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HomeMy WebLinkAboutA001 - Council Action Form dated February 27, 2024 ITEM#: 18 DATE: 02-27-24 DEPT: Elec COUNCIL ACTION FORM SUBJECT: ACCEPTANCE OF ELECTRIC UTILITY EASEMENTS FROM IOWA STATE UNIVERSITY BACKGROUND: The City's electric utility relies on easements from property owners to provide reliable electric service to the utility's customers throughout the community. Iowa State University is developing a mixed-use entertainment district called CY Town, located between Jack Trice Stadium and the Iowa State Center facilities adjacent Lincoln Way. Most of the existing facilities within this area are retail customers of the City's electric utility. It is anticipated that the buildings and other developments that are constructed in the CY-Town project will also become retail customers of the City's electric utility. Due to the existing and anticipated demands for electricity in this area, and to ensure the level of reliability that the electric utility customers expect, it is planned that four separate electric distribution routes will serve this area. Two of the lines will connect to CY-Town from the Vet Med Substation, and two will connect from the Mortensen Road Substation. This redundancy provides for the area to be served even in the event of a fault or maintenance at either substation or on either of the lines connecting each substation to CY-Town. Several of the electric lines that will serve CY Town are already in place, although portions of them that cross ISU property are not in recorded easements. Following discussions with ISU staff, easement documents have been prepared that address five specific locations. These five easements are located as follows (see attached map): • East of University Blvd,between S. 4th Street and Vet Med Substation • South side of S. 4th Street,between Beach Avenue and University Blvd • Mortensen Rd,between State Avenue and Welch Avenue • Vet Med Substation • North side of US Highway 30,between University Blvd and Vet Med Substation The first four of the above easement does not reflect a relocation of the existing electric lines. The fifth easement along the north side of US Highway 30 is adjacent to an existing electric line that is situated in the DOT right-of-way. DOT has indicated that this line may not be modified to intensify its use. Therefore, relocation of the line onto ISU property is necessary. The proposed easements are attached. Staff from Iowa State University Facilities Planning & Management is supportive of the easements. Normally, Council action is not required to accept easements. However, ISU has requested that the City Council accept the easements prior to obtaining approval from the Board of Regents. The easements are on the Board of Regents agenda for the February 28, 2024. It is important to emphasize that one additional easement, near the Southwest Athletic Complex, 1 is still under discussion between City and ISU staff. Staff anticipates bringing that easement to Council at a later date. ALTERNATIVES: 1. Approve the attached Electric Utility Easements on State of Iowa property in order to provide normal and backup service to Cy-Town as well as other ISU electric load in the vicinity. It should be remembered that the easements will not become in effect until approved by the State Board of Regents. 