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HomeMy WebLinkAbout2023-317-05.15.2023 (RECORDED) • 001111111111111111111111 liii II Doc ID: 011967510003 Type: GEN Recorded: 06/29/2023 at 11:24:56 AM Fee Amt: $17.00 Page 1 of 3 Black Hawk County Iowa SANDIE L. SMITH RECORDER File2023-00017595 Prepared LeAnn M. Even, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319)291-4323. RESOLUTION NO. 2023-317 RESOLUTION APPROVING AN INFRASTRUCTURE DEVELOPMENT AGREEMENT WITH NORTH CROSSING, LLC, FOR THE MASTER BUILDOUT OF NORTH CROSSING RETAIL AND MEDICAL DISTRICT WITH A LAND EXCHANGE LOCATED NEAR THE INTERSECTION OF HEATH STREET AND LOGAN AVENUE (HIGHWAY 63), EASTWARD TO EAST 4TH STREET, AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE SAID DOCUMENT. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, that the Infrastructure Development Agreement dated May 15,2023,between North Crossing, LLC and the City of Waterloo, for the master buildout of North Crossing retail and medical district with a land exchange located near the intersection of Heath Street and Logan Avenue (Highway 63), eastward to East 4th Street and legally described as follows: DESCRIPTION OF COMPANY PROPERTY PARCEL 8913-12-376-020: NORTH 699.2 FEET OF THE EAST 769 FEET OF THE WEST 802 FEET OF THE SE 1/4 OF THE SW 1/4 OF SECTION 12,TOWNSHIP 89 NORTH, RANGE 13 WEST OF THE 5TH P.M.,BLACK HAWK COUNTY,IOWA,EXCEPT THE SOUTH 102 FEET THEREOF. PARCEL 8913-12-351-027: TRACT A,NORTH CROSSING ADDITION. PARCEL 8913-12-351-030: LOT 1,NORTH CROSSING 2"D ADDITION. DESCRIPTION OF CITY PROPERTY PARCEL 8913-12-326-003: PARCEL"G"OF PLAT OF SURVEY DOC.#2008-10309 OF PART OF THE NE1/4 SW1/4 OF SECTION 12,TOWNSHIP 89 NORTH,RANGE 13 WEST OF THE 5TH P.M.,BLACK HAWK COUNTY,IOWA. PARCEL 8913-12-301-009: ALL THAT PART OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 12,TOWNSHIP 89 NORTH,RANGE 13 WEST OF THE 5TH P.M.,BLACK HAWK COUNTY,IOWA,LYING SOUTH OF THE RALSTON ROAD AS ESTABLISHED BY 420 DEEDS 475 EXCEPT THE NORTH 120 FEET OF THE SOUTH 136 FEET OF THE WEST 363 FEET THEREOF AND EXCEPT THE EAST 33 FEET THEREOF AND EXCEPT THAT PART THEREOF CONVEYED TO THE STATE OF IOWA IN 547 LD 447 AND FURTHER EXCEPT PARCEL"D"OF PLAT OF SURVEY DOC.#2003- 05489 AND FURTHER EXCEPT THAT PART LYING WITHIN NORTH CROSSING ADDITION IN THE CITY OF WATERLOO,BLACK HAWK COUNTY,IOWA. AND LOT 1,MENARD-LOGAN PLAZA MINOR PLAT,BLACK HAWK COUNTY,IOWA RECORDED IN DOC. #2008-07262 AND BEING A PART OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 12,TOWNSHIP 89 NORTH,RANGE 13 WEST OF THE 5TH P.M.,BLACK HAWK COUNTY,IOWA,EXCEPT THAT PART LYING WITHIN NORTH CROSSING ADDITION IN THE CITY OF WATERLOO,BLACK HAWK COUNTY, IOWA. INTER-PARTY CONVEYANCES PLANNED CONVEYANCES FROM COMPANY TO CITY THAT PART OF FUTURE TRACT C TO BE PLATTED IN NORTH CROSSING 3RD ADDITION,LYING SOUTH OF THE NORTH LINE OF THE SE 1/4 OF THE SW 1/4 OF SECTION 12,TOWNSHIP 