HomeMy WebLinkAboutPersonified, Inc. - Dev Agmnt (326 W 17th) - 7.13.20Preparer: Christopher S. Wendland, P.O. Box 596, Waterloo, Iowa 50704 (319) 234-5701
After recording, return to Community Planning & Development, 715 Mulberry Street, Waterloo, IA 50703.
DEVELOPMENT AGREEMENT
This Development Agreement (the "Agreement") is entered into as of
July 13, , 2020, by and between Personified, Inc. ("Company"), and the City
of Waterloo, lowa ("City").
RECITALS
A. In furtherance of the objectives of Chapter 403 of the Code of Iowa, 2015,
as amended (the "Urban Renewal Act"), City is engaged in carrying out
urban renewal project activities in an area known as the Rath Urban
Renewal and Redevelopment Plan Area ("Urban Renewal Area").
B. Company is willing and able to finance and construct certain
improvements on property located in the Urban Renewal Area.
C. City considers economic development within the City a benefit to the
community and is willing for the overall good and welfare of the community
to provide financial incentives so as to encourage that goal. City believes
that the development of the Property (defined below) is in the vital and
best interests of the City and in accordance with the public purposes and
provisions of the applicable State and local laws and requirements under
which the project has been undertaken and is being assisted.
AGREEMENT
NOW, THEREFORE, in consideration of the mutual covenants set forth herein,
the parties agree as follows:
1. Sale of Property; Title. Subject to the terms hereof, City shall convey to
Company for the sum of $1.00 (the "Purchase Price") the real property described on
Exhibit "A" attached hereto (the "Property"). Conveyance shall be by quit claim deed,
free and clear of all encumbrances arising by or through City except: (a) easements,
servitudes, conditions and restrictions of record; (b) current and future real estate real
property taxes and assessments subject to the agreements made herein; (c) general
utility and right-of-way easements serving the Property; and (d) restrictions imposed by
the City zoning ordinances and other applicable law. Company may at its own
expense, obtain whatever form of title evidence it desires. If title is unmarketable or
subject to matters not acceptable to Company, and if City does not remedy or remove
such objectionable matters in timely fashion following written notice of such objections
from Company, Company may terminate this Agreement. City shall provide any title
documents it has in its possession, including any abstracts, to assist in title review.
2. Improvements by Company. Company shall construct on the Property
certain vehicle area improvements, including (a) an asphalt overlay of approximately
6,700 square feet, (b) milling, reshaping and compacting of an additional 5,000 square
feet, and (c) adding and compacting six inches of roadbase material in the area
adjacent to the railroad bed, as further described on Exhibit "B" attached hereto
(collectively, the "Improvements"). The Improvements shall be constructed in
accordance with the terms of this Agreement, the Urban Renewal Plan, all applicable
City, state, and federal building codes and shall comply with all applicable City
ordinances and other applicable law. Company shall use its best efforts to obtain, or
cause to be obtained, in a timely manner, all required permits, licenses and approvals,
and will meet, in a timely manner, all requirements of all applicable local, state and
federal laws and regulations which must be obtained or met before the Improvements
may be lawfully constructed, including but not limited to storm water requirements. The
Property, the Improvements, and all site preparation and development -related work to
make the Property usable for Company's purposes as contemplated by this Agreement
are collectively referred to as the "Project'.
3. Timeliness of Construction; Possibility of Reverter. The parties agree
that Company's commitment to cause the Project to be undertaken and to construct the
Improvements in a timely manner constitutes a material inducement for the City to
extend the development incentives provided for in this Agreement, including but not
limited to its commitment to convey the Property to Company, and that without said
commitment City would not have done so. Subject to Unavoidable Delays (defined
below), Company must complete the Improvements within six (6) months after the date
of this Agreement (the "Project Completion Date").
