HomeMy WebLinkAboutA004 - Council Action Form dated March 27, 2018 - OLD CAF OLD CAF
36
ITEM ## 21&22
DATE: 03-27-18
COUNCIL ACTION FORM
SUBJECT: VACATION AND CONVEYANCE OF APPLE PLACE AND PEACH
LANE RIGHT-OF-WAY TO THE OLD ORCHARD/CREEKSIDE
MOBILE HOME PARK
BACKGROUND:
City of Ames staff has been approached by the owner of the Old Orchard/Creekside
Mobile Home Park about vacating and acquiring Apple Place and Peach Lane right-of-
way. These are strictly internal streets to the park that provide access to the
residents and an existing electric substation.
In 1976, Apple Place and the west 203 feet of Peach Lane was dedicated to the City by
the owners of the Old Orchard/Creekside Mobile Home Park. That dedication included a
3-foot-wide easement along both sides for snow removal and access to signs (See
Attachment A). Since that time, the pavement in these areas has begun to deteriorate
and needs repair. The owners of the mobile home park have requested that Apple
Place and Peach Lane, along with the 3-foot-wide easement, be vacated and conveyed
back to them so that they can repair the street pavement and have access control for
parking issues that arise during Iowa State athletic events. They are also asking that the
charges normally assessed when acquiring vacated right-of-way be waived.
If approved, the entire vacated area (not including the 3-foot-wide easement), along with
additional area to the north and south along former S Riverside Drive, will be retained
as a City access and utility easement (See Attachment B). This easement area would
maintain service access to the electric substation and existing utilities. It is
understood that the new easement will need to be signed by the property owner prior
recording of this vacation and conveyance request.
Attachment A is the vacation plat and shows the area requested to be vacated.
Attachment B shows the proposed access and utility easement that will be acquired
upon approval of this street vacation.
ALTERNATIVES:
1. a. Set the date of public hearing as April 10, 2018 for the first reading to approve
the vacation of Apple Place and a portion of Peach Lane.
b. Set the date of public hearing as April 24, 2018 to approve the conveyance of
vacated Apple Place and Peach Lane right-of-way to the owners of the Old
Orchard/Creekside Mobile Home Park and waive the applicable charges.
1
2. a. Set the date of public hearing as April 10, 2018 for the first reading to approve
the vacation of Apple Place and a portion of Peach Lane.
b. Set the date of public hearing as April 24, 2018 to approve the conveyance of
vacated Apple Place and Peach Lane right-of-way to the owners of the Old
Orchard/Creekside Mobile Home Park for the amount of $41,438, as
determined by City's standard formula.
3. Reconsider the vacation of Apple Place and Peach Lane.
MANAGER'S RECOMMENDED ACTION:
Because this road section is currently City right-of-way, all costs associated with
maintenance and repair currently are the responsibility of the City. Vacation of the
existing Apple Place and Peach Lane right-of-way and conveyance to the property
owners of the Old Orchard/Creekside Mobile Home Park will allow them to make
improvements to the existing street pavement and control access to the area during
special events at ISU. The value of the vacated land as calculated by the City's
standard formula is $41,438, which is substantially less than the estimated costs for the
repairs on these streets of $433,000. Therefore, it is the recommendation of the City
Manager that the City Council adopt Alternative No. 1, as noted above.
Retaining the vacated area as an access and utility easement will provide the City with
continued service access to the existing electric substation and utilities. Therefore, it
important to note that if action is taken on April 24, 2018 to convey the vacated
right-of-way, it should be conditioned on receiving a signed new easement from
the property owner prior to recording the vacation and conveyance of the current
easement area.
2
EXHIBIT 'A'
VACATION PLAT
CITY OF AMES, IOWA ENGINEERING DIVISION
DATE: 2/23/2018
NW COR. NE 1/4
SEC 15-83-24
ST
TANGERINE LANE
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p 200
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1/ R=205.18'
N _ _L_ 116.74'
331 if 191' 1 a PEACH LANE
DEED OF DEDICATION
I
FROM GRAND CENTER INC. OCT. 1, 1976
A STRIP OF LAND TWENTY-FOUR (24) FEET WIDE, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF THE NORTHEAST QUARTER OF SECTION 15, TOWNSHIP
83 NORTH, RANGE 24 WEST OF THE 5TH P.M. IN THE CITY OF AMES, STORY COUNTY, IOWA, THENCE
SOUTH 1015.5 FEET; THENCE NORTH 89' 26' EAST 33 FEET TO THE POINT OF BEGINNING; 23 FEET
NORTH AND 14 FEET SOUTH OF A LINE DESCRIBED AS FOLLOWS: CONTINUING NORTH 89' 26, EAST 191
FEET; THENCE 12 FEET EACH SIDE OF THE FOLLOWING DESCRIBED CENTER LINE: NORTH 0° 00' EAST 84.3
FEET TO THE POINT OF BEGINNING A 205.18 FOOT RADUIS CURVE CONCAVE TO THE NORTHEAST;
THENCE NORTHEASTERLY ALONG SAID CURVE A DISTANCE OF 116.74 FEET, THENCE NORTH 32° 36' EAST
800.62 FEET; THENCE NORTH 89' 35' 50" EAST 3.0 FEET; THENCE NORTH 32' 36' EAST TO THE NORTH
LINE OF THE NORTHEAST QUARTER OF SECTION 15, TOWNSHIP 83 NORTH, RANGE 24 WEST OF THE 5TH
P.M., IN THE CITY OF AMES, STORY COUNTY, IOWA.