89 NORTH,RANGE 13 WEST OF THE 5TH P.M.,BLACK HAWK COUNTY,IOWA,CONTAINING APPROXIMATELY 4.92 ACRES. AN AREA DESCRIBED APPROXIMATELY AS THE EAST 73 FEET OF THE NORTH 547.65 FEET OF LOT 1,NORTH CROSSING 2ND ADDITION,EXCEPT THE NORTH 70 FEET THEREOF,CONTAINING APPROXIMATELY 0.798 ACRES. THIS AREA IS IDENTIFIED AS THE WESTERLY 73 FEET OF LOTS 6 AND 9 ON THE SITE MAP C1l Resolution 2023-317 Page 2 ATTACHED TO THE AGREEMENT AS EXHIBIT"D". PLANNED CONVEYANCES FROM CITY TO COMPANY AN AREA DESCRIBED APPROXIMATELY AS THE NORTH 895 FEET OF THE WEST 520 FEET OF THAT PART OF THE NW 1/4 OF THE SW 1/4 SECTION 12,TOWNSHIP 89 NORTH,RANGE 13 WEST OF THE 5TH P.M.,BLACK HAWK COUNTY,IOWA,LYING SOUTH OF RALSTON ROAD,CONTAINING APPROXIMATELY 9.11 ACRES. THIS AREA IS IDENTIFIED AS LOTS 13-20 ON THE SITE MAP ATTACHED TO THE AGREEMENT AS EXHIBIT"D". THAT PART OF FUTURE LOT 2 TO BE PLATTED IN NORTH CROSSING 3RD ADDITION, LYING NORTH OF THE NORTH LINE OF THE SE 1/4 OF THE SW 1/4 OF SECTION 12, TOWNSHIP 89 NORTH,RANGE 13 WEST OF THE 5TH P.M.,BLACK HAWK COUNTY, IOWA,CONTAINING APPROXIMATELY 0.472 ACRES VIRDEN CREEK PROJECT PROPERTY PARCEL 8913-12-151-027: A PART OF THE SW 1/4 NW 1/4 SECTION 12,T-89-N,R-13-W OF THE FIFTH PRINCIPAL MERIDIAN,BLACK HAWK COUNTY BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SE COR.SW 1/4 NW 1/4 CORNER OF SAID SECTION 12; THENCE NOO°48'37"W,ALONG THE EAST LINE OF THE SW 1/4 NW 1/4 OF SAID SECTION,997.69 FEET TO THE POINT OF BEGINNING. THENCE S89°44'18"W,987.60 FEET;THENCE N00°43'12"W, 100.00 FEET;THENCE S89°45'02"W, 130.00 FEET;THENCE S89°56'S5"W, 110.17 FEET;TO THE EAST RIGHT OF WAY LINE OF LOGAN AVENUE/U.S.HIGHWAY 63;THENCE N25°18'44"W,ALONG SAID RIGHT OF WAY, 54.74 FEET;THENCE N89°44'21"E, 1250.30 FEET TO THE SAID EAST LINE SW 1/4 NW 1/4;THENCE SOO°48'37"E,ALONG SAID EAST LINE, 150.01 FEET TO THE POINT OF BEGINNING. PARCEL 8913-12-176-005: A PART OF THE SE 1/4 NW 1/4 AND NE 1/4 SW 1/4 SECTION 12, TOWNSHIP 89 NORTH,RANGE 13 WEST OF THE FIFTH PRINCIPAL MERIDIAN,BLACK HAWK COUNTY,BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SW CORNER,SE 1/4 NW'/4 OF SAID SECTION 12;THENCE N 00°48'37"W,ALONG THE WEST LINE SE '/4 NW 1/4 OF SAID SECTION, 1147.69 FEET; THENCE N89°44'21"E,233.01 FEET;THENCE SOO°48'37"E, 1699.87 FEET;THENCE N89°6'50"W, 198.88 FEET;THENCE NOO°55'45"W,550.97 FEET TO THE NORTH LINE NE 1/4 SW 1/4 OF SAID SECTION;THENCE S89°57'56"W,ALONG SAID NORTH LINE,33.00 FEET TO THE POINT OF BEGINNING. PARCEL 8913-12-326-005: A PART OF THE NE1/4 SW'/4 SECTION 12,TOWNSHIP 89 NORTH,RANGE 13 WEST OF THE FIFTH PRINCIPAL MERIDIAN,BLACK HAWK COUNTY,BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE S1/4 CORNER OF SAID SECTION 12;THENCE NOO°53'50"W ALONG THE EAST LINE OF SW'/4 OF THE SAID SECTION 12, 1846.97 FEET TO THE POINT OF BEGINNING; THENCE N65°38'15"W,294.10 FEET;THENCE N89°56'50"W TO THE EAST RIGHT OF WAY OF E.4TH STREET, 1032.27 FEET,THENCE