HomeMy WebLinkAboutIDOT - Easement for Ingress and Egress (RECORDED)- 804 Logan Ave - 12.20.2021 Number: 202400006669
Recorded: 11/20/2023 at 11:35:19.0 AM
County Recording Fee: $32.00
Iowa E-Filing Fee: $3.00
Combined Fee: $35.00
Revenue Tax:
Sandie L. Smith, RECORDER
Black Hawk County, Iowa
ØIOWADOT
Prepared by&Return To: Allyssa Myers, Right of Way Bureau,800 Lincoln Way,Ames, IA 50010,515-239-1757
EASEMENT FOR INGRESS AND EGRESS
(QU ITCLAIM)
For the consideration of ZERO AND NO/I00 ($0.00) DOLLARS and other valuable
consideration in hand paid by Iowa Department of Transportation, the CITY OF
WATERLOO, IOWA, a municipal corporation organized and existing under the laws of
the State of Iowa, does hereby grant to the STATE OF IOWA, all its right, title, estate,
claim and demand in a permanent easement for ingress and egress in, to, on, over and
across the following described real estate in Black Hawk County, Iowa:
THE EASEMENT RIGHT GRANTED FOR INGRESS/EGRESS
PURPOSES IS TO LAND DESCRIBED AS FOLLOWS:
A parcel of land located in part of vacated Webster Street, Lots 15, 16, 17,
23 and 48 of Auditor Rainbow's Plat No. 4 in Section 24, Township 89 North,
Range 13 West in the City of Waterloo, Black Hawk County, Iowa as shown
on Graphic Exhibit "A", attached hereto and by reference made a part
hereof.
Bounded on the Southwest by the Northerly right of way line of the Chicago
Central and Pacific Railroad; on the East by the west line of the parcel of
land acquired by the State of Iowa on November 13, 2023, as Document
No. 202400006283; on the Northeast by a line 29.32 feet Northerly of and
parallel with the Northerly right of way line of the Chicago Central and
Pacific Railroad; on the North by the south line of lot 1 of said Auditor's
Rainbow Plat No. 4; and on the west by the east line of Logan Avenue. Said
Ingress/Egress easement contains 6853 square feet.
This easement and a certain Quit Claim Deed to the State of Iowa are given in fulfillment
of a certain Purchase Agreement executed by the grantor on March 15, 2022 and signed
by the grantee on November 6, 2023, on file at the Right of Way Bureau, Iowa Department
of Transportation, 800 Lincoln Way, Ames, Iowa 50010, except for those terms that
survive the execution of this document.
This easement and transfer is exempt from transfer tax. Iowa Code Sec. 428A.2(17).
This easement is being acquired for public purposes through eminent domain and a
Declaration of Value is not required. Iowa Code Sec. 428A.1.
Words and phrases herein, including acknowledgment hereof, shall be construed as in
the singular or plural number, and as masculine or feminine gender, according to the
context.
Black Hawk County Project No. NHSX-063-6(70)--3H-07
City of Waterloo (Parcel No. 73S) Page 1 of (p
Dated -,� '2? , 20 2 t
CITY OF WATERLOO, IOWA
By: (Sign in Ink)
Quentin M. Hart, Mayor
By: Sign in Ink)
(AFFIX CORPORATE SEAL ABOVE) Kelley Felchl City Clerk
STATE OF \ UL.) , COUNTY OF g\.a.c..J�L uJJ
ss:
On this day of J1 , 20 12.-, before me, the undersigned, a
Notary Public in and for said State, personally appeared Quentin M. Hart and Kelley
Felchle,to me personally known, and,who, being by me duly sworn, did say that they are
the Mayor and City Clerk, respectively, of the City of Waterloo, Iowa;that the seal affixed
to the foregoing instrument is the corporate seal of the corporation, and that the
instrument was signed and sealed on behalf of the corporation, by authority of its City
Council, as contained in the Resolution adopted by the City Council, under Roll Call No.
Ito ill,I of the City Council on the Zo' ' day of Dumont , 20 LI ,
and that Quentin M. Hart and Kelley Felchle acknowledged the execution of the
instrument to be their voluntary act and deed and the voluntary act and deed of the
corporation, by it voluntarily executed.
