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HomeMy WebLinkAbout1980-02-05 Resolutiont d RESOLUTION NO. 80-35 i RESOLUTION APPROVING CLASS "B" BEER PERMIT APPLICATION BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class "B" Beer Permit Application is hereby approved for the following named person or persons at the following described location: Jose M. Elizondo dba E1 Fronterizo Restaurant, 1200 S. Gilbert Said approval shall be subject to any conditions or re- strictions hereafter imposed by ordinance or State law. The Cityy Clerk shall cause a recommendation for approval to be endorsed upon the application and forward the same together with the license fee, certificate of financial responsibility, surety bond and all other information or documents required to the Iowa Beer and Liquor Control Department. It was moved by Neuhauser and seconded by that the Resolution a-9--r—ea-3-Fe—adopted, and upon ro ca1T there were: AYES: NAYS: ABSENT: Balmer x Lynch x Erdahl x Neuhauser x Perret x Roberts x Vevera x Passed and approved this 5th day of February 19 80 ayor Attest: City Clerk MICROFILMED BY JORM MICR+LA6 CEDAR RAPIDS • DES MOINES a 37 ; t I I I f I RESOLUTION NO. 80-36 RESOLUTION OF APPROVAL OF CLASS B SUNDAY PERMIT APPLICATION BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class B Sunday Permit application is hereby approved for the following named person or persons at the following described location: Jose M. Elizondo dba E1 Fronterizo Restaurant, 1200 S. Gilbert Said approval shall be subject to any conditions or restrictions hereafter imposed by ordinance of state law. The City Clerk shall cause a recommendation for approval to be endorsed upon the application and forward the same together with the license fee, bond, and all other information or docu- ments required to the Iowa Beer and Liquor Control Department. It was moved by Neuhauser and seconded by Vev a� that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: Balmer x Lynch x Erdahl Neuhauser x Perret Roberts x Vevera x ABSENT: x x Passed and approved this 5th day of February , 19 80 4or � Attest:v/c7*-e City Clerk 1/1 MICROFILMED BY JORM MIC R+LAB CEDAR RAPIDS • DES MOINES ash RESOLUTION NO. 80-37 RESOLUTION APPROVING CLASS C LIQUOR CONTROL LICENSE APPLTCMT A i BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class C Liquor Control License application is hereby approv— ed -Tor the following named person or persons at the following described location: F a Crow's Nest, Inc. dba The Crow's Nest, 328 E. Washington Said approval shall be subject to any conditions or re- strictions hereafter imposed by ordinance or State law. 'The City Clerk shall cause a recommendation for approval to he endorsed upon the application and forward the same together with the license fee, certificate of financial responsibility, surety bond, sketch of the premises and all other information or documents required to the Iowa Beer and Liquor Control Department. It was moved by Neuhauser and seconded by Vevera that the Resolution as rube adopted, and upon roTT ca there were: AYES: NAYS: ABSENT: Balmer x Lynch x Erdahl x Neuhauser x =Perret x Roberts x Vevera x Passed and approved this 5th day of February lg 80 —� Mayor 1 Attest: �2c. �J City Clerk MICROFILMED BY JORM MICR+LAEi CEDAR RAPIDS - DES MOINES C RESOLUTION NO. 80-38 RESOLUTION TO ISSUE DANCING PERMIT BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Dancing Permit as provided by law is hereby granted to the following named person and at the following described locations upon his filing an application, having endorsed thereon the certificates of the proper city officials as to having complied with all regulations and ordinances, and having a valid Class "B" Beer Permit or liquor control license, to wit; Crow's Nest, Inc. dba The Crow's Nest, 328 E. Washington It was moved by Neuhauser and seconded by Vevera that the Resolution as read e adopted, and upon rol c2 alT—tTiere were: Vevera x Passed and approved this 5th day of February , 19 80 a r Attest City Clerk MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES AYES: NAYS: ABSENT: Balmer x Lynch x Erdahl 1. x Neuhauser x Perret x Roberts x Vevera x Passed and approved this 5th day of February , 19 80 a r Attest City Clerk MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES r I 1. i RESOLUTION NO. 80-38B / RESOLUTION SETTING PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM j OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF CENTRAL BUSINESS DISTRICT STREETSCAPE IMPROVEMENT i P ASE II -B DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECT- 'J ING CITY ENGINEER TO PLACE SAID PLANS, ETC., ON FILE FOR PUBLIC INSPECTION. