HomeMy WebLinkAbout1996-02-13 ResolutionRESOLUTION NO. 96-26
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 beer, liquor, or wine license/permit, to wit:
The Fieldhouse 111 E. College Street
It was moved by Lehman and seconded by
as read be adopted, and upon roll call there were:
Norton
AYES: NAYS: ABSENT:
X
X
X
X
X
X
X
Passed and approved this 13th day of February
that the Resolution
Baker
Kubby
Lehman
Norton
Novick
Thornberry
Vanderhoef
· 1996
MAYOR t./ J
Approved by
'"~orne¥'s Office
\danceprm.res
Prepared by: Don Yucuis, Finance Director, 410 E. Washington St., Iowa City IA 52240 (319)356.5052
RESOLUTION NO. 96-27
RESOLUTION SETTING A PUBLIC HEARING TO DISCUSS THE PROPOSED
OPERATING BUDGET FOR THE FISCAL YEAR JULY 1, 1996, THROUGH
JUNE 30, '1997, THE PROPOSED THREE-YEAR FINANCIAL PLAN, AND
ALSO THE SEVEN-YEAR CAPITAL IMPROVEMENTS PROGRAM.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that public
hearings be held in the Civic Center at 7:30 p.m., February 27, 1996, to permit any taxpayer
to be heard for or against the proposed FY97 Operating Budget and the Proposed FY97-FY99
Financial Plan and also the seven-year Capital Improvements Program.
Passed and approved this 13th day of February
, 1996.
MAYOR
Approved by
City Attorney's Office
It was moved by Lehman and seconded by Norton
be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X
X
X
X
X
Baker
Kubby
Lehman
Norton
Novick
Thornberry
Vanderhoef
the Resolution
fi nadm/budget/pubhrg. res
RESOLUTION NO. 96-28
A RESOLUTION SETTING A PUBLIC HEARING ON PLANS, SPECIFICATIONS,
FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION
OF THE 1996 CURB RAMP 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 27th day of
February, 1996, at 7:30 p.m. in the Council Chambers, Civic Center, Iowa City, Iowa.
The City Clerk is hereby authorized and directed to publish notice of the public hearing
for the above-named proposal 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.
A copy of the plans, specifications, form of contract, and estimate of cost of 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 13th day of February
,1996.
ATTEST:cl~ ~
It was moved by I phman and seconded by
adopted, and upon roll call there were:
MAYOR
Approved by
Cite '~' ~/~'~
y s Office o?-,F'-f~
Norton the Resolution be
AYES: NAYS: ABSENT:
X
X
X
X
X
Baker
Kubby
Lehman
Norton
Novick
Thornberry
Vanderhoef
RESOLUTION NO. 96-29
RESOLUTION ACCEPTING THE WORK FOR THE SANITARY SEWER AND
WATER MAIN PUBLIC IMPROVEIVIENTS FOR LOT 1Ei2 AND LOTS 168-179
INCLUSIVE OF COURT HILL-SCOTT BOULEVARD ADDITION, PART IX.
WHEREAS, the Engineering Division has certified that the following improvements have been
completed in accordance with the plans and specifications of the City of Iowa City,
Sanitary sewer and water main improvements for Lot 1 52 and Lots 168-179 inclusive
of Court Hill-Scott Boulevard Addition, Part IX, as constructed by Maxwell Construc-
tion, Inc. of Iowa City, Iowa.
WHEREAS, maintenance bonds have been filed in the City Clerk's office; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, THAT:
Said public improvements are hereby accepted by the City of Iowa City, Iowa, and that all
dedications and public improvements are hereby formally accepted.
Passed and approved this 13th day of February ,1996.
ATTEST:cI~ ~'.
MAYOR/ (j/
Approved by
City Attorney
It was moved by Lehman and seconded by
adopted, and upon roll ca)l there were:
Norton
AYES: NAYS: ABSENT:
X
X
X
X
X
the Resolution be
Baker
Kubby
Lehman
Norton
Novick
Thornberry
Vanderhoef
RESOLUTION NO. 96-30
RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO
ATTEST THE RELEASE OF A WATERMAIN EASEMENT AND A PORTION OF A
PRIVATE STREET, UTILITY AND PUBLIC ACCESS EASEMENT LOCATED IN
COURT HILL-SCOTT BOULEVARD ADDITION PART IX, AND TO APPROVE AND
EXECUTE A SUBSTITUTED PRIVATE STREET, UTILITY, AND ACCESS EASEMENT
AGREEMENT FOR THE SAME PROPERTY
WHEREAS, the City possesses a water main easement and utility and public access easement
within Court Hill-Scoff Boulevard Addition Part IX, Iowa City, Iowa; and
WHEREAS, subsequent to the approval of the final plat for Court Hill-Scott Boulevard Addition
Part IX, an alternative, more efficient route was used for the placement of the water main, and
the existing water main easement was not used; and
WHEREAS. subsequent to the approval of the final plat for Court Hill-Scott Boulevard Addition
Part IX, the "hammerhead" ending of the private street was modified into a cul-de-sac for
aesthetic and safety purposes; and
WHEREAS, the developer requested the City release the existing, unused water main
easement and a portion of the utility and public access easement located in Court Hill-Scott
Boulevard Addition, Part IX, said water main and utility easement being recorded on April 3,
1990, in Book 1117, page 14, and said public access easement being recorded on April 3,
1990 in Book 1117, Page 17. both portions to be released being designated and legally
described on the plat attached hereto as Exhibit "B" and incorporated by this reference; and
WHEREAS, the owner has agreed to enter into a new, substituted Utility and Public Access
Easement Agreement which is attached hereto and incorporated by reference herein, which
substituted utility and public access easement is designated and described on the plat attached
hereto as Exhibit "A" and incorporated herein by this reference; and
WHEREAS, Public Works has recommended the release of the existing, unused water main
easement and the release of a portion of the private street, utility and public access easement
and the execution of a substituted public access and utility easement agreement to conform
to the actual construction existing in the development; and
WHEREAS, it is in the public interest to release the existing, unused water main easement, to
release a portion of the private street, utility and public access easement, and to execute the
new, substituted Utility and Public Access Easement Agreement for the subject property.
Resolution No.
Page 2
96-30
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT:
The City Council finds it is in the public interest to release the existing, unused water
main easement and to release a portiop of the private street, utility and public access
easement, and to enter into the new, substituted Public Access and Utility Easement
Agreement attached hereto, which is hereby approved as to form and content.
The City of Iowa City does hereby abandon, release and relinquish all right, title and
interest in the Water Main Easement and Private Street, Utility and Access Easement
described in Exhibit "B" attached hereto and incorporated by reference herein, and the
mayor is hereby authorized to sign, and the City Clerk to attest, a release of said
easements sufficient for recordation.
The Mayor is hereby authorized to sign and the City Clerk to attest the attached Public
Access and Utility Easement Agreement.
The City Clerk is hereby authorized and direcled to certify a copy ol:this Resolution for
recordation in the Johnson County Recorders Office together with the attached Exhibit
"B", the attached release, and the attached Public Access and Utility Easement
Agreement with Exhibit "A", said recording costs to be paid by Plum Grove Acres, Inc.,
the Developer of Court Hill-Scott Boulevard Addition Part IX.
It was moved by Lehman and seconded by
be adopted, and upon roll call there were:
Norton
the Resolution
AYES: NAYS:
ABSENT:
X
Baker
Kubby
Lehman
Norton
Novick
Thomberry
Vanderhoef
Passed and approved this 13th day of February
, 1996.
A EST:
Prepared by: Sarah E. Holecek, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 ¢319)356-5030
PUBLIC ACCESS AND UTILITY EASEMENT
FOR
COURT HILL-SCOTT BOULEVARD ADDITION, PART IX
THIS AGREEMENT made and entered into by and between Plum Grove Acres, Inc., an Iowa
Corporation, hereinafter referred to as Subdivider, which expression shall include its
successors in interest and assigns, and the City of Iowa City, Iowa, hereinafter referred to as
City, which expression shall include its successors in interest and assigns.
IT IS HEREBY AGREED AS FOLLOWS:
For the sum of One Dollar and other valuable consideration, receipt of which is hereby
acknowledged, the Subdivider hereby grants and conveys to the City, an easement for the
purposes of excavating for and the installation, replacement, maintenance and use of utility
lines and water main for the Subdivision. This easement includes access to the areas
designated as "Private Street, Utility and Access Easement", as shown on the Easement
Dedication Plat of Court Hill-Scott Boulevard Addition Part IX of Iowa City, Johnson County,
Iowa, which plat is attached hereto and by this reference made a part hereof. This easement
provides the City and the general public with a means of ingress, egress and passage over the
private street designated as Scott Court on said plat and also includes an easement for the
City water main on or in that same area.
The City shall promptly backfill any trench made by it, and repair any damages caused by
the City within the easement area. The City shall indemnify Subdivider against unreasonable
loss or damage which may occur in the negligent exercise of the easement rights by the City.
Except as expressly provided herein, the City shall have no responsibility for maintaining the
easement area.
The Subdivider reserves a right to use said easement area for purposes which will not
interfere with the City's full enjoyment of its rights hereby granted; provided that the
Subdivider shall not erect or construct any building, fence or other structures; plant any trees,
drill or operate any well; or construct any reservoirs or other obstructions on said area; or
diminish or substantially add to the ground cover over the utility lines.
Nothing in this Agreement shall be construed to impose a requirement on the City to install
the private improvement at issue herein. Nor shall the Subdivider be deemed acting as the
City's agent during the original construction and installation of said improvement. Parties
agree that the obligation to install the improvement(s) herein shall be in accordance with City
specifications, and the obligation shall remain on the Subdivider until completion by the
Subdivider.
The Subdivider hereby covenants with the City that it is lawfully seized and possessed of
the real estate above described, and that it has good and lawful right to convey it or any part
thereof.
2
The provisions hereof shall inure to the benefit of and bind the successors and assigns of
the respective parties hereto, and all covenants shall be deemed to apply to and run with the
land and with the title to the land.
SIGNED this I~ ~ day of
PLUM GROVE ACRES, INC.
Bruce R. Glasgow, ~r,~t /~
~/~r~,-~ , 1996.
CITY OF IOWA CITY
/Naomt/J. Novick, Mayor
Marian K. Karr, City Clerk
STATE OF IOWA )
) SS:
JOHNSON COUNTY )
a Notary Public in and for said County, in satd State, personally appeared Bruce R. Glasgow
and Frank Boyd, to me personally known, who being by me duly sworn, did say that they are
the President and Secretary, respectively, of said corporation; that no seal has been procured
by the said corporation; that said instrument was signed on behalf of said corporation by
authority of its Board of Directors; and that the said Bruce R. Glasgow and Frank Boyd 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.
~.~ . I Notary Public in and ~r the S~ate of Iowa.
STATE OF IOWA
SS:
JOHNSON COUNTY
On th~s /~ day of ~.,~ ,1996, before me, the undersigned,
a Notary Public in and for said County, in s'~id State, personally appeared Naomi J. Novick 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 City Council of said municipal corporation; and that the said Naomi J. Novick
and Marian K. Karr acknowledged the execution of said instrument to be the voluntary act and
deed of said municipal corporation by it and by them voluntarily executed.
Notary Public in and for the State of Iowa.
RELEASE OF WATER MAIN AND PRIVATE STREET, UTILITY AND ACCESS EASEMENT
The City of Iowa City, Iowa, does hereby release the property legally described as "Released
Watermain Easement" and "Released Pdvate Street, Utility and Access Easement" as
designated on the Plat attached hereto as Exhibit "B" and incorporated by this reference, from
a lien or cloud upon the title placed thereon by those easements granted to the City. These
easements are originally shown on the Final Plat of Court Hill-Scott Boulevard Addition, Part
IX, Iowa City. Iowa, and which easement agreements are recorded in Book 1117, Page 14, et
seq. of the records of the Johnson County Recorder's Office. Said easements as specifically
designated and described in Exhibit "B" are hereby released.
The City retains all other easements shown on said final plat not released by this document.
CITY OF IOWA CITY, IOWA
A.est:
Marian K. I{arr, City Clerk
STATE OF IOWA )
) SS:
JOHNSON COUNTY )
On this ~.~'~'~-day of Jam~, 1996 before me, the undersigned, a Notary Public in nd
for said County, in said State, personally appeared Naomi J. Novick and Marian K. Karr, to me
personally known, who being be me duly sworn, did say that they are the Mayor and City Clerk,
respectively of said municipal corporation executing the 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 City council of said municipal
corporation; and that the Naomi J. Novick and Marian K. Karr acknowledged the execution of
said instrument to be the voluntary act and deed of said municipal corporation and by them
voluntarily executed.
Notary Public in and for the State of
Iowa
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Prepared by: Sarah E. Holecek, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (31 9)356-5030
PUBLIC ACCESS AND UTILITY EASEMENT
FOR
IURT HILL-SCOTT BOULEVARD ADDITION, PART IX
THIS
Corporation,
successors in interest
City, which expression
and entered into by and between Plum
referred to as Subdivider, which e~
ns, and the City of Iowa City, 1ov
nclude its successors in interest
rove Acres, Inc., an Iowa
ression shall include its
hereinafter referred to as
assigns.
IT IS HEREBY AGREED AS )LLOWS:
For the sum of One Dollar
acknowledged, the Subdivider
purposes of excavating for and
lines and water main for the
designated as "Private Street, Utility
Dedication Plat of Court Hill-Scott
Iowa, which plat is attached
provides the City and the general I
private street designated as Scott
City water main on or in that same area.
other valuable consid~ receipt of which is hereby
~y grants and to the City, an easement for the
stallation, maintenance and use of utility
ision. This ment includes access to the areas
nd as shown on the Easement
~n Part IX of Iowa City, Johnson County,
~ made a part hereof. This easement
of ingress, egress and passage over the
aid plat and also includes an easement for the
The City shall promptly backfill am ~de by it, and repair any damages caused by
the City within the easement area· City indemnify Subdivider against unreasonable
loss or damage which may occur in negligent ~ercise of the easement rights by the City.
Except as expressly provided her the City ave no responsibility for maintaining the
easement area.
The Subdivider reserves to use said area for purposes which will not
interfere with the City's enjoyment of its rights granted; provided that the
Subdivider shall not erect ' construct any building, fence o~ other structures; plant any trees,
drill or operate any wel construct any reservoirs or other obstructions on said area; or
diminish or substantia to the ground cover over the utility lines.
Nothing in this be construed to impose a requirement on the City to install
the private im at issue herein. Nor shall the Subdivider be deemed acting as the
City's agent du the original construction and installation of said improvement. Parties
agree that the ation to install the improvement(s) herein shall be in accordance with City
specification and the obligation shall remain on the Subdivider until completion by the
Subdivider.
The Subdivider hereby covenants with the City that it is lawfully seized and possessed of
the real estate above described, and that it has good and lawful right to convey it or any part
thereof.
2
The provisions hereof shall inure to the benefit of and bind the successors and assigns of
the respective parties hereto, and all covenants shall be deemed to apply to and run with the
land and with the title to the land.
SIGNED this day of , 1996.
PLUM GROVE ACRES, INC. ~,~ CITY OF IOWA CITY
BY: ~ BY: /
Bruce R. Glasgow, President ~,,, Naom,/~. Novick, Mayor
BY: \ ATTEST: /
Frank Boyd, Secretary ~,,, - ~(t~rian K. Karr, City Clerk
STATE OF IOWA ) '\ ~
JOHNSON COUNTY )
On this day of / \ ,1996, before me, the undersigned,
a Notary Public in and for said County, in said §~'ate,~personally appeared Bruce R. Glasgow
and Frank Boyd, to me personally known, who/Deing I~,y me duly sworn, did say that they are
the President and Secretary, respectively, of ,~aid corpd(ation; that no seal has been procured
by the said corporation; that said instrument was sigr~d on behalf of said corporation by
authority of its Board of Directors; and theft the said Br~ce R. Glasgow and Frank Boyd as
such officers, acknowledged the execution of said instr~nent to be the voluntary act and
deed of said corporation by it and by th, e~m voluntarily exe~ed.
· ~°°tary Public in and for thatate of Iowa.
STATE OF IOWA ))SS: " ~
JOHNSON COUNTY ) " ~
On this day of" ,1996, befor6~.m, e, the undersigned,
a Notary Public in and for s ,a, id County, in said State, personally appeared~laomi J. Novick and
Marian K. Karr, to me pers~nally known, who being by me duly sworn, did say that they are
the Mayor and City Clerk,,,respect~vely, of said municipal corporation execu~i,ng the within and
foregoing instrument; teat 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 City Council of said municipal corporation; and that the said Naom~ J. Novlck
and Marian K. Karr ¢cknowledged the execution of said instrument to be the voluntary act and
deed of said municipal corporation by it and by them voluntarily executed.
Notary Public in and for the State of Iowa.
Prepared by Liz Osborne, Program Assistant, 410 E. Washington St., Iowa City, IA 52240; 319-356-5246
RESOLUTION NO. 96-31
RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE RELEASE OF
A LIEN FOR PROPERTY LOCATED AT 434 CRESTVIEW AVENUE, IOWA CITY, IOWA.
WHEREAS, on December 20, 1994, the property owner of 434 Crestview Avenue executed a Rehabilitation
Agreement, Promissory Note and a Mortgage in exchange for a Conditional Occupancy Loan in the amount
of $4,730 from the Housing Rehabilitation Program; and
WHEREAS, on October 20, 1995, the loan documents were amended for the amount of 94,277; and
WHEREAS, these documents created a lien against the property; and
WHEREAS, the property owner has paid in full the loan of 94,277, plus the one-time interest charge of five
percent (5%) on February 1, 1996.
