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HomeMy WebLinkAbout5094-02/20/2012 (RECORDED)l 11111111111111111111111111111111111111111111111> I I I I I I I I I I I I 1111111111111111111 Doc ID: 004896720002 Type: GEN Kind: ORDINANCE Recorded: 08/31/2012 at 08:41:41 AM Fee Amt: $12.00 Pape i of 2 Black Hawk County Iowa JUDITH A MCCARTHY RECORDER File2013-00004413 Prepared by Carol Failor, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703. ORDINANCE NO. 5094 AN ORDINANCE VACATING PORTIONS OF ALMOND STREET AND WALNUT 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 portion of the right of way of Walnut Street, lying between Almond Street and Clay Street, in Cooley's Addition, City of Waterloo, Black Hawk County, Iowa, and more particularly described as follows: Beginning at the most southerly corner of Block Seventy (70) in Said Cooley's Addition; Thence South 0051101" East, 93.82 feet to the Southwesterly right of way line of Walnut Street; Thence North 49006106" West on said right of way line, 447.66 feet to the beginning of a 289.14 foot radius curve concave Southeasterly and having a long chord of 9.54 feet bearing North 39008155" East; Thence Northeasterly on the arc of said curve, 9.54 feet to the South right of way line of Almond Street; Thence South 89041145" East on said right of way line, 92.93 feet to the Northeasterly right of way line of Walnut Street; Thence South 49006106" East on said right of way line, 314.92 feet to the point of beginning. Described parcel contains 0.62 acres; And; A portion of the right of way of Almond Street, in Cooley's Addition, City of Waterloo, Black Hawk County, Iowa, and more particularly described as follows: Beginning at the point of intersection of the South right of way line of Almond Street with the Northeasterly right of way line of Walnut Street, said point being North 89°41'45" West, 236.86 feet from the Northeast corner of Block 70 in said Addition, and said point also being the point of beginning; Thence continuing North 89041'45" West on said South right of way line, 91.06 feet to the East right of way line of Mullan Avenue and the beginning of a 289.14 -foot radius curve concave Southeasterly and having a long chord of 23.46 feet bearing North 42025'07" East; Thence Northeasterly on the arc of said curve, 23.46 feet to the beginning of a 10.00 -foot radius curve concave Southerly and having a long chord of 11.54 feet bearing North 79°59'50 East; Thence Easterly on the arc of said curve, 12.31 feet; Thence South 64044156" East, 24.04 feet to the beginning of a 100.00 -foot radius curve concave Northerly and having a long chord of 43.20 feet bearing South 77013121" East; Thence Easterly on the arc of said curve, 43.54 feet to the point of beginning. Described parcel contains 0.02 acres (807 sq. ft.). shall be, and the same is hereby vacated, subject to the following conditions: /a .66 Z,. 12 Ordinance No. 5094 Page 2 1. That sidewalk stubs be added to connect the sidewalk on the west side of Clay Street to the sidewalk on the southwest side of Walnut Street, and connect sidewalk from East Mullan Avenue to the sidewalk on the south side of Almond Street across where the cul-de-sac is currently on Walnut Street. 2. That the sanitary sewer line within the vacate area will become privately owned and maintained by the applicant or their successors. 3. That the storm water sewer that runs southeasterly towards the intersection of Walnut Street and Clay Street is tied in with the manhole closest to the vacate area, and that the storm sewer line becomes privately owned and maintained by the applicant or their successors. 4. That the water line within the portion of Walnut Street requested to be vacated is abandoned, and the applicant constructs a new water line to the north along the south side of Almond Street. 5. That the area at the extreme northwest portion of the right-of-way in question is not vacated and remains as right-of-way, and that the applicant dedicate a small triangular portion of right-of-way to the City, directly to the south of the portion of right-of-way the City wishes to retain. INTRODUCED: February 20, 2012 PASSED lst CONSIDERATION: February 20, 2012 PASSED 2nd CONSIDERATION: February 20, 2012 PASSED 3rd CONSIDERATION: February 20, 2012 PASSED AND ADOPTED by the City Council of the City of Waterloo, Iowa, on the 20th day of February, 2012, and approved by the Mayor on the 20th day of February, 2012. ATTEST: Suzy Sc ares, CMC City Cl rk 2f�Z_0�' Ernest G. Clark, ayor 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. 5094, as passed and adopted by the Council of the City of Waterloo, Iowa, on the 20th day of February, 2012. Witness my hand and seal of office this 20th day of February, 2012. SEAL Suzy Schaes, nc City Cler STATE OI' IOWA, Black Hawk County I do solemnly :wear that the annexed copy of 1378857 ORDINANCE NO. 5094 AN ORDINANCE VAC notice was published in the WATERLOO/CEDAR FALLS COURIER -, a daily newspaper printed in WATERLOO, Black Hawk County, Iowa, for 1 issues commencing on 03/29/2012, in the issues of 03/29/2012 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 $28.32 S icrned Subscribed and sworn to before me this day c _` _���'r� � X01 a-- 4 Public Received of the sum of Dollars in full for publication of the above invoice. Notary Seal: ORDINANCE NO. 5094 AN ORDINANCE VACATING POR- TIONS OF ALMOND STREET AND WALNUT STREET, IN THE CITY OF WATERLOO; BLACK HAWK COUNTY, IOWA, BE IT ORDAINED BY THE CITY COUN- CIL OF THE CITY OF WATERLOO, IO- WA, as follows: A portion of the right of way of Walnut Street, lying between Almond Street and Clay Street, In Cooley's Addillon, City of Waterloo, Black