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HomeMy WebLinkAbout2014-903-10/20/2014 Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2014-903 RESOLUTION DETERMINING AN AREA OF THE CITY TO BE AN ECONOMIC DEVELOPMENT AREA, AND THAT THE REHABILITATION, CONSERVATION, REDEVELOPMENT, DEVELOPMENT, OR A COMBINATION THEREOF, OF SUCH AREA IS NECESSARY IN THE INTEREST OF THE PUBLIC HEALTH, SAFETY OR WELFARE OF THE RESIDENTS OF THE CITY; DESIGNATING SUCH AREA AS APPROPRIATE FOR AN URBAN RENEWAL PROJECT; AND ADOPTING AMENDMENT NO. 2 OF THE MARTIN ROAD DEVELOPMENT PLAN THEREFOR. WHEREAS, by Resolution No. 1996-673 adopted on or about October 7, 1996, and amended by Resolution No. 2004-522, adopted on or about August 9, 2004, this Council found and determined that certain areas located within the City are eligible and should be designated as an urban renewal area under Iowa law, and approved and adopted the Martin Road Development Plan of the City of Waterloo, Iowa and amendments thereto (the "Plan") ; and WHEREAS, a proposed Amendment No. 2 to the Plan has been prepared, which proposed Amendment is on file in the office of the City Clerk and which is incorporated herein by reference, the purpose of which is to set forth and include within the Plan an additional parcel of land, described as follows: Beginning at the intersection of the North line of the Southeast 4 of the Southwest 4 of Section 33, Township 89 North, Range 13 West and the Southeasterly right-of-way line of U. S. Highway 63 (Sergeant Road) ; thence Southwesterly along said right-of-way to its intersection with the West line of the Southeast '4 of the Southwest ;4 of said Section 33; thence South 89°50' 15" East a distance of 432 . 65' ; thence South 1°40' 30" East to the South line of said Section; thence East along said South line to the Southeast corner of the Southeast 4 of the Southwest of said Section 33; thence North along the East line of said Southeast of the Southwest 4 of Section 33 to the Northeast corner of the said Southeast '4 of the Southwest 4 of Section 33; thence West along the North line of said Southeast of the Southwest 34 of Section 33 to the point of beginning; And also: Beginning at a point on the Northwesterly right-of-way line of the Chicago Great Western Railroad (now abandoned) that is South 35°31' 30" West 850 . 21 feet from a point on said Northwesterly right-of-way line that intersects the North line of the Southwest 4 of the Southeast 4 of Section 6, Township 88, Range 13; thence South to the centerline of U. S . Highway 20 as presently established; thence Southeasterly along the centerline of U. S . Highway 20 as presently established to its intersection with the East line of Section 7, Township 88 North, Range 13 West; thence Southerly along the East Resolution 2014-903 Page 2 line of said Section 7 to a point that is 745 . 6 feet South of the Northeast corner of said Section 7; thence West 70 . 6 feet; thence South 419. 6 feet; thence Southerly 265 . 5 feet along a 407 . 5' radius curve concave Westerly having a chord bearing South 18°40' West 260 . 8 feet; thence South 37°20' West 149 . 5 feet; thence North 52°17 . 5' West 643 . 0 feet; thence South 37°42' West 450 feet; thence continuing South 37°42' West to the Southeasterly most corner of the following described parcel; the North 17 . 06 acres of the South k of the Northeast k of Section 7, Township 88 North, Range 13 West located West of road, and except that part of Timberline Patio Homes plat bounded as follows: commencing at a point on the centerline of West 4th Street which is 626. 32 feet Southwest of the intersection of said centerline with the East line of said Section 7, thence North 89°30' West 881 . 76 feet, thence North 37 °21' 30" East 837 . 49 feet, thence South 52°38' 30" East 710 feet, thence Southwesterly along the centerline of West 4th Street to the point of beginning, and except Highway, and except that part of the Northeast k of said Section 7 described as follows: beginning at a point on the West line of said Northeast k which is 1, 218 feet South of the Northwest corner of said Northeast 1,9, thence North 78°47' 45" East 208 . 37 feet, thence South 35°6' 15" West 352 . 10 feet to the West line of said Northeast '4, thence Northwest to the point of beginning, and except that part platted as Ekho Ridge Addition; thence Northwesterly along the Southwesterly line of said described parcel to its intersection with the West line of the Northeast 4 of said Section 7; thence Southerly along the West line of the Northeast k of said Section 7 to the center of said Section 7; thence South 89°46' 50" West 99. 19 feet along the North line of the Southwest k of said Section 7; thence South 665. 