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HomeMy WebLinkAbout2009-390-05/04/2009 This Resolution prepared by Nau1cy Eckert City Clerk, —15 Mulberry Street, Waterloo, Iowa. :.RESOLUTION NO. 2009-390 RESOLUTION APPROVING ENCROACHMENT AGREEMENT WITH BUDKE PROPERTIES, LC AND DIRECTING EXECUTION OF SAID AGREEMENT BY MAYOR AND RESCINDING RESOLUTION NO. 2008-534 IN ITS ENTIRETY. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the Encroachment Agreement dated May 4 , 2009, to allow for monument sign and existing flagpole to encroach onto easement over a portion of vacated West Airline Highway, with said encroachment areas legally described as follows : Description of Sign Area That part of the Northwest Quarter of the Northeast Quarter (NW lA NE 1A) of Section No. 8 , 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 Northwest corner of said Northwest Quarter of the Northeast Quarter, point being a found 1" rebar in P. C. C. pavement; thence along the West line of said Northwest Quarter of the Northeast Quarter South 00°041A' East a distance of 33 . 0 feet to a set %" rebar with license #16264 ; thence parallel with the North line of said Northwest Quarter of the Northeast Quarter Due East a distance of 73 . 75 feet; thence Due South a distance of 11 . 5 feet to the being the point of beginning; thence continuing Due South a distance of 16 feet; thence Due West a distance of 5 feet; thence Due North a distance of 16 feet; thence Due East a distance of 5 feet to the point of beginning. Containing 80 sq. ft . Note : The North line of said Northwest Quarter of the Northeast Quarter is assumed to bear Due East for this description. Description of Flag Pole Area That part of the Northwest Quarter of the Northeast Quarter (NW 'A NE 'A) of Section No. 8 , 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 Northwest corner of said Northwest Quarter of the Northeast Quarter, point being a found 1" rebar in P. C. C. pavement; thence along the West line of said Northwest Quarter of the Northeast Quarter South 00°041A' East a distance of 33 . 0 feet to a set 1" rebar with license #16264 ; thence parallel with the North line of said Northwest Quarter of the Northeast Quarter Due East a distance of 76 . 35 feet; thence Due South a distance of 38 . 1 feet to the being the point of beginning; cvm aix › s 00 H N v � h-1 Resolution No . 2009-390 Page 2 v; tri trnr; m o Q N ar, H thence continuing Due South a distance of 12 feet; s s thence Due West a distance of 12 feet; o H thence Due North a distance of 12 feet; s thence Due East a distance of 12 feet to the point nn of beginning. N o rr Containing 144 sq. ft . c3Note : The North line of said Northwest Quarter of the s 0c� o Northeast Quarter is assumed to bear Due East for this ; r- description, all in the City of Waterloo, Black Hawk srr - rn County, Iowa; .72by- and between Budke Properties, LC, and the City of Waterloo, be and the same is hereby approved, and the Mayor and City perk authorized to execute the same in behalf of the City of Wgrloo, Iowa. s Ha; x = Q BE IT FURTHER RESOLVED, that Resolution No . 2008-534 , be and ro eksame, hereby rescinded in its entirety. E-- PASSED AND ADOPTED this 4`° day of May, 2009 . rI; Tim Hurley, Mayor ATTEST: Nancy Ecke , CMC City Cler •