HomeMy WebLinkAbout27400 RESOLUTION NO 27400
A RESOLUTION APPROVING THE SALE OF A PARCEL IN THE
VIRDEN CREEK DAM AND IMPOUNDMENT AREA AND AUTHORIZING
THE EXECUTION OF THE NECESSARY CONTRACT FOR SALE OF
LAND FOR PRIVATE REDEVELOPMENT AND DEED.
WHEREAS , the Council of the City of Waterloo had a notice
published in the Waterloo Courier concerning the proposed sale
of a parcel of land described as :
SEE EXHIBIT "A"
and located in the Virden Creek Dam and Impoundment Area and
asking for objections against sale , if any; and
WHEREAS , on the date of the hearing, there were no written
objections filed and no oral objections presented; and
WHEREAS , the City Council was of the opinion that said real
property should be sold to the Grantee,Richard C. Anderson and
Jean Nelson, Co-Executors for the reasons set out in Resolution
No. 27345 adopted November 10 , 1980 ,now, therefore ,
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA
that the sale of the parcel of land described as :
SEE EXHIBIT "A"
to
Richard C . Anderson and Jean Nelson, Co-Executors of the Estate
of John D. Anderson for a cash consideration of fifteen thousand
two hundred forty and No/100 dollars ($15 , 240 . 00)be and the
same is hereby approved by the City Council of the City of
Waterloo, and the Mayor and City Clerk are authorized to execute
and acknowledge the necessary contract and deed to consummate
said sale.
Passed and adopted this 8th day of December, 1980 .
//
Leo P . Rooff,Ma.yoi '
ATTEST :
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EXHIBIT "A"
The east five hundred (500) feet of the north forty-seven (47) acres of the
southwest fractional quarter (SW Frac.
nine north (T89N) , Range twelve west (R12W)S of the Fifth(6)
fthection six6P, Township rincipal Merid any
Black Hawk County, Iowa, containing 8. 5 acres; and
The south six hundred (600) feet of the east three hundred five (305) feet
of the south one-half (Si) of the northwest fractional quarter (NW Frac. 4) of
Section six (6) , Township eighty-nine north (T89N) , Range twelve west (R12W)
of the Fifth Principal Meridian, Black Hawk County, Iowa, except the north
eight and eighty-six hundredths (8. 86) acres thereof, containing 4. 2 acres.
The grantor reserves unto the City of Waterloo, Iowa, its successors and
assigns, a flowage easement with the right, power and privilege to overflow,
flood and submerge the described areas, as may be necessary, in connection
with the construction, operation and maintenance of the Waterloo, Iowa, local
flood protection project; that the flowage across and over said areas shall be
specifically according to the Plan of Operation of the United States Corps of
Engineers as set forth in their Design Memorandum No. 2, Virden Creek Dam
and Pump Station, dated May 1975; that while the Cedar River elevation at
gravity outlet and pumping station remains below 843.5 feet mean sea level,
the gravity outlet at the Virden Creek Dam and Pumping Station Plant shall
remain completely open; that when the Cedar River elevation at gravity outlet
and pumping station goes or reaches above 843.5 feet mean sea level, the -
gravity outlet gate at the Virden Creek Dam and Pumping Station Plant shall
be closed; that an extract of the Plan of Operation from the Design Memorandum
is attached hereto and made a part of this easement-. Provided further, that no
structures shall be constructed or maintained on the land except as may be approved
in writing by the City of Waterloo, Iowa, and the United States Army Corps
of Engineers, and no excavation shall be permitted and no landfill placed on
the land without approval as to the location and method of excavation of landfill.
This easement is taken subject to existing easements for public roads and
highways, public utilities, railroads and pipelines;
the landowners, their heirs and assigns, use of such land so aswever not to interfere
with the local flood protection project. Further, that any use of the land shall
be subject to federal, state and local laws with respect to pollution. This
easement shall be a covenant running with the land and shall be binding upon
the parties, their heirs, successors and assigns.