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HomeMy WebLinkAbout2017-343-5/8/2017(RECORDED)11111111111111111311111112111 Doc ID 007648570003 Type: GEN R c rded 06/08/2017 at 01:57 33 PM F e Amt: $17.00 Pape 1 of 3 Bla k Hawk County Iowa SANDIE L. SMITH RECORDER F11e2017-00021629 *Prepared by LeAnn M. Even, Deputy Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2017-343 RESOLUTION AUTHORIZING SALE AND CONVEYANCE OF PLATTED ALLEY, LOCATED ADJACENT TO AND NORTH OF 1118 ANSBOROUGH AVENUE, TO VILLAGE PROPERTIES, LLC FOR $1.00 PLUS COSTS, SUBJECT TO THE RETENTION OF AN EASEMENT OVER THE NORTH 10 FEET OF THE AREA TO BE CONVEYED, AND AUTHORIZE CITY ATTORNEY TO PREPARE AND DELIVER DEED ACCORDINGLY AND AUTHORIZE MAYOR AND CITY CLERK TO EXECUTE SAID DOCUMENTS. WHEREAS, the City of Waterloo, Iowa is the owner of real property in the City of Waterloo, Iowa, as describe below, and WHEREAS, an offer to purchase the City owned property, generally located north of 1118 Ansborough Avenue, has been made by Village Properties, LLC, in the amount of $1.00, and WHEREAS, a public hearing was held on May 8, 2017, at 5:30 p.m. in the Harold E. Getty Council Chambers, City Hall, Waterloo, Iowa, as provided by law, by the Council of the City of Waterloo, Iowa, on the proposal to sell and convey said property owned by the City of Waterloo, Iowa, to Village Properties, LLC, and WHEREAS, it is the opinion of this council that said sale and conveyance should be made as proposed. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, AS FOLLOWS: 1. The following described real property, as fully described in the published notice in the Waterloo Courier on April 28, 2017 is not presently needed and will not be needed in the foreseeable future for municipal purposes and its ownership is serving no municipal purpose, and 2. That the offer of Village Properties, LLC to purchase real property for the sum of $1.00, is hereby accepted for real property described as follows: ALL THAT PART OF THE EAST -WEST ALLEY IN BLOCK NO. 17, "DOWNING PLACE", CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA, DESCRIBED AS FOLLOWS: BOUNDED ON THE NORTH BY THE SOUTH LINES OF LOT NOS. 1, 2 AND 3 IN SAID BLOCK NO. 17; BOUNDED ON THE EAST BY THE EAST LINE OF SAID BLOCK NO. 17 BOUNDED ON THE SOUTH BY THE NORTH LINE OF LOT NO. 20 IN SAID BLOCK NO. 17; BOUNDED ON THE WEST BY THE NORTH EXTENSION OF THE WEST LINE OF LOT NO. 20 IN SAID BLOCK NO. 17. CONTAINING 2,020 SQ. FT. MORE OR LESS. SUBJECT TO THE RETENTION OF AN EASEMENT FOR PUBLIC UTILITIES OVER THE NORTH 10 FEET OF THE ABOVE DESCRIBED AREA. '-7 Resolution No. 2017-343 Page 2 3. That the City of Waterloo, Iowa conveys said parcel of real property described above to Village Properties, LLC by Quit Claim Deed. 4. That the conveyance is subject to the retention of an easement over the north 10 feet of the area to be vacated. 5. That the Mayor and City Clerk are authorized and directed to execute said Quit Claim Deed. 6. That the original of said Quit Claim Deed fully executed and acknowledged is hereby approved and confirmed by this Council. 7. That the City Attorney is authorized and directed to deliver said Quit Claim Deed to Village Properties, LLC upon receipt of $1.00. :PASSED AND ADOPTED this 8th day of May 2017. 1 Kelley Fel41i1 - City Clerk Quentin Hart, Mayor CERTIFICATE I, Kelley Felchle, City Clerk of the City of Waterloo, Iowa, do hereby certify that the preceding is a true and complete copy of Resolution 2017-343, as passed and adopted by the Council of the City of Waterloo, Iowa, on the 8th day of May 2017. Witness my hand and seal of office this 8th day of May 2017. Kelley Fel City Clerk STATE OF IOWA, } Black Hawk County, SS NOTICE OF PUBLIC HEARING TO WHOM ITMAY CONCERN Notice is hereby given that on the 8th day of May 2017 at 530 p.m., 1n the Harold E Getty Council Chambers in the City Halt In the City of Waterloo, Iowa, a public hearing will be held by the Council of the City of Waterloo, Iowa, to consider and authorize a' request by Village Properties LLC, to enter into a development agreement to vacate, sell and convey ai. rectangular portion of public alley right of way, ;located adjacent: and north e 1118 Ansborough Avenue for 5100,f1 legally described asfollows i ALL THAT PART OF THE EAST -WEST ALLEY IN BLOCK NO. 17,:: DOWNING' PLACE"; :CITY OF. WATERLOO BLACK': HAWK COUNTY, IOWA `=DESCRIBED';: AS FOLLOWS: BOUNDED ON THE NORTH BY THE SOUTH LINES OF LOT NOS. 1, 2 AND 3 IN SAID BLOCK NO. 17, BOUNDED;' ON THE EAST BY THE EAST UNE OF SAID BLOCKNO. 