HomeMy WebLinkAboutA002 - Council Action Form dated December 12, 2017 4
ITEM # 13
DATE 12-12-17
COUNCIL ACTION FORM
SUBJECT: APPROVE ROADWAY EASEMENT FOR UNIVERSITY BOULEVARD
PAVING
BACKGROUND:
Story County has plans to pave University Boulevard from the roundabout at
Collaboration Place south to 260th Street (near Black's Seed Farm). A portion of the
needed right-of-way and easements is adjacent to future phases of the Iowa State
University Research Park (ISURP). Because this is within the city limits of Ames, Story
County has asked the City to obtain the easement in this area (see attached).
Staff consulted ISURP Administration officials who gave their support of the project
along with agreement for granting the easement. With the land being controlled by the
Board of Regents, City Attorney staff worked with ISU legal counsel to draft the
easement and gain approval from the Regents.
ALTERNATIVES:
1. Approve the easement to the City from the, Iowa State University Board of
Regents which allows Story County to complete the paving of University
Boulevard from Collaboration Place south to 260 complete
In the future when ISU develops and plats this area of the Research Park, the
land contained in this easement will be dedicated to the City as public right-of-
way.
2. Reject the easement, which would require Story County to develop an alternative
design to complete the project.
MANAGER'S RECOMMENDED ACTION:
With City Council approval of the easement, Story County will have all the necessary
rights to build this road project; which is planned during the 2018 construction season.
In addition, Story County will maintain the roadway after completion.
Therefore, it is the recommendation of the City Manager that the City Council adopt
Alternative No. 1, as noted above.
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Preparer: Paula DeAngelo,3550 Beardshear Hall,Ames,IA 50011(515)294-5352
Return to: Kathy McKown,200 General Services Building,Ames,IA 50011
ROADWAY EASEMENT
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This Roadway Easement Agreement is entered into this day of , 2017, by and between the
Board of Regents,State of Iowa for the use and benefit of Iowa State University of Science and Technology
("Grantor")and the City of Ames ("Grantee")
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WHEREAS, Grantor is the owner of certain real property located in the City of Ames, Story County,Iowa
that is legally described as:
Outlot Z,Iowa State University Research Park,Phase III First Addition,Ames,Story County,Iowa
("Property");
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WHEREAS, the west 33 feet of the Property presently is subject to a public right of way easement and,
pursuant to Iowa Code section 368.7A(2),is now a part of the municipal street system of the City of Ames;
WHEREAS, Grantee and Story County desire to improve an existing gravel road known as University
Boulevard within the Grantee's corporate limits and as 530th Avenue outside of Grantee's corporate limits
by reconstructing and paving University Boulevard south from the roundabout at Collaboration Place and
the Iowa State University Research Park and 530th Avenue from Grantee's corporate limits to 260th Street
("Roadway")as part of a road paving project of Story County("Project"); and
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WHEREAS, municipal street construction standards require the widening of the public right of way for
University Avenue from the existing 33 feet by an additional 17 feet to a total of 50 feet for the Roadway }
in part of the Property,and Grantee desires to make a record of the full extent of the new right of way area;
WHEREAS, the Roadway will benefit Grantor by: providing better and safer access to Iowa State j
University of Science and Technology teaching and research farm properties used daily by students, staff
and faculty; supporting future Iowa State University Research Park development; and positioning the . I
roadway network for further extension that will provide options for those traveling on a daily basis and for
traffic management related to large events.
NOW, THEREFORE, Grantor, pursuant to Iowa Code §262.9(8) and in consideration of the payment of
One Dollar and other considerations set forth in this Agreement, hereby grants to Grantee an easement
consisting of the area outlined on Exhibit A, subject to the following terms and conditions:
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1. Location: The easement granted pursuant to this Agreement shall be located upon and
limited to the tract described in the legal description and depicted on the plat map document
marked Exhibit A,which is attached and made part of this Agreement("Easement Area").
2. Use: Grantee shall use the Easement Area only for the purpose of constructing,
reconstructing,using, maintaining, and repairing the Roadway as a public right of way,that
may, at the Grantee's option include, but is not limited to the paved traveled portion of the
street, surface water drainage systems, sidewalks or shared use paths, and all appurtenant
structures and fixtures. The parties acknowledge that the Easement Area and the Roadway
will be a public right of way under the jurisdiction and regulatory authority of the Grantee
and open to use by members of the public, and Grantor and,Grantee may use the Roadway
as other members of the public may use it.
3. Access: Grantee's entrance upon the Grantor's Property for the purpose of construction,
reconstruction,use,maintenance,and repair of the Roadway shall be limited to the Easement
Area shown in Exhibit A.
4. Construction: Grantor and Grantee shall each designate at least one representative to serve
as its liaison to the other party regarding the initial Project. Grantee shall give notice to
Grantor's representative two weeks before initial construction of the Project is to begin on
the Property and shall give a second notice 48 hours before initial construction of the Project
is to begin on the Property. Upon request, Grantee shall provide Grantor with a copy of
Grantee's Project plans for initial construction of the Roadway on the Property.Grantee shall
provide for one driveway entrance for the Property, the location of which Grantor and
Grantee shall jointly determine.
Grantor's property shall not be subjected to liens of any nature by reason of Grantee's
construction,maintenance or repair of the Roadway or by reason of any other act or omission
of Grantee, including, but not limited to, mechanic's and materialman's liens. Grantee has
no power,right or authority to subject Grantor's property to any mechanic's or materialman's
lien or claim of lien.
5. Utilities Crossings: All crossings of Grantor's existing sewers,water lines,electric lines,tile
lines, or other existing facilities shall be made in cooperation with and subject to the
reasonable specifications of the engineer or other official of Iowa State University of Science
and Technology in charge of such installations.
