HomeMy WebLinkAbout1987-09-22 Resolution•o'
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-- of the North ... I Quarter
-----_�anc)Pal Meridian: Thence
zT a.,th...I Quarter of Section
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-- 11.]2 toot chord be
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foot radius curve• eon¢eve
Point on sold East Line of
_ - T !20 feet. to the Point of
-- — -v or len. and is subject to
'--� ttlon of the city of lova
land Platted hereon. the
- —• or the Northeast Quarter
_inelp.l Meridian; Thence
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- — _ ID -a •Ion2 recd Centerline
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ehov
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-, ,- IOD.00 feet. alar¢ said
, N,ose 100.01) foot chord
y --r easterly 11.32 feet, alone
12.32 (oat chord Deus
Wester of Section 12:
_ 'xcd tract of land canto ins
-- - —•-tions of Record.
-_von of the survey and all
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SEC 12•T19u•aNw
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4r4Mlr Snle
1 certify that durinr thr P rth of Ne vee brr. 1984. at the mrrn ion n! tnr Clry D! !own
bound a surveywas .atle under a. supervision. of the tree' o. !end Platted hereon. the
bounder les of whirl: are as :ori11
EON-vn[lOr et o 5/8 Inch Iron NO found at the Southeast Corner of the SO,th,b st Durr, e}
of Section 12. Township T9 North. Rance 6 Vest of the 5th Principal Meridian; Thenyl
NDD•35'42'L. Is Rrrorded Hearing) along The Fast Line of said Northeast Quarter of Section
12. 262.25 feet; Thence N09'24'I8'6, SD.DO feet; Thenre Northwesterly 138. TT feet, alonr a
250.43 font radius cun•r. eoncav'e Northeasterly, whose 137.00 font Chord bears
Nt3.31.43'N', to a Point no the Centerline of La Lsti., Lower Nest Branch Road: Tnenre
WestS32*branch'. 25.00 feet. to a Point On the SDathwesteri)' Right -Of -Na I' Line of Sold Lower
Nes[ Branch Road, -drab is the Point of Perinninr; Thence SOutheesterly 153.13 feet. alocr
e 235.43 foot rad curer, cnnrave Northeasterly, whose 154.15 font cheld bears
the•D1 rheas toe Point -hick. is 50. DO Ieet unrsallS' distant Nest rely If sale East Line n!
the Northeast Quarter of Senile: 12; These $OD•35'42^N'. 50.23 fret; Thenre N5T•39'lrk,
1T4.W feet, to the Point 0! Neglnninr Sold tract of land contalm 2h" sOuarr feel'
en ,
awe or !Pas, and i4 subject to eu4eaenls end rratrlctlon5 0! Bernell
Z further certify that the Piot as show, is a correct represematlou of the survey end a!!
corners her narked as Indicated.
Robert D Mickel I: PeC. No. ^U3F � Uate
Subscribed to and sworn before .. this }+�
day of 5 •y ��
THE CITU ne 1n.7w,—
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a VACATION LEGAL DCSCRIPI ION
5 (PORTION OF LerCA NEST BRANCH ROAD RIGHT -OF -NAY)
rowwrnd n[ at a 5/8 Inch Iron Pin found at the southwest Corner of the
r Northwest Quarter of Section 7, TOwn.hJP 79 North. Range 5 Nee. of the 5th
.. Princlyel Rerldl.n: Thence MD095'42•E. IA Neeorded U.rin[1 clone the West
Line of said North wen Quer ler of secs o. T, [07.]5 feet. to Jr.
Inleneetlon with the Cent a rllnr of 41.11 sae Lows Men Branch Road; Thence
SST yD'Ip•E. alOnr said CenterJ)ne of 41.1.1.8 Lower Nee. Branch Poad.
66.61 feet to A Point which le 50.OD feet aoraally db tent Easterlyof . 54.41
said
Meat Llne of the Northwest Quarter of Section 7; Thence MOO.35'42-L
fort to • Perot on the Northerly Rleht-of-yey Lt., of Ole tl ear Lower West
Branch Roed, which le 50.00 feet novel lY distant Easterly of old Nest
Line of the Northwest charter. and b 33,00 feel ndnollY distant 1
NonhenlerlY of .old C,Dt.,llD, of Existing Lower Neat Search Road. And
which Point Is the Point of 8"IDDI.F: Thence SS7•]9.30-E-slope said
Northerly Rllht-of-WY LT., of EA Jailor Lower Nest Branch Read. 127.13
feet, t. • Perot which 1. 55.00 felt Dorsally distant North...terly of aid
Lower Nen Branch Road Centerllne; Thence Northwesterly 114.61 feet, sloug 1
a 255.00 tootradiuscurve, Connur Southwesterly, who.r 110.45 fool chord I
bean 07I.44.46•N, to • Point which Is MOO feel ..easily distant Gnarly 1
Of Aid Nast Line of the North.,. Quarter of Section ]; Thence
100.35'42•E. 52.46 feet• to the Vlot Df Berlsal saOf1. Said Ind .f land
eonulns 1]2] square Recor feel sore or leu. and le AubJeet t0 en oen4 And
restrictions of Petard. '
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VACATION LEGAL I
(PORTIONFSCOTTBOULEVARDRIGHT-OF-MAV) 4101`//L
Couenet n8 at o 5/6 Inch DID found As the southwsat Corner of the perthwntw P
War I" of Section 7. TOwp.blP TO North, Range 5 Neel of the Slh Per ntl Pel
Merldlan: Thence NoO.35'42-E. (A Recorded pstripe) along the Meat Line of
said Northwest Quarter of Secllon T 12]1.1] fee.. to the Polar of
6e1lnnlor; Thence FDO.35'42-E. T4. D5 feel: none, M76•32.32 -E, 34.01 feel:
Thence 500.35'42'X. 215.19 feel. Thence Northweslerly 156.14 feel, done s
105D.00 foot radius Curve. CODCA,, S.uthwrnerly. whose 136.04 (..1 Chord
bears N13.26.37•N, to the Point of Be0lnnl.e. Said tract Of lend conte ins
4586 spuere feel, sore or leer, and IC eub)en to ......D, and
nstrletlonr of Record.
1 lerllfl' (het duNnC the ansate Of StPleaber. ]95(. el IN, dhren mn of
Ihr Clty of Io.. Cl.. • euruIv wet ...r uncle q' ruRreluon. of the
trait of land Plat. rd hereon. the boundaries o! t..IC, are et follow.:
Coue.tire at e Ye Intl, Iron DID found at the Southwest corner of Ihr
.Northwest Quarter of S -M -D T To..ah1P 7-9 North, AD,,, ! Xr.1 of Ihr
511, Principe I Merldlan: Thence gOD•35`42-E. IA Relordrd Fee rf eel eran
Nr Next line of Cold Northwest quarter of Setu On T. 20: C
.]6 feel. 1st
IU InenectlOn "in ler elrterllne of talsgrt
nr Lower seat bre saris Role
end whit" Polnl 11 the TOM of BrrinnJr, There, X00.35'42-,, alone
se to Neat Llnr of Isar Northwest Currier Df Seet lOn IOW .pA (etc:
"Iftee South'.111rA ]25.3( feet, door a LD50 OD foot ream. luno.
nonle nernt 10 tsar Drrcerelnf course, and tdnreee southwest ertf. whose
324.04 !-ct lE:rd been SC6.16'53-E: Thence SDDtl5.4C-N. 174.6: feta. nce
e Point In the C.nwlm, of 'old Lower %111 Brsnrh Fad. Tne
N50•]B'IN'X. alonC aold fen le rl tsar. 56.P1 feel to IM PDrnt of
berinnlnr. Sold Vett of lend eon[stm 4[.663 ..u-" feet. Anre or less.
no la Cublerl to eeso..1. end re ate lIIJ-11 of Rrrnrd
I further leruf, that the elel e, shown la a rOu ret re Prnrn lellml n!
the avrrry and All corer.. ere ...Fed as Ina [n re.
1 da
56
eau. Ch C.r.Pw ua)
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1 further (Irllf)' Ihst in, Plot a giOwn . A ..nett
r 1RPres en t ellur. e!
lhl' .Yev and ell r4rnrn are --Ih,d ex lndl(el rd.
Robot D.•Flop]soo� per 5n 7DU. O.T,
50-1c Nl•rd 1. end 4.n, belon r Ilea i+A say o!
19 j V
N'cte n' Pu L11.. m and ill it..Six:• of IowC _gyp
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PREroEFIT TTLEHe..DFA: OWIA, 4CDVC AGiL•a
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SCOTT BOULEVARD IMPROVEMENTS PROJECT
MUTUAL BENEFIT AGREEMENT
September p , 1907
Paul S. Lumpa, Phyllis Lumpa, Mabel Hobart, Howard W. Hobart, Robert D.
