HomeMy WebLinkAbout1987-09-29 Resolutiono•
RESOLUTION NO. 87-246
RESOLUTION APPROVING THE CONCEPT OF THE EXTENSION OF BOYRUM
STREET NORTH TO INTERSECT WITH HIGHLAND AVENUE.
WHEREAS, the City Council of Iowa City has received a request from
Southgate Development Company to approve a subdivision which includes the
extension of Boyrum Street north to intersect with and terminate at High-
land Avenue; and
WHEREAS, the subdivision cannot be approved without the submission of
certain documents; and
WHEREAS, Southgate Development Company has requested that the concept of
extending Boyrum Street be approved by the City Council prior to submis-
sion of those documents; and
WHEREAS, the City Council finds that the extension of Boyrum Street will
serve the public interest by providing access to and from the commercial
area north of Highway 6 and will alleviate some of the traffic congestion
at the intersection of Gilbert Street and Highland Avenue and that the
extension of Boyrum Street is the most appropriate solution to the access
and traffic problems.
NOW, THEREFORE, BE IT RESOLVED
That h
Street north ytoointersect lwith owa Cand terrmitinatehatvestecHighlandfAvextending
enue. Boyrum
It was moved by Mc0onald and seconded by Courtney the Resolution
be adopted, and upon roll cal there were:
AYES: NAYS:
ABSENT:
X
— X
AMBRISCO
X
BAKER
— X
COURTNEY
DICKSON
MCDONALD
R
y
—
STRAIT
Z
USER
Passed and approved this 29th day of Sent_ o� 1987.
ATTEST:
POCBILIM A APF>,'M�od
gN Th? to$11 �iP;VO%'Od
1341
.o•
r
5�e
September 29, 1987
My name is Susan Horowitz, 1129 Kirk�a�Avenue. I am opposed to the proposal
to extend Boyrum through to Highland and I want to ask if this proposal is
the best solution to the traffic problem on Highway 6, Highland and Gilbert
Streets, and the expected traffic problem on the network of streets adjacent
to this Done.
My question comes from a concern for homeowners who will be effected by the
traffic patterns of the customers at the fast food business at Boyrum and
Highland. It comes from a concern about what many of us see as opening up
a feeder street system connecting Dodge Street with the commercial area south
of Highway 6 and with Dodge Street connecting on down to the Pepperwood resi-
dential area. Is this the best solution for this traffic problem?
A traffic signalization study was requested) no one has heard the results of
that study. Yet we have local traffic and through traffic on Highway 6 which
must deal with delays and frustrations from Sunset St. all the way east to
Sycamore, including an increasing amount of interplay with the Crandic Railroad
track on Highway 6. Is this the best solution to that traffic problem?
Boyrum extension to Highland Avenue would create a route for the commercial
traffic generated in this CII zone, that is if the traffic was headed south,
southeast, southwest. But not so if the commercial or psssthuough traffic
was going north, northeast or northwest. This CIl zone is the only CII zone
in the city to be located adjacent to a developed RS -5 zone. When many of
the homeowners in this area bought their homes Highland Avenue did not go
through to Keokuk. There was never that understanding that their street net-
work would become a feeder system to, from, and through a commercial zone. Is
this the best solution for the traffic problem in this area?
It is my understanding that discussions have taken place with the developer
jand staff, the developer and some members of the Council, the developer and
soem members of Planning and Zoning Commission that there is a possibility of
locating on the Frantz properties fronting on Gilbert Street and realighning
Highland Avenue north to Third and then out to Gilbert. I would like to have
staff address the suggested realignment. Perhaps when coupled with the results
of a Highway 6 signalization study there could be some better choices from which
you and the neighborhood could then say, yet, this is the BEST solution to the
traffic problem. This is the best solution for the developer and the neighbor-
hood property owners. Thank you.
1349
J�
1
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RESOLUTION N0. 87.247
RESOLUTION APPROVING THE FINAL PLAT OF PRAIRIE VIEW ESTATES, PART TWO,
OF JOHNSON COUNTY, IOWA.
WHEREAS, the owners, Thomas Wegman, A&A Coins, Inc., and Doris Marchael have
filed with the City Clerk of Iowa City, Iowa, an application for approval of
the final plat of Prairie View Estates, Part Two; 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 recommended
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 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 Prairie View Estates, Part Two, is hereby approved
on the condition that the 100 -year flood limits as shown on the final plat
be approved by the appropriate governmental authority.
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 resolution
which shall be affixed to the final plat; to execute such legal documents
as the City Attorney shall approve with respect to this subdivision and
that the owner/subdivider shall record them at the Office of the County
Recorder of Johnson County, Iowa and return file -stamped copies to the City
Clerk.
It was moved by McDald and seconded by Zuber the
Resolution be ad op a an.
n onupon ro call there were:
AYES: NAYS: ABSENT:
X
Ambrisco
X
X
Baker
X
Courtney
X
Dickson
X
McDonald
X
Strait
Zuber
Passed and approved this 29th day of _ Sentember 1987,
ATTEST: �/�/ Rocofvad $ Apixovao
ay Tho Legal Doparhneh!
—'i—f-12117
/N-0-5
,o•
5�
RESOLUTION NO.
RESOLUTION APPROVING THE FINAL PLAT OF PRAIRIE VIEW ESTATES, PART TWO,
OF JOHNSON COUNTY, IOWA.
WHEREAS, the owners, Thomas Wegman, A&A Coins, Inc., and Doris Marchael have
filed with t City Clerk of Iowa City, Iowa, an application for approval of
the final plat of Prairie View Estates, Part Two; and
WHEREAS, the prop sed subdivision is located in Johnson County and within Iowa
City's two mile ex aterritorial jurisdiction; and
I WHEREAS, the Depart nt of Planning and Program Devel pment and the Public
Works Department have examined the proposed final pl and have recommended
j approval of same; and
WHEREAS, the final plat h s been examined by the P nning and Zoning Commission
and after due deliberation the Commission has r ommended that it be accepted
and approved; and
WHEREAS, the final plat is fo d to conform ith all the pertinent requirements
of City Ordinances of the City f Iowa Cit , Iowa.
NOW, THEREFORE, BE IT RESOLVED THE ITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
1. That the final plat of Prairi 'ew Estates, Part Two, is hereby approved.
2. That the Mayor and the C' y Cler of the City of Iowa City, Iowa, are
hereby authorized and di r cted to rtify the approval of this resolution
which shall be affixed o the final lat; to execute such legal documents
as the City Attorney hall approve ith to
to this subdivision and
that the owner/subdi ider shall recor them at the Office of the County
Recorder of Johnson ounty, Iowa and ret n file -stamped copies to the City
Clerk.
It was moved by and Seco ded by the
c Resolution be ado a an upon ro call there w re:
AYES: NAYS: ABS T:
i
Ambrisco
aker
urtney
Di kson
McD nald
Stra t
Zuber
Pas ed and approved this day of lg 7,
ATTEST:
CIT $ocelvod & Approvea
By Tho Logol Doparhmat
47 Cr
Y
J�J
ml
RESOLUTION N0. 87.243
RESOLUTION AUTHORIZING THE MAYOR TO SIGN AN AMENDED SUBDIVIDER'S
AGREEMENT PROVIDING FOR THE RELOCATION OF TWO ACCESS EASEMENTS
WITHIN WEST SIDE PARK SUBDIVISION.
WHEREAS, the final plat of West Side Park was approved by the City Council
on December 6, 1983; and
WHEREAS, the Subdivider's Agreement for West Side Park limited access to
Lots 36-41, on the south side of Mormon Trek Boulevard to two (2) speci-
fied access easement locations; and
WHER
zik
bileEPlazahuponhsaidel lots andinhasomadeyapplpicationefort
Large Scalet
tNon-
Residential Development Plan approval; and
WHEREAS, the proposed plan specifies the location of two (2) access points
i. Dr1.vetwhich aereidifferrentthe
fromxtheilocat onand slspecifiedanitheoSu Subdivider's
Agreement Side Agreement and shown on the final plat of West Side Park; and
andWHEREthe Ct
AS, the Public Works Department, the Planning and Zoning Commission
rialsbet reter st, by ten the flow ocil find f traffict the won(Mormonposed access
Bouleva dints would
rial street, by limiting the number of cross -lane turning movements; and
WHEREAS, it is necessary to amend the Subdivider's Agreement for West Side
Park in order to change the location
easements to Lots 36-41. of the two (2) permitted access
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA:
I. That the amended Subdivider's Agreement for West Side Park is hereby
approved to permit limited access to Lots 36-41 of West Side Park
subdivision at two access points directly opposite the existing and
Platted location of West Side Drive.
2. That the Mayor and City Clerk of the City of Iowa Cit
hereby authorized and directed to certify the approval of tar
tion and amended Subdivider's Agreemehisore'solue
nt of West Side Park; and that
the owner shall record this resolution and amended agreement at the
Office of the County Recorder of Johnson County, Iowa, and return
file -stamped copies to the City Clerk.
It was moved by Zubor
the Resolution bandseconded
b
e a op .e an upon Foll
115x0
I
1
.P'
Resolution No. 87-248
Page 2
AYES: NAYS: ABSENT:
x AMBRISCO
K BAKER
x COURTNEY
x DICKSON
x MCDONALD
x STRAIT
x ZUBER
Passed and approved this 29th day of Se ter 1987.
ATTEST:
�T�
Racelved & Approved
By The legal Department
/21A7
1.3xo
AGREEMENT
WHEREAS, West Side Co., an Iowa corporation, the owner and
subdivider of West Side Park, hereinafter called the "Subdivid-
er" and the City of Iowa City, Iowa, a municipal corporation,
hereinafter called the "City", hereby agree to amend the agree-
ment previously entered into between said parties dated Decem-
ber 2, 1983, and recorded December 12, 1983, in Book 675, page
63, Records of Johnson County, Iowa.
IT IS THEREFORE HEREBY AGREED AS FOLLOWS:
1. The first unnumbered paragraph in paragraph 13
(Mormon Trek Boulevard Access) of the Subdivider's Agreement
referred to above shall be amended to read as follows:
The Subdivider, its assigns or succ.Pssors in
interest, covenant and agree that access easements 1
and 2 which are shown on the final plat of said sub-
division and which are shown to be located on lots 38
and 41 are hereby relocated as follows:
a. Access easement 1 is hereby located at the inter-
section of the centerline of West Side Drive
(eastern loop) extended south and the northerly
line of lot 37 of West Side Park.
b. Access easement 2 is hereby located at the inter-
section of the centerline of West Side Drive
(western loop) extended southerly and the north-
erly line of lot 40 of West Side Park.
The accesses referred to above shall be the only
access points from lots 36 through 41, inclusive, to
Mormon Trek Boulevard. Lots 36, 38, 39 and 41 shall
have no direct access to Mormon Trek Boulevard.
2. All other terms and conditions of said Subdivider's
Agreement shall remain the same and be unchanged.
DATED this 29th day of _ Sentember , 1987.
WEST^SIDE CO.�nn Iowa CITY OF IOWA CITY, IOWA
/-B'William . Ambrisco, Mayor
o•
BY.
Marian K. Karr, City Clerk
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
On this 24th day of September , 1987, before me,
the undersigned, a Notary Public in and for the State of Iowa,
personally appeared Earl M. Yoder and Charles A. Barker, to me
&xtQved A iap}•4.ovL
Ey Tiro Im, f e,:anm�fy
.o•
a
-2 -
known, who, being by me duly sworn, did say that they are the
President and Secretary of said corporation executing the
within and foregoing instrument to which this is attached, that
the seal attached hereto is the seal of said corporation; that
said instrument was signed and sealed on behalf of said corpo-
ration by authority of its Board of Directors; and that the
said President and Secretary 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.
d � JAMESD.H000HTON
MY Septemberr 7 19
STATE OF IOWA
ss:
JOHNSON COUNTY
�... ►. 0%,1CI
11 r
jr
On this 29th day of September , 1987, before me, the
undersigned, a Notary Public in and for the State of Iowa, per-
sonally 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 munic-
ipal corporation executing the within and foregoing instrument;
that the seal affixed hereto is the seal of said municipal cor-
poration; that said instrument was signed and sealed on behalf
of said municipal corporation by authority of the City Council
of said municipal corporation, and that the said William J.
Ambrisco and Marian K. Karr acknowledged the executed of said
instrument to be the voluntary act and deed of said municipal
corporation, by it and by them voluntarily executed.
04/10-04-13
Notary Public in and for the
State of Iowa.
i
54 -
September 24, 1987
Mr. Richard J. Boyle
Assistant City Attorney
Civic Center
410 East Washington Street
Iowa City, Iowa 52240
Re: West Side Park Subdivision - Amended Subdivider's
Agreeme t
S tv /i. n
Dear Dick:
Please find enclosed four original amendments to the sub -
divider's agreement. Please let me know if you need anything
further.
Ver truly yours,
J es D. Houghton
JDH/tcw
Enclosures
cc: Iowa City Planning Department
Larry Schnittjer
Rr- -•tl-D
SEP 2 5 1987
LEGA: -TM/�7O
BARKER, CRUISE, KENNEDY, HOUGHTON $ FOSTER
LAWYERS
CHARLES A BARKER
311 IOWA AVENUE- P.O. BOX 2000
JOHN D. CRUISE
IOWA CITY. IOWA
MICHAEL W. KENNEDY
522M AREA CODE GID
JAMES D. HOUGHTON
TELEPHONE 301.8181
DAVIS L FOSTER
September 24, 1987
Mr. Richard J. Boyle
Assistant City Attorney
Civic Center
410 East Washington Street
Iowa City, Iowa 52240
Re: West Side Park Subdivision - Amended Subdivider's
Agreeme t
S tv /i. n
Dear Dick:
Please find enclosed four original amendments to the sub -
divider's agreement. Please let me know if you need anything
further.
Ver truly yours,
J es D. Houghton
JDH/tcw
Enclosures
cc: Iowa City Planning Department
Larry Schnittjer
Rr- -•tl-D
SEP 2 5 1987
LEGA: -TM/�7O
!21r
0
RESOLUTION N0. 87-249
RESOLUTION APPROVING THE PRELIMINARY LARGE SCALE NON-RESIDENTIAL
DEVELOPMENT PLAN FOR JOHN CHEZIK HOLDING COMPANY, INC. FOR PROPERTY
LOCATED AT THE INTERSECTION OF HIGHWAYS 1 AND 218, AND MORMON TREK
BOULEVARD.
WHEREAS, John Chezik Holding Company has filed with the City Clerk of Iowa
City, an application for approval of a preliminary Large Scale Non -Residen-
tial Development Plan for property located at the intersection of Highways 1
and 218, and Mormon Trek Boulevard, which is legally described as follows:
Lots 36, 37, 38, 39, 40 and 41 of West Side Park subdivision, Iowa
City, Iowa, the plat for said subdivision being recorded in Book 24,
at Page 45 of the records of the Johnson County, Iowa, Recorder's
Office. Said tract of land contains 9.26 acres, more or less.
WHEREAS, the Large Scale Non -Residential Development Plan is for an automo-
bile plaza consisting of three separate phases; and
WHEREAS, the Department of Planning and Program Development and the Public
Works Department have examined the preliminary Large Scale Non -Residential
Development Plan and have recommended approval of same; and
WHEREAS, the preliminary Large Scale Non -Residential Development Plan has
been examined by the Planning and Zoning Commission and after due delibera-
tion the Commission has recommended that it be accepted and approved; and
WHEREAS, the preliminary Large Scale Non -Residential Development Plan is
found to conform with all of the pertinent 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:
I. That the preliminary Large Scale Non -Residential Development Plan for
John Chezik Holding Company, Inc. is hereby approved.
2. That approval of the preliminary plan does not constitute final approval
of the development but is merely an authorization to proceed with the
preparation of the final plat based upon the parameters set in this pre-
liminary plan.
It was moved by Zuber and seconded by Courtney
the Resolution be a op e , an upon ro call there were:
/37/
1)-A
Resolution No. 87_�49
Page 2
AYES: NAYS:
ABSENT:
X
X Ambrisco
X Baker
X Courtney
X Dickson
X McDonald
g Strait
Zuber
Passed and approved this 29th day of September
1987•
I ,
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ATTEST:���/
I L111 cLtKK �"`�
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p",xih�4d R ApFol
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1371
STAFF REPORT
To: Planning & Zoning Commission Prepared by: Barry Beagle
Item: 5-8722. John Chezik Imports Date: September 17, 1987
GENERAL INFORMATION
Applicant:
Requested action:
Purpose:
Location:
Legal description:
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:
John Chezik Holding Company, Inc.
3910 N. Oak
Kansas City, Missouri
Preliminary LSNRD plan approval.
To establish an automobile
dealership.
At the intersection of Highways 1
and 218, and Mormon Trek Boule-
vard.
Lots 36-41, West Side Park Subdi-
vision.
9.26 acres.
Undeveloped; CI -1.
North - Commercial and Undevel-
oped; CI -1.
South - Highways 1 and 218 Inter-
change; County.
East - Highway 1; County.
West - Highway 218; County.
Highway and Intensive Commercial.
August 26, 1987.
October 12, 1987.
Public water and sewer service
are available to the site and
will be provided by the city.
Police and fire protection will
be provided by the city. Sanita-
tion service will be provided by
a private hauler.
The site has limited access to
Mormon Trek Boulevard.
/37/
Physical characteristics: The site is gently rolling,
draining into the Highway 1 and
218 rights-of-way. There are no
physical features of the site
which will prevent its reasonable
development.
ANALYSIS
The applicant is proposing the development of a plaza for three automobile
dealerships to be constructed in three (3) phases. Each phase will involve
the construction of a 12,000 square foot building and associated off-street
parking and vehicle display areas. It is anticipated that each phase will
represent a different franchise while the site is retained under single
ownewill be and streated
tssingle
be�ocatedattheeastendof l
the site nearestot. The the phase,
vard/Highway 1 intersection. The applicant hopes to begin construction yet
this year in order for Building "A" to be in operation by March 1, 1988.
According to the applicant's time table, the next two (2) phases would be
completed over the following two (2) years. (See Attached Letter.)
Since the development is over two (2) acres, John Chezik Holding Company,
Inc., is requesting preliminary Large Scale Non -Residential Development
(LSNRD) Plan approval. If approved, the LSNRD regulations permit administra-
tive approval of the final LSNRD plan if it is in compliance with the ap-
proved preliminary plan. The proposed development is in substantial
compliance with the Zoning Ordinance and Large Scale Non -Residential Develop-
ment regulations. A more thorough analysis of the proposed development is
provided as follows.
Off -Street Parking Requirements:
According to the "Plan Notes," each building will be evenly divided
between sales and service, about 6,000 square feet each. Section
36-58(a)(2) of the Zoning Ordinance, requires that parking be provided at
a ratio of one space per 500 square feet of floor area for "motor vehicle
sales" (12 spaces) and one space per 300 square feet of floor area for
total "automotive service and repair" (20 spaces). For all three (3) phases, a
paces
cordingfto6therking plan,sBuildinge"A" hase38or 32 designatedsoff-street parking
spaces and Buildings "B" and "D" provide 35 off-street parking spaces
each, for a total of 108 parking spaces. Two (2) spaces per building are
designated for handicapped parking in compliance with the standards of
Section 36-58(h). The parking areas designated for each building are in
compliance with the construction, design and location requirements of
o• Section 36-58(c).
a
2. Off -Street Loading Requirements:
For uses having a floor area of 10,000 square feet or more and which
require "...the receipt or distribution of materials or merchandise by
trucks or vans..," Section 36-59(a) requires at least one (I) off-street
loading space be designated for each building. The plan provides for one
1371
s e per building. According to the
ac
I., submitted the applicant, it appears that the load -
(1) regulation off -street
-street loading P arts room within each building.
typical floor located adjacent to the P
ing space is
3, Tree Regulations:
1lHige in 218) and f such
re
ratio of one (1) tree per
The development
Mormon Trek cBouleva�dlH�ghway cated at the intersection o
(3) streets ( trees to be planted ata With a total frontage of
requires right-of-way aired to be planted. The
60 feet of lot frontage (Section trees3(are2req
2,852.94 feet, 4B right-of-way
proposed plan makes provision for 48 trees. Section
spaces are required for each building, Section
arking P area trees be provided•
Since more than . es that parking
section -
36 -73(b)(1) compliance with the requirements of this section.
plan is in substantial
h the West
q, Stormwater Management'.art p this site do not
agement is in p provided for this site through
man,The six (6) lots comprising
Side Park
Subdi has been
Side Park Subdivision. Cpapensating storage
drain within the subdivision into the stormwater de across the Highway.l
j at the north end of the subdivision• Creek The western lots drain
provided, however, for the eastern lots that drain
right-of-way and ultimately into Willow into the detention basin
into a tributary and ultimately
indirectly the development of surrounding Properties.
without affecting
provided
i 5, Public Services: Brant next to
ro oses to locate a fire by
police and fire protection are available to the site and will e P
by the City. The applicant p P 6 inch water line. Each of
accessible from Mormon Trek Boulevard
each budding; each will be served by a six ( )
the three (3) hydrants is readily
and meets with the requirements of the Fire Marshal.
