HomeMy WebLinkAbout~Master - June 4, 2025, Regular Meeting of the Ames City Council1.Resolution waiving Purchasing Policies and Procedures requirement for competitive bids
and awarding a single source contract in the amount of $71,317.80 plus freight to Hennen
Equipment, Inc. of Shakopee, MN, for Resource Recovery primary shredder door
replacement
2.Resolution approving Consent to Release of Storm Drainage Easement for Lot 2 of the
Deery Subdivision located at 1820 SE 16th Street
AGENDA
SPECIAL MEETING OF THE AMES CITY COUNCIL
COUNCIL CHAMBERS - CITY HALL**
**THIS WILL BE AN ELECTRONIC MEETING. IF YOU WISH TO PROVIDE INPUT ON ANY
ITEM, YOU MAY DO SO AS A VIDEO PARTICIPANT BY GOING TO:
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OR BY TELEPHONE BY DIALING: 833-548-0276
ZOOM MEETING ID: 813-3058-8116
JUNE 4, 2025
NOTICE TO THE PUBLIC: The Mayor and City Council welcome comments
from the public during discussion. The Standards of Decorum, posted at the
door and available on the City website, define respectful conduct for public
participation. If you wish to speak, please fill out the form on the tablet outside
the door to the Council Chambers or scan the QR Code to the right to fill out
the same form on a personal device. When your name is called, please step to
the microphone, state your name for the record, and keep your comments brief so that others
may have the opportunity to speak.
CALL TO ORDER: 3:15 p.m.
CONSENT:
ADJOURNMENT:
Please note that this agenda may be changed up to 24 hours before the meeting time as
provided by Section 21.4(2), Code of Iowa.
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ITEM #:1
DATE:06-04-25
DEPT:PW
SUBJECT:RESOURCE RECOVERY PRIMARY SHREDDER DOOR REPLACEMENT
COUNCIL ACTION FORM
BACKGROUND:
The City purchased a Komptech Terminator 6000 SEF shredder in 2013 for the Resource
Recovery Plant. The shredder is the primary means of reducing the size of municipal solid
waste (MSW) so that it can be utilized as refuse derived fuel (RDF). MSW is shredded when a
hydraulic rotor spins the shredder. The rotor contains a set of teeth and shredder door
contains another set of teeth in the opposite direction that creates the shredding action.
The current shredder door was last replaced in 2020. It has experienced significant
deterioration in need of replacement. The door is provided only by the original equipment
manufacturer, Komptech USA, which is the single source supplier of this item and will
provide a replacement-in-kind.
The equipment vendor, Hennen Equipment Inc., currently has one available door that is
compatible with the City's shredder unit. This door is located in Denver, CO. If this door
is not able to be purchased by the City, a compatible door would need to be sourced
from Komptech's facilities in Austria. An internationally sourced door will be subject to
significantly higher shipping costs and the potential for tariffs applicable to equipment
that is not domestically sourced.
The vendor is willing to sell the available door to the City, but a financial commitment in the
form of a purchase order is necessary to ensure it remains available. The cost of the
replacement door is $71,317.80 plus a yet to be determined freight cost from Denver
CO. Although the door was planned to be replaced in the FY 2025/26 Capital
Improvements Plan (CIP), the ability to secure the door domestically earlier and avoid
additional costs is in the best fiscal interests of the City.
Funding is available in the FY 2025/26 Resource Recovery System Improvements CIP
program in the amount of $459,000.
ALTERNATIVES:
1. Waive the Purchasing Policies and Procedures requirement for competitive bids, and
award a single source contract to Hennen Equipment, Inc., of Shakopee, MN in the
amount of $71,317.80 plus freight to supply a replacement shredder door.
2. Delay repairs to the shredder door.
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CITY MANAGER'S RECOMMENDED ACTION:
The primary shredder is a critical component of the Resource Recovery Plant
operation. Refuse-derived fuel cannot be produced without a functioning shredder, and
recyclable materials cannot be extracted from the solid waste stream unless the
shredder is operational. The door requires routine replacement and can only be
sourced by the original equipment manufacturer. A door has been located, but a
purchase order is needed to secure it for the City. Delaying this purchase subjects the
City to the risk that a door will need to be sourced internationally, which has the
potential to be significantly costlier. Therefore, it is the recommendation of the City
Manager that the City Council adopt Alternative No. 1, as described above.
