HomeMy WebLinkAboutA007 - Memorandum of Agreement recorded on August 17, 2001 r
R) o 1 - 1 1 3 0 9
TURN To: INST,NO,
8'COFIY COUNTY IOWA
AMES CITY CLERK „ FILED FOR RECiORD
BOX 811
AMES IOWA 50010 a AW AUG 17 2001 PM
SUSM L.VANDE KAMP,Recorder s
p=FFj$3b MUD.FEE$
DO NOT WRITE IN THE SPACE ABOVE THIS LINE,RESERVED FOR RECORDER
Prepared by: John R.Klaus,City of Ames Legal Department,515 Clark Avenue,Ames,Iowa 50010(Phone: 515-239-5146)
Address Tax Statement To:Terra Firma,L.P.,207 Stanton Avenue,Ames,Iowa 50014
MEMORANDUM OF AGREEMENT
SOUTH FORK SUBDIVISION
AMES, IOWA
An Agreement between the City of Ames,Iowa,and Terra Firma,L.P.,to be a covenant running with
Ian d described as set out on Appendix A attached hereto was made and entered into effective the I ifw, day
Of u 1 ,2001. However,this Agreement shall not be binding with respect to any officially platted
lot for which a City building permit has been issued. The said agreement was made with respect to public
improvements required by the City of Ames as a condition to approval of a plat of subdivision of the above
described land per Section 354.8 Code of Iowa. Said agreement is on file in the office of the City Clerk of
the City of Ames,Iowa.
CITY OF ES,J14YVA STATE OF IOTA,STORYCOUNTY ss:
On this L day of USf-,2001,before me,a Notary
c j: Public in and for the State of Iowa,personally appeared Ted Tedesco
a° and Diane R.Voss,to me personally known,and,who,being by me
s', y duly sworn, did say that they are the Mayor and City Clerk,
ed Vie, sco '11ayor respectively,of the City of Ames,Iowa;that the seal affixed to the
i # foregoing instrument is the corporate seal of the corporation,and
I. that the instrument was signed and sealed on behalf of the
Attest b .y'v "` corporation, by authority of its City Council, as contained in
lftlfe�(�w .k-tI Clerk ,Resolution No.01 -3?(o adopted by the City Council on the
day of_ *2 01,and that Ted Tedesco
and Diane R.Voss aelbiowledged 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.
,,;�.. ,r-•�" ' ` �� JILL L. RIPPERGER ,
COMMISSION#146549 Notary Public in and Stoi ounty,Iowa
MY COMMISSION EXPIRES
OWA 3 -0
TERRA FIRMA,L.P. STATE OF IO A,STORY COAJNTY ss:
By Ev Cochrane &Associates,Inc. On this day of--� 2001 fore rho the
undersigned,a Notary Public in and for the State o'1 IowaYpersonally,• ,
General Partner appeared Everett W.Cochrane,III t cer5o ally known,who
being by me duly sworn did say th 1 /te President of Ev ;
Cochrane&Associates,Inc.,the Genr131P�t�p}�erbf Terra Firm,
L.P., an Iowa limited partnership, ifc4thrtg.they logbir
B (/ (,d i y instrument, that the instrument was,�ss�fined op behalf 6f (ie
Y Everett W. Cochrane, III corporation as General Partner of Terra Firma LP,an Iona ifinited
partnership,by authority of the corporations $9 of Ihrectorsi .
Vice President and that Everett W. Cochrane, III, as thaU0 icgi, ackn vyjrydge"
execution of the instrument to be the voluntary aet`and � d of the
corporation and limited partne it and `tlie'officer
voluntarily executed.
Notary Public in and r Story ounty,Iowa
South Fork Memorandum of Agreement-081001
T ,
AN AGREEMENT PERTAINING TO THE
SUBDIVISION PLATTING AND DEVELOPMENT OF
LAND IN THE CITY OF AMES
CALLED "SOUTH FORK SUBDIVISION"
THIS AGREEMENT,made and entered into this r4 day of AUALt5t ,2001,
by and between the CITY OF AMES,IOWA(hereinafter called"City");and TERRA FIRMA,L.P.,
its successors and assigns(hereinafter called"Developer").
