HomeMy WebLinkAboutA001 - Council Action Form dated November 12, 2024ITEM #:32
DATE:11-12-24
DEPT:P&H
SUBJECT:APPROVAL OF TWO PLAT OF SURVEYS FOR 6210 EAST LINCOLN WAY
& SECTION: 09 TOWNSHIP: 83 RANGE: 23 SE NE ALONG 590TH AVENUE
IN RURAL STORY COUNTY RESPECTIVELY
COUNCIL ACTION FORM
BACKGROUND:
Property owners Randy Brekke and Dale & Bonnie Knutson are requesting approval of a Plat of Survey
located at 6210 East Lincoln Way (Brekke) and 6196 East Lincoln Way (Knutson) (See Attachment A-
Location Map). The Brekke property at 6210 East Lincoln Way is located within the Ames City limits.
The Knutson property at 6196 East Lincoln Way is located in rural Story County. There are separate
Plat of Surveys for each property, but they are considered together in one report because the
property owners intend to exchange property upon approval of the Plat of Surveys. The
applicants did not propose a boundary line adjustment because the properties would be bisected
by the city limits and no annexation was desired for the exchange.
The applicants propose creating three new parcels, a non-surveyed remainder area, plus a right-of-way
tract for conveyance of the East Lincoln Way right-of-way inside the City of Ames (See Attachment B).
Proposed Parcels K and H are being created inside the City and proposed Parcel J with its remainder
area is outside of the City in rural Story County. Parcel J will not have frontage on a public street. All of
the proposed parcels are used for agriculture and the two new parcels are proposed to be restricted to
agricultural use with no development potential, including construction of a house.
Normally, the creation of new parcels is classified as a Subdivision in Chapter 23 of the Ames
Subdivision Code. However, the City Council can approve a Plat of Survey in lieu of a
Subdivision within a rural area and within the City when there are no public improvements and a
waiver of the process of a minor subdivision is approved as permitted by Chapter 23. The owners
are requesting a waiver of the determination of a Subdivision and instead are requesting a Plat of
Survey with a no-build restriction on all parcels until future platting process through a Subdivision
would create additional buildable lots. The new parcel in Story County can be approved by Plat of
Survey on its own with the no-build restriction.
The owners have no plans to further subdivide this land at this time. The boundary line adjustment
reflects a planned real estate transaction in property between parcels H and J which conveys ownership
of the parcels to the appropriate property owner. The change in ownership is being done to correct a
previous understanding of where the boundary between both properties exists in relation to a
drainage channel that bisects each of their properties. Each owner thought they owned land on
their side of the channel, when in fact that was not the case.
The waiver request covers two areas of the Subdivision waiver standards. Section 23.103(1) allows City
Council to waive the infrastructure installation standards in the Subdivision Ordinance when it can be
shown that strict compliance with the requirements of the Regulations would result in extraordinary
hardship to the Applicant or would prove inconsistent with the purpose of the Regulations because of
unusual topography or other conditions. In this case the no-build restriction as a rural condition
ensures that the new parcels remain unbuilt and agricultural in nature and that infrastructure
1
extension and other development standards are unnecessary to correct the property ownership
situation.
With the no-build and the agricultural nature of the surrounding area, no infrastructure installation is
necessary in the foreseeable future. Additionally, since East Lincoln Way right-of-way is being
dedicated to the City, the dedication will adequately address any future street improvements if needed.
The City has already installed water and sewer along East Lincoln Way.
Secondly, Section 23.103(2) allows Council to grant a waiver of the Minor Subdivision and accept a
Plat of Survey when all substantive requirements and standards of the regulations are already me, and
there is a clear and accurate description of the land. In this case the parcels are being clearly
described and are being kept for agricultural use with no development activity.