Lumpa, and Dorothy L. Lumpa (herein designated as Seller) and the City of
Iowa City, Iowa (Buyer), hereby agree to the following with respect to the
purchase of the real estate situated in Johnson County, Iowa, legally de-
scribed on Exhibit A hereto (hereinafter referred to as "the Property"),
together with any easements and servient estates appurtenant thereto, for the
consideration described below.
i 1. SCOTT BOULEVARD IMPROVEMENTS PROJECT. This Agreement is being made in
i lieu of condemnation in connection with construction of the Scott Boule-
vard Improvements Project. Said project shall consist of 31 foot wide
pavement, all necessary storm sewer and other improvements that the City
Council deems appropriate in connection with that project.
2. CONSIDERATION. In consideration of the Seller's conveyance of the
Property to the City, the Buyer shall pay $30,000 in cash to Seller.
As additional consideration:
A. The City agrees that it will waive collection of any special assess-
ment which would be charged against Seller's remaining property in
connection with the Project.
B. Buyer shall vacate the existing Scott Boulevard right-of-way and
shall convey to the Seller the westerly portion of the right-of-way
as legally described on Exhibit B (hereinafter referred to as the
"Vacation Parcel').
C. The City shall pay to Seller an additional il,ODO to be applied to
construction of a fence along the east line of the Vacation Parcel.
FA
B. Buyer agrees that, at such time as Seller's remaining land is devel-
oped, it will allow Seller to have reasonable access onto Scott
Boulevard for streets within the development.
3. CONVEYANCES AND TRANSFERS OF POSSESSION,
Seller agrees to convey the Property to Buyer on or before September 30,
1987. Upon completion of the Scott Boulevard Improvements Project, Phase
III, Buyer shall complete necessary action to vacate and convey to
Seller the Vacation Parcel. At the time of delivery of the deeds, the
recipient shall be entitled to Possession of the property being conveyed
to such party.
I
4• TAXES AND SPECIAL AS5ESSMENTS. Seller shall pay a pro -rata portion of
the real estate taxes payable in 1988.89 on the Property for the fiscal
Year beginning July 1, 19881 and all taxes for prior years. The
proration of taxes shall be based upon taxes paid or payable on the
Property during the current fiscal year and the time from Jul 1,
i
to the date of actual y 1
Possession by Buyer. If the Property 1s part off a a
larger tax parcel, the portion of taxes allocable to the Property shall
be a pro -rata portion of the taxes on the land.
Buyer represents and warrants that no taxes are currently payable on the
Vacation Parcel, but that it will indemnify Seller for any taxes which
may be assessed against that real
estate for any period prior to the
date of the conveyance to Seller.
Seller shall pay all special assessments which are a lien on the Prop-
erty on the date of this Agreement. Buyer shall pay all other special
assessments,
5. ABSTRACTS AND TITLES. Seller shall promptly furnish to Buyer for
Buyer's inspection an abstract of title to the Property, continued to
the date hereof. The abstract shall become the property of the Buyer at
r
3
the time of conveyance and shall show merchantable title in conformity
with this Agreement, the land title law of the State of Iowa, and Iowa
Title Standards of the Iowa State Bar Association.
6. CLOSING COSTS. Buyer agrees to pay all costs necessary and incident to
transferring the properties described herein, including abstracting,
documentary stamps, recording fees, and not more than $500 of the fees
of Seller's attorney in connection with this transaction.
7. EXISTING TENANCIES. Seller warrants that there are no persons having
leasehold interests in the Property, that they have sole possession
thereof, and the Property Is being sold free of leasehold rights of
others.
0. TEMPORARY CONSTRUCTION EASEMENTS. Seller agrees that Buyer, in addition
to the other interests herein, and without further consideration shall
have all reasonably necessary temporary construction easements Over
their remaining property, and any required permanent storm sewer ease.
ments, necessary to complete work on the Scott Boulevard Improvements
Project.
9. DEED. Seller shay. convey title to the Property by General Warranty
Deed, with terms and provisions as per the form of such deed approved by
the Iowa State Bar Association, free and clear of liens and
encumbrances, reservations, exceptions or modifications, except as in
this Agreement otherwise expressly provided. All warranties shall
extend to time of acceptance of this offer, with special warranties as
to acts of Seller up to the time of delivery of deed.
Buyer shall convey title to the Vacation Parcel by quit claim deed with
terms and provisions as per the form of such deed by the Iowa State Bar
Association.
10. SELLERS. The individual Seller's spouse, if not a titleholder immedi.
ately preceding this Agreement, shall be presumed to have executed this
agreement only for the purpose of relinquishing all rights of dower,
4
homestead and distributive share and/or in compliance with Iowa Code
Section 561.13; and the use of the word "Sellers" in this Agreement,
without more, shall not rebut such presumption, nor in any way enlarge
or extend the previous interest of such spouse in said property or in
the sale proceeds thereof, nor bind such spouse except as aforesaid, to
the terms and provisions of this Agreement.
11. TIME IS OF THE ESSENCE. Time is Of the essence in this Agreement.
12. REMEDIES OF THE PARTIES - FORFEITURE - FORECLOSURE.
If either party fails to fulfill this Agreement, the other may forfeit
the same as provided in the Code of Iowa. In addition to the foregoing,
Buyer and Seller each shall be entitled to any and all other remedies,
or actions at law or in equity, including specific performance, and the
party at fault shall pay costs and attorney's fees, and a receiver may
be appointed.
13. APPROVAL OF COURT. If the Property is an asset of any estate, trust or
guardianship, this Agreement shall be subject to Court approval, unless
declared unnecessary by the Buyer's attorney. If necessary, the appro-
priate fiduciary shall proceed promptly and diligently to bring the
matter on for hearing for Court approval. (In that event, a Court
Officer's deed shall be used in lieu of the General Warranty Deed de-
scribed above,)
14. CONTRACT BINDING Oil SUCCESSORS AND INTERESTS. This Agreement shall
apply to and bind the personal representatives and successors in inter-
est of the respective parties.
I 15. CONSTRUCTION OF WORDS. Words and phrases herein, including any acknowl-
edgment hereof, shall be construed as in the singular or plural number
.o•
and as masculine, feminine or neuter gender, according to the context.
I
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5
CITY OF IOWA CITY, IOWA, BUYER
By:
t I I lam J. Ambrisco, Mayor
ATTEST:
City Clerk
STATE OF IOWA )Roeeivad i Approved
SS:
By The logal Deparlrnana
JOHNSON COUNTY
On this day of 19 before me, the undersigned,
a Notary --N Tc in an or sal ate, personally appeared William J.
Ambrisco and Marian K. Karr, to me personally known, who being by me duly
sworn, did say that they are the Mayor arid 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 William J.
Ambrisco 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.
Notary Public in he tate o owa
STATE OF IOWA )
) 53:
COUNTY OF JOHNSON )
On this Bch day of September. 1987, before me, a Notary Public In
and for the State of Iowa, personally appeared Howard W. Robert and Mabel E.
Ilobert, husband and wlfc, Paul S. Lumpa and Phyllis M. Lumpa, husband and
wife, and Robert D. Lumpa and Dorothy L. Lumps, husband and wife, to me
known to be the persons who executed the foregoing Instrument and acknowl-
edged that they executed the
,o•
r
Exhibit A
found at the Southeast Corner of the North-
Comnencing at a 5/8 inch iron pinip 79 North, Range 6 West of the 5th Prin-
east Quarter of Section 12, Twnst E (a Recorded Bearing) along the East Line
cipal Meridian; thence N DO°35'4P/ ion 11, 207.25 feet, to its intersection
of said Northeast Quarter of Sec{. ower West Branch Road; and which Point is
with the Centerline of Existing 1P 7039'18' W. along said Centerline of Lower
the Point of Beginning; thence N thence N 32020'42" E, 35.OD feet; thence
West Branch Road, 213.76 feet; a 215.43 foot radius curve, concave North -
Southeasterly 119.38 feet, along bears S 73°3]'48" E; thence N 00035'42" E,
easterly, whose 117.86 foot chord 304.60 feet along a 950.DO foot radius
633,72 feet; thence Northwesterl se 303.29 foot chord bears N 08035'25" W;
curve, concave Southwesterly, whl, to a Point on the Centerline of Existing
thence N 17046'32" W, 372.36 fMkerly lOD.00 feet, along said Centerline on
Rochester Avenue; thence Northeas fare Southeasterly, whose 100.OD foot chord
a 5,729.58 foot radius curve, conV6'32" E, 372.36 feet; thence Southeasterly
bears N 72°13128" E; thence S 17 radius curve, concave Southwesterly, whose
11.32 feet, along a 1,050.00 foot/ E, to a Point on the Easterly line of said
11.32 foot chord bears S 17°28'00 thence S 00035'42" W, 1,063.86 feet, to the
Northeast Quarter of Section 12; land contains 2.33 Acres, more or less.
