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Home My WebLink AboutA001 - Memo dated October 12, 1999 from City Attorney A r Memo City Attorney's Office Caring People Quality Programs Exceptional Service ILr OCT TO: Jerry Byg, Municipal Engineer L CITY CLERK FROM: John R. Klaus, City Attorne CITY OF AMES,IOYJA DATE: October 12, 1999 SUBJECT: Abandonment of Tribune Alley Some years ago, the City vacated an alley near the Ames Tribune and received a utility easement over the land of the former alley. Subsequently, a building was constructed over a part of the easement area. With this is a request that the City formally abandon the part of the easement that the building sets on. Apparently the City does not need that part of the easement. Attached is a resolution for the Council to enact for abandonment of the pertinent part of the easement. Please prepare a Council Action Form for the Council's consideration at its next regular meeting. JRK:gmw Attachment c: ,Diff1ie Voss Karen Thompson Jeremy Sharpe Jeffrey E.Lamson Robert A.Mullen Michael R.Reck BELIN LAMSON McCORMICK Mark McCormick David L.Charles Roger S.Lucas ZUMBACH FLYNN Steven E.Zumbach William D.Bartine Jennifer J.Lucas Thomas L.Flynn Quentin R.Boyken David K.Basler A PROFESSIONAL CORPORATION • ATTORNEYS AT LAW Roger T. Stetson Charles F.Becker Danielle M. Shelton Jon L. Staudt Mark E.Weinhardt The Financial Center James L.Krambeck Dennis P.Ogden Of Counsel 666 Walnut Suite 2000 Richard W.Lozier,Jr. Edward M.Mansfield Sue Luettjohann Seitz James V. Sarcone,Jr. Margaret C.Callahan Des Moines,Iowa 50309-3989 James R.Swanger Robert D. Sharp Telephone(515)243-7100 Jeremy C.Sharpe Steven M.Colloton David W.Belin John T. Seitz Garth D.Adams (1928- 1999) Direct Dial: (515)283-4622 Direct Fax: (515)558-0622 E-mail: jcsharpe@belinlaw.com October 12, 1999 --- VIA U.S. MAIL AND FACSIMILE 515-239-5142 4 IAA OCT Mayor and City Council Members City of Ames CITY CLERK City Hall CITY OF AN1�-S, I.C'°`A Ames, Iowa 50010 Re: Daily Tribune Real Estate Corporation—Abandonment of Utility Easement by City of Ames Dear Mayor and Council Members: I have spoken with the office of the City Clerk, on behalf of our client Daily Tribune Real Estate Corporation, about an encroachment of the building owned by Daily Tribune Real Estate Corporation upon a vacated alley which was granted to the City as an easement area for electrical and sewer lines. I have attached a copy of that easement for your information. As you can see it provides that no construction of any structure is to occur on the easement area. The encroachment onto the easement area appears to cover approximately the north 64 feet of the south 180 feet of the vacated alleyway. For some reason, although the easement was granted October 11, 1989 and filed October 12, 1989, a building permit was issued for the construction of the addition to the building which encroaches onto the easement area on November 1, 1989. The City Clerk's office has been able to find no other written evidence of the approval by the City of the construction over the easement area in contradiction of the terms of the easement grant. I have spoken with City Attorney John Klaus, and have related to him the information provided to me through the City Clerk's office from the Public Works Department that there appears to be no sewer lines or electrical lines within the area of the vacated alley covered by the building. He therefore suggested that I initiate a procedure for the ultimate abandonment by the City of Ames of the easement as to the area covered by the building by submitting to you this formal request for such action. Therefore, I hereby formally request on behalf of our client Daily Tribune Real Estate Corporation that the City Council consider passing a resolution partially abandoning the easement grant which was recorded in Book 285 at Page 182 of the Story County October 12, 1999 Page 2 records, as to the north 64 feet of the south 180 feet of the previously vacated alleyway adjacent to the east half of Lots 6, 7 and 8 in Block 9 in the Original Town of Ames, Story County, Iowa. Please let me know if you should need anything further to initiate this process with the City Council. Otherwise, I would appreciate receiving a certified copy of any resolution passed by the City Council abandoning this portion of the easement area as soon as it is available. Yours very truly, joremy C. harpe e Fir JCS/djd enclosure cc: Matthew Maser Koley, Jessen, Dauban and Rupiper