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HomeMy WebLinkAboutA020 - Resolution accepting Dedication of Right-of-Way for 1717 E. Lincoln Way with a Plat of SurveyITEM #:20 DATE:09-22-26 DEPT:P&H SUBJECT:RESOLUTION ACCEPTING DEDICATION OF RIGHT-OF-WAY FOR E. LINCOLN WAY WITH A PLAT OF SURVEY COUNCIL ACTION FORM BACKGROUND: The City's Subdivision Code in Chapter 23 of the Ames Municipal Code includes a process for creating or modifying property boundaries and for determining if any improvements are required in conjunction with the platting of property. The subject, unplatted (conveyance) property is located at 1717 E. Lincoln Way, just northwest of the intersection with Freel Drive (Attachment A). The property is home to First Class Signs. The owners have submitted a Minor Site Development Plan to build an addition to the north side of the existing building. In order to approve the addition, the conveyance parcel must be surveyed and established as a parcel with a plat of survey. With a conveyance parcel plat of survey, the City requires easements and dedications consistent with standards of Chapter 23. Right-of-way has never been dedicated for this property and is proposed for dedication at this time. After dedication of 0.26 acres of right-of-way, the remaining parcel will be 1.50 acres. The right-of-way dedication will not create any encroachments of private improvements into the dedicated right-of-way. The front property line will align with the lot immediately to the west. The property to the east is a conveyance parcel and right-of-way has not been formally dedicated. Plats of survey for conveyance parcels are not ordinarily presented to City Council for review, but because this particular plat of survey involves right-of-way dedication the City Council must approve accepting the dedication of approximately 180 linear feet of right-of-way along E. Lincoln Way. This dedication must be accepted before the plat of survey can be recorded (see Attachments B & C). Deeds conveying the right-of-way for each original property are shown in Attachment D. ALTERNATIVES: 1. Approve a resolution accepting the right-of-way dedication with the attached deeds, thereby authorizing the Planning and Housing Director to approve the final Plat of Survey. 2. Deny the acceptance of the right-of-way on the basis that the City Council finds that the requirements for Plats of Survey and right-of-way dedication requirements as described in Sec. 23.307 and 23.308 have not been satisfied. 3. Refer this request back to staff and/or the owners for additional information. 1 CITY MANAGER'S RECOMMENDED ACTION: The Plat of Survey will create a surveyed parcel for the existing conveyance parcel and will dedicate the right-of-way for E. Lincoln Way. No other changes to the boundary are pro posed. