HomeMy WebLinkAboutDev Agmt - Noe and Selivy Sibrian (2006 Dubuque Road)-3/6/2017Prepared by: Tim Andera, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703 (319) 291-4366
DEVELOPMENT AGREEMENT
This Agreement is made and entered into this l.� day of -YZ-/j , 2017, by
and between Noe I. Sibrian and Selivy Sibrian, husband and wife, hereafter called "Developer",
and the City of Waterloo, Iowa, hereinafter called "City".
WHEREAS, City considers development within the City a benefit to the community and is
willing for the total good and welfare of the community to sell city -owned property not needed for
current or future public purposes so as to encourage that goal, and
WHEREAS, Developer is willing to purchase vacated City right-of-way in the amount of
$1,000.00, and legally described on attached Exhibit "A", located adjacent to 2006 Dubuque
Road (hereinafter the "Property").
NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS
HEREINAFTER CONTAINED, Developer and City agree as follows:
1. The City agrees to convey the Property to Developer for $1,000.00, plus costs. The
City shall convey the Property to Developer by Quit Claim Deed. The Property has a
full appraised value of $2,500.00, but the City agreed to grant Developer a credit of
$2500.00 against the full appraised value for the Developer's survey costs
($2,800.00), which is permitted by the City of Waterloo Sale of Property Policy, on the
condition that Developer pay the City $1,000.00 to cover the cost of the appraisal.
Developer shall construct storm water improvements and bring vehicular use areas into
compliance with the City of Waterloo Zoning Ordinance,(hereinafter "Improvements"), and take
out necessary permits within twelve months of the date of this agreement. The Improvements
shall be constructed in accordance with all applicable City, State, and Federal building codes
and be in compliance with all applicable city ordinances.
2. NOTICE: All notices, request, and other communication permitted or required herein
shall be in writing and shall be effective when delivered to the addressee in person or
when sent to such address by United States registered or certified mail, return receipt
requited, postage prepaid, or by hand delivery, addressed as follows:
For the City:
Mayor Quentin Hart
City Hall
715 Mulberry Street
Waterloo, Iowa 50703
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By:
By:
With copy to City Planner
For Developer:
Noe I. Sibrian and Selivy Sibrian
425 Independence Avenue
Waterloo, Iowa 50703
3. SUCCESSORS AND ASSIGNS: This Agreement shall be binding upon the
successors and assigns of Developer.
4. IN WITNESS WHEREOF, the parties have executed this Agreement the date and
year written y3bove.
CITY OF WATERLOO, IOWA
By:
Quentin Hart, Mayor
ATTEST:
A 1 Ae
Kelley Felchl
et&LO--
Gi'y Clerk
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A-1-677)
Date
Date
02 /i3/ i7
Date
3h 117 --
Date
Exhibit "A"
Legal Description — Portion of Right-of-Way to be Conveyed
That part of Block Five (5), Cowin's 2nd Addition to Waterloo, Iowa, described as follows:
Commencing at the Southwest corner of aforesaid Block Five (5); thence N88°51'26"E Two
Hundred Fifteen and Fifty-four Hundredths (215.54) feet along the South line of said Block Five
(5) to the Southeast corner of parcel described in Document No. 2016-03074 in the Black Hawk
County Recorder's Office and to the point of beginning; thence continue N88°51'26"E Twenty
and Sixty-five Hundredths (20.65) feet still along said South line; thence Northwesterly Two
Hundred Fifty-nine and Eighty Hundredths (259.80) feet along the arc of a curve concave
Southerly having a radius of Seven Hundred Thirty-nine and Sixty Hundredths (739.60) feet and
a long chord of Two Hundred Fifty-eight and Forty-seven Hundredths (258.47) feet which bears
N61 °33'54"W; thence S26°46'23"W Thirteen and Fourteen Hundredths (13.14) feet to the
Northeasterly line of aforesaid parcel; thence Southeasterly Two Hundred Forty-one and
Twenty-six Hundredths (241.26) feet along said Northeasterly line and along the arc of a curve
concave Southerly having a radius of Seven Hundred Twenty-six and Sixty Hundredths (726.60)
feet and a long chord of Two Hundred Forty and Fifteen Hundredths (240.15) feet which bears
S62°16'04"E to the point of beginning containing 3,257 square feet.
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