HomeMy WebLinkAbout2015-217-3/30/2015 s
Prepared by Suzy Schares, City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA
50703, (319) 291-4323.
RESOLUTION NO. 2015-217
RESOLUTION DIRECTING PROCESS FOR THE SALE OF
CERTAIN TRACTS OF LAND FORMERLY PORTIONS OF
WEST SAN MARNAN DRIVE AND FIXING THE TIME
AND PLACE OF HEARING AND NOTICE TO BE GIVEN
ON THE SALE AND TAKING OF BIDS FOR SAID
PROPERTY, AS JUNE 8, 2015, AT 5:30 P.M. IN HAROLD E
GETTY COUNCIL CHAMBERS, CITY HALL,
WATERLOO, IOWA, AND INSTRUCTING THE CITY
CLERK TO PUBLISH AND MAIL NOTICE OF HEARING
AND TAKING OF BIDS.
WHEREAS, the City has previously attempted to sell and convey certain portions of right
of way formerly being portions of West San Marnan Drive; and
WHEREAS, the Iowa Supreme Court has declared that the City did not use the proper
procedure in conveying said property; and
WHEREAS, on July 7, 2014, the Iowa District Court enjoined the City "from selling or
transferring" the portions of land which were formerly part of West San Marnan Drive "without
following the procedures prescribed in Iowa Code Section 306.23;" and
WHEREAS, the City now wishes to sell the following described tracts (which are subject
to the injunction) in accord with Iowa Code Section 306.23;
Tract 1:
That part of Parcel "G" lying within the Southwest Quarter of Section 5,
Township 88 North, Range 13 West of the 5t' Principal Meridian, Waterloo,
Black Hawk County, Iowa, as shown on the plat recorded as Doc. 2013-
00020461, subject to easements of record and an easement for a public road as
described within Tract "A" of Sunnyside South Addition to the City of Waterloo.
Said part of Parcel "G" contains 1.752 acres and has been platted into streets and
lots per Sunnyside South Addition, recorded as Doc. 2014-00003182. This
description is for the purpose of complying with the requirements for vacation of
right-of-way and does not interfere with or contradict the lots, easements and
right-of-way created as part of Sunnyside South Addition.
Tract 2:
That part of Parcel "G"lying within the Southeast Quarter of Section 5, Township
88 North, Range 13 West of the 5"' Principal Meridian, Waterloo, Black Hawk
County, Iowa, as shown on the plat recorded as Doc. 2013-00020461, subject to
easements of record and an easement for a public road as described within Tract
"A" of Sunnyside South Addition to the City of Waterloo. Said part of Parcel
"G" contains 4.621 acres and has been platted into streets and lots per Sunnyside
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South Addition, recorded as Doc. 2014-00003182. This description is for the
purpose of complying with the requirements for vacation of right-of-way and does
not interfere with or contradict the lots, easements and right-of-way created as
part of Sunnyside South Addition.
Tract 3:
That part of Parcel "G" lying within the Northwest Quarter of Section 8,
Township 88 North, Range 13 West of the 5ffi Principal Meridian, Waterloo,
Black Hawk County, Iowa, as shown on the plat recorded as Doc. 2013-
00020461, subject to easements of record and an easement for a public road as
described within Tract "A" of Sunnyside South Addition to the City of Waterloo.
Said part of Parcel "G" contains 5.671 acres and has been platted into streets and
lots per Sunnyside South Addition, recorded as Doc. 2014-00003182. This
description is for the purpose of complying with the requirements for vacation of
right-of-way and does not interfere with or contradict the lots, easements and
right-of-way created as part of Sunnyside South Addition.
Tract 4:
That part of Parcel"G" lying within the Northeast Quarter of Section 8, Township
88 North, Range 13 West of the 5t' Principal Meridian, Waterloo, Black Hawk
County, Iowa, as shown on the plat recorded as Doc. 2013-00020461, subject to
easements of record and an easement for a public road as described within Tract
"A" of Sunnyside South Addition to the City of Waterloo. Said part of Parcel
"G" contains 4.039 acres and has been platted into streets and lots per Sunnyside
South Addition, recorded as Doc. 2014-00003182. This description is for the
purpose of complying with the requirements for vacation of right-of-way and does
not interfere with or contradict the lots, easements and right-of-way created as
part of Sunnyside South Addition.
and
WHEREAS, the City has now obtained an independent appraisal of each tract from Rally
Appraisal, L.L.C. as follows:
Tract 1. $36,792
Tract 2. $97,041
Tract 3. $119,091
Tract 4. $84,819
and
WHEREAS, present owners and original owners (except those who are deceased) have
been identified by staff,
NOW THEREFORE BE IT RESOLVED by the City Council of the City of Waterloo,
Iowa, that:
Section 1. It is directed that the above-described tracts of land be sold in accord with
Iowa Code Section 306.23.
Section 2. City staff is directed to prepare in accord with Iowa Code Section 306.23
notices to be mailed by certified mail to such persons as are entitled to notice, and to publish
such notices, staff shall also prepare sealed bid instructions for the sale of land and a sealed bid
form. In addition to any other requirements of law each notice shall contain substantially the
following paragraph;
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"You are further notified that the parcel in question is one of four parcels that is subject to a
Project Development Agreement dated January 7, 2013, and entered into between the City of
Waterloo and Sunnyside South Addition, LLC (the developer). Pursuant to that Development
Agreement, the developer has made various improvements to the property and will be receiving
credit for any bid it makes for the property up to the total amount it has invested in the project,
not to exceed a total of$1,900,000.00 for all four parcels."
All bids shall be due on June 4, 2015 at 1:00 p.m. in the offices of the City Clerk upon such
sealed bid form as staff shall prepare. Staff is to make sealed bid forms and instructions
available at the Offices of the Community Planning &Development Director.
Section 3. A copy of this Resolution shall be sent along with the required notice.
Section 4. All bids received shall be considered by the Council at a hearing at its
regular meeting of June 8, 2015. The City Clerk is instructed to publish notice of hearing in
compliance with Iowa Code Section 364.7 prior to the regular Council meeting of June 8, 2015.
Section 5. That the Council of the City of Waterloo, Iowa, shall meet in the Harold
E. Getty Council Chambers, City Hall, in the City of Waterloo, Iowa, at 5:30 p.m. on the 8th day
of June, 2015, for the purpose of holding a public hearing on the sale of certain tracts of land
formerly portions of West San Marnan Drive, in the City of Waterloo, with the taking of bids
therefore.
PASSED AND ADOPTED this 30th day ofMarch, 15.
rnest G. Cl k, Mayor
ATTEST:
1
Suzy Sch res, CMC
City Clerk
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