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HomeMy WebLinkAboutA004 - Council Action Form dated January 8, 2002 Q ITEM # u 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; ➢ 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including specifications stating that the cross-easement agreement runs with the land, that the agreement cannot be rescinded without the consent of the City, and other typical provisions found in an easement agreement.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 s:\Council Action Forms\Cross Access Easements\217 Stanton Ave Parking Ramp.doc 2