HomeMy WebLinkAbout5052-6 /27/2011(RECORDED)Doc ID: 004657200002 Type: GEN
Kind: ORDINANCE
Recorded: 12/13/2011 at 11:11:09 AM
Fee Amt: $12.00 Page i of 2
Black Hawk County Iowa
JUDITH A MCCARTHY RECORDER
File20 12-000 108 V 2
This Ordinance prepared by Carol Failor, Deputy City Clerk, 715
Mulberry Street, Waterloo, Iowa.
ORDINANCE NO. 5052
AN ORDINANCE VACATING THE FORMER WESTFIELD
AVENUE RIGHT-OF-WAY LOCATED BETWEEN WEST
JEFFERSON AND WEST COMMERCIAL STREETS,
DIRECTLY WEST AND ADJACENT TO 25 WEST
COMMERCIAL STREET, IN THE CITY OF WATERLOO,
BLACK HAWK COUNTY, IOWA.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WATERLOO,
IOWA, as follows:
A survey of Parcel "M" of the Southeast Quarter (SE
1/4), Section 23, Township 89 North (T89N), Range 13
West (R13W), in the City of Waterloo, Black Hawk
County, State Of Iowa, more particularly described as
follows:
Beginning at the intersection of the current Southerly
right of way line of West Commercial Street and the
Northerly right of way line of Westfield Avenue,
formerly know as Miles Street, said intersection is the
most Easterly corner of Tract "G" of the TechWorks
Addition to said City of Waterloo; thence S53°01'36"E
127.00 feet to the endpoint of a curve along Parcel "C"
as recorded in Document No. 2005 17852; thence
Southwesterly 24.24 feet along 23.75 foot radius curve
concave Southeasterly with a long chord bearing
S78004'00"W 23.20 feet along said Parcel "C", to a
point on the Southerly right of way line of West
Commercial Street as originally platted; thence
N49000130"W 2.25 feet along said Southerly right of way
line to the intersection with the Southerly line of
Westfield Avenue as platted; thence S60003'48"W 144.01
feet along said Southerly right of way line of
Westfield Avenue to the Northeasterly corner of Parcel
"D"; thence S59°48'31'W 10.60 feet along said Southerly
right of way line of Westfield Avenue to the
Northwesterly corner of said Parcel "D"; thence
N14037139"W 68.36 feet across Westfield Avenue to the
Southeasterly corner of said Tract "G" of the TechWorks
addition; thence N39014'56"E 117.20 feet along the
Southerly line of said Tract "G", and the Northerly
line of Westfield,Avenue, to the point of beginning,
containing 12,618. square feet, or 0.290 acres, of
which 6,236.4 squ e feet is subject to public utility
easements.
This description has been written for the vacating of
the public right of way now known as Westfield Avenue,
and the disposition of said excess right of way.
The total survey area: 12,618.9 square feet may also be
divided as follows: 7,863.6 square feet lies in the
Southeast Quarter (SE 1/4), and 4,755.3 square feet
lies in the Southwest Quarter (SW 1/4), all in section
23, Township 89 North (T89N), Range 13 West (R13W),
within the City of Waterloo, Black Hawk County, State
of Iowa;
Ordinance No. 5052
Page 2
shall be, and the same is hereby vacated, subject to the
following conditions:
1. That an easement be retained over, under and upon the
entire area to be vacated.
2. That the applicant obtain a signed "Intent to Vacate"
form from the abutting property owner to the north and
west, indicating if they do or do not have an interest
in purchasing the right-of-way abutting their property.
INTRODUCED:
June
27,
2011
PASSED 1St CONSIDERATION:
June
27,
2011
PASSED 2nd CONSIDERATION:
June
27,
2011
PASSED 3rd CONSIDERATION:
June
27,
2011
PASSED AND ADOPTED bhy the City Council of the City of
Waterloo, Iowa, on the 27t day of June, 2011, and approved by
the Mayor on the 27th day of June, 2011.
Er e t G. Clark, Mayor
ATTEST:
Suzy Sch res, CMC
City Clerk
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. 5052, as
passed
and adopted by the Council of
,-,,,the,,City of Waterloo, Iowa,
on the
27th day of June, 2011.
Witness my hand and seal of
office this 27th day of June,
2011 :`..
