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HomeMy WebLinkAbout2014-08-04-Ordinance 2771_Rezoning, Painted Woods West, Book 2014 Page 11069Book 2014 Page 11069 Document 11069 Type ORD Pe as 3 Dete 8/22/2014 Time 10-29 AM MTG Rec Amt $17.00 PCRF, BKRF Ched Rirhert. Recorder D/C Del leODD e Countb IOWA Preparer Information: Bradly M. Deets, City of Waukee, 230 W. Hickman Rd., Waukee, IA 50263; 978-7899 Bill/Return Document to: Rebecca D. Schuett, City of Waukee, 230 W. Hickman Rd., Waukee, IA 50263; 978-7904 ORDINANCE NO. 2771 AN ORDINANCE TO AMEND CHAPTER 300, ZONING ORDINANCE, CITY OF WAUKEE, IOWA BY AMENDING THE ZONING FOR CERTAIN PROPERTY FROM A-1, R-4, AND C- IA TO R-2; AND AMENDING CERTAIN PROPERTY FROM R-2 TO C-IA [PAINTED WOODS WEST] BE IT ORDAINED by the Council of the City of Waukee: Section 1. Section 301.4 of Chapter 301, Waukee Municipal Code, Zoning Ordinance of the City, adopting the Official Zoning Map, is hereby amended by changing the following real estate from A-1 (Agricultural District), R-4 (Row Dwelling and Town Home Dwelling District), and C-IA (Neighborhood Commercial District) to R-2 (One and Two Family Residential District), legally described as follows: A PORTION OF PARCEL "A" AS SHOWN ON THE PLAT OF SURVEY FILED IN BOOK 2005 PAGE 246 AT THE OFFICE OF THE DALLAS COUNTY RECORDER, BEING A PART OF THE EAST 15 ACRES OF THE NW 1/4 OF THE SE 1/4 OF SECTION 7, THE NE 1/4 OF THE SE 1/4 OF SECTION 7, AND THE NW 1/4 OF THE SW 1/4 OF SECTION 8; AND ALL OF PARCEL "CC" AS SHOWN ON THE PLAT OF SURVEY FILED IN BOOK 2014 PAGE 4032 AT THE OFFICE OF THE DALLAS COUNTY RECORDER, BEING A PART OF PARCEL "B" OF THE SW 1/4 OF THE NE 1/4 OF SECTION 7, TOWNSHIP 78 NORTH, RANGE 26 WEST, ALL IN TOWNSHIP 78 NORTH, RANGE 26 WEST OF THE 5th P.M., CITY OF WAUKEE, DALLAS COUNTY, IOWA, DESCRIBED AS: COMMENCING AT THE SOUTHEAST CORNER OF SAID PARCEL "A"; THENCE S83°39'07"W (BEARING BASIS GPS IOWA SOUTH ZONE) ALONG THE SOUTH LINE OF SAID PARCEL "A", A DISTANCE OF 1093.10 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING S83039'07W ALONG THE SOUTH LINE OF SAID PARCEL "A", A DISTANCE OF 218.42 FEET; THENCE S83049'18"W ALONG THE SOUTH LINE OF SAID PARCEL "A", A DISTANCE OF 1319.98 FEET; THENCE S83°49'18"W ALONG THE SOUTH LINE OF SAID PARCEL "A", A DISTANCE OF 499.51 FEET TO THE SOUTHWEST CORNER OF SAID PARCEL "A"; THENCE Book 2014 Page 11069 1 of 3 N00023'56"E ALONG THE WEST LINE OF SAID PARCEL "A", A DISTANCE OF 1316.36 FEET TO THE NORTHWEST CORNER OF SAID PARCEL "A" AND TO THE SOUTHWEST CORNER OF SAID PARCEL CC; THENCE N00°22'10"E ALONG THE WEST LINE OF SAID PARCEL CC, A DISTANCE OF 1316.37 FEET TO THE NORTHWEST CORNER OF SAID PARCEL CC; THENCE N83059'39"E ALONG THE NORTHERLY LINE OF SAID PARCEL CC, A DISTANCE OF 501.04 FEET TO THE NORTHEAST CORNER OF SAID PARCEL CC; THENCE S00°53'41 "W ALONG THE EAST LINE OF SAID PARCEL CC, A DISTANCE OF 186.03 FEET; THENCE S00022'41 "W ALONG THE EAST LINE OF SAID PARCEL CC, A DISTANCE OF 1128.33 FEET TO THE NORTH LINE OF SAID PARCEL "A"; THENCE N84002'41 "E ALONG THE NORTHERLY LINE OF SAID PARCEL "A", A DISTANCE OF 1319.72 FEET; THENCE S00031'43"W ALONG THE NORTHERLY LINE OF SAID PARCEL "A", A DISTANCE OF 124.25 FEET; THENCE N83046'16"E ALONG THE NORTHERLY LINE OF SAID PARCEL "A", A DISTANCE OF 813.63 FEET; THENCE S00°30'04"W ALONG THE NORTHERLY LINE OF SAID PARCEL "A", A DISTANCE OF 450.00 FEET; THENCE N83040'36"E ALONG THE NORTHERLY LINE OF SAID PARCEL "A", A DISTANCE OF 500.00 FEET TO THE NORTHEAST CORNER OF SAID PARCEL "A"; THENCE S00029'51 "W ALONG THE EAST LINE OF SAID PARCEL "A", A DISTANCE OF 129.76 FEET; THENCE S90°00'00"W, A DISTANCE OF 104.22 FEET; THENCE WESTERLY ALONG A 1000.00 FEET RADIUS CURVE CONCAVE NORTHERLY, A DISTANCE OF 127.06 FEET, SAID CURVE HAVING A CHORD BEARING OF