HomeMy WebLinkAbout~Master - Vacation of utility easements at Green Hills Community CITY OF AMES, IOWA
RESOLUTION NO. 11 -1 7.9
Containing a proposal for the disposition of the cty's interest in
easements upon certain real property locally described as Green Hills
Community ofAmes and scheduling a public hearing on such proposal
BE IT RESOLVED by the City Council of Ames,Iowa:
1. The City Council has authority, as described in article Ill, section 38A of the Constitution of the
State of Iowa and in 364.7 of the Code of Iowa(2011),to hold or dispose of real property.
2. Green Hills Residents' Association and Green Hills Health Care Center, Inc. (collectively herein
called "Owner"), is the owner of certain Real Property located in parts of Gateway-Green Hills
Subdivision and of Gateway-Green Hills Subdivision Second Addition all in the City of Ames,
Iowa.
3. The City of Ames holds an interest in numerous easements for public utilities located over,under,
and across various parts of the Real Property,including specifically the following:
3.1. A part of the water main easement filed June 5, 1987 as Instrument No. 87-10317 in
Book 252 on Page 84 legally described as: 7.5 feet each side of a line particularly
described as follows: commencing at the NE corner of the SE %4 of Section 16,T83N,
R24W and running thence S 00'01' 40" E 400.0 feet;thence N 890 29' 55"W 1,413.22
feet;thence N 603 feet; thence E 10.0 feet to the point of beginning. Thence N 69° 01'
30"W 192.8 feet.
3.2. All of the water main easement filed January 17, 1997 as Instrument No.97-00528 and as
legally described therein.
3.3. All of the storm sewer easement Fled January 17, 1997 as Instrument No.97-00527 and
as legally described therein.
3.4. All of the Storm Water Detention Basin Easement filed January 17, 1997 as Instrument
No.97-00527.
3.5. All of the storm sewer easement filed January 17, 1997 as Instrument No 97-00529 and
as legally described therein.
3.6. All of the storm sewer easement filed on January 17, 1997 as Instrument No. 97-00530
and as legally described therein.
4. The Owner proposes to file a "Plat of Survey" of certain lands which include the described
easements. In conjunction with the proposed plat of survey, the Owner proposes to update and
clarify the public records relating to the City's easements by (a) vacating the existing easements
described above and (b) granting new easements consistent with the existing public utility uses
located upon the Real Property. The owner further proposes to pay the city's ordinary expenses of
publication and recording.
5. The City Council deems it advisable to dispose of said real property and proposes to dispose of
said real property by selling it to Green Hills Residents' Association and Green Hills Health Care
Center, Inc.,all in accordance with terms of the proposal described herein above.
6. The proposed disposition of the real property shall be further considered at a public hearing before
the Ames City Council at a meetin�to be held in the Council Chambers in City Hall commencing
at 7:00 P.M. on the o day of April ,2011, at which time parties in
interest and citizens shall have an opportunity to be heard in regard to said proposal.Notice of said
public hearing shall be published in accordance with section 362.3 of the Code of Iowa.
Following said public hearing the City Council may approve or disapprove the proposal and
authorize the City's quit-claim in conveyance of the easements.over the real property upon receipt
of the purchase price.
RECORD OF COUNCIL PROCEEDINGS FOR RESOLUTION NO. 11_1 7
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 day of , 2011, with the Mayor presiding and the
following Council Members present and absent:
Present: Davis, Goodman, Larson, Mahayni, Orazem, .Wacha
Absent: - None
Council Member nayj g introduced the resolution and moved its adoption. Council
Member Mahayrii 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,iVddhA
No: None
Not voting: None
The Mayor declared the resolution adopted.
CLERK'S CERTIFICATE: 1, 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. 11-175 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, 1 have affixed my signature and the sea]of the City of Ames, Iowa on this
19 day of April ,2011
DIANE R.VOSS,City Clerk
7. 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.
8. 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
affect 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
after 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 19 day of April ,2011,by the City Council.
In Witness Whereof,I affix my signature on the
19 day of April ,2011:
ANN H.CAMPBELL,Ma r
Attested and Sealed with the seal of the City of
Ames,Iowa on the date aforesaid by: (::��
.
DIANE R.VOSS,City Clerk