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HomeMy WebLinkAbout2002-544-09.09.2002 This Resolution prepared by Nancy Eckert, City Clerk, 715 Mulberry Street, Waterloo, Iowa. RESOLUTION NO. 2002-544 RESOLUTION ACCEPTING AND APPROVING CERTAIN EASEMENT AGREEMENTS AND DIRECTING EXECUTION OF SAID AGREEMENTS BY MAYOR. WHEREAS, the easement agreements of the hereinafter described parcels are necessary to carry out the F.Y. 2003 Hanna Boulevard/Rainbow Drive Box Culvert-Phase II, and Rainbow Drive Box Culvert, Castle Hill Watershed, Contract No. 639, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, that the easement agreements for the parcels hereinafter described, all of which are situated in the City of Waterloo, Black Hawk County, Iowa, are accepted and approved and the Mayor and City Clerk are authorized and directed to execute the same in behalf of the City. The subject parcels are: Parcel No. 1 Northland Oil, Owners Temporary Easement: Exhibit "B" All that part of the Chicago Central and Pacific Railroad right-of-way lying between Lots 6 and 7 in Auditor' s Whitney Road Plat in Sections 16 and 21, Township 89 North, Range 13 West of the Fifth Principal Meridian, in the City of Waterloo, Black Hawk County, Iowa, lying within 25 . 00 feet of each side of the following described center line: Commencing at the Southeast corner of said Lot 6; thence North 75°10' 55" West on the Southerly line of said Lot 6 a distance of 62 . 16 feet ( 62 . 60 feet record) ; thence North 46°12' 41" West on the Southwesterly line of said Lot 6, also being the Northeasterly right-of-way line of the Chicago Central and Pacific Railroad, a distance of 92 . 54 feet; thence Northwesterly on the Southerly line of said Lot 6 being a 1, 802 . 99-foot radius curve concave Southwesterly and having a 27 . 87-foot long chord bearing North 46°39' 11" West a distance of 27 . 87 feet (arc length) to the point of beginning of the center line herein described; thence South 18°29' 27" West a distance of 27 . 49 feet to the Northeasterly line of said Lot 7, the end of the center line described; thence Southeasterly on the Northeasterly line of said Lot 7 being a 1, 777 . 99-foot radius curve concave Southwesterly and having a 16. 12- foot long chord bearing South 46°28' 14" East a distance of 16. 12 feet (arc length) ; thence South 46' 12' 41" East on the Northeasterly line of said Lot 7 a distance of 47 . 39 feet to the Easterly corner of said Lot 7; containing 0 . 03 acre, all in the City of Waterloo, Black Hawk County, Iowa. Basis of bearings : The Southerly line of said Lot 6 is assumed to bear North 75°10' 55" West for the purpose of this description. Resolution No . 2002-544 Page 2 Exhibit "C" A parcel of land located in Lot 1, Block 1, Clyde Miller Heights in Castle Hill, in the City of Waterloo, Black Hawk County, Iowa, more particularly described as follows: Beginning at the Northwest corner of said Lot 1; thence South 75°10' 55" East on the north line of said Lot 1 a distance of 123. 83 feet; thence South 52°29' 38" West a distance of 27 .23 feet; thence South 69°29' 31" West a distance of 103. 94 feet to the West line of said Lot 1; thence North 00°30' 38" West on the West line of said Lot 1 a distance of 84 . 67 feet to the point of beginning; containing 0. 13 acre, all in the City of Waterloo, Black Hawk County, Iowa. Basis of bearings : The North line of said Lot 1 is assumed to bear South 75°10' 55" East for the purpose of this description. Permanent Easements : Exhibit "A" Permanent Easement No. 1 All that part of Lot 6 in Auditor' s Whitney Road Plat in Sections 16 and 21, Township 89 North, Range 13 West of the Fifth Principal Meridian, now in Waterloo, Black Hawk County, Iowa, and that part of vacated Fairbanks Drive lying North of and abutting the North line of said Lot 6, being a strip of land lying between the North line of vacated Fairbanks Drive and the Southwesterly line of said Lot 6 (the Northeasterly line of the Chicago Central and Pacific Railroad) and lying within 15. 