HomeMy WebLinkAbout1998-12-01 Public hearingNOTICE OF PUBLIC HEARING
Notice is hereby given that a public hearing
will be held by the City Council of Iowa City,
Iowa, at 7:00 p.m. on the 1 ,t day of
December, 1998, in the Civic Center Council
Chambers, 410 E. Washington Street, Iowa
City, Iowa; at which hearing the Council will
consider:
1. An ordinance to vacate street right-of-
way located east of North Market Square Park,
and south of Horace-Mann School.
Copies of the proposed resolution are on
file for public examination in the office of the
City Clerk, Civic Center, Iowa City, Iowa.
Persons wishing to make their views known
for Council consideration are encouraged 'to
appear at the above-mentioned time and place.
MARlAN K. KARR, CITY CLERK
12-01-98 J
6a
Prepared by: John Yapp, Assoc. Planner, 410 E.
Washington Street, Iowa City, IA 52240; 319-356-5247
ORDINANCE NO.
ORDINANCE VACATING THE PUBLIC
RIGHT-OF-WAY SOUTH OF HORACE
MANN SCHOOL AND EAST OF MARKET
SQUARE PARK, AND THE 20 FOOT WIDE
ALLEY RIGHT-OF-WAY SOUTH OF
HORACE MANN SCHOOL AND WEST OF
DODGE STREET.
WHEREAS, the City of Iowa City has initiated
the vacation of the public right-of-way south of
Horace Mann School and east of Market Square
Park, and the 20 foot wide alley right-of-way
south of Horace Mann School and west of Dodge
Street; and
WHEREAS, the rights-of-way have been
used by the Iowa City Community School District
for many years; and
WHEREAS, the City of Iowa City intends to
convey the rights-of-way to the Iowa City
Community School District; and
WHEREAS. the Iowa City Parks and
Recreation Commission recommended approval
of the proposed vacation, subject to the right-of-
way adjacent to Market Square Park remaining
open to public recreational use, and not being
fenced off or otherwise separated from Market
Square Park; and
WHEREAS, the alley right-of-way will remain
open to emergency vehicle access; and
WHEREAS, a City sanitary sewer easement
will need to be created over the alley right-of-way,
and a gas and electric easement will need to be
retained over the entire vacated rights-of-way.
NOW, THEREFORE, BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA:
SECTION I. VACATION. Subject to the right-
of-way south of Horace Mann School and east of
Market Square Park remaining open to public
recreational use, and not being fenced off or
otherwise separated from Market Square Park,
and subject to the alley right-of-way remaining
open to emergency vehicle access, and subject
to a sanitary sewer easement being created over
the alley right-of-way, and a gas and electdc
Ordinance No.
Page 2
easement being retained over the entire vacated
rights-of-way, the City of Iowa City hereby
vacates the rights-of-way legally described as
follows: Auditor's Parcel No. 98054:
A portion of a vacated alley in Block 30 and
a portion of North Market Square of the
Original Town of Iowa City as recorded in
Book I at Page116 in the Records of the
Johnson County Recorder, in Section 10,
Township 79 North, Range 6 West of the
Fifth Principal Meridian, Johnson County,
Iowa, the boundaries of which are described
as follows:
Beginning at the Southwest comer of Lot 3,
said Block 30, Original Town of Iowa City,
Thence S89°37'34"E, along the Southerly
line of Lots 3, 2 and I of said Block 30, a
distance of 240.18 feet, to the Easterly
right-of-way line of Dodge Street and the
Southeast comer of said Lot 1; Thence
S00°15'37"W, along said Eastedy right-of-
way line, 20.00 feet to the Northeast comer
of Lot 6 of said Block 30; Thence
NBg°37'34"W, along the Northerly lines of
Lots 6 and 5 of said Block 30, a distance of
160.12 feet; Thence S00°15'07"W, along the
Westerly line of said Lot 5, a distance of
149.56 feet to the Southwest comer of said
Lot 5; Thence N89°37'50"W, 80.03 feet;
Thence N00°14'36"E, 169.56 feet to said
Point of Beginning. Said Parcel contains
0.385 acres (16,774 S.F.) and is subject to
easements and restrictions of record.
SECTION II. REPEALER. All ordinances
and parts of ordinances in conflict with the provi-
sions of this Ordinance are hereby repealed.
SECTION III. SEVERABILITY. If any
section, provision or part Of the Ordinance shall
be adjudged to be invalid or unconstitutional,
such adjudication shall not affect the validity of
the Ordinance as a whole or any section,
provision or part thereof not adjudged invalid or
unconstitutional.
SECTION IV. EFFECTIVE DATE. This Ordi-
nance shall be in effect after its final passage,
approval and publication, as provided by law.
Passed and approved this day of
,1998.
