HomeMy WebLinkAbout5170-08/26/2013 (RECORDED)Ap
i 1111111 111111 iii �iiii 11111 11111 11111 11111 11111 11111 11111 11111 11111 11111 ilii ilii
Doc ID: 005448460004 Type: GEN
Kind: ORDINANCE
Recorded: 04/21/2014 at 02:20:48 PM
Fee Amt: $22.00 Pape i of 4
Black Hawk County Iowa
JUDITH A MCCARTHY RECORDER
File2014-0001VV2V
Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo,
715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323.
ORDINANCE NO. 5170
AN ORDINANCE VACATING STREETS LOCATED IN THE
SHERWOOD PARK AREA INCLUDING PORTIONS OF
NORTH HACKETT ROAD, GREENWOOD AVENUE,
WOODSIDE DRIVE, CASTLEWOOD LANE, SANDALWOOD
STREET, GREENVIEW DRIVE, DELLWOOD COURT,
BLACKWOOD AVENUE, AND FORESTER AVENUE,
SUBJECT TO THE RETENTION OF UTILITY EASEMENTS
AND ACCESS EASEMENTS OVER PORTIONS OF THE
STREETS TO BE VACATED IN THE CITY OF
WATERLOO, BLACK HAWK COUNTY, IOWA.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WATERLOO,
IOWA, as follows:
Legal Description for Vacate of Streets in Sherwood
Park Area
Area 1 - That part of North Hackett Road as it
presently exists lying North of a Southeasterly
extension of the South line of Lot 59 of Auditor
Whitney Road Plat, subject to the retention of a
permanent utility easement over, under and upon the
above described Area 1;
And also;
Area 2 - The sixty six (66) foot wide road as it
presently exists lying south of and adjacent to Lots
15, 16, 17, 18 and 19 of Auditor Barnes Plat No. Four
(4), subject to the retention of a permanent utility
easement over, under and upon the above described Area
2;
And also;
Area 3 - Lot 19 of Auditor Barnes Plat No. Four
M
And also;
Area 4 - That part of relocated Greenwood Avenue
as it presently exists within Lots 46 thru 50 of
Sherwood Park lying Northwesterly of a line drawn
parallel with and fifty (50) feet Northwesterly of the
Southeasterly Lot line of Lot 50 of Sherwood Park and
lying Easterly of a line drawn between the
Southwesterly corner of Lot 46 of Sherwood Park and a
point on the Southerly Lot line of said Lot 46 that is
one hundred thirty one and six tenths (131.6) feet
Southeasterly of the Southwesterly corner of said Lot
46, and all roads as platted in Sherwood Park and
Burd's Subdivision in Sherwood Park, except that part
of Greenwood Avenue as platted in Sherwood Park and
Burd's Subdivision in Sherwood Park lying Southeasterly
of a line drawn between a point on the Northeasterly
Lot line of Lot 63 of Burd's Subdivision in Sherwood
Park that is located forty five and thirty seven
hundredths (45.37) feet Northwesterly from a point on
the Southeasterly Lot line of said Lot 63 that is
located one hundred and thirty two (132) feet
Northeasterly of the most Southerly corner of said Lot
Ordinance No. 5170
Page 2
63 and a point on the Southwesterly Lot line of Lot 51
of Sherwood Park that is located at the Southwest
corner of the Southeasterly eighty and three tenths
(80.30) feet of said Lot 51and lying Northwesterly of a
Northeasterly extension of the Southeasterly Lot Line
of Lot 49 of Burd's Subdivision in Sherwood Park, and
except that part of Forester Avenue as platted in
Sherwood Park and Burd's Subdivision in Sherwood Park
lying Southerly of a line drawn between a point on the
East line of Lot 6 of Sherwood Park that is seventy
seven and five tenths (77.5) feet North of the
Southeast corner of said Lot 6 and the Northwest corner
of Lot 2 of California Subdivision, subject to the
retention of a permanent utility easement over, under
and upon the following areas: that part of the above
described Area 4 platted as Greenwood Avenue; that part
of the above described Area 4 platted as Forester
Avenue; that part of the above described Area 4 platted
as Woodside Drive lying Northwesterly of a
Northeasterly extension of the Southeasterly Lot line
of Lot 17 of Sherwood Park; that part of the above
described Area 4 platted as Woodside Drive lying
Northeasterly of the Southeasterly extension of the
Northeasterly Lot line of Lot 2 of Burd's Subdivision
in Sherwood Park; and that part of the above described
Area 4 platted as Oaklawn Avenue (now known as
Blackwood Avenue) in Burd's Subdivision in Sherwood
Park lying Southeasterly of the Southwesterly extension
of the Northwesterly Lot line of Lot 26 of Burd's
Subdivision in Sherwood Park; and subject to the
reservation of an easement for ingress and egress over
the above described relocated Greenwood Avenue for the
benefit of the Iowa Department of Transportation;
And also;
Area 5 - That part of relocated Greenview Drive as
it presently exists within Lots 40 and 47 of Sherwood
Park lying Southeasterly of relocated Greenwood Avenue
as it presently exists;
And also;
Area 6 - That part of Greenwood Avenue as it
presently exists within that part of Lot 33 of Burd's
Subdivision in Sherwood Park described as: Beginning at
a point on the Northeasterly Lot line of said Lot 33
that is seventy one (71) feet Southeasterly from the
Northerly corner of said Lot 33; thence Southerly to a
point on the Southeasterly line of said Lot 33 that is
fifty (50) feet Northeasterly from the Southerly corner
of said Lot 33; thence Northeasterly and Northwesterly
along the Lot lines of said Lot 33 to the point of
beginning.
