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HomeMy WebLinkAbout2024-03-18 H01 Songbird Park_Vacation AGENDA ITEM: CITY OF WAUKEE, IOWA CITY COUNCIL MEETING COMMUNICATION MEETING DATE: March 18, 2024 AGENDA ITEM: Consideration of approval of a resolution approving the vacation and disposal of public property pursuant to Iowa Code Sections 354.23 and 364.7 (2024) [Songbird Park] FORMAT: Resolution SYNOPSIS INCLUDING PRO & CON: Songbird Park is located east of 1st Street Place and is an unimproved park that was acquired several years ago. The portion of Songbird Park proposed to be vacated was supposed to be deeded to an adjoining property owner in 2003 in exchange for an ingress/egress easement. The adjoining property owners, Roger Schlaefer and Majorie Hammer, granted the easement which was subsequently recorded. The deed filed in 2003 to transfer the property contained several scrivener errors and the property was never transferred. It is staff’s recommendation that the small portion of Songbird Park (approximately 2,500 square feet) should be considered for vacation and disposal. FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS: COMMISSION/BOARD/COMMITTEE COMMENT: STAFF REVIEW AND COMMENT: Staff would recommend approval of the vacation and disposal of the portion of Songbird Park. RECOMMENDATION: Approve the resolution ATTACHMENTS: I. Proposed Resolution PREPARED BY: Andy Kass, Community Development Director REVIEWED BY: H1 THE CITY OF WAUKEE, IOWA RESOLUTION 2024- APPROVING THE VACATION AND DISPOSAL OF PUBLIC PROPERTY PURSUANT TO IOWA CODE SECTIONS 354.23 AND 364.7 (2024) [SONGBIRD PARK] IN THE NAME AND BY THE AUTHORITY OF THE CITY OF WAUKEE, IOWA WHEREAS, the City of Waukee, Dallas County, State of Iowa, is a duly organized Municipal Organization; AND, WHEREAS, the City of Waukee previously approved Resolution No. 03-153 on July 7, 2003, to approve a land exchange of the property described in Exhibit A to Roger Schlaefer and Marjorie Hammer for an Ingress/Egress Easement across their property; AND, WHEREAS, Roger Schlaefer and Marjorie Hammer granted the Ingress/Egress Easement as recorded in Book 2003, Page 19933; AND, WHEREAS, the warranty deed transferring the property to Roger Schlaefer and Marjorie Hammer filed in Book 2003, Page 19932, contained scrivener errors and was thus never transferred. NOW THEREFORE BE IT RESOLVED by the City of Waukee City Council in session this 18th day of March 2024, that it hereby approves the vacation of the portion of Songbird Park described on attached Exhibit A and approves the dedication of the property to Roger U. Schlaefer and Majorie A Hammer. ____________________________ Courtney Clarke, Mayor Attest: ___________________________________ Rebecca D. Schuett, City Clerk RESULTS OF VOTE: AYE NAY ABSENT ABSTAIN R. Charles Bottenberg Chris Crone Rob Grove Anna Bergman Pierce Ben Sinclair EXHIBIT A LEGAL DESCRIPTION OF PROPERTY TO BE VACATED – SONGBIRD PARK PARCEL 24-9 OF THE PLAT OF SURVEY RECORDED ON FEBRUARY 21, 2024, AT BOOK 2024 PAGE 02303 OF THE DALLAS COUNTY RECORDER’S OFFICE. CONTAINING 2,471 SQUARE FEET (.06 ACRES), MORE OR LESS.