HomeMy WebLinkAboutA001 - Council Action Form dated July 14, 2026ITEM #:50
DATE:07-14-26
DEPT:P&H
SUBJECT:RESOLUTION APPROVING CONVEYANCE PARCEL PLAT OF SURVEY
WITH PUBLIC UTILITY EASEMENTS FOR 701 DAYTON AVENUE
COUNCIL ACTION FORM
BACKGROUND:
701 Dayton Avenue is a "Conforming Conveyance Parcel" as defined by the City’s Ames
Municipal Code Chapter 23 Subdivision Code. A conveyance parcel is a property created
without the benefit of a formal survey.
The City requires a Plat of Survey for a conveyance parcels prior to approval of a principal
building (see Sec. 23.102 and Sec. 23.307). The 701 Dayton Avenue site was formerly used
for storage and transport of materials with access to the abutting railroad. It contains water
and sewer mains that cross the property, although no written easement has been recorded for
either.
The new owner of the property desires to establish a concrete company at this location.
Development of the site includes placement of new pre-fabricated office structures and
concrete processing equipment along with other site improvements.
Typically the Planning Director authorizes the approval of a Convenance Parcel Plat of Survey
and these are not reviewed by City Council. The Planning Director is authorized to prepare
application requirements and apply the subdivision design standard to the Conveyance Parcel
as referenced by 23.307(5)(c) and the approval process of 23.308(4).
No new utility improvements are required. However, a t issue with the Plat of Survey is
whether a water main easement and a sanitary sewer easement are required for
existing utilities that are already in place on the site. Staff believes the easements are
necessary as referenced in 23.308(4), and therefore required. This request has been
communicated to the applicant.
The applicant does not desire to provide easement documents as companion items to
the Plat of Survey for the preexisting water and sewer utility mains. Instead, the
applicant requests approval of the Plat of Survey as presented (see attached) with an
outline and legal description of an easement boundary over the utilities, but with no
easement documents further describing each party's rights and responsibilities.
Because staff is unwilling to approve the Plat of Survey without completed easement
documents, as would be consistent when establishing new easements in other Plats of
Survey, this application is being presented for the City Council to consider whether it is
acceptable in its submitted form.
The applicant’s representative, Scott Renaud P.E., has expressed that the conveyance
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parcel process is burdensome and the easement documents are unnecessary, as the
Plat outlines the physical extent of the easement. Mr. Renaud has indicated to staff his
belief that the City has a “prescriptive easement” for the utilities because of their
preexisting condition. The City’s Legal Department has advised that a prescriptive easement
does not exist in this instance, and that such an easement can only be established and its
scope defined through the courts.
The City's practice has been to require easements on plats and to have an easement
document for City utilities that describes the scope of the obligations and protections
that are part of an easement. Easement documents typically address matters such as
whether structures may be placed in the easement, the right of the grantee to install,
maintain, or remove the utilities, and restoration obligations.
These details benefit all parties by clearly defining use and limitations. While
delineation on a plat establishes a boundary for an easement, it does not define any
particular rig h t s . Examples of common water and sewer main easement language is
attached. These same examples have been provided to the applicant.
The Legal Department advises that the City Council require the additional easement
document for the benefit of the property owner and the City to define the limitation of
the easement with the approval of the Plat of Survey. This is Alternative #2 below.
ALTERNATIVES:
1. Accept the Plat of Survey as requested by the applicant with no easement documents
and direct the Planning Director to approve the Plat of Survey. The plat would then be
recorded prior to approval of the Minor Site Development Plan.
2. Conditionally accept the Plat of Survey by directing the Planning Director to approve the
Plat of Survey with water main and sanitary sewer easement documents consistent with
the attached examples, or as approved by the City Attorney. Both the plat and
easements must be recorded prior to approval of a Minor Site Development Plan for the
new use.
CITY MANAGER'S RECOMMENDED ACTION:
The City Council has the discretion to require the easement document to accompany the plat
or to determine that the proposed plat with the graphical depiction on the plat satisfies the City
code requirement.