2. Do not approve the Electric Utility Easements on State of Iowa property and direct Electric Services' staff to find an alternate routes to provide service to Cy-Town. CITY MANAGER'S RECOMMENDED ACTION: The Cy-Town project has been designed to receive service from Ames Electric Services Department. Establishing these easements will enable the Electric Services Department to meet that commitment. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1, as noted above. ATTACHMENT(S): 2024-01-22.Easement City of Ames—East of University_Proposed Final.pdf 2024-01-22.Easement City of Ames_Mortensen_Proposed Final.pdf 2024-01-22.Easement City of Ames—Vet Med Substation—Proposed Final.pdf 2024-01-22.First Amendment Easement for Electrical Lines_Proposed Final.pdf 2024-01-29.Easement_City of Ames—Highway 30_Proposed Final.pdf Easements from ISU - Feb 2024.pdf 2 Legal Description: See Exhibit A 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 EAST OF UNIVERSITY This Electric Distribution Utility Easement Agreement("Agreement") is entered into on February 29, 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("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. 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 Map of Easement, which is attached as Exhibit B and made part of this Agreement, and legally described in Exhibit A("Easement Area"). 2. Use. Grantee shall use the Easement Area for the purpose of 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 Template B: City Equipment Already Installed(October 2023) 3 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. Liabili . 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 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. 2 4 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 page follows on the next page 3 5 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: 4 6 EXHIBIT 'A' - EASEMENT LEGAL DESCRIPTIONS Page 1/3 ELECTRICAL EASEMENT DESCRIPTION: THAT PART OF PARCEL'X' LOCATED IN THE WEST HALF OF THE SOUTHEAST QUARTER OF SECTION 10, TOWNSHIP 83 NORTH, RANGE 24 WEST OF THE 5TH P.M., STORY COUNTY, IOWA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: A 10 FOOT WIDE EASEMENT, BEING 5 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE, WHICH FOLLOWS THE EXISTING POLES, COMMENCING AT THE CENTER OF SAID SECTION 10,T83N, R24W,THENCE N89° 50' 03" E 28.12 FEET ALONG THE NORTH LINE OF SAID PARCEL'X'TO THE POINT OF BEGINNING, THENCE S 00° 21' 42" E 1,988.25 FEET TO THE SOUTH LINE OF PARCEL 'X'. SIDELINES WILL BE EXTENDED OR SUBTENDED TO TERMINATE AT THE SOUTHERLY AND NORTHERLY LINES OF PARCEL 'X'. BEARINGS SHOWN ARE GRID, IOWA STATE PLANE, NORTH ZONE, US SURVEY FOOT. Page 2/3 - Area North of S. 16t" Street ELECTRICAL EASEMENT DESCRIPTION: THAT PART OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 10-83-24 LYING WEST OF THE ABANDONED RAILROAD RIGHT-OF-WAY AND ALSO