HomeMy WebLinkAbout2007-332-5/7/2007 This Resolution prepared by Nancy Eckert, City Clerk, 715 Mulberry
Street, Waterloo, Iowa.
RESOLUTION NO. 2007-332
RESOLUTION ANNEXING REAL ESTATE TO THE CITY
OF WATERLOO, IOWA.
WHEREAS, the following property owners have made application
to have the hereafter described real estate annexed to the City of
Waterloo, Iowa.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
WATERLOO, IOWA, that the following described real estate, all of
which is located in the County of Black Hawk, State of Iowa, be
and the same is hereby added to and annexed and made a part of the
City of Waterloo, Black Hawk County, Iowa:
ELK RUN ENERGY ASSOCIATES, LLC
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, ALSO PART OF NEWELL STREET,
ALSO MERLE ROAD, AND ALSO 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 SOUTH 00°01' 46" EAST, 33 . 00 FEET
TO THE PRESENT SOUTH RIGHT-OF-WAY LINE OF NEWELL
STREET; THENCE SOUTH 89°20' 35" WEST ON SAID SOUTH
RIGHT-OF-WAY LINE, 2, 022 .48 FEET TO THE WEST LINE OF
THE NORTHWEST 1/4 OF SECTION 23, TOWNSHIP 89 NORTH,
RANGE 12 WEST OF THE 5TH PRINCIPAL MERIDIAN; THENCE
SOUTH 8949151" WEST ON THE PRESENT SOUTH RIGHT-OF-WAY
LINE OF NEWELL STREET, 1, 005 . 90 FEET; THENCE SOUTH
00034111" EAST ON SAID SOUTH RIGHT-OF-WAY LINE, 17 . 00
FEET; THENCE SOUTH 8949151" WEST ON SAID SOUTH RIGHT-
OF-WAY LINE, 900 . 02 FEET; THENCE NORTH 00034' 11" WEST
ON SAID SOUTH RIGHT-OF-WAY LINE, 17 . 00 FEET; THENCE
SOUTH 89049151" WEST ON SAID SOUTH RIGHT-OF-WAY LINE,
741. 02 FEET TO THE WEST LINE OF THE NORTHEAST 1/4 OF
SECTION 22, TOWNSHIP 89 NORTH, RANGE 12 WEST OF THE 5TH
PRINCIPAL MERIDIAN; THENCE NORTH 00°34' 11" WEST ON SAID
WEST LINE, 33 . 00 FEET TO THE SOUTH 1/4 CORNER OF SAID
SECTION 15; THENCE NORTH 0001314211 EAST ON THE WEST
LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 15, A
DISTANCE OF 33 . 00 FEET TO THE PRESENT NORTH RIGHT-OF-
WAY LINE OF NEWELL STREET; THENCE NORTH 89'49' 51" EAST
ON SAID NORTH RIGHT-OF-WAY LINE, 863 . 37 FEET; THENCE
NORTH 00010147" EAST ON SAID NORTH RIGHT-OF-WAY LINE,
17 . 00 FEET; THENCE NORTH 89049151" EAST ON SAID NORTH
RIGHT-OF-WAY LINE, 460 . 00 FEET TO THE WEST LINE OF THE
EAST 1/2 OF THE SOUTHEAST 1/4 OF SAID SECTION 15;
THENCE NORTH 00010147" EAST ON SAID WEST LINE, 2, 598 . 71
FEET TO THE NORTHWEST CORNER OF THE EAST 1/2 OF THE
SOUTHEAST 1/4 OF SAID SECTION 15; THENCE NORTH
89044127" EAST ON THE NORTH LINE OF THE EAST 1/2 OF THE
SOUTHEAST 1/4 OF SAID SECTION 15; A DISTANCE OF
1, 321 . 17 FEET TO THE WEST 1/4 CORNER OF SAID SECTION
14; THENCE NORTH 00011155" EAST ON THE WEST LINE OF THE
SOUTH 1/2 OF THE NORTHWEST 1/4 OF SAID SECTION 14 , A
Resolution 2007-332
Page 2
DISTANCE OF 1, 325 . 27 FEET TO THE NORTHWEST CORNER OF
THE SOUTH 1/2 OF THE NORTHWEST 1/4 OF SAID SECTION 14 ;
THENCE NORTH 89016157" EAST ON THE NORTH LINE OF THE
SOUTH 1/2 OF THE NORTHWEST 1/4 OF SAID SECTION 14, A
DISTANCE OF 2, 642 .29 FEET TO THE NORTHEAST CORNER OF
THE SOUTH 1/2 OF THE NORTHWEST 1/4 OF SAID SECTION 14 ;
THENCE NORTH 89017136" EAST ON THE NORTH LINE OF THE
SOUTHWEST 1/4 OF THE NORTHEAST 1/4 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
89017136" 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 1/4 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 1/4 OF SAID SECTION 14 ;
THENCE SOUTH 89021117" WEST ON SAID SOUTH LINE 1, 211 . 12
FEET TO THE NORTHEAST CORNER OF THE EAST 1/2 OF THE
SOUTHWEST 1/4 OF SAID SECTION 14; THENCE SOUTH
00001146" EAST ON THE EAST LINE OF SAID EAST 1/2, 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
00001146" EAST ON SAID PARALLEL LINE AND ITS NORTHERLY
EXTENSION, 443 . 00 FEET TO THE POINT OF BEGINNING.
CONTAINING 15, 038, 145 SQUARE FEET OR 345 . 23 ACRES.
BE IT FURTHER RESOLVED that a transition for the imposition
of city taxes is hereby authorized for property within the
annexed territory, which property shall be entitled to an
exemption for taxation according to the schedule set forth in
Iowa Code section 368 . 11 (3) (m) ; provided, however, that each
separate parcel of such property shall cease to qualify for said
exemption when record title to a parcel is acquired by Elk Run
Energy Associates, LLC, or its successors, assigns or affiliates.
BE IT FURTHER RESOLVED that the annexation application is
approved notwithstanding the fact that the annexation area
includes land without the consent of all of the owners because
such land is necessary to create more uniform boundaries for the
annexation area, to create the most direct and sensible route of
access for the extension of municipal services to the annexation
area as compared to other possible routes of access, and to
provide for the most orderly development of the annexation area.
BE IT FURTHER RESOLVED that the City Clerk is hereby
authorized and directed to file a certified copy of this
Resolution in the Office of the Recorder of Black Hawk County,
Iowa, and take other action as is necessary.
T.
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jesolution 2007-332
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>-� PASSED AND ADOPTED this 7th day of May, 2007 .
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Tim Hurley, Mayor
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ETancy\,&ck , CMC
'City Clerk
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CERTIFICATE
c I, Nancy Eckert, City Clerk of the City of Waterloo, Iowa, do
lereby certify that the preceding is a true and complete copy of
tlesolution No. 2007-332, as passed and adopted by the Council of
he City of Waterloo, Iowa, on the 7th
Y day of May, 2007 .
Q
Witness my hand and seal of office this 9th day of May, 2007 .
EAL Nancy Eck t, CMC
City Cler
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