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ITEM #:2
DATE:06-04-25
DEPT:P&H
SUBJECT:CONSENT TO RELEASE OF STORM DRAINAGE EASEMENT FOR LOT 2
OF THE DEERY SUBDIVISION LOCATED AT 1820 SE 16TH STREET
COUNCIL ACTION FORM
BACKGROUND:
In 2012 the City Council approved a four lot Deery Subdivision along SE 16th Street for the
eventual development of a regional storm water treatment facility, the Deery car dealership,
and other commercial sites. The intent was for all developable lots to benefit from the storm
water facility built in the outlot through phased development. Lot 2 was approved with a
floating easement granting the City the right to require storm drainage easements at the
time of its development to the benefit of Lot 3. The floating easement was designed to
go away upon approval by the City of the more specific drainage easements concurrent
with phase development.
The prospective developer of Lot 2 requests City approval of a conditional consent (see
attached) to release the 2012 floating easement in order to allow for their purchase of
the site for them to then construct an Olive Garden. The site plan for the Olive Garden
includes private storm water easements at the front and back of the lot to the benefit of
Lot 3 as originally intended.
The consent to release references a private easement and maintenance agreement (see
attached) for storm water drainage easements that the owners of Lot 2 and Lot 3 will
sign to establish the easements, that cannot be modified without City consent, before
Lot 2 is officially transferred to the developer for construction of the Olive Garden. The
requested release becomes effective with the recording the First Amendment to the
Maintenance and Easement Agreement.
ALTERNATIVES:
1. Approve the attached Consent for Release of the floating easement for Lot 2.
2. Approve a Consent for Release of the floating easement for Lot 2 with modified terms.
3. Deny the request for a conditional Consent for Release at this time.
CITY MANAGER'S RECOMMENDED ACTION:
The City's Public Works Department has approved the Olive Garden site plan and the
creation of the private easements. The new private easements fulfill the intent of the
floating easement to support phased development. With Council's approval of the
Consent to Release the terms of the floating easements are effectively fulfilled and it is
no longer necessary. Therefore, the City Manager recommends the City Council approve
Alternative 1.
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ATTACHMENT(S):
First Amendment to Outlot and Easement Maintenance Agreement (Updated) - 4621898
v.1.pdf
Consent For Release of Storm Water Drainage Easement
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#4620705 v.2
Prepared By/Return To: Christopher S. Talcott, 215 10th St. Suite 1300, Des Moines, IA 50309; (515)288 -2500
FIRST AMENDMENT TO
OUTLOT AND EASEMENT MAINTENANCE AGREEMENT
This First Amendment to Outlot and Easement Maintenance Agreement (this
“Amendment”) is made and entered into this _____ day of _____________, 2025 (the “Effective
Date”), by and among Deery, Deery and Deery, LLC, an Iowa limited liability company (“DDD”),
Ames Hotel Associates, LLC, an Iowa limited liability company (“Associates”), AmKin18, LLC,
an Iowa limited liability company (“AmKin18”), and Ambrose Properties, LC, an Iowa limited
liability company (“Ambrose”, and together with AmKin18, “AmKin”) (DDD, Associates,
AmKin18, and Ambrose are, collectively, the “Parties”).
RECITALS:
A. DDD is the owner of the following described real estate:
Outlot A of Deery Subdivision, Ames, Story County, Iowa, as shown on the “Final
Plat Deery Subdivision” filed in the office of the Recorder of Story County, Iowa,
on November 28, 2012, as Inst. No. 2012-00014219 (the “Outlot”);
Lot 1 of Deery Subdivision, Ames, Story County, Iowa, as shown on the “Final Plat
Deery Subdivision” filed in the office of the Recorder of Story County, Iowa, on
November 28, 2012, as Inst. No. 2012-00014219 (the “Dealership Lot”); and
Parcel “B” of Lot Two (2) and part of Lot Three (3), Deery Subdivision, Ames,
Story County, Iowa, as shown on the “Plat of Survey” filed in the office of the
Recorder of Story County, Iowa, on October 4, 2018, as Inst. No. 2018-09189, Slide
618, Page 1 (“Parcel B”).
