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HomeMy WebLinkAbout1989-07-11 Ordinancei ORDINANCE NO. ORDINANCE VACATING A PORTION OF 7HE EAST -WEST ALLEY RIGHT-OF-WAY LOCATED BETWEEN GOVERNOR AND SUMMIT STREETS, NORTH OF BOWERY STREET AND SOUTH OF BURLINGTON STREET. WHEREAS, the City of Iowa City has previously planed a 12 -toot wide east -west alley between Governor and Summit streets, north of Bowery Street and south of Burlington Street; and WHEREAS, the owners of property Immediately north of the eastern portion of this alley have requested that the easterly 159.25 feet of the alley right-of-way be vacated as a public right-of-way, In order to reduce exposure to vehicular traffic; and WHEREAS, the Department of Planning and Program Development, In a staff report dated May 18, 1989, recommended denial of the vacation application; and WHEREAS, on May 18, 1989, the Planning and Zoning Commission, on an affirmative motion to recommend vacation, voted two In favor, four against (Cooper and Scott voting In the affirmative). NOVI, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. VACATION. That the City of Iowa City hereby finds the easterly 189.25 feet of the east -west alley dght-of-way located between Governor and Summit streets, north of Bowery Street and south of Burlington Street, more particularly described:" In Exhibit A attached hereto, Is no longer appropdate for vehicular traffic and serves no public purpose, as originally anticipated; and that the easterly 189.25 feet Of right-of-way set forth In Exhibit A should be and hereby is vacated, subject to the gram of a utility easement to the City of Iowa City, running parallel to and five feet north of the southery right-of-way line of this vacated alley. SECTION It. REPEALER. All ordinances and parts of ordinances In conflict with the provisions of this Ordinance are hereby repealed. SECTION III. SEVERABILITY. 8 any section, provision or part of the Ordinance shall be adjudged to be Invalid or unconstitutional, 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 IVV, EFFECTIVE DATE. This Ordinance shall be In effect after its final passage, approved and publication as required by law, and shall be recorded in the Johnson County Recorder's Office. Passed and approved this MAYOR ATTEST: CITY CLERK Appr ved to orm Legal Department 6_1e_is j; li h i� �i . i Exhibit A Beginning at the Southwest Corner of Lot 11, in Block 2, of Berryhill's 2nd Addition, to Iowa City, Johnson County, Iowa, in accordance with the Plat thereof, Recorded in Deed Book 26, at Page 293, of the Records of the Johnson County Recorder's Office; thence Easterly along the South Line of said Lot 11, to the Southeast Corner thereof; thence Southerly along the Westerly Right -of -Way Line of Summit Street, to the Northeast Corner of Lot Z, of George H. Jerome's Addition to Iowa City, Johnson County, Iowa, in accordance with the Plat thereof, Recorded in Deed Book 16, at Page 219, of the Records of the Johnson County Recorder's Office; thence Westerly along the North Line of Lots Z, Y, X and W of said George H. Jerome's Addition, to Its Point of Intersection, with the Southerly projection of the Westerly Line of said Lot 11; thence Northerly along said Southerly projection, to the Point of Beginning. I I, ■ It was moved by aid seconded by the Ordinance as read e a opted, and upon roll call t ereere w—F r, that AYES: NAYS: ABSENT: Ambrisco Balmer Courtney Horowitz Kubby Larson McDonald First Consideration Vote for passage: . Second Consideration Vote for passage: Date published ORDINANCE N0. 89-3423 ORDINANCE VACATING A PUBLIC WALKWAY EASEMENT WITHIN PEPPERWOOD ADDITION, PART 2 WHEREAS, the City of Iowa City has previously approved preliminary and Mal plats for Pepperwood Addition, Pan 2; and WHEREAS, a 10 foot wide public walkway easement was granted across Las 26, 27, 46 and 47 of Pepporvood Addition, Pan 2; and WHEREAS, the owners of Las 27,46 and 47 of Pepperwood Addition, Part 2 have requested that said easement across Las 26, 27, 46 and 47 Of Pepperwood Addition, Part 2, be vacated as no longer necessary to circulate pedestrian traffic; and WHEREAS, said easement, in conformance with Section 32. 