Each of the foregoing areas shall be, and the same hereby are,
vacated, subject to reservation of easements for ingress and
egress upon, over, across, and through each of the following
described areas, for the benefit of the owners of the lots
identified below. All streets or portions thereof herein vacated
that are subject to reservation of easement for ingress and
egress shall be considered private streets and shall retain their
current name.
Ordinance No. 5170
Page 3
That part of North Hackett Road as it presently
exists lying North of a Southeasterly extension of the
South line of Lot 59 of Auditor Whitney Road Plat, said
easement being for the benefit of the following
described properties: (1) Lots 1 thru 9 of Hanna's
Subdivision, and (2) Unplatted Waterloo West, the
Northeasterly 16 acres North of the former CRI&P RR in
the Southwest -�,4 of the Northeast k4 of Section 17,
Township 89 North, Range 13 West;
And also;
That part of North Hackett Road as it presently
exists lying North of a Southeasterly extension of the
South line of Lot 59 of Auditor Whitney Road Plat and
lying South of a Westerly extension of the Southerly
lot line of Lot 15 of Auditor Barnes Plat No. Four (4);
The sixty six (66) foot wide road as it presently
exists lying south of Lots 15, 16, 17, 18 and 19 of
Auditor Barnes Plat No. Four (4);
That part of Greenwood Avenue as platted in Sherwood
Park lying Easterly of a Northerly extension of the
West Lot line of Lot 19 of Sherwood Park and lying
Westerly of a line drawn between the Northwesterly
corner of Lot 41 of Sherwood Park and a point on the
Southerly Lot line of Lot 6 of Auditor Barnes Plat No.
Five (5) that is twenty nine and nine tenths (29.9)
feet Southeasterly of the Southwesterly corner of said
Lot 6;
And that part of Woodside Drive as platted in Sherwood
Park lying Northwesterly of a Northeasterly extension
of the Southeasterly Lot line of Lot 17 of Sherwood
Park;
Said easement being for the benefit of the following
described properties: (1) Lot 54 of Auditor Whitney
Road Plat, ( 2 ) Lot 17 of Sherwood Park, and ( 3 ) Lots 4
and 5 of Auditor Barnes Plat No. Five (5);
And also;
That part of Greenwood Avenue as platted in
Sherwood Park and Burd's Subdivision in Sherwood Park
lying Southeasterly of a Northeasterly extension of the
Southeasterly Lot Line of Lot 49 of Burd's Subdivision
in Sherwood Park;
That part of Forester Avenue as platted in Sherwood
Park lying Northwesterly of a Northeasterly extension
of the Southeasterly Lot line of Lot 7 of Sherwood
Park;
And that part of Walnut Court as platted (now known as
Dellwood Court) in Burd's Subdivision in Sherwood Park
lying Northeasterly of a line drawn between the most
Southerly corner of Lot 17 of Burd's Subdivision in
Sherwood Park and the most Westerly corner of Lot 19 of
Burd's Subdivision in Sherwood Park;
Said easement being for the benefit of the following
described properties: (1) Lots 19, 20, and 41 of Burd's
Subdivision in Sherwood Park, and (2) Lot 60 of
Sherwood Park.
The above described vacate shall vacate any interest of the City
of Waterloo as a public road but shall not affect ownership or
easement interests of the City of Waterloo or designation and use
of any of the above described area as a multi -use recreational
trail, and shall not vacate any ownership interest or public
road/highway/easement interest of the State of Iowa or any other
political subdivision.
Ordinance No. 5170
Page 4
INTRODUCED:
August
26,
2013
PASSED 1St CONSIDERATION:
August
26,
2013
PASSED 2nd CONSIDERATION:
August
26,
2013
PASSED 3rd CONSIDERATION:
August
26,
2013
PASSED AND ADOPTED by the City Council of the City of
Waterloo, Iowa, on the 26th day of August, 2013, and approved by
the Mayor on the 26th day of August, 013.
Ernest G. Clark, Mayor
ATTEST:
Suzy Schres, CMC
City Cle k
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. 5170, as passed and adopted by the Council of
the City of Waterloo, Iowa, on the 26th day of August, 2013.
