1. (Office CLdminidtoata*
      2. C^Uuj) ^ '^LcuJ-^
      Prepared by Steven Boka. 215 Sycamore St. Muscatine. Iowa 563.262.4141
      ORDINANCE NO. 92506-0813
      AN ORDINANCE VACATING CERTAIN RIGHTS-OF-WAY
      IN THE CITY OF MUSCATINE, IOWA.
      WHEREAS,
      the Planning and Zoning Commission of the City of Muscatine has
      recommended the vacation of certain rights-of-way located in and adjacent to Block 2 in
      Burnside's 2nd Addition to the City of Muscatine; and
      WHEREAS,
      the City Council of the City of Muscatine has conducted a public hearing on
      said vacation requests;
      NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
      CITY OF MUSCATINE, IOWA
      as follows:
      Section I. The following described real estate be vacated by the City of Muscatine,
      Iowa:
      Being that part of the unimproved alley right-of-way in Block 2, Burnside's 2nd Addition to the City of
      Muscatine, Muscatine County, Iowa.
      More particularly described as follows:
      LAND DESCRIPTION - CLARK
      A PART OFTHE TWENTY FOOT ALLEY LOCATED IN BLOCK2 OF BURNSIDE'S 2ndADDITION TO THE CITY OF
      MUSCATINE, MUSCATINE COUNTY, IOWA.
      BEGINNING AT THE NORTHWEST CORNER OF LOT 3 IN BLOCK 2 OF BURNSIDE'S 2nd ADDITION; THENCE NORTH
      41°05'16" WEST 20.00 FEET; THENCE NORTH 48°46'39" EAST 55.17 FEET; THENCE SOUTH 41°05'16" EAST 20.00 FEET;
      THENCE SOUTH 48°46'39" WEST 55.17 FEET TO THE POINT OF BEGINNING; CONTAINING 1103 SQUARE FEET.
      LAND DESCRIPTION - CASTILLO
      A PART OFTHE TWENTY FOOT ALLEY LOCATED IN BLOCK 2 OF BURNSIDE'S2ndADDITION TO THE CITY OF
      MUSCATINE, MUSCATINE COUNTY, IOWA.
      BEGINNING AT THE NORTHWEST CORNEROF LOT 2 OFBURNSIDE'S2ndADDITION;THENCE NORTH 41°05'16"
      WEST 20.00 FEET; THENCE NORTH 48°46'39"EAST 49.86 FEET; THENCE SOUTH 41°05'16" EAST 20.00 FEET; THENCE
      SOUTH 48°46'39" WEST 49.86 FEET TO THE POINT OF BEGINNING; CONTAINING 997 SQUARE FEET.
      LAND DESCRIPTION - SCHROEDER
      A PART OF THE TWENTY FOOT ALLEY LOCATED IN BLOCK2 OF BURNSIDE'S2nd ADDITION TO THE CITY OF
      MUSCATINE, MUSCATINE COUNTY, IOWA.
      BEGINNING AT THE NORTHWEST CORNER OF LOT 1 IN BLOCK2 OF BURNSIDE'S 2nd ADDITION; THENCE NORTH
      41°05'16" WEST 20.00 FEET; THENCENORTH 48°46'39" EAST 50.00 FEET; THENCE SOUTH 41°05' 16" EAST 20.00 FEET;
      THENCE SOUTH 48°46'39" WEST 50.00 FEET TO THE POINT OF BEGINNING; CONTAINING 1000 SQUARE FEET.
      LAND DESCRIPTION - ALLISON
      A PART OF THE TWENTY FOOT ALLEY LOCATED IN BLOCK 2 OF BURNSIDE'S 2ND ADDITION TO THE CITY OF
      MUSCATINE, MUSCATINE COUNTY, IOWA.
      BEGINNING AT THE NORTHEAST CORNEROF LOT 4 IN BLOCK 2 OF BURNSIDE'S2nd ADDITION;THENCE SOUTH
      48°46'39" WEST 44.65 FEET; THENCE NORTH 41°05" 16" WEST 20.00 FEET; THENCE NORTH 48°46'39" EAST 44.65 FEET;
      THENCE SOUTH 41°05'16" EAST 20.00 FEET TO THE POINT OF BEGINNING; CONTAINING 893 SQUARE FEET.