54(8)(6) of the CIN of Iowa City Code of Ordinances is Intended as part of an Imra•neighborhood pedestrian circulation system facilitating travel within the development and access to recreational and commercial facilities outside the development; and WHEREAS, the Department of Planning and Program Development, In a staff report dated May 18, 1989, recommended denial of the vacation application; and WHEREAS, on May. 18, 1989, the Planning and Zoning Commission, on an affirmative motion to recommend vacation, voted one In favor, four against (Clark voting in the affirmative). NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. VACATION. That the City of Iowa City hereby finds the walkway easements are no longer appropriate for Pedestrian traffic and serve no public purpose, as originally anticipated; and that the ten foot wide public walkway easement across Las 26, 27, 46 and 47 of Pepperwood Addition, Part 2, should be and hereby are vacated. SECTION II. REPEALER. All ordinances and pans a ordinances In conn of with the provisions of this Ordinance are hereby repealed. SECTION til. SEVERABILITY. Marry riectbn, provision a pert of the Ordinance shall be adjudged to be Invalid a unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or pan thereot not adjudged Invalid or unconsthullonal. SECTION IV. EFFECTIVE DATE. This Ordinance shall be In effect alter its final passage, approval and publication as required by law, and shall be recorded In the Johnson County Recorder's Office. P ed and approved this 11th day of July, 1 9. AYOR ATTEST: act CR CLERK C I i I� Ii I I i Approved as to Form Legal Department '✓,�— /I /0? o3 I( 1 i It was moved by Larson and seconded by Balmer that the Ordinance as read be allopteT, and upon roll call there were: AYES: NAYS: ABSENT: x Ambrisco x Balmer x Courtney x Horowitz x Kubby _,y_ Larson x McDonald is i First Consideration 6/27/89 Vote for passage: Ayes: Larson, McDonald, Ambrisco, Balmer, Courtney, Morowitz. Nays: Kubby. Absent: None. Second Consideration Vote for passage: Date published 7/19/89 Moved by. Larson, seconded by Balmer, that the rule requiring ordinances to be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the second consideration and vote be waived and the ordinance be voted upon for final passage at this tine. Ayes: Kubby, Larson, McDonald, Ambrisco, Balmer, Courtney. Nays: Horowitz. Absent: None. 1 1. ORDINANCE NO. 89-3424 AN ORDINANCE AMENDING CHAPTER 36, ENTITLED 'ZONING ORDINANCE' OF THE CODE OF ORDINANCES OF THE CITY OF IOWA CITY, IOWA, BY AMENDING SECTIONS 36-4 AND 36-56 THEREIN TO ELIMINATE CERTAIN CHILD CARE PROVIDERS FROM THE ZONING ORDINANCE REGULATIONS FOR CHILD CARE FACILITIES AND TO EXTEND THE HOURS OF HOUSE CALLS FOR HOME OCCUPATIONS. WHEREAS, the Zoning Ordinance presently defines child care facilities as all those facilities licensed or registered by the State where children are cared for; and WHEREAS, this definition was adopted at a time when child care providers who cared for six or fewer children were neither required nor encouraged to register their operations with the State; and WHEREAS, such providers are now being encouraged by day care provider groups and parents to register their operations with the State; and WHEREAS, the Intent of the Iowa City Zoning Ordinance was to not regulate such small providers but to treat them as home occupations; and WHEREAS, the hours of house calls for home occupations are presently set between 8:00 a.m. and 9:00 p.m.; and WHEREAS, a change of hours for house tails for home occupations beginning at 7:00 a.m. and ending at 10:00 p.m. to accommodate child care providers should not adversely affect residential areas. NOW, THEREFORE, BE R ORDAINED BY THE CITY OF IOWA CITY THAT: SECTION I. That Chapter 36, 'Zoning Ordinance' of the COde of Ordinances of the City of Iowa City, Iowa, be, and the same Is hereby amended by repealing Section 36.4(c)(3) and enacting In Ileu thereof a new section to be codtlied the same to read as follows: Section 36-4(c)(3). Child care facility. State licensed or registered facility where more than SIX (6) children are temporarily left with attendants. AnV establishment which receives any number of children after 10:00 o.m, and before 7.00 nm Is defined as a child care facility and as such Is state licensed or registered. SECTION It. That Chapter 36, *Zoning Ordinance of the Code of Ordinances of