HomeMy WebLinkAbout1999-541-08.12.1999 This Resolution prepared by Nancy Eckert, City Clerk, 715 Mulberry
Street, Waterloo, Iowa.
RESOLUTION NO. 1999-541
RESOLUTION AUTHORIZING THE CONDEMNATION OF
CERTAIN PARCELS OF REAL PROPERTY FOR THE
MARTIN LUTHER KING JR. DRIVE PROJECT.
WHEREAS, the City of Waterloo, Iowa, has undertaken the
Martin Luther King Jr. Drive Project and the parcels of land
hereinafter described have been appraised and an offer made to the
owners of said property in the amount of the appraised value and
said offers have been refused and funds are available with which
to pay for the said parcels from City funds; and
WHEREAS, the acquisition, by Temporary Easement, Permanent
Easement, or Fee Simple Title of the hereinafter described real
property is necessary in connection with the said Martin Luther
King Jr. Drive Project .
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF WATERLOO, IOWA, that the following described parcels of
real property be acquired by condemnation in the manner provided
by law, and such other further action as may be necessary to
effect acquisition:
Parcel No. 73
Partial Acquisition
Willard Frost, Owner
A parcel of land located in the Northeast 1/ of the
Southeast 1/ and the Southeast % of the Northeast % of
Section 20, Township 89 North, Range 12 West of the
Fifth Principal Meridian, in the City of Waterloo,
Black Hawk County, Iowa, more particularly described as
follows :
Commencing at the Northeast corner of said Section 20;
thence South 89°34 ' 19" West on the North line of the
Northeast 1/ of said Section 20 a distance of 330 . 00
feet; thence South 01°00 ' 40" East parallel with the East
line of the Northeast 1/ of said Section 20 a distance
of 2 , 083 .45 feet to the point of beginning of the
parcel herein described; thence continuing South
01°00 ' 40" East a distance of 295 . 58 feet to the present
Northerly right-of-way line of the Union Pacific
Railroad; thence South 69°43 ' 17" West on the present
Northerly right-of-way line of the Union Pacific
Railroad a distance of 1, 045 . 82 feet (1, 045 . 50 feet
record) to the West line of the Northeast 1/ of the
Southeast 1/ of said Section 20; thence North 01°07 ' 05"
West on the West line of the Northeast 1/ of the
Southeast 1/ of said Section 20 a distance of 85 . 59 feet
(85 . 32 feet record) to the Southwest corner of the
Southeast 1/ of the Northeast 1/ of said Section 20;
thence North 01°03 ' 41" West on the West line of the
Southeast 1/ of the Northeast 1/ of said Section 20 a
distance of 639 . 17 feet; thence North 84°51 ' 27" East a
distance of 346 . 74 feet; thence Southeasterly on a
1, 393 . 24-foot radius curve concave Southerly and having
a 650 . 00-foot long chord bearing South 81°34 ' 58" East a
distance of 656 . 04 feet (arc length) to the point of
beginning; containing 12 . 55 acres, all in the City of
Waterloo, Black Hawk County, Iowa.
Resolution No. 1999-541
Page 2
Basis of bearings : the North line of the Northeast 1/ of
said Section 20 is assumed to bear South 89°34 ' 19" West
for the purpose of this description.
Parcel No. 105
Partial Acquisition
Donna M. Yount and Willard Frost, Owners
A parcel of land located in the Northwest 1/ of the
Southwest 1/ of Section 21, Township 89 North, Range 12
West of the Fifth Principal Meridian, in the City of
Waterloo, Black Hawk County, Iowa, more particularly
described as follows :
Commencing at the Northwest corner of the Southwest 1/1
of said Section 21; thence North 89°49 ' 28" East on the
North line of the Northwest 1/ of the Southwest 1/ of
said Section 21 a distance of 329 . 90 feet to the point
of beginning of the parcel herein described; thence
continuing North 89°49 ' 28" East on the North line of the
Northwest 1/ of the Southwest 1/ of said Section 21 a
distance of 989 . 83 feet to the Northeast corner of the
Northwest 1/ of the Southwest 1/ of said Section 21;
thence South 01°00 ' 20" East on the East line of the
Northwest 1/ of the Southwest 1/ of said Section 21 a
distance of 2 , 630 . 05 feet; thence Northwesterly on a
2 , 406 . 83-foot radius curve concave Northeasterly and
having a 929 .47-foot long chord bearing North 76°25 ' 35"
West a distance of 935 . 34 feet (arc length) ; thence
North 65°17 ' 37" West a distance of 100 . 10 feet to the
point of beginning; containing 3 . 84 acres, all in the
City of Waterloo, Black Hawk County, Iowa.
Basis of bearings : the North line of the Northwest 4 of
the Southwest % of said Section 21 is assumed to bear
North 89°49 ' 28" East for the purpose of this
description.
Parcel No. 74
Partial Acquisition
Pape Grain, Company, Owner
A parcel of land located in the Southeast 1/ of the
Northeast % of Section 20, Township 89 North, Range 12
West of the Fifth Principal Meridian, in the City of
Waterloo, Black Hawk County, Iowa, more particularly
described as follows :
Commencing at the Northeast corner of the Northeast 1/
of said Section 20; thence South 01°00 ' 40" East on the
East line of the Northeast 1/ of said Section 20 a
distance of 2 , 259 . 35 feet (2 , 259 . 34 feet record) to the
present Northerly right-of-way line of the Union
Pacific Railroad, the point of beginning of the parcel
herein described; thence south 69°34 ' 17" West on the
present Northerly right-of-way line of the Union
Pacific Railroad a distance of 349 . 88 feet (349 . 80 feet
record) ; thence North 01°00 ' 40" West a distance of
295 . 58 feet; thence South 62°29 ' 52 " East a distance of
375 . 53 feet to the point of beginning; containing 1 . 12
acres, all in the City of Waterloo, Black Hawk County,
Iowa.
