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HomeMy WebLinkAbout02/17/2014CITY OF WATERLOO Council Communication City Council Meeting: February 17, 2014 Prepared: February 11, 2014 Dept. Head Signature: Steve Wareham # of Attachments: 3 SUBJECT: Certification of Airport Property Interest as required by Grant Agreement with FAA. Submitted by: Sheila Combs, Airport Bookkeeper Recommended City Council Action: Approval of Certificate of Title required to complete Master Plan Project for Waterloo Regional Airport. Summary Statement Expenditure Required: N/A Source of Funds: N/A Policy Issue Alternative Background Information: This Certificate of Title is based upon a current title opinion prepared by attorney, Christopher Wendland, dated April 3, 2013. Title opinion has been reviewed and approved by FAA. CERTIFICATE OF TITLE FAA Central Region To: Manager, Safety and Standards Branch Subject: Waterloo Regional Airport AIP Project No. 3-19-0094-33 This certification is made to satisfy (check both if applicable): IJ Part II Section C.10 of the Grant Application (FAA Form 5100-100) for existing airport property ID Grant conditions relative to satisfactory title evidence for land being acquired under this project The City of Waterloo (hereinafter referred to as the "Sponsor"), pursuant to Section 47105(d) of the Federal Aviation Administration Authorization Act of 1994 (and amendments), hereby certifies that satisfactory property interest to the land indicated herein is vested in the Sponsor, as required by obligations of the referenced Grant Agreement with the Federal Aviation Administration. The Sponsor hereby certifies that it holds the quality of title described below, as of the date of the attorney's title opinion on which this certification is based. Parcel Number (Per Exhibit A) Quality of Interest (Fee, Easement*, etc.,) Tracts 1 through 33 Easements A through L Parcels must be listed. Avoid simply referencing the Exhibit A Property Map. Attach additional sheets as necessary. *The Sponsor certifies that grantors of easements constitute all of the owners of the land affected by such easements, and they had such quality of title in and to such land as to enable them to convey the interest purported to be conveyed in and by the easements granted. No other interests or rights exist which are incompatible with or would interfere with the exercise and enjoyment by the Sponsor of the rights and interests conveyed. Sponsor hereby certifies that the Sponsor or the Sponsor's attorney have reviewed, evaluated and subordinated to airport use where necessary, all encumbrances and that no outstanding encumbrances exist which might affect the maintenance, operation, or development of the airport. Sponsor further certifies that if defects in the title require correction after acceptance of this Certificate of Title by the FAA, the Sponsor accepts full responsibility for clearing such defects, encumbrances, or exceptions at its own expense. This Certificate of Title is based upon a current title opinion dated April 3, 2013 by the sponsor's attorney Christopher S. Wendland (name of attorney). Sponsor certifies that the title opinion referenced above corresponds with the "Exhibit A" airport property map dated December 11, 2013 , AIP project number 3-19-0094-33 . Although specific title evidence documents are not submitted herewith, copies of deeds and other appropriate evidence of title for the land are on file with the Sponsor and are available for inspection by the FAA. It is understood that the FAA reserves the right to require additional information at any time. City f Waterloo, Waterloo Regional Airport Na Sponsor -/‘ ignat re an Title of Sponsor Official/Authorized Sigr(Grant Agreement -) .7 7� / Da e Wallace -W. Butler; Retired Craig O. Clark, 19232604 • Fred G, Clark, Jr. 1922-1984. Emlly:C. Bartekoske •C I a r Ie utl e r Joshua L Christensen -Timothy W Hamann _...,. .._.... -... Jared R. Knapp .,• m.a nn - . Christy R. Liss James E, Walsh, Jr.**- e.m.» ChristopherS, Wendland Attorneys at Law 5 E 5t11 Street • PO. Box 596 K. Waterloo, Iowa 50704. •.