HomeMy WebLinkAbout2017-738-9/5/2017 (RECORDED)111111111111111111111111 11111111111111111111 1111111111 1111111
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Bla k Hawk County Iowa
SANDIE L. SMITH RECORDER
Fi1e2018-00008 / 1 4
y, Prepared by LeAnn M. Even, Deputy City Clerk, City of Waterloo, 715 Mulberry Street,
i` Waterloo, IA 50703, (319) 291-4323.
RESOLUTION NO. 2017-738
RESOLUTION AUTHORIZING THE SALE AND
CONVEYANCE OF A 33' X 106' PORTION OF A PUBLIC
ALLEY RIGHT-OF-WAY, GENERALLY LOCATED
ADJACENT TO 2014 BLACK HAWK STREET, IN THE
AMOUNT OF $800, TO DWAYNE EILERS, AND INSTRUCT
THE CITY CLERK TO PUBLISH SAID NOTICE.
WHEREAS, the City of Waterloo, Iowa is the owner of public alley right-of-way in the
City of Waterloo, Iowa, as describe below, and
WHEREAS, an offer to purchase said certain parcels of public alley right-of-way, in the
amount of $800, has been made by Dwayne Eilers, and
WHEREAS, a public hearing was held on September 5, 2017 at 5:30 p.m. in the Harold
E. Getty Council Chambers, City Hall, Waterloo, Iowa, as provided by law, by the Council of the
City of Waterloo, Iowa, on the proposal to sell and convey public alley right-of-way owned by
the City of Waterloo, Iowa, to Dwayne Eilers, and
WHEREAS, it is the opinion of this council that said sale and conveyance should be
made as proposed.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
WATERLOO, IOWA, AS FOLLOWS:
1. The public alley right-of-way, as fully described in the published notice in the
Waterloo Courier on September 5, 2017, is not presently needed and will not be needed in the
foreseeable future for municipal purposes, and its ownership is serving no municipal purpose.
2. That the offer of Dwayne Eilers to purchase said public alley right-of-way for the sum
of $800, is hereby accepted for the real property described as follows:
DESCRIPTION — ALLEY VACATE:
THAT PORTION OF THE ALLEY AS PLATTED IN BLOCK 14 OF HAYES
ADDITION LYING SOUTHEASTERLY OF A LINE DRAWN BETWEEN
THE WESTERLY MOST CORNER OF LOT 2 IN SAID BLOCK 14 AND THE
NORTHERLY MOST CORNER OF LOT 9 IN SAID BLOCK 14, AND LYING
NORTHWESTERLY OF A SOUTHWESTERLY EXTENSION OF A LINE
DRAWN PARALLEL AND 46 FEET SOUTHEAST OF THE
NORTHWESTERLY LINE OF LOT 2 IN SAID BLOCK 14, CITY OF
WATERLOO, IOWA.
3. That the City of Waterloo, Iowa conveys said parcels of real property described above
to Dwayne Eilers by a warranty deed.
deed.
4. That the Mayor and City Clerk are authorized and directed to execute said warranty
5. That the original of said warranty deed, fully executed and acknowledged, is hereby
approved and confirmed by this Council.
Resolution 2017-738
Page 2
6. That the City Attorney is authorized and directed to deliver said warranty deed to
Dwayne Eilers upon receipt of $800.
PASSED AND ADOPTED this 5th day of September 2017.
ATTEST:,:
///
Kelley Fe,
City Cler ��ll
Quentin Hart, Mayor
CERTIFICATE
I, Kelley Felchle City Clerk of the City of Waterloo, Iowa, do hereby certify that the
preceding is a true and complete copy of Resolution 2017-738, as passed and adopted by the
Council of the City of Waterloo, Iowa, on the 5th day of September 2017.
Witness my hand and seal of office this 5th day of September 2017.
