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Home My WebLink AboutA011 - Agreement for Annexation dated February 8, 2022 r DO NOT WRITE IN THE SPACE ABOVE THIS LINE,RESERVED FOR RECORDER Prepared by:City Attorney's Office,515 Clark Avenue,Ames,IA 50010;Ph.:515-239-5146 Return document to: City Clerk,City of Ames,515 Clark Avenue,Ames,IA 50010 Legal Description: See Page 1. AGREEMENT FOR ANNEXATION (Sturges Subdivision) Al I WHEREAS this Agreement (the "Agreement"), dated for reference purposes, day of �CW U 4:K ,2022, is made and entered into by and between the City of Ames,Iowa,and Leroy D. Sturges an ue A. Sturges, husband and wife, (the"Owners"), and Iowa Natural Heritage Foundation and B.Joan White(the"Optionees"); and WHEREAS the Owners have title to the property (hereinafter the "Property") locally known as 5019 Hyde Avenue and legally known as: Parcel "A" of the Northeast Quarter of the Southeast Quarter in Section 21, Township 84 North,Range 24 West of the 51 P.M., Story County, Iowa, as shown on the"Plat of Survey" filed in the office of the Recorder of Story County, on May 31, 1996, as Instrument No. 96-05211, in Book 13, at Page 249 And, WHEREAS,the Property is approximately 36.12 acres and the Owner has optioned approximately 30.86 acres of said Property to the Iowa Natural Heritage Foundation and B. Joan White (hereinafter the "Optionees")by an Option to Purchase Agreement filed November 23,2021,as Instrument No.2021-14760 (hereinafter"Option"); and WHEREAS, the Ames Urban Fringe Plan designates the Property as an Urban Service Area intended for future annexation and subdivision by the City; and WHEREAS,the City of Ames is a party to a 28E agreement with Story County and under the terms of said 28E Agreement the City has sole subdivision authority over the Property;and WHEREAS the Owner requests that the City delay annexation of the Property to expedite the approval of a Minor Subdivision Plat for the purpose of facilitating a sale to Optionees as set forth in the Option; and 2 WHEREAS, a proposed final subdivision plat of the Property tentatively named Sturges Subdivision,First Addition,Story County,Iowa(the"Subdivision")is now on file with the City and a copy of the drawing is attached hereto as"Exhibit A",and WHEREAS, the City Council, after due and careful consideration, has concluded that this Agreement would further the growth of the City, would provide for the conservation of lands to be maintained as a wildlife habitat and provide for the enhancement of the watershed for Ada Hayden Heritage Park and lake, would enable the City to control the development of the area, and would serve the best interests of the City of Ames. NOW THEREFORE, IN CONSIDERATION OF THE PROMISES AND THE MUTUAL COVENANTS AND AGREEMENTS HEREIN CONTAINED, IT IS HEREBY AGREED AS FOLLOWS: SECTION 1. AGREEMENT PURSUANT TO IOWA CODE CHAPTER 368. This Agreement is made pursuant to and in accordance with the provisions of Iowa Code Chapter 368. The forgoing preambles and recitations are made a part of this Agreement. SECTION 2. TERM. The term of this Agreement is from the date of its execution by all parties until the annexation of the real estate to the City is completed. SECTION 3. AGREEMENT FOR ANNEXATION. The Owner agrees to voluntarily annex the Property into the City of Ames upon the earlier of the following: (1) when any person submits any application for further subdivision or development of the proposed Outlot A of the Subdivision, or(2) at such time after March 1,2024, as may be determined by the City. SECTION 4. EXECUTION OF ANNEXATION PETITION. Each Owner and Optionee, contemporaneous with the execution of this Agreement,will submit to the City Clerk a Voluntary Petition for Annexation of the Property by the City. The City Clerk will file the Petition, submit it to the City Council for consideration at such time and under such circumstances as the City Council deems appropriate, and comply with the requirements of Iowa Code Chapter 368. SECTION 5. PETITION FILING. Upon the occurrence of an event in Section 3, the City shall give notice to each Owner of the Property by regular mail of the City's intent to proceed with the agreed annexation, and after 30 days,the voluntary petitions to annex shall be deemed filed. SECTION 6. IRREVOCABILITY & WAIVERS. Pursuant to Iowa Code section 368.7(e), upon execution of this Agreement,each Owner and Optionee hereby irrevocably waives the right to withdraw or rescind the Petition and hereby irrevocably waives the right to withdraw its consent