00 feet of each side of the following described center line: Commencing at the Northeast corner of said Lot 6; thence North 00°00' 00" West on the Northerly extension of the East line of said Lot 6 a distance of 18 . 00 feet to the North right-of-way line of Fairbanks Drive; thence South 89°41' 45" West on the North right-of-way line of vacated Fairbanks Drive a distance of 138 . 78 feet to the point of beginning of the center line herein described; thence South 01°29' 31" West a distance of 162. 13 feet; thence South 18°29' 27" West a distance of 13. 13 feet to the Southwesterly line of said Lot 6, the end of the center line described; thence Southeasterly on the Southwesterly line of said Lot 6 being a 1, 802 . 99-foot radius curve concave Southwesterly and having a 27 . 87-foot long chord bearing South 46°39' 11" East a distance of 27 . 87 feet (arc length) ; thence South 46°12' 41" East on the Southwesterly line of said Lot 6 a distance of 92. 54 feet to the Southerly line of said Lot 6 (the Northerly right-of-way line of Rainbow Drive) ; thence South 75°10' 55" East on the Southerly line of said Lot 6 a distance of 62 . 16 feet (62 . 60 feet record) to the Southeast corner of said Lot 6, all in the City of Waterloo, Black Hawk County, Iowa. The East line of said Lot 6 is assumed to bear due North and South for the purpose of this description. Containing 5, 258 square feet. Resolution No . 2002-544 Page 3 Permanent Easement No. 2 All that part of Lot 7 in Auditor' s Whitney Road Plat in Section 16 and 21, Township 89 North, Range 13 West of the Fifth Principal Meridian, now in Waterloo, Black Hawk County, Iowa, being a strip of land lying between the Northeasterly line of said Lot 7 (the Southwesterly right-of-way line of the Chicago Central and Pacific Railroad) and the Southerly line of said Lot 7 (the Northerly right-of-way line of Rainbow Drive) and lying within 15 . 00 feet of each side of the following described center line: Commencing at the Easterly corner of said Lot 7; thence North 46°12' 41" West on the Northeasterly line of said Lot 7 a distance of 47 . 39 feet; thence continuing Northwesterly along the Northeasterly line of said Lot 7 being a 1, 777 . 99-foot radius curve concave Southwesterly and having a 16. 12-foot long chord bearing North 46°28' 14" West a distance of 16. 12 feet (arc length) to the point of beginning of the center line herein described; thence South 18°29' 27" West a distance of 5. 37 feet; thence South 35°29' 28" West a distance of 27 . 08 feet to the Southerly line of said Lot 7, the end of the center line described; thence South 75°10' 55" East on the Southerly line of said Lot 7 a distance of 65. 50 feet to the Easterly corner of said Lot 7, all in the City of Waterloo, Black Hawk County, Iowa. The Southerly line of said Lot 7 is assumed to bear South 75°10' 55" East for the purpose of this description. Containing 974 square feet . Permanent Easement No. 3 : All that part of Lot 1, Block 1, Clyde Miller Heights in Castle Hill, now in Waterloo, Black Hawk County, Iowa, being a strip of land lying between the northerly line of said Lot 1 (the Southerly right-of-way line of Rainbow Drive) and the Westerly line of said Lot 1 (the Easterly right-of-way line of Hanna Boulevard) and lying within 15. 00 feet of each side of the following described center line: Commencing at the Northwest corner of said Lot 1; thence South 75°10' 55" East on the Northerly line of said Lot 1 a distance of 92 . 25 feet to the point of beginning of the center line herein described; thence South 52°29' 36" West a distance of 4 .20 feet; thence South 69°29' 30" West a distance of 91 . 11 feet to the Westerly line of said Lot 1, the end of the center line described; thence North 00°30' 38" West on the Westerly line of said Lot 1 a distance of 58 . 