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That a public hearing on the plans, specifications, form of contract, and estimate of Cost for the construction of the above-named project is to be held on the 19thday of February Chambers, Civic Center, Iowa City, Iowa9-�� at -7'30 P. M. in the Council 2. That the City Clerk is hereby authorized and directed to publish notice of the public hearing 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 said hearing. 3. That the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project are hereby ordered placed on file by the City Engineer in the office of the City Clerk for public inspection. It was moved by Neuhauser and seconded by _ VeVera that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: t BALMER X ERDAHL t LYNCH X NEUHAUSER X PERRET X ROBERTS X VEVERA Passed and approved this 5th day of February 19 80 i p / /� Mayor ATTEST: MMM City Clerk Recsivecf & ppvovecl By The te5,1 1 Department a 70 MICROFILMED BY JORM MIC R�LA 3 CEDAR RAPIDS • DES MOINES RESOLUTION NO. 80-39 A RESOLUTION REGARDING THE ISSUANCE OF NOT TO EXCEED $2,000,000 IN AGGREGATE PRINCIPAL AMOUNT OF INDUSTRIAL DEVELOPMENT REVENUE BONDS (E. B. & A. C. WHITING COMPANY PROJECT) OF THE CITY OF IOWA CITY, IOWA DIRECTING PUBLICATION OF NOTICE OF INTENTION TO ISSUE, AND CALLING A PUBLIC HEARING ON THE PROPOSAL TO ISSUE SAID. BONDS AND AUTHORIZING EXECUTION OF A MEMORANDUM OF AGREEMENT. WHEREAS, the City of Iowa City, Iowa (hereinafter referred to as the "City") is a municipal corporation organized and existing under the laws and the constitution of the State of Iowa, and is authorized and empowered by Chapter 419 of the Code of Iowa (hereinafter referred to as the "Act"), to issue Industrial Development Revenue Bonds and loan the proceeds from the sale of said Bonds to one or more parties to be used to defray all or a portion of the cost of acquiring, constructing, improving and equipping a "Project" as that term is defined in the Act, for the purpose of securing and developing industry and trade within or near the City in order to create jobs and employment opportunities and to improve the economic welfare of the residents of the City and of the State of Iowa; and WHEREAS, the City has been requested by E. B. & A. C. Whiting Company, a Vermont corporation duly qualified and authorized to do business in the State of Iowa (hereinafter f MICROFILMED BY JORM MICR+LAf3 F. CEDAR RAPIDS • DES MOINES referred to as the "Company"), to authorize and issue its Industrial Development Revenue Bonds pursuant to the provisions of the Act for the purpose of defraying all or a portion of the cost of acquisition, construction, improving and equipping of a facility for manufacturing and g i g processing I thermoplastic monofilaments (hereinafter referred to as the "Project"), which Project will be owned and operated by Company; and WHEREAS, said Project will create additional employment opportunities for residents of the City and the surrounding area; will enhance the tax base of the City and overlapping taxing jurisdictions and will provide and induce other public benefits flowing from the conducting of increased industrial operations which will add to the welfare and prosperity of the City and its inhabitants; and WHEREAS, the City has determined that the amount necessary to defray all or a portion of the cost of acquisition, construction, improving and equipping the Project, including necessary expenses incidental thereto, will require the issuance by the City of not to exceed $2,000,000 aggregate principal amount of its Industrial Development Revenue Bonds pursuant to the provisions of the Act, and it is proposed that the City loan said amount to Company under a -A- MICROFILMED BY r - JORM MICR+LAB CEDAR RAPIDS • DES MOINES 1 I i I 1 referred to as the "Company"), to authorize and issue its Industrial Development Revenue Bonds pursuant to the provisions of the Act for the purpose of defraying all or a portion of the cost of acquisition, construction, improving and equipping of a facility for manufacturing and g i g processing I thermoplastic monofilaments (hereinafter referred to as the "Project"), which Project will be owned and operated by Company; and WHEREAS, said Project will create additional employment opportunities for residents of the City and the surrounding area; will enhance the tax base of the City and overlapping taxing jurisdictions and will provide and induce other public benefits flowing from the conducting of increased industrial operations which will add to the welfare and prosperity of the City and its inhabitants; and WHEREAS, the City has determined that the amount necessary to defray