HomeMy WebLinkAboutA001 - Council Action Form dated May 14, 2024 ITEM#: 42
DATE: 05-14-24
DEPT: ELEC
COUNCIL ACTION FORM
SUBJECT: ISU SOUTHWEST RECREATION COMPLEX-ELECTRIC UTILITY
EASEMENT ON STATE OF IOWA PROPERTY
BACKGROUND:
There is an overhead electric line that crosses the Iowa State University Cross Country Course on
Mortensen Road. Accessing the overhead electric line for operation and maintenance is challenging for
both the Electric utility and for Iowa State University, since it involves crossing the turf of the Cross
Country Course. The overhead electric line currently is not located in an electric utility easement.
Electric Services has reached an agreement with staff from Iowa State University Facilities Planning &
Management and Recreation Services to relocate the subject overhead electric line. The line will bypass
the Cross Country Course by connecting a newer set of overhead electric poles along State Avenue,
through the Southwest Recreation Complex, to a point just west of Cap Timm Field. The route is shown
on the attached map. The new location for the overhead electric line will provide better access for
operation and maintenance and will eliminate turf damage to the cross country course. The
attached map also indicates the portion of line that will be removed.
The replacement line will have increased capacity over the existing line to accommodate projected
electric load growth in the area. To accomplish this, the City and ISU must approve an agreement
for an electric utility easement. The Iowa State Board of Regents is expected to approve the
easement at the June 2024 Board meeting in exchange for $1 in consideration.
ALTERNATIVES:
1. Approve the Electric Utility Easement on State of Iowa property (Southwest Recreation
Complex) for the installation of the overhead electric line and removal of the overhead electric
line from the State of Iowa property (Cross Country Course).
2. Do not approve the Electric Utility Easement on State of Iowa property (Southwest Recreation
Complex) and direct Electric Services staff to find an alternative location for the overhead electric
line.
CITY MANAGER'S RECOMMENDED ACTION:
The existing electric line is in a location that is challenging for both Electric Services to maintain and
for ISU to accommodate. A new route has been identified that will provide for improved access and
reduced conflicts with other use of the property. The relocated overhead electric line will be constructed
with increased capacity, which will allow Electric Services to maintain the quality of service to the
area. An easement on ISU property is required to install the overhead electric line for this project.
Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1,
as noted above.
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ATTACHMENT(S):
2024-04-29.Easement_City of Ames_SW Recreation Complex(8416.1).pdf
Easement Location Map.pdf
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Legal Description: See pages 6-7
Return document to: Office of General Counsel,Iowa State University, 3550 Beardshear Hall,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
IOWA STATE UNIVERSITY—CITY OF AMES
ELECTRIC DISTRIBUTION UTILITY EASEMENT AGREEMENT
SW RECREATION COMPLEX
This Electric Distribution Utility Easement Agreement("Agreement")is entered into on June 13,2024
("Effective Date")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 certain 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.
B. Grantee currently has electric distribution system components installed on the Property
("Existing Components").Neither Grantor nor Grantee have located an easement for the
current location of the Existing Components on the Property. Grantee wishes to remove the
Existing Components from their current location and relocate the Existing Components or
install new electric distribution system components in a new location on the Property.
Grantor supports the foregoing and is willing to grant Grantee an easement across the
Property for the electric distribution system components 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 area depicted
in the Plat of Easement,which is attached as Exhibit A and made part of this Agreement,and
legally described in Exhibit A("Easement Area").
Template A: City Equipment To Be Installed(October 2023)
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2. Use. Grantee shall use the Easement Area for the purpose of constructing, installing,
operating, using, maintaining, and repairing electric distribution system components for an
overhead electrical line ("Grantee Components") to provide electrical services to Grantor
and others. Grantee must obtain Grantor's prior written approval for any other use of the
Easement Area.
3. Access; Disruption. Grantee's entrance upon Grantor's Property to access the Easement
Area shall be over reasonable routes designated by Grantor. When using the Easement
Area, Grantee shall minimize disruption to Grantor's operations on the Property and on
adjacent Grantor property.
4. Construction Requirements.
a. Construction Coordination. Grantor and Grantee shall coordinate prior to and during
the construction of the Grantee Components. 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 include in its construction plans its plan for
removing the Existing Components on the Property and restoring the Property.
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 to diminish any adverse impact on
Grantor's activities on the Property.
d. Construction Location. Grantee shall set forth in the construction plans what areas of
the Property or other Grantor owned property Grantee will need to use in support of
its construction of the Grantee Components. Grantee shall only use those areas set
forth in the approved construction plans. Grantee's use of any other areas of
Grantor's property requires Grantor's prior written consent.
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. Grantor and Grantee shall cooperate to locate the Easement Area in a
manner that minimizes conflicts with any pre-existing easements granted by Grantor.