P.C. One Pacific Place Suite 800 1125 S. 103rd Street/ Omaha,NE 68124-1079 (Fax 402-390-9005) John Klaus 515 Clark Avenue Room 252 PO Box 811 Ames, Iowa 50010 (Fax 515-239-5142) dAa0477\Itr-ames mayor jcs.doc Belin Law Firm 10/12/99 2 : 31 : PAGE 2/5 RightFAX �'B 1�� O :Mayor, City of Ames COMPANY:A0477 /`� /�� I Jo -t3-g9 � #0' wle Jeffl,ay S.Loma Robert A.Mullen Michael R.Reck BELIN LAMSON McCORMICK mQtk McCormick David L.Charles Roger S.Lucas ZUMBAC�I FLYNN Steven E.Umbach Willism D,Battine Jennifer J,Lucas Thomas L.Flynn Quentin R.Boyken David K.Bala A PROFESSIONAL CORPORATION • ATTORNEYS AT LAW Raper T.Stetson Charles F.Becker Danielle M,Shelton Jon L.ftudt Mark E.Woinhardt The Financial Center James L•Krambeck Dennis P,Ogden Of Counsel ita 2000 Richard W.Lazier,Jr. FAward M.Mansfield Sue Luettjohann Bela 666 Wainµt 9u Des Holman Iowa ft 09.3989 James V.Sarcona,Jr. Margaret C.Callahan James R.Swan#& Robert D.Sharp Telephone(51 S)243.71DO Jeremy C.Sharpe Steven M.Colloton David W.Belln John T,Seitz Guth D.Adams (1928. 1999) Direct Dial: (515)295 4622 Direct Fax: (513)55"22 E-mail: jeshwpe@belinlaw.com October 12, 1999 VIA U.S. MAIL AND EACSMLE 51S-23S 9-5142 Mayor and City Council Members OCT 12 on City of Ames City Hall CITY CLERK Ames,Iowa 50010 UTY OF AMES,lowA Re; Daily Tribune Real Estate Corporation—Abandonment of Utility Easement by City of Ames Dear Mayor and Council Members: I have spoken with the office of the City Clerk,on behalf of our client Daily Tribune Real Estate Corporation, about an encroachment of the building owned by Daily Tribune Real Estate Corporation upon a vacated alley which was granted to the City as an easement area for electrical and sewer lines. I have attached a copy of that easement for your information. As you can see it provides that no construction of any structure is to occur on the easement area. The encroachment onto the easement area appears to cover approximately the north 64 feet of the south 180 feet of the vacated alleyway. For some reason, although the comment was granted October 11, 1989 and filed October 12, 1989, a building permit was issued for the construction of the addition to the building which encroaches onto the easement area on November 1, 1999. Time City Clerk's office has been able to find no other written evidence of the approval by the City of the construction over the easement area in contradiction of the terms of the easement grant. 1 have spoken with City Attorney John Klaus, and have related to him the information provided r to me through the City Clerk's office from the Public Works Department that there appears to be no sewer lines or electrical lines within the area of the vacated alley covered by the building. He therefore suggested that I initiate a procedure for the ultimate abandonment by the City of Ames of the easement as to the area covered by the building by submitting to you this formal request for such action. Therefore, I hereby formally request on behalf of our client Daily Tribune Real Estate Corporation that the City Council consider passing a resolution partially abandoning the easement grant which was recorded in Book 285 at Page 182 of the Story County Belin Law Firm 10/12/99 2 : 31 : PAGE 3/5 RightFAX D :Mayor, City of Ames COMPANY:A0477 October 12, 1999 Page 2 records,u to the north 64 feet of the south 190 feet of the previously vacated alleyway adjacent to the east half of Lots 6, 7 and 8 in Block 9 in the Original'Town of Ames, Story County,Iowa, Please let me know if you should need anything further to initiate this process with the City Council, Otherwise,I would appreciate receiving a certified copy of any resolution passed by the City Council abandoning this portion of the easement area as soon as it is available. Yours very trul , ith my C. harpee F' JCS/djd enclosure cc: Matthew Maser Koley,lessen, Dauban and Rupiper P.C. One Pacific Place Suite 900 1125 S. 103rd Street! Omaha,NE 68124-1079 (Fax 402.390.9005) John Klaus 515 Clark Avenue Room 252 PO Box 811 Agnes, Iowa 50010 (Fax 515.239.5142) d:�M7711u-any me5ro�la.doc UTILITY �•i RIGHT OF WAY PERMIT MID EASEMENT i.l ff { PARTNEkSHIP INDEPENDENT PRESS, INC., its successors and assigns, in consideration of the sum of ine Dollar and other consideration, receipt of which is hereby acknowledged, do grant to the City of Ames, Iowa, a ? municipal corporation, its successors and assigns, the perpetual right ;+ to construct, reconstruct, maintain and use a storm sewer and electric t lines, corsisting of pol.