HomeMy WebLinkAbout1988-577-10.10.1988 RESOLUTION NO. 1988-577
RESOLUTION AUTHORIZING THE SALE N
SAN
OF
A PORTION OF THE SOUTHERLY RIGHT
MARNAN DRIVE AND A PORTION OF THE EAST RIGHT-OF-WAY OF
HAMMOND AVENUE TO LOCKARD DEVELOPMENT,
INC. FOR
$15 , 542 . 00 , PLUSCOOTS AN EXECDTEUANDRIZING DELIVERHA DEED MAYOR
DEPUTY CITY CLERK
SAME, AND ALSO REPEALING RESOLUTION NO. 1988-529 IN ITS
ENTIRETY.
WHEREAS, the City oWterlooQ Waterloo,
IowaWaasldescribed owner
belowreand
property in the City of Wa
cel of
WHEREAS, an omfof $15p542h00e plua costs ,nhasrbeen madeaby
l
property in the su
Lockard Development, Inc. , and
WHEREAS, a public hearing was held on September 19 , 1988 , at
7 : 00 P.M. in the Council Chambers in 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 Lockard Development, Inc. , Waterloo, Iowa, and
WHEREAS, it is the opinion of this Council that sale and
conveyance should be made as proposed.
WHEREAS, the legal description, as set out in Resolution No.
1988-529 mistakWcontained
y of legal
Wateraoocdidtion of a not hold title nand
of
real estate to which
WHEREAS, it is the opinion of this Council that this
Resolution should be adopted to correct the legal description of
the real estate to be conveyed in order to clarify, for purposes
of any future title objections, the conveyance of said real
estate.
NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE COUNCIL OF THE
CITY OF WATERLOO, IOWA, AS FOLLOWS:
1 . The following described real property, except that
portion which is owned by the State of Iowa, described below,
which was fully described in the published notice in the Waterloo
Courier on September 9 , 1988 , which publication included the real
property belonging to the State of Iowa, is not presently needed
and will not be needed in the foreseeable future for municipal
purposes and its ownership is serving no municipal purpose:
A part of Lot 13 , Southtown, Waterloo, Black Hawk County,
Iowa, described as follows:
Beginning at a point on the Northerly line of said Lot 13
which is 27 . 10 feet Easterly of the NW corner of said Lot 13 ;
thence N. 89°26 ' 30" E. along the Northerly line of said Lot
13 a distance of 30 . 00 feet; thence S. 04°36 ' 05" E. a
distance of 562 . 15 feet to the Southerly line of said Lot 13 ;
thence S. 89°28 ' 00 W. along the Southerly line of said Lot 13
a distance of 10 . 00 feet; thence N. 06°37 ' 44" W. a distance
of 563 . 91 feet to the point of beginning.
The Northerly line of Lot 13 , Southtown, Waterloo, Black Hawk
County, Iowa, is assumed to bear N. 89°26 ' 30" E.
2. That the offer of Lockard Development, Inc. to purchase
real property for the sum of $15 ,542. 00 and costs be, and it is
hereby accepted for real property described below:
A part of Lot 1 , Southtown, Waterloo, Black Hawk County,
Iowa, described as follows:
Cup" 2,82 ikk 745
Resolution No. 1988-577
Page 2
Commencing at the NW corner of the NW 1/4 of Section
11-88-13 ; thence S. 00°00 ' 00" W. along the West line of said
NW 1/4 a distance of 475 . 00 feet; thence N. 90°00 ' 00" E. a
distance of 55 . 00 feet to the point of beginning; thence N.
00°05 ' 00" W. a distance of 135 . 36 feet to the Northerly line
of said Lot 1; thence S. 88°50 ' 30" E. along the Northerly
line of said Lot 1 a distance of 10 . 00 feet; thence S.
