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Home My WebLink About~Master - Electric Distribution Utility Easement - CYTown Development Area - from Board of Regents, State of Iowa Instrument N: 2024.04559 07/02/2024 02:41 :34 PM Total Pages: 7 EASE EASEMENTS Recording Fee: g 37.00 Stacie HerridgeI,I Recorder, Story County Iowa MINE WWI 11111 i Legal Description: See Exhibit B li 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 CYTOWN DEVELOPMENT AREA 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 the certain real property locally known as the CYTown Development Area 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 as depicted in Exhibit A,which is attached and made part of this Agreement,and legally described in Exhibit A("Property"), B. Grantee has installed electric distribution system components on the Property. Grantor supports the components remaining on the Property and is willing to grant Grantee an easement across the Property in accordance with the terms of this Agreement. C. Grantor acknowledges that Grantee will be installing additional electrical components on the Property to provide electrical services to the Property,which will require Grantor to grant to Grantee additional easements. Grantor has a continuing obligation to provide Grantee with easements for such additional electric distribution components at no cost to the Grantee. TERMS I. 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 B and made part of this Agreement,and legally described in Exhibit B ("Easement Area"). Template B: City Equipment Already Installed(October 2023) i 2. Use. Grantee shall use the Easement Area for the purpose of operating, using, maintaining, and repairing electric distribution system components("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. As the electric distribution system is designed and installed upon the Property, Grantor will timely provide to Grantee the easements needed at no additional cost to Grantee. Grantor shall be responsible for the preparation and cost of any required Plats of Easement and legal descriptions required. Said easements shall be memorialized using the easement template approved by Grantor and Grantee staff on October 26, 2023,unless Grantor and Grantee mutually agree otherwise. 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. Maintenance and Repair, As between Grantor and Grantee, Grantee shall be solely responsible for maintaining and repairing the Grantee Components. 5. Liability. 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. 6. 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. 7. Rights Reserved. Grantor may use the Easement Area for any purpose that does not interfere with Grantee's rights granted in this Agreement. 8. 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 2 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. 9. 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 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. 