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HomeMy WebLinkAbout~Master - Developer's Agreement for Grand Aspen Subdivision, 4th Addition RESOLUTION NO. 10-509 RESOLUTION APPROVING DEVELOPER'S AGREEMENT FOR GRAND ASPEN SUBDIVISION,4TH ADDITION, FOR THE CITY OF AMES WHEREAS,the Randall Corporation has made application to the City to further subdivide the Grand Aspen Subdivision, which is proposed to be divided into three lots that will include one developable lot, one outlot, and one right-of-way lot; and, WHEREAS, in order to approve the proposed subdivision, the developable lot(Lot 1)must have frontage on City street right-of-way; and, WHEREAS, as proposed, the subdivision relies on access to an existing private driveway that serves the Coldwater Golf Course,which does not satisfy the City subdivision requirement as a public right-of-way; and, WHEREAS, the challenge facing the City and the developer is a provision in the existing Developer's Agreement that does not require the City to accept ownership of the right-of-way for the proposed extension of Grand Avenue south through Coldwater Golf Course and Grand Aspen Subdivision to South 16' Street until the City has secured federal financing to build the project; and, WHEREAS, until this occurs, a "negative easement" exists, whereby the developer can not construct any building or improvement on the easement area and no public road will be built, therefore, without access of all the proposed lots to a public right-of-way,the subdivisions can not be approved; and, WHEREAS,the developer has informed the City that they would like to proceed with developing their properties and have an opportunity to proceed immediately with an apartment project on Lot 1 of Grand Aspen; and, WHEREAS,the developer is requesting that the City consider accepting the road right-of-way and paving the section of the proposed Grand Avenue extension adjacent to Grand Aspen and Aspen Ridge Subdivisions as soon as possible; and, WHEREAS, the current estimate for this unbudgeted project is $400,000, and in order to facilitate the developer's request, a new Developer's Agreement must be created for Grand Aspen Subdivision,4'h Addition; and, WHEREAS,in addition,the developer is requesting that an additional curb cut be allowed for the Aspen Ridge Subdivision off of South 16'h Street; and, WHEREAS,if this action is supported,the City will be responsible to pave a portion of Grand Avenue adjacent to the subdivision beginning next May, while the developer will be responsible to begin the paving of the fourth lane on the south side of South 16'h Street west of the golf course entry road by May 1,2011. NOW,THEREFORE,BE IT RESOLVED by the City Council of the City of Ames,Iowa,that the Developer's Agreement for Grand Aspen Subdivision,4'h Addition, is hereby approved. ADOPTED THIS 26'h day of October,2010. c�'R- ug-a&. A. z/. a�- Diane R. Voss, City Clerk Ann H. Campbell, Mayor Introduced by: Mahayni Seconded by: Goodman Voting aye: Davis, Goodman,Mahayni,Larson,Orazem,Wacha Voting nay: None Absent: None Resolution declared adopted and signed by the Mayor this 26ffi day of October, 2010.