MAYOR
ATTEST:
CITY CL RK ..~
A oV~~
city Att e,2s r/
STAFF REPORT
To: Planning and Zoning Commission
Item: VAC98-0006: Public right-of-way
Vacation adjacent to Market Square Park
GENERAL INFORMATION:
Applicant:
Requested action:
Purpose:
Location:
Size:
Existing land use and zoning:
Surrounding land use and zoning:
Comprehensive Plan~
File date:
45-day limitation period:
Prepared by: John Yapp, Associate Planner
Date: November 5, 1998
City of Iowa City
410 E. Washington Street
Iowa City, IA 52240
Public right-of-way vacation
To allow the conveyance of City public
right-of-way, that is used and maintained
by Horace Mann School, to the Iowa City
Community School District
South of Horace Mann School, and east of
Market Square Park
16,774 square feet
P, Public
North: Horace Mann School; P, Public
South: Residential; RNC-12, Neighborhood
Conservation Residential
East: Residential; RNC-12, Neighborhood
Conservation Residential
West: Market Square Park; P, Public
Parks/Schools/Open Space
October 6, 1998
November 20, 1998
BACKGROUND INFORMATION:
The playground at Horace Mann School and a portion of the school building rest on property that
is still titled to the City of Iowa City. During the planning for a playground improvement project at
Horace Mann School in the Spring of 1998, the Iowa City Community School District (School
District) determined to pursue having the City vacate and convey the property to the School
District. The property includes an 80-foot by 170-foot portion of old Johnson Street right-of-way,
and a 20-foot by 160-foot alley, west of Dodge Street. The School District has been using and
maintaining much of this property for many years. The advantage of vacating and conveying this
property to the School District would be to clarify who is responsible for and has jurisdiction over
the property.
Records indicate that the 80-foot by 170-foot portion of the old Johnson Street right-of-way was
vacated in 1963. However, because the vacation was done by reference to lots in the original
town and not by a metes and bounds description, staff believes it would be cleaner to vacate the
entire parcel, including the alley, as one.
At their March 1998 meeting, the Parks and Recreation Commission recommended approval of
the proposal to convey the subject property to the School District, subject to the playground area
remaining available for public recreational use. In a March 17 letter, a representative of the
School District noted that this condition is acceptable to the School District. New playground
equipment was installed earlier this Spring on part of the property proposed to be vacated, with
the understanding that the proposed vacation and conveyance would be pursued in the near
future.
ANALYSIS:
Release of a street or alley should not be recommended when it would result in: 1) detrimental
vehicular or pedestrian circulation, 2) interference with the rights of access to any private
property, or 3) inhibiting the access of fire or emergency vehicles.
With the condition that the old Johnson Street right-of-way remain open to recreational use by
the public, release of this area should not affect pedestrian circulation. The old Johnson Street
right-of-way provides pedestrian access to Horace Mann School, the Preucil School of Music, and
Market Square Park. The Parks and Recreation Commission, during discussion of this issue, also
discussed having a condition that the old Johnson Street right-of-way not be fenced off or
otherwise separated from the adjacent Market Square Park. Staff proposes to incorporate this
condition into the vacation recommendation.
The alley right-of-way is currently used as a vehicular access to Horace Mann School. The alley
does not provide access to any residential properties, in fact, the School District owns the
properties on both sides of the alley. Staff recommends that the alley right-of-way be vacated
subject to the alley remaining open fire and emergency vehicle access.
The utility companies have been notified of the proposed vacation, and will notify staff if they
wish to retain any utility easements over any of the rights-of-way proposed to be vacated. A
sanitary sewer runs through the alley right-of-way, for which the City will need an easement.
STAFF RECOMMENDATION:
Staff recommends that VAC98-0006, A City initiated application to vacate 16,774 square feet of
right-of-way located south of Horace Mann School and east of Market Square Park, be approved,
subject to the old Johnson Street right-of-way remaining open to public recreational use and not
being fenced off or otherwise separated from Market Square Park, the alley right-of-way
remaining open to fire and emergency vehicle access, and subject to the retention of all necessary
utility easements.
ATTACHMENTS:
1. Location Map.
Approved by: ~o ~~~'/~
Franklin, Director
f Planning and
Community Development
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NOTICE OF PUBLIC HEARING
Notice is hereby given that the City Council
of Iowa City will hold a public hearing on the
1st day of December, 1998, at 7:00 p.m. in the
Council Chambers of the City of Iowa City, 410
E. Washington Street, Iowa City, Iowa,
regarding the City Council's intent to convey
the vacated portions of the Des Moines Street
right-of-way located west of Capitol Street and
east of the Iowa River, the Madison Street
right-of-way south of Prentiss Street and north
of the Iowa Interstate Railroad tracks, and the
20 foot wide alley between Prentiss Street and
the Des Moines Street right-of-way west of
Capitol Street to the University of Iowa/Iowa
State Board of Regents for the purpose of
constructing a new administration building, said
conveyance to be without compensation as a
conveyance to a governmental entity for a
public purpose pursuant to Iowa Code
§364.7(3) (1997).
Persons interested in expressing their views
concerning this matter, either verbally or in
writing, will be given the opportunity to be
heard at the above-mentioned time and place.
MARlAN K. KARR, CITY CLERK
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