Loading...
HomeMy WebLinkAboutA001 - Council Action Form dated May 14, 2024 ITEM#: 43 DATE: 05-14-24 DEPT: PW COUNCIL ACTION FORM SUBJECT: VACATING EXISTING ELECTRIC UTILITY EASEMENTS AT 302 AND 212 SONDROL AVENUE BACKGROUND: Mechanical Comfort, Inc at 302 Sondrol Avenue has purchased the property adjacent to the south at 212 Sondrol Avenue for the purpose of a building expansion (see attached aerial). There is an existing storm sewer pipe and Electric Utility Easement running along the lot line between these two parcels from the original development of the subdivision in 1986, which would prevent this building expansion. There are no electric facilities within or planned for the existing easement area. The property owner has had a foundation designed for the expansion using beam footings that will be placed outside of the easement and allow the building to safely span the storm sewer. To facilitate this construction, the existing storm sewer can remain in place, however the existing Utility Easements need to be vacated and a new Storm Sewer Easement (attached - drafted by City legal staff) needs to be approved. The existing Electric Utility Easements to be vacated are as follows: The South 5 feet of Lot 1, Third Addition to Sondrol's Subdivision, Ames, Iowa(302 Sondrol Avenue); -AND- The North 5 feet of Lot 3, Second Addition to Sondrol's Subdivision, Ames, Iowa (212 Sondrol Avenue). The new Storm Sewer Easement includes provisions to protect the City's interest, such as: • The City maintains the right within the easement area to construct, reconstruct, cover over, clean up, operate, use, maintain, and repair the sewer. • At the City's sole discretion, it may be determined that the existing storm sewer needs to be relocated from under the building. The property owner is solely responsible for all costs for relocation and abandoning the existing sewer. • The City is protected from liability from any damage to the building due to the storm sewer. • This easement agreement is binding upon all successors and assigns. Vacating an easement requires setting and holding a public hearing. Therefore, the action requested is to set the public hearing for easement vacation for May 28, 2024, at which time the new Storm Sewer Easement will first be approved and then the existing Electric Utility Easements will be vacated. ALTERNATIVES: 1. Set date of Public Hearing for May 28, 2024, to vacate the existing Electric Utility Easements along the lot line of 302 and 212 Sondrol Avenue, as described above. 2. Do not move forward with the easement vacation process. 1 CITY MANAGER'S RECOMMENDED ACTION: Vacating the existing easement and replacing it with the new Storm Sewer Easement will facilitate the expansion plans of Mechanical Comfort while allowing the existing storm sewer to stay in place as long as no problems occur. Therefore, it is the recommendation of the City Manager that the City council adopt Alternative No.1, as noted above. ATTACHMENT(S): 302 Sondrol Storm Sewer Easement.pdf 302 Sondrol Aerial.pdf 2 S P A C E A B ® `' E R O F F I C I A L U S E - --Legal descriptions Seepage 3..----------._._. ....._......._._......................................_................_._._.._._._._._.._........-- -------- ------------ .... Return document to_Cit�Clerk,515 Clark Avenue,Ames,IA 50010 Doctunent re ared by: Mark O.Lambert Ci ofAmes Leal D nent 515 Clark Ave.,Amos,IA 50010—515-239 5 i46 Storm Sewer Easement Know All ]Persons: The undersigned, 302 SONDROL, LLC, an Iowa limited liability company, hereinafter referred to as the "Grantor"), its successors and assigns, for valuable consideration the sufficiency of which is hereby acknowledged, do hereby grant unto the Cily of Ames, Iowa, a municipal corporation, its successors and assigns (hereinafter referred to as the "Grantee"), 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 over,upon, across and under the Easement Area together with a perpetual right of ingress and egress between said Easement Area from adjacent public rights-of-way. The Easement Area is a strip of land situated in Story County, Iowa,described as follows: For the use of a storm sewer and such other general utilities as may be distributed under franchise of the City of Ames: The real property described in Exhibit"A"attached hereto and by this reference made a part hereof(the"Easement Area"): Grantee shall have the right within the Easement Area to construct,reconstruct,cover over, clean up,operate, use, maintain,and