Point of Beginning. Said tract of
r
Exhibit 8
Commencing at a 5/8 inch iron pin found at the Southeast Corner of the North-
east Quarter of Section 12 Township 79 North, Range 6 West o1 the 5th Prin-
cipal Meridian; thence N ODb35'42" E (a Recorded Bearing) along the East Line
of said Northeast Quarter of Section 12, 1,271.13 feet, to the Point of
Beginning; thence Northwesterly 11.32 feet, along a 1,050.00 fgot radius
curve, concaveSouthwesterly, whose 11.32 foot chord bears N 17 28'OD" W;
thence N 17046'32" W, 93.57 feet; thence N 00035'42• E, 257.62 feet, to a
Point on cne Southeasterly Right -of -Way Line of Rochester Avenue; thence
Northeasterly 34.49 feet, along said Southeasterly Right -of -Way Line on a
5,696.58 fool radius curve, concave Southeasterly, whose 34.49 foot chord
bears N 73c43104" E, to a Point on said East Line of the Northeast Quarter of
Section 12; thence S 00035'42" W, 367.20 feet, to the Point of Beginning.
Said tract of land contains 10,308 square feet, more or less, and is subject
to easements and restrictions of Record.
•
SCOTT BOULEVARD IMPROVEMENTS PROJECT
MUTUAL BENEFIT AGREEMENT
Bruce R. and Florence E. Glasgow(hereinafter
July IBB1
The City of Iowa City, low,, herebyagree to a the rfollowin ted as Grantor) and
D g with respect to a
temporary construction easement, Which is attached hereto as Exhibit A (herein-
after referred to as 'the Easement-).
I. SCOTT BOULEVARD IMPROVEMENTS PROJECT. This Agreement is being made in
lieu of condemnation and assessment in connection with construction of the
Scott Boulevard Improvements Project. Said project shall consist of 31
foot wide pavement, all necessary storm sewer and other improvements that
the City Council deems appropriate in connection with that project.
2. CONSIDERATION. In consideration of Grantor's conveyance of the Easement
to the City, the City agrees that it will waive collection of any special
assessments Which would be charged against Grantor's property in connec-
tion with the Project.
As additional consideration, the City shall vacate and convey to the
Grantor that portion of the existing Lower Nest Branch Road right-of-way
situated in Johnson County, Iowa, which is legally described on Exhibit C
hereto. Upon completion of the Scott Boulevard Improvements project,
Phase III, the City shall convey title to the Vacation Parcel by quit
claim deed With terms and provisions as per the form of such deed by the
Iowa State Bar Association.
3. EXISTING TENANCIES. Grantor warrants that there are no persons having
\ leasehold interests in the Easement area, that they have sole possession
\ thereof.
4. TIME IS OF THE ESSENCE. Time is of the essence In this Agreement.
.P'
•
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2
S• CONTRACT BINDING Oil SUCCESSORS AND INTERESTS. This Agreement shall apply
to and bind the personal representatives and successors in interest of the
respective parties.
O• CONSTRUCTION OF WORDS. Words and phrases herein and in the Easement
Agreement, including any acknowledgment hereof, shall be construed as in
the singular or plural number and as masculine, feminine or neuter gender,
according to the context,
B -V
Bruce R, G asgow CITY OF IOWA CITY, IOWA, BUYER
By;
orence asgow BY:
VffTIF., n sca,ayor
ATTEST:
C Y er
STATE OF IOWA I
JOHNSON COUNTY SS:
On this day of
Notary p31'ic in a or sat a 19 before me, the undersigned, a
and Marian K. Karr, to mp tea' per'so�a y appeared William J. Ambristo
that they are the Ha or erPersonally known, who being by me duly sworn, did say
hereto ration executing the within Cit
for gofngspinstirument Ofthal thesaid n sea]affixedCouncil is the Of saidsal of municipalsaid
icorporation, and al Athan the by
authority
Wil Liam of its City
and Marian K. Karr acknowledged the execution of said instrument to b the
voluntary act and deed of said mun lc ipeI corporation, by it and by them voliun.
tartly executed,
STATE OF IOWA
JOHNSon COUNTY SS:
On this 1e day ofp
the State o Iowa, erso e y appeare
known to be the person who executed t
that he executed the same as his volunt
WCOYYisLMtUHatA f
4WSM ), _9a 1
Notary publ c in the Slate of Iowa
, 1987, before me, a Notary public for
he foregoing instrument, aorence E nd acknowledge
dry act an deed /ems
o dry u/ c n e a o owa
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s
E1711RIT C
11E Com, we Y4,
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Br'y t••15o.4]' it 4Wx
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L� L.. 13anT• I H N
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us
I certify that during the south of Weveeber. JOBS, at the direction of the City of Iowa
City. O Survey Woemade under ay oupervlrlon, of the tract of land Platted hereon. the
bouodarlw, of thigh are as follow,:
CDWoenclot at a SR Ila Iron ale found at the eoutbeest-Caraer of the Northeast Quarter
Of Nctloo It. Township 76 North, "a6 Nest of the 5th Principal Merldian; hence
11009
5'42"E. lA Recorded haring) along the fart Line of aid Northeast Quarter of Section
12, 252.25 feet: Thence NaD•te'Ig•W, 50.00 feet; Thence Northeasterly 175.77 feet. along e
250.43 foot radius curve, concave Northeasterly, whose 157.00 foot chord hears
117791443•W, to a Point on the Centerline of 4leting Lover Nest branch Road; Thence
932'20'11"W, 75.00 feet. to • Point on the SOuthweeterly Right -of -Way Line of told Lower
West Nranch Road, which Is the Point of begloning; Thence Southeasterly 165.17 feat, along
a 195.67 foot radius curve, concave Northeasterly, who@' 156.15 foot chard Mars
N7591V6-E• to • Point which Is $0.00 feet normally distant Westerly of said East Line of
the Northeast Quarter of Section 12; Thence 600.75.62"W. 60.11 feet; Thence M57 -3D'16 -W,
176.67 fest, to the Point H beginning. Mid tract of land contains tS74
Nor, or Ln, and le wh Quare feet,
lett to naWonts am restrictions of Record.
1 turther certify that the Plot as shown to a correct representation of the survey and all
aaraarw are WorkedId
a luted.
G
Robert D. Mickel o Reg. Mo. 7075 Date
Subscribed to and sworn before we this /1�—
day of
THE CITY n
10
.<"' � , p, "� spa,,,,,•,.
` 7O36 o.z�
WP
w,0 SUMTO"'-i
l arw�rwn tn.r
(! nrun loo .ar
ut.[McctCITY
6Mn•IneRY WtYCY Auh
t.eaal-ocutlonnr.l
r
MMS Cp5UL7eH1IMM1
7C
LrTYrei'339•C4
,o•
V
EA)IIBIT A
TEMPORARY C014SIRUCTIOII EASEMENT AND COVEN411T
Witnesseth:
Whereas,
THE UNDERSIGNED, Grantors stated that they are the owners of certain real
estate to -wit as described in Exhibit 'B" attached to this easement and by
this reference made a part hereof.
Now, Therefore,
For and in consideration of the sum of One Dollar (SI.DD) and other good and
valuable consideration, receipt of which is hereby acknowledged, and waiver
of collection of any assessment associated with the Scott Boulevard Improve-
ments Project, Phase 111, Grantors do grant and convey to the City of Iowa
City, Iowa, an easement and right of entry and encroachment over the real
estate described in Exhibit I'll" attached hereto, for the purposes of
construction of the Scott Boulevard Improvements Project, Phase 111, to the
City of Iowa City, Iowa.
This grant conveys to the City of Iowa City, Iowa, its agents, employees, and
contractors employed by the City for the construction of said improvements,
the right to enter and encroach upon the real estate described for the period
of construction of the improvement and is for the purpose of installing the
paving improvements or structures related thereto and may include storage.of
equipment or materials on said real estate and also includes the preparation
of a suitable bed on private property and the fertilization and seeding of
disturbed areas all as provided in the plans and specifications of said
project.
As further consideration for the grant of said easement, the City of Iowa
City, Iowa, agrees to fine grade said real estate per the plans and specifi-
cations and to seed on those areas damaged or disturbed by construction
activities. In the event any additional damage is caused to said real estate
by the negligence of the City of Iowa City, lowa,.or its employees, the City
agrees that said damage will be repaired or compensated.
Dated at Iowa City, Iowa, this _ day of , 19
GRANTORS
ra ace asgow
lorj!Lei�f�
Florence G asgow
CITY OF IOWA CITY, IOWA
William br S[o,ayor
ATTEST:
City Clerk
STATE OF IOWA I
) SS:
COUNTY OF JOHNSON )
On this llchday of September , 1987 , before me, the undersigned, a
Notary REITc in and or e State
of Iowa, County of Johnson, personally
appeared Bruce R. Glnagov and Florence L. Clnagoa , to me known to be
the identica persons name in and who executed the—foregoing instrument
and acknowledged that they executed the same
/was their
Voluntary act and deed.
o aryu cPt to and ori the a a orra
My commission expires at.aur
Re<alved It APPrnvee
BY t 1.0901 De thnatd
\
17 a7
.0,
r
STATE OF IOWA )
JOHNSON COUNTY ) SS:
On this day of A.O. 19
undersigne a u
otary m m an or before me, the
appeared —�Te State —or—Iowa, personally
to mepersona and
the Y mown, w o e ng y me duly sworn, d say tha ey are
of sam corpora tan execu ng thand
ewit an forego ng fns rument reswhich
pectively,
this is attached, that (no seal has been procured by the said) corporation;
that said instrument was signed (and sealed) on behalf of (the seal affixed
thereto is the seal of said) said corporation by authority of its Board of
Directors; and at the said and
as Such officers acknawle ge a
unexec. ion o said
executed. of said corporains rumen o e e
tary act and deed tion, by it and by them voluntarily
ex
W.—Fa r—y 73 TFC 7nan & for
STATE OF IOWA )
COUNTY OF JOHNSON SS:
On this day of —_ , A.B., 198 . before me, the under-
signed, as Notary Public in and for the State of Iowa, personally appeared
andand b� y me duly sworn, did say that they are the
o me personally known, who,
especivel, of
exec. Ing the with n and orego mgr instrument to which this ispattached,atthat
the seal affixed thereto is the seal of said municipal corporation; that said
instrument was signed (and sealed) on behalf of said municipal corporation by
authority of its City Council; and that the said
as such officers acknow e c �--f—and
ins trunent to be the vo untary act and deed of said munic ipalxcorporat tonsaid
by
it and by them voluntarily executed.
