HomeMy WebLinkAboutA005 - Council Action Form dated June 14, 2022 ITEM #_46_
DATE: 06-14-22
COUNCIL ACTION FORM
SUBJECT: 2516 LINCOLN WAY DEVELOPMENT PROJECT STORM DRAIN
EASEMENT
BACKGROUND:
This Storm Sewer Easement request was initially on the May 10, 2022 agenda. The City
did not receive a signed easement prior to the City Council Meeting and the item was
pulled from the agenda. Staff has now received a signed copy of the easement and it is
ready for City Council approval. On the direction of the City Attorney's office updates to
the easement document have been made in paragraph 1 in order to grant "..to the City a
perpetual easement for storm sewer purposes over, under, and across the area..." This
language was added in order to clarify that the easement did not just apply to area only
"over" the storm sewer.
The property owner, F F & F of Ames, LLC has submitted a Minor Site Development Plan
application for a two-story bar and restaurant to be constructed at 2516 Lincoln Way.
Presently, this is a vacant site. Previous development consisted of three buildings
constructed across three lots. The previous buildings were constructed over the in-place
box culvert constructed in 1935. This culvert conveys College Creek under the site as
well as beneath the building at 122 Hayward Avenue. Ultimately, College Creek flows
towards Lake LaVerne on the Iowa State University Campus. A map of the area is in
Attachment A.
At the time of redevelopment at 122 Hayward Avenue, it was determined that the culvert
could stay in place as long as an existing conditions assessment of the existing box
culvert was performed, in-situ condition of the existing box culvert for load/vibration
impacts had to be monitored during construction, and a post-construction assessment
of the existing box culvert had to be completed, all at the developer's expense.
There are a total of four properties that site atop the box culvert, the property at 2516
Lincoln Way that is set for redevelopment, 122 Hayward Avenue that was redeveloped in
2015, Lot X, the City owned parking area, and 110 Hayward Avenue Rear currently used
for parking. (See Attachment A)
Staff directed the property owner of 2516 Lincoln Way to go through the same process
and enter into an easement agreement with the City. On April 25, 2022 City Staff along
with engineers on behalf of the developer conducted an inspection of the box culvert and
deemed it safe to proceed with construction over the structure.
Attached is the proposed easement agreement and easement exhibit to be entered into
if City Council approves. The easement gives the ability to perform maintenance to
1
the box culvert and the City has no liability for damage to the property. The
applicant will provide a signed final copy prior to the City Council meeting on
Tuesday.
ALTERNATIVES:
1 . Approve the proposed easement for the box culvert.
2. Do not approve the proposed easement for the box culvert.
3. Refer this item back to staff or the applicant for more information.
CITY MANAGER'S RECOMMENDED ACTION:
The developer of 2516 Lincoln Way asks for City Council to accept the proposed
easement. The box culvert is a unique issue where it is located with buildings over the
culvert. Staff believes the language of the easement protects the City's interest for
maintenance of the City's box culvert. Therefore, it is the recommendation of the City
Manager that the City Council adopt Alternative #1, as described above.
z
p ( P
a.
M ,ti m a
wI
avAI
44
W,,: LINCO LN WAY
14,
CBOII15
MMIR
V
�`
�. 2616 Lincoln
6..
so
Rear
W C 11J 7
122 H ayward Ave nu e
i
M.
s ®4 ,
i
Mn
me.µ.
„.,STM 6291 15- T*IH03967
...w.. �ti 4 !. ✓a �, q H B T
BHA BEfuL�e 114� Tg h,
C '� t Eft�AIN 5
kr
r
' Storm Sewer Exhibit
College Creek Watershed
n
South Skunk
loway
et,
w
a
a
ti
z
:
v e
der
r.m„
Y <.
,
Legend
AMES INCORPORATED LIMITS
College Creek
9110/2013
Ames
„l.w > 6 t,�w- Sources:Esri,DeLorme,NAVTEQ,USGS,Intetmap,PC,NRCAN,E i
Prepared by, recording requested by and
return to:
Attorney Kevin J. Roop
Hale, Skemp, Hanson, Skemp& Sleik
505 King Street, Suite 300
P.O. Box 1927
La Crosse,W 154602-1927
(608)784-3540
EASEMENT AND WAIVER DECLARATION
This Easement and Waiver Declaration (herein "Declaration") is made by and
between FF & F of Ames, LLC, an Iowa limited liability company (herein "Grantor" or
"Party") for good and valuable consideration, in favor of The City of Ames, an Iowa
municipality(herein "Grantee" "City" or"Party") (collectively herein "Parties").
RECITALS
WHEREAS, Grantor owns of record the real estate legally described on Exhibit A
attached hereto and incorporated herein by reference (herein "Property');
WHEREAS, the Property identified is further described and identified on the ALTA
survey attached hereto as Exhibit B and incorporated herein by reference;
WHEREAS, the Property is encumbered by an underground box culvert at the
location identified on Exhibit B attached hereto (herein "Box Culvert");
WHEREAS, the location of the Box Culvert on the Property is legally described on
Exhibit C attached hereto and incorporated herein by reference (herein "Storm Sewer
Easement");
WHEREAS,the Box Culvert was installed by Grantee and has been maintained by
Grantee to control water runoff for the benefit of Grantee and surrounding property owners
(herein "Purpose"); and
1
WHEREAS, Grantor desires to construct a building and other improvements above
and around the Storm Sewer Easement in a manner that will not interfere with the
Purpose.
