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Home My WebLink AboutA025 - Third Amendment to Contract Rezoning Agreement Regarding Master Plan for 798 N. 500th Avenue Instrument N: 2023-03463 08/02/2023 10:48:13 AM Total Pages, 5 00 OTHER Recording Fee. g 27.00 Stacie Herridge, Recorder , Story County Iowa I " i SPACE ABOVE RESERVED FOR OFFICIAL USE Legal desc� tion:See page 1 2. &CLHQj Iketm-n document to: City Clerk,515 ChA Avenue Ames T.A.50010 pin v\ Document prepared by: Marc O.Lambert,City oFAmes Legal Department,51 S Claiic Ave.,Ames,IA 50010—515-239-5146 1 THIRD AMENDMENT TO CONTRACT REZONING AGREEMENT REGARDING MASTER PLAN FOR 798 N. 500TH AVENUE THIS IS AN AMENDMENT to an Agreement made by and between the City of Ames, Iowa and Hunziker Development Group,LLC,upon the following terms and conditions: 1 DEFDUIOrts. When used in this Amendment, unless otherwise required by the context: 1.1 "City"means the City of Ames,Iowa,an Iowa Municipal Corporation,the seller of the property herein. 1.2 "Developer"means Hunziker Development Group, LLC, an Iowa limited liability i company. 1.3 "Agreement"means the recorded Agreement, presently in force between the City and Developer,filed in the office of the Recorder of Story County,Iowa,on August 15,2022,as Instrument No.2022-08152,which was a contract rezoning agreement with master plan,which set certain conditions for a rezoning of real property locally known as 798 N. 500'h Avenue,Ames,Iowa. 1.4 "First Amendment" means the recorded Amendment, filed in the office of the Recorder of Story County, Iowa, on January 30, 2023, as Instrument No. 2023- 00574,in which the Agreement was amended to temporarily permit the Developer to provide the City with a irrevocable,unconditional letter of credit in the amount of$604,725 in lieu of a cash payment owed by Developer to the City as required by the Agreement. 1.5 "Second Amendment" means the recorded Amendment, filed in the office of the Recorder of Story County,Iowa,on March 3,2023,as Instrument No.2023-01164, in which the Agreement was further amended to increase the number of allowable dwelling units. 1.6 "Site" means the real property located at 798 N. 500th Avenue, Ames, Iowa, the legal description for which is as follows: Parcel "N"a part of the N 113 of the N 112 of the SW Trl. 114 and of the N 113 of the West 112 of the NW 114 of the SE 114 of Section 6, Township 83 North, Range 24 West of the 5th P.M., Story County, Iowa, as shown on the Plat of Survey recorded on December 15, 2003, as Instrument No. 03-24892, Slide 191, Page 1 -AND -Parcel "P" a part of the N 113 of N 112 of the SW Frl. 114 and of the N 113 of the W 112 of the NW 114 of the SE 114 of section 6, Township 83 North, Range 24 West of the 5th P.M., Story County, Iowa, as shown on the Plat of Survey recorded on December 15, 2003, as Instrument No. 03-24892, Slide 191, Page 2. 2 CIRCUMSTANCES. Developer has requested a further change to the Master Plan to include a limited number of single-family attached units and has also requested an increase to the overall number of dwelling units allowed upon the Site. The Agreement limited the number of dwelling units to no more than 65 units,the Second Amendment increased the limit to no more than 75 units, and Developer has requested this Third Amendment to further increase the limit to no more than 80 dwelling units. 3 AMENDMENT. The Agreement is hereby amended at Part I(a) by amending and increasing the"65 dwelling unit"limit to a new limit of"80 dwelling units." 