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RESOLUTION NO. 81 /S- <br /> RESOLUTION PROPOSING THE CITY OF CLIVE <br /> CONVEY UNTO GREER PROPERTIES, INC., BY ASSIGNMENT, <br /> CERTAIN WATER LINE EASEMENT RIGHTS <br /> WHEREAS, Greer Properties, Inc., has approached the City <br /> Council of the City of Clive, Iowa, requesting that the City <br /> convey unto it by Assignment the following described easement <br /> rights: <br /> That certain Permanent Water Line Easement under, over, <br /> on, through, across and within that part of the <br /> following described real estate located within Lot 16, <br /> Cownie Park Plat, an Official Auditor's Plat in Clive, <br /> Polk County, Iowa, to -wit: <br /> Beginning at the Southeast Corner of said Lot <br /> 15; thence North 89 55'31" West along the <br /> South Line of said Lot 15, 20.00 feet; thence <br /> North 0 05'15" East parallel to and approxi- <br /> mately 14 feet East of the West line of the <br /> West 1/2 of Section 33, Township 79 North, <br /> Range 25 West of the 5th P.M., approximately <br /> 704 feet to a point on a curve; thence South- <br /> easterly along a 765.00 feet radius curve <br /> concave Northeasterly, approximately 50 feet; <br /> thence South 0 05'15" West parallel to and <br /> approximately 34 feet East of the West line <br /> of the West 1/2 of said Section 33, approxi- <br /> mately 646 feet to the point of beginning. <br /> AND WHEREAS, Greer Properties, Inc., has agreed to pay unto <br /> the City of Clive all costs associated with said transfer <br /> including legal fees, engineering fees, recording fees and <br /> publication fees, and grant a certain water line easement, and <br /> construct and dedicate a certain water line to the City of Clive <br /> as consideration for 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 Greer Properties, Inc., by <br /> Assignment, in consideration of the costs incurred <br /> by the City relating to such transfer (including <br /> legal fees, engineering fees, recording fees and <br /> publication fees) and the agreement of Greer <br /> Properties, Inc. to grant a certain water line <br /> easement, and construct and dedicate a certain <br /> water line to the City of Clive, the easement <br /> rights hereinafter described located in the City <br /> of Clive, Polk County, Iowa, subject to the terms <br /> and conditions set forth in the attached <br /> "Assignment to -wit: <br /> That certain Permanent Water Line Easement under, <br /> over, on, through, across and within that part of <br />