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HomeMy WebLinkAbout4933-12/10/2008 (RECORDED)IIIIIIIIIIIIIIIIIIIIIIIil�11111111111111111111111111111111111111111111111111111 Doc 'D'003741720015 Type: GEN Recorded: 04/17/2009 at 08:30:06 AM Fee Amt: $77.00 Pape 1 of 15 Instr# 200800023840 Black Hawk County Iowa JUDITH A MCCARTHY RECORDER Book 1080 Pape 32946 - 32980E i File2009-0001951 l This Ordinance prepared by Nancy Eckert, City Clerk, 715 Mulberry Street, Waterloo, Iowa. ORDINANCE NO. 4933 AN ORDINANCE AMENDING THE BOUNDARIES OF AN URBAN REVITALIZATION AREA IN THE CITY OF WATERLOO. WHEREAS, the 68" General Assembly of the State of Iowa did adopt the Urban Revitalization Act ._known as Chapter 404 of the Iowa Code which relates to property tax exemptions for property on which improvements have been made in a revitalization area of the city and authorizing cities to issue revenue bonds for revitalization and urban renewal areas; and WHEREAS, it is desirable and in the interest of the public, health, safety, and welfare of the residents of the City of Waterloo that the City of Waterloo (herein called the "City") undertake and carry out an Urban Revitalization Program (herein called the "Program") in the Consolidated Urban Revitalization Area of the City encompassing a tract of land situated in the City of Waterloo, County of Black Hawk, State of Iowa. WHEREAS, the City Council of the City of Waterloo, Iowa, has heretofore, in Ordinance No. 4493, provided for the boundaries within the Consolidated Urban Revitalization Area, pursuant to Chapter 404 of the Code of Iowa, and WHEREAS, additional territory now has been added to the Consolidated Urban Revitalization Area, and WHEREAS, Ordinance No. 4493'r adopted on July 23, 2001, includes the following described real estate legally described as follows: Beginning at a Point in Section 31 Township 89 Range 12 where the South line of Hawthorne Avenue extended Easterly would intersect the Southwesterly line of the Cedar River, thence West along the South line of said extension of Hawthorne Avenue and Hawthorne Avenue to the Easterly line of Kimball Avenue, thence North along the East line of Kimball Avenue to the North line of Reber Avenue, thence West along the North line of Reber Avenue and its extension Westerly to the Northwesterly line of the Sergeant Road Bike Trail (formerly the Chicago & Northwestern Transit Co.), thence Northeasterly along the last described line to the Westerly line of Fletcher Avenue, thence North along the West line of Fletcher Avenue to the South line of Black Hawk Road, thence Southwesterly and Westerly along the South line of Black Hawk Road to its intersection with the Centerline of Ansborough Avenue, thence North along the Centerline of Ansborough across Highway 218, and continuing along the Centerline of relocated Ansborough Avenue to the Centerline of West Conger Street, thence Northeasterly along said Centerline of West Conger Street across the Cedar River Bypass to the Southwesterly line of the main channel of the Cedar River, thence Southeasterly along the Ordinance No. 4933 Page 2 Southwesterly line of the Cedar River to the Point of Beginning. Also, Beginning at the Point of Intersection of the Centerline of Conger Street and the Northeasterly line of the main channel of the Cedar River, thence Northerly along said Northeasterly line of the Cedar River to the Point where the Centerline of West Parker Street, if extended Westerly, would intersect said Northeasterly line, thence Easterly along said extension of West Parker Street and the Centerline of West Parker Street to the East line of Leonard Avenue, thence North along the East line of Leonard Avenue, and an extension thereof to the East line of McKay Avenue, thence North along the East line of McKay Avenue, and an extension thereof across Broadway Street and the adjacent tracks to the Centerline of the Chicago Central and Pacific Railroad Line (that runs in front of the railroad yard), thence Southeasterly and Easterly along said Railroad Centerline to the point where the Centerline of Fairview Avenue extended Southerly would intersect the Centerline of said railroad, thence North along the extension of the Centerline of Fairview Avenue and the Centerline of Fairview to the South line of West Donald Street, thence East along the South line of West Donald Street to the Centerline of U.S. Highway 63 (also known as Logan Avenue), thence North along the Centerline of Logan Avenue to the Centerline of Ralston Road, thence East along the Centerline of Ralston Road and an extension thereof to its intersection with the West line of Virden Creek, thence Southerly and Southwesterly along the Westerly line of Virden Creek to the Centerline of the tracks of the Chicago Central and Pacific Railroad Line, thence Easterly and Southerly along the Centerline of the Chicago Central and Pacific tracks to a line six hundred and sixty feet (660') North of and parallel to the South line of Section 13 Township 89 Range 13, thence East along said line to the East line of said Section, thence continuing Easterly along a line six hundred and sixty feet (660') North of and par-Allel :with the South line of Section 18 Township 89 Rang6'12 to the East line of said Section, thence South along the East line of said Section to the Northeast corner of Section 19 Township 89 Range 12, thence South along' the East line of said Section to the Centerline of Independence Avenue, thence East along the Centerline of Independence Avenue to the West line of Skyview Road, thence South along the West line of Skyview