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HomeMy WebLinkAboutIDOT - Sale and Convey Easement (south of 804 Logan Ave) (RECORDED)-12/20/2021 Number: 202400006283 Recorded: 11/13/2023 at 12:26:51.0 PM County Recording Fee: $42.00 Iowa E-Filing Fee: $3.00 Combined Fee: $45.00 Revenue Tax: $0.00 Sandie L. Smith, RECORDER Black Hawk County, Iowa C3IowADOT Prepared by&Return To: Allyssa Myers, Right of Way Bureau,800 Lincoln Way,Ames, IA 50010,515-239-1757 Address Tax Statements: Tax Exempt-IA Code Sec.427.1 (Iowa DOT,ROW-Property Management, 800 Lincoln Way,Ames, IA 50010) QUITCLAIM DEED (CORPORATE GRANTOR) For the consideration of ZERO AND NO/100—($0.00) DOLLARS and other valuable consideration in hand paid by Iowa Department of Transportation, the CITY OF WATERLOO, IOWA, a municipal corporation organized and existing under the laws of the State of Iowa, does hereby convey to the STATE OF IOWA, all its right, title, estate, claim and demand in the following described real estate in Black Hawk County, Iowa: THE RIGHTS, TITLE, CLAIM, INTEREST, IF ANY, GRANTED IS TO LAND DESCRIBED AS FOLLOWS: A parcel of land located in part of Lots 17, 18, 23 and 48 of Auditor Rainbow's Plat No. 4 in Section 24, Township 89 North, Range 13 West in the City of Waterloo, Black Hawk County, Iowa as shown on acquisition plat, Exhibit"A", attached hereto and by reference made a part hereof. THE FEE SIMPLE TITLE GRANTED IS TO LAND DESCRIBED AS FOLLOWS: Commencing at the Northwest Corner of Lot 1 of said Auditor Rainbow's Plat No. 4; thence S 01°09'06"E 74.55 feet along the West line of said Lot 1 and East line of Logan Avenue to the Existing Northerly right of way line of the Chicago Central and Pacific Railroad Company; thence S 49°18'04"E 237.25 feet along said Existing Northerly right of way line to the point of beginning; thence continuing along said Northerly right of way line S 49°18'04"E 36.93 feet; thence N 00°00'00"E 62.77 feet; thence S 90°00'00"W 28.00 feet; thence S 00°00100"W 38.68 feet to the point of beginning. Said parcel contains 1,420 Square Feet. This quitclaim deed is given in fulfillment of a certain Purchase Agreement executed by the grantor on tY t►n 15 , 20 aa, and signed by the grantee on UpV ctvonx- t' , 20A3 , on file at the Right of Way Bureau, Iowa Department of Transportation, 800 Lincoln Way, Ames, Iowa 50010, except for those terms that survive the execution of this document. The additional amount of $0.00, as agreed to by the aforesaid Agreement, is paid as severance damages to the remaining property and is not subject to real estate transfer tax. This land is being acquired for public purposes and a Declaration of Value is not required. Iowa Code Sec. 428A.1. Black Hawk County Project No. NHSX-063-6(70)-3H-07 City of Waterloo (Parcel No. 73S) Page 1 ofAl This deed and transfer is exempt from transfer tax as the grantor is a political subdivision of the State of Iowa. Iowa Code Sec. 428A.2(6). Words and phrases herein, including acknowledgment hereof, shall be construed as in the singular or plural number, according to the context. Dated M /j , 200?2 CITY OF WATERLOO, IOWA By: 7 (Sign in Ink) Quentin M. Hart, Mayor By: (Sign in Ink) (AFFIX CORPORATE SEAL ABOVE) Kelley Felc , City Clerk STATE OF L )lti , COUNTY OF f:AC1..jc..