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/1 r <br /> t <br /> RESOLUTION NO. v J 9 <br /> RESOLUTION PROPOSING THE CITY OF CLIVE <br /> CONVEY UNTO MAS PARTNERSHIP, AN IOWA PARTNERSHIP, BY <br /> ASSIGNMENT, CERTAIN WATER LINE AND SANITARY SEWER EASEMENT RIGHTS <br /> WHEREAS, MAS Partnership, an Iowa partnership, Polk County, <br /> Iowa, has approached the City Council of the City of Clive, Iowa, <br /> requesting that the City convey unto it by Assignment the <br /> following described easement 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 15, <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 <br /> That certain Permanent Sanitary Sewer Easement under, <br /> over, on, through, across and within that part of the <br /> following described real estate located within Lot 15, <br /> Cownie Park Plat, an Official Auditor's Plat in Clive, <br /> Polk County, Iowa, to -wit: <br /> Commencing at the Southeast Corner of said <br /> Lot 15; thence North 89 55.31" West along the <br /> South line of said Lot 15, approximately 26 <br /> feet to the point of beginning; thence con- <br /> tinuing North 89 55'31" West, 20.00 feet; <br /> thence North 0 05'15" East parallel to and <br /> approximately 13 feet West of the West line <br /> of the West 1/2 of Section 33, Township 79 <br /> North, Range 25 West of the 5th P.M., ap- <br /> proximately 762 feet to a point on a curve; <br /> thence Southeasterly along a 765.00 feet <br /> radius curve concave Northeasterly approxi- <br /> mately 60 feet; thence South 0 05'15" West <br /> parallel to and approximately 7 feet East of <br /> the West line of the West 1/2 of said Section <br /> 33, approximately 702 feet to the point of <br /> beginning. <br /> AND WHEREAS, MAS Partnership, an Iowa partnership, has <br /> agreed to pay unto the City of Clive all costs associated with <br /> said transfer including legal fees, engineering fees, recording <br /> fees and publication fees, and grant certain water line and <br /> sanitary sewer easements, grant a certain temporary sanitary <br /> sewer easement, and construct and dedicate certain water lines <br /> and sanitary sewer lines to the City of Clive as consideration <br /> 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 />