HomeMy WebLinkAboutA001 - Council Action Form dated April 13, 2021 ITEM#: 34
DATE: 04-13-21
COUNCIL ACTION FORM
SUBJECT: EASEMENT FOR ISU PEDESTRIAN BRIDGE PROJECT WITHIN
UNIVERSITY BOULEVARD RIGHT-OF-WAY
BACKGROUND:
Iowa State University is proposing the construction of a pedestrian bridge across
University Boulevard, connecting Jack Trice Stadium on the west with satellite parking
areas on the east. A rendering of the pedestrian bridge has been provided by ISU staff
(Attachment 1). On March 23, 2020, the City Council set the public hearing date for an
easement to facilitate this project. Below is a map depicting the location of the proposed
bridge:
zy Se, St
Jack
Trice
y. Stadium
S 16th St
An easement agreement has been prepared by City and ISU staff (Attachment 2). This
agreement allows the bridge's structure to be located within and overtop of the City's right-
of-way for a period of 50 years. In exchange for the easement, ISU will pay the City $1,
and agrees to make the bridge accessible for public use as a safe alternative crossing for
University Boulevard. The easement provides construction access to ISU and provides
that ISU will complete site restoration following construction.
1
ALTERNATIVES:
1. Approve the easement on University Boulevard for the ISU Pedestrian Bridge
Project.
2. Reject the easement and direct staff to renegotiate the easement terms.
CITY MANAGER'S RECOMMENDED ACTION:
This pedestrian bridge project is the first step in implementing ISU's multiuse
entertainment and art district master plan. It should be noted that this bridge will be
accessible in the future to those parking lots along S. 16th Street. This will significantly
improve traffic safety during events by reducing the potential pedestrian and vehicle
conflicts seen at the S. 16th Street and University Blvd intersection.
Therefore, it is the recommendation of the City Manager that the City Council adopt
Alternative No. 1, as noted above.
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Legal Description: Seepages 6-9
Return document to:3550 Beardshear Hall Iowa State University,515 Morrill Road,Ames Iowa 50011
Document prepared by: Office University Counsel,3550 Beardshear Hall,Iowa State University,515 Morrill
Road,Ames,Iowa 50011
IOWA STATE UNIVERSITY—CITY OF AMES
PEDESTRIAN BRIDGE EASEMENT AGREEMENT
JACK TRICE STADIUM—EAST GATEWAY BRIDGE
This Pedestrian Bridge Easement Agreement("Agreement")is entered into April 13,2021,by and between
the City of Ames, Iowa("Grantor") and the Board of Regents, State of Iowa for the use and benefit of
Iowa State University of Science and Technology("Grantee").
A. Grantor holds a 160-foot-wide permanent right of way that encompasses University
Boulevard between South 16`h Street and South 4a'Street in the Northeast'/4 of the Southwest
'/4 of Section 10, Township 83 North, Range 24 West in Story County, Iowa ("Right of
Way„).
B. Grantee desires to construct a pedestrian bridge on and across a portion of the Right of
Way. Grantor supports the construction of the pedestrian bridge and is willing to grant
Grantee an easement on and across a portion of the Right of Way in accordance with the
terms of this Agreement.
TERMS
1. Location: Subject to the terms of this Agreement, Grantor grants Grantee an easement that
shall be located upon, through, across and/or over portions of the Right of Way as more
specifically depicted in the Permanent Easement Plat, which is attached as Exhibit A and
made part of this Agreement("Easement Area").
2. Use: Grantee shall use the Easement Area for the purpose of constructing, inspecting,
maintaining, and repairing a pedestrian bridge. The parties acknowledge that the pedestrian
bridge will be open to use by members of the public, and Grantor and Grantee may use the
pedestrian bridge as other members of the public may use it.
3. Access: Grantee's entrance upon Grantor's Right of Way to access the Easement Area shall
be over reasonable routes designated by Grantor.
