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HomeMy WebLinkAboutA104 - Resolution No. 19-101 adopted March 26, 2019 R DO NOT WRITE IN THE SPACE ABOVE THIS LINE,RESERVED FOR RECORDER Prepared by:City Clerk's Office,515 Clark Avenue,Ames,IA 50010 Return to:Ames City Clerk,P.O.Box 811,Ames,IA 50010 Phone:515-239-5105 RESOLUTION NO. 19-101 RESOLUTION APPROVING RELEASE OF RIGHTS PURSUANT TO EASTGATE SUBDIVISION COVENANT FOR ASSESSMENT OF COSTS AND IMPROVEMENTS FOR LOTS 10, 11, 17, 22, AND 23 FOR THE CITY OF AMES WHEREAS, Lots 10, 11, 17, 22, and 23 in Eastgate Subdivision were recently sold for development; and, WHEREAS, in 1998, the original Eastgate developer signed a Development Agreement promising payment for improvements to roads and utilities in the Subdivision; and, WHEREAS,the development became the subject of a bankruptcy proceeding;and in 2001,the City entered into a Covenant that modified the owner's public infrastructure obligations; and, WHEREAS,the property was ultimately acquired by First National Bank through the bankruptcy proceedings; and, WHEREAS, the Covenant requires payment to the City for the estimated costs of widening Dayton Avenue for a turn lane and for connections to water and sewer service, and this payment is to be made upon the sale or transfer of each lot; and, WHEREAS,per the schedule of fees owed to the City, $33,180 was owed for Lot 10, 11, 17,22, and 23; and, WHEREAS,this amount has been paid to the City of Ames,and Releases are necessary so that the purchaser of the lots can close on the real estate transactions for the properties. NOW, THEREFORE,BE IT RESOLVED by the City Council of the City of Ames,Iowa,that the acceptance of payment in the amount of $33,180 is hereby approved; and authorization of the Release of Rights Pursuant for Assessment of Costs and Improvements to Lots 10, 11, 17, 22, and 23, in Eastgate Subdivision is hereby approved. 7 ADOPTED THIS 26" day of March, 2019. �r��J 1�Q��• U Diane R. Voss, City Clerk John A. Haila, Mayor Introduced by: Gartin Seconded by: Corrieri Voting aye: Beatty-Hansen, Betcher, Corrieri, Gartin, Martin Voting nay: None Absent: Nelson Resolution declared adopted and signed by the Mayor this 261h day of March, 2019.