HomeMy WebLinkAboutA002 - Resolution No. 85-245 adopted August 20, 1985 / il* `� Q1962
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RESOLUTION NO. 85-245 E d�
Pfl RELEASING AN EASEMENT FOR A SANITARY SEWER AND WATER MAIN
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WHEREAS, Elmer Z. Kluck and Marguerite E. Muck, husband and
wife, granted to the City of Ames, Iowa, a certain Easement dated June
13, 1946, and filed in the office of the Recorder of Story County, Iowa,
on August 1, 1946, and recorded in Book 63 at Page 556, to construct,
reconstruct, operate and maintain a sanitary sewer and water main across,
upon or adjacent to the real estate described as: Lot 17 in Block 2,
West Ames Addition to Ames, Iowa.
WHEREAS, the Easement has not been used for many years and is not
necessary for the utility purposes of the City of Ames, Iowa.
WHEREAS, the continued ownership of the Easement could expose the
City of Ames to future liability for damages to the owners of the under-
lying property and the Easement unnecessarily clouds the title to the
underlying property.
WHEREAS, the owners of the underlying property have made a covenant
running with the land to indemnify and hold the City of Ames harmless
from any future liability for damages arising out of said easement or
4 any installations made pursuant to the easement in exchange for a
release of said Easement.
NOW, THEREFORE, BE IT RESOLVED that the Mayor and City Clerk are
hereby authorized and directed to execute on behalf of the City of Ames,
• Iowa, and cause to be recorded an instrument releasing unto the owners
of the underlying tract of real estate, respectively, all right, title
and interest that the City of Ames, Iowa, may have by virtue of said
Easement in consideration of the covenant as aforesaid.
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BE IT FURTHER RESOLVED that the Mayor and City Clerk of the City of
Ames;`-Iowa, are hereby authorized and directed to certify and affix to
su h1, lease,a true certified copy of this resolution.
ray=° r Jais- 20th day of August 1985.
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�- `, i°ty C rk Mayor
RECORD OF VOTE
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qQ Mo�tedy �t Curtis seconded by Shank ,
that Resolution No. 85-245 be adopted.
Voting Aye: Atherly, Brown, Curtis, Shank.
Voting Nay: None Absent: Parks, Thurston
The Mayor declared said Resolution adopted.
v CERTIFICATION
We, the undersigned, the duly appointed, qualified and acting City
Clerk . of the City of Ames, Iowa, and the duly elected, qualified and
acting ,Mayor `of the City of Ames, Iowa, do hereby certify that the above
W and fore,&4'ng resolution is a true and exact copy of said resolution;
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resoiut.ion was duly adopted by the City Council of the City of
Ames , t , `a regular meeting thereof on the date shown therein.
Ct G. ext ' : Mayor
* • �� INST.NO. v
STORY COUNTY, IOWA
FILED FOR RECORD APPROVED AS TO FORM
A& S E P - 4 1985 PM BY � 2
John R. Klaus
SUSAN L.POTTER,Recorder City Attorney
By Deputy BOOK PAGE
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