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Home My WebLink AboutA017 - Council Action Form dated April 28, 2020 - vacation of easement at 2500 SE 16th Street ITEM # 11 DATE: 04-28-20 COUNCIL ACTION FORM SUBJECT: VACATION OF AN INGRESS-EGRESS EASEMENT AT 2500 SE 16TH STREET BACKGROUND: City of Ames staff has received a letter (see Attachment A) by James Bergkamp Jr., who represents Van Wall Equipment Inc., the current owners of the property at 2500 SE 16th Street. As stated in the letter, Van Wall Equipment wishes to purchase the adjacent property at 2400 SE 16th Street (former Amoco site) and combine both lots for future development. In order to facilitate the sale and development of these lots, the letter contains two (2) requests. Request #1 involves the vacation and conveyance of City right-of-way (ROW) generally located south of 2400 SE 16th Street. However, because Van Wall does not yet own that property, that request cannot be addressed at this time. The most critical request for Van Wall (#2 in the letter) is for the vacation of an existing ingress-egress easement across their property at 2500 SE 16th Street(see Attachment B). This easement (see Attachment C) was granted to the City in 1987 to provide access from S Dayton Ave to 2600 SE 16th St (Econo Lodge Hotel). At the time, SE 16t' St was gravel, and this provided paved access for their guests. SE 16th St is now paved, and Econo Lodge has full access from their driveway on SE 16th Street. Staff contacted the Econo Lodge and received concurrence for this easement vacation from the property owner's representative in this matter. Therefore, with the consent of the owners of both impacted properties, the vacation of this easement is recommended to be approved. ALTERNATIVES: 1 . Set the date of public hearing as May 12, 2020 for the vacation of the ingress-egress easement at 2500 SE 16th Street. 2. Reconsider the vacation of the ingress-egress easement at 2500 SE 16th Street. MANAGER'S RECOMMENDED ACTION: With approval from the property owners at 2500 (Van Wall) and 2600 SE 16th St (Econo Lodge), the existing ingress-egress easement across 2500 SE 16th Street can be vacated. There is no longer a reason for the City to retain this easement. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1, as noted above. ATTACHMENT A BERGKAINIP, HEMPHILL & MCCLURE, P.C. ATTORNEYS 218 SOUTH NINTH STREET- POST OFFICE Box 8 ADEL IOWA 50003 JAMEs L. BERG KXNI P—J R, TELEPHONE: 515-993-1000 .NMATTHEW J. HEMPHILL FACSIMILE: 515-993-3746 K RA L. -NNICCLURE-'r EMAIL: 3\.N[;EBERCjKA\IP,i(,-\DELLA%\'.('()\I *Cerfified ,Nlediator February 13, 2020 VIA ENIAIL AND ORDINARY MAIL City of Ames c/o Nathan Willey, Civil Engineer 11 Public Works Department 515 Clark, Avenue Ames., IA 50010 nwIllevi(tcitv.arnes.ia.us Re: 2400 and 2500 SE 16'h St., Ames, Iowa Dear Mr. Willey: I represent Van Wall Equipment, Inc. (Van Wall). Van �k`all owns the property locally known as 2500 SE 16' St., Ames, Iowa. It Is a bare lot between a former BP Amoco gas station and a currently operating hotel (tile -Bare Lot-). The former BP Amoco gas station is located at 2400 SE 1611, St.(the *'Amoco Lot-). Van Wall has entered into a contract to potentially purchase the Amoco Lot. Van Wall desires to clean LIP and Combine the Bare Lot and Amoco Lot for future development as a restaurant or other business. A GIS map is attached for reference. In order for Van Wall to undertake the purchase. \,an Wall is seeking certain as-yreernents from the city or Ames. 1. Land Swap. a. A conveyance of fee title of the approximate 13),926.5 square feet adjacent to the south line of the Amoco Lot to Van Walt. b. In exchange, Van Wall will: I. convey fee title of the approximate 2.100 northern square feet of the Amoco Lot to the City. ii. grant the City a landscape easement upon a sufficient portion of the 13,926.5 square feet to maintain decorative lights that the City could extend into the east portion of the 13,926.5 square feet. iii. grant the City a storm water easement upon the 13,926.5 square feet. iv. grant the City an approximate 5 ft. x 5 ft. easement for the maintenance of a power pole near the northwest comer of the Amoco Lot. I Extinguishment of Easement. a, The extinguishment of an old ingress-egress easement conveyed by the owners of the Bare Lot to the City of Arnes, which easement is dated February 3, 1987 and was recorded on May 28. 