HomeMy WebLinkAbout2015-800-10/5/2015 t ti
Prepared by Chris Wendland, City Attorney, City of Waterloo, . 715
Mulberry Street, Waterloo, IA 50703, 319=291-4323 .
RESOLUTION NO. 2015-800
RESOLUTION AFFIRMING' DETERMINATION OF AN AREA OF
THE` CITY TO BE AN ECONOMIC DEVELOPMENT AREA, AND
THAT THE REHABILITATION, CONSERVATION,
REDEVELOPMENT, DEVELOPMENT, OR A COMBINATION
THEREOF, OF SUCH AREA, IS NECESSARY IN THE INTEREST
OF THE PUBLIC HEALTH, SAFETY OR WELFARE OF THE
RESIDENTS OF THE CITY; AFFIRMING DESIGNATION OF
SUCH AREA AS APPROPRIATE FOR AN URBAN RENEWAL
PROJECT; AND ADOPTING THE 2015 AMENDMENT OF THE
MARTIN ROAD DEVELOPMENT PLAN THEREFOR.
WHEREAS, by Resolution No. 1996-673 adopted on or about
October 7, 1996, and' amended by Resolution No. 2004-522, adopted
on or about August 9, 2004, and amended by Resolution No. 2014-
903 adopted on or about October 20, 2014, this Council found and
determined that certain areas located within the City are
eligible and should be designated as an urban renewal area under
Iowa. law, 'and approved and adopted the Martin Road Development
Plan of the City of Waterloo, Iowa and amendments thereto (the
"Plan") for the urban renewal area described as follows :
Beginning at the pointof intersection of the centerline of
U. S.., Highway 63 (Sergeant Rd. ) and the North' line of the
Southeast 14 of the Southwest 1/ of Section, 33, Township 89
North, Range 13 West of the 5th P..M. , thence East along the
North line of said Southeast 1-4 of the Southwest 1-4, of said
Section to the Southeasterly right-of-way line of U. S.
Highway 63 (Sergeant Rd. ) , 4thence Southwesterly along said
right-of-way to its intersection with the West line of the
Southeast 1% of the Southwest -1-4, of said Section,
thence South
89050 ' 15" East a distance of 432 . 65 ' , thence ,,South 1740 ' 30"
East to the South line of said Section, thence West along
said South line to the point where it would intersect the
Northerly' extension of the East line of Tract A of Kingswood
Second Addition to Waterloo, thence South along the
extension of the East line of Tract A to the Northwest
corner of Lot.. 15 Kingswood First Addition., said point also
being a point on the Easterly line of Lot 6 of South
Waterloo Commercial Park, thence Southeasterly following the
Easterly line of said Lot 6 to the most Southeasterly corner'
of said lot, thence Southwesterly and ' Westerly along the
South fine of said lot to an angle point on the South line
of said Lot 6, which is also a point on the West line of
Section 5, Township 88 North, Range 13 West, thence South
along the West line of said Section to the North line of the
Southeast 1/ of the Southeast '� of Section 6, Township 88
North, Range 13 West, thence West along the North line of
the Southeast 1-4 of the Southeast 1/ and the North line of the
Southwest 1/ of the Southeast 1/ to a point on the
Northwesterly right-of-way line of the Chicago 'Great Western
Railroad ('now abandoned) , thence South 35°31 ' 30" West 850 . 21
feet along said line, thence North 72°26' 10" West 1005 . 02
feet, thence Westerly 637 . 85 feet along a 7, 789 . 65 foot
radius curve, concave Southerly, having a chord bearing
North 75°14103" West 637 . 67 feet, thence North 77 ' 34 ' 36"
West 835 . 86 feet, thence North 06019 ' 51" East ,32 . 15 feet to
the South line of the Northwest 1-4 of the Southwest 1/ of said
Section 6, thence East along said line to the West line of.
