HomeMy WebLinkAbout2016-102-2/8/2016 Prepared by Kelley Felchle, Deputy City Clerk, City of Waterloo,
715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323 .
RESOLUTION NO. 2016-102
RESOLUTION APPROVING AND ACCEPTING CERTAIN
ACQUISITION CONTRACT AND ACCEPTING CERTAIN
DEEDS; TO SELL REAL PROPERTY TO THE CITY OF
WATERLOO FOR THE ACQUISITION OF NEEDED
PROPERTY FOR DELANE CREEK DRAINAGE
IMPROVEMENTS, AND ACCEPT A TEMPORARY EASEMENT
FROM S4W, LLC FOR $72, 225 . 66 ($71, 394 . 84 FEE
TITLE ACQUISITION,, $830 . 82 TEMPORARY
EASEMENT) LOCATED ADJACENT TO 1040-1138
PATRICK COURT.
WHEREAS, the City of Waterloo, Iowa, has had the parcels
described herein appraised and the fair market value ascertained,
and
WHEREAS, the acquisition of the hereinafter described
parcels and easement agreements are in conjunction with the
Delane Creek Drainage Improvements located adjacent to 1040-1138
Patrick Court.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF WATERLOO, IOWA, that the contract for the parcels
hereinafter described to sell the same to, and enter into
permanent easement agreements and temporary easement agreements
with the City of Waterloo, Iowa all of which are situated in the
City of Waterloo, Black Hawk County, Iowa, are accepted and
approved and the Mayor and City Clerk are authorized and directed
to execute the same on behalf of the City and to execute all
instruments necessary to consummate the agreements to purchase
the property from the owner thereof, and the deeds for the
conveyance of the same are also accepted and approved and the
City of Waterloo is directed to pay for the properties from City
funds .
The- subject properties are:
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Owner: S4W, LLC
Fee acquisition: $71, 394 . 84
Temporary easement: $830 .,82
FEE SIMPLE TITLE GRANTED TO LAND DESCRIBED AS FOLLOWS :
A PARCEL OF LAND WITHIN THE NORTH 175 . 15 FEET OF THE
SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER (SE 1-4 SE !,-4) OF
SECTION THIRTY-THREE (33) , TOWNSHIP EIGHTY-NINE (89) NORTH,
RANGE THIRTEEN (13) WEST OF THE FIFTH PRINCIPAL MERIDIAN,
BLACK HAWK COUNTY, IOWA, SAID PARCEL BEING SHOWN ON
ACQUISITION PLAT EXHIBIT -A" (SHEET 1 OF 1) ATTACHED HERETO
AND BY REFERENCE MADE A PART HEREOF, MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SAID SOUTHEAST QUARTER
OF THE SOUTHEAST QUARTER (SE'-4 SES) ; THENCE NORTH 89011' 23"
EAST (EAST-RECORD) ALONG THE NORTH LINE OF SAID SOUTHEAST
QUARTER OF THE SOUTHEAST QUARTER (SE's SE's) A DISTANCE OF
339 . 83 FEET; THENCE SOUTH 00048' 00" EAST, 2 . 00 FEET TO A
LINE 2 . 00 FEET (2 . 00 FEET-RECORD) SOUTH OF AND PARALLEL WITH
SAID NORTH LINE; THENCE SOUTH 89011123" WEST (WEST-RECORD)
ALONG SAID LINE 2 . 00 FEET (2 . 00 FEET-RECORD) SOUTH OF AND
PARALLEL WITH SAID NORTH LINE 63 . 18 FEET (63 . 25 FEET-
,
Resolution 2016-102
Page 2
RECORD) ; THENCE SOUTH 0°48' 00" EAST, 173 . 15 FEET (SOUTH,
173 . 21 FEET-RECORD) TO THE SOUTH LINE OF THE NORTH 175 . 15
FEET OF SAID SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER (SE1-4
SE's) ; THENCE SOUTH 89°11' 23" WEST (NORTH 89°59' 15" WEST-
RECORD) ALONG SAID SOUTH LINE 273 . 11 FEET (273 . 25 FEET-
RECORD) TO THE WEST LINE OF SAID SOUTHEAST QUARTER OF THE
SOUTHEAST QUARTER (SE'-4 SEI--4) ; THENCE NORTH 01057' 25" WEST
(NORTH 01006' WEST-RECORD) ALONG SAID WEST 175 . 19 FEET
(175 . 19' FEET-RECORD) TO THE POINT OF BEGINNING, CONTAINING
1 . 11 ACRES, MORE OR LESS .
