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Home My WebLink AboutA012 - Council Action Form dated July 12, 2022 - vacate Electric Easement ITEM # 29 DATE: 07/12/22 COUNCIL ACTION FORM SUBJECT: VACATE ELECTRIC EASEMENT AT 1404 AND 1410 BUCKEYE AVENUE BACKGROUND: The property located at 1404 and 1410 Buckeye Avenue is owned by NLA Duff, LLC (see Attachment A). The owner proposes to construct a car wash. An electric easement exists in the area where the car wash is being proposed (see Attachment B). The construction cannot occur unless the electric easement is vacated. The easement was first established as part of the approval of the Final Plat for Fourth Addition to Southwood Subdivision, Ames. On June 12, 2019, as per Instrument 2019- 07692, an electric easement was granted to the City of Ames described as the North five feet (5) of Lot Eight (8); AND the South five feet (5) and the East thirty-six feet (36') of the South Twenty-One (21') of Lot Nine (9), (see Attachment C). While the purpose of the easement was to provide access for electric services to serve Lot 8 and Lot 9, this electric easement has not been utilized since it was first established by the Final Plat. As part of the Final Plat of Southwood Subdivision, Sixth Addition the owner proposes the replat of Lots 8 & 9, in order to combine the lots to form Lot 1 for the purpose of building the Car Wash, (see Attachment B). The Electric Department has reviewed the easement vacation request and has determined it is only an unutilized Electric Easement and that no other facilities will be affected and/or would be in conflict with the construction of the car wash. ALTERNATIVES: 1 . Approve vacation of the existing ten feet (10') electric easement at 1404 & 1410 Buckeye located in 8 & 9, Southwood Subdivision, Ames. 2. Do not approve the request to vacate the existing ten feet (10') electric easement at 1404 & 1410 Buckeye located in, lots 8 & 9, Southwood Subdivision, Ames. 3. Refer this item back to City staff for additional information. MANAGER'S RECOMMENDED ACTION: Since the existing easement do not provide electric services to Lots 8 & 9 at 1404 &1410 Buckeye Avenue, vacating the easement will enable the combining of lots 8 & 9 and the construction of a Car Wash. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1 approving the vacation of the existing ten feet (10') electric easement at 1404 & 1410 Buckeye located in 8 & 9, Southwood Subdivision, Ames 7m � r n LU Up gr yT 1 4 mow. S'a r 4; y p' , x LU LL n 6"N �t LLJ !662 � w k ' ..._ UJ � . V w.,h H c '. ^ w me w �I taw. "t (i a x 1 3 A I r t � t t _ t 1 `zGS. aitrin Interrna s F I' Ceou se,I v <si� U�'�,�rtc Srvey Esri rt 4 Jr�{�ai1 a ' 16ing kc n j),,(r)C1�ek,treetm, �t'ibutors,'atid �. e (�rn��d�� ityofAmes,Ik, �..i123 ArcGIS Web Map Ames, Geographic Information Systems 0 City of Ames,Iowa makes no warranties,expressed or implied, including without limitation,any warranties of merchantability or fitness for a particular purpose.In no event shall the City of Ames be liable NORTH for lost profits or any consequential or incidental damages caused by 1 .2,2 57 the use of this map. SHEET 1 OF 1 AMESCOMMUN ITYBANK I � ATTACHMENT 1 104 CHESTNUT ST CUT W —'IPF AMES IA 5D010 A1FA00'NLN ci 1 SET IN N.1]181 N m N.to F T BASIS OF BEARINGS SIDEWALK N0.20'-El.. S 89°50'55"E 240.04' No II IOWA STATE PLANE I COORDINATE SYSTEM 9.5'_z n i m MEN-- NA.B]SPG(1401 IA N) m USING GE(NDIB ~w m m t m'wmti— (o.201 i W t 6 N W IE — NST N0fA0768p) ri WI I W 7 —, 019 ELECTRIC � I Z I cEASEMENT PER I I a W N' �u N W E . f1 THIS PLAT r N W--. iR"IPF g E -00W .113'12�— '� _ __ J No ID _ �——------- �NW N.ID Q� o No Q W r L_-- COTi-- EXisnNC LOT— 1 ��\ L7 LL>2< V m I r LINE&EASEMENT I I II I.L K W 1— ACCES$ 0.942 ACt II VICINITY MAP NOT TO SCALE 0 I EABEMENT 41,036 SFt TO BE VACATED ( W Y 0 3 I I BY THIS PLAT PROPERTY DESCRIPTION: 7 o Lora) r-- o m m I Im (INST