the 'Northeast 1-4 of the Southwest 1-4 of said Section, thence
North along the West line of the Northeast 1' of the
Southwest 1/ to the North line of *the Northeast 1/ of the
Southwest 1-4 of said Section, thence East along said North
line to a point on the East line of the West 440 feet of the
East one-half of, the Northwest fractional :�-4 said Section,
thence North along the East line of the West 440 feet of the
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Resolution No. 2015-800
Page 2
East one-half of the Northwest fractional �-,4 to the North ;
line of said Section 6, thence East along the North line of
said Section 6, which is also the South line of Section 32,
Township 89 North, Range 13 West, to the West line of the
.East 475 feet of the. Southwest � of the Southeast 1--4, of said
Section "32, thence North 790 feet along said West line,-
th'ence East 475 feet to the West line of the Southeast '-4 of
the Southeast 1-4 of said Section, thence North along the West
line of the Southeast 1/ of the Southeast �-4 to the Southwest
corner of the Northeast 1-4 of the Southeast 44 said Section
32, `thence Northeasterly to a point that is* 990 feet East of,
and 675 feet North of the Southwest corner of the Northeast
1/ of the Southeast 1/ of said Section, thence Northeasterly
to �a point on" the East line of Section 32 that is 420 feet
£South of the Northeast corner of the Southeast 1-,4 of said
Section, thence South along, the East line of Section 32 to
its intersection with the Northerly right-of-way line of
,Martin Road, thence Northeasterly and Easterly along said
right-of-way, ` and an extension thereof, to the centerline of
U. S. Highway 63 (Sergeant Rd ') , thence Southerly along said
centerline to the point of' beginning, all in' the City of
Waterloo, Black Hawk County, Iowa;
And also:'
Beginning at the intersection o'f the North line of the
Southeast 1/ of the Southwest 1% of Section 33, Township 89,
North, Range 13 West and the Southeasterly right-of-way line
of U. S . 'Highway 63 (Sergeant Road) ; thence Southwesterly
x along said right-of-way to its intersection with the West
line of the Southeast 14 of the Southwest l-4 of said Section
33'; thence South 89050' 15 East a distance of 432 . 65' ;
thence South 1040' 30" East -to the South line of said
Section; thence- East along said- South line to the Southeast-
corner of the Southeast '�4,- of the Southwest 1-4_ of said Section
33; 'thence North along the East line of said Southeast lj of
the. Southwest 1/ of Section 33 -to the Northeast corner of the
said Southeast 34 of the Southwest 1/ of Section 33 thence
West along g the North line of said Southeast 1-4' of the
Southwest l- of Section 33 to the point of beginning;
And also:
Beginning at a point on the Northwesterly right-of-way line
of the Chicago Great Western Railroad (now abandoned) that
a .,. is South 35°31130" West 850 . 21 feet from a point on said
Northwesterly right-of-way line that intersects- the North
line of the Southwest 34 of the Southeast 1/•- of Section 6,
Township 88, -Range 13; thence South to the centerline of
U: S . Highway 20 as presently established; thence
Southeasterly along the centerline of U. S. Highway 20 as
presently established to its intersection with the East line
of Section 7, Township 88 North, Range: 13 West; thence
Southerly along the East line of 'said Section 7 to a point
that is 745 . 6° feet South of the Northeast corner of said
Section 7; thence West 70 . 6 feet; thence South 419. 6 feet; a
thence Southerly 265 . 5 feet along a 407 . 5' radius curve,
concave ; Westerly having a chord bearing South 18°40' West
260 . 8 feet; thence South! 37020' West 149 . 5 feet; thence
North 52017 . 5' West 643 ..0 feet; thence South 37042' West 450
feet; thence continuing South 37042' West to the
Southeasterly most corner of the following described parcel;
the North 17 . 06, acres u of the South 'z of the Northeast 1/ of
Section 7, Township 88 North, Range 13 West located West of
road, and except that part of Timberline Patio Homes plat
bounded as follows : commencing at a point on the centerline
of West 4th Street which is 626. 32 feet Southwest of the
intersection of said centerline with the East line of said
Section 7, thence North 89°30' West 881 . 76 feet, thence
North 37021' 30" East 837 .49 feet, thence South 52°38' 30"
' East 710 feet, thence .Southwesterly along the centerline of
West 4th Street to the point of beginning, and except
Highway,% and except that part of the Northeast �4 of said
Section 7 described as follows : beginning " at a point on „the
d
Resolution No. 2015=800
Page-3
West line of said Northeast which is 1, 218 feet South of
the Northwest corner of said Northeast' 14, thence North'
78047145" East 208 . 37 feet, thence South 3�5°6' 15" West
352 . 10 feet to the West line of said Northeast 1-4, thence
Northwest to the point of beginning, and except that part
platted -as Ekho Ridge Addition; thence Northwesterly along
the Southwesterly line of said described parcel to its
intersection with the West line of the Northeast 1-4 of said
Section 7; thence Southerly along the West line of the
Northeast 1/ of said Section 7 to the center of said -Section
7 ; thence South 8'9°46' 50" West 99 . 19 feet along the North
line of the Southwest 14 of said Section 7; thence South
665 . 54 feet 'to` the Westerly most corner `of Lot 3 of
Nottingham Heights Addition-; thence Westerly along ,the South
line of the North '-� of the North 1� of the Southwest ' 1k of
said` Section 7 to the Northeast corner of Lot C-1 of
Southland Park Third Addition; thence Southeasterly along
the Northeasterly line of said Lot C-1 to ' the Easterly most
ria corner of said Lot C-1; thence southwesterly along the
Southeasterly line of said Lot C-1 and an extension of the
Southeasterly line of said Lot C-1 to the, centerline of
Charm Drive; thence Northwesterly, Westerly, and
Southwesterly along the Centerline of Charm Drive to its
intersection with a point on the Southwest line of Southland
Y Park 4th Addition; thence Northwesterly, and Northeasterly
following the Southwesterly lines of Southland Park 4th
Addition to the Southerly most corner of Lot C-8 of said
addition; thence Northwesterly along the Southwesterly line
of said Lot C-8 to the Westerly most corner of said Lot C7,8;
thence Southwesterly along the Southeasterly right-of-way
-line of'.U. S . Highway 63 to the Northerly most corner of the
following described parcel: Unplatted Waterloo West, a part
I' ofsthe Southwest 1/ of Section 7 , Township 88 North, Range 13
West, beginning at a point on the West line of said Section
7 which is 1, 066 . 45 feet North of the Southwest corner of
said Section 7, thence North 36°2' East 44 feet, thence
South 53°58' East 500 feet, thence South 3602' West 344
feet, thence North 53°58' West 281..77 feet to the West line
of said Section 7, thence North 370 . 98 feet to the point of
beginning; thence Southeasterly along the Northeasterly line
of said described parcel to the Easterly most, corner of said
described parcel; thence Southwesterly `"along the
Southeasterly line of said described parcel' to the Southerly
most corner of said des6ribed parcel; thence South 53058' .
