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HomeMy WebLinkAbout5052-6 /27/2011This 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 S53001136"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 S78004100"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 N49000'30"W 2.25 feet along said Southerly right of way line to the intersection with the Southerly line of Westfield Avenue as platted; thence 560003'48"W 144.01 feet along said Southerly right of way line of Westfield Avenue to the Northeasterly corner of Parcel "D"; thence S59048'31'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 12,618.9 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 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 by the City Council of the City of Waterloo, Iowa, on the 27thday of June, 2011, and approved by the Mayor on the 27th day of June, 2011. 1,0"twa,zt 7 A/ Er est G. Clark, Mayor ATTEST: zy Sc ares, 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. SEAL uzy chares, CMC City Ilerk