HomeMy WebLinkAbout1989-10-17 ResolutionMOOR
RESOLUTION NO. 89-245
RESOLUTION ACCEPTING THE WORK FOR TRAFFIC SIGNALIZATION OF
THE INTERSECTION OF DODGE STREET AND CHURCH STREET.
WHEREAS, the Traffic Engineering Division has recommended that the Improvements covering
the signalization of Dodge Street and Church Street be accepted.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, that said Improvements be hereby accepted by the City of Iowa City.
It was moved by Balmer and seconded by Ambrisco the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
jjX
Ambrisco
Balmer
Courtney
ray i'
x Horowitz
x Kubby
X Larson
X
McDonald
Passed and approved, this 17tb day of October 1989.
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AYOR
Approved as lo Form
C4Legalep�art—m]nt��
ATTEST:
?A�
CITY CLERK
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Iowa Departmentof Transportation
CERTIFICATE of COMPLETION iand '
FINAL ACCEPTANCE of AGREEMENT WORK
COMPANY: City of Iowa City COUNTY/CITY: Johnson/Iowa City I
ADDRESS: 410 E. Washington St. PROJECT NO DIST-1-5f44)--4A-52 .
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-KINDOF.WORK: Si alization -
28 1988 June December 12. 1988
JFIELD COMPLETION DATE
AGREEMENT DATE:
covered by the above referenced agreement has been completed in accordance with said agreement
This is toccrtify that the work
and is hereby accepted, subject to final audit of costs.
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DATE: .19
SIGNATURE:
PralM EngineerlRes. ConsuuclionitRn. Maintenance) (County)
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:19 '
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'SIGNATURE: DATE:
District (Construction) (Maintenance)(Local Systems) Engineer i
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Cit Council of City of Iowa City
by the Ba�ai)dA7f7friKrcxydtWiAl Y +
Approved and work accepted I •I
:'t 17th day of Octnhrr 19 RQ I i{
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SIGNATURE: 10
d
Acknowledge completion of project in accordance with referenced agreement by the Iowa Department of Transportation this !)
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day of 19
SIGNATURE:
tow Department of Transportation -
DO NOT WRITE IN THIS BOX. CENTRAL OFFICE USE ONLY
(Check or Initial Appropriate Box) ,
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'On Local RISE Projects
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' District does NOT certify
❑ Copy to Company
A' but but acknowledges com- - Copy to F. H. W.A.
❑
pletionofproject.
n ❑ Office of Audits ❑Original to Files
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❑ Copies to District "
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All Copies to Central Office. ,
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RESOLUTION NO. 89-246
RESOLUTION AUTHORIZING CONVEYANCE TO SUSAN JAECQUES, ELSIE
VITOSH, AND DAVID GOSS OF A PORTION OF THE VACATED ALLEY
BETWEEN J STREET AND THE IOWA INTERSTATE RAIL LINE WEST OF FIRST
AVENUE.
WHEREAS, the City Council passed and approved Ordinance No. 89-3402, vacating the north-
south alley between J Street and the Iowa Interstate rail line, west of First Avenue; and
J.
WHEREAS, the City has no need for the westerly ten feet of the vacated alley which is more
particularly described as follows:
Parcel A: Commencing at the northeast corner of Lot 9, Block 10 of East Iowa
City Addition; thence Easterly 10 feet along the southerly right-of-way line of J
Street; thence South 80 feet parallel to the easterly lot line of said Lot 9; thence
Westerly 10 feet to the southeast corner of Lot 9; thence North 80 feet along the
easterly lot line of said Lot 9 to the point of beginning.
Parcel B: Commencing at the northeast corner of Lot 8, Block 10 of East Iowa
City Addition; thence Easterly 10 feet; thence South 141.5 feet parallel to the
easterly lot lines of Lots 7 and 8 of said Block 10; thence Westerly 10 feet to a
point on the easterly lot line of said Lot 7, said point being 18.5 feet north of the
northeast corner of Lot 6; thence North 141,5 feet along the easterly lot lines of
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said Lots 7 and 8 to the point of beginning.
Parcel C: Commencing at the southeast corner of Lot 6, Block 10 of East Iowa'
City Addition; thence North 152.25 feet along the easterly lot lines of Lots 6 and
7 of said Block 10 to a point, said point being 18.5 feet north of the northeast
corner of said Lot 6; thence East 10 feet; thence South parallel to the easterly d
lot lines of said Lots 6 and 7 to the northerly right-of-way line of the Iowa
Interstate Railway; thence northwesterly along the northerly right-of-way line of SSS
said Railway to the point of beginning; and
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WHEREAS, the City council adopted and approved Resolution No. 89.237 on October 3, 1989,
declaring its Intent to dispose of said portion of vacated alley right-of-way by conveyance of
Parcel A to Susan Jaecques, Parcel B to Elsie Vitosh, and Parcel C to David Goss, and also
authorize publication notice of its proposal, and set the date and time for public hearing
thereon; and
WHEREAS, following public hearing on said proposal, the Council finds the proposed disposal
of vacated alley right-of-way as excess City property is in the best Interest of the City of Iowa l
City,
Iowa
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
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1. That the Mayor and the City Clerk are hereby authorized, empowered and directed to
execute and deliver Quit Claim Deeds conveying the City's interest in the portion of the
vacated alley right-of-way described above to Susan Jaecques, Elsie Vitosh, and David
Goss for and In consideration of $422, $487, and $503 respectively.
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Ii 2. That the City Attorney be and is hereby authorized, empowered and directed to prepare L,
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City of Iowa City
MEMORANDUM
Date: October 13, 1989
To City Council A 'Itet
From: Don Schmeiser 1
Re: Amendments to the CN -1 Zone
The CN -1 Zone presently allows residential dwellings located above or below the ground floor ;
of another principal use permitted in this zone. The Planning & Zoning Commission has 11`
recommended in the proposed ordinance presently before the City Council that dwellings be
prohibited altogether. At the previous City Council meeting, Council members questioned the i
rationale for excluding dwellings in this zone and asked to see the minutes of the Commission
meeting when this issue was discussed.
The Planning and Zoning Commission had discussed the issue of dwellings located in the CN -
1 zone at an Informal meeting held on May 29, 1989. The minutes of the meeting are brief j
(seeattached minutes), but the implication is clear that the Commission resolved to I '
recommend against permitting dwellings, because of the perceived incompatibility of multi- J
h family residential uses to single-family residential uses that quite often abut CNA zones. The
Commission's concern was not for the residents permitted to live within the district.
If
It's arguable whether the CN -1 Zone uses are more or less compatible than multi -family
dwellings: Some persons would prefer to reside next to a commercial use than next to multi- ? `'
family dwellings with the inherent problems associated with them, particularly if the commercial 1
uses are those that are open from 8:00 a.m. to 5;00 p.m.- However, as compared to a grocery
store, which may remain open for 24 hours, the negative externalities of multi -family dwellings
would seemingly be much less.
Since 1983, dwellings have been permitted In the CNA Zone as in all commercial zones -
above or below the ground floor of a principal use. The staff is not aware of any objection by j
j abutting property owners to situations where this land use arrangement exists, although there
has been little interest by developers to locate dwellings in a CNA Zone. However, because
of the orientation and restriction in the location of dwellings in the CN -1 Zone, it would seem
that in most instances the effects of dwellings on abutting property owners would be minimal'
especially compared to the commercial uses themselves.
(, If the City Council is not in agreement with the Planning and Zoning Commission on this Issue,
the Commission has requested that the City Council meet with the Commission to discuss the
^ matter further.
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Scott suggested that another work session be used to discuss several aspects of the.,{
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proposed ordinance. The Commission agreed.
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OTHER BUSINESS:
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There was none.
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The meeting was adjourned at 10:55 p.m.
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RESOLUTION NO. 89-247
RESOLUTION AUTHORIZING CONVEYANCE OF THE VACATED OLYMPIC
STREET RIGHT-OF-WAY TO SOUTHGATE DEVELOPMENT COMPANY.
