HomeMy WebLinkAbout1988-06-14 ResolutionyGl
RESOLUTION NO. 88-118
RESOLUTION TO ISSUE DANCING PERMIT
BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA,
that a Dancing Permit as provided by law is hereby granted
to the following named person and at the following described
locations upon his filing an application, having endorsed
thereon the certificates of the proper city officials as to
having complied with all regulations and ordinances, and
having a valid Class "B" Beer Permit or liquor control license,
to wit:
Fraternal Order of Eagles
It was moved by Courtne
and
seconded
by Dickson
cn t ere
that the Resolution as rea e
a opted,
and upon
rol
were:
AYES: NAYS: ABSENT:
Ambrisco X
Courtney X
Dickson X
Horowitz X
Larson X
McDonald X
Strait X
Passed and approved this 14th day of June
19 88
Attest:
Ci y Clerk
'A
a
RESOLUTION NO. 88-119
RESOLUTION ACCEPTING THE WORK FOR
SANITARY SEWER IMPROVEMENTS FOR ROCHESTER PLACE
WHEREAS, the Engineering Division has certified that the following
improvements have been completed in accordance with the plans and specifications
of the City of Iowa City:
Sanitary sewer improvements that include 810 feet of 8 -inch VCP and
four manholes for Rochester Place as constructed by Jeff Maxwell
Construction Co., of Iowa City, Iowa.
AND WHEREAS, maintenance bonds have been filed in the City Clerk's office,
NOW THEREFORE BE IT RESOLVED by the City Council of Iowa City, Iowa, that
said improvements be accepted by the City of Iowa City.
i
It was moved by Courtney and seconded by Dickson
that the resolution as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
i
X AMBRISCO 1
X COURTNEY
X DICKSON
X HOROWITZ
X LARSON
X McDONALD
X STRAIT
Passed and approved this 14th day of June, 1988.
�/ MAYOR
ATTEST: n :,,.- -j �.
C TY CLERK
TO FORM G�9�88
LEGAL DEPARTMENT
I
CITY OF IOWA CITY
CHIC CENTER 410 E. WASHINGTON ST. IOWA UY, IOWA 52240 (319) 356-500C)
ENGINEER'S REPORT
June 8, 1988
Honorable Mayor and City Council
Iowa City, Iowa
Dear Honorable Mayor and Councilpersons:
I hereby certify that the construction of the improvements listed
below has been completed in substantial accordance with the plans
and specifications of the Engineering Division of the City of
Iowa City. The required maintenance bond is on file in the City
Clerk's office.
Sanitary sewer improvements that include 810 feet of 8
inch diameter VCP, and four manholes for Rochester
Place, as constructed by Jeff Maxwell Construction Co.
of Iowa City.
I hereby recommend that the above -referenced improvements be
accepted by the City of Iowa City.
R7ectfaully submitted, �
I'
S
Frank K. Farmer, P.E.
City Engineer
57
_1
RESOLUTION N0. 88-120
RESOLUTION ACCEPTING THE WORK FOR
STORM SEWER AND PAVING IMPROVEMENTS FOR ROCHESTER PLACE
WHEREAS, the Engineering Division has certified that the following
improvements have been completed in accordance with the plans and specifications
of the City of Iowa City:
Storm sewer improvements that include four catch basin area intakes,
365 feet of 8 -inch PVC, 421 feet of 12 -inch RCP, 268 feet of 15 -inch
I RCP, 95 feet of 18 -inch RCP, 287 feet of 21 -inch RCP, two aprons and
six stormwater manholes for Rochester Place, as constructed by Jeff
Maxwell Construction Company of Iowa City, Iowa.
Concrete paving of Rita Lyn Place and two storm sewer inlets in Rochester
Place, as constructed by Metro Pavers, Inc. of Iowa City, Iowa.
AND WHEREAS, maintenance bonds have been filed in the City Clerk's office,
NOW THEREFORE BE IT RESOLVED by the City Council of Iowa City, Iowa, that
said improvements be accepted by the City of Iowa City.
It was moved by Courtney and seconded by Dickson
that the resolution as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X AMBRISCO
X COURTNEY
X DICKSON
X
_ HOROWITZ
X LARSON
X McDONALD
X STRAIT
i
Passed and approved this 14th day of June, 1988.
i
MAYOR
ATTEST:ow.a�J
C Y CLERK
FOAM
LEGAL DEPARTMENT
0
9
`yl
�Y
CITY OF IOWA CITY
CHIC CENfER 410 E. WASHINGTON ST. IOWA CITY, IOWA 52240 (319) 356-5000
ENGINEER'S REPORT
June 8, 1988
Honorable Mayor and City Council
Iowa City, Iowa
Dear Honorable Mayor and Councilpersons:
I hereby certify that the construction of the improvements listed
below has'been completed in substantial accordance with the plans
and specifications of the Engineering Division of the City of
Iowa City. The required maintenance bond is on file in the City
Clerk's office.
Concrete paving of Rita Lyn Place and two storm sewer
inlets in Rochester Place as constructed by Metro
Pavers,Inc. of Iowa City, Iowa.
Storm sewer improvements including four catch basin area
intakes, 365 feet of 8 -inch PVC, 421 feet of 12 -inch RCP,
268 feet of 15 -inch RCP, 95 feet of 18 -inch RCP, 287 feet of
21 -inch RCP, 2 aprons, and 6 storm water manholes for
Rochester Place as constructed by Jeff Maxwell Construction
Co., of Iowa City, Iowa.
I hereby recommend that the above -referenced improvements be
accepted by the City of Iowa City.
R ectfu11 submitted,
Frank K. Farmer, P.E.
City Engineer
6
RESOLUTION NO. 88-121
RESOLUTION ACCEPTING THE WORK FOR
STORM SEWER AND PAVING IMPROVEMENTS FOR BOYRUM SUBDIVISION PART 3
WHEREAS, the Engineering Division has certified that the following
improvements have been completed in accordance with the plans and specifications
of the City of Iowa City:
Storm sewer improvements that include 182 feet of 12 -inch diameter RCP,
386 feet of 36 -inch diameter RCP with two aprons and one junction box,
for Boyrum Subdivision, Part 3, as constructed by Jeff Maxwell
Construction Company of Iowa City, Iowa.
Concrete paving of Boyrum Street and two storm sewer inlets in Boyrum
Subdivision, Part 3 as constructed by Metro Pavers, Inc. of Iowa City, Iowa.
AND WHEREAS, maintenance bonds have been filed in the City Clerk's office,
NOW THEREFORE BE IT RESOLVED by the City Council of Iowa City, Iowa, that
said improvements be accepted by the City of Iowa City.
It was moved by Courtney and seconded by Dickson
that the resolution as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X AMBRISCO
X COURTNEY
X DICKSON
X HOROWITZ
X LARSON
X McDONALD
X STRAIT
Passed and approved this 14th day of June, 1988.
ATTEST;—A win J �I. �GtJ
CITY CLERK
It
t T R.M G/q/%�
LEGAL DEPARTMENT
It z A � &-ex
MAYOR
S39
6
CITY OF IOWA CITY
CIVIC CENTER 410 E. WASHINGTON ST. IOWA CITY, IOWA 52240 (319) 356-5010
ENGINEER'S REPORT
June 8, 1988
Honorable Mayor and City Council
Iowa City, Iowa
Dear Honorable Mayor and Councilpersons:
I hereby certify that the construction of the improvements listed
below has been completed in substantial accordance with the plans
and specifications of the Engineering Division of the City of
Iowa City. The required maintenance bond is on file in the City
Clerk's office.
Concrete paving of Boyrum Street and two storm sewer inlets
in Boyrum Subdivision, Part 3 as constructed by Metro
Pavers, Inc. of Iowa City, Iowa.
Storm sewer improvements that include 182 feet of 12 -inch
diameter RCP, 386 feet of 36 -inch diameter RCP, with 2
aprons and one junction box for Boyrum Subdivision, Part 3
as constructed by Jeff Maxwell Construction Co., of Iowa
City, Iowa.
I hereby recommend that the above -referenced improvements be
accepted by the City of Iowa City.
M='
Frank K. Farmer, P.E.
City Engineer
VA
0
;CJS
U
RESOLUTION NO. 68_122
RESOLUTION SETTING PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF
CONTRACT AND ESTIMATE OF COST FOR THE CONSTRUCTION OF
FY89 LANDFILL EXCAVATION PROJECT
DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING
CITY ENGINEER TO PLACE SAID PLANS, ETC., ON FILE FOR PUBLIC INSPECTION
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA:
1. That a public hearing on the plans, specifications, form of contract, and
estimate of cost for the construction of the above-named project is to be held on
the 28th day of June, 1988, at 7:00 p.m. in the Council Chambers, Civic Center,
Iowa City, Iowa.
2. That the City Clerk is hereby authorized and directed to publish notice
of the public hearing for the construction of the above-named project in a
newspaper published at least once weekly and having a general circulation in the
city, not less than four (4) nor more than twenty (20) days before said hearing.
3. That the plans, specifications, form of contract and estimate of cost for
the construction of the above-named project are hereby ordered placed on file by
the City Engineer in the office of the City Clerk for public inspection.
It was moved by Courtneyd ' and seconded by Dickson i
that the resolution as reabe adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X AMBRISCO
X COURTNEY
X DICKSON
X HOROWITZ
i
X LARSON j
X McDONALD
X STRAIT
Passed and approved this 14th day of June, 1988.
/MAYOR
ATTEST:atii..J
ITY� CLERK
TO FORM
LEGAL DEPARTMENT
8�
I
RESOLUTION NO.
RESOLUTION ADOPTING REASONS FOR DISAPPROVAL OF THE PRELIMINARY PLAT
OF IDYLLWILD SUBDIVISION.
THE CITY COUNCIL HEREBY FINDS THAT:
1. Jimlasgow Construction Company has applied for approval of a prelimi-
nary i at of a residential subdivision to be known as Idyllwild Subdivi-
sion.
2. The propose%subdivision, located /.0
8 ac a parcel situated between
Foster Road d Taft Speedway, wubu ue Street, is within the
100 -year floodo•ain of the Iowa Ri
3. Taft Speedway is p esently not deurban standards (i.e., it is
not paved with
co
to curb and nd, in places, the roadway is
as much as two feet low the levfeet above sea level) of the
100 -year flood.
4. Section 11-10(a)(10) of the Ciodplain management ordinance
(Chapter 11 of the Iowa Ci Codnances) provides, among other
things, that "Subdivision pr o ols intended for residential development
shall provide all lots with a eans a vehicular access that will remain
passable during occurrence of t e 100 -year flood."
5. The Floodplain Managements� rdinan a does not define the term "passable,"
but the City's design �ttandards or public works improvements allows
ponding of water on sttyeet only up t one foot in depth.
6. Based on the Public Works' design st dards, the Council finds that a
vehicular access ill not remain passabl if water on that access is more
than one foot a p.
7. Lots 2 through 9 shown on the preliminary plat of the subdivision have
street acre 4 only onto Taft Speedway and, because the current elevation
of portion g of that street is more than one foot below the level of a
100-year/flood, such lots would not have a means of vehicular access that
will remain passable during occurrence of the 100 -year flood.
8. Becau�e of the lots which would not have passable vehicular access at all
tiT�s, the City Council finds that the plat violates the provisions of
Section 11-10(a)(10) of the Iowa City Code of Ordinances.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA:
That the City Council's May 17, 1988, vote (0 for and 7 against) to reject
the preliminary plat of Idyllwild Subdivision was based upon the foregoing
findings.
6
i
Resolution No.
Page 2
It was moved by
and
seconded by
the Resolution be adopted,
and upon roll
call
there were:
AYES:
NAYS:
ABSENT:
Ambrisco
Courtney
Dic-son
Horowitz
/::::Larson
/ McDonald
/ Strait
Passed and approved this
day of
1988.
i
AYORR
Approved as to Form
ATTEST:
CITY CLERK
/
Eega4 Department
CLEMENSERDAHL
c4ttowzy o4t -faw
P.O. BOX 720 - SUITE 311
IOWA STATE BANK BUILDING
IOWA CITY, IOWA 52244
June 13, 1988 (315)338-01113
Mayor John McDonald and a D
City Council Members
City of Iowa City JUN 13 1988
Civic Center
Iowa City, Iowa 52240
MARIAN K. KARR
Re: Idyllwild on the water CITY CLERK (3)
Dear Mayor McDonald and Councilors:
Once again I am writing to each of you directly concerning the
Idyllwild Subdivision. It is my understanding that, even though the
revised preliminary plat was not filed in time to be considered at
the Planning and Zoning Commission work session, the revised
preliminary plat will be considered along with the final plat at the
Planning and Zoning formal meeting on Thursday, June 16. I must say
it appears to my clients that this process is being rushed because of
the recent filing of a lawsuit.
We would consider it most unfortunate if this particular plat is
hastily approved without proper consideration of very important
problems relating to health, safety, and welfare,pwQ44e"en The
Council still has not yet received comprehensive reports concerning
traffic and flooding hazards. The questions of access and secondary
emergency egress have not been properly addressed. Since the
developer has waived the statutory deadline for his own benefit, I
believe that the Council can and should take the time necessary to
reasonably examine this subdivision.
Nothing that my clients or I say should be taken as evidence,
however, we would like the staff to examine certain situations and
determine whether the facts present the problems we believe exist.
We request that the Council direct staff to determine the answers to
the questions raised below and report to the Planning and Zoning
Commission by Thursday, June 16, concerning the following:
Street Superintendent:
1. How often has Taft Speedway been under water (and how deep and
for how long) during the past ten years?
2. Will the City be able to maintain proposed Calibria Court and
Taft Speedway at a reasonable cost based on past experience in that
area and in other similar areas?
1
- 2 -
3. Has the developer made the improvements promised when the permit
to fill was granted?
Engineering:
I. Has an hydraulics engineer provided answers to those matters
which Ed Brinton had not yet examined or indicated he had not been
able to answer in his previous memorandum?
2. Specificity is crucial to determine the validity of statements
made by staff at various meetings and the graphics shown on the
Preliminary Plat. At the intersection of Calibria Court and Taft
Speedway there is a note: "Existing Manhole FE 639.27". Engineering
records appear to indicate the manhole is 648.2 feet, yet there is a
contour line labeled 11650" surrounding the symbol. In addition, the
manhole appears at least 12" higher than the surrounding land. What
is the existing grade at this intersection and what is the proposed
grade?
3. Special attention must be given to that part of the Preliminary
Plat where the "storm water management drainage pipe" crosses Taft
Speedway, the existing sanitary sewer, the 12" water main, natural
gas lines and underground telephone lines. It is assumed that the
city will install a storm water sewer that must also be considered.
The specific level at which the "storm water management drainage
pipe" empties into the river must be the starting point. What is the
height of these pipes going to be where they pass under Taft
Speedway?
Planning Department:
1. Shouldn't Lots 2 through 9 be completely eliminated until the
property is resubdivided as opposed to allowing an option where they
can be developed if Taft Speedway is improved to City standards?
2. Doesn't the question of whether the roads will remain passable
during the 100 year flood generate a Council decision relating to
compliance with the floodplain Management Ordinance that goes beyond
Design Standards for Public Improvements relating to Storm Sewers?
3. Can the traffic study as requested by the Council be completed
by the June 28 meeting?
Legal Department:
1. Isn't it the responsibility of the City and not the homeowners
to bring the grade of Taft Speedway to the level of the existing
manhole cover?
2. Is the Reed case in Connecticut, which was cited by staff to
Planning and Zoning Commission as presenting a similar situation to
Taft Speedway final or pending on appeal?
�YJaW nv
- 3 -
3. Is Taft Speedway an abutting road or an integral part of the
circulation pattern of the new subdivision?
p{
4. Do the City and the existing property owners have to help pay
the costs of the unnamed right of way which the developer has called
{
Calibria Court when the only reason to pave this 20 ft. rock roadway
is that 10 lots from the subdivision will front on it?
5. Why shouldn't the cost of improving Taft Speedway and Calibria
Court be considered as reasonably attributable to the new subdivision
and taxed as costs internal and integral to this subdivision and not
be treated as abutting streets?
Several weeks ago I wrote the City Manager concerning the
failure of the developer to improve and repair roads as part of the
permit to fill. To date, the promised asphalt does not appear to
have been provided. The filling process continues to be a nuisance
to my clients. It is our understanding that the permit was granted
subject to road improvement and maintenance.
The neighbors are very concerned about future compliance with
1
regulations if in fact there has been a failure to comply with the
I
present permit. We would hope that the Council will have the City
Manager assess the question of past compliance by this developer.
The Council has a basic duty to gain the answers to appropriate
questions concerning development which could create costs to the
city, present homeowners and future homeowners. You are entitled to
take the appropriate time where the developer has waived time limits
for his own benefit.
Sincerely,
i
Clemens Erdahl
CE:ba
�YJaW nv
■
Mr. Tom Scott, Chairman
Planning and Zoning Commission
City of Iowa City
410 East Washington Street
Iowa City, Iowa 52240
Re: Idyllwild on the Water
Final Subdivision Plat
S-8818
Dear Mr. Scott:
I am writing this letter on behalf of Jim Glasgow
Construction Company, the subdivider of Idyllwild on the Water.
This letter is a waiver of the 45 -day limitation period until
July 22, 1988, for Planning and Zoning purposes and a waiver of
the 60 -day limitation period until August 10, 1988, for City
Council purposes.
We are requesting a deferral in order to explore and
investigate new platting alternatives. I would request that
this letter be part of the record. Thank you for your
consideration.
Very truly yours,
ames Houghton
JDH/tcw
cc: Jim Glasgow Construction Company
Larry Schnittjer
Richard J. Boyle
Barry T. Beagle
04/15-04-99
DIEM
JUN 131988
MARIAN K. KARR
CITY CLERK (3)
M
BARKER, CRUISE, KENNEDY, HOUGHTON & FOSTER
LAWYERS
810 S. GUSVOUE ETRW • P.O. b%1000
CHAKLES A MARKER
JOHN 0. CRUISE
IOWA CITY. IOWA Ana CODE m•
MICHAEL W. KENNEDY
722" TELEPHONE 354/101
JA110 D. HOUGHTON
DAVIS L POST9R
June 13, 1988
V1OW IL NA/1RISON
Mr. Tom Scott, Chairman
Planning and Zoning Commission
City of Iowa City
410 East Washington Street
Iowa City, Iowa 52240
Re: Idyllwild on the Water
Final Subdivision Plat
S-8818
Dear Mr. Scott:
I am writing this letter on behalf of Jim Glasgow
Construction Company, the subdivider of Idyllwild on the Water.
This letter is a waiver of the 45 -day limitation period until
July 22, 1988, for Planning and Zoning purposes and a waiver of
the 60 -day limitation period until August 10, 1988, for City
Council purposes.
We are requesting a deferral in order to explore and
investigate new platting alternatives. I would request that
this letter be part of the record. Thank you for your
consideration.
Very truly yours,
ames Houghton
JDH/tcw
cc: Jim Glasgow Construction Company
Larry Schnittjer
Richard J. Boyle
Barry T. Beagle
04/15-04-99
DIEM
JUN 131988
MARIAN K. KARR
CITY CLERK (3)
M
' City of Iowa City
MEMORANDUM _
Date: Juane 13, 1988
1b: Honorable Mayor and City Council Members
Fran: Richard J. Hoyle, First Assistant City Attorney��/n�
Nl
�
Re: Idyllwild Subdivision
Y
i
mm interrelated things:
1. By letter addressed to the Chair of the Planning and Zoning Connis-
sion, Developer's attorneys have submitted a written, date certain,
waiver of the 45 and 60 day limitation periods for consideration of
the final plat. The waiver is as follows:
45 day limitation for P&Z action - to July 22, 1988.
60 day limitation for Council action - to August 10, 1988.
'lhe letter states, "We are requesting a deferral in order to explore
and investigate new platting alternatives.',
2. Before Council rejected the preliminary plat, the developer had filed
a final plat which apparently was in substantial crnQlianoe with the
preliminary plat. City subdivision regulations require preliminary
plats, but the State subdivision laws (Iowa Code Ch. 409) do not.
The City regulations also provide that final plats which do not
deviate from approved preliminary plats must be approved. Althorn
not spelled out, the ixplication is clear that a final plat which
does not conform with an approved preliminary plat may be rejected.
The Idyllwild Subdivision preliminary plat was rejected because of
noncompliance with the Floodplain Management regulations. If staff
had caught the problem in its review, that nonconpliance would
normally have been treated as a correctible deficiency. Assuming no
other legally defensible objections are raised, since the developer
has revised its proposed final plat to correct that deficiency, the
City is faced with a final plat which appears to meet all of its
requirements except that the preliminary plat was rejected for a
problem which has been corrected. If you approve the corrected or
revised final plat, you will be acting contrary to the City's
subdivision regulations. On the other ham, if you reject it, a
I
I
r
9
r ID
oaIIt probably would not accept failure to have an approved prelimi-
nary plat as a legitimate basis for rejecting this final plat.
Zb avoid that conundrum, it is strongly suggested that you reconsider your
outright rejection of the preliminary plat and send it back to p&Z for
review conwrrently with the final plat. Zhe developer's waiver allows
time for that. If you agree, it is suggested that action be done by a
motion as follows:
I rove that the Council reconsider its action of May 17, 1988,
rejecting t the preliminary plat of Idyllwild Subdivision, and
preliminary plat back to the planning & Zoning
Wmdssicn for action concurrently with action on the final plat
of that subdivision.
If this motion is adopted, council need not take action on the proposed
resolution stating reasons for disapproval of the preliminary plat.
bcl
12
0 S%
RESOLUTION NO. 88-124_
RESOLUTION ADOPTING REASONS FOR DISAPPROVAL OF THE PRELII4INARY PLAT
OF NOTTINGHAM PLACE SUBDIVISION.
BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA:
A. Based upon the record before the Planning and Zoning Commission and this
body the City Council hereby finds that:
1. Merlin Ham applied for approval of a preliminary plat of Nottingham
Place, a 29 lot single-family subdivision.
2. The proposed subdivision is located in an area in northern Iowa City,
north of Whiting Avenue, west of Shimek School, and northeast of an
area which includes Ridge Road, Virginia Drive and Ridgewood Lane.
3. The site is heavily wooded, and the topography ranges from moderately
sloping (5-9% grade) to very steep (25-40%) with a large part of the
site being in the steep (18-25%) to very steep (25-40%) range.
4. The preliminary plat shows the sole means of vehicular access to the
proposed subdivision is from Whiting Avenue via an extension of
Wildwood Drive, a platted, but currently unimproved street. The plat
also shows Wildwood Drive extending through to the northern boundary
of the tract to provide a link to Foster Road at such time as Foster
Road is extended easterly from Dubuque Street.
