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Home My WebLink AboutGreen Development Waterloo LLC-5/17/2010BILL OF SALE FOR CONSIDERATION OF One and no/100 Dollar (51.00) and other valuable consideration, City of Waterloo, Iowa, "Seller", does hereby sell, transfer and assign to Green Development Waterloo LLC, "Buyer", the following described structure: A 4 bedroom, 1% bath, Historic 2 story house situated at 1252 Logan Avenue, Waterloo, Iowa, and legally described as: All Lot 1, Block 8, except highway, in Gates Park Place, City of Waterloo, Black Hawk County, Iowa. A copy of the Iowa Department of Transportation Bill of Sale for Parcel No. 144, Project No. NHSX-63-6(70)-3H-07 is attached hereto and made a part hereof by this reference. Owner is selling the structure only, not the real estate upon which it sits. This sale does not include the foundation or any portion of the house which rests below the surface of the ground. Seller hereby covenants with Buyer that Seller is the owner of said structure; that Seller has good and lawful authority to sell, transfer and assign the same, and that the same is free and clear of all liens and encumbrances except as may be further stated in this Bill of Sale; Seller covenants to warrant and defend said structure against the lawful claims of all persons except as may be stated in this Bill of Sale. SELLER HEREBY SELLS, TRANSFERS AND ASSIGNS SAID STRUCTURE IN "AS IS" CONDITION. ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE IN REGARD TO SAID STRUCTURE ARE HEREBY EXCLUDED. THERE ARE NO WARRANTIES OF FITNESS WHICH EXTEND BEYOND THE DESCRIPTION ON '1'HE FACE HEREOF, OR BY MANUFACTURER WARRANTY WHICH MAY EXIST. Words and phrases herein, including acknowledgment thereof, shall be construed as in the singular or plural number, and as the appropriate gender, according to the content. CITY OF WATERLOO, IOWA, By: 1. Ernest G. Clark, Mayor ATTEST: Suzy Sc cies, City Clerk STATE OF IOWA SS. BLACK HAWK COUNTY ) On this day of „LAL, , 2010, before me, the undersigned, a Notary Public in and for the State of 'swa, personally appeared Ernest G. Clark and Suzy Schares, 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 pontained in the Resolution adopted by the ity Council, u (a s er Council Action No. 11 of the City Council on the day of l 1L . ' , 2010, and that Ernest G. Clark and Suzy Schares acknowledged the execution of t�je instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. STATE OF IOWA ) BLACK HAWK COUNTY ) ss. GREEN DEVELOPMENT WATERLOO LLC By: Charles Jones On this day of , 2010, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared and , to me personally known, and who, being by me duly sworn, did say that they are the and , respectively, of said corporation executing the within and foregoing instrument, that (no seal has been procured by the said) (the seal affixed thereto is the seal of said) corporation; that said instrument was signed (and sealed) on behalf of said corporation by authority of its Board of Directors; and that the said and as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. Notary Public in and for the State of Iowa Form No. 636-032 Revised 1/15103 `� Iowa Department of Transportation OFFICE OF RIGHT OF WAY AGREEMENT AND BILL OF SALE IMPROVEMENTS, STRUCTURES AND MISCELLANEOUS ITEMS WAIVER OF SUIT SALE WITH NO WARRANTIES Parcel No. 144 Project No. NHSX-63-6(70)-3H-07 THIS AGREEMENT, by and between the IOWA DEPARTMENT of TRANSPORTATION, Ames, Iowa, Seller and City of Waterloo. 716 Mulberry St., Waterloo, IA. Buyer. The Seller hereby sells, transfers and conveys to the Buyer the 4 bedroom. 1 Y6 bath, Historic 2 story house situated at 1252 Logan Ave.. Waterloo. IA formerly owned by Steven Kessell for the total sum of $1.00 in full payment for the above described improvement. The total sum includes sales tax when required. Sales tax will be collected on the sale of all personal property. The State has identified this improvement as a historical house and it will have special requirements for the sale, to be moved off the property to another location. The house must be moved intact and no salvaging of the building is allowed. The house is eligible for the National Register. under Criterion C, designed by important local architects. Included in this Bill of Sale are photographs of the house and the setting in addition to a location map and Ilst of reputable moving companies in the area. Information regarding the houses' historical significance can be obtained by request. Information on tax benefits, historical grants or potential federalfunds available for rehabilitation of historic properties may be found on the National Park Service web site at http/www.nps.gov/historyitax.htm and at http://www.nps.eov/history/hps/hpg/ The relocation of the historic house shall be in accordance with the recommended approaches in the Secretary of the Interior's Standards for Rehabilitation and illustrated Guidelines for Rehabilitating Historic Properties (U.S. Department of the Interior, National Park Service, 1992), and preserve