HomeMy WebLinkAboutA002 - Council Action Form dated January 27, 2015 - PULLED 4
ITEM*-2 .
DATE:
COUNCIL ACTION FORM
SUBJECT: PLAT OF SURVEY FOR 4316 ONTARIO STREET (SAWYER SCHOOL)
BACKGROUND:
Subdivision regulations for the City of Ames are part of Chapter 23 of the Ames Municipal
Code. The Subdivision Code includes the process for creating or modifying property
boundaries and for determining if any improvements are required in conjunction with the
platting of property. The City also uses the Subdivision Code as means of reviewing the
status of conveyance parcels, which are non-conforming lots created through a private
conveyance of land, to determine if the lot is indeed a buildable lot. A Plat of Survey is a
single-step review within Section 23.308 for City Council approval of minor activities, such
as boundary line adjustments and conformance determination of conveyance parcels.
The proposed Plat of Survey is for the platting of a conveyance parcel to create a
legalized lot for permitting purposes. This property is owned by Ames Community
School District. (See Attachment A, Location Map.) The lot is located along the
south side of Ontario Street at the corner of Ontario Street and North Dakota, the
current site of Sawyer School. The Plat of Survey will officially plat the existing
boundaries of the parcel to create a single 10.84 acre lot. (See Attachment B, Plat of
Survey.)
The current parcel also includes a portion of street right of way at the centerline of Ontario
Street. The Public Works Department has asked that the right-of-way portion of the
property be transferred to the City for public right of way at the time of platting of the lot.
The area to be transferred is shown on the accompanying acquisition plat (Attachment C)
and the property will be transferred to the City by quit claim deed. The deed is scheduled
for approval at the Ames Community School District Board meeting scheduled for Monday;
January, 26, 2015. A draft of the deed is attached for reference (Attachment D). If the
School Board does not approve the quit claim deed as scheduled, action on this Plat of
Survey will not be recommended. No other improvements are needed or required in
conjunction with the plat of survey for the property.
Approval of this plat of survey will allow the applicant to prepare the official plat of survey, .
and the Planning and Housing Director to review and sign the plat of survey confirming
that it fully conforms to all conditions of approval. The City will record the Acquisition Plat
and the signed Quit Claim Deed thereby transferring the right of way to public property.
The prepared plat of survey may then be signed by the surveyor, making it the official plat
of survey, which may then be recorded in the office of the County Recorder.
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ALTERNATIVES:
1. The City Council can approve the Plat of Survey and the acquisition of the Right of Way
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in order to plat the property at 4316 Ontario Street and take ownership of that portion of
the Right of Way for Ontario Street with the following approvals:
a. The City Council can adopt a resolution approving the proposed Plat of
Survey for 4316 Ontario Street, and
b. The City Council can adopt a resolution approving the Acquisition Plat for
street Right of Way on Ontario Street, and
C. The City Council can adopt a resolution approving the Quit Claim Deed
conveying street right of way from the property owner to the City of Ames.
2. The City Council can deny the proposed plat of survey if the City Council finds that the
requirements for plats of survey as described in Section 23.308 have not been
satisfied.
3. The City Council can refer this back to staff and/or the owner for additional information.
CITY MANAGER'S RECOMMENDED ACTION:
Staff has determined that the proposed plat of survey satisfies all code requirements and
has made a preliminary decision of approval. Therefore, it is the recommendation of the
City Manager that the City Council accept Alternative #�, thereby adopting the resolution
approving the proposed Plat of Survey for 4316 Ontario Street, the Acquisition Plat, and
the quit claim deed for conveyance of street right-of-way Ito the City of Ames.
