HomeMy WebLinkAbout1983-03-15 OrdinanceP
ORDINANCE NO. 83-3108
AN ORDINANCE VACATING PORTIONS OF THE RIGHTS-OF-WAY OF SUNSET STREET AND A
FRONTAGE ROAD BETWEEN HIGHWAY 1 AND BRYN MAWR HEIGHTS PART 13.
BE IT ORDAINED BY THE CITY COUNCIL OF IOWA CITY, IOWA:
SECTION 1. That the following described rights-of-way in Iowa City, Iowa,
are hereby vacated:
Parcel 1: Commencing at the SW Corner of Section 16, T79N, R6W;
thence N880-58h'E, 40.5 feet; thence N44° -44!1'E 136.2 feet to a point
on the northeasterly right of way line of Sunset Street and the point
of beginning; thence northwesterly along said right of way line 124.7
feet on a 965.0 foot radius curve concave northeasterly; thence along i
said right of way line, N441 -591W, 69.0 feet to a point on the
southeasterly right of way line of Ashley Drive; thence N44°-33
3/4'E, 10.0 feet along the southeasterly line of Ashley Drive; thence
S470-23h'E, 193.6 feet; thence S44°-44h'W 10.1 feet to the point of
j beginning. Said tract containing 2,387 square feet more or less.
Parcel 2: Commencing at a concrete monument which is the southwest
corner of Section 16, T79N, R6W, of the 5th P.M., Iowa City, Iowa, 3
and the point of beginning; thence N2° -36'10"E, 33.0 feet along the
easterly line of lot 18, Bryn Mawr Heights Addition Part Thirteen;
thence N33° -07'-40"E, 67.3 feet along said easterly lot line to a f
point on the westerly right of way line of Sunset Street; thence
southeasterly 15.38 feet along the westerly line of Sunset Street and
a 1035.0 foot radius curve concave northeasterly; thence S22° -341-
06"W, 16.94 feet; thence S34° -56'-00"W, 15.80 feet; thence southerly
40.40 feet along a 70.5 foot radius curve concave southeasterly;
thence S20 -06'-0011W, 12.75 feet; thence N88° -58'-20"W, 20.78 feet to
the point of beginning. Said tract containing 1767 square feet more
or less.
SECTION 2. The above-described pieces of land will be subject to the
following easements:
i
Parcel 1: A storm sewer easement over the entire width and length of
the property described above.
Parcel 2: A utility easement over the entire width and length of the
property described above.
SECTION 3. This ordinance shall be in full force and effect when
published by law.
SECTION 4. REPEALER. All ordinances and parts of ordinances in conflict
with the provision of this ordinance are hereby repealed.
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141CROFIu4ED By
1. _JORMMICR6LA8__ 1 �
CEDAR RAPIDS DES '4OIYES /�
SECTION 5. SEVERABILITY. If any section, provision or part of the
Ordinance shall be adjudged to be invalid or unconstitutional, such
ajudication shall not affect the validity of the Ordinance as a whole or
any section, provision or part thereof not adjudged invalid or
unconstitutional.
SECTION 6. EFFECTIVE DATE. This Ordinance shall be in effect after its
final passage, approval and publication as required by law.
Passed and approved this 15th day of March, 1983.
. MAYOR
ATTEST: ATTEST: rLi
CITY CLERK
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IU4E0 BYMICR4LAB'-
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STAFF REPORT
To: Planning & Zoning Commission
Item: V-8203. Vacation of property
along Sunset Street and the
Highway 1 frontage road
GENERAL INFORMATION
Applicant:
Requested action:
Purpose:
Location:
Prepared by: Karin Franklin
Date: January 20, 1983
City initiated for Bryn Mawr
Heights Development Company
Vacation of property along the
east boundary of the Sunset Street
right-of-way and property along
the north boundary of the frontage
road between Highway 1 and Bryn
Mawr Heights Part 13
Property is no longer required for
right-of-way
Parcel 1 is on the east side of
Sunset Street within the
southeast quadrant of the
intersection of Sunset and
Ashley; Parcel 2 is on the north
side of the frontage road
intersecting with Sunset Street
along the southeasterly property
line of Lot 18 Bryn Mawr Heights,
Part 13.
Size: 2,837 square feet and 1,767 square
feet respectively
Applicable regulations: Chapter 364.7 Iowa Code
ANALYSIS
The Bryn Mawr Heights Development Company has requested the vacation of parts of
the right-of-way along Sunset Street and along the frontage road north of
Highway 1 as shown on the attached plats. Both parcels were acquired by the Iowa
Department of Transportation (IDOT), in the name of the City, for the purpose of
extending Sunset Street and providing a frontage road along Highway 1. With the
near completion of the road construction in this area, it has been determined by
the City Engineer that the property in question need not be owned by the City.
IDOT has submitted a letter to the City stating that they have no objection to a
transfer of parcels at such time as the Iowa 1 project is completed.
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The City does wish to retain easements over the property, as stated below:
1. A storm sewer easement over the entire ten foot strip on the east side
of Sunset Street (Parcel 1).
2. A 15 foot sanitary sewer easement along the northeasterly portion of
Lot 18, Bryn Mawr Heights, Part 13 and a ten foot utility easement
along the southerly boundary of Lot 18 as shown on the plat (Parcel
2).
Disposition of the property will include provisions for these easements.
STAFF RECOMMENDATION
The staff recommends that the right-of-way shown on the attached plats be
vacated and disposed of upon completion of the Iowa 1 project.
