HomeMy WebLinkAbout5698-05.15.2023 (RECORDED) 111111 III 11111 liii I I I I II II 1101111
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Recorded: 07/05/2023 at 02:59:20 PM
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Black Hawk County Iowa
SANDIE L. SMITH RECORDER
File2024-00000122
Prepared by LeAnn M. Even Deputy Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA
50703, (319) 291-4323.
ORDINANCE NO. 5698
AN ORDINANCE APPROVING A REQUEST BY THE CITY
OF WATERLOO TO VACATE APPROXIMATELY 0.8 ACRES
OF UNIVERSITY AVENUE FRONTAGE ROAD LOCATED
NEAR UNIVERSITY AVENUE AND PROGRESS AVENUE,
SUBJECT TO THE RETENTION OF A PERMANENT PUBLIC
AND PRIVATE UTILITY EASEMENT ON, ABOVE, AND
UNDER THE VACATED AREA, GENERALLY LOCATED IN
FRONT OF THE FORMER K-MART SITE AT 3810
UNIVERSITY AVENUE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA
AS FOLLOWS:
Section 1. That approximately 0.8 acres of University Avenue frontage road located near
University Avenue and Progress Avenue, generally located in front of the former K-mart site at
3810 University Avenue, and legally described as follows:
DESCRIPTION: FRONTAGE ROAD TO BE VACATED IN LOT 30 OF
CENTENNIAL ADDITION
A PARCEL OF LAND SITUATED IN LOT 30 OF CENTENNIAL ADDITION,
CITY OF WATERLOO, COUNTY OF BLACK HAWK, STATE OF IOWA,
DESCRIBED AS FOLLOWS.
BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 30; THENCE
NORTH 00° (DEGREES) 00' (MINUTES) 00" (SECONDS) EAST (ASSUMED
BEARING FOR THE PURPOSE OF THIS DESCRIPTION)ON THE EAST LINE
OF SAID LOT 30, A DISTANCE OF 193.03 FEET (193.00 FEET RECORD);
THENCE NORTH 74°35'00" WEST, 181.30 FEET; THENCE SOUTH 00°00'00"
WEST, 43.00 FEET; THENCE SOUTH 74°34'18" EAST, 139.53 FEET (SOUTH
74 °35'00" EAST, 139.50 FEET RECORD); THENCE SOUTH 00°00'00" WEST,
149.38 FEET(150.00 FEET RECORD) TO THE SOUTH LINE OF SAID LOT 30
ALSO BEING THE PRESENT NORTHERLY RIGHT-OF-WAY LINE OF
UNIVERSITY AVENUE; THENCE SOUTH 73°46'06" EAST ON THE SOUTH
LINE OF SAID LOT 30 ALSO BEING THE PRESENT NORTHERLY RIGHT-
OF-WAY LINE OF UNIVERSITY AVENUE, A DISTANCE OF 41.95 FEET
(SOUTH 74°35'00" EAST, 41.80 FEET RECORD) TO THE POINT OF
BEGINNING.
CONTAINING 13,547 SQUARE FEET OF 0.31 ACRE.
DESCRIPTION: THAT PORTION OF THE FRONTAGE ROAD TO BE
VACATED IN THE NORTHEAST 1/4 OF SOUTHEAST 1/4 OF SECTION 20,
TOWNSHIP 89 NORTH,RANGE 13 WEST OF THE 5TH P.M.
A PARCEL OF LAND SITUATED IN THE NORTHEAST 1/4 OF THE
SOUTHEAST 1/4 OF SECTION 20, TOWNSHIP 89 NORTH, RANGE 13 WEST
OF THE 5TH P.M., CITY OF WATERLOO, COUNTY OF BLACK HAWK,
STATE OF IOWA,DESCRIBED AS FOLLOWS.
BEGINNING AT THE SOUTHEAST CORNER OF LOT 30 OF CENTENNIAL
ADDITION SAID CORNER BEING ON THE WEST LINE OF THE
NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 20; THENCE
NORTH 00° (DEGREES) 00' (MINUTES) 00" (SECONDS) EAST (ASSUMED
BEARING FOR THE PURPOSE OF THIS DESCRIPTION) ON THE WEST
LINE OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION
20, A DISTANCE OF 193.03 FEET(193. 00 FEET RECORD); THENCE SOUTH
74° 35'00" EAST, 10.81 FEET (10.70 FEET RECORD); THENCE SOUTH
Ordinance No. 5698
Page 2
00°00'00" WEST, 145.38 FEET (145.43 FEET RECORD); THENCE SOUTH
73°03'05" EAST, 385.49 FEET (SOUTH 73°02'44" EAST, 385.52 FEET
RECORD); THENCE SOUTH 00°00'00" EAST, 46.77 FEET; THENCE NORTH
73°45'38" WEST, 304.54 FEET TO THE PRESENT NORTHERLY RIGHT-OF-
WAY LINE OF UNIVERSITY AVENUE; THENCE NORTH 71 °24'04" WEST
(NORTH 71 '23'00" WEST CARBER HEIGHTS RECORD) ON THE PRESENT
NORTHERLY RIGHT-OF-WAY LINE OF UNIVERSITY AVENUE, 91.56 FEET
TO THE POINT OF BEGINNING CONTAINING 20,042 SQUARE FEET OF
0.46 ACRE. TOTAL AREA 33,589 SQUARE FEET OR 0.77 ACRE
shall be, and the same is hereby vacated, subject to the retention of a permanent public and private
utility easement on, above, and under the vacated area.