Kelley Fel
City Clerk
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11
VI
Doc ID: 008278650002 Type GEN
Recorded: 11/17/2017 at 04:03:32 PM
Fee Amt: $17.00 Page 1 of 2
Revenue Tax: $0.00
Black Hawk County Iowa
SANDIE L. SMITH RECORDER
File2018-00008775
C i Of Ct 'l OC)
��J
Prepared by David R. Zellhoefer, City Attorney, 715 Mulberry, Waterloo, IA, 50703, telephone (319) 291-4327
TAX STATEMENT: Marcus
For the consideration
and other valuable
does hereby Quit
Pratt, 3306 Parkridge Road, Waterloo, Iowa 50701 SPACE ABOVE THIS LINE FOR
RECORDER
QUIT CLAIM DEED
of ($800.00) Eight Hundred Dollar(s)
consideration, plus costs
CITY OF WATERLOO, IOWA
Claim to
DWAYNE EILERS,
all our right,
Black Hawk
title,
County,
See
exempt
herein,
_;
/
interest, estate, claim
Iowa:
attached Legal Description,
from Documentary Stamp
hereby relinquishes all rights
including acknowledgment
to the context.
5, 2017
/ / j______
and demand in the following -described real estate in
marked Exhibit "A".
and Declaration of Value per Iowa Code §428A2(6) (2016).
of dower, homestead and distributive share in and to the real estate.
hereof, shall be construed as in the singular or pthral number, and as masculine or
CITY OF WATERLOO, IOWA
This transaction
Each of the undersigned
Words and phrases
feminine gender, according
Dated: September
A`l TMST °
I
Quentin Hart, Mayor
Kelley
STATE
Iowa,
sworn,
affixed
sealed
Council,
Hart and
voluntary
Felchle,
OF IOWA,
On this
personally
did say
to the foregoing
on behalf
under
Kelley
act and
City Clerk
COUNTY OF BLACK
day of November,
HAWK ) ss
2017, before me, the undersigned, a Notary Public in and for the State of
Kelley Felchle, to me personally known, and who, being by me duly
City Clerk, respectively, of the City of Waterloo, Iowa; that the seal
corporate seal of the corporation, and that the instrument was signed and
of its City Council as contained in the Resolution adopted by the City
of the City Council on the 5th day of September, 20I7, and that Quentin
execution of the instrument to be their voluntary act and deed and the
by it voluntarily executed.
(�n_
- ► l9
__
appeared Quentin Hart and
that they are the Mayor and
instrument is the
of the corporation by authority
Council Action No. 145948
Felchle acknowledged the
deed of the corporation,
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COMMISSION NO.788229
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Entered upon transfer books and for taxation this
a3;da varYta .una
Description — Alley vacate:
That portion of the alley as platted in Block 14 of Hayes Addition lying Southeasterly of a line drawn
between the Westerly most corner of Lot 2 in said Block 14 and the Northerly most corner of Lot 9 in
said Block 14, and lying Northwesterly of a Southwesterly extension of a line drawn parallel and 46 feet
Southeast of the Northwesterly line of Lot 2 in said Block 14, City of Waterloo, Iowa.
11111111111111111111111111111111111111111111111111111111111111111111111111
Doc ID 008278660003 Type GWH
K'nd GROUND WATER HAZARD STATEMENT
R corded: 11/17/2017 at 04:03:37 PM
Fee Amt: $0,00 Page 1 of 3
Black Hawk County Iowa
SANDIE L. SMITH RECORDER
Fi1e9998_00007629
REAL ESTATE TRANSFER -GROUNDWATER HAZARD STATEMENT
TO BE COMPLETED BY TRANSFEROR
TRANSFEROR:
Name city of Waterloo
Address 715 Mulberry Street, Waterloo, Iowa 50703
Number and Street or RR City, Town or P.O. Slate Zip
TRANSFEREE:
Name Dwayne Eilers
Address 1.205 1/2 Bishop, Waterloo, Iowa 50703
Number antl Street or kk l.uy, town or P
State
p
Address of Property Transferred:
Vacated right-of-way adjacent to 2014 Black Hawk Street, Waterloo, Iowa
Number and Street or kit CI Im n o PO Stale Zip
Legal Description of Property: (Attach if necessary)
See attached legal description
1. Wells (check one)
There are no known wells situated on this property.