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 Lien for recordation,
whereby the City does release the property located at 434 Crestview Avenue, Iowa City, Iowa, from an
obligation of the property owner to pay to the City the $4,277 which was recorded in Book 1858, Pages
174 through 186, and Book 1986, Pages 54 through 61 of the Johnson County Recorder's Office.
Passed and approved this 13th day of February , 1996.
ATTEST:ci~ ~, ~Z~_~
It was moved by Lehman
upon roll call there were:
Cit~"/~or~ey's~ice /.2/~/<~
and seconded by Norton the Resolution be adopted, and
AYES: NAYS: ABSENT:
X
~X
X
X
X
ppdrehab~434crest.res
Baker
Kubby
Lehman
Norton
Novick
Thornbern/
Vanderhoef
Prepared by Liz Osborne, Program Assistant, 410 E. Washington St., Iowa City, IA 52240; 319-356-5246
RELEASE OF LIEN
The City of Iowa City does hereby release the property at 434 Crestview Avenue, Iowa City, Iowa, legally
described as follows:
Lot Sixty-nine (69) in Court Hill, an Addition to the City of Iowa City, Iowa, according to the recorded
plat thereof recorded in Book 4, Page 324, Plat Records of Johnson County, Iowa, subject to
easements and restrictions of record
from an obligation of the property owner to the City of Iowa City in the principal amount of $4,277
represented by a Conditional Occupancy Loan with a one-time interest charge of five percent (5%) upon sale
of the property recorded on January 13, 1995, in Book 1858, Pages 174 through 186, and Book 1986,
Pages 54 through 61 in the Johnson County Recorder's Office.
This obligation has been satisfied and the property is hereby released from any liens or clouds upon title to
the above property by reason of said prior recorded documents.
CITY'CLERK
STATE OF IOWA )
)
JOHNSON COUNTY )
SS:
Approyed by
ity Atto r~ '"'~o~],~/9~
On this I,,~ "~ day of ~.~,.~ ,A.D. 19 ~°G , before m~., the undersigned, a Notary
Public in and for said County, in said ~tate, personally appeared Naomi J. Noviuk 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
· ~
Councd on the /~ day ~r~r~;t, , 19 c)/~ and that the said Naomi J. Novick and
Marian K. Karr as such officers acknowl~'dged the execution of said instrument to be the voluntary act and
deed of said corporation, by it and by them voluntarily executed·
Notary Public in and for Johnson County, Iowa
Prepared by: Liz Osborne, Community Development, 410 E. Washington St., Iowa City, IA 52240; 319-356-5246
RESOLUTION NO. 96-32
RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO
ATTEST THE RELEASE OF A LIEN FOR PROPERTY LOCATED AT 416 SOUTH
DODGE STREET, IOWA CITY, IOWA
WHEREAS, on September 8, 1988, the property owner of 416 South Dodge Street executed
a Mortgage in the amount of $11,000 from the City's Housing Rehabilitation Program; and
WHEREAS, this document created a lien against the subject property; and
WHEREAS, the balance due under this mortgage was paid in full on July 19, 1993.
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 Lien
for recordation, whereby the City does release the property located at 416 South Dodge
Street, Iowa City, Iowa, from an obligation of the property o~vner to pay to the City $11 ,O00
which was recorded in Book 1026, Pages 468 and 469, of the Johnson County Recorder's
Office.
Passed and approved this 13th day of February
,1996.
ATTEST: ~~ ~. 7/~
CITY-CLERK
MAYOR
It was moved by Lehman and seconded by
adopted, and upon roll call there were:
AYES: NAYS:
X
X
X
X
X
,X
X
Norton
ABSENT:
the Resolution be
Baker
Kubby
Lehman
Norton
Novick
Thornberry
Vanderhoef
Prepared by: Liz Osborne, Community Development. 410 E. Washington St., Iowa City, IA 52240; 319-356-5246
RELEASE OF LIEN
The City of Iowa City does hereby release the property at 416 South Dodge Street, Iowa City,
Iowa, legally described as follows:
Part of the northeast quarter of Section 1 5, Township 79 North, Range 6 West
of the 5th P.M. as follows: Beginning on the east side of Dodge Street at a
point 220 feet south of the southwest corner of Out Lot 28, in Iowa City, Iowa,
according to the recorded plat thereof, running thence east 1 59 feet, thence
south 50 feet, thence west 159 feet to the east line of Dodge Street, thence
north 50 feet to the place of beginning
from an obligation of the property owner to the City of Iowa City in the principal amount of
~ 11,000 represented by a Mortgage recorded on September 14, 1988, in Book 1026, Pages
468 and 469, in the Johnson County Recorder's Office.
This obligation has been paid in full and the property is hereby released, in full, from any liens
or clouds upon title to the above property by reason of said prior recorded documents.
CITY OF IOWA CITY, IOWA
ATTEST:
City Clerk
Mayor t/
STATE OF IOWA )
) SS:
JOHNSON COUNTY )
On this /~-'~ day of ~'~:~.~.~ , A.D. 19 ¢//~ , before me, the
undersigned, a Notary Public in and for said~County, in said State, personally appeared Naomi
J. Novick 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, by authority of its City Council; and that the said Naomi J. Novick and Marian K.
Karr as such officers acknowledged the execution of said instrument to be the voluntary act
and deed and said corporation, by it and by them voluntarily executed.
Notary Public in and for ,~ohnson County, Iowa
Prepared by. Sarah E. Holecek. Asst. C~ty Arty., 410 E Washington St., Iowa City. IA 319-356-5030
RESOLUTION NO. 96-33
RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO
ATTEST THE RELEASE OF A COMMON AREA ACCESS EASEMENT AND A
WATER I~AIN AND UTILITY EASEMENT LOCATED ON LOTS 3 AND 4, D & L
SUBDIVISION, IOWA CITY, IOWA, AND TO APPROVE AND EXECUTE A
SUBSTITUTED WATER MAIN EASEMENT AGREEMENT FOR THE SAME
PROPERTY
WHEREAS, pursuant to the final plat of D & L Subdivision, the City possesses a water main
easement upon Lots 3 and 4, D & L Subdivision, Iowa City, Iowa; and
WHEREAS, pursuant to the Ordinance and Conditional Zoning Agreement recorded in Book
1511, Page 206. and pursuant to the final plat of D & L Subdivision, a Common Area Access
Easement exists over Lots 3 and 4, D & L Subdivision, Iowa City, Iowa; and
WHEREAS, the owner and developer have submitted a site plan for the subject property which
necessitates release of the Common Area Access Easement and the relocation of the water
main easement; and
WHEREAS, the owner and developer have submitted an application to amend the Conditional
Zoning Agreement requiring the Common Area Access Easement, and said application and
Amended Conditional Zoning Agreement have been approved; and
WHEREAS, the owner has agreed to enter into a new Water Main Easement Agreement, which
is attached hereto and incorporated by reference herein, and to provide the City with a
substituted water main easement thereunder which facilitates the development of the property
under the submitted site plan, which substituted water main easement is designated and
described on the plat attached hereto as Exhibit "A" and incorporated herein by this reference;
and
WHEREAS, Public Works has recommended the release of the existing Common Area Access
Easement and water main easement and recommends the execution of a substituted water
main easement agreement to facilitate the construction proposed under the site plan; and
WHEREAS, although an Amended Conditional Zoning Agreement will be executed to release
the Common Area Access Easement, it is in the public interest for title purposes to formally
release the existing Common Area Access Easement. and it is also in the public interest to
release the existing water main easement, to accept the substituted water main easement and
to enter into a Water Main Easement Agreement for the subject property.
5',3O
Resolution No. 96-33
Page 2
NOW, THEREFORE, BE It RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT:
The City Council finds it is in the public interest to release the existing Common Area
Access Easement and water main easement, accept the substituted water main
easement and enter into the Water Main Easement Agreement attached hereto, which
is hereby approved as to form and content.
The City of Iowa City does hereby abandon, release and relinquish all right, title and
interest in the Common Area Access Easement and the water main easement described
in Exhibit "A" attached hereto and incorporated by reference herein, and the mayor is
hereby authorized to sign, and the City Clerk to attest, a release of said easements
sufficient for recordation.
The Mayor is hereby authorized to sign and the City Clerk to attest the attached Water
Main Easement Agreement.
The City Clerk is hereby authorized and directed to certify a copy of this Resolution for
recordation in the Johnson County Recorder's Office together with the attached Exhibit
"A", the attached release, and the attached Water Main Easement Agreement, said
recording costs to be paid by the Owner of Lots 3 & 4, D & L Subdivision.
it was moved by Lehman and seconded by Norton
be adopted, and upon roll call there were:
the Resolution
AYES: NAYS: ABSENT:
X
X
X
,X
X
Baker
Kubby
Lehman
Norton
Novick
Thomberry
Vanderhoef
Passed and approved this 13th day of February
, 1996.
MAYOR
iity / m~
ATTEST: CI'I~LERK
Prepared by: Sarah E. Holecek, Asst. City Arty., 410 E. Washington St, Iowa City. IA 319-356.5030
RELEASE OF WATER MAIN AND COMMON AREA ACCESS EASEMENT
The City of Iowa City, Iowa, does hereby release the property legally described as "Released
Watermain Easement" and "Released Common Area Access Easement" as designated on the
Plat attached hereto as Exhibit "A" and incorporated by this reference, from a lien or cloud upon
the title placed thereon by those easements granted to the City. These easements are
originally shown on the Final Plat of D & L Subdivision, Iowa City, Iowa, and which easement
agreements are recorded in Book 1879, Page 287, et seq. of the records of the Johnson
County Recorder's Office. Said easements as specifically designated and described in Exhibit
"A" are hereby released.
The City retains all other easements shown on said final plat not released by this document.
CITY OF IOWA CITY, IOWA
Madan K. K'err, City Clerk
STATE OF IOWA )
) CS:
JOHNSON COUNTY )
On this .~?day of ,~,~"~,~'~ 996 before me, the undersigned, a Notary Public in nd
for said County, in said State, personally appeared Naomi J. Novick and Marian K. Karr, to me
personally known, who being be me duly sworn, did say that they are the Mayor and City Clerk,
respectively of said municipal corporation executing the 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 City council of said municipal
corporation; and that the Naomi J. Novick and Madan K. Karr acknowledged the execution of
said instrument to be the voluntary act and deed of said municipal corporation and by them
voluntarily executed.
Notary Public in and for the State of
Iowa
Prepared by: Sarah E. Holecek, Asst. City Arty., 410 E. Washington St., Iowa City, IA 319-356-5030
WATER NIAIN EASEMENT AGREEMENT
This Agreement is made by and between Harold John Dane, Jr. and Allegra G. Dane,
husband and wife (hereinafter "Owner"), and the City of Iowa City, Iowa, a municipal
corporation (hereinafter "the City").
NOW THEREFORE, THE PARTIES AGREE AS FOLLOWS:
For the sum of One Dollar and other valuable consideration, receipt of which is hereby
acknowledged, Owner hereby grants and conveys to the City, an easement for purposes of
excavating for and the installation, replacement, maintenance and use of such water lines,
pipes, mains and conduits as the City shall from time to time elect for conveying water
together with all necessary appliances and fittings for use in connection with said lines and
adequate protection thereof and also a right-of-way with right of ingress and egress thereto,
over and across the premises designated as "water main easement" on the Plat attached
hereto and incorporated by reference (hereinafter "easement area") legally described as
follows:
See Exhibit "A" attached hereto.
Owner further grants to the City the following rights in connection with the easement:
1. The right to grade said easement area for the full width thereof, and the right to
extend the cuts and fills for such grading into and on said land along and outside of said
easement area, to such extent as the City may find reasonably necessary.
2. The right from time to time to trim, cut down and clear away all trees and brush
on said easement area and on either side of said easement area which now or hereafter in the
opinion of the City may be a hazard to the water main and water lines, or may interfere with
the exercise of the City's rights hereunder in any manner.
The City shall indemnify the Owner against an~ loss and damage which shall be caused
by the negligent exercise of any said ingress or egress, construction, use or maintenance
rights by the City or its agents or employees in the course of their employment.
The Owner reserves a right to use said easement area for purposes which will not
interfere with the City's full enjoyment of its rights hereby granted; provided that the Owner
and his successors and assigns shall not erect or construct any building, fence or other
structures; plant any trees, drill or operate any well; construct any obstructions on said
easement area; or substantially add to the ground cover of said easement area.
The Owner hereby covenants with the City that it is lawfully seized and possessed of
the real estate described above, and that it has good and lawful right to convey it or any part
thereof.
Nothing in this Agreement shall be construed to impose a requirement on the City to
install the original public improvements at issue in this easement. Nor shall the Owner be
deemed acting as the City's agent during the original construction and installation of said
improvements. The parties agree that the obligation to install the public improvements herein
shall be in accordance with City specifications, and the obligation shall remain on the Owner
until completion, and until acceptance by the City, as provided by law.
Owner further agrees that its engineer shall promptly, upon approval of this Agreement, revise
the mylar drawing of D & L Subdivision, which is on file in the City Engineer's Office to show
the new easement and remove the original easement released by the City in conjunction with
the execution of this Agreement.
This easement shall inure to the benefit of and bind the successors and assigns of the
respective parties hereto. All covenants shall be deemed to apply to and run with the title to
the land.
SIGNED this /3 -~ day of J~'¢..~r,~,.~ , 1996.
CITY OF IOWA CITY, IOWA
Naor~i J. N~ick{ Mayor
Approved by:
Marian K. Karr, City Clerk
OWNER
City Attorney's Office
)SS:
~SoJ~O. ao~[~ COUNTY )
On this }~ day of ~ ,1996, before me, the undersigned, a Notary Public in
and for said County, in said State, personally appeared Harold John Dane, Jr., and Allegra G.
Dane, to me personally known to be the identical persons named herein, and who being by
me duly sworn did say that they executed the within and foregoing instrument as their
voluntary act and deed,
' G. I .
N~blic in and for the~of 0~,~,,,
STATE OF IOWA : ~"~ ~.~.~.
JOHNSON COUNTY)
)
} SS:
On this _~_ day of ~_~, 1996, before me, the undersigned, a Notary Public in
nd for said County, in said State, lYersonally appeared Naomi J. Novick and Marian K. Karr,
to me personally known, who being be me duly sworn, did say that they are the Mayor and
City Clerk, respectively of said municipal corporation executing the 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 City council of said
municipal corporation; and that the Naomi J. Novick and Marian K. Karr acknowledged that
execution of said instrument to be the voluntary act and deed of said municipal corporation
and by them voluntarily executed.
Notary Public in and for the State of Iowa
NORTH
"A
RELEASED 41'x 4B' SANITARY SEWER. --
WATER MAIN AND UTILITY
EASEMENT
NAIN EASEMENT
RELEASED 28' COMMON
AREA ACCESS EASEHENT
RFJ..EASED £ONMON AREA ACCJlSS EASEN~ENT
COMHENCING AT THE NORTHWEST CORNER OF LOT 3 OF D
AND L SUBDIVISION AS RECORDED IN PLAT BOOK ~
AT PAGE BO. OF THE RECORDS DE THE JOHNSON
COUNTY RECORDERS OFFICEj THENCE SG9'34'§~'E ALONG
THE NORTHERLY LINE OF SAID LOT 3, A DISTANCE OF
2~4.73 FEET, T0 THE NORTHEAST CORNER OF SAID LOT 3j
THENCE S32'3§'IB'V, 41.D0 FEET TO THE POINT 0? DEG[NNING~
THENCE CONTINUING S32*3§'ID'W, 3lB71 FEET~ THENCE
S74'22'00'E, 29,28 FEET~ THENCE N32'35'IB'V, 3IGD] FEET,
THENCE N69'34'~2'W, ~864 FEET TO THE POINT O?
BEGINNING SAID TRACT 0F LAND CONTAINS 6392 SOUARE
FEET, MORE OR LESS, AND IS SUBJECT TO EASEHENTS AND
RESTRICIIONS OF RECORD
RELEA~ VATER MAIN & UTILITY EASEHENT
COMMENCING AT THE NORTHVEST CORNER OF LOT 3 OF D AND
L SUDDIVIS|ON AS RECORDED IN PLAT BOOK 35 . AT
PAGE 80 Or THE RECORDS OF THE JOHNSON COUNTY RECOR~ERS
OFE[CEJ THENCE S69'34'52'E ALONG THE NORTHERLY LINE
OF SAID LOT 3, A DISTANCE OF 224.73 FEET, TO THE NORTHEAST
CORRER BE SAID LOT 3) THENCE S32'35'18'W, 41,00 FEET, TO THE
PDIHT 0F BEOINN[NG) THEROE CDNIlNUING S32'D§'IB'W ALONG SAID
LINE 3lB 71FEETj THENCE N74*~2'D0'W, 2091 FEET) THENCE
N32'35'18'E, 320.50 FEETj THENCE S69°34'52'E, 20.46 FEET TO
THE POINT OF DEGINNIHG. SAiD TRACT OF LAND CONTAINS
6392 SQUARE FEET, MORE OR LESS, AND I$ SUBJECT TO
EASEMENTS AND RCSTRICT:ONS OF RECOR~
V£NDELL J.{~UPKE$./L.S, Io~a Reg. No 12088
My ~eglstro~lon renews Decenber 31, 1996.
RELEASED SANITARY SEWER. WATER MAIN. AND UTILITY
EASEMENT
COMMENCING AT THE NORTHWEST CORNER OF LOT 3 OF
O AND L SUBDIVISION AS RECORDED IN PLAT BOOK
~ AT PAGE, ~, OF THE RECORDS OF THE
JOHNSON COUNTY RECORDERS OrrlCE~ THENCE SG9°34'$2'E
ALONG THE NORTHERLY LINE OF SAID LOT 3, A DISTARCE 02
204.~7 FEET TO THE POINT Dr BEGINNINGs THENCE
CONTINgING S69'34'$2'E, 4910 FEET~ THENCE S32'35'18'E,
41.00 FEET~ THENCE NGO'34'~2'W, 4~10 FEETs THENCE
N32'35'ID'W, 41.00 FEET TO THE POINT OF BEGINNING.
