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HomeMy WebLinkAbout2011-1120-12/05/2011Prepared by Carol Failor, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA, 50703. RESOLUTION NO. 2011-1120 RESOLUTION FIXING THE TIME AND PLACE OF HEARING AND NOTICE TO BE GIVEN ON THE VACATION, SALE AND CONVEYANCE OF A PORTION OF EDGEMONT AVENUE LOCATED BETWEEN CATARACT AVENUE AND PARK LANE, WITH A PORTION TO BE CONVEYED TO ARLIN ZEVENBERGEN FOR $16,263.83 AND A PORTION TO BE CONVEYED TO MKW APARTMENTS LLC FOR $1.00, AND ENTER INTO A DEVELOPMENT AGREEMENT, AS DECEMBER 19, 2011, AT 5:30 P.M. IN CITY HALL COUNCIL CHAMBERS, WATERLOO, IOWA, AND INSTRUCTING THE CITY CLERK TO PUBLISH THE NOTICE OF HEARING. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, AS FOLLOWS: Section 1. That the Council of the City of Waterloo, Iowa, shall meet at City Hall Council Chambers in the City of Waterloo, Iowa, at 5:30 p.m. on the 19th day of December, 2011, for the purpose of considering and acting upon a request to vacate, sell and convey a portion of Edgemont Avenue located between Cataract Avenue and Park Lane, with a portion to be conveyed to Arlin Zevenbergen for $16,263.83 and a portion to be conveyed to MKW Apartments LLC for $1.00, and enter into a Development Agreement, and legally described as follows: Parcel G A survey of Parcel "G" in the NW Frac. 1/4 of Sec. 03, T88N, R13W of the Fifth Principal Meridian, City of Waterloo, Black Hawk County, State of Iowa, more particularly described as follows: Beginning at the Southwest corner of Parcel "A" of said NW Frac. 1/4, also being the Northwest corner of Parcel "B" of said NW Frac. 1/4; thence N00°06'53"W, 204.00 feet along the Easterly right of way line of vacated Edgemont Avenue to a point; thence S89°57'00"W, 60.00 feet to the Westerly right of way line of Edgemont Avenue; thence S00°06'53"E, 204.00 feet along the Westerly right of way line of vacated Edgemont Avenue to a point; thence N89°57'00"E, 60.00 feet to the point of beginning, containing 12,240.00 sq. ft. or 0.028 acres. The City of Waterloo will retain a public utility easement over the west half of referenced Parcel "G" for current and future public utility use, all in the City of Waterloo, Black Hawk County, State of Iowa; to MKW Apartments LLC for $1.00, plus costs. and Parcel H A survey of Parcel "H" in the NW Frac. 1/4 of Sec. 03, T88N, R13W of the Fifth Principal Meridian, City of Waterloo, Black Hawk County, State of Iowa, more particularly described as follows: Resolution 2011-1120 Page 2 Beginning at the Southwest corner of Parcel "A" of said NW Frac. 1/4, also being the Northwest corner of Parcel "B" of said NW Frac. 1/4; thence S89°57"00"W, 60.00 feet to the Westerly right of way line of vacated Edgemont Avenue; thence S00°06'53"E, 213.26 feet along said Westerly right of way, to the Southerly right of way of Edgemont Avenue, also being the Northerly lot line of Lot 10 in Southaven Addition; thence N89°57'00"E, 220.38 feet along said Southerly right of way, to a point; thence N00°00'00"E, 60.00 feet to the Northerly right of way line of vacated Edgemont Avenue, also being the Southerly line of Parcel "B" of said NW Frac. 1/4; thence S89°57'00"E, 180.50 feet along said Northerly right of way line, to the Easterly right of way line of said vacated Edgemont Avenue; thence N00°06'53"W, 153.26 feet (recorded as North, 153.09 feet), along said Easterly right of way line, to the point of beginning, containing 23,622.29 sq. ft. or 0.542 acres. The City of Waterloo will retain a public utility easement over the Southerly 60..00 feet and the Westerly 30.00 feet of referenced Parcel "H" for current and future public utility use, all in the City of Waterloo, Black Hawk County, State of Iowa; to Arlin Zevenbergen for $16,263.83, plus costs. Section 2. 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 5th day of December, 2011. ATTEST: Suzy City C1-rk es, CMC rnest G. Clark, Mayor