HomeMy WebLinkAbout2001-05-03 Resolution Prepared by: Robed Miklo, Senior Planner, 410 E. Washington St., Iowa City, IA 52240; 319-356-5240 (SUB01-0006)
RESOLUTION NO. 01-124
RESOLUTION APPROVING THE AMENDED PRELIMINARY PLAT OF THE
PENINSULA NEIGHBORHOOD, IOWA CITY, IOWA.
WHEREAS, the owner, the City of Iowa City, filed with the City Clerk of Iowa City, Iowa, an
application for approval of the amended preliminary plat of the Peninsula Neighborhood; and
WHEREAS, the Department of Planning and Community Development and the Public Works
Department examined the preliminary plat and recommended approval; and
WHEREAS, the Planning and Zoning Commission examined the preliminary plat and, after due
deliberation, recommended acceptance and approval of the plat; and
WHEREAS, the preliminary plat conforms with all of the requirements of the City Ordinances of
the City of Iowa City, Iowa.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA THAT:
1. The preliminary plat of the Peninsula Neighborhood, Iowa City, Iowa, is hereby approved.
2. The Mayor and City Clerk of the City of Iowa City, Iowa are hereby authorized and directed
to certify this resolution, which shall be affixed to the plat after passage and approval by
law.
Passed and approved this 3rd day of Ay~OR l, la.,v ,20 0].
It was moved by Vanderhoef and seconded be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X . Champion
X Kanner
X Lehman
X O'Donnell
X Pfab
'X' Vanderhoef
X Wilbum
ppdadminVes~peninpreplat,doc
Prepared by: Sarah Holecek, First Asst. City Attorney, 410 E. Washington St,, Iowa City, IA 52240 (319) 356-5030
RESOLUTION NO. 01-125
RESOLUTION APPROVING THE FIRST AMENDMENT TO THE PENINSULA
NEIGHBORHOOD DEVELOPMENT AGREEMENT BETWEEN THE CITY OF
IOWA CITY AND TERRY L. STAMPER HOLDINGS, L.L.C.
WHEREAS, on June 29, 2000, a development agreement was executed by, between and
among the City of Iowa City, Iowa, (hereinafter "City") and Terry L. Stamper Holdings, L.L.C.
(hereinafter "TLS" and/or "Developer'), outlining the terms and conditions, and the relative rights
and responsibilities of the City, as owner, and TLS, as developer, for the development of The
Peninsula Neighborhood (hereinafter "The Peninsula"), an 82.1-acre site owned in fee by the
City; and
WHEREAS, the legal description for the 82.1 acre Peninsula property which was the subject of
and outlined in the original agreement included 24 acres upon which the Elks Golf Club holds an
easement; and
WHEREAS, the City and TLS wish to substitute an adjacent 24 acre, City-owned parcel for the
property upon which the Elks Golf Club holds an easement; and
WHEREAS, as the property which is the subject of the original agreement will change due to the
substitution of 24 acre, City-owned parcels, the legal description contained in the original
agreement must be amended to appropriately reflect the property which is the subject of the
original agreement; and
WHEREAS, the parties wish to memorialize this amendment to their agreement in writing and
acknowledge and agree that all other terms of the original agreement shall remain the same.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY.
IOWA, THAT:
1. The Mayor is authorized to sign and the City Clerk to attest the First Amendment to the
Peninsula Neighborhood Agreement between the City and Terry L. Stamper Holdings, L.L.C.
2. The City Clerk is hereby directed to record said agreement upon passage of this
resolution.
Passed and approved this 3rd day of Ha.y ,20 01 .
Ap ro b ,,~
ATI'EST. 31~L~,R~K 92~ ~ " y
C C E/d
~mM~al/peninsul~re~lution appmving first amendment ~ pen agtd~
Resolution No. 01-125
Page 2
It was moved by Kanner and seconded by Champ'ion the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Champion
X Kanner
'X' Lehman
X O'Donnell
X Pfab
X Vanderhoef
'~' Wilbum
FIRST AMENDMENT TO PENINSULA NEIGHBORHOOD
DEVELOPMENT AGREEMENT
WHEREAS, on June 29, 2000, a development agreement was executed by,
between and among the City of Iowa City, Iowa, (hereinafter "City") and
Terry L. Stamper Holdings, L.L.C. (hereinafter "TLS" and/or "Developer"),
outlining the terms and conditions, and the relative rights and responsibilities of
the City, as owner, and TLS, as developer, for the development of The Peninsula
Neighborhood (hereinafter "The Peninsula"), an 82.1-acre site owned in fee by
the City; and
WHEREAS, the legal description for the 82.1 acre Peninsula property which was
the subject of and outlined in the original agreement included 24 acres upon
which the Elks Golf Club holds an easement; and
WHEREAS, the City and TLS wish to substitute an adjacent 24 acre, City-
owned parcel for the property upon which the Elks Golf Club holds an
easement; and
WHEREAS, as the property which is the subject of the original agreement
will change due to the substitution of 24 acre, City-owned parcels, the legal
description contained in the original agreement must be amended to
appropriately reflect the property which is the subject of the original
agreement; and
WHEREAS, the parties acknowledge and agree that all other terms of the
original agreement shall remain the same.