SAID IRACT CONTAINS 1968 SQUARE FEET MORE OR LESS AND
ES SUBJECT TO EASEMENTS AND RESTRICTION OF RECORD.
RELOCATED EO,OD FOOT ~ATERMAIN EASEMENT
COMMENCING AT THE NORTHWEST CORNER OF LOT 3 OF D
AND L SUBDIVISION AS RECORDED IN PLAT DOG? 35 AT
PAGE gO OF THE RECORDS DF THE JOHNSON COUNTY
RECORDERS arrlCE~ THENCE S$9'34'~2'E, 217.43 FEET
ALONG THE NORTHERLY LINE or SAID LOT 3 TO THE POINT or
DEGINN1NG Dr THE CENTERLINE OF A 2&00 FOOT WIDE WATER-
MAIN EASEMENT~ THENCE S20°2§'08'W ALONG SAID CENTERLINE
100.00 FEET. Tg T~E POINT OF TERMINATION OF THE ~0.00 FQD1
WIDE VATERNAIN EASEMENT
LEGEND
PROPERTY LINE
...... EASEMENT LINE
s FOUND IRON PIN
0 SET 5/8' RE~AR W/CAP
~ SET PK NAIL
POD POINT OF BEGINNING
0 DIMENSION OF RECORD
.~0' ;,lATER
MAIN EASEMENT
IV74,
RELEASED EB' COMMON
AREA ACCESS EASEMENT
RELEASED COMMON AREA ACCESS EASEMENT
COMMENCING AT THE NDRTHV£ST CORNER OF LDT 3 OF D
AND L SUBDIVISION AS RECDRBED IN PLAT BOOK 3~
AT PAGE 80 OF THE RECORDS OF THE JOHNSON
COUNTY RECORDERS OFFICEj THENCE S69°34'52'E ALONG
THE NORTHERLY LiNE 0E SAID LOT 3, A DISTANCE OF
BB4.73 FEET, TO THE NORTHEAST C0RNER OF SAID LOT 3J
THENCE S38'35'I6'V, 4t.00 FEET TO THE POINT OF BEOINNINGj
THENCE CONTINUING S38'35']B'V, 318.7I FEETj THENCE
S74'E2*00'E, 89.88 FEETj THENCE N32°35'IB'V, 316,2I FEET,
THENCE NGg°34'52'V, 88.64 FEET TO THE POINT OF
BEGINNING. SAID TRACT OF LAND CONTAINS 6398 SOUARE
FEET, MORE OR LESS, AND IS SUBJECT TO EASEMENTS AND
RESTRICTIONS OF RECORD
RELEASED VA~J:R MAIN & UTILITY EASEMENT
CDNM[NCINO AT THE NORTHVEST CORNER OF LOT 3 OF B AND
L SUDDIVISION AS RECORDED IN PLAT BOOK 35 . AT
PAGE B0 OF THE RECORDS 0F THE JOHNSDN COUNTY RECORDERS
OFFICEj THENCE S69'34'0~'E ALONG THE NORTHERLY LINE
or SAID LOT 3, A DISTANCE OF 884.73 FEET, TO THE NORTHEAST
CORNER OF SAID LOT 3J THENCE S3~'35'18'V, 41.00 FEET, TD THE
POINT OF DEG[NNINGj THENCE CONTINUING S38'35'18'V ALONG SAID
LINE 3]8.7] rEETj THENCE N74*E2'OO'V, 2191F£ETj THENCE
N3E'35'IB'E, 380.50 FEETj THENCE S69°34'5E'E, 8646 FEET TO
THE POINT D? BEGINNING. SAID TRACT OF LAND CONTAINS
6392 SOUARE FEET, NONE OR LESS, ANO IS SUBJECT TO
EASEMENTS AND RESTRICTIf]NS OF RECORD.
RELEASED SANITARY SEVER. WATER MAIN. AMD UT~.ITY
COMMENCING AT THE NORTHWEST CORNER OF LOT 3 DF
D AND L SUBDIVISION AS RECORDED IN PLAT BOOK
35 AT PAGE 80 OF THE RECORDS OF THE
JOHNSON COUNTY RECORDERS O?FICEJ THENCE SG9*34'§8'E
ALONG TH£ NORTHERLY LINE OF SAID LOT 3, A DISTANCE OF
DO4,D7 FEET TO THC POINT OF BEGINNINGJ THENCE
CONTINUING SG9'34'52'E, 49.10 FEETj THENCE S3~°35't8'E.
41.00 FEETj THENCE NGD'34'§B'V. 49,t0 FEETj THENCE
N3~°35'IO'V, 41~0 FEET TO THE POINT OF BEGINNING.
SAID TRACT CONTAINS 1968 SQUARE FEET MORE OR LESS AND
IS SUBJECT TO EASEMENTS AND RESTRICTION OF RECORD.
RELOCATED 80.00 EC~0T WATERHAIN EASEN£NT
COMMENCING AT THE NORTHWEST CORNER OF LOT 3 OF D
AND L SUBDIVES|ON AS RECORDED IN PLAT BOOK 35 AT
PAGE ~0 OF THE RECOfiDS OF THE JOHNSON COUNTY
RECORDERS OFFICEJ THENCE S69'34'58'E, 8[7.43 FEET
ALONG THE NORTHERLY LINE OF SAIB LOT 3 TO THE POINT OF
BEGINNING OF THE CENTERLINE OF A ~0~00 FOOT VIDE WATER-
HAIN CASEMENTj THENCE SaO°25'OG°V ALONG SAID CENTRELINE
IO0,00 FEET, TO T~E POINT OF TERHINATION DF THE 80.00 FOOT
VIDE VATERNA[N EASEMENT.
LEGEND
PROPERTY LINE
...... EASEMENT LINE
VENDELL J. ~UPKES,/L.S.
EASEMENT PLAT-
PROPOSED & RELEASED
LOT 3 & 4 OF D AND L SUBDIVISION
Io~o Reg. NO. t80BB
te0BB
· FOUND IRON PIN
0 SET ~lB' REBAR V/CAP
e SET PK NAIL
P0B POINT OF BEGINNING
0 DIMENSION OF RECORD
SCM STANDARD CONCRETE MONUMENT
UNLESS NOTED 0THENVISE, ALL DINENSIONS ARE IN FEET AND HUNDRETMS
UTILITY EASEMENTS SHALL INCLUDE ALL PLATTED RIGHT-DE-WAYS
AND ARE PROVIDED FOR GAS, ELECTRICITY. TELEPHONE. T.V.
CABLEVISION, SANITARY SEVERS, VATER MAINS, AND STORM SEVER
DRAINAGE.
scAL~ BOO~
Winkle- Jacob
~0 HOLIDAY ROAD [ s
~LVlL~ IOWA - 31~-49~
Prepared by. Sarah E. Holecek, Asst. City At[y, 410 E Washington St., Iowa Cit~. IA
RESOLUTION NO.
;OLUTION AUTHORIZING THE MAYOR TO SIGN AND CITY CLERK TO
THE RELEASE OF A COMMON AREA EASEMENT AND A
MAIN AND UTILITY EASEMENT LOCATED O 3 AND 4, D & L
)N, IOWA CITY, IOWA, AND TO APP AND EXECUTE A
D WATER MAIN EASEMENT ~IENT FOR THE SAME
PROPERTY
WHEREAS, pursuant
easement upon Lots 3
final plat of D & L
D & L Subdivision, Iowa
City possesses a water main
Iowa; and
WHEREAS, pursuant inance and Conditi~
1511, Page 206, and pursuant 3e final plat of:
Easement exists over Lots 3 and &
Zoning Agreement recorded in Book
L Subdivision, a Common Area Access
Iowa City, Iowa; and
WHEREAS, the owner and
necessitates release of the Common
main easement; and
a site plan for the subject property which
Easement and the relocation of the water
WHEREAS, the owner and developer
Zoning Agreement requiring the Car
Amended Conditional Zonin
have
witted an application to amend the Conditional
Easement, and said application and
approved; and
WHEREAS, the owner has a
is attached hereto and inco~
substituted water main easer
under the submitted site
described on the
and
Main Easement Agreement, which
by reference .~in, and to provide the City with a
~the development of the property
which substituted water ain easement is designated and
hereto as Exhibit "A" andherein by this reference;
WHEREAS,
Easement and
main easement
has recommended the release
main easement and recommends the
'eement to facilitate the construction proposed
Common Area Access
ion of a substituted water
the site plan; and
WHEREAS,
the Comma
release
release
to
an Amended Conditional Zoning Agre executed to release
Access Easement, it is in the public interest forurposes to formally
~g Common Area Access Easement, and it is also inpublic interest to
g water main easement, to accept the substituted watereasement and
a Water Main Easement Agreement for the subject properly.
NOW, THEREFORE, BE it RESOLVED BY THE CITY COUNCIL OF THE CiTY OF
CITY, IOWA, THAT:
The C;ty Council finds it is in the public interest to release the existing
Access Easement and water main easement, accept the substituted
easement and enter into the Water Main Easement Agreement attached
is hereby approved as to form and content.
main
which
The City of Iowa City does hereby abandon, release and relinqui
interest in the Common Area Access Easement and the water ma
in the Exhibits attached hereto and incorporated by reference
authorized to sign, and the City Clerk to attest, a
~nt for recordation.
all right, title and
descdbed
and the mayor is
of said easements
The
Main
hereby authorized to sign and the City C
Agreement.
attest the attached Water
The City Clerk ~reby authorized and directed
recordation nson County
the attached and the attached
recording costs to be by the Owner of
copy of this Resolution for
together with the attached Exhibits,
Main Easement Agreement, said
& 4, D & L Subdivision.
It was moved by
be adopted, and upon roll call there
by
the Resolution
AYES:
NAYS:
ABSENT:
Baker
Kubby
Lehman
Norton
Novick
Thornberry
Vanderhoef
Passed and approved
day of
,1996.
MAYOR
ATTEST:
CITY CLERK
FOLL~I~ 18 -~ ~ ~
DOCUMENT AVAILABLE
JI745'
t
L[GENO
Prepared by: Sarah E. Holecek, Asst. City Atty., 410 E. Washington St., Iowa City, IA
WATER MAIN EASEMENT AGREENIENT
cor
is Agreement is made by and between Harold John
~d wife (hereinafter "Owner"), and the City of
hereinafter "the City").
Jr. and Allegra G. Dane,
City, Iowa, a municipal
NOW THERE
'HE PARTIES AGREE AS
For the
acknowledged, Owner
excavating for and the
pipes, mains and conduits
together with all necessary
adequate protection thereof
over and across the premises
hereto and incorporated by
follows:
,by grants and conve,
lation, replacement
the City shall
lances and fil
so a right
Dollar and other valuable receipt of which is hereby
the ~,, an easement for purposes of
and use of such water lines,
time to time elect for conveying water
for use in connection with said lines and
' with right of ingress and egress thereto,
"water main easement" on the Plat attached
ter "easement area") legally described as
See Exhibit "A" attach :o.
Owner further grants to the City ' followin, hts in connection with the easement:
1. The right to grade s
extend the cuts and fills for
easement area, to such extE
easement area
grading into
as the City may find
the full width thereof, and the right to
said land along and outside of said
Donably necessary.
2. The right from to time to trim, cut down ~d clear away all trees and brush
on said easement area a on either side of said e ~which now or hereafter in the
opinion of the City ma' a hazard to the water main and er lines, or may interfere with
the exercise of the Ci rights hereunder in any manner,
The City sh~ indemnify the Owner against any loss and da~,ge which shall be caused
by the negligent ~ .~rcise of any said ingress or egress, construction, use or maintenance
rights by the Ci/( its agents or employees in the course of their eh~oyment.
The 3,,~vner reserves a right to use said easement area for purp~,es which will not
interfere wi~ the (:ity's full enjoyment of its rights hereby granted; pro~de~ that the Owner
and his s~ cessors and assigns shall not erect or construct any building,Nf,,ence or other
structure t any trees, drill or operate any well; construct any obstruc'~ns on said
easeme or substantially add to the ground cover of said easement area. ~
he Owner hereby covenants with the City that it is lawfully seized and possessed of
the real estate described above, and that it has good and lawful right to convey it or any part
thereof.
/
City to
the Owner be
ation of said
;nts herein
Nothing in this Agreement shall be construed to impose a
install the original public improvements at issue in this easement. Nor
deemed acting as the City's agent during the original construction
improvements. The parties agree that the obligation to install the
shall be in accordance with City specifications, and the obligation remain on the Owner
until completion, and until acceptance by the City, as provided
Owner furtheragrees that its engineer shall promptly, upon ap of this ~greement, revise
the mylar draw~g of D & L Subdivision, which is on file in t~ Engineer s Office to show
the new easemelt, and remove the original easement releaye¢ the City in conjunction with
the execution of th'is~greement. /
This easement sh~11 inure to the benefit of and/i, nd th~ ccessors and assigns of the
respective parties hereto.~AII covenants shall te~m .d to apply to and run with the title to
the land. ~ /
SIGNED this NN~y of ..... 1996.
~ CITY OF IOWA CITY, IOWA
BY:
Naomi J. Novick, Mayor
Jan K. Karr, City Clerk
OWNER
By:
Harold John
Jr.
Approved by:
By:
Allegra G. Dane
STATE OF
COUNTY
)
)SS:
)
On this day of , 1996, before me, the u~ Ined, a Notary Public in
and for said County, in said State, personally appeared Harol( Dane, Jr., and Allegra G.
Dane, to me personally known to be the identical persons herein, and who being by
me duly sworn did say that they executed the within foregoing instrument as their
voluntary act and deed.
Notary Public and for the State of
STATE OF IOWA )
) SS:
JOHNSON COUNTY )
On this __ day of
nd for said County, in said
to me personally known, who beir
City Clerk, respectively of said mu
the seal affixed thereto is the s,
signed and sealed on behalf of
municipal corporation; and th
execution of said instrurr
and by them voluntarily ex
before me, the undersigned, a Notary Public in
appeared Naomi J. Novick and Marian K. Karr,
~e me duly sworn, did say that they are the Mayor and
I corporation executing the foregoing instrument; that
.b~. municipal corporation; that said instrument was
municij~ corporation by authority of City council of said
Naomi and Marian K. Karr acknowledged that
be the volun act and deed of said municipal corporation
Notary Public in and the State of Iowa
Prepared by: Sarah E. Holecek. Asst. City Arty.. 410 E. Washington St., Iowa City. IA
RELEASE OF WATER MAIN AND COMMON AREA ACCESS
The City
Watermain
Plat attached
the title placed
originally shown
agreements are
County Recorder's
City, Iowa, does hereby release the property leg~
and "Released Common Area Access
"B" and incorporated by
'eon by those easements granted to
e Final Plat of D & L Subdivision,
in Book 1879, Page 287, et
~aid easements as s
descdbed as "Released
as designated on the
from a lien or cloud upon
City. These easements are
Iowa, and which easement
of the records of the Johnson
and described in Exhibit
"B" are hereby released.
The City retains
shown on sai
plat not released by this document.
CITY, IOWA
BY:
Naomi J. No¥ick, Mayor
STATE OF IOWA
JOHNSON COUNTY
On this __ day
for said County, in said:
personally known
respectively of said
affixed thereto
sealed on behalf
corporation; and
said instrument
voluntarily
Mari~ Karr, City Clerk
y, 1996 before me, the undersi
appeared Naomi J. Novick
me duly sworn, did say that they are the
corporation executing the foregoing
of said municipal corporation; that said
municipal corporation by authority of City council
the Naomi J. Novick and Madan K. Karr acknowledged tt'
voluntary act and deed of said municipal corporation
a Notary Public in nd
/ladan K. Karr, to me
and City Clerk,
that the seal
signed and
tid municipal
of
by them
Notary Public in and for the
Iowa
of
RESOLUTION NO. 96-34
RESOLUTION ACCEPTING THE WORK FOR THE IOWA CITY LANDFILL
LEACHATE CONTROL SYSTEM PROJECT.
WHEREAS, the Engineering Division has certified that the following improvements have been
completed in accordance with the plans and specifications of the City of Iowa City,
Construction of a leachate control system as constructed by Barker's, Inc, of Iowa
City, Iowa.
WHEREAS, a maintenance bond has been filed in the City Clerk's office.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, THAT:
Said public improvements are hereby accepted by the City of Iowa City, Iowa, and that all
dedications and public improvements are hereby formally accepted.
Passed and approved this 13th day of February ,1996.
CITY'CLERK
MAYOR ~/d~ (~. ~/~/~
Approved ~.
-C~ty Attorney s Office
It was moved by I Phman and seconded by
adopted, and upon roll call there were:
AYES: NAYS:
X
X
X
X
X
Norton
ABSENT:
the Resolution be
Baker
Kubby
Lehman
Norton
Novick
Thorn berry
Vanderhoef
ENGINEER'S REPORT
CITY OF I0 WA CITY
February 6, 1596
Honorable Mayor and City Council
Iowa City, Iowa
Re: Iowa City Landfill Leachate Control System Project
Dear Honorable Mayor and Councilpersons:
I hereby certify that the construction of the Iowa City Landfill Leachate Control
System Project has been completed in substantial accordance with the plans and
specifications prepared by Shive-Hattery Engineers and Architects of Iowa City. The
required maintenance bond is on file in the City Clerk's Office.
The final contract price is $434,528.90.
I recommend that the above-referenced improvemenu be accepted by the City of Iowa
City.
Sincerely,
Richard A. Fosse, P.E.