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ADDENDUM
PLAT OF SURVEY FOR 4316 ONTARIO STREET
Application for a proposed plat of survey has been submitted for:
® Conveyance parcel (per Section 23.307)
❑ Boundary line adjustment (per Section 23.309)
❑ Re-plat to correct error (per Section 23.310)
❑ Auditor's plat (per Code of Iowa Section 354.15)
The site is located at:
Owner: Ames Community School District
Street Address: 4316 Ontario Street
Assessor's Parcel #: 0905100010
Legal Description Parcel N: The West 723 feet of the Northwest Fractional Quarter of the
Northwest Fractional Quarter, except the North 35.00 feet thereof, and except the West
40.00 feet of that part lying South of the North 35.00 feet thereof, and the West 723 feet of
the North 459.2 feet of the Southwest Quarter of the Northwest Fractional Quarter, except
the West 40.00 feet thereof, all in Section 5, Township 83 North, Range 24 West of the 5th
P.M., City of Ames, Iowa: and the East 20 feet of Lot 9, Sixth Addition to Ontario Heights
Subdivision to Ames, Story County, Iowa, and all together being more particularly
described as follows: Commencing at the Northwest Corner of said Section 5; thence
S00°02'23"E, 35.00 feet along the West line of said Section 5; thence S89006'19"E, 40.01
feet to the intersection of the East line of North Dakota Avenue with the South line of
Ontario Street and point of beginning; thence S89006'19"E, 683.02 feet along the South
line of Ontario Street to the Northwest Corner of Lot 1 in Ontario Heights Subdivision,
Fourth Addition to Ames, Iowa; thence SOOOOO'45"W, 660.29 feet to the Northwest
Corner of Lot 11 in said Sixth Addition to Ontario Heights Subdivision; thence
S00°01'13"W, 152.69 feet to the Southeast Corner of said Lot 9; thence N89004'17"W,
20.00 feet along the South line of said Lot 9; thence N00000'19"E, 124.89 feet; thence
N89004'33"W, 662.36 feet along the North line of said Sixth Addition to Ontario Heights
Subdivision said point being on the East line of North Dakota Avenue; thence
N00002'23"W, 687.75 feet along said line to the point of beginning, containing 10.84 acres.
Public Improvements:
The preliminary decision of the Planning Director finds that approval requires all public
improvements associated with and required for the proposed plat of survey be:
❑ Installed prior to creation and recordation of the official plat of survey and
prior to issuance of zoning or building permits.
❑ Delayed, subject to an improvement guarantee as described in Section
23.409.
® Not Applicable.
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It was requested that the right of way easement area be transferred to public right of way.
The attached acquisition plat and quit claim deed address the right of way request.
Note: The official plat of survey is not recognized as a binding plat of survey for permitting
purposes until a copy of the signed and recorded plat of survey is filed with the Ames City
Clerk's office and a digital image in Adobe PDF format has been submitted to the Planning
& Housing Department.
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ATTACHMENT A
LOCATION MAP
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ATTACHMENT B
PROPOSED PLAT OF SURVEY
R. BRADLEY STUMBO P.O. BOX 1664 AMES, IOWA 500i0 _ 51:5-233-3689
PLAT OF SURVEY
NW CORNER ONTARIO STREET NS/4 CORNER
SEC. 5-83-24 FOUND CUT 'X' BEC. '5-83-24
FOUND 1/2' REBAR (ROW VARIES) IN CONCRETE FOUND ALUM..