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. Signature pagefollows on the next page 3 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 B Executive Director STATE OF IOWA,COUNTY OF POLK, SS.: This instrument was acknowledged before me on 1 u g_ 2 by Mark Braun as Executive Director of the Board of Regents, State of Iowa. �y STEPHANIE GRIFFIN /��/�rl i A J:Corlrnission Number 817091 �✓ rn��v My Commission Expires Notary Public May 22,2025 My Commission expires: s CITY OF AMES,IOWA ,l 7 ^� Passed and approved on a r� 2�v by Resolution No. adopted by.the City Council of Ames,Iowa. Att s By: R&ncc Hall,City Clerk John A. Haila,Mayor STATE OF IOWA,COUNTY OF STORY, SS.: np U This instrument was acknowledged before me on V 1 l 6 by Renee Hall and John A. Haila,as City Clerk and Mayor,respectively, of the City of Aines,Iowa. Notar Public My commission expires: 0`0Z I' � �. JERAMY NEEFUS Commission Number 841141 • My Com ices 4 EXHIBIT A CYTOWN DEVELOPMENT AREA PROPERTY DESCRIPTION: A PART OF THE NORTHWEST 1/4 OF SECTION 10,TOWNSHIP 63 NORTH,RANGE 24 WEST OF THE 5TH P,M.,CITY OF AMES,STORY COUNTY,IOWA AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 10;THENCE SOUTH 00"29'25"EAST ALONG THE WEST LINE OF SAID NORTHWEST 114,A DISTANCE OF 75.00 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF LINCOLN WAY',THENCE NORTH 89.17'01"EAST ALONG SAID SOUTH RIGHT-OF-WAY LINE,33.00 FEET TO THE EAST RIGHT-OF-WAY LINE OF BEACH AVENUE AND TO THE POINT OF BEGINNING;THENCE NORTH 89°17.01"EAST ALONG SAID SOUTH RIGHT-OF-WAY LINE,1,49303 FEET TO THE WEST RIGHT-OF-WAY LINE OF UNIVERSITY BOULEVARD; THENCE SOUTH 52-3624" EAST ALONG SAID WEST RIGHT-OF-WAY LINE, 90.95 FEET ; THENCE SOUTHEASTERLY ALONG SAID WEST RIGHT-OF-WAY LINE AND ALONG A CURVE CONCAVE EASTERLY WHOSE RADIUS IS 2,371.83 FEET, WHOSE ARC LENGTH IS 537,80 FEET AND WHOSE CHORD BEARS SOUTH 09°31'49"EAST,536,66 FEET;THENCE SOUTH 16-01-34"EAST CONTINUING ALONG SAID WEST RIGHT-OF-WAY LINE, 394,64 FEET; THENCE SOUTHERLY CONTINUING ALONG SAID WEST RIGHT-OF-WAY LINE AND ALONG A CURVE CONCAVE WESTERLY WHOSE RADIUS IS 1,829.86 FEET,WHOSE ARC LENGTH IS 487.64 FEET AND WHOSE CHORD BEARS SOUTH 08-23-30" EAST,486.20 FEET;THENCE SOUTH 00.46TV EAST CONTINUING ALONG SAID WEST RIGHT-0E-WAY LINE,474.60 FEET;THENCE SOUTH 69-14'34"WEST CONTINUING ALONG SAID WEST RIGHT-OF-WAY LINE,10.00 FEET; THENCE SOUTH 00'46'28"EAST CONTINUING ALONG SAID WEST RIGHT-OF-WAY LINE,319.24 FEET;THENCE SOUTH 89°21'08"WEST, 1,814.81 FEET TO SAID EAST RIGHT-OF-WAY LINE OF BEACH AVENUE;THENCE NORTH 0'29'25"WEST ALONG SAID EAST RIGHT-OF-WAY LINE,2,238.60 FEET TO THE POINT OF BEGINNING AND CONTAINING 89.20 ACRES(3,885,620 S.F.). j PROPERTY SUBJECT TO ANY AND ALL EASEMENTS OF RECORD. N 1/4 Corner NW CornerID-83-24 Se C.10-83-20 I Fnd Cut"X" Fnd Cot"X" Corner CerL Corner Cerl I-00 No. II No. I 9fi-00365 2008-00011771 LINCOLN WAY N 89°IT01' L— 2,626,44' - `r.— - - - - - - - — j'T' S00°29'25"E 76.00' 75.00'1/2 ROW M&R N 890 17'01" E 1,493.03' N89'17'0I"E 33.00' Point of S 52° 36'24"I E Beginning 90.95 4 I SEA RaOVA 3)-2A 11N NWil A4 NW t0 83-2 SEA I iS16°01'34"E 0 394.64' ro o6 CYTOWN W �, Ev DEVELOPMENT AREA Z m N 885,5 AD 0 3 886 520 SF Wm > 3 3 Qo L.--._n_ - ---._ N on m UQon o w m N z f° o S0°45'26"E > Z 474.60' w,n SS1j4 NWiI-4 o sE� b a3 Do 3 NWtI n a a W g 2 S89 .00, "W 1n S 1d 8 � 0.00' UL SE0 i w > S 0045'26" E Z 319.24' S 89° 21'O8" W 1,814.81' �! JACK TRICE WAY — —-—-—-—-— — — — — — — — `W 1/4 Corner Se,10-83-24 DATE OF SURVEY Corner tCerl not No.2021-13163 AUGUST 15,2023 CURVE TABLE 0 300 CURVE NO. DELTA RADIUS ARC LENGTH TANGENT CHORD BEARING/DISTANCE C-1 12-59'29"LT 2,371,83' 537.80' 270.06' 89'31'49"E 636.65' LIIIiWIIIIIIIIIIIIIII C-2 16e16'08"RT 1,829.86 487.64' 245.27' ST23'90"E 486,20' SCALE (FEET) CYTOWN DEVELOMENT AREA SHEET 1 OF 1 --- PN: 1220768 EXHIBIT DRAWING FLD BK:881A PG;38 SS N Y D E R 2727 S.W.SNYDER BLVD. DATE; 12I5123 ®ASSOCIATES ANKENY,IA 60023(615)964.2020 PVTrECH:EJM/SDB �Bm„41ne n,W pp�� VnRalrcu\]Oti\4IG16&p,1IpTEniB1,iipiu.