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Home My WebLink AboutA012 - Resolution No. 13-240 adopted May 28, 2013 Instrumt:2013- 00006396 Date itin 051 3 11:23:16A D Rec Fee: 20 .00 E-Cor Fee: 1.� 6 pud Fee: •00 Trans Tax: .00 Rec Hanagese►t Fee: 1.00.40 Non-Standard Fase Fee: Filed for record in Story Camtyt lowa Susan L. ftde Kahn► County Recorder DO NOT WRITE IN THE SPACE ABOVE THIS LINE,RESERVED FOR RECORDER Prepared by:Judy K.Parks,Ames Acting City Attorney,515 Clark Avenue,Ames,IA 50010 Phone:515-239-5146 Return to:Ames City Clerk,P.O.Box 811,Ames,IA 50010 Phone:515-239-5105 RESOLUTION NO. 13-240 RESOLUTION APPROVING VACATION OF PUBLIC UTILITY EASEMENT AT 4121 APLIN ROAD FOR THE CITY OF AMES, IOWA WHEREAS,in fall of 2012, City staff was contacted by property owners Chris and Dianna Sheldon at 4121 Aplin Road regarding the proposed construction of a garage on the property;and, WHEREAS, the property had a 10-foot public utility easement along the center of the property that runs east/west through the property, and this limited the size, location, or even the ability to construct a new garage; and, WHEREAS,the City has contacted all registered right-of-way users to determine the extent of the utilities in the immediate area and has received responses from all users; and, WHEREAS,Mediacom was the only utility within the current easement, and 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 to the property owner; and, WHEREAS,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; and, WHEREAS,the garage has been constructed and Mediacom has relocated to the new five- foot easement location. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF AMES, IOWA, THAT: 1. Pursuant to Iowa Code Section 364.7,publication of notice regarding the proposed vacation of a public utility easement and establishing a public hearing date regarding the proposal has been made. 2. The public hearing regarding the disposition of the property is hereby closed. r 3. The easement across the following described land is hereby vacated: Parcel A, the North 10.00 Feet of Lot 2, Cochrane's First Addition to the City of Ames, Story County, Iowa, except the West 5.00 Feet thereof. (See attached Plat of Survey marked and made a part hereof.) 4. The easement across the following described land is hereby accepted: 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 square feet. ADOPTED THIS 28"'day of May, 2013. lU� ? A �)AAA; ceLL� P4 g,R. Voss„ City Clerk Ann H. Campbell, May Introduced by: Davis Seconded by: Wacha Voting aye: Davis, Goodman, Larson, Orazem, Szopinski, Wacha Voting nay: None Absent: None Resolution declared adopted and signed by the Mayor this 281"day of May, 2013. Instrueent:2011-00009566 Oat.