The URL can be used to link to this page

Home My WebLink About1975-11-07-Regular MinutesI ORDINANCE NO.I/!C~ AN ORDINANCE PROVIDING FOR THE VACATION AND DISPOSITION OF REAL ESTATE NOW BELONGING TO THE CIlY OF WAUKEE,DALLAS COUNlY,IOWA. Be It Enacted by the Council of the City of Waukee,Dallas County ,Iowa: Section 1.Purpose.The purpose of th is Ordinance is to vacate and dispose of the following described portion of alley and thereby relieve the City of Waukee ,Dallas County,Iowa,of the responsibility for its maintenance and supervision,to-wit: The East 247.5 feet of the South 20 feet 8 inches of the Southwest Quarter of the Northeast Quarter (SW 1/4 NE 1/4)of Section 33,Township 79, North,Range 26 West of the 5th P.M.,Dallas County,Iowa,reserving a perpetual easement to the City of Waukee,over,under,across,and along all of the above described real estate for utility lines, sanitary sewer lines,storm sewer,gas main,together with the right of ingress and egress,and the right to erect,construct,maintain,replace,renew,said uti Iities and construction.N 0 structure sha II be built on the above described real estate by its grantee or any successor. Section 2.Facts Found.The Council of the City of Waukee s Dallas County, Iowa,hereby makes the following findings: 1.The above described public ground is not needed for the use of the public and has been unused by the public or for public purposes for more than twenty years last past,and has for more than 20 years last past been used and devoted to private purposes. 2.That the above described real estate was not and is not now and will not be needed or re qu ired for any publ ic purpose or interest for wh ich the same is dedicated, except for the reservation of utility easements as provided in section 1 hereof. 3.The vacation and disposition of the above described real estate will not deny the owners of property abutting on the street reasonable access to the ir property . 4.It is in the public interest that the above described real estate be vacated and disposed of by the City of Waukee,Dallas County,Iowa. 5.That Notice of Hearing regarding the dlspos ition of the above described real estate was published pursuant Section 362.3 as referred to in Section 364.7, Code of Iowa,as amended,in the Dallas County News,a newspaper of qeueral ci':9c~la~jon.in the City of Waukee ,said publication date being on the /olLdayof .\.:I;r;;:Z:.(-,1975,said date of publication being not less than ten nor more lh~ltwenty-five days before the date of such hearing concerning disposition of this rea I es tate. r -- -2- 6.That H.Mac Olson and Jeanette M.Olson,husband and wife,have agreed to purchase the said real estate described in Section 1 of th is ordinance for the sum of $1.00 and other good and valuable consideration,they having paid special assessments and taxes on said property)and the conveyance to them of said real estate as herein before specifically described is in the best interests of the City of Waukee r Dallas County,Iowa,and such sale and conveyance should be made. Section 3.Vacation.The following described real estate is hereby vacated: The East 247.5 feet of the South 20 feet 8 inches of the Southwest Quarter of the Northeast Quarter (SW 1/4 NE 1/4)of Section 33,Townsh ip 79, North,Range 26 West of the 5th P .M .,Dallas County,Iowa,reserving a perpetual easement to the City of Waukee r over,under,across,and along all of the above described real estate for uti lity lines, san ltary sewer lines,storm sewer,gas main,together with the righ t of ingress and egress,and the right to erect,construct,maintain,replace,renew,said utilities and construction.No structure shall be bui It on the above described rea I estate by its grantee or any successor. Section 4.Sale.On behalf of the City the Mayor shall contract to sell and shall deed the above described real estate to H •Mac Olson and Jeanette M. Olson,for the sum of One Dollar ($1.00)and other good and valuable consideration, the purchasers having paid the special assessments and taxes on said property.It is further ordered that the Mayor and City Clerk shall sign such contract and deed of conveyance.I t is further ordered that the Mayor and Clerk withhold the consummation of this sale until thirty (30)days after the publication of this Ordinance.The trans- action will be deemed completed upon delivery of the deed of conveyance and the re- cording of such deed of conveyance in the Office of the Recorder of Dallas County ,Iowa, and upon the recording of th is Ordinance in the Office of the Recorder of Dallas County, Iowa. Section 5.Repea ler ,A II Ordinances or parts of Ordinances in confl ict with the provisions of this Ordinance are hereby repealed. Section 6 •Sav ing Clause.I f any section,prov is ion or part of th i s Ordinance shall be adjuded invalid or unconstitutional,such adjudication shall not affect the validity of the Ordinance as whole.or any section,provision,or part thereof not adjudged inva I id or unconst itutiona I • i1('J~AA[)~·..a~~..