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HomeMy WebLinkAboutA014 - FAILED - Addendum to Pre-Annexation Agreement Pertaining to the Voluntary Annexation, Rezoning and Subdivision DO NOT WRITE IN THE SPACE ABOVE THIS LINE;RESERVED FOR RECORDER Prepared by:Judy K.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 811,Ames,IA 50010 ADDENDUM TO PRE-ANNEXATION AGREEMENT PERTAINING TO THE VOLUNTARY ANNEXATION, REZONING AND SUBDIVISION PLATTING AND DEVELOPMENT OF LAND TO BE IN THE CITY OF AMES KNOWN AS ROSE PRAIRIE THIS ADDENDUMJO THE PRE-ANNEXATION AGREEMENT is made and entered into this 22— day of J�1V , 2016, by and between the CITY OF AMES, IOWA(hereinafter called the "City") and ROSE PRAIRIE, L.L.C. (hereinafter called the "Developer") (the City and the Developer collectively being referred to herein as the "Parties"). WITNESSETH THAT: WHEREAS, on the 20`h day of July, 2010, the City and Story County Land, L.C., entered into a Pre-Annexation Agreement for land which was then referred to as the "Rose Prairie Subdivision", which provided for the annexation, rezoning, and conceptual residential development plan of that land; and WHEREAS, the Pre-Annexation Agreement (recorded as instrument number 2010- 00007271 on August 3, 2010, in the office of the Story County Recorder) provided for, among other things, a master plan for development, a rezoning to FS-RL, a payback mechanism for water and sanitary sewer service, a requirement for a shared use path along the west side of the development adjacent to the Union Pacific railroad tracks, and a requirement that binding covenants be in place to require any residential structure to have a fire sprinkler system; and WHEREAS, Developer is a successor to the original owners and developers, and is the present owner of Rose Prairie Subdivision; and WHEREAS, Developer desires to amend specific provisions of the Pre-Annexation Agreement, including those relating to the master plan in order to provide a greater number of residential units, some of which will require FS-RM zoning; a rezone of a portion of the development to accommodate commercial uses; a change to completion date of the payback scheme for water and sanitary sewer service; a new location for a shared-use path along the east side of the development adjacent to Grant Avenue (a.k.a. Hyde Avenue); a removal of the requirement for fire sprinkler systems; and allowances for phasing of the development; and WHEREAS, the City has an interest in addressing the need for dedication and improvements of 5 acres of land for a public park_ and it is also seeking changes to the location and design of a shared use path; and WHEREAS, the Parties are interested in continuation of the project, and modification of its terms would further the realization of the mutual benefits that the Parties sought to achieve. NOW, THEREFORE, the Parties agree to modification of the specific terms of the Pre- Annexation Agreement (hereinafter referred to as "Original Agreement") as set forth below. II. AMENDMENTS TO ORIGINAL AGREEMENT A. AMENDMENTS RELATED TO ALLOWABLE ZONING. 1. Section II (D) of the Original Agreement is hereby amended to provide that the site must be rezoned with a Master Plan to FS-RL (Suburban Residential Low-Density), and it may also include FS-RM (Suburban Residential Medium Density), and CGS (Convenience General Service). 2. The last unnumbered paragraph of Section II(D) of the Original Agreement is deleted. In its place the Parties agree as follows: "In the event that Site has been voluntarily annexed into the City and the City fails to rezone the Site with a Master Plan allowing for FS-RL, FS-RM, or CGS designations, upon unanimous consent of all owners of the area comprising the Site, the Site shall be severed from the City pursuant to Iowa Code Section 368.8. Contemporaneously therewith, the City Council agrees to pass the Resolution attached as Attachment C of the Original Agreement. In the event of severance, the terms of the Original Agreement and this Addendum are deemed null and void. " B. AMENDMENTS RELATED TO IMPROVEMENTS. 1. Section V (A) (2) (a) (i) of the Original Agreement references Attachment D. The Parties agree that Attachment D of the Original Agreement shall be deleted and it shall be replaced by Attachment 1 of this Addendum. 2. Section V (A) (2) (a) (ii) of the Original Agreement shall be amended to delete that provision, and to delete the references to Exhibit E and municipal engineer approval subsequent to preliminary plat approval. The Parties agree instead that Developer shall conform to Ames Municipal Code Chapter 23 Subdivision requirements, and that all streets shall be designed in compliance with City ordinances and standards as required of a Conservation Subdivision preliminary plat, final plat and required improvement plans. 3. Section V (B) (6) (a) of the Original Agreement is hereby amended to change the timing of full payment of the Water District Connection fee provided therein. The Parties agree instead that upon approval of the first Final Plat after June 30, 2023, the total water connection fee attributable to the Site shall be paid in full. 4. Section V (C) (5) (a) of the Original Agreement is hereby amended to change the timing of full payment of the Sanitary Sewer Connection fee provided therein. The Parties agree instead that upon approval of the first Final Plat after June 30, 2023, the total sanitary sewer connection fee attributable to the Site shall be paid in full. 5. Section V (E) (2) of the Original Agreement is hereby amended to delete the .requirement that Developer install a shared use path adjacent to the railroad tracks. The Parties agree instead that Developer shall install a 10' wide shared use path to the specifications of the City within the right-of-way (or adjacent easement) of Grant Avenue (a.k.a. Hyde Avenue) from the south right-of-way of 190th Street to the south line of Lot X, Rose Prairie Final Plat(a distance of approximately 3900 feet) within two years of the first final plat. This requirement is in addition to any required shared use paths and/or trails within the development or other improvements required through the platting process. 