HomeMy WebLinkAboutA001 - Council Action Form dated February 23, 2010 ITEM # 15a-c
DATE: 02-23-10
COUNCIL ACTION FORM
SUBJECT: EASTWOOD APARTMENT COMPLEX EASEMENTS & AGREEMENTS
BACKGROUND:
The Eastwood Apartment complex property at 420 East 7t" Street is being sold to
another investor. While the buyer was conducting research in preparation for the sale, it
was discovered that the existing water main easement.through the property needed to
be corrected to match the field location of the water main. The City's Right of Way
�j Permit and Easement dated December 30, 1996, as filed January 2, 1997 in the
��Story County Recorder's Office, must be revised as shown on the attached
drawings.
In preparing this revised easement, it was also discovered that there were two locations
where public sewers were installed on the property in the 1940's that did not have
corresponding easements. These new easements are also shown on the attached
drawings.
In addition, it was also found that the existing Utility Easement and Fill Agreement
obtained in 1996 for Water and Pollution Control activities needs to be amended and
corrected. The primary purpose of that agreement was to conduct a land reclamation
project using lime residuals from the Water Treatment Plant to fill a low-lying area
between the apartment complex and the City's lime storage lagoons. The top five feet of
topsoil was removed from the reclamation area and 12 to 15 feet of lime residuals were
placed into the depression. The topsoil was then returned as a cap over the top of the
lime, the area was reseeded with native grasses and some small shrubbery, and a new
fence was installed around the property line between the apartments and the lime
lagoons. In consideration of granting the easement and agreement, Eastwood
Apartments was compensated $13,500. All lime fill work was essentially complete by
1999, and no additional disposal has taken place in the easement area since the
conclusion of the original project. The City has no plans for future lime disposal in
the easement area, and the request by the property owners for an agreement
modification terminating the City's right for any future lime disposal is consistent
with the intent of the original agreement.
The document also included a utility easement for water main infrastructure in the fill
easement area which needs to be corrected to reflect the actual location of the raw
water line that was installed in 2009. The Utility Easement and Fill Agreement for
Disposal of Lime Softening Residual from Water Treatment dated July 23, 1996,
as filed in the Story County Recorder's Office must also be revised as shown on
the attached drawings to accommodate the raw water line.
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ALTERNATIVES:
1. a. Correct the City of Ames Right of Way Permit and Easement dated December
30, 1996, filed January 2, 1997 as Inst. No. 97-00081 in the Story County
Recorder's Office, as noted. 110ri
b. Accept the new 20' City of Ames Public Utility Easement and 20' Sanitary Sewer
Easement, as noted.
c. Amend the Utility Easement and Fill Agreement for Disposal of Lime Softening
Residual from Water Treatment dated July 23, 1996, filed July 25, 1996 as Inst.
No. 96-07687 in the Story County, Iowa Recorder's Office to terminate the City's
right for future lime disposal. \rq9$
d. Correct the Utility Easement and Fill Agreement for Disposal of Lime Softening
Residual from Water Treatment dated July 23, 1996, filed July 25, 1996 as Inst.
No. 96-07687 to provide for the 20' Untreated Water Line Easement, as noted.
MANAGER'S RECOMMENDED ACTION:
The existing easements are being corrected to correspond with the existing locations
where the respective utilities were previously installed. The lime fill activities were
completed in 1999, ending the need to continue the City's right for future lime fill.
Therefore, it is the recommendation of the City Manager that the City Council adopt
Alternative No. 1, thereby correcting the City of Ames Right of Way Permit and
Easement dated December 30, 1996, filed January 2, 1997 as Inst. No. 97-00081 in the
Story County Recorder's Office, as noted; accepting the new 20' City of Ames Public
Utility Easement and 20' Sanitary Sewer Easement, as noted; amending the Utility
Easement and Fill Agreement for Disposal of Lime Softening Residual from Water
Treatment dated July 23, 1996, filed July 25, 1996 as Inst. No. 96-07687 in the Story
County, Iowa Recorder's Office to terminate the City's right for future lime disposal; and
correcting the Utility Easement and Fill Agreement for Disposal of Lime Softening
Residual from Water Treatment dated July 23, 1996, filed July 25, 1996 as Inst. No. 96-
07687 to provide for the 20'.Untreated Water Line Easement, as noted.
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