WHEREAS, the City Council passed and approved Ordinance Nop9-3435 n October 17, 1989,
vacating all of the Olympic Circle right-of-way west of Boyrum Street, more particularly
described as follows:
All of the 50 feet of vacated right-of-way of Olympic Circle shown on the plat of
the Resubdivision of portions of Blocks 5 and 6 of Braverman Center, Parts 1
and 2 recorded In Plat Book 19, Page 93, Plat Records of Johnson County,
Iowa; and
WHEREAS, the City Council adopted and approved Resolution No. 89-236 on October 3, 1989,
declaring its intent to dispose of said vacated street right-of-way by conveyance to Southgate
Development Company, and also authorized publication notice of its proposal and set the date
and time for public hearing thereon; and
WHEREAS, following public hearing on said proposal, the Council finds the proposed disposal
of vacated street right-of-way as excess City property is in the best interest of the City of Iowa
City, Iowa.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY;
IOWA:
1. That the Mayor and the City Clerk are hereby authorized, empowered and directed to
execute and deliver a Quit Claim Deed conveying the City's Interest in the vacated right-
of-way of Olympic, Circle west of Boyrum Street described above to Southgate
Development Company for and in consideration of a warranty deed from Southgate
Development Company conveying the following described real estate to the City of Iowa
Ci y:
Commencing at the Northeast Corner of the Southwest Quarter
of Section 22, Township 79 North, Range 6 West of the Fifth
Principal Meridian; thence S87.51'55'V0, 330.06 feet, along the
North Line of said Southwest Quarter to a Point on the Westerly
Right -of -Way Line of Gilbert Street (formerly known as Sand Road
and also known as the Iowa City to Burlington Road); thence
N30.5'42W, along said Westerly Right -of -Way Une, 590,67 feet;
thence' Northwesterly along said Westerly Right -of -Way Line,
208.09 feet, on a 669.60 foot radius curve, concave northeasterly,
whose 207.26 foot chord bears N19"26'22"W, all in accordance
to the Tract of Land as described In Warranty Deed as Recorded
in Book 506, at Page 282, of the Records of the Johnson County
Recorder's Office and being the Point of Beginning; thence
S87.51'55"W, along the Northerly Line of said Tract of Land,
158.01 feet; thence S5"51'55"W, along the Westerly Line of said
Tract of Land, 462,72 feet; thence 815.8'5"E, along said Westerly
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Resolution No. 89-247
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Una, 266.23 feet, to a Point on the Northerly Line of said
Southwest Quarter; thence S87.51'55'W, along said Northerly
Line, 62,44 feet, to the Easterly Bank of the Iowa River; thence
N4^59'15" W, along said Easterly Bank, 207.81 feet; thence
N12^17'23'W, along said Easterly Bank, 114.20 feet; thence j
N17°30'00"W, along said Easterly Bank, 201.67 feet; thence
N24,07'04'W, along said Easterly Bank, 173.73 feet, to the
Southeasterly Right -of -Way Line of the Cedar Rapids and Iowa {
City Railway Company; thence N45.21'48"E, along said South-
easterly Right -of -Way Una, 89.61 feet; thence Northeasterly along j
said Southeasterly Right -of -Way Line, 89.61 feet; thence North- 1
easterly, along said Southeasterly Right -of -Way Line, 267.20 feet, i
on a 2,030.00 foot radius curve, concave Northwesterly, whose i
267.01 foot chord bears N41.35'33"E; thence N37°49'18"E, along !
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said Southeasterly Right -of -Way Line, 79.57 feet; thence North-
easterly, along said Southeasterly Right -of -Way Line, 36.37 feet,
on a 1939.88 foot radius curve, concave Northwesterly, whose
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36.37 toot chord bears N37.17'05"E, to the Southwesterly Right -
of -Way Line of said Gilbert Street; thence Southeasterly, along
said Southwesterly Right -of -Way Una, 148.72 feet, on a 5,146.16
foot radius curve, concave Northeasterly, whose 148.72 foot chord
bears S17.38'06"E, to the Westerly. Right -of -Way Una of said
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former, Sand. Road; thence Southeasterly, along said Westerly
Right -of -Way. Una, 157.83 feet, on a 669.60 foot radius curve,
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concave Northeasterly, whose 157.46 foot chord .bears
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805.32'11"E, to the Point of Beginning. Said tract contains 2.57
acres, more or less, and is subject to easements and restrictions
of record.
s;
2. That the City Attorney be and is hereby authorized, empowered and directed to prepare
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and deliver said Deed,and to simultaneously obtain said Warranty Deed from
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Southgate Development Company.
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It was moved by Courtney and seconded by Ambrisco the Resolution be
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adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
.X Ambrisco
X Balmer
X Courtney
X Horowitz
X Kubby
X Larson
X McDonald
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Resolution
No. 89-247
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Page 3
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Passed and
approved this
17th day of October 1989. C
AYOR
Approved as to Form
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CITY
CLERK
Legal Department
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RESOLUTION NO. 89-248
RESOLUTION APPROVING THE PRELIMINARY LARGE SCALE NON-RESIDENTIAL
DEVELOPMENT PLAN FOR LOTS 10, 11 AND 12 OF BLOCK 5 AND
LOT 1 OF BLOCK 6 OF A RESUBDIVISION OF PORTIONS OF
BLOCKS 5 AND 6, BRAVERMAN CENTER PARTS 1 AND 2
AND VACATED OLYMPIC CIRCLE.
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WHEREAS, the owner, Southgate Development Company, has filed with the City Clerk of the
City of Iowa City, Iowa, an application for approval of the Preliminary Large Scale Non -
Residential Development Plan for Lots 10, 11 and 12 of Block 5 and Lot 1 of Block 6 of a l
resubdivision of portions of Blocks 5 and 6, Braverman Center Parts 1 and 2 and vacated i
Olympic Circle; and
WHEREAS, the Department of Planning and Program Development and the Public Works
Department have examined the proposed Preliminary Plan, and have recommended approval
of same; and
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WHEREAS, the Preliminary Plan has been examined by the Planning and Zoning Commission;
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and after due deliberation, the Commission has recommended that it be accepted and .,.t
approved; and
of the City
WHEREAS, the Preliminary Plan is found to conform with all the requirements �)
Ordinances of the City of Iowa City.
NOW, THEREFORE; BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CIN, I
IOWA; I -
1. That the Preliminary Large Scale Non -Residential Development Plan of Lots 10, 11 and
12 of Block 5, and Lot 1 of Block 6, of a resubdivision of portions of Blocks 5 and 6,
Braverman Center, Parts 1 and 2, and vacated Olympic Circle, is hereby approved.
2. That the. City Clerk of the City of Iowa City, Iowa, is hereby authorized and directed to
certify the approval of this Resolution and the Preliminary Large Scale Non -Residential
e Development Plan for Lots 10, 11 and 12 of Block, 5, and Lot 1 of Block 6 of a
resubdivision of portions of Block 5 and 6, Braverman Center Parts 1 and 2, and ,
ivacated Olympic Circle, after passage and approval by law. i
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RESOLUTION NO. 89-248
RESOLUTION APPROVING THE PRELIMINARY LARGE SCALE NON-RESIDENTIAL
DEVELOPMENT PLAN FOR LOTS 10, 11 AND 12 OF BLOCK 5 AND
LOT 1 OF BLOCK 6 OF A RESUBDIVISION OF PORTIONS OF
BLOCKS 5 AND 6, BRAVERMAN CENTER PARTS 1 AND 2
AND VACATED OLYMPIC CIRCLE.
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WHEREAS, the owner, Southgate Development Company, has filed with the City Clerk of the
City of Iowa City, Iowa, an application for approval of the Preliminary Large Scale Non -
Residential Development Plan for Lots 10, 11 and 12 of Block 5 and Lot 1 of Block 6 of a l
resubdivision of portions of Blocks 5 and 6, Braverman Center Parts 1 and 2 and vacated i
Olympic Circle; and
WHEREAS, the Department of Planning and Program Development and the Public Works
Department have examined the proposed Preliminary Plan, and have recommended approval
of same; and
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WHEREAS, the Preliminary Plan has been examined by the Planning and Zoning Commission;
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and after due deliberation, the Commission has recommended that it be accepted and .,.t
approved; and
of the City
WHEREAS, the Preliminary Plan is found to conform with all the requirements �)
Ordinances of the City of Iowa City.
