HomeMy WebLinkAboutIDOT - Purchase Agmnt Parcel 4S - Jefferson/Franklin-9/26/2016Return to and Prepared by Katie Johnson, Right of Way Office, Iowa Department of Transportation,
800 Lincoln Way, Ames, IA 50010, 515-239-1216
Form 634028 (01-14)
QiiWMDOT
Office of Right of Way
www.iowadot.gov
800 Lincoln Way, Ames, Iowa 50010
Phone: 515-239-1135 FAX: 515-239-1247
PURCHASE AGREEMENT
Parcel Number: 4S County: Black Hawk
Project Number: NHSX-63-6(70)-3H-07 Route Number: US 63
Seller: City of Waterloo
THIS AGREEMENT entered into this 3(5/2 day ofC/Gt J - , o2.0I6
by and between, Seller and the Iowa Department of Transportation, acting for the State of Iowa, Buyer.
1. The Seller agrees to sell and furnish to the Buyer a conveyance document, on form(s) furnished by the
Buyer, and the Buyer agrees to buy the following real estate, hereinafter referred to as the premises, in
parts of the following: part of Parcel "B" of Lot 30 in Auditor's Falls Avenue and Mullan Avenue Plat; and part
of Lot 10 in Block 10 in the Original Plat West side of the Cedar River; and part of Lot 6 in Block 3 of the
Original Plat West side of the Cedar River, all in the City of Waterloo, County of Black Hawk, State of Iowa,
and more particularly described on pages 6 - 12 including the following buildings, improvements and other
property:
All land, trees, shrubs, landscaping and surfacing attached to the premises sought and described herein
2. The Buyer agrees to pay, and the Seller agrees to grant, the right of possession, convey title and surrender
physical possession of the premises as shown on or before the dates listed below:
Payment Amount
Agreed Performance Date of Performance
On conveyance of title
On surrender of possession
Immediate
$0.00 On possession and conveyance
Breakdown
$0.00 Total Lump -Sum Amount
Ac/Sq. Ft.
Land by fee title
Underlying fee title
Permanent easement
44
sq. ft.
Fence
Fence
DISTRIBUTION: TWO COPIES RETURNED TO BUYER (IOWA DOT) ONE COPY RETAINED BY SELLER.
4S, NHSX-63-6(70)-3H-07
rods woven
rods barbed
Page 1 of 5
3. Possession of the premises is the essence of this agreement and the Buyer may enter and assume full use
and enjoyment of the premises per the terms of this agreement. The Seller grants the Buyer the immediate
right to enter the premises for the purpose of gathering survey and soil data. The Seller may surrender
possession of the premises, building, improvement, or any part thereof, prior to the time that he/she has
agreed to do so, and agrees to give the Buyer 10 days notice of the Seller's intention to surrender
possession by calling the Buyer at 1-866-282-5809.
4. The Seller warrants that there are no tenants on the premises holding under lease, except: None.
5. This agreement shall apply to and bind the legal successors in interest of the Seller, and the Seller agrees
to pay all liens and assessments against the premises, including all taxes and special assessments payable
until surrender of possession, as required by the Iowa Code section 427.2 and agrees to warrant good and
sufficient title.
6. The Buyer may include mortgagees, lien holders, encumbrances, and taxing authorities as payees on
warrants issued in payment of this agreement. In addition to the total lump -sum payment amount, the Buyer
agrees to pay $0.00 for the cost of adding title documents required by this transaction to the Seller's
abstract of title. If requested to do so, the Seller will deliver to the Iowa Department of Transportation, Office
of Right of Way, 800 Lincoln Way, Ames, IA 50010, an abstract of title to the premises. The Buyer agrees to
pay the cost of abstract continuation. The Seller agrees to provide the documents as may be required by
Iowa Land Title Standards to convey merchantable title to the Buyer. The Seller also agrees to obtain court
approval of this agreement, if requested by the Buyer, in the event title to the premises becomes an asset of
any estate, trust, conservatorship or guardianship. The Buyer agrees to pay court approval costs and all
other costs necessary to transfer the premises to the Buyer, except attorney fees. Claims for such transfer
costs shall be paid in amounts supported by paid receipts or signed invoices.
7. The Buyer agrees that any agricultural drain tiles that are located within the premises that are damaged or
require relocation by highway construction shall be repaired or relocated at no expense to the Seller. Where
the Buyer specifically agrees to construct and maintain fence, the fence shall be constructed and maintained
for vehicle access control purposes at no expense to the Seller. The Buyer has the right of entry upon the
Seller's remaining property along the right-of-way line, if necessary, for the purpose of connecting the drain
tile, and constructing and maintaining the fence. The Seller may pasture against the fence at his/her own
risk. The Buyer will not be liable for fencing private property or maintaining it to restrain livestock.
