HomeMy WebLinkAboutA014 - Resolution approving a Development Agreement for Public Improvements to Cedar Lane with the Ansley Subdivision DeveloperITEM #:15
DATE:12-09-25
DEPT:P&H
SUBJECT:ANSLEY SUBDIVISION DEVELOPMENT AGREEMENT FOR PUBLIC
IMPROVEMENTS TO CEDAR LANE
COUNCIL ACTION FORM
BACKGROUND:
The Ansley Development off Cedar Lane was approved with a rezoning and Master Plan on
May 10, 2022, which changed the zoning from Agricultural (A) to Floating Suburban -
Residential Low Density (FS-RL) with a Planned Unit Development Overlay (PUD)
(Attachment A).
A Rezoning Agreement executed at the time of the rezoning requires the developer to
"assume all financial responsibility for road improvements to Cedar Lane", including offsite
improvements to the frontage between the north and south areas of the site (Attachment B).
This includes the extension of Cedar Lane to the southernmost street in Ansley, Rothway
Road, and the construction of sidewalk along the east side of the Cedar Lane from Rothway
Road north to the northernmost street connection, Ansley Avenue.
Note that the Ansley developer is only responsible for constructing the east half of
Cedar Lane. The other half of the responsibility belongs to Iowa State University, which
owns the field on the west side of Cedar Lane.
Subsequent to the rezoning, the preliminary plat was approved on November 8, 2022
(Attachment C). It included a waiver of the construction of Cedar Lane and utilities
south of the southernmost interior subdivision road, Rothway Road, which connects to
Cedar Lane through the development of future phases (Attachment D).
The 2019 Pre-Annexation for this area stipulates that the owners of the properties on Cedar
Lane will grant to the City at no cost the necessary right-of-way or easements for road
extension and construction. The agreement further states that the City will pay for any survey
costs and acquisition plat preparation associated with the ROW and easements.
CEDAR LANE PAVING WAIVER REQUEST:
In 2024, the developer returned with a request to waive the requirement to pave the future
extension of Cedar Lane from Middleton Road to Rothway Road. Specifically, the request was
for the City to assume responsibility for constructing roughly 700 linear feet in front of three
parcels that front on Cedar Lane but are not a part of the Ansley Subdivision. On September
10 of that year, Council directed staff to prepare a Development Agreement whereby the
City would assume responsibility and define the developer's remaining obligations.
The City's assumption of the developer's responsibility will be for half of the street
paving. ISU will retain its obligations for the west side of Cedar Lane per the existing
agreement. The timing of the City paving Cedar Lane is at the discretion of the City.
More details of the agreement are described below.
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DEVELOPMENTAGREEMENT:
The proposed agreement (Attachment E) is summarized below:
1. The developer is responsible for the construction of Cedar Lane, except as follows:
2. The City assumes responsibility for constructing Cedar Lane for the relevant 700 feet not
in front of Ansley. The developer is responsible for all Cedar Lane frontage
improvements abutting the Ansley Development, including the intersection of Cedar
Lane and Rothway Road. The City will acquire all necessary easements and/or right-of-
way.
3. The developer will remain responsible for constructing the sidewalk along Cedar Lane for
this distance.
4. The developer shall provide completed public improvement plans for the paving of Cedar
Lane at the time of final plat for the addition that includes Rothway Road.
5. The approval of public improvement plans will be determined at the time of platting for
the connection of Rothway Road to Cedar Lane.
ALTERNATIVES:
1. Approve a resolution for the Development Agreement between the City and the Ansley
developers as it pertains to the construction of and obligations for Cedar Lane paving.
2. Direct staff to modify the proposed Development Agreement terms and return with an
updated agreement.
3. Deny the Development Agreement request.
CITY MANAGER'S RECOMMENDED ACTION:
The proposed Development Agreement sets forth the obligations and timing for the
improvements (street and sidewalks) to Cedar Lane. Per the agreement, the City will now take
responsibility for constructing one half of roughly 700 feet of Cedar Lane in front of three
parcels that are bordered by, but not a part of, Cedar Lane. (The obligation to pay for the other
half belongs to Iowa State University, which is not affected by this Development Agreement.)