The standard practice is to improve conditions of a site with the conveyance parcel
process. Having an easement document is advised by staff as it provides absolute
clarity regarding rights and responsibilities for both parties. Without the document, the
right to place buildings or stockpiles in the area of the easement is unclear. The
easements do not prevent any regular use of the site that is not contrary to language of
the easement (e.g., driving or parking vehicles, etc.). Therefore, it is the recommendation
of the City Manager that the City Council approve Alternative #2 and require easement
documents.
Due the disagreement about the conveyance parcel process, easements, and zoning
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requirements, the Minor Site Development Plan approval for the concrete facility has been
delayed for several weeks awaiting applicant updates and then scheduling the item for City
Council review. With approval of the Plat of Survey on July 14, the applicant will be able to
proceed with the project.
ATTACHMENT(S):
701 Dayton Location Map.pdf
SURVEY - 701 Dayton.PDF
Example sanitary sewer main easement.PDF
Example water main easement.PDF
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701 Dayton
North Location Map with Utility Locations
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PART OF LOT 1
(SEE SURVEY BK. 8, P. 191)
BLOCK 5
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SEC. 1-83-24
FD. CUT 'X' IN
CONCRETE RDWY.
(INSTR. #: 2016-6238)
PARCEL 'G'
OF LOT 1
(BK. 147, P. 198-199)
4.48 Acres Total
195,038 S.F. Total
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SE COR. LOT 1
P.O.B.
P.O.C. WATER EASEMENT
P.O.C. SANITARY SEWER EASEMENT
N81°57'56"E
90.75'
CHICAGO & NO
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CENTERLINE OF
SOUTH TRACKS
PLATTED 5' UTILITY EASEMENT
SE COR.
SEC. 1-83-24
FD. CUT 'X' IN
CONCRETE RDWY.
90°
N87°40'18"W
866.37' (866.3') (865.89')
232.06'
S02°16'50"W
40.57'
N87°43'10"W
276.50'
S53°
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S79°50'02"W
97.12'
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P.O.B.
SANITARY SEWER EASEMENT P.O.B.
WATER EASEMENT
485.63'
10.00'
20.00'
5.00'
10.00'
5.00'
℄ WATER LINE
℄ SANITARY
SEWER LINE
P.O.T.
WATER EASEMENT
P.O.T.
SANITARY SEWER EASEMENT
SANITARY SEWER EASEMENT
8,886 S.F.
LANDFIL
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WATER EASEMENT
3,171 S.F.
INDEX LEGEND
Location:
Requestor:
Proprietor:
Surveyor:
Beck Engineering, Inc.
2480 Berkshire Parkway, Suite B
Clive, Iowa 50325
(515) 330-1538
Legal Description for Parcel 'G':
That part of Lot 1, Block 5, Plat of Landfill Addition, City of Ames, Story County, Iowa, previously described in a Warranty Deed
recorded in Book 147, Pages 198-199, located in the Story County Recorder's Office, containing 4.48 acres and being subject to
any and all easements, be they of record or not.
Said record description, more particularly described as follows: Beginning at the Southeasterly corner of said Lot 1; thence North
a distance of 147.7 feet along the East Line of said Lot 1; thence N 87°04' W a distance of 866.3 feet; thence S 0°43' E a
distance of 303.9 feet to the Northerly right-of-way line of the C&NWRR; thence N 82°36' E a distance of 868.6 feet to the point
of beginning, subject to applicable zoning regulations and easements for public utilities; established roads and highways, and a
building setback line of 50 feet from Dayton Avenue.
Legal Description for Water Easement:
That part of Parcel 'G' of Lot 1, Block 5, Plat of Landfill Addition, City of Ames, Story County, Iowa, more particularly described
as follows: A 10.00-foot-wide strip of land lying 5.00 feet contiguous with and measured perpendicular from the following
described centerline of an existing Water Line: COMMENCING at the Southeast Corner of said Lot 1, said point also being the
Southeast Corner of said Parcel 'G' of Lot 1; thence N00°40'13"W on the East line of said Parcel 'G' of Lot 1 a distance of
147.57 feet to the Northeast Corner of said Parcel 'G' of Lot 1; thence N87°40'18"W on the North line of said Parcel 'G' of Lot 1
a distance of 232.06 feet to said centerline, said point being the POINT OF BEGINNING; thence S02°16'50"W on said
centerline a distance of 40.57 feet; thence N87°43'10"W on said centerline a distance of 276.50 feet to a point located 5.00 feet
N87°43'10"W of the terminus of said centerline, said point being the POINT OF TERMINUS, the sidelines of said easement are
to be lengthened or shortened to terminate at the North Line of said Parcel 'G' of Lot 1, containing 3,171 square feet and being
subservient to any and all prior easements, be they of record or not.