17 BOUNDED ON THE SOUTH BY THE NORTH LINE OF LOT NO.20 IN SAID.: BLOCK NO: 17, BOUNDED ON THE WEST BY THE, NORTH EXTENSION OF THE WEST LINE OF LOT NO. 20 IN SAID BLOCK NO 17 CONTAINING 2;020 5D FT. MORE OR LESS ALL IN THE CITY OF WATERLOO BLACK HAWK COUNTY,'. IOWA Anyone who is interested may appear at said time and place and be heard or may file written objection with the City Clerk City Hall Waterloo, Iowa before the date set for said hearing. By order of the Council of the City of Waterloo this 24th day of April 2017. Kelley Felchle City Clerk I do solemnly swear that the annexed copy of legal City of Waterloo Public Hearing Village Properties LLC, 1118 Ansborough Ave. Notice was published in the Waterloo -Cedar Falls Courier, a daily newspaper printed in Waterloo, Black Hawk County, Iowa, once commencing on the 28th day of April, 2017 in the name of said newspaper, and that the annexed rate of advertised is the regular legal rate of said newspaper, and that the following is a correct bill for publishing said notice. Printer's Bill $20.68 L 1� 1..1..4_ K k�l llz• Signed Subscribed and swom to before me this 3 Day of Maki A.D., 20 1 1 1e i mcC&L4u] Notary Public Received of the sum of Dollars. In full for publication of the above notice. JODI E MCKlNSTRY COMMS or' N+.7S2413 Dry CO..,'.f: ?El�rL.F 11111111111111111111111111111111ii11 Doc ID: 007648550002 Type: Recorded: 06/08/2017 at 01:52:48 PM Fee Amt: $17.00 Page 1 of 2 Revenue Tax: $0.00 Black Hawk County Iowa SANDIE L. SMITH RECORDER Fi1e2Q17-00021628 W / 1� v‘# A4. R Prepared by David R. Zellhoefer, City Attorney, 715 Mulberry, Waterloo, IA, 50703, telephone (319) 291-4327 TAX STATEMENT: Village Creek Rentals, LLC, 1118 Ansborough Ave., Waterloo, Iowa 50701 SPACE ABOVE THIS LINE FOR RECORDER QUIT CLAIM DEED For the consideration of ($1.00) One Dollar and no/100 Dollar(s) and other valuable consideration, plus costs CITY OF WATERLOO, IOWA does hereby Quit Claim to VILLAGE CREEK RENTALS, LLC, all our right, title, interest, estate, claim and demand in the following -described real estate in Black Hawk County, Iowa: See attached legal description marked Exhibit "A". This transaction exempt from Documentary Stamp and Declaration of Value per Iowa Code §428A.2(6) (2017). Each of the undersigned hereby relinquishes all rights of dower, homestead and distributive share in and to the real estate. yVards.apd phrasesherein, including acknowledgment hereof shall beconstrued as in the singular or plural number, and as masculine or _-feini ,ender, according to the context. •15ated- May' i; 2017 CITY OF WATERLOO, IOWA r -- 4 �- O � Quentin Hart, Mayor elley Felc ( e, City Clerk STATE OF IOWA, COUNTY OF BLACK HAWK ) ss On this 8th of May, 2017, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Quentin Hart and Kelley Felchle, to me personally known, and who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Waterloo, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation by authority of its City Council as contained in the Resolution adopted by the City Council, under Council Action No. 146389 of the City Council on the 8th day of May, 2017, and that Quentin Hart and Kelley Felc,l�la;.:aokn,9.wledged the execution of the instrument to be their voluntary act and deed and the voluntary act and feed oi-}he corporation, by it voluntarily executed. o > _ ,,,„ \ }} Jnr J 6LZuc• 0. ., , _= of Public in an for the State of Iowa 1� Exhibit "A" — Legal Description: All that part of the East-West alley in Block No. 17, "Downing Place", City of Waterloo, Black Hawk County, Iowa, described as follows: bounded on the North by the South lines of Lot Nos. 1, 2 and 3 in said Block No. 17; bounded on the East by the East line of said Block No. 17 bounded on the South by the North line of Lot No. 20 in said Block No. 17; bounded on the West by the North extension of the West line of Lot No. 20 in said Block No. 17. Containing 2,020 sq. ft. more or less. Subject to the retention of an easement for public utilities over the North 10 feet of the above described area. 1111111111111111111 1111111111111 11111111111E111 11 D ID. 007648560003 Typ GMH K nd GROUND WATER HAZARD STATEMENT R corded: 06/08/2017 at 01:56:56 PM Fee Amt: $0.00 Page 1 of 3 Black Hawk County Iowa SANDIE L. SMITH RECORDER 11111 F11e9998_00005942 REAL ESTATE TRANSFER - GROUNDWATER HAZARD STATEMENT TO BE COMPLETED BY TRANSFEROR TRANSFEROR: Name City of Waterloo Address 715 Mulberry Street, Waterloo, Iowa 50703 Number and Street or RR City, Town or P.O. State Zip TRANSFEREE: Name Village Properties, LLC Address 1118 Ansborough Avenue, Waterloo, Iowa 50701 Number and Street or kk lnly, 1 own or M.U. Address of Property Transferred: Vacated alley adimcent to 1118 Anchnrnjjp Arp Nu ber ants eetw i awn, or .C. Legal Description of Property: (Attach if necessary) See attached Exhibit "A" State ap Stale ap 1. Wells (check one) Ii There are no known wells situated on this property. ❑ There is a well or wells situated on this property. The type(s), location(s) and legal status are stated below or set forth on an attached separate sheet, as necessary. 