HomeMy WebLinkAboutA014 - Council Action Form dated May 9, 2017 4
ITEM # 15a&b
DATE 05-09-17
COUNCIL ACTION FORM
SUBJECT: AGREEMENT FOR FUTURE ACCESS EASEMENT AND AGREEMENT
FOR PUBLIC IMPROVEMENTS FOR ASPEN BUSINESS PARK
SUBDIVISION, THIRD ADDITION
BACKGROUND:
Aspen Business Park Subdivision, Third Addition, Final Plat was approved by City
Council at the April 11, 2017 Meeting. A Final Plat submittal for a Major Subdivision
requires the inclusion of an Agreement for Public Improvements. In this instance, the
applicant was told in error that the Agreement was not needed. The applicant has since
submitted the necessary document.
In addition, the developer has submitted an Easement Agreement that will allow for the
future extension of Grand Avenue. The proposed easement is located in the southwest
corner of Aspen Business Park Subdivision, Third Addition, Lot 2.
Staff has reviewed the Easement Agreement and the Agreement for Public
Improvements and is satisfied that they meet the requirements for the access
easement for the future extension of Grand Avenue and guarantees that public
improvements will be completed, respectively.
A copy of the Easement Agreement and Agreement for Public Improvements are
attached to this Council Action Form. If the City Council approves the Agreement, staff
will finalize the signatures and facilitate recording of the document.
ALTERNATIVES:
1. The City Council can approve the attached Access Easement and Agreement for
Public Improvements between the owner of Aspen Business Park Subdivision,
Third Addition, and the City.
2. The City Council can disapprove the attached Access Easement and Agreement
for Public Improvements between the owner of Aspen Business Park Subdivision,
Third Addition and the City.
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MANAGER'S RECOMMENDED ACTION:
This Access Easement will preserve the City's right to facilitate the future extension of
Grand Avenue. The Agreement for Public Improvements will ensure that all public
improvements are installed to the City's standards with the development of Aspen
Business Park Subdivision, Third Addition.
Therefore, it is the recommendation of the City Manager that the City Council approve
Alternative # 1 as described above.
S:\Planning.Dep\PLAN_SHR\Council Boards Commissions\CC\Cross Access Easements\436 S.Duff—Future Access Agreement_10-11-16.docx
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Attachment A— Easement Agreement
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.Prepared by:John A.TBIo,Pasley&Singer law Firm,LIP,323 Sixth St,P.O.Box 66+Ames,IA 5oo10
Return to:John A Tillo,Pasley&Singer Law Finn,LLP,323 Sixth St.,P.O.Box 664,Ames,IA 5om0
Easement Agreement
THIS Is AN AGREEMENT made by and between Grantor and Grantee upon the following terms
and conditions:
i DEFINITIONS.When used in this agreement,unless otherwise required by the context:
m'Agreement'means this instrument as signed by the parties thereto.
1.2'Easement Area"means the tract of land described as follows:the area of land described as
the'Right of Way Reservation'on'Exhibit A".The"Easement Aura"may otherwise be de=
scribed as:
That part of Lot a,ASPEN BUSINESS PARK SUBDIVISION,THIRD ADDI-
TION,Ames,Story County,Iowa,lying west oft line drawn front the North-
west corner thereof to a point on the South line ofsaid Lola,which is go.00
feet East of the Southwest Corner thereof.
1.3'Exhibit A"is the Final Plat of the'Aspen Business Park Subdivision,Third Addition,Ames,
Story County,Iowa;a copy ofwhich is attached hereto.
1.4"Grantee'means The City of Ames of Story County,Iowa.
1.5"Grantor"means Tailwind r854 Madison,LLC,a Minnesota limited liability company.
a CIRCUMSTANCES.Grantor is the owner of certain real estate depicted as"Lot a'on Exhibit A,by
virtue of legal title,that it is lawfully seized and possessed ofsaid real estate.Grantor desires to
grant to the City of Ames of Story County,Iowa the right to use the Easement Area for a public
street and public right-of-way. Grantee contemplates constructing that public street currently
known as South Grand Avenue in the future,which necessitated this grant of rights to the City
ofArnes of Story County,Iowa.
