HomeMy WebLinkAbout2023-658-10.16.2023 (RESCINDED) Resolution was rescinded April 1, 2024, by Resolution No. 2024-168.
Prepared by LeAnn M. Even, Deputy City Clerk, City of Waterloo, 715 Mulberry Street,
Waterloo, IA 50703, (319) 291-4323.
RESOLUTION NO. 2023-658
RESOLUTION APPROVING THE SALE AND CONVEYANCE
OF APPROXIMATELY SIXTY ACRES OF CITY-OWNED
PROPERTY LOCATED EAST OF 4342 ANSBOROUGH
AVENUE AT THE SOUTHEAST CORNER OF THE
ANSBOROUGH AVENUE AND HIGHWAY 20
INTERCHANGE, TO PWM COMPANIES, LLC, IN THE
AMOUNT OF $36,000.00 PER ACRE, APPROXIMATELY
$2,160,000.00, FOR THE CONSTRUCTION OF COMMERCIAL
BUILDINGS, AND AUTHORIZING THE MAYOR AND CITY
CLERK TO EXECUTE SAID DOCUMENTS.
WHEREAS, the City of Waterloo, Iowa is the owner of prop cated ea f 4342
Ansborough Avenue at the southeast corner of the Ansboroug enu d Hig ay 20
Interchange, in the City of Waterloo, Iowa, and legally described foll s:
THE SOUTHWEST QUARTER (SW 1/4) OF TH OR EST Q A TER
(NW 1/4) OF SECTION 9, TOWNSHIP 88 , N 13 ST OF
THE FIFTH PRINCIPAL MERIDIAN OF E BLACK
HAWK COUNTY, STATE OF IOW E T TH W T 33 FEET
THEREOF, AND EXCEPT TRACTS A BA SCR ED IN LD BOOK
539 PAGE 982, AND EXCEPT FEE TRAC AND B AS DESCRIBED IN
DOCUMENT NO. 2006-873, AND EXCEPT THAT PART DESCRIBED IN
DOCUMENT NO. 2012-16922, ALL FILED THE BLACK HAWK
COUNTY RECORDER'S FICA;
AND
THAT PART OF THE ST HALF (E THE NORTHWEST QUARTER
(NW 1/4) OF SECTIO 9, TOWNS,HI 8 NORTH, RANGE 13 WEST OF
THE FIFTH P, IP L MERID N, CITY OF WATERLOO, BLACK
HAWK COUNTY, TATE 017 OWA, LYING SOUTHERLY OF US
HIGHWA NO. 20 AS DESCRIBED IN LD BOOK 539 PAGE 996, AND
EXCEP T PART CONVEYED TO THE STATE OF IOWA IN DOC. NO.
2006- 78, L FI D THE BLACK HAWK COUNTY RECORDER'S
OFFIC ,
4S
ND
THE ORT QUARTER (NW 1/4) OF THE SOUTHWEST QUARTER
W 1/4 OF S ION 9, TOWNSHIP 88 NORTH, RANGE 13 WEST OF THE
FIFTH PAL MERIDIAN, CITY OF WATERLOO, BLACK HAWK
CO TY STATE OF IOWA, EXCEPT THE WEST 33 FEET THEREOF,
AND CEPT THAT PART THEREOF DESCRIBED IN DOCUMENT NO.
