HomeMy WebLinkAbout2010-1007-11/08/2010i 1111111 11111 iil Iliii Iliil IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIA VIII IIII IIII
Doc ID: 004506370002 Type: GEN
Kind: RESOLUTION
Recorded: 06/29/2011 at 04:03:18 PM
Fee Amt: $14,00 Page 1 of 2
Black Hawk County Iowa
JUDITH A MCCARTHY RECORDER
File2011-00024457
RESOLUTION NO. 2010-100'7
RESOLUTION AUTHORIZING THE SALE AND
CONVEYANCE OF LOWELL AVENUE SOUTH OF EAST
MITCHELL AVENUE, ALLEY LOCATED BETWEEN
SHEFFIELD AVENUE AND LOWELL AVENUE, ALLEY
LOCATED EAST OF LOWELL AVENUE, ALLEY LOCATED
WEST OF SHEFFIELD AVENUE, AND EXCESS PROPERTY
ALONG LEVEE ON SOUTH SIDE OF MITCHELL AVENUE
FOR $1,975.60, PLUS COSTS, AND AUTHORIZING
THE MAYOR AND CITY CLERK TO EXECUTE AND
DELIVER DEED FOR SAME.
WHEREAS, the City of Waterloo, Iowa, is the owner of real
property in the City of Waterloo, Iowa, as described below, and
WHEREAS, an offer to purchase said certain parcels of real
property in the sum of $1,975.60, plus costs, has been made by
Patrick B. Rooff, and
WHEREAS, a public hearing was held on October 25, 2010, at
5:30 p.m. in the Council Chambers in City Hall, Waterloo, Iowa,
as provided by law, by the Council of the City of Waterloo, Iowa,
on the proposal to vacate, sell and convey premises owned by the
City of Waterloo, Iowa, to Patrick B. Rooff, and
WHEREAS, it is the opinion of this Council that 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 following described real property, as fully
described in the published notice in the Waterloo Courier on
September 24, 2010, is not presently needed and will not be
needed in the foreseeable future for municipal purposes and its
ownership is serving no municipal purpose, and
2. That the offer of Patrick B. Rooff to purchase real
property for the sum of $1,975.60, and costs, be and it is hereby
accepted for real property described below:
That part of the fifty (50) foot wide platted Lowell
Avenue right-of-way that lies Southeasterly of a line
drawn between the Northeast corner of Lot 17 of
Riverview Addition and the Northwest corner of Lot 26
of Sheffield Addition and Northwesterly of a line drawn
between the Northeast corner of Lot A of Block 111 of
Riverview Addition and the Northwest corner of Lot A of
Block 112 of Riverview Addition;
And also;
That part of the ten (10) foot wide public alley as
platted in Block 109 of Riverview Addition that lies
Southeasterly of the Northeasterly extension of the
Northwesterly line of Lot 9 of Block 109 of said
addition and Northwesterly of the Easterly extension of
the South line of Lot 32 of Block 109 of said addition;
And also;
That part of the ten (10) foot wide public alley as
platted in Sheffield Addition that lies Southeasterly
of a line drawn between the Northeast corner of Lot 1
of said addition and the Northwest corner of Lot 2 of
said addition and Northwesterly of a line drawn between
II -)q - OD a
Resolution No. 2010-1007
Page 2
the Southeast corner of Lot 1 of said addition and the
Southwest corner of Lot 7 of said addition;
And also;
That part of the sixteen (16) foot wide platted alley
that lies East of a line drawn between the Southwest
corner of Lot 16 of Sheffield Addition and the
Northwest corner of Lot 1 of Block 111 of Riverview
Addition and West of a line drawn between the Southeast
corner of Lot 25 of Sheffield Addition and the
Northeast corner of Lot A of Block 111 of Riverview
Addition;
And also;
Part of the Southwest Quarter of Section 31, Township
89 North, Range 12 West of the 5th Principal Meridian
in the City of Waterloo, Black Hawk County, Iowa
described as follows:
Beginning at the Northeast corner of Sheffield Addition
to the City of Waterloo, said point being on the
Northerly terminus of the East line of a 10 foot wide
alley; thence S 8905732" E 113.06 feet along the South
line of Mitchell Avenue; thence S 26029'16" E 229.58
feet to the North line of Parcel "B" recorded as
Document No. 2006 15234 in the records of Black Hawk
County; thence N 89055'06" W 137.91 feet along said
North line to the said East line of said 10 foot wide
alley; thence N 20041'16" W 219.52 feet along the East
line of said alley to the point of beginning,
containing 0.591 acres;
all in the City of Waterloo, Black Hawk County, Iowa;
for $1,975.60, plus costs.
