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Home My WebLink AboutA003 - Resolution No. 23-555 adopted October 24, 2023 City of Ames, Iowa Resolution No. 23-555 Approving the final subdivision plat of Ansley Subdivision,First Addition,Ames, Story County, Iowa, and accepting the dedication of certain lands for street purposes and of various easements and approving public improvements agreements BE IT RESOLVED by the City Council of Ames,Iowa: 1 Authority.The City Council has authority, as described in article III,section 38A of the Con- stitution of the State of Iowa and in chapters 354 and 355 of the Code of Iowa(2023)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. 2 Subdivision Plat Proposed. City has received an application for a proposed subdivision to- gether with the submittals required by Iowa law and the City's ordinances made by Ansley Land,LLC,and Burgason Enterprises,L.L.C.,as the owners and Proprietors for the replat of certain real property described in the attached Schedule 1,which is incorporated by reference and made a part hereof as if set out fully, and said Proprietors have requested that the City review and approve the proposed subdivision plat. 3 Review and Recommendations.City staff and City's planning and zoning commission,as pro- vided by the City's ordinances,have reviewed the proposed subdivision plat,including all of the statutorily required attachments and submissions,and both have recommended to the City Council approval thereof as required by and in accordance with Iowa law and the City's ordi- nances. 4 Approval of Subdivision.Upon the recommendation of City staff and the Planning and Zon- ing Commission, the City Council hereby finds that the subdivision plat together with aII of the statutorily required attachments and submissions is complete and complies with all re- quirements of chapters 354 and 355 of the Code of Iowa and the platting ordinance of the City of Ames.The City Council, therefore, accepts and approves the subdivision plat to be known as: Ansley Subdivision,First Addition,Ames,Story County,Iowa, which is a replat of certain real property more particularly described as shown on Schedule 1. The City Clerk is authorized and directed to certify and to affix to said subdivision plat a true copy of this resolution in accordance with sections 354.8 and 354.11 of the Code of Iowa, and to deliver said certified copy to the Proprietors for recording with the subdivision plat in the office of the Recorder of Story County,Iowa. 5 Approval of Dedication. The City Council hereby approves the dedication and accepts the lands designated on said subdivision plat for street right-of-way and for easements.The City Council hereby dedicates said lands to the public in accordance with the accompanying written easement,subject to City's ordinances,rules,and regulations. b Public Improvements.Pursuant to the City's ordinances, the Proprietors of this subdivision plan are required to install at the expense of the Proprietors certain public improvements and to dedicate these to the City for public use. As an alternative to completion of these prior to approval of this subdivision plat,and in accordance with City ordinances,the Proprietors have FJF 120=925=925 N E ` POINT L A W F I R M Resolution Approving Subdivision Page 12 executed a Public Improvements Agreement and an Agreement for Sidewalks and Street Trees with the department of Public Works and have deposited security with the City Clerk in a form approved by the City Attorney. The City Council approves the Public Improvements Agree- ment and the Agreement for Sidewalks and Street Trees. The City Council further approves the form and amount of security provided as approved by City staff and the provisions therein allowing City staff to release security without further action of the City Council as improve- ments are certified by the Director of Public Works as completed. 7 Findings. The City Council finds this resolution appropriate and necessary to protect, pre- serve,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 (2023). 8 Repealer.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 adjudica- tion shall not affect the validity of the resolution or action of the City Council as a whole or any part thereof not adjudged invalid or unconstitutional. 9 Effective Date. 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 24 day of October ,2023,by the City Council. In Witness Whereof,I affix my signature on this 24 day of (k-_tnhPr 2023: B JOHN ILA, Mayor Attested and Sealed: with the seal of the City of Ames,Iowa on the date aforesaid By: I( its 5i',111 RENEE IIALL,City Clerk FJF 120230925100925 NE" JOINT L A W F I R M Resolution Approving Subdivision Page 13 Schedule 1 Legal Description of Real Property Replatted Ansley Subdivision,First Addition,Ames, Story County, Iowa Tract 1(TitlehoIder..Ansley Land,LLC): Parcel X,a tract of land in the Northwest Quarter of the Northeast Quarter of Section 21,Township 83 North,Range 24 West of the 5th P.M.,Ames,Story County,Iowa,as shown on the Plat of Survey-Boundary Line Adjustment as attached to the Surveyor's Affidavit filed in the Office of the Recorder on June 23,2020,as Inst.No.2020-06792,and Tract 2(Titleholder:AnsIey Land,LLC): All that part of the Northeast Quarter of the Northeast Quarter of Section 21, Township 83 North,Range 24 West of the 5th P.M.,Ames,Story County,Iowa, lying west of the centerline of the abandoned C.&N.W.Railroad right-of-way and lying south of Village Park Subdivision as filed in the Office of the Re- corder on September 21,2016,as Inst.No.2016-09359,and Tract 3(Titleholder:Burgason Enterprises,L.L.C.;contract purchaser:Ansley Land,LLC): Parcel R,a part of Lot 3 in the subdivision of the Northeast Quarter and the North Half of the Southeast Quarter,and part of the vacated C.&N.W.Rail- road,ALL IN Section 21,Township 83 North,Range 24 West of the 5th P.M., Ames,Story County,Iowa,as shown on the Plat of Survey filed in the Office of the Recorder on October 26,2012,as Inst.No.2012-12842;and Tract 4(Titleholder:Burgason Enterprises,L.L.C.;contract purchaser:Ansley Land,LLC): All that part of the Northwest Quarter of the Southeast Quarter of Section 21, Township 83 North,Range 24 West of the 5th P.M.,Ames,Story County,Iowa, Iying west of the centerline of the abandoned C.&N.W.Railroad right-of-way. FJFI2023092S100925 NE A+?llTf�i'7' L A W F I R M A Resolution Approving Subdivision Page 14 Record of Council Proceedings for Resolution No. 23-555 The City Council of Ames, Iowa,met in regular session in the council chambers, City Hall,Ames, Iowa, at 6:00 P.M., on the 94 day of October .2023,with the following Council Members present and absent: Present: Betcher, Beatty-Hansen, Corrieri, Gartin, Junck, Rollins Absent: None Mayor,John Haila,presided as chair of the meeting. Council Member RQatt;r_uan&Wintroduced the resolution and moved its adoption. Council Member_ Corrieri 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: Betcher, Beatty-Hansen, Corrieri, Gartin, Junck, Rollins No: _None__- _ Absent/Abstain: Nnne The Mayor declared the resolution adopted. City Clerk's Certificate I, Renee Hall, hereby certify: (1) I am the duly appointed,qualified, and acting City Clerk of the City of Ames,Iowa; (2) I have full custody and control of the official records of the City of Ames,Iowa;(3)the foregoing Resolution No. 23-555 is a true and exact copy of said resolution as filed and recorded in the office of the City Clerk of Ames, Iowa; (4) said resolution was duly passed by the City Council and approved as shown by the attached Record of City Council Proceed- ings for Resolution No. 23-555 which Record of City Council Proceedings is a true abstract of the minutes of the meeting of the City Council. In Witness Whereof,I have affixed my signature and the seal of the City of Ames,Iowa on this 24 day of October 20 23 . CITY OF ES,IOWA By: 10ty Seal] Rene HaI1, City Clerk FJF 12023MIOD925 1 V L f?OM L A W F I R M