Transmitted is a request to set the date of public hearing as October 18, 2021, to approve a request by the City of Waterloo to sell and convey City owned vacated right-of-way near East High School at 214 High Street to the Waterloo Community School District for $1.00, with the retention of easements over portions of the areas to be conveyed, and instruct City Clerk to publish notice. 

In the 1970's the City vacated several pieces of City owned right-of-way with the intention of conveying said right-of-way to the Waterloo Community School District.  For reasons unknown, the conveyance of said vacated right-of-way never occurred.  These pieces of former right-of-way are now being used as various parts of East High School's campus, including green space, parking lots, and baseball diamonds.  Also, in 2001 the City vacated portions of Vine Street and South Barclay Street with the intention of conveying the area to the School District who planned to block off the roads and incorporate the area into their campus.  However, the School District's plans changed and the vacated right-of-way was never conveyed.  The City would now like to return Vine Street from High Street eastward and South Barclay Street south of Vine Street back to public right-of-way, as they have remained open for public use and are still maintained as public roads.  The portion of South Barclay Street north of Vine Street will remain vacated.  Easements were retained on the appropriate parcels in the original vacates that need easements due to utilities, and a new easement will be retained for a future recreational trail across the property described as that part of Vine Street between the northeasterly line of Walnut Street and the westerly line of Fremont Street.

The site has been zoned “R-3” Multiple Residence District since the adoption of the Zoning Ordinance in 1969.

North – The Canadian National Railroad yard – M-1 Light Industrial District.

South – East High School – “R-3” Multiple Residence District.  

East – The Canadian National Railroad yard – M-1 Light Industrial District.

West –Downtown Waterloo - “C-2" Commercial District and “C-3” Central Business District

These vacate areas are not located in a flood plain as indicated by the FEMA Flood Insurance Rate Map No. 1900025 0189F

The vacate area contains sanitary sewer and water mains.  A utility easement will need to be retained over the entirety of the vacate area.

The request to vacate would not appear to have a negative impact on vehicular or pedestrian traffic in the area., or on drainage.  The vacate area is currently part of East High School's parking lot.  The vacate area was originally vacated along with additional surrounding streets on March 5, 2001 in Ordinance No. 4459.  the other surrounding streets that were vacated as part of Ordinance No. 4459 were planned to be blocked off and included in the East High School Campus Master Plan for access control of the site, but these areas are no longer desired by Waterloo Community Schools.  They were never conveyed to the Schools, and they have continued to be opened and maintained as public roads, and the City would like to return them to public right-of-way status.

Therefore, staff recommends the Request by the City of Waterloo to vacate 0.27 acres of City owned right-of-way at East High School at 214 High Street and is located in the “R-3” Multiple Residence District, be approved for the following reasons:

1.  The request to vacate would not appear to have a negative impact on the surrounding area.

2.  The request to vacate would not appear to have a negative impact on vehicular or pedestrian traffic conditions in the area.

3. The request to vacate would allow for the City to return those segments of Vine Street and South Barclay Street not desired by Waterloo Community Schools to public right-of-way status and to keep vacated a portion of South Barclay Street that is currently used as a parking lot by East High School.

The request to sell the vacated areas would not appear to have a negative impact on the neighborhood. 

1.     All of Pierce Street in Auditor Rainbow’s Plat of Cascaden Place, except that part deeded to the Chicago, Central, and Pacific Railroad.

2.     All of Cascaden Avenue in Auditor Rainbow’s Plat of Cascaden Place

3.     A certain tract or parcel of land situated in the Northeast quarter of the Northeast quarter of the Southwest quarter of Section twenty-four (24), Township eighty-nine (89) North, Range thirteen (13) West of the of the Fifth Principal Meridian bounded and described as follows, to-wit:

    Beginning at a point in the West line of the Northeast quarter of the Northeast quarter of the Southwest quarter of said Section twenty-four (24) fifty nine and one-half (59 ½) feet North of the Southwest corner thereof, and extending thence North forty one and one-half (41 ½) feet; thence Southeasterly parallel to the center line of the main track of the Dubuque and Sioux City Railroad to the South line of the Northeast quarter of the Northeast quarter of the Southwest quarter of said Section twenty-four (24); thence West a distance of seventy (70) feet More or less to the Northeast corner of Lot eight (8), in Block seventy-four (74) of Cooley’s Addition to Waterloo; thence Northwesterly in a straight line to the place of beginning, containing one-tenth (1/10) of an acre, more or less.

