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HomeMy WebLinkAboutA001 - Council Action Form dated April 9, 2024 ITEM#: 13 DATE: 04-09-24 DEPT: P&H COUNCIL ACTION FORM SUBJECT: APPROVAL OF UTILITY EASEMENTS FOR CREEKSIDE TOWNHOMES WITHIN THE BAKER SUBDIVISION AT 3216 TRIPP STREET BACKGROUND: With the recent approval of the Major Site Development Plan for the City's multi-family affordable housing project at 3216 Tripp Street, there is now a need to create utility easements prior the transfer of land to Townhomes at Creekside LLLP. The Major Site Plan identified public utility locations for water, sanitary sewer, and stormwater. City easements for Water, Sanitary Sewer, and Stormwater Drainage are being created on and adjacent to the site to serve the site. A water main easement that extends from Tripp Street through the site for a looped water delivery system is being created. Sanitary Sewer easements are being created from City-owned property to the east to serve the site. A Public Utility Easement is being created from Tripp southward through the site for general public utilities. A small Stormwater Drainage easement from the northeast corner of the site to a regional detention pond to the east is being created. The attached exhibits contain the detailed locations. ALTERNATIVES: 1. Approve the attached easements creating legal access for the City to maintain the required public utilities on site and for storm water drainage on Outlot Z. 2. Request more information from City staff. 3. Do not approve the proposed easements. CITY MANAGER'S RECOMMENDED ACTION: The approval of the easements will create the necessary legal access for maintenance and repair of the on-site Public Utilities to serve the affordable housing development at 3216 Tripp. Installation of the new utilities will be within the easement boundaries. Creation of the easements is needed prior to the land transfer to Townhomes at Creekside, LLLP. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative#1. ATTACHMENT(S): Easement(Drainage) ben Lot 27.pdf Revised PUE Reservation (Lot 27).pdf 1 SPACE ABOVE RESERVED FOR OFFICIAL USE Return document to:City Clerk,515 Clark Avenue,Ames 1A50010 Document prepared by:Mark O.Lambert.,City ofAmes Legal Department,515 Clark Ave.,Ames,IA 50010-515-239-5146 Easement Reservation (Storm Sewer Drainage) Know All Persons: This is an easement reservation made and given by City of Ames, Iowa, with principal offices now located in Story County, Iowa (hereinafter "Owner"), upon the following terms and conditions: 1 Circumstances & Purpose. Owner has subdivided or developed certain adjacent lands described herein. In anticipation of separating ownership among the properties, Owner wishes provide for a storm sewer drainage easement through the Easement Areas described herein for the benefitted properties. 2 Easement Reserved. Owner hereby reserves for Owner and for Owner's successors and assigns, for the benefit of and appurtenant to the following benefitted property: Lot 27,Baker Subdivision,Ames,Iowa. (collectively hereinafter "Tract 1") for the uses and upon the conditions hereinafter recited, the perpetual right for storm sewer drainage upon the land (collectively the"Easement Areas") described as follows: [See attached Exhibit'A'for legal description]. 