(319) 234-5701 FAX (319) 232-9579 • www,clwh1awcom April 3, 2013 Bradley Hagen.. Waterloo Regional Airport 2790 Livingston Lane Waterloo, IA 50703 RE: Opinion of Title Dear Mr. Hagen: * Also admitted In Minnesota ** Alio admitted In Illinois, • Minnesota and Wisconsin This opinion of title is to real property owned by the City of Waterloo, Iowa, or by the Waterloo Airport Commission, which in totality comprises the Waterloo Regional Airport. This is to certify that I have examined the documents of title to the following -described property, to - wit: See Exhibit "A" attached hereto. As of March 7,.2013; I find feesimple title to the above described real property to be in either the City of Waterloo, Iowa or the Waterloo Airport Commission, as indicated on Exhibit "A" attached hereto, subject to the following: 1. The real property is subject to various easements and rights-of-way as described in Exhibit "B" attached hereto. None of the interests described will in any way interfere with the use of the properties described on Exhibit "A" for airport purposes and will not affect the operation, maintenance or development of the airport. 2. The leases and agreements currently in effect at said airport do not adversely affect the sponsor's possession and control of the airport or interfere with its ability to carry out the obligations and covenantsset forth in the project application. In' addition to the above-described property interests, the City of Waterloo, Iowa also hold avigation easements (recorded at various times from June 9, 1953 through November 26, 1985) over the'following-described property, to -wit: See Exhibit "C" attached. hereto..,: I find that the grantors of the above-described avigation easements constituted all of the -. owners of the land affected by the easements and that such grantors had such quality of title in and to such land as to enable them to convey the interest purported to be conveyed in and by the Bradley Hagen April -3; 2013 Page 2 easements granted, and that there are no other interests or rights which are incompatible with or. would interfere with the exercise and enjoyment by the City of the rights and interests conveyed. Based on title examination, the laws of the State of Iowa and title standards, I find no legal deficiencies in the title to said land except as noted herein. Sincerely, CLARK, BUTLER, WALSH & HAMANN:, By:. enc: Christopher S. Wendland EXHIBIT "A" Ownership All real estate is located in Townships 89 and 90 North, Range 13 West of the 5th P.M., Black Hawk County, Iowa, and more particularly indicated therein as follows, excluding road right of way and platted streets in all appropriate instances. Tract numbers referenced below are the tract designations shown on the airport property map dated November 2012. Tracts are grouped together below according to the section of land in which they are located. Tracts 8-20 are in Township 89, and all other tracts are in Township 90. Title held by City of Waterloo, Iowa: 1. Tracts 1-5, 30-33: Section 32, except W / of NW 1/4, in City of Waterloo. 2. Tracts 6-7: SW / and SW 1/4 of SE 1/4, in Section 33, in City of Waterloo. 3. Tracts 8-9 12-13 15-17: Section 5, including parts thereof platted as part of Lots 1-4 and part of Tract I, MidPort America Park Plat No. 1, and platted as Lots 13-14 and Tract L, MidPort America Park Plat No. 2, in City of Waterloo, except those parts of Section 5 consisting of railroad right of way and parcels lying generally Southerly of said railroad right of way. 4. Tracts 10-11, 14, 18-19: NW 1/4, and E Y of SE' /4, and SW '/ of NE Y, and W 37.38 acres of N frl % of NE 1/4, all in Section 4, except those parts thereof deeded to State of Iowa in 505 Deeds 94, 515 Deeds 402, and 112 LD 607, and except those parts thereof platted as MidPort America Park Plat No. 1 and MidPort America Park Plat No. 2, and except those parts thereof consisting of railroad right of way and parcels lying generally Southerly of said railroad right of way. AND Part of Lots 1, 3-4, and part of the S W Iy 140.31 feet of Lot 2, and part of Tracts D and I, in that part of MidPort America Park Plat No. 1 lying within the SW 1/4 of Section 4, in City of Waterloo. AND Lots 6-9, Tracts A and C, and Tract B except that part thereof lying North of a line which begins at a point on the East line of said Tract B which is 420 feet South of the Northeast corner of said Tract B, thence North 90 degrees West 790 feet to the West line of said Tract B and point of termination, all in MidPort America Park Plat No. 1, in City of Waterloo. AND Lot 11, MidPort America Park Plat No. 2, in City of Waterloo. AND Lots 15-17, that part of Lots 18 and 19 lying in the SW '/ of SE'/ of Section 4, and Lot 21, all in MidPort America Park Plat No. 3, in City of Waterloo. 