NOW, THEREFORE; BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CIN, I
IOWA; I -
1. That the Preliminary Large Scale Non -Residential Development Plan of Lots 10, 11 and
12 of Block 5, and Lot 1 of Block 6, of a resubdivision of portions of Blocks 5 and 6,
Braverman Center, Parts 1 and 2, and vacated Olympic Circle, is hereby approved.
2. That the. City Clerk of the City of Iowa City, Iowa, is hereby authorized and directed to
certify the approval of this Resolution and the Preliminary Large Scale Non -Residential
e Development Plan for Lots 10, 11 and 12 of Block, 5, and Lot 1 of Block 6 of a
resubdivision of portions of Block 5 and 6, Braverman Center Parts 1 and 2, and ,
ivacated Olympic Circle, after passage and approval by law. i
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Appro ed as to Form
Resolution No. 89-245
ATTEST:
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Page 2
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CITY LERK
-Legal Department
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It was moved by Balmer and seconded by
Ambrisco the Resolution be
adopted, and upon roll call there were:
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AYES: NAYS: ABSENT:
I;
R
Ambrisco
g —_
Balmer
X
Courtney
Horowitz
Kubby
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X
Larson
g
McDonald
,
Passed and approved this 17th day of Oc ob r
1989.SP
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Appro ed as to Form
ATTEST:
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CITY LERK
-Legal Department
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Requested action:
Approval of a preliminary and final LSNRD. -:
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plan.
Purpose:,To
permit construction of an approximate
20,300 square foot office building.
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Location:West
side of Boyrum Street including
former Olympic Circle right-of-way,
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Size:
Approximately 2.55 acres.
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Existing land use and zoning
Undeveloped; CI -1
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Surrounding land use and zoning:
North - Undeveloped; CI -1
East - Undeveloped and Commercial; ,
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CI -1
South - Undeveloped and Commercial;
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West - Group Care Facilities; CI -1
Comprehensive Plan:
Intensive Commercial
File date:
September 12, 1989
a„
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45 -day limitation period
October 27, 1989
SPECIALINFORMATION:
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Public utilities:
Adequate sewer and water services are
available to the site.
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Public services: Police and fire protection are available.
Transit service is available within one-
half block of the proposed development,
Sanitation service would be provided
privately.
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Transportation: Vehicular access to the site is provided
Via Boyrum Street.
Physical characteristics: The topography Is gently sloping,
BACKGROUND:
V
On October 3, 1989, the City Council will hold a public hearing on an ordinance to vacate all
of Olympic Circle, a cul-de-sac street extending west of Boyrum Street. Southgate Develop-
avelopment
mentCompany proposes to develop the former Olympic Circle right-of-way and the four lots
abutting this right-of-way for an office use. A 20,300 square foot building Is presently being
constructed on the western half of the approximate 2.55 acre tract to house Pioneer
TeleTechnologles (PTT), a telemarketing firm. Southgate Development Company Is requesting
preliminary and final approval of the Large Scale Non -Residential Development (LSNRD) plan
quired;
for this project. Commission review and Council approval of the preliminary plan Is required;
the final plan will be reviewed and approved administratively.
ANALYSIS:
Zoning Ordinance Compliance: The proposed preliminary and final LSNRD plan Is in general
compliance with the provisions of the Intensive Commercial, Cl -1 Zone. The Commission
should note that the applicant proposes over 75 percent more parking spaces than required
by the Zoning Ordinance for a 20,300 square foot office use. Pioneer TeleTechnologles, a
telemarketing firm, is expected to occupy the structure. Telemarketing Is a relatively labor
intensive Industry; the applicant, therefore, proposes additional parking spaces to accommodate
the 150 to 180 Individuals expected to be employed by PTT.
LSNRD Compliance: The preliminary and final LSNRD plan for the proposed office building
generally conforms with the requirements of the LSNRD regulations.
Stormwater Management: A stormwater storage facility Is proposed along the northern
portion of the development. Stormwater management provisions for this project have been
approved by the City.
Sidewalks: Transit service Is available one-half block south of the proposed development.
A sidewalk should, therefore, be provided along the west side of Boyrum Street, adjacent to
7,
the proposed project, to facilitate pedestrian access to this service. The plan should be
amended to show a sidewalk Immediately east of the project site.
Economic Impact: Economic Impact is a measure of the public costs and benefits associated
with the proposed project. Public benefit can generally be measured In terms of the estimated
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tax revenue generated and the potential number of jobs created by the project, The liabilities
or costs are not always quantifiable, but include the cost of direct public Improvements such
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as the cost of overwidth paving or oversized water mains and the indirect public costs
associated with the provision of additional public services demanded by the proposed project.
Although tax levies change from tax year to tax year, it is possible to estimate the annual taxes
that would be generated by the proposed development, The applicant estimates that the
proposed commercial facility will be developed at a cost of about $1 million, The City's portion
of the tax levy presently imposed upon Iowa City property is $12.02810/$1,000 of assessed
valuation. Assuming the proposed development has an assessed value of $1 million, this
property will yield $12,028 annually in tax revenue for the City. The applicant estimates that
150 to 180 jobs will be created with the oifce use that is expected to occupy the new building.
While no direct construction costs to the City are anticipated with this development, indirect
costs associated with maintaining streets and municipal utilities and with providing police and i
fire protection and transit services are expected. The proposed development, however, is not
expected to require a significant commitment of public funds or services beyond those currently t�
available to the site.
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STAFF RECOMMENDATION:
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Staff recommends that the preliminary Large Scale Non -Residential Development plan for an
office building on Lots 10, 11 and 12 of Block 5 and Lot 1 of Block 6 of a resubdivision of 1
portions of Blocks 5 and 6 Braverman Center, Parts 1 and 2 be deferred. Upon resolution of
the deficiency listed below, staff recommends the preliminary plan be approved. The final plan
will be reviewed and approved administratively. i
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DEFICIENCY: r.
1. Show a sidewalk along the west side of Boyrum Street adjacent to the project site.
ATTACHMENT:
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1. Location Map. +
ACCOMPANIMENT:
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1. Preliminary and Final LSNRD Plan.
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Approved by:
one Schmeiser, Director
Department of Planning and
Program Development
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RESOLUTION NO. 89-249
RESOLUTION APPROVING THE PRELIMINARY AND FINAL PLATS OF
MEADOW RIDGE, A SUBDIVISION OF IOWA CITY, IOWA.
WHEREAS, the subdivider, Delta Construction Company, has filed with the City Clerk, the
Preliminary and Final Plats of Meadow Ridge, a Subdivision of Iowa City, Johnson County,
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Iowa; and
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WHEREAS, said Subdivision is located on the following -described real estate located in Iowa
City, Johnson County, Iowa, to -wit:
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Beginning at the Southeast Corner of Lot 9 of Yocum Subdivision, a part of the
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North Half of the Northeast and Northwest fractional Quarters of the Northwest
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Quarter of Section 3, Township 79 North, Range 6 West of the 5th Principal
Meridian. In accordance with the Recorded Plat thereof; thence S 03051'00" E,
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841.50 feet; thence N 86056'17"W, 337.23 feet; thence S 56°35'00" W, 95.66 feet
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to a Point on the Northeasterly Right -of -Way Une of North Dubuque Street;
thence N 34024'36"W, along said Northeasterly. Right -of -Way Une, 70.00 feet, to
a Point which is 95.00 feet normally distant Northeasterly of the Centeriine of
said Street; thence S 89°25'04" E, 30.48 feet; to the Southwest Corner of said
Fractional Northeast Quarter of the Northwest Quarter of Section 3; thence N
02"41'38" W, 199.23 feet; thence N 02020'33" W, 121.23 feet; thence N 03008'47"
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W,' 493.70 feet to the South Une of Yocum Subdivision; thence S 89040'00" E,
144.40 feet on the South Une of Yocum Subdivision; thence N 89°01'00"„E,
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266.23 feet to the Point of Beginning. Said tract of land contains 7.97 acres,
more or less, and is subiect to easements and restrictions of record.
and;
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WHEREAS, a dedication has been mad9, and the subdivision is with the free consent of Its
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owners; and
WHEREAS, the Preliminary and Final Plats and Subdivision are found to conform with Chapter
409, Code of Iowa (1989) and all other statutory requirements, with the exception that
sidewalks required by City of lows„ City Subdivision Regulations have been waived; and
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WHEREAS, said Plats and Subdivision were examined by the Planning and Zoning Commis
sion, which recommended that said Plats and Subdivision be accepted and approved.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that said
Plats and Subdivision located on the above-described real estate should be and hereby are
approved,' and the dedication of the street and easements is hereby accepted, as by law
provided.