LYING NORTH OF SOUTH 16TH STREET RIGHT-OF-WAY, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF PARCEL'X' IN THE WEST HALF OF THE SOUTHEAST QUARTER OF SAID SECTION 10; THENCE S 89°50'30" E, 29.27 FEET ALONG THE SOUTH LINE OF SAID PARCEL'X'TO THE POINT OF BEGINNING AT THE CENTERLINE OF THE EXISTING POWER POLES; THENCE S 00°19'25" E, 267.21 FEET ALONG THE CENTERLINE OF EXISTING POWER POLES TO THE NORTH RIGHT-OF-WAY LINE OF SOUTH 16TH STREET, WITH SIDELINES BEING EXTENDED OR SUBTENDED TO TERMINATE AT THE NORTH RIGHT-OF-WAY LINE OF SOUTH 16TH STREET. BEARINGS SHOWN ARE GRID, IOWA STATE PLANE, NORTH ZONE, US SURVEY FOOT. Page 2/3 - South 16th Street Right-of-Way ELECTRICAL EASEMENT DESCRIPTION SOUTH 16TH STREET RIGHT-OF-WAY: THAT PART OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 10-83-24 LYING WEST OF THE ABANDONED RAILROAD RIGHT-OF-WAY, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE WEST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 10 AND THE SOUTH RIGHT-OF-WAY LINE OF SOUTH 16TH STREET; THENCE S 85°09'44" E, 25.17 FEET ALONG THE SOUTH RIGHT-OF-WAY LINE OF SOUTH 16TH STREET TO THE POINT OF BEGINNING AT THE CENTERLINE OF EXISTING POWER POLES; THENCE N 00°09'42" W,43.52 FEET ALONG THE CENTERLINE OF EXISTING POWER POLES TO AN EXISTING POWER POLE WITHIN THE SOUTH 16TH STREET RIGHT-OF-WAY; THENCE N 00°20'49" W, 97.04 FEET TO THE NORTH LINE OF THE NORTH RIGHT-OF-WAY LINE OF SOUTH 16TH STREET WITH SIDELINES BEING EXTENDED OR SUBTENDED TO TERMINATE AT THE NORTH RIGHT-OF- WAY LINE OF SOUTH 16TH STREET OF SAID SECTION 10. BEARINGS SHOWN ARE GRID, IOWA STATE PLANE, NORTH ZONE, US SURVEY FOOT. 7 Page 2/3 - Area South of S. 16th Street ELECTRICAL EASEMENT DESCRIPTION: THAT PART OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 10-83-24 LYING WEST OF THE ABANDONED RAILROAD RIGHT-OF-WAY AND ALSO LYING SOUTH OF SOUTH 16TH STREET RIGHT-OF-WAY, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE WEST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 10 AND THE SOUTH RIGHT-OF-WAY LINE OF SOUTH 16TH STREET; THENCE S 85°09'44" E, 25.17 FEET ALONG THE SOUTH RIGHT-OF-WAY LINE OF SOUTH 16TH STREET TO THE POINT OF BEGINNING AT THE CENTERLINE OF EXISTING POWER POLES; THENCE S 00°17'44" E, 250.55 FEET ALONG THE CENTERLINE OF EXISTING POWER POLES TO THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 10,WITH SIDELINES BEING EXTENDED OR SUBTENDED TO TERMINATE AT THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 10. BEARINGS SHOWN ARE GRID, IOWA STATE PLANE, NORTH ZONE, US SURVEY FOOT. Page 3/3 —Area north of RR ROW ELECTRICAL EASEMENT DESCRIPTION: THAT PART OF THE NORTHEAST 1/4 OF SECTION 15-83-24, WEST OF THE 5TH PM, CITY OF AMES, STORY COUNTY, IOWA; MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTH 1/4 CORNER OF SAID SECTION 15;THENCE N 89°40'31" E, 26.98 FEET ALONG THE NORTH LINE OF SAID SECTION 15 TO THE POINT OF BEGINNING AT THE CENTERLINE OF EXISTING POWER POLES; THENCE S 00°00'06" E, 751.81 FEET ALONG THE CENTERLINE OF EXISTING POWER POLES TO THE NORTH LINE OF THE ABANDONED RAILROAD RIGHT-OF-WAY, WITH SIDELINES BEING EXTENDED OR SUBTENDED TO