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HomeMy WebLinkAbout3069-01.21.1980 (RECORDED) ORDINANCE NO. 3014(1 AN ORDINANCE GRANTING PERMISSION TO SCHOITZ MEMORIAL FOSPITAL TO CONSTRUCT AND MAINTAIN A SERVICE TUNNEL BELOW AND ACROSS RIDGEWAY AVENUE. NOW, THEREFORE, EE IT ORDAINED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, AS FOLLOWS: SECTION 1 . That permission is hereby granted to Schoitz Memorial Hospital to construct and maintain a service tunnel below and across Ridgeway Avenue. The tunnel , 12 feet, 4 inches wide and 100 feet in length terminating at the south right-of-way line of Ridgeway Avenue, is located on the land described on Exhibit "A" , attached hereto. SECTION 2. That all material , design, and method of construction be in accordance with the Building Code and shall be subject to approval of the Building Official when final plats are submitted for a building permit. SECTION 3. That the Hospital shall keep in force for a period of at least five years following approval for occupancy of the completed structure, a policy of insurance for bodily injury in an amount mutually agreed to by the City of Waterloo and the Hospital . Property damage coverage is to hold the City harmless from liability. Schoitz Memorial Hospital shall hold the City of Waterloo harmless from all liability in and upon the above-described tunnel . SECTION 4. That the permission granted herein shall continue so long as the permitted facility shall be maintained in a structurally safe condition. If, in the opinion of the City Official under the then existing Building Code the permitted facility is no longer structurally safe, Schoitz Memorial Hospital shall be required to remove the same without cost to the City or place it in a structurally safe condition. SECTION 5. That it is mutually agreed between the parties hereto that said Hospital shall replace all excavated earth and shall restore all improvements and disturbed areas to its original condition, or better, after the construction of the permitted facility or any subsequent maintenance or re;air operations on said easement. The Hospital shall bear all of the cost of the maintenance of the part of Ridgeway Avenue covered by this Agreement for a period of two years wnich may result from the construction of the tunnel or restoration. PASSED THIS DAY OF (-Tan ru , 1980, BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA. L` ATTEST:662 Tom C pbell , Acting City Clerk Leo P. Rooff, Mayor STATE OF IOWA, I, Rnh2rt-_J!.__Ntc_CAy SS Black Hawk County, Publisher of the waterloo Glider a daily newspaper printed in the English language and published in Waterloo, Black Hawk County, Iowa do solemnly swear that the annexed copy of City of Waterloo--Ordinance No. 3069 ORDINANCE NO.3069 published in the English language only XeXcpiiitd MEMORIAL HOSPITAL TO CONSTRUCT AND MAINTAIN A once if Xo gm4x5t SERVICE TUNNEL BELOW IIC AND ACROSS RIDGEWAY AVENUE. commencingon the ___} NOW, THEREFORE, BE IT 0 4h day of „Lilly lg g.D__ ORDAINED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, in the issuekof July 10, 1980 AS FOLLOWS: SECTION 1, Thot permission is hereby granted to Schnitz Memorial of said newspaper, and Hospital to construct and maintain a Ridgewatunnel ee.below tunnel,12�; that the annexed rate of advertising is the regular legal rate of 4 inches and 100 feet in length terminatingnchwidet the south rt in l length said newspaper, and that the following is a correct bill for pub- ajgoisnipo i(laildwc lishing said notice. 558'O99'E'oN 4ua4od Os / !S V B 3 N 1821 i Printer's Bill $ �( Ha11d-1211/t iv ..•AIQe, Q Subscribed and sworn to before me this 10 t h day 4suo,4anl�•apgnoo S V of cling edAt 4}DJ»ly aVZ +�-u_l Y A. D., 19_ga_ nbe 'y•H•d s4aaw /J. .Ta. lap Jagwnu lapow t Notary Public. •s6upoaq , Z< y u6 6ultoalignl•}leS 1puoo no paanpaa Received of _ •(w 8 y saxai the sum of )14ois•dx3 g•..6u3 DOl1dI8 ,a*s6u4oa.w.j.D ,' in full for publication of the above notice. 3Niabnl Publishers- CM133 , City Clerk of the City of Waterloo, Iowa, do hereby certify , as c�1..1.�.�� E ..,� that attached hereto is a true and complete copy of �r C No. ----�� passed and adopted \by the Council of the City of Waterloo, Iowa, on the .., I day oiCl�,n.i..i a. 19 ' Seal of Office this .. day ...�••'•A•... , 19 0 W �� .�.� ��� .and of •� City Clerk EXHIBIT A 9pf A twenty-five (25) foot strip running perpendicular to the center line of Ridgeway Avenue, the center line of which is Five Hundred Sixty-three (563) feet East of the center line of Kimball Avenue, in Waterloo, Black Hawk FAG � � County, Iowa. bO `k 33 E INDEXEL 16853 COMPARED 1)-el f�, BLACK HAWK COUNTY, IOWA:SS /p� Filed for record 3019 1d at 3 M, and recorded in 77.- Book -233 x1CHH >0 �/0 HH OOZE Page a7 M C) ,M O H C^ Lzi 7 ,�dZ Z HHZc Recorder by Nz Deputy C t-' Fee 3 .00 t-' O "mow /�/ :11.tA� H O H O C7H7zibLTJ 0 H CCn C.f) C/] Cl) tr1 H Zi 0 i Z