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Home My WebLink AboutA007 - Resolution No. 94-110, March 22, 1994 Y r v� �'tcording Fee Fe r 'D lw *---_.__0,34'70 0 AudttoesFoe$ _.� STORY COUNTY, IOWA 51 FILED FOR RECORD RESOLUTION NO. 94-110 =--- MAR 3 01994 pM d,a4 tL off , !/air-1 ,4.c SVS4N L VAAh0E 1(.4MP 1W6R7)ek APPROVING THE PREVIOUSLY PROPOSED DISPOSITION OF THE CITY'S IN- TEREST IN CERTAIN REAL PROPERTY AND AUTHORIZING A DEED OF CON- VEYANCE. 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. WHEREAS, a public hearing has been held before the city council pursuant to published notice and sections 362.3 and 364.7 of the Code of Iowa to consider the pro- posal previously adopted by the city council to dispose of said two parcels of real property by quit claiming the interest therein of the City of Ames to Evan Kent Cooper and Joan E. Cooper. NOW, THEREFORE, IT IS RESOLVED BY THE CITY COUNCIL OF AMES, IOWA, AS FOLLOWS: 1. The city council hereby approves the proposal to dispose of the city's inter- est in the two parcels of previously vacated alley right of way described as follows: 599 172 cooe.003i(��PAGE 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 Mayor and the Acting City Clerk are hereby authorized and directed to execute on behalf of the City of Ames, Iowa, a quit claim deed quit claiming and convey- ing the interest of the city in said real property to EVAN KENT COOPER and JOAN E. COOPER and to deliver same to said grantees upon receiving payment to the City of Ames for the cost of publishing said notice of public hearing and upon receiving said elec- tric utility easement from said grantees. 3. The Acting City Clerk is authorized and directed to affix a certified copy of this resolution to said quit claim deed. APPROVAL BY MAYOR The foregoing Resolution No. 94-110 having been duly adopted this date by the City Council of Ames, Iowa, I hereby approve the same by affixing below n y._officialy signature as Mayor this 2 2 n d date of March, 1994. z � ca'Lx� srrlPA�kr�� Tt ATTEST: LARRY R. URTIS, Mayor JILL L. RIPPERG A ng City Clerk 54 173 BOOK_______PAGE_________. r Resolution of Ames City Council Page 3 RECORD OF COUNCIL PROCEEDINGS The City Council of Ames, Iowa, met in regular session in the council chambers, City Hall, Ames, Iowa, at 7:00 o'clock P. M., on March 22, 1994, with the Mayor presid- ing and the following council members present: Campbell , Hoffman, Parks, Tedesco, and Wirth ; and absent: rown Council member Tedesco introduced the foregoing Resolution No. 94-110 and moved its adoption. Council member Wirth seconded the motion to adopt. The roll was called and those voting YES were: Campbell , Hoffman, 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. 94-110 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 2 2 n d day of March, 1994. . . r z S» .�yryul•�+��,.'�s JILL L. RIPPERGE , Act g City Clerk All i�r 2ti 4 t Sid 3gx° 599 174 BOOT{ PA GE___