City of Johnston ORDINANCE NO. 1151 AN ORDINANCE VACATING A WATER MAIN EASEMENT LOCATED IN CENTURY TRACE PLAT 1, AN OFFICIAL PLAT IN THE CITY OF JOHNSTON, POLK COUNTY, IOWA

City of Johnston ORDINANCE NO. 1151 AN ORDINANCE VACATING A WATER MAIN EASEMENT LOCATED IN CENTURY TRACE PLAT 1, AN OFFICIAL PLAT IN THE CITY OF JOHNSTON, POLK COUNTY, IOWA WHEREAS, a new water main easement has been recorded within Century Trace Plat 1 and the existing water main easement is no longer needed; and WHEREAS, Iowa Code Sections 364.12(2)(a) and 354.23 provide that public ways may be vacated by ordinance, after published notice and a public hearing before the City Council; and WHEREAS, Iowa Code Section 364.7 provides a city may not dispose of an interest in real property until it publishes notice and holds a public hearing; and WHEREAS, Iowa Code Section 354.23 provides vacated property within a plat can be conveyed to the adjoining property owner through the vacation ordinance; and WHEREAS, following notice given as directed by law, the City Council has held a public hearing related to the vacation and conveyance of the water main easement; and WHEREAS, the City Council now wishes to proceed with the vacation and conveyance of the water main easement. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ADEL, STATE OF IOWA: Section 1: That the water main easement located in Century Trace Plat 1, an official plat in the City of Johnston, Polk County, Iowa, legally described as follows is hereby vacated: A 20.00 feet wide water main easement in Century Trace Plat 1, an official plat in the City of Johnston, Polk County, Iowa and centered on a line that is described as follows: Commencing as a point of reference at the southeast corner of Lot 'G' of said Plat 1; thence S89°41'28"W, 126.61 feet along the south line of said Lot 'G' to a point; thence westerly along a curve to the left having a radius of 230.00 feet, an arc length of 106.00 feet, and a chord bearing of S76°30'33"W to the point of beginning; thence northerly along a curve to the right having a radius of 451.83, an arc length of 115.53 feet, and a chord bearing of N12°22'54"W to a point; thence northeasterly along a curve to the right having a radius of 166.00 feet, an arc length of 97.28, and a chord bearing of N18°29'27"E to a point; thence northerly along a curve to the left having a radius of 234.00 feet, an arc length of 144.08 feet, and a chord bearing of N17°38'22"E to a point; thence N00°09'53"W, 347.88 feet to a point; thence northwesterly along a curve to the left having a radius of 71.00 feet, an arc length of 108.65 feet, and a chord bearing of N43°50'26"W to a point; thence S89°38'16"W, 77.87 feet to a point; thence southwesterly along a curve to the left having a radius of 71.00 feet, an arc length of 102.75 feet, and a chord bearing of S41°27'24"W to a point; thence S00°09'36"W, 427.37 feet to a point; thence S34°54'47"W, 64.78 feet to a point; thence N90°00'00"W, 185.90 feet to a point on the west line of said Lot 'G', also being the point of terminus. Section 2: That the vacated property is hereby conveyed to the Century Trace Townhomes Association. Section 3: That this ordinance shall be recorded. Section 4: All ordinances or portions of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Section 5: If any section, provision, or part of this Ordinance shall be adjudged invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. Section 6: This Ordinance shall be in effect after its final passage, approval and publication as provided by law. PASSED AND APPROVED this 1st day of December, 2025. Paula S. Dierenfeld Mayor ATTEST: Cyndee Rhames City Clerk December 5 2025 LIOW0417656