HomeMy WebLinkAboutA004 - Clerk's Certificate and Agreement for Development, Annexation, Water Service, and Improvements Instrument 0: 2023-03228
05/25/2023 11 41 29 AP Total Pages 10
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Recording Fee S 52 00
Stacie Harridge, Recorder , story County Iowa
mill In F111ft V11 Arlw0h 11111
DO NOT WRITE IN THE SPACE ABOVE THIS LINE,RESERVED FOR RECORDER
Prepared by:Mark Lambert,City Attorney,City of Ames,515 Clark,Ames,lows S0010(Phone: 515-239-5146)
Return to: Ames City Clerk,P.O.lion 811,Ames,Iowa 5NIO-0811
CLERK'S CERTIFICATE
I, the undersigned, the duly appointed,qualified and acting City Clerk of the City of
Ames, Iowa, do hereby certify,as provided in Iowa Code 558.3, the following: that 1 havek,
custody of the records of the City of Ames, Iowa; and that the attached Resolutions 23-188,23-
189-IE>i-? -h9&are a true and exact copy of said Resolutions as tiled and recorded in my office.
In Witness Whereof, I have affixed my signature and seal of the City of Ames, Iowa on
this 3 day of May 2023.
Renee Hall,City Clerk
STATE OF IOWA,COUNTY OF STORY, SS.: This instrument was acknowledged before
me on May 3, 2023, by Renee Hall, as City Clerk for the City of Ames, Iowa.
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2023-03228 00 05/25/2023 11 Al 29 AM Page 2 of 10
RESOLUTION NO. 23-188
RESOLUTION APPROVING DEVELOPMENT AGREEMENT
FOR HIDDEN CREEK FARM, PLAT 1
(W 190TH STREET)
FOR THE CITY OF AMES,IOWA
WHEREAS, Hidden Creek Farms, LLC, requested approval of a Final Plat for Hidden
Creek Fauns Plat One, proposed as a rural subdivision within the two-mile fringe of the City of
Ames. The proposed subdivision includes a Development Agreement and request for waiver of
certain City improvement requirements in order to be approved as a minor subdivision that would
create two lots.The Plat must also be approved by Story County per the terms of the current Ames
Urban Fringe Plan (AUFP); and,
WHEREAS,City staff has met with the property owner's representative and Story County
Planning staff over the course of several months to work through any potential conflicts related to
future site development due to its proximity to existing City developments and its designation as
an Urban Reserve Area within Ames Plan 2040. The development review process led to
preparation of a Development Agreement between the City and developer to address the proposed
waivers of City standards; and,
WHEREAS, the Development Agreement addresses conditional waivers of standards and
retains City review of a future traffic analysis, access, and stormwater. It also includes providing
for a future sidewalk connection, dedication of easements and right-of-way, and consent to
annexation.In addition,it limits development of the Lot I to one single-family dwelling,a religious
use,or agricultural uses allowed by Story County;and,
WHEREAS, a traffic study that includes the review of turning movements on 190`h Street
will be required to be submitted prior to development of Lot 1. Access will be required to meet
spacing requirements of Story County and the City of Ames. If Outlot A were to be developed in
the future,the width would allow for a future access to align with McFarland Avenue;and,
WHEREAS, the site will not be served with city sewer or water. The site is within the
territory where service by Xenia would be allowed and required to conform to City and SUDAS
standards for water service.
NOW,THEREFORE, BE IT RESOLVED by the City Council of the City of Ames, Iowa,
that Development Agreement for Hidden Creek Farm, Plat I (W 190'h Street) is hereby approved,
under the condition that the agreement includes a landscape management plan to be reviewed and
approved by the City with development of Lot 1 that minimize the use of phosphorus.
2023-03228 00 05/25/2023 11:41:29 AM Page 3 of 10
ADOPTED THIS 2811 day of March, 2023.
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Renee Nall,City Clerk John A. Haila, Mayor
Introduced by: Gartin
Seconded by: Corrieri
Voting aye: Beatty-Hansen, Betcher, Corrieri,Gartin,Junck, Rollins
Voting nay: None Absent: None
Resolution declared adopted and signed by the Mayor this 281"day of March,2023.
