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HomeMy WebLinkAboutA005 - Resolution No. 94-77, March 4, 1994 RESOLUTION NO. 94-77 CONTAINING A PROPOSAL FOR THE DISPOSITION OF THE CITY'S INTEREST IN CERTAIN REAL PROPERTY AND SCHEDULING A PUBLIC HEARING ON SUCH PROPOSAL. WHEREAS, the City of Ames, Iowa, by the adoption of Ordinance No. 2431 on January 23, 1973, which became effective by publication on January 26, 1973, vacated a certain alley right of way in Black's Fourth Addition to the City of Ames, Iowa, and pro- vided for "all title and interest" of the City of Ames, Iowa, to be "released to the abutting property owners." WHEREAS, Evan Kent Cooper and Joan E. Cooper and their predecessors in in- terest as the owners of property abutting on two parcels of said vacated alley right of way have occupied, improved and paid property taxes on said two parcels of vacated alley right of way that were conveyed to them by one Quit Claim Deed executed by the City of Ames, Iowa, on March 28, 1973, and recorded on March 30, 1973, in Book 150 at Page 302 and a second Quit Claim Deed executed by the City of Ames, Iowa, on March 28, 1973, and recorded on March 30, 1973, in Book 150 at Page 306. WHEREAS, it has been determined that the title conveyed by the City of Ames, Iowa, under said quit claim deeds is defective because of a failure to comply with the re- quirements of the Code of Iowa for notice and hearing on the disposition of said parcels as then proposed. WHEREAS, the present record titleholders of the properties upon which said two parcels of vacated alley right of way abut have agreed to pay for the cost of preparing all legal proceedings required to cure the deficiency in their title and to pay the cost of pub- lishing the required notice of public hearing and to grant to the City of Ames a perpetual easement across said two parcels for electric utility purposes. NOW, THEREFORE, IT IS RESOLVED BY THE CITY COUNCIL OF AMES, IOWA, AS FOLLOWS: 1. Pursuant to Section 364.7 of the Code of Iowa, and for purposes of cor- recting deficiencies in prior council proceedings, the Ames City Council proposes to dis- pose of any interest the City of Ames may have in two parcels of previously vacated alley right of way by authorizing and directing the delivery of a quit claim deed from the City of Ames quit claiming and conveying its interest in said two parcels to the present record ti- tleholders of the abutting properties at 511 South 4th Street in the City of Ames and at 317 South Walnut in the City of Ames, namely, Evan Kent Cooper and Joan E. Cooper, in consideration of the payment by the grantees of the cost of preparing the required legal proceedings and the cost of publishing the required notice of public hearing and the granting of a perpetual easement to the City of Ames across said two parcels for electric utility purposes. Said two parcels of real property are legally described as follows: cooe.001 Resolution of Ames City Council Page 2 That part of the vacated alley lying West of and adjacent to the West 60 feet of Lots 9 and 12 in Block "C" of Black's Fourth Addition to the City of Ames, Iowa, described as: Beginning at the Southwest corner of said Lot 12, thence West 20 feet, thence North 120 feet, thence East 20 feet to the Northwest corner of said Lot 9, thence South 120 feet to the point of beginning. That part of the vacated alley lying West of and adjacent to Lot 8 in Block "C" of Black's Fourth Addition to the City of Ames, Iowa, described as: Beginning at the Southwest corner of said Lot 8, thence West 10 feet, thence North 60 feet, thence East 10 feet to the Northwest corner of said Lot 8, thence South 60 feet to the point of beginning. 2. The proposed disposition of said two parcels of real property shall be fur- ther considered at a public hearing before the city council at a meeting thereof to be held in the council chambers of the city hall at 515 Clark Avenue, Ames, Iowa, commencing at 7:00 P.M. on the 22nd day of March, 1994, at which time parties in interest and citizens shall have an opportunity to be heard in regard to said proposal. 3. Notice of said public hearing shall be published in accordance with section 362.3 of the Code of Iowa. APPROVAL BY MAYOR The foregoing Resolution No. 94-77 having been duly adopted this date by the City Council of Ames, Iowa, I hereby approve the same by affixing below my official signature as Mayor this Is t day of March, 1994. ATTEST: LARRY R. OURTIS, Mayor JILL L. RIPPERGER, c ing Ny Clerk Resolution of Ames City Council Page 3 RECORD OF COUNCIL PROCEEDINGS The City Council of Ames, Iowa, met in special session in the council chambers, City Hall, Ames, Iowa, at 5:00 o'clock P. M., on March 1, 1994, with the Mayor presiding and the following council members present: Campbell , Parks, Tedesco, and Wirth ; and absent: Brown and Hoffman Council member Parks introduced the foregoing Resolution No. 94-77 and moved its adoption. Council member Campbell seconded the motion to adopt. The roll was called and those voting YES were: Campbell , Parks, Tedesco, and Wirth ; and those voting NO were None The Mayor declared the resolution adopted. CLERK'S CERTIFICATE I, the undersigned, the duly appointed and qualified Acting City Clerk of the City of Ames, Iowa, do hereby certify that the foregoing Resolution No. 94-77 is a true and exact copy of said Resolution; that said Resolution was duly adopted by the City Council of Ames, Iowa, at a meeting thereof as stated in the foregoing Record of Council Proceedings. WITNESS my official signature and the seal of the City of Ames, Iowa, on the 1st day of March, 1994. az [SEAL] JILL L. RIPPERGER, cting ity Clerk