8. If the Seller holds title to the premises in joint tenancy with full rights of survivorship and not as tenants in
common at the time of this agreement, the Buyer will pay any remaining proceeds to the survivor of that joint
tenancy, and will accept title solely from that survivor, provided the joint tenancy has not been destroyed by
operation of law or acts of the Seller.
9. These premises are being acquired for public purposes. This transfer is exempt from the requirements for
the filing of a "Declaration of Value" in accordance with Iowa Code section 428A.1.
10. The premises also includes all estates, rights, title, and interests, including all easements, and all advertising
devices and the right to erect such devices as are located thereon. The Seller consents to any change of
grade of the highway and accepts payment under this agreement for any and all damages arising from
those changes. The Seller acknowledges full settlement and payment from the Buyer for all claims per the
terms of this agreement, and discharges the Buyer from liability because of this agreement and the
construction of the public improvement project.
11. The Seller states and warrants that, to the best of the Seller's knowledge, there is no burial site, well, solid
waste disposal site, private sewage disposal systems, hazardous substance or underground storage tank
on the premises, except none.
12. This written agreement constitutes the entire agreement between Buyer and Seller and there is no
agreement to do or not to do any act or deed except as specifically provided for herein.
13. Buyer hereby gives notice of Seller's five-year right to renegotiate construction or maintenance damages not
apparent at the time of the signing of this agreement as required by the Code of Iowa, Section 66.52.
4S, NHSX-63-6(70)-3H-07
Page 2 of 5
Seller's signature and claimant's certification: Upon due approval and execution by the Buyer, the
undersigned sellers/claimants certify the total lump -sum payment amount shown here is just and unpaid.
City of Waterloo
by X L by X
Quentin Hart, Mayor
715 Mulberry St.
Waterloo, IA. 50703
STATE OF IOWA
Suzy Sch4res, City Clerk
This section to be completed by a Notary Public.
COUNTY OF _
ss:
to
On this 2t9 day of -Es' , 2016, before me, the undersigned, a notary public in and for said the State of
Iowa, personally appeared Quentin Hart and Suzy Schares to me personally known, who being by me duly
sworn, did say that they are the mayor and 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 r\e►Ytbr.-S , as contained in-errrarice le Sdw.- W\
number tv3 , passed (the resolution adopted) by the city council under roll call number
0-1 5 `1.4 of the city council on the ?,L' day of ^te 7 �< - , and that 4-.w, 4 tr and
Suz,, Sc -Ka -res 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 executed.
(AFFIX NOTARIAL SEAL BELOW)
<�"'"` •
NANCY HIGBY
,.
COMMISSION NO.788229
ink): X a✓�-- �� / (Date) OCT 31 '16
MY COMMISSION EXPIRES
.or"
2--J-2,,i6
Notary Public in and for thettate of Iowa
(Sign in ink)
(Print/type name)
BUYER'S APPROVAL
Recommended
(Sign in
(Printed Name):
Approved by
(Sign in
(Printed Name):
by
•
ink): X. (Date) /0 -6 _.2,cg;
Project Age
ink): X a✓�-- �� / (Date) OCT 31 '16
Right of ay Direct r
Martin J. Sankey
BUYER'S ACKNOWLEDGEMENT
STATE
COUNTY
On this
personally
Buyer
minutes,
hereon,
(NOTARIAL
OF IOWA }
OF STORY } ss:
3l' day of Qa�,A� 2016 , before me, the undersigned,
appeared ROW Director,
and who did say that the instrument
and said right of way director
to be the voluntary act and deed
Martin J. Sankey known to me to be a Right of Way Director of the
was signed on behalf of the Buyer by its authority duly recorded in its
acknowledged the execution of the instrument, whose signature appears
of the Buyer, and by it voluntarily executed.
&O5'1.eL
a .., r
oe�a '1*
/ow.
VALERIE E. GOETHALS
COMMISSION NO. i 9057
i,$1'COMI'✓!S$!, 2 EXPIRES
JUNE 5,20'13
-
YdZi-7,e0z G"--i-coc-r-.7
SEAL) Notary Public in and for the State of Iowa
4S, NHSX-63-6(70)-3H-07
Page 3 of 5
IOWA DEPARTMENT OF TRANSPORTATION
ACQUISITION PLAT • IOWA DOT
EXHIBIT "A" .PLAT 2 OF 2
COUNTY BLACK HAWK STATE CONTROL NO.
