HomeMy WebLinkAbout2001-09-25 Ordinance Prepared by: Robed Miklo, PCD, 410 E. Washington Street, iowa City, IA 52240; 319-356-5240 (REZ99-0017)
ORDINANCE NO.
AN ORDINANCE AMENDING THE ZONING CHAPTER BY CHANGING THE ZONING
REGULATIONS OF APPROXIMATELY 38.24 ACRES FROM LOW DENSITY SINGLE-FAMILY,
RS-5, COUNTY HIGHWAY COMMERCIAL, CH, COUNTY LOCAL COMMERCIAL, C-1 AND
COUNTY MULTI-FAMILY, R3-A TO COMMUNITY COMMERCIAL, CC-2 (10.99 ACRES),
MEDIUM DENSITY SINGLE-FAMILY, RS-8 (21 ACRES), AND LOW DENSITY SINGLE-
FAMILY, RS-5 (6.22 ACRES) FOR PROPERTY LOCATED EAST OF SCOTT BOULEVARD
AND SOUTH OF ROCHESTER AVENUE AND LOWER WEST BRANCH ROAD.
WHEREAS, the owner, Plum Grove Acres, Inc., has requested the rezoning of property which it owns
located between Rochester Avenue and Lower West Branch Road east of Scott Boulevard from its
current RS-5 designation and its current County zoning designation to CC-2, for 10.88 acres of the
property legally described below and from RS-5 and its current County zoning to RS~8 for 21 acres of
property legally described below; and
WHEREAS, the Planning and Zoning Commission has reviewed the proposed rezonings and has
determined that with appropriate conditions to ensure the development of this property in accordance
with the neighbor design policies of the Comprehensive Plan, including the Northeast District Plan, and
with provisions for infrastructure improvements, the proposed rezoning is in conformance with the
Comprehensive Plan; and
WHEREAS, the Planning and Zoning Commission has determined that the appropriate zoning
designation of approximately 6.22 acres located south of Lower West Branch Road and west of and
including Hummingbird Lane is Low Density Single-Family Residential, RS-5, without conditions; and
WHEREAS, Iowa Code Section 414.5 (2001) provides that the City of Iowa City may impose
reasonable conditions on granting an applicant's rezoning request, over and above existing
regulations, in order to satisfy public needs caused by the rezoning request; and
WHEREAS, Plum Grove Acres, Inc. acknowledges that certain conditions and restrictions are
reasonable to ensure that the eventual development of the property is in accordance with the
neighborhood design policies of the Comprehensive Plan, including the Northeast District Plan, and to
ensure adequate infrastructure is provided for the area; and
WHEREAS, Plum Grove Acres, Inc. has agreed to use this property in accordance with the terms and
conditions of a Conditional Zoning Agreement to ensure that the above-referenced Comprehensive
Plan policies are addressed.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
SECTION I APPROVAl. Subject to the terms and conditions of the Conditional Zoning
Agreement, attached hereto and incorporated herein, the property described below is hereby
redassified as follows:
Ordinance No.
Page 2
a. The following property is hereby conditionally reclassi~ed from its current designation of RS-5 and
County zoning designations to CC-2:
Commencing at the Northwest corner of Section 7, Township 79 North, Range 5 West of Fifth
Principal Meridian, City of Iowa City, Johnson County, Iowa; Thence S00°35'42"W, along the
west line of the Northwest one-quarter of said Section 7, a distance of 964.84 feet; Thence
N76°32'52"E, 309.25 feet; Thence S00°35'42"W, 34.02 feet to a point on the southerly
right-of-way line of the Herbert Hoover Highway SE and the Point of Beginning; Thence
continuing S00°35'42'~/V, along said southerly right-of-way line, 28.24 feet; Thence N76°21 '05"E,
along said southerly right-of-way line, 248.04 feet; Thence N73°14'51"E, along said southerly
right-of-way way line, 200.84 feet; Thence N75°51'05"E, along said southerly right-of-way line,
162.16 feet; Thence S01°19'52"W, 277.16 feet; Thence N88°40'08'M/, 106:04 feet; Thence
S01°19'52'' 404.00 feet; Thence Southwesterly, 203.93 feet along an arc of a 780.00 foot radius
curve, concave Southeasterly, whose 203.35 foot chord bears S83°50'48"W; Thence
S76°21'24"W, 402.01 feet; Thence Southwesterly, 137.43 feet along an arc of a 720.00 foot
radius curve, concave northwesterly, whose 137.22 foot chord beam S81°49'30"W to a point on
the easterly right-of-way line of Scott Boulevard; Thence northwesterly 256,51 feet along
southeasterly right-of-way line and a arc of a 1050.00 foot radius curve, concave southwesterly
whose 255.87 foot chord bears N01°46'38"W; Thence N17°46'32"W, along said easterly right-
of-way line, 339.36 feet to a point an the southerly right-of-way line of Rochester Avenue;
Thence northeasterly, 115.69 feet along said southerly right-of-way line and an arc of a 5698.58
foot radius curve, concave southeasterly, whose 115.69 foot chord bears N73°lS'34"E; Thence
S00°35'42"W, 292.94 feet; Thence N76°32'52"E, 183.74 feet; Thence NO0°35'42"E, 297.99 to a
point on said southerly right-of-way line; Thence northeasterly, 71.44 feet along southerly
right-of-way line and an arc of a 5698.58 foot radius curve, concave southeasterly, whose 71.44
foot chord bears N76°04'49"E; Thence N75°41'02"E, along said southerly right-of-way, 54.42
feet to the Point of Beginning, containing 10.88 acres and is subject to easements and
restrictions of record.
