HomeMy WebLinkAbout2021-021-01.19.2021 (RECORDED) 111111111 III 1011111111 I II 1111 II Il I I II
Doc ID: 010091080004 Type: GEN
Recorded: 03/04/2021 at 08:03:15 AM
Fee Amt: $22.00 Page 1 of 4
Black Hawk County Iowa
SANDIE L. SMITH RECORDER
F1le2021-00018453
Prepared by LeAnn M. Even, Deputy City Clerk, City of Waterloo, 715 Mulberry Street,
Waterloo, IA 50703, (319)291-4323.
RESOLUTION NO. 2021-021
RESOLUTION APPROVING A REAL ESTATE PURCHASE
AGREEMENT (NON-RESIDENTIAL), AND APPROVING
DEEDS TO SELL AND DONATE REAL PROPERTY TO THE
CITY OF WATERLOO, FOR THE PARTIAL ACQUISITION OF
PROPERTY STORM SEWER EASEMENTS, DRAINAGE
EASEMENTS AND TEMPORARY EASEMENTS
FROM ASCENSION LUTHERAN CHURCH, IN THE
AMOUNT OF $81,665.48, LOCATED AT 2211 MAYNARD
AVENUE, AND AUTHORIZING THE MAYOR AND CITY
CLERK TO EXECUTE SAID DOCUMENTS.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA
that the Real Estate Purchase Agreement (non-residential) and deeds to sell and donate real
property to the City of Waterloo, for the partial acquisition of property storm sewer easements,
drainage easements and temporary easements, dated January 19, 2021, between Ascension
Lutheran Church and the City of Waterloo, Iowa, for property legally described as follows:
FEE TITLE ACQUISITION
THAT PART OF TRACT "A" PAUL'S REPLAT OF A PART OF LAWLESS
ADDITION DATED 12/10/1968 AND PART OF SOUTHWEST QUARTER (SW 1/4)
OF SECTION NO. 21, TOWNSHIP NO. 89 NORTH, RANGE NO. 13 WEST OF THE
FIFTH PRINCIPAL MERIDIAN, WATERLOO, BLACK HAWK COUNTY IOWA,
DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF LOT
1 IN PAUL'S REPLAT OF A PART OF LAWLESS ADDITION ALSO BEING THE
NORTHEAST CORNER OF SAID TRACT "A", POINT BEING A FOUND 'h"
REBAR; THENCE SOUTH 00°59' EAST A DISTANCE OF 60.0 FEET TO THE
NORTHWEST CORNER OF TRACT "D" PER H. RAY HUGHES ADDITION DATED
12/9/1968, POINT BEING A SET 'h" REBAR WITH LICENSE #23212; THENCE
SOUTH 89°06'/d WEST A DISTANCE OF 139.9 FEET TO A SET ''A" REBAR WITH
LICENSE #23212; THENCE NORTH 00°59' WEST A DISTANCE OF 60.0 FEET TO
THE SOUTHWEST CORNER OF SAID LOT 1, POINT BEING A FOUND '/"
REBAR; THENCE ALONG THE SOUTH LINE OF SAID LOT 1 NORTH 89°063/4'
EAST A DISTANCE OF 139.9 FEET TO THE POINT OF BEGINNING.
CONTAINING 8,375 SQ. FT. SUBJECT TO RESTRICTIONS, EASEMENTS,
COVENANTS, ORDINANCES, AND LIMITED ACCESS PROVISIONS OF RECORD
AND NOT OF RECORD. NOTE: THE SOUTH LINE OF SAID LOT 1 IS ASSUMED
TO BEAR NORTH 89°06%' EAST FOR THIS DESCRIPTION.
AND
FEE TITLE ACQUISITION
THAT PART OF THE SOUTHWEST QUARTER (SW 1/4) OF SECTION NO. 21,
TOWNSHIP NO. 89 NORTH, RANGE NO. 13 WEST OF THE FIFTH PRINCIPAL
MERIDIAN, CITY OF WATERLOO, BLACK HAWK COUNTY IOWA, DESCRIBED
AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF TRACT "A" PER
PLAT OF SURVEY DATED 08/24/1984 AND RECORDED IN MISC. BOOK 257
PAGE 787 IN THE OFFICE OF THE BLACK HAWK COUNTY RECORDER, POINT
BEING A FOUND '/z" REBAR WITH LICENSE#8505; THENCE ALONG THE WEST
LINE OF SAID TRACT "A" SOUTH 00°381/4'EAST A DISTANCE OF 477.4 FEET TO
THE SOUTHWEST CORNER OF SAID TRACT "A", POINT BEING A FOUND 1"0
104°6 Ca).)