City Engineer
Prepared by: David Schoon, Eco. Dev. Coord., 410 E. Washington St., Iowa City, IA 52240 (319)356-5236)
RESOLUTION NO. 96-35
RESOLUTION APPROVING THE PROPERTY TAX EXEMPTION
APPLICATION FOR THE CITIZEN BUILDING PROJECT
WHEREAS, the Citizen Building Limited Partnership, Robert Burns, General Partner ("Owner")
is the owner of an 18-unit rental housing development (the "Project") located on the land (the
"Project Land") described in the Owner's Application for Property Tax Exemption under the Block
62 Urban Revitalization Plan (the "Application") attached hereto and incorporated herein in its
entirety as Attachment 1, in the City of Iowa City, County of Johnson, State of Iowa; and
WHEREAS, pursuant to the powers granted to it under Chapter 404 of the 1993 Code of Iowa,
as amended, the City of Iowa City, a municipal corporation (the "City") has designated Block 62
as an Urban Revitalization Area, and has adopted a plan outlining the qualifications for property
tax exemption eligibility and a property tax exemption schedule for those qualifying improvements;
and
WHEREAS, the Owner has applied to the City for a tax exemption under the Block 62 Urban
Revitalization Plan; and
WHEREAS, the Owner has represented to the City in the Application that the Project is qualified
real estate assessed as commercial property consisting of 3 or more living quarters with at least
75% of the space used for residential purposes, and that the qualified real estate will provide low
and/or moderate income housing for a minimum of fifteen (15) years under the criteria as defined
by the U.S. Department of Housing and Urban Development ("HUD"); and
WHEREAS, the Owner has agreed as required by the Urban Revitalization Plan, to preserve and
restore the historic features of the Project as outlined in the "Memorandum of Agreement
Submitted to the Advisory Council on Historic Preservation Pursuant to 36 CFE Section 800.6(a)";
and
WHEREAS, in order to create certain covenants running with the Project Land and the Project
thereon for the purpose of enforcing the qualifications for tax exemption eligibility under the Block
62 Urban Revitalization Plan, the Parties wish to execute and record Attachment 1, Addendum
"B", the "Agreement between the City of Iowa City and the Citizen Building Limited Partnership,
Robert Burns, General Partner and Declaration of Restrictive Covenants for Urban Revitalization
Tax Exemption" (the "Agreement"), restricting the use and transfer of the Project and the Project
Land; and
WHEREAS, the Owner, under this Agreement, intends, declares and covenants that the
regulatory and restrictive covenants set forth here'n govern'rig the use and transfer of the Project
and the Project Land shall be and are covenants running with the Project Land and the Project
Resolution No. 96-35
Page 2
thereon for the term stated herein and binding upon all subsequent owners of the Project and the
Project Land for such term, and are not merely personal covenants of the Owner.
WHEREAS, the attached application is for value added by eligible improvements made during
calendar year 1995, and was submitted after February 1, 1994 and before February 1, 1995; and
WHEREAS, the Application has been received, reviewed and recommended for approval by City
staff.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Iowa City, Iowa, that:
1) The Application for property tax exemption, including all subparts, is hereby received.
2) The following findings shall be adopted:
a)
The Application was filed on or before February 1 of the assessment year for
which the property tax exemption is claimed.
b)
The Application is for a project located in the Block 62 Urban Revitalization Area;
the project is in conformance with the Block 62 Urban Revitalization Plan; and the
improvements described in such applications were made during the time the Block
62 Urban Revitalization Area was so designated.
3)
The Application for tax exemption schedule number 4 of the Plan is approved subject to
review by the City Assessor under Section 404.5 of the Act, and subject to confirmation
of compliance by the Iowa City Community Development Coordinator.
4)
The Mayor is authorized and directed to sign, and the City Clerk to attest, the "Agreement
Between the City of Iowa City and the Citizen Building Limited Partnership, Robert Bums,
General Partner and Declaration of Restrictive Covenants for Urban Revitalization Tax
Exemption", attached hereto as Attachment 1, Addendum "B".
5)
The City Clerk shall forward a certified copy of this resolution and the attached Application
with its subparts to the City Assessor.
Passed and approved this 13th day of February
,1996.
ATTEST:/~~
CITY'CLERK
MAYOR
Resolution No. 96-35
Page 3
It was moved by Kubby and seconded by
adopted, and upon roll call there were:
Vanderhoef the Resolution be
AYES: NAYS: ABSENT:
X
Baker
· Kubby
Lehman
Norton
Novick
Thornberry
Vanderhoef
ADDENDUM "A"
Lot NO. TWO (2) in Block No. Sixty-two (62) Iowa City, Iowa,
according to the recorded plat thereof (except the east twenty (20)
feet thereof).
AND
The East Seventy-five (75) feet of Lot Three (3) in Block Sixty-two
(62) in Iowa City, Iowa, according to the recorded plat thereof.
ALSO, all of the grantor's right, title and interest in a right of
way and the right to light and air over the West Five (5) feet of
said Lot Three (3) in Block Sixty-two (62) in Iowa City, Iowa,
subject to easements, covenants and restrictions of record.
Further, Grantee in accepting this Deed, agrees on behalf of itself
and its successors and assigns to the following additional
covenants and restrictions:
1. The real estate described above shall not be used for the
manufacture of newspapers nor shall it be used by any newspaper
publisher.
2. The exterior appearance of the north side of the 1937 portion
of the building situated on the above-described real estate will be
preserved except for providing operable windows for natural
ventilation and emergency egress and habitable spaces.
AGREEMENT BETWEEN THE CITY OF IOWA CITY AND
THE CITIZEN BUILDING LIMITED PARTNERSHIP, ROBERT BURNS,
GENERAL PARTNER AND DECLARATION OF RESTRICTIVE COVENANTS FOR
URBAN REVlTALIZATION TAX EXEMPTION
THIS AGREEMENT AND RESTRICTIVE COVENANTS, entered into this ~'~J~ day of
February, 1996, by and between the City of Iowa City, a municipal corporation ("the City"), and
The Citizen Building Limited Partnership, Robert Bums, General Partner ("Owner"), is given in
furtherance of the grant of a property tax exemption under the criteria of the Block 62 Urban
Revitalization Plan adopted by the Iowa City City Council in December, 1993;
WITNESSETH:
WHEREAS, the Owner is or shall be the owner of a 18-unit rental housing development
(the "Project") located on the land described in Exhibit A attached hereto (the "Project Land")
in the City of Iowa City, County of Johnson, State of Iowa; and
VVHEREAS, pursuant to the powers granted to it under Chapter 404 of the 1993 Code
of Iowa, as amended, the City has designated Block 62 as an Urban Revitalization Area, and
has adopted a plan outlining the qualifications for property tax exemption eligibility and a
property tax exemption schedule for those qualifying improvements; and
WHEREAS, the Owner has applied to the City for a tax exemption under the Block 62
Urban Revitalization Plan; and
WHEREAS, the Owner has represented to the City in the Owner's Application for
Property Tax Exemption under the Block 62 Urban Revitalization Plan (the "Application") that
the Project is qualified real estate assessed as commercial consisting of 3 or more living
quarters with at least 75% of the space used for residential purposes, and that the qualified real
estate will provide low and/or moderate income housing for a minimum of fifteen (15) years
under the cdteda as defined by the U.S. Department of Housing and Urban Development
("HUD"); and
WHEREAS, in order to create certain covenants running with the Project Land and the
Project thereon for the purpose of enfoming the qualifications for tax exemption eligibility under
the Block 62 Urban Revitalization Plan, the Parties wish to execute and record this Agreement
restricting the use and transfer of the Project and the Project Land as set forth herein; and
WHEREAS, the Owner, under this Agraement, intends, declares and covenants that the
regulatory and restrictive covenants set forth herein governing the use and transfer of the
Project and the Project Land shall be and are covenants running with the Project Land and the
Project thereon for the term stated herein and binding upon all subsequent owners of the
Project and the Project Land for such term, and are not merely personal covenants of the
Owner.
NOW, THEREFORE, in consideration of the promises and covenants hereinafter set
forth, and of other valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, the Parties agree as follows:
1
Section 1. Definitions.
All words and phrases defined in Chapter 404 of the 1993 Code of Iowa, as amended,
and by the Block 62 Urban Revitalization Plan adopted thereunder shall have the same
meanings in this Agreement. Further, all words and phrases defined by HUD regulations
pertaining to low and/or moderate income housing shall have the same meanings in this
Agreement.
Section 2. Recordin.cl and Filinq: Covenants to Run With the Land.
(a) Upon execution and delivery by the Owner, the Owner shall cause this Agreement
and all amendments hereto to be recorded and filed in the official public land deed records of
Johnson County, Iowa, and shall pay all fees and charges incurred in connection therewith.
Upon recording, the Owner shall immediately transmit to the City an executed odginal of the
recorded Agreement showing the date, deed book and page numbers of record. The Owner
agrees that the City will not finalize the grant of a property tax exemption upon the Project and
Project Land unless and until the City has received the recorded executed original of the
Agreement, the City Assessor has inspected and approved the property for compliance with
residential use qualifications, and the Iowa City Community Development Coordinator has
received and approved the documentation necessary to establish compliance with the low
and/or moderate income housing qualifications.
(b) The Owner intends, declares and covenants, on behalf of itself and all future Owners
and operators of the Project and the Project Land during the term of this Agreement, that this
Agreement and the covenants and restrictions set forth in this Agreement regulating and
restricting the use, occupancy and transfer of the Project and the Project Land (i) shall be and
are covenants running with the Project Land and the Project thereon, encumbering the Project
Land and the Project for the term of this Agreement, binding upon the Owner's successors in
title and all subsequent Owners and operators of the Project and the Project Land; (ii) are not
merely personal covenants of the Owner; and (iii) shall bind the Owner and its respective
successors and assigns dudng the term of this Agreement; and (iv) the benefits shall inure to
the City and any past, present or prospective tenant of the Project. The Owner hereby agrees
that any and all requirements of the laws of the State of Iowa to be satisfied in order for the
provisions of this Agreement to constitute deed restrictions and covenants running with the
Project Land and the Project thereon shall be deemed to be satisfied in full, and that any
requirements of privileges of estate are intended to be satisfied, or in the alternate, that an
equitable servitude has been created to insure that these restrictions run with the Project Land
and the Project thereon. For the longer of the period the property tax exemption is claimed or
the term of this Agreement, each and every contract, deed or other instrument hereafter
executed conveying the Project or the Project Land or any portions thereof shall expressly
provide that such conveyance is subject to this Agreement, provided, however, the covenants
contained herein shall survive and be effective regardless of whether such contract deed or
other instrument hereafter executed conveying the Project or the Project Land or portions
thereof provides that such conveyance is subject to this Agreement.
Section 3. Representations, Covenants and Warranties of the Owner.
The Owner hereby represents, covenants and warrants as follows:
(a) The Owner (i) is a Limited Partnership duly organized under the laws of the State
of Iowa, and is qualified to transact business under the laws of the State of Iowa; (ii) has the
power and authority to own its properties and assets and to carry on its business now being
2
conducted; and (iii) has the full legal right, power and authority to execute and deliver this
Agreement.
(b) The execution and performance of this Agreement by the Owner (i) will not violate
or, as applicable, have not violated any provision of law, rule or regulation, or any order of any
court or other agency or governmental body; (ii) will not violate or, as applicable, have not
violated any provisions of any indenture, agreement, mortgage, mortgage note, or other
instrument to which the Owner is a party or by which it or the Project or the Project Land is
bound; and (iii) will not result in the creation or imposition of any prohibited encumbrance of any
nature.
(c) The Owner will, at the time of execution and delivery of this Agreement, have good
and marketable title to the Project Land, and has, or upon completion of construction thereof
shall have, good and marketable title to the Project free and clear of any lien or encumbrance
(subject to encumbrances created pursuant to this Agreement, any encumbrances created by
land use restrictive covenants for low-income housing credits, any loan documents relating to
the Project, or other permitted encumbrances).
(d) There is no action, suit or proceeding at law or in equity or by or before any govern-
mental instrumentality or other agency now pending, or, to the knowledge of the Owner, threat-
ened against or affecting it, or any of its properties or rights which, if adversely determined,
would materially impair its right to carry on business substantially as now conducted (and as
now contemplated by this Agreement) or would materially adversely affect its financial condi-
tion.
(e) The Project constitutes or will constitute qualified real estate assessed as commercial
property consisting of three or more separate living quarters with at least seventy-five percent
of the Project space used for residential purposes, as defined in the Block 62 Urban Revitaliza-
tion Plan, which plan is hereby incorporated by reference herein, and said 75% of the Project
space will provide low and/or moderate income housing for a minimum of fifteen (15) years
under the criteria established by HUD.
(t} During the term of this Agreement, the Project shall continue to constitute qualified
real estate assessed as commercial property consisting of three or more separate living
quarters with at least seventy-five pement of the Project space used for residential purposes,
as defined in the Block 62 Urban Revitalization Plan, and said 75% of the Project space will
provide low and/or moderate income housing for a minimum of fifteen (15) years under the
criteria established by HUD.
(g) Each unit in the Project contains complete facilities for living, sleeping, eating,
cooking and sanitation (unless the Project qualifies as a single-room occupancy project or
transitional housing for the homeless under applicable HUD regulations) which are to be used
on other than a transient basis.
(h) The Owner agrees it cannot refuse to lease to a holder of a voucher or certificate
of eligibility under section 8 of the United States Housing Act of 1937 because of the status of
the prospective tenants as such a holder.
(i) The Owner agrees to comply fully with the requirements of the Fair Housing Act as
it may from time to time be amended.
3
(j) During the term of this Agreement, the Owner covenants, agrees and warrants that
at least 75% of the Project space is and will remain suitable for residential occupancy and is
and will be rented to low and/or moderate income tenants.
(k) Subject to the requirements of this Agreement, the Owner may sell, transfer or
exchange the entire Project and the Project Land at any time, but the Owner shall notify in
writing and obtain the agreement of any buyer or successor or other person acquiring the
Project and the Project Land or any interest therein that such acquisition is subject to the
requirements of this Agreement and applicable regulations. This provision shall not act to waive
any other restriction on sale, transfer or exchange of the Project. The Owner agrees that the
City may void any property tax exemption granted on the Project or the Project Land if the
buyer or successor or other person fails to assume in writing the requirements of this Agree-
ment and the requirements of the Block 62 Urban Revitalization Plan.
(I) The Owner agrees to notify the Office of the Iowa City Assessor and the Office of the
Iowa City Community Development Coordinator in wdting of any sale, transfer or exchange of
the entire Project or any portion of the Project or the Project Land.
(m) The Owner acknowledges and agrees that the City may void and/or act to recapture
any property tax exemption granted on the Project or the Project Land if the Owner or succes-
sor or assign fails to meet the requirements of this Agreement and the requirements of the
Block 62 Urban Revitalization Plan.
Section 4. Term of Property Tax Exemption; Term of Aclreement.
(a) Owner acknowledges it has elected the fourth property tax exemption schedule
under the Block 62 Urban Revitalization Plan, and provided that the property continues to
comply with the provisions of paragraph 3(f) above, said Project is eligible to receive a one
hundred percent property tax exemption from taxation on the actual value added by the Project
improvements for a period of ten years. The Owner agrees that the City will not finalize the
grant of a property tax exemption upon the Project and Project Land unless and until the City
has received the recorded executed original of this Agreement, the City Assessor has inspected
and approved the property for compliance with residential use qualifications, and the Iowa City
Community Development Coordinator has received and approved the documentation necessary
to establish compliance with the low and/or moderate income housing qualifications.
(b) Except as hereinafter provided, this Agreement shall commence on the first day of
the tax year in which Owner's application for exemption is approved and entered of record in
the Office of the Iowa City Assessor, and shall end on December 31st of the fifteenth tax year
thereafter.
(c) The obligations of the Owner as set forth herein and in the Application shall survive
the grant of the property tax exemption and shall not be deemed to terminate or merge with the
allowance of the property tax exemption.
Section 5. Use and Occupancy Restrictions
The Owner represents and warrants and covenants throughout the term of this Agree-
ment that, in satisfaction of the requirements for tax exemption under the Block 62 Urban
Revitalization Plan, the Project consists of three or more separate living quarters and at least
75% of the Project space is and will be rented to low and/or moderate income tenants as
defined by HUD.
4
Section 6. Enfomement of Use Restrictions; Performance and Reportin9.
(a) Owner acknowledges and agrees that the City may void and/or act to recapture any
property tax exemption granted on the Project or the Project Land if the Owner, his successor
or assign fails to meet the requirements of this Agreement and the requirements of the Block
62 Urban Revitalization Plan.
(b) The Owner shall permit, during normal business hours and upon reasonable
notice, any duly authorized representative of the Office of the Iowa City Assessor and/or the
Office of the Iowa City Community Development Coordinator to inspect the Project premises
and any books and records of the Owner regarding the Project which pertain to compliance
with the Use and Occupancy Restrictions or any other terms specified in this .Agreement.
(c) Owner shall maintain client data demonstrating tenant eligibility for housing provided.
Such data shall include, but not be limited to a signed and dated verification of income state-
ment, or other basis for determining eligibility, and description and duration of housing provided.
Owner shall submit this and any other information, documents or certifications requested by the
Office of the Iowa City Assessor and/or the Office of the Iowa City Community Development
Coordinator which may be requested to substantiate the Owner's continuing compliance with
the provisions of this Agreement.
(d) Owner shall retain financial records, supporting documents, statistical records, and
all other records pertaining to the terms and use restrictions of this Agreement for a period of
three (3) years from the termination of this Agreement.
Section 7. Miscellaneous.
(a) Severability. The invalidity of any clause, part or provision of this Agreement shall
not effect the validity of the remaining portions thereof.
(b) Notices. All notices to be given pursuant to this Agreement shall be in wdting and
shall be deemed given when mailed by ordinary mail to the parties hereto at the addresses set
forth below, or to such other place as a party may from time to time designate in writing.
