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HomeMy WebLinkAbout2023-313-05.15.2023 (RECORDED) II III IIIIII III IIII II III I IIII I 1 IIM IIIII IIIII IIII IIII Doc ID: 011958100003 Type: GEN Recorded: 06/13/2023 at 01:57:46 PM Fee Amt: $17.00 Page 1 of 3 Black Hawk County Iowa SANDIE L. SMITH RECORDER '] File2023-00010 / 22 4_ Prepared by LeAnn M. Even, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319)291-4323. RESOLUTION NO. 2023-313 RESOLUTION AUTHORIZING SALE AND CONVEYANCE OF VACATED ALLEY NORTH OF 108 BISHOP AVENUE TO RAYMOND SHEPPARD III AND KENNETH COX IN THE AMOUNT OF $2,000.00, CONNIE JOHNSON IN THE AMOUNT OF $500.00, AND RYAN AND KALI WILKINSON IN THE AMOUNT OF $500.00, SUBJECT TO THE RETENTION OF A PERMANENT PUBLIC UTILITY EASEMENT OVER,UNDER, ACROSS AND UPON THE EAST 25 FEET THEREOF, AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE SAID DEEDS. WHEREAS, the City of Waterloo, Iowa is the owner of a vacated alley located north of 108 Bishop Avenue, in the City of Waterloo, Iowa, and legally described as follows: DESCRIPTION — CONVEYANCE TO KENNETH F COX AND RAYMOND SHEPPARD III: THE PLATTED ALLEY ADJOINING LOTS 1 THROUGH 8 AND LOTS 17 THROUGH 24 OF BLOCK 23 OF AUDITOR RAINBOWS PLAT OF MAYWOOD SECOND FILING, CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA. DESCRIPTION — CONVEYANCE TO RYAN T WILKINSON AND KALI R WILKINSON: THE NORTH HALF OF THE PLATTED ALLEY ADJOINING LOTS 9 THROUGH 12 AND LOTS 13 THROUGH 16 OF BLOCK 23 OF AUDITOR RAINBOWS PLAT OF MAYWOOD SECOND FILING, CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA, SUBJECT TO THE RETENTION OF A PERMANENT PUBLIC UTILITY EASEMENT OVER, UNDER, ACROSS AND UPON THE EAST 25 FEET THEREOF. DESCRIPTION—CONVEYANCE TO CONNIE F JOHNSON: THE SOUTH HALF OF THE PLATTED ALLEY ADJOINING LOTS 9 THROUGH 12 AND LOTS 13 THROUGH 16 OF BLOCK 23 OF AUDITOR RAINBOWS PLAT OF MAYWOOD SECOND FILING, CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA, SUBJECT TO THE RETENTION OF A PERMANENT PUBLIC UTILITY EASEMENT OVER, UNDER,ACROSS AND UPON THE EAST 25 FEET THEREOF. WHEREAS, an offer to purchase said vacated alley has been made by Raymond Sheppard III and Kenneth Cox in the amount of $2,000.00, Connie Johnson in the amount of $500.00, and Ryan and Kali Wilkinson in the amount of$500.00, and WHEREAS, a public hearing was held on May 15, 2022 at 5:30 p.m. in the Harold E. Getty Council Chambers, 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 Raymond Sheppard III, Kenneth Cox, Connie Johnson and Ryan and Kali Wilkinson, and WHEREAS, it is the opinion of this Council that the sale and conveyance should be made as proposed. Resolution 2023-313 Page 2 NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO,IOWA,AS FOLLOWS: 1. The vacated alley located north of 108 Bishop Avenue, in the City of Waterloo, Iowa, as fully described in the published notice in the Waterloo Courier on May 5, 2023, 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 Raymond Sheppard III and Kenneth Cox in the amount of$2,000.00, Connie Johnson in the amount of $500.00, and Ryan and Kali Wilkinson in the amount of $500.00, to purchase the vacated alley located north of 108 Bishop Avenue, in the City of Waterloo, Iowa, is hereby accepted for said property. 