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2023-03228 00 05/25/2023 11:41:29 AM Page 4 of 10
RESOLUTION NO.23-189
RESOLUTION APPROVING WAIVER OF SUBDIVISION STANDARDS
FOR HIDDEN CREEK FARM,PLAT 1 (W 190TH STREET)
FOR THE CITY OF AMES, IOWA
WHEREAS, Hidden Creek Farms, LLC, requested approval of a Final Plat for Hidden
Creek Farms Plat One, proposed as a rural subdivision within the two-mile fringe of the City of
Ames. The proposed subdivision includes a Development Agreement and request for waiver of
certain City improvement requirements in order to be approved as a minor subdivision that would
create two lots.The Plat must also be approved by Story County per the terms of the current Ames
Urban Fringe Plan(AUFP),and,
WHEREAS, a minor subdivision includes three or fewer lots and does not require
additional public improvements.A minor subdivision does not require a Preliminary Plat and may
be approved by the City Council as a Final Plat. The proposed project qualifies as a minor
subdivision,as the property is located within Story County and no City utility public improvements
will be required pending approval of the requested waiver with the accompanying Development
Agreement;and,
WHEREAS• the proposed subdivision lies outside the city limits of Ames. It is currently
within the Story County Study Area Overlay, which lies between 190' and 180" Streets in the
Ames Urban Fringe Plan. The site is designated as Ag and Farm Services. Per the terms of the
AUFP and accompanying 28E agreement with Story County, when subdivisions in the county
occur within the study area each city retains their review authority of subdivisions under state code.
Additionally, as an Ag and Farm services designation, no new developable lots are to be created.
With the proposed plat, there is no net increase in developable lots.
NOW. THEREFORE, BE IT RESOLVED by the City Council of the City of Ames, Iowa.
that the partial waiver of Subdivision Standards for Hidden Creek Farm, Plat 1 (W 190'h Street)is
hereby approved subject to the provisions of the accompanying Development Agreement.
ADOPTED THIS 28`h day of March,2023.
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Renee Nall. City Clerk John A. Haila, Mayor �QrVU%i
Introduced by: Rollins
Seconded by: Junck
Voting aye: Beatty-Hansen, Betcher. Corrieri,Gartin,Junck, Rollins ..40
Voting nay: None Absent: None
Resolution declared adopted and signed by the Mayor this 28'h day of March, 202A,'`�;
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2023-03228 00 05/25/2023 11:41:29 AM Page 5 of 10
S P A C E A B O V E RESERVED FOR OFFICIAL USE
Lepl dwr%idoo:See page 6.
Return docrmeat to:City Clark,515 Clink Avenue,Ames IA 50010
Doermew prepored by:Mark O.Lambert City of Ames Legal Dgmftaft,515 Clazk Ave.,Ames,IA 50010—515-239-5146
AGREEMENT FOR DEVELOPMENT, ANNEXATION, WATER SERVICE
AND IMPROVEMENTS
THIS AGREEMENT for the development of property located currently outside of the corporate
limits of the City of Ames,is made and entered into by and between the City of Ames, Iowa(the"City"),
and Hidden Creek Farm, LLC(the"Developer"),and its successors and assigns. City and Developer are
hereinafter collectively referred to as the"Parties"or individually as a"Party". This Agreement shall be
effective as of the date the last of the Parties hereto executes same.
RECITALS
WHEREAS, the Parties desire the division, improvement, and development of certain real
properties in Story County,Iowa,as legally described on the attached Exhibit A(the"Site"),
WHEREAS, the Site is located outside but within two miles of the corporate limits of the
City and the City desires to exercise its authority under Iowa Code §354.9 to review the proposed
division and to allow division and development subject to certain conditions;and
WHEREAS, the Developer requests waivers of certain subdivision standards of the Ames
Municipal Code.