all or a portion of the cost of acquisition, construction, improving and equipping the Project, including necessary expenses incidental thereto, will require the issuance by the City of not to exceed $2,000,000 aggregate principal amount of its Industrial Development Revenue Bonds pursuant to the provisions of the Act, and it is proposed that the City loan said amount to Company under a -A- MICROFILMED BY r - JORM MICR+LAB CEDAR RAPIDS • DES MOINES 1 Loan Agreement between the City and Company Pursuant to which loan payments will be made by the Company in amounts sufficient to pay the principal of an interest and premium, if I any, on said Bonds, as and when the same shall be due; and WHEREAS, the Bonds, if issued, shall be limited obligations of the City, and shall not constitute nor give rise to a pecuniary li bility of the City or a charge against its general credit or taxing powers, and the principal of and interest and premium, if any, on the Bonds shall be payable solely out of the revenues derived from the Project to be ! financed by the Bonds; and IWHEREAS, regulations promulgated under Section 103(c) of the Internal Revenue Code of 1954, as amended, may require that the Issuer of such Revenue Bonds adopt a Bond Resolution with respect to such Revenue Bonds or take some other similar official action toward the issuance of such Revenue Bonds prior to the commencement of construction or acquisition of materials or equipment to be used in such industrial activities, and it is intended that this Resolution shall constitute "some other similar official action" toward the issuance of the Industrial Development Revenue Bonds within the meaning of said federal income tax regulations; and `r -s- I MICROFILMED BY JORM MIC Rf�LA8 . a CEDAR R.PIOS OES MOINES i i M WHEREAS, before the Bonds may be issued, it is necessary to conduct a public hearing on the proposal to issue the Bonds, all as required and provided by Section 419.9 of the Act. NOW, THEREFORE, Be It and It Is Hereby Resolved by the City Council of Iowa City, Iowa, as follows: Section 1. A public hearing shall be conducted on .ten• � b , 1980, at -11.3C:) o'clock �? M., before this City Council in the City Hall, Iowa City, Iowa, on the proposal to issue not to exceed $2,000,000 aggregate principal amount of the City's Industrial Development Revenue Bonds (E. B. 6 A. C. Whiting Company Project) pursuant to the provisions of the Act, for the purpose of defraying all or a portion of the cost of acquisition, construction, improving and equipping of a facility for manufacturing and processing thermoplastic monofilaments, the Project•, including necessary expenses incidental thereto, and all local residents who appear at said hearing shall be given an opportunity to express their views for or against the proposal to issue such MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES L; I 1 WHEREAS, before the Bonds may be issued, it is necessary to conduct a public hearing on the proposal to issue the Bonds, all as required and provided by Section 419.9 of the Act. NOW, THEREFORE, Be It and It Is Hereby Resolved by the City Council of Iowa City, Iowa, as follows: Section 1. A public hearing shall be conducted on .ten• � b , 1980, at -11.3C:) o'clock �? M., before this City Council in the City Hall, Iowa City, Iowa, on the proposal to issue not to exceed $2,000,000 aggregate principal amount of the City's Industrial Development Revenue Bonds (E. B. 6 A. C. Whiting Company Project) pursuant to the provisions of the Act, for the purpose of defraying all or a portion of the cost of acquisition, construction, improving and equipping of a facility for manufacturing and processing thermoplastic monofilaments, the Project•, including necessary expenses incidental thereto, and all local residents who appear at said hearing shall be given an opportunity to express their views for or against the proposal to issue such MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES L; Bonds; and at said hearing, or any adjournment thereof, this City Council shall adopt a resolution determining whether or not to proceed with the issuance of said Bonds. Section 2. The City Clerk of the City is hereby directed to publish one time, not less than fifteen (15) days prior to the date fixed for said hearing, in the Press -Citizen, a legal newspaper published and having a general circulation within the City, a Notice of Intention to issue said Bonds in substantially the following form: -7- MICROFILMED BY JORM MICR+LAO CEDAR RAPIDS • DES MOINES M NOTICE OF PUBLIC HEARING OF INTENTION TO ISSUE INDUSTRIAL DEVELOPMENT REVENUE BONDS (E. B. & A. C. WHITING COMPANY PROJECT) Notice is hereby given