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HomeMy WebLinkAboutGreen Development Waterloo, LLC - 3/12/19IIII 0II 0 II 1101 II ID IIDI 0II 010 lI IID IID Ill Doc ID 009502240001 Type GEN Recorded: 03/12/2019 at 01:02:55 PM Fee Amt: $12.00 Page 1 of 1 Revenue Tax: $0.00 Black Hawk County Iowa SANDIE L. SMITH RECORDER File2019-00013562 12 Prepared by David R. Zellhoefer, City Attorney, 715 Mulberry, Waterloo, IA, 50703, telephone (319) 291-4327 TAX STATEMENT: CJE Properties, P.O. Box 2690, Iowa City, IA 52244 SPACE ABOVE THIS LINE FOR RECORDER QUIT CLAIM DEED For the consideration of ($1.00) One and no/100 Dollar(s) and other valuable consideration, plus costs CITY OF WATERLOO, IOWA does hereby Quit Claim to Green Development Waterloo LLC all our right, title, interest, estate, claim and demand in the following -described real estate in Black Hawk County, Iowa: Lot No. Fifteen (15) in Block No. One (1) in Shilliam's Subdivision to the City of Waterloo, Black Hawk County, Iowa; known locally as 738 Mobile Street, Waterloo, Iowa. This transaction exempt from Documentary Stamp and Declaration of Value per Iowa Code §428A.2(6) (2009). Each of the undersigned hereby relinquishes all rights of dower, homestead and distributive sharein and to the real estate. Words and phrases herein, including acknowledgment hereof, shall be construed as in the singular or plural number, and as masuline or feminine gender, according to the context. Dated: March 12, 2019 CITY OF WATERLOO, IOWA Quentin Hart, Mayor ATTEST: I, Kelley.Fele -i ity Clerk :STATE OEI . sOWri , CpOUNTY OF BLACK HAWK ) ss ' ,. n ttTi`is° 12 'day of March, 2019, before me, the undersigned, a Notary Public in and for the State of Iowa, personally aeated Quentin Hart and Kelley Felchle, to me personally known, and who, being by me duly sworn, did a sy.tltat they.are the'Mayor and City Clerk, respectively, of the City of Waterloo, Iowa; that the seal affixed to the foregoing instrtiment 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 by the City Council, under Council Action No. 131064 of the City Council on the 17th day of May, 2010, and that Quentin Hart and Kelley Felchle, 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. ` MICHELLE M. WESTPHAL COMMISSION NO. 159083 a ,--:--Ip4-1-1/ MY COMMISSI� PiRES ���� L/ • /� Nota Public in and for the State of Iow 12 QUIT CLAIM DEED TO Entered upon transfer books and for taxation this day of , 19 Auditor By Deputy Filed for record, indexed and delivered to County Auditor this day of 19 , at o'clock M., and recorded in of Black Hawk County Records. Recorder's Fee $ PAID Auditor's Fee $ PAID Recorder By Deputy WHEN RECORDED RETURN TO: CITY OF WATERLOO, IOWA 715 Mulberry Street Waterloo, Iowa 50703 4-N \I hAaltiV) lauld "trii of -(e). RESOLUTION NO. 2010-373 1111111111111111111111111111111111111111111111111111111111 llllIl Doc ID: 009502230001 Type GEN Recorded: 03/12/2019 at 01:00:59 PM Fee Amt: $7.00 Page 1 of 1 Black Hawk County Iowa SANDIE L. SMITH RECORDER File 2019-00013561 RESOLUTION APPROVING DEVELOPMENT AGREEMENT WITH CJE PROPERTIES AND DIRECTING EXECUTION OF SAID AGREEMENT BY MAYOR. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the Development Agreement dated May 17, 2010, to acquire and move six homes as part of the Highway 63 Expansion Project generally located at 1707 Logan Avenue, 1711 Logan Avenue, 1745 Logan Avenue, 1302 Logan Avenue, 1353 Logan Avenue and 1252 Logan Avenue, and for the sale and conveyance of seven city -owned lots for the placement of the six homes at 528 N. Barkley Street, 701 Cottage Street, 700 Cottage Street, 300 Cottage Street, 738 Mobile Street, 1203 Beech Street and 807 Beech Street for $1.00 each for a total of $6.00, by and between CJE Properties of Iowa City, Iowa and the City of Waterloo, Iowa, be and the same is hereby approved, and the Mayor and City Clerk authorized to execute the same in behalf of the City of Waterloo, Iowa. PASSED AND ADOPTED this 17th day of May, 2010. ATTEST: Suzy hares, CMC City Clerk rnest G. Clark, 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 No. 2010-373 as passed and adopted by the City Council of the City of Waterloo, Iowa, on the 17th day of March 2010. Witness my hand and seal of office this 17th day of March 2010. SEAL lq T (7) e ley Felchl City Clerk 1 1111111111111111111111111111lii Doc ID: 009502250002 Type: GWH Kind: GROUND WATER Recorded: 03/12/2019AD atR01:03:08ENT PM Fee Amt: $0.00 Pape 1 of 2 Black Hawk County Iowa SANDIE L. SMITH RECORDER Fi1e99981—'0001158 0 REAL ESTATE TRANSFER - GROUNDWATER HAZARD STATEMENT TO BE COMPLETED BY TRANSFEROR TRANSFEROR: Name City of Waterloo, Iowa Address 715 Mulberry Street, Waterloo, Iowa 50703 Number and Street or RR TRANSFEREE: Name CJE Properties City. Town or P.0 State Zip Address P. 0. Box 2690 Iowa Number anti Sheet or RR Address of Property Transferred: Lot No. 15 in Block No. 1 in Number and Street or RR City, Iowa 52244 Waterloo, Black Hawk County, Legal Description of Property: (Attach if Lot No. 15 in Block No. 1 in Black Hawk County, Iowa. City, t own or N. U. State zip Shilliam's Subdivision in the City of City, town, or P.O. State up Iowa (lot formerly 738 Mobile, Waterloo, Iowa) necessary) Shilliam's Subdivision in the City of Waterloo, 1. Wells (check one) XThere 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) 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) There is no known hazardous waste on this property. ❑ 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) 