HomeMy WebLinkAbout5479 - 1/22/2019(RECORDED) VOIDEDIVNMIINYIIIMIIEIMAM1111m
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Black Hawk County Iowa
SANDIE L. SMITH RECORDER
F11e2419-00017429
Prepared by: David R. Zellhoefer, City Attorney, 715 Mulberry St., Waterloo, IA 50703; (319) 291-4327
STATE OF IOWA )
)ss:
BLACK HAWK COUNTY )
AFFIDAVIT
I, David R. Zellhoefer, City Attorney for the City of Waterloo, Iowa, do hereby
state as follows:
That Ordinance No. 5479 which was recorded on March 12, 2019 as Document
No. 2019-00013550, contained a scriveners' error and is null and void. A revised
Ordinance No. 5479 will be filed.
Dated this 9t" day of April, 2019.
Davidellhoefer, Affiant
Subscribed and sworn to before me by the said David R. Zellhoefer, on this 9th
day of April, 2019.
e
otary Public in and for the State
of Iowa. _, /47
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D c ID 009502120004 Type GEN
R 0 rded 03/ 2/2019 at 09:34 06 AM
F e Amt: $22.00 Page 1 of 4
Bla k Hawk Co my Iowa
SANDIE L. SMITH RECORDER
Fi1e2019_00013550
Prepared by LeAnn M. Even Deputy Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA
50703, (319) 291-4323.
ORDINANCE NO. 5479
AN ORDINANCE APPROVING A REQUEST BY THE CITY
OF WATERLOO TO VACATE A 65,490 SQUARE FOOT
PORTION OF AIRLINE HIGHWAY WEST OF 3070 W.
AIRLINE HIGHWAY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA
AS FOLLOWS:
THIS PLAT REPRESENTS A SURVEY OF TRACT "A"
THAT PART OF THE SOUTHEAST QUARTER (SE 1/4) IN SECTION NO. 5,
TOWNSHIP NO. 89 NORTH, RANGE NO. 13 WEST OF THE FIFTH
PRINCIPAL MERIDIAN, CITY OF WATERLOO, BLACK HAWK COUNTY,
IOWA, DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SAID SOUTHEAST
QUARTER, POINT BEING A FOUND '/z" REBAR IN P.C.C. PAVEMENT;
THENCE ALONG THE SOUTH LINE OF SAID SOUTHEAST QUARTER
SOUTH 89°40'50" WEST A DISTANCE OF 937.7 FEET TO THE SOUTHERLY
EXTENSION OF THE EAST LINE OF PARCEL "E" PER PLAT OF SURVEY
RECORDED IN FILE 2016-11511 DATED 12/23/2015 IN THE OFFICE OF THE
BLACK HAWK COUNTY RECORDER; THENCE ALONG SAID
SOUTHERLY EXTENSION NORTH 00°18'40" WEST A DISTANCE OF 33.0
FEET TO A SET %" REBAR WITH LICENSE #23212, ALSO BEING THE
POINT OF BEGINNING; THENCE SOUTH 89°40'50" WEST A DISTANCE OF
204.1 FEET TO A SET '/" REBAR WITH LICENSE #23212; THENCE NORTH
00°19' WEST A DISTANCE OF 27.05 FEET TO A SET `h" REBAR WITH
LICENSE #23212; THENCE NORTH 89°401/4' EAST A DISTANCE OF 204.1
FEET TO THE SOUTHERLY EXTENSION OF THE EAST LINE OF SAID
PARCEL "E", POINT BEING A SET '/" REBAR WITH LICENSE #23212;
THENCE ALONG SAID SOUTHERLY EXTENSION SOUTH 00°18'40" EAST
A DISTANCE OF 27.1 FEET TO THE POINT OF BEGINNING. CONTAINING
5,520 SQ. FT. SUBJECT TO RESTRICTIONS, EASEMENTS, COVENANTS,
ORDINANCES, AND LIMITED ACCESS PROVISIONS OF RECORD AND
NOT OF RECORD.
NO1E: THE SOUTH LINE OF SAID SOUTHEAST QUARTER IS ASSUMED
TO BEAR SOUTH 89°40'50" WEST FOR THIS DESCRIPTION.
