HomeMy WebLinkAbout5565-07.13.2020 II III I II1 II1 II ill IUU I I I I 010 ft0 II0 IIU 0I UI1
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Recorded: 10/11/2022 at 10:37:54 AM
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Black Hawk County Iowa
SANDIE L. SMITH RECORDER
File2023-00005923
4'C;t Of' GOC404oO - PIculy nq -I. 2 on ire
Prepared by Christopher S. Wendland, P.O. Box 596, Waterloo, IA 50704. (319)234-5701
AFFIDAVIT
TO WHOM IT MAY CONCERN: STATE OF IOWA, BLACK HAWK COUNTY, ss:
The undersigned, being first duly sworn on oath, deposes and states as follows:
1. I am City Clerk of the City of Waterloo, Iowa. In that capacity, I am personally aware of
all facts and circumstances relating to adoption of Ordinance No. 5565.
2. Following public hearing on July 13, 2020, the City Council of the City of Waterloo
adopted Ordinance No. 5565, which vacated a portion of Bluff Street right of way
adjacent to property at 326 W. 17th Street, Waterloo.
3. The legal description set forth in said ordinance and related published notice contained
a scrivener's error. That portion of the legal description that was stated as "thence
parallel with and 15.0 feet Northeasterly of the centerline of the Iowa Northern Railway
Company railroad tracks" should instead have read as follows: "thence parallel with and
15.1 feet Northeasterly of the centerline of the Iowa Northern Railway Company railroad
tracks."
4. This affidavit is given to correct and clarify Ordinance No. 5565 which was recorded
September 29, 2020 as Doc. No. 2021-6739, and related documentation.
Dated ,e9 , 2022
Kelley Felchle
Subscribed and sworn to before me on -A` Z"t , 2022 by Kelley Felchle.
NANCY HIGBY Notary P lic
- COMMISSION NO.788229
• ' MY CIOMMISSION EXPIRES
°° '< 9 I
Prepared by LeAnn M. Even Deputy Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA
50703, (319) 291-4323.
ORDINANCE NO. 5565
AN ORDINANCE APPROVING A REQUEST
BY PERSONIFIED, INC., TO VACATE APPROXIMATELY
12,880 SQUARE FEET OF BLUFF STREET RIGHT-OF-WAY
LOCATED ADJACENT TO 326 WEST 17TH STREET.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA
AS FOLLOWS:
Section 1. That approximately 12,880 square feet of Bluff Street right-of-way located
adjacent to 326 West 17th Street, and legally described as follows:
PARCEL "F"
THAT PART OF THE SOUTHWEST QUARTER (SW 1/4) OF SECTION NO.
25, TOWNSHIP NO. 85 NORTH, RANGE NO. 13 WEST OF THE FIFTH
PRINCIPAL MERIDIAN, CITY OF WATERLOO, BLACK HAWK COUNTY,
IOWA, DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEASTERLY CORNER OF LOT 1 BLOCK 3
IN "HAYES' ADDITION" TO THE CITY OF WATERLOO IOWA, POINT
BEING A FOUND "P-K" NAIL IN A.C.C. PAVEMENT; THENCE ALONG THE
NORTHWESTERLY RIGHT-OF-WAY LINE OF WEST 17TH STREET SOUTH
40°331/4' WEST A DISTANCE OF 219.3 FEET TO THE MOST SOUTHERLY
CORNER OF PARCEL "A" RECORDED IN MISC. BOOK 289 PAGE 136
DATED 01/08/1996 IN THE OFFICE OF THE BLACK HAWK COUNTY
RECORDER, POINT BEING A FOUND CUT "X" IN P.C.C. PAVEMENT;
THENCE ALONG THE NORTHWESTERLY RIGHT-OF-WAY LINE OF WEST
17TH STREET SOUTH 40°591 ' WEST A DISTANCE OF 71.15 FEET TO THE
NORTHEASTERLY RIGHT-OF-WAY LINE OF BLUFF STREET, POINT
BEING A SET CUT "X" IN P.C.C. PAVEMENT ALSO BEING THE POINT OF
