HomeMy WebLinkAbout2023-305-05.15.2023 (RECORDED) I IIIIIII IIIII III IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII II II I I II
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Black Hawk County Iowa
SANDIE L. SMITH RECORDER
Fi"e2023-00016178
Prepared by LeAnn M. Even, Deputy City Clerk, City of Waterloo, 715 Mulberry Street,
Waterloo, IA 50703, (319)291-4323.
RESOLUTION NO. 2023-305
RESOLUTION APPROVING REQUEST OF ZACH BUCHHEIT
FOR A WAIVER FOR A CONCRETE DRIVEWAY, LOCATED
AT 800 W. PARKER STREET, WITH THE ELIMINATION OF
THE SIDEWALK SECTION DUE TO INABILITY TO MEET
GRADE REQUIREMENTS.
WHEREAS, the City Engineer has made written application to the City Council asking
that Zach Buchheit, be authorized and permitted to construct a concrete driveway, with the
elimination of the sidewalk section due to the inability to meet grade requirements, located at 800
W. Parker Street and legally described as follows:
ALL OF LOTS NOS.7,8,9, 17 AND 18,AND A PART OF LOT NOS.6, 16, 19 AND VACATED ALLEY IN
BLOCK NO. (1)IN CHRISTIE ADDITION IN THE CITY OF WATERLOO,IOWA,BOUNDED AS FOLLOWS:
BEGINNING AT A POINT IN THE NORTH LINE OF WEST PARKER STREET WHICH IS 15 FEET WEST
OF THE CENTERLINE OF THE WATERLOO RAILROAD COMPANY'S MAIN TRACK AS NOW LOCATED,
MEASURED AT A RIGHT ANGLE THERETO;THENCE WEST ALONG THE NORTH LINE OF SAID WEST
PARKER STREET 135 FEET TO A POINT WHICH IS 20 FEET EAST OF THE SOUTHWEST CORNER OF
SAID LOT NO. 16; THENCE NORTH ALONG A LINE WHICH IS PARALLEL WITH THE WEST LINE OF
SAID LOT NO. 16 155 FEET TO THE SOUTH LINE OF THE VACATED ALLEY IN SAID BLOCK NO.1;
THENCE WEST ALONG THE SOUTH LINE OF SAID VACATED ALLEY 20 FEET; THENCE NORTH
ACROSS SAID VACATED ALLEY AND ALONG THE WEST LINE OF SAID LOT NO. 9 175 FEET TO THE
SOUTH LINE OF VACATED EDISON STREET {FORMERLY SCHULTZ STREET);THENCE EAST ALONG
THE SOUTH LINE OF SAID VACATED EDISON STREET 153 FEET MORE OR LESS TO A POINT WHICH
IS 15 FEET WEST OF THE CENTER LINE OF SAID MAIN TRACK, MEASURED AT A RIGHT ANGLE
THERETO; THENCE SOUTH PARALLEL WITH THE CENTER LINE OF SAID MAIN TRACK 330 FEET
MORE OR LESS TO THE POINT OF BEGINNING.
ALSO ALL OF LOTS NOS, 1, 2, 3, 4, 5, 20, 21, 22, 23 AND 24, AND A PART OF LOTS NOS. 6, 19 AND
VACATED ALLEY IN SAID BLOCK NO. 1; ALL OF LOTS NOS. 1, 2, 3,4, 5, 20,21, 22, 23 AND 24 AND A
PART OF LOTS NOS. 6, 19 AND VACATED ALLEY IN BLOCK NO 2 AND A PART OF VACATED EDISON
STREET {FORMERLY SCHULTZ STREET) IN SAID CHRISTIE ADITION, BOUNDED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF LOT NO. 24 IN SAID BLOCK NO.1; THENCE NORTH
ALONG THE EAST LINE OF LOTS NOS.24 AND 1 AND ACROSS THE VACATED ALLEY IN BLOCK NO,
1, ACROSS SAID VACATED EDISON STREET, AND ALONG THE EAST LINE OF LOTS NOS. 24 AND 1
AND ACROSS VACATED ALLEY IN SAID BLOCK NO.2 696 FEET MORE OR LESS TO THE SOUTH LINE
OF BREES STREET;THENCE WEST ALONG THE SOUTH LINE OF SAID BREES STREET TO A POINT 15
FEET EAST OF THE CENTERLINE OF THE SAID WATERLOO RAILROAD COMPANY'S MAIN TRACK AS
NOW LOCATED, MEASURED AT A RIGHT ANGLE THERETO;THENCE SOUTH PARALLEL WITH THE
CENTERLINE OF SAID MAIN TRACK 696 FEET MORE OR LESS TO THE NORTH LINE OF WEST
PARKER STREET; THENCE EAST ALONG THE NORTH LINE OF SAID WEST PARKER STREET TO THE
POINT OF BEGINNING.
