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Home My WebLink About1982-03-02 Ordinancer ORDINANCE NO. 82-3051 AN ORDINANCE VACATING ALLEY RIGHT-OF-WAY PLATTED IN LYMAN COOK'S SUBDIVISION OF OUTLOT 25 AND BERRY HILL & PIERCE ADDITION. BE IT ORDAINED BY THE CITY COUNCIL OF IOWA CITY, IOWA: SECTION I. That the following described right-of- way in Iowa City, Iowa, is hereby vacated for street purposes: Beginning at the northeast corner of Lot 4 of Lyman:Cook's Subdivision of Outlot 25, Iowa City, Iowa, (this corner is assumed to be the southwest corner of the section of alley vacated July 5, 1966). Thence southerly along the easterly lot lines of Lots 4 and 5 of Lyman Cook's Subdivision and Lots 10, 9, 8, and 7 of Berry Hill & Pierce Addition to Iowa City, Iowa, to the southeast corner of Lot 7 of Berry Hill & Pierce Addition; thence in an easterly direction to the southwest corner of Lot 4 of Berry Hilt & Pierce Addition; thence northerly along the westerly lot lines of Lots 4, 3, 2, and 1 of Berry Hill & Pierce Addition and Lots 10 and 9 of Lyman Cook's Subdivision to the northwest corner of Lot 9 of Lyman Cook's Subdivision (this corner is assumed to be the southeast corner of the section of alley vacated July 5, 1966); Thence in .a westerly direction to the northeast corner of Lot 4 of Lyman Cook's Subdivision which is the point of beginning. SECTION II. This ordinance shall be in full force and effect when published by law. Passed and approved this 2nd day of March, 1982. MAYOR ATTEST:a� .Dor,, P. prcve� CITY CLERK r A 1he ` gal �epadment By �_ 3 cirz- - r i urronnirrcn nv 1- DORM "�MIC Rd/L AB CEDAR RAPIDS • DES MDINES I i _�o lM- i J:� It was moved by Balmer , and seconded by Lynch 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 xxxxxxxxxxxxxx Vote for passage: Second consideration xxxxxxxxxxxxx Vote for passage: Date published 3/05/82 Moved by Balmer, seconded by Lynch, 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: Lynch, McDonald, Perret, Balmer, Dickson, Erdahl. Nays: None. Absent: Neuhauser. s�9 OifDnritYCD DV _ ..� "'JOR M""MICRbL'AB-' CEDAR RARIDS DES M01 YES I lid _ . " d_ _._ .-.. ._ " !✓� r, WILL J. HAYEK JOHN W. HAYEK C.PETER HAYEK C.JOSEPH HOLLAND HAYEK, HAYEK, HAYEK a HOLLAND ATTORNEYS AT LAW 110 EAST WASHINGTON STREET IOWA CITY. IOWA 52240.5979 March 2, 1982 Mayor and City Council City of Iowa City Civic Center Iowa City, Iowa 52240 AREA CODE 919 337.9606 Re: Ralston Creek Apartments Ltd. --Alley Vacation Dear Mayor and Council Members: Prior to the March 2, 1982, Council meeting members of the City staff advised me that Mayor Neuhauser and Councilman Balmer would not be present at the meeting due to the weather's interference with their travel plans. As you know, the ordinance vacating an ancient alley through the Ralston Creek Village site is pending before the Council. At the time the industrial revenue bonds were sold, Hawkeye Bancorporation froze the proceeds from the sale pending vacation of the alley. This was done to insure the security of the real estate mortgage. We had hoped to complete the vacation, and pass the resolution authorizing execution of a quit claim deed, at the March 2nd meeting. Without seven Council members present, this is impossible. The affirmative vote of six Council members is required to waive the three readings of the ordinance. Ralston Creek Apartments Ltd. needs to have the revenue bond sale proceeds available as soon as possible to expeditiously carry on the construction. I understand that the Council has scheduled a special meeting for March 8, 1982. I would respectfully ask that the Council consider placing the ordinance and resolution relating to the alley vacation on the agenda for that meeting. CJH:vb Very truly C. os h Holland 1 u,rnnr. n. I-JOFI'm _?VIIIC RCA B` CEDAR RAPIDS DES MDIN[S 3 �8 STAFF REPORT To: Planning & Zoning Commission Prepared by: Bruce Knight Item: V-8201. 400 Block South Gilbert St. Date: February 18, 1982 GENERAL INFORMATION Applicant: Requested action: Purpose: Location: Size: Applicable regulations: SPECIAL INFORMATION Public utilities: Transportation: ANALYSIS Ralston Creek Apartments, Ltd. 414 East Market Street Iowa City, IA 52240 Vacation of an alley platted in Lyman Cook's Subdivision of Outlot 25 and Berryhill & Pierce Addition. To develop a multi -family housing complex. East of South Gilbert Street, South of Burlington Street; and North and West of Ralston Creek. 