HomeMy WebLinkAboutA002 - Zoning Change Agreement between William C. Knapp and the City of Ames, Iow '94ST.14o. w ...U544
,g'fORY COUNTY, IOWA
Vi IIED FOR RECORD
1 � JUN 3 0 1995 pyj
� �� ZONING CHANGE AGREEMENT
lnq Fee s
e Agreement ("Agreement") is made and entered into by and
between WILLIAM C. KNAPP, TRUSTEE OF THE WILLIAM C. KNAPP
REVOCABLE TRUST, ("Property Owner") and THE CITY OF AMES, IOWA, a
municipal corporation ("City").
WITNESSETH:
WHEREAS, the Property Owner now owns that certain real estate in Story
County, Iowa described as Parcels "A" and "C" on Exhibit A attached hereto (the
"Property");
WHEREAS, Property Owner has petitioned the City requesting a zoning change
to rezone said Property from District Classification A-1 to District Classification R-2 as
restricted by this agreement; and
WHEREAS, it is the desire of Property Owner and City that any such rezoning
shall be conditioned upon the terms and conditions of this Agreement pursuant to and in
accordance with Section 414.5 of the 1995 Iowa Code.
NOW, THEREFORE, in consideration of the above premises, the rezoning of
the Property and the promises and agreements set forth herein, it is hereby agreed
between Property Owner and City as follows:
1. Density. Density on the Property described as Parcel "A" and Parcel
"C" on Exhibit A shall not exceed nine (9) units per acre.
2. Effective. The Property Owner's obligations pursuant to this Agreement
are subject to and contingent upon approval by the City Council of the
City of the rezoning of the Property from District Classification A-1 to
District Classification R-2 as restricted by this agreement. In the event
the City Council of the City does not approve said zoning change, this
Agreement shall be null and void.
3. Recording. This Agreement shall be recorded with the Story County,
q Iowa, Recorder as an Exhibit to the ordinance rezoning the Property
`•j` from District Classification A-1 to District Classification R-2 as
l�} restricted by this agreement and shall constitute a valid and effective
agreement pursuant to the terms and conditions of Section 414.5 of the
Q 1995 Iowa Code, as amended.
i
4. Binding. That the terms and conditions of this Agreement shall be
�. binding upon and shall inure to the benefit of the heirs, successors and
assigns of the respective parties hereto, and all of the terms and
conditions of this Agreement shall constitute conditions, covenants and
restrictions running with the land in perpetuity for that certain real estate
described above as the Property.
5. Further Action. The Property Owner, and each owner or lessee of any
portion of the Property by acceptance of a deed, contract or lease, agree
to take any and all further action as may be necessary, to further bind the
Property Owner or their heirs, successors or assigns in the grant of
rights, duties and obligations under this Agreement. The Property
Owner and each such owner or lessee agrees to take any and all such
action requested by the City to fulfill and enforce the terms and
conditions of this Agreement.
6. Severability. The invalidity of any one or more phrases, sentences,
clauses, paragraphs or sections hereof shall not affect the enforceability
of the remaining portions of this Agreement, or any part thereof, which
shall remain in full force and effect.
Executed thisZ day of May, 1995.
PROPERTY OWNER: CITY: t�aY
CITY OF WES, IQ�N
B ( I .. 1 e yr
(William C. Knapp, Tru Mayor ^ ; -�
William C. Knapp Revoca le Trust
ATTEST: ' ;
V• .l( Rt"n
City Clerk
ApPRO D To
STATE OF IOWA ) e
SS: Joh law
COUNTY OF STORY) oily Auomey
On this oZ 741`day of 1995, before me the undersigned, personally
appeared Z ,e R.Lj&Ic and-54AIw L. , to me personally known, Who
being by me duly sworn, did say that they are the Mayor and City Clerk, respectively,
of the City of Ames, Iowa; that the seal affixed to the foregoing instrument is the
corporate seal of the corporation, and that the instrument was signed and sealed on
behalf of the corporation, by authority of its City Council, as contained in Ordinance
No. 333E passed (the Resolution adopted) by the City Counci under Roll Call
No. ,�-3 of the City Council on the Z7'0-� day of Le� , 1995
and that Ilf- and 5,ilp acknowledged the execution of the
instrument to be their voluntary act and deed and the voluntary act and deed of the
corporation, by it voluntarily executed.