4. Construction Requirements:
a. Construction Coordination: Grantor and Grantee shall coordinate prior to and during
construction of the pedestrian bridge. Grantor and Grantee shall each designate at
least one representative to serve as its liaison to the other party regarding the
construction.
b. Construction Plans: Grantee shall submit to Grantor for Grantor's approval a copy of
Grantee's plans for construction of the pedestrian bridge. Grantor's approval shall not
be unreasonably withheld. Grantee shall certify that the pedestrian bridge is
constructed in substantial compliance with the approved plans.
c. Construction Dates: Grantor and Grantee shall mutually agree on the dates during
which the construction activities may occur in order to diminish any adverse impact
on Grantor's activities on the Right of Way.
d. Temporary Construction Easement: Grantor grants Grantee a temporary construction
easement in an area immediately adjacent to the Easement Area as identified in the
Temporary Easement Plat, which is attached as Exhibit B, for a period of two years
from the date of construction commencement solely for the purpose of constructing
the pedestrian bridge. However, if Grantee has completed its use of the temporary
construction easement prior to the end of the two-year period,the temporary
construction easement shall immediately terminate. Grantee's obligations and
liability with respect to the Easement Area shall also apply to the temporary
construction easement.
e. Utilities Crossings; Permission from Easement Holder: All crossings of existing
sewers, water lines,tile lines, electric lines, telecommunication lines, conduit or other
existing facilities shall be made in cooperation with and subject to the specifications of
the engineer or other official of Grantor in charge of such installations. Grantor owns
a single phase primary underground electric line within the Right of Way that will be
protected in place during construction as set forth in the construction plans at Grantee's
sole expense.Unite Private Networks owns an underground cable in the Right of Way.
Grantor shall require Unite Private Networks to relocate the underground cable by no
later than August 31,2021 at the sole expense of Unite Private Networks.
f. Restoration: Grantee shall submit to Grantor for Grantor's approval a copy of
Grantee's restoration plans for restoring the Easement Area not utilized for the
pedestrian bridge and the temporary construction easement area. Grantor's approval
shall not be unreasonably withheld. Grantee shall ensure that the restoration is in
accordance with the approved plans and all restoration costs shall be at the expense of
the Grantee. All ditches, trenches and other excavations shall be firmly filled and
maintained in such manner as to present no hazard or obstacle to Grantor's use of the
Right of Way for other purposes.
g. Liens: Grantor's property shall not be subjected to liens of any nature by reason of
Grantee's construction, maintenance or repair of the pedestrian bridge 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.
2
5. Liabili
a. Damage to Grantor Property: Grantee shall promptly notify Grantor of any damage to the
Easement Area,Right of Way or other real or personal property of Grantor occurring while
Grantee is constructing, maintaining or repairing the pedestrian bridge. At Grantor's
request,Grantee shall either repair or 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. Inspection Maintenance and Repair: As between Grantor and Grantee, Grantee shall be
solely responsible for inspecting, maintaining and repairing the pedestrian bridge and the
Easement Area, including landscaping and cleaning and removing snow from the
pedestrian bridge. Subject to Section 6, Grantor grants Grantee permission to enter
Grantor's Right of Way as needed to inspect, maintain, and repair the pedestrian bridge
and Easement Area.Grantee shall provide to Grantor contact information for the individual
Grantor may contact if Grantor believes maintenance or repairs are needed and to whom
Grantor may refer inquiries received from members of the public about the pedestrian
bridge.
c. Third Party Claims: To the extent permitted by Chapter 669 of the Iowa Code and other
applicable law, Grantee shall indemnify and hold harmless Grantor and its officers,
employees, and agents harmless from any claims, liabilities, damages, fines, and expenses
arising from the pedestrian bridge, use of the Easement Area by Grantee, or from any tort
(as defined in Chapter 669 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.
6. Traffic Control: If portions of South University Boulevard must be closed to traffic in order
to construct, inspect, maintain, or repair the pedestrian bridge, Grantee shall notify Grantor.
Grantee shall comply with any reasonable requirements of Grantor regarding traffic control.
7. Rights Reserved:Grantor reserves to itself the right to use of Easement Area for any purpose
that does not interfere with the pedestrian bridge or Grantee's rights granted in this
Agreement.
8. Consideration: In consideration for this easement, Grantee shall pay Grantor $1.00 upon
execution of this Agreement. The benefits the pedestrian bridge provides to Grantor,
including providing an alternative safe walking route for the general public and decreasing
traffic congestion on South University Boulevard serve as additional consideration for this
easement. No cost of the facilities to be constructed within this Easement Area shall be
assessed or charged to the Grantor.
