HomeMy WebLinkAboutA004 - Zoning Change Agreement with Harms Building Partnership, September 26, 1995 ZONING CHANGE AGREEMENT
This Zoning Change Agreement("Agreement") is made and entered into by and between HARMS
BUILDING PARTNERSHIP, ("Property Owners") and THE CITY OF AMES, IOWA, a municipal
corporation("City").
WITNESSETH :
WHEREAS,the Property Owners now own certain real estate in Story County,Iowa described as:
Lot 7,Lot 8,and Lot 9 of Block 8, Sunrise Addition to the City of Ames,Iowa,also known
as 115 East 1 lth Street, 121 East I lth'Street, 1103 Carroll Avenue, and 1107 Carroll
Avenue,Ames,Iowa,
and shown on the plat attached as Exhibit A hereto (the"Property");and, i
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WHEREAS, Property Owners have petitioned the City requesting a zoning change to rezone said M
Property from District Classification R1-6 to District Classification H-M as restricted by this Agreement; and \
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WHEREAS,it is the desire of Property Owners and City that any such rezoning shall be conditioned i
upon the terms and conditions of this Agreement pursuant to and in accordance with Section 414.5 of the 1995
Iowa Code. o
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NOW,THEREFORE, in consideration of the above premises,the rezoning of the Property and the
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promises and agreements set forth herein, it is hereby agreed between Property Owners and City as follows:
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I. The Property Owners shall not demolish any house on the property without first H
evaluating the condition of the house,and submitting such evaluation information to
the City Director of Planning and Housing to determine if the house is suitable for
relocation to another site. o
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2. If the Property Owners and the City Director of Planning and Housing concur that
the condition of a house is such that it is not suitable for relocation to another site,
that house may be demolished.
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3. If the City Director of Planning and Housing determines that the house is suitable for
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relocation to another site,a reasonable attempt shall be made by the Property Owners
to do so.
4. After the property has been rezoned to H-M,the Property Owners shall:
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a. Publish an advertisement in newspapers of general circulation in 0 3 o O
Boone and Story Counties, once each week for four consecutive p irj
weeks,or until the house is sold for relocation,soliciting proposals 1 w J
relocation of the house. cc for e �pc
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b. The aforesaid solicitation shall state that offers shall: } C.3 $ .�►
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(1) be submitted to both the Property Owners and the City U.
(2) state the proposed site for relocation,and that the site shall
be subject to approval by the City
(3) state a schedule for relocation of the house that is within 120 days
after the 30 day advertising period.
If no reasonable proposals are received for relocation of the house to a site approved
by the City, the house may be demolished after the 30-day advertising period when
the City Director of Planning and Housing is convinced that a reasonable attempt has
been made to relocate the house.
5. This Agreement shall be recorded with the Story County Recorder as an Exhibit to
the ordinance rezoning the Property from District Classification R1-6 to District
Classification H-M 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 Code,as amended.
6. That the terms and conditions of this Agreement shall be binding upon and shall inure --Now
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.
7. 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
may be 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.
8. 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 7.6 day of 5EP-cen%s0Z— , 1995.
PROPERTY OWNERS: CITY:
HARMS BUILDING ARTNERSHIP CITY O ,IOWA
By: B .
�-- Mayor
By: — ATTEST: c
By: -
City Clerk
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STATE OF IOWA
ss:
COUNTY OF STORY
On this -L5 day of 5EQTg#48E2 , 1995,before me, the undersigned,a Notary Public in and
for the State of Iowa, personally appeared w.Amns.Os tsctua 4 ,to me personally known,who being by me
duly sworn, did say that the person is one of the partners of Harms Building Partnership,a partnership,and
that the instrument was signed on behalf of the partnership by authority of the partners and the partner
acknowledged the execution of the instrument to be the voluntary act and deed of the partnership by it and
by the partner voluntarily executed.
RANDOLPH I ECKARD
MY COMMISSION EXPIRES
ow. ICI-1
Notary for b is 'n and
Story Co t , Iowa
STATE OF IOWA
ss:
COUNTY OF STORY
On this day o� , 1995, before me, a Notary Public in and for the State of
Iowa, personally appeared Larry R. Curtis 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 Cgy Council, as
contained in Resolution No. ':tS- Z8 adopted by the City Council on the day of {-,",,
1995, and that Larry R. Curtis and Sandra L. Ryan 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 exegAt6d:
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Notary Public in and for -- <l
St o County, Iowa
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95- 09067 (5 3