To the City Assessor:
City Assessor's Office
913 S. Dubuque Street
Iowa City, Iowa 52240
To the Iowa City Community
Development Coordinator: Iowa City Community Development Coordinator
410 E. Washington Street
Iowa City, Iowa 52240
To the Owner:
The Citizen Building Limited Partnership
319 E, Washington Street
Suite 111
Iowa City, Iowa 52240
Affention: Mr. Robert Burns
General Partner
5
The Assessor, Iowa City Community Development Coordinator and/or the Owner may,
by notice given hereunder, designate any further or different addresses to which subsequent
notices, certificates or other communications shall be sent.
(c) Governin(3 Law. This Agreement shall be governed by the laws of the State of Iowa
and, where applicable, the laws of the United States of America.
(d) Survival of Obligations. The obligations of the Owner as set forth herein and in the
Application shall survive the grant of the property tax exemption and shall not be deemed to
terminate or merge with the allowance of the property tax exemption.
IN WITNESS WHEREOF, the Owner has caused this Agreement to be signed by its
duly authorized representatives, as of the day and year first wdtten above.
Dated this l~'~day of Fe,[31'~/,.~u/'y ,1996.
OWNER
The Citizen Building Limited Partnership
Name: Robert P. Bums
Title: General Partner
A']-I'EST:
Name:
Title:
CITY OF IOWA CITY, IOWA
Naon'li J. N(~ick( Mayor
Approved by:
Man'an-'E. Karr, City Clerk
City Attorney's Office
6
STATE OF IOWA )
) SS:
JOHNSON COUNTY )
On this /2 day of ~,r~,'#, 1996, before me, the undersigned, a Notary Public in
nd for said County, in said State, pe~onally appeared Naomi J. Novick and Maclan K. Karr, to
me personally known, who being be me duly sworn, did say that they are the Mayor and City
Clerk, respectively of said municipal corporation executing the 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 City council of said municipal
corporation; and that the said Naomi J. Novick and Madan K. Karr acknowledged that execution
of said instrument to be the voluntary act and deed of said municipal corporation and by them
voluntarily executed.
-,~o-,~ ~,z ~-~
Notary Public in and for the State of Iowa
STATE OF IOWA )
) SS
COUNTY OF JOHNSON )
On this ~ day of February, 1996, before me, the undersigned, a Notary Public in and
for the State of Iowa, personally appeared Robert P. Burns to me personally known, who being
by me duly sworn did say that he is a general partner of The Citizen Building LP, the partner-
ship executing the within and foregoing Mortgage and to which this is attached; that said
instrument was signed on behalf of said partnership and that the said Robert P. Bums as such
general partner, acknowledged the execution of said instrument to be the voluntary act and
deed of said partnership by it and by (him/her) voluntarily executed.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal.
(Seal)
'-'~~i~ and for the S~~ta e of
Notary Public'
Iowa
7
Exhibit A
Legal Description
Lot No. Two (2) in Block No. Sixty-two (62) Iowa City, Iowa, according to the recorded plat
thereof (except the east twenty (20) feet thereof).
AND
The East Seventy-five (75) feet of Lot Three (3) in Block Sixty-two (62) in Iowa City, Iowa,
according to the recorded plat thereof. ALSO, all of the grantor's dght, title and interest in a
right of way and the right to light and air over the West Five (5) feet of said Lot Three (3) in
Block Sixty-two (62) in Iowa City, Iowa, subject to easements, covenants and restrictions of
record.
Further, Grantee in accepting this Deed, agrees on behalf of itself and its successors and
assigns to the following additional covenants and restrictions:
1. The real estate described above shall not be used for the manufacture of newspapers
nor shall it be used by any newspaper publisher.
2. The exterior appearance of the north side of the 1937 portion of the building situated
on the above-described real estate will be preserved except for providing operable windows for
natural ventilation and emergency egress and habitable spaces.
8
ADDENDUM "C"
To
Application for Property Tax Exemption
Under the Block 62 Urban Revitalization Plan
Residential
Floor Uses Area
Basement Parking 8,820 SF
Tenant Storage
Building Mechanical
Elevator
Stalrs
First Ai3artments (8) 7,646 SF
Corridor
Historical display
end commons
Elevator
Stairs
Second Apartments (10) 8,817 SF
Laundry
Corridor
Elevator
Stairs
Non-Residential
Uses
Management Office
Area
1,545 SF
1,545 SF I
1,545 SF -- 5.76%
26,827 SF
9203~,TABLE.1
ADDENDUH "B"
AGREEMENT BETWEEN THE CITY OF IOWA CITY AND
THE CITIZEN BUILDING LIMITED PARTNERSHIP. ROBERT BURNS,
!RAL PARTNER AND DECLARATION OF RESTRICTIVE COVENANTS F(
URBAN REVITALIZATION TAX EXEMPTION
THIS IT AND RESTRICTIVE COVENANTS, entered into this day of
February, 1996, md between the City of Iowa City, a municipal cor City"), and
The Citizen Buildin Partnership, Robert Burns, General Partner is given in
furtherance of the property tax exemption under the cdteda Block 62 Urban
Revitalization Plan ado by the Iowa City City Council in De~ 1993;
W1TNESSETH:
WHEREAS, the Owner i~
(the "Project") located on the land,
in the City of Iowa City, County of
~all be the owner of a
'ibed in Exhibit A atta
n, State of Iowa
~using development
hereto (the "Project Land")
WHEREAS, pursuant to the r.,owers anted to it ~der Chapter 404 of the 1993 Code
of Iowa, as amended, the City has desk an Urban Revitalization Area, and
has adopted a plan outlining the q tax exemption eligibility and a
property tax exemption schedule for those qualifyi improvements; and
WHEREAS, the Owner has applied to t
Urban Revitalization Plan; and
a tax exemption under the Block 62
WHEREAS, the Owner has rep,
Property Tax Exemption under the
the Project is qualified real estate
quarters with at least 75% of the s
estate will provide low and/or m
under the criteria as defined
("HUD"); and
to the n the Owner's Application for
Revitaliz Plan (the "Application") that
as commercial of 3 or more living
for residential purand that the qualified real
income housing for aum of fifteen (15) years
U.S. Department of Housing Urban Development
WHEREAS, in
Project
the Block 62 Urban
restricting the
to create certain covenants running
)ose of enforcing the qualifications for tax
Plan, the Parties wish to execute and
transfer of the Project and the Project Land as set
Land and the
eligibility under
~is Agreement
erein; and
the Owner. under this Agreement. intends, that the
regulatory restrictive covenants set forth herein governing the use and tran~r of the
Project )ject Land shall be and are covenants running w~th the Project and the
Proje¢ for the term stated herein and binding upon all subsequent own of the
Pro and the Project Land for such term, and are not merely personal the
NOW, THEREFORE, in consideration of the promises and covenants hereinafter ~et
forth, and of other valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, the Parties agree as follows:
Secbon I Definitions
and bl
Ag
All words and phrases defined in Chapter 404 of the 1993 Code of Iowa, as a
the Block 62 Urban Rewtahzation Plan adopted thereunder shall same
m this Agreement Further. all words and phrases defined by HUI' ulations
to low and/or moderate income housing shall have the same m( in this
Section 2 rdinq and Filinq: Covenants to Run With the Land.
(a) Upon
and all;
Johnson County,
Upon recording. the
recorded Ag
agrees that the Cit,
Project Land unless
Agreement. the
residential use q
received and approved the
and/or moderate income
and delivery by the Owner, the Owner sh~
hereto to be recorded and filed in the official
t, and shall pay all fees and charges '
shall immediately transmit to the
the date, deed book and page
3t finalize the grant of a property ta
until the City has received the
has inspected and a
and the Iowa City Corn
,cumentation necessa~
qualifications.
cause this Agreement
land deed records of
in connection therewith.
an executed odginal of the
of record. The Owner
upon the Project and
executed odginal of the
the property for compliance with
Development Coordinator has
to establish compliance with the low
(b) The Owner intend..
and operators of the Pro
Agreement and the
restricting the use, occupancy
are covenants running with the Project L
Land and the Project for the term of thi.,
title and all subsequent Owners and
merely personal covenants of the
successors and assigns during the
the City and any past. present
that any and all requirements laws of the
prows~ons of this Agreemen constitute deed
Project Land and the
requirements of pdvile
equitable servitude has
and the Project there,
the term of this
executed conveyir
provide that
contained
other
thereof
res and on behalf of itself and all future Owners
~rojectdudng the term of this Agreement, that this
set forth in this Agreement regulating and
the Project and the Project Land (i) shall be and
and the Project thereon. encumbering the Project
binding upon the Owner's successors in
of the Project and the Project Land; (ii) are not
(i~i) shall bind the Owner and its respective
reement; and (iv) the benefits shall inure to
thereon shall be
estate are intended to
created to insure that these
For the longer of the period the
. each and every contract.
Project or the Project Land or an
rance ~s subject to th~s Agreement.
shall survwe and be effective regardless of
hereafter executed conveying the Project or
that such conveyance ~s subject to this Ag
the Project. The Owner hereby agrees
of Iowa to be satisfied in order for the
ictions and covenants running with the
to be satisfied in full. and that any
satisfied, or in the alternate, that an
.~strictions run with the Project Land
' tax exemption is claimed or
or other instrument hereafter
thereof shall expressly
however. the covenants
such contract deed or
lect Land or portions
Section
3resentations, Covenants and Warranties of the Owner.
Owner hereby represents, covenants and warrants as follows
(a) The Owner (i) is a Limited Partnership duly organized under the laws of the State
and is qualified to transact business under the laws of the State of Iowa; (ii) has the
and authority to own its properties and assets and to carry on ~ts business now being
conducted; and (m) has the full legal right, power and authority to execute and dehver this
Agreement.
(b) The execution and performance of this Agreement by the Own,
or, as apphcable, have not violated any provision of law, rule or
court or other agency or governmental body; (ii) will not violate or,
wolated any provisions of any indenture, agreement, mortgage,
instrument to which the Owner is a party or by which it or the Pt,
bound; and (ii will not result in the creation or imposition of any
nature.
(i) will not violate
y order of any
applicable. have not
note, or other
or the Project Land is
encumbrance of any
(c)
and marketable
shall have good
(subject to
land use restrictive
the Project, or other
at the time of execution and deli,
to the Project Land, and has, or upc
marketable title to the Project free
~ces created pursuant to this Ag~
;nants for low-income housir
encumbrances).
of this Agreement, have good
)letion of construction thereof
clear of any lien or encumbrance
any encumbrances created by
any loan documents relating to
(d) There
mental instrumentality
ened against or affecting it,
would materially impair its
now contemplated by this
tion.
suit or pmceedir or in equity or by or before any govem-
agency now , or, to the knowledge of the Owner, threat-
~ny of its or rights which, if adversely determined,
~ carry or ~siness substantially as now conducted (and as
materially adversely affect its financial condi-
(e) The Project constitutes or ~
property consisting
of the Project space used for resid~
tion Plan, which plan is hereby i
space will provide low and/or
under the criteda established HUD.
qualified real estate assessed as commercial
living quarters with at least seventy-five percent
3ses, as defined in the Block 62 Urban Revitaliza-
reference herein, and said 75% of the Project
housing for a minimum of fifteen (15) years
(0 Dudng the term Agreement, the
real estate assessed a,' property
quarters with at least percent of the
as defined in the BIo~62 Urban Revitalization Plan
provide low and/or income housing for a
cntena est HUD.
act shall continue to constitute qualified
)g of three or more separate living
used for residential purposes,
75% of the Project space will
of fifteen (15) years under the
(g) Eac in the Project contains complete for living, sleeping, eating,
cooking and (unless the Project qualifies as a sin(occupancy project or
transitional for the homeless under applicable HUD re(~ulati~s) which are to be used
on other tl' transient basis. ~
~)The Owner agrees it cannot refuse to lease to a holder of a v~ucher or certificate
of eli ~ility under section 8 of the United States Housing Act of 1937 became of the status of
the ,spective tenants as such a holder ~
(i) The Owner agrees to comply fully with the requirements of the Fair Ho0s~ng Act as
from time to time be amended. ~
(j) During the term of th~s Agreement. the Owner covenants, agrees an(
at least 75% of the Project space is and will remain suitable for residential occu
and will be rented to low and/or moderate income tenants.
that
and is
(k) Subject to the requirements of this Agreement, the Owner
:change the enbre Project and the Project Land at any time, but the
]g and obtain the agreement of any buyer or successor or other
and the Project Land or any interest therein that such
nents of this Agreement and applicable regulations. This
any ' restriction on sale, transfer or exchange of the Project.
City ma any property tax exemption granted on the
buyer or cessor or other person fails to assume in writing
ment and
transfer or
shall notify in
acquiring the
is subject to the
shall not act to waive
e Owner agrees that the
or the Project Land if the
requirements of this Agree-
uirements of the Block 62 Urban Plan.
(I) The
Iowa City Corem
the entire Project
9r agrees to notify the Office
Development Coordinator in
of the Project or the
Assessor and the Office of the
, sale, transfer or exchange of
ect Land.
(m) The Owner a,
any property tax
sot or assign fails to meet
Block 62 Urban Revitalization
es and agrees
anted on the Pro
.quiremerits
the City may void and/or act to recapture
Project Land if the Owner or succes-
Agreement and the requirements of the
Section 4. Term of Property Tax
of Aqreement.
(a) Owner acknowledges it has
under the Block 62 Urban
comply with the provisions of
hundred percent property tax
improvements for a period of ter
grant of a property tax exempti~
has received the recorded
and approved the property
Community Development ~
to establish compliance
3(0
The
upon the Project
inal of this A¢
)liance with
eceived and a
the low and/or moderate
the fourth property tax exemption schedule
and provided that the property continues to
said Project is eligible to receive a one
the actual value added by the Project
agrees that the City will not finalize the
Project Land unless and until the City
the City Assessor has inspected
se qualifications, and the Iowa City
the documentation necessary
housing qualifications.
(b) Except as
the tax year ~n whi~
the Office of the
thereafter.
provided, this Agreement shall
application for exemption is a
City Assessor, and shall end on December
~mmence on the first day of
and entered of record in
~f the fifteenth tax year
(c)
the grant
ations of the Owner as set forth herein and in the
tax exemption and shall not be deemed to termin
property tax exemption.
shall survive
· merge with the
Secb,
Use and Occupancv Restrictions
The Owner represents and warrants and covenants throughout the term of
that, m satisfaction of the requirements for tax exemption under the Block
ation Plan, the Project consists of three or more separate living quarters and
75% of the Project space is and wdl be rented to low and/or moderate income
defined by HUD.
ree-
rban
ast
Secbon 6. Enforcement of Use Restrictions; Performance and Reoortinq
(a) Owner acknowledges and agrees that the City may void and/or act
property tax exemption granted on the Project or the Project Land if the
...or assign fails to meet the requirements of this Agreement and the
Urban Revitalization Plan.
(b) The Owner shall permit, dudrig normal business upon reasonable
notice, any duly authorized representative of the Office of the' Assessor and/or the
Offic~of the Iowa City Community Development Coordinator to )ect the Project premises
and .a,h~.b. ooks and records of the Owner regarding the Proj,.,.c.~ich perta n to compliance
,_ ,(? m int i. aata a. o.st ati g te .t hou i.g prev, ea
Such data sha~nclude, but not be limited to a signed in,de:e( ve~fication of income state-
ment or~?~a~ for dete~ining eligibility. and descd }~on and duration of housing provided.
Owner ~ha~ submi~is and any ether info.etlon. docuj ~ents or ce~ifications requested by the
Offic~??~. ~ C~t~ssessor and/or the Office of~ e Iowa City Communi~ Development
Coordinator which maybe requested to subst mtiat~th OwneFs continuing compliance with
(d) O~er she, retain ~ncial records ~u~.~. documents, statistical records, and
all other ~eco?~ ~ainin~o th~erms and ~e restric of this Agreement for a pe~od of
three (3) years from the terminatio~ eement.
Section 7. Miscellaneous.
any
his successor
of the Block
(a) Severability. The invalidity
not effect the validity of the remainir
part or provision of this Agreement shall
mereof.
(b) Notices. All notices given
shall be deemed given when by ordinary
forth below, or to such other as a
this Agreement shall be in writing and
the parties hereto at the addresses set
to time designate in writing.
To the City Assessor:
, Assessor's Office
913 S. Dubuque Street
Iowa City, Iowa 52240
To the Iowa City
Development Co~
Iowa City Community Development
410 E. Washington Street
Iowa City, Iowa 52240
The Citizen Building Limited Partnership
328 E. Washington Street
Suite 201
Iowa City, Iowa 52244
Attention: Mr. Robert Burns
General Partner
nator
The Assessor, Iowa City Community Development Coordinator and/or the (
by notice given hereunder, designate any further or different addresses to which s
notices, certificates or other communications shall be sent.
uent
(c) Governinq Law. This Agreement shall be governed by the laws of:
where applicable, the laws of the United States of America.
of Iowa
termin
(d) Survival of Obliclations. The obligations of the Owner
ion shall survive the grant of the property tax exemption and
or merge with the allowance of the property tax exem
herein and in the
not be deemed to
IN TNESS WHEREOF, the Owner has caused this
duly representatives, as of the day and year first
to be signed by its
day of ,19,(
OWNER
The Citizen Bull, Limited Partnership
By:
Name: P. Bums
Partner
Title:
Approved
CITY OF IOWA CITY, IO~A
BY:
Naomi J. Novick, Mayor
ATTEST:
Marian K. Karr, City
STATE OF IOWA )
) SS:
JOHNSON COUNTY )
seal
COl
of said
voluntarily
On this __ day of ,1996, before me, the undersigned, Notary Public in
said County, in said State, personally appeared Naomi J. NovickMarian K. Karr, to
known, who being be me duly sworn, did say that theyMayor and City
respectively of said municipal corporation executing the foreg,instrument; that the
thereto is the seal of said municipal corporation; instrument was signed
behalf of said municipal corporation by authority of (; ~ council of said municipal
and that the said Naomi J. Novick and Madan
to be the voluntary act and deed of said mu~ corporation and by them
Notary Public in
of Iowa
STATE OF IOWA
)
COUNTY OF JOHNSON )
On this __ day
for the State of Iowa, personall
by me duly sworn did say that he is age
ship executing the within and forego~r
instrument was signed on
general partner, acknowledged the
deed of said partnership by it and (him/her)
me, the undersigned, a Notary Public in and
Bums to me personally known, who being
her of The Citizen Building LP, the partner-
lage and to which this is attached; that said
) and that the said Robert P Burns as such
id instrument to be the voluntary act and
dly executed.