-M 0312011 011441�' 1.00 Rec Fee: 5.00 E-Coe Fee: Aud Fee: .00 mans Tax: Rec Ilaoagaeent Fees 1.00'00 VAM-Standard Page Fee: Filed S�for L Yande IKavi�Coun�Recorder Im SLIDE W� 5 PAGE 5 / R. BRADLEY STUMBO P.O. BOX 1654 AMES. IOWA 50010 515-233-3689 PLAT OF SURVEY NW CORNER Rec. at 5ee'28'E LOTC5 LOT 0 Se9'28'43'E 109.73' SB9.28'43'E 999128'43'E - - - - - - - - - - - - - - - - - -�X.5-oP'- - - - - -64'05'- -I • - FOUND 5/0' PIPE EASEMEN iC i �$ FOUND 0/B' REBAR . O SET S(2' REBAR N/ YELL CAP #17161 W 1 LO1 5 :` N. 55.00' E. 64.05' I m PROPRIETOR& ,m. OF E. 529.05' Co CHRIS A. AND P OF LOT 5 $ OF LOT 6 DIANNA L. SHELDON I CHRIBYSNELDONTEO BY: $ NE CORNER NW CORNER s LOT 2 I LOT 2 55.00_ 64.05_ N9p:00'00'M N90'00'DO'N - - - - - - - - -40' PUBLIC- - -NE CORNER g UTILITY �` LOT 1 - FOlR�7IS S' EASEMENT ae B/B' REBM po g 8 0.11' N. i I, PARCEL. A 0.i2' E. OF X<8 1230S.Be SO FT S W LOT CORNER i w� 0.29 ACRES n w LOT 4 LOT 3 $e $ I A o LOT 1 I P Q c LOT.2 g I I 65.00, 64.20' I N 00'00'w 85.OD. NOD .00,00N 123.00' N90'00'00'N N90'00 0 OR 11ER sw CORNER LOTC2R LOTC7 0 LDTCO�R LOT 2 APLIN ROAD 11501 ^ ,o , rn Q Survey Description - Parcel A: Lot 2 end the Neat 55 Fast of the East 129.05 Feet of Lot 5 in Cochrane's particularlyode to scribedCasyfollows Beoppinninugnat'thewSouthaaetcnrner w of said Lot 2; thence N90'00'00'N. 65.00 feet to the Southwest Corner H of said Lot 2; thence N00'03'09'N, 99.97 feet to the Northwest Corner w of said Lot 2' thence 1400'08'18'N, 89.63 feet to a point on the north c line of said Lot 5; thence S89'28'43'E 65.00 feet along said north line: thence 500.OB'SB'E, 89:07 feet to the Northeast Corner of eaid Lot 2 m thence Soo 03'09'E, 99.97 feet to the Point of Beginning, containing !4 p 0.28 acres. c fX Th e C Council approved this Plat of Survey on rp 2013. with Resciution Number c r a to all conditions of ap rova . N a n ng ng re r GRAPHIC SCALE V-50' 9w CORNER LOT 13 0 50 i00 150 Certification: I hereby certify that this land surveying 0LEY document was prepared and the related survey work was performed sT 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 o 1701 i Date: 9/3��i1 Bradley um Lite Age i 6110111114 I My license cane 1 date is December 31. 2013 FieldworkeCompleted: Date:/ /1!/07/11 Papa 1 Of S P9 3 R. BRAOLEY 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 SB9'28'43"E 159.73' S89'28'43"E 65.00' SB9'28'43'E 64.05' 5' PUBLIC UTILITY EASEMENT I I to h I m m I m I m I w LOS 5 ; E. 64.05' I OF LOT 5 I co io d '° mo I m - FOUND 3/4" PIPE 9 - FOUND 5/8" REBAR o I voi - YELLOW CAPET 12* EBA#17161 Z I I NI I NE CORNER NW CORNER I LOT 3 LOT ] 10' PUBLIC UTILITY EASEMENT I 10'-PUBLIC UTILITY EASEMENT - - - - - - - - - - - - I 5.00' PARCEL A SLIDE 415. PAGE 5 I n m I 01 rn 01 I rn rn W I co = w I w va LOT 1 m LOT 3 0 0 m co I o O o I o 0 0 Z N I En I I I 4l21 APLIN R0. I N90"00'00"W 123.00" N90'00'00"W 65.00' N9000001 64.20' SW CORNER SE CORNER SE CORNER SW CORNER PARCEL A PARCEL A LOT 1 LOT 4 APLIN ROAD (60') Survey Description - Public Utility Easement: The West 5.00 Feet of the North 99.6i Feet, except the North 5.00 feet thereof, oof Parcel n OctoberA3.f the n2011 i Slidet of Survey 4 0, Pageed in the 5. containingy Cont473u1Bysq. ft. office PROPRIETORS: GRAPHIC SCALE 1"=30' CHRIS A. AND DIANNA L. SHELDON SURVEY REQUESTED BY: 0 30 6O 9� CHRIS SHELDON Certification: I hereby certify that this land surveying document was prepared and the related survey work was performed P01 Goo dulyeloicensedrLanddirect Surveyorrunder tnal heelawslof the State tha lofmIowa. 0 �ZCENS D N W F I Date: 17161 R. Brad ey Stumbo License #1 16l My license renewal date is December 31. 2011 Job #1637BEASE Date: 5/08/12 Page 1 of I