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HomeMy WebLinkAboutIowa Department of Transportation-9/26/2016 (2)Return to and Prepared by Katie Johnson, Right of Way Office, Iowa Department of Transportation, 800 Lincoln Way, Ames, IA 50010, 515-239-1216 Form 634028 (01-14) Office of Right of Way www.iowadot.gov 800 Lincoln Way, Ames, Iowa 50010 Phone: 515-239-1135 FAX: 515-239-1247 PURCHASE AGREEMENT Parcel Number: 73 County: Black Hawk Project Number: NHSX-63-6(70)-3H-07 Route Number: US63 Seller: City of Waterloo THIS AGREEMENT entered into this 31.f day of G ,i�� , by and between, Seller and the Iowa Department of Transportation, acting for the State of Iowa, Buyer. 1. The Seller agrees to sell and furnish to the Buyer a conveyance document, on form(s) fumished by the Buyer, and the Buyer agrees to buy the following real estate, hereinafter referred to as the premises, in parts of the following: part of Lot 1 in Auditor Plat No. 1 in Section 24, Township 89 North, Range 13 West in the City of Waterloo, County of Black Hawk, State of Iowa, and more particularly described on page 5, including the following buildings, improvements and other property: All land, trees, shrubs, landscaping and surfacing attached to the premises sought and described herein 2. The Buyer agrees to pay, and the Seller agrees to grant, the right of possession,convey title and surrender physical possession of the premises as shown on or before the dates listed below: Payment Amount Agreed Performance On conveyance of title On surrender of possession $0.00 On possession and conveyance $0.00 Total Lump -Sum Amount Breakdown • Ac/Sq. Ft. Date of Performance Immediate Land by fee title Underlying fee title Permanent easement to construct and maintain a subdrain 0 0 sq. ft. Fence Fence .07 acres DISTRIBUTION: TWO COPIES RETURNED TO BUYER (IOWA DOT) ONE COPY RETAINED BY SELLER. 73, NHSX-63-6(70)-3H-07 0 rods woven 0 rods barbed , Page 1 of 5 3. Possession of the premises is the essence of this agreement and the Buyer may enter and assume full use and enjoyment of the premises per the terms of this agreement. The Seller grants the Buyer the immediate right to enter the premises for the purpose of gathering survey and soil data. The Seller may surrender possession of the premises, building, improvement, or any part thereof, prior to the time that he/she has agreed to do so, and agrees to give the Buyer 10 days notice of the Seller's intention to surrender possession by calling the Buyer at 1-866-282-5809. 4. The Seller warrants that there are no tenants on the premises holding under lease, except: None. 5. This agreement shall apply to and bind the legal successors in interest of the Seller, and the Seller agrees to pay all liens and assessments against the premises, including all taxes and special assessments payable until surrender of possession, as required by the Iowa Code section 427.2 and agrees to warrant good and sufficient title. 