Loading...
HomeMy WebLinkAbout1983-08-30 Public hearingNOTICE OF PUBLIC HEARING NOTICE OF PUBLIC HEARING TO CONSIDER THE PROPOSED VACATION OF A PORTION OF THE DES MOINES STREET RIGHT-OF-WAY LOCATED IMMEDIATELY WEST OF GILBERT STREET AND NORTH OF THE CHICAGO, ROCK ISLAND & PACIFIC RAILROAD RIGHT-OF-WAY. Notice is hereby given that a public hearing will be held by the City Council of Iowa City, Iowa, at 7:30 p.m. on the 30th day of August, 1983, in the Council Chambers in the Civic Center, Iowa City, Iowa; at which hearing the Council will consider the proposed vacation of certain Des Moines Street right-of-way located immediately west of Gilbert Street and north of the Chicago, Rock Island & Pacific Railroad right-of-way. This notice is given pursuant to Chapter 362.3 of the Code of Iowa, 1983. LL��dr� 'll. �l�LLJ C1 IT CLERK I i i j i i i ' I t I i i i i /%J/ I MICROFILMED BY ;DORM MICROLAB' CEDAR RAPIDS•DES-MOINES.� j i �e�ll I I\ JUN 10983 MARIAN K. KARR CITY CLERK (3) 4. I certify that during the month of May, 1.983, at the direction of Frank Boyd, a survey was made under my supervision of the tract of land platted hereon and the boundaries of said tract are as follows: Beginning at the Southeast Corner of Lot 4, Block 21, County Seat Addition to Iowa. City, Iowa; Thence S89045'26"E, (a recorded bearing) 36.44 Thenfeetce along the projection of the North -line of the Des Moines Street flight-of-Way'41h07efeet5tto,a95/8 inch feet, to a 5/8 inch iron pin found; Thence N35°42'53"E, 1 ght-of-Way line of Gilbert Street; Thence iron piri`found on the Northwesterly Ai S35002'19"W, 24.63 feet along said Northwesterly line; Thence Southwesterly..80.06. a 989.93 foot.radius'curve concave South - feet, along said Northwesterly line, on easterly, whose 80.04.foot chord 'bears S3V43'18"W; .Thence N82021'24"W, 213..00 feet along the toe,of the existing slope; Thence'N00'12'59"E, 7.75 feet; td the Southwest corner of said Lot 4; Thence S89045'26"E, 194.45. feet to the Point of Beginning. Said tract of'land contains'4',935.square feet, more or less, and is subject.to ease . menta and restrictions of 'record.' i further certify that, the:Plat as shown is a correct representation of the survey and'all corners are'marked as;.indicated, R bert D.,Mickelson Reg No 703 --� Sp c bed. swoswo�e IM this t' ``YYY,pInL°°rrrrrn t ry P e, in and: r..the;State, or, owa . -a G1Si(ir. =Cel 7036 ,164;1 . ;1. YV r Caj GY11lnl 1.. wllYnba Nl. F y Stwl rjpul-1DAWr '�UVCVC'i LG4AL• VCSC ocstlol.+ or= -4•u9i DES MC)1A.1 _ COf ULTA Tg P.o"11 P 4oWA IOWA CITY, IOWA INC iI I .�IZ9/.LWAY . IIIA �Y . APO F.A.R0, 7V Datit 1'. gC5 Otu q,.LK•s'! N. D.n D6ti Ce3 14 � � MICROFILMED, BY �JORM MICROLAB I CEDAR RAP;DS•DES t401NES D Dm"nTent Ctlnv •Pro1lll/c"nV Po•M o •a/"-. So"Lon Pm • i13 L3 COD f!I ' —.—Edallnf Fate P"Iv Na. Wb;a 19 I I' J_ STATEMENT IN SUPPORT OF APPLICATION FOR VACATION OF A PORTION OF DES MOINES STREET LYING WESTERLY FROM GLBE TO: q Iowa City Planning & Zoning Commission The Iowa City Council The applicant, Frank Boyd, is requesting that the City vacate a triangular portion of Des Moines Street lying between property owned by Boyd & Rummelhart Properties and extends ap Chicago,the Rock Island and Pacific Railroad. This property proximately 200 feet westerly from the Gilbert Street right-of-way. If the property is vacated by the City, the ap- plicant wishes to purchase it so it can be incorporated with applicant's other property. has no public use at the present time. i The property ublic street, it has not been Though it was dedicated as a p railroad right-of-way used as such. In light of the existing and Ralston Creek, there is no reasonably likelihood that the City would have a need for it. Attached to this application is a location map and a boundary survey and legal description. The property that is being requested for vacation contains 4,935 square feet, more j or less. i 1 i l � i i i JUN 10983 MARIAN K. KARR CIN CLERK (3) /731;; I MICROFILMED BY i f JORM MICROLAB . CEDAR RAPIDS•DES"MOINES ;- SI) -son �I 1. 4 STAFF REPORT To: Planning & Zoning Commission Prepared by: Bruce Knight Item: V-8304. Des Moines Street Date: July 7, 1983 GENERAL INFORMATION Applicant: Frank Boyd P.O. Box 187 Iowa City, Iowa 52244 Requested action: Vacation of a portion of Des Moines Street right-of-way. Purpose: To permit acquisition by the applicant. Location: West of Gilbert Street and north of the Chicago, Rock Island & Pacific Railroad right-of-way. Size: 4,935 square feet. Existing land use: Undeveloped. Surrounding land use and zoning: North - Undeveloped and C2. East - Commercial and C2. 7 South - Commercial and MI. West - Commercial and C2. Applicable regulations: k Chapter 364 of the Iowa Code, 1983. SPECIAL INFORMATION I Public utilities: An 8" sewer line, a 6" water line, $' telephone cable and a gas line are located in the east end of the right-of- way. A 42" sewer line is located immediately off the west end of the I right-of-way. Transportation: The right-of-way is not used for access to any property. ANALYSIS The applicant is requesting the vacation of a portion of Des Moines Street right- of-way located Immediately east of Gilbert Street. This right-of-way is partially occupied by the right-of-way of the Chicago, Rock Island & Pacific Railroad and has, therefore, never been improved, nor are there any plans for its future improvement. The right-of-way which is being requested for vacation represents the section of the right-of-way located north of the Chicago, Rock Island & Pacific Railroad. Staff has no objections to this vacation if an easement is maintained over the entire right-of-way area. This is necessary to permit f j 73/ ir (� {. MICROFILMED BY l I.JORM MICROLAB : fI CEDAR RAPiDS•DES MolllES i r• I 2 access to both the 42 inch sewer located off the west end of the right-of-way, and the public utilities located in the eastern end of the right-of-way. STAFF RECOMMENDATION Staff recommends that the proposed vacation be approved with an easement maintained over the entire area of the right-of-way. ATTACHMENTS 1. Location map. I I 2. Boundary survey. 3. Statement by the applicant. r \ Approved by: i D nald Schmeiser, Director Department of Planning and Program Development r MICROFILMED BY - :�i(' DORM MICROLAB -MOINES ;_CEDAR RAPIDS -DES -,' r i I y MICROFILMED BY 'JORM MICROLAB CEDAR RAPIDS -DES MOINES 17-31 i ■ _', . N JUN 1 41983 MARIAN K. KARR CITY CLERK (3) I I n � J 2I V• —�e � it ` Y i 4 v 2 ./ .r .Y 14, 6 _ b M J j� I/�srl Cn¢ Loi 4 flOIIJI T uF �•H 9 4 erf•4�'LILL `eM'ea'rr'a� 3, �1 � ?' °L, t-lieany Lda ` Wal n, a j i LF M.,.,a� I•rt. e.e w. ! P Y X ' y e NSL z1 is y nvw «r�. • M�a1e�•'.rr; Q.O.W. OJ'� Rac /Y I certify that during the month of May, 1983, At the direction of Frank Boyd, a survey vas made under my supervlalon of the tract of land Platted hereon and the boundaries of said tract are as follows, Beginning at the Southeast Corner of Lot 4, Block 21, County Seat Addition to Iwa City, Iwai Thence 589045126"g, (a recorded bearing) 36.44 feet, along the projection Of the North line of the Des Moines Street Right-of-436.ay; 4 feet N35°33'49"E, Projection feet, to a 5/8 Inch iron pin f23.43 ound; Thence N35°42153"E, 41.07 feet, to a 5/8 Inch I iron pin found on the Northwesterly Right -of -Ya 575°02'19"N, 24,67 feet along P line of Gilbert Street; Thence ng said Northwesterly line; Thence Southwesterly 80.06 feet, along said Northwesterly line, on a 989,93 foot radius curve concave South - Along easterly, whose 80.04 foot chord bears S72.43'18"Y; Thence N82021124"w, 213 00'feet corner the said Lottoe of h) existing slopes Thence ND0012159"E, 7.75 feet, to the Southweat Said tract of land conttti"4,a93 45 26 E, 194.15. feat to the POSni of Beginning, j menta and restrictlona of mmrd. square feat, more or less, and is subject to ease- I further certify that the Plat Be shown is a correct representation of the survey and' ell comers an larked u Indicated, �7 iJ�D _ Pbert D. Mlcwatson� Reg. 0. 