HomeMy WebLinkAbout5082-10/24/2011 RecordedThis Ordinance prepared by Carol Failor, Deputy City Clerk, City
Hall, 715 Mulberry Street, Waterloo, Iowa 50703.
ORDINANCE NO. 5082
AN ORDINANCE VACATING A 12,618.9 SQUARE FOOT
PORTION OF 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 "C" of the Southwest Quarter (SW
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:
Commencing 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 known 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 end point of a curve along Parcel
"C" - SE 1/4 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
S78°04'00"W 23.20 feet along said Parcel "C" - SE 1/4,
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 S60°03'48"W 144.01
feet along said Southerly right of way line of
Westfield Avenue to the Northeasterly corner of Parcel
"D" - SE 1/4; 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" - SE 1/4, to
the point of beginning; thence N14°37'39"W 68.36 feet
across Westfield Avenue to the Southeasterly corner of
said Tract "G" of the TechWorks addition; thence
S59°48'31"W 41.28 feet along the most Southerly line of
said Tract "G", to the most Westerly corner of said
Tract "G"; thence Southerly 69.92 feet along a 181.64
foot radius curve concave Westerly with a long chord
bearing S11°33'57"E 69.94 feet, to the Northerly line
of Lot 4 TechWorks Addition; thence N59°48'31"E 65.52
feet along said Northerly line, to the point of
beginning, containing 3,000.7 sq. ft. or 0.069 acres,
subject to city's retention of a permanent utility
easement over, under and upon the described area, and
subject to reservation of easements for ingress and
egress and easements for access to public and private
utilities facilities and infrastructure to operate,
inspect, maintain, repair, reconstruct, and remove same
in, upon, beneath, over and across the described area,
said easement being for the benefit of Lot 4 and Tract
"G" in TechWorks Addition;
Ordinance No. 5082
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:
PASSED 1st CONSIDERATION:
PASSED 2nd CONSIDERATION:
PASSED 3rd CONSIDERATION:
October
October
October
October
24, 2011
24, 2011
24, 2011
24, 2011
PASSED AND ADOPTED by the City Council of the City
Waterloo, Iowa, on the 24th day of October, 2011, and approved
the Mayor on the 24th day of October,_2011.
ATTEST:
Ernest G. Clar
Suzy Sch:res, CMC
City Cle k
CERTIFICATE
, Mayor
of
by
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. 5082, as passed and adopted by the Council of
the City of Waterloo, Iowa, on the 24th day of October, 2011.
2011.
SEAL
Witness my hand and seal of office this 24th day of October,
Suzy Sd.4ares, CMC
City Clerk
IIIINI IIINI N IIIII IIIII IIIII !1111 IIII! INTI IIIII IIIII IIIII NIII !NII Illi IIII
Doc ID: 004672670002 Type: GEN
Kind: ORDINANCE
Recorded: 12/30/2011 at 01:36:19 PM
Fee Amt: $12.00 Page i of 2
Black Hawk County Iowa
JUDITH A MCCARTHY RECORDER
File2012-000121 / 1
This Ordinance prepared by Carol Failor, Deputy City Clerk, City
Hall, 715 Mulberry Street, Waterloo, Iowa 50703.
ORDINANCE NO. 5082
AN ORDINANCE VACATING A 12,618.9 SQUARE FOOT
PORTION OF 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 "C" of the Southwest Quarter (SW
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:
Commencing 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 known 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 end point of a curve along Parcel
"C" - SE 1/4 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" - SE 1/4,
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 S60003148"W 144.01
feet along said Southerly right of way line of
Westfield Avenue to the Northeasterly corner of Parcel
"D" - SE 1/4; 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" - SE 1/4, to
the point of beginning; thence N14°37'39"W 68.36 feet
across Westfield Avenue to the Southeasterly corner of
said Tract "G" of the TechWorks addition; thence
S59048'31"W 41.28 feet along the most Southerly line of
said Tract "G", to the most Westerly corner of said
Tract "G"; thence Southerly 69.92 feet along a 181.64
foot radius curve concave Westerly with a long chord
bearing S11033'57"E 69.94 feet, to the Northerly line
of Lot 4 TechWorks Addition; thence N59°48131"E 65.52
feet along said Northerly line, to the point of
beginning, containing 3,000.7 sq. ft. or 0.069 acres,
subject to city's retention of a permanent utility
easement over, under and upon the described area, and
subject to reservation of easements for ingress and
egress and easements for access to public and private
utilities facilities and infrastructure to operate,
inspect, maintain, repair, reconstruct, and remove same
in, upon, beneath, over and across the described area,
said easement being for the benefit of Lot 4 and Tract
"G" in TechWorks Addition;
Ordinance No. 5082
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: October 24, 2011
PASSED 1St CONSIDERATION: October 24, 2011
PASSED 2nd CONSIDERATION: October 24, 2011
PASSED 3rd CONSIDERATION: October 24, 2011
PASSED AND ADOPTED by the City Council of the City of
Waterloo, Iowa, on the 24th day of October, 2011, and approved by
the Mayor on the 24th day of October, 2011.
