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HomeMy WebLinkAboutA003 - Ordinance No. 4026 adopted March 9, 2010 - vacating portion of ROW l ' I t 1 t DO NOT WRITE IN THE SPACE ABOVE THIS LINE,RESERVED FOR RECORDER Prepared by:Douglas R.Marek,Ames City Attorney,515 Clark Avenue,Ames,IA 50010 Phone:515-239-5146 Return to:Ames City Clerk,P.O.Box 811,Ames,IA 50010 Phone:515-239-5105 ORDINANCE NO. 4026 AN ORDINANCE VACATING AND CLOSING A PORTION OF THE RIGHT-OF-WAY OF EAST LINCOLN WAY BE IT ENACTED,by the City Council for the City of Ames,Iowa,that: Section One. Findings. The City Council has authority, as described in Article III, Section 38A of the Constitution of the State of Iowa and in Section 3 06.10 to vacate public rights-of-way. The Council has previously given notice of and conducted a public hearing as required by Sections 306.11 and 306.12 ofthe Iowa Code,respectively. The City Council deems this ordinance 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 oflowa(2010). Section Two.Vacation&Closing. The portion of the 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. Section 3. Claims for Damages. There having been no objections or claims filed pursuant to Section 306.14 of the Code of Iowa,no damages are awarded. Section 4.Final Order. This ordinance shall constitute the final order of the Council as prescribed by Section 306.16 of the Code of Iowa,and the City Clerk shall cause this ordinance to be filed with the Recorder of the county in which the real property lies. Section 5. Repealer. All other ordinances or parts of ordinances in conflict with this ordinance are hereby repealed. Section 6. Severability. If any section, provision, or part of this ordinance shall be adjudged invalid or unconstitutional,such adjudication shall not affect the validity of the ordinance as a whole or any section,provision,or part thereof not adjudged invalid or unconstitutional. Section 7. Effective Date. This ordinance shall be in full force and effect from and after the date of its publication as provided by law. Passed this 9' day of March ,2010. Diane R. Voss,City Clerk Ann11.Campbell,Mayor