PROJECT NO. NHSX-63-6(70)--3H-07 PARCEL ND. 4S
SECTION 26 TOWNSHIP 89 N .RANGE 13 W
ROW -FEE 35 SQ. FT. •AC EASE AC EXCESS -FEE AC
ACQUIRED FROM C,' y rr7c 147-a1erJoe,
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Inter -Office Breakdown
Project No. NHSX-63-6(70)--3H-07 Parcel No. 4S
The "breakdown" of the attached Agreement is as follows:
1. Land to be acquired by Fee Title:
To the State of Iowa acres $0.00
To the City of acres $0.00
To the County of acres $0.00
2. Land to be acquired by Permanent Easement:
To the State of Iowa 0.07 acres $0.00
To the City of acres $0.00
To the County of acres $0.00
3. Total reduction in value resulting from: temporary
easement for borrow and/or haul road.
acres $0.00
Total
4. reduction in value resulting from a temporary
easement for detour. acres $0.00
5. Building(s) to be acquired:
6. Other improvements to be acquired
including right of way fence:
7. Control of Access
8. Severance damage to remaining : Temporary easements
to construct a shoofly(2) and sidewalk(2)
9. Administrative Damage
10. Tenant Release
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
Total $0.00
IOWA DOT
Prepared by: Laurie Brown, Office of Right of Way, 800 Lincoln Way, Ames, IA 50010, 515-239-1813
Return to: Laurie Brown, Office of Right of Way, 800 Lincoln Way, Ames, IA 50010, 515-239-1813
Address Tax Statements: Tax Exempt -IA Code Sec. 427.1 (Prop Mgmt-ROW Office, IDOT, 800 Lincoln Way, Ames,
IA 50010)
QUITCLAIM DEED
(CORPORATE GRANTOR)
For the consideration of ZERO DOLLARS AND NO/100 ($0.00) DOLLARS and other
valuable consideration in hand paid by Iowa Department of Transportation, the CITY OF
WATERLOO, IOWA, a municipal corporation organized and existing under the laws of the
State of Iowa, does hereby convey to the STATE OF IOWA, all its right, title, estate, claim
and demand in the following described real estate in Black Hawk County, Iowa:
THE RIGHTS, TITLE, CLAIM, INTEREST, IF ANY, GRANTED IS TO LAND
DESCRIBED AS FOLLOWS:
See real estate descriptions and Acquisition Plats attached hereto and by
this reference made a part hereof. (Pages 3-7).
This quitclaim deed, is given in fulfillment of a certain Purchase Agreement executed by the
grantor on Sep.\-tkY se, zk , 201 An, and signed by the grantee on
20 , on file in the Office of Right of Way, Iowa Department of Transportation, 800
Lincoln Way, Ames, Iowa 50010, except for those terms that survive the execution of this
document.
This land is being acquired for public purposes and a Declaration of Value is not required.
Iowa Code Sec. 428A.1.
This deed and transfer is exempt from transfer tax as the grantor is a political subdivision
of the State of Iowa. Iowa Code Sec. 428A.2(6).
Words and phrases herein, including acknowledgment hereof, shall be construed as in the
singular or plural number, according to the context.
Dated yCy � r z.L 201 to .
Black Hawk County Project No. NHSX-63-6(70)--3H-07
City of Waterloo, Iowa (Parcel No. 4S)
Page 1 of 7
CITY OF WATERLOO, IOWA
By:
By:
(AFFIX CORPORATE SEAL ABOVE)
Quentin Hart, Mayor
(Sign in Ink)
(Sign in Ink)
Suzy Sthares, City Clerk
STATE OF IOWA, COUNTY OF BLACK HAWK, ss:
Nth,
On this ' c-� day of %-even- e -- , 201 to , before me, the undersigned, a
Notary Public in and for said State, personally appeared Quentin Hart and Suzy Schares,
to me personally known, and, who, being by me duly sworn, did say that they are the
Mayor and 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 Roll CaII No.
of the City Council on the 2-10\ -1/' day of CS , 201 to, and that
Quentin Hart and Suzy Schares 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
executed.
NANCY HIGBY
COMMISSION N0288229
MY CQMMISSLON EXPIRES
(AFFIX NOTARIAL SEAL ABOVE ♦ )
(Sign in Ink)
Notary Public
Black Hawk County Project No. NHSX-63-6(70)--3H-07
City of Waterloo, Iowa (Parcel No. 4S)
Page 2of7
NIISX-63-6(70)--311-07 BLACK HAWK COUNTY, IOWA PARCEL 4S
CITY OF WATERLOO
FEE ACQUISITION
A parcel of land located in part of Parcel "B" in part of Lot 30 in Auditor's Falls Avenue
and Mullan Avenue Plat in the City of Waterloo, Black Hawk County, Iowa as shown on
acquisition plat, Exhibit "A" Plat 1 of 2, attached hereto and by reference made a part
hereof.
