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Home My WebLink About2022-327-06.06.2022 (RECORDED) II II II IIIIII III III IIIII1II II IIIIIII Doc ID: 011801620004 Type: GEN Recorded: 07/27/2022 at 04:20:49 PM Fee Amt: $22.00 Page 1 of 4 Black Hawk County Iowa SANDIE L. SMITH RECORDER File2023-00001555 2E Prepared by LeAnn M. Even, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2022-327 RESOLUTION AUTHORIZING THE SALE AND CONVEYANCE OF CITY PROPERTY LOCATED WEST OF 420 HARWOOD AVENUE, IN THE AMOUNT OF $1.00, TO BIG HAND PEPPER, LLC, AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE SAID DOCUMENTS. WHEREAS, the City of Waterloo, Iowa is the legal owner of property located west of 420 Harwood Avenue, in the City of Waterloo, Iowa, and legally described as follows: THIS PLAT REPRESENTS A SURVEY OF PARCEL H LOTS NOS. 171 THROUGH 181 IN FIRST ADDITION TO GALLOWAY, THAT PART OF VACATED EVERGREEN AVENUE LOCATED BETWEEN HARWOOD AVENUE AND BISMARK AVENUE, THAT PART OF VACATED ROCK ISLAND AVENUE LOCATED BETWEEN HARWOOD AVENUE AND MAGNOLIA PARKWAY, THAT PART OF HARWOOD AVENUE LOCATED BETWEEN KIRKWOOD AVENUE AND EVERGREEN AVENUE, ALL BEING LOCATED IN THE CITY OF WATERLOO, BLACK HAWK COUNTY IOWA, DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST WESTERLY SOUTHWESTERLY CORNER OF SAID LOT 171 IN SAID FIRST ADDITION TO GALLOWAY, POINT BEING A FOUND 1"O.D. IRON PIPE; THENCE ALONG THE WEST LINES OF SAID LOTS NOS. 171-181 NORTH 00°22'52" WEST 440.59 FEET TO THE NORTHWEST CORNER OF SAID LOT 181, POINT BEING A SET NO. 4 REBAR WITH MAROON PLASTIC CAP #21096; THENCE ALONG THE NORTH LINE OF SAID LOT 181 NORTH 89°48'18" EAST 125.09 FEET TO THE NORTHEAST CORNER OF SAID LOT 181, POINT BEING A FOUND 1"O.D. IRON PIPE; THENCE ALONG THE SOUTH LINE OF BISMARK AVENUE NORTH 89°06'13" EAST 19.91 FEET TO A SET NO. 4 REBAR WITH MAROON PLASTIC CAP #21096; THENCE SOUTH 00°22'52" EAST 448.24 FEET TO A SET NO. 4 REBAR WITH MAROON PLASTIC CAP #21096; THENCE SOUTH 26°03'54" WEST 45.09 FEET TO THE SOUTHEASTERLY EXTENSION OF THE SOUTHWESTERLY LINE OF SAID LOT 171, POINT BEING A SET NO. 4 REBAR WITH MAROON PLASTIC CAP #21096; THENCE ALONG SAID SOUTHEASTERLY EXTENSION AND ALONG SAID SOUTHWESTERLY LINE OF LOT 171 NORTH 69°15'46"WEST 133.91 FEET TO THE POINT OF BEGINNING. CONTAINING 1.55 ACRES. SUBJECT TO RESTRICTIONS, EASEMENTS, COVENANTS, ORDINANCES, AND LIMITED ACCESS PROVISIONS OF RECORD AND NOT OF RECORD. NOTE: THE WEST LINES OF SAID LOTS NOS. 171-181 ARE ASSUMED TO BEAR NORTH 00°22'52" WEST FOR THIS DESCRIPTION. THIS PLAT REPRESENTS A SURVEY OF PARCEL I THAT PART OF VACATED EVERGREEN AVENUE LOCATED BETWEEN THE SOUTHWESTERLY LINE OF HARWOOD AVENUE AND BISMARK �a9)) Resolution 2022-327 Page 2 AVENUE, THAT PARTS OF LOTS NOS. 27 AND 36 IN GALLOWAY ADDITION, LOTS NOS. 28 THROUGH 35 IN SAID GALLOWAY ADDITION, THAT PART OF THE VACATED ALLEY