HomeMy WebLinkAboutA006 - Rezoning Agreement Y
Instrueent:2014- 00004039
M Date:Mas 3OY2014 10:25:42A
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Filed for record in Story County► Iona
Susan L. Vande Kaear 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
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AGREEMENT FOR ADOPTION OF
THE MASTER PLAN FOR
SCENIC VALLEY SUBDIVISION
3699 GEORGE WASHINGTON CARVER
THIS AGREEMENT, made and entered into this "IIA"11 day of Maw , 2014, by
and between the City of Ames, Iowa (hereinafter called "City") and Hunziker evelopment
Company, LLC (hereinafter called "Developer"), its successors and assigns, both collectively
being referred to as the "Parties,"
WITNESSETH THAT:
WHEREAS, the Parties hereto desire the improvement and development of an area
which has been recently annexed into the City, formerly known as the Athen Property and now
proposed to be known as "Scenic Valley Subdivision," (hereinafter referred to as the "Site"); and
WHEREAS, the Parties entered into an Agreement Pertaining to Voluntary Annexation
of the Site, pursuant to which the Developer agreed to seek rezoning of the Site; and
WHEREAS, the Site is designated on the Land Use Policy Plan as Village/Suburban
Residential with certain portions therein also designated as Environmentally Sensitive Overlay
areas; and the Developer is seeking rezoning of the Site from A - Agriculture zoning to FS-RL-
Suburban Low Density Residential consistent with the LUPP designations and in conformance
with the Agreement Pertaining to Voluntary Annexation; and
WHEREAS, the City Council resolved that a Master Plan accompany this rezoning,
pursuant to Ames Muncipal Code section 29.1507(3), and the Developer has submitted a Master
Plan in conformance with the requirements set forth in Ames Municipal Code
section 29.1507(4); and
WHEREAS, Ames Municipal Code section 29.1507(5) requires approval of a zoning
agreement when a Master Plan is required and that all development of the Site comply with the
Master Plan.
NOW, THEREFORE,the Parties hereto have agreed and do agree as follows:
I.
SCENIC VALLEY MASTER PLAN ADOPTED
The Master Plan set forth at Attachment A and incorporated by reference in this
agreement shall be the Master Plan for the Scenic Valley Subdivision.
II.
NON-INCLUSION OF OTHER OBLIGATIONS
The Parties acknowledge and agree that this Agreement is being executed to fulfill a
specific requirement of section 29.1507(5) of the Ames Municipal Code. It is also understood
that this Agreement supplements but does not replace or supersede any agreements made with
the City or third parties as necessary to complete annexation.
The Parties understand that the Master Plan adopts a general conceptual plan for
development, without review or approval of specific subdivision plats or site plans for
development of the Site. The Parties therefore acknowledge that the Master Plan adoption does
not anticipate or incorporate all the additional approvals or requirements that may be required to
properly and completely develop the Site and does not relieve the developer of compliance with
other provisions of the Ames Municipal Code, the Iowa Code, SUDAS, or other federal, state or
local laws or regulations.
III.
MODIFICATION OF AGREEMENT
Any modifications or changes to the Master Plan shall be undertaken in accordance with
the process provided for in Ames Municipal Code section 29.1507(5).
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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 day of Mao 2014,before me,
By _ a Notary Public in and for the fate of Iowa, personally
A11nsI. Campbell, Mayor appeared Ann H. Campbell and Diane R. Voss, to me
personally known,who,being by me duly sworn, did say that
they are the Mayor and City Clerk,respectively,of the City of
ltt Ames, Iowa; that the seal affixed to the foregoing instrument
u'sa Dlarie R`VoSS'Clty Clerk 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.
14"3 adopted by the City Council on the Al day of
M 2014, and that Ann H. Campbell and
Diane R. Voss acknowledged the execution of the instrument
12
to be their voluntary act and deed and the voluntary act and
deed of the corporation,by it voluntarily executed.
Rippe�tgger
* * Notary Public in and fo e St e of Iowa
�0'M* 3
HUNZIKER VELOPMENT STATE OF IOWA,COUNTY OF STORY,ss:
COMPANY, L. C This instrument was acknowledged before me on
2014, by Dean Hunziker and
By CharlesoM Winkleblack as Managers of Hunziker
De Hunziker, Manager Development Company,LLC.
By (Ai E WJAQZ- Notary Pub c'i7�f the StalCof Iowa
Charles E. Winkleblack, Manager
JEN NFER KAPAUN
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