1987 in Book 251 at Page 264 (the *'Abandoned Easement—). The Abandoned Easement is located on the Bare Lot and extends from the southwest corner of the Bare Lot diagonally to the east side of the Bare Lot and is shown on the GIS map is attached for reference. More specific items with regard to storm water detention and possible relocation of utilities can be determined at a later time when a site plan is presented to the City. At this time,please submit these requests to the City Council with the appropriate readings so that a public hearing can be scheduled as soon as one can be scheduled. Thank you. Sincerely, L. Bergkamp,Jr. JLB:bjk Enclosure lu: o U a E E � E E Yap' a � w _ CE E Ai Attachment B s, >. 4i4 I F p.. rt A� °"� SE 16THSP . 2400 SE 16th St ' = 2600 SE 16th Sty, 2500 5E 16th St Van Wall propert a xx . i O d ' ✓` v Z � f v x � In ress-E ress Easement Pro osed to be Vacated t r. s a � r .A Iowa DOT ROW a � x Map of 2500&2600 SE 16th Street: 1 inch = 100 feet Proposed Ingress-Egress Easement Vacation NORTH Date:4/17/2020 ATTACHMENT C FEE F INGRESS-EGRESS EASEMENT In consideration of the mutual promises, the undersigned owners do hereby grant unto the City of Ames, Iowa, a municipal corporation, a perpetual ingress-egress easement across real estate described as : See attached Exhibit "A". Dated this day of February, 1987. i 3P, P r,iirn;e r7 ° �� b se M. dinar 1 r � &- 7.1� ''•t ( jAAy a 1987 PhA Wan M—n r-'d k , Deputy oss D. Christensen 14 f C Patricia A. Christensen STATE OF,`IOWA ) UNTY OFa�cc ._ c a ) ss. CO On this~L � day of February, 1987, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Joseph M. Minard and Wanda K. Minard, husband and wife, to me known to be the identical persons named in and who executed the within and foregoing instrument, and acknowledged that they executed the same as their voluntary act and deed. Notary, Pudic in and for the State of Iowa trt �STAT � f =FOWA ) C%4N 'QF BLACK HAWK ) ss. On this day of February, 1987, before me, the undersigned, a l id y Public in and for the State of Iowa, personally appeared Ross D. Christensen and Patricia A. Christensen, husband and wife, to me known to be the identical persons named in and who executed the within and foregoing instrument, and acknowledged that they executed the same as their voluntary act and deed. I, NotarywPub 'c in and for the State of Iowa F PAGE � ^'! EXHIBIT "A" MINARD 'S PLAT NO. 1 ,A MES, IOWA INGRESS-EGRESS EASEMENT A part of the North 1/2 of the NW Frac. 1/4 of Section 18-83-23, Ames, Z Story County, Iowa, described as follows: Commencing at the Northwest corner of the NW Frac. 1/4 of said Section 18; thence N. 89- 15 ' 55" E. along the North line of said NW Frac. 1/4 a distance of 350. 00 feet; thence S. 01- 44 ' 2S" E. a distance of 257.61 feet; thence N. 85- 10 ' 00" E. a distance of 13. 26 feet; thence S. 04- 50 ' 00" E. a distance of 12. 50 feet to the point of beginning; thence N. 85- 10 ' (Do " E. a distance of S. 05 feet; thence N. 45- 09 ' 38" E. a distance of 161 . 79 feet; thence N. 69- 15 * E511 E, a distance of 21 .09 feet; thence S. 00- 44 ' 05" E. a distance of 25. 00� feet; thence S. S9- 15 ' 55" W. a of 11 .7�1 feet; thence S. 45- 09 ' 38" W. a distance of 159.47 feet; thence S. 85,1 to ' 00" W. a distance of 17. 83 feet; thence N. 04- 50 ' 00" W. a distance of 215.00 feet to the point of beginning. BOOK_�PAGE �Or p to iM ;� m ®QrD u CN GI `.. rb z N' "w: 2635 SE 161h St—Stormwater retention easement legal description: That part of the South 1/2 of the Southwest 1/4 of Section 7,Township 83 North, Range 23 West, lying West of Interstate 35, except the West 580 feet and South 40 feet thereof. 2500 SE 16th St—Ingress-Egress easement legal description: A part of the North 1/2 of the NW Frac. 1/4 of Section 18-83-23, Ames, Story County, Iowa, described as follows: Commencing at the Northwest corner of the NW Frac. 1/4 of said Section 18; thence N. 89° 15' 55" E. along the North line of said NW Frac. 1/4 a distance of 350.00 feet; thence S. 01'44' 28" E. a distance of 257.61 feet; thence N. 85° 10' 00" E. a distance of 18.26 feet; thence S. 04' 50' 00" E. a distance of 12.50 feet to the point of beginning; thence N. 85' 10' 00" E. a distance of 8.05 feet; thence N. 45'09' 38" E. a distance of 161.39 feet; thence N. 89' 15' 55" E. a distance of 21.09 feet; thence S. 00°44 ' 05" E. a distance of 25.00 feet; thence S. 89° 15' 55" W. a distance of 11.31 feet; thence S. 45' 09' 38" W. a distance of 159.47 feet; thence S. 85' 10' 00" W. a distance of 17.83 feet; thence N. 04' 50' 00" W. a distance of 25.00 feet to the point of beginning.