7 ate . . S bed awe' befdn as this . _Ldiy,of 19 {iZ t rY, P , in and rpr the Sta to of wa 9. ca i�a119'RSCHNITvtR e ' 7036 rswdx MRIS a19ee9170.1914 �.. e, FPA,.IK 6cY0 d1MS 1"•1 %-Lv-Y MICROFILMED BY '}I'.JORM MICROL CEDAR 11PI DI -DES MOINES', � e•IIII,C✓,1, I.,4 Yelle'r„n" .m r• 0 STATEMENT IN SUPPORT OF APPLICATION FOR VACATION OF A PORTION OF DES MOINES STREET LYING WESTERLY FROM GILBERT STREET TO: Iowa City Planning a Zoning Commission The Iowa City Council The applicant, Frank Boyd, is requesting that the City vacate a triangular portion of Des Moines Street lying between property owned by Boyd s Rummelhart Properties and the Chicago, Rock Island and Pacific Railroad. This property extends ap- proximately 200 feet westerly from the Gilbert Street right-of-way. If the property is vacated by the City, the ap- plicant wishes to purchase it so it can be incorporated with applicant's other property. The property has no public use at the present time. Though it was dedicated as a public street, it has not been used as such. In light of the existing railroad right-of-way and Ralston Creek, there is no reasonably likelihood that the City would have a need for it. Attached to this application is a location map and a boundary survey and legal description. The property that is being requested for vacation contains 4,935 square feet, more or less. I' MICROFILMED BY !DORM MICROLAB -CEDARNRPIDS•bES.RDINES ' W 0 a I N JUN 1 A 1983 MAN IITY CLERK 3i i i i_ i ■ 'J r 4 n NOTICE OF PUBLIC HEARING TO CONSIDER THE DISPOSAL OF CERTAIN CITY -OWNED PROPERTY CONSISTING OF PORTIONS OF THE RIGHTS-OF-WAY OF SUNSET STREET AND A FRONTAGE ROAD BETWEEN HIGHWAY 1 AND BRYN MAWR HEIGHTS, PART THIRTEEN. Notice is hereby given that two public hearings will be held by the City Council of Iowa City, Iowa, at 7:30 p.m, on the 30th day of August and the 13th day of September, 1983, in the Council Chambers in the Civic Center, Iowa City, Iowa; at which hearings the Council will consider the disposal of certain City -owned property consisting of portions of the rights-of-way of Sunset Street and a frontage road between Highway 1 and Bryn Mawr Heights, Part Thirteen, and will consider any written bids submitted for this property, either prior to the hearings or at the hearings. Plats of the property are on file at the City Clerk's Office in the Civic Center. This notice is given pursuant to Chapter 362.3 of the Code of Iowa, 1983. Marian K. Karr, City Clerk MICROFILMED. BY !DORM MICROLAB :.CEDAR RAPIDS -DES -MOINES —' i 0 i s City of Iowa Cit,' MEMORANDUM Date: August 24, 1983 To: City Council From: Karin Franklin, Planned/ Re: Disposal of Portions of the Rights-of-way of Sunset Street and the Frontage Road North of Highway 1 A public hearing is set for August 30, 1983, to dispose of property along Sunset Street and a frontage road that was acquired in 1981 for the Highway 1 project. This property was vacated by the City in March of this year. I Originally the property, which consists of two parcels of 2,387 and 1,767 t square feet, was conveyed to the IDOT, in the name of the City, for "mutual benefit and a $25 abstracting fee from Bryn Mawr Heights Development Company. Bryn Mawr now wishes to regain the property for inclusion in the sale of adjacent lots. The parcels are strips of right- -way ! i of from 10 to 20 feet wide and 100 to 194 feet long (see plats f f attached). The ordinance to vacate requires that the parcels be subject to i ( storm sewer and utility easements over the entire length and the width of the property. No appraisal has been done. It is expected that the value of the property will be j I established with the arms length transaction of the seller (the City) the and buyer through bids submitted prior to or at the public hearing. The hearing will be continued to September 13, 1983, for the purposes of establishing a bid period which began with publication of the notice and will end with the September 13 meeting. bj3/6 cc Richard Boyle I f I Kfi _ MICROFILMED BY tt� !JORM MICROLAB CEDAR RRPIUS•DES MOINES'.( J r- . BARKER, CRUISE & KENNEDY LAWYERS 911 IOWA AVENUE - P.O. BOK 2000 CHARLES A BARKER AREA CODE 3I9 JOHN D. CRUISE IOWA CITY, IOWA 52244 TELEPHONE 951-8I81 MICHAEL W. KENNEDY JAMES D. HOUGHTON DAVIS L. FOSTER AUG 2 41983 August 24, 1983 MARIAN K. KA,?R CITY CLERK (sj Iowa City City Council Civic Center 410 East Washington Iowa City, IA 52240 is Re: Disposition of vacated portions of Sunset f; Street and the frontage road between Highway #1 and Bryn Mawr Heights, Part 13 Councilpersons: I am writing this letter on behalf of Bryn Mawr Heights Development Company. Public hearing on the above disposition E; is set for August 30, 1983. The two parcels to be disposed of were originally owned by Bryn Mawr Heights Development Company. to IDOT for road purposes several years ago. They were conveyed Since that time IDOT has conveyed the parcels to the City and the City has vacated portions of the right-of-way which will not be needed. My client would like the vacated parcels back. One of the parcels abuts property owned by Bryn Mawr Heights Development Company on Sunset Street (see attached plat labeled Exhibit "AI') and the other abuts property owned by Bryn Mawr Heights Development Company on the frontage road (see attached plat I labeled Exhibit IIB"). j IDOT has indicated by letter dated April 29, 1982, to Neil j Berlin that they have no objection to the City transferring the property to Bryn Mawr Heights Development Company. A copy Of f the letter is attached to this letter and labeled Exhibit "C". 1... MICROFILMED 6Y ' I.JORM MICROLAB I `.CEDAR RAP105•bES.M0196 J� 1 r• Iowa City City Council August 24, 1983 Page -Z- Bryn Mawr Heights Development Company is prepared to pay $5.00 for the frontage road parcel and $5.00 for the Sunset parcel. Y: In addition, my client will convey to the City a storm sewer easement over the entire Sunset parcel and a sanitary fS sewer, gas and electric easement over the frontage parcel. . Enclosures p- cc; Karin Franklin g Earl M. Yoder J. MICROFILMED BY t �JORM ,MICRO_ LAB+ CEDAR RAPIOS•DES NOINEt" JSIJ { i j i,. r F, j-. I n yw Cornu 0/ Lo/ 90 ��� �g,eyn i7lawr Nii •/s S 41•. �`t'`�yj' Wd mm Psi/ v a %P_ N170. Slorwt Sewer rice easemaQ r Width 6 Lia9rh Curve 4 / p • 7.24 Vie F D65.0' N �y CA • /24.G' /14.7' A 'c' CA. &a. N46•4D'!2'W t /e4.7' -) saa•a4b'»' t.IMAL DESCRIPTION 1 state that during thesonth of directed, 1902 at the direction of the Owner, I treediretri a survey of the portion Of 8=he un013 adwrl,sgof the of way platted hereon. tract are as follows. ` Cneeene Sng st the SV comer s f Sectthenes' Nk49N, RGV; thence •II(V1•-51� E• a no olnL right ot6royfeet to 6 of Sweet Street and ince said of begeMingi thence northwesterly s ong right of way line 124.7 feet on a 96 enceo@long rndlus curs concave ennorN 4*-toI 169.0 feet to said right of way ast$rr IItt line of A point on th0thrn �ei144•r33 S/4hE �30•DrI t Ashley Drlvot ilea of Ashley along the °2)i�Eati93 !esti thence 544•-4 j Y thence S47 olnt of beglMing. Said tract r0tfeet to 307 squats Seot sora or lees. na I further "tote that the plat is a correct reprnerntetlon of the tract and all corners nre earked as indicated. D^eels N. 5seugling. P.E. 6 L.S. 03917 --day Subscribed and sworn 1gB2etore me this of --State of lora lintary Public, SW &r. See. /6 r 7.9111 R 6 rr NQg•5Bh'E In accordance with Section 10 of Chnpter 409.1 e. ment3 ha Code of Iowa; penanccontroln ers ofththe trncttr been net It eontmiling as required under :end such other ao eholltbe eotebllahed after all °aid Sectlen 10-t are completed, street and utilitynp M Co�any• ane. ,eye �ngineeKtng ,,,.�,ror 11111111111 LII IIL111 1 nnK M O► EXCESS STREET RIGHT OF VAY, DOUMDARY SUR1ry 0 IOWA 81 /6 8 -A- VL FIU.Y SIDE O► SUMSET STREM pl TO Tits NORTH EA rjO.EY DRIVE, IOWA CITY. I I i� I 1 ADJAC+ .._ AIR) 50UnlEASTMI, SIDE D -'.... _._.__._....-- / 7301 I -�� EXHIBIT "A" - Sunset Parcel MICROFILMED BY -� It�JORM MICROLAB` i I CEDAR RAMS•OES�MOINES r 1 J. /d' Wide Senihry Sewer, d7•s 6 Eieclric Eetemen/ r \Ie� CURVE 4 00 51,05" R : 1035.00' rw\ C = 15.38' •: 'vt , `r `'� T. 7.69' \ L= 15.38' CH BEA. S 48'J791dC] CURVE r5 an 32050'00" R: 70.50' C. 39.05' Ta 20.77' L: 40.40' CH. SEA. `S180 31 00 W G'e7%'W] W Sty COR. SEC. 16� T 79N, R6W /o' wida, of;h; y Easeme'rrt — 1,767 SO. lsec'j 522034 ♦ 16.94' ♦ �S !v•JeA/e' S 34056'00" 15.60' �O V CURVE 5 40.40' Beck Of /21• curb O I O A w] — — S 2006'00 W 1 12,75' dD. ' N 880 58' 20" W (see se�i�'w) � NoN : Dierieys Shown /n Portion Perenlhe �/ Of of The Ry, Describe As A Riearded /n B.ak 531, /Nay fy'e d// Johnson Crun/y ,perordirlt o, aierr.d wrron. oir,d. ,4nd r41-ya , In eccord^nce with ,action 30 of Chapter 109.1 Code of loon; permanent control nthentraceve bean set at controlling control of Beerinye 9hewn /n C.