repair the systems 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. Grantor, as the fee simple owner of the underlying real estate, and Grantor's successors and assigns,provides this written grant of easement to the Grantee to make of record of and recognize an existing storm sewer lying underground and within the easement area described herein. Grantor may construct a structure over the easement area, provided it shall be first approved by the City of Ames in accordance with municipal ordinances. In Grantee's sole discretion,Grantee shall have the right to prevent damage to Grantee's improvement within the Easement Area, which shall include the right to remove obstructions within the Easement Area,other than such approved structure. a Maintenance. In its sole discretion, Grantee will provide routine inspection and maintenance to determine the condition of its improvements within the Easement Area,including televising when necessary. 3 Liability. In exchange for Grantee allowing Grantor to construct a structure over Grantee's underground improvements, Grantee shall not be responsible to Grantor, its successors and assigns, for damage caused by storm sewer failure, blockages, overflow backflow, or from subsidence around the pipe causing cracking or movement of any structure. Grantor,successors and assigns, shall save, hold harmless, and indemnify Grantee from and against all loss and 3 damage sustained by Grantor which arises from the construction of improvements within the Easement Area. 4 Relocation. In its sole and absolute discretion, Grantee may determine that it is necessary to relocate the storm sewer system from within the Easement Area to a suitable,alternate location. Grantee will confer with the property owner when making such determination. Grantor, its successors and assigns, shall be solely responsible for all costs related to the closure of the existing storm sewer, the installation of a new storm sewer,and all related costs of relocation of the storm sewer, including labor, materials, surveying, engineering, legal, and recording costs necessary for construction of the relocated storm sewer. 5 Restoration.Immediately following construction,reconstruction,or repair work by the Grantee within the Easement Area, weather and season permitting, Grantee shall return the Easement Area to its condition prior to said work,at Grantee's sole cost. Nothwithstanding the foregoing, Grantee shall have no responsibility whatsoever to repair, reconstruct, or otherwise restore the structure lying over and upon the Easement Area. 6 Nonexclusive Easement. The easement rights granted under this instrument to the Grantee are nonexclusive. This instrument shall not preclude the Grantor from granting similar ease- ment rights to third parties upon terms and conditions that do not impair or diminish the rights granted under this instrument to the Grantee. 7 Title Warranty.The Grantor warrants to the Grantee that the Grantor holds the Easement Area by title in fee simple;that the Grantor has good and lawful authority to grant the easement rights herein provided for. 8 Successors. This Easement shall be binding upon successors and/or assigns of both the Grantor and Grantee. 9 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 on 2024. 302 SONDRO LLC oe B : 1zle — SIGNATURE fir I 1:n� _ - _S_L�Z-1 &Aj PRINTED TITLE OOR[ZED SIGNER STATE OF IOWA, COUNTY OF IOWA, SS.: This instrument was acknowledged before me on o . 3 2024) by Y 1 h (I (insert name), as (insert title), of 302 Sondrol, LLC. WAL X BRITTANY COd�ELLr Commission Number 772551 ` G41a My dam NOTARY P LIC 4 Exhibit `A'-- Description of Storm Sewer Easement Area The South 5 feet of Lot 1,Third Addition.to Sondrol's Subdivision., Ames, Iowa; -AND- The North 5 feet of Lot 3, Second Addition to Sondrol's Subdivision,Ames, Iowa. 5 i W 00 lot I � > Q _ AAML- o I, J O o . 00 � O O v / 00 N W 1 J i t O J ,O� n 3?o?urces:Esri,Airbu ® IAR, N R i AS, 888 IV'L""S-®�fV'M P—fie In, R L f 1V 6 Intermap and the I E ri, ®m om, rmin, FAO, NOAA, US Nlap contributors,and the GIjS User 3 Community,City of Ames, IA CITY OF ArcGIS Web Map Ames- Geographic Information Systems ©City of Ames,Iowa makes no warranties,expressed or implied, including without limitation,any warranties of merchantability or fitness for a particular purpose.In no event shall the City of Ames be liable for lost profits or any consequential or incidental damages caused by 1 :564 NORTH 6 the use of this map.