HomeMy WebLinkAbout~Master - Vacating and closing a portion of the right-of-way of East Lincoln Way instrument:2010- 00002769
Date-'Apr 05P2010 10:55:50
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Filed for record in Story Countyr Iowa.
Susan L. Vande Kamp? County Recorder
DO NOT WRITE IN THE SPACE ABOVE THIS LINE,RESERVED FOR RECORDER
Prepared by:Douglas R.Marek,Ames City Attorney,515 Clark Avenue,Ames,IA 50010 Phone:515-239-5146
Return to:Ames City Clerk,P.O.Box 811,Ames,IA 50010 Phone:515-239-5105
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ORDINANCE NO. 4026
AN ORDINANCE VACATING AND CLOSING A PORTION OF THE
RIGHT-OF-WAY OF EAST LINCOLN WAY
BE IT ENACTED,by the City Council for the City of Ames,Iowa,that:
Section One. Findings. The City Council has authority, as described in Article 111, Section 38A of the
Constitution ofthe State of Iowa and in Section 306.10 to vacate public rights-of-way. The Council has previously given
notice of and conducted a public hearing as required by Sections 306.11 and 306.12 of the Iowa Code,respectively. The
City Council deems this ordinance appropriate and necessary to protect,preserve, and improve the rights,privileges,
property,peace,safety,health,welfare,comfort,and convenience of the City of Ames and its citizens,all as provided
for in and permitted by Section 364.1 of the Code oflowa(2010).
Section Two.Vacation&Closing. The portion of the public right-of-way(located generally at 605 to 729 East
Lincoln Way)is hereby vacated and closed where legally described as follows:
the 10 feet south of and adjacent to Lots 1,2,3,4, 5,6,7, 8,9, and 10 of Friedrich's Commercial
Addition,Ames,Iowa.
Section 3. Claims for Damages. There having been no objections or claims filed pursuant to Section 306.14
of the Code of Iowa,no damages are awarded.
Section 4.Final Order. This ordinance shall constitute the final order of the Council as prescribed by Section
306.16 of the Code of Iowa,and the City Clerk shall cause this ordinance to be filed with the Recorder of the county in
which the real property lies.
Section 5. Repealer. All other ordinances or parts of ordinances in conflict with this ordinance are hereby
repealed.
Section 6. Severability. If any section, provision, or part of this ordinance shall be adjudged invalid or
unconstitutional,such adjudication shall not affect the validity of the ordinance as a whole or any section,provision,or
, �gl t thereof not adjudged invalid or unconstitutional.
Section 7. Effective Date. This ordinance shall be in full force and effect from and after the date of its
publication as provided by law.
Passed this 9" day of March ,2010.
Diane R.Voss,City Clerk Ann H.Campbell,Mayor