HomeMy WebLinkAboutA016 - Amendment to Rezoning Agreement for Auburn Trail Subdivision dated November 28, 2023 Instrument 0: 2023-08949
12/18/2023 00:23:45 AM Total Pages: 4
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Recording Fee: $ 22.00
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 description: See page 4.
Return document to: City CIerk,515 Clark Avenue,Agnes IA 50010
I Document r ared b : Marlc O.Lambert,City ofAines Leeai De azirnen 515 Clark Ave.,Hines,IA 50010—515-239-5146
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AMENDMENT TO REZONING AGREEMENT FOR AUBURN TRAIL
SUBDIVISION
THIS IS AN AMENDMENT made by and between Developers and the City upon
the following terms and conditions:
1 Definitions. When used in this Amendment,unless otherwise required by the context:
1.1 "Developers" means Erben and Margaret Hunziker Apartments, L.L.C., and
Hunziker Development Group, LLC, Iowa limited liability company located in
Ames, Story County, Iowa•
1.2 "City"means the City of Ames, Iowa, an Iowa Municipal Corporation,also located
in Story County, Iowa.
1.3 "Rezoning Agreement"means the Rezoning Agreement presently in force between
Developer and the City filed in the office of the Recorder of Story County, Iowa,
on July 21, 2021, and recorded as Instru vent No. 2021-09213, governing the
rezoning and development of real property located in the vicinity of 4506 Hyde
Avenue and 4510 Hyde Avenue.
1.4 "Amendment"means this instrument as signed by the Developers and approved by
the City.
2 Circumstances. Developers have requested to modify the Rezoning Agreement by
extending the deadline for installation of a shared use path along the west side of Hyde
Avenue. This Amendment affects the real property that was the subject of the Rezoning
Agreement, which is described in Exhibit `A,' and Developers represent and warrant
that they have good and lawful authority to execute this instrument.
3 Amendment. The first sentence of Section II, Paragraph B, of the Rezoning
Agreement is deleted and the following sentence is substituted in lieu thereof:
The Developers will construct a shared use path along the west side of. Hyde
Avenue within two years of the date that the first final plat on the West side of Hyde
Avenue is approved by the City Council.
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4 Continued Full Force. The RezoningA shall Agreement gr continue to have full force and
effect in accordance with the terms thereof, subject, however, to this Amendment,
which shall apply to the heirs,successors and assigns of Developers,who acknowledge
that they are jointly and severally liable for completing the obligation that is the subject
of this Amendment.
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be
executed effective as of �—, 2023.
ERBEN AND MARGARET
HUNZIKER APARTMENTS,L.L.C.
By. _ B
Q[r _A
De E. Hunziker, anager J n E. Hunziker, M ager
STATE OF IOWA,COUNTY OF STORY, SS.: 1
This instrument was acknowledged before me on , 2023,by Dean E. Hunziker and
Jon E.Hunziker,as Managers of Erben and Margaret Hunziker Apartments,L.L.C.
P JUSTIN ROBERT DODGE
Commission Number 792016 NOTARTPTjBLfC
My Commission Expires
cw� September 11, 4o2
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HUNZIKER DEVELOPMENT
GROUP,LLC
By:
Justin .Dodg ,Manager
STATE OF IOWA,COUNTY OF STORY,SS.: 44-
This instrument was acknowledged before me on October 3 , 2023,by Justin R. Dodge,as
Manager of Hunziker Development Group,LLC.
(J96TARY UB IC
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cJiLL BIB.�Commission Number 7,jr'.
t,Ay Ce mi icn - +r�� �
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Passed and approved on 1 1 ;3 , 2023,by Resolution No. 23- �
adopted by the City Council of the City of Ames,Iowa.
CITY OF AMES,IOWA
a
Jr y D
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John A.Haila,I ayor
P .
jy
' Attest:
Oita
t Ren&Hall,City Clerk
STATE OF IOWA, COUNTY OF STORY,SS.: / ¢(��
This instrument was acknowledged before me on o`'O 52023,by John A.
Haila and Renee Hall, as Mayor and City Clerk,respectively, of the City of Ames,Iowa.
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NO'VARY&BLICY
r� JERAMY NEEFUS
CortrNssion Number 845446
Exhibit `A' — Legal Description
Outlots A and YY, Auburn Trail Subdivision First Addition,Ames, Story County, Iowa
(Approximately 72.863 acres and locally known as 4605 & 4510 Hyde Avenue, Ames,
Iowa)
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