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HomeMy WebLinkAbout~Master - Approving Final Plat for Kingsbury's Subdivision, 5th Addtion S P A C E A B O V E R E S E R V E D F O R O F F I C I A L U S E Return document to:City Clerk,515 Clark Avenue,Ames IA 50010 Document prepared by:City of Ames Legal Department,515 Clark Ave.,Ames,IA 50010—515-239-5146 City of Ames, Iowa Resolution No. 2022- 029 Approving final plat of Kingsbury's Fifth Addition,Ames,Story County, Iowa &Approving Supplemental Agreement for Public Improvements& Releasing Security BE IT RESOLVED by the City Council of Ames,Iowa: 1 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(2022)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 The City Council finds that said subdivision plat together with all of the required attachments and submissions complies with all requirements of chapters 354 and 355 of the Code of Iowa and the platting ordinance of the City of Ames. 3 The City Council finds that"Supplemental Agreement for Public Improvements" which modifies certain terms of a Development Agreement filed May 12,2020,as amended by a documented Sep- tember 24, 2020, as Instrument No. 2020-11151, is acceptable and limited to the subjects con- tained therein but that all other prior agreements (including,but not limited to, Sidewalk Agree- ments) relating to the property are reaffirmed. 4 The City Council accepts and approves the subdivision plat to be known as: KINGSBURY'S FIFTH ADDITION,AMES,STORY COUNTY,IOWA, which is a replat of certain real property more particularly described as: Lot 1 in Kingsbury's Fourth Addition,Ames, Story County, Iowa. 5 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. 6 The Clerk is authorized and directed to release to the party posting the same the Substituted Se- curity in the amount of$17,315 held under an Amendment to Agreement for Public Improvements (at Paragraph 4) dated August 24,2020,as said security has been duplicated by cash security pro- vided with Kingsbury's Fifth Addition. 7 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 (2022). Resolution Approving Subdivision P a o e 12 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 notaffect the validity of the resolution or action of the City Council as a whole or any part thereof not ad- judged 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 ccordance w th Iowa Code section 380.5,the undersigned approves the foregoing as enacted on FTVI_l , . 2022,by the City Council. In Witness Whereof, I affix my signature on this —` day of Eiw-Ua-- 2022: JOHN A. HAILA, MAYOR Attested and Sealed: with the seal of the City of Ames, Iowa on the date aforesaid DIANE VOSS, CITY CLERK Moved by: Gartin Seconded by: Corrieri Voting Aye: Beatty—Hansen, Betcher, Corrieri, Gartin, Junck, Rollins Voting Nay: None Absent: None Mayor John A. Haila declared Resolution No.2022- 029 adopted. We,John A. Haila and Diane Voss,being the duly elected and appointed Mayor and City Clerk, respectively,of the City of Ames,Iowa,do hereby certify that the above and foregoing Resolution Num- ber 2022-029 is a true and accurate copy of said Resolution,that said Resolution was duly passed and adopted by the City Council of the City of Ames, Iowa, at a duly convened meeting thereof on February 8 .2022. a JOHN A. HAILA, MAYOR DIANE R.VOSS, CITY CLERK