� NA
H1C8Y
:A. COMMISSION N0.78822g
Es
MY comMIssi•N goof'
(Sign in Ink)
Nota Pub c.
(AFFIX NOTARIAL SEAL ABOVE A)
Black Hawk County Project No. NHSX-063-6(70)-3H-07
City of Waterloo (Parcel No. 73S) Page 2 of (Q
FORM 634-077 IOWA DEPARTMENT OF TRANSPORTATION
6-75
GRAPHIC EXHIBIT "A" 0IOWADOT
COUNTY BLACK HAWK STATE CONTROL NO.
PROJECT NO. NHSX-63-6(70)--3H-07 PARCEL NO. 73S
SECTION 24 TOWNSHIP 89 N RANGE 13 W
ROW - FEE . EASE 6853 SO. FT. EXCESS - FEE AC
ACQUIRED FROM
Fd. S :
pin
iron pin AUDITOR RAINBOW'S
PLAT ND. 4 Fd. 1.5" pinched pipe
Lot 4 —Fd. square iron pin
Fd. twisted \ Fd. pinched� t •iron pin Pipe d9
c j I
Lot 3 ill Lot 14 URBAN ACRES
Fd. pinched
Pipe Fd. #5�
Rebar w
--•
Fd. Pipe Fd. 1.5' pinched pipe
YPC 386 \ Lot 2 1 Lot 13 Fd. 1.5" pinched pipe
East Line �1• •
•
Logan Ave. Fd. Pipe—' ----Fd. 3/4"
YPC 4386 I pipe I Lot 12
Lot 1 Fd. 1.5" pinched pipe
—\\
Vacated Webster St. EXISTING ROW LINE \ Webster St.
/// Lot
Os,-, 5 Lot Lot Lot — ——
es�. 16 17 18 CITY OF WATERLOO. IOWA
0 9�.
�� ess i
o. pob
s,,
29.32' ')*
1
Lat23 INGRESS/EGRESS EASEMENT AREA
6853 SQUARE FEET
Lot 48
PROPOSED FEE TITLE. AREA /I/
d c''/TyF
4'
Lot 1 vnT /
/O 94/C��q< /
H AUDITOR RAINBOW'S 90
Fd. 5/8" rebarO PLAT NO. 1
with YPC '-'41,--———
Lot 2 i l
PT STA 74+81.88
Lot 3 Lots 0o
0
ce
OX
Lot 4 0/
Fd. 5/8" rebar o,)
with YPC ��� d o
00:
x.
'o
�9
•
a)
>
a
c
0
ol
0
J
N
SCALE: 1" = 100'
0' 50' 100' YPC = YELLOW PLASTIC CAP
DATE DRAWN 5-19-2021 - dcc
30C1.P
Prepared by LeAnn M. Even, Deputy City Clerk, City of Waterloo, 715 Mulberry Street,
Waterloo, IA 50703, (319)291-4323.
RESOLUTION NO. 2021-792
RESOLUTION AUTHORIZING THE SALE AND
CONVEYANCE OF CITY PROPERTY AND GRANT OF A
PERMANENT EASEMENT LOCATED SOUTH OF 804
LOGAN AVENUE TO THE STATE OF IOWA, IN THE
AMOUNT OF $1.00, AND AUTHORIZING THE MAYOR AND
CITY CLERK TO EXECUTE SAID DOCUMENTS.
WHEREAS, the City of Waterloo, Iowa is the legal owner of vacated City owned right-
of-way, located south of 804 Logan Avenue, in the City of Waterloo, Iowa, and legally described
as follows:
PARCEL NO. 73S, REGARDING CERTAIN REAL ESTATE IN PARTS OF
VACATED WEBSTER STREET, LOTS 15, 16, 17, 18, 23 AND 48 OF
AUDITOR RAINBOW'S PLAT NO. 4 IN SECTION 24, TOWNSHIP 89
NORTH, RANGE 13 WEST, IN THE CITY OF WATERLOO, BLACK HAWK
COUNTY,IOWA
and,
WHEREAS, an offer to purchase said parcel of real property, in the amount of$1.00,has
been made by the State of Iowa, and
WHEREAS, a public hearing was held on December 20, 2021 at 5:30 p.m., as provided
by law, by the Council of the City of Waterloo, Iowa, on the proposal to sell and convey said
premises owned by the City of Waterloo,Iowa,to the State of Iowa, and
WHEREAS, it is the opinion of this Council that the 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 vacated City owned right-of-way, located south of 804 Logan Avenue, in the City
of Waterloo, Iowa, as fully described in the published notice in the Waterloo Courier December
10, 2021, is not presently needed, and will not be needed in the foreseeable future for municipal
purposes, and its ownership is serving no municipal purpose.
