HomeMy WebLinkAboutA025 - 2021 Addendum to Pre-Annexation Agreement for Hayden's Preserve (Formerly Rose Prairie) Instrument 11: 2021-07829
06/21/2021 09.11.65 AM Total Pages B
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Recording rse' Recorder, Story County Iowa
Staeis Herrldge,
■III WrA PRIA71 WW"M10*11i 11111
DO NOT WRITE IN THE SPACE ABOVE THIS LINE;RESERVED FOR RECORDER
Prepared by City of Ames Legal Department,515 Clark Ave.Ames.1A 50010(515.239.5146)
Return To City Clerk.City of Ames,Iowa.515 Clark Ave.Ames,IA 500101515-239-51051
2021 ADDENDUM TO PRE-ANNEXATION
AGREEMENT PERTAINING TO THE VOLUNTARY
ANNEXATION, REZONING AND SUBDIVISION
PLATTING AND DEVELOPMENT OF LAND TO BE
IN THE
CITY OF AMES KNOWN AS HAYDEN'S PRESERVE
(FORMERLY ROSE PRAIRIE)
THIS ADDENDUM TO THE PRE-ANNEXATION AGREEMENT is made and
entered into this &9'4' day of , 2021, by and between the CITY OF AMES,
IOWA(hereinafter called the"City")and ROSE PRAIRIE,L.L.C. (hereinafter called the
"Developer") (the City and the Developer collectively being referred to herein as the
"Parties")
WITNESSETH THAT:
WHEREAS, on the 16`h day of July 2010, the City and Story County Land, L.C.,
entered Into a Pre-Annexation Agreement for land which was then referred to as the
"Rose Prairie Subdivision", which provided for the annexation,rezoning,and conceptual
residential development plan of that land,and
WHEREAS, the Pre-Annexation Agreement (recorded as instrument number 2010-
00007271 on August 3, 2010, In the office of the Story County Recorder) provided for,
among other things, a master plan for development, a rezoning to FS-RI_ a payback
mechanism for water and sanitary sewer service, a requirement for a shared use path
along the west side of the development adjacent to the Union Pacific railroad tracks, and
a requirement that binding covenants be in place to require any residential structure to
have a fire sprinkler system;and
WHEREAS, Developer is a successor to the original owners and developers,and Is the
present owner of Rose Prairie Subdivision;and
WHEREAS, Developer proposed a rezoning and master plan with an addendum to the
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pre-annexation agreement that was approved by the Ames City Council on November 16,
2016(recorded as instrument number 2016-00012020 on December 1,2016,in the office
of the Story County Recorder)
WHEREAS, the Developer now seeks to further modify the pre-annexation agreement to
address changes to the Master Plan regarding housing distribution, open space, trail
improvements, and an east west road connection along with related changes to future
phasing of improvements and platting.
WHEREAS,the City of Ames recognizes a benefit to the City with development of the site
as a Conservation Subdivision and other improvements along with the provision of a new
east west city greenway through the site.
WHEREAS,the Parties are interested to continuation of the project, and modification of
its terms would further the realization of the mutual benefits that the Parties sought to
achieve.
NOW,THEREFORE,the Parties agree to modification of the specific terms of the Pre-
Annexation Agreement (hereinafter referred to as "Original Agreement") a n d t h e
2016 Addendum as set forth below.
II.AMENDMENTS TO ORIGINAL AGREEMENT
A. AMENDMENTS RELATED TO ALLOWABLE ZONING AND MASTER
PLAN.
I. The 2016 Addendum includes a new conceptual plan for the development of the
Rose Prairie Subdivision labeled as Attachment 1.
2. Attachment I from 20I6 is now replaced by a new conceptual plan for
development labeled as Attachment"AA"that is a Master Plan for the site that
defines the distribution and ranges of housing types,conceptual layout of trails,
road access points to the site,and open spaces.
B. AMENDMENTS RELATED TO IMPROVEMENTS.
1. Section V(A)(2)(a) (i)of the Original Agreement referenced Attachment D,
which was replaced in 2016 with Attachment 1.Attachment I is now replaced by
Attachment"AA"
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2. Section V(B)(6)(a)of the Original Agreement is hereby amended to change the
timing of full payment of the Water District Connection fee provided therein.
The Parties agree instead that upon approval of the first Final Plat after June
30,2031,the total water connection fee attributable to the Site shall be paid in full
3. Section V(C)(5)(a)of the Original Agreement is hereby amended to change the
timing of full payment of the Sanitary Sewer Connection fee provided therein.
The Parties agree instead that upon approval of the first Final Plat after June
30,2031, the total sanitary sewer connection fee attributable to the Site shall be
paid in full.