ATTACHMENTS
1. Location map
2. Plats.
3. Letter - IDOT - 4/29/82.
Approved by:
D nald Sc meiser, Director
Departmen, of Planning & Program Development
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(see detail
below)
-"- CHARLES A. 8AI<K6It
orm 000032 1^1 DEPARTMENT OF TRANSF—TATION
a6 H • 10DA l
HIGHWAY DIVISION
District SIX Office April 29, 1982
i40 16th AVaauo SW
Cedar Rapids, IA 52404 RE: Johnson County
(319)364-0235 Pi^1-5(10)--21-52
Parcals 16 6 16A
I7eil Harlin. City Manager
Civic Center
410 Bast Washington St
Iowa City, IA 52240
Dur NOW
Charles Barker, attorney raprasaatiny the Bryn Mawr 11e12hts Development
Ceep=y, Seat us the attached letter under date of April 5, 1982. The
latter, sake for the law Department of Trassporation to provide the City
with • written statemeat that we have so objection to the City's transfer
to lryn Mawr of a narrow strip on Parcels 16 std 16A. These percale were
acquirad by the Iowa D.O.T. in the nems of the City of Iowa City to ex-
tend Sunset Drip to Iowa 1. 1.
_ T1e Iowa D.O.T. doow not object to the transfer but would prefer it not
t—J be done until the Iowa 1 project is complete and accepted by the City
O and Iowa D.O.T. This construction is scheduled for aorplation by September
15, 1982.
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We are also attaching various plato and descriptions to assist you in
this matter.
Very Truly Yours,
Eobart C. Hmtely
District Engineer
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Attachaaats
cel Charles A. Harker
Barker, Cruise 6 Kennedy
311 Iowa Ava., P.O. box 2000
Iowa City. IA 52240
Charles Schmadeks. Director of Public 1Jorle - Civic Centar/Iowa City, IA
F. 0. Bloomfield, Right of Way Division - twos, IA 50010
Dick Kautz, Resident Construction Enpinaar, I.D.O.T. - Calor Rapids. IA
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$urvq of no portion of ..cess ,teat rldht
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ORDINANCE NO. 83-3109
ORDINANCE AMENDING 535-35 OF THE CODE OF ORDINANCES
OF THE CITY OF IOWA CITY, IOWA, TO REDUCE THE TIME
REQUIREMENTS FOR NOTICE AND APPEAL
SECTION 1. PURPOSE. The purpose of this amendment
is to reduce the time requirements both for written
notice of suspension or revocation of a taxicab
license or driving permit and for filing written
appeals of such action.
SECTION 2. AMENDMENT. Section 35-35 of the Code
of Ordinances of the City of Iowa City, Iowa, is
hereby amended as follows:
1) The preface of Section 35-35(b) is hereby
deleted and substituted in its place is the
following new preface of Section 35-35(b):
A license or driving permit may be suspended
or revoked by the City Manager upon seven (7)
days notice. Such notice shall:
2) Section 35-35(b)(6) is hereby deleted and
substituted in its place is the following new
Section 35-35(b)(6):
Include.a statement that the holder affected
by such notice may request, and shall be
granted a hearing before the city council.
The notice shall further state that a failure
to request a hearing by filing a written
appeal with the City Clerk within seven (7)
days of service or mailing of such notice and
order shall constitute a waiver of the right
to a hearing and that such notice shall become
a final determination and order.
3) Section 35-35(c) is hereby deleted and
substitued in its place is the following new
Section 35-35(c):
Any holder affected by any notice or
order may request, and shall be granted,
a hearing on the suspension or revocation
before the city council, provided the
holder files with the city clerk a
written petition of appeal within seven
(7) days of the date the notice was
served or mailed. Any petition so filed
shall state a brief statement of the
grounds upon which such appeal is taken.
The filing of such petition shall stay
In CRO'""
11. -JORM"-MIC ROCAB -
CEDAR RAPIDS DES t401YFS
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any action taken by the city manager
until final determination by the city
council. Failure to request a hearing
within seven (7) days of service or
mailing of a notice shall constitute a
waiver of the right to a hearing, and the
action taken by the city manager shall
become a final determination and order.
SECTION 3. REPEALER. All ordinances and parts of
ordinances in conflict with the provision of this
ordinance are hereby repealed.
SECTION 4. SEVERABILITY. If any section,
provision or part of the Ordinance shall be
adjudged to be invalid or unconstitutional, such
ajudication shall not affect the validity of the
Ordinance as a whole or any section, provision or
part thereof not adjudged invalid or
unconstitutional.
SECTION 5. EFFECTIVE DATE. This Ordinance shall
be in effect after its final passage, approval and
publication as required by law.
Passed and approved this 15th day of March, 1983.
1 YOR
ATTEST:
CITY CLERK
Received & Approver)
By The Legal D7a'
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It was moved by Erdahl and seconded by McDonald
that the Ordinance as read be adopted and upon roll call there were:
AYES: NAYS: ABSENT:
x BALMER
x DICKSON
--x- ERDAHL
x LYNCH
—x— MCDONALD
— x-- NEUHAUSER
—x— PERRET
First consideration xxxxxxxxxxxxxxxx
Vote for passage:
Second consideration xxxxxxxxxxxxxxxx
Vote for passage:
Date published 3/18/83
Moved by Erdahl, seconded by -McDonald, that the rule
requiring ordinances to be considered and voted on for
passage at two Council meetings prior to the meeting
at which it is to be finally passed be suspended, the
first and second consideration and vote be waived and
the ordinance be voted upon for final passage at this
time. Ayes: McDonald, Neuhauser, Perret, Balmer,
Dickson, Erdahl. Nays: None. Absent: Lynch.
1 141CROFIL14ED BY
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