N00°55'45"W,ALONG SAID EAST RIGHT OF WAY, 100.01 FEET;THENCE S89°56'50"E,TO THE EAST LINE OF THE NE'/ SW'/4 OF SAID SECTION, 1298.33 FEET;THENCE S00°53'S0"E,ALONG SAID EAST LINE, 221.10 FEET TO THE POINT OF BEGINNING. PARCEL 8913-12-401-002: A PERMANENT EASEMENT OVER AND UPON THE FOLLOWING PROPERTY OWNED BY ALCORN: A PART OF THE WEST 15 ACRES OF THE S%OF THE NW'/4 OF THE SE'/ OF SECTION 12,TOWNSHIP 89 NORTH,RANGE 13 WEST OF THE 5T11 P.M.,BLACK HAWK COUNTY,IOWA,BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE S1/4 CORNER OF SAID SECTION 12;THENCE N 00°53'50"W ALONG THE WEST LINE OF THE SE'/4 OF SAID SECTION 12, 1835.74 FEET TO THE POINT OF BEGINNING;THENCE N 00°53'50" W CONTINUING ALONG SAID WEST LINE,99.69 FEET;THENCE S 65°38'15"E,96.54 FEET;THENCE S 89°53'58"E,910.27 FEET TO A POINT ON THE EAST LINE OF THE WEST 15 ACRES OF THE S'/a OF THE NW1/4 OF THE SE'/ OF SAID SECTION;THENCE S 00°52'33"E ALONG SAID EAST LINE,60.01 FEET;THENCE N 89°53'58"W,997.57 FEET TO THE POINT OF BEGINNING. PARCEL IDENTIFIED AS TRACT D ON SITE MAP. is hereby approved, and the Mayor and City Clerk are authorized and directed to execute said document on behalf of the City of Waterloo,Iowa. Resolution 2023-317 Page 3 PASSED AND ADOPTED this 15th day of May 2023. Qaerttuz 5(ac y.: ATTEST: Quentin Hart, Mayor xelley Fetchte 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. 2023-317 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. Xil(ey Fetch(e Kelley Felchle, City Clerk SEAL O W ) $. A fiAir t" U tf t��,R%i�srlri�f� 00 tt i i ' --4...., IF 4 7 b t 7 Prepared LeAnn M. Even, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2023-317 RESOLUTION APPROVING AN INFRASTRUCTURE DEVELOPMENT AGREEMENT WITH NORTH CROSSING, LLC, FOR THE MASTER BUILDOUT OF NORTH CROSSING RETAIL AND MEDICAL DISTRICT WITH A LAND EXCHANGE LOCATED NEAR THE INTERSECTION OF HEATH STREET AND LOGAN AVENUE (HIGHWAY 63), EASTWARD TO EAST 4TH STREET, AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE SAID DOCUMENT. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, that the Infrastructure Development Agreement dated May 15, 2023, between North Crossing, LLC and the City of Waterloo, for the master buildout of North Crossing retail and medical district with a land exchange located near the intersection of Heath Street and Logan Avenue (Highway 63), eastward to East 4th Street and legally described as follows: DESCRIPTION OF COMPANY PROPERTY PARCEL 8913-12-376-020: NORTH 699.2 FEET OF THE EAST 769 FEET OF THE WEST 802 FEET OF THE SE 1/4 OF THE SW 1/4 OF SECTION 12, TOWNSHIP 89 NORTH, RANGE 13 WEST OF THE 5TH P.M., BLACK HAWK COUNTY, IOWA, EXCEPT THE SOUTH 102 FEET THEREOF. PARCEL 8913-12-351-027: TRACT A, NORTH CROSSING ADDITION. PARCEL 8913-12-351-030: LOT 1, NORTH CROSSING 2ND ADDITION. DESCRIPTION OF CITY PROPERTY PARCEL 8913-12-326-003: PARCEL "G" OF PLAT OF SURVEY DOC. #2008-10309 OF PART OF THE