5. Tracts 21, 23: NE 1/4 of SW %4, in Section 30, except that part deeded to State of Iowa in 562 LD 456, in Black Hawk County, and SE %4 of SE 1/4, in Section 30, in City of Cedar Falls. 6. Tracts 24-26: NE 14, in Section 31, in City of Cedar Falls, except that part deeded to State of Iowa in 562 LD 456. Title held by Waterloo Airport Commission: 7. Tract 20: SE 14 of NE 1/4, and E % of SE 'A including portions thereof platted in MidPort America Park Plat No. 3, in City of Waterloo, as Lot 20 and those parts of Lots 18, 19 and 22 lying in E % of SE' /4, in City of Waterloo. 8. Tract 22: NW 1/4 of SE' /4, in Section 30, in Black Hawk County, and SW 1/4 of SE 1/4 in Section 30, in City of Cedar Falls, except that part deeded to City of Cedar Falls in 562 LD 461. 9. Tracts 27, 29: W / of NW 1/4, Section 32, in City of Waterloo. 10. Tract 28: SE' /4 of SE' /4 and E'/ of SW 1/4 of SE 1/4, in Section 29, in Black Hawk County. 2 EXHIBIT "B" Easements and Rights -of -Way Tract numbers referenced below are the tract designations shown on the airport property map dated November 2012. 1. Right of way and easement to American Telephone and Telegraph Company of Iowa for construction, operation, etc. of a communication system, equipment and facilities. Runs along westerly 5 feet of Tracts 8, 12 and 15, easterly of road right of way. Filed in 39 Misc. 124 on January 14, 1944. 2. Easement to Cedar Falls Municipal Utilities for electric line and related fixtures. Covers South 10 feet of North 36 feet of East 35 feet of West 68 feet of Tract 8. Filed in 12 Ease 617 on November 22, 1993. 3. Utility easements as shown on plats for MidPort America Park Plat No. 1, Plat No. 2, and Plat No. 3. These plats affect Tracts 14, 16, 17, 18 and 19. Filed respectively in Y Plat 79 on September 4, 1997, as Doc. No. 2005-25752 on May 6, 2005, and Doc. No. 2011- 15877 on February 8, 2011. 4. Right of way to Iowa Public Service Company for construction, operation, etc. of electric line and related fixtures. Covers an area 14 feet wide adjacent to railroad right of way, on the northerly side thereof, lying in Tracts 14, 15, 16, 17 and 19. Filed in 5 Ease 436 on January 27, 1977. 5. Easement dedication by City of Waterloo for utility purposes over an area that generally constitutes a portion of future MidPort Blvd., lying easterly of MidPort America Park Plat No. 1 and later designated as Tract "J" in MidPort America Park Plat No. 2. Covers Tracts 14 and 20. Filed in 338 Misc 645 on June 5, 2000. 6. Easement to Cedar Falls Utilities for fiber optic transmission lines, lying within right of way for Airport Blvd. and Wagner Road. Covers Tracts 18 and 20. Filed in 315 Misc 358 on April 11, 1995. 7. Easement to ConAgra Foods Packaged Foods, LLC for use, maintenance, etc. of rail track over the southerly portion of Tract A, MidPort America Park Plat No. 1. Covers Tract 18. Filed March 6, 2009 as Doc. No. 2009-16540. 8. Easement to HLA 1031, LLC for construction, use, maintenance, etc. of area for vehicular parking and travel, located upon a part of Lot 22, MidPort America Park Plat No. 3. Covers Tract 20. Filed June 3, 2011 as Doc. No. 2011-22971. 9. Right-of-way permits to Northwestem Bell Telephone Company for construction, operation, maintenance, etc. of telephone lines and related fixtures, along certain described property lines. Covers Tracts 21 and 22. Filed December 17, 1943 in 38 Misc 386 and 38 Misc 388. 10. Right of way to Iowa Public Service Company for electric lines and fixtures. Covers the west 100 feet of the north 2300 feet of Section 32, lying in Tracts 27 and 29. Filed April 25, 1972 in 4 Ease 278. 11. Right to Iowa Telephone Company for telephone and telegraph lines and fixtures over and upon an unspecified portion of Tract 32, including along roads or streets then existing. Filed November 6, 1917 in 3 Misc 115. 12. Temporary easement to City of Cedar Falls for reconstruction and repair of Leversee Road and Lone Tree Road. Covers land in Tract 32. Filed January 18, 2013 as Doc. No. 2013-15068. 