WHEREAS,the Site may be annexed to the City in the future as provided in Chapter
368 and the Parties desire to memorialize certain terms and conditions of said future
annexation;
NOW, THEREFORE, in consideration of the Recitals and of the mutual covenants contained
herein,and reliance on the same,the receipt and sufficiency of which is hereby acknowledged,the Parties
do hereby agree as follows:
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I. Coycriants Rcgarding Annexation.Publig Improvements, Water Service
Driveway Standards
Section A. Annexation. The Site is located in an area that may be annexed to the City,as provided
in Iowa Code Chapter 368. The Developer agrees to have the Site annexed to the City upon certain terms
and conditions as hereinafter set forth since the Site is contiguous to the City. The City Council may, at
some time,require annexation of the Site to the City and shall then notify the Developer of the City's desire
to annex the Site,or any portion thereof. Upon such notification,the Owner will submit to the City Clerk
a Voluntary Petition for Annexation of the Site 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. Pursuant to Iowa Code section
368.7(e),upon execution of this Agreement,Developgr hereby irrevocably waives the right to withdraw or
reQc.nd the Petition and hereby irrevocably waives the right to withdraw its consent to the Petition and
waives its right to otject to annexation
Section B. Public Improvements. In anticipation of the possibility that the City may at some time
deem it to be in the public interest to cause construction of certain public improvements,including,but not
limited to, street paving, curbs and guttering, sewer service, water mains, sanitary sewer mains and
sidewalks by means of City awarded contracts to be paid by special assessments to be levied against the
Site,Developer does hereby covenant and agree that by execution of this instrument shall pay and shall be
bound to pay the City,the costs of the aforesaid improvements,by action of the City Council,after notice
and hearing as provided by Iowa Code§384.50,the provisions of§384.38 notwithstanding. Furthermore:
(1) It is understood and agreed by the Parties that when and if the City Council conducts a hearing
on a proposed resolution of necessity to assess public improvement costs to the Site, or any
portion thereof,the owners of such land may then appear before the City Council and be heard.
(2) Notwithstanding the foregoing, Developer, in consideration of the benefits derived from the
approval of the division and development of the Site, Developer covenants and agrees that it
will not sue the City, or any officer of 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 Site
by the City.
Section C. Water Service. The Site currently obtains water service from a federally protected rural
water service provider,Xenia Rural Water Service. Developer shall not be required by the City to connect
to City water service for development of the site or upon annexation. Developer is solely responsible for
development of water infrastructure to City standards as set forth in the Agreenent for Winter Service and
Ter►bory Transfer between the City and Xenia with an effective day of February 1,2022,and recorded as
Instrument No.2022-01065,and agrees to be bound by all the terms and conditions of said Agreement for
the Site. Developer is responsible for the cost and expense of coordinating with Xenia for verification of
adequate water flow, water pressure, water mains, fire hydrants and all related improvements needed to
meet City standards at the time of development of the Site.
For purposes of making provision for future City water services to the Site,Developer shall he responsible
for payment of any amount that may become due and owing to any rural water provider because of the
development of the Site which is related to the buyout of rights to serve the Site or any portion thereof with
water. The City shall not be required to advance any funds or costs due and owing to a rural water provider
on behalf of any Developer. Developer shall hold the City harmless and indemnify the City from any and
all amounts required to pay a rural water provider service provider as a settlement for resolution of any
claims,disputes,objections,protest or litigation related to or arising out of the City providing water service
to the Site,or any portion thereof.
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Section D. Driveway Standards.The Developer understands a traffic study and access assessment may
be required by the City to allow for future access at the time of development. Any driveway, or portion
thereof, constructed by the Developer that connects to West 1901 Street shall be a minimum of 200 feet
away from the westernmost point of McFarland Avenue abutting West 1901 Street and a minimum of 170
feet away from the eastern most point of Shimek Drive abutting West 190'"Street.Any and all access points
are subject to approval by the City. Developer shall be responsible for the cost of any turn lane or street
improvements needed to meet City standards.
Section E. Sidewalks Developer shall install a public sidewalk no less than five feet wide running
parallel to 1901 Avenue. The public sidewalk shall run the length of the southern boundary of the Site
abutting 190"Avenue. Developer shall provide an easement acceptable to the Story County Planning and
Development Department at no cost to be approved and recorded upon Story County approval of the
Subdivision. Developer shall promptly provide the City with a copy of the recorded Sidewalk Easement.
The Developer requests deferral of sidewalk construction and a waiver of security otherwise required by
the municipal code for sidewalk construction. As a condition of granting the deferral and waiver of security,
the Developer agrees to construct a sidewalk to City specifications concurrent with the development of Lot
1. Sidewalks shall be within the right of way or within a sidewalk easement on the site. The sidewalk
extension to the west on Outlot A shall be constructed to allow a connection to McFarland Avenue,unless
otherwise later deferred by City Council.
