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HomeMy WebLinkAboutCommunity National Bank-Warranty Deed-07.28.2008(Z� -44-0 Preparer Information Christopher S. Wendland P.J. Box 596, Waterloo, IA 50704 Waterloo, IA 50704 4-5701 Individual's Name Street Address City Phone (319) 23Phone Address tax statement to Community National Bank, 422 Commercial Street, Waterloo, IA 50701 Return deed to Robert Braun, Dutton Braun Staack & Hellman, P.O. Box 810, Waterloo, IA 50704 WARRANTY DEED For the consideration of One Dollar ($1.00) and other valuable consideration, City of Waterloo, Iowa, an Iowa municipal corporation, do(es) hereby Convey to Community National Bank following described real estate in Black Hawk County, Iowa: See Exhibit "A" attached hereto Subject to easements of record, zoning restrictions, and restrictive covenants. Deed in which political subdivision is grantor. Exempt from declaration of value and real estate transfer tax. 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. STATE OF IOWA ss: BLACK HAWK COUNTY Acknowledged before me on 2008, by Timothy J. Hurley and N:nc ckert as Mayor and City Clerk, respectively, of the City of Waterloo, Iowa. Notary Public (.. Dated: -514.,1y a , 2008 CITY OF WATERLOO, IOWA By: Timothy J r'e , Mayor Attest: Nancy >=ckert, C. i Clerk the PROPERTY EXCHANGE AGREEMENT This Property Exchange Agreement (the "Agreement") is made and entered into as of July 30, 2008, by and between Community National Bank ("Bank") and the City of Waterloo, Iowa, (the "City"). RECITALS A. City considers development within the downtown and riverfront areas of the City to be a benefit to the community and has adopted the Downtown Waterloo Riverfront Urban Renewal and Redevelopment Plan (the "Plan"), and within the Plan has designated a geographic area of the City as the "Plan Area." B. Bank is the owner of certain real property located within the Plan Area, and the City has targeted said property for redevelopment in furtherance of the objectives of the Plan. The property owned by Bank is legally described on Exhibit "A" attached hereto (the "Bank Property"). C. City is the owner of certain real property located within the Plan Area and adjacent to the banking facility owned and operated by Bank. The property owned by City is legally described on Exhibit "B" attached hereto (the "City Property"). D. Each party desires to exchange its respective property with the other party on the terms set forth in this Agreement. E. This Agreement is subject to the approval of the City Council after public hearing and to the approval of the Board of Directors of Bank. AGREEMENT NOW, THEREFORE, in consideration of the mutual promises exchanged herein between the parties and for other consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. Possession and Closing. If each party timely performs all obligations set forth in this Agreement, it shall receive possession of the other party's property at Closing. "Closing" shall occur at the earliest practicable date on or before July 31, 2008 to which the parties mutually agree, but in any event not sooner than the approval of title to the Bank Property by City, and the approval of title to the City Property by Bank, and satisfaction or waiver of contingencies, if any, by both parties. At Closing, each party shall convey fee simple title of its respective property to the other party by warranty deed, free and clear of all liens, claims, and encumbrances except easements, conditions, and restrictions of record and restrictions imposed by local zoning ordinances and other applicable law. Each party shall, at its own expense, deliver to the other an abstract of title for its respective property prepared by Black Hawk County Abstract Company. The abstract shall show marketable title in City or Bank, as appropriate, in conformity with this Agreement, Iowa law, and title standards of the Iowa State Bar Association. The conveying party shall make every reasonable effort to promptly perfect title. If Closing is delayed due to either party's inability to provide marketable title, this Agreement shall continue in force and effect until either party rescinds the Agreement after giving ten days' written notice to the other party. Ownership of abstracts shall transfer with title. Each party shall pay the costs of any additional abstracting and title work due to its own acts or omissions. Each party shall convey its respective property to the other in an "AS -IS" condition, other than as expressly set forth in this Agreement. 