4. The 2016 Addendum includes a requirement in Section 11 (C) (1) (e) for the
construction of a 10-foot shared use path along Hyde Avenue from 190'h Street to
the south boundary of the adjacent Lot X of the Rose Prairie Final Plat, totaling
approximately 3,900 linear feet. The timing of the installation of the path was to
occur within two years of the first final plat. The Shared Use Path requirement is
in addition to any required shared use paths and/or trails within the development
or other improvements required through the platting process.
The timing requirement is modified as follows:
"The first of leg the path will extend from W 190'" Street south for a distance of
approximately 2,600 feet to a point agreed upon by the City and the Developer
across from the Ada Hayden Park parking lot.The first leg is to be installed within
two years of the first final plat for developable lots.
The second leg of the path will extend from the end of the first leg south to Lot X
and connect to the shared use path at Auburn Trail. The second leg crosses the
Sturges property frontage and is to be constructed within right-of-way or easement
provided by the City at no cost to the Developer.The second leg of the path shall
be approved for deferral beyond two years by the City Council in consideration of
the timing of the connection to be completed with the development of the"Auburn
Trail"site to the south. It is understood by both parties that the second leg of the
path is not required or necessary until the connection point is constructed as a part
of Auburn Trail. Upon notice by the City that the Auburn Trail connection point is
complete, the Developer shall complete the extension of the second leg of the
shared use path to the south end of Parcel X within 150 days,unless an extension
is granted by the City Council."
5. The original agreement in Section V(C)(6)describes the Developer's obligations
to install sewer within the site consistent with Exhibit"H"at their sole cost. The
City at their discretion may establish a connection district for segment 2 to 4 and
determine benefit for reimbursement to the Developer. This section is modified
to address the construction of sewer segment 2 to 4 as follows:
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"An easement for the construction extension of the sanitary sewer for the whole
segment of sewer from 2 to 4 shall be granted to the City with the first final plat
approval. The Developer at their sole cost shall construct the sanitary sewer
segment of 2 to 4 to the west side of the north south spine road shown in
Attachment"AA."This extension to the west side of the spine road shall occur
concurrent with development, however the construction of the extension to the
west side of the spine road shall occur no later than the development of Parcel
9,10,1 1,12,or 13,whichever occurs first.
For the remaining segment of sewer from the spine road to the west boundary line,
if the City determines that the extension of the sewer to the west boundary line
may satisfactorily provide service to properties west of the railroad tracks and to
development within Parcel 10 or Parcel 11, the Developer shall also make the
extension from the spine road to the west boundary line at their cost with the
development of either Parcel. In the event that the only satisfactory level of
service for the property to west that can occur is with an extension of the sewer
line,or a portion of the extension,that does not also have benefit to Parcel 11 or
12, the Developer is relieved of the obligation to further extend the sewer or
portion thereof from the spine road to the western boundary"
C PARK LAND DEDICATION.
l. The 2016 Addendum added a new Section V(1)for dedication and development of
a neighborhood park. The terms for the park improvements remain in place,however
the location,size,and timing of the dedication and improvement are modified as
follows:
Section V(1)(a)Topographical Condition and Dedicated Parkland as follows:
"The Developer shall provide the park land to the City at the location depicted on
Attachment"AA"and of a size of approximately nine(9)acres exclusive of HOA
storm water conveyance and treatment measures. The land shall be graded to a
relatively flat condition of less than 2%for areas planned for park improvements,e.g.
fields,shelters,basketball court,playgrounds,and generally shown on Exhibit BB
Final determination of improvement areas and planned improvements are to be to the
satisfaction of the City.
Section V(f)(b)Timing of Dedication is replaced in its entirety as follows:
"Park land shall be dedicated to the City and improved consistent with the terms of the
agreement,Including completion of street improvements across the frontage of the
site,concurrent with the development of Parcel 7 or Parcel 6,or by July 1,2028
whichever occurs fast.Concurrent with the development of a Parcel means within 12
months of final plat approval.
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In the event that final plat approval of Parcel 7 or Parcel 6 does not occur prior to July
1,2028,the Developer may provide a minimum street improvement and shared use
path to City specifications for a length of approximately 400 feet south of Parcel 3 to
provide access to and make improvements to the Park. Extension of the street under
this scenario does not relieve the Developer of future obligations to extend and
complete all street and shared use path improvements to the south across the frontage
of the park."
Section V(1)(e)Trail Adjacent to Park is replaced in its entirety as follows:
"Developer shall be responsible for the construction of a paved trail adjacent to the
south property line of the park land to the City's specifications as approved as part of
the Conservation Subdivision open space and landscape plan requirements for final
plat approval.The City may require as part of the Conservation Subdivision final plat
approval that the Developer provide for connecting trail(s)to the park trail from Parcel
6.Other trails and recreational improvements within the park land are the
responsibility of the City of Ames.
