HomeMy Public PortalAboutResolutions_22-44_10/19/20221
RESOLUTION NO. 22-44
RESOLUTION SETTING TIME AND PLACE OF PUBLIC HEARING
ON PROPOSED RE -ZONING OF REAL ESTATE IN NORTHWEST MARCUS
ALONG AND INCLUDING THE RAILROAD AND AMENDING THE
OFFICIAL ZONING MAP
WHEREAS, the Planning and Zoning Commission is recommending rezoning of
and amendments to the Official Zoning Map concerning private real estate for which the
City Council for the City of Marcus, Iowa, will hold a public hearing prior to action on
said rezoning of the following described real property:
I. ORDINANCE 355: Amending and Rezoning the real estate described below
from is present classification which is Residential District (R -1/R-3) to a new
classification to Central Business District (CB):
Lot Three (3) in Block Nine (9) of the First Addition to the Town of
Marcus, Cherokee County, Iowa
Said property is part of a real estate contract wherein Philip M. Door is
transfering the real estate to United Bank of Iowa, N.A.. United Bank of Iowa,
N.A. will be the sole owner at the time set for public hearing.
II. ORDINANCE 356: Amending and Rezoning the real estate described below
as follows:
1. From its classification which is "CB" Central Business District to "A" Agriculture
and Conservation District:
Lot 1 Except the East 86 feet thereof and Part of Lot 2 in a Sub -Division of the
SW1/4 of Section 33, Township 93 North, Range 42 West of the 5th P.M. as
shown by the Irregular Survey recorded in Plat Book 2, page 33 in the Office of
the Cherokee County Recorder, and more particularly described as follows:
Commencing at the Southwest corner of Lot 2 thence North along the West line
of Lot Two a distance of 321.5 feet to the point of beginning; thence North along
the West line of Lot Two a distance of 35.5 feet (measured 32.61 in Doc #20
2333); thence Easterly along the North Line of Lot Two a distance of 463 feet;
thence Southerly along the East line of Lot two a distance of 75 feet thence
Westerly to the point of beginning.
AND All of Lot 8 measured as the 25 feet north of the Sub -Division of the SW1/4
of Section 33, Township 93 North, Range 42 West of the 5th P.M. as shown by the
Irregular Survey recorded in Plat Book 2, page 33 in the Office of the Cherokee
County Recorder
Said property is owned by Farmers Cooperative Elevator (a.k.a. First Cooperative
Association or Ag State)
AND
ALL THAT PART OF THE ILLINOIS CENTRAL RAILROAD IN THE
CORPORATE LIMITS OF THE CITY OF MARCUS
2. From its classification of "R -1/R-3" Residential District to "A" Agriculture and
Conservation District:
The East 300 5/6 feet of the West 480 feet of Lot 2 in a Sub -Division of the SW1/4
of Section 33, Township 93 North, Range 42 West of the 5th P.M. as shown by the
Irregular Survey recorded in Plat Book 2, page 33 in the Office of the Cherokee
County Recorder EXCEPTING THEREFROM the South 181.5 feet thereof and
FURTHER EXCEPTING THEREFROM a Tract of Land more particularly
described as follows: Commencing at the SW Corner of said Lot 2; thence North
along the West Line of Lot 2 a distance of 321.5 feet to the poin of beginning;
thence North along the West line of Lot 2 a distance of 35.5 feet; thence Easterly
along the North line of Lot 2 a distance of 463 feet; thence Southerly along the
East line of Lot 2 a distance of 75 feet; thence Westerly to the point of beginning.
Said property is owned by Cameron R. Rassel and Gina R. Rassel
3. A diagram of the proposed Zoning Changes and a Survey of said Parcels are
shown in a Plat of Survey recorded in the Office of the Cherokee County
Recorder in Document 2020 2333 on November 25, 2020 and showing part of Lot
2 in an Irregular Survey of Part of the SW1/4 of Section 33, Township 93 North,
Range 42 W of the 5th P.M. as recorded in the Office of the Cherokee County
Recorder in Plat Book 2, page 33 and attached hereto.
