HomeMy WebLinkAbout2016-047-1/19/2016 3
Prepared by Suzy Schares, City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA
50703, (319)291-4323.
RESOLUTION NO. 2016-047
RESOLUTION DIRECTING PROCESS FOR THE SALE OF
CERTAIN TRACTS OF LAND FORMERLY PORTIONS OF
WEST SAN MAR NAN DRIVE AND FIXING THE TIME AND
PLACE OF HEARING AND NOTICE TO BE GIVEN ON THE
- SALE AND TAKING OF BIDS FOR SAID PROPERTY, AS
MARCH 28, 2016, AT 5:30 P.M. IN HAROLD E GETTY
COUNCIL CHAMBERS, CITY HALL, WATERLOO, IOWA,
AND INSTRUCTING THE CITY CLERK TO PUBLISH AND
MAIL NOTICE OF HEARING AND TAKING OF BIDS.
WHEREAS, the City has previously attempted to sell and convey certain portions of right
of way formerly being portions of West San Marnan Drive; and
WHEREAS, the Iowa Supreme Court has declared that the City did not use the proper
procedure in conveying said property; and
WHEREAS, on July 7, 2014, the Iowa District Court enjoined the City "from selling or
transferring the.portions of land which were formerly part of West San Mannan Drive "without
_ _
following the procedures prescribed in Iowa Code Section 306.23;" and
WHEREAS, the City now wishes to sell the following described tracts (which are subject
to the injunction) in accord with Iowa Code Section 306.23;
Tract 1:
That part of the Southwest Quarter of Section 5, Township 88 North, Range 13
West of the Fifth P.M., Black Hawk County, Iowa, described as follows:
Commencing at the Southwest corner of said Southwest Quarter; thence
N89049'35" E 1166.63 feet along the South line of said Southwest Quarter to the
point of beginning; thence N2°21'21" W 21.34 feet to the former North right-of-
way line of West San Mannan Drive (formerly Primary Road No. 412); thence
N87038'39'E 1487.92 feet along said former right-of-way to the East line of said
Southwest Quarter; thence SO°09'45" E 77.99 feet to the Southeast corner of said
a Southwest Quarter; thence S89°49'35" W 1486.01 feet along the South line of
said Southwest Quarter to the point of beginning, containing 1.695 acres.
Tract 2:
That part of the Southeast Quarter of Section 5, Township 88 North, Range 13
West oftheFifth P.M., Black Hawk County, Iowa, described as follows:
Beginning at the Southwest corner of said Southeast Quarter; thence NO°09'06"W
77.99 feet to the former North right-of-way line of West San Mannan Drive
(formerly Primary Road No. 412); thence N0027'1 1"E 1641.43 feet along said
Resolution 2016-047
Page 2
former right-of-way; thence S2°32'49"E 100.76 feet; thence Southwesterly 37.81
feet along a 570.00 foot radius curve, concave Southerly, said curve having a
chord of 37.81 feet and bearing S67°34'44"W; thence Southwesterly 99.21 feet
along a 5 10.00 foot radius curve, concave Northerly, said curve having a chord of
99.05 feet and bearing S71"15'04"W, to the South line of said Southeast Quarter;
thence S89°50'54"W 1515.34 feet along the South line of said Southeast Quarter
to the point of beginning, containing 4.175 acres.
Tract 3:
That part of the Northwest Quarter of Section 8, Township 88 North, Range 13
West of the Fifth P.M., Black Hawk County, Iowa, described as follows:
Commencing at the Northwest corner of said Northwest Quarter; thence
N89049'35"E 1166.63" feet along the North line of said Northwest Quarter to the
point of beginning; thence N89°49'35"E 1486.01 feet along the North line of said
Northwest Quarter to the Northeast corner of said Northwest Quarter; thence
S0009'45"E 52.11 feet; thence S87°38'39"W 1268.30 feet; thence Westerly
135.88 feet along a 480 foot radius curve, concave Northerly, said curve having a
chord of 135.43 feet and bearing N84°14'46"W; thence Westerly 82.40 feet along
a 540.00 foot radius curve, concave Southerly, said curve having a chord of 82.32
feet and bearing N80030'28"W; thence N2021'21"W 72.65 feet to the point of
beginning, containing 2.666 acres.
Tract 4:
That part of the Northeast Quarter of Section 8, Township 88 North, Range 13
West of the Fifth P.M., Black Hawk County, Iowa, described as follows:
Beginning at the Northwest corner of said Northeast Quarter; thence
N89050'54"E 1515.34 feet along the North line of said Northeast Quarter; thence
Southwesterly 94.61 feet along a 510.00 foot radius curve, concave Northerly,
said curve having a chord of 94.48 feet and bearing S82°08'18"W; thence
S87°27'11"W 477.10 feet; thence S88°39'59"W 945.22 feet; thence NO°09'45"W
52.11 feet to the point of beginning, containing 1.184 acres.
and
WHEREAS; the City has now obtained an independent appraisal of each tract from Rally
Appraisal, L.L.C. as follows:
Tract 1. $318,248
Tract 2 $500,561
Tract 3. $783,886
Tract 4. $222,305
and
WHEREAS, present owners and original owners (except those who are deceased) have
been identified by staff,
NOW THEREFORE BE IT RESOLVED by the City Council of the City of Waterloo,
Iowa, that:
Section 1. It is directed that the above-described tracts of land be offered for sale in
accord with Iowa Code Section 306.23.
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Resolution 2016-047
Page 3 ti...
Section 2. City staff is directed to prepare in accord with Iowa Code Section 306.23
notices to be mailed by certified mail to such persons as are entitled to notice,, and to publish
such notices, staff shall also prepare a sealed Offer'to-Buy form.
All bids shall be due on March 24, 2016 at 1:00 p.m. in the offices of the City Clerk upon such
sealed bid form as staff shall prepare, at which time bids will be opened in the First Floor
Conference Room at City Hall, 715 Mulberry Street.
Section 3. All bids received shall' be considered by the Council at a hearing at-its
regular meeting of March 28, 2016. The City Clerk is instructed to publish notice of hearing in
compliance with Iowa Code Section 364.7 prior to the regular Council meeting of March 28,
2016.
Section 4. That the Council of the City of Waterloo, Iowa, shall meet in the Harold
E. Getty Council Chambers, City Hall, in the City of Waterloo, Iowa, at 5:30 p.m. on the 28th
day of March, 2016, for the purpose of holding a public hearing on the sale of certain tracts of
land formerly portions of West San Marnan Drive, in the City of Waterloo, with the taking of
bids therefore.
PASSED AND ADOPTED this 19th day of January, 2016.
v
f
i Quentin Hart, Mayor
ATTEST: )'
Suzy Sch res, CMC
City Cler
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