W/ ILLEG. CAP Rec. As 723' (TYPICAL) MONUMENT
S89-06'f9'E 723.06' BB9'06'19'E 1941.72'
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No FOUND 'V' CUT
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ONTAR 0 HEI 6T ADD. 124
TS SU D., 125.o (R) E CORNER
92.e4a'(M) LOT 9
N]/4 CORNER SW CORNER 14s.73'(M)
SEC. 5-83-24 E. 20' LOT 9 N89'04'17'X
CUT 'X' IN SET 1/2' REBAR 20.00,
CONCRETE W/ YELLOW CAP
017161 (TYPICAL)
Survey Description-Parcel 'N':
The West 723 feet of the Northwest.Fractional Quarter of the Northwest Fractional Quarter, excspt.the
North35.00 feet thereof, and except the West 40-.00 feet of that part lying Southof. the North 35.00
feet thereof,and the West 723 feetof the North 459.2 feet 0f the Southwest Guarter.ofthe Northwest
Fractional Quarter, except-the West 40.00 feet thereof. all in Section 5,. Township 83 North, Range-24
West of the 5th1P,M., City of Ames. Iowa: and the East 20 feet ofLot 9, Sixth Addition to Ontario
Heigghts Subdivision to Ames, Story County, Iowa, and all together being more particularly described
asfollows• Commencing at the Northwest Cornerof-said Section 5 thence S00'02'23'E, 35.00 feet along
the West line of said Section:S; thence SB9'06'19'E, 40.01 feet to the intersection of the East line
of North Dakota.Avenue with theSOuth line of Ontario Street and point of beginningy; thence 589'06'19'E,
683'.02 feet along the South line of Ontario Street.to the Northwest Corner of Lot. f in Ontario Heights
Subdivision, Fourth Addition to Ames. Iowa: thence SOO'00'45'W, 660.29 feet to the Northwest Corner of
Lot 11 in said'Sixth Addition to Ontario Heights Subdivision; thence S00'01']3'W, .152.6g feet to the
Southeast Corner of said Lot 9' thence N89104'17'W. 20.00 feet along the South line of said Lot 9:
thence N00'00'19'E, 124.89 feet thence NB9'04'.33'W, 662.36 feet along the North line of said Sixth
Addition to Ontario Heights Subdivision, said point-being on the'East lane of North Dakota Avenue:
thence N00'02'23'W, 687.75 feet along said line--.to.the point of beginning, containing 10.84 acres.
GRAPHIC SCALE 1"=150'
PROPRIETOR:
L ENE AMES COMMUNITY SCHOOL DISTRICT
0 150 300 450 SURVEY REQUESTED.BY: GERRY PETERS
Certification: I hereby certify that this land surveying
document was prepared and the related survey work was performed QpOLEy STG
by me or under my direct personal supervision and that I am a 0 VCENsFo 4B
duly licensed Land Surveyor under the laws of the State of Iowa. q, o
171fii �
Date:
R. Bradley Stmo License #17161
My Jobf13576_PSAnwt December license e 3 0 Page1 of15 6ssloN4L L
Fieldwork Completed: 6/10/13
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ATTACHMENT C
ACQUISITION PLAT
R. BRADLEY STUMBO P.O. BOX 1664_ AMES. .IOWA 50010 515--233--3689.
ACQUISITION PLAT
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ATTACHMENT D
DRAFT QUIT CLAIM DEED
DO NOT WRITE IN THE SPACE ABOVE THIS LINE;RESERVED FOR;RICORDER.
Prepared by.-Jessi:caD:Spoden.City ofAines Legal Department,515 Clark Ave.,Ames,IA 50010;,(515)239:51'46
Retmi document to: Armes City Clerk,5:1'5 Clark Ave.,.Antes,IA 50010
Address tax statement to: City of Arries:515 C1ark.Ave. Ames•IA 50010
QUIT CLAIM DEED
I{NOtiV:ALL MEN BY THESE PRESENTS:
That Ames Conununity School District, in consideration of good and valuable
consideration, does hereby Quit Claim unto the City of Ames, Iowa,, all the right, title and
interest in_the following described real estate situated in Story County,Iowa,to-wit:
The North 33 feet oft e west 723 feet,of the Northwest Quarter of Section 5,
Township 83 NoIt11,Range 24 West of the 5"P.M.,City of Alnes, Story County,
Iowa.
This deed is exempt from transfer tax pursuant to Iowa Code section 428A.2(6).
Words and phrases herein, including the acknowledgement hereof, shall,be construed as
in the singular or,plural number,.and as masculine, felninine or neuter gender;according to the
context.
AXIES COMMIJNITY SCHOOI.;.DISTRICT
GPUNTOR
By
Lucas Deatdortt Board President
Ry
Karen Shimp.Board'Secretary
STATE OF IOW. COUNTY OF STORY,ss:
This instrument was acknowledged before me on 2015;byLucas Deardorff and
Karen Shimp,as Board President kind Board Secretary;respectively,of Ames Community Sch000l District.
Notary Pub]ic in and for the State of Iowa.
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