NOW, THEREFORE, for and in consideration of the mutual promises set forth
herein, the parties hereby agree as follows:
1. The legal description of the 82.1 acre parcel which is the subject of the
original Peninsula Development Agreement executed by and between the City of
Iowa City and Terry L Stareper Holdings, L.L.C., is hereby amended and revised
to remove the 24 acre parcel over which the Elks Golf Club holds an easement
and to substitute an adjacent 24 acre parcel owned by the City. Said amended
and revised legal description of the subject 82.1 acre parcel is as follows:
THAT PART OF AUDITOR'S PARCEL NO. 95080, IOWA CITY, JOHNSON COUNTY, IOWA
DESCRIBED AS FOLLOWS: COMMENCING AS A POINT OF REFERENCE AT THE SOUTH
QUARTER-CORNER OF SECTION 4, TOWNSHIP 79 NORTH, RANGE 6 WEST OF THE 5th
P.M.; THENCE N1°39'04"W, 1317.17 FEET ALONG THE EAST LINE OF THE SOUTHWEST
QUARTER OF SAID SECTION 4; THENCE S89°42'21"W, 562.55 FEET ALONG THE SOUTH
LINE OF GOVERNMENT LOT 5 OF SAID SECTION 4, TO A NORTHEASTERLY CORNER OF
SAID AUDITOR'S PARCEL NO. 97099; THENCE S89°44'39"W, 330.00 FEET; ALONG A
NORTHERLY LINE OF SAID AUDITOR'S PARCEL NO. 95080; THENCE N01°37'40"W, 203.27
FEET ALONG AN EASTERLY LINE OF SAID AUDITOR'S PARCEL NO. 95080, TO THE POINT
OF BEGINNING; THENCE N01 °39'47"W, 778.50 FEET ALONG AN EASTERLY LINE OF SAID
AUDITOR'S PARCEL NO. 95080; THENCE S76°21'45"W, 469.26 FEET ALONG A
NORTHERLY LINE OF SAID AUDITOR'S PARCEL NO. 97099; THENCE N65°29'48"W, 971.46
FEET ALONG A NORTHERLY LINE OF SAID AUDITOR'S PARCEL 95080; THENCE
S57°05'21 "W, 772.80 FEET ALONG A NORTHWESTERLY LINE OF SAID AUDITOR'S PARCEL
NO. 95080 TO A POINT OF INTERSECTION WITH THE EASTERLY BANK OF THE IOWA
RIVER AND A WESTERLY LINE OF SAID AUDITOR'S PARCEL NO. 95080; THENCE
S17°00'58"W, 601.80 FEET; THENCE S41°29'18"W, 400.00 FEET; THENCE S32°19'39"E,
520.00 FEET; THENCE S07°44'49"E, 993.53 FEET; THENCE S56°38'56"E, 810.00 FEET;
THENCE N59°50'25"E, 194.38 FEET; THENCE N62°35'26"W, 230.00 FEET; THENCE
N12°35'57"W, 470.00 FEET; THENCE N81°48'04"E, 200.00 FEET; THENCE N08°07'42"VV,
309.36 FEET TO A SOUTHWESTERLY CORNER OF AUDITOR'S PARCEL NO. 97099;
THENCE N02°30'39"E, 499.39 FEET ALONG A WESTERLY LINE OF SAID AUDITOR'S
PARCEL NO. 97099; THENCE N37°48'08"E, 31.58 FEET ALONG A NORTHWESTERLY LINE
OF SAID AUDITOR'S PARCEL NO. 97099; THENCE N60°46'24"E,1172.27 FEET; ALONG A
NORTHWESTERLY LINE OF SAID AUDITOR'S PARCEL NO. 97099; THENCE S89°59'09"E
283.72 FEET ALONG A NORTHERLY LINE OF SAID AUDITOR'S PARCEL NO. 97099 TO THE
POINT OF BEGINNING AND CONTAINING 82.1 ACRES SUBJECT OT EASEMENTS AND
RESTRICTIONS OF RECORD.
2. The parties hereto acknowledge and agree that only the legal description
of the subject property has been amended by this First Amendment to Peninsula
Development Agreement, and all other terms and conditions as outlined in the
parties' original agreement executed on or about June 29, 2000 shall continue in
full force and effect.
Dated this j, rj_day of May, 2001.
_~./~I..IOW:~~ TERRY L. STAMPER HOLDINGS, L.L.C.
