HomeMy WebLinkAboutA030 - Plat of Survey (Boundary Line Adjustment) for Properties Generally Located at the Intersection of County Line Road and Lincoln HighwayITEM #:30
DATE:11-18-25
DEPT:P & H
SUBJECT:BOUNDARY LINE ADJUSTMENT AT 632 AND 634 N 500TH, 5507 LINCOLN
HIGHWAY, AND 5815 LINCOLN HIGHWAY WITH ADJACENT
UNADDRESSED LAND
COUNCIL ACTION FORM
BACKGROUND:
This Plat of Survey (see attached) is for a boundary line adjustment involving parcels
zoned Agricultural in the Crestview Acres Subdivision, northeast of the intersection of
Lincoln Way and N 500th Avenue (see attached Location Map).
The proposed Plat of Survey is subject to a Story County Auditor review process and
the City’s Subdivision Code in Chapter 23 of the Ames Municipal Code, which includes
a process for creating or modifying property boundaries. Under the County process, the
adjustment of multiple lots would require a Final Plat, even though the City's Code would allow
for a plat of survey process. However, the County will accept a Plat of Survey, if the local
jurisdiction waives the Final Plat requirement, as is proposed with this project.
This area was annexed in 2021. The Crestview Acres Subdivision is an old Auditor's
Plat of a mostly undeveloped rural subdivision. The addendum to this report contains
further discussion regarding these original lots. The intent of the plat is to combine the
properties owned by Flummerfelt Quail Ridge into one large parcel for future
subdivision and development once the site is rezoned.
Additionally, the project modifies the boundaries of property owned by John Crane
along County Line Road with multiple properties owned by Flummerfelt Quail Ridge
LLC. The changes to the Crane properties result in two parcels that meet minimum lot
size requirements for a single-family dwelling in the Agricultural zone.
The Ad ams property at the southeast corner of the plat is increased by 16 feet to create
a conforming setback. Both the Adams and the Crane properties remain non-conforming in
other aspects, including multiple dwellings on a lot (Crane) and minimum lot size (Adams).
See addendum for more information regarding the current land use of these and the other
subject properties.
The proposed plat does not include three other Crestview Acres properties separately owned
by Lemer Land Holdings/Brant Lemer, including one land locked parcel that is surrounded
entirely by the Flummerfelt property.
The Plat of Survey includes a proposed cross access easement between this
landlocked parcel and one of the other Lemer parcels to allow for access to the
landlocked parcel. As understood by staff, the private property issue of Lemer's property
access across Flummerfelt property is complicated by the lack of an existing formal easement
and only the historic use and access of the properties from the time when it was primarily
utilized for the now defunct Crestview Mobile Home Park.
1
The proposed Plat of Survey does not create any future development rights nor does it alter
any other private access rights that may exist between the Lemer and Flummerfelt properties.
Lemer would need to ascertain his legal access rights prior to any future development of his
own land.
RIGHT-OF-WAY DEDICATION AND APPROVAL PROCESS:
The Flummerfelt property at 5815 Lincoln Highway property lacks right-of-way dedication
along County Line Road. Dedication of right-of-way is a standard of Chapter 23 that has been
applied to this plat of survey as would of have been required if it had been processed as a
Minor Subdivision Final Plat.
The City Council is being asked to accept dedication of approximately 7,500 square feet
of missing right-of-way along N 500th (see attached Acquisition Plat for graphical
representation and legal description--the area is shown as Tract A on the survey). A
deed conveying the right-of-way to the City of Ames is also included as an attachment.
The dedication of right-of-way requires acceptance by the City Council. Council is not
acting on the Plat of Survey, but only the acceptance of the right-of-way.
Acceptance will allow the applicant to prepare the official Plat of Survey and submit it to the
Planning and Housing Director for review. The Director will sign the Plat of Survey confirming
that it fully conforms to all conditions of approval. The prepared Plat of Survey may then be
signed by the surveyor, who will submit it, the executed Warranty Deed, and certified
resolutions accepting the right-of-way for recording in the office of the Story County Recorder.
The applicant shall provide a copy of the recorded Warranty Deed, Plat of Survey, and
certified resolutions to the City Clerk.