NE1/4 SW'/4 OF SECTION 12, TOWNSHIP 89 NORTH, RANGE 13 WEST OF THE 5TH P.M., BLACK HAWK COUNTY, IOWA. PARCEL 8913-12-301-009: ALL THAT PART OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 12, TOWNSHIP 89 NORTH, RANGE 13 WEST OF THE 5TH P. M., BLACK HAWK COUNTY, IOWA, LYING SOUTH OF THE RALSTON ROAD AS ESTABLISHED BY 420 DEEDS 475 EXCEPT THE NORTH 120 FEET OF THE SOUTH 136 FEET OF THE WEST 363 FEET THEREOF AND EXCEPT THE EAST 33 FEET THEREOF AND EXCEPT THAT PART THEREOF CONVEYED TO THE STATE OF IOWA IN 547 LD 447 AND FURTHER EXCEPT PARCEL "D" OF PLAT OF SURVEY DOC. #2003- 05489 AND FURTHER EXCEPT THAT PART LYING WITHIN NORTH CROSSING ADDITION IN THE CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA. AND LOT 1, MENARD-LOGAN PLAZA MINOR PLAT, BLACK HAWK COUNTY, IOWA RECORDED IN DOC. #2008-07262 AND BEING A PART OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 12, TOWNSHIP 89 NORTH, RANGE 13 WEST OF THE 5TH P.M., BLACK HAWK COUNTY, IOWA, EXCEPT THAT PART LYING WITHIN NORTH CROSSING ADDITION IN THE CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA. INTER -PARTY CONVEYANCES PLANNED CONVEYANCES FROM COMPANY TO CITY THAT PART OF FUTURE TRACT C TO BE PLATTED IN NORTH CROSSING 3RD ADDITION, LYING SOUTH OF THE NORTH LINE OF THE SE 1/4 OF THE SW 1/4 OF SECTION 12, TOWNSHIP 89 NORTH, RANGE 13 WEST OF THE 5TH P.M., BLACK HAWK COUNTY, IOWA, CONTAINING APPROXIMATELY 4.92 ACRES. AN AREA DESCRIBED APPROXIMATELY AS THE EAST 73 FEET OF THE NORTH 547.65 FEET OF LOT 1, NORTH CROSSING 2ND ADDITION, EXCEPT THE NORTH 70 FEET THEREOF, CONTAINING APPROXIMATELY 0.798 ACRES. THIS AREA IS IDENTIFIED AS THE WESTERLY 73 FEET OF LOTS 6 AND 9 ON THE SITE MAP Resolution 2023-317 Page 2 ATTACHED TO THE AGREEMENT AS EXHIBIT "D". PLANNED CONVEYANCES FROM CITY TO COMPANY AN AREA DESCRIBED APPROXIMATELY AS THE NORTH 895 FEET OF THE WEST 520 FEET OF THAT PART OF THE NW 1/4 OF THE SW 1/4 SECTION 12, TOWNSHIP 89 NORTH, RANGE 13 WEST OF THE 5TH P. M., BLACK HAWK COUNTY, IOWA, LYING SOUTH OF RALSTON ROAD, CONTAINING APPROXIMATELY 9.11 ACRES. THIS AREA IS IDENTIFIED AS LOTS 13-20 ON THE SITE MAP ATTACHED TO THE AGREEMENT AS EXHIBIT "D". THAT PART OF FUTURE LOT 2 TO BE PLATTED IN NORTH CROSSING 3RD ADDITION, LYING NORTH OF THE NORTH LINE OF THE SE 1/4 OF THE SW 1/4 OF SECTION 12, TOWNSHIP 89 NORTH, RANGE 13 WEST OF THE 5TH P.M., BLACK HAWK COUNTY, IOWA, CONTAINING APPROXIMATELY 0.472 ACRES VIRDEN CREEK PROJECT PROPERTY PARCEL 8913-12-151-027: A PART OF THE SW 1/4 NW 1/4 SECTION 12, T-89-N, R-13-W OF THE FIFTH PRINCIPAL MERIDIAN, BLACK HAWK COUNTY BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SE COR. SW 1/4 NW 1/4 CORNER OF SAID SECTION 12; THENCE N00°48'37"W, ALONG THE EAST LINE OF THE SW 1/4 NW 1/4 OF SAID SECTION, 997.69 FEET TO THE POINT OF BEGINNING. THENCE S89°44'18"W, 987.60 FEET; THENCE N00°43'12"W, 100.00 FEET; THENCE S89°45'02"W, 130.00 FEET; THENCE S89°56'55"W, 