HomeMy WebLinkAboutA005 - Resolution No. 15-033 adopted January 27, 2015 'Instrument:2015- 00001219
'N Date:Feb 1712015 02:03:59P
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Filed for record in Story Count9i Iowa
Stacie L. Herridse? County Recorder
DO NOT WRITE IN THE SPACE ABOVE THIS LINE,RESERVED FOR RECORDER
Prepared�y:_J.udy .Parks,City Attorney,515 Clark Avenue,Ames,IA 50010 Phone:515-239-5146
R'et& to Ames City Clerk P.O.Box 811,Ames,IA 500.10 Phone:515-239-5105
RESOLUTION NO. 15-033
RESOLUTION SETTING DATE OF PUBLIC HEARING FOR
VACATION OF STORM WATER EASEMENT
AT 301, 303, 305, AND 321 SOUTH 5TB STREET
FOR THE CITY OF AMES,IOWA
WHEREAS, the property owner of 301, 303, 305, 321, and 407 South 51h Street and 420-428
South Walnut Avenue is in the process of selling those properties; and,
WHEREAS,during the title opinion search,it was discovered that there are easements over the
properties at 301, 305, 307 and 321 South 51h Street(Lots 2 and 3 of Lindholm's Subdivision); and,
WHEREAS,the first easement is"to construct,reconstruct,operate and maintain a storm sewer
outlet," and the second is "to construct,reconstruct, operate, open and forever maintain an open ditch
from said old creek channel to Squaw Creek; and,
WHEREAS, these existing easements have impeded the sale of these properties, since the
easements encompass the entirety of the parcels; and,
WHEREAS, staff has been unable to find any evidence that these easements were ever vacated,
even though there has been significant development in the area since their creation in 1929; and,
WHEREAS, a map shows the storm sewer infrastructure for the area to provide drainage from
the south end of Kellogg Avenue in Corieri's Subdivision, Pt Addition, and this storm sewer line is in
an existing easement that was established with the subdivision, and it adequately covers the City's
interest for the storm sewer; and,
WHEREAS, staff has determined that the easements over Lots 2 and 3 are no longer needed,
since there is no longer an open ditch from the south end of Kellogg Avenue to Squaw Creek; and,
WHEREAS,vacating that portion of the easements would allow the sale of the properties to take
place, and the remaining areas (affected properties that were not part of this request) could also be
vacated and new easements established over the existing storm sewer pipes, should the Council direct
staff to do so; 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:
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 storm sewer easement at 301, 305, 307, and 321 South 51h Street shall be held on
February 10, 2015, 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.
OPTED THIS 271h day of January, 2015.
.Y A
Diane R. Voss, City Clerk ,.; Ann H. Campbell, Mayor.
°v, t
' introduced by Betcher
tr'Seconded b� Goodman
Voting aye: ..x;; Betcher, Corrieri, Gartin, Goodman,Nelson, Orazem
Voting nay: "' '$ None Absent: None
Resolution declared adopted and signed by the Mayor this 271h day of January, 2015.