      Section II. Any Ordinance or part thereofin conflict or inconsistent with the
      provisions of this Ordinance is repealed.
      PASSED, APPROVED AND ADOPTED
      this 15th day of August, 2013.
      BY THE CITY COUNCIL OF THE
      CITY OF MUSCATINE, IOWA
      .^ggjg
      1st Reading: August 1,2013
      ,nd
      2na Reading: August 15, 2013
      3rd Reading: August 15, 2013
      Publication
      LAND
      DBSOnPTION
      -
      SCHROEDER
      A
      PAST
      OT
      THE
      TTENTT
      rOOT
      ALLET
      LOCATED
      H
      BLOCK
      2
      07
      BURNSJDS'S
      2ND
      ADDITION
      TO
      THE
      Off
      OT
      MUSCATINE.
      KUSCATINE
      COUNTT.
      IOTA.
      BEGINNING
      AT
      THE
      NORTHTEST
      CORNER
      07
      LOT
      1
      IN
      BUXX
      2
      07
      BURNSIDE'S
      2ND
      ADDITION;
      THENCE
      NORTH
      41*06'16*
      TEST
      20.00
      RET;
      THENCE
      ROOT
      48*46*39*
      EAST
      60.00
      VTSTi
      THENCE
      SOUTH
      41*0S'16*
      EAST
      20.00
      RET;
      THENCE
      SOUTH
      48*46'39'
      TEST
      50.00
      RET
      TO THE
      POINT
      OT
      BEGINNING:
      CONTAINING
      1000
      SQUABS
      RET.
      LAND DESCRIPTION - CASTILLO
      A
      PART
      Or
      THE
      TTENTT
      TOOT
      ALLEY
      LOCATED
      IN
      BLOCK
      2
      07
      BURNSIDE'S
      2ND
      ADDITION
      TO
      THE
      CITY
      07
      MUSCATINE,
      MUSCATINE
      COUNTT,
      IOTA.
      BEGINNING
      AT
      THE
      NOHTHTEST
      CORNER
      07
      LOT
      2
      H
      BLOCK
      2
      07
      BURNSIDE'S
      2ND
      ADDITION;
      THENCE
      NORTH
      41*05*16'
      TEST
      20.00
      RET;
      THENCE
      NORTH
      48*46*39*
      EAST
      49.66
      RET;
      THENCE
      SOUTH
      41*05'16*
      EAST
      20.00
      RET:
      THSNCB
      SOUTH
      46*46'39*
      TEST
      49.66
      RET
      TO THE
      POINT
      07
      BBGDWINC:
      CONTAINING
      997
      SQUARE
      RET.
      LAND DESCRIPTION - CLARK
      A
      PART
      07
      THE
      TTENTT
      FOOT
      AILBT
      LOCATED
      IN
      BLOCK
      2
      OT
      BURNSJDB'S
      2ND
      ADDITION
      TO
      THE
      CUT
      07
      MUSCATINE,
      MUSCATINE
      COUNTT,
      IOTA.
      BEGINNING
      AT
      THE
      NOHTHTEtff
      CORNER
      07
      LOT
      3
      W
      BLOCK
      2
      07
      BURNSIDE'S
      2ND
      ADDITION;
      THENCE
      NORTH
      41*05'16'
      TEST
      20.00
      RET;
      THENCE
      NORTH
      48*48*39'
      EAST
      66J7
      RET;
      THENCE
      SOUTH
      41*05'18*
      EAST
      20.00
      RET:
      THENCB
      SOUTH
      48*46*39*
      TEST
      55.17
      RET
      TO THE
      POINT
      OP
      BEGINNING;
      CONTAINING
      1103
      SQUARE
      RET.
      LAND
      DESCRIPTION
      - ALLISON
      A
      PART
      OT
      THE
      TTENTT
      TOOT
      ALLEY
      LOCATED
      Di
      BLOCK
      2 07
      BURNSIDE'S
      2ND
      ADDITION
      TO
      THE
      OTT 07
      MUSCATINE.
