HomeMy WebLinkAbout2016-786-10/3/2016Prepared by Kelley Felchle, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo,
IA 50703, (319) 291-4323.
RESOLUTION NO. 2016-786
RESOLUTION AUTHORIZING THE SALE AND
CONVEYANCE OF A PORTION OF LOGAN AVENUE
FRONTAGE ROAD RIGHT-OF-WAY LOCATED ADJACENT
TO 2038 LOGAN AVENUE TO NORTH CROSSING, LLC, IN
THE AMOUNT OF $1.00.
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
North Crossing, LLC, in the sum of $1.00, and
WHEREAS, a public hearing was held on October 3, 2016 at 5:30 p.m. in the Council
Chambers at City Hall for the City of Waterloo, Iowa, on the proposal to sell and convey a
portion of Logan Avenue frontage road right-of-way owned by the City of Waterloo located
adjacent to 2038 Logan Avenue to North Crossing, 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 September 23, 2016, 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 North Crossing, LLC, to purchase real property, a portion of Logan
Avenue frontage road right-of-way, located adjacent to 2038 Logan Avenue, for the sum of
$1.00, is hereby accepted and described as follows:
Legal Description of real property, a portion of Logan Avenue frontage road right-of-way:
A PARCEL OF LAND SITUATED IN PART OF THE EAST 67.00 FEET OF THE
WEST 100.00 FEET OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF
SECTION 12, TOWNSHIP 89 NORTH, RANGE 13 WEST OF THE 5T' PRINCIPAL
MERIDIAN, CITY OF WATERLOO, COUNTY OF BLACK HAWK, STATE OF
IOWA, DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 12; THENCE
NORTH 89° (DEGREES) 18' (MINUTES) 43" (SECONDS) EAST (ASSUMED
BEARING FOR THE PURPOSE OF THIS DESCRIPTION) ON THE SOUTH LINE OF
SAID SECTION 12, A DISTANCE OF 100.00 FEET; THENCE NORTH 00°49'51"
WEST ON THE EAST LINE OF THE WEST 100.00 FEET OF THE SOUTHWEST 11 /4
OF THE SOUTHWEST 1/4 OF SAID SECTION 12, A DISTANCE OF 49.63 FEET TO
THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED;
THENCE NORTH 77°52'20" WEST, 36.94 FEET; THENCE NORTH 00°49'51"
WEST; 877.96 FEET; THENCE NORTH 89°10'13" EAST, 36 FEET TO THE EAST
LINE OF THE WEST 100.00 FEET OF THE SOUTHWEST 11 /4 OF THE SOUTHWEST
'A OF SAID SECTION 12; THENCE SOUTH 00°49'51" EAST ON THE EAST LINE
Resolution No. 2016-786
Page 2
OF THE WEST 100.00 FEET OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF
SAID SECTION 12, A DISTANCE OF 886.24 FEET TO THE POINT OF BEGINNING.
CONTAINING 31,756 SQUARE FEET OR 0.73 ACRE.
3. That the City of Waterloo, Iowa conveys said parcel of real property to North
Crossing, LLC, by deed.
4. That the Mayor and City Clerk are hereby authorized to execute said deed.
5. That the original of said deed fully executed and acknowledged is hereby approved
and confirmed by the Council.
6. That the Community Planning and Development Director is authorized and directed to
deliver said deed of conveyance to North Crossing, LLC, upon receipt in the sum of $1.00.
7. Subject to the retention of a five (5) foot permanent utility easement described below.
Description: for 5 -foot permanent utility easement.
A PARCEL OF LAND SITUATED IN PART OF THE EAST 67.00 FEET OF THE
WEST 100.00 FEET OF THE SOUTHWEST 1/4 OF THE SOUTHWEST I/4 OF
SECTION 12, TOWNSHIP 89 NORTH, RANGE 13 WEST OF TFI K 5TH PRINCIPAL
MERIDIAN, CITY OF WATERLOO, COUNTY OF BLACK HAWK, STATE OF
IOWA, DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 12; THENCE
NORTH 89° (DEGREES) 18' (MINUTES) 43" (SECONDS) EAST (ASSUMED
BEARING FOR THE PURPOSE OF THIS DESCRIPTION) ON THE SOUTH LINE OF
SAID SECTION 12, A DISTANCE OF 100.00 FEET; THENCE NORTH 00°49'51"
WEST ON THE EAST LINE OF THE WEST 100.00 FEET OF THE SOUTHWEST 1/4
OF THE SOUTHWEST 1/4 OF SAID SECTION 12, A DISTANCE OF 49.63 FEET;
THENCE NORTH 77°52'20" WEST, 31.81 FEET TO THE POINT OF BEGINNING
OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE CONTINUING
NORTH 77°52'20" WEST, 5.13 FEET; THENCE NORTH 00°49'51" WEST; 877.96
FEET; THENCE NORTH 89°10'13" EAST, 5.00 FEET; THENCE SOUTH 00°49'51"
EAST, 877.96 FEET TO THE POINT OF BEGINNING.
