HomeMy WebLinkAbout~Master - Establishing North Growth Area Sanitary Sewer Connection Fee District Instrument:2014- 00005 169
M Date:Jun 27►2014 01:28:33P
D Rec Fee: 20.00 E-Com Fee: 1.00
G Aud Fee: .00 Trans Tax: .00
Rec Management Fee: 1.00
Non-Standard Page Fee: .00
Filed for record in Story County► Iowa
Susan L. Vande Kama► County Recorder
DO NOT WRITE IN THE SPACE ABOVE THIS LINE,RESERVED FOR RECORDER
Prepared by:Judy K.Parks,Ames 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
ORDINANCE NO. 4181
AN ORDINANCE TO AMEND THE MUNICIPAL CODE OF THE CITY OF
AMES, IOWA, BY ENACTING A NEW CHAPTER 28, SECTION 28.907
THEREOF,FOR THE PURPOSE OF CREATING A SANITARY SEWER
CONNECTION FEE DISTRICT IN THE NORTH GROWTH AREA;
REPEALING ANY AND ALL ORDINANCES OR PARTS OF
ORDINANCES IN CONFLICT TO THE EXTENT OF SUCH CONFLICT;
AND ESTABLISHING AN EFFECTIVE DATE.
BE IT ENACTED,by the City Council for the City of Ames,Iowa,that:
Section One. The Municipal Code of the City of Ames,Iowa shall be and the same is hereby amended by
enacting a new Chapter 28, Section 28.907 as follows:
"Sec.28.907 NORTH GROWTH AREA SANITARY SEWER CONNECTION FEE DISTRICT
(1) There is hereby established pursuant to Sec. 384.38(3) Code of Iowa, 1995, a sanitary sewer
connection fee district described as follows,and as shown on the map in Appendix"W":
(a) Parcel l: Parcel"E"in the Southwest Quarter of the Southwest Quarter(SW '/4 SW '/4)of
Section 22,Township 84 North,Range 24 West of the 5'P.M., Story County,Iowa,as shown on the"Plat of Survey"
filed in the office of the Recorder of Story County,Iowa,onDecember 18, 1998,as Instrument Number 98-17594,in
Slide 12 at Page 3.
(b) Parcel 2: That part of the Southwest Quarter(SW'/4)of the Southwest Quarter(SW'/4)of
Section Twenty-two(22),Township Eighty-four(84)North,Range Twenty-four(24)West of the 5`'P.M.,Story County,
Iowa, described as follows: Commencing at the Southwest(SW) corner of said Section Twenty-two (22);thence N
00°00'00"E,Five Hundred Fifty-three and Twenty-two Hundredths(553.22)Feet along the West line of said Southwest
Quarter(SW '/4) of the Southwest Quarter(SW '/4)to the point of beginning;thence continuing N 00°00'00"E, One
Hundred Twenty-nine and Forty-three Hundredths(129.43)Feet along said West line; thence N 89°27'30"E, Three
Hundred Ninety-one and Thirty-seven Hundredths(391.37)Feet;thence S 22°05'14"E, One Hundred Nineteen and
Thirty-four Hundredths(119.34)Feet;thence S 82°23'01"W,One Hundred Sixty-eightand Seventy-eight Hundredths
(168.78)Feet;thence N 00°21'54"E,Thirteen and Seventy-three Hundredths(13.73)Feet;thence S 87°02'30"W,Two
Hundred Sixty-nine and Thirty-eight Hundredths(269.38)Feet to the West line of said Southwest Quarter(SW'/4)of
the Southwest Quarter(SW'/4)and point of beginning,containing 1.173 acres,which includes 0.098 acres of existing
County Road right-of-way.