Witness my hand and seal
of office this 26th day of August,
Suzy Schare C
City Clerk
STATE OF IOWA,
Black Hawk County
I do solemnly swear that the annexed copy of
1426258
ORDINANCE NO. 5170
notice was published in the WATERLOO/CEDAR FALLS COURIER -,
a daily newspaper printed in WATERLOO,
Black Hawk County, Iowa, for 1 issues
commencing on 12/18/2013, in the issues of
12/18/2013
ORDINANCE N0.5170
of Said newspaper, and that the annexed rate of AN ORDINANCE VACATING STREETS
LOCATED IN THE SHERWOOD PARK
advertising is the regular legal rate of said AREA INCLUDING PORTIONS OF
NORTH HACKETT ROAD, GREENWOOD 7+
newspaper, and that the following is a correct AVENUE, WOODSIDE DRIVE, CASTLE
WOOD LANE, SANDALWOOD STREET,9
bill for publishing said notice. GREENVIEW DRIVE, DELLWOOD
COURT, BLACKWOOD AVENUE, AND
1=nC2=Q=C At/ .l 1. .11. 1-1 — •rue
Printer's Bill $112.41
�L9_V__rW
S
Subscribed and sworn to before me this
Z_5
Jif -a
Notary
day of
�I.a`A` *0 TANYA L aE 3
x
COMMISSION NO.781068
` NAY COMMISSION EXPIRES
' o r NOVEMBER 1 2016
Received of
is
the sum of Dollars
in full for publication of the above invoice.
Notary Seal:
RETENTION OF UTILITY EASEMENTS
AND ACCESS EASEMENTS OVER POR 6 9 `U01 daj 1no411M
TIONS OF THE STREETS TO 8E VIM.
g 46nOj41 l sj2 q
ED IN THE CITY OF WATERLOO, BLACK wnu
HAWK COUNTY, IOWA. �' G41 UI$1UO0 lsnw se
BE IT ORDAINED BY THE CITY COUNCIL -xoq E-Aq-e }o les put
OF THE CITY OF WATERLOO, IOWA, as 8 6 Uwnl00 `MOj 40133
folloLegal Description for Vacate of Streets in Z _ :AVId Ol. MOH
Sherwood Park Area
Area 1 - That part of North Hackett Road
as it presently exists lying North of a V 6`
Southeasterly extension of the South li
of Lot 59 of Auditor Whitney Road Plat3Nd
subject to the retention of a permanerr
utility easement over, under and upon the
above described Area 1
Md also;'
Jr uoeo £L 8! Z1
Area 2 - The sixty sic (66) foot wide roa
as it presently exists lyying south of anc
i adjacent to Lots:16, 16, 17, 18 and 19 077 y
Auditor Barnes Plat No. Four (4), sut>C+ �/
jest to the retention of a pamtianent util
ity easement over, under and upon th
above described Area 2;
And also;
Area 3 - Lot 19+pf Auditor Barnes Plat N
Four (4).
And also;
Area 4 - That part of reloeated Greer
wood Avenue as it presently exists with
Lots 46 thru 50 of Sherwood Park lyin
Northwesterly- of a line drawn parall
with and fifty (50) feet Northwesterly r
the Southeasterly Lot line of Lot 50 i
Sherwood Pant`lying Easterly of t
line drawn between the Southwestero f
corner of Lot 46 of Sherwood Park arrow G k
a point on the Southerly Lot line of s B
Lot 46 that is one hundred thirty or
and six tenths (131.6) feet Southeaster f
of the Southwesterly, corner of said L �J )
46, and all loads as plaited in Sherw n
Park and Burd's Subdivision in Sherwoc }_
Park, except that part of Greenwood A /
anus as platted in Sherwood Park ac L a
Burd's Subdiviaion.In Sherwood P
lying Southeasterly of a line drawn h
• tween a point on the Northeasterly IQ z7 f
line of Lot 63 of Burd's Subdivisly.19
I Sherwood Park that is located forty
I and thirty seven hundredths (45.3fl
r Northwesterly from a point on the Sou
feasterly Lot line of said Lot 63 that L to
located one hundred and thirty two (1' n,
feet Northeasterly of the most 3outhe•,(1jn3ly(-
comer of said Lot 63 and a point on t
Southwesterly Lot line of Lot 51 of Sh
wood Park that h located at the S
I
west corner of the Southeasterly I
f and three tenths (80.30) feet ofsald
1 51and lying Northwesterly of a Nor
easterly extension of the Southeast
lot Line of Lot 49 of Burd's Subdivisq(3
=nss
i
in Sherwood Park, and except that part Council of the City of Waterloo, Iowa, on
I of Forester Avenue as platted in Sher- the 26th day of August, 2013, and ap-
wood Park and Burd's Subdivision in proved by the Mayor on the 26th day of
Sherwood Park lying Southerly of a line August, 2013.
drawn between a point on the East line Ernest G. Clark, Mayor
of Lot 6 of Sherwood Park that is seventy ATTEST.
seven and five tenths (77.5) feet North of Suzy Schares, CMC
the Southeast corner of said Lot 6 and City Clerk