      MUSCATINE
      COUNTY,
      IOTA.
      BEGINNING
      AT
      THE
      NORTHEAST
      CORNER
      07
      LOT
      4
      Di
      BLOCK
      2
      OT
      BURNSIDE'S
      2ND
      ADDITION;
      THENCE
      SOUTH
      48*48'S9*
      TEST
      44.66
      RET;
      THENCE
      NORTH
      41*05*16*
      TEST
      20.00
      RET;
      THENCE
      NORTH
      48*46*39"
      BAST
      44.65
      RET.
      THENCB
      SOUTH
      41*06*16*
      EAST
      20.00
      RET;
      TO THE
      POINT
      OT
      BEGINNING;
      CONTAINING
      893
      SQUARE
      RET.
      The
      uSfity
      oOMfrionts
      cs
      shown
      ore
      occeptoblo
      to
      the
      following
      utffities:
      CENIUftUNK,
      IX
      Title
      Dots
      INTERSTATE
      POWER
      AND
      UGHT,
      AN
      AUHNT
      ENERGY
      COMPANY
      MUSCATINE
      POWER
      &
      WATER
      Title
      Dote
      Transmission
      ft Distribution
      Title
      Dote
      Water
      Production
      &
      Distribution
      Title
      Date
      Communications
      Title
      Date
      PROPRIETORSi
      LOTS
      I
      t
      6.
      DENNIS E. «
      P.
      DIANE
      SCHROEDER
      LOT
      2.
      JUNIOR
      CASTILLO
      LOT 3.
      t
      PART
      OF
      LOTS
      4 < 5. DAN
      I
      CYNTHIA L.
      CLARK
      PART
      OF
      LOTS
      4«
      5.
      LINDA
      L.
      ALLISON
      I hereby certify that this
      land
      surveying
      document was
      prepared
      and the
      related
      survey work was
      performed
      by me or undermy direct
      personal
      supervision
      and
      that I em a duly
      Licensed
      Land
      Surveyor
      under the
      laws
      of
      the
      State
      of
      Iowa.
      Gary
      W.
      Whitacre
      Date
      Reg. No.
      10316
      My
      license
      renewal
      date is
      December
      31,
      2013
      Pages
      or sheets coveredby this
      seal:
      1
      Martin
      &
      Whitacre
      Surveyors
      &
      Engineers,
      Inc.
      P.O.
      BOX
      413
      (563)263-7691
      MUSCATINE.
      IOWA
      PAN
      *
      CINDY
      CLARK
      vacation
      plat
      PART OF
      BURNSIDE'S
      2ND
      ADD,
      IN
      IT*
      CITY OF
      MUSCATINE,
      IA
      RLE
      BOOK
      SCALE
      3URN5Ce,5BUHN5<PE,9
      l*»5Q*
      REV.
      ORN
      PM
      CHrCD
      nesn
      survey.ph6
      DATE
      JOB
      NO.
      T65TI3
      SHEET
      |
      OP |
      City Hall, 215 Sycamore St.
      Muscatine, IA 52761-3840
      (563) 262-4141
      MUSCATINE
      Fax (563) 262-4142
      COMMUNITY DEVELOPMENT
      Planning,
      Zoning,
      Building Safety,
      Construction Inspection Services,
      Public Health,
      Housing Inspections,
      Code Enforcement
      MEMORANDUM
      To:
      Mayor and City Council Members
      Cc:
      Gregg Mandsager, City Administrator
      From:
      Steven Boka, Director of Community Development
      Date:
      August 12, 2013
      Re:
      Ordinance - Vacation of Alley Remnant
      INTRODUCTION:
      A request has been submitted by Daniel B. and Cynthia L. Clark to vacate,
      sell and transfer a twenty-foot (20') wide unimproved alley remnant located behind their home
      located at 305 Burnside.
