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Home My WebLink AboutA004 - Legal Opinion dated April 13, 1990 �i""'EiLCITY OF AMES IOWA 500,0 ALL-AAAEF31C.A CITY 1982-1983 April 13, 1990 The Honorable Larry R. Curtis, Mayor, and Members of the City Council of the City of Ames, Iowa Re: Ames High Drive Dear Mayor Curtis and Council Members: Attached is an ordinance to ban parking at all times along Ames High Drive. The Council asked how it came to be a City street. Attached are materials giving the details. The City Council accepted it by Resolution No. 6325 on January 16, 1973. The Council also asked how the City could divest itself of this street. Section 364. 12(2)(a) provides that after notice and public hearing, the City Council can "vacate" "public ways" by ordinance. Ames High Drive would cease to be a street upon enactment of the ordinance. Questions of land title could be raised. The instrument executed by the School District was not a "deed". It was a dedication. The instrument of dedication does not use words indicating an intention to convey title to the land. When land is dedicated as a street on an official plat, title to the real estate vests in the governmental entity that has jurisdiction. Section 409. 13, Code of Iowa. However, it has been held that when there is a dedication of a strip of land to street use only, and it is clearly the dedicator' s intent that the City acquire no rights other than the use of the land for street purposes, the City has only an easement. See: Leverton vs. Laird, 190 N.W.2d 427-434 (1971). There are cases holding that the public' s rights in lands dedicated to a public use may be divested through actions by the governing body which indicate clear intent by the government to abandon the public' s rights. See Marksbury vs. State, 322 N.W.2d 281 (1982); Sioux City vs. Johnson, 165 N.W.2d 762 (1969). However, if the street is vacated, the best procedure to obviate title questions would be for the School District to accept a Quit Claim Deed from the City following the statutory procedures for notice and hearing. Yours truly, John R. Klaus City Attorney JRK:gmw cc: City Manager Public Works AMES - THE CENTER OF IT ALL ti 4 RESOLUTIO:: NU'113ER r)325 ACCF I'•IG S;'it':f:1' r WHEREAS, Ames Corrununity School District did dedicate for :;ublic use as a street the lollowin•_i describes] real estate: Commencinc3 at the center Section 34, Township 84 -North, Range 24 West of the j 5th P.M. , Story County, Iowa; thence West j �i 604 .43 feet; thence South 26138'30" rasa 467.07 feat; •therice South 63028'30" [vest 30 f-mot to the point of beginninc7; thence 30 feet each side of a line continuing South 63°28' 30" West 451.88 feet; thence 40 feet j; each side of a line along a 138.98 foot radius curve concave to the ;.orth 218.33 ij feet; thence North 26°31'00" blest 480.08 �j feet; thence along a 169.88 foot radius ! curve concave to the East 78.57 feet; !� thence North 0°01 '00" West 2G.16 feet i f to the South line of 20th Street, identified as Ames High Drive, connecting with 20tii �! Street and Rldgc:.00cl Avenue, in >.mes, Iowa; W}IERtFAS, it is the opinion of the City Council of the I t, City of Ames, Iowa, that the Dedication of said Street, by the Ames Community School District, is proper and should be accepted } b, the Council; NOW, THEREFORE, FEE IT RESOLVED by the City Council of the City of ,%mes, Iowa, that the dedication of the street by the Amos Community School ;); strict be and the same is hereby accepted for and on behalf of the City or Pmes, Iowa , and all acts and � i doings by the :rantor in the ,remiscs are hereby confirmed and approved by the City Council or the City of ,vies, Iowa, on this 16ti, day of January 1973. S:tssr�,ucCc�i:x;f�c�rotzixr.