BE IF 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.
41,
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On Oct. 5, 1989 the Planning and Zoning Committee recomended
that the proposed development of the 1.985 acre "Hidden Valley"
subdivision procede without study of its impact upon storm water
management in the "Windor Heights" subdivision. on that date
members of the commission and its staff confirmed that existing
property owners would generally be assessed for the cost of future
sewer and street upgrades and/or repairs made necessary by this
construction.
We the undersigned property owners do not wish to subsidize
the costs of the "Hidden Valley" development. The City Planning
and Zoning, Commission has verbally assured us that neither the
developer nor the commission's staff find reason for concern over
proposed modifications to the existing storm water drainage
system. The Planning and Zoning Commission is, however, unable to
exempt existing property owners from incurring additional
assessments against their property if these opinions prove
incorrect. We therefore petition the City Council of the City of
Iowa City to reaffirm the verbal assurances given to existing
property owners by Mr. Gannon, the Public Works Dept. of Iowa
City, and the Planning and Zoning Comittee. Prior to approval of
the Hidden Valley development we desire binding, dispensation from
-•
future- property assessments for sewer and street repairs or
modifications which occur in total or in part as a result of the
.
"Hidden Valley" subdivision.
NAME ADDRESS DATE
D G✓i
u so /0 15
vCr10
'A3 :W;„a o ' �� to
e 30 IV 'k
y104(e
Solicited b
Y - �1•��0+� �^�c.,..Date - I0JiSt39
I
i
On Oct. 5, 1989 the Planning and Zoning committee recomended
proposed development of the 1.985 acre "Hidden Valley"
that the prop ater
procede study Its impact upon
managements
In the "Windorwithout Heights"of subdivision. onstorm%�
that date
members of the commission and its staff confirmed that existing
property owners would generally be assessed for the cost of future
sewer and street upgrades and/or repairs made necessary by this
construction.
We the undersigned property owners do not wish to subsidize
the costs of the "Hidden Valley" development. Planning
The City
and Zoning Commission has verbally assured us that neither the developer nor the commission's staff find reason for concern over
proposed modifications to the existing storm water drainage
system. The Planning and Zoning commission is, however, unable to
exempt existing property owners from Incurring additional
assessments against their property if these opinions prove
incorrect. We therefore petition the city Council of the City Of
Iowa City to reaffirm the verbal assurances given to existing
property owners by Mr. Cann of Iowa
Gannon, the Public Works Dept.
City, and the Planning and Zoning comittee. Prior to approval of
1 t we desire binding dispensation the Hidden Valley developmen ion from
future property assessments for sewer a airs
and street rep or
modifications which occur in total or in part as a result of the
"Hidden Valley" subdivision.
NAME ADDRESS DATE
'Dr,
is
FA
lif 0
I
Solicited by -'*o,\ Datebli
FA
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Solicited by -'*o,\ Datebli
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k5� City of Iowa City
M E M O R A N D U M
I -
i
TO: Melody Rockwell j
FROM: Denny Gannon
a
DATE: September 27, 1989 !
RE: Hidden Valley {
With this memo I will hopefully answer the concerns
raised during the P&Z meeting held September 21, 1989.
The existing drainage ditch (and associated erosion)
located between the end of the existing 30 -inch diameter
storm sewer and the east side of the stormwater.detention
basin constructed with Windsor Heights, Part 5, will be i
r
eliminated with the installation and extension of the storm �,
1
°
sewer system proposed for Hidden Valley.
�..
According to the subdivider's engineer, lots 4 and 5 will
drain to the southwest; as they do at this time, to a swale
proposed to be located across lot 5 over the proposed storm
tt
sewer'.. storm water will be conveyed by this swale,to'the �' j,;;',,;"`•
detention basin.
Lots 2 and 3 will drain to the north onto Windsor court.
storm water will be collected bystormsewer inlets pro- " {'
posed for each side of the extended pavement, and conveyed
through the storm sewer system to the detention basin.
Construction equipment will be transported to the Hidden (.
Valley site via legal loads. Streets are designed and
constructed to handle legal. loads. However, if City
facilities (pavement, storm sewer, etc.) are damaged by
L
construction activities for a subdevelopment, the sub-
developer is responsible to make necessary repairs.
a „{
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R
t
STAFF REPORT
i
i
To: Planning & Zoning Commission
Prepared by: Melody Rockwell
Item: S-8931. Hidden Valley Subdivision
Date: September 21, 1989
GENERAL INFORMATION:
Applicants:
John P. Muller
Daniel L. Heai
1710 Fifth St.
Coralville, Iowa 52241
Phone: 351-8166
�l.
+
Requested action:
Final plat approval of Hidden Valley
Subdivision.
,
Purpose:
To establish a five -lot, single-family
'k,
residential subdivision.
j—
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Location:
On and north of Rochester Avenue along
K
the proposed westerly extension of
Windsor Court.
u a
Size:
1.90 acres,
Comprehensive Plan:
Residential; 2-8 DU/A.
Existing land use and zoning:
Undeveloped; RS -5.
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„.
+
.
Surrounding land use and zoning:
North -Single-family residential;
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RS -5.
East - Single-family residential;
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RS -5.
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South - Single-family residential;
1
RS -5.
West- Single-family residential;
},+
RS -5.
+ "
Filedate:
August 29, 1989.
;}
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45 -day limitation period:
October 13, 1989.
�'-' + •' 1
SPECIAL INFORMATION:
Public utilities:
Municipal water and sanitary sewer
r r
services are presently available,
t ,_
•
,
,f
i
1
2
Public services: Police and fire protection, and sanitation
service are available.
Transportation: The site is accessible to Rochester
Avenue directly from Lot 1 and via j
Windsor Court for Lots 2-5.
Transit service: Rochester Route, two blocks away.
Physical characteristics: The site is a wooded valley with
moderately steep slopes.
ANALYSIS:
The subject addition submitted by John P. Muller and Daniel L. Haat subdivides a 1.90 acre
tract of land into five lots. The preliminary plat for the subdivision was unanimously approved
by the City Council on May 30, 1989, Resolution No. 89-114. The proposed final plat is in
general compliance with the requirements of the subdivision regulations, subject to review of
the legal papers:
Each lot compiles with the dimensional requirements of the RS-5 zone to permit construction y !�
of detached single -family residences. Stormwater management, in terms of on-site detention, `
is not required for subdivisions less than two acres In size. The hammerhead turnaround for
use byemergency vehicles as shown on the Preliminary Plat of the Hidden Valley Subdivision
(2 private driveways on Lots 2 & 5) will be secured through a temporary access agreement
Included as part of the legal papers provided by the subdivider. This agreement would be
r voided upon completion of Windsor Court through to Seventh Avenue.
f
j Economic Impact: Given the value of comparable development in the nearby residential area,
the assessed value of each lot within thero osed subdivision is estimated to be a roxi-
P P PP t,
mately $78,610 for Lot 1 on Rochester Avenue and $109,751 for Lots 2-5 on Windsor Court.