WAIVER OF FINAL PLAT REQUIREMENT PROCESS:
The Story County Auditor requires a waiver from the City Council to avoid Minor
Subdivision Final Plat procedure. The Story County Auditor considers the Boundary Line
Adjustment to be a subdivision under State Code due to the number of parcels involved. In lieu
of a subdivision plat, they indicated they would accept a waiver.
Section 23.301 of the Ames Municipal Code indicates that a division is a Boundary Line
Adjustment if "no more than the same number of lots, or fewer number of lots, exist after the
adjustment" and as such is excepted from Minor and Major Subdivision requirements. Section
23.103 further permits City Council to waive requirements of the subdivision regulations, as
long as the intent and purpose are not nullified. The Boundary Line Adjustment still provides a
clear and accurate description of the land, upholding the purpose of Chapter 23 Subdivisions
and no additional parcels are being created.
ALTERNATIVES:
1. Approve a resolution accepting the right-of-way dedication with the attached warranty
deed and a resolution to waive the subdivision final plat requirement, thereby authorizing
the Planning and Housing Director to approve the final Plat of Survey subject to receipt
of the cross access easement and complying with Chapter 23 plat of survey
requirements.
2
2. Deny the acceptance of the right-of-way on the basis that the City Council finds that the
requirements for plats of survey, right-of-way dedication, and waiver of Minor
Subdivision requirements as described in Section 23.308, 23.309, and 23.103 have not
been satisfied.
3. Refer this request back to staff and/or the owner for additional information.
CITY MANAGER'S RECOMMENDED ACTION:
The Plat of Survey will conso lidate multiple Crestview Acres Subdivision lots i nto four
parcels. It will facilitate future development and dedicate missing right-of-way along N
500th Avenue to ensure consistency of right-of-way in terms of ownership.
The Plat of Survey does not address Pre-annexation agreement requirements related to
utility and street extensions. These requirements will be met through a future
subdivision plat.
Staff has determined that the proposed Plat of Survey and dedication satisfies all
Subdivision Code requirements and the resulting parcels conform to zoning and
subdivision standards. Therefore, it is the recommendation of the City Manager that the City
Council adopt Alternative No. 1.
ATTACHMENT(S):
Location Map.pdf
Plat of Survey
Acquisition Plat for ROW Dedication
Warranty Deed (Dedication)
Addendum.pdf
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¯Legend
Parcels
Subject Properties
5815 Lincoln
Highway 5507 Lincoln
Highway
632/634 N
500th
Excepted
Excepted
Excepted
ROW to be Dedicated
4
LOCATION:
PROPRIETOR:
REQUESTED BY:
PREPARED BY
PLAT OF SURVEY
& RETURN TO:
PT. CRESTVIEW ACRES, SW1/4, SW1/4 SEC. 6-83-24
CITY OF AMES, STORY COUNTY, IOWA
JOHN R. CRANE
BRIAN M. ADAMS
CHUCK WINKLEBLACK
R. BRADLEY STUMBO, PLS #17161
STRAND ASSOCIATES, INC.
AMES, IA 50010
515-233-0000
FLUMMERFELT QUAIL RIDGE, LLC
JOB#DATE:FIELDWORK COMPLETED:PAGE OF7081.013 10/22/25 6/14/24 1 2
Phone: (515) 233-0000
414 South 17th Street, Suite 107
Strand Associates, Inc.
Ames, Iowa 50010
FAX: (515) 233-0103
Survey Description-Parcel A:
Lots 43 and 44, except the West 27 feet thereof, Lots 45-48 and that part of Lot D abutting the east line of said Lots 45-48, all in Crestview Acres Subdivision in
the Southwest Quarter of the Southwest Quarter of Section 6, Township 83 North, Range 24 West of the 5th P.M., City of Ames, Story County, Iowa, and all
together being all more particularly described as follows: Commencing at the Northwest Corner of said Southwest Quarter of the Southwest Quarter; thence
N89°19'23"E, 60.01 feet along the north line thereof to its intersection with the east line of N. 500th Avenue and the point of beginning; thence continuing
N89°19'23"E, 307.84 feet to the Northeast Corner of said Lot D; thence S00°03'10"E, 292.09 feet along the east line thereof to its intersection with the easterly
extension of the south line of said Lot 48; thence S89°08'10”W, 185.97 feet along said line to the Southwest Corner of said Lot 48; thence N00°03'02”W, 150.22
feet to the Northwest Corner of said Lot 47; thence S89°08'24”W, 122.77 feet along the south line of said Lot 43 to the east line of N. 500th Avenue; thence
N00°18'17"E, 142.88 feet along said line to the point of beginning, containing 1.65 acres.