54 feet to the Westerly most corner of Lot 3 of Nottingham Heights Addition; thence Westerly along the South line of the North k of the North 'f of the Southwest ' of said Section 7 to the Northeast corner of Lot C-i of Southland Park Third Addition; thence Southeasterly along the Northeasterly line of said Lot C-1 to the Easterly most corner of said Lot C-1; thence southwesterly along the Southeasterly line of said Lot C-1 and an extension of the Southeasterly line of said Lot C-1 to the centerline of Charm Drive; thence Northwesterly, Westerly, and Southwesterly along the Centerline of Charm Drive to its intersection with a point on the Southwest line of Southland Park 4th Addition; thence Northwesterly and Northeasterly following the Southwesterly lines of Southland Park 4th Addition to the Southerly most corner of Lot C-8 of said addition; thence Northwesterly along the Southwesterly line of said Lot C-8 to the Westerly most corner of said Lot C-8; thence Southwesterly along the Southeasterly right-of-way line of U. S. Highway 63 to the Northerly most corner of the following described parcel: Unplatted Waterloo West, a part of the Southwest i of Section 7, Township 88 North, Range 13 West, beginning at a point on the West line of said Section 7 which is 1, 066. 45 feet North of the Southwest corner of Resolution 2014-903 Page 3 said Section 7, thence North 36°2' East 44 feet, thence South 53°58' East 500 feet, thence South 36°2' West 344 feet, thence North 53°58' West 281 . 77 feet to the West line of said Section 7, thence North 370 . 98 feet to the point of beginning; thence Southeasterly along the Northeasterly line of said described parcel to the Easterly most corner of said described parcel; thence Southwesterly along the Southeasterly line of said described parcel to the Southerly most corner of said described parcel; thence South 53°58' East a distance of 107 . 59' ; thence South 35°16' 20" West a distance of 139. 64' ; thence Southwesterly in a straight line to a point on the West line of said Section 7 that is 33 feet North of the Southwest corner of said Section 7; thence South 33' to the Southwest corner of said Section 7; thence Westerly along the South line of Section 12 of Township 88 North, Range 14 West to the intersection of the South line of said Section 12 and a line 1, 000' Northwesterly of and parallel to the Northwesterly right- of- way line of the Chicago Great Western Railroad (now abandoned) ; thence Northeasterly 935 feet along said parallel line; thence Southeasterly at a right angle 500 feet; thence Northeasterly at a right angle 878 . 6 feet; thence Northwesterly at a right angle to the North line of the South 11 of the Southeast of said Section 12; thence continuing Northwesterly along the last bearing to the intersection with a line 1, 000' Northwesterly of and parallel to the Northwesterly right-of-way line of the Chicago Great Western Railroad (now abandoned) ; thence Northeasterly along said parallel line to its intersection with the Northeasterly right-of-way line of the Cedar Falls Branch Line of the C NW Transportation Co. (now abandoned) ; thence Northwesterly along said Northeasterly right-of-way line to its intersection with the North line of the Northeast k of the Southeast 9 of Section 12, Township 88 North, Range 14 West; thence East along said North line and the North line of the Northwest '•9 of the Southwest 'I of Section 7, Township 88 North, Range 13 West to its intersection with the Northwesterly right-of-way line of the Chicago Great Western Railroad (now abandoned) ; thence Northeasterly along said Northwesterly right-of-way line to the centerline of Ranchero Road as presently established; thence Northwesterly and Westerly along said centerline of Ranchero Road to the Southwest corner of Section 6, Township 88 North, Range 13 West; thence Northerly along the West line of said Section 6 to the Northwest corner of the Southwest fractional of the Southwest fractional of said Section 6; thence North 89°42' 54" East a distance of 818 . 14 feet; thence South 06°19' 51" West a distance of 32 . 15 feet; thence South 77°34' 36" East a distance of 835 . 86 feet; thence Easterly 637 . 85 feet along a 7, 789 . 65 foot radius curve, concave Southerly, having a chord bearing South 75°14' 03" East 637 . 67 feet; thence South 72 °26' 10" East 1005 . 02' to the point of beginning. WHEREAS, it is desirable that these areas be redeveloped as part of the overall development area covered by said Plan; and Resol ution 2014-903 Page 4 WHEREAS, Iowa statutes require the City Council to submit the proposed Amendment No. 2 to the Martin Road Development Plan to the Planning and Zoning Commission of the City for review and recommendation as to its conformity with the general plan for development of the City as a whole, prior to City Council approval thereof, and adoption of Amendment No. 2 has been approved by said Commission as being in conformity with the general plan for development of the City as a whole, as evidenced by its written report and recommendation filed with the Council, which report and recommendation is hereby accepted, approved in all respects and incorporated herein by this reference; and WHEREAS, on August 29, 2014, a consultation was held with the designated representatives of all affected taxing entities to discuss the proposed Amendment No. 2 to the Martin Road Development Plan and the division of revenue described therein, and that notice of said consultation and a copy of said proposed Amendment No. 2 was sent to all affected taxing entities, all required responses to the recommendations made by the affected taxing entities, if any, have been timely made as set forth in the report of the Community Planning & Development Director submitted to Council and incorporated herein by this reference, which report is in all respects