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