IN WITNESS WHEREOF, I
set my ~d official seal.
Notary Public in and f~the State of Iowa
(Seal)
Exhibit A
Legal Description
No. Two (2) in Block No. Sixty-two (62) Iowa City, Iowa, according to
the east twenty (20) feet thereof).
plat
AND
The East
according to
right of way and
Block Sixty-two
record.
(75) feet of Lot Three (3) in Block Sixty-two
plat thereof. ALSO, all of the grantor's
dght to light and air over the West Five (5)
Iowa City, Iowa, subject to easements
in Iowa City, Iowa,
title and interest in a
of said Lot Three (3) in
and restrictions of
Further, Grantee in
assigns to the following
this Deed, agrees on beh~
covenants and
itself and its successors and
1. The real estate described
nor shall it be used by any newsp~
shall not be
>ublisher.
for the manufacture of newspapers
2. The exterior appearance of the
on the above-described real estate will be
natural ventilation and emergency egress
the 1937 portion of the building situated
except for providing operable windows for
habitable spaces.
ADDENDUM "C"
To
Application for Property Tax Exemption
Under the Block 62 Urban Revitalization
Floor Area
16,200 Sq. Ft.
NomResid~
Laundry
Historical Dis
Management Offi,
Floor Area
and Commons
147 Sq. Ft.
518 Sq. Ft.
1,545 Sq.Ft.
2,210 Sq. Ft.
Total Floor Area
18,410 Sq. Ft.
Non-Residential Area
Total Floor Area
= 2,210 Sq. Ft. = 12%
18,410 Sq. Ft.
City of Iowa City
MEMORANDUM
Date:
February 9, 1996
To:
From:
City Council
David Schoon, Economic Development Coordinator~----
Re:
Application for Property Tax Exemption for the Citizen Building Project
In December 1993 at the request of the Citizen Building Limited Partnership (Bob Burns,
General Partner) the City Council adopted the Block 62 Urban Revitalization Plan. The primary
objective of the plan is "to encourage the adaptive reuse of historic and architecturally
significant structures in the revitalization area for housing for low and moderate income
households" through property tax exemption. Though all of Block 62 was designated as an
urban revitalization area, the Council's reason for adopting the urban revitalization plan was
to encourage the adaptive reuse of tho old Press Citizen building for housing for low and
moderate income persons who are elderly and/or persons with disabilities. State law requires
the owner of the property to apply for the specific tax exemption by February 1 of the
assessment year for which the exemption is first claimed.
On the Council's February 13, 1996, agenda is a resolution approving the property tax
exemption application for the Citizen Building project. The improvements to the site are
complete and the units are all rented. The applicant is applying for property tax exemption
for the additional value of improvements made to the site during 1995. The application
complies with the requirements of the Block 62 Urban Revitalization Plan and is eligible to
receive, for a period of ten years, a one hundred percent exemption from taxation on the
actual value added by the improvements.
Description of Project
The Citizen Building project consists of 18 one-bedroom rental housing units for low and
moderate income persons who are elderly and/or persons with disabilities. In addition to the
residential units, the project contains approximately 2,200 square feet of non-residential floor
area, which equals approximately 12% of the total floor area. The complete breakdown of
the floor area is included in Addendum C of the application.
Attached you will find a memo from Marianne Milkman and me dated September 24, 1993.
The memo briefly describes the project, summarizes the sources of funds used for the project,
and describes the establishment and use of property tax exemption for the project. I would
point out that the amount of tax savings the developer will receive as a result of the property
tax exemption was estimated at $150,000 in the September 24, 1993 memo. The true
amount of tax savings for the property owner will not be determined until the City Assessor
determines the additional value of improvements made to the site during 1995. The City
Assessor's official determination will not occur until after the City Assessor receives this
application from the City.
Adoption of the resolution approving the property tax exemption includes approval of an
agreement between the City and The Citizen Building Limited Partnership. In essence the
agreement requires that the project continue to constitute qualified real estate assessed as
commercial property consisting of three or more separate living quarters with at least 75%
of the project space used for residential purposes. The residential units on the site must
provide low and/or moderate income housing for a period of fifteen years.
In order to demonstrate adaptive reuse of this historic and architecturally significant structure,
the project was reviewed by the Historic Preservation Commission as is required by the urban
revitalization plan. The Commission has reviewed the project and the City and property owner
have entered into an agreement regarding the adaptive reuse of the Citizen Building.
I will be present at your February 13, 1996, work session and formal council meeting. If you
have any questions regarding the property tax exemption, please call me at 356-5236. If you
have any qu~;stions regarding the project in general and other funding sources for the project,
please contact Marianne Milkman at 356-5244.
CO:
Bob Burns
Director, Planning and Community Development
Community Development Coordinator
CityAssessor
City of Iowa City
MEMORANDUM
Date:
September 24, 1993
To:
From:
C~ty Council and City Manager
David Schoon, Economic Development Coordinator'~-:~
t~'~.Marianne Milkman, Community Development Coordinator
Re:
Property Tax Exemption for the Citizen Building Project
General Information
The Citizen Building Limited Partnership is moving full-steam ahead with plans to acquire the
old Iowa City Press-Citizen Building and convert it to 18 one-bedroom units affordable to low
income persons who are elderly or disabled. Federal, state and private funding is now in place
with the exception of formalizing the tax exemption to be granted by the City after the
approval of the Urban Revitalization Plan.
Public monies for this project include:
Direct grants:
CDBG
HOME Investment Partnership
Iowa Finance Authority
$30,000
$400,000
$15,000
Other public subsidies, in the form of taxes that are forgiven over a period of years, are the
property tax exemption from the City ot approximately $150,000 over ten years, and the
federal Low Income Housing Tax Credit (LIHTC) worth about $165,000 over ten years. The
LIHTC is the incentive to get private investors for the project. The total funds for the project,
from various sources including private monies, are $2.16 million.
The project is preserving the facade of the budding, as well as all of the exterior features of
the original structure. (The 1968 addition to the building is being demolished.) The only
change to the exterior will be the inserbon of windows which can be opened. These windows
will maintain the overall "block" appearance and w~il be approved by the State Historic
Preservation Office ~n a Memorandum of Agreement. Mr. Burns stfil hopes to build 48
additional umts on the south s~de of the building in the future.
ProDarty Tax Exemption
The Resolution on the Cou~;c~l'3 agenda ~s the first step ~n establishing property tax exemption
for the Citizen Budding P~oject. Attachment 1 hsts a proposed schedule for the steps in
establishing property tax exem. pt~on for the site. The steps in the process are basically the
following. The City designdr,,s a;; area as an urban revitalization area by ordinance; the City
then adopts, by resolution, at, urban rewtalizabon plan for the area. Once this has been
established, a developer within the proposed urban revitalization area is then able to apply to
2
the C~ty Councd for property tax exemptran for the added value of improvements to the site.
Once the City Council grants the exemption, the application is sent to the City Assessor to
determine if the added value of improvements meet all of the requirements.
The proposed rewtalization area includes the entire block on which the Press-Citizen Building
is located, Block 62. The wording of State Code implies that an urban revitalization area
cannot consist of only one building. Designating the entire block will provide an opportunity
to encourage the preservation of historic and architecturally significant buildings on the block
through adaptive reuse of the these buildings, when appropriate, for housing for low and
moderate income households.
According to the proposed plan, proposed projects within the revitalization area must meet
all of the following criteria to qualify for property tax exemption:
Provide housing for low and moderate income households through the adaptive reuse
of historic or architecturally s~gnificant buildings.
Be qualified real estate which'includes real estate assessed as residential property or
assessed as commercial property, if the commercial property consists of three or more
separate living quarters with at least seventy-five percent of the space used for
residential purposes. (The remaining twenty-five percent of the space could be used
for other commercial uses such as office space).
Be eligible construction which includes rehabilitations and additions to qualified real
estate which increase the actual value of the property as of the first year for which an
exemption is received by at least fifteen (15) percent in the case of real property
assessed as commercial property, or at least ten (10) percent in the case of real
property assessed as residential property.
The proposed plan includes four tax exemption schedules from which an eligible property
owner can select. As discussedthis past May, Schedule 4 is the schedule that will be used
for the Citizen Building Project. These four tax exemption schedules are provided by State
Code. State Code does allow the City to adopt different schedules than these four. However,
a different schedule shall not provide for a larger tax exemption in a particular year than is
provided for that year in a corresponding schedule specified in the State Code. In addition,
the tax exemption schedules provided in one revitalization area must also apply to every
revitalization area within the City. So if the City in the future designates another area of the
community as an urban revitalization area. the plan for that area must include the same tax
exemption schedules included m the Block 62 Urban Rewtalizat~on Area. In order to provide
consistency in the future. staff has included the four schedules provided by State Code.
The Block 62 Urban Revitahzat~on Area shall remain a designated rewtalizabon area for a
period of ten years. During this ten year perrod, a quahfied property owner in the area may
apply for property tax exemption. The tax exemption schedule the property owner selects will
be in effect from the date of C~ty Council approval of tax exemption for the specific project.
The Plan also contains reiDcation provisions ~n the event qualified tenants are displaced.
Relocabon will not be an ~ssue for the Citizen Budding Project.
We wile both be at your September 27, 1993 work sesoion to answer questions you may have
on the Citizen Building Project and the Block 62 Urban Revitalization Plan and Area,
cc: Karin Franklin
Dan Hudson
Bob Burns
Urban Revitalization Plan for Block 62 Project
Schedule Fall 1993
Sept 28
Nov 9
City Council to consider Resolution of Necessity & Resolution Setting
Public Hearing on the Urban Revitalization Plan for November 9, 1993
City Council to hold Public Hearing on the Urban Revitalization Plan
Council to give First Consideration of Urban Revitalization Area
Ordinance
Nov 23 "'
Dec 14 '°
Dec 22 ° '
Council to give Second Consideration of Urban Revitaiization Area
Ordinance
Council to hold Second Public Hearing on the Urban Revitalization Plan,
if necessary.
Council to Pass and Adopt Urban Revitalization Area Ordinance.
Council to adopt Resolution Approving Urban Revitalization Plan
Publication of Ordinance
After Publication of Ordinance, a Property Owner May Apply to City for
Tax Exemption
ADDENDUM "C"
To
Application for Property Tax Exemption
Under the Block 62 Urban Revitalization Plan
Floor
Basement
First
Second
Residential
Uses Area
Parldng
Tenant Storage
Building Mechanical
Elevator
Stairs
8,820 SF
Apartments (8)
Corridor
Historical display
and commons
Elevator
Stairs
7,645 SF
Apartments {10)
Laundry
Corridor
Elevator
Stairs
8,817 SF
Non-Residential
Uses Area
Management Office
1,545 SF
1,545 SF = 5.76%
26,827 SF
9203~TABLE 1
RESOLUTION NO. 96-36
RESOLUTION AWARDING CONTRACT AND AUTHORIZING MAYOR TO SIGN
AND CITY CLERK TO ATTEST CONTRACT FOR THE CONSTRUCTION OF THE
HIGHLANDER AREA SANITARY SEWER, LIFT STATION, AND FORCE MAIN
PROJECT.
WHEREAS, Maxwell Construction Inc., of Iowa City, Iowa, has submitted the lowest
responsible bid of ~224,720.{2 for the construction of the above-named project.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, THAT:
The contract for the construction of the above-named project is hereby awarded to
Maxwell Construction Inc., of Iowa City, Iowa, subject to the condition that awardee
secure adequate performance bond, insurance certificates, and contract compliance
program statements.
The Mayor is hereby authorized to sign and the City Clerk to attest the contract for the
construction of the above-named project, subject to the condition that awardee secure
adequate performance bond, insurance certificates, and contract compliance program
statements.
Passed and approved this 13th day of February
, 1996.
CITY'CLERK
MAYOR
Approved by
rney s Office
It was moved by Lehman and seconded by Thornberry
adopted, and upon roll call there were:
the Resolution be
AYES: NAYS: ABSENT:
X
X
Baker
Kubby
Lehman
Norton
Novick
Thornberry
Vanderhoef
ADVERTISEMENT FOR BIDS
Highlander Area Sanitary Sower
Lift Station and Force Main PROJECT
Sealed proposals will be received by the City
Clerk of the CiW of Iowa Ciw, Iowa, until 10:30
A.M. on the 6th day of February, 1996, and
shall be received in the City Clerk's office no
later than said date and time. Sealed proposals
will be opened immediately thereafter by the
CiW Engineer. Bids submit-ted by fax machine
shall not be deemed a 'sealed bid" for purpcses
of this Project. Proposals will be acted upon by
the City Council at a meeting to be held in the
Council Chambers at 7:30 P.M. on Februa~
13, 1996, or at such later time and place as
may then be scheduled.
The Project will involve the following:
Construction of a submersible type
sanitary sewage lift station complete
with electric se~ice and control wiring;
1400 feet of gravity sewer mains
ranging in size from 12" to 30" in
diameter; 1400 feet of 6" diameter
D.I.P. force main; boring and jacking of
cased and uncased sewers and force
mains; PCC pavement removal and
replacement; ACC pavement; demoli-
tion, site grading, seeding, sodding,
erosion control systems, a'affic control
systems and all related incidental items
of construction.
All work is to be done in strict compliance
with the plans and specifications prepared by
Shoemaker & Healand Professional Engineers,
of Iowa City, Iowa, which have heretofore been
approved by the City Council, and are on file
for public examination in the Office of the City
Clerk.
Each proposal shall be completed on a form
fumished by the Ciw, and must be
accompanied in a sealed envelope, separate
from the one containing the proposal by a bid
bond executed by a corporation authorized to
contract as a surety in the State of Iowa, in the
sum of 10% of the bid. The bid security shall
be made payable to the TREASURER OF THE
CITY OF IOWA CITY, IOWA, and shall be
forfeited to the City of Iowa City In the event
the successful bidder fails to enter into a
contract within ten (10) calendar days and post
bond satisfactory to the City insuring the
faithful performance of the contract and mainte-
nance of said Project, if required, pursuant to
the provisions of this notice and the other
AF-1
contract documents. Bid bonds of the lowest
two or more bidders may be retained for a
period of not to exceed fifteen (15) calendar
days until a contract is awarded, or until
rejection is mede. Other bid bonds will be
returned after the canvass and tabulation of
bids is completed and reported to the City
Council.
The successful bidder will be required to
furnish a bond in an amount equal to one
hundred percent (100%) of the contract price,
said bond to be issued by a responsible surety
approved by the City Council, and shall
guarantee the prompt payment of all materials
and labor, and also protect and save harmless
the City from all claims and damages of any
kind caused directly or indirectly by the
operation of the contract, and shall also
guarantee the maintenance of the improvement
for a period of two {2) years from and after its
completion and formal acceptance by the City.
The following limitations shall apply to this
Project:
Working Days: 80
Late Start Date: April 1, 1996
l. Jquldatad Damages: $100 per day
The plans, specifications and proposed con-
tract documents may be examined at the office
of the City Clerk. Copies of said plans and
specifications and form of proposal blanks may
be secured at the Office of Shoemaker &
Healand Professional Engineers, 160 Holiday
Road, Coralville, Iowa,.by bona fide bidders.
A $30.00 non-refundable fee is required for
each set of plans and specifications provided to
bidders or other interested persons. The fee
shall be in the form of a check, made payable
to Shoemaker & Healand Professional
Engineers.
A Pro-Bid Conference for prospective bidders
will be held at *,he office of Shoemaker &
Healand Professional Engineers, 160 Holidey
Road, Coralville, Iowa, on Thursday, February
1, 1996 at 10:00 a.m. Bidders are encouraged
to attend to meet with the design engineer and
city representatives to discuss project
requirements.
Prospective bidders are advised that the City
of Iowa City desires to employ minority
contractors and subcontractors on City
projects.
Bidders shall lis~ on the Form of Proposal the
names of persons, firms, companies or other
pa~es with whom the bidder intends to
subcon,act. This llst shall include the type of
work and approximate subcontract amount(s).
The Contractor awarded the contract shall
submit a list on the Form of Contract of the
AF-2
proposed subcontractors, together with
quantifies, unit prices and extended dollar
amounts. If no minority business enta~risea
(MBE) are u~lized, the Contractor shall furnish
documentation of all reasonable, good faith
efforts to recruit MBE's.
A listing of minority contractors is available at
the Cid, and can be obtained from the Civil
Rights Specialist at the iowa City Civic Center
by calling 319/356-5022.
By virtue of statutory authority, preference
will be given to products and provisions grown
and coal produced within the State of Iowa,
and to Iowa domestic labor, to the extent
lawfully required under Iowa Statutes. The
Iowa Reciprocal Preference Act, Section 23.21,
Code of Iowa (1591 }, applies to the contract
with respect to bidders who are not Iowa resi-
dents.
The City reserves the rightto reject any or all
proposals, and also reserves the right to waive
technicalities and irregularities.
Published upon order of the City Council of
Iowa City, Iowa.