% .0eOeriee end such other oonumente, ae required under Bald rection 30, shall be eetablfehed after all rhe Bocrndery Lrn ; �� Aho street and utility icprovrmenta are completed. semd coord:n.re y Boari00* nys R.�erded /n DL0 DESCRIPTIGt: Pbyr 4// . the month o! 9ovraber, 1902 at the direction of the tthe, houndarieei 3 stet, that during e eurvay. of the Portion of rectae etrcet rf lht•ot way Dletted hereon, of the tract are ■s f011owal Commencing et ■ concrete monument which is the southwesttomercorner of Srctten 16, T795, 0 f o! the 5th P.M., love City, Iowa and thelsa�n11e1ghtegAddltgoe Part Thl rtrhcrico 6^'lOhence7'0 feet along the reetarly line of lot 1A, Aryn IO0"-07'-40•E, 67.7 lett el thence[eoutheaater1yt1517B feet along thetweeterly ltprline!aft of wnhe wen y ISne of ,unset Street; ther,ca S '"-)t'-C6''�, .- V 1 RO feet; thence southerly. 40,10 fret nlong ^ 70.7 foot Sunset Street and•n 1U75.0 font rnd,us curve concave ncrthenator Y' thence t:09" -59'-20"W, 16.94 foot; thenen $74•-5A 00" . 5. ; re feet more or lace. 20.7Ds feet y to the apoint uofntrgl Ml ng.�oewaid tractcantng 1767 square Ornnle M, Saaug11n6. P.E. AL.G. /7917 19112 Eubntribed and rw,en to before ma this — day of --��' Ilotery Public, State of 'owe C1WEeye ng Company. 9nc. olio 111111 CIIflllll I Aoln.'DN1T SURVEY OF vCES5 STRF 20YA RIGIIT OF WAY kw AC111T TO LOT 10, DR4;1 MAWR IIEIGIff ADDITIO3, pART 7111RTEl71, IOWA CITY, EXHIBIT "B".- Frontage Road Parcel I�+ �" MICROFILMED 8Y- ~ �� ;JORM MICROLAB CEDAR RAPIDS—DES—MOINES' r 1 20' I Illy G.L.R. )fl3/6t TO fl r\K M 1 A-sB3 +w _I J I CHARLES A. BARKER Fw.000m0 I —k DEPARTMENT OF TRANSE"TATION )•76 X•10011 HIGHWAY DIVISION April 29, 1982 District Sts Office "0 16th Avenue Sue RE1 Johnson County Cedar Rmfide, IA S2404 P4-1-5(10)--21-52 (319)364-0233 Parcels 16 b 16A Sail serlis, City No"Au Civic Canter 410 Wt washiWon St Ian City, IA 52240 Dur Neill Cys"s setts@, attend representing the Bryn Mawr Naithts Davelopaant 004401 Seat na the attuMd lettion ers Transportation dw dote of ea ' The provide the C1ty letter asks for th*"OEM with a tea st&tsNmt that wav he eo ohjutiee to the City's two to Styr YAW Of a asrrwl @trip an parcels 16 and 16A. Thass paras" vete S segelr" 1y eM barn D.O.T. is the nue of the City of Love City to aot;- tend sunset Drive to Isle 1• _ The lav@ D.O.T. 60M est Ajeat to the eraaster enc veuld prefer it sec L —J be doe vatil ths Is" 1 pretest is @caplet@ mai awpt" y aha City ane town D.O.T. This tee@traatien so mahede"d for cowletion y saptemow 15, 1992. k 1 ve we else attacks" various p"te and descriptions to assist Ym is this mattes. Very Truly Yours, Cobert C. KwAly District yn6in"If k Rossi Attuhrats eel Charles A. smrkm Barker, olden i tsunedy 311 Iwla Ave., P.O. Bos 2000 lose City, U 52140 4 Curiae Sehaadaks, Director of puglic works - civic Gntas/lova city, gleoafieid, Richt oos f way Diviaton - Am, IA 50010 y. O. i plat! Wtta, Raeident Construction glylnsar, L.D.O.T. - Cedar Rapids, L EXHIBIT "C" MICROFILMED BY th' !.JORM MICROLAB CEDAR RAPIDS -DES' MOINES / 7,3.z J t p 1 i 1 i i q I ch • 1t4.ea I i 1 1 st.4' ch. Ber. tvee'eou'W i S 45'311 WW 10.67' S.W Coiner Of Co! 90 B'yn A7ewr Heights, Addition 1°er t Two LEGAL DESCRIPTION I state that during the month of November, 1902 at the direction of the Omer, I directed a Of of the portion of excess street right tact eeaaeeefollowen, end the boundaries of the Commencing at the SW Corner of Section 16, 179N, R6W; thence N00° -50}'E, 40.5 feet; thence '11 44-- 44}'E 136.2 feat to a point on the northaaatorly right of ray line of Sunset Street and the point of rightgotnreyl line 124. feat stn r nra 9A.0 footd radius curve concave northeasterlyl thence along said right of ray line, N44• -59'W, 69.0 feat to e point on the southeasterly right o10M0yflin of Ashley Driva; thenee.1144•-33 3/4, slo 0 the southeasterly line of Ashley Drive• thence Id.7•-23}'E, 193.6 feet; thence 544•-44}'y 1 ontainingt2, 307 equereofeatgmoranor loved tract I further state that the plat is a correct representation of the tract and all corners aro maqed as indicated. / Dennie H. Secugling, P.E. 6 / 17 ofb eribeq d and swornto to this l_dny Notarp Public, Stmtblaf IbeB PARCEL 1 storm Sewer Easement Entire Width 6 Length r, Cur re 194.7' -� SW Leer. Set. /6 7' 7911 f 6 W Neese$*'E Cure p • 7.24 fit' q 9G 6.0' ch • 1t4.ea r st.4' ch. Ber. tvee'eou'W 544.44 4F 'W /a. i' 9.1 In accordance with Section control monument of Chapterhave Code of Iove; permanent been act of controlling comersarequirednundert :,ai such other mo shacnte, Bald Section 10, shall be established afterallED street and utility improvements,,,jare Lomple " JAN 13 19883 //6f We 7-/ CM CLERK SC, qfaaheye 811gineentng Om�any. t9nc• RLS /l/!/!! Eslutulll TDM I101 Hl BOUNDARY SURVEY OF EXCESS STREET RIOIrr OF MAY. IAMB M! ADJACENT TO THE NORTH EASTERLY SIDE OF SUNSET STREET p��6 8 � A -SB AND SOUTHEASTEMY SIDE OF AS}D.Ey DRIVE, IOWA CITY. IOWA O Ir MICROFILMED BY tN'11 '.,JORM MICROLAB fi l CEDAR RAPIDS•*DES MOINES�r . /5' W/b4 Sanhary Setvar, Oat d E/mac/r:c Easement, W N ' SW COR. SEC. 16� I T79N,R6W I BscN Ol T2s• Carp ZJO.Oes •W7 I S2006, 00' W S 12.75' 30. • /O' Wide tH!/'Py`Nee°58'20"W Easement 20.78' (See -.68%,W) ,)'dyke + '60&Mros Shown /n Pe"flMeses Oroerihe A Porsrion "The Ryh/ Of {'Vey As Rscorlid /n 1600hS3?. Aege 1// Johnson County Alreordve!r Office And A/so As Palled Ne.ron. 1 In accordance with Section 10 of Chapter 409.1 Code of Iowa; permanent control monuments have ` Beerin s 9hewn /n C7 D�serih been set at controlling comers of the tract 9 and such other monuments, as required under The Roanoory Line //sip, The sold Section 10, shall be established after all Some Caordingr'e System Aa street and utility Improvements ere completed. 60orinys Reco'-d'ad /n Book ddJ, Pye W. LEGAL DESCRIPTION I state that during the month of November, 1982 at the direction of the Owner, I directed a survey of the portion of excess street right -of way plotted hereon, and the boundaries of the tract are as followat Commencing at concrete monument which is the southwest corner of Section 16, 779N, R6V, If the 5th P.M., Iowa City, Iowa and the point of beginning; thence N2• -361-30'E, 33.0 feet along the easterly line of lot 18, Bryn Mawr Heighta Addition Part Thirteen; thence 1133•-07'-40aE. 67.3 foet along said easterly lot line to a point on the westerly right of woy line of Sunset Strea thence southeasterly 15.38 feet along the westerly line of Sunaet Street and o 1035.0 foot radius curve concave northeasterly- thence S22• -34'-06"W, 16.94 feet; thence S30-56'-OO"w, 15.80 feet; thence southerly 40 .1.0 feet of e 7 3 foot radius curve concave southeasterly; thence, 52•-06'-00•w, 12.75 feet; thencgqpptnn+CC8,,0i•-5 ' M, D 20.7 feet tb the Doint of ginning., id tract containing 1767 square feehLmore r la. D Dennis M. Seeugling, P.E. g L.S. 03917 JAN 3 IM Subacrlbed and �nw1m to before me this = day of V "• 1902 &WICIAt- v xe'e'e/ rd%,Imr0Q \lo h Pn�1t1'Ld Il eia.t/` AMNG VotaryPublic, S to Iowa rl: E7LM1r ge P'ngineehing compog. One. 1441.111186 C•NSILTA• A BOUNDARY SURVEY OF EXCESS STREET RIGHT OF WAY AWACENT TO IAT 18, BRYN MAWR HEIGIYr ADDITION, PART THIRTEEN. IOWA CITY, IOVA MICROFILMED BY !.JORM MICROLAB CEDAR RAPIDS -DES MOINES r 81168 - A J ._ CURVEs 4 "•r \ p= 005105' y hl!"��•ti?f.:CG,D \ \ R- 1035.00' •' C = 15.38 \ X rJJ4 % :S°T ,l•:':5 \ B' T= 7.69' \ L= 15.38' 4s-vo ! 'W] CH. BEA.: S4603428'E �l \ S22034' °W [s 40'172/4'E] \\ 16.94 CURVE•5_KF Ryao so4 •a/ p= 32050'00" ��,y �1• S 34056'00" R= 70.50' l t 15.80' C= 39.85' T= 20.77' A09 L=.40.40' "0 LIU .' CH. BEA.- S 18°31' 00° W \/ r4 Zs l90e7•Ve'W.% CURVE 5 1,767 S0. FT 40.40' W N ' SW COR. SEC. 16� I T79N,R6W I BscN Ol T2s• Carp ZJO.Oes •W7 I S2006, 00' W S 12.75' 30. • /O' Wide tH!/'Py`Nee°58'20"W Easement 20.78' (See -.68%,W) ,)'dyke + '60&Mros Shown /n Pe"flMeses Oroerihe A Porsrion "The Ryh/ Of {'Vey As Rscorlid /n 1600hS3?. Aege 1// Johnson County Alreordve!r Office And A/so As Palled Ne.ron. 1 In accordance with Section 10 of Chapter 409.1 Code of Iowa; permanent control monuments have ` Beerin s 9hewn /n C7 D�serih been set at controlling comers of the tract 9 and such other monuments, as required under The Roanoory Line //sip, The sold Section 10, shall be established after all Some Caordingr'e System Aa street and utility Improvements ere completed. 