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HomeMy WebLinkAbout26963 RESOLUTION NO. 26963 RESOLUTION ACCEPTING THE OFFER OF W. W. GRAINGER, INC. , AN ILLINOIS CORPORATION, IN THE AMOUNT OF $68,000 WITH THE RESTRICTIONS INCLUDED IN THE UNIFORM OFFER AND ACCEPTANCE CONTRACT, APPROVING AND AUTHORIZING THE SALE AND CONVEYANCE OF PART OF SECTION 4-89N-13W SUBJECT TO EXISTING EASEMENT AND CERTAIN RESTRICTIONS, AS PUBLISHED IN WATERLOO COURIER ON 4/28/80, AND DIRECTING AND AUTHORIZING THE MAYOR AND CLERK TO EXECUTE AND DELIVER A DEED FOR SAID PROPERTY. WHEREAS, the City of Waterloo, Iowa, is the owner of certain real property in part of Section 4-89N-13W, as described below, in the City of Waterloo, Iowa, and WHEREAS, a public hearing was held on May 5, 1980 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, and WHEREAS, offer to purchase said certain parcel of real property was in the sum of Sixty-eight Thousand and no/100 Dollars ($68,000.00) , made by W. W. Grainger, Inc. , an Illinois Corporation 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 April 28, 1980, is not presently needed and will not be needed in the foreseeable future for municipal purposes and its ownership is serving no municipal purposes. That part of the S.W. 4 of the S.W. 4 of Section 4; Township 89; Range 13; west of the 5th principal meridian, in the City of Waterloo, Black Hawk County, Iowa described as follows : commencing at the S.E. corner of the S.W. 4 of the S.W. 4 of Sec. 4-89-13; thence west along the south line of said S.W. 4 of Sec. 4-89-13 a distance of 228.3' , thence north a distance of 60.0' to a point on the north right of way line of highway #57 that is the point of the beginning; thence continuing north along said line a distance of 338.2 ' to a point on the southerly right of way line of the Illinois Central Railroad that is a distance of 229.6' westerly along said southerly right-of-way line from a point on the east line of the S.W. 4 of the S.W. 4 of Sec.4-89-13; thence running westerly along said southerly right-of-way line a distance of 586.79' to a point that is 150.0' measured at right angles , from the center line of the airport access road; thence running south on a line parallel with and 150.0' from said center line of access road a distance of 386.64' to a point on the north right-of-way line of highway #57, said point being a distance of 60.0' north of the south line of the S.W. 4 of Sec.4-89-13; thence running east along said right-of-way line a distance of 577.4' to the point of beginning. Containing 4.89 acres A. The City of Waterloo, Iowa reserves for itself, its Airport Commission, and for the use and benefit of the public, the right of flight for passage of aircraft in the airspace overlying the premises above described, together with the right to cause in said airport such noise as may be inherent in the operation of aircraft using such airspace for landing at, or taking off from, or operating on the Waterloo Municipal Airport. B. Purchaser will not erect any structure or object or permit any growth on said premises which would constitute an obstruction to flight in violation of the criteria set forth in Part 77, Federal Aviation Agency Regulations, "Objects Affecting Navigable Airspace". C. Purchaser will not make use of the premises hereby conveyed in such a manner as to create electrical interference with radio communications between aircraft and ground stations, make it difficult for operators of aircraft to distinguish between lights on the Airport intended for aid in landing or taking off thereat, or in aerial navigation, and -2- other lights, result in glare to the eyes of the operators of aircraft using the airport, impair visibility or otherwise make hazardous the landing or takeoff of aircraft at the Airport, or the maneuvering of aircraft in connection with such landing or takeoff. D. Purchaser will not construct a building within 100 feet of the west- erly line of said tract. 2. That the offer of W. W. Grainger, Inc. , an Illinois Corporation, to purchase said real property for the total sum of Sixty-eight Thousand and no/100 Dollars ($68,000.00) , be, and it is hereby accepted subject to above mentioned restrictions. 3. That the City of Waterloo, Iowa, convey said parcel of real property to W. W. Grainger, Inc. , an Illinois Corporation, by warranty deed, the form of which is hereto attached and approved. 4. That the Mayor and City Clerk are hereby authorized to execute and deliver said deed to the purchaser. 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 W. W. Grainger, Inc. , an Illinois Corporation, upon receipt of the sum of Sixty-eight Thousand and no/100 Dollars ($68,000.00) . Passed and adopted this 5th day of May, 1980. -eiter t o P. Rooff, Mayor ATTEST: qy P. rger, Cit lerk