3. That the City of Waterloo, Iowa, convey said parcels of
real property to Patrick B. Rooff by deed.
4. That the Mayor and City Clerk are hereby authorized to
execute and deliver deed to Patrick B. Rooff.
5. That the original of said deed fully executed and
acknowledged is hereby approved and confirmed by the Council.
6. That the City Clerk is authorized and directed to
deliver said deed of conveyance to Patrick B. Rooff upon receipt
of the sum of $1,975.60, and costs.
PASSED AND ADOPTED this 8th day of November, 2010.
/rn'e4staG'C-lark,�Mgayor/
ATTEST:
Suzy Sc ares, CMC
"City Cl rk
1111111 INIII III IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIII Ilii
Doc ID: 004506380003 Type: GEN
Kind: CHANGE OF TITLE
Recorded: 06/29/2011 at 04:04:08 PM
Fee Amt: $44.00 Pape 1 of 3
Black Hawk County Iowa
JUDITH A MCCARTHY RECORDER
File2011-00024458
'L a — 0 -4t r 1 . '1,-, 4-.P_f x zn— Pa--z—
5
0
Prepared by James E. Walsh, Jr., City Attorney, 715 Mulberry, Waterloo, IA, 50703, telephone (319) 291-4327
TAX STATEMENT: Patrick B. Rooff, 924 Lowell Avenue, Waterloo, IA 50702 SPACE ABOVE THIS LINE FOR
RECORDER
QUIT CLAIM DEED
For the consideration of ($1,975.60) One Thousand Nine Hundred Seventy-five and 60/100----------
Dollar(s) and other valuable consideration, plus costs
CITY OF WATERLOO, IOWA
does hereby Quit Claim to
Patrick B. Rooff
all our right, title, interest, estate, claim and demand in the following -described real estate in
Black Hawk County, Iowa:
See attached plat and legal descriptions.
This transaction exempt from Documentary Stamp and Declaration of Value per Iowa Code §428A.2(6) (2009).
Each of the undersigned hereby relinquishes all rights of dower, homestead and distributive share in and to the real estate.
Words and phrases herein, including acknowledgment hereof, shall be construed as in the singular or plural number, and as masculine or
feminine gender, according to the context.
Dated: November 8, 2010 CIT F WAT OW
Ernest G. Clark, Mayor
ATTEST:
Suzy Schafes, City Clerk
STATE OF IOWA, COUNTY OF BLACK HAWK ) ss
On this 81h day of November, 2010, before me, the undersigned, a Notary Public in and for the State of
Iowa, personally appeared Ernest G. Clark and Suzy Schares, 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 Council Action No. 135563 of the City Council on the 8`h day of November, 2010, and that
Ernest G. Clark and Suzy Schares acknowledged the e ecutiLOIe instrument to be their voluntary act and deed
and the voluntary act and deed of the corporation, by ' voluncuted.
Notary ublie in a r the State of Io
071,
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NOTES:
1.) The North tine of Sheffield Add.
was assumed to bear S 89°57'32' E
for purpose of this survey.
NE Cor. Lot 17
Sheffield Add.
Fnd,' hollow pipe.
\
PLAT OF SURVEY
EAST MITHCHELL AVE
S 89°57'32" E S15.95 (66' R.O.W.)
TF
2.) AN dimensions are in feet and
-
31
205.94' (205.54') = S 89'5732" E
113.06'
decimals thereof.
(53.83' (141.3')
`� "
3.) The error of dasure is better than
\
26 Fnd rebar
S
1:10,000
wlorange
4.) Proprietor. City of Waterloo
NW Cor. Lot 8
"� 27 cap # 7811
Survey requested by: Pari Roff
Sheffield Add.