60orinys Reco'-d'ad /n Book ddJ, Pye W. LEGAL DESCRIPTION I state that during the month of November, 1982 at the direction of the Owner, I directed a survey of the portion of excess street right -of way plotted hereon, and the boundaries of the tract are as followat Commencing at concrete monument which is the southwest corner of Section 16, 779N, R6V, If the 5th P.M., Iowa City, Iowa and the point of beginning; thence N2• -361-30'E, 33.0 feet along the easterly line of lot 18, Bryn Mawr Heighta Addition Part Thirteen; thence 1133•-07'-40aE. 67.3 foet along said easterly lot line to a point on the westerly right of woy line of Sunset Strea thence southeasterly 15.38 feet along the westerly line of Sunaet Street and o 1035.0 foot radius curve concave northeasterly- thence S22• -34'-06"W, 16.94 feet; thence S30-56'-OO"w, 15.80 feet; thence southerly 40 .1.0 feet of e 7 3 foot radius curve concave southeasterly; thence, 52•-06'-00•w, 12.75 feet; thencgqpptnn+CC8,,0i•-5 ' M, D 20.7 feet tb the Doint of ginning., id tract containing 1767 square feehLmore r la. D Dennis M. Seeugling, P.E. g L.S. 03917 JAN 3 IM Subacrlbed and �nw1m to before me this = day of V "• 1902 &WICIAt- v xe'e'e/ rd%,Imr0Q \lo h Pn�1t1'Ld Il eia.t/` AMNG VotaryPublic, S to Iowa rl: E7LM1r ge P'ngineehing compog. One. 1441.111186 C•NSILTA• A BOUNDARY SURVEY OF EXCESS STREET RIGHT OF WAY AWACENT TO IAT 18, BRYN MAWR HEIGIYr ADDITION, PART THIRTEEN. IOWA CITY, IOVA MICROFILMED BY !.JORM MICROLAB CEDAR RAPIDS -DES MOINES r 81168 - A J ._ v MICROFILMED M ;JORM MICROLAB CEDAR RAPIDS-DESMOINES II r \ STAFF REPORT To: Planning & Zoning Commission Prepared by: Karin Franklin Item: S-8324. Hickory Ridge Estates, Date: August 18, 1983 Part 2. GENERAL INFORMATION Applicant: Kathleen Bright R. R. 3, Box 74B i; Iowa City, Iowa 52240 Requested action: Approval of a preliminary and final rural V subdivision. ii Purpose: u To subdivide 9.76 acres into three lots. Location: On the south side of Rapid Creek Road, Section 29 T80 N-R5W, within the two- mile extraterritorial jurisdiction of Iowa i ! IN City. Size: N9.76 acres Existing land use and zoning: Residential and undeveloped; Al (?) i (The County has requested that one acre surrounding an existing residence be rezoned to RS - see attached letter.) ! Surrounding land use and zoning: ,! North - Undeveloped & Agricultural; IRS &AI South - Agricultural; Al East - Residential and undeveloped; RS West - Residential; Al Applicable regulations: -` Subdivision and stormwater management ordinances and rural design standards. I 45 -day limitation period: 9/2/83 ` 60 -day limitation period: 9/19/83 SPECIAL INFORMATION I Public utilities: t' Sewer and water service will be provided by septic systems and wells in accordance with the Johnson County Health Department regulations. Public services: Police protection will be provided by the Johnson County Sheriff's Department. Fire protection will be provided by the City of West Branch. ._ , --_ MICROFILMED DY �JORM MICROLAB 1 CEDAR R APIDS-'DES MOINES 1-, Transportation: Physical characteristics: ANALYSIS 2 Access to the three lots is provided by an existing county road. Hilly and wooded. In a letter submitted with the application, the applicant indicates an intention to sell off two of the lots created by the three lot split proposed. One of these lots, Lot A, would be conveyed to the adjoining property owner to the west and south to square off that person's property on Rapid Creek Road. The other lot, Lot I, with the existing residence would be conveyed to an unnamed party; the third lot would remain with the current owner and would remain undeveloped under its agricultural zoning. The only residential development which could take place on any of this land at this time is the existing single dwelling on the one acre under consideration for rezoning to RS. The applicant has requested a waiver of the preliminary platting requirements. It is recommended by the staff that this waiver be granted since this property is in an area which will not be annexed to the City in the foreseeable future, the applicant's expressed intentions for the property do not anticipate further development, and there are topographic and zoning constraints to further development. As proposed, the subdivision does not include any internal streets and will not require compliance with the City's rural design standards. It has been the City's policy to require storm water management for all development within the Rapid Creek watershed. Therefore, storm water management basin calculations, construction plans and an easement will be required for Hickory Ridge Estates Part II. STAFF RECOMMENDATIONS The staff recommends approval of the final subdivisionplat with a waiver of the preliminary platting requirements upon approval of the legal papers and resolution of any deficiencies and discrepancies listed below. DEFICIENCIES AND DISCREPANCIES I. The bearing on the east lot line of Lot B does not match that of Lot 2, Hickory Ridge Estates, Part I. 2. The storm water management basin easement should be shown on the final plat. ATTACHMENTS I. Location map 2. Applicant's letter ACCOMPANIMENTS I. Preliminary and final plat Approved byl----&AVZV !c . Dopald bcnmeiser, Director _Department of Planning and Program Development k; MICRDFILMED BY `JORM MICROLAB CEDAR RAPIDS -DES MOINES. r 1733 C i •an I I MICROFILMED BY l :JORM MICROLAB I CEDAR RAPIDS -DES MOINES r - N I Louis SHULMAN (1908-19y( WILLIAM V PHELAN WILLIAM M.TuEHER DANIEL W. SOYLC CHARLES A. MULLEN STEPHEN F. BRIGHT BRUCC L. WALKER RICHARD M.TUCKER THOMAS H.GELMAN PHELAN, Tu CKER, HOYLE SI MULLEN ATTORNEYS AT LAW BREMER BUILDING P. 0. Box 2150 IOWA CITY, IOWA 52244 TLLLPH 9ML June 1, 1983 0 O J U L 2 0 1983 MARIAN K. KARR Mayor and City Council CITY CLERK (1) City of Iowa City Civic Center Iowa City, Iowa 52240 Re: Plat Hickory Ridge Estates Part Two Dear Sir: Enclosed is a.plat of the above subdivision which has been filed with the county. The sole purpose of the plat is to allow for the sale of Lot 1 and Lot A in accordance with the Johnson County Subdivision Ordinance. Lot 1 has an existing house and outbuilding. Lot A will be sold to the adjoining land owner. There is no request at this time for a building permit or rezoning for any lot. Accordingly, the owner requests variance from the preliminary plat procedure at this time. Qaurs ve truly, rles A. Qle CAM:mjh Enclosures P.S. Subsequent to the preparation of this application, the County requested that 1 acre surrounding the house on Lot 1 be rezoned RS. This was unanimously approved by the Planning & Zoning Commission and awaits Board approval. MICRDFILMED BY !JORM MICROLAB f '.CEDAR RAP1D5•DE0MOINES 1 ■ r I,L NOiiCE OF PUBLIC HEARING OF INTENTIOn TO ISSUE COMMERCIAL DEVELOPMENT REVENUE BONDS (OUTLOT 25 ASSOCIATES PROJECT) Notice is hereby given that a public hearing will be conducted before the Council of the City of Iowa City, Iowa, in the Council Chambers at the Civic Center, Iowa City, Iowa, at 7:30 o'clock P.M., on August 30, 1983, on the proposal to issue not to exceed $650,000 principal amount of of the City's Commercial Development Revenue Bonds (Outlot 25 Associates Project) pursuant to the provisions of Chapter 419 of the Code of Iowa, for the purpose of financing all or a portion of the cost of acquiring, constructing, improving and equipping a 20 -unit residential apartment facility to be located at 302-304 S. Gilbert and within the area of and consistent with the City's Neighborhood Development Plan. The proposed facilities will be owned by Outlot 25 Associates, an Iowa general partnership (the "Company"). It is contemplated that a Loan Agreement will be entered into between the City and the Company, under which the City would loan to said Company the proceeds from the sale of the Bonds in return for loan payments from the Company sufficient to pay the principal of, interest and premium, if any, on such Bonds as the same shall fall due. Such Bonds, if issued, and theinterest thereon will be payable solely out of the revenues derived from said Loan Agreement and shall never constitute an indebtedness of said City within the meaning of any state constitutional provision or statutory limitation, and shall not constitute nor give rise to a pecuniary liability of said City or charge against its general credit or taxing powers. All local residents who appear at said hearing shall be given an opportunity to express their views for or against the proposal to issue said Bonds, and at said hearing, or any adjournment thereof, the