TERMINATE AT THE ABANDONED RAILROAD RIGHT-OF-WAY. BEARINGS SHOWN ARE GRID, IOWA STATE PLANES, NORTH ZONE, US SURVEY FOOT. 8 C7 w X LL Z U Z J m o z � z J u Z ? v w = Q W v) ,X, o LL p oa LnO - w } o H z —_- 9 =—= = =====C = = T�== 7:oe-77-=_=_��—__ U } F F F Ln N W W n0 C rn L N Q o H Z LL u' CL X io ?j an Zp LA cc Q iv w -LU d. Wood Z G a CD W LUN a:Lu U Wuj N f3om U Ln Z cc oo Ou N Z W L. Q O 'j d o w p U w N 2 w N Z N W 2EL 00 MZ � O w o O O o O v J �����- d w z w Q v) U d u o W Ln Lli _ \\ LL 3 MIVA3ino8 /WSi AINn N N Oz z3 arum o �\ 3 jW m O w w O � X � F-O ZZNr3w } Joz O Q=O Q W NZZK "� w Imcd 0. U WU� � o o�inZO �, L� a �W o�m ou���z D (/f N W W W m V O 9 0 O O a o O l++w N ON wa ZZ_-<x x l7 J W- -Z U O a w u �W aQg 2�WWW� OZ Z 0 3v90 3 z$ x a� V x x O w 10, Z U =v= M. �2U wwf-Hwx Z O z E-ems ` z zei W O w f- w O?F" O „Yam z �N t z3-a zx3� Y 3 z � J z= r' (� 0 O Oa 0�...a 2¢ a O_ C7 may O ti Z� l 1 ,w F-2 Zw w��xOH H F w w F E; R o _ 1�1 p m LL o z a d Zoop Om U�Z F vwi Z w w o ?Un m$ O•-•w U Ox0 OpY00-a=� Q Z ¢ G 3 N 3 W N �c vl w vl Z F w w X /-. W H Zz op w m > Q F 3 N in �O h+l ¢ �u3m mula�o - o W ? J a o z o Q H O On F-x O v,Z o w o w l Z ~Z > > F. cwXOQ W c7 o JNZ < 0 w�V;Fc Z W a w p 0 u LLI Z w Q OLL�Z 3 U p Z w O Q O Z I ------��i,, O O• O O W �< V U t- �U Z Zan � J �•i w o a I�- 5 N a �MD W 2�C, w I '�n• fyy�c "s �llllA�3 W"���`` INDEX LEGEND LOCATION SW COR OFTHE SW 1/40FTHE SE 1/4 SECTION 10,T-83-N, R-24-W STORY COUNTY,IOWA REQUESTOR: CITY OF AMES PROPRIETOR: STATE OF IOWA SURVEYOR: EUGENE DREYER,P.L.S.#17535 SURVEYOR COMPANY: BOLTON&MENK,INC. RETURN TO: EUGENE DREYER,BOLTON&MENK,INC. 1519 BALTIMORE DRIVE,AMES,IA 50010(515)-233-6100 FOR RECORDER USE ONLY MAP OF EASEMENT i0 TWO PARCELS,LOCATED IN THE SW 1/4 OF THE SE 1/4 OF SEC 10,T-83-N R-24-W PARCEL X' AMES,STORY COUNTY JANUARY 2024 I i POINT OF BEGINNING ELECTRICAL EASEMENT POINT OF COMMENCEMENT � I THAT PART OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SOUTHWEST CORNER / O SECTION 10-83-24 LYING WEST OF THE ABANDONED RAILROAD RIGHT-OF-WAY OF PARCEL'X'OF / ml AND ALSO LYING NORTH OF SOUTH 16TH STREET RIGHT-OF-WAY,MORE SECTION 10-83-24 PARTICULARLY DESCRIBED AS FOLLOWS: I COMMENCING AT THE SOUTHWEST CORNER OF PARCEL W IN THE WEST HALF OF S 89°50'30"E 29.27'-�� THE SOUTHEAST QUARTER OF SAID SECTION 10;THENCE S 89°50'30"E,29.27 FEET ALONG THE SOUTH LINE OF SAID PARCEL'X'TO THE POINT OF BEGINNING ATTHE CENTERLINE OF THE EXISTING POWER POLES; THENCE S 00°19'25"E,267.21 FEET S 00°19'25"E 267.21'- ALONG THE CENTERLINE OF EXISTING POWER POLES TO THE NORTH 101 RIGHT-OF-WAY LINE OF SOUTH 16TH STREET,WITH SIDELINES BEING EXTENDED lml OR SUBTENDED TO TERMINATE AT THE NORTH RIGHT-OF-WAY LINE OF SOUTH 16TH STREET. S 00°19'30"E 264.82'- ELECTRICAL EASEMENT-S.16TH STREET RIGHT-OF-WAY 10'ELECTRICAL EASEMENT THAT PART OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 10-83-24 LYING WEST OF THE ABANDONED RAILROAD RIGHT-OF-WAY,MORE PARTICULARLY DESCRIBED AS FOLLOWS: lO m zi COMMENCING AT THE INTERSECTION OF THE WEST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 10 AND THE SOUTH lI h RIGHT-OF-WAY LINE OF