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Home My WebLink About~Master - Electric Utility Easement from Iowa State University - 6th Street and Cy-Ride Instrument 4: 2022-03921 /r 04/25/2022 09:28:26 AM Total Pages: 9 EASE EASEMENTS Recording Fee: $ 47.00 Stacie Herridge, Recorder, Story County Iowa Return to: (env) City of Ames Box 811 Ames iA 50010 Legal Description: See - Return document to:Iowa State University,3550 Beardshear Hall,515 Morrill Road,Ames,Iowa 50011 Document prepared by:Office of University Counsel,Iowa State University,3550 Beardshear Hall, 515 Morrill Road Ames Iowa 50011 IOWA STATE UNIVERSITY— CITY OF AMES ELECTRIC UTILITY EASEMENT AGREEMENT 6TH STREET AND CY-RIDE This Electric Utility Easement Agreement("Agreement") is entered into as of 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 City of Ames("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: North Half of the Southwest Quarter of Section 3, Township 83, Range 24 West of the 5th P.M. ("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 B and made part of this Agreement("Easement Area") Area East of University Blvd on 6th Street—Exhibit A A 10-FOOT-WIDE ELECTRIC EASEMENT, BEING 5 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE OVER THAT PART OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 3,TOWNSHIP 83,RANGE 24 WEST OF THE 5TH P. M.;MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 3; THENCE N 00046'36" W,FOR A DISTANCE OF 1,666.38 FEET ALONG THE WEST LINE OF SAID SECTION 3; THENCE N 89013'24" E, FOR A DISTANCE OF 1,585.98 FEET TO THE POINT OF BEGINNING AT THE CENTER OF AN EXISTING ELECTRICAL TRANSFORMER; THENCE N 660 43' 13" E, FOR A DISTANCE OF 25.48 FEET; THENCE,N 610 25' 56" E, FOR A DISTANCE OF 106.76 FEET; THENCE,N 660 22' 15" E,FOR A DISTANCE OF 56.39 FEET;THENCE,N 491 16'38" E,FOR A DISTANCE OF 35.41 FEET; THENCE,N 650 29' 10" E, FOR A DISTANCE OF 78.01 FEET; THENCE S 190 42' 24" W,A DISTANCE OF 44.50 FEET;AND THERE TERMINATING. AND Area South of CVRide Building—Exhibit B A 10-FOOT-WIDE ELECTRICAL EASEMENT; BEING 5 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE OVER THAT PART OF THE NORTH HALF OF THE SOUTHWEST QUARTER OF SECTION 3, TOWNSHIP 83, RANGE 24 WEST OF THE 5TH P.M.;MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 3; THENCE N 00°46'36"W, 1,666.38 FEET ALONG THE WEST LINE OF SAID SECTION 3;THENCE N89°13'24" E, 1,585.98 FEET TO THE POINT OF BEGINNING AT THE CENTER OF AN EXISTING TRANSFORMER; SAID EASEMENT TO ALSO INCLUDE EXISTING TRANSFORMER PAD, AND ALSO 5 FEET ON EACH SIDE OF THE EXISTING TRANSFORMER PAD AS CONSTRUCTED; THENCE N 36' 37' 37" W, 20.98 FEET; THENCE N 810 59' 1 V W,38.99 FEET;THENCE S 46°03'42"W, 10.46 FEET;THENCE S 610 24' 45" W, 19.11 FEET; THENCE S 790 26' 50" W, 31.93 FEET; THENCE S 89' 47' 08" W, 82.81 FEET; THENCE S 89' 39' 59" W, 121.25 FEET; THENCE N 89' 57' 57" W, 120.25 FEET; THENCE S 89' 49' 46" W, 88.38 FEET; THENCE N 88007' 45" W, 14.73 FEET; THENCE N 021 53' 58" E, 12.62 FEET TO THE CENTER OF AN EXISTING ELECTRICAL TRANSFORMER; SAID EASEMENT TO ALSO INCLUDE EXISTING TRANSFORMER PAD, AND ALSO 5 FEET ON EACH SIDE OF EXISTING TRANSFORMER PAD AS CONSTRUCTED; THENCE N 8501 F 36" W, 26.70 FEET; THENCE N 88029' 51" W, 14.76 FEET; THENCE N 68034' 39" W, 12.07 FEET; THENCE N 50036' 29" W, 9.86 FEET; THENCE N 37058' 16" W, 2.66 FEET, MORE OR LESS, TO THE CENTER OF A PROPOSED ELECTRICAL TRANSFORMER; SAID EASEMENT TO ALSO INCLUDE PROPOSED TRANSFORMER PAD, AND ALSO 5 FEET ON EACH SIDE OF PROPOSED TRANSFORMER PAD AS CONSTRUCTED; AND ALSO THE LAND LYING EAST OF THE PROPOSED TRANSFORMER AND WEST THE CYRIDE BUILDING TO THE EAST; EXCEPT ANY PORTION THEREOF LYING UNDER OR WITHIN THE FOOTPRINT OF THE EXISTING CYRIDE BUILDING 2. Use: Grantee shall use the Easement Area for the purpose of constructing, installing, operating, using, maintaining, and repairing an 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. 2 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 i the Easement Area as identified in Exhibit A and B, 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 temporary 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: As soon as reasonably possible after completing construction, Grantee shall restore the Easement Area not utilized for the underground electrical system and the temporary construction easement area 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. 