-14LLA , ss: On this ,J day of A-e—V) , 20 2z-, before me, the undersigned, a Notary Public in and for said State, personally appeared Quentin M. Hart and Kelley Felchle,to me personally known, and, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Waterloo, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by authority of its City Council, as contained in the Resolution adopted by the City Council, under Roll Call No. l�o lc\ I of the City Council on the 76\4' day of Oec.erb-..b-e-- , 20 zl , and that Quentin M. Hart and Kelley Felchle acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. * ' NANCY HIGBY �4'�:''�•`7- COMMISSION NO.7S8229 • my (Sign in Ink) Not Publi (AFFIX NOTARIAL SEAL ABOVE♦) Black Hawk County Project No. NHSX-063-6(70)--3H-07 City of Waterloo (Parcel No. 73S) Page 2 of�'7 FORM 634-077 IOWA DEPARTMENT OF TRANSPORTATION 6-75 ACQUISITION PLAT GIOWADOT EXHIBIT "A" COUNTY BLACK HAWK STATE CONTROL NO. PROJECT NO. NHSX-63-6I70)--3H-07 PARCEL NO. 73S SECTION 24 TOWNSHIP 89 N RANGE 13 W ROW - FEE 1420 SO. FT. , EASE AC. EXCESS - FEE AC ACQUIRED FROM r. Square--\.iron pin AUDITOR RAINBOW'S l PLAT NO. 4 I �Fd. 1.5" pinched pipe Lot 4 I - ,---Fd. square iron pin Fd. twisted Fd. pinched 1' 41 iron pin pipe Lot 3 1 en Lot 14 URBAN ACRES Fd. #5 Fd. pinched , Rebar \i La pipe -♦ Fd. 1.5' pinched pipe Fd. Pipe Lot 2 I Lot 13 /—Fd. 1.5" pinched pipe YPC 386 I co Fd. Pipe—� R—Fd. 3/4" 1 YPC #386 Ipipe I Lot 12 East Line Lot 1 Fd. 1.5" pinched pipe Logan Ave.N. ———. — ———— Vacated Webster St. i\ Q EXISTING ROW LINE \ Webster 5t. Lot Lot Lot Lot --" 15 16 17 1e CITY OF WATERLOO. IOWA 00 N Q © FEE ACQUISITION AREA 1420 SQUARE FEET ` _ Lot 23 A-B S 01°09'06"E 74.55' ill- B-C S 49°18'04"E 237.25' e 44 Lot 48 C-D S 49°18'04"E 36.93' pob D-E N 00'00'00"E 62.77' D E-F S 90°00'00"W 28.00' F-C S 00°00'00"W 38.68' B-I-I S 01°09'06"E 343.11' 0.4/9/y ©STA 77+17.20 Lot 1 .04 (4 F.9, 77.79' C'/A'p C 9pk O STA 76+92.71 CD AUDITOR RAINBOW'S 0 4) F,I, 50.15' .Q Fd. 5/8" rebor PLAT NO. 1 4f / /.I, with YPC ——— I C,p4,0 P °STA 747 25.46 2' Lot 2 I O STA 77+55.88 PT STA 74+81.88—► 1 77.22' eCcli r Lot 3 Lot 5 co 0 c0 e'x Lot4 fr.O/ Fd. 5/8" rebor—� O�0 with YPC • 'O 00 'x. '0 A'9 0 > C 0 0' 0 NYPC = YELLOW PLASTIC CAP I hereby certify that this land Surveying document was o�pL LANp S prepared and the related survey work was preformed by me or SCALE: 1" = 100' S� G,A under my personal supervision and that I am duly licensed �4 professional Land Surveyor under the laws of the state of Iowa. r< MIRANDA K. c9 1 0 EILDERS o "i 4fI«n.+1 � ( —I'-71 J C-- 0' 50' 100' p �\ 93} Miranda K. Ethers Dote License nuiDer 22293 My License renewal date is Decertber 31. 2021 l01lA DATE DRAWN 3-11-2021 dcc Pages or sheets covered by this seat. 1 30.C. 1 Prepared by LeAnn M. Even, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319)291-4323. RESOLUTION NO. 2021-792 RESOLUTION AUTHORIZING THE SALE AND CONVEYANCE OF CITY PROPERTY AND GRANT OF A PERMANENT EASEMENT LOCATED SOUTH OF 804 LOGAN AVENUE TO THE STATE OF IOWA, IN THE AMOUNT OF $1.00, AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE SAID DOCUMENTS. WHEREAS, the City of Waterloo, Iowa is the legal owner of vacated City owned right- of-way, located south of 804 Logan Avenue, in the City of Waterloo, Iowa, and legally described as follows: PARCEL NO. 73S, REGARDING CERTAIN REAL ESTATE IN PARTS OF VACATED WEBSTER STREET, LOTS 