ORDINANCE NO. 433 AN ORDINANCE VACATING A PUBLIC UTILITY EASEMENT LOCATED IN A PART OF LOTS 9 AND 10, SOUTHBRIDGE PLAT 3 RE-PLATTED, AN OFFICIAL PLAT IN THE CITY OF ADEL

ORDINANCE NO. 433 AN ORDINANCE VACATING A PUBLIC UTILITY EASEMENT LOCATED IN A PART OF LOTS 9 AND 10, SOUTHBRIDGE PLAT 3 RE-PLATTED, AN OFFICIAL PLAT IN THE CITY OF ADEL WHEREAS, the developer of Southbridge Plat 3 Re-Platted has requested the City of Adel vacate an existing public utility easement within Lots 9 & 10 so that it can be relocated to accommodate a larger building on the lots; 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 public utility easement; and WHEREAS, the City Council now wishes to proceed with the vacation and conveyance of the public utility easement. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ADEL, STATE OF IOWA: Section 1: That the public utility easement located in a part of Lots 9 & 10, Southbridge Plat 3 Re-Platted, legally described as follows is hereby vacated: A PART OF LOTS 9 AND 10, SOUTHBRIDGE PLAT 3 RE-PLATTED, AN OFFICIAL PLAT IN THE CITY OF ADEL, DALLAS COUNTY, IOWA AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT 10; THENCE NORTH 00°05'11" EAST ALONG THE WEST LINE OF SAID LOT 10, A DISTANCE OF 83.05 FEET TO THE SOUTHERLY LINE OF AN EXISTING P.U.E. RECORDED IN BOOK 2019, PAGE 19880 AND TO THE POINT OF BEGINNING;THENCE CONTINUING NORTH 00°05'11" EAST ALONG SAID WEST LINE, 10.65 FEET TO THE NORTHERLY LINE OF SAID EXISTING P.U.E.; THENCE NORTH 69°54'40" EAST ALONG SAID NORTHERLY LINE, 296.78 FEET; THENCE SOUTH 89°05'20" EAST ALONG SAID NORTHERLY LINE, 3.61 FEET; THENCE SOUTH 18°51'17" EAST, 10.63 FEET TO SAID SOUTHERLY LINE; THENCE NORTH 89°05'20" WEST ALONG SAID SOUTHERLY LINE, 5.35 FEET; THENCE SOUTH 69°54'40" WEST ALONG SAID SOUTHERLY LINE, 298.60 FEET TO THE POINT OF BEGINNING AND CONTAINING 0.07 ACRES (3,022 SQUARE FEET). Section 2: That the portion of the vacated property located on Lot 9 is hereby conveyed to the owner of Lot 9, Southbridge Plat 3 Re-Platted. Section 3: That the portion of the vacated property located on Lot 10 is hereby conveyed to the owner of Lot 10, Southbridge Plat 3 Re-Platted. Section 4: That this ordinance shall be recorded. Section 5: All ordinances or portions of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Section 6: 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 7: This Ordinance shall be in effect after its final passage, approval and publication as provided by law. PASSED AND APPROVED this 10th day of November, 2025. James F. Peters, Mayor ATTEST: Carrie Erickson, City Clerk Read First Time: November 10th, 2025 Read Second Time: November 10th, 2025 - waived Read Third Time: November 10th, 2025 - waived PASSED AND APPROVED: November 10th, 2025. I, Carrie Erickson, City Clerk of the City of Adel, State of Iowa, hereby certify that the above and foregoing is a true copy of Ordinance No. 433 passed and approved by the City Council of the City at a meeting held November 10th, 2025, signed by the Mayor on November 10th, 2025, and published in the Dallas County News on November 20th, 2025. Carrie Erickson City Clerk, City of Adel, State of Iowa November 20 2025 LIOW0408838