The URL can be used to link to this page

Home My WebLink AboutA009 - Resolution No. 10-074 dated February 23, 2010 C InstrumPnt:2010- 40004?.1_�C M date:tg 12►2010 02:01:12P D Rec Fee: 20.00 E-Cote Fee: 3.00 G Aud Fee: .00 Trans Tax: .00 Rec Management Fee: 1.011 Non-Standard Page Fee: .00 Filed for record in Story Counts► Iowa Susan L. Vande Kamp► County Recorder RESOLUTION #10-074 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. 10-074 Approving the previously proposed disposition of the city's interest in easements upon certain real property locally described 605 to 729 East Lincoln Way and authorizing a quit-claim and release of easements 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. R. Friedrich and Sons, Inc. ("Owner"), is the owner of certain Real Property located generally at 605 to 729 East Lincoln Way and legally described as follows: A Replat of Lots 2,3,4, 5, 6, 7, 8,and 9,Friedrich's Commercial Addition (also known as Auditor's Plat of Friedrich's Commercial Addition),and the adjacent 10 feet of Aban- doned Right-of-Way on East Lincoln Way; all of which were included as Parcel "A",on the Plat of Survey,recorded on June 18,2008,as Instrument 08-6773,on Slide 333,Page 4; and a Replat of Lot 10, Friedrich's Commercial Addition, and the adjacent 10 feet of Abandoned Right-of-Way on East Lincoln Way; and a part of the Southeast '/4 of the Southeast '/4 of Section 2, T83N -R24W of the 5th P.M., all in the City of Ames, Story County,Iowa;described as follows: "Commencing at the Southeast corner of the Southeast '/4 of Section 2,T83N-R24W of the 5th P.M., in the City of Ames, Story County, Iowa; thence N 02' 18' 55" W, 40.03 feet along the east line of the SE.'/4 of said Section 2, to the Point of Beginning; thence continuing N 02' 18'55" W, 945.77 feet along the east line of Lot 10,Friedrich's Com- mercial Addition, and along the east line of the SE.'/4; thence S 81° 01' 31" W, 511.15 feet along a line parallel with and 150 feet distant from the centerline of the South Track of the Chicago and Northwestern Railway Company;thence S 02' 13'34"E,560.72 feet; thence S 870 42'32"W,along the south line of East Second Street produced east, 191.06 feet, to an angle point on the north line of Lot 1, Friedrich's Commercial Addition; thence S 89'23' 08"E,53.72 feet along the north line of said Lot 1;thence S 00'00'00" W,296.75 feet along the west line of Lot 2,Friedrich's Commercial Addition; thence N 900 00'00"E,658.51 feet along a line parallel with and 40 feet North of the south line of the SE.'/4 of Section 2,to the Point of Beginning." 3. The City of Ames holds an interest in numerous easements for public utilities, including, but not limited to electric,water, sewer, storm sewer, storm water, and general public utilities under fran- chise located over,under,and across various parts of the above described Real Property. 4. The Owner proposes to file a subdivision plat of the described Real Property. In conjunction with the proposed subdivision plat,the Owner proposes to update and clarify the public records relating to the City's easements by (a) vacating all of the existing easements and (b) granting new ease- ments consistent with the existing public utility uses located upon the Real Property. The owner further proposes to pay the city's ordinary expenses of publication and recording. 5. On the 9 day of February , 2010, the City Council previously approved Resolution No. 10-091 , proposin hg e disposal of said real property, setting a public hearing thereon, and authorizing the publication of notice. 6. On the 9 day of February ,2010,the City Council held a public hearing to consider the proposal to dispose of said real estate by accepting said written offer and to receive public comment. FJF N 20100121153558 PASLEY & SINGER LAW FIRM, L.L.P. AMES, IOWA Fi. Z- RESOLUTION APPROVING DISPOSITION OF REAL PROPERTY Page 2 7. Having now fully complied with all of the formalities required by law for the disposal of municip- ally owned real property, the City Council now hereby approves the proposal to dispose of the City's interest in said real property. 8. The Mayor and the City Clerk are hereby authorized and directed to execute on behalf of the City of Ames, Iowa, a quit-claim and release of easements conveying the interest of the City in the easements over said real property to R.Friedrich and Sons,Inc.,to deliver the instrument upon the payment of the purchase price and approval of the final subdivision plat of"Second Addition, Friedrich's Commercial Subdivision,"and to do all other things necessary and convenient to carry out the terms of the aforesaid offer. 9. 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. 10. 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). 11. 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. APPROVAL: In accordance with Iowa Code section 380.5,the undersigned approves the foregoing as fi- nally enacted on the 23 day of February 2010,by the City Council. /� In Witness Whereof,I affix my signature on the .% Y 23 day of February 2010: ( ANN H.CAMPBELL,Mayor Attested and Sealed with the seal of the City of Ames,Iowa on the date aforesaid by: DIANE R.VOSS,Clerk 7 FJFN 20100121153558 PASLEY & SINGER LAW FIRM, L.L.P. AMES, IOWA Qg.3 RESOLUTION APPROVING DISPOSITION OF REAL PROPERTY Page 3 RECORD OF COUNCIL PROCEEDINGS FOR RESOLUTION NO. 10-074 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: Davis, Goodman, T.arson, Mal w Qra�-m, �Jnrhg Absent: None Council Member Mahayni 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, Mahayni, Orazem, Wacha , 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. 10-074 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_1Q: (TtV1 Diane R. Voss Clerk FJF N 20100121153558 PASLEY & SINGER LAW FIRM, L.L.P. AMES, IOWA Pq, Y