�m'wr ,veM1ba�fNOBls�d,\Mm55pa,\S,vq✓e,\RnPopVm.1aN\fel,.W %uM EXHIBIT B INDEX LEGEND SURVEYOR'S NAME/RETURN TO: ERIC J.MILLER SNYDER&ASSOCIATES,INC. 2727 SW SNYDER BOULEVARD ANKENY,IOWA 60023 515-964-2020 ERIC M ILLER@SNYDER-ASSOC IATES.COM SERVICE PROVIDED BY: SNYDER&ASSOCIATES,INC, SURVEY LOCATED: 8112 NW114 SECTION 10-83-24 REQUESTED BY: IOWA STATE UNIVERSITY EASEMENT PLAT PUBLIC UTILITY EASEMENT DESCRIPTION A PART OF THE SOUTH 1/2 OF THE NORTHWEST IA OF SECTION 10,TOWNSHIP 83 NORTH,RANGE 24 WEST OF THE 5TH P,M.,CITY OF AMES,STORY COUNTY,IOWA AND DESCRIBED AS FOLLOWS: COMMENCING AT THE WEST 1/4 CORNER OF SAID SECTION 10;THENCE NORTH 89'09'20'1 EAST ALONG THE SOUTH LINE OF SAID SOUTH 1/2 OF THE NORTHWEST 1/4,A DISTANCE OF 1157.28 FEET;THENCE NORTH 0°4041"WEST,213.37 FEET TO THE POINT OF BEGINNING;THENCE CONTINUING NORTH 0°4041"WEST,123.87 FEET;THENCE NORTH 89"91 EAST,67.11 FEET',THENCE NORTH 0'40'41"WEST,265.76 FEET;THENCE SOUTH 891 WEST,449,50 FEET;THENCE NORTH 0'40'41"WEST,354,24 FEET;THENCE NORTH 891 EAST,20,00 FEET;THENCE SOUTH 0'40'41"EAST,334.24 FEET;THENCE NORTH 89'19'19"EAST,449.50 FEET', THENCE SOUTH 0°4041"EAST,305.76 FEET;THENCE SOUTH 89"19'19"WEST,67.11 FEET;THENCE SOUTH 0"4041"EAST,103.87 FEET;THENCE SOUTH 89'191 WEST,20.00 FEET TO THE POINT OF BEGINNING AND CONTAINING 0,58 ACRES(25,210 S,F.). PROPERTY SUBJECT TO ANY AND ALL EASEMENTS OF RECORD. BASIS OF BEARING THE SOUTH LINE OF THE SOUTH 1/2 OF THE NORTHWEST V4 OF SECTION 10,TOWNSHIP 83 NORTH,RANGE 24 WEST OF THE 5TH P.M,IS ASSUMED TO BEAR NORTH 89°09'20"EAST FOR THE PURPOSE OF THIS SURVEY, I DATE OF SURVEY 11-30-2022 OWNER IOWA STATE UNIVERSITY 1350 BEARDSHEAR HALL AMES,IA 50011 LEGEND FEATURES FOUND SET Section Corner 1�1 1/2"Rabat,Cap 0 19515 w/Orane Plastic Ca T hereby.d. that this I.1.d.m,b document 9 P was prepared and the relaletl survey work was (Unless Othenvlse Noted) performetl by ma or under myy dlrecl personal ROW Marker ■ ❑ upervislon and that I am a duly licensed Professional Land Surveyor under the laws of the ROW FallPlaited Distance `�' 6"�`lowk, Slateoflowa. Measured Bearing&Distance M "0 Recorded As R ERIC J, � Eric J.Miller,PLS Data Deed Distance D i� MILLER "� Calculated Distance C a License Number 19515 Cenlerllne —_ _— 19515 My License Renewal Dale is December 31,2022 Section Llne Pages or sheets covered by this seal: 114 Section Line — — 'f IOWA Sheets l and 2 of 2 114114 Section Lino — Easement Line CYTOWN PROJECT 9HEETIOF2 PUBLIC UTILITY EASEMENT PN:122.0766,01 T-R-SJON-24W-10 SNYDER 2727 S.W.SNYDER BLVD. DATE:12/0112022 &ASSOCIATES ANKENY, IA 50023(515)964-2020 PMffECH:EJM/AJD vwml"c4Vonezxp196.anc2olTtxxoloeyVe ensa.ewu EASEMENT PLAT N89'19'19"E 20.00' N I I t'M1 SM11�No�q.T.A a� IA SCD-ooN M W I I 0 100 zI OM FEET .-��.—�--- 20'Public Utility Easement I N89°19'—449.50' � 589°19'19"W 449.50' I I Lo ! io I I io NI Im v of I� zl 10 N89°19'19"E 67.11- ( I I —�� I S89°19'19"W 67.11' Point Of Beginning M —50°40'41"E 103.87'-- JACK TRICE WAY �� 1 N f` M S89°19'19"W 20,00' o vi� z MI Z <n NI W114 Corner Section 10-83-24 Found U2"Rebar Wilh I Center Section 10-83-24 Orange Plastic Cap#19515 Found 60D Spike Instrument No,2021-13163 I Instrument No,2013-00014488 1157.28' N89°09'20"E 2628.84' CYTOWN PROJECT SHEET 2OF2 68.01 PUBLIC UTILITY EASEMENT T-R1S .o724W T-R-S:BBN-24W-10 S N Y D E R 2727 S,W,SNYDER BLVD. DATE:12/01/2022 &ASSOCIATES ANKENY,IA 50023(515)964-2020 PM/TECH,EJM/AJD vwi°�w.zozznzzmae,oncaorn�a¢mespuE eosEawe