2. Parking and Public Improvements. City intends to redevelop Block 6 in accordance with the plan attached hereto as Exhibit "C". The parties agree that City will, through a public competitive bidding process and at its own cost and expense, undertake the parking, pedestrian, and landscaping improvements (the "Project") indicated on Exhibit "C" on the properties owned by the parties in Block 6 (both the Exhibit "A" and Exhibit "B" properties). The Project shall consist of removal of current vehicular pathways and parking, grading and leveling the site, constructing the new parking lots and driving pathways, constructing the pedestrian walkways, striping, and installing landscaping and associated irrigation systems. The Project will be done on a schedule to be mutually agreed upon by the parties. In the exercise of its discretion, City may choose to install landscaping at a later time. Any landscaping and associated irrigation systems, if any, installed by City upon the City Property, whether before or after conveyance of same to Bank, will be installed and maintained (including but not limited to mowing, if applicable) by City at its own cost and expense. However, in the event that Bank terminates this Agreement with respect to the parking arrangements provided for in Section 3 below, then effective upon the date of termination Bank will assume full responsibility, including but not limited to all cost and expense, for maintenance of landscaping on the small triangular piece bordered by and adjacent to parking spaces and Commercial Street. 3. Use of Parking Facilities. Parking lots will be constructed on the areas designated as 1 A, 3, and 4A on the map attached hereto as Exhibit "D". Following the conveyances contemplated by this Agreement, Bank will own the lots marked as areas 1 A and 3 and City will own the lot marked as area 4A. City agrees that Bank may continue to use area 4A as parking after Closing until substantial completion of new parking facilities in areas 1A and 3, and that Bank will not be displaced from use of area 4A until said substantial completion. For purposes of this Agreement the words "substantial completion" shall mean when the work has been accepted by the City, and final payment made to the contractor so that the newly constructed parking lot can be safely used. Following completion of the Project, City will use all but eleven (1 I) spaces in the diagonal parking area on the City Property, marked as area 3, as metered parking for the general public. City will retain as its sole property all meter revenues derived from parking meters in area 3. Bank will be entitled to use the parking areas marked as area 1 A and also eleven (11) of the spaces in the area marked as 3 during normal bank business hours. The eleven spaces allocated for Bank use shall be clearly marked by appropriate signage as being reserved for Bank use and no meters shall be placed on such designated parking spaces. Bank agrees that City and the general public may use available parking in both areas 1 A and 3 during hours when Bank is not open for business. It is contemplated that such parking will occur only in 2 connection with patron use of the library and public events occurring in the downtown area. City and Bank agree to cooperate in good faith to facilitate progress on the City's redevelopment plans for Block 6 and related relocation of Bank parking. Bank further agrees to cooperate in good faith with City for temporary relocation of Bank employee parking in connection with special outdoor public events. For so long as there is any shared use of parking by one party on property owned by the other party, they shall each have added to their current insurance liability coverage a statement to the effect that the other party is named as an additional named insured with respect to the liability for any injuries or property damage which may occur on the shared parking. 