Survey Description-Parcel B:
Lots 40-42 and the North Half of Lot 39, all except the West 27 feet thereof, Lot 49 and the North Half of Lot 50, and that part of Lot D abutting the east line of
said Lots 49 and the North Half of Lot 50, all in Crestview Acres Subdivision in the Southwest Quarter of the Southwest Quarter of Section 6, Township 83
North, Range 24 West of the 5th P.M., City of Ames, Story County, Iowa, and all together being all more particularly described as follows: Commencing at the
Northwest Corner of said Southwest Quarter of the Southwest Quarter; thence N89°19'23"E, 367.85 feet along the north line thereof to the Northeast Corner of
said Lot D; thence S00°03'10"E, 292.09 feet along the east line thereof to its intersection with the easterly extension of the north line of said Lot 49, and the
point of beginning; thence continuing S00°03'10”E, 112.30 feet; thence S89°06'50”W, 310.38 feet along the south line of the North Half of said Lots 50 and 39
to the east line of N. 500th Avenue; thence N00°18'17”E, 262.68 feet along said line to the north line of said Lot 42; thence N89°08'24”E, 122.77 feet to the
Northeast Corner thereof; thence S00°03'02”E, 150.22 feet to the Northwest Corner of said Lot 49; thence N89°08'10"E, 185.97 feet to the point of beginning,
containing 1.22 acres.
Survey Description - Parcel C:
Lot 136, except the South 20 feet thereof, Lot 137, and the South 16.00 feet of Lot 138, all in Crestview Acres Subdivision in the Southwest Quarter of the
Southwest Quarter of Section 6, Township 83 North, Range 24 West of the 5th P.M., City of Ames, Story County, Iowa, and all together being more particularly
described as follows: Beginning at the intersection of the east line of said Lot 136 with the north line of Lincoln Highway; thence S89°07'56"W, 135.99 feet to
the west line of said Lot 136; thence N00°02'05"W, 220.89 feet along the west line of said Lots 136-138; thence N89°08'07"E, 135.99 feet along a line running
parallel with and 16.00 feet North of the south line of said Lot 138 to the east line thereof; thence S00°02'10"E, 220.89 feet to the point of beginning, containing
0.69 acres.
Survey Description-Parcel D:
Lot 1, Lots 28-31, all except the South 20 feet thereof and except the West 27 feet of said Lot 31, and Lots B and C, all except the South 20 feet thereof, and
Lot A, except the South 90 feet thereof, Lot D, except the South 20 feet thereof and except that part lying within Parcels A and B; the South Half of Lot 50, Lots
32-38 and the South Half of Lot 39, all except the West 27 feet thereof, Lots 51-58, 60-81, 83, 87-106, 112-135, Lot 138, except the South 16.00 feet thereof,
and 139-151, all in Crestview Acres Subdivision in the Southwest Quarter of the Southwest Quarter of Section 6, Township 83 North, Range 24 West of the 5th
P.M., City of Ames, Story County, Iowa, all together being more particularly described as follows: Commencing at the Northwest Corner of said Southwest
Quarter of the Southwest Quarter; thence N89°19'23"E, 367.85 feet along the north line thereof to the Northeast Corner of said Lot D and the point of
beginning; thence continuing N89°19'23"E, 1127.70 feet to the Northeast Corner of said Lot 151; thence S00°02'10”E, 1018.33 feet to the Northeast Corner of
the South 16.00 feet said Lot 138; thence S89°08'07"W, 135.99 feet to the Northwest Corner of said South 16.00 feet; thence S00°02'05”E, 150.89 feet along
the east line of said Lot A; thence S89°07'56"W, 50.01 to the east line of said Lot 1; thence S00°02'05"E, 70.00 feet along said line to the north line of Lincoln
Highway; thence S89°07'56"W, 133.00 feet along said line to the west line of said Lot 1; thence N00°02'36"W, 427.75 feet along the west line of said Lots 1,