THE UNDERSIGNED DOES FURTHER GRANT TO THE CITY OF AMES, IOWA A PERPETUAL EASEMENT OVER
(3) THREE FEET ON EITHER SIDE OF SAID PUBLIC PLACE FOR SNOW REMOVAL USE AND PLACEMENT OF
DATE
CITY AND TRAFFIC SIGNS. 2/23/18
SCALE
RECORDED IN BOOK 157, PAGE 271 OF MISC., OCT. 14, 1976. DRAWN
MD
FIELD BOOK
1
SHEET 1
EXHIBIT 'B'
PERMANENT INGRESS, EGRESS, AND UTILITY EASEMENT
CITY OF AMES, IOWA ENGINEERING DIVISION
DATE: 2/23/2018
A PARCEL OF LAND LOCATED IN THE WEST HALF OF THE NORTHEAST QUARTER OF SECTION 15,
TOWNSHIP 83 NORTH, RANGE 24 WEST OF THE 5TH P.M., IN THE CITY OF AMES, STORY COUNTY, IOWA,
DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF THE NORTHWEST QUARTER OF THE NORTHEAST
QUARTER OF SECTION 15, TOWNSHIP 83 NORTH, RANGE 24 WEST OF THE 5TH P.M., CITY OF AMES,
STORY COUNTY, IOWA. THENCE S 00°04'55" W ON THE WEST LINE OF THE NORTHEAST QUARTER OF
SAID SECTION 15, A DISTANCE OF 971.47 FEET TO A POINT ON THE SOUTH RIGHT-OF-WAY OF THE
FORMER C & NW RAILROAD, ALSO BEING THE POINT OF BEGINNING; THENCE N 32°42'23" E ON SAID
SOUTH RIGHT-OF-WAY LINE, A DISTANCE OF 55.64 FEET; THENCE S 00°04'55" W, A DISTANCE OF 53.78
FEET; THENCE S 87°35'20" E, A DISTANCE OF 157.35 FEET; THENCE 30.95 FEET ALONG A 25 FOOT
RADUIS CURVE TO THE LEFT, WITH A CHORD BEARING OF N 44°42'03" E, A CHORD DISTANCE OF 29.01
FEET; THENCE N 04°02'48" E, A DISTANCE OF 35.21 FEET; THENCE 126.92 FEET ALONG A 219.40 FOOT
RADUIS CURVE TO THE RIGHT, WITH A CHORD BEARING N 16°27'47" E, A CHORD DISTANCE OF 125.16
FEET; THENCE N 32°39'46" E TO A POINT ON THE NORTH LINE OF SAID NORTHEAST QUARTER OF SAID
SECTION 15, A DISTANCE OF 966.13 FEET; THENCE N 89°41'35" E ON SAID NORTH LINE, A DISTANCE OF
28.60 FEET; THENCE S 32°39'46" W, A DISTANCE OF 981.78 FEET; THENCE 113.16 FEET ALONG A 195.40
FOOT RADUIS CURVE TO THE LEFT, WITH A CHORD BEARING OF S 16°28'08" W, A CHORD DISTANCE OF
111.58 FEET; THENCE S 00°04'50" W, A DISTANCE OF 93.76 FEET; THENCE N 87°35'20" W, A DISTANCE
OF 204.21 FEET; THENCE S 00°04'55" W, A DISTANCE OF 429.40 FEET; THENCE N 89°55'06" W, A
DISTANCE OF 5.00 FEET; THENCE S 00°04'55" W, TO A POINT ON THE NORTH RIGHT-OF-WAY LINE OF
STATE HIGHWAY 30, A DISTANCE OF 114.76 FEET; THENCE S 89'31'59" W, ON SAID NORTH RIGHT-OF-
WAY, TO A POINT ON SAID WEST LINE OF THE NORTHEAST QUARTER OF SECTION 15, A DISTANCE OF
25.00 FEET; THENCE N 00°04'55" E ON SAID WEST LINE, A DISTANCE OF 587.35 FEET TO THE POINT OF
BEGINNING.
SAID PARCEL CONTAINS 52,947.9 SF (1.21 AC)
NOTE: ALL BEARINGS ARE ASSUMED.