6, Public Utilities:
Sanitary sewer service will be provided by the extension of as eight in
feeds into the Southwest
This line eventually ,B" and D
inch sewer main across Mormon Trek Boulevard to tie-in with an Southwest
line on West Side Drive. A having to use a private
Interceptor Sewer Main near Willow Creel DT " having
to u inch sewer
Will be served by gravity completed,
force main to pump sewage to the west toofcWest Side Drive ive(is comp
main. At such time as the eastern sewers to drain directly north across
the Public Works Department would prefer that the force main be abandoned
and that Building "A" use gravity
Mormon Trek Boulevard to sewers in West Side Drive. 12 inch
Adequate mater service is available to the site via a twelve ( )
water main on the north side of Mormon Trek Boulevard.
7. Airport Overlay Zones:
The site lies within the Approach Overlay (OA) Zone of Runway 6 (See
Attached Map). The approach surface of the OA Zone extends outward and
upward from the end of Runway 6 at a slope of 34:1, Section 4-74(c). Each
building is to be constructed at a height not to exceed 19 feet, 4
Public Works Deped artmenon t hassdeterminednthate elevtios bthetbuildings wimited the ll�bent
bthe
elow
the approach surface of the OA Zone. The plan also references the maxi-
mum height of light poles within the parking and vehicle display areas.
These lights have also been found to not violate the height restrictions
of the OA Zone. Section 4-75(a) requires the applicant to file FAA Form
7460-1, "Notice of Proposed Construction or Alteration" prior to issuance
of a building permit since each building will extend through an imaginary
plain which extends upward and outward from the end of the runway at a
100:1 ratio.
8. Vehicular Access:
Access to the site is limited to Mormon Trek Boulevard, a two-lane pri-
mary arterial street. With approval of the final plat of West Side Park
in 1983, access to Lots 36-41, on the south side of Mormon Trek Boule-
vard, was limited to two (2) locations. One access easement was desig-
nated on Lot 38, the other on Lot 41 (see Attached Final Plat). Lots
36-41 are treated as a single lot for purposes of this development pro-
posal.
On a major thoroughfare the number of access points should be kept to a
minimum. Any access point represents a potential point of conflict
impeding the flow of traffic on the street. In order to limit the number
of cross -lane turning movements, the two (2) access locations have been
shifted from the location shown on the approved plat to points directly
opposite West Side Drive as it exists and as it is platted. This shift
does not require amendment of the approved final plat.
9. Economic Impact:
Economic impact is a measure of the public costs and benefits associated
with a proposed project. The emphasis of this portion of the report will
focus on the economic impacts of the proposed structural improvement.
Public benefit can generally be measured in terms of the estimated tax
revenue generated and the potential number of jobs created. The liabili-
ties or public costs are not always quantifiable, but, can be recognized
through direct public improvement costs (i.e. overwidth paving, sewers,
etc.) and indirect public costs through the additional public services
demanded by the proposed project.
Each of the three (3) proposed buildings are estimated to cost approxi-
mately $350,000, which is roughly equal to their assessed value. At a
current City levy rate of $11.54919/$1,000 of assessed valuation, the
City would generate approximately $4,042 in taxes per phase of construc-
tion or $12,126 for the entire development. The total figure may change
up or down since the levy rate may change during subsequent years of
1371
.1.
M
5
development. The applicant estimates that each franchise will generate
employment for approximately 31 people or 93 people for the entire devel-
opment.
i
There will be indirect costs associated with the proposed project through
increased water usage, sewer capacity, etc. With full development of
this site and other parcels in West Side Park, petitions for the
signalization of the intersection of Mormon Trek Boulevard and Highway 1
may be expected. However, the proposed development is not expected to
involve a significant commitment of public funds or services beyond that
currently available to the site.
STAFF RECOMMENDATION
Staff recommends that the preliminary LSNRD plan for the John Chezik Holding
Company, Inc., be approved.
ATTACHMENTS
I. Location Map.
j 2. Applicant's Letter with Timetable.
3. Preliminary LSNRD Plan.
4. Floor Plan.
5. Copy of Final Plat of West Side Park.
6. Copy of Airport Overlay Zoning Map.
Approved by;
nald S hmeiser, Director
epartment of Planning
and Program Development
13N
0
M
Location Map
John Chezik Imports
S-8722
.o•
r
1,
John Chezik
flolding Co., Inc.
t
August 31, 1987
Karin Franklin, Sr. Planner
City of Iowa City
Civic Center
410 E. Washington St.
Iowa City, IA 52240
Ms. Franklin,
This is to advise that our proposed development schedule
iis for Building "A" to be yet this year providing weather
permits. We want to be in this building no later than
March 1, 1988.
Building "B" & "D" will be a year later and two years
later, respectively.
Thank you for your attention to these permits.
Yours Truly,
John M. Chezik
JMC/lk
IZCCCIVCD
SEP 02 1987
P.P.D. DEPARTMENT
37/
Desk 5tnashi, Cood Deal,
81v-1; 2-7000
John Chezik IluldinG, Co., Inr• • 3910 North O.ih K;tnus Chy, 111ss"uri 6411(,
.V'
4
Y
TYpical Floor Plan
John Chezik Imports - S-8722
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RESOLUTION NO.
RESOLUTION APPROVING THE PRELIMINARY PLAT OF ROCHESTER PLACE, A
SUBDIVISION IN IOWA CITY, JOHNSON COUNTY, IOWA.
WHEREAS, the owner, Dean Oakes Construction Company, has filed with the City
Clerk of Iowa City, Iowa, an application for approval of the preliminary plat
of Rochester Place; and
i
WHEREAS, the Department of Planning and Program Development and the Public
Works Department have examined the proposed preliminary plat and have recom-
mended 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; and
WHEREAS, the preliminary plat is found to conform with all of the require-
ments 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:
t 1. That the preliminary plat of Rochester Place is hereby approved.
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 and seconded by
the Resolution be a op e , an upon ro call there were:
AYES: NAYS: ABSENT:
Ambrisco
Baker
Courtney
Dickson
McDonald
Strait
Zuber
Passed and approved this day of
1987.
° I
� YOR
ATTEST:
CITY CLERK
KUSBIYEd M iIFLgGY^..j
By The tagal Cepme naot
/3702W
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To: Planning & Zoning Commission
Item: 5-8721. Rochester Place.
GENERAL INFORMATION
Applicant:
Requested action:
Purpose:
Location:
Size:
Comprehensive Plan:
Existing land use and zoning:
Surrounding land use and zoning:
Applicable regulations:
File date:
45 -day limitation period:
SPECIAL INFORMATION
Public utilities:
Public services:
STAFF REPORT
Prepared by: Monica Moen
Date: September 17, 1987
Dean Oakes Construction Company
Hawkeye State Bank Building
Iowa City, Iowa 52240
Phone: 338-1144
Approval of a preliminary subdi-
vision plat.
To permit development of 22
residential lots.
South of Rochester Avenue and
west of First Avenue.
8.46 acres.
Residential: 2-8 dwelling units/
acre.
Undeveloped; RS -5.
North - Regina Schools; RS -5.
East - Undeveloped, Commercial,
Multi -family residential,
Single-family residential;
CN -1, RM -20, RS -5.
South - Single-family residen-
tial; RS -5.
West - Single-family residential;
RS -5.
Provisions of the Zoning Ordi-
nance, the Subdivision Regula-
tions, and the Stormwater
Management Ordinance.
August 26, 1987
October 12, 1987
Adequate sewer and water services
are available.
Sanitation service will be pro-
vided by the City. Police and
fire protection are available.
/370-
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Transportation:
Physical characteristics:
ANALYSIS
ZO1in2 Ordinance
Com liance
The loc t r°posed subdivisio
Vehicular access is available via
Rochester Avenue and its inter-
section with Rita Lynn place, the
Proposed cul-de-sac serving this
subdivision.
The
allytfallsaPhy Of the site gener-
from a to the east and west
within north -south ridge located
the center of the tract.
a ed within the RS -5 n is an 8.46 acre, L-shaped tract
the proposed lots ' Low Density Single-L-shl of land
the ordinance for meet the minimum dimensional r qu�rements�sl which is
property located zone All of
Subdivision in the RS -5 zone. Pecified within
Code Compliance
The plat for Rochester Piace
containing approximately identifies this tract
residential lots. Y 6,3 acres, is as two
proximately Each en the subdivided Parcels. Parcel 1
contains h 800 feet in len lots fronts onto into 21 single-family
the stormwater length. Parcel 2 a cul-de-sac which
approximate one acre lot management basin 'for the 2.2 acres is ap-
.a
which is accessible the entire develo 1n size,
The plat indicates only from First Pment and
from the existin that the proposed alignment Avenue.
school complex bg dr7Ye which leads to lignment of Rita Lynn Place is
expected m y approximately 35 feet. the Regina elementar offset
tate the movgenerate a considerable The Regina educational Complex and high
Lynn Place of traffic on Rochester °f traffic, complex is
Section should be aligned Avenue paved order to fRit-
[rights-of- ay] 2) of the Subdivisiurei dr1Ve ' the paved surface of
way] op leading to the Regina Rita
avoided." less than one Regulations specifies a „schools.
Occur when road standard minimizeshundred twent ( ) that
[')jogs of
125 feet. Ys are St the the congestion and 125 shall be
dard. The Plat should bgeered from one another b confusion that can
amended to reflect comY a distance less
compliance with t than
The angle of intersection his stan-
center line of Rochester of the center line of
range specified within Avenue is noted on the Rita Lynn Place
that corner lots the Subdivision plat and falls with the
minimum radius which abut Regulations. The regulations hde the
Comprehensive of 15 feet, an arterial or collector street
Plan Because Rochester shall note
should be noted ' a secondary arterial Avenue is have a
shown for each loan the plat street, a minimum raccordin to the
on corner lots 1 and 21Of
15 feet
SecondaryA 20 foot radius is
arterial st
the Comprehensive Teets are designed
dory arterials Plan' therefore to carry large volumes
for residential uses does not permit driveway s traffic;
in order to effectuatey access to secon-
the ability of an
/3
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arterial to circulate traffic within the City. Because Rochester Avenue is
proposed subdivision should be restricted to Rita Lynn Place. The plat notes
classified as a secondary arterial, driveway access from lots 1 and 21 of the
this restriction.
of Rita Lynn Place. The plat also notes that
placed within the right-of-way typical street section indicates that a four foot wide sidewalk will e
The f -way
of the subdivision's
sidewalks will be installed within the rights-of-wayeaibd than 8e feet in
permitfrontaes the nCRochty toterequereecrosswalks Avenue. blocks 9 Subdivision Regulations
length. Because the length of the block within entsssproximityn to exceeds
High
threshold and because of the proposed developm
School and Hoover Elementary School, staff recommends that a sidewalk between
the Rita Lynn Place turnaround and First Avenue be installed p vate prop -
pedestrian 6 of the Subdivision Reg
pedestrian traffic and to discourage the use of shortcuts over private pro -
erty to access these schools. Section 3red. e 1
tions requires that crosswalks, if required, be dedicated to the City.
The legal descriptions noted on the plat contain no bearings. As written, it
royal, closure of the descriptions is required.
is not possible to delakmaPP whether the descriptions close within the rang
allowed. For final p
Future Development of Lot 22 (Parcel 2
preliminary plat of Rochester
the proposed
The lot identified as Parcel 2 on the proposed ,the fact
Place is separated from the other lots within the subdivision by proposed for the
system prop
location of the subdivision's stormwater management basin and Y
that this parcel is not accessible via the roadway y
development. Due to this lot's isolation from the rest of the subdivision,
the development of this lot cannot be integrated with the development decisions
versus single-family development on the parcel also be
other residential lots of this subdivision. Future land use decisions
regarding multi -family ro riate access to First Avenue mayalso
no doubt arise. questions of app P create a
raised. Platting of the subdivision as submitted nn Place and may P
ity of integrating the lot with lots on Rita Ly
difficult land use issue in the future. the
Iconsider recommending that the Rita Lynn Place right-of-way order to integrate this parcel with the rest of the subdivision,
be
rst
Commission may from its southern terminus so that it intersechi-of-ways with �and
extended easterlyould front onto
Avenue. Additional resid Ce ial ldtbecmore predictable.this rig
the future use of this pa
Stormwater Mana ement ordinance
of the tract generally falls to h the east and the west, on
The topography
either side of a north -south ridge located within the center of the tract.
The stormwater management wsystem rlocated withined for �the ureariyards of sion includes
lots
foot wide drainageur ose of these drainage swales is to
which front on Rita Lynn Place. Thep P
capture stormwater draining from this subdivision and. to direct the water o
wired to ensure that
nitor-
storm sewers which lead to the stormwater storage bain. CoPtinuestormwater
of intercepting ing and maintenance of these drainage swales would be
the swales are not altered and that their purpose
within this subdivision is not affected. This system must be reviewed an
/37z-
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approved by the City's Public Works Department prior to Council consideration
of this plat. Prior to final plat approval, stormwater calculations must be
approved and erosion prevention and control measures need to be shown.
Economic Impact
Although rollbacks of assessed values and tax levies change from tax year to
tax year, it is possible to estimate the annual taxes that would be generated
by the development of each lot within the proposed subdivision. Given the
value of existing residential developments in the immediate area of the
proposed subdivision, the assessed value of each of the lots which fronts on
Rita Lynn Place, including a residential dwelling, is estimated to be
$123,000.
For tax purposes, the value of the residential uses within this tax year are
rolled back to 77.3604% of their assessed values. The City tax levy pres-
ently imposed upon a residential use is $11.54919/$1,000 of assessed valua-
tion. Assuming a lot in the proposed subdivision is developed and that the
property has an assessed value of $123,000, the amount of tax due on that
Property this year would be approximately $1,100.
Lynn Place were developed today, the City would realIf the 21 lots along Rita
ize an annual increase in
the tax base of approximately $23,100.
While no direct construction costs to the City are required with this subdi-
vision, indirect costs such as garbage pickup, maintenance of streets and
municipal utilities, and police and fire protection are incurred. with
increased residential development , local schools, parks, the public library,
the transit system, and roadways outside the development are also affected.
provide municipal services.
This subdivision is not expected, however, to impact the City's ability to
STAFF RECOMMENDATION
Staff recommends that consideration of the preliminary plat for Rochester
Place be deferred but that upon resolution of the deficiencies and discrepan-
cies listed below, the plat be approved.
DEFICIENCIES AND DISCREPANCIES
1. Align the Rita Lynn Place right-of-way with the drive leading to the
Regina elementary school and high school complex.
� 2. Note the
presence of a proposed sidewalk between the Rita Lynn Place
turnaround and First Avenue.
3. Consider the extension of Rita Lynn Place easterly from its southern
terminus so that it intersects with First Avenue.
4. Obtain approval by the City of the stormwater management system proposed
for this subdivision.
ATTACHMENT
I. Location Map.
0374L
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ACCOMPANIMENT
1. Preliminary plat of Rochester Place.
Approved by:�
nald 5 hmeiser, Director
epartment of Planning
and program Development
/370L
LOCATION MAP
S-8721
ROCHESTER PLACE
Y
/3 760%w.-
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CITY OF IOWACIVIC CENTER 41 O E. WASHINGTON CITY
ST. IOWA CITY, IOWA 52240 (319) 356-5COC)
September 30, 1987
Chairperson Betty Ockenfels
Members of the Board of Supervisors
913 South Dubuque Street
Iowa City, Iowa 52240
Re: Tom Cannon Rezoning Request
Bear Betty and Members of the Board:
The City Council has received a request from Tom Cannon to rezone a 3.0
acre parcel in Newport Township from A-1. Rural, to RS, Suburban Residen-
tial . The Property, which is located east of the Highway 1 right-of-way,
approximately 1.5 miles north of Iowa City, is in Area 4 of the Johnson
j County/Iowa City Fringe Area Policy Agreement.
At its September 17, 1987, meeting, the Planning and Zoning Commission
found, a vote of 6-0
on is consitnt with
theecently amended Policy hstatement at the bfortthatlpo tiion of Areas
4elocated
east of Highway 1 and north of the Iowa City corporate limits and Inter-
state 80. Subsequently, the City Council acted in accordance with that
recommendation at its September 29, 1987, meeting. Both Council and the
Commission found that this rezoning request is in compliance with the
policies established for Area 4.
Thank you for the opportunity to review this application.
Sincerely,
William J. Ambrisco
Mayor
MM/sp
/373
City of Iowa City
MEMORANDUM _
Date: September 17, 1987
To: Planning and Zoning Commission
From: Monica Moen, Associate Planner
i Re: CZ -
8717. Tom Cannon.
� Tom Cannon has filed an application
Area 4 of the Johnson Couy-Iow requesting that a 3.
Rural to RS, Suburban Residentiajwa City Fringe Area be 0 acre parcel in
located approximate) The site rezoned from q -i
Of Iowa City. Y one-half mile east of Highwaypof a 127 acre tract, is
I Y• The attached map depicts the loctiooP this 5 miles north
Both the City and the Count parcel.
cies for that Portion of Areah4ewhi�hn�sylocateddthe east of Highway
and
north of the Iowa City corporate limits and Interstate 80.
permits residential development within the eastern
density of one dwelling The new po7a�y
not require one
dw llinonunitPer three
acof a portion ve Area 4 at a
reconstruction or the three acres provided the development w{11
surroundi�' the proposed development will not public road by the City or
existin 9 Properties, conflicts between residentialnegative impact on
g farm uses are minimized, and natural features within the developa
i ment are protected. An amendment to the Count
establishes a zoning classification to im
acre densit Y Zoning Ordinance which
sots. y has also recently been added blement the one unit
y the Count Per three
y Board of Supervi-
iDevelopme_ nt-t�
The applicant proposes to purchase approximately six acres of a
tract owned by William and Joan Frees. While about Of the two acres of the six
acre parcel {s tillable, the remaining127 acre
The applicant wishes to rezone 3.0 acres the timberland lfr
in order to allow construction of P is in timber.
consistent with the development one dwelling from A -I to RS
Area 4. Pment density ado 9 unit. This proposal is
adopted for the eastern Portion of
RoadConstruction
o The proposed development will not require construction or reconstruction
If a public road by the Cit
be obtained or County. Access to the subject
count via as existingfield access located on the north side of a
y road with a crushed rock surface. Parcel will
field entrance and extension of the access roadrovements to the existing
tial use would be financed by the applicant,
to the proposed residen-
/3 73
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Impact on Surrounding Properties
Land adjacent to the subject parcel is either timberland or used for
agricultural purposes. Residential uses, however, are in the i
vicinity of this tract. A 40 acre residential subdivision and a
15 lot mobile home court are located southwest of the immediate
smaller subdivisions are 5 acre,
several small parcels within hl 5 miilest0r mile north of thPsproperty and
rcel. Three
residential use. The proposed' residentialthersubjectng tract
t arezoned
consistent for
with existing residential uses in the surrounding area and is expected to
have a negligible impact on these uses.
Minimization of Conflicts Between Uses
The applicant has expressed his intent to construct a residential dwelling
within the timbered portion of the parcel.
buffer this residential use from surrounding agricultural activities;
these two uses are, therefore The timberland will serve to
not expected to interfere with one another.
Protection of Natural Features
The applicant intends to preserve the timberland located
Only a minimal number of trees would be removed to place the residential
dwelling on the site. on this parcel.
Point along the western The
Of topography
parcel the tract slopes from a
boundary. Retention of the timbered aresonthe tract will serve s'ga
buffer and as a visual amenity and will aid in controllingto the erosion eastern
the
tract and on adjacent properties.