Notary Public In and for said County and State
Druce and r1orancc Glasgow
DDSCR11710,V OF ENTIRE TINCT
Lots 126 and 127, Court 11111 -Scott Boulevard Additl—
a..... „..
a
SCOTT BOULEVARD IMPROVEMENTS PROJECT
MUTUAL BENEFIT AGREEMENT
August _, 1987
Plum Grove Acres, Inc. (herein designated as Seller) and the City of Iowa
City, Iowa, hereby agree to the following with respect to the purchase of the
real estate situated in Johnson County, Iowa, legally described on Exhibits A
and B hereto (hereinafter referred to as "the Property"), together with any
easements and servient estates appurtenant thereto, for the consideration
described below.
1. SCOTT BOULEVARD IMPROVEMENTS PROJECT. This Agreement is being made in
lieu of condemnation in connection with construction of the Scott Boule.
vard Improvements Project. Said project shall consist of 31 foot wide
i
pavement, all necessary storm sewer and other improvements that the City
Council deems appropriate in connection with that project.
2. CONSIDERATION, In consideration of the Seller's conveyance of the
Property to the City, the City agrees that it will waive collection of
any special assessment which would be charged against Seller's remaining
property in connection with the Project.
As additional consideration:
A. Buyer shall vacate and convey to the .Seller that portion of the
existing Scott Boulevard and Lower West Branch Road rights-of-way
situated in Johnson County, Iowa, and legally described on Exhibits
j \ A and 8 (hereinafter referred to as the "Vacation Parcels").
.o' B. Buyer agrees that all excess top soil and fill material from the
project will be deposited on adjacent land retained by Seller in
such locations as the Seller shall reasonably request. -
a
z
C. Seller shall install sanitary sewer and manho7e(s) at the intersec-
tion of Scott Boulevard and Court Street. Buyer shall pay for loo
feet of sanitary sewer and one manhole at such intersection. Pay-
ment shall be based on the contract price per unit foot paid to the
pipe installer by the Seller for pipe installed and manholes in
place. Such work shall be completed by the Seller sufficiently
prior to the Scott Boulevard Improvements Project so as not to
conflict with the work of the City's contractor(s).
D. Buyer shall install manhole(s) and sanitary sewer as shown on the
Project plans and specifications at the intersection of Scott Boule-
vard and Washington Street, such line to run generally east -west
from west of the present Scott Boulevard right-of-way to east of the
new right-of-way, such work to be done as part of Buyer's contract
or contracts for the Project. Buyer shall pay for one manhole and
one hundred (100) feet of the sewer line and Seller shall pay the
balance of the cost based upon the contract price per unit first
paid to the pipe installer by the Buyer for pipe installed and
manholes in place.
E. The Court Hill -Scott Boulevard detention facility outlet structure
shall be constructed by the Buyer at no cost to the Seller as part
of the Scott Boulevard Improvements Project. The Seller agrees to
dedicate such additional storm water storage easements area as may
be required for said basin to accommodate the required storm water
storage volume. The dirt removed from the detention basin area will
i
be used by Buyer for road base for Scott Boulevard. However, any
excess dirt from such area shall be placed by Buyer's contractor on
Seller's land adjacent to the new right-of-way.
7. CONVEYANCES AND TRANSFERS OF POSSESSION.
Seller agrees to convey the Property to Buyer on or before September 1,
1987. Upon completion of the Scott Boulevard Improvements Project, Phase
III, Buyer shall complete necessary action to vacate and convey to
as
3 I
Seller the Vacation Parcels. At the time of delivery of the deeds, the
recipient shall be entitled to possession of the property being conveyed
to such party.
4. TAXES AND SPECIAL ASSESSMENTS. Seller shall pay a pro -rata portion of
the real estate taxes payable in 1988-89 on the Property for the fiscal
year beginning July 11 1988, and all taxes for prior years. The
proration of taxes shall be based upon taxes paid or payable on the
property during the current fiscal year and the time from July 1, 1987
to the date of actual possession by Buyer. 1f the Property is part of a
larger tax parcel, the portion of taxes allocable to the Property shall
be a pro -rata portion of the taxes on the land.
Buyer represents and warrants that no taxes are currently payable on the
vacation Parcels, but that it will indemnify Seller for any taxes which
may be assessed against that real estate for any period prior to the
date of the conveyance to Seller.
Seller shall pay all special assessments which are a lien on the Prop-
erty on the date of this Agreement. Buyer shall pay all other special
assessments.
S. ABSTRACTS AND TITLES. Seller shall promptly furnish to Buyer for
Buyer's inspection an abstract of title to the Property, continued to
the date hereof. The abstract shall become the property of the Buyer at
the time of conveyance and shall show merchantable title to conformity
with this Agreement, the land title law of the State of Iowa, and Iowa
Title Standards of the Iowa -State Bar Association.
6. CLOSING COSTS. Buyer agrees to pay all costs necessary and incident to
described herein, including abstracting,
transferring the properties
documentary stamps, recording fees, and not more than $500 of the fees
Of Seller's attorney in connection with this transaction.
.u'
Y
4
7. EXISTING TENANCIES. Seller warrants that there are no persons having
leasehold interests In the Property, that they have sole possession
thereof, and the Property is being sold free of leasehold rights of
others.
8. TEMPORARY CONSTRUCTION EASEMENTS. Seller agrees that Buyer, in addition
to the other interests herein, and without further consideration shall
have all reasonably necessary temporary construction easements over
their remaining property, and any required permanent storm sewer ease-
ments, necessary to complete work on the Scott Boulevard Improvements
Project.
9. BEER. Seller shall convey title to the Property by General Warranty
Beed, with terms and provisions as per the form of such deed ayproved by
the Iowa State Bar Association, free and clear of liens and
encumbrances, reservations, exceptions or modifications, except as in
this Agreement otherwise expressly provided. All warrantees shall
extend to time of acceptance of this offer, with special warranties as
to acts of Seller up to the time of del ivery of deed. I
Buyer shall convey title to the Vacation Parcels by quit claim deed with
terms and provisions as per the form of such deed by the Iowa State Bar
Association.
10. SELLERS. The individual Seller's spouse, if not a titleholder immedi.
ately preceding this Agreement, shall be presumed to have executed this
agreement only for the purpose of relinquishing all rights of dower,
homestead and distributive share and/or in compliance with Iowa Code
Section 561.13; and the use of the word "Sellers• in this Agreement,
without more, shall not rebut such presumption, nor in any way enlarge
or extend the previous interest of such spouse in said property or in
the sale proceeds thereof, nor bind such spouse except as aforesaid, to
the terms and provisions of this Agreement.
o. 11. TIME IS OF THE ESSENCE. Time is of the essence in this Agreement.
I
Y
5
12. REMEDIES OF THE PARTIES - FORFEITURE - FORECLOSURE.
If either party falls to fulfill this Agreement, the other may forfeit
the same as provided in the Code of Iowa. In addition to the foregoing,
Buyer and Seller each shall be entitled to any and all other remedies,
or actions at law or in equity, including specific performance, and the
party at fault shall pay costs and attorney's fees, and a receiver may
be appointed.
13. APPROVAL OF COURT. If the Property is an asset of any estate, trust or
guardianship, this Agreement shall be subject to Court approval, unless
i
declared unnecessary by the Buyer's attorney. If necessary, the appro-
priate fiduciary shall proceed promptly and diligently to bring the
matter on for hearing for Court approval. (In that event, a Court
Officer's deed shall be used in lieu of the General Warranty Deed de- !
scribed above.)
14. CONTRACT BINDING ON SUCCESSORS AND INTERESTS. This Agreement shall
apply to and bind the personal representatives and successors in inter-
est of the respective parties.
15. CONSTRUCTION OF WORDS. Words and phrases herein, including any acknowl-
edgment hereof, shall be construed as in the singular or plural number
and as masculine, feminine or neuter gender, according to the context.