If Company has not begun construction of the Improvements with four (4)
months after the date of this Agreement, City may terminate this Agreement as set forth
in Section 14, title to the Property shall revert to City, and City shall have no further
obligation hereunder. If construction has not begun within the required period but
development of the Project is still imminent, the City Council may, but shall not be
required to, grant an extension of the Project Completion Date. If construction has
commenced within the required period or any extended period and is stopped and/or
delayed as a result of an act of God, war, civil disturbance, court order, labor dispute,
fire, or other cause beyond the reasonable control of Company (each of the foregoing is
an "Unavoidable Delay"), then time lost as a result of Unavoidable Delays shall be
added to extend the Project Completion Date by a number of days equal to the number
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of days lost as a result of Unavoidable Delays, and thereafter if construction is not
completed within the allowed period of extension, City may terminate this Agreement as
set forth in Section 14, title to the Property shall revert to City, and City shall have no
further obligation hereunder.
4. Reverter of Title; Indemnity. In the event of any reverter of title,
Company agrees that it shall, at its own expense, promptly execute all documents,
including but not limited to a special warranty deed, or take such other actions as the
City may reasonably request to effectuate said reverter and to deliver to City title to the
Property that is free and clear of any lien, claim, charge, security interest, mortgage or
encumbrance (collectively, "Liens") arising by or through Company. Company shall pay
in full, so as to discharge or satisfy, all Liens on or against the Property. Appointment
of Attorney in Fact: If Company fails to deliver such documents, including but not
limited to a special warranty deed, to City within thirty (30) days after written demand by
City, then City shall be authorized to execute, on Company's behalf and as its attorney -
in -fact, the special warranty deed required by this Section, and for such limited purpose
Company does hereby constitute and appoint City as its attorney -in -fact
Company further agrees that it shall indemnify City and hold it harmless
with respect to any demand, claim, cause of action, damage, cost expense, liability or
injury made, suffered, or incurred as a result of or in connection with the Project, or
Company's failure to carry on or complete same, or any Lien or Liens on or against the
Property of any type or nature whatsoever that attaches to the Property by virtue of
Company's ownership of same. If City files suit to enforce the terms of this Agreement
and prevails in such suit then Company shall be liable for all legal expenses, including
but not limited to reasonable attorneys' fees, incurred by City. Company's duties of
indemnity pursuant to this Section shall survive the expiration, termination or
cancellation of this Agreement for any reason.
5. Reserved.
6. Additional City Assistance. The incentives described in the following
paragraphs of this Section 6 are in addition to the other Project incentives extended by
City to Company hereunder.
A. Property Vacate. The parties acknowledge that the Property
consists of former street right of way. City agrees to take all actions
necessary to vacate the Property within sixty (60) days after the city
council's approval of this Agreement.
B. Access. Pursuant to the terms of a separate early access
agreement to be entered into concurrently herewith, City will allow
Company, its employees, agents and contractors, access to the
Property before closing.
7. No Encumbrances. Until completion of the Improvements, Company
agrees that it shall not create, incur, or suffer to exist any Liens on the Property.
Company may not mortgage the Property or any part thereof for any purpose.
8. No Assignment or Conveyance. Company agrees that it will not sell,
convey, assign or otherwise transfer its interest in the Property prior to completion of the
Project, whether in whole or in part, to any other person or entity without the prior
written consent of City. Reasonable grounds for the City to withhold its consent shall
include but are not limited to the inability of the proposed transferee to demonstrate to
the City's satisfaction that it has the financial ability to observe all of the terms to be
performed by Company under this Agreement.
9. Additional Covenants of Company. In addition to the other promises,
covenants and agreements of Company as provided elsewhere in this Agreement,
Company agrees as follows:
A. Company agrees during construction of the Improvements to
maintain, as applicable, property damage and liability insurance coverages with
respect to the Improvements in such amounts as are customarily carried by like
organizations engaged in activities of comparable size and liability exposure, and
shall provide evidence of such coverages to the City upon request.
B. Until completion of the Improvements, Company shall make such
reports to City, in such detail and at such times as may be reasonably requested
by City, as to the actual progress of Company with respect to construction of the
Improvements
C. Company shall pay, or cause to be paid, when due, all real property
taxes and assessments payable with respect to any and all parts of the Property.
