HomeMy WebLinkAbout2012-330-4/16/2012(This Notice to be posted)
NOTICE AND CALL OF PUBLIC MEETING
Governmental Body: The City Council of Waterloo, Iowa.
Date of Meeting: April 16, 2012.
Time of Meeting: 5:30 o'clock P.M.
Place of Meeting: Council Chambers, City Hall, Waterloo, Iowa.
PUBLIC NOTICE IS HEREBY GIVEN that the above mentioned governmental
body will meet at the date, time and place above set out. The tentative agenda for said
meeting is as follows:
• Public Hearing on Disposal of Interest in Real Property to Waterloo
Development Corporation.
• Resolution Approving of Disposal of Interest in Real Property to Waterloo
Development Corporation, and approving form of Deed and authorizing its
execution and delivery.
Such additional matters as are set forth on the additional 7 page(s) attached hereto.
This notice is given at the direction of the Mayor pursuant to Chapter 21, Code of
Iowa, and the local rules of said governmental body.
Suzy Scha es, City Clerk, Waterloo, Iowa
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April 16, 2012
The City Council of Waterloo, Iowa, met in regular session, in the Council
Chambers, City Hall, Waterloo, Iowa, at 5:30 o'clock P.M., on the above date. There
were present Mayor Ernest G. Clark, in the chair, and the following named Council
Members:
Cole, Getty, Jones, Greenwood, Schmitt, Welper, Hart
Absent: none
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The Mayor announced that this was the time and place for the public hearing and
meeting on the matter of the proposal to dispose of an interest in real property, by means
of a Deed, to Waterloo Development Corporation, and that notice of the proposed action
by the Council had been published pursuant to the provisions of Section 364.7 of the
Code of Iowa.
The Mayor then asked the Clerk whether any written objections had been filed by
any resident or property owner to the proposed action. The Clerk advised the Mayor and
the Council that no written objections had been filed. The Mayor then called for oral
objections and none were made. Whereupon, the Mayor declared the time for receiving
oral and written objections to be closed.
(Attach here a summary of objections
received or made, if any)
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Council Member Welper introduced the following Resolution entitled
"RESOLUTION APPROVING THE DISPOSAL OF AN INTEREST IN REAL
PROPERTY TO WATERLOO DEVELOPMENT CORPORATION AND APPROVING
THE FORM OF RELATED DEED AND AUTHORIZING ITS EXECUTION AND
DELIVERY", and moved that the same be adopted. Council Member Schmitt seconded
the motion to adopt. The roll was called and the vote was,
AYES: Cole, Getty, Jones, Greenwood, Schmitt, Welper, Hart
NAYS: none
Whereupon, the Mayor declared the resolution duly adopted as follows:
RESOLUTION NO. 2012-330
RESOLUTION APPROVING THE DISPOSAL OF AN INTEREST
IN REAL PROPERTY TO WATERLOO DEVELOPMENT
CORPORATION AND APPROVING THE FORM OF RELATED
DEED AND AUTHORIZING ITS EXECUTION AND DELIVERY
WHEREAS, the City of Waterloo, Iowa ("City") and Waterloo Development
Corporation ("Developer") are parties to a Development and Property Transfer
Agreement dated December 19, 2011 (the "Development Agreement"); and
WHEREAS, under said Development Agreement it is proposed that the City
transfer title and possession of certain real property owned by the City and hereinafter
described (the "Property") to the Developer, upon which the Developer would construct a
multi -use recreational and athletic facility complex to be known as the Cedar Valley
Sportsplex, which Developer would then lease to the City upon completion thereof under
the terms of a lease purchase agreement between the City and the Developer; and
WHEREAS, the Property to be disposed of is legally described as follows:
All that part of Block Fourteen (14), including Twenty (20) foot alley, in the
Original Plat, on the West Side of the Cedar River in the City of Waterloo, Black
Hawk County, Iowa, EXCEPT That part of Twenty (20) foot alley in said Block
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Fourteen (14), lying Southeasterly of the Southwesterly extension of the
Northwest line of the Southeast Forty (40) feet of Lot Three (3), said Block
Fourteen (14), AND EXCEPT Lots One (1) and Two (2) and the Southeast Forty
(40) feet of Lot (3), all in said Block Fourteen (14), AND EXCEPT Lots Nos.
Nine (9) and Ten (10) except the Southwesterly Thirty (30) feet of said Lots, in
Block No. Fourteen (14).
AND
That part of the Original Plat, on the West Side of the Cedar River, in the City of
Waterloo, Black Hawk County, Iowa, described as follows:
Beginning at the most Southerly corner of Block Thirteen (13), aforesaid Original
Plat; thence Northeasterly along the Southeasterly line of said Block Thirteen (13)
to the most Easterly corner of said Block Thirteen (13); thence Southeasterly to
the most Northerly corner of Block Fourteen (14), aforesaid Original Plat; thence
Southwesterly along the Northwesterly line of said Block Fourteen (14) to the
most Westerly corner of said Block Fourteen (14); thence Northwesterly to the
point of beginning;
AND
That part of a parcel lying Southwest of Block Fourteen (14), the Original Plat, on
the West Side of the Cedar River, in the City of Waterloo, Black Hawk County,
Iowa, described as follows:
Beginning at the most Southerly corner of aforesaid Block Fourteen (14); thence
Southwest Thirty (30) feet along the Southwesterly extension of the Southeast line
of said Block Fourteen (14); thence Northerly to the most Westerly corner of said
Block Fourteen (14); thence Southeasterly along aforesaid Southwest line of Block
Fourteen (14) to the point of beginning.
