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Home My WebLink AboutA001 - Council Action Form dated February 14, 2012 ITEM # 10 DATE: 02-14-11 COUNCIL ACTION FORM SUBJECT: EASEMENT FOR 2010/11 DOWNTOWN STREET PAVEMENT IMPROVEMENTS PROJECT (KELLOGG AVENUE — MAIN STREET TO 7TH STREET, AND MAIN STREET — ALLAN DRIVE TO CLARK AVENUE) BACKGROUND: The annual Downtown Street Pavement Improvements program is for rehabilitation/reconstruction of streets within the downtown area. The 2010/11 program locations are Kellogg Avenue (Main Street to 7t" Street) and Main Street (Allan Drive to Clark Avenue). On April 12, 2011 , Council awarded the contract to Con-Struct, Inc. of Ames, Iowa, in the amount of $1,446,369.00. The Main Street portion of the project includes installation of new water main and the transfer of the existing water services onto the new water main. During construction, it was determined that due to utility conflicts on the south side of the street, a fire hydrant needed to be relocated to maintain fire protection. A permanent easement is required to provide a safe and cost effective location for the new fire hydrant location. This easement is being granted by the owners to the City at no cost. The location is shown on the attached sheet. ALTERNATIVES: 1 Approve the easement agreement with the Main Street Station II, LLC. 2. Reject the easement agreement. MANAGER'S RECOMMENDED ACTION: By approving the easement agreement, construction on the project in the area will continue to remain on schedule for completion early this summer, and adequate fire protection for the area will be maintained. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1, thereby approving the easement agreement with the Main Street Station II, LLC. r I A'1�'a�"Yr"°'�tli► Mrs •� o .. ww I ) rS • 52' .�! 50 5 50' 1543_- '..&"3U1 M,azz�533-35- . Y _ MAINST Easement Area 5001 5 80' 46 r` " 5 4 3 2 .we - _ - Geographic Information System(GIS)Product Disclaimer:City ofAmes GIS map data does not replace or modify land surveys,deeds,and/or other legal Instruments defining land....rshlp a,d land use nor does it replace field surveys of utilities or other features contained in the data.All f...—rsp...-d in this product should be field v nfied.This Product is provided'..is"without waranly or any representation of accuracy,timeliness or completeness.The burden for determining accuracy,completeness,timeliness,merchantability and fitness for or the appmpdats-ss for use rests solely on the User. Easement Area for 10/11 Downtown Pavement Title: Improvements A& Scale: 1 in = 50 ft Main Street Station 11, LLC NORTH Date: 1/23/12 Prepared By: Civil Design Advantage 3405 SE Crossroads Suite G Grimes IA (515-369-4400) KNOW ALL MEN BY THESE PRESENT: That we, the undersigned, Main Street Station II, LLC of the County of Dallas, State of Iowa, in consideration of $1.00 and other valuable consideration in hand paid by the CITY OF AMES, IOWA, the receipt of which is hereby acknowledged do hereby sell, grant and convey unto the City of Ames, Iowa, a municipal corporation, in the County of Story, State of Iowa, an easement under, through and across the following described real estate: Perpetual Easement A PART OF PARCEL 'A' OF BLOCK 16 BLAIRS ADDITION TO AMES AND A PART OF BLOCK 46 BLAIR'S 3RD ADDITION AND CHICAGO NORTH- WESTERN RAILWAY COMPANY STATION GROUNDS AS SHOWN ON THE PLAT OF SURVEY RECORDED IN INSTRUMENT NUMBER 94-06868 IN THE CITY OF AMES, STORY COUNTY, IOWA AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID PARCEL 'A'; THENCE SOUTH 88053'50" WEST ALONG THE NORTH LINE OF SAID PARCEL 'A', 355.50 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 1"06'10" EAST, 19.50 FEET; THENCE SOUTH 88053'50" WEST, 10.00 FEET; THENCE NORTH 1006-10" WEST, 19.50 FEET TO SAID NORTH LINE; THENCE NORTH 88053'50" EAST ALONG SAID NORTH LINE, 10.00 FEET TO THE POINT OF BEGINNING AND CONTAINING 0.00 ACRES (195 SQUARE FEET). Page - 1 - of 3 That said easement is granted onto the City of Ames, Iowa, for the purpose of the construction, installation, and maintenance of the following described public improvements: Water Main In connection herewith it is specifically agreed that by this easement, the City of Ames, shall have the right to enter upon said premises as shall be necessary to construct, reconstruct, inspect, repair, operate