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HomeMy WebLinkAbout2020-04-06-Resolution 2020-114_Street or Alley Vacation, Elm StTHE CITY OF WAUKEE, IOWA RESOLUTION 2020-114 APPROVING THE VACATION AND DISPOSAL OF A STREET OR ALLEY PURSUANT TO IOWA CODE SECTIONS 354.23, 364.12(2)(A) AND 364.7 (2020) [ELM STREET] IN THE NAME AND BY THE A UTHORITY OF THE CITY OF WA UKEE, IOWA WHEREAS, the City of Waukee, Dallas County, State of Iowa, is a duly organized Municipal Organization; AND, WHEREAS, the City has previously acquired right of way for purposes of a street locally known as Elm Street; AND, WHEREAS, it has been determined that a portion of Elm Street described on attached Exhibit A is of no benefit to the public and may be vacated, conveyed, and/or otherwise disposed of subject to state code; AND, WHEREAS, the City completed an appraisal of that portion of Elm Street described on attached Exhibit A and a current value of the property was determined to be $57,000.00; AND, WHEREAS, JDS Real Estate Investments, LLC has submitted an offer to purchase the Elm Street right of way in the amount of $57,000.00. NOW THEREFORE BE IT RESOLVED by the City of Waukee City Council in session this 6th day of April, 2020, that it hereby approves the vacation of the Elm Street right of way described on attached Exhibit A and approves the sale of the property to JDS Real Estate Investments, LLC in the amount of $57,000.00. Attest:('4'� /n W fi"�" Rebecca D. Schuett, City Clerk ROLL CALL VOTE Anna Bergman R. Charles Bottenberg Chris Crone Larry R. Lyon Ben Sinclair Courtney Clarke,7Aayor AYE NAY ABSENT X X X X ABSTAIN X EXHIBIT A LEGAL DESCRIPTION OF PROPERTY TO BE VACATED — ELM STREET A Parcel of land located in a portion of Ferree's Addition to the City of Waukee, Dallas County, Iowa, identified as Parcel 19-135 in Plat of' Survey filed in Book 2020 Page 791, Dallas County, Iowa and being that portion of Elm Street more particularly described as follows: Beginning at the Southeast corner of Outlet "Z" of Ferree's Addition Plat 2 as recorded in Book 2017 on Page 6239 in the Dallas County Recorder's Office thence S00° 28' 47" W, 60.08 feet to the South line of Elm Street; thence N89° 31' 13"W along said South line, 129.04 feet to the Easterly line of Parcel "Z" as recorded in Book 2008 on Page 9887 in the Dallas County Recorder's Office; thence Northwesterly 106.83 feet along a 22868.31 foot radius curve to the right and along the Easterly line of said Parcel "Z", said curve having a chord which bears N55° 13' 26"W for 106.83 feet, to the North line of Elm Street; thence S89° 29' 25"E along said North line, 217.30 feet to the point of beginning. Said parcel contains 10,416.63 square feet (0.24 acres) and is subject to any and all easements of record.