The developer will provide the City with public improvement documents, the delivery of which
will be tied to the construction of the third and final (and southernmost) Ansley street to
connect to Cedar Lane (two connections are already built).
The proposed agreement is in keeping with previous Council direction. Therefore, it is
the recommendation of the City Manager that the City Council approve Alternative 1, as
described above.
ATTACHMENT(S):
Attachment A - Master Plan.pdf
Attachment B - Ansley Rezoning Agreement.pdf
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Attachment C - Preliminary Plat.pdf
Attachment D - Reference Maps.pdf
Attachment E - Proposed Development Agreement.pdf
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ATTACHMENT A
Master Plan Excerpt
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6
7
8
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10
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ATTACHMENT C
Preliminary Plat Excerpt
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ATTACHMENT D
Reference Map
Waived Cedar Lane
Construction
700’ Portion of
Cedar Lane
Requested for City
Responsibility
Ansley Avenue
Middleton Road
Rothway Road
Cedar Lane
Constructed –
Sidewalk Needed
No Sidewalk
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DEVELOPMENT AGREEMENT – Ansley Subdivision
THIS AGREEMENT, made and entered into ___________________, 2025, by and
between the City of Ames, (hereinafter “City”) and Burgason Enterprises L.L.C., and Ansley
Land, LLC, (hereinafter referred to as “Developer”), their successors and assigns, both
collectively known as the “Parties” herein, do agree and covenant as follows:
WITNESSETH THAT:
WHEREAS, the Developer is in the process of improving approximately 58.7 acres located
in the vicinity of Cedar Lane known as the Ansley Development as described in a certain Rezoning
Agreement (defined as the “Site” in said Rezoning Agreement and also in this Agreement) which
was dated May 10, 2022, and filed May 23, 2022, as Inst. No. 2022-04969; and
WHEREAS, the Developer was required in said Rezoning Agreement to “assume all
financial responsibility for road improvements to Cedar Lane as required by the City for
development of the Site, including offsite improvements to the frontage between the north and
south areas of the [S]ite;” and
WHEREAS, on or about September 10, 2024, Developer requested that the City assume
responsibility for paving an approximate 700-foot portion of Cedar Lane along the frontage of
three parcels along the East side of Cedar Lane contrary to the requirements of the Rezoning
Agreement; and
WHEREAS, the City Council approved Developer’s request subject to the Developer
continuing to have all other responsibility for the remaining cost and construction of portions of
Cedar Lane as set forth in the Rezoning Agreement;
NOW THEREFORE, the Parties herein have agreed and do agree as follows:
S P A C E A B O V E R E S E R V E D F O R O F F I C I A L U S E
Legal description:
Return document to:
Document prepared by:
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I. IMPROVEMENT OBLIGATIONS
1. Developer shall be responsible for all street paving and related improvements for the
extension of utilities and streets from within the Site to the intersection with Cedar Lane,
except as set forth below.
2. The City shall be responsible for the paving of the East Half of Cedar Lane lying adjacent
to the West boundary of: (a) 3314 Cedar Lane (Tax Parcel No. 09-21-200-330), (b) the
parcel directly South of 3314 Cedar Lane (Tax Parcel 09-21-200-320), both of which are
currently owned by Steven Burgason and Anne Burgason, and (c) 3618 Cedar Lane (Tax
Parcel ID No. 09-21-200-340) owned by Jeffry and Cynthia Jorgensen.
a. The Parties acknowledge that the cost of obtaining the necessary right-of-way,
temporary or permanent construction easements, or utility easements, from any of
the parcels identified above is governed by Section 7 of a certain Pre-Annexation
Agreement filed July 29, 2019, as Instrument No. 2019-06546, and nothing herein
shall modify the terms of said Pre-Annexation Agreement, or in any way require the
City to pay for “any temporary or permanent construction easements, utility
easements or right-of-way required by the City, in a form deemed acceptable to the
City.”
b. The City shall determine the appropriate timing of its paving responsibility in its
sole discretion.
c. Developer shall continue to bear the responsibility for the installation of a sidewalk
that meets City standards that is parallel to and East of the portion of Cedar Lane
described in paragraph 2 above. Developer shall install the sidewalk as required by
the City, but no later within six (6) months of when the City installs the paved
portion of Cedar Lane as described in paragraph 2 above. Developer shall be
responsible for all costs associated with the construction of the sidewalk.
