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HomeMy WebLinkAbout2008-12-16 Resolution~~ 4c 6 Prepared by: Marian K. Kan, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5043 RESOLUTION NO. 08-346 RESOLUTION TO ISSUE CIGARETTE PERMITS WHEREAS, the following firms and persons have made application and paid the mulct tax required by law for the sale of cigarettes, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, THAT: the applications be granted and the City Clerk is hereby directed to issue a permit to the following named persons and firms to sell cigarettes: Kamodo Klub - 509 S. Gilbert Street Passed and approved this 16th day of ember , 20 08 Approve by ATTEST: ~ ~ ~~~2.~1 ru2~~/~'~> CI CLERK ity Attorney's Office ~a/x7~7 It was moved by Champion and seconded by xayek the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: ~ Bailey x Champion ~ Correia x Hayek x O'Donnell ~_ Wilburn x Wright `J 4d 1 Prepared by: Kumi Morris, Engineering Division, 410 E. Washington St., Iowa City, IA 52240, (319)356-5044 RESOLUTION NO. 08-347 RESOLUTION SETTING A PUBLIC HEARING ON JANUARY 6, 2009 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE CITY ATTORNEY AND COUNCIL OFFICE REMODELING PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: That a public hearing on the plans, specifications, form of contract, and estimate of cost for the construction of the above-mentioned project is to be held on the 6th day of January, 2009, at 7:00 p.m. in the Emma J. Harvat Hall, City Hall, Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. 2. That the City Clerk is hereby authorized and directed to publish notice of the public hearing for 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 copy of the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project is hereby ordered placed on file by the City Engineer in the office of the City Clerk for public inspection. Passed and approved this 16th day of December , 20 08 MA Approved ATTEST: ~a •~~~~~~~ CI LERI< a City Attorney's Office /z/y~~~-- pweng\res\CA&CoRemod a I. d oc 1 /09 Resolution No. 08-347 Page ~ It was moved by Champion and seconded by Hayek the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X x X-_ X x X Bailey Champion Correia Hayek O'Donnell Wilburn Wright wpdata/glossary/resolution-ic.doc ~e 4d(2 Prepared by: Eleanor Dilkes, City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 08-348 RESOLUTION SETTING A PUBLIC HEARING FOR JANUARY 6, 2009, TO CONSIDER A PROPOSAL TO APPROVE A PURCHASE AGREEMENT BETWEEN THE CITY OF IOWA CITY AND JOHNSON COUNTY FOR THREE PROPERTIES LOCATED AT 504 S. CAPITOL STREET, 7 E. HARRISON STREET AND 510 S. CAPITOL STREET AND TO DISPOSE OF SAID PROPERTIES IN ACCORDANCE THEREOF. WHEREAS, the City owns and controls the properties of 504 S. Capitol Street, 7 E. Harrison Street and 510 S. Capitol Street located in Lot 1, Block 7 of the County Seat Addition, Iowa City, Iowa; and WHEREAS, Johnson County desires to purchase said properties for a purchase price of $484,000.00; and WHEREAS, City staff has negotiated a purchase agreement with Johnson County which is attached hereto and requires City Council approval. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The City Council does hereby declare its intent to approve the attached purchase agreement between the City of Iowa City and Johnson County for 504 S. Capitol Street, 7 E. Harrison Street and 510 S. Capitol Street and to dispose of said properties in accordance with that agreement. 2. A public hearing on said proposed purchase agreement should be and is hereby set for January 6, 2009 at 7:00 p.m. in the Emma J. Harvat Hall at City Hall, 410 E. Washington St., Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. The City Clerk is hereby directed to cause Notice of Public Hearing to be published as provided by law. Passed and approved this 16th day of December , 20~~ ATTEST: CITY RK r MAY Appr ved by /~~~ ~ City Attorney's Office Annie/ord&res\resofintenttoapprove (NSS properties).doc Resolution No. 08-348 Page 2 It was moved by Champion and seconded by Hayek the Resolution be adopted, and upon roll call there were: AYES: x x x X ~- X NAYS: ABSENT: Bailey Champion Correia Hayek O'Donnell Wilburn Wright wpdata/glossary/resolution-ic. doc Prepared by Andrew B. Chappell, Assistant County Attorney, P.O. Box 2450, Iowa City, IA 52240 PURCHASE AGREEMENT/OFFER TO BUY REAL ESTATE AND ACCEPTANCE Dated: To: City of Iowa City, Iowa, (hereinafter "City") 1. The undersigned Johnson County, Iowa, (hereinafter "County") hereby offers to buy the real estate located in Iowa City, Iowa, described as follows: See Exhibit "A" attached with any easements and appurtenant servient estates, but subject to zoning and other ordinances, covenants of record, and easements of record. ~Op~ 2. The total purchase price for the three properties shall be $484,000.00, representing $180,000.00 for 504 S. Capitol Street, $124,000.00 for 510 S. Capitol Street, and $180,000.00 for 7 E. Harrison Street, payable in full at closing. 3. This offer is not contingent on County securing financing. 4. County, upon timely performance of its obligation, is entitled to possession of the real estate on the date of closing, which date shall be after execution of this Agreement and at a date and time mutually agreed-upon by the parties. 5. City will pay any real estate taxes for the tax year beginning July 1, 2007, and a portion of any real estate taxes for the tax year beginning July 1, 2008, prorated to the date of possession. Additionally, City shall pay all special assessments which are a lien on the real estate as of the date of possession and closing. 6. All property that integrally belongs to or is part of the real estate, whether attached or detached, shall be considered a part of the real estate and included in the sale. 7. The real estate and all fixtures thereon shall be preserved in their present condition and shall be delivered intact at the time possession is delivered to County. County is entitled to a final inspection immediately prior to the day of real estate closing/date possession is given to ascertain that the real estate has been preserved and is being delivered intact. City is required to disclose any known latent defects on or before accepting this offer. This offer is subject to County's acceptance of the same. 8. Risk of loss prior to City's delivery of possession of the real estate shall remain with City. 9. County acknowledges that the properties that are the subject of this agreement make up a portion of the Iowa City Near Southside Development Area. As such, County will make a good faith effort to ensure the design of any new building or buildings on the subject properties is generally consistent with and/or complementary to the Iowa City Near Southside Design Plan. City will make a good faith effort to ensure the use and design of other properties in the Iowa City Near Southside Development Area also are consistent with the Iowa City Near Southside Design Plan and will make a good faith effort to implement and fund applicable portions of the