THIS PLAT REPRESENTS A SURVEY OF TRACT "B"
THAT PART OF THE SOUTHEAST QUARTER (SE 1/4) IN SECTION NO. 5,
TOWNSHIP NO. 89 NORTH, RANGE NO. 13 WEST OF THE FIFTH
PRINCIPAL MERIDIAN, CITY OF WATERLOO, BLACK HAWK COUNTY,
IOWA, DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SAID SOUTHEAST
QUARTER, POINT BEING A FOUND 'h" REBAR IN P.C.C. PAVEMENT;
THENCE ALONG THE SOUTH LINE OF SAID SOUTHEAST QUARTER
SOUTH 89°40'50" WEST A DISTANCE OF 937.7 FEET TO THE SOUTHERLY
EXTENSION OF THE EAST LINE OF PARCEL "E" PER PLAT OF SURVEY
RECORDED IN FILE 2016-11511 DAZED 12/23/2015 IN THE OFFICE OF THE
BLACK HAWK COUNTY RECORDER; THENCE ALONG SAID
Ordinance No. 5479
Page 2
SOUTHERLY EXTENSION NORTH 00°18'40" WEST A DISTANCE OF 60.1
FEET TO A SET %' REBAR WITH LICENSE #23212, ALSO BEING THE
POINT OF BEGINNING; THENCE SOUTH 89°401/4' WEST A DISTANCE OF
204.1 FEET TO A SET 'h" REBAR WITH LICENSE #23212; THENCE NORTH
00°19' WEST A DISTANCE OF 66.0 FEET TO THE SOUTH LINE OF SAID
PARCEL "E", ALSO BEING THE NORTH RIGHT-OF-WAY OF WEST
AIRLINE HIGHWAY, POINT BEING A SET 1/2" REBAR WITH LICENSE
#23212; THENCE ALONG SAID SOUTH LINE NORTH 89°401/4' EAST A
DISTANCE OF 204.1 FEET THE SOUTHEAST CORNER OF SAID PARCEL
"E", POINT BEING A FOUND 9" REBAR WITH LICENSE #19715; THENCE
ALONG THE SOUTHERLY EXTENSION OF SAID PARCEL "E" SOUTH
00°18'40" EAST A DISTANCE OF 66.0 FEET TO THE POINT OF BEGINNING.
CONTAINING 13,470 SQ. FT. SUBJECT TO RESTRICTIONS, EASEMENTS,
COVENANTS, ORDINANCES, AND LIMITED ACCESS PROVISIONS OF
RECORD AND NOT OF RECORD.
NOTE: THE SOUTH LINE OF SAID SOUTHEAST QUARTER IS ASSUMED
TO BEAR SOUTH 89°40'50" WEST FOR THIS DESCRIPTION.
THIS PLAT REPRESENTS A SURVEY OF TRACT "C"
THAT PART OF THE SOUTHEAST QUARTER (SE 1/4) IN SECTION NO. 5,
TOWNSHIP NO. 89 NORTH, RANGE NO. 13 WEST OF THE FIFTH
PRINCIPAL MERIDIAN, CITY OF WATERLOO, BLACK HAWK COUNTY,
IOWA, DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SAID SOUTHEAST
QUARTER, POINT BEING A FOUND 'h" REBAR IN P.C.C. PAVEMENT;
THENCE ALONG THE SOUTH LINE OF SAID SOUTHEAST QUARTER
SOUTH 89°40'50" WEST A DISTANCE OF 1,141.8 FEET; THENCE NORTH
00°19' WEST A DISTANCE OF 33.0 FEET TO A SET '/2" REBAR WITH
LICENSE #23212, ALSO BEING THE POINT OF BEGINNING; THENCE
SOUTH 89°40'50" WEST A DISTANCE OF 500.0 FEET TO THE SOUTHERLY
EXTENSION OF THE WEST LINE OF PARCEL "E" PER PLAT OF SURVEY
RECORDED IN FILE 2016-11511 DATED 12/23/2015 IN THE OFFICE OF THE
BLACK HAWK COUNTY RECORDER, POINT BEING A SET %2' REBAR
WITH LICENSE #23212; THENCE ALONG SAID SOUTHERLY EXTENSION
NORTH 00°19' WEST A DISTANCE OF 26.95 FEET TO A SET '/2" REBAR
WITH LICENSE #23212; THENCE NORTH 89°40/' EAST A DISTANCE OF
500.0 FEET TO A SET 1/2" REBAR WITH LICENSE #23212; THENCE SOUTH
00°19' EAST A DISTANCE OF 27.05 FEET TO THE POINT OF BEGINNING.
