HomeMy WebLinkAboutA001 - Council Action Form dated May 9, 2000 ITEM # i
DATE 05/09/00
COUNCIL ACTION FORM
SUBJECT: RESOLUTION APPROVING THE CROSS-EASEMENT AGREEMENT
BETWEEN THE OWNERS OF THE SOUTHGATE SQUARE CONDOMINIMUM, THE
RICHARD H. SEVDE TRUST, AND THE CITY OF AMES.
ACTION FORM SUMMARY: As part of the approval of the Planned Commercial (P-C)
Plan for the Country Inn and Suites at 2609 Elwood Drive, the property owner was required
to provide to the City a copy of an easement agreement. This easement is to verify the
agreement for a joint access easement between the owners of the property at 2609
Elwood and the owners of the property at 2515 Elwood. This joint access easement is to
fulfill a plat restriction and previous P-C Plan condition for the respective properties.
BACKGROUND:
The owners of the property at 2609 and 2515 Elwood Drive have agreed to enter into a
joint access easement agreement for their respective properties. This joint access
easement agreement is being used to accomplish the plat restriction and P-C Plan
condition that limits access from Elwood Drive for these properties. This drive location is
to be 50 feet wide on either side of the property line between Lot 4 and Lot 5 of the
Oakwood Second Addition.
The drive access restriction is designed to limit the number of driveway openings along the
Elwood Drive arterial corridor. The proposed Cross-Easement Agreement contains a
provision that the agreement cannot be approved without the consent of the City.
Therefore, with this provision, the City must approve the Cross-Easement Agreement
initially.
ANALYSIS:
The owners of the Southgate-Square office condominium and the owners of the property
where a new developing motel facility is being constructed have created and signed the
Cross-Easement Agreement. In general, the Cross-Easement Agreement contains the
following provisions:
• Rights of ingress and egress for the Southgate Square Office Condominium, The
National Farmers Organization (NFO), and the owners of the property where the
new motel is being constructed (Sevde's);
• Use provisions for the easement area;
• Provision for the development of an easement area plan;
• Determination of responsibility for the installation for the drive improvements in
the easement area;
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• Determination of the responsibility for the maintenance of the drive improvements
in the easement area; and
• Numerous other provisions that specifies that the easement agreement runs with
the land, that the agreement cannot be rescinded without the consent of the City,
notice provisions, and other typical provisions found in an easement agreement..
STAFF COMMENTS:
Staff has reviewed the Cross-Easement Agreement and is satisfied that the access
restriction that provides the basis for the joint driveway and the condition on the previously
approved P-C Plan are accomplished by this Cross-Easement Agreement.
ALTERNATIVES:
1. The City Council can approve the Cross-Easement Agreement between Southgate
Square Condominium, the Richard Sevde Trust, and the City of Ames.
2. The City Council can deny approval of the Cross-Easement Agreement between the
Southgate Square Condominium, the Richard Sevde Trust, and the City of Ames.
3. The City Council can approve the Cross-Easement Agreement between the
Southgate Square Condominium, the Richard Sevde Trust, and the City of Ames with
modifications.
MANAGER'S RECOMMENDED ACTION:
It is the recommendation of the City Manager that the City Council adopt Alternative #1.
This action will approve the Cross-Easement Agreement between the Southgate Square
Condominium, the Richard Sevde Trust, and the City of Ames. This will accomplish the
objective of restricting access along this segment of Elwood Drive, and also accomplish
the condition placed on the approval of the P-C Plan for the motel that is under
construction on Lot 5.
COUNCIL ACTION:
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