HomeMy WebLinkAboutA004 - Council Action Form dated July 22, 2014 ITEM # 30
DATE: 07-22-14
COUNCIL ACTION FORM
SUBJECT: ACCESS EASEMENT AND SANITARY SEWER EASEMENT
VACATION AT 701 SOUTH DUFF AVENUE
BACKGROUND:
On July 8, 2014, City Council referred to staff a letter from Scott Renaud, representing
the property owner at 701 South Duff regarding the vacation of an existing access
easement, as well as an existing sanitary sewer easement as shown in Attachment A.
The Access Easement provides access to the City of Ames property located behind
Howe's Welding and the sanitary sewer easement provides access for maintenance
activities related to the existing sanitary sewer main within the easement.
City staff from Parks and Recreation, Planning and Housing, and Public Works met with
Mr. Renaud and the property owner on July 14, 2014, to discuss the vacation and
relocation/re-establishment of the easements. Parks and Recreation utilizes the existing
easement in order to mow the City lot and concurred with the vacation and relocation of
the Access Easement as shown in Attachment A. Upon review of the proposed
easement location shown in Attachment A, the width is satisfactory for the long-term
maintenance of the sanitary sewer main.
It should also be noted that due to the location of the main and the floodway fringe
requirements (to build at three feet above the base flood elevation), a retaining wall will
be required over the existing water main. Easement language will grant all rights for the
City to access the main, even to the extent of removal of the wall with notification to the
property owner, at no cost to the City. The property owner will be responsible for wall
replacement, as necessary.
Staff was able to discuss the impacts of the wall with Jim Howe, owner of Howe's
Welding. Jim stated that if he would have known that the property to the north would
have developed in this manner, he would have adjusted the location of the building
when he built it to allow more room for oversized loads to access the site. Apparently,
he has been utilizing both the City's easement and several feet of his neighbor's private
property to the north to gain access to his property. This area to the north provided
enough room to get heavy machinery in and out of the site over the past 28 years.
Staff relayed to Jim that the developer is considering a concrete wall in order to
minimize the damage impacts that could come from equipment/machinery contacting
the wall and the general feeling was that would be more durable than a block wall. Jim
stated to staff that he realizes that the developer owns the lot to the north and that he
has no direct input on the final plan for the site. However, he emphasized that the 12.5
i
feet that would remain between the wall on the property line and his building would
make it very difficult to accommodate truck and equipment access to his property.
ALTERNATIVES:
1. Set August 12, 2014, as the date of public hearing for the proposed vacation of
the existing access easement and the existing sanitary sewer easement at 701
South Duff Avenue.
2. The City Council can decide not to set the date of public hearing for the proposed
vacation of the existing access easement until feedback has been received at the
August 19th workshop.
MANAGER'S RECOMMENDED ACTION:
By moving forward with the easement vacation process, City Council will allow this
property owner to move ahead with the development of the project site while assuring
the maintenance needs of existing City infrastructure. Therefore, it is the
recommendation of the City Manager that the City Council adopt Alternative No.
1, thereby setting August 12, 2014, as the date of public hearing for the proposed
vacation of the access easement and the existing sanitary sewer easement at 701
South Duff Avenue.
In response to a previous Council direction, a workshop is scheduled for August 19,
2014 to provide feedback from the business and property owners to the City Council
about the proposed traffic safety improvements along South Duff. At this workshop, the
Council should receive information regarding the possibility of creating private cross
easements to facilitate traffic movements in the corridor. Concern was expressed by the
City Council regarding the access for the property immediately north of the Hunziker
property once the area is redeveloped. Therefore, on August 12, the Council might
need to decide if these public easements should be vacated before cross
easements between the Hunziker and Flummerfelt properties have been finalized.
2
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Filed:for_recerd in Stars Countsi:Iowa
Susan L. Vande Rompr County Recorder
SLIDA PAdE
R:. BRADLEY STUMBO P.O.. BOX 1664 ._AMES, IOWA 50010 515-233-3689
PLAT OF SURVEY
93.00' I
NW CDR. LOT 18 I PARCEL AG 2 LOT 17 NE CtR. LOT 18
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22'(R) REC. AS 548' - - _ - -22:(R) .
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PROPRIETOR:
E-M HUNZIKER, L.L.C. m m
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Surveyy Denscriptipn-Parcel 'AY':
Lot 20 and .the.South 22 feet of Lot 19 in Cayler's Second Addition to,Ames, Story. County, Iowa, and part
of the Northeast Quarter of the Southwest Quarter of Section.117 Township 83 North, Range 24 West :of the
5th.P.M., City of Ames. Story-County, Iowa, all,together being described as:follows: Beginning at the
W 'Southeast Corner of said Lot 20; thence S00"20'53"E, 216.25-feet along the West right of We line of
South Duff Avenue; thence S89:27'37"W; 14.06 feet;.thence S00'20'53'E, 28.00 feet; thence S99.27'37"W,.