07 feet to the Northwest corner of said Lot 1, all in the City of Waterloo, Black Hawk County, Iowa. The Northerly line of said Lot 1 is assumed to bear South 75°10' 55" East for the purpose of this description. Containing 2, 859 square feet . Resolution No . 2002-544 Page 4 Permanent Easement No. 4 : All that part of the Chicago Central and Pacific Railroad right-of-way lying between Lots 6 and 7 in Auditor' s Whitney Road Plat in Sections 16 and 21, Township 89 North, Range 13 West of the Fifth Principal Meridian, now in Waterloo, Black Hawk County, Iowa, lying within 15. 00 feet of each side of the following described center line: Commencing at the Southeast corner of said Lot 6; thence North 75°10' 55" West on the Southerly line of said Lot 6 a distance of 62 . 16 feet ( 62. 60 feet record) ; thence North 46°12' 41" West on the Southwesterly line of said Lot 6, also being the Northeasterly right-of-way line of the Chicago Central and Pacific Railroad, a distance of 92 . 54 feet; thence Northwesterly on the Southerly line of said Lot 6 being a 1, 802 . 99-foot radius curve concave Southwesterly and having a 27 . 87-foot long chord bearing North 46°39' 11" West a distance of 27 . 87 feet (arc length) to the point of beginning of the center line herein described; thence South 18°29' 27" West a distance of 27 . 49 feet to the Northeasterly line of said Lot 7, the end of the center line described; thence Southeasterly on the Northeasterly line of said Lot 7 being a 1, 777 . 99-foot radius curve concave Southwesterly and having a 16. 12- foot long chord bearing South 46°28' 14" East a distance of 16. 12 feet (arc length) ; thence South 46°12' 41" East on the Northeasterly line of said Lot 7 a distance of 47 . 39 feet to the Easterly corner of said Lot 7, all in the City of Waterloo, Black Hawk County, Iowa. The southerly line of said Lot 6 is assumed to bear North 75°10' 55" West for the purpose of this description. Containing 825 square feet . Parcel No. 2 Paul A. & Phyllis J. Robinson, Owners $714 . 38 Temporary Easement : A parcel of land located in Lot 4, Block 2, Clyde Miller Heights in Castle Hill, in the City of Waterloo, Black Hawk County, Iowa, more particularly described as follows: Commencing at the Northeast corner of said Lot 4; thence South 00°29' 33" East on the East line of said Lot 4 a distance of 63. 82 feet to the point of beginning of the parcel herein described; thence continuing South 00°29' 33" East on the East line of said Lot 4 a distance of 38 . 71 feet to the Southeast corner of said Lot 4; thence South 64°49' 35" West on the South line of said Lot 4 a distance of 40. 92 feet; thence North 00°30' 38" West a distance of 42.24 feet; thence North 69°29' 31" East a distance of 39. 58 feet to the point of beginning; containing 0. 03 acre, all in the City of Waterloo, Black Hawk County, Iowa. Basis of bearings: The East line of said Lot 4 is assumed to bear South 00°29' 33" East for the purpose of this description. Resolution No , 2002-544 Page 5 Permanent Easement : A parcel of land located in Lot 4, Block 2, Clyde Miller Heights in Castle Hill, in the City of Waterloo, Black Hawk County, Iowa, more particularly described as follows: Commencing at the Northeast corner of said Lot 4; thence South 00°29' 33" East on the East line of said Lot 4 a distance of 74 . 47 feet to the point of beginning of the parcel herein described; thence continuing South 00°29' 33" East on the East line of said Lot 4 a distance of 28 . 06 feet to the Southeast corner of said Lot 4; thence South 64°49' 35" West on the South line of said Lot 4 a distance of 29. 91 feet; thence North 00°30' 38" West a distance of 30. 65 feet; thence North 69°29' 31" East a distance of 28 . 94 feet to the point of beginning; containing 0. 