BASIS OF BEARING: THE WEST LINE OF SAID SOUTHEAST QUARTERfOF
THE SOUTHEAST QUARTER (SE k4 SE 1-4) IS ASSUMED TO BEAR SOUTH
01057' 25" EAST.
THE TEMPORARY CONSTRUCTION EASEMENT GRANTED TO LAND
DESCRIBED AS FOLLOWS:
A PARCEL "OF LAND WITHIN THE NORTH 175 . 15 FEET OF THE
SOUTHEAST QUARTER OF THE SOUTHEAST. QUARTER (SEI/4 SE1/4) OF
SECTION THIRTY-THREE (33) , TOWNSHIP EIGHTY-NINE (89) NORTH,
RANGE THIRTEEN (13) WEST OF THE FIFTH PRINCIPAL MERIDIAN,
BLACK HAWK COUNTY, IOWA, SAID PARCEL BEING SHOWN ON
ACQUISITION PLAT EXHIBIT "A" (SHEET 1 OF 1) ATTACHED HERETO
AND BY REFERENCE MADE A PART HEREOF, MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF A PLAT OF SURVEY OF
PART OF THE WEST 15 ACRES OF THE NORTHEAST QUARTER OF THE
SOUTHEAST QUARTER (NE1/4 SE1/4) AND PART OF THE EAST 5 ACRES
OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER (NW1/4
SE1/4) OF SECTION THIRTY-THREE (33) , TOWNSHIP EIGHTY-NINE
(89) NORTH,k RANGE THIRTEEN (13) WEST OF THE 5" PRINCIPAL
MERIDIAN, WATERLOO, BLACK HAWK COUNTY, IOWA, SAID PLAT OF
SURVEY RECORDED IN FILE 2013-00010947 IN THE OFFICE OF THE
BLACK HAWK COUNTY RECORDER; THENCE SOUTH 53047154" WEST,
75 . 11 FEET; THENCE SOUTH 89°11' 23" WEST, 97 . 57 FEET TO THE
EAST LINE OF A TRACT OF LAND RECORDED LAND DEED BOOK 571,
PAGES 905-906; THENCE NORTH 00048100" WEST (NORTH-RECORD)
ALONG SAID EAST LINE 43 . 50 FEET TO THE NORTH LINE OF SAID
SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER (SE1/4 SE1/4) ;
THENCE NORTH 89011' 23" EAST (EAST-RECORD) 158 . 80 FEET TO THE
POINT OF BEGINNING, CONTAINING 5, 576 SQUARE FEET, MORE OR
LESS .
BASIS OF BEARING: THE NORTH LINE OF SAID SOUTHEAST QUARTER
OF THE SOUTHEAST QUARTER (SE1/4 SE1/4) IS ASSUMED TO BEAR
NORTH 89011' 23" EAST (EAST-RECORD) .
PASSED AND ADOPTED this 8th day of February 2016.
Quentin Hart, Mayor
ATTEST:`t1
e ey F1 hle
Deputy City Clerk
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Prepared by:Tim Andera,City of Waterloo 715 Mulberry,Street.,Waterloo-IA 50703 (319)2914366
TEMPORARY EASEMENT AGREEMENT
PARCEL 185
For consideration received, the'undersigned does,hereby grant and convey unto the City of Waterloo,
Iowa, a tempoaraty easement across the followingdescribed property in the City of Waterloo, Black
Hawk County,State of lowa;
4
See affac%ed Exhibit
for the purpose of drainage improvements related to the Delane Creek Drainage Basin,'together with a
right of ingress and egress thereon. ,
For ,LLC
Its:
State of
i4iVk" _County ss.
Acknowledged before me on by
as 4444for,S4W, LLC
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[Seal]
Notary ublic
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COUNTY BLACK HAWK .4- STATE CONTROL NO.
PROJECT NO. PARCEL NO., 185
SECTION 33 TOWNSHIP 89N _ > RANGE 13W
FEE 1.11 AC. PERM. EASE. TEMP. EASE.