LYING BETWEEN SAID LOTS NOS. 27 THROUGH 31 AND LOTS NOS. 32 THROUGH 36, THAT PART OF VACATED ROCK ISLAND AVENUE LOCATED BETWEEN HARWOOD AVENUE AND MAGNOLIA PARKWAY, SCHOOL LOT IN SAID GALLOWAY ADDITION, THAT PART OF VACATED HARWOOD AVENUE LOCATED BETWEEN KIRKWOOD AVENUE AND MAGNOLIA AVENUE; LOTS NOS. 342 THROUGH 348 IN SAID GALLOWAY ADDITION, THAT PART OF THE VACATED ALLEY LOCATED BETWEEN SAID LOTS NOS. 342 THROUGH 348 AND LOTS NOS. 409 THROUGH 415 IN SAID GALLOWAY ADDITION, THAT PART OF SAID LOTS NOS. 409 THROUGH 415 IN SAID GALLOWAY ADDITION, ALL BEING LOCATED IN THE CITY OF WATERLOO, BLACK HAWK COUNTY IOWA, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWESTERLY CORNER OF SAID LOT 342, POINT BEING A FOUND 1"O.D. IRON PIPE; THENCE ALONG THE NORTHEASTERLY EXTENSION OF THE NORTHWESTERLY LINE OF SAID LOT 342 NORTH 20°39'08" EAST 130.03 FEET TO A SET NO. 4 REBAR WITH MAROON PLASTIC CAP #21096; THENCE NORTHWESTERLY 36.74 FEET ALONG A CURVE CONCAVE WESTERLY, HAVING A RADIUS OF 30.0 FEET, A CENTRAL ANGLE OF 70°10'09", AND A LONG CHORD OF NORTH 14°25'56" WEST 34.49 FEET TO A SET NO. 4 REBAR WITH MAROON PLASTIC CAP #21096; THENCE NORTH 19°37'08" EAST 9.33 FEET TO A SET NO. 4 REBAR WITH MAROON PLASTIC CAP #21096; THENCE NORTH 00°23'21" WEST 210.0 FEET TO A SET NO. 4 REBAR WITH MAROON PLASTIC CAP #21096; THENCE NORTH 89°36'39" EAST 147.27 FEET TO A SET NO. 4 REBAR WITH MAROON PLASTIC CAP #21096; THENCE NORTHEASTERLY 50.94 FEET ALONG A CURVE CONCAVE SOUTHERLY, HAVING A RADIUS OF 64.0 FEET, A CENTRAL ANGLE OF 45°36', AND A LONG CHORD OF NORTH 66°48'39" EAST 49.6 FEET TO A SET NO. 4 REBAR WITH MAROON PLASTIC CAP #21096; THENCE NORTH 89°36'39" EAST 93.05 FEET TO THE EAST LINE OF SAID LOT 36, ALSO BEING ON THE WEST LINE OF SAID MAGNOLIA PARKWAY, POINT BEING A SET NO. 4 REBAR WITH MAROON PLASTIC CAP #21096; THENCE ALONG SAID WEST LINE SOUTH 00°24' EAST 188.82 FEET TO THE SOUTHEAST CORNER OF LOT 32 IN SAID GALLOWAY ADDITION, POINT BEING A FOUND 1'/4"O.D. IRON PIPE; THENCE ALONG SAID WEST LINE SOUTH 00°21'32" EAST 60.04 FEET TO THE NORTHEAST CORNER OF SCHOOL LOT IN SAID GALLOWAY ADDITION, POINT BEING A FOUND 1'/4"O.D. IRON PIPE; THENCE ALONG SAID WEST LINE SOUTH 00°21'32" EAST 98.83 FEET TO THE SOUTHEAST CORNER OF SAID SCHOOL LOT, POINT BEING A FOUND 1'/4"O.D. IRON PIPE; THENCE ALONG THE NORTHWESTERLY LINE OF SAID MAGNOLIA PARKWAY SOUTH 20°51'04" WEST 60.36 FEET TO THE NORTHEASTERLY CORNER OF SAID LOT 348, POINT BEING A FOUND 1'/4"O.D. IRON PIPE; THENCE ALONG SAID NORTHWESTERLY LINE SOUTH 20°37'42" WEST 124.62 FEET TO THE SOUTHEASTERLY CORNER OF SAID LOT 348, POINT BEING A FOUND 1"O.D. IRON PIPE; THENCE ALONG SAID NORTHWESTERLY LINE SOUTH 20°57'53" WEST 16.02 FEET TO THE NORTHEASTERLY CORNER OF SAID LOT 409, POINT BEING A FOUND 1"O.D. IRON PIPE; THENCE ALONG SAID NORTHWESTERLY LINE SOUTH 20°48'05" WEST 4.83 FEET TO A SET NO. 