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RESOLUTION NO. 9 '"`, <br /> RESOLUTION PROPOSING THE CITY OF CLIVE <br /> CONSIDER VACATING CERTAIN PUBLIC EASEMENT <br /> RIGHTS WITHIN OUTLOT 3, INDIAN HILLS HEIGHTS <br /> AN OFFICIAL PLAT IN CLIVE, POLK COUNTY, IOWA <br /> WHEREAS, Jerry's Homes, Inc., owner of Outlot 3, Indian <br /> Hills Heights, an Official Plat in Clive, Polk County, Iowa, has <br /> approached the City Council of the City of Clive, Iowa, re- <br /> questing that the City vacate the following described public <br /> easement rights (the "Easement Rights "): <br /> • That certain permanent roadway, water main, sanitary <br /> sewer, storm sewer and public utility easement under, <br /> over, on, through, across and within the following <br /> described real estate, <br /> Twenty -five (25) feet each side of a line <br /> across Outlot 3, Indian Hills Heights, an <br /> Official Plat of Clive, Polk County, Iowa, <br /> described as follows: <br /> Beginning at a point on the north line of <br /> Outlot 3, said point being 36.63 feet S89- <br /> 47'03"E of the NW corner of said Outlot 3; <br /> thence S00- 12'57 "W for 299.62 feet to a point <br /> on the south line of said Outlot 3, said <br /> point being 186.00 feet S89- 49'42 "E of the SW <br /> corner of said Outlot 3. <br /> AND WHEREAS, said Easement Rights are set forth in that <br /> certain document entitled Easement, dated October 15, 1987 and <br /> recorded in the records of the Polk County, Iowa Recorder on <br /> October 23, 1987 in Book 5787 at Page 198; and <br /> WHEREAS, City staff personnel have recommended the vacation <br /> of said public easement rights described above as the Easement <br /> Rights; and <br /> WHEREAS, the City Council of the City of Clive has set forth <br /> this proposal for the vacation of the above said Easement Rights <br /> in the form of Ordinance attached hereto and by this reference <br /> incorporated herein, and is desirous of considering said <br /> Ordinance and of publishing notice thereof and holding a public <br /> hearing thereon. <br /> NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE <br /> CITY OF CLIVE, IOWA: <br /> 1. That the City Council of the City of Clive shall <br /> consider adoption of the Ordinance attached hereto <br /> providing for the permanent vacation of the fol- <br /> lowing described public roadway, water main, <br /> sanitary sewer, storm sewer and public utility <br /> • easement rights (the "Easement Rights "), to -wit: <br /> That certain permanent roadway, water main, <br /> sanitary sewer, storm sewer and public utility <br /> easement under, over, on, through, across and <br /> within the following described real estate, to- <br /> wit: <br /> Twenty -five (25) feet each side of a line <br /> across Outlot 3, Indian Hills Heights, an <br /> Official Plat of Clive, Polk County, Iowa, <br /> described as follows: <br /> Beginning at a point on the north line of <br /> Outlot 3, said point being 36.63 feet S89- <br /> 47'03"E of the NW corner of said Outlot 3; <br />