Road to the North line of Osage Road, thence West along the North line of Osage Road to the West line of North Evans Road, thence South along the West line of North Evans Road to the West line of the Chicago Central & Pacific Railroad Right - of -Way, said Point also being a point on the City Limit line of the Corporate Limits of Waterloo, Iowa, thence Northwesterly and Southerly following the City Limit line to the point where it intersects the Northeasterly line of the Cedar River, thence Northwesterly along the Northeasterly line of the Cedar. River to the point of Beginning, all in the City of Waterloo, Black Hawk County, Iowa; Ordinance No. 4933 Page 3 and also, All that part of Section 2 Township 89 Range 13, all in the City of Waterloo, Black Hawk County, Iowa, platted as Aerostat Heights; and also, All that part of Section 11Township89 Range 13, all in the City of Waterloo, B ack ` Hawk County, Iowa, platted as Northgate Addition, and, also Beginning at the Southeast corner of Section 11 Township 89 Range 13, said point also being the intersection of the Centerline of W. Donald Street with U.S. Highway 63 (also known .as Logan Avenue), thence West along the South line of said Section to the Southwest corner of said Section, thence South along the East line of Section 15 Township 89 Range 13 to its intersection with the Centerline of West Parker Street, thence West along the Centerline of W. Parker Street to the Centerline of Cedar Bend Street, thence following the Centerline of Cedar Bend Street, as now established, Northwesterly and Northerly to the Centerline of W. Donald Street, said point also being a point on the South line of Section 10 Township 89 Range 13, thence West along the South line of said Section to the Southwest corner of sai,4, Section, thence North along the West line said Sectio"n to the North line of the South one-half of said 'Section, thence East along said North line of South one-half of Section 10 Township 89 Range 13 to the East line of said Section, thence East along the North line of the South one-half of Section 11 Township 89 Range 13, to the East line of Section 11 Township 89 Range 13, which point is the Centerline of U.S. Highway 63 (also known as Logan Avenue), thence South along ithe East line of said Section to the Southeast corner of said Section, which point is also the Point of Beginning; all in the City of Waterloo, Black Hawk County, Iowa. WHEREAS, the additional territory now added to the Consolidated Urban Revitalization Area has been reviewed and approved by the City Council on December 8, 2008, and includes the following described real estate legally described as follows: Beginning at the Southwest corner of Section 30ajJ Township 89 Range 12; thence 'North along the West line of said Section 30 to its%- intersection with the Southwesterly line of the Cedar River; thence Southeasterly, Southerly, and Southwesterly following said Southwesterly line of the Cedar River to its intersection with the South line of Section 31 Township 89 Range 12; thence West along the South line of said Section 31 to the Southwest corner of said Section 31; thence West along the South line of Section 36 Township 89 Range 13 to the point of intersection with the East line of Lot 32 Garden Addition extended Southerly; thence North along the Southerly extension of the East Ordinance No. 4933 Page 4 line of Lot 32 Garden Addition, the East line of Lot 32 Garden Addition, and the extension Northerly of the East line of Lot 32 Garden Addition to the point of intersection with the centerline of Plymouth Avenue; thence West along the centerline of Plymouth Avenue to the centerline of Wisconsin Street; thence North along the centerline of Wisconsin Street to the centerline of Lorraine Avenue; thence West along the centerline of Lorraine Avenue to the centerline of Wisconsin Street; thence North along the centerline of Wisconsin Street to the south line of Hawthorne Avenue; thence East along the south line of Hawthorne Avenue as originally platted across U.S. Highway 218, the Railroad, LaPorte Road, Gladys Street, James Street, and across the Mill Race to the East line of Section 36 Township 89 Range 13; thence North along the East line of said Section 36 to the Northeast corner of said Section 36, said point also being the Southwest corner of Section 30 Township 89 Range 12, and the point of,:beginning; and also, Beginning at a point on the -centerline of Midway Drive (also currently a point on the Westerly Corporate Limits of the City of Waterloo), said point being the point where the North line of Lot W-3 Cedarloo Park, if extended Westerly would intersect said centerline; thence East along said extension of the North line of said Lot W-3, and the North line of said Lot W-3, to the West line of Lot 21 Acorn Addition; thence South along the West line of Lot 21 Acorn Addition to the Southwest corner of said lot; thence Easterly along the South line of Acorn Addition to the Southeast corner of Lot 1 said addition; thence continuing along an extension of the last described course to its intersection with the centerline of Progress Avenue; thence South along the centerline of Progress Avenue to the point where the South line of Lot W-116 Cedarloo Park, if extended Westerly, would intersect said line; thence Easterly along the extension of the South line of Lot W-116 said addition, and the South line of Lot W-116 said addition to the Southeast corner of Lot W- 116 said addition; thence South along the East line of Lot W-115 Cedarloo Park to the South line of Tract D of Pine Meadows Addition; thence