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Home My WebLink AboutA011 - Council Action Form dated May 28, 2013 ITEM # 16 DATE: 05-14-13 COUNCIL ACTION FORM SUBJECT: PUBLIC UTILITY EASEMENT VACATION — 4121 APLIN ROAD BACKGROUND: In fall 2012, Building Inspections and Public Works staffs were contacted by the property owner at 4121 Aplin Road regarding the proposed construction of a garage on the property. The property currently had a 10-foot public utility easement along the center of the property that runs east/west through the property. This limited the size, location or even the ability to construct the new garage. The property owner requested that the easement be vacated to accommodate the construction. Public Works staff contacted all registered right-of-way users to determine the extent of the utilities in the immediate area and has received responses back from all users. Mediacom was the only utility within the current easement. Based on this information it was determined that the existing easement could be vacated at a later date and Mediacom could relocate in a newly established easement at the cost of the property owner. Staff contacted the right-of-way users as to the proposed easement location for future use and all replied that this option would be acceptable. The garage has been constructed and Mediacom has relocated to the new easement location as shown. The attached easement plats and map provide more information on the affected area. ALTERNATIVES: 1. Approve the proposal to vacate the existing 10' easement at 4121 Aplin Road, set the date of public hearing for May 28, 2013, and accept the proposed 5' utility easement as shown on the attached documents. 2. Direct staff or the property owner to pursue other options. MANAGER'S RECOMMENDED ACTION: Both Building Inspections and Public Works staff communicated with the property owner regarding available options to make the property owner's plan to build a garage feasible. All utility companies are satisfied with the proposed location and size of the proposed easement. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1, thereby approving the vacation of the existing 10' easement at 4121 Aplin Road, setting the date of public hearing for May 28, 2013, and accepting the proposed 5' utility easement as shown in the attached documents. 4. "lli ' •�t� i y . I r New Easement Area k Easement Vacation Area rf l a y 'il t . s L 08 T83N R24W 4 \ry Ar - JP �I Geographic Information System(GIS)Product Disclaimer:City of Ames GIS map data does not replacer modify land surveys,deeds,a,d/,r other legal instruments defining land ownership&lend use nor does it replace field surveys of utilities or other features contained in the data.All features represented In this product should be field verified.This Product is provided"as is"without warranty or any representation of accuracy,timeliness or completeness.The burden for determining accuracy,completeness,timeliness,merchant,bl lity and fitness for or the appropriateness for use rests solely on the User. A 4121 Aplin Road Vk Easement Vacation and Scale: 1 in = 25 ft Establishment of New Easment NORTH Date: 5/2/2013 Instrusent:2011-- 0OW9566 Date=Dct 0312011 014413W 1.00 Rec Fee'. 