HomeMy WebLinkAbout~Master - Proposal to vacate storm water retention easement in Patio Homes West Subdivision 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. 15-054
RESOLUTION SETTING DATE OF PUBLIC HEARING FOR
VACATION OF STORM WATER RETENTION EASEMENT
IN A PORTION OF PATIO HOMES WEST SUBDIVISION
FOR THE CITY OF AMES,IOWA
WHEREAS, the property owners of 1515 Indiana Avenue contacted City staff regarding their
desire to construct a three-season porch to the rear of their home; and,
WHEREAS,staff relayed to the owners that due to the restrictions of a water retention easement
on the property, staff could not approve the structure, because it would be built within this easement
area; and,
WHEREAS,the existing water retention easement area was established in 1980 as a part of the
restrictive covenants of the Patio Homes West Association, Inc.; and,
WHEREAS, City staff has received an evaluation final report from the engineering firm of
Clapsaddle-Garber Associates(CGA),analyzing the hydraulics of the area,and has determined that the
existing easement area may be reduced; and,
WHEREAS,the report also recommends that a minimum protective elevation,three feet above
the 100-year ponding elevation,be established to protect new openings,such as window wells,on future
dwellings/additions; and,
WHEREAS,taking into consideration the final analysis,it is proposed that the report be accepted
by the Council to vacate all of the areas of the existing water retention easement, which affects 17
properties; 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 storm water retention easement and establishing a public hearing date
regarding the proposal is required.
2. The public hearing shall be held on February 24, 2015, at 7:00 p.m. regarding the
proposal to consider vacation of the City's interest in a storm water retention easement
at the following properties: 1413 Indiana Avenue, 1417 Indiana Avenue, 1421 Indiana
Avenue, 1425 Indiana Avenue, 1503 Indiana Avenue, 1507 Indiana Avenue, 1511
Indiana Avenue, 1515 Indiana Avenue, 1519 Indiana Avenue, 1406 Kentucky Avenue,
1414 Kentucky Avenue, 1418 Kentucky Avenue, 1428 Kentucky Avenue, 1504
Kentucky Avenue, 1508 Kentucky Avenue, 1512 Kentucky Avenue,and 1520 Kentucky
Avenue.
3. The City Clerk is hereby directed to provide notice of the public hearing as required by
Iowa Code Section 362.3.
ADOPTED THIS 27`h day of January, 2015.
_ ` 11& A.
Diane R. Voss, City Clerk Ann H. Campbell, Mayor
Introduced by: Gartin
Seconded by: Orazem
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.