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HomeMy WebLinkAbout2012-014-1/3/2012Prepared by Carol Failor, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA, 50703. RESOLUTION NO. 2012-14 RESOLUTION AUTHORIZING THE 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, PLUS COSTS, AND ENTER INTO A DEVELOPMENT AGREEMENT, AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AND DELIVER DEED FOR SAME. WHEREAS, the City of Waterloo, Iowa, is the owner of real property in the City of Waterloo, Iowa, as described below, and WHEREAS, an offer to purchase said certain parcels of real property has been made by Arlin Zevenbergen in the sum of $16,263.83 and by MKW Apartments LLC for $1.00, plus costs, and WHEREAS, a public hearing was held on December 19, 2011, at 5:30 p.m. in the Council Chambers in City Hall, Waterloo, Iowa, as provided by law, by the Council of the City of Waterloo, Iowa, on the proposal to sell and convey premises owned by the City of Waterloo, Iowa, to Arlin Zevenbergen and MKW Apartments LLC, and WHEREAS, it is the opinion of this Council that sale and conveyance should be made as proposed. NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE 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 December 15, 2011, 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 Arlin Zevenbergen to purchase real property for the sum of $16,263.83 and MKW Apartments LLC for $1.00, and costs, be and it is hereby accepted for real property described below: 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°06153"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. Resolution No. 2012-14 Page 2 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: 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. 3. That the City of Waterloo, Iowa, convey said parcels of real property to Arlin Zevenbergen and MKW Apartments LLC by deed. 4. That the Mayor and City Clerk are hereby authorized to execute and deliver deed to Arlin Zevenbergen and MKW Apartments LLC. 5. That the original of said deed fully executed and acknowledged is hereby approved and confirmed by the Council. 6. That the City Clerk is authorized and directed to deliver said deed of conveyance to Arlin Zevenbergen upon receipt in the sum of $16,263.83 and MKW Apartments LLC in the sum of $1.00, and costs. Resolution No. 2012-14 Page 3 PASSED AND ADOPTED this 3rd day of January, 2012. Ernest G. Clark, Mayor ATTEST: Suzy Sc t ares, CI C City Clerk