HomeMy WebLinkAboutA003 - Council Action Form dates September 17, 2024ITEM #:1
DATE:09-17-24
DEPT:PW
SUBJECT:2024/25 SOUTH 16TH STREET ROADWAY WIDENING - ROADWAY
EASEMENT
COUNCIL ACTION FORM
BACKGROUND:
South 16th Street, from University Boulevard to Apple Place, is a two-lane institutional road owned by
and under the jurisdiction of Iowa State University. This roadway serves as a minor arterial road, and
its current configuration is not sufficient for the demands placed on it by routine traffic, transit buses,
and athletic event traffic.
To address these constraints, the City has pursued a project to reconstruct and widen South 16th Street
to four lanes from University Boulevard to Veterinary Medicine Trail, transform the roadway into an
urban cross section with curb and gutter, and traffic control improvements at Christensen Drive and
South Riverside Drive. The proposed project would include extension of box culvert at Worrell Creek,
and multi-use trail along the south and north side of South 16th Street from University Boulevard to
Veterinary Medicine Trail.
Because this project is being undertaken by the City on University property, a significant amount
of coordination is necessary. To manage this, staff from the City and ISU have developed a
roadway easement document, which is now presented for Council approval (attached). This
easement describes the process to be used to finalize the construction details, construct the project, and
for the City to operate and maintain the roadway into the future. The completed roadway will be under
the jurisdiction and regulatory authority of the City. Once approved by the City, the easement will be
submitted to the Board of Regents for approval on behalf of ISU.
The design of this project is nearing completion. The plans have been reviewed by ISU and City staff at
the preliminary plan stage. The final plans are scheduled to be submitted to Iowa State University and
Iowa DOT for a February bid letting. The current plan is to begin Phase I of the construction in Spring
2025 and begin Phase II of the construction in Spring 2026. The project budget is provided below:
Program Budget:
Funding Source Available
Revenue
Estimated
Expenses
2023/24 G.O. Bonds $ 325,000
2024/25 G.O. Bonds $ 741,000
2024/25 STP Funds $2,814,000
Construction $3,230,000
Engineering/Administration $ 650,000
TOTAL $3,880,000 $3,880,000
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ALTERNATIVES:
1. Approve the roadway easement with Iowa State University for South 16th Street reconstruction
and widening project.
2. Reject the easement agreement and direct staff to negotiate different terms for this easement with
Iowa State University.
CITY MANAGER'S RECOMMENDED ACTION:
Approval of this easement agreement enables the Board of Regents to consider approval at its next
meeting. Delaying or rejecting the agreement would delay the bidding process and likely defer this
project to the next construction season. The easement agreement addresses the process for the
construction and ongoing operation of the roadway. Therefore, it is the recommendation of the City
Manager that the City Council adopt Alternative No. 1, as described above.
ATTACHMENT(S):
EasementPlat(current).pdf
S. 16th Street Roadway Easement Document.pdf
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CURVE ID TANGENT LENGTH RADUIS DELTA CHORD CHORD BEARING
C1 352.77'646.41'650.00'56°58'46" RT 620.10'N 57°11'33" W
C2 50.06'100.04'1034.93'05°31'11" RT 100.00'N 56°16'20" E
C3 24.54'49.05'575.00'33°10'52" LT 49.04'S 31°08'48" E
C4 261.69'488.50'550.00'50°53'22" LT 472.61'S 60°14'15" E
C5 201.69'395.14'800.00'28°18'00" LT 391.14'N 71°31'56" W
LINE BEARING LENGTH
L1 N 85°40'56" W 334.23'
L2 N 27°34'40" W 10.00'
L3 N 76°30'26" W 41.20'
L4 N 29°06'55" W 73.71'
L5 N 30°19'29" E 33.42'
L6 N 33°35'26" W 362.04'
L7 S 33°35'26"E 367.81'
L8 S 72°08'18" E 43.71'
L9 S 29°06'00" E 81.10'
L10 S 15°41'00" W 39.33'
L11 S 85°40'56" E 326.02'
L12 S 00°22'18" E 100.34'
L13 N 57°22'56" W 50.34'
L14 N 85°40'56" W 202.81'
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This space reserved for official use
Ph. 515-239-5146 Document Prepared by: Mark O. Lambert, 515 Clark Avenue, Ames IA 50010
Return to: City Clerk, 515 Clark Avenue – P.O. Box 811, Ames IA 50010
Legal Description: See pages 6 and 7.