4.     That portion of Fremont Street described as follows:

Beginning at the northeast corner of Lot 12, Block 3, Auditor Rainbow’s Plat of Cascaden Place; thence south along the east line of said Lot 12 to the southeast corner of said lot; thence south along the east line of that portion of Fremont Street previously vacated and last described in Deeds Book 492, Page 636 to its intersection with the eastward extension of the south line of Block 3, Auditor Rainbow’s Plat of Cascaden Place (said south line of Block 3 also being the north line of Pine Street as platted); thence east on the continuation of the eastward extension of the south line of said Block 3 to the west line of Block 74, Cooley’s Addition; thence north along the west line of said Block 74 to the south line of Lot 1, Block 4 of Auditor Rainbow’s Plat of Cascaden Place; thence west along the south line of said Lot 1 to the southwest corner of said Lot 1; thence north along the west line of said Lot 1 to the northwest corner of said Lot 1; thence west to the point of beginning.

The property described above being the same property described in City of Waterloo Ordinance No. 2618 and filed in Miscellaneous Book 202 at Page 280, in the Black Hawk County Recorder’s Office.

5.     All that part of Pine Street, being 70 feet wide, as platted in the Cooley Addition to Waterloo, Black Hawk County, Iowa, between the east line of East Fourth Street and the west line of Fremont Street, subject to the retention of an easement for utilities over all.

6.     All of the alley, being 20 feet wide, as platted in Block 73 in the Cooley Addition to Waterloo, Black Hawk County, Iowa.

7.     All that part of Fremont Street, being 70 feet wide, platted as Fifth Street in the Cooley Addition to Waterloo, Black Hawk County, Iowa, between the north line of Lime Street and the north line of Pine Street, subject to the retention of an easement for utilities over all except the easterly 6 feet in even width.

8.     All of the alley in Block Seventy-four (74) Cooley Addition.

9.     All that part of High Street lying north of Lime Street in Cooley Addition.

10.     All that part of Lot No. 8, Block 75 in Cooley’s Addition in the City of Waterloo, Black Hawk County, Iowa, lying southwesterly of a line from the Northwest corner to the Southeast corner of said Block 75.

11.     The Southerly 90 feet of the alley, being 20 feet wide, as platted in Block 78 in the Cooley Addition to Waterloo, Black Hawk County, Iowa, subject to the retention of an easement for utilities over all.

12.     All that part of Fremont Street, being 70’ wide, platted as Fifth Street in the Cooley Addition to Waterloo, Black Hawk County, Iowa, between the north line of Vine Street and the south line of Lime Street, subject to the retention of an easement for utilities over all.

13.     All of the alley, being 20 feet wide, as platted in Block 77 in the Cooley Addition to Waterloo, Black Hawk County, Iowa, subject to the retention of an easement for utilities over all.

14.     All that part of Vine Street, being 70 feet wide, as platted in the Cooley Addition to Waterloo, Black Hawk County, Iowa, between the northeasterly line of Walnut Street and the westerly line of Fremont Street, subject to the retention of an easement for utilities and for the future construction of a public recreational trail over all.

15.     The Northerly 60 feet of the alley, being 20 feet wide, as platted in Block 78 in the Cooley Addition to Waterloo, Black Hawk County, Iowa, subject to the retention of an easement for utilities over all.

16.     That portion of South Barclay Street lying north of Vine Street and south of the Illinois Central Railroad (now Canadian National Railroad) property, subject to the retention of an easement for utilities over all.