MARIAN K. KARR, CITY CLERK
AF-3
Prepared by; Jeff McClure, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356.5138
RESOLUTION NO. 96-37
RESOLUTION TEMPORARILY CLOSING PORTIONS OF MADISON STREET
RIGHT-OF-WAY AND AUTHORIZING THE EXECUTION OF AN AGREEMENT
FOR TEMPORARY USE OF PUBLIC RIGHT-OF-WAY BETWEEN THE CITY OF
IOWA CITY AND THE UNIVERSITY OF IOWA.
WHEREAS, the University will be undertaking the construction and expansion of the University
East Campus chilled water distribution system and the installation of City distribution water
main along and within the Madison Street right-of-way; and
WHEREAS, the University and City desire to secure the construction site against pedestrian
and vehicular traffic, while constructing utilities along Madison Street between Jefferson
Street and College Street and also to provide on-site storage for construction equipment and
materials in order to construct the facilities; and
WHEREAS, the parties acknowledge the City's and University's need to assure a safe
construction site at a properly safe distance from traffic, so as not to endanger lives or
property; and
WHEREAS, an agreement for the temporary use of public right-of-way containing such
conditions has been prepared and is attached to this resolution.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, THAT:
It is in the public interest to temporarily close portions of Madison Street in Iowa City,
Iowa in order to assure a safe construction site for the University of Iowa and thereby
ensure public safety.
2. The following public right-of-way is hereby temporarily closed:
Madison Street from Jefferson Street to College Street.
Such temporary closing shall take effect beginning March 1, 1996, and ending upon
substantial completion of the construction, but no later than June 1, 1996. No more
than one consecutive block may be closed at any one time.
The easement agreement for use of public right-of-way attached hereto is hereby
approved as to form and content, and the Mayor is hereby authorized to execute and
the City Clerk to attest the Easement Agreement for and on behalf of the City of Iowa
City for recordation in the Johnson County Recorder's Office, at University expense.
Resolution No, 96-37
Page 2
It was moved by Thornberry and seconded by
adopted, and upon roll call there were:
AYES: NAYS:
X
X
X
X
Vanderhoef
ABSENT:
Baker
Kubby
Lehman
Norton
Novick
Thornberry
Vanderhoef
the Resolution be
Passed and approved this 13th day of February
· 1996.
CIT?~CLERK
Approved by
Cit~ A~~tto' ,~'~'
y rney s Office
Prepared by' Jeff McClure. Ciwl Engineer. 410 E. Washington St., Iowa City. IA 52240 (319) 356-5138
AGREEMENT FOR TEMPORARY
USE OF PUBLIC RIGHT-OF-WAY
BETWEEN THE CITY OF IOWA CITY AND
THE UNIVERSITY OF IOWA
This Agreement is made between the University of Iowa ("University") and the City of Iowa City,
Iowa, a municipal corporation ("City").
WHEREAS, the University of Iowa and the City of Iowa City wish to enter into an agreement
to share cost of construction in Madison Street right-of-way, as a reasonable and efficient
method of use of the right-of-way, as well as use of public monies; and
WHEREAS, in order to facilitate said shared construction, the University will be constructing
and expanding its east campus chilled water distribution system into the Madison Street right-
of-way, between Jefferson Street to the north and College Street to the south and the University
has agreed to simultaneously have the same contractor extend the City's water distribution
main along Madison Street right-of-way, and then to replace the pavement on Madison Street,
also as an efficient expenditure of public funds; and
WHEREAS, in order to secure the construction site against pedestrian and vehicular traffic, it
is in the best interest of public safety to temporarily close a portion of Madison Street between
Jefferson Street and College Street, so as not to endanger lives or property.
Now, therefore, in mutual consideration of the promises herein, the University and City agree
as follows:
The University has let the bid for the entire project herein, namely expansion of the
University east campus chilled water distribution system into the Madison Street right-of-
way, between Jefferson Street and College Street in Iowa City, Iowa, and in addition,
the University's contractor will also be expanding the City's existing water distribution
main along and within the Madison Street right-of-way, and will also replace paving, as
appropriate. Because the construction is ready to proceed into the Madison Street right-
of-way, it is in the best interests of both the University and the City to temporarily close
a portion of Madison Street in order to safely accommodate said construction.
As previously agreed, the University has bid the entire project to include the expanded
University chilled water facility, as well as the extension of Iowa City's water distribution
main system, to be completed in the Madison Street right-of-way. In consideration of
the promises herein, the University agrees to provide construction inspection of all
contracted work, including installation of the City's distribution water main, and
pavement replacement of the Madison Street right-of-way. Parties agreed that the City's
share of the cost of construction for the distribution water main and pavement
replacement shall be as noted in Exhibit A, which is attached hereto and incorporated
2
by reference herein. Parties further agree that the City's share of the cost of project
design and inspection is also noted in attached Exhibit A.
In addition to the cost of construction and project design, City agrees to pay the
University for piping matedal upon receipt of the matedal by the University's contractor.
Otherwise, the balance of the City's share for construction, pavement replacement, cost
of project design and inspection, shall be made to the University only upon completion
of the project to the City's complete satisfaction, and upon receipt of a request for
payment from the University. Moreover, the University agrees to install the City's
distribution water main and pavement replacement in accordance with the design
standards previously reviewed and approve by the City, and the parties agree that the
University's contractor shall complete the City's portion of the work in a good workedike
manner, and all such work for the City's portion herein shall be subject to City approval
and acceptance of the work, to be memorialized by formal City Council resolution.
Payment shall not be due, or made, to the University until passage of such resolution.
In order to protect the construction area from traffic, and also to protect the pedestrian
vehicular traffic from the construction site, City agrees to temporarily close a portion of
Madison Street right-of-way, namely:
Madison Street from Jefferson Street to College Street
In consideration of the University's use of Madison Street right-of-way dudng
construction, the University agrees to secure its construction site against pedestrian and
vehicular traffic by providing adequate traffic control, and by fencing all open
excavations while the contractor is not working.
The University further agrees to provide and keep in place, and maintain in good
working condition, signage necessary to:
a)
b)
c)
Route pedestrians.
Provide advance warning.
Provide for the ordedy and predictable movement of vehicular traffic.
All signage shall be in accordance with the Federal Highway Administration Manual on
Uniform Traffic Control Devices.
The padies agree that this temporary easement agreement and joint construction and
inspection agreement shall be in effect beginning March 1, 1996, and shall end upon
substantial completion of the work, but in no event no later than June 1, 1996.
After construction is completed, University agrees to reestore all rights-of-way to the
City's complete satisfaction.
Upon completion of the construction and acceptance of the City-involved public
improvements (distribution water main and pavement), the City agrees to allow the
University to continue to operate and maintain the extended East Campus chilled-water
distribution system within the Madison Street right-of-way, as in the best interest of both
3
the University and the City of Iowa City for health and safety purposes.
This easement agreement shall be recorded in the Johnson County Recorder's Office,
at University expense.
The University agrees to assume responsibility for this agreement and any claims
arising out of this agreement, including any claims and/or liability which might arise as
a result of the decision to permit construction of the East Campus chilled water
distribution system in and along Iowa City's Madison Street right-of-way to the full extent
permitted by Chapter 669, Code of Iowa (1995), entitled "Tort Claims," and according
to the procedures set forth therein.
The University agrees to assume responsibility for property losses and personal injuries
and claims of such damages arising out of its use of the Madison Street right-of-way
noted herein, which injuries or losses are incurred by reason of the negligence of the
University or its agents or employees to the full extent permitted by Chapter 669, Code
of Iowa (1995), entitled "Tort Claims," and according to the procedures set forth therein.
Dated and signed this 2~
CITY OF IOWA CITY, IOWA
Nac~mi J. 1~6vic[~, Mayor
AwEsT:
Manan K. Karr, City Clerk
day of
~,~ ,1996.
UNIVERSITY OF IOWA
B'
Univer~Busi~e~/~ Manager
A'FrEST: ~f~'~
Dou~as~Yo~/fig, Secretaw
4
CITY'S ACKNOVVLEDGEMENT
STATE OF IOWA )
) SS;
JOHNSON COUNTY )
On this /.~ ~ _. d. ay of ~..
19 '~('_ , before me,
, a Notary Public in and for the State of
Iowa, personally appeared Naomi J. Novick and Marian K. Karr, to me personally known, and,
who, being by me duly sworn, did say that they am the Mayor and City Clerk, respectively, of
the City of Iowa City, Iowa; that the seal affixed to the foregoing instrument is the corporate
seal of the corporation, and that the instrument was signed and sealed on behalf of the
corporation, by authority of its City Council, as contained in (Qrdip. ance) .(.Resolution) No.
_~--.~'7 passed by ~the City Council, on the /.~ "~ day of
~.~.,.~ , 19 ~'/~ , and that Naomi J. Novick and Marian K. Karr
acknowledged the execution of the instrument to be their voluntary act and deed and the
voluntary act and deed of the corporation, by it voluntarily executed.
Notary Public in and for the State of Iowa
5
STATE OF IOWA )
) SS:
JOHNSON COUNTY )
On this ~71~ day. of ~~
Ll ~d~ou IY 0 I& h l r.~,
, 19~ , before me,
, a Notary Public in and for the State of
Iowa, personally appeared Michael J. Finnegan and Douglas M. Young, to me pemonally
known, and, who, being by me duly sworn, did say that they are the University Business
Manager and Secretary of the Business Office, respectively; that they have authodt~ to act and
are acting on behalf of the University of Iowa, as provided by,,5'~C~ ~ e~=,1!~,t;l~;~ ,
and that as such these pemons did execute the foregoing instrument as the voluntary ac~ and
deed of the University of Iowa, for and on behalf of the State of Iowa Board of Regents.
Notary Public in and for the State of Iowa
Approved by
City o~~
UI_COST.XLS
East Campus Chilled Water Extension Project
Iowa City 20" Water Main Portion
Unit Extended
Item _ Unit Quantity Cost Cost
1. Excavation and Backfill LF 860 $32.03 $27,545.80
2. Pavement Removal SY 1,O51 87.00 87,357.00
3. Pavement, Class C SY 1,O51 $25.00 $26,275.00
4. Pipe Material LS I 926,782.00 $26,782.00
5. Thrust Blocks LS I 95,418.00 95,418.O0
6. Mobilization LS I 93,500.00 93,500.00
7. Traffic Control LS 1 92,500.00 92,500.00
Subtotal 999,377.80
8. General Conditions (5%) 94,968.89
Subtotal 9104,346.69
9. Design and Inspection (15%) 915,653.31
Total $120,000.00
Notes:
-- Pipe Labor included in cost of Excavation and Backfill
-- Bond and Insurance included in cost of Mobilization
-- OH & P included in costs of all bid items
EXHIBIT A
UI_COST.XLS
East Campus Chilled Water Extension Project
Iowa City 20" Water Main Portion
Item
1. Excavation and
2. Pavement Removal
3. Pavement, Class C
4. Pipe IVlaterial
5. Thrust Blocks
6. Mobilization
7. Traffic Control
Subtotal
8. General Conditions (5%)
Subtotal
9, Design and Inspection {15%)
Total
Notes:
-- Pipe Labor included in
-- Bond and Insurance'
-- OH & Pincluded in
Unit
Unit Quantity Cost
LF 860
SY 1,051 $7.00
SY 1,051 $25.00
1 926,782.00
95,418.00
LS ~. 1 93,500.00
LS I 92,500.00
Excavation and Backfill
of Mobilization
of all bid items
Extended
Cost
825,800.00
$7,357.00
$26,275.00
826,782.00
$5,418,00
$3,500.00
82,500.00
$97,632.00
94,881.60
9102,513.60
815,377.04
t~ 117,890.64
EXHIBIT A
RESOLUTION NO. 96-38
RESOLUTION AWARDING CONTRACT AND AUTHORIZING MAYOR TO SIGN
AND CITY CLERK TO ATTEST CONTRACT FOR THE CONSTRUCTION OF THE
IOWA RIVER TRAIL, IOWA MEMORIAL UNION BRIDGE TO IOWA AVENUE
PROJECT, STP-E-3715(3)--8V-52.
WHEREAS, Peterson Contractors, Inc. of Reinbeck, Iowa, has submitted the lowest
responsible bid of $194,163.42 for the construction of the above-named project.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, THAT:
The contract for the construction of the above-named project is hereby awarded to
Peterson Contractors, Inc. of Reinbeck, Iowa, subject to the condition that awardee
secure adequate performance and payment bond, insurance certificates, and contract
compliance program statements.
The Mayor is hereby authorized to sign and the City Clerk to attest the contract for the
construction of the above-named project, subject to the condition that awardee secure
adequate performance and payment bond, insurance certificates, and contract
compliance program statements.
Passed and approved this 13th day of February , 1996.
ATTEST'/~'~
CITY-CLERK
MAYOR
Approved by
Uity Attorney s Office
It was moved by Norton and seconded by
adopted, and upon roll call there were:
Thornberry
AYES: NAYS: ABSENT:
Baker
Kubby
Lehman
Norton
Novick
Thornberry
Vanderhoef
the Resolution be
pweng\unionbrd.res
NOTICE TO BIDDERS
STATE OF IOWA, January 19, 1996 ~ Sealed
bids will be received by the Iowa Department
of Transportation, at the Office of Contracts in
Ames, Iowa and its official depository on the
third floor of the Marriott Hotel, Des Moines,
Iowa, until 9 o'clock A.M.C.T. on the above
dats, for the various items of construction
and/or maintenance work listed below. Mailed
bids are to be sent to the Iowa Department of
Transportation, Office of Contracts at Ames,
Iowa 50010. Opening and reading of the bids
will be performed at the Iowa Department of
Transportation, at Ames, Iowa after 9 o'clock
A.M. on the same date such bids are scheduled
to be received, unless otherwise specified by
the Iowa Department of Transportation.
A Proposal Guarantee in an amount as set
forth in the proposal form shall be filed with
each proposal. The Proposal Guarantee shall
be in the form of a certified check or credit
union certified share draft, cashier's check, or
bank draft drawn on a solvent bank or credit
union. Certified checks or credit union certified
share drafts shall bear an endorsement signed
by a responsible official of such bank or credit
union as to the amount certified. Cashier's
checks or bank drafts shall be made payable
either to the Contracting Authority or to the
bidder and, where made payable to the bidder,
shall contain an unqualified endorsement to the
Contracting Authority signed by the bidder or
the authorized agent. A Bid Bond, properly
completed on tile Form No. 650001 available
from the Iowa Department of Transportation,
Contracts Office, may be used in lieu of above.
Failure to execute a contract and file an
acceptable performance bond and certificate of
Insurance within 30 days of the date of the
approval for awarding the contract, as herein
provided, will be just and sufficient cause for
the denial of the award and the forfeiture of
the proposal guarantee.
Plans, specifications and proposal forms for
the work may be seen and secured at the
Office of Contracts, Iowa Department of
Transportation, Ames, Iowa, until noon on the
day previous to the letting.
All proposals must be filed on the forms
furnished by the Iowa Department of
Transportation, Contracts Office, sealed and
plainly marked. Proposals containing and
reservations not provided for int he forms
furnished will be rejected, and the Iowa
Department of Transportation reserves the right
to waive technicalities and to reject any or all
bids.
Attention of bidders is directed to the Special
Provisions covering the subletting or assigning
of contracts.
Minimum wage rates for all Federal Aid
projects have been predetermined by the
Secretary of Labor and are set forth in the
specification. However, this does not apply to
projects off the Federal-Aid system.
All Federal-Aid projects are subject to the
Work Hours Act of 1962, P.L. 87-581 and
implementing regulations.
By virtue of statutory authority, a preference
will be given to products and provisions grown
and coal produced within the State of Iowa,
and also, a resident bidder shall be allowed a
preference as against a non-resident bidder
from a state or foreign country which gives or
requires a preference to bidders from that state
or foreign country both on projects in which
there are no federal funds involved.
The Iowa Department of Transportation (or
other approved contracting authority) hereby
notifies all bidders that it will affirmatively
ensure that in any contract entered into
pursuant to this advertisement, disadvantaged
business enterprises will be afforded full
opportunity to submit bids in response to this
invitation and will not be discriminated against
on the grounds of race, color, or national origin
in consideration for an award.
On Federal-Aid projects, where
disadvantaged business enterprise goals have
been established, the bidder is required to
complete and submit form 102115 with the bid
documents. On all projects without goals, the
contractor must show that affirmative actions
have been made to seek out and consider
disadvantaged business enterprises as potential
subcontractors.
IOWA DEPARTMENT OF TRANSPORTATION
OFFICE OF CONTRACTS
Tel. (515) 239-1414
JOHNSON COUNTY, STP-E-3715(3)--8V-52,
RECREATION TRAIL
IOWA RIVER TRAIL FROM THE IOWA
MEMORIAL UNION BRIDGE NORTHERLY TO
IOWA AVENUE ALONG THE IOWA RIVER IN
IOWA CITY.
Prepared by: Richard Fosse. City Engineer, 410 E. Washington St.. (319) 356-5143_
RESOLUTION NO. 96-39
RESOLUTION AUTHORIZING EXECUTION OF A DRAINAGE AGREEMENT
BY AND BETWEEN ROBERT H. WOLF AND ERMA J. WOLF, HUSBAND
AND WIFE, (COLLECTIVELY "WOLFS"), J.E.B.B., L.C., AN IOWA LIMITED
LIABILITY COMPANY ("J.E.B.B."), BART SCHUCHERT AND GENE
SCHUCHERT, (COLLECTIVELY "SCHUCHERTS"), SHAM RUSSELL AND
ANGELINE M. RUSSELL (COLLECTIVELY "RUSSELLS"), ACE AUTO
RECYCLERS, INC. AN IOWA CORPORATION ("ACE") AND CITY OF IOWA
CITY, IOWA, AN IOWA MUNICIPAL CORPORATION ("CITY").
