HomeMy WebLinkAboutA003 - Council Action Form dated August 25, 2015 ITEM # 18
DATE: 08-25-15
COUNCIL ACTION FORM
SUBJECT: RESOLUTION ACCEPTING AN AMENDMENT TO UTILITY RIGHT OF
WAY PERMIT AND EASMENT AT 1817 EAST LINCOLN WAY
BACKGROUND:
In 2012, the property at 1817 East Lincoln Way was affected by the placement of a
large electric pole that was installed with the 131 Kv line project. The new electric pole
placement now blocks the view of the existing business sign on the property. The
electric easement runs along the eastern boundary of the property and a utility
easement runs along East Lincoln Way (south frontage). Since the current sign has
been obstructed, the City would like to allow for placement of a sign in the existing utility
easement area.
The current sign is located in an existing utility right of way permit and easement that
was granted to the City in March 1990. Amending the utility easement would allow for
the erection of a new sign in this area with the permission of the City and an approved
sign permit application. This amendment is consistent with the recent electric easement
on the east side of the property that was acquired in 2012. A map of the easement
areas and the amended easement document are in Attachment A.
ALTERNATIVES:
1 Accept the amended easement at 1817 East Lincoln Way.
2. Reject the easement agreement.
MANAGER'S RECOMMENDED ACTION:
By amending the easement, the property owner will be allowed to erect a sign in the
area, but only with approval of the City as well as an approved sign permit application.
Placement of the sign will not interfere with use of the easement.
Therefore, it is the recommendation of the City Manager that the City Council adopt
Alternative No. 1, as stated above.
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Attachment A Ak
1817 E. Lincoln Wayscale: 1 in = 50 ft
Area Map NORTHDate:8/17/2015
Attachment A
DO NOT WRITE ABOVE THIS LINE;RESERVED FOR RECORDER
Prepared by: Jessica D.Spoden,Legal Dept.,City of Ames,515 Clark Ave.,Ames,IA 50010;515-239-5146
Return to: Ames Ci1y Clerk 515 Clark Ave. P.O.Box 811 Ames IA 50010
AMENDED UTILITY RIGHT OF WAY PERMIT AND EASEMENT
This document amends the Utility Right of Way Permit and Easement filed as
Instrument No. 05881 on March 14, 1990,in the office of the Story County Recorder.
THE UNDERSIGNED, Ely's 1817 E. Lincoln Way Property, L.C. and Hested Cornwell,
L.C. (hereinafter called Grantors), their successors and assigns, for good and valuable
consideration, receipt of which is hereby acknowledged, do grant to the City of Ames, Iowa, a
municipal corporation (hereinafter called Grantee), its successors and assigns,the perpetual right
to construct,reconstruct,maintain and use a storm sewer, sanitary sewer,water and electric lines,
consisting of poles, wires, cables, conduits, fixtures, anchors and other similar equipment,
including the right to trim or remove trees within such area where necessary to secure a clearance
of 4 feet from the wires or poles, and a right of access for equipment and vehicles,together with
the right to extend to telephone, telegraph, television or gas companies the right to use separately
or jointly with the City of Ames the areas included in this easement for the purposes above
enumerated, over, upon, across or under the following described real estate, situated in the
county of Story, state of Iowa,to-wit:
Beginning at a point 672.5' east and 63' north of the SW cor. SE'/4 See. 1 T83N
R24W of the 51h P.M. Story County, Iowa; thence east 168% thence north 50%
thence west 168%thence south 50' to the point of beginning.
It is further promised by Grantors that there shall be no construction or erection of any
building or structure on the described land or at any other place where any part of such structure
will be closer to the said wires, conduits, cables, etc., than is allowed by the National Electric
Safety Code, ANSIC-2 or over a gas, water or sewer main. Fences and materials storage is
permitted, but removal will be on prompt request of the Grantee for exercise of rights herein
stated. Installation of signage is permitted, but requires prior consent of the Grantee and an
approved permit through the City of Ames, and removal will be on prompt request of the
Grantee for exercise of rights herein stated. Grantee shall not be responsible for any damage
caused to any fence,material storage, or signage due to the exercise of rights herein stated.
The foregoing rights are granted upon the express condition that the City of Ames will
assume responsibility for all damage to the above described property caused by the City's failure
to use due care in the exercise of its granted right.
Dated this 13 t'' day of At, g c,.S' 72015.
GRANTOR GRANTOR
Ely's 1817 E. Lincoln Way Property,L.C. He Cornwel C.
J es Cornwell
q'?eAdE?
.�Ely
STATE OF IOWA,COUNTY OF STORY,ss: Gary Heste
This instrument was acknowledged before me on
AI_ r,,,r.} !3 , 2015, by Mildred E. Ely, owner of Mike Frisk
Ely s 1817 E.Lincoln Way Property,L.C.
f STATE OF IOWA,COUNTY OF STORY,ss:
otary Public in and for the State of Iowa
This instrument was acknowledged before me on
, 2015, by James E. Cornwell, Gary
Hes d, and Mike Frisk, owners of Hested Cornwell,
?��nc JEAf�lidlE A. STG�EE a L.C.
COMMISSION It 137034
1:9Y COMMISSION E:PfRES
qa;`Pu-b::*1ic in and for the State of Iowa
IAL JEANNIE A. STOLEE y
aAl' `� COMMISSION#137834
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