For tax purposes, the value of residential uses within this tax year are rolled back to 80.6384%
of their assessed values. The City tax levy imposed upon a residential use within the City is
$122810/$1,000 of assessed valuation. Assuming Lot t in the proposed subdivision is
developed with an assessed value of approximately $78,610, and Lots 2-5 at an assessed value
of approximately $109,751, the amount of annual tax generated to the City would be $778 for
Lot i plus $1,087 per lot for Lots2.5. If all five lots in the subdivision were developed today, iIJ
the City would realize an annual Increase in City revenue of approximately $5,126. The
proposed subdivision will not have an adverse Impact on the City's financial ability to provide
municipal services.'
' STAFF RECOMMENDATION:
Staff recommends that the final plat of the Hidden Valley Subdivision be approved.
ATTACHMENTS:
I i 1. Location Map.
2. Final Plat of the Hidden Valley Subdivision.
r
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3
3..
Hammerhead Turnaround Designated on Preliminary Plat of Hidden Valley Subdivislon.
Approved by:
nald chmeiser, Director
c i,i r , -,�. , •>
';
Department of Planning and
,.
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Program Development
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I �'LOCATION MAP
�I Hidden Valley Subdivision
'! S-8932 i
401,
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�I Hidden Valley Subdivision
'! S-8932 i
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— �- FINAL PLAT
HIDDEN VALLEY I •ii•a�r<,
AN ADDITION TO IOWA CITY, 0..1•
«i Heil n n .yo ro•ny N.
JOHNSON COUNTY, IOWA y
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HL DEN VALLEY
AN ADDITION TO
IOWA CITY, IOWA
-
— -� 5-8909
_ WINSTO_N OR._ ".
Attachment 3; S-8931 i
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41
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RESOLUTION NO. 89-251
RESOLUTION APPROVING THE PRELIMINARY LARGE SCALE NON-RESIDEN-
TIAL DEVELOPMENT PLAN FOR MERCY CENTRE MEDICAL BUILDING ON
CENTRE MARKET.
WHEREAS, the owner, Mercy Facilities Inc., has filed an application for approval of the
preliminary Large Scale Non-Residential Development Plan for Mercy Centre Medical Building
on Centre Market block; and
I
WHEREAS, the Department of Planning and Program Development and the Public Works
Department have examined the preliminary Large Scale Non-Residential Development Plan and
have recommended approval of same subject to the Board of Adjustment granting a special
exception to modify the front yard setback on Van Buren Street and subject to compliance with
the City's Stormwater Management Ordinance; and
i
WHEREAS, the preliminary Large Scale Non-Residential Development Plan has been examined
by the Planning and Zoning Commission and after due deliberation the Commission has
recommended that the plan be accepted and approved subject to the items noted above; and
WHEREAS, the preliminary Large Scale Non-Residential Development Plan for Mercy Centre-
Medical Building is found to conform with all the pertinent requirements of the, ordinances, of
the; City of Iowa City, Iowa, Including the Stormwater Management Ordinance and'a special
exception has been granted by the Board of Adjustment to modify the front yard setback on
Van Buren Street.
NOW; THEREFORE, BE R. RESOLV
IOWA: BY THCIT
E Y COUNCIL OF THE CITY OF IOWA CITY,
{'.
i
t. That the preliminary Large Scale Non-Residential Development Pian for Mercy Centre
Medical Building on Centre Market block is hereby approved I i
1 „
9 - That the Citv Clerk is hereby authorized and directed to certify the approval of the I '"
I
SPECIAL INFORMATION:
Public utilities:
Public services:
Transportation:
2
Adequate water and sewer service are
available.
Police and fire protection will be provided
by the City. Sanitation services will be
provided by a private hauler.
Vehicular access to the project is
provided directly from Johnson and Van
Buren streets. The one-way arterials of
Market and Jefferson streets abut the she.
Transit service is provided on Market and
Jefferson streets.
Physical characteristics: The site is relatively slat with a slight
downward slope from the northwest
,a
corner of the site to the southeast.
f ` ,
BACKGROUND: ,
Mercy. Facilities of Iowa City, Inc. proposes the construction of a five level parking ramp and
four story, medical office building on Centre Market block. This block is presently the site of
a surfaced parking lot operated by Mercy Hospital.Mercy, Facilities, Inc; and Mercy Hospital
:o are separate corporations which are subsidiaries of the parent company, Mercy Center. Since
r the site has more than two acres, approval of a Large Scale Non -Residential Development plan
Is required before a building permit may be Issued.
ANALYSIS:
Approval of a preliminary LSNRD plan endorses the general concept of building layout and
traffic circulation shown on the plan. With resolution of the deficiencies listed below, the
preliminary plan submitted for the Mercy Centre Medical Building is acceptable to the staff and
Is In compliance with the LSNRD provisions of the Code.
Design Compatibility with Neighboring Properties: The siting of the buildings is such that
the greatest building bulk Is in the north and west portions of the property, near properties
projected for commercial development and away from the lower density RM -12 residential
zoning along Johnson and Jefferson streets. However, the applicant is encouraged to provide
h t d south faces of the parking ramp to soften the bulk of this
landscaping along t ewes an
structure as it contrasts with the scale of the existing buildings along Johnson and Jefferson
r streets. Extensive plantings exist along Johnson Street which screen the present parking area.
To the extent possible, these plantings should be preserved or replaced around the proposed
surface parking.
�
I
i
fI.
i.
I
I�
SPECIAL INFORMATION:
Public utilities:
Public services:
Transportation:
2
Adequate water and sewer service are
available.
Police and fire protection will be provided
by the City. Sanitation services will be
provided by a private hauler.
Vehicular access to the project is
provided directly from Johnson and Van
Buren streets. The one-way arterials of
Market and Jefferson streets abut the she.
Transit service is provided on Market and
Jefferson streets.
Physical characteristics: The site is relatively slat with a slight
downward slope from the northwest
,a
corner of the site to the southeast.
f ` ,
BACKGROUND: ,
Mercy. Facilities of Iowa City, Inc. proposes the construction of a five level parking ramp and
four story, medical office building on Centre Market block. This block is presently the site of
a surfaced parking lot operated by Mercy Hospital.Mercy, Facilities, Inc; and Mercy Hospital
:o are separate corporations which are subsidiaries of the parent company, Mercy Center. Since
r the site has more than two acres, approval of a Large Scale Non -Residential Development plan
Is required before a building permit may be Issued.
ANALYSIS:
Approval of a preliminary LSNRD plan endorses the general concept of building layout and
traffic circulation shown on the plan. With resolution of the deficiencies listed below, the
preliminary plan submitted for the Mercy Centre Medical Building is acceptable to the staff and
Is In compliance with the LSNRD provisions of the Code.
Design Compatibility with Neighboring Properties: The siting of the buildings is such that
the greatest building bulk Is in the north and west portions of the property, near properties
projected for commercial development and away from the lower density RM -12 residential
zoning along Johnson and Jefferson streets. However, the applicant is encouraged to provide
h t d south faces of the parking ramp to soften the bulk of this
landscaping along t ewes an
structure as it contrasts with the scale of the existing buildings along Johnson and Jefferson
r streets. Extensive plantings exist along Johnson Street which screen the present parking area.
To the extent possible, these plantings should be preserved or replaced around the proposed
surface parking.
�
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Department of Planning and
Program Development
/ 80�
LOCATION MAP S-8927
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►r:11CItIVLTD
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y
SSP 2 51989
TO: Planning and Zoning Commission
c/o Karen Franklin
w,
Civic Center
P.P.O. E; ARTNENT
410 E. Washington Avenue
Iowa City, Iowa 52240
C f ,•
FROM: David R. Anderson
ti.
Marshall Erdman & Associates
R
RE: Mercy Facilities, Inc.
Proposed Project
DATE: September 22, 1989
jx�3�tj
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Sky4t'ay
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++�9:Wnu'rrv+r
.1 ✓ M..o.n
We understand that the proposed skyway over Market Street Is a separate Issue.
ry
a's '
which will Involve a separate approval process. This notation was Inadvertently
omitted from our site plan for preliminary large-scale development approval.
