Item Coversheet

Council Communication

Department: Legal
Case/Project No.:
Submitted by: Graham Jura 
Resolution 20-82
ITEM 4.B.
Council Action: 3/23/2020
Description

Resolution authorizing execution of a quit claim deed to city-owned property generally described as a parcel of land located in the SW ¼ SW ¼ of Section 17, Township 74 North, Range 43 West of the 5th P.M.
Background/Discussion

The City has received a request from CBEC Railway, Inc. for a quit claim deed transferring city owned property (Parcel A) to CBEC.  The City parcel is former CBEC railroad right-of-way that was vacated and transferred to the city as part of an IDOT project involving Interstate-29.  The transfer would allow CBEC to have access to the parcel it currently owns (Parcel B), subject to a blanket easement that would be written into the quit claim deed (see attached easement restrictions).  CBEC has agreed to grant an easement across its currently owned parcel in order to grant access to Black Hills (Parcel C) and the BAS Farm (Parcel D) as part of this transfer.  By granting this property transfer, the City is alleviating itself of owning a piece of ground, as well as promoting access through this parcel instead of along the levee. This protects the levee system, as it is not meant to be used as a road, and allows access to parcels that are otherwise essentially landlocked.  
Recommendation

The City Legal Department recommends disposing of the property generally described as a parcel of land located in the SW ¼ SW ¼ of Section 17, Township 74 North, Range 43 West of the 5th P.M. Pottawattamie County, Iowa, under the terms described herein.

ATTACHMENTS:
DescriptionTypeUpload Date
Exhibit A-Legal description attachmentOther3/13/2020
Easement Restrictions attachmentOther3/13/2020
Quitclaim map attachmentOther3/13/2020
Resolution 20-82Resolution3/18/2020