N86°23'19"W AND A CHORD LENGTH OF 126.98 FEET; THENCE WESTERLY ALONG A 800.00 FEET RADIUS CURVE CONCAVE SOUTHERLY, A DISTANCE OF 686.93 FEET, SAID CURVE HAVING A CHORD BEARING OF S72039'10"W AND A CHORD LENGTH OF 666.02 FEET; THENCE S48003'15"W, A DISTANCE OF 233.82 FEET; THENCE SOUTHWESTERLY ALONG A 700.00 FEET RADIUS CURVE CONCAVE NORTHWESTERLY, A DISTANCE OF 204.35 FEET, SAID CURVE HAVING A CHORD BEARING OF S56°25'02"W AND A CHORD LENGTH OF 203.62 FEET; THENCE S25°13'11"E, A DISTANCE OF 141.67 FEET; THENCE SOUTHERLY ALONG A 1500.00 FEET RADIUS CURVE CONCAVE WESTERLY, A DISTANCE OF 102.83 FEET, SAID CURVE HAVING A CHORD BEARING OF S23015'21 "E AND A CHORD LENGTH OF 102.81 FEET; THENCE S21 ° 17'3 I "E, A DISTANCE OF 48.45 FEET TO THE POINT OF BEGINNING. SAID TRACT OF LAND BEING SUBJECT TO AND TOGETHER WITH ANY AND ALL EASEMENTS OF RECORD. SAID TRACT OF LAND CONTAINS 84.95 ACRES. A PARCEL TO BE KNOWN AS PART OF PAINTED WOODS WEST. Section 2. Section 301.4 of Chapter 301, Waukee Municipal Code, Zoning Ordinance of the City, adopting the Official Zoning Map, is hereby amended by changing the following real estate from R-2 (One and Two Family Residential District) to C-IA (Neighborhood Commercial District), legally described as follows: A PORTION OF PARCEL "A" AS SHOWN ON THE PLAT OF SURVEY FILED 1N BOOK 2005 PAGE 246 AT THE; OFFICE OF THE DALLAS COUNTY RECORDER, BEING A PART OF THE EAST 15 ACRES OF THE NW 1/4 OF THE SE 1/4 OF SECTION 7, THE NE 1/4 OF THE SE 1/4 OF SECTION 7, AND THE NW 1/4 OF THE SW 1/4 OF SECTION 8, ALL IN TOWNSHIP 78 NORTH, RANGE 26 WEST OF THE 5th P.M., CITY OF WAUKEE, DALLAS COUNTY, IOWA, DESCRIBED AS: Book 2014 Page 11069 2 of 3 BEGINNING AT THE SOUTHEAST CORNER OF SAID PARCEL "A"; THENCE S83°39'07"W (BEARING BASIS GPS IOWA SOUTH ZONE) ALONG THE SOUTH LINE OF SAID PARCEL "A", A DISTANCE OF 1093.10 FEET; THENCE N21 ° 17'31 "W, A DISTANCE OF 48.45 FEET; THENCE NORTHERLY ALONG A 1500.00 FEET RADIUS CURVE CONCAVE WESTERLY, A DISTANCE OF 102.83 FEET, SAID CURVE HAVING A CHORD BEARING OF N23°15'21"W AND A CHORD LENGTH OF 102.81 FEET; THENCE N25 ° 13' 11 "W, A DISTANCE OF 141.67 FEET; THENCE NORTHEASTERLY ALONG A 700.00 FEET RADIUS CURVE CONCAVE NORTHWESTERLY, A DISTANCE OF 204.35 FEET, SAID CURVE HAVING A CHORD BEARING OF N56025'02"E AND A CHORD LENGTH OF 203.62 FEET; THENCE N48°03'15"E, A DISTANCE OF 233.82 FEET; THENCE EASTERLY ALONG A 800.00 FEET RADIUS CURVE CONCAVE SOUTHERLY, A DISTANCE OF 686.93 FEET, SAID CURVE HAVING A CHORD BEARING OF N72039'10"E AND A CHORD LENGTH OF 666.02 FEET; THENCE EASTERLY ALONG A 1000.00 FEET RADIUS CURVE CONCAVE NORTHERLY, A DISTANCE OF 127.06 FEET, SAID CURVE HAVING A CHORD BEARING OF S86023'19"E AND A CHORD LENGTH OF 126.98 FEET; THENCE N90°00'00"E, A DISTANCE OF 104.22 FEET TO THE EASTERLY LINE OF SAID PARCEL "A"; THENCE S00°29'51 "W ALONG THE EAST LINE OF SAID PARCEL "A", A DISTANCE OF 736.19 FEET TO THE POINT OF BEGINNING. SAID TRACT OF LAND BEING SUBJECT TO AND TOGETHER WITH ANY AND ALL EASEMENTS OF RECORD. SAID TRACT OF LAND CONTAINS 14.99 ACRES. A PARCEL TO BE KNOWN AS PART OF PAINTED WOODS WEST. Section 3. Repealer. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 4. Severability Clause. If any section, provision or part of this ordinance shall be adjudged invalid or unconstitutional, such adjudication shall not affect the validity of the ordinance as a whole or any section, provision, or part thereof not adjudged invalid or unconstitutional. Section 5. Effective Date. This ordinance shall be in effect upon its final passage, approval and publication as provided by law. Passed by the Council this 4t' day of August, 2014, and approved this 4t' day of August, 2014. Attest: Luo� Dr' hAvtA Rebecca D. Schuett, City Clerk trian Harrison, dayor Pro Tern Book 2014 Page 11069 3 of 3