SOUTH 16TH STREET;THENCE S 85°09'44"E,25.17 FEET ALONG THE SOUTH RIGHT-OF-WAY LINE OF CP SOUTH 16TH STREET TO THE POINT OF BEGINNING AT THE CENTERLINE OF EXISTING POWER POLES;THENCE N 00°09'42"W, I O 43.52 FEET ALONG THE CENTERLINE OF EXISTING POWER POLES TO AN EXISTING POWER POLE WITHIN THE SOUTH 16TH STREET 0 RIGHT-OF-WAY;THENCE N 00°20'49"W,97.04 FEETTO THE NORTH LINE OF THE NORTH RIGHT-OF-WAY LINE OF SOUTH 16TH STREET WITH SIDELINES BEING EXTENDED OR SUBTENDED TO TERMINATE AT THE NORTH RIGHT-OF-WAY LINE OF SOUTH 16TH I Q STREET OF SAID SECTION 10. l lol NORTH R.O.W.OF -- SOUTH 16=H ST. 70' S 85°03'09"E 29.34'- �I IO IRII �- ---N 00°20'49"W 97.04' S 16THSTREET I - -- 70' OI -N 00°09'42"W 43.52' POINT OF BEGINNING �-- _ - N 85°09'44"W 25.17'- ELECTRICAL EASEMENT THAT PART OF THE SOUTHWEST QUARTER OF THE SOUTHEAST - -- QUARTER OF SECTION 10-83-24 LYING WEST OF THE ABANDONED RAILROAD RIGHT-OF-WAY AND ALSO LYING SOUTH OF SOUTH 16TH POINT OF COMMENCEMENT -- -- _ STREET RIGHT-OF-WAY,MORE PARTICULARLY DESCRIBED AS FOLLOWS: INTERSECTION OF THE WEST QI m COMMENCING AT THE INTERSECTION OF THE WEST LINE THE LINE OF THE SOUTHEAST QUARTER OF SECTION 10-83-24 AND THE I SOUTH R.O.W.OF SOUTHEAST QUARTER OF SAID SECTION 10 AND THE SOUTHTH RIGHT-OF-WAY LINE OF SOUTH 16TH STREET;THENCE S 85°09'44"E, SOUTH RIGHT-OF-WAY LINE OF l SOUTH 16TH ST. 25.17 FEET ALONG THE SOUTH RIGHT-OF-WAY LINE OF SOUTH 16TH SOUTH 16TH STREET. STREET TO THE POINT OF BEGINNING AT THE CENTERLINE OF EXISTING I POWER POLES;THENCE S 00°17'44"E,250.55 FEET ALONG THE S 00°17'44"E 250.55' CENTERLINE OF EXISTING POWER POLES TO THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 10,WITH SIDELINES BEING IOI EXTENDED OR SUBTENDED TO TERMINATE AT THE SOUTH LINE OF THE m SOUTHEAST QUARTER OF SAID SECTION 10. 10'ELECTRICAL EASEMENT NOTE: I o BEARINGS SHOWN ARE GRID,IOWA STATE PLANE,NORTH ZONE,US SURVEY FOOT. I l ll o LEGEND: Ol FOUND SECTION CORNER I l(� UTILITY POLE l E ELECTRIC UNDERGROUND OE OVERHEAD ELECTRIC F FIBER UNDERGROUND S 1/4 COR. 0 ao 80 EASEMENT SEC 10, O HORZ. T83N,R24W m SCALE FEET FOUND MAGNAIL l SOUTH LINE SE 1/4 SEC 10-83-24 MAP OF EASEMENT PART OF THE SW 1/4 OF THE SE 1/4 OF SEC 10,T-83-N,R-24-W,AMES,STORY COUNTY,IOWA =BEET E 1519 DRIVE 2BOLTON AES,IOA510 5 5)2336100 °`GIMENK 3 R{Amfs�AssuoaeTCAo�cso�oio Uirs�l-vans[[i FOR o[N[towo Iryz/zozo z:ss Al Toe NUMsex.Ass.uoaR 10 � � S w W Z � ' � M o wO U Z o U O z D Z W W O C7 L ® vUWi U a w Z Z o W o � X � z � � CCs W 0 W J W W O m � W � � u, w o O 0 �yo. J i N y / w p b z Z)F � O J ? I�b N z d' ~� =Z Z p z woo Zz 0. �owW¢� s �^' WO ~^� �Go _ oo °c, oJz z op �o« LU 3� ooOz�ma O 5r-1 Nu Q n mw W N> N bob a N o O v� ZOO oW'LWpO g z O f Nz z- o_ 0 H- o; wQOc7 a �r/�� =Z 2 m Z K ~ un U �ip .0—.wW o a z w �^ z O Z=�p F W N Nod ozZO�-(7� Q V WH a ��7 \F u W oms 30 W ri wC) FNou zyZ�LLJWW O Z OLcu W O K Q Q�'K J O C Q Z C F v~i O 1 M O.Z 29 L L- F-- til Z Z I. W w z Qz2sxwz, =,P 0 l7 LU H- Z F- _ o = z Z W "' J F OQ nmo OH3F" W m o � o >� o Q � ZY ua�aZ �oo�3Q N N w a ��wZmZ a oul7 Q ©Z w a ° !tea a LLI lm O wZ3=2 � w FW G t W HE- ou zf ZazFw rc 2 h m m � Jz o N 0 O W o M