�3fW� Joseph N. Maxwell, I•. yor Pro-tem i Mary E. Paul, City Clerk I '`loved by: Huston-'Nelsun got is^.:: V. Huston, Nelso-i, Pau;:as, Foeri;er, Maxweil, Calhoun V(-; . . :a `:0:1e. t: None. Smith Resolution ':amber 6375 adopted. I Joseph N. Maxwell r� haul, being the duly' we, s;E3�2sct�i�ax>s:x�2�i and ;Mary Pro-tem a uointe respectively, d Mayor/and City Clerk, of the !! 32�Cxic`s23a�c! p: i City of Ivres, Iowa , do hereby certify that the above and fore.-,oing j �IResolution Number 6325 is a true and accurate copy of the said i (- Resolution; and that the said Resolution was passed and adopter Irby the City Council of the City of :001es, Iowa, at its requl _ �! 1972. { meeting th�r%�f oiltltc 1'Ie l _;,y of Jiinuar� i; 3tCaa�laLS'c:�Ci ti Joseph N. Mawwell, Ma}*or Pro-tes t, 'i Mary 'E,- Paul, City Clerk �I t {i (i I� �i I ji lI � tt i i� t �1 t' II ,1 /j Ili;C;LAxu. Ni-, ni oroii. -1011N�TON Iri:WFI? .. .•cs". o•.cwc•. .•(u!c ...Dui•. January 4 , 1973 City Council City of ernes Ames, Iow.3 50010 Re: Ames Community School District Dedication of Arno., Hinh :)rivt- Dear Sirs : Representatives of the School Board and the Council have conferreu front ti,Xe to time about adding Ames High Drive to tie City street system. Addition of the swimming pool, gymnasium and auditorium has substantially increased the traffic, both school and public, on Ames High Drive. At a recent meeting of the School Board, a resolution authorizing the dedicating of this street was approved by the Board, along with the dedication. I enclose for vour attention: (a) Tk..o signed copies of the Board's resolution. (b) T%.�o signed copies of the Dedication. (c) Tnree copies of proposed Council resolution accepting street. Sincerelv vours, Harold G. ilegland 1:ttorney for School Board HOH:s r CC. Mr. David i•;oorhead, Superintendent Antes Corur�unit•✓ School District WHEREAS, the :vies Commnunity School District of A;aes, Iowa, is the owner of the following describe) real estate, to-wit: i Commencinr. at. the center Section 34 , Townshi-.) 84 ^lcrth, Range 24 Nest of the 5th P.M. , Story County, Iotaa; thence West j; 604 .43 feet; thence South 26°38' 30" East 467.07 feet; thence South 63°23' 30" :.est 30 !: feet to the :point of beqinninc:: th•-nc:c 30 feet each sidu ui a line centinuis:; South 63°28 ' 30" West 451.88 feet; thence 40 feet each side of a line along a 138.98 foot radius curve concave to the :,:orth 218.33 feet; thence North 26°31 '00" best 480.08 � I: feet; thence along a 169.88 foot radius curve concz.ve to the East 78.57 feet; thence North 3°01 '00" Hest 26.16 feet to the South line of 20th Street, li and WHEREAS, It is ti,e desire of this Board that the abo':e described. real estate be dedicated 'to the ;public for street purposes to be known as tuncs liigh Drivc, in :unies, Iowa; 'rii::R:' CR : B.E. IT Rrc, 1 E' d� .� E D i�'.� tl:c Boar of Directors of the Ames Coru-ntinity School District that the real cttate legally described as follows, to-:.it: Commencing at the center Section 34, Township 84 �;orth, Rance 24 'West of the 5th P.M. , Story County, Iowa; thence West 604 .43 feet; thence South 26°38 '30" East 467 .07 feet; thence South 63°28 ' 30" Nest 30 feet to the :-)oint of becinninc; thence 30 feet each side of a .line cor.tin,;ing South 63028 '30" [vest 451.88 feet; thence 40, feet { each side of a line along a 138.98 foot radius curve concave to the ::orttt 218.33 feet; thence North 26°31 '00" Vest 480.08 feet; thence alone, a 169.88 foot radius curve concave to the Last 78. 57 f^et; thence ?Forth 0*01 '00" west 26. 16 feet to the .- auth line of 20th Street, be and the saute is hereby dedic.1ted to _"e public for street piirposos to for^� _A:^:�s Nigh Drive in 'r:es, Io:.'a , and the Presic:e t and S^cretary of ales Cont.iunity School Oistrict Board. of Directors be and they are i'jereb;' auti:ozized anc . �cteci to execute on behalf of the .Vries School Dist:ict a dee.z Of dC icatio~ to said aro:)erty. • i • i -2- P 1972.assed this day of � � � i A.