HomeMy WebLinkAbout~Master - Purchase Agreement for Parcel 11 (450 South Grand Avenue) RESOLUTION NO. 19-245
RESOLUTION APPROVING PURCHASE AGREEMENT WITH KENT E. AND JOAN
A. COOPER FOR PARCEL 11 (450 SOUTH GRAND AVENUE) IN CONNECTION
WITH SOUTH GRAND AVENUE EXTENSION PROJECT
FOR THE CITY OF AMES,IOWA
WHEREAS, the City of Ames is acquiring 450 South Grand Avenue for the South Grand
Avenue/S 5th Street Extension Project; and,
WHEREAS, this parcel is owned by Kent E. and Joan E. Cooper and located at 450 South
Grand Avenue;it is an open field where the new proposed South 5t'Street alignment passes through;
and,
WHEREAS,negotiations have been completed on the property,with the acquisition area of
6.099 acres being acquired and a total lump sum compensation being$102,050; and,
WHEREAS,below are the terms that both the buyer and the seller agreed on to acquire the
parcel:
1. Buyer does not require an approved Floodplain Development Permit from Seller as
the elevation of the remaining 2.009-acre tract is developable in its current state. The
Seller's attorney has determined that this simply means a Floodplain Development
Permit is not required for the transfer of the property. They acknowledge that,prior
to any development of the remaining 2.009-acre tract, a Floodplain Development
Permit will be required.
2. Buyer is purchasing real estate rights for a public improvement project, not as part
of a subdivision development.Therefore,Buyer will not extend any water or sanitary
sewer main to the remaining 2.009-acre tract. Any extension of water or sewer mains
to the remaining 2.009-acre tract as part of future development shall be at the sole
expense of the Seller.
3. Buyer and Seller agree that Buyer is installing an obstacle (the road)that will need
to be crossed by Seller for sanitary sewer service as part of future development.
Buyer hereby agrees to pay Seller$10,000.00 for the cost of overcoming the obstacle
(boring under the road) created from this project, which is included in the Total
Lump Sum compensation amount.
4. Buyer hereby agrees to allow Seller to construct storm water and/or surface water
flowage facilities within the real estate located South of the new road, contingent of
the following:
a. The stormwater management is required as part of development of the
remaining 2.009-acre tract lying North of the new road.
b. No negative impact on the sanitary sewer.
C. Review by Buyer's Development Review Committee (DRC) process is
administered by the Planning Department,which is separate from this public
improvement process and is the responsibility to be initiated by the Seller.
d. Seller is responsible for buffer establishment on the open channel/waterway
located on the 2.009-acre tract lying North of the new road,which is required
of Chapter 5B Post-Construction Stormwater Management Ordinance. The
buffer width shall be 20 feet on each side perpendicular to the waterway
measured from the centerline of the channel during base flows (minimum
total width of 40 feet).
e. Seller is responsible for disposal of existing waste materials located on the
site.
f. Seller is responsible for inspection and maintenance of the facility, if
approved.
g. Contingency on City Council approval of all terms of this Purchase
Agreement. Buyer hereby agrees to inform Seller of the meeting scheduled
in the future with City Council to discuss the Purchase Agreement and
Seller's real estate so Seller's input maybe provided directly to City Council.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Ames, Iowa,
that the Purchase Agreement for South Grand Avenue Extension project in the amount of$102,050
to Kent E. and Joan E. Cooper for Parcel 11, located at 450 South Grand Avenue, is hereby
approved.
ADOPTED THIS 28t' day of May, 2019.
Diane R. Voss, City Clerk John . Haila, Mayor
Introduced by: Betcher
Seconded by: Nelson
Voting aye: Beatty-Hansen, Betcher, Corrieri, Gartin, Martin, Nelson
Voting nay: None Absent: None
Resolution declared adopted and signed by the Mayor this 28t'day of May, 2019.