Council of said City shall adopt a resolution determining whether or not to proceed with the issuance of said Bonds. By Order of the City Council. Mar an K. Karr, Clerk of the City of Iowa City, Iowa HICROFILHED BY �I '.JORM MICROLAB CEDAR RAPIDS -DES MOINES m4 r . E I Iowa City, Iowa, August 30, 1983. The City Council of Iowa City, Iowa, met on the above date. in the Council Chamhers, Civic Center, 410 East Washington Street, in Iowa City, Iowa, at 7:30 o'clock P.M., in open regular session, pursuant to law and the rules of said Council. The meeting was called to order by Mary C. Neuhauser, Mayor, presiding, and on roll call the following Council Memhers were present: Balmer Dickson Erdahl Lynch McDonald Neuhauser Absent: Perret • • • a • a ,r -1- AHLERS. COONEY. DORWEILER. HAYNIE S SMITH, LAWYERS. DEE MOINES, IOWA IdICROFI'MED BY , LJORM MICROLAB MDINES CEDAR RANDs•DES '.' - r 0 (Other Business) The Mayor announced that the purpose of the rweting was to hold a public hearing on the proposal to issue not to exceed S650,000 aggregate principal amount of the City's Commercial Development Revenue Bonds (Outlot 25 Associates Project), as required by Section 419.9, Code of Iowa, and Section 103(k) of the Internal Revenue Code of 1954, as amended, for the purpose of financing all or a portion of the cost of acquiring, constructing, improving and equipping a 21 -unit residential apartment facility located within the area of and consistent with the City's Neighborhood Development Plan. It is proposed that the proceeds from the sale of said Bonds be loaned by the City to Outlot 25 Associates, with loan payments sufficient to pay principal of, interest and premium, if any, on such Bonds as the same shall fall due. The Mayor then asked if there was any person or persons present to express views for or against the proposal to issue said Bonds, notice of said hearing having been published as required by law. Written objections or other comments were filed by the following: (List names of persons filing objections and attach copies of same. If none, insert the word "None".) None Oral objections or other comments were made by the following: (List names of persons appearing and a summary of any views expressed. If none, insert the word "None".) Joe Holland, attorney for developer, present. -2- AHLERS. COONEY. DORW EILER. HAYNIE S SMITH. LAWYERS. DES MOINES. IOWA rN MICROFILMED P `.JORM MICROLAB I CEDAR LRAPIDS•DES-N0INES Il r• NNS0 After ample opportunity had been given to all persons who appeared at the hearing to ex the Press their views for or against proposal to issue the Bonds, Council i I Proposed Member Bad, the following Resolution and Council moved Membits adoption, er —Lynch seconded the motion to adopt. After due consideration Of said motion, the roll was called and the Resolution was adopted by the following vote: AYES: Fr hl Lunch McDonald, euhauser NAYS: None The Resolution was thereupon signed by the Mayor and in evidence of her approval, was attested by the City Clerk, and was declared to he effective. The Resolution is as follows; A NLCRS, COON EY. DOgWEILER. 14AYNIC a SMITH, LAWYERS, DES MOINES, IOWA MICROFILMED BY �JORM MICROLAB 1 ?CEDAR ROM—DES-HOINES ­ NOIfCE OF PUBLIC HEARING OF INTENTION TO ISSUE COMMERCIAL DEVELOPMENT REVENUE BONDS (LYMAN ADDITION ASSOCIATES PROJECT) Notice is hereby given that a public hearing will be conducted before the Council of the City of Iowa City, Iowa, in the Council Chambers at the Civic Center, Iowa City, Iowa, at 7:30 o'clock P.M., on August 30, 1983, on the proposal to issue not to exceed $900,000 principal amount of of the City's Commercial Development Revenue Bonds (Lyman Addition Associates Project) pursuant to the provisions of Chapter 419 of the Code of Iowa, for the purpose of financing all or a portion of the cost of acquiring, constructing, improving and equipping a 28 -unit residential apartment facility to be located at 308 S. Gilbert and within the area of and consistent with the City's Neighborhood Development Plan. The proposed facilities will be owned by Lyman Addition Associates, an Iowa general partnership (the "Company"). It is contemplated that a Loan Agreement will be entered into between the City and the Company, under which the City would loan to said Company the proceeds from the sale of the Bonds in return for loan payments from the Company sufficient to pay the principal I of, interest and premium, if any, on such Bonds as the same shall fall due. Such Bonds, if issued, and theinterest thereon will be payable solely out of the revenues derived from said Loan Agreement and shall never constitute an indebtedness ? of said City within the meaning of any state constitutional provision or statutory limitation, and shall not constitute nor give rise to a pecuniary liability of said City or a charge against its general credit or taxing powers. All local residents who appear at said hearing shall be given an opportunity to express their views for or against the proposal to issue said Bonds, and at said hearing, or any adjournment thereof, the Council of said City shall adopt a resolution determining whether or not to proceed with the issuance of said Bonds. By Order of the City Council. E Mare r, Lierk of the City of Iowa City, Iowa 17$4f Sj MICROFILMED BY I !JORM MICROLAB CEDAR RANDS•DES�MOINES r r- : Iowa City, Iowa, August 30, 1983. The City Council of Iowa City, Iowa, net on the above date in the Council Chambers, Civic Center, 410 Fast Washington Street, in Iowa City, Iowa, at 7:30 o'clock P.M., in open regular session, pursuant to law and the rules of said Council. The neeting was called to order by Mary C. Neuhauser, Mayor, presiding, and on roll call the following Council Memberswere present: BalmY Dickson Erdahl Lynch McDonald Neuhauser Absent: Perret I AHLERS. COONEY. DORWEILER. HAYN E&SMITH. LAWYERS, DES MOINES, IOWA A/ 9 ... _... / / r/ MICROFILMED BY '.JORM MICROLAB: I `CEDAR RAMS•DES�MOINES 7 I J. J 3 i i i I I J. J r• V (Other Business) The Mayor announced that the purpose of the meeting was to hold a public hearing on the proposal to issue not to exceed S900,000 aggregate principal amount of the City's Commercial Development Revenue Ponds (Lyman Addition Associates Project), as required by Section 419.9, Code of Iowa, and Section 103(k) of the Internal Revenue Code of 1'154, as amended, for the purpose of financing all or a portion of the cost of acquiring, constructing, improving and Pquipping a 2R -unit residential apartment facility located within the area of and consistent with the City's Neighborhood Development Plan. It is proposed that the proceeds from the sale of said Bonds he loaned by the City to Lyman Addition Associates, with loan payments sufficient to pay principal of, interest and premium, if any, on such Bonds as the same shall fall due. The Mayor then asked if there was any person or persons present to express views for or against the proposal to issue said Bonds, notice of said hearing having been published as required by law. Written objections or other comments were filed by the following: (List names of persons filing objections and attach copies of same. If none, insert the word "None".) None oral objections or other comments were made by the following: (List names of persons appearing and a summary of any views expressed. If none, insert the word "None".) Joe Holland, attorney for developer, present. -2- AHLERS. COON EY. DORW EILER, HAYNIE S SMITH. LAWYERS. DEB MOINES. IOWA MICROFILMED BY ,DORM MICRO_ LAB CEDAR RAPIDS•DES NOINE� A r i i After ample opportunity had been given to all persons who appeared at the hearing to express their views for or against the proposal to issue the Sonds, Council Member Balmer proposed the following Resolution and moved its adoption. Council Member _Lynch seconded the motion to adopt. After due consideration of said motion, the roll was called and the Resolution was adopted by the following vote: AYES: E7 _ ger Dirk On LVRCh MCDnnalA N thancer NAYS: None ---------------- The Resolution was thereupon signed by the Mayor and in evidence of her approval, was attested by the City Clerk, and was declared to be effective. The Resolution is as follows: -3- MILERS, COONEY. DORWEILER, HAYNIES SMITH, LAWYERS, DES MOINES, IOWA ..... ....... . - - , MICROF]LMEO BY _'JORM MICROLAB I CEDAR RAPIDS-DES'MOINES'r ■ ■ RESOLUTION No. 83-282 PUBLIC HEARING AND RESOLUTION APPROVING PROCF.F.DIN(: WITH THE ISSUANCE