HomeMy WebLinkAboutA010 - Contract Rezoning Agreement for the Proposed Auburn Trail Subdivision located at 4605 and 4514 Hyde Avenue Instrument q: 2021-09213
07/19/2021 09:40:15 AM Total Pages: 8
00 OTHER
Recording Fee: g 42.00
Stacie Herridge, Recorder, Story County Iowa
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S P A C E A B O V E R E S E R V E D F O R O F F I C I A L U S E
Legal descri tion•See page
Return document to: City Clerk,P.O.Box 811,Ames IA 50010 _
Document prepared by: City ofAmes Legal Department 515 Clark Ave.,Ames,IA 50010—515-239-5146
CONTRACT REZONING AGREEMENT FOR THE PROPOSED AUBURN
TRAIL SUBDIVISION LOCATED AT 4605 & 4514 HYDE AVENUE
THIS AGREEMENT, made and entered into this day of July 2021, by and
between the City of Ames, Iowa, (hereinafter "City") and two property owners, namely, Erben
Hunziker and Margaret Hunziker Apartments, L.L.C. and Hunziker Development Group,
LLC, (collectively,hereinafter"Developers"),and their successors and assigns,
WITNESSETH THAT:
WHEREAS, the Developers are seeking to improve and develop areas located within the
corporate boundaries of the City at 4605 Hyde Avenue(Parcel ID No. 05-21-400-005), owned by
Erben Hunziker and Margaret Hunziker Apartments, L.L.C., and 4514 Hyde Avenue (Parcel ID
No. 05-22-300-375), owned by Hunziker Development Group, LLC,which is legally described as
set forth in Exhibit `A' attached hereto; and as depicted generally in Exhibit `13' attached hereto
(collectively,the"Site"); and
WHEREAS, the Developers have applied to the City for a rezoning of the Site from the
present designation of Agricultural (A)to Suburban Residential Low Density(FS-RL)to develop
a residential subdivision to be known as Auburn Trail;and
WHEREAS, the Developer and City desire to ensure reasonable conditions for the
development of the site and offsite improvements are agreed to per Iowa Code 414.5; and
WHEREAS,the Developers have submitted to the City a Master Plan for the development
of the Site as required by Ames Municipal Code §29.1507 and this Agreement is intended to meet
the requirement of a"zoning agreement" to be approved by the City and agreed to by the owners
of the real property as set forth by §29.1507(5);and
WHEREAS,the City desires to ensure that the Site will be compatible with infrastructure
requirements and future incorporation into the City through an agreement between the Developer
and the City with respect to public improvements.
r
WHEREAS, offsite improvements are necessary for the site to be compatible with
infrastructure requirements.
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. Induce the City to rezone the Site.
2. Provide for certain conditions binding upon the Developer that are the conditions necessary
to induce the City to rezone the Site.
B. It is the intent of the parties to conform to the approved Master Plan of Auburn Trail as reflected
in the attached Exhibit`B.'
C. It is the intent and expectation of the Parties that the Site will be developed in two or more
phases,or subdivisions of the Site.
D. It is the intent of the Parties that neither the City nor the Developers shall be bound by the terms
of this Agreement if the City Council does not approve the rezoning of the Site.
E. The parties reaffirm the terms of the Pre-Annexation Agreement recorded August 20,2015,as
Instrument 2015-08I25,as it pertains to the Site.
. II
AGREEMENT FOR PUBLIC INFRASTRUCTURE
A. The Site shall be developed consistent with the Master Plan as attached to this agreement and
as approved by the City Council. Any Preliminary Plat submitted and every subsequent
development action upon the Site shall conform to the approved Master Plan as required by
§29.I 507(5)of the Code.
B. The Developer will construct a shared use path along the west side of Hyde Avenue within two
years of the date that the first final plat is approved by the City Council. The shared use path
shall conform to City specifications. The shared use path shall be a minimum of ten feet in
width.The shared use path shall extend north from the terminus of the existing sidewalk south
of the Auburn Trail site to the 'south line of Outlot X, Rose Prairie Final Plat, including the
frontage of Outlot B, Cochrane Farm Subdivision, Ames, Story County, Iowa, a distance of
approximately 1,400 feet.
C. As part of Phase Two of the Site development,the Developer will extend public infrastructure
from the Site northward in conformance with the master plan approved by the City.The public
infrastructure shall extend through Outlot A,Cochrane Farm Subdivision,Ames,Story County,
Iowa,and the public infrastructure shall align with the Hayden's Preserve street network north
of said Outlot A, in Cochrane Farm Subdivision. City Council may allow for deferral of these
improvements as part of the Final Plat approval.
D. Developer shall be responsible for preparing improvement plans and plats necessary for right-
of-way acquisition within Outlot�A of Cochrane Farm Subdivision, as identified in paragraph
II(C)above,for review and approval by the City. Developer shall be responsible for obtaining
any and all necessary consents, transfers, and acquisition costs of real property dedicated for
right-of-way purposes within Outlot A of Cochrane Farm Subdivision.
