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HomeMy WebLinkAbout2021-792-793-12.20.2021 (RECORDED) OII III II 1E0101 II Doc ID: 012049720010 Type: GEN Recorded: 12/18/2023 at 11:47:23 AM Fee Amt: $52.00 Page 1 of 10 Black Hawk County Iowa SANDIE L. SMITH RECORDER File2024_00007863 A Prepared by: LeAnn M. Even, Deputy City Clerk,715 Mulberry St.,Waterloo, IA 50703; (319)291-4327 STATE OF IOWA ) )ss: AFFIDAVIT BLACK HAWK COUNTY ) I, LeAnn M. Even, Deputy City Clerk for the City of Waterloo, Iowa, do hereby state as follows: That Resolution No.s 2021-792 and 2021-793 which were recorded on November 13, 2023 as part of Quitclaim Deed Document ID No. 202400006283 and Resolution No. 2021-792 which was recorded on November 20, 2023 as part of Easement for Ingress and Egress Document ID No. 202400006669, contained a scriveners' error in the legal descriptions and are null and void. Revised resolutions No. 2021-792 and 2021-793 are attached with the corrected legal descriptions. Dated this 18th day of December 2023. RO-1(\r , fO'CW\ LeAnn M. Ev n, Deputy City Clerk SEAL 4 C�` WA Tl� TA. # I11 111 1 n s y...�.;.. 4 Subscribed and sworn to before me by the said LeAnn M. Even on this 13th day of December, 2023. • s°� �FIrCO (‘ .A m »x 8 i h 1 D. Ak' ,Nota y Public in and for the State - .► �� �b¢: of Iowa. t1717i.,i. .`il (5) )0 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 the vacated City-owned right-of-way, located south of 804 Logan Avenue, in the City of Waterloo, Iowa, and legally 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°00'00"W 38.68 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 1,420 SQUARE FEET. AND THE EASEMENT RIGHT GRANTED FOR INGRESS/EGRESS PURPOSES IS TO LAND DESCRIBED AS FOLLOWS: A PARCEL OF LAND LOCATED IN PART OF VACATED WEBSTER STREET, LOTS 15, 16, 17, 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 GRAPHIC EXHIBIT "A", ATTACHED HERETO AND BY REFERENCE MADE A PART HEREOF. BOUNDED ON THE SOUTHWEST BY THE NORTHERLY RIGHT OF WAY LINE OF THE CHICAGO CENTRAL AND PACIFIC RAILROAD; ON THE EAST BY THE WEST LINE OF THE PARCEL OF LAND ACQUIRED BY THE STATE OF IOWA ON , IN BK PG "; ON THE NORTHEAST BY A LINE 29.32 FEET NORTHERLY OF AND PARALLEL WITH THE NORTHERLY RIGHT OF WAY LINE OF THE CHICAGO CENTRAL AND PACIFIC RAILROAD; ON THE NORTH BY THE SOUTH LINE OF LOT 1 OF SAID AUDITOR'S RAINBOW PLAT NO. 4; AND ON THE WEST BY THE EAST LINE OF LOGAN AVENUE. SAID Resolution 2021-792 Page 2 INGRESS/EGRESS EASEMENT CONTAINS 6853 SQUARE FEET. 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, and WHEREAS, the State of Iowa has requested a permanent easement for purposes of ingress and egress for the above-described property. 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 on 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. 