5. Ridge Road, which presently provides the most direct link between the
proposed subdivision and the center of the City, is a narrow, winding
road with 19 foot wide paving. There are no sidewalks along Ridge
Road and almost no area which could be used for widening the street
or adding sidewalks. As evidenced by marks on the guard rails along
the road, and based upon uncontroverted testimony of persons living
in the area, there are numerous and frequent accidents on Ridge Road,
most of which result from drivers' inability to negotiate the diffi-
cult terrain.
6. Whiting Avenue which extends only from RidgeRoad to its intersection
with Whiting Avenue Court, is a local street. The other outlet from
Whiting Avenue is Kimball Road, which also is a winding street with
narrow paving.
7. Evidence presented by Dr. Richard V. Bovbjerg, Professor of Biology
at the University of Iowa, noted that the area is heavily erodable;
has topsoil up to one foot thick on hill tops and only about four
inches thick on the hillsides, which is quite thin compared to prai-
rie soils; the forest is stable - no bad erosion, even on 400 slopes,
because surface runoff is slow since it is absorbed by leaves,
branches, logs (i.e., forest floor humus); and all plants absorb
water, so most rainwater and other runoff never reaches the brook at
the bottom of the ravine. This is an environmentally sensitive area
as defined in Addendum 1 to the City's 1983 Comprehensive Plan Up-
date.
NO
Resolution No. 88-124
Page 2
8. In order to construct Wildwood Street to meet the maximum grade
allowed for City streets (12%) it would be necessary to move very
large amounts of dirt to construct a berm which in places would be
more than 25 feet above existing ground levels. The settlement which
will naturally occur on this extensive fill may cause the street
built on it to crack, thereby causing above -normal maintenance costs
to the City.
9. The latest traffic count for the streets, done in 1985, showed that
approximately 400 vehicles per day pass immediately west of the
Grissel Place/Whiting Avenue intersection. Based upon national
figures for traffic generated by single-family residences, the pro-
posed development could add 290 trips per day.
10. The neighboring streets, i.e., Ridge Road and Whiting Avenue as well
as Whiting Avenue Court and Kimball Avenue, are not adequate to
handle the increased traffic which would be generated by the occu-
pants of the proposed subdivision, let alone the traffic which would
be generated by the connection to Foster Road.
11. Development of the area in question should occur, if at all, at some
time in the future. Development at this time is premature.
B. The City Council vote (0 for and 7 against) on May 17, 1988, to reject a
resolution of approval of the preliminary plat of Nottingham Place was
based upon the findings set forth above.
It was moved by Strait and seconded by
the Resolution be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
Larson
X Ambrisco
---I— Courtney
X Dickson
Horowitz
�— Larson
X McDonald
'7- Strait
Passed and approved this 14th day of June 1988.
OR
Approved as to Form
ATTEST:
CITY CLERK Leg6l Depart e t
M
RESOLUTION NO.
RESOLUTION APPROVING THE FINAL PLAT OF SOUTHWEST ESTATES SUBDIVI-
SION, PART THREE, A SUBDIVISION OF IOWA CITY, JOHNSON COUNTY, IOWA.
WHEREAS, the owners, Seville Corporation, an Iowa Corporation, and Carl M.
Malmberg Estate, and Mary M. Malmberg, widow of Carl M. Malmberg, have filed
with the City Clerk of Iowa City, Iowa, an application for approval of the
final plat of Southwest Estates Subdivision, Part Three, a subdivision of
Iowa City in Johnson County, Iowa, which is legally described as follows:
Commencing at a Concrete Monument which marks the Southeast Corner
of the Southeast Quarter of Section 13, Township 79 North, Range 7
West of the Fifth Principal Meridian; Thence N00053'42"E, 417.00
feet along the East Line of the Southeast Quarter of said Section 13
to the Southeasterly Corner of Lot i of said Southwest Estates
Subdivision, Part One and the Point of Beginning; Thence South-
westerly 155.20 feet along the Northerly Right -of -Way Line of Rohret
Road, on a 1950.00 foot radius curve, concave Southeasterly, whose
155.16 foot chord bears S70034'38"W; Thence S68017'49"W, 69.03 feet
on said Right -of -Way Line; Thence Northwesterly 23.56 feet on a
15.00 foot radius curve, concave Northeasterly whose 21.21 foot
chord bears N66042'11'W; Thence N21042'11"W, 276.67 feet along the
Easterly Right -of -Way Line of Phoenix Drive; Thence Northwesterly
204.63 feet along said Right -of -Way Line on a 518.82 foot radius
curve, concave Northeasterly, whose 203.30 foot chord bears
NI0o24'15"W; Thence N00053'42"E, 172.49 feet on said Right -of -Way
Line; Thence Northwesterly 442.05 feet along said Right -of -Way Line
on a 680.00 foot radius curve, concave Southwesterly, whose 415.31
foot chord bears N16053'09"W, to the Southwesterly Corner of South-
west Estates Subdivision, Part Four; Thence N55020100"E, 16Td.52 feet
along the Southerly Line of said Part Four; Thence N77 32129"E,
177.20 feet along the Southerly Line of said Part Four; Thence
S89006118"E, 197.22 feet along the Southerly Line of said Part Four
to a Point on the East Line of the Southeast Quarter of said Section
13; Thence SO0053142"W, 1085.88 feet along said East Line to a Point
on the Northerly Right -of -Way Line of Rohret Road and the Point of
Beginning. Said tract of land contains 9.620 acres, more or less,
and is subject to easements and restrictions of record.
WHEREAS, the proposed development is out -of -sequence with the growth manage-
ment policy of the 1983 Comprehensive Plan Update; and
WHEREAS, the off-site costs associated with the development must be incurred
by the developer and are recoverable according to the procedure adopted by
the Council which allows for collection of fees to repay developers for costs
incurred in installing off-site public improvements needed to support out -
of -sequence development; and
WHEREAS, the Department of Planning and Program Development and the Public
Works Department have examined the proposed final plat and have recommended
approval of same; and
Jp
4
4�d.,fe
RESOLUTION NO. _
RESOLUTION APPROVING THE FINAL PLAT OF SOUTHWEST ESTATES SUBDIVI-
SION, PART FOUR, A SUBDIVISION OF IOWA CITY, JOHNSON COUNTY, IOWA.
WHEREAS, the owners, Seville Corporation, an Iowa Corporation, and Carl M.
Malmberg Estate, and Mary M. Malmberg, widow of Carl M. Malmberg, have filed
with the City Clerk of Iowa City, Iowa, an application for approval of the
final plat of Southwest Estates Subdivision, Part Four, a subdivision of Iowa
City in Johnson County, Iowa, which is legally described as follows:
Commencing at a Concrete Monument which marks the Southeast Corner
of the Southeast Quarter of Section 13, Township 79 North, Range 7
Wast of the Fifth Principal Meridian; Thence NOOo53'42"E, 1502.88
feet, along the East Line of the Southeast Quarter of said Section
13, to the Point of Beginning; Thence continuing N00053'42"E,
1137.60 feet, along said East Line to a Concrete Monument which
marks the Northeast Corner of the Southeast Quarter of said Section
13; Thence S89040'15"W, 401.14 feet, along the North Line of the
I Southeast Quarter of said Section 13; Thence S10o12'36"W, 366.87
feet; Thence Southeasterly 13.59 feet along a 244.48 foot radius
curve, concave Southwesterly, whose 13.59 foot chord bears
S78011'49"E; Thence S13023145"W, 130.00 feet; Thence S76036'15"E,
84.60 feet; Thence S50059'34"E, 98.66 feet; Thence SOOo53'42"W,
213.70 feet; Thence S44o00'02"W, 95.00 feet; Thence S77o32'29"W,
160.91 feet; Thence S54041115"W, 164.18 feet; Thence S30046'14"W,
95.00 feet to a Point on the Easterly Right -of -Way Line of Phoenix
Drive; Thence Southeasterly 291.52 feet along said Right -of -Way Line
on a 680.00 foot radius curve, concave Southwesterly, whose 289.29
foot chord bears S46056153"E, to the Northwesterly Corner of South-
west Estates Subdivision, Part Three; Thence N55020'00"E, 162.52
feet along the Northerly Line of said Part Three; Thence
N77032'29"E, 177.20 feet along the Northerly Line of said Part
Three; Thence S89006'18"E, 197.22 feet along the Northerly Line of
said Part Three to the Point of Beginning. Said tract of land
contains 12.242 acres, more or less and is subject to easements and
restrictions of record.
WHEREAS, the proposed development is out -of -sequence with the growth manage-
ment policy of the 1983 Comprehensive Plan Update; and
WHEREAS, the off-site costs associated with the development must be incurred
by the developer and are recoverable according to the procedure adopted by
the Council which allows for collection of fees to repay developers for costs
incurred in installing off-site public improvements needed to support
out -of -sequence development; and
WHEREAS, the Department of Planning and Program Development and the Public
Works Department have examined the proposed final plat and have reconnended
approval of same; and
NIM
I
a
WHEREAS, the final plat has been examined by the Planning and Zoning Commis-
sion and after due deliberation the Commission has recommended that it be
accepted and approved; and
WHEREAS, the final plat is found to conform with all of the requirements of
the City Ordinances 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 final plat of Southwest Estates Subdivision, Part Three is
hereby approved.
2. That the Mayor and City Clerk of the City of Iowa City, are hereby au-
thorized and directed to execute any legal documents relating to said
subdivision and to certify the approval of this resolution, which shall
be affixed to the final plat after passage and approval by law.
It was moved by
and seconded by the
Resolution be adopted, and upon ro call there were:
AYES: NAYS: ABSENT:
AMBRISCO
COURTNEY
DICKSON
HOROWITZ
LARSON
MCDONALD
STRAIT
Passed and approved this day of ___
1988.
I
Approved as to Form
ATTEST: LE69L DEpAKIMCNI
I S�/
9
2
WHEREAS, the final plat has been examined by the Planning and Zoning Commis-
sion and after due deliberation the Commission has recommended that it be
accepted and approved; and
WHEREAS, the final plat is found to conform with all of the requirements of
the City Ordinances of the City of Iowa City, Iowa.
i NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
j 1. That the final plat of Southwest Estates Subdivision, Part Four is hereby
approved.
2. That the Mayor and City Clerk of the City of Iowa City, are hereby au-
thorized and directed to execute any legal documents relating to said
subdivision and to certify the approval of this resolution, which shall
be affixed to the final plat after passage and approval by law.
It was moved by and seconded by the
Resolution be adopted, and upon roTr call there were:
AYES: NAYS: ABSENT:
AMBRISCO
COURTNEY
_ DICKSON
_ HOROWITZ
_ LARSON
MCDONALD
STRAIT
Passed and approved this day of 1988.
MAYOR
Approved as to Form
ATTEST: 0 //-
CITY CLERK
LEUAL N
BARKER, CRUISE, KENNEDY, HOUGHTON 8, FOSTER
LAWYERS
CHARLES A BARKER
920 S. DUBUQUE STREET - P. O. BOX 2000
JOHN D. CRUISE
IOWA CITY, IOWA AREA CODE 019
i
$2244 TELEPHONE 35I.9ISI
JAMES D. HOUGHTON
DAVIS L FOSTER
VICKI S. HARRISON
`I
i
BARKER, CRUISE, KENNEDY, HOUGHTON 8, FOSTER
LAWYERS
CHARLES A BARKER
920 S. DUBUQUE STREET - P. O. BOX 2000
JOHN D. CRUISE
IOWA CITY, IOWA AREA CODE 019
MICHAEL W. KENNEDY
$2244 TELEPHONE 35I.9ISI
JAMES D. HOUGHTON
DAVIS L FOSTER
VICKI S. HARRISON
June 14, 1988
Mr. Stephen Atkins
City of Iowa City
410 East Washington Street
Iowa City, Iowa 52240
RE: Southwest Estates Subdivisions,
Parts Three and Four,
Application S-8814
Dear Mr. Atkins:
On behalf of the developer of Southwest Estates Subdi-
visions, Parts Three and Four, we are requesting a deferral of
council action on the final plats for the two subdivisions. We
are requesting an extension until June 29, 1988 so that the
Council may act on these two subdivisions at its regular
meeting on June 28, 1988. The reason for the request for
deferral is that all the legal papers have not yet been execut-
ed.
Thank you for your consideration.
JDC/nrl
cc: Seville Corporation
Donald Schmeiser
Monica Moen
08/1-06-134
Very trulyyours, /
n D. Cruise
oaff�
JUN i 41988
MARIAN K. KARR
CITY CLERK (3)
I
RESOLUTION NO. 88-125
RESOLUTION APPROVING THE AMENDED PRELIMINARY LARGE SCALE NON-RESIDENTIAL
DEVELOPMENT PLAN FOR AN ADDITION TO SYCAMORE MALL.
WHEREAS, the owner, JMB Realty Trust, has filed with the City Clerk of the
City of Iowa City, Iowa, an application for approval of the amended pre-
liminary Large Scale Non -Residential Development plan for an addition to
Sycamore Mall; and
WHEREAS, the Department of Planning and Program Development and the Public
Works Department have examined the proposed amended preliminary plan and
have recommended approval of same; and
WHEREAS, the amended preliminary plan has been examined by the Planning
and Zoning Commission and after due deliberation the Commission has recom-
mended that it be accepted and approved; and
WHEREAS, the amended preliminary plan is found to conform with all of the
requirements of the ordinances 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 amended preliminary Large Scale Non -Residential Development
plan for an addition to Sycamore Mall is hereby approved.
2. That the City Clerk of the City of Iowa City, Iowa, is hereby author-
ized and directed to certify the approval of this resolution and of
the amended preliminary Large Scale Non -Residential Development plan
for an addition to Sycamore Mall after passage and approval by law.
It was moved by Horowitz and seconded by Ambrisco
the Resolution be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X AMBRISCO
X COURTNEY
X DICKSON
X HOROWITZ
X LARSON
X MCDONALD
X STRAIT
Passed and approved this 14th day of June 1988.
Approved as to Form
ATTEST: Zo , '{' le'j cw
C" ITY CLERK LELAUDEPARTMENT T—
M
FORMAL MEETING
PLANNING & ZONING COMMISSION
MONDAY, JUNE 13, 1988 - 10:35 P.M.
SENIOR CENTER CLASSROOM
MEMBERS PRESENT: Clark, Cook, Cooper, Dierks
MEMBERS ABSENT: Hebert, Scott, Wallace
STAFF PRESENT: Beagle, Boyle, Moen, Kritz
RECOMMENDATION TO CITY COUNCIL:
Moved by Cook and seconded by Cooper that, due to
1) the unique economic development opportunity of this proposal,
2) the recent Planning and Zoning Commission recess which caused
scheduling delays, and
3) the imperatives of the site and of the proposed expansion,
the Planning and Zoning Commission recommends approval of the proposed
expansion of Sycamore Mall in accordance with the Amended Preliminary
Large Scale Non -Residential Development plan for an addition to Sycamore
Mall provided and subject to resolution of outstanding plan deficiencies.
i
In addition, it is the expressed wish of the Planning and Zoning Commis- j
sion not to set a precedent with this special meeting.
The motion was approved by a vote of 4-0.
86.3
r
1"/
i JMB • 444 N. WABASH AVENUE SUITE 200 CHICAGO, ILLINOIS 60611.3538 WRITERS DIRECT LINE 312.222 -
May 23, 1988
Mr. Tom Scott
Chairperson
Planning & Zoning Commission
City of Iowa City
Civic Center
410 E. Washington St.
Iowa City IA 52240
RE: EXPANSION OF SYCAMORE MALL
IOWA CITY, IA
Dear Mr. Scott:
We are the owner of Sycamore Mall, Iowa City, Iowa and desire to
enlarge the building area to accommodate the expansion of the
Petersen, Harned, Von Maur department store.
Due in part to our great haste to expedite this project and insure
a new Petersen's store for the fall retailing season we neglected
to follow the procedures outlined in your zoning ordinance re-
lative to application and approvals. We sincerely apologize for
this oversight, and in an effort to mitigate time lost on our
schedule, respectfully request a special meeting of the
Planning & Zoning Commission for the week of June 6 to act on our
application.
We believe our plans are in keeping with the development goals
set in the ordinance and will enhance the retail productivity of
the merchants of Sycamore Mall. More importantly, the community
will be afforded a more diverse and updated selection of goods
and services with this expansion.
Thank you for your very careful consideration of our request.
Sincerely,
JMB REALTY TRUST
An Illinois Common Law Trust
by: JMB roper ,, nagement Company, Agent
' �S2J:, 1111
ar an Flom'
�LL
Mana'er, Architectural Services
MAF/ell MAY 2 A 198
cc: File Al.l MARIAN K. KARR
CITY CLERK (3)
8(03
6
STAFF REPORT
To: Planning & Zoning Commission
Item: S-8822. Sycamore Mall Expansion
GENERAL INFORMATION:
Applicant:
Requested action:
Purpose:
Location:
Site size:
Existing land use and zoning:
Surrounding land use and zoning:
Comprehensive Plan:
File date:
45 -day limitation period:
SPECIAL INFORMATION:
Public utilities:
Public services:
Transportation:
Prepared by: Monica Moen
Date: June 16, 1988
JMB Property Management Company
444 N. Wabash - Suite 200
Chicago, Illinois 60611-3538
Contact: Mark Flom
Phone: (312) 222-5430
Approval of an amended prelimi-
nary and final LSNRD plan for
an addition to Sycamore Mall.
To permit expansion of the
existing facility.
North of Highway 6 and east of
Sycamore Street.
Approximately 15.7 acres±.
Commercial; CC -2.
North - Single-family residen-
tial; RS -5.
East - Utility company, Commer-
cial; I-1, CC -2.
South - U.S. Highway 6 right-
-of-way, Single-family
residential; RS -12.
West - Single-family residen-
tial; RS -5.
General Commercial.
May 24, 1988.
July 8, 1988.
The site is served by munici-
pal water and sewage disposal
systems.
Police and fire protection are
available. A private hauler
provides solid waste disposal.
The site is accessible via U.S.
Highway 6 by means of Sycamore
Street and First Avenue and
Lower Muscatine Road.
N
Physical characteristics:
The topography of the site is
flat to gently sloping.
ANALYSIS:
JMB Property Management Company proposes to expand its existing facility,
Sycamore Mall. The applicant is seeking preliminary and final Large Scale
Non -Residential Development (LSNRD) plan approval of an amended LSNRD plan
that reflects the proposal to add a single story, 6,557 square foot
addition on the southern portion of the complex. This addition is to
accommodate expansion plans of the retailer, Petersen, Harned, Von Maur.
A public entrance to this store is planned on the east side of the
addition. The amended final LSNRD plan would be approved administratively
subsequent to Council approval of the amended preliminary plan.
Dimensional Requirements: The proposed 68.66 foot by 95.50 foot expansion
to the existing building complies with the dimensional requirements of the
CC -2, Community Commercial, zone.
Parking Requirements: The development site plan notes that 1,381 off-
street parking spaces are available on the Sycamore Mall site. Based upon
a recent inventory of existing parking, Sycamore Mall represents that
1,411 parking spaces are available on the site. These differences need to
be reconciled and the correct number of off-street parking spaces should
be noted on the plan.
In early 1986, at the request of Sycamore Mall, staff completed an
assessment of the parking requirements for the mail. Based upon informa-
tion provided by mall property management personnel regarding tenants
occupying the mall and an assumption that any vacant areas would be
occupied by retail uses, it was determined that 1,118 parking spaces were
required. This figure included the spaces needed for Sears, Randall's and
the former Mobil station patrons.
Although tenants have changed within the mall since 1986, the uses
occupying the building remain essentially the same and no building
expansions have occurred. In fact, the former Mobil station on the site
has been razed. Therefore, 293 excess off-street parking spaces (1,411
spaces - 1,118 spaces) appear to remain on the Sycamore Mall tract.
If the entire 6,557 square foot addition is occupied by the retail
function of the Petersen, Harned, Von Maur operation, 33 parking spaces
are needed to accommodate the expansion. Although 33 additional spaces
are available on the site, these spaces, as shown in the typical parking
layout, do not comply with theparking design requirements of the current
Zoning Ordinance. Section 36-58(b)(2) states that "[w]henever a use
existing prior to the effective date of this Chapter is enlarged to the
extent of less than 50 percent in floor area, the addition or enlargement
shall comply with the parking requirements...." The development site plan
should be amended, therefore, to illustrate the redesign of 33 parking
spaces, one of which is handicapped accessible, in compliance with the
design requirements of the parking regulations. Staff also recommends
that the typical parking layout shown on the plan be deleted, that the
dimensions of the redesigned parking spaces and aisles be designated on
the plan and that the redesigned spaces be identified by means of shading.
EOO
I
3
Tree Regulations: Given that the structural alteration proposed does not
increase the floor area of the principal building by more than ten (10)
percent or that the existing parking area will not be increased in size,
the tree regulations are not applicable to this proposal.
Performance Requirements: The proposed building expansion conforms with
the applicable performance standards.
Stormwater Management: No additional provisions for stormwater management
must be reflected on the plan. The amount of impermeable surface on the
site will not increase as a result of the building expansion.
Consequently, surface runoff will not increase.
Other Issues: No legal documents are required with this development
proposal since no public improvements or utility easements are either
proposed or affected by this plan.
Deficiencies within the legal description which accompanied the applica-
tion should be corrected. This description should also be placed on the
development site plan.
The development site plan should reflect JMB Realty Trust as the owner of
Sycamore Mall and the title of the plan should be amended to note that the
plan is both the existing and development site plan portions of the
Amended Preliminary and Final Large Scale Non -Residential Development Plan
for an Addition to Sycamore Mall. To differentiate between existing
facilities on the tract and the proposed expansion, the addition should be
labeled as proposed, the redesigned parking spaces associated with that
addition should be shaded and labeled proposed and the balance of the site
should be designated as existing. Because the Mobil station no longer
exists on the tract, this building should be removed from the plan. A
block for the City Clerk's signature should be provided on the development
site plan as well.
Economic Impact: JMB Realty Trust estimates that its commitment to making
modifications to the existing facility to accommodate the proposed
expansion will cost $300,000. Petersen, Harned, Von Maur anticipates
spending considerably more to expand and remodel its department store.
The assessed value of the facility is expected to increase by the same
amount as the estimated cost of all of the improvements. At a current
City levy of $11.54919/$1,000 of assessed valuation, the development
would, therefore, generate about $3,465 in taxes to the City as a result
of the improvements financed by JMB Realty Trust alone. In addition, the
expansion and the accompanying improvements do not require a commitment of
public funds or services beyond the services already available to the
facility. Expansion of Petersen's will also require an increase in the
store's sales personnel.