If the Easement Area crosses an easement previously granted by Grantor to a utility
provider or other entity,prior to engaging in any construction activities in the
Easement Area, and with the assistance of the Grantor, Grantee shall obtain from the
easement holder its written consent to the easement granted to Grantee pursuant to
this Agreement and submit to Grantor a copy of the written consent. Grantee shall
abide by any restrictions imposed by the pre-existing easement holder as a condition
of its consent.
f. Restoration: Grantee shall set forth in the construction plans Grantee's plans for
restoring the Property and other Grantor property that Grantee uses in connection with
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the construction of the Grantee Components once construction is completed. Grantee
shall ensure that the restoration is in accordance with the approved plans.
5. Maintenance and Repair. As between Grantor and Grantee, Grantee shall be solely
responsible for maintaining and repairing the Grantee Components.
6. Liabili1y.
a. Damage to Grantor Property. Grantee shall promptly notify Grantor of any damage
caused by Grantee to the Easement Area, Property, or other real or personal property
of Grantor.At Grantor's request,Grantee shall repair or replace the property damaged
by Grantee, reimburse Grantor for reasonable, documented expenses incurred by
Grantor to repair or replace the property damaged by Grantee,or compensate Grantor
for the loss of the property damaged by Grantee. Notwithstanding the foregoing, the
parties shall mutually agree upon the most cost-effective and timely manner to fully
repair the damage caused by Grantee.
b. Third Party 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 Grantee Components,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.
C. Insurance. Grantee shall maintain appropriate insurance coverage or self-insure for
liabilities that may arise from its activities set forth in this Agreement.
d. Liens. The 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 the Property to any
mechanic's or materialman's lien or claim of lien.
7. Consideration. Grantee's use of the Grantee Components to provide electrical services to
Grantor is the consideration for Grantor's grant of this easement to Grantee.
8. Rights Reserved. Grantor may use the Easement Area for any purpose that does not interfere
with Grantee's rights granted in this Agreement.
9. Relocation. Grantor may require Grantee to relocate the Easement Area. If Grantor desires
for the Easement Area to be relocated, Grantor shall notify Grantee. Grantor and Grantee
shall then confer and establish a relocation plan that minimizes disruptions to Grantee's
electrical system and Grantor's future land use and minimizes relocation costs. Grantor
shall reimburse Grantee for the costs of relocating the Easement Area. If Grantee wishes to
upgrade Grantee Components in connection with the relocation, Grantee shall be
responsible for the cost of the upgraded Grantee Components unless Grantor and Grantee
agree otherwise. Grantor and Grantee shall amend this Agreement, or terminate this
Agreement and execute a new agreement,to identify the new easement area.
10. Duration. This easement is granted,and all rights set forth in this Agreement shall endure,so
long as Grantee continues to use the Easement Area for any of the purposes set forth in
paragraph 2 above in accordance with this Agreement. Upon discontinuation of Grantee's
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use of the Easement Area for any of the purposes set forth in paragraph 2 above in accordance
with this Agreement, all rights granted to Grantee shall terminate and revert to Grantor.
Unless agreed otherwise by Grantor and Grantee, Grantee shall remove the Grantee
Components from the Easement Area at Grantee's sole expense.
11. 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.
Signature page follows on the next page
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Grantor and Grantee execute this Electric Distribution Utility Easement Agreement by their lawfully
designated officials as of the date first written above.
BOARD OF REGENTS, STATE OF IOWA
By
Mark Braun
Executive Director
STATE OF IOWA, COUNTY OF POLK, SS.:
This instrument was acknowledged before me on by Mark Braun as
Executive Director of the Board of Regents, State of Iowa.
Notary Public
My Commission expires:
CITY OF AMES,IOWA
Passed and approved on by Resolution No. ,
adopted by the City Council of Ames,Iowa.
Attest: By:
Renee Hall, City Clerk John A. Haila,Mayor
STATE OF IOWA, COUNTY OF STORY, SS.:
This instrument was acknowledged before me on by Renee Hall
and John A. Haila, as City Clerk and Mayor,respectively, of the City of Ames,Iowa.