b. The following property is hereby conditionally reclassified from its current designation of RS-5
and County zoning designations to RS-8:
Commencing at the Center of Section 7, Township 79 North, Range 5 West of the Fifth Principal
Meridian, Johnson County, Iowa; Thence N86°46'11 "W, along the centerline of Lower Branch
Road SE, 1836.47 feet; Thence N01°19'52"E, 33.02 feet to a point an the northerly line of Lower
West Branch Road SE and the Point of Beginning; Thence N86°46'11 "W, along said northerly
right-of-way line, 472.36 feet; Thence northwesterly, 220.86 feet along said northerly
right-of-way line and an arc of a 542.00 foot radius curve, concave northeasterly, whose 219.34
foot chord beam N75°05'45"W to a point on the east line of Auditor's Parcel 97040 as recorded
in Plat Book 37 at Page 347 in the records of the Johnson County Recorder; Thence
N00°35'42"E, along said east line, 489.17 feet; Thence N89°24'18"W, along the north line of
said Auditors Parcel 97040, a distance of 250.00 feet, to a point on the easterly right-of-way
line of Scott Boulevard; Thence N00°35'42"E, along said easterly right-of-way line, 398.14 feet;
Thence northwesterly, 80.15 feet along said easterly right-of-way line and an arc of 1050.00 foot
radius curve, concave southwesterly, whose 80.13 foot chord beam N01°35'32"W; Thence
northeasterly, 137.43 feet along an arc of a 720.00 foot radius curve, concave northwesterly,
whose 137.22 foot chord bears N81°49'30"E; Thence N76°21'24"E, 402.01 feet; Thence
northeasterly, 203.93 feet, along an arc of a 780.00 foot radius curve, concave southeasterly,
whose 203.35 foot chord bears N83°50'48"E; Thence S88°40'08"E, 225.47 to the Nodhwest
corner of Lot 2 of Tegler Subdivision, as recorded in Plat Book 25 at Page 42, records of
Johnson County, Iowa; Thence S01 °19'52"W, along the westerly line of said Lot 2, a distance of
1184.21 feet to said Point of Beginning containing 21.00 acres and subject to easements and
restrictions of record.
Ordinance No.
Page 3
c. The following property is hereby reclassified from its current designation of County Suburban
Residential RS to RS-5 without being subject to the terms and conditions of the Conditional Zoning
Agreement:
Commencing at the Northwest Corner of the Southwest Quarter of Section 7, Township 79
North, Range 5 West of the Fifth Principal Meridian; Thence S00°53'02"E, along the West Line
of said Southwest Quarter, 602.83 feet; Thence N89°06'58"E, along the North Line of Lot 68 of
Scott Boulevard East Part Three, in accordance with the Recorded Plat thereof, 300.00 feet, to
the Point of Beginning; Thence N00°53'02"W, along a line parallel with and 300.00 feet normally
distant Easterly of the West Line of said Southwest Quarter, 621.86; Thence S58°34'39"E, 72.74
feet, to a Point on the North Line of said Southwest Quarter; Thence S87°41'39"E, along said
North Line, 410.75 feet, to its intersection with the West Line of Hoyle's First Subdivision, in
accordance with the Recorded Plat thereof; Thence S00°40'27"E, along said West Line, 559.62
feet, to the Northeast Corner of Scott Boulevard East - Part Four, in accordance with the
Recorded Plat thereof; Thence S89°06'58"W, along the North Line of said Scott Boulevard East
Port Four, and the North Line of said Scott Boulevard East - Part Three, 469.70 feet, to the Point
of Beginning. Said Annexation Parcel contains 6.22 Acres, more or less and is subject to
easements and restrictions of record.
SFCTIQN II 7ONING MAP. The Building Inspector is hereby authorized and directed to change
the zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage,
approval and publication of this ordinance as provided by law.
SECTION III CQNI')ITtONAI TONING AGREEMFNT. Following final passage and approval of
this ordinance, the Mayor is hereby authorized and directed to sign, and City Clerk to attest, the
Conditional Zoning Agreement between the applicant and the City.
SECTION IV CFRTIFICATION AND RECORDING. Upon passage and approval of the
Ordinance, and after execution of the Conditional Zoning Agreement, the City Clerk is hereby
authorized and directed to certify a copy of this ordinance and the Conditional Zoning Agreement
and to record the same at the office of the County Recorder of Johnson County, Iowa, at the owner's
expense, all as provided by law.
SFCTION V REPFAI FR. All ordinances and parts of ordinances in conflict with the provision of
this ordinance are hereby repealed.
SECTION VI SFVFRABII ITY. If any section, provision or part of this 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 VII FFFECTIVF DATF. This ordinance shall be in effect after its final passage,
approval and publication, as required by law.
Passed and approved this day of ,
MAYOR
ATTEST:
GITY GLERK
Ap '~'
ppdadtnin/or~/plumgrove
Ordinance No.
Page
It was moved by and seconded by that the Ordinance
as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
Champion
Kanner
Lehman
O'Donnell
Pfab
Vanderhcef
Wilburn
First Consideration 8/21/01
Vote for passa e:AYES: Vanderhoef, W'i]but-n,
NAYS: Pfab. ABSENT: None. Champion, Kanner, Lehman, O'Donne]].
Second Consideration 9/11/01
Voteforpassage:AYES: O'Donne'l], Pfab, VAnderhoef, Wilbur-n, Champ~on,Kanner,
Lehman. NAYS: None. ABSENT: None.
Date published
Prepared by: Bob Miklo, Senior Planner. 410 E. Washington St., Iowa City, IA 52240 (319) 356-5240
CONDITIONAL ZONING AGREEMENT
THIS AGREEMENT is made by and between the City of Iowa City, Iowa, a municipal corporation
(hereinafter "City"), Plum Grove Acres, Inc. (hereinafter "Applicant").
WHEREAS, Applicant is owner and legal title holder of approximately 31.88 acres of property
located south of Rochester Avenue and east of Scott Boulevard; and
WHEREAS, the Applicant has requested rezoning of this property from Low Density Single
Family, RS-5, County Highway Commercial, CH, County Local Commercial, C-1, and County
Multi-Family, R3-A, to Community Commercial, CC-2 (10.88 acres) and Medium Density Single-
Family Residential, RS-8 (21 acres); and
WHEREAS, the Planning and Zoning Commission has determined that, with appropriate
conditions ensuring the development of the property in accordance with the neighborhood design
policies of the Northeast District Plan, and with provisions for street improvements, the proposed
rezoning is in conformance with the Nodbeast District Plan, which is part of the Comprehensive
Plan; and
WHEREAS, Iowa Code Section 414.5 (2001) provides that the City of Iowa City may impose
reasonable conditions on granting an applicanrs rezoning request, over and above existing
regulations, in order to satisfy public needs directly caused by the requested change; and
WHEREAS, the Applicant acknowledges that certain conditions and restrictions are reasonable to
ensure that the development of the property is in accordance with the neighborhood design
policies of the Northeast Distdct Plan and to ensure that adequate streets are in place to serve the
property; and
Plum Grove Acres, Inc. Conditional Zoning Agreement
Page 2
WHEREAS, the Owners and Applicant have agreed to use this property in accordance with the
terms and conditions of a Conditional Zoning Agreement to ensure that the above-referenced
Comprehensive Plan policies are addressed.
