HomeMy WebLinkAboutA006 - Council Action Form dated June 22, 2021 ITEM # 39
DATE 06-22-21
COUNCIL ACTION FORM
SUBJECT: REQUEST FROM INTERSTATE POWER AND LIGHT COMPANY TO
OBTAIN AN UNDERGROUND GAS PIPELINE EASEMENT
BACKGROUND:
City staff has received a request from Interstate Power and Light Company (IPL), an Iowa
Corporation, for a permanent easement on City property at the southeast corner of 13th
St. and Maxwell Avenue, adjacent the Ames Municipal Cemetery. The easement would
allow for the placement of a new underground gas pipeline.
The easement would be 3 feet x 40 feet in size (see map below), extending from the right
of way at the intersection of E. 13th Street and Maxwell Streets, south for 40 feet along
the east side of Maxwell Street. The easement area is approximately 120 square feet
(SF) in size and is currently maintained by City staff as part of Cemetery maintenance.
The City does not have any structures or trees in the area described.
TX 40'
EASEMENT
AREA
Given the minimal impact the proposed easement is expected to have upon the City, the
easement would be granted for$1 in consideration. The City Attorney's Office has worked
with IPL to prepare the easement documents (Attachment A) and IPL has agreed to the
language in the easement. In addition to providing the easement, the following conditions
are included:
1
• The City agrees to not construct or place any buildings, structures, or other similar
obstructions within the easement area
• IPL may enter the easement area for the purpose of making surveys
• The City grants IPL the right of ingress and egress
• IPL shall indemnify and hold harmless the City of Ames, its officers, employees,
and agents from any claims, liabilities, damages, fines and/or expenses arising
from the gas pipeline within the easement area
• IPL shall not assign its interest in this easement without the written consent of the
City
ALTERNATIVES:
1. Approve granting a 3 foot x 40 foot easement to Interstate Power and Light
Company for an underground gas pipeline from the right of way at the intersection
of E. 13th Street and Maxwell Streets, south for 40 feet along the east side of
Maxwell Street.
2. Do not approve granting the requested easement.
3. Refer this request back to staff for further information.
CITY MANAGER'S RECOMMENDED ACTION:
In preparation for the reconstruction of E. 13th Street, IPL is using the opportunity to install
a new natural gas pipeline. The proposed easement area does not prohibit any City
maintenance activities and staff is not proposing adding any structures, trees or other
vegetation in the area. City staff views the granting of this easement as causing minimal
disruption to City operations.
Therefore, it is the City Manager's recommendation that the City Council approve
Alternative No.1, as stated above.
2
Prepared by: Mary Montgomery—Interstate Power and Light Company-PO Box 351,Cedar Rapids,Iowa 52406(319)786-4768
Return To: Mary Montgomery—Interstate Power and Light Company-PO Box 351 Cedar Rapids Iowa 52406(319)786-4768
SPACE ABOVE THIS LINE FOR RECORDER
UNDERGROUND GAS PIPELINE EASEMENT
(IPL as Grantee)
For and in consideration of the sum of One Dollar($1.00) and other valuable consideration, the receipt of
which is hereby acknowledged, The City of Ames, Iowa ("Grantor(s)"), ADDRESS PO Box 811 Ames,
Iowa 50010-0811 do(es) hereby warrant and convey unto Interstate Power and Light Company, an Iowa
Corporation, its successor and assigns, ("Grantee"), a perpetual easement with the right, privilege and authority to
construct, reconstruct, maintain, operate, repair, patrol and remove a pipeline or lines for the transportation and
distribution of gas, steam and other substances, consisting of necessary fixtures, equipment and for
communication and electrical controls, including the necessary appurtenances under the ground used or useful
for all Corporate purposes, together with the power to extend to any other party the right to use, jointly with the
Grantee and pursuant to the provisions hereof, upon, under, the following described lands located in the County
of Story, and the State of Iowa:
See Attached Exhibit A, Page 4
together with all the rights and privileges for the full enjoyment or use thereof for the aforesaid purpose.
Grantor(s) agrees that it will not construct or place any buildings, structures, or other similar obstructions
on the property described above.