15, 16, 17, 18, 23 AND 48 OF AUDITOR RAINBOW'S PLAT NO. 4 IN SECTION 24, TOWNSHIP 89 NORTH, RANGE 13 WEST, IN THE CITY OF WATERLOO, BLACK HAWK COUNTY,IOWA and, WHEREAS, an offer to purchase said parcel of real property, in the amount of$1.00,has been made by the State of Iowa, and WHEREAS, a public hearing was held on December 20, 2021 at 5:30 p.m., as provided by law, by the Council of the City of Waterloo, Iowa, on the proposal to sell and convey said premises owned by the City of Waterloo, Iowa,to the State of Iowa, 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 City owned right-of-way, located south of 804 Logan Avenue, in the City of Waterloo, Iowa, as fully described in the published notice in the Waterloo Courier December 10, 2021, 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 the State of Iowa, to purchase the property located south of 804 Logan Avenue, in the City of Waterloo, Iowa, for the sum of$1.00, is hereby accepted, for the real property legally described above. 3. That the City of Waterloo, Iowa conveys said parcel of real property to the state of Iowa, by quit claim deed, with the retention of a permanent easement for ingress/egress over portions of the areas to be conveyed. 4. That the Mayor and City Clerk are authorized and directed to execute said deed. 5. That the original of said quit claim 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 the State of Iowa,upon receipt of the sum of$1.00. y o- 1 Resolution 2021-792 Page 2 PASSED AND ADOPTED this 20th day of December 2021. Oe_4.4 i/1 j—{ SOTIIGN Eo Quentin Hart,Mayor ATTEST: Kerrey Felchle WALLY 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. 2021-792 as passed and adopted by the City Council of the City of Waterloo, Iowa, on the 20th day of December 2021. Witness my hand and seal of office this 20t day of December 2021. �eCCey Fefc(i1 SIGN D Kelley Felchle, City Clerk SEAL ER/o.. JCP i r01M I i • ll • ..A\ 5 o-P 1 Prepared by LeAnn M. Even, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319)291-4323. RESOLUTION NO. 2021-793 RESOLUTION APPROVING A PURCHASE AGREEMENT WITH THE IOWA DEPARTMENT OF TRANSPORTATION, ACTING FOR THE STATE OF IOWA, FOR A PORTION OF VACATED WEBSTER STREET, AND AUTORIZING THE MAYOR AND CITY CLERK TO EXECUTE SAID DOCUMENT. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA that the Real Estate Purchase Agreement dated December 20, 2021, between the Iowa Department of Transportation, acting for the State of Iowa, in conjunction with Black Hawk County Project No. NHSX-63-6(70)--3H-07, for the purchase of a portion of vacated Webster Street, and legally described as follows: PARCEL NO. 73S, REGARDING CERTAIN REAL ESTATE IN PARTS OF VACATED WEBSTER STREET, LOTS 15, 16, 17, 18, 23 AND 48 OF AUDITOR RAINBOW'S PLAT NO. 4 IN SECTION 24, TOWNSHIP 89 NORTH, RANGE 13 WEST IN THE CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA in the amount of$1.00, is hereby approved and the Mayor and City Clerk are authorized and directed to execute said documents on behalf of the City of Waterloo,Iowa. PASSED AND ADOPTED this 20th day of December 2021. JCL/Q�I" I�1 rl G("T OIEcxLnSelma Quentin Hart, Mayor ATTEST: 7(effey Eetchle WALLY 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.2021-792 as passed and adopted by the City Council of the City of Waterloo,Iowa, on the 20th day of December 2021. Witness my hand and seal of office this 20th day of December 2021. 