2. That the offer of the State of Iowa, to purchase the property located south of 804
Logan Avenue, in the City of Waterloo, Iowa, for the sum of$1.00, is hereby accepted, for the
real property legally described above.
3. That the City of Waterloo, Iowa conveys said parcel of real property to the state of
Iowa, by quit claim deed, with the retention of a permanent easement for ingress/egress over
portions of the areas to be conveyed.
4. That the Mayor and City Clerk are authorized and directed to execute said deed.
5. That the original of said quit claim deed, fully executed and acknowledged, is hereby
approved and confirmed by this Council.
6. That the Community Planning and Development Director is authorized and directed to
deliver said deed of conveyance to the State of Iowa,upon receipt of the sum of$1.00.
D t to
Resolution 2021-792
Page 2
PASSED AND ADOPTED this 20th day of December 2021.
1 1 �;�u
�j �e,14-. j�/I ' I c,r--1- SIGNED
Quentin Hart,Mayor
ATTEST:
7(eCC�y FekfiiCe �NALLI
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. 2021-792 as passed and adopted by the
City Council of the City of Waterloo,Iowa, on the 20th day of December 2021.
Witness my hand and seal of office this 20th day of December 2021.
Kerley FeCch1e maw
SIGNED
Kelley Felchle, City Clerk
SEAL
5oc.
*** Proof of Publication ***
State of Iowa
Black Hawk County
NY`710E OF PUBLIC HEAA71Ks
TO Y/HOY 17 NAY CONCFAN-
Ro4a a nosh,.goon*ot on.no 1501
day of No..ntber 2021,al 534 pm•n
he Harold E.641y Cara Chasers n
d» ryy 14alt n h4 of Yh sOos.Iowa.
s publa being b. Iwld by tee
Land of M C'9 d Wato400,boa to
a:bonze 1M dole nod aoM.yYla4 of City
property and paint of a permanent
4110emn016 1442100 aaee of 804 Logan
krona*,nM am Iaaa »1'4 4 St DO.
Waterloo, City of-Legals dace d law.. legally 04040bs4 as
follows:
A panel at tad loosed.a pan of Lon 17,
18,23 a.ad 48 ofAuGw.Ranbr a Plot
o.N 4 n Cotton 24,Tomah,80 Nana.
715 MULBERRY ST. R 13 Waal n ..Cdy a Wolen .
Bb3c Hawn t,ou�gr bird ar dvren on
0W+a0ion par, Farad 'A', moalwd
WATERLOO IA 50703 """a and by 191N4104 mode a On
THE FEE SURE TITLE GRANTED G
TO LAM OEGCHtBEO AG FOLLOWS
Cemnfei0N a/1M N5Twost Comes at
lot 1 of:an Awake Ran0ew'a Plat No-
4.:VW..13 O1'0006-E 7415 Het 0urp
ORDER NUMBER 206936 da.w.al In.a mad Lot l and ESY fade
al Logan Avenue w h.En-lnp NahsAy
opal at wary Noe W M q.rlpo Gotta;
and Poafic Ratraao Cprylany.IMwaa.C
40.18'04'E 23725 feet stay acid
I, Michelle Graham, being duly sworn, on oath, do depose and say that Ena'ry NaAHny n9ht of way Ins la ate
Pant of bog...inn%I am Customer Services Representative of The Waterloo Cedar Falls 4 o t s.
'E 3OY3 I . d ome N
Courier and I am authorized to make this affidavit,that The Waterloo OTOCFmE 6277 Netdams.
