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HomeMy WebLinkAbout1999-064-02.08.1999 RESOLUTION NO. 1999-64 RESOLUTION ADOPTING AND LEVYING FINAL SCHEDULE OF ASSESSMENTS, AND PROVIDING FOR THE PAYMENT THEREOF, FOR STORM AND SANITARY SEWER IMPROVEMENTS AND WATER MAIN FOR TOWER PARK-PART OF TRACT F, IN THE CITY OF WATERLOO, IOWA. WHEREAS, under the order and direction of the City Council of the City of Waterloo, Iowa, the storm and sanitary sewer and water main improvements for Tower Park-Part of Tract F, hereinafter legally described, have been completed, the total ascertained to be the sum of $40, 586 . 25 . Lockard Development, Inc . and Grimes Port Jones Schwerdt $38, 172 . 66 Unplatted Waterloo West NE NE Except Highway Section 9 Township 88 Range 13 and Except that part described in Book 550 Page 519 and except that part platted to Tower Park and except that part described as commencing at NW corner said NE NE thence South along West line said NE NE a distance of 202 . 35 feet to point of beginning thence Southeasterly along a non-tangent curve concave Northeasterly having a radius of 230 feet and a long chord bearing South 38°19' 55" East a distance of 28 . 87 feet; thence Southerly along a curve concave Westerly having a radius of 15 feet and a long chord bearing South 01°19' 04" West a distance of 22 . 64 feet; thence South 44°33 ' 46" West a distance of 24 . 16 feet to West line said NE NE thence North along said West line a distance of 60 . 39 feet to point of beginning and except that part of above described lying within the following described: parcel of land located in the NE NE Section 9 Township 88 Range 13 and part of Tract A Tower Park described as follows : beginning at most Southerly corner said Tract A thence North distance of 266 . 05 feet thence East distance of 24 . 77 feet thence North 24 . 20 feet thence West distance of 24 . 75 feet thence North distance of 374 . 75 feet to Southerly right-of- way line of Tower Park Drive thence Easterly on said Southerly right-of-way on a non-tangent curve concave Southerly having a radius of 665 feet and a long chord bearing South 87°25' 22" East distance of 69 . 97 feet thence Southeasterly on a curve concave Southwesterly having a radius of 263 . 72 feet and a long chord bearing South 62°12 ' 15" East distance of 204 . 40 feet thence Southeasterly on a curve concave Northeasterly having a radius of 284 . 80 feet and a long chord bearing South 52°45' 27" East distance of 126 . 83 feet thence Southeasterly on a curve concave Northeasterly having a radius of 284 . 80 feet and a long chord bearing South 67°58 ' 45" East distance of 24 . 50 feet thence South 19°33 ' 24" West distance of 51 . 57 feet thence South distance of 150 . 31 feet thence South 50°42 ' 06" West a distance of 449 .48 feet to point of beginning, all in the City of Waterloo, Black Hawk County, Iowa. Tower Park LC $2 , 413 . 59 Unplatted Waterloo West that part of NE NE Section 9 Township 88 Range 13 lying within the following legal description: Parcel of land located in the NE NE Section 9 Township 88 Range 13 and part of Tract A Tower Park Described as follows : Beginning at most Southerly corner said Tract A thence North distance of 266 . 05 feet thence East distance of 24 . 77 feet thence North 24 . 20 feet thence West distance of 24 . 75 feet Resolution No. 1999-64 Page 2 thence North distance of 374 . 75 feet to southerly right-of- way line of Tower Park Drive thence Easterly on said Southerly right-of-way on a non-tangent curve concave Southerly having a radius of 665 feet and a long chord bearing South 87°25' 22" East distance of 69 . 97 feet thence Southeasterly on a curve concave Southwesterly having a radius of 263 . 72 feet and a long chord bearing South 62°12 ' 15" East distance of 204 . 40 feet thence Southeasterly on a curve concave Northeasterly having a radius of 284 . 80 feet and a long chord bearing South 52°45' 27"East distance of 126 . 83 feet thence Southeasterly on a curve concave Northeasterly having a radius of 284 . 80 feet and a long chord bearing South 67°58 ' 45" East distance of 24 . 50 feet thence South 19°33 ' 24" West distance of 51 . 57 feet thence South distance of 150 . 31 feet thence South 50°42 ' 06" West a distance of 449 .48 feet to point of beginning except that part lying within Tract A of Tower Park, all in the City of Waterloo, Black Hawk County, Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA: That after full consideration of the final schedule of assessments and accompanying plat showing the assessments proposed to be made for the storm and sanitary sewer and water main improvements for Tower Park-Part of Tract F, within the City, which final plat and schedule was filed in the office of the City Clerk on the 3'd day of February 1999, said assessments are hereby corrected by making the following changes and reductions : Name of Proposed Proposed Corrected Corrected Property Final Final Final Final Owner and Assessment Conditional Assessment Conditional Description Deficiency Deficiency of Property If Any NONE All other objections filed are hereby overruled; and after full consideration, appraisement, and apportionment of the special benefits conferred upon the properties shown on said schedule and plat of the said improvements, this Council finds that the said property is specially benefited by the said improvements in the amounts shown on said schedule; as herein corrected; and that the said amounts are in proportion to the special benefits conferred upon the properties by said improvements, and are not in excess of such benefits and are not in excess of 25% of the actual value of the lots, parts of lots and parcels of land shown in said schedule . BE IT FURTHER RESOLVED that the said schedule of assessments and accompanying plat, be and the same are hereby approved and adopted and that there be, and is hereby assessed and levied, as a special tax against and upon each of the lots, parts of lots and parcels of land, and the owner or owners thereof liable to assessment for the cost of said improvements, the respective sums expressed in figures set opposite of each of the same on account of the cost of the construction of the said improvements . Provided further, that the amounts shown in said final schedule of assessments as deficiencies are found to be proper and are levied conditionally against the respective properties benefited by the improvements as shown in the schedule, subject to the provisions of Section 394 . 63, Code of Iowa. Said assessments against said lots and parcels of land are hereby declared to be in proportion of the special benefits conferred upon said property by said improvements, and not in excess thereof, and not in excess of 25% Resolution No. 1999-64 Page 3 of the value of the same . BE IT FURTHER RESOLVED that said assessment shall be payable in ten equal annual installments and shall bear interest at the rate of 8% per annum from the date of the acceptance of the improvement, February 8, 1999, the first installment of each assessment, with interest on the whole assessment from date of acceptance of the work by the Council, shall become due and payable on July 1, 1999, succeeding annual installments, with interest on the whole unpaid amount, shall respectively become due on July 1st annually thereafter, and shall be paid at the same time and in the same manner as the September semi-annual payment of ordinary taxes . Said assessments shall be payable at the office of the County Treasurer of Black Hawk County, Iowa, and the same may be paid there or at the office of the City Clerk in full or in part and without interest within thirty days after the date of the certification of the plat and schedule of assessments to the County Treasurer of Black Hawk County, Iowa. BE IT FURTHER RESOLVED that the Clerk be and she is hereby directed to certify said final plat and schedule to the County Treasurer of Black Hawk County, Iowa. PASSED AND ADOPTED this 8th day of February, 1999 . John R. Doff; Mayor ATTEST: Nancy EckVrt, City Clerk