D. CITY GREENWAY
With this addendum,the Developer agrees to complete a new east west Greenway as
described herein.A new Section V(H)is added to the Original Agreement as follows:
"The Developer shall provide to the City a 20-foot casement for purpose of constructing
and maintaining a paved 10-foot wide shared use path. The dedication of the greenway
easement and the trail improvements shall be at no cost to the City.The path will extend
from Hyde Avenue to the west property line of the development on a route that is
approved by the City,but generally shown on Attachment"AA". The developer is
responsible for the design and construction of the trail at their sole cost,with the exception
of the cost of crossing the north south waterway.The design shall be approved by the City
and include the crossing of the waterway The developer shall be responsible for all
permitting needed for work within the flood plain to allow for the construction of the trail
and the crossing.
The City will construct a crossing of the north/south waterway at an agreed upon location
to complete the connection of the path to the developer's construction of the path and
embankments.The developer shall either connect the path to the bridge placed by the City
at the approved location or construct the path to within at least 60 feet of the approved
location for placement of the bridge on each side of the bridge if the bridge is not in place
at the time of the construction of the path.The Developer shall provide to the City at no
cost any necessary temporary construction easements for the placement of the bridge.
Upon acceptance of the dedication and improvements,the City will be responsible for the
upkeep and maintenance of the paved trail.The HOA shall be responsible for general
mowing and vegetation management within the easement and reflected as such as in the
CC&Rs of the Conservation Subdivision. The greenway easement shall be provided with
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the first final plat and the path shall be built concurrent with development of adjacent
Parcels.However,upon completion of the Park Parcel improvements,the developer's path
construction must also be completed to make a connection to the Park,unless agreed upon
by the City Council for a different phasing schedule due to the timing of bridge placement.
Construction of the trail between Parcel 9 and Parcel 7 would satisfy the timing
requirement for connecting to the park"
III.SAVINGS CLAUSE OF OTHER PROVISIONS OF ORIGINAL
AGREEMENT
The Parties expressly agrees that all other terms and requirements of the Original Pre-
Annexation Agreement and 2016 Addendum shall remain in full force and effect.
IN WITNESS WHEREOF, the Parties have caused this Addendum to the Original
Agreement to be signed by their authorized representatives as of the date first above
written.
CIT O MES,IOWA IRIE,L.L.C.
ley
Johpp A.Haile,M yor _
Terry Lutz,Manager
rP. i A m t9 STATE OF IOWA.COUNT OF STORY,ss
:+,s •� This instrument was acknowledged before me on
Ian*K."Yoss,City Clerk T�l� 2021.by Terry Lutz, ager of Rose
Prairie L L�
� CoUN"i'bF STORY,ss
40. . t
dd'y,of v�V w 2021,before Notary P is m a f t e State of Iowa
i qr I{o he pt and for the State of Iowa,personally
to K.Hails and Dune R Voss,to me personalty C1N01 gild 10M
knoln and who,by me duly sworn,did say that they are the " Cortaitlaipn tiManbM 7l121
Mayor and City Clerk, respectively, of the City of Ames, . Cdllarigilrotl
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 oZl AJ
adopted by the City Council on the S;�kl day of
,2021,and that John A Haila 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
V" ` hwoo
Notary A in and for the State of Iowa
AMYL.CCLWELL
OoiMltrNon quiib�r if2f I�
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Attachment AA HAYDEN'S PRESERVE MASTER PLAN •2021 REVISION 010—
.7__ M°CLURE
DEVELOPMENT SUMMARY
ESTIMATED RESDENT-MIUNIT DOUNI I I wanw.
I f I
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NOTES.._......_._ "' — — — — — ..anr�ed.. — r w...+•�.es•' J
_. w-01 IL
.2021-07829 00 06/21/2021 09:11:55 AM Page 8 of 8
Attachment BB-Park Improvements Grading
FS4W NOOE
PARCEi 7
PARCEI3
11,7S AC,
1
I GRASSED WATERWAY
I
I I
is unit 14 3 DU/AC I"Vow
Is umh 13 4 DU/AC 24 Unit
36 units 192 wiil PARCEL
31 Unik 4 9 DU/AC 30 UA& F '
79 unik 7 9 OU/AC 123 tm
ID Unitt 1S5 unite
36 unik S 2 DU/AC so u ll t
36 U"Ib 4 3 DUJAC 43 uA t
37 Unik 4 6 DWAC 46 Uni
37 unrb S 3 DU/AC 54 Lk%k
30 Unik S 2 DU/AC 42 LkA
14 Unik 4 9 OU/AC Is Ulwk