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Home My WebLink AboutA005 - First Amendment to Easement for Electrical Lines Jack Trice Way signed June 18, 2024 Instrument 4: 2024-04561 07/02/2024 02:41:34 PM Total Pages: 8 EASE EASEMENTS Recording Fee: g 42.00 Stacie Herridge, Recorder, Story County Iowa mill ki� 11■I��I;k'+'�L�''I� �I ��Lh�''� Legal Description: See Pages 3 and 64 Return document to: 3550 Beardshear Hall,Iowa State University,515 Morrill Road,Ames,Iowa 50011 Document prepared by:Paula DeAngelo,Office of General Counsel,Iowa State University,3550 Beardshear Hall,515 Morrill Road,Ames,Iowa 50011,515-294-5352 FIRST AMENDMENT TO EASEMENT FOR ELECTRICAL LINES JACK TRICE WAY This First Amendment to Easement for Electrical Lines is entered into on February 29,2024,by 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,Iowa("Grantee"). l. Grantor holds title to the following real property located in Story County, Iowa: Northwest '/4 of Section 10, Township 83 North,Range 24 West of the 51' P.M., Story County,Iowa ("Property"). 2. On June 30, 1969, Grantor and Grantee entered into an Easement for Electrical Lines in which Grantor granted Grantee an easement to construct electrical lines across a portion of the Property. A copy of said easement is attached hereto as Exhibit A. 3. Grantor and Grantee agree to modify the Easement for Electrical Lines by adding the additional easement areas depicted in the Easement Plat attached hereto as Exhibit B. 4. Except as specifically modified in this First Amendment to Easement for Electrical Lines, the remaining provisions of the Easement for Electrical Lines remain in full force and effect. Signature page follows on next page SIGNATURE PAGE Grantor and Grantee execute this First Amendment to Easement for Electrical Lines by their lawfully designated officials as of the date first written above. BOARD OF E NTS,STATE OF IOWA By raun E e tive Director STATE OF IOWA,COUNTY OF POLK, SS.: q This instrument was acknowledged before me on j� 2024, by Mark Braun as Executive Director of the Board of Regents,State of Iowa. ja (P� '. STEPHANIE GRIFFIN Notota Public >g '.Commission Number 617091 Mir 2025 My Commission Expires My Commission expires: May 22, 2025 CITY OF AMES, IOWA �y Passed and approved on 0 d 2024,by Resolution No. adopted by the City Council of Ames,Iowa. Attest: - Renee Halt,City Clerk John A. aila,Mayor STATE OF IOWA,COUNTY OF STORY, SS.: This instrument was acknowledged before me on F 1 2024,by Renee Hall and John A. Haila,as City Clerk and Mayor,respectively, o the City of Ames,Iowa. CARLY M.WATSON o dry lic i Commission Number E29444 My corn ssion expires: 01— 13-2`1 mi 2 res EXHIBIT A EASEMENT FOR ELECTRIC LINES The State Board of Regents, for and in consideration of the payment of One Dollar ($1.00) and other considerations as herein contained, hereby grants to the City of ,Imam, Iowa, the right to construct, reconstruct, operate, maintain, repair and remove electric lines, consisting of poles, wires, overhead or under- ground cables, fixtures, anchors, etc., in the locations as herein described and shown on the plat attached hereto and made a part hereof, over, across and under the property of the State of Iewa used by Iowa State University of Science and Technology, and located in Section 10, Township 83 North, Range 24 West of the 5th F.M., so long as the said City operates and maintains said electric lines after their installation. The right of ingress and egress is also granted to said City for the purpose of gaining access to said electric Lines for construction and maintenance purposes. The foregoing rights are granted upon the following express conditions, the breach of any of which will give the State Board of Regents the right and power to re-enter: (1) that the electric lines shall be constructed in the following describ?d locations; A parcel of land centered on and 15 feet either side of a line extending from a point 205 feet North of the Southwest corner.,,of the NW 1/4, Section 10, Easterly to a point 220 feet West and 205 feet North of the center of Section 10; thence from a point 270 feet West and 205 feet North of the center of Section 10, Northeasterly to a point 480 feet North of the center of Section 10. Also a parcel of land, from a point. 