ALSO ALL THAT PART OF LOT NO. 21 IN BLOCK NO. 4 IN "ROSEBUD ADDITION" IN WATERLOO,
IOWA, BEING A 1 FOOT WIDE STRIP, LYING BETWEEN THE SOUTH LINE OF BREES STREET
EXTENDED AND THE SOUTH LINE OF VACATED EDISON STREET (FORMERLY SCHULTZ STREET)
EXTENDED.
ALSO ALL THAT PART OF ASHLAND AVENUE (NOW VACATED)AS PLATED 32 FEET WIDE IN SAID
"ROSEBUD ADDITION" LYING BETWEEN THE SOUTH LINE OF BREES STREET EXTENDED AND THE
SOUTH LINE OF VACATED EDISON STREET(FORMERLY SCHULTZ STREET)EXTENDED.
ALSO ALL THAT PART OF ASHLAND AVENUE(NOW VACATED)AS PLATED 54.9 FEETWIDE IN SAID
CHRISTIE ADDITION LYING BETWEEN THE SOUTH LINE OF BREES STREET EXTENDED AND THE
NORTH LINE OF WEST PARKER STREET EXTENDED.
ALSO ALL THAT PART OF LOT NO. 6 IN BLOCK NO. 1 IN SAID "ROSEBUD ADDITION", BEING A 1
FOOT WIDE STRIP, LYING BETWEEN THE WEST LINE OF ASHLAND AVENUE (NOW VACATED)
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Resolution 2023-305
Page 2
EXTENDED AND THE EAST LINE OF LOT NO. 12 IN BLOCK NO. 5, EXTENDED, OF SAID "ROSEBUD
ADDITION".
ALSO ALL THAT PART OF VACATED EDISON STREET (FORMERLY SCHULTZ STREET) IN SAID
"ROSEBUD ADDITION" LYING BETWEEN THE WEST LINE OF ASHLAND AVENUE(NOW VACATED)
EXTENDED AND THE EAST LINE OF LOT NO. 12 IN BLOCK NO. 5 EXTENDED OF SAID "ROSEBUD
ADDITION".
ALSO ALL OF LOTS NOS. 7,9,10,11 AND 12 AND THE WEST 80 FEET OF LOT NO. 8 ALL IN BLOCK NO.
5 IN SAID"ROSEBUD ADDITION".
AND
THOSE PARTS OF THE SOUTHWEST QUARTER OF SECTION NO. 14, TOWNSHIP NO. 89 NORTH,
RANGE NO. 13 WEST OF THE FIFTH PRINCIPAL MERIDIAN, IN BLACK HAWK COUNTY, IOWA,
DESCRIBED AS FOLLOWS: PARCEL "B" OF PLAT OF SURVEY 317 MISC 19, BEING PART OF SAID
SOUTHWEST QUARTER; AND THE WEST 6 RODS OF THE SOUTH 24 RODS OF THE SOUTHWEST
QUARTER OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 14,
EXCEPT THAT PART INCLUDED IN PARKER STREET.
ALSO DESCRIBED AS: ALL OF LOTS NOS. 7, 8,9, 17 AND 18 AND A PART OF LOTS NOS.6, 16, 19 AND
VACATED ALLEY IN BLOCK NO. 1 IN CHRISTIE ADDITION TO THE CITY OF WATERLOO, IOWA,
BOUNDED AS FOLLOWS: BEGINNING AT A POINT IN THE NORTH LINE OF WEST PARKER STREET
WHICH IS 15 FEET OF THE CENTERLINE OF THE WATERLOO RAILROAD COMPANY'S MAIN TRACK,
AS NOW LOCATED, MEASURED AT A RIGHT ANGLE THERETO; THENCE WEST ALONG THE NORTH
LINE OF SAID WEST PARKER STREET A DISTANCE OF 135 FEET TO A POINT WHICH IS 20 FEET EAST
OF THE SOUTHWEST CORNER OF SAID LOT NO. 16; THENCE NORTH ALONG A LINE WHICH IS
PARALLEL WITH THE WEST LINE OF SAID LOT NO. 16 A DISTANCE OF 155 FEET TO THE SOUTH
LINE OF THE VACATED ALLEY IN SAID BLOCK NO. 1; THENCE WEST ALONG THE SOUTH LINE OF
SAID VACATED ALLEY A DISTANCE OF 20 FEET; THENCE NORTH ACROSS VACATED ALLEY AND
ALONG THE WEST LINE OF SAID LOT NO. 9 A DISTANCE OF 175 FEET TO THE SOUTH LINE OF
EDISON STREET; THENCE EAST ALONG THE SOUTH LINE OF EDISON STREET A DISTANCE OF 153
FEET, MORE OR LESS, TO A POINT WHICH IS 15 FEET WEST OF THE CENTERLINE OF SAID MAIN
TRACK, MEASURED AT RIGHT ANGLES THERETO; THENCE SOUTH PARALLEL WITH THE
CENTERLINE OF SAID MAIN TRACK A DISTANCE OF 330 FEET, MORE OR LESS, TO THE POINT OF
BEGINNING.