4 REBAR WITH MAROON PLASTIC CAP#21096; THENCE NORTH 69°17'49"WEST 289.22 FEET TO THE NORTHWESTERLY LINE OF SAID LOT 415, POINT BEING Resolution 2022-327 Page 3 A SET NO. 4 REBAR WITH MAROON PLASTIC CAP #21096; THENCE ALONG SAID NORTHWESTERLY LINE AND ALONG THE SOUTHEASTERLY LINE OF SAID EVERGREEN AVENUE AND ALONG THE NORTHWESTERLY LINE OF SAID LOT 342 NORTH 20°39'08" EAST 145.87 FEET TO THE POINT OF BEGINNING. CONTAINING 3.22 ACRES. SUBJECT TO RESTRICTIONS, EASEMENTS, COVENANTS, ORDINANCES, AND LIMITED ACCESS PROVISIONS OF RECORD AND NOT OF RECORD. NOTE: THE WEST LINE OF SAID LOT 342 IS ASSUMED TO BEAR NORTH 20°39'08" EAST FOR THIS DESCRIPTION. and, WHEREAS, an offer to purchase said parcel of real property, in the amount of$1.00, has been made by Big Hand Pepper, LLC, and WHEREAS, a public hearing was held on June 6, 2022 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 Big Hand Pepper, LLC, 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. That the real property located west of 420 Harwood Avenue, in the City of Waterloo, Iowa, as fully described in the published notice in the Waterloo Courier May 24, 2022, 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 Big Hand Pepper, LLC, to purchase the property located west of 420 Harwood 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 Big Hand Pepper, LLC, by quit claim deed. 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 Big Hand Pepper, LLC, upon receipt of the sum of$1.00. PASSED AND ADOPTED this 61" day of June 2022. O //L7V /Tli sIaNEO.. Quentin Hart, Mayor ATTEST: /� (�Ve Il'GlfAiO LeAnn M. Even, CMC, IaCMC Resolution 2022-327 Page 4 Deputy City Clerk CERTIFICATE I, LeAnn M. Even, Deputy City Clerk of the City of Waterloo, Iowa, do hereby certify that the preceding is a true and complete copy of Resolution No. 2022-327 as passed and adopted by the City Council of the City of Waterloo, Iowa, on the 6th day of June 2022. Witness my hand and seal of office this 6`h day of June 2022. 'Y�\/J /'1� &e'v SInIfAIIY SI�b LeAnn M. Even, Deputy City Clerk SEAL • • ow . m . 11111111111 11111111111111101111 Doc ID: 011801610003 Type: GEN Recorded: 07/27/2022 at 04:20:26 PM Fee Amt: $17.00 Page 1 of 3 Black Hawk County Iowa SANDIE L. SMITH RECORDER Fi1e2023-00001554 4 cIL� c- u.:10,Lterlcc *** Proof of Publication *** State of Iowa Black Hawk County Waterloo, City of- Legals 715 MULBERRY ST. WATERLOO IA 50703 ORDER NUMBER 212712 The undersigned, being duly sworn, on oath, do depose and say that I am an authorized employee of the Waterloo Cedar Falls Courier, that The Waterloo Cedar Falls Courier is a weekly newspaper regularly published and printed in the English language in the City of Waterloo, Black Hawk County, Iowa, and has a general circulation in the said city and county; and that I personally know that the notice, a true copy of which is hereto affixed, was published in the Waterloo Cedar Falls Courier on the following days, to-wit: Section: Legals Category: 950 Legal Notice PUBLISHED ON: 05/24/2022 TOTAL AD COST: 111.82 FILED ON: 5/24/2022 That the issues of said paper containing said notice were duly circulated in the regular manner. Zid:.