2 EXHIBIT "C" Avigation Easements All real estate is located in Townships 89 and 90 North, Range 13 West of the 5th P.M., Black Hawk County, Iowa, and more particularly indicated therein as follows, excluding road right of way and platted streets in all appropriate instances. Tract letters referenced below are the tract designations shown on the airport property map dated November 2012. Tracts A -C are in Township 90, and all other tracts are in Township 89. Tract A: All that part of S '/2 of SW 1/4 of Section 30 lying East of railroad right of way, in City of Cedar Falls Tract B: A part of the NE 1/4 of SE 1/4 of Section, in Black Hawk County, described as follows: Beginning at the SE corner thereof; thence West to SW corner thereof; thence North to NW corner thereof; thence SEIy on a diagonal to the place of beginning. Tract C: SW 1/4 of SW 14, Section 29, in Black Hawk County. Tract D: All that part of the West 37.38 acres of the North frl '/z of the NE frl / of Section 4, in City of Waterloo, described as follows: Commencing at the NW corner of the NE frl'/ of said Section 4; thence South along the West line of said NE frl %4 a distance of 33 feet to the point of beginning; thence South along the West line of said NE frl i/4 a distance of 555 feet; thence SEIy along a straight line to a point on a line which is 833 feet South of (as measured parallel with the West line of said NE frl 14) and parallel with the North line of said NE frl / which point is 319 feet East of (as measured parallel with the North line of said NE frl 1/4) the West line of said NE frl 14; thence East parallel with the North line of said NE frl 1/4 to the East line of the West 37.38 acres of the North frl % of said NE frl 1/4; thence North along the East line of said West 37.38 acres to a point which is 33 feet South of the North line of said NE frl 1/4; thence West along a straight line to the point of beginning. Tract E: The West 875 feet of that part of the SE of SW 1/4 of Section 4, in City of Waterloo, lying south of railroad, and except the South 60 feet. Tract F: That part of the SW 1/4 of SW '/ of Section 4, in City of Waterloo, described as follows: Commencing at the SE corner of the SW %4 of the SW 1/4 of Section 4; thence West along the South line of said SW 1/4 a distance of 228.3 feet; thence North a distance of 60 feet to a point on the North right-of-way line of Highway 57 that is the point of beginning; thence continuing North along said line a distance of 338.2 feet to a point on the Sly right-of-way line of the Illinois Central Railroad that is a distance of 229.6 feet Wly along said Sly right-of-way line from a point on the East line of the SW % of SW 1/4; thence running Wly along said Sly right-of-way line a distance of 586.79 feet to a point that is 150 feet measured at right angles, from the center line of the airport access road; thence running South on a line parallel with and 150 feet from said center line of access road a distance of 386.64 feet to a point on the North right-of-way line of Highway 57, said point being a distance of 60 feet North of the South line of the SW '/4; thence running East along said right-of-way line a distance of 577.4 feet to the point of beginning. Tract G: A part of the SW %4 of the SW %4 of Section 4, in City of Waterloo, described as follows: Beginning at a point 60 feet North and 805.7 feet West of the SE corner of the SW ''A of the SW '/4 of said Section 4; thence Wly parallel with the South line of said Section 4 a distance of 100 feet to a point 50 feet east of the centerline of the airport access road known as Airport Blvd; thence Nly parallel to and 50 feet from the centerline of Airport Blvd to the Sly line of the ICRR right of way; thence SEIy along the Sly line of the ICRR right of way to a point 150 feet Ely of the centerline of Airport Blvd. said point also being 816.39 feet Wly of the East line of the SW Y of the SW 'A measured along the Sly line of the ICRR right of way line; thence Sly to the point of beginning. Tract H: The East 100 feet of that part of the SW '/4 of Section 4, in City of Waterloo, described as follows: Commencing at a point on the North line of the right-of-way of the Illinois Central Railroad 60 feet east of the center line of the access road to the Waterloo Municipal Airport (said point being reached by proceeding North along the West line of said Section 4 from the SW corner of said Section, a distance of 559 feet to the North line of the Illinois Central Railroad right-of-way; thence