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 authority to subject Grantor's property to any 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 3 reasonable 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 Party Claims. 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, fines, and expenses arising from the underground electrical system, use of the Easement Area by Grantee, or from any property damage or personal injury 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 the 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 said facilities and easement solely for the benefit of the Grantor,the Grantee agrees to move or relocate said facilities to other suitable, mutually agreeable locations provided by the Grantor. Grantor shall have no obligation to pay for the cost of relocation unless mutually agreed otherwise. Should relocation of said facilities be required for purposes not within Grantor's control, Grantee agrees to move or relocate said facilities 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 by Grantee 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 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 require 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. 4 Grantor and Grantee execute this Electric Utility Easement Agreement by their lawfully designated officials as of the date first written above. BOARD OF REGENTS,STATE OF IOWA By aun Iflecu ve Director STATE OF IOWA, COUNTY OF POLK, SS.: r This instrument was acknowledged before me on 1 �6A;zby Mark Braun as Executive Director of the Board of Regent4Ste, of Iowa. Notar Publi >a,^L KRISTIN BAUER M Commission expires: ` Commission Number 811107 Y p My Commission Expires ov' June 18, 2024 CITY OF AMES,IOWA ^ 11 Passed and approved on \Cal' 1 , 2022,by Resolution No. adopted by the City Council of Ames,Iowa. Att t' BY: d rk x Diane R. Voss City Clerk Jo aila, Mayo ,;.F STATE OF IOWA, COUNTY OF STORY, SS.: This instrument was acknowledged before me on 1 (��1 , 2022,by Marie' + x R. Voss and John A. Haila, as City Clerk and Mayor,respectively, of the City of Ames,Iowa. � < I ��n }}�� L LQ� AMY L.COLWELL $ Alk Ir Commission Number 812138 Notary u 1 i c My Commission E�pires My co m ssion expires: I�j '�� ow f? I a 5 EXHIBIT A MAP OF EASEMENT-Area East of University Blvd on 6«' Street 6 Z z ZJ o \ „OU > C o .8 s �3M WM a W Fo__ z V, W Q �a LL WW7E W^ o �O1 O I � En Il " \\\ w � , 14, W W`\ V- N �U Z `\ \ Q 00 Z�i FF�ii/11 M p Z U z W ��`� ° I—W G '� W �\ o mod Bo W n 7 �1a0 ID yP �O ZN bo F o m J� IL9 \ vmy �ra�s i Z rSUR4EY��l �mm �i��llllll11111111trr\rt�` 0 frr'1 3w z v SS'SZ9'Z M.�9£,94.00 N 8£'999' MM 9£,9b.00 N a o z o Z zZ z � �w =O o�E 9 �m � OMzw = o6=s M a u N z$ l7 60,z1 w zw p� Or'•''ll W O 2 z W� Z zo .2 GiG"�zrW+GG�+. O �a mW u z 0 a � oo o�� SGno'�T u wig zf w W y v�G�Q-o�dmeo Z zo N oa C Z I- LL~Gz �LLaLLa�.v�imno W J L7 W J KLLLLu.urn v $z V ¢ r w o� 00�000000 W vwi rz �'o�zmzd za w arz. o f `ice I Owi ai fn~n�mv�i5_Nu ¢ a �o 3�"�aaaaa ytlpj O a W wm S Zw F�<�Oo oo� i is o o W °m w� °o-m 'a ¢'I w x az mo,v 3 o�= a o t' z w 88m� imGozz22`�^ 5 S c'cv o ° I d�a3 EaogsMzzz rc I Wa N SzzN�F��TF�� N 33 wwr+a ry nv+ warty r.+wv..0 e o EXHIBIT B MAP OF EASEMENT-Area South of CyRide Building s LL Z O Z 0 Z z t b dm ry J� 'W 1 � I Q — a N w Z 0 o za � s zry � � � � i 0Ln I z Lu < I LU I I LL N I O OP m Z�d H I o pZ WN I I W JWT o 0 Z cnI mod I oO �� ` I W LL Z Z U� m `� W f 3 �° z I Z� �"{v�U - �o Ym3 N 0001 M W� zW zC 3i3�=F �eow�z�F Vw U ^� ��wgzg � Be�oZ I 3�a �Goom�z�3��mw I a3� zOD+•��z+�as�RN6¢��z z I Q w o �wga��a z� H w g �zzNwzaz�xo�r p Z J Z d �um°cwW.�w�9� W I u W 0 °� OWz=o wg�ajN oz_ I o Z a°op W I w z�' 3W°�s- Ij _ I o z�-$ Rot2a°zwwo�zo-fu-pt; Z KZ w zz�d� o3 wG%�ztp �3S !7 w J•+, g gz= � d3fo�szmz oszo z a z W I air va zl �nn W W C Vl d'lJ W H Ka JJ 00 W NQ U QQQ W,; rj W Ow Lq 2 C 0000 V1 W W�t+1Zt� I Z 3w00ZOO V D N N I N OLL � 000 o Z s 0 Z M.9E�94.00 N 55'SZ9'Z M„9E,94.00 N 8£'999