HomeMy WebLinkAboutA019 - Resolution No. 15-059 adopted February 10, 2015 r
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Filed for record in Story County► Iowa
Stacie L. Herridge► County Recorder
DO NOT WRITE IN THE SPACE ABOVE THIS LINE,RESERVED FOR RECORDER
Prepared by:City of Ames Legal Department,515 Clark Avenue,Ames,IA 50010 Phone:515-239-5146
Retu ro to:Ames City Clerk,P.O.Box 811,Ames,IA 50010 Phone:515-239-5105
RESOLUTION NO. 15-059
RESOLUTION PROPOSING VACATION OF A SURFACE WATER FLOWAGE
EASEMENT AND STORM SEWER EASEMENT LOCATED AT 5328 TABOR
DRIVE IN AMES, IOWA; SETTING DATE, TIME AND PLACE OF PUBLIC
HEARING THEREON AND DIRECTING PUBLICATION OF NOTICE
WHEREAS,the property owner of 5328 Tabor Drive spoke with City staff regarding an existing
20-foot surface water flowage easement and storm sewer easement in the rear of his property; and,
WHEREAS, the property owner had recently installed a fence and found it was against City
policy to allow construction of the fence in such a manner to enclose the portion of the property within
this easement; and,
WHEREAS,City staff advised the owner that an evaluation of the existing easement would be
required in order to consider abandoning a portion of the easement, and if abandonment could occur,
the property owner may be able to relocate the fence in order to utilize more of his backyard; and,
WHEREAS, such an evaluation was performed by an engineering firm contracted by the
property owner; and,
WHEREAS, the property owner's fence currently encroaches onto the existing easement by
approximately 3.5 feet,and the owner is requesting that the City consider an adjustment to the existing
easement on the property at 5328 Tabor Drive; and,
WHEREAS,staff has reviewed the engineer's report evaluating the easement area and is in
agreement to the owner's request.
WHEREAS, pursuant to Iowa Code section 364.12, the City Council has the authority,
following notice and hearing, to vacate easements.
THEREFORE,BE IT RESOLVED by the City Council for the City of Ames, Iowa:
A public hearing on the proposed vacation of a portion of a surface water flowage easement and
storm sewer easement as aforesaid shall be held as required by law to coincide with the City Council
meeting of February 24,2015,which will begin at 7:00 p.m. in the Ames City Hall, 515 Clark Avenue,
Ames, Iowa.
BE IT FURTHER RESOLVED that the City Clerk is directed to provide notice pursuant to
Iowa Code section 362.3.
ADOPTED THIS 10`h day of February, 2015.
Mane R. Voss, City Clerk Ann H. Campbell, Mayor
jntroJ&,ed by:.. - Nelson
Seconded by: Corrieri
Voting aye: Betcher, Corrieri, Gartin, Goodman,Nelson, Orazem
Voting nay: None Absent: None
Resolution declared adopted and signed by the Mayor this I Y' day of February, 2015.
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