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HomeMy WebLinkAbout5089-12/12/2011 (RECORDED)I IIIIIiI !I II I I III IIIII IIIII IIIII IIIN I IIII !IIlI IIIII IIIII IIIII IIIA VIII IIII IIII Doc ID: 004671900009 Type: GEN Kind: ORDINANCE Recorded: 12/30/2011 at 09:19:55 AM Fee Amt: $47.00 Pape 1 of 9 Black Hawk County Iowa JUDITH A MCCARTHY RECORDER File2012-00012105 This Ordinance prepared by Carol Failor, Deputy City Clerk, 715 Mulberry Street, Waterloo, Iowa. ORDINANCE NO. 5089 AN ORDINANCE ESTABLISHING THE BOUNDARIES OF A CITY LIMITS URBAN REVITALIZATION AREA IN THE CITY OF WATERLOO. WHEREAS, 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 areas; and WHEREAS, it is desirable and in the interest for 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 a city-wide Urban Revitalization Area, excluding the tracts of land situated in the previously established Consolidated Urban Revitalization Area. WHEREAS, there has been prepared and referred to the City Council for review and approval a City Limits Urban Revitalization Area (hereafter, "CLURA") 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. 2011- 1138 finding that the rehabilitation, conservation, redevelopment, development, 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 and that the revitalization area meets the criteria of Section 404.1 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 404.2(3) of the Iowa Code. The City has also sent notice by ordinary mail to the "occupants" of addresses located within the proposed area, such notices having been given by the thirtieth day prior to the public hearing in accordance with the provisions of Section 404.2 of the Iowa Code; and WHEREAS, the public hearing has been held on the 18th day of July, 2008; and WHEREAS, a second public hearing is not required in accordance with Section 404.2(5) of the Iowa Code. Ordinance No. 5089 Page 2 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA: Section 1. The CLURA Plan is hereby adopted and a copy of said plan shall remain on filed 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: All areas within the corporate limits of the City of Waterloo, Black Hawk County, Iowa, excluding the following described real estate: 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 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 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 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 Ordinance No. 5089 Page 3 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 line 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 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 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 Avenue; thence North along the centerline of Progress Avenue to the point of intersection with the Ordinance No. 5089 Page 4 centerline of Crossway the centerline of Cros thereof, to the Westerl point of intersection a Westerly Corporate Limi thence North following limits of the City of centerline of Midway Dri W-3 Cedarloo Park, i intersect said centerl. extension of the North North line of said Lot w Acorn Addition; thence Lot 21 Acorn Addition tc lot; thence Easterly a: Addition to the South Drive; thence Westerly along way Drive, and an extension line of Midway Drive, (said _so currently a point on the s of the City of Waterloo); he current Westerly corporate Waterloo to a point on the ,e where the North line of Lot extended Westerly, would ne; thence East along said ine of said Lot W-3, and the -3, to the West line of Lot 21 South along the West line of the Southwest corner of said ong the South line of Acorn past 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 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 Ordinance No. 5089 Page 5 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 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 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 Ordinance No. 5089 Page 6 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 extension 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 Ordinance No. 5089 Page 7 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 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 line 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 Ordinance No. 5089 Page 8 Northwesterly and Southerly following the City Limit line as currently established 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; and also excluding, 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 benefits conferred by the CLURA Plan shall be granted retroactively to July 18, 2011, as further limited or conditioned by said Plan. Section 4: All ordinances or parts of ordinances in conflict herewith, including Ordinance No. 5068 adopted on August 22, 2011, shall be and the same are hereby repealed. Section 5: 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: December 12, 2011 PASSED 1St CONSIDERATION: December 12, 2011 PASSED 2nd CONSIDERATION: December 12, 2011 PASSED 3rd CONSIDERATION: December 12, 2011 PASSED AND ADOPTED by the City Council of the City of Waterloo, Iowa, on the 12th day of December, 2011, and approved by the Mayor on the 12th day of December, 2011. Ernest G. Clark, Mayor ATTEST: 1A n. PC, Suzy Scares, CMC City Clerk Ordinance No. 5089 Page 9 CERTIFICATE I, Suzy Schares, City Clerk of the City of Waterloo, Iowa, do hereby certify that the preceding is a true and complete copy of Ordinance No. 5089, as passed and adopted by the City Council of the City of Waterloo, Iowa, on the 12th day of December, 2011. Witness my hand and seal of office this 12th day of December, 2011. SEAL Suzy Sch res, CMC City Clerk I do solemnly swear that the annexed copy of legal STATE OF IOWA, } City of Waterloo Summary of Ordinance No. 5089 Black Hawk JaPIV dllHgd A8 I plea ; aqj Seld II.. aau:Wtd tab Uro E ssgd ,LN I low IsetA ulnos Sht :algeaaulnA lynlnoS uateaa reel axe f x i y� CLYL!!♦ isv6bA Wa xVi def g7noS All 890 the OT V red SBPxA red lb580T 8i Sec the Isam he the; rx♦ L 0 T Sol ,A the 9 L i 39am ii; tioi ' of us a41 411M G ejlEnb 941 :aemsuy si 1SIof :Seigwnr s�epaelsa� dit dit Ea PI ii sf '�/ cep Na St nu Lo oq W= � an " 18aexv Kii Au of eN €� Sri FF_SS Q N E) li aui 7 'sa�va f.7- IM !d IM S IPeW ounqul t40Z® County, SS ;o 401 BID si azalp 'pa, -ueru ag};o ULg aq, uaq, -Ir00 Mpeago L, si aaaga a-Iuszo pue sajdde 93lll }: •ajzzspPT e ploq uea Burt;as alget . g}tm a}aduioa m auref -IRIS as nm pa$usgo jjjpR ai q;inA 400gs sp.Iagdags p; -q;ag zanO Sapjs aq} do } -ISin auimag ajgistnul a p8pu9380p aurnip ails r -4s3pus daags pnus ajgl e;o tuoq seen pus sauoq 4004 POO 4mll si setu}SIX -;sej ags, •paau lUana H -.rad a sr uoseas age;o } uo�ze[ agnadmalp tp1m i xo; fin} IMP S,&u daap PUP Sagjnl}ae tripua Ian, `$ugea `$Inddogs dq uta •saau .mo 04 Sanjauno s;zadxa awcloaq aneq am — Ssauanl Io; `Ssaulnjq ,g0U94S 'joi}uoa-31aS 'a 4rl$u UP `Iuagl mornj am anti mowl o0p am 0� ?,spioM Amu!p10 ano{ wlo{ of a�enbs yoga o, aaual euo 'selgwnr inol asayl algwe�osun 1 a (� Aq 'ls!p '•oul 'H3N 6q G G03 0 it Nei sewer - ieun luso not 1e43 uee4 )!41 isep'e4 841 JO aup„ :uoltnlos sno!najd -INaSZ d W O Notice was published in the Waterloo -Cedar Falls Courier, a daily newspaper printed in Waterloo, Black Hawk County, Iowa, once commencing on the 23rd day of December, 2011 in the name of said newspaper, and that the annexed rate of advertised is the regular legal rate of said newspaper, and that the following is a correct bill for publishing said notice. Printer's Bill $219.19 Received of the sum of Signed sworn to before me this Notary Public Dollars. In full for publication of the above notice.