❑ There is a well or wells situated on this property. The type(s), location(s) and legal status are
stated below or set forth on an attached separate sheet, as necessary.
2. Solid Waste Disposal (check one)
EN There is no known solid waste disposal site on this property.
❑ There is a solid waste disposal site on this property and information related thereto is provided in
Attachment #1, attached to this document.
3. Hazardous Wastes (check one)
M There is no known hazardous waste on this property.
O There is hazardous waste on this property and information related thereto is provided in
Attachment #1, attached to this document.
4. Underground Storage Tanks (check one)
PI There are no known underground storage tanks on this property. (Note exclusions such as
small farm and residential motor fuel tanks, most heating oil tanks, cisterns and septic tanks, in
instructions.)
O There is an underground storage tank on this property. The type(s), size(s) and any known
substance(s) contained are listed below or on an attached separate sheet, as necessary.
FILE WITH RECORDER DNR form 542-0960 (July 18, 2012)
5. Private Burial Site (check one)
Of There are no known private burial sites on this property.
❑ There is a private burial site on this property. The location(s) of the site(s) and known
identifying information of the decedent(s) is stated below or on an attached separate sheet, as
necessary.
6. Private Sewage Disposal System (check one)
All buildings on this property are served by a public or semi-public sewage disposal system.
❑ This transaction does not involve the transfer of any building which has or is required by law to
have a sewage disposal system.
❑ There is a building served by private sewage disposal system on this property or a building
without any lawful sewage disposal system. A certified inspector's report is attached which
documents the condition of the private sewage disposal system and whether any modifications
are required to conform to standards adopted by the Department of Natural Resources. A
certified inspection report must be accompanied by this form when recording.
❑ There is a building served by private sewage disposal system on this property. Weather or
other temporary physical conditions prevent the certified inspection of the private sewage
disposal system from being conducted. The buyer has executed a binding acknowledgment
with the county board of health to conduct a certified inspection of the private sewage disposal
system at the earliest practicable time and to be responsible for any required modifications to
the private sewage disposal system as identified by the certified inspection. A copy of the
binding acknowledgment is attached to this form.
❑ There is a building served by private sewage disposal system on this property. The buyer has
executed a binding acknowledgment with the county board of health to install a new private
sewage disposal system on this property within an agreed upon time period. A copy of the
binding acknowledgment is provided with this form.
❑ There is a building served by private sewage disposal system on this property. The building to
which the sewage disposal system is connected will be demolished without being occupied. The
buyer has executed a binding acknowledgment with the county board of health to demolish the
building within an agreed upon time period. A copy of the binding acknowledgment is provided
with this form. [Exemption #9]
❑ This property is exempt from the private sewage disposal inspection requirements pursuant to
the following exemption [Note: for exemption #9 use prior check box]:
❑ The private sewage disposal system has been installed within the past two years pursuant to
permit number
Information required by statements checked above should be provided here or on separate
sheets attached hereto:
I HEREBY DECLARE THAT I HAVE REVIEWED THE INSTRUCTIONS FOR THIS
FORM
AND THAT THE INFORMATION STATED ABOVE IS TRUE AND CORRECT.
Signature: Telephone No.: ( 319 ) 291-4366
(Transferor or Agent)
FILE WITH RECORDER DNR form 542-0960 (July 18, 2012)
Description — Alley vacate:
That portion of the alley as platted in Block 14 of Hayes Addition lying Southeasterly of a line drawn
between the Westerly most corner of Lot 2 in said Block 14 and the Northerly most corner of Lot 9 in
said Block 14, and lying Northwesterly of a Southwesterly extension of a line drawn parallel and 46 feet
Southeast of the Northwesterly line of Lot 2 in said Block 14, City of Waterloo, Iowa.