12/23/2010 12:17:56 PM
12/23/2010 12:17:55 PM
City of Clive
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RESOLUTION NO. S Y <br /> RESOLUTION CONVEYING UNTO <br /> GREER PROPERTIES, INC., A DELAWARE CORPORATION„ <br /> BY ASSIGNMENT CERTAIN EASEMENT RIGHTS <br /> ALL NOW LOCATED WITHIN THE CITY OF CLIVE, POLR COUNTY, IOWA, <br /> IN EXCHANGE FOR A <br /> CERTAIN PERMANENT EASEMENT, AND A <br /> CERTAIN AGREEMENT <br /> WHEREAS, Greer Properties, Inc., a Delaware corporation, has <br /> approached the City Council of the City of Clive, Iowa, re- <br /> questing that the City convey unto it by Assignment the following <br /> 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 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., a Delaware corporation, <br /> in exchange for said easement rights, has agreed to provide to <br /> the City a certain permanent easement and a certain agreement, <br /> and pay all city legal fees, engineering fees, recording fees and <br /> publication fees associated with said transfer, as full and fair <br /> consideration for said grant; and <br /> WHEREAS, after consideration of this matter the City Council <br /> believes that the best interest of the City will be promoted by <br /> the conveyance, that the value given is not less than the true <br /> fair market value of the property and that the conveyance should <br /> be approved; and <br /> WHEREAS, notice of public hearing was published and a public <br /> hearing was held on the proposal of the City of Clive to make the <br /> disposition of the interest in the real property set forth herein <br /> as required by law. <br /> NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE <br /> CITY OF CLIVE, IOWA: <br /> 1. That in consideration of the payment of the costs <br /> incurred by the City relating to such transfer <br /> (including legal fees, engineering fees, recording fees <br /> and publication fees) and the agreement of Greer <br /> Properties, Inc. to grant a certain water line easement <br /> and construct and dedicate a certain water line to the <br /> City of Clive, the City Council of the City of Clive <br /> does hereby approve the disposition of the interest in <br /> easement rights as set forth in the document entitled <br /> "Assignment," a copy of which is attached hereto and by <br /> this reference incorporated herein. <br />
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