‘", ,T___„.„..,„. 7 4Ch(iiAL Notary Public in an for Said County o MICHELLE GRAHAM = a��p Commission Number 837641 My Commission Expires %w P February 23, 2025 ' *** Proof of Publication *** NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: Notice is hereby given that on the 6th day of June,2022,at 5:30 p.m„in the Harold E. Getty Council Chambers in the City Hall in the City of Waterloo,Iowa,a public hearing will be held by the Council of the City of Waterloo. Iowa, to authorize the sale and conveyance of property located west of 420 Harwood Avenue, to Big Hand Pepper, LLC, in the amount of 51.00, including a development agree- ment for the development of thirty-two (32) new, single-family homes, legally described as follows: THIS PLAT REPRESENTS A SURVEY OF PARCEL H LOTS NOS. 171 THROUGH 181 IN FIRST ADDITION TO GALLOWAY,THAT PART OF VACATED EVERGREEN AVE- NUE LOCATED BETWEEN HARWOOD AVENUE AND BISMARK AVENUE. THAT PART OF VACATED ROCK ISLAND AVENUE LOCATED BETWEEN HARWOOD AVENUE AND MAGNOLIA PARKWAY,THAT PART OF VACATED HARWOOD AVENUE LOCATED BE- TWEEN KIRKWOOD AVENUE AND EVERGREEN AVENUE, ALL BEING LOCATED IN THE CITY OF WATER- LOO. BLACK HAWK COUNTY IOWA, DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST WESTERLY SOUTHWEST CORNER OF SAID LOT 171 IN SAID FIRST ADDITION TO GALLOWAY, POINT BEING A FOUND 1"O.D IRON PIPE; THENCE ALONG THE WEST LINES OF • SAID LOTS NOS. 171 THROUGH 181 NORTH 00"22'S2" WEST 440.59 FEET TO THE NORTHWEST CORNER OF SAID LOT 181, POINT BEING A SET NO.4 REBAR WITH MAROON PLASTIC CAP #21096;4HENCE ALONG THE NORTH LINE OF SAID LOT 181 NORTH 89'48'18" EAST 125.09 FEET TO THE NORTHEAST CORNER OF SAID LOT 181. POINT BEING A FOUND 1"O.D. IRON PIPE; THENCE ALONG THE SOUTH LINE OF BISMARK AVENUE NORTH 89`06'13" EAST 19.91 FEET TO A SET NO. 4 REBAR WITH MAROON PLASTIC CAP #21096;THENCE SOUTH 00'22'52" EAST 448.24 FEET TO A SET NO. 4 REBAR WITH MAROON PLASTIC CAP 421096;THENCE SOUTH 26`03'54" WEST 45.09 FEET TO THE SOUTHEAS- TERLY EXTENSION OF THE SOUTH- WESTERLY LINE OF SAID LOT 171, POINT BEING A SET NO. 4 REBAR WITH MAROON PLASTIC CAP #21096;THENCE ALONG SAID SOUTH- EASTERLY EXTENSION AND ALONG SAID SOUTHWESTERLY LINE OF LOT 171 NORTH 69'15'46" WEST 133.91 FEET TO THE POINT OF BEGINNING. CONTAINING 1.55 ACRES. SUBJECT TO RESTRICTIONS, EASEMENTS, COVENANTS,ORDINANCES.AND LIMI- TED ACCESS PROVISIONS OF RE- CORD AND NOT OF RECORD. NOTE: THE WEST LINES OF SAID LOTS NOS.171-181 ARE ASSUMED TO BEAR NORTH 00'22'52" WEST FOR THIS DESCRIPTION. THIS PLAT REPRESENTS A SURVEY OF PARCEL I THAT PART