1993-10-20 Dana City Resolution 93-5
Dublin Core
Title
1993-10-20 Dana City Resolution 93-5
Subject
Resolution 93-5; North Street; street vacation; Eldon Juhl, Inc.; Juhl Feed, Inc.; Juhl Feed; exchange agreement; Warranty Deed; Special Warranty Deed; quit claim deed; Book 110 Page 353; Book 113 Page 451; incorrect distance; correction of deed; Greene County Recorder; Irregular Survey; Lot 4; Lot 5; Section 4, Township 84 North, Range 29 West; legal description; public hearing; Jack Pedersen; Jean Brabbs; George Brabbs; Diana S. Scott; notary; clerk's certificate
Description
Resolution proposing to vacate part of North Street and sell it to Juhl Feed, Inc., with a clerk's certificate. It recounts the history: an exchange agreement with Eldon Juhl, Inc. and resolutions of September 21 and October 5, 1987; a Warranty Deed dated January 7, 1989 (Book 110, Page 353) that contained an incorrect distance; and a Special Warranty Deed to Juhl Feed dated October 26, 1992 (Book 113, Page 451). It states that either the city never vacated the street before conveying it or the record cannot be found. The text sets the hearing for October 20, while the published notice and minutes give October 27. Attested by Jean Brabbs, who acted as clerk at the October 20 meeting. Four pages. Related: Resolution 93-6, the Affidavit of Publication, and the October 20 and 27, 1993 minutes.
Creator
City of Dana, Iowa
Source
Resolutions binder, City Hall
Publisher
City of Dana, Iowa
Date
1993-10-20
Contributor
City of Dana, Iowa
Format
Printed pages on white paper
Language
American English
Type
Public government records
Coverage
Dana, Greene County, Iowa
Text Item Type Metadata
Text
RESOLUTION NO. 93-5 [number handwritten]
RESOLUTION PROPOSING VACATION AND SALE OF PART OF NORTH STREET, BETWEEN DANA'S FIRST AND SECOND ADDITIONS, ORIGINAL TOWN (NOW CITY) OF DANA AND FIXING DATE FOR PUBLIC HEARING
WHEREAS, the City has previously conveyed to Eldon Juhl, Inc. by Warranty Deed dated January 7, 1989, and filed with the Greene County, Iowa Recorder on January 9, 1989, in Book 110 at Page 353, that was intended to be the following-described property:
The West 212.30 feet of the East 313.18 feet of North Street in the Town of Dana, Iowa, which is also described as all that part of North Street in the Town of Dana, Greene County, Iowa, lying adjacent to and south of Lot Five (5) and the East 80.30 feet of Lot Four (4) of the Irregular Survey of the Southwest Quarter of the Southwest Quarter (SW¼ SW¼) of Section Four (4), Township Eighty-four (84) North, Range Twenty-nine (29) West of the 5th P.M., Greene County, Iowa;
WHEREAS, Eldon Juhl, Inc. conveyed to Juhl Feed, Inc. by Special Warranty Deed dated October 26, 1992, and filed with the Greene County Recorder on October 27, 1992, in Book 113 at Page 451 that part of North Street the City conveyed to Eldon Juhl, Inc.;
WHEREAS, the City's sale and conveyance of part of North Street to Eldon Juhl, Inc. was made pursuant to an exchange agreement with Eldon Juhl, Inc. for which the City passed a Resolution on September 21, 1987, proposing that part of North Street be conveyed to Eldon Juhl, Inc. after a public hearing on the proposal;
WHEREAS, after providing legal notice of the public hearing on the proposal, a hearing was held and the City Council passed a Resolution on October 5, 1987, authorizing the sale and conveyance of part of North Street to Eldon Juhl, Inc.;
WHEREAS, the Deed from the City to Eldon Juhl, Inc. contained an incorrect distance for the part of North Street that was conveyed to Eldon Juhl, Inc.
WHEREAS, there are no filings of record with the Recorder of showing the vacation of that part of North Street that was conveyed to Juhl Feed, Inc; and the City Clerk cannot locate any such street vacation proceedings;
[page 2]
WHEREAS, either the City did not vacate that part of North Street before it was conveyed to Eldon Juhl, Inc. or the record of such vacation proceedings cannot be found.