Resolution 2021-021
Page 2
IRON PIPE WITH LICENSE #3862; THENCE SOUTH 03°171/2' EAST A DISTANCE
OF 69.25 FEET TO THE NORTHERLY RIGHT-OF-WAY OF UNIVERSITY
AVENUE, POINT BEING A FOUND 1/2" REBAR; THENCE ALONG SAID
NORTHERLY RIGHT-OF-WAY NORTH 60°49' WEST A DISTANCE OF 75.95 FEET
TO THE EASTERLY RIGHTOF-WAY OF GREENHILL ROAD, POINT BEING A
FOUND ''A" REBAR; THENCE ALONG SAID EASTERLY RIGHT-OF-WAY NORTH
11°02' WEST A DISTANCE OF 472.3 FEET TO A FOUND 'A" REBAR; THENCE
ALONG SAID EASTERLY RIGHT-OF-WAY NORTH 11°03' WEST A DISTANCE
OF 31.65 FEET TO A SET 1/2" REBAR WITH LICENSE #23212; THENCE NORTH
60°413/4' EAST A DISTANCE OF 103.15 FEET TO A SET 'A" REBAR WITH
LICENSE #23212; THENCE DUE EAST A DISTANCE OF 90.1 FEET TO A SET 1/2"
REBAR WITH LICENSE #23212; THENCE SOUTH 00°563/;EAST A DISTANCE OF
35.2 FEET TO THE NORTHERLY LINE OF SAID TRACT "A", POINT BEING A SET
'/2" REBAR WITH LICENSE #23212; THENCE ALONG SAID NORTHERLY LINE
SOUTH 89°02' WEST A DISTANCE OF 27.15 FEET TO THE POINT OF
BEGINNING. CONTAINING 1.40 ACRES. SUBJECT TO RESTRICTIONS,
EASEMENTS, COVENANTS, ORDINANCES, AND LIMITED ACCESS
PROVISIONS OF RECORD AND NOT OF RECORD. NOTE: THE WEST LINE OF
SAID TRACT "A" IS ASSUMED TO BEAR SOUTH 00°381/4 EAST FOR THIS
DESCRIPTION.
AND
THAT PART TRACT "A" PAUL'S REPLAT OF A PART OF LAWLESS ADDITION
DATED 12/10/1968 AND PART OF THE SOUTHWEST QUARTER (SW 1/4) OF
SECTION NO. 21, TOWNSHIP NO. 89 NORTH, RANGE NO. 13 WEST OF THE
FIFTH PRINCIPAL MERIDIAN, WATERLOO, BLACK HAWK COUNTY IOWA,
DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF
LOT 1 IN PAUL'S REPLAT OF A PART OF LAWLESS ADDITION ALSO BEING
THE NORTHEAST CORNER OF SAID TRACT "A", POINT BEING A FOUND ''A"
REBAR; THENCE ALONG THE SOUTH LINE OF SAID LOT 1 SOUTH 89°06%'
WEST A DISTANCE OF 139.9 FEET TO THE SOUTHWEST CORNER OF SAID
LOT 1, POINT BEING A FOUND ''A" REBAR, ALSO BEING THE POINT OF
BEGINNING; THENCE SOUTH 00°59 EAST A DISTANCE OF 60.0 FEET TO A SET
1/2" REBAR WITH LICENSE#23212; THENCE SOUTH 89°06% WEST A DISTANCE
OF 60.0 FEET; THENCE NORTH 00°59'WEST A DISTANCE OF 60.0 FEET TO THE
SOUTHEAST CORNER OF LOT 12 IN PAUL'S REPLAT OF A PART OF LAWLESS
ADDITION; THENCE NORTH 89°06%' EAST A DISTANCE OF 60.0 FEET TO THE
POINT OF BEGINNING.. CONTAINING 3,600 SQ. FT. SUBJECT TO
RESTRICTIONS, EASEMENTS, COVENANTS, ORDINANCES, AND LIMITED
ACCESS PROVISIONS OF RECORD AND NOT OF RECORD. NOTE: THE SOUTH
LINE OF SAID LOT 1 IS ASSUMED TO BEAR NORTH 89°063/4' EAST FOR THIS
DESCRIPTION.
