HomeMy WebLinkAbout2023-312-05.15.2023 (RECORDED) •
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Recorded: 07/03/2023 at 08:38:28 AM
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Black Hawk County Iowa
SANDIE L. SMITH RECORDER
File2024-0000000 1
Prepared by LeAnn M. Even, Deputy City Clerk, City of Waterloo, 715 Mulberry Street,
Waterloo, IA 50703, (319) 291-4323.
RESOLUTION NO. 2023-312
RESOLUTION AUTHORIZING SALE AND CONVEYANCE
OF VACATED ALLEY SOUTHEAST OF 312 KOTHE
AVENUE TO NIHAD MASIC IN THE AMOUNT OF $700.00,
AND ALYSSA RONEY IN THE AMOUNT OF $272.00,
SUBJECT TO THE RETENTION OF A PERMANENT PUBLIC
UTILITY EASEMENT OVER, UNDER, ACROSS AND UPON
THE AREAS TO BE CONVEYED, 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 southeast
of 312 Kothe Avenue, in the City of Waterloo, Iowa, and legally described as follows:
DESCRIPTION—CONVEYANCE TO NIHAD MASIC:
THAT PART OF THE PLATTED ALLEY IN BLOCK 3 OF ROSEBUD
ADDITION, CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA,
LYING NORTH OF THE NORTH LINE OF BREES STREET AS
CURRENTLY PLATTED, AND LYING SOUTH OF A LINE THAT IS 101
FEET FROM AND PARALLEL WITH THE SOUTHWESTERLY RIGHT OF
WAY LINE OF THE ILLINOIS CENTRAL RAILROAD (NOW CHICAGO,
CENTRAL AND PACIFIC), EXCEPT THE WEST HALF OF SAID ALLEY
ADJOINING LOTS 1 AND 4 OF SAID BLOCK 3, SUBJECT TO THE
RETENTION OF A PERMANENT PUBLIC UTILITY EASEMENT OVER,
UNDER, ACROSS AND UPON THE ABOVE DESCRIBED AREA.
DESCRIPTION—CONVEYANCE TO ALYSSA A. RONEY:
THE WEST HALF OF THE PLATTED ALLEY ADJOINING LOTS 1 AND 4
IN BLOCK 3 OF ROSEBUD ADDITION, CITY OF WATERLOO, BLACK
HAWK COUNTY, IOWA, SUBJECT TO THE RETENTION OF A
PERMANENT PUBLIC UTILITY EASEMENT OVER, UNDER, ACROSS
AND UPON THE ABOVE DESCRIBED AREA.
WHEREAS, an offer to purchase said vacated alley has been made by Nihad Masic, in
the amount of$700.00, and by Alyssa A. Roney, in the amount of$272.00, 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 Nihad Masic and Alyssa A. Roney, and
WHEREAS, it is the opinion of this Council that the 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 vacated alley located southeast of 312 Kothe 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 Nihad Masic, in the amount of$700.00 and Alyssa A. Roney, in the
Resolution 2023-312
Page 2
amount of$272,00, to purchase the vacated alley located southeast of 312 Kothe 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 Nihad Masic
and Alyssa A. Roney, 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 Nihad Masic and Alyssa A. Roney, upon execution of said
document and receipt of payment.
PASSED AND ADOPTED this 15t1' day of May 2023
Quettiut art
Quentin Hart, Mayor
ATTEST:
Kefey cFe(c/fe I
�
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. 2023-312 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.
Kelley 'Fe(chre
Kelley Felchle, City Clerk
SEAL
O ` W q T�
l� O
• 'I /_I1III1IHIIIi ! •
*** Proof of Publication ***
State of Iowa NOTICE OF PUBLIC HEARING
TO WHOM IT MAY CONCERN:
Black Hawk County Notice is hereby given that on the 15th
day of May 2023, at 5:30 p.m., in the
Harold E.Getty Council Chambers in the
City Hall in the City of Waterloo,Iowa,a
pudic hearing will be held by the Council
of the City of Waterloo,Iowa,to approve
the request by Nihad Mask to vacate,
sell, and convey approximately 1,420
square feet of city-owned right-of-way
subject to the retention of a pubic utility
easement, in the 'M-I' Light Industrial
Waterloo, Cit of-Le als District located southeast of 312 Kolbe
y g Avenue,10 tihad Masic In the amount of
S700.00,and Aiyau Roney in the amount
Accounts Payable of IMy
described lows
DDEs72. , -AL ALLEY
715 MULBERRY ST. THAT PART OF THE PLATTED ALLEY
IN BLOCK 3 OF ROSEBUD ADDITION,
CITY OF WATERLOO, BLACK HAWK
WATERLOO IA.50703 COUNTY, IOWA, LYING NORTH OF
THE NORTH LIPS OF BREES STREET
AS CURRENTLY PLATTED.AND LYING
SOUTH OF A LINE THAT IS 101 FEET
FROM AND PARALLEL WITH THE
SOUTHWESTERLY RIGHT OF WAY
LINE OF THE ILLINOIS CENTRAL
ORDER NUMBER 223697
RAILROAD(NOW CHICAGO,CENTRAL
AND PACIFIC) SUBJECT TO THE
RETENTION OF A PUBLIC UTILITY
EASEMENT OVER, UNDER, ACROSS
The undersigned, being duly sworn,on oath, do depose and say that I AANDAUPON THE ABOVE DESCRIBED
am an authorized employee of the Waterloo Cedar Falls Courier,that DESCRIPTION MA - CONVEYANCE TO
The Waterloo Cedar Falls Courier is a weekly newspaper regularly THATLOC OOF THERO PLATTEDADDITION,
ALLEY
IN published and printed in the English language in the City of Waterloo, CITY OF WATERLOO. BLACK HAWK
COUNTY IOWA, LYING NORTH OF
Black Hawk County, Iowa, and has a general circulation in the said city THE NORTH DUNE OF BREES STREET
AS CURRENTLY PLATTED,AND LYING
and county;and that I personally know that the notice, a true copy of SOUTH OF A LINE THAT IS 101 FEET
which is hereto affixed,was published in the Waterloo Cedar Falls SOUTHWESTERLY RIGGHTWOF" THE
Courier on the following days,to-wit: LINE OF THE ILLINOIS CENTRAL
RAILROAD(NOW CHICAGO,CENTRAL
AND PACIFIC), EXCEPT THE WEST
HALF OF SAID ALLEY ADJOINING
LOTS 1 AND 4 OF SAID BLOCK 3.
