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Ames council approves lot consolidation with recorded easement; neighbors warn of access problems
Summary
Council approved a boundary-adjustment plat consolidating old mobile-home lots into a new parcel, conditioned on recording a 20-foot private access easement; nearby property owners testified the arrangement may not provide public right-of-way access and could complicate future resale and development.
City staff presented a boundary-adjustment and consolidation of aging auditor-plat lots that would create a larger parcel while leaving smaller lots with private-access arrangements. Kelly (city staff) told council the staff recommendation included a condition: "that easement must be submitted and recorded to allow for the approval of the pilot survey to get recorded with the county."
Nearby property owners said they were surprised by the easement language and worried about losing access. Brent Lemire, who said he purchased property there in 2003 and has used an informal access route for years, told the council he was surprised by a revised plat showing a "20 foot access point" and said recent sales of lots changed the ownership dynamics. Bridal Adams, who identified herself as the owner of parcel C at 5507 Lincoln Way, described driveway and septic constraints and said, "If they take it away, I'll have no access to my house or my garage."
Staff and councilors explained the legal context: the lots originated from an auditor's plat created decades ago that did not dedicate public right-of-way, and staff said the city does not adjudicate private property-rights disputes; such disputes typically must be resolved in court or through private agreement. Staff also noted that the proposed easement was drafted as an appurtenant easement that runs with the land rather than a person-specific right, meaning successors and assigns of the affected lots would hold the access right.
Councilors debated whether to require the applicant to provide a direct public-right-of-way access now or accept a condition that the private easement be recorded and rely on future subdivision review to address remaining access issues. After discussion, a councilor moved to approve the plat with the staff-recommended condition; the motion passed.
What happens next: Staff said planned rezoning and a future formal subdivision process would likely revisit access questions; the recorded easement will be required as a condition for the plat to be recorded at the county.
