The URL can be used to link to this page

Home My WebLink About~Master - Sale of City R-O-W along East Lincoln Way vr�Instrunent:2010- 0000425E M Date:tlay 12►2010 02:03:15P D Rec Fee: 20.00 E-Com Fee: 3.00 G Aud Fee: .00 Trans Tax: .00 Rec Management Fee: 1.00 Non-Standard Page Fee: .00 Filed for record in Story County► Iowa Susan L. Vande Kaapy County Recorder RESOLUTION #10-075 Prepared by: F.J. Feilmeyer,Attorney at law, P.O. Box 664,Ames,Iowa,50010—515-232-4732 Return to: F.J. Feilmeyer,Attorney at law, P.O. Box 663,Ames, Iowa,50010—515-232-4732 Grantor: City of Ames Grantee: R. Friedrich&Sons, Inc. Legal Description: See page 2 CITY OF AMES, IOWA RESOLUTION NO. 10-075 Approving the previously proposed disposition of the City's interest in certain real property locally described as 10 feet south of and adjacent to Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, and 10 of Friedrich's Commercial Addition and authorizing a deed of conveyance to the purchaser 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 Constitution of the State of Iowa and in section 364.7 of the Code of Iowa(2010),to dispose of interests in real prop- erty. 2. The City of Ames, owns certain real property and 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 3. R.Friedrich and Sons,Inc.,has submitted to the City a written offer to purchase said real property from the City and to pay the City as the purchase price therefor$10.00 and costs of sale, all in ac- cordance with the terms of said offer. 4. On the_9 day of Fehrnar)4 2010, the City Council previously approved Resolution No. 10-051 , proposing eth disposal of said real property, setting a public hearing thereon, and authorizing the publication of notice. 5. On the 21 _day of February , 2010, the City Council held a public hearing to consider the proposal to dispose of said reams to by accepting said written offer and to receive public comment. 6. Having now fully complied with all of the formalities required by law for the sale of municipally owned real property, the City Council now hereby approves the proposal to dispose of the City's interest in said real property and authorizes and directs the Mayor and the City Clerk to execute on behalf of the City a written acceptance of the offer to purchase said real property. 7. The Mayor and the City Clerk are hereby authorized and directed to execute on behalf of the City of Ames, Iowa, a deed without warranty conveying the interest of the City in said real property to R.Friedrich and Sons,Inc.,to deliver said deed upon the payment of the purchase price, and to do all other things necessary and convenient to carry out the terms of the aforesaid offer. Said deed shall contain a clause reserving to the City an easement over, under and across said real property for the maintenance, operation,and reconstruction of all utility lines presently existing on said real property, it being the intention of the City that no merger of the easement and the fee title shall have occurred. 8. The City Clerk is authorized and directed to affix a certified copy of this resolution and a proof of publication of the notice of public hearing to said deed. 9. The City Council finds this resolution 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 of Iowa (2010). 10. 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 unconstitutional, such adjudication shall not af- fect the validity of the resolution or action of the City Council as a whole or any part thereof not adjudged invalid or unconstitutional. This resolution shall be in full force and effect from and after the date of its approval as provided by law. FJ[° v20100105115306 PASLEY & SINGER LAW FIRM, L.L.P. AMES, IOWA �' RESOLUT1oN APPRowNG DLSPOSIT/oN OF REAL PROPERTY Page 2 APPROVAL: In accordance with Iowa Code section 380.5,the undersigned approves the foregoing as fi- nally enacted on the_2_3—day of February 2010,by the City Council. In Witness Whereof,I affix my signature on the l� 2� day of y ,2010: FP� / ; i ANN H.CAMPBELL,Mayo Attested and Sealed with the seal of the City of Ames,Iowa on the date aforesaid by: DIANE R.VOSS,Clerk ter t er iVf'N20100105115308 PASLEY & SINGER LAW FIRM, L.L.P. AMES, IOWA ��' RESOLUTION APPROVING DISPOSITION OF REAL PROPERTY Page 3 RECORD OF COUNCIL PROCEEDINGS FOR RESOLUTION NO. 10-075 The City Council of Ames, Iowa,met in regular session in the council chambers, City Hall, Ames, Iowa,at 7:00 P.M.,on the 23 day of February ,2010,with the Mayor presiding and the follow- ing Council Members present and absent: Present: navi s, Gnu I --on, Mahayni, graaem,Waeh^ Absent: None Council Member Maha ni introduced the resolution and moved its adoption. Council Member Larson seconded the motion to adopt. The Mayor called for a vote upon the question of the approval of the motion. The Council Members voted as follows: Yes: Davis, Larson, Maha)mi _ nray,am Warha No: Goodman Not voting: None The Mayor declared the resolution adopted. Note:The Clerk's Certificate is used to authenticate a duplicate of the original.The Clerk should not sign the certificate on the original document. The Clerk should keep the original document and record of proceedings on file in the City's permanent records at all times.The Clerk should complete the following on the duplicate when necessary to provide a"certified copy"of the original. 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 records of the City of Ames; that the foregoing Resolution No. 10-075 is a true and exact copy of said resolution as filed and recor- ded in my office; that said resolution was duly passed by the City Council, and approved as shown by the attached Record of Action. In Witness Whereof, I have affixed my signature and the seal of the City of Ames, Iowa on this 23 day of February 20 10 [Seal] CAA-_)avyC Diane R. Voss Clerk r . Fjr:X" CH05,15i08 PASLEY & SINGER LAW FIRM, L.L.P. ��•� AMES, IOWA