B. Associates is the owner of the following described real estate (the “Hotel Lot”):
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Lot 1 of Deery Subdivision Plat 2, Ames, Story County, Iowa, as shown on the “Final Plat
Deery Subdivision, Plat 2” filed in the office of the Recorder of Story County, Iowa, on
July 12, 2019, as Inst. No. 2019-05916.
C. AmKin is the owner of the following described real estate (the “AmKin Lot”):
Lot 2 of Deery Subdivision Plat 2, Ames, Story County, Iowa, as shown on the
“Final Plat Deery Subdivision, Plat 2” filed in the office of the Recorder of Story
County, Iowa, on July 12, 2019, as Inst. No. 2019-05916.
D. The Dealership Lot, the Hotel Lot, the AmKin Lot, and Parcel B are hereinafter
referred to as the “Platted Lots”.
E. The Outlot and the Platted Lots comprise all of the real estate that is subject to that
certain Outlot and Easement Maintenance Agreement filed April 16, 2015 in Instrument No. 2015-
00003094 of the Story County Recorder’s Office (the “Outlot and Easement Maintenance
Agreement”).
F. The Outlot and Easement Maintenance Agreement governs the use and
maintenance of certain “Improvements” (as defined therein) to the Outlot as well as the use and
maintenance of the “Easements” (as defined therein) that were created by that certain “Easement
Document” filed November 28, 2012 as Instrument No. 2012-00014221 of the Story County
Recorder’s Office.
G. The Platted Lots were created through a series of divisions, subdivisions, and
transfers involving what was originally the Outlot and Lot-1, Lot-2, and Lot-3 as defined in the
Outlot and Easement Maintenance Agreement.
H. Additional easements intended to supplement the Easements for purposes of
serving the Platted Lots under the Outlot and Easement Maintenance Agreement were created by
the plat of Deery Subdivision Plat 2 filed July 12, 2012 in Instrument No. 2019-05916 (the “Plat
2 Easements” and the easement areas of such Plat 2 Easements, the “Plat 2 Easement Areas”).
I. As a result of such transactions, the parties desire to amend the Outlot and Easement
Maintenance Agreement to govern the relative rights and responsibilities of the owners of each
Platted Lot as set forth in this Amendment.
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which is hereby acknowledged, the Parties agree as follows:
1. Identification of Easements and Improvements. The parties acknowledge and
agree that the definition of “Easements” and the definition of “Easement Areas” under Section 2
of the Outlot and Easement Maintenance Agreement are supplemented to recognize and include
the Plat 2 Easements and the Plat 2 Easement Areas, respectively. The parties further acknowledge
and agree that the definition of “Improvements” as set forth in the Outlot and Easement
Maintenance Agreement is supplemented to recognize and include the all utility lines and related
facilities constructed from time to time within the Easement Areas.
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2. Purpose of Easements and Improvements. Section 3 of the Outlot and Easement
Maintenance Agreement is modified to provide that the Parties expressly acknowledge and agree
that the Easements and Improvements are intended to and do serve and benefit the Platted Lots.
The Parties to this Amendment agree that the easements described herein shall not be released,
terminated, or the uses thereof, materially diminished without the written consent of the City of
Ames.
