HomeMy WebLinkAboutA005 - Rezoning Agreement for Adoption of Master Plan for 4098 E 13th Street signed July 11, 2023 Instrument 0: 2023-04748
07/14/2023 11 :09:59 AM Total Pages- 8
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Recording Fee. 42.00
Stacie Herridge, Recorder, Story County Iowa
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SPACE ABOVE R E S E R V E D FOR OFFICIAL USE
Legal descri tion:See page 1.
(fe r)V, Return document to: City Clerk,515 Clark Avenue Ames IA 50010
Document prepared by: Mark O.Lambert,City of Ames Legal Department,515 Clark Ave.,Ames,IA 50010—515-239-5146
MENNEN
REZONING AGREEMENT FOR ADOPTION OF
THE MASTER PLAN FOR 4098 E 13th Street
THIS AGREEMENT,made and entered into this I i day of July 2023,by and
between the City of Ames, Iowa, (hereinafter"City") and ELWELL-RUETER,L.L.C.,
its successors and assigns (hereinafter "Developer"), collectively referred to as the
"Parties,"
WITNESSETH THAT:
WHEREAS the Parties hereto desire the improvement and development of real
property (Parcel No. 10-05-100-110) in the City of Ames, locally known as 4098 E 13t'
Street(hereinafter referred to as the"Site")and legally described as:
Parcel"A"in the Northwest Fractional Quarter(NW frl '/4)of Section Five(5), Township
Eighty-three (83) North, Range Twenty-three (23) West of the 5' P.M., Story County,
Iowa, as shown on Plat of Survey (Amended) filed in the office of the Recorder of Story
County, Iowa, on the 121 Day of December, 1997 and recorded as Instrument No. 97-
13483,in Book 15,Page 90 [approximately 55.18 acres more or less];
and
WHEREAS,the Site is designated on the Ames Plan 2040 as Employment(EMP)
Expansion) which has an allowable zoning category of General Industrial (GI), and the
Developer is seeking rezoning of the Site from the current zoning of Planned Industrial
(PI) with Northeast Gateway Overlay (O-GNE) to General Industrial (GI) removing the
Northeast Gateway Overlay (O-GNE)with Master Plan; and
WHEREAS,Developer has proposed a Master Plan to address compatibility of use
and layout of the site with the proposed GI zoning; and
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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 is necessary for the proposed 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 §291507(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; and
NOW,THEREFORE,the Parties hereto have agreed and do agree as follows:
I.
4098 EAST 131h STREET MASTER PLAN ADOPTED
The Master Plan set forth as Attachment A and incorporated by reference in this
agreement shall be the Master Plan for the Site at 4098 East 13th Street. Developer agrees
that all development upon the Site shall be in compliance with the Master Plan attached
hereto. Developer further agrees that:
(a) Developer shall restrict uses upon the Site as shown on the Master Plan.
(b) The Site shall be divided into two or more lots with a preliminary and final plat
prior to development of the site.
(c) Developer shall adhere to the general layout shown in the attached Master Plan
in all material aspects, including but not limited to, the placement of two
buildings on Lot 1,placement of one or more buildings on Lot 2, circulation of
traffic, setbacks, landscaping and building fagade characteristics.
H.
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. The Parties further
acknowledge that all site development and subdivision standards continue to apply to the
Site.
III.
GENERAL PROVISIONS
A. Modification. The parties agree that this Agreement may be modified,
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amended, or supplemented only by written agreement of the parties. In addition, any
modifications or changes to the Master Plan shall be undertaken in accordance with the
process provided for in Ames Municipal Code §29.1507(5).
B. Incorporation of Recitals and Exhibits. The recitals, together with 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. Prior Agreements Binding. The terms of all prior Agreements affecting this
Property in which the City is a party, including any pre-annexation agreement and/or
development agreement, are hereby reaffirmed in their entirety except as they may be
expressly modified by this Agreement.
D. Noninclusion of Other Im rovement 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
Developer 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.
IV.
COVENANT WITH THE LAND
This 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 parties understand and agree that the zoning
of the property is a matter that may only be modified by the City Council. The City shall
have the right to file a claim to continue its interest in these covenants. 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.
( S i g n a t u r e s o n f o l l o w i n g p a g e )
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Dated this day off 2023.
ELWELL-RUETEI,L:L.C:-���"
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By: L=,M
40 ager
STATE OF IOWA,COUNTY OF STORY,SS.:
This instrument was acknowledged before me on s (i ,2023,by
as Manager of Elwell-Rueter,L.L.C.
W
Christlan M:NumberIA212'OrMolhaet Ak, Commission7My commsion Expires April2,2024 a®
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Passed and approved on j L. I L, I I . 2023,by Resolution No. 23-
adopted by the City Council of the dity of Ames,Iowa.
CITY OF AMES,IOWA
B
' John A.Haifa,Mayor -
Attest:
Renee all,City/erk
STATE OF IOWA,COUNTY OF STORY,SS.:
This instrument was acknowledged before me on t , 2023,by John A.
Haifa and Renee Hall, as Mayor and City Clerk,respective y,of the City of Ames,Iowa.
GRACE BANDSTRA ANOTARY
AiUBCommission Number$43447 4h
My Comnilsslon Eypho
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