Notary Public
My commission expires:
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Survey Description-Electric Line and Guy Anchor Easement: 10.00, F KNAPP STREET
A strip of land 10.00 feet in width across the West Half of the Northwest Quarter of Section 9, Township / (66' ROW)
83 North, Range 24 West of the 5th P.M., City of Ames, Story County, Iowa, being situated 5.00 feet on N59°43'13"E
each side of the following centerlines: Commencing at the West Quarter Corner of said Section 9; 293.20'
thence N00°24'10"W, 637.61 feet along the west line of said Section 9; thence S89°35'50"E, 97.21 feet _ �— — — _ _ _ — — — — — — — — — — — — — —
to the east line of State Avenue and the point of beginning; thence S85°57'12"E, 405.03 feet to point'A'; —
thence N56°06'24"E, 197.00 feet to point'B'; thence N09°52'14"E, 262.20 feet to point'C'; thence EXISTING 15'
N77004'20"E, 317.99 feet to point'D'; thence S00024'26"E, 274.07 feet, and there terminating; AND Noo°23'56"W i ELEC.CABLE
beginning at point'D'; thence N00°23'05"W, 143.04 feet to point'E'; thence N59°43'13"E, 293.20 feet to 35.00' / EASEMENT
Point'F'; thence S89°28'09"E, 18.99 feet to a point on the west line of S. Sheldon Avenue, and there S59°44'43"W BK 292,PG 153
terminating; AND beginning at point'A'; thence S14°55'24"E, 35.00 feet, and there terminating; AND 38.56'
beginning at point'B'; thence S09°52'14"W, 45.00 feet, and there terminating; AND beginning at point'B'; E
thence N56°06'24"E, 45.00 feet, and there terminating; AND beginning at point'C'; thence S77°04'20"W, i
45.00 feet, and there terminating; AND beginning at point'C'; thence N09°52'14"E, 45.00 feet, and there
terminating; AND beginning at point'D'; thence N77°04'20"E, 80.50 feet, and there terminating; AND N00°23'05"w
beginning at point'E'; thence S59°44'43"W, 38.56 feet, and there terminating; AND beginning at point'E'; 143.04'
thence N00°23'56"W, 35.00 feet, and there terminating, AND Beginning at point'F'; thence
N89028'09"W, 30.00 feet, and there terminating, all together containing 22499.08 s.f.
D
10.00,
N77°04'20"E N77°04'20"E
N09°52'14"E 317.99' 80.50'
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45.00'
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[FLECTRIC LINT 274.07'
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SEC.9-83-24
EASEMENT EXHIBIT A I hereby certify that this land duly
licensed
document was prepared by me or under my direct personal `��\1illllu1111�
. supervision and that I am a duly licensed Professional Land Surveyor under the laws of the State of Iowa. o``P� EY STD
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STRAND ISU SW ATHLETIC COMPLEX
ASSOC IATES' _ 17161
Strand Associates, Inc. 511 S. SHELDON AVENUE o'•,
414 South 17th Street,Suite 107 AM ES, IOWA R. BRADLEY STUMBO, PLS DATE
:ems•'•. /OWP •: ,
Ames,Iowa 50010 License number 17161 �'� ON 5J
Phone:(515)233-0000 JOB# 4429.013 DATE: 4/12/24 PAGE 1 OF 1 M license renewal date is December 31, 2025. ��ii���q� LAN�\\�p�`�
FAX: (515)233-0103 y
Survey Description-Electric Line and Guy Anchor Easement:
A strip of land 10.00 feet in width across the West Half of the Northwest Quarter of
Section 9, Township 83 North, Range 24 West of the 5th P.M., City of Ames, Story
County, Iowa, being situated 5.00 feet on each side of the following centerlines:
Commencing at the West Quarter Corner of said Section 9; thence N00024'10"W,
637.61 feet along the west line of said Section 9; thence S89°35'50"E, 97.21 feet to the
east line of State Avenue and the point of beginning; thence S85057'12"E, 405.03 feet
to point 'A'; thence N56°06'24"E, 197.00 feet to point 'B'; thence N09052'14"E, 262.20
feet to point 'C'; thence N77004'20"E, 317.99 feet to point 'D'; thence S00024'26"E,
274.07 feet, and there terminating; AND beginning at point 'D'; thence N00023'05"W,
143.04 feet to point 'E'; thence N59043'1 YE, 293.20 feet to Point 'F'; thence
S89028'09"E, 18.99 feet to a point on the west line of S. Sheldon Avenue, and there
terminating; AND beginning at point 'A'; thence S14055'24"E, 35.00 feet, and there
terminating; AND beginning at point 'B'; thence S09052'14"W, 45.00 feet, and there
terminating; AND beginning at point 'B'; thence N56006'24"E, 45.00 feet, and there
terminating; AND beginning at point 'C'; thence S77004'20"W, 45.00 feet, and there
terminating; AND beginning at point 'C'; thence N09052'14"E, 45.00 feet, and there
terminating; AND beginning at point 'D'; thence N77004'20"E, 80.50 feet, and there
terminating; AND beginning at point 'E'; thence S59044'43"W, 38.56 feet, and there
terminating; AND beginning at point 'E'; thence N00023'56"W, 35.00 feet, and there
terminating, AND Beginning at point 'F'; thence N89028'09"W, 30.00 feet, and there
terminating, all together containing 22499.08 s.f.
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CITY OF ISU SW RECREATION COMPLEX
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8c EASEMENT Drawn: M EI 5/1/24 Drawing Number
ELECTRIC SERVICES Checked: E 2 0 2 4 - X X X
Approved: sheet 1 of 1 1scale: NONE 10