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HomeMy WebLinkAbout~Master - Set date of public hearing on vacating storm water easement at 301, 303, 305, and 321 South 5th Street DO NOT WRITE IN THE SPACE ABOVE THIS LINE,RESERVED FOR RECORDER Prepared by:Judy K.Parks,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. 15-033 RESOLUTION SETTING DATE OF PUBLIC HEARING FOR VACATION OF STORM WATER EASEMENT AT 301, 303, 305,AND 321 SOUTH 5TH STREET FOR THE CITY OF AMES,IOWA WHEREAS, the property owner of 301, 303, 305, 321, and 407 South 5t' 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 5t' 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, 1 st 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 ofthe 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 5th 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. ADOPTED THIS 27th day of January, 2015. !,, . �w A. Diane R. Voss, City Clerk Ann H. Campbell, Mayor Introduced by: Betcher Seconded by: Goodman Voting aye: 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.