Company agrees that (1) it will not seek administrative review or judicial review of
the applicability or constitutionality of any Iowa tax statute or regulation relating to
the taxation of real property included within the Property that is determined by
any tax official to be applicable to the Property or to Company, or raise the
inapplicability or constitutionality of any such tax statute or regulation as a
defense in any proceedings of any type or nature, including but not limited to
delinquent tax proceedings, and (2) it will not seek any tax deferral, credit or
abatement, either presently or prospectively authorized under Iowa Code
Chapter 403 or 404, or any other state law, of the taxation of real property
included within the Property.
10. Representations and Warranties of City. City hereby represents and
warrants as follows:
A. City is not prohibited from consummating the transaction
contemplated in this Agreement by any law, regulation, agreement, instrument,
restriction, order or judgment.
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B. Each person who executes and delivers this Agreement and all
documents to be delivered hereunder is and shall be authorized to do so on
behalf of City.
11. Representations and Warranties of Company. Company hereby
represents and warrants as follows:
A. It is duly organized, validly existing, and in good standing under the
laws of the state of its organization and is duly qualified and in good standing
under the laws of the State of Iowa.
B. It has all requisite power and authority to own and operate its
properties, to carry on its business as now conducted and as presently proposed
to be conducted, and to enter into and perform its obligations under this
Agreement.
C. This Agreement has been duly and validly authorized, executed
and delivered by Company and, assuming due authorization, execution and
delivery by the other parties hereto, is in full force and effect and is a valid and
legally binding instrument of Company that is enforceable in accordance with its
terms, except as the same may be limited by bankruptcy, insolvency,
reorganization or other laws relating to or affecting creditors' rights generally.
D. The execution and delivery of this Agreement, the consummation of
the transactions contemplated hereby, and the fulfillment of or compliance with
the terms and conditions of this Agreement are not prevented by, limited by, in
conflict with, or result in a violation or breach of, the terms, conditions or
provisions of the articles of organization or operating agreement of Company or
of any contractual restriction, evidence of indebtedness, agreement or instrument
of whatever nature to which Company is now a party or by which it or its property
is bound, nor do they constitute a default under any of the foregoing.
E There are no actions, suits or proceedings pending or threatened
against or affecting Company in any court or before any arbitrator or before or by
any governmental body in which there is a reasonable possibility of an adverse
decision which could materially adversely affect the business (present or
prospective), financial position, or results of operations of Company or which in
any manner raises any questions affecting the validity of the Agreement or
Company's ability to perform its obligations under this Agreement.
12. Indemnification and Releases.
A. Company hereby releases City, its elected officials, officers,
employees, and agents (collectively, the "indemnified parties") from, covenants
and agrees that the indemnified parties shall not be liable for, and agrees to
indemnify, defend and hold harmless the indemnified parties against, any loss or
damage to property or any injury to or death of any person occurring at or about
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the Property or resulting from any defect in the Improvements. The indemnified
parties shall not be liable for any damage or injury to the persons or property of
Company or its directors, officers, employees, contractors or agents, or any other
person who may be about the Property or the Improvements, due to any act of
n egligence or willful misconduct of any person, other than any act of negligence
o r willful misconduct on the part of any such indemnified party or its officers,
e mployees or agents.
B. Except for any willful misrepresentation, any willful misconduct, or
any unlawful act of the indemnified parties, Company agrees to protect and
defend the indemnified parties, now or forever, and further agrees to hold the
indemnified parties harmless, from any claim, demand, suit, action or other
proceedings or any type or nature whatsoever by any person or entity
whatsoever that arises or purportedly arises from (1) any violation of any
agreement or condition of this Agreement (except with respect to any suit, action,
demand or other proceeding brought by Company against the City to enforce its
rights under this Agreement), or (2) the acquisition and condition of the Property
and the construction, installation, ownership, and operation of the Improvements,
or (3) any hazardous substance or environmental contamination located in or on
the Property, but only to the extent such liability has not been previously
transferred to and accepted by the City in writing.
C. The provisions of this Section shall survive the expiration or
termination of this Agreement.