INTRODUCED: May 15,2023
PASSED 1st CONSIDERATION: May 15, 2023
WAIVED 2nd CONSIDERATION: May 15, 2023
WAIVED 3rd CONSIDERATION: May 15,2023
PASSED AND ADOPTED this 15th day of May 2023.
a✓
Quentin Hart, Mayor
ATTEST:
KplT y Te(ckte
Kelley Felchle, City Clerk
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 Ordinance No. 5698 as passed and adopted by the City
Council of the City of Waterloo, Iowa,on the 15th day of May 2023.
Witness my hand and seal of office this 15th day of May 2023.
Kelley Fefckfe
Kelley Felchle, City Clerk
SEAL
OF WA rF
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*** Proof of Publication
State of Iowa
Black Hawk County
Waterloo, City of- Legals
Accounts Payable
715 MULBERRY ST.
WATERLOO IA 50703
ORDER NUMBER 224738
The undersigned, being duly sworn, on oath, do depose and say that I
am an authorized employee of the Waterloo Cedar Falls Courier, that
The Waterloo Cedar Falls Courier is a weekly newspaper regularly
published and printed in the English language in the City of Waterloo,
Black Hawk County, Iowa, and has a general circulation in the said
city and county; and that I personally know that the notice, a true copy
of which is hereto affixed, was published in the Waterloo Cedar Falls
Courier on the following days, to-wit:
Section: Legals
Category: 950 Legal Notice
PUBLISHED ON: 06/09/2023
TOTAL AD COST: 86.16
FILED ON: 6/9/2023
That the issues of said paper containing said notice were duly
circulated in the regular manner.
f.�
DANINE GLASCOCK
Z A`t Commission Number 810108
*,,�,* My Commission Expires
wA' / �awA April 17,2024
Notary Public in and for Said County
*** Proof of Publication
ORDINANCE NO.5698
AN ORDINANCE APPROVING A RE-
QUEST BY THE CITY OF WATERLOO
TO VACATE APPROXIMATELY 0.8
ACRES OF UNIVERSITY AVENUE
FRONTAGE ROAD LOCATED NEAR
UNIVERSITY AVENUE AND PRO-
GRESS AVENUE, SUBJECT TO THE
RETENTION OF A PERMANENT PUB-
LIC AND PRIVATE UTILITY EASEMENT
ON,ABOVE,AND UNDER THE VACA-
TED AREA, GENERALLY LOCATED IN
FRONT OF THE FORMER K-MART SITE
AT 3810 UNIVERSITY AVENUE.
BE IT ORDAINED BY THE CITY
COUNCIL OF THE CITY OF WATER-
LOO,IOWA AS FOLLOWS:That approxi-
mately 0.8 acres of University Avenue
frontage road located near University
Avenue and Progress Avenue, generally
located in front of the former K-mart site
at 3810 University Avenue, and legally
described as follows:
DESCRIPTION: FRONTAGE ROAD TO
BE VACATED IN LOT 30 OF CENTENNI-
AL ADDITION
A PARCEL OF LAND SITUATED IN LOT
30 OF CENTENNIAL ADDITION, CITY
OF WATERLOO, COUNTY OF BLACK
HAWK, STATE OF IOWA, DESCRIBED
AS FOLLOWS.
BEGINNING AT THE SOUTHEAST COR-
NER OF SAID LOT 30;THENCE NORTH
00° (DEGREES) 00' (MINUTES) 00"
(SECONDS) EAST (ASSUMED BEAR-
ING FOR THE PURPOSE OF THIS
DESCRIPTION)ON THE EAST LINE OF
SAID LOT 30,A DISTANCE OF 193.03
FEET(193.00 FEET RECORD);THENCE
NORTH 74°35'00"WEST, 181.30 FEET;
THENCE SOUTH 00'00'00" WEST,
43.00 FEET;THENCE SOUTH 74°34'18"
EAST,139.53 FEET(SOUTH 74'35'00"
EAST,139.50 FEET RECORD);THENCE
SOUTH 00°00'00"WEST, 149.38 FEET
(150.00 FEET RECORD) TO THE
SOUTH LINE OF SAID LOT 30 ALSO
BEING THE PRESENT NORTHERLY
RIGHT-OF-WAY LINE OF UNIVERSITY
AVENUE; THENCE SOUTH 73'46'06"
EAST ON THE SOUTH LINE OF SAID
LOT 30 ALSO BEING THE PRESENT
NORTHERLY RIGHT-OF-WAY LINE OF
UNIVERSITY AVENUE,A DISTANCE OF
41.95 FEET (SOUTH 74°35'00" EAST,
41.80 FEET RECORD)TO THE POINT
OF BEGINNING CONTAINING 13,547
SQUARE FEET OF 0.31 ACRE.
