HomeMy WebLinkAboutA009 - Agreement for Deferral of Sidewalk Installation for the Property Located at 220 South Teller 1
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Instrument, p: 2024-00285
01/16/2024 12:55:54 PM Total Pages; 5
Recording Fee: $ 27,00
Stacie Herridge, Recorder, Story County Iowa
3 mill Win NK i0l1141 AN 140A Owl 11111
SPACE ABOVE RESER V E D FOR OFFICIAL USE
(� Return document to: City Clerk,515 Clark Avenue,Ames 1A 50010
'v J Docuiuent prepared by: Victoria A.Feilmeyer.City ofAmes Legal Depal1ment,515 ClarkAve.,Ames,IA 50010--515-239-5146
AGREEMENT FOR DEFERRAL OF SIDEWALK INSTALLATION FOR THE
PROPERTY LOCATED AT 220 SOUTH TELLER
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The parties to this Agreement are Western Independent LLC, and its successors and
assigns, (hereinafter referred to as "Owner"} and the City of Ames, Iowa(hereinafter referred to
as"City").
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j WHEREAS,the property located at 220 South Teller,Ames,Iowa, (hereinafter referred to
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the "Site") is located in the southeast corner of the intersection of South Teller Avenue and East
s Lincoln Way; and
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WHEREAS,the City Council approved a Plat of Survey creating two legal parcels on.the
Site on April 25, 2023,which was filed with the Recorder of Story County,Iowa, on May 4,2023,
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S as Instrument No. 2023-02674, and is described in Exhibit`A'attached hereto; and
WHEREAS,the Ames Municipal Code requires the installation of sidewalks upon the Site
as part of the approval process for the Plat of Survey;and
WHEREAS, Chapter 5 of the Ames Municipal Code requires installation of sidewalks at
the time of development of a principal building as defined in Chapter 22 and related to standards
and specifications of Chapter 23.
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WHEREAS, the City Council, acting pursuant to the Owner's request and its authority,
determined: (1) that Owner's request for a waiver of the requirement that Owner construct
sidewalks upon the Side should be denied; (2) that the requirement that the Owner construct a
sidewalk running parallel to South Teller Avenue(in a north-south direction) is premature at this
time and should be deferred; (3) that under certain conditions the Owner would be required to
install the sidewalk on a future date to be determined by City Staff; (4) that the Owner shall be
required to enter into this Agreement to memorialize the terms and timing for the installation of
the required sidewalk; and (5) that the requirement under §23.403(14)(c) to collect security with
any agreement granting a sidewalk deferment should be waived as an extraordinary hardship to
the Owner.
NOW,THEREFORE,in consideration of the premises,it is hereby understood and agreed
that:
1. The Owner is responsible for the construction and cost of a sidewalk or shared use
path, per City standards, which runs parallel to South Teller Avenue within an
easement granted to the City by the Owner, and not within the City's right-of-way,
at no cost to the City.
2. Owner's requirement to construct said sidewalk or shared-use path is deferred until
such time as the City notifies the Owner that a sidewalk or shared use path
connection has been approved or extended adjacent to the Site, either to the north
or south of the Site.
3. Owner shall fully install the sidewalk or shared use path, which shall connect to
and match the adjacent sidewalk or shared use path, within twelve months of the
City sending notice to the Owner. The City's detemnination on the timing and
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manner of providing notice to Owner shall be conclusive and final. Upon such
j notice to the owner per this section, the requirements of Chapter 5.118 shall then
apply and the City may withhold building permits.
I 4. This Agreement shall be filed for record in the office of the Story County Recorder
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and all covenants, agreements, promises and representations herein stated shall be
deemed to be covenants running with the land and shall endure and be binding on
the parties hereto, their successors and assigns, for a period of 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
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claim to continue its interest in these covenants.
E 5. Invalidation of any part of this Agreement or these covenants by judgment or court
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order shall in no way affect any of the other provisions, which shall remain in full
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force and effect. No addition to or change in the terns of this Agreement shall be
binding upon the parties unless it is expressed in a writing signed and approved by
the parties.
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6. A failure by the Owner to observe any portion of this Agreement shall be an event
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of default and the City reserves any and all remedies available at law and in equity
to enforce Owner's obligations under this Agreement.
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IN WITNESS WHEREOF,the parties hereto have caused this instrument to be executed
effective as of the date last executed below.
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[SIGNATURES FOLLOW ]
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Dated this , Tj day of JTry 2023.
WESTERN INDEPENDENT LLC
By:
,Manager
STATE OF IOWA,COUNTY OF STORY,SS.:
This instrument was acknowledged before me on / 2023,by
�cye11 Qppo['q/I as Manager of Western Independent LLC.
RENEE HALL N TARY PUBLIC
:Commission Number 827148
My Commission FxPim
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Passed and approved on 4/)/'(I o75 ,2023, by Resolution No. 23-
adopted by the City Council of the City of Ames, Iowa.
CITY OF AMES, IOWA
B
YM a�"
w John A.Haila, Mayor
Attest:
Renee Hall,City Clerk
STATE OF IOWA,COUNTY OF STORY, SS.:
This instrument was acknowledged before me on 2023,by John A.
Haila and Renee Hall, as Mayor and City Clerk,respectively, of the City of Ames, Iowa.
y CARLY M.WATSON
t Commission Numbw•29444
• � `t N T Y PUBLIC
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Exhibit `A'—Legal Description
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j Parcels `D'and `E'in the Nortliwest Quarter(NW %) of Section 9,Township 83 North,Range 23
West of the 56'P.M.,Ames,Story County,Iowa,as shown on the"Plat of Survey"filed in the office
! of the Recorder of Story County,Iowa,on the May 4,2023,and recorded as Instrument No.2023-
02674.
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[Subject to right-of-way, easements and any restrictions of record].
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