East along said South line to the West line of Forest Hill Subdivision; thence South along the West line of Lots 10, 11, 12, 13, 14, 15, 16 & 17 said addition to the Southwest corner of Lot 17 said addition; thence Southeast along the Southerly line of Lot 17, and the extension thereof, to its intersection with the centerline of S. Hackett Road; thence North along the centerline of S. Hackett Road to the centerline of Maynard Avenue; thence East along the centerline of Maynard Avenue to its intersection with the extension Northerly of the West line of Paul's Replat of a Part of Lawless Addition; thence South along the Northerly extension of the West line of Paul's Replat of a Part of Lawless Addition, and along the West line of said addition to the North line of Tract A said addition; thence East along said North line to its Intersection with the West Ordinance No. 4933 Page 5 line of H. Ray Hughes Addition; thence South along the West line of said addition to the centerline of Coachman Drive (said centerline also being a point on the West line of Tract B said addition); thence East along the centerline of Coachman Drive (296 feet more or less) to its intersection with the centerline of Carriage Hill Drive; thence., South and Southeasterly along the centerline of Carriage -,.,Hill Drive to the centerline of Stephan Avenue; thence South along the centerline of Stephan Avenue to the point where it would intersect the Westerly extension of the North line of Lot 45 Hansen Noble Addition; thence East along said Westerly extension of the North line of said Lot 45, and the North line of Lot 45 said addition to the Northwest corner of Lot 24 Hansen Noble Addition; thence South along the West line of Lots 24 and 23 said addition to the South line of Lot 23 said addition; thence East along the South line of Lot 23 said addition to the West line of Hanna Boulevard; thence Easterly in a straight line to a point on the East line of Hanna Boulevard that is 5.2 feet normally distant Southerly from the North line of Lot 1 said addition; thence Easterly along a line that is 5.2 feet normally distant Southerly of the North line of Lot 1 said addition to the East line of said Lot 1 Hansen Noble Addition; thence North along the East line of Lots 1 & 2 said addition to the North line of Lot 16 Block 4 Kreb's Addition; thence East along the North line of said Lot 16 to the Northeast corner of said lot; thence East along a continuation of the last described course to the centerline of Hickory Street; thence North along the centerline of Hickory Street to the point of intersection with the extension Westerly of the South line of Lot 14 Block 5 Kreb's Addition; thence East along the extension Westerly of the South line of Lot 14 Block 5 Kreb' s Addition, and the South line of Lot 14 Block 5 Kreb' s Addition, and the South line of Lot 33 Block 5 said addition to the West line of Maxwell Street; thence Easterly in a straight line to the Southwest corner of Lot 10 Block 6 Kreb's Addition; thence East along the South line of said Lot 10 Block 6 said addition to the Southeast corner of said lot; thence North along the East line of Lots 10, 9, 8, 7, 6, 5, 4, 3, 2, and 1 Block 6 of Kreb's Addition to the Northeast corner of Lot 1 Block 6 said addition; thence West along the North line of said Lot 1 to the Northwest corner of said Lot 1; thence continuing West along an extension of the last described course to the centerline of Maxwell Street;- thence North along the centerline of Maxwell Str'et to the point of intersection of the Westerly extension of the South line of Lot 9 Block 3 Nelson Addition; thence East along said Westerly extension of the South line of Lot 9 Block 3, and the South line of Lots 9 and 10 Block 3 said addition, vacated Brender Street, and Lots 9 and 10 Block 2 said addition to the Southeast corner of Lot 10 Block 2 said addition; thence East on a continuation of the last described course to the centerline of Aladdin Street; thence Northerly along the centerline of Aladdin Street to the point of intersection with the centerline of Upton Avenue; thence West along the Ordinance No. 4933 Page 6 centerline of Upton Avenue to the intersection with the centerline of Galloway Court; thence North along the centerline of Galloway Court to the intersection with the centerline of Maynard Avenue (said point also being the point of intersection of the centerlines of Maynard Avenue and Joy Drive); thence Northerly and Northwesterly along the centerline of Joy Drive to the point of intersection with the extension Southerly of the East line of Lot 7 Block 1 of Clyde Miller Heights; thence North along the Southerly extension of the East line of Lot 7 Block 1 said addition and the East line of Lot 7 Block 1 said addition to the Northeast corner of said lot; thence Northeasterly along the Southeasterly line of Lot 3 Auditor's Whitney Road Plat to a point that is 89.2 feet Northeasterly of the Southwesterly line of Lot 3 said addition; thence Northwesterly along a line that is 89.2 feet Northeasterly of and parallel to the Southwesterly line of said Lot 3 to its intersection with the most Westerly line of said lot', `'said 'point also being a point on the most Easterly line of Lot 2 Block 1 of Clyde Miller Heights; thence Northeasterly along the most Easterly line of said Lot 2 to the Northeast corner of said lot; thence Northwesterly along the most Northerly line said Lot 2 to the Northwest corner of said lot; also being a point on the East line of Hanna Boulevard; thence North along the West line of Lot 1 Blockl Clyde Miller Heights, and