HomeMy WebLinkAboutA003 - Letter dated April 4, 2003 to MCC from City Attorney Legal Department
515 Clark Avenue,P. O.Box 811
Caring Peopk
O-W&YPmgrww Ames,IA 50010
=ePNonW Service Phone: 515-239-5146 • Fax: 515-239-5142
April 4, 2003
The Honorable Ted Tedesco, Mayor
And Members of the City Council
Of The City of Ames, Iowa
Re: Agreement and Easement for City Use at a Privately Owned Storm Water Detention Pond
Dear Mayor Tedesco and Council Members:
When the City Council approved the final plat of Hach Subdivision Second Addition it was
contemplated that the City would have the use of an oversized storm water detention pond to be
constructed on Lot 1 of that subdivision. (See the attached Council Action form of 1/14/03.) On the
Council's agenda of April 8 is a proposed agreement and easement instrument prepared by the attorney
for the land owners by which the City could acquire the use of 8 acre/feet of capacity in that storm
water detention pond. The arrangements will be perpetual upon the City's payment of$115,000.00
as consideration for the granted rights.
Under the terms of the agreement the City will have control over any future grading of the easement
area,and no additional storm water conduits to the detention basin can be installed without the City's
consent. The City is responsible for erosion control on the shoreline,outlets and emergency spillway.
Mowing and landscape maintenance is the responsibility of the land owner.
These arrangements and the purchase price are deemed appropriate by the City staff. A resolution to
approve the agreement and accept the easement in the form that has been tendered is recommended.
Yours truly,
John R. Klaus
City Attorney
JRK:dls
Encl.
ITEM #
DATE 01/14/03
COUNCIL ACTION FORM
SUBJECT: RESOLUTION APPROVING THE FINAL PLAT FOR HACH SUBDIVISION
SECOND ADDITION.
BACKGROUND:
The property owners are requesting that the Final Plat for Hach Subdivision Second
Addition be approved.
The property in question includes one existing lot at the northwest corner of Bell Avenue
and East Lincoln Way. The entire area of the Hach Subdivision Second Addition includes
9.54 acres. The property is currently zoned "GI" (General Industrial District).
The applicants are proposing to subdivide the 9.54-acre site into two lots(see attached plat
drawing). Lot 1 will be 6.29 acres and will contain a detention pond for utilization as an
area-wide detention facility. Lot 2 will be 3.25 acres and will be available for future
industrial development.
With this Final Plat, the property owners are granting an easement to the City of Ames to
allow for the maintenance of the shorelines, storm sewer outlets, and emergency spillway
for erosion control only, within the detention pond on Lot 1. The property owner will be
responsible for mowing and any other maintenance of Lot 1.
Vehicular access to both lots will be provided from Bell Avenue. Lot 2 has frontage and
access along Bell Avenue. Lot 1 has frontage along East Lincoln Way, however, no
vehicular access will be permitted to Lot 1 from East Lincoln Way. Access to Lot 1 will be
provided from Bell Avenue, across Lot 2,via a cross-access easement. The applicant has
submitted the required cross-access easement documents.
There are no public improvements to be installed with this Final Plat, as public sewer and
water are already installed, Bell Avenue and East Lincoln Way are existing streets,and the
City Council has previously granted a waiver to the requirement for the construction of
sidewalks along Bell Avenue and East Lincoln Way with the approval of the Hach
Subdivision First Addition.
As a result of this review, staff has determined that the Final Plat for Hach Subdivision
Second Addition should be approved.