(c) Parcel 3: The South Half(S'/z)of the Southwest Quarter(SW'/4)of Section Twenty-two(22),
Township Eighty-four(84)North,Range Twenty-four(24)West of the 5"P.M.,excepting therefrom,however,the East
50 acres thereof and a tract of 10.35 acres described as follows: Beginning at the Northwest corner of the South Half
(S'/z)of said Southwest Quarter(SW'/4),thence South 89°25'East 974.36 feet,thence South 0°14'58"East 462.24 feet,
thence North 89°25'West 976.37 feet to the West line of said Southwest Quarter(SW'/4),thence North 0°00'East along
said West line 462.24 feet to the point of beginning,and excepting therefrom a tract of 1.173 acres described as follows:
Part of the Southwest Quarter(S W'/4)Southwest Quarter(S W'/4)of Section Twenty-two(22),Township Eighty-four(84)
North,Range Twenty-four(24)West of the 5'P.M., Story County,Iowa, described as follows: Commencing at the
Southwest corner of said Section Twenty-two(22),thence North 00'00'00"East,553.22 feet along the West line of said
Southwest Quarter(SW'/4)Southwest Quarter(SW'/4)to the point ofbeginning;thence continuingNorth 00°00'00"East,
129.43 feet along said West line;thence North 89°27'30"East,391.37 feet;thence South 22'05'14"East, 119.34 feet;
thence South 82°23'01"West, 168.78 feet; thence North 00°21'54"East, 13.73 feet; thence South 87°02'30"West,
269.38 feet to the West line of said Southwest Quarter (SW'/4) Southwest Quarter (SW'/4) and point of beginning,
containing,less said exceptions, 18.197 acres more or less, subject to highway and easements of record.
(d) Parcel 4: Parcel"A"in the Southwest Quarter(SW'/4)of the Southwest Quarter(SW'/4)of
Section 22,Township 84 North,Range 24 West of the 5'P.M., Story County,Iowa,as shown on the"Plat of Survey"
filed in the office of the Recorder of Story County,Iowa,on the 2nd day of June, 1996,and recorded in Book 14 at Page
2.
(e) Parcel 5: Beginning at the Northwest Corner of the South Half of the Southwest Quarter of
Section 22,Township 84 North,Range 24 West of the 5`h P.M.,thence South 89 degrees 25'East along the North line
of the South Half of said Southwest Quarter 974.36 feet,thence South 0 degrees 14'58"East 462.24 feet,thence North
89 degrees 25'West 976.37 feet,to the West line of said Southwest Quarter,thence North 0 degrees 00'East along said
West line 462.24 feet to the point of beginning, containing 10.35 acres more or less.
(f) Parcel 6: Commencing at the West Quarter corner of Section 22,Township 84 North,Range
24 West of the 5'P.M.,Story County,Iowa;thence North 540.9 feet along the West line of the Northwest Quarter(NW
`/4)of said Section 22 to the point of beginning;thence South 89°30' East 510.4 feet;thence North 54°20' East 648.2
feet;thence North 6727'East 479.6 feet;thence North 90°00'West 1479.9 feet to said West line;thence South 557.4
feet along said West line to the point of beginning, containing 12.00 acres, subject to all other rights, reservations,
restrictions,easements, liens and encumbrances of record;and other land.
(g) Parcel 7: A part of the Northwest Quarter(NW'/4)of Section 22,Township 84 North,Range
24 West of the 5 `' P.M., Story County, Iowa, described as follows: "Beginning at a point on the west line of said
Northwest Quarter(NW`/4)which is 1098.1 feet north of the Southwest corner thereof,thence N 89°59'20"E,14810.15
feet;thence N 6727'E,44.15 feet;thence N 0'44' W,203.1 feet;thence S 89°59'20"W, 1518.35 feet;thence South
220.0 feet." Containing 7.67 acres and subject to road right-of-way.
(h) Parcel 8: Parcel C in the Northwest'/4 of Section 22,Township 84 North,Range 24 West
of the 5th P.M.,Story County,Iowa;as shown on the"Plat of Survey"filed in the office of the Recorder of Story County,
Iowa, on February 6, 1998, and recorded as Instrument No. 98-01464 in C&FN Book 15 at Page 110, Contains 2.83
gross acres.