3. That the City of Waterloo, Iowa conveys said parcel of real property to Raymond Sheppard III,Kenneth Cox, Connie Johnson and Ryan and Kali Wilkinson,by warranty deed. 4. That the Mayor and City Clerk are authorized and directed to execute said deed. 5. That the original of said warranty 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 Raymond Sheppard III, Kenneth Cox, Connie Johnson and Ryan and Kali Wilkinson,upon execution of said document and receipt of payment. PASSED AND ADOPTED this 15th day of May 2023 Quen-an9-tart DIGITALLY SIGNEDjI Quentin Hart,Mayor ATTEST: /' ' /' DIGITALLY KeCCey cFeCchle jDIIGNED. Kelley Felchle, City Clerk CERTIFICATE I, Kelley Felchle, City Clerk of the City of Waterloo, Iowa, do hereby certify that the preceding is a true and complete copy of Resolution No. 2023-313 as passed and adopted by the City Council of the City of Waterloo, Iowa, on the 15t1 day of May 2023. Witness my hand and seal of office this 15th day of May 2023. Kef(ey FeCchCe ;SIGNED` V Kelley Felchle, City Clerk SEAL of WAr� ..U/f4 a. "�f 4 O • mine' III RIf I • *** Proof of Publication *** State of Iowa NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: Black Hawk CountyNotice Is hereby given that on the 15th day of May 2023,at 5:30 p.m., In the Harold E.Getty Council Chanter: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 approve the request by Raymond Shepard to vacate, sell, and convey approximately 9,580 square feet of ctly-owned right- - way in the Si-2'One and Two Family Resiadpence District located north of 108 Waterloo, City of-Legals a and Kenneeth Cue,ox Raymond ab amount of $2,000.00,Connie Johnson in the amount Accounts Payable of 6500.00,end Ryan and Kali WiNdnson in the amount of $500.00, legally described as follows: 715 MULBERRY ST, DESCRIPTION-ALLEY VACATE: THE PLATTED ALLEY ADJOINING LOTS 1 THROUGH 24 OF BLOCK 23 OF WATERLOO IA 50703 SECOND ND°VRUNG cm T MAY- WOOD F WATERLOO, BLACK HAWK COUNTY, IOWA,SUBJECT TO THE RETENTION OF A PUBUC UTILITY EASEMENT OVORDER NUMBER 223694 THE�EAST225EFE r°THEREOF. UPON DESCRIPTION - CONVEYANCE TO KENNETH F COX AND RAYMOND SHEPPARD III: The undersigned, beingdulysworn, on oath, do depose and saythat I THE PLATTED ALLEY ADJOINING 9 P LOTS 1 THROUGH 8 AND LOTS 17 am an authorized employee of the Waterloo Cedar Falls Courier,that THROUGH 24 OF BLOCK 23 OF AUDITOR RAINBOWS PLAT OF MAY- The Waterloo Cedar Falls Courier is a weekly newspaper regularly WOOD WATERLOO,SECOND DCKFILING K CITY OF COUNTY, published and printed in the English language in the City of Waterloo, IOWA. DESCRIPTION - CONVEYANCE TO Black Hawk County, Iowa, and has a general circulation in the said city RYAN T WILKINSON AND KAU R and county;and that I personally know that the notice, a true copy of THE NMI'HALF OF THE PLAt IEU which is hereto affixed,was published in the Waterloo Cedar Falls ALLEY ADJOINING LOTS 9 THROUGH 12 AND LOTS 13 THROUGH 16 OF Courier on the following days, to-wit: PPLLA°OF23 OF MAYYWOOD SECOND FILTOR ING, CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA, SUBJECT TO THE RETENTION OF A PUBUC UTILITY EASEMENT OVER. UNDER, ACROSS AND UPON THE EAST 25 FEET THEREOF. DESCRIPTION - CONVEYANCE TO CONNIE F JOHNSON: THE SOUTH HALF OF THE PLATTED ALLEY ADJOINING LOTS 9 THROUGH 12 AND LOTS 13 THROUGH 16 OF BLOCK 23 OF AUDITOR RAINBOWS PLAT OF MAYWOOD SECOND FILING, CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA. SUBJECT TO THE RETENTION OF A PUBLIC UTILITY EASEMENT OVER, UNDER, ACROSS AND UPON THE EAST 25 FEET THEREOF. Any person interested therein may file written objection thereto with the City Section: Legals Clerk before the date set for said hearing, or appear and make objection thereto with the City Clerk before the said Category: 950 Legal Notice hearing,or appear and make obiecdon thereto with the Cdy Clerk before the data PUBLISHED ON: 05/05/2023 of«�;m.et at h�appear and set forth. By order of the Council of the City of Waterloo this 1st day of May,2023. Ketay Felchle,City Clerk City of Waterloo,Iowa TOTAL AD COST: 66.84 FILED ON: 5/5/2023 That the issues of said paper containing said notice were duly circulated in the regular manner. Q\A`s ANNE FOX Notary Public in n rr Sa ° Commission Number 807163 County My Commission Expires owa October 24, 2023 Prepared by LeAnn