HomeMy WebLinkAboutA002 - Council Action Form dated April 28, 2009 ITEM # 13
DATE 04-28-09
COUNCIL ACTION FORM
SUBJECT: EASEMENT AGREEMENT FOR TRAFFIC SIGNAL AT BLOOMINGTON
AND STANGE
BACKGROUND:
According to the developer's agreement associated with the platting of the Uthe Farm
located north of Bloomington Road and west of the Union Pacific Railroad (UPRR), the
developer is responsible for installation of all improvements specified b the agreement.
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This includes widening a portion of Bloomington Road along the southern edge of the
development into a four-lane roadway and signalizing the intersection of Bloomington
Road and Stange Road.
In order to maintain the current standard for roadside clearance, the traffic signal poles
must be at least ten feet behind the curb. There is sufficient right-of-way at three of the
corners at Bloomington Road and Stange Road to meet this safety requirement.
However, the southwest corner will require a permanent easement for the fourth and
final signal pole.
Considering all of the improvements at the intersection of Bloomington Road and
Stange Road are the responsibility of the developer, there will be no cost to the City of
Ames when accepting this easement.
ALTERNATIVES:
1. Approve the easement agreement with Taylor Family Limited Partnership.
2. Reject the easement agreement, and direct staff to pursue other alternatives.
MANAGER'S RECOMMENDED ACTION:
The easement agreement has been signed by the representative of Taylor Family
Limited Partnership, which was secured by the developer in order to meet the safety
standards of the City of Ames.
It is the recommendation of the City Manager that the City Council adopt Alternative No.
1, thereby approving the easement agreement with Taylor Family Limited Partnership.
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EASEMENT
That TAYLOR FAMILY LIMITED PARTNERSHIP. an lowa limited partnership
t rr,.arttc�r for �!oorl ar€tip valuable consideration, receipt of'w'hich is hereby ackncavv"lecdawc;cd, cdc�cs
herc by=-Iraatat;urrtc>tlae CTI'Y OF ANIES, 1L.}°4'tr'A,a rtttrr661,,Xll Corporation,its succc ss«t:s and assigns
4 t r'etr7tcc""I,the perpetual ri,gltt,to construcL reconstruct.rriaginta€in,repair and trse tttilitV SerV ices artct
apparatus upon, tmdcr�groujtad, rrwr or a ro,", the 661lox\i€a—do°sc°ribed real estate:
The North Ten (I ) 1`c et of the. last Ten (,10) fQet of"Parcel el "-K— of the North 1 a€lf"
(M'z) of the Southeast Quarter (Sl.1,4) in Section Twenty-eigght (28). Township
l igl ty-four( 4) .North. d' ttrgc:'d"wenty-four( 4) West of the 5"'1'AM- Ames. Story
Coulitsl, lc wa,as shown on the"Plat of a€°vec— €ied in the office ot'dic Recorder of
Star} (°otmty lovva on March 7. 2000, ,is Instrument No. 00mt9'145 in Slide 59 at
Page 4l
(the."Easement Area"').
The: casement rights granted herein are roc{ttexclt sine and sltartl not preclude(_iramor from
granting,, similar easement rip,hts to third I:aarties upon terrtas a€€r:d conditions that do not Impair or
clintirtish the rights granted herein to Grantee,
t' aa:ntor resci-v s parrs a n all rights t()t°Otttittt€c 10 trse.arrrcl enjoy the dtrcxncm burcl €tc:cl by the
zorant of this casement for any and all ptirposes that do not unreasonably interfere ",itli or interrupt
Grautee's & or citjoyrnent ofthe Easeinetlt Area.
ITIQ rive going rights are granted upon the oxprcss condition that the Grante4 Nvill assijuic
liability for all damage to the real estate described herein -and any adjacent real estate caused by the
f-likil-C to Use due care iii the exercise of the gratited rights.
Dated this ! day of April, 2009
TAYLOR FAMILY 1,11MITED PARTNERSHIP
BY: ---—-------------------
4;)or. ct�eral Partner
SIATF, OF 10%VA, STORY COUNTY SS-
I'his instrument was acknowledged before me on this,,e day of Apri 1.1-009..by Jeff Taylt.,)r
as the Ciencral Partner of'l'avl(-,,)r Family Limited flartnership-,
Notary,- Public in and for the State of lo,�va
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4 OIS-10 _S
MY COMMISSION EXPIRES
OWA APE 4 APRIL 24 2011
NE 7
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