HomeMy WebLinkAbout~Master - Electric Utility Easement from Iowa State University - Beach Avenue Instrument N: 2022-03920
04/25/2022 09:28:26 AM Total Pages. 6
EASE EASEMENTS
Recording Fee: $ 32.00
Stacie Herridge, recorder, Story County Iowa
mill MY14 Elf,47, 11W 11 W) r'r 1 Mph 11111
Return to: (env)
City of Ames
BOX 811
Ames IA 50010
Legal Description: Seepage 1-2
Return document to:3550 Beardshear Hall,Iowa State University, 515 Morrill Road Ames,Iowa 50011
Document prepared by: Office University Counsel,3550 Beardshear Hall,Iowa State University,515 Morrill
Road Ames Iowa 50011
IOWA STATE UNIVERSITY—CITY OF AMES
ELECTRIC UTILITY EASEMENT AGREEMENT
BEACH AVENUE
This Electric Utility Easement Agreement ("Agreement") is entered into on April 15, 2022, 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").
A. 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:
The Northwest Quarter(NW 1/4)of the Northwest Quarter(NW 1/4)of Section 10,T83N,
R24W of the 5th P.M. in the City of Ames, Story County, Iowa("Property").
B. Grantee desires to install an underground electrical system. Grantor supports such activity
on the Property and is willing to grant Grantee an easement across the Property in
accordance with the terms of this Agreement.
TERMS
1. Location: Pursuant to Code of Iowa §262.9(8) and subject to the terms of this Agreement,
Grantor grants Grantee an easement that shall be located upon and limited to the tract
depicted in the Map of Easement, which is attached as Exhibit A and made part of this
Agreement, and legally described as follows ("Easement Area"):
Beginning at the Southeast Corner of Lot 1 of College Heights Third Addition; thence S
89045'58" E 66.01 feet along the South Easterly Line of said Lot 1 extended to the East
Right-of-Way Line of Beach Street; thence N 00'29'13" W 5.10 feet along said East Right-
of-Way Line and to the Point of Beginning, thence N 00°29'13" W 20.00 feet along said
Right-of-Way Line; thence N 89030'47" E 23.90 feet; thence S 00°33'23" E 20.00 feet;
thence S 89°30'47" W 3.93 feet; thence S 00°29'13" E 460.00 feet; thence N 89°30'47" E
4.45 feet; thence S 00°33'23" E 30.00 feet; thence S 89°30'47" W 24.48 feet to a point of
said East Right-of-Way Line;thence N 00°29'13" 30.00 feet along said Right-of-Way Line;
thence N 89°30'47" E 10.00 feet;thence N 00°29'13" W 460.00 feet;thence S 89°30'47" W
10.00 feet to said Right-of-Way Line to the Point of Beginning. Said easement area is 5,812
Sq. Ft.
NOTE: The South Line of Lot 1 of College Heights Third Addition is assumed to bear
N 89045'58" W.
2. Use: Grantee shall use the Easement Area for the purpose of constructing, installing,
operating,using,maintaining, and repairing the underground electrical system.
3. Access: Grantee's entrance upon Grantor's Property to access the Easement Area shall be
over reasonable routes designated by Grantor.
4. Construction Requirements:
a. Construction Coordination: Grantor and Grantee shall coordinate prior to and during
the construction of the underground electrical system. Grantor and Grantee shall each
designate at least one representative to serve as its liaison to the other party regarding
the construction.
b. Construction Plans: Grantee shall submit to Grantor for Grantor's approval a copy of
Grantee's plans for construction. Grantor's approval shall not be unreasonably
withheld or delayed. Grantee shall ensure that construction is performed in
accordance with the approved plans.
c. Construction Dates: Grantor and Grantee shall mutually agree on the dates during
which the construction activities may occur in order to diminish any adverse impact
on Grantor's activities on the Property.
d. Temporary Construction Easement: Grantor grants Grantee a temporary construction
easement in an area not to exceed twenty (20)feet outside of the Easement Area as
identified in Exhibit A, for a period of ninety(90)days from the date of construction
commencement. However, if Grantee has completed its use of the temporary
construction easement prior to the end of the ninety(90) days period,the temporary
construction easement shall immediately terminate,but in no circumstance shall the
temrporary construction easement continue for a period in excess of one year from
the date of this Agreement. Grantee's obligations and liability with respect to the
Easement Area shall also apply to the temporary construction easement.