9. Duration: This easement is granted, and all rights hereunder shall endure, for a period of 50
years so long as the Grantee continues to use the Easement Area for a pedestrian bridge in
accordance with this Agreement. Grantor and Grantee may mutually agree in writing to
renew this Agreement.Upon expiration of the easement term or discontinuation of Grantee's
use of the Easement Area for a pedestrian bridge in accordance with this Agreement: (i) all
rights granted to Grantee shall terminate and revert to Grantor and(ii) Grantee shall remove
3
the pedestrian bridge and restore the Easement Area to pre-easement conditions at no expense
to Grantor unless otherwise agreed by Grantor and Grantee.
10. Assignment Prohibited:The grant of this easement is to Grantee only and cannot be assigned
in whole or part to any other party without written consent of Grantor.
Grantor and Grantee execute this Pedestrian Bridge Easement Agreement by their lawfully designated
officials as of the date first written above.
CITY OF AMES, IOWA
Passed and approved on ,2021,by Resolution No.
adopted by the City Council of Ames,Iowa.
Attest: By
Diane R. Voss,City Clerk John A. Haila,Mayor
STATE OF IOWA, COUNTY OF STORY, SS.:
This instrument was acknowledged before me on , 2021,by Diane
R. Voss and John A. Haila, as City Clerk and Mayor,respectively, of the City of Ames,Iowa.
Notary Public
My commission expires:
4
BOARD OF REGENTS, STATE OF IOWA
By
Mark Braun
Executive Director
STATE OF IOWA, COUNTY OF POLK, SS.:
This instrument was acknowledged before me on ,2021,by Mark
Braun as Executive Director of the Board of Regents, State of Iowa.
Notary Public
My Commission expires:
5
INDEX LEGEND
SURVEYOR'S NAME / RETURN TO
ERIC J.MILLER
SNYDER & ASSOCIATES,INC.
2727 SW SNYDER BOULEVARD
ANKENY,IOWA 50023 ""
96 y0
ericmillermsnd er-associa tes,com I 1T
SERVICE PROVIDED BY:
SNYDER & ASSOCIATES,INC.
SURVEY LOCATED:
NE1/4 SW1/4
SECTION 10, TOWNSHIP 83 NORTH,RANGE 24 WEST
REQUESTED BY:
SUBSTANCE ARCHITECTURE
r
PERMANENT EASEMENT PLAT
PERMANENT EASEMENT EAST DESCRIPTION
A PART OF THE NORTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 10, TOWNSHIP 83 NORTH,
RANGE 24 WEST OF THE 5TH P.M., CITY OF AMES, STORY COUNTY, IOWA AND DESCRIBED AS
FOLLOWS:
COMMENCING AT THE CENTER OF SAID SECTION 10: THENCE SOUTH 0° 22' 17" EAST ALONG THE EAST
LINE OF SAID SOUTHWEST 1/4, A DISTANCE OF 543.09 FEET; THENCE SOUTH 89'14,34" WEST,605.86
FEET TO THE EAST RIGHT-OF-WAY LINE OF UNIVERSITY BOULEVARD AND TO THE POINT OF
BEGINNING; THENCE SOUTH DO. 45' 26" EAST ALONG SAID EAST RIGHT-OF-WAY LINE, 55.00 FEET;
THENCE SOUTH 89' 14'34" WEST, 30.00 FEET; THENCE NORTH 00° 45'26" WEST, 55.00 FEET; THENCE
NORTH 89" 14' 34" EAST, 30.00 FEET TO THE POINT OF BEGINNING AND CONTAINING 0.04 ACRES
(1,650 S.F.).
