Ordinances-2019-449 - Vacation ROW

CITY OF TIFFIN ORDINANCE NO. 2019-449 AN ORDINANCE AMENDING ORDINANCE NO. 2018-442, AN ORDINANCE VACATING A PORTION OF EXISTING PARK ROAD IN TIFFIN, IOWA, TO INCLUDE A COMPLETION DATE FOR THE PRIVATE STREET BE IT ENACTED by the City Council of the City of Tiffin, Iowa: Section I. Purpose: The purpose of this ordinance is to amend the ordinance that vacated a portion of existing Park Road, as shown on the attached plat, by adding a completion date for the private street. Section II. Findings: The City Council of Tiffin, Iowa, hereby makes the following findings: A. That the City of Tiffin held a public hearing on the following proposal: 1. The vacation of the street on the attached plat, which right of way consists of a portion of existing Park Road. B. The right of way described above is not needed for the use of the public, and therefore, its maintenance at public expense is no longer justified. C. The proposed vacation will not deny owners of property abutting it reasonable access to their property. D. That upon the following contingencies being met, the above-described property is vacated and declared no longer a part of the public streets and grounds of Tiffin, Iowa: 1. A private street, including curb, gutter, sidewalks, utilities, and all other improvements requested by the City, is constructed pursuant to the design standards of the City of Tiffin, and approved by the City of Tiffin. The exact location of such private street to be approved by the City Engineer, but generally shall begin at the northernmost point of the Vacation exhibit attached, and continue south until it connects with “Future” Oakdale Boulevard. 2. Upon the City approval of the street, the current owner(s) of the private street as described above shall grant to the City and public an access and utility easement over, under and across the private street, such easement to be approximately 81 feet in width, which easement agreement must be approved and executed by the City. 3. The owner of the real estate abutting the area to be vacated shall be responsible for ensuring the street is constructed as specified herein. If the forgoing contingencies are not met by December 31, 2019, the vacation shall not occur and any rights granted hereunder will revert back to the City.