NOW,THEREFORE,in consideration of the foregoing,the covenants and promises
contained herein and other good and valuable consideration, the Grantor declares as
follows:
1. Grant of Easement. Grantor does hereby grant, convey and warrant to Grantee a
non-exclusive ingress and egress easement over and upon the Property, for the
purpose of servicing,cleaning, maintaining, repairing and replacing the Box Culvert
in its current location, size and configuration. Grantor further grants to the City a
non-exclusive easement for storm sewer purposes over, under and across the
Storm Sewer Easement identified on Exhibit C.
2. Waiver. Grantor does hereby waive any and all claims for any damages which
might or may be caused by the construction, reconstruction, perpetuation, repair,
maintenance, replacement or overflow of said Box Culvert, and waives any and all
claims for damages now or hereafter sustained from any flood water caused by the
inability of said Box Culvert to receive and cant'the same. Grantor shall not make
any connection with said Box Culvert, except with the prior written consent of the
City.
3. Duration. The easements and obligations created pursuant to this Declaration shall
be perpetual in duration.
4. Covenant Running with the Land. The easements and obligations created
pursuant to this Declaration shall be easements and covenants running with the
land.
5. Additional Provisions.
a. Recitals. The Recitals to this Declaration are incorporated into and made a
part of this Declaration by reference.
b. Binding Effects and Benefits. This Declaration shall be binding upon and
shall be for the benefit of the Parties hereto and their respective heirs,
successors, personal representatives, and assigns.
C. Headings. Section and other headings contained in this Declaration are for
reference purpose only and shall not affect the meaning or interpretation of
this Declaration.
2
d. Invalidity. If a court determines any portion or portions of this Declaration to
be invalid, such invalidity shall not affect the validity or enforceability of the
remainder of this Declaration.
e. Counterparts. This Declaration may be executed in any number of
counterparts, each of which shall be deemed to be an original and all of
which together shall be deemed to be one and the same instrument.
f. Governing Law. This Declaration and any dispute arising from or related to
this Declaration shall be governed by the law of the State of Iowa, without
application of its conflicts of laws provisions.
IN WITNESS WHEREOF, the Grantor has executed this Declaration on the dates
written below.
GRANTOR:
FF & F OF AM ES., LLC
By:
Name: Marc R. Fortn
Title: Managing Memb
Date: June 9, 2022
STATE OF WISCONSIN )
) ss.
COUNTY OF LA CROSSE )
Personally came before me this 9th day of June, 2022, the above named Marc R.
Fortney, to me known to be the person who executed the foregoing instrument and
acknowledged that he executed the same.
o ,. . � sus
TARr'; _. Kevin JN16 op
s Notary Public, State of Wisconsin
cn�•, AVgL\G My commission is permanent.
THIS INSTRUMENT WAS DRAFTED BY
Attorney Kevin J. Roop
Hale, Skemp, Hanson, Skemp&Sleik
505 King, Suite 300
LaCrosse,WI 54601
3
EXHIBIT A
Property
Parcel L of Lots 5, 6, 7, and 8, Block 4 in the Auditor's Replat of Block 3, 4, and 5,
Beardshear's Addition and Walter's Subdivision, Ames, Story County, Iowa, as shown on
the Plat of Survey recorded on March 13, 2017, at Inst. No. 17-02121, Slide 561, Page 4.
EXHIBIT B
ALTA Survey
(ATTACHED)
bo i I I
Jill 1111118Im111111 i
fit
rmn
drw
I \
�—.— —
-
'
un
--- -- {
i
oc
I �
i
r
Lk
Ist
I i ce 4°
LI
i
EXHIBIT C
Storm Sewer Easement Legal Description
(ATTACHED)
````�11111I11I I1llp1���/
"10
2taa "v�f, j •• �`
Ole
E PRO
1111111
NO.
N
yJ
Buld
W W �nqr O N
w�d0~ ►101 0- U) ( ag O n
slot � lD"�p'i"�sj�wc �E�L
.. —Tt5N 0
E ¢k G 1 CC> >` iu
�c�� ulfi� I o
I E
IU
Cy d
L �C V >•
Z Z i
J f
Q 1 N
V
Z
Gq F
J � JN I
o
a
VIE, m 8O
66'gf
� N
M Z681>Ig 10,
M .19'y£ �Wr j '4) IFLI O
VU
aD ............_,.... k.._ I
M( its o z i�
a
f�. •��'
t
s
� m pY 93 o i
y d
Z( 9
\ I \
gg +`O U VVV
O I °J i\ , Nd S
\ 9
0000i STS
OTOOS V1'S3WV
ONVVIS X03
T911.1f Sld'O9WIT1S A31OVb9 If :bOA3Adns
NoLonb15N0:)NOlbO9'b3IIIW NVO :A9 031s3nba)j
Ill'S3WV 30 d R 3 3 :WANdMW
VMOI'A1Nno:)Aa015'S3WV d0 A m'-(3gns
S.b3 vm v'00V s g3HSObV39'S v C £SXOOlg
d0 1Vld3b S,'dOlI0r1V't,Xl9'9-S SlOI d0 1130i1Vd :NOUV:)OI
-LIGIHX3 LN9W9SV9