HomeMy WebLinkAboutA004 - Zoning Agreement for Adoption of the Master Plan for Hayden's Crossing Subdivision 5440 & 5442 Grant Avenue DO NOT WRITE IN THE SPACE ABOVE THIS LINE;RESERVED FOR RECORDER
Prepared by. Jessica D. Spoden,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
ZONING AGREEMENT FOR ADOPTION OF
THE MASTER PLAN FOR
HAYDEN'S CROSSING SUBDIVISION
5440& 5442 GRANT AVENUE
THIS AGREEMENT, made and entered into this day of - , 2016, by
and between the City of Ames, Iowa (hereinafter called "City") and Hunziker Development
Company, L.L.C. (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,known as Hayden's Crossing (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 Watershed Protection area; 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.
HAYDEN'S CROSSING 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 Hayden's Crossing Subdivision.
H.
MASTER PLAN CONDITIONS
The Parties agree to the following additional items which could not be graphically
represented on the master plan:
A. The Developer is responsible for frontage and intersection access improvements at
the time of subdivision.
B. The Master Plan shall include a single pedestrian access from the Site into Ada
Hayden Heritage Park at the location shown on the plan, indicated as"Proposed Off-
Site Connection to Pedestrian Trail".
III.
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.
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IV.
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).
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 IOOWA,COUNTY OF STORY,ss:
On this/•C4.day of 2016,before me,
B a Notary Public in and for the Sta& of Iowa, personally
Ann H. Campbell, Ma Or 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
Ames, Iowa;that the seal affixed to the foregoing instrument
Diane R. Voss, City 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 Resolition No.
f adopted by the City Council on the day of
2016, and that Ann H. Campbell and
Diane R.Vosi acknowledged the execution of the instrument
to be their voluntary act and deed and the voluntary act and
deed of the corporation �it luntarily executed.
`�Hru s J i I I L. R i p pe rger Not Public in and for the Stat f Iowa
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`j9 Commission Number 146549 �'
* * My Commission Ex res
HUNZIKER DEVELOPMENT COMPANY, STATE OF IOWA,COUNTY OF STORY,ss:
LLC This instrument was acknowledged before me on
20169 by Chuck Winkleblack as
By Manager ufHunziker De7zellae--
Company,L.L.C.
Chuc Winkleblack, Manager
Notary blic' f the ate of Iowa
JENNIFER KAPAIlN
_ Commission Number 783061
My Commission Expires
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ATTACHMENT A
Combined Master Plans
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