HomeMy WebLinkAboutA002 - Council Action Form dated January 8, 2002 - cross-easement agreement ITEM #
DATE 01/08/02
COUNCIL ACTION FORM
SUBJECT: RESOLUTION APPROVING THE CROSS-EASEMENT AGREEMENT
BETWEEN THE OWNERS OF 200 (FORMERLY 208 STANTON) STANTON AVENUE,
207 STANTON AVENUE, 217 STANTON AVENUE, 225 STANTON AVENUE, 301
STANTON AVENUE, AND THE CITY OF AMES.
BACKGROUND:
A Minor Site Development Plan has been approved to allow the construction of a three
level parking ramp at 217 Stanton.. The parking ramp will provide parking spaces for the
seven-story apartment building currently under construction at 200 Stanton Avenue. As
part of the approval of the Minor Site Development Plan for 217 Stanton Avenue, the
property owner was required to provide to the City a copy of an easement agreement. The
easement is to verify the agreement for a joint access easement between the owners of
the properties at 207, 217, 225, and 301 Stanton Avenue. Currently all four parcels are
owned by Terra Firma, L.P.
Access to the different levels of the parking ramp are provided at three different locations.
Access to the lower level is provided on the east, directly from Stanton Avenue. Access
to the middle level is provided from the north, via an access drive that extends across 207
Stanton Avenue. Access to the upper level is provided from the south, via an access drive
that extends across 225 and 301 Stanton Avenue. Because the access drives to the
middle and upper levels extend across separate parcels, which could come under different
ownership in the future, it is necessary to establish a cross-easement agreement
guaranteeing continuous access to the ramp.
In general, the Cross-Easement Agreement contains the following provisions:
> Rights of ingress and egress for 207, 217, 225, and 301 Stanton Avenue;
Provisions identifying required parking spaces in the paring ramp at 217 Stanton
Avenue for use by residents of 200 Stanton Avenue;
Use provisions for the easement area;
A Maintenance responsibility of the drive improvements in the easement area; and
Numerous other provisions, including specifications stating that the cross-easement
agreement runs with the land, that the agreement cannot be rescinded without the
consent of the City, and other typical provisions found in an easement agreement.
Staff has reviewed the Cross-Easement Agreement and is satisfied that it meets the
requirements for a Cross-Easement Agreement. Copies of the Cross-Easement Agreement
and the Resolution approving the agreement are attached to this Action Form.
ALTERNATIVES:
1. The City Council can approve the attached Cross-Easement Agreement resolution
for the property owners at 200, 207, 217, 225, and 301 Stanton Avenue.
2. The City Council can deny the attached Cross-Easement Agreement resolution for
the property owners at 200, 207, 217, 225, and 301 Stanton Avenue.
MANAGER'S RECOMMENDED ACTION:
It is the recommendation of the City Manager that the City Council approve Alternative #1,
thereby approving the attached Cross-Easement Agreement resolution for the property
owners at 200, 207, 217, 225 and 301 Stanton Avenue.
COUNCIL ACTION:
Attachment
sftCouncil Action FormslCross Access Easements5217 Stanton Ave Parking Ramp.doc
'1
S P A C E A B 0 V E R E S E R V E 0 F 0 R 0 F F I C I A L U S E
PREPAREDay. Franklin J.Feilmeyer,618 Douglas Ave.,P.O.Box 270,Ames,IA 50010—Telephone:515-239-5000
EASEMENT AGREEMENT
KNOW ALL PERSONS BY THIS INSTRUMENT: This is an Easement Agreement by and between
Titleholder and the City,upon-the following terms and conditions:
1, DEFINITIONS. When used in this instrument,unless otherwise required by the context:
I.I. "Titleholder"means Terra Firma, L.P.,an Iowa limited partnership, having principal of-
fices located at 207 Stanton Avenue, P.O. Box 1099, in the City of Ames, in Story
County, Iowa.
