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HomeMy WebLinkAboutPROJECT DOCUMENTS CCPY� CITY OF WATER L MiL raw, Wit"' '•� WATERLOO PLANNING, PROGRAMMING & ZONING COMMISSION ys' 715 Mulberry St. • Waterloo, IA 50703 • (319) 291-4366 Fax (319) 291-4262 461����fl NOEL ANDERSON • Community Planning&Development Director iu to September 22,2009 "TI\✓iOTI—iY I. -1 RI,EY Honorable Timothy Hurley,Mayor City Council Members City Hall COUNCIL Waterloo, Iowa MEMBERS • '. ' ' . RE: Dedicate a Permanent Easement south of Ranchero Road between DeWitt Road and RE(1:INALD A. Highway 63 to gain access to the Cedar Prairie Trail Bridge. SCx111 T r IA 41 1 Dear Mayor and Council: Re' Transmitted herewith is a request by the City of Waterloo for an 11,002 SF permanent easement just south of Ranchero Road and directly west and adjacent to Black Hawk Creek to repair the It%c?r, Cedar Prairie Trail Bridge,which was heavily damaged during last year's flood. In order to gain 1-TAROLD access to the construction site,construction crews would need to cross property owned by Gene GE TT` and Marcia Meyer,who farm land directly to the east of Black Hawk Creek. Staff has received t a signed permanent easement agreement back from the Meyer's. `3LF1'TIN AiBased on the average price per square foot of land abutting the proposed permanent easement, 1` the Meyer's have been offered a compensation amount of$253.05 for the use of their land, which they have agreed to. Also, it is planned to gain access to the bridge either before crops JRON are planted in the spring,or removed in the fall to limit the amount of damages that could occur. E,:rr;R Staff has noted that if access to the bridge is needed when crops are in the ground,and they are damaged,the City will work with the property owners to cover the costs of any damages to the �r crops. GREEN WOOD at L Therefore,we would ask that the City Council adopt a resolution to dedicate the legally described area for permanent easement purposes. If you have any questions or need any STEA'E. additional information regarding this matter, please contact our office. SC.H-A11.TT La; Since ly, Aric Schroeder, City Planner Attachments cc: Noel Anderson, Community Planning&Development Director Eric Thorson,City Engineer Jamie Knutson,Associate Engineer --file-- CITY WEBSITE:www.ci.waterloo.ia.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer PREPARED BY:MICHAEL R.FAGLE. AECOM, 501 SYCAMORE STREET, SUITE 222. WATERLOO,IOWA.50703, 319-232-6531 PERMANENT EASEMENT CEDAR PRAIRIE TRAIL BRIDGE OVER BLACK HAWK CREEK OWNER: GENE A. AND MARCIA M. MEYER 3555 RANCHERO ROAD CEDAR FALLS, IOWA 50613 0 cc 1- I- 3 NW COR NEI/4 SEC 12-88-14 NE COR NE 1/4 SEC 12-88-14 w1 FOUND IRON PIPE FOUND CONC MON W/BRASS CAP ! N89°09'55"E I ._...-----.'.-'_ 2631.48' ---- •--..._ �,. N89°09'S5'E 657.87' _-__-_ — NW COR NEI/4 --,.^�. 1. :cam SECNW1 41 NEI/4 \, f��,,..,•' SEC 12-88-14 N LINE NEI/4 SEC 12-88-14 '/'E ta \1 ,(, 'Pqy f f G?``'A pgo,p �'<.• . qe r0,'kr 9 \\v.C. r,O�oq,•• /0 ��` �� N89°09'13"E 329.01' rYg9ri°,O oyc/y 500°42'04"E `i S17°2'34"E 0�9gry 330.92' „49.75 yy rG �STFfly 1 %4.3,:/ NI,�521°06'32"W 1 r` •••• 60.10' S.LINE NI/2 • •`. 1a 00 NEI/4 NWI/4 •••••• • P.O.B. p\-4b, \00 NEI/4 SEC 12-88-14• `r. •••••••• y,\' t. ___ •••••• 330.92' y�\I�F.' N21°06'32 E •••••• 382.41' i i'�•••0•`•••C•• r: r, .: .