u V w W� z3 zOE Z wm O w �o ms a z wa < w o3 N 3 > m O ¢ 2 o Z ,o m Z 2 Q O WI O O 2 a n OZ p w p Z n z ti u ~ w mo w 0 M F J w a W O N- p d C M Z O W m 6 w V V1 Q 0 z° o p O Z Z O z O W O Z U Z m N a z > d o Z O ° O j y° r\i W O v > u N W 3 � w� O O Z Z 3 O W Legal Description: See pages 5-6 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 MORTENSEN ROAD This Electric Distribution Utility Easement Agreement("Agreement") is entered into on February 29, 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("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. 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"). 2. Use. Grantee shall use the Easement Area for the purpose of operating, using, maintaining, and repairing electric distribution system components for overhead and underground electrical lines ("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. Template B: City Equipment Already Installed(October 2023) 12 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. Liabili . 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 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 2 13 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 page follows on the next page 3 14 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: 4 15 EXHIBIT 'A' - EASEMENT LEGAL DESCRIPTIONS Easement Description - 10' Underground Electric Line Easement: A strip of land 10.00 feet in width across part of the South Half 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 centerline: Commencing at the Southwest Corner of the Northwest Quarter of the Southwest Quarter of said Section 9; thence S89°39'59"E, 226.82 feet along the south line of said Northwest Quarter of the Southwest Quarter to the point of beginning; thence N34°03'15"W, 23.62 feet; thence N26°51'37"W, 25.72 feet to the south line of an existing electric easement, and there terminating, containing 493.32 s.f. Survey Description - 10' Overhead Electric Line Easement: A strip of land 10.00 feet in width across part of the South Half 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 centerline: Commencing at the Southwest Corner of the Northwest Quarter of the Southwest Quarter of said Section 9; thence S89°39'59"E, 111.85 feet along the south line of said Northwest Quarter of the Southwest Quarter; thence N00°20'01"E,48.37 feet to the southeasterly right of way line of State Street and the point of beginning; thence S89°01'29"E, 12.55 feet to a point marked "A"; thence continuing S89°01'29"E, 335.32 feet; thence S88°40'52"E, 152.42 feet;thence S86°32'43"E, 204.08 feet; thence N89°54'10"E, 196.01 feet; thence S88°51'18"E, 351.87 feet; thence S89°28'51"E, 384.30 feet; thence N89°59'37"E, 199.84 feet; thence S89°27'22"E, 154.53 feet to a point marked "B"; thence S89°27'22"E,426.98 feet;thence S89°08'38"E, 140.61 feet to a point marked "C";thence N84°59'08"E, 49.88 feet, and there terminating;AND beginning at point"A"; thence N00°04'17"E, 45.13 feet, and there terminating; AND beginning at point "A"; thence S00°04'17"W,48.23 feet to the south line of said Northwest Quarter of the Southwest Quarter, and there terminating;AND