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HomeMy WebLinkAbout2009-199-03/09/2009 This Resolution prepared by Nancy Eckert, City Clerk, 715 Mulberry Street, Waterloo, Iowa. RESOLUTION NO. 2009-199 RESOLUTION APPROVING AND ACCEPTING CERTAIN PARTIAL ACQUISITION CONTRACT TO SELL REAL PROPERTY TO THE CITY AND ACCEPTING AND APPROVING CERTAIN DEED. WHEREAS, the City of Waterloo, Iowa, has had the parcel described herein appraised and the fair market value ascertained, and WHEREAS, the acquisition of the hereinafter described parcel is necessary to carry out the Westfield Avenue Floodgate Closure Project . NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, that the contract for the parcel hereinafter described to sell the same to the City of Waterloo, Iowa, all of which is situated in the City of Waterloo, Black Hawk County, Iowa, is accepted and approved and the Mayor and City Clerk are authorized and directed to execute the same in behalf of the City and to execute all instruments necessary to consummate the agreement to purchase the property from the owner thereof, and the deed for the conveyance of the same is also accepted and approved and the City of Waterloo is directed to pay for the property and the incidental expenses necessary to the consummation of the sale from City funds . The subject parcel is : Owner: Deere and Company Parcel No. : 8913-23-301-004 Partial Acquisition: $1 . 00 County Auditor' s Parcel "B" of the Southeast Quarter of Section 22 , Township 89 North, Range 13 West of the Fifth Principal Meridian, in the City of Waterloo, Black Hawk County, State of Iowa, and being more particularly described as follows : Commencing at the Southeast Corner of said Section 22 ; thence North O1°11' 40" West 630 . 88 feet along the East line of Section 22 to a point that is 1, 998 . 49 feet South of the East 1/ Corner of Section 22 ; thence South 88°48 ' 20" West along a line that is perpendicular to the East line of Section 22, 64 . 40 feet to the angle point at Station 6+86 . 3F of the Baseline of the Black Hawk Creek Flood Control Levee as described in Deed Book 517 , Page 983 of the Records of Black Hawk County, Iowa; thence North 02°35 ' 10" East 63 . 70 feet along said Baseline to Station 7+50 . OF; thence South 87°24 ' 50" East perpendicular to said Baseline, 70 . 00 feet to an angle point on the East line of Parcel 4 as described in Deed Book 517 at Page 983 of the Records of Black Hawk County and the Point of Beginning; Thence South 47°21' 17" West 162 . 49 feet along a Southeasterly line of said Parcel 4 to the Northeasterly Right-of-Way line of the former Waterloo Railroad that is 5 feet Southeasterly of said Baseline, thence continuing South 47°21 ' 17" West 41 . 26 feet to the Southeasterly Right-of-Way line of the former Waterloo Railroad; thence Southeasterly along said - C r7 C . Cu C. c T Resolution No. 2009-199 Page 2 • n ` • 0 Southeasterly Right-of-Way line 76 . 95 feet along a m F- < : curve with radius of 448 . 00 feet, concave Southwesterly CD C-2 E- ` (long chord: South 52°33 ' 55" West 76 . 86 feet) , to its s — intersection with a line 80 . 0 feet normally distant c s Southeasterly of the aforesaid Baseline, said intersection being the Northeasterly corner of Parcel 3 s -sir-17- as described in Deed Book 517 at Page 983 of the o m ~ ,., Records of Black Hawk County; thence North 25°40 ' 49" East 205 . 00 feet to the point of beginning containing (71 0 . 175 acres (7, 628 . 9 square feet) , subject to easements c s and restrictions of record, all in the City of c, Waterloo, Black Hawk County, Iowa; n c be and the same is hereby approved and accepted. PASSED AND ADOPTED this 9th day of March, 2009, and approved `by the Mayor on the 11th day of March, 2009 . < m Tim Hurley, Ma .1 ATTEST: Nancy Ec rt, CMC City Cle