it in accordance with the Secretary of the Interior's Standards for Preservation (35 CFR 68). For information, please refer to http://www nps.gov/historv/hps/tps/tax/rhb/index.htm. The successful purchaser agrees to provide The Iowa State Historic Preservation Officer (SHPO) with a map and photographs of the location where the house will be relocated. The .Buyer agrees to remove said improvement from the premises on or before June 14.2010. A Performance Bond is required in the amount of $5,000.00. This Bond shall be a Check or Money Order, PAYABLE TO, IOWA DEPARTMENT OF TRANSPORTATION; mail or deliver to the Iowa Department of Transportation, Office of ROW, Property Management Section, Ames, Iowa 50010, within five clays from the date of this sale. It is understood and agreed that the removal of said improvement(s) and reestablishment of the house on the replacement site is the essence of this agreement and that improvement(s) remaining on the premises after the above date, may, unless the removal date has been extended by written consent of the Seller, be removed, destroyed, or disposed of in any mariner deemed feasible by the Seller, without further notice or obligation to the Buyer and the Buyer shall forfeit any Performance Bond posted in connection with the removal of said improvement. If this Bill of Sale is for a structure, it also understood and agreed that all improvements shall be removed, by the Buyer, to foundation or ground level. Buyer shall remove all debris resulting from moving operations and shall leave the building site reasonably clean. The Buyer is to cap the sewer and disconnect at existing utilities. The Department of Transportation will not return the Performance Bond until the successful bidder has fulfilled all requirements/terms of the purchase Including the reestablishment of the house on the replacement site. The Buyer waives any and all claims against the State, this Department and their agents, officers, or employees for damages for personal Injury or for property damage that may arise from Buyers entry upon and removal of property and activities on the property, and from any subsequent use of the items listed, whether said Injury or damage results from obvious or hidden defects. Buyer agrees to defend and indemnify the State, this Department and their agents, officers, or employees, from any claims brought against them by Buyer's principals, agents and employees or by a third party which arise out of Buyer's entry upon and removal of property and activities on the property and subsequent use of the items listed in this Agreement and Bill of Sale. It is further understood that the items listed in this Agreement and Bill of Sale are received in an "AS IT condition with no warranties, express or implied, and no warranty of title. County Black Hawk Signe f d x B yer: City of Waterloo 715 Mulberry Street Address Waterloo, IA 50703 City, State, Zip ,Vribufo Dattee� Phone IOWA DEPARTMENT OF TRANSPORTATION, Seller By Brent Christian, Property Manager Date FOR IOWA DEPARTMENT OF TRANSPORTATION USE ONLY Required Excess_ Sealed Bid Auction Negotiated Sale Date Date Performance Bond Received N/A Cost Center (Circle one) 811000 601000 Voucher No Received by Iowa Department of Transportation Office of Accounting day of , 2010 Receipt Nos. Amount $ 661000 By System Number County Number Control Section Number Paren Number Parcel Number Object Number Function Number Rural -1 Urban -2 Part 1 Non -Part -2 Suspense -3 Amount $ TOTAL $ COST CENTER - 631000 COST CENTER NAME - PRIMARY ROAD FUND GENERAL SALES TAX USE ONLY OBJECT CODE FUNCTION CODE AMOUNT aes DISTRIBUTION: Property Management Section Buyer Accounting Office, Temporary Record TOTAL Nancy Halvorson Date Property Management Supervisor Printable Map Output 9 V e �' Itiff_,Fj Page 1 of 1 Black Hawk Coun Parcel Ma • Parcel ID: 8913-13-305-001 Deed Holder: STATE OF IOWA Le al: GATES PARK PLACE ALL LOT 1 BLK 8 EXC HWY i� I—__. I•• '� - -' "T•' .ter 91 Ys , Lege Seiecletl s parmlLim, Features§' rmmvma_ pH hosAerial s 1 Black Hawk Ca lesPeng Railroads.- /. Townships / Section..' Wale riParcels 0 Township /'/ ca'' wren-, raihaaa mm mann_ roaemo vabrnao._ I ':3:.� K ,,..}. ..- s'- - I • ,� "t 3 _ r 1 I i 4... "3'. +75t . r -4 , . k - . i fly : -_, -.- 0 _... - - e . . 1 e I f / 1 I • i •• Mop crmit witihAtrM y - Copyright 4C)14=001 0 552Iia r < Black Hawk County, Iowa 16 East 5th Street aterloo, Iowa 50703-4774 Phone: (319) 833-3002 Fax: (319) 833-3070 E-mail: auditor@co.black-hawk.ia.us.or Map Disclaimer. This map does not represent a survey. No liability is assumed for the accuracy of the data delineated herein, either expressed or implied by Black Hawk County, e Black Hawk County Assessor or their employees. This map is compiled from official records, including plats, surveys, recorded deeds, and contracts, and only contains information required for local govemment purposes. See the recorded documents for more detailed legal information. http://www2.co.black-hawk.ia.us/servlet/com.esri.esrimap.Esrimap?ServiceName=bhov&... 5/27/2011