4. Bank's Right to Terminate City Parking Use. At any time after one year following completion of the parking improvements contemplated by Section 3 and Exhibit "D", Bank may terminate the parking arrangements provided for in Section 3 by delivery of sixty (60) days' advance written notice of termination to City. Upon such termination, City and the general public (other than Bank personnel, guests and customers) shall have no right to make use of parking areas owned by Bank, except that City and the general public may, in connection with use of the library and public events, continue to use available parking during hours when Bank is not open for business. In the event of termination of the City parking rights as described in this Section, all improvements on the property made by the City shall automatically and without further action become the property of Bank. 5. Additional Bank Parking. In addition to the parking spaces designated in Section 4 above, Bank will be entitled to use eighteen (18) spaces in a parking lot to be constructed on real property owned by City at or near the southwesterly corner of the intersection of Commercial Street and W. 3rd Street. Such use shall be only during normal bank business hours, and without any payment to City for the lease of same. Bank shall be entitled to continue to use the parking in the area designated 4A until the parking lot described in the first sentence of this Section is ready for occupancy. In the event that Bank exercises its right to terminate the parking arrangements provided for in Section 4 above, City may terminate, in whole or in part, Bank's right to use parking spaces as provided for in this Section 5. Such termination shall occur sixty (60) days after delivery of written notice of termination to Bank. 6. Maintenance of Parking Facilities. Following completion of the Project, each party will be solely responsible for all necessary repair, upkeep, and maintenance, including but not limited to snow removal, of all vehicular pathways, parking lots, sidewalks and walkways, and landscaping that are located on its own property, except as otherwise set forth in Section 2 above. 7. Representations and Warranties of Bank. Bank hereby makes the following representations and warranties with respect to the Bank Property. Said representations and warranties are true and correct in all material respects on the date of the Agreement and shall be true and correct in all material respects as of Closing. 3 A. There are no actions, lawsuits, judgments, liens, suits, claims, investigations or other proceedings pending or threatened against Bank or the Bank Property which relates to Bank's ownership, maintenance, or operation of the Bank Property and might in any way affect the Bank Property or this transaction. B. There are no claims, disputes, actions, or proceedings existing against or affecting the Bank Property that relate to environmental laws or permits and there are no hazardous substances on the Bank Property. Bank is not subject to and is not currently operating under any compliance or consent order, schedule, decree, or agreement issued or entered into under any environmental law. C. Bank has not had prepared or received any environmental reports, surveys or studies with respect to the Bank Property. City has notified Bank that City intends to obtain an updated Phase I and Phase II report from Terracon Consultants, Inc., at City's expense. The closing of this exchange is contingent upon the receipt of a report showing conditions satisfactory to City. D. The execution, delivery and performance of this Agreement and the Closing will not conflict with any provision of law applicable to Bank nor result in any breach of any provision of or constitute a default under any agreement or instrument to which Bank is a party and which would affect the marketable title or City's use of the Bank Property. E. Bank is not prohibited from consummating the transaction contemplated in this Agreement by any law, regulation, agreement, instrument, restriction, order or judgment. F. Each person who executes and delivers this Agreement and all documents to be delivered hereunder is and shall be authorized to do so on behalf of Bank. 8. Representations and Warranties of City. City hereby makes the following representations and warranties with respect to the City Property. Said representations and warranties are true and correct in all material respects on the date of the Agreement and shall be true and correct in all material respects as of Closing. A. There are no actions, lawsuits, judgments, liens, suits, claims, investigations or other proceedings pending or threatened against City or the City Property which relate