HomeMy WebLinkAboutA015 - Resolution No. 08-421 adopted September 23, 2008 ® 0Instrument ?i►G- i v
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Filed for record in Story County, Iowa
Susan L. Vande Kamp County Recorder
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Instrument prepared by: Brian D.Torresi, 1416 Buckeye,Ste. 200,Ames,IA 50010;515-956-3914
CITY OF AMES,IOWA
RESOLUTION NUMBER 08-421
RESOLUTION TO VACATE EASEMENTS IN
H&B SUBDIVISION TO AMES,IOWA
AND ADJACENT LAND
WHEREAS, the City of Ames, Iowa has been presented with a request by William K.
Fedeler, Trustee of the William K. Fedeler 2005 Trust Agreement, the Sole Member of H & B
Properties, L.L.C., the current owner of the following described property:
Lot One (1),H&B Subdivision to Ames,Iowa; and
Lot Two (2), H&B Subdivision to Ames, Iowa; and
The South 140.0 feet of the West 122.5 feet of the East 222.5 feet of that portion of
the Southeast Quarter of the Southwest Quarter(SE'/4-SW'/4),lying South of the C
& NW Railroad Right-of-way, except the North 800 feet thereof and except the
South 63.0 feet thereof,
(the"Burdened Property"),to vacate the following easements located within the Burdened Property:
A. Public Utility Easements:
a. The South Five(5)feet and the East Five(5)feet of Lot One(1),
H&B Subdivision to Ames, Iowa; AND
b. The North Five (5) feet,the East Five (5) feet and the West Ten
(10) feet of Lot Two (2), H & B Subdivision to Ames, Iowa;
AND
c. The East Thirty-five(3 5)feet of the South One-hundred Seventy-
five (175) feet of Lot Two (2), H & B Subdivision to Ames,
Iowa.
B. Water Main Easements:
a. The East Thirty-five(3 5)feet of the South One-hundred Seventy-
five (175) feet of Lot Two (2), H & B Subdivision to Ames,
Iowa; AND
b. The West Ten(10)feet of the East One-hundred Seven(107)feet
of the North One-hundred Fifty(150)feet of Lot One(1),H&B
Subdivision to Ames, Iowa; AND
c. The West Ten (10) feet of the South One-hundred Forty (140)
feet of Lot Two (2), H&B Subdivision to Ames, Iowa; AND
d. The West Ten (10) feet of the East Forty-five (45) feet of the
North Thirty-five (35) feet of the South One-hundred Seventy-
five (175) feet of Lot Two (2), H & B Subdivision to Ames,
Iowa; AND
e. The West Ten(10)feet of the East One-hundred Ten(I 10)feet of
the North Two-hundred (200) feet of the South Five-hundred
Twenty-five (525) feet of Lot Two (2), H & B Subdivision to
Ames, Iowa; AND
f. The East Ten(10) feet of the South 140.0 feet of the West 122.5
feet of the East 222.5 feet of that portion of the Southeast Quarter
of the Southwest Quarter (SE'/a - SW'/a) of Section One (1),
Township Eighty-three(83)North,Range Twenty-four(24)West
of the 5th p.M., Story County,Iowa, lying South of the C &NW
Railroad Right-of-way, except the North 800 feet thereof and
except the South 63.0 feet thereof.
C. Sanitary Sewer Easement:
a. A Twenty (20) foot wide easement across Lot Two (2), H & B
Subdivision to Ames, Iowa, which is Ten(10) feet on each side
of the following-described centerline: Commencing at the
Northeast Corner of Lot One (1), H & B Subdivision to Ames,
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Iowa,thence North 01°13'10"East 98.96 feet along the East line
of said Lot Two (2) to the point of beginning, thence North
88°53'00"West 222.46 feet to the West line of said Lot Two(2)
and the point of ending,
said easements having been filed of record by documents filed in the office of the Recorder of Story
County, Iowa, on October 17, 1961 as Instrument No-611�1-3-444n_Book 90 at P_agg,28, on
December 28, 1992 as Instrument No,�_Zm0Z705=in=Book 342_at=Page 79,and on December 17, 1993
as Instrument No 9323=162 in Book 574 at=Page 239,all in accordance with and pursuant to Iowa
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Code Section 354.23; and
WHEREAS,Iowa Code Section 354.23 allows vacation after public hearing and such public
hearing was duly held on this date; and
NOW,THEREFORE,BE IT RESOLVED by the City Council of the City of Ames,Iowa,
that the above-mentioned easements are hereby vacated pursuant to Iowa Code Section 354.23. The
Auditor shall forward this instrument to the Recorder for recording.
Dated at Ames,Iowa on this 23 day of -geTtember ) 2008.
CITY OF AMES,IOWA F _
ANN H. CAMPBELL, May
DIANE VOSS, City Clerk `
Moved by:
Goodman
Seconded By: Mahayni
Voting Aye: Doll, Goodman, Larson, Mahayni, Popkerh;t Rice
Voting Nay: None
Absent: None
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Mayor Ann H. Campbell declared Resolution Number 08-421 adopted.
We,Ann H. Campbell and Diane Voss,being the duly elected and appointed Mayor
and City Clerk, respectively, of the City of Ames, Iowa, do hereby certify that the above and
foregoing Resolution Number 08-421 is a true and accurate copy of said Resolution;that said
Resolution was duly passed and adopted by the City Council of the City of Ames, Iowa, at a duly
convened meeting thereof on the 23 day of. September , 2008.
ANN H. CAMPBELL, Mayffr
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DIANE VOSS, City Clerk
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