THF, FEE SIMPLE TITLE GRANTED IS TO LAND DESCRIBED AS
FOLLOWS:
Commencing at the Southerly Most Comer of Lot 29, Auditor's Falls Avenue and Mullan
Avenue Plat; thence S 41°09'18"W 60.00 feet along the Northwesterly right of way line
of Primary Road No US 63 Southbound to the Easterly Most Comer of said Lot 30, the
Point of Beginning; Thence N 49°01.' 19"W 3.01 feet along the Northeasterly line of
said Lot 30 and Southwesterly right of way line of West Jefferson Street; thence
S 41°08' 14"W 3.06 feet; thence S 48°51'46"E 3.01 feet to said Northwesterly right of
way line of Priinary Road No US 63 Southbound; thence N 41°09'18"E 3.07 feet along
said Northwesterly right of way line to the Point of Beginning. Said parcel contains
9 Square Feet.
/99,e 3 o{7
COUNTY
IOWA DEPARTMENT OF TRANSPORTATION
ACQUISITIOV PLAT `, IOWA DOT
EXHIBIT "A" PLAT 1 OF 2
BLACK HAWK STATE CONTROL NO.
PROJECT NO. NHSX-63-6(74)--3H-07
SECTION '26 TOWNSHIP
ROW -FEE 9 SQ. FT. AC EASE
89 N
PARCEL NO. 4S
RANGE 13 W
AC EXCESS -FEE AC
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NHSX-63-6(70)--3H-07 BLACK"HAWK COUNTY, IOWA PARCEL 4S
CITY OF WATERLOO
FEE ACQUISITION
A parcel of land located in part of Lot 10 in Block 10 of the Original Plat West Side of
the Cedar River in the City of Waterloo, Black Hawk County, Iowa as shown in Detail
"A" on acquisition plat, Exhibit "A" Plat 2 of 2, attached hereto and by reference made a
part hereof'.
Il'HE FEE SIMPLE TITLE GRANTED IS TO LAND DESCRIBED AS
FOLLOWS:
Commencing at the Westerly Most Corner of Lot 6 in Block 3 of the Original Plat West
Side of the Cedar River; thence N 49°01'49'W 80.00 feet to the Southerly Most Corner
of Lot 10 of Block 10 in the Original Plat West Side of the Cedar River, the Point of
Beginning; thence N 49°01'49"W 4.64 feet along the Southwesterly line of said Lot 10
and Northeasterly right of way line of Commercial Street; thence N 41°21'10"E 5.49
feet; thence S 48°38'50"E 4.65 feet to the Southeasterly line of said Lot 10 and
Northwesterly right of way line of Primary Road.No. US 63 Northbound; thence
S 41°22'06"W 5.46 feet along said Southeasterly Lot line and Northwesterly right of
way line to the Point of Beginning. Said parcel contains 25 Square Feet.
NEISX-63-6(70)--311-07 BLACK HAWK COUNTY, IOWA PARCEL 4S
CITY OF WATERLOO
FEE ACQUISITION
A parcel of land located in part of Lot 6 in Block 3 of the Original Plat West Side of the
Cedar River in the City of Waterloo, Black Hawk County, Iowa as shown in Detail "B"
on acquisition plat, Exhibit "A" Plat 2 of 2, attached hereto and by reference made a part
hereof.
TEE FEE SIMPLE TITLE GRANTED IS TO LAND DESCRIBED AS
FOLLOWS:
Beginning at the Westerly Most Comer of said Lot 6; thence N 41°22'06"E 2.93 feet
along the Northwesterly line of said Lot 6 and Southeasterly right of way line of Primary
Road U.S 63 Northbound; thence S 48°38'50"E 3.36 feet; thence S 41°21'10"W 2.90
feet to the Southwesterly line of said Lot 6 and Northeasterly right of way line of
Commercial Street; thence N 49°01'49"W 3.36 feet along said'Southwesterly Lot line
and Northeasterly right of way line to the Point of Beginning. Said parcel contains 10
Square Feet.