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. 7. That a permanent easement for purposes of ingress and egress of the above-described property, is hereby approved and confirmed by this council. PASSED AND ADOPTED this 20`h day of December 2021. uC erd 1-tar( 01611:11w SIGNED — Quentin Hart, Mayor -vim ATTEST: Kelley c'elchle SIGNED - Kelley Felchle, City Clerk Resolution 2021-792 Page 3 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 201h day of December 2021. Witness my hand and seal of office this 20th day of December 2021. Kelley Felchle Kelley Felchle, City Clerk SEAL l .... 17* *f ; o 51,E r•r FORM 6-73 634-077 IOWA DEPARTMENT OF TRANSPORTATION ACQUISITION PLAT glOWADOT EXHIBIT "A" COUNTY BLACK HAWK STATE CONTROL NO. PROJECT NO, NHSX-63-6(70)--3H-07 PARCEL NO. 735 SECTION 24 TOWNSHIP 89 N RANGE 13 W ROW - FEE 1420 SO. FT. , EASE AC. EXCESS - FEE AC ACQUIRED FROM Fd. Square iron pin AUDITOR RAINBOW'S I PLAT NO. 4 Fd. 1.5" pinched pipe Lot 4 I IF or -Ed. square iron pin Ed. twisted Ed. pinched—NI 111 iron Pi °i.e114 c Lot 3 I In Lot 14 URBAN ACRES Fd. tt5 Ed. inched—\ Rebor I w Pipe —0 Ed. 1.5' pinched pipe Fd. YPC 3868 Lot 2 7 Lot 13 Fd. 1.5" pinched papa o Ed. Pipe---4' Fd. 3/4" • YPC #386 I pipe 1 Lot 12 East Line Lot 1 N. Logan Ave. .,` ——— Ed• 1.5" pinched pips Vacated Webster St. 0 EXISTING ROW LINE \ Webster St. Lot Lot Lot 15 16 18 CITY OF WATERLOO, IOWA ,o N O GO FEE ACQUISITION AREA 1420 SOUARE FEET Nu 40 Lot 23 A-8 S 01'09'06"E 74.55' O B-C S 49'18'04"E 237.25' Lot 48 C-D S 49'18'04"E 36.93' pob 0 0-E N 00'00'00"E 62.7?' E-F S 90°00'00"W 28.00' . F-C S 00°00'00"W 38.68' t B-H S 01°09'06"E 343.11' d ls STA 77+17.20 Lot 1 qC ,4„p © 77.79' !n 9 STA 76+92.71 O AUDITOR RAINBOW'S fc cF��` 50.15' Fd. 5/8" rebor PLAT NO. 1 9q/4'r,Pl/4/ with YPC ——— I ! 4 4' E STA 77+55.46 ��40 149.22' Lot 2 I () STA 77+55.88 PT STA 74+81.88—. (t 77.22' c'5/ Lot 3 Lot 5 N) Lot 4 �, O/ Fd. 5/8" rebor- 0 .. 1> with YPC A oo jx. .0 11) > a c 0 Is 0 YPC = YELLOW PLASTIC C.AP t toreby certify that this Iona surveying document was o,0, talk)S prec.raa and the related survey wort, was preformed by me or SCALE 1" = 100' r�1 G use^ my personal supervision one Ihat tom duly licensed �'� prof,a Zonal Lard Surveyor under the lows of the state of Iowa. li1RANDTi A K. t4 EILDERS O �'i"1 �rL�cC,i .�cl �'J-1 L\ 100' w 22293 Date 0' 50' uirc.da K. Enders License number 22293 u IOW A y L cense renewol date is Decanter 31. 