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Home My WebLink About5681-01.17.2023 (RESCINDED) Rescinded November 6, 2023 by Ordinance No. 5734. Prepared by LeAnn M. Even, Deputy Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. ORDINANCE NO. 5681 AN ORDINANCE APPROVING A REQUEST BY C10 INVESTMENTS, LLC, TO VACATE A UTILITY EASEMENT ADJACENT TO THE RIDGEWAY AVENUE RIGHT-OF-WAY LOCATED EAST OF 115 EAST RIDGEWAY AVENUE, IN THE "S-l" SHOPPING CENTER DISTRICT, SUBJECT TO THE EXISTING STORM SEWER BEING RELOCATED WITHIN THE RIGHT-OF-WAY OF EAST RIDGEWAY AVENUE, AND AN AGREEMENT BEING APPROVED FOR THE WORK TO RELOCATE THE SEWER. BE IT ORDAINED BY THE CITY COUNCIL OF THE CI O TERL IOWA AS FOLLOWS: Section 1. That the request by the CIO Investments, LLC, to vacate a utility as ent adjacent to the Ridgeway Avenue right-of-way located east of 115 'dg y Ave e, in the "S-l" Shopping Center District, and legally described as follows: THAT PART OF THE SOUTHWEST 4 O E SO HWEST 1/4 OF SECTION 35, TOWNSHIP 89N, RANGE 1 ERL , BLACK HAWK COUNTY, IOWA, DESCRIBED AS FO LOW : BEG G AT A POINT ON THE NORTH RIGHT-OF-WAY LINE O EWAY VENUE (50 FT. FROM CENTERLINE) WHICH POINT IS 514. FEET EAST OF THE CENTERLINE OF KIMBALL AVENUE MEASURE ONG THE NORTH RIGHT-OF- WAY LINE OF RIDGE Y NUE; THE E NORTH 45 DEGREES EAST A DISTANCE OF 33.9 EET; THENCE E T PARALLEL WITH THE NORTH RIGHT-OF-WAY t F RIDGE AY AVENUE A DISTANCE OF 37.56 FEET; THENCV SOUTH DEG S 36 MINUTES 45 SECONDS EAST A DISTANCE 01 46.08 FE HE NORTH RIGHT-OF-WAY LINE OF RIDGEWAY AVENUE; ENCE WEST ALONG THE NORTH RIGHT-OF- WAY OF RIDGEWA AVENUE A DISTANCE OF 100.90 FEET TO THE PO BE S VACATE SHALL NOT VACATE THE 10 FOOT PUBLI S MENT AS PLATTED ALONG THE SOUTH 10 FEET T 3 CHO ADDITION. shall b me hereby vacated, subject to the existing storm sewer being relocated within the right- ay o t Ridgeway Avenue, and an agreement being approved for the work to relocate the sewer. INTRODUCED: January 17, 2023 PASSED Is' CONSIDERATION: January 17, 2023 PASSED 2nd CONSIDERATION: January 17, 2023 PASSED 3rd CONSIDERATION: January 17, 2023 PASSED AND ADOPTED this 17th day of January 2023. Ray Feuss, Mayor Pro Tem ATTEST: Ordinance No. 5681 Page 2 Kelley Felchle, City Clerk CERTIFICATE I, Kelley Felchle, City Clerk of the City of Waterloo, Iowa, do he certify th e preceding is a true and complete copy of Ordinance No. 5681 as pass and ted by City Council of the City of Waterloo, Iowa, on the 17th day of January 3. Witness my hand and seal of office this 17th day of January KeIll Pfelchle, City Clerk SEAL ayV I .,I < Number: 202300011107 Recorded: 2/6/2023 at 3:31:45.0 PM County Recording Fee: $12.00 Iowa E-FiLing Fee: $3.00 Combined Fee: $15.00 Revenue Tax: Sandie L. Smith, RECORDER Black Hawk County, Iowa Prepared by LeAnn M. Even, Deputy Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703,(319)291-4323. After recording, return to: Anfinson & Luce, P.L.C., 726 W. 4th St., Waterloo, IA 50702 ORDINANCE NO. 5681 AN ORDINANCE APPROVING A REQUEST BY C10 INVESTMENTS, LLC, TO VACATE A UTILITY EASEMENT ADJACENT TO THE RIDGEWAY AVENUE RIGHT-OF-WAY LOCATED EAST OF 115 EAST RIDGEWAY AVENUE, IN THE "S-1" SHOPPING CENTER DISTRICT, SUBJECT TO THE EXISTING STORM SEWER BEING RELOCATED WITHIN THE RIGHT-OF-WAY OF EAST RIDGEWAY AVENUE, AND AN AGREEMENT BEING APPROVED FOR THE WORK TO RELOCATE THE SEWER. BE TT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA AS FOLLOWS: Section 1. That the request by the C10 Investments, LLC, to vacate a utility easement adjacent to the Ridgeway Avenue right-of-way located east of' 115 Fast Ridgeway Avenue, in the "S-1" Shopping Center District, and legally described as follows: THAT PART OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 35, TOWNSHIP 89N, RANGE 13 W, WATERLOO, BLACK HAWK COUNTY, IOWA, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTH RIGHT-OF-WAY LINE OF RIDGEWAY AVENUE (50 FT. FROM CENTERLINE) WHICH POINT IS 514.84 FEET EAST