HomeMy WebLinkAbout1981-288-06.08.1981 RESOLUTION NO . 1981-288
RESOLUTION GRANTING A VARIANCE TO ORDINANCE
NO . 3094 , NOISE ORDINANCE .
WHEREAS , Tunis Speedway has made application to the City of
Waterloo , Iowa for a variance to Ordinance No. 3094 , Noise
Ordinance, for July 5 , 1981 , or rain date, and
WHEREAS , the following stipulations have been agreed to by
both parties :
1) races will only be run between the hours of 4 : 30
P .M. and 9 : 00 P.M.
2 ) all cars will be equipped with mufflers , now , therefore ,
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA
that Tunis Speedway be allowed a variance to Ordinance No. 3094,
Noise Ordinance with the above two ( 2 ) stipulations .
Passed and adopted this 8th day of June , 1981 .
Leo P. Rooff, Ma r
ATTEST :
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Lar;IP urger, ty Clerk
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The Southeast Quarter (SE4) of Section No. Six (6) in Township No.
Eighty-nine (89) North Range of No. Twelve (12) West of the Fifth
Principal Meridian, in Black Hawk County, Iowa, except that part
thereof described as follows:
Beginning at a point on the South line of said Southeast Quarter (SE+)
which is Ninety-two and Eight Tenths (92. 8) feet East of the Southwest
corner of said Southeast Quarter (SE-1) ; thence N12°51'50"E Three Hundred
Ninety-six and Thirty-seven Hundredths (396. 37) feet; thence N 72022'30"E
Twenty-five and Twenty-nine Hundredths (25. 29) feet; thence S 74°08'50"E
One Hundred Thirty-three and Two Tenths (133. 2) feet; thence S61°44'00"E
Four Hundred Fifteen and Two Tenths (415. 2) feet; thence S 51°36'00"E
One Hundred Forty-seven and Eighteen Hundredths (147.18) feet; thence
S00°00"00"E Sixty-nine and Seventy-seven Hundredths (69. 77) feet to the
South line of said Southeast Quarter (SE4) ; thence West Seven Hundred
Twenty-one and Fifty-seven Hundredths (721. 57) feet to the point of
beginning, containing Four and Two Tenths (4. 2) acres and except legal
highways;
NOTE : The South line of said Southeast Quarter (SE/) is assumed to bear
N 90°00'E.
and excepting also that part of the Southeast Quarter (SE4) of Section Six
(6) , Township Eighty-nine North (T89N) , Range Twelve West (R12W) of
the Fifth Principal Meridian, Black Hawk County, Iowa described as follows:
Beginning at the Southwest corner of said Southeast Quarter (SE4) ; thence
N00037'47"W along the West line of said Southeast Quarter (SE/) a distance
of Four Hundred Sixty-eight (468) feet; thence S 40°39'33"E a distance of
Two Hundred Twenty-two and Seven Hundredths (222. 07) feet; thence
S01°16'25"W a distance of Two Hundred Ninety-eight and Eighty-five
Hundredths (298. 85) feet to the South line of said Southeast Quarter (SE4) ;
thence S 89°40'13"W a distance of One Hundred Thirty-two and Nine Tenths
(132. 9) feet to the point of beginning, containing 1. 22 Acres including
present established road.
NOTE : The North line .of the Southeast Quarter (SE4) of Section Six
(6) is assumed to bear N90°00"E.
FLOWAGE EASEMENT
The grantor reserves unto the City of Waterloo, Iowa its successors
and assigns, a flowage easement with the right, power and privilege to
overflow, flood and submerge the described areas, as may be necessary,
in connection with the construction, operation and maintenance of the
Waterloo, Iowa, local flood protection project; that the flowage across and
over said areas shall be specficially according to the Plan of Operation of
the United States Corps of Engineers as set forth in their Design Memorandum
No. 2, Virden Creek Dam and Pump Station, dated May, 1975; that while
the Cedar River elevation at gravity outlet and pumping station remains
below 843. 5 feet mean sea level, the gravity outlet at the Virden Creek
Dam and Pumping Station Plan shall remain completely open; that when the
Cedar River elevation at gravity outlet and pumping station goes or reaches
above 843. 5 feet mean sea level, the gravity outlet gate at the Virden Creek
Dam and Pumping Station Plant shall -be closed; that an extract of the Plan
of Operation from the Design Memorandum is attached hereto and made a part
of this easement. Provided further, that no structures shall be constructed
or maintained on the land except as may be approved in writing by the City
of Waterloo, Iowa, and the United States Army Corps of Engineers , and no
excavation shall be permitted and no landfill placed on the land without
approval as to the location and method of excavation of landfill. This
easement is taken subject to existing easements for public roads and highways ,
public utilities, railroads and pipelines ; granting, however, unto the
landowners, their heirs and assigns, use of such land so as not to interfere
with the local flood protection project. Further, that any use of the land
shall be subject to federal, state and local laws with respect to pollution.
This easement shall be a covenant running with the land and shall be binding
upon the parties, their heirs, successors and assigns.