NOW, THEREFORE, in consideration of the mutual promises contained herein, the Parties agree
as follows:
1. Plum Grove Acres, Inc. is the owner and legal title holder of the properly legally described
as follows:
IFGAL DF. SC~IPTION FOR PROPO$~I) ZONINO PARCEL CC-2
R~Cc~n~c~ffieMedc~nerof,~'~7, Toen~pT'g k~d,%P,~egeSWest~ffe
P.h Prbc;ed ikddian. Oty of Iota City. ,kalmSon Caunty, log Thence SOO'35'42'W, dang
wr/I~e of the Ha'bert Hoover Hightray ~1~ and the Paitt of 8qlrmh;; 3hmc~ c~ntlnuir~
S0C'35'2
ea~ ,as~ety ri;~t-of-eay ~ 248.O4 feet; 1here liT~i4'SrE. d~ng said .xtffie*rf righFof-
way fne. 200.84 feet; 'R~ee 1{'/5~rO5'F., dom3 ~ souU~ety right-of-way tee, t62.~6 feel;
1hence SOI'lg'S2'W. 2T/.t6 feet; ~e~ce N8~'40'~ 106.04 feet; thence ~0~'~9'52'W,
404.00 feet; Thatce ,~xa'r~n~estedy, 203~3 feet. dang m arc of o 780.00 foot ro<r,~s
con~ove Sautheestedy. irhoee 203.35 foot chord beors S~3'50'48'W;, 1hence S76~!'24'W.
concove I~od~westedy, .hose 131-22 foet cherd bears ~1'49'30'Y/to · p41nt mt the eos~dy
rlght-d-woy lie of Scott 8odevorcl; lh~ce northwesterly, 256,51 feet along said
eostedy r~JR-~f-woy k ord m crc o~ o 1050.00 foot focus cane. c~ncee soutJtwh-hdy
eho~e 255.87 foot dtord 10m HlO'46°38'W; 1hence NtT, i6'32'W. olong said eatedy right -
of-woy tee. 339.36 feet to · Ixltt ~ the southed3r rt~ht-of-leOy line of Rod~ester beret,
1~ence nortl~asterly, 115.69 feet alaq i ,eut~edy d~t-~i'-fr/i~e eKl en e-c de
foot fadls curve, concove ;outheasted.~ eh<}se 115.69 foot chord beats N7~8'34.'E.; 1hence
S00qu5'42'K 292.24 feet; lhr, ce N76~2'52'E, 183.?( fe~ 1hence N00'35'42'E, 297.99 feet
to o po~t on sdd soub'~tl d~t-at-eay k tiNnee nartf~,rly, 71.44 feet along
sauthedy r~t-of-ny Ine end morc d a 5696_~ feot ra<rms curve, concave s~thecstedy,
m%ee 71.44 foot dmrd bears N76*04'49'T.; Thence N75'41'02'E. obn9 sold saAhedy rf~t-ol'-
~/lle, 54.42 fed to ~e ~t of ~ a~tab~ 1~88 ocru md b fubJed Io emements
LEGAL DF. SCRIPliON FOR PROPOSi~ ZONING PARCEL RS-8
CetrrnetcingdtheCe~terdSedkanT. Tomn/nll~79NedJ~P. mge5Westoft~ein. lf~Prbded
Meritre, Jdm,an Coetty, Ioeo; lhetce N86'46'lI'W. along ~e centedhe of Loer West
Bre~h Rood ~ ~836.47 fed; ~ N0rlg'52~. 3102 feet to o p0bt e~ ~e mthety right-
of-.~y line of Loeer Wef. Bronch Roed ~ ord I~e Pobt of Beg~k~g: l~ence N86'46'tt'W.
da~ sdd ned~dy Hght-o~k 47Z36 led; llexe ne~'eeStety, 220.86 feet ahng
r, etltedy -oF~ay ine end m or; of · 542.00 foot to<rein ~ c~ n~.
dtose 21 ;r~ loot dtard bears N75*05'45'W to a poht ~ the eat line o~ Auditor's Porcel
fT040osrec~q~lbl~at__;3,:~_.,T/otP~e347itffiefec~d$olffieJdm~CcsetyRKerdeC
~ NOOI~'42"E. danl ~kl ealt k 489,17 feet; *l~ene 1~24'18~, daeg the natth
ineo/sddAucle/sP~rc~gTO40. a~istanceo~250.OOfe~toopelntonU~eeasterlydg~t-.of-
~y ~ o~ Scott 8<xale~r~ ]hence NOO'35'42'F.. d~ng said easterly ri~l--o~-'ea3r the.
eet~ ]~ence nodhte~.M.~ 80.15 feet, e~g ~il eostefiy rl~ht-~-~,y line and an erc of a
1060.(30 foot ra~us cun~ c~nceve ,oulheesterlyo ,eme 80.13 foot dq~rd beers
~h~ce nodbeastly, 137.43 let. d<~g m arc of a 720.00 ket radius cu~e.
1hence mxtheaster~y, 2DI93 feet, doq an erc o~ · 780,00 foot roclius curie, ce~eve
to the ~orthwest comer of Lot 2 of Tegler ~ulxlh4sion, os recarded In Rat Book 25
at P~ge 4?.. records of Jdmson County, low,; Thence S01'19'52"W. o~ong the
rotfifty li~e of soM Lot 2, ~ cEstance of 118421 feet to s~id Print of 8e~imlng.
c~nto~n;ng 21,00 ocre~ (rod subject to eosemfints and res~rlctk~ns of reccrcL
Plum Grove Acres, Inc. Conditional Zoning Agreement
Page 3
2. Owners and Applicant acknowledge that the City wishes to ensure appropriate commercial
and residential development that conforms to the neighborhood design policies contained
within the Northeast District Plan. Further, the parties acknowledge that Iowa Code Section
414.5 (2001) provides that the City of Iowa City may impose reasonable conditions on
granting an applicant's rezoning request, over and above the existing regulations, in order
to satisfy public needs directly caused by the requested change, including provisions for
adequate infrastructure necessary to suppod urban development. Therefore, Owners and
Applicant agree to certain conditions over and above City regulations as detailed below.