135 and 134 to the Northwest Corner of said Lot 134; thence S89°13'05"W, 136.82 feet to the Southwest Corner of said Lot 112; thence S00°01'17"E, 427.96
feet along the east line of said Lot B to the north line of Lincoln Highway; thence S89°07'56"W, 50.02 feet to the west line of said Lot B; thence N00°01'25"W,
501.69 feet along said line to the Southeast Corner of said Lot 106; thence S89°08'31"W, 299.89 feet to the Southwest Corner of said Lot 87; thence
S00°01'44"E, 501.74 feet along the east line of said Lot C to the north line of Lincoln Highway; thence S89°07'56"W, 637.15 feet along said line to the east line
of N. 500th Avenue; thence N00°18'17”E, 838.57 feet to the north line of the South Half of said Lot 39 and 50; thence N89°06'50"E, 310.38 feet along said line
and the extension thereof to the east line of said Lot D; thence N00°03'10”W, 404.39 feet to the point of beginning, containing 32.12 acres; Excepting therefrom
Lots 59 and 82, which are located within this description but not included in the parcel acreage.
Survey Description - Access Easement:
A strip of land 16.00 feet in width across Parcel B in Crestview Acres Subdivision in the Southwest Quarter of the Southwest Quarter of Section 6, Township 83
North, Range 24 West of the 5th P.M., City of Ames, Story County, Iowa, being situated 8.00 feet on each side of the following centerline: Beginning at a point
on the west line of said Parcel B which is 35.19 feet South of the Northwest Corner thereof; thence S87°46'20"E, 53.58 feet; thence S72°59'53"E, 72.64 feet to
the east line of said Parcel A, and there terminating.
Survey Description - Septic System Easement:
That part of Parcel A in Crestview Acres Subdivision in the Southwest Quarter of the Southwest Quarter of Section 6, Township 83 North, Range 24 West of
the 5th P.M., City of Ames, Story County, Iowa, described as follows: Beginning at the Southwest Corner of said Parcel A; thence N00°03'02"W, 21.00 feet
along the west line thereof; thence N89°08'10"E, 28.00 feet; thence S00°03'02"E, 21.00 feet to the south line of said Parcel A; thence S89°08'10"W, 28.00 feet
to the point of beginning.
Survey Description - Septic System Easement:
That part of Parcel B in Crestview Acres Subdivision in the Southwest Quarter of the Southwest Quarter of Section 6, Township 83 North, Range 24 West of
the 5th P.M., City of Ames, Story County, Iowa, described as follows: Commencing at the Southwest Corner of Parcel A in said Crestview Acres; thence
N89°08'10"E, 5.00 along the south line thereof to the point of beginning; thence continuing N89°08'10"E, 53.00 feet; thence S00°51'50"E, 57.00 feet; thence
S89°08'10"W, 53.00 feet; thence N00°51'50"W, 57.00 feet to the point of beginning.
Survey Description - Access Easement
A strip of land 20.00 feet in width across Lot C in Crestview Acres Subdivision in the Southwest Quarter of the Southwest Quarter of Section 6, Township 83
North, Range 24 West of the 5th P.M., City of Ames, Story County, Iowa, being situated 10.00 feet on each side of the following centerline: Beginning at a point
on the east line of Lot 82 in said Crestview Acres Subdivision which is 10.09 feet South of the Northeast Corner thereof; thence N82°20'08"E, 50.45 feet to the
west line of Lot 85 in said Crestview Acres Subdivision, and there terminating.
Survey Description - Right of Way Acquisition Area:
The West 27.00 feet of Lot 31, except the South 20.00 feet thereof, in Crestview Acres Subdivision in the Southwest Quarter of the Southwest Quarter of
Section 6, Township 83 North, Range 24 West of the 5th P.M., City of Ames, Story County, Iowa, containing 0.17 acres.
The Ames City Council approved this plat of survey on ________________, 2025, with Resolution No. _________. I certify that it conforms to all conditions of approval.
