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Date
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April 6,
2009
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Agenda
Item No. 21 Roll
Call No. 09-
Communication No. 09-211 Submitted by:
Jeb E. Brewer, P.E. City Engineer |
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AGENDA HEADING:
Resolution
authorizing and approving release of deed restrictions for the east/west alley
lying south of and adjoining
SYNOPSIS:
Recommend
approval of the release of deed restrictions for the east/west alley lying
south of and adjoining 212 4th Street to Randolph Investment Company,
Joseph M. Coppola, Jr., President, 400 Walnut Street, Skywalk Suite 4, Des
Moines, Iowa 50309, in fulfillment of the original contract by payment of an
additional $7,840. Randolph Investment Company is planning an
apartment renovation project for adjoining properties and needs to have all but
one of these deed restrictions released by the City for construction of an
elevator and building exit systems. There
is no current or anticipated public need for the deed restrictions listed below
except for the maintenance of access to existing fire escapes which will extinguish upon construction of compliant
building exit systems that replace the existing fire escapes.
FISCAL IMPACT:
Amount: $7,840.00 (revenue)
Funding Source: Release payment will be deposited into the
Property Maintenance Endowment Fund, SP767, ENG980500. The first $175,000 of annual proceeds to the
Property Maintenance Endowment Fund will be returned to the General Fund
(GE001, ENG040700) to offset the operating budget of the Engineering – Real
Estate Division.
ADDITIONAL INFORMATION:
On January 5, 1987, by Roll Call 22, the City
Council approved the sale and conveyance of the east/west alley lying South of
and adjoining 212 4th Street to Joseph M. Coppola, Sr., for $7,840,
subject to the following conditions:
(1)
The City of Des Moines reserving the right-of-way easements for any public
utilities now in place pursuant to existing franchise or easement agreements with
the right of entry for servicing the same.
(2)
Maintenance of access to existing fire escapes as long as it remains in use.
(3)
No structures, permanent or temporary shall be constructed or erected on the
subject property, except for the following:
patios, yard recreational and laundry-drying equipment, arbors and
trellises, flag poles, yard lights, statuary and similar decorative items.
(4)
No parking shall be permitted on the subject property except that which will
accommodate one and two-family residential uses.
(5)
No signs shall be erected on the subject property.
(6)
Fences may be erected upon the subject property unless otherwise prohibited.
Randolph
Investment Company has agreed to fulfill the original contract by paying an additional
amount of $7840.00, which represents the estimated fair market value of the restrictions
being lifted on the alley right-of-way, plus they have agreed to take ownership
and assume future responsibility for the existing storm sewer pipe and intake
located within the alley that only serves the adjoining properties owned by
Randolph Investment Company. The access
easement listed as (2) above will remain on the property at this time, but is
conditioned upon and will automatically extinguish upon compliant building exit
systems being constructed to replace the existing fire escapes.
PREVIOUS COUNCIL ACTION(S):
Date:
January 5, 1987
Roll Call Number: 22
Action: Approving the sale and conveyance of the
east/ west alley lying South of and adjoining
BOARD/COMMISSION ACTION(S): NONE
ANTICIPATED ACTIONS AND FUTURE COMMITMENTS: NONE
For more information on this and other agenda items,
please call the City Clerk’s Office at 515-283-4209 or visit the Clerk’s Office
on the second floor of City Hall,