3. In consideration of the City's rezoning the subject property, Applicant agrees that
development of the subject property will conform to all other requirements of the zoning
chapter, as well as the following conditions:
a. Applicant agrees that preliminary and final plats and site plans for the eventual
development of this property will demonstrate compliance with the neighborhood
design policies contained within the Comprehensive Plan, including the Northeast
District Plan, and that the City will take these policies into consideration during its
review of said plats and plans.
b. Applicant agrees that the CC-2 property shall develop in general conformance with
the concept plan attached hereto and incorporated herein. Any subdivision or site
plan shall generally conform to this concept plan and shall be designed to create a
Main Street or Town Square style commercial center. The commercial center shall be
designed with a pedestrian orientation incorporating such features as on-street
parking, parking lots behind buildings, minimal or no building setback from sidewalks
and upper floor residential uses.
c. Applicant agrees that prior to the development of the RS-8 property, the applicant or
future properby owner shall submit and obtain approval of a Planned Development
Housing Overlay (OPDH), which will adhere to the neighborhood design policies of
the Comprehensive Plan, including the Northeast District Plan.
d. Pdor to any plats or development being approved on the property with frontage on
Lower West Branch Road or within 500 feet of Lower West Branch Road, the
reconstruction of Lower West Branch Road must be in a funded year in Iowa City's
Capital Improvements program. Additionally, prior to any plats or development being
Plum Grove Acres, Inc. Conditional Zoning Agreement
Page 4
approved for the property with frontage on Lower West Branch Road or within 500
feet of Lower West Branch Road, the Applicant must contribute funds toward the
reconstruction of Lower West Branch Road to the City. The Applicant agrees that the
amount of funds to be contributed by Applicant to City toward the reconstruction of
Lower West Branch Road is $86,652.
e. Applicant agrees to dedicate to City 45 feet of right-of-way south of the canterline of
Rochester Avenue along Rochester Avenue.
f. Applicant agrees to dedicate to City 33 feet of right-of-way south of the centedine of
Lower West Branch Road along Lower West Branch Road.
g. Applicant agrees to install a curb and gutter along the edge of the existing pavement
and an 8-foot wide sidewalk on the south side of Rochester Avenue in conjunction
with the development of the CC-2 property. Applicant agrees that it shall bear all
expense for these improvements and said improvements shall be constructed in
accordance with the City's specifications.
h. Applicant agrees to provide an easement, without compensation, for a sewer main at
a location and along a route mutually acceptable to the Applicant and the City of Iowa
City to serve the Iowa City Care Facility property.
4. The Applicant acknowledges that the conditions contained herein are reasonable
conditions to impose on the land under Iowa Code Section 414.5 (2001), and that said
conditions satisfy public needs which are directly caused by the requested zoning change.
5, The Applicant acknowledges that in the event the subject property is transferred, sold,
redeveloped, or subdivided, all redevelopment will conform with the terms of this
Conditional Zoning Agreement.
6. The parties acknowledge that this Conditional Zoning Agreement shall be deemed to be a
covenant running with the land and with title to the land, and shall remain in full force and
effect as a covenant with title to the land, unless or until released of record by the City.
The parties further acknowledge that this agreement shall inure to the benefit of and bind
all successors, representatives and assigns of the parties.
Plum Grove Acres, inc. Conditional Zoning Agreement
Page 5
7. Applicant acknowledges that nothing in this Conditional Zoning .Agreement shall be
construed to relieve the Owners or Applicant from complying with all applicable local, state
and federal regulations.
8. The parties agree that this Conditional Zoning Agreement shall be incorporated by
reference into the ordinance rezoning the subject proper[y, and that upon adoption and
publication of the ordinance, this agreement shall be recorded in the Johnson County
Recorder's Office at the Applicanrs expense.
Dated this '~/"~' day of July, 2001.
PLUM GROVE ACRES, INC. CITY OF iOWA CITY
I~ta~k Boyd, President anc~ SeC ary Ernest W. Lehman, Mayor
Attest:
Madan K. Karr, City Clerk
STATE OF iOWA )
) SS:
JOHNSON COUNTY )
On this 31st day of July, A.D. 2001, before me. the undersigned, a Notary Public in and for the
State of Iowa, personally appeared Frank ~Bo~ to me personally known, who, being by me duly
sworn, did say that he is the President o~ sa~f~rporation executing the within and foregoing
instrument to which this is attached, 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 President as such officer acknowledged the execution of said instrument to be the
voluntary act and deed of said corporation, by it and by him voluntarily executed.
o SALLY J DuCHARME
Plum Grove Acres, Inc. Conditional Zoning Agreement
Page 6
STATE OF IOWA )
) ss:
COUNTY OF JOHNSON )
On this day of ,2001, before me,
, a Notary Public in and for the State of Iowa, personally
appeared Ernest W. Lehman and Marian K. Karr, 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 contained in (Ordinance) (Resolution) No. passed by the City Council,
on the day of ,2001, and that Ernest W. Lehman 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
My commission expires:
Prepared by: John Yapp, PCD, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5247 (REZ01-00004)
ORDINANCE NO.
AN ORDINANCE AMENDING THE ZONING CHAPTER BY CHANGING THE ZONING
REGULATIONS OF APPROXIMATELY 105.2 ACRES OF PROPERTY FROM SUBURBAN
RESIDENTIAL, COUNTY RS, TO LOW DENSITY SINGLE-FAMILY RESIDENTIAL, RS-5
(45.08 ACRES), AND MEDIUM DENSITY SINGLE-FAMILY RESIDENTIAL, RS-8 (60.13
ACRES) FOR PROPERTY LOCATED NORTH OF COURT STREET, SOUTH OF LOWER
WEST BRANCH ROAD, AND EAST OF HUMMINGBIRD LANE.