STAFF RECOMMENDATION
Staf
ommends that
thatfthecsubject equesthtoCrezone ouncil 3 0 acresward f omaA-1 to RS is consistent
With the development Policy for comment to the County
be-
tween Johnson County and Iowa City.rea 4 of the Fringe g Area Agreement be -
Approved byka'
i �(4c6C�
c me ser, rec or
Department of Planning
ATTACHMENTS
& Program Department
1• Location Nap.
2. Topographic Map.
3. Aerial photograph.
4. Staff Report dated September 4, 1987 from Ben Johnson, County Zoning
Administrator.
5. Application Form.
tp5/4
137,3
9
4
LOCATION MAP
CZ -8717
Tom Cannon
0
/373
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a
TOPOGRAPHIC MAP
CZ -8717
Tom Cannon
AERIAL PHOTOGRAPH
CZ -8717
Tom Cannon
/373
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STAFF REPORT
SEPTEMBER 4, 1987
T0:
Johnson County Zoning Commission
Johnson County Board of Supery sor
FROM: Johnson County Planning 8 Zoning Office
Ben Tom Cannon
RE: Application 29717 2001 Sth St. Pl.
522`41
A-1 Rural to RS Sub Res. Coralville, Ia
3.0 acres 127 acre
Application 28717 request rezoning
of 3.0 acres cE a Rarcel is
.50 miles east of Highway
located at the end of a dead-end road, four
tract From A-1 Rural to RS Suburban esidential. T e
and 1,S miles north of Iowa City, Ia. The area adjacent on all
nd
sides is zoned A-1 Rural.
There is a large 40 acre subdivision adjacent to the southwest, several
ere
three small subdivisions milesithatles narehzon zoned aresidential re also use'
small p - Johnson County Fringe
There !s also arcellismlocated oin Iowacity
LjO miles scuthwest of this
Parcel. The p
Area Four which is under consideration Era a minimum density of three
acres per unit. roved and is to be split aFE of any
IE this application icoval is required prior to starting
larger tract, a plat apP
construction.
SPECIAL INFORMATION:
1, Weighted CSR
2, Area Requirements Scion
3, Fire Protection furnished by Johnson County
4. Law Enforcement Furnished by
S. LSSA Total
1
/373
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d,
AOplica LIQn Ila ;871
AD011cants raw
0,000sed Zoning inal Use
Residential
Single Family
Site n
Site Location
Sec•Lo Two. eO Sig. 5
JOHNSON COUNTY
LAND EVALUATION AND SITE ASSESSMENT
Iractorl
(Point
(Site
(Leight)
Value)
Assessment)
L Agricultural Lan* Use
A. Amount nt of land In Agricultural use within
silt
more .5
75•d90
of site
IO
50.7a:
g
'tss (Tan 253
)
8. Amount it,and '0 Agricultural use so jo ming
flee )
27
7e_-•890
:0
SO.7a3
g
:5.493
:est than 1St
J
•• percent u1 site 11 11rlcultural use
?S!. ;=
0
20
SO - 74%
i0
• 25-491 11.0)
7
lett than
0
10
A Amcurt 31 land :Onea 41 r sA1,vl -Itr:n 9 Giles
Amt cort
of si to
50•i::
2S•a5; C.0)
Less thar.:9:
1
d. amount of isno zoned A2, i, t n n .S ,1
Last 2
lvs
9
ACref
2•9 acres
if s1:,
to
:0.19 acres f2 �)
7
20 acres or more
A
0
It.. ComOatiD11"ty and/or Impact of arcpasec Use
A•. Sire
at proposed lite
20 acres or Gore
10.19 acres
(]•0)
10
2.9 acres
9
Less. than 2 Acre,
7
21
17. Existing Leve) of outillc Services
]
_
A. C:unty road system
Limited Access • Crushed stone rOJO
Limited
LO
access • all To
Access to Oavtd Secondary Road
a
(a
ACCOSA to parte Primary Mlgh,0) ray
4
Atcas, td taaroved NunlClpAI Street extension
B. Arai faDlllty fire
2
0
40
o/ protection
"lthln 10 miles
ar more (1.0)
""thin 5-9 miles
10
Within less than S @ties
8
V. Land Use reAAtDlltty '
0
6_
A. Soil sultaDlllty for an•Alt@ mots disposal
Serere limitations for
septic listens (1 0)
0)
M1nor 11@itatlon, IMI&I mAnagn
!0
tnt reir
No li@1tatlonA qu
5
8, fire of N 0 fallible for fanllq
0
5
80 acne or more
40.79 acres
10
20.19 acres (2.0)
S•19
9
5
acne
Les, than 5 Goss
]
0
0
' SITE
ASSESSMENT
_
138
LANO
EVALUATION
_
LESA
TOTAL
/373
APPLiCA7IC'4 TO REZONE
DATE: (6-00-87
(,2-z ��r7
NUMBER: Z-8%/'
TO BE FILED WITH THE OFFICE OF THE JOHNSON COUNTY 20NING
ADMINISTRATOR. THE APPLICATION SHALL CONTAIN A MAP OF LARGE ENOUGH
SIZE TO SHOW THE PROPERTY FOR RE20NING OUTLINED IN REO, THE PROPERTY
WITHIN SOO FEET OF THE PROPERTY FOP REZONING OUTLINED IN BLUE AND A
DIAGRAM DRAWN TO SCALE CNC SMALLER THAN ONE INCH EQUALS ONE HUNDRED
FEET) SHOWING THE LOCATION OF THE PROPOSED OR EXISTING ACCESS TO THE
PROPERTY.
TO: JOHNSON COUNTY BOARD OF SUPERVISORS
JOHNSON COUNTY ZONING COMMISSION
THE UNDEQSIGNEO 15 THE COWtJER), (CONTRACT FURCHASER), CCPTION
PURCHASER) OF' THE FOLI.CWING OESCRIEEG PROPERT', LOCATED IN THE
UNINCORPORATED AREA OF NewportT--W.'7SHIF, JOHNSCN COUNTY, IOWA AND
REQUESTS THAT YOUR CC.'!1'.!5SIGN CONSICER FOR RECLPSSIFICATICN OF SAID
PROPERTY FROM A-1 DISTRICT TO -RS,-- DISTRICT LOCATED AT (LAYMAN'S
DESCRIPTION): North on Hwv_ No. 1, 1.0 miles from the__pjd e_- Road -.intersection,
then Fast on County_Road 5/8 m_tle on_the Nph... aide-.jrLTlmlerland—--_
COMPOSED GF - 3.0_ ACRES, AN❑ LEGALL'! DESCRIBE❑ AS:
SEE A'ITA=
NAMES AND AJORESSES C:• Ot INFRS RECORC: William & Joan Frees
Box 210
---- ---- -- — - - -Solon, Iowa 5233,3
NAMES AND AGORESSES ❑F THOSE PERSONS C:J'7i�:G PRDPER'Y Wi THiIJ SCO FEE?
OF ANY OF THE ASOUE OESCP!EEO PROPERTY:
SEE A4TACHED.LIST. ------ - -----
APPLICATION SHALL BE TED BY FUP.N1SY.i'JG TWA CHECKS ��AOE PR'(FlSLE 70
THE JOHNSON COUNTY TREASURER: ONC IN THE -;!CUNT OF FIVE COLLARS (S.00)
FOR A REZONING SIGN, THE OTHER IN AN A;7:U.'7T WHICH VARIES DEPENDING ON
THE NATURE OF THE APPLICATION. THE APPL!CA?JT IS TD PICK UP AND POST
THE SIGN ON THE ABOVE DESCRIBED PROPERTY WITHIN SEVEN (7) GAYS FROM
FILING OF THIS APPLICATION.
o•
5 GNATURE OF OWNER OR C^NTRPCT OWER
ACORESS AND TELEPHONE NUME,ER OF OWNER
a
RGE"fohnson i�co. Ipyya -----'
A00Rtil55 �A}J��LEPHONE OF AGENT
'�vU&'IY AUDIiO�
/373
LEGAL DESCRIPTION
3.0 Acres Proposed Rezoning
Commencing at the Southwest Corner of the Southeast Quarter of Section 19,
Townsalonghthe85 uthtLineaofesaidest of the Sth. Southeast Quarter, 4501 Thence
East
0 feet, tothePoint
of Beginning; Thence North 375.00 feet; Thence East 350.00 feet; Thence
South 375.00 feet; Thence West 350.00 feet, to the Point of Beginning.
Said tract of land contains 3.00 acres, more or less.
#1888-001/Tom Cannon
08/20/87 - RDM/cas
(1888001L.01 - Contents.35)
Y
FILED
Johnson Co. Iowa
-
AUG 2 11987
COUNT`r�A1uw10�
/ 3 73
NEWPnPT NORT
.ST I I I r n c-�
Zo I'2"� Tu R -.E UPGRb ^t'lT2AlI.G.c
L -o=r UTlt2E1 pew?P7 Po fir`'
i -r
ice. _I
UP
�.JLWcE.�
i -
-- - - --
sv,l
•- - - h CO. IOW
_AJC 4 I 1087
m
COU,VIYAUpII
/373
1.
I
RESOLUTION NO.
RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE
OF COST FOR THE CONSTRUCTION OF THE EXCESS FLOW TREATMENT SYSTEM AT THE
EXISTING WASTEWATER TREATMENT FACILITY
"o
ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY
CLERK TO PUBLISH NOTICE TO BIDDERS, AND FIXING TIME AND PLACE FOR RECEIPT
OF BIDS.
WHEREAS, notice of public hearing on the plans, specifications, form of contract,
and estimate of cost for the construction of the above-named project was published as
required by law, and the hearing thereon held.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA:
1. That the plans, specifications, form of contract, and estimate of cost for
the construction of the above-named project are hereby approved.
2. That the amount of bid security to accompany each bid for the construction
of the above-named project shall be in the amount of 5% payable to
Treasurer, City of Iowa City, Iowa.
3. That the City Clerk is hereby authorized and directed to publish notice for
! the receipt of bids 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 the date established for the
receipt of bids.
4. That bids for the construction of the above-named project are to be received
by the City of Iowa City, Iowa, at the Office of the City Clerk, at the Civic Center,
until 2:00 on the 28th day of October , 19 87. Thereafter, the
bids wi be opene y the City Engineer or isesignee, an thereupon referred to
the Council of the City of Iowa City, Iowa, for action upon said bids at its next
meeting to be held at the Council Chambers, Civic Center, Iowa City, Iowa, at 7:30 p.m.
on the 3rd day of November 19 87.
It was moved by and seconded by that the
resolution as read be adopted, an upon roll call there were:
AYES: NAYS: ABSENT:
_ Ambrisco
_ Baker
Courtney
Dickson
McDonald
Strait
Zuber
Passed and approved this 28th day of September _ , 19-8L.
MAYOR
ATTEST: a elves App. .:..
CITY CLERK aPa
/375
.o•
RESOLUTION NO.
RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE
OF COST FOR THE CONSTRUCTION OF THE EXCESS FLOW TREATMENT SYSTEM AT THE
EXISTING WASTEWATER TREATMENT FACILITY
ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY
CLERK TO PUBLISH NOTICE TO BIDDERS, AND FIXING TIME AND PLACE FOR RECEIPT
OF BIDS. /
EREAS, notice of public hearing on the plans, specifications, orm of contract,
and est ate of cost for the construction of the above-name/OF
was published as
required %THE
, and the hearing thereon held.
NOIJ,FORE, BE IT RESOLVED BY THE COUNCIL OF THE CIWA CITY, IOWA:
1. That the tans, specifications, form of contrac , and estimate of cost for
the construction o the above-named project are hereby pproved.
2. That the amot of bid security to accompa each bid for the construction
of the above-named prod ct shall be in the amount f 5% _ payable to
Treasurer, City of Iowa ity, Iowa.
3. That the City Cler is hereby autho zed and directed to publish notice for
the receipt of bids for the nstruction of the above-named project in a newspaper
published at least once weekly nd having general circulation in the city not less
than four (4) nor more than twen (20) ays before the date established for the
receipt of bids.
4. That bids for the cons
by the City of Iowa City, Iowa,
until 2:00 p.m. on the
bids wi be opened by the City
the Council of the City of Iow
meeting to be held at the Co c
on the 20thday of 0 c t o r
ruc n of the above-named project are to be received
at th Office of the City Clerk, at the Civic Center,
7 h da of October 1987 . Thereafter, the
Engineer r his esignee, an thereupon referred to
City, Iowa for action upon said bids at its next
1 Chambers, ivic Center, Iowa City, Iowa, at 7:30 p.m.
It was moved by and secNed by that the
resolution as read be a opte , and upon roll call here were:
AYES: NAYS:ABSENT:
_ AMBRISCO
_ BAKER
_ COURTNEY
_ DICKSON
_ McDONALD
_ STRAIT
ZUBER
Passe and approved this _day of SEPTEMBER 158
MAYOR
ATTEST: Ai;d
pprovca
CITY CLERK DopaHmeM /
3/8,/3 7s
RESOLUTION NO.
RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST
AN ADDENDUM TO THE AGREEMENT BETWEEN THE CITY OF IOWA CITY AND
HANDICARE, INC. FOR THE USE OF COMMUNITY DEVELOPMENT BLOCK GRANT
(CDBG) FUNDS TO COMPLETE CONSTRUCTION OF THE HARRISON STREET POCKET
PARK FOR HANDICAPPED CHILDREN.
WHEREAS, the City of Iowa City is the recipient of Community Development
Block Grant funds granted by the U.S. Department of Housing and Urban Devel-
opment (HUD) under Title I of the Housing and Community Development Act of
1974, as amended (Public Law 93-383); and
WHEREAS, on February 3, 1987, the City authorized the establishment of the
Harrison Street Pocket Park for handicapped children, and executed a Memoran-
dum
Porti n ofvacated
with
HarrisonicStreetlnright of-wayfor l b tw enent o Linn and kDuon a
buque
Streets; and
WHEREAS, because site conditions have necessitated a redesign of the Harrison
Street Pocket Park, additional work will need to be done to complete con-
struction of the park, so it is necessary that additional funds be provided
to Handicare to ensure completion of the park.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA:
That the Mayor is authorized to sign and the City Clerk to attest an Addendum
to the February 3, 1987, Agreement with Handicare, Inc, relative to the
Harrison Street Pocket Park Project. Said Addendum is attached to this
Resolution and by this reference is incorporated herein.
It was moved by and seconded by
the Resolution be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
Ambrisco
Baker
Courtney
Dickson
McDonald
Strait
Zuber
Passed and approved this day of
1987,
ATTEST:
CITY CLERK
Recalvod H
by The 03el Dom
l 3 7G
.o
M
ADDENDUM TO THE
AGREEMENT BETWEEN THE CITY OF IOWA CITY AND HANDICARE, INC.
FOR THE USE OF COMMUNITY DEVELOPMENT BLOCK GRANT (COBG) FUNDS
TO COMPLETE CONSTRUCTION OF THE HARRISON STREET POCKET PARK
FOR HANDICAPPED CHILDREN
THIS AGREEMENT, entered into this day of '1987,
by and between the City of Iowa iC'"fy, a municipa corpora ion(herein re-
ferred to as the "City"), and Handicare, Inc., a public non-profit entity
(herein referred to as "Handicare"), is an addendum to the Agreement entered
into on February 3, 1987 (the "1987 Agreement") between the same parties.
WHEREAS, the parties entered into an Agreement on January 14, 1986, to fur-
nish $49,000 of CDBG funds to assist in improvements to provide handicapped
access to the Handicare facility for disabled children; and
WHEREAS, the parties entered into the 1987 Agreement to provide that the
remaining 1986 CDBG funds allocated to Handicare be used to develop a public
park with handicapped access and playground equipment for handicapped chil-
dren; and
WHEREAS, Handicare, through unforeseen circumstances, and in order to com-
plete the construction phase of the pocket park development project, has
incurred additional costs which exceed its 1986 grant balance, and has there-
fore requested an allocation of additional CDBG funding.
NOW, THEREFORE, the 1987 Agreement is hereby amended as follows:
1. In paragraph 2,changed Scope and Time of Performance, the Phase 2 deadline,
July 1, 1987, is to December 1, 1987.
2. In paragraph 3, Project Cost, the figure "$26,000", which appears twice
is, in both cases, amen o read "$51,000."
3. Paragraph 4 is amended in part as follows:
4. COMPENSATION AND METHOD OF PAYMENT:
The City shall pay and Handicare agrees to accept in full no more
than Fifty-one Thousand Dollars ($51,000) for performance under this
Agreement, as follows:
A. (No change)
B. The total of the City payments shall not exceed $51,000.
C. (No change)
All other provisions of the 1987 Agreement are reaffirmed and shall remain in
full force in effect.
/374
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2
IN WITNESS WHEREOF, the parties hereto have executed this Addendum on this
day of , 1987.
CITY OF IOWA CITY HANDICARE, INC.
By: By:
Mayor President, oar of Directors
ATTEST: ATTEST:
City Clerk Secretary, Board of Directors
Rncalvb & Approvec
by Thi�Depd.
/3 74
r
RESOLUTION NO. 87-250
RESOLUTION APPROVING 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") UNDER WHICH THE CITY WILL
ACQUIRE PROPERTY FOR THE SCOTT BOULEVARD PAVING IMPROVEMENTS PROJECT
IN EXCHANGE FOR CONSIDERATION WHICH, AMONG OTHER THINGS, INCLUDES
DISPOSAL 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
Project (the "Project") which includes relocation of porti
, and other ons of the roadway,
31 foot wide pavement, new storm sewers improvements; Improvements
and
WHEREAS, in conjunction with the Project, the City must acquire title to
certain property, and temporary construction easements over other property
thetpresenteright-of-way e Of coftSottouevard andand ll no LowerlWestrBrand Road; and
Boulevard, g portions of
WHE
ance
Portions
of theinprese thas
Scott Boulevardeen adopted ya d city council under which the
Of -way which will no longer be needed after the oProjee tisBcach Roadwr ght-
vacated upon completion of the Project; and
be
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, the Lumpas and Hobarts, as owners of property lying both in the path
of and abutting the new road, have executed a Mutual Benefit Agreement under
the terms of which they will convey to the City fee title, temporary con-
struction easement and a permanent storm sewer easement over certain property
in exchange, among other things, for cash payments totalling
Of special assessments on the Project, and the City's agreement that it will
vacate and convey to them a $31,000, waiver
Con-
taining approximately 10,300 quare feet; aandnd fr� the old right-of-way, y, WHEREAS, the City Council did, in Resolution No
to enter into the Mutual Benefit Agreement with
set a public hearing on the matter for September
WHEREAS, following public hearing on the
advised and does believe that it would be
enter into the Mutual Benefit Agreement
of which is attached hereto.
87-242, declare its intent
the Lumpas and Hobarts, and
29, 1987; and
proposal, the City Council
in the best interest of the
with the Lumpas and Hobarts
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
has been
City to
a copy
Y THAT:
I. The City Council does hereby approve the Mutualluvili Benefit Agreement with
the Lumpas and Hobarts.
13 79
2i•
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Resolution No. 87-250
Page 2
2. The Mayor is authorized and directed to sign, and the City Clerk to
attest, the Mutual Benefit Agreement with the Lumpas and Hobarts, and the
other documents referred to therein, including a City Beed for the parcel
being vacated upon completion of the Project. The City Attorney shall
deliver those instruments.
It was moved by Zuber
the Resolution be a p e and seconded by Courtney
P an upon ro call there were:
AYES:
X
NAYS:
Passed and approved this 29th day of
ATTEST:
��� bLtKK
ABSENT:
Ambrisco
x Baker
Courtney
Dickson
McDonald
Strait
Zuber
September , 1987
Raceh'ad $ AP,provcy
ey ri��l J¢! Dap„ftew
1371
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SCOTT BOULEVARD IMPROVEMENTS PROJECT
MUTUAL BENEFIT AGREEMENT
September if , 1987
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.
1. SCOTT BOULEVARD IMPROVEMENTS PROJECT. This Agreement is being made in
lieu of condemnation in connection with construction of the Scott Boule-
Yard 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 $1,000 to be applied to
construction of a fence along the east line of the Vacation Parcel.
z
D. 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.
4. TAXES AND SPECIAL ASSESSMENTS. Seller shall pay a pro -rata portion of
t
the real estate taxes payable in 1988-89 on the Property for 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 the date of actual possession by Buyer. If the Property is part of a
i
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
/t37?