approved; and WHEREAS, by a resolution passed September 15, 2014, this Council also set a public hearing on the adoption of said Amendment No. 2 for this meeting of the Council, and due and proper notice of said public hearing was given, as provided by law, by timely publication in the "Waterloo Courier", which notice set forth the time and place for this hearing and the nature and purpose thereof; and WHEREAS, in accordance with said notice, all persons or organizations desiring to be heard on said proposed Amendment No. 2, both for and against, have been given an opportunity to be heard with respect thereto, and due consideration has been given to all comments and views expressed to the Council in connection therewith, and said public hearing has been closed. NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA: Section 1 . That the findings and conclusions set forth or contained in the Plan and Amendment No. 2 thereto concerning the area of the City of Waterloo, Iowa described in the preamble hereof, be and the same are hereby ratified and confirmed in all respects as the findings of this Council for this area. Section 2 . This Council further finds : a. A feasible method exists for the location of families who will be displaced from the Martin Road Development Plan Area into decent, safe and sanitary dwelling accommodations within their means and without undue hardship to such families; and Resolution 2014-903 Page 5 b. The Plan and Amendment No. 2 thereto conform to the general plan for the development of the City as a whole. Section 3 . That the Martin Road Development Plan Area, as amended, is an economic development area within the meaning of Iowa Code Chapter 403; that such area is eligible for designation as an urban renewal area and otherwise meets all requisites under the provisions of Chapter 403 of the Code of Iowa, and that the rehabilitation, conservation, redevelopment, development, or a combination thereof, of such area is necessary in the interest of the public health, safety, or welfare of the residents of this City. Section 4 . That Amendment No. 2 to the Martin Road Development Plan of the City of Waterloo, Iowa be and the same is hereby approved and adopted as "Amendment No. 2 to the Martin Road Development Plan for the City of Waterloo, Iowa"; that said Amendment No. 2 is hereby in all respects approved; and that the City Clerk is hereby directed to file a certified copy of said Amendment No. 2 with the proceedings of this meeting. Section 5. That the Plan, as so amended, for the Martin Road Development Plan Area shall be in full force and effect from the date of this Resolution until the later of the date of termination set forth in the Plan as so amended, or the date on which payment of all obligations issued or advances made to carry out the purposes thereof shall be fully provided for. Said proposed Amendment No. 2 to the Martin Road Development Plan shall be forthwith certified by the City Clerk, along with a copy of this Resolution, to the Recorder for Black Hawk County, Iowa, to be filed and recorded in the manner provided by law. Section 6. That all other provisions of the Plan not affected or otherwise revised by the terms of Amendment No. 2 thereto be and the same are hereby ratified, confirmed, and approved in all respects. PASSED AND ADOPTED this 20th day of October, 2014 . Ernest G. Clark, Mayor ATTEST: Ir Suzy Schlares, CMC City Clerk h - Resolution 2014-903 Page 6 CERTIFICATE STATE OF IOWA ss . COUNTY OF BLACK HAWK I, the undersigned City Clerk of Waterloo, Iowa, do hereby certify that attached is a true and complete copy of the portion of the corporate records of said Municipality showing proceedings of the Council, and the same is a true and complete copy of the action taken by said Council with respect to said matter at the meeting held on the date indicated in the attachment, which proceedings remain in full force and effect, and have not been amended or rescinded in any way; that the meeting and all action thereat was duly and publicly held in accordance with a notice of meeting and tentative agenda, a copy of which was timely served on each member of the Council and posted on a bulletin board or other prominent place easily accessible to the public and clearly designated for that purpose at the principal office of the Council (a copy of the face sheet of said agenda being attached hereto) pursuant to the local rules of the Council and the provisions of Chapter 21, Code of Iowa, upon reasonable advance notice to the public and media at least twenty-four hours prior to the commencement of the meeting as required by said law and with members of the public present in attendance; I further certify that the individuals named therein were on the date thereof duly and lawfully possessed of their respective city offices as indicated therein, that no Council vacancy existed except as may be stated in said proceedings, and that no controversy or litigation is pending, prayed or threatened involving the incorporation, organization, existence or boundaries of the City or the right of the individuals named therein as officers to their respective positions . WITNESS my hand and the seal of said Municipality hereto affixed this 20th day of October, 2014 . SEAL uzy S hares, CMC City erk A __