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HomeMy WebLinkAboutA009 - Resolution No. 98-360 adopted July 14, 1998 J� INST.No, 99_� 09863 ° STOR N , 1O - A FILED FOR RECORD �A� JUL 17 1998 PM SUSM 1.VANDE A RecorcJer RE00RDINQ FEE$— AUDITOR'S FEE$ RESOLUTION NO. 9 8-3 6 0 APPROVING THE PREVIOUSLY PROPOSED RELEASE OF THE CITY'S INTEREST IN A CERTAIN EASEMENT AND AUTHOR- IZING ACCEPTANCE OF A NEW EASEMENT WHEREAS, the City of Ames, Iowa, was granted an easement (the "old ease- ment") for surface water flowage or drainage purposes over certain real property legally described as "The North 20 feet of Lot 3; the South 20 feet and the West 20 feet of Lot 4; and part of Outlot A beginning at the Northwest corner of said Lot 4, thence West 20 feet, thence South 257.02 feet, thence East 20 feet to the West line of Lot 3, thence North 257.02 feet along the West lines of Lots 3 and 4 to the point of beginning, all in Ames Community Development Park, First Addition, Ames, Story County, Iowa"; and WHEREAS, in connection with the final plat of Ames Community Development Park, Second Addition, Ames, Story County, Iowa, Ford Street Development Co., L.C. (the "developer"), has submitted to the city a proposal in which the City would release the old easement and in consideration therefore the developer would grant to the City an easement (the "new easement") for surface water flowage or drainage purposes over real property legally described as "The North 30 feet and the East 30 feet of Lot 4, Ames Community Development Park, First Addition, Ames, Story County, Iowa"; and 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 release the old easement and in considera- tion thereof accept the new easement. NOW, THEREFORE, IT IS RESOLVED BY THE CITY COUNCIL OF AMES, IOWA, AS FOLLOWS: 1. The city council hereby approves the proposal to release the old easement and in consideration thereof accept the new easement. 2. The Mayor and the City Clerk are hereby authorized and directed to exe- cute on behalf of the City of Ames, Iowa, a deed releasing the interest of the city in the old easement and to do all other things necessary and convenient in connection with re- lease of the old easement and acceptance of the new easement. 3. The City Clerk is authorized and directed to affix a certified copy of this resolution to said deed and deliver same to the developer upon receipt of the an instru- ment conveying the new easement. �7 APPROVAL BY MAYOR The foregoing Resolution No. 9 8-3 6 0 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 14 th day of July , 1998. ATTEST: MAYOR CITY CLERK 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 July 14 , 1998, with the Mayor presiding and the following council members present: Campbell, Cross, Hoffman, Parks, Quirmbach., Wirth ; and absent: None Council member Cross introduced the foregoing Resolution No. 9 8-3 6 0 and moved its adoption. Council member Parks seconded the motion to adopt. The roll was called and those voting YES were: Campbell , Cross, Hoffman, Parks, Ouirmbach, Wirth ; and those voting NO were 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 the foregoing Resolution No. 9 8-3 6 0 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 July 14 , 1998. [SEAL] CITY CLERK