the City of Iowa City, laws, be, and the same Is hereby amended by repealing Section 36.56(b)(4)c. and enacting In Ileu thereof a new section to be codified the same to read as follows: Section 36.56(b)(4)c. Any exterior display, exterior storage of materials, signs (except as otherwise permitecl), house calls alter 10_00 p.m. or before 7:00 a.m., or other Indication from the exterior that the dwelling unit or accessory building Is being used in pan for any use other than that of a dwelling or accessory building for purely residential purposes. SECTION III. REPEALER. All ordinances and pans of ordinances In conflict with the provisions of this Ordinance are hereby repealed. I i i lI I J, Z SECTION IV. SEVERABIM. If arty section, provision or pan of the Ordinance shell be adjudged to be Invalid or unconstilutlonal, such adjudication shell not affect the validity of the Ordinance as a whole or any section, provision or pan thereof not adjudged Invalid or unconstitutional. SECTION V. EFFECTIVE DATE. This Ordinance shall be In effect after its final passage, approval and publication as required by law. ' 19PPassed and approved this 11tthhh day of July, AYOR ATTEST:7)t6 .,cJ h. 47 a,,� CRY CLERK Approved as to Form Depennrent i i i 1 j j I� SECTION IV. SEVERABIM. If arty section, provision or pan of the Ordinance shell be adjudged to be Invalid or unconstilutlonal, such adjudication shell not affect the validity of the Ordinance as a whole or any section, provision or pan thereof not adjudged Invalid or unconstitutional. SECTION V. EFFECTIVE DATE. This Ordinance shall be In effect after its final passage, approval and publication as required by law. ' 19PPassed and approved this 11tthhh day of July, AYOR ATTEST:7)t6 .,cJ h. 47 a,,� CRY CLERK Approved as to Form Depennrent i i I� ,I 1 ,l I ;I It was moved by Balmer and seconded by Horowitz that the Ordinance as read e adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco K Balmer X Courtney X Horowitz X Kubby X Larson X McDonald First Consideration Vote for passage: Second Consideration - 6/27/89 Vote for passage: Ayes: Horowitz, Kubby, Larson McDonald, Ambrisco, Balmer, Courtney. Nays: None. Abseni;: None. Date published _ 7/19/89 Moved by Balmer, seconded by Hubby, that the rule requiring ordinances to be considered and voted on for passage at two council meetings at which it is to be finally passed be suspended, the first consideration be waived and the ordinance be given second consideration at this time. Ayes: Courtney, Horowitz, Kubby, Larson, McDonald, Ambrisco, Balmer. Nays: None. Absent: None. i I t. II i I i ORDINANCE NO. 89-3425 ORDINANCE APPROVING OBERLIN ESTATES, AN AMENDED PRELIMINARY AND FINAL PLANNED DEVELOPMENT HOUSING (PDH) PLAN FOR A PORTION OF COURT HILI.SCOTT BOULEVARD ADDITION, PART VII, AND A PRELIMINARY AND FINAL PDH PLAN FOR LOT 100 AND THE NORTH 5.60 FEET OF LOT 101 OF COURT HILL - SCOTT BOULEVARD ADDITION, PART VI, IOWA CITY, IOWA. BE fir ORDAINED BY THE CITY COUNCIL OF IOWA CITY, IOWA, THAT: SECTION 1. APPROVAL Subject to the terms and conditions of the attached Developer's Agreement, the PDH Plan for Oberlin Estates, submitted by Pat Moore Construction Co., and legaly described below, is hereby approved: Lot 100 and the north 5.60 feet of Lot 101 of Court Hill - Scott Boulevard Addition, Pan VI, and Lot 106, 122.124 of Court Hill -Scott Boulevard Addition, Part VII, Iowa Cly, Iowa. SECTION Il. VARIA710NS. Section 36.47(x) of the Zoning Ordinance permits flexibility in the use and development of structures and land where such variations from the conventional requirements from the underlying zone will not be contrary to the purpose and Intent of the Zoning Ordinance, not be Inconsistent with the Comprehensive Plan, not be harmful to the neighborhood In which located. The following variations from the conventional requirements of the RS -8 zone are found to be consistent with these standards and are approved as a part of this Plan. The variations permit: A. The construction of four (4), single -story, two (2) unit condominium dwellings. The project is designed with consideration for surrounding residential land use patters. Wah single-family dwellings and similar condominium units to the north, and four (4) unit apartment buildings to the south, the proposed