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Home My WebLink About5845.08.17.2026.doc (RECORDED) Docusign Envelope ID:B5DOEEFF-A5OD-8372-8193-585B17102E38 2026-15391 RECORDED: 10/12/2026 10:52:57 AM RECORDING FEE:$17.00 REVENUE TAX:$ COMBINED FEE:$17.00 SANDIE L.SMITH,RECORDER BLACK HAWK COUNTY,IOWA 1\4 Prepared by LeAnn M. Even Deputy Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 4' 50703, (319) 291-4323. ORDINANCE NO. 5845 AN ORDINANCE APPROVING A REQUEST BY THE CITY OF WATERLOO TO VACATE APPROXIMATELY 1,988 SQUARE FEET OF CITY-OWNED RIGHT-OF-WAY OF W. 3RD STREET AT THE INTERSECTION OF W. 3RD STREET AND NORTON STREET. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA AS FOLLOWS: SECTION 1. The purpose of this ordinance is to vacate an unused portion of City-owned West Third Street right-of-way at the intersection of West Third Street and Norton Street, containing approximately 1,988 square feet. SECTION 2. The City Council finds as follows: 1. A request has been made by the City of Waterloo to vacate approximately 1,988 square feet of city-owned right-of-way of W. 3rd Street at the intersection of W. 3rd Street and Norton Street, and legally described as follows: PARCEL "D" OF THE SOUTHWEST QUARTER OF SECTION 27, TOWNSHIP 89 NORTH, RANGE 13 WEST, BEING A PORTION OF PLATTED WEST THIRD AND NORTON STREETS ABUTTING LOTS 6 AND 10, LEWIS MILLER'S SMALL FARMS, IN THE CITY OF WATERLOO, BLACK HAWK COUNTY, STATE OF IOWA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF LOT 10, LEWIS MILLER'S SMALL FARMS; THENCE NORTH 89°00'01" EAST ALONG THE NORTH RIGHT-OF-WAY LINE OF WEST THIRD STREET AND THE SOUTH LINE OF LOT 6, LEWIS MILLER'S SMALL FARMS, 66.50 FEET TO THE BEGINNING OF A 112.50 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY AND HAVING A LONG CHORD OF 122.29 FEET BEARING SOUTH 29°57'59" WEST; THENCE SOUTHWESTERLY AND SOUTHERLY ALONG SAID CURVE, 129.28 FEET TO THE WEST RIGHT-OF-WAY LINE OF NORTON STREET AND THE EAST LINE OF SAID LOT 10; THENCE NORTH 02°57'20" WEST ALONG SAID WEST RIGHT-OF-WAY AND EAST LOT LINE 105.96 FEET TO THE POINT OF BEGINNING CONTAINING 1,988 SQUARE FEET. 2. An application for a preliminary plat has been submitted that proposes the creation of fourteen (14)buildable lots for residential development. 3. The area proposed for vacation is not needed to maintain the required right-of-way width for West Third Street. 4. The existing West Third Street right-of-way contains a sharp corner at the intersection of West Third Street and Norton Street. The constructed roadway curves around the corner, leaving an excess portion of right-of-way that is not necessary for street purposes or for the maintenance of the required right-of-way width. /-1 Docusign Envelope ID: B5DOEEFF-A50D-8372-8193-585B17102E38 Ordinance No. 5845 Page 2 5. Vacation of the unused right-of-way will allow the area to be incorporated into and used as part of the proposed development. Portions of the vacated area will be incorporated into certain lots shown on the preliminary plat, and the remaining area will be included within Tract "A" of the plat. 6. As part of the platting process, additional land located north of a portion of West Third Street will be dedicated to the City to maintain the proper right-of-way width for West Third Street. 7. The proposed vacation is in the public interest and will not adversely affect the City's street system, public access, utility service, drainage, or other public purposes, subject to any easements or conditions retained or required by the City. SECTION 3. The stated public right-of-way easement is 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 Community Planning and Development Director are directed to make the necessary changes to city records and maps and notifying any affected utilities of this amendment. SECTION 5. 