E. "Public infrastructure" includes public right-of-way, street, street trees, sidewalks, shared use
paths,water mains and lines,and sanitary and storm sewer lines.
III
AGREEMENT FOR STREETS
A. The Developer shall, with respect to all streets as shown on the Site, convey fee title for the
street land to the City at no charge or cost to the City, said conveyance to occur at the time of
subdivision platting.
B. The Developer shall establish a street right-of-way developed in accordance with City
standards.
IV.
GENERAL PROVISIONS
A. Modification. The parties agree that this Agreement may be modified, amended,
or supplemented only by written-agreement of the parties.
B. IncoEporation of Recitals and Exhibits. The recitals, together with any and all
exhibits attached hereto, are confirmed by the parties as true and incorporated herein by reference
as if fully set forth verbatim. The recitals and exhibits are a substantive contractual part of this
Agreement.
C . Noninclusion of Other Improvement Obligations. The Parties acknowledge and
agree that it is not possible to anticipate all the infrastructure and Code requirements that the
Developer may be required to complete or comply with to properly develop the Site.Therefore,the
Parties agree that all work done by and on behalf of the Developers with respect to other
improvements, including but not limited to, building design, building construction, and utilities,
both on-site and off-site, shall be made in compliance with the Iowa Code, SUDAS, and all other
federal, state, and local laws and policies of general application, including but not limited to
building and zoning codes, whether or not such requirements are specifically stated in this
Agreement.
V.
COVENANT WITH THE LAND
A. This covenant and agreement shall be filed for record in the office of the Story County
Recorder and all covenants, agreements, promises, and representations herein stated
shall be deemed to be covenants running with the Site and shall endure and be binding
on the parties hereto,their mortgagees,lienholders,successors and assigns,for a period
of twenty-one (21) years from the date of the recording of these covenants, unless
claims to continue any interest in the covenants are filed as provided by law. The City
shall have the right to file a claim to continue its interest in these covenants.
B. Invalidation of any of these covenants by judgment or court order shall in no way affect
any of the other provisions,which shall remain in full force and effect.
IN WITNESS WHEREOF,the parties hereto have caused this instrument to be executed
effective as of the date first above written.
[ SIGNATURES ON SUCCESSIVE PAGES ]
Dated , 2021.
ERBEN AND MARGARET
HUNZIKER APARTMENTS, L.L.C.
By: By:
De E. i l u i i/l k cr, anager Jon E. Hunziker, Managell
STATE OF IOWA,COUNTY OF STORY,SS.:
This instrument was acknowledged before me on July ` ,2021,by Dean E. Hunziker and Jon
E. Hunziker,as Managers of Erben and Margaret Hunziker Apartments, L.L.C.
JUSTIN ROBERT DODGE
i ' Commission Number 792016
My Commission Expires NO RY PUBLIC
ow" September 11, 2021
HUNZIKER DEVELOPMENT
GROUP, LLC
B :
Justin R. odge, Ma alter
STATE OF IOWA,COUNTY OF STORY,SS.:
This instrument was acknowledged before me on July ,2021,by Justin R. Dodge,as
Manager of Hunziker Development Group, LLC.
cQ
NOTARY PUBLIC
MAMA KPJWW
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Mir C.aDrnM�bn E*il"
Passed and approved on L.4 2021, by Resolution No. 21- 1--4 L�
adopted by the City Council of th City of Ames, Iowa.
CITY OF AMES,IOWA
By:
John A.Haila,Mayor f `�- �> r
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Attest: `
Diane R.Voss,Cit-:y Clerk c
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STATE OF IOWA,COUNTY OF STORY,SS.:
This instrument was acknowledged before me on 3,,A,, 1 ,2021,by John A.
Haila and Diane R. Voss,as Mayor and City Clerk, respectively, of the City of Ames, Iowa.
AMY L. COLWELL
Commission Number 812138rm^K-q L u�V
My Commission Expires
NOTrPUBLIC
Exhibit `A' — Legal Description
Outlot Z, Cochrane Farm Subdivision, Ames, Story County, Iowa
(approximately 67.23 acres and locally known as 4605 Hyde Avenge, Aines, Iowa)
Parcel E,a part of the Southwest Quarter of the Southwest Quarter of Section 22,Township
84 North, Range 24 West of the 5 h P.M., Story County, Iowa, as shown on that PIat of
Survey recorded on December 19, 1998, as Instrument No. 98-17594, Slide 12, Page 3.
(approxitnalely 6.989 acres and locally knoii-n as 4514 Hyde Avenue, Ames, lawn)
Auburn Trail Figure 1:Master Plan BOLTON
Hunziker land Development June 2621 ®& MEN K
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