HomeMy WebLinkAboutRESOLUTION 2008-346 (2) This Resolution prepared by Nancy Eckert, City Clerk, 715 Mulberry
Street, Waterloo, Iowa.
RESOLUTION NO. 2008-346
RESOLUTION ANNEXING REAL ESTATE TO THE CITY
OF WATERLOO, IOWA AND RESCINDING RESOLUTION
NO. 2007-332 IN ITS ENTIRETY.
WHEREAS, the following property owners have made application
to have the hereafter described real estate annexed to the City
of Waterloo, Iowa.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
WATERLOO, IOWA, that the following described real estate, all of
which is located in the County of Black Hawk, State of Iowa, be
and the same is hereby added to and annexed and made a part of
the City of Waterloo, Black Hawk County, Iowa:
A parcel of land situated in part of Section 14 and
part of Section 15, Township 89 North, Range 12 West of
the 5th Principal Meridian, including part of Newell
Street right-of-way, Merle Road right-of-way, and part
of the Union Pacific Railroad right-of-way, all in the
County of Black Hawk, State of Iowa, more particularly
described as follows:
Commencing at the South '41 corner of said Section 14;
thence South 89° (Degrees) 20' (Minutes) 35" (Seconds)
West (assumed bearing for the purpose of this
description) on the South line of the Southwest of
said Section 14, a distance of 632.01 feet to the point
of beginning; thence continuing South 89°20'35" West on
said South line, 2,022.91 feet to the Southwest corner
of said Section 14; thence South 89°49'51" West on the
South line of the East ;1 of the Southeast 3, of said
Section 15, a distance of 1,323.41 feet to the
Southwest corner of the East of the Southeast 11 of
said Section 15; thence North 00°10'47" East on the
West line of the East '-1 of the Southeast , of said
Section 15, a distance of 1,293.96 feet to the present
Southeast right-of-way line of the Union Pacific
Railroad; thence South 58°33'57" West on said right-of-
way line, 1,041.44 feet; thence Southwest on said
right-of-way line, being a 2,914.93-foot radius curve
concave Northwesterly and having a 561.08-foot long
chord bearing South 64°05'17" West, 561.95 feet (arc
length) ; thence South 69°36'39" West, on said right-of-
way line, 1,345.55 feet to the West line of the
Southeast of the Southwest 3, of said Section 15;
thence North 00°15' 43" East on said West line, 106.87
feet to the present Northwest right-of-way line of the
Union Pacific Railroad; thence North 69°36'39" East on
said right-of-way line, 1,307.86 feet; thence Northeast
on said right-of-way line, being a 2,814.93-foot radius
curve concave Northwesterly and having a 174.78-foot
long chord bearing North 67°49' 55" East, 174.81 feet
(arc length) ; thence North 23°56' 50" West on said
right-of-way line, 50.00 feet; thence Northeast on said
right-of-way line, being a 2,764.93-foot radius curve
concave Northwesterly and having a 361.07-foot long
chord bearing North 62°18'33" East, 361.33 feet (arc
length) ; thence North 58°33' 57" East on said right-of-
way line, 225.60 feet; thence South 31°26'09" East on
said right-of-way line, 50.00 feet; thence North
58°33' 57" East on said right-of-way line, 877.39 feet
Resolution 2008-346
Page 2
to the West line of the East '-.1 of the Southeast 4 of
said Section 15; thence North 00°10'47" East on said
West line, 1,237.33 feet to the Northwest corner of the
East '-.1 of the Southeast 4 of said Section 15; thence
North 89°44'27" East on the North line of the East ;1
of the Southeast 4 of said Section 15; a distance of
1,321.17 feet to the West 4 corner of said Section 14;
thence North 00°11'55" East on the West line of the
South of the Northwest 4 of said Section 14, a
distance of 1,325.27 feet to the Northwest corner of
the South of the Northwest 4 of said Section 14;
thence North 89°16'57" East on the North line of the
South of the Northwest 4 of said Section 14, a
distance of 2,642.29 feet to the Northeast corner of
the South ' of the Northwest 4 of said Section 14;
thence North 89°17' 36" East on the North line of the
Southwest 4 of the Northeast 4 of said Section 14, a
distance of 190.01 feet to the Northerly extension of
the West line of a parcel of land described in the
application for condemnation, recorded in Land Deed
Book 543, Page 1, in the Black Hawk County Recorder's
Office; thence South 00°01'39" East on said West line
and its Northerly extension, 540.03 feet to the
Southwest corner of said parcel of land; thence North
89°17'36" East on the South line of said parcel of land
and its Easterly extension, 1,019.61 feet to a line
that is 100.00 feet West of and parallel with the East
line of the Southwest 4 of the Northeast 4 of said
Section 14; thence South 00'08' 13" East on said
parallel line, 790.07 feet to the South line of the
Southwest 4 of the Northeast 4 of said Section 14;
thence South 89°21'17" West on said South line 1,211.12
feet to the Northeast corner of the East of the
Southwest 4 of said Section 14; thence South 00°O1'46"
East on the East line of said East ;,1 of the Southwest 4
of said Section 14, a distance of 2,206.84 feet to a
line that is 100.00 feet North of and parallel with the
North line of a parcel of land described in Warranty
Deed, recorded in Land Deed Book 561, Page 63, in the
Black Hawk County Recorder's Office; thence South
89°20'35" West on said parallel line, 632.01 feet to
the Northerly extension of a line that is 100.00 feet
West of and parallel with the West line of said parcel
of land; thence South 00°01'46" East on said parallel
line and its Northerly extension, 443.00 feet to the
point of beginning.
Containing 15,141,897 square feet or 347.61 acres, all
in the City of Waterloo, Black Hawk County, Iowa.
BE IT FURTHER RESOLVED that a transition for the imposition
of city taxes is hereby authorized for property within the
annexed territory, which property shall be entitled to an
exemption for taxation according to the schedule set forth in
Iowa Code section 368.11 (3) (m) ; provided, however, that each
separate parcel of such property shall cease to qualify for said
exemption when record title to a parcel is acquired by Elk Run
Energy Associates, LLC, or its successors, assigns or affiliates.
BE. IT FURTHER RESOLVED that the voluntary annexation
application, be and the same hereby, approved as the request is
in conformance with the goals and policies of the City of
Waterloo's Comprehensive Plan, due to past infrastructure
investment in this area for industrial development, making this a
Smart Growth Project; this request appears beneficial to the
continued development of the Northeast Industrial area and
Resolution 2008-346
Page 3
appears compatible to surrounding industrial development; this
request would put more land into the city limits in the Primary
Growth Area; and this request is a voluntary annexation.
BE IT FURTHER RESOLVED that the City Clerk is hereby
authorized and directed to file a certified copy of this
Resolution in the Office of the Recorder of Black Hawk County,
Iowa, and take other action as is necessary.
BE IT FURTHER RESOLVED that Resolution No. 2007-332 be, and
the same, is hereby rescinded in its entirety.
PASSED AND ADOPTED this 28th day of April, 2008.
TimHu ley, Mayor
ATTEST:
ran
Nanc Ecke , CMC
City Cler
CERTIFICATE
I, Nancy Eckert, City Clerk of the City of Waterloo, Iowa,
do hereby certify that the preceding is a true and complete copy
of Resolution No. 2008-346, as passed and adopted by the Council
of the City of Waterloo, Iowa, on the 28th day of April, 2008.
Witness my hand and seal of office this 30th day of April,
2008.
SEAL Nancy Ecke t, MC
City Cle