SUBJECT TO THE RETENTION OF A
PUBLIC UTILITY EASEMENT OVER,
UNDER, ACROSS AND UPON THE
ABOVE DESCRIBED AREA.
DESCRIPTION — CONVEYANCE TO
ALYSSA A RONEY:
THE WEST HALF OF THE PLATTED
ALLEY ADJOINING LOTS 1 AND 4 IN
BLOCK 3 OF ROSEBUD ADDITION,
CITY OF WATERLOO, BLACK HAWK
COUNTY, IOWA, SUBJECT TO THE
RETENTION OF A PUBLIC UTILITY
EASEMENT OVER, UNDER, ACROSS
AND UPON THE ABOVE DESCRIBED
AREA.
Any person interested therein may file
written objection thereto with the City
Clerk before the date eel o fbo�r said hearing,
Section: Legals appwith the ear and a Clerk before theretor
hearing, or appear and make objection
Category: 950 Legal Notice thereto with the City Clerk before tie date
set for said hearing,or appear and make
oh. theretoatthemeatngaboveaet
PUBLISHED ON: 05/05/2023 fort
By order of the Council of the City of
Waterloo this 1st day of May,2023.
Kelley Ritchie,City Clerk
City of Waterloo,Iowa
TOTAL AD COST: 66.25
FILED ON: 5/5/2023
That the issues of said paper containing said notice were duly
circulated in the regular manner.
1Ppgt
•
ANNE FOX
Notary Public in n for Said Commission Number 807163
My Commission Expires
owe 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. 2023-312
RESOLUTION AUTHORIZING SALE AND CONVEYANCE
OF VACATED ALLEY SOUTHEAST OF 312 KOTHE
AVENUE TO NIHAD MASIC IN THE AMOUNT OF $700.00,
AND ALYSSA RONEY IN THE AMOUNT OF $272.00,
SUBJECT TO THE RETENTION OF A PERMANENT PUBLIC
UTILITY EASEMENT OVER, UNDER, ACROSS AND UPON
THE AREAS TO BE CONVEYED, 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 southeast
of 312 Kothe Avenue, in the City of Waterloo, Iowa, and legally described as follows:
DESCRIPTION — CONVEYANCE TO NIHAD MASIC:
THAT PART OF THE PLATTED ALLEY IN BLOCK 3 OF ROSEBUD
ADDITION, CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA,
LYING NORTH OF THE NORTH LINE OF BREES STREET AS
CURRENTLY PLATTED, AND LYING SOUTH OF A LINE THAT IS 101
FEET FROM AND PARALLEL WITH THE SOUTHWESTERLY RIGHT OF
WAY LINE OF THE ILLINOIS CENTRAL RAILROAD (NOW CHICAGO,
CENTRAL AND PACIFIC), EXCEPT THE WEST HALF OF SAID ALLEY
ADJOINING LOTS 1 AND 4 OF SAID BLOCK 3, SUBJECT TO THE
RETENTION OF A PERMANENT PUBLIC UTILITY EASEMENT OVER,
UNDER, ACROSS AND UPON THE ABOVE DESCRIBED AREA.
DESCRIPTION — CONVEYANCE TO ALYSSA A. RONEY:
THE WEST HALF OF THE PLATTED ALLEY ADJOINING LOTS 1 AND 4
IN BLOCK 3 OF ROSEBUD ADDITION, CITY OF WATERLOO, BLACK
HAWK COUNTY, IOWA, SUBJECT TO THE RETENTION OF A
PERMANENT PUBLIC UTILITY EASEMENT OVER, UNDER, ACROSS
AND UPON THE ABOVE DESCRIBED AREA.
WHEREAS, an offer to purchase said vacated alley has been made by Nihad Masic, in
the amount of $700.00, and by Alyssa A. Roney, in the amount of $272.00, 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 Nihad Masic and Alyssa A. Roney, and
WHEREAS, it is the opinion of this Council that the 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 vacated alley located southeast of 312 Kothe 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 Nihad Masic, in the amount of $700.00 and Alyssa A. Roney, in the
Resolution 2023-312
Page 2
amount of $272,00, to purchase the vacated alley located southeast of 312 Kothe 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 Nihad Masic
and Alyssa A. Roney, 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 Nihad Masic and Alyssa A. Roney, upon execution of said
document and receipt of payment.
PASSED AND ADOPTED this 15th day of May 2023
ATTEST:
Kerrey 'Fefchfe
Kelley Felchle, City Clerk
CERTIFICATE
1JJ
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. 2023-312 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.
SEAL
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Kerrey FFefchre
Kelley Felchle, City Clerk