WHEREAS, the City of Dana now desires to formally vacate that part of North Street that was intended to be the subject of the 1987 conveyance to Eldon Juhl, Inc. and to convey that property to Juhl Feed, Inc., Eldon Juhl, Inc.'s successor in interest to the property;
WHEREAS, Juhl Feed, Inc. has agreed to pay for all of the City's expense in preparing, publishing and recording the vacation and sale documents and notices for these proceedings;
WHEREAS, before the City may proceed with the street vacation and conveyance of part of North Street, it is necessary that notice of these proposals be published in accordance with the Iowa Code.
NOW, THEREFORE, be it resolved by the City Council of the City of Dana, Iowa, as follows:
1. The City of Dana proposes to adopt an ordinance vacating the above-described portion of North Street in Dana, Iowa.
2. The City of Dana proposes to sell and convey by quit claim deed to Juhl Feed, Inc. that part of North Street described above for the sum of $1.00 and for the cost of the City's publication, filing and other costs incurred in vacating and conveying the property; provided, however, such sale and conveyance shall be subject to all existing franchises, easements, licenses and permits.
3. The City Council shall meet at the Community Center in Dana, Iowa, on October 20 [sic: the published notice and the minutes set the hearing for October 27], 1993, at 7:00 p.m. at which time and place a public hearing shall be held on these proposals, at which hearing all local residents who appear shall be given an opportunity to express their views for or against the proposals.
4. The City Clerk of the City of Dana is hereby directed to publish notice of these proposals one time, not less than four days nor more than twenty days before the date of the meeting in a legal newspaper published and having a general circulation within the City of Dana, or to provide for legal posting of such notice, all in accordance with the law.
5. All or part of any resolution and order in conflict with this Resolution, to the extent of such conflict, is hereby repealed, and this resolution shall be in full force and effect immediately upon adoption.
[page 3]
Passed and approved this 20th day of October, 1993.
[signature: Jack Pedersen, Mayor]
ATTEST:
[signature: Jean Brabbs]
[embossed seal, City of Dana, Iowa]
-3-
[certificate]
CLERK'S CERTIFICATE
STATE OF IOWA ) ss:
COUNTY OF GREENE )
I, George Brabbs, being first duly sworn on oath, do hereby certify that I am the duly appointed, qualified and acting City Clerk of the City of Dana, and that as such I have in my possession, or have access to, the complete corporate records of the City and of its Council and its officers; that I have carefully compared the foregoing transcript of resolution with those records; that the transcript of resolution is a true, correct and complete copy of the City's records in relation to the matter covered by the resolution, and that at the City Council meeting at which the resolution was adopted a quorum was present, and the resolution was duly adopted pursuant to motion made, seconded and carried.
[signature: George Brabbs, City Clerk]
Subscribed and sworn to before me this 2nd [?: handwritten and overwritten] day of November, 1993.
[embossed seal: Diana S. Scott, Notarial Seal, Iowa]
[signature: Diana S. Scott]
Notary - State of Iowa
My commission expires: 1-18-96
RESOLUTION PROPOSING VACATION AND SALE OF PART OF NORTH STREET, BETWEEN DANA'S FIRST AND SECOND ADDITIONS, ORIGINAL TOWN (NOW CITY) OF DANA AND FIXING DATE FOR PUBLIC HEARING
WHEREAS, the City has previously conveyed to Eldon Juhl, Inc. by Warranty Deed dated January 7, 1989, and filed with the Greene County, Iowa Recorder on January 9, 1989, in Book 110 at Page 353, that was intended to be the following-described property:
The West 212.30 feet of the East 313.18 feet of North Street in the Town of Dana, Iowa, which is also described as all that part of North Street in the Town of Dana, Greene County, Iowa, lying adjacent to and south of Lot Five (5) and the East 80.30 feet of Lot Four (4) of the Irregular Survey of the Southwest Quarter of the Southwest Quarter (SW¼ SW¼) of Section Four (4), Township Eighty-four (84) North, Range Twenty-nine (29) West of the 5th P.M., Greene County, Iowa;
WHEREAS, Eldon Juhl, Inc. conveyed to Juhl Feed, Inc. by Special Warranty Deed dated October 26, 1992, and filed with the Greene County Recorder on October 27, 1992, in Book 113 at Page 451 that part of North Street the City conveyed to Eldon Juhl, Inc.;
WHEREAS, the City's sale and conveyance of part of North Street to Eldon Juhl, Inc. was made pursuant to an exchange agreement with Eldon Juhl, Inc. for which the City passed a Resolution on September 21, 1987, proposing that part of North Street be conveyed to Eldon Juhl, Inc. after a public hearing on the proposal;
WHEREAS, after providing legal notice of the public hearing on the proposal, a hearing was held and the City Council passed a Resolution on October 5, 1987, authorizing the sale and conveyance of part of North Street to Eldon Juhl, Inc.;
WHEREAS, the Deed from the City to Eldon Juhl, Inc. contained an incorrect distance for the part of North Street that was conveyed to Eldon Juhl, Inc.