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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.
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. DEED. Seller shall 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,
/3 ?9
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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 Code of Iowa. In addition to the foregoing,
the same as provided in
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 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.
1379
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5
CITY OF IOWA CITY, IOWA, BUYER
ism mb sco, Mayor
ATTEST:
City -t. 1erk Received & Approved
STATE OF IOWA ) By thrhncnr
e LegeI De a
SS: l 11
JOHNSON COUNTY )
On this 29th day of September 1987 , before me, the undersigned,
a Notary—Vu-6c in an or saiz staie, 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 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.
STATE OF IOWA )
) as:
COUNTY OF JOHNSON )
Notary u u� he State o Iowa
On this 8th day of September, 1987, before me, a Notary Public in
and for the State of Iowa, personally appeared Howard W. Hobart and Mabel E.
Hobart, husband and wife, Paul S. Lumpa and Phyllis M. Lumps, husband and
wife, and Robert D. Lumpa and Dorothy L. Lumpa, husband and wife, to me
known to be the persons who executed the foregoing Instrument and acknowl-
edged that they executed the same as their voluntary act and deed.
13 79
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Exhibit A
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 of the 5th Prin-
cipal Meridian; thence N 00035'42" E (a Recorded Bearing) along the East Line
of said Northeast Quarter of Section 12, 207.25 feet, to its intersection
with the Centerline of Existing Loser West Branch Road; and which Point is
the Point of Beginning; theme N 57039'18" W, along said Centerline of Loser
West Branch Road, 213.76 Beet; thence N 32020'42" E, 35.00 feet; thence
Southeasterly 119.38 feet, along a 215.43 foot radius curve, concave North-
easterly, whose 117.86 foot chord bears S 73031148" E; thence N 00035142" E,
633.72 feet; thence Northwesterly 304.60 feet along a 950.00 foot radius
curve, concave Southwesterly, whose 303.29 foot chord bears N 08035125" W;
thence N 17046'32" W, 372.36 feet, to a Point on the Centerline of Existing
Rochester Avenue; thence Northeasterly 100.00 feet, along said Centerline on
a 5,729.58 foot radius curve, concave Southeasterly, whose 100.00 foot chord
bears N 72013'28" E; thence S 17046'32" E, 372.36 feet; thence Southeasterly
11.32 feet, along a 1,050.00 foot radius curve, concave Southwesterly, whose
11.32 foot chord bears S 17028'00" E, to a Point on the Easterly Line of said
Northeast Quarter of Section 12; thence S 00035'42" W, 1,063.88 feet, to the
Point of Beginning. Said tract of land contains 2.33 Acres, more or less.
/379
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Exhibit B
Commencing at a 518 inch iron pin found at the Southeast Corner of the North-
east Quarter of Section 12, Township 79 North, Range 6 West of the 5th Prin-
cipal Meridian; thence N 00035'42" 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 foot radius
curve, concave Southwesterly, whose 11.32 foot chord bears N 17028'00" W;
thence N 17046'32" W, 93.57 feet; thence N 00035'42" E, 257.62 feet, to a
Point on t�,e 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 foot radius curve, concave Southeasterly, whose 34.49 foot chord
bears N 73c43'04" 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 o° land contains 10,308 square feet, more or less, and is subject
to easemer,.s and restrictions of Record.
1371
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Y
PERMANENT STORM SEWER EASEMENT
THIS AGREEMENT, made and entered into by and between Paul Lumpa, Phyllis
Lumpa, Mabel Hobart, Howard Hobart, Robert Lumpa, Dorothy Lumpa, hereinafter
referred to as "GRANTORS" and the City of Iowa City, Iowa, a municipal corpo-
ration, hereinafter referred to as "CITY."
IT IS HEREBY AGREED AS FOLLOWS:
1. THE UNDERSIGNED Grantors state that they are the owners of certain real
estate to -wit as described in Exhibit "A" attached to this easement and
by this reference made a part hereof.
2. The GRANTORS hereby grant and convey to the CITY an exclusive permanent
easement for the purposes of constructing, operating, maintaining, re-
pairing, using and reconstructing storm sewers in the area described and
shown in "Exhibit A" attached hereto and incorporated by reference
herein.
3. The GRANTORS hereby convenant that they are lawfully seized and possessed
of the real estate described above, and that they have a good and lawful
right to convey this easement.
4. The CITY shall have the right to make excavations and to grade as it may
find reasonably necessary for the construction, operation, repair, main-
tenance and reconstruction of the storm sewers.
5. The CITY shall have the right to trim and remove all trees and bushes
which may interfere with the exercise of the CITY's rights pursuant to
this Easement; however, if valuable timber is removed, it shall continue
to be the property of the OWNERS.
6. The CITY shall have the right of ingress and egress to and from the
easement area by such route as shall occasion the least practical damage
and inconvenience to the OWNERS.
7. The GRANTORS reserve the right to use the real estate above-described for
purposes which shall not interfere with the CITY's or public's full
enjoyment of the rights granted in this easement; provided, however, that
the GRANTORS shall not erect or construct any building or other struc-
ture, or drill or operate any well, or construct any reservoir or other
obstructions within the easement, nor shall GRANTORS allow or cause any
substantial fill or cut over said easement without the consent of said
CITY, which consent shall not be unreasonably withheld.
8. The CITY agrees to promptly backfill any trench made by it and repair any
damages within the area subject to the easement.
9. The CITY shall indemnify GRANTORS against any loss or damage which may
occur in the exercise of the easement rights by the CITY, except for loss
which may be occasioned by a diminution in business during the temporary
use of the area for construction, repairs, maintenance and/or reconstruc-
tion.
10. The provisions hereof shall inure to the benefit of and bind the succes-
sors and assigns of the respective parties hereto, and all covenants
shall apply to and run with the land. This perpetual easement shall be
recorded at the time of its execution.
Received & ApProvec'
By The Legal DrrrAm-!n1
/379
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Dated this day of 19
GRANTORS
STATE OF IOWA
COUNTY OF JOHNSON i SS:
CITY OF IOWA CITY, IOWA
William J. Ar� risco, Mayor
ATTEST:
8y: /,l��, 1l iwni
616.y Clerk —
On this day of � 19M0before me, the undersigned, a
Notary Public in and for the State of Iowa, County of Johnson, personally
appeared Paul Lumpa, Phyllis Lumpa, Mabel Hobart, Howard Hobart, Robert
Lumpa, and Dorothy Lumpa, to me kp4wn to be e i ntical persons named in
and who executed the foregoing inytridment and ac �dged that they executed
the same as their voluntary act d,
My commission expires
STATE OF IOWA )
COUNTY OF JOHNSON SS:
On this 29th day of September , A.D., 1987 , before me, the under-
siyned, a Notary Public in and for the State of Iowa, personally appeared
William J. Ambrisco and Marian K. Karr, to me personally known, who, being by
me of said municipal corporation corpo ationthat h they
tingare e he within or and City
foregoingsinstrument
to which this is attached, that 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 William J. Ambrisco and Marian K. Karr as such officers acknowledged the
execution of said instrument to be the voluntary act and deed of said munici-
pal corporation, by it and by them voluntarily executed.
I,V 1.01 ruud tc to CIIU Tor Salo L0unUy--a-nF3Uau
& Apr" t
P:
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6R 2 Lerl DY ys B�
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DESCRIPTION OF TEMPORARY CONSTRUCTION EASEMENT
Beginning at the South East cornu of the Lusoo
property. which is also described as a point
which lies 50 feet West of ( Sit. 30.42.77 of
Scott Boulevard as shown on the Scott Boulevard
paving Iwrovements Plan for the City of Iowa
City; theme, North along the Mast R.D.W. line
Of said Scott Blvd, to a point which lies 50
Let West of ( Sta. 43436.7D of Scott Blvd.,
said point also described AI the intersection
of the West R.O.W. line of Scott Blvd. and the
South R.O.W. line of Rochester Avenue; thence
West along the 5000 P.D.M. line of ,0 hes ter
Ave. 4D feet to + point; thence South along a
line which lies 90 feet West of and p+1.11,1
to the ( of Scott Blvd, to A point which lies
90 feet West of ( Sta. 41.05 of Scott Blvd.;
thence vest 35 feet to + point which lies
125 feet West of said ( Sta. 01.05; thence
South approalmately 300 feet along a line
125 feet West of and parallel to the ( of
Scott Blvd. to a point which ties 125 feet
Westof ( Sta. 37.80 of Scott Blvd.; thence
East 35 feet'to + point which lies 90 feet
West of ( Sts. 37480 of Scott Blvd.; thence
South along a line 90 feet Vest of and parallel
to the ( of Scott Blvd. to a point which Iles
90 feet West of the ( of Scott Blvd. and 70
feet North of the ( of Lower West Branch Road
relocated, as shown on said Scott Blvd. Paving
Improvements Plans; thence Northwest along a
line 70 feet North of and Parallel to the (
of said Lower West Branch Rd. to a point which
lies 7D feet North of ( Su. 0.50 of Lower
West Branch Rd.; thence SouthVest 35 feet to
a point which lies on the North R.O.W. line
of Lower West Branch Rd., said point also
being 35 feet North of ( Sta. 0450; thence
East along the North R.O.W. line of Lower West
Brantn Rd. 119.38 feet to the Point of Beginning
ALSO,
Beginning at a Point on the East R.O.W. tine
of ScottBlvd., said point being 50 feet East
Of ( Ste. 40.90.69 of Scott Blvd.; chance North
along the existing West R.O.W. line of Scott
Blvd. 257.62 feet to it's intersection with the
South R.O.W. line of Rochester Avenue; thence
West 81.20 feet along the South R.O.Y. line of
Rochester Avenue to a point which lies on the
proposed East R.O.W. line of Scott Blvd.; thence
Soutn along said East P.O.W. line 245.79 feet
to the Point of Beginning.
DESCRIPTION OF PERMANENT STORM SEWER EASEMENT al
Beginning at a point on the West R.O.W. line
of Scott Blvd.,said point being 50 feet West
of ( Sta. 39.95 of Scott Blvd.; thence North
10 feet along the West R.O.N. line of Scott
Blvd. to a point which Iles 50 feet West of
( Sta. 4D+O5 of Scott Blvd.; thence West AD
FAIL to a point which lies 90 feet West of C.
Sta. 40405; thence South 10 feet to A point
which lies 90 feet West of C Its. 39.95;
thence East 40 feet to the point of Beginning.
DESCRIPTION OF PERMANENT STORM SEWER EASEMENT 12
Beginning at a point on the West R.O.W. line
of Scott Blvd., said point being 50 feet West
of ( Sta. 37445 of Scott Blvd.; thence North
30 feet .10 ng
the West R.D.W. line of Scott
Blvd. to a point which lies 50 feet West of
Ste. 37.55 of Scott Blvd.; thence West 25
feet to a point which lies 75 feel West of (
St.. 37.55; theme# South 10 feet to a Point
which lies 75 feet West of ( Sta. 37445; thence
East 25 Feet to the Point of Beginning.
REY
SGl[:1'•300' - NLSL
✓v - N \ 81.70 c
LEMOA ' o
INTERSECTION
( STA. 4N69.70
. PROPERTY CORNER — ✓,
( SEA, 43•]6.70 ✓P'
50' VEST a, '-
f SIA, 41.05\
50' PEST a\aW r crx
P.T. I. CURVE
STA. 39.97.12
SO' WEST ( STA. 39.9
4D' , 10' PEAMROEIT ✓ 50' 5D' WEST
STORM SEWER EASIMENI of 0 15'
i 1
1c I
(iSTA. 37•80
50' NCSI37-55
1D' WEST l(ISo', EST
�/
25'+10' PERMANENT
STORM SEWER EASEMENT 02
P.C. ( CURVE -
STA. 36.76.49
ALVINA LI"PA, ET.AL.
TEMPORARY CONSTRUCTION
EASEMEYT
PROPERTY CORNER
( STA. 30.42.77
SD' WEST
35' NORTH
\<q
J7 BR N I
37.45
WEST
SCOTT BOULEVARD PAVING EXHIBIT A
IMPROVEMENTS PROJECT - PHASE III OWNER: ALMA LUMPA, t.al.
CITY OF IOWA CITY ENGINEERING DIVISION
no4vv ;V.we ADpp0VE0 BY: PRF DATE: May 11, 1987 SCALE, 1" = 100'
TEMPORARY CONSTRUCTION EASEMENT AND COVENANT
Witnesseth:
Whereas,
THE UNDERSIGNED, Grantors stated that they are the owners of certain real
estate to -wit as described in Exhibit "A" attached to this easement and by
this reference made a part hereof.
Now, Therefore,
For and in consideration of the sum of One Dollar (;1.00) and other good and
valuable consideration, receipt of which is hereby acknowledged, 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 "A" attached
hereto, for the purposes of construction of the Scott Boulevard Improvements
Project, Phase III, in 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, including the plantings, by the negligence of the City of Iowa City,
Iowa, or its employees, the City agrees that said damage will be repaired or
compensated. 6 w
Dated at Iowa City, Iowa, this*— day of Ili /.
GRANTORS CITY OF IOWA CITY, IOWA
able Aobart 4f
Howard Hobart /—
TtoDer umpa
o•
Dorothy Lu a P
M
—William J.Isco, Mayor
ATTEST:
Recelved IR Approved
8Y4gal Departrnent
137f
.c1
M
STATE OF IOWA
SS:
COUNTY OF JOHNSON
On this_�j7 day of 1987, before me, the undersigned, a
Notary Pu is in and for the state of Iowa, County of Johnson, personally
appeared Paul Lumpa, Phyllis Lumpa, bel Hobart, Howard Hobart, Robert
Lumpa, and Dorothy Lumpa, to me kno to 6e the it persons named in
and who executed the foregoing ins ument and ack a that they executed
the same as their voluntary act d 1(fed._ .
owa
My commission expires 9 2 '%'XX
STATE OF IOWA )
) SS:
COUNTY OF JOHNSON )
On this 29th day ofYe h A.O., 1987 before me; the
undersign—de , a Notary Pu is in an or the State o- Iowa, 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 instrument to which this is attached, that 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 William J. Ambrisco and Marian K. Karr as such
officers acknowledged the execution of said instrument to be the voluntary
act and deed of said municipal corporation, by it and by them voluntarily
executed.
tl-A" k- n 4
Notary Public in and for said County and State
/3 7%
,o•
J1,
DESCRIPTION OF TEMPORARY CONSTRUCTION EASEMENT
pro er[ng which is also described as the in,ADa
pro"
D Y. a point
Mich lies SO fns Wast Of ( a. ? of
Scott Boulenrd n shown on tinhe Scottott Boulevard
Paving hence North plan for to Litt of Iowa
City; thence North sloop the t which
chR.O.W.lie lint
fe said Scott Blvd. to • point Mich lies 50
lestNest of (Sb, 13.36.70 of Slott Blvd.,
said point dso described a the lntaructlon
Of the Nest P.O.W. line of Scott Blvd. and the
South R.O.N. line of Rochester Avenue; thence
Nest along the South R.O.N. line of Rochester
Ave. 40 feet to a point; thence South el onq a
line which lies 90 feet West of and .rallel
to the ( of Scott Blvd. to a point Mich lies
90 feet West of ( Sts. 41405 of Scott Blvd.;
thence West 35 feet to a point which lies
125 feet West of said ( St.. 41.05; thence
South approximately 300 feet along a line
125 feet West of and parallel to the ( of
Scott Blvd, to a point which lies 125 feet
West of G Sta. 37480 of Scott Blvd.; inence
East 35 lett to a point which lies g0 feet
West of ( Sit. 37480 of Scott Blvd.; thence
South along a line 90 feet Nest of and parallel
to the (of Scott Blvd. to a point which Ices
90 feet Nest of the ( of Scott Blvd. and 70
feet North of the ( of Lahr West Branch Road
relocated, as shown on said Scott Blvd, paving
Improvements glans; thence NorthWest along a
line 70 feet North of and parallel to the (
of said Lower West Branch Rd. to a point which
lies 70 feet North of ( Sit. 0-50 of Lower
West Branch Rd.; thence Southwest 35 feet to
a point Mich lies on the North R.O.N. line
of Lower West Branch Rd., said point also
being 35 feet North of ( Sit. 0450; thence
East along the North R.O.N. line of Lower Nest
Branch Rd. 119.38 feet to the Point of Beginning.
ALSO,
Beginning at a point on the East R.O.W. line
of Scott Blvd., said point being 50 feet East
of ( Sts. AD490.69 of Scott Blvd.; thence North
along the existing Nest R.O.W. line of Scott
Blvd. 257.62 feet to it's intersection with the
South R.O.N. line of Rochester Avenue; thence
West 81.2D feet along the South R.O.Y. line of
Rochester Avenue to a point which Iles on the
Proposed East R.O.Y. line of Scott Blvd.; thence
South +long said East R.O.N. line 245.79 feet
to the Point of Beginning.
DESCRIPTION OF PERMANENT SIDRM SEVER EASEMENT ml
Beginning at • point on the West R.O.W. line
of Scott Blvd.,said point being 50 feet West
of G Sit. 39-95 of Scott Blvd.; thence North
20 feet along the West R.O.W. line of Scott
Blvd. to a point which Iles 50 feet West of
G Sta. 40.05 of Scott Blvd.; thence Vest 4D
feet to a point Mich lies 90 feet West of (
Ste. 40-05; thence South 10 feet to a point
Mich lies 90 feet West of C Sit. 39-95;
thence East 40 feet to the Point of Beginning.
DESCRIPTION OF PERMANENT STORM SEWER EASEMENT e2
Beginning at a point on the West R.W. line
of Scott Blvd., said point being Si0 feet Nest
of C. Sta. 37.45 of Scott Blvd.; thence North
10 feet along the West R.O.W. line of Scott
Blvd. to a Point which lies 50 feet West of
Sta, 37455 of Scott Blvd.; short, West 25
feet to a point which lies 75 feet West of (
Sta. 37455; thence South 10 feet to a point
h'ch lies 75 feet West of ( Sia. 37445; thence
Cast 25 Feet to the Point of Beginning.
NORTH
L -i
SCAL•I-•100'
( STA. 43-69.70
PROPERTY CORNER
( SEA. 43-36.70
So' NEST
( SIA, 41-05
50' NEST
P.T. ( CURVE —
STA. 39-97.12
( STA. 40-05—
50' NEST
40' . ID' PERMANENT—
STORM. SEWER EASEMENT el
E STA. 37-80
50' NCS7
25'.10' PERMANENT
STORM SEWER EASEMENT e2
P.C. ( CURVE -
STA. 36-76.49
ALVINA LUMPA, ET.AL.
TEMPORARY CONSTRUCTION
EASEMENT
PROPERTY CORNER
( STA. 30-42,77
50' WEST
PROPERTY CORNCA
G STA. 0-50 (Lo,
T'
Branch Hoa,
35' NORTH
c
LU PA ; o
\t r u
\'°i"G, S7A. 10.90.69
50' CAST
( STA. 39-95
50' WEST
:1
S1 37.55
50' SI
I1IT( SoA . 37.45
50' WEST
a- , o....v. u rmvmu I EXHIBIT A
.--..1 .."EMEN-S pRDJ rC-, w.v wA [ w'1'-r-w� OWNER: ALVINA LU1PA,
et.al.
DRAWN BY: SWS I APPROVED BY; RAF I UATI: May 11, 1901 1SCALL I` • IM' 1
/W
/3 79
;3
.1.
RESOLUTION NO. 87-251
RESOLUTION APPROVING THE MUTUAL BENEFIT AGREEMENT WITH BRUCE R. AND
FLORENCE E. GLASGOW ("GLASGOWS") UNDER WHICH THE CITY WILL ACQUIRE A
TEMPORARY CONSTRUCTION EASEMENT FOR THE SCOTT BOULEVARD PAVING IM-
PROVEMENTS PROJECT IN EXCHANGE 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.