AND
All of Lots One (1), Two (2), Three (3), Four (4), Five (5), and Twenty (20) foot
alley, Block Thirteen (13) in the Original Plat, on the West Side of the Cedar
River, in the City of Waterloo, Black Hawk County, Iowa.
AND
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The Northeasterly One Hundred Ten (110) feet of Lots Six (6), Seven (7), Eight
(8), Nine (9) and Ten (10), all in Block Thirteen (13) in the Original Plat, on the
West Side of the Cedar River, in the City of Waterloo, Black Hawk County, Iowa,
EXCEPT those parts conveyed to the State of Iowa in 607 CLD 684 AND
EXCEPT those parts conveyed to the City of Waterloo in 661 CLD 853.
AND
That part of Lots Eight (8), Nine (9) and Ten (10), Block Thirteen (13), Original
Plat of West Waterloo, Black Hawk County Iowa, bounded as follows:
On the Northeast by the Southwest line of the Northeasterly One Hundred Ten
(110) feet of said Lots Eight (8), Nine (9) and Ten (10); On the Northwest by the
Northwesterly line of the Southeasterly Ten (10) feet of said Lot Eight (8); On the
Southwest by a line drawn from a point on the Northwesterly line of said
Southeasterly ten (10) feet of Lot Eight (8), which is One Hundred Eighteen (118)
feet Southwest of the Northeasterly line of said Lot Eight (8), said line extending
to a point on the Southeasterly line of said Lot Ten (10) which is One Hundred
Thirty-seven and Five Tenths (137.5) feet Southwesterly of the Northeast corner
of said Lot Ten (10).
WHEREAS, the City Council has determined that the redevelopment of said
Property under the terms of the Development Agreement is in the best interests of the
City and the residents thereof; and
WHEREAS, Section 364.7 of the Iowa Code requires that a public hearing be held
on the proposal to dispose of an interest in real property, which has now been held.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF WATERLOO, IOWA:
Section 1. The Council finds that disposal of the Property to Waterloo
Development Corporation will benefit the health, safety and welfare of, and is in the best
interests of the residents of the City, and the proposal to dispose of an interest in real
property to Waterloo Development Corporation, by means of a deed, is hereby approved.
Section 2. The form and content of the Deed now before this Council ("Deed"),
the provisions of which are incorporated herein by reference, hereby are in all respects
authorized, approved and confirmed. The Mayor and City Clerk are authorized,
empowered and directed to execute, attest and deliver the Deed and all related closing
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documents and certifications for and on behalf of the City, including necessary
counterparts and in substantially the forth and content now before this meeting but with
such changes, modifications, additions or deletions therein as shall to them, upon the
advice of special counsel to the City, seem necessary, desirable or appropriate, their
execution thereof to constitute conclusive evidence of the Council's approval of any and
all changes, modifications, additions or deletions therein from the form and content of the
Deed now before this meeting, and from and after the execution and delivery of the Deed,
the Mayor and City Clerk are hereby authorized, empowered and directed to do all such
acts and things and execute all such documents as may be necessary to carry out and
comply with the provisions of the Deed as so executed.
PASSED AND APPROVED this 16th day oApril, 2012.
ATTEST:
Suzy Sc ares, City Clerk
Ernest G. Clark, Mayor
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CERTIFICATE
STATE OF IOWA )
) SS
COUNTY OF BLACK HAWK )
I, the undersigned City Clerk of Waterloo, Iowa, do hereby certify that attached is
a true and complete copy of the portion of the corporate records of said Municipality
showing proceedings of the Council, and the same is a true and complete copy of the
action taken by said Council with respect to said matter at the meeting held on the date
indicated in the attachment, which proceedings remain in full force and effect, and have
not been amended or rescinded in any way; that meeting and all action thereat was duly
and publicly held in accordance with a notice of meeting and tentative agenda, a copy of
which was timely served on each member of the Council and posted on a bulletin board
or other prominent place easily accessible to the public and clearly designated for that
purpose at the principal office of the Council (a copy of the face sheet of said agenda
being attached hereto) pursuant to the local rules of the Council and the provisions of
Chapter 21, Code of Iowa, upon reasonable advance notice to the public and media at
least twenty-four hours prior to the commencement of the meeting as required by said
law and with members of the public present in attendance; I further certify that the
individuals named therein were on the date thereof duly and lawfully possessed of their
respective city offices as indicated therein, that no Council vacancy existed except as may
be stated in said proceedings, and that no controversy or litigation is pending, prayed or
threatened involving the incorporation, organization, existence or boundaries of the City
or the right of the individuals named therein as officers to their respective positions.
WITNESS my hand and the seal of said Municipality hereto affixed this 16t1i day
of April, 2012.
SEAL
00846370-1111310-093
uzy S ares, City Clerk, Waterloo, Iowa
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