Pr 6 ®r. >
COUNTY
IOWA DEPARTMENT OF TRANSPORTATION
ACQUISITION PLAT
EXHIBIT "A" PLAT 2 OF 2
BLACK HAWK
L, IOWADOT
STATE CONTROL NO
PROJECT ND. NHSX-63-6(70)--3H-07 PARCEL NO. 4S
TOWNSHIP 89 N RANGE 13 W
ROW—FEE 35 5Q. FT. AC EASE AC EXCESS—FEE AC
ACQUIRED FROM
SECTION 26
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I hereby certify that this load surveying document was prepared
end the related survey work was perfawed by rte cr under my direct
personal supervision and that I are a duly licensed Professional
®Land Surveyor under the laws of the State of Iowa.
iqg acCd—pr 3/ 49/
EP Robert D. Xatman License No. 12420 Oate r
My license renewal date is December 31. 2017.
This sheet only
Pages or sheets covered by this seal:
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Resolution No. f2-0,-)
CITIES AND TOWNS
CERTIFICATION OF MUNICIPAL CORPORATE RESOLUTIONS
SALE OF REAL PROPERTY AND DELIVERY OF CONVEYANCE
Parcel No. 4S Black Hawk County
Project No. NHSX-63-6(70)--3H-07 Primary Road No. US 63
I, the undersigned, Suzy Schares, City Clerk of the City of Waterloo, Iowa, a municipal corporation duly organized and
existing under the laws of the State of Iowa, DO HEREBY CERTIFY that notice of a pending sale of real estate has
been published at least once, not less than four or more than twenty days before the date of the hearing in a
newspaper published at least once weekly and having general circulation in the City of Waterloo, Black Hawk County,
Iowa, in accordance with the Code of Iowa, that a public hearing has been held and the following is a true and exact
transcript of certain resolutions duly adopted by the members of the City Council on the R"'i'' day of
C„c JJ f VU'%Y 201 Lr, by the call of yeas and nays recorded below and these resolutions are now in full
fiorce and effect:
RESOLVED, that this municipal corporation proposes to sell, grant and convey certain City property to the State of
Iowa forMUTUALBENEFIT and other certain benefits, terms and conditions as set forth in a Purchase Agreement to
be signed by Quentin Hart, Mayor, and Suzy Schares, City Clerk, relating to Black Hawk County Project No. NHSX-63-
6(70)--3H-07, Parcel No. 4S, regarding certain real estate in Section 26, Township 89 North, Range 13 West, as
shown on Acquisition Plats attached to said Purchase Agreement.
RESOLVED FURTHER, that the proposed Purchase Agreement and Quitclaim Deed are hereby approved; that
Quentin Hart, Mayor, and Suzy Schares, City Clerk, are hereby empowered and directed to execute, acknowledge, and
deliver in the name of this Municipal Corporation, the Purchase Agreement, the Quitclaim Deed and any other
instruments of title required by law or which may, in the judgment of such officers, be necessary or desirable to
effectuate the sale, grant and conveyance of the property to the State of Iowa.
RESOLVED FURTHER, that the executed Purchase Agreement and Quitclaim Deed are hereby accepted and
approved by this municipal corporation, and Suzy Schares, City Clerk, is hereby directed to deliver the executed
Purchase Agreement and Quitclaim Deed to the Iowa Department of Transportation Right of Way Agent, or their duly
authorized representative, in exchange for the consideration of MUTUAL BENEFIT and other valuable considerations,
all as authorized in accordance with the Code of Iowa.
Members of the City Council
Yeas Nays Absent or Not Voting
rt?:-=. �C'yi�ti11�
Ono\
IN WITNESS WHEREOF, I have hereunto subscribed my name at It'Tr''?il✓
:2.-01\ day of -Si, r1C 11'Li` 201 \J .
o
0w♦
NANCY HIGBY
COMMISSION NO.788229
MY COMMISSION (TIRES
(AFFIX CORPORATE SEAL ABOVE A)
Iowa, this
(Sign in Ink)
Suzy Scares, City Clerk
STATE OF IOWA, COUNTY OF BLACK HAWK, ss:
4'h,
Subscribed and sworn to before me this Z' day of
201 b.
(Sign in Ink)
Notary'Phiblic. UI (31
(AFFIX NOTARIAL SEAL ABOVE A)
Black Hawk County Project No. NHSX-63-6(70)--3H-07
City of Waterloo, Iowa (Parcel No. 4S)
Form 634059wd (5-11)
�IOWADOT
Office of Right of Way, 800 Lincoln Way, Ames, Iowa 50010
Ph.: 515-239-1135
FAX: 515-239-1247
E-mail: @dot.iowa.gov
www.iowadot.gov
DATE 6-q-(6, COUNTY Black Hawk
PROJECT NHSX-63-6(70)-3H-07
PARCEL 4S
OFFER TO PURCHASE — COMPENSATION ESTIMATE
Owner City of Waterloo
Address 715 Mulberry St., Waterloo, IA 50703
Pursuant to federal and state regulations, the Iowa Department of Transportation presents to you the
pamphlet Highways and Your Land and submits an offer of $Mutual benefit, which represents just
compensation of the right of way needed from your property.