3 EASEMENT CREATED.Within the Easement Area,the Grantee shall have and hold the perpetual
right to construct,reconstruct,operate,use,maintain and repair a street and public right-of-
way.
q OBLIGATIONS OF GRANTOR.Grantor shall not: R
4.1 erect any structures over or within the Easement Area without obtaining the prior written
approval of the City Engineer of the City ofAmes,Iowa,or
4.2 erect or cause to be placed on the Easement Area any material devices,thing or matter which
impedes or obstructs free and unimpeded access by the public across the Easement Area
without obtaining the prior written approval of the City Engineer of the City of Ames,Iowa.
ar�'orwvri"'o Pasley&Singer Law Firm,L.L.P.
Ames,Iowa
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Easement Agreement P a g v z 4
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5 CONSTRUCTION ENCROACHMENT. During the initial construction of the improvements that
Grantee is authorized to make within the Easement Area under this Agreement,Grantee shall
have the right,as reasonably necessary for construction purposes,to temporarily encroach upon
land of Grantors adjacent to and extending a distance of two(i)feet from the Easement Area.
6 RESTORATION. Immediately following construction,reconstruction or repair work by the
Grantee within the Easement Area,weather and season permitting,the ground disturbed within
the Easement Area and Encroachment Area by such work shall be restored to Its natural grade
and previous condition by the Grantee or,If reasonably required by said construction,recon-
struction or repair,an Improved grade and condition compatible therewith.If the ground dis-
turbed within the Easement Area and Encroachment Area has existing grass cover or is used for E
gardening or the growing of farm crops,all tillable topsoil removed from such ground area shall i
be separately stockpiled and then restored to Its previous surface location upon completion of
the construction,reconstruction or repair work.
y SEEDING.Immediately following construction,reconstruction or repair work by Grantee within
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 custom-
ary methods ofsoil preparation and planting by Grantee.
8 TITLE WARRANrT.Grantor warrants to Grantee that Grantor holds the Easement Area by title in
fee simple;that Grantor has good and lawftd authority to grant the easement rights herein pro-
vided for,and that any prior liens or encumbrances on the Easement Area will either be released
forthwith or will be subordinated to the easement rights granted herein by a duly executed and
recorded subordination agreement.
9 NoTice. Unless otherwise required by law,any notice or demand required or permitted by the
terms ofthis agreement shall be sufficient and deemed complete when expressed in writing and
either(a)personally delivered to the person entitled thereto,or(b)deposited at any office ofthe
United States Postal Service in the form of certified mail addressed to the last known mailing ;
address of the person entitled thereto,or(c)served on the person entitled thereto in the manner I
ofan original notice under the Iowa Rules of Civil Procedure.
in AGREEMENT.This easement Is given pursuant to an obligation to reserve street right-of-way and
a no build zone under a Contract Rezoning Agreement filed with the Story County Recorder,
January u,2or6,as Instrument No.i6•oo239.
11 SUCCESSORS BOUND, This agreement shall be binding upon and inure to the benefit of the re-
spective successors and assigns of all parties executing this Agreement.
12 INTERPRETATION.Words and phrases used in this agreement shall be construed as In the single
or plural number,and as masculine,feminine or neuter gender,according to the context.This
agreement shall be governed exclusively by and construed in accordance with the laws of the
State of Iowa.The paragraph headings in this agreement are for convenience only and in no way
define or limit the scope or intent of any provisions of this agreement.This agreement may be
Pasley&Singer Law Firm,L.L.P.
Ames,Iowa t
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Easement Agreement M P A t c 13
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executed in any number of counterparts,each of which shall be regarded as an original and all
of wbich shall constitute but one and the some Instrument.
In Witness Whereof the Grantor executes this instrument on i"'� _.wt7.
_;T�ailw iid t854-Madison,LLC
By:Michael Sather,Managing Member
Address---
STATE OF _ COUNTY OF ° ✓IP 141 SS;
This instrument was acknowledged before me this 41 day of May,2m7,by Michael
Sather,Managing Member ofTaihvind1854 Madison,LLC.