ALSO ALL OF LOTS NO. 5 AND 20 AND A PART OF LOTS NOS. 6, 19 AND VACATED ALLEY IN SAID
BLOCK NO. 1, ALL OF LOTS NOS. 5 AND 20 AND A PART OF LOTS NOS. 6 AND 19 AND VACATED
ALLEY IN BLOCK NO. 2 AND PART OF VACATED EDISON STREET IN SAID CHRISTIE ADDITION TO
THE CITY OF WATERLOO, IOWA, BOUNDED AS FOLLOWS: BEGINNING AT THE SOUTHEAST
CORNER OF LOT NO.20 IN SAID BLOCK NO. 1;THENCE NORTH ALONG THE EAST LINE OF LOTS NO.
20 AND 5 AND ACROSS THE VACATED ALLEY IN BLOCK NO. 1,ACROSS VACATED EDISON STREET,
AND ALONG THE EAST LINE OF LOTS NOS. 20 AND 5 AND ACROSS VACATED ALLEY IN SAID
BLOCK NO. 2 A DISTANCE OF 696 FEET, MORE OR LESS, TO THE SOUTH LINE OF BREES STREET;
THENCE WEST ALONG THE SOUTH LINE OF BREES STREET A DISTANCE OF 57 FEET TO A POINT 15
FEET EAST OF THE CENTERLINE OF THE WATERLOO RAILROAD COMPANY'S MAIN TRACK AS
NOW LOCATED, MEASURED AT A RIGHT ANGLE THERETO; THENCE SOUTH PARALLEL WITH THE
CENTERLINE OF SAID MAIN TRACK A DISTANCE OF 696 FEET,MORE OR LESS,TO THE NORTH LINE
OF WEST PARKER STREET; THENCE EAST ALONG THE NORTH LINE OF SAID WEST PARKER
STREET A DISTANCE OF 55 FEET,MORE OR LESS, TO THE POINT OF BEGINNING." "THAT PART OF
ASHLAND AVENUE BETWEEN WEST PARKER STREET AND BREES STREET AND THAT PART OF
EDISON STREET BETWEEN ASHLAND AVENUE AND THE ALLEY EAST OF LOT 12, BLOCK 5,
ROSEBUD ADDITION, OWNED BY THE CITY OF WATERLOO, IOWA." "SITUATED IN THE CITY OF
WATERLOO, COUNTY OF BLACK HAWK, STATE OF IOWA, AND BEING: LOTS NOS. ONE (1), TWO
(2),THREE(3),FOUR(4),TWENTY-ONE(21),TWENTY-TWO(22),TWENTY-THREE(23)AND TWENTY-
FOUR(24) IN BLOCK NO. ONE(1);AND LOTS NOS. ONE(1),TWO(2),THREE(3), FOUR(4),TWENTY-
ONE(21),TWENTY-TWO(22),TWENTY-THREE(23)AND TWENTY-FOUR(24)IN BLOCK NO.TWO(2);
ALL IN CHRISTIE ADDITION IN THE CITY OF WATERLOO,IOWA.
ALSO: A PART OF THE ALLEY IN BLOCK NO. ONE (1), IN CHRISTIE ADDITION IN THE CITY OF
WATERLOO, IOWA, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEASTERLY CORNER
OF LOT NO. ONE (1), IN SAID BLOCK NO. ONE (1); RUNNING THENCE WEST ALONG THE SOUTH
LINE OF LOTS NOS. ONE(1),TWO(2),THREE(3)AND FOUR(4), IN SAID BLOCK NO. ONE(1)TO THE
SOUTHWEST CORNER OF SAID LOT NO. FOUR(4); THENCE SOUTH TO THE NORTHWEST CORNER
OF LOT NO. TWENTY-ONE (21), IN SAID BLOCK NO. ONE (1); THENCE EAST ALONG THE NORTH
LINE OF LOTS NOS. TWENTY-ONE (21), TWENTY-TWO (22), TWENTY-THREE (23) AND TWENTY-
Resolution 2023-305
Page 3
FOUR(24), IN SAID BLOCK NO. ONE (1), TO THE NORTHEAST CORNER OF SAID LOT NO. TWENTY-
FOUR (24); THENCE NORTH ALONG THE WEST LINE OF ASHLAND AVENUE A DISTANCE OF
TWENTY(20)FEET TO THE POINT OF BEGINNING.