WHEREAS, there are no filings of record with the Recorder of showing the vacation of that part of North Street that was conveyed to Juhl Feed, Inc; and the City Clerk cannot locate any such street vacation proceedings;
[page 2]
WHEREAS, either the City did not vacate that part of North Street before it was conveyed to Eldon Juhl, Inc. or the record of such vacation proceedings cannot be found.
WHEREAS, the City of Dana now desires to formally vacate that part of North Street that was intended to be the subject of the 1987 conveyance to Eldon Juhl, Inc. and to convey that property to Juhl Feed, Inc., Eldon Juhl, Inc.'s successor in interest to the property;
WHEREAS, Juhl Feed, Inc. has agreed to pay for all of the City's expense in preparing, publishing and recording the vacation and sale documents and notices for these proceedings;
WHEREAS, before the City may proceed with the street vacation and conveyance of part of North Street, it is necessary that notice of these proposals be published in accordance with the Iowa Code.
NOW, THEREFORE, be it resolved by the City Council of the City of Dana, Iowa, as follows:
1. The City of Dana proposes to adopt an ordinance vacating the above-described portion of North Street in Dana, Iowa.
2. The City of Dana proposes to sell and convey by quit claim deed to Juhl Feed, Inc. that part of North Street described above for the sum of $1.00 and for the cost of the City's publication, filing and other costs incurred in vacating and conveying the property; provided, however, such sale and conveyance shall be subject to all existing franchises, easements, licenses and permits.
3. The City Council shall meet at the Community Center in Dana, Iowa, on October 20 [sic: the published notice and the minutes set the hearing for October 27], 1993, at 7:00 p.m. at which time and place a public hearing shall be held on these proposals, at which hearing all local residents who appear shall be given an opportunity to express their views for or against the proposals.
4. The City Clerk of the City of Dana is hereby directed to publish notice of these proposals one time, not less than four days nor more than twenty days before the date of the meeting in a legal newspaper published and having a general circulation within the City of Dana, or to provide for legal posting of such notice, all in accordance with the law.
5. All or part of any resolution and order in conflict with this Resolution, to the extent of such conflict, is hereby repealed, and this resolution shall be in full force and effect immediately upon adoption.
[page 3]
Passed and approved this 20th day of October, 1993.
[signature: Jack Pedersen, Mayor]
ATTEST:
[signature: Jean Brabbs]
[embossed seal, City of Dana, Iowa]
-3-
[certificate]
CLERK'S CERTIFICATE
STATE OF IOWA ) ss:
COUNTY OF GREENE )
I, George Brabbs, being first duly sworn on oath, do hereby certify that I am the duly appointed, qualified and acting City Clerk of the City of Dana, and that as such I have in my possession, or have access to, the complete corporate records of the City and of its Council and its officers; that I have carefully compared the foregoing transcript of resolution with those records; that the transcript of resolution is a true, correct and complete copy of the City's records in relation to the matter covered by the resolution, and that at the City Council meeting at which the resolution was adopted a quorum was present, and the resolution was duly adopted pursuant to motion made, seconded and carried.
[signature: George Brabbs, City Clerk]
Subscribed and sworn to before me this 2nd [?: handwritten and overwritten] day of November, 1993.
[embossed seal: Diana S. Scott, Notarial Seal, Iowa]
[signature: Diana S. Scott]
Notary - State of Iowa
My commission expires: 1-18-96
Files
Collection
Citation
City of Dana, Iowa, “1993-10-20 Dana City Resolution 93-5,” Dana, Iowa - Historical Records, accessed November 7, 2026, https://records.danaia.gov/items/show/405.