HomeMy WebLinkAbout2016-901-11/14/2016Prepared by LeAnn M. Even, Deputy City Clerk, City of Waterloo, 715 Mulberry Street,
Waterloo, IA 50703, (319) 291-4323.
RESOLUTION NO. 2016-901
RESOLUTION ACCEPTING AN EASEMENT FOR A PUBLIC
HIGHWAY FROM B&R OIL CORPORATION AND GARY C.
RITTER AND HOLLEY RITTER, LOCATED AT THE
SOUTHEAST CORNER OF WEST MULLAN AVENUE AND
COMMERCIAL STREET, OTHERWISE KNOWN AS 100
COMMERCIAL STREET.
WHEREAS, The Iowa Department of Transportation (IDOT) has been actively obtaining
right-of-way and easements related to the reconstruction of Highway 63 from Newell Street,
southward to Highway 218, and
WHEREAS, the City of Waterloo and IDOT have been working together to reconstruct
Highway 63 from Donald Street, southward to Highway 218, and
WHEREAS, the IDOT entered into a purchase agreement with B&R Oil Corporation and
Gary C. Ritter and Holley Ritter to obtain an easement for highway purposes, located at 100
Commercial Street, said property is shown on record as being in both B&R Oil Corporation and
Gary C. and Holley Ritter, and legally described as in Exhibit A, and
WHEREAS, the IDOT obtained easement agreements from both the B&R Corporation
and Gary C. Ritter and Holley Ritter, and
WHEREAS, it is written into the easement agreement, as an underlying fee title, that a
"Permanent easement to the City of Waterloo to construct & maintain a 74 sq. ft. retaining
wall/fence", is granted, and
WHEREAS, it is the opinion of this Council that in conjunction with the reconstruction
of Highway 63, from Newell Street, southward to Highway 218, and the easements obtained by
the IDOT, the easement from B&R Corporation and Gary C. Ritter and Holley Ritter, should be
accepted, for the City of Waterloo, as proposed.
NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE COUNCIL OF THE CITY
OF WATERLOO, IOWA, that the Resolution accepting an easement for a public highway from
B&R Oil Corporation and Gary C. Ritter and Holley Ritter, located at the southeast corner of
West Mullan Avenue and Commercial Street, otherwise known as 100 Commercial Street, be
and the same hereby approved and the Mayor is authorized and directed to execute the same on
behalf of the City of Waterloo, Iowa.
PASSED AND ADOPTED this 14th day of November, 2016.
ATTEST:
//
Kelley Felc
Deputy City
erk
Quentin Hart, Mayor
Number: 201700007063
Recorded: 10/13/2016 at 8:21:13.233 AM
Fee Amount: $22.00
Revenue Tax:
Sandie L. Smith, RECORDER
Black Hawk County, Iowa
C 1 OWA DOT
Prepared by: Michael J. Schneider, Office of Right of Way, 800 Lincoln Way, Ames, IA 50010, 515-239-1029
Return to: Michael J. Schneider, Office of Right of Way, 800 Lincoln Way, Ames, IA 50010, 515-239-1029
Address Tax Statements: Tax Exempt -IA Code Sec. 427.2 (Waterloo City Clerk's Office, 715 Mulberry Street Waterloo, IA)
EASEMENT FOR PUBLIC HIGHWAY
(CORPORATE GRANTOR)
For the consideration of FIVE HUNDRED SEVENTEEN AND NO/100 ($517.50)
DOLLARS and other valuable consideration in hand paid by Iowa Department of
Transportation, B&R OIL CORPORATION, a corporation organized and existing under the
laws of the State of Iowa, does hereby grant to the CITY OF WATERLOO, IOWA, a
permanent easement for road purposes and for use as a Public Highway in, to, on, over
and across the following described real estate in Black Hawk County, Iowa:
THE EASEMENT GRANTED FOR HIGHWAY PURPOSES IS TO LAND
DESCRIBED AS FOLLOWS:
A parcel of land located in part of Lot 5 in Block 11 of the Original Plat of
Waterloo West in the City of Waterloo, Black Hawk County, Iowa as shown
on acquisition plat, Exhibit "A", attached hereto and by reference made a part
hereof.