WHEREAS, the parties hereto are the owners of certain tracts of land located in Sections 21-
22, 27, and 28, Township 79 North, Range 6 West of the 5th P.M., the parties' individual tracts
being described in exhibits attached hereto; and
WHEREAS, the parties acknowledge that there is inadequate surface drainage through an
existing watercourse on Russell, Ace and City properties; and
WHEREAS, the parties desire to provide for the construction, operation, and maintenance of
a drainageway and pipe across certain portions of the Russell, Ace, and City properties for the
benefit of all the interested parties hereto, upon the terms and conditions set forth by the
attached "Drainage Agreement"; and
WHEREAS, the Public Works Department has reviewed the feasibility of such work and finds
the proposal to be reasonable and beneficial.
NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS AND CONDI-
TIONS STATED IN THE A'Iq'ACHED "DRAINAGE AGREEMENT", BE IT RESOLVED BY THE
CITY COUNCIL OF IOWA CITY, IOWA THAT:
1. The "Drainage Agreement" attached hereto is approved as to form and content.
The Mayor is authorized to execute and the City Clerk to attest the Drainage Agreement
for and on behalf of the City of Iowa City, iowa, for recordation in the Johnson County
Recorder's Office, at Wolfs' expense.
Resolution No. 96-39
Page 2
Passed and approved this ~3th day of February
,1996.
ATTEST: Ci,~~EEK ~
It was moved by Tho~'nbe~'r¥
be adopted, and upon roll call there were:
and seconded by Lehman
pw~rtg~ol~agt.ms
AYES: NAYS: ABSENT:
X Baker
X Kubby
'~ Lehman
X ... Norton
X Novick
~{ Thomberry
X Vanderhoef
the Resolution
DRAINAGE AGREEMENT
199G iI Y I0 PH 2:
THIS DRAINAGE AGREEMENT, made and entered into this 8th
day of May , 1996 by and among ROBERT Ho WOLF and E~
J. WOLF, husband and wife (collectively "Wolfs"), J.E.B.B., L.C.,
an Iowa limited liability company ("J.E.B.B."), BART SCHUCHERT and
GENE SCHUCHERT (collectively "Schucherts"), SHAM RUSSELL and
ANGELINE M. RUSSELL (collectively "Russelis"), ACE AUTO RECYCLERS,
INC., an Iowa corporation ("Ace") and.CITY OF IOWA CITY, IOWA, an
Iowa municipal corporation ("City"),
WITNESSETH:
WHEREAS, the parties hereto are the owners of certain
tracts of land located in Sections 21, 22, 27 and 28, Township 79
North, Range 6 West of the 5th P.M., the parties' individual tracts
being described on the following exhibits:
WOLFS Exhibit "A"
J.E.B.B Exhibit "B"
SCHUCHERT Exhibit "C"
RUSSELL Exhibit "D"
ACE Exhibit "E"
CITY Exhibit "F"
each of which exhibits is %ncorporated herein by this reference,
and
WHEREAS, the parties desire to provide for the construc-
tion, operation and maintenance of a drainage ditch and tube across
certain portions of the Russell, Ace and City properties for the
benefit of all of the parties hereto, upon the terms and conditions
hereinafter set forth.
NOW THEREFORE,
agreements, stipulations
agreed as follows:
in consideration of the mutual covenants,
and conditions herein contained, it is
1. EABE~4~NTB. Russell, Ace and City hereby grant,
for the mutual benefit of all parties hereto, easements across
those portions of their respective properties described upon
Exhibits "D-l", "E-i" and "F-l" for purposes of a drainage ditch
and tube, all as more particularly hereinafter set forth. No party
hereto shall use any portion of the property described in Exhibits
"D-i", "E-i" and "F-i" in any manner which is inconsistent with the
v:'. 2079 272
purposes of this Agreement or which obstructs the flow of surface
water drainage upon and through the areas therein described.
Russell, Ace and City hereby further grant the right of ingress to
and egress from the drainage ditch and tube located on the
properties described in said exhibits for purposes of repair,
maintenance, construction and reconstruction thereof.
2. CONSTRUCTION OF DITCH AND TUBE. Russell shall
excavate a ditch, at his cost and expense, upon the real estate
described in Exhibit "D-i" from a point on Russell,s west property
line to the point where the ditch enters Ace's property. Wolf shall
excavate a ditch, at his cost and expense, upon the real estate
described in Exhibit "E-i" through Ace's property, and the City
shall excavate a ditch, at its cost and expense, upon the real
estate described in Exhibit "F-i" to the point where the ditch
enters Willow Creek. Such excavation shall be based upon elevations
to be provided by the City. Each of said parties, upon commencing
excavation, shall diligently pursue such work until completion
thereof. Upon the commencement of the excavation in areas where
pipe is to be placed by Wolf, Wolf shall purchase at his cost and
expense 350 lineal feet of 66" diameter corrugated metal pipe and
shall lay the same in such excavation commencing at Russell's
westerly property line. Russell may, but need not, purchase
additional pipe to extend the same to the east at Russell's sole
cost and expense. After such pipe shall have been laid, Russell
shall backfill the trenches. Said pipe will be constructed at a
slope of 1.0% and will have a maximum capacity of approximately 190
cubic feet per second. Flow in the drainage ditch is expected to
exceed the capacity of the pipe approximately once every five
years. All parties agree that this is an acceptable capacity.
3. CLEANIN~ CULVERTS. It is understood that certain
culverts owned by City, the Cedar Rapids and Iowa City Railway
Company ("CRAJ~DIC") and the Iowa Department of Transportation,
("IDOT") provide drainage to the properties described upon Exhibits
"A", "B" and "C" and are currently not operating at their design
capacity because of accumulations of silt. City shall arrange for
the removal of the silt from its culverts and shall keep the same
substantially free of future silt accumulations at its own cost and
expense.
4. MAINTENANCE. Any party hereto who negligently
impairs the operation or function of any portion of the drainage
system related to in this agreement shall bear all expenses related
to the repair and restoration of the portions of such system
damaged by reason of such negligence. Each party shall maintain
2
273
that portion of the pipe and ditch to be constructed pursuant to
paragraph 2 hereof to the extent that such pipe and ditch are
located upon such party's property and to the extent that such
maintenance results from natural siltation and other natural
conditions. All other waterways crossing the properties described
upon Exhibits "D", "E" and "F" shall be maintained by the party
upon whose property such waterways shall be located.
5. LICENSES]~ND PEI~ITS. Wolf shall cause all
necessary licenses and permits for the work covered by this
Agreement to be timely obtained, and shall pay any and all
necessary permit costs.
6. QUALITY O~ WORK. Except as hereinafter provided,
all parties hereto who are responsible for the performance of any
of the work to be performed under the terms of this Agreement shall
cause the same to be performed in a good and workmanlike manner in
strict conformity to any plans and specifications therefor and any
laws, rules, regulations and ordinances applicable thereto. It is
acknowledged that corrugated metal pips does not comply with City's
design standards, but City is willing to nonetheless enter into
this Agreement and does not object to such corrugated metal pipe
for the reasons that an open ditch exists on each end of said metal
pipe and the metal pipe is located entirely upon the property of
one party hereto.
7. RECORDING.
to be recorded in the 0ff£ce
Wolf's cost and expense.
Wolf agrees to cause this Agreement
of the Johnson County Recorder at
8. BINDING ON SUCCESSOR~ ~ ASSIGNS. This Agreement
shall be binding upon and shall inure to the benefit of the parties
hereto, their heirs, successors in interest, personal representa-
tives and assigns.
,-" "079 274
3
written.
DATED at Iowa City, Iowa, the day, month and year above
JoE.B.B, L.C./
t~J. E. B o B"
ANG~J~NE M. RUSSELL
"Russelis"
CITY OF IOWA CITY, IOWA
"CTTY"
COR?OR Z
Approved By / .
Cl~y Attorney'e Office
ERMA J. W/ ~/
"Wolfs',
BART SCHUCHERT
GENE $CHUCHERT
"Schucherts,,
ACE AUTO RECYCLERS, INC.
"ACE"
:':. 2079 ,,m 275
4
STATE OF IOWA
JOHNSON COUNTY
'NOTARtAL- / ~owa
SEAL .~;:~c in_and for the State of
STATE OF IOWA )
)
JOHNSON COUNTY )
SS:
1996
L.Co
This instrument was acknowledged before me on
by Robert Ho Wolf and Erma J.
.. NOTARIAL SEAL
~ WOlf, as Members o~ J.E.Bo~,:
No ~ry Pub_~ic in and for the State of
Iowa
STATE OF IOWA )
)
JOHNSON COUNTY )
This instrument was acknowledged before me on ~.~ ~
1996, by Bart ~ohuohert. -
Notary Public in and for the State of
Iowa
;'5. 2079 ~c[ 276
STATE OF IOWA
JOHNSON COUNTY
SS:
1996,
This instrument was acknowledged before me on
by gens 8ohuohert.
Notary'Public in and for the St~t~ of
Iowa
NOTAR]AL SEAL
STATE OF IOWA
JOHNSON COUNTY
SS:
This instrument was acknowledged before me on ~~ ¢
1996, by 8ha~ Russello
[,~,~.~ [ PATRICIA A. eA(3LEY
No ary~ln'and ~ ~
Iowa fo~ t~ Staff
STATE OF IOWA
JOHNSON COUNTY
SS:
This instrument was acknowledged before me on~~_ ~ ()
1996, by /~geline M. Rnsse11.
PATRICIA A. BAGLEY
Notary Public in and for of
Iowa
~,:. 20'79 ~"~ 2'77
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
This instrument was acknowledged before me on
by "~='.~-,,-. ~b..,',~..<-.,~ ,as
Ace Auto Recyclers, Inc,
,1996,
~',- ~ of
NOTARV~
o~,~%,~'t y Public in and for the'S Iowa
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
On this /3~'£ day of
~-~¢~ , 1 9 ~, , before me,
, a Notary Public in and for the State of Iowa, personally
appeared Naomi J, Novick and Marian K, Kerr, to me personally known, and, who, being by
me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of
Iowa City, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the
corporation, and that the instrument was signed and sealed on behalf of the corporation, by
authority of its City Council, as conta, iped in (~rdlnan~HResolution) No, 76-$9 passed
by the City Council, on the /.~ '~-~- day of ~--~-~'~q~t , 1 9_~, and that
Naomi J, Novick and Marian K, Karr acknowledged the executi(~n of the instrument to be their
voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily
executed,
Notary Pbblic in and for the State of Iowa
legaRInw~dra lnege.ag !
N(J'rAR;AL SEAL
2079 278
o~ Beck,on ~1~ ~n ~o~nh~ 7~ ~o~h o~ Ran~ 6 ~an~
~he S~ ~.H. acc~n~ ~a the pla~ ~e~eo~ ~aco~ed
O~d Raco~ 3~, page 3~2, excap2~q ~e~a~ron pa~ o~ the
eou2hea~t ~a~ar o~ the soddens2 ~er o~ ~ac~on 2~,
Co~enG[ng cn the no~ lLnm off maLd SE. 1/4 $Z ~/4
fie~. 2L~ ~. T9 H.,Z R. d ~es~ o~ ~e ~h P~H., 217
eae~ o~ ~e no~w~ co~ c~ sa~d 8E 1/4 ~8 1/4
sa~d Sa~. 3~ ~enaa sou~ 4SO ~eaC; thence eas~ 3~0
no~er~ ~on~ ~ha ves~eF~y ~e' o~ na~d ~gh~y along
8~c~ion vi~ said no~ l~e o~ said SE 1/4 SE 1/4~
~O~ ~ae~ e~e~ O~ the po~n~ o~ haggling; ~enca ~as~ 604
And including Lot 2 o~
1/4 of the SE 1/4~ and
the ~l 1/4 ol the t~ 1/4, being ~aspa~lvely,
o~ ~h~ SR 1/4, and ~e
acre o~ 2he no~ end o~ e~ch o~ said t~c~, and all
of the ~ 1/2 o~ ~he ~ 1/4 and of ~he ~ 1/~ o~ the ~ 1/4
and of ~a2 pa~ of ~e ~ 1/2 of the ~E 1/4 lyln~ ~as~ o~
the went line of ~e railroad righ~ o~ way, of Section
28, in ~o~ship 79 ~o~h, of ~nge ~ ~es~ of ~e 5~ P.M.
~cc~d~ ~o ~e plat ~h~soff ~ecord~d in pla~ ~ok 1,
pa~e
do~ racorded In Book ~Sa, ~age 446, Deed Records
,-' ?.079 279
IDiHZBZT "A"
v:'. 2079 ,,c~ 280
Lot 2 of C~arlet subdivision c~ the E I/2 of the $E 1/4
of Section 21; in ~o~llhip 7~ ~or~h o~ Range ~ ~as~ of
~e 5~ P.~. ~ccord~n~ ~o ~a pla~ ~araof r~co~d~d ~n
co~c~n~ on ~e nO~ l~a of said 8~ 1/4 S~ 1/4 Of
oast of ~e norway= ao~er o~ na~d S~ 1/4 ~E 1/4 o~
w orIF ,21a
sa~cion wi~h said north line o~ said sE 1/4 SE 1/4, wAlch
poin~ is 49 fae~ wes~ o~ highway cen~er s~a~ion ~7+24 ~
604 ~aa~ east of ~hepo~ o~ beginning; ~nnc~ ~est 604
~md including Lo2 2 of R£cords subdivision of the SW
~he Sg 1/4 Of ~a SW 1/4, being respectively, ~a Sw 1/4
of ~e 8g 1/4; a~d ~e S~ 1/4 Of ~e SW 1/4~ aXcap~ 1
being in Section 21, To.ship 79 ~o~h of R~ge ~ ~aa~ o~
the S~h P.M.; and Lo=s 1, 2 and 3 of 1ttoords subdivision
of 2he ~ 1/2 o~ the ~ 1/4 and o~ ~e V 1/2 of ~e ~ 1/4
an~ of ~ha~ p~ o~ the E 1/2 of ~a N~ 1/~ l~ng wes~ of
38, An To.ship 79 NOah, off Range 6 ~el= Cf the ~ P.~.
aaoord~ to ~e pla~ ~herea~ ~ecorded In Pla~ ~ok 1,
page 1~.
~r~har excop~ln~ 2harefrom the RazecLan thereof
Johnson Catty, Iowa,
,,:. 20?9 "";~ 28,2
~or Z~ ~0 ~a~ ~e~e 8~ 80· w~
po~ or ~ng, t~o~or Wl~ a
wide ~or ~e ~ o~ t~m and
~x~e a. va~ supply ~or ea~
p~i~ s~.
', :. '20?9 ,,~c[ 283
EXHIBIT "C"
Beginning on the half section line at a point 18.22
chains North of the center of Sec. 28, Twp. 79 N., R. 6,
West of the 5th P.M., thence North along said half
section line 13.16 chains; thence East included angle 94°
30' 26.24 chains; thence South included angle 83° 40'
13.16 chains; thence West included angle 95" 10' 26.04
chains to place of beginning, last included angle 85·
30', containing 34°40 acres more or less.
&O 'd
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II
ill 'II
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Z ~ Z°o
~ Z 0 ~I ] ~ [ ~
"2079,'"c~ 287
O~ oo
'~) ,k11~ V/~l dNY I
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703.94'
EASEMENT PLAT
A Portion of the Northeost Quorter
MMS COI~$ULTANTS, INC.
Iowa City, Iowa
319-- ..551 -- 8282
"0120034
i~.oo~4~s,4L~Lng at ~ eas~ ~az~.e~ oo~ner
~ ; ~8~ 36 34u
14~.00
o~r z~e of said ~ty road,
~enae 858"41~00.W
20'79 ~o~ 289
I HEREBY CERTIFY THAT THIS PLAT. MAP, SURVEY OR
REPORT WAS PREPARED BY ME. OR UNDER MY DIRECT ~ LEGEND AND NOTES
SUPERVISION. AND THAT I AM A DULY REGISTERED
LAND SURVEYOR UNDER THE LAWS OF' THE STATE OF -c~.~,c.~. ~ ,,~.~,~
Iowa.
,~ 9. - ~.U~
GLEN O. NEISNER REG NO. 8165 DATE ~ - ....
MY REGIS~ATION EXPIRES, DECEMBER ~1, 19__.
..........
NOTARY PUBUC, IN AND FOR ~E STA~ OF IOWA G~
or
'
.........
CEN~NE OF A 20.~ F~T ~E STORM ~ AND ORAlNAG[ ~T
Commencing ot ~e Noahwest ~er of ~e Nor~t Oue~er, of ~Uon 27,
Towns~,;p ~9 North, R~nge 6 West. of the FiSh Principal Medalion; ~ce
500~5 54 ,~, ?one the West Line of ~d N~thwest ~e~, 703.94 feet;
~ence N8735~, 219.49 feet; ~ce S75'42'~'~ 2~.94 fee~ to
~n soid West ~ne of ~e N~thwes[ Quoter, Gnd the Point of B~innlng
cf the C~t~ine of e 20.00 f~[ wide Sto~ ~er end Dr~inege Ees~ent; ~T~
~ence ~t~nuing S75'~2'~"~ 165.87 fee~ to ~e Po~t of T~otlon of
seid Cent~ne of ~ 20.~ f~t ~e Stem ~ ~ Drein~e Ee~m~t.
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t.:..:, -
o~
P. ~g6b~O~00~O~ ~00~.~
~oo'25's4"'w ---~
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rq
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v:'..').O~D ,~a 290
EASEMENT PLAT
A Portion of the Northwest Quarter-
Section 27-T79N-R6W-OF THE 5'[H P.M. Iowa City, Iowa
A O S(:ALI¢
02-12-1996 15.04-51 ~f
Iowa City, Iowa
.519-.5.51-8282
§ 0120034