~ ~~n~ayor of the City of Waukee,Iowa Remo N izz},Clerk of'itik City of Waukee,Iowa, 197~ ,The Town Council of the To,m of l-Taukee,Iowa,met in,-=S;;,;P;.;C:;;,;C:.;:D;.;~~L:....___ session at the CITY HALL h said T01m,at _-=7{..:..,.';l.:",;,.------.r:~.... 0'clock L.N.,(C._.T.),on th0 7+10 day of ",,-.~..~?'197iJC% pursuant to Lau,to adjournment ar.d to the rules of safd Council. The meeting ,~as called to order by the Hayor,and the roll being called, there were PresentR'l'iJ.!A Rn Rnn~F named Councilmen: Hayor in the chair,and the follo~ling tHiGH GRl\.iwFEW,,TACK CARPS,PARRY COPSLI\.ND.13B:vrn BOl'lJiC:T Absent :_-:F;;;.O:.;.Y..,;'.::;IA:;:.;.TIS::::":.::O..,;i\::..'_ CouncilmanHAR:IT COPE:LI\.NL..._introduced an Ordinance Resolution entitled: nAlT OR.DINAnCE PROVIDING FOR TIE VI t CATION AND ElSSPCSTTnN !W q,"~T "'~'l'~'l'7 It was moved by Councilman •.QOP":TMW ,and seconded by Councilman BON,:":L ,that the Ordinance Resolution enetitled:n----- "T7'omr,m.,.,-, $-_..••- be now read by the Tmm Clerk.The Hayor put the question on the motion, and the roll being called,the following named Councilman voted: rJ01\'RNays:._ Whereupon,the ~ayor declared the motion duly carried. It ,~as moved by Councd.Imvn CARP;;,and seconded by Councilman GRANDFnm ,that the rule requiring an Ordinance to be read on three separate ",ays be dispensed with.The l1ayor put the question on the motion,and '",:e roll being called,the follo~Jing named councilmen voted: Ayes: Nays:NOW vlnereupon,the Nayor declared the motion duly carried. It was moved by Councilman G RA "IT!!j'!!'!i:E!l ,and seconded by Councilman COPBLA.ND ._-,that the Ordinance Rssolution entitled: be now put upon its final passage and adoption.The I-layor put the question on the final passage and adoption of said Ordinance Resolution,and the roll being called,the following named Councilman voted: Ayes :cn_~:'_!-:-'_".L_.&_J_.\TD_,=_c_.R!_I\._}_IDF_I_2_:,L._D...:,:....B_O:.;.:·,::l.:,3,.;;L;,:,:.....;C;,.;:'I..;,;;R;:l'.;,;3::...._ NOI'TSNays:_ l~ereupon,the }ayor declared said Ordinance Resolution duly adopted and passed,and signed his approval to said Ordinance Resolution • • ..onmotdcn and vote the meeting adjourned. " 74~ W'aukee,Iowa <~;• ,The TO\ID Council of ,tlfe ~own of lvaukee,Iowa,met in'._jl'<<"'~( session at the '/i"t1 /~:.,Ul.in said Jown,at ,//" o'clock '2!3JH.,W.A.T.,on the 7,~ay of ~dt4i4;;:197:5:, pursuant to la\.,to a'djournment and to the rules 0 i?8id Council. The meeting \.as called to order by the Hayor,and the roll being called, there were ;2'"~/,,~ Present .::d1CJ4t.i !:?C't';'u,'--.J Hayor in the chair,and the follo~ling named Councilmen: '"0'),£ be now read by the Town Clerk.The llayor put the question on the motion, and the roll ~~ing called,the follo\dng named Councilmen voted: Ayes:-{:LIf.f(},<>//IEt''i?t;,4UZ77h£,/' Nays:,fV.,');:,: Whereupon,the hayor declared the motion duly carried./lIt\.as mo:z.edi'byCC,JUllcilF-n r_::.:r/l4UL •and seconded by Councilman_/hi ,,{!joe,A ';that/the rule requiring an Ordinance to be read on three s ,'arate days be dispensed ~1ith.The Mayor put the question on the motio ,and the roll being called,the follo\ling named councilmen voted:,(,/~./) Ayes:(£/--c/?'..!/r ../,,::.L-ld/,liJ·r:{tft'/.7L/A.<c(;C /':"'7'-'----'J -Nays:.4 __;V;·/SL_,_./_ ~fuereupon,the Mayor declared tpe,motion duly carried. It was o,V1edbyCouncilrr.an_M'fl;(~./;:<f~J2 and seconded by Councilman_~'.......c J that th)Ordinance Resolution entitled:' tr ,(:S;/'t-v~ ---------_._._------------- be now put upon its final passage and adoption.The Hayor put the question on the final passage and adoption of said Ordinance Resolution,and the roll 'being called,the following named,Councilmen voted: 1(..,rl.~"(;~j;"v<.f!t('))g~_7,u7_eF <Ii,j,"I !i /./ Nays:__-,'.f~'/'4:r'_;·,;L;j,i,.;"...------------------------- Ayes: (Seal)