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HomeMy WebLinkAbout1988-622-11.16.1988 (RECORDED) RESOLUTION NO. 1988-622 RESOLUTION GRANTING PERMISSION TO ALABAR PLAZA, INC. AND AUTHORIZING CONSTRUCTION OF ONE ( 1) TEMPORARY CONCRETE DRIVEWAY IRRESPECTIVE OF A LATER OFFICIAL GRADE. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA: That WHEREAS, Alabar Plaza, Inc. has made written application to the City Council asking that they be authorized and permitted to construct one ( 1) temporary concrete driveway without respect to a permanent sidewalk grade when and if the same may be subsequently set on 1010 Alabar Avenue and legally described as follows: Also excepting that part of vacated Janney Avenue which is included in the following description as recorded in Land Deed Book 550 at page 158, Black Hawk County Recorder' s Office, to-wit: All that portion of the vacated plat of Downing Place in Section Nos. 21 and 28 in Township No. 89 North, Range No. 13 West of the Fifth Principal Meridian, in the City of Waterloo, Black Hawk County, Iowa, described as follows: Commencing at the Southwest corner of the plat of said Downing Place (said point being the Southwest corner of the Northwest Quarter of the Northeast Quarter of said Section No. 28) ; thence North 451 feet along the West line of the Northeast Quarter of said Section No. 28 to the point of beginning; thence continuing North along said West line to a point which is directly West of the Northwest corner of Lot No. 6 in Block No. 9 in said Downing Place; thence East along the South line of Hartman Avenue to a point 15 feet West of the Northwest corner of Block No. 10 in said Downing Place; thence South 1022. 62 feet along a line that is parallel with the East line of Tabb Avenue to a point 451 feet North of the South line of Downing Place as measured along said parallel line; thence west to the point of beginning, excepting therefrom the following: Beginning at a point 30. 06 feet North of the Northwest corner of the Northeast Quarter of said Section No. 28; thence North 286 . 29 feet; thence East 305 feet; thence South 286 . 29 feet; thence West 303 . 08 feet to the point of beginning, and except that part deeded for Sager Avenue in 482 Deeds 647 and 649; and WHEREAS, it is the sense of the Council of the City of Waterloo, Iowa, that said request should be granted, NOW, THEREFORE, BE IT FURTHER RESOLVED that permission is hereby granted to Alabar Plaza, Inc. to construct one ( 1) temporary concrete driveway in accordance with the existing contour of the abutting land with the subjective understanding and agreement between the City of Waterloo, Iowa, and the said Alabar Plaza, Inc. that, should at a later date a permanent formal grade be established for sidewalk purposes or otherwise, that the said Alabar Plaza, Inc. will immediately thereafter, and at their own expense, remove all or whatever portion of temporary concrete driveway they may have constructed, and rebuild or reconstruct the same in accordance with the permanent grade as may hereafter be set and established, the work to be done under the supervision of the City Engineer. 3.0g i2o3" 9icC 232 Resolution No. 1988-622 Page 2 BE IT FURTHER RESOLVED that the City Clerk is authorized and directed to forward a certified copy of this resolution to the Black Hawk County Recorder for recording in order that this said action may become a matter of official County Record. PASSED AND ADOPTED this 14th day of November, 1988 . Bernard L. McKinley,/Mayor ATTEST: Lar y P. urger, ity Clerk/Auditor CERTIFICATE I , Larry P. Burger, City Clerk of the City of Waterloo, Iowa, do hereby certify that the preceding is a true and complete copy of Resolution No. 1988-622, as passed and adopted by the Council of the City of Waterloo, Iowa, on the 14th day of November, 1988 . Witness my hand and seal of office this 16th d of November, 1988. - ' - . L rry 4itYk/Auditor SEAL '- INDEXED M:)`' , � 4 COMPARED\ � `� PAGED 11 BLACK IiAM( COUNTY, lOWA:SS Filed for record/74y a/ iq 8: at it,:35 i4 M, and recorded in M i,aCi Book 83 Page d3 cr 2/ g Recorder Deputy Fee /U• O 0 i'wv, 4 c9. aAitiee BQOK 283 ;ACE 233 RESOLUTION NO. 1988-622 RESOLUTION GRANTING PERMISSION TO ALABAR PLAZA, INC. AND AUTHORIZING CONSTRUCTION OF ONE ( I ) TEMPORARY CONCRETE DRIVEWAY IRRESPECTIVE OF A LATER OFFICIAL GRADE. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA: That WHEREAS, Alabar Plaza, Inc. has made written application to the City Council asking that they be authorized and permitted to construct one ( 1 ) temporary concrete driveway without respect to a permanent sidewalk grade when and if the same may be subsequently set on 1010 Alabar Avenue and legally described as follows : Also excepting that part of vacated Janney Avenue which is included in the following description as recorded in Land Deed Book 550 at page 158 , Black Hawk County Recorder ' s Office, to-wit: All that portion of the vacated plat of Downing Place in Section Nos . 21 and 28 in Township No. 89 North, Range No. 13 West of the Fifth Principal Meridian, in the City of Waterloo, Black Hawk County, Iowa, described as follows : Commencing at the Southwest corner of the plat of said Downing Place (said point being the Southwest corner of the Northwest Quarter of the Northeast Quarter of said Section No. 28 ) ; thence North 451 feet along the West line of the Northeast Quarter of said Section No. 28 to the point of beginning; thence continuing North along said West line to a point which is directly West of the Northwest corner of Lot No. 6 in Block No. 9 in said Downing Place; thence East along the South line of Hartman Avenue to a point 15 feet West of the Northwest corner of Block No. 10 in said Downing Place; thence South 1022 . 62 feet along a line that is parallel with the East line of Tabb Avenue to a point 451 feet North of the South line of Downing Place as measured along said parallel line; thence west to the point of beginning, excepting therefrom the following: Beginning at a point 30 . 06 feet North of the Northwest corner of the Northeast Quarter of said Section No. 28 ; thence North 286 . 29 feet; thence East 305 feet; thence South 286 . 29 feet; thence West 303 . 08 feet to the point of beginning, and except that part deeded for Sager Avenue in 482 Deeds 647 and 649 ; and WHEREAS, it is the sense of the Council of the City of Waterloo, Iowa, that said request should be granted, NOW, THEREFORE, BE IT FURTHER RESOLVED that permission is hereby granted to Alabar Plaza, Inc. to construct one ( 1) temporary concrete driveway in accordance with the existing contour of the abutting land with the subjective understanding and agreement between the City of Waterloo, Iowa, and the said Alabar Plaza, Inc. that, should at a later date a permanent formal grade be established for sidewalk purposes or otherwise, that the said Alabar Plaza, Inc. will immediately thereafter, and at their own expense, remove all or whatever portion of temporary concrete driveway they may have constructed, and rebuild or reconstruct the same in accordance with the permanent grade as may hereafter be set and established, the work to be done under the supervision of the City Engineer. Resolution No. 1988-622 Page 2 BE IT FURTHER RESOLVED that the City Clerk is authorized and directed to forward a certified copy of this resolution to the ,_Black Hawk County Recorder for recording in order that this said -_ action may become a matter of official County Record. PASSED AND ADOPTED this 14th day of November, 1988 . C Bernard L. NlcKinl�ey, M or ATTEST: --: L-tN��j `�` T ar y P. urg r, C. y Clerk/Auditor • CERTIFICATE I , Larry P. Burger, City Clerk of the City of Waterloo, Iowa, do hereby certify that the preceding is a true and complete copy of Resolution No. 1988-622 , as passed and adopted by the Council of the City of Waterloo, Iowa, on the 14th day of November, 1988 . Witness my hand and seal of office this 16th day of November, 1988. 0 /4"7 La ry Burger, ty /Auditor SEAL