___________________________
Planning & Housing Director
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S89°07'56"W 1503.43'
70' ROW LINE
LINCOLN HIGHWAY
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21 22 23 24 25
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= FOUND 1/2" PIPE W/ YELLOW CAP #12971
= FOUND 1/2" REBAR
= FOUND T-BAR W/ ALUM. CAP #5543
= FOUND T-BAR W/ ALUM. CAP #13644
= FOUND 1/2" REBAR IN CONCRETE
= SET 1/2" REBAR W/ YELLOW CAP #17161
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SW CORNER
SEC. 6-83-24
FOUND MAG
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SW1/4, SW1/4
SEC. 6-83-24
SET MAG NAIL
S89°08'10"W 185.97'
S89°08'24"W
122.77'
NW CORNER
SW1/4, SW1/4
SEC. 6-83-24
FOUND 'X' CUT
IN CONCRETE
SUNSET
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NE CORNER LOT D
NW CORNER LOT 70
NE CORNER
SW1/4, SW1/4
SEC. 6-83-24
FOUND 1/2"
REBAR
85
SW CORNER
LOT 67
SW CORNER
LOT 48
NW CORNER
LOT 47
NW CORNER
LOT 134
SW CORNER
LOT 112
(N89°08'10"E)
(N89°08'24"E)
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LOT 106
S00°02'10"E
70.01'
S89°08'07"W
N00°02'05"W
220.89'
16'
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PARCEL D
1399085.04 S.F.
32.12 ACRES
PARCEL B
53343.83 S.F.
1.22 ACRES
PARCEL C
30035.92 S.F.
0.69 ACRES
PARCEL A
71821.42 S.F.
1.65 ACRES
N89°07'00"E 271.71'
S89°08'15"W 271.68'
N00°03'10"W
73.88'
S00°01'44"E
73.97'
NE COR. LOT 82
FALLS IN TREE
SW CORNER
LOT 87
S89°07'56"W 637.15'
N0
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N89°19'23"E 307.84'N89°19'23"E 1127.70'
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S89°13'05"W
136.82'
N89°08'07"E
135.99'
S89°07'56"W
133.00'
S89°07'56"W
135.99'
S89°07'56"W
50.02'
S89°07'56"W
50.01'
S00°02'05"E
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N82°20'08"E
50.45'
10.09'
20' WIDE
ACCESS
EASEMENT
S00°18'16"W
35.19'
S87°46'20"E
53.58'
S72°59'23"E
72.64'
NW CORNER
PARCEL B PARCEL
A
PARCEL
B
16' ACCESS
EASEMENT
(8' EA. SIDE)
5.00'
53.00'
N00°51'50"W
57.00'
S89°08'10"W
53.00'
S00°51'50"E
57.00'
S00°03'02"E
21.00'
N89°08'10"E
28.00'
SEPTIC SYSTEM
EASEMENT
21.00'
SEPTIC SYSTEM
EASEMENT
28.00'
SW CORNER
PARCEL A
Phone: (515) 233-0000
414 South 17th Street, Suite 107
Strand Associates, Inc.
Ames, Iowa 50010
FAX: (515) 233-0103
00 150'300'
JOB # 7081.013
PAGE 2 OF 2
EASEMENT DETAIL
This plat has been prepared to adjust the boundary lines
between numerous existing tax parcels in Crestview Acres.
New deeds are required to be filed for the new parcels.
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ADDENDUM
Description of Parcels and Land Use
Flummerfelt Parcels
The Flummerfelt parcels are currently undeveloped. 5815 Lincoln Highway previously
contained a commercial building that was an auto dealership in unincorporated Story
County. 5521 Lincoln Way also previously contained a dwelling. These were demolished
after Flummerfelt purchased the land.
As 5815 Lincoln Highway, containing the auto dealership, has historically been under
separate ownership than the other now-Flummerfelt owned parcels, the right-of-way
along County Line Road (N 500th Avenue) was never fully dedicated. Dedication is
proposed prior to approval of the Plat of Survey.
As a result of the Plat of Survey boundary line adjustment, the Flummerfelt parcels will
become one 32.12-acre parcel of land (Parcel D).