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1, as described above. ATTACHMENT(S): Attachment A - Location Map.pdf Attachment B - Plat of Survey.pdf Attachment C- Acquisition Plat.pdf Attachment D - Warranty Deed.pdf 2 E LINCOLN WAY FREEL DR Legend 1717 E. Lincoln Way 0 100 20050Feet ¯Attachm ent A Plat of SurveyRight-of-Way Dedication1717 E. Lincoln Way 3 CL CL CL CLIRIPIP IP IP IP IP IPIP S89°43'25"E 230.34' S89°43'25"E 230.34' S89°43'25"E 230.34' N89°53'33"W 179.89' S89°47'07"E 259.95' 12 1 . 6 0 ' 24 1 . 8 8 ' 18 1 . 5 0 ' S89°48'30"E 130.11' 18 1 . 5 4 ' N89°58'03"E 179.77' S89°45'10"E 232.81' S0 0 ° 3 1 ' 2 4 " E 62 . 8 8 ' S89°45'10"E 179.76' N0 0 ° 3 0 ' 1 8 " W 63 . 7 6 ' S0 0 ° 3 2 ' 1 1 " E 18 1 . 6 3 ' S89°45'10"E 2203.17' S89°45'10"E 2615.73' SEC. COR. TO SEC. COR. SW1 / 4 S E 1 / 4 SEC . 0 1 - 8 3 - 2 4 PARCEL "R" 65,326.62 SQ.FT. 1.50 ACRES PROPOSED TRACT "R" 10 ' P . U . E . S0 0 ° 3 1 ' 2 4 " E 36 3 . 4 7 ' N0 0 ° 3 0 ' 1 8 " W 36 3 . 0 3 ' H & B S U B D I V I S I O N 2ND A D D I T I O N SLID E 3 3 9 , P A G E 1 LAND F I L L A D D I T I O N BOO K 1 2 3 , P A G E 4 3 9 WAR R A N T Y D E E D IN S T R . 2 0 1 2 - 0 0 0 0 7 0 4 6 WAR R A N T Y D E E D INS T R . 2 0 1 2 - 0 0 0 0 7 0 4 6 (130.0') (1 8 1 . 5 ' ) (1 8 1 . 6 6 ' ) (1 2 1 . 5 1 ' ) (2 4 2 . 1 0 ' ) (1 8 1 . 5 ' ) (260.0') POINT OF COMMENCEMENT S 1/4 CORNER SECTION 01-83-24 FND CUT "X" 10' WATERMAIN EASEMENT S89°45'10"E 179.76' (230.24') (230.24') WAR R A N T Y D E E D INS T R . 2 0 1 8 - 0 0 0 0 1 2 5 1 (180') (180') S89°45'10"E 130.25' N89°42'37"W 197.57' (197.59') POINT OF BEGINNING PARCEL "R" SE CORNER SECTION 01-83-24 FND CUT "X" LOT 1 LOT 2 N0 0 ° 1 1 ' 3 2 " W 42 6 . 4 5 ' S0 0 ° 3 2 ' 1 1 " E 63 . 7 9 ' E. LINCOLN WAY E. LINCOLN WAY FND CUT "X"FND 1/2" REBAR W/ YLW PLASTIC CAP #8136 FND 1/2" REBAR W/ YLW PLASTIC CAP #8136 FND 1/2" REBAR W/ YLW PLASTIC CAP #8136 FND 5/8" REBAR FND 5/8" REBAR DATE OF SURVEY: N SHEET 1 OF 3 Proprietor: Return To: INDEX LEGEND Description: AMESCity: County: PROJECT NO.9980 STORY COUNTY MARC C. HOODJER, P.L.S. WHKS & Co. 1421 S. BELL AVE., Suite 103 AMES, IA 50010-7710 mhoodjer@whks.com PLAT OF SURVEY 7-15-2026 THAT PART OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 1, T83N, R24W OF THE 5TH P.M., STORY COUNTY, IOWA SCOTT TANNER & JULI TANNER My license renewal date is December 31, 2026 MARC C. HOODJER P.L.S. License Number #22634 Date Pages or sheets covered by this seal: FND - PARCEL OR LOT CORNER FND - PLSS CORNER (as noted) LEGEND: TANNER SURVEY STORY COUNTY, IOWA SET - 1/2" DIAMETER x 30" IRON REBAR w/YELLOW PLASTIC ID CAP (#22634) SET - PLSS CORNER - 1/2" DIAMETER x 30" IRON REBAR w/YELLOW PLASTIC ID CAP (#22634) WA SUIISOO DNLLAAN PRO M O DENRCCIL 22634 S FE A ES C .H DO R VR EYO JER 0 FEET 50 100 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. NOTE: SEE PAGE 2 OF 3 FOR LEGAL DESCRIPTIONS SEE PAGE 3 OF 3 FOR EASEMENT DETAILS ALL BEARINGS AND DISTANCES ARE THE RESULT OF G.P.S. OBSERVATIONS UTILIZING THE IOWA D.O.T. RTN AND THE IOWA REGIONAL COORDINATE SYSTEM ZONE 8.