3 Easement Uses. Owner reserves a perpetual easement within, over, upon, across, and under the Easement Areas specified. The easement is for the purpose of private storm sewer drainage to a public stormwater basin upon the described portion of Outlot Z, Baker Subdivision, Ames, Iowa. The easement rights reserved are for Owner and for Owner's respective successors and assigns of Tract 1. Owner and Owner's successors and assigns of Tract 1 shall not obstruct or impair the use by the Owner and Owner's successors and assigns of Tract 1 of the respective Easement Areas. Owner and Owner's successors and assigns of Tract 1 shall have a reasonable right of ingress from and egress to Owner's adjacent lands and public rights-of-way to exercise the rights provided herein. 4 Interpretation. Words and phrases used in this instrument shall be construed as in the single or plural number, and as masculine, feminine, or neuter gender, according to the context. This instrument shall be governed exclusively by and construed in accordance with the laws of the State of Iowa. The paragraph headings in this instrument are for convenience only and in no way define or limit the scope or intent of any provisions of this instrument. In Witness of this Instrument,Owner has executed this Instrument: 2 Passed and approved on 2024, by Resolution No. 24- adopted by the City Council of the City of Ames, Iowa. CITY OF AMES,IOWA By: John A.Haila,Mayor Attest: Renee Hall,City Clerk STATE OF IOWA,COUNTY OF STORY, SS.: This instrument was acknowledged before me on ,2024,by John A. Haila and Renee Hall, as Mayor and City Clerk,respectively,of the City of Ames, Iowa. NOTARY PUBLIC 2 3 ACKNOWLEDGEMENT AND CONSENT As an owner of an interest in certain real property benefitted by the Easement Area, the owner thereof acknowledges and the easement described in the foregoing and hereby consents thereto. TOWNHOMES AT CREEKSIDE,LLLP, an Iowa limited liability limited partnership, By: TOWNHOMES AT CREEKSIDE,GP,LLC, an Iowa limited liability company, its General Partner Dated ,2024. By: Michael Kiernan,Managing Member STATE OF IOWA,COUNTY OF POLK,SS.: This instrument was acknowledged before me on 2024, by Michael Kiernan, as Managing Member of Townhomes at Creekside, GP, LLC, the General Partner of Townhomes at Creekside, LLLP. NOTARY PUBLIC 3 4 W EXHIBIT'04' EASEMENT EXHIBIT a OUTLOT Y BAKER SUBDIVISION IY W LOT 8 P.O.C. BAKER MOST NORTHWESTERLY SUBDIVISION I CORNER OF OUTLOT Z, BAKER SUBDIVISION N64°52'44"W S00009'06"E 46 52' LOT 7 10.52' BAKER P.O.B SUBDIVISION S00°09'06"E 22.12' S64152'44"E N25°07'16"E LOT 6 37.08' 20.00' BAKER SUBDIVISION LOT 5 I BAKER SUBDIVISION LOT 27 BAKER SUBDIVISION z 0 V) r4 j LOT 4 ~O o BAKER °�° SUBDIVISION k OUi u`7 Y m I m LOT 3 I o BAKER a SUBDIVISION LOT 2 BAKER SUBDIVISION 0 0 r LOT 1 BAKER SUBDIVISION — LOT 2 AMES MIDDLE SCHOOL 2003 PLAT 2 LEGAL DESCRIPTION: W BEING A PART OF OUTLOT Z,BAKER SUBDIVISION,AN OFFICIAL PLAT,INCLUDED IN AND FORMING A PART OF THE CITY OF AMES,STORY COUNTY,IOWA,DESCRIBED A AS FOLLOWS: COMMENCING AT THE MOST NORTHWESTERLY CORNER OF SAID OUTLOT Z; N ' THENCE S00°09'06"E,ALONG THE WESTERN LINE OF SAID OUTLOT Z,A DISTANCE OF NORTH 10.52 FEET TO THE POINT OF BEGINNING;THENCE CONTINUING S00°09'06"E,ALONG THE WESTERN LINE OF SAID OUTLOT Z A DISTANCE OF 22.12 FEET;THENCE S64°52'44"E,37.08 FEET;THENCE N25°07'16"E,20.00 FEET;THENCE N64°52'44"W, 46.52 FEET,TO THE POINT OF BEGINNING. (IN FEET) 1 inch=60 ft. DESCRIBED AREA CONTAINS 836 SQUARE FEET AND IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD.AND — _ — PROPERTY LINE _— SECTION LINE ROW LINE P 3 EASEMENT AREA U W ENGINEER DRAWN BY STORM EASEMENT TS KBH REVISIONS EXHIBIT SURVEYOR CREW CHIEF 3An BE,Iowa 5 Road n Anken,Iowa 61 - PS WR 3 C si Iowa 3si AMES,COUNTY M C L U R E M STORY COUNTY SKETCH NO making lives better. 