WITNESSETH THAT :
WHEREAS, the parties hereto desire the improvement and development of an area legally
described as set out on Appendix A,hereinafter called the "Site"; and,
WHEREAS, Developer has applied to the City for platting of subdivisions of the Site; and,
WHEREAS, an agreement between the Developer and the City with respect to public
improvements is required by the City as a condition to approval of subdivision plats pursuant to Section
354.8, Code of Iowa, and Section 23.304 of the Municipal Code of the City,
NOW,THEREFORE, the parties hereto have agreed and do agree as follows:
I
PURPOSE
A. It is the purpose of this Agreement to:
1. Document, record, and give notice of a certain plan of development, and the
public and private measures and undertakings essential to the implementation of that plan of
development, for the Site.
2. Provide remedies to the City in the event the said plan of development is not
adhered to or achieved by the Developer.
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B. This Agreement does not create or vest in any person or organization other than the City
any rights or cause of action with respect to any performance,obligation,plan,schedule or undertaking
stated in this Agreement with respect to the Developer. This Agreement does not prevent the City from
amending,modifying,or releasing the Developer from some or all of the provisions of this Agreement.
No person shall have any cause of action or recourse against the City or Developer by reason of any such
amendment, modification or release.
II
DEVELOPERS' RIGHTS
A. Developers' obligations pursuant to this agreement are subject to and contingent upon:
1. Approval by the City Council of the City of a Preliminary Plat for the Site in its
entirety,prepared and submitted by Developer in accordance with the applicable ordinances of the City
and Appendix A of this Agreement,
2. Approval by the City Council of the City of a final plat of what is shown on
Appendix A as"Phase One",prepared and submitted by Developer in accordance with the applicable
ordinances of the City.
B. It is expressly understood and agreed that Development of Phase 1 and each and every
other Phase of Development as shown on Appendix A is required by this Agreement.
III
CITY'S REMEDIES
A. It is understood and agreed that the City shall not issue any building permits with respect
to any place on the Site for which a final plat of subdivision has not been approved and filed for record.
B. The City shall not issue a building permit,zoning permit,or any other permit of the City
with respect to any excavation,construction,reconstruction or remodeling on the Site unless said work
is undertaken in accordance with the provisions of this Agreement.
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C. The City shall not approve any final plat of any Phase of Development shown on
Appendix A unless said plat is in accordance with and meets the provisions and conditions of this
Agreement.
D. All ordinances,regulations and policies of the City now existing or as may hereafter be
enacted shall apply to activity on the Site,this Agreement notwithstanding.
IV
PLATTING PROCESS
The Developer shall undertake the official platting of subdivisions of the Site,pursuant to the
procedures established by the statutes of the State of Iowa and the ordinances of the City. The
Developer shall apply to the City for approval of official plats of subdivisions of the Site in a phased
sequence for portions of the Site as shown on Appendix A. As the application for approval of each such
Phase of Development is reviewed by the City, the City shall establish specific requirements for
improvements of that portion of the Site, and require a performance bond or other security for the
performance of improvements by the Developer. The requirements for improvements relative to the
approval of any official plat for a Phase of Development of the Site may reiterate the provisions of this
Agreement; and, may state additional improvements specific to the needs of a particular Phase of
Development.
V
IMPROVEMENTS
A. Public Access Open Space.
1. Public Walkway and Bike Trail to Franklin Park. As a condition of approval of
the final plat for"Phase One",the Developer shall convey by Warranty Deed at that time,at no cost or
charge to the City, for use as a public walkway and bike trail to Franklin Park, a 10 foot by 315 foot
parcel of land located as shown on Appendix A. The Developer shall construct, at developer's sole
expense, an eight foot wide walk/bike trail on that land as a condition of the approval of the final plat
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for "Phase One" and shall provide a bond for the completion of that work in accordance with the
provisions of the subdivision regulations of the City.
2. College Creek Greenbelt. As a condition of approval of the final plat for"Phase
One",the Developer shall convey a perpetual easement for conservation of open space and public access
from the east property line of the Site to the west property line of the Site, along both sides of College
Creek,to a width defined by the width of the 100 year flood way established under the auspices of the
Federal Emergency Management Administration. The Developer shall take the actions necessary to
have a 100-year floodway established as aforesaid for the segment of College Creek that is within the
Site,not later than the date of Developer's application for approval of a final plat for Phase Two. The
terms of the said greenbelt conservation and public access easement shall allow for the public use of a
paved bike trail and pedestrian path. The Developer shall construct, at Developer's sole expense, an
eight foot wide walk/bike path on the said easement area, along the north side of College Creek,
extending from the east property line of the Site to the west property line of the Site,the work to be done
or bonded for as a condition for the approval of the final plat of that phase of development that abuts on
College Creek. The Developer shall construct the said trail in accordance with the reasonable
specifications of the City engineers to include two paved mid-block connections to Cochrane Parkway,
as shown on Appendix A,and shall bond for completion of the work in accordance with the subdivision
regulations of the City.