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.) ❑ 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) XThere 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. Pd ate 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 budding 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: Signature: I HEREBY DECLARE THAT I HAVE REVIEWED THE INSTRUCTIONS FOR THIS FORM AND THAT THE INFORMATION STATED ABOVE IS TRUE AND CORRECT. David R.13.e. City Attorney FILE WITH RECORDER Telephone No.: (319 ) 3Z7 DNR form 542-0960 (July 18, 2012) �-�y- 1er. -75, ;fid TO: Matt Craft, Attorney Tel: 319-291-4000 614 Sycamore Fax: 319-291-3929 Waterloo, Iowa 50703 REPORT OF TITLE We furnish the following information of record in Black Hawk County, Iowa: ABSTRACT NO. 677854 LEGAL DESCRIPTION: Lot 15, Block 1, Shilliams Sub -Division in the City of Waterloo, Iowa PROPERTY ADDRESS: 738 Mobile Street, Waterloo, Iowa LAST GRANTEE, DEVISEE, OR HEIR OF RECORD: City of Waterloo, Iowa by Quit Claim Deed Doc. #2011-03649 dated 9/4/2009 filed 8/25/2010 from Gloria O'Neal, a single person UNRELEASED MORTGAGES AND ASSIGNMENTS: Refiled Mortgage Doc. #2011-06951 dated 9/2/2010 refiled 10/8/2010 Green Development Waterloo, LLC, by Charles A. Jones, Manager to MidWestOne Bank for $385,000.00; includes other real estate NOTE: This mortgage was previously filed 9/18/2010 in Doc. #2011- 05305 and was refiled to correct the legal description of real estate other than that above OUTSTANDING LAND CONTRACTS AND FIXTURE FILINGS: Development Agreement Doc. #2012-06670 dated 5/17/2010 filed 10/13/2011 CJE Properties, by Charles Jones and City Waterloo in re relocating 6 residential homes purchased from I.D.O.T. to city owned property; attached is list of properties which includes above real estate COURT PROCEEDINGS, JUDGMENTS AND TAX LIENS: None TAXES AND SPECIAL ASSESSMENTS: GENERAL TAXES for the year 2016 and prior years, paid. GENERAL TAXES for the year 2017, $0.00 First lie due 9/30/2018 - none Second i due 3/31/2019 - none PARCEL NO. 89-13-24-429-018 THIS REPORT IS NOT INTENDED TO BE USED FOR SALE OR TRANSFER. NO LIABILITY FOR ERRORS OR OMISSIONS WILL ACCRUE TO THE BENEFIT OF ANY OTHER PERSON, FIRM OR CORPORATION. NO REPORT IS MADE OF INSTRUMENTS OR PROCEEDINGS NOT WITHIN THE LISTED CATEGORIES. THIS REPORT IS NOT A GUARANTY OF TITLE, OR A STATEMENT AS TO THE LEGALITY OF SUFFICIENCY OF ANY INSTRUMENT OR PROCEEDING INSPECTED IN THE CHAIN OF TITLE TO THE ABOVE REAL ESTATE. Beginning January 1, 2013, a search has been made for mechanic's liens in the Mechanic's Notice and Lien Registry in the office of the Secretary of State of Iowa affecting the premises described above Certified to: February 19, 2019 at 8:00 A.M., Black Hawk County, Iowa. TGD #8126 BLACK HAWK COUNTY ABSTRACT & TITLE 614 Sycamore St. Waterloo, Iowa 50703 By: , President CITY OF WATERLOO, IOWA CITY ATTORNEY'S OFFICE 715 Mulberry Street • Waterloo, IA 50703 • (319) 291-4327 Fax (319) 291-4286 March 19, 2019 Mr. Matthew M. Craft Attorney at Law P. O. Box 810 Waterloo, Iowa 50704-0810 Re: Green Development/738 Mobile Dear Matt: Enclosed you will find a copy of the recorded Quit Claim Deed and Ground Water Hazard Statement for 738 Mobile. Should you have any questions, please advise. Sincerely, DAVID R. ZELLHOEFER DRZ:sda Enclosures CITY WEBSITE: www.cityofwaterlooiowa.com WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Dutton, Braun, Staack & Hellman, PIC. ATTORNEYS AT LAW David J. Dutton Michael A. McEnroe Cheryl L. Weber Steven K. Daniels John J. Hines James F. Kalkhoff James H. Cook** Chad A. Swanson **Also Admitted in Califomia Michael R. Young*** Erin P. Lyons Laura L. Folkerts Matthew M. Craft Joshua M. Moon Nathan J. Schroeder Erich D. Priebe Mary Rose Shelley ***Also Admitted in Illinois E-mail: craftm@wloolaw.com March 5, 2019 Dave Zellhoefer City Hall 715 Mulberry St. Waterloo, IA 50703 RE: Green Development Dear Dave: Enclosed please find lien reports for 738 Mobile Street, 316 Cottage Street, 807 Beech Street, 706 and 710 Cottage Street, and 828 N. Barclay Street. Please send me a copy of the development agreement both signed and unsigned that you have related to these properties. Finally, as you can see on 738 Mobile Street it appears that the City of Waterloo has not yet recorded the deed on the property to Green Development. If you would please do so, I would appreciate it, if that deed no longer exists please let me know and I am happy to prepare a new one if needed. I look forward to hearing from you. Very truly yours, DUTTON, BRAUN, STAACK & HELLMAN, P.L.C. Matthew M. Craft MMC:cc Enclosure 3151 Brockway Road P.O. Box 810 Waterloo, IA 50704 Tel: 319-234-4471 Fax: 319-234-8029 www.dbsh.com *372.13, ORGANIZATION OF CITY GOVERNMENT 2 of the special election and, where a primary election may be required, a nomination petition must be filed not less than fifty-three days before the date of the special election. (2) If there are concurrent vacancies on the council and the remaining council members do not constitute a quorum of the full membership, a special election shall be called by the county commissioner at the earliest practicable date. The remaining council members shall give notice to the county commissioner of the absence of a quorum. If there are no remaining council members, the city clerk shall give notice to the county commissioner of the absence of a council. If the office of city clerk is vacant, the city attorney shall give notice to the county commissioner of the absence of a clerk and a council. Notice of the need for a special election shall be given under this paragraph by the end of the following business day. 3. The council shall appoint a city clerk to maintain city records and perform other duties prescribed by state or city law. 4. Except as otherwise provided by state or city law, the council may appoint city officers and employees, and prescribe their powers, duties, compensation, and terms. The appointment of a city manager must be made on the basis of that individual's qualifications and not on the basis of political affiliation. 