00°05 ' 00" E. a distance of 134 . 02 feet; thence S. 05°02 ' 00"
E. a distance of 228 . 60 feet to the Southerly line of said
Lot 1 ; thence S. 89°26 ' 30" W. along the Southerly line of
said Lot 1 a distance of 30 . 10 feet; thence N. 00°00 ' 00" E. a
distance of 226 . 89 feet to the point of beginning;
The West line of the NW 1/4 of Section 11-88-13 is assumed to
bear S. 00° 00 ' 00" W.
and also;
A part of the NW 1/4 of Section 11-88-13 and a part of the SW
1/4 of Section 2-88-13 , Waterloo, Black Hawk County, Iowa,
described as follows:
Beginning at a point on the Northerly line of Lot 1 ,
Southtown, Waterloo, Black Hawk County, Iowa, which is 22 . 00
feet Easterly of the NW corner of said Lot 1 ; thence N.
00°00 ' 00" E. a distance of 50 . 00 feet; thence N. 59°47 ' 19" E.
a distance of 316 . 08 feet; thence N. 49°56 ' 30" E. a distance
of 262 . 21 feet; thence N. 89°26 ' 30" E. parallel with the
South line of said SW 1/4 a distance of 172 . 93 feet to the
Northerly line of Lot 4 , Southtown, Waterloo, Black Hawk
County, Iowa; thence S. 49°56 ' 30" W. along the Northerly line
of said Lots 4 and 1 a distance of 595 . 65 feet; thence N.
88°50 ' 30" W. along the Northerly line of said Lot 1 a
distance of 190 . 90 feet to the point of beginning.
The West line of the NW 1/4 of Section 11-88-13 is assumed to
bear S. 00°00 ' 00" E.
and, also;
A part of the SW 1/4 of Section 2-88-13 , Waterloo, Black Hawk
County, Iowa, described as follows :
Commencing at the Northeast corner of Lot 4 , Southtown,
Waterloo, Black Hawk County, Iowa; thence S. 89°26 ' 30" W.
along the Northerly line of said Lot 4 a distance of 357 . 10
feet to the point of beginning; thence S. 89°26 ' 30" W.
parallel with the South line of said SW 1/4 a distance of
172 . 93 feet; thence N. 49°56 ' 30" E. a distance of 429 . 92 feet
to the Easterly R-O-W line of E. San Marnan Drive; thence S.
00°14 ' 00" E. along said Easterly R-O-W line a distance of
143 . 23 feet; thence S. 49°56 ' 30" W. along said Easterly R-O-W
line a distance of 204 . 75 feet to the point of beginning.
The South line of the SW 1/4 of Section 2-88-13 is assumed to
bear S. 89°26 ' 30" W. ;
subject to the retention of a permanent easement over, under
and above the above described parcels.
3 . That the City of Waterloo, Iowa, convey said parcels of
real property to Lockard Development, Inc. by Quit Claim Deed.
4 . That the Mayor and City Clerk are hereby authorized to
execute and deliver deed to Lockard Development, Inc.
5. That the original of said deed fully executed and
acknowledged is hereby approved and confirmed by the Council.
600K 232 ?AGE 74U
Resolution No. 1988-577
Page 3
6. That the City Clerk is authorized and directed to
deliver said deed of conveyance to Lockard Development, Inc. upon
receipt of the sum of $15,542. 00, and costs.
7 . That the Resolution No. 1988-529, which Resolution
authorized the sale and conveyance of property belonging to the
City of Waterloo, and also, that portion, as described above,
which belongs to the State of Iowa, is hereby repealed in its
entirety, and this Resolution is adopted in lieu thereof.
PASSED AND ADOPTED this 10th day of October, 1988.
(ibjjt"Aila.t.49
Bernard L. Mc nley, May or
Y
ATTEST: r7
La>i t j P rger Ci Clerk/Auditor
a , .`
r". `;,;
INDEXED
COMPARED/ilk—
PAGED
�-- (3;A:IK WOK COUNTY, IOWA:SS
Pei for record O cA l g 19 gy
�t /!:S-s A M, and recorded in
Book a J,Z
Page 7 S"
CD
Recorder
Beirty 44
fee /5. 00
byvv. edy bOtatidtv
BOOK 282 PAGE 747
STATE C♦F ®wA •
I do solemnly swear that the annexed copy of Legal
SS
Black Hawk County, —L. City of Waters oo : Resolution No . 1988-502
NOTICE OF PUBLIC HEARING I
TO WHOM IT MAY CONCERN: •
I notice waspublished in the bintcrtoo courier a daily newspaper printed in Waterloo,
Notice Is hereby given that on the 1
19th day of September, 1988, at
7:00 p.m.,pursuant to the Council Black Hawk Count I
I Resolution No. 1988-502, adopted y, Iowa once tt- -eel}98Qtl44ye-
September 6,1988,In the Council
Chambers In the City Hall In the
City of Waterloo, Iowa, a public commencingtiter da
hearing will be held by the Council on 7 �t`- in the issue/of __
of the City of Waterloo, Iowa,on
the proposal to vacate, sell and September 9, 1988
convey a portion of the east side cif
Hammond Avenue and the south
side of East San Marnan Drive
owned by the City of Waterloo,
Iowa, to Lockard Development, of said Inc.,legally described as follows:
newspaper, and that the annexed rate of
A part of Lot 1,Southtown,Water-
, loo, Black Hawk County, Iowa, advertising Is the regular legal rate of said newspaper, and that the following Is a correct bill for
described as
Commenncingfati the sNW corner of publishing said notice.
