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HomeMy WebLinkAbout2024-222-04.15.2024 (RECORDED) 2024-19699 RECORDED:09/03/2024 01:58:44 PM RECORDING FEE:$22.00 REVENUE TAX:$ COMBINED FEE:$22.00 SANDIE L.SMITH,RECORDER BLACK HAWK COUNTY,IOWA Prepared by LeAnn M. Even, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319)291-4323. RESOLUTION NO. 2024-222 RESOLUTION APPROVING THE SALE AND CONVEYANCE OF CITY-OWNED PROPERTY LOCATED EAST OF 4342 ANSBOROUGH AVENUE AT THE SOUTHEAST CORNER OF ANSBOROUGH AVENUE AND HIGHWAY 20 TO PWM COMPANIES, LLC, 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 owner of property located east of 4342 Ansborough Avenue at the southeast corner of Ansborough Avenue and Highway 20, 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 2024-222 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° 54'/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$1.00 has been made by PWM Companies, LLC, and WHEREAS, a public hearing was held on April 15, 2024, 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, 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 Ansborough Avenue and Highway 20, in the City of Waterloo, Iowa, as fully described in the published notice in the Waterloo Courier on April 4, 2024, 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 Ansborough Avenue and Highway 20, in the amount of$1.00, is hereby accepted for said property. 3. That the City of Waterloo, Iowa is conveying said property 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 convey said property to PWM Companies, LLC, upon execution of said deed and receipt of payment of$1.00. PASSED AND ADOPTED this 15th day of April 2024. k� i Fe ( 5 . DIGITALLY i 5 SIGNED Nif Ray Feuss, Mayor Pro Tern ATTEST: Resolution 2024-222 Page 3 Kelley Felchle ' '`"Y 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. 2024-222 as passed and adopted by the City Council of the City of Waterloo, Iowa, on the 15th day of April 2024. Witness my hand and seal of office this 15th day of April 2024. N1eCCey Felchle •1•17A"Y SIGNED Kelley Felchle, City Clerk SEAL 0T .f THE COURIER AFFIDAVIT OF PUBLICATION • NOTICE OF PUBLIC HEARING NoIke le herby given mat on the 15th dayOf Ayyne2024.of5:00 ppm.In 144E Hafdd E.al in Coundi to Waterloo. n ma qay Hal in the Coy 0 Wh rd0o. Iowa a pubic hearing will be held try me Courloll a tea City a waterloo. Waterloo-Cedar Falls Courier town,for me sale and Conveyarice 6915 Chancellor Drive a appw4 property a"93.I sores of vey- LLC.I am 10 PWM Concaves. LLC.In C,6 amount a E1.Q7.r dMb Cedar Falls 50613 Mg a Development Agreement Nth a graft sOIr1Wie for reimbursement(319)291-1400 of oared east aae improvements,of 4342 oroug V- enue to gh souvenue a4 comer of 71a Aner orouge.Avenue and Hi0wrrInte 20 commercial fan he rase/rem o1 State of New Jersey, Countyof Hudson,ss: commercial 202 buildings.rasdndnd Ras- State o1Won ffi234i58,Healy dea0rfiad as foal s The Southwest Oeraw NW V4i of the Northwest 0l4pU(oft Re of Section 9.the FM Principal 88 North Range • Laquansay Nickson Watkins, beingfirst dulysworn, deposes and 13 City trreFMHhct IkCouny. g Y p CIIy orIowa,Waterloo.excBret the weer 33 feet Black hallo Count', says:That(s)he is a duly authorized signatory of Column Software, thereofbWG ceptTr Tracts and mares,and except Tracts A ape B 2. desatbetl n lB Book 539 Pipe Sfl2. PBC, duly authorized agent of Waterloo Cedar Falls Courier,a saved h Tracts and 2W6073 and acept mat part described in Doc- publication that is a"legal newspaper"as that phrase is defined for nt aca 2ounty Neems the city of Cedar Falls,for the County of Black Hawk, in the state of and Iowa,that this affidavit is Page 1 of 2 with the full text of the sworn Thal Ft E 'of soar(; 1,4) Section 9.Township 88 NOM,Range to notice set forth on the that follow,and that the attachment 13 West eld,e Fhh Pte Meridian. pages Oly of Waterloo.Black Hawk Counhr hereto contains the correct copy of what was published in said legal H of Iowa. 20 as at,i