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Home My WebLink AboutA002 - Council Action Form dated April 8, 2003 w ITEM # DATE 04/08/03 COUNCIL ACTION FORM SUBJECT: RESOLUTION APPROVING THE FINAL PLAT FOR GENE HARRIS SECOND ADDITION AND APPROVING A COVENANT PERTAINING TO WATER SERVICE AND A COVENANT FOR THE ASSESSMENT OF COSTS OF IMPROVEMENTS. BACKGROUND: The property owner is requesting that the Final Plat for Gene Harris Second Subdivision be approved. The subject site is located approximately one mile west of the corporate limits of Ames in Boone County, but within the two-mile jurisdiction area of the City of Ames. The property is generally located north of West Lincoln Way, north and west of the current end of a street, named "XE Place", including approximately 31.073 acres. The property owner now proposes to subdivide the land area into two (2)lots and three (3) outlots, as shown on the attached Final Plat. In addition, XE Place will be extended north from the north boundary of Gene Harris First Subdivision, to provide access to Lot 1. XE Place will then curve from the south boundary to the west boundary of Lot 1. The Boone County zoning designation for the land included in this subdivision is C-1 (Commercial). On January 28, 2003, the Ames City Council passed a resolution approving a waiver of the requirement to install sanitary sewer and water infrastructure for this subdivision with the following stipulation: • That the property owner be required to sign, prior to approval of the Final Plat, a waiver of the rights to appeal assessments agreement, and an agreement that requires the property owner to pay any and all costs related to disconnection of the rural water facilities at the time land in the Gene Harris Second Subdivision is annexed into the City of Ames. (See the attached agreements.) There are no public street improvements, except the extension of XE Place, to be installed for this subdivision. Lots 1 and 2 will have access from XE Place. Staff believes all stipulations of the Preliminary Plat approval have been met and recommends approval of the Final Plat for Gene Harris Second Subdivision. ALTERNATIVES: 1. The City Council can approve the Final Plat for Gene Harris Second Addition and a Covenant Pertaining to Water Service and a Covenant for the Assessment of Costs of Improvements. 2. The City Council can deny approval of the Final Plat for Gene Harris Second Addition and a Covenant Pertaining to Water Service and a Covenant for the Assessment of Costs of Improvements. 3. The City Council can approve the Final Plat for Gene Harris Second Addition and a Covenant Pertaining to Water Service and a Covenant for the Assessment of Costs of Improvements, with modifications. MANAGER'S RECOMMENDED ACTION: It is the recommendation of the City Manager that the City Council approve Alternative#1. This will approve the Final Plat for Gene Harris Second Addition and a Covenant Pertaining to Water Service and a Covenant for the Assessment of Costs of Improvements. COUNCIL ACTION: 2 FINAL PLAT GENE HARRIS SECOND SUBDIVISION PART' OF THE S 1/2. SW 1/4, SECTION 1, T83N, R25W INCLUDING A REPLAT OF LOT 7, GENE HARRIS FIRST SUBDIVISION BOONE COUNTY, IOWA NORTH LINE OF S 1/2, SW 1,/4 SECTION 1-821-25 S89'33'30 W 1073.883'� FOUND 1/2" 593.34' 400.49' Q IRON PIN TO BE SET 1/2' IRON PIN IRON F FOUND I/2" LOT A oho (/P CAL)CAP NO. 8504 NO ELL W CAP W/CAPI NO. 6586 2-00 ACRES N I _ (TYPICAL) . I JA CA^ N: RECORDED AS N 89'09 1 2' W 89'33'30' 3 90.28' FOUND 1/2" LOT 1 m co co w IRON PIN 171,561 SQ. FT. m g co I a w W/CAP NO. 8504 m 3.938.ACRES n o LOT 8 �v (TYPICAL) JP7B Z 1.669 ACRES 37n n n p u ,V„o y CURVE DATA: 11810' CURVE N0. 1 CURVE NO' 1 - a CURVE NO. 2 (RECORDED AS N89109'30'W) NO. PROPERTY LINE e LOT F S89'33'30'W °'�_13281?ACREj2 - N8935'54'E 2 RADIUS = 1a0.00' 480.50' 408'40' FOUND 1/2" ARC L = 157.90' a IRON PIN L• CHORD = 149.67' 1 6. F•L.9a'11.13 P37.69' W/CAP NO. 2880 ERG. S58'05'24"E 116.32 58.68' FOUND 1/2(TYPICAL) CURVE N0. 2 '4 10.017O A(RESRON PIN AP NO. 288ON CENTER LINE n o CURVE N0. 3 n14 „9 (TYPICAL) vf`r n RADIUS = 100.00' LOT 20.546 ACRES O N a ARC L = 92.89. lew. R-21' IPBO L. CHORD = 89.44' 175.00' N8835'54'E ERG. N635012"W 204.9a' 33.00 225.48 CURVE NO. 3 0 o I 50, PROPERTY LINE o 8 o W 3 N89'35'54"E OUTLOT H RADIUS = 60.00' v v m 28.190 ACRES ARC L 92.92' JP69, O o R=21' 153.53 0 0.177 ACRES IN ROAD L. CHORD = 83.91' F3 v N m BRG. N46'02'17"W 175.00' 9 N O I Z n JPBB v O_ V)o a m o JP67 Q oo I 175.00' 3� V N I N n F I STATE PLANE COORDINATES 0 175.00' K o J m I ONE CORNER OF LOT 1 m I NORTHING: 3472833.28 Z 10 0 W GRAPHIC SCALE EASTING: 4863502.73 010 10 o O 100 0 50 100 200 ELEVATION: 1024.31 ZWf < v dl 175.00' o QSE CORNER OF LOT 1 La v o l a a s (IN FEET) NORTHING: 3472441.37 175.00' z w l X 'po 1'=200' EASTING: 4863516.86 O I v J 3 c =I .. ELEVATION: 1025.67 0 11 o I IAYDPDR LOT W v J"s v NOTE: SOIL BORINGS ARE REQUIRED IN AREAS WITHIN - t75 THIS PLAT WHICH HAVE BEEN IDENTIFIED BY THE CITY OF AMES AS HAVING SOILS THAT MAKE CONSTRUCTION OF BUILDINGS DIFFICULT. 