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Home My WebLink AboutA008 - Letter to Story County Recorder dated June 22, 2022 Ames Smart Choice —Febr=r� Ms. Stacie Herridge Story County Recorder P.O. Box 55 Nevada, Iowa 50201 Dear Stacie: Please record the following documents and return same to the City Clerk's office: - Ordinance No. 4467 rezoning property located at 2105 Dayton Avenue - Proof of Publication regarding Ordinance No. 4467 - Proof of Publication regarding Notice of Hearing for above-referenced rezoning - Zoning Agreement Thank you for your assistance. Sincerely, L 0k,#PQt Amy L. Colwell Deputy City Clerk /alc Enclosures DO NOT WRITE IN THE SPACE ABOVE THIS LINE,RESERVED FOR RECORDER Prepared by:City Clerk's Office,515 Clark Avenue,Ames,IA 50010 Phone:515-239-5105 Return to:Ames City Clerk,P.O.Box 811,Ames,IA 50010 ORDINANCE NO. 4467 AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF AMES,IOWA,AS PROVIDED FOR IN SECTION 29.301 OF THE MUNICIPAL CODE OF THE CITY OF AMES,IOWA,BY CHANGING THE BOUNDARIES OF THE DISTRICTS ESTABLISHED AND SHOWN ON SAID MAP AS PROVIDED IN SECTION 29.1507 OF THE MUNICIPAL CODE OF THE CITY OF AMES,IOWA;REPEALING ALL ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT HEREWITH AND ESTABLISHING AN EFFECTIVE DATE BE IT HEREBY ORDAINED by the City Council of the City of Ames, Iowa; Section 1: The Official Zoning Map of the City of Ames, Iowa, as provided for in Section 29.301 of the Municipal Code of the City of Ames, Iowa, is amended by changing the boundaries of the districts established and shown on said Map in the manner authorized by Section 29.1507 of the Municipal Code of the City of Ames,Iowa, as follows: That the real estate, generally located at 2105 Dayton Avenue, is rezoned from Agricultural (A) to General Industrial (GI). Real Estate Description:THE SOUTHEAST QUARTER(SE 1/4)OF THE NORTHEAST QUARTER(NE 1/4) OF SECTION THIRTY-SIX(36);AND,THE NORTHEAST QUARTER(NE 1/4)OF THE NORTHEAST QUARTER (NE 1/4), OF SECTION THIRTY SIX (36) EXCEPT, THE NORTH 1 ROD, AND EXCEPT, A PART OF THE NE 1/4 OF THE NE 1/4 OF SEC. 36-T84N-R24W OF THE 5TH P.M., STORY COUNTY, IOWA, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE EAST LINE, 16.5 FEET SOUTH OF THE NE CORNER OF SAID NE-1/4 OF THE NE 1/4; THENCE N88'41'W, 925.0 FEET, PARALLELAND 16.5 FEET DISTANT FROM THE NORTH LINE OF SAID NE 1/40F THE NE 1/4;THENCE SOUTH 275.0 FEET;THENCE S88`41'E,925.0 FEET TO THE EAST LINE OF SAID NE 1/4 0FTHE NE 1/4; THENCE NORTH 275.0 FEET TO THE POINT OF BEGINNING. PARCEL CONTAINS A COMBINED 3,179,840 SQ. FT. (72.99 AC.) Section 2: All other ordinances and parts of ordinances in conflict herewith are hereby repealed to the extent of such cot-1ict. Section 3: This ordinance is in full force and effect from and after its adoption and publication as provided by law. ADOPTED THIS 14`h day of June, 2022. Diane R. Voss, City Clerk John ai a, ayo Proof Of Publication in THE AMES TRIBUNE #1457310 ORDINANCE NO.4467 AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF AMES,IOWA,AS PROVID- CITY OF AMES ED FOR IN SECTION 29301 OF THE MUNICIPAL CODE OF THE CITY OF 515 CLARK AVENUE AMES, IOWA, BY CHANGING THE AMES,IA 500100811 BOUNDARIES OF THE DISTRICTS ESTABLISHED AND SHOWN ON SAID MAP AS PROVIDED IN SEC- TION 29.1507 OF THE MUNICIPAL STATE OF WISCONSIN,BROWN COUNTY CODE OF THE CITY OF AMES, 10- WA; REPEALING ALL ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT HEREWITH AND ESTAB- on oath depose and say n�(1 LISHING AN EFFECTIVE DATE that I a the Legal Clerk of THE AMES TRIBUNE,a daily BE IT HEREBY ORDAINED by the City Council of the City of Ames, newspaper,published at;Ames,Story County,Iowa that the Iowa; annexed printed: Section 1: The Official zoning Map of the City of Ames,Iowa,as Provided for in Section 29301 of the Municipal Code of the City of CITY OF AMES Ames, Iowa, is amended by changing the boundaries of the Ordinance No 4467 districts established and shown on said Map in the manner au- thorized by Section 79.1507 of the Municipal Code of the City of Was published in Said newspaper 1 time(s)In issues dated: Ames, Iowa, as follows: That the real estate, generally located at June 17,2022 2105 Dayton Avenue, is rezoned from Agricultural (A) to General Industrial(GI). the