3. Prior to final plat approval for any subdivision within the Site that has the extension of
Rothway Road to Cedar Lane, Developer shall provide completed improvement plans for
the paving of Cedar Lane from Middleton Road to Rothway Road.
4. The final approval of public improvement plans and the extent of improvements completed
by the Developer will be determined at the time of final plat approval for Rothway Road.
5. Developer shall bear the sole responsibility for the installation of all sidewalks required by
the City within the Site. Nothing herein is intended to modify Developer’s obligations
under the Sidewalk Agreements filed for Ansley Subdivision, First Addition, recorded
October 30, 2023, as Inst. No. 2023-07709, or Ansley Subdivision, Third Addition,
recorded June 12, 2025, as Inst. No. 2025-04454. For the required sidewalk abutting 3310
and 3312 Cedar Lane, the sidewalk connecting the First and Third Additions of the Ansley
Subdivision must occur no later than May 1, 2028.
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6. The Parties agree that this Agreement shall supplement the Rezoning Agreement and that
the Rezoning Agreement shall continue have full force and effect in accordance with the
terms thereof, unless expressly amended by this Agreement.
II. NON INCLUSION OF OTHER IMPROVEMENT OBLIGATIONS
The Parties acknowledge and agree that this Agreement is being executed in contemplation of
a plan for development, without further review or approval of subsequent specific plans for
development of the Site. The intent of the Parties to this Agreement is that the Improvement
Obligations addressed above are not an exhaustive list of public improvements that may be
required by the City for the subject Site. The parties acknowledge and agree that it is not
possible to anticipate all the infrastructure and code requirements that the Developers may be
required to complete or comply with to properly develop the site. Therefore, the parties agree
that all work done by and on behalf of the Developers with respect to other improvements,
including but not limited to, building design, building construction, and utilities, both on-site
and off-site, shall be made in compliance with the Iowa Code, SUDAS, and all other federal,
state and local laws and policies of general application, including but limited to building and
zoning codes, whether or not such requirements are specifically stated in this Agreement.
III. COVENANT WITH THE LAND - MODIFICATION
This Agreement may not be modified without the written consent of all Parties thereto.
This Agreement shall run with the Site and be binding upon the Developer, its successors and
assigns. The terms of this Agreement shall not constitute a lien upon any platted Lot within
either Ansley Subdivision, First Addition or Third Addition, that is not owned by either or both
Developer entities as of the date of this Agreement.
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed
effective as of the date first above written.
[S I G N A T U R E S ON F O L L O W I N G P A G E S ]
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DEVELOPER:
Burgason Enterprises L.L.C.
By:
Manager
STATE OF IOWA, COUNTY OF STORY, SS.:
This instrument was acknowledged before me on ______________________, 2025, by Steven W.
Burgason, as Manager of Burgason Enterprises, L.L.C.
NOTARY PUBLIC
ANSLEY LAND LLC
By:
By:
Steven W. Burgason,
Anne F. Burgason,
Ansley Land LLC
By:
Manager
STATE OF IOWA, COUNTY OF STORY, SS.:
This instrument was acknowledged before me on ______________________, 2025, by Steven W.
Burgason and Anne F. Burgason, as Managers of Ansley Land LLC.
NOTARY PUBLIC
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Passed and approved on ____________________________, 202_____, by Resolution No. 25-
___________ adopted by the City Council of the City of Ames, Iowa.
CITY OF AMES, IOWA
John A. Haila,
Renee Hall,
STATE OF IOWA, COUNTY OF STORY, SS.:
This instrument was acknowledged before me on _______________________, 202_____, by John A.
Haila and Renee Hall, as Mayor and City Clerk, respectively, of the City of Ames, Iowa.
NOTARY PUBLIC
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LEGAL DESCRIPTION – Exhibit ‘A’
ANSLEY SUBDIVISION, FIRST ADDITION, AMES, STORY COUNTY, IOWA; and.
ANSLEY SUBDIVISION, THIRD ADDITION, AMES, STORY COUNTY, IOWA.
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