that a public hearing will be conducted before the City Council of Iowa City, Iowa, in the City Hall, Iowa City, Iowa, at 7;30 o'clock p .M., on February 26 1980, on the proposal to issue not to exceed $2,000,000 principal amount of the City's Industrial Development Revenue i Bonds (E. B. & A. C. Whiting Company Project) pursuant to the provisions of Chapter 419 of the Code of Iowa, for the purpose of defraying all or a portion of the cost of acquisition, construction, improving and equipping of a facility for manufacturing and processing thermoplastic monofilaments, an industrial development project within said City, suitable for use as a facility for manufacturing and processing thermoplastic monofilaments. The proposed facility will be owned by E, B. & A. C, Whiting Company, a Vermont corporation. - It is contemplated that a Loan Agreement will be entered into between the City and E. B. & A. C. Whiting 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 and interest and premium, if any, on such Bonds as the same shall fall due. Such Bonds, if issued, and the interest thereon will be payable solely out of the revenues derived from the 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 City 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. Ab ie Stolfus, C ty Clerk I i 1 MICROFILMED BY { JORM MICR+LA9 y CEDAR RAPIDS • DES MOINES f Section 3. All resolutions and orders or parts thereof, in conflict herewith are, to the extent of such conflict, hereby repealed, and this Resolution shall be in full force and effect immediately upon its adoption. 1 c It was moved by Roberts and seconded by Lynch that the Resolution, as read, be adopted, and upon roll call there were: AYES: X NAYS: ABSENT: Balmer Erdahl Lynch Neuhauser Perret Roberts Vevera Passed and approved this 5th day of Febraury OR ATTEST:. ( !c ken ,�L, CITY CLERK MICROFILMED BY JORM MICR+LA9 CEDAR RAPIDS • DES MOINES 1980. a! . i I i I i f Section 3. All resolutions and orders or parts thereof, in conflict herewith are, to the extent of such conflict, hereby repealed, and this Resolution shall be in full force and effect immediately upon its adoption. 1 c It was moved by Roberts and seconded by Lynch that the Resolution, as read, be adopted, and upon roll call there were: AYES: X NAYS: ABSENT: Balmer Erdahl Lynch Neuhauser Perret Roberts Vevera Passed and approved this 5th day of Febraury OR ATTEST:. ( !c ken ,�L, CITY CLERK MICROFILMED BY JORM MICR+LA9 CEDAR RAPIDS • DES MOINES 1980. i I i 2 RESOLUTION NO. 80-40 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST CONTRACT FOR THE ACQUISITION OF REAL PROPERTY FOR THE SOUTH GILBERT STREET IMPROVEMENT PROJECT WHEREAS, the City of Iowa City, hereinafter called the City, has entered into an agreement with the Iowa Department of Transportation, Highway Division, hereinafter called the State, for the implementation of a Federal Aid Urban System, FAUS, project known as Project No. M-4051(2)-8-52 (the State has established Policy 820.01 to effectively administer the FAUS program in Iowa); and, WHEREAS, in order to accomplish the goals and objectives of that FAUS project and in furtherance of the public welfare, the City deems it necessary and in the public interest to acquire the real property referred to below; and, WHEREAS, in order to acquire said real property, the City desires to enter into contracts for the purchase of the real property referred to below with the owners of said real property, P:O�, THEREFORE, "uE a'T RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the Mayor is hereby authorized to sign and the City Clerk to attest contracts for the purchase of the real property referred to below for the amount designated opposite each Parcel: Parcel No. Purchase Price 4 $189,991.00 It was moved by Roberts and seconded by Neuhauser that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: XBalmer X Erdahl X Lynch X Neuhauser X Perret X Roberts x Vevera Passed and approved this 5th day of /Feb. ,1980. fA R ATTEST: RECEIVED 6 dppROV0 CITY CLERK BY 22E DW, 30 �d i 7 0? MICROFILMED BY JORM MICR+LAB ''• CEDAR RAPIDS • DES MOINES i G1 CONTRACT FOR ACQUISITION OF RIGHT-OF-WAY Parcel No. 4 Project No. M-4051(2)--81-52 IDOT Agreement No. 78-S-083 Road: South Gilbert Street ,THIS AGREEMENT made and entered into this 5th day of FebruarY 1980, by and between Ronald Wade and Patricia N. Wade, husband and wife,' and Iowa Glass Depot, Inc., Seller, and the CITY OF IOWA CITY, Buyer. 