00'00193YI MOO lest Owno4 17
Cedar Falls Courier is a daily newspaper regularly published and b oo ao
tain: 1.420
printed in the English language in the City of Waterloo, Black Hawk atan.Feat
County, Iowa, and has a general circulation in the said city and county; A pan.]d land lxo+.an pan 01 vaaaled
W.ba6t 3beeL Lac:15.IC t7,23 and
and that I personally know that the notice, a true copy of which is 40 of Author Maas"a Alai No 4 n
Soot on24.To y of
80 Robb.Rdrg4 13
hereto affixed, was published in the Waterloo Cedar Falls Courier on `lsoy. b•ona a`'- a 4GnpO c
Eahad K. aeadt..d twos and by
the following days,to-wit: n««w a.d saes panhweal.
THE EAGEiAENT RIGHT GRANTED
FOR INGRESVEGRESS PURPOG-t3 I21
TO LINO OEECPo8E0 AS FO0-1.OW2,
Boartd.d on h. ^,oudra.at by doe
NarUNrfy nqf%of way in.Of no Ch4Dapa
C.nrat and Paola%Wood.on the Eaal
by 5.`Mat tn4 of the parcel 01 lard
waddled by he Slat. of Iowa on
.in SO_Pp `1 on the
f46*t.am by a Yn.2 132 foot Ragan./of
and pawn«w4h Ow Norh.dy Opal of way
line of do.Chimps Cenral and P2*F1
Ra3rooa:an Int Hdrh by h4 os,h In of
144 1 of ado Aug NI*Rortbam Plai NO.4:
and on the mat by der soot 1n.al Loom
A"w s.. Gard IncracarEgroa adamant
o dnmw 6953 a0mry feel.
Anyone woo.0 n bonded may app.v oI
dad lane and paso land be lead a rosy
Me urban abpadon waft by Coy CM&
Coy fall.Wowdoa.Iowa.bolo.rho dso
sat for mid b.minp
Section: Legals By order of ere franc*of Ow Ci of
Ws1Moa Mt:din day of O.aabw 3021
Category:950 Legal Notice Mew Fedw,Coy c4n
PUBLISHED ON: 12/10/2021
TOTAL AD COST: 39.90
FILED ON: 4/22/2022
That the issues of said paper containing said notice were duly
circulated in the regular manner.
./
., 1,L##' CARMEN MAE STEPHENS
_ COMMISSION NO.833851
* * MY CAMI$ OI�FPIRES
fawp / �/��ff--
Plit—g/714)
ctary i d fo
Publcman r id ty
1OWADOT
Prepared by & Return To: Allyssa Myers, Right of Way Bureau, 800 Lincoln Way, Ames, IA 50010, 515-239-1757
EASEMENT FOR INGRESS AND EGRESS
(QUITCLAIM)
For the consideration of One AND
NO/100 ($ 1.00 ) DOLLARS and other valuable consideration in
hand paid by Iowa Department of Transportation, the CITY OF WATERLOO, IOWA, a
municipal corporation organized and existing under the laws of the State of Iowa, does
hereby grant to the STATE OF IOWA, all its right, title, estate, claim and demand in a
permanent easement for ingress and egress in, to, on, over and across the following
described real estate in Black Hawk County, Iowa:
THE EASEMENT RIGHT GRANTED FOR INGRESS/EGRESS
PURPOSES IS TO LAND DESCRIBED AS FOLLOWS:
A parcel of land located in part of vacated Webster Street, Lots 15, 16, 17,
23 and 48 of Auditor Rainbow's Plat No. 4 in Section 24, Township 89 North,
Range 13 West in the City of Waterloo, Black Hawk County, Iowa as shown
on Graphic Exhibit "A", attached hereto and by reference made a part
hereof.
Bounded on the Southwest by the Northerly right of way line of the Chicago
Central and Pacific Railroad; on the East by the west line of the parcel of
land acquired by the State of Iowa on , in Bk Pg "; on
the Northeast by a line 29.32 feet Northerly of and parallel with the Northerly
right of way line of the Chicago Central and Pacific Railroad; on the North
by the south line of lot 1 of said Auditor's Rainbow Plat No. 4; and on the
west by the east line of Logan Avenue. Said Ingress/Egress easement
contains 6853 square feet.