an extension thereof to the North line of Rainbow Drive; thence Northwesterly along the Northerly line of Rainbow Drive to the Southeast corner of Lot 10 of Auditor's Whitney Road Plat; thence North to the Northeast corner of said Lot 10; thence Northwesterly along the Northerly line (curve) of Lots 10 and 11 of said addition to the point of intersection with the extension Southerly of the West line of Lot 12 Auditor's Whitney Road Plat; thence North along the Southerly extension of the West line of Lot 12 Auditor's Whitney Road Plat, and the West line of Lot 12 Auditor's Whitney Road Plat to the Northwest corner of said Lot 12; thence East and Southeasterly following the. Northerly line of said Lot 12 to the Northwest corner of Lot 4 Sherwood Park; thence Southeasterly along the Northerly line of Lots 4, 3, 2, and 1 of Sherwood Park to the Northeast corner of said Lot 1 Sherwood Park; thence North in a straight line to the Southeast corner of Lot 5 Sherwood Park; thence Easterly in a straight line to the Southwest corner of Lot 25 California Subdivision; thence Southeasterly following the South line of Lots 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, and 45 said addition to the Southeast corner of Lot 45 said addition; thence Southeasterly in a straight line to the most Westerly corner of Lot 1 Massey Pullman Diner Plat; thence Southeasterly to the Southeast corner of Lot 2 Massey Pullman Diner Plat; thence Southeasterly in a straight line to the most Southerly corner of Lot 2 Congress Addition; thence South on an extension of the most Easterly line of said Lot 2 to its intersection with the centerline of the Railroad (formerly known as the WCF&N Railroad); thence Westerly following said railroad- centerline to its Ordinance No. 4933 Page 7 intersection with the East line of Section 21 Township 89 Range 13; thence South along the East line of Section 21 Township 89 Range 13 to the North line of Section 28 Township 89 Range 13; thence South along the East line of Section 28 Township 89 Range 13 to its intersection with the Easterly extension of the North line of Lot 19 Block 32 Downing Place; thence West along said Easterly extension':of the North line of Lot 19 Block 32, and the North line -of Lot 19 Block 32 said addition, and the Westerly extension of said Lot to the intersection with the East line of Lot 9 Kearns Addition; thence North along the East line of Lot 9 said addition to the Northeast corner of said Lot 9; thence Westerly and Northwesterly along the platted Northerly lines and arcs of Lots 9, 10, 11, 12, 13, 14, and 15 of Kearns Addition to the Northwest corner of Lot 15 said addition; thence Northwesterly in a straight line to the Northeast corner of Lot 26 Kearns Addition; thence Northwesterly following the Northerly lines (arcs) of Lots 26 and 27 Kearns Addition to the Northwest corner of Lot 27 said addition; thence Northwesterly in a straight line to the Northeast corner of Lot 41 said addition; thence Southwesterly following the Easterly lines (arcs) of Lots 41, 40, and 39 Kearns Addition to the Southeasterly corner of Lot 39 said addition; thence Westerly along the Southerly line of said Lot 39 to the Southwest corner of said lot; thence Northeasterly along the Easterly lines of Lots 56 & 55 said addition t'o'-the-most Easterly corner of Lot 55 said addition; thence'Northwesterly along the North lines (arcs) of Lots 55, 54, 53, 52, 51, 50, 49, 48, and 47 said addition, and the extension Northwesterly of the Northeasterly line (arc) of said Lot 47 to its intersection with the centerline of Sager Avenue; thence Westerly along the centerline of Sager Avenue to the centerline of Linbud Lane; thence North along the centerline of Linbud Lane to the centerline of Alabar Avenue; thence Northwesterly along the centerline of Alabar Avenue to the centerline of Littlefield Road; thence Southerly along the centerline of Littlefield Road to the centerline of Flower Street; thence Northwesterly along the centerline of Flower Street, to the centerline of Sheerer Avenue; thence Northerly along the centerline of Sheerer Avenue to the centerline of Flower Street; thence West along the centerline of Flower Street to the point of intersection with the Northerly extension of the West line of Lot 1 Alabar Hills Second Addition; thence South on said extension of the West line of Lot 1 said addition, and the West line- ref' Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, and' '_13 said addition to the Southwest corner of Lot 13 Alabar Hills Second Addition; thence South on a continuation of the last described course to the centerline of Sager Avenue; thence Westerly along the centerline of Sager Avenue as originally platted to its intersection with the South line of Section 21 Township 89 Range 13; thence West along the South line of said Section 21 to the Southwest corner of said Section 21; thence West along the South line of Section 20 Township 89 Range 13 to its intersection with the centerline of Progress Ordinance No. 4933 Page 8 Avenue; thence North along .the centerline of Progress Avenue to the point of intersection with the centerline of Crossway Drive; thence Westerly along the centerline of Crossway Drive, and an extension thereof, to the Westerly line of Midway Drive, (said point of intersection also currently a point of the Westerly Corporate Limits of the City of Waterloo); thence North following the current Westerly corporate limits of the City of Waterloo to the point of beginning; and also, The Southeast Quarter of the Northeast :Quarter of Section 11 Township 89 Range 