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HomeMy WebLinkAbout2004-081-02.23.2004 This Resolution prepared by Nancy Eckert, City Clerk, 715 Mulberry Street , Waterloo, Iowa. RESOLUTION NO. 2004-81 RESOLUTION APPROVING EASEMENT AGREEMENT AND DIRECTING EXECUTION OF SAID AGREEMENT BY MAYOR. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the Agreement dated February 23 , 2004 , to use Prospect Boulevard for a parking lot associated with Kingsley Elementary School , for the following described property: The subject parcels are : Lots One Hundred Twelve (112) , One Hundred Thirteen (113) , One Hundred Fourteen (114) , One Hundred Fifteen (115) , One Hundred Sixteen (116) , One Hundred Seventeen (117) , One Hundred Eighteen (118) and One Hundred Nineteen (119) of Prospect Place in the City of Waterloo. Lots One Hundred Sixty-nine (169) , One Hundred Seventy (170) and all of Lot One Hundred Eight (108) except the following: Beginning at a point at the Northwesterly corner of said Lot One Hundred Eight (108) , thence in a Southeasterly direction along the Southwesterly line of said Lot One Hundred Eight (108) two hundred twenty- seven (227) feet to Prospect Boulevard, thence in a Northeasterly direction along Prospect Boulevard one hundred (100) feet, thence in a Northwesterly direction in a straight line to the Southeasterly corner of Lot One Hundred Sixty-eight (168) , Prospect Hills, Waterloo, Iowa, thence in a Southwesterly direction along the Northwesterly line of said Lot One Hundred Eight (108) sixty-one and four-tenths (61 .4) feet to place of beginning, all in Prospect Hills Addition, Waterloo, Black Hawk County, Iowa. Grantor, however, reserves the right to construct and keep in repair water and gas mains from Sunset Road along the Southwesterly side of said Lot One Hundred Sixty-nine (169) , said easement reserved for grantor and subsequent owners of the remaining part of said Lot One Hundred Eight (108) herein excepted. Lot Number One Hundred Seventy-one (No. 171) and the Northeasterly sixty (NE' ly 60) feet of Lot Number One Hundred and Eight (No. 108) in Prospect Hills Addition, a sub-division to the City of Waterloo, Iowa, all in the City of Waterloo, Black Hawk County, Iowa; by and between the Waterloo Community School District and the City of Waterloo, Iowa, be and the same is hereby approved, and the Mayor authorized to execute the same in behalf of the City of Waterloo, Iowa . Resolution No. 2004-81 age 2 H Nt; Otr1 tin � E-I E-I H H N 0 PASSED AND ADOPTED this 23rd day of February, 2004 . O ti7 H 0H Ho Tim Hur ey, yor EST: trl tr C O CV CV tri H / /vC aaa4cy Eckert City Clerk ca r7 tri t�7trl 'C N Ei td s d O This Resolution prepared by Nancy Eckert, City Clerk, 715 Mulberry Street, Waterloo, Iowa. RESOLUTION NO. 2004-80 RESOLUTION AUTHORIZING THE SALE AND CONVEYANCE OF A PORTION OF CITY RIGHT-OF-WAY GENERALLY DESCRIBED AS SAN MARNAN RIGHT-OF- WAY IN FRONT OF LOTS 2 AND 3 , ANDERSON' S SIXTH ADDITION FOR $1 . 00, PLUS COSTS, AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AND DELIVER DEED FOR SAME AND RESCINDING RESOLUTION NO. 2003-661 IN ITS ENTIRETY. WHEREAS, the City of Waterloo, Iowa, is the owner of real property in the City of Waterloo, Iowa, as described below, and WHEREAS, an offer to purchase said certain parcels of real property in the sum of $1 . 00, plus costs, has been made by J & S Family Realty, LLC, and WHEREAS, a public hearing was held on February 23 , 2004, at 5 : 30 p.m. in the Council Chambers in City Hall, Waterloo, Iowa, as provided by law, by the Council of the City of Waterloo, Iowa, on the proposal to sell and convey premises owned by the City of Waterloo, Iowa, to J & S Family Realty, LLC, and WHEREAS, it is the opinion of this Council that sale and conveyance should be made as proposed. NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, AS FOLLOWS : 1 . The following described real property, as fully described in the published notice in the Waterloo Courier on February 19, 2004 , is not presently needed and will not be needed in the foreseeable future for municipal purposes and its ownership is serving no municipal purpose, and 2 . That the offer of J & S Family Realty, LLC to purchase real property for the sum of $1 . 