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HomeMy WebLinkAbout5565-07.13.2020 (RECORDED) II III I II1 II1 II ill IUU I I I I 010 ft0 II0 IIU 0I UI1 Doc ID: 011846520001 Type: GEN Recorded: 10/11/2022 at 10:37:54 AM Fee Amt: $7.00 Page 1 of 1 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 1111111111111111131111111111111111 4/ Doc ID: 009957110003 Type: GEN Recorded: / Page 1 of 3 /2020 at 12:28:29 PM Fee Amt: $17.00 Black Hawk County Iowa SANDIE L. SMITH RECORDER File2021-00006739 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°591/4' 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°59' ' WEST A DISTANCE OF 35.35 FEET TO A SET 'A" 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° 19'/d EAST A DISTANCE OF 35.1 FEET TO THE NORTHEASTERLY CORNER OF SAID PARCEL "A", POINT BEING A FOUND 'A" REBAR; THENCE ALONG SAID NORTHEASTERLY RIGHT-OF-WAY LINE OF BLUFF STREET SOUTH 48° 40''A 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°40'/2' EAST FOR THIS DESCRIPTION. (J7) 3 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 3`d CONSIDERATION: July 13,2020 PASSED AND ADOPTED this 13th day of July 2020. ©Mentirt Hart Sys` Quentin Hart, Mayor ATTEST: LeAnn M. Even, CMC, IaCMC Deputy City Clerk CERTIFICATE 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. .Y674,f2uv// 'V rc:ven, LeAnn M. Even, CMC, IaCMC Deputy City Clerk SEAL • X ' o': .,low *** Proof of Publication *** ORDINANCE NO.5565 Courier Communications AN ORDINANCE APPROVING A RE- 100 East 4th Street, Waterloo, Iowa 50703 QUEST BY PERSONIFIED, INC., TO VACATE APPROXIMATELY 12,880 Black Hawk County SQUARE FEET OF F STREET RIGHT-OF-WAY LOCATED FADJACENT TO 326 WEST 17TH STREET. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WATER- LOO,IOWA AS FOLLOWS: Section 1. That approximately 12,880 uare feet of BluflI do solemnly swear that the annexed copy of notice was published in located adjacent to 326(West 17th St eet the WATERLOO/CEDAR FALLS COURIER, a daily newspaper and P RICELIFdescribed as follows: printed in WATERLOO, Black Hawk Count Iowa, and that the THAT PART 1F THE SOUTHWEST y, QUARTER (SW O. 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 ERINCI- news a er, and that the followingis a correct bill for publishingsaid PAL MERIDIAN, CITY OF WATERLOO, P P BLACK HAWK COUNTY, IOWA, DE- notice. SCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST- ERLY CORNER OF LOT 1 BLOCK 3 IN °HAYES' ADDITION"TO THE CITY OF Waterloo, City of - Legals W TERL POK'IONWA,AIL NOINT BEIC. NG A FMENT; THENCE ALONG THE NORTH- WESTERLY RIGHT-OF-WAY LINE OF WEST 17TH STREET SOUTH 40°33''A' 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 NORTHWESTERLY RIGHT-OF-WAY ORDER NUMBER 185404 LINE OF WEST 17TH STREET SOUTH 40°5916'WEST A DISTANCE OF 71.15 FEET TO THE NORTHEASTERLY STREET.POINT BEIING A NE SET CUT XF IN P.C.C.PAVEMENT ALSO BEING THE POINT OF BEGINNING;THENCE CON- TINUING ALONG THE EXTENSION OF SAID NORTHWESTERLY RIGHT-OF- WAY LINE OF WEST 17TH STREET Signed SOUTH 40°5914'WEST A DISTANCE OF 35.35 FEET TO A SET le REBAR WITH ,,.�p/.�LICENSE #23212;THENCE PARALLEL Subscribed an sworn to before me this7 day O ,�2OVC�! WITH AND FEET NORTHEASTER- LY OF THHE I CENTERLINE OF THE IOWA NORTHERN RAILWAY COMPANY RAIL- ROAD TRACKS NORTH 48°38'WEST A DIS CEL 'A' OF 365.7 FEET TO THE MOST SOUTHERLY CORNER OF PAR- CEL °A" RECORDED926A IN MISC. BOOKI 'l Tine/to 4,-Lik,1 317 PAGE 926 DATED 10/10/1995 IN Notary Publi THE ICE OF THE BLACK HAWK COUNTY FRECORDER,POINT BEING A SET 1/2 " REBAR WITH LICENSE #23212;THENCE ALONG THE SOUTH- Received of EASTERLY LINE OF SAID PARCEL"A" NORTH 41°19'A'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 YZ REBAR;THENCE ALONG SAID NORTHEASTERLY for publication of the above invoice. RIGHT-OF-WAY LINE OF BLUFF STREET SOUTH 48" 4076' EAST A DISTANCE OF 365.5 FEET TO THE POINT OF BEGINNING. Notary Seal: CONTAINING 12,880 SQ.FT.SUBJECT +'�,��• TO RESTRICTIONS, EASEMENTS, .IJOD1 E MCKINSTRY COVENANTS,ORDINANCES,AND LIMI- o + TED ACCESS PROVISIONS OF RE- « .�COM SS��{V 1 3 CORD AND NOT ORTH ASTERL. Section: Legals MY flES NOTE:THE NORTHEASTERLY RIGHT- al• OF-WAY LINE OF SAID BLUFF STREET IS Category: 950 Legal Notice EAST FOR TST FOR D THIS BEAR SOUTH 48°40;X' S DESCRIPTION. shall be,and the same is hereby vacated. PASSED AND ADOPTED this l3ih day of PUBLISHED ON: 07/31/2020 Jule . Quentintin Hart,Mayor LeAnn M.Even.Deputy City Clerk TOTAL AD COST: 44.77 FILED ON: 8/7/2020