3. Additional Storm Sewer Easement Grants. As part of this Amendment and the
continued development and improvement of the Platted Lots, AmKin hereby affirmatively grants,
sells, and conveys unto DDD, as the owner of Parcel B, and their respective successors and assigns,
certain non-exclusive easements (the “Additional Storm Sewer Easements”) over, under, and
across those portions of the AmKin Lot more particularly described and depicted in Exhibit “A”
attached hereto and incorporated by this reference (the “Additional Storm Sewer Easement
Areas”), for the purpose of stormwater management, including the drainage, conveyance, and
discharge of stormwater. All Improvements within the Additional Storm Sewer Easement Areas
shall be underground, except for manholes which may be visible from the surface. The Owner of
the AmKin Lot shall have the right to use the surface of the Storm Sewer Easement Areas for all
purposes that are not inconsistent with the rights granted hereunder, including without limitation,
construction of curbs, paving, and landscaping. The Additional Storm Sewer Easements are being
granted and conveyed in alignment with the terms and conditions outlined in that certain Floating
Future Stormwater Drainage Easement filed on November 28, 2012 as Instrument No. 2012-
00014226 of the Story County Recorder’s Office and are intended to comply with all of the stated
purposes contained therein.
4. Additional Electric Easement Grant. As part of this Amendment and the
continued development and improvement of the Platted Lots, (a) AmKin hereby affirmatively
grants, sells, and conveys unto DDD, as the owner of Parcel B, and their respective successors and
assigns, and (b) Associates hereby affirmatively grants, sells and conveys unto AmKin, as the
owner of the AmKin Lot, and their respective successors and assigns a perpetual, non-exclusive
easement (the “Additional Electric Easement”) over, under, and across those portions of the
AmKin Lot and the Hotel Lot more particularly described and depicted in Exhibit “B” attached
hereto and incorporated by this reference (the “Additional Electric Easement Area”), for the
purpose of constructing, reconstructing, repairing, replacing, enlarging, inspecting and
maintaining electric and communications facilities, together with all necessary structures and
appurtenances thereto. All Improvements within the Additional Electric Easement Area shall be
underground, except for manholes which may be visible from the surface. The Owners of the
Additional Electric Easement Area shall have the right to use the surface of the Additional Electric
Easement Area for all purposes that are not inconsistent with the rights granted hereunder,
including without limitation, construction of curbs, paving, and landscaping.
5. Incorporation of Additional Easements. The Parties to this Amendment
acknowledge and agree that the definition of “Easements” and the definition of “Easement Areas”
under Section 2 of the Outlot and Easement Maintenance Agreement are supplemented to
recognize and include the Additional Storm Sewer Easements and the Additional Electric
Easement. The Parties further acknowledge and agree that the Additional Storm Sewer Easements
and the Additional Electric Easement are intended to and do serve the Platted Lots. The Parties
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further acknowledge and agree that all utility lines and related facilities constructed within the
Additional Storm Sewer Easement Areas and the Additional Electric Easement Area are included
within the term “Improvements.”
6. Repair and Maintenance of Improvements and Easement Areas.
a. DDD acknowledges that, as owner of the Outlot, it is responsible for arranging for
the maintenance, repair, replacement, and upkeep of the Easement Areas and the
Improvements, and to invoice the owners of the Platted Lots for their share of such
costs, all in accordance with Section 4 of the Outlot and Easement Maintenance
Agreement. However, all Parties have an obligation to identify any maintenance
that needs to be performed and contact DDD to arrange such maintenance.
b. The first sentence of Section 4 of the Outlot and Easement Maintenance Agreement
is modified to provide that any and all costs related to the maintenance, repair,
replacement, or upkeep of the Easement Areas and the Improvements shall be split
among the Platted Lots according to the breakdown set forth on Schedule 3
attached hereto and incorporated herein. The Parties acknowledge and agree that
as of the Effective Date, there are no outstanding costs due from any party under
the Outlot and Easement Maintenance Agreement.
c. In the event that any maintenance to be performed by DDD requires the disturbance
of the surface of any of the Platted Lots in order to access the Improvements to
perform such maintenance, DDD shall coordinate such maintenance with the
owner(s) of the applicable Platted Lots upon which such maintenance is to be
performed, and DDD shall use commercially reasonable efforts not to interfere with
the operation of any business being operated on such Platted Lots at the time of
such maintenance. Upon the completion of any such maintenance, DDD shall
restore the surface of the applicable Platted Lots to substantially the condition
existing prior to the performance of such maintenance, and the cost of such
restoration shall be included in the cost of maintenance to be split by the owners in
accordance with Section 4 of the Outlot and Easement Maintenance Agreement.