PROPOSED SEWER EASEMENT#2
THAT PART OF THE SOUTHWEST QUARTER (SW 1/4) OF SECTION NO. 21,
TOWNSHIP NO. 89 NORTH, RANGE NO. 13 WEST OF THE FIFTH PRINCIPAL
MERIDIAN, WATERLOO, BLACK HAWK COUNTY IOWA, DESCRIBED AS
FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF LOT 1 IN PAUL'S
REPLAT OF A PART OF LAWLESS ADDITION ALSO BEING THE NORTHEAST
CORNER OF SAID TRACT "A", POINT BEING A FOUND 1/2" REBAR; THENCE
SOUTH 00°59' EAST A DISTANCE OF 60.0 FEET TO THE NORTHWEST CORNER
OF TRACT "D" OF H. RAY HUGHES ADDITION DATED 12/09/1968 RECORDED
IN THE OFFICE OF THE BLACK HAWK COUNTY RECORDER, POINT BEING A
SET '/2" REBAR WITH LICENSE #23212; THENCE ALONG THE WEST LINE OF
SAID H. RAY HUGHES ADDITION SOUTH 00°59' EAST A DISTANCE OF 335.0
Resolution 2021-021
Page 3
FEET; THENCE SOUTH 89°061/4' WEST A DISTANCE OF 15.0 FEET; THENCE
NORTH 00°59' WEST A DISTANCE OF 335.0 FEET; THENCE NORTH 89°061/4'
EAST A DISTANCE OF 15.0 FEET TO THE POINT OF BEGINNING. CONTAINING
5,025 SQ. FT. SUBJECT TO RESTRICTIONS, EASEMENTS, COVENANTS,
ORDINANCES, AND LIMITED ACCESS PROVISIONS OF RECORD AND NOT OF
RECORD. NOTE: THE SOUTH LINE OF SAID LOT 1 IS ASSUMED TO BEAR
NORTH 89°061/4'EAST FOR THIS DESCRIPTION.
AND
PROPOSED DRAINAGE EASEMENT #1 (ASCENSION LUTHERAN CHURCH)
THAT PART OF THE SOUTHWEST QUARTER (SW 1/4) OF SECTION NO. 21,
TOWNSHIP NO. 89 NORTH, RANGE NO. 13 WEST OF THE FIFTH PRINCIPAL
MERIDIAN, WATERLOO, BLACK HAWK COUNTY, IOWA, DESCRIBED AS
FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF TRACT "A" IN H.
RAY HUGHES ADDITION DATED 12/09/1968 RECORDED IN THE BLACK
HAWK COUNTY RECORDER, POINT BEING A SET 'h" REBAR WITH LICENSE
#23212; THENCE ALONG THE NORTH LINE OF TRACT "A" PER PLAT OF
SURVEY DATED 08/24/1984 AND RECORDED IN MISC. BOOK 257 PAGE 787 IN
THE OFFICE OF THE BLACK HAWK COUNTY RECORDER ALSO BEING A
SOUTHERLY LINE OF ASCENSION CHURCH, SOUTH 89°02'WEST A DISTANCE
OF 347.8 FEET TO A SET %2" REBAR WITH LICENSE #23212; THENCE NORTH
00°561/4' WEST A DISTANCE OF 20.0 FEET; THENCE NORTH 89°02' EAST A
DISTANCE OF 347.8 FEET TO THE WEST LINE OF SAID TRACT "A" IN H. RAY
HUGHES ADDITION; THENCE ALONG SAID WEST LINE SOUTH 00°59' EAST A
DISTANCE OF 20.0 FEET TO THE POINT OF BEGINNING. CONTAINING 6,955
SQ. FT. SUBJECT TO RESTRICTIONS, EASEMENTS, COVENANTS,
ORDINANCES, AND LIMITED ACCESS PROVISIONS OF RECORD AND NOT OF
RECORD. NOTE: THE WEST LINE OF SAID MISC. BOOK 257 PAGE 787 IS
ASSUMED TO BEAR NORTH 00°381/4'WEST FOR THIS DESCRIPTION.