5. The council shall determine its own rules and maintain records of its proceedings. City records and documents, or accurate reproductions, shall be kept for at least five years except that: a. Ordinances, resolutions, council proceedings, records and documents, or accurate reproductions, relating to the issuance of public bonds or obligations shall be kept for at least eleven years following the final maturity of the bonds or obligations. Thereafter, such records, documents, and reproductions may be destroyed, preserving confidentiality as necessary. Records and documents pertaining to the transfer of ownership of bonds shall be kept as provided in section 76.10. b. Ordinances, resolutions, council proceedings, records and documents, or accurate reproductions, relating to real property transactions shall be maintained permanently. 6. Within fifteen days following a regular or special meeting of the council, the clerk shall cause the minutes of the proceedings of the council, including the total expenditure from each city fund, to be published in a newspaper of general circulation in the city. The publication shall include a list of all claims allowed and a summary of all receipts and shall show the gross amount of the claims. The list of claims allowed shall show the name of the person or firm making the claim, the reason for the claim, and the amount of the claim. If the reason for the claims is the same, two or more claims made by the same vendor, supplier, or claimant may be consolidated if the number of claims consolidated and the total consolidated claim amount are listed in the statement. However, the city shall provide at its office upon request an unconsolidated list of all claims allowed. Matters discussed in closed session pursuant to section 21.3 shall not be published until entered on the public minutes. However, in cities having more than one hundred fifty thousand population, the council shall each month print in pamphlet form a detailed itemized statement of all receipts and disbursements of the city, and a summary of its proceedings during the preceding month, and furnish copies to the city library, the daily newspapers of the city, and to persons who apply at the office of the city clerk, and the pamphlet shall constitute publication as required. Failure by the clerk to make publication is a simple misdemeanor. The provisions of this subsection are applicable in cities in which a newspaper is published, or in cities of two hundred population or over, but in all other cities, posting the statement in three public places in the city which have been permanently designated by ordinance is sufficient compliance with this subsection. 7. By ordinance, the council may divide the city into wards which shall be drawn according to the following standards: a. All ward boundaries shall follow precinct boundaries. b. Wards shall be as nearly equal as practicable to the ideal population determined by dividing the number of wards to be established into the population of the city. c. Wards shall be composed of contiguous territory as compact as practicable. d. Consideration shall not be given to the addresses of incumbent officeholders, political affiliations of registered voters, previous election results, or demographic information other Sat Dec 08 19:17:47 2018 Iowa Code 2019, Section 372.13 (12, 0) 1 ORGANIZATION OF CITY GOVERNMENT, §372.13 372.13 The council. 1. A majority of all council members is a quorum. 2. A vacancy in an elective city office during a term of office shall be filled, at the council's option, by one of the two following procedures: a. (1) By appointment by the remaining members of the council, except that if the remaining members do not constitute a quorum of the full membership, paragraph "b" shall be followed. The appointment shall be made within sixty days after the vacancy occurs and shall be for the period until the next regular city election described in section 376.1, unless there is an intervening special election for that city, in which event the election for the office shall be placed on the ballot at such special election. If the council fails to make an appointment within sixty days as required by this subsection, the city clerk shall give notice of the vacancy to the county commissioner and the county commissioner shall call a special election to fill the vacancy at the earliest practicable date but no fewer than thirty-two days after the notice is received by the county commissioner. (2) If the council chooses to proceed under this paragraph, it shall publish notice in the manner prescribed by section 362.3, stating that the council intends to fill the vacancy by appointment but that the electors of the city or ward, as the case may be, have the right to file a petition requiring that the vacancy be filled by a special election. The council may publish notice in advance if an elected official submits a resignation to take effect at a future date. The council may make an