6. The Buyer may include mortgagees, lien holders, encumbrances, and taxing authorities as payees on warrants issued in payment of this agreement. In addition to the total lump -sum payment amount, the Buyer agrees to pay $0.00 for the cost of adding title documents required by this transaction to the Seller's abstract of title. If requested to do so, the Seller will deliver to the Iowa Department of Transportation, Office of Right of Way, 800 Lincoln Way, Ames, IA 50010, an abstract of title to the premises. The Buyer agrees to pay the cost of abstract continuation. The Seller agrees to provide the documents as may be required by Iowa Land Title Standards to convey merchantable title to the Buyer. The Seller also agrees to obtain court approval of this agreement, if requested by the Buyer, in the event title to the premises becomes an asset of any estate, trust, conservatorship or guardianship. The Buyer agrees to pay court approval costs and all other costs necessary to transfer the premises to the Buyer, except attorney fees. Claims for such transfer costs shall be paid in amounts supported by paid receipts or signed invoices. 7. The Buyer agrees that any agricultural drain tiles that are located within the premises that are damaged or require relocation by highway construction shall be repaired or relocated at no expense to the Seller. Where the Buyer specifically agrees to construct and maintain fence, the fence shall be constructed and maintained for vehicle access control purposes at no expense to the Seller. The Buyer has the right of entry upon the Seller's remaining property along the right-of-way line, if necessary, for the purpose of connecting the drain tile, and constructing and maintaining the fence. The Seller may pasture against the fence at his/her own risk. The Buyer will not be liable for fencing private property or maintaining it to restrain livestock. 8. If the Seller holds title to the premises in joint tenancy with full rights of survivorship and not as tenants in common at the time of this agreement, the Buyer will pay any remaining proceeds to the survivor of that joint tenancy, and will accept title solely from that survivor, provided the joint tenancy has not been destroyed by operation of law or acts of the Seller. 9. These premises are being acquired for public purposes. This transfer is exempt from the requirements for the filing of a "Declaration of Value° in accordance with Iowa Code section 428A.1. 10. The premises also includes all estates, rights, title, and interests, including all easements, and all advertising devices and the right to erect such devices as are located thereon. The Seller consents to any change of grade of the highway and accepts payment under this agreement for any and all damages arising from those changes. The Seller acknowledges full settlement and payment from the Buyer for all claims per the terms of this agreement, and discharges the Buyer from liability because of this agreement and the construction of the public improvement project. 11. The Seller states and warrants that, to the best of the Seller's knowledge, there is no burial site, well, solid waste disposal site, private sewage disposal systems, hazardous substance or underground storage tank on the premises, except: None. 12. This written agreement constitutes the entire agreement between Buyer and Seller and there is no agreement to do or not to do any act or deed except as specifically provided for herein. 13. Buyer hereby gives notice of Seller's five-year right to renegotiate construction or maintenance damages not apparent at the time of the signing of this agreement as required by the Code of Iowa, Section 6B.52. 15. The Sellers grant to the Buyer temporary easements for the purpose of constructing 2 shooflys and 2 sidewalks. The Right -of -Way Design Plot Plan, attached as a page 4 of this agreement, graphically illustrates the proposed temporary easement area being granted. The temporary easement shall terminate on completion of this highway project. 