STAFF RECOMMENDATION:
Staff recommends that consideration of the amended preliminary LSNRD plan
be deferred but that, upon resolution of the deficiencies and discre-
pancies listed below, the plan be approved.
RM
4
DEFICIENCIES AND DISCREPANCIES:
I
These recommended changes have been discussed with the applicant. A
revised plan that incorporates these changes is expected to be distributed
to the Commission at its June 13, 1988, informal meeting.
1. Reconcile the number of off-street parking spaces identified on the
j development site plan and inventoried in the Sycamore Mall's recent
parking survey.
2. Amend the plan to illustrate 33 parking spaces that comply with the
design requirements of the parking regulations. These spaces should
be shaded and identified as proposed parking.
3. Delete the typical parking layout illustrated on the development site
plan.
j 4. Resolve discrepancies within the legal description, include the
approximate acreage of the site in the description and place the
revised description on the development site plan.
5. Identify the owner of Sycamore Mall on the development site plan.
6. Revise the title of the site plan consistent with the language
suggested in the staff report.
7. Differentiate between existing facilities on the tract and the
proposed expansion in the manner suggested in the staff report.
B. Remove the Mobil station from the plan.
9. Provide a block for the City Clerk's signature on the site plan.
ATTACHMENTS:
1. Location Map.
2. Statement of Intent.
3. Evidence of Ownership.
4. Letter requesting expedited consideration of the application.
5. Development Site Plan.
ACCOMPANIMENT:
1. Preliminary LSNRD Plan for Sycamore Mall: Development Site Plan.
Approved by.
;Donal Schmeiser, Director
Department of Planning and
Program Development
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9
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L� mu
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444 N. WABASH AVENUE SUITE 200 • CHICAGO. ILLINOIS 60611.3538 WRITERS DIRECT UNE 312.222-
STATEMENT OF INTENT
May 23, 1988
Planning S Zoning Commission
City of Iowa City
Civic Center
410 E. Washington St.
Iowa City IA 52240
Gentlemen:
JMB Property Management Company, Chicago, Illinois, as agent for
JMB Realty Trust, an Illinois common law trust (owner of
Sycamore Mall, Iowa City, Iowa) intends to enlarge the mall
building area by approximately 6,600 Sf. This is being done to
facilitate an expansion of the Petersen, Harned, Von Maur
department store, presently a major tenant at Sycamore Mall.
i
The building expansion is a one -level development consisting of
concrete spread footings, steel frame, and masonry exterior walls
to match the existing building. The development is to be built
on existing parking and loading areas. A new 1600 AMP transformer
will be provided and Petersen's will have a public entrance on the
new facade.
The time to complete this work will be approximately 90 days from
commencement. Given a June 1st start date, construction would be
complete on or before August 31.
No new easements will be required and all public improvements,
streets, etc. currently exist.
Evidence of ownership is enclosed as Attachment )1.
Sincerely,
JMB PROPERTY MANAG ENT COMPANY
Mark lan Flom, AIA
Manager Architectural Services KJAY 241988
MAF/sll
MARIAN K. KARR
Enclosure CITY CLERK (3)
cc: File Al -1
g6 3
ATTACHMENT 11
J TICOR
TITLE INSURANCE Policy of Title Insurance
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS CONTAINED IN SCHEDULE 8 AND THE
PROVISIONS OF THE CONDITIONS AND STIPULATIONS HEREOF, TICOR TITLE INSURANCE COMPANY (a Stock
Company), a California corporation, herein called the Company, insures, as of Date of Policy shown in Schedule A, against loss
or damage, not exceeding the amount of insurance stated in Schedule A, and costs, attorneys' fees and expenses which the
Company may become obligated to pay hereunder, sustained or incurred by the insured by reason of:
1. Title to the estate or interest described in Schedule A being vested otherwise than as stated therein;
2. Any defect in or lien or encumbrance on such title;
3. Lack of a right of access to and from the land; or
4. Unmarketability of such title.
This policy shall not be valid or binding until countersigned below by a validating signatory of the Company.
S,''
MAY 2 31988
`f L-- i
":C�IlTECiL'aS,�COt:SF'
i
TICOR TITLE INSURANCE COMPANY II
By rio ` President
i
Attest fl::�17 ,JiO Secretary
BY
Validating
Validating Signatory
101500 q 01411. L.M tap A1%..1010.W' F 0—F.B—IB)OOmmau 1011•]01
MAY 2 41988
MARIAN K. KARR
CIN CLERK (3)
W NO NNDUM
A
_. ,..._
TO IaaB INTI Ia751 / mar.cml�n0 Tltla Arwculion Vwmn ra¢v mry
i
Schedule A
1. Name of insured.
TRUSTEES OF JME REALTY TRUST
2. Title to the estate or interest covered by this policy at the date hereof is vested in the insured.
3. The estate or interest in the land described or referred to in this Schedule covered by this policy is Fee Simple
4. The land referred to in this policy is located in the County of JOHNSON
State of 10WA and described as follows:
I;
SEE ATTACHED
�oEEM
MAY 2 4 1988
MARIAN K. KARR
CITY CLERK (3)
863
I
j S-8822
SYCAMORE MALL LSNRD
Development Site Plan / `4+4,
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RESOLUTION NO. 88-126
RESOLUTION APPROVING THE FINAL PLAT OF A RESUBDIVISION OF HIGH-
LAND HEIGHTS SUBDIVISION OF JOHNSON COUNTY, IOWA.
WHEREAS, the owners, William J. and Sheila Boyd, Leona McGurk, and Michael
D. and Mary Fran Jensen, have filed with the City Clerk of Iowa City,
Iowa, an application for approval of the final plat of A Resubdivision of
Highland Heights Subdivision; and
WHEREAS, the proposed subdivision is located in Johnson County and within
Iowa City's two-mile extraterritorial jurisdiction; and
WHEREAS, the Department of Planning and Program Development and the Public
Works Department have examined the proposed final plat and have recom-
mended approval of same; and
WHEREAS, the final plat has been examined by the Planning and Zoning
Commission and after due deliberation the Commission has recommended that
it be accepted and approved; and
WHEREAS, the final plat is found to conform with all of the pertinent
requirements of City Ordinances 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 final plat of A Resubdivision of Highland Heights Subdivi-
sion, is hereby approved.
2. That the Mayor and the City Clerk of the City of Iowa City, Iowa, are
hereby authorized and directed to certify the approval of this resolu-
tion which shall be affixed to the final plat.
It was moved by Dickson and seconded by Larson
the Resolution be adopted, an upon roll call there were:
AYES: NAYS: ABSENT:
X AMBRISCO
�- COURTNEY
X DICKSON
�- HOROWITZ
�- LARSON
XMCDONALD
__X__ - STRAIT
Passed and approved this 14th day of June 1988.
MAYOR
Approved as to Form
ATTEST:RK �/ sib 9 �8
CITY CLERK LUAL UhPARIMEN1
STAFF REPORT
To: Planning & Zoning Commission Prepared by: Barry Beagle
Item: 5-8815. A Resubdivision of Date: May 19, 1988
Highland Heights Subdivision.
GENERAL INFORMATION
Applicant: William J. Boyd
Requested action:
Purpose:
Location:
Size:
Existing land use and zoning:
Existing improvements:
Fringe Area:
Applicable regulations:
File date:
Limitation periods:
Timberland Place
Iowa City, Iowa 52240
Phone: 337-3081
Final subdivision plat ap-
proval.
To establish a five -lot resi-
dential subdivision.
Approximately two miles north
of Iowa City at the southeast
corner of the intersection of
Dingleberry Road and Highway
1.
45.0 acres.
Agricultural; RS -3 - 41.05
acres.
Residential; RS - 3.0 acres.
Two single-family residences.
Area 4.
Provisions of the Iowa City
Subdivision Regulations,
Stormwater Management Ordi-
nance, Fringe Area Policy
Agreement, and City Rural
Design Standards.
April 14, 1988,
45 -Day: May 30, 1988.
60 -Day: June 13, 1988.
■
2
SPECIAL INFORMATION
Public utilities:
Public utilities are not
presently available to this
area. A private common well
and water distribution system
approved by the Johnson County
Health Department has been
established. Sewage disposal
will be provided by individual
septic tank systems. An
easement for telephone, elec-
tricity and gas service has
been designated adjacent to
Timberland Place.
Public services:
Police protection is provided
by Johnson County with fire
protection provided by the
Solon Fire Department.
Transportation:
The site is accessible from
Dingleberry Road via Timber-
land Place, an existing two-
lane private road.
Physical characteristics:
The site is gently sloping
draining to the south central
portion of this tract.
ANALYSIS
The applicant is seeking final plat approval to establish a 45 -acre,
five -lot residential subdivision known as "A Resubdivision of Highland
Heights Subdivision." On April 5, 1988, and April 21, 1988, the City
Council and Board of Supervisors respectively approved the preliminary
plat of this subdivision located within the two-mile extraterritorial
jurisdiction of Iowa City. The proposed plat is in compliance with the
Subdivision Regulations and the design of the approved preliminary plat.
Legal papers for the subdivision have been submitted and are currently
under review by staff. Authorization of the Johnson County Health Depart-
ment approving the individual septic system locations on the undeveloped
lots needs to be provided.
STAFF RECOMMENDATION
Staff recommends that the final plat of A Resubdivision of Highland
Heights Subdivision be deferred pending approval of legal papers and
authorization of the Johnson County Health Department approving the pro-
posed individual septic systems.
M•
3
DEFICIENCIES AND DISCREPANCIES
1. Approval of legal papers.
2. Approval by Johnson County Health Department of individual septic
systems.
3. Identification of stormwater management access easement on plat.
4. Correct discrepancy between legal description and the plat.
ATTACHMENTS
1. Location map.
2. Final plat of A Resubdivision of Highland Heights Subdivisi
Approved by:
ona cimeiser, irec or
Department of Planning
and Program Development
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9
RESOLUTION N0. 88-127
RESOLUTION APPROVING THE PRELIMINARY PLAT OF PETERSEN SECOND
c SUBDIVISION OF JOH14SON COUNTY, IOWA.
WHEREAS, the owners, Henry C. Petersen, et al., Richard L. and Donna M.
DeBrie, Robert G. and Ella J. Smellie, Donald K. and Henrietta Wood, and
Robert D. and Rhonda S. Rowden, have filed with the City Clerk of Iowa
City, Iowa, an application for approval of the preliminary plat of
Petersen Second Subdivision; and
WHEREAS, the proposed subdivision is located in Johnson County and within
Iowa City's two-mile extraterritorial jurisdiction; and
WHEREAS, the Department of Planning and Program Development and the Public
Works Department have examined the proposed preliminary plat and have
recommended approval of same; and
WHEREAS, the preliminary plat has been examined by the Planning and Zoning
Commission and after due deliberation the Commission has recommended that
it be accepted and approved contingent upon a reduction in right-of-way
width for Hanks Drive from 60 -feet to 50 -feet; and
WHEREAS, the preliminary plat is found to conform with all of the perti-
nent requirements of the City Ordinances of the City of Iowa City, Iowa,
with the exception of the minimum right-of-way width for Hanks Drive.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA:
1. That the preliminary plat of Petersen Second Subdivision is hereby
approved subject to a reduction in the required right-of-way width for
Hanks Drive from 60 -feet to 50 -feet.
2. That the Mayor and City Clerk of the City of Iowa City, Iowa, are
hereby authorized and directed to certify this resolution which shall
be affixed to the plat after passage and approval by law.
8c05
I
2
It was moved by Ambrisco and seconded by Strait
the Resolution be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X AMBRISCO
--T-- COURTNEY
X DICKSON
T– HOROWITZ
X LARSON
—y— MCDONALD
X STRAIT
Passed and approved this 14th day of June , 1988.
;4,04 AL�Oae
��
/Approved as to Form
ATTEST: %%jduQ.,J -)/' wam 41110
CITT CLERK LEGAL DEPARTMENT
i
i
r
3
3
�.
W `Y.
STAFF REPORT
To: Planning & Zoning Commission
Prepared by: Barry Beagle
z;
Item: S-8816. Peterson Second Subdivision.
Date: May 19, 1988
GENERAL INFORMATION
;.
Applicant:
Donald K. Wood
4036 Rochester Avenue
Iowa City, Iowa 52240
U
Phone: 351-9124
Owners: Henry C. Peterson
Estate
Richard L. Debrie
(4
Robert G. Smellie
Donald K. Wood
Robert D. Rowden
Requested action:
Preliminary subdivision plat
approval.
Purpose:
To establish a seven -lot
residential subdivision.
Location:
Approximately one-half mile
east of Iowa City on the north
side of Local Road (Rochester
Avenue).
�(
Size:
10.37 acres.
C
Existing land use and zoning:
Single -Family Residential and
Agricultural; RS (County).
Existing improvements:
Five single-family residences
and associated accessory
structures.
Surrounding land use and zoning:
North - Agricultural; A-1.
South - Agricultural; A-1.
East - Agricultural; A-1.
West - Agricultural; A-1.
Fringe Area:
Area 5.
Applicable regulations:
Provisions of the Subdivision
Regulations, Stormwater Man-
agement Ordinance, Fringe Area
Policy Agreement, and City
I
Urban Design Standards.
2
File date:
April 14, 1988.
45 -day limitation period:
May 30, 1988.
SPECIAL INFORMATION
Public utilities:
Public utilities are not
presently available to this
area. Individual septic
systems are currently provided
for the existing residences on
Lots 1, 2, 3, 4, and 6. Indi-
vidual septic systems are
likewise proposed for Lots 5
and 7 subject to review and
approval of the Johnson County
i
Health Department. Water
service for all seven lots
will be provided by existing
wells located on Lots 1, 3 and
j
6. A ten -foot utility ease-
ment has been designated
adjacent to both sides of
Hanks Drive for telephone and
electric service.
Public services:
Police protection is provided
1
by Johnson County with fire
protection provided by the
West Branch Fire Protection
District.
3
Transportation:
The site will be accessible
j
from Local Road (Rochester
Avenue) via Hanks Drive, a
proposed private residential
street.
3
{
Physical characteristics:
The site drains in all direc-
tions at slopes ranging from
9% to 18% from a north -south
oriented ridge located in the
center of the site.
ANALYSIS
Background: On behalf of the balance of
the owners in the proposed subdi-
vision, Mr. Donald Wood has initiated
application for preliminary
plat
approval to officially plat a 10.37 acre
tract into seven (7) residential
lots. Five (5) lots had previously been
subdivided from a 100+ acre farm
either by metes -and -bounds description
or through one -lot subdivision
plats as permitted by the Johnson County Subdivision Regulations. Each
lot contains a single-family residence.
Prior to the adoption of subdivi-
sion regulations in the County, Henry Peterson
apparently started split-
�lo,J
MY
ting off lots for his daughters and their families. Two (2) of the lots,
Lots 1 and 6, have recently been subdivided from the estate through one -
lot subdivision plats. Otto's First Subdivision, Lot 6, was approved by
the County in July 1987. A second one -lot subdivision plat, Peterson
First Subdivision, Lot 1, is currently pending before the Board of Super-
visors. The owners have initiated application to clarify the description
of existing lots, provide for a uniform street right-of-way, and provide
for two (2) additional residential lots.
Fringe Area Policy Agreement: The proposed subdivision is located in Area
5 of the Fringe Area Policy Agreement between Iowa City and Johnson County
and is within one -mile of the eastern corporate limit in which annexation
will be considered at such time as City services can be provided. The
Area 5 Development Policy permits non-farm development confined to exist-
ing zoning within one -mile of the eastern limit of Iowa City. The subject
tract has been zoned RS in the County since 1960. Given the annexation
potential of this area, 5-10 years, City Rural Design Standards, Level 2,
apply to any new development. For roads, rural development standards
apply which entails a 60 -foot right-of-way with three (3) inches of
compacted rolled stone base with chipseal surface 22 feet wide.
Transportation: Access to all lots will be provided by the improvement of
an existing 15 -foot access easement, with crushed rock surface, to Rural
Design Standards. The proposed two-lane private road, known as Hanks
Drive, roughly follows the alignment of the existing easement having a
right-of-way width of 50 feet and chipseal surface 24 feet wide.
The proposed roadway conforms with the Rural Design Standards except for
right-of-way width. The 60 -foot requirement is to enable the retrofit of
sewer, water, and sidewalk in the future as necessary. Ten (10) foot
utility easements are identified, however, on each side of the 50 -foot
right-of-way. Staff would recommend waiving the 60 -foot right-of-way
requirement provided the applicant agrees to submit an easement agreement
for the 10 -foot easement enabling the City to install water, sewer, side-
walks, etc. in the future as may be necessary.
The proposed alignment will result in the house on Lot 1 being set back
approximately 15 -feet from the right-of-way line and approximately 5 -feet
from the utility easement line. Within the RS Zone, Johnson County re-
quires a 40 -foot front yard setback. However, a variance has already been
granted by the Johnson County Board of Adjustment to allow the reduced
setback. There are no physical constraints that would prevent the pro-
posed roadway from being constructed further to the east. At a minimum,
the proposed road should be shifted so as to maintain a minimum setback of
20 -feet from the right-of-way as would be required for new development
located within Iowa City.
Given the present alignment and grade of the access easement, sufficient
sight distance exists at the intersection of Hanks Drive and Local Road.
Local Road is scheduled to be improved for which an additional
right-of-way easement has been required by the Secondary Road Department.
The plat references that the intersection design of Hanks Drive with Local
Road is to be coordinated with the County Engineer.
4
The size and specifications of existing and proposed culverts is required
to be shown for each access approach from Hanks Drive. The Design Stan-
dards also require that access drive approaches within the right-of-way be
hard surfaced. This requirement should be noted on the plat.
Utilities: No new water wells are proposed to be drilled to provide water
service to the additional two lots. According to the plat, the existing
wells on Lots 1, 3, and 6 will provide water service to existing and
proposed lots. The extension of water service to Lots 5 and 7 must be
approved by and conform to the requirements of the Johnson County Health
Department.
Individual septic systems are currently used to provide for sewage dis-
posal for Lots 1, 2, 3, 4, and 6. The septic system for Lot 6 is located
outside the lot within a 40 foot wide private sewage disposal system
easement approved with the plat of Otto's First Subdivision. The plat
should be revised to include the septic system within Lot 6, or at the
time of final plat approval, submit a private sewage disposal easement
with the legal papers to indicate that this easement is reserved for the
use of Lot 6. The preliminary plat also identifies the probable location
of proposed individual septic systems for Lots 5 and 7. Their location
and use is subject to review and approval by the Johnson County Health
Department. Authorization from the Johnson County Health Department ap-
proving the water line extensions and proposed septic systems should be
received prior to approval of the plat.
Stormwater Management: Except for developments located in Old Man's Creek
watershed, the Stormwater Management Ordinance applies to new developments
located within the two-mile extraterritorial jurisdiction of Iowa City. A
stormwater management facility is identified on the plat outside the
boundaries of the subdivision. It is staff's preference that the subdivi-
sion boundaries be redefined so as to include this facility within the
subdivision. In the alternative, the easement papers submitted with the
final plat will need to clearly tie the facility to the subdivision. The
facility is contained, however, in a stormwater management easement as
required by the Stormwater Management Ordinance. For purposes of prelimi-
nary plat approval, the Public Works Department has detemrined the
stormwater management facility as identified is sufficient. Prior to
final plat approval, stormwater management calculations and plans will
need to be submitted and approved by the Public Works Department.
Fire Rating: The developer's engineer must submit a letter establishing a
fire rating for the area being subdivided. A letter of transmittal is
also required from the West Branch Fire District approving provisions made
for fire protection within the subdivision.
STAFF RECOMMENDATION
Staff recommends that the preliminary plat of Peterson Second Subdivision
be deferred, but, that upon resolution of the deficiencies and discrepan-
cies listed below, the plat be approved waiving the 60 -foot right-of-way
requirement provided the applicant submits a letter agreeing to provide an
easement agreement with the final plat providing for the future installa-
tion of water, sewer, sidewalks, etc. by the City as may be necessary.
g65
i
L
0
DEFICIENCIES AND DISCREPANCIES
I. Submission of a letter from the Johnson County Health Department
approving the proposed septic systems and water line extensions.
2. Submission of a letter from the developer's engineer establishing a
fire rating and letter of transmittal from the West Branch Fire Dis-
trict.
3. Include the existing septic system for Lot 6 within the boundaries of
Lot 6.
4. Include the stormwater management facility within the boundaries of
the subdivision.
5. Provide signature block for endorsement of approval by Johnson
County.
i
6. Submission of a letter of authorization including signature of each of
the property owners consenting to the plat.
ATTACHMENTS
1. Location Map.
2. Preliminary Plat - Peterson Second Subdivision.
1
Approved by: ' � {
D nald S ime ser, Director j
epartment of Planning I
and Program Development
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S-8816
MOM
RESOLUTION NO. 88-128
RESOLUTION APPROVING THE FINAL PLAT OF HUNTER'S RUN SUBDIVISION,
PART FOUR, A SUBDIVISION OF IOWA CITY, JOHNSON COUNTY, IOWA.
WHEREAS, the owner, Hunter's Run Development Company, has filed with the
City Clerk of Iowa City, Iowa, an application for approval of the final
plat of Hunter's Run Subdivision, Part Four; and
WHEREAS, the Department of Planning and Program Development and the Public
Works Department have examined the proposed final plat, and have recom-
mended approval of same; and
WHEREAS, the final plat has been examined by the Planning and Zoning
Commission and after due deliberation the Commission has recommended that
it be accepted and approved; and
WHEREAS, the owner requests that the pavement width for Hunter's Glen, a
local loop street serving no more than four residential lots, be reduced
from 28 feet to 25 feet; and
WHEREAS, the City Council finds a reduction in pavement width for Hunter's
Glen from 28 feet to 25 feet to be in accordance with the objectives of
Section 32-7(a) of the Subdivision Regulations permitting modification of
general requirements; and
WHEREAS, except for such pavement width reduction, the preliminary plat is
found to conform with all of the technical requirements of the City
Ordinances 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 final plat of Hunter's Run Subdivision, Part Four, is hereby
approved, with a reduction in pavement width for Hunter's Glen from
28 feet to 25 feet.
2. That the Mayor and City Clerk of the City of Iowa City, Iowa, are
hereby authorized and directed to certify this resolution which shall
be affixed to the plat after passage and approval by law.
It was moved by Courtney and seconded by Horowitz the
Resolution be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X
Ambrisco
X
Courtney
X
Dickson
X
Horowitz
X
Larson
X
McDonald
X
Strait
a
a Resolution No. 88-128
Page 2
6
Passed and approved this 14th day of June 1988.
