HomeMy WebLinkAbout18809_ResolutionsPrepared by: Steven D. Moore City Attorney, 415 Clay Street Cedar Falls Iowa 50613 (319)277 6830
RESOLUTION NO. l F 80
RESOLUTION SETTING TIME AND PLACE OF CONSULTATION ON,
AND DIRECTING MAILING OF NOTICE OF CONSULTATION ON, AND
SETTING DATE OF PUBLIC HEARING ON, DIRECTING PUBLICATION
OF NOTICE OF, AND DIRECTING THE MAILING OF NOTICE OF
HEARING ON, APPLICATIONS FOR VOLUNTARY ANNEXATION OF
REAL ESTATE TO THE CITY OF CEDAR FALLS, IOWA, WHICH REAL
ESTATE LIES WITHIN TWO (2) MILES OF THE CORPORATE
BOUNDARIES OF THE CITY OF HUDSON, IOWA, AND OF THE CITY
OF WATERLOO, IOWA
WHEREAS, the City Council of the City of Cedar Falls, Iowa, has received three (3)
applications for the voluntary annexation to the City of Cedar Falls, Iowa, of certain contiguous
parcels of real estate consisting of approximately 100 acres, more or less, located generally
North of Viking Road and Northwest of the Target Corporation Distribution Center, in the
Southeast Quarter of Section Twenty-seven (27), Township Eighty-nine (89) North, Range
Fourteen (14) West of the 5th P.M., Black Hawk County, Iowa; and
WHEREAS, the real estate that is proposed to be annexed is within two (2) miles of the
corporate boundaries of the City of Hudson, Iowa and of the City of Waterloo, Iowa; and
WHEREAS, the real estate proposed to be annexed includes a portion of the north one-
half (1/2) of the Viking Road right-of-way owned by, or subject to an easement in favor of, Black
Hawk County, Iowa; and
WHEREAS, as required by Chapter 368 of the Code of Iowa (2013), a time for a
consultation on the proposed annexation between the annexing city and the county and the
township that contains the territory to be annexed shall be set, with said consultation to be held
at least fourteen (14) business days before notice of the annexation applications is mailed to
certain parties, and notice of said consultation must be sent to the board of supervisors of said
county and to the township trustees of said township; and
WHEREAS, as required by Chapter 368 of the Code of Iowa (2013), a public hearing is
to be held by the City Council of the City of Cedar Falls, Iowa, to consider whether to approve
the applications for voluntary annexation; and
WHEREAS, as also required by Chapter 368 of the Code of Iowa (2013), notice of said
hearing must be published in an official county newspaper in the county in which the property to
be annexed is contained, at least ten (10) business days prior to the public hearing; and
WHEREAS, as required by state law, the City of Cedar Falls is required to provide
written notice of the filing of the applications and of the time and place of the public hearing on
said applications to certain interested parties, at least fourteen (14) business days prior to the
public hearing, by certified mail, which interested parties include the City Council of Hudson,
Iowa; the City Council of Waterloo, Iowa; the Chairperson of the Black Hawk County Board of
Supervisors; Iowa Northland Regional Council of Governments, which is the regional planning
authority of the property proposed to be annexed; the Black Hawk County Attorney; the owners
of property adjoining the territory to be annexed which is not located in the annexing city,
namely, Kim B. Kuenstling; Beverly J. Beck Trust; and Beck Bypass Trust; and the following
public utilities that serve the property proposed to be annexed: Central Iowa Water Association,
Cedar Falls Utilities, McLeod USA Telecommunications Services, Inc., Sprint Communications
Company, LP, AT&T Corp., Verizon Business Network Services, Inc., Qwest Corporation d/b/a
CenturyLink, Inc., MidAmerican Energy Company, and Windstream Iowa Communications, Inc.;
and
WHEREAS, the published and mailed notices are to include the time and place of the
consultation and the time and place of the public hearing, and the legal description of the
property proposed to be annexed, which legal description is set forth on Attachment A, pages 1,
2 and 3, attached hereto; and
WHEREAS, the City Council deems it appropriate to set the time and place for a
consultation between a representative of the City of Cedar Falls, of the Black Hawk County
Board of Supervisors, and the Trustees of Cedar Falls Township, and to direct the mailing of
notice of the time and place of the consultation, including a copy of the applications, and a map
of the territory showing its location in relationship to the City of Cedar Falls; and
WHEREAS, the City Council deems it appropriate to set the time and place of public
hearing thereon, to direct the publication of notice and the mailing of notice of the application by
certified mail, both to include the time and place of hearing on and the legal description of the
property proposed to be annexed, all in accordance with the terms of applicable state law.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
CEDAR FALLS, IOWA:
That a consultation shall be held on the 10th day of October, 2013, at 2:00 o'clock
p.m. (which is a date that is at least fourteen (14) business days prior to the date
the notices described in paragraph 5 of this Resolution are to be mailed), in the
Duke Young Conference Room of the City Hall of the City of Cedar Falls, Iowa,
220 Clay Street, Cedar Falls, Iowa, with representatives of the City of Cedar
Falls, the Black Hawk County Board of Supervisors, and the Cedar Falls
Township Trustees, as provided for in Chapter 368, Code of Iowa (2013).
2. That the City Clerk is hereby directed to mail by certified mail, return receipt
requested, a written notice of the time and place of the consultation, together with
a copy of the three annexation applications, a legal description of the territory
proposed to be annexed, and a map of the territory showing its location in
relationship to the City of Cedar Falls, to the Black Hawk County Board of
Supervisors and to the Cedar Falls Township Trustees, by no later than the 25`h
day of September, 2013.