73, NHSX-63-6(70)-3H-07 Page 2 of 5 Seller's signature and claimant's certification: Upon clue approval and execution by the Buyer, the undersigned sellers/claimants certify the total lump -sum payment amount shown here is just and unpaid. City of Waterloo by X Quentin Hart, Mayor 715 Mulberry St. Waterloo, IA. 50703 hares, City Clerk This section to be completed by a Notary Public. STATE OF IOWA COUNTY OF _ 2, l Cv.,\< LLu k - ss: On this Zb day of Seck-pn-b-,2' , 2016, before me, the undersigned, a notary public in and for said the State of Iowa, personally appeared Quentin Hart and Suzy Schares to me personally known, 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 r"--111Dvs, as contained in -ordinance irese, 4 -L -- number ` 6-1 6, , passed (the resolution adopted) by the city council under roll call number (--N S°1'1 of the city council on the 20' day of 'elok d,e - , and that Qsecrh,14j,r-i- and ' &a �c-4-vv_s acknowledged the execution of the instrument to be their voluntary act and deed, and the voluntary act and deed of the corporation, by it voluntarily executed. (AFFIX NOTARIAL SEAL BELOW) A*. NANCY HIGBY COMMISSION NO.788229 MYSS MM RES to •-`-tO:N 0D I (Sign in ink) N L.t.\--Let (Print/type name) Notary Public in and for the State of Iowa BUYER'S APPROVAL Recommended (Sign in (Printed Name): Approved by (Sign in (Printed Name): by ink): X(Date) e' 77;6 roject Agen`. , Scott Henning ink): X a.l, (Date) OCT 3 1 '16 Right o ay Director Martin J. San ey BUYER'S ACKNOWLEDGEMENT STATE COUNTY On this personally Buyer minutes, hereon, (NOTARIAL OF IOWA } OF STORY } ss: „:20.71 day of Ab- 2016 , before me, the undersigned, appeared ROW Director, and who did say that the instrument and said right of way director to be the voluntary act and deed Martin J. Sankey known to me to be a Right of Way Director of the was signed on behalf of the Buyer by its authority duly recorded in its acknowledged the execution of the instrument, whose signature appears of the Buyer, and by it voluntarily executed. 4.0"- e, z ''' .r. 4 . owA VALERIE E. GOETHALS COMMISSION NO. 190573 R,r1Y COMMISSION EXPIRES JUNE 5, 2018 AteelAAIL-, ------7:5,het?", SEAL) Notary Public in and for the State of Iowa 73, NHSX-63-6(70)-3H-07 Page 3 of 5 OWNER: IOWA DEPARTMENT OF TRANSPORTATION PROJECT DEVELOPMENT PLOT PLAN CITY OF WATERLOO 0106301008row \01063070.aed Model - Parcel 73 PARCEL NO.: 73 SECTION. 24 T 89 SCALE:I "= 100' N -R 13 W. W.D. OR EASEMENT LINE: ACCESS LOCATION POINT: PROPERTY LINE: LEGEND 4401 mll )-1,4 Lot 2 Lo 1 78+70 _95' 78+50 95' TEMPORARY EASEMENT TO CONSTRUCT SIDEWALK AREA = 70 SQ. FT. 78+55 Lot 13 Lot 12 V 233'±EX.RR R/W cc 77+65 q,95±EX.R /W TEMPORARY EASEMENT TO CONSTRUCT SHOOFLY AREA = 2,234 SQ. FT. • A 78+70 q.1001 78+50 x.100' 76+55 I58'±EX.R 76+30 .,175' 75+50 76+15 TEMPORARY EASEMENT TO CONSTRUCT SIDEWALK AREA = 55 SQ. FT. I06'±EX.R/W F 4r TEMPORARY EASEMENT TO CONSTRUCT SHOOFLY AREA = 8,038 SQ. FT. Lot 2 Lot 3 Lot 4 Lot Lot 3 Lot 4 Lot 5 Lot 7 Lot 6 5 73+70 X330' cc X w / U.S. 63 N cr X W COUNTY: BLACK HAWK PROJECT NO.: NHSX-63-6(70)--3H-07 FORM 634-077 6-75 COUNTY IOWA DEPARTMENT OF TRANSPORTATION ACQUISITION PLAT • IOWADOT EXHIBIT BLACK HAWK It A 11 PROJECT NO. NHSX-63-6(70)--3H-O7 STATE CONTROL NO. PARCEL NO. 73 SECTION 24 TOWNSHIP S9 N RANGE 13 W ROW -FEE AC