City of Waterloo
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Prepared by:Jeffrey B Hutton,P.LS.,Great Plains Survey,Inc.407 Sycamore S£..Ia Porte City,1A 50651,Ph,(319)34Y4774
THE FEE SIMPLE TITLE GRANTED IS TO LAND DESCRIBED AS
FOLLOWS:
A parcel of land within the north 175.15 feet of the Southeast Quarter of the Southeast
Quarter(SEI/4 SE1/4)of Section Thirty-three(33),Township Eighty-nine(89)North,
Range Thirteen(13)West of the Fifth Principal Meridian,Black Hawk County,Iowa,
said parcel being shown on Acquisition Plat Exhibit"A"(Sheet I of 1)attached hereto
and by reference made a part hereof,more particularly described as follows:
Beginning at the northwest corner of said Southeast Quarter of the Southeast
Quarter(SEI/4 SE1/4);thence North 89°11'23''East(East-Record)along the
north line of said Southeast Quarter of the Southeast Quarter(SEI/4 SE1/4)a
distance of 339.83 feet;thence South 00°48'00"East,2.00 feet to a line 2.00 feet
(2.00 feet-Record)south of and parallel with said north line;thence South
89111'23"West(West-Record)along said line 2.00 feet(2.00 feet-Record)south
of and parallel with said north line 63.18 feet(63.25 feet-Record);thence South
0°48'00"East, 173.15 feet(South, 173.21 feet-Record)to the south line of the
north 175.15 feet of said Southeast Quarter of the Southeast Quarter(SEI/4
SEI/4);thence South 89°11'23"West(North 89°59'15"West-Record)along said
south line 273.11 feet(273.251feet-Record)to the west line of said Southeast
Quarter of the Southeast Quarter(SEI/4 SE114);thence North 01'57'25"West
(North 01°O6'West-Record)along said west 175.19 feet(175.19 feet-Record)to
the Point of Beginning,containing 1.11 acres,more or less.
Basis of Bearing: The west line of said Southeast Quarter of the Southeast Quarter
(SEl/4 SEI/4)is assumed to bear South 01'57'25"East.
Delane Drainage Basin
Waterloo,Iowa
Parcel 185
Date:March 7,2014
0:\141000\Cad\Plats\l.egals\cs-legal Parcel 185_ACQ.docx Page 1 of I
TEMPORARY CONSTRUCTION EASEMENT
o EXHIBIT "A" 1 OF 1
COUNTY- BLACK HAWK STATE CONTROL NO.
III c PROJECT NO. PARCEL NO. 185
SECTION 33 TOWNSHIP 89N RANGE 13W
FEE PERM. EASE. TEMP. EASE. 5.576 S.F.
City of Waterloo
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.. Prepared by:Jeffrey R.Hutton,P.L.S.,Great Plains Survey,Inc.407 Sycamore St.,La Pone City,IA 50651,Ph.(319)34211774
THE TEMPORARY CONSTRUCTION EASEMENT GRANTED IS TO LAND
DESCRIBED AS FOLLOWS:
A parcel of land within the north 175.15 feet of the Southeast Quarter of the Southeast
Quarter(SEI/4 SEI/4)of Section Thirty-three(33),Township Eighty-nine(89)North,
Range Thirteen(13)West of the Fifth Principal Meridian,Black Hawk'County,Iowa,
said parcel being shown on Acquisition Plat Exhibit"A"(Sheet 1 of 1)attached hereto
and by reference made a part hereof,more particularly described as follows:
Beginning at the southeast corner of a Plat of Survey of Part of the West 15 Acres
of the Northeast Quarter of the Southeast Quarter(NE1/4 SE1/4)and Part of the
East 5 Acres of the Northwest Quarter of the Southeast Quarter(NW 1/4 SEI/4)of
Section'Thirty-three(33),Township Eighty-nine(89)North,Range Thirteen(13)
West of the 5t"Principal Meridian,Waterloo,Black Hawk County,Iowa,said Plat
of Survey recorded in File 2013-00010947 in the office of the Black Hawk
County'Recorder;thence South 53147'54"West,75.11 feet;thence South
89.11'23"West,97.57 feet to the east line of a tract of land recorded Land Deed
Book 571,Pages 905=906;thence North 00°48'00"West(North-Record)along
" said east line 43.50 feet to the north line of said Southeast Quarter of the - `
Southeast Quarter(SEI/4 SEI/4);thence North 89°11'23"East(East-Record)
158.80 feet to the Point of Beginning,containing 5,576 square feet,more or less.
Basis of Bearing--The north line of said Southeast Quarter of the Southeast Quarter
(SEI/4 SEI/4)is assumed to bear North'89°l1'23"East(East-Record).
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Delane Drainage Basin ;
Waterloo,Iowa {`
Parcel 185.
Date:March 7,2014
0:\141000\Cad\Plfts\Legals\es-legal Parcel185_TE.docx Page 1 of 1
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