the NW 1/4 of Section 11-88-13; Printer's Bill -�� �
thence S.00°00'00"W. along the
West line of said NW 1/4 a dis-
tance of 475.00 feet; thence N.
90°00'00" E. a distance of 55.00
feet to the point of beginning;
thence N.00°05'00"W.a distance Signed
of 135.36 feet to the Northerly line '.
of said Lot 1;thence S.88°50'30" ib SU scred and sworn to before me this
4 day Of E.along the Northerly line of said
Lot 1 a distance of 10.00 feet;
thence S.00°05'00"E.a distance
of 134.02 feet;thence S.05°02'00" si( , e/�
E.a distance of 228.60 feet to the 5 A.D., 19
Southerly line of said Lot 1;
thence S.89°26'30"W.along the
Southerly line of said Lot 1 a dis- -
tance of 30.10 feet; thence N. v
00°00'00" E. a distance of 226.89 Notary Public
feet to the point of beginning;
The West line of the NW 1/4 of Received of
Section 11-88-13 Is assumed to bear S.00°00'00"W.
and also;
A part of Lot 13, Southtown, the sum of Dollars
Waterloo, Black Hawk County,
Iowa,described arfollows: in full for publication of the above notice.
Beginning at a point on the North-
erly line of said Lot 13 which is
27.10 feet Easterly of the NW corn-
er of said Lot 13, thence N.
89°26'30"E.along the Northerly
line of said Lot 13 a distance of
30.00 feet;thence S.04°36'05"E.a
distance of 562.15 feet to the South-
erly line of said Lot 13;thence S.
89°28'00"W.along the Southerly
line of said Lot 13 a distance of
10.00 feet;thence N.06°37'44"W.
a distance of 563.91 feet to the
point of beginning.
The Northerly line of Lot 13,
Southtown, Waterloo, Black
Hawk County,Iowa,Is assumed to
bear N.89°26 minutes 30 seconds
E.
and also;
A part of the NW 1/4 of Section
11-88-13 and a part of the SW 1/4 of
Section 2-88-13, Waterloo, Black
Hawk County,Iowa,described as
follows:
Beginning at a point on the North-
erly line.of Lot 1, Southtown,
Waterloo, Black Hawk County,
Iowa,which is 22.00 feet Easterly
of the NW corner of said Lot 1;
thence N.00°00'00"E.a distance
of 50.00 feet; thence N.59°47'19"
E.a distance of 316.08 feet;thence
N.49°56'30"E.a distance of 262.21
feet;thence N.89°26'30"E.para-
llel with the South line of said SW
1/4 a distance of 172.93 feet to the
Northerly line of tot 4,Southtown,
Waterloo, Black Hawk County,
Iowa; thence S. 49°56'30" W.
along the Northerly line of said INDEXED
� 4
Lots 4 and 1 a distance of 595.65
feet;thence N.88°50'30"W.along 'the Northerly line of said Lot 1 a COMPARED Pt--
distance of 190.90 feet to the point
of beginning. PAGED /�
of
Selihe West -ine of the NWsu 1/ed to WACK WWI( COUNTY, IOWA:SS
Section 11-88-13 Is assumed to' c.
bear S.00°00'00"E.