7. Term. Section 5 of the Outlot and Easement Maintenance Agreement is modified
to provide that the Outlot and Easement Maintenance Agreement, as amended by this Amendment,
shall be deemed a covenant running with title to each Platted Lot and shall be binding upon the
parties hereto and upon their heirs, successors, and assigns, and shall inure to the benefit of each
Platted Lot.
8. Headings and Captions. The titles or captions of sections and paragraphs in this
Amendment are provided for convenience of reference only, and shall not be considered a part
hereof for purposes of interpreting or applying this Amendment, and such titles or captions do not
define, limit, extend, explain or describe the scope or extent of this Amendment or any of its terms
or conditions.
9. Gender and Number. Words and phrases herein shall be construed as in the
singular or plural number and as masculine, feminine or neuter gender, according to the context.
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-Signature Page to Follow-
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IN WITNESS WHEREOF, the parties have entered into this Agreement as of the date first above
written.
Deery, Deery and Deery, LLC
By: ______________________________________
John G. Deery, Jr., Manager
STATE OF _____________ )
) ss:
COUNTY OF ___________ )
This record was acknowledged before me on this ____ day of _______________, 2025 by John
G. Deery, Jr., as Manager of Deery, Deery and Deery, LLC.
___________________________________
Notary Public
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AmKin18, LLC
By: __________________________________
Ben Kinseth, Manager
By: __________________________________
Gerry Ambrose, Manager
Ambrose Properties, LC
By: __________________________________
Gerry Ambrose, Manager
STATE OF IOWA )
) ss:
COUNTY OF ___________ )
This instrument was acknowledged before me on this ____ day of _____________, 2025, by Ben
Kinseth, as Manager of AmKin18, LLC.
___________________________________
Notary Public
STATE OF IOWA )
) ss:
COUNTY OF ___________ )
This instrument was acknowledged before me on this ____ day of ______________, 2025, by
Gerry Ambrose, as Manager of AmKin18, LLC and as Manager of Ambrose Properties, LC.
___________________________________
Notary Public
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Ames Hotel Associates, LLC
By: __________________________________
Bruce Kinseth, Manager
STATE OF IOWA )
) ss:
COUNTY OF ___________ )
This instrument was acknowledged before me on this ____ day of ____________, 2025, by
Bruce Kinseth, as Manager of Ames Hotel Associates, LLC.
___________________________________
Notary Public
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Exhibit A-1
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EXHIBIT A
ADDITIONAL STORM SEWER EASEMENTS
STORM SEWER EASEMENT #1
A 20.00 FOOT WIDE EASEMENT OVER, UNDER AND ACROSS LOT 2, DEERY
SUBDIVISION, PLAT 2, AN OFFICIAL PLAT IN THE CITY OF AMES, STORY COUNTY,
IOWA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT 2; THENCE N18°58'56”W
ALONG THE WEST LINE OF SAID LOT 2, A DISTANCE OF 43.06 FEET; THENCE
N00°00'11”E ALONG SAID WEST LINE, A DISTANCE OF 278.56 FEET TO THE POINT OF
BEGINNING; THENCE CONTINUING N00°00'11”E ALONG THE WEST LINE OF SAID
LOT 2, A DISTANCE OF 20.00 FEET; THENCE S89°58'40”E, A DISTANCE OF 199.16 FEET
TO THE EAST LINE OF SAID LOT 2; THENCE S00°01'20”W ALONG SAID EAST LINE A
DISTANCE OF 20.00 FEET; THENCE N89°58'40”W, A DISTANCE OF 199.16 FEET TO THE
POINT OF BEGINNING
STORM SEWER EASEMENT #2
COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT 2; THENCE N18°58'56”W
ALONG THE WEST LINE OF SAID LOT 2, A DISTANCE OF 11.48 FEET TO THE POINT
OF BEGINNING; THENCE CONTINUING N18°58'56”W ALONG THE WEST LINE OF
SAID LOT 2, A DISTANCE OF 20.00 FEET; THENCE N46°19'31”E, A DISTANCE OF 20.35
FEET; THENCE N69°32'00”E, A DISTANCE OF 149.45 FEET; THENCE N47°50'39”E, A
DISTANCE OF 54.77 FEET TO THE EAST LINE OF SAID LOT 2; THENCE S 00°01'20”W
ALONG SAID EAST LINE, A DISTANCE OF 26.99 FEET; THENCE S47°50'39”W, A
DISTANCE OF 40.48 FEET; THENCE S69°32'00”W A DISTANCE OF 149.17 FEET;
THENCE S46°19'31”W, A DISTANCE OF 20.67 FEET; THENCE S71°17'38”W, A
DISTANCE OF 4.33 FEET TO THE POINT OF BEGINNING
[See Depiction On Following Page]
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Exhibit A-2
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Exhibit B-1
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EXHIBIT B
ADDITIONAL ELECTRIC EASEMENT
AN IRREGULAR SHAPED EASEMENT OVER, UNDER AND ACROSS LOT 1, DEERY
SUBDIVISION, PLAT 2, AN OFFICIAL PLAT IN THE CITY OF AMES, STORY COUNTY,
IOWA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SAID LOT 1; THENCE N18°58'56”W
ALONG THE EAST LINE OF SAID LOT 1, A DISTANCE OF 43.06; THENCE N00°00'11”E
ALONG THE EAST LINE OF SAID LOT 1, A DISTANCE OF 12.00 FEET TO THE POINT
OF BEGINNING; THENCE S71°50’50”W, A DISTANCE OF 90.17 FEET; THENCE
N90°00’00”W, A DISTANCE OF 56.05 FEET TO AN EXISTING ELECTRIC EASEMENT
AS DESCRIBED IN INSTRUMENT #2019-05916; THENCE N00°00’00”E, A DISTANCE
OF 10.00 FEET; THENCE N90°00’00”E, A DISTANCE OF 54.45 FEET; THENCE
N71°50’50”E, A DISTANCE OF 91.85 FEET TO THE EAST LINE OF SAID LOT 1;
THENCE S00°00’11”W ALONG SAID EAST LINE, A DISTANCE OF 10.52 FEET TO THE
POINT OF BEGINNING
and
AN IRREGULAR SHAPED EASEMENT OVER, UNDER AND ACROSS LOT 2, DEERY
SUBDIVISION, PLAT 2, AN OFFICIAL PLAT IN THE CITY OF AMES, STORY COUNTY,
IOWA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT 2; THENCE N18°58'56”W
ALONG THE WEST LINE OF SAID LOT 2, A DISTANCE OF 43.06; THENCE N00°00'11”E
ALONG THE WEST LINE OF SAID LOT 2, A DISTANCE OF 12.00 FEET TO THE POINT
OF BEGINNING; THENCE CONTINUING N00°00'11”E ALONG THE WEST LINE OF
SAID LOT 2, A DISTANCE OF 10.52 FEET; THENCE N71°50'50”E, A DISTANCE OF
162.26 FEET; THENCE N00°04'11”E, A DISTANCE OF 87.59 FEET; THENCE
N89°58'40”W, A DISTANCE OF 2.50 FEET; THENCE N00°04'11"E, A DISTANCE OF
12.01 FEET; THENCE S89°58'40”E, A DISTANCE OF 15.00 FEET; THENCE S00°04'11”W,
A DISTANCE OF 2.01 FEET; THENCE S89°58'40”E, A DISTANCE OF 32.32 FEET TO
THE EAST LINE OF SAID LOT 2; THENCE S00°01'20”W ALONG SAID EAST LINE A
DISTANCE OF 10.00 FEET; THENCE N89°58'40”W, A DISTANCE OF 34.83 FEET;
THENCE S00°04'11”W, A DISTANCE OF 94.83 FEET; THENCE S71°50'50”W, A
DISTANCE OF 172.78 FEET TO THE POINT OF BEGINNING
[See Depiction On Following Page]
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Exhibit B-2
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Schedule 3
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SCHEDULE 3
Lot Percentage Share of Costs
Dealership Lot 33.33%
Hotel Lot 35.23%
AmKin Lot 15.87%
Parcel B 15.57%
Total 100%
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#4610658 v.3
Prepared By: Christopher S. Talcott, Dentons Davis Brown PC, 215 10th St. Suite 1300, Des Moines, IA 50309;
(515) 288-2500
Return To: Same as Above
CONSENT TO EASEMENT AGREEMENTS
THIS CONSENT TO EASEMENT AGREEMENTS (this “Consent”) is made and provided as of
this _____ day of ____________, 2025, by the City of Ames, Iowa (the “City”), and related to the following:
