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HomeMy WebLinkAbout2002-466-08.05.2002 ry INDEX BLACK HAWK COUNTY,IOWA:ss FEE BOOK# 20 03 29945 PROOF ICJ FILED FOR RECORD APR 14 2003 AT 4:00 P. m FEE 1-15.00 COMPARED rr L a BLACK HAWK COUNTY RECORDER CITY OF WATERLOO This Resolution prepared by Nancy Eckert, City Clerk, 715 Mulberry Street, Waterloo, Iowa. RESOLUTION NO. 2002-466 RESOLUTION GRANTING PERMISSION TO JACKSON DEVELOPMENT CORPORATION FOR A WAIVER FOR A CONCRETE DRIVEWAY TO BE LOCATED AT 2171 DIAGONAL STREET, AND AUTHORIZING CONSTRUCTION OF A CONCRETE DRIVEWAY WITH THE ELIMINATION OF THE SIDEWALK SECTION DUE TO THE INABILITY TO MEET REQUIREMENTS OF THE DRIVEWAY AND SIDEWALK POLICY, PARAGRAPH 1 . BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA: WHEREAS, the City Engineer has made written application to the City Council asking that Jackson Development Corporation be authorized and permitted to construct a concrete driveway on City right-of-way with the elimination of the sidewalk section due to inability to meet requirements of the driveway and sidewalk policy, Paragraph 1, to be located at 2171 Diagonal Street, and legally described as follows : Parcel "C" , a part of Parcel "B" Northeast 1/4 , Section 9, Township 89 North, Range 13 West, City of Waterloo, Black Hawk County, Iowa. That part of the Northeast quarter (Northeast 1/4) of Section 9, Township 89 North (T89N) , Range 13 West (R13W) of the Fifth Principal Meridian in the City of Waterloo, Black Hawk County, Iowa, described as follows : Commencing at the Northwest corner of said Northeast quarter (NE 14) of Section 9, Township 89 North (T89N) , Range 13 West (R13W) , City of Waterloo, Black Hawk County, Iowa; thence South 00°08' 24" East Thirty-three (33 . 00) feet along the West line of said Northeast quarter (NE 1/,) to the South right of way line of Airline Highway; thence continuing South 00°08 ' 24" East forty-five and twenty-three hundredths (45 . 23) feet along said West line of said Northeast quarter (NE 1/) to the South right of way line of Diagonal Street (as established in Deed Record 498 Page 308 of the records of said county) ; thence South 66°04 ' 22" East seventy- four and thirty-six hundredths (74 . 36) feet Southeasterly along said Southerly right of way line; thence Southeasterly one thousand four hundred seventy- three and sixty-eight hundredths (1, 473 . 68) feet along a curve concave Southwesterly with a radius of six thousand two hundred seventeen and fifty hundredths (6, 217 . 50) feet with a long chord bearing south 59°15' 42" East one thousand four hundred seventy and thirty-six hundredths (1, 470 . 36) feet to the East line of the West half of the Northeast quarter (W %- NE 1/,) ; thence South 00°04 ' 28" East thirty-one and fifty-eight hundredths (31 . 58) feet along the East line of said West half of the Northeast quarter (W - NE 14) and the point of beginning of this description; thence South 30°37' 55" West one hundred seventeen and fifty hundredths (117 . 50) feet ; thence South 00°04 ' 28" East four hundred sixty-one and sixty-two hundredths (461 . 62) feet parallel and sixty (60) feet normally distant from said East line of West half of the Northeast quarter (W 3- NE 14) ; thence North 40°47' 42" East four hundred eighty-eight and ninety-eight hundredths (488 . 98) feet to a point on the Southerly Resolution No. 2002-466 Page 2 right of way line of Diagonal (now Street) Road (as established by Warranty Deed as recorded in Land Deed 548 Page 809 of the records of said county) ; thence Northwesterly three hundred thirty-six and four hundredth (336 . 04) feet along a curve concave Southwesterly with a radius of six thousand one hundred ninety-two and fifty hundredths (6, 192 . 50) feet with a long chord bearing North 40°45' 35" West three hundred thirty-six and no hundredths (336 . 00) feet along said Southerly line of Diagonal Street to the point of beginning, containing ninety-seven thousand seventy-six and seventy-seven hundredths (97, 076 . 