(i) Parcel 9: Parcel"L"Legal Description: That part of the North Half(N '/2)of Section 22,
Township 84 North, Range 24 West of the 5 'P.M., Story County, Iowa; more particularly described as follows:
Beginning at the Northwest corner of said Section 22;thence S 89°59'37"E, 628.66 feet along the North line of the
Northwest Quarter(NW'/4)of said Section 22 to the North Quarter corner;thence S 89°56'56"E,928.93 feet along the
North line of the Northeast Quarter(NE '/4)of said Section 22 to the Northwest corner of H.P. Jensen's Subdivision;
thence S 00°16'21"W,507.33 feet along the West line of said H.P.Jensen's Subdivision;thence S 24°26'29"W,35.20
feet along H.P.Jensen's Subdivision;thence S 87°49'44"W, 149.80 feet along the Northwesterly line of H.P.Jensen's
Subdivision;thence S 2291'56"E, 74.28 feet along H.P. Jensen's Subdivision;thence N 89°56'58"W, 408.46 feet
along the Northerly line of Parcel"G"in the West Half of the Northeast Quarter(W'/z NE'/4)of said Section 22;thence
S 00020'15"W,225.92 feet along the Westerly line of said Parcel"G";thence N 89°57'27"W,395.18 feet along the
Northerly line of said Parcel"G";thence S 0093'28"W,74.73 feet along the Westerly line of said Parcel"G"to the
Northeast corner of Parcel"J"in the Northwest Quarter(NW `/4) of said Section 22;thence S 89°55'44"W, 1109.83
feet along the North line of said Parcel"J";thence S 00°46'31"E,323.35 feet along the Westerly line of said Parcel"J"
to the Northeast corner of Parcel "C"in the Northwest Quarter(NW '/4) of said Section 22; thence S 89°56'34"W,
560.39 feet along the North line of said Parcel"C"to the Northwest corner of said Parcel"C,"also being the Northeast
corner of Parcel`B"in the Northwest Quarter(NW'/4)of said Section 22;thence S 89°56'34"W,957.96 feet along the
North line of said Parcel`B"to the West line of the Northwest Quarter(NW'/4)of said Section 22;thence N 00°02'52"
W, 1291.95 feet along the West line of the Northwest Quarter(NW '/4)of said Section 22 to the point of beginning.
Parcel "L" Alternate Description: Parcel "L" in the North Half(N ''/z) of Section 22,
Township 84 North,Range 24 West of the 5`hP.M., Story County,Iowa,as shown on the"Plat of Survey"filed in the
office of the Recorder of Story County, Iowa, on January 17, 2012, and recorded as Instrument No. 12-00476 on
Slide 425,Page 4.
0) Parcels 10 and 17: Outlot X,Rose Prairie Final Plat,Ames,Story County,Iowa,AND Units
1 to 279,inclusive,in Rose Prairie,a condominiumin Ames,Story County,Iowa,together with all appurtenances thereto,
including an undivided fractional interest in the common elements,areas and facilities as determined for said unit by the
provisions of,and in accordance with,the Declaration of Horizontal Property Regime for Rose Prairie filed in the office
2
of the Recorder of Story County,Iowa,on April 29,2009,as Inst.No.09-04556(and any supplements and amendments
thereto). Rose Prairie,as presently constituted,is located on Lot 2,Rose Prairie Final Plat,Ames,Story County,Iowa.
(k) Parcel 11: Lot One(1),Rose Prairie Final Plat,Ames, Story County,Iowa.
(1) Parcel 12: Parcel"B"in the Northwest Quarter(NW 1/4)of the Northeast Quarter(NE 1/4)
of Section Twenty-one(21), Township Eighty-four(84)North, Range Twenty-four(24) West of the 5'P.M., Story
County,Iowa,as shown on the"Plat of Survey"filed in the office of the Recorder of Story County,Iowa,on the 9th day
of April, 1997, and recorded in Book 14,at Page 185.
(m) Parcel 13: The SW 23.8 acres of the property Beginning at a point 1,009.0 Feet North of the
West Quarter(W`/4) Corner of Section Twenty-one(21), Township Eighty-four(84)North, Range Twenty-four(24)
West of the 5'h P.M., Story County,Iowa,Thence continuing North on the West Line of said Section 21, 330.0 Feet,
Thence South 89°38'East 410.0 Feet,Thence South 330.0 Feet,Thence North 89°38'West 410.0 Feet to the Point of
Beginning,as shown on the map in Appendix"W".