PERMANENT EASEMENT WEST DESCRIPTION
A PART OF THE NORTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 10, TOWNSHIP 83 NORTH,
RANGE 24 WEST OF THE 5TH P.M., CITY OF AMES, STORY COUNTY, IOWA AND DESCRIBED AS
FOLLOWS:
COMMENCING AT THE CENTER OF SAID SECTION 10; THENCE SOUTH 0° 22' 17'' EAST ALONG THE EAST
LINE OF SAID SOUTHWEST 1/4, A DISTANCE OF 543.09 FEET; THENCE SOUTH 89°14,34" WEST, 740.86
FEET TO THE POINT OF BEGINNING; THENCE SOUTH 00° 45'26" EAST,55.00 FEET; THENCE SOUTH 89°
14' 34" WEST, 25.00 FEET TO THE WEST RIGHT-OF-WAY LINE OF UNIVERSITY BOULEVARD; THENCE
NORTH 00" 45'26" WEST ALONG SAID WEST RIGHT-OF-WAY LINE, 55.00 FEET THENCE NORTH 89° 14,
34" EAST,25.00 FEET TO THE POINT OF BEGINNING AND CONTAINING 0.03 ACRES (1,375 S.F.).
PERMANENT OVERHEAD EASEMENT DESCRIPTION
A PART OF THE NORTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 10, TOWNSHIP 83 NORTH,
RANGE 24 WEST OF THE 5TH P.M., CITY OF AMES, STORY COUNTY, IOWA AND DESCRIBED AS
FOLLOWS:
COMMENCING AT THE CENTER OF SAID SECTION 10; THENCE SOUTH 0° 22'17" EAST ALONG THE EAST
LINE OF SAID SOUTHWEST 1/4, A DISTANCE OF 543.09 FEET; THENCE SOUTH 89' 14'34" WEST,635.86
FEET; THENCE SOUTH 0° 45' 26" EAST, 7,06 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING
SOUTH 00' 45'26" EAST, 42,42 FEET; THENCE NORTH 89' 59' 59" WEST, 105.01 FEET; THENCE NORTH
00' 45' 26" WEST, 42,42 FEET; THENCE SOUTH 89° 59' 59" EAST, 105.01 FEET TO THE POINT OF
BEGINNING AND CONTAINING 0.10 ACRES (4,454 S.F.).
DATE OF SURVEY OWNER BASIS OF BEARING
02w-16-21 CITY OF AMES THE EAST LINE OF THE SOUTHWEST
1/4 OF SECTION 10-83-24 IS ASSUMED
TO BEAR SOUTH 0° 22' 17" EAST FOR
THE PURPOSE OF THIS SURVEY.
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JACK TRICE STADIUM-EAST GATEWAY BRIDGE SHEET 1 OF 2
PN: 120.0877
PERMANENT EASEMENT PLAT FLDBK: PG:
` SNYDER 2727 S.W.SNYDER BLVD. DATE: 02110/21
I a ASSOCIATES ANKENY,IA 50023(515)964-2020 PM/TECH: EJM
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OVERHEAD ENCROACHMENT
EASEMENT I
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POINT OF i
BEGINNING I'
PERMANENT
EASEMENT S89°14'34'W 740.86'
(WEST) S89°14'34"W 635.86'
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Overhead POINT OF BEGINNING Ln
EnCraaChment PERMANENT EASEMENT(EAST)
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PERMANENT (EAST)
EASEMENT NE1/4 Sg3/24
(WEST) SEC.10
j LINE TABLE
m SO°45'26"E 55.00'
® S89°14'34"W 30.00'
N ® NO°45'26"W 55.00'
® N89°14'34"E 30.00'
j ® 50°45'26"E 7.06'
i ® SO°45'26'E 42.42' 1
0 NO°45'26"W 42.42'
i ® SO°45'26"E 55.00'
® NO°45'26"w 55,00'
® N89°14'34"E 25.00'
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SEC.10-83-24
Cl 60 FND PK NAIL AT SURFACE
INSTR,N0.2018-0315 3 .1
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SCALE (FEET)
JACK TRICE STADIUM-EAST GATEWAY BRIDGE SHEET 2 OF 2
PN: 120.0877
PERMANENT EASEMENT PLAT FLDBK:
PG:
S,W ISN BLVD. DATE: 02/10121
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INDEX LEGEND
SURVEYOR'S NAME / RETURN TO:
ERIC J.MILLER
SNYDER & ASSOCIATES,INC.
2727 SW SNYDER BOULEVARD ---- --»
ANKENY,IOWA 50023 E
515-964-2020 �'� t �
ericmiller@snyder-associates.com
SERVICE PROVIDED BY: n
SNYDER & ASSOCIATES,INC.