Notary Public in fife"Staf6 of Iowa
a S- 0530 (70 -2-
`y.
a •
STATE OF IOWA )
) SS:
COUNTY OF POLK )
On this1q± day of May, 1995, before me the undersigned, a Notary Public
in and for the State of Iowa, personally appeared William C. Knapp, to me known to
be the identical person named in and who executed the foregoing instrument, and
acknowledged that the person, as the fiduciary, executed the instrument as the
voluntary act and deed of the person and of the fiduciary.
�U_ .
Notary Public in the State of ` `" °' ;�,
r
,Y '
c:\word\misc\zonchang.doc
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q5- 05341 ( 3) -3-
EXHIBIT "A"
PARCEL "A"
A PARCEL OF LAND IN THE NW 1/4 OF THE NW 1/4 OF SECTION 27 ,
TOWNSHIP 84 NORTH, RANGE 24 WEST OF THE 5th P.M. AND THE NE 1/4
OF THE NE 1/4 OF SECTION 28, TOWNSHIP 84 NORTH, RANGE 24 WEST OF
THE 5th P.M. , STORY COUNTY, IOWA, THAT IS MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SAID SECTION 27;
THENCE S89`02'50"E, 984.20 FEET ALONG THE NORTH LINE OF
SAID SECTION 27 TO A POINT; THENCE S51`0010011W, 102. 60
FEET TO A POINT OF CURVATURE; THENCE SOUTHERLY ALONG A.
CURVE TO THE LEFT HAVING A RADIUS OF 750.00 FEET AND AN
ARC LENGTH OF 327.25 FEET TO A POINT OF TANGENCY;
THENCE S26*0010011W, 151.02 FEET TO A POINT OF
CURVATURE; THENCE WESTERLY ALONG A CURVE TO THE RIGHT
HAVING A RADIUS OF 500.00 FEET AND AN ARC LENGTH OF
733 . 04 FEET TO A 'POINT OF TANGENCY; THENCE
N70*0010011W, 84.25 FEET TO A POINT; THENCE NORTHERLY
ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 1000.00
FEET AND AN ARC LENGTH OF 339.92 FEET TO A POINT OF
TANGENCY., SAID POINT BEING ON THE WEST LINE OF SAID
SECTION 27; THENCE N00`31'27"E, 359 . 74 FEET TO THE '
POINT OF BEGINNING AND CONTAINING 11. 865 ACRES MORE OR
LESS.
PARCEL "C"
A PARCEL OF LAND IN THE NORTH 1/2 OF THE NE 1/4 OF SECTION 28 ,
TOWNSHIP 84 NORTH, RANGE 24 WEST OF THE 5th P.M. , STORY COUNTY,
IOWA, THAT IS MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT A POINT OF REFERENCE AT THE NORTHEAST
CORNER OF SAID SECTION 28; THENCE N89`48'57"W, 1131 . 88
FEET ALONG THE NORTH LINE OF SAID SECTION 28 TO THE .
POINT OF BEGINNING; THENCE S00`11'0311W, 819 . 38 FEET TO
A POINT; THENCE S62*34'30"W, 373 . 48 FEET TO A POINT ON
THE EAST RIGHT-OF-WAY LINE OF THE CHICAGO NORTHWESTERN
RAILROAD; THENCE N27` 25'30"W, 1120 . 00 FEET ALONG SAID
EAST LINE TO A POINT ON THE NORTH LINE OF SAID SECTION
28; THENCE S89*48'57"E, 850. 00 FEET ALONG SAID NORTH
LINE TO THE POINT OF BEGINNING AND CONTAINING 12.796
ACRES MORPH, OR LESS.
9 s- 0534 01)