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RESOLUTION NO. 90 <br /> RESOLUTION APPROVING VOLUNTARY ANNEXATION APPLICATION <br /> WHEREAS, Iowa Realty Co., Inc., William L. Gibson and <br /> Margaret Lee Hinrichs, all the Owners of all the following <br /> described property, did file their Voluntary Annexation Ap- <br /> plication dated the 18th day of December, 1989, requesting the <br /> annexation of certain real property owned by said persons and <br /> generally located West of 142nd Street and South of Highway 6 <br /> (Hickman Road) in Dallas County, Iowa, but by virtue of the legal <br /> description of the property necessarily includes portions of N.W. <br /> • 152nd Street, N.W. 142nd Street and Highway 6 (Hickman Road), <br /> being more particularly described as follows: <br /> Lot 1 and Lot 3, Pearson Estates; and the East Half of <br /> the Northeast Quarter of Section 35; and the North Half <br /> of Section 36 (except Pearson Estates) all such land <br /> being located in Sections 35 and 36, Township 79, Range <br /> 26 West of the Fifth P.M., Dallas County, Iowa <br /> AND WHEREAS, said Voluntary Annexation Application also <br /> requests that the City of Clive, Iowa, annex certain additional <br /> portions of N.W. 142nd Street and Highway 6 (Hickman Road) <br /> located in the Northeast Quarter of Section 36, Township 79, <br /> Range 26 West of the 5th P.M., Dallas County, Iowa, being more <br /> particularly described as follows: <br /> That part of N.W. 142nd Street located in the NE 1/4 of <br /> Section 36, Township 79, Range 26 West of the 5th P.M., <br /> Dallas County, Iowa, known as Lot D Pearson Estates <br /> Plat 2, an Official Plat, located in Dallas County, <br /> Iowa; and <br /> That part of Highway 6 (Hickman Road) located in the NE <br /> 1/4 of Section 36, Township 79, Range 26 West of the <br /> 5th P.M., Dallas County, Iowa. <br /> AND WHEREAS, the City Council of the City of Clive, Iowa, <br /> has received and filed said Voluntary Annexation Application <br /> which requests the annexation of all of the above referred to <br /> real property, and includes a consent of the above - referred -to <br /> property owners, a map of the territory proposed to be annexed <br /> and a legal description of said territory, all of which are <br /> incorporated herein by this reference and made a part hereof; and <br /> WHEREAS, Section 368.1(10) of the 1989 Iowa Code provides in <br /> part that "territory" having a common boundary with the right -of- <br /> way of a secondary road extends to the centerline of the road, <br /> thereby making the inclusion of the county roads described above <br /> within the "territory" appropriate and necessary; and <br /> WHEREAS, Section 368.5 of the 1989 Iowa Code provides that <br /> territory owned by the state of Iowa may be annexed, but the <br /> • Attorney General must be served with notice of the hearing and a <br /> copy of the proposal and that territory within the road right -of- <br /> way owned by a county may be annexed, but the County Attorney of <br /> that county must be served with notice of the hearing and a copy <br /> of the proposal, making it permissible to include the above - <br /> described county roads and state highway within the Voluntary <br /> Annexation Application, without the necessity of the state or <br /> county applying in writing to request annexation of said state <br /> highway or county roads, respectively; and <br /> WHEREAS, it appears in the best interest of the City of <br /> Clive, Iowa, that said territory should be annexed to the City of <br /> Clive, Iowa, at this time. <br /> /��u. <br />