HomeMy WebLinkAboutA005 - Agreement with Wolford Development Options pertaining to Rezoning and Development of Land Dec, 18, 2007 8 : 34AM No. 1212 P. 2
When recorded return to preparcr
RETURN TO:
AMES CITY CLERK I Instrudent:2007- 00014279
BOX 811 M aate*ec IM007 08:0$:33A
AMES IA 50010—U811 D Rec Feel 135.00 F-Con Fee: t.00
G Aud Fee: .00 Trans Tax: ,00
R Rec hanasement Feel 1.00
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Filed ror record in Stops Countsr Iowa
Susan L. Wande Kamer County Recorder
prepared by: William D.Barline,The Financial Center,666 Walnut Suite 2000,Des Moines,IA 50309-3989,515-243-7100
AN AGREEMENT PERTAINING TO THE REZONING
AND DEVELOPMENT OF LAND
IN THE CITY OF AMES
THIS AGREEMENT, made and entered into this $� day of AII'W�✓
2005, by and between the CITY OF AMES,IOWA, a municipal corporation (hereinafter called
"City") established pursuant to the Iowa Code and acting under the authorization of Iowa Code
Chapter 414 (2005); and WOLFORD DEVELOPMENT OPTIONS, L.L.C., a Nevada limited
liability company, its successors and assigns (all hereinafter collectively called "Developer"),
WITNESSETH THAT:
WHEREAS, the parties hereto desire the improvement and development of an area
legally described as set out on Appendix A, hereinafter called the "Site;"
WHEREAS, Developer has petitioned the City requesting that zoning regulations of the
City be changed to rezone the Site from a zoning district classification of Agricultural ("A') and
Planned Industrial ("PI"), as applicable, to the Planned Regional Commercial ("PRC") zoning
district,
WHEREAS, the Parties agree that said zoning change should occur subject to imposition
on Developer of conditions that are in addition to existing regulations of the City, all as provided
for by Iowa Code § 414.5 (2005);
NOW, THEREFORE, the parties hereto have agreed and do agree as follows:
ARTICLE 1.
INTENT AND PURPOSE
1.1Intent.
It is the intent of this Agreement to provide for the development of a planned regional
commercial center that will serve not only the City, but also the surrounding market area. Such
commercial center is characterized by a lifestyle center north of East 13th Street and a power
center south of East 13th Street, both of which shall include anchor stores, and ffee-standing
retail, dining, and entertainment establishments served by common parking areas, The
provisions of this Agreement, coupled with the ordinances of the City of Ames, Iowa, will
facilitate development in a planned, orderly fashion, so as to protect public health, safety, and
general welfare, in accordance with the Land Use Policy plan of the City,
Post-it"Fax Note 7671 Q-e-I,I- paof
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Dp,. 18. 2007 8 : 34AM No. 1212 P. 3
I Instrunent:2007- 00014282
RETURN T0: M DatetDec 18,2007 08004:24A
AMES CITY CLERK D Rec Fee: IS-00 E-CQq Fee: 1.00
BOX 811 6 Aud Feei ,00 Trans Taxi .00
AMES TA 50010-0811 R Rec Manasenent Fee; 1.00
Non-Randard Page Fee: 10.00
Filed ror record in Story Count9l Iowa
Susan L. Vande Kagtn, Counts Recorder
John R.Klaus,City Attorney.$15 Clark Avenue,Ames,Iowa$0010 (515)239-5146
ORDINANCE NO. _3862
AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP
OF THE CITY OF AMES,IOWA,AS PROVIDED FOR IN SECTION 29.301
OF THE MUNICIPAL CODE OF THE CITY OF AMES,IOWA,BY
CHANGING THE BOUNDARIES OF THE DISTRICTS ESTABLISHED
AND SHOWN ON SAID MAP AS PROVIDED IN SECTION 29.1507
OF THE MUNICIPAL.CODE OF THE CITY OF AMES,IOWA;
REPEALING ALL ORDINANCES AND PARTS OF ORDINANCES
IN CONFLICT HEREWITH AND ESTABLISHING AN EFFECTIVE DATE
BE IT HEREBY ORDAINED by the City Council of the City of Ames,Iowa;
Section : The Official Zoning Map of the City of Ames, Iowa, as provided for in Section 29,301 of the
Municipal Code of the City of Ames,Iowa,is amended by changing the boundaries of the districts established and shown
on said Map in the manner authorized by Section 29.1507 of the Municipal Code of the City of Ames,Iowa,as follows:
That the property described as:
'That part of the west 1/2 of the southeast 1/4 of Section 31,Township 84 North, Range 23 West of
the 5th P,M., Story County,Iowa,lying east and north of the interstate highway 35 right-of-way and
containing 59.72 acres,more or less;
And
The Interstate Highway 35 right-of-way, containing 21.12 acres more or less
And
That part of the southeast 1/4 of the southeast 1/4 of Section 31,Township 84 North,Range 23 West
of the 5th P.M., Story County, Iowa, lying north of the Interstate Highway 35 right-of-way and
containing 39,90 acres,more or less;
And
The Interstate Highway 35 right-of-way, containing 0.29 acres more or less;
And
The northeast 1/4 of the southeast 1/4 of section 31, Township 84 North, Range 23 West of the 5th
P.M., Story County,Iowa and containing 40.07 acres,more or less.
And
Parcel"A"in the northwest fractional quarter of Section 5,Township 83 North,Range 23 West of the
5th P,M,, Story County, Iowa, as shown on the "Plat of Survey(amended)" filed in the office of the
recorder of Story County, Iowa,on the 12th day of December, 1997,and recorded in book 15,page
90-91 and containing 55.18 acres more or less.
And
Parcel"C"in the east fractional half(e,Frl. %)of Section six(6),Township eighty-three(83)North,
Range twenty-three(23)West of the 5th P.M.,Story County,Iowa,as shown on the"Plat of Survey"
filed in the office of the recorder of Story County,Iowa on the 22nd day of July, 1997,and recorded
in book 15, page 16 and containing 96.61 acres,more or less.
And
Part of the east fractional '/;of Section 6,Township 83 North,Range 23 West of the 5th P.M.,Story
County, Iowa, lying in the Interstate Highway right-of-way, containing 10.09 acres more or less.
shall be changed from the "A"Agricultural and "PI"Planned Industrial zoning classification to the "PRC"Planned
Regional Commercial classification;and,that the said land be also subject to the"O-GNE"Northeast Gateway Overlay
District regulations.
Section 2: All other ordinances and parts of ordinances in conflict herewith are hereby repealed to the extent
of such conflict.
Dec, 18. 2007 8 : 34AM No. 1212 P. 1
STORY COUNTY
RECORDER AND REGISTRAR OF VITAL RECORDS
�� •s �; SUSAN L. VANDE KAM'P Dopwy:
y t-•�� Constants
Soesbe
PHONE- 515-382-7230
.•'' .. .....•.•. * FAX, 515-382-7239 Deputy:
�t err/Dw P�� STORY COUN'1 Y ADMINISTRATION BUILDING Stacie
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