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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 JEN/mc ����9i10,lldt�lr2�3�4� ,t Enc.