13. Default. The following shall be "Events of Default" under this Agreement,
and the term "Event of Default" shall mean any one or more of the following events that
continues beyond any applicable cure periods:
A. Failure by Company to cause the construction of the Improvements
to be commenced and completed pursuant to the terms, conditions and
limitations of this Agreement
B. Transfer by Company of any interest (either directly or indirectly) in
the Improvements, the Property, or this Agreement, without the prior written
consent of City;
C. Failure by Company to pay, before delinquency, all ad valorem
property taxes levied on or against the Property;
•
D. Failure by any party hereto to substantially observe or perform any
covenant, condition, obligation or agreement on its part to be observed or
performed under this Agreement;
E. Company (1) files any petition in bankruptcy or for any
reorganization, arrangement composition, readjustment, liquidation, dissolution,
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or similar relief under the federal bankruptcy law or any similar state law; (2)
makes an assignment for the benefit of its creditors; (3) admits in writing its
inability to pay its debts generally as they become due; (4) is adjudicated a
bankrupt or insolvent; or if a petition or answer proposing the adjudication of
Company as a bankrupt or its reorganization under any present or future federal
bankruptcy act or any similar federal or state law shall be filed in any court and
such petition or answer shall not be discharged or denied within ninety (90) days
after the filing thereof; or a receiver, trustee or liquidator of Company, or part
thereof, shall be appointed in any proceedings brought against Company and
shall not be discharged within ninety (90) days after such appointment, or if
Company shall consent to or acquiesce in such appointment; or (5) defaults
under any mortgage applicable to the Property.
F. Any representation or warranty made by Company in this
Agreement, or made by Company in any written statement or certificate furnished
by Company pursuant to this Agreement, shall prove to have been incorrect,
incomplete or misleading in any material respect on or as of the date of the
issuance or making thereof.
14. Remedies.
A. Default by Company. Whenever any Event of Default in respect of
Company occurs and is continuing, the City may terminate this Agreement.
Before exercising such remedy, City shall give 30 days' written notice to
Company of the Event of Default, provided that by the conclusion of such period
the Event of Default shall not have been cured, or the Event of Default cannot
reasonably be cured within 30 days and Company shall not have provided
assurances reasonably satisfactory to the City that the Event of Default will be
cured as soon as reasonably possible. Upon termination, City may exercise any
and all remedies available at law, equity, contract or otherwise for recovery of
any sums paid by City to Company before the date of termination or to recover
ownership of the Property as set forth in this Agreement.
B. Default by City. Whenever any Event of Default in respect of
Company occurs and is continuing, Company may take such action against City
to require it to specifically perform its obligations hereunder. Before exercising
such remedy, Company shall give 30 days' written notice to City of the Event of
Default, provided that by the conclusion of such period the Event of Default shall
not have been cured, or if the Event of Default cannot reasonably be cured within
30 days and City shall not have provided assurances reasonably satisfactory to
the Company that the Event of Default will be cured as soon as reasonably
possible.
C. Remedies under this Agreement shall be cumulative and in addition
to any other right or remedy given under this Agreement or existing at law or in
equity or by statute. Waiver as to any particular default, or delay or omission in
exercising any right or power accruing upon any default, shall not be construed
as a waiver of any other or any subsequent default and shall not impair any such
right or power.
15. Obligations Contingent. Each and every obligation of City under this
Agreement is expressly made subject to and contingent upon City's completion of all
procedures, hearings and approvals deemed necessary by City or its legal counsel for
amendment of the urban renewal plan applicable to the Property and/or project area, all
of which must be completed within 180 days from the date this Agreement is approved
by the City council. If such completion does not occur, then any conveyance, benefit or
incentive of any type provided by City hereunder within said 180-day period is subject to
reverter of title, revocation, repayment or other appropriate action to restore such
property, benefit or incentive to City, and Company agrees to cooperate diligently and in
good faith with any reasonable request by City to effectuate the restoration of same, or
failing such restoration Company agrees to be liable for same or for the fair value
thereof, plus interest on any sums owing at the rate of 10% per annum commencing
with the date of demand for payment, if said payment is not remitted to City within 30
days.