2. Solid Waste Disposal (check one) O There is no known solid waste disposal site on this property. o There is a solid waste disposal site on this property and information related thereto is provided in Attachment #1, attached to this document. 3. Hazardous Wastes (check one) %1 There is no known hazardous waste on this property. O There is hazardous waste on this property and information related thereto is provided in Attachment #1, attached to this document. 4. Underground Storage Tanks (check one) • There are no known underground storage tanks on this property. (Note exclusions such as small farm and residential motor fuel tanks, most heating oil tanks, cistems and septic tanks, in instructions.) ❑ There is an underground storage tank on this property. The type(s), size(s) and any known substance(s) contained are listed below or on an attached separate sheet, as necessary. FILE WITH RECORDER DNR form 542-0960 (July 18, 2012) 5. Private Burial Site (check one) • There are no known private burial sites on this property. O There is a private burial site on this property. The location(s) of the site(s) and known identifying information of the decedent(s) is stated below or on an attached separate sheet, as necessary. 6. Private Sewage Disposal System (check one) Xl All buildings on this property are served by a public or semi-public sewage disposal system. 0 This transaction does not involve the transfer of any building which has or is required by law to have a sewage disposal system. ❑ There is a building served by private sewage disposal system on this property or a building without any lawful sewage disposal system. A certified inspector's report is attached which documents the condition of the private sewage disposal system and whether any modifications are required to conform to standards adopted by the Department of Natural Resources. A certified inspection report must be accompanied by this form when recording. ❑ There is a building served by private sewage disposal system on this property. Weather or other temporary physical conditions prevent the certified inspection of the private sewage disposal system from being conducted. The buyer has executed a binding acknowledgment with the county board of health to conduct a certified inspection of the private sewage disposal system at the earliest practicable time and to be responsible for any required modifications to the private sewage disposal system as identified by the certified inspection. A copy of the binding acknowledgment is attached to this form. ❑ There is a building served by private sewage disposal system on this property. The buyer has executed a binding acknowledgment with the county board of health to install a new private sewage disposal system on this property within an agreed upon time period. A copy of the binding acknowledgment is provided with this form. © There is a building served by private sewage disposal system on this property. The building to which the sewage disposal system is connected will be demolished without being occupied. The buyer has executed a binding acknowledgment with the county board of health to demolish the building within an agreed upon time period. A copy of the binding acknowledgment is provided with this form. [Exemption #9] O This property is exempt from the private sewage disposal inspection requirements pursuant to the following exemption [Note: for exemption #9 use prior check box]: ❑ The private sewage disposal system has been installed within the past two years pursuant to permit number Information required by statements checked above should be provided here or on separate sheets attached hereto: SignaturW I HEREBY DECLARE THAT I HAVE REVIEWED THE INSTRUCTIONS FOR THIS FORM AND AT T OMATION STATED ABOVE IS TRUE AND CORRECT. (Transferor • gent) FILE WITH RECORDER Telephone No.: (319 ) 291-4366 DNR form 542-0960 (July 18, 2012) Exhibit "A" — Legal Description: All that part of the East-West alley in Block No. 17, "Downing place", City of Waterloo, Black Hawk County, Iowa, described as follows: bounded on the North by the South lines of Lot Nos. 1, 2 and 3 in said Block No. 17; bounded on the East by the East line of said Block No. 17 bounded on the South by the North line of Lot No. 20 in said Block No. 17; bounded on the West by the North extension of the West line of Lot No. 20 in said Block No. 17. Containing 2,020 sq. ft. more or less. Subject to the retention of an easement for public utilities over the North 10 feet of the above described area.