310 feet West and 155 feet North of the center of Section lOt thence East 90 feet; thence North 35 feet; thence West 90 feet; thence South 35 feet to the point of beginning. Excluding street R.O.W. all in Section 10, Township 83 North, Range 24 West of the 5th F.M., Story County, Iowa. (2) That in the construction of said electric lines, the said City and/or its contractors shall not occupy or use more land than is reasonably necessary for such construction operations; 2 - (3) That the said City shall construct, operate and maintain said electric lines in a manner consistent with normal and accepted practices of the industry; (4) That upon completion of said construction the said City shall replace or restore to the satisfaction of the Iowa State Univer- sity any and all damage to the property of said State of Iowa which shall be occasioned by the construction, maintenance or o operation of said electric lines through the premises above described; (5) That said City will protect, indemnify and save harmless the State of Iowa, the State Board of Regents and Iowa State Univer- sity from any and all claims, demands, judgments, loss, cost or expense for injury to or death of persons or damage to property of any person whomsoever (including employees and represents- �, 4 tives,of both pa;ties,hereto) in any manner arising from or growing out of the negligence of the said City, its agents# servants or employees, in the construction, maintenance, repair, existence. use or removal of said electric lines herein permitted; (6) The said City shall not transfer or assign this easement or any interest or right therein without the written consent of the grantor, nor shall the consent of the grantor to such assignment be construed to give the assignee any other or greater or diffe- rent rights than those hereby given to said City; (7) That none of the cost of constructing, reconstructing, operating, maintaining or repairing said electric lines shall be charged or assessed against adjacent property of the State Board of Regents. Iowa State University of Science and Technology or the State of Iowa; 3 - (8) In the event the said City or any assignee thereof discontinues the operation and maintenance of said electric lines, this ease- ment shall terminate, and said City or assignee shall, if requested by said Board, remove its electric lines and appurtenances from the locations hereinbefore described. IN WITNESS WHEREOF, the parties hereto have hereunto affixed their respec- tive signatures on this _p«'' day of 1969, to triplicate originals by their appropriate officers o are authorised to execute this in- strument. STATE BOLM OF REGENTS CITY OF AMS STATE OF IOWA nn IOWA By R. wFCL�u'R y(� �aBe,1 �OQ BY.8S�xsa�c�� s— _ Executive Secretary mayor USCUTIVE COUNCIL ATTEST: STATE IOW s� By r . �� By D&06ty Sed ity Clerk F � _ ; w � ll m ti a i I W w LL a _, it �, „—__o` i.. i z -�,�i � II ` �. i � ; a . � f �d� Q Z LL n 1. __ _ _ f � ._. '. N I w V � ` v ...,- � F w z ? F L w � ¢ i _ � V_ I'� �� ___ _ _.__.. _ r _ _. _.. __ ��—_ _ ___._.__"L—_._ . I I �� k [G o� h'i h' � a�.. , i � , it r �a r i � -. .. ,�-- INDEX LEGEND SURVEYOR'S NAME / RETURN TO: ERIC MILLER EXHIBIT$ SNYDER & ASSOCIATES, INC. 2727 SW SNYDER BOULEVARD ANKENY, IOWA 50023 515-964-2020 EMILLER@SNYDER-ASSOCIATES.COM SERVICE PROVIDED BY SNYDER & ASSOCIATES, INC. SURVEY LOCATED: NW 1/4 SECTION 10-T83-R23 REQUESTED BY: IOWA STATE UNIVERSITY EASEMENT PLAT EASEMENT DESCRIPTIONS EASEMENT AREA (a) A PART OF THE NORTHWEST 1/4 OF SECTION 10, TOWNSHIP 83 NORTH, RANGE 24 WEST OF THE 5TH P.M., STORY COUNTY, IOWA AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE WEST 1/4 CORNER OF SAID SECTION 10; THENCE NORTH 00029'25" WEST ALONG THE WEST LINE OF SAID NORTHWEST 1/4, A DISTANCE OF 210.00 FEET TO THE NORTH LINE OF AN EXISTING ELECTRIC UTILITY EASEMENT DATED MAY 20TH, 1969; THENCE NORTH 89009'20" EAST ALONG SAID NORTH LINE, 736.87 FEET TO THE POINT OF BEGINNING; THENCE NORTH 0050'40" WEST, 12.00 FEET; THENCE NORTH 89009'20" EAST, 925.00 FEET; THENCE SOUTH 0050'40" EAST, 12.00 FEET TO SAID NORTH