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HomeMy WebLinkAbout2009-725-07/20/2009 (RECORDED) 111►►1111111111iii►!1111111111►►►i►►0►►►►►11i►►►1M Doc ID: 004338530003 Type: GEN Kind: RESOLUTION Recorded: 12/10/2010 at 01:47:42 PM Fee Amt: $19.00 Page 1 of 3 Black Hawk County Iowa JUDITH A MCCARTHY RECORDER Q Q Fi1e2011-00011818 This Resolution prepared by 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, X MILES EAST OF NORTH ELK RUN ROAD EXCEPT THAT PORTION OF RAILROAD RIGHT OF WAY LOCATED IN THE SOUTHEAST % OF THE SOUTHWEST % 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 parcel of land situated in part of Section 14 and part of Section 15, Township 89 North, Range 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 % 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 1/ 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 % of said Section 15, a distance of 1, 323 .41 feet to the Southwest corner of the East % of the Southeast % of said Section 15; thence North 00°10' 47" East on the West line of the East of the Southeast % 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 % 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 `qo© 3 Resolution No. 2009-725 Page 2 chord bearing North 62°18' 33" East, 361 .33 feet (arc length) ; thence North 58°33' 57" East on said right-of- way line, 225 . 60 feet; thence South 31°26' 09" 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 ' 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 1/ of said Section 15; thence North 89°44' 27" East on the North line of the East % of the Southeast 1/ of said Section 15; a distance of 1, 321 . 17 feet to the West % corner of said Section 14 ; thence North 00°11' 55" East on the West line of the South % of the Northwest '4 of said Section 14, a distance of 1, 325 . 27 feet to the Northwest corner of the South of the Northwest % of said Section 14; thence North 89°16' 57" East on the North line of the South % of the Northwest 1/ of said Section 14, a distance of 2, 642 . 29 feet to the Northeast corner of the South % of the Northwest % of said Section 14; thence North 89°17' 36" East on the North line of the Southwest % of the Northeast % 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°01' 39" 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 1/ of the Northeast % of said Section 14 ; thence South 00°08' 13" East on said parallel line, 790 . 07 feet to the South line of the Southwest % of the Northeast % 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 1/ of said Section 14 ; thence South 00°01' 46" East on the East line of said East % of the Southwest 1/ 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 A of the Southwest 1/ of said Section 15 . Resolution No. 2009-725 Page 3 WHEREAS, the Planning, Programming and Zoning Commission of the City of Waterloo, Iowa, has recommended approval of said de- annexation, and WHEREAS, the City Council of the City of Waterloo, Iowa, on Monday, July 20, 2009, considered the request from residents or property owners as to said proposed de-annexation of said property. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, that the above described property be and hereby is de-annexed from the City of Waterloo, Iowa, and that the distribution of assets and liabilities be prepared by city staff and presented to City Council for action. BE IT FURTHER RESOLVED, that Resolution No. 2008-346, be and the same, hereby rescinded in its entirety. PASSED AND ADOPTED this 20th day of July, 2009 . Tim Hurley, May r ATTEST: Nancy Ecker CMC City Clerk