condominium dwellings oriented onto a "horseshoe' shaped private drive provide an appropriate and suitable transition of residemlal land use along Oberlin Street. B. The clustering of dwelling units on a smaller area of the tract, which resuits in greater efficiency of development without exceeding the maximum permitted density of the underlying zone. The proposed PDH Plan results in a development density of 4.8 dwelling units per acre, which Is substantially less than the maximum permitted densly of the underlying RS -8 zone. C. A reduction of pavement width from a 28 -foot local public street to a 22 -toot private drive with curb and gutter. no reduction in pavement width Is expected to have a negligible Impact on the development because of Its limited use as a non -through private drive. With parking prohibited along the Inside curve of the private drive, the proposed pavement width is adequate to provide for the safe and efficient movement of traffic within the development D. No Internal sidewalks, normally required on both sides /.?06 of a kcal street Due to the small scale of the development and the compact artangement of dwelling units, sidewalks are not deemed necessary. The limited use private drive and the availability of open space within the development may serve as alternatives to the use of sidewalks. Sidewalks presently exist adjacent to the - development within the Oberlin Street and Scott Boulevard rights-of-way. SECTION III. AGREEMENT. The Mayor Is hereby authorized and directed to sign, and the City Clerk to attest, the attached Developer's Agreement, for recordation. SECTION IV. REPEALER: All ordinances and pans of - ordinances In conflict with the provisions of this Ordinance are hereby repealed. SECTION V. SEVERABILITY. K any section, provision or part of the Ordinance shall be adjudged.. to be Invalid or unconstitutional, 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 VI. EFFECTIVE DATE: This Ordinance shall be In I effect after its final passage, approval and publication as required by law and shall be recorded In the Johnson County Recorder's Office. . 19Passed and approved this 11th day of July, OR i i ATTEST: na CITY ClXRK Approved as to Form al i 6-7— Pr i It was moved by and seconded by Balmer that the Ordinance as read be a opte and upon roll call t ere —were.- AYES: NAYS: ABSENT: R Ambrisco —� Balmer _ x Courtney —x Horowitz _y Kubby x Larson —X— McDonald First Consideration -------- Vote for passage: Second Consideration 6/27/89 Vote for passage: yes: risco, Balmer, Courtney, Horowitz, Kubby, Larson, McDonald. Nays: None. Absent: None. I_ Date published 7/19/89 Moved by Balmer, seconded by Ambrisco, that the rule requiring ordinances to be considered and voted on for passage at two council meetings prior to the meeting at which it is to be finally passed be suspended, the first consideration be waived and the ordinance be given second consideration at this time. Ayes: McDonald, Ambrisco, Balmer, Courtney, Horowitz, Kubby, Larson. Nays: None. Absent: None. /.24019 i II ,. i I i �. , ;. DEVELOPER'S AGREEMENT •��" THIS AGREEMENT by and between Pat Moore Construction ' Company, hereinafter the "Developer" and the City of Iowa City, Iowa, hereinafter the "City". j - WITNESSETH:. WHEREAS, the Developer has submitted to the City for approval an amended preliminary and final PDH and LSRD Plan for the condominium project to be known as Oberlin Estates, which project is to be located on the following described real estate to -wit: Lots 106, 122, 123 and 124, Court Hill -Scott Boulevard r Addition, Part VII, an addition to the City of Iowa City, Iowa, according to the plat thereof recorded in Book 19, page 36, Plat Records of Johnson County, i Iowa. „ '4r .y and also 1 Lot 100 and the North 5.60 feet of Lot 101, Court + Hill -Scott Boulevard Addition, Part VI, an addition to the City of Iowa City, Iowa, according to the plat f: thereof recorded in Plat Book 16, page 66, Plat + •, Records of Johnson County, Iowa. 1' and; WHEREAS, the City has imposed certain conditions on its , approval of said PDH and LSRD Plan. r; NOW, THEREFORE, in consideration of the premises and in consideration of the City's y approval of the PDH and LSRD Plan +q for Oberlin Estates, it is agreed by and between the parties as X. r.