7(effey cFefchfe SIGNED Kelley Felchle, City Clerk SEAL : Pt ERl o:i �!/ /4 !p AO.: *** Proof of Publication *** State of Iowa Black Hawk County NOTICE OF PLHUC HEAFUNG TO WNO.I IT UAY CONCERN' Nabob a.tw.by p..r,.of on am 15.t dry et Mor mb.t 2021.aI 5:36 pm in 01.Harald E.Golly faunal ChrM.ra n dt.Coy Hatt n dv Coy at Walla*,lawn. a wbbc homing wil b. I,.td by dw Coutol of to City al Watoloo,Iowa to a,gan:r daa aria and oonvwf of City Prap4011 and pan d a permanent blown*baba aatl, a 864 Logan Aroma n Omrho=cum al 1I 06.to 1 Waterloo, City of-Legals are fasw. 1403I1y daanbfd as taiawo: A pa,Gl of Land lapC 0 n part tl Lom 17. 18.23 and 48 d Amato.RarltbOal:Peat No 4 si."..aunty 2a,Tawrotim 80 North. 715 MULBERRY ST. „o.11 C 1tr;;33[Man crt •aH� plat, n.ba •A% aaaah d WATERLOO IA 50703 twit* and by wlm00oo road*a pan n«.at. THE FEE DIMPLE TITLE GRANTED G TO LAID DESCRIBED AS FOLLOWS Cpmnwaitp to the None aal Comm of La I of taId Auditor R.fnboKa Pba No. h*was S 0119068'E 74 SS leer aon0 ORDER NUMBER 206936 dM Weal l.wat rid Lot 1 as Ea-al lam al Logan Avarua co d»Erin g Nardwny 0td of way No.of M Chcdpa C.rtlral and Pnate Rst oat Company.than.C. I, Michelle Graham, being duly sworn, on oath,do depose and say that Enaaro Nootiorry whi'ot%•ea I am Customer Services Representative of The Waterloo Cedar Falls pool a barring; aa,Ina C a NaA.7 away* C. 30.1y3 dwrlo. N Courier and I am authorized to make this affidavit,that The Waterloo CareereCrE 62J7 feat theme oaroOro0 W 28A0 tam Owe* n Cedar Falls Courier is a daily newspaper regularly published and 00.GOVITIV d�Parlw 0 thoarda Pow of hotttrono printed in the English language in the City of Waterloo, Black Hawk Sawar.F«I County, Iowa, and has a general circulation in the said city and county; AAp,roofatte dHxmMnpanei;coma Wsba1«5a..1 Lem 15.18.17._3 and and that I personally know that the notice, a true copy of which is A8 of Abe10.�"hoyr a Plat Na a ti S.'81an 21.To y 0101 d0 Nall.Ramp 13 hereto affixed,was published in the Waterloo Cedar Falls Courier on load o Y' , EWA On Graph, Etdfb1 A.-AT =woad NANO and oy the following days,to-wit: td.r.namad.a panlwwaf. THE EASEMENT RIGHT GRANTED FOR INGRECCIEQAEEC PURPOSES IS TO LAND OETCPoEEO AG FOLLOWS. Bcund.d an dos Soudrw.ot by M Nordt.dy nyx of way 1st of Ow Crli0apa Corona and Pond.:Rtibo*a.on ow Eaat by da moat lma of 1M wool of bad acquoad try the Soom of lowa an it BR_Po T on dvti tixh.aat by 41,029 32 lose Nnnh.ry of and parotid lrxh 1M Noath.ey NIP N nay Itnd 01 d1.Chap*C.nn00 and Ponta Saimaa.an dad Not by Ma tooth Meo of oat I oI wad&veleta Ra'ntow Plat No,4; and co»»wkt by dw soot boa of Loom A/M.. Cana Yprw�Etr+aa...Yount aonmc>Y 6853 aquma.Hot Any*.vdnl u mt.rsca.d may *pow at :ad on.and plan.are b.hard m may Me whew eb,staw,not.1.Goy CWa, Coy Ran.Wat noo.Iowa.Wont tM des UK lot*ail hearing. Section: Legals By roar of Om Courted of dw Dry 01 Vrarode*dap dal day d Drwmbv Star Category: 950 Legal Notice 1Fw.Coy Cleo( PUBLISHED ON: 12/10/2021 TOTAL AD COST: 39.90 FILED ON: 4/22/2022 That the issues of said paper containing said notice were duly circulated in the regular manner. Gc.---CCU---7 r S'`!Ltr CARMEN MAE STE)HEtttS o 'C COMMISSION NO.8338 51 * tlii h * MY TIMTSIOITIRES Aw C J I� for 'd�Mary Public m and � unty