and,also; Filed for record 0ej /I 19 gr
A part of the SW 1/4 of Section
513, a oo, Bibed Hawk, //. S-; ,4 Ht and recorded in '
County, Iowa, described as ,,
Commencing at the Northeast / X2f - Book as a corner of Lot 4,Southtown,Water-
loo, Black Hawk County, Iowa;
thence S.89°26'30"W.along the Page 75teci
Northerly line of said Lot 4 a •
I distance of 357.10 feet to the point
of beginning;thence S.89°26'30" N
I'W.parallel with the South line of f 1.✓�e4 N
said SW 1/4 a distance of 172.93
feet;thence N.49°56'30"E.a dis-
tance of 429.92 feet to the Easterly
-
R-O-W line of E. Sa,n Marnan
Drive, thence S. 00°14'00" E. Recor��J;
along said Easterly R-O-W line a
distance of 143.23 feet; thence S. Depui
49°56'30"W.along said Easterly
R-O-W line a distance of 204.75 fee
to the point of beginning. 5. 00
The South line of the SW 1/4 of
Section 2-88-13 Is assumed to bearS.
m neat easement
me
subject to the rentention of a per- ((.�_pl/i/ Jy/
ma neat easement over,under and
above the above described
parcels,
for S17,000.00,plus costs.
Anyone who Is Interested may ap-
pear at said tlrrfe and place and be
heard or may file written objec-
tions with the City Clerk, City
Hall,Waterloo,Iowa,on or before
the date set for said hearing. rlioo
B +�
of order l thIs Council f the City CO4 PAGE /48
of Waterloo this 6th day of Sep- bOCK
tember,1988.
Larry P.Burger
City Clerk/Auditor
RESOLUTION NO. 1988-577
RESOLUTION AUTHORIZING THE SALE AND CONVEYANCE OF
A PORTION OF THE SOUTHERLY RIGHT-OF-WAY OF EAST SAN
MARNAN DRIVE AND A PORTION OF THE EAST RIGHT-OF-WAY OF
HAMMOND AVENUE TO LOCKARD DEVELOPMENT, INC. FOR
$15 , 542 . 00 , PLUS COSTS AND AUTHORIZING THE MAYOR AND
DEPUTY CITY CLERK TO EXECUTE AND DELIVER A DEED FOR
SAME, AND ALSO REPEALING RESOLUTION NO. 1988-529 IN ITS
ENTIRETY.
WHEREAS, the City of Waterloo, Iowa, is the owner of real
property in the City of Waterloo, Iowa, as described below, and
WHEREAS, an offer to purchase said certain parcel of real
property in the sum of $15 , 542. 00 , plus costs, has been made by
Lockard Development, Inc. , and
WHEREAS, a public hearing was held on September 19, 1988 , at
7 : 00 P.M. in the Council Chambers in 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 Lockard Development, Inc. , Waterloo, Iowa, and
WHEREAS, it is the opinion of this Council that sale and
conveyance should be made as proposed.
WHEREAS, the legal description, as set out in Resolution No.
1988-529 mistakenly contained a legal description of a portion of
real estate to which the City of Waterloo did not hold title; and
WHEREAS, it is the opinion of this Council that this
Resolution should be adopted to correct the legal description of
the real estate to be conveyed in order to clarify, for purposes
of any future title objections, the conveyance of said real
estate.
NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE COUNCIL OF THE
CITY OF WATERLOO, IOWA, AS FOLLOWS:
1 . The following described real property, except that
portion which is owned by the State of Iowa, described below,
which was fully described in the published notice in the Waterloo
Courier on September 9 , 1988 , which publication included the real
property belonging to the State of Iowa, is not presently needed
and will not be needed in the foreseeable future for municipal
purposes and its ownership is serving no municipal purpose:
A part of Lot 13 , Southtown, Waterloo, Black Hawk County,
Iowa, described as follows:
Beginning at a point on the Northerly line of said Lot 13
which is 27 . 10 feet Easterly of the NW corner of said Lot 13 ;
thence N. 89°26 ' 30" E. along the Northerly line of said Lot
13 a distance of 30 . 00 feet; thence S. 04°36 ' 05" E. a
distance of 562 . 15 feet to the Southerly line of said Lot 13 ;
thence S. 89°28 ' 00 W. along the Southerly line of said Lot 13
a distance of 10 . 00 feet; thence N. 06°37 ' 44" W. a distance
of 563 . 91 feet to the point of beginning.