• follows: 1. The City will vacate and release the five foot (51) utility easement along the north line of Lot 100 Court Hill- Scott Boulevard Addition, Part VI, which easement was ded- icated to the public in connection with the platting of said a Addition. j 2. In lieu thereof, the Developer will dedicate to the public a utility easement ten feet (101) in width along the acknowledges that the City intends to relieve the owner of said + Lot 107 of said obligation upon the effective date of the i f assumption of said maintenance obligation by the Developer. The south and east lines on said Lot 100 to replace the easement to I be vacated and released. The Developer will also grant a water management facility located on said Lot 106 will not in any measurable way change upon Developer's assumption of this ,y replacement easement over the same area to Iowa -Illinois Gas & 'the responsibility of the owner of said Lot 106. The City Id Electric Company to reflect this replacement. 3. The Developer agrees to install a sidewalk four Estates Condominium Project in which event the maintenance d feet (91) in width on Lot 106 Court Hill -Scott Boulevard - 2 Addition, Part VII, adjacent to Oberlin Street which sidewalk will be installed by the Developer prior to the issuance of any � buildingj permits for the Oberlin Estates Condominium Project. 4. The Developer agrees as a covenant running with the title to the real estate described herein that the owner of t such real estate shall perpetually maintain all common areas in the Oberlin Estates Condominium Project, and shall move and r otherwise keep said areas free of weeds and debris. 5. The Developer as the present owner of Lot 106 Court Hill -Scott Boulevard Addition, Part VIZ, agrees for itself S and its successors in interest and assigns to assume i responsibility for the maintenance of that portion of the storm water management facility now existing and located on said Lot I••;; ,.). 1 r ; j 106. Although the owner of Lot 107 Court Hill -Scott Boulevard Addition, Part VII, is presently obligated to maintain the storm ,ay { water management facility located on said Lot 106, the Developer acknowledges that the City intends to relieve the owner of said + Lot 107 of said obligation upon the effective date of the assumption of said maintenance obligation by the Developer. The "d I City acknowledges that the obligation to maintain the storm water management facility located on said Lot 106 will not in any measurable way change upon Developer's assumption of this ,y maintenance duty, and that the obligation will in the future be 'the responsibility of the owner of said Lot 106. The City Id F'i further acknowledges that the Developer intends to include said } Lot 106 in the Declaration of Condominium for the Oberlin Estates Condominium Project in which event the maintenance d - 2 obligation will pass to the Oberlin Estates Owners Association, upon reasonable notice to the City. (. 6. The City acknowledges that the document captioned "Joint Driveway Easement and Agreement" dated October 11, 1983, and recorded October 18, 1983, in Book 665, at page 139, in the i Office of the Recorder of Johnson County, Iowa, will be of no further force or effect upon approval of the Developer's Amended Preliminary and Final PDH and LSRD Plan for the above described ' real estate. Accordingly, the City hereby consents to the release of said "Joint Driveway Easement and Agreement" to the extent that such a release is appropriate in connection with the development of the Oberlin Estates Condominium Project. 7. This Agreement is to be effective upon approval of Developer's PDH and LSRD Plan for Oberlin Estates; and Parties I' i agree that in the event the City fails to give final approval to the Developer's PDH and LSRD Plan for Oberlin Estates, this Agreement shall be null and void and of no further force and Il ` effect. 1� ? Dated at Iowa City, Iowa, this 11th day of July , 1989. CITY OF IOWA CITY, IOWA� PATTMMOORE CONSTRUCTION COMPANY By �A.G�C BY 12 �%,i/l.