HomeMy WebLinkAbout~Master - Electric Utility Easement on State of Iowa Property - Arbor Street Instrument N: 2021-09214
07/19/2021 09:40:15 AM Total Pages: 6
EASE EASEMENTS
Recording Fee: $ 32.00
Stacie Herridge, Recorder, Story County Iowa i��M
mill W& 1%W IokstvR Jul ,IIII
Return to: (env)
Ames City Clerk
Box 811
Ames IA 50010
RN TO:
Preparer: Kathy McKown, Contract Administration, 200 General Services Building, Iowa State
University, Ames, IA 50011 (515-294-0366)
PREPARED BY:
Beardshear Hall, 515 Morrill Road Ames
Paula K. DeAngelo, Deputy Counsel, 3550 IA
50014 (515-294-5352)
CITY OF AMES ELECTRIC UTILITY EASEMENT-ARBOR STREET
WHEREAS, the state of Iowa holds title to the following real property located in Story County,
Iowa for the use and benefit of Iowa State University of Science and Technology under
the jurisdiction of the Board of Regents, State of Iowa, to-wit:
A tract located in property described as being part of the South 638 feet of the Northwest Quarter
of the Northwest Quarter of Section 9, Township 83 North, Range 24 West of the 5th P.M., City
of Ames, Story County,Iowa as described on Easement Exhibit 1.
NOW THEREFORE, the Board of Regents, State of Iowa, pursuant to Code of Iowa s 262.9(8),
for the use and benefit of Iowa State University of Science and Technology (hereinafter referred
to as the Grantor) and in consideration of the payment of One Dollar and other considerations
as herein contained, hereby grants unto the City of Ames (hereinafter referred to as the
Grantee) the following easement subject to these terms, covenants and conditions, to-wit:
1. Location: The easement herein granted shall be located upon and limited to a
permanent easement described as follows:
Commencing at the Northwest Corner of Lot 5 in Little Brother's Subdivision,being a point
on the south line of Arbor Street; thence S89159'31"W, 95.00 feet along said line to the
point of beginning; thence continuing S89159'31"W, 30.00 feet; thence S00100'29"E, 15.00
feet; thence N89059'31"E, 30.00 feet; thence N00°00'29"W, 15.00 feet to the point of
beginning(containing 450.00 s.£,)
2. Use: Said premises shall be used by the Grantee for the purpose of constructing,
reconstructing, operating, maintaining and repairing an electric line, including all
appurtenances required therefore, together with the right of ingress thereto, and for
no other purpose. The Grantee shall have the right to trim or remove trees or
shrubs within the easement area, as may be necessary to maintain the electric
line.
2. Access: Grantee's entrance upon the Grantor's premises for the purpose of
construction on or servicing said easement, or for the repair or removal of the
same, shall be over reasonable routes of access designated by officials of Iowa
State University of Science and Technology for whose benefit the premises are
held by the Grantor, and any parts of said premises, damaged in the course
thereof shall be promptly replaced or restored by the Grantee.
4. Excavations: All ditches, trenches and other excavations shall be firmly filled and
maintained in such manner as to present no hazard or obstacle to Grantor's use of
the premises for other purposes.
5. Utilities Crossings: All crossings of existing sewers, water lines, electric lines, tile
lines, or other existing facilities shall be according to specifications and details of
the engineer or other official of Iowa State University of Science and Technology in
charge of such installations, and Grantor shall have the right to construct any such
facilities across or through the easement tract in such manner as not to interfere
with Grantee's facilities installed hereunder.
6. Liability: Grantee covenants to indemnify and save the Grantor and its successors
in interest and Iowa State University of Science and Technology and the officers,
employees, students, tenants, guests and invitees thereof, harmless from any and
all damages to the extent arising, directly or indirectly, out of Grantee's acts or
omissions. Damages to crops, fences, or other property of the Grantor or its
tenants during the original construction and subsequent maintenance, repair and
use of the premises granted in this easement shall be promptly compensated for
by the Grantee.
7. Right Reserved: The Grantor reserves to itself and to Iowa State University of
Science and Technology the right to the full use of said premises for any purpose it
sees fit which does not interfere with Grantee's rights herein granted.
8. Relocation: In the event the Grantor requests a relocation of said facilities and
easement because of the development of the area for the use and benefit of the
Iowa State University of Science and Technology, the Grantee agrees to move or
relocate said facilities to some other suitable locations to be provided by the
Grantor, the actual cost of relocation, not to exceed the depreciated value of the
facilities at said time as mutually agreed upon by both parties, assuming a useful
life of thirty (30) years, to be paid by Grantor, provided that after thirty (30) years
from the date of this Agreement the liability of Grantor for the cost of relocation will
terminate. The depreciated value of the facilities shall be based upon the initial
installed system cost only. Subsequent system improvements and/or expansion
costs shall not change scheduled depreciation value unless easement
renegotiation occurs. Cost of relocation of any improvements or replacement of
system components during the term of the easement are the responsibility of the
Grantee. Grantor will bear the entire cost of relocation of Grantors electrical
CITY OF AMES ELECTRIC UTILITY EASEMENT-ARBOR STREET
PAGE 3
services and extensions serving Iowa State University facilities that are required as
a result of a Grantor requested relocation.
9. Consideration: The consideration for this grant is the fact that the facilities to be
constructed may at some future date also serve the requirements of facilities
hereafter constructed or operated by the Grantor. No cost of the facilities to be
constructed within this easement shall be assessed or charged to the Grantor.