This easement and a certain Quit Claim Deed to the State of Iowa are given in fulfillment
of a certain Purchase Agreement executed by the grantor on December 20 , 20 21 ,
and signed by the grantee on , 20 , on file at the Right of Way
Bureau, Iowa Department of Transportation, 800 Lincoln Way, Ames, Iowa 50010, except
for those terms that survive the execution of this document.
This easement and transfer is exempt from transfer tax. Iowa Code Sec. 428A.2(17).
This easement is being acquired for public purposes through eminent domain and a
Declaration of Value is not required. Iowa Code Sec. 428A.1.
Words and phrases herein, including acknowledgment hereof, shall be construed as in
the singular or plural number, and as masculine or feminine gender, according to the
context.
Black Hawk County Project No. NHSX-063-6(70)--3H-07
City of Waterloo (Parcel No. 73S) Page 1 of 3
Dated G� `mom "7-e0 , 20 '2-
CITY OF WATERLOO, IOWA
By:
Quentin M. Hart, Mayor
(Sign in Ink)
�� Sign in Ink)
(AFFIX CORPORATE SEAL ABOVE)
STATE OF `, COUNTY OF Ig\
ss:
� 1
On this day of J t&n' , 20 ZZ-, before me, the undersigned, a
Notary Public in and for said State, personally appeared Quentin M. Hart and Kelley
Felchle, to me personally known, and, who, being by me duly sworn, did say that they are
the Mayor and City Clerk, respectively, of the City of Waterloo, Iowa; that the seal affixed
to the foregoing instrument is the corporate seal of the corporation, and that the
instrument was signed and sealed on behalf of the corporation, by authority of its City
Council, as contained in the Resolution adopted by the City Council, under Roll Call No.
Ira 1 i I of the City Council on the '7c*"` day of DGc_e-f , 20 2 l ,
and that Quentin M. Hart and Kelley Felchle acknowledged the execution of the
instrument to be their voluntary act and deed and the voluntary act and deed of the
corporation, by it voluntarily executed.
NANCY ytCBY
COMMISSION NO.788225
MY COMMISSI rN EXPIRES
(Sign in Ink)
(AFFIX NOTARIAL SEAL ABOVE ♦ )
Black Hawk County Project No. NHSX-063-6(70)--3H-07
City of Waterloo (Parcel No. 73S) Page 2 of 3
FORM 634-077
6-75
COUNTY
PROJECT NO.
IOWA DEPARTMENT OF TRANSPORTATION
GRAPHIC EXHIBIT "A"
BLACK HAWK
NHSX-63-6(70)--3H-07
SECTION 24 TOWNSHIP 89 N
ROW - FEE . EASE 6853 SO. FT.
ACQUIRED FROM
STATE CONTROL NO.
GOIOWADOT
PARCEL NO. 73S
RANGE 13 W
EXCESS - FEE AC
Fd. Square- \
iron pin
Fd. twisted
iron pin
Fd. pinched
pipe
Fd. Pipe
YPC 386
East Line
Logan Ave.\
AUDITOR RAINBOW'S
PLAT ND. 4
Lat 4
Fd. pinched
pipe
Lot 3
Fd. #5
Reber
Lot 2
Fd. Pipe
YPC #386
Lot 1
Vacated Webster
i
IR—Fd. 3/4"
pipe
PROPOSED FEE TITLE AREA
Lot 1
O I AUDITOR RAINBOW'S
Fd. 5/8' rebar PLAT NO. 1
with YPC
Lot 2
Lot 3
Fd. 5/8" rebar---,4„
with YPC•
Lot 4
EXISTING ROW LINE
PT STA 74+81.88—►
Lot 5
SCALE: 100'
0' 50' 100'
DATE DRAWN 5-19-2021 dcc
Fd. 1.5" pinched pipe
„0 — Fd. square iron pin
Lot 14
1
—Fd. 1.5
Lot 13
URBAN ACRES
pinched pipe
Fd 1.5" pinched pipe
Lot 12
Fd. 1.5" pinched
CITY OF WATERLOO. IOWA
YPC = YELLOW PLASTIC CAP
pipe
Webster St.
INGRESS/EGRESS EASEMENT AREA
6853 SOUARE FEET
'Q9