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 must 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 adopted by the City Council under which 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 will be
vacated upon completion of the Project; 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, the Glasgows, owners of property abutting the new road, have exe-
cuted a Mutual Benefit Agreement under the terms of which they will convey to
the City a temporary construction easement to certain property in exchange,
among other things, for 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 2,634 squre feet; and
WHEREAS, the City Council did, in Resolution No. 87-243, declare its intent
to enter into the Mutual Benefit Agreement with the Glasgows, and set a
public hearing on the matter for September 29, 1987; and
WHEREAS, following public hearing on the proposal, 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, a copy of which is
attached hereto.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY THAT:
The City Council does hereby approve the Mutual Benefit Agreement with
the Glasgows.
The Mayor is hereby authorized and directed to sign, and the City Clerk
to attest, the Mutual Benefit Agreement with Bruce R. and Florence E.
Glasgow, the Temporary Construction Easement and Covenant attached
thereto, and a quit claim deed to the parcel being vacated.
/38/
a
Resolution No, 87.251
Page 2
It was moved by McDonald
the Resolution be a opte , and u and seconded by Zuber
upon ro call there were:
AYES: NAYS:
ABSENT:
X
X Ambrisco
—R— Baker
Courtney
Dickson
�— McDonald
�— Strait
Passed and approved this Zuber
29th day of September
_ 1981.
ATTEST:i LLERK
vii
R®lelv,#4 6 Approved
BY Legal Oeparhnent
/38/
SCOTT BOULEVARD IMPROVEMENTS PROJECT
MUTUAL BENEFIT AGREEMENT
19,
1987
Bruce R. and Florence E. Glasgow (hereinafter designated as Grantor) and
The City of Iowa City, Iowa, hereby agree to the following with respect to a
temporary construction easement, which is attached hereto as Exhibit A (herein-
after referred to as "the Easement").
1. 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.
I
2. CONSIDERATION. In consideration of Grantor's conveyance of the Easement
i
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 West Branch Road right-of-way
i
situated in Johnson County, Iowa, which is legally described on Exhibit C
hereto. Upon completion of the Scott Boulevard Improvements project,
i
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
o thereof.
4. TIME IS OF THE ESSENCE. Time is of the essence in this Agreement.
38/
s
2
5. CONTRACT BINDING ON SUCCESSORS AND INTERESTS. This Agreement shall apply
to and bind the personal representatives and successors in interest of the
respective parties.
6. CONSTRUCTION OF WORDS. Words and phrases herein and in the Easement
By
By
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.
ATTEST:
CITY OF IOWA CITY, IOWA, BUYER
B i �iamsco, �ayor
4'_
Citjr Clerk
STATE OF IOWA )
) SS:
JOHNSON COUNTY )
On this 29th day of Se tember 1987, before me, the undersigned, a
Notary Pu�Ttc in an or sai a e, persona y 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 corpo-
ration 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 volun-
tarily executed.
4,1
0
Notary Public in the State of Iowa
STATE OF IOWA )
) SS:
JOHNSON COUNTY )
On this � day of AcGI2, 1987, before me, a Notary Public for
the State o Iowa, perso a y appeare Bruce R. & Florence E. Glasgow, to me
known to be the person who executed the foregoing instrument, and acknowledge
that he executed the same as his voluntary act anll deed
I
MYCNMISSGION EEXXPIRES I' l o aryPU is in the statqof Iowa
SeDtemher 7, I^.Sa I
/38/
o'
4
EVIIBIT C
C••250.43'
e.• sl•.Is'ob'
L.• 136.17'
CN. • 137.00'
CE[1Nt.•
u73'3II.48NVJ �
1)— --
II
'—'___�GI UT DF BC(g141I.11116
G�.•N„rr, P .. ....... e.. jl •43'00” $�
...I..1..� L.• 1156.17'
• _ _ ...
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tLW-S'r«r.H.
SIO• , ?,u F.+o.
I
I
11
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12•T -MM- R.Ieh
mom Pial FUD.
I certify that during the month of November, 1986, at the direct -ion of the City of Iowa
City. a survey was made under my supervision, of the tract of land Platted hereon, the
boundaries of which are as follows.
Commencing at a 5/8 loch Iron pin found at the Southeast -Corner of the Northeast Quarter
of Section 12, Township 79 North, Range 6 West of the 5th Principal Neridlan; Thence
N00.35'42"E. (A Recorded Bearing) along the East Line of said Northeast Quarter of Section
12, 282.25 feet; Thence N89'24118"W, 50.00 feet; Thence Northwesterly 138.77 feet, along s
250.43 foot radius curve, concave Northeasterly, whose 137.00 foot chord bears
M73031148"W, to a Point on the Centerline of Existing Lower West Branch Road;, Thence
332.20'42"W, 35.00 feet, to a Point on the Southwesterly Right -of -Way Line of said Lower
West Branch Road+ which is the Point of Beginning; Thence Southeasterly 158.17 feet, along
a 285.45 foot radius curve, concave Northeasterly, whose 156.15 foot chord bears
S73.31'48"E, to a Point which is 50.00 feet normally distant Westerly of said East Line of
the Northeast Quarter of Section 12; Thence 500.35'42"W, 50.23 feet; Thence N57.39118"W,
176.63 feet• to the'Polnt of Beginning.. Said tract of land contains 2634 square feet,
more or less, and is subject to easements and restrictions of Record.
I further certify that the Plat as shown in a correct representation of
corners are marked as indicated.
(Robert D. Nlckels n Reg. No. 7036 Date
Subscribed to and sworn before me this / S�—
day of 19
1c, In and for the State of I
the survey and all
fCoRina THE CITY OF ICW& CITY J T n CITY
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-.--.-�[q STIMFENCE
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in Feet
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I
I
11
oat. uE -k+
12•T -MM- R.Ieh
mom Pial FUD.
I certify that during the month of November, 1986, at the direct -ion of the City of Iowa
City. a survey was made under my supervision, of the tract of land Platted hereon, the
boundaries of which are as follows.
Commencing at a 5/8 loch Iron pin found at the Southeast -Corner of the Northeast Quarter
of Section 12, Township 79 North, Range 6 West of the 5th Principal Neridlan; Thence
N00.35'42"E. (A Recorded Bearing) along the East Line of said Northeast Quarter of Section
12, 282.25 feet; Thence N89'24118"W, 50.00 feet; Thence Northwesterly 138.77 feet, along s
250.43 foot radius curve, concave Northeasterly, whose 137.00 foot chord bears
M73031148"W, to a Point on the Centerline of Existing Lower West Branch Road;, Thence
332.20'42"W, 35.00 feet, to a Point on the Southwesterly Right -of -Way Line of said Lower
West Branch Road+ which is the Point of Beginning; Thence Southeasterly 158.17 feet, along
a 285.45 foot radius curve, concave Northeasterly, whose 156.15 foot chord bears
S73.31'48"E, to a Point which is 50.00 feet normally distant Westerly of said East Line of
the Northeast Quarter of Section 12; Thence 500.35'42"W, 50.23 feet; Thence N57.39118"W,
176.63 feet• to the'Polnt of Beginning.. Said tract of land contains 2634 square feet,
more or less, and is subject to easements and restrictions of Record.
I further certify that the Plat as shown in a correct representation of
corners are marked as indicated.
(Robert D. Nlckels n Reg. No. 7036 Date
Subscribed to and sworn before me this / S�—
day of 19
1c, In and for the State of I
the survey and all
fCoRina THE CITY OF ICW& CITY J T n CITY
/39/
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IOWA CITY • IOWA
ii9')['d P'OBTIou of THE I.lE a, SEC. Iz•T•All•RW.1•
M
D
-.--.-�[q STIMFENCE
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719.751.5282
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/39/
EV IIB IT A
TEMPORARY CONSTRUCTION EASEMENT AND COVENANT
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 ($1.00) 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 III, 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 "B" attached hereto, for the purposes of
construction of the Scott Boulevard Improvements Project, Phase III, in 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, Iowa, or its employees, the City
agrees that said damage will be repaired or compensated.
Dated at Iowa City, Iowa, this _ day of 19
GRANTORS
Bruce R. Glasgow
Florence E. Glasgow
CITY OF IOWA CITY, IOWA
Wi liam J. risco, Mayor
ATTEST:
NOW
STATE OF IOWA )
COUNTY OF JOHNSON SS:
o, On this llth day of September 1987 before me, the undersigned, a
Notary public in and or he Sta a of Iowa, County of Johnson, personally
appeared Bruce R. Glasgow and Florence E. Glasgow , to me known to be
the identrca person s name in and who execu %d—EFe foregoing instrument
and acknowledged that they executed the same as their voluntary act and deed.
L
o ary u xc m an or ie /al:e or -Iowa
La
d
My commission expires p Lq�EV
rMepMmber 7,1989
Reealvad d Approvec
By c logal De arhnoat
�7 a7
/38/
STATE OF IOWA )
) SS:
JOHNSON COUNTY )
On this day of A.O. 19before me, the
undersigne Y
—NotarTu-6T1-C--1-f1--1-1T- or tha State o> Iowa, personally
appearedand
to me persona y nown, w o being y me duly sworn, i say tha t ey are
the and respectively,
of said corporation executing the within an toregotng ins rument to which
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 that the said
as such officers acknowle ge a execu ion o sand i s themnvolunbe the
voluntary t tary act and deed of said corporation, by Y
ily
executed.
Notary Public in and for
STATE OF IOWA )
) SS:
COUNTY OF JOHNSON )
On this 29th day of September A.O., 198 7 , before me, the under-
signed, a Notary Public in and for the State of IOWE,
to mepers nalllyappearedwho,
William J. Ambrisco and Marian K. Karr ,
being by me duly sworn, did say that they are the Dia or
and Cit Clerk respectively, of sat munictpa corpora ton
execu tog the within and foregoing instrument to which this is attached, that
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 William J.
a embris o o said
and
Marian K. Karr as such officers acknow a ge
instrument to be the voluntary act and deed of said municipal corporation, by
it and by them voluntarily executed.
A 65�
No ary Public in and for said County and State
.o•
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N
.V'
Bruce and Florance Glasgow
11
DESCRIPTION OF ENTIRE TRACT
Lots 126 and 127, Court Hill -Scott Boulevard Addition, Part VIII
DESCRIPTION OF TGIPORARY CONSTRUCTION EASm-Nr
The Easterly 25' of the above described tract.
EXHIBIT B
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k
RESOLUTION N0. 87.252
RESOLUTION APPROVING A MUTUAL BENEFIT AGREEMENT WITH PLUM GROVE
ACRES, INC. ("PGA") UNDER WHICH THE CITY WILL ACQUIRE PROPERTY FOR
THE SCOTT BOULEVARD PAVING IMPROVEMENTS PROJECT IN EXCHANGE FOR
CONSIDERATION WHICH, AMONG OTHER THINGS, INCLUDES DISPOSAL BY CONVEY-
ANCE 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 must 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 adopted by the City Council under which 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 will be
vacated upon completion of the Project; and
WHEREAS, upon completion of the Project, such parcels will be excess City
neededtfornthe Project willhiinureetoetheigben fitaofinotxonly theoownersrof
property abutting the new road, but all of the people of Iowa City; and
WHEREAS, Plum Grove Acres, Inc., an owner of properties lying both in the
path of and abutting the new road, 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 construct a stormwater
detention facility outlet structure on Plum Grove Acres' land; and
WHEREAS, the City Council did, in Resolution No. 87-244, declare its intent
to enter into the Mutual Benefit Agreement with PGA, and set a public hearing
on the matter for September 29, 1987; and
WHEREAS, following public hearing on the matter, 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 Plum Grove Acres, Inc., a copy
of which is attached hereto.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY THAT:
I. The City Council does hereby approved the Mutual Benefit Agreement with
Plum Grove Acres, Inc.
/383
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Resolution No, 8'-252
Page 2
2. The Mayor is hereby authorized and directed to sign, and the City Clerk
to attest, the Mutual Benefit Agreement with Plum Grove Acres, Inc., and
the other documents referred to therein, including without limitation, a
quit claim deed or deeds to the parcels being vacated upon completion of
the Project.
It was moved by Zuber and seconded by Courtney
the Resolution be a oP e , an upon ro call there were:
i
i
AYES: NAYS: ABSENT:
x Ambrisco
R Baker
xCourtney
X Dickson
McDonald
Strait
Zuber
Passed and approved this
29th day of September , 1987,
MA OR
ATTEST:
LITY CLERK
Received $ APProveo
gIVh Legal DePan*Wy
ic- �. y zj !7
/ 3 r3
W
SCOTT BOULEVARD IMPROVEMENTS PROJECT
MUTUAL BENEFIT AGREEMENT
a 9,
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
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 .,.tha.t.portion .of_ the.
existing Scott Boulevard and Lower West Branch Road rights-of-way
situated in Johnson County, Iowa, and legally described on Exhibits
A and B (hereinafter referred to as the "Vacation Parcels").
B. Buyer agrees that all excess top soil and fill material from the
d
project will be deposited on adjacent land retained by Seller in
such locations as the Seller shall reasonably request.
/3M
.1.
2
C. Seller shall install sanitary sewer and manhole(s) at the intersec-
tion of Scott Boulevard and Court Street. Buyer shall pay for 100
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).
0. 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
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.
3. CONVEYANCES AND TRANSFERS OF POSSESSION.
Seller agrees to convey the Property to Buyer on or before September 1,
1981. Upon completion of the Scott Boulevard Improvements Project, Phase
III, Buyer shall complete necessary action to vacate and convey to
/ 3 83
.o.
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3
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 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 the date of actual 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.
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.
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
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.
/383
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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.
B. 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 shall 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
i
to acts of Seller up to the time of delivery of deed.
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.
11. TIME IS OF THE ESSENCE. Time is of the essence in this Agreement.
1393
.a•
5
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 ON 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
and as masculine, feminine or neuter gender, according to the context.
CITY OF IOWA CITY, IOWA, BUYER
� n
�j am r sco, ayor
ATTEST: 2t,y �,J 71. Ufa+
City Clerk
STATE OF IOWA )
) SS:
JOHNSON COUNTY )
On this 29th day of Se tember 1987 , before me, the undersigned,
a Notary PubTTc in and or sa State, personally appeared William J.
e 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 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.
Ree7ived S Approved
sy T legalDa arhind
117y
/383
o•
a
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.
-A Public i—nt�e5t te of
Notary .iowa
ACCEPTANCE
The foregoing Mutual Benefit Agreement is accepted this day of
1987, by the Seller.
SELLER
PLUM GROVE ACRES, INC.
By:
Its President 'Bruce Glasgow
Attest:
Corporate Secretary
STATE OF IOWA )
) SS:
JOHNSON COUNTY )
On this day of , 19 , before me, the
undersigned, a Notary Public in and for the State of Iowa, personally ap-
peared and , to me person-
ally known, who, being by me duly sworn, did say that they are the
and , respectively, of said corporaEion
executing a within and foregoing ins rument to which 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 that the
said and as such
off ic—er—s—a—R-no—wl edged the execution of—s-a-0-5—sYr—unent to be te voluntary
act and deed of said corporation, by it and by them voluntarily executed.
STATE OF IOWA
SS:
Notary Public in and for said County and State
JOHNSON COUNTY )
On this _day of ry 19l, before me, a Notary
Public in and for the State o Iowa, personal y appeare Bruce Glasgow, to me
known to be the person who executed the foregoing instrument, and acknowl-
edged that he executed the same as his voluntary act and deed.
SOV-Yy��pp�ItEs
I LA��,
,py, 7"r,, 9 ary u is n e a e o Iowa
/ 3,U
a
Exhibit A
Comnencing 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 -Way Line of Court Street,
450.04 feet; thence N 00002'19" E, along the Westerly Right-of-Wa Line of
Scott Boulevard, 30.00 feet, to the Point of Beginning; thence N 00 02'19" E,
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 11012'41" 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 78047'19" 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 Projection of the Southerly Right -
of -Way Line of Washington Street; thence N 00002119" E, along said West Line
of the Southwest Quarter of Section 7, 66.00 feet, to its intersection with
the Easterly Projection of the Northerly Right -of -Way Line of said Washington
Street; thence S 89051'41" E, 53.87 feet; thence Northeasterly 124.49 feet,
along a 317.00 foot radius curve, concave Northwesterly, whose 123.69 foot
chord bears N 78047'19" E; thence N 67032'19" E 25.00 feet; thence N
22027'41" W, 313.20 feet; thence Northwesterly 250.73 feet, along a 1,687.02
foot radius 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 Southwest Corner of said Section 7, in accordance with the Plat of Survey
Recorded in Plat Book 6, at page 31, of the Records of the Johnson County
Recorder's Office, thence S 89u57'41" 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 Chord bears S 12042'21" E• thence S
22027'41" 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 Point of Beginning. Said tract of land contains 4.83 Acres, more or less.
AND
Commencing 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 00035'42" 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 N 57d39118" W, along said Centerline, 58.81 feet to the
Point of Beginning. Said tract of land contains 48,683 square feet, more or
less.
93
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, 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 Section 7, 207.25 feet, to its intersection with
the Centerline of Existing Lower West Branch Road; thence S 57039'18" E,
along said Centerline of Existing Lower West Branch Road, 58.81 feet to a
Point which is 50.00 feet normally distant Easterly of said West Line of the
Northwest Quarter of Section 7; thence N 00035'42" E, 38.81 feet to a Point
on the Northerly Right -of -Way Line of said Existing Lower West Branch Road,
which is 50.00 feet normally distant Easterly of said West Line of the North-
west Quarter, and is 33.00 feet normally distant Northeasterly of said
Centerline of Existing Lower West Branch Road, and which Point is the Point
of Beginning; thence S 57039118" E, along said Northerly Right -of -Way Line of
Existing Lower West Branch Road, 127.13 feet, to a Point which is 33.00 feet
normally distant Northeasterly of said Lower West Branch Road Centerline;
thence Northwesterly 114.61 feet, along a 233.00 foot radius curve, concave
Southwesterly, whose 113.45 foot chord bears N 71044'46" W, to a Point which
is 50.00 feet normally distant Easterly of said West Line of the Northwest
Quarter of Section 7; thence N 00035'42" E, 32.48 feet, to the Point of
Beginning. Said tract of land contains 1,222 square feet, more or less.
Parcel 2
Commencina at a 5/8 inch pin found at the Southwest Corner of the Northwest
Quarter of Section 7, Township 79 North, Range 5 West of the 5th Principal
Meridian; thence 11 00035'42" E (a Recorded Bearing), along the West Line of
said Northwest Quarter of Section 7, 1,271.13 feet, to the Point of Begin-
ning; thence N 00035'42" E, 74.95 feet; thence N 76032'52" E, 34.01 feet;
thence S 00035142" W, 215.19 feet; thence Northwesterly 136.14 feet, along a
1,050.00 foot radius curve, concave Southwesterly, whose 136.04 foot chord
bears N 13026'37" W, to the Point of Beginning. Said tract of land contains
4,586 square feet, more or less.
Parcel 3
Commencing at the Southeast Corner of Section 12, Township 79 North, Range 6
West of the 5th Principal Meridian; thence N 00002'19" E (a Recorded Bear-
ing), along the East Line of the Southeast Quarter of said Section 12,
1,159.25 feet, to a Point on the Easterly Projection of the Northerly Right -
of -Way Line of Washington Street; which is the Point of Beginning; thence N
89057'41" W'along said Northerly Right -of -Way Line and its Projection there-
of, 70.00 feet; thence Northeasterly along the Westerly Right -of -Way Line of
Scott Boulevard, 31.41 feet, on a 20.00 foot radius curve, concave North-
westerly, whose 28.28 foot chord bears N 45002'19" E; thence N 00002119" E,
along said Westerly Right -of -Way Line of Scott Boulevard, 948.65 feet; thence
Southeasterly 531.38 feet, along a 1,687.02 foot radius curve, concave North-
easterly, whose 529.19 foot chord bears S 08059106" E; thence S 00002'19" W,
446.01 feet, to a Point on said Easterly Projection of the Northerly Right -
of -Way Line of Washington Street; thence N 89057141" W, 33.00 feet, to the
Point of Beginning. Said tract of land contains 1.18 acres, more or less.