CITY OF IOWA CITY, IOWA, BUYER
By:
William J. Ambrisco, Mayor
i
ATTEST:
City Clerk
STATE OF IOWA )
) SS;
o, JOHNSON COUNTY J
On this day of 19 before me, the undersigned,
! a Notary—Publi in and for said tate, personally appeared William J.
Ambrisco 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 instrumenti 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 William J.
Reeeived a Approved
BY T to0al Da dnwd
7 rap
Y
7
Y
6
and
be
b thec voluntaryiaact and rdeedknoOfwlsaide municipal the ucorporration. tion of said bnstruned to
them voluntarily executed.
y (t and by
oary a c n a a e o owa
ACCEPTANCE
The foregoing Mutual Benefit Agreement is accepted this
. 1987, by the Seller. day of _
SELLER
PLUM GROVE ACRES, INC,
By:
s res en 14 XL
XC-
race asgaw
Attest: Fl
Corporate Secretary
STATE OF IOWA )
JOHNSON COUNTY ; SS:
On this day of
undersigned, a Notary pub is 1n and or t e lO before me, the
pearally k and tate Of'7owa,c personally ap.
ally known, w o, a n9 y me u y sworn, to me person.
and , respectivelye ofrsa ldecar or,
execu ng a with n an orego ng ns rum, to which this is attached, that
(no seal has been rocured
Signed (and sealed) on behalf of s(the seal affixed that
thereto is Instrument
was
of
said said corporation by authority of its Board of directors; and that the
said
officers ac now a ge a execu and
act and deed of said corporation, hn ° sa ns rumen o e e voluntary
P y it and by them voluntarf ly executed.
Notary Pu c n an or sa
ounty an a e
i STATE OF IOWA
JOHNSON COUNTY SS;
I )
On this �(Lday of
j
Public 1n and for the State o Iowa, persona 19aeU, before me, a Notary
known to be the person who executed the foregoing instrare 6ument and oaeknowto je
i
edged that he executed the same as his voluntary act and deed,
i
k o.s asu
f kMQ7sui$SI �I a„ms
ary u c n aPL4te or love
4
Exhibit A
Commencing at the Southwest Corner of Section 7, Township 79 North, Range 5
West of the 5th Principal Meridian; thence N 00002'19- E (a Recorded Bearing
along the West Line of said Southwest Quarter of said Section 7, 35.00 feet;
thence N 89027'00- E, along the Northerly Right -of -Nay Line of Court Street,
450.04 feet; thence N 00002'19' E, along the Westerly Right -of -WV Line of
Scott Boulevard, 30.00 feet, to the Point of Beginning; thence 11 00 02'19' E
a ,
199.89 feet; thence Northwesterly 623.22 feet, along a 1,587.02 foot radius
curve, concave Southwesterly, whose 619.23 foot chord bears N 11°12'41' W;
thence N 22027'41' W, 276.15 feet; thence S 67032'19" W, 25.00 feet; thence
Southwesterly 150.40 feet, along a 383.00 food radius curve, concave North-
westerly, whose 149.44 foot chord bears S 78041'19" W; thence N 89057'41' W,
53.87 feet, to a Point at the intersection of said West Line of the Southwest
Quarter o` Section 7, with the Easterly Pro 41 ction of the Southerly Right -
of the Soufhwestof aQuarter oft Sectionn Street; thence 66+00 feet, its 02119^ E.
p°insaid West Line
tersection with
the Easterly Projection of the Northerly Right -of -Way Line of said Washington
Street; thence S 89057'41" E, 53.87 feet; thence Northeasterly 124.49 feet,
along a 317.09 foot radius curve, concave Northwesterly, whose 123.69 foot
chord bears N 78047'19' E; thence N 67032'19' E, 25.00 feet; thence 11
22027'41' W. 313.20 feet; thence Northwesterly 250.73 feet, along a 1,687.02
foot radius
us curve, concave Northeasterly, whose 250.50 foot chord bears N
18012'13" W, to a Point on said West Line of the Southwest Quarter of Section
7; thence N 00002'19' E, along said West Line of the Southwest Quarter of
Section 7, 324.93 feet, to a Point which is 2,045.15 feet, N 00002'19' E. of
the South. est Corner of said Section 7, in accordance with the Plat of Survey
Recorded in Plat Book 6, at par 31, of the Records of the Johnson County
Recorder's office, thence S 89 57'41' E, along the Southerly Line of said
Surveyed parcel, 52.16 feet; thence Southeasterly 540.43 feet, along a
1,587,02 foot radius curve, nontangent to the preceding course and concave
Northeasterly, whose 537,83 foot chard the
S 12042'21- E; thence S
22°27'41' E, 655.35 feet; thence Southeasterly 662.49 feet, along a 1,687.02
foot radius curve, concave Southwesterly, whose 658.24 foot chord bears S
11012'41' E; thence S 00002'19" W, 198.86 feet, to a Point on the Easterly
Right -of -Way Line of Scott Boulevard; thence S 89027'00' W, 100.00 feet to
the Poin: of Beginning. Said tract of land contains 4.83 Acres, more or less.
AND
Co':mencing at a 5/8 inch iron pin found at the Southwest Corner of the North-
west Quarter of Section 7, Township 79 North, Range 5 West of the 5th Princi-
pal Meridian; thence N 00035142" E (a Recorded Bearing), along the West Line
of said Northwest Quarter of Section 7, 207.25 feet, to its intersection with
the Center line of Existing Lower West Branch Road, and which Point is the
Point of Beginning; thence N 00035142" E. along said West Line of the North-
west Quarter of Section 7, 1,063.88 feet; thence Southeasterly 325.34 feet,
along a 1,050.00 foot radius curve, nontangent to the preceding course, and
concave Southwesterly, whose 324.04 foot chord bears S 08016'53' E; thence S
00035'42" W, 774.67 feet to a Point in the Centerline of said Lower West
Branch Road; thence 11 57439'18" W, along said Centerline, 58.81 feet to the
Point of Beginning. Said tract of land contains 48,683 square feet, more or
less.
0'
c
4e
Exhibit B
Vacation Parcels
Parcel 1
Commencing at a 5/8 inch iron pin found at the Southwest Corner of the North-
west Quarter of Section 7,o Township 79 North, Range 5 West of the 5th Princi-
pal Meridian; thence N 00035-42- E (a Recorded Bearing) along the West Line
Of said Northwest Quarter of SIC -ion 7, 207,25 feet, to its intersection with
the Centerline of Existing Lower West Branch Roadthence S 57039'18" E,
along said Centerline of Existing Lower West Branch' Road, 58,81 feet to
Point which is 50.00 feet normally distant Easterly oa
f said Weft Line of the
On Northwest Quarter of Section 7; thence if 00035.42-y E, 38.81 feet to a Point
which ris 050 h00Ife ti normallyaine Of U Stant Easterly xof, t11 gd Voest Line Branch
theANoRoad
th'
west Of Centerlines of Existing ower West an is t Branch normally Road and which stant Northeasterly
isyythe PoinOf t
ExistingnLowwer thence
Branch3RCad, 127.13 along
too at Point Rwhich ris W3y.00Line
feet
normalthencel Hurthwesteristant llyr 114. 6lrrfeet,t along a Lower
233. 233.00west
footBranch
radius ocurventerlinee
is Southwesterly, whose 113.45 foot chord bears N 71044'46" W, to a Point which
normQuarter of Sec lion lIY thencet 1Ea00°35y42r said West Line of the Northwest
Beginning, Saia tract of land contains 1,222 squar32 o feet, feet, ore or to the
l less.
Point
of
Parcel 2
Commenc
at a
ch
in
Quarter 01 Section 87, Township found79 at North,�rSoutRange hwst 5rWesto of rof the Nrthwest
the Stn Principal
MerisaiddNorthwesttQuarter Sof 4 Section Tecorded 1,271.13 Bearing),
along
Poi Line of thence II 00035'42' E, 74,95 feet; thence N 76032'52' E. 34.01 feet;
thence S 00035'42' W. 215.19 feet; thence Northwesterly 136,14 f
1,050.0 foot radius curve, concave Southwesterly, whose 1.14eet, along a
f foo; chord
bears N 13026'37' W, to the Point of Beginning, Said tractof l
4,586 square feet, more or less. and contains
Parcel 3
Commencing at the Southeast Corner of Section 12,0 Township 79 North, Range 6
West of the 5th Principal Meridian; thence N 00 02'19" E (a Recorded Bear-
1.159.251ong feet, to Ea sPoint on ofthe
Easterly Projection of 0f aiSecton 12
thesNord
therlyi Right'
of -Way Line of Washington Street; which is the Point of Beginning; thence If
89057'41" W. along said Northerly RigAt-ol-Way Line and its Projection mere-
Of, 70.00 feet; thence Northeasterly along the Westerly Righ;-of-Way Line of
Scott Boulevard, 31,41 ler;, on a 20.00 foot radius curve, concave north.
easterly,
Westerly whose @fight-of-WayfootChordLiner of NScot45 t Boule ardt,A 948enc .65 00002 along thence
Southeasterly whose 529.19 Pert, along a 1,687.02 foot radius curve, con let; North.