The Northerly line of Lot 13 , Southtown, Waterloo, Black Hawk
County, Iowa, is assumed to bear N. 89°26 ' 30" E.
2 . That the offer of Lockard Development, Inc. to purchase
real property for the sum of $15 , 542 . 00 and costs be, and it is
hereby accepted for real property described below:
A part of Lot 1 , Southtown, Waterloo, Black Hawk County,
Iowa, described as follows:
Resolution No. 1988-577
Page 2
Commencing at the NW corner of the NW 1/4 of Section
11-88-13 ; thence S. 00°00 ' 00" W. along the West line of said
NW 1/4 a distance of 475 . 00 feet; thence N. 90°00 ' 00" E. a
distance of 55 . 00 feet to the point of beginning; thence N.
00°05 ' 00" W. a distance of 135 . 36 feet to the Northerly line
of said Lot 1 ; thence S. 88°50 ' 30" E. along the Northerly
line of said Lot 1 a distance of 10. 00 feet; thence S.
00°05 ' 00" E. a distance of 134 . 02 feet; thence S. 05°02 ' 00"
E. a distance of 228 . 60 feet to the Southerly line of said
Lot 1 ; thence S. 89°26 ' 30" W. along the Southerly line of
said Lot 1 a distance of 30 . 10 feet; thence N. 00°00 ' 00" E. a
distance of 226 . 89 feet to the point of beginning;
The West line of the NW 1/4 of Section 11-88-13 is assumed to
bear S. 00° 00 ' 00" W.
and also;
A part of the NW 1/4 of Section 11-88-13 and a part of the SW
1/4 of Section 2-88-13 , Waterloo, Black Hawk County, Iowa,
described as follows:
Beginning at a point on the Northerly line of Lot 1 ,
Southtown, Waterloo, Black Hawk County, Iowa, which is 22 . 00
feet Easterly of the NW corner of said Lot 1 ; thence N.
00°00 ' 00" E. a distance of 50 . 00 feet; thence N. 59°47 ' 19" E.
a distance of 316 . 08 feet; thence N. 49°56 ' 30" E. a distance
of 262 . 21 feet; thence N. 89°26 ' 30" E. parallel with the
South line of said SW 1/4 a distance of 172 . 93 feet to the
Northerly line of Lot 4 , Southtown, Waterloo, Black Hawk
County, Iowa; thence S. 49°56 ' 30" W. along the Northerly line
of said Lots 4 and 1 a distance of 595 . 65 feet; thence N.
88°50 ' 30" W. along the Northerly line of said Lot 1 a
distance of 190 . 90 feet to the point of beginning.
The West line of the NW 1/4 of Section 11-88-13 is assumed to
bear S. 00°00 ' 00" E.
and, also;
A part of the SW 1/4 of Section 2-88-13 , Waterloo, Black Hawk
County, Iowa, described as follows :
Commencing at the Northeast corner of Lot 4 , Southtown,
Waterloo, Black Hawk County, Iowa; thence S. 89°26 ' 30" W.
along the Northerly line of said Lot 4 a distance of 357 . 10
feet to the point of beginning; thence S. 89°26 ' 30" W.
parallel with the South line of said SW 1/4 a distance of
172 . 93 feet; thence N. 49°56 ' 30" E. a distance of 429 . 92 feet
to the Easterly R-O-W line of E. San Marnan Drive; thence S.
00°14 ' 00" E. along said Easterly R-O-W line a distance of
143 . 23 feet; thence S. 49°56 ' 30" W. along said Easterly R-O-W
line a distance of 204 . 75 feet to the point of beginning.
The South line of the SW 1/4 of Section 2-88-13 is assumed to
bear S. 89°26 ' 30" W. ;
subject to the retention of a permanent easement over, under
and above the above described parcels.
3 . That the City of Waterloo, Iowa, convey said parcels of
real property to Lockard Development, Inc. by Quit Claim Deed.
4. That the Mayor and City Clerk are hereby authorized to
execute and deliver deed to Lockard Development, Inc.
5 . That the original of said deed fully executed and
acknowledged is hereby approved and confirmed by the Council.
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