appointment to fill the vacancy after the notice is published or after the vacancy occurs, whichever is later. However, if within fourteen days after publication of the notice or within fourteen days after the appointment is made, there is filed with the city clerk a petition which requests a special election to fill the vacancy, an appointment to fill the vacancy is temporary and the council shall call a special election to fill the vacancy permanently, under paragraph "b". The number of signatures of eligible electors of a city for a valid petition shall be determined as follows: (a) For a city with a population of ten thousand or less, at least two hundred signatures or at least the number of signatures equal to fifteen percent of the voters who voted for candidates for the office at the preceding regular election at which the office was on the ballot, whichever number is fewer. (b) For a city with a population of more than ten thousand but not more than fifty thousand, at least one thousand signatures or at least the number of signatures equal to fifteen percent of the voters who voted for candidates for the office at the preceding regular election at which the office was on the ballot, whichever number is fewer. (c) For a city with a population of more than fifty thousand, at least two thousand signatures or at least the number of signatures equal to ten percent of the voters who voted for candidates for the office at the preceding regular election at which the office was on the ballot, whichever number is fewer. (d) The minimum number of signatures for a valid petition pursuant to subparagraph divisions (a) through (c) shall not be fewer than ten. In determining the minimum number of signatures required, if at the last preceding election more than one position was to be filled for the office in which the vacancy exists, the number of voters who voted for candidates for the office shall be determined by dividing the total number of votes cast for the office by the number of seats to be filled. b. (1) By a special election held to fill the office for the remaining balance of the unexpired term. If the council opts for a special election or a valid petition is filed under paragraph "a", the special election may be held concurrently with any pending election as provided by section 69.12 if by so doing the vacancy will be filled not more than ninety days after it occurs. Otherwise, a special election to fill the office shall be called by the council at the earliest practicable date. The council shall give the county commissioner at least thirty-two days' written notice of the date chosen for the special election. The council of a city where a primary election may be required shall give the county commissioner at least sixty days' written notice of the date chosen for the special election. A special election held under this subsection is subject to sections 376.4 through 376.11, but the dates for actions in relation to the special election shall be calculated with regard to the date for which the special election is called. However, a nomination petition must be filed not less than twenty-five days before the date Sat Dec 08 19:17:47 2018 Iowa Code 2019, Section 372.13 (12, 0) 3 ORGANIZATION OF CITY GOVERNMENT, §372.13 than population head counts, except as required by the Constitution and the laws of the United States. 8. By ordinance, the council shall prescribe the compensation of the mayor, council members, and other elected city officers, but a change in the compensation of the mayor does not become effective during the term in which the change is adopted, and the council shall not adopt an ordinance changing the compensation of the mayor, council members, or other elected officers during the months of November and December in the year of a regular city election. A change in the compensation of council members becomes effective for all council members at the beginning of the term of the council members elected at the election next following the change in compensation. Except as provided in section 362.5, an elected city officer is not entitled to receive any other compensation for any other city office or city employment during that officer's tenure in office, but may be reimbursed for actual expenses incurred. However, if the mayor pro tem performs the duties of the mayor during the mayor's absence or disability for a continuous period of fifteen days or more, the mayor pro tem may be paid for that period the compensation determined by the council, based upon the mayor pro tem's performance of the mayor's duties and upon the compensation of the mayor. 9. A council member, during the term for which that member is elected, is not eligible for appointment to any city office if the office has been created or the compensation of the office has been increased during the term for which that member is elected. A person who resigns from an elective office is not eligible for appointment to the same office during the time for which that person was elected if during that time, the compensation of the office has been increased. 10. A council member, during the term for which that member is elected, is not precluded from holding the office of chief of the volunteer fire department or from serving the volunteer fire department in any other position or capacity. A person holding the office of chief of such a volunteer fire department at the time of the person's election to the city council may continue to hold the office of chief of the fire department during the city council term for which that person was elected. 