16. Materiality of Company's Promises, Covenants, Representations,
and Warranties. Each and every promise, covenant, representation, and warranty set
forth in this Agreement on the part of Company to be performed is a material term of
this Agreement, and each and every such promise, covenant, representation, and
warranty constitutes a material inducement for City to enter this Agreement. Company
acknowledges that without such promises, covenants, representations, and warranties,
City would not have entered this Agreement. Upon breach of any promise or covenant,
or in the event of the incorrectness or falsity of any representation or warranty, City
may, at its sole option and in addition to any other right or remedy available to it,
terminate this Agreement and declare it null and void
17. Performance by City. Company acknowledges and agrees that all of the
obligations of City under this Agreement shall be subject to, and performed by City in
accordance with, all applicable statutory, common law or constitutional provisions and
procedures consistent with City's lawful authority. All covenants, stipulations, promises,
agreements and obligations of City contained in this Agreement shall be deemed to be
the covenants, stipulations, promises, agreements and obligations of City and not of any
governing body member, officer, employee or agent of City in the individual capacity of
such person.
18. No Third -Party Beneficiaries. No rights or privileges of any party hereto
shall inure to the benefit of any contractor, subcontractor, material supplier, or any other
person or entity, and no such contractor, subcontractor, material supplier, or other
person or entity shall be deemed to be a third -party beneficiary of any of the provisions
of this Agreement.
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19. Notices. Any notice under this Agreement shall be in writing and shall be
delivered in person, by overnight air courier service, by United States registered or
certified mail, postage prepaid, or by facsimile (with an additional copy delivered by one
of the foregoing means), and addressed:
(a) if to City, at 715 Mulberry Street, Waterloo, Iowa 50703, fax number
319-291 4571, Attention: Mayor, with copies to the City Attorney and the
Community Planning and Development Director.
(b) if to Company, at 326 W. 17th Street, Waterloo, Iowa 50702,
Attention: President.
Delivery of notice shall be deemed to occur (i) on the date of delivery when delivered in
person, (ii) one (1) business day following deposit for overnight delivery to an overnight
air courier service which guarantees next day delivery, (iii) three (3) business days
following the date of deposit if mailed by United States registered or certified mail,
postage prepaid, or (iv) when transmitted by facsimile so long as the sender obtains
written electronic confirmation from the sending facsimile machine that such
transmission was successful. A party may change the address for giving notice by any
method set forth in this Section.
20. No Joint Venture. Nothing in this Agreement shall, or shall be deemed or
construed to, create or constitute any joint venture, partnership, agency, employment, or
any other relationship between the City and Company nor to create any liability for one
party with respect to the liabilities or obligations of the other party or any other person.
21. Amendment, Modification, and Waiver. No amendment, modification,
or waiver of any condition, provision, or term of this Agreement shall be valid or of any
effect unless made in writing, signed by the party or parties to be bound or by the duly
authorized representative of same, and specifying with particularity the extent and
nature of the amendment modification, or waiver. Any waiver by any party of any
default by another party shall not affect or impair any rights arising from any subsequent
default.
22. Severability; Reformation. Each provision, section, sentence, clause,
phrase, and word of this Agreement is intended to be severable. If any portion of this
Agreement shall be deemed invalid or unenforceable, whether in whole or in part, the
offending provision or part thereof shall be deemed severed from this Agreement and
the remaining provisions of this Agreement shall not be affected thereby and shall
continue in full force and effect. If, for any reason, a court finds that any portion of this
Agreement is invalid or unenforceable as written, but that by limiting such provision or
portion thereof it would become valid and enforceable, then such provision or portion
thereof shall be deemed to be written, and shall be construed and enforced, as so
limited.
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23. Captions. All captions, headings, or titles in the paragraphs or sections of
this Agreement are inserted only as a matter of convenience and/or reference, and they
shall in no way be construed as limiting, extending, or describing either the scope or
intent of this Agreement or of any provisions hereof.
24. Binding Effect. This Agreement shall be binding and shall inure to the
benefit of the parties and their respective successors, assigns, and legal
representatives.