1. In consideration of the agreements, covenants, and provisions herein contained, Seller hereby agrees to sell and furnish to Buyer a Warranty Deed, on form(s) furnished by Buyer, and Buyer agrees to purchase the real property situated in the City of Iowa City, County of Johnson, State of Iowa, and legally described as follows: Beginning at the S.E. corner of Lot 11, Sand Lake Addition to the City of Iowa City, Iowa; thence N 89022'49" W 101.34 feet; thence N 45037'11" E 10.36 feet; thence N 00°37111" E 5.17 feet; thence northerly 156.52 feet along a 1095.83 foot radius curve concave easterly and whose 156.39 foot chord bears N 04°42'42" E; thence S 89022149" E 82.86 feet; thence S 00°37111" W 168.49 feet to the point of beginning. Said tract contains 15,288 square feet more or less. The premises include all estates, rights, title and interests in the real property specified subject to all easements, whether temporary of, permanenL. Seller consents to the proposed establishment, realignment and/or any change of grade of South Gilbert Street and hereby accepts payment under this contract for any and all damages arising therefrom. The premises also include all rights, title, interest and leasehold in all advertising devices and the right to erect such devices as are located thereon. This sale is the result of threat of condemnation by Buyer. 2. This contract shall apply to and bind the legal successors in interest of the Seller and Seller agrees to pay all liens and . assessments against the premises, including all taxes assessed and payable at the time of delivery of the conveyance and agrees to warrant good and sufficient title. If title to this property becomes an asset of any estate, trust, conservatorship or guardianship, Seller agrees to obtain court approval of this contract if deemed necessary by the Buyer's attorney. Names and addresses of lienholders are: First National Bank, Iowa City, Iowa 3, Seller agrees to furnish and deliver to Buyer at the Civic Center, 410 East Washington Street, Iowa City, Iowa 52240, an abstract of title continued to date hereof showing merchantable i title to the premises in Seller and agrees to make all necessary abstract corrections and Buyer agrees to pay the cost of continuing the same. In addition to the Lump Sum, Buyer agrees to pay costs necessary and incident to transferring the premises to the Buyer, i.e. abstracting, mortgage prepayment penalties, mortgage release payments, documentary stamps, recording fees and similar fees and costs, but not attorney fees. Claims for such payments shall be made on forms furnished i by Buyer and paid in an amount supported by paid receipts or signed bills. Reimbursement for expenses incidental to the transfer of legal title shall be made by Buyer at closing conference. 4. Seller warrants that there are no tenants on the premises holding under lease except: I Seller warrants that there are no tenants on the premises holding without lease except: Robert Gibson, d/b/a Bob's Service Center; Kevin Kilfov, d/b/a Kilroy Can Collection ervice Buyer shall take the premises subject to the rights of the tenant. Subject to the payment of the Lump Sum, Seller does hereby assign his rights under the terms of said lease to so much of the leased premises as is the subject of this contract. ICEDAR RAPIDS • DES MOINES I 1 2 5. By signing this contract Seller does not jeopardize his right to relocation assistance benefits for which he may be eligible under law. 4 6. Possession of the premises is the essence of this contract and Buyer may take immediate possesion of the premises per the terms of this contract for purposes set forth herein. Seller may at —' his option surrender possession of the premises, or building, or improvement, or any part thereof located thereon prior to the time at which he has hereinafter agreed to do so. Seller agrees to give Buyer ten (10) days notice of Seller's intention to vacate the premises to Buyer at the Civic Center, 410 East Washington Street, Iowa City, Iowa 52240. Upon Seller's vacation of the premises, Buyer may enter and may assume full possesion, use and enjoyment of same. 1 7. Buyer agrees to pay and Seller agrees to grant the right of possession, to convey title and to surrender physical possession of the premises as shown on the Schedule listed below. +i Payment Amount Scheduled Performance Performance Date - f $ on right of possession $ on conveyance of title $ on surrender of possession L.L $189,991.00 on possession and on or before conveyance March 1, 1980 $189,991.00 TOTAL LUMP SUM Ronald Wade and Patricia N. Wade: $182,000.00 Iowa Glass Depot, Inc.: $7,991.00 Buyer and Seller hereby agree that the amounts described herein constitute just compensation to Seller for all property interests described herein. B. Claims for all lump sum payments are certain and due and payable on or before the date specified herein. Buyer may include mortgagees, lienholders, encumbrancers and taxing bodies as payees on warrants for contract payments. 