11. a. Council members shall be elected according to the council representation plans under sections 372.4 and 372.5. However, the council representation plan may be changed, by petition and election, to one of those described in this subsection. Upon receipt of a petition meeting the requirements of section 362.4, requesting a change to a council representation plan, the council shall submit the question at a special election. If a majority of the persons voting at the special election approves the changed plan, it becomes effective at the beginning of the term following the next regular city election. If a majority does not approve the changed plan, the council shall not submit another proposal to change a plan to the voters within the next two years. b. Eligible electors of a city may petition for one of the following council representation plans: (1) Election at large without ward residence requirements for the members. (2) Election at large but with equal -population ward residence requirements for the members. (3) Election from single -member, equal -population wards, in which the electors of each ward shall elect one member who must reside in that ward. (4) Election of a specified number of members at large and a specified number of members from single -member, equal -population wards. 1. [R60, *1081, 1093; C73, *511, 522; C97, *668; S13, *668; C24, 27, 31, 35, 39, *5663; C46, 50, *363.36; C54, 58, 62, 66, 71, 73, §368A.1(2); C75, 77, 79, 81, §372.13(1)] 2. [R60, *1101; C73, §514, 524; C97, §668; S13, *668; C24, 27, 31, 35, 39, §5663; C46, 50, *363.36; C54, 58, 62, 66, 71, 73, §368A.1(8); C75, 77, 79, 81, §372.13(2); 81 Acts, ch 34, §46] 3. [R60, *1082, 1093; C73, *512, 522; C97, *651, 659, 940; S13, *651; SS15, §1056-a26, 1056-b18; C24, 27, 31, 35, 39, *5633, 5640, 5663, 6528, 6651, 6703; C46, 50, §363.11, 363.19, 363.36, 416.52, 419.37, 420.13; C54, 58, 62, 66, 71, 73, §368A.1(1), 368A.3; C75, 77, 79, 81, *372.13(3)] 4. [R60, *1086, 1093, 1095, 1098, 1103, 1105, 1134; C73, §493, 515, 522, 524, 528, 532, 534; C97, *651, 657, 668, 676; S13, §651, 657, 668, 1056-a27, 1056-a28; SS15, §1056-a26, 1056-b14, Sat Dec 08 19:17:47 2018 Iowa Code 2019, Section 372.13 (12, 0) §372.13, ORGANIZATION OF CITY GOVERNMENT 4 1056-b17, 1056-b18; C24, 27, 31, 35, 39, §5638, 5663, 5671, 6519, 6528, 6529, 6533, 6651, 6666, 6674; C46, 50, §363.11, 363.17, 363.36, 363.45, 416.43, 416.52, 416.53, 416.57, 419.37, 419.52, 419.60; C54, 58, 62, 66, 71, 73, §363.40, 363A.4, 363B.11, 363C.4, 363C.9, 368A.1(7, 9, 10); C75, 77, 79, 81, §372.13(4)] 5, 6. [R60, §1082, 1093; C73, §512, 522; C97, §659, 668; S13, §668, 687-a; C24, 27, 31, 35, 39, §5640, 5663, 5722; C46, 50, §363.19, 363.33, 366.10; C54, 58, 62, 66, 71, 73, §368A.1(4), 368A.3; C75, 77, 79, 81, §372.13(5,6); 82 Acts, ch 1047, §1] 7. [R60, §1092; C73, §520; C97, §641; S13, §641; C24, 27, 31, 35, 39, §5626; C46, 50, §363.4; C54, 58, 62, 66, 71, 73, §363.7; C75, 77, 79, 81, §372.13(7)] 8. [R60, §1091, 1095, 1098; C73, §505, 519, 524, 528; C97, §669, 676, 943, 945; S13, §669, 1056-a28; SS 15, §1056-b9; C24, 27, 31, 35, 39, §5664, 5671, 6517, 6633, 6704, 6705; C46, 50, §363.38, 363.45, 416.41, 419.19, 420.14, 420.15; C54, 58, 62, 66, §363.39, 363A.4, 363B.9, 363C.2, 420.14, 420.15; C71, 73, §363.39, 363A.4, 363B.9, 363C.2, 363E.1, 420.14, 420.15; C75, 77, 79, 81, §372.13(8)] 9. [R60, §1091, 1122; C73, §490, 491, 519; C97, §668, 677; S13, §668; C24, 27, 31, 35, 39, §5672; C46, 50, §363.46, 420.17 - 420.19; C54, 58, 62, 66, 71, 73, §368A.21; C75, 77, 79, 81, §372.13(9)] 85 Acts, ch 107, §1; 87 Acts, ch 203, §3; 88 Acts, ch 1052, §1; 88 Acts, ch 1246, §4; 89 Acts, ch 39, §9; 89 Acts, ch 136, §71; 90 Acts, ch 1106, §1; 91 Acts, ch 256, §39; 93 Acts, ch 89, §2; 94 Acts, ch 1179, §24; 94 Acts, ch 1180, §54; 97 Acts, ch 170, §90; 2002 Acts, ch 1134, §104, 115; 2004 Acts, ch 1175, §249; 2006 Acts, ch 1018, §5; 2006 Acts, ch 1138, §2; 2007 Acts, ch 112, §4; 2008 Acts, ch 1115, §66, 71; 2009 Acts, ch 57, §91; 2014 Acts, ch 1101, §8; 2017 Acts, ch 29, §105; 2017 Acts, ch 102, §1 Referred to in §69.12, 372.4, 372.5, 372.10, 376.11, 420.41 Removal of appointees, see §372.15 Removal of officers, chapter 66 Sat Dec 08 19:17:47 2018 Iowa Code 2019, Section 372.13 (12, 0) Sande S,� R RC E LP hawk Co�__� E I � L,� � Ck . R derma DATE 3- Jo- /9 FROM 1-JaUf� R. •LeflhO 1°"'/ i�G'� I coo //y DOLLARS eSo1 � FOR RENT FOR i “i10y► CASH O CHECK O MONEY ORDER 0 CREDIT CARD ACCT. PAID )ei :W DUE FROM TO m A-1152 T-4161 Prepared by David R. Zellhoefer, City Attorney, 715 Mulberry, Waterloo, IA, 50703, telephone (319) 291-4327 TAX STATEMENT: For the consideration Dollar(s) and does hereby Quit CJE Properties, P.O. Box 2690, Iowa City, IA 52244 SPACE ABOVE THIS LINE FOR RECORDER QUIT CLAIM DEED of ($1.00) One and no/100 other valuable consideration, plus costs CITY OF WATERLOO, IOWA Claim to Green Development Waterloo LLC all our right, title, Black Hawk County, interest, estate, claim and demand in the following-described real estate in Iowa: (15) in Block No. One (1) in Shilliam's Subdivision to the City of Waterloo, Iowa; as 738 Mobile Street, Waterloo, Iowa. from Documentary Stamp and Declaration of Value per Iowa Code §428A.2(6) (2009). hereby relinquishes all rights of dower, homestead and distributive sharein and to the real estate. herein, including acknowledgment hereof, shall be construed as in the singular or plural number, and as masuline or to the context. March 12, 2019 CITY OF