1.2. "City" means the City of Ames, Iowa, an Iowa municipal corporation, having principal
offices located at 515 Clark Avenue,in the City of Ames,in Story County,Iowa.
1.3. "Owner" means the person who or entity that owns the fee simple title to a tract of land
and shall include the Titleholder and the 7aleholder's or future Owner's successors and
assigns.
I.A. "Parking Space"means an area used or intended for use as a place for parking of motor
vehicles of the dimensions required by the Zoning Ordinance of the City.
1.5. "Tract I"means the real property commonly known as 217 Stanton Avenue and legally
described as: The South 100 feet of Lot 1,Parker's Addition to the City of Ames, Story
County, Iowa, lying east of the west line of the right of way of the abandoned Fort
Dodge,Des Moines&Southern Railway Company.
1.6. "71,act IT'means the real property commonly known an 200 Stanton Avenue and legally
described as: Parcel"S" in Lot 17 in Parker's Addition to Ames, Story County, Iowa as
shown by the Plat of Survey recorded in the office of the Recorder of Story County on
October 9,2001,as Instrument N°01-13820.
1.7. "Tract Ili"means the real property commonly known as 207 Stanton Avenue and legally
described as: The North 97.5 feet of the South 197.5 feet of Lot 1,.Parker's Addition in
the City of Ames, Story County, Iowa, lying east of the west line of the right of way of
the abandoned Fort Dodge,Des Moines&Southern Railway Company.
1.8. "Tract 11P"means the real property commonly known as 225 Stanton Avenue and legally
described as: Lot 1,First Addition,Terra Firma Subdivision,Ames, Iowa.
1.9. "Tract V"means the real property commonly known as 301 Stanton Avenue and legally
described as: Lot 2,First Addition,Terra Firma Subdivision,Ames,Iowa.
1.10. "Parking Facility"means the parking ramp constructed on Tract 1 and includes all struc-
tural components except the commercial space contained therein.
1.11. "As adjusted by CPP' means the amount adjusted by the percentage change in the CPW
(U.S. City Average for all items, base period 1982-84=100) from the date of this instru-
ment to the most recent month for which data are available for the current year.
1.12. "Zoning Ordinance" means the ordinance of City enacted and now constituting chapter
29 of the Ames Municipal Code.
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EdSEMENTACREEMDU page 2
2. CIRCUMSTANCES & PURPOSE. The Titleholder owns Tract I, Tract 11, Tract III, Tract IV, and
Tract V in fee simple. There presently exists or will exist on Tract 1 a parking facility having at
least three-levels of parking(which may be referred to herein as the"Ramp") and a street-level
commercial space. There presently exists or will exist on Tract 11 an apartment building. There
presently exists on Tract 11/an office building. There presently exists on Tract IV and Tract V an
apartment building and duplex,respectively. In*order to satisfy certain requirements of the Citv's
Zoning Ordinance that relate to Parking Spaces, Titleholder now wishes to reserve for the Owner
easements for ingress,for egress,and for Parking Spaces.
3. SCOPE. Easement rights granted from or burdening a tract(a"servient estate")herein in favor of
another tract (a "dominant estate") shall be appurtenant to such dominant estate and shall pass
with title thereto, and such easement rights shall perpetually burden the servient estate. Easement
rights and burdens created herein shalt perpetually bind the Titleholder and any future Owner.
Easement rights created "on" a tract herein shall exist, without the necessity of repetition,"over,
upon,across,within,and under(usque ad coelum et ad inferos)"the areas specified hereinafter.
4. PARKING& ACCESS EASEMENT ON TRACT I(RAMP) FOR TACT I1(200 STANTON). Titleholder
does hereby reserve for Tract 17 and the Owner thereof the perpetual right to enter on Tract 1, in-
cluding specifically the right of ingress to, of egress from, and to use 48 Parking Spaces on park-
ing facilities (existing now or,in the future) on Tract 1, as shown on the attached drawing marked
"Exhibit A."