to City's ownership, maintenance, or operation of the City Property or might in any way affect the City Property or this transaction. B. There are no claims, disputes, actions, or proceedings existing against or affecting the City Property that relate to environmental laws or permits. City is not subject to and is not currently operating under any compliance or consent order, schedule, decree, or agreement issued or entered into under any environmental law. 4 C. The City Property was previously used as an auto repair shop. City has provided to Bank a copy of all environmental reports, surveys or studies in its possession in respect of the City Property, including but not limited to a Phase II report prepared by Terracon Consultants, Inc., dated as of May 17, 2005 and a letter from the Iowa Department of Natural Resources dated July 12, 2005. Bank has notified City that Bank intends to obtain an updated Phase I and Phase II report on the City Property from Terracon Consultants, Inc., at Bank's expense. The closing of this exchange is contingent upon the receipt of a report showing conditions satisfactory to Bank. D. There are no general property taxes or special assessments presently due or payable in respect of the City Property. E. Following approval of this Agreement by the City Council, City shall have the right, power and authority to enter into this Agreement and to perform the terms of this Agreement. F. Following approval of this Agreement by the City Council, the execution, delivery and performance of this Agreement and the Closing will not conflict with any provision of law applicable to City nor result in any breach of any provision of or constitute a default under the agreement or instrument to which City is a party and which would affect the marketable title or Bank's use of the City Property. G. City is not prohibited from consummating the transaction contemplated in this Agreement by any law, regulation, agreement, instrument, restriction, order or judgment. 9. Indemnity. Bank and City each hereby agrees to indemnify and hold harmless each other from and against and any all claims, liabilities, losses, damages, costs and expenses, including but not limited to, reasonable attorney's fees, by reason of the breach of any representation or warranty set forth in either Section 6 or Section 7 above. 10. Real Estate Taxes and Assessments — City Property. There are no property taxes or special assessments payable in respect of the City Property. Bank shall pay all real estate taxes and special assessments that become payable in respect of the City Property after Closing. 11. Real Estate Taxes and Assessments — Bank Property. In respect of the Bank Property, Bank shall pay taxes prorated to the date of Closing and any unpaid real estate taxes payable in prior years. City shall pay all subsequent real estate taxes. Bank shall pay at closing all installments of special assessments which are certified against the Bank Property as of Closing, and all prior installments thereof In addition, all charges for solid waste removal, sewage, maintenance and other assessments that are attributable to Bank's possession, including those for which assessments arise after Closing, shall be paid by Bank. 5 12. Transfer Tax. At Closing, Bank shall pay the real estate transfer tax payable in connection with the transfer of the Bank Property to the City. No real estate transfer tax is payable in connection with transfer of the City Property to Bank. 13. Risk of Loss and Insurance. Bank shall bear the risk of loss or damage to the Bank Property prior to Closing, and City shall bear the risk of loss or damage to the City Property prior to Closing. Before and after Closing, each party shall insure its respective property in the manner and to the extent it deems fit. 14. Environmental Matters. Each party shall provide to the other at Closing a properly executed groundwater hazard statement showing no wells, solid waste disposal sites, hazardous wastes and underground storage tanks on the property of the conveying party unless disclosed here: none Within 60 days after the date of this Agreement, either party may obtain, at its sole cost and expense, a report from a qualified engineer or other person qualified to analyze the existence or nature of any hazardous materials, substances, conditions or wastes located on the property to be conveyed to it