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HomeMy WebLinkAbout2013-146-2 /25/2013t Prepared by Carol Failor, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2013-146 RESOLUTION AUTHORIZING THE SALE AND CONVEYANCE OF A PORTION OF WEST SAN MARNAN DRIVE GENERALLY LOCATED BETWEEN GALACTIC DRIVE AND WEST 4TH STREET, WEST OF ANSBOROUGH AVENUE TO SUNNYSIDE SOUTH ADDITION, LLC 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 parcel of real property has been made by Sunnyside South Addition, LLC in the sum of $1.00, plus costs, and WHEREAS, a public hearing was held on February 25, 2013, 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 Sunnyside South Addition, LLC, 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 February 15, 2013, 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 Sunnyside South Addition, LLC to purchase real property for the sum of $1.00, and costs, be and it is hereby accepted in accordance with the Development Agreement for real property described below: A parcel of land located in the Southwest Quarter and the Southeast Quarter of Section 5, Township 88 North, Range 13 West of the 5th Principal Meridian; and in the Northwest Quarter and the Northeast Quarter of Section 8, Township 88 North, Range 13 West of the 5th Principal Meridian; all in Black Hawk County, Iowa, more particularly described as follows: Commencing at the Southwest corner of the Southwest Quarter of said Section 5; thence N 89049'35" E 606.20 feet along the South line of said Southwest Quarter and the North right-of-way line of W. San Marnan Drive; thence N 87038'39" E 426.83 feet along said North right-of-way line to the point of beginning; thence continuing along said right-of-way line N87°38'39" E 1621.12 feet to a point on the East line of said Southwest Quarter; thence N 87027'11" E 2014.34 feet along said North right-of-way line; thence S 02032149" E 203.81 feet to the North line of Parcel "E" as described in Doc. #2007 11227, recorded in the office of the Black Hawk County Recorder; thence S 87052'37" W Resolution No. 2013-146 Page 2 200.00 feet along North line of said Parcel "E" to the Northwest corner of said Parcel "E"; thence S 00°29146" W 17.69 feet along the West line of said Parcel "E" to the South right-of-way line of W. San Marnan Drive; thence S 87027'11" W 874.57 feet along said South right-of-way line; thence S 88040109" W 942.31 feet along said South right-of-way line; thence S 87038139" W 1617.86 feet along said South right-of-way line; thence N 0203249" W 200.00 feet to said North right- of-way line and the point of beginning, containing 17.323 acres, subject to a utility easement across the Southerly 70 feet of the above described parcel. Except The East 261 feet of the above described parcel. Also Except that part of the W. San Marnan Drive right- of-way vacated by City of Waterloo ordinance #5146, described as follows: A parcel of land located in the Southwest Quarter and the Southeast Quarter of Section 5, Township 88 North, Range 13 West of the 5th Principal Meridian; and in the Northwest Quarter and the Northeast Quarter of Section 8, Township 88 North, Range 13 West of the 5th Principal Meridian; all in Black Hawk County, Iowa, more particularly described as follows: Commencing at the Southwest corner of the Southwest Quarter of said Section 5; thence N 89°4935" E 606.20 feet along the South line of said Southwest Quarter and the North right-of-way line of W. San Marnan Drive; thence N 87038'39" E 894.24 feet along said North right-of-way line to the point of beginning; thence continuing along said right-of-way line N87038139" E 1153.71 feet to a point on the East line of said Southwest Quarter; thence N 87027'11" E 1446.30 feet along said North right-of-way line; thence S 02032'49" E 145.00 feet to a point 75 feet normally distant North of the South right of way line of W. San Marnan Drive; thence S 87027111" W 506.66 feet along a line 75 feet North of and parallel with said South right-of-way line; thence S 88040'09" W 942.73 feet along a line 75 feet North of and parallel with said South right-of-way line to a point on the West line of said Northeast Quarter of Section 8; thence S 87038'39" W 1150.83 feet along a line 75 feet North of and parallel with said South right-of-way line; thence N 0203249" W 125.00 feet to the point of beginning; containing 7.910 acres, more or less. 3. That the City of Waterloo, Iowa convey said parcel of real property to Sunnyside South Addition, LLC by deed. 4. That the Mayor and City Clerk are hereby authorized to execute and deliver deed to Sunnyside South Addition, LLC. 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 Sunnyside South Addition, LLC upon receipt in the sum of $1.00, and costs. Resolution No. 2013-146 Page 3 PASSED AND ADOPTED this 25th day of February, 2013. ZZ/ / "�Y Zge nest G. Clark, Mayor ATTEST: .(�� Suzy Sc ares, CMC City Clerk