Basis of bearings : the East line of the Northeast 1/ of
said Section 20 is assumed to bear South 01°00 '40" East
for the purpose of this description.
Resolution No. 1999-541
Page 3
Parcel No. 106
Partial Acquisition
Bradley Estate, Owner
A parcel of land located in the Northeast 1/ of the
Southwest 1/ of Section 21, Township 89 North, Range 12
West of the Fifth Principal Meridian, in the City of
Waterloo, Black Hawk County, Iowa, more particularly
described as follows :
Commencing at the Northwest corner of the Southwest 1/
of said Section 21; thence North 89°49 ' 28" East on the
North line of the Northwest 1/ of the Southwest 1/ of
said Section 21 a distance of 1, 319 . 73 feet to the
Northwest corner of the Northeast % of the southwest 1/
of said Section 21, the point of beginning of the
parcel herein described; thence North 89°50 ' 23 " East on
the North line of the Northeast 1/ of the Southwest % of
said Section 21 a distance of 1, 319 . 70 feet to the
Northeast corner of the Southwest % of said Section 21;
thence South 00°53 ' 04" East of the East line of the
Southwest 1/ of said Section 21 a distance of 250 . 31
feet; thence South 89°49 ' 47" West a distance of 1, 068 . 90
feet; thence South 86°58 ' 05" West a distance of 250 . 39
feet to the West line of the Northeast 1/ of the
Southwest % of said Section 21; thence North 01°00 ' 20"
West on the West line of the Northeast % of the
Southwest % of said Section 21 a distance of 263 . 05
feet to the point of beginning; containing 7 . 62 acres,
all in the City of Waterloo, Black Hawk County, Iowa.
Basis of bearings : the North line of the Northwest 1/ of
the Southwest 1/ of said Section 21 is assumed to bear
North 89°49 ' 28" East for the purpose of this
description.
Parcel No. 102
Partial Acquisition
Joan Tietz, Owner
A parcel of land located in the Southeast % of the
Southwest % of Section 20, Township 89 North, Range 12
West of the Fifth Principal Meridian, in the City of
Waterloo, Black Hawk County, Iowa, more particularly
described as follows :
Commencing at the Southwest corner of said Section 20;
thence North 89°32 ' 32 " East on the South line of the
Southwest 1/ of said Section 20 a distance of 1, 543 . 50
feet; thence North 00°41 ' 58" West a distance of 852 . 72
feet to the point of beginning of the parcel herein
described; thence continuing North 00°41 ' 58" West a
distance of 137 .28 feet to a point which is 1, 543 . 90
feet East of the West line of the Southwest % of said
Section 20 (as measured parallel with the South line of
the Southwest 1/ of said Section 20) ; thence North
89°32 ' 32 " East a distance of 88 . 00 feet; thence South
00°41 ' 58" East a distance of 44 . 27 feet; thence
Southwesterly on a 641 .20-foot radius curve concave
Southeasterly and having a 127 . 77-foot long chord
bearing South 42°49 '45" West a distance of 127 . 99 feet
(arc length) to the point of beginning; containing 0 . 18
acre, all in the City of Waterloo, Black Hawk County,
Iowa.
Basis of bearings : the South line of the Southwest 1/ of
Resolution No. 1999-541
Page 4
said Section 20 is assumed to bear North 89°32 ' 32" East
for the purpose of this description.
Parcel No. 103
Partial Acquisition
Joan Tietz, Owner
A parcel of land located in the Northeast 4 of the
Southwest % of Section 20, Township 89 North, Range 12
West of the Fifth Principal Meridian, in the City of
Waterloo, Black Hawk County, Iowa, more particularly
described as follows :
Commencing at the Southwest corner of Said Section 20;
thence North 89°32 ' 32 " East on the South line of the
Southwest 1% of said Section 20 a distance of 1, 631 . 50
feet; thence North 00°41 ' 58" West a distance of 945 . 74
feet to the point of beginning of the parcel herein
described; thence continuing North 00°41 ' 58" West a
distance of 44 .27 feet to a point which is 1, 631 . 90
feet East on the West line of the Southwest % of said
Section 20 (measured parallel with the South line of
the Southwest 1% of said Section 20) ; thence North
89°32 ' 32 " East a distance of 57 . 34 feet; thence
Southwesterly on a 641 . 20-foot radius curve concave
southeasterly and having a 72 . 29-foot long chord
bearing South 51°46 ' 43 " West a distance of 72 . 33 feet
(arc length) to the point of beginning; containing 0 . 03
acre, all in the City of Waterloo, Black Hawk County,
Iowa.
Basis of bearings : the South line of the Southwest 1/ of
said Section 20 is assumed to bear North 89°32 ' 32" East
for the purpose of this description.
NOW, THEREFORE, BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF
THE CITY OF WATERLOO, IOWA, that if the owners of said property
and the City of Waterloo, Iowa, agree to a settlement prior to the
time and date for commencement of condemnation proceedings, such
further action relating to the condemnation shall be null and void
and the Mayor and City Clerk be authorized and directed to execute
all instruments necessary to consummate the agreement to purchase
the properties from the owners thereof, and the deeds for the
conveyance of the same are also accepted and approved and the City
of Waterloo is directed to pay for the properties and the
incidental expenses necessary to the consummation of the sales
from City funds .
PASSED AND ADOPTED this l2th day of August, 1999 .
Harold Getty, Mayo ro Tem
ATTEST:
Nancy Eck t, City Clerk