Legal Description for Sanitary Sewer Easement:
That part of Parcel 'G' of Lot 1, Block 5, Plat of Landfill Addition, City of Ames, Story County, Iowa, more particularly described
as follows: A 20.00-foot-wide strip of land lying 10.00 feet contiguous with and measured perpendicular from the following
described centerline of an existing Sanitary Sewer Line: COMMENCING at the Southeast Corner of said Lot 1, said point also
being the Southeast Corner of said Parcel 'G' of Lot 1; thence N00°40'13"W on the East line of said Parcel 'G' of Lot 1 a
distance of 147.57 feet to the Northeast Corner of said Parcel 'G' of Lot 1; thence N87°40'18"W on the North line of said Parcel
'G' of Lot 1 a distance of 485.63 feet to said centerline, said point being the POINT OF BEGINNING; thence S53°33'27"W on
said centerline a distance of 221.14 feet; thence S79°50'02"W on said centerline a distance of 97.12 feet; thence S00°15'13"E
on said centerline a distance of 126.05 feet to the South line of said Parcel 'G' of Lot 1, said point being the POINT OF
TERMINUS, the sidelines of said easement are to be lengthened or shortened to terminate at the North and South Lines of said
Parcel 'G' of Lot 1, containing 8,886 square feet and being subservient to any and all prior easements, be they of record or not.
PLAT OF SURVEY
N
BEI PROJECT #: S26021
SURVEYED: MAR, 2026 BY AJ
(1" = 100')
50 100
GRAPHIC SCALE
0
SURVEYOR'S NOTES:
1.BEARINGS ARE ASSUMED TO BEAR AS SHOWN FROM THE IOWA
REGIONAL COORDINATE SYSTEM, ZONE 8: AMES - DES MOINES. ALL
DISTANCES MEASURED USING THE U.S. SURVEY FOOT.
2.THIS SURVEY WAS COMPLETED WITHOUT THE BENEFIT OF A FULL TITLE
SEARCH. ADDITIONAL EASEMENTS, RECORDED OR UNRECORDED, NOT
SHOWN ON THIS PLAT MAY EXIST.
3.ANY DOCUMENTS REFERENCED ON THIS PLAT OF SURVEY ARE
LOCATED IN THE STORY COUNTY RECORDER'S OFFICE UNLESS NOTED
OTHERWISE.
DRAFTED BY AJCivil Engineering - Land Surveying
Landscape Architecture - Architecture
Prepared by
& Return to:
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.
Pages certified by this seal: 1
Date: Axel Johnston, P.L.S. #30069
License renewal date: 12/31/2026
IOWA
AXEL
JOHNSTON
30069PROFESSIONAL LAND SURVEYOR
SET RED CAPPED 1/2" REBAR #30069
Axel Johnston, P.L.S. #30069
Renaud Engineering, LLC - Scott Renaud
A.M.X. CORP.
LEGEND
FOUND 3/4" REBAR
FOUND YELLOW CAPPED 1/2" REBAR #17162
RECORD DIMENSION( )
FOUND YELLOW CAPPED 1/2" REBAR #ILLEGIBLE
COMPUTED POINT - NOTHING FOUND OR SET
FOUND SECTION CORNER AS NOTED
Subdivision: Landfill Addition - Block: 5 - Lot: 1
I hereby certify on ___________________ that the Plat of Survey is consistent with
Chapter 23 of the Ames Municipal Code and any conditions of approval.
______________________________________________
Planning & Housing Director
03-31-2026
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