2021 DATE DRAWN 3-11-2021 dao Page or sheets covered by this seal. I FORM634-011 IOWA DEPARTMENT OF TRANSPORTATION 6-75 GRAPH I C EXHIBIT "A" 0IOWADOT COUNTY BLACK HAWK STATE CONTROL NO. -- PROJECT NO. NHSX-63-6(7O)--3H-O7 PARCEL NO. 73S SECTION 24 TOWNSHIP 89 N RANGE 13 W ROW - FEE . EASE 6853 SO. FT. EXCESS - FEE AC ACQUIRED FROM iron pine--\ AUDITOR RAINBOW'S I PLAT NO. 4 I 7---Fd. 1.5 pinched pipe Lot 4I Fd. square Iron pin • Fd. twisted Fd. pinched---Ni 03 iron pin pipe I !! c Lot 3 cri Lot 14 URBAN ACRES Fd. pinched Ed. ts5 Pipe Rebar —Mil w Fd. Pipe I Fd. 1.5' pinched pipe YPC 386 Lot 2 I Lot 13 Fd. 1.5" pinched pipe East Line • Logan Ave.N Fd. Pip6e--� R---Fd. 3/4" YPC #38 I PiPe I Lot 12 Lot 1 �Fd. 1.5" pinched pipe Vaco ed Webster St. i — , EXISTING ROW LINE \ Webster St. /J/,, Lot 1:;., 5 Lot Lot Lot ass`, 16 1' 18 CITY OF WATERLOO, IOWA O FA,., ,. s6, ( 29.32' . , For Lot23 INGRESS/EGRESS EASEMENT AREA Lot 48 6853 SQUARE FEET PROPOSED FEE TITLE AREA ,I, Na / cy RryF Lot 1 \\N '"I,. 4 11 AUDITOR RAINBOW'S QQO Fd. 5/8" rebor® PLAT NO. 1 with YPC — — — I Lot 2 I PT STA T4+81.88. ... 5 Lot Lot 5 00 o ox Lot 4 p./ Fd. 5/8" rebor---� 0g70 with YPC • A x. IC' 9,� a) > Q C 0 CP 0 �I J N SCALE: 1" = 100' I•iiiir!!!!! 0' 50' 100' ?PC = YELLOW PLASTIC CAP DATE DRAWN 5-19-2021 dcc 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 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 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: 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°00'00"W 38.68 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 1,420 SQUARE FEET. AND THE EASEMENT RIGHT GRANTED FOR INGRESS/EGRESS PURPOSES IS TO LAND DESCRIBED AS FOLLOWS: A PARCEL OF LAND LOCATED IN PART OF VACATED WEBSTER STREET, LOTS 15, 16, 17, 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 GRAPHIC EXHIBIT "A", ATTACHED HERETO AND BY REFERENCE MADE A PART HEREOF. BOUNDED ON THE SOUTHWEST BY THE NORTHERLY RIGHT OF WAY LINE OF THE CHICAGO CENTRAL AND PACIFIC RAILROAD; ON THE EAST BY THE WEST LINE OF THE PARCEL OF LAND ACQUIRED BY THE STATE OF IOWA ON , IN BK PG "; ON THE NORTHEAST BY A LINE 29.32 FEET NORTHERLY OF AND PARALLEL WITH THE NORTHERLY RIGHT OF WAY LINE OF THE CHICAGO CENTRAL AND PACIFIC RAILROAD; ON THE NORTH BY THE SOUTH Resolution 2021-793 Page 2 LINE OF LOT 1 OF SAID AUDITOR'S RAINBOW PLAT NO. 4; AND ON THE WEST BY THE EAST LINE OF LOGAN AVENUE. SAID INGRESS/EGRESS EASEMENT CONTAINS 6853 SQUARE FEET. 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 20tt, day of December 2021. QCGe d tn. 9z 1IGNED — Quentin Hart, Mayor ATTEST: Kelley Felchle 51GNEb 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. 2021-793 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. 