5.) Field work was completed 8-20-09O
Fnd " rebar
o
e'* O� 28
T
NORTH
N Z
,� No
PARCEL "G" rn
N
'L
0.591 acres lay
e
30
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t�
31 ,p�
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9
23
N, 32
N
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0 30 60
120 24
?� 33
R1
Fnd„ rebar 15.00'
p N
W/ yellow Fnd ' rebar
;
FEATURE LEGEND(1284)
25 34
cap # 10040 w/ yefiow
#10040
Y rn
(,4a.e)
137.91cap
0 M
O SET 5/8'0 X 24" REBAR
- N 89°55'06" W 152.91'
W / RED CAP L.S. #12088
IN 89.55'06' W 152.92)
l
= p
PROPERTY CORNER FOUND
A
PARCEL `B" a o
C C a
SET SECTION CORNER
Legal Description:
Doc. 200fi 15234 S m
LJ t 3
Q o
® SECTION CORNER FOUND
m do a
f-
100.00 DIMENSION OF SURVEY
Pari of the Southwest Quarter of Section 31, Township 89
wI y'io bar �
vi
(100.00) DIMENSION OF RECORD
North. Range 12 West of the 5th Principal Meridian In the City
cap # 10040
t2
Beginning
of Waterloo, Black Hawk County, Iowa described as follows:
t-
at the Northeast comer of Sheffield Addition t0 the
I hereby certify that this land surveying document was
i
ap
This Plat or Subdivision has been reviewed by (Ciry/Counry).
Cit of Waterloo, said int being on the North prepared and the related survey work was performed by
Y Po arty terminus o[ 4wu'L'I'wn,,,
N
U
l LAfVp
the East line of a 10 foot wide alley; thence S 69'57'32" E ."�O
,� me or under my direct personal supervision and that I am
SG'a duly licensed Land Surveyor under the laws of the State
�
113.06 feet along the South fine of Mitchell Avenue; thence `2h
9�or Iowa.
—V�
S 26'29'16" E 229.58 feet to the North line of Parcel "B' `� 12088
'-a'--x �ae �t �(JI -^ / Z'Z -2f./d
recorded as Document No. 2006 15234 in the records of 3� Wendell
4
J.: WENDELL J. L.S. DATE
Blade Hawk County; thence N 89°55'06" W 137.91 feet along Lupkes
,
Ignature of (City/County)
Dae
said North line to the said East line of said 10 foot wide alley; ? *
. *`\' License number 12099
My license date is December 31,
Ordinance Administrator.
thence N 20°41'16" W 219.52 feet along the East One of said fayq
"""'mimx'"0"
renewal 2010
o" Pages or sheets covered by this seal:
alley to the point of beginning, containing 0.591 acres.
d1
lo
to
a
0
M
Legal Descriptions
That part of the fifty (50) foot wide platted Lowell Avenue right-of-way
that lies Southeasterly of a line drawn between the Northeast corner of Lot
17 of Riverview Addition and the Northwest corner of Lot 26 of Sheffield
Addition and Northwesterly of a line drawn between the Northeast corner
of Lot A of Block 111 of Riverview Addition and the Northwest corner of
Lot A of Block 112 of Riverview Addition;
And also;
That part of the ten (10) foot wide public alley as platted in Block 109 of
Riverview Addition that lies Southeasterly of the Northeasterly extension
of the Northwesterly line of Lot 9 of Block 109 of said addition and
Northwesterly of the Easterly extension of the South line of Lot 32 of
Block 109 of said addition;
And also;
That part of the ten (10) foot wide public alley as platted in Sheffield
Addition that lies Southeasterly of a line drawn between the Northeast
corner of Lot 1 of said addition and the Northwest corner of Lot 2 of said
addition and Northwesterly of a line drawn between the Southeast corner
of Lot 1 of said addition and the Southwest corner of Lot 7 of said
addition;
And also;
That part of the sixteen (16) foot wide platted alley that lies East of a line
drawn between the Southwest corner of Lot 16 of Sheffield Addition and
the Northwest corner of Lot 1 of Block 111 of Riverview Addition and
West of a line drawn between the Southeast corner of Lot 25 of Sheffield
Addition and the Northeast corner of Lot A of Block 111 of Riverview
Addition;
And also;
Parcel "G" recorded as Document No. 2011-00011277 in the records of
Black Hawk County
t 1111111111111 Iii Illh IIIII IIIII lillt IIIII IIIII Illtl Ilill Illtt 1111 illll ILII IIII
Doc ID: 004506390002 Type: GWH
Kind: GROUND WATER HAZARD STATEMENT
Recorded: 06/29/2011 at 04:04:44 PM
Fee Amt: $0.00 Page i of 2
Black Hawk County Iowa
JUDITH A MCCARTHY RECORDER
File2010-0000261 /
REAL ESTATE TRANSFER - GROUNDWATER HAZARD STATEMENT
TO BE COMPLETED BY TRANSFEROR
TRANSFEROR: Name City of Waterloo. Iowa
Address 715 Mulberry Street Waterloo IA 50703
Number and Street or RR City, Town or P.O. State Zip
TRANSFEREE: Name Patrick B. Rooff
Address 945 Lowell Avenue Waterloo IA 50702
Number and Streetor KR City, i own or P.O. State 41p
Address of Property Transferred:
See Attached Legal Description
NUMDer an 'Gee or i y, Town, or P.u. state Zip
Legal Description of Property: (Attach if necessary) See Attached
1. Wells (check one)
here are no known wells situated on this property.