00, and costs, be and it is hereby accepted for real property described below: That part of East San Marnan Drive lying North of and adjacent to Lot 2 , Anderson' s Sixth Addition, Waterloo, Black Hawk County, Iowa, described as follows : Beginning at the Northwest corner of said Lot 2 ; thence North 01°17' 54" East a distance of 50 . 00 feet; thence South 88°43 ' 24" East a distance of 389 .46 feet; thence South 01°15' 28" West a distance of 50 . 00 feet to the Northeast corner of said Lot 2 ; thence North 88°43 ' 24" West along the North line of said Lot 2 a distance of 385 . 50 feet to the point of beginning, all in the City of Waterloo, Black Hawk County, Iowa, subject to the city' s retention of drainage and utilities easements over, under and above the above described property. The North line of Lot 2 is assume to bear North 88°43 ' 24" West ; and also; Resolution 2004-80 P�o � �'ss� o oHsti • Hs � oH "7c ' N ksiai mart of East San Marnan Drive lying North of and tEkH, 4 to Lot 3 , Anderson' s Sixth Addition, Waterloo, awk County, Iowa, described as follows : � � HHHHt7 H HH trJH H ;~ l-t- ng at the Northwest corner of said Lot 3 ; thence 0 0 H H ppN,,ort+h �9+1°15' 27" East a distance of 40 . 00 feet ; thence 11 ca @o1" 8°43 ' 24" East a distance of 305 . 08 feet; thence • s 1) tp,l°17 ' 47" West a distance of 40 . 00 feet to the 0 I (13-r ITeaat corner of said Lot 3 ; thence North 88°43 ' 24" �^1 .4')ng the North line of said Lot 3 a distance of h tYttDSCrr7B eet to the point of beginning, all in the City N � tof �srloo, Black Hawk County, Iowa, subject to the ca g rretention of drainage and utilities easements 2"E,t under and above the above described property. H(0-H ti . c:ML-I North line of Lot 3 is assumed to bear North d tilg 24" West . HHtr t hl'hat the City of Waterloo, Iowa, convey said parcels of rRgty to J & S Family Realty, LLC by Deed. >-i cv H t� tR eo o 'hat the Mayor and City Clerk are hereby authorized to egginr deliver deed to J & S Family Realty, LLC. t17 Htr1 � o d `" ghat the original of said deed fully executed and acicgowlepW is hereby approved and confirmed by the Council . 6 . That the City Clerk is authorized and directed to deliver said deed of conveyance to J & S Family Realty, LLC upon receipt of the sum of $1 . 00, and costs . 7 . That Resolution No. 2003-661 be, and the same is hereby rescinded in its entirety. PASSED AND ADOPTED this 23rd day of February, 2004 . Tim Hurley, May r ATTEST: Nancy Ecke , City Clerk h00 cv n O H H O Qi H r7 T$i Resolution prepared by Nancy Eckert, City Clerk, 715 Mulberry 1-1 ca O Srtt-iet, Waterloo, Iowa. os RESOLUTION NO. 2004-79 RESOLUTION GRANTING REQUEST OF THE AMERICAN O C) CANCER SOCIETY FOR VARIANCE TO NOISE • ORDINANCE, ORDINANCE NO. 3094 . CA O,O o WHEREAS, the American Cancer Society is holding a Relay for LTUP Event at the Central Middle School Stadium on June 11, 2004, fob 6 : 00 to 11 : 00 p.m. , and tr o WHEREAS, said Relay for Life Event will include a live band, etrtainment and PA system which will exceed the limits of the N'ke Ordinance, Ordinance No. 3094 , and WHEREAS, said American Cancer Society has made formal a 1ication for a variance effective from 6 : 00 p.m. to 11 : 00 p.m. on June 11 , 2004 . ‹ o sx ,Th t7 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WW' RLOO, IOWA that the request of the American Cancer Society fr a variance to Ordinance No. 3094 , Noise Ordinance, in ctnjunction with a live band, entertainment and PA system at the Central Middle School Stadium in conjunction with Relay for Life Event , from 6 : 00 p.m. to 11 : 00 p .m. on June 11, 2004 , be and the same hereby granted. PASSED AND ADOPTED this 23rd day of February, 2004 . im Hurley, Mayor ATTEST: Nancy Ecker City Clerk