25. Counterparts. This Agreement may be executed in one or more
counterparts, each of which shall be deemed an original and all of which, taken
together, shall constitute one and the same instrument.
26. Entire Agreement. This Agreement, together with the exhibits attached
hereto, constitutes the entire agreement of the parties and supersedes all prior or
contemporaneous negotiations, discussions, understandings, or agreements, whether
oral or written, with respect to the subject matter hereof.
27. Time of Essence. Time is of the essence of this Agreement.
IN WITNESS WHEREOF, the parties have executed this Development
Agreement by their duly authorized representatives as of the date first set forth above.
[signatures on next page]
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CITY OF WATERLOO, IOWA PERSONIFIED, INC.
By: Quentin Hat B
Quentin M. Hart, Mayor
Attest: Kelley felchle
Kelley Felchle, City Clerk
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EXHIBIT "A"
Legal Description of Property
See attached plat of survey.
INDEX LEGEND
General Description:
Surveyor.
Surveying Company!
Return To:
Survey Requested By:
Proprietor.
Sec. 25-T89N-R13W, SW 1/4, Watedoo
Kyle J. Helland
Helland Engineering & Surveying, Ltd.
1107 Technology Parkway
Cedar Falls, Iowa 50613-6955
(319)-266-0161
Personified Inc.
City of Waterloo
LOCATION MAP
ERCIAL ST.
/ LOT
8
z
LOT3 /
— FOUND NO.4 REBAR
tv!OPC 46505
/N41°19WE 24.95'
(841°14'04"E 25.009a
FOUND 1'/10 OPEN IRON PIPE
566°58%'/E 32.2'
_ (S87°14'00"E 198.999a
---- S87°14'E 199.05'_
(N49°0424
30.55)a
PARCEL 'A"
PLAT OF SURVEY
317 MISC. 926
DATED 10/10/1995
IOWA NORTHERN
RAILWAY CO.
(X TRACKS)
'BUEGHLEY'S PLAT OF /
OUTLOTS" /
WATERLOO
PARCEL "B"
PLAT OF SURVEY
317 MISC. 926
DATED 10/10/1995
LOT LOT2
85.459a
N 41 °19'/I E 35.1'
(N41°14'04"E 34.89)aa
(ASSUMED BEARING)
`;9
2S
PARCEL "F"
12,880 SQ. FT.
SW 1/4
SEC. 25-T89N-R13W
WATERLOO
PLAT OF SURVEY
269 MISC. 136
DATED 01/08/1996
EAST LINE OF SW 1/4
THIS SURVEY MEETS/OR EXCEEDS CURRENT 'MINIMUM STANDARDS FOR PROPERTY SURVEYS°
c
.xP` LCN
m�
w KYLE J. °a
HELLAND
wry °t, 23212 6,c
/OWIN W
HELLAND ENGINEERING & SURVEYING, LTD.
1 07 Technology Parkway
Cedar Falls, Iowa 50613-6955
(319)-266-0161
SHEET 10F2
This Plat or Subdivision has been reviewed by (City/County).
Signature o((City/County) Date
Ordinance Adelman shale(
SEE SHEET 2 FOR DESCRIPTION OF PARCEL "F"
LEGEND
(0.0)a PER PLAT OF SURVEY 317 MISC. 926
DATED 10/10/1995
(0.0)b PER PLAT OF SURVEY 289 MISC. 136
DATED 01/08/1996
LOT3
FOUND NO.4 REBAR
(TYPICAL UNLESS
NOTED OTHERWISE)
"HAYES'ADDITION"
WATERLOO
FOUND "P-IC NAIL
IN A.C.C. PAVEMENT
LOT2
FOUND 3/8' REBAR
(0.15' S & 0.15E
OF TRUE CORNER)
FOUND CUT "X" IN
P.C.C. PAVEMENT
SET CUT "X"IN
P.C.C. PAVEMENT
ohm
40
(BEARINGS ARE ASSUMED)
0' 40' 80'
60'
2
27
CDR
® SET NO. 4 REBAR X 24" LONG w/ORANGE PLASTIC CAP 423
(00)RECORDEO AS FILE NAME: 17-193.DWG
SCALE: 1" = 80' PROJECT N 17-193 DRAWN BY:
OPCPLASTIC CAP (0=ORANGE, R-RED, Y=YELLOW)
I hereby ceNly that this lend surveying document was prepared
and the related survey work was performed by me or under my
direct p rsonal supervision and that l am a duly licensed
Proles to al Land Serve "...Oder the laws ojthe Stateorowa.
