HomeMy WebLinkAboutA002 - Council Action Form dated August 14, 2001 ITEM # 37
DATE 08/14/01
COUNCIL ACTION FORM
SUBJECT: APPROVAL OF A REMOTE PARKING AGREEMENT FOR 304 AND 309
LYNN AVENUE.
BACKGROUND:
The multifamily property located at 309 Lynn Avenue currently has a remote parking
agreement in place, which designates 11 parking spaces at 304 Lynn Avenue for use by
residents at 309 Lynn Avenue. The property owner is in the process of completing a
parking lot expansion at 309 Lynn Avenue, which will provide six additional parking spaces
on-site, therefore, reducing the need for remote parking at 304 Lynn Avenue from 11
spaces to five spaces.
The agreement formalizing this parking easement has been reviewed by the City Attorney
and is attached for City Council approval.
ALTERNATIVES:
1. The City Council can approve the attached parking easement for the property owner,
Ev Cochrane, for property located at 304 and 309 Lynn Avenue.
2. The City Council can deny the attached parking easement for the property owner, Ev
Cochrane, for property located at 304 and 309 Lynn Avenue.
MANAGER'S RECOMMENDED ACTION:
It is the recommendation of the City Manager that the City Council approve Alternative#1,
thereby approving the attached parking easement for 309 Lynn Avenue with five (5) remote
parking spaces to be provided at 304 Lynn Avenue.
COUNCIL ACTION:
DO NOT WRITE IN THE SPACE ABOVE THIS LINE,RESERVED FOR RECORDER
Prepared by: John R.Klaus,City of Ames Legal Department,515 Clark Avenue,Ames,Iowa 50010(Phone: 515-239-5146)
Address Tax Statement To:Ev Cochrane and Associates,207 Stanton,Ames,Iowa 50014
PARKING EASEMENT
Terra Firma,L.P., as Grantor,its successors and assigns,in consideration of One dollar and
other good and valuable consideration in hand paid, do.hereby grant to the City of Ames, Iowa,
Marjorie L. Cochrane, Michelle Cochrane, Everett W. Cochrane II, and Everett W. Cochrane III,
their successors and assigns,the perpetual right, title and easement to park or direct and permit the
parking of not more than five motor vehicles of the tenants and invitees of the tenants of an
apartment building on land described as:
Sublot One(1) in H.T. Hill's Subdivision of Lot Eight(8), Parker's Addition to the
City of Ames, Story County, Iowa
(Said real estate being locally known as 309 Lynn Avenue) in the lawfully established parking
spaces on land described as:
Parcel"A", a part of Lots One(1) and Two(2)in Gray and Cessna's Subdivision,in
the City of Ames, Story County, Iowa
located at 304 Lynn Avenue.
The five parking spaces provided for hereunder shall at all times be clearly marked as
pertaining to 309 Lynn Avenue by the Grantor and the Grantor shall maintain the said spaces and
access routes to and from the spaces ill a passable and usable condition,clear of snow accumulation,
ponded water,brush,weeds, or other conditions that could impede or discourage use of the spaces.
If said rights and obligations are defeated,annulled or undone through any event or process,
Grantors shall nevertheless be bound hereby to Grantees to acquire and provide replacement parking
rights under the same terms at a site within 300 feet of the building or buildings on the residential
premises at 309 Lynn Avenue, Ames, Iowa.
The foregoing shall not be released abandoned or conveyed except b resolution of the Ames
g g Y p Y
City Council.
Inconsideration of this easement,the Grantee City of Ames does hereby release and abandon
the easement filed for record as Instrument No. 21163 on November 2, 1993 in the office of the
Story County Recorder.
GRANTEE GRANTOR
CITY OF AMES, IOWA TERRA FIRMA, L.P.
C
By: t, By:
Ted Tedesco, Mayor Date Everett W. Cochrane Date
By:
Diane Voss, City Cleric Date
STATE OF IOWA,STORY COUNTY ss: STATE OF IOWA,STORY COUNTY ss:On this day of On this day of �/T v4
2001,before me,a Notary Public in and for the State of Iowa, 2001, before me, the undersigned, a Notary PVerett
is in and
personally appeared Ted Tedesco and Diane R.Voss,to me for the State of Iowa, personally appeared W.
personally known, and,who,being by me duly swom,did Cochrane III, to me personally known, who being by me
say that they are the Mayor and City Clerk,respectively,of duly sworn did say that he is the Vice President of Ev
the City of Ames,Iowa;that the seal affixed to the foregoing Cochrane& Associates, Inc., the General Partner of Terra
instrument is the corporate seal of the corporation,and that Firma, L.P., an Iowa limited partnership, executing the
the instrument was signed and sealed on behalf of the foregoing instrument, that the instrument was signed on
corporation,by authority of its City Council,as contained in behalf of the corporation as General Partner of Terra
Resolution No. adopted by the City Council on Firma, L.P., an Iowa limited partnership, by authority of
the day of , 19_,and that Ted the corporation's Board of Directors;and that Everett W.
Tedesco and Diane R.Voss acknowledged the execution of Cochrane III as that officer acknowledged execution of the
the instrument to be their voluntary act and deed and the instrument to be the voluntary act and deed of the
voluntary act and deed of the corporation,by it voluntarily corporation and limited partnership by it and by the officer
executed. voluntarily execute
Notary Public in and for Story County.Iowa tary Public in an/for the State of Iowa
RUSS K McCULLOUGH
Cochrane Parking Easement-060501
rev.072301