HomeMy WebLinkAboutA001 - Council Action Form dated October 10, 2011 ITEM # 22d
DATE: 10-10-11
COUNCIL ACTION FORM
SUBJECT: VACATION OF UTILITY EASEMENT — 119 E. 12TH STREET
BACKGROUND:
McFarland Clinic, P.C. is in the process of expanding its facilities on the east side of
Duff Avenue. As a part of this expansion, an existing utility easement will be affected
due to the construction of a new building.
The proposed building construction creates the need for vacating an unused utility
easement. The easement was obtained by the City to provide electric utility service to
residential homes located at 1203, 1207, and 1211 Carroll Avenue. With the removal of
the homes, the easement is no longer needed. With City Council approval, easement
vacation will be tied to the approval of a new plat of survey showing the appropriate new
easements needed for the proposed building construction. Attachment A shows the
proposed vacation location. The legal description of the property lists it as 119 E. 12t"
Street, but it is also listed as 121 E. 12t" Street on some documents, including the
easement map. Staff will have to clarify this issue before the Council meeting.
Staff has reviewed the easement vacation location to confirm that no other utility
facilities will be affected by the vacation of this easement.
ALTERNATIVES:
1 . Approve the vacation of the easement shown in Attachment A on the McFarland
Clinic property, conditional upon a new plat of survey being approved for the
same area, and set the date of public hearing for October 25, 2011.
2. Do not approve the request to vacate the easement shown in Attachment A on
the McFarland Clinic property.
MANAGER'S RECOMMENDED ACTION:
Vacation of the existing utility easement is needed in order to facilitate the planned
building for McFarland Clinic, P.C. A public hearing needs to be held prior to approving
the disposal of City property.
Therefore, it is the recommendation of the City Manager that the City Council adopt
Alternative No. 1, thereby approving the vacation of the easement shown on Attachment
A conditional upon a new plat of survey being approved for the same area, and setting
the date of public hearing for October 25, 2011.
1
McFarland Clinic, P.C.
1215 Duff Avenue
P.O. Box 3014
Ames,Iowa 50010-3014
(515)239.4400
FAX#(515)239-4498
I"
August 29, 2011
Mr. Mark Imhoff
Electric Distribution Engineer
City of Ames Electric Services
PO Box 811
Ames, IA 50010
RE: Easement Vacation
Lot 4, Block 7, Sunrise Addition
Dear Mark:
McFarland Clinic requests to vacate the Electric Utility Easement on Lot 4, Block 7, Sunrise
Addition to the City of Ames. Please see the attached easement document for additional
information. We have been working with the Electric Department on this request, and they are
in agreement to vacate this easement as they have no current facilities within the easement.
Please let us know if you have any questions or comments for us.
Sincerely,
McFarland Clinic PC
Ron Frantzen CPMBG, BOC II
Executive Director of Facilities Management
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Enclosure
INST.H
.AETURN T" s
RIGHT OF WAY PERMIT AND EASEMENT '�+I11 ri EW OFFICEDAMTES, IOWA 50010
Delbert Bau e and Mamie L. Bau e , Husband and Wife, m
in consi eration of t e sum of one oliar, receipt of w cF is hereby acknow-
ledged, grants to the City of Ames, Iowa, a Municipal Corporation, its successors .�
and assigns, including any public utility designated by the City, the perpetual
right to construct, reconstruct, repair, maintain and use underground electrical
lines, telephone lines, wires, cables and other equipment on any part thereof
for the purposes of conveying electrical current for power and lighting purposes,
and for communicative transmissions, on the real estate described as follows.-
The east 5 feet of the south 60 feet of tha north`"
105 feet and ................-
the south 5 fe�f the D4Ch 79 fePt of� oUnLr i�Wp
lot 4, Block 7 Sunrise Addition to Ames Story Count Fran i,
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PODIA
together with a temporary right to provide overhead service in the event of
emergency.
The foregoing rights are granted upon the express condition that the City
of Ames will assume liability for all damage to the hereinbefore described pro-
perty caused by said City's failure to use due care in its exercise of the
granted rights.
Dated this 50 day of 19 .
STAfI JOF` IOWA )
SS
COUNTY OF STORY )
On this_ 0 day of 4� (r 19'7�, before me, a
Notary Public in and for the St e of Iowa, personai'l_y_appeare_c Delbert and
Mamie L. Bau e 7 Husband and Wife, personally known
to me to be the identical persons named in and who executed the foregoing instru-
ment and acknowledged that they executed the same as their giuntary act and deed.
Notary Public,' in dfid for the Sta e of Iowa
RETURN 'f(j::
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