02 acre, all in the City of Waterloo, Black Hawk County, Iowa. Basis of bearings : The East line of said Lot 4 is assumed to bear South 00°29' 33" East for the purpose of this description. Parcel No. 3 Debra J. Boyd Trust, Owner $635. 97 Temporary Easement : A parcel of land located in Lot 5, Block 2, Clyde Miller Heights in Castle Hill, in the City of Waterloo, Black Hawk County, Iowa, more particularly described as follows : Commencing at the Northeast corner of said Lot 5; thence South 64 °49' 35" West on the North line of said Lot 5 a distance of 29. 91 feet to the point of beginning of the parcel herein described; thence South 00°30' 38" East a distance of 15. 23 feet; thence North 43°44' 26" West a distance of 14 . 60 feet to the North line of said Lot 5; thence North 64°49' 35" East on the North line of said Lot 5 a distance of 11 . 00 feet to the point of beginning; containing 76 square feet, all in the City of Waterloo, Black Hawk County, Iowa. Basis of bearings : The North line of said Lot 5 is assumed to bear South 64°49' 35" West for the purpose of this description. Permanent Easement : A parcel of land located in Lot 5, Block 2, Clyde Miller Heights in Castle Hill, in the City of Waterloo, Black Hawk County, Iowa, more particularly described as follows: Beginning at the Northeast corner of said Lot 5; thence South 00°29' 33" East on the East line of said Lot 5 a distance of 17 . 82 feet; thence South 69°29' 31" West a distance of 28 . 92 feet; thence North 00°30' 38" West a distance of 15.23 feet to the North line of said Lot 5; thence North 64 °49' 35" East on the North line of said Lot 5 a distance of 29. 91 feet to the point of beginning; containing 0 . 01 acre, all in the City of Waterloo, Black Hawk County, Iowa. Resolution No , 2002-544 Page 6 Basis of bearings : The East line of said Lot 5 is assumed to bear South 00° 29' 33" East for the purpose of this description. Parcel No. 4 Michael H. Douglas & Donna H. Schumacher-Douglas, Owners $2, 866.25 Temporary Easement : A parcel of land located in Lot 62 of Auditor' s Whitney Road Plat in Waterloo, Black Hawk County, Iowa, more particularly described as follows : Beginning at the Southwest corner of said Lot 62; thence North 00°04' 00" West on the West line of said Lot 62 a distance of 70. 00 feet; thence North 89°56' 00" East a distance of 80. 00 feet; thence South 00°04' 00" East a distance of 86. 40 feet to the South line of said Lot 62; thence North 78°29' 00" West on the South line of said Lot 62 a distance of 5. 10 feet; thence North 00°04' 00" West a distance of 53 . 32 feet; thence South 89°56' 00" West a distance of 65. 00 feet; thence South 00°04' 00" East a distance of 40. 00 feet to the South line of said Lot 62; thence North 78°29' 00" West on the South line of said Lot 62 a distance of 10 . 21 feet to the point of beginning; containing 0. 07 acre, all in the City of Waterloo, Black Hawk County, Iowa. Basis of bearings: The West line of said Lot 62 is assumed to bear North 00°04' 00" West for the purpose of this description. Permanent Easement : A parcel of land located in Lot 62 of Auditor' s Whitney Road Plat in Waterloo, Black Hawk County, Iowa, more particularly described as follows : Commencing at the Southwest corner of said Lot 62; thence South 78°29' 00" East on the South line of said Lot 62 a distance of 10. 21 feet to the point of beginning of the parcel herein described; thence North 00°04' 00" West a distance of 40 . 00 feet; thence North 89°56' 00" East a distance of 65. 00 feet; thence South 00°04' 00" East a distance of 53 . 32 feet to the South line of said Lot 62; thence North 78°29' 00" West on the South line of said Lot 62 a distance of 66. 35 feet to the point of beginning; containing 0. 07 acre, all in the City of Waterloo, Black Hawk County, Iowa. Basis of bearings : The South line of said Lot 62 is assumed to bear South 78°29' 00" East for the purpose of this description. Parcel No. 5 Clinton T. & Rhonda L. DeBuhr, Owners $1, 393. 