'
Tentative Schedule
Begin Excavation/Foundation December 1989
:h
Complete Parking Ramp June/July 1990
Complete Office Building December 1990
Com I
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S,
,
RESOLUTION NO. 89-252
RESOLUTION AUTHORIZING CONVEYANCE OF A VACATED PORTION OF THE ALLEY IN
BLOCK 47, IOWA CITY, IOWA, THE EAST -WEST ALLEY BETWEEN MERCY HOSPITAL AND
GILBERT STREET.
WHEREAS, the City Council passed and approved Ordinance No. 82-3097 vacating a portion of the
east -west alley In Block 47, Iowa City, Iowa, between Mercy Hospital and Gilbert Street, more particularly
described as follows:
The west 60 feet of the east 160 feet of the alley in Block 47, Iowa City, Iowa, according to the
recorded plat thereof, subject to a 20 -foot utility easement over the entire 60 feet reserved by 1
the City of Iowa City, Iowa, and subject to the existing easement rights of public utilities; and 1
WHEREAS, the City Council adopted and approved Resolution No. 89-223 September 19, 1989,
declaring Its Intent to dispose of said vacated alley right-of-way by conveyance to Mercy Hospital; and
also authorized publication notice of its proposal, and set the date and time of public hearing thereon;
and
WHEREAS, following public hearing on said proposal, the Council finds the proposed disposal of r
vacated alley right-of-way as excess City property is In the best interest of the City of Iowa City, Iowa.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: i
1. That the Mayor and the City Clerk are hereby authorized, empowered and directed to execute and i
deliver a quit claim deed conveying the City's interest in the portion of the vacated alley right-of-
way
ight-of way described above to Mercy Hospital In consideration of $7,000. "
2. That the City Attorney be and is hereby authorized, empowered and directed to prepare and deliver
said Deed; and to simultaneously obtain the easements described above. i.
It was moved by Balmer and seconded by Ambrisco the Resolution be adopted,
and upon roll call there were: E
AYES: NAYS: ABSENT:
X Ambrisco
X Balmer
X Courtney
X Horowitz I
X Kubby
X X Larson J
' )I X McDonald
Passed and approved this 17th day of October 1989.
I
OR
Approved as to Form
egal Department i
9-aF-f7
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tlS
RESOLUTION NO. 89-252
RESOLUTION AUTHORIZING CONVEYANCE OF A VACATED PORTION OF THE ALLEY IN
BLOCK 47, IOWA CITY, IOWA, THE EAST -WEST ALLEY BETWEEN MERCY HOSPITAL AND
GILBERT STREET.
WHEREAS, the City Council passed and approved Ordinance No. 82-3097 vacating a portion of the
east -west alley In Block 47, Iowa City, Iowa, between Mercy Hospital and Gilbert Street, more particularly
described as follows:
The west 60 feet of the east 160 feet of the alley in Block 47, Iowa City, Iowa, according to the
recorded plat thereof, subject to a 20 -foot utility easement over the entire 60 feet reserved by 1
the City of Iowa City, Iowa, and subject to the existing easement rights of public utilities; and 1
WHEREAS, the City Council adopted and approved Resolution No. 89-223 September 19, 1989,
declaring Its Intent to dispose of said vacated alley right-of-way by conveyance to Mercy Hospital; and
also authorized publication notice of its proposal, and set the date and time of public hearing thereon;
and
WHEREAS, following public hearing on said proposal, the Council finds the proposed disposal of r
vacated alley right-of-way as excess City property is In the best interest of the City of Iowa City, Iowa.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: i
1. That the Mayor and the City Clerk are hereby authorized, empowered and directed to execute and i
deliver a quit claim deed conveying the City's interest in the portion of the vacated alley right-of-
way
ight-of way described above to Mercy Hospital In consideration of $7,000. "
2. That the City Attorney be and is hereby authorized, empowered and directed to prepare and deliver
said Deed; and to simultaneously obtain the easements described above. i.
It was moved by Balmer and seconded by Ambrisco the Resolution be adopted,
and upon roll call there were: E
AYES: NAYS: ABSENT:
X Ambrisco
X Balmer
X Courtney
X Horowitz I
X Kubby
X X Larson J
' )I X McDonald
Passed and approved this 17th day of October 1989.
I
OR
Approved as to Form
egal Department i
9-aF-f7
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RESOLUTION NO. 89-253
RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO
ATTEST AN APPLICATION TO THE IOWA DOT CAPITAL MATCH LOAN BANK.
i
WHEREAS, the City of Iowa City has a municipal transit system, and
WHEREAS, the City Council has authorized the application for federal funds to assist in the i
"
financing of Iowa City Transit's FY89 program of UMTA Section 3 and Section 9 capital
projects; and
WHEREAS, additional funds are available from the Iowa DOT Capital Match Loan Bank to
provide interest-free loans of local match funds to Iowa public transit systems.
;
NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, AS
I
FOLLOWS:
1. That the Mayor is authorized to execute an application for an additional $26,130 from
the Iowa DOT Capital Match Loan Bank for a total loan of $91,800, to assist in financing
the local share of vehicles to be procured in FY90.
2. That the $91,800 will be repaid in three equal payments of $30,600 in 1991, 1992, and
1993.
Ti
4. That JCCOG staff is authorized to file any additional information required by the Iowa j
t
DOT in conjunction with this project: i
1
It was moved by Balmer and seconded by Horowitz the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
t,at
X Ambrisco!
`
X Balmer
rr n
X Courtney
X Horowitz
X Kubby
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Easement, and.Covenant, attached hereto and made a part hereof; is approved as I
to form and content.
If
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.. BE IT FURTHER RESOLVED that the Finance Director is authorized and directed to
" make payment in the amount of $2,000, payable to Hawkeye Land, Company; to be I
paid from City account number 3831.0.
,t
AND BE IT FURTHER RESOLVED that the City Manager is authorized and directed to
acquire said Easement, at the purchase price indicated above, and to execute the j''.',
1 i'' 7"
e
City's acceptance thereof.-
�,
' `''' •� ' '-' ' It was moved byand .seconded by the
RESOLUTION N0.
Resolution be adopted, and upon roll call there were:
RESOLUTION APPROVING THE ACQUISITION OF ASEWER EASEMENT FROM {
HAWKEYE LAND COMPANY IN CONNECTION WITH SYCAMORE VIEW SUBDIVISION
Ambrisco
Balmer:
WHEREAS, the City of Iowa City has undertaken a project to secure the develop-
1
Courtney
ment of new single-family residential dwellings for lower income, first time
`
1
Kubby
home buyers, utilizing City owned property adjacent to First Avenue between J
„ McDonald
Street and the Iowa Interstate Railroad right-of-way; and
WHEREAS, in conjunction with the development of said property, it will be
i
necessary to construct a public sewer on railroad right-of-way to serve said
residences; and
o_
I
WHEREAS, City staff has negotiated the terms of a proposed Permanent Sanitary
Sewer Easement, Temporary Construction Easement, and Covenant with Hawkeye Land
I,
Company, the holder of underground property rights within said railroad right-
of-way, for which the City will pay Hawkeye the sum of $2,000 for acquisition
I
of said Easements; and
1 II
WHEREAS, the City Council finds it is in the best interests of the City of Iowa
1
}
City to acquire said Easements from Hawkeye Land Company.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY: OF'IOWA CITY,'
IOWA that the proposed Permanent Sewer Easement Temporary Construction
Easement, and.Covenant, attached hereto and made a part hereof; is approved as I
to form and content.
If
i
.. BE IT FURTHER RESOLVED that the Finance Director is authorized and directed to
" make payment in the amount of $2,000, payable to Hawkeye Land, Company; to be I
paid from City account number 3831.0.
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AND BE IT FURTHER RESOLVED that the City Manager is authorized and directed to
acquire said Easement, at the purchase price indicated above, and to execute the j''.',
1 i'' 7"
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City's acceptance thereof.-
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' `''' •� ' '-' ' It was moved byand .seconded by the
•
Resolution be adopted, and upon roll call there were:
AYES: NAYS:- ABSENT:
Ambrisco
Balmer:
Courtney
Horowitz
`
Kubby
t Larson
„ McDonald
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Resolution No:
Page 2
1
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Passed
and approved this__
day of
1989.