(n) Parcel 14: Parcel"G"apart of the SW'/4 of Section 21,Township 84 North,Range 24 West
of the 5"P.M.,Story County,Iowa,as shown on the"Plat of Survey"filed in the office of the Recorder of Story County,
Iowa,on December 18,2003,as Inst.No. 03-25077, Slide 192,Page 1.
(o) Parcel 15: SW'/4 of- Section 21;Township 84 North;Range 24 West of thd'':.M.,except
the right of way of the Chicago&Northwestern Railway Company.
(p) Parcel 16: The West 26.038 acres of all that part of the Northwest Quarter(NW'/4)of the
Southwest Quarter(SW '/4)of Section Thirty-one(31),lying North of the right-of-way and C.&N.W.,all in Township
Eighty-four(84)North,Range Twenty-four(24)West of the 5"P.M.,Story County,Iowa; The South Half(S''/2)of the
Southeast Quarter(SE 1/4)of Section Twenty-one(21),Township Eighty-four(84)North,Range Twenty-four(24)West
of the 5`h P.M., Story County,Iowa,except railroad right-of-way;and The South Half(S '/2)of the Northwest Quarter
(NW 1/4)of Section Twenty-two(22),Township Eighty-three(83)North,Range Twenty-four(24)West of the 5'P.M.,
Story County,Iowa.
(q) Parcel 18: Parcel"A"in the Northeast Quarter of the Southeast Quarter(NE '/4 SE '/4)in
Section 21,Township 84 North,Range 24 West of the 5'P.M., Story County,Iowa,as shown on the"Plat of Survey"
filed in the office of the Recorder of Story County,Iowa,on May 31, 1996,as Instrument No.96-05211,in Book 13 at
Page 249.
(2) There shall be three separate fee districts within the sanitary sewer connection district. Each parcel
shall be responsible for the fee for each district in which it lies.The fee for connection of a property within the aforesaid
district to the sanitary sewer utility shall be as follows:
(a) District#1:
a. District#1 of the sanitary sewer connection district shall include parcels 1,2,3,4,
5,6,7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, and 18.
b. The original connection fee for sanitary sewer service in District#1 is$1,641.36
per acre of property served by the connection.
(b) District#2:
a. District#2 of the sanitary sewer connection district shall include parcels 6,7,8,and
9.
b. The original connection fee for sanitary sewer service in District#2 is an additional
$1,204.80 per acre of property served by the connection.
(c) District#3:
a. District#3 of the sanitary sewer connection district shall include parcel 16.
b. The original connection fee for sanitary sewer service in District#3 is an additional
$1,341.53 per acre of property served by the connection.
(3) Annual Increase in connection fees.
(a) For the purposes of accounting for the costs incurred by the City of Ames to finance
improvements,the connection district fee shall increase on an annual basis.
(b) The fees shall increase using a simple interest rate of approximately five(5)percent annually
for a period of at least twelve(12)years.
(c) The approximate five (5) percent annual increase in the connection district fees shall be
based on the original connection fee of$1,641.36 in District#1; $1,204.80 in District#2;
$1,341.53 in District#3,and will be rounded to an even dollar amount per year. Thus,the
connection district fee will increase at a rate of$83 per year in District#1,$60 per year in
District#2, and$67 per year in District#3. Appendix"W" shows the tabulations of the
connection district fees for District#1, District#2, and District#3 for each of the twelve
3
years beginning on April 22,2014,increasing on July 1 each year following,and ending on
July 1,2026.
(d) After July 1,2026,the connection district fees will continue to increase at a rate of$83 per
year in District#1, $60 per year in District#2, and$67 per year in District#3,unless the
connection fee annual increase is modified by the City of Ames."
Section Two. All ordinances, or parts of ordinances, in conflict herewith are hereby repealed to the extent
of such conflict,if any.
Section Three. This ordinance shall be in full force and effect from and after its passage and publication as
required by law.
ADOPTED this 6`h day of May,2014.
5RpU` � ��i'Ylti cJb'• �L�1�Ki
D ane'R:°Voss, City Clerk Ann H.Campbell,Mayor
1^'t
Y
4