4
iw G
OR
Approved as to Form
ATTEST:%%Oa ea. J 9 B%
CIT CLERK Le 1 Department
9
KNOWN ALL MEN BY THESE PRESENTS
THAT Hunters Run Development Company, are the owners in fee simple
or all of the land included in Hunters Run Subdivision, Part Four, lova
City, Johnson County, Iowa, the legal description for which 15 as
follows:
Commencing at the Southeast Corner of the Southwest
Quarter of Section 18, Township 79 North, Range 6
West of the Fifth Principal Meridian; Thence N00
degrees 46'46'E, 1,150.38 feet to the Centerline of
Rohret Road, in accordance with the Final Plat of
Hunters Run Subdivision Part One, as Recorded in Plat
Book 22, Page 53 of the Records of the Johnson County,
Iowa Recorder's Office; Thence N00 degrees 55'12"E,
223.00 feet to the Westerly Corner of Lot 57 of a Re-
subdivision of Lots 52 6 53 and Portions of Lots 50 6
51, Hunters Run Subdivision, Part Three, as Recorded in
' Plat Book 26, Page 75 of the Records of the Johnson
f County, Iowa Recorder's Offices Thence N40 degrees 03'
49"E, 89.22 feet along the Northerly line of said Lot
I 57; Thence N46 degrees 01'50"W, 425.00 feet along the
Westerly line of said Resubdivislon to the Northwesterly
I Corner of Lot 52 of said Resubdivision, said Corner being
It the Point of Beginning of HUNTERS RUN SUBDIVISION, PART
FOUR; Thence S25 degrees 39'11'W, 161.26 feet; Thence
348 degrees 20'02"W, 167.96 feet; Thence N56 degrees
29.10"W, 205.87 feet; Thence Southwesterly 26.19 feet
on a 137.02 foot radius curve, concave Southeasterly,
whose 28.14 foot chord bears 327 degrees 37'15"W; Thence
j H68 degrees 16120"W, 197.60 feet; Thence 337 degrees
30'00"W, 70.87 feet; Thence N52 degrees 30'00"W, 135.00
feet; Thence 337 degrees 301001W, 16.00 feet; Thence
Southwesterly 12.15 feet along a 510.00 foot radius curve,
concave Northwesterly, whose 12.15 foot chord bears 338
degrees 10'57"W; Thence N51 degrees 08'06"W, 174.91 feet;
Thence 376 degrees 01'26"W, 59.89 feet; Thence N13 degrees
58'34"H, 200.00 feet; Thence H07 degrees 09'59"W, 8.86
feet; Thence N37 degrees 30'00"E, 215.92 feet; Thence
Northeasterly 78.54 feet along a 50.00 foot radius curve,
concave Northwesterly, whose 70.71 foot chord bears N82
degrees 30'00"E; Thence N37 degrees 30'00"E, 352.50 feet;
Thence S52 degrees 30'00"E, 6.49 feet; Thence Southeast-
erly 237.39 feet along a 370.00 foot radius curve, concave
Northeasterly, whose 233.34 foot chord bears S70 degrees
52'50"E; Thence 389 degrees 15'39"E, 172.16 feet to the
Northwest Corner of Hunters Run Subdivision, Part Three;
Thence 300 degrees 44'21"W, 201.00 feet along the West Line
of Lot 48 of said Part Three; Thence N89 degrees 15139"W,
10.00 feet, to the Northwest Corner of Lot 49 of said Part
Three; Thence 300 degrees 44.21"W, 185.00 feet to a Point
on the Southerly Right -of -Way Line of FOXANA DRIVE; Thence
389 degrees 15139"E, 20.33 feet along said Right -of -Way
Line; Thence Northeasterly 26.52 feet along said Right -of -
Way Line on a 225.00 foot radius curve, concave Northwesterly,
whose 26.50 foot chord bears N87 degrees 21145"E, to the
Northwesterly Corner of Lot 50 of said Resubdivislon; Thence
$06 degrees 00150"E, 80.84 feet along the Westerly Line of
said Lot 50; Thence S46 degrees 01'50"E, 169.19 feet along
the Westerly Line of said Resubdivision to the Point of
Beginning. Said tract of land contains 12.315 acres, more or
less, and is subject to easements and restrictions of record.
Said owners have caused a survey and subdivision of said land to
be made, the lots to be marked and numbered, all as shown on a plat
prepared by MHS Consultants, Inc. of Iowa City, Iowa, and have also
caused a certificate by the registered land surveyor to be made. The
plat and surveyor's certificate are attached hereto to the end that the
plat may be recorded and hereafter designated and known as Hunters Run
Subdivison, Part Four, Iowa City, Johnson County, Iowa.
That the portions of the streets naned as Duckcreek Drive, Foxana
Drive, Hunters Run and Hunters Olen shown on the plat and which are
included in the subdivision, and the public utility easements, as shown
on the plat, are hereby dedicated to the public as provided for by
Chapter 409 of the Code of Iowa. Furthermore, the subdivider does
hereby act apart and dedicate to the public the area labeled and
designated as Parkway (City of Iowa City) 2.97 acres and which is also
a stormwater management and drainageway easement area, all as shown on
the final plat of Hunters Run Subdivision, Part Four, Iowa City,
9n1:1.p ,.;l 10.1
pkv
Johnson County, Iowa. The dedication of the Parkway shall be effective
upon the filing of a written acceptance of the dedication by the City
Of Iowa City, Iowa, in the office of the Johnson County Recorder.
The Hunters Run Development Company does hereby acknowledge that
this subdivision of land 1s included In Hunters Run Subdivision, Part
Four, Johnson County, Iowa, is made by its free consent and knowledge
and in accordance with Its desires.
IN WITNESS WHEREOF, we have set our hands hereto on thlavt
day of June, 1988 at Iowa City, Johnson County, Iowa.
HUNTERS RUN DEVELOP COMPANY
BY: " g , .
`' . _ .r
anes Robert Schlntler. Pres. lKonald William Sclilntic.r, Sec.
STATE OF IOWA, SS: r OR `CORPTE SEAL
�(R J .
JOHNSON COUNTY
On thls`Z day of June, 1988, before me the undersigned, a Notary
Public in and for the State of Iowa, personally appeared James Robert
Schintler and Ronald William Schintler, to me personally Wown, 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 said Instrument was signed and sealed an
behalf of said corporation by authority of Its Board of Directors; and
that the said James Robert Schintler and Ronald William Schintler, 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.
NoT9R19` S
Fql
of Iow
otow Public in and for State
a
Vol.1J10 r,;t 105
I
CERTIFICATE OF RECORDER
STATE OF IONA
SSI
JOHNSON COUNTY
I, JOHN E. O'NEILL, hereby certify that I am the County Recorder
of Johnson County, Iowa and that the title in fee to the property
described as follows:
Commencing at the Southeast Corner of the Southwest
Quarter of Section 18, Township 79 North, Range 6
West of the Fifth Principal Merldian; Thence N00
degrees 46'46"E, 1,150.38 feet to the Centerline of
Rohret Road, in accordance with the Final Plat of
Hunters Run Subdivision Part One, as Recorded in Plat
Book 22, Page 53 of the Records of the Johnson County,
Iowa Recorder's Office; Thence N00 degrees 55'12'E,
223.00 feet to the Westerly Corner of Lot 57 of a Re-
subdivision of Lots 52 6 53 and Portions of Lots 50 6
51, Hunters Run Subdivision, Part Three, as Recorded in
Plat Book 26, Page 75 of the Records of the Johnson
County, Iowa Recorder's Office; Thence N40 degrees 03'
49"E, 89.22 feet along the Northerly line of said Lot
57; Thence N46 degrees 01'50"H, 425.00 feet along the
Westerly line of said Resubdivision to the Northwesterly
Corner of Lot 52 of said Resubdivision, said Corner being
the Point of Beginning of HUNTERS RUN SUBDIVISION, PART
FOUR; Thence S25 degrees 39'11"W, 161.26 feet; Thence
S48 degrees 20102"W, 167.96 feet; Thence N56 degrees
29'10"W, 205.87 feet; Thence Southwesterly 28.19 feet
on a 137.02 foot radius curve, concave Southeasterly,
whose 28.14 foot chord bears S27 degrees 37'15"W; Thence
N68 degrees 16'20"W, 197.60 feet; Thence 537 degrees
30'00"W, 70.87 feet; Thence N52 degrees 30'00"W, 135.00
feet; Thence 337 degrees 30'00"W, 18.00 feet; Thence
Southwesterly 12.15 feet along a 510.00 foot radius curve,
concave Northwesterly, whose 12.15 foot chord bears 538
degrees 10'57"W; Thence N51 degrees 08'06"W, 174.91 feet;
Thence S76 degrees 01'26"W, 59.89 feet; Thence N13 degrees
58'34"H, 200.00 feet; Thence N07 degrees 09'59"W, 6.86
feet; Thence N37 degrees 30'00"E, 215.92 feet; Thence
Northeasterly 78.54 feet along a 50.00 foot radius curve,
concave Northwesterly, whose 70.71 foot chard bears N82
degrees 30'00"E; Thence N37 degrees 30'00"E, 352.50 feet;
Thence S52 degrees 30'00"E, 6.49 feet; Thence Southeast-
erly 237.39 feet along a 370.00 foot radius curve, concave
Northeasterly, whose 233.34 foot chord bears $70 degrees
52'50"E; Thence S69 degrees 15'39"E, 172.16 feet to the
Northwest Corner of Hunters Run Subdivision, Part Three;
Thence 300 degrees 44'21"W, 201.00 feet along the Hest Line
of Lot 48 of said Part Three; Thence NB9 degrees 15'39"W,
10.00 feet, to the Northwest Corner of Lot 49 of said Part
Three; Thence SOO degrees 44'21"W, 185.00 feet to a Point
on the Southerly Right -of -Hay Line of FOXANA DRIVE; Thence
389 degrees 15'39"E, 20.33 feet along said Right -of -Way
Line; Thence Northeasterly 26.52 feet along said Right -of -
Hay Line on a 225.00 foot radius curve, concave Northwesterly,
whose 26.50 foot chord bears N87 degrees 21'45"E, to the
Northwesterly Corner of Lot 50 of said Resubdivision; Thence
306 degrees 00.50"E, BD.84 feet along the Westerly Line of
said Lot 50; Thence S46 degrees 01'50"E, 169.19 feet along
the Westerly Line of said Resubdivision to the Point of
Beginning. Said tract of land contains 12.315 acres, more or
less, and is subject to easements and restrictions of record.
and shown on the plat attached hereto and known and designated as
Hunters Run Subdivision, Part Four, Iowa City, Johnson County, Iowa, is
in Hunters Run Development Company. I further certify that the
property 1s free from all liens and encumbrances.
Signed this ajNay of June, 1988.
SEAL ' • L In f� 2% it _
Cun rut 100 Ohn E. O'Neill, County Re order
CERTIFICATE OF TREASURER
STATE OF IOWA
SS:
JOHNSON COUNTY,
I, Cletus R. Redlinger, hereby certify that I am the County
Treasurer of Johnson County. Iowa, and that the property described as
follows, to wit:
Commencing at the Southeast Corner of the Southwest
Quarter of Section 18, Township 79 North, Range 6
West of the Fifth Principal Meridian; Thence MOO
degrees 46'46"E, 1,150.38 feet to the Centerline of
Rohret Road, in accordance with the Final Plat of
Hunters Run Subdivision Part One, as Recorded in Plat
Book 22, Page 53 of the Records of the Johnson County,
Iowa Recorder's Office; Thence MOO degrees 55.12"E,
223.00 feet to the Westerly Corner of Lot 57 of a Re-
subdivision of Lots 52 6 53 and Portions of Lots 50 6
51, Hunters Run Subdivision, Part Three, as Recorded in
Plat Book 26, Page 75 of the Records of the Johnson
County, Iowa Recorder's Office: Thence N40 degrees 03'
49"E, 89.22 feet along the Northerly line of said Lot
57; Thence N46 degrees 01'50"W, 425.00 feet along the
Westerly line of said Resubdivision to the Northwesterly
Corner of Lot 52 of said Resubdivlslon, said Corner being
the Point of Beginning of HUNTERS RUN SUBDIVISION, PART
FOUR; ThenceS25 degrees 39'11"H, 161.26 Leets Thence
348 degrees 20'02"W, 167.96 feet; Thence H56 degrees
29.10"W, 205.87 feet; Thence Southwesterly 28.19 feet
an a 137.02 foot radius curve, concave Southeasterly,
whose 28.14 foot chord bears S27 degrees 37115"W; Thence
N68 degrees 16'20"W, 197.60 feet; Thence 937 degrees
30'00"H, 70.87 feet; Thence N52 degrees 30'00"W, 135.00
feet; Thence 337 degrees 30'00"W, 18.00 feet; Thence
Southwesterly 12.15 feet along a 510.00 foot radius curve,
concave Northwesterly, whose 12.15 foot chord bears S38
degrees 10'57"W; Thence N51 degrees 08'06"W, 174.91 feet;
Thence 976 degrees 01'26"W, 59.89 feet; Thence N13 degrees
58'34"W, 200.00 feet; Thence N07 degrees 09'59"H, 8.86
feet; Thence M37 degrees 30'001E, 215.92 feet; Thence
Northeasterly 78.54 feet along a 50.00 foot radius curve,
concave Northwesterly, whose 70.71 foot chord bears N82
degrees 30100"E; Thence N37 degrees 30'00"E, 352.50 feet;
Thence S52 degrees 30'00"E, 6.49 feet; Thence Southeast-
erly 237.39 feet along a 370.00 foot radius curve, concave
Northeasterly, whose 233.34 foot chord bears S70 degrees
52.50"E; Thence S89 degrees 15'39"E, 172.16 feet to the
Northwest Corner of Hunters Run Subdivision, Part Three;
Thence 900 degrees 44'21"W, 201.00 feet along the West Line
of Lot 48 of said Part Three; Thence N89 degrees 15'39"W,
10.00 feet, to the Northwest Corner of Lot 49 of said Part
Three; Thence 300 degrees 44121"W, 185.00 feet to a Point
on the Southerly Right -of -Nay Line of FOXANA DRIVE; Thence
S89 degrees 15'39"E, 20.33 feet along said Right -of -Way
Line; Thence Northeasterly 26.52 feet along said Right -of -
Way Line on a 225.00 foot radius curve, concave Northwesterly,
whose 26.50 foot chord bears N87 degrees 21'45"E, to the
Northwesterly Corner of Lot 50 of said Resubdivision; Thence
$06 degrees 00'50"E, 80.84 feet along the Westerly Line of
said Lot 50; Thence 946 degrees Ol'50"E, 169.19 feet along
the Westerly Line of said Resubdivision to the Point of
Beginning. Said tract of land contains 12.315 acres, more or
less, and is subject to easements and restrictions of record.
and shown on the plat attached hereto and known and designated as
Hunters Run Subdivision, Part Four, Iowa City, Johnson County, Iowa is
free from taxes.
Dated at Iowa City, Iowa this 22�'day of June, 1988.
C.<
i'J1(1 %R ic, Cletus R. RedlInger „ reasurer
CERTIFICATE OF CLERK
STATE OF IOWA
SS:
JOHNSON COUNTY,
I, EDWARD F. STEINBRECH, do hereby certify that I am the Clerk of
the District Court of Johnson County, Iowa, and that the property
described as follows:
Commencing at the Southeast Corner of the Southwest
Quarter of Section 18, Township 79 North, Range 6
West of the Fifth Principal Meridian; Thence N00
degrees 46'46"E, 1,150.38 feet to the Centerline of
Rohret Road, in accordance with the Final Plat of
Hunters Run Subdivision Part One, as Recorded in Plat
Book 22, Page 53 of the Records of the Johnson County,
Iowa Recorder's Office; Thence N00 degrees 55'12"E,
223.00 feet to the Westerly Corner of Lot 57 of a Re-
subdivision of Lots 52 6 53 and Portions of Lots 50 6
51, Hunters Run Subdivision, Part Three, as Recorded 1n
Plat Book 26, Page 75 of the Records of the Johnson
County, Iowa Recorder's Office: Thence N40 degrees 03'
49"E, 89.22 feet along the Northerly line of said Lot
57; Thence N46 degrees 01'50"W, 425.00 feet along the
Westerly line of said Resubdivision to the Northwesterly
Corner of Lot 52 of said Resubdivision, said Corner being
the Point of Beginning of HUNTERS RUN SUBDIVISION, PART
FOUR; Thence 325 degrees 39'11"W, 161.26 feet; Thence
S48 degrees 20'02"W, 167.96 feet; Thence 1456 degrees
29'10"W, 205.87 feet; Thence Southwesterly 28.19 feet
on a 137.02 foot radius curve, concave Southeasterly,
whose 28.14 foot chord bears S27 degrees 37'15"W; Thence
N68 degrees 16'20"W, 197.60 feet; Thence S37 degrees
30100"W, 70.87 feet; Thence 1152 degrees 30'00"W, 135.00
feet; Thence S37 degrees 30'00"W, 18.00 feet; Thence
Southwesterly 12.15 feet along a 510.00 foot radius curve,
concave Northwesterly, whose 12.15 foot chord bears 938
degrees 10'57"W; Thence N51 degrees 08'06"W, 174.91 feet;
Thence 976 degrees 01'26"W, 59.89 feet; Thence N13 degrees
58134"W, 200.00 feet; Thence N07 degrees 09'59"W, 8.86
feet; Thence N37 degrees 30'00"E, 215.92 feet; Thence
Northeasterly 78.54 feet along a 50.00 foot radius curve,
concave Northwesterly, whose 70.71 foot chord bears H82
degrees 30'00"E; Thence N37 degrees 30'00"E, 352.50 feet;
Thence S52 degrees 30'00"E, 6.49 feet; Thence Southeast-
erly 237.39 feet along a 370.00 foot radius curve, concave
Northeasterly, whose 233.34 foot chord bears S70 degrees
52'50"Et Thence S89 degrees 15139"E, 172.16 feet to the
Northwest Corner of Hunters Run Subdivision, Part Three;
Thence SOO degrees 44'21"W, 201.00 feet along the West Line
of Lot 48 of said Part Three; Thence N89 degrees 15'39"W,
10.00 feet, to the Northwest Corner of Lot 49 of said Part
Three; Thence 300 degrees 44121"W, 185.00 feet to a Point
on the Southerly Right -of -Way Line of FOXANA DRIVE; Thence
989 degrees 15139"E, 20.33 feet along said Right -of -Way
Line; Thence Northeasterly 26.52 feet along said Right -of -
Way Line on a 225.00 foot radius curve, concave Northwesterly,
whose 26.50 foot chord bears N87 degrees 21145"E, to the
Northwesterly Corner of Lot 50 of said Resubdivision; Thence
806 degrees 00'50"E, 80.84 feet along the Westerly Line of
said Lot 50; Thence S46 degrees 01'50"E, 169.19 feet along
the Westerly Line of said Resubdivision to the Point of
Beginning. Said tract of land contains 12.315 acres, more or
less, and is subject to easements and restrictions of record.
and shown on the plat 'attached hereto and known and designated as
Hunters Run Subdivision, Part Four, Iowa City, Johnson County, Iowa, is
free from all judgments, attachments, mechanic liens, or other liens as
appear on the records of my office.
Dated at Iowa City, Iowa, o this 87t"dty of J�rMf
SW";V3*%'* �
08' Edwar F.Steinb ec ;, CleDist rfct
Court
C.(c(c
TITLE OPINION
I, DALE SANDERSON, a practicing attorney in Iowa City, Iowa, do
hereby certify that I have examined an abstract of title to Hunters Run
Subdivision, Part Four, Iowa City, Johnson County, Iowa, and it is
located upon the following described tract of land to wit,
Commencing at the Southeast Corner of the Southwest
Quarter of Section 18, Township 79 North, Range 6
West of the Fifth Principal Meridian; Thence N00
degrees 46'46"E, 1,150.38 feet to the Centerline of
Rohret Road, in accordance with the Final Plat of
Hunters Run Subdivision Part One, as Recorded in Plat
' Book 22, Page 53 of the Records of the Johnson County,
Iowa Recorder's Office; Thence N00 degrees 55'12"E,
223.00 feet to the Westerly Corner of Lot 57 of a Re-
subdivision of Lots 52 6 53 and Portions of Lots 50 6
I 51, Hunters Run Subdivision, Part Three, as Recorded in
S Plat Book 26, Page 75 of the Records of the Johnson
County, Iowa Recorder's Office, Thence N40 degrees 03'
49"E, 89.22 feet along the Northerly line of said Lot
57; Thence N46 degrees 01150"W, 425.00 feet along the
Westerly line of said Reaubdivlsion to the Northwesterly
Corner of Lot 52 of said Reaubdivision, said Corner being
the Point of Beginning of HUNTERS RUN SUBDIVISION, PART
FOUR; Thence 525 degrees 39'11"W, 161.26 feet; Thence
S48 degrees 20102"W, 167.96 feet; Thence N56 degrees
29'10"W, 205.87 feet; Thence Southwesterly 28.19 feet
on a 137.02 foot radius curve, concave Southeasterly,
whose 26.14 foot chord bears S27 degrees 37'15"W; Thence
H68 degrees 16120"W, 197.60 feet; Thence $37 degrees
30'00"W, 70.87 feet; Thence N52 degrees 30.0011W, 135.00
feet; Thence 337 degrees 30.00"W, 18.00 feet; Thence
Southwesterly 12.15 feet along a 510.00 foot radius curve,
concave Northwesterly, whose 12.15 foot chord bears S38
degrees 1015711W; Thence N51 degrees 08'06"W, 174.91 feet;
Thence 576 degrees 01'26"W, 59.89 feet; Thence N13 degrees
58'34"N, 200.00 feet; Thence N07 degrees 09159"W, 8.86
feet; Thence N37 degrees 30100"E, 215.92 feet; Thence
Northeasterly 78.54 feet along a 50.00 foot radius curve,
concave Northwesterly, whose 70.71 foot chord bears N82
degrees 30100"E; Thence N37 degrees 30'00"E, 352.50 feet;
Thence $52 degrees 30'00"E, 6.49 feet; Thence Southeast-
erly 237.39 feet along a 370.00 foot radius curve, concave
Northeasterly, whose 233.34 foot chord bears 870 degrees
52'50"E; Thence 589 degrees 15'39"E, 172.16 feet to the
Northwest Corner of Hunters Run Subdivision, Part Three;
Thence 800 degrees 44'21"W, 201.00 feet along the West Line
of Lot 48 of said Part Three; Thence N89 degrees 15'39"W,
10.00 feet, to the Northwest Corner of Lot 49 of said Part
! Three; Thence 800 degrees 44'21"W, 185.00 feet to a Point
on the Southerly Right -of -Way Line of FOXANA DRIVE; Thence
889 degrees 15139"E, 20.33 feet along said Right -of -Way
Line; Thence Northeasterly 26.52 feet along said Right -of -
Way Line on a 225.00 foot radius curve, concave Northwesterly,
whose 26.50 foot chord bears N87 degrees 21'45"E, to the
Northwesterly Corner of Lot 50 of said Reaubdivision; Thence
906 degrees 00'50"E, 80.84 feet along the Westerly Line of
said Lot 50; Thence S46 degrees 01150"E, 169.19 feet along
the Westerly Line of said Resubdivision to the Point of
Beginning. Said tract of land contains 12.315 acres, more or
less, and is subject to easements and restrictions of record.