      BACKGROUND:
      Daniel and Cynthia Clark own Lots 3 &5 of the Burnside 2nd Addition to the
      City of Muscatine. The Clark's would like to construct a detached garage on the Lot 5 but are
      not permitted to construct a garage on a vacant lot unless it is attached (contiguous) to the
      same property where the home is located. Adjacent property owners were contacted by the
      Clark's and have indicated their support for the Clark request and have also agreed to acquire
      the remnants located behind their homes located at 301 (Schroeder) & 303 (Castillo) Burnside,
      and Allison (307). A Public Hearing was scheduled and the City Council approved the
      Ordinance vacating the alley ROW on first reading during their August 1st meeting. Since there
      were no objections filed during the public hearing, the Clark's are requesting that the City
      Council waive the second reading of the Ordinance and approve the vacation on final reading
      during the August 15th meeting.
      RECOMMENDATION/RATIONALE:
      There are no other property owners that abut this
      unimproved alley. It is recommended that the City Council waive the 2nd reading and adopt the
      attached Ordinance on final reading.
      BACKUP INFORMATION:
      1.
      Ordinance
      2. Vacation Plat
      3. Clark email
      '1 remember Muscatine for its sunsets. I have neverseen any
      on either side of the ocean that equaled them" — Mark Twain
      8/12,13
      City of Muscatine Mail -vacation of alley
      vacation of alley
      Cindy Clark
      <CCIark@slhlaw.com>
      Mon, Aug 12, 2013 at 8:42 AM
      To: sboka@muscatineiowa.gov
      Mr.Boka since there was no opposition at the last City Council meeting on the request to vacate the alley that
      runs behind our property, I am requesting that the reading on Thursday, August 15, 2013 be the second and final
      reading. All property
      owners are in agreement and will purchase their portion of the alley.
      Please let me know ifyou have any questions.
      Dan & Cindy Clark
      Cynthia £. eiwdl
      (Office
      CLdminidtoata*
      (STANLEY,
      JLJaNDE
      &
      jl|uNTER
      Attorneys and Counselors
      301 Iowa Avenue
      Suite 400
      Muscatine, Iowa 52761
      Telephone: 563.264.5000
      Facsimile: 563.263.8775
      www.slhlaw.com
      cclark@slhlaw.com
      The information transmitted by the following e-mail is intended only for the addressee and may contain confidential and/or privileged
      material Any interception, review, retransmission, dissemination, or other use of, or taking of any action upon this information by persons
      or entities other than the intended recipient is prohibited by law and may subject them to criminal or civil liability. If you received this
      communication in error, please contact us immediately at (563)264-5000, and delete the communication from any computer or network
      system.
      1/2
      https-7/mail.gcog
      le.corWrriail/u/0r?ui=28ar^f5c7c18695&
      14072cab084c0f8c
      PROOF OF PUBLICATION
      I,JeffLee, being duly sworn, on my oath, say that Iam an advertising clerk at the
      MuscatineJournal,
      a newspaper
      of general circulation, published in the City of
      Muscatine, Muscatine County, Iowa; and that the following Notice:
      Muscatine City Clerk
      Ordinance No. 92506-0813
      Of which the annexed printed slip is a true, correct and complete copy, was published
      in said
      Muscatine Journal
      one time having been made there in on:
      August 20, 2013
      STATE OF IOWA
      MUSCATINE COUNTY
      20th day of August 2013
      C^Uuj)
      ^
      '^LcuJ-^
      D. Trinh, Notary Public
      Stefanie D. Trinh
      Iowa Notarial Seal
      Commission number 778997
      My Commission Expires 06/20/2016
      ORDINANCE NO. 92506-0813
      AN ORDINANCE VACATING CERTAIN
      RIGHTS-OF-WAY
      IN THE CITY OF MUSCATINE. IOWA.
      WHEREAS, the Planning and Zoning
      Commission ol the City of Muscatine has
      recommended the vacation ot certain
      rights-of-way located in and adjacent to
      Block 2 in Burnside's 2nd Addition to the
      Cityof Muscatine; and
      WHEREAS, the City Council of the City
      of Muscatine has conducted a public
      hearing on said vacation
      requests;
      NOW, THEREFORE. BE IT ORDAINED
      BY THE CITY COUNCIL OF THE CITY
      OF MUSCATINE, IOWA as follows:
      Section I. The following described real
      estate be vacated by the City of Musca
      tine, Iowa;
      Being that part of the unimproved alley
      right-of-way in Block 2, Burnside's 2nd
      Addition to the City of Muscatine, Musca
      tine County, Iowa.
