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HomeMy WebLinkAbout~Master - Covenant Pertaining to Annexation for 3615 Zumwalt Station Road RESOLUTION NO. 16-671 RESOLUTION APPROVING COVENANT PERTAINING TO ANNEXATION FOR 3615 ZUMWALT STATION ROAD FOR THE CITY OF AMES WHEREAS, 3615 Zumwalt Station Road is located within Story County and the Urban Services Area Designation of the Ames Urban Fringe (AUF)Plan; and, WHEREAS, the site is approximately one-quarter of a mile west of the intersection of State Street and Zumwalt Station Road, and the 3615 Zumwalt property contains a home owned by the Sanders; and, WHEREAS, the larger farmland to the north and west is owned by Champlin Farms, LLC, and has no residence on the property, and, WHEREAS, a proposed boundary line adjustment resolves a dispute of ownership of approximately 60 feet of land along the rear property line of the 3615 Zumwalt Station Road property, and as part of the survey approval, the applicant requests the City Council waive the requirement to completely survey the existing boundaries of both properties that are part of the boundary line adjustment and accept the complete survey of the smaller adjusted property at 3615 Zumwalt Station Road; and, WHEREAS, the subject Champlin property with this plat of survey is approximately 60 acres and surrounds the Sanders' 1.6-acre parcel on the west and to the north, and the Sanders seek to increase their parcel size as a result of a settlement between the two property owners giving the Sanders legal title to a strip of land they thought they already owned; and, WHEREAS, to do so requires moving of the north property line approximately 60 feet further north; approximately 0.93 acres would be exchanged between the two sites as part of the boundary line adjustment; and, WHEREAS, the Ames Urban Fringe Plan designates the future use of this property as Urban Residential, and for property in Story County with this land use designation, the area is to be urban in character and become part of a municipal jurisdiction as it develops, under the 28-E Intergovernmental Agreement with Story County; and, WHEREAS, the Urban Residential designation is to be annexed and then developed at an urban density with infrastructure and subdivision, and development of property, including subdivision, is typically required to be annexed to the City prior to approval of development; and, WHEREAS, authority to approve subdivisions within the Urban Residential area has been delegated exclusively to the City as part of the 2 8-E Agreement; however, both property owners do not wish to annex at this time; and, WHEREAS, the Sanders have provided a signed covenant agreeing to future annexation ads is customary by the City for rural development; and, WHEREAS, waiving the infrastructure requirement for a subdivision is usually the basis for requiring the property owner to sign three customary agreements pertaining to fiture annexation, assessment, and water buy-out; however, the only agreement that is necessary in this situation is an Annexation Agreement, since it is a boundary line adjustment that does not permit additional development; and, WHEREAS, at this time,there is no plan to further urbanize this area. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Ames, Iowa, that the Covenant pertaining to Annexation for property at 3615 Zumwalt Station Road is hereby approved. ADOPTED THIS 15t' day of November, 2016. Diane R. Voss, City Clerk Arm H. Campbell, Mayor Introduced by: Orazem Seconded by: Betcher Voting aye: Beatty-Hansen, Betcher, Corrieri, Gartin,Nelson, Orazem Voting nay: None Absent: None Resolution declared adopted and signed by the Mayor this 15' day of November, 2016.