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Home My WebLink AboutA003 - Zoning Change Agreement, Northridge Subdivision DO NOT WRITE IN THE SPACE ABOVE THIS LINE-RESERVED FOR RECORDER Prepared by:John R.Klaus City of Ames Legal Department,515 Clark,Ames,Iowa 50010,Phone 515-239-5146 ZONING CHANGE AGREEMENT NORTHRIDGE SUBDIVISION This Zoning Change Agreement("Agreement") is made and entered into by and between Buck Construction Co., R. Friedrich & Sons, Donald Furman, and Erben Hunziker ('Property Owners") and THE CITY OF AMES,IOWA,a municipal corporation('City"), WITNESSETH : WHEREAS, the Property Owners now hold title to that certain real estate in Story County described on Exhibit A attached hereto; and WHEREAS,the Property Owners have petitioned the City requesting a zoning change to rezone said real estate from District Classifications A-1,R-3, and PC to R1-6,subject to the terms of this Agreement; and, WHEREAS, it is the desire of Property Owners and City that any such zoning shall be conditioned upon the terms and conditions of this Agreement pursuant to and in accordance with Section 414.5 of the 1995 Code of Iowa, NOW THEREFORE, in consideration of the above premises, the rezoning of the real estate described on Exhibit A and the promises and agreements set forth herein,it is hereby agreed between Property Owners and City as follows: 1. Multiple Family Dwelling Units. Multiple family dwelling units that could have been developed on the area to be rezoned,but for the rezoning, shall be replaced in quantity in this general area of the City. Specifically,not less than 448 multiple-family dwelling units shall be constructed on a part of the Taylor Farm site described as: The NE'/4 of the NE '/aof Section 33,T84N,R24W of the 5th P.M., and Part of the S 1/2 of the SW 1/4 of Section 28, T84N, R24W of the 5th P.M., located West of the railroad right-of-way all in accordance with the approved Master Plan of the Village as approved by the City Council pertaining to the said Taylor Farm site. 2. Effective. The Property Owners' obligations pursuant to this Agreement are subject to and contingent upon approval by the City Council of the City of the rezoning of the real estate described on Exhibit A from its present zoning classification to the R1-6 classification. 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, Iowa Recorder as an Exhibit to the ordinance rezoning the real estate described in Exhibit A and shall constitute a valid and effective agreement pursuant to the terms and conditions of Section 414.5 of the 1995 Iowa Code. 4. B dingy. 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 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. 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. AGREED to effective the 30th day of July , 1996. PROPERTY OWNERS CITY: CITY ZA ,IOWA By: By: �f Larry R. urtis,Mayor By. ATTEST: By: '0X By L. Sandra L. Ryan �Ku AG VAot&,v q 17c�b It G A 0. i �`►� C6mm�S5l cs✓� eYp• JU IRR(p By• � ' �l�, *5.0 KAREN C.THOMPSON MYCOM ISSI EXPIRES 7 STATE OF IOWA ss: COUNTY OF STORY On this 26th day of November , 19 96 ,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 City Council,as contained in OYv%�A/N,6.Ordinance �4�2 adopted by the City Council on the 26thday of November , 1996 , 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 executed. Notary Public in and f r Story County, Iowa law\zoning.617 rev.6/19/96 3 DEVELOPMENT VA I A Li L TOTAL AREA 150.4 AC rl LOT 1 (EXISTING P-C) 2.27 AC z LOTS 2,3,4,5 (EXISTING R-3) 39.17 AC e EXCESS RIGHT-OF-WAY (EXISTING A-1) 3.9 AC EXHIBIT A c a a z EXISTING R1-8 108.85 AC (INCLUDES ROAD R/W & PRIVATE OPEN SPACE) ZONING EXISTING ZONING A-1, 117-5, R-3. P-C PROPOSED ZONING (ALL LOTS) Ri-6 LEGAL DESCRIPTIONS LOT 1 - REZONING P-C TO RVIS LOTS 2-5 - REZONING R-3 TO R7-6 ; A part of the Southwest Quarter (SW1/4), of Section 28 - T84N - A part of the Southwest Quarter (SW1/4), of Section 28 - T84N - R24W cf the 5th P.M., in the City of Ames, Story County. Iowa; located R24W of the 5th P.M., in the City of Ames, Story County, Iowa; located westerly and southerly of the right-afway for County Road R-50, _w westerly of the right for County Road R-50; described