Iowa City Near Southside Design Plan as described in the Implementation Strategy, with the understanding that the parking ramp locations and landscape details and materials may vary from the illustrations of the Near Southside Design Plan.. 9A. City shall have a right of first refusal to purchase the real estate upon the following terms: a. Upon receipt of a bona fide third-party offer for the purchase of any or all of the properties subject to this agreement, County shall provide a copy of said third-party offer to the City. This step shall be deemed perfected by notice as required in this agreement. b. Within 30 days thereafter, the City must in writing exercise a notice to the County, perfected in the same manner, indicating that the City .exercises its rights hereunder to purchase said real estate on precisely the same terms and conditions as the third-party offer. c. In the event said notice of exercise of right of first refusal is not perfected, the same shall expire; provided, however, that if said third-party offer does not result in a consummation of said sale, this right of first refusal shall continue. d. In any event, sale of the real estate to either the third party or the City shall be subject to County following the public hearing process as required by Iowa law. e. The terms of this paragraph shall survive the closing of this transaction and maintain full force and effect following the transfer of the real estate. 10. City is required, at its expense, to promptly obtain an abstract of title continued to within thirty (30) days of possession, date of closing and to deliver marketable title pursuant to Iowa Law and the Title Standards of the Iowa State Bar Association. If, at the time of closing, there remain unresolved title objections which can reasonably be expected to be able to be satisfactorily cured, the parties agree to escrow from the sale proceeds sufficient money to protect the County's interest until said objections are corrected. Upon payment in full of the purchase price, the abstract shall become the property of the County. City shall pay the costs of any additional abstracting required to evidence City's marketable title. ~C 2 11. Upon payment of the purchase price, City shall convey the real estate to County or their assignees by warranty deed, free and clear of all liens and restrictions and encumbrances. 12. Time is of the essence with this Agreement. Failure on the part of either party to promptly assert rights herein shall not, however, be a waiver of such rights or a waiver of any existing or subsequent default. This Agreement shall apply to and bind the successors in interest of the parties. This Agreement shall survive the closing. 13. Remedies of the parties: (a) If County fails to timely perform this contract, City may forfeit it as provided in the Iowa Code. (b) If City fails to timely perform this contract, County has the right to have all payments made returned to them or the right to specific performance of the contract. (c} County and City also are entitled to utilize any and all other remedies or actions at law or in equity available to them and shall be entitled to obtain judgment for costs and attorney fees as permitted by law. 14. Any notice under this Agreement shall be in writing and be deemed served when it is delivered by personal delivery or by certified mail return receipt requested, addressed to the City Manager at 410 E. Washington Street, Iowa City, on behalf of City and addressed to the Executive Assistant to the Board of Supervisors at 913 S. Dubuque Street, Iowa City. This offer is accepted on the day of JOHNSON COUNTY, IOWA By: Rod Sullivan, Chairperson Johnson County Board of Supervisors Attest: Tom Slockett, Auditor/Designee 2008. CITY OF IOWA CITY, IOWA By: Regenia D. Bailey, May Q City of Iowa City, Io Attest: Marian Karr, Ci rk/Designee Approved as to form: By: Johnson County Attorney Approved as to from: gy. ~~~( D~ Iowa City City Attorney STATE OF IOWA ) SS: COUNTY OF JOHNSON ) On this day of , 2008, before me, the undersigned, a Notary Public in and for said State, personally appeared Rod Sullivan, Chairperson of the Johnson County Board of Supervisors and , to me known to be the identical persons named in and who executed the foregoing instrument and acknowledged that they executed the same as their voluntary acts and deeds on behalf of and after appropriate legal action was taken by Johnson County, Iowa. Notary Public in and for said State and County STATE OF IOWA ) " ~ , ,,.,a, ,~r,,,~ r. SS: __. COUNTY OF JOHNSON ) ~~ <.; On this day of , 2008, before me, the undersigned, a Notary Public in and for said State, personally appeared Regenia D. Bailey, Mayor of the City of Iowa City, Iowa and Marian Karr, Iowa City City Clerk, to me known to be the identical persons named in and who executed the foregoing instrument and acknowledged that they executed the same as their voluntary acts and deeds on behalf of and after appropriate legal action was taken by the City of Iowa City, Iowa. Notary Public in and for said State and County 4 EXHIBIT "A" LEGAL DESCRIPTIONS Legal for 504 South Capitol Street: Beginning at the northwest corner of Lot 1 in Block 7, in that part of Iowa City, Iowa, known as the County Seat of Johnson County, according to the recorded plat thereof, thence south 50 feet, thence east 40 feet, thence north 50 feet, thence west 40 feet to the place of beginning. Legal for 510 South Capitol Street: Commencing at a point 50 feet South of the Northwest corner of Lot 1 in Block 7, in that part of Iowa City, Iowa, laid out by the commissioners of Johnson County, as the County Seat of Johnson County, Iowa, according to the recorded plat thereof, said point being on the West line of said Lot 1, running thence South 50 feet, thence East 40 feet, thence North 50 feet, thence West 40 feet to the place of beginning; also the right to use, with others, a private alley described as follows: A strip of land 10 feet wide off the South end of the North 110 feet of said Lot 1. Legal for 7 East Harrison Street: Beginning at the northeast corner of Lot 1 in Block 7 in County Seat Addition to Iowa City, Iowa, according to the recorded plat thereof, thence south 100 feet, thence west 40 feet, thence north 100 feet, thence east 40 feet to the point of beginning, excepting the south 10 feet of the east 10 feet thereof. Subject to easements and restrictions of record.. ~~1 /~ ., / iL-1 ti-Utf M-~ 4e 1 Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 RESOLUTION NO. 08-349 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIENS REGARDING THREE MORTGAGES FOR THE PROPERTY LOCATED AT 1204 BROOKWOOD DRIVE, IOWA CITY, IOWA. WHEREAS, on August 23, 2001, the owner executed two Mortgages with the City of Iowa City to secure a loan; and WHEREAS, ON June 24, 2002, the owner executed another Mortgage with the City of Iowa City; and WHEREAS, the loans have been paid off; and WHEREAS, it is the City of Iowa City's responsibility to release these liens. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the Mayor is authorized to sign and the City Clerk to attest the attached Release of Liens for recordation, whereby the City does release the property located at 1204 Brookwood Drive, Iowa City, Iowa from two Mortgages recorded September 1, 2001, Book 3128, Page 649 through Page 653, and Book 3128, Page 654 through Page 660; and a Mortgage recorded June 26, 2002, Book 3323, Page 140 through Page 144 of the Johnson County Recorder's Office. Passed and approved this 16th day of December , 20 08 ATTEST 1 a ~ ~,o~- five Resolution No. Page 2 08-349 It was moved by Champion and seconded by ~~yek the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: ~_ Bailey x Champion x Correia ~_ Hayek ~_ O'Donnell ~_ Wilburn x Wright Prepared by and return: Liz Osborne, Housing Rehab Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 Legal Description of Property: see below Mortgagor(s): Mary Korrene Greenwald Mortgagee: City of Iowa City RELEASE OF LIENS The City of Iowa City does hereby release the property at 1204 Brookwood Drive, Iowa City, Iowa, and legally described as follows: Lot six (6) in Mark Twain South Addition to Iowa City, Iowa, according to the plat thereof recorded in Plat Book 6, page 70, Plat Records of Johnson County, Iowa. from an obligation of the owner, Mary Korrene Greenwald, to the City of Iowa City represented by two Mortgages recorded September 1, 2001, Book 3128, Page 649 through Page 653, and Book 3128, Page 654 through Page 660; and a Mortgage recorded June 26, 2002, Book 3323, Page 140 through Page 144 of the Johnson County Recorder's Office. This obligation has been repaid and the property is hereby released from any liens or clouds upon title to the above property by reason of said prior ATTEST: ,~ CITY RK STATE OF IOWA ) SS: JOHNSON COUNTY ) City Attorney's Office On this I1, day of D>=~EM6E~ , A.D. 20~, before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Regenia D. Bailey and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Cleric, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said corporation, and that the strument was signed and sealed on behalf of the corporation by authority of its City Council, as contained in Resolution No.o~ 3~~adopted by the City Council on the ~ day ~EtEAnRP_2 , 20~~_ and that the said Regenia D. Bailey and Marian K. Karr as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. ~ SDNDRAE FORT S °P ~~ Commission Number 159791 Notary Public in and for Johnson County, Iowa My Commission Expires ow o?a-s ~s~~~ la-~-oF~ ~~ 4e 2 Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 RESOLUTION NO. 0~-~50 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE PARTIAL RELEASE OF LIEN REGARDING A MORTGAGE FOR THE PROPERTY LOCATED AT 2429 WHISPERING PRAIRIE AVENUE, IOWA CITY, IOWA. WHEREAS, on June 26, 2007, the owner executed a Mortgage with the City of Iowa City to secure a loan of HOME Investment Partnership Funds to purchase six (6) lots including 2429 Whispering Prairie Avenue; and WHEREAS, the owner sold 2429 Whispering Prairie Avenue and the new owner has signed a recapture agreement for the HOME funds; and WHEREAS, a Mortgage securing the recapture agreement has been executed with the new owner of the lot; and WHEREAS, it is the City of Iowa City's responsibility to release the mortgage on said lot. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the Mayor is authorized to sign and the City Clerk to attest the attached Partial Release of Lien for recordation, whereby the City does release the property located at 2429 Whispering Prairie Avenue, Iowa City, Iowa from a Mortgage recorded July 3, 2007, Book 4182, Page 853 through Page 857 of the Johnson County Recorder's Office. Passed and approved this 16th day of December , 20 08 a~~~ ATTEST Tice Resolution No. 08-350 Page 2 It was moved by Champion and seconded by Hayek the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey g Champion x Correia ~_ Hayek ~_ O'Donnell x Wilburn ~_ Wright Prepared by and return: Liz Osborne, Housing Rehab Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 Legal Description of Property: see below Mortgagor(s): Iowa Valley Habitat for Humanity Mortgagee: City of Iowa City PARTIAL RELEASE OF LIEN The City of Iowa City does hereby release the property at 2429 Whispering Prairie Avenue, Iowa City, Iowa, and legally described as follows: Lot 30, Whispering Meadows Subdivision, Part One to Iowa City, Iowa, according the plat thereof recorded in Book 31, Page 277, Plat Records of Johnson County, Iowa. from an obligation of the owner, Iowa Valley Habitat for Humanity, to the City of Iowa City represented by a Mortgage recorded July 3, 2007, Book 4182, Page 853 through Page 857 of the Johnson County Recorder's Office. This obligation has been repaid and the property is hereby released from any liens or clouds upon title to the above property by reason of said prior recorded document. ATTEST: 7C ~k.Q~y1/ CI tERK STATE OF IOWA ) SS: JOHNSON COUNTY ) On this ~~ day of Ua.CE1+~B~Q- , A.D. 20 v~ ,before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Regenia D. Bailey and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said corporation, and that the instrument was signed and sealed on behalf of the corporation by authority of its City Council, as contained in Resolution No.O~~~ adopted by the City Council on the ~- day ~ ~~ ~ ~ , 20~ and that the said Regenia D. Bailey and Marian K. Karr as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by ft and by them voluntarily executed. o is SONDRAE FORT ~~~ (-~ z ~ Commission Number 159791 t' My Co~miss~n 6cpires Notary Public in and for Johnson County, Iowa +w City Attorney's Office ~, 4e 3 Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 RESOLUTION NO. 08-351 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIENS REGARDING TWO MORTGAGES FOR THE PROPERTY LOCATED AT 2103-2105 TAYLOR DRIVE. IOWA CITY, IOWA. WHEREAS, on October 3, 2005, the owner executed two Mortgages with the City of Iowa City to secure a loan; and WHEREAS, the Mortgages have been paid off; and WHEREAS, it is the City of Iowa City's responsibility to release the mortgages. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the Mayor is authorized to sign and the City Clerk to attest the attached Release of Liens for recordation, whereby the City does release the property located at 2103-2105 Taylor Drive, Iowa City, Iowa from two Mortgages recorded October 7, 2005, Book 3949, Page 541 through Page 545, and Book 3949, Page 546 through Page 551, of the Johnson County Recorder's Office. Passed and approved this 16th day of December , 20 O8 M~1P R Appr ed by ATTEST: ~. `~~~~ ~ ~ ~ ~ -~ CI ERK City Attorney's Office It was moved by Champion and seconded by xavek the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: ~ Bailey ~_ Champion x Correia ~_ Hayek x O'Donnell ~_ Wilburn x Wright Prepared by and return: Liz Osborne, Housing Rehab Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 Legal Description of Property: see below Mortgagor(s): Layli Springer Mortgagee: City of Iowa City RELEASE OF LIENS The City of Iowa City does hereby release the property 2103-2105 Taylor Drive, Iowa City, Iowa, and legally described as follows: Lot one hundred forty-three (143) in Part Three Hollywood Manor Addition to Iowa City, Iowa, according to the plat thereof recorded in Plat Book 7, Page 6, Plat Records of Johnson County, Iowa. from an obligation of the owner, Layli Springer, to the City of Iowa City represented by two Mortgages recorded October 7, 2005, Book 3949, Page 541 through Page 545, and Book 3949, Page 546 through Page 551, of the Johnson County Recorder's Office. This obligation has been recaptured and the property is hereby released from any liens or clouds upon title to the above property by reason of said prior ree~rded document. ATTEST: / ~~Z~~ ~ • ~Q~ CIT ERK STATE OF IOWA ) SS: JOHNSON COUNTY ) lived by City Attorney's Office On this 1~ day of 4F~F~~1? , A.D. 20 0 ~ ,before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Regenia D. Bailey and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said corporation, and that the instrument was signed and sealed on behalf of the corporation by authority of its City Council, as contained in Resolution No.08-35! ,adopted by the City Council on the !!o day ~~M~t 2 20 0~ and that the said Regenia D. Bailey and Marian K. Karr as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. .1°'~ ~ SONDRAE FORT _ ~ Commission Number 159791 -Semr~-Q ~dy'~ . iow 3 y Commission Expires Notary Public in and for Johnson County, Iowa '~ 4e 4 Prepared by: Sara Greenwood Hektoen, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240, 356-5030 RESOLUTION NO. 08-352 RESOLUTION APPROVING THE ACCEPTANCE OF THE DEDICATION OF OUTLOT "A" OF DEAN OAKES SIXTH ADDITION, IOWA CITY, JOHNSON COUNTY, IOWA, AS PUBLIC OPEN SPACE. WHEREAS, in connection with the Dean Oakes Sixth Addition Subdivision, it was agreed that the owners and/or subdivider, Oakes Construction Company, Evelyn M. Oakes and Dean Oakes, would dedicate Outlot A within said subdivisions to the City; and WHEREAS, the owner is now willing and able to dedicate said parcel to the City; and WHEREAS, said parcel to be dedicated is described as Outlot A in the Dean Oakes Sixth Addition, Iowa City, Iowa, and have been made the subject of the Final Plat recorded at Book 44, Page 11, Plat Records of Johnson County, Iowa; and WHEREAS, City Code provides that the City formally accept the dedication- of land for open space by resolution; and WHEREAS, the Parks & Recreation Department and Public Works Department have inspected the property and determined it is suitable for dedication at this time, and the City Council finds acceptance of said dedication to be in the public interest. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. Acceptance of the above-referenced parcels for public open space, in a form of conveyance approved by the City Attorney's Office, is hereby approved and authorized. 2. Upon direction of the City Attorney, the Mayor is authorized to sign and the City Clerk to attest any and all documentation necessary to effectuate the acceptance of said dedication. Passed and approved this 16th day of D ember , 2008. c Appr ved b ATTEST: ~ ~ GtI~r~Z~' - j~~t/ CITY ERK ~~ Ci y Attorney's Office ~~ ~g, ~~ ~- Resolution No. 08-352 Page 2 It was moved by Champion and seconded by Hayek the Resolution be adopted, and upon roll call there were: AYES: x x x x x x x NAYS: ABSENT: Bailey Champion Correia Hayek O'Donnell Wilburn Wright wpdata/glossary/resolution-ic.doc (~ r f e ~ , Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington Street, Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 08-353 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AMENDMENT TO THE AGREEMENT WITH IOWA REALTY COMMERCIAL TO SELL AND/OR LEASE PROPERTY IN AVIATION COMMERCE PARK TO EXTEND THE TERM. WHEREAS, in Resolution No. 04-120, the City Council approved a listing agreement ("Listing Agreement") among the Airport Commission, the City Council, and NAI Iowa Realty Commercial to sell and lease the property known as the Aviation Commerce Park subdivision; WHEREAS, the Listing Agreement has previously been amended eight times including most recently in Resolution No. 08-5; WHEREAS, the Listing Agreement will expire on December 31, 2008; and WHEREAS, it is in the best interest of the City of Iowa City to amend to the Listing Agreement by extending the term to December 31, 2009. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT the Mayor is authorized to sign and the City Clerk to attest to the Ninth Amendment to Listing Agreement, a copy of which is attached. Passed and approved this 16th day of ATTEST: CI CLERK Approved by City Attorney's Office Resolution No. 08-353 Page 2 It was moved by Champion and seconded by Hayek the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey x Champion x Correia x Hayek x O'Donnell x Wilburn x Wright wpdatalglossa ry/resolution-ic. doc NINTH AMENDMENT TO LISTING AGREEMENT WHEREAS, on April 20, 2004, the Iowa City City Council, Iowa City Airport Commission, and NAI Iowa Realty Commercial entered into listing agreement ("Listing Agreement") to sell and lease the property known as the Aviation Commerce Park subdivision; WHEREAS, the parties have previously entered into eight amendments including an amendment that extends the term of the Listing Agreement to December 31, 2008; WHEREAS, the parties wish to extend the Listing Agreement to December 31, 2009; and WHEREAS, Paragraph 13 of the Listing Agreement provides that it may be amended by written agreement of the parties. IT IS THEREFORE AGREED that: Paragraph 5 of the Listing Agreement is deleted in its entirety and the following new Paragraph 5 is substituted in lieu thereof: 5. TERM. The term of this Agreement and Agent's employment, right and authority shall expire on December 31, 2009. All other terms of the Listing Agreement, as amended, shall remain in full force and effect. IOWA REALTY COMMERCIAL Randy Mi ~z1 GZ~ ~~ Date /.~ /2 G 8 Date THE IOWA CITY AIRPORT COMMISSION ~~ti~„~ Greg F is, Chairperson ~~ Date Attest: ,~ Janelle Rettig, Secretary Date NINTH AMENDMENT TO LISTING AGREEMENT WHEREAS, on April 20, 2004, the Iowa City City Council, Iowa City Airport Commission, and NAI Iowa Realty Commercial entered into listing agreement ("Listing Agreement") to sell and lease the prop rty known as the Aviation Commerce Park subdivision; WHEREAS, th parties have previously entered into eight am dments including an amendment that ends the term of the Listing Agreement to Decem r 31, 2008; WHEREAS, the parti wish to extend the Listing Agreement to D cember 31, 2009; and WHEREAS, Paragraph 3 of the Listing Agreement provides at it may be amended by written agreement of the parties. IT IS THEREFORE AGRE that: Paragraph 5 of the Listing Agr err 5 is substituted in lieu thereof: 5. TERM. The term ofd shall expire on Decer All other terms of the Listing Agreem NAI IOWA REALTY COMMERCIAL Peggy Slaughter Randy Miller is deleted in itsentirety and the following new Paragraph is Agreem~fit and Agent's employment, right and authority ber 31, 2 9. as,~mended, shall