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HomeMy WebLinkAbout5803-08.04.2025.doc (RECORDED) Docusign E,%velope ID:DA7FF1CO-8FB1-4546-89CD-7CA2C5C79972 2025-14375 RECORDED:10/01/2025 08:53:07 AM RECORDING FEE:$17.00 REVENUE TAX:$ COMBINED FEE:$17.00 SANDIE L.SMITH,RECORDER BLACK HAWK COUNTY,IOWA 1` Prepared by LeAnn M. Even Deputy Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. ORDINANCE NO. 5803 AN ORDINANCE APPROVING A REQUEST BY THE CITY OF WATERLOO TO VACATE THE 10-FOOT DRAINAGE EASEMENTS ON LOTS 4 AND 5 OF WARP 2ND ADDITION IN THE "M-2,P" PLANNED INDUSTRIAL DISTRICT LOCATED AT AND ADJACENT TO 4050 LEVERSEE ROAD. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA AS FOLLOWS: SECTION 1. A request has been made to vacate the existing ten-foot public utility easements located on Lots 4 and 5 of WARP 2nd Addition, Waterloo, Iowa, located adjacent to 4050 Leversee Road, and legally described as follows: THE PLATTED 10-FOOT DRAINAGE EASEMENT ALONG THE NORTH LINE OF LOT 4, AND THE PLATTED 10-FOOT DRAINAGE EASEMENT ALONG THE SOUTH LINE OF LOT 5, ALL IN WATERLOO AIR AND RAIL PARK 2ND ADDITION, CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA. SECTION 2. The City Council has determined that vacating the specified public utility easements will not adversely affect the public interest or interfere with public utilities, as all relevant utility stakeholders have been consulted, and provisions have been made to accommodate any necessary relocations or adjustments. SECTION 3. The stated public utility easements are hereby vacated and abandoned, subject to any necessary conditions imposed by the city to ensure ongoing compliance with infrastructural norms and public safety. SECTION 4. The City Clerk and the City Engineer are directed to make the necessary changes to city records and maps and to notify any affected utilities of this amendment. SECTION 5. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. SECTION 6. If any section, provision, or part of this ordinance is adjudged to be invalid or unconstitutional, such adjudication will not affect the validity of the ordinance as a whole or any section,provision, or part hereof not adjudged invalid or unconstitutional. SECTION 7. This ordinance shall be in full force and effect from and after its final passage, approval, and publication as required by law. INTRODUCED and PASSED is`CONSIDERATION: August 4,2025 WAIVED 2nd CONSIDERATION: August 4, 2025 WAIVED 3rd CONSIDERATION: August 4, 2025 PASSED AND ADOPTED this 4`" day of August 2025. p-DocuSigned by: a.t,1ilA, tk-of '-®OB23 7 AAG a44e Quentin"Hart, Mayor Dpcusign Envelope ID: DA7FF1CO-8FB1-4546-89CD-7CA2C5C79972 Ordinance No. 5803 Page 2 ATTEST: r—Signed by: r i,- ‘kra1ie�c ie, ity Clerk CERTIFICATE I, Kelley Fetchle, City Clerk of the City of Waterloo, Iowa, do hereby certify that the preceding is a true and complete copy of Ordinance No. 5803 as passed and adopted by the City Council of the City of Waterloo, Iowa, on the 4th day of August 2025 . Witness my hand and seal of office on this 4th day of August 2025. Signed by: kith, ftleilt rf eoocoFf oC64A13... SEAL Kelley Felchle, City Clerk , r i 40 w "a`� mg - ( k t'i°7�^�.�i! -- et /{ r eJ¼&efi ° � I 0 1 V 1 11)1 THE COURIER AFFIDAVIT OF PUBLICATION ORDINANCE NO. 5803 Waterloo-Cedar Falls Courier AN ��-.FIC�I ORDINANCE APPROVING A REQUEST BY THE CITY F WA_ l 6915 Chancellor Drive TERLOO TO VACATE THE 10-FOOT Cedar Falls 50613 DRAINAGE EASEMENTS ON LOTS 319} 29 .-1400 4 AND 5 OF WARP 2ND ADDITION IN THE .1..,1-2. P" PLANNED INDUS- TRIAL DISTRICT LOCATED AT AND State of Florida, County of Orange, ss: ADJACENT TO 4050 LEVERSEE ROAD. Ankit Sachdeva, being first duly sworn, deposes and says: That BE IT ORDAINED BY THE CITY I (s)he is a duly authorized signatory of Column Software, PBC, duly I COUNCIL OF THE CITY OF WATER- authorized agent of Waterloo-Cedar Falls Courier, a publication that LOC), I#f'itvA AS FOLLOWS: That tli I regue4 t by the City of Waterloo to "a- is a "legal newspaper" as that phrase is defined for the city of Cedar +gate the,. e ?en-foot public utility Falls, for the County of Black Hawk, in the state of Iowa, that this easements located on Lots 4 and .5 affidavit is Page 1 of 1 with the full text of the sworn-to notice set of WARP 2nd Addition, in the '�4M1-2P" Planned Industrial District, located forth on the pages that follow, and that the attachment hereto adjacent ent try 4050 Lescrsee Roar, contains the correct copy of what was published in said legal and legally described as follows: newspaper in consecutive issues on the followinc dates: § THE PLATTED 10-FOOT DRAINAGE EASEMENT ALONG THE NORTH LINE OF LOT 4, AND THE PLATTED PUBLICATION DATES: 10-FOOT DRAINAGE EASEMENT ALONG THE SOUTH LINE OF LOT Aug . 