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HomeMy WebLinkAbout2012-152-02/20/2012Prepared by Carol Failor, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703. RESOLUTION NO. 2012-152 RESOLUTION AUTHORIZING THE SALE AND CONVEYANCE OF CITY -OWNED PORTIONS OF ALMOND STREET AND WALNUT STREET TO FEPH-ACQUISITIONS FUND II, LLC, FOR $1.00, PLUS COSTS, 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 parcel of real property in the sum of $1.00, plus costs, has been made by FEPH- Acquisitions Fund II, LLC, and WHEREAS, a public hearing was held on February 20, 2012, 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 FEPH-Acquisitions Fund II, 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 February 15, 2012, 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 FEPH-Acquisitions Fund II, LLC to purchase real property for the sum of $1.00, and costs, be and it is hereby accepted for real property described below: A portion of the right of way of Walnut Street, lying between Almond Street and Clay Street, in Cooley's Addition, City of Waterloo, Black Hawk County, Iowa, and more particularly described as follows: Beginning at the most southerly corner of Block Seventy (70) in Said Cooley's Addition; Thence South 0°51'01" East, 93.82 feet to the Southwesterly right of way line of Walnut Street; Thence North 49°06'06" West on said right of way line, 447.66 feet to the beginning of a 289.14 foot radius curve concave Southeasterly and having a long chord of 9.54 feet bearing North 39°08'55" East; Thence Northeasterly on the arc of said curve, 9.54 feet to the South right of way line of Almond Street; Thence South 89°41'45" East on said right of way line, 92.93 feet to the Northeasterly right of way line of Walnut Street; Thence South 49°06'06" East on said right of way line, 314.92 feet to the point of beginning. Described parcel contains 0.62 acres. And; Resolution No. 2012-152 Page 2 A portion of the right of way of Almond Street, in Cooley's Addition, City of Waterloo, Black Hawk County, Iowa, and more particularly described as follows: Beginning at the point of intersection of the South right of way line of Almond Street with the Northeasterly right of way line of Walnut Street, said point being North 89°41'45" West, 236.86 feet from the Northeast corner of Block 70 in said Addition, and said point also being the point of beginning; Thence continuing North 89°41'45" West on said South right of way line, 91.06 feet to the East right of way line of Mullan Avenue and the beginning of a 289.14 -foot radius curve concave Southeasterly and having a long chord of 23.46 feet bearing North 42°25'07" East; Thence Northeasterly on the arc of said curve, 23.46 feet to the beginning of a 10.00 -foot radius curve concave Southerly and having a long chord of 11.54 feet bearing North 79°59'50 East; Thence Easterly on the arc of said curve, 12.31 feet; Thence South 64°44'56" East, 24.04 feet to the beginning of a 100.00 -foot radius curve concave Northerly and having a long chord of 43.20 feet bearing South 77°13'21" East; Thence Easterly on the arc of said curve, 43.54 feet to the point of beginning. Described parcel contains 0.02 acres (807 sq. ft.). 3. That the City of Waterloo, Iowa convey said parcel of real property to FEPH-Acquisitions Fund II, LLC by deed. 4. That the Mayor and City Clerk are hereby authorized to execute and deliver deed to FEPH-Acquisitions Fund II, 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 FEPH-Acquisitions Fund II, LLC upon receipt of the sum of $1.00, and costs. PASSED AND ADOPTED this 20th day of February, 2012. finest Clark, Mayor ATTEST: Suzy Sch res, CMC City Clerk