CONTAINING 4,393 SQUARE FEET OR 0.10 ACRE.
PASSED AND ADOPTED this 3rd day of October 2016.
Quentin Hart, Mayor
ATTEST:
elley Fele
Deputy City lerk
Paga1 of 2 •
1111111111111 1111111110111111111
Doc ID: 008276690002 Type: OEN
Recorded:
Fee Amt: 11/15/2017 at
54:03 PM
Page 1 al' 2
Revenue Tax: $0.00
Black Hawk County Iowa
SANDIE L. SMITH RECORDER
F11e2018-00008600
File Number: 2018-00008600 Seq: 1
1
Prepared by David R. Zcllhocfer, City Attorney, 715 Mulberry, Waterloo, TA, 50703, telephone (319) 291-4327
TAX STATEMENT:
For the consideration
Dollar(s) and
does hereby Quit
Noah Crossinth, LLC, 808 Dearborn, Waterloo, Iowa 50703 SPACE ABOVE THIS LINE FOR
RECORDER
QUIT CLAIM DEED
of ($1.00) One Dollar and no/100
other valuable consideration, plus costs
CITY OF WATERLOO, IOWA
Claim to
NORTH CROSSING, LLC,
all our right, title,
Black Hawk County,
interest, estate, claim and demand in the following -described real estate in
Iowa:
description marked Exhibit "A".
from Documentary Stamp and Decluntion of Value per Iowa Code §428A2(6) (2015).
hereby id inquishcs all rights of dower, homestead and distributive share in and to the real estate.
heroin, including acknowledgment hereof, shall beconsuned as in the singular or plural nnn,ber, and as masculine or
ib the context.
3; 2016 CITY OF WATERLOO, IOWA
• 1
See attached legal
This transaction exempt
Each of the hndersigned
-'' Wgrds•and plv s0s
fesi,6degender, according
C] 1
Dkted5.Otober
v t
-+1'-•
ATTEST'""
Il"-
Quentin Hart, Mayor
401A)€->
Kelley Fe Fe hle,
STATE OF IOWA,
On this
personally appeared
say that they are
the foregoing instrument
behalf of the corporation
under Council Action
Kelley Felchle, acknowledged
and dccd of the corporation,
Deputy City Clerk
COUNTY OF BLACK HAWK ) ss
3'd day of October, 2016, before me, the undersigned, a Notary Public in and for the State of Iowa,
Quentin Hart and Kelley Felchle, to me personally known, and who, being by me duly sworn, did
the Mayor and Deputy City Clerk, respectively, of the City of Waterloo, Iowa; that the seal affixed to
is the corporate seal of the corporation, and that the instrument was signed and sealed on
by authority of its City Council as contained in the Resolution adopted by the City Council,
No. 146629 of the City Council on the 3rd day of October, 2016, and that Quentin Hart and
the execution of the instrument to be their voluntary act and deed and the voluntary act
by it voluntarily executed.
Ili j.
ota Public in nd for th State of tows
File Number: 2018-00008600 Seq: 1
Page 2 of 2
Exhibit "A": Legal Description
A parcel of land situated in part of the East 67.00 feet of the West 100.00 feet of the Southwest '/° of the
Southwest '/a of Section 12, Township 89 North, Range 13 West of the 5th Principal Meridian, City of
Waterloo, County of Black Hawk, State of Iowa, described as follows:
Commencing at the Southwest corner of said Section 12; thence North 89° (Degrees) 18' (Minutes) 43"
(Seconds) East (assumed bearing for the purpose of this description) on the South line of said Section
12, a distance of 100.00 feet; thence North 00°49'51" West on the East line of the West 100.00 feet of
the southwest ''A of the Southwest '/< of said Section 12, a distance of 49.63 feet to the point of
beginning of the parcel of land herein described; thence North 77°52'20" West, 36.94 feet; thence
North 00°49'51" West, 877.96 feet; thence North 89°10'13" East, 36 feet to the East line of the West
100.00 feet of the Southwest % of the Southwest % of said Section 12; thence South 00°49'51" East on
the East line of the West 100.00 feet of the Southwest 1/4 of the Southwest '/< of said Section 12, a
distance of 886.24 feet to the point of beginning.
Containing 31,756 square feet or 0.73 acre.
