HomeMy WebLinkAboutA004 - memo regarding error in legal description To The Honorable; Stuart N. Smith & Council Members DATE May 10 , 1972
FROM J. F. Bishop, City Attorney
SUBJECT The sale of the property.. at South Riverside Drive and Forth Street
o the
Before the building of the present bridge across the Squaw Creek at
South Fourth Street, the Ames City Council gave the Y.M.C.A. an option to
purchase the area between Fourth Street and Squaw Creek at the end of the
present South Riverside Drive for $5, 000 .00 . It was necessary that the
City use the area for storage purposes during the construction of the bridge.
Upon completion of the bridge and within the time provided in the option
which was granted to the Y.M.C.A. , the Y.M.C.A. exercised its option and
the full amount of the purchase price was paid. A deed was executed using
the legal description in the option.
It has been discovered that the legal description in the previously
executed deed is not accurate because of the final location of the bridge.
The City Engineering Department was requested to prepare an accurate
description and plat to be filed with a corrective deed. The Engineering
Department has now prepared such a plat and has further recommended the
vacation of that part of South Riverside Drive which lies to the south of
the original Fourth Street and ten feet of the original Fourth Street
between South Riverside Drive and the relocated South Fourth Street.
Accordingly, a proposed ordinance to accomplish a vacation of the portions
of the two streets has been prepared. A copy of the proposed ordinance
dated May 10 , 1972, with an attached plat is submitted herewith.
Upon enactment of the ordinance, .it will be necessary for the Council
to authorize the reexecution of the special warranty deed including the
corrected description and including those parts of South Fourth Street and
South Riverside Drive vacated by the ordinance mentioned above. A copy of
the proposed resolution dated May 10 , 1972, and a copy of the special
warranty deed which could then be executed are attached.
Early action on the ordinance and the resolution is recommended.