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HomeMy WebLinkAbout~Master - Developer's Agreement for Grand Aspen Subdivision, 3rd Addition RESOLUTION NO.09-292 RESOLUTION APPROVING DEVELOPER'S AGREEMENT FOR GRAND ASPEN SUBDIVISION,3RD ADDITION FOR THE CITY OF AMES WHEREAS, in December 2003, the Council approved a preliminary plat creating three outlots in the Grand Aspen Subdivision that are unbuildable lots,and to assure that the necessary public improvements were installed in an appropriate time and manner,a Developer's Agreement was executed with the City; and, WHEREAS,the agreement specified that the developer take actions regarding issues related to Grand Avenue Extension and South 16' Street and a bike path; and, WHEREAS,after reviewing the agreement in preparation for the platting of Outlot A into two lots,it was determined that two recent events made it advisable that the obligations under the existing Developer's Agreement be revised;and, WHEREAS,in order to facilitate the platting of the previously named Outlot A into two lots,responsibilities were revised in the Developer's Agreement for Grand Aspen Subdivision,3`d Addition,that were submitted to the Council on May 26,2009;and, WHEREAS,these revisions were made so that the City would be able to receive federal funding for the Grand Avenue Extension project,and modifications would be cost neutral to the City and the developer;and, WHEREAS,the City Council's action on May 26,2009,to approve the Preliminary Plat for Grand Aspen Subdivision, 3`d Addition,was conditioned on the developer signing the agreement proposed by City staff,and, WHEREAS,the developer had expressed concerns with the proposed agreement since it required a letter of credit to be secured for bike path improvements for an unspecified period of time,and more recently,the developer has indicated he can not complete the street widening and bike path improvements prior to the approval of the Final Plat as required by the May 26 agreement;and, WHEREAS,staff and the developer met with Iowa Department of Transportation(IDOT)officials who now indicate that as long as the property owners acknowledge that they are entitled to just compensation for their property and receive some other form of fair compensation for their land,a donation of property to the City is now possible; and, WHEREAS,the developer has agreed to install the extra street lane adjacent to Lot 1 of the subdivision and to construct the bike path from the west side of Lot 1 to the west side of Outlot B of Aspen Ridge Subdivision by September 1,2009, and the developer will provide a letter(s)of credit prior to the approval of the Final Plat to secure this promise; and, WHEREAS,in exchange for the value of the land that will be donated to the City in Outlot B,the City will now agree to construct: a bike path adjacent to Greenbriar Park; a bicycle path by paving the existing granular trail within the former railroad right-of-way from South 16' Street northeast to the intersection of the future Grand Avenue right-of-way;and,a bike path along Grand Avenue from its intersection with the former railroad right-of-way to its intersection with South 16h Street. NOW,THEREFORE,BE IT RESOLVED by the City Council of the City of Ames,Iowa,that the Developer's Agreement for Grand Aspen Subdivision,3`d Addition,is hereby approved. ADOPTED THIS 23`d day of June,2009. Diane R. Voss, City Clerk Ann H. Campbell, Mayor Introduced by: Mahayni Seconded by: Popken Voting aye: Doll,Goodman,Larson,Mahayni,Popken,Rice Voting nay: None Absent: None Resolution declared adopted and signed by the Mayor this 23`d day of June,2009.