HomeMy WebLinkAboutA016 - Council Action Form dated February 25, 2014 OLD CAF
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ITEM 8
DATE: 02- -13
COUNCIL ACTION FORM
SUBJECT: RINGGENBERG PARK 4T" ADDITION — SANITARY SEWER
EASEMENT VACATION
BACKGROUND:
With the continued development in Ringgenberg Park Subdivision, a request has been
received to vacate a portion of a sanitary sewer easement that was created as a part of
Ringgenberg Park 1st Addition. It is not unusual with developing properties to find that
easement locations need to be changed to work with the proposed building plans. When
that happens, the City will vacate the easement and the developer will grant a new one
for the same purpose but in a different location on the property. The present situation is
more involved that the typical easement vacation because the easement being vacated
contains an active main serving a residential property.
The vacation is necessary in order for the property owner to secure financing for the
new Village Cooperative planned for this area. The current sanitary sewer alignment is
in conflict with the proposed building's footprint, and financing cannot be secured for the
project with the sewer and easement in their current location.
The developer desires to begin construction as soon as the weather allows this spring.
The Final Plat related to the site is scheduled to be approved at the February 25, 2014
Council meeting to establish a new easement. It is also the developer's intent for the
new sanitary sewer, as shown in Attachment A, to be installed in spring 2014. Should
the Final Plat not be approved at the February 25, 2014 meeting, the easement
vacation hearing will be delayed to coincide with Final Plat approval.
The developer has agreed to provide a Letter of Credit prior to February 25, 2014, in the
amount equal to the proposed relocation costs to secure the promise to relocate the
sewer line that is in the easement presently. Should the Village Cooperative not be
developed, the City would have the options to require the developer to install the new
sanitary sewer main as proposed, to install the new sanitary sewer main utilizing the
developer's financial security, or to re-establish the easement in its current location and
return the letter of credit. The City's Legal staff is creating a development agreement for
the proposed relocation of the sanitary sewer main that will also be presented at the
February 25 Council meeting for approval.
With the easement being specified for sanitary sewer, no additional outreach to other
utilities was necessary, since Public Works is the only utility stakeholder in the
easement. Staff sees no problems with the relocation of the easement and sanitary
sewer main.
i
ALTERNATIVES:
1. Set February, 25, 2014 as the date of public hearing for the proposed vacation of
the sanitary sewer easement as shown on Attachment A.
2. Direct staff to pursue other options.
MANAGER'S RECOMMENDED ACTION:
By moving forward with the process to approve vacation of this easement, Council will
facilitate this property owner's ability to secure financing and move forward with the
Village Cooperative development.
Therefore, it is the recommendation of the City Manager that the City Council adopt
Alternative No. 1, thereby setting February 25, 2014 as the date of public hearing for the
proposed vacation of the sanitary sewer easement as shown on Attachment A.
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EXHIBIT
R. BRADLEY STUMBO P. O. BOX 1664 AMES. IOWA 50010 515-233-3689
VACATION EXHIBIT
OA0000 ROAD NE CDRNER
LOT 12
Survey Description-Sanitary Sewer Easement to be Vacated:
A strip 20.00 feet in width across Lot 12, Ringgenberg Park
Subdivision, Fourth Addition to the City of Ames, Story County,
Iowa. being more particularly described as follows: Commencing
at the Northeast Corner of said Lot 12; thence S01 '13'07"E.
320.85 feet along the East line of said Lot 12. thence
S86'56'58"W. 21.86 feet to the point of beginning thence
S86'55'58"W, 300. 13 feet; thence S24'01'18"E, 14.25 feet; �?
thence S19'32'28"E, 6.98 feet; thence N86'56'58"E, 291.02 feet; o
thence N02144'19"E, 20.10 feet to the point of beginning, m
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SEWERING EASEMENTARY INGG�� PPP OZT�ON Or
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SEWER EASEMENT
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OUTLOT 8
GRAPHIC SCALE 1 "=60 '
0 60 120 160
Certification: I hereby certify that this land surveying LEY
bycmeeor underrrmyadirectdpersonal the asupervisiosurvenwand thatpIramraed OP�ZCENs�cO G�1►�
duly licensed Land Surveyor under the laws of the State of Iowa. Q: o
Date: 17161
R. Bradley Stum License #17161 F
My license rene al date is December 31, 2015 `SSl Iowp
Job #15313FP4EVAC Date: 1/29/14 Page 1 of 1 SAL LAB