HomeMy WebLinkAboutA002 - Council Action Form dated July 8, 2003 ITEM #
DATE 07/08/03
COUNCIL ACTION FORM
SUBJECT: APPROVAL OF THE FINAL PLAT FOR RIVER RIDGE SUBDIVISION, A
COVENANT PERTAINING TO WATER SERVICE, AND A COVENANT FOR THE
ASSESSMENT OF COSTS OF IMPROVEMENTS.
BACKGROUND:
The property owners are requesting that the Final Plat for River Ridge Subdivision be
approved. The proposed subdivision consists of 32.25 acres of land, located northeast of
Ames on the north side of Riverside Road approximately one-quarter mile east of U.S.
Highway 69.
The Final Plat divides the land area into three lots,three outlots, and one lot for public road
right-of-way. The three developable lots are planned for single-family residential
development, the three outlots are part of the Skunk River Greenbelt, and Lot "A" will be
dedicated to the public as right-of-way for West Riverside Road.
On March 25, 2003, the City Council passed a resolution approving a waiver of
infrastructure requirements for this proposed subdivision with stipulations to be addressed
as part of the submittal of the Final Plat. The stipulations are addressed by the attached
Covenants.
Staff believes the Final Plat for River Ridge Subdivision is consistent with the approved
Preliminary Plat and recommends approval by the City Council.
ALTERNATIVES:
1. The City Council can approve the Final Plat for River Ridge Subdivision, and
Covenants Pertaining to Water Service, and the Assessment of Costs of
Improvements.
2. The City Council can deny approval of the Final Plat for River Ridge Subdivision, and
Covenants Pertaining to Water Service, and the Assessment of Costs of
Improvements.
3. The City Council can approve the Final Plat for River Ridge Subdivision, and
Covenants Pertaining to Water Service, and the Assessment of Costs of
Improvements, with modifications.
4. The City Council can refer these items back to City staff and/or the Developer for
additional information.
MANAGER'S RECOMMENDED ACTION:
It is the recommendation of the City Manager that the City Council approve Alternative#1.
This will approve the Final Plat for River Ridge Subdivision and Covenants Pertaining to
Water Service and the Assessment of Costs of Improvements.
COUNCIL ACTION:
Attachments
2
VICINITY MAP
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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)
RIVER RIDGE SUBDIVISION
COVENANT FOR ASSESSMENT OF
COSTS OF IMPROVEMENTS
THIS COVENANT AND AGREEMENT is made effective the day of ,2003,by
and between ROLAND STRUSS and WILMA STRUSS,title holders,and SCOTT T.BLUME,contract
buyer(contract buyer and titleholders are hereinafter called"Developers"),their successors and assigns,and
THE CITY OF AMES,IOWA, (hereinafter called"City").
WITNESSETH THAT :
The parties hereto have agreed and do agree as follows:
1. This agreement is made for the purpose of meeting the subdivision regulations and plat
approval requirements of the City for approval of the plat of River Ridge Subdivision.
2. In anticipation of the possibility that the City may at some time deem it to be in the public
interest to cause construction of street.paving,curbs and guttering,storm sewers,water mains,sanitary sewer
mains,bicycle paths, and sidewalks by means of city awarded contracts to be paid by special assessments
to be levied against real estate described on Exhibit"A",attached hereto,("the Real Estate"),Developer does
hereby covenant and agree that by execution of this instrument Developer, its successors and assigns,
including purchasers of the Real Estate, and each of them, shall pay and are bound to pay to the City,the
costs of the aforesaid improvements assessed to the Real Estate,by action of the governing body for the City,
after notice of hearing as provided by Section 384.50 Code of Iowa,the provisions of Section 384.38 Code
of Iowa notwithstanding.
3. Without affecting the forgoing waivers ofrights,it is understood and agreed that if and when
the governing body of the City conducts a hearing on a proposed resolution of necessity to assess public
improvement costs to the Real Estate,the owners of the Real Estate may then appear before the governing
body of the City and be heard.
4. Additionally,Developer,in consideration of the benefits derived from approval of the said
plat of survey of the Real Estate,receipt of which is hereby acknowledged,does covenant with the City that
it will never,at any future time,sue the City,or any officer or employee of the City,to test the regularity of
the proceedings or legality of the assessment procedure,to appeal the amount of the assessment,to enjoin,
set aside, overturn,or reduce the amount of such assessments levied against the Real Estate by the City.
The foregoing provisions encumber the real estate described on Exhibit"A",attached hereto,("the
Real Estate").
1
5. This covenant and agreement shall be filed for record in the office of the Story County
Recorder and all covenants, agreements,promises and representations herein stated shall be deemed to be
covenants running with the Real Estate and shall endure and be binding on the parties hereto, their
mortgagees,lienholders, successors and assigns,for a period of twenty-one(21)years from the date of the
recording of these covenants,unless claims to continue any interest in the covenants are filed as provided
by law. The City shall have the right to file a claim to continue its interest in these covenants.
6. Invalidation of any of these covenants by j udgment or court order shall in no way affect any
of the other provisions,which shall remain in full force and effect.
Executed by the respective signatories effective the date first above written.
DEVELOPERS CITY OF ANTES,IOWA
By: By:
Roland Struss Ted Tedesco,Mayor
By: CiY�lry+tci .�N�-tom as,, By:
Wilma Struss Diane R.Voss,City Clerk.
By: 1
Scott T.Blum
s STATE OF IOWA,STORY COUNTY ss: STATE OF IO
WA,COUNTY OF STORY,ss:
333 On this► day o .6%% 2003,before me, On this day of , 2003,
Za Notary Public in and for the State of Iowa, personally before me, a Notary Public in and for the State of
appeared Roland Struss and Wilma Struss,to me known to Iowa,personally appeared Ted Tedesco and Diane R.
be the persons named in and who executed the foregoing Voss,to me personally known,and,who,being by me
instrument,and acknowledged that they executed the same duly sworn, did say that they are the Mayor and City
as their volu act and deed. 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
Notary Public in and for the State of I a instrument was signed and sealed on behalf of the
corporation, by authority of its City Council, as
contained in Resolution No. adopted by the
STATE OF IOWA,STORY COUNTY ss: City Council on the day of
On this Ytday of;,ZCLm4 2003,before and that Ted Tedesco and Diane R. Voss
me, a Notary Public in and for the State of Iowa, acknowledged the execution of the instrument to be
personally appeared Scott T. Blum, to me known to their voluntary act and deed and the voluntary act and
of be the person named in and who executed the deed of the corporation,by it voluntarily executed.
foregoing instrument,, and acknowledged that he
execute same as his voluntary act and deed.
Notary Public in and for the State of Iowa
E
tg Notary Public in and for VState of Iowa
N River Ridge Subdivision-Struss and Blum Covenant for Assessment of Costs-060603
APPROVED AS TO FORM
2 BY
John R.Maus
City Attorney
05/22/2003 13:15 FAX 5152334403 STUMBO [a002
2 �
SURVEY DESCRIPTION:
Parcel J and part of Lots 1, 3. 4, and 5 of the Subdivision of the North
one-half of the Southwest Quarter all in Section 23, Township 84 North,
Range 24 West- of the 5th P.M., Story County. Iowa more particularly
described as follows: Beginning at the -Northeast Corner of said Parcel J
said point also being the Northeast Corner of the Southeast Quarter of the
Southwest Quarter of said Section 24: thence N0000'20"E. 651.09 feet
to the Northwest Corner of Lot 3 of the Auditor's Plat of Skyerest- Fourth
Subdivision. Story County, Iowa; thence N00 "17' 15"E. 40S.91 feet along
the west line of Lot 2 of Skycrest Fourth Subdivision; thence S88'26'38"W,
198.00 feet; thence N00 '17' 15"E, 131. 13 feet; thence S55'09'25'w, i393.0i
feet to the Southeast Corner of the North 4 Acres of Lot '9 of the Subdivision
of the Northwest Quarter of the Southwest Quarter and the East one-half of
the Southwest Quarter of the Southwest Quarter of said Section 24: thence
S00 '01'22""W, 226.06 feet along the east line of said Lot 9; thence
S78 '37' 16"E. 375.62 feet; thence S20 '28'57"W. 102.53 feet to the Northwest
Corner 'of Parcel H in the Southeast Quarter of the Southwest Quarter of said
Section 24: thence N89 '24'34"E, 434.83 feet to the Northwest Corner of said
Parcel J; thence S00 '01 '02-W, 551.20 feet to the Southwest Corner of said
Parcel J said point being on the centerline of West Riverside Road and the
beginning of a curve; thence easterly. 195.46 feet along said curve having a
radius of 2083.48 feet, concave to the north, and a central angle of 5'22'30"and being subtended by a chord which bears S78 '08'00"E. 195.39 feet; thence
S80 '49' 15"E tangent to said curve. 379.79 feet to the Southeast Corner of said
Parcel J; thence N00015' 19"E, 657.83 feet to the point of beginning, containing
32.38 acres which includes 0.79 acres of existing public right of way.
05/22/03 THU 13:18 [T%/Rg NO 55971
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:City of Ames,Iowa,515 Clark Avenue,Ames,Iowa 50010
RIVER RIDGE SUBDIVISION
COVENANT PERTAINING TO
WATER SERVICE
THIS AGREEMENT,made and entered into effective the day of
2003,between the City of Ames,Iowa(the City),Roland Struss and Wilma Struss,title holders,and
Scott T.Blum,contract buyer,(title holders and contract buyer are hereinafter called"Developers'),
their heirs, successors and assigns,
WITNESSES : .
WHEREAS, the aforesaid Developers have applied to the City for approval of a plat of
subdivision of land hereinafter described, to be called River Ridge Subdivision; and,
WHEREAS,said land is within two miles of the City,subject to the jurisdiction of the City
for subdivision plat approval and for authorization of rural water service; and,
WHEREAS,Developers desire to receive rural water service for the land being subdivided
and herein described;
NOW, THEREFORE, the parties hereto agree that:
1. Forpurposes ofmaking provisions for future citywater services to the area described
on Exhibit A hereto,(the Real Estate),the Developers,their heirs,successors and assigns,including
by way of specification but not limitation, the future owners of the Real Estate, shall be and are
hereby fully bound,jointly and severally,to pay to the City the sum of any and all amounts that the
City is required to pay the rural water service provider, as compensation that the City is ordered to
pay the rural water service provider for losses resulting from annexation of all or any part of the Real
Estate by the City and such amounts as the City may be required or reasonably agree to pay the rural
water service provider as a settlement for resolution of any claims, disputes, objections,protests or
litigation related to or arising out of the City providing water service to all or any part of the Real
Estate following annexation of the Real.Estate to the City.
2. This covenant and agreement shall be filed for record in the office of the Story County
Recorder and all covenants,agreements,promises and representations hereinstated shall be deemed
to be covenants running with Real Estate and shall endure and be binding on the parties hereto,their
mortgagees,lienholders,successors and assigns,for a period of twenty-one(21)years from the date
of the recording of these covenants,unless claims to continue any interest in the covenants are filed
as provided by law. The City shall have the right to file a claim to continue its interest in these
covenants.
3. Invalidation of any of these covenants by judgment or court order shall in no way
affect any of the other provisions,which shall remain in full force and effect.
Executed by the respective signatories effective the date first above written.
DEVELOPERS STATE OF IOWA,STORY COUNTY ss:
On this- Pk day of���%%,t 2003,
before me, a Notary Public in and for the State of
Iowa, personally appeared Roland Struss and Wilma
By: Struss, to me known to be the persons named in and
Roland Struss Dat who executed the foregoing instrument, and
acknowledge t t they executed the same as their
voluntary a eed.
/'0—T �,&' 21-1�
Wilma Struss Date otary Public in and for the State of ylva
JOHN MURAAY
Commission Number 716MI
My Commission Fires
°M September 19,2W5
Page 2 of 3
0f
By: / ' CITY OF AMES,IOWA
Scott T. Blum
By:
STATE OF IOWA, STORY COUNTY ss: Ted Tedesco, Mayor Date
On this day of�aVof, ,2003,
before me, a Notary Public in and for the State of
Iowa, personally appeared Scott T. Blum to be the
persons named in and who executed the foregoing By:
instrum t, and acknowledged that they executed the Diane R. Voss, City Clerk Date
same e' voluntary ac and deed.
Aj STATE OF IOWA,STORY COUNTY ss:
Notary Public in an for the State Iowa On this day of ,2003,
before me, a Notary Public in and for the State of
Iowa,personally appeared Ted Tedesco and Diane R.
JOHM MURRAY Voss,to me personally known,and,who,being by me
COrtmlb= Number 718W duly sworn, did say that they are the Mayor and City
MyCommisslon EVW Clerk, respectively, of the City of Ames, Iowa; that
September 19,200
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. adopted
by the City Council on the day of
. 2003, and that Ted Tedesco and Diane R.
Voss 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 Public in and for the State of Iowa
River Ridge Subdivision-Covenant Pertaining to Water Service-060503
APPROVED D AS T
O FORM
BY y�1
John R.Klaus
Page 3 of 3 City Attorney
05/22/2003 13:15 FAX 5152334403 S�BO
R 16 002
31
IR
SURVEY DESCRIPTION:
Parcel J and part of Lots 1, 3, 4, and 5 of the Subdivision of the North
one—half of the Southwest Quarter all in Section 23, Township 84 North,
Flange 24 West of the 5th P.M_, Story County, Iowa more particularly
described as follows: Beginning at the Northeast Corner of said Parcel J
said point also being the Northeast Corner of the Southeast Quarter of the
Southwest Quarter of said Section 24: thence N00 "U'20"E. 651.09 feet
to the Northwest Corner of Lot 3 of the Auditor's Plat Of SkyCreSt Fourth
Subdivision. Story County, Iowa: thence N00 '17'15"E, 406.91 feet along
the west line of Lot 2 of Skycrest Fourth Subdivision; thence S88'26'38"W,
198.00 feet; thence N00 '17' 15"E, 131. 13 feet; thence S55 '09'25"w, 1393.01
feet to the Southeast Corner bf the North 4 Acres of Lot '9 of the Subdivision
of the Northwest Quarter of the Southwest Quarter and the East one—half of
the Southwest Quarter of the Southwest Quarter of said Section 24. thence
S00 '01'22"W, 228.06 feet along the east line of said Lot 9; thence
S78 '37' 16"E. 375.62 feet; thence S20 '28'57"W. 102.53 feet to the Northwest
Carner 'of Parcel H in the Southeast Quarter of the Southwest Quarter of said
Section 24; thence N89424'34"E, 434.83 feet to the Northwest Corner of said
Parcel J: thence S00 '01'02"W, 551.20 feet to the Southwest Corner of said
Parcel J said point being on the centerline of West Riverside Road and the
beginning of a curve; thence easterly. 195.46 feet along said curve having a
radius of 2083.48 feet, concave to the north, and a central angle of 5 '22'30"
and being subtended by a chard which bears S78 '08'00"E. 195.39 feet: thence
S80 '49' 15"E tangent to said curve. 379.79 feet to the Southeast Corner of said
Parcel J; thence N00 '15' 19"E, 657.83 feet to the point of beginning, containing
32.38 acres which includes 0.79 acres of existing public right of way.
05/22/03 THU 13:1s [Tg/R% NO 55971
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FINAL PLAT
STUMBO 41�j�A/5500IATES RIVER RIDGE SUBDIVISION
LAND 5MVE I INCS, INC. PARCEL 'J' AND A PART OF THE NEf/ S 4, W!/4,
SEC. 23-64-24, STORY CO 510 S'"th S UNTY, IOWA
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5' UMB0 4 A550CIATES RIVER RIDGE SUBDIVISION
LAND SURVEYING, INC. PARCEL 'J' AND A PART OF THE NE1/4. SWIM,
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CAFAPPROVAL
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JK JP
To be sent to:
Scott T. Blum
2218 Windfield Drive
Ames, Iowa 50010