HomeMy WebLinkAbout2019-609(RESCINDED)
Rescinded October 28, 2019 by Resolution No. 2019-822 to amend the terms of the agreement.
Prepared by LeAnn M. Even Deputy City Clerk, City of Waterloo, 715 Mulberry Street,
Waterloo, IA 50703, (319) 291-4323.
RESOLUTION NO. 2019-609
RESOLUTION AMENDING AN ENCROACHMENT
AGREEMENT WITH FARMERS STATE BANK, F/K/A
LIBERTY BANK, F.S.B., DATED DECEMBER 5, 2011, TO
MAKE CHANGES TO AN EXISTING 12 FOOT 10 INCH X 18
FOOT MONUMENT SIGN IN THE CITY RIGHT-OF-WAY, IN
THE MEDIAN OF NICKI STREET, NORTH OF 131 TOWER
PARK DRIVE, AND AUTHORIZE THE MAYOR AND CITY
CLERK TO EXECUTE SAID DOCUMENT.
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that
the Encroachment Agreement, with Farmers State Bank f/k/a Liberty Bank, F.S.B., dated
December 5, 2011, to make changes to an existing 12 foot 10 inch x 18 foot monument sign in
the City right-of-way, in the median of Nicki Street, north of 131 Tower Park Drive, and legally
described as follows:
THAT PART OF TRACT A, TOWER PARK, WATERLOO, BLACK HAWK
COUNTY, IOWA, DESCRIBED AS FOLLOWS:
PARCEL 1:
COMMENCING AT THE NORTHWEST CORNER OF NORTHEAST
QUARTER OF THE NORTHEAST QUARTER (NE¼ NE¼) OF SECTION
NINE (9), TOWNSHIP EIGHTY-EIGHT (88) NORTH, RANGE THIRTEEN
(13) WEST OF THE 5TH P.M., BLACK HAWK COUNTY, IOWA; THENCE
SOUTH 00 DEGREES 26 MINUTES 14 SECONDS EAST, ALONG THE
WEST LINE OF SAID NORTHEAST QUARTER OF THE NORTHEAST
QUARTER, 63.43 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF WEST
SAN MARNAN DRIVE; THENCE SOUTH 89 DEGREES 03 MINUTES 48
SECONDS EAST, ALONG SAID SOUTH RIGHT-OF-WAY LINE, 1,207.00
FEET TO THE WEST RIGHT-OF-WAY LINE OF KIMBALL AVENUE;
THENCE SOUTH 18 DEGREES 02 MINUTES 49 SECONDS EAST, ALONG
SAID WEST RIGHT-OF-WAY LINE, 159.44 FEET; THENCE SOUTH 00
DEGREES 28 MINUTES 22 SECONDS EAST, ALONG SAID WEST RIGHT-
OF-WAY LINE, 154.27 FEET; THENCE NORTH 89 DEGREES 31 MINUTES
38 SECONDS EAST, ALONG SAID WEST RIGHT-OF-WAY LINE, 10.00
FEET; THENCE SOUTH 00 DEGREES 28 MINUTES 22 SECONDS EAST,
ALONG SAID WEST RIGHT-OF-WAY LINE, 29.20 FEET; THENCE SOUTH
89 DEGREES 33 MINUTES 46 SECONDS WEST, 60.00 FEET; THENCE
NORTHWESTERLY ALONG A CURVE CONCAVE NORTHEASTERLY,
HAVING A RADIUS OF 284.80 FEET, A DISTANCE OF 123.88 FEET;
THENCE SOUTH 00 DEGREES 26 MINUTES 14 SECONDS EAST, 176.52
FEET; THENCE SOUTH 89 DEGREES 33 MINUTES 46 SECONDS WEST,
60.00 FEET; THENCE SOUTH 41 DEGREES 49 MINUTES 27 SECONDS
WEST 423.78 FEET TO THE POINT OF BEGINNING; THENCE NORTH 45
DEGREES 26 MINUTES 14 SECONDS WEST, 324 FEET; THENCE NORTH
00 DEGREES 26 MINUTES 14 SECONDS WEST, 90.51 FEET; THENCE
NORTH 45 DEGREES 26 MINUTES 14 SECONDS WEST, 52.00 FEET;
THENCE WESTERLY ALONG A CURVE CONCAVE SOUTHERLY,
HAVING A RADIUS OF 64.00 FEET, A DISTANCE OF 100.53 FEET;
THENCE NORTH 45 DEGREES 26 MINUTES 14 SECONDS WEST, 161.00
FEET; THENCE NORTHEASTERLY ALONG A NONTANGENT CURVE
CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 665.00 FEET AND
Resolution 2019-609
Page 2
A LONG CHORD BEARING NORTH 67 DEGREES 03 MINUTES 47
SECONDS EAST, A DISTANCE OF 522.29 FEET; THENCE SOUTH 00
DEGREES 26 MINUTES 14 SECONDS EAST, 374.75 FEET; THENCE
NORTH 89 DEGREES 31 MINUTES 19 SECONDS EAST, 24.75 FEET;
THENCE SOUTH 00 DEGREES 28 MINUTES 41 SECONDS EAST, 24.20
FEET; THENCE SOUTH 89 DEGREES 31 MINUTES 19 SECONDS WEST,
24.77 FEET; THENCE SOUTH 00 DEGREES 26 MINUTES 14 SECONDS
EAST, 266.05 FEET TO THE POINT OF BEGINNING.
