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HomeMy WebLinkAbout2009-725-07/20/2009 This Resolu4:ron prepared Py Nancy Eckert, City Clerk, 715 Mulberry Street, Waterloo, Iowa. RESOLUTION NO. 2009-725 RESOLUTION APPROVING THE DE-ANNEXATION OF 347 . 61 ACRES GENERALLY LOCATED ALONG MERLE ROAD, NORTH OF NEWELL STREET, 3,a MILES EAST OF NORTH ELK RUN ROAD EXCEPT THAT PORTION OF RAILROAD RIGHT OF WAY LOCATED IN THE SOUTHEAST ?/ OF THE SOUTHWEST lA OF SECTION 15, TOWNSHIP 89 NORTH, RANGE 12 WEST, IN THE CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA. WHEREAS, the City Council of the City of Waterloo has been presented with petitions from all the property owners involved to de-annex from the City of Waterloo, Iowa, the following described property: A, parceof land situated in „part of Section 14 and part of Section 15, Township 89 North, tinge 12 West of the 5th Principal Meridian, including part of Newell Street right-of-way; Merle Road right-of-way, and part of the Union Pacific Railroad right-of-way, all in the County of Black Hawk, State of Iowa, more particularly described as follows : Commencing at the South lA corner of said Section 14 ; thence South 89° (Degrees) 20 ' (Minutes) 35" (Seconds) West (assumed bearing for the purpose of this description) on the South line of the Southwest lA of said Section 14 , a distance of 632 . 01 feet to the point of beginning; thence continuing South 89°20' 35" West on said South line, 2, 022 . 91 feet to the Southwest corner of said Section 14 ; thence South 89°49' 51" West on the South line of the East of the Southeast IA of said Section 15, a distance of 1, 323 . 41 feet to the Southwest corner of the East of the Southeast 1/ of said Section 15; thence North 00°10 ' 47" East on the West line of the East of the Southeast IA of said Section 15 , a distance of 1, 293 . 96 feet to the present Southeast right-of-way line of the Union Pacific Railroad; thence South 58 °33 ' 57" West on said right-of- way line, 1, 041 . 44 feet; thence Southwest on said right-of-way line, being a 2 , 914 . 93-foot radius curve concave Northwesterly and having a 561 . 08-foot long chord bearing South 64°05' 17" West, 561 . 95 feet (arc length) ; thence South 69°36 ' 39" West, on said right-of- way line, 1, 345 . 55 feet to the West line of the Southeast 1/ of the Southwest '/ of said Section 15 ; thence North 00°15' 43" East on said West line, 106 . 87 feet to the present Northwest right-of-way line of the Union Pacific Railroad; thence North 69°36 ' 39" East on said right-of-way line, 1, 307 . 86 feet; thence Northeast on said right-of-way line, being a 2 , 814 . 93-foot radius curve concave Northwesterly and having a 174 . 78-foot long chord bearing North 67°49' 55" East, 174 . 81 feet (arc length) ; thence North 23°56' 50" West on said right-of-way line, 50 . 00 feet; thence Northeast on said right-of-way line, being a 2 , 764 . 93-foot radius curve concave Northwesterly and having a 361 . 07-foot long Resolution No. 2009-725 Page 2 chord bearing North 6218' 33" East, 36133 feet (arc length) ; thence North 58°33 ' 57" East on said right-of- way line, 225 . 60 feet; thence South 3102609° East on said right-of-way line, 50 . 00 feet thence North 58°33 ' 57" East on said right-of-way line, 877 . 39 feet to the West line of the East of the Southeast. IA of said Section 15; thence North 00'10' 47' East on said West line, 1, 237 . 33 feet to the Northwest corner of the East of the Southeast IA of said Section 15; thence North 89°44 ' 27" East on the North line of the East of the Southeast IA of said Section 15; a distance of 1, 321 . 17 feet to the West IA corner of said Section 14 ; thence North 00'11' 55" East on the West line of the South of the Northwest IA of said Section 14 , a distance of 1, 325 . 27 feet to the Northwest corner of the South of the Northwest IA of said Section 14 ; thence North 89°16' 57" East on the North line of the South 5i' of the Northwest IA of said Section 14 , a distance of 2, 642 . 29 feet to the Northeast corner of the South of the Northwest lA of said Section 14 ; thence North 89'17 ' 36" East on the North line of the Southwest IA of the Northeast 4 of said Section 14 , a distance of 190 . 01 feet to the Northerly extension of the West line of a parcel of land described in the application for condemnation, recorded in Land Deed Book 543, Page 1, in the Black Hawk County Recorder' s Office; thence South 00°0139" East on said West line and its Northerly extension, 540 . 03 feet to the Southwest corner of said parcel of land; thence North 89'17' 36" East on the South line of said parcel of land and its Easterly extension, 1, 019 . 61 feet to a line that is 100 . 00 feet West of and parallel with the East line of the Southwest IA of the Northeast IA of said Section 14 ; thence South 00°08 ' 13" East on said parallel line, 790 . 07 feet to the South line of the Southwest IA of the Northeast IA of said Section 14 ; thence South 89°21' 17" West on said South line 1, 211 . 12 feet to the Northeast corner of the East of the Southwest IA of said Section 14 ; thence South 00°01' 46" East on the East line of said East of the Southwest IA of said Section 14 , a distance of 2 , 206 . 84 feet to a line that is 100 . 00 feet North of and parallel with the North line of a parcel of land described in Warranty Deed, recorded in Land Deed Book 561, Page 63 , in the Black Hawk County Recorder' s Office; thence South 89°20' 35" West on said parallel line, 632 . 01 feet to the Northerly extension of a line that is 100 . 00 feet West of and parallel with the West line of said parcel of land; thence South 00°01' 46" East on said parallel line and its Northerly extension, 443 . 00 feet to the point of beginning. Containing 15 , 141, 897 square feet or 347 . 61 acres, all in the City of Waterloo, Black Hawk County, Iowa. Except that part of the Union Pacific Railroad Company' s right-of-way located in the Southeast N of the Southwest IA of said Section 15 . t t/¢ O t N s 4 H I N CD f '1 ¢ H C PRggplAMtpn No. 2009-725 age 3E- 17ftl ¢ C ¢ CD/t C") c17 41. tr' ¢ F. H n CC H -- CD ftl CD CtC > err WHEREAS, the Planning, Programming and Zoning Commission of ctv sthe<t."±'ty of Waterloo, Iowa, has recommended approval of said de- C annexation, and rn qW4aREAS, the City Council of the City of Waterloo, Iowa, on 1+t id -, -July 20, 2009, considered the request from residents or t - os roperty_ owners as to said proposed de-annexation of said oVer4y; s0 (.4 tC s ,s c ¢ N� THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE C�SOF cv `. FEITW9ATERLOO, IOWA, that the above described property be and lgrZZbt,,is de-annexed from the City of Waterloo, Iowa, and that st i,gtribution of assets and liabilities be prepared by city Oigr fEpresented to City Council for action. w o ' ' T FURTHER RESOLVED, that Resolution No. 2008-346, be and hereby rescinded in its entirety. tot ¢ ..H -� � H � t --PASSED AND ADOPTED this 20th day of July, 2009 . n '-1C sH CC C CZ C t NHtr' t � N H H CHH • t s x CA H C to Tim Hurley, Mayor ATTEST: t _ Nancy Ecker , C City Clerk