ROADWAY EASEMENT
This Roadway Easement Agreement is entered into Septembrer 19, 2024, by and between the Board of
Regents, State of Iowa for the use and benefit of Iowa State University of Science and Technology
(“Grantor”) and the City of Ames (“Grantee”)
WHEREAS, Grantor is the owner of certain real property located in the City of Ames, Story County, Iowa,
at 1798 S. 16th Street (Tax Parcel No. 0910350000), 1599 S. 16th Street (Tax Parcel No. 0910325000), 1498
S. 16th Street (Tax Parcel No. 0910450300), and 1499 S. 16th Street (Tax Parcel No. 0910450010),
collectively known as the “Property;” and
WHEREAS, Grantee desires to improve an existing road known as South 16th Street by reconstructing and
widening the same from the intersection of University Boulevard to Apple Place (“Roadway”) as part of a
project in Grantee’s 2024-2029 Capital Improvements Plan (“Project”); and
WHEREAS, the Project includes an increase on South 16th Street from two traffic lanes to four, turn lanes
and traffic control improvements at Christensen Drive and South Riverside Drive into the Iowa State
University College of Veterinary Medicine, a culvert extension at Worrell Creek, improved multi-use paths,
and the potential to elevate the roadway above the 100-year flood elevation; and
WHEREAS, the above-described improvements will benefit Grantee by: completing a minor arterial
linkage from University Boulevard to South Duff Avenue with consistent lane configuration, adequate
capacity, and improved safety, improving flood resiliency, removing traffic bottlenecks at Christensen Drive
and South Riverside Drive, improving safety for turning movements and corridor progression, improving
the efficiency of CyRide bus routes, and improving pedestrian and cyclist capacity and safety by separating
the multi-use trail from the roadway edge; and
WHEREAS, the above-described improvements will benefit Grantor by: providing better and safer access
to Iowa State University Athletics parking areas and College of Veterinary Medicine teaching and research
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facilities used daily by students, faculty, and staff; supporting further Iowa State University development ;
and enhancing the roadway network’s ability to manage traffic during large events.
NOW, THEREFORE, Grantor, pursuant to Iowa Code §262.9(8) and in consideration of the payment of
One Dollar and other considerations set forth in this Agreement, hereby grants to Grantee an easement
consisting of the area described in Exhibit A, subject to the following terms and conditions:
1.Location: The easement granted pursuant to this Agreement shall be located upon and limited to
the tract legally described and depicted on the plat map document marked Exhibit A, which is
attached and made part of this Agreement (“Easement Area”).
2.Use: Grantee shall use the Easement Area only for the purpose of constructing, reconstructing,
using, maintaining, and repairing the Roadway as a public right of way, that may, at the Grantee’s
option include, but is not limited to, the paved traveled portion of the street, traffic signs and signals,
street lighting, surface water drainage systems, sidewalks or shared use paths, and all appurtenant
structures and fixtures. The parties acknowledge that the Easement Area and the Roadway will be
a public right of way under the jurisdiction and regulatory authority of the Grantee and open to use
by members of the public, and Grantor and Grantee may use the Roadway as other members of the
public may use it.
3.Access: Grantee’s entrance upon the Property for the purpose of construction, reconstruction, use,
maintenance, and repair of the Roadway shall be limited to the Easement Area shown in Exhibit A
and to areas agreed upon as set forth in Section 4.
4.Construction: Grantor and Grantee shall each designate at least one representative to serve as its
liaison to the other party regarding the initial Project. Grantor acknowledges that it has received a
complete set of construction plans, which plans include but are not limited to: 1) the dates during
which the construction activities may occur, 2) plans with respect traffic control improvements,
directional signage, utilities, and closure of driveway entrances during construction , 3) what areas
of the Property or other Grantor owned property Grantee will need to use in support of its
construction of the Roadway, and 4) plans for restoring the Property and other Grantor property
that Grantee uses in connection with the construction of the Grantee Components once construction
is completed.