9,500 square feet (20 foot ROW width X approximately 475 ft. length) Chapter 364 of the State Code of Iowa. A sanitary sewer line intersects the northern portion of the remaining alley ROW. The alley ROW is not needed to provide access to any property, and is currently landlocked by vacated ROW to the north and Ralston Creek to the south. The applicant is requesting the vacation of a 20 foot wide alley which was Platted as part of Lyman Cook's Subdivision of Outlot 25 and Berryhill & Pierce Addition in the late 1800's. Although it was platted, there is no evidence that this right-of-way ever served as a means of access to the surrounding property. The northern 230 feet of the alley was vacated in 1966, and because the alley intersects with Ralston Creek to the south, the right-of-way is effectively landlocked. The applicant is requesting the vacation in order to clear up title questions on the land. These questions must be resolved prior to sale of the industrial revenue bonds which are being used to finance the Ralston Creek i JORM."MICRf LAO - ' CEDAR RAN DS • DES MD18ES 34(8 ti 2 I Village project. The application requests that upon vacation, the alley be conveyed to Ralston Creek Apartments, Ltd. Staff has no objections to vacating the existing alley right-of-way and its conveyance, excluding those portions of the right-of-way located outside of the Ralston Creek Village LSRD boundaries. Currently, two sanitary sewer lines run diagonally through the applicant's property, intersecting at a point with the alley. Both sewer lines will be abandoned upon completion of a project which will relocate the sewer lines around the request area. This project has been bid, and is scheduled for completion by the end of April, 1982. As part of the j project, a manhole will be constructed in that portion of the alley located to 11 the rear of the lot used to store City water pipe. (Lot 4 of Lyman Cook's Subdivision.) Since Lot 4 is owned by the City of Iowa City, access to the manhole could be provided either by the City's retaining ownership of this segment of the alley, or by conveying it to the applicant with an easement reserved to provide access. Staff would recommend that the City retain ownership for future use in conjunction with Lot 4. STAFF RECOMMENDATION Staff recommends that the vacation be approved for that right-of-way located south of Lot 4, Lyman Cook's Subdivision to Outlot 25. ATTACHMENTS 1. Location map. 2. Letter from applicant. 3. Plat of request area. Approved by: Donald Sc meiser, Director Departmen of Planning and Program D velopment I uvonnlurn av 1" -'-JOR M"MICR+C'AB- I CEDAR RAPIDS DES MOINES I 3 S<� [F r, Loc.b,TloN N -5,zo "llonrilurn py JORM MICR6LAO' CEDAR RAPIDS - DES MOINES 3le? Ja HAYEK, HAYEK, HAYEK a HOLLAND WILL J. NAYLK ATTORNEYS AT LAW JOHN W.HAYLK AREA COOL ]IL 1IO [ACI CITY. WA 82240-3976 2N 0. 976XET 337.8604 C. LLTLA HAYEK IOWA CITY, tO WA p22A O•p OTp C. JOSEPH NOLLANO January 26, 1982 -I . I Mr. Doug Boothroy Department of Planning and Program Development City of Iowa City 410 East Washington Street Iowa City, Iowa 52240 Re: Ralston Creek village Dear Doug:. I As you suggested in our telephone conversation of January 25th, I am writing to explain some of the details in connection with an application which I filed to vacate an alley at the Ralston Creek Village site. The abstract to on b Terry Monson property yssent t MonsonoftheAhlerslawefirm. The oAhlersllaw 1£irmy is acting•as bond counsel to the City and to Ralston Creek Apartments Ltd. in connection with this project. Mr. Monson has noted that the abstract shows an alley Platted in Lyman -Cook's Subdivision of Outlot 25 and Berry - hill and Pierce Addition. The prospective Purchaser industrial development bonds intends to havetheabondsf the secured by a first mortgage on the real estate. The lack of evidence showing, that this alley has been vacated causes concern to the attorney doing the title opinion for the bond purchaser. + We Possible. Thetrying close proceedsfrom the hbonds dare sneeded ltoacon- struct the apartment complex and without those bond pro- ceeds construction will be delayed. August 1st has been projected as a closing date and delay in sale o£ the bonds may push completion past that date in we are concerned about having the apartment units available for occupancy by the time the fall semester at the University of Iowa commences. F - / u,�nncn urn pv JORM.--MICR¢LAB' - -j I CEDAR RAVIDS • DES MOINES j 3'f l? 0 r, Mr. Doug Boothroy - 2 - January 26, 1982 This is why I have asked you to expedite the proceedings within the procedural frame work established by the City Code and the Code of Iowa. I hope that the public hearing on vacation of the alley and disposition could be held on the same date and that the three readings of the ordinance on vacation could be waived and the matter concluded in one proceeding. We are, of course, requesting that the vacated alley be disposed of by con- veyance to Ralston Creek Apartments Ltd. By way of background, in 1966 the City vacated the north 230 feet of the alley in Lyman Cook's Subdivision. The alley which we seek to have vacated lies south of that vacated portion and north of Ralston Creek. If I can give you any further clarification r be of any assistance, please let me know. Very trulyYand .J C. Jos)ph CJB:vb u �ronniurn ov l.._.._.._. __ _ _1 i 1 JORM -MICR�CAB" CEDAR RAR105 • OES MOINES 3dlP iV `i FA (I IIl fit!. 3otf� 4 �Iof bITY ,utrRn * vii - urn ov- -JOR'M*', rjll'CIFI�/LAO— CEDAR RAPIDS •DES MOINES r