WHEREAS, the Council now sets the time and place for a public hearing upon said
rezoning and amendment to the Official Zoning Map.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Marcus that a public hearing be held on the 14th day of November 2022, at 5:10 p.m. in the
City Hall Council Chambers in City Hall, and that the attached public notice of the time
and place of said public hearing shall be given by publication in the Marcus News at least
seven (7) days but not more than twenty (20) days prior to the established date of the public
hearing.
PASSED AND APPROVED this 1 day of 00-4-013-C/r , 2022.
.b4Pe6
Patrick J. Bunt, Mayor
ATTEST:
a. 14(-(AAJ`e}-r
City Clerk -Treasurer
Attachment: Map Noting Amendment Area in Doc #20 2333 recorded on 11/25/2020 in
the Office of the Recorder for Cherokee County, Iowa.
ML TO:AL FAGAN LAND SURVEYING,P.C.
P.O.BOX 858-MERRILL,1A 51038
COUNTY: CHEROKEE 111111111111 IN 11111 IN 111111111111111 Hil 111 11E 1111111111111111111 V IN
SECTION(S): 33 T. 93 N, R. 42 W DoCument 2020 2333
Book 2020 Page 2333 Type 03 012 Pages 2
ALIQUOI'PART: PART OF THE S.W.114 Date 11/25/2020 T6me 10:26 AM
CITY: Rec Amt $12.00
SUBDMSION:
BLOCK(S
LOT(S): PART OF LOT 2 SAMANTHA BOOTHBY, RECORDER
PROPRIETOR(S); PARCEL I AND PARCEL IIISEE OWNER NOTE CHEROKEE 1A
PARCEL I I r AIM PARCELV, SEE OWNER NOTE
RE �DBY MICHAEL W. MOATS
AL MAN LAND SURVEYINGF.C.-P.Q.OX 858-MERRILL, IOWA 51031-PH.(712)530,1471
PAGE I OF 2
�
an
L L P9
an '09
z
ra
.4s KAU, m
.2
rn m
M
z 0
2-
0 0
PQ
R
PA
T6
0 z z oS'Z8T z
w r, RSry ro 4i Ell
T p"G&P N
a
S'TET
0 E16Z '9TOS
-05 TOT
q
P ou
OQ m
El
.T6C.d
o .
TOT w
IN
z
wm iw
z VkET
R-- 0
Tb.Gz.t z
0 EZVZ 'IT,,
S mil
f�4
g-
CA
P4 gaaFF
H P4 11
124 H o w
Ln W
P4
u -HH
m H U1 35'Trr
�
glow
U2 r4
'
F-4 H o
z
P4 P4 V] I rHl�
EN
i
AL PAGAN LAND SURVEYING P.C.-P.O.BOX 858-MERRILL,IOWA 51038-PH. (712)539-1471,
PAGE 2 OF 2 33-93-42 SW DESC,
DESCRIPTION PARCEL I: (WARRANTY DEED BOOK 2020,PAGE 1538)
THE EAST 300 5/6 FEET OF THE WEST 480 FEET OF LOT 2 IN A SUB-DIVISION OF THE S.W.1/4 OF
SECTION 33,TOWNSHIP 93 NORTH,RANGE 42 WEST OF THE 5-P.M.,AS SHOWN BY THE
IRREGULAR SURVEY RECORDED IN PLAT BOOK 2,AT PAGE 33,IN THE OFFICE OF THE CHEROKEE__
COUNTY RECORDER,EXCEPTING THEREFROM THE SOUTH 181.5 FEET THEREOF,AND FURTHER
EXCEPTING THEREFROM A TRACT OF LAND MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE S.W.CORNER OF SAID LOT 2;THENCE NORTH ALONG THE WEST LINE OF
LOT 2 A DISTANCE OF 3215 FEET TO THE POINT OF BEGINNING;THENCE NORTH ALONG THE
WEST LINE OF LOT 2 A DISTANCE OF 35.5 FEET;THENCE EASTERLY ALONG THE NORTH LINE OF
LOT 2 A DISTANCE OF 463 FEET;THENCE SOUTHERLY ALONG THE EAST LINE OF LOT 2 A
DISTANCE OF 75 FEET;THENCE WESTERLY TO THE POINT OF BEGINNING.
