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HomeMy WebLinkAboutA012 - Resolution No. 20-520 adopted September 22, 2020 r INSTRUMENT PREPARED BY: Brian D.Torresi,2605 Northridge Pkwy.,Ames,IA 50010(515) 288-2500 RETURN To: Ames City Clerk,515 Clark Ave.,P.O.Box 811,Ames,IA 50010 CITY OF AMES, IOWA RESOLUTION NUMBER 20-520 VACATING EASEMENT IN SUNSET RIDGE SUBDIVISION FIFTH ADDITION, AMES, STORY COUNTY, IOWA WHEREAS, the City of Ames, Iowa has been presented with a request by Sunset Ridge Property Owners Association, an Iowa nonprofit corporation, the current owner of the real estate described as: Outlot P, Sunset Ridge Subdivision Fifth Addition, Ames, Story County, Iowa (the "Burdened Property"), to vacate all of the easements located within the Burdened Property as granted by that certain Easements dated March 3, 2014, and filed in the office of the Recorder of Story County, Iowa, on April 17, 2014, as Instrument No. 2014-00002752 (collectively, the "Vacated Easements"), and as shown on the Final Plat of Sunset Ridge Subdivision Fifth Addition, Ames, Story County, Iowa, filed in the office of the Recorder of Story County, Iowa, on April 17, 2014, as Instrument No. 2014-00002751; and WHEREAS, Iowa Code § 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-referenced Vacated Easements are hereby vacated pursuant to Iowa Code § 354.23. � . i3 The Ames City Clerk shall forward this instrument to the Story County Recorder for recording. CITY OF AMES, IOWA By: JOHN HAILA, Mayor By: DIANE VOSS, City Clerk Moved by: Corrieri Seconded By: Betcher Voting Aye: Beatty-Hansen, Betcher, Corrieri, Gartin, Junck, Martin Voting Nay: None Absent: None Mayor John Haila declared Resolution Number 20-520 adopted. We, John Haila 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 20-520 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 22nd day of September , 2020. JOHN HAILA, Mayor DIANE VOSS, City Clerk 2 � ' � t 4 n : � �7i OateAor 17,2014 02t5pOW 0 Rec Fee: 15.00 E-Coe Feet 1.00 G/ Aud Fee. .00 Trans Tax; .00 P,ec tl Mewt Feet 1.00 Floe-Standard Pane Fee: ,00 Filed for record in Stare Counter Iowa Susan L. Vande Ka.er County Recorder va cc INSTRUMENT PREPARED BY Brian D.Torresl 2605 Northridge Pkwy Ste 101 Ames IA 50010(515)288-2500 RETURN To Brian D.Torresi 2605 Northridge Pkwy Ste 101 Ames,IA 5.0010 EASEMENTS KNOW ALL PERSONS BY THESE PRESENTS: That HUNZIKER LAND DEVELOPMENT COMPANY, L.L.C., for good and valuable consideration, does hereby grant unto the CITY OF AMES, IOWA, and its successors and assigns, public utility easements upon, underground,over or across the following-described real estate: The South 5 feet,the West 10 feet,and the East 5 feet of Lot One(1); The West 10 feet and the East 5 feet of Lot Two(2); The West 10 feet and the East 5 feet of Lot Three(3); The West 10 feet and the East 5 feet of Lot Four(4); The West 10 feet and the East 5 feet of Lot Five(5); The West 10 feet,the North 10 feet,and the East 5 feet of Lot Six(6); The South 10 feet,the West 10 feet,and the North 5 feet of Lot Seven(7); The North 5 feet,the East 10 feet,and the South 10 feet of Lot Eight(8); The West 5 feet,the North 10 feet,and the East 10 feet of Lot Nine(9); The West 5 feet and the East 10 feet of Lot Ten(10); The West 5 feet and the East 10 feet of Lot Eleven(11); The East 10 feet,the South 5 feet,the West 5 feet,and the North 5 feet,except the East 125 feet thereof,of Lot Twelve(12); The North 5 feet and the South 5 feet of Lot Thirteen(13); The North 5 feet and the South 5 feet of Lot Fourteen(14); The North 5 feet and the South 5 feet of Lot Fifteen(15); The North 5 feet and the South 5 feet of Lot Sixteen(16); The North 5 feet and the South 5 feet of Lot Seventeen(17); The North 5 feet,the East 10 feet, and the South 5 feet of Lot Eighteen(18); All of Outlot P;AND, All of Outlot Q, all of the foregoing in SUNSET RIDGE SUBDIVISION FIFTH ADDITION, AMES, STORY COUNTY,IOWA. That undersigned further grant unto the CITY OF AMES,IOWA,and its successors and assigns, a storm sewer,surface water flowage,shared use path,storm water conveyance and detention,and open space easement upon, underground,over or across the following-described real estate: All of Outlot P;AND, All of Outlot Q, all of the foregoing in SUNSET RIDGE SUBDIVISION FIFTH ADDITION, AMES, STORY COUNTY,IOWA. The foregoing rights are granted upon the express condition that the users of the granted rights will assume liability for all damage to the real estate described herein and any adjacent real estate caused by the failure to use due care in the exercise of the granted rights. Dated this 3RWay of March,2014. 2 HUNZiKER LAND DEVELOPMENT COMPANY, L.L.C. A By: `' 14�j( D4 E. Hunziker, Ma ger By: 0" E wm�.� Charles E. Winkleblaek,Manager STATE OF IOWA, STORY COUNTY, SS: This record was acknowledged before me on thi day of March, 2014, by Dean E. Hunziker and Charles E. Winkleblack,as the Managers of Hunziker Land Development Company, L.L.C. L 6ry Public n a d for the Sl ate of Iowa My commission expires_ I jILL Mi.ANDERSON 5 MY 01 3