2012- 6922, AND EXCEPT THAT PART THEREOF DESCRIBED IN LAND
DEEDS BOOK 567 PAGE 633, AND EXCEPT THAT PART THEREOF
DESCRIBED IN LAND DEEDS BOOK 569 PAGE 42, ALL FILED IN THE
BLACK HAWK COUNTY RECORDER'S OFFICE;
AND
THE NORTHEAST QUARTER (NE 1/4) OF THE SOUTHWEST QUARTER
(SW 1/4) OF SECTION 9, TOWNSHIP 88 NORTH, RANGE 13 WEST OF THE
FIFTH PRINCIPAL MERIDIAN, CITY OF WATERLOO, BLACK HAWK
COUNTY, STATE OF IOWA;
AND
THE NORTH HALF (N 1/2) OF THE SOUTH HALF (S 1/2) OF THE
SOUTHWEST QUARTER (SW 1/4) OF SECTION 9, TOWNSHIP 88 NORTH,
RANGE 13 WEST OF THE FIFTH PRINCIPAL MERIDIAN, CITY OF
WATERLOO, BLACK HAWK COUNTY, STATE OF IOWA, EXCEPT THE
WEST 385 FEET THEREOF;
Resolution 2023-658
Page 2
AND
THAT PART OF THE WEST HALF (W 1/2) OF THE NORTHEAST
QUARTER (NE 1/4) OF SECTION 9, TOWNSHIP 88 NORTH, RANGE 13
WEST OF THE FIFTH PRINCIPAL MERIDIAN, CITY OF WATERLOO,
BLACK HAWK COUNTY, STATE OF IOWA, DESCRIBED AS BEGINNING
AT THE CENTER OF SAID SECTION; THENCE NORTH 0° 03' WEST
1033.5 FEET ALONG THE WEST LINE OF SAID NORTHEAST QUARTER;
THENCE SOUTH 890 191/2` WEST 920.5 FEET; THENCE SOUTH 260 56'
WEST 508.5 FEET; THENCE SOUTH 00 541/2' WEST 561.8 FEET TO A
POINT ON THE SOUTH LINE OF SAID NORTHEAST QUARTER; THENCE
SOUTH 890 211/2 ' WEST 680.4 FEET ALONG SAID SOUTH LINE TO THE
POINT OF BEGINNING.
SUBJECT TO EASEMENTS, RESTRICTIONS, COVENANTS,
ORDINANCES, AND LIMITED ACCESS PROVISIONS OF RECORD AND
NOT OF RECORD.
WHEREAS, an offer to purchase said city-owned property, in th ount 6,000.00
per acre, approximately $2,160,000.00, has been made by PWM Comp s, LLC, an
WHEREAS, a public hearing was held on October 16, 2023, at 5:30 p. the arold E.
Getty Council Chambers, City Hall, Waterloo, Iowa, as provided by law t e ncil of the
City of Waterloo, Iowa, on the proposal to sell and convey premises owne the City of
Waterloo, Iowa, to PWM Companies, LLC, for the construction of commercial ildings, and
WHEREAS, it is the opinion of this Counc' that sale and nv yance should be made
as proposed.
Afta-
NOW, THEREFORE, IT IS HE BY RESOLV BY E COUNCIL OF THE CITY
OF WATERLOO, IOWA, AS FOLLO
1. The city-owned prop ate t of Ansborough Avenue at the southeast
corner of the Ansborough Avenue and Highw 0 terchange, in the City of Waterloo, Iowa,
as fully described in the ublished notice in the aterloo Courier on October 5, 2023, is not
presently needed, and w' not be needed in th foreseeable future for municipal purposes, and its
ownership is serving n municipal pu e
2. That e o er of PWM Companies, LLC, to purchase the city-owned property, located
east of 434 nsbor gh avenue at the southeast corner of the Ansborough Avenue and
Highway 20 Interchange, in the City of Waterloo, Iowa, in the amount of $36,000.00 per acre,
approximately $2,160,000.00, is hereby accepted for said property.
That theyCiof Waterloo, Iowa conveys said parcel of real property to PWM
Compan es, LLC, by special warranty deed.
4. That the Mayor and City Clerk are authorized and directed to execute said deed.
5. That the original of said special 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 PWM Companies, LLC upon execution of said document and
receipt of payment as set out in the executed Offer to Buy and Acceptance Contract executed
upon sale of the property.
PASSED AND ADOPTED this 16th day of October 2023.
Resolution 2023-658
Page 3
Ray Feuss, Mayor Pro Tem
ATTEST:
LeAnn M. Even, Deputy City Clerk
CERTIFICATE
I, LeAnn M. Even, Deputy City Clerk of the City of Wate o, Iowa, do ereby certify
that the preceding is a true and complete copy of Resolution N . -65 as passed and adopted
by the City Council of the City of Waterloo, Iowa, on the 16th a o ober 20 3.
