HomeMy WebLinkAboutA009 - Resolution No. 13-196 adopted May 14, 2013 Instrument:2013- 00006394
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Filed for record in Story County, 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 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. 13-196
RESOLUTION SETTING DATE OF PUBLIC HEARING FOR
VACATION OF 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; 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:
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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 is required.
2. The public hearing regarding the proposal to consider vacation of the City's interest in
a public utility easement at 4121 Aplin Road shall be held on May 28,2013,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 14th day of May, 2013.
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Diane R. Voss,City Clerk Ann H. Campbell, Mayor
Introduced by Davis
Seconded by:` Goodman
Voting aye: Davis, Goodman, Larson, Orazem, Szopinski, Wacha
Voting nay: None Absent: None
Resolution declared adopted and signed by the Mayor this 14`h day of May, 2013.
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