10. Duration: This easement is granted and all rights hereunder shall endure for the
duration of 50 years subject to renewal at that time as long as the Grantee
continues to use the same for an electrical line. Whenever said use shall be
discontinued, all rights granted herein shall terminate and revert to the Grantor.
Upon discontinuation of use, the Grantee shall remove the electric line and restore
the site to pre-easement conditions at no expense to the Grantor; provided,
however, Grantee may elect to abandon in place those portions of the Facilities
that are entirely below the surface. Any portion of the Facilities that is above or
exposed at the surface must be completely removed. Upon removal of Grantee's
facilities, Grantee will have no further obligation to serve any of Grantor's electrical
services connected to the subject electric line, unless other arrangements have
been made through mutual agreement as to cost and terms of said continued
service.
11. Assigned 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.
Each and all the above terms, covenants and conditions are of the essence hereof, and the
Grantee, by accepting this instrument, covenants to comply and perform as so specified; the
Grantee's failure to do so shall entitle the Grantor to terminate all rights hereunder by serving a
written notice upon the Grantee specifying its defaults. The Grantee has 30 days to provide a
written response to the Grantor and plan of action and schedule for Grantor's approval. If
Grantee fails to comply fully as obligated herein within one year after said notice, all its rights,
title and interest hereunder shall cease and terminate and the Grantor shall be entitled to full
possession of the premises.
CITY OF AMES ELECTRIC UTILITY EASEMENT-ARBOR STREET
PAGE 4
IN WITNESS WHEREOF, the Grantor has caused this instrument to be duly executed by its
lawfully designated officials this Aq day of , 20d, 1 .
BOARD OF TS, STATE OF IOWA
By
M un
Ic E utive Director
State of Iowa )
S.S.
County of Polk )
On this _0`1�a'o day of ,kA- 20 ZZ(, 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 day of
, 20 , and that the execution of this instrument is a voluntary act and
deed of the Bo rd of Re s, State of Iowa and of the executive director.
Nota P blic an for d County
My Commission expires: cj�j �t�,�T
aIAL KRISTIN BAUER
o`� 9 Commission Number 811107
My Commission Expires
.ow► June 18,2024
CITY OF AMES ELECTRIC UTILITY EASEMENT-ARBOR STREET
PAGE 5
Accepted by:
CITY F A S
By:
John A. Haila, Mayor
a
Attest a,
Diane R. Voss, City Clerk
State of Iowa )
S.S.
'County.of Story)
Of this �3 day of 2021, before me, the undersigned, a notary
public in and for said County in said tate, personally appeared John A. Haila and Diane R.
Voss, as Mayor and City Clerk, respectively, of the City of Ames, Iowa, known to me and who
executed the foregoing document and who acknowledged that he/she executed the same as a
voluntary act deed.
1 -0 •.
AMY L.COLWELL
1 L L Commission Number$12138
MY
Notary b Ic in and for Said County ow ��
My corm ssion expires:_(
GAShared\Property Management\Easements\Template
Rev.09/08
EASEMENT EXHIBIT 1
LOCATION: NW1/4, NW1/4 OF SEC. 9-83-24
CITY OF AMES, STORY COUNTY, IOWA
PROPRIETOR: IOWA STATE UNIVERSITY
REQUESTED BY: MARK IMHOFF, CITY OF AMES
SURVEYOR: R. BRADLEY STUMBO, PLS #17161
FOX ENGINEERING ASSOCIATES, INC.
AMES, IA 50010
515-233-0000
I
I fi
GEORGE&LI- fLE'S SUBDIVISION
ARBOR STREET
NW CORNER LOT 5
S89°59'31"W LITTLE BROTHER'S
30.00' SUBDIVISION
_ S89°59'31"W 95.00'
ROW LINE
S00°00'29"E 15.00' N00`00'29"W
15.00'
N89°59'31"E ELECTRIC
30.00' EASEMENT
450.00 S.F.
LOB 5
I
2910 ARBOR STREET
OF SOUTH 633'
i
P y N`N;f 4g 83.24
SEv
Easement Description:
A tract located in property described as being part of the South 638 feet of
the Northwest Quarter of the Northwest Quarter of Section 9, Township 83
North, Range 24 West of the 5th P.M., City of Ames, Story County, Iowa,
said tract being described as follows: Commencing at the Northwest Corner
of Lot 5 in Little Brother's Subdivision, being a point on the south line of
Arbor Street;thence S89'59'31"W,95.00 feet along said line to the point of
beginning; thence continuing S89'59'31"W, 30.00 feet;thence S00°00'29"E,
15.00 feet;thence N89'59'31"E, 30.00 feet; thence N00'00'29"W, '15.00 feet
to the point of beginning, containing 450.00 s.f.
N
0 50' 100,
I hereby certify that this land surveying document was `0\11111ttttrt����i
prepared by me or under my direct personal supervision ���� BEY S
FOX and that I am a duly licensed Professional Land ��`� �P� .••••. T�/� %�
Surveyor under the laws of the State of Iowa. ENS .' . �o
engineering o
5// Z/ -
FOX Engineering Associates,Inc. 17161 Cr
414 South 17th Street,Suite 107 R. BRADLEY STU BO, PLS DATE Fs
Ames, Iowa 50010 /OWP
Phone:(515)233-0000 License number 17161 .
FAX: (515)233-0103 My license renewal date is December 31, 2021. '/ '�iONgC LAPt�� ��\\\
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JOB#14293-21A DATE:5/11/21 PAGE 1 OF 1