446-011felt. to a2 Point f an said Chor Easterly Drojecct0lon of the ce S Aorly Right!
of -Nay Line of Washington Street; thence if 89057'41- W. 33.00 feet, to the
Point of Beginning, Said tract of land contains 1.18 acres, more or less.
Parcel 4
Vest fir the atthe
rPrincipalSoutheast
MeCorner
ric tanpf thence Section
N 100b02Township (a Recorded Range
Bear.
fng1, along the East Line of the Southeast Quarter of Section 12, 35,00 feet,
to its Point of intersection with the Easterly Projection of the Northerly
Right -Of -Way Line of Court Street, which is the Point of Beginning; thence 5
27100' al on
feet; thence
OD o saitl Northerly Right-Of"Way Line %f Court Street, 50.00
te2 02'19" E, 150.00 feet; thence N 89 27'00" E, 17.00 feet;
'19" E, 9D8,59 feet, to a Pon the
thence N 00°01
Line of Washington Street; thence S 89ooint 57'41" E, Southerly Right-of•Way
66.00 feet; thence S
.o•
r
2 I
00002'19' W. 1,057.91 feet6 to a Point on the Northerly Right -of -Way Line of
Court Street; thence S 89 27'00- W. 33.00 feet, to the Point of Beginning.
Said tract of land contains 1.66 acres, more or less.
SCOTT BOULEVARD IMPROVEMENTS PROJECT
MUTUAL BENEFIT AGREEMENT
September 1987
Louis A. Frank (herein designated as Seller) and
(insert names of Seller an pouse)
The City of Iowa City, Iowa, hereby agree to the following with respect to the
purchase of the real estate situated in Johnson County, Iowa, which is legally
described on Exhibit A hereto (hereinafter referred to as "the Property),
together with any easements and servient estates appurtenant thereto.
1. SCOTT BOULEVARD IMPROVEMENIS PROJECT. This Agreement is being made in
lieu of condemnation and assessment in connection with construction of the
Scott Boulevard Improvements Project. Said project shall consist of 31
foot wide pavement, all necessary storm sewer and other improvements that
the City Council deems appropriate in connection with that project.
i
2. ACCEPTANCE OF OFFER AND PAYMENT. Acceptance of this Offer by Seller shall
j be evidenced by delivery to Buyer of a properly executed copy of this
instrument.
i
3. CONSIDERATION. In consideration of the Seller's conveyance of the Prop-
erty to the City, the Buyer shall pay $4,500 in cash to Seller and will
waive collection of any special assessments which would be charged against
Seller's remaining property in conjunction with the Project,
As additional consideration, during construction of the Project, Buyer
agrees to reconstruct all fence removed during the project and locate said
fence 4' south of the north property line, 4' east of the west property
line and along the south properly line, and to construct a paved access
drive with a 16' gate from Seller's remaining property to Lower West
Branch Road, the location of such drive to be mutually agreeable to the
parties,
.o•
M
H
Also, adequate stormwater storage will be provided for that portion of the
property that naturally drains to the permanent storm water storage ease-
ment. No additional stormwater management will be required when develop-
ing said area.
E. CONVEYANCE AND TRANSFER OF POSSESSION. Seller agrees to convey the Prop-
erty to Buyer by General Warranty Deed delivered on or before September
30, 1987. At the time of delivery of the deed, the Buyer shall be enti-
tled to possession of the Property.
5. TAXES AND SPECIAL ASSESSMENTS. Seller shall pay a pro -rata portion of the
real estate taxes payable on the Property in the fiscal year beginning
July 1, 1988, and all taxes for prior years. The proration of taxes shall
be based upon taxes paid or payable on the Property during the current
fiscal year and the time from July 1, 1987 to date of possession by Buyer,
If the Property is part of a larger tax parcel, the portion of taxes
allocable to the Property shall be a pro -rata portion of the taxes on the
land.
Seller shall pay all special assessments which are a lien on the Property
on the date of this Agreement. Buyer shall pay all other special assess-
ments.
6. ABSTRACTS AND TITLES. Seller shall promptly furnish to the Buyer for the
Buyer's Inspection an abstract of title to the Property, continued to the
date hereof. The abstract shall become the property of the Buyer at the
time of conveyance and shall show merchantable title in conformity with
this Agreement, the land title law of the State of Iowa, and Iowa Title
Standards of the Iowa State Bar Association.
7. CLOSING COSTS. Buyer agrees to pay all costs necessary and incident to
transferring the Property, including abstracting, documentary stamps,
recording fees, and not more than $500 of the fees of Seller's attorney in
connection with this transaction.
tl
8. EXISTING TENANCIES. Seller warrants that there are no persons having
leasehold interests in the Property, that they have sole possession there-
of, and the Property is being sold free of leasehold rights of others.
9. TEMPORARY CONSTRUCTION EASEMENTS. Seller agrees that Buyer, in addition
to the other interests herein, and without further consideration, shall
have all reasonably necessary temporary construction easements over their
remaining property necessary to complete work on the Scott Boulevard Im-
provements Project. Vegetation will be re-established by Buyer in a
manner that will prevent soil erosion on all areas disturbed by construc-
tion.
10. DEED. Seller shall convey title by General Warranty Deed, with terms and
provisions as per the form of such deed approved by the Iowa State Bar
Association, free and clear of liens and encumbrances, reservations,
exceptions or modifications, except as in this Agreement otherwise ex-
pressly provided. All warranties shall extend to time of acceptance of
this offer, with special warranties as to acts of Seller up to the time of
delivery of deed.
11. FOR THE SELLER(S): JOINT TENANCY IN PROCEEDS AND IN SECURITY RIGHTS 1N
REAL ESTATE. If, and only if, the Seller(s), immediately preceding this
offer, hold the title to the Property in joint tenancy, and such joint
tenancy 1s not later destroyed by operation of law or by acts of the
Seller(s), (1) then the right to the consideration, and any continuing
and/or recaptured rights of Seller(s) in the Property shall be and con-
tinue in Seller(s) as joint tenants with right of survivorship and not as
tenants in common; (2) Buyer, in the event of the death of either Seller,
' agrees to accept deed from such surviving Seller consistent with this
paragraph 11.
12. SELLERS. Spouse, if not a titleholder immediately preceding this Agree-
ment, shall be presumed to have executed this agreement only for the
purpose of relinquishing all rights of dower, homestead and distributive
share and/or in compliance with Iowa Code Section $61.13; and the use of
the word "Sellers" in this Agreement, without more, shall not rebut such
Interest of
presumption, nor in any way enlarge or extend the previous
Y
.V'
r
4
such spouse in said properly or in the sale proceeds thereof, nor bind
such spouse except as aforesaid, to the terms and provisions of this
Agreement.
13. TIME IS OF THE ESSENCE. Time is of the essence in this Agreement.
14. REMEDIES OF THE PARTIES - FORFEITURE - FORECLOSURE.
If either party fails to fulfill this Agreement, the other may forfeit the
same as provided in the Code of Iowa. In addition to the foregoing, Buyer
and Seller each shall be entitled to any and all other remedies, or ac-
tions at law or in equity, including specific performance, and the party
at fault shall pay costs and attorney's fees, and a receiver may be ap-
pointed.
15. APPROVAL OF COURT. If the Property is an asset of any estate, trust or
guardianship, this Agreement shall be subject to Court approval, unless
declared unnecessary by the Buyer's attorney. If necessary, the appropri-
ate fiduciary shall proceed promptly and diligently to bring the matter on
for hearing for Court approval. '(In that event, a Court officer's deed
shall be used in lieu of the General Warranty Deed described above.)
16. CONTRACT BINDING ON SUCCESSORS AND INTERESTS. This Agreement shall apply
to and bind the personal representatives and successors in interest of the
respective parties.
17. CONSTRUCTION OF WORDS. Words and phrases herein, including any acknowl-
edgnent hereof, shall be construed as in the singular or plural number and
as masculine, feminine or neuter gender, according to the context.
ou s . ran , e er
CITY OF IOWA CITY, IOWA, BUYER
By. VT 1111m.isco, ayor
Reeei.rd L Appmveu
ATTEST:yer R n d7 Ay The toga) Dopa
.o•
r
5
STATE OF IOWA I
JOHNSON COUNTY ) SS;
On this
P�Tcdin of or sai 19 before me, the undersigned, a
andNot Marian K. Karr, to me P sonelly appeared William J. Ambrisco
that they are the Mayor and CityalClle k. rewho spectively, by
meduly
municipal did
corpo-
ration executing the within and foregoing instrument; that the seal affixed
hereto Council is the s said
c, and than on b sthof its at of aidmunicipalcorporation the William J. Ambrisc
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 volun-
tarily executed.
o ary u sc n e a e o owa
STATE OF IOWA
JOHNSON COUNTY 1 SS:
On this /I/t"day of ,� ...icy/ 1987, before me, a Notary Public for
the State o Iowa, pers a y appear Louis A. Frank, to me known to be the
Person who executed the foregoing instrument, and acknowledge that he executed
the Sam as his voluntary act and deed.
o ary Public in in, Stave at owa
O'
40
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tl�u- ihlroi f 4y\.
azn.i v,e5
3
jj :8 alm.00 \:w �a
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3 d L. te.0i
I —I LN•ll�li'
in
I I eBC44'NlI'oi tiW .