Grantor acknowledges that it has reviewed the construction plans described above and grants
approval for the construction of the Project in accordance with said plans. Grantee agrees to
construct the Project in accordance with the approved construction plans, notwithstanding de
minimis adjustments that do not materially affect the alignment of the Roadway, such as
adjustments to actual measured quantities of materials. Grantee shall only use those areas of
Grantee’s Property that are set forth in the approved construction plans. Grantee’s use of any other
areas of Grantor’s property requires Grantor’s prior written consent.
Grantor’s property shall not be subjected to liens of any nature by reason of Grantee’s construction,
maintenance or repair of the Roadway or by reason of any other act or omission of Grantee,
including, but not limited to, mechanic’s and materialman’s liens. Grantee has no power, right or
authority to subject Grantor’s property to any mechanic’s or materialman’s lien or claim of lien.
5.Utilities Crossings: All crossings of Grantor’s sewers, water lines, electric lines, tile lines, or other
existing facilities shall be made in cooperation with and subject to the reasonable specifications of
the engineer or other official of Iowa State University in charge of such installation. If the Easement
Area crosses an easement or leased area previously granted by Grantor to a utility provider or other
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entity, prior to engaging in construction activities in the Easement Area, and with the assistance of
the Grantor, Grantee shall obtain from such entity its written consent to the easement granted herein
and submit to Grantor a copy of the written consent.
6.Restoration: Grantee shall ensure that restoration of Grantor’s Property is in accordance with the
approved plans.
7.Liability.
a.Damage to ISU Property. Grantee shall promptly notify Iowa State University of any
damage to the Easement Area, Property or other real or personal property of Iowa State
University occurring while Grantee is constructing, maintaining or repairing the Roadway.
At Grantor’s request, Grantee shall either repair or replace the damaged property, reimburse
Grantor for reasonable, documented expenses incurred by Grantor to repair or replace the
damaged property or compensate Grantor for the loss of the property.
b.Maintenance and Repair. As between Grantor and Grantee, Grantee shall be solely
responsible for maintaining and repairing the Roadway including, but is not limited to, the
paved traveled portion of the street, traffic control improvements, street lighting, surface
water drainage systems, sidewalks or shared use paths, and all appurtenant structures and
fixtures that Grantee installs, has installed on its behalf, or had installed prior to the
execution of this Agreement, but excluding any driveway aprons within the Easement Area
provided for Grantor.
c.Third Party Claims. To the extent permitted by Chapter 670 of the Iowa Code and other
applicable law, Grantee shall indemnify and hold harmless Iowa State University, the Board
of Regents – State of Iowa, the State of Iowa and their respective officers, employees and
agents from any claims, liabilities, damages, fines and expenses arising from the Roadway,
use of the Easement Area by Grantee, or from any tort (as defined in Chapter 670 of the
Iowa Code) arising from the acts or omissions of Grantee or its officers or employees.
d.Insurance. Grantee shall maintain appropriate insurance coverage or self-insure for
liabilities that may arise from the activities set forth in this Agreement.
8.Rights Reserved & Limitations: Grantor reserves to itself and to Iowa State University the right to
use the Easement Area for any purpose that does not interfere with the Roadway and Grantee’s
rights granted in this Agreement, including but not limited to the right to grant easements, leases,
or licenses for or to construct within the Easement Area sewers, water lines, electric lines, tile lines,
or other facilities across or through the Easement Area in a manner that does not interfere with the
Roadway and consistent with the fact that the Roadway shall be a part of the municipal street
system. Grantor shall be responsible for the cost of any restoration of the Roadway that may be
necessary arising from the exercise of Grantor’s rights as described in this paragraph. Grantor shall
not erect or place a building within the Easement Area.
9.Consideration: The consideration for the grant of this easement is the completion of the Roadway
at no expense to Grantor and the benefits such Roadway will provide to Iowa State University as
outlined above.
10.Duration: This easement is granted and all rights hereunder shall endure as long as the Grantee
continues to use the same for any of the purposes described in Paragraph 2 of this Agreement.