and maintain and service any and all of said improvements and all appurtenances thereto, together with the right to use and operate said improvements as it deems necessary. The said municipal corporation shall restore said described land to a satisfactory condition after construction and/or maintenance in substantially the same condition as prior to entry. As further consideration for this easement, the grantee for itself, its employees, agents, subcontractors and assigns, hereby specifically agree that it will make no claim or demand whatsoever against the grantor for any damages or injury incurred while on the easement area, unless such damage or injury is the result of the negligence of the grantor, and further, that the grantee, its employees, agents, subcontractors and assigns do hereby waive, release, acquit and forever discharge the grantee from any claim or demand arising, either now or in the future, directly or indirectly out of the activities performed by grantee, its employees, agents, subcontractors and assigns within the easement area, unless such damage or injury is the result of the negligence of the grantor. The grantee agrees to indemnify and hold the grantor harmless from all injury or damages to persons or property or claims thereof resulting from or arising out of the activities performed by grantee, it employees, agents, subcontractors and assigns within the easement area, and from all expenses of litigation arising therefrom, except for such injury or damages arising from the negligence of the grantor. That the grantors do hereby covenant with the said grantee, and successors in interest, that said grantors hold said real estate by title and fee simple; that they have good and lawful authority to sell and convey the same; that said premises are free and clear of all liens and encumbrances whatsoever except as may be hereinabove stated; that said grantors covenant to warrant and defend the said premises against the lawful claims of all persons whomsoever, except as may be above stated. IN WITNESS WHEREOF WE have hereunto affixed our hands this day of January, 2012. Main Street Station II, LLC By: Hu bell Realty Company, Managing Member Kn A. G@q:5'p-,AAce President Jennifer . Dr ke, Assistant Secretary STATE OF IOWA JOSIAH gupTON ss. Carr aabn Number 766612 pires COUNTY OF DALLAS a• ebruuaryy 8, 201 On this l 11'—" day of , 2012, before me, a Notary Public in and for Damp-" Canty, Iowa, personally appeared Krista A. Capp and Jennifer L. Drake, the Vice President and Assistant Secretary, respectively, of Hubbell Realty Company, the managing member of Main Street Station II, LLC,to me known to the identical person(s) named in and who executed the within and foregoing instrument, and acknowledged that they executed the same as their voluntary act and deed. D Not in and4foJ77�� State of Iowa L:\Main Street Station II,LLC\City of Ames Temp Construction Easement\CDA Easement-Water Main(2).doc RETURN TO:CIVIL DESIGN ADVANTAGE,3405 SE CROSSROADS DRIVE,SUITE G,GRIMES,IA.50111,PH:369-4400 FAX:369-4410 EASEMENT PLAT OWNER MAIN STREET STATION II, LLC C/O HUBBELL REALTY CO 6900 WESTOWN PARKWAY WEST DES MOINES, IA 50266 WATER MAIN EASEMENT DESCRIPTION: A PART OF PARCEL 'A' OF BLOCK 16 BLAIRS ADDITION TO AMES AND A PART OF BLOCK 46 BLAIR'S 3RD ADDITION AND CHICAGO NORTH—WESTERN RAILWAY COMPANY STATION GROUNDS AS SHOWN ON THE PLAT OF SURVEY RECORDED IN INSTRUMENT NUMBER 94-06668 IN THE CITY OF AMES. STORY COUNTY, IOWA AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID PARCEL 'A'; THENCE SOUTH 88'53'50" WEST ALONG THE NORTH LINE OF SAID PARCEL 'A', 355.50 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 1'06'10" EAST, 19.50 FEET; THENCE SOUTH 88'53'50" WEST, 10.00 FEET; THENCE NORTH 1'06'10" WEST, 19.50 FEET TO SAID NORTH LINE; THENCE NORTH 88'53'50" EAST ALONG SAID NORTH LINE, 10.00 FEET TO THE POINT OF BEGINNING AND CONTAINING 0.00 ACRES (195 SQUARE FEET). N88°53'50"E PINT F GINNING MAIN STREET i:tEASEMENT ULJ "W 355 50' I J NF COR 0 O PARCEI. 'A w LD O 0 OF PARCEL 'A' Q i—ZMENT 0 Y S88°53'50"W 10.00, Q �� %b, S $(09-) �N ;E SCALE (FEET) w 0 20' s 3405 SE CROSSROADS DRIVE,SUITE G 2010-11 DOWNTOWN STREET GRIMES,IOWA 50111 PAVEMENT IMPROVEMENTS PH:(515)369-0400 Fax:(515)369-4410 6 toto2A5 EASEMENT PLAT arnes.iowa CIVIL DESIGN ADVANTAGE ENGINEER: TECH'