5. ACCESS EASEMENT ON TRAC'1II(207 STANTON) FOR TRACT I(RAMP). Titleholder does hereby
reserve for Tract I and the Owner thereof the perpetual right to enter upon Tract III,for ingress to
and egress from Tract I across an area 27 feet wide and parallel to the northwesterly boundary of
Tract III and the south 18 feet except the East 78.5 feet of Tract III, as shown on the attached
drawing marked"Exhibit A"
6. ACCESS EASEMENT ON 71ZAGTIV(225 STANTON) FOR 7*4CT1(RAMP). Titleholder does hereby
reserve for Tract 1 and the Owner thereof the perpetual right to enter upon Tract IV for ingress to
and egress from Tract 1 across an area not less than 20 feet wide and generally parallel to the west-
erly boundary of Tract IV and the North 20 feet of the South 67 feet of the West 2; feet of the east
128.7 feet of T-act IV as shown on the attached drawing marked"Exhibit A."
7. ACCESS EASEMENT ON TACT V(301 STANTON) FOR 7AACTI(RAMP). Titleholder does hereby
reserve for Tract I and the Owner thereof the perpetual right to enter upon Tract V for ingress to
and egress from Tract I across the North 20 feet of Tract V, as shown on the attached drawing
marked"Exhibit A."
8. MAINTENANCE. While the Titleholder is the sole owner of the tracts described herein, this para-
graph shall not apply. Any two or more Owners may enter into a separate agreement in writing
modifying their respective obligations under this paragraph. The rights and obligations created by
this paragraph are based on the relative use of each Owner of the respective servient estates by the
dominant estates. A failure by an Owner to maintain or to contribute to the maintenance of an im-
provement will impair the rights of other Owners in a manner for which there is not an adequate
remedy at law;therefore, any Owner may petition the Iowa District Court for an order directing
specific performance of the obligations created herein. "Maintenance" or "maintaining" herein
means and refers to all manner of maintenance and repair, including(but not limited to) seasonal
snow plowing, snow removal, sanding or other treatment of ice, and the replacement, patching,
and sealing of concrete and asphalt. Subject to the foregoing:
8.1. Easement on Tract 111(207 Stanton). The Owner of Tract /(Ramp) shall be solely re-
sponsible for maintaining the access drive located on Tract Ht and for all costs of main-
taining said access drive, including the replacement or reconstruction of said access drive
and any structural component.
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Anorneys at Law-Ames,Iowa
EASEMENTAGREEMENT Page 3
8.2. Easement on Tract IV(225 Stanton). The Owner of Tract IV (225 Stanton) shall be
solely responsible for maintaining the access drive located on Tract IV. The Owner of
Tract I shall pay monthly to the Owner of Tract IV twenty percent of the actual cost of
maintaining the access drive located on Tract IV. For purposes of this paragraph "main-
tenance" includes individual expenditures not exceeding $2,500.00 as adjusted by CPI.
The Owner of Tract IV and the Owner of Tract I shall agree in writing to individual ex-
penditures exceeding$2,500.00 as adjusted by CPI.
8.3. Easement on Tract V (301 Stanton). The Owner of Tract IV (225 Stanton) shall be
solely responsible for maintaining the access drive located on Tract V. The Owner of
Tract I shall pay monthly to the Owner of Tract IV twenty percent of the actual cost of
maintaining the access drive located on Tract V. The Owner of Tract V shall pay monthly
to the Owner of Tract IV five percent of the actual cost of maintaining the access drive
located on Tract V. For purposes of this paragraph "maintenance" includes individual
expenditures not exceeding $2,500.00 as adjusted by CPI. The Owner of Tract 1, the
Owner of Ract IV, and the Owner of Tract V shall agree in writing to individual "pen-
' ditures exceeding$2,500.00 as adjusted by CPI.