      More particularly
      described as follows:
      LAND DESCRIPTION - CLARK
      A PART OF THE TWENTY FOOT ALLEY
      LOCATED IN BLOCK 2 OF BURNSIDE'S
      2ND ADDITION TO THE CITY OF MUS
      CATINE. MUSCATINE COUNTY, IOWA.
      BEGINNING AT THE NORTHWEST
      CORNER OF LOT 3 IN BLOCK 2 OF
      BURNSIDE'S 2ND ADDITION; THENCE
      NORTH 4r05'16* WEST 20.00 FEET;
      THENCE NORTH 48-46'39" EAST 55.17
      FEET; THENCE SOUTH 41"05'16" EAST
      20.00 FEET; THENCE SOUTH 48°46'39"
      WEST 55.17 FEET TO THE POINT OF
      BEGINNING;
      CONTAINING
      1103
      SQUARE FEET.
      LAND DESCRIPTION - CASTILLO
      A PART OF THE TWENTY FOOT ALLEY
      LOCATED IN BLOCK 2 OF BURNSIDE'S
      2ND ADDITION TO THE CITY OF MUS
      CATINE, MUSCATINE COUNTY, IOWA.
      BEGINNING AT THE NORTHWEST
      CORNER OF LOT 2 OF BURNSIDE'S
      2ND
      ADDITION:
      THENCE
      NORTH
      41c05'16" WEST 20.00 FEET; THENCE
      NORTH 48°46'39- EAST 49.86 FEET;
      THENCE SOUTH 41'05'16- EAST 20.00
      FEET;
      THENCE
      SOUTH
      48°46'39"
      WEST 49.86 FEET TO THE POINT OF
      BEGINNING;
      CONTAINING
      997
      SQUARE FEET.
      LAND DESCRIPTION - SCHROEDER
      A PART OF THE TWENTY FOOT ALLEY
      LOCATED IN BLOCK 2 OF BURNSIDE'S
      2ND ADDITION TO THE CITY OF MUS
      CATINE, MUSCATINE COUNTY, IOWA.
      BEGINNING AT THE NORTHWEST
      CORNER OF LOT 1. IN BLOCK 2 OF
      BURNSIDE'S 2ND ADDITION; THENCE
      NORTH 4r05'16" WEST 20.00 FEET;
      THENCE NORTH 48"46,39" EAST 50.00
      FEET; THENCE SOUTH 4r05'16* EAST
      20.00 FEET; THENCE SOUTH 48046'39"
      WEST 50.00 FEET TO THE POINT OF
      BEGINNING;
      CONTAINING
      1000
      SQUARE FEET.
      LAND DESCRIPTION - ALLISON
      A PART OF THE TWENTY FOOT ALLEY
      LOCATED IN BLOCK 2 OF BURNSIDE'S
      2ND ADDITION TO THE CITY OF MUS
      CATINE, MUSCATINE COUNTY, IOWA.
      BEGINNING AT THE NORTHEAST
      CORNER OF LOT 4 IN BLOCK 2 OF
      BURNSIDE'S 2ND ADDITION; THENCE
      SOUTH 48"46'39" WEST 44.65 FEET;
      THENCE NORTH 4r05,16" WEST 20.00
      FEET; THENCE NORTH 48:'46'39- EAST
      44.65 FEET; THENCE SOUTH 41"05'16"
      EAST 20.00 FEET TO THE POINT OF
      BEGINNING;
      CONTAINING
      893
      SQUARE FEET.
      Section II. Any Ordinance or part thereof
      in conflict or inconsistent with the provi
      sions of this Ordinance is repealed.
      PASSED, APPROVED AND ADOPTED
      this 15Uvday of August, 2013.
      BY THE CITY COUNCIL OF THE
      CITY OF MUSCATINE. IOWA
      DeWayne Hopkins, Mayor
      Attest:
      Gregg Mandsager, City Clerk
      1st Reading: August 1, 2013
      2nd Reading: August 15, 2013
      3rd Reading: August 15, 2013
      Publication August 20, 2013

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