5.00 E-Car Fee. .00Aud Feel .00 Trans Tax Rec tknasesent Feel 1•00 Hon-Standard Page Fee* .00 Filed for record in Stay Cpuntst Iowa j SLIDE PAGE Susan L. Vande Kara! County Recorder R. BRADLEY STUMBO P.O. BOX 1664 AMES. IOWA 50010 5 0-233-3689 PLAT OF SURVEY NW CORNER Rec, as SB9.28'E LOTC5 LOT 5 S89.28'43'E 159.73' SS9'28'43'E 889'28'43"E - - - - - - - - - - - - - - - - - - - ,/ -86�00•'-- - - 64.05'- - 1 • FOUND 3/4" PIPE SUTILITYC o I Win 6 FOUND 5/8" REBAR -EASEMENT I O _ SET // r YELLOii2CAP#17151 to 1 -8Ul 1 in 1,01 5 X W. 65.00' W E. 64.05' W PROPRIETORS• 6 OF E. 129.05' 6 16 CHRIS A. AND m OF LOT 5 OF LOT 5 I $ DIANNA L. SFELDON P P 1 O p CHRISYSHEELLDDOONNTED BY:NW CORNER OR 2 R , I� LOT 2 65.00' 64.05' mow'00'00"w . N90'00'DO'w - - - - - --40' PUBLIC - - NE CORNER c UTILITY ^ LOT i - FW EASEMENT o 5/8' REBARN1 O10 o o 0.11' N. & o PARS A o 0.12' E. OF 1 Ul 0 12308.58 SO FT w LOT CORNER 1 w LOT 4 LOT 3 c o 0.28 ACRES o i «o o g LOT i 1 p o cc LOT,2 a 1 p0o Z N I N¢ 65.00' 64.20' N '40'00"w �88.00' N90'00'00'w 123.00' N90'00'00'W N90'00'00"w W CORNER SW CORNER BE CORNER SE CORNER p LOT 4 LOT 2 LOT 2 LOT 1 .r APLIN FIDAD I601 w � i LM � V ai Survey Description - Parcel A: Lot 2 and the Nest 65 Feet of the East 129.05 Feet of Lot 5 in COchrane'e First Addition to the City of Ames, Story Count yy, Iowa, being more particularly described as follows; Be innin at the Southeast Corner y of said Lot 2: thence N90'00'00"W. 25. 0 fee to the Southwest Corner x of said Lot 2: thence N00'03'09"W, 99.97 feet to the Northwest Corner ~ of said Lot 2; thence N00.08'18"W, 89.66 feet to a point on the north w line of said Lot 5; thence S89026'43"E, 65.00 feet along said north line. '" thence S00908'18"E, 89.07 feet to the Northeast Corner of said Lot 2: -� thence S00903'09"E. 99.97 feet to the Point of Beginning, containing 0,28 acres. 0 0 Th A a C t Council approved this Plat of Survey on - I�� 2011, with Resolution Number ZZ__ c r thW Vrrfs s to all conditions of ap rova y a n n G ng re or GRAPHIC SCALE V-50' Sw CORNER LOT 13 0 50 100 150 Certification: I hereby certify that this land surveying pIrEY byCmeeor underrrmyadirectdpersonalasupervisionwand thatas pI amraed duly licensed Land Surveyor under the laws of the .State of Iowa. Q• o 17161 Date: ff.-Bradley Stumbd Lite6se fi 151 My license rene 1 date is December 31. 2011 Job #16378PS Date' 9/07/11 Page i of 1 Fieldwork Completed: 9/02/11 R. BRADLEY STUMBO P. O. BOX 1664 AMES, IOWA 50010 515-233-3689 PLAT OF EASEMENT NW CORNER NE CORNER NE CORNER NW CORNER PARCEL A PARCEL A LOT 5 LOT 5 S89'28'43"E 159.73' S89'28'43"E 65.00' S89'28'43"E 64.05' 5' PUBLIC UTILITY EASEMENT - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - co I I 1 I Lo H O 00 coc I co � I � I �0T 5 a W E. 64. 05' I W °!° NIr, OF LOT 5 I a) 0 o I o 0 • = FOUND 3/4" PIPE o D o I o 0 - FOUND 5/8" REBAR o " o 10 0 = SET 1/2' REBAR W/ z a) N I N YELLOW CAP #17161 I I NE CORNER in NW CORNER LOT 3 I LOT 1 10' PUBLIC UTILITY EASEMENT 10' PUBLIC UTILITY EASEMENT - - - - - - - - - - - - - - - - - - - - - - - - - 5.00' 1 PARCEL A SLIDE 415, PAGE 5 I I rn rn M I 01 rn rn I M g W ( W LOT 3 0 o LOT 1 I I co m o I 0 00 I 0 O O Z N I N I I I 4121 APLIN N90'00'00"W 123.00' N90'00'00"W 65.00' N90'00'00"W 64.20' SW CORNER SW CORNER SE CORNER SE CORNER LOT 4 PARCEL A PARCEL A LOT 1 APLIN ROAD (60') Survey Description - Public Utility Easement: The West 5.00 Feet of the North 99.61 Feet, except the North 5.00 feet thereof, of Parcel A of the Plat of Survey filed in the Story County Recorder's Office on October 3. 2011 in Slide 415. Page 5, containing 473. 18 sq. ft. PROPRIETORS: GRAPHIC SCALE 1 "=30 ' CHRIS A. AND DIANNA L. SHELDON SURVECHRISYSHELDONTED BY: 0 30 60 90 Certification: I hereby certify that this land surveying document was prepared and the related survey work was performed OLE S O 9,,, by me or under my direct personal supervision and that I am a duly licensed Land Surveyor under the laws of the State of Iowa. Q.• Z o D R M F L! Date: 17161 R. Bradley Stumbo License #17l6i M license renewal date is December 31. 2011 < 100 Q Y SUR�EyO Job #16378EASE Date: 5/08/12 Page 1 of 1