HomeMy WebLinkAboutA001 - Resolution No. 4063 adopted October 15, 1963 a
4063
RESOLUTION NO.
RESOLUTION APPROVING R rLFASB OF BASEMENT
WHEREAS, a right of way permit and easement was granted to the
City of Ames, Iowa, over the premises described as follows, to-wit:
The South 5 feet of Lot 5, Broadmoor Fifth Addition to
Ames, Iowa,
said right of way permit and easement being dated October 8, 1962 and
recorded April 30, 1963 in Book 93 at Page 410 of the records in the office
of the Recorder of Story County, Iowa, and which right of ray permit and
easement covered the above described easement and other easements, all
given in connection with the platting of said Broadmoor Filth Addition to Am**,
Iowa; and
WHEREAS. it is the desires of the owners of Lot 5, Broadmoor Fifth
Addition to Ames, Iowa, to have the above described easement released and
a new right of way permit and easement given to the City of Ames in exchange
therefor, which new right of way permit and.easement will be over the South
5 set of the North
r dmoor Fifth Addition to Ames, Iowa
f h 27 2 feet of Lot 5 Boa
and
WHEREAS. the release of the above described right of way permit am
easement in exchange for the giving of the new right of way permit and easemest
will not adversely affect the City of Ames, Iowa, nor any other parties having
an interest in the right of way permit and easement to be released;
NOW. THEREFORE, BE IT RESOLVED by the City Council of the
City of Ames, Story County, Iowa, that the release of the right of way permit
and easement dated October 8. 1962 and recorded April 30, 1963 in Book 93
at Page 410 of the records in the office of the Recorder of Rory County, Iowa.
as it applies to the South 5 feet of Lot 5, Broadmoor Filth Addition to Ames,
Iowa, be and the same is hereby approved; that said right of way permit and
easement is to remain in effect as to all other easements described in said
instrument; that the Mayor and City Clerk are hereby authorised and directed
to execute a release .of right of way permit and easement; and that the City
Clerk is hereby authorized and directed to make a certified copy of this
Resolution and attach the same to said release.
Adopted and passed by the City Council of the City of Ames. Iowa,
this 15th day of October 1963.
M. W. o ty C erk
---
Pearle P. UeHart, Mayor
Moved by: Armstrong ; Seconded by: Brouhard
that itesolution No. 4063 be adopted.
Voting Aye: Armstrong, Judge, Brouhard, Eschbach, Bledsoe
HIRSCHBURG, REYNOLDS Voting flay: hone
GILCHRIST&NUTTY
ATTORNEYS AT LAW
300 MAIN STREET
AMES, IOWA
L
fi.
ri.sher
Absent:
4063
Mayor declared Resolution No. adopted.
I, M. W. Jordan, being the duly appointed, qualified and acting City
Cleric of the City of Ames, Story County, Iowa, do hereby certify that fhe above
and foregoing Resolution No. 4063 is a true and accurate copy of said
resolution; that said resolution was passed and adopted by the City Council
of the City of Ames, Story County, Iowa, at its regular meeting on the 1
day of octobgr . 1963.
K-V. Vofdan,�Mf Clerk, Ames, Iowa.
1
HIRSCHBURG, REYNOLDS.
GILCHRIST&NUTTY
ATTORNEYS AT LAW
300 MAIN STREET
AMES, IOWA
s >
LAW OFFICES
MARION HIRSCHBURG HIRSCHBURG, REYNOLDS, GILCHRIST & NUTTY
DONALD D.REYNOLDS P.O.BOX 270
REX S.GILCHRIST. A M E S, I O W A AREA 515
JOHN E.NUTTY 232-2640
DONALD L.SMITH October 10, 1963
Mr. M. W. Jordan
City Clerk
Municipal Building
Ames, Iowa
Dear Mr. Jordan:
Enclosed herewith you will find a release of easement and
a resolution approving the release of the easement, which I desire
to be presented to the City Council at their next regular meeting.
The easement which we are asking be released is a 5 foot
easement along the South boundary of Lot 5, Broadmoor Fifth
Addition to Ames, Iowa. Bliss and Coy have sold Lots 6, 7 and
the North 22. 2 feet of Lot 5, all Broadmoor Fifth Addition, and
desire that the easement in question be shifted north so that it is
adjacent to the north 22. 2 feet of said Lot 5. This will prevent the
easement from being located in the middle of a tract of land which
will be sold in the future. To accomplish this we will need a release
from the City of Ames of the existing easement and will, in turn,
grant to the City of Ames a new 5 foot easement over the south 5 feet
of the north 27. 2 feet of Lot 5, Broadmoor Fifth Addition.
I have discussed this proposal with the Northwestern Bell
Telephone Company and the City of Ames and there are no objections
to the moving of this particular easement.
^x Very truly yours,
yA HIRSCHBURG, REYNOLDS, GILCHRIST & NUTTY
By
RECEIVED
HN E. N TTY CITY CLERK'S OFFICE
/Attorney at Law C,"1A T l J_ J%3 PM
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