I certify that title In fee to this property is in Hunters Run
Development Company. I further certify that the property is free from
all liens and encumbrances.
Dated at Iowa City, Iowa this a i4 day of June, 1988.
Dal�era&
119 Wright St.,
P.O. Box 1607,
Iowa City, Iowa 52244
M I "I(I na 109
M
SUBDIVIDERS AGREEMENT
THIS AGREEMENT made and entered into between the Hunters Run
Development Company, the owner and subdivider, herinafter called
SUBDIVIDER, and the City of Iowa City, Iowa, a municipal corporation,
herinafter referred to In this agreement as the CITY.
WITNESSETH:
cuvtmea,r, in consideration of the City, approving the SUbdivider's
Stormwater Management Plan, the Subdivider agrees an a covenant
running with the land that the City shall not issue any building
permits on any lots in Part Four, Hunters Run Subdivision, Iowa City,
Johnson County, Iowa, unless and until the proposed stormwater
management facilities, including control structure, erosion control
measures and site work incident thereto, have been completed according
to the plans and specifications approved by the City for the Hunters
Run Subdivision, Part Four, Iowa City, Johnson County, Iowa.
SECTION 2. STAEEI'3 WATER MAINS AND SEWERS In consideration -of
the City approving Part Four, Hunters Run Subdivision, Iowa City,
Johnson County, Iowa, the Subdivider agrees as a covenant running with
the land, that the City shall not Issue building permits an any lots
in the said part Four of said subdivision, unless end until water
seine, storm sewers and sanitary sewers have been Installed in front
of or adjacent to any lot on which a building permit has been
requested as required by the City of Iowa City, Iowa, nor will the
'City be required to issue a building permit for any lot in said Part
Four, until concrete paving at least 31 feet in width for Duckcreek
Drive and concrete paving of at least 28 feet in width for Forana
Drive and Hunters Run, and concrete paving of at least 25 feet in
width for Hunters Glen is installed and accepted by the City.
SECTION 3 CONSTRUCTION OF WROVEMENTSi All such Improvements
stated in Sections 1 and 2 of this agreement and sidewalks will be
constructed and installed by the Subdivider according to the plans and
specifications of the City of Iowa City, Iowa, with inspection by the
City Engineer or his designate. Said inspection shall consist of
occasional inspection of the work in progress, which shall not relieve
or release the Subdivider from its responsibility to construct said
Improvements pursuant to said plans and specifications.
SECTION 4. SIDESALRS, The Subdivider agrees that within one
year from the date of approval of the Final Plat of Part Four, Hunters
Run Subdivision, Iowa City, Johnson County, Iowa, to install sidewalks
in said subdivision abutting said Lots at least four feet in width.
SECTION 5. BUILDING PERMIT AND ESCROW MONIES, It is further
provided, however, that in the event the Subdivider, its assigns or
successors in interest should desire a building permit on my lot in
said subdivision before pavement, water mains, sanitary sewers, storm
sewers or storm water management facilities have been installed, the
subdivider, its assigns or successors in interest shall deposit with
the City Clerk 1n escrow, an amount equal to the costa of said
improvements, plus 10% thereof as determined by the City Engineer's
Office of the City of Iowa City, Iowa. When said funds are deposited,
the building Inspector of the City of Iowa City, Iowa, shall issue a
building permit provided that the applicant complies with all the
requirements and ordinances of said City.
In addition to the Improvements escrow provided above, if
subdivision erosion control measures have not been installed with
ground cover established by growth, the City may require as a
condition to the issuance of a building permit for construction within
the subdivision that the Subdivider deposit in escrow with the City,
the sum of $2,000.00 to cover the costs of cleaning public streets,
storm sewers, gutters or catch basins, which may be necessitated as a
result of erosion from any lot or lots owned by the Subdivider, Its
successors or assigns. The unused balance of the erosion clean up
escrow established herein shall be returned to the Subdivider after
erosion control measures have been installed and ground cover has been
established by growth.
votio.m e.ii iin
W
The Subdivider, for itself, and Its assigns or successors in
interest, recognizes that it 1s responsible for the costs of such
cleaning and to the extent that the Subdivider fails to accomplish
clean up after reasonable notice from the City, the City Is hereby
authorized to do such work and to charge the cost thereof to the
escrow established for the lot from which the erosion came, provided
that nothing herein shall be construed as requiring the City to do
such clean-up.
When the foregoing escrow funds have been established then and in
that event, the building inspector of the City shall Issue a building
permit provided that the applicant complies with all other
requirements and ordinances of the City.
SECTION 6. OCCUPANCY PERMIT: Prior to the issuance of an
occupancy permit for any building erected pursuant to the preceding
section of this agreement, the City, in its discretion, may require
the Subdivider, its assigns or successors in interest to construct and
Install such improvements as are stated in Sections 1 and 2.
SECTION 7. USE OF ESCROW MONEY: If, after the Issuance of any
building permit, Che improvements es stated 1n Sections 1 and 2 have
not been constructed and installed, the City may use any funds
deposited in escrow to construct and Install such improvements.
Should the cost of construction and installation of said improvements
exceed the amount of said escrow, the City shall have a lien and
charge against all of the Iota in Part Four in said Hunters Run
Subdivision. The City shall refund to the depositor, any escrow
monies not used by the City after the construction and installation
and acceptance of such improvements.
SECTION 8 KhIVERi In the event the Subdivider, its assigns or
successors in interest shall sell or convey lots in the said
subdivision without having constructed or installed the pavement,
water mains, sanitary sewers, storm sewers or storm water management
facilities, then the City shall have the right to install and
construct said improvements and the costs of said improvements shall
be a lien and charge against all lots in Part Four of the said
subdivision. The costs of such improvements need not meet the
requirements of notice, benefit or value as provided for by the laws
of the State of Iowa for assessing such improvements. It is further
provided that this agreement to so construct Improvements is and shall
remain a lien from date until properly released as hereinafter
provided. It is stipulated and agreed that all Iota in the
subdivision shall be specially benefited by these Improvesents.
If sidewalks have not been installed as required hereunder in
this agreement, the City may, in its sole discretion, install such
sidewalks and assess the costs thereof against all lots adjacent to or
In front of which sidewalks are installed by the City In the same
manner that repairs may be assessed pursuant to Section 364.12 (2d)
and (2e) of the 1985 Code of Iowa as amended. This covenant shall
remain a separate lien against each individual lot within the
subdivision until such time as a sidewalk has been installed on such
lot pursuant to City specifications at which time the City will, upon
request of the lot owner, issue a release of said lot from the lien
hereof.
he
been madelandgve
InstalledEto the satisfactionrees woCnthecCitypofvIowatcity,
Iowa, it will, upon request, furnish the Subdivider or their assigns
for filing in the office of the County Recorder of Johnson County,
Iowa, a good and sufficient release to the various lots in said
subdivision so that this agreement will not constitute a cloud upon
the title to the lots in Part Four of said Hunters Run Subdivision.
SECTION to 3MM MAINTEW NC : It is further provided and the
Subdivider for Itself, its assigns and successors in interest agrees
that public services including but not limited to street maintenance,
snow removal, or rubbish and garbage collection will not be extended
In said subdivision until the public improvements are installed and
accepted by the C1��
Signed this ,T••- day of June, 1988.
V51. l010 :A;t ll!
M
1
ohn McDonald, h
an Karr, Cf
HUNTERS RUN DEVELOPMENT COMPANY
STATE OF IOWA, 93: 1G 1'VrrrpRATE ��
JOHNSON COUNTY, S
Before me this a" day of1933, personally appeared
John McDonald and Marian Karr, Mn and City Clerk, respectively, of
the City of Iowa City, Iowa, executing the within and foregoing
instrument, that the seal affixed thereto is the seal of said
corporation by authority of its City Council and that the said City
Clerk and Mayor acknowledged the execution of said Instrument to be
the voluntary act and deed of said corporation by it and them
voluntarily executed.
Notary Public in and for the State of Iowa
STATE OF IOWA, ;,,;URAL SEAL
SS;
JOHNSON COUNTY, /1
On this __q_ day of 1908, before me the undersigned,
a Notary Public in and £or4be State of Iowa, personally appeared
James Robert Schintler and Ronald William Schintler, 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 by authority of its Board of Directors;
and that the said James Robert Schintler and Ronald William Schintler,
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. A) 11'%
otary Public S an for the State of Iowa
,1014' /4
4 SFgC
vn i iAn r,;[ in M D AS AAS 7(q Fp!
LECAL DGA EPANTMENT
I
PROTECTIVE AND RESTRICTIVE COVENANTS
KNOWN ALL MEN BY THESE PRESENTS,
That the undersigned, Hunters Run Development Company, has
subdivided Hunters Run Subdivision, Part Four, Iowa City, Johnson
County, Iowa and does hold title in fee to all of the real estate
within the said subdivision. The legal description for Part Four,
Hunters Run Subdivision, Iowa City, Johnson County, Iowa is as
follows;
Commencing at the Southeast Corner of the Southwest
Quarter of Section 18, Township 79 North, Range 6
West of the Fifth Principal Meridian; Thence MOO
degrees 46'46"E, 1,150.38 feet to the Centerline of
Rohret Road, In accordance with the Final Plat of
Hunters Run Subdivision Part One, as Recorded in Plat
Book 22, Page 53 of the Records of the Johnson County,
Iowa Recorder's Office; Thence MOO degrees 55'12"E,
223.00 feet to the Westerly Corner of Lot 57 of a Re-
subdivision of Lots 52 6 53 and Portions of Lots 50 6
51, Hunters Run Subdivision, Part Three, as Recorded in
Plat Book 26, Page 75 of the Records of the Johnson
County, Iowa Recorder's Office; Thence U40 degrees 03'
49"E, 89.22 feet along the Northerly line of said Lot
57; Thence N46 degrees 01.50"W, 425.00 feet along the
Westerly line of said Resubdivision to the Northwesterly
Corner of Lot 52 of said Resubdivision, said Corner being
the Point of Beginning of HUNTERS RUN SUBDIVISION, PART
FOUR; Thence 325 degrees 39'11"W, 161.26 feet; Thence
548 degrees 20102"W, 167.96 feet; Thence N56 degrees
29'10"W, 205.87 feet; Thence Southwesterly 28.19 feet
on a 137.02 foot radius curve, concave Southeasterly,
whose 28.14 foot chord bears S27 degrees 37'15"W; Thence
N68 degrees 16'20"W, 197.60 feet; Thence S37 degrees
30100"W, 70.87 feet; Thence N52 degrees 30'00"W, 135.00
feet; Thence $37 degrees 30100"W, 18.00 feet; Thence
Southwesterly 12.15 feet along a 510.00 foot radius curve,
concave Northwesterly, whose 12.15 foot chord bears S38
degrees 10'57"W; Thence N51 degrees 08'06"W, 174,91 feet;
Thence S76 degrees 01'26"W, 59.89 feet; Thence N13 degrees
58'34"W, 200.00 feet; Thence N07 degrees 09'59"W, 8.86
feet; Thence N37 degrees 30'00"E, 215.92 feet; Thence
Northeasterly 78.54 feet along a 50.00 foot radius curve,
concave Northwesterly, whose 70.71 foot chord bears N82
degrees 30.00"E; Thence N37 degrees 30'00"E, 352.50 feet;
Thence 352 degrees 30.00"E, 6.49 feet; Thence Southeast-
erly 237.39 feet along a 370.00 foot radius curve, concave
Northeasterly, whose 233.34 foot chord bears S70 degrees
52'50"E; Thence 889 degrees 15139"E, 172.16 feet to the
Northwest Corner of Hunters Run Subdivision, Part Three;
Thence 300 degrees 44'21"W, 201.00 feet along the West Line
of Lot 48 of said Part Three; Thence N89 degrees 15139"W,
10.00 feet, to the Northwest Corner of Lot 49 of said Part
Three; Thence 300 degrees 44'21"N, 185.00 feet to a Point
on the Southerly Right -of -Way Line of FOKANA DRIVE; Thence
S89 degrees 15139"E, 20.33 feet along said Right -of -Way
Line; Thence Northeasterly 26.52 feet along said Right -of -
Way Line on a 225.00 foot radius curve, concave Northwesterly,
whose 26.50 foot chord bears N87 degrees 21'45"E, to the
Northwesterly Corner of Lot 50 of said Resubdivision; Thence
306 degrees 00'50"E, 60.84 feet along the Westerly Line of
said Lot 50; Thence S46 degrees 01'50"E, 169.19 feet along
the Westerly Line of said Resubdivision to the Point of
Beginning. Said tract of land contains 12.315 acres, more or
less, and is subject to easements and restrictions of record.
NOW, BY THIS WRITING, the following protective covenants and
restrictions on land for the mutual benefit and protection for persons
who may purchase lots in the said Hunters Run Subdivision, Part Four,
Iowa City, Johnson County, Iowa, are imposed and these covenants shall
be deemed to run with the land.
1. No mobile home, basement, tent, shack, barn, garage or other
out building either of a temporary or permanent character shall be
erected or placed on the tract and used as a residence. No
contractor's building shall be permitted to remain on the lot after
1•::.i..tn;.a 11J
completion of a dwelling.
2. No noxious or offensive trade or business shall be carried on
upon said property which will become an annoyance or nuisance to an
adjoining property owner located within the subdivision.
3. Construction of any structure shall be completed within one
year from the date construction begins.
4. No hunting, target practice or discharge of fire arms shall
be permitted within the subdivision.
5. Titleholders of each lot, whether vacant or improved shall
keep their lots free from debris.
6. No building or other structures shall be erected upon any lot
until the complete plans and specifications describing the proposed
buildings and structures have been approved in writing by an officer
of the Hunters Run Development Company or its nominee.
a) In the event that Hunters Run Development Company or nominee
fails to approve or disapprove the plans and specifications within
thirty days after the same have been submitted to it or in the event
if no suit to enjoin the construction has been commenced prior to the
completion of the construction, approval will be conclusively presumed
to have been given and the covenant shall be deemed to have been fully
complied with.
b) When plans submitted by the owner have been approved by the
Hunters Run Development Company or nominee, such approval shall be
delivered to the owner in writing and the owner shall not therefore
deviate from the plans so approved if the deviation affects the
exterior of the proposed Improvement.
7. Nothing contained in these covenants will relieve the owner
from his obligation to comply with all of the ordinances of the City
Of Iowa City, Iowa, relative to zoning or building permit
applications.
B. All lots in this subdivision shall be used for residential
purposes.
9. These covenants will be binding on all lot owners until March
1, 2008, at which time said covenants shall be automatically extended
for successive periods of ten years unless by vote of the majority of
the then owners of the lots, said covenants are amended in whole or in
part.
10. If any lot owner shall violate or attempt to violate any of
these covenants, any other lotowner or the City of Iowa City, may
Institute any proceedings at law or equity to prevent such violation
or recover damages for such violation.
11. The invalidation of any of these covenants by Judgment or
Decree shall In no way affect any other covenants which shall remain
In full force and of t.
Signed this day of June, 1988.
HUNTERS RUN DEVELOPMENT COMPANY
B Obert .. hinP. ler
CORPORA ?E SEAL � %a Robert hi�nd�e/r�, President
Bu�..Yle._._ hvC �l
nald William Schintler, Secretary
STATE OF IOWA,
SSs
JOHNSON COUNTY,
On this,� day of June, 1988, before me the undersigned, a
Notary Public Anand for the State of Iowa, personally appeared James
Robert Sthintler and Ronald William Schintler, 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 by authority of its Board of Directors; and that the
.said James Robert Schintler and Ronald William Schintler, 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. n 1-n
NOTARIAL SEAL Gee
Notary Public in and for the4?1 si•i
S.1NIT.4RY !!DiE8 6 STORM SEWER EA9ENENT
THIS AGREEMENT made and entered into by and between the Hunters
Run Development Company of Iowa City, Iowa, hereinafter referred to as
SUBDIVIDER which expression shall include its succesaors in Interest
and assigns and the City of Iowa City, Iowa, hereinafter referred to
as CITY, which expression shall include their successors in interest
and assigns.
WITNESSETH:
It is hereby agreed as follows: For the Sum of One Dollar and
Other Good and Valuable Consideration, receipt of which is hereby
t acknowledged, the Subdivider hereby grants and conveys to the City, an
easement for the purposes of excavating for and the installation,
replacement, maintenance and use of such separate sanitary sewer or
atom sewer lines, pipes, mains and conduit as the City shall from
time to time elect for conveying sewage or atom water and all
( necessary appliances, and fittings for use in connection with said
pipelines, together with adequate protection thereof and also a
right-of-way with right of ingress and egress thereto over and across
all of the areas described as utility easements or sanitary sewer
easements on the Final Plat of Hunters Run Subdivision, Part Four,
Iowa City, Johnson County, Iowa, which plat is attached hereto and by
this reference made a part hereof. The Subdivider grants to the City:
1. The right of grading said strips for the full width thereof
and to extend the cuts and fills for such grading into and an said
land along and outside of said line to such extent as the City may
find reasonably necessary.
2. The right from time to time to trim and cut down and clear
away all trees and brush on said strip and trim and to cut down and
clear any trees on either side of a strip which now or hereafter in
the opinion of the City may be a hazard to said lines or may interfere
with the exercise of the City's rights hereunder in any manner.
3, The City shall indemnify the Subdivider against any loss and
damage which shall be caused by the exercise of any said Ingress and
i egress, construction, maintenance, or by any wrongful or negligent act
or omission of the City or its agents or employees in the course of
their employment.
The Subdivider reserves a right to use said strips for purposes
which will not interfere with the CSty's full enjoyment with the
rights hereby granted provided that the Subdivider shall not erect or
construct any building, fence, or other structures or drill or operate
any well or construct any reservoir or other obstructions on said area
or diminish or substantially add to the ground cover over said lines.
The Subdivider hereby covenants with the City that it is lawfully
seized and possessed of the real estate above described that It has
good and lawful right to convey it or any part thereof.
The provisions hereof shall inure to the benefit of and bind the
successors and assigns of the respective parties hereto and all
covenants shall be/A4emed to apply to and run with the land.
Signed this day of June, 1988.
HUNTERS RUN DEVELOPMENT COMPANY
CORPO:ZIATE SEAL ">16overt ucnintler, President
- s n nald William Schintler, Secretary
/IMAMcDongld, yor
MarYan K. Karr, City Clerk
CORPORATE SEAL
APP ED AA 1P3F 1111M
LE AL DEPARTMENT
N
STATE OF IOWA,
SS:
JOHNSON COUNTY, /1
On this day of �lG,,.,p� , 1988, before me the undersigned,
a Notary Publie n and for he State of Iowa, personally appeared
James Robert Schintler and Ronald William Schintler, 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 by authority of its Board of Directors;
and that the said James Robert Schintler and Ronald Willi" Schintler,
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.
l NQ L SEAL
ARIA Notary Public in and for the a of Iowa
STATE OF IOWA,
SS:
JOHNSON COUNTY, ,,11
Before me this LOtday ofLy� 1988, personally appeared
John McDonald "d Mari" K. Karr, 49 or and City Clerk, respectively,
of the City of Iowa City, Iowa, executing the within and foregoing
instrument, that the seal affixed thereto is the seal of said
corporation by authority of its City Council and that the said City
Clerk and Mayor acknowledged the execution of said instrument to be
the voluntary act and deed of said corporation by it and them
voluntarily executed.
No ry Public in and for the State of Iowa
'V 0 4R14 84Z
V]LI-MAA ilc
Wff
Le M
59u, LA
I
8/
STORM WATER STORAGE EASEMENT
THIS AGREEMENT made and entered into by and between the Hunters
-
Run Development Company, hereinafter referred to as SUBDIVIDER, and
the City of Iowa City, hereinafter referred to as CITY. For the sum
of One Dollar and Other Good and Valuable Consideration, receipt of
which is hereby acknowledged by the Subdivider, the Subdivider hereby
grants to the City an easement for the purpose of reconstructing,
operating and maintaining a storm water control structure and storm
water storage area, hereinafter referred to as STORM WATER MANAGEMENT
AND DRAINAGE EASEMENT AREA, as shown on the Plat of Hunters Run
Subdivision, Part Four, Iowa City, Johnson County, Iowa.
The Subdivider further grants to the City the following rights in
e
connection with the above;
°+
1. The right from time to time to trim and cut down and clear
t
away any and all trees and brush on said storm water storage easement
which now or hereafter in the opinion of the City may interfere with
the natural passage of storm water through the storm water storage
area provided that any damages to the storm water storage area shall
be properly repaired by the City.
2. The right to grade and regrade the area included within the
- i
storm water storage easement, provided that the City shall promptly
reseed areas upon which such grading or regrading has been
accomplished.
11t
Until such time as the City of Iowa City accepts the dedication
of the Storm Water Management and Drainage Easement area as Parkland,
then the Subdivider and its successors and assigns reserve the right
to use the storm water storage easement for any purposes which do not
interfere, with the City's full enjoyment of the rights herein granted
provided further that the Subdivider or its successors In interest
shall not erect or construct any buildings, fences or other structures
1
or other obstructions on said easement area or substantially add to
the ground cover on said areas.
The Subdivider covenants with the City that it is lawfully seized
and possessed of the real estate above described and that it has good
and lawful right to convey the same.
The provisions hereof shall inure to the benefit of the
successors and assigns of the respective parties hereto and all
covenants shall apy to end run with the land.
Signed this IE day of June, 1988.