EAS 3.171 SO. FT. ACQUIRED FROM CI*/ ® Rt`er/c® AC EXCESS -FEE AC Fd. pinched 7 pipe Fd. Pipe YPC 386 Lot 1 Fd. YPC Pipe --1 #386 -*\ Fd. #5 Rebar Fd. 3/4" pipe EXISTING ROW LINE ACOUISITION AREA 3.171 SQUARE FEET A -B N 01°09'06"W 208.86' B -C 5 49°18'04"E 128.63' C -D S 49°18'04"E. 76.89' D -E S 01°14'08"W 54.04' E -F N 42°55'03"W 107.76' F -C N 32°46'18"E 30.02' 13-0 N 01°09'06"W 208.80' CITY OF WATERLOO. IOWA #5 rebar with with YPC d F11 SCALE: 1" = 60' 0' 30' 60' Fd. #5 rebar with YPC DATE DRAWN 2-24-2016 STA 76+55.00 (� 158.3$' pob STA 76+30.00 tt 175.00' Lot 1 AUDITOR RAINBOW'S PLAT NO.; 1 Lot 2 Lot 3 Lot 4 doe 102.80' Lot 5 PT STA 74+81.88 EXISTING ROW LINE I hereby certify that this land prepared and the related survey or eC my Pe,'sone! arvts! I c need Land 4z-vt ettMet(1 t. Shark surveying document was WTk was performed by me and that I am a duly awe of the state of Iowa. Date License number 10898 My License renewal dote Is December 31. 2017 Pages or sheets covered by this seal. IOWADOT Prepared by: Laurie Brown, Office of Right of Way, 800 Lincoln Way, Ames, IA 50010, 515-239-1813 Return to: Laurie Brown, Office of Right of Way, 800 Lincoln Way, Ames, IA 50010, 515-239-1813 Address Tax Statements: Tax Exempt -IA Code Sec. 427.1 (Prop Mgmt-ROW Office, IDOT, 800 Lincoln Way, Ames, IA 50010) QUITCLAIM DEED (CORPORATE GRANTOR) For the consideration of ZERO DOLLARS AND NO/100 ($0.00) DOLLARS and other valuable consideration in hand paid by Iowa Department of Transportation, the CITY OF WATERLOO, IOWA, a municipal corporation organized and existing under the laws of the State of Iowa, does hereby convey to the STATE OF IOWA, all its right, title, estate, claim and demand in the following described real estate in Black Hawk County, Iowa: THE RIGHTS, TITLE, CLAIM, INTEREST, IF ANY, GRANTED IS TO LAND DESCRIBED AS FOLLOWS: See real estate description and Acquisition Plat attached hereto and by this reference made a part hereof. (Pages 3-4). This quitclaim deed, is given in fulfillment of a certain Purchase Agreement executed by the grantor on li- z- , 2016, and signed by the grantee on 2016, on file in the Office of Right of Way, Iowa Department of Transportation, 800 Lincoln Way, Ames, Iowa 50010, except for those terms that survive the execution of this document. This land is being acquired for public purposes and a Declaration of Value is not required. Iowa Code Sec. 428A.1. This deed and transfer is exempt from transfer tax as the grantor is a political subdivision of the State of Iowa. Iowa Code Sec. 428A.2(6). Words and phrases herein, including acknowledgment hereof, shall be construed as in the singular or plural number, according to the context. Dated 2 ,2016. Black Hawk County Project No. NHSX-63-6(70)--3H-07 City of Waterloo, Iowa (Parcel No. 73) Page 1 of 4 CITY OF WATERLOO, IOWA By: By: (AFFIX CORPORATE SEAL ABOVE) Quentin Hart, Mayor Suzy Schres, City Clerk STATE OF IOWA, COUNTY OF BLACK HAWK, ss: (Sign in Ink) **ya On this �day of ��� �, 2016, before me, the undersigned, a Notary Public in and for said State, personally appeared Quentin Hart 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 contained in the Resolution adopted br the City Council, under Roll Call No. of the City Council on the —2-6‘" day of ;,-Il_a� , 2016, and that Quentin Hart and Suzy Schares acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. NANCY 1-11GBY COMMISSION NO.788229 MISSIOt Fx?TES