WATERLOO, IOWA Lot No. Fifteen Black Hawk County, known locally This transaction exempt Each of the undersigned Words and phrases feminine gender, according Dated: ATTEST: 46# di/ Quentin Hart, Mayor Kelley Felc STATROE tQWA,tJNTY 'On its . perseally a,eahed §ay.tkiat they.are foregoing.ir strttmentis of the..;cozporation Council Action Felchle, acknowledged deed of thecor. oration, ,,,-'1"' d° MCOMMISSICHELiLE MY ity Clerk i ( OF BLACK HAWK ) ss r'2 ,,day of March, 2019, before me, the undersigned, a Notary Public in and for the State of Iowa, Quentin Hart and Kelley Felchle, to me personally known, and who, being by me duly sworn, did the'Mayor and City Clerk, respectively, of the City of Waterloo, Iowa; that the seal affixed to the the corporate seal of the corporation, and that the instrument was signed and sealed on behalf by authority of its City Council as contained in the Resolution adopted by the City Council, under No. 131064 of the City Council on the l'7 ' day of May, 2010, and that Quentin Hart and Kelley the execution of the instrument to be their voluntary act and deed and the voluntary act and by it voluntarily executed. WESTRHNQ. IkL OMNI'158063 COMMISSI PIRES ! e_JC-<-14_, • (a).4), ./_// Nota Public in and for the State of Iowt. 1 REAL ESTATE TRANSFER - GROUNDWATER HAZARD STATEMENT TO BE COMPLETED BY TRANSFEROR TRANSFEROR: Name City of Waterloo, Iowa Address 715 Mulberry Street, Waterloo, Number and Street or RR TRANSFEREE: Name CJE Properties. Iowa 50703 City, Town or P.O. State Zip Address P. 0. Box 2690 Iowa City, Iowa 52244 t,dy, townor�.0. Number and Street or RR State Ltp Address of Property Transferred: Lot No. 15 in Block No. 1 in Shilliam's Subdivision in the City of Num.er and Street or Rk City, 1 own, er P.O. State Gp Waterloo, Black Hawk County, Iowa (lot formerly 738 Mobile, Waterloo, Iowa) Legal Description of Property: (Attach if necessary) Lot No. 15 in Block No. 1 in Shilliam's Subdivision in the City of Waterloo, Black Hawk County, Iowa. 1. Wells (check one) XThere are no known wells situated on this property. O 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) There is no known solid waste disposal site on this property. O 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) There is no known hazardous waste on this property. 0 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) 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.) ❑ 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) 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. Pri ate 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. O 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. O 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]: O 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: Signature: I HEREBY DECLARE THAT I HAVE REVIEWED THE INSTRUCTIONS FOR THIS FORM AND THAT THE INFORMATION STATED ABOVE IS TRUE AND CORRECT. (Transferor or Agent) David R. Zellhoefer, City Attorney FILE WITH RECORDER Telephone No.: (319 ) c 91- 13Z7 DNR form 542.0960 (July 18, 2012) Overview of Waterloo house reuse project for HWY 63 improvement project in Waterloo, Iowa The US Hwy 63 improvement project in the 1200 and 1700 blocks of Waterloo has resulted in the need to remove multiple single family houses. At a late stage of the property acquisition process, Jeremy Patterson House Movers, Inc. was brought in by the Highway 63 Gateway Community Development Corporation to discuss the possibilities for house relocations and rehabilitation for reuse. Jeremy Patterson and staff have visited the community multiple times to examine how a project could be put together to accomplish this goal. Meetings have been held with the city Planning, Housing and Building Departments office staff. Tours of the interiors of the prospective homes were arranged for the properties. Jeremy Patterson brought in a developer they are working with in other communities. CJE Properties has inspected the properties and has identified over a half dozen they would be interested in redeveloping. The city planning department staff have toured the moving company and developer around to inspect multiple city owned vacant lots. A development agreement between the redeveloper and the City of Waterloo is being put forward to the City Council and Mayor for approval to proceed as soon as possible. The timeline to remove the houses from the DOT project area is short. Partners in this project are; CJE Properties, Iowa City, IA; The CJE Properties development company is a company that specializes in redevelopment of historic and relocated housing. The company believes that reutilization of existing building stock is preferred to the demolition and new construction of housing. It has worked with Jeremy Patterson House Movers, Inc. to accomplish similar projects. Jeremy Patterson House Movers, Inc. is an Iowa based structural moving company from Washington, IA. The company principals have a combined experience of over 100 years in the moving business. The company is the largest Iowa structural moving company and second largest in the nation with crews in the gulf coast and the southern Atlantic coast. The project proposal is to move multiple homes to new city owned lots over a several day period in a row by the time the properties need cleared in order to meet the DOT project deadline. Highway 63 Gateway Community Development Corporation is a non-profit, community -focused organization that revitalizes distressed neighborhoods and encourages neighborhood sustainability. The CDC fulfills