HomeMy WebLinkAbout1981-324-06.24.1981 RESOLUTION NO . 1981-324
RESOLUTION AUTHORIZING THE SALE AND
CONVEYANCE OF CERTAIN EXCESS PROPERTY
TO RICHARD C . & HELEN J . ANDERSON FOR
$10 , 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 $ 10 , 000 . 00, plus costs , has been made by Richard C .
& Helen J . Anderson , 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 Richard C . & Helen J . Anderson , 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 Richard C . & Helen J . Anderson to purchase
real property for the sum of ten thousand dollars (S10 ,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 .
That part of the Southwest Fractional Quarter (SW Frac .
1/4) of Section Six (6) , Township Eighty-nine North (T89N )
Range Twelve West (R12W ) of the Fifth Principal Meridian ,
Black Hawk County, Iowa , described as follows : Beginning at
a point on the East line of said Southwest Fractional
Quarter (SW Frac . 1/4 ) which is Six Hundred Eighty-nine and
Five Tenths (689 . 5) feet North of the Southeast corner of
said Southwest Fractional Quarter (SW Frac . 1/4 ) ; thence N
01 degrees 14 ' 05"W a distance of One Thousand Two Hundred
Thirty-four and Thirty-nine Hundredths ( 1234. 39 ) feet to the
South line of the North forty-seven (47 ) acres of said
Southwest Fractional Quarter ( SW Frac . 1/4 ) ; thence S89
degrees 25 ' 18"W along said South line of North Forty-seven
(47 ) acres a distance of Seven Hundred Ninety-eight and
Fifty-three Hundredths ( 798. 53) feet ; thence S26 degrees
52 ' 30"E a distance of Fifty-two and Seventeen Hundredths
( 52 . 17) feet ; thence S63 degrees 14 ' 36 "W a distance of One
Hundred Thirty-six and Five Tenths ( 136 . 5 ) feet ; thence S86
degrees 08 ' 26"W a distance of Four Hundred Sixteen and Two
Tenths (416 . 2 ) feet ; thence S50 degrees 49 ' 34"E a distance
of One Thousand Seven Hundred Twenty-five and Nine Tenths
( 1725 . 9 ) feet to the point of beginning, containing 19 . 26
Acres .
NOTE : The West line of said Southwest Fractional Quarter
(SW Frac . 1/4) is assumed to bear N00 degrees 00 ' E .
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
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