Grantee, its contractor or agent, may enter said premises for the purpose of making surveys immediately
upon the execution of this easement.
The Grantor(s) also grants to the Grantee the right of ingress and egress to said line or lines, under lands
now owned by the Grantor(s), for the purpose of constructing, reconstructing, maintaining, operating, patrolling,
repairing and removing said line or lines, and the Grantee agrees to pay to the Grantor(s) or its tenants all
damages done to the lands, including crops, field tiles, terraces, fences, equipment or livestock of the Grantor(s)
or its tenants, by the Grantee or its employees while constructing, reconstructing, patrolling or repairing said line
or lines.
Grantee shall indemnify and hold harmless the City of Ames, its officers, employees, and agents from any
claims, liabilities, damages, fines and/or expenses arising from the gas pipeline within the Easement Area or the
use of the Easement Area by the Grantee, or from any acts or omissions of Grantee or Grantee's officers,
employees or agents. Grantee shall further indemnify and hold harmless the City of Ames from any tort arising
from the acts or omissions of the Grantee or its officers, employees or agents. Grantee shall be responsible for
inspecting, maintaining and repairing the gas pipeline, and shall promptly repair and restore any damage done to
the Easement Area at Grantee's sole expense.
Grantee shall not assign its interest in this Easement without the written consent of the City of Ames.
ECRM263562 Rev.2 01/13 Page 1
Signed this day of . 2021.
GRANTOR(S)
The City of Ames, Iowa
By:
John A. Haila, Mayor
Attest by:
Diane R.Voss, City Clerk
STATE OF IOWA, COUNTY OF STORY, SS.:
This instrument was acknowledged before me on by John A. Haila and Diane R.
Voss, as Mayor and City Clerk, respectively of the City of Ames, Iowa.
NOTARY PUBLIC
ECRM263562 Rev.2 01/13 Page 2
Accepted by:
GRANTEE(S)
Interstate Power and Light Company
(d/b/a Alliant Energy)
By:
Heather Dee, Team Lead Real Estate and ROW
Representative
STATE OF IOWA, COUNTY OF STORY, SS.:
This instrument was acknowledged before me on June , 2021, by Heather Dee, as Team Lead Real
Estate and ROW Representative.
NOTARY PUBLIC
ECRM263562 Rev.2 01/13 Page 3
EXHIBIT"A"
EASEMENT AREA BEING THE WEST 3 FEET OF THE NORTH 40 FEET OF THE FOLLOWING DESCRIBED
PARCEL:
... _t c est line61 St. t
... L ......... .... . ...
S.
of to �'• ..`':,.Cor. of the .N...E:..°. . ...E:..+°..said `'ac. .'..Thence in ` .
north' ,.4� gtAcn lon- - lire ral e3, tea n 341 feet from the
.. . .......z. . ................... ................ .. "
;ter' n�� T.. ` yti l Ave, 00 .ft...to the . :.: .. Ocr. cf void &xwell
?&rk A o iation;Tlie erly direct. on ].c� the south line
............................ I.... . st.................................... ,.......
....... ................................ ................ ........
T.
.. 3 `. y., ?` . '.•. ..it ..,tc .the.. :wor. ,-f" the present
� ceter'1.�.. �1,d..:�. T, cr. L�eir�E.%f'..rcd� . "�, t ord 2 rods north` Of
... .�i� �� tir�n , T ez�ce in.. ,..westerly direction
north l r.e of e id cer-etery..478..?..�•4t.. to z, point for ccrnex
; hence in a lout rly direction 3 ft. to point ear, said em. t and
: , z fir curer; Therce i� . westerly irect' �
ion .lon said
to tree jrlIaoe T e, innin , coma nin 8. 18 acres
All in the North Fast fr c quarter of 8f3£3tion Ymr�o .( ?
Ttawr Re ipx ighty Three: (83) Range Twenty Fp;ar+ ( ).4
.., ., . ........................... .. .. ... ....... .
... _ 7 'Y
I
3' X 40'
EASEMENT
AREA
ECRM263562 Rev.2 01/13 Page 4