BEGINNING; THENCE CONTINUING ALONG THE EXTENSION OF SAID
NORTHWESTERLY RIGHT-OF-WAY LINE OF WEST 17TH STREET SOUTH
40°591/4' WEST A DISTANCE OF 35.35 FEET TO A SET 1/2" REBAR WITH
LICENSE #23212; THENCE PARALLEL WITH AND 15.0 FEET
NORTHEASTERLY OF THE CENTERLINE OF THE IOWA NORTHERN
RAILWAY COMPANY RAILROAD TRACKS NORTH 48°38' WEST A
DISTANCE OF 365.7 FEET TO THE MOST SOUTHERLY CORNER OF
PARCEL "A" RECORDED IN MISC. BOOK 317 PAGE 926 DATED 10/10/1995
IN THE OFFICE OF THE BLACK HAWK COUNTY RECORDER, POINT
BEING A SET 1/2 " REBAR WITH LICENSE #23212; THENCE ALONG THE
SOUTHEASTERLY LINE OF SAID PARCEL "A" NORTH 41° 191/4 EAST A
DISTANCE OF 35.1 FEET TO THE NORTHEASTERLY CORNER OF SAID
PARCEL "A", POINT BEING A FOUND %2" REBAR; THENCE ALONG SAID
NORTHEASTERLY RIGHT-OF-WAY LINE OF BLUFF STREET SOUTH 48°
401/2' EAST A DISTANCE OF 365.5 FEET TO THE POINT OF BEGINNING.
CONTAINING 12,880 SQ. FT. SUBJECT TO RESTRICTIONS, EASEMENTS,
COVENANTS, ORDINANCES, AND LIMITED ACCESS PROVISIONS OF
RECORD AND NOT OF RECORD.
NOTE: THE NORTHEASTERLY RIGHT-OF-WAY LINE OF SAID BLUFF
STREET IS ASSUMED TO BEAR SOUTH 48°401/2' EAST FOR THIS
DESCRIPTION.
Ordinance No. 5565
Page 2
shall be, and the same is hereby vacated.
INTRODUCED: July 13, 2020
PASSED 1st CONSIDERATION: July 13, 2020
WAIVED 2nd CONSIDERATION: July 13, 2020
WAIVED 3rd CONSIDERATION: July 13, 2020
PASSED AND ADOPTED this 13th day of July 2020.
ATTEST:
_OP.rit,N,N, 114, r-C.14044,
LeAnn M. Even, CMC, IaCMC
Deputy City Clerk
CERTIFICATE
Omer -tin Hari
Quentin Hart, Mayor
I, LeAnn M. Even, Deputy City Clerk of the City of Waterloo, Iowa, do hereby certify
that the preceding is a true and complete copy of Ordinance No. 5565 as passed and adopted by
the City Council of the City of Waterloo, Iowa, on the 13th day of July 2020.
Witness my hand and seal of office this 13th day of July 2020.
LeAnn M. Even, CMC, IaCMC
Deputy City Clerk
SEAL
*** Proof of Publication ***
i.
Courier Communications ORDINANCE NO 5565
AN ORDINANCE APPROVING A RE-
100 East 4th Street, Waterloo, Iowa 50703 QUEST BY PERSONIFIED, INC., TO
Black Hawk County VACATE FEETAPTROF BLUFFY
12,880EE
SQUARE OF TED JACENT
RIGHT-OF-WAY LOCATED ADJACENT
TO 326 WEST 17TH STREET.
BE IT ORDAINED BY THE CITY
COUNCIL OF THE CITY OF WATER.
LOO,IOWA AS FOLLOWS:
Section 1. Thal approximately 12,880
square feel of Bluff Street right-of-way
I do solemnly swear that the annexed copy of notice was published in locatedgg adjacent to 326 West 171h Street,
the WATERLOO/CEDAR FALLS COURIER, a daily newspaper and PARCEL"Fdescribed as follows:
printed in WATERLOO, Black Hawk County, Iowa, and that the THAT QUARTER PART
(SW 1/4)OF SECTION NO.
annexed rate of advertisingis the regular legal rate of said 25,TOWNSHIP NO.85 NORTH,RANGE
9 g NO. 13 WEST OF THE FIFTH PRINCI-
newspaper, and that the following is a correct bill for publishing said PALBLA MEKRIDDIA CO NOFTY WAWAI LDOO,
notice. SCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST-
ERLY CORNER OF LOT 1 BLOCK 3 IN
"HAYES'ADDITION"TO THE CITY OF
Waterloo, Cityof Legals WATERLOO IOWA, POINT BEING A
- 9 FOUND "P-K" NAIL IN A.C.C. PAVE-
MENT; THENCE ALONG THE NORTH-
WESTERLY RIGHT-OF-WAY LINE OF
WEST 17TH STREET SOUTH 40°33Y.'