Parcel 4
Commencing at the Southeast Corner of Section 12b Township 79 North, Range 6
West of the 5th Principal Meridian; thence N 00 02'19" E (a Recorded Bear-
ing), 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 S
89 27'00" W, alone said Northerly Right -of -Way Line of Court Street, 50.00
feet; thence N 00 02'19" E, 150.00 feet; thence N 89027'00" E, 17.00 feet;
thence N 00002'19" E, 908.59 feet, to a Point on the Southerly Right -of -Way
Line of Washington Street; thence S 89057'41" E, 66.00 feet; thence S
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00002'19' W, 1,057.91 feetd to a Point on the Northerly Right -of -Way Line of
Court Street; thence S W27100" W. 33.00 feet, to the Point of Beginning.
Said tract of land contains 1.66 acres, more or less.
/3Jf3
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RESOLUTION N0. 87-253
RESOLUTION APPROVING A MUTUAL BENEFIT AGREEMENT WITH LOUIS A. FRANK
("FRANK") UNDER WHICH THE CITY WILL ACQUIRE PROPERTY FOR THE SCOTT
BOULEVARD PAVING IMPROVEMENTS PROJECT IN EXCHANGE FOR $4,500, IN
CASH, CONSTRUCTION OF AN ACCESS DRIVE AND PROVISION OF STORMWATER
STORAGE FACILITIES.
WHEREAS, the City has undertaken the Scott ts Project
Boulevard Improvements (the "Project") which includes relocation of portions of the reamy, 31 foot
wide pavement, new storm sewers, and other improvements; and
WHEREAS, in conjunction with the Project, the City must acquire title to
certain property, and temporary construction easements over other property
abutting the route of Scott Boulevard; and
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 other a temporary construction easement to certain property in ex -
of aspecialoassessments �non the Project, and ment Of bconstruction 0 in hIofhanCaccesswdrive
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, a copy of which is attached hereto.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY THAT:
1. The City Council does hereby approve the Mutual Benefit Agreement with
Louis A. Frank.
2. The Mayor is hereby authorized and directed to sign
,
documents referred to therein. and the City Clerk
to attest, the Mutual Benefit Agreement with Louis A. Frank
and other
It was moved by Dickson
the Resolution be ado ted and seconded Courtney
P ,and upon roll call there were:
AYES:
NAYS: ABSENT:
X
X
Ambrisco
X
Baker
X
Courtney
X
Dickson
X
McDonald
X
Strait
Zuber
/3gr
Resolution No. 87-253
Page 2
Passed and approved this 29th day of September 1987.
r
F
Oy
ATTEST: a -0
L1 TY l.LERK
,o•
Received $ Approved
BY 7 e legal Do rfineM
.Lt d7
/3 f'r
C
.o
SCOTT BOULEVARD IMPROVEMENTS PROJECT
MUTUAL BENEFIT AGREEMENT
September, 1967
Louis A. Frank (herein designated as Seller) and
(insert names Of e er 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 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. ACCEPTANCE OF OFFER AND PAYMENT. Acceptance of this Offer by Seller shall
be evidenced by delivery to Buyer of a properly executed copy of this
instrument.
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 property line, and to construct a paved access
drive with a 161 gate from Seller's remaining property to Lower West
Branch Road, the location of such drive to be mutually agreeable to the
parties.
/38s
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Also, adequate stormwater storage will be provided for that portion of the
property that naturally drains to the permanent story water storage ease-
ment. No additional stormwater management will be required when develop-
ing said area.
4. 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
o• 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
Y
connection with this transaction.
/3 8S
3
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.
i
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 IN
I 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 is 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,
o, 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 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
/38s
,o•
4
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.
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
i
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-
edgment hereof, shall be construed as in the singular or plural number and
as masculine, feminine or neuter gender, according to the context.
Louis A. Frank, Se er
CITY OF IOWA CITY, IOWA, BUYER
� a
4 ram r co, a or
ATTEST:(4 � � xtiyitJ Re•.elved d Approvw
city erk By Th
regi[ N
/ 3 �s
.o•
a
STATE OF IOWA
SS:
JOHNSON COUNTY
3
On this 29th day of September 1937 before me, the undersigned, a
Notary Pu-bTic in and—foRF—s-a—id7tate, personaiTy 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 corpo-
ration 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 volun-
tarily executed.
( t roc)s A O
Notaryry Public in the btate o0 oowa
STATE OF IOWA
) SS:
JOHNSON COUNTY 1
On this /4� day of -.'de_Aze,,>-k&t1I , 1987, before me, a Notary Public for
the State of Iowa, pers ay appeared Louis A. Frank, to me known to be the
person who executed the foregoing instrument, and acknowledge that he executed
the same as his voluntary act and deed.
Notary v is in t�� e o Iowa
13Fs
TEMPORARY CONSTRUCTION EASEMENT AND COVENANT
Witnesseth:
Whereas,
THE UNDERSIGNED, Grantor stated that he is the owner of certain real estate
to -wit as described in Exhibit "A" attached to this easement and by this
reference made a part hereof.
Now, Therefore,
For and in consideration of the sum of One Dollar ($1.00) and other good and
valuable consideration, receipt of which is hereby acknowledged, Grantor does
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 "A" attached
hereto, for the purposes of construction of the Scott Boulevard Improvements
Project, Phase III, in 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 sodding of
disturbed areas all as provided in the plans and specifications of said
project. The line of trees from a point 135' east of centerline station
22+00 to a point 120' east of centerline station 22+80 shall be saved.
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 sod on those areas damaged or disturbed by construction
activities. In the event any additional damage is caused to said real
estate, including the plantings, by the negligence of the City of Iowa City,
Iowa, or its employees, the City agrees that said damage will be repaired or
compensated.
Dated at Iowa City, Iowa, this _ day of
GRANTOR(S)
t4
Lou s ran:
STATE OF IOWA
COUNTY OF JOHNSON
On thisc? day of
Notaryu in ani
appeared
,4-Z`
SS:
19
CITY OF IOWA CITY, IOWA
am
i Tam ns , ayor
ATTEST:
, 1987 , before me, the undersigned, a
of Iowa, County of Johnson, personally
, to me known to be
the ident ci person(s) named in and who executed e oregoing instrument
and acknowledged that they executeed/d the same as their voluntary act and deed,
Notary Public in -and ore Ea_Ee_o_fTowa
My commission expires 'FI101(f�
Received & APp'ovc
BY TtLogal Dopertrperd
9 /7 f7
SLATE OF IOWA
SS:
JOHNSON COUNTY
On this day of ,A.U. 19 , before me, the
under signe—d, a _Rotary Public to and for the State Iowa, personally
appeared and
, to me personally known, who being by me duly sworn, did say that they are
the and , respectively,
of said corporation execu ing the within and toregotng ins rument to which
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 that the said and
as such otficers acknowledged the execution of said instrument to be the
voluntary act and deed of said corporation, by it and by them voluntarily
executed.
Notary Public in and for
STATE OF IOWA
SS:
COUNTY OF JOHNSON
On this 29th day of Seto A.D. 1987 , before me, the under-
signed, a—Public to an or t e ate of Iowa, personally appeared
William J. Ambrisco and Marian j� l{�r� to me personally known, who,
being y me duly sworn�id—say fit ey are he Mavor
and , respectively, of said or corporation
execu tng the wit to an toregotng instrument to which this is attached, that
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 William J. Amhri$ro and
Marian K. Ka as such officers acknowledgedtion of said
instrumen to e the voluntary act and deed of said municipal corporation, by
it and by them voluntarily executed.
( /i yL'rta. l %1 YiYIMn .Q_SL
Notary Public in and for said County and State
.W
3 8S
.o•
0
Ty
SCALE: V = 100'
PROPERTY CORNER °Rq
STA. 28+41.73 �, y
50' EAST.
N
r•1 ��
SW CORNER, NW 4 50'
SEC. 7-T79N-R6W
5th P.M.
j STA. 27+25.52
s
0
s
0
a
a
o
W
I
J
wl
t!
i
'
P.T. q.CURVE 50'
q STA. 22+05.45
1
r
N
W '
PROPERTY CORNER
q STA. 21+22.66 50
50' EAST I i
PROPERTY CORNER
"'�(LSTA. 1+46.33
(Lower West
Branch Road)
33' SOUTH
R0�
\I�
\ `CL• STA. 2+30
(Lower West
Branch Road)
33' SOUTH
TEMPORARY CONSTRUCTION
EASEMENT
LOUIS A. FRANK
PERMANENT STORM WATER
STORAGE EASEMENT
SCOTT BLVD. PAVING EXHIBIT A
IMPROVEMENT PROJECT - PHASE III OWNER: LOUIS A. FRANK
CITY OF IOWA CITY — ENGINEERING DIVISION
DRAWN BY: SWS APPROVED BY: RAF DATE: MAY 11, 1987 1 SCALE:
.o•
ri
DESCRIPTION OF TEMPORARY CONSTRUCTION EASEMENT - - LOUIS A. FRANK
Beginning at the SouthWest corner of the Frank property, which is also
described as a point, 50 feet East of (L Station 21+22.66 of the Scott
Boulevard Paving Improvement Plans for the City of Iowa City; thence
East 85 feet along the South line of said property to a point; thence
North along a line, 135 feet East of and parallel to the fL of said Scott
Boulevard to a point which is 135 feet East of the r of said Scott Boulevard
and 15 feet South of the South R.O.W. line of Lower West Branch Road as
shown on said Scott Boulevard Paving Improvements Plans; thence South East
along a line 15 feet South of and parallel to said R.O.W. line of Lower
West Branch Road to a point which is 48 feet South of C Sta. 2+30 of
Lower West Branch Road as shown on said Scott Boulevard Paving Plans;
thence North East 15 feet to said South R.O.W. line; thence NorthWest
along said South R.O.W. line to a point of intersection with the East
R.O.W. line of said Scott Boulevard, said point being 50 feet East of
Station 29+41.73 of Scott Boulevard; thence South along said East
R.O.W. line to the Point of Beginning.
DESCRIPTION OF PERMANENT STORM WATER STORAGE EASEMENT
Commencing at the SouthWest corner of the Frank property, which is also
described as a point, 50 feet East of � STation 21+22.66 of the
Boulevard Paving Improvements Plans for the City of Iowa City; tShcencott
e
East 50 feet along the South line of said property to the Point of
Beginning; thence East 130 feet along said South property line to a
point; thence NorthWesterly 106.3 feet to a point which lies 80 feet
North of the South property line and 160 feet East of the rL of Scott
Boulevard; thence SouthWesterly 100 feet to the Point of Beginning.
PERMANENT STORMWATER STORAGE EASEMENT AGREEMENT
THIS AGREEMENT, made and entered into by and between Louis A. Frank herein-
after referred toas "GRANTOR" and the City of Iowa City, Iowa, a municipal
corporation, hereinafter referred to as "CITY."
IT IS HEREBY AGREED AS FOLLOWS:
1. THE UNDERSIGNED Grantor states that he is the owner of the real estate
described in Exhibit "A" attached to this Agreement and by this reference
made a part hereof (hereinafter "the property").
2. GRANTOR hereby grants and conveys to the CITY an exclusive permanent
easement for the purposes of constructing, operating, maintaining, re-
pairing, using and reconstructing an outlet structure and associated
storm sewer in the area for such facilities described and shown on
"Exhibit A."
3. GRANTOR hereby convenants that he is lawfully seized and possessed of the
real estate described above, and has a good and lawful right to convey
this easement.
4. The CITY shall have the right to make excavations and to grade as it may
find reasonably necessary for the construction, operation, repair, main-
tenance and reconstruction of the outlet structure and associated storm
sewer.
5. The CITY shall have the right to trim and remove all trees and bushes
which may interfere with the exercise of the CITY's rights pursuant to
this Easement; however, if valuable timber is removed, it shall continue
to be the property of the owner of the property.
6. The CITY shall have the right of ingress to and egress from the easement
area by such route as shall occasion the least practical damage and
inconvenience to the Owner.
7. GRANTOR reserves the right to use the property for purposes which will
not interfere with the CITY's full enjoyment of the rights granted in
this Agreement; provided, however, that the GRANTOR shall not erect or
construct any building or other structure, or drill or operate any well,
or construct any other obstructions within the easement area, nor shall
GRANTOR allow or cause any fill over said easement area.
8. The CITY agrees to promptly backfill any trench made by it and repair any
damages within the area subject to the easement.
9. The GRANTOR shall maintain the stormwater storage area and shall regrade
and provide erosion control over said area as necessary to maintain the
original design storage volume.
10. The provisions hereof shall inure to the benefit of and bind the succes-
sors and assigns of the respective parties hereto, and all covenants
shall apply to and run with the land. This perpetual easement shall be
recorded at the time of its execution.
Dated this 29th day of September 1987
o•
AW
GRANTOR CITY OF IOWA CITY, IOWA
/44/44A. Frank �Tam m r co, ay or
ATTEST-:: v J
City (. er
Received & Approveo
BY The Legal pePuhnent
-� 9r78
138s
.o•
Y
STATE OF IOWA
SS:
COUNTY OF JOHNSON
On this&f� day of c 198 7before me, the undersigned, a
Notary Pu6Ti- in and f r pW State of Iowa, County of Johnson, personally
appeared to me known to be
the identical person(s) name in and who executed the foregoing instrument
and acknowledged that they executed the same as their voluntary act and deed.
Notary Public in and tog the State of Iowa
My commission expires
STATE OF IOWA
SS:
JOHNSON COUNTY
On this day of , A.D. 19 , before me, the
undersigned, a Notary Pub is in and for the State of Iowa, personally ap-
peared and ,
to me personally known, w o eing y me duly sworn, did say that ElTey—a—re--iffe
and 'respectively, of
said corporation executing the within and foregoing instrument to which 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 there-
to is the seal of said) said corporation by authority of its Board of Direc-
tors; and that the said and
as such officers acknow a ge t e execu {on o said instrument o e e
voluntary act and deed of said corporation, by it and by them voluntarily
executed.
Notary Public in and for
STATE OF IOWA
SS:
COUNTY OF JOHNSON
On this 29th day of Sentenber _, A.D., 198 7 , before me, the under-
signed, i Notary Public in an for tie State of Iowa, personally appeared
WilliamT. Amhr;sco and Marian K Karr to me personally known, who,
being by me duly sworn, i say that they are the or
and �Cit�Clerk respectively, of said municipal corporation
executing tl{e wit {in an forego ng instrument to which this is attached, that
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{yillinm .T. mhris n and
Marian K. Karr as such officers acknowledged the execution of said
instrument to e t e vo untary act and deed of said municipal corporation, by
it and by them voluntarily executed.
( "A n0 ll) moD.�
Notary Public in and for said County and State
/NS,
NORTH
SCALE: I', = 100'
PROPERTY CORNER
� STA, 28+41.73
•50' EAST,
SW CORNER, NW 1 �y 5
SEC. 7-T79N-R6W
5th P.M.
I
STA. 27+25.52
1
3
p
O
Q
� W
J
a
O
m
.t 1
U
N
1
I
1
P.T. rE CURVE
STA. 22+05.45 50'
m
n
N
PROPERTY CORNER a0
.o' STA. 21+22.66
50' EAST i
0
I
/—rnUNERTY CORNER
/ (LSTA. 1+46.33
(Lower West
Branch Road)
33' SOUTH
A
\ (L STA. 2+30
(Lower West
Branch Road)
33' SOUTH
,TEMPORARY CONSTRUCTION
EASEMENT
LOUIS A. FRANK
PERMANENT STORM WATER
STORAGE EASEMENT
W
MPROVEMENT PROJECT - PHASE III EXHIBIT A
IOWA CITY — ENGINEERING DIVISION OWNER: LOUIS A. FRANK
Y: SWS APPROVED BY: RAF DATE: MAY 11, 1987 SCALE: 1"=100'
`� 8s
.o•
Y
DESCRIPTION OF TEMPORARY CONSTRUCTION EASEMENT - - LOUIS A. FRANK
Beginning at the Southwest corner of the Frank property, which is also
described as a point, 50 feet East of (� Station 21+22.66 of the Scott
Boulevard Paving Improvement Plans for the City of Iowa City; thence
East 85 feet along the South line of said property to a point; thence
North along a line, 135 feet East of and parallel to the Q of said Scott
Boulevard to a point which is 135 feet East of the ¢ of said Scott Boulevard
and 15 feet South of the South R.O.W. line of Lower West Branch Road as
shown on said Scott Boulevard Paving Improvements Plans; thence SouthEast
along a line 15 feet South of and parallel to said R.O.W. line of Lower
West Branch Road to a point which is 48 feet South of rt Sta. 2+30 of
Lower West Branch Road as shown on said Scott Boulevard Paving Plans;
thence NorthEast 15 feet to said South R.O.W. line; thence NorthWest
along said South R.O.W. line to a point of intersection with the East
R.O.W. line of said Scott Boulevard, said point being 50 feet East of
Q Station 29+41.73 of Scott Boulevard; thence South along said East
R.O.W. line to the Point of Beginning.
DESCRIPTION OF PERMANENT STORM WATER STORAGE EASEMENT
Commencing at the SouthWest corner of the Frank property, which is also
described as a point, 50 feet East of rt STation 21+22.66 of the Scott
Boulevard Paving Improvements Plans for the City of Iowa City; thence
East 50 feet along the South line of said property to the Point of
Beginning; thence East 130 feet along said South property line to a
point; thence NorthWesterly 106.3 feet to a point which lies 80 feet
North of the South property line and 160 feet East of the rE of Scott
Boulevard; thence SouthWesterly 100 feet to the Point of Beginning.
Ea
s
S
i7
a
d�o�p
Y-
m7mut I
of
;,rajl
dN vioa'I
( 1
SEC. 1. T 1911- K5t•W - STw Pui .
.01
20
N• 1132'
eo+q, u TI• oz'zzV
N
7036
W
9
!q! 1:
•,yya. .
•ry y •��rM1 u W Sc4Lc I • IN' '
roiwn 35'
I certify that during the month of November, 1986, at the direction of
. IS61.eL' Ws City of Ion City, a survey nm made under my supervision, of the
• L•»•zo" tract of lend Platted hereon, the boundaries of which are as follows:
Bz.19•
I• Be. 76' Beginning at a 5/6 Inch Iron pin found at the Southwest Corner of the
�j1T�I•zT.zfE Northwest Quarter of Seetlon 7. 7owash1p 70 North, Range S Neat of the
_ Sth Principal Meridian; Thence 800'35'42'E (A Recorded Bearing) along
S1 al Mi the West Line of said Northwest Quarter of Section 7, 207.25 feet, to
z.lt- Its Intersection olth the Centerline of Existing Lower West Branch Road;
Thence S57.39'IS'E, along said Centerline of Lower West Branch Road,
155.51 feet; Thence S32'20'42'W, 33,00 feet, to a Point on the
Southwesterly Rlght-of-Way Line of said Lower West Branch Read; Thence
Northwesterly 78.02 feet, along a 167.00 foot radius curve, concave
Southwesterly, whose 77.52 foot chord bears N71.02122•W, to a Point
which Is 30.00 feet normally distant Easterly of mold Wen Line of the
Northwest Quarter of Section 7; Thence SOO.35'42'N. along a Line,
parallel with said West Line of the Northwest Quarter of Section 7,
116.21 feet; Thence S00.02'19'N• along a Line parallel with and 50.00
feet normally distant Easterly of the Nest Line of the Southwest Quarter
of said Section 7. 519.83 foot; Thence Southeasterly 82.79 feet• along a
1587.02 foot radius curve, concave Northeasterly, whose 82.78 foot chord
been 501'27'21•E; Thence N39.57'41•W, 52.16 feet, to a Point on sold
West line of the Southwest Quarter of Section 7: Thence N00.02'19•E,
along sold West Line, 602.82 feat• to the Point of Bezlnning• Said
tract of land contains 1.00 Acres• more or leas, and Is subject to
1 easements and restrictions of Record.
° I further certify that the Plat as @ban Is a correct representation of
1 the survey and all corners are marked as Indicated.
Z•/&••W) .
