HomeMy WebLinkAbout2017-756-9/11/2017 (RECORDED) 06/06/2019erg of c.tcct-loo
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Recorded: 06/06/2019 at 10:53:02 AM
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Black Hawk County Iowa
SANDIE L. SMITH RECORDER
F11e2019-00018345
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 Resolution No. 2017-756 is being filed with this Affidavit. Said Resolution
is being filed in place of Resolution No. 2016-843, which was recorded on January 23,
2017 as Document No. 2017-00013303. The original Resolution No. 2016-843
contained numerous scrivener errors and needed to be modified.
W:.
Dated this 2. q day of September, 2017.
Davis .'hellhoe - Affiant
Subscribed and sworn to before me by the said David R. Zellhoefer, on this
day of September, 2017.
D. Ak'', Notar Pub is in and for the State
of Iowa.
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Black Hawk County Iowa
SANDIE L. SMITH RECORDER
F11e2019-00018346
Prepared by LeAnn M. Even Deputy City Clerk, City of Waterloo, 715 Mulberry Street,
Waterloo, IA 50703, (319) 291-4323.
RESOLUTION NO. 2017-756
RESOLUTION APPROVING AN ENCROACHMENT
AGREEMENT WITH FDP WTC, LLC TO ALLOW FOR TWO
CANOPIES TO OVERHANG ACROSS A PORTION OF A 66
FOOT UTILITY EASEMENT AS PART OF THE COURTYARD
BY MARRIOTT AT TECH WORKS PROJECT AT 250
WESTFIELD AVENUE AND RESCINDING RESOLUTION NO.
2016-843.
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that
the Encroachment Agreement, with FDP WTC, LLC dated September 11, 2017, to allow for two
canopies to overhang across a portion of a 66 foot utility easement as part of the Courtyard by
Marriott at Tech Works Project at 250 Westfield Avenue and legally described as follows:
THAT PORTION OF LOT ONE (1) OF TECHWORKS ADDITION, WATERLOO,
IOWA, BLACK HAWK COUNTY, IOWA DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SAID LOT 1; THENCE
SOUTH 62°15'57" WEST ON THE SOUTH LINE OF SAID LOT 1, A DISTANCE OF
215.87 FEET TO THE POINT OF BEGINNING: (THE FOLLOWING FOUR
COURSES ARE ON SAID SOUTH LINE); THENCE CONTINUING SOUTH
62°15'57" WEST 152.67 FEET; THENCE SOUTH 67°29'55" WEST 76.84 FEET;
THENCE SOUTH 63°34'08" WEST, 20.45 FEET TO THE BEGINNING OF AN
833.33 FOOT RADIUS CURVE CONCAVE NORTHERLY AND HAVING A LONG
CHORD OF 149.99 FEET BEARING SOUTH 68°43'54" WEST; THENCE
WESTERLY ON THE ARC OF SAID CURVE, 150.20 FEET; THENCE NORTH
15°15'33" WEST, 165.58 FEET; THENCE NORTH 20°28'28" WEST, 29.17 FEET;
THENCE SOUTH 68°55'29" WEST, 44.61 FEET; THENCE NORTH 20°17'51"
WEST, 309.37 FEET; THENCE NORTH 69°00'00" EAST, 588.00 FEET; THENCE
SOUTH 21°00'00" EAST, 65.70 FEET TO THE BEGINNING OF A 142.82 FOOT
RADIUS CHORD CONCAVE SOUTHERLY AND HAVING A LONG CHORD OF
91.58 FEET BEARING SOUTH 87°35'27" EAST; THENCE EASTERLY ON THE
ARC OF SAID CURVE 93.23 FEET TO AN EAST LINE OF SAID LOT 1 AND THE
BEGINNING OF A 261.64 FOOT RADIUS CURVE CONCAVE EASTERLY AND
HAVING A LONG CHORD OF 131.55 FEET BEARING SOUTH 4°27'38" WEST;
THENCE SOUTHERLY ON THE ARC OF SAID CURVE AND ON AN EAST LINE
OF SAID LOT 1, A DISTANCE OF 132.98 FEET; THENCE SOUTH 59°48'31" WEST
ON AN EAST LINE OF SAID LOT 1, A DISTANCE OF 20.27 FEET; THENCE
SOUTH 30°11'29" EAST ON AN EAST LINE OF SAID LOT 1, A DISTANCE OF
65.85 FEET; THENCE SOUTH 59°33'58" WEST, 75.11 FEET; THENCE SOUTH
49°46'02" WEST, 108.25 FEET; THENCE SOUTH 18°14'11" EAST, 143.74 FEET TO
THE POINT OF BEGINNING. ALSO DESCRIBED AS AUDITOR'S PARCEL "F"
ACCORDING TO PLAT OF SURVEY FILED MARCH 15, 2013 AS DOC NO. 2013-
19092 AND AMENDED JUNE 25, 2015 AS DOC NO. 2015-21270.
by and between FDP WTC, LLC and the City of Waterloo, Iowa, is hereby approved and the
Mayor and City Clerk are authorized and directed to execute said agreement on behalf of the City
of Waterloo.
BE IT FURTHER RESOLVED, that Resolution No. 2016-843 is hereby rescinded.
PASSED AND ADOPTED this llth day of September 2017.
Resolution 2017-756
Page 2
;ATTEST:
Kelley Fele
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 Resolution 2017-756, as passed and adopted by the
Council of the City of Waterloo, Iowa, on the 11th day of September 2017.
Witness my hand and seal of office this 11th day of September 2017.
Kelley Fel
City Cler