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HomeMy WebLinkAbout~Master - Pre-Annexation Agreement to Delegate to the Developer Responsibility for Ensuring Access to, Protection of, and to Maintain the Integrity of the Franklin Township Cemetery DO NOT WRITE IN THE SPACE ABOVE THIS LINE,RESERVED FOR RECORDER Prepared by:Diane Voss,City Clerk's Office,515 Clark Avenue,Ames,IA 50010 Return to:Ames City Clerk,P.O.Box 811,Ames,IA 50010 Phone:515-239-5105 RESOLUTION NO. 22-096 RESOLUTION APPROVING PRE-ANNEXATION AGREEMENT TO DELEGATE TO THE DEVELOPER RESPONSIBILITY FOR ENSURING ACCESS TO, PROTECTION OF, AND TO MAINTAIN THE INTEGRITY OF THE FRANKLIN TOWNSHIP CEMETERY FOR THE CITY OF AMES,IOWA WHEREAS, the property owner of 2105 and 2421 Dayton Avenue, Dayton Avenue Development LLC, is requesting annexation of the property comprising 72.99 acres of land along the west side of Dayton Avenue; and, WHEREAS, the owner intends to develop the land once annexed into the City with industrial uses; and, WHEREAS, the proposed application is 100% voluntary; no non-consenting properties are included in the petition; and, WHEREAS,the Ames Plan 2040 Land Use Designation for this property is in the Employment category and this category anticipates the land being brought into the City and supports industrial classification once inside the City; and, WHEREAS, the property is primarily row crop land with a small area of Natural Area in the northwest corner of 2421 Dayton Avenue; and, WHEREAS, the applicant has indicated an interest in the zoning classification of General Industrial (GI) and an Annexation Plat submitted with the Petition shows the dimensions of the site along with the location of the Franklin Township Cemetery; and, WHEREAS,the site is in the Ames Electric service territory and is able to be served adequately, and a water line runs along Dayton Avenue abutting the site to Eagles Loft Daycare; and, WHEREAS,the site is in the Ames Water service territory and the sewer services extend to the southeast corner of the site along Dayton Avenue,and while the site is able to be served adequately by all utilities, the developer will need to make improvements to serve future development; and, WHEREAS,the Franklin Township Cemetery is located in the northwest corner of 2421 Dayton Avenue and the cemetery is considered a pioneer cemetery due to inactivity and there are no longer active interments at this Cemetery; and, WHEREAS, the Cemetery received maintenance by Franklin Township in 2021 to repair headstones and clean up the general surroundings, and under State Law, pioneer cemeteries must be protected, the integrity maintained, and access must be ensured to the site by a governmental subdivision, which would be the City if located within the corporate limits; and, WHEREAS,Iowa Code permits a property owner to accept the delegated responsibilities and the owner and developer have agreed to take responsibility of ensuring access, protection, and maintaining the integrity of the cemetery consistent with the terms of the Iowa Code; and, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Ames,Iowa,that the Pre-Annexation Agreement to delegate to the developer responsibility of ensuring access to,protection of, and to maintain the integrity of the Franklin Township Cemetery is hereby approved. ADOPTED THIS 22"d day of February, 2022. Diane . Voss, City Clerk John A. Haila, Mayor Introduced by: Betcher Seconded by: Beatty-Hansen Voting aye: Beatty-Hansen, Betcher, Corrieri, Gartin, Junck, Rollins Voting nay: None Absent: None Resolution declared adopted and signed by the Mayor this 22nd day of February, 2022.