Robert D. Mleke • n Reg. No. 7036 Date
Subscribed to and sworn before me this
day of�7 19
'I swc Sfr 7•7`15N• - mx trMptt�pa� f
Rsvl• -07r(. Salary bllc, In end for the fits to of Iowa 11r'T' ftssl
Fun ya Irat P,rr
PC6S6rJf 'ilT1.GNJL06.i LO41S d. FP-A1JK Fy �lnl7� /T I 5
RESOLUTION NO. 87-254
RESOLUTION APPROVING A MUTUAL BENEFIT AGREEMENT WITH HANOVER COURT
HOMEOWNERS ASSOCIATION UNDER WHICH THE CITY WILL ACQUIRE A TEMPORARY
CONSTRUCTION EASEMENT FOR THE SCOTT BOULEVARD PAVING IMPROVEMENTS
PROJECT IN EXCHANGE FOR WAIVER OF COLLECTION OF SPECIAL ASSESSMENTS
RELATING TO 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
WHERE
in
construction easementsoovertothereProperty abutting ect, the ttheill route OfiScottt Boule-
vard;temporary
and
WHEREAS,
Ve
the new oad,has oexecuted ane MutualoBenefit,
Agreement rs Assciationan owner ounderpthey terms sof
i which it will convey to the City a temporary construction easement to certain
property in exchange for waiver of special assessments on the Project, and
the City's agreement that it will
and sod areas disturbed by the Project work;
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 Hanover Court Homeowners Association,
hereto. a copy of which is attached
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY THAT:
1. The City Council does hereby approve the Mutual Benefit Agreement with
Hanover Court Homeowners Association.
2. The Mayor is hereby authorized and directed to sign, and the City Clerk
to attest, the Mutual Benefit Agreement with Hanover Court Homeowners
Association, and the Temporary Construction Easement and Covenant at-
tached thereto.
It was moved by Zuber and seconded by Dickson
the Resolution be adopted, and upon roll call there were:
AYES:
NAYS: ABSENT:
X
X
Ambrisco
— 7_
Baker
X
Courtney
X
Dickson
X
McDonald
X
Strait
Zuber
Y
1384
.o•
Y
Resolution No. 87-254
Page 2
Passed and approved this 29th day of September
1987.
ATTEST:(.ITP,CLERKCLERK J
Received $ Ai:r,;,,-
By The. Legal Do nt
f7
r.. i. .i , .. � -.
/316
0.
SCOTT BOULEVARD IMPROVEMENTS PROJECT
MUTUAL BENEFIT AGREEMENT
1998787
Hanover Court Homeowners Association (hereinafter designated as Grantor) and
The City of Iowa City, Iowa, hereby agree to the following with respect to a
temporary construction easement, which is attached hereto as Exhibit A (herein-
after referred to as "the Easement").
1. 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 stone sewer and other improvements that
the City Council deems appropriate in connection with that project.
2. MUTUAL BENEFITS. 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 agrees to sod all disturbed areas
within the Easement.
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.
5. CONTRACT BINDING ON SUCCESSORS AND INTERESTS. This Agreement shall apply
to and bind the personal representatives and successors in interest of the
respective parties.
10584
.01
r
z
6. 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.
manoverUOUrt Homeowners Association,
Grantor
By: - CITY OF IOWA CITY, IOWA, BUYER
B
0ii1amt"'_ risco, ayor�
ATTEST:
L;tlark
STATE OF IOWA )
) SS:
JOHNSON COUNTY )
On thisatk day of ,„ p 19 ,, before me, the undersigned, a
Notary Public in andfor—said -State, personally appeared William J. Ambrispo
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 corpo-
ration executing the within and foregoing instrument; that the seal affi:ied
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 volun-
tarily executed. ;t
STATE OF IOWA
SS:
JOHNSON COUNTY
Notary u tc in the 5tate of o a
On this 13 day of_ „ r 1907, before me, a Notary Public for
the State o Iowa, personally y ppeare anover Court Homeowners Association, to
me known to be the person who executed the foregoing instrument, and acknowl-
edge that he executed the same as his voluntary act and deed.
c ,r4 '
No aryPuubP in theSmote ofoT wa
Received & Approvea
gY T119'legal Department
-
7 J7
384
.0•
Y
EAIIBIT A
TEMPORARY CONSTRUCTION EASEMENT AND COVENANT
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 ($1.00) 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 III, 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 "B" attached hereto, for the purposes of
construction of the Scott Boulevard Improvements Project, Phase III, in 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 sodding 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 sod 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, Iowa, or its employees, the City
agrees that said damage will be repaired or compensated.
Dated at Iowa City, Iowa, this _� day of 4"`6,r 191L
GRANTORS
CITY OF IOWA CITY, IOWA
yi i r ,isco' Mayor
ilTiam J. Ir
. /i.•-
��
Hanover Court Homeowners Cit04" le 79A
y—Clerk
Association
STATE OF IOWA
Received P, Approvca
W Tha Legal Deproveonf
/3 8L
) SS:
COUNTY OF JOHNSON
)
On this X14 day of
LSC
198, before
me, the undersigned, a
Notary Pubic in arld
for the tate
of Iowa, County
of Johnson, personally
appeared r Q
` �iPO� ai ,
, to me known to be
the identical persons
named inuan
who executed t
regoing instrument
and acknowledged that
they executed the
sameas
voluntary act and deed.
_/ %
\their
r
(Forary
ILII 4 v�` \(ht.r t • 1_
Public in and for the State or Iowa
My commission expires
7 d i'89
Received P, Approvca
W Tha Legal Deproveonf
/3 8L
.o•
p
STATE OF IOWA )
) SS:
JOHNSON COUNTY )
On this c4sA, day of A.D. 19%j , before me, the
undersigned, a NOLdry pu6jTc —i, and for--tFe' Statg of—Iowa, personally
appeared IiNj�p n� \ 0 D ,era and _m(La,n � ��,n
, to me personally known, who being by me duly sw rn did say that they are
the po""'`� g and �';{�, (� Q„�� respectively,
of sal corpora execu in iFe witTin—a-nTtoreigo"ing ins rument to which
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) kaid corporati n by authority of its Board of
Directors; and that the said �n.oc0and jr ,,, M _, a„j�
as such officers acknowledge the a ution of said ins umtY ent to be the
voluntary act and deed of said corporation, by it and by them voluntarily
executed.
Notary Public in ansa for e � oa _Xj �
STATE OF IOWA )
) SS:
COUNTY OF JOHNSON )
On this day of A. D. 198 , before me, the under-
signed, a Notary Public in an for the State of Iowa, personally appeared
and 'to me personally known, who,
ng b� y sworn, di say a they are he
and
respectively, of said municipal corpora ion
execu ing the within and foregoing instrument to which this is attached, that
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 and
as such officers acknowledged a exec ion a said
instrument to be the voluntary act and deed of said municipal corporation, by
it and by them voluntarily executed.
Notary Public in and for said County and State
.a•
Hanover Court Ilomeoimiers Association
DESCRIPTION OF ENTIRE TMCI'
Lot 116, Court Hill -Scott Boulevard Addition, Part VII
DESCRIPTION OF TEMRARY CONSTRUCTION EAsm-Nr
i
The East 15' of the above described tract.
EM IIB IT B
r.I
.1.
0
I1
RESOLUTION NO. 87-255
RESOLUTION APPROVING A MUTUAL BENEFIT AGREEMENT WITH TULANE COURT
HOMEOWNERS ASSOCIATION UNDER WHICH THE CITY WILL ACQUIRE A TEMPORARY
CONSTRUCTION EASEMENT FOR THE SCOTT BOULEVARD PAVING IMPROVEMENTS
PROJECT IN EXCHANGE FOR WAIVER OF COLLECTION OF SPECIAL ASSESSMENTS
RELATING TO 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 require temporary
construction easements over other property abutting the route of Scott Boule-
vard; and
WHEREAS, Tulane Court Homeowners Association, an owner of property abutting
the new road, has executed a Mutual Benefit Agreement under the terms of
which it will convey to the City a temporary construction easement to certain
property in exchange for waiver of special assessments on the Project, and
the City's agreement that it will sod areas disturbed by the Project work;
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 Tulane Court Homeowners Association, a copy of which is attached.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY THAT:
1. The City Council does hereby approve the Mutual Benefit Agreement with
Tulane Court Homeowners Association.
2. The Mayor is hereby authorized and directed to sign, and the City Clerk
to attest, the Mutual Benefit Agreement with Tulane Court Homeowners
Association, and the Temporary Construction Easement and Covenant at-
tached thereto.
It was moved by Courtney and seconded b
the Resolution be adopte an upon roll call there were: __Elckcon
AYES: NAYS:
ABSENT:
X
�—
Ambrisco
_—
Baker
X
Courtney
�-
Dickson
X
McDonald
X
Strait
Zuber
/3007
.u•
•
i
Resolution No. 87-255
Page 2
Passed and approved this 29th da of
Y _ September 1987.
i
MAYOR
ATTEST:
��crtK
Recelved & Approvy
By Th egal Deparlmeel
. €�
1387
SCOTT BOULEVARD IMPROVEMENTS PROJECT
MUTUAL BENEFIT AGREEMENT
'd
duai = 1 1987
Tulane Court Homeowners Association (hereinafter designated as Grantor) and
The City of Iowa City, Iowa, hereby agree to the following with respect to a
temporary construction easement, which is attached hereto as Exhibit A (herein-
after referred to as "the Easement").
1. 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 P j project shall consist of 31
i
foot wide pavement, all necessary storm sewer and other improvements that
the City Council deems appropriate in connection with that project.
I•
2. MUTUAL BENEFITS. 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 agrees to sod all disturbed areas
within the Easement.
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.
5. CONTRACT BINDING ON SUCCESSORS AND INTERESTS. This Agreement shall apply
r
to and bind the personal representatives and successors in interest of the
respective parties.
.a•
0
E,
6. 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.
u ane Lourt Homeowners AssoCiation,
Grantor
By: O ' CITY OF IOWA CITY, IOWA, BUYER
Keith H. Wilson, President
I ram m risco, ayT� or—
ATTEST: 7%j�..J � �)
Li C I erk
STATE OF IOWA )
) SS:
JOHNSON COUNTY )
On this 29th day of SeRtember 1987, before me, the undersigned, a
Notary P_in and for sar7SEa-Ee, persona-TTy 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 corpo-
ration 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. Ambrjsco
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.
Notary PuM ci ina eco owa
STATE OF IOWA
3 SS:
JOHNSON COUNTY )
On this 20 day of July , 1987, before me, a Notary Public for
the State of Iowa, personally appeare Tulane Court Homeowners Association, to
me known to be the person who executed the foregoing instrument, and acknowl-
edge that he executed the same as his volu4ryu
andeed.NYCOMMISSDNEMPIRES
seoume0.rg¢a No rc in e a e of oowa
"'celled 8 Aprroy,.,d
By The kp_ l D. rh7ertt
387
•o•
a
8111IBIT A
TEMPORARY CONSTRUCTION EASEMENT AND COVENANT
Witnesseth:
Whereas,
THE UNDERSIGNED, Grantors stated that they are the owners of certain real
estate to -wit as described in Exhibit "fill attached to this easement and by
this reference made a part hereof.
Now, Therefore,
For and in consideration of the sum of One Dollar ($1.00) 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 III, and 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 "B" attached hereto, for the purposes of
construction of the Scott Boulevard Improvements Project, Phase III, in 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 sodding 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 sod on those areas damaged or disturbed by construction
activities. In the event any additional damage is caused to said real
estate, including the plantings, by the negligence of the City of Iowa City,
Iowa, or its employees, the City agrees that said damage will be repaired or
compensated.
Dated at Iowa City, Iowa, this 9 day of � u , 19 87.
GRANTOR(S)
Keith H. Nilson, President
Tul ne Court Homeowners
Association
Robert M. Bickel, Secretary
STATE OF IOWA )
) SS:
COUNTY OF JOHNSON )
CITY OF IOWA CITY, IOWA
l lam isco, ayor
ATTEST:
City Clerk
Onthis day of , 198 , before me, the undersigned, a
Notary uliaic in and or e a e of Iowa, County of Johnson, personally
appeared , to me known to be
the identica person(s) named in an who execute the foregoing instrument
and acknowledged that they executed the same as their voluntary act and deed.
My commission expires
otary ub is in and for the State of Iowa
Retnived a
By nft Legal Dc artmonl
�► , ddd .
.o•
0
STATE OF IOWA
SS:
JOHNSON COUNTY
On this 20th day ofJul , A.D. 19 87 , before me, the
undersigne�a—Notary Pub is in an or the State Iowa, personally
.appeared Keith H. Wilson and Robert M. Bickel
, to me personally known, who being by me duly`s`w—or-nT,—T1d say that they are
the President and Secretary , respectively,
of said corporation execu ing a wi In and foregoing instrument to which
this is attached, that (no seal has been procured by the said) corporation;
that said instrument was signed QebdtxzaKW) on behalf of (tbwa%u1xaffAxm1
¢i�,saadJ said corporation by authority of its Board of
Directors; and that the said Keith fl. Wilco and Robert 1 8
as such officers acknowle ge t e execution of said ins rument to be the
voluntary act and deed of said corporation, by it and by them voluntarily
executed. /
. ,l
W�WME7PIAES
9 y1989 i ✓{ IJ�� j
_
Notary Pub I it in and for the St to of Iowa.
STATE OF IOWA )
) SS:
COUNTY OF JOHNSON )
On this 29th day of September A.D., 198 7, before me, the under-
signed, a Notary Public in and for the State of Iowa, personally appeared
William J. Ambrisco and Marian K. Karr , to me personally known, who,
eing bb y me duly sworn, did say that tFee—y—a-r—e-the Dia r
and Cit
v Clerk , respectively, of said municipa corporation
executing the within and foregoing instrument to which this is attached, that
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 William J. Ambro and
Marian K. Karr as such officers acknowl—edge le execu ion of said
instrument to be the vo untary act and deed of said municipal corporation, by
it and by them voluntarily executed.
� „ �CATln.c_22
Notary Pbblic in anT for said County and State
317
CN
1" = lov,
Tulane Court Homeowners Association
DESCRIPTION OR ENTIRE TRACT
Lot 125, Court Hill -Scott Boulevard Addition, Part VIII
DESCRIPTION OP'TEMPOIWIY CONSTRUCTION EASBU.91'
The Easterly 15' of the above described tract.
i
.a
m
EXHIBIT B
7�J
RESOLUTION NO. 87-256
RESOLUTION AWARDING CONTRACT AND AUTHORIZING MAYOR TO SIGN AND
CITY CLERK TO ATTEST CONTRACT FOR THE CONSTRUCTION OF
THE HEINZ ROAD IMPROVEMENTS PROJECT
WHEREAS, Metro Pavers Inc. has submitted the best bid of $163,222.40 for the
construction of the above-named project.
i
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
1. That the contract for the construction of the above-named project is
hereby awarded to Metro Pavers, Inc., of Iowa City, Iowa, subject to
the condition that awardee secure adequate performance bond, insurance
certificates, and contract compliance program statements.
2. That the Mayor is hereby authorized to sign and the City Clerk to
attest the contract for the construction of the above-named project,
{ subject to the condition that awardee secure adequate performance bond,
` insurance certificates, and contract compliance program statements.
It was moved by Strait and seconded by McDonald
that the resolution as read be adopted, and upon roll call there were:
j AYES: NAYS: ABSENT:
_?L Ambrisco
` % Baker
X Courtney
X Dickson
X McDonald
R Strait
X Zuber
Passed and approved this 29t1i day of September, 1987.
o'
MAYOR
ATTEST:
CIT LERK
rt+�t Apirrvyd
ADVERTISDW FOR BIDS
WIPC ROAD IMPR01'F FKS Rit0.ECT
Sealed proposals will be received by the City
Clerk of the City of fame City, Ione, until 11:00
A.M. on the 15th day of September, 1987, and opened
immediately thereafter by the City Engineer.
Proposals will be acted upon by the City Council at
a meeting to be held in the Council Chambers at 7:30
P.M. on September 29, 1987, or at such later time
and place as may then be fixed.
The work will involve the following:
The construction of approximately 5,@0 square
Yards of eight -inch (8") P.C.C. pavement with
integral cub and necessary grading, drainage
facilities, utility crossings and related incidental
work in B.D.I. 5th Addition to Iowa City.
All work is to be done in strict crnQliance with
the plans and specifications prepared by Shive-
j Hattey Engineers and Architects, Inc., of Iowa
City, I", which have heretofore been approved by
the City Council, and are on file for public
examination in the Office of the City Clerk.
Whenever reference is made to the "Standard
Specifications", it shall be the "Standard Specifi-
cations for Highway and Bridge Construction", Series
j of 1984, Iowa Department of Transportation, Anes,
Iowa, including supplemental specifications issued
through September 14, 1987.
Each proposal shall be co>Qleted on a form
furnished by the City and must be accompanied in a
sealed envelope, separate from the one containing
the proposal, by either of the following forms of
bid security: (1) a certified or cashier's check
t drawn on a solvent Iowa bank or a bank chartered
under the laws of the United States or a certified
share draft drawn on a credit union in Iowa or
chartered under the laws of the United States, in an
amount equal to 10% of the bid, or (2) a bid bord
executed by a corporation authorized to contract as
a surety in the State of Iowa, in a penal sun of 1O%
of the bid. The bid security shall be made payable
to the TREASLFS CF THE CITY OF IOWA CITY, IOWA, and
shall be forfeited to the City of Ioa City as
liquidated damages in theevent the successful
bidder fails to enter into a contract within ten
(10) days and post bond satisfactory to the City
insuring the faithful performance of the contract
and maintenance of said work, if required, pursuant
to the provisions of this notice and the other
.o contract documents. Checks of the lowest two or
more bidders may be retained for a period of not to
exceed fifteen (15) days until a contract is awarded
AF -I
.V'
0
or rejection is made. Other checks will be returned
after the canvass and tabulation of bids is
corpleted and reported to the City Council.
Payment to the Contractor will be made as
specified in the "Standard Specifications", Article
1109.06.
The successful bidder will be required to furnish
a bord in an amunt equal to one hundred percent
(100%) of the contract price, said bond to be issued
by a responsible surety approved by the City Council
aid shall guarantee the pranpt payment of all
materials and labor and protect and save harmless
the City frau claims and damages of any kind caused
by the operation of the contract, and shall also
guarantee the maintenance of the inprovenent for a
period of five (5) years frau and after its
campletion and acceptance by the City.
The following limitations shall apply to this
project:
Working Days: 45 (Alternate 35 days)
Completion Date: June 10, 1988
(Alternate Noverber 30, 1987)
Liquidated Damages: $200 per day
The plans, specifications, and proposed contract
documents may be examined at the Office of the City
Clerk. Copies of said plans and specifications and
form of proposal blanks may be secured at the Office
of Shive-Nattery Engineers and Architects, Inc., of
Iowa City, Iowa, by bora fide bidders. Return all
plans and specifications to the City Engineer's
office in good condition within fifteen (15) days
after the opening of the bids.
Prospective bidders are advised that the City of
Iaa City desires to employ minority contractors and
subcontractors on City projects.
The Contractor carded the contract shall submit
a list of proposed subcontractors along with quanti-
ties, unit prices and anaats before starting
construction. If no minority business enterprises
(WE) are utilized, the Contractor shall furnish
documentation of all efforts to recruit HE's.
A listing of minority contractors is available
and can be obtained form the Civil Rights Special-
ist, at the love City Civic Center, by calling
319/356-5022.
By virtue of statutory authority, preference will
be given to products and provisions groin and coal
produced within the State of Iowa, and to Iowa
domestic labor, to the extent lawfully required
oder Iowa Statutes. The Ioa Reciprocal Preference
Act (SF 2160) applies to the contract with respect
to bidders vho are not Ica residents.
The City reserves the right to reject any or all
proposals and to waive technicalities and irregular-
ities.
AF -2
13 99
.P'
Published upon order of the City Council of loge
City, I%Z.
AF -3
13 ?9
.1.
RESOLUTION NO. 87-257
RESOLUTION AUTHORIZING EMERGENCY REPAIR TO THE SENIOR CENTER ROOF.
WHEREAS, Section 384.103 of the Code of Iowa allows the City to contract
for emergency repairs without having a public hearing and without adver-
tising for bids, and
WHEREAS, the Senior Center roof is in such a state of disrepair that water
damage due to leakage may cause additional serious damage; and
WHEREAS, the Senior Center interior has been damaged and continues to be
subject to additional damage because of the roof leakage, and
WHEREAS, a certificate has been secured from an independent licensed
architect that the emergency repair is needed, and
WHEREAS, the delay which would occur if advertising and a public letting
are required could cause further serious loss or injury to the City.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA:
1. That it is necessary to institute emergency proceedings under the
authority of Code Section 384.103 for the Senior Center Roof repair.
