HomeMy WebLinkAboutA001 - Zoning Change Agreement dated July 13, 1995 with Ev Cochrane, Majorie Cochrane and Joe Chang ZONING CHANGE AGREEMENT
This Zoning Change Agreement ("Agreement") is made and entered into by and between Ev
Cochrane,Marjorie Cochrane,and Joe Chang,("Property Owners")and THE CITY OF AMES,IOWA,
a municipal corporation("City").
WITNESSETH :
WHEREAS, the Property Owners now own that certain real estate in Story County, Iowa
described as:
A parcel of land in the Southwest Quarter of the Northwest Quarter (SW'/a-NW'/a) of
Section 8 - T83N - R24W of the 5th P.M., in the City of Ames, Story County, Iowa;
described as follows:
"Commencing at the Northwest(NW)corner of Section 8-T83N-R24W of the 5th P.M.,
in the City of Ames, Story County,Iowa; thence S 00' 00' 00" W, 1,328.17 feet along the
west line of the NW'/< of said Section 8, to the Point of Beginning; thence S 89' 15' E,
700.5 feet along the north line of the SW'/-NW'/; thence S 0° 01' W, 384.0 feet; thence
S 17° 1 VW,372.04 feet; thence S 89' 54'W, 590.5 feet;thence N 00' 00'00" W, 758.05
feet along the west line of the NW'/, to the Point of Beginning."
Containing 10.795 acres, more or less, exclusive of present established road.
and shown on the plat attached as Exhibit A hereto (the "Property"); and,
WHEREAS,Property Owners have 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 Owners 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 Owners and City as
follows:
1. D nsi Density on the Property described on Exhibit A shall not exceed nine (9)
dwelling units per acre, as set forth in the Land Use Policy Plan of the City.
2. Dwelling Types: No more than five(5)duplex dwellings can be constructed on
the Property. Duplex dwellings shall be distributed on a ratio of one duplex for
every 2.159 acres.
3. Effective. The Property Owners' obligations pursuant to this Agreement are
subject to and contingent upon approval by the Ames City Council 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 Ames City Council does not
approve said zoning change, this Agreement shall be null and void.
4• R or ' . This Agreement shall be recorded with the Story County Recorder as
an Exhibit to the ordinance rezoning the Property from District Classification A-1
to District Classification R-2 as restricted by this Agreement, and shall constitute
a valid and effective Agreement pursuant to the terms and conditions of Section
414.5 of the 1995 Iowa ode, as amended.
5. 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.
6. Farther Action. The Property Owners, 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 maybe necessary, to further bind the Property Owners or their
heirs,successors or assigns in the grant of rights, duties and obligations under this
Agreement. The Property Owners 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.
7. SgygrAbility. 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 this / day of ��U , 1995.
PROPERTY OWNERS: CITY:
CITY OF ES,IOW
By: � <�u
Ev Cochrane y
Mayor
By ATTEST:
Mari rie Cochrane
By: vP
Joe Chang City Clerk
STATE OF IOWA
ss:
COUNTY OF STORY
On this /,3 day of % , 1995, before me, a Notary Public in and for Story County,
personally appeared Ev Cochrane and Marjorie Cochrane, to me known to be the persons named in and
who executed the foregoing instrument, and acknowledged that they executed the same as their
voluntary act and deed.
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Notary Public in and for
Story County, Iowa
STATE OF IOWA
ss:
COUNTY OF STORY
On this (3day of �� (/ , 1995, before me, a Notary Public in and for Story County,
personally appeared Joe Chang, to me known to be the person named in and who executed the
foregoing instrument, and acknowledged that he executed the same as his voluntary act and deed.
Notary Public in and for
Story County, Iowa
STATE OF IOWA
ss:
COUNTY OF STORY
On this as day of , 1995, before me, a Notary Public in and for the State of
Iowa, personally appeared Larry R. urtis and Sandra L. Ryan, to me personally known, and, 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 Resolution No.9S-
_�adopted by the City Council on the day of
')Q 1995, and that Larry R. Curtis and Sandra L. Ryan acknowledged the execution of the
instr Lent to be their voluntary act and deed and the voluntary act and deed of the corporation, by it
voluntarily executed.
KAREN C.THOMF80N �� �on. MYCQr �}SSIO EXPIRES
owe ��Y-a1, r7 Notary Public in and for
Story County, Iowa
LAW\cochrane.706
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