I HEREBY CERTIFY THAT THIS LAND SURVEYING DOCUMENT WAS
PREPARED AND THE RELATED SURVEY WORK WAS PERFORMED
2��iS�ioNq��tio BY ME OR UNDER MY DIRECT PERSONAL SUPERVISION AND THAT VICINITY SKFTC;H
p �G I AM A DULY LICENSED PROFESSIONAL LAND SURVEYOR UNDER STORY COUNTY IOWA
MYRON G �p THE LAWS OF THE STATE OF IOWA. R-Z4-W
w DARINGER DATE
19758 �-a 2/23/18
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MYRON G DARINGER DATE ---•--- --- ---
OWP PRINTED OR TYPED NAME z
MY LICENSE RENEWAL DATE IS DECEMBER 31,2019 DRAWN
pip MID
PAGES OR SHEETS COVERED BY THIS SEAL: FIELD BOOK
1
SHEET 1 OF 2
EXHIBIT 'B'
PERMANENT INGRESS, EGRESS, AND UTILITY EASEMENT
CITY OF AMES, IOWA ENGINEERING DIVISION
DATE: 2/23/2018
S r()' NE COR.NW 1/4 NE 1/4
NW COR.NW 1/4 NE 1/4 /y 15-83-24
15-83-24 lST 1/2"IRON PIN
PK NAIL S 89°41'35"W S 89041'35"W
797.79'
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643.99'
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IRON RAIL 0.65'
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POB POINT OF BEGINNING 2/23/18
SCALE
® MONUMENT FOUND r"=200'
CENTER MONUMENT SET DRAWN
15-83-24 MD
"x"CUT IN PAVEMENT IRON RAIL GRAPHIC SCALE FIELD BOOK
POWER POLE 0 200 '
SHEET 2 OF 2
SPACE ABOVE RESERVED FOR OFFICIAL USE
Return document to:City Clerk,515 Clark Avenue,Ames IA 50010
Document prepared by:Victoria A.Feilmeyer.City ofAmes Legal Department,515 Clark Ave.,Ames,IA 50010—5 15-239-5 146
ORDINANCE NO.
AN ORDINANCE VACATING THE APPLE PLACE AND PEACH LANE RIGHT
OF WAY AND THREE FOOT SNOW REMOVAL AND SIGN PLACEMENT
EASEMENT LOCATED IN THE OLD ORCHARD/CREEKSIDE MOBILE
HOME PARK IN THE CITY OF AMES,IOWA.
BE IT ENACTED by the City Council of the City of Ames,Iowa:
SECTION 1. FINDINGS. The City Council has authority, as described in article III, section 38A of
the Constitution of the State of Iowa and in section 306.10 to vacate public rights of way. The Council has
previously given notice of and conducted a public hearing as required by sections 306.11 and 306.12 of the
Iowa Code, respectively. The City Council deems this ordinance appropriate, and necessary to protect,
preserve, and improve the rights, privileges, property, peace, safety, health, welfare, comfort, and conven-
ience of the City of Ames and its citizens, all as provided for in and permitted by section 364.1 of the Code
of Iowa(2018).
SECTION 2. VACATION AND CLOSING. The portion of the public right of way(located generally at
and commonly known as Apple Place and Peach Lane) is hereby vacated and closed where legally de-
scribed as follows: [See attached Exhibit 'A].
SECTION 3. VACATION OF EASEMENT. The easement over three (3) feet on either side of the
aforesaid public right of way for snow removal use and placement of city and traffic signs is hereby vacat-
ed.
SECTION 4. All ordinances or parts of ordinances in conflict herewith are hereby repealed to the
extent of such conflict.
SECTION 5. REPEALER. All other ordinances or parts of ordinances in conflict with this ordi-
nance are hereby repealed.
SECTION 6. EFFECTIVE DATE. This ordinance shall be in full force and effect from and after the
date of its passage and publication as provided by law.
Passed this day of ,2018.
DIANE R.VOSS, CITY CLERK JOHN A.HAILA,MAYOR
EXHIBIT`A'-LEGAL DESCRIPTION(VACATED RIGHT OF WAY)
A STRIP OF LAND TWENTY-FOUR (24) FEET WIDE, BEING MORE PARTICULARLY DE-
SCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF THE NORTHEAST QUARTER OF SECTION
15, TOWNSHIP 83 NORTH, RANGE 24 WEST OF THE 5TH P.M. IN THE CITY OF AMES, STORY
COUNTY,IOWA,THENCE SOUTH 1015.5 FEET;THENCE NORTH 89'26'EAST 33 FEET TO THE
POINT OF BEGINNING; 23 FEET NORTH AND 14 FEET SOUTH OF A LINE DESCRIBED AS
FOLLOWS: CONTINUING NORTH 89' 26' EAST 191 FEET; THENCE 12 FEET EACH SIDE OF
THE FOLLOWING DESCRIBED CENTER LINE: NORTH 0° 00' EAST 84.3 FEET TO THE POINT
OF BEGINNING A 205.18 FOOT RADUIS CURVE CONCAVE TO THE NORTHEAST; THENCE
NORTHEASTERLY ALONG SAID CURVE A DISTANCE OF 116.74 FEET, THENCE NORTH 32°
36' EAST 800.62 FEET; THENCE NORTH 89' 35' 50" EAST 3.0 FEET; THENCE NORTH 32' 36'
EAST TO THE NORTH LINE OF THE NORTHEAST QUARTER OF SECTION 15, TOWNSHIP 83
NORTH,RANGE 24 WEST OF THE 5TH P.M.,IN THE CITY OF AMES, STORY COUNTY,IOWA.