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2008-253-4/7/2008
This Resolution prepared by Nancy Eckert, City Clerk, 715 Mulberry Street, Waterloo, Iowa. RESOLUTION NO. 2008-253 RESOLUTION FIXING THE TIME AND PLACE OF HEARING AND NOTICE TO BE GIVEN ON REQUEST OF ELK RUN ENERGY ASSOCIATES, LLC FOR VOLUNTARY ANNEXATION OF APPROXIMATELY 347 . 61 ACRES GENERALLY LOCATED ALONG MERLE ROAD, NORTH OF NEWELL STREET, 3,'4 MILE EAST OF NORTH ELK RUN ROAD AS APRIL 28, 2008 AT 5 : 30 P.M. IN CITY HALL COUNCIL CHAMBERS, WATERLOO, IOWA AND INSTRUCTING THE CITY CLERK TO PUBLISH THE NOTICE OF HEARING. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, AS FOLLOWS : Section 1 . That the Council of the City of Waterloo, Iowa shall meet at City Hall Council Chambers in the City of Waterloo, Iowa at 5 : 30 p.m. on the 28th day of April, 2008, for the purpose of considering and acting upon the request of Elk Run Energy Associates, LLC for voluntary annexation of approximately 347 . 61 acres generally located along Merle Road, north of Newell Street, h mile east of North Elk Run Road, and legally described as follows : A parcel of land situated in part of Section 14 and part of Section 15, Township 89 North, Range 12 West of the 5th Principal Meridian, including part of Newell Street right-of-way, Merle Road right-of-way, and part of the Union Pacific Railroad right-of-way, all in the County of Black Hawk, State of Iowa, more particularly described as follows : Commencing at the South 1-4- corner of said Section 14 ; thence South 89° (Degrees) 20' (Minutes) 35" (Seconds) West (assumed bearing for the purpose of this description) on the South line of the Southwest 1'4 of said Section 14 , a distance of 632 . 01 feet to the point of beginning; thence continuing South 89020135" West on said South line, 2, 022 . 91 feet to the Southwest corner of said Section 14; thence South 89°49' 51" West on the South line of the East ',� of the Southeast 1-,4 of said Section 15, a distance of 1, 323 . 41 feet to the Southwest corner of the East '-� of the Southeast 1�4 of said Section 15; thence North 00010147" East on the West line of the East '� of the Southeast 1�4 of said Section 15, a distance of 11293 . 96 feet to the present Southeast right-of-way line of the Union Pacific Railroad; thence South 5833' 57" West on said right-of- way line, 1, 041 . 44 feet; thence Southwest on said right-of-way line, being a 2, 914 . 93-foot radius curve concave Northwesterly and having a 561 . 08-foot long chord bearing South 64005' 17" West, 561 . 95 feet (arc length) ; thence South 69036' 39" West, on said right-of- way line, 1, 345. 55 feet to the West line of the Southeast 1�4 of the Southwest 1-4 of said Section 15; thence North 00015143" East on said West line, 106 . 87 feet to the present Northwest right-of-way line of the Union Pacific Railroad; thence North 69036139" East on said right-of-way line, 1, 307 . 86 feet; thence Northeast on said right-of-way line, being a 2, 814 . 93-foot radius curve concave Northwesterly and having a 174 . 78-foot Resolution 2008-253 Page 2 long chord bearing North 67°49' 55" East, 174 . 81 feet (arc length) ; thence North 23°56' 50" West on said right-of-way line, 50 . 00 feet; thence Northeast on said right-of-way line, being a 2 , 764 . 93-foot radius curve concave Northwesterly and having a 361 . 07-foot long chord bearing North 62°18' 33" East, 361. 33 feet (arc length) ; thence North 58°33157" East on said right-of- way line, 225 . 60 feet; thence South 31026' 09" East on said right-of-way line, 50 . 00 feet; thence North 58133' 57" East on said right-of-way line, 877 . 39 feet to the West line of the East '� of the Southeast 1--4 of said Section 15; thence North 00°10' 47" East on said West line, 1, 237 . 33 feet to the Northwest corner of the East ;,� of the Southeast 1�4 of said Section 15; thence North 89°44' 27" East on the North line of the East '-� of the Southeast 14 of said Section 15; a distance of 1, 321 . 17 feet to the West 1�4 corner of said Section 14 ; thence North 00111155" East on the West line of the South ',i of the Northwest 1,4 of said Section 14 , a distance of 1, 325 . 27 feet to the Northwest corner of the South '-� of the Northwest 1-4 of said Section 14 ; thence North 89°16' 57" East on the North line of the South '� of the Northwest � of said Section 14 , a distance of 2, 642 . 29 feet to the Northeast corner of the South ',� of the Northwest � of said Section 14 ; thence North 89017' 36" East on the North line of the Southwest `4 of the Northeast ;�4 of said Section 14 , a distance of 190 . 01 feet to the Northerly extension of the West line of a parcel of land described in the application for condemnation, recorded in Land Deed Book 543, Page 1, in the Black Hawk County Recorder' s Office; thence South 00°01' 39" East on said West line and its Northerly extension, 540 . 03 feet to the Southwest corner of said parcel of land; thence North 89°17' 36" East on the South line of said parcel of land and its Easterly extension, 1, 019 . 61 feet to a line that is 100 . 00 feet West of and parallel with the East line of the Southwest 1i of the Northeast 1--4 of said Section 14 ; thence South 00008113" East on said parallel line, 790 . 07 feet to the South line of the Southwest 1�4 of the Northeast 14 of said Section 14 ; thence South 89021' 17" West on said South line 1, 211 . 12 feet to the Northeast corner of the East 1-72 of the Southwest 1-4 of said Section 14; thence South 00001146" East on the East line of said East 1i of the Southwest of said Section 14, a distance of 2, 206. 84 feet to a line that is 100 . 00 feet North of and parallel with the North line of a parcel of land described in Warranty Deed, recorded in Land Deed Book 561, Page 63, in the Black Hawk County Recorder' s Office; thence South 89°20' 35" West on said parallel line, 632 . 01 feet to the Northerly extension of a line that is 100 . 00 feet West of and parallel with the West line of said parcel of land; thence South 00°01' 46" East on said parallel line and its Northerly extension, 443 . 00 feet to the point of beginning. Containing 15, 141, 897 square feet or 347 . 61 acres, all in the City of Waterloo, Black Hawk County, Iowa . Section 2 . That the City Clerk is hereby directed to publish notice of the time and place of said hearing in the Waterloo Courier. Resolution 2008-253 _ ( $jru % t� \ / \ \ % e \ / wzsss , XM %P\�D AND ADOPTED this 7^ day of April, 2008 . w < � < - c / « oswe c5oe a xw Rc & w < ec - e z w « wmre \ ^ %\ w ® \ Tim Hurley, may / \A S T \— \ /»E: tT § > gp5 « 20 cmc ©(�,,i F yC e C� w xt « < c « - o = « w mwk @ _ e m < N < tn w o « Pcz « � IoM = < w § \ / I'j . 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