by the other party. The owner shall cooperate in providing reasonable access to the other party's inspectors and engineers. In the event any hazardous materials, substances, conditions or wastes are discovered on the property, and if the owner is required to expend any sum in excess of $2,500 to remove any hazardous materials, substances, conditions or wastes, the owner shall have the option to cancel this transaction and declare this Agreement null and void. The expense of any action necessary to remove or otherwise make safe any hazardous material, substances, conditions or waste shall be paid by the property owner, subject to said owner's right to cancel this transaction as provided in this Section. 15. Zoning Classification and Setback Lines. City states that the City Property to be conveyed to the Bank is currently classified as C-3 pursuant to the zoning ordinances of the City of Waterloo. Under the current zoning classification the setback line for the construction of buildings is zero. City states that it has no current intention to change the zoning classification or the setback lines within said zoning classification. City agrees that it will not change the setback lines for zoning classification without the consent of Bank, its successors or assigns as this is a material and substantial inducement to the Bank to enter into this transaction. 16. Termination of Easements. Reference is made to those certain permanent easements located on the Bank Property and the City Property, which were granted or reserved by predecessors in interest of the parties for purposes of an all-purpose passageway and were created by deed filed December 12, 1944 in 218 TLD 293. The parties hereby terminate said easements. 16. Costs and Expenses. Unless specifically provided to the contrary in this Agreement, each party shall bear all cost and expense of any type or nature whatsoever resulting from or arising in connection with any action that is necessary or expedient for such party to 6 perform its duties as provided in this Agreement, and neither party shall have any claim or right of reimbursement or setoff against the other for any such cost or expense. 17. Cooperation. Each party agrees to cooperate in good faith with the other party in connection with the performance of the other party's obligations hereunder or matters otherwise contemplated hereby. Bank elects to structure this transaction so as to qualify as an IRS Section 1031 Exchange, provided, however, that in no event shall City be obligated to (i) take title to any replacement property identified by Bank; (ii) act as a qualified intermediary for any deferred like - kind exchange; or (iii) incur any obligation, indebtedness, liability, cost or expense as a result of cooperating with Bank to effect such exchange. 18. No Joint Venture. Nothing in this Agreement shall, or shall be deemed or construed to, create or constitute any joint venture, partnership, agency, employment, or any other relationship between the City and Bank nor to create any liability for one party with respect to the liabilities or obligations of the other party or any other person. 19. Notices. Any notice under this Agreement shall be in writing and shall be delivered in person, by overnight delivery service, by United States registered or certified mail, postage prepaid, or by facsimile (with an additional copy delivered by one of the foregoing means), and addressed: (a) if to City, at 715 Mulberry Street, Waterloo, Iowa 50703, facsimile number 319-291-4571, Attention: Mayor, with copy to the Community Planning & Development Director. (b) if to Bank, Community National Bank, 422 Commercial Street, Waterloo, Iowa 50701, facsimile number 319-291-6760, Attention: President. Delivery of notice shall be deemed to occur (i) on the date of delivery when delivered in person, (ii) one (1) business day following deposit for overnight delivery to an overnight delivery service which guarantees next day delivery, (iii) three (3) business days following the date of deposit if mailed by United States registered or certified mail, postage prepaid, or (iv) when transmitted by facsimile so long as the sender obtains written electronic confirmation from the sending facsimile machine that such transmission was successful. 