77) square feet or two and two hundred twenty-eight thousandths (2 . 228) acres, all in the City of Waterloo, Black Hawk County, Iowa . and WHEREAS, it is the sense of the Council of the City of Waterloo, Iowa, that said request should be granted. NOW, THEREFORE, BE IT FURTHER RESOLVED that permission is hereby granted to Jackson Development Corporation to construct a concrete driveway subject to the following conditions : 1 . Removal and replacement of this driveway to an official elevation at no additional expense to the City of Waterloo at such time that sidewalk is constructed. 2 . Removal and replacement of the private driveway, as needed, to an official elevation at no additional expense to the City of Waterloo at such time that curb and gutter is constructed. 3 . Agrees to pay for any additional expense for the replacement of any special textured driveway or sidewalk that has been removed for any City of Waterloo project . 4 . Employment of a bonded contractor who shall obtain a permit from the office of the City Engineer. 5 . Construction of the driveway according to the specifications and policies of the City Engineer and under his supervision. BE IT FURTHER RESOLVED that the City Clerk is authorized and directed to forward a certified copy of this resolution to the Black Hawk County Recorder for recording and the Black Hawk County Auditor for filing in order that this said action may become a matter of official County Record. PASSED AND ADOPTED this 5th day of August, 2002 . John o ff, Mayor ATTEST: E'Cbc City Clerk Nancy Ecke Resolution No. 2002-466 Page 3 CERTIFICATE I , Nancy Eckert, City Clerk of the City of Waterloo, Iowa, do hereby certify that the preceding is a true and complete copy of Resolution No. 2002-466, as passed and adopted by the Council of the City of Waterloo, Iowa, on the 5th day of August, 2002 . Witness my hand and seal of office this 7th day of August, 2002 . c_,/lAt2r ECAelL4- SEAL Nancy Eckt, City Clerk This Resolution prepared by Nancy Eckert, City Clerk, 715 Mulberry Street, Waterloo, Iowa. RESOLUTION NO. 2002-466 RESOLUTION GRANTING PERMISSION TO JACKSON DEVELOPMENT CORPORATION FOR A WAIVER FOR A CONCRETE DRIVEWAY TO BE LOCATED AT 2171 DIAGONAL STREET, AND AUTHORIZING CONSTRUCTION OF A CONCRETE DRIVEWAY WITH THE ELIMINATION OF THE SIDEWALK SECTION DUE TO THE INABILITY TO MEET REQUIREMENTS OF THE DRIVEWAY AND SIDEWALK POLICY, PARAGRAPH 1 . BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA: WHEREAS, the City Engineer has made written application to the City Council asking that Jackson Development Corporation be authorized and permitted to construct a concrete driveway on City right-of-way with the elimination of the sidewalk section due to inability to meet requirements of the driveway and sidewalk policy, Paragraph 1, to be located at 2171 Diagonal Street, and legally described as follows: Parcel "C", a part of Parcel "B" Northeast 1/4, Section 9, Township 89 North, Range 13 West, City of Waterloo, Black Hawk County, Iowa. That part of the Northeast quarter (Northeast 1/4 ) of Section 9, Township 89 North (T89N) , Range 13 West (R13W) of the Fifth Principal Meridian in the City of Waterloo, Black Hawk County, Iowa, described as follows : Commencing at the Northwest corner of said Northeast quarter (NE ',1) of Section 9, Township 89 North (T89N) , Range 13 West (R13W) , City of Waterloo, Black Hawk County, Iowa; thence South 00°08' 24" East Thirty-three (33. 00) feet along the West line of said Northeast quarter (NE 'Kt) to the South right of way line of Airline Highway; thence continuing South 00°08' 24" East forty-five and twenty-three hundredths (45. 23) feet along said West line of said Northeast quarter (NE ) to the South right of way line of Diagonal Street (as established in Deed Record 498 Page 308 of the records of said county) ; thence South 66°04' 22" East seventy- four and thirty-six hundredths (74 . 