HomeMy WebLinkAboutA033 - Memo from City Attorney dated November 9, 2006 - Vacating Easements C26
Memo
Legal Department
Caring People
Quality Programs
Exceptional Service
TO: Mayor Campbell and Members of the City Council
FROM: Doug Marek, City Attorney
DATE: November 9, 2006
SUBJECT: Vacating Easements in Wal-Mart's Subdivision, First Addition
As part of the development agreement between the City of Ames and Wal-Mart,the City agreed to
vacate any easements on the site that are no longer needed. A total of six easements that are no
longer needed have been identified by Wal-Mart. The Public Works and Electric Departments have
reviewed the easements and agree that they may be vacated.
Notice of public hearing for four easements was published prior to the October 24 Council meeting.
p p p g g
City staff prior to the hearing determined that one of the easement descriptions provided by Wal-
Mart was incomplete and inaccurate. The public hearing on that date therefore was opened and
continued.
Notice of public hearing with the corrected legal description for one easement plus two additional
easements was published prior to the November 14 Council meeting. The public hearing should be
opened and comments should be received concerning all six easements at this meeting. Council may
then take action by resolution to vacate all six easements.
f
Doug Marek/COA To Diane R Voss/COA@COA
10/17/2006 10:55 AM cc John C Joiner/COA COA Jill Grimsle /COA
@ � COA Y @
bcc
Subject Walmart Easement Vacation
I just spoke--again--with a Walmart lawyer about vacating easements. Here's the plan:
On the 24th we will proceed with the hearing and resolution vacating#2 (electric)and#3 (unused
rights-of-way)on the legal notice.
Walmart has sent an expanded legal description for the storm sewer easement(#1 on the legal notice)
plus an additional electric easement. Once those are approved by engineering staff we will need to
publish another legal notice for those two easements and proceed with hearing and vacation at the first
meeting in November.
Doug Marek
Ames City Attorney
515 Clark Avenue
P.O. Box 811
Ames, Iowa 50010
Tel: 515-239-5146
Fax: 515-239-5142
E-mail: dmarek@city.ames.ia.us