CONTAINING 13,500 SQ. FT. SUBJECT TO RESTRICTIONS, EASEMENTS,
COVENANTS, ORDINANCES, AND LIMITED ACCESS PROVISIONS OF
RECORD AND NOT OF RECORD.
NOTE: THE SOUTH LINE OF SAID SOUTHEAST QUARTER IS ASSUMED
TO BEAR SOUTH 89°40'50" WEST FOR THIS DESCRIPTION.
THIS PLAT REPRESENTS A SURVEY OF TRACT "D"
THAT PART OF THE SOUTHEAST QUARTER (SE 1/4) IN SECTION NO. 5,
TOWNSHIP NO. 89 NORTH, RANGE NO. 13 WEST OF THE FIFTH
PRINCIPAL MERIDIAN, CITY OF WATERLOO, BLACK HAWK COUNTY,
IOWA, DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SAID SOUTHEAST
QUARTER, POINT BEING A FOUND '/2" REBAR IN P.C.C. PAVEMENT;
THENCE ALONG THE SOUTH LINE OF SAID SOUTHEAST QUARTER
Ordinance No. 5479
Page 3
SOUTH 89°40'50" WEST A DISTANCE OF 1,141.8 FEET; THENCE NORTH
00°19' WEST A DISTANCE OF 60.05 FEET TO A SET 1/2" REBAR WITH
LICENSE #23212, ALSO BEING THE POINT OF BEGINNING; THENCE
SOUTH 89°401/4' WEST A DISTANCE OF 500.0 FEET TO THE SOUTHERLY
EXTENSION OF THE WEST LINE OF SAID PARCEL "E", POINT BEING A
SET 1/z" REBAR WITH LICENSE #23212; THENCE ALONG SAID
SOUTHERLY EXTENSION NORTH 00°19' WEST A DISTANCE OF 66.0 FEET
TO THE SOUTHWEST CORNER OF SAID PARCEL "E", ALSO BEING ON
THE NORTH RIGHT-OF-WAY OF WEST AIRLINE HIGHWAY, POINT
BEING A FOUND 1/2" REBAR WITH LICENSE #8033; THENCE ALONG SAID
THE SOUTH LINE NORTH 89°401/4 EAST A DISTANCE OF 500.0 FEET TO A
SET 'A" REBAR WITH LICENSE #23212; THENCE SOUTH 00°19' EAST A
DISTANCE OF 66.0 FEET TO THE POINT OF BEGINNING CONTAINING
33,000 SQ. FT. SUBJECT TO RESTRICTIONS, EASEMENTS, COVENANTS,
ORDINANCES, AND LIMITED ACCESS PROVISIONS OF RECORD AND
NOT OF RECORD.
NOTE: THE SOUTH LINE OF SAID SOUTHEAST QUARTER IS ASSUMED
TO BEAR SOUTH 89°40'50" WEST FOR THIS DESCRIPTION.
shall be, and the same is hereby vacated.
INTRODUCED:
PASSED 1st CONSIDERATION:
PASSED 2nd CONSIDERATION:
PASSED 3rd CONSIDERATION:
January 7, 2019
January 7, 2019
January 14, 2019
January 22, 2019
PASSED AND ADOPTED this 22nd day of January 2019.
ATTEST:
Kelley Felchle
City Clerk
Quentin Hart, Mayor
CERTIFICATE
I, Kelley Felchle, City Clerk of the City of Waterloo, Iowa, do hereby certify that the
preceding is a true and complete copy of Ordinance No. 5479 as passed and adopted by the City
Council of the City of Waterloo, Iowa, on the 22nd day of January 2019.