28, 2025 i 5. ALL IN WATERLOO AIR AND RAIL PARK 2ND ADDITION , CITY OF WA- NOTICE ID: 3oPZcip8tXKxUBnlRgwl\ TERLOO. BLACK HAWK COUNTY, PUBLISHER ID: COL-IA-602725 IOWA, shall be, and the same is here- NOTICE NAME: Ordinance No. 5803 b'`' vacated Passed on ,August 4. 20 5. and d _'ffei_- Publication Fee: $23.17 ti''r'�t' upon A_+l publication� of this ordinance. , hkit �'a Chc eva. COL- rl�r2 � �� (Signed) \\\\_jct�Yl�II�Ii/i7i, PAMELA BAEZ //0 hon, . <# Notary Public 1- State of Florida VERIFICATION =r ' Will `_ 1; w a Commission # HH 186700 State of Florida %-4 �o�`�.� Expires on October 14, 2025 County of Orange �''f���r� ►t�t��"� Subscribed in my presence and sworn to before me on this: 08/28/20215 Notary Public Notarized remotely online using communication technology via Proof. Ordinance No. 5803 - Page 1 of 1 Docusign Envelope ID: DA7FF1CO-8FB1-4546-89CD-7CA2C5C79972 Prepared by LeAnn M. Even Deputy Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. ORDINANCE NO. 5803 AN ORDINANCE APPROVING A REQUEST BY THE CITY OF WATERLOO TO VACATE THE 10-FOOT DRAINAGE EASEMENTS ON LOTS 4 AND 5 OF WARP 2ND ADDITION IN THE "M-2,P" PLANNED INDUSTRIAL DISTRICT LOCATED AT AND ADJACENT TO 4050 LEVERSEE ROAD. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA AS FOLLOWS: SECTION 1. A request has been made to vacate the existing ten -foot public utility easements located on Lots 4 and 5 of WARP 2nd Addition, Waterloo, Iowa, located adjacent to 4050 Leversee Road, and legally described as follows: THE PLATTED 10-FOOT DRAINAGE EASEMENT ALONG THE NORTH LINE OF LOT 4, AND THE PLATTED 10-FOOT DRAINAGE EASEMENT ALONG THE SOUTH LINE OF LOT 5, ALL IN WATERLOO AIR AND RAIL PARK 2ND ADDITION, CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA. SECTION 2. The City Council has determined that vacating the specified public utility easements will not adversely affect the public interest or interfere with public utilities, as all relevant utility stakeholders have been consulted, and provisions have been made to accommodate any necessary relocations or adjustments. SECTION 3. The stated public utility easements are hereby vacated and abandoned, subject to any necessary conditions imposed by the city to ensure ongoing compliance with infrastructural norms and public safety. SECTION 4. The City Clerk and the City Engineer are directed to make the necessary changes to city records and maps and to notify any affected utilities of this amendment. SECTION 5. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. SECTION 6. If any section, provision, or part of this ordinance is adjudged to be invalid or unconstitutional, such adjudication will not affect the validity of the ordinance as a whole or any section, provision, or part hereof not adjudged invalid or unconstitutional. SECTION 7. This ordinance shall be in full force and effect from and after its final passage, approval, and publication as required by law. INTRODUCED and PASSED 1st CONSIDERATION: WAIVED 2nd CONSIDERATION: WAIVED 3rd CONSIDERATION: PASSED AND ADOPTED this 4th day of August 2025. DocuSigned by: &tt,vt-itA, aCO/f Quent n mayor August 4, 2025 August 4, 2025 August 4, 2025 Docusign Envelope ID: DA7FF1CO-8FB1-4546-89CD-7CA2C5C79972 Ordinance No. 5803 Page 2 ATTEST: "—Signed by: Kit, fell& Kellrey F6U O ecF i31e `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. 5803 as passed and adopted by the City Council of the City of Waterloo, Iowa, on the 4th day of August 2025. Witness my hand and seal of office on this 4th day of August 2025. Signed by:Fddit Kill& SEAL 0 rr6o13corrBc64AB... Kelley Felchle, City Clerk