406.17, feet:..,thence SOO'20.'53"E, 321.21 feet to the_:approximate centerline of. Squaw..Creek: thence..
N69,'49'.20 W, 91.84 feet along. said line: ;thence NOO'29'57 W, .377.71 feet thence 589'27'37"W, 4l,18 feet
to the Southwest Corner of the North'155.25 feet Of the East. 641 feet;of'said Southwest Quarter; thence
oN00'24'21"W. 155.19 feet to the Southwest Corner of said.Lot.20; thence N00'25'42"W, B2.06 feet along:the West line.of said Lots 20.and 19;. thence N89'29'23"E. 548.36 feet to the East line of said Lot 19;
z thence 500'32'30"E, 81.:72 .feet along the East line of said Lots. 19 and 20:to the point of beginning,
y containing 4.62 acres,
The Ames City Co ciI i proved this Plat of Survey on: A, 2014; with
Resolution No. I :11T. I certify that it conforms tb all'conditions for approval.
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,Planning and Housing Director
Certification: I hereby certify that this land surveying pLEy
document was prepared and the related survey work was performed Pf STG
by. me or under-my direct personal supervision and that I am':a cENSFO aim
duly licensed Land Surveyor under the laws of the State of Iowa. Q o
17161' Q
Dater 3D
A. Bradley .Stuyba L•Cense #1,7161 ss� Iowa
My license ,renldate; is December 31, 2015
Job #9724PS e.: 4/03/14 Page i of i AL LA��
Fieldwork Completed: 3/'17/14
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Rec Fee: Sa10 E-Cop_Feee 1:00 .
Aud Fee .00 Trani Tax: .00
Rec nanaseaent Fee: 1.00
Non-Standard Page Fee: .00
Filed far recard in Stars Countsr.:Iaya
Susan L. Vande Kuaar Counts Recorder
SY,IDE PAGE _
R, BRADLEY _STUMBO. P.0 80X 1664 _ AMES;. IOWA 56010 5i5-233-3689
:PLAT OF' SURVEY _
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80.44' - - - - -- - -'- - - - - - - - - 8 03:'
80.31(R) 28'(R) LOT 19 N69`29'23"E 54B.36' 26.'(R) 80:3'(n)
22'(R) - REC;'AS'548' 22!(R)
FOUND 1/2' REBAR.. - - - - - - - - - _ _ - - S69"27°13"w
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LOT`20 81 72'
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SW CDR. LOT 20—� N. LINE SW114EC 7--S . 183-24 SE COR. LOT 20
OF SET 1/2" REBAR CENTER'
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PROPRIETOR:
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SURVEY REQUESTED BY:
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90.100,
Survey Descriptipn-Parcel 'AY';
ti Lot 20 and .the South 22 feet of Lot 49 in Cayler's Second Addition to. Ames.. Story County. Iowa, and part
of the Northeast Quarter of the Southwest Quarter of Section If. Township 83 North, Range 24_West of. the
5th P.M.; City of Ames; Story County:. Iowa, all together being described as follows:"Beginning at the
Southeast Corner of said Lot. 20; thence S00'20'53'E, 216.25 feet along the West right..of way line of
m South Duff Avenue; thence S89'27 37 W,...14 00 feet; thence_SOO*20'53'E, 28.00 feet; thence S69 27 37'W.
406.17.feet;._thence,S00>'20'53'E. ..321.21 feet to the.approximate center.line.of Squaw Creek: thence...
N59'49'20 W; .91,84 feet.along said line; thence N00'29'57'W, 377.71 feet thence 589*27*37"W; 41,18:feet''
to the Southwest Corner of the North 155.25 feet Of the East 641 feat"'of Said:Southwest Quarter: thence
NOO'24'21"W; 155.19 feet to the Southwest Corner of said Lot 20- thence N00'25'42"Wd.82,06 feet along
p the West line'of said Lots 20 and 19;. thence N89'29'23"E, 548.36 feet to the East line of said Lot 19;
V. thence_S00'32'30'.E, 81.72 feet-along the East line of said 'Lots 19.and. 20 to,the point of beginning, .
vj containing 4:62-acres., -
q The Ames.City Co cilia proved this Plat of Survey on " 2014, with
ao Resolution No. - 2- : I certify that it conforms tb all conditions for approval.
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Planning:a0d.HQus5ng Olrector _ :�
Certification: I hereby certify, that this land,:Surveying pIEY
document was prepared and the r.e:lated survey work was performed PP SrG
by me or Under my direct. personal supervision and that I am.a @' SCENS�c 4i
duly licensed Land Surveyor under the laws of the State of Iowa. q coo
17161 0
Date;
R. Bradley Stumb L cense #17161
My license rene al date is December 31, 20.1.5 ((`S,Sf roWN
Jab #972dPS ete:. 4/03/14 page 1 of 1 ANAL LAdp
Fieldwork Completed: 3/17/14
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