13, except that part platted as Northgate Addition, all in the City of Waterloo, Iowa; and also, Beginning at the Point of Intersection of the West line of Section 14 Township 89 Range 13 and the centerline of the Canadian National Railroad (formerly known as the Waterloo Cedar Falls & Northern Railroad and the Chicago Central and Pacific Railroad that runs in front of the railroad yard); thence Southeasterly and Easterly along said Railroad centerline to the point where the centerline of Fairview Avenue, if extended Southerly, would intersect the centerline of said Railroad; thence North along the extension of the centerline of Fairview Avenue and the centerline of Fairview Avenue to the South line of West Donald Street; thence East along the South line of West Donald Street to the East line of Section 14 Township 89 Range 13; thence North along the East line of said Section 14 to the Northeast corner of said Section 14; thence West along the North line of said Section 14 to the Northwest corner of said Section 14; thence South along the West line of said Section 14 to the Point of Beginning; all in the City" of Waterloo, Black Hawk County, Iowa; and also, That part of the main channel of the Cedar River lying Southeasterly of the centerline of Relocated Conger Street and Northwesterly of the East line of Section 31 Township 89 Range 12, all in the City of Waterloo, Black Hawk County, Iowa; WHEREAS, there has been prepared and referred to the City Council for review and approval an Urban Revitalization Area Plan prepared in accordance with Chapter 404 of the Iowa Code; and WHEREAS, the members of the City Council have general knowledge of the conditions prevailing in the revitalization area; and WHEREAS, the City Council has adopted Resolution No. 2008-965 finding that the rehabilitation, conservation, redevelopment, or a combination thereof of the area is -necessary in the interest of the public health, safety, or welfare of the residents of the city Ordinance No. 4933 Page 9 and the revitalization area meets the criteria of Section Two (2) of Chapter 404 of the Iowa Code; and WHEREAS, the City has scheduled a public hearing and notified all owners of record of real property located within the proposed area, and the tenants living within the proposed area in accordance with Section Four Hundred :Four Point Two (404.2) of the Code of Iowa. The City has also sent notice by ordinary mail to the last known address of record and also sent notice by ordinary mail to the "occupants" of addresses located within the proposed area, such notices having been given by the thirteenth day prior to the public hearing in accordance with the provisions of Chapter 404 of Iowa Code; and WHEREAS, the public hearing has been held on the 3rd day of November, 2008; and WHEREAS, a second public hearing is not required in accordance with Section Four Hundred Four Point Two Subsection Five (404.2(5)) of the Code of Iowa. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA: Section 1. The Consolidated Urban Revitalization Plan is hereby adopted and a copy of said plan shall remain on file in the office of the City Clerk of the City -of Waterloo, Iowa. Section 2. There is hereby 'designated as a revitalization area the following described real estate located in the City of Waterloo, Black Hawk County, Iowa: Beginning at a Point on the East line of Section 31 Township 89 Range 12 where the East line of said Section 31 intersects the Northeasterly line of the Cedar River; thence South along the East line of said Section 31 to its intersection with the Southwesterly line of the Cedar River; thence Southeasterly, Southerly, and Southwesterly following said Southwesterly line of the Cedar River to its intersection with the South line of Section 31 Township 89 Range 12; thence West along the South line of said Section 31 to the Southwest corner of said Section 31; thence West along the South line of Section 36 Township 89 Range 13 to the point of intersection with the East line of Lot 32 Garden Addition extended Southerly; thence North along the Southerly extension of the East line of Lot 32 Garden Addition`,, the East line of Lot 32 Garden Addition, and the extensionNortherly of the East line of Lot 32 Garden Addition to the point of intersection with the centerline of Plymouth Avenue; thence West along the centerline of Plymouth Avenue to the centerline of Wisconsin' Street; thence North along the centerline of Wisconsin Street to the centerline of Lorraine Avenue; thence West along the centerline of Lorraine Avenue to the centerline of Wisconsin Street; thence North along the centerline of Wisconsin Street to the south line of Hawthorne Avenue; thence West along the South line of Hawthorne Avenue to the Easterly line of Kimball Avenue; thence North along the East line of Kimball Avenue to the North line of Reber Ordinance No. 4933 Page 10 - Avenue; thence West along the North line of Reber Avenue and its extension Westerly to the Northwesterly line of the Sergeant Road Bike Trail (formerly the Chicago & Northwestern Transit Co.); thence Northeasterly along the last described line to the Westerly line of Fletcher Avenue; thence North along the West line of Fletcher Avenue to the South line of Black Hawk Road; thence Southwesterly and Westerly along the South line of Black Hawk Road to its intersection with the centerline of Ansborough Avenue, said centerline also being the East line of Section 28 Township 89 Range 13; thence North along the East line of said Section 28 to its intersection with the Easterly extension of the North line of Lot 19 