Beginning at the Northerly Most Corner of said Lot 5; thence S49°01'49"E,
24.17 feet along the Northeasterly line of said Lot 5; thence S40°55'08"W,
3.07 feet; thence N49°04'52"W, 24.18 feet to the Northwesterly line of said
Lot 5; thence N41 °07'39"E, 3.09 feet along said Northwesterly line to the
point of beginning. Said parcel contains 74 Square Feet.
This easement is given in fulfillment of a certain Purchase Agreement dated August 8,
2016 and recorded in the Black Hawk County Recorder's Office on August 15, 2016, as
Number: 201700003067, except for those terms that survive the execution of this
document.
This easement and transfer is exempt from transfer tax. Iowa Code Sec. 428A.2(17).
This easement is being acquired for public purposes through eminent domain and a
Declaration of Value is not required. Iowa Code Sec. 428A.1.
The corporation hereby covenants with grantees, and successors in interest, that it holds
the real estate by title in fee simple; that it has good and lawful authority to sell and convey
the real estate; that the real estate is free and clear of all liens and encumbrances, except
as may be above stated; and it covenants to warrant and defend the real estate against the
lawful claims of all persons except as may be above stated.
Black Hawk County Project No. NHSX-063-6(70)--3H-07
B&R Oil Corporation (Parcel No. 51) Page 1 of 3
Words and phrases herein, including acknowledgment hereof, shall be construed as in the
singular or plural number, according to the context.
Dated 9--/ . , 2016.
B&R OIL CORPORATION
By:
G Ritter, Vecretary
(AFFIX CORPORATE SEAL ABOVE)
STATE OF IOWA, COUNTY OF / /a-.. 14 , ss:
(Sign in Ink)
This instrument was acknowledged before me on to t Jr [5, 2016, by Gary
C. Ritter as Secretary, respectively, of B&R Oil Corporation.
KIMBERLY A LANE
COMMISSION NO 761342
MY COMMISSION
.Inca 2019x�s
(AFFIX NOTARIAL SEAL ABOVE A )
otary?ublic.
l.� L (Sign in Ink)
Black Hawk County Project No. NHSX-063-6(70)--3H-07
B&R Oil Corporation (Parcel No. 51) Page 2 of 3
FORM 634-077
6-75
COUNTY
IOWA DEPARTMENT OF TRANSPORTATION
ACQUISITION PLAT
EXHIBIT "A"
BLACK HAWK STATE CONTROL NO.
NHSX-63-6(701--3H-07 PARCEL NO
PROJECT NO.
SECTION TOWNSHIP 89 N
RANGE 13 W
ROW - FEE AC, EASE 74 SO. FT. AC. EXCESS - FEE AC
ACQUIRED ACCESS RIGHTS FROM STA. MAIN LINE SIDE
ACQUIRED ACCESS RIGHTS FROM STA SIDE ROAD SIDE
ACQUIRED FROM
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MULLEN AVE PLAT
Number: 201700007064
Recorded: 10/13/2016 at 8:21:15.647 AM
Fee Amount: $22.00
Revenue Tax:
Sandie L. Smith, RECORDER
Black Hawk County, Iowa
C�IOWADOT
Prepared by: Michael J. Schneider, Office of Right of Way, 800 Lincoln Way, Ames, IA 50010, 515-239-1029
Return to: Michael J. Schneider, Office of Right of Way, 800 Lincoln Way, Ames, IA 50010, 515-239-1029
Address Tax Statements: Tax Exempt -IA Code Sec. 427.2 (Waterloo City Clerk's Office, 715 Mulberry Street Waterloo, IA)
EASEMENT FOR PUBLIC HIGHWAY
For the consideration of FIVE HUNDRED SEVENTEEN AND NO/I00 ($517.50)
DOLLARS and other valuable consideration in hand paid by Iowa Department of
Transportation, GARY C. RITTER and HOLLY RITTER, his wife, do hereby grant to the CITY
OF WATERLOO, IOWA, a permanent easement for road purposes and for use as a Public
Highway in, to, on, over and across the following described real estate in Black Hawk County,
Iowa:
THE EASEMENT GRANTED FOR HIGHWAY PURPOSES IS TO LAND
DESCRIBED AS FOLLOWS:
A parcel of land located in part of Lot 5 in Block 11 of the Original Plat of
Waterloo West in the City of Waterloo, Black Hawk County, Iowa as shown on
acquisition plat, Exhibit "A", attached hereto and by reference made a part
hereof.