ALTERNATIVES:
1. Approve the request to waive Ames Municipal Code Chapter 23 Subdivision and Development
Standards for the two properties and approve:
a. Resolution approving a Plat of Survey for 6210 East Lincoln Way and acceptance of dedication
of the Lincoln Way right-of-way
b. Resolution approving a Plat of Survey for 09 Township: 83 Range: 23 SE NE along 590th
Avenue
2. Deny the request for a Plat of Survey and associated waiver requests based on a finding that the
proposal does not meet City Subdivision Standards of Chapter 23.
3. Defer action on the item and request more information from staff or the applicant.
CITY MANAGER'S RECOMMENDED ACTION:
The request for a Plat of Survey in lieu of a Minor Subdivision Final Plat at 6196 & 6210 East
Lincoln Way and requested waiver of infrastructure improvements can be supported by staff to
address the unique issues related to the drainage channel bisecting their properties. Although a
rural division for property abutting the City is expected to annex, in this case approving a plat of
survey for a sliver of land as a continuing agriculture use with a no build restriction can be found
to not conflict with Ames Plan 2040 polices and correct a property ownership question.
Additionally, right-of-way is being conveyed to the City according to City standards within the
City of Ames. Therefore, it is the recommendation of the City Manager that City Council approve
Alternative #1.
ATTACHMENT(S):
Attachment A- Location Map of Properties.pdf
Attachment B- Plat of Survey- Brekke
Attachment C-Applicable Standards.pdf
Attachment B- Plat of Survey- Knutson
2
E LINCOLN WAY
POTTER AVE
590TH AVE
LINC OLN HIGHWAY
Plat of Survey Properties Location´
Plat of Su rvey Properties (Shade d)
Leg end
AMES INCORPORATED LIMITS
PARCELS
STREET LABELS - ALL @ 50000FT
Private
ISU Road
City Road
County Secondary
County Hwy
State Hwy
US Hwy
US Interstate Hwy 3
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AREA ABOVE RESERVED FOR RECORDER
INDEX LEGEND
SURVEYOR'S NAME / RETURN TO:
ERIN D. GRIFFIN
egriffin@snyder-associates.com
SERVICE PROVIDED BY:
SNYDER & ASSOCIATES, INC.
SURVEY LOCATED:
PT. NW1/4-NE1/4
SECTION 9-83-23
REQUESTED BY:
RANDY BREKKE
PLAT OF SURVEY
LEGEND
FEATURES FOUND SET
Section Corner
1/2" Rebar, Yellow Plastic Cap #19710
(Unless Otherwise Noted)
ROW Marker
ROW Rail
Control Point
Bench Mark
Platted Distance P
Measured Bearing & Distance M
Recorded As R
Deed Distance D
Calculated Distance C
Minimum Protection Elevation MPE
Centerline
Section Line
1/4 Section Line
1/4 1/4 Section Line
Easement Line
DATE OF SURVEY
05/08/2024
OWNER
RANDY BREKKE
6020 E LINCOLN WAY
AMES, IA 50010
AREA SUMMARY
PARCEL "H": 2.44 ACRES (106,230 SF)
PARCEL "K": 33.77 ACRES (1,471,092 SF)
TRACT "A": 0.64 ACRES (27,887 SF)
BASIS OF BEARING
THE NORTH LINE OF THE NORTHEAST 1/4 OF SECTION 9,
TOWNSHIP 83 NORTH, RANGE 23 WEST OF THE 5TH P.M.
IS ASSUMED TO BEAR NORTH 89°43'29" EAST.
PARCEL "H" DESCRIPTION
A PART OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF SECTION 9, TOWNSHIP 83 NORTH, RANGE 23 WEST OF THE 5TH P.M.,
CITY OF AMES, STORY COUNTY, IOWA DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF SAID NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF SECTION 9; THENCE NORTH
07°20'18" WEST, 1,294.25 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF EAST LINCOLN WAY; THENCE NORTH 89°43'29" EAST ALONG
SAID SOUTH RIGHT-OF-WAY LINE, 165.41 FEET TO THE EAST LINE OF SAID NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF SECTION 9;
THENCE SOUTH 00°00'16" WEST ALONG SAID EAST LINE, 1,284.44 FEET TO THE POINT OF BEGINNING AND CONTAINING 2.44 ACRES
(106,230 S.F.).
