HomeMy WebLinkAboutA001 - Council Action Form dated November 26, 2013 ITEM # 14
DATE: 11-26-13
COUNCIL ACTION FORM
SUBJECT: STORM SEWER AND SURFACE FLOWAGE EASEMENT FOR
STONE BROOKE SUBDIVISION
BACKGROUND:
In January 2013, Staff reported back to Council a referral from the Stone Brooke Home
Owner's Association regarding some settlement in an area along the creek behind the
properties at 4002 and 1506 Stone Brooke Road. In that report, staff agreed to monitor
the settlement area and make corrective action, as appropriate. Also in the report, it was
noted that the creek area did not have a storm sewer or surface water flowage
easement and that no work could take place without an easement in place.
Staff coordinated with Bolton & Menk to get the area surveyed and to create an
easement plat for the storm sewer and surface water flowage easement (Attachment A).
The easement agreement has been signed by the Stone Brooke Home Owner's
Association, which would grant access to the area for the current maintenance activity,
as well as any future maintenance or improvement needs.
ALTERNATIVES:
1 . Approve the easement agreement with Stone Brooke Homeowner's Association.
2. Direct staff to pursue other alternatives.
MANAGER'S RECOMMENDED ACTION:
The easement agreement has been signed by the representatives of the Stone Brooke
Homeowner's Association, which will grant access to the area for current maintenance
activity, as well as any future maintenance or improvement needs.
It is the recommendation of the City Manager that the City Council adopt Alternative No.
1, thereby approving the easement agreement with the Stone Brooke Homeowner's
Association.
i
NOTE: 34
36 35 OUTLOT C 23
1.ALL BEARINGS AND DISTANCES SHOWN ON OUTLOT A,STONE BROOK SUBDIVISION 17
SECOND ADDITION AREAS SHOWN ON THE "FINAL PLAT" OF STONE BROOK SUBDIVISION
SECOND ADDITION FILED IN THE OFFICE OF THE RECORDER OF STORY COUNTY, IOWA, ON - 24 16
JULY 13, 1988 AND RECORDED IN BOOK 249 PAGE 202,AS INSTRUMENT NO.00253. 's4s
2.ALL BEARINGS AND DISTANCES SHOWN ON OUTLOT A,STONE BROOK SUBDIVISION R'�•w
THIRD ADDITION ARE AS SHOWN ON THE "FINAL PLAT" OF STONE BROOK SUBDIVISION OUTLOT B 25 15 ,•�
THIRD ADDITION FILED IN THE OFFICE OF THE RECORDER OF STORY COUNTY, IOWA, ON
NOVEMBER 18, 1992 AND RECORDED IN BOOK 11 PAGE 92,AS INSTRUMENT NO.06157.
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o ao so BOLTON 8c MENK, INC. CITY OF AMES, IOWA SHEET
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P Consulting Engineers & Surveyors STONE BROOKE SUBDIVISION 1
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ATTACHMENT A- MAP OF EASEMENT 1
H:Wmes\Al2.1osn3-Stone Brooke Drainage\c3o\Display\Ios]]3EasementDisplay.dwg 5/24/13 9:51 am BAXTER,MN ROCHESTER,MN AMES,IA SPENCER,IA
DO NOT WRITE IN THE SPACE ABOVE THIS LINE,RESERVED FOR RECORDER
Prepared by:Judy K.Parks,City of Ames Legal Department,515 Clark Avenue,Ames,IA 50010;Ph.:515-239-5146
Return document to: City Clerk,City of Ames 515 Clark Avenue Ames IA 50010
STORM WATER EASEMENT GRANT
FOR AND IN CONSIDERATION of the sum of One Dollar ($1.00) and other valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, the Grantor,
Stonebrooke Homeowners Association, does hereby grant and convey to the Grantee, the City of
Ames, Iowa, a perpetual easement for the purpose of the storm sewer and surface water flowage
upon, underground,through, over or across the following described premises:
Outlot A, Stonebrooke Subdivision, Second Addition to the City of
Ames, Story County, Iowa,
AND
Outlot A, Stonebrooke Subdivision, Third Addition to the City of
Ames, Story County, Iowa,
as shown on the attached Plat of Easement.
This easement is granted according to the following general conditions:
1. The Grantor, its successors and assigns shall not:
a. Erect any structures over or within the easement area without obtaining the
prior written approval of the City Engineer.
b. Erect or cause to be placed on the easement area any structure, material,
device,thing or matter which could possibly obstruct or impede the normal
flow of surface water over the easement area without obtaining the prior
written approval of the City Engineer.
C. Change grade,elevation or contour of any part of the easement area without
obtaining the prior written approval of the City Engineer.
2. The City of Ames,Iowa, its assigns and licensees shall:
a. Have the right to enter upon said premises as shall be necessary to construct,
reconstruct, improve, inspect, repair, operate and maintain and service any
and all of the easement area and all appurtenances thereto,together with the
right to use and operate said area it deems necessary for the purpose of storm
sewer and surface water flowage.
b. Have the right to remove any unauthorized obstructions or structures placed
or erected on the easement area,and the right to enforce through appropriate
legal action any of the obligations assumed by the Grantor or lots in the
subdivision under this easement grant.
C. Restore said described land to a satisfactory condition after construction
and/or maintenance in substantially the same condition as prior to entry,
excepting only changes as necessary for the purpose of constructing,
repairing,maintaining and operating storm sewer and surface water flowage
over, upon,through and under the above described premises.
For the purposes aforesaid,the Grantee,its officers,employees,agents,licensees,successors
and assigns shall at all times have the right and privilege of access to the above described premises.
The foregoing rights are granted upon the express condition that the users of the granted
rights will assume liability for all damage to the real estate described herein and any adjacent real
estate caused by failure to use due care in the exercise of the granted rights.
This grant of easement and right-of-way shall be binding upon the heirs, successors and
assigns of the Grantors.
SIGNED this $*" day of /�/ , 2013.
STONEBROOKE HOMEOWNERS ASSOCIATION
GRANTOR
By
Charlie A. Martinson, President
By
Dallas Rust, Secretary
STATE OF IOWA,COUNTY OF STORY, ss:
This instrument was acknowledged before me on NOWM6tyJ� , 2013, by Charlie A.
Martinson and Dallas Rust,as President and Secretary,respectively,of Stonebrooke Homeowners Association.
��auc Jill o Number g14 Notary Public in and for the State of Iowa
Ognmi�bn Number 146'�49
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