NO.I0/9.07688) I Z GI I NCi is PART OF THE SOUTHEAST 114 OF THE SOUTHWEST 114 OF I 9.5' I jwargrq LEGEND: SECTION 11,TOWNSHIP 83 NORTH.RANGE 24 WEST,OF THE E .w d Iron Pin Found STH P.M.,BEING LOTS B AND 90F THE FINAL PLAT,FOURTH l2-IPF No ID.Being N 89°53'23"W 240.00' to ELI z Bo.n. Un. the SW Cor.of Lot B 112"IPF N.ID,B.Inp m u`7 n—'�" fy ADDITION TO SOUTHWOOD SUBDIVISION,RECORDED IN FiAh Addition to 1416 BUCKEYE LLC the SE Cor.of Lot 8 m ----- —Adjacent Property Lin. INSTRUMENT NUMBER COUNTY OF 90FFITE OF THE RECORDER. (Southwood Subdivl.ion 105S 16TH ST STEA FIBh—ft—tot ------Cenledine of Ro.d CITY OF AMES,COUNTY OF STORY,STATE OF IOWA. AMES IA 50010-8094 Southwaotl Suhtllvision NOTES: CON TACT PROPER AUTHORITIES BEFORE BUILDING NEAR YOUNG, HOBBS 8& UTILITY LINES,FOR EASEMENT WIDTH AND RESTRICTK]NS. UTILITIES ARE APPROXIMATE AND SHOULD BE VERIFIED PRIOR ACCESS EASEMENT LINE TABLE ELECTRIC EASEMENT LINE TABLE ASSOCIATES TO ANY CONSTRUCTION. LINE BEARING DISTANCE LINE BEARING DISTANCE THIS IS A COMMERCIALMIGH RISK SURVEY,WITH A EL1 ND)2430"W 30,00' L1 N 52°1551"W 32.16, 1202 CROSSLAND AVE.-CLARKSVILLE,TN 37040 HORIZONTAL ACCURACY BETTER THAN 1:20,000. EL3 S W-24'30"E 34.4T L2 N DO.24'W'W 1o.00' PHONE 931-645-2524'FAX 931-645-2768 1. N W-35'30"E 18901' L3 N W-DYDT W 10.00' SOIL BORINGS ARE REQUIRED IN AREAS WITHIN THIS PLAT EL5 S DD•24'12"E 100.95' L4 N 90'W=E 12.00 WHICH HAVE BEEN IDENTIFIED By THE CITY OF AMES AS ELB N 89.5323"W 41.83' L5 S WFWI0"E 6.3T 0942 TOTAL LOTS �_ HAVING SOILS THAT MAKE CONSTRUCTION OF BUILDINGS EL7 N W-24'30"W 32.59' TOTAL ACRES DIFFICULT. ELB N 89.35'30"E 27,83' LB S 52.1651"E 33.66' MILES NEW ROAD EL9 N 00.241W W 4397 L7 S OD•23'21"E 12.71' ACRES NEW ROAD U THEN RIZONTAL AND VERTICAL DATA SHOWN HEREON WERE EL10 5 89"35.30"W 200.08' OBTAI NED UTI LIZING A TR IMBLE S6 S ERI ES TOTAL STATION AN D EL11 NOD•23'53"W 28,47' TDS DATA COLLECTION SOFTWARE. EL12 S89.35.30"W 14.99 D.t..9-20-2021(F18W) PARCELS:911-380-035&9114W-W EL13 S 89-53'23"E 11 Dl' Dale:12-21-2021(Office) Job Na.: 17&21 UNLESS STATEDOTHERWISE,ANY T' MONUMENT REFERRED I Sourceof TW.:IrMtfum.nl Number201907803 HEREIN AS A"IRON PIN SE IBA SET 18"ET 12"DIAMETER,REBAR IN HEREBY C ERTHA CAP STAMLAND SURVEYING FINAL PLAT OWNER/DEVELOPER: HEREBY CERTIFY THAT THIS LAND SURVEYING DOCUMENT NLA DUFF,LLC WAS PREPARED AND THE RELATED SURVEY WORK WAS SIXTH ADDITION TO SOUTHWOOD SUBDIVISION 105 TALLAPOOSA ST PERFORMED BY ME OR UNDER MY DIRECT SUPERVISION AND SUITE 307 THAT I AM A DULY LICENSED PROFESSIONAL LAND SURVEYOR UNDER THE LAW OF THE STATE OF IOWA. MONTGOMERY,AL 36104-2549 0' 50, 100, 150, DAVE R.HOBBS IOWA REDUCED SIZE, REG.NO.224B7 NOT TO SCALE My lice...f—I date 1. GRAPHIC SCALE V-50' W ATTACHMENT 2' �n u� 4 4. a Instrument q: 2019-07692 a1 08/23/2019 04:01:49 PM Total Wages: 4 t EASE EASEMENTS Recording Fee.: $ 22.00 A o Stacie Herrldge, Recorder, Story County roua Ill �ti. , ' 1 ilI uN W TNSTiiunl +ri PREPARED BY: Brian D.Tomesi 2605 Northrid e Pkwy.,Ames,1A 50010 515 288-2500 RE1'unN To: Brian D:Tames' 2605 Northrid e Pkwy.,Ames IA 50010 EASEMENTS KNOW ALL PERSONS BY THESE PRESENTS: That FHS AMES 1,L.P.and FHS AMES 2,L.P.,for good and valuable consideration,do hereby grant unto the CITY OF AMES,IOWA,and its successors and assigns,electric easements upon,underground,over or across the following-described real estate: i A strip 10.00 feet in width across Lot One(1•),being situated 5.00 feet on each side of the following centerline:Beginning at a point on the West line of Lot One(1)which is 138.51 feet north of the Southwest Comer thereof; thence N89°41'41"E, 79.61 feet, and there i terminating; A strip 10.00 feet in width across Lot One (1),being situated 5.00 feet on each side of the following centerline:Beginning at a point on the South line of Lot One(1)which is 72.39 feet east of the Southwest Corner thereof thence N00°19'54"W, 134.12 feet, and there terminating; A