202300145102/12/2024 EXH-04 5 SPACEE ABOVE RESERVED FOR OFFICIAL USE Legal description: See pages 4-7 Return document to: City Clerk,515 Clark Avenue,Ames IA 50010 Document prepared by: Mark O.Lambert,City ofAmes Legal Department,515 C1arkAve.,Ames,IA 50010—515-239-5146 EASEMENT RESERVATION(PUBLIC UTILITIES-LOT 27) Know All Persons: The City of Ames, an Iowa municipal corporation, (hereinafter referred to as the "Grantor"), does hereby reserve unto the City of Ames (hereinafter referred to as the "Grantee"),and dedicates to the public and public use,upon the conditions hereinafter recited, the perpetual right to enter upon the land hereinafter described as the Easement Area for the uses set forth hereinafter,respectively.The Easement Area includes rights in, over, upon, across, and under the described lands.Additionally, Grantee shall have a perpetual right of ingress and egress between said Easement Area from adjacent public rights- of-way.The Easement Area uses and the legal descriptions,respectively, and described as follows: For the use of common public utility distribution systems including water, sanitary sewer,electricity,natural gas,telecommunications,and such other general utilities as may be distributed under franchise of the City of Ames: The real property shown on Schedule "A" attached hereto and by this reference made a part hereof. For the use of a water main: The real property shown on Schedule "B" attached hereto and by this reference made a part hereof. For the use of a sanitary sewer system: The real property shown on Schedule "C" attached hereto and by this reference made a part hereof. Grantee shall have the right within the Easement Area to construct,reconstruct,cover over,clean up, operate,use,maintain,and repair the systems or improvements described.The foregoing rights are granted by the Grantor and shall be accepted and exercised by the Grantee, if at all, subject to the following terms and conditions: 1 Obstructions Prohibited. Grantor, as the fee simple owners of the underlying real estate, and Grantor' successors and assigns,shall not erect or place within the Easement Area any building or other structure or improvement or any trees, shrubs, or other landscape plantings other than grass or comparable ground cover except with the prior written consent of the Grantee. Grantee shall have the right to trim or remove trees and shrubs within the Easement Area to prevent damage to a permitted improvement of Grantee located within the Easement Area. 2 Restoration.Immediately following construction,reconstruction,or repair work by the Grantee within 6 the Easement Area, weather and season permitting, ground area with previously existing grass cover that is disturbed by such work shall be planted with grass seed in accordance with customary methods of soil preparation and planting by the Grantee. 3 Nonexclusive Easement. The easement rights granted under this instrument to the Grantee are nonexclusive.This instrument shall not preclude Grantor from granting similar easement rights to third parties upon terms and conditions that do not impair or diminish the rights granted under this instrument to the Grantee. 4 Successors and Assigns. The easement rights provided herein shall be binding upon successors and assigns of both Grantee and Grantor. 