HomeMy WebLinkAbout2017-340-5/8/2017 Prepared by LeAnn M. Even, City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA
50703, (319)291-4323.
RESOLUTION NO. 2017-340
RESOLUTION DIRECTING PROCESS FOR THE SALE OF
CERTAIN TRACTS OF LAND FORMERLY PORTIONS OF
WEST SAN MARNAN DRIVE AND SETTING THE DATE OF
PUBLIC HEARING ON AN OPPORTUNITY TO BE HEARD
AS JULY 10, 2017, SETTING THE BID OPENING AS JULY 13,
2017, AND SETTING DATE OF PUBLIC HEARING ON THE
SALE AND TAKING OF BIDS FOR SAID PROPERTY AS
JULY 17, 2017, AND INSTRUCT CITY CLERK TO PUBLISH
AND MAIL NOTICE OF SAID HEARINGS AND TAKING OF
BIDS.
WHEREAS,the City has previously attempted to sell and convey certain portions of right
of way formerly being portions of West San Marnan Drive; and
WHEREAS, the Iowa Supreme Court has declared that the City did not use the proper
procedure in conveying said property; and
WHEREAS, on July 7, 2014, the Iowa District Court enjoined the City "from selling or
transferring" the portions of land which were formerly part of West San Marnan Drive "without
following the procedures prescribed in Iowa Code Section 306.23;"and
WHEREAS,the City now wishes to sell the following described tracts (which are subject
to the injunction) in accord with Iowa Code Section 306.23;
Tract 1:
That part of the Southwest Quarter of Section 5, Township 88 North, Range 13 West of
the Fifth P.M., Black Hawk County, Iowa, described as follows:
Commencing at the Southwest corner of said Southwest Quarter; thence N89°49'35" E
1166.63 feet along the South line of said Southwest Quarter to the point of beginning;
thence N2°21'21" W 21.34 feet to the former North right-of-way line of West San
Mannan Drive (formerly Primary Road No. 412); thence N87°38'39'E 1487.92 feet along
said former right-of-way to the East line of said Southwest Quarter; thence SO°09'45" E
77.99 feet to the Southeast corner of said Southwest Quarter; thence S89°49'35" W
1486.01 feet along the South line of said Southwest Quarter to the point of beginning,
containing 1.695 acres.
Tract 2:
That part of the Southeast Quarter of Section 5, Township 88 North, Range 13 West of
the Fifth P.M., Black Hawk County, Iowa, described as follows:
Beginning at the Southwest corner of said Southeast Quarter; thence NO°09'06"W 77.99
feet to the former North right-of-way line of West San Mannan Drive (formerly Primary
Road No. 412); thence N87'27'1 I"E 1641.43 feet along said former right-of-way; thence
S2032'49"E 100.76 feet; thence Southwesterly 37.81 feet along a 570.00 foot radius
curve, concave Southerly, said curve having a chord of 37.81 feet and bearing
Resolution 2017-340
Page 2
S67°34'44"W; thence Southwesterly 99.21 feet along a 510.00 foot radius curve,
concave Northerly, said curve having a chord of 99.05 feet and bearing S71"15'04"W, to
the South line of said Southeast Quarter; thence S89°50'54"W 1515.34 feet along the
South line of said Southeast Quarter to the point of beginning, containing 4.175 acres.
Tract 3:
That part of the Northwest Quarter of Section 8, Township 88 North, Range 13 West of
the Fifth P.M., Black Hawk County, Iowa, described as follows:
Commencing at the Northwest corner of said Northwest Quarter; thence N89°49'35"E
1166.63 feet along the North line of said Northwest Quarter to the point of beginning;
thence N89°49'35"E 1486.01 feet along the North line of said Northwest Quarter to the
Northeast corner of said Northwest Quarter; thence SO°09'45"E 52.11 feet; thence
S87038'39"W 1268.30 feet; thence Westerly 135.88 feet along a 480 foot radius curve,
concave Northerly, said curve having a chord of 135.43 feet and bearing N84°14'46"W;
thence Westerly 82.40 feet along a 540.00 foot radius curve, concave Southerly, said
curve having a chord of 82.32 feet and bearing N80°30'28"W; thence N2°21'21"W
72.65 feet to the point of beginning, containing 2.666 acres.
Tract 4:
That part of the Northeast Quarter of Section 8, Township 88 North, Range 13 West of
the Fifth P.M., Black Hawk County, Iowa, described as follows:
Beginning at the Northwest corner of said Northeast Quarter; thence N89°50'54"E
1515.34 feet along the North line of said Northeast Quarter; thence Southwesterly 94.61
feet along a 510.00 foot radius curve, concave Northerly, said curve having a chord of
94.48 feet and bearing S82°08'18"W; thence S87°27'11"W 477.10 feet; thence
S88 39 59 W 945.22 feet; thence N0009 45 W 52.11 feet to the point of beginning,
containing 1.184 acres.
and
WHEREAS, the City has now obtained an independent appraisal of each tract from Rally
Appraisal, L.L.C. as follows:
Tract 1. $318,248
Tract 2. $783,886
Tract 3. $500,561
Tract 4. $222,305
and
WHEREAS, present owners and original owners (excluding those who are deceased)
have been identified by staff.
NOW THEREFORE BE IT RESOLVED by the City Council of the City of Waterloo,
Iowa, that:
Section 1. It is directed that the above-described tracts of land be offered for sale in
accord with Iowa Code Section 306.23.
Section 2. City staff is directed to prepare in accord with Iowa Code Section 306.23
notices to be mailed by certified mail to such persons as are entitled to notice, and to publish
such notices, staff shall also prepare a sealed Offer to Buy form. All bids shall be due on July 13,
2017 at 1:00 p.m. in the offices of the City Clerk upon such sealed bid form as staff shall
prepare, at which time bids will be opened in the First Floor Conference Room at City Hall, 715
Mulberry Street.
Section 3. In accord with Iowa Code Section 306.23 the notice to such persons as are
entitled to notice shall provide for an opportunity to be heard by the Council at a hearing at its
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regular meeting of July 10, 2017. All bids received shall be considered by the Council at a
hearing at its regular meeting of July 17, 2017. The City Clerk is instructed to publish notice of
these hearings in compliance with Iowa Code Section 364.7 prior to the regular Council meeting
of July 10, 2017 and July 17, 2017.
Section 4. That the Council of the City of Waterloo, Iowa, shall meet in the Harold E.
Getty Council Chambers, City Hall, in the City of Waterloo, Iowa, at 5:30 p.m. on the 10th day
of July, 2017, for the purpose of holding a public hearing on an opportunity to be heard, and the
Council of the City of Waterloo, Iowa, shall meet in the Harold E. Getty Council Chambers, City
Hall, in the City of Waterloo, Iowa, at 5:30 p.m. on the 17th day of July, 2017, for the purpose of
holding a public hearing on the sale of certain tracts of land formerly portions of West San
Marnan Drive, in the City of Waterloo, with the taking of bids therefore.
PASSED AND ADOPTED this 8th day of May 2017.
Quentin Hart, Mayor
ATTEST:
Kelley Fe h e
City Clerk