20. Amendment, Modification, and Waiver. No amendment, modification, or waiver of any condition, provision, or term of this Agreement shall be valid or of any effect unless made in writing, signed by the party or parties to be bound or by its duly authorized representative, and specifying with particularity the extent and nature of the amendment, modification, or waiver. Any waiver by any party of any default by another party shall not affect or impair any rights arising from any subsequent default. 7 21. Severability. Each provision, section, sentence, clause, phrase, and word of this Agreement is intended to be severable. If any portion of this Agreement shall be deemed invalid or unenforceable, whether in whole or in part, the offending provision or part thereof shall be deemed severed from this Agreement and the remaining provisions of this Agreement shall not be affected thereby and shall continue in full force and effect. If, for any reason, a court finds that any portion of this Agreement is invalid or unenforceable as written, but that by limiting such provision or portion thereof it would become valid and enforceable, then such provision or portion thereof shall be deemed to be written, and shall be construed and enforced, as so limited. 22. Survival. Each of the terms of this Agreement shall survive the Closing. 23. Captions. All captions, headings, or titles in the paragraphs or sections of this Agreement are inserted only as a matter of convenience and/or reference, and they shall in no way be construed as limiting, extending, or describing either the scope or intent of this Agreement or of any provisions hereof. 24. Binding Effect. This Agreement shall be binding upon and shall inure to the benefit of the parties and their respective successors, assigns, and legal representatives. 25. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original and all of which, taken together, shall constitute one and the same instrument. 26. Entire Agreement. This Agreement, together with the exhibits hereto, constitutes the entire agreement of the parties and supersedes all prior or contemporaneous negotiations, discussions, understandings, or agreements, whether oral or written, with respect to the subject matter hereof. 27. Time of Essence. Time is of the essence of this Agreement. IN WITNESS WHEREOF, the parties have executed this Property Exchange Agreement as of the date written above. COMMUNITY NATIONAL BANK CITY OF WATERLOO, IOWA By Executive VP/ CFO/ Cashier/ E. Michael Farrell Timothy J. Hu , Mayor 8 By: 4 Attest: Nancy Eckert, Clerk EXHIBIT "A" Legal Description of Bank Property See attached acquisition plat. PREPARED BY:MICHAEL R. EAGLE, EARTH TECH, 501 SYCAMORE STREET, Su1TE 222, WATERLOO. IOWA, 50703, 319-232-6531 ACQUISITION PLAT RIVERLOOP EXPO CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA OWNER: COMMUNITY NATIONAL BANK COUNTY PARCEL NO. 8913-26-230-006 PARCEL '0' ASSIGNED BY THE BLACK HAWK COUNTY AUDITOR'S OFFICE END. 3/4' PIPE PRESENT NE'LY ROW LINE JEFFERSON STREET N49°03'08'01 100.75' I hereby certify that this land Surveying document vas prepared by me or under ny direct personal supervision and that I am a duly Licensed Land Surveyor er thttiiis of he State of lova. 8�o8-01 MICHAEL R. EAGLE Date License number 8505 Hy license renewal date Is DeceaDer 31,2008 Pages or sheets covered by this seal: SHEETS I AND 2 00 2 ORIGINAL PLAT ON THE WEST SIDE OF THE CEDAR RIVER 90 C'O�y 9 FR cr 9e \ S48°54'36'E T 100.66' -END. CUT 'X' /)‹.— PRESENT SW1Y ROW LINE COMMERCIAL STREET 00- '0 FND. CUT 'X' S41°07'22'W 176.70' PRESENT NW'LY ROW LINE PARK AVENUE 541°07'22"W 125.02' THIS PLAT 0R SUBDIVISION HAS BEEN REVIEWED 8Y THE CITY OF WATERLOO, IOWA. Signature of City Ordinance Administrator Date LEGEND 447.75' M = MEASURED 447.40' R = RECORD 0 50 100 150 200 ARTE E c H SCALE IN FEET SHEET 1 OF 2 PREPARED BY: MICHAEL R. FAGLE, EARTH TECH. 501 SYCAMORE STREET. SUITE 222, WATERLOO, IOWA. 50703, 314-232-653I ACQUISITION PLAT RIVERLOOP EXPO CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA OWNER: COMMUNITY NATIONAL BANK COUNTY PARCEL NO. 8913-26-230-006 DESCRIPTION: FEE SIMPLE ACQUISITION (PARCEL 'D') A PARCEL OF LAND SITUATED IN PART OF LOTS 9 AND 10 OF BLOCK 6 OF THE ORIGINAL PLAT ON THE WEST SIDE OF THE CEDAR RIVER, AND A 10.00-F00T STRIP LYING SOUTHEASTERLY OF AND ADJOINING THE SOUTHEASTERLY LINE OF SAID LOT 10, ALL IN THE CITY OF WATERLOO, COUNTY OF BLACK HAWK, STATE OF IOWA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE PRESENT SOUTHWESTERLY RIGHT-OF-WAY LINE OF COMMERCIAL STREET AND THE PRESENT NORTHWESTERLY RIGHT-OF-WAY LINE OF PARK AVENUE; THENCE SOUTH 41° (DEGREES) 07' (MINUTES) 22" (SECONDS) WEST (ASSUMED BEARING FOR THE PURPOSE OF THIS DESCRIPTION) ON THE PRESENT NORTHWESTERLY RIGHT-OF-WAY LINE OF PARK AVENUE,176.70 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; THENCE CONTINUING SOUTH 41°07'22" WEST ON THE PRESENT NORTHWESTERLY RIGHT-OF-WAY LINE OF PARK AVENUE,125.02 FEET TO THE PRESENT NORTHEASTERLY RIGHT-OF-WAY LINE OF JEFFERSON STREET; THENCE NORTH 49°03'08" WEST ON THE PRESENT NORTHEASTERLY RIGHT-OF-WAY LINE OF JEFFERSON STREET, ALSO BEING THE SOUTHWESTERLY LINE OF SAID LOTS 9 AND 10 AND ITS EXTENSION SOUTHEASTERLY, 100.75 FEET (100.00 FEET RECORD); THENCE NORTH 4I°09'48" EAST, 125.27 FEET; THENCE SOUTH 48°54'36" EAST, 100.66 FEET (100.00 FEET RECORD) TO THE POINT OF BEGINNING. BY SURVEY CONTAINING 12,603 SQUARE FEET, OR 0.29 ACRE. TECH E C H SHEET 2 OF 2 EXHIBIT "B" Legal Description of City Property See attached acquisition plat. PREPARED SY: MICHAEL R. FAGLE, EARTH TECH, 501 SYCAMORE STREET, SUITE 222, WATERLOO, IOWA, 50703, 319-232-6531 CONVEYANCE PLAT RIVERLOOP EXPO CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA OWNER: CITY OF WATERLOO, IOWA COUNTY PARCEL NO. 8913-26-230-001, 8913-26-230-002, 8913-26-230-003 AND 8913-26-230-008 PARCEL 'C' ASSIGNED BY THE BLACK HAWK COUNTY AUDITOR'S OFFICE. ENO. 3/4' PIPE PRESENT NE'LY ROW LINE JEFFERSON STREET N41°00'04'E ORIGINAL PLAT ON THE WEST SIDE OF THE CEDAR RIVER 548°59'56'E 39.14' 4- ��i. 119.81' 66 e NO3°54'36'W 193.96' 9/ 4' • END. CUT /<-- I hereby certify that this Land Surveying111 dxunent was prepared by me or under my direct personal supervision and that I am a duly Licensed Land Surveyor under the lays of late F loves. MICHAEL R. FAREDate License weber 8505 My license renewal date Is Oeceeber 31,200E Pages or sheets covered by this seal: jHEETS 1 AND 2 of 2 E A HT H 6111w,) T EC M P.0.8. Qp PRESENT SW'1Y ROW LINE COMMERCIAL STREET N48°59'56'W 133.70' ENO. CUT '5' PRESENT NW'LY R01 LINE PARK AVENUE THI5 PLAT 0R SUBDIVISION HAS BEEN REviEt60 By THE CITY OF WATERLOO, IOWA. Signature of City Ordinance Administrator Date LEGEND 147.75' M = MEASURED 147.40' R = RECORD 0 50 100 150 200 SCALE IN FEET SHEET 1 OF 2 PREPARED 6Y: MICHAEL R. EAGLE, EARTH TECH, 501 SYCAMORE STREET, SUITE 222, WATERLOO, IOWA, 50703, 319-232-6531 CONVEYANCE PLAT RIVERLOOP EXPO CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA OWNER: CITY OF WATERLOO, IOWA COUNTY PARCEL NO. 8913-26-230-001, 8913-26-230-002, 8913-26-230-003 AND 8913-26-230-008 DESCRIPTION: CONVEYANCE PLAT (PARCEL 'C') A PARCEL OF LAND SITUATED IN PART OF LOTS 3, 4, 5, 8, 9 AND PART OF THE ALLEY, ALL IN BLOCK 6 OF THE ORIGINAL PLAT ON THE WEST SIDE OF THE CEDAR RIVER IN THE CITY OF WATERLOO, COUNTY OF BLACK HAWK, STATE OF IOWA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE PRESENT SOUTHWESTERLY RIGHT-OF-WAY LINE OF COMMERCIAL STREET AND THE PRESENT NORTHWESTERLY RIGHT-OF-WAY LINE OF PARK AVENUE; THENCE NORTH 48° (DEGREES) 59' (MINUTES) 56" (SECONDS) WEST (ASSUMED BEARING FOR THE PURPOSE OF THIS DESCRIPTION) ON THE PRESENT SOUTHWESTERLY RIGHT-OF-WAY LINE OF COMMERCIAL STREET, ALSO BEING THE NORTHEASTERLY LINE OF LOTS 1,2 AND 3 OF SAID BLOCK 6 AND ITS EXTENSION SOUTHEASTERLY, 133.70 FEET (133.00 FEET RECORD) TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; THENCE SOUTH 41°11'02" WEST, 140.92 FEET TO THE SOUTHWESTERLY LINE OF SAID LOT 3; THENCE SOUTH 49°01'32" EAST ON THE SOUTHWESTERLY LINE OF SAID LOTS 2 AND 3 A DISTANCE OF 33.21 FEET; THENCE SOUTH 41°09'48" WEST, 35.64 FEET; THENCE NORTH 48°50'12" WEST, 15.54 FEET; THENCE NORTH 03°54'36" WEST, 193.96 FEET; THENCE NORTH 41°00'04" EAST, 39.14 FEET TO THE PRESENT SOUTHWESTERLY RIGHT-OF-WAY LINE OF COMMERCIAL STREET, ALSO BEING THE NORTHEASTERLY LINE OF SAID LOT 5; THENCE SOUTH 48°59'56"EAST ON THE PRESENT SOUTHWESTERLY RIGHT-OF-WAY LINE OF COMMERCIAL STREET, ALSO BEING THE NORTHEASTERLY LINE OF SAID LOTS 5, 4, AND 3, A DISTANCE OF 119.8I FEET TO THE POINT OF BEGINNING. BY SURVEY CONTAINING 12,876 SQUARE FEET, OR 0.30 ACRE. E A R T H L1 T E c H SHEET 2 OF 2 EXHIBIT "C' Expo Site Plan See attached site landscape plan. 00000000001100000000000.00000000011 X , 41 i g ? 6 P : V 11 lib hn iii 16 nnn, I R PIA In 11 1,1 1r a 8' ; rig 1 11 g�o� # t 5 5g I ' i cSD