5 Authority. Grantor holds the Easement Area by title in fee simple; Grantor has and lawful authority to reserve the easement rights herein provided for;and the Easement Area is free and clear of all liens and encumbrances. 6 Interpretation.Words and phrases used in this instrument shall be construed as in the single or plural number, and as masculine, feminine,or neuter gender, according to the context.This instrument shall be governed exclusively by and construed in accordance with the laws of the State of Iowa. The paragraph headings in this instrument are for convenience only and in no way define or limit the scope or intent of any provisions of this instrument. In Witness Whereof the undersigned has executed this instrument: Passed and approved on 2024,by Resolution No.24- adopted by the City Council of the City of Ames,Iowa. CITY OF AMES,IOWA By: John A.Haila,Mayor Attest: Renee Hall,City Clerk STATE OF IOWA,COUNTY OF STORY,SS.: This instrument was acknowledged before me on ,2024,by John A.Haila and Renee Hall,as Mayor and City Clerk,respectively,of the City of Ames, Iowa. NOTARY PUBLIC 2 I 7 ACKNOWLEDGEMENT AND CONSENT As an owner of an interest in certain real property benefitted by the Easement Area,the owner thereof acknowledges and the easement described in the foregoing and hereby consents thereto. TOWNHOMES AT CREEKSIDE,LLLP, an Iowa limited liability limited partnership, By: TOWNHOMES AT CREEKSIDE,GP,LLC, an Iowa limited liability company,its General Partner ncl Dated ,20?4. By; Michael Kie nan, anaging Member STATE OF IOWA,COUNTY OF POLK,SS.: This instrument was acknowledged before me on �°r`( . 2024, by Michael Kiernan, as Managing Member of Townhomes at Creekside, GP, LLC, the General Partner of Townhomes at Creekside,LLLP. NOTA UBLIC RYAN P GALLOWAY Commission Number 786376 My Commis n Expires /d y aoaG 3 8 EASEMENT EXHIBIT A EXHIBIT'01' OUTLOT Y BAKER SUBDIVISION W 977°53'35'E LOT 8 \ 10.00' BAKER .. _ $1?°�trsalN R�srq�cEr SUBDIVISION I EXI5TING� 10.tl� As O 10'P.U.E. fir ' N12°30'54"E P•o.0. �` —94 aB 74.85' —. LOT7 f� S12°30'54"W BAKER ! 68.52' P.O.0 SUBDIVISION MOST NORTHEASTERLY CORNER OF LOT 27, BAKER SUBDIVISION f' 352°43'20"E LOT 6I 114,26' BAKER k SUBDIVISION J ` 115,70' — LOT 5 � i LOT27 BAKER SUBDIVISION BAKER SUBDIVISION 300°00'00"E — I 80,60, N00°00'00"E 71,28' N LOT 4 N c BAKER m SUBDIVISION — N46°08'S1"E O y 96;76' .. LOT 3 X � 61"W 101.02' BAKER SUBDIVISION f. N43°51'09"W d --- 10.00' LOT 2 BAKER SUBDIVISION p LOT 1 a BAKER T^ g SUBDIVISION LOT n AMES MIDDLE SCHOOL 2003 PLAT 2 LEGAL DESCRIPTION: BEING A PART OF LOT 27,BAKER SUBDIVISION,AN OFFICIAL PLAT,INCLUDED IN AND FORMING A PART OF THE CITY OF AMES,STORY COUNTY,IOWA,DESCRIBED AS FOLLOWS: 8 COMMENCING AT THE MOST NORTHEASTERLY CORNER OF SAID LOT 27;THENCE N N77°53'35"W,ALONG THE NORTHERN LINE OF SAID LOT 27,A DISTANCE OF 194.18 NORTH FEET,THENCE 812°30'54"W,10.00 FEET TO THE POINT OF BEGINNING;THENCE CONTINUING S12°3054"W,68.52 FEET;THENCE S52°43'20"E,114.28 FEET;THENCE 0 30 60 S00°00'00"E,80,50 FEET;THENCE S46°08'51"W,101.02 FEET,THENCE N43°51'09"W, 10.00 FEET;THENCE N46"08'51"E,96.76 FEET;THENCE N00°00'00"E,71.28 FEET; (IN FEET) 3'2 THENCE N52°40"W,115.70 FEET;THENCE N12°30.54"E,74.85 FEET;THENCE 1 Inch-60 ft, 9 S77"53'35"E,10.00 FEET TO THE POINT OF BEGINNING, LEGEND DESCRIBED AREA CONTAINS 3614 SQUARE FEET AND IS SUBJECT TO EASEMENTS — — PROPERTY LINE~ sEcnON LINE AND RESTRICTIONS OF RECORD. ———— wervTwi F� / EAE MENT M[A I' 1= ENGINEER DROWN H1 P.U.E.EASEMENT rS KBII 3355F.Or .W Naad REV-810NB EX'HIOIT SURVEYOR CREWCHIEF M U �,N Ante iJTYi iT P5 WR C a,"*,i:-�3s� AMES,IOWA STORY COUNTY SKETCH NO zu2a001451 EX H-01 melding IlVes better, 0 2/1 212 0 24 9 EASEMENT EXHIBIT EXHIBIT'02' P O Ba AREA 1 P,O;C,AREA 2 MOST NORTHWESTERLY CORNER OF LOT 27, Ln12.93' BAKER SUBDIVISION -� R=192.50' , OUTLOT Y A-3°50'51' BAKER SUBDIVISION W CHD=S66°12'14'E CHD L-12.92' LOT 8 7 BAKER S SUBDIVISION f 11'1T'E ' �. 