its mission by facilitating commercial and residential development through building rehabilitation, new construction, and in -fill development. The development corporation will work to facilitate the project through interfacing with the City as well as working to find financial incentives for the project developer. City of Waterloo — Departments of planning, housing and building. Council Communication City Council Meeting: May 3, 2010 Prepared: April 28, 2010 Dept. Head Signature: Noel Anderson, Community Planning & Development Director # of Attachments: SUBJECT: Development agreement by and between CJE Properties and the City of Waterloo to acquire and move seven (6) homes in the Hwy 63 project and to sell and convey seven (7) city owned lots for the placement of the six (6) homes. Submitted by: Noel Anderson, Community Planning & Development Director Recommended City Council Action: To approve development agreement with CJE Properties to acquire from the I.D.O.T. 1707 Logan, 1711 Logan, 1745 Logan, 1302 Logan, 1252 Logan, 1353 Logan for $1.00; and then to sell the same homes for $1.00 to CJE Properties. And to set a date of hearing for the sale of seven (7) city owned lots as described on Exhibit "A". Summary Statement: As apart of the Highway 63 Expansion Project, the Iowa Department of Transportation has purchased approximately 30 homes along the Logan Avenue. The homes were put out for bid but only one sold; the remaining properties will be demolished. However, City staff has been working with the Highway Community Development Corporation to try and develop a plan to move the homes to City owned lots in an effort to retain affordable housing and to put homes back on the tax roles. As a result, a developer has been identified and has agreed to work with the City to move the homes to City owned Lots. Being that the bid process has expired, the I.D.O.T. can only transfer property directly to the City and then the City can transfer to any willing developer to get the homes moved. It is staff's intention to offer $1.00 for each of the properties for a total of $6.00. Expenditure Required: $6.00 total bid amount for the homes Source of Funds: Planning: Department Budget -Land and Right of Way. Policy Issue: Affordable Housing Alternative: Not to acquire homes and the houses are demolished. Background Information: Council Communication City Council Meeting: April 5 Prepared: March 31, 2010 Dept. Head Signature. # of Attachments: SUBJECT: Acquisition of Property in the Highway 63 Expansion Project Submitted by: Noel Anderson Recommended City Council Action: To approve the acquisition of 1707 Logan, 1711 Logan, 1745 Logan, 1302 Logan, 1232 Logan, 1353 Logan all in the Highway 63 Expansion Project Area. Summary Statement: As apart of the Highway 63 Expansion Project, the Iowa Department of Transportation has purchased approximately 30 homes along the Logan Avenue. The homes were put out for bid but only one sold; the remaining properties will be demolished. However, City staff has been working with the Highway Community Development Corporation to try and develop a plan to move the homes to City owned lots in an effort to retain affordable housing and to put homes back on the tax roles. As a result, a developer has been identified and has agreed to work with the City to move the homes to City owned Lots. Being that the bid process has expired, the I.D.O.T. can only transfer property directly to the City and then the City can transfer to any willing developer to get the homes moved. It is staff's intention to offer $1.00 for each of the properties for a total of $6.00. However, for the property at 1302 Logan, the City would be required to provide a $5,000 performance bond. Expenditure Required: $5,600 56.00 total bid amount plus $5,000 Performance bond for Historic home at 1302 Logan. Source of Funds: Planning: Department Budget -Land and Right of Way. Policy Issue: Affordable Housing Alternative: Not to acquire homes and the houses are demolished. Background Information: Page 1 of 1 FOR THE LEGAL EFFECT OF THE USE OF THIS FORM, CONSULT YOUR LAWYER 1111111111111111111111 I I 1111111111111111111111111111111111 Doc ID 004235430001 Type GEN Kind: QUIT CLAIM DEED Recorded: 08/25/2010 at 03:05:47 PM Fee Amt: 814.00 Page 1 of 1 Revenue Tax: $0.00 Black Hawk County Iowa JUDITH A MCCARTHY RECORDER F11e2011-00003649 ,I= ox Ak - illit----Z. Prepared by aniet E. Walsh, Jr., City Attorney, 715 Mulberry, Waterloo, IA, 50703, telephone (319) 291-4327 TAX STATEMENT: City of Waterloo, N/A SPACE ABOVE THIS LINE FOR RECORDER QUIT CLAIM DEED For the consideration of ($1.00) One and no/100 Dollar(s) and other valuable consideration, plus costs Gloria O'Neal, a single person, does hereby convey to CITY OF WATERLOO, IOWA the following -described real estate in Black Hawk County, Iowa: Lot No. Fifteen (15) in Block No. One (1) in Shilliam's Subdivision to the City of Waterloo, Black Hawk County, Iowa; known locally as 738 Mobile Street, Waterloo, Iowa. This transaction exempt from Documentary Stamp and Declaration of Value per Iowa Code §428A.2(6) (2009). Each of the undersigned hereby relinquishes all rights of dower, homestead and distributive share in and to the described premises. Words and phrases herein, including acknowledgment hereof, shall be construed as in the singular or plural number, and as masculine or feminine gender, according to the context. Dated: September 2009 / .,.( .,./ i,-) /„.. .