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Home My WebLink About5146-01/07/2013� rM IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII�IIIIIIIIIIIIIIIIII Doc ID: 005290090002 Type: GEN Kind: ORDINANCE Recorded: 09/25/2013 at 11:48:13 AM Fee Amt: $12.00 Page i of 2 Black Hawk County Iowa JUDITH A MCCARTHY RECORDER File2014-00006813 Prepared by Carol Failor, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703 (319) 291-4323. ORDINANCE NO. 5146 AN ORDINANCE VACATING A PORTION OF SAN MARNAN DRIVE GENERALLY LOCATED BETWEEN GALACTIC DRIVE AND WEST 4TH STREET, WEST OF ANSBOROUGH AVENUE 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 parcel of land located in the Southwest Quarter and the Southeast Quarter of Section 5, Township 88 North, Range 13 West of the 5th Principal Meridian; and in the Northwest Quarter and the Northeast Quarter of Section 8, Township 88 North, Range 13 West of the 5th Principal Meridian; all in Black Hawk County, Iowa, more particularly described as follows: Commencing at the Southwest corner of the Southwest Quarter of said Section 5; thence N 89049'35" E 606.20 feet along the South line of said Southwest Quarter and the North right-of-way line of W. San Marnan Drive; thence N 87°38'39" E 894.24 feet along said North right-of-way line to the point of beginning; thence continuing along said right-of-way line N87°38139" E 1153.71 feet to a point on the East line of said Southwest Quarter; thence N 87027'11" E 1446.30 feet along said North right-of-way line; thence S 02°32149" E 145.00 feet to a point 75 feet normally distant North of the South right of way line of W. San Marnan Drive; thence S 87°27'11" W 506.66 feet along a line 75 feet North of and parallel with said South right-of-way line; thence S 88°40'09" W 942.73 feet along a line 75 feet North of and parallel with said South right-of-way line to a point on the West line of said Northeast Quarter of Section 8; thence S 87°38'39" W 1150.83 feet along a line 75 feet North of and parallel with said South right-of-way line; thence N 02°3249" W 125.00 feet to the point of beginning; containing 7.910 acres, more or less, all in the City of Waterloo, Black Hawk County, Iowa; shall be, and the same is hereby vacated, subject to the following conditions: 1. That the new roadway is built within 90 days of conveyance of the portion to be vacated, to ensure that traffic is not altered for an extended period of time. 2. That the new road to be built is dedicated for the relocation of West San Marnan Drive, and is built in accordance with all applicable codes and ordinances, and is acceptable to the City Engineer for roadway design, drainage, and other applicable regulations. (I a -Cc) 0� Ordinance No. 5146 Page 2 INTRODUCED: PASSED 1st CONSIDERATION: PASSED 2nd CONSIDERATION: PASSED 3rd CONSIDERATION: PASSED AND ADOPTED Waterloo, Iowa, on the 7th the Mayor on the 7th day of ATTEST: July 11, 2011 July 11, 2011 December 19, 2011 January 7, 2013 by the City Council of the City of day of January, 2013, and approved by January, 2013. Ernest G. Clark, Mayor Suzy Scharies, CMC City Clerkt 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. 5146, as passed and adopted by the Council of the City of Waterloo, Iowa, on the 7th day of January, 2013. 2013. Witness my hand and seal of office this 7th day of January, -Suzy Schres, CMC City Cle k STATE OF IOWA, Black Hawk County I do solemnly swear that the annexed copy 1405998 ORDINANCE NO. 5146 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 03/06/2013, in the issues of 03/06/2013 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 $29.49 Siciiied Subscribed and -- !-'--- day of Publ Received o sworn to before me this the sum of Dollars in full for publication of the above invoice. Notary Seal: ORDINANCE NO. 5146 AN ORDINANCE VACATING A POR- TION OF SAN MARNAN DRIVE GEN- ERALLY LOCATED BETWEEN GA- LACTIC DRIVE AN D W EST 4TH STREET, WEST OFANSBOROUGH AVENUE IN THE CITY OF WATER- LOO, BLACK HAWK COUNTY, IOWA. BE IT ORDAINED BY THE CITY COUN- CIL OF THE CITY OF WATERLOO, 10 - WA, as follows: A parcel of land located in the Southwest Quarter and the Southeast Quarter of Section 5, Township 88 North, Range 13 West ofthe 5th Principal Meridian; and in the Northwest Quarter and the Northeast Quarter of Section 8, Township 88 North, Range 13 West of the 5th Principal Me- ridian; all in Black Hawk County, Iowa, more particularly described as follows: Commencing at the Southwest corner of the Southwest Quarter of said Section 5; thence N 89°49'35" E 606.20 feet along the South line of said Southwest Quarter and the North right-of-way line of W. San Marnan Drive; thence N 87°38'39" E, 654.24 feet along said North right-of-way line to the point of beginning; thence continuing along said right-of-way line N87°38'39" E 1393.71 feet to a point on the East line of said Southwest Quarter; thence N 87'27'11"E 1586.30 feet along said North right-of-way line; thence S 02°32'49" E 120.97 feet; thence Wester- ly 172.90 feet along a non-tanget 510.00 -foot radius curve, concave North- erly, (said curve having a 172.08 foot chord bearing S 77°44'26" W) to a point 70 feet normally distant North of the South right-of-way line of W. San Mar- nan Drive; thence S 87°27'11" W 477.10 feet along a line 70 feet North of and par- allel with said South right-of-way line; thence S 88°40'09" W 942.74 feet along a line 70 feet North of and parallel with said Southright-of-way line to a point on the West line of said Northeast Quarter of Section 8; thence S 87°38'39" W 1270.78 feet along a line 70 feet North of and parallel with said South right-of-way line; thence Westerly 121.32 feet along a 480.00 ra- dius curve, concave Northerly (said curve having a chord of 121.00 feet and bearing N 85'06'54" W); thence N 02°32'49" W 114.75 feet to the point of beginning; containing 9.356 acres; shall be, and the same Is hereby vacat- ad, subject to the following conditions: 1.That the new roadway is built within 90 days of conveyance of the portion to be vacated, to ensure that traffic is not al- tered for an extended period of time. 2.That the new road to be built is dedi- cated for the relocation of West San Marnan Drive,' and is built in accordance with all applicable codes andordinanc- es, and is acceptable to the City Engi- neer for roadway design, drainage, and other applicable regulations. INTRODUCED: July 11, 2011 PASSED 1st CONSIDERATION: July 11, 2011 PASSED 2nd CONSIDERATION: December 19, 2011 PASSED 3rd CONSIDERATION: January 7, 2013 PASSED AND ADOPTED by the City Council of the City of Waterloo, Iowa, on the 7th day of January, 2013, and ap- proved by the Mayor on the 7th day of January, 2013. Ernest G. Clark, Mayor ATTEST: Suzy Schares, CMC City Clerk _