PARCEL 2:
A PARCEL OF LAND LOCATED IN THE NORTHEAST QUARTER OF THE
NORTHEAST QUARTER (NE¼ NE¼) OF SECTION NINE (9), TOWNSHIP
EIGHTY-EIGHT (88) NORTH, RANGE THIRTEEN (13) WEST OF THE
FIFTH PRINCIPAL MERIDIAN AND PART OF TRACT A, TOWER PARK,
WATERLOO, BLACK HAWK COUNTY, IOWA, DESCRIBED AS
FOLLOWS:
BEGINNING AT THE MOST SOUTHERLY CORNER OF SAID TRACT A;
THENCE NORTH 00 DEGREES 26 MINUTES 14 SECONDS WEST A
DISTANCE OF 266.05 FEET; THENCE NORTH 89 DEGREES 31 MINUTES
19 SECONDS EAST A DISTANCE OF 24.77 FEET; THENCE NORTH 00
DEGREES 28 MINUTES 41 SECONDS WEST A DISTANCE OF 24.20 FEET;
THENCE SOUTH 89 DEGREES 31 MINUTES 19 SECONDS WEST A
DISTANCE OF 24.75 FEET; THENCE NORTH 00 DEGREES 26 MINUTES
14 SECONDS WEST A DISTANCE OF 374.75 FEET TO THE SOUTHERLY
RIGHT-OF-WAY LINE OF TOWER PARK DRIVE; THENCE EASTERLY ON
SAID SOUTHERLY RIGHT-OF-WAY ON A NON-TANGENT CURVE
CONCAVE SOUTHERLY HAVING A RADIUS OF 665.00 FEET AND A
LONG CHORD BEARING SOUTH 87 DEGREES 25 MINUTES 22 SECONDS
EAST A DISTANCE OF 69.97 FEET; THENCE SOUTHEASTERLY ON A
CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 263.72
FEET AND LONG CHORD BEARING SOUTH 62 DEGREES 12 MINUTES
15 SECONDS EAST A DISTANCE OF 204.40 FEET; THENCE
SOUTHEASTERLY ON A CURVE CONCAVE NORTHEASTERLY HAVING
A RADIUS OF 284.80 FEET AND LONG CHORD BEARING SOUTH 52
DEGREES 45 MINUTES 27 SECONDS EAST A DISTANCE OF 126.83 FEET;
THENCE SOUTHEASTERLY ON A CURVE CONCAVE NORTHEASTERLY
HAVING A RADIUS OF 284.80 FEET AND LONG CHORD BEARING
SOUTH 67 DEGREES 58 MINUTES 45 SECONDS EAST A DISTANCE OF
24.50 FEET; THENCE SOUTH 19 DEGREES 33 MINUTES 24 SECONDS
WEST A DISTANCE OF 51.57 FEET; THENCE SOUTH 00 DEGREES 26
MINUTES 14 SECONDS EAST A DISTANCE OF 150.31 FEET; THENCE
SOUTH 50 DEGREES 42 MINUTES 06 SECONDS WEST A DISTANCE OF
449.48 FEET TO THE POINT OF BEGINNING.
NOTE: THE WEST LINE OF THE NORTHEAST QUARTER OF THE
NORTHEAST QUARTER OF SECTION 9, TOWNSHIP 88 NORTH, RANGE
13 WEST OF THE 5TH P.M., BLACK HAWK COUNTY, IOWA, IS
ASSUMED TO BEAR SOUTH 00 DEGREES 26 MINUTES 14 SECONDS
EAST.
BLACK HAWK COUNTY, IOWA
NOTE: PARCEL DESIGNATIONS ARE FOR CONVENIENCE OF
REFERENCE ONLY AND DO NOT CONSTITUTE AN INTEGRAL PART OF
THE LEGAL DESCRIPTION,
Resolution 2019-609
Page 3
by and between Farmers State Bank and the City of Waterloo, Iowa, is hereby approved and the
Mayor and City Clerk are authorized and directed to execute said agreement on behalf of the City
of Waterloo.
th
PASSED AND ADOPTED this 12 day of August 2019.
___________________________________
Quentin Hart, Mayor
ATTEST:
_______________________________
Kelley Felchle
City Clerk
CERTIFICATE
I, Kelley Felchle City Clerk of the City of Waterloo, Iowa, do hereby certify that the
preceding is a true and complete copy of Resolution 2019-609, as passed and adopted by the
th
Council of the City of Waterloo, Iowa, on the 12 day of August 2019.
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Witness my hand and seal of office this 12 day of August 2019.
_____________________________
SEAL Kelley Felchle
City Clerk