PROPERTY SUBJECT TO ANY AND ALL EASEMENTS OF RECORD.
SNYDER & ASSOCIATES, INC.
2727 S.W. SNYDER BLVD
ANKENY, IOWA 50023
515-964-2020
Erin D. Griffin, PLS Date
License Number 19710
My License Renewal Date is December 31, 2025
Pages or sheets covered by this seal:
ERIN D.
GRIFFIN
19710
AIOW
LICENSEDPROFESSIONAL LANDSURVEYOR
I hereby certify that this land surveying document
was prepared and the related survey work was
performed by me or under my direct personal
supervision and that I am a duly licensed
Professional Land Surveyor under the laws of the
State of Iowa.
Sheets 1 and 2, of 2
PARCEL "K" DESCRIPTION
A PART OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF SECTION 9, TOWNSHIP 83 NORTH, RANGE 23 WEST OF THE 5TH P.M.,
CITY OF AMES, STORY COUNTY, IOWA DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF SAID NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF SECTION 9; THENCE NORTH
00°08'25" EAST ALONG THE WEST LINE OF SAID NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF SECTION 9, A DISTANCE OF 1,087.47
FEET TO THE SOUTHWEST CORNER OF PARCEL 'C' AS RECORDED BY CFN NUMBER 00015-171 OF THE STORY COUNTY
RECORDER'S OFFICE; THENCE NORTH 89°43'03" EAST ALONG THE SOUTH LINE OF SAID PARCEL 'C', 281.77 FEET TO A SOUTHERLY
CORNER OF SAID PARCEL 'C'; THENCE SOUTH 00°30'35" EAST CONTINUING ALONG SAID SOUTH LINE, 85.00 FEET TO A SOUTHERLY
CORNER OF SAID PARCEL 'C'; THENCE NORTH 89°45'39" EAST CONTINUING ALONG SAID SOUTH LINE, 185.00 FEET TO THE
SOUTHEAST CORNER OF SAID PARCEL 'C'; THENCE NORTH 00°15'39" WEST ALONG THE EAST LINE OF SAID PARCEL 'C', 279.00 FEET
TO THE SOUTH RIGHT-OF-WAY LINE OF EAST LINCOLN WAY; THENCE NORTH 89°43'29" EAST ALONG SAID SOUTH RIGHT-OF-WAY
LINE, 679.56 FEET; THENCE SOUTH 07°20'18" EAST, 1,294.25 FEET TO THE SOUTHEAST CORNER OF SAID NORTHWEST 1/4 OF THE
NORTHEAST 1/4 OF SECTION 9; THENCE SOUTH 89°51'31" WEST ALONG THE SOUTH LINE OF SAID NORTHWEST 1/4 OF THE
NORTHEAST 1/4 OF SECTION 9, A DISTANCE OF 1,313.79 FEET TO THE POINT OF BEGINNING AND CONTAINING 33.77 ACRES
(1,471,092 S.F.).
PROPERTY SUBJECT TO ANY AND ALL EASEMENTS OF RECORD.
TRACT "A" DESCRIPTION
A PART OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF SECTION 9, TOWNSHIP 83 NORTH, RANGE 23 WEST OF THE 5TH P.M.,
CITY OF AMES, STORY COUNTY, IOWA DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF SAID NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF SECTION 9; THENCE SOUTH
00°00'16" WEST ALONG THE EAST LINE OF SAID NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF SECTION 9, A DISTANCE OF 33.00 FEET
TO THE SOUTH RIGHT-OF-WAY LINE OF EAST LINCOLN WAY; THENCE SOUTH 89°43'29" WEST ALONG SAID SOUTH RIGHT-OF-WAY
LINE, 844.97 FEET TO THE EAST LINE OF PARCEL 'C' AS RECORDED BY CFN NUMBER 00015-171 OF THE STORY COUNTY
RECORDER'S OFFICE; THENCE NORTH 00°15'39" WEST ALONG SAID EAST LINE, 33.00 FEET TO THE NORTHEAST CORNER OF SAID
PARCEL 'C' AND TO THE NORTH LINE OF SAID NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF SECTION 9; THENCE NORTH 89°43'29"
EAST ALONG SAID NORTH LINE, 845.13 FEET TO THE POINT OF BEGINNING AND CONTAINING 0.64 ACRES (27,887 S.F.).
