HomeMy WebLinkAboutA028 - Resolution setting October 14, 2025, as date of Public Hearing to transfer Vacated Alley to Alpha Iota Association of Phi Gamma Delta (325 Ash Avenue)ITEM #:31
DATE:09-23-25
DEPT:PW
SUBJECT:SET DATE OF PUBLIC HEARING TO TRANSFER VACATED ALLEY TO
ALPHA IOTA ASSOCIATION OF PHI GAMMA DELTA (325 ASH AVENUE)
COUNCIL ACTION FORM
BACKGROUND:
In 1917, the Ames City Council passed Ordinance No. 294, which vacated a north-south alley
located within Lot 4 of Parker ’s Addition to Ames. The ordinance annulled the City’s
interest in the alley but did not result in the formal transfer of the vacated land to the
adjoining property owners. As a result, the vacated alley remained in the City’s name
and is still carried as public property on the Story County records.
The property surrounding this vacated alley, now legally described as Parcel “F”, is entirely
owned by the Alpha Iota Association of Phi Gamma Delta, including:
Lot 4 in Little’s Subdivision
Lot 6 and the South 20 feet of Lot 7 in Gray & Cessna’s Subdivision
A Plat of Survey recorded on February 12, 2025 (Instrument No. 25-00967) shows the subject
alley as part of Parcel “F” with an electric easement accommodating the overhead electric in
the area. However, no quit claim deed has been executed to formally transfer title of the
vacated alley to the Alpha Iota Association of Phi Gamma Delta. A recent title opinion dated
April 24, 2025, confirms that the City of Ames is still listed as the legal titleholder and
recommends finalizing the transfer pursuant to Iowa Code Section 364.7.
To address this, staff proposes transferring the vacated alley to the adjoining property owner
by quit claim deed, consistent with previous actions for similar alley segments. Other
examples include:
A 1993 transfer to First Baptist Church (Instrument No. 13108)
A 2006 transfer to Iowa Beta Chapter of Phi Kappa Psi (Instrument No. 2006-0003922)
A 2011 transfer to the Iowa Farm House Association (Resolution No. 11-440)
Per City policy, the value of vacated right-of-way is based on the average assessed value of
the adjoining properties, reduced by 10% for the use of a quit claim deed and 15% for
retaining public utility easements. Based on this formula, the estimated value of the
vacated alley parcel is $92,742.
However, staff recommends that this transfer be completed at no cost to the property owner,
as the Alpha Iota Association of Phi Gamma Delta has maintained the alley area for many
years at no cost to the City and paid property taxes on the vacated alleyway since at least
1948, despite the City retaining legal title since the 1917 vacation. The City will retain all
necessary public utility easements as documented in the recorded Plat of Survey or as
otherwise required.
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ALTERNATIVES:
1. Set October 14, 2025, as the date of public hearing to consider conveying the previously
vacated alley within Lot 4 of Parker ’s Addition at no cost to Alpha Iota Association of Phi
Gamma Delta by quit claim deed with the release of the deed to the property owner for
recording contingent upon receipt of the overhead electrical easement.
2. Do not proceed with setting a public hearing, leaving the vacated alley in City ownership.
CITY MANAGER'S RECOMMENDED ACTION:
This alley was vacated by ordinance over a century ago and is now encompassed entirely by
property held under common ownership. Finalizing the transfer is consistent with City
precedent, clarifies legal title, and supports responsible land management. Therefore, it is the
recommendation of the City Manager that the City Council adopt Alternative No. 1, as
described above.
ATTACHMENT(S):
Vacation of Alley_1917.pdf
325 Ash Ave Plat of Survey.pdf
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OED1N.1 ().
An ordinance vacating the
heretofore plotted in lot four
aile
(•1)
Parker's addition to the city o.
Ames, Iowa.
Be it ordained by the-city council
of the city of Anics, Iowa.
Section 1.' Tlct the alley hereto
fore platted and dedicated to the city
of Ames, Iowa, in lot four .(4), Par
ker’s addition to the city of Anics, be,
and the same is hereby declared va-
cated and the city’s interest therein
"annulled. X
Section 2. This ordinance is to
take effect and be in full force from
and after its passage and publication
as provided by law.
G. E. BAKER,
A. B. MAXWELL,Mayor.
City Auditor and Clerk.
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