WHEREAS, the owners, Robert Lindemann, Chades Lindemann, and Ruth Kabela, et al, are the
owners and title holders of approximately 95.2 acres of property located north of Court Street,
south of Lower West Branch Road, and east of Hummingbird Lane/Scott Park Drive; and
WHEREAS, the applicant, Southgate Development Company, on behalf of the owners, has
requested the voluntary annexation of the 95.2 acre tract into the City of Iowa City, and its
rezoning from Suburban Residential, County RS, to Low Density Single-Family Residential, RS-5
(35.08 acres) and Medium Density Single-Family Residential, RS-8 (60.13 acres); and
WHEREAS, additionally, at the request of City, the applicant has amended their application to
include the annexation and rezoning of an additional approximate 10 acre tract located south of
Lower West Branch Road and east of Hummingbird Lane, requesting that the same be rezoned
from Suburban Residential, County RS, to Low Density Single-Family Residential, RS-5; and
WHEREAS, in accord with the principles outlined in Iowa Code Chapter 368, the properties on the
east side of Hummingbird Lane are proposed to be annexed to avoid the creation of irregular City
boundaries, and to avoid the creation of an island of unincorporated properties almost entirely
surrounded by incorporated properties; and
WHEREAS, the Planning and Zoning Commission has determined that, with appropriate
conditions ensuring the development of the property in accordance with the neighborhood design
policies of the Northeast District Plan, and with provisions for infrastructure improvements such as
sewer extensions and financial contributions toward the improvement of Lower West Branch
Road, the proposed rezoning is in conformance with the Northeast District Plan, which is part of
the Comprehensive Plan; and
WHEREAS, the Planning and Zoning Commission has determined that the appropriate zoning
designation of the approximately 10 acres of Single-Family Residential properties on the east side
of Hummingbird Lane is Low Density Single-Family Residential, RS-5, without conditions; and
WHEREAS, Iowa Code Section 414.5 (2001) provides that the City of Iowa City may impose
reasonable conditions on granting an applicant's rezoning request, over and above existing
regulations, in order to satisfy public needs directly caused by the rezoning request; and
WHEREAS, the owners of the 95.2 acre tract and the applicant acknowledge that certain
conditions and restrictions are reasonable to ensure that the eventual development of the property
Ordinance No.
Page 2
is in accordance with the neighborhood design policies of the Northeast District Plan, and to
ensure adequate infrastructure is provided for the area; and
WHEREAS, the owner and applicant of the approximate 95.2 acre tract have agreed to use this
property in accordance with the terms and conditions of a Conditional Zoning Agreement to
ensure that the above-referenced Comprehensive Plan policies are addressed.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
SECTION I. APPROVAL. Subject to the terms and conditions of the Conditional Zoning
Agreement, attached hereto and incorporated herein, the property described below is hereby
reclassified as follows:
a. The following property is hereby reclassified from its current designation of County Suburban
Residential (RS) to Medium Density Single-Family Residential (RS8):
Commencing at the Northeast Comer of the Southwest Quarter of Section 7, Township 79
North, Range 5 West, of the Fifth Principal Meridian; Thence S00°05'18"E, along the East
Line of said Southwest Quatier, and the West Line of Windsor Ridge Part Fifteen, in
accordance with the Plat thereof as Recorded in Plat Book 41, at Page 212, of the
Records of the Johnson County Recorder's Office, 2334.24 feet, to its intersection with the
Northerly Right-of-Way Line of Court Street; Thence S80°04'52"W, along said Northerly
Right-of-Way Line, 14.62 feet; Thence Southwesterly, 203.49 feet, along a 1040.00 foot
radius curve, concave Southeasterly, whose 203.16 foot chord bears S74°28'33"W;
Thence S68°52'14"W, along said Northerly Right-of-Way Line, 114.88 feet; Thence
Southwesterly, 372.64 feet, along a 960.00 foot radius curve, concave northwesterly,
whose 370.30 foot chord bears S79°59'27"W; Thence N88°53'21"W, along said Northerly
Right-of-Way Line, 220.06 feet; Thence N11°25'10"W, 1712.92 feet; Thence
N02°18'21"E, 541.36 feet, to the Southwest Comer of a "Plat of Survey" as Recorded in
Plat Book 8, at Page 35, of the Records of the Johnson County Recorder's Office; Thence
S87°41 '39"E, along the South Line of said "Plat of Survey", 496.30 feet, to the Southeast
Corner thereof; Thence N02°18'21 "E, along the East Line of said "Plat of Survey", 321.40
feet, to the Northeast Comer thereof, and a Point on the North Line of said Southwest
Quarter; Thence S87°41 '39"E, along said North Line, 707.0 feet, to the Point of Beginning.
Said RS8 rezoning parcel contains 60.13 acres, more or less, and is subject to easements
and restrictions of record.
b. The following property is hereby reclassified from its current designation of County Suburban
Residential (RS) to Low Density Single-Family Residential (RS-5):
Commencing at the Northeast Corner of the Southwest Quarter of Section 7, Township 79
North, Range 5 west, of the Fifth Principal Meridian; Thence N87°41'39"W, along the
North Line of said Southwest Quarter, 1203.80 feet, to the Northwest Corner of the "Plat of
Survey" in accordance with the Plat thereof Recorded in Plat Book 8, at Page 35, of the
Records of the Johnson County Recorder's Office and the Point of Beginning; Thence
S02°18'21"W, along the West Line of said "Plat of Survey", 321.40 feet, to the Southwest
Comer thereof; thence continuing S02°18'21"W, 541.36 feet; Thence Sl1°25'10"E,
1712.92 feet, to a Point on the North Right-of-Way Line, of Court Street; Thence
N88°53'21"W, along said North Right-of-Way Line, 551.26 feet; Thence Southwesterly,
79.77 feet, along said North Right-of-Way Line on a 1440.00 foot radius curve, concave
Southeasterly, whose 79.76 foot chord bears S89°31'26"W; Thence S87056'13"W, along
said North Right-of-Way Line, 103.03 feet; Thence Southwesterly, 75.34 feet, along said
Ordinanse No.