AND SALE. OF NOT TO EXCEED 5900,000 ArCRFGATF PRINCIPAL AMOUNT OF COMMF,RCIAL DEVELOPMENT RE17PNUE BONDS (LYMAN ADDITION ASSOCIATES PROJFCT) OF THE CITY OF IOWA CITY, IOWA. WHEREAS, the City of Iowa City, a political subdivision of the State of Iowa (the "City"), the Iowa is authorized by Chapter 419 of Code, as amended (the "Act"), to issue Commercial Development Revenue Bonds for the purpose of defraying the cost j of acquiring, constructing, improving and equipping land, i buildings and improvements suitable for use as a commercial enterprise consisting of a 28 -unit residential apartment facility which the City finds is consistent with the urban renewal plan adopted by the City pursuant to Chapter 403, Code of Iowa, and to loan the proceeds from the sale of such Bonds, pursuant to a loan agreement, to Lyman Addition Associates, an Iowa general partnership (hereinafter referred to as the " Company"), to be used for the aforesaid purposes; and WHEREAS, the City has determined said Project is located within the area of and is consistent with and authorized by the City's Neighborhood Development Plan, and there is a public need in the City and its surrounding environs for implementation of said Neighborhood Development Plan, which will promote urban renewal, rehabilitation and redevelopment of the City, will eliminate blighted areas within the City and provide employment opportunities for residents of the City and the surrounding area; and WHEREAS, a notice of hearing on the proposal to issue not to exceed S900,000 aggregate principal amount of Commercial Development Revenue Bonds (Lyman Addition Associates Project) (the "Roods"), of the City of. Iowa City, Iowa, has been Published as required by law; and WHEREAS, a public hearing has been held at the time and place as specified in said notice of hearing and any and all Objections or other comments relating to such Bonds have been heard and it is deemed to he in the best interests of the City Of Iowa City, Iowa, that said Bonds he issued as proposed; and NOW, THEREFORE, Be It Resolved by the City Council of the City of Iowa City, Iowa, as,follows: Section 1. That it is hereby determined that it is neces- sary and advisable that the City proceed with the issuance of -4- MILERS. COONEY, DOIIWEILER. HAYNIE &SMITH, LAWYERS, DEB MOINES. IOWA 14t i. MICROFILMED BY i `..JORM MICROLAB CEDAR RAPIDS -DES I401NE5 r /751-/ its Commercial Development Revenue Bonds (r.yman Addition Associates Project) in an amount not to exceed S9nn,000, all as authorized and permitted by the Act and Section 103 of the Internal Revenue Code of 1954, as amended, and to loan the proceeds of the sale of the Bonds to the Company, all upon terms and conditions mutually satisfactory to the City and the Company. Section 2. That at the public hearing conducted by this Council as required by the Act and Section 103(k) of. the Internal Revenue Code of 1954, as amended, and pursuant to published notice, all persons who appeared were given an opportunity to express their views for or against the proposal to issue said Bonds and it is hereby determined that any and all objections to the issuance of the said Bonds, are herehy overruled. Section 3. That this Council shall proceed with the necessary proceedings relating to the issuance of said Bonds upon reasonable advance notice from the Company that satisfactory financing terms have been agreed upon with the proposed purchasers and the required documentation has been prepared by Bond Counsel, and approved by all other parties, including the City Attorney of said City. Section 4. That said Bonds, if issued, and the interest thereon, will he payable solely out of the revenues derived from the financing of. said Project and shall never constitute an indebtedness of the City of Iowa City, Iowa, within the meaning of any state constitutional provision, or statutory limitation, and shall not constitute nor give rise to a ! pecuniary liability of said City of Iowa City, Iowa, or a charge against its general credit or taxing powers. f ! Section 5. All Resolutions and Orders or parts thereof, in I conflict herewith are, to the extent of such conflict, hereby i repealed and this Resolution shall he in full force and effect i immediately upon its adoption. Adopted and approved this 30th day of August, 1983. City of. Iowa City, Sows I AA (Seal) �/'LLU�. liiYnnl IAe�I( Mary C. euhauser, Mayor i Attest: Marian K. Karr, City Clerk -5- AHLERS. COONEY. DORWEILER. HAYNIE ft SMITH. LAWYERS, DES MOINES. IOWA / 7fl-� MICROFILMED V TM �i 'JORM MICROLAB 'CEDAR RA PIOS•DES'MOINES r r ■ n CLERK'S CERTIFICATE I, Marian K. Karr, being first duly sworn do hereby depose and certify that I am the duly appointed, qualified, and acting City Clerk of the City of Iowa City, in the County of Johnson, State of Iowa; that as such I have in my possession, or have access to, the complete corporate records of said City and of its Council and officers; that I have carefully compared the transcript hereto attached with the aforesaid corporate records; and that said transcript hereto attached is a true, correct and complete copy of all the corporate records showing the action taken by the City Council of said City at a meeting open to the public on August 30, 1983, holding a public hearing and approving the issuance of not to exceed s9no,n00 aggregate principal amount of Commercial Development Revenue Bonds (Lyman Addition Associates Project), of the City of Iowa City, Iowa; that said proceedings remain in full force and effect and have not been amended or rescinded in any way; that said meeting and all action thereat was duly and publicly held, with members of the public in attendance, in accordance with a notice of meeting and tentative agenda, a copy of which was timely served on each member of the Council and posted on a bulletin hoard or other prominent place easily accessible to the public and clearly designated for that purpose at the principal office of the Council (a copy of the face sheet of said agenda being attached hereto) pursuant to the local rules of the Council and the provisions of Chapter 28A, Iowa Code, and upon reasonable advance notice to the public and media at least twenty-four hours prior to the commencement of the meeting as required by said law. Witness my hand and the Corporate Seal of said City hereto affixed this 30th day of August, 1983. /JA/ilM/ 4-1 �4- (Seal) Mari'an K. Karr, City Clerk State of Iowa ) SS: County of. Johnson ) Subscribed and sworn to before me this day, the date last above written. (Seal) I 'Notary Oublic i Q:l AHLERS.GOONEY. DORWEILER. HAYNIE E SMITH. LAWYERS, DEE MOINES. IOWA /7fl-ET i, MICROFILMED BY iJORM MICROLAB / .CEDAR RAPIDS -DES MOINES,' -1- r . E (This Notice to he Posted) NOTICE AND CALL OF COUNCIL MEETING Governmental Body: Date of Meeting: Time of Meeting: Place of Meeting: The City Council of Iowa City, Iowa. August 30, 1983 7:30 P.M. Council Charnhers Civic Center Iowa City, Iowa P6:ZE 43 AC-31.33Rk PUBLIC NOTICE IS HEREBY GIVEN that the above-mentioned governmental body will meet at the date, time and place above set out. The tentative agenda for said meeting is as follows: 1. Public Hearing and Resolution Approving Proceeding With The Issuance and Sale of Not To Exceed S900,000 Aggregate Principal Amount of Commercial Development Revenue Bonds (Lyman Addition Associates Project), of the City of Iowa City, Iowa. 2. Such additional matters as are set forth on the additional 17 page(s) attached hereto (attach copy of agenda). This notice is given at the direction of the Mayor, pursuant to Chapter 28A, Iowa Code, as amended, and the. local rules of said governmental body. Marian K. Karr, Clerk of the City of Iowa City, Iowa -7- AHLERS. COONEY. DORWEILER. HAYNIE S SMITH. LAWYERS. DEB MOINES. IOWA MICROFILMED BY ;1 !DORM MICROLAB CEDAR.RAPIDS•DES MOINES I a I0 NOTICE OF PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT AND ESTIMATED COST FOR ROCKY SHORE BIKEWAY PROJECT IN THE CITY OF IOWA CITY, IOWA TO ALL TAXPAYERS OF THE CITY OF IOWA CITY, IOWA, AND TO OTHER PERSONS INTERESTED: Public notice is hereby given that the City Council of the City of Iowa City, Iowa, will conduct a public hearing on plans, specifications, form of contract and estimated cost for the construction of Rocky Shore Bikeway Project in said City at 7:30 P.M. on the 30th day of August, 1983, said meeting to be held in the Council Chambers in the Civic Center in said