remain in full force and effect. Date THE IOWA CITY,QIRPORT COMMISSION Greg Faryi's, Chairperson Janelle Rettig, Secretary Date Date THE CITY OF IOWA CITY ~~~ ~ - ~> Mari K. Karr, City Clerk CITY STATE OF IOWA ) ss: JOHNSON COUNTY ) ~? R g a D. Bailey, Mayor ACKNOWLEDGMENT On this /ra day of DE~F~p 2008, before me, the undersigned, a notary public in and for the State of Iowa, personally appeared Regenia D. Bailey and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said municipal corporation; that said instrument was signed and sealed on behalf of said municipal corporation by authority of its City Council; and that the said Mayor and City Clerk as such officers acknowledged that the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. S~,c~. -~d-~b Notary Public in and for the State of Iowa Approved by City Attorney's Office ~eg~^~s SONDRAE FORT z° ~. Commission Number 159791 My Commission Expire& iow 3 ~ ~Oo 4e 5 Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington Street, Iowa City, I~ 52240 (319) 356-5030 RESOLUTION NO. RESOLUTION A THORIZING THE MAYOR TO GN AND THE CITY CLERK TO ATTE TAN AMENDMENT TO TH AGREEMENT WITH IOWA REALTY CO MERCIAL TO SELL AND/ R LEASE PROPERTY IN AVIATION COMM RCE PARK THAT WIL EXTEND THE TERM BY ONE YEAR. WHEREAS, in Resolution No. 0 -120, the Ci Council approved a listing agreement ("Listing Agreement") among the irport Co mission, the City Council, and NAI Iowa Realty Commercial to sell and leas the pro erty known as the Aviation Commerce Park subdivision; WHEREAS, the Listing Agreement I' most recently in Resolution No. 08-5; WHEREAS, the Listing Agreement~Gill usly been amended eight times including re on January 22, 2008; and WHEREAS, it is in the best in rest of t e City of Iowa City to amend to the Listing Agreement by extending the ter to Decem er 31, 2009. NOW, THEREFORE, BE IT RESOLVED B THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT e Mayor is autho 'zed to sign and the City Clerk to attest to the Eighth Amendment to isting Agreement, a opy of which is attached. Passed and approved~fhis day of ~ , 2008. MA ATTEST: CITN CLERK Ap City AttgSrney's Office Prepared by: Karen Howard, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5251 RESOLUTION NO. 08-354 A RESOLUTION FOR A VOLUNTARY ANNEXATION OF 179 ACRES OF PROPERTY LOCATED ADJACENT TO 420TH STREET, WEST OF TAFT AVENUE, AND FOR THE IOWA INTERSTATE RAILROAD RIGHT-OF-WAY BETWEEN INDUSTRIAL PARK ROAD AND TAFT AVENUE WHEREAS, the Trusts established under the will of Veronica Prybil are the owner and legal titleholder of approximately 179 acres of land located adjacent to 420"' Street, west of Taft Avenue; and WHEREAS, the Iowa Interstate Railroad, Ltd., is the owner and legal titleholder of the railroad right-of-way between Industrial Park Road and Taft Avenue; and WHEREAS, MidWestOne Bank, as Trustee for the Trusts, has requested annexation of the approximate 179 acre tract into the City of Iowa City, Iowa; and WHEREAS, the Iowa Interstate Railroad, Ltd., has requested annexation of the railroad right- of-way between Industrial Park Road and Taft Avenue into the City of Iowa City, Iowa; and WHEREAS, the aforementioned properties are within the Long Range Planning Boundary of the City of Iowa City; and WHEREAS, pursuant to Iowa Code 368.5 and 368.7(2007), notice of the application for annexation was sent to the Johnson County Board of Supervisors, Johnson County departments of Attorney, Auditor, Engineer, Planning and Zoning, each affected public utility, Scott Township, the Johnson County Council of Governments, and the East Central Iowa Council of Governments; and WHEREAS, none of these entities have objected to the proposed annexation. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The following described land should be voluntarily annexed to the City of Iowa City, Iowa: LEGAL DESCRIPTION OF TRUST PROPERTY TO BE ANNEXED: Property locally known as 4748 420th Street, Johnson County, Iowa, and legally described as: All that part of the Southeast Quarter (SE'/4) of Section 19, Township 79 North, Range 5 West of the 5th P.M., lying north of the right of way of the Chicago, Rock Island & Pacific Railway Co., running diagonally southeast to northwest through said quarter section, Johnson County, Iowa; and All that part of the Southeast Quarter (SE%4) of Section 19, Township 79 North, Range 5 West of the 5th P.M., lying south of the right of way of the Chicago, Rock Island & Pacific Railway Co., running diagonally from southeast to northwest through said quarter section; also the following tract to-wit: Beginning at the northwest corner of the Northeast Quarter (NE%4) of Sec. 30, Township 79 North, Range 5 West of the 5th P.M., in the center of the public highway known as the Singleton Road, running thence south along the present fence line 1320 feet to a stake, thence east 1495.4 feet to a stake, thence north 1316 feet to the center of Singleton Road running along the north line of said quarter Resolution No. 08-354 Page 2 section, thence west along the center of said Singleton Road 1500 feet to the place of beginning, this last piece containing 45.32 acres, Johnson County, Iowa. Except: Commencing at the southeast corner of Section 19, Township 79 North, Range 5 West of the 5th P.M., thence North 02°40' west along the east line of said section 544.15 feet, thence north 64°53' west along the southerly line of the right of way of the Chicago, Rock Island & Pacific Railroad Company 686.39 feet, thence south 835.20 feet to the south line of said Section 19, thence east 647.32 feet along the section line to the point of beginning, according to plat recorded in Plat Book 5, Page 23, Plat Records of Johnson County, Iowa. And Except: A portion of the Southeast Quarter of Section 19, Township 79 North, Range 5 West of the 5th P.M., more particularly described as follows: Commencing as a point of reference at the Southeast corner of Section 19, Township 79 North, Range 5 West of the 5th P.M., Johnson County, Iowa; thence North 89°48' West 647.32 feet along the South line of the Southeast Quarter of said Section 19 to point of beginning of tract herein described (this is an assumed bearing for purposes of this description only); thence North 833.60 feet along the West property line of the Iowa Valley Milling Company to point of intersection with the Southerly right of way line of the Chicago, Rock Island, and Pacific Railroad Company; thence North 64°49' West 370.18 feet along the Southerly right of way line of the Chicago, Rock Island & Pacific Railroad Company to a point; thence South 989.95 feet to a point of intersection with the South line of the Southeast Quarter (SE'/4) of said Section 19; thence South 89°48' East 335.00 feet along the South line of the Southeast Quarter of said Section 19 to point of beginning; and containing 7.0 acres more or less. LEGAL DESCRIPTION OF RAILROAD PROPERTY TO BE ANNEXED: Johnson County, Township 79 .North, Range 6 West, in the southwest corner of the southwest quarter of Section 13, all Iowa Interstate Railway Right of Way from the west boundary line of section 13, along said railway right of way east southeast to the center line of Taft Avenue in the southeast corner of the southeast quarter of Section 19 in Township 79 North, Range 5 West. 2. The City Clerk is hereby authorized and directed to certify, file, and record all necessary documents as required by Iowa law under Section 368.7(2007) at Owner's expense. 