Block 32 Downing Place; thence West along said Easterly extension of the North line of Lot 19 Block 32, and the North line of Lot 19 Block 3-2 said addition, and the Westerly extension of said line'.',to the intersection with the East line of Lot 9Kearns Addition; thence North along the East line of Lot 9 said addition to the Northeast corner of said Lot 9; thence Westerly and Northwesterly along the platted Northerly lines and arcs of Lots 9, 10, 11, 12, 13, 14, and 15 of Kearns Addition to the Northwest corner of Lot 15 said addition; thence Northwesterly in a straight line to the Northeast corner of Lot 26 Kearns Addition; thence Northwesterly following the Northerly lines (arcs) of Lots 26 and 27 Kearns Addition to the Northwest corner of Lot 27 said addition; thence Northwesterly in a straight line to the Northeast corner of Lot 41 said addition; thence Southwesterly following the Easterly lines (arcs) of Lots 41, 40, and 39 Kearns Addition to the Southeasterly corner of Lot 39 said addition; thence Westerly along the Southerly line of said Lot 39 to the Southwest corner of said lot; thence Northeasterly along the Easterly lines of Lots 56 & 55 said addition to the most Easterly corner of Lot 55 said addition; thence Northwesterly along the North lines (arcs) of Lots 55, 54,'`53, -52, 51, 50, 49, 48, and 47 said addition, and the extension Northwesterly of the Northeasterly line (arc) of said Lot 47 to its intersection with the centerline of Sager Avenue; thence Westerly along the centerline of Sager Avenue to the centerline of Linbud Lane; thence North along the centerline of Linbud Lane to the centerline of Alabar Avenue; thence Northwesterly along the centerline of Alabar Avenue to the centerline of Littlefield Road; thence Southerly along the centerline of Littlefield Road to the centerline of Flower Street; thence Northwesterly along the centerline of Flower Street, to the centerline of Sheerer Avenue; thence Northerly along the centerline of Sheerer Avenue to the centerline of Flower Street; thence West along the centerline of Flower Street to the point of intersection with the Northerly extension of the West line of Lot 1 Alabar Hills Second Addition; thence South on said extension of the West line of Lot 1 said addition, and the West line of Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, and 1;3. said addition to the Southwest corner of Lot :13 Alabar Hills Second Addition; thence South on a continuation of the last Ordinance No. 4933 Page 11 described course to the centerline of Sager Avenue; thence Westerly along the centerline of Sager Avenue as originally platted to its intersection with the South line of Section 21 Township 89 Range 13; thence West along the South line of said Section 21 to the Southwest corner of said Section 21 thence West along the South line of Section 20' Township 89 Range 13 to its intersection with the centerline of Progress Avenue; thence North along the centerline of Progress Avenue to the point of intersection with the centerline of Crossway Drive; thence Westerly along the centerline of Crossway Drive, and an extension thereof, to the Westerly line of Midway Drive, (said point of intersection also currently a point on the Westerly Corporate Limits of the City of Waterloo); thence North following the current Westerly corporate limits of the City of Waterloo to a point on the centerline of Midway Drive where the North line of Lot W-3 Cedarloo Park, if extended Westerly, would intersect said centerline; thence East along said extension of the North line off said Lot W-3, and the North line of said Lot W-3, to the West line of Lot 21 Acorn Addition; thence South along the West line of Lot 21 Acorn Addition to the Southwest corner of said lot; thence Easterly along the South line of Acorn Addition to the Southeast corner of Lot 1 said addition; thence continuing along an extension of the last desdrib'ed course to its intersection with the centerline of Progress Avenue; thence South along the centerline of Progress Avenue to the point where the South line of Lot W-116 Cedarloo Park, if extended Westerly, would intersect said line; thence Easterly along the extension of the South line of Lot W-116 said addition, and the South line of Lot W-116 said addition to the Southeast corner of Lot W- 116 said addition; thence South along the East line of Lot W-115 Cedarloo Park to the South line of Tract D of Pine Meadows Addition; thence East along said South line to the West line of Forest Hill Subdivision; thence South along the West line of Lots 10, 11, 12, 13, 14, 15, 16 & 17 said addition to the Southwest corner of Lot 17 said addition; thence Southeast along the Southerly line of Lot 17, and the extension thereof, to its intersection -with the centerline of S. Hackett Road; thence North along the centerline of S. Hackett Road to the centerline of Maynard Avenue; thence East along the centerline of Maynard Avenue to its intersection with the extension Northerly of the West line of Paul's Replat. `of ; a Part of Lawless Addition; thence South along tre Northerly extension of the West line of Paul's Replat of a Part of Lawless Addition, and along the West line of said addition to the North line of Tract A said addition; thence East along said North line to its intersection with the West line of H. Ray Hughes Addition; thence South along the West line of said addition to the centerline of Coachman Drive (said centerline also being a point on the West line of Tract B said addition); thence East along the centerline of Coachman Drive (296 feet more or less) to its intersection