HomeMy WebLinkAbout~Master - Request to voluntarily sever territory annexed at 398 S. 500th Avenue and 5508 Lincoln Way DO NOT WRITE IN THE SPACE ABOVE THIS LINE,RESERVED FOR RECORDER
Prepared by:City Clerk's Office,515 Clark Avenue,Ames,IA 50010
Return to:Ames City Clerk,P.O.Box 811,Ames,IA 50010 Phone:515-239-5105
RESOLUTION NO. 18-070
RESOLUTION APPROVING REQUEST TO VOLUNTARILY SEVER
TERRITORY ANNEXED BY RESOLUTION NO. 17-125 (398 SOUTH 500TH
AVENUE AND 5508 LINCOLN WAY)FROM THE CITY OF AMES, IOWA
WHEREAS, the City of Ames annexed 35.69 acres in March 2017 at the request of the property
owners, George Behtsos and Peter Wolfe and John Crane, described as follows:
Parcel 1:
Lots 1 through 39 and A Street and B Street and the West 33.00 feet of said Northwest
Quarter lying adjacent to the West line of said Lots 1-8, all in Seymour Heights
Subdivision in the Northwest Quarter; all in Section 7, Township 83 North, Range 24
West of the 5th P.M., Story County, Iowa;
Parcel 2:
Parcel D in the East Half of the Northwest Quarter of Section 7, Township 83 North,
Range 24 West of the 5t' P.M., Story County, Iowa, as shown on the Plat of Survey filed
in Book 11, Page 232, and,
The West Half of the Northwest Quarter of Section 7, Township 83 North, Range 24
West of the 5th P.M., Story County, Iowa; and,
Except the South 40 Acres thereof, and,
Except Seymour Heights Subdivision therein; and,
Except a tract of land described as follows: Beginning at the Northwest Corner of the
said Section 7; thence running East, 783 feet along the north line thereof thence South,
747 feet; thence West, parallel with the North line of said Section 7, 791.65 feet to the
West line of said Section 7; thence North, 747.05 feet along said West line to the point
of beginning; and,
Except all roadways and easements of record previously granted to the State of Iowa.
Story County, Iowa, or others;
and,
WHEREAS, a Pre-Annexation Agreement between the City and the property owners was
approved with the annexation to address future development options and improvement obligations if
certain conditions precedent were completed; and,
WHEREAS, the Agreement included a provision to allow for property owners to seek
severance of the properties from the City within two years of their annexation if the conditions
precedent of the Agreement were not met; and,
WHEREAS, severance of territory from a city is governed by Iowa Code, and it allows for
voluntary severance of property; and,
WHEREAS, the process requires a city to resolve the value of assets and distribution of
liabilities prior to approving the severance of territory; and,
WHEREAS, there have been no improvements, public or private, made to the properties
since the annexation was approved;therefore, there are no assets or liabilities to distribute; and,
WHEREAS, a written request has been filed to sever from the City the 3 5.69 acres of land
owned by George Behtsos and Peter Wolfe and by John Crane.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Ames, Iowa,
that the request to sever the Behtsos/Wolfe (5508 Lincoln Way) and Crane (398 South 500"
Avenue)properties from the City of Ames is hereby approved.
ADOPTED THIS 13th day of February, 2018.
Diane R. Voss, City Clerk John A. Haila, Mayor
Introduced by: Nelson
Seconded by: Betcher
Voting aye: Beatty-Hansen, Betcher, Corrieri, Gartin, Martin,Nelson
Voting nay. None Absent: None
Resolution declared adopted and signed by the Mayor this 13th day of February, 2018.