of Lo Book 529 Page 998.and except Mat newspaper in consecutive issues on the following dates: Do.Nc`^ `18 2 heed In t hIne Black Hawk County Recorders 08ker and The Northwest Cosner(NW 4(4'•of PUBLICATION DATES: the Southwest Owner(SW 1,4j or Section 9.Township 88 potNorth.Meridian.Range Apr.4,2024 coy West W iancoo..Mack NO COU State 011009.except the WEST 33 feet thereof.and eccepi mat pan thereof described n DocumentNa so NOTICE ID:fLaAb29vglVSarbF8NZ1 18922. a except that pat thereof described in Land Ceardi Ba 557 PUBLISHER ID:COL IA 600108 Page MI. u448550084lnLana Deeds Book 569 Page NOTICE NAME: Public Hearing 04/15 y ;de In the Hawk Publication Fee:$85.74 and The Northeast Quarter(NE cal or the 9ellmwe14 NOUNS IOW v4)of Sao bon 9.bwtnh,pp 88 North.Range 13 West of the Filth Principal Meridian, Chy or -.5.B41^.k Hawk CdMfy. nnea) �4 Iowa.('V state of robe. SHANNEA H HOLMES and NOTARY PUBLIC The Norm Hal di 1,21 01 ma Sold( STATE OF NEW JERSEY (SW ior)Zor al Southwest9 r0ow�Quarter My Commission Expires August 1,2026 opa'Meridan.Range cm ofWat,ho RAN VERIFICATION HaWestwk County, of except and State of New Jersey Thet part of the West Half(W 12) County of Hudson � nai5*o�st p88uoNth 1t4)of ,Range 13 Wen of the Fifth PrinetoalMeriden, City of Waterloo.Black Hawk County. Stara of Iowa,described as beginning at the rigger of Said ea1ialtheme 04/04/2024 Norm 0°03'ores,1033.5 feet along Subscribed in my presence and sworn to before me on this: me west the of said Northeast Guar tei theme Sash 89'195,-West 920 5 Mo1•.meek.Scum 28°56'Went 508 5 leek thence South 0"541-Wool 561.8 keno n pont on the south Meet sail // Northeast Caterer:hence Sadh 89' 214i'Wae>&7.4 het along said Aoki" ,/� '_ line b the{,vnt ofbeginning. (�� Notary,Public subject to easements,restrictions.cove- . Notarized remotelyonlineincommunicationtechnology via Proof. nents•ordinances,andHrtUtedaccesspro- using ecno 9Yvisions of record and not of record. Anyone who is interested may appear at said time and place and be heard or may • file written objection with the City Clerk, • City Hall,Waterloo,Iowa,before the date set for said hearing. ity ter) this 1 st day oy order of the f April f of 2024 of Wa- Ke1ey Felct1e,City Clerk City of Waterloo,Iowa COL-IA-60010a Public Hearing 04/15 - Page 1 of 2 Prepared by LeAnn M. Even, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2024-222 RESOLUTION APPROVING THE SALE AND CONVEYANCE OF CITY -OWNED PROPERTY LOCATED EAST OF 4342 ANSBOROUGH AVENUE AT THE SOUTHEAST CORNER OF ANSBOROUGH AVENUE AND HIGHWAY 20 TO PWM COMPANIES, LLC, 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 owner of property located east of 4342 Ansborough Avenue at the southeast corner of Ansborough Avenue and Highway 20, 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 2024-222 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 $1.00 has been made by PWM Companies, LLC, and WHEREAS, a public hearing was held on April 15, 2024, 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, 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 Ansborough Avenue and Highway 20, in the City of Waterloo, Iowa, as fully described in the published notice in the Waterloo Courier on April 4, 2024, 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 Ansborough Avenue and Highway 20, in the amount of $1.00, is hereby accepted for said property. 3. That the City of Waterloo, Iowa is conveying said property 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 convey said property to PWM Companies, LLC, upon execution of said deed and receipt of payment of $1.00. PASSED AND ADOPTED this 15th day of April 2024. Ray Feuss, Mayor Pro Tem ATTEST: Resolution 2024-222 Page 3 Kelley Felchle 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. 2024-222 as passed and adopted by the City Council of the City of Waterloo, Iowa, on the 15th day of April 2024. Witness my hand and seal of office this 15th day of April 2024. Kelley FeCckCe Kelley Felchle, City Clerk SEAL G