2. That the City Manager is authorized and directed to select a contrac-
tor to do the work, and to sign a contract, in an amount not exceeding
$40,000 for the emergency repair work.
It was moved by Strait and seconded by Dickson
the Resolution be a op e , an upon roll call there were:
AYES: NAYS:
ABSENT:
K
AMBRISCO
BAKER
X
COURTNEY
X
DICKSON
X
MCDONALD
X
STRAIT
X
ZUBER
Passed and approved this 29th day of September 1987./
arresT:��� ,(/ �J
CITY CLERK Received & Aplwcvod
BY The La,7al .td
/foo
M
'�.5
RESOLUTION NO. B72ZSB
RESOLUTION AUTHORIZING AND DIRECTING THE FILING OF AN APPLICATION
ON BEHALF OF THE CITY OF IOWA CITY WITH THE DEPART14ENT OF TRANSPOR-
TATION, UNITED STATES OF AMERICA, FOR A GRANT UNDER SECTION 9 OF
THE URBAN MASS TRANSPORTATION ACT OF 1964, AS AMENDED, FOR TRANSIT
CAPITAL ASSISTANCE FUNDING, AND DESIGNATING THE CITY MANAGER AS
THE CITY OFFICIAL AUTHORIZED TO EXECUTE AND PROCESS SAID APPLICA-
TION.
WHEREAS, the City of Iowa City has a municipal transit system and wishes to
rebuild the transmission and engine of one bus; and
WHEREAS, the Secretary of Transportation is authorized to
make grants for
mass transportation projects; and
S the
ct for
tlonsAupon thecapplicant, including lthesprovision bywill
the local share of
project costs; and P certain share of
it is required by the U.S.
with the provisions of Title VI of the pCivilntRightsof raAct oofa1�964,�nthat oin
i connection with the filing of Section 9 applications for assistance under the
Urban Mass Transportation Act of 1964, as amended, the applicant
once that it will comply with Title VI of the Civil Rights Act of 1964 and
j the U,S. Department of Transportation requirements thereunder; and
g7Ve assur-
� WHEREAS it is a goal of the ap
on contracts
supplies, equipment contracts, o�
rconsultant cant when pand uothereservices �iin connection
with Section 9 projects, that minority business enterprise be utilized to the
lishedtand tadministered,toand
ensure thatdefinitive
businesses have the maximum
feasible opportunit to c Procedures shall be estab-
Y compete for contracts,
NOW, THEREFORE, be it resolved by the City Council of the City of Iowa City,
Iowa, as follows:
I. That the City Manager of Iowa City is authorized to execute and file an
application on behalf of the City of Iowa City with the U.S.
of Transportation, to aid in the financing of the rebuilt transmission
and engine on one bus pursuant to Section 9 of the Urban Mass Transporta-
tion Act of 1964, as amended,
2. That the City Manager of Iowa City is authorized to execute and file with
said applications any assurance or any other document required b
U.S. Department Of Transportation effectuating the purposes of Title VI
Of the Civil Rights Act of 1964, Y the
3. That the City Manager of Iowa City is authorized to furnish such addi-
tional information as the U.S. Department of Transportation may require
in connection with the application.
4. That the City Manager of Iowa City is authorized to set forth and execute
affirmative minority business policies in conjunction with procurement
needs.
/4110/
.Y'
G
5. That the City Manager of Iowa City is authorized to execute grant agree-
ments on behalf of the City of Iowa City with the U.S. Department of
Transportation for aid in the financing of capital projects.
It was moved by Strait and seconded b
Resolution be a opte , an upon ro 1 call there were: Dickson the
AYES: NAYS: ABSENT:
X --
AMBRISCO
X
X BAKER
X COURTNEY
X DICKSON
X MCDONALD
X STRAIT
--ZUBER
Passed and approved this 29th da of
Y September
---�_> 1987,
ATTEST:
CITY CLERK
2
V pproveo
/ .�apeifilon!
y�ra/8�
lool
.P'
RESOLUTION NO. /V '20/ 0
RESOLUTION ESTABLISHING FEES FOR CERTIFICATES OF STRUCTURE COMPLIANCE
AND RENTAL PERMITS AS PART OF THE IOWA CITY HOUSING CODE.
WHEREAS, the Code provides for inspection and the licensing of all multiple
dwellings, rooming houses, duplexes, and single family rental dwellings; and
WHEREAS, the Code requires that a fee in an amount set by the City Council be
paid prior to the issuance of a Certificate of Structure Compliance and
Rental Permit.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, THAT:
The Rental Permit fees and one-time Certificate of Structure Compliance fee
for licensing multiple dwellings, rooming houses, duplexes and single-family
rental dwellings shall be as follows:
Certificate of Structure Compliance - $40.00 per structure
Rental Permit - $40.00 per structure plus $9.00
per rooming unit or dwelling
unit contained within the
structure. Rental permit fees
shall be collected simultane-
ously with, and no more fre-
quently than, the inspection of
the pm
which hasbeetset bythe
he frequency
of
snCity
Council of Iowa City, Iowa.
It was moved by and seconded by
the Resolution be a op e , an upon ro call there were:
AYES: NAYS: ABSENT:
Ambrisco
Baker
Courtney
Dickson
McDonald
Strait
Zuber
Passed and approved this day of
1987.
MAYOR
ATTEST:
IT LERK
100L
I
.o•
City of Iowa City
MEMORANDUM
Date: August 19, 1987
To: City Council
From: Douglas W. Boothroy, irec r o in & Inspection Services
Re: Housing Inspection Fee Conce ns Raised by Mr Barker
In response to Housing Inspection fee concerns raised by Mr. Barker, owner of
Emerald Court Apartments, I am providing this information.
BACKGROUND INFORMATION
In FY87, rental permit fees met the goal of the 1985 fee study by generating
revenue to fund 70% of the Housing Inspection Division's operating costs. The
proposed rental permit increase of $1 per unit is intended to maintain this
level of funding by keeping pace with costs and avoiding dramatic fee in-
creases as occurred in 1986 when fees were doubled. The 1986 rental permit
increase was the first since 1981. Between 1981 and 1986, the Housing In-
spection Division's level of service was maintained while the number of
rental units to be inspected increased and the staffing level remained un-
changed. The operating costs continued to grow with no fee adjustment and in
FY85 rental permit fees generated only 35% of the Division's operating costs
thereby justifying consideration for being increased.
MR. BARKER'S CONCERNS
Fee Charges
Mr. Barker's letter inaccurately implies several fee changes. Since 1978, the
cost of acquiring the rental permit has been increased twice (in 1981 and
1986). Prior to 1981 rental permit fees were collected annually and there-
after collected biannually. In 1981 the City established a one-time Certifi-
cate of Structural Compliance (CSC) fee of $20 per building. The following
chart indicates rental permit rates for the last ten years.
Rental Permit Fees
1978* 1981**
1986**
$25/building $20/building $40/building
$1.00/unit $4.00/unit $8.00/unit
$20 Certificate of $20 CSC***
Structural Compliance(CSC)***
*Annual fee for multi -family structures.
**Biannual fee for multi -family structures.
***One-time fee.
/*oma
■;
E
The CSC notwithstanding, the rental permit fee for Emerald Court Apartments
was increased approximately 5 per cent between 1980 and 1981. Based on the
above fee schedules, Emerald Court Apartments was billed the amounts indi-
cated in the following
chart.
Rental
Permit
Fees for
Emerald Court Apartments
1979*
1980*
1981**
1983** 1985** 1987**
Rental Permit
$382
$382
$808
$812*** $812 $1624
Certificate of
Structural
Compliance (CSC)
$180
$ 20***
Total
382
$382
$988
$832 $812 $1624
*Annual Fee
**Biannual Fee
***Total number units increased from 157 to 158 thus add $24 for new
unit ($4/unit at $20 CSC)
I Housing Inspection Costs
Concerning the estimated inspection cost per hour, the rates given by Mr.
Barker are high because they do not include all the costs involved. His
estimates are based only on the initial inspection and do not include any of
the reinspections, office time, or other efforts taken by Housing Inspection
to bring a property into full compliance. To illustrate, a partial listing
of some of the activities involved with an inspection is provided:
1. Inspection:
a. Initial Inspection - Time per unit, time between buildings, inspec-
tion of exterior of buildings, time to and From inspection.
i b. Reinspection
14 -day Emergency Order concerning fire safety equipment, no charge.
• 60 or 90 -day Notice of Violation concerning maintenance
j violations - no charge.
Other scheduled reinspection of violations not corrected after the
first reinspection, $15 fee. However, this fee does not cover the
cost of reinspecting a multiple family complex.
c. Complaint Inspections - alleged violations brought to the Housing
Inspector's attention, no charge.
2. Office Time
.o• I
a. Property file review - research of property file history, floor
plans, etc., prior to initial inspection.
b. Word Processing time - Preparation of draft Notice of Violation,
final Notice of Violation, and any correspondence to property
owner/manager.
a
/#10,L
o•
t
3
c. Recordkeeping - Documentation of all inspections and contacts con-
nected with the property, weekly statistical reports, etc.
d. Clerk/Typist's Time - Establishment and maintenance of files, sched-
ule inspections, complete necessary accounting duties, etc.
e. Public relations - provision of information pertaining to the Housing
Code.
3. Notice/Citation Service - Inspector's time to serve property owner.
4. Housing Appeal Process - A substantial amount of staff time is spent in
this process if an appeal is filed. The appeal fee of $30 does not cover
the costs.
5. Court proceedings - preparation of case materials, representation of the
City at hearing, etc.
In summary, computing the cost of a rental permit by the time spent per unit
for the initial inspection does not accurately assess the time and expense
Incurred to ensure ousing Code compliance.
/sp
/4 c6 OL
Y
RESOLUTION NO. 87-2S9
RESOLUTION AUTHORIZING A REVISED AMENDMENT TO THE MARCH 12, 1986,
AGREEMENT WITH THE IOWA CITY CRISIS INTERVENTION CENTER, INCREASING
THE AMOUNT OF THE ORIGINAL 1986 COMMUNITY DEVELOPMENT BLOCK GRANT
(CDBG) ALLOCATION BY $26,000.
WHEREAS,
UnitedStates Depart Department Houwa sing sand UrbaniDevelopmentu(HUD) under Titlte
ehI
of the Housing and Community Development Act of 1974, as amended (Public Law
93-383); and
WHEREAS, the City Council deems it in the public interest to provide assis-
tance to those persons needing crisis and/or emergency support services; and
WHEREAS, the City of Iowa City and the Iowa City Crisis Intervention Center
executed an Agreement, dated March 12, 1986, to use CDBG funds to acquire,
rehabilitate and utilize a facility for ICCIC's services; and
WHEREAS, the parties wish to increase the amount of the original CDBG alloca-
tion by $26,000 and have negotiated the attached amendment to that effect.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, that the Mayor be authorized to sign and the City Clerk to attest the
attached Revised Amendment to the March 12, 1986, Agreement with the Iowa
City Crisis Intervention Center.
It was moved by Zuber
the Resolution be a op e , an u n ro and seconded by Courtney
� P��—call there were:
AYES: NAYS: ABSENT:
X
_� Ambrisco
_ X Baker
Courtney
Dickson
McDonald
Strait
Zuber
Passed and approved this 29th day of September
1987.
M1AY0` o
ATTEST:)
-1-1 LLERK
SAA PROYM
BY the 49.91 q ep
/V09
.o.
L
REVISED AMENDMENT TO AGREEMENT
The City of Iowa City and the Iowa City Crisis Intervention Center (ICCIC)
mutually agree to the following changes in the Agreement, dated March 12,
1986, for the use of Community Development Block Grant (CDBG) funds to
acquire, rehabilitate and utilize a facility for local residents and
transients with emergency needs.
A) Part 1.3
The City will pay, and ICCIC agrees to accept in full payment here-
under, the sum of one hundred eighty-two thousand five hundred dollars
($182,500), as follows:
i
d. The total of the above payment shall not exceed $182,500.
j B) Part 1.4 add to section the following provision
0. Thirteen thousand ($13,000) of the amount paid hereunder shall be
I a no interest repayable loan. The loan shall be evidenced by a
proisry as Ex-
hibitsAoandnr paid inh65feq al m nthlyorm of suchninstallmentote attachedofetwohretohundred
dollars ($200) commencing July 1, 1988.
In witness whg,�reof the parties hereto have executed this contract on this
lqt day of afoben , 1987.
CCITYY OF IOWA CITY, IOWA IOWA CITY CRISIS INTERVENTION CENTER
WiI I am J. risco or Ma ✓
Y Representative
ATTEST:
Aar y erf � er
I
Received d App,eveu
SY The Legal Deparhnenl
1"3
"PROMISSORY NOTE"
Name: Iowa City Crisis Intervention Center Date: September 30, 1981
Address: 321 East First Street
Iowa City, Iowa 52240
Legal Description: Lot 2 in Block 4, Cook, Sargent & Downey's Addition to
Iowa City, Iowa, according to the recorded plat thereof.
In the Amount of: $13,000.00
For value received, the undersigned jointly and severally promise(s) to pay
to the order of the City of Iowa City (hereinafter called the "City") the sum
of $13,000. There shall be 0% interest rate on the unpaid principal amount
of this Note. The principal and interest charge on this Note are payable on
the first day of each month in 65 monthly installments of $200.00, commencing
with the payment on July 1, 1988, in lawful money of the United States at the
offices of the Iowa State Bank and Trust Company or at such other place as
may be designated by the City.
The undersigned reserve(s) the right to prepay at any time all or any part of
the principal amount of this Note without the payment of penalties or premi-
ums.
In the event that a payment has not been received by the Iowa State Bank
within ten days after it is due, a late payment charge of 5i of the unpaid
installments will be charged on each overdue payment.
In the event the undersigned shall fail to pay any installment payment on
this Note when due, and if such failure be subsisting on the date the next
installment payment under this Note becomes due and payable, the unpaid
principal amount of this Note together with accrued late payment charges
shall become due and payable, at the option of the City, without notice to
the undersigned. Failure of the City to exercise such option shall not con-
stitute a waiver of such default. No default shall exist by reason of non-
payment of any required installment of principal as long as the amount of any
optional prepayments already made pursuant hereto equals or exceeds the
amount of the required installments. If this Note be reduced to judgment,
such judgment shall bear the statutory interest rate on judgments.
If suit is instituted by the City to recover on this Note, the undersigned
agree(s) to pay all costs of such collection, including reasonable attorney's
fees and court costs. This Note is secured by a Statement of Lien, duly
filed for record in the Johnson County Courthouse.
Demand, protest and notice of demand and protest are hereby waived, and the
o• undersigned hereby waives to the extent authorized by law all homestead and
other exemption rights which otherwise would apply to the debt evidenced by
this Note.
IN WITNESS WHEREOF, this Note has been duly executed by the undersigned, as
of the date first written above.
32 If 7 a.aa �
., Date Iowa y ris s n erven ion en er
/`/0.3
RESOLUTION NO. 87-260
RESOLUTION AMENDING THE BUDGETED POSITIONS IN THE TRANSIT DEPART-
MENT AND THE EQUIPMENT DIVISION.
WHEREAS, Resolution No. 87-47 adopted by the City Council on March 10,
1987, establishing an operating budget for FY88 authorizes all permanent
positions, and
WHEREAS, the decrease in transit service necessitated a reduction in the
number of authorized personnel.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, that the the authorization of personnel be amended by:
1. The deletion of five full-time equivalent permanent part-time posi-
tions (7 PPT positions) in the Transit Department.
2. The addition of three permanent full-time positions in the Transit
Department.
3. The deletion of a permanent full-time Mechanic I position in the
Equipment Division.
j It was moved by McDonald and seconded by Dickson
the Resolution be adopted, an upon roll call there were:
AYES: NAYS: ABSENT:
g AMBRISCO
X BAKER
X COURTNEY
x DICKSON
g MCDONALD
X STRAIT
X ZUBER
Passed and approved this 29th day of September 1987.
MAtVR
ATTEST: ��,,' „� 7(' '65")
CITY CLERK
r
—I
/000
.o•
V
RESOLUTION NO. 87.287.26_
RESOLUTION AMENDING THE BUDGETED POSITIONS IN THE CDBG DIVISION OF
THE PLANNING AND PROGRAM DEVELOPMENT OEPART14ENT AND THE AFSCME PAY
PLAN.
WHEREAS, Resolution No. 87-47 adopted by the City Council on March 10, 1987,
established an operating budget for FY88 authorizing all
and
permanent positions;
WHEREAS, Resolution No. 87-108 adopted by the City Council on May 12, 1987,
established a class! fication/caopensation plan for AFSCME employees.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, THAT:
I. The authorization of personnel in the CDBG Division be amended by the
addition of one sixty percent employed Housing Rehab. Assistant.
2. The AFSCME pay plan be amended by the addition of a Housing Rehab. Assis-
tant in Grade 08.
It was moved by McDonald
the Resolution be a op a an u on ro cand seconded b
P all there were: Dickson
AYES:
NAYS: ABSENT:
X
X
Ambrisco
X
Baker
X
Courtney
X
Dickson
X
McDonald
X
Strait
tuber
Passed and approved this
29th day of September
_��, 1987.
0 ,
ATTEST:
AIT
/l
K ivedpprovea
e
eperhnevtf
/41050
.o•
Y
�1
City of Iowa City
MEMORANDUM
Date: September 23, 1987
To: City Council and City Manager
From: Marianne Milkman, CDBG Program Coordinator
Re: Need for Housing Rehabilitation Assistant
Housing Programs have been a central element of the COBG Program since it
began. In the late 70's, the program concentrated almost entirely on Compre-
hensive Rehab and Weatherization of owner -occupied single-family homes. In
the early 801s, a considerable "chunk" of housing monies was used for acquir-
ing public housing sites, as well as acquiring and rehabilitating properties
for Human Service Agencies such as Hillcrest Family Services, the Domestic
Violence Project, the Emergency Housing Project, etc. Such projects are not
as labor intensive as rehabilitation. In 1984, an exterior paint/siding
program was begun.
The Rental Rehab Program started in the latter part of 1985 and really took
Off in 1986. We added 12 projects involving 30 units to our existing rehab
programs. In 1986, we also began the Residential Accessibility Grant Program
as a pilot program with ten projects. this has also proved very successful.
Finally, we have attempted to process some Section 312 applications for
housing rehab, another time consuming process.
Until May of this year, the entire burden for these programs has rested on
the Rehabilitation Officer, Pam Barnes, and me, with Mary Nugent assisting
with various tenant activities for the Rental Rehab Program. Pam Barnes has
been the only staff person in this division with expertise in rehabilitation
and knowledge of the Building and Housing Codes. She is therefore also in
demand for advice on the Elderly Service Agency Housing Modification pro-
jects, as well as other Human Service Agency rehab projects. During the past
three years the Rehab Officer's duties have increased from dealing with
approximately 18 projects per year to responsibility for approximately 42
rehab projects per year and advising on 10-15 additional projects. As you
are aware, federal projects involve a lot of paperwork in addition to assist-
ing home owners and monitoring the actual rehabilitation.
After the monitoring visit in March 1987, the HUD Office, while commending
Pam Barnes for her effort, recommended the hiring of an additional staff
person to assist her, since she was unable to keep up with the caseload. In
May of this year I hired a temporary Housing Rehabilitation Assistant with
some housing inspection experience, for 20 hours a week. In fact, this assis-
tant has consistently been working 25-30 hours per week.
/vD S
.1.
0
/VOS-
I
2
Both CCN and the Housing Commission strongly support a continuing Housing
Rehabilitation
program. If Council concurs with this emphasis, I recommend
that the position of Housing Rehabilitation Assistant be
made a permanent
part-time Position, to be funded with CDBG monies. I believe that with some
additional assistance
in the program from other CDBG staff, a permanent
part-time Position at 24 hours/week should help to run the
efficiently. programs more
The housing rehab budget for 1987 was approximately $230,000, with an addi-
tional $60,000
of rental rehab monies. Approximately $43,000 or 15% of these
monies were allocated to administration of the
programs. For 1988, staff is
recommending $250,000-$300,000 for housing rehab plus $93,000 for rental
rehab already allocated. With an additional part-time housing rehab assis-
tance'administrative
costs are anticipated at $59,000 or 15%-17% of all
rehab funds.
bj2/3
.1.
0
/VOS-
I