Notary Public. (AFFIX NOTARIAL SEAL ABOVE ♦ ) (Sign in Ink) Black Hawk County Project No. NHSX-63-6(70)--3H-07 City of Waterloo, Iowa (Parcel No. 73) Page 2 of 4 FORM 634-077 COUNTY IOWA DEPARTMENT OF TRANSPORTATION ACQUISITION PLAT EXHIBIT "A" BLACK HAWK PROJECT NO. NHSX-63-6(70)--3H-07 SECTION 24 ROW—FEE ACQUIRED FROM TOWNSHIP AC EASE C IOWA DOT STATE CONTROL NO. PARCEL NO. 73 89 N RANGE 13 W 3,171 SQ. FT. AC EXCESS—FEE AC Fd. pinched =— > Pipe Fd. Pipe YPC 386 Fd. Pipe 1 I� YPC #386 Lot 1 Fd. #5 Rebar Fd. 3/4" pipe EXISTING ROW LINE ACQUISITION AREA 3.171 SQUARE FEET Fd. #5 rebar with YPC Logan Ave SCALE: 1" = 60' 0' 30' 60' Fd. #5 rebar with YPC DATE DRAWN STA 76+55.00 it 158.38'pob STA 76+30.00 it 175.00' Lot 1 AUDITOR RAINBOW'S PLAT NO.:1 A -B N 01°09'06"W 208.86' B -C S 49°18'04"E 128.63' C -D S 49°18'04"E 76.89' D -E S 01°14'08"W 54.04' E -F N 42°55'03"W 107.76' F -C N 32°46'18"E 30.02' B -G N 01°09'06"W 208.80' 2-24-2016 Lot 2 Lot 5 Imo EXISTING ROW LINE Lot 3 Lot 4 dcc t 102.80' CITY OF WATERLOO. IOWA PT STA 74+81.88 KENNETH STARK 10898 I hereby certify that this land surveying document was prepared and the related survey k was performed by me or hder my pe sonar ervisio and that I am a duly c used Land rvevdr unit r th haws of the state of Iowa. Date eh 4th t. St k License number 10898 My License renewal dote is December 31. 2017 Pages or sheets covered by this seal. evr NHSX-63-6(70)-311-07 BLACK HAWK COUNTY, IOWA PARCEL 73 CITY OF WATERLOO EASEMENT ACQUISITION A parcel of land located in part of Section 24, Township 89 North,,Range 13 West in the City of Waterloo, Black Hawk County, Iowa as shown on acquisition plat, Exhibit "A", attached hereto and by reference made a part hereof. EASEMENT RIGHTS FOR SUBDRAIN MAINTENANCE GRANTED IS TO LAND DESCRIBED AS FOLLOWS: Commencing at the Southwest Corner of Lot 1 of Auditor Rainbow's Plat No. 1; thence N 01°09'06"W 208.86 feet along the West line of said Lot 1 and East line of Logan Avenue to the Existing Southerly right of way line of the Chicago Central and Pacific Railroad Company; thence S 49°18'04"E 128.63 feet along said Existing Southerly right of way line to the point of beginning; thence, continuing along said Southerly right of way line, S 49°18'04"E 76.89 feet; thence S 01°14'08"W 54.04 feet; thence N 42°55'03"W 107.76 feet; thence N 32°46' 18"E 30.02 feet to the point of beginning. Said parcel contains 3,171 Square Feet. Form 634059wd (5-11) !`IOWA Office of Right of Way, 800 Lincoln Way, Ames, Iowa 50010 DATE ` It`( Ph.: 515-239-1135 FAX: 515-239-1247 E-mail: @dot.iowa.gov www.iowadot.gov COUNTY Black Hawk PROJECT NHSX-63-6(70)-3H-07 PARCEL 73 OFFER TO PURCHASE — COMPENSATION ESTIMATE Owner City of Waterloo Address 715 Mulberry St., Waterloo, IA 50703 Pursuant to federal and state regulations, the Iowa Department of Transportation presents to you the pamphlet Highways and Your Land and submits an offer of $0.00 Mutual Benefit, which represents just compensation of the right of way needed from your property. You will not be required to move from your dwelling or to ve your business, farm, non-profit organization to personal property any sooner than NA , which is at least 90 days from the date of this notice. By Edward R Greenman, Acquisition Agent Form 633402wd (5-11) !IOWAD t'3 Office of Right of Way, 800 Lincoln Way, Ames, IA 50010 Ph.: 515-239-1135 Toll -Free Phone: 866-282-5809 FAX: 515-239-1247 Web E-mail: edward.greenman@dotiowa.gov www.iowadot.gov COMPENSATION ESTIMATE Parcel Number: 73 County: Black Hawk Project Number: NHSX-063-6(70)-3H-07 Route Number: Hwy 63 Recorded Owner(s) City of Waterloo Owner's(s') Mailing Address 715 Mulberry St, Waterloo, IA. 50703 Tenant(s) Tenant (s) Mailing Address Subject Property Address None A part of Lot 1 in Auditor Rainbow's Plat NO. 1 in Section 24, Township 89 North, Range 13 West in the City of Waterloo, County of Black Hawk, State of This property is described as Iowa Basis for land compensation Project approved data for Mutual Benefit Land to be acquired by fee title sq.ft. @ $0.00 = $0.00 Permanent easement .07 acre @ $0.00 = $0.00 Other considerations: Temporary Easement 7,282 sqft $0.00 Total compensation $0.00 Compensation for right of way fence is to be determined by a fixed schedule or in accordance with Iowa Code section 66.44. Certification I certify that I am familiar with the property that is the subject of this compensation estimate, that the valuation is based upon data contained in the files of the Iowa Department of Transportation, and that I have no direct or indirect present or contemplated future personal interest in this property or in any benefit from the acquisition of this property. Agen 's Signature Edward R Greenman Date Approved by County BLACK HAWK RIGHT OF WAY OFFICE SUMMARY OF PROPOSED ACQUISITION DESIGN SECTION Owner of Record CITY OF WATERLOO Project No NHSX-63-6(70)--3H-07 ID No Parcel No. 73 Contract Purchaser Leasehold Mineral Rights /Mineral Leases 1. PERMANENT ACQUISITION AND PROPERTY AREAS: ROW in Name of State acres /SF Excess Land Area acres /SF Mitigation Area acres /SF * Fee Title ROW in Name of City acres /SF ROW in Name of County acres /SF * Easement for CONSTRUCT AND MAINTAIN SUBDRA I N 0.07 acres * Easement in Name of County for acres /SF * Easement in Name of City for acres /SF Area of remaining properly Left of ROW Right of ROW Total area of properly before acquisition (sum of above) * Quit Claim Deed * Refer to plat for takings from more than one tract — — — tax acres /SF — — — acres /SF — — — tax acres /SF N/A acres /SF acres /SF 2. FLOWAGE EASEMENT TO ELEV. acres 3. RIGHT TO POND WATER TO ELEV. acres 4. ACQUIRE UNDERLYING TITLE TO EXISTING ROW (CURRENTLY HELD BY EASEMENT) State acres 5. TEMPORARY ACQUISITION: Borrow by Easement acres Haul Road by Easement acres Detour by Easement acres Temporary Easement to CONSTRUCT SHOOFLY (2 PLACES) & CONSTRUCT SIDEWALK (2 PLACES) 6. ACCESS CONTROL: Access rights to be acquired between Stations Access location points at stations Entrances will be constructed at Stations Additional Length of Drive & Sta & Sta & Sta & Sta ft. 7. ROW FENCING: The State will construct access control fencing through the Priority I access control limits; sta to sta. to , sta. to , sta to including side road access control limits; sta. to , sta to sta. to , sta. to , sta to The Acqusition Agent is responsible for determining the amount of fence, if any, is to be replaced in all other locations. COMMENTS: Prepared by: Date: LARSON / CUVA 3-14-16 OWNER: IOWA DEPARTMENT OF TRANSPORTATION PROJECT DEVELOPMENT PLOT PLAN CITY OF WATERLOO 0706301808\row\07063070.sed Model - Parcel 73 PARCEL NO.: 73 SECT ION. 24 89 N -R SCALE:I "= 100' 13 W. W.D. OR EASEMENT LINE: ACCESS LOCATION POINT: PROPERTY LINE: LEGEND • 1-4 Lot 2 78+70 TEMPORARY EASEMENT TO CONSTRUCT SIDEWALK AREA = 70 SQ. FT. 233'±EX°RR