Section F Street Improvements and Sewer Extension. The City agrees to waive improvements and
extension of public infrastructure related to street widening, curb and gutter, water,sanitary sewer, street
lights shall be waived except as stated in this agreement for sidewalks,water,driveways,and stormwater.
Said waiver is conditioned on the limited use of Lot l for one residential unit,agricultural uses,or religious
institution,and the City grant said waiver only for this plat.
Section G. Storm Water Prior to the development of Lot I, the Developer shall submit a stormwater
management plan to the City for review, Developer shall not proceed to develop Lot I unless and until the
City approves the proposed stormwater management plan.
Section H. Landscape Management Plan. Prior to the development of Lot 1, the Developer shall
submit a Landscape Management Plan to the City for review and approval that minimizes the impact of
nutrients, including a reduction in the use of phosphorus. Developer shall not proceed to develop Lot 1
unless and until the City approves the proposed landscape management plan.
II. Binding Effect
This Agreement shall be binding upon and insure to the benefit of the parties hereto, their heirs,
successors and assigns and shall be recorded with the Recorder of Story County. The Agreement shall be
binding upon all successors and assigns of the Parties. Developer shall be liable to the City for each and
every obligation imposed under the terms of this Agreement. The obligations under this Agreement shall
constitute a covenant running with the land. Both the City and the Developer shall constitute parties for
the purpose of filing a verified claim to extend the covenants contained herein. The City and the Developer
may take any action, including legal, equitable or administrative action, which may appear necessary or
desirable to enforce performance and observance of any obligation, agreement or covenant under this
Agreement.
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III. Miscellaneous Provisions
If any provision of the Agreement is held invalid,such invalidity shall not affect any of the other provisions
contained herein. This instrument constitutes the entire agreement between 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
IN WITNESS WHEREOF,the parties hereto have caused this instrument to be executed effective
as of the date first above written.
Hidden Creek Farm,LLC
By 24.
P ip D Voge,Manager
STATE OF IOWA,COUNTY OF SS.: This instrument was acknowledged before
me on 2023,by Philip D.Voge,as Manager of Hidden Creek Farm,LLC.
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2023-03228 00 05/25/2023 11:41:29 AM Page 9 of 10
Passed and approved on 7 ,2023,by Resolution No.23- adopted by
the City Council of the City of Ames,Iowa.
CITY OF AMES,IOWA
By:
John k hails,Mayor
Attest:
Renee lWall,City Clerk
STATE OF IOWA,COUNTY OF STORY,SS.:
This instrument was acknowledged before me on ^ ,2023,by John A. Haila
and Renee Hall,as Mayor and City Clerk,respectively,of the ity of Ames, Iowa.
R 8LIC ,
now
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Exhibit`A'—Legal Description of Site
That part of the Southwest Quarter of the Southwest Quarter of Section 15; Township 84 North,
Range 24 West of the 5th P.M.,Story County, Iowa,being more particularly described as follows:
Commencing at the Southwest Corner of said Section 15;thence N00°l8'57"E,452.00 feet along
the west line thereof to the Northwest Corner of Parcel G in said Southwest Quarter of the
Southwest Quarter and the point of beginning;thence continuing N00 I8'57"E,701.90 feet to the
Southwest Conner of Outlot A in Fincham Agricultural Subdivision in the Southwest Quarter of
said Section 15; thence S89°54'26"E, 1316.46 feet along the south line of said Fincham
Agricultural Subdivision to the east line of said Southwest Quarter of the Southwest Quarter;
thence S00°25'16"W, It 51.89 feet to the Southeast Corner thereof;thence N89°59'44"W,918.28
feet along the south line of said Section 15 to the Southeast Corner of Parcel J in said Southwest
Quarter of the Southwest Quarter; thence N00°18'21"E, 452.07 feet to the Northeast Corner
thereof;thence S89°59'38"W,395.99 feet along the north line of said Parcels J and G to the point
of beginning,containing 30.70 acres,which includes 1.97 acres of existing public right of way.
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