OF VACATED EVER- GREEN AVENUE LOCATED BETWEEN HARWOOD AVENUE AND BISMARK AVENUE.THAT PARTS OF LOTS NOS. 27 AND 36 IN GALLOWAY ADDITION. LOTS NOS. 28 THROUGH 35 IN SAID GALLOWAY ADDITION,THAT PART OF THE VACATED ALLEY LYING BE- TWEEN SAID LOTS NOS.27 THROUGH 31 AND LOTS NOS.32 THROUGH 36. THAT PART OF VACATED ROCK ISLAND AVENUE LOCATED BETWEEN HARWOOD AVENUE AND MAGNOLIA PARKWAY. SCHOOL LOT IN SAID GALLOWAY ADDITION,THAT PART OF VACATED HARWOOD AVENUE LOCA- TED BETWEEN KIRKWOOD AVENUE AND MAGNOLIA AVENUE;LOTS NOS. 342 THROUGH 348 IN SAID GALLO- WAY ADDITION. THAT PART OF THE VACATED ALLEY LOCATED BETWEEN SAID LOTS NOS. 342 THROUGH 348 AND LOTS NOS.409 THROUGH 415 IN SAID GALLOWAY ADDITION, THAT PART OF SAID LOTS NOS. 409 THROUGH 415 IN SAID GALLOWAY ADDITION, ALL BEING LOCATED IN THE CITY OF WATERLOO, BLACK HAWK COUNTY IOWA,DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWESTER- LY CORNER OF SAID LOT 342,POINT BEING A FOUND 1"O.D.IRON PIPE; THENCE ALONG THE NORTHEASTER- LY EXTENSION OF THE NORTHWEST- ERLY LINE OF SAID LOT 342 NORTH 20'39'08"EAST 30.03 FEET TO A SET NO.4 REBAR WITH MAROON PLASTIC CAP#21096;THENCE NORTHWESTER- LY 36.74 FEET ALONG A CURVE *** Proof of Publication l.V1Yl.MVC YVCJICIA.T, fnVIIVI] n RADIUS OF 30.0 FEET. A CENTRAL ANGLE OF 70°1309". AND A LONG CHORD OF NORTH 14'25'56" WEST 34.49 FEET TO A SET NO.4 REBAR WITH MAROON PLASTIC CAP #21096;THENCE NORTH 19'37'08" EAST 9.33 FEET TO A SET NO. 4 REBAR WITH MAROON PLASTIC CAP #21096;THENCE NORTH 00'23'21" WEST 210.0 FEET TO A SET NO, 4 REBAR WITH MAROON PLASTIC CAP #21096;THENCE NORTH 89°36'39' EAST 147.27 FEET TO A SET NO. 4 REBAR WITH MAROON PLASTIC CAP #21096; THENCE NORTHEASTERLY 50.94 FEET ALONG A CURVE CONCAVE SOUTHERLY, HAVING A RADIUS OF 64.0 FEET, A CENTRAL ANGLE OF 45°36', AND A LONG CHORD OF NORTH 66°48'39"EAST 49.6 FEET TO A SET NO. 4 REBAR WITH MAROON PLASTIC CAP#21096:THENCE NORTH 89°36'39" EAST 93.05 FEET TO THE EAST LINE OF SAID LOT 36, ALSO BEING ON THE WEST LINE OF SAID MAGNOLIA PARKWAY,POINT BEING A SET NO. 4 REBAR WITH MAROON PLASTIC CAP#21096;THENCE ALONG SAID WEST LINE SOUTH 00°24'EAST 188.82 FEET TO THE SOUTHEAST CORNER OF LOT 32 IN SAID GALLO- WAY ADDITION, POINT BEING A FOUND 1'4"O.D. IRON PIPE;THENCE ALONG SAID WEST LINE SOUTH 00°21'3T EAST 60.04 FEET TO THE • NORTHEAST CORNER OF SCHOOL LOT IN SAID GALLOWAY ADDITION, POINT BEING A FOUND 11n"O.D.IRON PIPE;THENCE ALONG SAID WEST LINE SOUTH 00°21'32" EAST 98.83 FEET TO THE SOUTHEAST CORNER OF SAID SCHOOL LOT,POINT BEING A FOUND 11k"O.D.IRON PIPE:THENCE ALONG THE NORTHWESTERLY LINE OF SAID MAGNOLIA PARKWAY SOUTH 20'51'04" WEST 60.36 FEET TO THE NORTHEASTERLY CORNER OF SAID LOT 348, POINT BEING A FOUND 11s"0.D. IRON PIPE:THENCE ALONG SAID NORTHWESTERLY LINE SOUTH 20°3T42"WEST 124.62 FEET TO THE SOUTHEASTERLY CORNER OF SAID LOT 348, POINT BEING A FOUND 1"0.D. IRON PIPE;THENCE