East along the North line of said right-of-way at an angle of 90°41' a distance of 302.90 feet to the center line of said access road; thence East 60 feet along the North line of said right-of-way); thence North from said point of beginning parallel with the center line of said access road and 60 feet East therefrom a distance of 400 feet; thence East parallel with the South line of said Section 4 a distance of 500 feet; thence South parallel with the center line of said access road to the North line of the right-of-way of the Illinois Central Railroad; thence West along the North line of said right-of-way to the point of beginning. Tract I: That part of the SW '/4 of the SW %4 of Section 4, in City of Waterloo, described as follows: Beginning at a point on the West line of the SW %4 of Section 4 that is 60 feet North of the SW corner of said Section; thence North 00°40' East along the West line of the SW %4 of said Section a distance of 399.17 feet to a point on the South right of way line of the Illinois Central Railroad; thence South 88°43' East along said South right of way line a distance of 216.25 feet to a point that is 150 feet West of the centerline of existing access road to the Waterloo Municipal Airport; thence South 00°26' East parallel with and 150 feet from said centerline of access road a distance 394.1 feet to a point on the North right of way line of U.S. Highway No. 20; thence running due West along said right of way line that is 60 feet from and parallel with the South line of the SW %4 of Section 4 a distance of 224.33 feet to the point of beginning. Tract J: That part of the SE 'A of the SE %4 of Section 5, in City of Waterloo, described as follows: Beginning at a point on the East line of the SE '/4 of Section 5 that is 60 feet North of the SE corner of said Section; thence South 89°26' West along the North right of way line of Highway No. 20 a distance of 75.67 feet; thence North 00°34' West a distance of 401.97 feet to the South right of way line of the Illinois Central R.R.; thence South 88° East along said South right of way a distance of 84.34 feet to a point on the East line of the SE' /4 of Section 5; thence S. 00°40' West along the East line of the SE' /4 of said Section a distance of 399.17 feet to the place of the beginning. 2 Tract K: That part of the SE 1/4 of Section 5, in City of Waterloo, described as follows: Commencing at the SE Corner of Section 5; thence running West along the South line of the SE 'A of said Section 5 a distance of 74.38 feet; thence running at an angle of 90° to the right from the last described line Nly a distance of 126 feet to the point of beginning. Thence running West from said point of beginning on a line parallel with and 126 feet North of the South line of the SE' 'A of Section 5 a distance of 1790.78 feet; thence running at an angle of 90° to the right in a Nly direction a distance of 393.76 feet to the South Right of Way line of the Illinois Central Railroad; thence running at an angle of 91°51' to the right in a SEIy direction along the South Right of Way line of said Railroad a distance of 1791.74 feet to a point that is 84.34 feet NWIy from the East line of Section 5. Thence running at an angle of 88°09' to the right in a Sly direction a distance of 335.97 feet to the point of beginning. Tract L: That part of the SW 'A of the SE IA of Section 5, in City of Waterloo, described as follows: Beginning at a point on the North Right of Way Line of US Highway 20 that is 1865.16 feet West of the SE Corner of Section 5 and 126 feet North of the South Line of the SE 'A of said Section; thence West on a Line 126 feet from and parallel with the South Line of the SE 'A of said Section a distance of 794.73 feet to a point on the West Line of the SE ''A of Section 5; thence at an angle to the right of 91°06' Nly along the West Line of the SE' 'A of said Section a distance of 419.43 feet to a point on the South Right of Way Line of the Illinois Central Railroad; thence at an angle to the right of 90°46' SEIy along the South Right of Way Line of the Illinois Central Railroad a distance of 785.12 feet; thence at an angle to the right of 88°08' South a distance of 393.76 feet to the point of beginning. 3 MrpWs_ _ � wm•yVnxn.r a•N�rrrin...m•1nf,10nnn Fe df mfr 44 , W 1.Y:uaux,ed>.ff 1a 144. 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