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HomeMy WebLinkAbout2011-601-6 /27/2011RESOLUTION NO. 2011-601 RESOLUTION AUTHORIZING THE SALE AND CONVEYANCE OF APPROXIMATELY 0.29 ACRES OF THE FORMER WESTFIELD AVENUE RIGHT-OF-WAY LOCATED NEXT TO 25 WEST COMMERCIAL STREET FOR $1.00, PLUS COSTS, AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AND DELIVER DEED FOR SAME. 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 parcels of real property in the sum of $1.00, plus costs, has been made by Westfield Lofts Condominium Association, and WHEREAS, a public hearing was held on June 27, 2011, at 5:30 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 Westfield Lofts Condominium Association, and WHEREAS, it is the opinion of this Council that sale and conveyance should be made as proposed. NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, AS FOLLOWS: 1. The following described real property, as fully described in the published notice in the Waterloo Courier on June 22, 2011, 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 Westfield Lofts Condominium Association to purchase real property for the sum of $1.00, and costs, be and it is hereby accepted for real property described below: A survey of Parcel "M" of the Southeast Quarter (SE 1/4), Section 23, Township 89 North (T89N), Range 13 West (R13W), in the City of Waterloo, Black Hawk County, State Of Iowa, more particularly described as follows: Beginning at the intersection of the current Southerly right of way line of West Commercial Street and the Northerly right of way line of Westfield Avenue, formerly know as Miles Street, said intersection is the most Easterly corner of Tract "G" of the TechWorks Addition to said City of Waterloo; thence S53°01'36"E 127.00 feet to the endpoint of a curve along Parcel "C" as recorded in Document No. 2005 17852; thence Southwesterly 24.24 feet along 23.75 foot radius curve concave Southeasterly with a long chord bearing S78004100"W 23.20 feet along said Parcel "C", to a point on the Southerly right of way line of West Commercial Street as originally platted; thence N49000'30"W 2.25 feet along said Southerly right of way line to the intersection with the Southerly line of Westfield Avenue as platted; thence S60003'48"W 144.01 feet along said Southerly right of way line of Westfield Avenue to the Northeasterly corner of Parcel "D"; thence S59048'31'W 10.60 feet along said Southerly right of way line of Westfield Avenue to the r Resolution No. 2011-601 Page 2 Northwesterly corner of said Parcel "D"; thence N14037'39"W 68.36 feet across Westfield Avenue to the Southeasterly corner of said Tract "G" of the TechWorks addition; thence N39014'56"E 117.20 feet along the Southerly line of said Tract "G", and the Northerly line of Westfield Avenue, to the point of beginning, containing 12,618.9 square feet, or 0.290 acres, of which 6,236.4 square feet is subject to public utility easements. This description has been written for the vacating of the public right of way now known as Westfield Avenue, and the disposition of said excess right of way. The total survey area: 12,618.9 square feet may also be divided as follows: 7,863.6 square feet lies in the Southeast Quarter (SE 1/4), and 4,755.3 square feet lies in the Southwest Quarter (SW 1/4), all in section 23, Township 89 North (T89N), Range 13 West (R13W), within the City of Waterloo, Black Hawk County, State of Iowa; for $1.00, plus costs, and subject to an easement being retained over, under and upon the entire area to be vacated, and applicant obtaining a signed "Intent to Vacate" form from the abutting property owner to the north and west, indicating if they do or do not have an interest in purchasing the right-of-way abutting their property. 3. That the City of Waterloo, Iowa, convey said parcels of real property to Westfield Lofts Condominium Association by deed. 4. That the Mayor and City Clerk are hereby authorized to execute and deliver deed to Westfield Lofts Condominium Association. 5. That the original of said deed fully executed and acknowledged is hereby approved and confirmed by the Council. 6. That the City Clerk is authorized and directed to deliver said deed of conveyance to Westfield Lofts Condominium Association upon receipt of the sum of $1.00, and costs. PASSED AND ADOPTED this 27th da of June, 2011. n -eh -est G. Clark, Mayor ATTEST: r --. 4S—L CERL,o Suzy 54cliares, CMC City Clerk