ALONG SAID NORTHWESTERLY LINE SOUTH 20°57'53" WEST 16.02 FEET TO THE NORTHEASTERLY CORNER OF SAID LOT 409. POINT BEING A FOUND 1"0.D. IRON PIPE;THENCE ALONG SAID NORTHWESTERLY LINE SOUTH 20°48'05"WEST 4.83 FEET TO A SET NO.4 REBAR WITH MAROON PLASTIC CAP#21096;THENCE NORTH 69°17'49" WEST 289.22 FEET TO THE NORTH- WESTERLY LINE OF SAID LOT 415. POINT BEING A SET NO. 4 REBAR WITH MAROON PLASTIC CAP #21096;THENCE ALONG SAID NORTH- WESTERLY LINE AND ALONG THE SOUTHEASTERLY LINE OF SAID EV- ERGREEN AVENUE AND ALONG THE NORTHWESTERLY LINE OF SAID LOT 342 NORTH 20°39'08" EAST 145.87 FEET TO THE POINT OF BEGINNING. CONTAINING 3.22 ACRES. SUBJECT TO RESTRICTIONS, EASE- MENTS. COVENANTS, ORDINANCES. AND LIMITED ACCESS PROVISIONS OF RECORD AND NOT OF RECORD. NOTE:THE WEST LINE OF SAID LOT 342 IS ASSUMED TO BEAR NORTH 20°39'08" EAST FOR THIS DESCRIP- TION. Anyone who is interested may appear at said time and place and be heard or may File written objection with the City Clerk, City Hall,Waterloo,Iowa.before the date set for said hearing. By order of the Council of the City of Waterloo this 16th day of May 2022. Kelley Felchle,City Clerk City of Waterloo,Iowa Prepared by LeAnn M. Even, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2022-327 RESOLUTION AUTHORIZING THE SALE AND CONVEYANCE OF CITY PROPERTY LOCATED WEST OF 420 HARWOOD AVENUE, IN THE AMOUNT OF $1.00, TO BIG HAND PEPPER, LLC, AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE SAID DOCUMENTS. WHEREAS, the City of Waterloo, Iowa is the legal owner of property located west of 420 Harwood Avenue, in the City of Waterloo, Iowa, and legally described as follows: THIS PLAT REPRESENTS A SURVEY OF PARCEL H LOTS NOS. 171 THROUGH 181 IN FIRST ADDITION TO GALLOWAY, THAT PART OF VACATED EVERGREEN AVENUE LOCATED BETWEEN HARWOOD AVENUE AND BISMARK AVENUE, THAT PART OF VACATED ROCK ISLAND AVENUE LOCATED BETWEEN HARWOOD AVENUE AND MAGNOLIA PARKWAY, THAT PART OF HARWOOD AVENUE LOCATED BETWEEN KIRKWOOD AVENUE AND EVERGREEN AVENUE, ALL BEING LOCATED IN THE CITY OF WATERLOO, BLACK HAWK COUNTY IOWA, DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST WESTERLY SOUTHWESTERLY CORNER OF SAID LOT 171 IN SAID FIRST ADDITION TO GALLOWAY, POINT BEING A FOUND 1"O.D. IRON PIPE; THENCE ALONG THE WEST LINES OF SAID LOTS NOS. 171-181 NORTH 00°22'52" WEST 440.59 FEET TO THE NORTHWEST CORNER OF SAID LOT 181, POINT BEING A SET NO. 4 REBAR WITH MAROON PLASTIC CAP #21096; THENCE ALONG THE NORTH LINE OF SAID LOT 181 NORTH 89°48'18" EAST 125.09 FEET TO THE NORTHEAST CORNER OF SAID LOT 181, POINT BEING A FOUND 1"O.D. IRON PIPE; THENCE ALONG THE SOUTH LINE OF BISMARK AVENUE NORTH 89°06'13" EAST 19.91 FEET TO A SET NO. 4 REBAR WITH MAROON PLASTIC CAP #21096; THENCE SOUTH 00°22'52" EAST 448.24 FEET TO A SET NO. 4 REBAR WITH MAROON PLASTIC CAP #21096; THENCE SOUTH 26°03'54" WEST 45.09 FEET TO