Witness my hand and seal of office this 2nd day of January 2019.
Kelley Felchl
City Clerk
STATE OF IOWA, }
Black Hawk County, SS
ORDINANCE NO. 5479
AN ORDINANCE APPROVING A RE-
QUEST TO VACATE A 7,500 SQUARE
FOOT PORTION OF BLUFF STREET
RIGHT-OF-WAY, LOCATED BETWEEN
WEST 13TH AND 14TH STREETS,
SUBJECT TO THE RETENTION OF A
UTILITY EASEMENT OVER A PORTION
OF THE AREA TO BE VACATED.
BE IT ORDAINED BY THE CITY
COUNCIL OF THE CITY OF WATER-
LOO, IOWA AS FOLLOWS:
THIS PLAT REPRESENTS A SURVEY
OF TRACT "A"
THAT PART OF THE SOUTHEAST
QUARTER (SE 1/4) IN SECTION NO. 5,
TOWNSHIP NO. 89 NORTH, RANGE
NO. 13 WEST OF THE FIFTH PRINCI-
PAL MERIDIAN, CITY OF WATERLOO,
BLACK HAWK COUNTY, IOWA, DE-
SCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST
CORNER OF SAID SOUTHEAST QUAR-
TER, POINT BEING A FOUND 1/z"
REBAR IN P.C.C. PAVEMENT; THENCE
ALONG THE SOUTH LINE OF SAID
SOUTHEAST QUARTER SOUTH
89°40'0" WEST A DISTANCE OF 937.7
FEET TO THE SOUTHERLY EXTEN-
SION OF THE EAST LINE OF PARCEL
"E" PER PLAT OF SURVEY RECORDED
IN FILE 2016-11511 DATED 12/23/2015
IN THE OFFICE OF THE BLACK HAWK
COUNTY RECORDER; THENCE ALONG
SAID SOUTHERLY EXTENSION, NORTH
00°18'40" WEST A DISTANCE OF 33.0
FEET TO A SET '/z" REBAR WITH
LICENSE #23212, ALSO BEING THE
POINT OF BEGINNING; THENCE
SOUTH 89°40'50" WEST A DISTANCE
OF 204.1 FEET TO A SET Y" REBAR
WITH LICENSE #23212; THENCE
NORTH 00°19' WEST A DISTANCE OF
27.05 FEET TO A SET %" REBAR WITH
LICENSE #23212; THENCE NORTH
89°40%°' EAST A DISTANCE OF 204.1
FEET TO THE SOUTHERLY EXTEN-
SION OF THE EAST LINE OF SAID
PARCEL "E", POINT BEING A SET %z"
REBAR WITH LICENSE #23212;
THENCE ALONG SAID SOUTHERLY
EXTENSION SOUTH 00°1840" EAST A
DISTANCE OF 27.1 FEET TO THE
POINT OF BEGINNING. CONTAINING
5,520 SQ. FT. SUBJECT TO RESTRIC-
TIONS, EASEMENTS. COVENANTS,
ORDINANCES, AND LIMITED ACCESS
PROVISIONS OF RECORD AND NOT
OF RECORD.
NOTE: THE SOUTH LINE OF SAID
SOUTHEAST QUARTER IS ASSUMED
TO BEAR SOUTH 89°40'50" WEST FOR
THIS DESCRIPTION.
