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HomeMy WebLinkAbout2023-658-10.16.2023 (RESCINDED) Resolution was rescinded April 1, 2024, by Resolution No. 2024-168.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