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HomeMy WebLinkAboutA002 - Resolution No. 16-641 adopted October 25, 2016 RESOLUTION NO. 16-641 RESOLUTION APPROVING AGREEMENT FOR FUTURE ACCESS EASEMENT AT 436 SOUTH DUFF AVENUE (PANDA EXPRESS) FOR THE CITY OF AMES WHEREAS, a Minor Site Development Plan for the commercial property improvements at 436 South Duff Avenue (Panda Express) was approved on July 1, 2016, subject to approval of a future access easement allowing for future cross access to the property to the north; and, WHEREAS, it was determined by staff that, due to the limits on access to South Duff Avenue and the traffic concerns at the intersection of South 5th Street and South Duff Avenue, the opportunity for future cross access was desired for the property if and when an easement could be secured with the property to the north; and, WHEREAS,at this time,the owner of the adjacent property at 426 South Duff Avenue does not desire to make such a connection; however, a future easement agreement allows for future ingress and egress on the subject property at 436 South Duff whenever such a north-south connection to the property to the north could be secured; and, WHEREAS,the proposed easement area measures 24 feet wide and aligns with the proposed parking lot and drive through aisles of the proposed site improvements for Panda Express; and, WHEREAS, staff has reviewed the future easement agreement and is satisfied that it meets the requirements for a future cross access easement for the subject property; and, WHEREAS,the terms of the agreement require that the easement be recorded on 436 South Duff and triggered only if,and when,the City secures an easement in the future from 426 South Duff Avenue. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Ames, Iowa, that the future access easement resolution between the owner of property at 436 South Duff Avenue and the City is hereby approved, subject to signature and recording of the agreement against the subject property. ADOPTED THIS 25`h day of October, 2016. Diane R. Voss, City Clerk Ann H. Campbell, Mayor Introduced by: Gartin Seconded by: Corrieri Voting aye: Beatty-Hansen, Betcher, Corrieri, Gartin,Nelson, Orazem Voting nay: None Absent: None Resolution declared adopted and signed by the Mayor this 25' day of October, 2016.