Page 3
North Right-of-Way Line on a 1360.00 foot radius curve, concave Northwesterly, whose
75.33 foot chord bears S89°31'26"W; Thence N88°53'21"W, along said North Right-oF
Way Line, 9.02 feet, to the Southeast Comer of Scott Boulevard East - Part Two, in
accordance with the Plat thereof Recorded in Plat Book 33, at Page 25, of the Records of
the Johnson County Recorder's Office; Thence N00°39'55"W, along the East Line of said
Scott Boulevard East - Pad Two, the East Line of Auditor's Parcel 95-004, in accordance
with the Plat thereof Recorded in Plat Book 35, at Page 17 of the Records of the Johnson
County Recorder's Office, the East Line of Scot Boulevard East, pad Four, in accordance
with the Recorded Plat thereof; 1094.26 feet, to the Northeast Corner of said Scott
Boulevard East Part Four; Thence S89°06'58'M/, along the North Line of said Scott
Boulevard East, Part Four, a distance of 3.56 feet, to the Southeast Corner of a Parcel of
Land as Conveyed by Warranty Deed as Recorded in Deed Book 1211, at Page 60 of the
Records of the Johnson County Recorder's office; Thence N00°21'18"E, along the East
Line of said Conveyed Parcel, and the East Line of Lyman Subdivision, in accordance with
the Plat thereof Recorded in Plat Book 31, at Page 246 of the Records of the Johnson
County Recorder's Office, 530.00 feet, to the Northeast Corner of said Lyman Subdivision,
and the Southeast Corner of a Parcel of Land conveyed by Warranty Deed as recorded in
Deed Book 453, at Page 167 of the Records of the Johnson County Recorder's Office;
Thence N01°00'12"W, along the East Line of said Conveyed Parcel, and the East Line of
a Parcel of Land conveyed by Warranty Deed as Recorded in Deed Book 446, at Page
261, of the Records of the Johnson County Recorder's Office, 280.14 feet, to the
Northeast Corner thereof, and the Southeast Corner of a Parcel of Land conveyed by
Warranty Deed as Recorded in Deed Book 1029, at Page 395 of the Records of the
Johnson County Recorder's office; Thence N00°51'17"W, along the East Line of said
Conveyed Parcel, 108.92 feet, to the Northeast Corner thereof; Thence N00°49'22"W,
325.93 feet, to the Southwest Corner of a Parcel of Land conveyed by Warranty Deed as
Recorded in Deed Book 329, at Page 313, of the records of the Johnson County
Recorder's Office; Thence S87°42'15"E, along the South Line of said Conveyed Parcel,
106.01 feet, to the Southeast Corner thereof; Thence N01°00'15"W, along the East Line of
said Conveyed Parcel, 218.01 feet, to the Northeast Corner thereof, and a Point on the
North Line of said Southwest Quarter, Thenca S87°41'39"E, along said North Line, 436.24
feet, to the Point of Beginning. Said Rezoning Parcel contains 35.08 acres, more or less,
and is subject to easements and restrictions of record.
c. The following property is hereby reclassified from its current designation of County Suburban
Residential (RS) to Low Density Single-Family Residential (RS-5) without being subject to the
terms and conditions of the Conditional Zoning Agreement attached hereto and incorporated
herein:
Commencing at the SW comer of Section 7-79-5 proceed northerly 1125.12; and easterly
769.7' to point of beginning; thence easterly 303.59'; northerly 1431.84' to C/L of Lower
West Branch Road; westerly along the Center line of Lower West Branch Road 302.7';
then southerly 1448.3' to point of beginning.
SECTION II. ZONING MAP. The Building Inspector is hereby authorized and directed to
change the zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the
final passage, approval and publication of this ordinance as provided by law.
SECTION III. CONDITIONAL ZONING AGREEMENT. Following final passage and approval
of this ordinance, the Mayor is hereby authorized and directed to sign, and City Clerk to attest,
the Conditional Zoning Agreement between the property owners and applicant of the 95.2 acre
tract requested for voluntary annexation and the City.
SECTION IV. CERTIFICATION AND RECORDING, Upon passage and approval of the
Ordinance, and after execution of the Conditional Zoning Agreement, the City Clerk is hereby
Ordinance No.
Page 4
authorized and directed to cedify a copy of this ordinance and the Conditional Zoning
Agreement and to record the same at the office of the County Recorder of Johnson County,
Iowa, at the owner's expense, all as provided by law.
SECTION V. REPEALER. All ordinances and parts of ordinances in conflict with the provision
of this ordinance are hereby repealed.
SECTION VI. SEVERABILITY. If any section, provision or part of this 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 VII. EFFECTIVE DATE. This ordinance shall be in effect after its final passage,
approval and publication, as required by law.
Passed and approved this day of ,20
MAYOR
ATTEST:
CITY CLERK
/
ys
ppdadmin/ordaindemannkabela.doc
Ordinance No.
Page __
It was moved by and seconded by that the Ordinance
as road be adopted, and upon roll call there wero:
AYES: NAYS: ABSENT:
Champion
Kanner
Lehman
O'Donnell
Pfab
Vanderhoef
Wilbum
First Consideration 8/21/01
Voteforpassage: AYES: Champ'ion, Kanner, Lehman, 0'Donnell, Vanderhoef,
Wi]burn. NAYS: Pfab. ABSENT: None.
Second Consideration 9/11/01
Vote for passage:AYES: Pfab, Vande~'hoef, W1 '1 burn, Charnp~ on, Kanner, Lehman,
0'Donnell. NAYS: None. ABSENT: None.
