7/25/2011 9:47:01 AM
7/25/2011 9:47:00 AM
City of Clive
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' • • <br /> AFFIDAVIT OF OWNERSHIP <br /> STATE OF IOWA <br /> SS <br /> COUNTY OF POLK <br /> I, the undersigned, being first duly sworn on oath, depose and state that <br /> I am the duly elected and serving Mayor of the City of Clive, Iowa, and that I <br /> have the authority to make this Affidavit on behalf of the City of Clive <br /> pursuant to a Resolution of the City Council adopted on (i 1 01„ !�j 4 I <br /> further depose and state that the City of Clive is the record titleholder of <br /> the following described real estate, and I am making this Affidavit for the <br /> purpose of perfecting title to abandoned railroad right -of -way property <br /> pursuant to Iowa Code Section 327G.77(2) (1991). The legal description of the <br /> property of which the City of Clive is the record titleholder is as follows: <br /> BEGINNING AT A POINT WHICH IS 33.0 FEET NORTH 89 ° 43'14" WEST FROM <br /> THE NORTHEAST CORNER OF LOT 7 O.P. EAST i OF SECTION 32, TOWNSHIP <br /> 79 NORTH, RANGE 25 WEST OF THE FIFTH P.M., CITY OF CLIVE, POLK <br /> COUNTY, IOWA; THENCE SOUTH 0 ° 09' WEST, ALONG THE WEST R.O.W. LINE <br /> OF 114TH STREET, 545.12 FEET; THENCE NORTH 89 ° 11' WEST 140.0 FEET; <br /> THENCE NORTH 0 ° 09' EAST, 147.97 FEET; THENCE NORTH 89 ° 11' WEST <br /> 155.06 FEET TO THE EAST R.O.W. LINE OF INTERSTATE HIGHWAY NO. 35- <br /> 80 AS IT IS PRESENTLY ESTABLISHED; THENCE NORTH 0 ° 35' EAST, ALONG <br /> SAID EAST R.O.W. LINE OF INTERSTATE HIGHWAY 35 -80 393.97 FEET TO <br /> THE NORTH LINE OF SAID LOT 7 (SAID NORTH LINE OF LOT 7 ALSO BEING <br /> THE SOUTH R.O.W. LINE OF THE CHICAGO, MILWAUKEE, ST. PAUL & PACIFIC <br /> RAILROAD COMPANY); THENCE SOUTH 89 ° 48'14" EAST ALONG SAID NORTH <br /> LINE OF LOT 7, 292.06 FEET TO THE POINT OF BEGINNING. <br /> The property for which the City of Clive is record titleholder and which <br /> is described above is directly adjacent to, and immediately south of a right- <br /> of-way easement granted to the St. Louis, Des Moines and Northern Railway Co. <br /> The successor in interest to the St. Louis, Des Moines and Northern Railway Co. <br /> is the Chicago, Milwaukee, St. Paul & Pacific Railroad Company ( "Milwaukee <br /> Railroad "). The successor in interest to the Milwaukee Railroad apparently is <br /> CMC Real Estate Cc poration ( "CMC ") and Richard B. Ogilvie, Trustee of the <br /> property of the Chicago, Milwaukee, St. Paul & Pacific Railroad Company, Debtor <br /> in bankruptcy. The owner of the property abutting the north side of the rail- <br /> road right -of -way easement is Holmes Oldsmobile Company, Inc. <br />
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