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HomeMy WebLinkAbout1981-325-06.24.1981 RESOLUTION NO . 1981-325 RESOLUTION AUTHORIZING THE SALE AND CONVEYANCE OF CERTAIN EXCESS PROPERTY TO THE NATIONAL BANK OF WATERLOO FOR $6 , 000. 00 , PLUS COSTS AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AND DELIVER A DEED FOR SAME . 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 parcel of real property in the sum of $6 , 000. 00 , plus costs , has been made by The National Bank of Waterloo, Waterloo, Iowa , and WHEREAS , a public hearing was held on June 22 , 1981 at 7 : 00 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 The National Bank of Waterloo , Waterloo , Iowa , 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 June 12 , 1981 , 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 The National Bank of Waterloo to purchase real property for the sum of six thousand dollars ($6 ,000 . 00) and costs be , and it is hereby accepted for real property described below: FLOWAGE EASEMENT The grantor reserves unto the City of Waterloo , Iowa its successors and assigns , a flowage easement with the right , power and privilege to overflow , flood and submerge the described areas , as may be necessary, in connection with the construction , operation and maintenance of the Waterloo, Iowa , local flood protection project ; that the flowage across and over said areas shall be specifically according to the Plan of Operation of the United States Corps of Engineers as set forth in their Design Memorandum No . 2 , Virden Creek Dam and Pump Station , dated May , 1975 ; that while the Cedar River elevation at gravity outlet and pumping station remains below 843 . 5 feet mean sea level , the gravity outlet at the Virden Creek Dam and Pumping Station Plan shall remain completely open ; that when the Cedar River elevation at gravity outlet and pumping station goes or reaches above 843 . 5 feet mean sea level , the gravity outlet gate at the Virden Creek Dam and Pumping Station Plant shall be closed ; that an extract of the Plan of Operation from the Design Memorandum is attached hereto and made a part of this easement . Provided further , that no structures shall be constructed or maintained on the land except as may be approved in writing by the City of Waterloo , Iowa , and the United States Army Corps of Engineers , and no excavation shall be permitted and no landfill placed on the land without approval as to the location and method of excavation of landfill . This easement is taken subject to existing easements for public roads and highways , public utilities , railroads and pipelines ; granting , however , unto the landowners , their heirs and assigns , use of such land so as not to interfere with the local flood protection project . Further, that any use of the land shall be subject to federal , state and local laws with respect to pollution. This easement shall be a covenant running with the land and shall be binding upon the parties , their heirs , successors and assigns . The South Six Hundred (600) feet of the West One Thousand Two Hundred ( 1200) feet of the Northeast Fractional Quarter ( NE Frac . 1/4) of Section Six (6 ) , Township Eight-nine North (T89N ) , Range Twelve West ( R12W ) of the Fifth Principal Meridian in Black County , Iowa , containing 16 . 53 Acres . PLAN OF OPERATION VIRDEN CREEK DAM AND PUMPING STATION WATERLOO, IOWA Cedar River Elevation Operating at Gravity Outlet and Conditions Pumping Station Operation A. Low Cedar River Below 843 . 5 1 . Gravity Outlet at Pump Plant Completely Open . 2 . Gates Park Deten- tion Reservior Out- flow Controlled to Not Exceed Channel Capacity Between a) Arlington Street and Logan Street (2150 cfs ) and b ) Logan Street to Levee ( 2450 cfs ) . 3 . Virden Creek Res - ervoir Outflow Con- trolled to Not Exceed Channel Capacity Between Dam & Gates Park Detention Reser- voir (300 cfs ) . B . High Cedar River Above 843 . 5 1 . Gravity Outlet Gate Closed . 2. Pumping Station Activated to Reduce Pond Level to Elev. 838. 5 and Reactivated Subsequently Whenever Elev . 839 . 0 is Reached in the Pond- ing Area . 3 . Partially Close Gates on Gates Park Detention Reservoir to Limit Total Flow From Gates Park to a cc c < ;- -3 �Zn Flow of 142 cfs . rl m5ZM C _S`. rri 00 00C7C: F-- cvC, 4 . Completely Close C) C cr rr F- -1 rDm m no Gates on Virden �- c z Creek Dam and Store ~' "` '� C' nz a- All Runoff During >- rr Periods of Blocked aZ ‹rs M m Gravity flow at Cedar C' yC h- cm River . = .7c CD rn ro C? C) m I-- Cr' Cc rr s. C.) r.. C) C� a) r-6 Q C7 6,1 Q 1,1C) h- CD -+ m �-, CD f-- 5z CD I-- < DD m m . Z s cr t/1 N >< 5a h3 ?- dc77C co. CD r n cr n) rr X __ 0.) L O LU I.- MI G -< C...., › SiaCt) SXCV V > 2: C ?> LU l... CO L.1 Co • -) S L '--, --I t L C - 1. ›, .i. C)• >< S• + LUk-' CO LW .--, O - C) !,� Y1 H C > `-, tb CDQ .... C] S KJ ...1 --f =,. C.) 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Lwgns uaaq 6ulneq pa6pajMou >oe pue paq.noaxa /l ln.4 paap Nes 4o Leu L6 LJo ail; 4egl • C •ooLJa4em 4.o )1ued LeuoL4eN aql off. spaap JanLLap pue agnoaxa o4 paziJoq4ne /CgaJaq aJ2 )IJelO 44LO pue Jokew aq4 4eql • t • panoJdde pue pagoe44e olaJaq SL gDLgM 10 WJ01 aq4 ' peed wLeLa jLnb kg ooLJa42M 4o lue0 LeuoL4eN aql off. /C4JadoJd Lea.' 4o sLeDJed pies /Canuoo 6eM0J 600LJa4ej to / LO aq4 4egl • 0 3 . That the City of Waterloo , Iowa , convey said parcels of real property to Richard C . & Helen J . Anderson by Quit Claim Deed , the form of which is hereto attached and approved. 4. That the Mayor and City Clerk are hereby authorized to execute and deliver deeds to Richard C . & Helen J . Anderson . 5 . That the original of said deed fully executed and acknowledged having been submitted with this Resolution , the same is hereby approved and confirmed by the Council . 6. That the City Clerk is authorized and directed to deliver said deed of conveyance to Richard C . & Helen J . Anderson upon receipt of the sum of ten thousand dollars ($10 , 000 . 00) and costs . Passed and adopted this 22nd day of June , 1981 . Leo P. Rooff, Mayor ATTEST: 4A La ry P. : Irger, C y Clerk • CC tT CD Cl rnScc • 75rrt N N CD C? OJ CD -1 C7 C7 Cr :CI- -1r) rnaznJ 1-- F-- S 'r- 17 I— CC w ti Y 5 >- O O m N C7 ct >- F- O C7 Q O S < 1 p 2 MD rn m O =DnCCrr c. TI • h-_ rr1 '-tC) = cC7 S c"7CCp fir- -ea O i GC • H c7 C O �- - ©o r-+ m " >< c.) cc c`-) CD rn CD n t Q • S F- • Y S S 0 m m W rn C7 CD rn Vf no >r S ry S ▪ C) rn cr- >- C) a- -1 Cl "1 O rn cj 11 2D CC