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 1 ' CONSIDERATION: August 17, 2026 WAIVED 2nd CONSIDERATION: August 17, 2026 WAIVED 3rd CONSIDERATION: August 17, 2026 PASSED AND ADOPTED this 17th day of August 2026. �—Signed by: VaxüL fo ,sut L--393 8 9763D3421. David lioesen, Mayor ATTEST: �—Signed by: Why f ulJC& kelfltet1teciw— F60xe 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. 5845 as passed and adopted by the City Council of the City of Waterloo, Iowa, on the 17th day of August 2026. Witness my hand and seal of office on this 17th day of August 2026. r Signed by: tt, fdj& F60 OFr 4At3 SEAL Kelfey Pelc `fe, City Clerk OC W ?b 14. 0 c4 Vic .7 140 lL ei f t, 1I t in f • 1 I I G • THE COURIER - AFFIDAVIT OF PUBLICATION ORDINANCE NO. 5e45 AN ORDINANCE APPROvING A Waterloo-Cedar Falls Courier I REQUEST BY THE CITY OF WATER- LOO TO VACATE APPROXIMATELY 1 ,988 SQUARE FEET OF CITY- Cedar Falls 50613 I OWNED RIGHT-OF-WAY OF W. 3RD (319) 291-1400 I STREET AT THE INTERSECTION OF W. 3RD STREET AND NORTON STREET State of New Jersey, County of Camden, ss: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WATER- Anjana Bhadoriya, being first duly sworn, deposes and says: That I eOO. IOWA quest the City of FOLLf'J'WS That the byWaterloo to (s)he is a duly authorized signatory of Column Software, PBC, duly vacate approximate.ly 1 ,988 square feet of city-owned right-of-way of W. authorized agent of Waterloo-Cedar Falls Courier, a publication that 3rd Street at the intersection of '.!. 3rd is a "legal newspaper" as that phrase is defined for the city of Cedar Street and Norton Street. and legally Falls, for the Countyof Black Hawk, in the state of Iowa, that this described as follows: PARCEL ER OF THE SOUTHWEST QUARTER affidavit is Page 1 of 1 with the full text of the sworn-to notice set OF SECTION 27, TOWNSHIP 89 NORTH, RANGE 13 WEST, BEING forth on the pages that follow, and that the attachment hereto A PORTION OF PLATTED WEST contains the correct copy of what was published in said legal E THIRD AND NORTON STREETS ABC!TTI NC LOTS 6 AND 10, LEW- newspaper in consecutive issues on the following dates: IS MILLER'S SMALL FARMS. IN THE CITY OF WATERLOO, BLACK HAWK COUNTY, STATE OF IOWA, AND BEING MORE PARTICULARLY PUBLICATION DATES: DESCRIBED AS FOLLOWS: BEGIN- Sep. 5, 2026 KING AT THE NORTHEAST COR- NER OF LOT 10, LEWIS MILLER'S SMALL FARMS: THENCE NORTH NOTICE ID: ziguXVYWcpzYHM ItmlcX 8°`•00'01" EAST ALONG THE NORTH PUBLISHER ID: COL-IA-604339 RIGHT-OF-WAYLINE OF WEST i NOTICE NAME: Ordinance No. 5845 THIRD STREET AND THE SOUTHI LINE OF LOT 6. LE ev'I MI LLER'S Publication Fee: $39.72 SMALL FARMS, 66.50 FEET TO THE BEGINNING OF A 112.50 FOOT RA- n • il)Ail a &LadDYis/a DIUS CURVE CONCAVE SOUTH- EASTERLY AND HAVING A LONG CHORD OF 122.29 FEET BEARING (signed) SOUTH 29''57'59" 'v,/EST: THENCE SOUTHWESTERLY A N D S SHARONN E THOMAS-POPE ERLY ALONG SAID CURVE, 129 .28 NOTARY PUBLIC FEET TO THE WEST RIGHT-OF-WAY VERIFICATION LINE OF NORTON STREET AND STATE OF NEW JERSEY THE EAST LINE OF SAID LOT 10: State of New JerseyMy Commission Expires January 2�, 2027 ,THENCE NORTH o2"�T2�0" WEST ALONG SAID WEST RIGHT-OF-WAY County of Camden AND EAST LOT LINE 105.96 FEET TO THE POINT OF BEGINNING CONTAINING 1 .988 SQUARE FEET, i shall be, and the same is hereby va- Subscribed in my presence and sworn to before me on this: 09/09/2026 ,_ate:d. i Passed on August 17, 2026. and ef- fective upon publication of this 5ordi- nance.ce. COL-IA-6�6�#339 • I Notary Public Notarized remotely online using communication technology via Proof. Ordinance No. 5845 - Page 1 of 1 Docusign Envelope ID: B5D0EEFF-A50D-8372-8193-585B17102E38 Prepared by LeAnn M. Even Deputy Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. ORDINANCE NO. 5845 AN ORDINANCE APPROVING A REQUEST BY THE CITY OF WATERLOO TO VACATE APPROXIMATELY 1,988 SQUARE FEET OF CITY -OWNED RIGHT-OF-WAY OF W. 3RD STREET AT THE INTERSECTION OF W. 3RD STREET AND NORTON STREET. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA AS FOLLOWS: SECTION 1. The purpose of this ordinance is to vacate an unused portion of City -owned West Third Street right-of-way at the intersection of West Third Street and Norton Street, containing approximately 1,988 square feet. SECTION 2. The City Council fmds as follows: 1. A request has been made by the City of Waterloo to vacate approximately 1,988 square feet of city -owned right-of-way of W. 3rd Street at the intersection of W. 3rd Street and Norton Street, and legally described as follows: PARCEL "D" OF THE SOUTHWEST QUARTER OF SECTION 27, TOWNSHIP 89 NORTH, RANGE 13 WEST, BEING A PORTION OF PLATTED WEST THIRD AND NORTON STREETS ABUTTING LOTS 6 AND 10, LEWIS MILLER'S SMALL FARMS, IN THE CITY OF WATERLOO, BLACK HAWK COUNTY, STATE OF IOWA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF LOT 10, LEWIS MILLER'S SMALL FARMS; THENCE NORTH 89°00'O1" EAST ALONG THE NORTH RIGHT-OF-WAY LINE OF WEST THIRD STREET AND THE SOUTH LINE OF LOT 6, LEWIS MILLER'S SMALL FARMS, 66.50 FEET TO THE BEGINNING OF A 112.50 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY AND HAVING A LONG CHORD OF 122.29 FEET BEARING SOUTH 29°57'59" WEST; THENCE SOUTHWESTERLY AND SOUTHERLY ALONG SAID CURVE, 129.28 FEET TO THE WEST RIGHT-OF-WAY LINE OF NORTON STREET AND THE EAST LINE OF SAID LOT 10; THENCE NORTH 02°57'20" WEST ALONG SAID WEST RIGHT-OF-WAY AND EAST LOT LINE 105.96 FEET TO THE POINT OF BEGINNING CONTAINING 1,988 SQUARE FEET. 2. An application for a preliminary plat has been submitted that proposes the creation of fourteen (14) buildable lots for residential development. 3. The area proposed for vacation is not needed to maintain the required right-of-way width for West Third Street. 4. The existing West Third Street right-of-way contains a sharp corner at the intersection of West Third Street and Norton Street. The constructed roadway curves around the corner, leaving an excess portion of right-of-way that is not necessary for street purposes or for the maintenance of the required right-of-way width. Docusign Envelope ID: B5D0EEFF-A50D-8372-8193-585B17102E38 Ordinance No. 5845 Page 2 5. Vacation of the unused right-of-way will allow the area to be incorporated into and used as part of the proposed development. Portions of the vacated area will be incorporated into certain lots shown on the preliminary plat, and the remaining area will be included within Tract "A" of the plat. 6. As part of the platting process, additional land located north of a portion of West Third Street will be dedicated to the City to maintain the proper right-of-way width for West Third Street. 7. The proposed vacation is in the public interest and will not adversely affect the City's street system, public access, utility service, drainage, or other public purposes, subject to any easements or conditions retained or required by the City. SECTION 3. The stated public right-of-way easement is 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 Community Planning and Development Director are directed to make the necessary changes to city records and maps and notifying any affected utilities of this amendment. SECTION 5. 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 lst CONSIDERATION: August 17, 2026 WAIVED 2nd CONSIDERATION: August 17, 2026 WAIVED 3rd CONSIDERATION: August 17, 2026 PASSED AND ADOPTED this 17th day of August 2026. Signed by: Pat, f jbt,SUA. 393 Di42t. DavicrUsen, Mayor ATTEST: "—Signed by: k'. ftU& Fbu uFF G 4HB Kelley 'elc-ire, 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. 5845 as passed and adopted by the City Council of the City of Waterloo, Iowa, on the 17th day of August 2026. Witness my hand and seal of office on this 17th day of August 2026. SEAL 1.1 IiIJI JII 11111111.1 ir 1Vi 0 "—Signed by: Fbu uFr 4HB Kelley Felch e, City Clerk