Witness my hand and seal of office this 16'h d October 3.
eA M. Even, Deputy City Clerk
SEAL
0* A r4
Prepared by LeAnn M. Even, Deputy City Clerk, City of Waterloo, 715 Mulberry Street,
Waterloo, IA 50703, (319) 291-4323.
RESOLUTION NO. 2023-658
RESOLUTION APPROVING THE SALE AND CONVEYANCE
OF APPROXIMATELY SIXTY ACRES OF CITY -OWNED
PROPERTY LOCATED EAST OF 4342 ANSBOROUGH
AVENUE AT THE SOUTHEAST CORNER OF THE
ANSBOROUGH AVENUE AND HIGHWAY 20
INTERCHANGE, TO PWM COMPANIES, LLC, IN THE
AMOUNT OF $36,000.00 PER ACRE, APPROXIMATELY
$2,160,000.00, FOR THE CONSTRUCTION OF COMMERCIAL
BUILDINGS, AND AUTHORIZING THE MAYOR AND CITY
CLERK TO EXECUTE SAID DOCUMENTS.
WHEREAS, the City of Waterloo, Iowa is the owner of property located east of 4342
Ansborough Avenue at the southeast corner of the Ansborough Avenue and Highway 20
Interchange, in the City of Waterloo, Iowa, and legally described as follows:
THE SOUTHWEST QUARTER (SW 1/4) OF THE NORTHWEST QUARTER
(NW 1/4) OF SECTION 9, TOWNSHIP 88 NORTH, RANGE 13 WEST OF
THE FIFTH PRINCIPAL MERIDIAN, CITY OF WATERLOO, BLACK HAWK
COUNTY, STATE OF IOWA, EXCEPT THE WEST 33 FEET THEREOF, AND
EXCEPT TRACTS A AND B AS DESCRIBED IN LD BOOK 539 PAGE 982,
AND EXCEPT FEE TRACTS A AND B AS DESCRIBED IN DOCUMENT
NO. 2006-873, AND EXCEPT THAT PART DESCRIBED IN DOCUMENT
NO. 2012-16922, ALL FILED IN THE BLACK HAWK COUNTY
RECORDER'S OFFICE;
AND
THAT PART OF THE EAST HALF (E 1/2) OF THE NORTHWEST QUARTER
(NW 1/4) OF SECTION 9, TOWNSHIP 88 NORTH, RANGE 13 WEST OF
THE FIFTH PRINCIPAL MERIDIAN, CITY OF WATERLOO, BLACK HAWK
COUNTY, STATE OF IOWA, LYING SOUTHERLY OF US HIGHWAY NO.
20 AS DESCRIBED IN LD BOOK 539 PAGE 996, AND EXCEPT THAT PART
CONVEYED TO THE STATE OF IOWA IN DOC. NO. 2006-18278, ALL
FILED IN THE BLACK HAWK COUNTY RECORDER'S OFFICE;
AND
THE NORTHWEST QUARTER (NW 1/4) OF THE SOUTHWEST QUARTER
(SW 1/4) OF SECTION 9, TOWNSHIP 88 NORTH, RANGE 13 WEST OF THE
FIFTH PRINCIPAL MERIDIAN, CITY OF WATERLOO, BLACK HAWK
COUNTY, STATE OF IOWA, EXCEPT THE WEST 33 FEET THEREOF, AND
EXCEPT THAT PART THEREOF DESCRIBED IN DOCUMENT NO. 2012-
16922, AND EXCEPT THAT PART THEREOF DESCRIBED IN LAND
DEEDS BOOK 567 PAGE 633, AND EXCEPT THAT PART THEREOF
DESCRIBED IN LAND DEEDS BOOK 569 PAGE 42, ALL FILED IN THE
BLACK HAWK COUNTY RECORDER'S OFFICE;
AND
THE NORTHEAST QUARTER (NE 1/4) OF THE SOUTHWEST QUARTER
(SW 1/4) OF SECTION 9, TOWNSHIP 88 NORTH, RANGE 13 WEST OF THE
FIFTH PRINCIPAL MERIDIAN, CITY OF WATERLOO, BLACK HAWK
COUNTY, STATE OF IOWA;
AND
THE NORTH HALF (N 1/2) OF THE SOUTH HALF (S 1/2) OF THE
SOUTHWEST QUARTER (SW 1/4) OF SECTION 9, TOWNSHIP 88 NORTH,
RANGE 13 WEST OF THE FIFTH PRINCIPAL MERIDIAN, CITY OF
WATERLOO, BLACK HAWK COUNTY, STATE OF IOWA, EXCEPT THE
WEST 385 FEET THEREOF;
AND
Resolution 2023-658
Page 2