715 MULBERRY ST. WEST A DISTANCE OF 219.3 FEET TO
THE MOST SOUTHERLY CORNER OF
PARCEL A" RECORDED IN MISC.
WATERLOO IA 50703 BOOK 289 PAGE 136 DATED 01/08
/1996 IN THE OFFICE OF THE BLACK
HAWK COUNTY RECORDER, POINT
BEING A FOUND CUT "X" IN P.C.C.
PAVEMENT; THENCE ALONG THE
RIGHT-OF-WAY
ORDER NUMBER 185404 LIINETOF WESTRLY 17TH STREET SOUTH
40°59W WEST A DISTANCE OF 71.15
FEET TO THE NORTHEASTERLY
\ RIGHT-OF-WAY LINE OF BLUFF
STREET,POINT BEING A SET CUT"X'
IN P.C.C.PAVEMENT ALSO BEINGGTHE
i1. ....--A----1 OF BEGINNING;THENCE l CON-
TINUING ALONG THE EXTENSION OF
SAID NORTHWESTERLY RIGHT-OF-
WAY LINE OF WEST 17TH STREET
Signed SOUTH 40°59y'WEST A DISTANCE OF
35.35 FEET TO A SET 1/2'REBAR WITH
LICENSE #23212; THENCE PARALLEL
WITH AND 150 FEET NORTHEASTER-
Subscribed a sworn to before me this day o , 20`1(Y LV OF THE CENTERLINE OF THE IOWA
NORTHERN RAILWAY COMPANY RAIL-
ROAD TRACKS NORTH 48°38'WEST A
DISTANCE OF 365.7 FEET TO THE
'C. rileirle/U-6,A4 MOST SOUTHERLY CORNER OF PAR-
•
CEL "A" RECORDED IN MISC. BOOK
317 PAGE 926 DATED 10/10/1995 IN
Notary Publi COUNTYFICE OF THE BLACK HAWK
RECORDER,POINT BEING A
SET 1/2 " REBAR WITH LICENSE
#23212;THENCE ALONG THE SOUTH-
Received of EASTERLY LINE OF SAID PARCEL"A"
NORTH 41'1914'EAST A DISTANCE OF
35.1 FEET TO THE NORTHEASTERLY
CORNER OF SAID PARCEL"A",POINT
the sum of Dollars in full BEING A FOUND'h'REBAR:THENCE
ALONG SAID NORTHEASTERLY
for publication of the above invoice. RIGHT-OF-WAY LINE OF BLUFF
STREET SOUTH 48° 401/2' EAST A
DISTANCE OF 365.5 FEET TO THE
. POINT OF BEGINNING.
Notary Seal: CONTAINING 12,880 SQ.FT.SUBJECT
'f,*c, 11 MCKINSTRY
TRY TO RESTRICTIONS, EASEMENTS,
♦1Jo®� E ry{�IV I V�1 pT,l COVENANTS,ORDINANCES,AND LIMI-
r COM S�NO.78241s TEDAND ACCESS PROVISIONS RECORD OF RE-
CORD AND NOT TH RECORD.
« y MY hifa IRES NOTE:THE NORTHEASTERLY RIGHT-
Section: Legals °es� OF-WAY LINE OF SAID BLUFF STREET
IS TO
Category: 950 Legal Notice EAST FOR TST FOR D THIS BEAR SOUTH 48`40 z'
S DESCRIPTIOH.
shall be.and the same is hereby vacated.
PASSED AND ADOPTED this 13th day of
PUBLISHED ON: 07/31/2020 July2020.
Quentin Han,Mayor
LeAnn M.Even,Deputy Dry Clerk
TOTAL AD COST: 44.77
FILED ON: 8/7/2020