HomeMy WebLinkAboutA005 - Resolution No. 13-537 adopted November 26, 2013 11`, Instruwt:2013- 0001433L
h Date:Dec 120013 11:59:55A
0 Rec Fee: 10.00 E-CoM Fee: 1.00
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Hon-Standard Pose Fee: .00
Filed far record in Stars Counts, Iowa
Susan L. Vande Kamot Counts Recorder
DO NOT WRITE IN THE SPACE ABOVE THIS LINE,RESERVED FOR RECORDER
Prepared by:Jessica D.Spoden,Assistant City Attorney,515 Clark Avenue,Ames,IA 50010 Phone:515-239-5146
Return to:Ames City Clerk P.O.Boa 811,Ames,IA 50010 Phone:515-239-5105
RESOLUTION NO. 13-537
RESOLUTION APPROVING VACATION OF A PORTION OF UTILITY EASEMENT AT
2801 EAST 13TH STREET FOR THE CITY OF AMES, IOWA
WHEREAS,there is an existing 40 foot public utility easement along the eastern property line
of the property located at 2801 East 13' Street; and,
WHEREAS,the property owner made a request to vacate the west 30 foot of the 40 foot public
utility easement; and,
WHEREAS, the property owner has agreed to maintain a 10 foot easement along the east
property line which is occupied by Century Link; and,
WHEREAS,pursuant to Iowa Code Section 364.7, notice was given on November 12, 2013,
and a public hearing is being held regarding the proposal of the City to vacate the easement; and,
WHEREAS, vacation of the easement is in the best interest of the City.
NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
AMES, IOWA, THAT:
1. Pursuant to Iowa Code Section 364.7, publication of notice regarding the proposed
vacation of the public utility easement and establishing a public hearing date regarding the proposal has
been made.
2. The public hearing regarding the disposition of the property is hereby closed.
3. The westerly 30 feet ofthe existing public utility easement across the following described
land is hereby vacated, while maintaining the easterly 10 feet of said easement:
Property located at 2801 East 13'' Street being more fully described as follows:
Commencing 1335.5 feet west of the South Quarter Corner, Section 31, Township 84
North, Range 23 West of the 5' P.M., Story County, Iowa, thence North 0°00' East
116.3 feet to the point of beginning, said point being on the north right-of-way line of
13' Street, as now established, thence north 0°00' East 158.5 (158.7 Plat) feet, thence
north 90°00' West 265.0 feet,thence South 0'00' East 169.2 feet,to said north right-of-
way line, thence north 87*45' east along said right-of-way line, 265.3 feet to the point
of beginning.Now also known as Parcel`B"in the Southwest Quarter of the Southwest
Quarter of Section 31,Township 84 North,Range 23 West of the 5'P.M.,Story County,
as shown on the Plat of Survey filed in the Office of the Recorder of Story County,Iowa,
on the 7' day of October, 1998, as Instrument No. 98-13937, and recorded in Slide 3,
Page 3.
ADOPTED THIS 26' day of November, 2013.
Diane R., Voss, City Clerk Ann H. Campbell,Mayor
Introduced by: Goodman
Seconded by: Davis
Voting aye: Davis, Goodman, Orazem, Szopinski, Wacha
Voting nay: None Absent: Larson
Resolution declared adopted and signed by the Mayor this 26'day of November, 2013.
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