6. Section V (H) (2) of the Original Agreement, requiring all residential structures to have a fire sprinkler system, is hereby deleted. C. PARK LAND DEDICATION. 1. A new Section V (I) is added to the Original Agreement as follows: "Section V(I) Park Land Dedication. The Developer agrees to dedicate approximately 5 acres of park land to the City for providing for future recreational facilities as determined appropriate by the City, upon the following terms and conditions, all at no cost to the City: (a) Topographical Condition of Dedicated Park Land. The Developer shall provide approximately 5 acres of land to the City's satisfaction that is graded to provide relatively flat areas with minimal slope for park improvements in a manner that is consistent with the topography as shown in Attachment 2 and at no cost to the City. The City has the sole discretion of determining final boundaries of the land dedicated to the City in general conformance with Attachment 2. (b) Timing of Dedication. The Developer shall provide the park land to the City with the required improvements described in detail in subsections (c) and (d) which follow, no later than the final plat of the first residential area platted outside of Parcels 5, 6, 7, and 8 shown on Attachment 1, or no later than September 1, 2023, whichever occurs first. (c) Soil and Storm Water Improvements Required. Developer improvements to the park land shall include retention or placement of minimum of 10 inches of topsoil across the park land, or to documented predevelopment levels accepted by the Municipal Engineer, in no event shall it be less than 8 inches of topsoil across the park land; management of storm water runoff consistent with an approved COSESCO Permit and storm water management plan until such time as dedicated to and accepted by the City. (d) Street Frontage Improvements for Park. Developer shall complete street frontage and right-of-way improvements; including but not limited to any required sidewalks or shared-use paths, utility extensions, and a water service stub to the property line; along or adjacent to the lot to the City's specifications, or it shall provide financial security for such improvements, all prior to the approval of the Final Plat containing the park lot and in accordance with a phasing plan approved with a preliminary plat. (e) Trail Adjacent to Park. Developer shall be responsible for the construction of a paved trail adjacent to the north property line of the park land to the City's specifications as approved as part of the Conservation subdivision open space and landscape plan requirements for final plat approval. The City may require as part of the Conservation Subdivision final plat approval that the developer provide, within Parcel 11, for connecting trail(s) from the public street or common area north of the site to the trail along the north edge of the park. Other trails and recreational improvements within the park land are the responsibility of the City of Ames. (fl Park Land Independent of Homeowner's Association or Other Obligations. The park land shall not be included in any homeowner(s) association or have any type of covenants assigned to the land that create any obligation for maintenance or improvements to the park land or other areas of the development by the City. (g) Park Land Counts as Open Space. It is understood by the Parties that the park land may be used to count towards the Developer's 25 percent open space requirements of the Conservation Subdivision requirements for open space. (h) Amendments to this Section. Changes to the requirements to this section must be agreed upon in writing by both parties." D. PHASING. 1. A new Section V(J) is added to the Original Agreement as follows: (a) "Section V(J) Phasing The City may approve a phasing plan as part of the preliminary and final plats, which plan could include the creation of outlots that are intended for sale to other parties. In the event such a phasing plan is approved by the City, the approved phasing plan may include authorization for the City to defer Connection District fees until the occurrence of the final plat of individual lots within these outlots." III. SAVINGS CLAUSE OF OTHER PROVISIONS OF ORIGINAL AGREEMENT The Parties expressly agrees that all other terms and requirements of the Original Pre- Annexation Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the Parties have caused this Addendum to the Original Agreement to be signed by their authorized representatives as of the date first above written. CITY OF AMES, IOWA ROSE PRAI Z�.1e: By BY Ann H. Campbell,Mayor Terry LA Ma ger Attest By STATE OF IOWA,COUNTY OF STORY,ss: Diane R. Voss, City Clerk Thi nstrument was acknowledged before me on L , 20 61 by Terry Lutz, Manager of Rose STATE OF IOWA,COUNTY OF STORY,ss: Prairie, .L.C. i On this day of 2016, before me,a Notary Public in and for the State of Iowa,personally N tary ublic in and for th State of Iowa appeared Ann H. Campbell and Diane R. Voss, to me '1 personally known and who,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 LWUREN NICOLE BROWN the instrument was signed and sealed on behalf of the p~� Commission Number 792121 corporation,by authority of its City Council,as contained in ,Z Resolution No. adopted by the City Council on the . . My Commission Expires day of. 2016, and that Ann H. September 1 016 Campbell and Diane R.Voss acknowledged the execution of the instrument to be their voluntary act and deed and the 1 voluntary act and deed of the corporation,by it voluntarily executed. jNotary Public in and for the State of Iowa