License NIland mber23212
MAll pages or sheets areDecember licens renewal date is caveIhred by s sealT except
PLAT OF SURVEY
OF
PART OF SW 1/4
SEC. 25-T89N-R13W
BLACK HAWK COUNTY, IOWA
FOR
CITY OF WATERLOO
THIS PLAT REPRESENTS A SURVEY OF PARCEL "F"
That part of the Southwest Quarter (SW 1/4) of Section No. 25, Township No. 85 North,
Range No. 13 West of the Fifth Principal Meridian, City of Watedoo, Black Hawk County,
Iowa, described as follows:
Commencing at the Northeasterly corner of Lot 1 Block 3 in "Hayes' Addition" to
the City of Waterloo Iowa, point being a found "P-IC' nail in A.C.C. pavement;
thence along the Northwesterly right-of-way line of West 17th Street South
40°33W West a distance of 219.3 feet to the most Southerly corner of Parcel "A"
recorded in Misc. Book 289 Page 136 dated 01/08/1996 in the Office of the Black Hawk
County Recorder, point being a found cut "X" in P.C.C. pavement;
thence along the Northwesterly right-of-way line of West 17th Street South
40°59'/4' West a distance of 71.15 feet to the Northeasterly right-of-way line of Bluff
Street, point being a set cut "X" in P.C.C. pavement also being the point of beginning;
thence contnuing along the extension of said Northwesterly right-of-way line of
West 17th Street South 40°59'/<' West a distance of 35.35 feet to a set %" rebar with
license #23212;
thence parallel with and 15.1 feet Northeasterly of the centerline of the Iowa
Northern Railway Company railroad tracks North 48°38' West a distance of 365.7 feet to
the most Southerly corner of Parcel AT recorded in Misc. Book 317 Page 926 dated
10/10/1995 in the Office of the Black Hawk County Recorder, point being a set %" rebar
with license #23212;
thence along the Southeasterly line of said Parcel "A" North 41°19%' East a
distance of 35.1 feet to the Northeasterly corner of said Parcel "A", point being a found
'/2" rebar;
thence along said Northeasterly right-of-way line of Bluff Street South 48°40W
East a distance of 365.5 feet to the point of beginning.
Containing 12,880 sq. ft.
Subject to restrictions, easements, covenants, ordinances, and limited access provisions
of record and not of record.
Note: The Northeasterly right-of-way line of said Bluff Street is assumed to bear
South 48°40%' East for this description.
Parcel letter approved by County Auditor's Office
Date of Survey: 09/12/2017
HELLAND ENGINEERING & SURVEYING, LTD. ® SET NO. 4REBARX24'LONG wIORANGEPLASTIC CAP #23212
1107Technology Parkway (ee'RECORDED AS FILENAME: 17-193.DWG
Cedar Falls Iowa 50613-6955 SCALE: NIA PROJECT#17-193 DRAWNBY: CDR
(319)-266-0161 SHEET 2 OF 2 OPCPLASTICCAP (O=ORANGE, R=RED, Y=YELLOW)
PLAT OF SURVEY
OF
PART OF SW 1/4
SEC. 25-T89N-R13W
BLACK HAWK COUNTY, IOWA
FOR
CITY OF WATERLOO
EXHIBIT "B"
Description of Improvements
See attached.
¢tsotrlale)
Inc.
326 W 17th Street
Waterloo, IA 50702
RE: Vacate of Bluff Street
Planned Improvements
Bluff Street/326 W17th -
Improvement: Cost:
Asphalt $22,750.00
Security Cameras & Lighting $4,829.92 - complete
Fencing for Garden Materials $4 018.00
Signage $300.00
$31,897.92