Whenever said use discontinues, all rights granted herein shall terminate and revert to the Grantor.
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If the Property is ever subdivided, the Grantor shall, without cost to Grantee, convey fee title by
permanent dedication of the right of way to Grantee subject to the approval of the Board of Regents,
State of Iowa.
11.Assignment Prohibited: This grant is to the Grantee only and cannot be assigned in whole or part
to any other party without written consent of the Grantor, which shall not be unreasonably withheld.
Each and all of the above terms, covenants and conditions are of the essence hereof, and Grantee, by
accepting this instrument, covenants to comply and perform as so specified.
Signature page follows on next page
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IN WITNESS WHEREOF, Grantor and Grantee have executed this instrument by their lawfully
designated officials as of the date first written above.
BOARD OF REGENTS, STATE OF IOWA
By: ______________________________
Mark Braun
Executive Director
State of Iowa )
S.S.
County of Polk )
On this ____ day of _______________, 20___, before me, the undersigned, a Notary Public in
and for the State of Iowa, personally appeared the executive director of the Board of Regents, State of
Iowa, to me personally known, who being by me duly sworn, did say that he is Mark Braun, that the
instrument was signed on behalf of and by the authority of the Board of Regents, State of Iowa and that
Mark Braun was authorized to execute this instrument by vote of the Board of Regents, State of Iowa at
its meeting on the ____ day of _______________, 20___, and that the execution of this instrument is a
voluntary act and deed of the Board of Regents, State of Iowa and of the executive director.
__________________________________________
Notary Public in and for Said County
My Commission Expires: _____________________
CITY OF AMES
By: ______________________________
John A. Haila, Mayor
Attest by: ______________________________
Renee Hall, City Clerk
State of Iowa )
S.S.
County of Story )
On this ____ day of _______________, 20___, before me, the undersigned, a Notary Public in
and for the State of Iowa, personally appeared John A. Haila and Renee Hall, as the Mayor and City
Clerk, respectively, of the City of Ames, Iowa.
__________________________________________
Notary Public in and for Said County
My Commission Expires: _____________________
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EXHIBIT A, PARCEL 1
A STRIP OF LAND DEDICATED TO ROADWAY RIGHT-OF-WAY LOCATED IN THE SOUTHEAST QUARTER OF
THE SOUTHWEST QUARTER OF SECTION 10, TOWNSHIP 83 NORTH, RANGE 24 WEST, CITY OF AMES,
STORY COUNTY, IOWA, DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTH QUARTER CORNER OF SECTION 10, T83N, R24W, CITY OF AMES, IOWA;
THENCE N 00°22’18” W, TO THE POINT OF BEGINING ON THE EAST LINE OF SAID SOUTHEAST QUARTER
OF THE SOUTHWEST QUARTER, A DISTANCE OF 290.20 FEET; THENCE N 85°40’56” W, A DISTANCE OF
334.23 FEET TO A 646.41 FOOT LONG, 650.00 FOOT RADUIS CURVE CONCAVE SOUTHWESTERLY, WITH A
CORD BEARING N 57°11’33” W, WITH A CHORD DISTANCE OF 620.10 FEET; THENCE N 27°34’40” W, A
DISTANCE OF 10.00 FEET; THENCE N 76°30’26” W, A DISTANCE OF 41.20 FEET; THENCE N 29°06’55” W, A
DISTANCE OF 73.71 FEET; THENCE N 30°19’29” E, A DISTANCE OF 33.42 FEET; THENCE N 33°35’26” W,
TO A POINT ON THE SOUTH RIGHT-OF-WAY OF UNIVERSITY BOULEVARD, A DISTANCE OF 362.04 FEET
TO A 100.04 FOOT LONG, 1034.93 FOOT RADUIS CURVE CONCAVE SOUTHEASTERLY, WITH A CORD
BEARING N 56°16’20” E, WITH A CHORD DISTANCE OF 100.00 FEET; THENCE S 33°35’26” E, A DISTANCE
OF 367.81 FEET TO A 49.05 FOOT LONG, 575.00 FOOT RADUIS CURVE CONCAVE NORTHEASTERLY, WITH
A CORD BEARING S 31°08’48” E, WITH A CHORD DISTANCE OF 49.04 FEET; THENCE S 72°08’18” E, A
DISTANCE OF 43.71 FEET: THENCE S 29°06’00” E, A DISTANCE OF 81.10 FEET: THENCE S 15°41’00” W, A
DISTANCE OF 39.33 FEET TO A 488.50 FOOT LONG, 550.00 FOOT RADUIS CURVE CONCAVE
SOUTHWESTERLY, WITH A CORD BEARING S 60°14’15” E, WITH A CHORD DISTANCE OF 472.61 FEET;
THENCE S 85°40’56” E TO A POINT ON SAID EAST LINE OF THE SOUTHEAST QUARTER OF THE
SOUTHWEST QUARTER, A DISTANCE OF 326.02 FEET; THENCE S 00°22’18” E, A DISTANCE OF 100.34
FEET, TO THE POINT OF BEGINNING. THE DESCRIBED BOUNDARY CONTAINS 3.40 ACRES (148,378.0 S.F.),
MORE OR LESS.