4, 8R, 110. �• . 79.19 N89159.45'W 589°59'45"E S89.59145'E B:BT 23.40' +:, LOT 7 AREA 1 BAKER SUBDIVISION P.O.B.AREA 2 SDO°0035'W N76123'38'W1 SAY � .. � ,T4• S44153'10"W j 3.60' "E � 15.3V 001E LOT 6 20,21' BAKER N44°53'10"E SUBDIVISION 20.20' N77.38'33"W I 15.36' LOT / p BAKER SUBDIVISION I �y�,,a,1 LOT 27 r BAKER SUBDIVISION �u LOT 4 l 1pf F N G o BAKER I aQ 0 m° iL SUBDIVISION N45°56'49"W LOT 3 , � 2.77' AREA 2 N44°50'41'W N�915e 1sw21a.ar 19J6 BAKER ' , sueDlvlsloN 306'5815^E 211*194' 48.93' 645°56'49"E S44°50AVE i 16,19, 1;35' N45°00'14'W LOT 2 1.23' 389°59'20"W 50010012111E 3.28' BAKER 489. S8V59'20"W SUBDIVISION /5d77 5451001141E N00°09'06"W 13.66, ^"" a N89°59'20"E LOT 1 01.26' BAKER SUBDIVISION :.._ ...�.,... LOT 2 �y AMES MIDDLE SCHOOL 2003 PLAT 2 —- (LEGEND raof°ERTv uNe A�- —= SECTION LINE N — ROW LINE ne NORTH cai8WtA I �, 4 0 30 80 /y✓'� A"F.A 2 AJIGA 7 ,IN FEET) 1 Inch=80 ft:: SHEET'01102� ENGINEER DRAWN BY x � ��pp� WATER EASEMENT TS KBH a 335 SE Og4�SU07 flEVt810N6 EXHIBIT SURVEYOR CREW CHIEF PS M�c C L U R E'" n 5i` 51°° idol r AMES,IOWA STORY COUNTY SKETCH NO rcaktrig I ven betlel 2023001461 EXH-02 0211212024 10 EASEMENT EXHIBIT EXHIBIT'03' OUTLOT Y I j —-• HAKi R SUBDIVISION 1 W LOT TRipoSrRF.�r S SUBDIVISION /SS�'O K'1 LOT 7 N12°22'58'E BAKER 25.00' to o7c•� ' �+ SUBDIVISION MOST NORTHEASTERLY CORNER OF LOT 27, `ra �•6r BAKER SUBDIVISION LOT 5 BAKER 3>ti,�,�, J � 18.98' P.O. 99ggt�J SUBDIVISION NGO"00'00"E S00°09'OB"E 82.70'� - 25.00' I !��: 82.W LOT 5 I�f BAKER SUBDIVISION LOT 27 BAKER SUBDIVISION a . to LOT 4 ,/� N 5 BAKER (/ o m SUB DIVISION f g n 0Cf N0WWO� N!m'00'00'E 133, T / BAKER OT3 T-1 { SUBDIVISION N90'00*00W 1ssm r a LOT BAKER SUBDIVISION LOT! - BAKER SUBDIVISION h J. LOT 2 AMES MIDDLE SCHOOL 2003 PLAT 2 LEGAL DESCRIPTION: BEING A PART OF LOT 27,BAKER SUBDIVISION,AN OFFICIAL PLAT,INCLUDED IN AND FORMING A PART OF THE CITY OF AMES,STORY COUNTY,IOWA,DESCRIBED AS FOLLOWS; COMMENCING AT THE MOST NORTHEASTERLY CORNER OF SAID LOT 27;THENCE N SOO°09'06"E,ALONG THE EASTERN LINE OF SAID LOT 27,A DISTANCE OF 81.31 FEET NORTH TO THE POINT OF BEGINNING;THENCE CONTINUING SOO°09'06"E,ALONG THE " EASTERN LINE OF SAID LOT 27 A DISTANCE OF 25.00 FEET;THENCE NOW00000"W,A 0 DISTANCE OF 82.36 FEET;THENCE S00°00'00"E,136,50 FEET;THENCE N90°00'00"W, 158.89 FEET,THENCE N00"00'00"E A DISTANCE OF 25,00 FEET;THENCE 1490°00'00"E, (IN FEET) 133.89 FEET;THENCE NOO°00'00"E,135,35 FEET;THENCE N77°37'02"W,189,46 FEET; 1 Inch=80 ft. THENCE N12°22'58"E A DISTANCE OF 25.00 FEET;THENCE S77°37'02"E,189,57 FEET, - THENCE SOO°00'00"E,18.96 FEET,THENCE N90°00'00"E,82,30 FEET TO THE POINT OF LEGEND BEGINNING, — — PNOPt3YrY`LR& --— SECT1014 LMIE ROW LNE DESCRIBED AREA CONTAINS 14,153.SQUARE FEET AND IS SUBJECT TO EASEMENTS rf��� AND RESTRICTIONS OF RECORD, I/ � ARp1 11'�r� fNWNEER ORKBHO z ��, SANITARY EASEMENT Ts KBH /�+ sae;r-,,,,,,,;,,,,ro.a KEVItilON6 EXHIBIT' suaverort chew cH,aF MCC L U R E w : . :.'+:21 03/05/2024 PS WR �,,�,�,z uc AMES,fOWA STORY COUNTY SKETCH NO making Wes bolter 2023001461 EXH-03 02/1212024 11