Marian Karr, City Clerk
Approved by:
2
;T AMENDMENT TO PENINSULA NEIGHBORH/d'OD
DEVELOPMENT AGREEMENT
/
/
WHEREAS on ~e 29, 2000, a development agreemeny'was executed by,
between ~ I the City of Iowa City, Iowa, (hereina'fter "City") and
//r
Terry L. Stam L.L.C. (hereinafter "TLS" a~ld o "Developer"),
Neighborhood (I r "The Peninsula"), an 8~1-acre site owned in fee by
the City; and
/,
WHEREAS, the legal descri ~ion for the 82.1/~cre Peninsula prope~y which was
the subject of and ~e original ag~ement included 24 acres upon
which the Elks Golf Club ~n easement; and
WHEREAS, the City and adjacent 24 acre, City-owned
parcel for the prope~y upon Golf Club holds an easement; and
WHEREAS, as the prope~y which qe subject of the original agreement will
chan City-owned parcels, the legal
description contained in the origsr :must be amended to
appropriately reflect the the subject of the original agreement;
and
WHEREAS, the pa~ies and ree that all other terms of the
original agreement shall the same.
NOW, THEREFORE, fo~ consideration ~he mutual promises set fo~h
herein, the pa~ies here ree as follows:
1. The legal descri of the 82.1 acre parcel w 'ch is the subject of the
original Peninsula I opment Agreement execut d by and be~een the Ci~ of
Iowa Ci~ and Ter L Stareper Holdings, L.L.C., is h reby amended and revised
QUARTEl SECTION 4, TOWNSHIP 79 NORTH, RANGE 6 WEST OF THE 5th
P.M.; N1°39'04"W, 1317.17 FEET ALONG THE EAST LINE OF THE SOUTHWEST
OF SAID SECTION 4; THENCE S89~42'21"W, 562.55 FEET ALONG THE SOUTH
LINE GOVERNMENT LOT 5 OF SAID SECTION 4, TO A NORTHEASTERLY CORNER OF
AUDITOR'S PARCEL NO. 97099; THENCE S89°44'39'~, 330.00 FEET; ALONG A
NORTHERLY LINE OF SAID AUDITOR'S PARCEL NO. 95080; THENCE N01°37'40'~, 203.27
AUDITOR S PARCEL NO. 95080; THENCE S76°21 '45"W, 469.26 FEET ALONG A
NORTHERLY LINE OF SAID AUDITOR'S PARCEL NO. 97099; THENCE N65°29'48"W, 971.46
FEET ALONG A. NORTHERLY LINE OF SAID AUDITOR'S PARCEL 95080; THENCE,'~/
S57°05'21'%N, 772.80 FEET ALONG A NORTHWESTERLY LINE OF SAID AUDITOR'S PARCE
NO. 95080 TO A PO~IT OF INTERSECTION WITH THE EASTERLY BANK OF THE
RIVER AND A WESTERLY LINE OF SAID AUDITOR'S PARCEL NO. 95080; THI
S17°00'58"W, 601.80 F~ET THENCE S41°29'18"W, 400.00 FEET; THENCE S32°1
520.00 FEET; THENCE S07°44'49"E, 993.53 FEET; THENCE S56°38'56"E, 810.0
THENCE N59°50'25"E, 194.38 FEET; THENCE N62°35'26"W, 230.00 FEET NCE
N12°35'57"W, 470.00 FEET; THENCE N81°48'04"E, 200.00 FEET; THENCE
309.36 FEET TO A SOUTHV',IESTERLY CORNER OF AUDITOR'S PARCEL 97099;
THENCE N02°30'39"E, 499.39 EEET ALONG A WESTERLY LINE OF AUDITOR'S
PARCEL NO. 97099; THENCE N37,~48'08"E 31.58 FEET ALONG A NORTH LINE
OF SAID AUDITOR'S PARCEL NO'.,97099; THENCE N60°46'24"E,1172.; ALONG A
NORTHWESTERLY LINE OF SAID AUDITOR'S PARCEL NO. 97099; S89°59'09"E
283 72 FEET ALONG A NORTHERLY LINE OF SAID AUDITOR'S PAR NO. 97099 TO THE
POINT OF BEGINNING AND CONTAININ.G 82.1 ACRES EASEMENTS AND
RESTRICTIONS OF RECORD.
2. The parties hereto acknowledgc%,and agree ly the legal description
of the subject property has been amende.d by thisAmendment to Peninsula
Development Agreement, and all other te~rns ar ~ditions as outlined in the
parties' original agreement executed on or abe ~e 29, 2000 shall continue in
full force and effect.
Dated this day of May, 2001. ',.
CITY OF IOWA CITY L. STAI~PER HOLDINGS L.L.C.
\
Ernest W. Lehman, Mayor Terry L. Stamper, PreSident
Attest:
Madan Karr, City CI,
Approved /,?
\, )
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