6. Restoration: As soon as reasonably possible after construction is complete,weather and
season permitting, Grantee shall restore the Easement Area not utilized for the Roadway to
its natural grade and previous condition or, if reasonably required by the construction,
reconstruction, or repair, an improved grade and condition compatible therewith.As part of
that effort,during construction Grantee shall remove and stockpile existing topsoil from
areas to be excavated. Following construction of the Roadway, Grantee shall spread topsoil
and seed areas within the Easement Area that are disturbed by the construction and not
utilized for the Roadway.
7. Liability.
a. Damage to ISU Property. Grantee shall promptly notify Iowa State University of Science
and Technology of any damage to the Easement Area, Property or other real or personal
property of Iowa State University of Science and Technology(including but not limited to
damage to crops, fences and field tiles) occurring while Grantee is constructing,
maintaining or repairing the Roadway. At Grantor's request, Grantee shall either repair or
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replace the damaged property, reimburse Grantor for reasonable, documented expenses
incurred by Grantor to repair or replace the damaged property or compensate Grantor for
the loss of the property.
b. Maintenance and Repair. As between Grantor and Grantee, Grantee shall be solely
responsible for maintaining and repairing the Roadway,except any driveway aprons within
the Easement Area provided for Grantor.
c. Third Party Claims. To the extent permitted by Chapter 670 of the Iowa Code and other
applicable law, Grantee shall indemnify and hold harmless Iowa State University of
Science and Technology,the Board of Regents—State of Iowa,the State of Iowa and their
respective officers, employees and agents harmless from any claims, liabilities, damages,
fines and expenses arising from the Roadway, use of the Easement Area by Grantee, or
from any tort (as defined in Chapter 670 of the Iowa Code) arising from the acts or
omissions of Grantee or its officers or employees.
d. Insurance. Grantee shall maintain appropriate insurance coverage or self-insure for
liabilities that may arise from the activities set forth in this Agreement.
8. Rights Reserved &Limitations: Grantor reserves to itself and to Iowa State University of
Science and Technology the right within the Easement Area to grant easements for or to
construct sewers,water lines,electric lines,tile lines,or other facilities across or through the
Easement Area in a manner that does not interfere with the Roadway and consistent with the
fact that the Roadway shall be a part of the municipal street system. Grantor shall not erect
or place within the Easement Area any building or other structure or improvement.
9. Consideration: The consideration for the grant of this easement is the completion of the
Roadway at no expense to Grantor and the benefits such Roadway will provide to Iowa State
University of Science and Technology as outlined above.
10. Duration: This easement is granted and all rights hereunder shall endure as long as the
Grantee continues to use the same for a roadway. Whenever said use shall be discontinued,
all rights granted herein shall terminate and revert to the Grantor. If the Property is ever
subdivided, the Grantor shall, without cost to Grantee, convey fee title by permanent
dedication of the right of way to Grantee subject to the approval of the Board of Regents,
State of Iowa.
11. Assignment Prohibited: This grant is to the Grantee only and cannot be assigned in whole
or part to any other party without written consent of the Grantor, which shall not be
unreasonably withheld.
Each and all the above terms,covenants and conditions are of the essence hereof,and Grantee,by accepting
this instrument, covenants to comply and perform as so specified.
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IN WITNESS WHEREOF,Grantor and Grantee have executed this instrument by their lawfully designated
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officials as of the date first written above.
BOARD OF RFIGVNTS, STATE OF IOWA
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By:
AM�arcr n
Execuirec tor
State of Iowa )
S.S.
County of Polk )
On this 4h day of n v e-M rr,20A before me,the undersigned,a Notary Public in
and for the State of Iowa,personally appeared the executive director of the Board of Regents,State of Iowa,
to me personally known,who being by me duly sworn, did say that he is Mark Braun,that the instrument
was signed on behalf of and by the authority of the Board of Regents, State of Iowa and that Mark Braun
was authorized to execute this instrument by vote of the Board of Regents, State of Iowa at its meeting on
191h day of October,2017,and that the execution of this instrument is a voluntary act and deed of the Board
of Regents, State of Iowa and of the executive director.
Notary Public in and for Said County ''"` LAURA M DICKSON 3
COMMISSION NO, 800679
My Commission expires:�a -�� • [� ®COAWISS1oNFX�S
ECEM13ER 1 0019
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CITY OF AMES
By
Ann H. Campbell
Mayor,City of Ames
State of Iowa )
S.S.
County of )
On this day of ,20_,before me,the undersigned,a notary public in
and for said County in said State, personally appeared Ann H. Campbell,known.to me and who executed
the foregoing document and who acknowledged that she executed the same as a voluntary act and deed.
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Notary Public in and for Said County
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My commission expires: j
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EXHIBIT A
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EASEMENT PLAT
INDEX LEGEND
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LOCATION:OUTLOT Z,IOWA STATE UNIVERSITY
RESEARCH PP3tfr,PHASE III,FIRST ADDMON,AMES,IA.
REOUESTOR:CITY OFAMES �
PROPRIETOR'60ARD OF REGENTS STATE OF IOSVA
SURVEYOR:MYRON G.MUMIGER
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a1IRLKYOR COMPANY'CITY OFANIES
RETURN TO:CITYOFATIIES,PUHUC WORKS ENGINEER
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$15 CLARK AVF-AMES.IA 50610
ca;sz2952T5 '
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OVA.`ER:UOAn OF REGENTS STATE OF IOWA FOR UEWIT OF ISU.
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SuRy"OH'S REPORT y
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