with the centerline of Carriage Hill Drive; thence South and Southeasterly along the centerline of Carriage Hill Drive to the Ordinance No. 4933 Page 12 centerline of Stephan Avenue; thence South along the centerline of Stephan Avenue to the point where it would intersect the Westerly extension of the North line of Lot 45 Hansen Noble Addition; thence East along said Westerly extension of the North line of said Lot 45, and the North line of Lot 45 said addition to the Northwest corner of Lot 24 Hansen Noble Addition; thence South along the West line of Lots 24 and 23 said addition to the South line of Lot 23 said addition; thence East along the South line of Lot 23 said addition to the West line of Hanna Boulevard; thence Easterly in a straight line to a point on the East line of Hanna Boulevard that is 5.2 feet normally distant Southerly from the North line of Lot 1 said addition; thence Easterly along a line that is 5.2 feet normally distant Southerly of the North line of Lot 1 said addition to the East line of, said Lot 1 Hansen Noble Addition; thence North along the East line of Lots 1 & 2 said addition to the North line of Lot 16 Block 4 Kreb's Addition; thence East along the North line of said Lot 16 to the Northeast corner of said lot; thence East along a continuation of the last described course to the centerline of Hickory Street; thence North along the centerline of Hickory Street to the point of intersection with the extension Westerly of the South line of Lot 14 Block 5 Kreb's Addition; thence East along the extension Westerly of the South line of Lot 14 Block 5 Kreb's Addition, and the South line of Lot 14 Block 5 Kreb's Addition, and the South line of Lot 33 Block 5 said addition to the West line of Maxwell Street; thence Easterly in a straight line to the Southwest corner of Lot 10 Block 6 Kreb's Addition; thence East along the South line of said Lot 10 Block 6 said addition to the Southeast corner of said lot; thence North along the East line of Lots 10, 9, 8, 7, 6, 5, 4, 3, 2, and 1 Block 6 of Kreb' s Addition to the Northeast corner of Lot 1 Block 6 said addition; thence West along the North line. sof said Lot 1 to the Northwest corner of said Lot 1. thence continuing West along an extension of the last described course to the centerline of Maxwell Street; thence North along the centerline of Maxwell Street to the point of intersection of the Westerly extension of the South line of Lot 9 Block 3 Nelson Addition; thence East along said Westerly extension of the South line of Lot 9 Block 3, and the South line of Lots 9 and 10 Block 3 said addition, vacated Brender Street, and Lots 9 and 10 Block 2 said addition to the Southeast corner of Lot 10 Block 2 said addition; thence East on a continuation of the last described course to the centerline of Aladdin Street; thence Northerly along the centerline of Aladdin Street to the point of intersection with the centerline of Upton Avenue; thence West along the centerline of Upton Avenue to the intersection with the centerline of Galloway Court; thence North along the centerline of Galloway Court to the intersection with the centerline of Maynard Avenue (said point also being the point of intersection of the centerlines of Maynard Avenue and Joy Drive) 'thence Northerly and Northwesterly along the cent erd-:ine` of Joy Drive to the point of intersection with the extension Southerly of Ordinance No. 4933 Page 13 the East line of Lot 7 Block 1 of Clyde Miller Heights; thence North along the Southerly extension of the East line of Lot 7 Block 1 said addition and the East line of Lot 7 Block 1 said addition to the Northeast corner of said lot; thence Northeasterly along the Southeasterly line of Lot 3 .'Auditor` s Whitney Road Plat to a point that is 89.2 -feet Northeasterly of the Southwesterly line of Lot 3' said addition; thence Northwesterly along a line that is 89.2 feet Northeasterly of and parallel to the Southwesterly line of said Lot 3 to its intersection with the most Westerly line of said lot, said point also being a point on the most Easterly line of Lot 2 Block 1 of Clyde Miller Heights; thence Northeasterly along the most Easterly line of said Lot 2 to the Northeast corner of said lot; thence Northwesterly along the most Northerly line said Lot 2 to the Northwest corner of said lot, also. being a point on the East line of Hanna Boulevard; thence North along the West line of Lot 1 Blockl Clyde Miller Heights, and an extension thereof to the North line of Rainbow Drive; thence Northwesterly along the Northerly line of Rainbow Drive to the Southeast corner of Lot 10 of Auditor's Whitney Road Plat; thence North to the Northeast corner of said Lot 10; thence Northwesterly along the Northerly line (curve) of Lots 10 and 11 of said addition to the point of intersection with the extension Southerly of the West line of Lot 12 Auditor's `Whitney Road Plat; thence North along the Southerly extension of the West line of Lot 12 Auditor's Whitney Road Plat, and the West line of Lot 12 Auditor's Whitney Road Plat to the Northwest corner of said Lot 12; thence East and Southeasterly following the Northerly line of said Lot 12 to the Northwest corner of Lot 4 Sherwood Park; thence Southeasterly along the Northerly line of Lots 4, 3, 2, and 1 of Sherwood Park to the Northeast corner of said Lot 1 Sherwood Park; thence North in a straight line to the Southeast corner of Lot 5 Sherwood Park; thence Easterly in a straight line to the Southwest corner of Lot 25 California Subdivision; thence Southeasterly following the South line of Lots 