}ma! t �`:A 589°07'09'W 33.27' \Ia 4\It'00 A�\ti N \I F,L 4.b. 5 co \1a$\ C.. 9, EASTERLY LINE OF PARCEL RECORDED IN LAND DEED BOOK 571 PAGE 502, BLACK HAWK COUNTY RECORDER'S OFFICE � 0 100 200 300 400 "",,,,t.AND�" I hereby certify that this Land Surveying document was �i FC,. .,S6`"'6 prepared by me or wider my direct personal stpervlslon _�—� s�W2b•. '\*'\ and that I an a duly Licensed Land Surveyor under the 0 u j MICHAEL t. t 0 B laws of the State of Iowa SCALE IN FEET EAGLE _ ,•�• i slrtw.L R. FAGLE a� -., Y.'�o..A. Printed or Typed None o."'""""v^'""" My license renewal date Is December 31,2010 AECOMPages or sheets covered by this seal: SHEETS 1 AND 2 OF 2 SHEET 1 OF 2 f PREPARED BY:MICHAEL R.EAGLE. AECOM 501 SYCAMORE STREET, SUITE 222, WATERLOO.IOWA,50703. 319-232-6531 PERMANENT EASEMENT CEDAR PRAIRIE TRAIL BRIDGE OVER BLACK HAWK CREEK OWNER: GENE A. AND MARL IA M. MEYER 3555 RANCHERO ROAD •� CEDAR FALLS, IOWA 50613 - _f + _'+ - A, a !,� ..N CORcN,�1/4 SEEC 88 3 ... _ ` x ,x+ .1 1-,11.1 `T47— *� r -FOCINa C■NC- MONiW BRAS. s r4r kr _, .' 1 � ;14' r k - ` N COR NEI/4 - emkr_..4.._ _- s L € 4, �_Z W I }N-,, fi-- ' ,. z '. _ i�. _ =-asp ., -,,,, -...--', ,,,,„„,..,,, �, .._ .ter.—a' -« �- - ,.-- _ ::^4licq F- 88 1 • cx�# .tip • .., .. - �.��, �a - _ x ._ - 4 ice:r." '',e ���#' ''. 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MEYER 3555 RANCHERO ROAD CEDAR FALLS, IOWA 50613 DESCRIPTION: PERMANENT EASEMENT A PARCEL OF LAND SITUATED IN PART OF THE NORTHEAST 1/4 OF SECTION 12, TOWNSHIP 88 NORTH, RANGE 14 WEST OF THE 5TH PRINCIPLE MERIDIAN, CITY OF WATERLOO, COUNTY OF BLACK HAWK, STATE OF IOWA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE NORTHEAST 1/4 OF SAID SECTION 12; THENCE NORTH 89° (DEGREES) 09' (MINUTES) 55" (SECONDS) EAST (ASSUMED BEARING FOR THE PURPOSE OF THIS DESCRIPTION) ON THE NORTH LINE OF THE NORTHEAST 1/4 OF SAID SECTION 12, A DISTANCE OF 657.87 FEET TO THE WEST LINE OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 12; THENCE SOUTH 00°42'04" EAST ON THE WEST LINE OF THE NORTHEAST I/4 OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 12, A DISTANCE OF 330.92 FEET TO THE SOUTH LINE OF THE NORTH 1/2 OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 12; THENCE NORTH 89°09'13" EAST ON THE SOUTH LINE OF THE NORTH 1/2 OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 12, A DISTANCE OF 329.01 FEET; THENCE SOUTH 21°06'32" WEST, 60.10 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE CONTINUING SOUTH 21°06'32" WEST, 330.92 FEET; THENCE SOUTH 89°07'09" WEST, 33.27 FEET; THENCE NORTH 21°06'32" EAST, 382.41 FEET TO THE PRESENT SOUTHERLY RIGHT-OF-WAY LINE OF RANCHERO ROAD; THENCE SOUTH 17°15'34" EAST, 49.70 FEET TO THE POINT OF BEGINNING. CONTAINING 11,002 SQUARE FEET OR 0.25 ACRE AECOM SHEET 2 OF 2 Parcel:8814-12-201-010 Gene and Marcia Meyer PERMANENT EASEMENT AGREEMENT The undersigned does hereby grant and convey unto the City of Waterloo, Iowa, a permanent easement across the following described property in the City of Waterloo, Black Hawk County,State of Iowa: See attached plat of survey for the purpose of repairing and maintaining the Cedar Prairie Trail Bridge,together with a right of ingress and egress thereon. SAID PERMANENT EASEMENT WILL STILL REMAIN IN THE OWNERSHIP OF THE BELOW NAMED PARTIES AFTER REPAIR AND CONSTRUCTION OF THE PROJECT IS COMPLETED TO ALLOW THE CITY OF WATERLOO A MEANS OF ACCESS FOR THE FUTURE MAINTENANCE OF THE TRAIL BRIDGE. IN WITNESS WHEREOF,we have hereunto set our hands this l 9fri`day of ,20 0, X X )/V4---a.4_,eleti)trt—e-6 Gene eyer Marcia Meyer State of Iowa ) Black Hawk County ) ss. On this 19 day of September ,2009,before me the undersigned, a Notary Public in and for the County of Black Hawk ,State of Iowa , personally appeared Gene Meyer and Marcia Meyer , to me known to be the person named in and who executed the foregoing instrument and acknowledged that is7 executed the same as pc voluntary act and deed. IN WITNESS WHEREOF, I have hereunto signed my name and affixed my Notarial Seal the day and year last above written. Seal pp Comrni�N TERONoe MEDNDERS Nunber 75�p� oC0A1_ a"E ___94res Notary Public September 28, 2009 Page 8 Documents continued 129933 - Reggie Schmitt/Welper that communication from Building Official/Maintenance Administrator transmitting agreement with MidAmerican Energy -for Energy Efficiency Awareness Campaign Partnership Commitment, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2009-986. RESOLUTIONS TO BE ADOPTED 129934 - Reggie Schmitt/Welper /that communication from City Planner transmitting request to dedicate property generally located south of Ranchero Road between DeWitt Road and Highway 63 as a f permanent easement to gain access to the Cedar Prairie Trail Bridge, be received, placed on file and "Resolution approving said request", be adopted. Ayes: Seven. ResolalF5H—U.55175ear-dad upon approval by Mayor assigned No. 2009-987. 129935 - Reggie Schmitt/Welper that "Resolution acknowledging council's intent to amend the franchise agreement with MCC Iowa LLC dba Mediacom to reflect the parties mutual desire to transition the public, educational and government (PEG) access channels operated by the city into the digital age allowing Mediacom to offer the next generation of broadband to residents of the city and provide further enhancements to the city's PEG programming including PEG on demand and PEG web streaming", be received, placed on file and adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2009-988. 129936 - Reggie Schmitt/Welper that "Resolution authorizing sale and conveyance of property generally located at 325 Rath Street to John and Michelle Rutledge for $5,000.00", be adopted and City Attorney instructed to prepare and deliver deed accordingly. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2009-989. 129937 - Steve Schmitt/Welper that "Resolution authorizing sale and conveyance of property generally located at 2554-2556 Edgemont Avenue to Jasmink and Slavica Sabic for $61,500.00", be adopted. Prior to a vote on the above motion, the following comments were heard. Noel Anderson, Community Planning & Development Director, explained that the creation of the dilapidated housing committee starting with this house in this area, trying to do something with it and basically improving the neighborhood. The city acquired the property through the 657A process. This house, unlike many of the other homes, did not need to be demolished, although a lot of repairs were needed. The city decided to offer it out for sale and a proposal packet was put together. We received bids, but none of the bids were deemed to be fully complete so the city re-bid it, and then we received five bids. On reviewing the bids the EPI bid was the highest cash wise at $68,000.00 with the Sabic's bid being at $61,500.00. Staff looked at some of the other criteria in the proposals in terms of the future use of the property, improvements proposed to the property, and thought both of these bids were definitely the top two bids. Staff did an estimate that over a 10 year period at an assessed value of $80,000.00, there would be approximately $15,000.00 in property taxes for the city with the private property owner whereas EPI is exempt from property taxes. That is basically how staff came