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MAYOR
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Approved as to Form
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ATTEST.:.-
f/ i�,r,✓ kr
mCITY
CLERK
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PERMNENT SANITARY SEWER EASEMENT,
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TEMPORARY CONSTRUCTION EASEMENT, AND COVENANT
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THIS
AGREEMENT, made and entered into by and between Hawkeye Land Company,
hereinafter
referred to as 'GRANTOR' and the City of Iowa City, Iowa, a municipal
corporation,
hereinafter referred to as "CITY."
IT IS
HEREBY AGREED AS FOLLOWS:
1.
The UNDERSIGNED Grantor states and covenants that it is lawfully seized
and possessed of the real estate described and/or shown in Exhibit A
attached hereto, and that it has agood and lawful right to convey this
easement.
2.
In consideration of $2,000 and the mutual covenants herein, GRANTOR hereby
grants and conveys to the CITY an exclusive Permanent Easement for the
j
purposes of constructing, operating, maintaining, repairing, using,
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reconstructing and replacing sanitary sewers and appurtenances in, over
-
and across certain real estate owned by Grantor, and described and/or shown
on Exhibit A.
].
Grantor also hereby grants and conveys to the City a Temporary Construction"
-
Easement in, over and across that portion of Grantor's property described
"-
and shown in Exhibit A. Said Temporary Construction Easement is for the
�
purpose of facilitating the construction of the sanitary sewer, and shall
include necessary excavation, piling of dirt, storage of materials and
equipment, and ingress and egress of persons and equipment to complete
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construction.
4.
The term of the Temporary Construction Easement will be for the period of
-
- ..time
required by the City to complete theconstruction of the sanitary
sewer, but in no event shall the duration of the Temporary Construction
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,Easement extend beyond July 1, 1991..
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5.
With respect to the Easements described in Paragraph 2 and 3 hereof:.
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(a) The CITY shall have the right to make excavations within the area
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of the easements,and to grade as it may find reasonably necessary
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for _ theconstruction;operation, repair, , maintenance and
reconstruction of the sanitary sewer. The City covenants and agrees
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to protect such excavations during construction, and to promptly fill
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same following construction. ...
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(h) ,The CITY shall have the right,to trim and remove all trees and bushes
which may interfere with the exercise of. the CITY's rights pursuant
to this Easement. However, if valuable timber is removed, it shall
continue to be the property of the GRANTOR:- The: City covenants and
agrees that existing driveways, sidewalks, fences, trees, shrubbery
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.. or other site features which are rmaoved or disturbed to. permit
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construction shall be replaced to conform with the sections or items
�
removed.
'
All grassed areas. disturbed by the installation, repair or
..
.maintenance of the sanitary sewer shall be reseeded.
(c) The City covenants and. agrees to remove and stockpile existing
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topsoil from areas to be excavated to a minimum depth of six inches.
Following installation of the sanitary sewer, said topsoil shall be
replaced and respread over excavated areas, and all other areas
within the easement limits which are disturbed will be restored to
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their original elevations.
(d) The CITY shall have the right of ingress and egress to and from the
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easement areas by such route as shall occasion the least practical
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damage and inconvenience to the GRANTOR.
,
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(e) The City. covenants and agrees to provide Iowa Interstate Railroad
`Ltd.
and to any successor operating entities, 72 hours notice prior
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to the commencement of construction, repair, routine maintenance,
reconstruction,or replacement of the sewers located within the
permanent easements. Such notice shall be given orally by telephone
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or by ordinary mall to the local dispatcher or other designated agent
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for the operating entity. In the event of an emergency requiring
Immediate repair or maintenance, the City shall be entitled to
immediate access, and shall Immediately notify the dispatcher by
telephone. For purposes of this provision, it is assumed and agreed
I' a dispatcher shall be available by telephone at all times. In
the event that a dispatcher is not available by telephone, notice
shall be deemed given when milled..
6.
The GRANTOR reserves the right to use the real estate above-described for
purposes which shall not interfere with the CITY'S or public's full
•
enjoyment of the rights granted to this easement; provided, however,
(a) Heartland Rail Corporation and Iowa Interstate Railroad Ltd., and
their heirs, successors and assigns, shall continue to have the right
j
to operate a railroad or railroads upon said property, including the
right to replace or repairtrackage, or to install additional
trackage thereon.
(b) GRANTOR, their heirs, successors and assigns shall continue to have
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the right to utilize the surface and subsurface areas of the railroad
1
right-of-way for the construction, installation, erection,
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reconstruction, reinstallation, re -erection, relocation, maintenance,^:
removal, repair, replacement, use and operation of transportation
'and transmission systems for all and every type of fluids, gases,
•
resources, materials, products, communications and energy by whatever
means, including, without limitation, overhead conveyors, pipelines,
telephone, radio, radar or laser transmission systems, wire, cable,
fiber, fiber-optic, utility, energy and power transmission lines or
conduits of every kind and character together with all necessary
1
supporting structures and devices which may, be constructed, erected
or Installed on, In, under, over, above, across and along all or any
1.
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portion of the Property
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to the extent that said uses do not disrupt or Interfere with the Easement
rights herein granted to the City;
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7.
GRANTOR shall not erect or construct any building or other structure, or
drill or operate any well, or construct any reservoir or other obstructions
within the Easements noted 1n Paragraphs 2 and 3 above. Nor shall GRANTOR
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allow or cause any substantial fill or cut over said Easements without the
consent of said CITY, which consent shall not be unreasonably withheld.
"
D.
In the operation, maintenance, repair, or replacement of its sewers, City
shall not unreasonably interfere with the use, operation or maintenance
of the surface of property for railroad purposes, as owned and/or leased-
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by Heartland or Iowa Interstate, their heirs, successors, and assigns.
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9.
The CITY shall indemnify GRANTOR against any loss or damage which may
occur in the exercise of the Easement rights by the CITY, except for lass
which may be occasioned by a diminutionin business during the temporary
use of the area for construction, repairs, maintenance and/or construction.
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10.
The provisions hereof shalllnure to the benefit of and bind the successors
and assigns of the respective Parties hereto,- and all covenants shall apply
*
to and run with the land and with title to the land. These Easements shall
be recorded at the time of execution.
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Dated
this day of 19_
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HAYKEYE LAND COMPANY, a corporation
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organized and existing under the laws
him` • •i -., ,
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of the State of
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GRANTOR'.
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By: ..
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STATE OF IOWA
JOHNSON COUNTY)
19 beforee.
On this day of _. .,
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,.e Notary Pub cin a�. the Statemof.
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-. owa, Dersone Y'+DDeared �- . ,' to me Personally
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- known, and, who, being by me u y sworn, d d say t at a she) Is the (Mayor)
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(City Manager) of the City. of Iowa City, Iowa; that the instrument was signed
1
on behalf. of the corporation, by authority of its'City Council, as contained in
Resolution No. adopted by the City Council on the day
Of " 19 and that `
,.
. acknow edged the axe on of the nstroment to be h s her vo untary act and
II
'deed and the voluntary act and deed of the corporation, by it voluntarily
...executed.
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Notary Public in and for the State o7wfowa'.,
..
n�p'Pp�iG�i° tb ronlA�_ �
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' IIAHKEYE LAND COMPANY' �
1.
" P 0 BOX 5399 EXHIBIT A j
CEDAR RAPIDS, IOWA 52406-5399 -
(formerly. Chicago Pacific Corporation) '-
1319)366-3438 +
APPLICATION FOR PIPELINE EASEMENT i
Locot on of easement des red ,
1,
STATE Iowa COUNTY Johnson-
OUARTER.SECTION SBL -14
TOWNSHIP 79N RANGE R61V PM SNI
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2. Full Name and Address of.Applicant City. of Iowa City
CONTACT Marianne Millanan TELEPHONE 319.356.5244 i
wage
3. Product to be handled in Pipe Line Sanitary SeI.
Toxic or F alT—tunable Non -F ammable 7�—
. Croee-Inq __ Parallel 7_
4. Easement Requirement for, Construction slid Maintainance of Sewer Pipe in It�il
Road Right -of -Way
S. PIPE DATA1 CARRIER PIPE CASING PIPE
Outside Diameters
• Inside Diameter g.