-, Page 1 of 1 Pfie-Paite-d STATE OF IOWA BLACK HAWK COUNTY I111111111111I 1111111111111 11a EMIR Doc ID: 004264140001 Type: GEN Kind: AFFIDAVIT Recorded: 09/24/2010 at 10:23:33 AM Fee Amt: $9.00 Page 1 of 1 Black Hawk County Iowa JUDITH A MCCARTHY RECORDER F11e2011_00005865 94144441 -- ss AFFIDAVIT "I, Gloria O'Neal, being first duly sworn upon oath depose and state the following: 1. That I am the contract purchaser of 738 Mobile Street, legally described as Lot 15, Block 1, Shilliam's Subdivision, Waterloo, Black Hawk County, Iowa. This real estate contract was dated October 31, 1989, and filed in Miscellaneous Book 288, page 55. 2. That I have paid this contract in full and I am entitled to a deed from the contract seller. However, the contract seller, Elizabeth Pulley, died March 7, 1991. No estate proceeding was initiated upon her death. 3. That I consider myself the holder of the record title to the real estate herein. I have held this title for more than ten years. I was entitled to a Warranty Deed upon completion of the contract, but did not receive one due to the death of the contract seller. 4. That at the time of the execution of this Affidavit, I resided in Waterloo, Black Hawk County, Iowa, and was a single person. loria Subscribed and sworn to before me, a Notary Public, this C.n.9,14J--, 2006. day of Notary Publi and for e State of Io>i+a.,_ ti Black Hawk County Detailed Parcel Report Page 1 of 3 BLACK HAWK COUNTY REAL ESTATE ASSESSMENT AND TAX INFORMATION Parcel ID Deed Holder ,Jax Mail to Address 8913-24-429-018 CITY OF WATERLOO 1, CITY OF WATERLOO 715 MULBERRY ST ATTN: FINANCE DEPARTMENT WATERLOO, IA 50703-0000 PDF No. • Map Area Contract Buyer 7 EWTLO-12 SALE TO/BY GOVERNMENT - 09/11 / Deed Property Address Current Recorded Transfer 738 MOBILE ST WATERLOO, IA 50703-0000 bate Drawn Date Filed Recorded Document Type 8/8/2006 9/24/2010 2011 005865 D SALES BUILDING PERMIT ate AmountNUTC / Type 'ate Number mount eason /4/2009 r1 1 SALE TO/BY GOVERNMENT - 09/11 / Deed 12/31/2013 A 10274 '0,000 ehab 11/8/2012 A 08258 ,600 . idin. 0/31/19892,500 Total TRANSFER TO/BY ESTATE - PRIOR 09 / Deed 11/8/2012 A 08313 1,025 IDeck/Patio ./30/2011 A 01771 35 000 ew Dwl• $0.00 ASSESSED VALUES/CREDITS Year Class 2018 100% Value Taxable Value Land Multi -Residential Land E Dwelling Building Total Acres 4,500 Land 4,500 0 Multi -Residential Land 18,330 Dwelling 0 22,830 Building 0 Total 0 18,330 0 22,830 Year Class 2017 E 100% Value Land Multi -Residential Land Dwelling Building Total Acres 4,500 0 18,330 0 22,830 0 Taxable Value Land Multi -Residential Land Dwelling Building Total 4,500 0 18,330 0 22,830 Year Class 2016 100% Value Taxable Value Land Multi -Residential Land E Dwelling Building Total Acres 4,500 Land 0 Multi -Residential Land 20,830 4,500 0 Dwelling 20,830 0 25,330 Building 0 0 Total 25,330 TAX INFORMATION ASSESSMENT YEAR 2017 PAYABLE 2018/2019 Tax District 941311 - WATERLOO LOGAN UR AMD1 TIF Gross Value Taxable Value Military Exemption Levy Rate Gross Tax Net Tax Corp 0 0 0 40.0843 $0.00 $0.00 Nocorp 0 0 0 0 $0.00 Homestead Credit Disabled Veteran Credit Property Tax Relief Credit Ag Credit Business Property Tax Credit Corp $0.00 $0.00 $0.00 $0.00 $0.00 Nocorp $0.00 http://www2.co.black-hawk.ia.us/website/bhmap/bhRepDet.asp?apn=891324429018 12/12/2018 Black.Hawk County Detailed Parcel Report LEGAL Page 2 of 3 ISHILLIAMS SUBDIVISION LOT 15 BLK 1 LAND Basis Front Rear Side 1 Side 2 Lot Area Acres Front Foot 60 60 140 140 0 8400 0.193 Totals: Full Foundation Floorin. 8400 0.193 DWELLING CHARACTERISTICS • e_ tit le otal Livin . Area DaIIAMI 11 WA WA A AIaittKru re 1 II I 1 Sto Frame 1172 ear Built rea eat C, ttic 1946 1172 es - None otal Rooms Above otal Rooms Below Bedrooms Above = edrooms Below 0 Basement casement Finished Area No Basement Floor Full Foundation Floorin. one ar. / Vin I Exterior Walls Interior Finish d La • Plas Roof ' s•h / Hi. Non -Base Floor/Wall Pi . eless andfired • . ace Heaters Heating . lumbin• 1 Full Bath Entry Status: Refused http://www2.co. black-hawk.ia.us/website/bhmap/bhRepDet.asp?apn=891324429018 12/12/2018 Black Hawk County Detailed Parcel Report Page 3 of 3 16 Date Website Last Updated: 12/7/2018 38 1S B FR (MAIN) [1172] 30 14 14 10 21 http://www2.co.black-hawk.ia.us/website/bhmap/bhRepDet.asp?apn=891324429018 12/12/2018 B1ackl-lawk County Property Photos There is 1 photo of parcel 891324429018. Page 1 of 1 http://www2.co.black-hawk.ia.us/website/bhmap/bhParlmages.asp?apn=891324429018&... 12/12/2018 File Edit View Favorites Tools Help t Apple © Bing z Google © Suggested Sites v a,'Neb Slice Gaoler • Yahoo D new world myFavorites l Community Development Permit Type I Permit Number ................. Service Address 738 mobile 0 =111 02 CI Permit Service LA Electrical - ELC-000454 1 Waterloo 891324429018 738 MOBILE ST LA Rental Unit - 2015-00006570 1 Waterloo 891324429018 738 MOBILE ST Rental Unit - 2018-00012075 1 Waterloo 891324429018 738 MOBILE ST Vacant Property - 2016-00007767 1 Waterloo 891324429018 738 MOBILE ST Wednesday, Dec 12, 2018 02:23 PM aintenance Rental Unit - 2018-00018075 City of Waterloo Status Permit Created 1210512018 Parcel Number 1Watertoo 891324429018 General Application Number Description Source Primary Owner CITY OF WATERLOO CITY OF WATERLOO Issued To Contractor Contact Email Phone Number EXT. Contractor JONES, CHARLES Other Party /Edi 72 Notes H Prin Address 738 MOBILE ST WATERLOO, IA 5071 Location Subdivision Lot Number 0015 Expires Printed Paid 1210612018 Estimated Improvement Value Current Property Value Improvement Square Footage Permit Amount $25.00