3. That a hearing shall be held on the 25th day of November, 2013, at 7:00 p.m. in
the Council Chambers of the City Hall of the City of Cedar Falls, Iowa, 220 Clay
Street, Cedar Falls, Iowa, to consider the three (3) applications for the voluntary
annexation of certain real estate legally described as set forth on Attachment A,
pages 1, 2 and 3, attached hereto, to the City of Cedar Falls, Iowa.
4. That the City Clerk is hereby directed to publish notice of the time and place of
said public hearing and the legal description of the real estate proposed to be
annexed to the City of Cedar Falls, Iowa, at least ten (10) business days prior to
the date of public hearing, as required by Chapter 368, Code of Iowa (2013).
5. That the City Clerk is also directed to mail by certified mail, return receipt
requested, a written notice of the time and place of the public hearing and a legal
description of the real estate proposed to be annexed, together with a copy of the
three (3) written applications for voluntary annexation, at least fourteen (14)
business days prior to the date of public hearing, to the Chairperson of the Black
Hawk County Board of Supervisors; to the Black Hawk County Attorney; to the
City Council of the City of Hudson, Iowa; to the City Council of the City of
Waterloo, Iowa; to the Iowa Northland Regional Council of Governments, the
regional planning authority with respect to the property proposed to be annexed;
the owners of property adjoining the territory to be annexed which is not located
in the annexing city; and to each public utility which serves the property proposed
to be annexed, all as listed in this Resolution.
6. That any interested party may appear at the time and place of hearing and be
heard, or may file written objections to the proposed annexation with the City
Clerk of said City on or before the date and time of said hearing.
ADOPTED this 23rd day of September, 2013.
(SEAL)
ST:
Jen i r Rodenb ck, CPA, CPFO
Fina�i a Manager/City Clerk
Jon T
rews, Mayor
ATTACHMENT A
(Page 1 of 3)
Legal Description
(City of Cedar Falls Property)
A parcel of land located in the Southeast'/ of the Southeast'/ of Section 27, Township 89
North, Range 14 West of the Fifth Principal Meridian, Black Hawk County, Iowa, more
particularly described as follows:
Beginning at the Southeast corner of said Section 27; thence South 89019'13" West on the
South line of the Southeast'/ of said Section 27 a distance of 300.00 feet; thence North
00040'47" West a distance of 33.00 feet to the present north right-of-way line of Viking Road;
thence North 73040'41" East a distance of 155.77 feet; thence North 89019'14" East a distance
of 149.91 feet to the East line of the Southeast'/ of said Section 27; thence South 00°45'08"
East on the East line of the Southeast'/ of said Section 27 a distance of 75.00 feet to the point
of beginning; containing 0.44 acre, of which 0.23 acre is within existing road right-of-way.
Basis of bearings: The South line of the Southeast'/ of said Section 27 is assumed to bear
South 89019'13" West for the purpose of this description.
AND
A parcel of land located in the southeast % of the southeast'/ of Section 27, Township 89
north, Range 14 west of the 5ch Principal Meridian, County of Black Hawk, State of Iowa, more
particularly described as follows:
Commencing at the southeast corner of said Section 27; thence south 890 (degrees) 19'
(minutes) 13" (seconds) west (assumed bearing for the purpose of this description) on the south
line of the southeast'/ of said Section 27, a distance of 300.00 feet; thence north 00040'47"
west, a distance of 33.00 feet to the present north right-of-way line of Viking Road, the point of
beginning of the parcel herein described; thence south 89019'13" west on the present north
right-of-way line of Viking Road, a distance of 1,030.38 feet to the west line of the southeast'/
of the southeast'/ of said Section 27; thence north 00°46'12" west on the west line of the
southeast'/ of the southeast % of said Section 27, a distance of 42.00 feet; thence north
89'19'13" east a distance of 1,180.45 feet to the present north right-of-way line of Viking Road;
thence south 73040'41" west on the present north right-of-way line of Viking Road, a distance of
155.77 feet to the point of beginning.
Containing 46,428 square feet, or 1.07 acres.
ATTACHMENT A
(Page 2 of 3)
Legal Description
(Corinne R. Brown Trust Property)
The Northeast Quarter of the Southeast Quarter (NE'/ SE'/) of Section Twenty-seven (27),
Township Eighty-nine (89) North, Range Fourteen (14) West of the 51h P.M., Black Hawk
County, Iowa.
ATTACHMENT A
(Page 3 of 3)
Legal Description
(John Charles Muncy and Nancy Lynette Muncy Property)
The Southeast Quarter of the Southeast Quarter and the East 20 acres of the West one-half of
the Southeast Quarter, all in Section 27, Township 89 North, Range 14 West of the 5`h P.M. in
Black Hawk County, Iowa, except for two parcels deeded for street purposes, in 574 LD 841
and Doc. #2005-17138, and subject to existing public highways.
CERTIFICATE
STATE OF IOWA, COUNTY OF BLACK HAWK, ss:
I, Jennifer Rodenbeck, Finance Manager/City Clerk of the City of Cedar Falls, Iowa,
hereby certify that the above and foregoing is a true and correct typewritten copy of Resolution
Number 18,809 duly and legally adopted by the City Council of said City on the 23rd day of
September, 2013.
IN WITNESS WHEREOF, I have hereunto signed my name and affixed the official seal
of the City of Cedar Falls, Iowa, this ay4A' day of s!"+ein4-cr , 2013.
1 (L
�A .i�Ai
JoInifer Rod nbeck, CPA, CPFO
F ` nce Manager/City Clerk of Cedar Falls