92 Temporary Easement: A parcel of land located in Lot 1 of Lobdell' s Second Addition to Castle Hill, in the City of Waterloo, Black Hawk County, Iowa, more particularly described as follows: Resolution No , 2002-544 Page 7 Commencing at the Northwest corner of said Lot 1; thence South 78°29' 00" East on the North line of said Lot 1 a distance of 51 . 03 feet to the point of beginning of the parcel herein described; thence continuing South 78°29' 00" East on the North line of said Lot 1 a distance of 10.21 feet; thence South 00°00' 00" West a distance of 71 . 44 feet; thence North 78°29' 00" West a distance of 10 .21 feet; thence North 00°00' 00" East a distance of 71 . 44 feet to the point of beginning; containing 0 . 02 acre, all in the City of Waterloo, Black Hawk County, Iowa. Basis of bearings : The North line of said Lot 1 is assumed to bear South 78°29' 00" East for the purpose of this description. Permanent Easement : A parcel of land located in Lot 1 of Lobdell' s Second Addition to Castle Hill, in the City of Waterloo, Black Hawk County, Iowa, more particularly described as follows: Beginning at the Northwest corner of said Lot 1; thence South 78°29' 00" East on the North line of said Lot 1 a distance of 51 . 03 feet; thence South 00°00' 00" West a distance of 71 . 44 feet; thence North 78°29' 00" West a distance of 51 . 03 feet to the West line of said Lot 1; thence North 00°00' 00" East on the West line of said Lot 1 a distance of 71 . 44 feet to the point of beginning; containing 0. 08 acre, all in the City of Waterloo, Black Hawk County, Iowa. Basis of bearings: The North line of said Lot 1 is assumed to bear South 78°29' 00" East for the purpose of this description. Parcel No. 6 Duane L. & Joan R. Wessels, Owners $82 . 32 Temporary Easement : A parcel of land located in Lot 63 of Auditor' s Whitney Road Plat, in the City of Waterloo, Black Hawk County, Iowa, more particularly described as follows : Beginning at the Southeast corner of said Lot 63; thence North 78°29' 00" West on the present North right- of-way line of Rainbow Drive a distance of 81 . 15 feet (80 . 94 feet record) ; thence North 00°04' 00" West a distance of 10. 00 feet; thence South 78°29' 00" East a distance of 25. 00 feet; thence North 43°54' 22" East a distance of 67 . 70 feet; thence North 89°56' 00" East a distance of 8 . 00 feet to the East line of said Lot 63; thence South 00°04' 00" East on the East line of said Lot 63 a distance of 70. 00 feet to the point of beginning; containing 2, 640 square feet, or 0. 06 acre, all in the City of Waterloo, Black Hawk County, Iowa. Basis of bearings : The present North right-of-way line of Rainbow Drive is assumed to bear North 78°29' 00" West for the purpose of this description. A.r - 1 rRes©lution No . 2002-544 C5Page 8 o rr, :D LT1 E- tiE-+ 0 0 j tri Permanent Easement : v LZ1 , A parcel of land located in Lot 63 of Auditor' s Whitney 1-4 Road Plat, in the City of Waterloo, Black Hawk County, s Iowa, more particularly described as follows: sSrJ Beginning at the Southeast corner of said Lot 63; thence North 78°29' 00" West on the present North right- � � m of-way line of Rainbow Drive a distance of 15 . 00 feet; C M thence North 00°04' 00" West a distance of 10. 00 feet; thence South 78°29' 00" East a distance of 15 . 00 feet to rP the East line of said Lot 63; thence South 00°04' 00" .-3 s East on the East line of said Lot 63 a distance of sZ < 10. 00 feet to the point of beginning; containing 147 r7 `; square feet, all in the City of Waterloo, Black Hawk m m County, Iowa. • Basis of bearings : The present North right-of-way line of Rainbow Drive is assumed to bear North 78°29' 00" West for the purpose of this description. PASSED AND ADOPTED this 9th day of September, 2002 . Joh R. Roo f, Mayor ATTEST: L40//C- L- Nancy Ecke , City Clerk