3. Further, the City Clerk is hereby authorized and directed to certify and file all necessary documents for certification of the population of the annexed territory to Johnson County and the State Treasurer, said population being zero. Passed and approved this 16th day of December _, 2008. ATTEST: C -. CITY LERK -.~cJ~~/ / ~l ~, v~/ Resolution No. 08-354 Page 3 It was moved by 0' Donnell adopted, and upon roll call there were: AYES: ~- x x -~ ~_ x ~- and seconded by NAYS: Correia the Resolution be ABSENT: Bailey Champion Correia Hayek O'Donnell Wilburn Wright wpdata/glossary/resolution-ic. doc 1PSE OF /~ti' y 9 MICHAEL A. MAURO SECRETARY OF STATE ~ ~ ~ pi,. S p1' ~ o TQRY OF OFFICE OF THE IOWA SECRETARY OF STATE December 18, 2008 Ms. Marian Karr City Clerk City of Iowa City 410 East Washington Street Iowa City, Iowa 52240-1826 RE: Resolution # 08-354 City of Iowa City Dear Ms. Karr; STATEHOUSE DES MOINES, IA 50319 You are hereby notified that the resolution, plat map, and other documents pertaining to the voluntary annexation of territory to the City of Iowa City, have been received and accepted by this office as requirement of Iowa Code section 368.7. You may consider the annexation filed. Sincerely, Michael A. Mauro Iowa Secretary of State Phone 515-281-8993 Fax 515-242-5952 www.sos.state.ia.us sos@sos.state.ia.us C~ <~~, Prepared by: Karen Howard, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5251 RESOLUTION NO. A RESOLUTION FOR A VOLUNTARY ANNEXATION OF 179 ACRES OF PROPERTY LOCATED ADJACENT TO 420T" STREET, WEST OF TAFT AVENUE, AND FOR THE IOWA INTERSTATE RAILROAD RIGHT-OF-WAY BETWEEN INDUSTRIAL PARK ROAD AND TAFT AVENUE WHEREAS, Mid estOne Bank, as Trustee of the Prybil, is the owner an legal titleholder of approxim; 420th Street, west of Taft venue; and WHEREAS, the Iowa I erstate Railroad, Ltd., is tl right-of-way between Industri Park Road and Taft Av WHEREAS, MidWestOne nkhas requested a into the City of Iowa City, Iowa; a > established under the will of Veronica 179 acres of land located adjacent to 6 owner and legal titleholder of the railroad nue; and of the approximate 179 acre tract WHEREAS, the Iowa Interstate ailroad,-Ltd., as requested annexation of the railroad right- of-way between Industrial Park Road nd Taft Ave ue into the City of Iowa City, Iowa; and WHEREAS, the aforementioned pr erties ar within the Long Range Planning Boundary of the City of Iowa City; and WHEREAS, pursuant to Iowa Code 8.5 and 368.7 (2007), notice of the application for annexation was sent to the Johnson County and of Supervisors, Johnson County departments of Attorney, Auditor, Engineer, Planning and Wing, each affected public utility, Scott Township, the Johnson County Council of Governments a the East Central Iowa Council of Governments; and WHEREAS, none of these entities have,/objecte~to the proposed annexation. NOW, THEREFORE, BE IT RESOLVE BY THE dl~TY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: \\~ 1. The following described land shout be voluntarily anne~d to the City of Iowa City, Iowa: LEGAL DESCRIPTIO OF TRUST PROPERTYC TO BE ANNEXED: Property locally known as 4 48 420th Street, Johnson County, Iowa, and legally described as: All that part of the Southe st Quarter (SE'/4) of Section 19, Township 79 North, Range 5 West of the 5th .M., lying north of the right of way of`the Chicago, Rock Island & Pacific R Iway Co., running diagonally southeas~.to northwest through said quarter se tion, Johnson County, Iowa; and All that part of the SgGtheast Quarter (SE'/4) of Section 19, Township 79 North, Range 5 West oft e 5th P.M., lying south of the right of way of the Chicago, Rock Island & Pacific Railway Co., running diagonally from southeast to northwest through said quarter section; also the following tract to-wit: Beginning at the northwest corner of the Northeast Quarter (NE'/4) of Sec. 30, Township 79 North, Range 5 West of the 5th P.M., in the center of the public highway known as the Singleton Road, running thence south along the present fence line 1320 feet to a stake, thence east 1495.4 feet to a stake, thence north 1316 feet to the center of Singleton Road running along the north line of said quarter l`~~~. ~,' t~ i ~. ~~ `~ Resolution No. Page 2 section, thence west along the center of said Singleton Road 1500 feet to the place of beginning, this last piece containing 45.32 acres, Johnson County, Iowa. Except: Commencing at the southeast corner of Section 19, Township 79 North, Range 5 West of the 5th P.M., thence North 02°40' west along the east line of said section 544.15 feet, thence north 64°53' west along the southerly line of the right of way of the Chicago, Rock Island & Pacific Railroad Company 686.39 feet, thence south 835.20 feet to the south line of said Section 19, thence east 647.32 feet along the section line to the point of beginni g, according to plat recorded in Plat Book 5, Page 23, Plat Records of Johnson County, Iowa. And Except: A portion the Southeast Quarter of Section 19, ownship 79 North, Range 5 West oft e 5th P.M., more particularly describ as follows: Commencing as a point of eference at the Southeast corner of Section 19, Township 79 North, Range West of the 5th P.M., Johnson ounty, Iowa; thence North 89°48' West 64 32 feet along the South line of the Southeast Quarter of said Section 19 to p int of beginning of tract rein described (this is an assumed bearing for purpose of this description o ); thence North 833.60 feet along the West property line f the Iowa Valley filling Company to point of intersection with the Southerly righ of way line of a Chicago, Rock Island, and Pacific Railroad Company; thence rth 64°49' est 370.18 feet along the Southerly right of way line of the Chi go, Ro Island & Pacific Railroad Company to a point; thence South 98 .95 f t to a point of intersection with the South line of the Southeast Quarter (S '/ of said Section 19; thence South 89°48' East 335.00 feet along the Sout fine of the Southeast Quarter of said Section 19 to point of beginning; and taining 7.0 acres more or less. LE N OF Johnson County, Township 79 orth, Rang the southwest quarter of Secti n 13, all low from the west boundary line f section 13, al southeast to the center lin of Taft Avenue in southeast quarter of Sec 'on 19 in Township BE 6 West, in the southwest corner of Interstate Railway Right of Way g said railway right of way east e southeast corner of the 7 North, Range 5 West. 2. The City Clerk is hereb authorized and directed t certify, file, and record all necessary documents as require y Iowa law under Section 36 .7 (2007) at Owner's expense. 