( ) RECORDED AS 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 4 LEGAL DESCRIPTION: PARCEL "R" LOCATED IN THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 01, TOWNSHIP 83 NORTH, RANGE 24 WEST OF THE 5TH P. M., STORY COUNTY, IOWA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTH 1/4 CORNER OF SECTION 01, TOWNSHIP 83 NORTH, RANGE 24 WEST OF THE 5TH P.M., STORY COUNTY, IOWA; THENCE SOUTH 89°45'10" EAST, 232.81 FEET ALONG THE SOUTHERLY LINE OF SOUTHEAST QUARTER OF SAID SECTION 01 TO THE SOUTHWEST CORNER OF CERTAIN PARCEL DESCRIBED IN INSTRUMENT #2018-00001251 IN THE OFFICE OF THE RECORDER, STORY COUNTY, IOWA; THENCE CONTINUING SOUTH 89°45'10" EAST, 179.76 FEET TO THE SOUTHEAST CORNER OF SAID CERTAIN PARCEL; THENCE NORTH 00°30'18" WEST, 63.76 FEET TO THE POINT OF BEGINNING, THENCE NORTH 00°30'18" WEST 363.03 FEET TO THE NORTHEAST CORNER OF SAID CERTAIN PARCEL; THENCE N89°53'33" WEST, 179.89 FEET TO THE NORTHWEST CORNER OF SAID CERTAIN PARCEL; THENCE SOUTH 00°31"24" EAST, 363.47 FEET ALONG THE WEST LINE OF SAID CERTAIN PARCEL; THENCE NORTH 89°58'03" EAST 179.77 FEET TO THE POINT OF BEGINNING, CONTAINING 1.50 ACRES/65,326.62 SQ. FEET. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD, IF ANY. DATE OF SURVEY: N SHEET 2 OF 3 PROJECT NO.9980 7-15-2026 10 FOOT WIDE PUBLIC UTILTY EASEMENT (PUE): THE SOUTH 10 FEET OF PARCEL "R" AS SHOWN ON PAGE 3. 10 FOOT WIDE WATER MAIN EASEMENT: THE EAST 10 FEET OF THE SOUTH 135 FEET OF PARCEL "R" AS SHOWN ON PAGE 3. LEGAL DESCRIPTIONS 5 6 CL CL CL CLIRIPIP IP IP IP IP IPIP S89°43'25"E 230.34' S89°43'25"E 230.34' S89°43'25"E 230.34' N89°53'33"W 179.89' S89°47'07"E 259.95' 12 1 . 6 0 ' 24 1 . 8 8 ' 18 1 . 5 0 ' S89°48'30"E 130.11' 18 1 . 5 4 ' S89°58'03"W 179.77' S89°45'10"E 232.81' S0 0 ° 3 1 ' 2 4 " E 62 . 8 8 ' S89°45'10"E 179.76' N0 0 ° 3 0 ' 1 8 " W 63 . 7 6 ' S0 0 ° 3 2 ' 1 1 " E 18 1 . 6 3 ' S89°45'10"E 2203.17' S89°45'10"E 2615.73' SEC. COR. TO SEC. COR. SW1 / 4 S E 1 / 4 SEC . 0 1 - 8 3 - 2 4 PROPOSED PARCEL "R" 65,326.62 SQ.FT. 1.50 ACRES TRACT "R" 11382.41 SQ.FT. 0.26 ACRES 10 ' P . U . E . S0 0 ° 3 1 ' 2 4 " E 36 3 . 4 7 ' N0 0 ° 3 0 ' 1 8 " W 36 3 . 0 3 ' H & B S U B D I V I S I O N 2ND A D D I T I O N SLID E 3 3 9 , P A G E 1 WAR R A N T Y D E E D IN S T R . 2 0 1 2 - 0 0 0 0 7 0 4 6 WAR R A N T Y D E E D INS T R . 2 0 1 2 - 0 0 0 0 7 0 4 6 (130.0') (1 8 1 . 5 ' ) (1 8 1 . 6 6 ' ) (1 2 1 . 5 1 ' ) (2 4 2 . 1 0 ' ) (1 8 1 . 5 ' ) (260.0') POINT OF COMMENCEMENT S 1/4 CORNER SECTION 01-83-24 FND CUT "X" 10' WATERMAIN EASEMENT S89°58'03"W 179.77' S89°45'10"E 179.76' (230.24') (230.24')(180') (180') S89°45'10"E 130.25' N89°42'37"W 197.57' (197.59') POINT OF BEGINNING SE CORNER SECTION 01-83-24 FND CUT "X" LOT 1 LOT 2 N0 0 ° 1 1 ' 3 2 " W 42 6 . 