strip 10.00 feet in width across Lots Two(2)and Four(4),being situated 5.00 feet on each side of the following centerline:.Beginning at a point on the East line of Lot Two (2), adjacent to Buckeye Avenue,which is 102.79 feet north of the Southeast Comer thereof; thence N89°49'48"W,223.05 feet,and there terminating;AND, A strip 10.00-feet in width across Lot Six(6),being situated 5.00 feet on each side of the following centerline:Beginning at a point on the East line of Lot Six(6)which is 79.00 feet south of the Northeast Corner thereof; thence 589'38'45"W, 50.29 feet, and there terminating; The North 5.00 feet of Lot Eight(8);AND, The South 5.00 feet and the East 36.00 feet of the South 21.00 feet of Lot Nine(9), all of the foregoing in FOURTH ADDITION TO SOUTHWOOD SUBDIVISION, AMES, I STORY COUNTY,IOWA. The undersigned further grants unto the CITY OF AMES,IOWA,and its successors and assigns,water easements upon,underground,over or across the following-described real estate: A strip 10.00 feet in width across Lots Two(2)and Six(6),being situated 5.00 feet on each side of the following centerline:Beginning at a point on the East line of Lot Six(6)which is 7.24 feet north of the Southeast Corner thereof;thence N89'56'19"W,.227,68 feet;thence N000 10'42"E, 12.73 feet,and there terminating, all of the foregoing in FOURTH ADDITION TO SOUTHWOOD SUBDIVISION, AMES, STORY COUNTY,IOWA. The undersigned further grants unto the CITY OF AMES,IOWA,and its successors and assigns, sanitary sewer easements upon,underground,over or across the following-described real estate: A strip 20.00 feet in width across Lots Two(2),Four(4},.and Six(6),being situated 10.00 feet.on each side of the fol lowing centerline:Beginning at a point on the East line of Lot Two (2),adjacent to Buckeye Avenue,,which is 2.96 feet south of the Northeast Corner thereof; thence N89°49'18"W,210.40 feet,and there terminating, all of the,foregoing in FOURTH ADDITION TO SOUTHWOOD SUBDIVISION, AMES, STORY COUNTY,IOWA. The foregoing rights are granted upon the express condition that the undersigned shall not erect.or place within the easement areas identified herein any building or other structure or i improvement, including,:but not limited to,a retaining wall or fence,or any trees,shrubs,or other landscape plantings other than grass or comparable ground cover except with the consent of the City of Ames, Iowa. The City of Ames, Iowa shall have the right to trim or remove trees and shrubs within the easement areas identified herein to prevent damage to utility service lines of the City of Ames, Iowa located within said easement areas. The foregoing rights are granted upon the express condition that the users of the granted rights will assume liability For all damage to the real estate described herein and any adjacent real estate caused by the failure to use due care in the exercise of the granted rights. Dated this 120day of'June,2019. (SIGNATURE PAGE FOLLOWS) 3 , SIGNATURE PAGE OF EASEMENTS FHS AMES 1,L.P. By: FHS INVESTMENTS,LLC, General Partner 13y: --Mark .Si ens, Manager STATE OF�I'�"'��'�' ,COUNTY OF �r`zJ�ln-' SS: / rr This record was acknowledged before me on this day of June,2019,by Mark F.Simens, a Manager of FfIS Investments,LLC,the,General Partner of FHS Ames 1, L.P. aPATRICIA AtiN MCCUAT �� / � Urnmiablon a 2126012 K Notary Public,State of '�'��•�'` "�w Hotary Public-CallorMa My commission expireszCo+rtrs Costa County L=tWmi Comm.E l=Up 1 2019 FHS AMES 2,L.P. By: FHS INVESTMENTS, LLC,General Partner By: Ma 'F.St ns,Manager STATE OF � �`��`,COUNTY OF� "L4,-j SS: This record was acknowledged before me on this 1-2 day.of June,2019,by Mark F.Simens, a Manager of FHS Investments,LLC,the General Partner of FHS Ames 2,L.P. PATRICIA ANN MCOUA7 Commisalon it 2126012 J zlip -• Notary Public-California x Notary Public, State of�.aal Contra Coata County My commission expires ki Comm.ExplreB 6e 6,2019 4