY OF IOWA, AND SETTING A
PUBLIC HEARING ON SAID CONVEYANCE FOR NOVEMBER 5, 2002,
WHEREAS, the City Council is considering passage and adoption of an ordinance vacating 6,785
square feet of Grand Avenue Court right-of-way; and
WHEREAS, the University of Iowa, owner of adjacent property, wishes to acquire said right-of-
way from the City; and
WHEREAS, Iowa Code Section 364.7(3) provides that the City may dispose of real property to a
governmental body for a public purpose, without monetary compensation; and
WHEREAS, one of the University of Iowa's parcels of property adjacent to the right-of-way
contains a structure locally known as the Cannon-Gay House; and
WHEREAS, the parcel of property containing the Cannon - Gay House is duly designated as an
Iowa City Historic Landmark, the Cannon-Gay House is a house listed on the National Register of
Historic Places and it is in the City's interest to protect its cultural and historic resources; and
WHEREAS, conveyance of said right-of-way property to adjacent property owner University of
Iowa, subject to (1) the Iowa Board of Regents' execution of a written covenant that the original
portion of the Cannon-Gay House built in 1884 shall be subject to Iowa City's Historic
Preservation Regulations, and (2) retention of easements for City water and sanitary sewer
utilities currently existing within the right-of-way, is in the public interest.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT:
1. The City Council does hereby declare its intent to convey its interest in the 6,780 square feet
of Grand Avenue Court right-of-way to the University of Iowa subject to:
(a) The Iowa Board of Regents' execution of a written covenant, to be recorded with the
Johnson County Recorder, agreeing that the original portion of the Cannon-Gay
House built in 1884 is a duly designated Historic Landmark and shall be subject to the
City's Historic Preservation Regulations, as amended.
(b) The Iowa Board of Regents' execution of a water main and sanitary easement
agreement for said utilities currently existing utilities within the right-of-way.
2. Public hearing on said proposal should be and is hereby set for November $, 2002 at 7:00
p.m. in the Emma J. Harvat Hall at the Civic Center, 410 East Washington Street, Iowa City,
Iowa or if said meeting is cancelled, at the next meeting of the City Council thereafter as
posted by the City Clerk, and that the City Clerk is hereby directed to cause notice of said
public hearing to be published as provided by law.
Resolution No. 02-373
Page 2
Passed and approved this ;'9 dayof October ,20 02 ·
Approved by
ClT~CI-CRK ' City'Attorney's Office
It was moved by 0'Donne] ] and seconded by Char~pion the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Champion
X Kanner
X Lehman
X O'Donnell
X Pfab
X Vanderhoef
X Wilburn
mitch/B/UI-GAC/res~rdavect doc