�vx/ (/xe Mayor -Patrick L. Moore, President— By resident BYMarie C. Moore, Secretary ATTEST: /L. A ��.. —%. ABPROVr=bM T[1 FARM . / STATE OF IOWA ) ss: COUNTY OF JOHNSON ) On this IQ h" day of 1989, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Patrick L. Moore and Marie C. Moore, 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 the seal affixed thereto is the seal of said corporation; that said instrument was signed and sealed on behalf of said corporation by authority of its Board of Directors; and that the said Patrick L. Moore and Marie C. Moore 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. Notary Publicander for the State of Iowa STATE OF IOWA ) ss: COUNTY OF JOHNSON ) On this 11th day of July 1989, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared John McDonald and Marian K. Karr, to me personally known, 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 thereto to the foregoing instrument is the corporate seal of said corporation and that said instrument was signed and sealed on behalf of said corporation by authority of its City Council, as contained in (Ordinance) ( ) @I No. 89=3425 passed by the City Council, under Roll Call No. of the City Council on the 11th day of 19y , 1989, and that .John McDonald and Marian K. Karr acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. Notary Public in and for the State of i I i i 6 STATE OF IOWA ) ss: COUNTY OF JOHNSON ) On this IQ h" day of 1989, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Patrick L. Moore and Marie C. Moore, 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 the seal affixed thereto is the seal of said corporation; that said instrument was signed and sealed on behalf of said corporation by authority of its Board of Directors; and that the said Patrick L. Moore and Marie C. Moore 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. Notary Publicander for the State of Iowa STATE OF IOWA ) ss: COUNTY OF JOHNSON ) On this 11th day of July 1989, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared John McDonald and Marian K. Karr, to me personally known, 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 thereto to the foregoing instrument is the corporate seal of said corporation and that said instrument was signed and sealed on behalf of said corporation by authority of its City Council, as contained in (Ordinance) ( ) @I No. 89=3425 passed by the City Council, under Roll Call No. of the City Council on the 11th day of 19y , 1989, and that .John McDonald and Marian K. Karr acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. Notary Public in and for the State of Iowa , I i i 6 N aw - DEVELOPER'S AGREEMENT THIS AGREEMENT by and between Pat Moore Construction Company, hereinafter the "Developer" and the City of Iowa City, Iowa, hereinafter the "City". WITNESSETH: WHEREAS, the Developer has submitted to the .City for approval an amended preliminary and final PDH and LSRD Plan for the condominium project to be known as Oberlin Estates, which project is to be located on the following described real estate to -wit: Lots 106, 122, 123 and 124, Court Hill -Scott Boulevard Addition, Part VII, an addition to the City of Iowa City, Iowa, according to the plat thereof recorded in Book 19 -„; , page 36, Plat Records of Johnson County, Iowa. and also Lot 100 and the North 5.60 feet of Lot 101, Court i Hill -Scott Boulevard Addition, Part VI, an addition to the City of Iowa City, Iowa, according to the plat thereof recorded in Plat Book 16, page 66, Plat Records of Johnson County, Iowa. and; WHEREAS, the City has imposed certain conditions on its approval of said PDH and LSRD Plan. I NOW, THEREFORE, in consideration of the premises and in consideration of the City's approval of the PDH and LSRD Plan for Oberlin Estates, it is agreed by and between the parties as follows: 1. The City will vacate and release the five foot r (51) utility easement along the north line of Lot 100 Court Hill- Scott Boulevard Addition, Part VI, which easement was ded- icated to the public in connection with the platting of said Addition. 2. In lieu thereof, the Developer will dedicate to the public a utility easement ten feet (101) in width along the i J1 south and east lines on said Lot 100 to replace the easement to be vacated and released. The Developer will also grant a replacement easement over the same area to Iowa -Illinois Gas & Electric Company to reflect this replacement. 