9. If, and only if, the Seller, immediately preceding this sale, holds the title to the premises in joint tenancy, and such joint tenancy is not later destroyed by operation of law or by acts of the Seller, then the proceeds of this contract, and any continuing and/or recaptured rights of Seller in said real property, shall be and continue in Seller as joint tenants with rights of survivorship and not as tenants in common; and Buyer, in the event of the death of either of such joint tenants, agrees to pay any balance of the proceeds of this contract to the surviving Seller and to accept deeds solely from him. 10. It is agreed Buyer may enter on the premises, upon Seller signing the contract, if necessary for the purpose of obtaining field information. 11. Seller hereby grants to Buyer a temporary construction easement over the following described real property, to -wit: All of Lot 11 Sand Lake Addition to the City of Iowa City, i Iowa except the following described tract: r 3 Beginning at the S.E. corner of Lot 11 Sand Lake Addition to the City of Iowa City, Iowa; thence N 89°22'49" W 101.34 feet; thence N 45°37'11" E 10.36 feet; thence N 00°37'11" E 5.17 feet; thence northerly 156.52 feet along a 1095.83 i i' CEDAR RAPIDS DES MOINES I ki foot radius curve concave easterly and whose 156.39 foot chord bears N 04°42'42" E; thence S 89°22'49" E 82.86 feet; thence S 00°37'11" W 168.49 feet to the point of beginning. for the purposes of construction of street improvements on South Gilbert Street in the City of Iowa City, Iowa. This grant _ conveys to Buyer, and its agents, employees, and contractors employed by Buyer for the construction of said improvements, the right to enter and encroach upon the above described real property for the period of construction of said improvements. This grant includes, but is not limited to, the following purposes: excavation, removal of pavement, icxsxklac6iszaxp sxwonmc xia�abakbat sNxxak cdkauwaakas, installation of phyi UM)415 sidewalks, and driveways, and grading the street, sidewalks or driveways to street grade. This grant may also include storage of equipment or materials on the above described real property. It is expressly understood that Buyer, by accepting this grant of temporary construction easement, agrees to replace and repair any damage to said real property caused by said construc- tion and agrees to fine grade and reseed said real property. The said temporary construction easement shall become null and void upon completion of construction of street improvements on South Gilbert Street in the City of Iowa City, Iowa, said easement to extend no longer than one construction season during 1980. 12. This written contract constitutes the entire agreement between the parties and it is understood that there is no agreement to do or not to do any act or deed except as specifically provided for herein. The entire contract consists of 4 pages. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands_ and seals the date first above written. SELLER: ` jL iGGLn/ L IGC ,t. \ Roi ld Wade Patricia N. Wade SELLER'S ACKNOWLEDGMENT STATE OF IOWA ) ) SS COUNTY OF JOHNSON., ) On thise510 day of a Notary Pu�b]1,.V� to an f'oJ /the appeared yl.= 7U l -e 1980, before me, the undersigned, Ioya), Pjounty pf J2nsop,vpersonally ton known to be the identical persons named in and who executed the foregoing instrument and acknowledged that they executed the same as their voluntary act and deed. N tary Public in and for the State of Iowa My Commission expires SELLER: 512 IOWA GLASS DEPOT, INC. BY: TITLES tri JORM MICR+LA9 CEDU RAPIDS • DES MOINES i ki foot radius curve concave easterly and whose 156.39 foot chord bears N 04°42'42" E; thence S 89°22'49" E 82.86 feet; thence S 00°37'11" W 168.49 feet to the point of beginning. for the purposes of construction of street improvements on South Gilbert Street in the City of Iowa City, Iowa. This grant _ conveys to Buyer, and its agents, employees, and contractors employed by Buyer for the construction of said improvements, the right to enter and encroach upon the above described real property for the period of construction of said improvements. This grant includes, but is not limited to, the following purposes: excavation, removal of pavement, icxsxklac6iszaxp sxwonmc xia�abakbat sNxxak cdkauwaakas, installation of phyi UM)415 sidewalks, and driveways, and grading the street, sidewalks or driveways to street grade. This grant may also include storage of equipment or materials on the above described real property. It is expressly understood that Buyer, by accepting this grant of temporary construction easement, agrees to replace and repair any damage to said real property caused by said construc- tion and agrees to fine grade and reseed said real property. The said temporary construction easement shall become null and void upon completion of construction of street improvements on South Gilbert Street in the City of Iowa City, Iowa, said easement to extend no longer than one construction season during 1980. 