CITYOF IOWA CITY, IOWA, HUNTERS RUN DEVELOPMENT COMPANY
�I• —rr
�JohnMcDcnaldMayo�r
BYBYt
��J•�1,(�e1��es•� Ja a Robert Sch ntler, President
BY; B
Maria KJ Ne r, City Clerk mo ald WillSchlnter, Secretary
CORPORATE SEAL CORPOPIAT„. SEAL
STATE OF IOWA,
98t
JOHNSON COUNTY,/'�-I,/��
On this N " day of June, 1988, before me the undersigned, a
*'and
Notary Public for the State of Iowa, personally appeared James
Robert Schintler and Ronald William Schintler, 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 in the seal of
said corporation by authority of its Board of Directors; and that the
said James Robert Schintler and Ronald William Schintler, as such
officers acknowledged the execution of said instrument to be the
j
voluntary act and deed of id corporation by it and by them
voluntarily executed.
l .fht/X(�,cOao.�
Note ry`Public Sn and for the State of Iowa
'�; OTARIAL SEAL
yii 1 -A0 7A;F 117 APPEO AS FORM
6113 it
LE AL DEPAn ENT
8/
STATE OF IONA,
331
JOHNSON COUNTY,
Before me this K day of June, 1988, personally appeared John
McDonald and Marian IC—Karr, Mayor and City Clerk, respectively, of
the City of Iowa City, Iowa, executing the within and foregoing
Instrument, that the seal affixed thereto is the seal of said
corporation by authority of its City Council and that the said City
Clerk and Mayor acknowledged the execution of said instrument to be
the voluntary act and deed of said corporation by it and them
voluntarily executed.
Notary Public £n and for thetate of Iowa
N0141?
/4
4
8844
'voi leln eaa 118
RESOLUTION NO.
RESOLUTION APPROVING THE FINAL PLAT OF HUNTER'S RUN SUBDIVISION,
PART FOUR, A SUBDIVISION OF IOWA CITY, JOHNSON COUNTY, IOWA.
WHEREAS, the owner, Hunter's Run Development Company, has filed with the
City Clerk of Iowa City, Iowa, an application for approval of the final
plat o Hunter's Run Subdivision, Part Four; and
WHEREAS, he Department of Planning and Program Development and the Public
Works Depa tment have examined the propos d final plat and have recom-
mended appr al of same; and
WHEREAS, the inal plat has been ex fined by the Planning and Zoning
Commission and fter due deliberation the Commission has recommended that
it be accepted a d approved; and
WHEREAS, the fina plat is found to conform with all of the requirements
of the City Ord inan es of the C' y of Iowa City, Iowa.
NOW, THEREFORE, BE I RESOL D BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA:
1. That the final plat f Hunter's Run Subdivision, Part Four is hereby
approved.
2. That the Mayor a Cit Clerk of the City of Iowa City, Iowa, are
hereby authorize and dir cted to certify this resolution which shall
be affixed to t plat aft passage and approval by law.
It was moved by and seconded by
the Resolution b a op e , an upo roll call there were:
Passed
A
AYES: NAYS. ABSENT:
AMBRISCO
COURTNEY
DICKSON
HOROWITZ
—' LARSON
— MCDONALD
— STRAIT
approved this day of , 1988.
Approved as to Form
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.10
City of Iowa City
MEMORANDUM
Date: June 7, 1988
F! To: City Council
h From: Barry Beagle, Associate Planner
G Re: Final Plat for Hunter's Run Subdivision, Part Four
G
As indicated in the May 19, 1988, staff report, the proposed final plat
t provides for the future dedication of 2.97 acres of parkway which shall be i
effective upon filing of written acceptance by the City. Staff had
�• recommended in the staff report that the legal papers be revised to
specifically state under what conditions the proposed parkway would be
accepted. It was subsequently learned through a letter submitted by Mr.
Dale Sanderson (attached) that there had been a long-standing informal
agreement between the City and the developer concerning the future
dedication of the parkways in the Hunter's Run development dating back to It
its initial approval in 1981. At the May 19 meeting, staff retracted the
suggested language change to the legal papers and suggested that we
proceed under the previous understanding concerning the dedication and
acceptance of the parkways. As referenced in Mr. Sanderson's letter, the
developer would assume responsibility for the improvement of the parkways f
(i.e. finished grading and seeding) so that they would be mowable upon s
their acceptance by the City. Until that time, the developer would
continue to be responsible for their maintenance.
The final plat also provides for the reduction in pavement width for
Hunter's Glen, a local loop street from 28 feet to 25 feet. The reduction
is incumbent upon passage of the ordinance amendment to Section 32-7 of
the Subdivision Regulations. Depending upon passage of the ordinance
amendment and the Council's consideration of the proposed reduction, two
resolutions have been prepared, one including the pavement width reduction
for Hunter's Glen. Given its function and limited number of lots served,
staff supports the proposed reduction in pavement width for Hunter's Glen. _.
I
bJ/pc2
1
I
8(O�
n
STAFF REPORT
To: Planning & Zoning Commission Prepared by: Barry Beagle
Item: S-8817. Hunter's Run Subdivision Date: May 19, 1988
Part Four
GENERAL INFORMATION:
Applicant: Hunter's Run Development Co.
Requested action:
Purpose:
Location:
Development size:
Comprehensive Plan:
Existing land use and zoning:
Surrounding land use and zoning:
Applicable regulations:
File date:
Limitation periods:
SPECIAL INFORMATION:
Public utilities:
1550 S. Gilbert Street
Iowa City, Iowa 52240
Phone: 338-2095
Final subdivision plat approv-
al.
To permit development of 25
residential lots.
North of Rohret Road, west of
Highway 218.
12.315 acres.
Agriculture/Rural Residential.
Agricultural; RS -5.
North - Undeveloped City Park;
ID -RS.
South - Single -Family Residen-
tial; POH-5.
East - Single -Family Residen-
tial; RS -5.
West - Agricultural; ID -RS.
Provisions of the Zoning
Ordinance, Subdivision Regula-
tions and Stormwater Management
Ordinance.
April 27, 1988.
45 -day: June 13, 1988.
60 -day: June 27, 1988.
Adequate water service is
available. Upon reconstruction
of the municipal sewage
treatment system, adequate
sewer service will be avail-
able.
OG�
Page 2
Public services: Police and fire protection,
including sanitation service,
will be provided by the City.
Transportation: Access will be provided by the
extension of Foxana Drive and
Duck Creek Drive, a collector
street, from Hunter's Run
?' Subdivision, Parts 2 and 3.
s:
^T' Physical characteristics: Moderately sloping generally
F; draining to the north into
Willow Creek.
ANALYSIS:
M
On May 3, 1988, the City Council approved the rezoning of Hunter's Run
GSubdivision, Parts 2 and 3, including the remaining undeveloped 57.66
acres from PDH -5 to RS -5, and also approved an amended preliminary plat of
the remaining 57.66 acre tract into 115 residential lots known as Hunter's
Run Subdivision, Parts 4-9. The applicant seeks final plat approval for
Part Four, a 12.315 acre, 25 -lot residential subdivision.
o The proposed final plat is in substantial compliance with the approved
N subdivision design of the preliminary plat and Subdivision Regulations.
q The analysis which follows concerns specific features of the subdivision
that need to be addressed and resolved.
Parkway: The final plat of Part 4 provides for the dedication of 2.97
acres of parkway consistent with the approved amended preliminary plat.
As the Commission will recall, the amended preliminary plat of Hunter's
Run Subdivision, Parts 4-9, provided for the dedication of a total of 9.28
acres of proposed parkways with 2.97 acres located in Part 4 and 6.31
acres in Part 6. The Parks and Recreation Commission endorsed the
dedication of the proposed parkways, but, expressed concern regarding the
timing of acceptance, particularly as it related to the assumption of
maintenance responsibilities. The Parks and Recreation Department would
prefer not to accept the proposed parkways in either Parts 4 or 6 until a
substantial portion of Parts 4-9 are developed. The Certificate of Owner
and Dedication, which is part of the legal papers accompanying the final
plat, indicates "the dedication of the Parkway shall be effective upon the
filing of a written acceptance of the dedication by the City of Iowa City,
Iowa..." So as to clarify when the City would file written acceptance of
the proposed parkway, the Parks and Recreation Department would prefer the
language to be amended to indicate that the parkways "need not be accepted
until 90% of the lots in Parts 4-9 are developed or at the discretion of
the City." Until that time, it should be clearly stated that the
developer or homeowners' association is responsible for their maintenance
and any repairs.
Walkway: The preliminary plat identified a 15 -foot drainageway, storm
sewer and walkway easement between Lots 66 and 67. Reference to the
public walkway has been identified. The walkway was intended to provide
convenient pedestrian access for the benefit of residents on Foxana Drive
to the proposed parkway. As a public walkway, paving will be required
prior to release of Certificates of Occupancy for Lots 66 and 67.
9
Page 3
The legal papers and construction plans for this subdivision have been
submitted and are currently under review.
STAFF RECOMMENDATION:
Staff recommends that the final plat of Hunter's Run Subdivision, Part 4
be deferred, but, upon resolution of the deficiencies and discrepancies
listed below, that the plat be approved.
DEFICIENCIES AND DISCREPANCIES:
1. Accurately reference in the dedication papers when the proposed
parkways will be accepted and that the developer or homeowners'
association is responsible for them until their acceptance by the
city.
ATTACHMENTS:
1. Location Map.
2. Final Plat - Hunter's Run Subdivis'
W)ona
Approved by:eiser, Director
Department of Planning and
Program Development
O
ror Scor
i7
LOCATION MAP hwr SC"OI L•��
S-8817
ID -RS
,a
r
i
i
Boundary
Y
map")
RR 1
RS 5. 1 Ra
1�.
9
RALPH L. NEUZIL
OALESANOERSON
Nav 19, 1988
NEUM & SANDERSON
ATTORNEYS AT LAW
119 WRIGHT STREET
P.O. 110% 1607
IOWA CITY. IOWA 52214
Iowa City Planning and Zoning Commission
Civic Center
Iowa City, Iowa 52240
RE: Hunters Run Subdivision, Part Four
Dear Planning and Zoning Commission. Members:
TELEPHONE:
IOWA C.ry 13191337-3167
OXFORD 13191628--178
In the Staff Report for Hunters Run Subdivision. Part Four, there
is listed as a deficiency in the legal papers, the lack of language
concerning when parkland and the remaining parts of Hunters Run
Subdivision would be accepted by the City of 'Iowa City, Iowa. Tue
Staff Report goes on to suggest that the City shoula not accept the
parks until such time as 90% of the remaining lots are developed or at
the City's discretion and further that a Homeowner's Associaton could
be formed in the interim.
On behalf of Hunters Run Development Company I wish to voile a
strenuous objection to any such language and I think it is necessary
that Hunters Run Development Company set forth the history of the
subdivision and assurances, which we thought we had from the City over
the years through the various parks commissions, planning and coning
commissions and city councils that have come and gone since 1980.
Around the end of 1980, the initial preliminary plat, planned
area development and large scale residential development plan of
Hunters Run Subdivision was prepared and submitted to the City of Iowa
City. After general discussion with the City staff and the engineer
for the subdivision, it was decided that three areas of Parklana would
be put in the plan for Hunters Run Subdivision. Two of these areas
were to be stormwater detention basins and the third area would be for
a regular park. The parks and recreation commission of the City of
Iowa City was contacted concerning this proposal and discussions were
held with Dennis Showalter. The indication given to us at that time
was that the Citv wanted the park area very badly for Hunters Run
Subdivision and in return for the developer dedicating the park area.
the City would take the two stormwater basins dedication as nark areas
as well in return for not having to pay anything for any of the park
areas.
The only concern which we received at this time from the parks
and recreation commission or other various staff members from the
g64
City, was that they not be handed the park areas in poor condition or
in a condition that would result in the City having to do a
substantial amount of reurading or seeding or cleaning out of mud or
the fixing of erosion damages. As a result, Hunters Run Development
Company did agree informally that Hunters Run Development Company
would seed down the park areas and have them in a condition so that
the City could mow them upon the City's acceptance of the parkways.
The City benefited from this arrangement in that they received
the parklands free, and further did not have to go to the expense of
preparing the land for seeding and for the seeding of the parkways.
The developer benefited from this arrangement in that the City was
going to take over the stormwater basins and the developer would be
absolved from liability in this regard and the developer did not have
to have future maintenance.
So far there have been final plat approvals coming from the City
for Parts One, Two, Three and the resubdivision of part of Parts Two
and Three and now here comes Part Four.
In one of the other Staff Reports, there was some indication that
the City wanted a little bit more of a definite arrangement in regard
to the timing of the parks acceptance of dedication by the City.
However, after someone had reviewed the history of this situation,
those objections were never followed up on and nothing was required.
For the City staff to now come in and say that there was
correspondence concerning this matter in the past is really a boot
strap argument in that the City staff was the one that put the same
concerns in a earlier report, which was not followed up on.
Until this current Staff Report, there has never been any mention
of ever having a Homeowner's Association to maintain the park areas
until such time as the City got around to accepting the dedication.
This is a completely new suggestion and is one that the Hunters Run
Development Company cannot agree to. There also has never been any
sort of arrangement suggested in the past that dedication would hinge
upon a certain number of lots being developed.
Hunters Run Development Company does agree that the timing of the
acceptance of dedication by the City has been vague in the legal
papers for each part of the subdivision. However, once the park areas
were put into shape by the Hunters Run Development Company, as simple
request would have been filed with the City that they now accept these
areas of parkland for dedication.
It seems to us that the current Staff Report and its
recommendation is a substantial change in any understandings that we
have had over the past eight years with the City of Iowa City
concerning this subdivision.
I also wish to point out that there is a stormwater detention
basin and parkway in Parts Two and Three and there is no different
language in the legal papers in Parts Two and Three than what is
provided in Part Four.
It is a little difficult for us to produce any specific written
agreement on this matter as most of the discussion that was held
concerning the parkways was with Dennis Showalter. However, both Ron
Schintler from Hunters Run Development Company and myself have been
present for the meetings for the Hunters Run Development Company over
the past eight years and we have both felt quite clear as to what our
obligations were in this matter and what the City's were.
To reiterate what the Hunters Run Development Company feels is
the agreement it has with the City of Iowa City concerning the
parkways in Hunters Run Subdivision, it was that they would be
dedicated to the City. The dedication would not be effective until
such time as the stomwater basins were finished, the finished grading
done and the park area seeded down in such a fashion so that they
would be mawable when the City filed their acceptance.
We would certainly be willing to amend the language in the legal
papers submitted for the subdivision to reflect that sort of
arrangement, but we really feel like the City is substantially
changing the understanding of the parties with its current City Staff
Report.
DS:dc
Ve truly yours,
Dale Sanderson
Attorney at Law
M
9
Neuzil & Sanderson
Attorneys at Law
119 Wright St., P.O. Box 1607
Iowa City, Iowa 52244
June 14, 1986
TO MEMBERS OF THE CITY COUNCIL OF IOWA CITY:
I have a few preliminary statements which I would like to make and
then either myself or Ron Schintler on behalf of Hunters Run
Development Company would be glad to answer any further questions you
might have.
1) For the past 8 years, the Hunters Run Development Company has
enjoyed a relationship with the City of Iowa City that has been based
on good faith and mutual understanding.
2) Parklands for the various parts of Hunters Run Subdivision have
been appearing on preliminary and final plats in front of various
councils and commissions for 8 years now and there have not been any
particular problems with their treatment until now when the City
apparently wants to change what has been an 8 year understanding.
3) The understanding which the Hunters Run Development Company had
concerning its agreement with the City of Iowa City concerning these
parklands is contained in a letter to the Iowa City Planning and Zoning
Commission dated May of 1988. After reviewing the contents of the
Letter, the Panning and Zoning Commission assured us that the contents
of the letter accurately reflected their understanding of what the
Hunters Run Development Company and the City have agreed to over the
years. The City Staff also concurred that the letter contained the
basic understanding which had evolved over the years. Staff
recommendations for a mathematical formula for acceptance were dropped
by staff and Part IV was approved with the same type of language as was
used in the three previous parts of Hunters Run Subdivision which
contained the first storm water basin.
4) I think the Council might need to be reminded that there is a
reason for the City's acceptance of the storm water basins and for
their maintenance. --Actually there are two reasons. The main reason is
that the City is being given the Park AREA in Part SIX free of charge
plus Hunters Run Development Company was taking on the expense of
seeding and getting the storm water basins in a mowable condition. The
second reason is that there won't be much water in these basins most of
the time and they are sizable enough to be used for places to play. If
you would drive out there and look at Parts II and III and the first
storm water basin, you can NOW see what a nice area this is going to
be. There are only 3 or 4 lots around the basin which are not built
on.
5) The only reference to the parks in the legal papers for the
subdivision is in a dedication document. This document was drafted with
simplicity as its primary goal. It is certainly adequate to implement
the understanding which we thought we had with the City of Iowa City
over the past years. If the City is NOW saying that this dedication
document is the only thing it is bound by, it is time for us to either
holler WHOA or FOUL or it is time for us to say we are not bound by any
other agreement either. There is nothing in the subdivision papers
which would bind the developer or anyone else to maintaining the area
until the City accepts the same. There are already over 40 lots in
Parts II and III either sold, built on, are being held, so I am
confident that the City would hear from a large number of irate
homeowners if the basins lie unkept and unmowed. Nonetheless, we
intend to be bound by the mutual understanding we have had with the
City so long as the City intends to be bound also. If the City, wants
additional language in the subdivision papers, we already stated in
the letter to the Planning and Zoning Commission that we would be
perfectly willing to alter the language in the dedication document to
the understanding of the parties. The Planning and Zoning Commission
indicated that the City recognized its agreements and it would not be
necessary.
6) SO, If the City is now saying, it is not bound by an eight year
understanding and needs only to look at a dedication document not even
signed by the City of Iowa as its agreement, then we better change that
dedication document into a 15 page agreement with a lot more whereas's
and wherefore's.
7) If the City is going to honor its 8 years of understanding and
keep matters simple, the language is adequate.
Respecf lly Submitted,
Dale San erson
Attorney at Law
RESOLUTION NO. 88-129
RESOLUTION APPROVING THE FINAL PLAT OF RAPID CREEK RIDGE OF
JOHNSON COUNTY, IOWA.
WHEREAS, the owner, Rapid Creek Farm Partnership, has filed with the City
Clerk of Iowa City, Iowa, an application for approval of the final plat of
Rapid Creek Ridge; and
WHEREAS, the proposed subdivision is located in Johnson County and within
Iowa City's two-mile extraterritorial jurisdiction; and
WHEREAS, the Department of Planning and Program Development and the Public
Works Department have examined the proposed final plat and have recom-
mended approval of same; and
WHEREAS, the final plat has been examined by the Planning and Zoning
Commission and after due deliberation the Commission has recommended that
it be accepted and approved subject to resolution of deficiencies; and
WHEREAS, the final plat has been revised and is found to conform with all
of the pertinent requirements of City Ordinances 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 final plat of Rapid Creek Ridge is hereby approved.
2. That the Mayor and City Clerk of the City of Iowa City, are hereby
authorized and directed to certify this resolution which shall be
affixed to the plat after passage and approval by law.
It was moved by Dickson and seconded by Horowiti
the Resolution be a o -p e , an upon roll call there were:
AYES: NAYS: ABSENT:
X AMBRISCO
X COURTNEY
X DICKSON
X HOROWITZ
XLARSON
X MCDONALD
X STRAIT
Passed and approved this 14th day of tunes_ 1988.
t
Approved as to Form
ATTEST: .�•� 'rr•� vJ IZf� �S��P
CITY CLERK LEGAZ DEPARTMENT
9
ff
I
STAFF REPORT
To: Planning & Zoning Commission
Item: S-8819. Rapid Creek Ridge.
GENERAL INFORMATION:
Applicant:
Requested action:
Purpose:
Location:
Development size:
Fringe Area:
Existing land use and zoning:
Surrounding land use and zoning:
Applicable regulations:
File date:
Limitation periods:
SPECIAL INFORMATION:
Public utilities:
Prepared by: Barry Beagle
Date: May 19, 1988
Rapid Creek Farms Partnership
R.R. 2, Box 59
Iowa City, Iowa 52240
Contact Person: Nicholas
Colangelo
Phone: 335-5277
Final subdivision plat approv-
al.
To permit the development of 46
residential lots.
Approximately 1.5 miles north
of Iowa City on Highway 1.
142.49 acres.
Area 4.
Agricultural; RS -3 (County).
North - Residential; RS.
South - Agricultural; Al.
East - Agricultural; Al.
West - Residential; RS.
Provisions of the Subdivision
Regulations, Stormwater
Management Ordinance and Fringe
Area Policy Agreement.
April 27, 1988.
45 -day: June 13, 1988.
60 -day: June 27, 1988.
Public utilities are not
presently available to this
area. Private common wells,
water distribution system, and
Individual septic systems
approved by the Johnson County
Health Department are proposed.
0
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Page 2
{
Public services: Police protection is to be
provided by Johnson County with
t' fire protection provided by the
}. Solon Fire Department.
?- Transportation: The development is composed of
j' two portions, with the northern
portion accessible from Highway
1 and the southern portion
r accessible from Rapid Creek
a> Road.
Physical characteristics:
ANALYSIS:
The site is moderate to steeply
sloping, draining toward Rapid
Creek which runs generally
east -west through the center of
the subdivision. A substantial
area bordering Rapid Creek is
located within the 100 -year
floodplain.
The applicant requests approval of a final plat for Rapid Creek Ridge, a
46 -lot, 142.49 acre residential subdivision located approximately 1.5
miles north of Iowa City. The preliminary plat for Rapid Creek Ridge,
which provided for the subdivision of 47 residential lots, was approved by
the City Council on April 5, 1988, and is scheduled to appear before the
Johnson County Board of Supervisors on May 12, 1988. The final plat is in
substantial compliance with the Subdivision Regulations and the design of
the approved preliminary plat. The analysis which follows concerns
specific features of the final plat which need to be resolved.
As the Commission may recall, the design of the preliminary plat was that
of a cluster subdivision as permitted by the Johnson County Subdivision
Regulations. The dimensional requirements of the zone in which the
development is located, in this case RS -3, may be varied provided the
density of development does not exceed that permitted in the zone. For
cluster subdivisions located in the RS -3 Zone, individual lot sizes may be
reduced to not less than one acre. Land set aside for the traveled
surface portion of roadways must be deducted from the site's total land
area when calculating the total number of dwelling units permitted. The
plat indicates approximately 5.2 acres in total road surface area, which
equates to 45.7 lots (142.49 A - 5.2 A = 137.29 A _ 3 DU/A = 45.7 DU) or
no more than 45 lots. The plat identifies 46 lots and will need to be
reduced by one lot.