OF THE CENTERLINE OF KIMBALL AVENUE AS MEASURED ALONG THE NORTH RIGHT-OF- WAY LINE OF RIDGEWAY AVENUE; THENCE NORTH 45 DEGREES EAST A DISTANCE OF 33.94 FEET; THENCE EAST PARALLEL WITH THE NORTH RIGHT-OF-WAY LINE OF RIDGEWAY AVENUE A DISTANCE OF 37.56 FEET; THENCE SOUTH 58 DEGREES 36 MINUTES 45 SECONDS EAST A DISTANCE OF 46.08 FEET TO THE NORTH RIGHT-OF-WAY LINE OF RIDGEWAY AVENUE; THENCE WEST ALONG THE NORTH RIGHT-OF- WAY LINE OF RIDGEWAY AVENUE A DISTANCE OF 100.90 FEET TO THE POINT OF BEGINNING. THIS VACATE SHALL NOT VACATE THE 10 FOOT PUBLIC UTILITY EASEMENT AS PLATTED ALONG THE SOUTH 10 FEET OF LOT 3 OF SCHOITZ ADDITION. shall be, and the same are hereby vacated, subject to the existing storm sewer being relocated within the right-of-way of East Ridgeway Avenue, and an agreement being approved for the work to relocate the sewer. INTRODUCED: January 17, 2023 PASSED 1st CONSIDERATION: January 17, 2023 PASSED 2nd CONSIDERATION: January 17, 2023 PASSED 3rd CONSIDERATION: January 17, 2023 PASSED AND ADOPTED this 17`h day of January 2023. -Ra- y Te.c.A.55 Ray Feuss, Mayor Pro Tem AI l EST: /TCA1.1.01t '. R:durii To: Tri-Cc i::t'y' PJJ t ?:SIGNED! Ordinance No. 5681 Page 2 7(eOEey Te(ch(e 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. 5681 as passed and adopted by the City Council of the City of Waterloo, Iowa, on the 17th day of January 2023. Witness my hand and seal of office this 17th day of January 2023. KeOCey Te(eh(e Kelley Felchle, City Clerk SEAL Prepared by LeAnn M. Even, Deputy Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. ORDINANCE NO. 5681 AN ORDINANCE APPROVING A REQUEST BY C 10 INVESTMENTS, LLC, TO VACATE A UTILITY EASEMENT ADJACENT TO THE RIDGEWAY AVENUE RIGHT-OF-WAY LOCATED EAST OF 115 EAST RIDGEWAY AVENUE, IN THE "S-1" SHOPPING CENTER DISTRICT, SUBJECT TO THE EXISTING STORM SEWER BEING RELOCATED WITHIN THE RIGHT-OF-WAY OF EAST RIDGEWAY AVENUE, AND AN AGREEMENT BEING APPROVED FOR THE WORK TO RELOCATE THE SEWER. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA AS FOLLOWS: Section 1. That the request by the C 10 Investments, LLC, to vacate a utility easement adjacent to the Ridgeway Avenue right-of-way located east of 115 East Ridgeway Avenue, in the "S-1" Shopping Center District, and legally described as follows: THAT PART OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 35, TOWNSHIP 89N, RANGE 13 W, WATERLOO, BLACK HAWK COUNTY, IOWA, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTH RIGHT-OF-WAY LINE OF RIDGEWAY AVENUE (50 FT. FROM CENTERLINE) WHICH POINT IS 514.84 FEET EAST OF THE CENTERLINE OF KIMBALL AVENUE AS MEASURED ALONG THE NORTH RIGHT-OF- WAY LINE OF RIDGEWAY AVENUE; THENCE NORTH 45 DEGREES EAST A DISTANCE OF 33.94 FEET; THENCE EAST PARALLEL WITH THE NORTH RIGHT-OF-WAY LINE OF RIDGEWAY AVENUE A DISTANCE OF 37.56 FEET; THENCE SOUTH 58 DEGREES 36 MINUTES 45 SECONDS EAST A DISTANCE OF 46.08 FEET TO THE NORTH RIGHT-OF-WAY LINE OF RIDGEWAY AVENUE; THENCE WEST ALONG THE NORTH RIGHT-OF- WAY LINE OF RIDGEWAY AVENUE A DISTANCE OF 100.90 FEET TO THE POINT OF BEGINNING. THIS VACATE SHALL NOT VACATE THE 10 FOOT PUBLIC UTILITY EASEMENT AS PLATTED ALONG THE SOUTH 10 FEET OF LOT 3 OF SCHOITZ ADDITION. shall be, and the same are hereby vacated, subject to the existing storm sewer being relocated within the right-of-way of East Ridgeway Avenue, and an agreement being approved for the work to relocate the sewer. INTRODUCED: January 17, 2023 PASSED lst CONSIDERATION: January 17, 2023 PASSED 2nd CONSIDERATION: January 17, 2023 PASSED 3rd CONSIDERATION: January 17, 2023 PASSED AND ADOPTED this 17th day of January 2023. Rwc1 Fe, u.55 DIGITALLY SIGNED Ray Feuss, Mayor Pro Tem ATTEST: Ordinance No. 5681 Page 2 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. 5681 as passed and adopted by the City Council of the City of Waterloo, Iowa, on the 17th day of January 2023. Witness my hand and seal of office this 17th day of January 2023. Kelley Felchle, City Clerk SEAL