Pipe Material 1
Clay.
Specification a Grade 11.4111 ,
�"
Exterior Coating
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Wall Thickness I+
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Minimum Yield Stress }�
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Maximum Operating Pressure `
9
Type of Joint ii
Method of Installation ),
Cathodic Protection Provided -YES NO Casing insulation YES to . !'
Pipeline Stationing at Railroad R.O.H.
Pipeline Stationing at Mainline. Track :r
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Pipeline Crossing Angle: at Mainline Track
Pipeline Crossing. Distance to R.R. Milepost' 28U.5'to 54J' west of milrncrteri}
Pipeline Offset' Parallel to R.R. Mainline Track 3U'
Pipeline Minimum Depth from Base of Mainline Track 7' ,,...
Minimum Federal Standards for. Gas Pipeline (192 Titre 49 Comp -L eT1_tNi
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,
6. Legal Description of Proposed Location of Pipeline (Sufficient for`ir",
Recording Purposes). See Attached Plat 814 Easement Descriptions I
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- (a) Distance to nearest Quarter Section line 200'
ivy a' r
(b) Approximate direction from Quarter Section line.
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'�)—r.-Teaearf�om-neetea U Land -brant -lino•
7. APPLICANT
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BY _ TITLE
B. Complete Location Sketch on Reverse Side
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9. PLEASE ATTACH PLAN AND CROSS SECTION OF PROPOSED CROSSING WIZEN RETURNING
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TIII9 FOAM. ; •
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APPROVEDt
Name Name
Title 1'te
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PROPOSED TEMPORARY Y q
CONSTRUCTION EASEMENT.
PROPOSED PERMANENT EASEMENT
PLAT OF. PROPOSED EASEMENTS
SYCAMORE VIEW SANITARY SEWER CONSTRUCTION
ON IOWA INTERSTATE RAILROAD RIGHT -OF -HAY
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DESCRIPTION OF TEMPORARY CONSTRUCTION EASEMENT
Beginning at a point which is the southwest corner of Block 10 in I
the East Iowa City Addition to Iowa City, Iowa, said point lying
on the northerly Right -of -Nay line of the Iowa Interstate
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Railroad, 541 feet west and 50 feet north of railroad mile marker
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1235; thence northwesterly along said railroad Right -of -Way line
I9 a point of intersection with the centerline of Second Avenue
as platted In said East Iowa City Addition; thence south along
...
said Second Avenue centerline extended to a point which lies 40
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feet southwest of said Railroad Right -of -Nay line; thence
southeasterly along a line which lies parallel to and 40 feet,
southwest of said Railroad Right -of -Nay line to a point which
Iles 254 feet east of said Second Avenue centerline extended;
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thence north along a line which lies parallel to and 254 feet
east of said Second Avenue centerline extended to a point of
Intersection with said railroad Right -of -Nay line; thence
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northwesterly along said railroad Right -of -Nay line to the Point
of Beginning.
DESCRIPTION OF PERMANENT EASEMENT
Beginning at a point which Is the southwest corner of Block 10 In
the East Iowa City Addition to Iowa City, Iowa, said point lying
on the northerly. Right-oPNay line of .the Iowa. Interstate
I
Railroad, 541 feet west and 50 feet north of railroad mile marker
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1235; thence :northwesterly along said railroad Right -of -Nay line
to a point of intersection with the centerline. of, Second Avenue
as platted in said East Iowa 'City Addition; thence south along -
a;
said Second Avenue centerline extended to a point.. which lies 30.-
' feet southwestof -sold Railroad Right -of -Nay line; thence
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southeasterly along 'arline which lies, parallel to. and 30 feet
-point
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southwest of ' said Railroad: Right -of -WAY line toa which
lies 299 feet east of. said Second Avenue centerline extended;
thence. northalong a line which lies parallel to, and 244 east of
said Second Avenue centerline extended to a point of intersection
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the 'northerly.' Right •of -Nay line of .the lowalnterstate .
.with
Railroad, said line also being the south line of Block IO in the
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East Iowa City Addition; thence northwesterly along said Right-
!
of-Nay to a point which lies 224 feet east of said Second
p
.line
Avenue centerline extended; thence south along a'line 'which lies
parallel to and 224' feet east of said Second Avenue centerline
,
extendedto -a point which lies 10 feet southwest of said Railroad
Right -of -Nay lin( northwesterly along a. line which lies
parallel to and 30 feet. southwest of. sa ld RallroadRight-oF-Nay
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line to a point which lies 37.5 feet east of said Second Avenue
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centerline' extended; thence north along a line.. which lies -.i
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parallel to and 37.5feet east of said. Second Avenue centerline
•
.x tended to the Point of Beginning.
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RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK
TO ATTEST THE RELEASE OF TWO PROMISSORY NOTES AND MORTGAGE
FOR PROPERTY LOCATED AT 728 BOWERY STREET.
WHEREAS, on November 30, 1988, and March 28, 1989, the property owners at 728 Bowery
Street executed two Promissory Notes; and
WHEREAS, the property owners at 728 Bowery Street executed two Promissory Notes in the
amount of $11,000, dated 11/30/88 and $25,000 dated 3/28/89 for value received by way of
Comprehensive Rehabilitation Loans; and
WHEREAS, said Notes provided a lien against subject property, and
WHEREAS, the Combined Promissory Notes of $36,000 have been paid in full on
Jul 20 1989 d J 12
y an u y 4, 1989, respectively.
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y an u y 4, 1989, respectively.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
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IOWA, that the Mayor is authorized to sign and the City Clerk to attest the attached Release
of Lien, whereby, the City does release the affected property from an obligation of the property
owners at 728 Bowery Street to pay to, the City the principal amount of $36,000.00.
+
It was moved by Balmer and seconded by Ambrisco the Resolution be
' r
adopted, and upon roll call there were:
Approved as to Form
AYES: NAYS' ABSENT:
X Ambrisco
F ; E
R Balmer
X Courtney
i
Ili
!✓JS ��°In
X Horowitz
I...
Xj
Kubb
i
Legal Department
X Larson
X McDonald
r
Passed and approved this 17th day of October 1989.
„
AYOR
+
Approved as to Form
F ; E
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ATTEST: /ilo.y���� �f.nywJ
!✓JS ��°In
C CLERK
Legal Department
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Date: October 17, 1989
KNOW ALL MEN BY THESE PRESENTS:
That the City of Iowa City does hereby release the following -described property:
I
The South 80 feet of Lot 12, in Oak Hill Addition to Iowa City, Iowa according
to the plat thereof recorded in Book 2, Page 14, Plat Records of Johnson
,
County, Iowa.
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from an obligation of the property located at 728 Bowery Street to the City of Iowa City, Iowa,
in the combined principal amount of $36,000.00 represented by two mortgages recorded in the
Office of the Johnson County Recorder on December 9, 1988, in Book 1038, Page 46, and
April 11, 1989, in Book 1054, Page 66 respectively.
This obligation has been paid In full and the Mortgage Is hereby released.
I `
CITY OF IOWA CITY,. IOWA I
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:;:'Mayor
ATTEST:
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City
-Clerk
STATE OF IOWA
SS:
JOHNSON COUNTY )
.
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On this 17th day of October 198, before me, _Ramona Parrott
a Notary Public in and for said County, In said State, 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 said municipal corporation executing the within and
foregoing instrument; that the seal Mixed thereto is the seal of said corporation by authority
of Its City Council; and that the said John McDonald and Marian K, Karr as such officers
acknowledged the execution of said Instrument to be the act
voluntary and deed of said
corporation; by It and by them voluntarily executed
Notary Public in and for the State of Iowa
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