36) feet Southeasterly along said Southerly right of way line; thence Southeasterly one thousand four hundred seventy- three and sixty-eight hundredths (1, 473. 68) feet along a curve concave Southwesterly with a radius of six thousand two hundred seventeen and fifty hundredths ( 6, 217 . 50) feet with a long chord bearing south 59°15' 42" East one thousand four hundred seventy and thirty-six hundredths (1, 470. 36) feet to the East line of the West half of the Northeast quarter (W - NE ) ; thence South 00°04' 28" East thirty-one and fifty-eight hundredths (31 . 58) feet along the East line of said West half of the Northeast quarter (W ;1- NE �) and the point of beginning of this description; thence South 30°37' 55" West one hundred seventeen and fifty hundredths (117 . 50) feet; thence South 00°04' 28" East four hundred sixty-one and sixty-two hundredths (461 . 62) feet parallel and sixty (60) feet normally distant from said East line of West half of the Northeast quarter (W - NE ',I) ; thence North 40°47' 42" East four hundred eighty-eight and ninety-eight hundredths (488 . 98) feet to a point on the Southerly Resolution No. 2002-466 Page 2 right of way line of Diagonal (now Street) Road (as established by Warranty Deed as recorded in Land Deed 548 Page 809 of the records of said county) ; thence Northwesterly three hundred thirty-six and four hundredth (336. 04 ) feet along a curve concave Southwesterly with a radius of six thousand one hundred ninety-two and fifty hundredths ( 6, 192 . 50) feet with a long chord bearing North 40°45' 35" West three hundred thirty-six and no hundredths (336. 00) feet along said Southerly line of Diagonal Street to the point of beginning, containing ninety-seven thousand seventy-six and seventy-seven hundredths (97, 076. 77) square feet or two and two hundred twenty-eight thousandths (2.228) acres, all in the City of Waterloo, Black Hawk County, Iowa. and WHEREAS, it is the sense of the Council of the City of Waterloo, Iowa, that said request should be granted. NOW, THEREFORE, BE IT FURTHER RESOLVED that permission is hereby granted to Jackson Development Corporation to construct a concrete driveway subject to the following conditions: 1 . Removal and replacement of this driveway to an official elevation at no additional expense to the City of Waterloo at such time that sidewalk is constructed. 2 . Removal and replacement of the private driveway, as needed, to an official elevation at no additional expense to the City of Waterloo at such time that curb and gutter is constructed. 3. Agrees to pay for any additional expense for the replacement of any special textured driveway or sidewalk that has been removed for any City of Waterloo project . 4 . Employment of a bonded contractor who shall obtain a permit from the office of the City Engineer. 5 . Construction of the driveway according to the specifications and policies of the City Engineer and under his supervision. BE IT FURTHER RESOLVED that the City Clerk is authorized and directed to forward a certified copy of this resolution to the Black Hawk County Recorder for recording and the Black Hawk County Auditor for filing in order that this said action may become a matter of official County Record. PASSED AND ADOPTED this 5th day of August, 2002 . J• Rooff, Map, , ATTEST: Nancy Ecke , City Clerk n7 g•`oZt 4 2 0 0 2-4 6 6 rs. U H LTj 0 C) S tC it 0 E-4 t Y1 J eG E-.f F' x CERTIFICATE rri CO h1 ra CU n G tr o I, 'Tay 'Eckert, City Clerk of the City of Waterloo, Iowa, d°` ::hereby :pertify that the preceding is a true and complete copy F • ofReso�u€ion No. 2002-466, as passed and adopted by the Council t� (#.1<tkia,e City .of Waterloo, Iowa, on the 5th day of August, 2002 . rn H C'J E- Wtciess my hand and seal of office this 7th day of August, • u2': :x cc H [; o cv0 0 [JC? ;Tit 0 t)„, 0,„ - Nancy Eck , City Clerk E 171 CD ..J Gt171 0trJ 0 t L.. H