Date published
Prepared by: John Yapp, Assoc. Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5247
CONDITIONAL ZONING AGREEMENT
THIS AGREEMENT is made by and between the City of Iowa City, Iowa, a municipal corporation
(hereinafter "City"), Robed Lindemann, Chades Lindemann and Ruth Kabela, et al (hereinafter
"Owners") and Southgate Development Company (hereinafter "Applicant"); and
WHEREAS, Owners are owners and legal title holders of approximately 95.2 acres of property located
north of Court Street, south of Lower West Branch Road, and east of Hummingbird Lane/Scott Park
Drive; and
WHEREAS, the Applicant, on behalf of the Owners, has requested the voluntary annexation of the
approximately 95.2 acre tract and the rezoning of this property from County RS, Suburban
Residential, to Low Density Single-Family Residential, RS-5, (35.08 acres) and Medium Density
Single-Family Residential, RS-8 (60.13 acres); and
WHEREAS, the proposed annexation has been approved by the City; and
WHEREAS, the Planning and Zoning Commission has determined that, with appropriate conditions
ensuring that the development of the property in accordance with the neighborhood design policies of
the Northeast District Plan, and with provisions for infrastructure improvements such as sewer
extensions and financial contributions toward the improvement of Lower West Branch Road, the
proposed rezoning is in conformance with the Northeast District Plan, which is part of the
Comprehensive Plan; and
WHEREAS, Iowa Code Section 414.5 (2001) provides that the City of Iowa City may impose
reasonable conditions on granting an applicant's rezoning request, over and above existing
regulations, in order to satisfy public needs directly caused by the requested change; and
WHEREAS, the Owners and Applicant acknowledge that certain conditions and restrictions are
reasonable to ensure that the development of the property is in general accordance with the
neighborhood design policies of the Northeast Distdct Plan; and
Lindemann Conditional Zoning Agreement
Page 2
WHEREAS, the Owners and Applicant have agreed to use this property in accordance with the terms
and conditions of a Conditional Zoning Agreement to ensure that the above-referenced
Comprehensive Plan 3olicies are addressed.
NOW, THEREFORE, in consideration of the mutual promises contained herein, the Parties agree as
follows:
1. Robed Lindemann, Chades Lindemann, and Ruth Kabela et al are the owners and legal title
holders, and Southgate Development Company is the contract purchaser of a portion of the
property legally described as follows:
The East 100 acres of the Southwest Quarter of Section 7, Township 79 North, Range
5 West of the 5th P.M., except for the following described tracts:
Tract 1:
Commencing at the North East corner of the South West one-quarter of section 7,
Township 79, North, Range 5 West of the fifth principal meridian in Johnson County,
Iowa; thence North 87 Degrees 45 minutes West along the north line of the said South
West one-quarter for a distance of 707.5 feet to the point of beginning, thence South 2
degrees 15 minutes West for a distance of 321.4 feet, thence North 87 degrees 45
minutes West for a distance of 247.2, thence North 2 Degrees 15 minutes East for a
distance of 321.4 feet, thence South 87 degrees 45 minutes East along the North line
of the said South West one-quarter for a distance of 247.2 feet to the point of
beginning; containing an area of 1.82 acres more or less.
Tract 2:
Commencing at the N.E comer of the S.W., 1/4 Section 7 Twp. 79 North, Range 5
West of the 5th P.M.; thence North 87045" West along the North line of said S.W. ¼ for
a distance of 1203.8 feet to the N.W. comer of Tract #2 of survey in said SW. ¼
Section 7-79-5 recorded in Plat Book 8, page 35, Plat Records of Johnson County,
Iowa; thence on North 87°45' West along said North line of said S.W. ¼ 436 feet to the
point of beginning; thence from said point of beginning, South 1°3' East, 218 feet;
thence North 87045. West 100 feet; thence North 1°03" West 218 feet to the North line
of said S.W. ¼; thence South 8705. East 100 feet to the point of beginning, containing
one-half acre more or less subject to easements and restrictions of record,
Tract 3:
Commencing at the Northeast corner of the Southwest one-quarter of section 7,
Township 79 North, Range 5 West of the fifth Principal Meddian in Johnson County,
Iowa; thence North 87 degrees 45 minutes West along the North line of said south
West one-quarter for a distance of 954.7 feet to the point of beginning, thence South 2
degrees 15 minutes West for a distance of 321.4 feet, thence North 87 degrees 45
Lindemann Conditional Zoning Agreement
Page 3
minutes West for a distance of 249.1 feet, thence North 2 degrees 15 minutes East for
a distance of 321.4 feet, thence South 87 degrees, 45 minutes East along the North
line of the said South West one-quarter for a distance of 249.1 feet to the point of
beginning; containing an area of 1.84 acres more or less.
Tract 4:
Beginning at the Southeast Corner of the Southwest Quarter of Section 7, Township 79
North, Range 5 West, of the Fifth Principal Meridian; Thence N88°43'59"W, along the
South Line of said Southwest Quarter, 1036.36 feet; Thence S14°38'50"W, 2.38 feet,
to the Northeast Corner of Scott Boulevard East, Part One, in accordance with the Plat
thereof Recorded in Plat Book 31, at Page 131, of the Records of Johnson County
Recorder's Office; Thence N88°53'21"W, along the North Line of said Scott Boulevard
East, Part One, a distance of 683.17 feet; thence N00°39'55"W, along said North Line,
and the East Line of Scott Boulevard East, Part Two, in accordance with the Plat
thereof Recorded in Plat Book 33, at Page 225, of the Records of Johnson County
Recorder's Office, 75.04 feet; Thence S88°53'21"F, 9.02 feet; Thence Northeasterly,
75.34 feet, along a 1360.00 foot radius curve, concave Northwesterly, whose 75.33
foot chord bears N89°31'26"E; Thence N87°56'13"E, 103.03 feet: Thence
Northeasterly, 79.77 feet, along a 1440.00 foot radius curve, concave Southeasterly,
whose 79.76 foot chord bears N89°31'26"E; Thence S88°53'21 "E, 771.32 feet: Thence
Northeasterly, 372.64 feet, along a 960.00 foot radius curve, concave Northwesterly,
whose 370.30 foot chord bears N79°59'27"E; Thence N68°52'I4"E, 114.88 feet; Thence
Northeastedy, 203.49 feet, along a 1040.00 foot radius curve, concave Southeasterly,
whose 203.16 foot chord bears N74°28'33"E: Thence N80°04'52"E, 14.62 feet, to a
Point on the East Line of said Southwest Quarter of Section 7; Thence S00°05'18"E,
along said East Line, 261.42 feet, to the Point of Beginning. Said Parcel of land
contains 4.45 acres, more or less, and is subject to easements and restrictions of
record.
Resultant tract contains 105.04 Acres more or less and is subject to easements and
restrictions of record.
