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RESOLUTION NO. /71i <br /> RESOLUTION APPROVING AND ACCEPTING ONE CERTAIN <br /> CORRECTIVE QUIT CLAIM DEED FOR JAQUES PARK, <br /> ONE CERTAIN CORRECTIVE WARRANTY DEED <br /> FOR A PORTION OF THE 114TH STREET RIGHT -OF -WAY, <br /> AND ONE CERTAIN QUIT CLAIM DEED FOR PROPERTY ABUTTING <br /> JAQUES PARK, AND AUTHORIZING THE CITY CLERK TO RECORD THE SAME <br /> ALONG WITH SUPPORTING DOCUMENTATION IN THE OFFICE <br /> OF THE POLK COUNTY, IOWA RECORDER <br /> WHEREAS, on or about the 29th day of December, 1978, W. G. <br /> Jaques and Geraldine E. Jaques, husband and wife, executed and <br /> delivered one certain Quit Claim Deed to the City of Clive, which <br /> Li Quit Claim Deed granted certain real estate within the City of Clive <br /> to the City of Clive for park purposes, said property is commonly <br /> known as Jaques Park, a copy of said Quit Claim Deed is attached <br /> hereto as Exhibit "A" and by this reference incorporated herein; and <br /> WHEREAS, on or about the 6th day of September, 1983, William G. <br /> Jaques and Geraldine E. Jaques, husband and wife, executed and de- <br /> livered to the City of Clive, one certain Warranty Deed granting <br /> certain real estate to the City of Clive, said real estate commonly <br /> now referred to as a portion of N.W. 114th Street, a copy of said <br /> Warranty Deed is attached hereto as Exhibit "B" and by this refer- <br /> ence incorporated herein; and <br /> WHEREAS, it has come to the attention of the City of Clive, <br /> Iowa, that the original plat of survey from which the legal descrip- <br /> tions for the above- referred -to Quit Claim Deed and Warranty Deed <br /> were drafted, was erroneously prepared by Mr. Henry Oakes of Oakes <br /> Engineering Company (Registration No. 3321) by incorrectly locating <br /> the N.E. Corner of Lot 7 of the Original Plat of the East 1/2 of <br /> Section 32- 79 -25, Polk County, Iowa, resulting in incorrect legal <br /> descriptions for said Quit Claim Deed and Warranty Deed; and <br /> WHEREAS, because the original Quit Claim Deed and Warranty Deed <br /> referred -to -above were erroneously prepared, they do not reflect the <br /> correct legal descriptions of the property intended to be trans- <br /> ferred to and accepted by the City of Clive, Iowa; and <br /> WHEREAS, the City Council of the City of Clive, Iowa, is desir- <br /> ous of causing said erroneous legal descriptions in the above <br /> referred-to Quit Claim Deed and Warranty Deed to be corrected, and <br /> all documents necessary to accomplish that purpose to be executed <br /> and recorded in the office of the Polk County, Iowa, Recorder. <br /> NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY <br /> OF CLIVE, IOWA: <br /> 1. That the form of Correction Quit Claim Deed, a copy of <br /> which is attached hereto as Exhibit "C" and by this <br /> reference incorporated herein, be and is hereby approved <br /> by this City Council; and, after acceptance thereof by the <br /> City of Clive, Iowa as provided in paragraph 5 hereof, the <br /> Mayor is authorized and directed to execute the Acceptance <br /> and Disclaimer attached thereto on behalf of the City of <br /> Clive, Iowa, and the City Clerk is authorized and directed <br /> to attest to the signature of the Mayor and to affix the <br /> seal of the City to the same. <br /> 2. That the form of Correction Warranty Deed, a copy of which <br /> is attached hereto as Exhibit "D" and by this reference <br /> incorporated herein, be and is hereby approved by this <br /> City Council; and, after acceptance thereof by the City of <br /> Clive, Iowa as provided in paragraph 5 hereof, the Mayor <br /> is authorized and directed to execute the Acceptance and <br /> Disclaimer attached thereto on behalf of the City of <br /> Clive, Iowa, and the City Clerk is authorized and directed <br /> to attest to the signature of the Mayor and to affix the <br /> seal of the City to the same. <br />