(SEAL)
n0.1l-U -z _---
Not ry Public in and for the State of
JANIN[B,ZIMMERMAN
NOTARY PUBUC
MINN280TA
el alp n#s�4IDW t1,t111
Pasley&singer Law Firm,L.L.P.
Ames,Iowa
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Easement Agreement Page 14
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In Witness Whereof the Grantee executes this Instrument on .aoty.
CITY OF AMES !�!
Ey:Director of Public Works S
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STATE OF IOWA,COUNTY OF STORY,SS:
This instrument was acknowledged before me this day of April,amy,by
as Director of Public Works for the City of Ames,Iowa.
(SEAL)
Notary Public in and for the State of Iowa
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of^"°^��'^+•'.xi," Pasiey&Singer Law Firm,L.L.P.
Ames,Iowa
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THIRD ADDITION
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EXHIBT A S
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Attachment B —Agreement for Public Improvements
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DO NOT wRrrE IN TIIE SPACE ABOVE THIS LINE,RESERVED Fort RECORDER
Proyt,.d hr.Inbn A.riillo,Pastry&Singv Lair Fim I.I.P.323 Sixth S1.,P.O.Box 667.Al"",IA 50010'.515-2324732
Rnom to:Ciry Chit,City orAmtx,515 Clark A,..Ames,IA 5001a
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AGREEMENT FOR PUBLIC IMPROVEMENTS i
The parties to this Agreement are Tailwind 1854 Madison,LLC,a Minnesota limited
liability company,hereinafter referred to as"Owner",and the CITY OF AMES,IOWA,
hereinaftcr referred to as"City".
WHEREAS,the City approved a minor subdivision filial plat pursuant to Section 23.303,
Ames Municipal Code which is now known as Aspen Business Park Subdivision,Third Addition,
Ames,Story County,Iowa(the"Real Estate");and,
WHEREAS,the Owner is the sole,lawful owner in fee simple of the Real Estate;and,
WHEREAS, the Owner consents to the City's request to further clarify the public
improvements to be installed and constructed by Owner on said Real Estate;and,
WHEREAS,the Owner agrees to construct certain improvements and utilities within the
Real Estate,to wit:See"Itemization"on page 2,by not later than April 10,2018 and,to pay
reasonable engineering and inspection fees therefore,all as part of the platting procedure of the t
City;and
WHEREAS,the Owner has deposited with the City an irrevocable standby letter of credit
dated April 10,2017 in the amount of$595,G33,94 conditioned upon the completion of the said
improvements and utilities,by April 10,2018,as required by the City for said Subdivision,in
accordance with plans and specifications on file with the City's engineers and by this reference
made a part of this agreement.
NOW,THEREFORE,in consideration of the premises,it is hereby agreed that the City
reserves the right to construct said improvements and utilities in the event Owner fails to do so as
herein agreed,and to cover the costs thereof with the irrevocable standby letter of credit.
iT IS FURTHER AGREED that upon satisfactory completion of the said improvements
and utilities,including the paying of reasonable engineering and inspection fees therefore,the letter
of credit shall be released and returned to Owner.
DATED this_Lj=day of 114U.1 2017.
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In Witness Whereof the Owner executes this instrument on P)! -7
2017.
`I`aihvind 185'' adison,LLC
By:Micael Sather,Managing Member
sTKrr,:OP M COUNTY OF_Ijeyiuie .t ,sS:
This instrument was acknowledged before me this 4 day of May,2017,by
Michael Sather,Managing Member of Tailwind 1854 Madison,LLC.
(SEAL)
Not Public in and for the State of M
JANINE D.PIDAMERWAN
ROTARY PHHLIC
.!@RNE80YA
We�me�u®ur>r.aon
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In Witness Whereofthe City executes this instrument on .2017.
John Joiner,
Director of Public Works
City of Ames,Iowa
STATE Or Iowa,COUNTY OF Story,SS:
This instrument was acknowledged before me this _day of May,2017,by
John Joiner,Director,City of Ames Public Works.
a
(58AL)
Notary Public in and for the State of Iowa
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Itemized List
1.Public Streets—Lot A,S.17"Street
2.Sanitary Sewer Line '
3.Storm Sewer Line
4.Water Main
5.Stiect Lighting
6.Street Trees
7.Sidewalks
8.COSESCO
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