;uzy
a�r
SEAL,
Sc es, CMC
City
Cl rk
STATE OF IOWA,
Black Hawk County
I do solemnly swear that the annexed copy
1358312
ORDINANCE NO. 5052 AN ORDINANCE VAC
notice was published in the WATERLOO/CEDAR
a daily newspaper printed in WATERLOO,
Black Hawk County, Iowa, for 1 issues
commencing on 08/08/2011, in the issues of
08/08/2011
of
FALLS COURIER -,
of said newspaper, and that the annexed rate of
advertising is the regular legal rate of said
newspaper, and that the following is a correct
bill for publishing said notice.
Printer's Bill $31.57
Signed
Subscribed and swor to before me this
day of o2(jl t
177
otary Publi
Received of
the sum of Dollars
in full for publication of the above invoice.
Notary Seal:
ORDINANCE NO. 5052
AN ORDINANCE VACATING THE
FORMER WESTFIELD AVENUE
RIGHT-OF-WAY LOCATED BETWEEN
WEST JEFFERSON AND WEST
COMMERCIAL STREETS, DIRECTLY
WEST AND ADJACENT TO 25 WEST
COMMERCIAL STREET, IN THE CITY
OF WATERLOO, BLACK HAWK
COUNTY, IOWA.
BE IT ORDAINED BY THE CITY COUN-
CIL OF THE. CITY OF WATERLOO, 10 -
WA, as follows:
A survey of Parcel "M" of the Southeast
Quarter (SE 1/4); Section 23, Township
89 North (T89N), Range 13 West i
(R13W), in the City of Waterloo, Black
Hawk County, State Of Iowa, more par-
ticularly described as follows:
Beginning at the intersection of the cur-
rent Southerly right of way line of West
Commercial Street and the Northerly
right of way line of Westfield Avenue, for-
merly know as Miles Street, said inter-
section is the most Easterly corner of
Tract "G" of the TechWorks Addition to
said City of Waterloo; thence S53°01'3 -
6"E 127.00 feet to the endpoint of a
curve along Parcel "C" as recorded in
Document No. 2005 17852; thence
Southwesterly 24.24 feet along 23.75
foot radius curve concave Southeasterly
with along chord bearing S78°04'00"W
23.20 feet along said Parcel "C", to a
point on the Southerly right of way line of
West Commercial Street as originally
platted; thence N49°00'30"W 2.25 feet
along said Southerly right of way line to
the intersection with the Southerly line of
Westfield Avenue as platted; thence
S60003I48"W 144.01 feet along said
Southerly right of way line of Westfield
Avenue to the Northeasterly corner of
Parcel "D"; thence S59°48'31'W 10.60
feet along said Southerly right of way line
of Westfield Avenue to the Northwesterly
corner of said Parcel "D"; thence
N14°37'39"W 68.36 feet across West-
field Avenue to the Southeasterly corner
of said Tract "G" of the TechWorks addi-
tion; thence N39°14'56"E 117.20 feet
along the Southerly line of said Tract
"G", and the Northerly line of Westfield
Avenue, to the point of beginning, con-
taining 12,618.9 square feet, or 0.290
acres, of which 6,236.4 square feet is
subject to public utility easements.
This description has been written for the
vacating of the public right of way now
known as Westfield Avenue, and the dis-
position of said excess right of way.
I The total survey area: 12,618.9 square
feet may also be divided as follows:
7,863.6 square feet lies in the Southeast
Quarter (SE 1/4), and 4,755.3 square
feetlies in the Southwest Quarter (SW
1/4), all in section 23, Township 89 North
(T89N), Range 13 West (R13W), within
the City of Waterloo, Black Hawk Coun-
ty, State of Iowa;
shall be, and the same is hereby vacat-
ed, subject
acat-
ed,subject to the following conditions:
17hat an easement be retained over,
under and upon the entire area to be
vacated.
2.That the applicant obtain a signed "In-
tent to Vacate" form from the abutting
property owner to the north and west, in-
dicating if they do or do not have an in-
terest in purchasing the right-of-way
abutting their property.
INTRODUCED: June 27, 2011
PASSED 1 st CONSIDERATION:
' June 27, 2011
PASSED 2nd CONSIDERATION:
June 27, 2011
PASSED 3rd CONSIDERATION:
June 27, 2011
PASSED AND ADOPTED by the City
Council of the City of Waterloo, Iowa, on
the 27th day of June, 2011,and ap-
proved by the Mayor on the 27th day of
June, 2011.
Ernest G. Clark, Mayor
ATTEST:
Suzy Schares, CMC
City Clerk