City. Said plans, specifications, form of contract and estimated cost are now on file in the office of the City Clerk in the Civic Center in Iowa City, Iowa, and may be inspected by any persons interested. Any persons interested may appear at said meeting of the City Council for the purpose of making objections to said plans, specifications, contract or the cost of making said improvement. This notice is given by order of the City Council iofftthe City of Iowa City, Iowa. % MARPAN KARR, CITY CLERK A2 MICRDFILMED BY I JORM MICROLAB I CEDAR RAPIDS•DES-I401IIES r 1 r - I N NOTICE OF PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT AND ESTIMATED COST FOR THE TRANSIT MAINTENANCE FACILITY PARKING IMPROVEMENTS IN THE CITY OF IOWA CITY, IOWA TO ALL TAXPAYERS OF THE CITY OF IOWA CITY, IOWA, AND TO OTHER PERSONS INTERESTED: Public notice is hereby given that the City Council of the City of Iowa City, Iowa, will conduct a public hearing on Plans, specifications, form of contract and estimated cost for the construction of the Transit Maintenance Facility Parking the30thImprovements of August, 11983ty , said meeting to be held in the Council Chambers in the Civic Center in said City. Said plans, specifications, form of contract and estimated cost are now on file in the office of the City Clerk in the Civic Center in Iowa City, Iowa, and may be inspected by any persons interested. Any ons at said meeting of the ecityeCouncilprstd maforrthe purpose of making objections to said plans, specifications, contract or the cost of making said improvement. This notice is given by order of the City council of the City of Iowa City, Iowa. MARIAN KARR, CITY CLERK MICROFILMED BY I.JORM MICROLAB CEDAR RAPIDS -DES MOINES r I �7,SiZ. I r I NOTICE OF PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT AND ESTIMATED COST FOR THE NEIGHBORHOOD STRATEGY AREA - CURB RAMP AND SIDEWALK REPAIR PROGRAM (NORTH SIDE) IN THE CITY OF IOWA CITY, IOWA TO ALL TAXPAYERS OF THE CITY OF IOWA CITY, IOWA, AND TO OTHER PERSONS INTERESTED: Public notice is hereby given that the City Council of the City of Iowa City, Iowa, will conduct a public hearing on plans, specifications, form of contract and estimated cost for the construction of the Neighborhood Strategy Area - Curb Ramp and Sidewalk Repair Program (North Side) in said City at 7:30 p.m. on the 30th day of August, 1983, said meeting to be held in the Council Chambers in the Civic Center in said City. I Said plans, specifications, form of contract and estimated cost are now on file in the office of the City Clerk in the ; Civic Center in Iowa City, Iowa, and may be s inspected by any persons interested. Any persons interested may appear at said meeting of the City Council for the purpose of making objections to said plans, specifications, contract or the cost of making said improvement. This notice is given by order of the ! City Council of the City of Iowa City, Iowa. I MARIAN�KARR, CITY CLERKA MICROFILMED BY �JORM MICROLAB CEDAR RAPIDS -DES -MOINES r J 1: S PUBLIC NOTICE NOTICE OF PUBLIC HEARING REGARDING A NEIGHBORHOOD IMPROVEMENT PLAN FOR THE MILLER/ORCHARD NEIGHBORHOOD. The City of Iowa City hereby provides notice of a public hearing to be held by the City Council on Tuesday, August 30, 1983, at 7:30 PM in the Council Chambers, Civic Center, 410 E. Washington Street, Iowa City, Iowa, 52240, to receive citizen comments on a Neighborhood Improvement Plan for the Miller/Orchard Neighborhood in the City of Iowa City. If adopted by the City Council, said plan would provide for: 1) The designation of the Miller/Orchard Neighborhood Improvement Area, with boundaries as shown on the map below, pursuant to State law. 2) The use of available public and private resources for the rehabilitation of houses owned by low and moderate income occupants. 3) The elimination of health and safety hazards caused by substandard housing and blight, traffic congestion, open ditches, and inadequate or non-existent sidewalks. 4) The establishment of a new neighborhood park, provided funds are available and appropriated for such park. Persons interested in expressing their views on said plan will be given the opportunity to be heard at the above- mentioned time and place. Copies of said plan may be reviewed by the public during regular business hours at the following locations: Office of the City Clerk, Civic Center, 410 E. Washington Street, Iowa City, Iowa Iowa City Public Library, 123 S. Linn Street, Iowa City, Iowa Mari n K. Karr, C'ty Clerk rr ` it MICROFILMED BY �JORM MICROLAB `CEDAR RAPIDS•DES•MOINES.'r %s% ROOSEVELT SCHOOL 1 MILLER/ORCHARD NEIGHBORHOOD IMPROVEMENT AREA I i .o a i > 90 Bill CT. ir I W' o U) uj >I a — Hwy 1 F I' S r %S4 r ,..MICROFILMED BY t?i :JORM MICROLAB CEDAR kAPIDS•DES-140INES i , i Bill W' o U) uj >I a — Hwy 1 F I' S r %S4 r ,..MICROFILMED BY t?i :JORM MICROLAB CEDAR kAPIDS•DES-140INES i , r' \h City of Iowa City MEMORANDUM Date: August 23, 1983 To: City Council From: a\Jim Hencin, CDBG Program Coordinator Re: Miller/Orchard Neighborhood Improvement Plan The attached Miller/Orchard Neighborhood Improvement Plan has been prepared with the assistance of the residents of this neighborhood, who originally petitioned CCN and the Council for designation as a Neighborhood Improvement Area (NIA). This plan, together with the Resolution of Necessity (N83-249, adopted 8-2-83), review by the Planning and Zoning Commission for compliance with the Comprehensive Plan (8-4-83), and the Public Hearing on 8-30-83, fulfills the requirements of Chapter 403 of the Code of Iowa for creating an "urban renewal area," here called an NIA. In reviewing the Miller/Orchard Neighborhood Improvement Plan for compliance with the Iowa City Comprehensive Plan, some P&Z members expressed concern about the boundaries of the area and the inclusion of rental property. These concerns, however, do not affect compliance with the Comprehensive Plan. The Planning and Zoning Commission voted 4-2 (one abstension) that the Miller/Orchard Neighborhood Improvement Plan is consistent with the Iowa City Comprehensive Plan as adopted in 1978 and updated in 1983. bj2/17 r flltll MICROFILMED V ;JORM MICROLAB i CEDAR RA PIDS•bES�MOINES .' r i /7s J I MILLER/ORCHARD NEIGHBORHOOD IMPROVEMENT PLAN City of Iowa City August 1983 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES I /7s_�o r• 4 r Miller/Orchard Neighborhood Improvement Plan for Iowa Chapter 403 and Community Development Block Grant Requirements Prepared by the Department of Planning & Program Development City of Iowa City August 1983 Fr ...._ ...,_..... _, ""'._... _.. _. (._ MICROFILMED BY !JORM MICROLAB CEDAR RAPM-DES'MOINES'� 1756 Miller/Orchard Neighborhood Improvement Plan for Iowa Chapter 403 and Community Development Block Grant Requirements I. INTRODUCTION Some of Iowa City's older neighborhoods are faced with the problem of deterioration and decline. Low and moderate income home owners often find that they are unable to meet property repair and maintenance costs. Public facilities and infrastructure are often inadequate or nonexistent. Recognizing these problems, the City of Iowa City has allocated funds from its Community Development Block Grant (CDBG) program for the development and implementation of a neighborhood improvement program including housing 'rehabilitation and weatherization, neighborhood site improvements, and housing code enforcement. Recently, Iowa City received funding through the Community Develop- ment Block Grant/Jobs Bill Program. A proposal was developed for the Miller/Orchard area (see Exhibit A) to become designated as a Neighborhood Improvement Area. This would result in the creation of a new neighborhood improvement area west of the Iowa River. II. OBJECTIVES OF PLAN The primary objectives in establishing this neighborhood project area are: 1. To prevent further deterioration of the area by establishing a home improvement program, and by encouraging rehabilitation and weatherization of homes through the availability of low- interest home improvement loans for low and moderate income residents. 2. To encourage the implementation of a program for the development of additional public park and recreational facilities in the area. 3. To implement a concentrated code enforcement program to improve the general upkeep and condition of both rental and owner - occupied properties. 