CITY OF SWISHER

ORDINANCE NO. 206

AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE MUNICIPAL CODE OF SWISHER, IOWA, REGARDING PROPERTY OWNED BY RHINEHART LLC (17.69 ACRES) TO SWISHER, IOWA.

BE IT ENACTED BY THE CITY COUNCIL OF SWISHER, IOWA:

Section 1. Purpose. The purpose of this ordinance is to amend the official zoning map of the Municipal Code of Swisher, Iowa, concerning the property as described as:

BEGINNING AT THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 6, TOWN- SHIP 81 NORTH, RANGE 7 WEST OF THE 5TH PM, SWISHER, JOHNSON COUNTY, IOWA; THENCE N00º28'53"E, ALONG THE WEST LINE OF THE SAID SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 6, A DISTANCE OF 481.35 FEET; THENCE S89º31'07"E, 220.00 FEET; THENCE N88º04'50"E, 97.93 FEET; THENCE N79º57'25"E, 98.21 FEET; THENCE N71º22'28"W, 102.92 FEET; THENCE N62º35'27"E, 64.50 FEET; THENCE S37º56'55"E, 89.78 FEET; THENCE S29º41'31"E, 70.60 FEET; THENCE S17º29'20"E, 70.58 FEET; THENCE N78º41'17"E, 172.00 FEET; THENCE SOUTHEASTERLY, 48.35 FEET, ALONG AN ARC OF A 500.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY WHOSE 48.34 FOOT CHORD BEARS S08º32'30"E; THENCE NORTHEASTERLY 260.02 FEET, ALONG AN ARC OF A 250.00 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY, WHOSE 248.45 FOOT CHORD BEARS N50º50'56"E; THENCE NORTHEASTERLY 616.63 FEET, ALONG AN ARC OF A 1000.00 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY, WHOSE 606.90 FOOT CHORD BEARS N03º23'17"E; THENCE NORTHWESTERLY 164.09 FEET, ALONG AN ARC OF A 330.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, WHOSE 162.40 FOOT CHORD BEARS N28º31'19"W; THENCE N42º46'00"W, 88.42 FEET TO THE NORTHWEST CORNER OF THE SAID SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 6; THENCE S89º59'54"E, ALONG SAID NORTH LINE, 378.82 FEET, TO THE NORTHEAST CORNER OF SAID SOUTHEAST QUARTER; THENCE S00º18'43"W, ALONG THE EAST LINE OF SAID SOUTHEAST QUARTER, 1054.58 FEET, TO THE NORTHEAST CORNER OF THE TRACT RECORDED IN DEED BOOK 214, AT PAGE 496, JOHNSON COUNTY RECORDER'S OFFICE; THENCE S89º58'12"W, ALONG THE NORTH LINE OF SAID TRACT, 165.00 FEET TO THE NORTH- WEST CORNER THEREOF; THENCE S00º18'43"W, ALONG THE WEST LINE OF SAID TRACT, 264.00 FEET, TO A POINT ON THE SOUTH LINE OF SAID SOUTHEAST QUARTER OF SAID SECTION 6; THENCE S89º58'12"W, ALONG THE SOUTH LINE OF SAID SOUTHEAST QUARTER, 1158.22 FEET, TO THE SAID POINT OF BEGINNING. SAID TRACT OF LAND CONTAINS 17.69 ACRES AND IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD.

Section 2. Amendment.

The legally described property listed above:

Shall be zoned classification to 5RM-Residential Mulitfamily.

AND FURTHER, that the official zoning map of the City be amended to reflect the change described herein.

Section 3. Repealer. All ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed.

Section 4. 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 after its final passage, approval, and posting as provided by law.

On the 13^th day of February, 2006 at a regular meeting of the Swisher City Council, Swisher, Iowa, Councilperson K. Feldman introduced Ordinance No.206 and moved that it be given its first reading. The motion was seconded by Councilperson G. Svec.

Ayes: K. Feldman, B. Hoss, T. Perkins, G. Svec, L. Svec

Nayes: None.

Absent: None.

5 members of the council being present and having voted “Aye”, Mayor Scott Grabe declared the motion carried, and Ordinance No. 206, was read the first time and discussed and placed on record.

Thereupon, it was moved by Councilperson B. Hoss and seconded by Councilperson K. Feldman 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. 206 be placed on its last reading.

Ayes: K. Feldman, B. Hoss, T. Perkins, G. Svec, L. Svec

Nayes: None.

Absent: None.

5 members of the council being present and having voted “Aye”, Mayor Scott Grabe declared the motion carried, and Ordinance No.206, was then placed on its last reading and was read the last time.

Thereupon, it was moved by Councilperson G. Svec, and seconded by Councilperson L. Svec that Ordinance No. 206 be placed upon its final passage and adopted.

Ayes: K. Feldman, B. Hoss, T. Perkins, G. Svec, L. Svec

Nayes: None.

Absent: None.

5 members of the council being present and having voted “Aye”, Mayor Scott Grabe declared the motion carried, and the ordinance was passed and adopted.

Whereupon the Mayor declared that Ordinance No. 206 be adopted and signified his approval of same by fixing his signature thereto.

Passed by the council on the 13^th day of February, 2006 and approved by the Mayor on the 13^th day of February, 2006.

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Scott Grabe, Mayor

ATTEST:

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Tawnia Kakacek, City Clerk CMC

I, Clerk of the City of Swisher, Iowa, state that an ordinance entitled AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE MUNICIPAL CODE OF SWISHER, IOWA, REGARDING PROPERTY OWNED RHINEHART LLC(17.69 ACRES) TO SWISHER, IOWA and known as No.206 was duly passed by the council on the 13th day of February 2006, and signed by the Mayor on the 13^th day of February 2006, and published by the 17^th day of February 2005, by posting copies thereof in four public places within the limits of the City of Swisher, Iowa and that I posted copies of Ordinance No. 206 in the following places: Swisher Trust and Savings Bank, Swisher Beauty Shop, Shelton’s Grocery, Swisher Post Office and City Hall.

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Tawnia Kakacek, City Clerk CMC