PROPERTY SUBJECT TO ANY AND ALL EASEMENTS OF RECORD.
SURVEYOR NOTE
1. TRACT "A" TO BE DEDICATED TO THE CITY OF AMES
FOR ROADWAY PURPOSES.
2. PARCELS ARE UNBUILDABLE UNTIL FUTURE
PLATTING OCCURS.
11/06/2024
4
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844.97'
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N1/4 Corner
Section 9-83-23
Found Mag Nail Point Of Beginning Tract "A"
NE Corner, NW1/4-NE1/4
Section 9-83-23, Set Mag Nail
NE Corner Section 9-83-23
Found Mag Nail
SE Corner NE1/4-NE1/4 Section 9-83-23
Found 5/8" Rebar With
Yellow Plastic Cap #17161Point Of Beginning Parcel "H"
SE Corner NW1/4-NE1/4 Section 9-83-23
Point Of Beginning Parcel "K"
SW Corner NW1/4-NE1/4 Section 9-83-23
106,230 SF
2.44 AC
PARCEL "H"
N7
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50.00' Roadway Easement
50.00' Roadway Easement
E LINCOLN WAY
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33.77 AC
PARCEL "K"
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0.64 AC
TRACT "A"
S89°51'31"W 1313.79'
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LINE TABLE
LINE #
L1 M
L2 M
L3 M
L4
LENGTH (FT)
281.77
85.00
185.00
279.00
DIRECTION
N89° 43' 03"E
S00° 30' 35"E
N89° 45' 39"E
N00° 15' 39"W
L1 R 281.81 S90° 00' 00"W
L2 R 85.00 N00° 18' 57"W
L3 R 185.00 N89° 59' 53"W
N0°15'39"W 33.00'S0°00'16"W 33.00'
L5
Set Mag Nail
L5 165.41 N89° 43' 29"E
Found 1/2" Rebar With
Yellow Plastic Cap #2880
Found 1/2" Rebar
Found 1/2" Rebar
With Yellow
Plastic Cap #6586
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500 YEAR FLOODPLAIN
500 YEAR
FLOODPLAIN
100 YEAR FLOODPLAIN
SE Corner SW1/4-NE1/4 Section 9-83-23
Found 3/4" Gas Pipe W/
Orange Plastic Cap #21993
Center Section 9-83-23
Found 3/4" Rebar W/
Yellow Plastic Cap #8136
S89°50'55"W 1316.95' R
N89°59'26"E 1316.91' M
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AREA ABOVE RESERVED FOR RECORDER
INDEX LEGEND
SURVEYOR'S NAME / RETURN TO:
ERIN D. GRIFFIN
egriffin@snyder-associates.com
SERVICE PROVIDED BY:
SNYDER & ASSOCIATES, INC.
SURVEY LOCATED:
PT. SE1/4-NE1/4
SECTION 9-83-23
REQUESTED BY:
DALE KNUTSON
PLAT OF SURVEY
LEGEND
FEATURES FOUND SET
Section Corner
1/2" Rebar, Yellow Plastic Cap #19710
(Unless Otherwise Noted)
ROW Marker
ROW Rail
Control Point
Bench Mark
Platted Distance P
Measured Bearing & Distance M
Recorded As R
Deed Distance D
Calculated Distance C
Minimum Protection Elevation MPE
Centerline
Section Line
1/4 Section Line
1/4 1/4 Section Line
Easement Line
DATE OF SURVEY
05/08/2024
OWNER
KNUTSON, DALE & BONNIE REV TRUST
320 NE EAGLEWOOD DR
ANKENY, IA 50021-4612
AREA SUMMARY
PARCEL J:
GROSS AREA: 2.75 ACRES (119,928 SF)
REMAINDER PARCEL:
GROSS AREA: 37.07 ACRES(1,614,880 SF)
ROADWAY EASEMENT: 1.00 ACRES (43,573 SF)
NET AREA: 36.07 ACRES (1,571,307 SF)
BASIS OF BEARING
THE SOUTH LINE OF THE NORTHEAST 1/4 OF SECTION 9,
TOWNSHIP 83 NORTH, RANGE 23 WEST OF THE 5TH P.M.