e. Utilities Crossings; Permission from Easement Holder: All crossings of existing
sewers,water lines,tile lines, electric lines,telecommunication lines,conduit, or other
existing facilities shall be made in cooperation with and subject to the specifications of
the engineer or other official of Grantor in charge of such installations.
f. Restoration: Grantee shall restore the temporary construction easement area and the
Easement Area not utilized for the the underground electrical system to their natural
grade and previous condition, including reseeding if applicable. 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 Property for other purposes. Grantee shall
submit to Grantor for Grantor's approval a copy of Grantee's restoration plans,which
shall follow grass seed mixtures approved by ISU. Grantor's approval shall not be
unreasonably withheld. Grantee shall ensure that the restoration is in accordance with
the approved plans.
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g. Liens: Grantor's property shall not be subjected to liens of any nature by reason of
Grantee's activities, including,but not limited to,mechanic's and materialman's liens.
Grantee has no power, right or authority to subject Grantor's property to any
mechanic's or materialman's lien or claim of lien.
5. Liability.
a. Damage to Grantor Property. Grantee shall promptly notify Grantor of any damage to the
Easement Area, Property or other real or personal property of Grantor. At Grantor's
request, Grantee shall repair or replace the damaged property, reimburse Grantor for
reasonable, documented expenses incurred by Grantor to repair or replace the damaged
property, or compensate Grantor for the loss of the property.
b. Maintenance and Repair. As between Grantor and Grantee, Grantee shall be solely
responsible for maintaining and repairing the electrical system within Easement Area.
Grantor will be responsible for maintaining the grass and landscaping for the aboveground
portion of the Easement Area.
c. Third PgM Claims. To the extent permitted by Chapter 670 of the Iowa Code and other
applicable law, Grantee shall indemnify and hold harmless Iowa State University of
Science and Technology,the Board of Regents—State of Iowa,the State of Iowa and their
respective officers, employees and agents harmless from any claims, liabilities, damages,
fines, and expenses arising from the underground electrical system, use of the Easement
Area by Grantee, or from any tort (as defined in Chapter 670 of the Iowa Code) arising
from the acts or omissions of Grantee or its officers or employees.
d. Insurance. Grantee shall maintain appropriate insurance coverage or self-insure for
liabilities that may arise from its activities set forth in this Agreement.
6. Rights Reserved:Grantor reserves to itself the right to use of Easement Area for any purpose
that does not interfere with Grantee's rights granted in this Agreement.
7. Relocation: In the event the Grantor requests a relocation of the Easement Area solely for
the benefit of Grantor, the Grantee agrees to move or relocate the underground electrical
system to other suitable,mutually agreeable locations provided by the Grantor. With respect
to the relocation of the underground electrical system as originally installed ("Original
System"), Grantor agrees to pay a percentage of the actual relocation costs based upon the
remaining life expectancy of the Original System divided by the total life expectancy of the
Original System. Cost of relocation of any improvements, expansions, or replacements
during the term of the easement, unless easement renegotiation occurs,are the responsibility
of the Grantee. Unless otherwise identified, total life expectancy of the Original System is
defined as thirty years. Upon the Original System reaching total life expectancy, Grantee
will assume responsible for all relocation costs, unless mutually agreed otherwise. Should
relocation of the Original System be required for purposes not within Grantor's control,
Grantee agrees to move or relocate the Original System at Grantee's total cost. Grantor will
bear the entire cost of relocation of Grantor's electrical services and extensions serving
Grantor's facilities required as a result of Grantor's relocation request.
8. Consideration: In consideration for this easement, Grantee shall pay Grantor One Dollar
($1.00)upon execution of this Agreement. No cost of the facilities to be constructed within
this Easement Area shall be assessed or charged to the Grantor. The consideration for this
grant is the fact that the facilities to be constructed may at some future date also serve the
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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,
except the proportionate cost of additional facility upgrades or extensions required to
exclusively serve Grantor's needs.