THAT PART OF THE WEST HALF (W 1/2) OF THE NORTHEAST
QUARTER (NE 1/4) OF SECTION 9, TOWNSHIP 88 NORTH, RANGE 13
WEST OF THE FIFTH PRINCIPAL MERIDIAN, CITY OF WATERLOO,
BLACK HAWK COUNTY, STATE OF IOWA, DESCRIBED AS BEGINNING
AT THE CENTER OF SAID SECTION; THENCE NORTH 0° 03' WEST
1033.5 FEET ALONG THE WEST LINE OF SAID NORTHEAST QUARTER;
THENCE SOUTH 89° 19%2` WEST 920.5 FEET; THENCE SOUTH 26° 56'
WEST 508.5 FEET; THENCE SOUTH 0° 541/2' WEST 561.8 FEET TO A
POINT ON THE SOUTH LINE OF SAID NORTHEAST QUARTER; THENCE
SOUTH 89° 211/2 ' WEST 680.4 FEET ALONG SAID SOUTH LINE TO THE
POINT OF BEGINNING.
SUBJECT TO EASEMENTS, RESTRICTIONS, COVENANTS,
ORDINANCES, AND LIMITED ACCESS PROVISIONS OF RECORD AND
NOT OF RECORD.
WHEREAS, an offer to purchase said city -owned property, in the amount of $36,000.00
per acre, approximately $2,160,000.00, has been made by PWM Companies, LLC, and
WHEREAS, a public hearing was held on October 16, 2023, 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 PWM Companies, LLC, for the construction of commercial buildings, 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 city -owned property located east of 4342 Ansborough Avenue at the southeast
corner of the Ansborough Avenue and Highway 20 Interchange, in the City of Waterloo, Iowa, as
fully described in the published notice in the Waterloo Courier on October 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 PWM Companies, LLC, to purchase the city -owned property, located
east of 4342 Ansborough Avenue at the southeast corner of the Ansborough Avenue and
Highway 20 Interchange, in the City of Waterloo, Iowa, in the amount of $36,000.00 per acre,
approximately $2,160,000.00, is hereby accepted for said property.
3. That the City of Waterloo, Iowa conveys said parcel of real property to PWM
Companies, LLC, by special warranty deed.
4. That the Mayor and City Clerk are authorized and directed to execute said deed.
5. That the original of said special 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 PWM Companies, LLC upon execution of said document and
receipt of payment as set out in the executed Offer to Buy and Acceptance Contract executed
upon sale of the property.
PASSED AND ADOPTED this 16th day of October 2023.
Resolution 2023-658
Page 3
ATTEST:
-56,91- u O L. c '1 frt
LeAnn M. Even, Deputy City Cle
CERTIFICATE
I2c.7 Fe_ L/55
Ray Feuss, Mayor Pro Tem
I, LeAnn M. Even, Deputy City Clerk of the City of Waterloo, Iowa, do hereby certify
that the preceding is a true and complete copy of Resolution No. 2023-658 as passed and adopted
by the City Council of the City of Waterloo, Iowa, on the 16th day of October 2023.
SEAL
Witness my hand and seal of office this 16th day of October 2023.
-&2tru/ttyt.
LeAnn M. Even, Deputy City Cle
� O
eire fee
iPm§ „IP1l11IlI11lI
Xvi