The URL can be used to link to this page

Home My WebLink AboutA018 - Development Agreement dated June 2, 1997, Instrument No. 97-06890 MT.NO. -7 _ 06890 STORY COUNTY,IOWA FILED FOR RECORD �0 AM JUL 0 7 1997 PW SUSAN L VANDE KW,AWOR K Aud Ws FM= — DEVELOPMENT AGREEMENT WESSEX SUBDIVISION THIS AGREEMENT, made and entered into this vay of J � a , 1997, by and between the City of Ames, Iowa (hereinafter called the "City"), and Dayton Park Ltd., and their successor and assigns (hereinafter called "Developer"), WITNESSETH THAT: WHEREAS, the Developer holds title to certain land under the jurisdiction of the City described as: THE EAST 32 ACRES OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER, EXCEPT THE RIGHT-OF-WAY OF THE CHICAGO AND NORTHWESTERN RAILWAY COMPANY AND EXCEPT THE LAND LYING SOUTHEAST OF SAID RIGHT-OF-WAY, ALL IN SECTION 16, TOWNSHIP 83 NORTH, RANGE 24 WEST OF THE 5TH P.M., STORY COUNTY, IOWA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 16; THENCE S89044'41"W, 1065.79 FEET ALONG THE NORTH LINE OF THE SOUTH HALF OF THE SOUTHEAST QUARTER OF SAID SECTION 16; THENCE S001100'02"E, 1310.87 FEET TO THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 16; THENCE S89°51'33"E, 835.72 FEET ALONG SAID SOUTH LINE TO THE WESTERLY RIGHT-OF-WAY LINE OF THE CHICAGO AND NORTHWESTERN RAILWAY COMPANY;THENCE N32°29'43"E,429.17 FEET ALONG SAID RIGHT-OF-WAY TO THE EAST LINE OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 16; THENCE N00°01'51"W, 955.70 FEET TO THE POINT OF BEGINNING. CONTAINING 31.2 ACRES,WHICH INCLUDES 1.69 ACRES OF EXISTING PUBLIC ROAD RIGHT-OF-WAY. j hereinafter called the "site, for which Developer has applied to the City for a plat of subdivision; and WHEREAS, it is desired that there be an agreement between the Developer and the City with respect to public improvements required by the City as a condition to approval of the subdivision plat pursuant to Section 354.8 Code of Iowa; and WHEREAS, the City recognizes the need to participate in the installation of public improvements in this subdivision, and WHEREAS, the participation is necessary because of the benefit to the general public through the provision of oversized utilities or additional paving width. WHEREAS, this subdivision involves the need to construct off-site improvements that will benefit the site, as well as the public in general. NOW THEREFORE, in consideration of the aforesaid, the parties have agreed and do promise and agree as follows: I. DEVELOPER RESPONSIBILITIES. 1. Utilities Water: Water mains and all service to lots shall comply with a plan approved by the City's Public Works Department. All water mains on the site shall be public mains, and they will be located in utility easements, dedicated to the City, and constructed by the Developer to City specifications. The Developer shall be responsible for all expenses for the installation of eight-inch water mains. Sanitary Sewer: A 12" public sanitary sewer main shall be extended through the site at the Developer's expense. The City will reimburse the material cost between 12" and 8" sanitary sewer to the Developer. Storm Water Management: A storm water management plan has been prepared by the Developer which directs site drainage to a permanent water feature located in the southeast corner of the property. The outlet structure of the water feature shall be designed and constructed at Developer's expense, so that the outflow rate will not exceed the current undeveloped runoff rates for 5 year, 10 year, 25 year, 50 year, and 100 year interval design storms. 2. Streets Vehicles and Pedestrian Access a) The Developer shall be responsible for the cost of street improvements to widen Oakwood Road to three lanes for left/right turn lanes. The third lane shall extend from the intersection of Elwood Drive to the west line of the subject property. Further, the Developer shall be responsible for one-half of the cost for extending two lanes of pavement from Elwood Drive to the south property line of the subject property. The Developer also shall be responsible for constructing a bus turn-around in conjunction with the Elwood Drive access as shown on the CDP and PUD. The Developer shall provide a cash escrow in an amount determined by the City for the 2 1-7_ os890 ( z) construction of these street improvements by the City. The cash escrow shall be received by the City prior to approval of the Final Plat, and may be drawn on by the City as needed to pay costs of construction. b) The Developer shall construct at the Developer's expense, all bicycle path improvements, as indicated on the Conceptual Development Plan, along the south side of Oakwood Road and the west side of Elwood Drive. c) The Developer shall be responsible for all grading within the site in accordance with the grading plan approved by the City in conjunction with the PUD plan approval. d) Access to the site shall be limited to one access drive onto Oakwood and one access drive onto Elwood Drive. These access locations shall be only as shown on the CDP and PUD. e) The Developer shall dedicate at no cost to the City 40' of right-of-way for Oakwood Road and 50' of right-of-way for Elwood Drive. f) The Developer shall grant a 35' wide easement to be reserved for street purposes along the south boundary of the subject property. 3. aQk The Developer shall place a note on the Final Plat, indicating those lots which may require engineered foundations due to soil conditions. 4. This Agreement shall run with the above described land and shall be binding on the Developers, their successors and assigns. However, except for the access limits stated in paragraph 2d above, this Agreement shall not be binding with respect to any officially platted lot for which a city building permit has been issued. 5. All work done by the Developer shall be in accord with the Final Plat and Chapter 23 of the Ames Municipal Code, and other applicable local, state and federal laws and regulations. II. CITY RESPONSIBILITIES 1. The City will be responsible for the construction of a right/left turn lane on Oakwood Road from Elwood Drive to the west property line of subject property and for the construction of Elwood Drive from Oakwood Road to the south property line of subject property and bus turnaround, using the cash escrow provided by the Developer for such construction. 3 011- 06890 (3) IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed as the date first above written. CITY OF AM DAYTON K LTD. BY BY Lar Curtis, ayor 'Attest BY L Sandra L. Ryan, City Clerk h\e ms\misc\wessex.dev APP John laus City Attorney �7- O6890 y� 4 4 STATE OF IOWA SS: COUNTY OF STORY On this day of 19ftj, before me, a Notary Public in and for Story County, Iowa, personally appeared o An,= z.. to me personally kno n, who being by me duly sworn, did say tha&she is f said corporation, 11 f no seal has been procured by the said corporation, and that said instrument was signed and sealed on be If of said corporation by authority of its board of directors and the said cknowledged the execution of said instrument to be the volunt9y act and deed of said corporation by it voluntarily executed. � wAaA Notary Public i nd for Story County, Iowa STATE OF IOWA, STORY COUNTY ss: On this 24th day of June, 1997, before me, a Notary Public in and for the State of Iowa, personally appeared Larry R. Curtis and Sandra L. Ryan, to me personally known_ and who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Ames, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by authority of its City Council, as contained in Resolution No. 97-312 adopted by the City Council on the 24th day of June 1997, and that Larry R. Curtis and Sandra L. Ryan acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. Notary Publi�in fa -> Story County, I r 06890 (S� II --