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HomeMy WebLinkAbout~Master - Xenia Agreement regarding water service to 3599 George Washington Carver Avenue DO NOT WRITE IN THE SPACE ABOVE THIS LINE,RESERVED FOR RECORDER Prepared by:Ames Legal Department,515 Clark Avenue,Ames,IA 50010 Phone:515-239-5146 Return to:Ames City Clerk,P.O.Box 811,Ames,IA 50010 Phone:515-239-5105 RESOLUTION NO. 16-228 RESOLUTION APPROVING WATER SERVICE AGREEMENT WITH XENIA RURAL WATER DISTRICT FOR SCENIC POINT DEVELOPMENT AT 3599 GEORGE WASHINGTON CARVER AVENUE FOR THE CITY OF AMES, IOWA WHEREAS,when annexation occurs in water service territory controlled by Xenia Rural Water District, three separate agreements are consummated to confirm the territory transfer to the City; and, WHEREAS,first,the City requires the developer to accept any financial responsibility for buying out Xenia's service territory;secondly,Xenia requires the developer to agree to pay a certain amount for the service territory buy-out; and, WHEREAS, lastly,Xenia and the City then confirm the territory transfer by written agreement, and this last step provides written documentation of the territory transfer, and also allows Xenia to comply with state law by legally transferring the obligation to provide water service in that area; and, WHEREAS,the property covered by this Agreement is addressed as 3599 George Washington Carver Avenue and is owned by Hunziker Christy Shirk Builders, Inc.; and, WHEREAS, the City Council approved annexation of the land on July 14, 2015, with the property owner's agreement for covering any cost of a rural water service buy-out; and, WHEREAS, the developer negotiated a separate buy-out agreement with Xenia Rural Water District; and, WHEREAS, the Water Service Agreement between the City of Ames and Xenia Rural Water District allows Xenia to comply with state law in transferring water service territory of the annexed area to the City of Ames. NOW, THEREFORE, BE IT RESOLVED by the City Council of Ames, Iowa, that the Water Service Agreement with Xenia Rural Water District for 3599 George Washington Carver Avenue is hereby approved. ADOPTED THIS 26th day of April, 2016. llka� A. Diane R. Voss, City Clerk Ann H. Campbell, Mayor Introduced by: Orazem Seconded by: Gartin Voting aye: Betcher, Beatty-Hansen, Corrieri, Gartin,Nelson, Orazem Voting nay: None Absent: None Resolution declared adopted and signed by the Mayor this 26`'day of April, 2016.