3. Further, the City CI is hereby authorized and dir ted to certify and file all necessary documents for ce ' ication of the population of the ann xed territory to Johnson County and the State Treas er, said population being zero. Passed and approved this day of , 2008. MAYOR Approved by ATTEST: CITY CLERK City Attorney's Office Prepared by: Karen Howard, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5251 RESOLUTION NO. A RESOLUTION FOR A VOLUNTARY ANNEXATION OF 179 ACRES OF PROPERTY LOCATED ADJACENT TO 420T" STREET, WEST OF TAFT AVENUE, AND FOR THE IOWA INTERSTATE RAILROAD RIGHT-OF-WAY BETWEEN INDUSTRIAL PARK ROAD AND TAFT AVENUE WHEREAS, the Veronica Prybil Trusts Under Y1/ill is the owner and legal titleholder of approximately 179 acres o and located adjacent to 4~Oth Street, west of Taft Avenue; and WHEREAS, the Iowa In rstate Railroad, Ltd.;~s the owner and legal titleholder of the railroad right-of-way between Industria Park Road and Taft~Avenue; and WHEREAS, MidWestOne ank, as trustee of the Veronica Prybil Trusts Under Will, has requested annexation of the appr imate 179 acre,{tract into the City of Iowa City, Iowa; and WHEREAS, the Iowa Interstat Railroad, Ltd.:; has requested annexation of the railroad right- of-way between Industrial Park Roa and Taft Avenue into the City of Iowa City, Iowa; and WHEREAS, the aforementioned ,. rust property and railroad property are within the Long Range Planning Boundary of the City o .Iowa City; and WHEREAS, pursuant to Iowa Code 368.5; and 368.7 (2007), notice of the application for annexation was sent to the Johnson County Bvard of Supervisors, Johnson County departments of Attorney, Auditor, Engineer, Planning grid Z~ning, each affected public utility, Scott Township, the Johnson County Council of Governments, nd the East Central Iowa Council of Governments. WHEREAS, none of these entities have o~ected to the proposed annexation. NOW, THEREFORE, BE IT RESOLVED Y THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The following described land should a voluntarily~annexed to the City of Iowa City, Iowa: LEGAL DESCRIPTIO OF TRUST PROPERTY TO BE ANNEXED: Property locally known as 48 420`" Street, Johnson County, Iowa, and legally described as: All that part of the Sout east Quarter (SE'/4) of Sectiori 19, Township 79 North, Range 5 West of the 5 P.M., lying north of the right of way of the Chicago, Rock Island & Pacific ailway Co., running diagonally southeast to northwest through said quarter ection, Johnson County, Iowa; and All that part of the Southeast Quarter (SE'/4) of Section 19, Township 79 North, Range 5 West of the 5t" P.M., lying south of the right of way of the Chicago, Rock Island & Pacific Railway Co., running diagonally from southeast to northwest through said quarter section; also the following tract to-wit: Beginning at the northwest corner of the Northeast Quarter (NE'/4) of Sec. 30, Township 79 North, Range 5 West of the 5~" P.M., in the center of the public highway known as the Singleton Road, running thence south along the present fence line 1320 feet to a stake, thence east 1495.4 feet to a stake, thence north 1316 feet to the center of Singleton Road running along the north line of said quarter section, thence west along the center of said Singleton Road 1500 feet to the ~. x ~ '.~ , Resolution No. Page 2 place of beginning, this last piece containing 45.32 acres, Johnson County, Iowa. Except: Commencing at the southeast corner of Section 19, Township 79 North, Range 5 West of the 5th P.M., thence North 02°40' west along the east line of said section 544.15 feet, thence north 64°53' west along the southerly line of the right of way of the Chicago, Rock Island & Pacific Railroad Company 686.39 feet, then e south 835.20 feet to the south line of said Section 19, thence east 647. ~ feet along the section line to the point of beginning, according to plat rec~ded in Plat Book 5, Page 23, Plat Records of Johnson County, Iowa. ~ /~ And Except: A portion of a Southeast Quarter of Sectio 19, Township 79 North, Range 5 West of the th P.M., more particularly d cribed as follows: Commencing as a point of re rence at the Southeast rner of Section 19, Township 79 North, Range 5 est of the 5th P.M., Joh son County, Iowa; thence North 89°48' West 647.3 feet along the Sou line of the Southeast Quarter of said Section 19 to poin of beginning oft ct herein described (this is an assumed bearing for purposes this descriptiq'n only); thence North 833.60 feet along the West property line of t°fye Iowa Val~y Milling Company to point of intersection with the Southerly right of`~ray line,~if the Chicago, Rock Island, and Pacific Railroad Company; thence North, 64°49' West 370.18 feet along the Southerly right of way line of the Chicago, R ck Island & Pacific Railroad Company to a point; thence South 989.95` et to a point of intersection with the South line of the Southeast Quarter (SE'/4 bf said Section 19; thence South 89°48' East 335.00 feet along the South ne'gf the Southeast Quarter of said Section 19 to point of beginning; and c tainirg 7.0 acres more or less. LEGAL DESCRIPTION OF RAI OAD PRQPERTY TO BE ANNEXED: Johnson County, Township 79 No h, Range 6 West., in the southwest corner of the southwest quarter of Section 3, all Iowa Interstate Railway Right of Way from the west boundary line of ection 13, along said railway right of way east southeast to the center line of aft Avenue in the southeast corner of the southeast quarter of Sectio 19 in Township 79 North, Range 5 West. 2. The City Clerk is hereby a orized and directed to certify, file, and record all necessary documents as required by wa law under Section 368.7 (2007) at.Owner's expense. 3. Further, the City Clerk i hereby authorized and directed to certify and file all necessary documents for certificati n of the population of the annexed territory tQ Johnson County and the State Treasurer, s d population being zero. Passed and approved t s day of , 2008. MAYOR ATTEST: CITY CLERK Approved by City Attorney's Office r ~ y s. .2`,G~'rG''~ ~~~......~ .i ~l `~, ILCI`~~ z/r ~~ ` t J Prepared by: Doug Ongie, Planning Intem, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5230 (SU608-00009) RESOLUTION NO. RESOLUTION APPROVING FINAL PLAT OF MOUNT PROSPECT ADDITION, PART IX, IOWA CITY, IOWA. WHEREAS, the owner, Todd and Debra Hahn, filed with the City Clerk the final plat of Mount Prospect Addition, Part IX, Iowa City, Iowa, Johnson County, Iowa; and WHEREAS, said subdivision is located on the following-described real estate in Iowa City, Johnson County, Iowa, to wit: LOT 307, MOUNT PROSPECT ADDITION, PART VIII, IOWA CITY, IOWA AS RECORDED IN BOOK 37, PAGE 269 IN THE OFFICE OF THE JOHNSON COUNTY RECORDER CONTAINING 5.21 ACRES, MORE OR LESS AND SUBJECT TO ALL EASEMENT AND RESTRICTIONS OF RECORD. WHEREAS, the Department of Planning and Community Development and the Public Works Department examined the proposed final plat and subdivision, and recommended approval; and WHEREAS, the Planning and Zoning Commission examined the final plat and subdivision and recommended that said final plat and subdivision be accepted and approved; and WHEREAS, a dedication has been made to the public, and the subdivision has been made with the free consent and in accordance with the desires of the owners and proprietors; and WHEREAS, said final plat and subdivision are found to conform with Chapter 354, Code of Iowa (2007) and all other state and local requirements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The said final plat and subdivision located on the above-described real estate be and the same are hereby approved. 