175.00' N o 12v157'R=216IPOINT OF BEGINNING 17 w� o 0 I S8 N8935'54'E N 115.00' �n 400.90.90' � 509.13' SW CORNER N01'40'28'W 'E• 1-83-25 230TH STREET e0.02' (f"D DOT MON.) N89'35'54'E_ 1099.00' N8935'54E 1,556.73' TO S 1/4 CORNER (FOUND ENGINE VALVE) PREPARED: 3-12-03 SHEET 2 OF-2 FINAL PLAT GENE HARRIS SECOND SUBDIVISION PART OF THE S 1/2, SW 1/4,. SECTION 1, T83N, R25W INCLUDING A REPLAT OF LOT 7, GENE HARRIS FIRST SUBDIVISION BOONE COUNTY, IOWA LEGAL DESCRIPTION: THAT part of the South half of the Southwest quarter of Section 1, Township 83 North, Range 25 West of the 5th P.M. , Boone County, Iowa, more particularly described as follows: Commencing at the Southwest corner of said Section 1; thence N8903515411E 1, 099.00 feet, along the south line of the Southwest quarter of said Section 1; thence N0104012811W 80.02 feet to the point of beginning of this description, which point is also on the north right-of-way line of public highway; thence N0104012811W 700.02 feet along the west line of Gene Harris First Subdivision; thence N890351541-E 175.00 feet; thence N0104012811W 140.00 feet; thence N89035'54"E 305.50 feet; thence N010401281-W 391.93 feet; thence S8903313011W, along the north line of said South half of the Southwest quarter, 1, 073 .83 feet; thence S0102010611E (.recorded as SOOo00'W) 175.00 feet; thence S8903313011W (recorded as N89009 1/21W) 90.28 feet; thence S01035'3011E (recorded as S00015125" E) 178.21 feet; thence S8903313011W (recorded as N8900913011W) 408.40 feet, to the west line of said Section 1; thence S0102010611E 233 .23 feet; thence N8803515411E 33 .00 feet; thence S08051136"E 201.70 feet; thence S0102410611E 330.00 feet; thence S52049106"E 165.10 feet; thence S88018'06"E 400.90 feet; thence N8903515411E 509.13 feet to the point of beginning, containing 31.073 acres, with 0 .18 acres subject to public road. BASIS OF BEARING: The bearing of N8903515411E along the south line of the Southwest quarter of Section 1, T83N, R25W, Boone County, Iowa, as shown on this plat, was used as the basis of bearing for this subdivision survey. MONUMENTATION: All property corner monuments shall be set on or before April 15, 2003 . OWNER/DEVELOPER: EUGENE B. HARRIS 1618 Woodhaven Circle Ames, Iowa 50010 Phone: 515-232-5364 ENGINEER & SURVEYOR: ESCHLIMAN ENGINEERING, INC. 1132 Country Club Drive Boone, Iowa 50036-5103 Phone: 515-432-7323 CERTIFICATE: I hereby certify that this land surveying document CR was prepared and the related survey work was ti,N performed by me or under my direct personal supervision and that I am a duly licensed Land 4 DALE' 11. U, Surveyor under the laws of the State of Iowa. A ESCHL1MAN . Signature: 4'-Z•o3 >�? �' Dale R. Es chl iman, P.E. & L.S. l, ;uuu'' March 12, 2003-Rev. 4-2-03 License No. 2880 My license renewal date is December 31, 2003 Pages or sheets covered by this signature and Seal: 1 & 2 of 2 PROJECT NO. 0219 FINAL SHEET 1 OF 2 Legal Department 515 Clark Avenue,P. 0.Box 811 �tyP-9 Ames,IA 50010 Quality Program ExcepRandService - Phone:515-239-5146 • Fax: 515-239-5142 April 3, 2003 The Honorable Ted Tedesco, Mayor, and Members of the City Council of the City of Ames, Iowa Re: Gene Harris Second Subdivision Dear Mayor Tedesco and Council Members: On the agenda for the April 8 meeting is the requested approval of the final plat of Gene Harris Second Subdivision. This is a rural subdivision in Boone County located within two miles of the City limits of Ames. There are two contracts associated with this mater that staff proposes as a substitute for the public improvements that are otherwise required for approval of a subdivision that comes within range of the City's jurisdiction. One agreement is entitled"Covenant for Assessment of Costs of Improvement". By this agreement future lot owners are bound to not bring litigation to challenge a future City assessment for the improvements usually required as a condition of approval of the plat. The other agreement relates to rural water. The City consents to rural water service in exchange for a promise, binding on future lot owners, to pay the costs the City may incur in acquiring or condemning the rural water system if the subdivision is ever annexed to the City of Ames. Yours truly, John R�. Olaus� City Attorney JRK:gmw c: Steve Schainker Paul Wiegand Brian O'Connell CAFAPPROVAL = SS BK& SL J K[,4N L-- JP To be sent to: Eugene B. Harris ,f doc ,,FJ 1618 Woodhaven Circle Ames, Iowa 50010 „��u �