East a distance `of 107 .`59' ; thence South 35°16' 20" West a
distance of 139. 64' ; thence Southwesterly',in ,a straight line
to a point on the West line of said- Section 7- that is 33
feet North of the Southwest corner of said Section 7; thence
South 33' to the Southwest corner of said Section 7; thence
Westerly along the South- line ;of Section 12 of Township 88
North, Range 14 West to the intersection of the South line
of said Section 12 and a Laine 1, 000' Northwesterly of and
parallel to the Northwesterly right-of way line of the.
Chicago = Great Western Railroad (now abandoned) ; thence
Northeasterly 935" feet along said parallel line; thence
Southeasterly at a right a angle 500 feet; thence
Northeasterly at a right angle 878 . 6 1feet; thence
Northwesterly at a right angle to .the North line of the
South '� of the Southeast 1-4 of said Section 12; thence
continuing Northwesterly along the last bearing to the
intersection with a , line 1, 000', Northwesterly of and
parallel to the Northwesterly right-of-way line of the
Chicago Great Western Railroad (now abandoned) ; thence
Northeasterly along said •parallel line to its intersection
with the Northeasterly right-of-way line of the Cedar Falls
p Branch Line of the C NW Transportation Co. (now abandoned) ;
thence Northwesterly along -said Northeasterly right-of-way
line to its intersection with the North line of the
Northeast 1�,4 of the Southeast 1,,4 of Section 12, Township 88
North, Range 14 West; thence East along said North line and
a '
Resolution No. 2015-800
Page 4
P
the North line of the Northwest 1-4 of the Southwest 1-,4 of
Section 7, Township 88 North, Range 13 West to its
intersection with the Northwesterly right-of-way line of. thent
Chicago Great Western Railroad (now abandoned)`; thence
Northeasterly along ,said Northwesterly right-of-way line to
the .centerline of Ranchero Road as presently established;
thence Northwesterly and Westerly along said centerline of
Ranchero Road to the Southwest corner of Section 6, Township
88 North, Range 13 West; thence Northerly along the West
line of said Section 6 to" the Northwest corner of the
Southwest fractional 1-4 of` the Southwest fractional 1-4 of said
Section 6; thence North 890421' 5'V" East a distance of 818 . 14
feet; thence South 0601951" West a distance of 32 . 15 feet
thence South 77034' 36" East- a distance of 835. 86 feet;
thence Easterly 637 . 85 feetT along"a 7, 789. 65 foot radius
curve, concave Southerly, having a chord bearing South
75°14' 03" East 637 . 67 feet; =thence South 72026' 10" East
1005 . 02' -to the point of beginning.,
WHEREAS, a proposed 2015 Amendment (the "Amendment") to the
Plan has been prepared, which proposed Amendment is on file in
the office of the City Clerk and which is incorporated herein by
reference, the purpose of which is to set forth and include
within the Plan one or more additional urban renewal projects and
to update related financial summaries of bonding capacity,
project expenses, and funding sources, but not to alter the land
previously designated as the urban renewal plan area; and
WHEREAS, on September 18, "2015, a consultation was held with
the designated representatives of all affected taxing entities to
discuss the proposed Amendment to the Martin Road Development
Plan and the division of revenue described therein, and that
notice of said consultation and a copy of the proposed Amendment
was sent to all affected taxing entities,, all required responses
to the recommendations made by the affected taxing entities, if
any, have been timely made as set forth in the report of the
Community Planning & Development Director submitted to Council
and incorporated herein by this reference, which report is in all
respects approved; and
WHEREAS, by a resolution passed September 21, 2015, this
Council also set a public hearing on the adoption of the
Amendment ,for this meeting . of the Council, and due and proper
notice of said public hearing was given, as provided by law, by
timely publication in the "Waterloo Courier", which notice set
forth the time and place for this hearing and the nature and
purpose thereof'; and
WHEREAS, in accordance with said notice, all persons or
organizations desiring to be heard on the proposed Amendment,
both for and against, have been given an .opportunity to be heard
with respect thereto, and due consideration has been given to all
comments- and views expressed to the Council in 'connection
therewith, and said public., hearing has been closed.
NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE
CITY OF WATERLOO, IOWA:
Section 1 . That the findings and conclusions set forth or
contained in the Plan and the Amendment thereto concerning the
area of the City of Waterloo, Iowa described in the preamble
hereof', be and the same are hereby ratified and confirmed in all
respects as the findings of this Council for this area, including
but not limited to determinations that the Plan area is eligible
for designation as an- urban renewal area and otherwise meets all
requisite under the provisions of Chapter 403 . of the Code of
Iowa;. that the Plan area is an economic development area; that
the rehabilitation, conservation, redevelopment, development or a `
combination of .such activities,' of said area is necessary in the
interest of the public health safety or welfare of the residents
Resolution No. 2015-800 ,
Page 5
of this City; and designating said area as appropriate for an
urban renewal project.
r Section 2 . This Council further finds that (a) a feasible
method exists for the location of families who will be displaced
from the Martin Road Development Plan Area into decent, safe and
sanitary dwelling accommodations within their means and without
undue hardship to such families, and (b) the Plan and 2015
Amendment thereto conform to the general plan for the development
of the City as a whole .
Section 3 . That the 2015 Amendment to the, Martin Road ,
Development Plan of the City of Waterloo, Iowa be and the same is
hereby approved and adopted as "2015 Amendment to the Martin Road
Development Plan for the City of Waterloo, Iowa"; that said
Amendment is hereby in all 'respects approved; and that the City
Clerk is hereby directed to file a certified copy of said
Amendment with the proceedings of this meeting.
Section '4 . That the Plan, as so pamended, for the Martin
Road Development Plan, Area shall be in full force and effect from
the date of,,. this Resolution until the later of the date of
termination set forth in the Plan as so amended, or the date on
which payment of all obligations issued or advances made to carry
out the purposes thereof shall be fully provided for. Said
proposed Amendment to the Martin Road Development Plan shall be
forthwith certified- by the ,City Clerk, along with a copy of this t
Resolution, to the Recorder for Black Hawk County, Iowa, to be
filed °and= recorded in the- manner provided by law.
Section 5 . That all otrier provisions of the Plan not r
affected or otherwise 'revised by the terms of ° Amendment 2015
thereto be and the same are hereby ratified,' confirmed, and
approved in all respects .
' PASSED AND APPROVED this 5th day of October, 2015 .
All ,
(XK
est G. Clark, Mayor
ATTEST:
1
y Sc ares;° City, Clerk
,
CERTIFICATE
STATE OF IOWA
ss .
COUNTY OF BLACK HAWK ) T
I, the undersigned City Clerk of Waterloo, Iowa, do hereby
certify that attached is a true and complete copy of the portion
of the corporate records •of',said Municipality showing proceedings
of the Council, and the -same is a true and complete copy of the
action taken by said Council with `respect to said matter at the
meeting held on the date indicated in the attachment, which
proceedings remain in full force and effect, and have not been
amended or rescinded in any way; Ithat the. meeting and all- action ,
4 thereat was duly and -publicly 'held in accordance with a ,notice of
meeting and tentative agenda, a copy of which was timely served
on each member of the Council and posted on a bulletin :board or
other prominent place easily accessible to the public and clearly
Resolution No. 2015-800
Page 6
designated for that purpose at the principal office, of the
Council (a copy of the face sheet of said agenda being attached
hereto) pursuant to the local rules of the Council and the
provisions of Chapter 21, Code of Iowa, upon'. reasonable advance
notice to the public and media at least twenty-four hours prior
to the commencement of the meeting as required by said law and
with members of the public present in attendance; I further
certify " that the individuals named therein were on the date
thereof duly and lawfully possessed of their respective city
offices as indicated therein, that no Council vacancy existed
except as may be stated in said proceedings, and that no
controversy or litigation is pending, prayed or threatened
involving the incorporation, organization, existence or
boundaries of the City or the right of the individuals. named
therein as officers to their respective positions .
WITNESS mx hand and the seal of said Municipality hereto
affixed this 5t day of October 2015 .
SEAL
Suzy S hares, City Clerk
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