to the Petition and waives its right to object to the annexation of the Property to the City of Ames. SECTION 7. ANNEXATION COSTS. Each Owner agrees, jointly and severally, to pay the administrative costs associated with the annexation of the Property, which includes, but is not limited to, filing fees,and preparation of annexation maps and legal descriptions. SECTION 8. SUBDIVISION APPROVALS. The City Council's potential approval of the Subdivision shall be contingent upon the cooperation of the Owners and Optionees under this Agreement and upon a 3 final plat of the Subdivision in substantial conformance with Exhibit A, including particularly, the dedication of Lot A as City right-of-way, and the establishment of an "Outlot A," which pursuant to the municipal code may not be further developed without application to the City. SECTION 9. CONNECTION COSTS. An Owner shall bear all costs of connection to City water and sewer services following annexation if the Owner chooses to connect to those services. If an Owner currently has sufficient water services and sewer services, the Owner is not required to connect to City water or City sewer.If an Owner has water services from a federally protected rural water provider and the Owner chooses to connect to City water, said Owner shall be responsible for payment of any amount that may be due any rural water provider because of the annexation or disconnection from a rural provider as necessary for the City to serve the Property.The City shall not be required to advance any amount on behalf of an Owner. Each Owner agrees to hold harmless and indemnify the City from and against all claims or damages due to a rural water provider arising out of the annexation or a disconnection from a rural water provider, including the City's reasonable costs of defense. SECTION 10. BINDING EFFECT. This Agreement shall be binding upon the heirs, successors, and assigns of each of the parties hereto. As used in this Agreement, Owner shall mean and include both the current and any successor owner to Lot I or Outlot A as shown on the drawing of the Subdivision. Successors and assigns shall cooperate with the City, as may be necessary, to fulfill the voluntary annexation obligations of the Owner under Sections 3 and 4 of this Agreement. SECTION 11. REMEDIES. In the event of a breach of this Agreement by an Owner or Optionee to pay the costs of annexation,and if the breach has not been cured within 7 days of a notice to cure,the City may advance such funds as may be necessary to fulfill the intent of this Agreement and thereafter assess the amounts due from the breaching party in the manner of a special assessment. SECTION 12. ENTIRE AGREEMENT. This instrument constitutes the entire agreement of the parties with respect to the subject matter thereof and supersedes all prior oral or written agreements, statements, representations, and promises. No addition to or change in the terms of this Agreement shall be binding upon the parties unless it is expressed in a writing signed and approved by the parties. Dated this i' day of February 2022. OWNERS: Leroy D. ges Sue A. Sturges STATE OF IOWA,COUNTY OF STORY,SS.: This instrument was acknowledged before me on February %" , 2022,by Leroy D. Sturges and Sue A. Sturges,husband and wife. 4�P aF ROSS A. BAXTER � �Commission Number 768460 ----v 40136My Commission Expires NOTARY PUBLIC June 16,20? 4 OPTIONEES: IOWA NATURAL HERITAGE FOUNDATION Dated this day of February 2022. By: J eph . McGovern, President STATE OF IOWA,COUNTY OF STORY,SS.: This instrument was acknowledged before me on February 7 2022, by Joseph A. McGovern as President of Iowa Natural Heritage Foundation. 4�0 a ROSS A.BAXTER a �f Commission Number 768460 My Commission Expires NOTAR PUBLIC IN June 16,20-L�? Dated this day of February 2022. B. JO WHITE STATE OF IOWA, COUNTY OF STORY, SS.: This instrument was acknowledged before me on February -7 , 2022, by B. Joan White. 4�a as ROSS A. BATTER $ �Commission Number 76CA60 u+ My Commission Expires NOTARY PUBLIC June 16,20 Passed and approved on Fc-L)► -t(a,v-z.t 2022, by Resolution No. 22- 0-5,�2 adopted by the City Council of the City of Ames, low.-) 5 CITY OF AMES,IOWA By-M�t John A.Haila,Mayor Diane R.Voss,City Clerk STATE OF IOWA,COUNTY OF STORY,SS.: This instrument was acknowledged before me on February 1 , 2022, by John A. Haila and Diane R. Voss,as Mayor and City Clerk, respectively,of the City of Ames, Iowa. Q � . L!;�L-LL NOT PUBLIC �. AMY L.COLWELL 9 ;Commission Number$12133 % ow My omission E* ins S� ► �