You will not be required to move from your dwelling or to move your business, farm, non-profit
organization to personal property any sooner than uIA- , which is at least 90 days
from the date of this notice.
By
Edward R Greenman, Acquisition Agent
Form 633402wd (5-11)
&IOWADOT
Office of Right of Way, 800 Lincoln Way, Ames, IA 50010
Ph.: 515-239-1135
Toll -Free Phone: 866-282-5809
FAX: 515-239-1247
Web E-mail: donald.denner@dot.iowa.gov
www.iowadot.gov
COMPENSATION ESTIMATE
Parcel Number: 4S
County: Black Hawk
Project Number: NHSX-063-6(70)-3H-07 Route Number: Hwy 63
Recorded Owner(s) City of Waterloo
Owner's(s) Mailing Address 715 Mulberry St., Waterloo, IA. 50703
Tenant(s)
Tenant (s) Mailing Address
Subject Property Address
This property is described as
None
Part of Parcel "B" in part of Lot 30 in Auditor's Falls Avenue and MuIlan Avenue
Plat; and part of Lot 10 in Block 10 in the Original Plat West Side of the Cedar
River; and part of Lot 6 in Block 3 Of thr Original Plat West Side of the Cedar
River, all in the City of Waterloo, County of Black Hawk, State of Iowa
Basis for land compensation Project approved data for Mutual Benefit
Land to be acquired by fee title
44
sq.ft.
@
$0.00
=
$0.00
Permanent easement
0
acre
@
$0.00
=
Other considerations:
Total compensation
$0.00
Compensation for right of way fence is to be determined by a fixed schedule or in accordance with Iowa Code
section 66.44.
Certification
certify that I am familiar with the property that is the subject of this compensation estimate, that the valuation is
based upon data contained in the files of the Iowa Department of Transportation, and that I have no direct or
indirect present or contemplated future personal interest in this property or in any benefit from the acquisition of
this property.
Agent's Signature
C �
Edward R Greenman
Approved by
Date tr. Sc g#t Henning / Date
County BLACKHAWK
Owner of Recbrd CITY OF WATERLOO
RIGHT OF WAY OFFICE
SUMMARY OF PROPOSED ACQUISITION
DESIGN SECTION
Project No. NHSX-63-6(70)- -3H-07
Parcel No 4S
Contract Purchaser
Leasehold
Mineral Rights/Mineral Leases
1. PERMANENT ACQUISITION AND PROPERTY AREAS:
ROW in Name of State
Excess Land Area
Mitigation Area
* Fee Title ROW in Name of City
ROW in Name of County
* Easement for
* Easement in Name of County for
* Easement in Name of City for
Area of remaining property
Left of ROW
Right of ROW
Total area of property before acquisition (sum of above)
* Quit Claim Deed
* Refer to plat for takings from more than one tract
44
acres /SF
acres/SF
acres/SF
acres /SF
acres /SF
acres/SF
acres /SF lll}
acres /SF
acres/SF
acres /SF
N/A tax acres/SF 213,430 acres
/SF
tax acres/SF
* 213,474 /SF
acres
acres /SF
2. FLOWAGE EASEMENT TO ELEV. acres
3. RIGHT TO POND WATER TO ELEV. acres
4. ACQUIRE UNDERLYING TITLE TO EXISTING ROW (CURRENTLY HELD BY EASEMENT)
State acres
5. TEMPORARY ACQUISITION:
Borrow by Easement acres
Haul Road by Easement acres
Detour by Easement acres
Temporary Easement to
6. ACCESS CONTROL:
Access rights to be acquired between Stations
& Sta
& Sta
& Ste
& Sta
Access location points at stations
Entrances will be constructed at Stations
Additional Length of Drive
7. ROW FENCING:
The State will construct access control fencing through the Priority I access control limits; sta. to
sta. to stato sta. to
including side road access control limits; sta. to sta. to
sta. to stato sta. to
The Acqusition Agent is responsible for determining the amount of fence, if any, is to be replaced in all other locations.
COMMENTS: *CADD MEASURED
ALL OTHER ENTRANCES WITHIN THE CONSTRUCTION LIMITS OF THIS PROJECT AND NOT LISTED
ON THIS DOCUMENT, W ILL BE CLOSED.