Subject to the retention of a five (5) foot permanent utility easement described below:
A parcel of land situated in part of the East 67.00 feet of the West 100.00 feet of the Southwest Y of the
Southwest % of Section 12, Township 89 North, Range 13 West of the 5th Principal Meridian, City of
Waterloo, County of Black Hawk, State of Iowa, described as follows:
Commencing at the Southwest corner of said Section 12; thence North 89° (Degrees) 18' (Minutes) 43"
(Seconds) East (assumed bearing for the purpose of this description) on the South line of said Section 12,
a distance of 100.00 feet; thence North 00°49'51" West on the East line of the West 100.00 feet of the
Southwest % of the Southwest '/< of said Section 12, a distance of 49.63 feet; thence North 77°52'20"
West, 31.81 feet to the point of beginning of the parcel of land herein described; thence continuing
North 77°52'20" West, 5.13 feet; thence North 00°49'51" West, 887.96 feet; thence North 89°10'13"
East, 5.00 feet; thence South 00°49'51" East, 877.96 feet to the point of beginning.
File Number: 2018-00008600 Seq: 2
STATE OF IOWA, }
Black Hawk County, SS
NOTICE OF PUBLIC HEARING
TO WHOM IT MAY CONCERN:
Notice Is hereby given that on the 3rd day
of October 2016, at 5:30 p.m., In the
Harold E. Getty Council Chambers in the
City Hall In the City of Waterloo, Iowa, a
public hearing will be held by the Council
of the City of Waterloo, Iowa, to authorize
the vacation, sale and conveyance of a
portion of Logan Avenue frontage; road
right-of-way adjacent to 2038 Logan
Avenue to North Crossing, LLC, in the
amount of 51.00, legally described as
follows:
DESCRIPTION: FOR VACATING A
PART OF THE FRONTAGE ROAD
RIGHT-OF-WAY
A PARCEL OF LAND SITUATED IN
PART OF THE EAST 67.00 FEET OF
THE WEST 100.00 FEET OF THE
SOUTHWEST 1/4 OF THE SOUTHWEST
1/4 OF SECTION 12, TOWNSHIP 89
NORTH, RANGE 13 WEST OF THE 5TH
PRINCIPAL MERIDIAN, CITY OF WA-
TERLOO, COUNTY OF BLACK HAWK,
STATE OF IOWA, DESCRIBED AS
FOLLOWS.
COMMENCING AT THE SOUTHWEST
CORNER OF SAID SECTION 12;
THENCE NORTH 89° (DEGREES) 18'
(MINUTES) 43" (SECONDS) EAST (AS-
SUMED BEARING FOR THE PURPOSE
OF THIS DESCRIPTION) ON THE
SOUTH LINE OF SAID SECTION 12, A
DISTANCE OF 100.00 FEET; THENCE
NORTH 00°49'51" WEST ON THE EAST
LINE OF THE WEST 100.00 FEET OF
THE SOUTHWEST 1/4 OF THE SOUTH-
WEST 1/4 OF SAID SECTION 12, A
DISTANCE OF 49.63 FEET TO THE
POINT OF BEGINNING OF THE PARCE-
LOF LAND HEREIN DESCRIBED;
THENCE NORTH 77°52'20" WEST,
36.94 FEET; THENCE NORTH 00°49'51"
WEST; 877.96 FEET; THENCE NORTH
89°10'13' EAST, 36,00 FEET TO THE
EAST LINE OF THE WEST 100.00 FEET
OF THE SOUTHWEST 1/4 OFTHE
SOUTHWEST 1/4 OF SAID SECTION
12; THENCE SOUTH 00°49'51' EAST
ON THE EAST LINE OF THE WEST
100.00 FEET OF THE.SOUTHWEST 1/4
OF THE SOUTHWEST 1/4 OF SAID
SECTION 12, A DISTANCE OF 886.24
FEET TO THE POINT OF BEGINNING.
CONTAINING 31756 SQUARE FEET OR
0.73 ACRE.
Anyone who is interested may appear at
said time and place and be heard or may
file written objection with the City Clerk,
City Hall, Waterloo, Iowa, before the date
set for said hearing.
By order of the Council of the City of
Waterloo this 19th day of September,
2016.
Suzy Schares
City ClerkCily Clerk
I do solemnly swear that the annexed copy of legal
City of Waterloo
Public Hearing: Logan Avenue Frontage
Notice was published in the Waterloo -Cedar Falls
Courier, a daily newspaper printed in Waterloo, Black
Hawk County, Iowa, once commencing on the 23rd
day of September, 2016 in the name of said
newspaper, and that the annexed rate of advertised is
the regular legal rate of said newspaper, and that the
following is a correct bill for publishing said notice.
Printer's Bill $31.49
[41,0 kuiLt
Signed
Subscribed and sworn to before me this au,
Day of evcylutex-k.D., 20
_b_
h E lCl(iix --
NotaryPublic
Received of
the sum of
Dollars.
In full for publication of the above notice.
,o"" as. p JOD1 E MCK1NSTRY
COMMISS \I,NOn.74812413
s
.;. e ,
z ,,,, my cop i