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HomeMy WebLinkAboutA009 - Resolution No. 13-196 adopted May 14, 2013 Instrument:2013- 00006394 M Date:Jun 054013 11:22:45A D Rec Fee: 10.00 E-Coe Fee: 1.00 G Aud Fee: .00 Trans Tax: .00 Rec Management Fee: 1.00 Non-Standard Page Fee: .00 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: ' r a � 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. �\ 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. G 2_