SURVEY LOCATED
NE1/4 SW1/4
SECTION 10, TOWNSHIP 83 NORTH,RANGE 24 WEST
REOUESTED BY:
SUBSTANCE ARCHITECTURE
TEMPORARY EASEMENT PLAT
TEMPORARY EASEMENT DESCRIPTION
A PART OF THE NORTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 10, TOWNSHIP 83 NORTH,
RANGE 24 WEST OF THE 5TH P.M., CITY OF AMES, STORY COUNTY, IOWA AND DESCRIBED AS
FOLLOWS:
COMMENCING AT THE CENTER OF SAID SECTION 10; THENCE SOUTH 0° 22' 17" EAST ALONG THE EAST
LINE OF SAID SOUTHWEST 1/4,A DISTANCE OF 425.63 FEET; THENCE SOUTH 89°14'34" WEST, 606.65
FEET TO THE EAST RIGHT-OF-WAY LINE OF UNIVERSITY BOULEVARD AND TO THE POINT OF
BEGINNING; THENCE SOUTH 00' 45' 26" EAST ALONG SAID EAST RIGHT-OF-WAY LINE, 247.59 FEET;
THENCE SOUTHERLY CONTINUING ALONG SAID EAST RIGHT-OF-WAY LINE AND ALONG A CURVE
CONCAVE WESTERLY WHOSE RADIUS IS 1034.93 FEET, WHOSE ARC LENGTH IS 73.69 FEET AND
WHOSE CHORD BEARS SOUTH 01° 16'58" WEST, 73.67 FEET; THENCE NORTH 86° 40'39, WEST, 160.00
FEET TO THE WEST RIGHT-OF-WAY LINE OF SAID UNIVERSITY BOULEVARD; THENCE NORTHERLY
ALONG SAID WEST RIGHT-OF-WAY LINE AND ALONG A CURVE CONCAVE WESTERLY WHOSE RADIUS IS
874.93 FEET,WHOSE ARC LENGTH IS 62.30 FEET AND WHOSE CHORD BEARS NORTH 01' 16,58" EAST,
62.28 FEET; THENCE NORTH 00° 45'26" WEST ALONG SAID WEST RIGHT-OF-WAY LINE, 247,59 FEET;
THENCE NORTH 89' 14' 34" EAST, 160.00 FEET TO THE POINT OF BEGINNING AND CONTAINING 1,16
ACRES (50,493 S.F.).
DATE OF SURVEY OWNER BASIS OF BEARING
02-16-21 CITY OF AMES THE EAST LINE OF THE SOUTHWEST
1/4 OF SECTION 10-83-24 15 ASSUMED
TO BEAR SOUTH 0° 22' 17" EAST FOR
THE PURPOSE OF THIS SURVEY.
LEGEND I-hereby eery lltel N+t.lend ruivWAV din"
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Calculated Point + MILLER
Platted Distance P 9JuneaNumber 19515
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Recorded As R Pegoovreheillawillby this Book'
Deed Distance D rf k11KA
Caculoled Distance C SHEET 1 ANUa.DF.2_ ....._
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Section Line
Easement Line
JACK TRICE STADIUM-EAST GATEWAY BRIDGE SHEET 1 OF 2
PN: 120.0877
TEMPORARY EASEMENT PLAT FLOBK: PG:
= S N Y D E R S.W.SNYDER BLVD. DATE: 02/
10121
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SEC,10-83-24 f
I FND PK NAIL AT SURFACE
INSTR.NO.2 018-0 315 3
CURVE TABLE
_CURVE N0, DELTA RADIUS ARC LENGTH TANGENT CHORD BEARING/DISTANCE
Cl 4°04'47" RT 1,034.93' 73.69' 36.86' S 1° 16'58" W 73.67'
C2 4° 04'47" LT 874.93' 62.30' 31.16' N 1° 16'58" E 62.28'
JACK TRICE STADIUM-EAST GATEWAY BRIDGE SHEET 2 OF 2
PN: 120,0877
TEMPORARY EASEMENT PLAT FLDSK: Pc:
sS N Y D E R 2727 S.W.SNYDER BLVD. DATE: 02/10121
a A 5 5 O C I AT E S ANKENY,IA 50023(515)964-2020 PMrrECH: EJM
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