HomeMy WebLinkAbout5845.08.17.2026.docDocusign 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