4 5 ' S0 0 ° 3 2 ' 1 1 " E 63 . 7 9 ' E. LINCOLN WAY E. LINCOLN WAY FND CUT "X"FND 1/2" REBAR W/ YLW PLASTIC CAP #8136 FND 1/2" REBAR W/ YLW PLASTIC CAP #8136 FND 1/2" REBAR W/ YLW PLASTIC CAP #8136 FND 5/8" REBAR FND 5/8" REBAR WAR R A N T Y D E E D INS T R . 2 0 1 8 - 0 0 0 0 1 2 5 1 DATE OF SURVEY: N SHEET 1 OF 1 Proprietor: Return To: INDEX LEGEND Description: AMESCity: County: PROJECT NO.9980 STORY COUNTY MARC C. HOODJER, P.L.S. WHKS & Co. 1421 S. BELL AVE., Suite 103 AMES, IA 50010-7710 mhoodjer@whks.com ACQUISITION PLAT 7-15-2026 THAT PART OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 1, T83N, R24W OF THE 5TH P.M., STORY COUNTY, IOWA SCOTT TANNER & JULI TANNER My license renewal date is December 31, 2026 MARC C. HOODJER P.L.S. License Number #22634 Date Pages or sheets covered by this seal: FND - PARCEL OR LOT CORNER FND - PLSS CORNER (as noted) LEGEND: EAST LINCOLN WAY AQUISITION SURVEY STORY COUNTY, IOWA SET - 1/2" DIAMETER x 30" IRON REBAR w/YELLOW PLASTIC ID CAP (#22634) SET - PLSS CORNER - 1/2" DIAMETER x 30" IRON REBAR w/YELLOW PLASTIC ID CAP (#22634) WA SUIISOO DNLLAAN PRO M O DENRCCIL 22634 S FE A ES C .H DO R VR EYO JER 0 FEET 50 100 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. LEGAL DESCRIPTION: TRACT "R" LOCATED IN THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 01, TOWNSHIP 83 NORTH, RANGE 24 WEST OF THE 5TH P.M., STORY COUNTY, IOWA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTH 1/4 CORNER OF SECTION 01, TOWNSHIP 83 NORTH, RANGE 24 WEST OF THE 5TH P.M., STORY COUNTY, IOWA; THENCE SOUTH 89°45'10" EAST, 232.81 FEET ALONG THE SOUTHERLY LINE OF SOUTHEAST QUARTER OF SAID SECTION 01 TO THE SOUTHWEST CORNER OF CERTAIN PARCEL DESCRIBED IN INSTRUMENT #2018-01251 IN THE OFFICE OF THE RECORDER, STORY COUNTY, IOWA AND THE POINT OF BEGINNING; THENCE CONTINUING SOUTH 89°45'10" EAST, 179.76 FEET ALONG SAID SOUTH LINE OF SECTION 01 TO THE SOUTHEAST CORNER OF SAID CERTAIN PARCEL; THENCE NORTH 00°30'18" WEST 63.76 FEET ALONG SAID EAST LINE OF SAID CERTAIN PARCEL; THENCE SOUTH 89°58'03" WEST 179.77 FEET TO THE WEST LINE OF SAID CERTAIN PARCEL; THENCE SOUTH 00°31'24" EAST 62.88 FEET ALONG THE WEST LINE OF SAID PARCEL TO THE POINT OF BEGINNING, CONTAINING 0.26 ACRES/11,382.41 SQ. FEET TOTAL. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD, IF ANY. NOTE: THE PURPOSE OF THIS PLAT IS THE ACQUISITION OF EXISTING RIGHT OF WAY OF EAST LINCOLN WAY. ALL BEARINGS AND DISTANCES ARE THE RESULT OF G.P.S. OBSERVATIONS UTILIZING THE IOWA D.O.T. RTN AND THE IOWA REGIONAL COORDINATE SYSTEM ZONE 8. ( ) RECORDED AS 7 Page 1 of 3 Prepared By: Ryan L. Haaland, Fredrikson & Byron P.A., 111 E. Grand Ave., Ste. 301, Des Moines, IA 50309; (515) 