^ITu C,O.•LmU".ITY SC:IOOL DISTRICT 1 i' ! By rawrence Bur': art, Pres dent Joe Stratton, Secretary i I i i I Joe Stratton, Secretary of the Board- of Directors i of Ames Community School District, do hereby certify that the i -1 above and foregoing resolution is a true and exact copy of said ; it :i I ii resolution.; that said resolution was adopted and passed by the t; Ames Community School District Board of Directors at its meeting , r 1972, and that said on the j,. day of 1 I 1 resolution was passed by unanimous vote of the Board of Directors i� i of r`,mes Community School Distriict . i Ei Joe Stratton, Secretary, Board of nirector.s, •l,�cs ^ommunity School District ci STATE OF IOWA ) � SS STORY COUNTY ) f ' On this day of i`. :�': 1972, before me, i the undersigned, a tdotary Public in and for Story County, Iowa, personally i:noi-.n, who being by me appeared Joe Stratton, to me duly scorn did say that he is the Secretary of the Board of : ! :1 Directors of :+Ties community School District and that the above : instrument ,-as signed by him on behalf of said corporation, by authority of its Board of Directors; and that he acknowledged the execution. of said ir.strunient to be the voluntary act and I! deed of said . .es Community School Distract Board of Directors. it ; I i Notar, Public in 'a FC1 for Story County, Iowa 1 is i , ' i RLGJ T 4F WkY PLAT 1 � f 3 '�. j:jr il)r stir i •i f,7 :;•% � - :it_... t.. ? .'.Fly +'.'� �-� ,.. ..e• 7)1l:., t): l 1 ! i 1 l ! i 4 f i i CENTER SEC — 1 -4- 04- 24 _ r, gn° -UO•C Iw75UwL'l}2O7M.__ .-_ .__33 k '� E a Gf 1' _•n � 1\ c SCALE `s s t i CiTY OFAME5. Er:G. DEPT 1 • ` I! f� D F. D I C A T I O h I KNOW ALL ME_7 BY THESE PRESENTS: I� That Ames Community School District does hereby acknowledge and declare that it I is the owner of the following I I �I described real estate, situated in Ames, Iowa, to-wit: i Commencing at the center Section 34, ' Townshio 94 North, Range 24 West of the 5th P.M. , story County, Iowa; thence West Ii 604 .43 feet; thence South 26°38 '30" East 467.07 feet; thence South 63°28 '30" West 30 I� feet to the point of beginning; thence 30 ! feet each side of a line continuing South 63028 ' 30" West 451.88 feet; thence 40 feet each side of a lire along a 138.98 foot radius curve concave to the North 213.33 feet; thence North 26°31 '00" West 480.08 it feet; thence along a 169.88 foot radius curve concave to the East 78.57 feet; thence North 0001 '00" West 26.16 feet to the South lire of 20th Street, identified as Ames High Drive, connecting with 20th Street and Ridgewood Avenue, in Ames, Iowa, I �! and it is with our free consent and in accordance with our i desires and wishes that we dedicate to the public the above I I I; described real estate for street purposes. ii I� I, AMES COMMUNITY SCHOOL DISTRICT II By t Lawrence Bur hat t, President By _ Joe.. Stratton, Secretary !1 i STATE OF IOWA ) i1 ) SS STORY COUNTY ) Ii On this day of ,,_�,,_•.� 1972, before me, I the undersigned, a Notary Public in and for said County in said State, personally appeared Lawrence Burkhart and Joe Stratton, it to me personally }mown, who being by me duly sworn, did say that thev are the President and Secretary respectively of Ames II Cocmunity School district ,:wncl th.it i hr fnro,join(; 7ociicntion was 1 ! signed on behalf of the said Ames Community School District by authority_ of its Board of Directors and that the said Lawrence Burkhart and Joe Stratton as such officers, ackno,,,ledged the execution c` s-3id instrument to be the voluntary act and deed of said Corporation, by it: and, by them voluntarily executed . M. I Notary Public in and tor State of Iowa