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HomeMy Public PortalAboutOrdinances-1996-208 Prepared by: SteWhen N . Greenleaf, POB 1757, Iowa City, IA 52244 , (31.9) 351-1056 CITY OF TIFFIN ORDINANCE NO . 1996- 208 AN ORDINANCE VACATING A PORTION OF STEPHANS STREET BE IT ORDAINED BY THE CITY COUNCIL OF TIFFIN, IOWA: Section 1 . _Purpose_ To vacate the City of Tiffin' s interest in that portion of Stephans Street, as platted in Tiffin East, which lies easterly of the cul-de-sac platted in the Resubd.ivisi.on of Lots 13 through 22 and Outlot "A" in Tiffin East and to convey it back to the previous owners, all in order to facilitate the reconfi.gur-ation of Stephans Street from a cul-de-sac into a continuing street . Section 2 . Findings : The City Council of Tiffin, Iowa, hereby makes the following findings : A. That in order to reconfigure Stephans Street from- ��. ' its present cul-de-sac formation into, a continuing street, the below described property is deemed to be of no benefit to the public and is hereby vacated and deemed to no longer be part of the public streets of Tiffin, Iowa; and B . That the following described property shall be conveyed back to its previous owners, Clarence L. Sewell and James R. Stetzel, by virtue of the Quit Claim Deed, attached hereto, to be executed by the Mayor and City Clerk. 3 . That said property is described as follows and located in Johnson County, Iowa, to-wit : Beginning at the Northeast corner of Lot 12 of Tiffin East; thence Northeasterly 93. 98 feet along a 50 foot radius curve concave Northerly whose 80.74 foot ! chord bears N45°25'29"E; thence N87°30 '55' E a distance of 392. 63 ' to a point on the l East line of Tiffin East; thence S00°17 '41"E along said East line a distance of 60.04 feet; thence S87°30 '55"W a distance of 393.21 feet; thence Northwesterly 57. 45 feet along a 280 foot radius curve concave Northerly whose 57. 35 foot chord bears N86°36'24"W to the point of beginning. Ordinance # 1996-208 Page 2 Section 3 . Repealer . All ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Section 9 . 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 5 . Effective Date . This ordinance shall be in effect: Mi_ Lec its final passage, approval., and posting as provided by law . On the 14th day of August at a regular meeting of the Tiffin City Council, Tiffin, Iowa, Councilperson Brown_ introduced Ordinance No., 1996-208 , and moved that it be given its first reading . motion was seconded by Councilperson Bartels Kern, Walls, Bartels, Brown, and Gericke Ayes : — -- --- -- -- -- --- C None. Naves : i..�. Five members of the council being present and having voted "Aye" , Mayor Glenn R. Potter declared the motion carried, and Ordinance No. 1996-208 , was read the first time and discussed and placed on record. Thereupon, it was moved by Councilperson Walls and seconded by Councilperson Kern that the laws and rules providing that ordinances be considered and voted on for passage at two council meetings prior to the meeting at which it is to be finally passed be suspended and dispensed with and that Ordinance ,No. 1996-208 be placed on its last reading. Ayes : - Kern, Brown,_Bartels, Walls and Gericke Mayes : None Five members of the council being present and having voted "Aye" , Mayor Glenn R. Potter declared the motion carried, and Ordinance No. 1996-208 , was then placed on its last reading and was read the last time . J I 1 Ordinance #1996-208 Page 3 AV Thereupon, it was moved by Councilperson Kern _ and seconded by Councilperson --- - -- _ __-_ _- that Ordinance No . 