❑ There is a well or wells situated on this property. The type(s), location(s) and legal status are
stated below or set forth on an attached separate sheet, as necessary.
2. Solid. Waste Disposal (check one)
0 " There is no known solid waste disposal site on this property.
❑ There is a solid waste disposal site on this property and information related thereto is provided in
Attachment #1, attached to this document.
3. Hazardous Wastes (check one)
where is no known hazardous waste on this property.
❑ There is hazardous waste on this property and information related thereto is provided in
Attachment #1, attached to this document.
4. Underground Storage Tanks (check one)
There are no known underground storage tanks on this property. (Note exclusions such as
small farm and residential motor fuel tanks, most heating oil tanks, cisterns and septic tanks, in
instructions.)
❑ There is an underground storage tank on this property. The type(s), size(s) and any known
substance(s) contained are listed below or on an attached separate sheet, as necessary.
FILE WITH RECORDER DNR form 542-0960 (Sept. 1, 2010)
X. 1,4A
5. 7here
te Burial Site (check one)
are no known private burial sites on this property.
❑ There is a private burial site on this property. The location(s) of the site(s) and known
identifying information of the decedent(s) is stated below or on an attached separate sheet, as
necessary.
6. Private Sewage Disposal System (check one)
0 All buildings on this property are served by a public or semi-public sewage disposal system.
k"This transaction does not involve the transfer of any building.
❑ There is a building served by private sewage disposal system on this property or a building
without any lawful sewage disposal system. A certified inspector's report is attached which
documents the condition of the private sewage disposal system and whether any modifications
are required to conform to standards adopted by the Department of Natural Resources. A
certified inspection report must be accompanied by this form when recording.
0 There is a building served by private sewage disposal system on this property. Weather or
other temporary physical conditions prevent the certified inspection of the private sewage
disposal system from being conducted. The buyer has executed a binding acknowledgment
with the county board of health to conduct a certified inspection of the private sewage disposal
system at the earliest practicable time and to be responsible for any required modifications to
the private sewage disposal system as identified by the certified inspection. A copy of the
binding acknowledgment is attached to this form.
❑ There is a building served by private sewage disposal system on this property. The buyer has
executed a binding acknowledgment with the county board of health to install a new private
sewage disposal system on this property within an agreed upon time period. A copy of the
binding acknowledgment is provided with this form.
0 There is a building served by private sewage disposal system on this property. The building to
which the sewage disposal system is connected will be demolished without being occupied. The
buyer has executed a binding acknowledgment with the county board of health to demolish the
building within an agreed upon time period. A copy of the binding acknowledgment is provided
with this form. [Exemption #91
❑ This property is exempt from the private sewage disposal inspection requirements pursuant to
the following exemption [Note: for exemption #9 use prior check box]:
❑ The private sewage disposal system has been installed within the past two years pursuant to
permit number
Information required by statements checked above should be provided here or on separate
sheets attached hereto:
I HEREBY DECLARE THAT I HAVE REVIEWED THE INSTRUCTIONS FOR THIS
FORM
ANVTTH FORMATION STATED ABOVE IS TRUE AND CORRECT.
4Signatur : (�f/ 2,K re Telephone No.: ( 319 ) 291-4366
( ra s eror or Agent
FILE WITH RECORDER DNR form 542-0960 (Sept. 1, 2010)