�s, wires, cables, conduits, fixtures, anchors end other similar equipment, incluriing the right to trim or eomove.trees wl'.:,in such area where necessary to secure a clearance of A feet from the wires or poles, and a right of access for mobile equipment and vehicles, together with the right to extend to telephone, telegraph, ii television, electric or power companies, or a company, the right to Ilse i! separately or jointly with the City of Ames the areas included in this ; easement for the purposes above enumerated, over, upon, across or under the following described real estate, situated in the County of Story, 1i State of Iowa, to-wit: natty.Igo. Q 2C 5 south 1Q0 feet of the vacated north and south alley in STORY COUNTY.IOWlblock 9, Original Town of Ames, Iowa, more particularly nFiL.S�O FOR RECORD described as follows: Beginning at the southeast corner of ~7r J Lot 6, block n, Original Town of Ames, Iowa, thence north 180 AM OCT 12 1989 Feet to the sout.he.ast corner of Lot 9, said Block 9, thence v,.. east. 16 feet to the southwest corner of Lot 2, said Block 9, SUSAN I VAN -KAMP,Recor once south Si10 feet to the southwest corner of Lot 7, ' Words Subdivision to Ames, Iowa, thence west 16 feet to the �s flocordingF-tm$_&4.X_ ant of br.ginning. All in Block 9, Original Town of Ames, Auditor's Fee$ .-Story County, lowa. Containing 0.066 acres. r It is further promised by grantor that there shall be no construction or i erection of any building or structure on the described land, irk Furthermore there shall be no new construction of any structure at any other place where any part of such structure will be closer to the said wires conduits and cables that are now installed in the described easement area, than is allowed by the National Electric Safety Code, ANSiC-2. fences and materials storage is permitted, but removal will he prompt on request of the granten. for exercise Of rights herein stated, t and if not removed as reasonably requested, the grantee may cause the j recessary removal at grantor's expense. r The foregoing rights are granted upon the express condition that the "> City of Ames will assume responsibility for all damage to the above ; i described property caused by the City's failure to use due care in the exercise of its granted right, but the City of Ames shall have no +s;: obligation to restore or compensate for the removal of fences, materials, structures or other obstructions to the exercise of the l easement right herein granted, r Witness our hands this "k,. day of Q'. sa PARTNERSHIP INDEPENDENT PRESS, INC. President Secret ' M PAGE 6 r y aq o1F1 hrornwu ono vmer nvrswe, qw.u,.� 4Pv convr.gvvvl�.oa n.n r.aw■ ....r r.q..... ... �.......�. pry y �. ,r, .. i an ■11 boUdla91 and improvatnents, in eompartios fo be approved by Mortgages In an amount not Men five ieU iweersbb velLrs sf eudt pBMenr1 property and 'mprevrnwwA a ar not too liven five anpaid 6a6rnce herein, whichevor amount it Imaller, with tacit iasoroace peroblo ro Ma"agon and Morrpagm as their interests may appear. Martinson shall pr-,npNy d.p ;; oval, pvlieiee Ath prop■r riders with the Mortgagee_ 4. REPAIRS TO PRQPifsTT. Mertgagarr %hall hoop the bulldilttlt and ether trnpro-emsnls on Sold pra+n%&* in se good repair end I �I condition as rams may now be or are hereafter placed, ordinary %roar and fear only excepted; and shell not sv4fw or commit+asie on or said security. i S. ATTORttMI Mrs. In taw of any eaHen, er In ally proeead;ngs in ally court, to r-elloet any suing payable or sac,red by this � mortpaoe.or to erataKr the Ilan at title herein of the Mortgsges, wr In any other care permitted by btu In vhich attorney few may be i iI�b f: •;rl State of Iowa, County of Story, ss. 1 On this day of ? Q 1 L�{c A. IS_�'—q, before f me, a Notary, personally appeared and , -- `- to me per:,nal)y known, ia(,io befog by me Band 'sworn, did say that they are the President and Seculy retary ingres b tie. d of r i:• :y'� the corporation executing the foregoing instrument; that (no seal has 1. . ., been procured by)(-the._.seal__affixed--t hereto- i3 the seal-of-) the corporation; that the instrument was signed (4 d-sealed) on behalf of ;f,•, corpoAj ration by authority of its Board of Directors; that i ¢;• ��ssrand _ acknowledged the execution it of th instrument to be the voluntary act and deed of the corporation, j voluntarily executed. 1 YR� Notary in an for lows .�(w1, Ni,uJ:;IYiION PI.ES S{'F r' i • 1 (�A ��4 t , r T. I„ i' I� t!i � '� M 640K �_� PAGE