WHEREAS, Deery, Deery and Deery, LLC (“Grantor”), executed that certain Floating Future
Stormwater Drainage Easement filed of record on November 28, 2012, as Instrument No. 2012-00014226
of the Story County Recorder’s Office (the “Floating Easement”) in favor of the City; and
WHEREAS, the Floating Easement was established to facilitate phased site development by
providing the City the right to require the Grantor, and the Grantor’s successors and assigns, establish a
stormwater drainage easement upon, over, and across:
Lot Two (2), Deery Subdivision, Ames, Story County, Iowa (the “Burdened Property”)
for the benefit of:
Lot Three (3), Deery Subdivision, Ames, Story County, Iowa (the “Benefitted Property”)
at a future date; and
WHEREAS, pursuant to Paragraph 4 of the Floating Easement, the City is vested with the authority
to review and approve any final stormwater drainage easements contemplated in the Floating Easement
prior to its recording in the Story County Recorder’s Office; and
WHEREAS, the City is aware of that certain Outlot and Easement Maintenance Agreement filed
April 16, 2015 in Instrument No. 2015-00003094 in the Story County Recorder’s Office (the “Outlot and
Easement Maintenance Agreement”), and the City has been supplied a copy of a proposed First Amendment
to Outlot and Easement Agreement Maintenance Agreement (the “Amended Outlot and Easement
Agreement”), which includes therein the grant of certain storm sewer easements, which are intended to
comply with and be approved of as a final stormwater drainage easement as described in the Floating
Easement, and certain other matters affecting or amending the Outlot and Easement Maintenance
Agreement as described therein; and
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WHEREAS, the City has reviewed the storm sewer easement grants and other agreements and
amendments contained in the Amended Outlot Agreement, deems that such easements satisfy the terms of
the Floating Easement and the intent of the Outlot and Easement Maintenance Agreement , and desires to
provide its approval thereto of record as provided in this Consent.
NOW, THEREFORE, for good and valuable consideration:
1. Consent. The City hereby consents to and approves the establishment of the proposed final
stormwater drainage easements as provided in the Amended Outlot Agreement, and consents to
and approves the other amendments contained within the Amended Outlot Agreement. Said
stormwater drainage easements fully satisfy the terms of the Floating Easement.
2. Termination. Upon the recording of the Amended Outlot and Easement Agreement granting the
final stormwater drainage easement to the Burdened Property, the grant to the City of future
easement rights as set forth in Paragraph 2 of the Floating Easement shall be satisfied, and the City
shall have no further rights thereunder and the restrictions contained therein upon the Burdened
Property shall be of no further force and effect.
[Signature Page Follows.]
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IN WITNESS WHEREOF, the City has caused this instrument to be executed on its behalf on this
____ day of ________________, 2025.
CITY OF AMES, IOWA
JOHN A. HAILA, Mayor RENEE HALL, City Clerk
STATE OF IOWA )
) ss:
COUNTY OF __________ )
This record was acknowledged before me this ____ day of ____________, 2025 by John A. Haila and
Renee M. Hall, as Mayor and City Clerk, respectively, of the City of Ames, Iowa.
____________________________________
Notary Public in and for the State of Iowa
My commission expires ______________
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