2. The City accepts the dedication of the streets, easements and public open space as provided by law and specifically sets aside portions of the dedicated land, namely streets, as not being open for public access at the time of recording for public safety reasons. 3. The Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed, upon approval by the City Attorney, to execute all legal documents relating to said ,subdivision, and to certify a copy of this resolution, which shall be affixed to the final plat after passage and approval by law. The City Clerk shall record the legal documents and the plat at the office of the County Recorder of Johnson County, Iowa at the expense of the owner/subdivider. Resolution No. Page 2 Passed and approved this day of MAYOR ATTEST: CITY CLERK It was moved by adopted, and upon roll call there were: 20 Approved by ~'~ City Attorney's Office ~~ a q~d ~~ and seconded by AYES: NAYS: ABSENT: Bailey Champion Correia Hayek O'Donnell Wilburn Wright the Resolution be C:\WINDOWS\Temporary Internet Files\OLKAOE\Final-resSUB08-00009 Mount ProspedlX.doc 7 L-'I d-V O N~'{'°a Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5030 RESOLUTION NO. 08-355 RESOLUTION AMENDING THE BUDGETED POSITION AT THE AIRPORT BY CHANGING THE PERMANENT, PART-TIME POSITION OF AIRPORT OPERATIONS SPECIALIST FROM .6 FTE TO .75 FTE. WHEREAS, Resolution No. 03-192 adopted by the City Council on June 20, 2003 authorized a part-time (.60) position of airport operations specialist at the Airport for FY09; WHEREAS, the Airport Commission passed a motion at its meeting on November 13, 2008 to recommend that City Council amend the FY09 budget by changing the part-time (.60) position of airport operations specialist to part-time (.75) position of airport operations specialist; WHEREAS, the Airport Commission has determined that the management duties and responsibilities of the airport operations specialist require more than 24 hours per week (.60) and that a .75 position will make the position an exempt position; and WHEREAS, it is in the best interest of the City to accept the Commission's recommendation and to amend the budget accordingly. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CITY, IOWA THAT: The budgeted position . at the Airport be amended by changing the part-time Airport Operations Specialist from .6 FTE to .75 FTE. and approved this 16th day of December , 2008. F ~/ Approved by ATTEST: ~~J r---, 1 1- g -°~ CITY RK City Attorney's Office Resolution No. 08-355 Page 2 It was moved by Wright and seconded by O'Donnell the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey X Champion ~ Correia _ x Hayek g O'Donnell g Wilburn x Wright wpdata/glossarylresolu6on-ic.doc rYCt~ Prepared by Eric Goers, Assistant City Attorney, 410 E. Washington, Iowa City, IA 52240, (319) 356-5030 RESOLUTION NO. 08-356 RESOLUTION RATIFYING THE SETTLEMENT OF PENDING LITIGATION. WHEREAS, on December 8, 2006, Barbara Muller and Jean Drulis filed a Petition at Law, LACV067612 alleging damage due to the City's maintenance of Burry Drive; and WHEREAS, all parties in this matter have arrived at a settlement agreement and wish to resolve the claim without further litigation; and WHEREAS, it is appropriate to ratify said settlement, as provided by law, with payment to Barbara Muller and Jean Drulis in the amount of $190,000.00 in full satisfaction of any and all claims which the claimants and/or parties may have against the City in the above matter, in consideration of the claimants' full release. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. Johnson County District Court case No. LACV067612 should be and is hereby settled, and said settlement, as previously discussed in executive session on December 16, 2008, is hereby ratified for the sum of $60,000.00 payable to Barbara Muller and $130,000.00 payable to Jean Drulis in full satisfaction of any and all claims. 2. City Council for the City of Iowa City hereby approves said settlement as being in the best interest of the City of Iowa City and the parties involved, ratifies said settlement as provided by law, and confirms that said settlement is hereby ratified, contingent upon execution of appropriate releases and dismissal of the City of Iowa City from Johnson County District Court case No. LACV067612, with prejudice. 3. Upon the direction of the City Attorney, the Mayor is authorized to sign and the City Clerk to attest any necessary settlement documents. Passed and approved this 16th day of December , 2008. AY R Ap oved by ATTEST: IT JERK ~ ~ ~~n~ City Attorney's Office Resolution No. 08-356 Page 2 It was moved by O`Donnell and seconded by Champion the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey g Champion x Correia x Hayek X O'Donnell ~_ Wilburn g Wright wpdata/glossary/resolution-ic.doc / ,i Prepared by Eric RESOLUTIO ,Assistant City Attorney, 410 E. Washington, Iowa City;' IA 52240, (319) 356-5030 RESOLUTION NO. TIFYING THE SETTLEMENT OFj'PENDING LITIGATION. WHEREAS, on Decembe 8, 2006, Barbara Muller a Jean Drulis filed a Petition at Law, LACV067612 alleging dams es to their homes due to a shifting of Burry Drive; and WHEREAS, all parties in this tter have arrived a settlement agreement and wish to resolve the claim without further litigatio ~ and WHEREAS, it is appropriate to r tify said ettlement, as provided by law, with payment to Barbara Muller and Jean Drulis in t e am unt of $190,000.00 in full satisfaction of any and all claims which the claimants and/or rti s may have against the City in the above matter, in consideration of the claimants' full rele e. NOW, THEREFORE, BE IT RESVE~Q BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: \ 1. Johnson County Distri Court case No. LACV067612 should be and is hereby settled, and said settlement, s previously iscussed in executive session on December 16, 2008, is hereby ra ' ied for the su of $60,000.00 payable to Barbara Muller and $130,000.00 paya a to Jean Drulis in f II satisfaction of any and all claims. 2. City Council for he City of Iowa City he by approves said settlement as being in the best interest o the City of Iowa City and t e parties involved, ratifies said settlement as provided by w, and confirms that said s ttlement is hereby ratified, contingent upon execution o appropriate releases and dism sal of the City of Iowa City from Johnson County Di rict Court case No. LACV067612, ith prejudice. 3. Upon tt}~ direction of the City Attorney, the Clerk t attest any necessary settlement doc~ Passed ancyapproved this day of MAYOR by ATTEST: CITY CLERK r is authorized to sign and the City 2008. Attorney's Office