HomeMy WebLinkAboutA005 - Story County, Iowa Resolution No. 03-29 adopted January 28, 2003 5 P A C E A B 0; V E_: R E: S E R V ES D F 0 R:.; 0 F F I C I A L U S fl
PREPARED Br: Franklin J.Feilmeyer,618 Douglas Ave.,P.O.Box 270,Ames,IA 50010—Telephone:515-239-5000
STORY COUNTY, IOWA
RESOLUTION NO. -0j-2 i
A resolution finding the County subdivision ordinance inapplicable and
waiving the County's right to review and to apply the County's standards and
conditions for "subdivision plats"to "Palensky Subdivision,Story County,Iowa."
BE IT RESOLVED by the Board of Supervisors of Story County, Iowa:
1. The Board of Supervisors has authority,as described in article III,section 39A of the Constitution
of the State of Iowa and in chapters 354 and 355 of the Code of Iowa (2003) and under the ordi-
nances of Story County, Iowa, to review and approve subdivision plats of lands lying within the
unincorporated territory of the county.
2. Edwin B.Finch and Mary E.Finch,husband and wife,have executed and filed a"Consent to Plat-
ting"for a subdivision known as "Palensky Subdivision, Story County, Iowa,"which is a replat
of certain real property within the unincorporated territory of Story County and within two miles
of the corporate limits of the City of Ames,more particularly described as:
A part of the West Fractional %2 of the Northwest Fractional '/4 of Section 18, Township 83
North, Range 24 West of the 5th P.M., Story County, Iowa more particularly described as fol-
lows: Beginning at the Northwest Corner of said Section 18; thence North 89' 46'42" East,
1,482.33 feet to the Northeast Corner of the Northwest Fractional '/4 of the Northwest Frac-
tional '/4 of said Section 18; thence South 00' 00' 58" East, 2,633.80 feet to the Southeast
Comer of the Southwest Fractional '/4 of the Northwest Fractional '/4 of said Section 18;
thence South 89' 52'00"West, 1,483.90 feet to the West %4 Corner of said Section 18;thence
North 00' 02' 11"East, 1,316.83 feet to the Southwest Corner of the Northwest Fractional '/4
of the Northwest Fractional '/4 of said Section 18; thence North 001 00' 00" East, 90.80 feet
along the west line of said Section 18 to the Southwest Corner of Windy 500 Subdivision;
thence following the boundary of said Windy 500 Subdivision North 89'33'59"East, 839.18
feet;thence North 00'33'47"East,286.82 feet;thence North 89' 12'28"West, 842.06 feet to
the Northwest Corner of Windy 500 Subdivision; thence North 00' 00' 00" East, 919.09 feet
to the point of beginning.
3. By Resolution 03-014, approved January 14,2003,the City Council of the City of Ames reviewed
and approved said "Palensky Subdivision, Story County, Iowa," in accordance with and as re-
quired by Ames municipal ordinances as a"minor subdivision plat."
4. In accordance with the subdivision ordinance of Story County and upon the recommendation of
the Story County Planning and Zoning Department and the Story County Attorney, the Board of
Supervisors finds that the Story County subdivision regulations and standards do not apply to the
division of land in"Palensky Subdivision, Story County, Iowa" and that the regulations and stan-
dards for a"plat of survey"should be applied.
5. Having determined that the described land division should be treated by Story County as a"plat of
survey," but upon the request of the proprietors for the purpose of satisfying the requirements of
section 354.9(2) of the Code of Iowa (if any), the Board of Supervisors hereby waives Story
County's right to review and to apply Story County's standards and conditions for "subdivision
plats"to"Palensky Subdivision, Story County,Iowa."
FJF 20030128140208 SHARP,JAHN,FEILMEYER,FEILMEYER&KEENAN,plc
Attorneys at Law•Ames,Iowa
RESOLUTION WAIVING REVIEW OF PLAT Page 2
6. Pursuant to section 354.9(2) of the Code of Iowa, the Auditor shall certify this resolution and
cause it to be recorded in the office of the Recorder.
7. The Board of Supervisors finds this resolution appropriate and necessary to protect,preserve, and
improve the rights,privileges,property,peace, safety,health,welfare,comfort,and convenience of
Story County and its citizens, all as provided for in and permitted by section 331.301 of the Code
of Iowa(2003).
8. All other resolutions or parts of resolutions in conflict with this resolution are hereby repealed. If
any part of this resolution is adjudged invalid or unconstitutional, such adjudication shall not af-
fect the validity of the resolution or action of the City Council as a whole or any part thereof not
adjudged invalid or unconstitutional. This resolution shall be in full force and effect from and af-
ter the date of its approval as provided by law.
APPROVAL
IN WITNESS of the adoption this date by the Board of Supervisors, the undersigned chairperson
of the Board of Supervisors hereby executes the same on the -Z VL day of
2003.
X�:
WAYNE CLINTON,Chairperson
Attest: /S/
MARY MOSIMAN,Auditor
FJF N 20030128140208 SHARP,JAHN,FEILMEYER,FEILMEYER&KEENAN,plc
Attorneys at Law•Ames,Iowa
RESOLUTION WAIVING REVIEW OF PLAT Page 3
RECORD OF BOARD PROCEEDINGS FOR RESOLUTION NO. �Z q
The Board of Supervisors of Story County, Iowa, met in regular session in the board room of the
Story ounty Administrative Building, Nevada, Iowa, at _.M., on the `day of
2003, with the Chairperson presiding and the following Supervisors pre-
sent and absent:
Present: 6 r 1>I
Absent: (__^-e_
Supervisor introduced the resolution and moved its adoption. Supervisor
c seconded the motion to adopt. Upon consideration,the Chairperson put the question on
e motion. The roll was called and the Supervisors voted as follows:
Yes: •1 r�. '.. d t.:� a�.
No: AbsendAbstain:
The Chairperson declared the resolution adopted.
AUDITOR'S CERTIFICATE
I, the undersigned, the duly appointed, qualified, and acting Auditor of Story County, Iowa, do
hereby certify that I have custody of the complete records of the Board of Supervisors of Story County,
Iowa;that the foregoing Resolution is a true and exact copy of Resolution No.�; and that forego-
ing Record of Proceedings is a true, correct, and complete statement regarding the proceedings and acts of
and the measures duly adopted by the Board of Supervisors of Story County, Iowa, at a meeting thereof as
stated in the Record of Council Proceedings.
WITNESS MY SIGNATURE AND THE SEAL of Story County, Iowa, on this `day of
O[SEAL] MARY MOSIMAN,Story County Auditor
FJF,a 20030128140208 SHARP,JAHN,FEILMEYER,FEILMEYER&KEENAN,plc
Attorneys at Law•Ames,Iowa