OWNER: STATE OF IOWA
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EXHIBIT A, PARCEL 2
A ONE HUNDRED (100) FOOT WIDE STRIP OF LAND DEDICATED TO ROAD RIGHT-OF-WAY LOCATED IN
THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 10, TOWNSHIP 83 NORTH,
RANGE 24 WEST, CITY OF AMES, STORY COUNTY, IOWA, THE CENTERLINE IS DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST
QUARTER, SECTION 10, T83N, R24W, CITY OF AMES, IOWA; THENCE S 89°43’36” W, ON THE SOUTH LINE
OF SAID SECTION 10, A DISTANCE OF 823.82 FEET; THENCE N 32°17’49” E TO THE POINT OF BEGINNING,
POINT ALSO ON THE WEST RIGHT-OF-WAY OF THE FORMER C & NW RAILWAY RAILROAD, A DISTANCE
OF 203.06 FEET; THENCE N 57°22’56” W, A DISTANCE OF 50.34 FEET TO THE BEGINNING OF A 395.14
FOOT LONG, 800.00 FOOT RADUIS CURVE CONCAVE NORTHWESTERLY, WITH A CORD BEARING N
71°31’56” W, WITH A CHORD DISTANCE OF 391.14 FEET; THENCE N 85°40’56” W, TO THE POINT OF
ENDING ON THE WEST LINE OF SAID SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER, A DISTANCE
OF 202.81 FEET. SAID EASEMENT TERMINATING ON SAID WEST LINE OF SAID SOUTHWEST QUARTER OF
THE SOUTHEAST QUARTER. THE DESCRIBED (100) FOOT WIDE ROADWAY EASEMENT CONTAINS 1.48
ACRES (64,828.7 S.F.), MORE OR LESS.
OWNER: STATE OF IOWA
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CURVE ID TANGENT LENGTH RADUIS DELTA CHORD CHORD BEARING
C1 352.77'646.41'650.00'56°58'46" RT 620.10'N 57°11'33" W
C2 50.06'100.04'1034.93'05°31'11" RT 100.00'N 56°16'20" E
C3 24.54'49.05'575.00'33°10'52" LT 49.04'S 31°08'48" E
C4 261.69'488.50'550.00'50°53'22" LT 472.61'S 60°14'15" E
C5 201.69'395.14'800.00'28°18'00" LT 391.14'N 71°31'56" W
LINE BEARING LENGTH
L1 N 85°40'56" W 334.23'
L2 N 27°34'40" W 10.00'
L3 N 76°30'26" W 41.20'
L4 N 29°06'55" W 73.71'
L5 N 30°19'29" E 33.42'
L6 N 33°35'26" W 362.04'
L7 S 33°35'26"E 367.81'
L8 S 72°08'18" E 43.71'
L9 S 29°06'00" E 81.10'
L10 S 15°41'00" W 39.33'
L11 S 85°40'56" E 326.02'
L12 S 00°22'18" E 100.34'
L13 N 57°22'56" W 50.34'
L14 N 85°40'56" W 202.81'
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