THIS PLAT REPRESENTS A SURVEY
OF TRACT "B"
THAT PART OF THE SOUTHEAST
QUARTER (SE 1/4) IN SECTION NO. 5,
TOWNSHIP NO. 89 NORTH, RANGE
NO. 13 WEST OF THE FIFTH PRINCI-
PAL MERIDIAN, CITY OF WATERLOO,
BLACK HAWK COUNTY, IOWA, DE-
SCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST
CORNER OF SAID SOUTHEAST QUAR-
TER, POINT BEING A FOUND 1/"
REBAR IN P.C.C. PAVEMENT; THENCE
ALONG THE SOUTH LINE OF SAID
SOUTHEAST QUARTER SOUTH
89°4050" WEST A DISTANCE OF 937.7
FEET TO THE SOUTHERLY EXTEN-
SION OF THE EAST LINE OF PARCEL
"E" PER PLAT OF SURVEY RECORDED
IN FILE 2016-11511 DATED 12/23/2015
IN THE OFFICE OF THE BLACK HAWK
COUNTY RECORDER: THENCE ALONG
SAID SOUTHERLY EXTENSION NORTH
00°1840" WEST A DISTANCE OF 60.1
FEET TO A SET 1/4" REBAR WITH
LICENSE #23212, ALSO BEING THE
POINT OF BEGINNING; THENCE
SOUTH 89°4014' WEST A DISTANCE OF
204.1 FEET TO A SET %z" REBAR WITH
LICENSE #23212; THENCE NORTH
00°19' WEST A DISTANCE OF 66.0
FEET TO THE SOUTH LINE OF SAID
PARCEL "E", ALSO BEING THE NORTH
RIGHT-OF-WAY OF WEST AIRLINE
HIGHWAY, POINT BEING A SET 'h"
REBAR WITH LICENSE #23212;
THENCE ALONG SAID SOUTH LINE
NORTH 89°4014' EAST A DISTANCE OF
204.1 FEET THE SOUTHEAST CORNER
OF SAID PARCELR" WITHPOINT EI NSA
FOUND
#19715; THENCE ALONG THE SOUTH-
ERLY EXTENSION OF SAID PARCEL
"E" SOUTH 00'18'40" EAST A DIS-
TANCE OF 66.0 FEET TO THE POINT
OF BEGINNING. CONTAINING 13,470
SQ. FT. SUBJECT TO RESTRICTIONS,
EASEMENTS, COVENANTS, ORDINAN-
CES, AND LIMITED ACCESS PROVI-
SIONS OF RECORD AND NOT OF
RECORD.
NOTE: THE SOUTH LINE OF SAID
SOUTHEAST QUARTER IS ASSUMED
TO BEAR SOUTH 89°40'50" WEST FOR
THIS DESCRIPTION.
THIS PLAT REPRESENTS A SURVEY
OF TRACT "C"
I do solemnly swear that the annexed copy of legal
City of Waterloo
Ordinance 5479
Notice was published in the Waterloo -Cedar Falls
Courier, a daily newspaper printed in Waterloo, Black
Hawk County, Iowa, once commencing on the 6th
day of February, 2019 in the name of said newspaper,
and that the annexed rate of advertised is the regular
legal rate of said newspaper, and that the following is
a correct bill for publishing said notice.
Printer's Bill $83.39
Signed
Subscribed and sworn to before me this
Day of•dIOWA/ A.D., 20
Received of
the sum of
Dollars.
In full for publication of the above notice.
THAT PART OF THE SOUTHEAST
QUARTER (SE 1/4) IN SECTION NO. 5,
TOWNSHIP NO. 89 NORTH, RANGE
NO. 13 WEST OF THE FIFTH PRINCI-
PAL MERIDIAN, CITY OF WATERLOO,
BLACK HAWK COUNTY, IOWA, DE-
SCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST
CORNER OF SAID SOUTHEAST QUAR-
TER, POINT BEING A FOUND 1/2"
REBAR IN P.C.C. PAVEMENT; THENCE
ALONG THE SOUTH LINE OF SAID
SOUTHEAST QUARTER SOUTH
89°40'50" WEST A DISTANCE OF
°'
1,141.8 FEET; THENCE NORTH 0019
WEST A DISTANCE OF 33.0 FEET TO A
SET 1/" REBAR WITH LICENSE #23212,
ALSO BEING THE POINT OF BEGIN-
NING; THENCE SOUTH 89°4050"
WEST A DISTANCE OF 500.0 FEET TO
THE SOUTHERLY EXTENSION OF THE
WEST LINE OF PARCEL "E" PER PLAT
OF SURVEY RECORDED IN FILE
2016-11511 DATED 12/23/2015 IN THE
OFFICE OF THE BLACK HAWK COUN-
TY RECORDER, POINT BEING A SET
'/z" REBAR WITH LICENSE #23212;
THENCE ALONG SAID SOUTHERLY
EXTENSION NORTH 00`19' WEST A
DISTANCE OF 26.95 FEET TO A SET 1h"
REBAR WITH LICENSE #23212;
THENCE NORTH 89°40'%' EAST A
DISTANCE OF 500.0 FEET TO A SET Y"
REBAR WITH LICENSE #23212;
THENCE SOUTH 00°19' EAST A DIS-
TANCE OF 27.05 FEET TO THE POINT
OF BEGINNING.