Hawk County, Iowa, and more particularly described as follows: Beginning at the most southerly corner of Block Seventy (70) in Said Cooley's Addition; Thence South 0'51'01" East, 93.82 feet to the Southwesterly right of way line of Walnut Street; Thence North 49°06'06" Weston said right of way line, 447.66 feet to the be- ginning of a 289.14 foot radius curve concaveSoutheasterly and having a long chord of 9.54 feet bearing North 39'08'55" East, Thence Northeasterly on the arc of said curve, 9.54 feet to the South right of way line of Almond Street; Thence South 89°41'45" Easton said right of way line, 92'93 feet to the North- easterly right of way line of Walnut Street; Thence South 49'06'06" East on said right of way line, 314.92 feet to the point of beginning. Described parcel contains 0.62 acres; shall be, and the same is hereby vacat- ed, subject to the following conditions: 1.That sidewalk stubs be added to con- nect the sidewalk on the west side of Clay Street to the 'sidewalk on the south- west side of Walnut Street, and connect sidewalk from East Mullan Avenue to the sidewalk on the south side of Almond Street across where the cul-de-sac is currently on Walnut Street. 2.That the sanitary sewer line within the vacate area will become privately owned and maintained by the applicant or their successors. 3.That the storm water sewer that runs southeasterly towards the intersection of Walnut Street and Clay Street is tied in with the manhole closest to the vacate area, and that the storm sewer line be- comes privately, owned and maintained by the applicant or their successors. 4.That the water tine within the portion of Walnut Street requested to be vacated is abandoned, and the applicant constructs a new water line to the north along the south side of Almond Street. 5 -That the area at the extreme northwest portion of the„(Qh"f-way in question Is notvacatedahr4malrlbasright-of-way, and that the s tit dedicate a small triangular portion of right-of-way to the City, directly tolba soutth ofthe portion of right-of-way the"City wishes to retain. INTRODUCED:F"ary 20,2012 PASSED 1st C014SIDERATION: Petiruary 20, 2012 PASSED 2nd CONSIDERATION: February 20, 2012 PASSED 3rd CONSIDERATION: February 20, 2012 PASSED AND ADOPTED by the City Council of the City of Waterloo, Iowa, on the 20th day of February, 2012, and ap- proved by the Mayor on the 20th day of February, 2012. Ernest G. Clark, Mayor ATTEST: SuzySchares, CMC City Clerk STATE OF IOWA, Black hawk Cotuity I do solemnly swear that the annexed copy of 1378857 ORDINANCE NO. 5094 AN ORDINANCE VAC notice was published in the WATERLOO/CEDAR FALLS COURIER -, a daily newspaper printed in WATERLOO, Black Hawk County, Iowa, for 1 issues commencing on 03/29/2012, in the issues of 03/29/2012 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 $28.32 Subscribed and sworn to before me this day c 1 �— ary Public Received of the sum of Dollars in full for publication of the above invoice. Notary Seal: ORDINANCE NO. 5094 AN ORDINANCE VACATING POR- TIONS Of ALMOND STREET AND WALNUT 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, 0=WA, as follows: A portion of the right of way of Walnut Street, lying between Almond Street and Clay Street, in Cooley's Addition, City of Waterloo, Black Hawk County, Iowa, and more particularly described as follows: Beginning, at the most southerly corner of Block Seventy (70) in Said Cooley's Addition; Thence South,0°51'01" East, 93.82 feet to the Southwesterly right of way line of Walnut Street,, Thence North 49'06'06* West on said right of way line, 447.66 feet to the be- ginning of a 289.14 foot radius curve concave Southeasterly and having a long chord of 9.54 feet bearing North 39'08'55 East; Thence Northeasterly on the arc of said curve, 9.54 feet to the South right of way line of Almond Street; Thence South 89°41'45" East on said right of way line, 92.93 feet to the North- easterly right of way line of Walnut Street; Thence South 49'06'06" East on said right of way line; 314.92 feet to the,poiht of beginning. Described parcel contains 0.62 acres; shall be, and the same is hereby vacat- ed, subject to the following conditions: 1.That sidewalk stubs be added to con- nect the sidewalk on the west side of Clay Street to the sidewalk on the south- west side of Walnut Street, and connect sidewalk from East Mullan Avenue to the sidewalk on the south side of Almond Street across where the cul-de-sac is currently on Walnut Street: 2.That the sanitary sewer line within the vacate area will become privately owned and maintained by the applicant or their successors. 3.That the storm water sewer that runs southeasterly towards the intersection of Walnut Street and Clay Street is tied in with the manhole closest to the vacate area, and that the storm sewer line be- comes, privately owned and maintained by the applicant or their successors; 4.That the water line within the portion of Walnut Street requested to be vacated is abandoned, and the applicant constructs a new water line to the north along the south side of Almond Street. 5.That the area atthe extreme northwest po qn of the right-of-way in question is j ^ ane -man m®appecam: aeaicate a small triangular portion of right-of-way to the rlgh[-o(ayyytheCittyywishesouth the to retain.portion of iNTRODUD 'WFebruary 20, 2012 PASSED 1st CONSIDERATION: February 20, 2012 PASSED 2nd CONSIDERATION: February 20, 2012 PASSED 3rd CONSIDERATION: February 20, 2012 PASSED AND ADOPTED by the City Council of the City of Waterloo, Iowa, on the 20th�day of February, 2012, and ap- proved by the Mayor on the 20th day of February, 2012. Ernest G. Clark, Mayor ATTEST: Suzy Schares, CMC City Clerk