4 AMENDMENT. The Agreement is further amended by deleting Exhibit A and substituting therefore a new Exhibit A (Master Plan) attached hereto and made a part of this Amendment. 5 CONTINUED FULL FORCE. The Agreement, First Amendment, and Second Amendment shall continue to have full force and effect in accordance with the terms thereof, subject,however,to this Third Amendment. IN WITNESS WHEJOF, the City and the Developer have executed this Third Amendment on this 16 - day of May 2023. DEVELOPER: HUNZIKER DEVELOPMENT GROUP,LLC B - Justin Dodge,Manager STATE OF IOWA,COUNTY OF STORY,SS.: This instrument was acknowledged before me on May 2023,by Justin Dodge, as Manager of Hunziker Development Group,LLC. QW c�Gx Y NOTARY PUBLIC e MARCIA KRAUSE : �.�.�Commission Number$0302o MY Passed and approved on May 7i ,2023,by Resolution No. 23- 33 adopted by the City Council of the City of Ames,Iowa. r Ly' CITY OF AMES, IOWA 4 r ` B John A.Haila,Mayor -- Attest: Renee itall, City Clerk STATE OF IOWA, COUNTY OF STORY, SS.: This instrument was acknowledged before me on May r2b , 2023, by John A.Haila and Renee Hall,as Mayor and City Clerk,respectively, of the City of Ames, Iowa. CARLY M. WATSON Commission Number U9444 UyCommission Expire= Qi- i3-24 NO A Y BLIC REVISED MASTER PLAN— Exhibit `A' f i I i i Sunset Ridge North Figure 1: Master Plan BOLTON Hunziker Land Development April 2023 & MEN K I \ I t I I CONNECTION POINT ---------- I I EXISTING SASEW "_PROPOSEDSgL11TARY / I , ✓ /TRUNK LII�F y I I I \\ FUTURE CONNECTION POINT � v� i ;raR.�_'� ;�•..� ��.-. ; � ---"' `'-�''--- - - �l �.�t 1'�'"�f`�r'_�y%,, ,- c�= =', �- — _ -_= % Win._�,�;�:�1,�n11��F;--; ;- ,` �.rc � • i yv '� � i - - -' �... -. __ � �f�.✓j- .E 189237 _ -T�.- : �< ' r^ �, = _ _ S' � 7:'',�� ,,,,�,i � � -- \� SPACE N i ' PP OPEN � $P*CEt . - ` I Ile �)y N 00 1518-E.197.68 Soo•07'44•w 45.78 ../,' -- >� _ 6VVELOPABLEAeRESSING_•EfAMCY DEVELOPABL-ACRES SNGLE FAMILY ; '� ' ' _l V (� ------ PPP i 1 A*,ACHED:1. ACRE —,DETACHED:10.59 ACRE ;I 1 ;,- /'- - I OPEN SPACE: 3.10 ACRE Piz / � ( - L— fH7URE DEVELOPMENT: 9 o9'lo"w 198.55 �_�--_' 0 3.2TACR ( N 00'41 3c E 13 17 - - - _ ' o _ _ .; - -__._ i� S89'23 9"W 2 6.60 = -71 8'130fL%17 CONNECTION POINT CONNECTION POINT L _ _ � _ T _r -- - ice_� I - i - ► - i h _ ► �- - , �-� - - � Tr '� FLOODPLAIN40 L rJ I '•r.l� �+"' Arm �` � ; .� 'i � � � � a / � — — — — — — — \ * - �I z 0 125 250 i ~ ` � LEGEND QJ _ ! - �' a HORZ L tt • �' , oW SCALE FEET f r ► 1 1 • COLOR USE ZONING EXCLUDINGNET AREA DWELLING UNITS DENSITY < ROW oo O DEVELOPABLE ACRES FS-RL 9.5-12.5 AC 42-49 3.75-4.81 LEGAL DESCRIPTION SINGLE FAMILY DETACHED PREPARED BY EXISTING ZONING:"A"(AGRICULTURAL ZONE) PARCEL"N"A PART OF THE N i OF THE N i OF THE SW FRL.a AND OF THE N i OF THE WEST z OF THE NW OF THE SE OWNER PROPOSED:"FS-RL"(SUBURBAN RESIDENTIAL ZONE RESIDENTIAL LOW OF SECTION 6,TOWNSHIP 83 NORTH,RANGE 24 WEST OF THE 5TH P.M.,STORY COUNTY,IOWA,AS SHOWN ON THE OPEN SPACE FS-RL 4.5-10.0 AC NA NA 1519 BAT MORE ) PLAT OF SURVEY RECORDED ON DECEMBER 15,2003,AS INSTRUMENT NO.03-24892,SLIDE 191,PAGE1. DETENTION AND BUFFERS o HUNZIKER DEVELOPMENT GROUP 1519 BALTIMORE DRIVE DENSITY 105 S.16TH ST. AMES,IA 50010 < AMES,IOWA 50010 SUBMITTAL DATE FUTURE DEVELOPMENT v APPLICANT DECEMBER,2022 TOTAL AREA:28.57 ACRES SINGLE FAMILY DETACHED FS-RL 3-4 AC 7-13 3.75-4.50 HUNZIKER 105 S.16TH ST. OPEN SPACE:8.98 ACRES o AMES,IOWA 50010 PROPOSED ROW:3.84 ACRES SINGLE FAMILY ATTACHED FUTURE DEVELOPMENT:3.27 ACRES N NET AREA:12.48 ACRES z DEVELOPABLE ACRES FS-RL 1.4-2.4 AC 11-18 4.5-10 = SINGLE FAMILY ATTACHED x