HomeMy WebLinkAbout1981-323-06.24.1981 RESOLUTION NO . 1981-323
RESOLUTION AUTHORIZING THE SALE AND
CONVEYANCE OF CERTAIN EXCESS PROPERTY TO
ARNOLD J . KASS FOR $141 , 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 $ 141 ,000 . 00, plus costs , has been made by Arnold J .
Kass , 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 Arnold J . Kass , 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 Arnold J . Kass to purchase real property for
the sum of one hundred forty-one thousand dollars ($141 ,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 lan of Operation of the
United States Corps of Engin ers as set forth in their
Design Memorandum No . 2 , Vir en 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 Southeast Quarter (SE 1/4) of Section No. Six (6) in
Township No. Eighty-nine ( 89 ) North Range of No. Twelve ( 12 )
West of the Fifth Principal Meridian , in Black Hawk County ,
Iowa , except that part thereof described as follows :
Beginning at a point on the South line of said Southeast
Quarter ( SE 1/4 ) which is Ninety-two and Eight Tenths ( 92 . 8 )
feet East of the Southwest corner of said Southeast Quarter
( SE 1 /4) ; thence N 12 degrees 51 ' 50"E Three Hundred
Ninety-six and Thirty-seven Hundredths ( 396 . 37 ) feet ; thence
N 72 degrees 22 ' 30"E Twenty-five and Twenty-nine Hundredths
( 25 . 29) feet ; thence S 74 degrees 08 ' 50"E One Hundred
Thirty-three and Two Tenths ( 133 . 2 ) feet ; thence S61 degrees
44 ' 00"E Four Hundred Fifteen and Two Tenths (415 . 2) feet ;
thence S 51 degrees 36 ' 00"E One Hundred Forty-seven and
Eighteen Hundredths ( 147 . 18) feet ; thence SOO degrees
00 ' 00"E Sixty-nine and Seventy-seven Hundredths (69 . 77 ) feet
to the South line of said Southeast Quarter (SE 1/4) ; thence
West Seven Hundred Twenty-one and Fifty-seven Hundredths
( 721 . 57 ) feet to the point of beginning , containing Four and
Two Tenths (4 . 2 ) acres and except legal highways ;
NOTE : The South line of said Southeast Quarter (SE 1/4) is
assumed to bear N 90 degrees 00 ' E .
and excepting also that part of the Southeast Quarter (SE
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
the Southwest corner of said Southeast Quarter (SE 1/4) ;
thence N 00 degrees 37 ' 47"W along the West line of said
Southeast Quarter (SE 1/4 ) a distance of Four Hundred
Sixty-eight (468 ) feet ; thence S 40 degrees 39 ' 33"E a
distance of Two Hundred Twenty-two and Seven Hundredths
( 222 . 07 ) feet ; thence S01 degrees 16 ' 25 "W a distance of Two
Hundred Ninety-eight and Eighty-five Hundredths ( 298. 85)
feet to the South line of said southeast Quarter ( SE 1/4) ;
thence S89 degrees 40 ' 13"W a distance of One Hundred
Thirty-two and Nine Tenths ( 132. 9 ) feet to the point of
beginning , containing 1 . 22 Acres including present
established road.
NOTE : The North line of the Southeast Quarter (SE 1/4 ) of
Section Six (6 ) is assumed to bear N90 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
to Limit Total Flow
From Gates Park to a
Flow of 142 cfs .
4 . Completely Close
Gates on Virden
Creek Dam and Store
All Runoff During
Periods of Blocked
Gravity flow at Cedar
River.
3. That the City of Waterloo , Iowa , convey said parcels of
real property to Arnold J . Kass 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 Arnold J . Kass .
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 Arnold J . Kass upon receipt of
the sum of one hundred forty-one thousand dollars ($141 , 000 . 00)
and costs .
Passed and adopted this 22nd day of June , 1981 .
'ice
Leo P. Rooff, Ma
,e
ATTEST:
14. 1
Ire.:2)
Lar P. urger, C ' y Clerk
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