R/W 77+65 /W TEMPORARY EASEMENT TO CONSTRUCT SHOOFLY AREA = 2,234 SQ. FT. Lot 13 Lot 12 m 78+70 100' 78+50 ..158'±EX°R 76+30 100' 76+15 TEMPORARY EASEMENT TO CONSTRUCT SIDEWALK AREA = 55 SQ. FT. 106'±EX°R/W TEMPORARY EASEMENT TO CONSTRUCT SHOOFLY AREA = 8,038 SQ. FT. N U.S. 63 COUNTY° BLACK HAWK PROJECT NO.: NHSX-63-6(70)--3H-07 Resolution No. CITIES AND TOWNS CERTIFICATION OF MUNICIPAL CORPORATE RESOLUTIONS SALE OF REAL PROPERTY AND DELIVERY OF CONVEYANCE Parcel No. 73 Black Hawk County Project No. NHSX-63-6(70)--3H-07 Primary Road No. US 63 I, the undersigned, Suzy Schares, City Clerk of the City of Waterloo, Iowa, a municipal corporation duly organized and existing under the laws of the State of Iowa, DO HEREBY CERTIFY that notice of a pending sale of real estate has been published at least once, not less than four or more than twenty days before the date of the hearing in a newspaper published at least once weekly and having general circulation in the City of Waterloo, Black Hawk County, Iowa, in accordance with the Code of Iowa, that a public hearing has been held and the following is a true and exact transcript of certain resolutions duly adopted by the members of the City Council on the 21.01' `'\ day of •eie k , 2016, by the call of yeas and nays recorded below and these resolutions are now in full force and effect: RESOLVED, that this municipal corporation proposes to sell, grant and convey certain City property to the State of Iowa for MUTUAL BENEFIT and other certain benefits, terms and conditions as set forth in a Purchase Agreement to be signed by Quentin Hart, Mayor, and Suzy Schares, City Clerk, relating to Black Hawk County Project No. NHSX-63- 6(70)--3H-07, Parcel No. 73, regarding certain real estate in Sections 26 and 23, Township 89 North, Range 13 West, as shown on Acquisition Plats attached to said Purchase Agreement. RESOLVED FURTHER, that the proposed Purchase Agreement and Quitclaim Deed are hereby approved; that Quentin Hart, Mayor, and Suzy Schares, City Clerk, are hereby empowered and directed to execute, acknowledge, and deliver in the name of this Municipal Corporation, the Purchase Agreement, the Quitclaim Deed and any other instruments of title required by law or which may, in the judgment of such officers, be necessary or desirable to effectuate the sale, grant and conveyance of the property to the State of Iowa. RESOLVED FURTHER, that the executed Purchase Agreement and Quitclaim Deed are hereby accepted and approved by this municipal corporation, and Suzy Schares, City Clerk, is hereby directed to deliver the executed Purchase Agreement and Quitclaim Deed to the Iowa Department of Transportation Right of Way Agent, or their duly authorized representative, in exchange for the consideration of MUTUAL BENEFIT and other valuable considerations, all as authorized in accordance with the Code of Iowa. Members of the City Council Yeas • Nays Absent or Not Voting iv%Yres-c L, rriO s IN WITNESS WhtEREOF, I have hereunto subscribed my name at 1"- C - '\1 r• , Iowa, this 1P day of , 2016. zy Sch res City Clerk (AFFIX CORPORATE SEAL ABOVE A) (Sign in Ink) STATE OF IOWA, COUNTY OF BLACK HAWK, ss: Subscribed and sworn to before me this le day ofz , - j 2016. NANCY HIGBY COMMISSION NO.788229 MY COMMISSION rIREB v1/442_ v { (Sign in Ink) Notary Public. (AFFIX NOTARIAL SEAL ABOVE A) Black Hawk County Project No. NHSX-63-6(70)--3H-07 City of Waterloo, Iowa (Parcel No. 73)