EXI4I &T "4 "
That part of the Southwest Fractional Quarter (SW Frac. 1) of
Section Six (6) , Township Eighty-nine North (T89N) , Range
Twelve West (R12W) of the Fifth Principal Meridian, Black Hawk
County, Iowa, described as follows : Beginning at a point on
the East line of said Southwest Fractional Quarter (SW Frac.4)
which is Six Hundred Eighty-nine and Five Tenths (689. 5) feet
North of the Southeast corner of said Southwest Fractional
Quarter (SW Frac.;) ; thence N 01014'05"W a distance of One
Thousand Two Hundred Thirty-four and Thirty-nine Hundredths
(1234. 39) feet to the South line of the North Forty-seven (47)
acres of said Southwest Fractional Quarter (SW Frac.4) ;thence
S 89°25'18"W along said South line of North Forty-seven (47)
acres a distance of Seven Hundred Ninety-eight and Fifty-three
Hundredths (798. 53) feet; thence S26052'30"E a distance of Fifty-
two and Seventeen Hundredths (52. 17) feet; thence S63°14'36"W
a distance of One Hundred Thirty-six and Five Tenths (136. 5)
feet; thence S86°08'26"W a distance of Four Hundred Sixteen and
Two Tenths (416. 2) feet; thence S50°49'34"E a distance of One
Thousand Seven Hundred Twenty-five and Nine Tenths (1725. 9)
feet to the point of beginning, containing 19. 26 Acres.
NOTE : The West line of said Southwest Fractional Quarter
(SWFrac.4) is assumed to bear N00°00'E.
•
kh,A,T 6
FLOWAGE EASEMENT
The grantor reserves unto the City of Waterloo, Iowa its successors
and assigns, a flowage easement with the right, power and privilege to -
overflow, flood and submerge the described areas, as may be necessary,
in connection with the construction, operation and maintenance of the
Waterloo, Iowa, local flood protection project; that the flowage across and
over said areas shall be specficially according to the Plan of Operation of
the United States Corps of Engineers as set forth in their Design Memorandum
No. 2, Virden Creek Dam and Pump Station, dated May, 1975; that while
the Cedar River elevation at gravity outlet and pumping station remains
below 843. 5 feet mean sea level, the gravity outlet at the Virden Creek
Dam and Pumping Station Plan shall remain completely open; that when the
Cedar River elevation at gravity outlet and pumping station goes or reaches
above 843. 5 feet mean sea level, the gravity outlet gate at the Virden Creek
Dam and Pumping Station Plant shall -be closed; that an extract of the Plan
of Operation from the Design Memorandum is attached hereto and made a part
of this easement. Provided further, that no structures shall be constructed
-
or maintained on the land except as may be approved in writing by the City
of Waterloo, Iowa, and the United States Army Corps of Engineers, and no
excavation shall be permitted and no landfill placed on the land without
approval as to the location and method of excavation of landfill. This
easement is taken subject to existing easements for public roads and highways ,
• public utilities , railroads and pipelines ; granting, however, unto the
landowners, their heirs and assigns, use of such land so as not to interfere
with the local flood protection project. Further, that any use of the land
shall be subject to federal, state and local laws with respect to pollution.
This easement shall be a covenant running with the land and shall be binding
upon the parties, their heirs, successors and assigns.
The South Six Hundred (600) feet of the West
One Thousand Two Hundred (1200) feet of the
Northeast Fractional Quarter (NE Frac.1) of
Section Six (6) , Township Eighty-nine North
(T89N) , Range Twelve West (R12W) of the Fifth
Principal Meridian in Black County, Iowa,
containing 16. 53 Acres.
**See Attachment.
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FLOWAGE EASEMENT
The grantor reserves unto the City of Waterloo, Iowa its successors
and assigns, a flowage easement with the right, power and privilege to
overflow, flood and submerge the described areas, as may be necessary,
in connection with the construction, operation and maintenance of the
Waterloo, Iowa, local flood protection project; that the flowage across and
over said areas shall be specficially according to the Plan of Operation of
the United States Corps of Engineers as set forth in their Design Memorandum
No. 2, Virden Creek Dam and Pump Station, dated May, 1975; that while
the Cedar River elevation at gravity outlet and pumping station remains
below 843. 5 feet mean sea level, the gravity outlet at the Virden Creek
Dam and Pumping Station Plan shall remain completely open; that when the
Cedar River elevation at gravity outlet and pumping station goes or reaches
above 843. 5 feet mean sea level, the gravity outlet gate at the Virden Creek
Dam and Pumping Station Plant shall be closed; that an extract of the Plan
of Operation from the Design Memorandum is attached hereto and made a part
of this easement. Provided further, that no structures shall be constructed
or maintained on the land except as may be approved in writing by the City
of Waterloo, Iowa, and the United States Army Corps of Engineers, and no
excavation shall be permitted and no landfill placed on the land without
approval as to the'location and method of excavation of landfill. This
easement is taken subject to existing easements for public roads and highways
public utilities , railroads and pipelines ; granting, however, unto the
landowners , their heirs and assigns, use of such land so as not to interfere
with the local flood protection project. Further, that any use of the land
shall be 'subject to federal, state and local laws with respect to pollution.
This easement shall be a covenant running with the land and shall be binding
upon the parties, their heirs, successors and assigns. k/-j /�,j C,