The preliminary plat identified a 60 -foot access easement between Lots 25
and 26 for a future roadway. This easement was intended to provide for
the extension of a roadway from Running Deer Court to the east in the
event the adjacent property is developed. The plat indicated, however,
that its improvement is tied to the annexation of the subdivision by Iowa
City. The final plat does not reference the future improvement of the
roadway, but, continues to identify the 60 -foot easement which is now
shown between Lots 24 and 25. The legal papers should clearly indicate
Page 3
when the improvement of this roadway is required. Staff had recommended
that its improvement be tied to development of the property to the east
and/or annexation. The Commission, however, elected to have the road
improvement tied only to annexation.
Similarity exists in street names between the two separate portions of
this development. So as to eliminate confusion and delay for emergency
service providers, street names between the two portions should be
separate and distinct. For example, if the double cul-de-sac named Rapid
Creek Bend and Running Deer Court in the north half was changed to
"Running Deer Place," streets in the northern portion would be similarly
named "Running Deer" with streets in the southern portion similarly named
"Rapid Creek."
Stormwater management plans and calculations have been received and
approved by the Public Works Department. The legal papers for this
subdivision have also been received and are currently under review by
staff.
STAFF RECOMMENDATION:
Staff recommends that the final plat of Rapid Creek Ridge be deferred,
but, upon resolution of the deficiencies and discrepancies listed below,
that it be approved.
DEFICIENCIES AND DISCREPANCIES:
1. Approval of legal papers, including the identification of when the
60 -foot roadway easement between Lots 24 and 25 is to be improved.
2. Segregate street names so as to eliminate similarities between the
northern and southern portions.
3. Reduce the number of lots from 46 to 45 consistent with the cluster
subdivision requirements of the Johnson County Subdivision Regula-
tions.
ATTACHMENTS:
1. Location Map.
2. Final Plat - Rapid Creek Ridge.
Approved by:
ona1 Schmeiser, Director
Department of Planning and
Program Development
S�v
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RAPID CREEK RIDGE
S-8819
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RESOLUTION NO. 88-130
RESOLUTION APPROVING A REDUCTION IN PAVEMENT WIDTH FOR EVERGREEN
PLACE IN FIRST AND ROCHESTER, PART THREE, A SUBDIVISION OF IOWA
CITY, JOHNSON COUNTY, IOWA.
WHEREAS, the owner, Plum Grove Acres, Inc., has requested a reduction in
pavement width for Evergreen Place from 28 feet to 25 feet; and
WHEREAS, Evergreen Place is designed as a loop street that provides access
to no more than five residential lots; and
WHEREAS, Section 32-7(a) of the Subdivision Regulations provides for a
modification or waiver of the general requirements of Article III of this
Chapter under certain circumstances; and
WHEREAS, the City Council finds that reduction in pavement width for
Evergreen Place is consistent with its function and design as a limited
use, non -through street; would not diminish the City's ability to service
and maintain said street; and would minimize the disturbance of the site's
natural features in this topographically hilly area.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA:
That the developer is authorized to reduce the pavement width for Ever-
green Place from 28 feet to 25 feet.
It was moved by Amhri,;co and seconded by Strait the
Resolution be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
x
Ambrisco
x
Courtney
x
Dickson
x
Horowitz
x
Larson
x
McDonald
x
Strait
Passed and approved this 14th day of June , 1988.
14 OA& 40464e�
YOR
Approved as to Form
ATTEST: %%�a..�„J _ AA 4E d y a
CITY`CLERK LegS1 Department
iM
I move that the rule requiring that a pre -published ordinance be
considered and voted on for passage at one Council meeting prior
to the meeting at which it is to be finally passed be suspended,
that first consideration and vote be waived, and that the ordinance
I
be given second consideration and, be voted on for final passage at
this time.
I move that Ordinance 88-3382 be passed and adopted at this time.
I�
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I move that the rule requiring that a pre -published ordinance be
considered and voted on for passage at one Council meeting prior
to the meeting at which it is to be finally passed be suspended,
that first consideration and vote be waived, and that the ordinance
I
be given second consideration and, be voted on for final passage at
this time.
I move that Ordinance 88-3382 be passed and adopted at this time.
Prepublished for Council Consideration on June 14, 1988.
ORDINANCE 110. 88-3382
AN ORDINANCE AMENDING ORDINANCE NO. 88-3380 BY REPEALING SECTION 2 THEREOF, AND
ENACTI14G IN LIEU THEREOF A NE14 SECTION 2, TO CORRECT AM ERROR IN THE LISTING OF
THE A14OUNT OF THE FEE AUTHORIZED BY SECTION 23-277 OF THE CODE OF ORDINANCES
RELATING TO HLY
BI,LANDYINETHETS (ANNUAL 14UNICIPAL PARKING-LOT1dA ADJACENT TOENT) FOR RKING RAMP gd THE
WHEREAS, Ordinance No. 88-3380, Section 2 thereof, as originally adopted by
this City Council on May 17, 1988, erroneously listed the fee authorized by
Section 23-277 of the Code of Ordinances for Monthly All -Day Permits (annual
adjacentpto Ramp Boras $356/year, whichRamps A nfee shouldnh ve been liistedpthereal it
ot
therein
$456/year.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
SECTION 1. That Ordinance No. 88-3380 be and the same is hereby amended by
repealing Section 2 thereof, and enacting in lieu thereof a new Section 2 to
read as follows:
SECTION 2: That Chapter 32.1 of the Code of Ordinances of the City of Iowa
City, Iowa, be, and the same is hereby amended by repealing Section 32.1-63
thereof, and _enacting in lieu thereof a new section to be codified the same
to read as follows:
Sec. 32.1-63. Fees or Charges Authorized in Chapter 23.
Municipal Code
Section
Authorizing Fee
Charge, Fine or Description of Fee, e: Char
Penalty: Charge, Fine, or Penalty: g
Sec. 23-249 Fee for Contractor Reservation of $ 4.00/day
Meter Space (Meter flood)
Show -up Fee Charged by Tow Truck $20.00/day
Operator
Sec. 23-274 Parking Meter Fees.
Central Business District On -Street $ .q0/hour
Meter
Central Business District Lot Meter $ .40/hour
Peripheral On -Street Meter (Outside .30/hour
Central Business District) $
Peripheral Lot Meter (Outside Central $ ,30/hour
Business District) 4.00/da
Meter Hood/Contractor $ y
N
Ordinance No. 88-3382
Page 2
Sec. 23-277 Fees for parking in city parking lots
and structures.
Municipal Parking Lot (adjacent to Ramp
B)
Monthly All -Day Permits
$ 40.00/month
Monthly All -Day Permits (annual
advance -payment)
$456.00/year
Monthly Off -Hours Permits (After 5 PM,
Mon -Fri, All day Saturday & Sunday)
$ 29.00/month
Lot Permits -all other municipal lots
$ 30.00/month
Monthly All -Day Permits
$ 30.00/month
Monthly All -Day Permits (annual
advance payment)
$342.00/year
City Employee Lot Permits
$ 15.00/month
Parking Ramps A & B
Hourly Parker
$ .40/hour
Monthly All -Day Permits
$ 40.00/month
Monthly All -Day Permits (annual
advance payment)
$456.00/year
Monthly Off -Hours Permits
$ 29.00/month
The above hourly parking rates for parking ramps will apply to
both parking ramps, with the exception of cars exiting when a
cashier is not on duty; a flat rate of.75C shall apply and be
deposited at the exit gate.
Reissue of lost/stolen permits $ 2.00/each reissue
Sec. 23-279 Penalties for parking violations.
Overtime parking $ 3.00
Expired meter $ 3.00
Prohibited zone $ 5.00
Illegal parking -handicapped parking
space $15.00
One-hour restricted zone -Civic Center
lot $ 3.00
All other illegal parking violations
this chapter $ 5.00
I
SECTION 2. SEVERABILITY: If any of the provisions of this Ordinance are for
any reason declared illegal or void, then the lawful provisions of this Ordi-
nance, which are severable from said unlawful provisions, shall be and remain
in full force and effect, the same as if the Ordinance contained no illegal or
void provisions.
SECTIO14 3. REPEALER: All ordinances or parts of ordinances in conflict with
the provisions of this Ordinance are hereby repealed. These are: Ordinance
88-3380, Section 2, 5/17/88.
SECTION 4. EFFECTIVE DATE: This Ordinance, having been heretofore been pub-
lished by the Iowa City Press -Citizen on Tuesday, June 14, 1988, and shall be
in full force and effect from and after its final passage as by law provided.
970
I E Ordinance No. 88-3382
Page 3
Passed and approv d this 14th day of Dime, 1988.
/"MOV R
ATTEST:
CITY CLERK
Apr a t Form:
U-egal Department
S7o
It was moved by Courtne and seconded by that
the Ordinance as rea e a op e , and upon roll ca -TT there were:
AYES: NAYS: ABSENT:
X
Amb risco
X Courtney
X Dickson
X Horowitz
X Larson
X McDonald
X Strait
First Consideration -------
Vote for passage:
Second Consideration -
Vote for passage:
Date published 6/14/88
Moved by Courtney, seconded by Dickson, that the
rule requiring that a pre -published ordinance be
considered and voted on for passage at one Council
meeting prior.to the meeting at which it is to be
finally passed be suspended, that first consider-
ation and vote be waived, and that the ordinance
be given second consideration and be voted on for
final passage at this time. Ayes: McDonald,
Strait, Ambrisco, Courtney, Dickson, Horowitz,
Larson. Nays: None. Absent: None.
1
IJ
RESOLUTION NO. 88-131
RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO
ATTEST THE RELEASE OF LIEN REGARDING A PROMISSORY NOTE EXECUTED
BY OPAL D. HOCHSTETLER.
WHEREAS, on July 18, 1986, Opal D. Hochstetler executed a promissory note
to the City of Iowa City in the amount of $13,415.00 for value received by
way of a Housing Rehabilitation loan, and
WHEREAS, said promissory note provided a lien against subject property,
and
WHEREAS, $1,878.10 of the full amount of said note has been forgiven in
full, and the existing principal of said note is $11,536.90, and
WHEREAS, the loan agreement states that any outstanding principal shall be
forgiven upon death, and
WHEREAS, Opal D. Hochstetler passed away in January of 1988.
I
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, 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 Opal D. Hochstetler to pay to the
City the principal amount of $11,536.90.
It was moved by Strait and seconded by Ambrisco the
Resolution be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Ambrisco
X Courtney
X Dickson
X Horowitz
X Larson
X McDonald
X Strait
Passed and approved this 14th day of June 1988.
YOR
Approved as to Form
ATTEST: -�_� 4/ 76L) /05 K/7�1Y
CITY`CLERK Legal Department
Release of Promissory Note
KNOW ALL MEN by these presents:
That the City of Iowa City does hereby release the following -described
property: -
Lot 5, Block 42, East Iowa City, Iowa, and the West i of Lot 4
in Block 42, East Iowa City, Iowa, subject to easements and
restrictions of record.
from an obligation of Opal D. Hochstetler to the City of Iowa City, Iowa,
in the principal amount of $13,415.00 represented by a Promissory Note
recorded in the Office of the Johnson County Recorder on July 24, 1986, in
Book 865, page 123.
This obligation has been forgiven in full for reasons of death.
CITY OF IOWA CCITY, IOWWA�� ��%
By: ✓ W /w�.�/�L
yor
ATTEST:
STATE OF IOWA
) SS:
JOHNSON COUNTY )
On this 14th day of Jtme A.D. 1988 before
me, the undersigned, 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 affixed
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 voluntary act and
deed of said corporation, by it and by them voluntarily executed.
,� \ i.n n 41
o e
notary Public in and for Johnson County, Iowa
APPROVED,TO FORM
LEGAL DEPARTMENT ego
9
RESOLUTION NO. 88-132
RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO
ATTEST THE RELEASE OF LIEN REGARDING A PROMISSORY NOTE EXECUTED
BY RICHARD AND FAYE JENKINS.
WHEREAS, on October 14, 1987, Richard and Faye Jenkins executed a
promissory note to the City of Iowa City in the amount of $2,100.00 for
value received by way of an Emergency Repair loan, and
WHEREAS, said promissory note provided a lien against subject property,
and
WHEREAS, $2,100.00 of the full amount of said note has been paid in full
on May 20, 1988.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, 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 Richard and Faye Jenkins to pay to
the City the principal amount of $2,100.00.
It was moved by Strait and seconded by Ambrisco the
Resolution be adopted, and upon roll call there were:
AYES:
NAYS: ABSENT:
X
Ambrisco
X
Courtney
X
Dickson
X
Horowitz
X
Larson
X
McDonald
X
Strait
Passed and approved this 14th day of June , 1988.
A9008460
OR
Approved as to Form
ATTEST: /w5 1/4'r
T LERK Legal Department
RELEASE OF LIEN
Date: June 14, 1988
KNOW ALL MEN BY THESE PRESENTS:
That the City of Iowa City does hereby release the following -described
property:
Lot 17 in Block 14, in Rundell, an Addition to Iowa City, Iowa,
according to the recorded plat thereof
from an obligation of Richard and Faye Jenkins to the City of Iowa City,
Iowa, in the principal amount of $2,100.00 represented by a Statement of
Life Lien and Promissory Note recorded in the Office of the Johnson County
Recorder on October 20, 1988, in Book 984, page 250.
This obligation has been paid in full, and the lien is hereby released.
CITY OF IOWA CITY, IOWA
By: U,&A, &4a
ayor
ATTEST:
STATE OF IOWA )
) SS:
JOHNSON COUNTY )
On this 14th day of June A.D. 1988 before
me, the undersigned, 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 affixed
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 voluntary act and
deed of said corporation, by it and by them voluntarily executed.
otar Public in and for Johnson County, Iowa
APPROVED TO PORM
LEGAL DEPARTMENT
9
r
RESOLUTION N0. 88-133
RESOLUTION APPROVING AND AUTHORIZING AND DIRECTING THE MAYOR AND
CITY CLERK TO EXECUTE AND ATTEST, RESPECTIVELY, AN ADDENDUM TO
LEASE - BUSINESS PROPERTY FOR THE RENTAL OF SUITE 300 IN THE
SAVINGS & LOAN BUILDING FOR PUBLIC WORKS DEPARTMENT OFFICES,
PROVIDING FOR THE RENEWAL OF SAID LEASE FOR ADDITIONAL TERMS.
WHEREAS, pursuant to lease dated July 2, 1985, the City leased certain
property, to wit, Suite 300 in the Savings & Loan Building, from Center
City Properties for use as offices for the Public Works Department, which
lease was for an initial term of two years, with a one-year renewal option
as provided by paragraph 8(d) thereof; and
WHEREAS, the parties amended said lease by Addendum dated May 28, 1987, to
modify the renewal option to provide for an initial renewal period of 18
months, with a second six-month renewal option thereafter; and
WHEREAS, the City has indicated its intent to renew said lease as provided
by said paragraph 8(d), but has requested further modification of the
renewal option to provide for an additional one year renewal option
thereafter; and
WHEREAS, City staff and Center City Properties have negotiated the terms
of an Addendum to modify the City's renewal options under the lease.
NOW, THEREFORE, BE AND IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF THE
CITY OF IOWA CITY, IOWA, that the Addendum No. 2 to Lease - Business
Property for Suite 300 of the Savings & Loan Building is hereby approved
as to form and content.
AND BE IT FURTHER RESOLVED that the Mayor and City Clerk be, and they are
hereby authorized and directed to execute and attest, respectively, said
Addendum for and on behalf of the City of Iowa City, modifying the City's
renewal options under said Lease and exercising the City's second six
month renewal option.
AND BE IT FURTHER RESOLVED that the City Manager be, and he is hereby
authorized and directed to exercise the City's additional one-year renewal
option if as of June 30, 1989, alternate office space has not been
procured for the Public Works Department.
It was moved by Ambrisco and seconded by Strait the
Resolution be adopted, and upon roll call there were:
AYES:
NAYS: ABSENT:
X
Ambrisco
X
Courtney
X
Dickson
X
Horowitz
X
Larson
X
McDonald
X
Strait
Resolution No. 88-133
Page 2
Passed and approved this 14th day of Jame , 1988.
AYOR
A r a t Form
ATTEST:Z1// My
CITY—CLERK Legal Department
Addendum No. 2 to Lease - Business Property
This Addendum entered into by and between Center City Properties, a
partnership (hereinafter "Landlord") and the City of Iowa City, Iowa
(hereinafter "Tenant"), on this 14th day of June
1988.
Witnesseth:
WHEREAS, Center City Properties, as Landlord, has leased certain property,
to wit, Suite 300 in the Savings & Loan Building, to the City of Iowa
City, Iowa, as Tenant, pursuant to a lease dated July 2, 1985, which lease
was for initial term of two years, with a one-year renewal option as
provided by paragraph 8(d) thereof; and
WHEREAS, the parties amended said lease by Addendum dated May 28, 1987, to
modify the renewal option to provide for an initial renewal period of 18
months, with an additional six months renewal options thereafter; and
WHEREAS, Tenant has indicated its intent to renew said lease for the
additional six-month period as required by said paragraph 8(d), but has
requested further modification of the renewal option to provide for an
additional one year renewal option thereafter; and
WHEREAS, Landlord and Tenant have negotiated the terms of this Addendum to
modify Tenant's renewal options as aforesaid.
NOW, THEREFORE, Landlord and Tenant do hereby agree as follows:
1. That paragraph 8(d) of the Lease - Business Property, as identified
in the preamble hereof, be and the same is hereby amended to read as
follows:
(d) Renewal options. Provided Tenant is not in default, Landlord
grants to Tenant (1) an initial option to renew this lease for a
period of 18 months, commencing at midnight of the day previous
to the first day of the initial renewal term, which shall be on
the 1st day of July, 1987, and ending at midnight on the last
j day of said renewal term, which shall be on the 31st day of
December, 1988; and (2) an additional option to renew this lease
for an additional period of six months, commencing at midnight
1 of the day previous to the first day of the additional renewal
term, which shall be on the 1st day of January, 1989, and ending
at midnight on the last day of said renewal term, which shall be
on the 30th day of June, 1989; and (3) an additional option to
renew this lease for an additional period of one year,
commencing at midnight of the day previous to the first day of
the additional renewal term, which shall be on the 1st day of
July, 1989, and ending at midnight on the last day of said
renewal term, which shall be on the 30th day of June, 1990;
provided, however, Tenant must give written notice of its intent
to exercise its renewal option at least 180 days prior to the
expiration of the initial or any renewal term hereof."
i
I
2
2. Landlord and Tenant acknowledge and agree that Tenant has exercised
its second renewal option, and that the Lease - Business Property
will continue in effect until midnight of June 30, 1989.
LANDLORD - CENTER CITY PROPERTIES
8•
Partner
Kenneth L. Albrecht
PARTNERSHIP ACKNOWLEDGEMENT
STATE OF IOWA )
) SS:
JOHNSON COUNTY )
On this T— day ofC�wa._. A.D.said 19��, before me,
the undersigned, a Notary Pu is in and far County and State,
personally appeared Kenneth Al!bmohito me personally known, who being by me
duly sworn, did say that he is a member of the Partnership Center City
Properties, executing the within and foregoing instrument and acknowledged
that he executed the same as the voluntary act and deed of said partner(s)
by him and by said partnership voluntarily executed.
Me VD cAA-a..-.
Notary Public in and for the County and State
TENANT - CITY OF IOWA CITY, IOWA
By: 4X a
��// o n McDonald, Ma or
Attest:
�C4+.,
Marian K. Karr, City Clerk
?9o2L
i
I
Kl
STATE OF IOWA )
) SS:
JOHNSON COUNTY )
On this 14th day of June 1988 before me,
the undersigned, a Notary Public in and for 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 affixed hereto is the seal of said
municipal corporation by authority of its City Council of said municipal
corporation, and that the said John McDonald and Marian K. Karr
acknowledged the execution of said instrument to be the voluntary act and
deed of said municipal corporation, by it and by them voluntarily
executed.
Oary
UAo..NPublic in and for Johnson County, Iowa
88�
RESOLUTION NO. 88-134
RESOLUTION ACCEPTING SANITARY SEWER EASEMENT OVER THE WESTERLY 15
FEET OF LOT 7, HIGHLANDER DEVELOPMENT, FIRST ADDITION.
WHEREAS, the plat of Highlander Development, First Addition, was approved by
the City Council on May 22, 1984; and
WHEREAS, as development of the area proceeded, it became necessary to install
an additional sanitary sewer to serve the subdivision; and
WHEREAS, the developer has prepared and tendered to the City an easement over
the area in which the new sewer will be located; and
WHEREAS, the City Engineer's Office has approved the location of the easement
and the City Attorney's Office has approved the form of the instrument.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, THAT:
1. The City hereby accepts a sanitary sewer easement over the westerly 15
feet of Lot 7, Highlander Development, First Addition.
2. The Mayor and City Clerk are authorized and directed to execute the
Sanitary Sewer Easement, a copy of which is attached hereto as Exhibit
"A", which will be filed for record by the developer.
It was moved by Ambrisco and seconded by Strait
the Resolution be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X
X
_ —
X
--7—
X
X
Passed and approved this 14th
ATTEST:
Ambrisco
Courtney
-- Dickson
Horowitz
Larson
McDonald
Strait
of June , 1988.
Approved as to Form
X� Dc r da
Lega epartment
I
SANITARY SEWER EASEMENT
Cxkb -- A
THIS AGREEMENT, made and entered into by and between
Jomac Development Co. and Northgate Park Associates (Owner),
which expression shall include its successors in interest
and assigns and the City of Iowa City, Iowa (City), which
expression shall include its successors in interest and assigns.
WITNESSETH:
It is hereby agreed as follows:
For the sum of $1.00 plus other valuable consideration,
the receipt of which is hereby acknowledged, Owner hereby
grants and conveys to the City an easement for the purposes
of excavating for and the installation, replacement, maintenance
and use of such sewage lines, pipes, mains, and conduits as
the City shall from time to time elect for conveying sewage
with all necessary appliances and fittings for the use in con-
nection with said pipe lines, together with adequate protection
therefor, and also a right of way, with the right of ingress
and egress thereto, over and across the westerly 15 feet of
Lot 7, Highlander Development, First Addition, an addition to
Iowa City, Iowa, according to the plat thereof recorded in
Plat Book 25, page 52, Plat Records of Johnson County, Iowa.
Owners further grant to the City:
1. The right of grading said strip for the full width
thereof and to extend the cuts and fills for such grading into
and onto said lands along and outside of the said line to such
extent as the City may find reasonably necessary.
9
s: b'83
- 2 -
2. The right from time to time to trim and to cut down
and clear away any and all trees and brush on said strip and
to trim and to cut down and clear away any trees on either
side of said strip which now or hereafter in the opinion of
City may be a hazard to said lines or may interfere with the
exercise of City's rights hereunder in any manner.
