HomeMy WebLinkAbout3780-04/22/1991ORDINANCE NO. 3780
AN ORDINANCE VACATING A PORTION OF THE EAST -WEST TEN
(10) FOOT PLATTED UTILITY EASEMENT ALONG THE NORTH SIDE
OF LOT 23, BROOKERIDGE ADDITION, IN THE CITY OF
WATERLOO, IOWA.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA,
that the following described platted utility easement:
The southerly four (4) feet in even width of the northerly
ten (10) feet in even width of the easterly thirty (30) feet
of the westerly forty (40) feet of Lot 23, Brookeridge
Addition, all in the City of Waterloo, Black Hawk County,
Iowa,
shall be, and the same is hereby vacated, subject to a hold
harmless agreement by Friends of Faith Retirement Homes
(Friendship Village) for City maintenance of the 15 inch storm
sewer located within the above described property.
INTRODUCED:
PASSED 1ST CONSIDERATION:
PASSED 2ND CONSIDERATION:
PASSED 3RD CONSIDERATION:
April 22, 1991
April 22, 1991
April 22, 1991
April 22, 1991
PASSED AND ADOPTED by the City Council of the City
Waterloo, Iowa, on the 22nd day of April, 1991, and approved
the Mayor on the 24th day of April, 1991.
ATTEST:
of
by
Bernard L. Mc.inley, Mayor
Clerk/Auditor
CERTIFICATE
I, Larry P. Burger, City Clerk/Auditor of the City of
Waterloo, Iowa, do hereby certify that attached hereto is a true
and complete copy of Ordinance No. 3780, as passed and adopted by
the Council of the City of Waterloo, Iowa, on the 22nd day of
April, 1991.
1991.
Witness my hand and seal of office this 24th day of April,
Y
urger,
Clerk/Auditor
BOOK 295 PACE 47
AGREEMENT
Friends of Faith Retirement Homes, Inc., owner of real estate
located in Waterloo, Black Hawk County, Iowa, legally described as:
Lot 23, Brookeridge Addition, Waterloo, Black Hawk County,
Iowa
and commonly known as part of 600 Park Lane, herein state that we
are constructing an addition to the existing building at the above
described location; and
Said addition extends three and two tenths (3.2) feet into the
ten (10) foot platted easement along the northerly side of Lot
23, Brookeridge Addition, Waterloo, and;
Whereas the owner is requesting that the City of Waterloo
vacate a portion of the said platted easement described as follows:
The Southerly 4 feet in even width of the Northerly 10 feet in
even width of the Easterly 30 feet of the Westerly 40 feet of
Lot 23, Brookeridge Addition, Waterloo
Therefore, in consideration of the City of Waterloo, Iowa
permitting us to continue construction of the addition to our
existing building over said platted easement, we hereby agree and
covenant that we will indemnify and hold the City of Waterloo,
Iowa, harmless from any and all liability, claims, actions, causes
of action, and/or damages which may arise, or allegedly arise, out
of the City of Waterloo's maintenance of the fifteen (15) inch
storm sewer located within said easement.
I, Robert L. Smith , have read the foregoing
Agreement, sought and received adequate legal consultation
regarding the foregoing, and do hereby voluntarily and without
duress place my signature in agreement therewith.
Dated this 25th day of March, 1991.
FRIENDS OF FAITH RETIREMENT
HOMES, C.
B
• AMU,
Robert L. Sm 7 h, 'resident
BUUK 295 PAGE 948
-2—
STATE OF IOWA
)SS
COUNTY OF BLACK HAWK)
I, y /do A1. PAW,' pn , a Notary Public in and for the
said County in the State aforesaid, do hereby certify that
Robert L. Smith , personally known to me to be the same person
who is President of FRIENDS OF FAITH RETIREMENT HOMES, INC., an
Iowa nonprofit corporation, subscribed to the foregoing instrument,
appeared before me this day in person and acknowledged that he,
being thereunto duly authorized, signed, and delivered said
instrument as the free and voluntary act of said corporation and as
his own free and voluntary act, for the uses and purposes therein
set forth.
GIVEN under my hand and notarial seal this 25th day
of March, 1991.
Misc
INDEXED
COMPARED
PAGED
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Notary Pub iY c
15916
BLACK HAWK COUNTY, IOWA:SS
Filed for record May 10 ,19 91
at 10:25 A M, and recorded is
Mi sc Book 295
Page 947
(2.4..tee,e; 224ei
Recorder
Deputy
Fee 15.00
City of Waterloo
City Clerk
City Hall
Waterloo, Iowa 50703
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BOUK 29b PACE 949
STATE OF IOWA,
Black Flawk County,
SS
ORDINANCE NO. 3780
AN ORDINANCE VACATING A
PORTION OF THE EAST -WEST
TEN (10) FOOT PLATTED UTILITY
EASEMENT ALONG THE NORTH
SIDE OF LOT 23, BROOKERIDGE
ADDITION, IN THE CITY OF
WATERLOO, IOWA.
BE IT ORDAINED BY THE COUN-
CIL OF THE CITY OF WATERLOO,
IOWA, that the following described
platted utility easement:
The southerly four (4) feet in even
width of the northerly ten (10) feet
in even width of the easterly thirty
(30) feet of the westerly forty (40)
feet of Lot 23, Brookeridge Addition,
all in the City of Waterloo, Black
Hawk County, Iowa,
shall be, and the same is hereby
vacated, subject to a hold harmless
agreement by Friends of Faith
Retirement Homes (Friendship Vil-
lage) for City maintenance of the 15
inch storm sewer located within the
above described property.
INTRODUCED: April 22, 1991
PASSED 1ST CONSIDERATION:
April 22, 1991
PASSED 2ND CONSIDERATION:
April 22, 1991
PASSED 3RD CONSIDERATION:
April 22, 1991
PASSED AND ADOPTED by the
City Council of the City of Waterloo,
Iowa, on .the 22nd day of April,
1991, and approved by the Mayor
on the 24th day of April, 1991.
Bernard L. McKinley, Mayor
ATTEST:
Larry P. Burger, City Clerk Auditor
I do solemnly swear that the annexed copy of LEGAL—City of Waterloo
Ordinance No. 3780
notice was published in the
Wnlcrloo
Louricr a daily newspaper printed In Waterloo,
Black Hawk County, Iowa once #-
51 eermeetrtive-
commencing on the 3rd day of May 19 91 in the issues of
May 3, 1991
of said newspaper, and that the annexed rate of
advertising is the regular legal rate of said newspaper, and that the following is a correct bill for
publishing said notice.
Printer's Bill $ L `
•
Subscribed and sworn to before me this
b` Vli� _
(_exa)
Received of
day of
A D, 19 f /
Notary Public
the sum of
in full for publication of the above notice.
Dollars