HomeMy WebLinkAbout4906-05/14/2008Document Number: 2008023456
CITY OF WATERLOO I
Date: May 27, 2008 4:30:00 pm
Aud Fee: 0.00 Rec Fee: 15.00
P
Trans Tax: 0.00 Rec Management Fee:
E -Com Fee: 1.00 Non -Standard Page Fee:
Filed for record in Black Hawk County, Iowa
Z
Judith A. McCarthy, County Recorder
This Ordinance prepared by Nancy Eckert, City Clerk, 715 Mulberry
Street, Waterloo, Iowa.
ORDINANCE NO. 4906
ORDINANCE AMENDING ORDINANCE NO. 2479, AS
AMENDED, BY ADDING SUBSECTION NO. 398 TO
SECTION 2A-5, REZONING CERTAIN PROPERTY AND
RESCINDING ORDINANCE NO. 4868 IN ITS
ENTIRETY.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA:
Section 1. That Section 2A-5, of Ordinance No. 2479, as
amended, be further amended by adding after Subsection No. 397,
of said Section, the following Subsection No. Three Hundred
Ninety Eight (398).
A parcel of land situated in part of Section 1.4 and
part of Section 15, Township 89 North, Range 12 West of
the 5th Principal Meridian, part of Merle Road, 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 1-4 corner of said Section 14;
thence North 000 (Degrees) 01' (Minutes) 46" (Seconds)
West (assumed bearing for the purpose of this
description) on the West line of the West 1--� of the
Southeast 1/ of said Section 14, a distance of 603.02
feet to a point on a line that is 260.00 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, being the point of beginning of the parcel of
land herein described; thence South 89020'35" West on
said parallel line and its Westerly extension, 792.02
feet to the Northerly extension of a line that is
260.00 feet West of and parallel with the West line of
said parcel of land described in said Warranty Deed;
thence South 00001'46" East on said parallel line and
its Northerly extension, 310.01 feet to a point that is
260.00 feet normally distant North of the present North
right-of-way line of Newell Street; thence South
89"51'12" West, 2,925.06 feet to a. point that is 260.00
feet normally distant North of the present North right-
of-way line of Newell Street and 260.00 feet normally
distant East of the West line of the East 1-� of the
Southeast 1-4 of said Section 15; thence North 00010147"
East on a line that is 260.00 feet East of and parallel
with the West line of the East '-� of the Southeast 1-4 of
said Section 15, a distance of 2,079.11 feet to a line
that is 260.00 feet South of and parallel with the
North line of the West '-� of the Southeast 1-4 of said
Section 15; thence North 89044127" East on said
parallel line, 887.43 feet to the Southeasterly right -
of --way line of the Union Pacific Railroad; thence North
32°05'37" East on said Southeasterly right-of-way line,
307.78 feet; thence North 89°4427" East on the North
line of the East 1-� of the Southeast �,4 of said Section
15, a distance of 11.03 feet to the West �,4 corner of
said Section 14; thence North 00'11'55" East on the
West line of the South '-� of the Northwest �,4 of said
1.00
0.00
Ordinance No. 4906
Page 2
Section 14, a distance of 17.63 feet to the
Southeasterly right-of-way line of the Union Pacific
Railroad; thence North 32°05137" East on said
Southeasterly right-of-way line, 237.33 feet; thence
Northeasterly on said Southeasterly right-of-way line
being a 1,857.62 -foot radius curve concave
Southeasterly and having a 231.94 -foot long chord
bearing North 35°40'21" East, 232.09 feet (arc length)
to a line that is 260.00 feet East of and parallel with
the West line of the South 1.� of the Northwest 1� of said
Section 14; thence North 00°11'55" East on said
parallel line, 661.38 feet to a line that is 260.00
feet South of and parallel with the North line of the
South 1-� of the Northwest 1/ of said Section 14; thence
North 89°16'57" East on said parallel line, 2,313.28
feet to a line that is 260.00 feet West of and parallel
with 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 00001'39" East on said parallel
line and its Southerly extension, 540.02 feet to the
Westerly extension of a line that is 260.00 feet South
of and parallel with the South line of said parcel of
land described in said application for condemnation;
thence North 89017'36" East on said parallel line and
its Westerly and Easterly extensions, 1,120.12 feet to
a line that is 260.00 feet West of and parallel with
the East line of the Southwest 1-,4 of the Northeast 1/ of
said Section 14; thence South 00°08113" East on said
parallel line, 529.89 feet to the South line of the
Southwest 1� of the Northeast �-4 of said Section 14;
thence South 89021'17" West on said South line,
1,051.11 feet to the Northeast corner of the East 1-� of
the Southwest 1/ of said Section 14; thence South
00°01'46" East on the East line of said East 1�, a
distance of 2,046.83 feet to the point of beginning.
Containing 11,341,301 square feet or 260.36 acres, all
in the City of Waterloo, Black Hawk County, Iowa;
now zoned on the Zoning Map of Waterloo, Iowa, as "A-1"
Agricultural District, be and the same is hereby zoned as "M -2,P"
Planned Industrial District as above described, subject to the
following conditions:
1. That Elk Run Energy Associates, LLC, its successors and
transferees, implement the proposed Mitigation Criteria
as outlined in the traffic study prepared by Earth Tech
dated February 2007.
2. That the design, construction, and operation of the
planned electric generation facility will be in
compliance with all federal, state, and local laws,
ordinances, and regulations. The facility will be
equipped with state-of-the-art air emission control
technologies, which will make the Elk Run Energy
Station one of the cleanest coal plants in the country.
3. That the company cont'nues to further engineer and
economically study the use and selection of renewable
fuel sources, which may potentially involve switch
grass, corn stalks, or waste products from Iowa -based
ethanol projects.
Ordinance No. 4906
Page 3
4. That the site plan meets the rules and regulations of
all applicable local codes and ordinances, including
but not limited to drainage, landscaping, etc.
5. That a Development Agreement is approved to address the
extension of infrastructure for the project including,
but not limited to, wastewater, water, sewer, and
Newell Street improvements."
Section 2. This ordinance shall become effective following
publication as required by law and upon completion of the
annexation process for the subject real estate in accordance with
the requirements of Chapter 368 of the Code of Iowa (2007), which
in any event must be completed within six months from the date
hereof or this ordinance shall be void and of no force or effect.
Section 3. That the City Clerk be, and she hereby is,
directed to file a certified copy of this Ordinance with the
Recorder of Black Hawk County, Iowa.
BE IT FURTHER ORDAINED that Ordinance No. 4868 be, and the
same hereby is, rescinded in its entirety.
INTRODUCED: April 28, 2008
PASSED 1St CONSIDERATION: April 28, 2008
PASSED 2nd CONSIDERATION: May 5, 2008
PASSED 3rd CONSIDERATION: May 12, 2008
PASSED AND ADOPTED by the City Council of the City of
Waterloo, Iowa, on the 12th day of May, 2008, and approved by the
Mayor on the 14tH day of May, 2008.
ATTEST:
Nanc Ecker , CMC
City Clerk--'
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. 4906 as passed and adopted by the Council of the
City of Waterloo, Iowa, on the 12th day of May, 2008.
Witness my nand and seal of office this 14th day of May,
2008.
F
SFAINance Ecke CMC
City Cler