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Home My WebLink AboutA007 - Contract rezoning agreement dated July 23, 2013 Inst e t:;rum_ns ..013- 00011126 11 Date:Seu 1,7Y2013 11:25:37A Rec LFee: 25- ICI E-Com Fee: 1.00 t] Aud fee: ,00 Trans Tax: ,00 Re>_ Management Fee: 1.00 Non-Standard Page Fee: ,ilia Filed for record in Story County► Iowa Susan L. Vande Y,amc► County Recorder DO NOT WRITE IN THE SPACE ABOVE THIS LINE;RESERVED FOR RECORDER Prepared by: Judy Parks,City of Ames Legal Department,515 Clark Ave.,Ames,IA 50010;515-239-5146 Return to: Ames City Clerk,Ames City Hall,515 Clark Ave.,P.O.Box 511,Ames,IA 50010 AGREEMENT PERTAINING TO THE REZONING OF LAND IN THE CITY OF AMES THIS AGREEMENT, made and entered into this �(3 day of July, 2013, by and between the City of Ames, Iowa (herein after called "City") and GW College Park, L.L.C. (hereinafter called"Developer"), its successors and assigns, WITNESSETH THAT: WHEREAS, the Developer hereto desires the improvement and development of an area depicted on Exhibit A as 4130 Lincoln Swing (collectively, the "Site"); and WHEREAS, the area within the Site has two distinctly different zoning district designations pursuant to the City of Ames Municipal Code; and WHEREAS, in order to facilitate future reuse of the Site, the Developer has applied to the City for rezoning of a portion of the Site, legally described as set out on Exhibit A and depicted in Exhibit A as "RL portion"; and 0,5;03Q y WHEREAS, an agreement has been reached between the Developer and the City with respect to certain additional conditions that are being agreed to between the parties in consideration of granting Developer's requested rezoning of a portion of this site. NOW, THEREFORE, the parties hereto have agreed and do agree as follows: I. INTENT AND PURPOSE A. It is the intent of this Agreement to: 1. Recognize that the Developer is owner of the Site which is located generally south of Lincoln Way and east of South Dakota Avenue, on which is presently located a mobile home park, a use that is not consistent with either of its present zoning designations. 2. Acknowledge that the Developer desires to have the ability to redevelop the Site at some future time, for which a singular consistent zoning designation of the entire site is necessary. 3. That in acknowledgement of the present use of the Site, the Developer agrees that it will provide every tenant and every owner or resident of each owner-occupied residence on the Site with no less than six (6) months advance notice of the termination of their residence or lot leases, and the City, in consideration of that minimum notice being given, agrees to the rezoning of that portion of the Site which is currently designated as RL (Residential Low Density)to RH (Residential High Density). II. CITY'S REMEDIES All ordinances, regulations and policies of the City now existing or as may hereafter be enacted, so long as they not inconsistent with the terms of this Agreement, shall apply to activity on the Site. III. DEVELOPMENT PROCESS The Developer may, at a time of the Developer's choosing after rezoning of the Site, undertake such further design and site plan approvals as are required for the Site. Said Site planning shall be done pursuant to the procedures established by the statutes of the State of Iowa and the ordinances of the City. IV. MODIFICATION OF AGREEMENT The parties agree that this Agreement may be modified, amended or supplemented only by written agreement of the parties. V. COVENANTS RUN WITH THE LAND This Agreement shall run with the Site and shall be binding upon the Developers, its successors, subsequent purchasers and assigns. Each party hereto agrees to cooperate with the other in executing a Memorandum of Agreement that may be recorded in place of this document. PC(Se -J, IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed effective as of the date first above written. CITY OF AMES, IOWA STATE OF IOWA,COUNTY OF STORY,ss: On this •?V ay of , 2013,before me, a Notary Public in and for tit State of Iowa, personally By appeared Ann H. Campbell and Diane R. Voss, to me personally known, who,being by me duly sworn, did say that I H. Campbell, Mayor 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 AtXF'•- of its City Council,as contained in Resolution No. -351 •Diane R. Voss, City Clerk adopted by the City Council on the ,234d day of 2013;and that Ann H.Campbell and Diane R. Voss adknowledged the execution of the instrument to be their r voluntary act and deed and the voluntary act and deed of the corporation,by it voluntarily executed. � Notary Public in and the to of Iowa t� �� sk ar rA t III Numb�Kffgg er I4& y •,� � � . , ♦ •- tk �COIIIIp1M1011>7:1{�irYi r /OWI. 3'17 GW4CO G PARK, L.L.C. STATE OF IOWA,COUNTY OF STORY,ss: This instru ent was acknowledged before me on ,2013,by Alex P.Galyon as Manager By GW . Illege Park,L.L.C. A ex P. alyon, Manager f-i"' Notary Public in pndf6r the SO t of Iowa s to GEM K.PETEMLEK Commission Number 137863 85079.docx owP =Minl !on Expires P,�e �? \NGollN _ HOC Subject Property r 0 W J W - m - f RL Portion o W w m RL 4130 Lincoln Swing EXHIBIT N 0 50 100 200 n ' Feet Exhibit A, p. 2 of 2 Legal Description of Area to be Zoned RL All that portion of the East 289.5 Feet of the East 35 Rods of the West 75 Rods of all that part of the Northwest Quarter (NW'/4) of the Northwest Quarter (NW'/4) of Section Eight (8), Township Eighty-three (83) North, Range Twenty-four (24) West of the 5th P.M. lying South of the Center Line of Public Street known as "Lincoln Swing," in the City of Ames, Iowa, EXCEPT the South 442 Feet thereof currently zoned as RL under the City of Ames, Iowa zoning map, also described as follows: Beginning at the Northeast Corner of Lot 6, Cochrane's 1st Addition to Ames, Iowa; thence South to the Northwest corner of Lot 5, except the East 129.5 feet, Cochrane's 1st Addition to Ames, Iowa; thence West to the Northeast corner Lot 1, Cochrane's lst Addition to Ames, Iowa; thence North to the Northeast Corner of Lot 4, Block 4, Beedles Subdivision to Ames, Iowa; thence Southwesterly along the Northern boundary line of the RL zoning district to the point of beginning.