1996=208 A be placed upon its final assage and adopted. Aye-6 : Brown, Kern, Bartels; Gericke and Walls Nayes : Five members of the council being present and having voted "Aye" , Mayor Glenn R. Potter declared the motion carried, and the ordinance was passed and adoptd . - i Whereupon the mayor declared that Ordinance No. 1996-208 be adopted and signified his approval of same by fixing his signature thereto. Passed by the council k., on th'e 1 � day of August 1996 and approved by the mayor on the 14th day of August .. 1996 . 1 ' - - - - GLENN R. POTTER, Mayor ATTEST: A,Y;d7 MARG ' 'E B. REI1 '' , City Clerk I, Clerk of the City of Tiffin, Iowa, state that an ordinance entitled: Ordinance Vacating a Portion of Stephans Street 1 and known- as No. --119-94— was duly passed by the council on the 14th day of 2� August 1996, and signed by the mayor on the 14th day of August 1996, and published on the 30th day of AugnaL 1996, by posting copies thereof in three public places within the limits of the City of Tiffin, Iowa . That I posted copies of Ordinance No. 1996-208. in the following places : -- — FlanshurHar-aware - Tiffin Post Office Morgans Servi__ MA•G 'E�T B. REIHMA� ,! ity Clerk • 1 Qrdinance. #1990-208 age THE IOWA STATE BAR ASSOCIATION Robert S Michel fOR TILE(EOM EFFECT OF TIrS USE Of • Official Form No.lOB _�. 09240 Lynch,Graenleal&Michael THIS FORM,CONSULT YOUR LAWYSR r :100 Ste p hen N. Greenleaf 1402 Willow Crk Ct Iowa City 319 351 1056 Individual's Neme Street Ad rii City Phone „,,a SPACE ABOVE THIS LINE o*j FOR RECORDER e. 'r1 ;; QUIT CLAIM DEED o1• For the consideration of ONE (1) Dollar(s) end other valuable consideration, CITY OF TIFFIN, IOWA, an Iowa municipality, do hereby Quit Claim to CLARENCE E. SEWELL and JAMES W. STETZEL, all our right, title, interest, estate, claim and demand in the following described real estate in Johnson County. Iowa: Beginning at the northeast corner of Lot 12 of Tiffin East; thence northeasterly 93.98 feet along a 50-foot radius curve concave northerly whose 80.74-foot chord bears N45° 25'29"E; thence N87° 30'55"E a distance of 392.63' to a point on the east line of Tiffin East; thence S00° 17'41"E along said east line a distance of 60.04 feet; thence 587° 30'55"W a distance of 393.21 feet thence northwesterly 57.45 feet along a 280- foot radius curve concave northerly whose 57.35-foot chord bears N86° 36'24"W to the point of beginning. EXEMPTION NO. 6 APPLIES Each of the undersigned hereby relinquishes all rights of dower, homestead and distributive share In and to the real estate. Words and phrases herein, including acknowledgment hereof, shall be construed as in the singular or plural number, and as masculine or feminine gender, according to the context. CITY OF TIFFIN Is Bated: rlJ�c��17 if, : 'G enn R. Patter, _ •r (Grantor) STA OF ss: ``� COU• V. / I c CA _ i \ - ,! On thl day of fly: 'a g. - • •e (Grantor) 19 , .afore me, the undersl. ed, a Notary Public in and •r said State, pe .onally appeared (Grantor) to me known to be the :entical persons named in (Grantor) and who executed e fo -.oing instrument and • acknowledged the ey execu d the same as their voluntary act at • deed. (Grantor) _ (Grantor) Nota Public CT ' form of acknowledgment for Individual grantortal out • (Grantor) Ordinance #21996-208 Page 5 Y STATE OF IOWA ) + COUNTY OF JOHNSON ) ss . On this // " day of 1199 �Q , before me, a Notary Public, in and or /e State of Iowa, personally appeared . Glenn R. Potter and Margaret B. Reihman, 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 Tiffin, Iowa; and 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 the resolution adopted by the city council, and that Glenn R. Potter and Margaret B. Reihman acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporatio , by it voluntarily executed. • EPHEN . e 'EENLEAF, Notary Public in and for the State of Iowa i 1 G_ • • A