CORRECTED TO MATCH SURVEYORS PLAT. 06-06-16
REV. 5/17/2016
COR. 6/06/2016
Prepared by: GROAT/LARSON
Date: 4/29/2016
OWNER
IOWA DEPARTMENT OF TRANSPORTATION South Secetlan.wdefferson to FraNUln\d7069070.4$
PROJECT DEVELOPMENT
PLOT PLAN
Plat I of 2
PARCEL NO.: 4S
CITY OF WATERLOO
SECT ION• 26 89 N -R 13 W.
SCALE•I"100'
=
Auditor's Falls Avenue & Mullen Avenue Plat
City of Waterloo
W.D. OR EASEMENT LINE:
ACCESS LOCATION POINT:
PROPERTY LINE;
LEGEND
N
Approx. SectiongLine
Parcel B
,y
COUNTY• BLACKHAWK PROJECT NO• NHSX-63-6(70)- -3H-07
OWNER°
IOWA DEPARTMENT OF TRANSPORTATION
PROJECT DEVELOPMENT
PLOT PLAN
PLAT 2 OF 2
CITY OF WATERLOO
070630South S ctIon.Jefferson to Frorklin\07069070.4S
PARCEL NO.: 4S
SECT ION• 26 T 89 N -R 13 W.
SCALE°I"= 100'
CITY OF WATERLOO
ORIGINAL PLAT WEST SIDE OF THE CEDAR RIVER--BLOCK4,10,AND I1
W.D. OR EASEMENT LINE:
ACCESS LOCATION POINT:
PROPERTY LINE:
LEGEND
siti-
Dk
REV. 05/17/2016
COUNTY: BLACKHAWK
PROJECT NO• NHSX-63-6(70)- -3H-07
ithAtIADOT
SMARTER 1 SIMPLER 1 CUSTOMER DRIVEN wvvWIOWeCIOt.gOV
Office of Right of Way
800 Lincoln Way Ames, IA 50010
Phone: 515-239-1813 Fax: 515-239-1247
Email: laura.brown@dot.iowa.gov
C9'Z- ,2016
When corresponding, refer to:
Black Hawk County
Project No. NHSX-63-6(70)--3H-07
Parcel No. 4S
Suzy Schares
City Clerk
Waterloo, IA 50703
Dear Ms. Schares:
Attached is an Instructional Memorandum for your use in publishing notice of the public hearing that must
be held prior to the signing of the attached Purchase Agreement, Resolution, and conveyance
documents.
The State will pay the publication costs directly to the newspaper upon receipt of an original bill, or we
will reimburse you with the submittal of a paid receipt. We also require two original Proofs of
Publication from the newspaper --one for Accounting and one for recording with the conveyance
documents and Resolution.
After the public hearing has been held, please complete the Resolution, sign it before a Notary Public,
and affix the City seal. Also, both you and the Mayor should sign the Purchase Agreement and
Quitclaim Deed before a Notary Public, then affix the City seal to each document. Please return the
Purchase Agreement, Resolution, Quitclaim Deed, two Proofs of Publication, and the bill for publishing
costs in the attached envelopes.
If you have any questions, please contact me. Your assistance in this matter is greatly appreciated.
Sincerely,
Laurie Brown, Agent
Title and Closing Unit
Office of Right of Way
Ib
Attach.
INSTRUCTIONAL MEMORANDUM
NOTICE OF PUBLICATION
SALE OF REAL PROPERTY AND
CONVEYANCE OF REAL ESTATE INTEREST
CITIES
Parcel No. Parcel 4S Black Hawk County
Project No. NHSX-63-6(70)--3H-07 Primary Road No. US 63
CLERK PLEASE NOTE: Sections 362.3 and 364.7 of the Code of Iowa require cities to publish notice to
hold a public hearing before they dispose of the title or interest in real estate. Said published notice shall
set forth the date, time and place of the public hearing and must be published at least once, not less than
four nor more than twenty days before the date of the public hearing. After the public hearing, the
Council may make final determination of the proposal by resolution.
CLERK SHOULD DETERMINE place, date and time of REQUIRED PUBLIC HEARING; complete lower
portion of form and submit it to a newspaper as defined in Sections 618.3 and 618.14 for REQUIRED
PUBLICATION.
CLERK SHOULD SECURE two Proofs of Publication sworn to by the publisher or employee of the
newspapers, signed and acknowledged to enable recording in the public records with the conveyance
document and resolution in accord with Title Standard 2.1 of the Iowa Land Title Examination Standards,
adopted by the Iowa State Bar Association. The actual cost of this publication will be reimbursed by the
Highway Division of the Iowa Department of Transportation with submittal of bill and Proof of Publication.
