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HomeMy WebLinkAbout~Master - Covenant and Agreement for Annexation for 2114 State Avenue RESOLUTION NO. 11-571 RESOLUTION APPROVING COVENANT AND AGREEMENT FOR ANNEXATION FOR 2114 STATE AVENUE FOR THE CITY OF AMES,IOWA WHEREAS, on September 13,2011,the City Council referred a letter from Ron Mowers and Margaret Epplin,the owners of 2114 State Avenue,requesting to connect to the City's water service; and, WHEREAS, at the City Council meeting on October 25, 2011, the Council approved an agreement with the owners of 2126 State Avenue to allow them to connect to the City's water utility with the condition that they would annex at some future time; and, WHEREAS,the Council also gave staff direction on the"land banking"option for the two other properties in the area for which water service is being sought—Mowers/Epplin at 2114 State Avenue and Wiley Press at 2121 State Avenue; and, WHEREAS, according to the Ames Urban Fringe Plan,these properties are all anticipated to be annexed into the City; and, WHEREAS, consistent with the direction given by Council, staff has presented an agreement to Mowers/Epplin to allow them to connect to the City water service,provided that they: 1)agree to seek annexation at the time that the City Council directs them; 2) agree not to further divide their property or construct additional dwellings on the property; 3) agree to allow the City to prepare an acquisition plat for the State Avenue right-of-way and convey the right-of-way to the City after annexation; and, 4) agree to seek rezoning to the appropriate residential designation after annexation; and, WHEREAS, the property is contiguous to the City limits and,without annexation, the City is under no obligation to provide water service; however, the "land-banking" option approved by the Council on October 25 creates a mechanism to provide water to the properties along State Avenue that seek it by agreeing to annex at some future point. NOW,THEREFORE,BE IT RESOLVED by the City Council of the City of Ames,Iowa,that the Covenant and Agreement for Annexation to allow the owners of 2114 State Avenue to receive water service from the City,subj ect to the terms of the Agreement and the Municipal Code is hereby approved. ADOPTED THIS 20'day of December,2011. �� A. az Diane R. Voss, City Clerk Ann H. Campbell,Mayor Introduced by: Orazem Seconded by: Mahayni Voting aye: Davis, Goodman,Larson,Mahayni, Orazem,Wacha Voting nay: None Absent: None Resolution declared adopted and signed by the Mayor this 20'day of December,2011.