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, and 45 said addition to the Southeast corner of Lot 45 said addition; thence Southeasterly in a straight line to the most Westerly corner of Lot 1 Massey Pullman Diner Plat; thence Southeasterly to the Southeast corner of Lot 2 Massey Pullman Diner Plat; thence Southeasterly on an`-exteftsion of the last described course to its -intersection with the centerline of Relocated Ansborough Avenue; thence Northeasterly and Easterly'`along the centerline of Relocated Ansborough Avenue to the Centerline of Relocated West Conger Street; thence Northeasterly along said Centerline of Relocated West Conger Street across the Cedar River Bypass to the Southwesterly line of the main channel of the Cedar River; thence Northeasterly to the intersection of the centerline of Relocated Conger Street and the Northeasterly line of the main channel of the Cedar River; thence Northerly along said Northeasterly line of the Cedar River to the point where the centerline of West Parker Street, if Ordinance No. 4933 Page 14 extended Westerly, would intersect said Northeasterly line; thence Easterly along said extension of West Parker Street and the Centerline of West Parker Street to the centerline of Cedar Bend Street; thence following the centerline of Cedar Bend Street, as now established, Northwesterly and Northerly to the centerline of W. Donald Street, said point also being a point on the South line of Section 10 Township 89 Range 13; thence West along the South line of said Section to the Southwest corner of said Section; thence North along the West line said Section to the North line of the South one-half of said Section; thence East along said North line of the South one-half of Section 10 Township 89 Range 13 to the East line of said Section; thence East along the North line of the South one-half of Section 11 Township 89 Range -13 to the Southwest corner of the Southeast quarter of the Northeast quarter of Section 11 Township 89 Range 13; thence North along the West line of said Southeast quarter of the Northeast quarter to the Northwest corner of said Southeast quarter of the Northeast quarter; thence East along the North line of said Southeast quarter of the Northeast quarter to the East line of Section 11 Township 89 Range 13, which point is the Centerline of U.S. Highway 63 (also known as Logan Avenue); thence South along the Centerline of Logan Avenue to the Centerline of Ralston Road; thence East along the Centerline of Ralston Road and an extension thereof to its intersection with the West line of Virden Creek; thence Southerly and Southwesterly along the Westerly line of Virden Creek to the Centerline of the tracks of the Chicago Central and Pacific Railroad Line; thence Easterly and Southerly along the Centerline of the Chicago Central and Pacific tracks to a line six hundred and sixty feet (660') North of and parallel to the South line of Section 13 Township 89 Range 13; thence East along said linea to"� the'East line of said Section; thence continuing Easterly along a line six hundred and sixty feet (660') North of and parallel with the South line of Section 18 Township 89 Range 12 to the East line of said Section; thence South along the East line of said Section to the Northeast corner of Section 19 Township 89 Range 12; thence South along the East line of said Section to the centerline of Independence Avenue; thence East along the centerline of Independence Avenue to the West line of Skyview Road; thence South along the West line of Skyview Road to the North line of Osage Avenue (formerly Osage Road); thence West along the North line of Osage Avenue to the West line of North Evans Road; thence South along the West line of North Evans Road to the Southwesterly line of the Chicago Central & Pacific Railroad Right -of -Way, said Point also being a point on the City Limit line of the Corporate Limits of Waterloo, Iowa, as currently established; thence Northwesterly and Southerly following the City Limit line as currently established to the point where it intersects the Northeasterly"line'.-6f the Cedar River; thence Northwesterly along the Northeasterly line of the Cedar River to the point of Beginning; all in the City of Waterloo, Black Hawk County, Iowa; Ordinance No. 4933 Page 15 and also, All that part of Section 2 Township 89 Range 13, in the City of Waterloo, Black Hawk County, Iowa, platted as Aerostat Heights. Section 3. All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. Section 4. It is the intention of the City Council that each section, paragraph, sentence, clause and provision of this. ordinance is separable; and if any provision is held unconstitutional or invalid for any reason, such decision shall not affect the remainder of this ordinance, nor any part hereof other than that affected by such decision. INTRODUCED: November 3, 2008 PASSED 1St CONSIDERATION: November 3, 2008 PASSED 2nd CONSIDERATION: November 10, 2008 PASSED 3rd CONSIDERATION: November 17, 2008 PASSED AND ADOPTED by the City Council of the City of Waterloo, Iowa on the 8th day of December, 2008, and approved by the Mayor on the 10th day of December, 2008. ATTEST: Nancy Eck t, CMC City Cler Tim Hurley, Mayor CERTIFICATE I, Nancy Eckert, City Clerk of the City of Waterloo, Iowa, do hereby certify that the preceding is a true and complete copy of Ordinance No. 4933, as passed and adopted by the Council of the City of Waterloo, Iowa, on the 8th day of December, 2008. Witness my hand and seal of office this 10th day of December, 11: SEAL Nancy Nancy Ec r CMC City Cle 4 M' AA AA ! vi Nancy Nancy Ec r CMC City Cle