LINE; THENCE SOUTH 89°09'20" WEST ALONG SAID NORTH LINE, 925.00 FEET TO THE POINT OF BEGINNING AND CONTAINING 0.25 ACRES (11,100 S.F.). EASEMENT AREA (b) A PART OF THE NORTHWEST 1/4 OF SECTION 10, TOWNSHIP 83 NORTH, RANGE 24 WEST OF THE 5TH P.M., STORY COUNTY, IOWA AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE WEST 1/4 CORNER OF SAID SECTION 10; THENCE NORTH 0029'25" WEST ALONG THE WEST LINE OF SAID NORTHWEST 1/4, A DISTANCE OF 190.00 FEET TO THE SOUTH LINE OF AN EXISTING ELECTRIC UTILITY EASEMENT DATED MAY 20TH, 1969; THENCE NORTH 89009'20" EAST ALONG SAID SOUTH LINE, 1,597.99 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING NORTH 89009'20" EAST ALONG SAID SOUTH LINE, 21.00 FEET; THENCE SOUTH 0°18'53" EAST, 23.00 FEET; THENCE SOUTH 89009'20" WEST, 21.00 FEET; THENCE NORTH 0°18'53" WEST TO THE POINT OF BEGINNING AND CONTAINING 0.01 ACRES (483 S.F.). EASEMENT AREA (c) A PART OF THE NORTHWEST 1/4 OF SECTION 10, TOWNSHIP 83 NORTH, RANGE 24 WEST OF THE 5TH P.M., STORY COUNTY, IOWA AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE WEST 1/4 CORNER OF SAID SECTION 10; THENCE NORTH 0029'25" WEST ALONG THE WEST LINE OF SAID NORTHWEST 1/4, A DISTANCE OF 140.00 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING NORTH 0'29'25" WEST ALONG SAID WEST LINE, 50.00 FEET TO THE SOUTH LINE .OF AN EXISTING ELECTRIC UTILITY EASEMENT DATED MAY 20TH, 1969; THENCE NORTH 89°09'20" EAST ALONG SAID SOUTH LINE, 80.00 FEET; THENCE SOUTH 0029'25" EAST, 50.00 FEET; THENCE SOUTH 89009'20" WEST, 80.00 FEET TO THE POINT OF BEGINNING AND CONTAINING 0.09 ACRES (4,000 S.F.). DATE OF SURVEY OWNER BASIS OF BEARING 09-03-2021 IOWA STATE UNIVERSITY THE WEST LINE OF THE NORTHWEST 1/4 SECTION 10, TOWNSHIP 83 NORTH, LEGEND NOANGE RTH 00°29223 5' WESTSUMED TO BEAR Survey Found set I hereby certify that this land surveying document was prepared and the related survey work was Section Corner ♦ A performed by me or under my direct personal 1/2" Rebar, Orange Plastic Cap #19515 • O supervision and that l am a duly licensed (Unless Otherwise Noted) sstoaq[ Pr ionaI Land Surveyor under the laws of the ROW Rail = QPope [q� eof lowagn Calculated Point + Platted Distance P i ERIC J. p,�„ Eric J.Miller,PLS Date Measured Bearing & Distance M = MILLER a Recorded As R License Number 19515 Deed Distance D 19515 My Lioense Renewal Date is December 31,2022 Calculated Distance C Centerline ------------- * /OWN �. Pages or sheets covered by this seat: Section Line — Sheets 1 &2 Of 2 1/4 Section Line — 1/4 1/4 Section Line — — — Easement Line -- SOUTH 4TH ST. EASEMENT AMMENDMENT SHEET 1 of 2 PN: 1210853 EASEMENT PLAT FLDBK-1252APG: 1 SNYDER 2727 S.W.SNYDER BLVD. DATE: 02/01/2022 &ASSOCIATES ANKENY,IA 50023(515)964-2020 PMfrECH: EJM/AJD V98MMM,'yIWr.pI1[1y YWaprla\i011\R1.005).onCK9\ttXN51Em1ENti1.hn V:\Rellbvr\CWOSIeMert,\wanyoa\SlabvAeWinlirq\Om_iWo\Eele.Wl 3/VtYR2 WIO_EI6i Mmegarl EASEMENT PLAT [NW COR, SW1/4, NE1/4 SECTION 10-83-24 FND 1/2" SMOOTH BAR CTR SECTION 10-83-24 CORNER CERTIFICATE FND SPIKE INSTRUMENT NUMBER CORNER CERTIFICATE 2013-00014487 INSTRUMENT NUMBER A 2013-00014488 N00"33'29"W 1311.25 UNIVERSITY AVE SO SOO-18.53"E 23.00' EASEMENT AREA(b) 0.01 1 1683 S.F.) 589°09.20••W 21.00' N89T9.20••E 21.00' N00°18'53'W 23.00' POINT O BEGINNING (D) EASEMENT AREA(a) LINE DIMENSIONS o.zs nc (11,,00 S.F.) o L1 N0029'25"W 140.00' L2 NO°29'25"W 50.00' L3 N89°09'20"E 80.00' N L4 S0°29'25"E 50.00' o L5 S89009'20"W 80.00' m in (n m mo b U � � 3 oz �i z � NO.50'40"W 12.00• 'o POINT OF BEGINNING (a) EXSITING 30 'ELECTRIC UTILITY EASEMENT DATED MAY 20, 1959 EASEMENT AREA W 1/4 COR 0.09 R (4.000 S.F.) POINT OF SECTION 10-83-24 BEGINNING (c) SET CUT "X ' INSTRUMENT NUMBER 1 2021-13162 -ReAU-AV - 190 :00• F`1 210.00• --N00°29'25••W 2639.39 I(n Z - \_v---� a NW COR Z 0 300 SECTION 10-83-24 � FND CUT "X" U INSTRUMENT NUMBER 2021-13163 SCALE (FEET) SOUTH 4TH ST. EASEMENT AMMENDMENT SHEET 2 OF 2 FINEASEMENT PLAT FL 1210853 D BK:1252A PG: 1 S N Y D E R 2727 S.W.SNYDER BLVD. DATE: 02/01/2022 &ASSOCIATES ANKENY,IA 50023(515)964-2020 PMITECH: EJM/AJD vesxxwn'moor un v:wepcm e .�Ml\Qt v AWDNnwesx_E.miE.nai.e xnao x r)aataacww�a .m)wo.nsoossomm)nloegm..r.a..)mm.�ei oo)o_r mamwi