HomeMy WebLinkAbout2024-657-11.04.2024Prepared by LeAnn M. Even, Deputy City Clerk, City of Waterloo, 715 Mulberry Street,
Waterloo, IA 50703, (319) 291-4323.
RESOLUTION NO. 2024-657
A RESOLUTION APPROVING AN ENCROACHMENT
AGREEMENT WITH DANIELLE WHITE, TO ALLOW FOR A
FENCE, GAZEBO, AND SWING SET ON CITY -OWNED
PROPERTY IN THE "R-2" ONE -AND TWO-FAMILY
RESIDENCE DISTRICT AND "A-1" AGRICULTURAL
DISTRICT LOCATED SOUTH OF 601 CEDAR BEND
STREET, AND AUTHORIZING THE MAYOR AND CITY
CLERK TO EXECUTE SAID DOCUMENT.
WHEREAS, Danielle White has requested permission to install a fence, gazebo, and
swing set encroaching upon city -owned property located in the "R-2" One -and Two -Family
Residence District and "A-1" Agricultural District, south of 601 Cedar Bend Street and legally
described as follows:
A PART OF GOVERNMENT LOT NO. 3, IN THE
NORTHWEST 1/4 OF SECTION 15, TOWNSHIP 89 NORTH,
RANGE 13 WEST OF THE FIFTH PRINCIPAL MERIDIAN,
WATERLOO, BLACK HAWK COUNTY, IOWA, LYING
WITHIN THE FOLLOWING DESCRIBED BOUNDARIES:
BEGINNING AT A POINT ON THE WEST LINE OF CEDAR
BEND STREET WHICH POINT IS 75 FEET SOUTH OF THE
INTERSECTION OF THE NORTH LINE OF LOT "G" IN
"CEDAR DALE", EXTENDED WESTERLY, WITH THE WEST
LINE OF CEDAR BEND STREET; THENCE NORTH ALONG
THE WEST LINE OF CEDAR BEND STREET A DISTANCE
OF 135 FEET; THENCE DUE WEST A DISTANCE OF 200
FEET; THENCE SOUTH 60 FEET TO A POINT WHICH IS 200
FEET WEST OF THE POINT OF INTERSECTION OF SAID
NORTH LINE OF LOT "G", EXTENDED WESTERLY, WITH
THE WEST LINE OF CEDAR BEND STREET; THENCE WEST
TO THE NORTHEASTERLY BANK OF THE CEDAR RIVER;
THENCE SOUTHEASTERLY ALONG THE
NORTHEASTERLY BANK OF THE CEDAR RIVER TO A
POINT WHICH IS DUE WEST OF THE POINT OF
BEGINNING THENCE EAST TO THE POINT OF
BEGINNING, EXCEPT THAT PART RETAINED BY THE
CITY OF WATERLOO, IOWA, DESCRIBED AS FOLLOWS: A
PART OF THE GOVERNMENT LOT NO. 3, IN THE
NORTHWEST 1 OF SECTION 15, TOWNSHIP 89 NORTH,
RANGE 13 WEST OF THE FIFTH PRINCIPAL MERIDIAN,
BLACK HAWK COUNTY, IOWA, LYING WITHIN THE
FOLLOWING DESCRIBED BOUNDARIES: BEGINNING AT
A POINT ON THE WEST LINE OF CEDAR BEND STREET
WHICH POINT IS 75.0 FEET SOUTH OF THE
INTERSECTION OF THE NORTH LINE OF LOT "G" IN
"CEDAR DALE", EXTENDED WESTERLY WITH THE WEST
LINE OF CEDAR BEND STREET; THENCE NORTH ALONG
THE WEST LINE OF CEDAR BEND STREET A DISTANCE
OF 13.63 FEET; THENCE DEFLECTING TO THE LEFT AT AN
ANGLE OF 90 DEGREES 56'20" A DISTANCE OF 106.62
Resolution 2024-657
Page 2
FEET; THENCE DEFLECTING TO THE RIGHT AT AN
ANGLE OF 90 DEGREES 01'50" A DISTANCE OF 121.96
FEET TO A POINT WHICH IS 108.51 FEET DUE WEST ON A
POINT OF THE WEST LINE OF CEDAR BEND STREET
WHICH IS 60.0 FEET NORTH OF THE INTERSECTION OF
SAID NORTH LINE OF LOT "G", EXTENDED WESTERLY,
WITH THE WEST LINE OF CEDAR BEND STREET; THENCE
DUE WEST A DISTANCE OF 91.49 FEET; THENCE SOUTH
60.0 FEET TO A POINT WHICH IS 200 FEET WEST OF THE
POINT OF INTERSECTION OF SAID NORTH LINE OF LOT
"G", EXTENDED WESTERLY, WITH THE WEST LINE OF
CEDAR BEND STREET; THENCE WEST TO THE
NORTHEASTERLY BANK OF THE CEDAR RIVER TO A
POINT WHICH IS DUE WEST OF THE POINT OF
BEGINNING; THENCE EAST TO THE POINT OF
BEGINNING.
and;
WHEREAS, the City of Waterloo has reviewed this request and finds the proposed
encroachments to be acceptable, provided they do not interfere with public utilities,
infrastructure, or city operations, and contribute positively to the use and enjoyment of the
property; and
WHEREAS, an Encroachment Agreement has been prepared to formalize the terms and
conditions under which Danielle White may maintain these installations, ensuring adherence to
safety, maintenance, and liability provisions; and
WHEREAS, the execution of such an agreement is deemed reasonable and in the city's
interest to accommodate residents while preserving the public use of city property; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Waterloo as
follows:
1. The Encroachment Agreement with Danielle White, allowing for the installation of a
fence, gazebo, and swing set on the specified city -owned property, is hereby approved, subject to
terms and conditions set forth therein.
2. Danielle White agrees to all conditions as may be stipulated by the City regarding
installation, maintenance, liability coverage, and potential removal if required for city planning
or operations.
3. The Mayor and City Clerk are hereby authorized and directed to execute said
Encroachment Agreement on behalf of the City of Waterloo, Iowa.
4. This resolution shall take effect upon its passage and approval.
PASSED AND ADOPTED this 4th day of November 2024.
mcimu�
e-ut.S5 .SIGNED
Ray Feuss, Mayor Pro Tem
ATTEST:
Nancy Higby, Deputy City
Resolution 2024-657
Page 3
CERTIFICATE
I, Nancy Higby, Deputy City Clerk of the City of Waterloo, Iowa, do hereby certify that
the preceding is a true and complete copy of Resolution No. 2024-657 as passed and adopted by
the City Council of the City of Waterloo, Iowa, on the 4th day of November 2024.
Witness my hand and seal of office this 4th day of November 2024.
JV/Z 1-4. /
Nancy Higby, DeputyCitY