rnest G. Clark, Mayor
ATTEST:
uzy Sch es, 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. 5082, as passed and adopted by the Council of
the City of Waterloo, Iowa, on the 24th day of October, 2011.
Witness my hand and seal of office this 24th day of October,
2011.
SEAL zy Sc res, CMC
City Clerk
41
STATE OF IOWA,
Black Hawk County
I do solemnly swear that the annexed copy
1367301
ORDINANCE NO. 5082 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 11/03/2011, in the issues of
11/03/2011
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 $34.42
r --
Signed—
Subscribed and sworn to before me this
day of ,
oZ b) 1
�T m SUE ALANIZ
.� COMMISSION NO. 761976
a
MMMON ON EXPIRES
ar Public
Received of
the sum of Dollars
in full for publication of the above invoice.
Notary Seal:
ORDINANCE NO. 5082
AN ORDINANCE VACATING A 12,618.9
SQUARE FOOT PORTION OF
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 "C" of the Southwest
Quarter (SW 1/4), Section 23, Township
89 North (T89N), Range 13 West
(R13W), in the City of Waterloo, Black
Hawk County, State of Iowa, more par-
ticularly described as follows:
Commencing at the intersection of the
current Southerly right of way line of
West Commercial Street and the North-
erly right of way line of Westfield Avenue,
formerly known as Miles Street, said in-
tersection is the most Easterly comer of
Tract "G" of the TechWorks addition to
said City of Waterloo; thence S53'01'3 -
6"E 127.00 feet to the end point of a
curve along Parcel "C" - BE 1/4 as re-
corded in Document No. 2005 17652;
thence Southwesterly 24.24 feet along
23.75 foot radius curve concave South-
easterly with a long chord bearing
S78°04'00' W 23.20 feet along said Par-
cel "C" - SE 1/4, to a point on the South-
erly right ofway line of West Commercial
Street as originally platted; thence
N49°00'30"W 2.25 feet along said South-
erly right of way line to the intersection
with the Southerly line of Westfield Ave-
nue as platted; thence S60°03'48"W
144.01 feet along said Southerly right of
way line of Westfield Avenue to the
Northeasterly corner of Parcel "D" - BE
1/4; 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" - SE 1/4, to the
point of beginning; thence N14°37'39"W
68.36 feet across Westfield Avenue to
the Southeasterly corner of said Tract
"G" of the Tech Works addition; thence
S59'48,31 "W 41.28 feet along the most
Southerly line of said Tract "G", to the
most Westerly corner of said Tract "G";
thence Southerly 69.92 feet along a
181.64 foot radius curve concave West-
erly with along chord bearing SII°33'57"E
69.94 feet, to the Northerly line of Lot 4
TechWorksAddition; thence
N59°48'31 "E 65.52 feet along said
Northerly line, to the point of beginning,
containing 3,000.7 sq. ft. or 0.069 acres,
subject to city's retention of a permanent
utility easement over, under and upon
the described area, and subject to res-
ervation of easements for ingress and
egress and easements for access to
public and private utilities facilities and
infrastructure to operate, inspect, main-
tain, repair, reconstruct, and remove
same in, upon, beneath, over and across
the described area, said easement being
for the benefit of Lot 4 and Tract "G" in
Tech Works Addition;
shall be, and the same is hereby vacat-
ed, 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 "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: October 24, 2011
PASSED I st CONSIDERATION:
October 24, 2011 1
PASSED 2nd CONSIDERATION:
October 24, 2011
PASSED 3rd CONSIDERATION:
October 24, 2011
PASSED AND ADOPTED by the City
Council of the City of Waterloo, Iowa, on
the 24th day of October, 2011, and ap-
proved by the Mayor on the 24th day of
October, 2011.
Ernest G. Clark, Mayor
ATTEST:
Suzy Schares, CMC
City Clerk