12. This written contract constitutes the entire agreement between the parties and it is understood that there is no agreement to do or not to do any act or deed except as specifically provided for herein. The entire contract consists of 4 pages. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands_ and seals the date first above written. SELLER: ` jL iGGLn/ L IGC ,t. \ Roi ld Wade Patricia N. Wade SELLER'S ACKNOWLEDGMENT STATE OF IOWA ) ) SS COUNTY OF JOHNSON., ) On thise510 day of a Notary Pu�b]1,.V� to an f'oJ /the appeared yl.= 7U l -e 1980, before me, the undersigned, Ioya), Pjounty pf J2nsop,vpersonally ton known to be the identical persons named in and who executed the foregoing instrument and acknowledged that they executed the same as their voluntary act and deed. N tary Public in and for the State of Iowa My Commission expires SELLER: 512 IOWA GLASS DEPOT, INC. BY: TITLES tri JORM MICR+LA9 CEDU RAPIDS • DES MOINES 1 N i; r� 4 SELLER'S ACKNOWLEDGMENT STATE OF IOWA ) COUNTY OF JOHNSON SS I' , a notary public in and for said county, the State e Iowa, do hereby certify that to me personally b y known to be of n. ndalso persown' to We—to be �the on whose name is subscribed atoothe aforegoing ninstrument, appeared before me this day in person and acknowledged that as such he signed, sealed and delivered the said instrument as the free and voluntary act of said corporation, for the uses and purposes therein set forth, and that he was duly authorized to execute the same by the board of directors of said corporation. Given under my hand and notarial seal this day of , 1980. My Commission expires eNotary n notatowa CITY OF IOWA CITY V Zr BY - M YOR BUYER: ATTEST: -Q CITY CLERK BUYER'S ACKNOWLEDGMENT STATE OF IOWA ) SS COUNTY OF JOHNSON ) ]) On this day of � `.•:%• `'ice_ 1980, before me, the under- signed, a Notary Public in and for the State of Iowa, County of Johnson, personally appeared Robert A. Vevera and Abbie Stolfus, to me personally known, who by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the said municipal corporation, executing the within and foregoing instrument; that said instrument was signed and sealed on behalf of said municipal corporation by the authority of its City Council; that the said Mayor and City Clerk as such officers acknow- ledged the execution of said instrument to be the voluntary act and deed of said municipal corporation, by it and by them voluntarily executed. otary Pub is to and for the tate of Iowa 14y Commission expires _.l(/� &'o /j,f.2. r D u f � .. DORM MICR�LAB - .. +. CEDAR RAPI05 • DES MOINES e ,I r� 4 SELLER'S ACKNOWLEDGMENT STATE OF IOWA ) COUNTY OF JOHNSON SS I' , a notary public in and for said county, the State e Iowa, do hereby certify that to me personally b y known to be of n. ndalso persown' to We—to be �the on whose name is subscribed atoothe aforegoing ninstrument, appeared before me this day in person and acknowledged that as such he signed, sealed and delivered the said instrument as the free and voluntary act of said corporation, for the uses and purposes therein set forth, and that he was duly authorized to execute the same by the board of directors of said corporation. Given under my hand and notarial seal this day of , 1980. My Commission expires eNotary n notatowa CITY OF IOWA CITY V Zr BY - M YOR BUYER: ATTEST: -Q CITY CLERK BUYER'S ACKNOWLEDGMENT STATE OF IOWA ) SS COUNTY OF JOHNSON ) ]) On this day of � `.•:%• `'ice_ 1980, before me, the under- signed, a Notary Public in and for the State of Iowa, County of Johnson, personally appeared Robert A. Vevera and Abbie Stolfus, to me personally known, who by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the said municipal corporation, executing the within and foregoing instrument; that said instrument was signed and sealed on behalf of said municipal corporation by the authority of its City Council; that the said Mayor and City Clerk as such officers acknow- ledged the execution of said instrument to be the voluntary act and deed of said municipal corporation, by it and by them voluntarily executed. otary Pub is to and for the tate of Iowa 14y Commission expires _.l(/� &'o /j,f.2. r D u f � .. DORM MICR�LAB - .. +. CEDAR RAPI05 • DES MOINES e