HomeMy WebLinkAbout~Master - Partial release of sanitary sewer easement in Palensky Subdivision A
INST.No, 0 4 — 01 61 4
STORY COUNTY,iOWA /
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AM FEB 1 1 2004
SUSAN L.VANDE�KAMP,Recorder Q�
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Return to/Prepared by: CITY OF AMES IOWA
FJ Feilmeyeeyer, P.O. Box 270,Ames, IA 50010 �
515-239-5000 RESOLUTION NO. 04-023
Approving the disposition of the City's easement interest in
certain real property and authorizing a quit-claim deed
< BE IT RESOLVED by the City Council of Ames, Iowa:
1. The City Council has authority, as described in article III, section 38A of the Con-
Vj stitution of the State of Iowa and in section 354.23 of the Code of Iowa,to dispose
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of interests in real property;
2. The City of Ames, owns an easement interest under that certain Easement dated
December 19, 2002, and filed in the office of the Recorder of Story County, Iowa,
on January 28, 2003, and recorded as Instrument Ns 03-01700, presently over all
of Lot 1, Palensky Subdivision, Story County, Iowa, required as a condition of
platting said subdivision. The terms of the easement provided that the City and
the owner thereof would reduce the scope of the easement at such time as location
could be better identified.
3. James W. Palensky and Teresa A. Sheib-Palensky as trustees of the Palensky 1998
Trust dated February 25, 1998 have requested that the City release from the ease-
ment a portion of Lot I for the purpose of constructing a home at 5600 240th
Street, which area is legally described as: All that part of Lot 1, Palensky Subdi-
vision, Story County, Iowa, lying northeasterly of the following described line:
Commencing at the Southeast Corner of said Lot 1; thence N 00' 00' 58" W,
577.28 feet along the east line of said Lot 1 to a point on the northerly 100-year
flood boundary of Worle Creek and the point of beginning; thence following said
100-year flood line S 54' 27' 50" W, 60.54 feet; thence S 62' 20' 21" W, 116.13
feet; thence S 87' 14' 10" W, 98.17 feet; thence N 56' 07' 49" W, 56.16 feet;
thence N 14' 21' 45" W, 64.20 feet; thence N 15' 01' 30" W, 84.47 feet; thence N
11° 03' 28" W, 141.09 feet; thence N 11° 21' 16" W, 155.65 feet; thence N 20' 04'
03" W, 31.38 feet to a point on the north line of the main body of said Lot 1, said
point being 167.01 feet east of the Northwest Corner thereof, and there terminat-
ing.
4. The owners have prepared and submitted the necessary documentation at their
own expense, which documentation has been approved by the department of pub-
lic works, and no other consideration is required.
5. The City Council held a public hearing this date pursuant to published notice and
sections 362.3 and 354.23 of the Code of Iowa to consider the proposal to dis-
posal of said interest in real estate.
6. The City Council hereby approves the proposal to dispose of the City's easement
interest in said real property and authorizes and directs the Mayor and the City
Clerk to execute on behalf of the City a quit-claim deed in substantially the form
FdF d 20040'19120741 SHARP,JAHN,FEILMEYER,FEILMEYER&KEENAN,p1c
Attorneys at Law•Ames,Iowa
RESmmoNAPPROVINGDISPOSITIONOF REAL PROPERTY Page 2
attached hereto conveying the interest of the City in said real property to James
W. Palensky and Teresa A. Sheib-Palensky as trustees of the Palensky 1998 Trust
dated February 25, 1998, and to do all other things necessary and convenient to
carry out the terms of the aforesaid offer.
7. The City Clerk is authorized and directed to affix a certified copy of this resolu-
tion to said deed and deliver same to the grantees.
8. The City Council finds this resolution appropriate and necessary to protect, pre-
serve, 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 the Constitution and laws of the State of Iowa.
9. All other resolutions or parts of resolutions in conflict with this resolution are
hereby repealed. If any part of this resolution is adjudged invalid or unconstitu-
tional, such adjudication shall not affect the validity of the resolution or action of
the City Council as a whole or any part thereof not adjudged invalid or unconsti-
tutional. This resolution shall be in full force and effect from and after the date of
its approval as provided by law.
APPROVAL BYMAYOR
The foregoing Resolution having been adopted this date by the City Council, I
hereby approve the same by affixing my signature as M yor on J 27, 2004 .%,
TED TEDESCO,Mayor '
Attest:
DIANE R. VOSS, Clerk
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Attomeys at Law•Ames,Iowa (�
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REsownoNAPPROVING DISPOSInoN OF REAL PROPERTY Page 3
RECORD OF COUNCIL PROCEEDINGS FOR RESOLUTION NO. 04-023
The City Council of Ames, Iowa, met in regular session in the council chambers,
City Hall,Ames, Iowa, at 7:00 P.M., on January 27, 2004, with the Mayor presiding and
the following Council Members present and absent:
Present: Cross, GQodhue, Goodman, Mahayni, Vegge, Wirth
Absent: None
Council Member introduced the resolution and moved its
adoption. Council Member seconded the motion to adopt. Upon con-
sideration, the Mayor put the question on the motion. The roll was called and the Council
Members voted as follows:
Yes: Cross, Goodhue, Goodman, Mahayni, Vegge, Wirth
No: None Absent/Abstain: None
The Mayor declared the resolution adopted.
CLERK'S CERTIFICATE
I, the undersigned, the duly appointed, qualified, and acting City Clerk of the City
of Ames, Iowa, do hereby certify that I have custody of the complete corporate records of
the City; that the foregoing Resolution are a true and exact copy of Resolution No.
04-023 ; and that foregoing Record of Proceedings is a true, correct, and complete
statement regarding the proceedings and acts of and the measures duly adopted by the
City Council of Ames, Iowa, at a meeting thereof as stated in the Record of Councj1po �;>:.,,.,;
ceedings.
WITNESS MY SIGNATURE AND THE SEAL of the City of Ames, lowa, on this
27 th day of January, 2004.
[S1�AI-] DIANE R.VOSS, City Clerk -
Note:The original resolution and record of proceedings is kept on file permanently in the office of the City Clerk. This Clerk's
Certificate need be completed only when a copy of the original is made and it is necessary to provide a certification showing
the authenticity of the resolution and proceedings.
F;F r 20040119120141 SHARP,JAHN,FEILMEYER,FEILMEYER&KEENAN pic
Attomeys at Law•Ames,Iowa