Beginning at the Northerly Most Corner of said Lot 5; thence S49°01'49"E,
24.17 feet along the Northeasterly line of said Lot 5; thence S40°55'08"W, 3.07
feet; thence N49°04'52"W, 24.18 feet to the Northwesterly line of said Lot 5;
thence N41 °07'39"E, 3.09 feet along said Northwesterly line to the point of
beginning. Said parcel contains 74 Square Feet.
This easement is given in fulfillment of a certain Purchase Agreement dated August 8, 2016
and recorded in the Black Hawk County Recorder's Office on August 15, 2016, as Number:
201700003067, except for those terms that survive the execution of this document.
The additional amount of $1,965.00, as agreed to by the aforesaid Purchase Agreement, is
paid as severance damages to the remaining property.
This easement and transfer is exempt from transfer tax. Iowa Code Sec. 428A.2(17).
This easement is being acquired for public purposes through eminent domain and a
Declaration of Value is not required. Iowa Code Sec. 428A.1.
Grantors do hereby covenant with grantees, and successors in interest, that grantors hold the
real estate by title in fee simple; that they have good and lawful authority to sell and convey
the real estate; that the real estate is free and clear of all liens and encumbrances except as
may be above stated; and grantors covenant to warrant and defend the real estate against
the lawful claims of all persons except as may be above stated. Each of the undersigned
hereby relinquishes all rights of dower, homestead and distributive share in and to the
easement.
Black Hawk County Project No. NHSX-063-6(70)--3H-07
Gary C. Ritter and Hollie Ritter (Parcel No. 51) Page 1 of 3
Words and phrases herein, including acknowledgment hereof, shall be construed as in the
singular or plural number, and as masculine or feminine gender, according to the context.
Dated — —i , 2016.
ah-zz,
foie Ritter
STATE OF IOWA, COUNTY OF I, , ss:
ej,g ) c , 2016, by
This instrument was acknowledged before me on
Gary C. Ritter and Hollie Ritter.
KIMBERLY A LANE
COMMISSION NO.761342
MY COMMISSION MIRES
JANUARY 8, 2019
(AFFIX NOTARIAL SEAL ABOVE A )
Notary Public. C�
(Sign in Ink)
(Sign in Ink)
aL_Le_. (Sign in Ink)
Black Hawk County Project No. NHSX-063-6(70)--3H-07
Gary C. Ritter and Hollie Ritter (Parcel No. 51) Page 2 of 3
FORM 634-077
6-75
COUNTY
IOWA DEPARTMENT OF TRANSPORTATION
ACQUISITION PLAT
EXHIBIT
BLACK HAWK
,A,
PROJECT NO.
SECTION 26 TOWNSHIP 89 N RANGE 13 W
ROW - FEE AC, EASE 74 SQ. FT. AC. EXCESS - FEE AC
ACQUIRED ACCESS RIGHTS FROM STA. TO STA MAIN LINE SIDE
ACQUIRED ACCESS RIGHTS FROM STA. TO STA. CIDE ROAD SIDE
ACQUIRED FROM
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