HomeMy WebLinkAboutA013 - Resolution No. 10-115 adopted March 23, 2010 RESOLUTION NO. 10-115
RESOLUTION APPROVING FINAL PLAT OF
SECOND ADDITION,FRIEDRICH'S COMMERCIAL SUBDIVISION,
AND ACCEPTING DEDICATION OF CERTAIN LAND FOR UTILITY EASEMENTS
FOR THE CITY OF AMES,IOWA
WHEREAS, the City Council has authority, as described in Article III, Section 38A of the
Constitution of the State of Iowa and in Chapters 354 and 355 of the Code of Iowa, 2010, and under
the ordinances of the City of Ames, to review and approve subdivision plats of lands lying within the
corporate limits of the City and within two miles thereof,and,
WHEREAS, R. Friedrich and Sons, Inc., has executed a Consent to Platting for a subdivision
and has requested that the City review and approve the subdivision plat;and,
WHEREAS, the City Council finds that said subdivision plat together with all of the required
attachments and submissions comply with all requirements of Chapters 354 and 355 of the Code of
Iowa and the platting ordinance of the City of Ames;and,
WHEREAS, the City Council hereby accepts and approves the subdivision plat to be known
as Second Addition,Friedrich's Commercial Addition,Ames, Iowa,with the following stipulations:
1. That the Final Plat be approved only in conjunction with approval of the rezoning of
properties at 615, 725, and 729 East Lincoln Way and that the zoning boundaries
follow the platted lot lines between Lot 1 and Lot 3 and between Lot 2 and Lot 3,and
2. That, prior to recording the Final Plat with Story County, a section of sidewalk
(approximately 20 feet in length) be constructed by the property owner at the end of
the existing sidewalk, which will be oriented to the north for access to the building at
615 E. Lincoln Way. If the property owner chooses not to construct the sidewalk at
this time, financial security in an amount sufficient to cover the cost of installation
shall be provided to the City prior to recording the Final Plat.
WHEREAS,the subdivision plat is a replat of certain real property, which is more particularly
described as:
Lots 2,3,4,5, 6,7,8, and 9, Friedrich's Commercial Addition(also known as Auditor's
Plat of Friedriclfs Commercial Addition), and the adjacent 10 feet of Abandoned Right-
of-Way on East Lincoln Way; all of which were included as Parcel "A", on the Plat of
Survey, recorded on June 18, 2008,as Instrument 08-6773, on Slide 333, Page 4; and a
Replat of Lot 10,Friedrich's Commercial Addition,and the adjacent 10 feet of Abandoned
Right-of-Way on East Lincoln Way;and a part of the Southeast 'K of the Southeast '/.of
Section 2, T83N -R24W of the 5th P.M., all in the City of Ames, Story County, Iowa;
described as follows:
Commencing at the Southeast corner of the Southeast '/4 of Section 2,T83N- R24W of
the 5th P.M.,in the City of Ames,Story County,Iowa;thence N 02° 18'55"W,40.03 feet
along the east line of the SE.'/. of said Section 2, to the Point of Beginning; thence
continuing N 02° 18' 55" W, 945.77 feet along the east line of Lot 10, Friedrich's
Commercial Addition,and along the east line of the SE.'/.;thence S 81°01'31"W.511.15
feet along a line parallel with and 150 feet distant from the centerline of the South Track
of the Chicago and Northwestern Railway Company;thence S 02° 13'34" E,560.72 feet;
thence S 87°42'32"W,along the south line of East Second Street produced east, 191.06
feet,to an angle point on the north tine of Lot 1,Friedrich's Commercial Addition;thence
S 89° 23' 08" E, 53.72 feet along the north line of said Lot 1; thence S 00° 00'00" W,
296.75 feet along the west line of Lot 2, Friedrich's Commercial Addition; thence N 90°
00'00"E,658.51 feet along a line parallel with and 40 feet North of the south line of the
SE.%.of Section 2,to the Point of Beginning.
WHEREAS, the City Council hereby accepts the lands designated on said plat for easements;
and,
WHEREAS, the Clerk is authorized and directed to certify and affix to said plat a true copy of
this Resolution in accordance with Sections 354.8 and 354.11 of the Code of Iowa;and,
WHEREAS, the City Council finds this Resolution appropriate and necessary to protect,
preserve, and improve the rights, privileges, property, peace, safety, health, welfare, comfort, and
convenience of the City of Ames and its citizens,all as provided for in and permitted by Section 364.1
of the Code of Iowa(2010);and,
WHEREAS, 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 affect the validity of the Resolution or action of the city Council as a whole or
any part thereof and adjudged invalid or unconstitutional. This Resolution shall be in full force and
effect from and after the date of its approval as provided by law.
APPROVAL OF RESOLUTION: In accordance with Iowa Code Section 380.5, the
undersigned approves the foregoing as enacted on the 23 day of March,2010,by the City Council.
In Witness Whereof,I affix my signature on this /
23 day of March,2010: o
ANN H.CAMPBELL,MAYOR
Attested and Sealed with the seal of the City of .Ames, Iowa,on the date aforesaid by: CA1? 1�Q-Q�J
DIANE R.VOSS,CITY CLERK
�a �0
REsoaurtoN APPROVING SuumnsimV Page 3
RECORD OFCOUNaL PROCEEDINGS FOR RESOLUTIONNO. 10-115
The City Council of Ames,Iowa,met in regular session in the council chambers,City Hall,Ames,
Iowa, at Seven P.M., on the 23 day of Match ,2010, with the Mayor presiding and
the following Council Members present and absent:
Present: Davis, Goodman, Maha i, Crap wgr_,ha
Absent: T arson
Council Member Mqhqyni introduced the resolution and moved its adoption. Council
Member Goodman seconded the motion to adopt. The Mayor called for a vote upon the question
of the approval of the motion. The Council Members voted as follows:
Yes: Tlmri,a CoMman, Ma ayni _ OraypMUnCl,a
No: Nam Absent/Abstain: Larson
The Mayor declared the resolution adopted.
ote:The Clerk's Certificate is used to authenticate a duplicate of the original.The Clerk should not sign die certificate on the origin-
s) t. The Clerk should keep the original document and record of proceedings on file in the City's pern anent records at all
times.The uld complete the following on the duplicate when necessary to provide a"certified copy'of the original.
CLERK'S CERT TE: 1,the undersigned,the duly appointed,qualified,and acting City Clerk of the
City of Ames,Iowa,do here ify:that I have custody of the records of the City of Ames;that the fore-
going Resolution No. 's a true and exact copy of said resolution as filed and recorded in
my office;that said resolution was duly paThe Lncil, ed as shown by the attached
Record of Action.
In Witness Whereof,I have affixed my siand mes,Iowa on this dayof ,20 ACD>,t't't!cNt:at.IlP:ltt.: t;d� ,CLERK
FJFd7D100M41641 PASLEY & SINOER LAW FIRM, L.L.P.
Amcs, IOwA