I I N
e f„•.143 l6'
I certify that during the month of NOveaber. 1906,' at the direction of
¢. Ise .°L• the City of Ion City, a survey me "do under my supervision, of the
o• L•bn'ro' treat Of 140 Platted bottom. the boundaries of which are as follows:
i L• 62.1
a•Bzne' &pnalat at a Ora Inch Iron pin found at the Southwest Corner of the
•SGPL,'2l'E Rorthve.t Quarter a Samtloo 7, Township 79 North, Ranee S Nest of the
Mb Principal Ilasldlo; Thence. NO0'33Vt'L IA Recorded Bearing) along
46Y S'1'+1 y lbs MeK Llne of said Norlbshat Quart., of Sattlon 7. 207.33 feet. to
z'I� its lnureaction with the Cotorllne of Existing Lower Neat Branch Road:
IDmet $57.39-16.9, dont said C.nt.rlin. of L ... r West Branch Road.
16].61 fest; Th ... a 531'20'62.10, 53.00 het, to a Point on the
'
1
I Swthwesterly RlghPaf•Nay Line of old Lower Neat Branch Road: Thence
Northwesterly 70,02 feet, alone . 167.00 foot radius curve, concave
S.olhweshrl Y, he.. 77.32 fact chord bean N71.02r22•w, to a Point
o
which la 50.00 fest normally distant Easterly of old Nest Line of the
I N
Nartbwsat Quarter of Section 7: Thence S00•35162'N, along a Lt..,
parallel with said Nest Lt.. or the Northwest Quarter of Section 7.
' 116.21 Ishii Thence 600'02'19.10, @teat • Line parallel with end 30.00
t
i foot nomllY distant EsatsrlY of the Neal Line of the Southwest Quarter
s of old Section 1, 519.43 het; Thant. South astterly 62/79 feel, along a
�gl
1517.02 feat radio curve, conte.. Ilorth... terly. aches. 02.76 fool chord
' two,. $01•27'21•li Thence P69,37.61'w. 52.16 fast, to a Point an said
Pest Ilan of the Southwest Matter of 6ectlon 7; Thence N00'OQ•1g'E.
alone old Nest Lina, 602.82 fast, to the Point of Reglnning. Sold
tract of land contalna 1.00 Acres• sore ar leas. and It subject to
eseswents and restrictions of Record.
further Certify that the Plat me sh.n to a correct repr... Motion of
be..rvey and ell .... To are marked me Indicated,
�c
• I
Robert D. Mlcke7s n Reg, pas. 7036
y+®III~
,net,
Subscribed to and .rare perform an this
dry of39
's S4(2in,5ri7•TTiN• Auk a!7—Yr
yyq I.
011e. In and for toe jests of lova a f
Fuca e/p Irises VIMRotary
-(Jr
RbLbae: Lours&.Fe Wu
J
RESOLUTION NO, 87-242
RESOLUTION OF INTENT TO ENTER INTO A MUTUAL BENEFIT AGREEMENT WITH
PAUL S. LUMPA, PHYLLIS LUMPA, MABEL HOBART, HOWARD W. HOBART ROBERT
D. LUMPA AND DOROTHY L. LUMPA (THE "LUMPAS AND HOBARTS") TO ACQUIRE
PROPERTY FOR THE SCOTT BOULEVARD PAVING IMPROVEMENTS PROJECT, IN
EXCHANGE FOR CONSIDERATION WHICH, AMONG OTHER THINGS, INCLUDES DIS-
POSAL BY CONVEYANCE TO THE LUMPAS AND HOBARTS OF RIGHT-OF-WAY TO BE
VACATED EFFECTIVE UPON COMPLETION OF THE PROJECT.
WHEREAS, the City has undertaken the Scott Boulevard Paving Improvements
Project (the "Project") which includes relocation of portions of the roadway,
31 foot wide pavement, new storm sewers, and other improvements; and
WHEREAS, in conjunction with the Project, the City will acquire title to
certain property, and temporary construction easements over other property
abutting the route of Scott Boulevard, and will no longer need portions of
the present right-of-way of Scott Boulevard and Lower West Branch Road; and
WHEREAS, an Ordinance has been presented to the City Council proposing to
vacate the portions of the present Scott Boulevard and Lower (Jest Branch Road
right-of-way which will no longer be needed after the Project is completed;
and
WHEREAS, upon completion of the Project, such parcels will be excess City
property and conveyance of the unneeded right-of-way in exchange for property
needed for the Project will inure to the benefit of not only the owners of
property abutting the new road, but all of the people of Iowa City; and
WHEREAS, as owners of property lying both in the path of and abutting the new
road, the Lumpas and Hobarts have executed a Mutual Benefit Agreement under
the terms of which they will convey to the City fee title and temporary
construction easements to certain property in exchange, among other things,
for cash payments totalling $31,000, waiver of special assessments on the
Project, and the City's agreement that it will vacate and convey to them a
parcel of land from the old right-of-way, containing approximately 10,300
square feet; and
WHEREAS, if the proposed vacation Ordinance is enacted, the City Council has
i been advised and does believe that it would be in the best interest of the
City to enter into the Mutual Benefit Agreement with the Lumpas and Hobarts.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY THAT:
I. The City Council does hereby declare its intent to enter into a Mutual
o. Benefit Agreement with the Lumpas and Hobarts and, pursuant thereto, to
agree to convey City -owned property to the Lumpas and Hobarts in exchange
for conveyance of lands to the City.
2, The City Clerk is authorized and directed to cause Notice of Public
Hearing relating to this matter to be published as provided by law, which
hearing shall be held on September 29, 1987, at the regular meeting of
the City Council.
M
/331
.o•
Resolution No. 87-242
Page 2
It was moved by Strait and seconded by
the Resolution be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
Dickson
X Ambrisco
X Baker
X Courtney
X Dickson
X McDonald
X Strait
X Zuber
Passed and approved this 22nd day of September 1987,
�D
ATTEST: %%7ct do J •��,/
CITY CLERK
Received R Approved
By The Legal Dep rfi ent
9n
1331
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r
JORM MICR
M44"Aft t MS"
SERIES MT -8
r�
PRECEDING
DOCUMENT
J
RESOLUTION NO. 87-242
RESOLUTION OF INTENT TO ENTER INTOA M- BENEFIT AGREEMENT WITH
PAUL S. LUMPA, PHYLLIS LUMPA, MABEL HOBART, HOWARD W. HOBART ROBERT
D. LUMPA AND DOROTHY L. LUMPA (THE "LUMPAS AND HODARTS") TO'ACgUIRE
PROPERTY FOR THE SCOTT BOULEVARD PAVING IMPROVEMENTS PROJECT, IN
EXCHANGE FOR CONSIDERATION WHICH, AMONG OTHER THINGS, INCLUDES DIS-
POSAL BY CONVEYANCE TO THE LUMPAS AND HOBARTS OF RIGHT-OF-WAY TO BE
VACATED EFFECTIVE UPON COMPLETION OF THE PROJECT.
WHEREAS, the City has undertaken the Scott Boulevard Paving Improvements
Project (the "Project") which includes relocation of portions of the roadway,
31 foot wide pavement, new storm sewers, and other improvements; and
WHEREAS, in conjunction with the Project,
certain property, and temporary constructiothe City will acquire title to
abutting the route of Scott Boulevardn easements over other property
, portions of
and will no longer need
the present right-of-way of Scott Boulevard and Lower West Branch Road; and
WHEREAS, an Ordinance has been presented to the City Council proposing to
vacate the portions of the present Scott Boulev
right-of-way which will no longer be needed afard and Lower West Branch Road
and ter the Project is completed;
WHEREAS, upon completion of the Project, such parcels will be excess City
i property and conveyance of the unneeded right-of-way in exchange for property
needed for the Project will inure to the benefit of not only the owners of
• property abutting the new road, but all of the people of Iowa City; and
WHEREAS, as owners of property lying both in the path of and abutting the new
road, the Lumpas and Hobarts have executed a Mutual Benefit Agreement under
( the terms of which they will convey to the City fee title and temporary
construction easements to certain property in exchange, among other things,
for cash payments totalling $31,000wai
Project, and the City's , ver of special assessments on the
parcel agreement that it will vacate and convey to them a
of land from the old right-of-way
square feet; and , containing approximately 10,300
WHEREAS, if the proposed vacation Ordinance is enacted, the City Council has
been advised and does believe that it would be in the best interest of the
City to enter into the Mutual Benefit Agreement with the Lumpas and Hobarts.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY THAT:
1, The City Council does hereby declare its intent to enter into a Mutual
agree
itoAconveynCity-ownedthe
propertyato he LumpasnandpHobart's iheexch
for conveyance of lands to the City, to
2. The City Clerk is authorized and directed to cause Notice of Public
Hearing relating to this matter to be published as provided by law, which
hearing shall be held on September 29, 1987, at the regular meeting of
the City Council,
/331
.1.