M. Even, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2023-313 RESOLUTION AUTHORIZING SALE AND CONVEYANCE OF VACATED ALLEY NORTH OF 108 BISHOP AVENUE TO RAYMOND SHEPPARD III AND KENNETH COX IN THE AMOUNT OF $2,000.00, CONNIE JOHNSON IN THE AMOUNT OF $500.00, AND RYAN AND KALI WILKINSON IN THE AMOUNT OF $500.00, SUBJECT TO THE RETENTION OF A PERMANENT PUBLIC UTILITY EASEMENT OVER, UNDER, ACROSS AND UPON THE EAST 25 FEET THEREOF, AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE SAID DEEDS. WHEREAS, the City of Waterloo, Iowa is the owner of a vacated alley located north of 108 Bishop Avenue, in the City of Waterloo, Iowa, and legally described as follows: DESCRIPTION — CONVEYANCE TO KENNETH F COX AND RAYMOND SHEPPARD III: THE PLATTED ALLEY ADJOINING LOTS 1 THROUGH 8 AND LOTS 17 THROUGH 24 OF BLOCK 23 OF AUDITOR RAINBOWS PLAT OF MAYWOOD SECOND FILING, CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA. DESCRIPTION — CONVEYANCE TO RYAN T WILKINSON AND KALI R WILKINSON: THE NORTH HALF OF THE PLATTED ALLEY ADJOINING LOTS 9 THROUGH 12 AND LOTS 13 THROUGH 16 OF BLOCK 23 OF AUDITOR RAINBOWS PLAT OF MAYWOOD SECOND FILING, CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA, SUBJECT TO THE RETENTION OF A PERMANENT PUBLIC UTILITY EASEMENT OVER, UNDER, ACROSS AND UPON THE EAST 25 FEET THEREOF. DESCRIPTION — CONVEYANCE TO CONNIE F JOHNSON: THE SOUTH HALF OF THE PLATTED ALLEY ADJOINING LOTS 9 THROUGH 12 AND LOTS 13 THROUGH 16 OF BLOCK 23 OF AUDITOR RAINBOWS PLAT OF MAYWOOD SECOND FILING, CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA, SUBJECT TO THE RETENTION OF A PERMANENT PUBLIC UTILITY EASEMENT OVER, UNDER, ACROSS AND UPON THE EAST 25 FEET THEREOF. WHEREAS, an offer to purchase said vacated alley has been made by Raymond Sheppard III and Kenneth Cox in the amount of $2,000.00, Connie Johnson in the amount of $500.00, and Ryan and Kali Wilkinson in the amount of $500.00, and WHEREAS, a public hearing was held on May 15, 2022 at 5:30 p.m. in the Harold E. Getty Council Chambers, 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 Raymond Sheppard III, Kenneth Cox, Connie Johnson and Ryan and Kali Wilkinson, and WHEREAS, it is the opinion of this Council that the sale and conveyance should be made as proposed. Resolution 2023-313 Page 2 NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, AS FOLLOWS: 1. The vacated alley located north of 108 Bishop Avenue, in the City of Waterloo, Iowa, as fully described in the published notice in the Waterloo Courier on May 5, 2023, 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 Raymond Sheppard III and Kenneth Cox in the amount of $2,000.00, Connie Johnson in the amount of $500.00, and Ryan and Kali Wilkinson in the amount of $500.00, to purchase the vacated alley located north of 108 Bishop Avenue, in the City of Waterloo, Iowa, is hereby accepted for said property. 3. That the City of Waterloo, Iowa conveys said parcel of real property to Raymond Sheppard III, Kenneth Cox, Connie Johnson and Ryan and Kali Wilkinson, by warranty deed. 4. That the Mayor and City Clerk are authorized and directed to execute said deed. 5. That the original of said warranty 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 Raymond Sheppard III, Kenneth Cox, Connie Johnson and Ryan and Kali Wilkinson, upon execution of said document and receipt of payment. PASSED AND ADOPTED this 15th day of May 2023 ATTEST: Kelley Felchle, City Clerk CERTIFICATE Querd in Quentin Hart, Mayor I, Kelley Felchle, City Clerk of the City of Waterloo, Iowa, do hereby certify that the preceding is a true and complete copy of Resolution No. 2023-313 as passed and adopted by the City Council of the City of Waterloo, Iowa, on the 15th day of May 2023. Witness my hand and seal of office this 15th day of May 2023. 0 7 v l 7 Kelley Felchle, City Clerk