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HomeMy WebLinkAboutTournier Manufacturing, Inc.-Special Warranty Deed-10.12.2009 Ng. 1 fi,if FOR THE LEGAL EFFECT OF THE USE OF THIS FORM,CONSULT YOUR LAWYER Prepared by James E. Walsh, City Attorney, 715 Mulberry, Waterloo, IA, 50703, telephone number(319) 291-4327 TAX STATEMENT:Tournier Manufacturing,Inc., 1800 Burton Ave.,Waterloo,IA 50703 SPACE ABOVE THIS LINE FOR RECORDER SPECIAL WARRANTY DEED (CORPORATE) For the consideration of ($1.00) One and no/100 Dollar(s) and other valuable consideration, plus costs CITY OF WATERLOO, IOWA does hereby convey to Tournier Manufacturing, Inc. the following-described real estate in Black Hawk County, Iowa: See attached legal description. This transaction exempt from Documentary Stamp and Declaration of Value per Iowa Code§428A.2(6)(2009). Grantor does hereby covenant with Grantee and successors in interest to warrant and defend the real estate against the lawful claims of all persons claiming by,through,or under it,except as may be above stated. Each of the undersigned hereby relinquishes all rights of dower,homestead and distributive share in and to the described premises. 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: October 12, 2009 CITY OF WATERLOO, IOWA i� 'im LurHurle May Y ATTEST: 'cee arol ailor, Deput City Clerk STATE OF IOWA, BLACK HAWK COUNTY, ss: On this 12th day of October, 2009, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Tim Hurley and Carol Failor, to me personally known, and who, being by me duly sworn, did say that they are the Mayor and Deputy 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. 130013 of the City Council on the 12th day of October, 2009, and that Tim Hurley and Carol Failor acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily execute. i4 ' 1Vk; Notary Pu lie in and for the State of Mir r-- .I 1 . The following described real property, as fully described in the published notice in the Waterloo Courier on September 25, 2009, 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 Tournier Manufacturing, Inc. , to purchase real property for the sum of $1 . 00, and costs, be and it is hereby accepted for real property described below: A parcel of land situated in part of the Northwest 141 of Section 10, Township 89 North, Range 13 West of the 5th Principal Meridian, City of Waterloo, County of Black Hawk, State of Iowa, more particularly described as follows : Commencing at the West corner of said Section 10; thence North 01° (Degrees) 30' (Minutes) 35" (Seconds) West (assumed bearing for the purpose of this description) on the West line of the Northwest of said Section 10, a distance of 761 . 63 feet to the Southwesterly right-of-way line of the Canadian National Railroad; thence South 49°14' 48" East on the Southwesterly right- of-way line of the Canadian National Railroad, 101 . 34 feet to the point of beginning of the parcel of land herein described; thence continuing South 49°14' 48" East on the Southwesterly right-of-way line of the Canadian National Railroad, 708 . 00 feet; thence South 02°24' 41" East, 77 . 63 feet; thence North 61°34' 53" West, 606. 00 feet to a line that is 75. 00 feet East of and parallel with the West line of the Northwest 11 of said Section 10; thence North 01°30' 35" West on the line that is 75 . 00 feet East of and parallel with the West line of the Northwest 141 of said Section 10, a distance of 251 . 43 feet to the point of beginning. Containing 86, 064 square feet or 1 . 98 acres, all in the City of Waterloo, Black Hawk County, Iowa. 3 . That the City of Waterloo, Iowa, convey said parcels of real property to Tournier Manufacturing, Inc. , by deed. DEPARTMENT OF THE ARMY RIGHT-OF-ENTRY National Levee Database Waterloo Iowa Local Flood Protection Project (Project,Installation or Activity) (Tract Number or Other Property Identification) The undersigned, hereinafter called the"Owner," hereby grants to the UNITED STATES OF AMERICA, hereinafter called the "Government," a right-of entry upon the following terms and conditions: 1. The Owner hereby grants.:o the Government an irrevocable right of ingress and egress to enter upon the lands hereinafter described at any time within a period of twelve (12) months from the date of this instrument, in order to survey and carry out such other work as may be necessary to complete the National Levee Database project. 2. The permit includes the right of ingress and egress on other lands of the Owner not described below, provided such ingress and egress is necessary and not otherwise conveniently available to the Government. 3. All tools, equipment, and other property taken upon or placed upon the land by the Government shall remain the property of the Government and may be removed by the Government at any time within a reasonable period after the expiration of this permit or right-of-entry. 4. If any action of the Government's employees or agents in the exercise of this right-of-entry results in damage to the real property, the Government will, at its option, either repair such damage or make an appropriate settlement with tie owner. In no event shall such repair or settlement exceed the fair market value of the fee interest of the real property at the time immediately preceding such damage. The Government's liability under this clause may not exceed appropriations available for such payment, and nothing contained in this agreement may be considered as implying that Congress will at a later date appropriate funds sufficient to meet deficiencies. The provisions of this clause are without prejudice to any rights the Owner may have to make a claim under applicable laws for any damages than provided herein. 5. The land affected by this permit or right-of-entry is located in the State of Iowa, County of Black Hawk, as shown on the attached map. �� WITNESS MY HAND this � day of Dci vbtV , 2009. WATERLOO IOWA LOCAL FLOOD PROTECTION PROJECT — BY / - 94444 Signature of Authorized Repre entative of Sponsor -fur(. y. UNITED STATES OF AMERICA DATE: BY Chief, Real Estate Division rtip - a 4 r, I `, J Z LL o 2r P a A ���- Zi- 'n.D 0 ° W� . _ s n ,�' \ \ o o w • a�LL O W Q d $ l Zi F. t \ g J17- � o ur' W 0 rN J'4J4 uod. pj D. aTl b r 441: � TW "a P--e . 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