HomeMy WebLinkAboutA006 - Memo from Public Works Director to City Attorney regarding easements, February 4, 1971 OFFICE MEMORANDUM
TO James F. Bishop, City Attorney DATE February 4 , 1971
FROM Arnold Chantland Public Works Director
SUBJECT Agreement with General Growth Properties rnrnnrati an
The sanitary sewer line which now crosses the property being built
upon by General Growth Properties, and further known as the North Grand
Plaza Shopping Center Area, was constructed in 1963 and 1964 under ease-
ments obtained by the City of Ames as follows:
i
September 12, 1963 , from Arcadia Lodge No. 249 , described
as the South 5 feet of Lot 10 , North Park Subdivision, filed
in Book 95, page 15, "Miscellaneous ," on October 1, 1963.
Part of an easement obtained from Erben A. Hunziker on
July 15, 1963 , which contains the North 5 feet of the East
1,099 . 8 feet of the Northeast 1/4 of the Northeast 1/4 of
Section 34, Township 84 North, Range 24 West, and filed in
Book 95 , page 17 of "Miscellaneous , " on October 1, 1963.
Since it was the desires of the above named corporation to construct
a building over and upon the above described easements in which a 10-inch
sanitary sewer is located, the City agreed to this construction provided
that the corporation do two things:
(1) That the corporation construct a parallel 10-inch ductile
iron line that could be used in the event of the failure of
the original sanitary sewer. This construction has been com-
pleted to this date.
(2) Since there will be a considerable disruption of the soils
and earth for the construction of the above line beneath the
new building, and the fact that the new building will exert
certain pressures upon the soil and upon the pipe line beneath
the soil in this area, it was felt that the City should be re-
lieved of all liability for damages which might results from
the settlement of the soil beneath this building and result
in damages to the building or its contents. In addition, since
the structure will exert additional unanticipated loads upon
this sanitary sewer beneath this building, corporation should
assume the liability and cost to correct any failure a -
t-ar-y-sewer which results in the failure of this sewer line and
makes it necessary to perform these corrective measures .
As mentioned in your letter, we will have to have an easement for two
particular water mains . These will not be under the existing buildings .
However, I believe it would be desirable to also have some type of clause
holding the City harmless as a result of a break within these mains . The
mains were installed by this developer or developers prior to this corpor-
ation gainingcontrol of the land, and any break due to their negligence
or defectiveness of their materials could result in considerable damage
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to the parking lot and possibly other adjacent facilities . Although this
item does not involve nearly the dollar amount of liability, it would be
nice if we are covered on this item, too.
AOC/jc