3. The Developer agrees to install a sidewalk four feet (41) in width on Lot 106 Court Hill -Scott Boulevard Addition, Part VII, adjacent to Oberlin Street which sidewalk will be installed by the Developer prior to the issuance of any building permits for the Oberlin Estates Condominium Project. 4. The Developer agrees as a covenant running with the title to the real estate described herein that the owner of such real estate shall perpetually maintain all common areas in the Oberlin Estates Condominium Project, and shall move and otherwise keep said areas free of weeds and debris. S. The Developer as the present owner of Lot 106 Court Hill -Scott Boulevard Addition, Part VII, agrees for itself and its successors in interest and assigns to assume responsibility for the maintenance of that portion of the storm water management facility now existing and located on said Lot 106. Although the owner. of Lot 107 Court Hill -Scott Boulevard Addition, Part VII, is presently obligated to maintain the storm water management facility located on said Lot 106, the Developer acknowledges that the City intends to relieve the owner of said Lot 107 of said obligation upon the effective date of the assumption of said maintenance obligation by the Developer. The City acknowledges that the obligation to maintain the storm water management facility located on said Lot 106 will not in any measurable way change upon Developer's assumption of this maintenance duty, and that the obligation will in the future be the responsibility of the owner of said Lot 106. The City further acknowledges that the Developer intends to include said Lot 106 in the Declaration of Condominium for the Oberlin Estates Condominium Project in which event the maintenance - 2 - I i S � 1 11 I Vii. I E I i I u 1 i t 4204 �, obligation will pass to the Oberlin Estates Owners Association, upon reasonable notice to the City. 6. The City acknowledges that the document captioned "Joint Driveway Easement and Agreement" dated October 11, 1983, and recorded October 18, 1983, in Book 665, at page -134, in the Office of the Recorder of Johnson County, Iowa, will be of no further force or effect upon approval of the Developer's Amended Preliminary and Final PDH and LSRD Plan for the above described real estate. Accordingly, the City hereby consents to the release of said "Joint Driveway Easement and Agreement" to the extent that such a release is appropriate in connection with the development of the Oberlin Estates Condominium Project. 7. This Agreement is to be effective upon approval of Developer's PDH and LSRD Plan for Oberlin Estates; and Parties agree that in the event the City fails to give final approval to I: the Developer's.PDH and LSRD Plan for Oberlin Estates, this Agreement shall be null and void and of no further force and effect. Dated at Iowa City, Iowa, this 1989. day of CITY OF IOWA CITY, IOWA PAT MOORE CONSTRUCTION COMPANY By By , Mayor Patrick L. Moore, President By Marie C. Moore, Secretary ATTEST: City Clerk PPROVEp�S TO FORyI IFGAL DEPARTMENT 3 - I f� i I:. i STATE OF IOWA ) ss: COUNTY OF,JOHNSON ) On this day of 1989, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Patrick L. Moore and Marie C. Moore, 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 the seal affixed thereto is the seal of said corporation; that said instrument was signed and sealed on behalf of said corporation by authority of its Board of Directors; and that the said Patrick L. Moore and Marie C. Moore 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. Notary Public in and for the State of'Iowa i - STATE OF IOWA ) as: COUNTY OF JOHNSON ) On this day of 1989, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared John McDonald and Marian K. Karr, to me personally known, 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 thereto to the foregoing instrument is the corporate seal of said corporation and that said instrument was signed and sealed on behalf of said corporation by authority of its City Council, as contained in (Ordinance) (Resolution) No. passed (the Resolution adopted) by the City Council, under Roll Call No. of the City Council on the day of 1989, and that John McDonald and Marian X. Karr acknowledged the execution of the instrument to be their voluntaryact. and deed and the voluntary act and deed of the corporation, by it voluntarily executed. Notary Public in and for the State of Iowa I i I