9. Duration:This easement is granted,and all rights hereunder shall endure,for a period of fifty
years so long as the Grantee continues to use the Easement Area in accordance with this
Agreement. Grantor and Grantee may mutually agree in writing to renew this Agreement.
Upon expiration of the easement term or discontinuation of Grantee's use of the Easement
Area in accordance with this Agreement: (i)all rights granted to Grantee shall terminate and
revert to Grantor and (ii) Grantee shall remove all portions of the underground electrical
system either exposed at or above grade and restore the Easement Area to pre-easement
conditions at no expense to Grantor unless otherwise agreed by Grantor and Grantee.
10. Assignment Prohibited:The grant of this easement is to Grantee only and cannot be assigned
in whole or part to any other party without written consent of Grantor.
Grantor and Grantee execute this Electric Utility Easement Agreement by their lawfully designated officials
as of the date first written above.
BOARD OCa
NTS,STATE OF IOWA
By
rJill
E ecutive Director
STATE OF IOWA, COUNTY OF POLK, SS.: /
This instrument was acknowledged before me on A00 I 2022, by Mark
Braun as Executive Director of the Board of Regents, State of Iowa.
NotKommission
Publ'c
My expires: I g
apa'",S9 KRISTIN BAUER
e .Commission Number 81 1 107
,.. My Commission Expires
June 18, 2024
4
CITY OF AMES, IOWA /
Passed and approved on M 1 y-d i o-�Ot 2022, by Resolution No. �� —�`/To
adopted by the City Council of Ames Iowa.
pp t
Atte
By:
C�ZMAI VT-1f1ZJ-1
Diane R. Voss, City Clerk J Haila,Mayor �pA
STATE OF IOWA, COUNTY OF STORY, SS.:
This instrument was acknowledged before me on M 10j, , 2022, by Diane
Voss and John A. Haila, as City Clerk and Mayor,respectively, of the City of Ames,Iowa.
AMY L.COLWELL
,4 L Commission Number 812138
NotaTL
lic My Commission res
My ssionexpires:
5
WEPARED BY: Dan Hingtgen, L.S. 14052 1701 Route 35 North East Dubuque, IL 61025 Tel. (815) 747-8833
EXHIBIT A
for
AN ELECTRICAL UTILITY EASEMENT, LOCATED IN THE NORTHWEST QUARTER(NW 1/4)OF THE
NORTHWEST QUARTER(NW 1/4)OF SECTION 10, T83N, R24W OF THE 5TH PRINCIPAL MERIDIAN IN THE
CITY OF AMES, STORY COUNTY, IOWA
POINT OF 660" c EASEMENT DESCRIPTION
i1 -��Row
LOT €
COLLEGE HI(yHTS THIRD BEGINNING L-1 L-2 AN ELECTRICAL UTILITY EASEMENT,
AD6Jt1ION N 00'29'13"W ; VAULT
i ___ _._ _ LOCATED IN THE NORTHWEST
ROv✓ S89°45'58 E_ _ ROW -5.10'" L-3
247.49' QUARTER(NW 1/4)OF THE NORTHWEST
______ _____._____ L-10 L 4 QUARTER(NW 1/4)OF SECTION 10,
S 89°45'58"E s
SUNSET DRIVE ow 66.01' T83N, R24W OF THE 5TH PRINCIPAL
I� Sw+„ MERIDIAN IN THE CITY OF AMES, STORY
N 89°45'58"w_ _ _ _ ` ( I SEC ION 10 COUNTY, IOWA,WITH THE PERMANENT
ROW 3 1 ROW i ' i ( � �. R24W ELECTRIC UTILITY EASEMENT MORE
' AI COMPLETELY DESCRIBED AS FOLLOWS:
! I )
PARCEL B: 21 {
! I I € I I I Beginning at the Southeast Corner of