DESCRIPTION PARCEL II:(WARRANTY DEED INSTRUMENT 9 97-2224)
A TRACT OF LAND IN THE SOUTHWESTERN PORTION OF LOT 21N THE IRREGULAR SURVEY OF A
PART OF THE S,W.1/4 OF SECTION 33,TOWNSHIP 93 NORTH,RANGE 42 WEST OF THE 5TH PRINCIPAL
MERIDIAN,LYING NORTH OF CEDAR STREET AS EXTENDED WESTWARD AND BOUNDED AND
DESCRIBED AS FOLLOWS; COMMENCING AT A POINT ON THE SOUTH LINE OF SAID LOT 2,373.5
FEET EAST OF THE S.W.CORNER OF SAID LOT AND RUNNING NORTHWARD PARALLEL WITH THE
;.WEST LINE OF SAID LOT,181.5 FEET;THENCE EASTWARD AT RIGHT ANGLES 106.5 FEET;THENCE
SOUTHWARD PARALLEL WITH THE WEST LINE OF LOT 2,181.5 FEET;AND THENCE WESTWARD
ALONG THE SOUTH LINE OF SAID LOT 2 TO THE PLACE OF BEGINNING.
-. . DESCRIPTION PARCEL III: (WARRANTY DEED BOOK 2020,PAGE 1539)
THE EAST 160 FEET OF THE WEST 640 FEET OF LOT 2 IN A SUB-DIVISION OF THE S.W.1/4 OF
SECTION 33,TOWNSHIP 93 NORTH,RANGE 42 WEST OF THE 5T}r P,M„AS SHOWN BY THE
IRREGULAR SURVEY RECORDED IN PLAT BOOK 2,AT PAGE 33,IN THE OFFICE OF THE CHEROKEE
COUNTY RECORDER,EXCEPTING THEREFROM THE SOUTH 181.5 FEET THEREOF.
AND
THE WEST 5 FEET OF THE EAST 118.5 FEET OF LOT 21N A SUB-DIVISION OF THE S.W.1/4 OF
SECTION 33,TOWNSHIP 93 NORTH,RANGE 42 WEST OF THE 5TH P.M.,AS SHOWN BY THE
IRREGULAR SURVEY RECORDED IN PLAT BOOK 2,AT PAGE 33,IN THE OFFICE OF THE CHEROKEE
COUNTY RECORDER
DESCRIPTION PARCEL IV: (COURT OFFICER DEED INSTRUMENT 4 02-1852)
THAT PART OF LOT 2 IN AN IRREGULAR SURVEY OF PART OF THE S.W,114 OF SECTION 33,
TOWNSHIP 93 NORTH,RANGE 42 WEST OF THE 5TH P.M.,AS RECORDED IN THE OFFICE OF THE
CHEROKEE COUNTY RECORDER IN PLAT BOOK 2,PAGE 33,DESCRIBED AS FOLLOWS:
COMMENCING AT A POINT 550 FEET EAST OF THE S.W.CORNER OF LOT 2;THENCE NORTHERLY
IS 1.5 FEET PARALLEL WITH THE WEST LINE OF LOT 2;THENCE EASTERLY 90 FEET;THENCE
SOUTHERLY 181.5 FEET PARALLEL TO THE WEST LINE OF LOT 2;THENCE WESTERLY TO THE
POINT OF B EGINNING,
ALL BEING SUBJECT TO AND TOGETHER WITH ANY AND ALL EASEMENTS,RESTRICTIONS AND
COVENANTS,