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official plat in Polk County, Iowa. Said alley is 16 <br /> feet wide and approximately 264 feet long. <br /> AND WHEREAS, the Council of the City of Clive, Iowa, is <br /> desirous of conveying said real estate to Mid America Investment <br /> Co., subject to the retention and reservation by the City of <br /> Clive, Iowa of all easement rights for any public utilities now <br /> in place or evidenced by easements of record in the office of the <br /> Polk County, Iowa, Recorder, under, over, on, through, across and <br /> within said real estate, with the right to enter and construct, <br /> reconstruct, replace, repair, maintain and service the same, <br /> including but not limited to the easement rights under, over, on, <br /> through, across and within said real estate set forth in the <br /> Permanent Sanitary Sewer Easement, Permanent Storm Sewer <br /> Easement, and Permanent Surface Water Flowage and Drainage <br /> Channel Easement granted to the City of Clive, Iowa as part of <br /> The Woodlands Plat No. 1 and recorded in Book at Page <br /> in Book at Page and in Book at Page of <br /> the records of the Polk County, Iowa, Recorder, respectively; and <br /> WHEREAS, Mid America Investment Co., an Iowa corporation, <br /> has agreed to pay unto the City of Clive all costs associated <br /> with said transfer including legal fees, engineering fees, <br /> recording fees and publication fees, and has granted certain <br /> water line, storm sewer, surface water flowage and drainage <br /> channel and sanitary sewer easements and deeds for streets in The <br /> Woodlands Plat No. 1, and is constructing and will dedicate <br /> certain water lines, storm sewers, surface water flowage and <br /> drainage channels, sanitary sewers and streets within The <br /> Woodlands Plat No. 1, to the City of Clive as consideration for <br /> said grant; and <br /> WHEREAS, Section 364.7 of the Iowa Code provides that a city <br /> may not dispose of an interest in real estate by sale unless the <br /> City Council shall set forth its proposal in a resolution and <br /> shall publish notice of the resolution and of a date, time and <br /> place of a public hearing on the proposal in accordance with <br /> Section 362.3 of the Iowa Code; and <br /> WHEREAS, the City Council of the City of Clive is desirous <br /> of setting forth its proposal for the disposition of the above <br /> said interest in said real property and of publishing notice <br /> thereof and holding a public hearing thereon as required by law. <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 pro- <br /> poses to convey unto Mid America Investment Co., <br /> an Iowa corporation, by Quit Claim Deed, in <br /> consideration of the costs incurred by the City <br /> relating to such transfer (including legal fees, <br /> engineering fees, recording fees and publication <br /> fees) and the grant of certain water line, storm <br /> sewer, surface water flowage and drainage channel <br /> and sanitary sewer easements and deeds for streets <br /> in The Woodlands Plat No. 1, and the agreement of <br /> Mid America Investment Co. to construct and dedi- <br /> cate certain water lines, storm sewers, surface <br /> water flowage and drainage channels, sanitary <br /> sewers and streets within The Woodlands Plat No. <br /> 1, to the City of Clive, the street and alley <br /> right -of -way hereinafter described, located in <br /> Campbell, an Official Plat in the City of Clive, <br /> Polk County, Iowa, subject to the reservations, <br /> terms and conditions set forth in the attached <br /> "Quit Claim Deed to -wit: <br /> -2- <br />