ALSO A PART OF THE ALLEY IN BLOCK NO. TWO (2), IN CHRISTIE ADDITION IN THE CITY OF
WATERLOO, IOWA, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEASTERLY CORNER
OF LOT NO. ONE (1), IN SAID BLOCK NO. TWO (2); RUNNING THENCE WEST ALONG THE SOUTH
LINE OF LOTS NOS.ONE(1),TWO(2),THREE(3)AND FOUR(4),IN SAID BLOCK NO.TWO(2),TO THE
SOUTHWEST CORNER OF SAID LOT NO. FOUR ( 4); THENCE SOUTH TO THE NORTHWEST CORNER
OF LOT NO. TWENTY-ONE (21), IN SAID BLOCK NO. TWO (2); THENCE EAST ALONG THE NORTH
LINE OF LOTS NOS. TWENTY-ONE (21), TWENTY-TWO (22), TWENTY-THREE (23) AND TWENTY-
FOUR(24), IN SAID BLOCK NO. TWO (2), TO THE NORTHEAST CORNER OF SAID LOT NO. TWENTY
(24);THENCE NORTH ALONG THE WEST LINE OF ASHLAND AVENUE A DISTANCE OF TWENTY(20)
FEET TO THE POINT OF BEGINNING.
ALSO A PART OF EDISON STREET (NOW VACATED) DESCRIBED AS FOLLOWS: COMMENCING AT
THE SOUTHEAST CORNER OF BLOCK NO. TWO (2) IN CHRISTIE ADDITION IN THE CITY OF
WATERLOO, IOWA; RUNNING THENCE WEST ALONG THE SOUTH LINE OF BLOCK NO. TWO(2) TO
THE SOUTHWEST CORNER OF LOT NO. TWENTY-ONE (21), IN SAID BLOCK NO. TWO (2); THENCE
SOUTH A DISTANCE OF SIXTY-SIX(66)FEET TO THE NORTHWEST CORNER OF LOT NO.FOUR(4),IN
BLOCK NO. ONE (1), IN SAID CHRISTIE ADDITION IN THE CITY OF WATERLOO, IOWA; THENCE
EAST ALONG THE NORTH LINE OF SAID BLOCK NO. ONE(1)TO THE NORTHEAST CORNER OF SAID
BLOCK NO. ONE (1); THENCE NORTH ALONG THE WEST LINE OF ASHLAND AVENUE A DISTANCE
OF SIXTY-SIX (66) FEET TO THE POINT OF BEGINNING. SITUATED IN THE CITY OF WATERLOO,
COUNTY OF BLACK HAWK,AND STATE OF IOWA,AND BEING THE WEST EIGHTY(80)FEET OF LOT
NO. EIGHT (8) AND ALL LOTS NOS. SEVEN (7), NINE (9), TEN (10), ELEVEN (11) AND TWELVE (12),
ALL IN BLOCK NO.FIVE(5),IN"ROSEBUD ADDITION",IN WATERLOO,IOWA."
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 Zach Buchheit, to construct a concrete driveway, with the elimination of the sidewalk section
due to the inability to meet grade requirements, located at 800 W. Parker Street subject to the
following conditions:
1. Work is to be performed by an approved and bonded contractor.
2. A permit is to be obtained from the office of the City Engineer prior to
construction.
3. All work shall be under the supervision of the City Engineer and at no cost
to the City of Waterloo.
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 15th day of May 2023.
Querctirt ilart
Quentin Hart, Mayor
ATTEST:
?(aCey Eekh TA'
Kelley Felchle, City Clerk
Resolution 2023-305
Page 4
CERTIFICATE
I, Kelley Felchle, City Clerk of the City of Waterloo, Iowa, do hereby certify that the
preceding is a true and complete copy of Resolution 2023-305 as passed and adopted by the
Council of the City of Waterloo, Iowa, on the 15`h day of May 2023.
Witness my hand and seal of office this 15`h day of May 2023.
i rrey FelchCe
Kelley Felchle, City Clerk
SEAL
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