8.4. Easement on Tract I(Ramp)for Tract 11(200 Stanton). The Owners of Tract 1(Ramp)
and Tract 11(200 Stanton)shall be responsible for maintaining the Parking Facilities lo-
cated on Tract 1. The Owner of Tract 11(200 Stanton)shall pay monthly to the Owner of
Tact I sixty-five percent of the actual cost of maintaining the Parking Facilities, which
shall include the cost of maintaining access drives as described herein. The Owner of
Tract I and the Owner of Tract II shall agree in writing to individual expenditures ex-
ceeding$5,000.00 as adjusted by CPI or which are necessitated by the replacement or re-
construction of structural components.
9. CITY APPROVAI„ City approves the cross-easements herein as satisfying Cily's condition for
building permits and zoning approval. Titleholder agrees for 77deholder and for future Owners
that the easements described herein shall not be released, terminated, or the uses materially di-
minished without the consent of City.
10. TITLE WARRANTY. Titleholder warrants that Ttleholder holds said land by title in fee simple;
that said grantor has good and lawful authority to grant the easement rights herein provided for;
and that the described easement area is free and clear of all liens and encumbrances.
11. INTERPRETATION. Words and phrases used in this instrument shall be construed as in the single
or plural number, and as masculine,feminine or neuter gender, according to the context. This in-
strument shall be governed exclusively by and construed in accordance with the laws of the State
of Iowa. The paragraph headings in this instrument are for convenience only and in no way define
or limit the scope or intent of any provisions of this instrument.
IN WITNESS WHEREOF the undersigned has executed this instrument on 19 December 2001.
TERRA FIRMA,L.P.
BY: EV COCHRANE&ASSOCIATES,INC.,General Partner
David A. Keller,Vice President
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Attorneys at Law•Am=,Iowa
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EASEMENrAGREEHENT Page 4
STATE OF IOWA,COUNTY OF STORY,SS: On 19 December 2001,before me,the undersigned,a Notary Public in and for said
state,personally appeared David A.Keller,to me personally known,who,being by me duly sworn did say that the person is the Vice
President Of Ev Cochrane&Associates,Inc,,an Iowa business corporation,the corporate general partner of Terra Firma,L-P.,an Iowa
limited partnership,executing the foregoing instrument, that no seal has been procured by the corporation,that the instrument was
signed on behalf of the corporation as general partner of Terra Firma,L.P.,an Iowa limited partnership,by authority of the corpora-
tion's Board of Directors;and that David A.Keller as that officer acknowledged execution of the instrument to be the voluntary act
and deed of the corporation and limited partnership by it and by the officer voluntarily executed.
�VA.c ItIMBEt�I_Y A.ALOINC ER
r COMMISSION A NO.713435
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« • My COMMISSION 0019ES
town NOVEMBER S.20 D NOTARY PUBLIC
IN WITNESS WHEREOF the undersigned has executed this instrument on the day of
.200
CITY OF AMES,IOWA
BY: BY:
Ted Tedesco.Mayor Diane R.Voss,Clerk
STATE OF IOWA COUNTY OF STORY SS' On the day of 200 before me the undermined a Notary
Public in and for said state personally appeared Ted Tedesco and Diane R Voss to me personally known and who being,by me duly
sm-orr1 did salt that they are the Mayor and City Clerk respectively of the City of Ones lowam that the seal affix to the f=oine
instrument is the comorate seal of the municipal corporation.and that the instrument was signed and scaled oo behalf of the municipal
ccoM2 tion,by authority of its City Council Is contained in the Rgsglution N4 adopted by the City Council on the
day of .200 .and that TW Tedesco and Diane R.Voss acknowledged the execution of the instrument to be
their voluntary act and deco and the voluntary act and deed oftheSQpr oration by it voluntarily executed.
NOTARY PUBLIC
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EP#95013.03 - RDL- Dec.19.2WI
Exhibit "A" EFENGINEERING PLUS, INC.
Parking Easement - 200 Stanton Ames.Iowa 515-232-8553
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