Crane Parcels
The Crane parcels at 632 and 634 N 500th contain three dwellings. Two dwellings are
located on the 0.82-acre parcel (632 N 500th), and one on a 2.21-acre parcel (634 N
500th).
The boundary line adjustment for these parcels results in one 1.22-acre parcel with two
dwellings (Parcel B, 632 N 500th), and one 1.65-acre parcel with one dwelling (Parcel A,
634 N 500th).
While boundary line adjustment brings the lots into conformance with minimum lot size
in the Agricultural zone, without removal of the dwellings, new dwellings could not be
constructed on the parcels. Per Section 29.401(5) of the Ames Municipal Code, only
one single-family dwelling is permitted per lot. The dwellings at 632 N 500th are
considered nonconforming structures. Restoration of either dwelling would be limited by
the provisions for nonconforming structures if damaged.
The dwelling on Parcel A will conform with all setback requirements as a result of the
boundary line adjustment. The southern dwelling on Parcel B will come into
conformance with side setback requirements. It will otherwise continue to have
nonconforming rear and front setbacks. The northern dwelling on Parcel B will continue
to have nonconforming side and rear setbacks. These nonconforming setbacks are
permitted to continue with the Plat of Survey as these property boundaries are not
proposed to change. Again, restoration and ability to rebuild at these setbacks would be
limited by the provisions for nonconforming structures if damaged.
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Given the proximity of the dwellings to the shared boundaries of Parcels A and B, the
septic systems for homes on Parcel A encroach on Parcel B, and vice versa .
Easements are provided.
A shared access easement is also provided between the parcels as no additional curb
cuts will be granted on N 500th for separate access.
Adams Parcel
The Adams parcel contains a dwelling at 5507 Lincoln Highway. The parcel boundary
will be enlarged to the north 16 feet so that the dwelling meets the required side setback
in the Agricultural zone. The resulting parcel (Parcel C) will be 0.69 acres and wi ll
continue to be nonconforming in terms of minimum lot size and front setbacks.
While this parcel has frontage on Lincoln Highway, its access is from a driveway on the
adjacent Flummerfelt parcel.
Crestview Acres Subdivision History
The Crestview Acres Subdivision is an Auditor’s Plat of the 40-acre area northeast of
the intersection of Lincoln Highway and County Line Road (N 500th). It was platted in
unincorporated Story County in 1958, before the County adopted zoning.
An Auditor's Plat is a subdivision plat required by the County Auditor when a parcel of
land has been subdivided in violation of Iowa Code requirements for divisions of land
(e.g. without a survey).
With an Auditor’s Plat, there is no infrastructure or dedications that take place. It is
solely intended to ensure there are accurate legal descriptions for the divided parcel (s)
through a survey process.
The subdivision contains 151 lots, ranging in size from 1,000 square feet to one acre.
The majority of the lots are 10,000 square feet and were never developed after the
Auditor’s Plat. These have been historically deeded together.
The acre-sized lots along the Lincoln Highway frontage developed with three single -
family homes and an auto dealership. Two of these homes remain. Three homes were
also constructed at 632 and 634 N 500th on parcels made up of several lots deeded
together.
The main developed portion of the site was the Crestview Mobile Home Park at 5615
Lincoln Highway, which utilized the smallest lots in the subdivision and adjacent
property. This use ceased in 2017 and this area is not part of the Plat of Survey.
Pre-Annexation Agreement and Future Development
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The properties were annexed in 2021. A preannexation agreement addresses
infrastructure and other matters related to the properties' initial creation through a rural
subdivision and future development. The preannexation agreement required the
properties to be replatted prior to seeking any building and zoning permits. This was
intended to limit individual development of the original Crestview Acres Subdivision lots.
While these lots were combined through deeds, this did not eliminate the original lot
lines.
The proposed Plat of Survey does not constitute a replat of the properties as it is not
creating lots.
Future rezoning and platting through a final plat process is anticipated prior to any
development. Other provisions of the annexation agreement including for a traffic study,
extension of streets from Sunset Ridge, and other infrastructure extensions will apply at
the time of rezoning and platting. Review for oth er needed frontage improvements such
as sidewalks will occur with future platting.
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