as follows: 'described as follows: V1 Commencing at the Southeast (SE) comer of the Southwest Quarter Commencing at the Southeast (SE) comer of the Southwest Quarter w r (SW1/4) of Section 28 - T84N - R24W of the 5th P.M., In the lCityong of 9 ' Ames, Story County, Iowa; thence S 8T 36' 23' W, 60.00 feet along the Ames/4) of Section 26 r T84N - R24W of the 5th 0.0 if the City th south line of the SW1/4 of said Section 28; thence N 09 19' Of W. Ames, Story County, Iowa; thence S 8io 36' 2h W, N 00 feet along the �•-� 1,605.48 feet along a line parallel with and 60.00 feet West of the east south line of the SWa line of said Section d thence N 00' 19' a W. line of the SW1/4, to the Point of Beginning; thence continuing 1,875.48 feet along a line parallel with and 60 feet West of the east line N OOr 19' Of W, 70.00 feet; thence Northwesterly, along a 894.93 foot of the SW1/4; thence Northwesterly, along a 894.93 foot radius curve, J radius curve, concave southwesterly, an arc distance of 181.24 feet (the concave southwesterly, an arc distance of 181.24 feet (the long chord long chord bears N 05' 07' OS' W, 180.93 feet; thence S 8T 40' S8' W, bears N OF 07' Dg' W, 180.93 feet), to the Point of Beginning; thence , 381.71 feet; thence S 00' 19' Of E. 250.00 feet; thence NB9' 40' 58' E, continuing Northwesterly, along o 894.93 foot radius curve, concave 400.00 feet to the Point of Beginning." southwesterty, an arc distance of 1.221.91 feet (the long chord bears N 51' 02' OT W, 1,1291.19 feet); thence S ST 50' 58" W, 349.54 feet Area contains: 98,907 square feet or 2.2706 Acres. along a line parallel with and 60 feet South of the North line of the Bearings based on State Plane & Northridge Parkway Subdivision SWt/4; thence S 09 28' 26' E. 20.00 feet along the west line of the NEI/4 - SWt/4; thence S 8T 50' 58' W, 591.01 feet along the south line The recorded Deed bearings were based on NORTH for the of the North 80 feet of the NW1/4-SW1/4; thence S 00' 28' 2T E, east line of the SWt/4. 276.20 feet along the west line of the East 591 feet of the NW1/4 - SWt/4; thence S 7N 32' 25 W, 171.76 feet; thence S 20 17' 40' W, 174.45 feet; thence S 59" 00' 25' E. 1960.75 feet along the center of the existing 2' gas main; thence 09 19, Of W, 801.21 feet; thence EXCESS RIGHT-OF-WAY - REZONING A-1 TO R1-8 N 89' 40' 58' E. 381.71 feet to the Point of Beginning." A part of the Northeast Quarter of the Southwest Quarter Area contains: 1.706,011 square feet or 39.1646 Acres. 04 (NE1/4-SW1/4), lying northerly and easterly of the Southwesterly Bearings based an State Plane & Northridge Parkway Subdivision Right-of-Way of George W. Carver Avenue (formerly known as County Road R-50); in Section 28 - T84N - R24W of the 5th P.M., in the City of The recorded Deed bearings, were based on NORTH, for O Ames, Story County, Iowa; described as follows: the east line of the SW1/4. 'Commencing at the Southeast (SE) corner of the Northeast Quarter of the Southwest Quarter (NEt/4-SW1/4) of Section 28 - T84N - R24W of the 5th P.M., in the City of Ames, Story County, Iowa; thence S 69' 43' 42' W, 60.00 feet along the south line of the N1/2 - SW1/4, _ , R =•. - m ix tsi - (point also being the Northeast (NE) comer of Lot Fifty-three (53). t• -, A 6�-= }p y rF_ Eleventh Addition, Northridge Parkway Subdivision to Ames. Iowa; thence .,yx r N 00' 19' QY W 381.58 feet along the west line of the East 80 feet ofLJ the NE1/4-SW1/4 to the Point of Beginning; thence continuing N 00' 19' 0Y W, 892.33 feet along the west line of the east 60 feet of the NE1/4-SWt/4; thence S 89' 50' 58' W. 892.33 feet along the south ' line of the North 60 feet of the NE1/4-SW1/4; thence Southeasterly, along a line parallel with and 60 feet southwesterly of the centerline of George W. r t Carver Avenue and along a 894.93 foot radius curve, concave southwesterly, an arc distance of 1403.15 feet (the long chord bears S 45' 14' 02' E, 1263.78 feet), to the Point of Beginning. Parcel contains: 170,713 square feet or 3.9190 Acres. P} 0!Y 1 R LOCATION MAP 68YlaY! ! mWi97 Y;gitYSYE1 8! PrOJee' AS E .�weRsfw.flk:�avrsaniR FM sr � s D_*P Check a g Dots nmat rersr q @ Rsvbk 1 scar w sr w s i as V4 sa>t 50 200 0 _ 0 100 400