HomeMy WebLinkAbout2024-223-04.15.2024 (RECORDED) 2024-19700
RECORDED:09/03/2024 01:58:45 PM
RECORDING FEE:$12.00
REVENUE TAX:$
COMBINED FEE:$12.00
SANDIE L.SMITH,RECORDER
BLACK HAWK COUNTY,IOWA
IL Prepared LeAnn M. Even, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo,
IA 50703, (319)291-4323.
RESOLUTION NO. 2024-223
RESOLUTION APPROVING A DEVELOPMENT
AGREEMENT WITH PWM COMPANIES, LLC, FOR THE
DEVELOPMENT OF APPROXIMATELY 93.7 ACRES OF
CITY-OWNED PROPERTY, RESCIND RESOLUTION 2023-
658 IN ITS ENTIRETY, AND AUTHORIZING THE MAYOR
AND CITY CLERK TO EXECUTE SAID DOCUMENT.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA
AS FOLLOWS:
1. That the Development Agreement dated April 15, 2024,between PWM Companies,
LLC and the City of Waterloo, for the development of approximately 93.7 acres of city-owned
property, 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
THAT PART OF THE WEST HALF (W 1/2) OF THE NORTHEAST
Resolution 2024-223
Page 2
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° 191/2` WEST 920.5 FEET; THENCE SOUTH 26° 56'
WEST 508.5 FEET; THENCE SOUTH 0° 54Y2' WEST 561.8 FEET TO A
POINT ON THE SOUTH LINE OF SAID NORTHEAST QUARTER; THENCE
SOUTH 89° 21% ` 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
is hereby approved.
2. That the Mayor and City Clerk are authorized and directed to execute said documents
on behalf of the City of Waterloo, Iowa.
3. That Resolution No. 2023-658 was rescinded in its entirety on April 1, 2024, by
Resolution No. 2024-168.
PASSED AND ADOPTED this 15th day of April 2024.
LY
pe.wss �IGi SIG NNEDED
ATTEST: Ray Feuss, Mayor Pro Tern
Kelley Felchle
.:SIGNED
Kelley Felchle, City Clerk
CERTIFICATE
I, Kelley Felchle, Clerk of the City of Waterloo, Iowa, do hereby certify that the
preceding is a true and complete copy of Resolution No. 2024-223 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 on this 15th day of April 2024.
Kelley Felchle "SIcGN�`E(l
SEAL Kelley Felchle, City Clerk
0 Wq
• 111111p1`111111111V •
Prepared LeAnn M. Even, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo,
IA 50703, (319) 291-4323.
RESOLUTION NO. 2024-223
RESOLUTION APPROVING A DEVELOPMENT
AGREEMENT WITH PWM COMPANIES, LLC, FOR THE
DEVELOPMENT OF APPROXIMATELY 93.7 ACRES OF
CITY -OWNED PROPERTY, RESCIND RESOLUTION 2023-
658 IN ITS ENTIRETY, AND AUTHORIZING THE MAYOR
AND CITY CLERK TO EXECUTE SAID DOCUMENT.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA
AS FOLLOWS:
1. That the Development Agreement dated April 15, 2024, between PWM Companies,
LLC and the City of Waterloo, for the development of approximately 93.7 acres of city -owned
property, 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
THAT PART OF THE WEST HALF (W 1/2) OF THE NORTHEAST
Resolution 2024-223
Page 2
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° 191/2` 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
is hereby approved.
2. That the Mayor and City Clerk are authorized and directed to execute said documents
on behalf of the City of Waterloo, Iowa.
3. That Resolution No. 2023-658 was rescinded in its entirety on April 1, 2024, by
Resolution No. 2024-168.
PASSED AND ADOPTED this 1511 day of April 2024.
ATTEST:
(e1Tey FeCcFiCe
Kelley Felchle, City Clerk
CERTIFICATE
Ray Feuss, Mayor Pro Tem
I, Kelley Felchle, Clerk of the City of Waterloo, Iowa, do hereby certify that the
preceding is a true and complete copy of Resolution No. 2024-223 as passed and adopted by the
City Council of the City of Waterloo, Iowa, on the 15th day of April 2024.
SEAL
Witness my hand and seal of office on this 15th day of April 2024.
XeCCey FeCchCe
Kelley Felchle, City Clerk