last day of said publication being the Real Estate Description: THE SOUTHEAST QUARTER (SE 1/4)OF 17th day of June,2022 THE NORTHEASTQUARTER (NE 1/4) Of SECTION THIRTY-SIX(36);AND, THE NORTHEAST QUARTER (NE 1/4)OF THE NORTHEAST QUARTER (NE 1/4), OF SECTION THIRTY SIX (36) EXCEPT, THE NORTH 1 ROD, AND EXCEPT, A PART OF THE NE 1/4 OF THE NE 1/4 OF SEC. 36- T84N-R24W OF THE 5TH P.M., STORY COUNTY,IOWA,DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE EAST LINE,16.5 FEET SOUTH OF THE NE CORNER OF SAID NE 1/4 OF THE NE 1/4; THENCE N88°41'W, 925.0 FEET, PARALLEL AND 16.5 FEET DISTANT FROM THE NORTH LINE OF SAID NE 1/4 OF THE NE 1/4;THENCE SOUTH 275.0 FEET;THENCE S88°41'E,925.0 FEET TO THE EAST LINE OF SAID NE 1/4 OF THE NE 1/4; THENCE NORTH 275.0 FEET TO THE POINT OF BE- GINNING. PARCEL CONTAINS A COMBINED 3,179,840 SQ.FT.(72.99 AC.) Legal Cler Section 2 All other ordinances and parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict. Section 3: This ordinance is in full force and effect from and af- ter its adoption and publication as Notary Public,State of i onsin,County of Brown provided by law. ADOPTED THIS 14th day of June, � 1 2022. Diane R.VO55,City Clerk My commissi n expires John A.Haifa,Mayor Published in the Ames Tribune on sworn to before me and subscribed in my presence by this the June 17,2022 UT) 17th day of June,2022 0001457310 AMY KOKOTT AD#: 0014 FEE: NotaryPublic ACCT: 33408 State of Wisconsin Page 1 of 1 Proof Of Publication in THE AMES TRIBUNE ............. ............. —-- - - - --- -- --- .........- — -—--- — #1452782 LEGAL NOTICE You are hereby notified that the City council of the City of Ames, Story County,Iowa,will meet at 6 CITY OF AMES p.m.on May 10,2022,in the Coun- cil Chambers of City Hall, 515 515 CLARK AVENUE Clark Avenue,Ames,Iowa,to con- AMES,IA 500100811 sider a proposed amendment to the Official Zoning Map of the City of Ames, Iowa, by changing the boundaries of the districts as STAT40FWl NSIN,BROWN COUNTY shown on said map as provided in Section 29.1507 of the Municipal Code of the City of Ames,Iowa,as follows:That the following descri- bed real estate,generally located on oath depose and say at 2105 Dayton Avenue, is pro- that 1l Clerk of THE AMES TRIBUNE,a daily posed to be rezoned by ordinance from Agricultural (A) to General newspaper,published at;Ames,Story County,Iowa that the Industrial(GI). annexed printed: EReal AST stateQUAR DRS riptioSE 4) OUTHE NORTHEAST QUARTER(NE 1/4)OF SECTION THIRTY-SIX (36); AND, CITY OF AMES THE NORTHEAST QUARTER (NE 1/4)OF THE NORTHEAST QUARTER 2105 Dayton Avenue Notice (NE 1/4), OF SECTION THIRTY SIX (36) EXCEPT, THE NORTH 1 ROD, AND EXCEPT, A PART OF THE NE 1/4 OF THE NE 1/4 OF SEC. 36- was published in said newspaper 1 time(s)in issues dated: T84N-R24w OF THE 5TH P.M., STORY COUNTY,IOWA,DESCRIBED AS FOLLOWS: BEGINNING AT A April 29,2022 POINT ON THE EAST LINE,16.5 FEET SOUTH OF THE NE CORNER OF SAID NE 1/4 OF THE NE 1/4; THENCE the last day of said publication being the N88°41'W, 925.0 FEET, PARALLEL 29th day of April,2022 AND 16.5 FEET DISTANT FROM THE NORTH LINE OF SAID NE 1/4 OF THE NE 1/4;THENCE SOUTH 275.0 FEET;THENCE 588°41'E,925.0 FEET TO THE EAST LINE OF SAID NE 1/4 OF THE NE 1/4; THENCE NORTH 275.0 FEET TO THE POINT OF BE- GINNING. PARCEL CONTAINS A COMBINED 3,179,840 SQ. FT.(72.99 AC.) You are hereby notified that the Proposed ordinance making such a change is on file in the Office of the City Clerk. Any parties in in- terest and citizens may appear at the May 10,2022,Council meeting to testify for or against the pro- posed ordinance. Written testi- mony will also be accepted. Diane R.Voss,City Clerk Published in the Ames Tribune on April 29,2022(IT) Leg Notary Pub ,Sta a of W' o sin,County of Brown /� ),,1�67_<, My commission xpires sworn to before me and subscribed in my presence by this the 29th day of April,2022 FEE: $31.48 AMY KOKOTT AD#: 0001452782 Notary Public ACCT: 33408 State of Wisconsin Page 1 of 1 SPACE ABOVE RESERVED FOR OFFICIAL USE_ Legal description•See page 1 Return document to: City Clerk,515 Clark Avenue,Ames IA 50010 Document prepared by: Mark O.Lambert,City ofAmes Legal Department,515 Clark Ave.,Ames,IA 50010—515-239-5146 ZONING AGREEMENT FOR ADOPTION OF THE MASTER PLAN FOR 2105 & 2421 DAYT/O N AVENUE THIS AGREEMENT, made and entered into this /`�f day of June 2022, by and between the City of Ames, Iowa, (hereinafter "City") and Dayton Avenue Development, LLC, (hereinafter "Developer"), an Iowa limited liability company, its successors and assigns, both collectively being referred to as the "Parties," WITNESSETH THAT: WHEREAS, the Parties hereto desire the improvement and development of real property in the City of Ames, locally known as 2105 and 2421 Dayton Avenue (hereinafter referred to as the "Site") and legally described as: The Southeast Quarter (SE'/4) of the Northeast Quarter(NE'/4) of Section Thirty- six (36); the Northeast Quarter (NE'/4) of the Northeast Quarter (NE'/4), of Section Thirty-six (36) except the North 1 rod and except a part of the NE'/4 of the NE'/4 of Sec. 36-T84N-R24W of the 5' P.M., Story County, Iowa, described as follows: Beginning at a point on the East line, 16.5 feet South of the NE Corner of said NE'/4 of the NE'/4; thence N88°41'W 925.0 feet, parallel and 16.5 feet distant from the North line of said NE'/4 of the NE'/4; thence South 275.0 feet, thence S88°41'E 925.0 feet to the East line of said NEI/4 of the NE'/4; thence North 275.0 feet to the point of beginning; and WHEREAS, the City approved the annexation of the property on February 22, 2022, by Resolution No. 22-097, which was received and filed by the Iowa Secretary of State on or about April 6, 2022, as required by Iowa Code §368.7; and WHEREAS, the Site is designated on the Ames Plan 2040 as "Employment," which has an allowable zoning category of General Industrial, and the Developer is seeking rezoning of the Site from the current zoning of Agricultural (A) to General Industrial (GI) with Master Plan; and WHEREAS, the City Council has determined that due to specific conditions that exist on or around the area proposed to be rezoned, or due to specific situations that require more careful consideration of how the layout and design of a site affects general health, safety and welfare, a Master Plan must be submitted as part of this rezoning request as set forth in Ames Municipal Code §29.1507; WHEREAS, the Developer has submitted a Master Plan in conformance with the requirements set forth in Ames Municipal Code §29.1507(4); and WHEREAS, Ames Municipal Code §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. 2105 & 2421 DAYTON AVENUE MASTER PLAN ADOPTED The Master Plan set forth at Attachment A and incorporated by reference in this agreement shall be the Master Plan for 2105 & 2421 Dayton Avenue. The Master Plan, which is set forth at Attachment A and incorporated by reference in this agreement, shall be the Master Plan for the Site. Developer agrees that all development upon the Site shall be in compliance with the Master Plan on file with the Department. The Master Plan designates the portion of the property which is to be developed and that portion of the property that is to remain open and undeveloped. II. NON-INCLUSION OF OTHER OBLIGATIONS The Parties acknowledge and agree that this Agreement is being executed to fulfill a specific requirement of §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. The Parties further acknowledge that all site development standards continue to apply to the Site. 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 DAYTON AVENUE DEVELOPMENT, LLC By: Charles E.Winkleblack,Manager STATE OF IOWA,COUNTY OF STORY, SS.: z This instrument was acknowledged before me on >� ' . , 2022,by Charles E. Winkleblack, as Manager of Dayton Avenue Deve opment,LLC. , o�P JENNIFER KAPAUN Commission Number 7M1 Ewa ,:Z_ 3 �3 T NOTARY PUBLIC Passed and approved on 2022,by Resolution No. 22- adopted by the City Counci the City of Ames, Iowa. CITY OF AMES,IOWA �v 4 r' � By: ),� John A.Haila,Mayor Attest:- Diane R.Voss, City Clerk STATE OF IOWA,COUNTY OF STORY, SS.: This instrument was acknowledged before me on � � 4 ,2022,by John A. Haila and Diane R. Voss, as Mayor and City Clerk,res ctively, of the City of Ames, Iowa. I"10AL, AMY L. COLWELL J Commission Number 812138 / XOTAn PUBLIC ATTACHMENT `A' —MASTER PLAN OZ OE mod S n, d I„ eL •llii��3t � ----.1 i l I i ! •_ i' t_. i .tip� �, •.,��~`' '`-~�`l�i%�f /i ,-_. I I 's ��, *' '�. _ 1�� i%;fir!'%r - •=_ IS a fl