Instructional Memorandum for City Above
Notice Information For Newspaper Below
TO WHOM IT MAY CONCERN:
NOTICE is hereby given that there is now on file in the office of the Clerk of the City of Waterloo, Iowa,
Sale of Real Property and Delivery of Conveyance Resolution No. 7 ',1 Ip , (=`c< , under and by
virtue of which it is proposed to sell and convey the following described real estate:
A parcel of land located in part of Parcel "B" in part of Lot 30 in Auditor's Falls Avenue and Mullan
Avenue Plat in the City of Waterloo, Black Hawk County, Iowa as shown on acquisition plat, Exhibit
"A" Plat 1 of 2, and by reference made a part hereof.
THE FEE SIMPLE TITLE GRANTED IS TO LAND DESCRIBED AS FOLLOWS:
Commencing at the Southerly Most Corner of Lot 29, Auditor's Falls Avenue and Mullan Avenue Plat;
thence S41°09'18"W 60.00 feet along the Northwesterly right of way line of Primary Road No US 63
Southbound to the Easterly Most Corner of said Lot 30, the Point of Beginning; Thence N49°01'19"W
3.01 feet along the Northeasterly line of said Lot 30 and Southwesterly right of way line of West Jefferson
Street; thence S41 °08' 14"W 3.06 feet; thence S48°51'46"E 3.01 feet to said Northwesterly right of way
line of Primary Road No US 63 Southbound; thence N41°09'18"E 3.07 feet along said Northwesterly
right of way line to the Point of Beginning. Said parcel contains 9 Square Feet, AND
A parcel of land located in part of Lot 10 in Block 10 of the Original Plat West Side of the Cedar River
in the City of Waterloo, Black Hawk County, Iowa as shown in Detail "A" on acquisition plat, Exhibit
"A" Plat 2 of 2, and by reference made a part hereof.
THE FEE SIMPLE TITLE GRANTED IS TO LAND DESCRIBED AS FOLLOWS:
Commencing at the Westerly Most Corner of Lot 6 in Block 3 of the Original Plat West Side of the Cedar
River; thence N49°01'49"W 80.00 feet to the Southerly Most Corner of Lot 10 of Block 10 in the Original
Plat West Side of the Cedar River, the Point of Beginning; thence N49°01'49"W 4.64 feet along the
Southwesterly line of said Lot 10 and Northeasterly right of way line of Commercial Street; thence
N41 °21'10"E 5.49 feet; thence S 48°38'50"E 4.65 feet to the Southeasterly line of said Lot 10 and
Northwesterly right of way line of Primary Road No. US 63 Northbound; thence S41 °22'06"W 5.46 feet
along said Southeasterly Lot line and Northwesterly right of way line to the Point of Beginning. Said
parcel contains 25 Square Feet, AND
A parcel of land located in part of Lot 6 in Block 3 of the Original Plat West Side of the Cedar River in
the City of Waterloo, Black Hawk County, Iowa as shown in Detail "B" on acquisition plat, Exhibit "A"
Plat 2 of 2, and by reference made a part hereof.
THE FEE SIMPLE TITLE GRANTED IS TO LAND DESCRIBED AS FOLLOWS:
Beginning at the Westerly Most Corner of said Lot 6; thence N41 °22'06"E 2.93 feet along the
Northwesterly line of said Lot 6 and Southeasterly right of way line of Primary Road U.S 63
Northbound; thence S48°38'50"E 3.36 feet; thence S41 °21' 10"W 2.90 feet to the Southwesterly line
of said Lot 6 and Northeasterly right of way line of Commercial Street; thence N49°01'49"W 3.36 feet
along said Southwesterly Lot line and Northeasterly right of way line to the Point of Beginning. Said
parcel contains 10 Square Feet,
to the STATE OF IOWA for MUTUAL BENEFIT and Other Valuable Considerations in connection with its
improvement of Primary Road No. U.S. Highway 63.
Said Resolution and proposal to sell and convey said real estate will come up for public hearing before
the Council of the City of Waterloo, Iowa, at o'clock l` .M., on the 2l day of
3 -e -p , 201 , and said Resolution, and proposed Purchase Agreement and Quitclaim
Deed are now on file in the office of the Clerk of the City of Waterloo, Iowa.
For further particulars, see said Resolution, and proposed Purchase Agreement and Quitclaim Deed now
on file.
CITY OF WATERLOO, IOWA
By:
Suzy Schares, City Clerk