LOT 1 i C�LLEGE HEIGHTS
FoURT14 ADDITION;AND LOTS i I ¢ Lot 1 of College Heights Third Addition;
1 2 12,1 A AND 15IN BLOCK2, ( . I ( I thence S 89'45'58" E 66.01 feet along
' O the South Easterly Line of said Lot 1
COLLEG HEIGHTS,SECOND I I u extended to the East Right—of—Way Line
iADDITION I I `
I D of Beach Avenue; thence N 00'29'13" W
Iz I = to 5.10 feet along said East Right—of—Way
i IC,LINE TABLE ? Z I ti Line and to the Point of Beginning,
m o -{ thence N 00'29'13 W 20.00 feet along
! LINE BEARING LENGTH I o o M
! Iw N I N said Right—of—Way Line; thence
! L-1 N o0°29'13"w 20.00' CO Z N 89'30'47" E 23.90 feet; thence
L-2 N 89°30'47"E 23.90 " < S 00'33'23" E 20.00 feet; thence
' L-3 S 00°33'23"E 20.00' ,000 I m m rn
L-4 S 89°30'47"W 3.93' I € 0� $ - N S 89'30'47" W 3.93 feet; thence
m I a I �' S 00-29'13" E 460.00 feet; thence
L-5 N 89°30'47"E 4.45' I D €o 0
i n I I j o N 89'30'47" E 4.45 feet; thence
_ __ ........... L-6 S 00°33'23"E 30.00' _ € 1 ° S 00'33'23" E 30.00 feet; thence
i T L-7 S 89°30'47"W 24.48' I I m d �
_ ej! I D I � S 89'30'47" W 24.48 feet to a point
L-8 N 00°29'13"W 30.00' I C t
_,_.—__ _ —.—.—.—.— �; € m € m of said East Right—of—Way Line; thence
j! L-9 N 89'30'47"E 10.OU Z
N 00'29'13" 30.00 feet along said
I L-10 S 89°3U47"W 10.00' rn
9 j i 1 (i I Right—of—Way Line; thence N 89'30'47"
' E 10.00 feet; thence N 00'29'13" W
COLLE � ' I I i I € 460.00 feet; thence S 89'30'47" W
_ G��E�Q. li- - - - - - - - - - - - - - I € I E
Z6TS 9, m�' ND AD s ( � I 10.00 feet to said Right—of—Way Line to
11 INOCK T8 o19 I I y � the Point of Beginning. Said easement
10 NE'GHTS Dd LOT S D COLLEGE LL '14; I I sw„< area is 5,812 Sq. Ft.
OOK Jr I I I sw va
_. J._._._. _ _ _ _ _ _ _ _ - I sec83N NOTE: The South Line is Lot 1 of College
_ �.� T _ j I; Raw Heights Third Addition is assumed to bear
COLLEGE AE�GHTS ss.o 1 N 89'45'S8" W.
Raw
s ADDITION PARCEL K. I I ! I
LbTS 11213 AND 4,ALL L-9 L-5 LEGEND
It�l BLOCK 5,!COLI:EGE 1 oI PROPOSED
!HEIGHTS ADDITIQN fL I L-8 VAULT
® FOUND CUT "X"
4 t ( 1-6 FOUND MONUMENT NORTH
1/2" REBAR
I 3 2 EXISTING ROW LINE
L-7 PERMANENT ELECTRIC SCALE 1" = 80
' I ( EASEMENT
L EXISTING SIDEWALK 0 20' 40' BO'
GREELEY STREET G
I hereby certify that this land surveying document was PLAT OF EASEMENT
„,nrrr,
't' �,., prepared and the related survey work was performed by
Drawn by
DN Project No.:911710
� 1`1GR•�' '�,� me or under my direct personal supervision and that I om
:��OF'• < '; a duly icen nd Surveyor under the laws of the State Drawing Date:01/J1/202?
• of Iowa Drawing Nome:K:\9117.20 — Ames Electrical Easement
.Q
Beach Ave\CAD\E.asernent Drowing.dwg
DANIEL J. _.
z . HINGTGEN
" 14052 < - t�3 A.
j•• � Dan Hingtgen, rveyor Dotd wh
y{ �'•.....•'��1'T License nu r: 14052
Tanners+land surveyors
'• IOWPI ���` My license renewal date is December 31, 2022/ 9 P
Pages or sheets covered by this seal: SHEET 1 of 1