B. Streets and Street Improvements.
1. The Developer shall,with respect to all streets as shown on Appendix A,convey
fee title for the street land to the City at no charge or cost to the City, said conveyance to occur at the
time of subdivision platting of the Phase of Development in which such street is included,or on which
such street abuts,unless another time for conveyance of such street land is herein specified.
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2. The Developer shall, with respect to all streets as shown on Appendix A,
construct all street improvements and street appurtenances in accordance with the requirements and
specifications of the City,at no cost or charge to the City. That work shall be completed in accordance
with the schedule set by the City at the time of approval of the final plat for the Phase of Development
in which the street improvement is included or on which such street improvement abuts,unless another
time for construction of such improvements is herein specified.
3. The Developer shall pay 50% of the costs, and the City shall pay 50% of the
costs to construct, erect, and install the left turn lane improvements as specified by the City at the
intersection of Lincoln Way and Franklin Avenue. The construction of those left turn lane
improvements shall be done and completed to the satisfaction of the City at such time as when traffic
volumes warrant to attain Institute of Traffic Engineer's"service level c",or when a final plat is sought
for a part of the site not in Phase One,east of Dotson Drive and not abutting on Dotson Drive,whichever
occurs first. The Developer shall bond for the completion of that work in accordance with the
subdivision regulations of the City,as a condition of approval of the final plat of Phase Two. If the cost
to the City of its share is estimated by the City to be more than fifty thousand dollars($50,000),the work
shall be contracted by the City and the Developer shall deposit its share with the City based on the City's
cost estimate before the contract is awarded. If actual cost is more than the amount deposited, the
Developer shall pay the City the additional amount required to cover actual costs. If actual costs are less
than the amount deposited, the City shall refund the difference.
4. The Developer shall pay 50% of the costs, and the City shall pay 50% of the
costs to construct the improvements specified for a left turn storage lane and traffic control signals at
the intersection of Lincoln Way and Dotson Drive. Construction of those left turn storage lanes shall
be done and completed to the satisfaction of the City at such time as when traffic volumes warrant, to
attain Institute of Traffic Engineer's"service level c",or when the cumulative land area of all approved
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final plats pertaining to the Site (exclusive of any plat made prior to the date of this agreement), is
greater than 50%of the land area of the Site,whichever occurs first. The Developer shall bond for the
completion of that work in accordance with the subdivision regulations of the City. If the cost to the
City of its share is estimated by the City to be more than fifty thousand dollars($50,000),the work shall
be contracted by the City and the developer shall deposit its share with the City based on the City's cost
estimate,before the contract is awarded. If actual cost is more than the amount deposited,the Developer
shall pay the City the additional amount required to cover actual costs. If actual costs are less than the
amount deposited, the City shall refund the difference.
C. Water Main Improvements.
1. The Developer shall grant to the City, without charge, easements in a form
acceptable to the City for installation of water mains on the Site as shown on the City approved
preliminary plat for the Site.
2. Developer shall install all water mains as specified for the Site by the City, at
the sole cost and expense of the Developer,including extension of existing 6-inch perimeter lines with
eight inch diameter mains at no cost or charge to the City.
3. The Developer shall pay a water main tapping fee to the City with respect to the
water main that has been installed by the City on Dotson Drive. This water main tapping fee shall be
paid by Developer at the time of the final plat of each Phase of Development of the Site that abuts on
a segment of Dotson Drive,or the Developer can make payment of the tapping fee in total at one time.
The amount of the tapping fee shall be as set by the City at the time that payment is made or due to be
made.
4. For water mains specified by the City to exceed eight inches in diameter,the City
shall reimburse that portion of the cost attributable to the diameter exceeding eight inches. However,
if that cost to the City is more than the statutory amount for public bidding, the City shall award a
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contract for the larger main construction after Developer has deposited its share of the City's estimate
of the cost of construction of those mains to the account of the City. If the actual cost is more than the
amount deposited,the Developer shall pay the additional amount required to cover actual cols. If the
amount deposited is more than actual costs,the city shall refund the difference.
D. Sanitary Sewer Improvements.
1. The Developer shall grant to the City, without charge, easements in a form
acceptable to the City for installation of sanitary sewers on the Site as shown by the City approved
preliminary plat for the Site.
2. Developer shall install all sanitary sewer mains as specified for the Site by the
City, at the sole cost and expense of the Developer.
E. Storm Sewers and Storm Water Management.
1. The Developer shall grant to the City, without charge, easements in a form
acceptable to the City for installation of storm sewers and storm water detention basins on the Site as
shown by the City approved preliminary plat for the Site.
2. Developer shall install and construct all storm sewers, storm sewer
appurtenances, and storm water detention basins, as specified for the Site by the City, at the sole cost
and expense of the Developer,and at no cost or charge to the City,for the purpose of managing both the
quantity and quality of storm water discharge.
3. Storm water detention basins shall be constructed to control the storm water
runoff quantity and quality at the time of the final plat of the Phase of Development for the Site in which
the basin is located. The detention basins shall be owned by the Developer, or by a home owners'
association that is the grantee of the Developer. The Developer,or such homeowners'association,shall
have the duty to mow the grass and perform routine maintenance of the storm water detention basins.
The Developer shall grant to the City,at no charge or cost to the City,an access easement to each of the
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said storm water detention basins,and an easement for the detention of storm water in said basins,with
the right to excavate the basins as needed to restore or enhance the functional capacity of those storm
water detention basins, such easements to be in a form acceptable to the City.
4. Detention Pond Ownership. The proposed preliminary plat of subdivision
attached hereto as Appendix A shows, as "Outlot F", an area of land that is subject, entirely, to an
easement for storm water collection and detention. As such,the lot is unbuildable and uneconomic. For
that reason,there is concern that the said"Outlot F"as proposed would be conveyed to an entity without
assets, with no financially responsible party liable for costs of care and maintenance such as cutting
vegetation and prevention of trash accumulation. To guard against such eventuality, it is hereby
mutually agreed that the land shown on the proposed preliminary plat as"Outlot F"shall be platted as
a larger lot encompassing so much of Lot 2, Willow Creek Fourth Addition to Ames, Iowa as to have
an area that is free of the said easement so that the resulting larger lot is buildable and more economical.
Additionally, it is agreed that the City shall have no duty of care with respect to the said lot other than
to dredge the detention basin if and when that is determined by the City to be necessary. It shall be the
duty of the owner of said larger lot to cut vegetation and remove trash accumulations with respect to all
parts of the said lot,including that area that is subject to the said storm water collection and detention
easement.
F. Electric Utility Easements and Improvements.
The Developer shall grant to the City,at no cost or charge to the City,all electric utility
distribution easements required by the City for the Site,and shall pay to the City the cost of installation
and construction of electric distribution facilities,in accordance with the provisions of the City electric
utility policies and the provisions of the City subdivision regulations.
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VI
COVENANT WITH THE LAND
This Agreement shall run with the Site and shall be binding upon the Developer,its successors
and assigns. However,this Agreement shall not be binding with respect to any officially platted lot for
which a City building permit has been issued. Each party hereto agrees to cooperate with the other in
executing a Memorandum of Agreement that may be recorded in place of this document.
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed
effective as of the date first above written.
CITY OF AMES,IOWA . STATE OF IO A,STORY COUNTY ss:
On this I g day of ,2001,before me,a Notary
Public in and for the State of Iowa,personally appeared Ted Tedesco
and Diane R.Voss,to me personally known,and,who,being by me
duly sworn, did say that they are the Mayor and City Clerk,
By. respectively,of the City of Ames,Iowa;that the seal affixed to the
Teti =edesco Mayor 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. !n adopted by the City Council on the
1 Altst b � IFS day of and that Ted Tedesco
tH" and Diane R.Voss ac owledged the execution ofthe instrument to
Dlarie Voss, City"Clerk be their voluntary act and deed and the voluntary act and deed ofthe
corporation,by it voluntarily executed.
Notary Public in and f r tory unty,Iowa
�POAL JILL L. RIPPERGER
_ ir COMMISSION#146549
' MY COMMISSION EXPIRES
TERRA FIRMA,L.P. STATE OF IOWA,STORY CAOUNTY ss:
By Ev Cochrane &Associates, Inc. On this�day of $ ,2001,before me,the
undersigned,a Notary Public in and for the State of Iowa,personally
General Partner appeared Everett W.Cochrane,III,to me personally known,who
being by me duly sworn did say that he is the Vice President of Ev
Cochrane&Associates,Inc.,the General Partner of Terra Firma,
L.P., an Iowa limited partnership, executing the foregoing
By: y Wes_ instrument, that the instrument was signed on behalf,of the
Everett W. Cochrane III corporation as General Partner of Terra Firma,Lp;,,Fll5ws l4tgd
partnership,by authority of the corporations'51.ii6ardljfDtre�tozs
Vice President and that Everett W. Cochrane, III, as that officei,;acknowledge
execution of the instrument to be the yofuntar a d deedo.'fFthe
corporation and limited ers ip" bt � offcer
voluntarily executed. 4
Notary Public in d fo Story Co in' 1bsva r"
South Fork Subdivision Agreement-080201
rev.081001
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APPENDIX A - Page 1
ENGINEERING PLUS, INC.