2. Owners and Applicant acknowledge that the City wishes to ensure appropriate residential
development that generally conforms to the neighborhood design policies contained within the
Northeast District Plan. Further, the parties acknowledge that Iowa Code Section 414.5 (2001)
provides that the City of Iowa City may impose reasonable conditions on granting an applicant's
rezoning request, over and above the existing regulations, in order to satisfy public needs
directly caused by the requested change, including provisions for adequate infrastructure
necessary to support urban development. Therefore, Owners and Applicant agree to certain
conditions over and above City regulations as detailed below.
3. In consideration of the City's rezoning the subject property, Owner and Applicant agree that
development of the subject property will conform to all other requirements of the zoning
chapter, as well as the following conditions:
Lindemann Conditional Zoning Agreement
Page 4
a. Owners and Applicant agree that preliminary and final plats for the eventual
development of this property will demonstrate general compliance with the
neighborhood design policies contained within the Northeast District Plan, and that the
City will take these policies into consideration during its review of said plats. These
policies include, but are not limited to, the provision of an interconnected street system,
cul-de-sac streets only where other options are not practical, designing sidewalk and
trail connections, and neighborhood access to open space, as an integral part of the
neighborhood. in this instance, the eventual development of the neighborhood shall
include the construction of a trail and greenway corddor along the drainageway/wetland
system that bisects the property, said corridor to include centrally-located parkland.
b. Owners and Applicant agree to provide, without compensation, easements up to thirty
(30') feet wide for a sewer main parallel to the drainageway/wetland area and to serve
the Hummingbird Lane properties on the west side of the property. If a sewer easement
is extended parallel to the rear lot lines of properties fronting on Hummingbird Lane,
one-half of the easement shall be within the rear yards of the properties fronting on
Hummingbird Lane, and one-half of the easement will be in the subject property being
annexed.
c. Prior to any plats or development being approved on the property north of the midway
point between Lower West Branch Road and Court Street, the reconstruction of Lower
West Branch Road must be or have been included in a funded (budgeted for) year in
Iowa City's Capital Improvements Program. Additionally, prior to any plats or
development being approved for the property north of the midway point between Lower
West Branch Road and Court Street, the Owner and Applicant agree to contribute
funds to City for the reconstruction of Lower West Branch Road. The Owners and
Applicant agree that the amount of funds to be contributed to City for the reconstruction
of Lower West Branch Road is $217,500, including $31,755 for the area to be rezoned
RS-5, and $185,745 for the area to be rezoned to RS-8. The funds to be paid to City
for the reconstruction of Lower West Branch Road may be paid on a per-acre basis, as
part of final plat approval, with funds to be paid, without interest, calculated on the total
acreage being final platted. Although the funds may be paid on a per-acre basis, at no
point will the total amount paid exceed $31,755 for the area to be rezoned to RS-5 and
$185,745 for the area to be rezoned to RS-8.
Lindemann Conditional Zoning Agreement
Page 5
Furthermore, platted street connections to Lower West Branch Road are required as
this property is platted in order to ensure an equal distribution of traffic throughout the
neighborhood. Said street connections shall not be constructed until Lower West
Branch Road is reconstructed to urban standards.
4. The Owners, Applicant and City acknowledge that the conditions contained herein are
reasonable conditions to impose on the land under Iowa Code Section 414.5 (2001), and that
said conditions satisfy public needs which are caused by the requested zoning change.
5. The Owners, Applicant and City acknowledge that in the even the subject property is
transferred, sold, redeveloped, or subdivided, all redevelopment will conform with the terms of
this Conditional Zoning Agreement.
6. The parties acknowledge that this Conditional Zoning Agreement shall be deemed to be a
covenant running with the land and with title to the land, and shall remain in full force and
effect as a covenant with title to the land, unless or until released of record by the City.
The parties further acknowledge that this agreement shall inure to the benefit of and bind all
successors, representatives and assigns of the parties.
7. Applicant acknowledges that nothing in this Conditional Zoning Agreement shall be construed
to relieve the Owners or Applicant from complying with all applicable local, state and federel
regulations.
8. The parties agree that this Conditional Zoning Agreement shall be incorporated by reference
into the ordinance rezoning the subject preperty, and that upon adoption and publication of the
ordinance, this agreement shall be recorded in the Johnson County Recorders Office at the
Applicant's expense.
Dated this ~i day of r-~'v-L.--~ ,2001.
OMPANY
-- By
Harry . , e Presiden Ernest W. Lehman, Mayor
Lindemann Conditional Zoning Agreement
Page 6
Attest:
Madan K. Karr, City Clerk
Approved by:
City Attorney's Office
Ro rt Lind mann
Ruth Kabela
STATE OF IOWA )
) ss
COUNTY OF JOHNSON )
on thisday of ,/,Z-, 2001, before me, the undersignad, a
Notary Public in and for the State of Io~a, personally appeared Harry R. Wolf, to me personally
known, who being by me duly sworn did say that he is the Vice President of Southgate Development
Company, inc.; that the seal affixed hereto is the seal of the said corporation; that said instrument was
signed and sealed on behalf of the corporation by authority of its Board of Directors; and Harry R.
Wolf, as such officer, acknowledged the execution of the foregoing instrument to be the voluntary act
and deed of the corporation, by it and by him voluntarily executed.
,"~' t %,.Z'~-.. ,owa
STATE OF IOWA )
) Ss:
COUNTY OF JOHNSON )
On this 5\ %'~ day of a~pp~ear'~ ,2001, before me, a Notary Public in and for the
State of Iowa, personally d Charles Lindemann, Robert Lindemann and Ruth Kabela, to me
known to be the persons who executed the foregoing instrument.
t,SHARI WEDON
Commisslo~ Number 193876 Notary Public in and for the State of Iowa
Lindemann Conditional Zoning Agreement
Page 7
Lindemann Conditional Zoning Agreement
Page 8
STATE OF IOWA )
) ss:
COUNTY OF JOHNSON )
On this day of , 2001, before me,
, a Notary Public in and for the State of Iowa, personally appeared
Ernest W. Lehman and Madan K. Karr, 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
contained in (Ordinance) (Resolution) No. passed by the City Council, on the
day of ,2001, and that Ernest W. Lehman 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
My commission expires:
ppdadmlagtlcT. t~-Iindemann.doc