to recommend the Sabic's bid, but staff did want to recognize the great benefits that EPI provides to the community. Mayor Hurley explained that we have a bid from the Sabics with a promise to renovate the structure, and then it stays on the tax rolls. EPI would put similar money into the structure to make it ADA accessible and they are offering $6,500.00 more than the Sabics. PREPARED BY:MICHAEL R.EAGLE, AECOM, 501 SYCAMORE STREET, SUITE 222, WATERLOO,IOWA,50703, 31S 232-653I PERMANENT EASEMENT CEDAR PRAIRIE TRAIL BRIDGE OVER BLACK HAWK CREEK OWNER: GENE A. AND MARC IA M. MEYER 3555 RANCHERO ROAD CEDAR FALLS, IOWA 50613 0 cr I- I- 3 NW COR NEI/4 SEC 12-88-14 NE COR NE I/4 SEC 12-88-14 01 FOUND IRON PIPE FOUND CONC MON W/BRASS CAP N89°09'55"E • 2631.48' F ........N89°09'55"E 657.87' NW COR NEI/4 NWI/4 NEI/4 • SEC 12 88 14 i N LINE NEI/4 SEC 12-88-14 a • • 9q �k A T O� �L�yF \1a�0\ p 9y kF 90 \ti �t^,,,-vs. 9 9 \1Q )'p�,09,.ti¢ " `'� N89°09'13"E 329.01' 9 y'. C • %yq y /0 p • 4' S00°42'04"E • • c'0• �'�O.pT 330.92' : Si7°I2'34"E • A� 49.75' ..... .................................. • Y• y� lsT ♦♦♦`♦♦♦♦♦i♦ ;'. -521°0 6• '32"W`p• �' 0 60.10' S. LINE NI/2 ♦ •♦♦ ♦0 ♦ •♦ P.O.B.• �a 0 NEI/4 NWI/4 ♦ ♦0 •F 0\ NEI/4 SEC 12 88 14�• \Q ♦ ♦ 521°06'32"W ,A \ 0 ♦ ♦ 330.92' • y � � 0 ♦ ♦ \ <<, N21°06'32"E ♦ ♦♦ ♦c7 382.4 I' : ♦ ♦♦♦♦♦♦♦♦♦ • la \�0.a S89°07'09"W 33.27' \1r C.., 41 A . Lj \1 p0�,\ :$\� EASTERLY LINE OF PARCEL RECORDED IN LAND DEED BOOK 571 PAGE 502. BLACK HAWK COUNTY RECORDER'S OFFICE o m... """ I herebycertifythat this Land Surveying document was 0 100 200 300 400 re ,,��O��,O ..e.,„ ,, prepared by me or under my direct personal supervision -�-- c'�2:•' :,�' and that I am a duly Licensed Land Surveyor under the L'; MICHAEL E. -.0< laws of the State of Iowa SCALE IN FEET FAGLE '" 0 8505 MSignatureEL R. FAGLE Date .,, :: ICHA • TDWR Printed or Typed Name "` My license renewal date is December 31,2010 AECOMPages or sheets covered by this seal: SHEETS 1 AND 2 OF 2 SHEET 1 OF 2 PERMANENT EASEMENT CEDAR PRAIRIE TRAIL BRIDGE OVER BLACK HAWK CREEK OWNER: GENE A. AND MARC IA M. MEYER 3555 RANCHERO ROAD CEDAR FALLS, IOWA 50613 DESCRIPTION: PERMANENT EASEMENT A PARCEL OF LAND SITUATED IN PART OF THE NORTHEAST I/4 OF SECTION 12, TOWNSHIP 88 NORTH, RANGE 14 WEST OF THE 5TH PRINCIPLE MERIDIAN, CITY OF WATERLOO, COUNTY OF BLACK HAWK, STATE OF IOWA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE NORTHEAST 1/4 OF SAID SECTION 12; THENCE NORTH 89° (DEGREES) 09' (MINUTES) 55" (SECONDS) EAST (ASSUMED BEARING FOR THE PURPOSE OF THIS DESCRIPTION) ON THE NORTH LINE OF THE NORTHEAST 1/4 OF SAID SECT ION 12, A DISTANCE OF 657.87 FEET TO THE WEST LINE OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF SAID SECT ION 12; THENCE SOUTH 00°42'04" EAST ON THE WEST LINE OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 12, A DISTANCE OF 330.92 FEET TO THE SOUTH LINE OF THE NORTH 1/2 OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 12; THENCE NORTH 89°09'13" EAST ON THE SOUTH LINE OF THE NORTH 1/2 OF THE NORTHEAST 1/4 OF THE NORTHWEST I/4 OF THE NORTHEAST I/4 OF SAID SECTION 12, A DISTANCE OF 329.01 FEET; THENCE SOUTH 21°06'32" WEST, 60.10 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE CONTINUING SOUTH 21°06'32" WEST, 330.92 FEET; THENCE SOUTH 89°07'09" WEST, 33.27 FEET; THENCE NORTH 21°06'32" EAST, 382.41 FEET TO THE PRESENT SOUTHERLY RIGHT-OF-WAY LINE OF RANCHERO ROAD; THENCE SOUTH 17°15'34" EAST, 49.70 FEET TO THE POINT OF BEGINNING. CONTAINING 11,002 SQUARE FEET OR 0.25 ACRE AECOM SHEET 2 OF 2