THE SOUTHEASTERLY EXTENSION OF THE SOUTHWESTERLY LINE OF SAID LOT 171, POINT BEING A SET NO. 4 REBAR WITH MAROON PLASTIC CAP #21096; THENCE ALONG SAID SOUTHEASTERLY EXTENSION AND ALONG SAID SOUTHWESTERLY LINE OF LOT 171 NORTH 69°15'46" WEST 133.91 FEET TO THE POINT OF BEGINNING. CONTAINING 1.55 ACRES. SUBJECT TO RESTRICTIONS, EASEMENTS, COVENANTS, ORDINANCES, AND LIMITED ACCESS PROVISIONS OF RECORD AND NOT OF RECORD. NOTE: THE WEST LINES OF SAID LOTS NOS. 171-181 ARE ASSUMED TO BEAR NORTH 00°22'52" WEST FOR THIS DESCRIPTION. THIS PLAT REPRESENTS A SURVEY OF PARCEL I THAT PART OF VACATED EVERGREEN AVENUE LOCATED BETWEEN THE SOUTHWESTERLY LINE OF HARWOOD AVENUE AND BISMARK Resolution 2022-327 Page 2 AVENUE, THAT PARTS OF LOTS NOS. 27 AND 36 IN GALLOWAY ADDITION, LOTS NOS. 28 THROUGH 35 IN SAID GALLOWAY ADDITION, THAT PART OF THE VACATED ALLEY LYING BETWEEN SAID LOTS NOS. 27 THROUGH 31 AND LOTS NOS. 32 THROUGH 36, THAT PART OF VACATED ROCK ISLAND AVENUE LOCATED BETWEEN HARWOOD AVENUE AND MAGNOLIA PARKWAY, SCHOOL LOT IN SAID GALLOWAY ADDITION, THAT PART OF VACATED HARWOOD AVENUE LOCATED BETWEEN KIRKWOOD AVENUE AND MAGNOLIA AVENUE; LOTS NOS. 342 THROUGH 348 IN SAID GALLOWAY ADDITION, THAT PART OF THE VACATED ALLEY LOCATED BETWEEN SAID LOTS NOS. 342 THROUGH 348 AND LOTS NOS. 409 THROUGH 415 IN SAID GALLOWAY ADDITION, THAT PART OF SAID LOTS NOS. 409 THROUGH 415 IN SAID GALLOWAY ADDITION, ALL BEING LOCATED IN THE CITY OF WATERLOO, BLACK HAWK COUNTY IOWA, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWESTERLY CORNER OF SAID LOT 342, POINT BEING A FOUND 1"O.D. IRON PIPE; THENCE ALONG THE NORTHEASTERLY EXTENSION OF THE NORTHWESTERLY LINE OF SAID LOT 342 NORTH 20°39'08" EAST 130.03 FEET TO A SET NO. 4 REBAR WITH MAROON PLASTIC CAP #21096; THENCE NORTHWESTERLY 36.74 FEET ALONG A CURVE CONCAVE WESTERLY, HAVING A RADIUS OF 30.0 FEET, A CENTRAL ANGLE OF 70°10'09", AND A LONG CHORD OF NORTH 14°25'56" WEST 34.49 FEET TO A SET NO. 4 REBAR WITH MAROON PLASTIC CAP #21096; THENCE NORTH 19°37'08" EAST 9.33 FEET TO A SET NO. 4 REBAR WITH MAROON PLASTIC CAP #21096; THENCE NORTH 00°23'21" WEST 210.0 FEET TO A SET NO. 4 REBAR WITH MAROON PLASTIC CAP #21096; THENCE NORTH 89°36'39" EAST 147.27 FEET TO A SET NO. 4 REBAR WITH MAROON PLASTIC CAP #21096; THENCE NORTHEASTERLY 50.94 FEET ALONG A CURVE CONCAVE SOUTHERLY, HAVING A RADIUS OF 64.0 FEET, A CENTRAL ANGLE OF 45°36', AND A LONG CHORD OF NORTH 66°48'39" EAST 49.6 FEET TO A SET NO. 4 REBAR WITH MAROON PLASTIC CAP #21096; THENCE NORTH 89°36'39" EAST 93.05 FEET TO THE EAST LINE OF SAID LOT 36, ALSO BEING ON THE WEST LINE OF SAID MAGNOLIA PARKWAY, POINT BEING A SET NO. 4 REBAR WITH MAROON PLASTIC CAP #21096; THENCE ALONG SAID WEST LINE SOUTH 00°24' EAST 188.82 FEET TO THE SOUTHEAST CORNER OF LOT 32 IN SAID GALLOWAY ADDITION, POINT BEING A FOUND 11/4"O.D. IRON PIPE; THENCE ALONG SAID WEST