110.17 FEET; TO THE EAST RIGHT OF WAY LINE OF LOGAN AVENUE/U.S. HIGHWAY 63; THENCE N25°18'44"W, ALONG SAID RIGHT OF WAY, 54.74 FEET; THENCE N89°44'21"E, 1250.30 FEET TO THE SAID EAST LINE SW 1/4 NW 1/4; THENCE S00°48'37"E, ALONG SAID EAST LINE, 150.01 FEET TO THE POINT OF BEGINNING. PARCEL 8913-12-176-005: A PART OF THE SE 1/4 NW 1/4 AND NE 1/4 SW 1/4 SECTION 12, TOWNSHIP 89 NORTH, RANGE 13 WEST OF THE FIFTH PRINCIPAL MERIDIAN, BLACK HAWK COUNTY, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SW CORNER, SE 1/4 NW 1/4 OF SAID SECTION 12; THENCE N 00°48'37"W, ALONG THE WEST LINE SE 1/4 NW 1/4 OF SAID SECTION, 1147.69 FEET; THENCE N89°44'21" E, 233.01 FEET; THENCE S00°48'37"E, 1699.87 FEET; THENCE N89°6'50"W, 198.88 FEET; THENCE N00°55'45"W, 550.97 FEET TO THE NORTH LINE NE 1/4 SW 1/4 OF SAID SECTION; THENCE S89°5T56"W, ALONG SAID NORTH LINE, 33.00 FEET TO THE POINT OF BEGINNING. PARCEL 8913-12-326-005: A PART OF THE NE'/4 SW'/4 SECTION 12, TOWNSHIP 89 NORTH, RANGE 13 WEST OF THE FIFTH PRINCIPAL MERIDIAN, BLACK HAWK COUNTY, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE S'/4 CORNER OF SAID SECTION 12; THENCE N00°53'50"W ALONG THE EAST LINE OF SW'/4 OF THE SAID SECTION 12, 1846.97 FEET TO THE POINT OF BEGINNING; THENCE N65°38'15"W, 294.10 FEET; THENCE N89°56'50"W TO THE EAST RIGHT OF WAY OF E. 4TH STREET, 1032.27 FEET, THENCE N00°55'45"W, ALONG SAID EAST RIGHT OF WAY, 100.01 FEET; THENCE S89°56'50"E, TO THE EAST LINE OF THE NE'/4 SW'/4 OF SAID SECTION, 1298.33 FEET; THENCE S00°53'50"E, ALONG SAID EAST LINE, 221.10 FEET TO THE POINT OF BEGINNING. PARCEL 8913-12-401-002: A PERMANENT EASEMENT OVER AND UPON THE FOLLOWING PROPERTY OWNED BY ALCORN: A PART OF THE WEST 15 ACRES OF THE S'/z OF THE NW'/4 OF THE SE'/4 OF SECTION 12, TOWNSHIP 89 NORTH, RANGE 13 WEST OF THE 5TH P.M., BLACK HAWK COUNTY, IOWA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE S'/4 CORNER OF SAID SECTION 12; THENCE N 00°53'50" W ALONG THE WEST LINE OF THE SE'/4 OF SAID SECTION 12, 1835.74 FEET TO THE POINT OF BEGINNING; THENCE N 00°53'50" W CONTINUING ALONG SAID WEST LINE, 99.69 FEET; THENCE S 65°38'15" E, 96.54 FEET; THENCE S 89°53'58" E, 910.27 FEET TO A POINT ON THE EAST LINE OF THE WEST 15 ACRES OF THE S'h OF THE NW'/4 OF THE SE'/4 OF SAID SECTION; THENCE S 00°52'33" E ALONG SAID EAST LINE, 60.01 FEET; THENCE N 89°53'58" W, 997.57 FEET TO THE POINT OF BEGINNING. PARCEL IDENTIFIED AS TRACT D ON SITE MAP. is hereby approved, and the Mayor and City Clerk are authorized and directed to execute said document on behalf of the City of Waterloo, Iowa. Resolution 2023-317 Page 3 PASSED AND ADOPTED this 15th day of May 2023. Quen-Ein 1-1 ir1 ATTEST: Quentin Hart, Mayor Kerrey FeCchCe`� 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. 2023-317 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. Kerrey Fe(ch(e Kelley Felchle, City Clerk SEAL ✓ III I■IIIIIIIIIIIIIII * ▪ ,�T111, 0