Resolution No. 87-242
Page 2
It was moved by Strait and seconded by Dickson
the Resolution be adopted, and upon roll call there were:
AYES: NAYS
ABSENT:
Ambrisco
X Baker
Courtney
Dickson
McDonald
Strait
X Zuber
Passed and approved this 22nd day of September 1987.
ATTEST: 2%%a
CITY CLERK
Received A Approvea
By The Legal Dep r lent
601A`1 7/17
133
RESOLUTION NO. __L7_243.__
RESOLUTION OF INTENT TO ENTER INTO A MUTUAL BENEFIT AGREEMENT WITH
BRUCE R. AND FLORENCE E. GLASGOW ("GLASGOWS") TO ACQUIRE A TEMPORARY
CONSTRUCTION EASEMENT FOR THE SCOTT BOULEVARD PAVING IMPROVEMENTS
PROJECT, IIJ EXCHA14GE FOR CONSIDERATION WHICH, AMONG OTHER THINGS,
INCLUDES DISPOSAL BY CONVEYANCE TO GLASGOWS OF RIGHT-OF-WAY TO BE
VACATED EFFECTIVE UPON COMPLETION OF THE PROJECT,
i
WHEREAS, the City has undertaken the Scott Boulevard Improvements project
(the "Project") which includes relocation of portions of the roadway, 31 foot
wide pavement, new storm sewers, and other improvements; and
WHEREAS, in conjunction with the Project, the City will acquire title to
certain property, and temporary construction easements over other
abutting the route of Scott Boulevard, and will no longer need portions of
the present right-of-way of Scott Boulevard and Lower West Branch Roadro and
WHEREAS, an Ordinance has been presented to the CityCouncil
vacate the portions of the present Scott Boulevard andL werWestpBranch nRoato
d
right-of-way which will no longer be needed after the Project is completed;
i
WHEREAS, upon completion of the Project, such
needed for thproperty and conveyance of the unneeded right-of-way insexchange forwill becpropecit
rty
property abuttih
ngrtecnew �road, ll �ubut all tOf the epeople OftIoonlthe own
wa City; anders of
WHEREAS, the Glasgows, as owners of property abutting the new road, have
executed a Mutual Benefit Agreement under the terms of which the
y 'l
to the City a temporary construction easement to certain propert
exchange, among other things, for waiver of specwill vial assessmentson the convey
parcel of land from the agreement that pact, and the City's at it acate and convey to tem 'a
old right-of-way, containing 2,634 squre feet; and
WHEREAS, if the proposed vacation Ordinance is enacted, the City Council has
been advised and does believe that it would be in the best interest of the
City to enter into the Mutual Benefit Agreement with the Glasgows.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY THAT:
I. The City Council does hereby declare its intent to enter into a Mutual
Benefit Agreement with the Glasgows and, pursuant thereto, to agree to
convey City -owned property to the Glasgows in exchange for conveyance of
lands to the City,
o• i
2, The City Clerk is authorized and directed to
Hearin relatingto this matter to be publish to
asca se Notice of Public
hearing shall be held on September 29, 1987, at the regular meeting of
the City Council. ded y law, which
r
/33Z
Resolution No. 87-243
Page 2
It was moved by Strait
the Resolution be ado ted and seconded by Courtney
P and upon roll call there were:
AYES: NAYS: ABSENT:
x Ambrisco
x x Baker
x Courtney
x Dickson
x McDonald
Strait
x Zuber
Passed and approved this 22nd da of
Y Seotember 1987
/4YOR
ATTEST: 2u.J �/ 1
CITY CLERK
Received $ APPravetl
by t o teS91 De
Pedment
9 i� 87
/330.
RESOLUTION NO. 37-244
RESOLUTION OF INTENT TO ENTER INTO A MUTUAL BENEFIT AGREEMENT WITH
PLUM GROVE ACRES, INC. ("PGA") TO ACQUIRE PROPERTY FOR THE SCOTT
BOULEVARD PAVING IMPROVEMENTS PROJECT, IN EXCHANGE FOR CONSIDERATION
WHICH, AMONG OTHER THINGS, INCLUDES DISPOSAL BY CONVEYANCE TO PGA OF
RIGHT-OF-WAY TO BE VACATED EFFECTIVE UPON COMPLETION OF THE PROJECT.
WHEREAS, the City has undertaken the Scott Boulevard Improvements Project
(the "Project") which includes relocation of portions of the roadway, 31 foot
wide pavement, new storm sewers, and other improvements; and
WHEREAS, in conjunction with the Project, the City will acquire title to
certain property, and temporary construction easements over other property
abutting the route of Scott Boulevard, and will no longer need
i the present right-of-way of Scott Boulevard and Lower Wet Branch Ro
Road; and
WHEREAS, an Ordinance has been presented to the City Council proposing to
vacate the portions of the present Scott Boulevard and Lower West Branch Road
right-of-way which will no longer be needed after the Project is completed;
and
I
WHEREAS, upon completion of the Project, such parcels will be excess City
property and conveyance of the unneeded right-of-way in exchange for property
needed for the Project will inure to the benefit of not only the owners of
property abutting the new road, but all of the people of Iowa City; and
WHEREAS, as an owner of properties lying both in the path of and abutting the
new road, Plum Grove Acres, Inc. has executed a Mutual Benefit Agreement
under the terms of which it will convey to the City fee title and temporary
construction easements to certain property in exchange, among other things,
for waiver of special assessments on the Project, the City's agreement that
it will vacate and convey to Plum Grove Acres four parcels of land from the
old right-of-way, totaling approximately 3 acres, and construction of a
stormwater detention facility outlet structure on Plum Grove Acres' land; and
WHEREAS, if the proposed vacation Ordinance is
been advised and does believe that it would be
City to enter into the Mutual Benefit Agreement
enacted, the City Council has
in the best interest of the
with Plum Grove Acres, Inc.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY THAT:
1. The City Council does hereby declare its intent to enter into a Mutual
Benefit Agreement with Plum Grove Acres, Inc. and, pursuant thereto, to
agree to convey City -owned property to Plum Grove Acres in exchange for
o conveyance of lands to the City.
2. The City Clerk is authorized and directed to cause Notice of Public
Hearinrelating
btthis
n atter to e9ub17ed ts rovided r shearing shallheld on 2,98, athe regular meeting of
the City Council.
/3 5 3
.1.
Resolution No. 87-244
Page 2
It was moved by Strait and seconded by Courtney
the Resolution be a op , an upon ro call there were:
AYES: NAYS: ABSENT:
X Ambrisco
�— Baker
X Courtney
X Dickson
R McDonald
X Strait
X Zuber
Passed and approved this 22nd day of September 1987.
MAY AR
i
ATTEST: ,"„J .e
�11T-CLERK
Received $ Approved
By Th DO
17 (tent
"'-�
/3,33
r
I
RESOLUTION NO. 87-245
RESOLUTION OF INTENT TO ENTER INTO A MUTUAL BENEFIT AGREEMENT WITH
LOUIS A. FRANK ("FRANK") TO ACQUIRE PROPERTY FOR THE SCOTT BOULEVARD
PAVING IMPROVEMENTS PROJECT, IN EXCHANGE FOR $4,500, IN CASH, CON-
STRUCTION OF AN ACCESS DRIVE AND PROVISION OF STORMWATER STORAGE
FACILITIES.
WHEREAS, the City has undertaken the Scott Boulevard Improvements Project
(the "Project") which includes relocation of
wide pavement, new storm sewersportions of the roadway, 31 foot
, and other improvements; and
WHEREn with
( certain property,unandotemporary econ Project uct�ionheasementsiloveracquire
other property
abutting the route of Scott Boulevard; and
y
WHEREAS, Frank, as owner of property abutting the new road, has executed a
Mutual Benefit Agreement under the terms of which he will convey to the City
fee title and a temporary construction easement to certain property in ex-
change, among other things, for payment of $4,500 in cash, the City's waiver
Of special assessments on the Project, and construction of an access drive
j and a stormwater detention facility outlet structure; and
WHEREAS, the City Council has been advised and does believe that it would be
in the best interest of the City to enter into the Mutual Benefit Agreement
with Frank.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY THAT:
I. The City Council does hereby declare its intent to enter into a Mutual
Benefit Agreement with Frank as described above.
2. The City Clerk is authorized and directed to cause Notice of Public
Hearing relating to this matter to be published as provided by law, which
i hearing shall be held on September 29, 1987, at the regular meeting of
the City Council.
It was moved by Strait
the Resolution b6'a op a an u on ro and seconded by _ Courtney
P call there were:
AYES: NAYS: ABSENT:
X
Ambrisco
X X Baker
X Courtney
X Dickson
X McDonald
Strait
X Zuber
133$e
,o•
Y
Resolution No. 87-245
Page 2
Passed and approved this 22nd day of September , 1987.
ATTEST:
Received $ Approved
py the legal Department
/a7
/3304