HomeMy WebLinkAboutRESOLUTION 2008-254 r rs
This Resolution prepared by Nancy Eckert, City Clerk, 715 Mulberry
Street, Waterloo, Iowa.
RESOLUTION NO. 2008-254
RESOLUTION FIXING THE TIME AND PLACE OF
HEARING TO BE GIVEN ON APPLICATION OF ELK RUN
ENERGY ASSOCIATES, LLC ON BEHALF OF THE
PROPERTY OWNERS TO REZONE FROM "A-1"
AGRICULTURAL DISTRICT TO "M-2, P" PLANNED
INDUSTRIAL DISTRICT APPROXIMATELY 260 . 36
ACRES GENERALLY LOCATED ALONG MERLE ROAD,
NORTH OF NEWELL STREET, 41 MILE EAST OF NORTH
ELK RUN ROAD, AS APRIL 28, 2008, AT 5 : 30 P.M.
IN THE COUNCIL CHAMBERS IN CITY HALL AND
INSTRUCTING CITY CLERK TO PUBLISH NOTICE OF
HEARING.
WHEREAS, the Council of the City of Waterloo, Iowa, shall
meet in the Council Chambers in the City Hall in the City of
Waterloo, Iowa, at 5 : 30 p.m. on the 28th day of April, 2008, for
the purpose of considering and acting upon an application of Elk
Run Energy Associates, LLC on behalf of the property owners to
rezone from "A-1" Agricultural District to "M-2, P" Planned
Industrial District approximately 260 . 36 acres generally located
along Merle Road, north of Newell Street, k mile east of North
Elk Run Road and legally described as follows :
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, part of Merle Road, 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 141 corner of said Section 14 ;
thence North 00° (Degrees) 01' (Minutes) 46" (Seconds)
West (assumed bearing for the purpose of this
description) on the West line of the West ' of the
Southeast of said Section 14, a distance of 603 . 02
feet to a point on a line that is 260 . 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, being the point of beginning of the parcel of
land herein described; thence South 89°20' 35" West on
said parallel line and its Westerly extension, 792 . 02
feet to the Northerly extension of a line that is
260 . 00 feet West of and parallel with the West line of
said parcel of land described in said Warranty Deed;
thence South 00°01' 46" East on said parallel line and
its Northerly extension, 310 . 01 feet to a point that is
260 . 00 feet normally distant North of the present North
right-of-way line of Newell Street; thence South
89°51' 12" West, 2, 925 . 06 feet to a point that is 260 . 00
feet normally distant North of the present North right-
of-way line of Newell Street and 260 . 00 feet normally
distant East of the West line of the East of the
Southeast 1,1 of said Section 15; thence North 00°10' 47"
East on a line that is 260 . 00 feet East of and parallel
with the West line of the East ' of the Southeast of
said Section 15, a distance of 2, 079. 11 feet to a line
that is 260 . 00 feet South of and parallel with the
North line of the West ' of the Southeast 1/ of said
Section 15; thence North 89°44' 27" East on said
parallel line, 887 . 43 feet to the Southeasterly right-
Resolution No. 2008-254
Page 2
of-way line of the Union Pacific Railroad; thence North
32°05' 37" East on said Southeasterly right-of-way line,
307 . 78 feet; thence North 89°44' 27" East on the North
line of the East of the Southeast of said Section
15, a distance of 11 . 03 feet to the West corner of
said Section 14 ; thence North 00°11' 55" East on the
West line of the South of the Northwest i of said
Section 14 , a distance of 17 . 63 feet to the
Southeasterly right-of-way line of the Union Pacific
Railroad; thence North 32°05' 37" East on said
Southeasterly right-of-way line, 237 . 33 feet; thence
Northeasterly on said Southeasterly right-of-way line
being a 1, 857 . 62-foot radius curve concave
Southeasterly and having a 231 . 94-foot long chord
bearing North 35°40' 21" East, 232 . 09 feet (arc length)
to a line that is 260 . 00 feet East of and parallel with
the West line of the South of the Northwest 1,1 of said
Section 14 ; thence North 00°11' 55" East on said
parallel line, 661 . 38 feet to a line that is 260 . 00
feet South of and parallel with the North line of the
South of the Northwest of said Section 14 ; thence
North 89°16' 57" East on said parallel line, 2, 313 . 28
feet to a line that is 260 . 00 feet West of and parallel
with 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 parallel
line and its Southerly extension, 540 . 02 feet to the
Westerly extension of a line that is 260 . 00 feet South
of and parallel with the South line of said parcel of
land described in said application for condemnation;
thence North 89°17' 36" East on said parallel line and
its Westerly and Easterly extensions, 1, 120 . 12 feet to
a line that is 260 . 00 feet West of and parallel with
the East line of the Southwest of the Northeast of
said Section 14 ; thence South 00°08' 13" East on said
parallel line, 529 . 89 feet to the South line of the
Southwest of the Northeast of said Section 14;
thence South 89°21' 17" West on said South line,
1, 051 . 11 feet to the Northeast corner of the East of
the Southwest of said Section 14 ; thence South
00°01' 46" East on the East line of said East a
distance of 2, 046. 83 feet to the point of beginning.
Containing 11, 341, 301 square feet or 260 . 36 acres, all
in the City of Waterloo, Black Hawk County, Iowa.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
WATERLOO, IOWA, that the City Clerk is hereby directed to publish
Notice of the time and place of said hearing in the Waterloo
Courier.
PASSED AND ADOPTED this 7th day of April, 2008 .
Tim Hurley, Mayor
ATTEST:
Nancy Eck t, CMC
City Cler
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