4. To improve or construct needed public infrastructure (streets, sidewalks and storm drains). In order to achieve these objectives the City of Iowa City shall undertake the actions specified in this plan, pursuant to the powers granted to it under Chapter 403 of the Code of Iowa (1983). K MICROFILMED BY +� !JORM MICRO_ LAB CEDAR RAPIDS -DES MOINES now 1 5 1 2 III. DESCRIPTION OF THE NEIGHBORHOOD IMPROVEMENT AREA A. Boundaries of the Area The Orchard/Miller Neighborhood Improvement Area is bounded on the north by the Chicago, Rock Island & Pacific Railroad tracks, on the east by Orchard Street, on the south by Highway 1 and on the west by Greenwood Drive north of Benton and roughly the western boundary of the RIB zoning district in this area (see Exhibit B). B. Existing Land Use The nature of the existing land use within this area is basically residential. The range of uses includes single family homes, several multi -family apartment complexes north of Benton Street, one mixed commercial and residential structure, and the Roosevelt Elementary School. C. Demographic Data for the Area 156 56 Population and Households - Entire Neighborhood Total Population (estimated) 670 Total # Households Total # Owner -occupied % Owner -Occupied Total Renter -Occupied % Renter -Occupied 320 102 32% 218 68% Total # Apartment Units 156 56 Vacancy Rate % Elderly (62+) 12% % Elderly (62+) in Iowa City 8% Area South of Benton Street (major improvement area) Total Population (estimated) 261 Total # Households Total Owner -occupied 115 % Owner -Occupied 77 Total Renter -Occupied 67% % Renter -Occupied 38 33% Area North of Benton Street Total Population (estimated) 409 Total # Households 205 K j MICROFILMED BY .JORM MICROLAB CEDAR.RAPIDS•DES_ MOINES'` 1 ■ 'r 3 Total Owner -Occupied 25 % Owner -Occupied 12% Total # Renter -Occupied 180 % Renter -Occupied 88% Economic Data 1980 Census income information is only available for Census Tract 6 which is bounded by Highway 1, Miller Avenue and Benton Street to the south, University Heights to the west, Melrose Avenue on the north, and the Iowa River on the east side. Median Household Income for Census Tract 6 $11,067 Median Household Income for Iowa City $18,868 % Persons below Poverty Level in Census Tract 6 28% % Persons below Poverty Level in Iowa City 20% It is difficult to interpret this income data, since this census tract includes numerous apartments on Benton Street, Oakcrest Street and Woodside Drive (many of them student occupied), as well as the newer middle income homes in the western part of the tract. According to a survey mailed to area residents, 57% of the t respondents indicated their incomes were at or below the income guidelines for Housing Rehabilitation and Weatherization eligibility and can be classified as low and moderate income. Approximately 66% of the apartment units in the Miller/Orchard area are rented to students who also primarily fall into the low and moderate income category. [Sources: 1. 1980 U.S. Census Data 2. R.L. Polk Directory 3. Telephone Survey Miller/Orchard Area Apartment Managers (July 1983) 4. Survey for Neighborhood Improvement in Miller/Orchard Area (July 1983)] D. Exterior Housing Conditions and Age of Housing The results of a July 1983 exterior housing conditions survey are shown on an attached map'(Exhibit C). Much of the housing exhibits minor deficiencies and the need for repairs. Census data on age of housing is only available for Census Tract 6, as a whole. Of 1625 housing units in this census tract, 126 (8%) were built before 1940, and 469 (29%) are pre -1960. Many of these older structures are in the Miller/Orchard area. E. Existing Public Facilities The two major streets serving the Miller/Orchard area, West Benton Street and Highway 1, run in an east -west direction. MICROFILMED BY '.JORM MICROLAB I CEDAR RAPIDSDES MOINES', / -754 _1 4 Sidewalks and curbs running parallel to West Benton are in deteriorated condition. Most residential side streets in the area lack sidewalks and curbs and are in varying states of decline. Residents of several side streets have requested additional street lights. There are also hazardous open ditches and a creek on West Benton, Douglas and Orchard Streets. Roosevelt School serves this area, but there are no public park or recreational facilities in or near the Miller/Orchard neighborhood. IV. NEIGHBORHOOD IMPROVEMENT PLAN OBJECTIVES The following objectives have been established for the rehabilitation of the Miller/Orchard neighborhood: 1. To create a new Miller/Orchard Neighborhood Improvement Area. 2. To upgrade and refurbish the area to eliminate blight and blighting influences. 3. To aid low and moderate income home owners by providing Community Development. Block Grant and other financial assistance for the rehabilitation of dwelling units which were previously ineligible for such assistance due to their location outside of a redevelopment or improvement area. 4. To eliminate health and safety hazards caused by substandard housing and blight, traffic congestion, open ditches and inadequate or non-existent sidewalks. 5. To establish a new neighborhood park on Miller Avenue to serve this and adjoining neighborhoods, provided funds are available and appropriated for a park. FINANCIAL ASSISTANCE Low and moderate income home owners often find that they are unable to meet property repair and maintenance costs. This sometimes results in failure to upgrade residential structures in need of repair. The housing rehabilitation program will provide financial assistance to pay for improvements which will bring the structures up to decent, safe and sanitary conditions. The housing rehabilitation program may use grants, loans and/or other financial means which are deemed necessary and are lawful to achieve the goals of this plan. Funds for this purpose may be obtained from public and private sources as they become available. /756 MICROFILMED BY 'JORM MICROLAB CEDAR RAN DS•DES MOINES , 5 C. TECHNICAL ASSISTANCE 0 In addition to pertinent and necessary financing services, the City will offer technical advice on necessary steps for successful rehabilitation and weatherization of homes in the area. In addition to work specified by the City's Housing Code, the housing rehabilitation program may also perform work in such areas as energy conservation, fire detection, architectural barrier removal, and others which are not specified but are considered necessary and appropriate to make a structure decent, safe and sanitary. D. OTHER ACTIVITIES Activities carried out as part of this program may include parkland property acquisition, site improvements such as streets, sidewalks and storm drainage, concentrated code enforcement, planned neighborhood development, and/or any other activity deemed necessary and appropriate and authorized by law. Such activities would be undertaken provided there are funds available and appropriated by the City Council. E. RELOCATION F. No relocation of residents or businesses is anticipated. However, if such relocation should occur, the City of Iowa City will provide relocation benefits and assistance according to the requirements of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 and applicable state and local laws. CONSISTENCY WITH COMPREHENSIVE PLAN The Miller/Orchard Neighborhood Improvement Plan is consistent with the overall short range and long range goals and the housing goals of The Comprehensive Plan for Land Use Trafficways and Communitcilities, I y Faowa City, Iowa opted May 30, 1978] oto encourage the maintenance and where necessary the rehabilitation of existing housing stock." (p. 13) The Neighborhood Improvement Plan is also consistent with the housing goals stated in The Iowa City Comprehensive Plan Land Use Update 1983 "to encourage rehabilitation and reinvestment in existing neighborhoods to maintain the existing housing stock and preserve desirable neighborhood characteristics." (p. 9) 1j .j MICROFILMEDaI +� JORM WF LAB 'CEDAR RAPIDS- DES MOIRES I 175-% I EXHIBIT A .MILLER/ORCHARD NEIGHBORHOOD IMPROVEMENT AREA MICRDFILMED BY t ' !JORM MICROLAB CEDAR RAPIDS -DES HOINES f 0 I ' , R 3A ROOSEVELT SCHOOL i I i c. E , , , 1 1 i 1 1 1 I i j KEY N NEIG110001100D Y BOUNIMFUES ZONING ,V BOUNDARIES i L C2 1 1 EXHIBIT B -MILLER/ORCHARD NEIGHBORHOOD IMPROVEMENT AREA C2 F MICROFILMED BY CJORM MICROLAB CEDAR RAPID S•bES•ADINES � r I v 'J EXHIBIT C -MILLER/ORCHARD NEIGHBORHOOD IMPROVEMENT AREA J� EXTERIOR MICROFILMED BY 'JORM MICROLAB f i CEDAR RAPIDS•DES MOINES - r