3. City shall indemnify Owners against any loss and
damage which shall be caused by the exercise of said ingress
and egress, construction, and maintenance of any wrongful or
negligent act, omission of City or of its agents and employees
in the course of their employment.
Owners reserve the right to use said strips for purposes
which will not interfere with City's full enjoyment of the
rights hereby granted; provided that Owners shall not erect
or construct any building, fences or other structure, or drill
or operate any well, or construct any reservoir or other
obstruction on said area, or diminish or substantially add
to the'ground cover over said pipe lines.
Owners do hereby covenant with City that they are lawfully
seized and possessed of the real estate above described; that
they have a good and lawful right to convey it, or any part hereof.
The provisions hereof shall inure 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.
Dated this //Q-rl day of /"7L,.v , 1988.
CITY OF IOWA CITY, IOWA
By it /%fes
ATTEST:
APPW D AS TO 07
LEO L DEPARTMENT
- 3 -
JOMAC DEVELOPMENT CO.
L na H. cur , General Partner
By �'!1 i1Qts"�`
M. Dean Jones,era Partner
NORTHGATE PAR ASSOCIATES
BY SOUTHGATE OPMENT COMPANY, INC.,
a ene 1 Part
By _
STATE OF IOWA ) v
ss:
JOHNSON COUNTY
CC// )
On this 11 � day of IRLl / 1988, before me,
the undersigned, a Notary Publid in and for the State of
Iowa, personally appeared Leona H. McGurk and M. Dean Jones,
to me personally known, who being by me duly sworn did say
that they are two of the partners of Jomac Development Co.,
a general partnership, and that the instrument was signed
on behalf of the partnership by authority of all of the
partners and the said Leona H. McGurk and M. Dean Jones
acknowledged the execution of the instrument to be the
voluntary act and deed of the partnership by it and by them
voluntarily executed.
"- cNaR�san+uuEe Iz}���
?
Notary ?UbliC in a or
Johnson County, Io a
STATE OF IOWA )
ss:
JOHNSON COUNTY )
On this //& day of 9,aq 1988, before me,
the undersigned, a Notary Public in and for the State of Iowa,
personally appeared Myles N. Braverman, to me personally known,
who, being by me duly sworn, did say that the person is the
President of Southgate Development Company, Inc., a General
Partner of Northgate Park Associates, an Iowa General Partnership,
executing the foregoing instrument, that the seal affixed thereto
is the seal of the corporation; that the instrument was signed
on behalf of the corporation as a General Partner of Northgate
.Park Associates, a General Partnership, by authority of the
corporation's Board of Directors; and that he as that officer
acknowledged execution of the instrument to be the voluntary
act and deed of the corporation and general partnership by it
and by the officer voluntarily executed.
Notary Public in an or
Johnson County, Iowa
4 MY COMMISSIONugu990 CAROL&STRONRES
e
-4 -
STATE OF IOWA )
ss:
JOHNSON COUNTY )
On this 14th day of June 1988, before
me, Gina O'Donnell , a Notary Public in and for
the State of Iowa, personally appeared John McDonald
and Marian K. Karr , to me personally known, and
who, being by me duly sworn did say that they are the Mayor
and City Clerk, respectively, of the City of Iowa City, Iowa;
that the seal affixed to the foregoing instrument is the
corporate seal of the corporation, and that the instrument
was signed and sealed on beha if of the corporation, by
authority of its City Council, as contained in Resolution
No. 88-134 passed by the City
Council,
on the 14th day of June 1988, 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
Johnson County, Iowa
RESOLUTION NO. 88-135
RESOLUTION ACCEPTING SANITARY SEWER EASEMENT ON THE REAR PORTION OF LOTS
73, 74, 75, 76, 77, 78, AND 81 OF FIRST AND ROCHESTER, PART TWO
WHEREAS, Plum Grove Acres, Inc. (Developer) platted a subdivision known as First
and Rochester, Part Two, the plat of which is recorded in Plat Book 26, Page 36, in
the Johnson County Recorder's Office; and
WHEREAS, while installing the sanitary sewer along the eastern boundary of that
subdivision, in order to avoid destruction of several large, desirable trees, the
Developer located portions of the sewer line outside of the sanitary sewer easement
described on the plat; and
WHEREAS, in order to provide the City with an easement to allow maintenance of the
sewer, as built, Developer prepared and recorded a Sanitary Sewer Easement in Book
817, Pages 39-41, in the Johnson County Recorder's Office, granting to the City the
right, among other things, to install, replace and maintain the sewer line; and
WHEREAS, the sewer line has been accepted for public maintenance, but the City has
not evidenced its acceptance of the Easement; and
WHEREAS, the Sanitary Sewer Easement is in form and content acceptable to the City
Engineer.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, THAT:
1. The City of Iowa City, Iowa, hereby accepts the Sanitary Sewer Easement
recorded in Book 817, Pages 39-41 in the Johnson County Recorder's Office.
2. The City Clerk is directed to certify a copy of this Resolution and to file
that copy in the office of the Johnson County Recorder.
It was moved by Courtney and seconded by Ambrisco the Resolution
be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Ambrisco
X Courtney
R Dickson
R Horowitz
X Larson
X McDonald
X Strait
Passed and approved this 14th day of June 1988.
ATTEST:
Approved as to Form
Leg8l Department
..,_`ILI
1965 DEC -9 AN 8. 11
CILi
SANITARY SEWER EASEMENT
THIS Sanitary Sewer Easement is given by Plum Grove Acres,
Inc. of Iowa City, Iowa, First Party, to the City of Iowa City,
Iowa, Second Party.
W I T N E S S E T H
For the sum of One Dollar ($1.00) and other valuable con-
sideration, the receipt of which is hereby acknowledged, First
Party hereby grants and conveys to Second Party an easement for
the purposes of excavating for and the installation, replace-
ment, maintenance and use of such sanitary sewage lines, pipes,
mains, and conduits as Second Party shall from time to time
elect for conveying sewage and all necessary appliances and
fittings for use in connection with said pipelines, together
with adequate protection therefor, and also a right-of-way,
with right of ingress and egress thereto, over and across all
the area designated as "Sanitary Sewer Easement" on the at-
tached Exhibit "A" to this Sanitary Sewer Easement. First Par-
ty further grants to Second Party:
1. The right of grading the easement area for the full
width thereof and to extend the cuts and fills for such grading
into and on said lands along and outside of said line to such
extent as Second Party may find reasonably necessary.
2. The right from time to time to trim and to cut down
and clear away any and all trees and brush on said strip and to
trim and to cut down and clear away any trees on either side of
said strip which now or hereafter In the opinion of Second Par-
ty may be a hazard to said lines or may interfere with the ex-
ercise of Second Party's right hereunder in any manner.
1. However, this Easement is subject to Second Party in-
demnifying First Party against any lose and damage which shall
be caused by the exercise of said ingress and egress, con-
struction, maintenance or by any wrongful or negligent act,
omission of Second Party or of its agents or employees in the
course of their employment.
817 ) f 3'
gBS�
-2 -
First Party reserves the right to use said easement area
for purposes which will not interfere with Second Party's full
employment of the rights hereby granteds provided that First
Party shall not erect or construct any building or other struc-
ture, or drill or operate any well, or construct any reservoir
or other obstructions on said area, or diminish or substantial-
ly add to the ground cover over said pipelines.
First Party does hereby covenant with Second Party that it
is lawfully seized and possessed of the real estate above-
described; that it has good and lawful right to convey it, or
any part thereof.
The provisions of this Sanitary Sewer Easement shall inure
to the benefit of and bind the successors and assigns of the
First Party and Second Party herein and all covenants shall
apply to and run with the land.
DATED this 1st day of October, 1985.
PLUM GROVE ACRES, INC. S,
B uce R. Glasgow, ae�nt
7 �
BY:,
Fran Boy , vice President
and Secretary
STATE OF IOWA )
) SS:
JOHNSON COUNTY )
On this let day of October, 1985, before me, the under-
signed, a Notary Public in and for the State of Iowa, person-
ally appeared Bruce R. Glasgow and Frank Boyd, to me personally
known, who being by me duly sworn, did say that they are the
President and Vice President and Secretary, respectively, of
said corporation executing the within and foregoing instrument:
that no seal has been procured by the said corporations that
said instrument was signed on behalf of said corporation by
authority of its Board of Directors: and that the said Bruce R.
Glasgow and Frank Boyd, as such officers acknowledged the exe-
cution of said instrument to be the voluntary act and deed of
said corporation, by it and by them voluntarily executed.
®Notary FUDLIAMM for the
State
to of Iowa.
02/24-01-5
98Y
9
0
Sanitary Sewer Easement
A Sanitary Sewer Easement over and across portions of Lots 81, 78, 77, 76, 75, 74
and Lot 73, of First and Rochester, Part Two, in accordance with the Recorded Plat
thereof, the boundaries of which are more particularly described as follows:
Beginning at the Southeasterly Corner of Lot 81, of First and Rochester, Part Two,
Iowa City, Johnson County, Iowa, as Recorded in Plat Book 26, at Page 36, of the
Records of the Johnson County Recorder's Office; Thence N83.06147"W, along the
Southerly Line of said Lot 81, 9.89 feet; Thence N16.04'26"E, along a line 10.00 feet
normally distant Westerly of and parallel with the Existing Sanitary Sewer Line,
336.60 feet; Thence NO2.00118"W, along a line 10.00 feet normally distant Westerly of
and parallel with the Existing Sanitary Sewer Line, 215.84 feet; Thence N24.06147"E,
along a line 10.00 feet normally distant Northwesterly of and parallel with the
Existing Sanitary Sewer Line 122.44 feet; Thence 565.53'13"E, 10.27 feet, to a point
on the Easterly Line of Lot 73 of said First and Rochester, Part Two; Thence
525.38114"W, along *said Easterly Line 10.00 feet; Thence 54.15100"W, along the
Easterly Line of said First and Rochester, Part Two, 321.25 feet; Thence
S18.35100"W, along said Easterly Line of First and Rochester, 336.02 feet, to the
Point of Beginning. Said easement being subject to previously platted and granted
rights and restrictions of record.
#0101-092/Bruce Glasgow
11/21/85 - DEB/cas
(0101092L.04 - Disk 829)
EXHIBIT "A"
9W
I
RESOLUTION NO. 88-136
RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO
ATTEST A FIRST RENEWAL OF A 28E AGREEMENT BETWEEN IOWA CITY,
JOHNSON COUNTY, AND OLD CAPITOL CAB COMPANY FOR SUPPLEMENTAL
TAXI SERVICE.
WHEREAS, it is in the public interest to provide specialized transit
services to Iowa City residents who have special transit needs due to age
or handicap, and
WHEREAS, the SEATS supplementary taxi service is designed to provide
special transit services for persons with disabilities, and
WHEREAS, Iowa City, Johnson County, and Old Capitol Cab Company have
entered into a 28E agreement for the purposes of providing such services,
which agreement has been recorded in the Johnson County Recorder's Office,
and
WHEREAS, a first renewal agreement has been negotiated by said parties in
order to continue delivery of specialized transit services to Iowa City
residents, and a copy of said renewal agreement is attached and by this
reference made a part hereof.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA:
1. That the Mayor is hereby authorized to sign and the City Clerk to
attest said renewal agreement.
2. That the City Clerk is directed to file said renewal agreement with
the Secretary of the State of Iowa and the Johnson County Recorder as
required by Chapter 28(E), Code of Iowa.
It was moved by Ambrisco and seconded by Strait
the Resolution be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Ambrisco
X Courtney
X Dickson
X Horowitz
X Larson
X McDonald
X Strait
Passed and approved this 14th day of une , 1988.
MAYORAdL
�
ATTEST:�Jj Ap r (ed a t Form
CCI Lee ✓ G/8/8�
Legal Department
O
9
i
FIRST RENEWAL OF 28(E) AGREEMENT FOR SUPPLEMENTAL TAXI SERVICE
This first renewal agreement is entered into by and between the City of
Iowa City, Iowa, and Johnson County, Iowa, both municipal corporations;
and Old Capitol Cab Company of Iowa City, Iowa.
Whereas, the parties hereto wish to renew their agreement for supplemental
taxi service which is recorded in Book 957 at page 269 in the Office of
the Johnson County Recorder:
Now, therefore, be it agreed by and between the City of Iowa City, Iowa,
Johnson County, Iowa, and Old Capitol Cab Company as follows:
1. The first renewal term of the 28(E) agreement referred to above shall
commence July 1, 1988, and continue for one year through and including
June 30, 1989.
2. In all other respects the original agreement between the parties
remains in full force and effect.
3. This renewal agreement shall be filed with the Secretary of the State
of Iowa and the County Recorder of Johnson County, Iowa.
Bated this 13 day of 1988,
TN CITY OF IOWA CITY, IOWA JOH ON COUNTY, OWA
w l��
n McDonald, Mayor Don Sehr, a rperson
Board of Supervisors
ATTEST: ATTEST:
CityL I erk County Auditor
OLD CAPITOL CAB COMPANY
i
jItfiarries Goss, en•
i
y � m FORM4
LEGAL DEPARTMENT
I
JCCOG memo
rOO
DATE: 7/13/a v
TO:FROM:
A-tetdw axA-
J-/- ecuwz� d
C&�-M a
8E5
A
it
N V
r4AY Of
.5`1:CR1Zy or S'e.eri
STAT1 muosu
STATO or 10AVA
Urti \for so:v 503111
July 19, 1988
Marian K. Karr, CMC
City Clerk
City of Iowa City
Civil Center, 410 E. .Washington St.
Iowa City, Iowa 52240
RE: Transit Services Agreement between the City of
Iowa City, Johnson County and Old Capitol Cab
Company for providing specialized taxi service
for persons with disabilities.
Dear Ms. Karr:
51G-.81-58(#
We have received the above described agreements) which
you submitted to this office for filing, pursuant to the
provisions of Chapter 28E, 1987 Code of Iowa.
You may consider the same filed as of July 19, 1988-
Ddne Baxter
Secretary of State
EB/k1
r
r �
CITY OF IOWA CITY
CHIC CENTER 410 E. WASHINGTON ST. IOWA CITIY. IOVVA 52240 (3'19) 356-5CCO
RESOLUTION NO. 88-137
RESOLUTION AUTHORIZING AN APPLICATION TO THE UMTA SECTION 3 PROGRAM.
WHEREAS, the City of Iowa City has undertaken to provide its residents
with a public transit system; and
WHEREAS, a regular program of transit capital equipment replacement is
necessary to ensure the provision of public transit service; and
WHEREAS, UMTA Section 9 funds are not available in sufficient amounts for
transit capital purchases which are required in FY89.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF IOWA CITY, IOWA:
1. That the JCCOG Transportation Planning Division is authorized to file
an application to the UMTA Section 3 program for FY89 projects which
cannot be funded from the Section 9 program.
2. That the City Manager is authorized to act as signatory in behalf of
the City on all application documents.
3. That the City Manager is authorized to sign contract documents if
funds are granted.
4. That said Section 3 application may be filed in conjunction with
requests for Section 3 funds by other Iowa transit systems.
It was moved by Ambrisco and seconded by Strait
the Resolution be adopted and upon ro 1 call there were:
AYES: NAYS: ABSENT:
x Ambrisco
x Courtney
R Dickson
X Horowitz
x Larson
X McDonald
X Strait
Passed and approved this 14th day of June , 1988.
M YOR �.
ATTEST:PA;A„J J. I�AA J A ro ed Form
CITY CLERK hu
Legal Department
9
RESOLUTION NO. 88-138
RESOLUTION AMENDING BUDGETED POSITIONS IN THE TREASURY DIVISION
OF THE FINANCE DEPARTMENT.
WHEREAS, Resolution No. 87-47 adopted by the City Council on March 10,
1987, establishing an operating budget for FYB8, authorizes all permanent
positions; and
WHEREAS, Resolution No. 88-39 adopted by the City Council on March 8,
1988, establishing an operating budget for FY89, authorizes all permanent
positions.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA,
that effective June 15, 1988:
The authorization of personnel in the Treasury Division of the Finance
Department be amended by:
a. The deletion of one full-time Cashier - Treasury position.
b. The addition of two part-time Cashier - Treasury positions.
It was moved by Strait and seconded by Horowitz the
Resolution be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Ambrisco
x_ Courtney
x_ Dickson
_ x Horowitz
_ x Larson
x_ McDonald
_ x Strait
Passed and approved this 14th day of June 1988.
OR
�/
Yo ed as Farm
ATTEST:%rw.nwf� 9S . la.'j
CITY CLERK Legal Department
g 87
0
E
P
City of Iowa City
MEMORANDUM -
Date: May 17, 1988
I
I
To: City Council
I
From: Rosemary Vitosh, Director of Finance (� gF@Ja¢v
Re: Change in Authorized Position - Treasury Division
The recent reorganization in the Treasury Division prompted two internal
promotions and resulted in a vacancy in the Cashier's position. Kevin
O'Malley, Assistant Finance Director, and I now propose that the Cashier's
position be made into two permanent, part-time positions.
As you will recall, we are eliminating one full-time Clerk Typist and
reducing another Clerk Typist to half-time effective July 1, 1988, due to
technological changes in processing utility bill payments and in the data
entry of parking tickets. We now plan to modify the processing of parking
ticket bill payments in the same manner and anticipate this will allow the
elimination of the remaining half-time Clerk Typist position mid -year in
FY89.
We also recommend that each part-time cashier position be scheduled to
work 41 hours per day or 221 hours per week. This will alleviate the need
to provide lunch hour coverage and provide more flexibility for the
Treasury Division in scheduling. The half-time Clerk Typist position,
scheduled to be eliminated, is budgeted for the full year in FY89.
Because of this, the budget will be sufficient to cover the extra five
hours per week created by the two part-time Cashier positions. One
position has been vacant in Treasury since April 1. Therefore there is
also sufficient funding in this fiscal year's budget to cover the addi-
tional five hours per week.
1
A resolution appears on your June 14, 1988, agenda to eliminate the
permanent, full-time Cashier position and to create two permanent, part-
time Cashier positions (each scheduled to work 221 hours per week).
i Please contact me or Kevin O'Malley with any questions.
bJ/pc2
i
6
RESOLUTION NO. 88-139
RESOLUTION AMENDING THE ADMINISTRATIVE AND AFSCME CLASSIFICATION
PLANS BY ADDING ONE FULL-TIME ADMINISTRATIVE POSITION IN THE
DEPARTMENT OF PUBLIC WORKS AND DELETING ONE HALF-TIME EQUIVALENT
POSITION IN THE ENGINEERING DIVISION, DEPARTMENT OF PUBLIC
WORKS.
WHEREAS, Resolution 88-39, adopted by the City Council on March 8, 1988,
authorized permanent positions in the Department of Public Works for
fiscal year 1989, and
WHEREAS, Resolution 87-47, adopted by the City Council on March 10, 1987,
authorized permanent positions in the Department of Public Works for
fiscal year 1988, and
WHEREAS, Resolutions 87-108 adopted by the City Council on May 12, 1987,
and 87-127 adopted by the City Council on June 2, 1987, established
classification/compensation plans for Administrative and AFSCME employees,
respectively, and
WHEREAS, it is necessary to add one administrative position for the
purpose of managing the sewer construction portion of the Iowa City
Wastewater Facilities Construction project, and
WHEREAS, a Civil Engineer position authorized for the first half of fiscal
year 1989 will become vacant with no existing need to fill this position
in the interim.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA,
that the authorization of personnel in the Department of Public Works be
amended as follows:
The addition of one full-time Special Projects Manager in Public
Works Administration, effective May 14, 1988.
The deletion of one half-time equivalent Civil Engineer position in
the Engineering Division.
BE IT FURTHER RESOLVED THAT:
The Administrative pay plan be amended by the addition of a Special
Projects Manager position, grade 55, effective May 14, 1988.
a
-2 -
It was moved by Strait and seconded by Horowitz the
Resolution be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Ambrisco
X Courtney
X Dickson
X Horowitz
X Larson
X McDonald
X Strait
Passed and approved this 14th day of June 1988.
��
AYDR
Appo e s o orm
ATTEST: �/. i 4:+t a G��G�P�
CITY -CLERK Legal Department
City of Iowa City
MEMORANDUM
Date: June 8, 1988
To: City Council
From: Rosemary Vitosh, Director of Finance
Re: Issuance of Duplicate Bearer Bonds
The City has been notified by a bondholder that he has lost the bond and
coupon certificates for $50,000 of Iowa City Parking Revenue Bonds, Series
1978. Since these bonds are bearer bonds, the bond certificate and cou-
pons must be remitted before the City can make interest and/or principal
payments. In discussing how to handle this matter with our Bond Counsel,
he recommended that the City adopt formal procedures regarding the issu-
ance of duplicate bonds to replace lost, stolen or destroyed bearer bonds.
These procedures must provide for replacement in a manner which will
protect the City from financial loss should the original bonds be pre-
sented for payment at some time in the future.
The ordinance provides for four steps of action. First, the bond owner
must provide the Director of Finance with satisfactory evidence of proof
of ownership and of loss of bonds and coupons, in addition to providing
the City with a satisfactory surety bond which indemnifies the City in the
event any or all of the original bonds or coupons are presented for pay-
ment. Second, the City, and more specifically the Controller, is author-
ized to proceed with the printing of duplicate bonds and coupons at the
bond owner's expense. Third, the original bond numbers are to be voided
and the replacement bonds issued with new bond numbers. Fourth, in the
event that any of the original bonds or coupons are presented to the City
for payment, or if the City shall incur any expense or liability by reason
of refusing to honor the original bonds or coupons, the indemnity bond on
file shall be immediately enforced.
The situation at hand is that of a bondholder who has lost ten $5,000
parking revenue bonds. The future scheduled interest payments on these
bonds amount to $41,875, in addition to the principal payment of $50,000
which is payable on the bond maturity date of July 1, 2000. In working
with this bondholder, I have required that he provide a surety bond of
$95,000. This would be sufficient to cover total principal and interest
payments due in the future plus provide an amount to cover any expenses
incurred by the City should the original bonds be presented for payment.
The bondholder has already provided me with proof of ownership and loss.
He is currently in the process of securing the required surety bond and
anticipates being able to finalize that purchase prior to the end of this
month.
6
Once the Council adopts the ordinance which sets procedures for issuing
the replacement bonds, and documentation is received that the surety bond
is in place, we can proceed with the next scheduled interest payment on
j the bonds which will occur on July 1, 1988. In order to meet the next
scheduled interest payment, I request that you give the ordinance two
readings at your June 14, 1988, meeting and the final approval and third
reading at your June 28, 1988, meeting. Please contact me with any ques-
tions.
RV/sp