IS ASSUMED TO BEAR SOUTH 89°59'26" WEST.
SURVEYOR NOTE
1. PARCEL IS UNBUILDABLE UNTIL FUTURE PLATTING
OCCURS.
PARCEL J DESCRIPTION
A PART OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF SECTION 9, TOWNSHIP 83 NORTH, RANGE 23 WEST OF THE 5TH P.M.,
STORY COUNTY, IOWA DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SAID SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF SECTION 9; THENCE SOUTH
07°51'52" EAST, 1329.89 FEET TO THE SOUTH LINE OF SAID SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF SECTION 9; THENCE SOUTH
89°59'26" WEST ALONG SAID SOUTH LINE, 182.07 FEET TO THE SOUTHWEST CORNER OF SAID SOUTHEAST 1/4 OF THE NORTHEAST
1/4 OF SECTION 9; THENCE NORTH 00°00'16" EAST ALONG THE WEST LINE OF SAID SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF
SECTION 9, A DISTANCE OF 1317.41 FEET TO THE POINT OF BEGINNING AND CONTAINING 2.75 ACRES (119,928 S.F.).
PROPERTY SUBJECT TO ANY AND ALL EASEMENTS OF RECORD.SNYDER & ASSOCIATES, INC.
2727 S.W. SNYDER BLVD
ANKENY, IOWA 50023
515-964-2020
Erin D. Griffin, PLS Date
License Number 19710
My License Renewal Date is December 31, 2025
Pages or sheets covered by this seal:
ERIN D.
GRIFFIN
19710
AIOW
LICENSEDPROFESSIONAL LANDSURVEYOR
I hereby certify that this land surveying document
was prepared and the related survey work was
performed by me or under my direct personal
supervision and that I am a duly licensed
Professional Land Surveyor under the laws of the
State of Iowa.
Sheets 1 and 2, of 2
11/06/2024
7
S89°59'26"W 1316.87'S89°59'26"W 1316.91'
N89°51'31"E 1313.79'N89°51'31"E 1313.73'
N0
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PT. NW1
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SEC. 10
-
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NE Corner SE1/4-NE1/4 Section 9-83-23
Found 5/8" Rebar With
Yellow Plastic Cap #17161
Point Of Beginning
NW Corner SE1/4-NE1/4 Section 9-83-23
SW Corner NW1/4-NE1/4 Section 9-83-23
SW Corner SE1/4-NE1/4
Section 9-83-23
Found 3/4" Gas Pipe W/
Orange Plastic Cap #21993
Center Section 9-83-23
Found 3/4" Rebar W/
Yellow Plastic Cap #8136
119,928 SF
2.75 AC
PARCEL J
E1/4 Corner
Section 9-83-23
Found 1/2" Square Iron Bar
N0
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L1
LINE TABLE
LINE #
L1
LENGTH (FT)
182.07
DIRECTION
S89° 59' 26"W
REMAINDER PARCEL:
GROSS ACRES: 37.07 ACRES (1,614,880 SF)
ROADWAY EASEMENT: 1.00 ACRES (43,573 SF)
NET AREA: 36.07 ACRES (1,571,307 SF)
33.00' ROADWAY EASEMENT
N89°43'29"E 1310.68'N89°43'29"E 1310.68'
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Found Mag Nail NE Corner, NW1/4-NE1/4
Section 9-83-23, Set Mag Nail
NE Corner Section 9-83-23
Found Mag NailE LINCOLN WAY
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8