DESCRIPTION: THAT PORTION OF
THE FRONTAGE ROAD TO BE VACA-
TED IN THE NORTHEAST 1/4 OF
SOUTHEAST 1/4 OF SECTION 20,
TOWNSHIP 89 NORTH, RANGE 13
WEST OF THE 5TH P.M.A PARCEL OF
LAND SITUATED IN THE NORTHEAST
1/4 OF THE SOUTHEAST 1/4 OF
SECTION 20, TOWNSHIP 89 NORTH.
RANGE 13 WEST OF THE 5TH P.M.,
CITY OF WATERLOO, COUNTY OF
BLACK HAWK, STATE OF IOWA,
DESCRIBED AS FOLLOWS.
BEGINNING AT THE SOUTHEAST COR-
NER OF LOT 30 OF CENTENNIAL
ADDITION SAID CORNER BEING ON
THE WEST LINE OF THE NORTHEAST
1/4 OF THE SOUTHEAST 1/4 OF SAID
SECTION 20; THENCE NORTH 00°
(DEGREES) 00' (MINUTES) 00" (SEC-
ONDS) EAST (ASSUMED BEARING
FOR THE PURPOSE OF THIS DE-
SCRIPTION) ON THE WEST LINE OF
THE NORTHEAST 1/4 OF THE SOUTH-
EAST 1/4 OF SAID SECTION 20, A
DISTANCE OF 193.03 FEET (193. 00
FEET RECORD);THENCE SOUTH 74°
35'00" EAST, 10.81 FEET(10.70 FEET
RECORD); THENCE SOUTH 00°00'00"
WEST, 145.38 FEET (145.43 FEET
RECORD); THENCE SOUTH 73'03'05°
EAST,385.49 FEET(SOUTH 73°02'44"
EAST,385.52 FEET RECORD);THENCE
SOUTH 00°00'00" EAST, 46.77 FEET;
THENCE NORTH 73°45'38" WEST,
304.54 FEET TO THE PRESENT
NORTHERLY RIGHT-OF-WAY LINE OF
UNIVERSITY AVENUE; THENCE
NORTH 71 °24'04" WEST (NORTH 71
°2300" WEST CARBER HEIGHTS RE-
CORD)ON THE PRESENT NORTHER-
LY RIGHT-OF-WAY LINE OF UNIVERSI-
TY AVENUE, 91.56 FEET TO THE
POINT OF BEGINNING CONTAINING
20,042 SQUARE FEET OF 0.46 ACRE.
TOTAL AREA 33,589 SQUARE FEET
OR 0.77 ACRE,shall be,and the same is
hereby vacated,subject to the retention of
a permanent public and private utility
easement on, above, and under the
vacated area.
PASSED AND ADOPTED this 15th day of
May 2023.
Quentin Hart,Mayor
Kelley Felchie,City Clerk
Prepared by LeAnn M. Even Deputy Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA
50703, (319) 291-4323.
ORDINANCE NO. 5698
AN ORDINANCE APPROVING A REQUEST BY THE CITY
OF WATERLOO TO VACATE APPROXIMATELY 0.8 ACRES
OF UNIVERSITY AVENUE FRONTAGE ROAD LOCATED
NEAR UNIVERSITY AVENUE AND PROGRESS AVENUE,
SUBJECT TO THE RETENTION OF A PERMANENT PUBLIC
AND PRIVATE UTILITY EASEMENT ON, ABOVE, AND
UNDER THE VACATED AREA, GENERALLY LOCATED IN
FRONT OF THE FORMER K-MART SITE AT 3810
UNIVERSITY AVENUE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA
AS FOLLOWS:
Section 1. That approximately 0.8 acres of University Avenue frontage road located near
University Avenue and Progress Avenue, generally located in front of the former K-mart site at
3810 University Avenue, and legally described as follows:
DESCRIPTION: FRONTAGE ROAD TO BE VACATED IN LOT 30 OF
CENTENNIAL ADDITION
A PARCEL OF LAND SITUATED IN LOT 30 OF CENTENNIAL ADDITION,
CITY OF WATERLOO, COUNTY OF BLACK HAWK, STATE OF IOWA,
DESCRIBED AS FOLLOWS.
BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 30; THENCE
NORTH 00° (DEGREES) 00' (MINUTES) 00" (SECONDS) EAST (ASSUMED
BEARING FOR THE PURPOSE OF THIS DESCRIPTION) ON THE EAST LINE
OF SAID LOT 30, A DISTANCE OF 193.03 FEET (193.00 FEET RECORD);
THENCE NORTH 74°35'00" WEST, 181.30 FEET; THENCE SOUTH 00°00'00"
WEST, 43.00 FEET; THENCE SOUTH 74°34'18" EAST, 139.53 FEET (SOUTH
74 °35'00" EAST, 139.50 FEET RECORD); THENCE SOUTH 00°00'00" WEST,
149.38 FEET (150.00 FEET RECORD) TO THE SOUTH LINE OF SAID LOT 30
ALSO BEING THE PRESENT NORTHERLY RIGHT-OF-WAY LINE OF
UNIVERSITY AVENUE; THENCE SOUTH 73°46'06" EAST ON THE SOUTH
LINE OF SAID LOT 30 ALSO BEING THE PRESENT NORTHERLY RIGHT-
OF-WAY LINE OF UNIVERSITY AVENUE, A DISTANCE OF 41.95 FEET
(SOUTH 74°35'00" EAST, 41.80 FEET RECORD) TO THE POINT OF
BEGINNING.
CONTAINING 13,547 SQUARE FEET OF 0.31 ACRE.
DESCRIPTION: THAT PORTION OF THE FRONTAGE ROAD TO BE
VACATED IN THE NORTHEAST 1/4 OF SOUTHEAST 1/4 OF SECTION 20,
TOWNSHIP 89 NORTH, RANGE 13 WEST OF THE 5TH P.M.
A PARCEL OF LAND SITUATED IN THE NORTHEAST 1/4 OF THE
SOUTHEAST 1/4 OF SECTION 20, TOWNSHIP 89 NORTH, RANGE 13 WEST
OF THE 5TH P.M., CITY OF WATERLOO, COUNTY OF BLACK HAWK,
STATE OF IOWA, DESCRIBED AS FOLLOWS.
BEGINNING AT THE SOUTHEAST CORNER OF LOT 30 OF CENTENNIAL
ADDITION SAID CORNER BEING ON THE WEST LINE OF THE
NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 20; THENCE
NORTH 00° (DEGREES) 00' (MINUTES) 00" (SECONDS) EAST (ASSUMED
BEARING FOR THE PURPOSE OF THIS DESCRIPTION) ON THE WEST
LINE OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION
20, A DISTANCE OF 193.03 FEET (193. 00 FEET RECORD); THENCE SOUTH
74° 35'00" EAST, 10.81 FEET (10.70 FEET RECORD); THENCE SOUTH
Ordinance No. 5698
Page 2
00°00'00" WEST, 145.38 FEET (145.43 FEET RECORD); THENCE SOUTH
73°03'05" EAST, 385.49 FEET (SOUTH 73°02'44" EAST, 385.52 FEET
RECORD); THENCE SOUTH 00°00'00" EAST, 46.77 FEET; THENCE NORTH
73°45'38" WEST, 304.54 FEET TO THE PRESENT NORTHERLY RIGHT-OF-
WAY LINE OF UNIVERSITY AVENUE; THENCE NORTH 71 °24'04" WEST
(NORTH 71 '23'00" WEST CARBER HEIGHTS RECORD) ON THE PRESENT
NORTHERLY RIGHT-OF-WAY LINE OF UNIVERSITY AVENUE, 91.56 FEET
TO THE POINT OF BEGINNING CONTAINING 20,042 SQUARE FEET OF
0.46 ACRE. TOTAL AREA 33,589 SQUARE FEET OR 0.77 ACRE
shall be, and the same is hereby vacated, subject to the retention of a permanent public and private
utility easement on, above, and under the vacated area.
INTRODUCED: May 15, 2023
PASSED 1st CONSIDERATION: May 15, 2023
WAIVED 2'' CONSIDERATION: May 15, 2023
WAIVED 3rd CONSIDERATION: May 15, 2023
PASSED AND ADOPTED this 15th day of May 2023.
ATTEST:
xe1Cey 'Fe[ch[e
Kelley Felchle, City Clerk
CERTIFICATE
62ueiiEaz 9-tart
Quentin Hart, Mayor
I, Kelley Felchle, City Clerk of the City of Waterloo, Iowa, do hereby certify that the
preceding is a true and complete copy of Ordinance No. 5698 as passed and adopted by the City
Council of the City of Waterloo, Iowa, on the 15th day of May 2023.
Witness my hand and seal of office this 15th day of May 2023.
SEAL
of WA r,
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xeCCey 'Feccft
Kelley Felchle, City Clerk