7elley Felchle _ Kelley Felchle, City Clerk SEAL l =1 II Y3 ' • so w Q.,. • FORM 634-077 FORS IOWA DEPARTMENT OF TRANSPORTATION ACQUISITION PLAT ?IOWADOT 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 Fd. Square iron pin A AUDITOR RAINBOW'S ! PLAT NO. 4 ' Fd. 1.5" pinched pipe Lot 4 1 ,e—Fd. square iron pin Fd. twisted Fd. pinched iron pin .ipe rA c I Lot 3 1 N Lot 14 URBAN ACRES Fd.Fpdp pinched--. Reborr w ] Fd. Pipe Lot 2 Fd. 1.5' pinched pipe YPC 386 Lot 13 Fd. 1.5" pinched pipe Q Fd. Pipe—� 4' --Fd. 3/4" I YPC #386 i pipe East Line Lot 1 1 Lot 12 Logan Ave. ____ �Fd. 1.5" pinched pipe --- OS\ Vacated Webster St. 0 EXISTING ROW LINE \ Webster St. Lot Lot Lot Lot 15 16 17 18 CITY OF WATERLOO, IOWA o O © © FEE ACQUISITION AREA 1420 SQUARE FEET �� Lot 23 A-B S 01'09'06"E 74.55' B-C S 49"18'04"E 237.25' C-D S 49.18'04"E 36.93' \\\ Lot4s 0-E N 00'00'00"E 62.77' VI E-F S 90'00'00"W 28.00' F-C S 00'00'00"W 38.68' B-H S 01.09'06"E 343.11' by D Lot 1 �AyfCTyF9 STA 77+17.20 4Cf4CO(y 77.79' H AUDITOR RAINBOW'S STA 76+92.71 Fd. 5/8" reborO PLAT N0. 1 'C9CF�4��( 50.15' with YPC 'r/( 9q /'I`cn STA 77+55.46 Pa E 10 It 49.22' Lot 2 [-] STA 77+55.88 PT STA 74+81.88—+ O (t 77.22' Lot 3 Lot 5 eCh'co po Ce Lot 4 'poi Fd. 5/8" rebor—� p� with YPC * c, /X. '0 9�, N a C 0 CA 0 J N YPC = YELLOW PLASTIC CAP certify that d su Tana orrveying document was O� S proc:roa and tna related purvey work was pretormea oy me or SCALE: 1" = 100' � G undo• my personal supervision end that I om duly licensed �� prot.,ssional Land Surveyor under the laws of the state of Iowa. TTIrr, K., t4 � (MIRANDAEILDERS 'c 'H. 0' 50' 100' p' 22293 / Wirc,da K. Eilders Date /J License numear 22293 IOW A My L cense renewal data is December 31. 2021 DATE DRAWN 3-11-2021 dcc Pagel or sheets covered by this seal. FORS 634-077 IOWA DEPARTMENT OF TRANSPORTATION GRA='H IC EXHIBIT "A" OlOWADOT COUNTY BLACK HAWK STATE CONTROL NO. PROJECT NO. NHSX-63-6(70)--3H-Q7 PARCEL NO. 735 SECTION 24 TOWNSHIP 89 N RANGE 13 W ROW - FEE . EASE 6853 SO. FT. EXCESS - FEE AC ACQUIRED FROM Firon pind. Square—Ni. AUDITOR RAINBOW'S I PLAT NO. 4 I Fd. 1.5" pinched pipe Lot 4 I —Fd. square iron pin Fd. twisted Fd. pinched iron pin pipe �t rF) I { c Lot 14 URBAN ACRES Fd. pinched Lot 3 i u pipe Rebor Fd. tt5 --N °' Fd. Pipe I / Fd. 1.5' pinched pipe YPC 386 Lot 2 Lot 13 Fd. 1.5 pinched pipe East Line -14 Logan Ave.N YPEdC. Pi#3pe86 ''—Fd. 3/4" I PIPE. 1 Lot 12 Lot 1 �Fd. 1.5" pinched pipe 'vacated ed Webster St. �� // ExISTING ROW LINE —!' \ Webster St. O,// Lot 9„/ 5 Lot Lo* Lot ~ ---- Is',/ 16 1 18 CITY OF WATERLOO, IOWA o F,�, .� ass/ e/ poe ss / 29.32' `"e7n . / Lot23 INGRESS/EGRESS EASEMENT AREA Lot 48 6853 SQUARE FEET PROPOSED FEE TITLE AREA 4, b d d cy�TyF R4C�4C�`). Lot 1N 43 !C C-53 F0* ! d AUDITOR RAINBOW'S ©•gyp Ewid.th 5/YP8" rebar PLAT NO. 1 C — — Lot 2 I PT STA 74+81.88-' 5. Lot 3 Lot 5 00°0 Ce 7,, Lot 4 0 Fd. 5/8" rebor 0,,,with YPC —�• o.A oo/ x. rc a) > Q C 0 0, O J N SCALE: 1" = 100' 7TT 0' 50' 100' YPC = YELLOW PLASTIC CAP DATE DRAWN 5-19-2021 dcc