Loading...
HomeMy WebLinkAbout~Master - Public hearing date for E. Lincoln Way R-O-W vacation CITY OF AMES, IOWA RESOLUTION NO. 10-051 A resolution proposing and setting the date and time for a hearing on the proposed vacation of public right-of-way of apart of'East Lincoln Way BE IT RESOLVED by the City Council of Ames,Iowa: 1. The City Council has authority, as described in article III, section 38A of the Constitution of the State of Iowa and in 306.10 of the Code of Iowa (2009), to vacate portions of the public right of way. 2. The City of Ames, Iowa, is the apparent owner of and governing body responsible for certain rights-of-way a part of East Lincoln Way, hereinafter called "Vacation Tract," and legally de- scribed as: the 10 feet south of and adjacent to Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, and 10 of Frie- drich's Commercial Addition,Ames,Iowa. 3. A part of the Vacation Tract was abandoned by the Iowa State Highway Commission by a"Reso- lution of Abandonment"dated April 28, 1972, filed May 3, 1972,and recorded in the office of the Story County Recorder in Book 188 at Page 333. The Vacation Tract was included in a dedication to the City of Ames by R. Friedrich and Sons,Inc., as a part of East Lincoln Way with the subdi- vision plat of Friedrich's Commercial Addition dated August 11, 1969, filed August 11, 1969,and recorded in the office of the Story County Recorder in Book 140 at Page 200. 4. The owner of the adjacent land,Lots 1,2,3,4, 5, 6, 7, 8,9,and 10 of Friedrich's Commercial Ad- dition,Ames,Iowa, (hereinafter called"Adjacent Tract")is R. Friedrich and Sons,Inc.,which has made a request for the vacation and sale of the Vacation Tract. The Adjacent Tract is generally at 605 to 729 East Lincoln Way, and includes Story County Parcel Numbers 09-02-478-060, 09-02- 478-050,and 09-02-478-040. 5. R. Friedrich and Sons, Inc., asserts that it has used and occupied the Vacation Tract for parking and driveway purposes associated with the Adjacent Tract since the construction of buildings and appurtenances on the adjacent lots in 1972. 6. In June 2008, a part of the Vacation Tract was included as a part of Parcel A in Section 2,Town- ship 83 North, Range 24 West of the 5th P.M, recorded in the Office of the Recorder of Story County,Iowa on Slide 333 at Page 4. 7. The City Council believes that said rights-of-way may serve no use to the public now or for the foreseeable future as street right-of-way. The City's interest in maintaining utilities over, under, and upon the Vacation Tract can be adequately preserved by the reservation of an easement for such purposes. 8. Sections 306.11, 306.12, and 306.13 of the Iowa Code prescribe various requirements relating to the publication of notice and hearing required before the Council may take action by ordinance to vacate public rights-of-way. 9. The Council will conduct a hearing on vacating and closing of the above described rights-of-way at the regular meeting of the Council on the 23rd day of February,2010, at the meeting beginning at seven o'clock P.M., in the Council Chambers at City Hall. The hearing will be con-ducted in accordance with sections 306.11 and 306.12 of the Code of Iowa. Any interested person may ap- pear and be heard concerning the proposal. Pursuant to section 306.14 of the Code of Iowa, any person having a claim for damages for the vacation and closure of said right of way shall file in writing a claim for damages in the office of the City Clerk on or before the scheduled time for hearing or thereafter be forever barred. FJFN20200220130258 Pasley & Singer Law Firm, L.L.P. Ames, Iowa 10. The City Clerk is hereby authorized and directed to cause notice of the hearing to be published in the legal newspaper not less than four nor more than twenty days prior to the date of hearing. 11. The City Clerk is further authorized and directed to notify by certified mail all adjoining property owners, all utility companies whose facilities adjoin the road right of way or are on the road right- of-way. State or county lands are not affected. 12. The City Council finds this resolution appropriate and necessary to protect,preserve,and improve the rights,privileges,property,peace,safety,health,welfare,comfort,and convenience of the City of Ames and its citizens,all as provided for in and permitted by section 364.1 of the Code of Iowa. 13. All other resolutions or parts of resolutions in conflict with this resolution are hereby repealed. If any part of this resolution is adjudged invalid or unconstitutional, such adjudication shall not af- fect the validity of the resolution or action of the City Council as a whole or any part thereof not adjudged invalid or unconstitutional. This resolution shall be in full force and effect from and af- ter the date of its approval as provided by law. APPROVAL: In accordance with Iowa Code section 380.5, the undersigned approves the foregoing as finally enacted on the 9th day of February,2010,by the City Council. In Witness Whereof,I affix my signature on the Asow W ' 9th day of February,2010: ANN H.CAMPBELL,Mayor Attested and Sealed with the seal of the City of Ames,Iowa on the date aforesaid by: / I AFFIX SEAL HERE: DIANE R.VOSS,Clerk FJFN20200220130258 Pasley & Singer Law Firm, L.L.P. Ames, Iowa RESOLUTIONSETTINGHEARINGON VACATION OFR7GHT--OF-WAY Page 3 RECORD OF COUNCIL PROCEEDINGS FOR RESOLUTION NO. 10-051 The City Council of Ames,Iowa,met in regular session in the council chambers, City Hall,Ames, Iowa, at 7:00 P.M., on the 9th day of February, 2010,with the Mayor presiding and the following Council Members present and absent: Present: Davis,Goodman,Larson,Mahayni,Orazem,Wacha Absent: None Council Member Mahayni introduced the resolution and moved its adoption. Council Member Davis seconded the motion to adopt. The Mayor called for a vote upon the question of the approval of the motion. The Council Members voted as follows: Yes: Davis,Goodman,Larson,Mahayni,Orazem,Wacha No: None Not voting: None The Mayor declared the resolution adopted. Note:The Clerk's Certificate is used to authenticate a duplicate of the original.The Clerk should not sign the certificate on the original document. The Clerk should keep the original document and record of proceedings on file in the City's permanent records at all times.The Clerk should complete the following on the duplicate when necessary to provide a"certified copy"of the original. CLERK'S CERTIFICATE: I, the undersigned, the duly appointed, qualified, and acting City Clerk of the City of Ames,Iowa, do hereby certify: that I have custody of the records of the City of Ames; that the foregoing Resolution No. 10-051 is a true and exact copy of said resolution as filed and recorded in my office;that said resolution was duly passed by the City Council,and approved as shown by the attached Record of Action. In Witness Whereof,I have affixed my signature and the seal of the City of Ames, Iowa on this 9th day of February,2010: [Seal] Clerk FJFN20200220130258 Pasley & Singer Law Firm, L.L.P. Ames, Iowa