HomeMy WebLinkAboutA001 - Council Action Form dated November 12, 2002 ITEM # /D
DATE 11/12/02
COUNCIL ACTION FORM
SUBJECT: RESOLUTION APPROVING THE CROSS-EASEMENT AGREEMENT
BETWEEN THE OWNER OF PROPERTY AT 500, 504 AND 508 LINCOLN WAY, THE
OWNER OF PROPERTY AT 516 LINCOLN WAY, AND THE CITY OF AMES.
BACKGROUND:
Approval of a Minor Site Development Plan for the commercial property improvements at
500, 504 and 508 Lincoln Way is subject to the approval of a cross-easement agreement
between the subject property and the property located directly to the west at 516 Lincoln
Way. The easement allows ingress and egress to and from the property at 516 Lincoln
Way across a portion of the subject property that measures 13 feet by 35 feet (see
attached graphic).
Staff has reviewed the cross-easement agreement and is satisfied that it meets the
requirements for a cross easement between the two private property owners and the City
of Ames. A copy of the cross-easement agreement is attached to this Council Action Form.
ALTERNATIVES:
1. The City Council can approve the attached cross easement agreement resolution
between the owner of property at 500, 504 and 508 Lincoln Way, the owner of
property at 516 Lincoln Way, and the City of Ames.
2. The City Council can deny the attached cross-easement agreement resolution for the
owner of property at 500, 504 and 508 Lincoln Way, the owner of property at 516
Lincoln Way, and the City of Ames.
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 owner of
property at 500, 504 and 508 Lincoln Way.
COUNCIL ACTION:
Attachments
s:\Council Action Forms\Cross Access Easements\508 Lincoln Way 11-12-02.doc
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DO NOT WRITE IN THE SPACE ABOVE THIS LINE,RESERVED FOR RECORDER
Prepared by:James Brewer,Attorney at Law,P.O.Box 847,Ames,Iowa 50010(Phone: 515-232-1761)
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Address Tax Statement To:Frank Rankin,P.O.Box 1771,Ames,Iowa 50010
EASEMENT
This Easement made this day of , 2002, by and
between the City of Ames, Iowa, Frank Rankin and Real Estate, Inc.
WHEREAS, Frank Rankin is the owner of the following-described real estate:
Part of Lots 1, 2, and 3 of Block "A" in Black's 3' Addition to the City of
Ames, Iowa and the East 180 feet of the vacated East-West alley in
Block "A" of Black's 31 Addition to Ames, Iowa, being more particularly
described as follows:
Beginning at the Northeast corner of Lot 8 in Black's 31 Addition; thence
N89129'07"W along the North line of said Lot 8 a distance of 180 feet;thence
N00°00'00"E a distance of 192.5 feet to a point on the South Right-of-Way
(ROW) line of Lincoln Way; thence N88°09'33"E along said South ROW
line a distance of 26.67 feet;thence N85°54'21"E along said South ROW line
a distance of 79.68 feet; thence S89°29'07"E along said South ROW line a
distance 53.86 feet to a point on the West ROW line of South Walnut
Avenue;thence S44°44'34"E along said West ROW line a distance of 28.41
feet; thence S00°00'00"W along said West ROW line a distance of 180 feet
to the point of beginning. Said tract contains 0.81 acres, more or less,
hereinafter referred to as Parcel "A"; and
WHEREAS, Real Estate, Inc., is the owner of the following-described real estate:
Lot 4 of Block "A," Black's Third Addition to Ames, Iowa,
hereinafter referred to as Parcel "B"; and
WHEREAS,the City of Ames,as a condition precedent to the issuance of a building
permit for Parcel "A," requires that Frank Rankin convey an easement for ingress and egress over
Parcel "A" in favor of Parcel "B."
THEREFORE, in consideration of One Dollar($1.00) and other good and valuable
consideration, the parties hereto agree as follows:
Frank Rankin does hereby convey to Real Estate, Inc., its heirs and assigns, an
easement for ingress and egress to and from Parcel"B"over and across the West 13 feet of the North
35 feet of Parcel "A." The easement shall run with the land.
Executed at Ames, Iowa, this day of , 2002.
CITY OF AMES, IOWA
By
Ted Tedesco, Mayor
Attest By
Diane Voss, City Clerk
4",- L A2'- -�=k
REAL E ATE,INC.
Frank Rankin
By
President
B (2- ,Q
Y
Secretary
STATE OF IOWA )
)ss:
COUNTY OF STORY )
On this day of ,2002,before me,the undersigned,
a Notary Public in and for the State of Iowa,personally appeared Ted Tedesco and Diane R. Voss,
to me personally known, and, who, being by me duly sworn, did say that they are the Mayor and
City Clerk,respectively,of the City of Ames,Iowa;that the seal affixed to the foregoing instrument
is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of
the corporation, by authority of its City Council, as contained in Resolution No.
adopted by the City Council on the day of ,and that
Ted Tedesco and Diane R.Voss acknowledged the execution of the instrument to be their voluntary
act and deed and the voluntary act and deed of the corporation,by it voluntarily executed.
Notary Public in and for the State of Iowa
STATE OF IOWA )
)ss:
COUNTY OF STORY )
On this /(::�" day of o�c4oL ,2002,before me,the undersigned,
a Notary Public in and for the State of Iowa,personally appeared Frank Rankin,to me known to be
the identical person named in and who executed the within and foregoing instrument, and
acknowledged that he executed the same as his voluntary act and deed.
JEANNIE�TOLEE N tary Public in and for the State of Iowa
SAL
e s� COMMISSION#137834
* MY COMMISSION EXPIRES
STATE OF IOWA )
)ss:
COUNTY OF STORY )
On this�day of Qc-4 c,� ,2002,before me,the undersigned,
a Notary Public in and for the State of Iowa,personally appeared �'o/wca.^ol L, .�e.,��,LK and
L Aev.d"--E -h ,to me personally known,who,being by me duly sworn,did say that
they are the President and Secretary, respectively, of said corporation executing the within and
foregoing instrument; that no seal has been procured by the said corporation; that said instrument
was signed on behalf of said corporation by authority of its Board of Directors; and that the said
4,. ��,�„�fc,r�,,, and F� r� 1, j f e',,,,j 4,-,,",as such officers,acknowledged
the execution of said instrument to be the voluntary act and deed of said corporation, by it and by
them voluntarily executed.
W
JEANNIE A. STOLEE otary Public in and for the State of Iowa
oCOMMISSION#137834
x MY COMMISSION EXPIRES