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HomeMy WebLinkAbout1979-07-24 Resolutions RESOLUTION NO. 79-334 RESOLUTION AUTHORIZING RE ASSIGNhM OF REAL ESTATE CONTRACT FOR PENTACRESr GARDEN APARImwT3 IYHEREAS, Resolution No. 77-450 authorized the sale of certain urban renewal property to Pentacrest Garden Apartments under date of November 22, 1977, and WHEREAS, a contract was entered into between the City of Iowa City, Iowa, and Pentacrest Garden Apartments for the sale of certain land under date of November 23, 1977, and by WHEREAS, on November 30, 1977, the City of Iowa City, Iowa, conveyed IYarranty Deed to Pentacrest Garden Apartments, a partnership, the real estate covered by said contract herein above and described as follows, to -wit: All that certain parcel or parcels of land located in the City of Iowa City, County of Johnson, State of Iowa, more particularly to -wit: described as follows, Lot 1, 2, 3 and 4 in Block 93, in Iowa City, Johnson County, Iowa, according to the recorded plat thereof; and all of Lot 5, all of Lot 6, Lot 7 except the north 50 feet of the east 25 feet of said lot, Lot 8 except for the east 25 feet of said Lot, in Block 101, and the Capitol Street right -of -sway from the south right- of-way line of Burlington Street to the north right- of-way line of Court Street, Iowa City, Johnson County, Iowa, according to the recorded plat thereof, subject to an easement over the following described area: Commencing at the northeast corner of Block 93 of the Original Town of Iowa City, Iowa; thence easterly along the south right-of-way line extended of Burlington Street, 15.36 feet to the point of beginning; thence southerly 320.00 feet from said right-of-way line along a line parallel to the east line of Block 93; thence westerly 3.50 feet along a line parallel to the north right-of-way line of Court Street; thence southerly 60.00 feet along a line parallel to the east line of I Block 93 to the north right-of-way line extended of Court Street; thence easterly 68.00 feet along said right-of-way line extended; thence northerly 5.00 feet along a line parallel to the east line of Block 93; thence westerly 22.00 feet along a line parallel to the north right-of-way line of Court Street ex- tended; thence northerly 375.00 feet along a line parallel to the east line of Block 93 to the south right-of-way line extended of Burlington Street; thence westerly along the south right-of-way line of Burlington Street, 42.50 feet to the point of beginning. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MINES 110,7 i i s Resolution No. 79-334 Page 2 M ERREAS, under date of December 2, 1977, Pentacrest Garden Apartments, by James A. Clark and Loretta C. Clark, the partners therein, conveyed said property to Agent Corporation, and I 1YfHMM, on November 22, 1977, the City was notified of the request to transfer by Pentacrest Garden Apartments to Agent Corporation, pursuant to Section 503, Part II of the contract for sale of the land for private redevelopment, and WIIEREAS, on December 2, 1977, John Hayek, City Attorney, and Neal Berlin, City Manager, approved the transfer pursuant to authority granted to then by Council action on November 22, 1977, and WHEREAS, Agent Corporation now intends to transfer the said real estate hereinabove described back to Pentacrest Garden Apartments, a partnership consisting solely of James A. Clark and Loretta C. Clark, and WHEREAS, pursuant to Section 503, Part II referred to hereinabove, request is again made to the re -assignment of the real estate and re- development contract by Agent Corporation back to Pentacrest Garden Apart- ments so the real estate is owned by Pentacrest Garden Apartments and the contract is between Pentacrest Garden Apartments and the City of Iowa City, Iowa, the same as it was in the original instance on November 23, 1977. NOW, nIER FORE, BE IT RESOLVED BY THE CITY COUNCIL OF TIE CITY OF IO{VA CITY: 1. The City of Iowa City, Iowa, pursuant to Section 503, Part II of the contract for sale of land for private redevelopment originally entered into between Pentacrest Garden Apartments and the City of Iowa City, Iowa, now gives formal and unequivocal consent and approval to the transfer of real estate and re -assignment of the original contract between Pentacrest Garden Apartments and the City of Iowa City, Iowa, dated November 23, 1977, to the end that Pentacrest Garden Apartments, a partnership consisting solely of James A. Clark and Loretta C. Clark, now has complete ownership of the real estate covered thereunder, and full privity of the contract with the City. 2. The City of Iowa City, Iowa, further consents to the transfer of any interest of Agent Corporation in the subject real estate to Pentacrest Garden Apartments. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES r1 " Resolution No. 79-334 Page 3. 3. The City of Iowa City, Iowa, will promptly seek to enter into an agreement with Johnson County, Imva for the payment under protest of the real estate taxes in this matter. It was moved by Neuhauser and seconded by Balmer that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x DePiosse x Erdahl x Neuhauser x Perret x Roberts x Vevera Passed and approved this 24th day of July , 1979. Attest: Me,. /'Ls J City Clerk Mayor MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES