HomeMy WebLinkAboutA036 - Agreement Pertaining to Subdivision Platting and Development of Land r ,
DO NOT WRITE IN THE SPACE ABOVE THIS LINE,RESERVED FOR RECORDER
Prepared by:Douglas R.Marek,City of Ames Legal Department,515 Clark Avenue,Ames,Iowa 50010(Phone: 515-239-5146)
Return to Ames City Clerk,Box 811,Ames,IA 50010
AN AGREEMENT PERTAINING TO THE
SUBDIVISION PLATTING AND DEVELOPMENT
OF LAND IN THE CITY OF AMES CALLED
STREETS OF NORTH GRAND SUBDIVISION
THIS AGREEMENT,made and entered into this IPA` day of 2007,
by and between the CITY OF AMES, IOWA(hereinafter called"City"),and No Rh Grand Mall
Partners,LLC,a Delaware corporation,(hereinafter called"Owner"),their successors and assigns,
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,Owner has applied to the City for platting of subdivisions of the Site(which
creates Lot 1,Lot 2,Lot 3,Outlot A,and Lot A of the Streets of North Grand to become an Official
Plat located in the City);and,
WHEREAS,an agreement between the Owner and the City with respect to improvements
is required by the City as a condition to approval of subdivision plats pursuant to Section 354.8 of
the Code of Iowa,and Section 23.304 of the Ames Municipal Code.
NOW,THEREFORE,the parties hereto have agreed and do agree as follows:
I
PURPOSE
A. It is the purpose of this Agreement to:
Page 1 of 4
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 Owner does not complete the
parking lot re-configuration on Lot 2 to comply with the minimum off-street parking standards in
the Ames Municipal Code in a manner consistent with an approved site plan and with the parking
lots on Lots 1 and 3,or does not renovate buildings to comply with fire rating requirements of the
Ames Building Code.
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 Owner. This Agreement does not prevent
the City from amending,modifying,or releasing the Owner from some or all of the provisions of this
Agreement. No person shall have any cause of action or recourse against the City or Owner by
reason of any such amendment,modification,or release.
II
IMPROVEMENTS
A. Parking Lot Improvements.
The Owner shall, with respect to parking lot on Lot 2 of the Site, reconfigure to
comply with the minimum off-street parking standards in the Ames Municipal Code in a manner
consistent with an approved site plan and with the parking lots on Lots 1 and 3 not later than one
year from the recording date of the final plat. If,due to circumstances beyond the control of the
Owner such reconfiguration cannot be completed in a timely fashion,the Owner may request and
the City may grant extension of the one year time period.
B. Occupancy Permits for New Structures on the Site.
Until the parking lot on Lot 2 is reconfigured to comply with the minimum off-street
parking standards in the Ames Municipal Code and consistent with an approved site plan,the Owner
shall not apply for any occupancy permits except for 1)permits for structures on Lot 3 of the Site,
and 2)permits that are attributable to internal renovations and tenant changes in existing structures
on Lots 1 or 2 of the Site that do not require increased parking under the provisions of the Ames
Municipal Code,as long as parking spaces as currently configured and available on Lots 1 and 2
remain available for customer use in sufficient number and type to meet the minimum parking
requirements of the Ames Municipal Code for Lots 1 and 2 combined.
C. Limitations on Openings of Exterior Walls Located Adjacent to Property Lines.
All structures are subject to the fire resistance rating requirements. For existing
structures on the Site,any noncompliance resulting from platting must be eliminated within one year
from the recording date of the final plat. Owner shall construct or renovate buildings with openings
with fire separation distances of more than three feet or otherwise comply with rating requirements
Page 2 of 4 #�
1�
of the City Building Code.
III
CITY'S REMEDIES
A. In that the Owner seeks to persuade and induce the City to approve an official plat
of the Site by presenting a plan for the development and improvement of the Site in its entirety,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 demolition,excavation,construction,reconstruction,or remodeling on the
Site unless said work is undertaken in accordance with the provisions of this Agreement.
C. The City shall not approve any final plat of any phase of development on the Site
unless said plat is in accordance with and meets the provisions and conditions of this Agreement.
D. The parties agree that all work done by or on behalf of the Owner with respect to the
Site,sidewalks,building design and construction,and utilities, if any,shall be made in compliance
with the Approved Site Development Plan,the Iowa Code,the Ames Municipal Code,SUDAS,and
other federal, state, and Iowa laws and policies of general application, whether or not such
requirements are specifically stated in this Agreement, or as may hereafter be enacted. All
ordinances,regulations,and policies of the City now existing,or as may hereafter be enacted,shall
apply to activity on the Site.
IV
SECURITY
The Owner shall install all improvements required for approval of any or each plat of
subdivision of the Site prior to approval of such final plat;or,execute an improvement agreement
to guarantee the completion of all such required improvements,and provide to the City as security
for the completion of that work,an"improvement guaranty"as stated in Section 23.409 of the Ames
Municipal Code. In addition to the improvement guarantee for on site public utilities improvements,
the Owner shall file a bond,certified check,or letter of credit with the City Clerk in an amount not
less than the certified estimate of the Director of Public Works for the cost of reconfiguring,
constructing,or completing in an acceptable manner the parking lot improvements on Lot 2 and
other improvements or conditions,including those necessary to meet applicable fire resistance rating
requirements,required by this Agreement that have not been installed and accepted by the City prior
to final plat approval. In the event Owners fail to renovate buildings to comply with fire resistance
rating requirements and/or configure the parking spaces in Lot 2 to comply with minimum off-street
parking standards in the Ames Municipal Code and consistent with an approved site plan and with
the parking lots on Lots 1 and 3 not later than one year from the recording of the final plat,the City
reserves the right to construct or complete said improvements and other conditions and to cover the
costs thereof with the surety bond,certified check,or letter of credit,as the case maybe. In the event
that the City exercises such right,Owners hereby grant a temporary access and construction easement
to the City as necessary for constructing or completing said improvements and other conditions.
Page 3 of 4 pt, /11
V
COVENANT WITH THE LAND
This Agreement shall run with the Site and shall be binding upon the Owner,its successors
and assigns until such time as the Owner has completed in an acceptable manner the parking lot
improvements on Lot 2 of the Site and complied with the fire resistance rating requirements of the
Ames Municipal Code,at which time this Agreement and all associated Security shall terminate.
IN WITNESS WHEREOF,the parties hereto have caused this instrument to be executed
effective as of the date first above written.
CITY OF AMES,IO WA STATE ,10 A,STORY C9UNTY as:
On this day of .� 2007,before me,a Notary
Public in and for the State opersonally appeared Am H.
f ampbelI and Diane R.Voss,to me personally known,and,who,
- _ being by me duly swom,did say that they are the Mayor and City
By: {/�" 6/ � Clerk,respectively,of the City of Ames,Iowa;that the seal affixed
Ann H.Campbell,Mayor 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
Attest by: Resglution No. - adopted by the City Council on the
J�-day of ,20Z,and that Am H.
y r� Campbell and Diane Voss acknowledged the execution ry the
.nYA�O^!lt v instrument to be their voluntary act and deed and the voluntary act
Diane R.Voss,City ler
and deed of the corporation,by it voluntarily executed.
Ck
.gLL1.R
�011�1�011
Notary Public in and foldre StaQoflowa
owe MY 3 �
IL- ovoK
Owner STATE OFJOVhA,*TeR-Y COUNTY ss:
North Grand Mall Partners,LLC On this ty ►- day n 2007,before me,a
otary Public in and for the State of I wa,personally appeared
N
VIVAt41 ,to me personally known,who being by
o me duly sworn �or affirmed did say that that person is 1T
��� of said limited liability company and that said instrument was
By. signed on behalf of the said limited liability company by authority
of its managers and the said I c acknowledged the
execution of said instrument to a the voluntary act and deed of
said limited liability company by it voluntarily executed.
i
OFFICIAL SM
NOTARY pime--STATFOFF N.lRM con
W COMMISSION EXPIRES9 IGN Notary Pu icinaE4,fortheStateofle
ttom.
Streets of North Grand-Subdivision Developers Agreement.070607.wpd
Page 4 of 4
07/18/07 WED 11:17 FAX 5152395142 CITY OF AMES U 002
Appendix A
LEGAL DESCRIPTION
PARCEL 1:
COMMENCING AT THE SOUTHEAST(SE)CORNER OF THE NORTHEAST
QUARTER(NE 1/4)OF THE NORTHEAST QUARTER(NE 1/4)OF SECTION
THIRTY-FOUR(34),TOWNSHIP EIGHTY-FOUR(84)NORTH,RANGE TWENTY-
FOUR(24)WEST OF THE 5TH P.M.,STORY COUNTY,IOWA;THENCE SOUTH
89 DEGREES 39 MINUTES 30 SECONDS WEST,60.0 FEET;THENCE NORTH 0
DEGREES 28 MEIRMS 30 SECONDS EAST,PARALLEL TO THE EAST LINE OF
SAID SECTION 34,A DISTANCE OF 35.0 FEET TO THE POINT OF BEGINNING;
THENCE CONTINUING NORTH 0 DEGREES 28 MINUTES 30 SECONDS EAST,
498.5 FEET;THENCE NORTH 89 DEGREES 31 MINUTES 42 SECONDS WEST,
584.4 FEET;THENCE SOUTH 0 DEGREES 28 MINUTES 30 SECONDS WEST,
341.78 FEET;THENCE NORTH 89 DEGREES 39 MINUTES 30 SECONDS EAST,
214.77 FEET;THENCE SOUTH 0 DEGREES 24 MINUTES 30 SECONDS WEST,
165.0 FEET;THENCE NORTH 89 DEGREES 39 MINUTES 30 SECONDS EAST,
369.5 FEET TO THE POINT OF BEGINNING,EXCEPT THE EAST 140 FEET OF
THE SOUTH 160 FEET THEREOF;
AND
PARCEL 2:
COMMENCING AT THE SOUTHEAST(SE)CORNER OF THE NORTHEAST
QUARTER(NE 1/4)OF THE NORTHEAST QUARTER(NE 1/4)OF SECTION
THIRTY-FOUR(34),TOWNSHIP EIGHTY-FOUR(84)NORTH,RANGE TWENTY-
FOUR(24)WEST OF THE 5TH P.M.,IN THE CITY OF AMES,STORY COUNTY,
IOWA;THENCE NORTH 00 DEGREES 28 MINUTES 30 SECONDS EAST,706.45
FEET ALONG THE EAST LINE OF THE NE 1/4 NE 1/4 OF SAID SECTION 34;
THENCE NORTH 89 DEGREES 39 MINUTES 30 SECONDS WEST, 100.0 FEET TO
THE POINT OF BEGINNING;THENCE CONTINUING NORTH 89 DEGREES 39
MINUTES 30 SECONDS WEST,80.00 FEET;THENCE NORTH 00 DEGREES 28
MINUTES 30 SECONDS EAST, 100.00 FEET;THENCE SOUTH 89 DEGREES 39
MINUTES 30 SECONDS EAST,80.00 FEET;THENCE SOUTH 00 DEGREES 28
MINUTES 30 SECONDS WEST, 100.00 FEET TO THE POINT OF BEGINNING.
DESCRIPTION IS FROM TITLE OPINION PROVIDED BY OWNERS
(FILE#100515879)
TRACT I.-
COMMENCING AT THE SOUTHEAST CORNER OF THE NORTHEAST 114 OF THE
NORTHEAST 114 OF SECTION 34, TOWNSHIP 84 NORTH,RANGE 24 WEST OF
THE FIFTH PRINCIPAL MERIDIAN, STORY COUNTY,IOWA;THENCE SOUTH 89
DEGREES 39 MINUTES 30 SECONDS WEST, 60 FEET; THENCE NORTH 0
DEGREES 28 MINUTES 30 SECONDS EAST,PARALLEL TO THE EAST LINE OF
SAID SECTION 34,A DISTANCE OF 533.50 FEET TO THE POINT OF BEGINNING;
THENCE CONTINUING NORTH 0 DEGREES 28 MINUTES 30 SECONDS EAST,
P�.
i
07/18/07 WED 11:17 FAX 5152395142 CITY OF AMES IA003
793.99 FEET TO THE NORTH LINE OF SAID SECTION 34; THENCE SOUTH 89
DEGREES 43 MINUTES 15 SECONDS WEST, 10.00 FEET; THENCE NORTH 0
DEGREES 07 MINUTES 24 SECONDS EAST,631.75 FEET TO THE SOUTH LINE OF
30TH STREET,• THENCE SO UTH 89 DEGREES 46 MINUTES 10 SECONDS WEST,
ALONG THE SOUTH LINE OF 30TH STREET A DISTANCE OF 1025.45 FEET TO
THE NORTHWEST CORNER OF LOT 11,NORTH PARK SUBDIVISION OF AMES,
IOWA;THENCE SOUTH 0 DEGREES 32 MINUTES 20 SECONDS WEST 632.22 FEET
TO THE NORTH LINE OF SECTION 34; THENCE NORTH 89 DEGREES 43
MINUTES 15 SECONDS EAST,ALONG SAID NORTH LINE A DISTANCE OF 276.70
FEET TO THE POINT OF INTERSECTION WITH THE CENTERLINE OF FERNDALE
AVENUE,EXTENDED NORTH, THENCE SOUTH 0 DEGREES 32 MINUTES 20
SECONDS WEST, 784.00 FEET• THENCE SOUTH 89 DEGREES 31 MINUTES 42
SECONDS EAST, 764.15 FEET TO THE POINT OF BEGINNING,EXCEPTING
THEREFROM THE FOLLOWING DESCRIBED PARCELS:
I. COMMENCING AT THE SOUTHEAST CORNER OF THE NORTHEAST 114 OF
THE NORTHEAST 114 OF SAID SECTION 34; THENCE NORTH 0 DEGREES 28
MINUTES 30 SECONDS EAST,ALONG THE EAST LINE OF THE NORTHEAST 114
OF THE NORTHEAST 114, 706.45 FEET,•THENCE NORTH 89 DEGREES 39
MINUTES 30 SECONDS WEST,100.00 FEET TO THE POINT OF BEGINNING;
THENCE NORTH 89 DEGREES 39 MINUTES 30 SECONDS WEST, 80.00 FEET,•
THENCE NORTH 0 DEGREES 28 MINUTES 30 SECONDS EAST, 100.00 FEET,•
THENCESOUTH 89 DEGREES 39 MINUTES 30 SECONDS EAST,80.00 FEET,-
THENCE SOUTH 0 DEGREES 28 MINUTES 30 SECONDS WEST, 100.00 FEET TO
THE POINT OF BEGINNING.
2.ALL THAT PORTION OF FERNDALE AVENUE INCLUDED THEREBV-
TRACT IL•
COMMENCING AT THE SOUTHEAST CORNER OF THE NORTHEAST 114 OF THE
NORTHEAST 114 OF SECTION 34, TOWNSHIP 84 NORTH,RANGE 24 WEST OF
THE FIFTH PRINCIPAL MERIDIAN;THENCE NORTH 0 DEGREES 28 MINUTES 30
SECONDS EAST,ALONG THE EAST LINE OF SAID SECTION 34,35.00 FEET;
THENCE SOUTH 89 DEGREES 39 MINUTES 30 SECONDS WEST,PARALLEL TO
THE SOUTH LINE OF SAID NORTHEAST 114 OF THE NORTHEAST 114 429.50
FEET' THENCE NORTH 0 DEGREES 24 MINUTES 30 SECONDS EAST, 165.00
FEET;THENCE SOUTH 89 DEGREES 39 MINUTES 30 SECOND WEST,214.77
FEET, THENCE NORTH 0 DEGREES 28 MINUTES 30 SECONDS EAST, 6.00 FEET
TO THE POINT OF BEGINNING;THENCE SOUTH 89 DEGREES 39 MINUTES 30
SECONDS WEST, 150.40 FEET; THENCE NORTH 00 DEGREES 32 MINUTES 20
SECONDS EAST,ALONG THE EAST LINE OF FERNDALE AVENUE, 33790 FEET;
THENCE SOUTH 89 DEGREES 31 MINUTES 42 SECONDS EAST, 149.75 FEET,•
THENCE SOUTH 0 DEGREES 28 MINUTES 30 SECONDS WEST, 335.78 FEET TO
THE POINT OF BEGINNING, SITUATED IN STORY COUNTY,IOWA.
/1-- 60
07/18/07 WED 11:18 FAX 5152395142 CITY OF AXES 191 004
EASEMENTS FOR THE BENEFIT OF PARCEL 1 CREATED BY GRANT OF
EASEMENTS WITH COVENANTS AND RESTRICTIONS FILED ON OCTOBER 11,
1968,IN BOOK 108,PAGE 504,AS AMENDED BY INSTRUMENTS FILED AUGUST
24, 1970,IN BOOK 113,PAGE 295;JUNE 3, 1971,IN BOOK 115,PAGE 357;AND
SEPTEMBER 8, 1971, IN BOOK 116,PAGE 295 AND 299.
DESCRIPTION IS FROM TITLE OPINION PROVIDED BY OWNERS
(FILE#100414465)
07/18/07 WED 11:18 FAX. 5152395142 CITY OF AMES 005
METES AND BOUNDS DESCRIPTION FOR STORY COUNTY AUDITOR•
COMMENCING THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF
THE NORTHEAST QUARTER(NE'/4-NE 1/a)OF SECTION 34,TOWNSHIP 84
NORTH,RANGE 24 WEST OF THE 5Tx P.M.;THENCE S 88035'20"W,60.00 FEET;
THENCE N 00°36'51"W,35.00;THENCE S 88°35'18"W, 140.14 FEET TO THE
POINT OF BEGINNING;THENCE S 88°39'05"W,229.43 FEET ALONG THE
NORTH LINE OF 247H STREET;THENCE N 00032'21"W, 165.12 FEET ALONG
THE EAST LINE OF LOT 1,NORTH GRAND SUBDIVISION,THENCE S 88°42'13"
W,215.11 FEET;THENCE N 00034'43"W,6.00 FEET;THENCE S 88042'13"W,
150.16 FEET TO THE EAST LINE OF FERNDALE AVENUE;THENCE N 00°30'38"
W,337.76'ALONG THE EAST LINE OF FERNDALE AVENUE;THENCE N
00031'08"W,784.50 FEET ALONG THE EAST LINE OF FERNDALE AVENUE;
THENCE S 88042'24" W,33.96 FEET TO A NONTANGENT,290.44 FOOT RADIUS
CURVE ALONG THE EAST LINE OF FERNDALE AVENUE,CONCAVE
SOUTHWESTERLY;THENCE 120.33 FEET ALONG SAID CURVE,LONG CHORD
BEARS N 40°22'08"W, 119.47 FEET;THENCE N 52°16'36"W,98.90 FEET ALONG
THE EAST LINE OF FERNDALE AVENUE TO A 230.44 FOOT RADIUS CURVE,
CONCAVE NORTHEASTERLY;THENCE 208.13 FEET ALONG SAID CURVE
ALONG THE EAST LINE OF FERNDALE AVENUE,LONG CHORD BEARS N
26-23'38"W,201.13 FEET THENCE N 00°30'54"W,294.79 FEET TO THE SOUTH
LINE OF 30'STREET,THENCE N 88044'45"E,994.50 FEET ALONG THE SOUTH
LINE OF 30T"STREET TO THE WEST LINE OF GRAND AVENUE;THENCE S
00-53'33"E,631.69 FEET ALONG THE WEST LINE OF GRAND AVENUE;
THENCE N 88043'53"E, 10.00 FEET ALONG THE WEST LINE OF GRAND
AVENUE;THENCE S 00°36'51"E, 1132.37 FEET ALONG THE WEST LINE OF
GRAND AVENUE;THENCE S 88°35'16"W, 140.31 FEET;THENCE S 00'41'25"E,
160.00 FEET TO THE POINT OF BEGINNING;
AND
BEGINNING AT THE SOUTHWEST CORNER OF LOT 11,NORTH PARK
SUBDIVISION,CITY OF AMES,STORY COUNTY,IOWA;THENCE N 00°29'46"
W,209.13 FEET TO A NONTANGENT,290.44 FOOT RADIUS CURVE,CONCAVE
NORTHEASTERLY;THENCE 129.18 FEET ALONG SAID CURVE ALONG THE
WEST LINE OF FERNDALE AVENUE,THE LONG CHORD BEARS S 39°30'33"E,
128.12 FEET;THENCE S 52'16'36"E,99.00 FEET ALONG THE WEST LINE OF
FERNDALE AVENUE TO A 230.44 FOOT RADIUS CURVE,CONCAVE
SOUTHWESTERLY;THENCE 63.33 FEET ALONG SAID CURVE,ALONG THE
WEST LINE OF FERNDALE AVENUE,LONG CHORD BEARS S 44021'17"E,63.13
FEET;THENCE S 88°42'24"W,202.19 TO THE POINT OF BEGINNING.