CONTAINING 13,500 SQ. FT. SUBJECT
TO RESTRICTIONS, EASEMENTS,
COVENANTS, ORDINANCES, AND LIMI-
TED ACCESS PROVISIONS OF RE-
CORD AND NOT OF RECORD.
NOTE: THE SOUTH LINE OF SAID
SOUTHEAST QUARTER IS ASSUMED
TO BEAR SOUTH 89°4050" WEST FOR
THIS DESCRIPTION.
THIS PLAT REPRESENTS A SURVEY
OF TRACT "Cr
THAT PART OF THE SOUTHEAST
QUARTER (SE 1/4) IN SECTION NO. 5,
TOWNSHIP NO. 89 NORTH. RANGE
NO. 13 WEST OF THE FIFTH PRINCI-
PAL MERIDIAN, CITY OF WATERLOO,
BLACK HAWK COUNTY, IOWA, DE-
SCRIBED AS FOLLOWS:
JOTh E MCKINSTRY'
ra COMMIS ION Gs1 •.782413
MY s. yi a S
COMMENCING AT THE SOUTHEAST
CORNER OF SAID SOUTHEAST QUAR-
TER, POINT BEING A FOUND '/z"
REBAR ALONG IN
THE SOUTHEILINET'THOF ENCE
SAID
SOUTHEAST QUARTER SOUTH
89°4050" WEST A DISTANCE OF
1,141.8 FEET; THENCE NORTH 00°19'
WEST A DISTANCE OF 60.05 FEET TO
A SET 2" REBAR WITH LICENSE
#23212, ALSO BEING THE POINT OF
BEGINNING; THENCE SOUTH 89°4014'
WEST A DISTANCE OF 500.0 FEET TO
THE' SOUTHERLY EXTENSION OF THE
WEST UNE OF SAID PARCEL "E",
POINT BEING A SET 1" REBAR WITH
LICENSE #23212; THENCE ALONG
SAID SOUTHERLY EXTENSION NORTH
00°19' WEST A DISTANCE OF 66.0
FEET TO THE SOUTHWEST CORNER
OF SAID PARCEL "E", ALSO BEING ON
-THE NORTH RIGHT-OF-WAY OF WEST
AIRLINE HIGHWAY, POINT BEING A
FOUND 1" REBAR WITH LICENSE
#8033; THENCE ALONG' SAID THE
SOUTH LINE NORTH 890401,4' EAST A
DISTANCE OF 500.0 FEET TO A SET Ya"
REBAR WITH LICENSE #23212;
THENCE SOUTH 00°19' EAST A DIS-
TANCE OF 66.0 FEET TO THE
OF BEGINNING CONTAINING 333,,000
SQ. FT. SUBJECT TO RESTRICTIONS,
EASEMENTS, COVENANTS, ORDINAN-
CES, AND VI-
SIONS OF LRECORD AND NOTIMITED ACCS OF
RECORD. -_ _--
NOTE: THE SOUTH LINE OF SAID
SOUTHEAST QUARTER IS ASSUMED
TO BEAR SOUTH 89`40'50" WEST FOR
THIS DESCRIPTION.
INTRODUCED: January 7, 2019
PASSED 1st CONSIDERATION:
January 7, 2019
PASSED 2nd CONSIDERATION:
January 14, 2019
PASSED 3rd CONSIDERATION:
January 22, 2019
PASSED AND ADOPTED this 22nd day
of January 2019.
Quentin Hart, Mayor
ATTEST: Kelley•Felchle, City Clerk