HomeMy WebLinkAboutA017 - Council Action Form dated April 28, 2020 - vacation of stormwater retention easement ITEM # 12
DATE: 04-28-20
COUNCIL ACTION FORM
SUBJECT: VACATION OF A STORMWATER RETENTION EASEMENT ACROSS
PORTIONS OF DAYTON PARK SUBDIVISION
BACKGROUND:
In 1997, as part of the 2"d Addition to the Dayton Park Subdivision, a storm sewer, surface
water flowage, and surface water storage and retention easement was established over all
of what was then referred to as "Outlot X" (17.11 acres). The intent of this stormwater
easement was to replace a larger stormwater retention easement that was first established
in 1980 and then revised in 1994 before Dayton Park Subdivision was platted and
developed.
With the development of the lots within Dayton Park Subdivision, the 1980/1994 stormwater
easement has -since"become an unnecessary encumbrance to developers. A potential
developer of 2635 SE 16t" Street has requested for this easement to be vacated.
Therefore, since the stormwater retention area has been re-established with the 1997
easement with Dayton Park Subdivision, the 1980/1994 stormwater retention easement can
be vacated. This easement was granted solely to the City of Ames, thus there are no other
users of this easement.
Attachment A is a map showing the location of the existing 1980/1994 stormwater retention
easement proposed to be vacated and the existing Dayton Park Subdivision 2nd Addition
easement which is to remain.
ALTERNATIVES:
1 . Set the date of public hearing as May 12, 2020 to approve the vacation of the
aforementioned easement.
2. Reconsider the vacation of the aforementioned easement.
MANAGER'S RECOMMENDED ACTION:
The 1980/1994 stormwater easement can be vacated because the stormwater retention
area was re-established with the final plat of the 2nd Addition to the Dayton Park Subdivision.
Therefore, it is the recommendation of the City Manager that the City Council adopt
Alternative No. 1, as noted above.
GRoVELI� ATTACHMENT A
ATTCIR
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EXISTING STORM WATER
PROPOSED
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LOCATION MAP:
- 1 inch=300 feet
lk Dayton Park Subdivision NORTH Date:4/21/2020
Proposed storm water retention easement vacation
2635 SE 16" 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.