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HomeMy WebLinkAboutA005 - Resolution No. 13-142 adopted April 9, 2013 _ I Instruaent:2013- 10004756 N data:Apr 2932p13 01:56:54F D Rec Fee: 10.00 E-Com Fee: 1.00 G Aud Fee: .00 Trans Tax: 00 Rec Management Fee: 1,00 Non-Stundard Page Fee: .(10 Filed for record in Stor{ Counter Iowa Susan L. Vande Kamp► 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 cen RESOLUTION NO. 13-142 RESOLUTION SETTING DATE OF PUBLIC HEARING FOR VACATION OF UTILITY EASEMENT AT 4118 APLIN ROAD FOR THE CITY OF AMES,IOWA WHEREAS,the City of Ames has an electric facilities easement on property owned by Francis and Barbara Long at 4118 Aplin Road; and, WHEREAS,the property owners propose to construct a garage on the property,however,it has a 10-foot public utility easement along the south property line that limits the size and location of the new garage; and, WHEREAS,the property owners have requested that the easement be vacated to accommodate the construction; 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,there is only one known utility in this easement area,however,the utility is located within the southern five feet of the current easement; and, WHEREAS,this utility owner has stated that in order to accommodate the garage construction, the southern five feet of the existing easement will be sufficient for its utility; and, WHEREAS,pursuant to Iowa Code section 364.7,it is necessary to provide notice and public hearing regarding the proposal of the City to dispose of its interest in this real property; and, WHEREAS, following notice and public hearing, the City will determine if this proposal is appropriate. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF AMES, IOWA, THAT: A w 1. Pursuant to Iowa Code section 364.7, publication of notice regarding the proposed vacation of an electric facilities easement and establishing a public hearing date regarding the proposal is required. 2. The public hearing regarding the proposal to consider vacation of the City's interest in an electric facilities easement at 4118 Aplin Road shall be held on April 23, 2013, at 7:00 p.m. 3. The City Clerk is hereby directed to provide notice of the public hearing as required by Iowa Code section 362.3. ADOPTED THIS 9`h day of April, 2013. o Diane R. Voss, City Clerk Ann H. Campbell, Mayor 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 9th day of April, 2013. Poye,q