PROPOSED CONSTRUCTION EASEMENT (ASCENSION LUTHERAN
CHURCH) THAT PART OF THE SOUTHWEST QUARTER (SW 1/4) OF SECTION
NO. 21, TOWNSHIP NO. 89 NORTH, RANGE NO. 13 WEST OF THE FIFTH
PRINCIPAL MERIDIAN, WATERLOO, BLACK HAWK COUNTY, IOWA,
DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF
TRACT "A" IN H.RAY HUGHES ADDITION DATED 12/09/1968 RECORDED IN
THE BLACK HAWK COUNTY RECORDER, POINT BEING A SET ''A" REBAR
WITH LICENSE #23212; THENCE NORTH 00°59' WEST A DISTANCE OF 20.0
FEET; THENCE SOUTH 89°02' WEST A DISTANCE OF 347.8 FEET; THENCE
NORTH 00°56%' WEST A DISTANCE OF 15.2 FEET TO A SET ''A" REBAR WITH
LICENSE #23212; THENCE DUE WEST A DISTANCE OF 48.6 FEET TO THE
POINT OF BEGINNING; THENCE DUE WEST A DISTANCE OF 41.5 FEET TO A
SET '/2" REBAR WITH LICENSE #23212; THENCE SOUTH 60°411/4' WEST A
DISTANCE OF 66.9 FEET; THENCE NORTH 36°581/2'WEST A DISTANCE OF 78.75
FEET; THENCE DUE EAST A DISTANCE OF 147.25 FEET; THENCE DUE SOUTH
A DISTANCE OF 30.15 FEET TO THE POINT OF BEGINNING. CONTAINING 5,455
SQ. FT. SUBJECT TO RESTRICTIONS, EASEMENTS, COVENANTS,
ORDINANCES, AND LIMITED ACCESS PROVISIONS OF RECORD AND NOT OF
RECORD. NOTE: THE WEST LINE OF SAID MISC. BOOK 257 PAGE 787 IS
ASSUMED TO BEAR NORTH 00°381/4'WEST FOR THIS DESCRIPTION.
PROPOSED STORM SEWER EASEMENT (ASCENSION LUTHERAN CHURCH)
THAT PART OF THE SOUTHWEST QUARTER (SW 1/4) OF SECTION NO. 21,
TOWNSHIP NO. 89 NORTH, RANGE NO. 13 WEST OF THE FIFTH PRINCIPAL
MERIDIAN, WATERLOO, BLACK HAWK, COUNTY IOWA, DESCRIBED AS
Resolution 2021-021
Page 4
FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF TRACT "A" IN
H.RAY HUGHES ADDITION DATED 12/09/1968 RECORDED IN THE BLACK
HAWK COUNTY RECORDER, POINT BEING A SET 'h" REBAR WITH LICENSE
#23212; THENCE NORTH 00°59' WEST A DISTANCE OF 20.0 FEET; THENCE
SOUTH 89°02' WEST A DISTANCE OF 347.8 FEET: THENCE NORTH 00°56%'
WEST A DISTANCE OF 15.2 FEET TO A SET '/z" REBAR WITH LICENSE #23212;
THENCE DUE WEST A DISTANCE OF 90.1 FEET TO A SET '/" REBAR WITH
LICENSE #23212; THENCE SOUTH 60°413/4 WEST A DISTANCE OF 66.9 FEET TO
THE POINT OF BEGINNING; THENCE SOUTH 60°413/a' WEST A DISTANCE OF
36.25; THENCE NORTH 11°03' WEST A DISTANCE OF 82.15 FEET; THENCE
SOUTH 36°581/2' EAST A DISTANCE OF 78.75 FEET TO THE POINT OF
BEGINNING. CONTAINING 1,415 SQ. FT. SUBJECT TO RESTRICTIONS,
EASEMENTS, COVENANTS, ORDINANCES, AND LIMITED ACCESS
PROVISIONS OF RECORD AND NOT OF RECORD. NOTE: THE WEST LINE OF
SAID MISC. BOOK 257 PAGE 787 IS ASSUMED TO BEAR NORTH 00°381/4' WEST
FOR THIS DESCRIPTION.
in the amount of $81,665.48, located at 2211 Maynard Avenue, is hereby approved, and the
Mayor and City Clerk are authorized and directed to execute said documents on behalf of the
City of Waterloo, Iowa.
PASSED AND ADOPTED this 19th day of January 2021.
Quentin Hart, Mayor
ATTEST:
Keller Felchle fry
Kelley Felchle
City Clerk
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. 2021-021 as passed and adopted by the
City Council of the City of Waterloo, Iowa, on the 19th day of January 2021.
Witness my hand and seal of office this 19th day of January 2021.
Kelley -elchle7°'
Kelley Felchle
SEAL City Clerk
Si
1 l