LINE SOUTH 00°21'32" EAST 60.04 FEET TO THE NORTHEAST CORNER OF SCHOOL LOT IN SAID GALLOWAY ADDITION, POINT BEING A FOUND 11/4"O.D. IRON PIPE; THENCE ALONG SAID WEST LINE SOUTH 00°21'32" EAST 98.83 FEET TO THE SOUTHEAST CORNER OF SAID SCHOOL LOT, POINT BEING A FOUND 11/4"O.D. IRON PIPE; THENCE ALONG THE NORTHWESTERLY LINE OF SAID MAGNOLIA PARKWAY SOUTH 20°51'04" WEST 60.36 FEET TO THE NORTHEASTERLY CORNER OF SAID LOT 348, POINT BEING A FOUND 11/4"O.D. IRON PIPE; THENCE ALONG SAID NORTHWESTERLY LINE SOUTH 20°37'42" WEST 124.62 FEET TO THE SOUTHEASTERLY CORNER OF SAID LOT 348, POINT BEING A FOUND 1"O.D. IRON PIPE; THENCE ALONG SAID NORTHWESTERLY LINE SOUTH 20°57'53" WEST 16.02 FEET TO THE NORTHEASTERLY CORNER OF SAID LOT 409, POINT BEING A FOUND 1"O.D. IRON PIPE; THENCE ALONG SAID NORTHWESTERLY LINE SOUTH 20°48'05" WEST 4.83 FEET TO A SET NO. 4 REBAR WITH MAROON PLASTIC CAP #21096; THENCE NORTH 69°17'49" WEST 289.22 FEET TO THE NORTHWESTERLY LINE OF SAID LOT 415, POINT BEING Resolution 2022-327 Page 3 A SET NO. 4 REBAR WITH MAROON PLASTIC CAP #21096; THENCE ALONG SAID NORTHWESTERLY LINE AND ALONG THE SOUTHEASTERLY LINE OF SAID EVERGREEN AVENUE AND ALONG THE NORTHWESTERLY LINE OF SAID LOT 342 NORTH 20°39'08" EAST 145.87 FEET TO THE POINT OF BEGINNING. CONTAINING 3.22 ACRES. SUBJECT TO RESTRICTIONS, EASEMENTS, COVENANTS, ORDINANCES, AND LIMITED ACCESS PROVISIONS OF RECORD AND NOT OF RECORD. NOTE: THE WEST LINE OF SAID LOT 342 IS ASSUMED TO BEAR NORTH 20°39'08" EAST FOR THIS DESCRIPTION. and, WHEREAS, an offer to purchase said parcel of real property, in the amount of $1.00, has been made by Big Hand Pepper, LLC, and WHEREAS, a public hearing was held on June 6, 2022 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 Big Hand Pepper, LLC, 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. That the real property located west of 420 Harwood Avenue, in the City of Waterloo, Iowa, as fully described in the published notice in the Waterloo Courier May 24, 2022, 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 Big Hand Pepper, LLC, to purchase the property located west of 420 Harwood 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 Big Hand Pepper, LLC, by quit claim deed. 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 Big Hand Pepper, LLC, upon receipt of the sum of $1.00. PASSED AND ADOPTED this 6th day of June 2022. Quentin Hart, Mayor ATTEST: LeAnn M. Even, CMC, IaCMC Resolution 2022-327 Page 4 Deputy City Clerk CERTIFICATE I, LeAnn M. Even, Deputy City Clerk of the City of Waterloo, Iowa, do hereby certify that the preceding is a true and complete copy of Resolution No. 2022-327 as passed and adopted by the City Council of the City of Waterloo, Iowa, on the 6th day ofJune 2022. Witness my hand and seal of office this 6th day ofJune 2022. LeAnn M. Even, Deputy City Clerk SEAL Illl 11t111111�m ... ��