242 -8900 Return & Tax Docs To: City Clerk, 515 Clark Avenue, Ames, Iowa 50010 WARRANTY DEED For the consideration of One Dollar(s) and other valuable consideration, Scott Tanner and Juli Tanner, a married couple (“Grantors”), do hereby convey to City of Ames, Iowa (“Grantee”), the following described real estate, as more particularly described on Exhibit A attached hereto and incorporated herein by this reference. The Grantors hereby covenant with the Grantee, and successors in interest, that they hold the real estate by title in fee simple; that Grantors have good and lawful authority to sell and convey the real estate; that the real estate is free and clear of all liens and encumbrances, except as may be above stated; and Grantors covenant to warrant and defend the real estate against the lawful claims of all persons, except as may be above stated. Words and phrases herein, including acknowledgment hereof, shall be construed as in the singular or plural number, according to the context. This instrument is exempt pursuant to Iowa Code 428A.2(6). There is no known private burial site, well, solid waste disposal site, underground storage tank, hazardous waste, or private sewage disposal system on the property as described in Iowa Code section 558.69, and therefore the transaction is exempt from the requirement to submit a groundwater hazard statement. Dated: ________________________, 2026 ATTACHMENT D 8 Page 2 of 3 Grantors: ____________________________ ____________________________ Scott Tanner Juli Tanner STATE OF IOWA, COUNTY OF STORY: This record was acknowledged before me on _________________________, 2026 by Scott Tanner and Juli Tanner. __________________________________ Signature of Notary Public 9 Page 3 of 3 EXHIBIT A TRACT "R" LOCATED IN THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 01, TOWNSHIP 83 NORTH, RANGE 24 WEST OF THE 5TH P.M., STORY COUNTY, IOWA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTH 1/4 CORNER OF SECTION 01, TOWNSHIP 83 NORTH, RANGE 24 WEST OF THE 5TH P.M., STORY COUNTY, IOWA; THENCE SOUTH 89°45'10" EAST, 232.81 FEET ALONG THE SOUTHERLY LINE OF SOUTHEAST QUARTER OF SAID SECTION 01 TO THE SOUTHWEST CORNER OF CERTAIN PARCEL DESCRIBED IN INSTRUMENT #2018-01251 IN THE OFFICE OF THE RECORDER, STORY COUNTY, IOWA AND THE POINT OF BEGINNING; THENCE CONTINUING SOUTH 89°45'10" EAST, 179.76 FEET ALONG SAID SOUTH LINE OF SECTION 01 TO THE SOUTHEAST CORNER OF SAID CERTAIN PARCEL; THENCE NORTH 00°30'18" WEST 63.76 FEET ALONG SAID EAST LINE OF SAID CERTAIN PARCEL; THENCE SOUTH 89°58'03" WEST 179.77 FEET TO THE WEST LINE OF SAID CERTAIN PARCEL; THENCE SOUTH 00°31'24" EAST 62.88 FEET ALONG THE WEST LINE OF SAID PARCEL TO THE POINT OF BEGINNING, CONTAINING 0.26 ACRES/11,382.41 SQ. FEET TOTAL. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD, IF ANY. 10