HomeMy WebLinkAboutA018 - Resolution No. 16-471 adopted August 9, 2016 Instrument:2016- 00008080
Date:Aug 22,2016 10:18:53A
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Filed for record in Story Countyr Iowa
Stacie L. Herridger County Recorder
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. 16-471
RESOLUTION APPROVING VACATION OF PUBLIC ACCESS EASEMENT FOR
720 SOUTH DUFF AVENUE
FOR THE CITY OF AMES,IOWA
WHEREAS, there is an existing `Future Access Easement' on the property located at 720 South
Duff Avenue; and,
WHEREAS,as part of the Final Plat for U-Haul Subdivision,First Addition,that plat also included
the granting of an Access Easement to provide access from the rear of South Duff Avenue properties to the
planned traffic signal in front of Wal-Mart; and,
WHEREAS,the Easement is intended to augment access to those properties after the median and
traffic light are installed; and,
WHEREAS,the existing `Future Access Easement' provided by the developer, U-Haul, needs to
be replaced with language that more explicitly grants access to the public; and,
WHEREAS, U-Haul is in the process of rezoning the property and has agreed, as part of the
rezoning process, to provide for an updated Easement that meets the interests of the City; and,
WHEREAS, pursuant to Iowa Code Section 364.7, notice was given on August 2, 2016, and a
public hearing is being held regarding the proposal of the City to vacate the existing Easement; and,
WHEREAS,vacation of the Easement is in the best interest of the City.
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 the Public Access Easement and establishing a public hearing date regarding the proposal has been made.
2. The public hearing regarding the disposition of the property is hereby closed.
3. The `Future Access Easement',established with the recording of U-Haul Subdivision,First
Addition, Instrument No. 2016-0004170 on May 17, 2016, across the following described land is hereby
vacated:
BEGINNING AT THE NORTHWEST CORNER OF THAT PROPERTY DESCRIBED
IN INSTRUMENT NO.2014-00003780 OF THE STORY COUNTY,IOWA,RECORDS;
THENCE SOUTH 00 DEGREES 21 MINUTES 20 SECONDS EAST,A DISTANCE OF
500.02 FEET; THENCE NORTH 89 DEGREES 33 MINUTES 12 SECONDS WEST, A
DISTANCE OF 45.59 FEET; THENCE NORTH 00 DEGREES 17 MINUTES 39
SECONDS EAST,A DISTANCE OF 442.37 FEET;THENCE SOUTH 89 DEGREES 33
MINUTES 17 SECONDS EAST, A DISTANCE OF 17.03 FEET; THENCE NORTH 00
DEGREES 20 MINUTES 07 SECONDS WEST,A DISTANCE OF 57.65 FEET;THENCE
SOUTH 89 DEGREES 33 MINUTES 12 SECONDS EAST,A DISTANCE OF 28.07 FEET
TO THE POINT OF BEGINNING, CONTAINING 21,612 SQUARE FEET OR 0.50
ACRES, MORE OR LESS."
ADOPTED THIS 91" day of August, 2016.
49,
C; �(� e�' ► Uo�.�
Diane R. Voss,City Clerk Ann H. Campbell, Mayor
Introduced-by: Gartin
Seconded by: Betcher
Votingzye: Beatty-Hansen, Betcher, Corrieri, Gartin,Nelson
Voting nay: None Absent: Orazem
Resolution declared adopted and signed by the Mayor this 9t' day of August, 2016.