612 Fifth Street Ames, Iowa 50010-6005 1615)232-8563 FAX 1615)233.5976
Kenneth D.Janssen,P.E.,L.S. Engineers
Randy D.Lueth,ASLA Planners
Craig L.Nelson,P.E. Land Surveyors
Paul R.Popelka,ASLA,AICP Landscape Architects
DESCRIPTION
Boundary
Dotson
The East-One Fourth (E%) of the North-Three Fourths (N3/4) of the
Northwest Quarter (NW'/.), except the West Thirty (30) feet of the East-Half (E'Y2)
of the Northeast Quarter of the Northwest Quarter (NE%-NW%); and the West-
Three Eights (W3/8) of the North-Three Fourths (N3/4) of the West-Half (W%) of
the Northeast Quarter (NE A); and a strip of land described as follows:
"Beginning at the Southeast (SE) corner of the West-Three Eights (3/8) of the
North-Three Fourths (N3/4) of the West-Half (WY2) of the Northeast Quarter (NE%);
thence East, 41.0 feet; thence North, 407.25 feet; thence West, 41.0 feet; thence
South, 407.25 feet to the Point of Beginning."
Except "Commencing at the North Quarter (N'Y4) corner; thence
S00013'30"E, 70.0 feet to the Point of Beginning; thence East, 497.8 feet along a
line parallel with and 70 feet Southerly from the north line of the NEY4; thence
S01 034'55"E, 565.1 feet along the east line of the W3/8 of the N3/4 of the W Y2
of the NE%; thence West, 1,133.1 feet; thence N01'34'50"W, 560.1 feet along
the east line of Dotson Drive; thence N89'33'00"E, 635.2 feet along a line parallel
with and 70 feet Southerly from the north line of the NW%, to the Point of
Beginning."
And the West-Half of the Southeast Quarter of the Northwest Quarter (W'/2-
SE%-NW%); ALL in Section 8 - T83N - R24W of the 5'" P.M., Story County, Iowa;
more particularly described as follows:
"Beginning at the Northwest (NW) corner of the Southeast Quarter of the
Northwest Quarter (SE%-NW%) of Section 8 - T83N - R24W of the 51h P.M., Story
County, Iowa; thence S89'16'35"E, 692.73 feet along the south line of Beadle
Subdivision and that line extended East; thence N00°14'47"W, 691.11 feet along
the east line of the West 30 feet of the E'h-NE%-NW%, also being the east line of
Dotson Drive; thence S88°40'09"E, 1,132.87 feet along the south line of the
property Deeded to Hanover Ames, Inc. and recorded on April 28, 1976 in Book
158 at Page 714; thence S00'15'26"E, 934.69 feet along the east line of the
W3/8-N3/4-W%-NEY4; thence S89016'21"E, 41.81 feet along the south line of
West Campus Village Addition; thence S00'15'26"E, 407.02 feet along the west
line of Vivian G. Coy Subdivision, and that line extended North; thence
N89°04'38"W, 540.95 feet along the south line of the N3/4-W%-NE%; thence
N89°18'16"W, 661.27 feet along the south line of the N3/4-'NW%; thence
S00°27'39"E, 664.22 feet along the east line of the WYz-SE%-NWY4; thence
N89°03'55"W, 669.30 feet along the south line of the WY2-SEY4-NW%; thence
N00010'43"W, 1,322.73 feet along the west line of the SE'/4-NW%, and along the
east line of Willow Creek Estates Fourth Addition and the east line of Dwight Harris
Subdivision, to the Point of Beginning."
Property contains: 2,442,440 square feet or 56.0707 Acres.
y, KENNETH 0. Ma
JANSSEN : /Met/d
T
" enneth D. J nssen P.E., L.S.
" * License Renewal 12-31-01
IUNA
April 27, 2000
ENGINEERING PLUS, Inc.
EP-File #20002 (Boundary.Dotson.Des) 1 I
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