beginning at point "B"; thence N00°33'20"E, 25.14 feet, and there terminating;AND beginning at point "C"; thence N00°29'59"E, 35.48 feet, and there terminating, all together containing 27422.62 s.f. Easement Description - 14' Underground Electric Line Easement: A strip of land 14.00 feet in width across part of the South Half of Section 9,Township 83 North, Range 24 West of the 5th P.M., City of Ames, Story County, Iowa, being situated 7.00 feet on each side of the following centerline: Commencing at the Southwest Corner of the Northwest Quarter of the Southwest Quarter of said Section 9; thence S89°39'59"E, 324.31 feet along the south line of said Northwest Quarter of the Southwest Quarter; thence NO2°15'40"E, 26.84 feet;thence N08°11'04"E, 14.26 feet to the south line of an existing electric easement, and there terminating, containing 575.49 s.f. 16 i i i NSE�Ag 83 2� L 10' OVERHEAD ,- z NOD"0417"E ELECTRIC LINE SBB"0''29`E A 45.13' S89"01'29" S88'40'52"E EASEMENT < 2 335.32' S86'32'43"! 5' EA. SIDE s U 12.55' 152.42' —0�— ——«—— —acFE 204,08' N69"54'10"E ( ) S88"51'18"E 19601'N046.30111E—~I 48.23' — — — — — — — — — — — — mar —oct —,�— < I N34-03'15'W ———=a�-=i_—N20"51'37"W 111.85' 25.72' 23.62'S89`39'59"E 226-82'324.31' MORTENSEN ROAD (66')SWCORNER -- - _ _ _ _— — — — — — — — — — — — — — — — — — — — — — — — — — — NW1/4,sw1/4 10' UNDERGROUND ROUND SEC.9-63-24 I ELECTRIC EASEMENT ELECTRIC EASEMENT gV1 VA (5' EACH SIDE) (7' EACH SIDE OF C.L.) S�v"iA A (CONTAINS TWO LINES) SEC 9g32 w Iz J. W > 11 Y`112A vZ 0 3 NSCgg aIU a- S88°51'18"E S89`28'51"E N89'59'37"E 351.87' a• Q S89"27'22'E NCO"33'2'L S89°2T22"E N00°29'S9"E < 384 3C' 199.84' T 154.53' S89°08'38"E — —°t---- -- — — — — — — —M—— --�-- - 251t' — — 426.98' 140.61' 35.48' 8 — N84'59'08'E MORTENSEN ROAD (66')— -- — — — — — — — — — — — — — — — — —— — — — — — — — — — — — — — — — — — SE CORINIER c, cur NE1//4,SW1/4 = SEC.9-83-24 Q A14 I �¢ SEG,9 I ra Q Owner Iowa State University Easement Description- 10' Underground Electric Line Easement.- Requested By. Mark Imhoff, City of Ames Electric Services A strip of land 10.00 feet in width across part of the South Half of Section 9, Township 83 North, Range 24 West of the 5th P.M., City of Ames. Story County. Iowa, heincg situated 5 00 feet on each side of the following centerline Commencing at the Southwest Corner of the Northwest Quarter of the Southwest Quarter of said Survey Description- 10'Overhead Electric Line Easement: Section 9;thence S89`39'59"E, 226.82 feet along the south line of said Northwest Quarter of the Southwest A strip of land 10.00 feet in width across part of the South Half of Section 9, Township 83 North, Range 24 West of the 5th P.M , City of Ames, Story Quarter to the point of beginning; thence N34°03 15"W, 23.62 feet, thence N26°51'37"W, 25.72 feet to the County, Iowa, being situated 5.00 feet on each side of the following centerline: Commencing at the Southwest Corner of the Northwest Quarter of the south line of an existing electric easement, and there terminating, containing 493.32 s.f. Southwest Quarter of said Section 9,thence 589°39'59"E, 111.85 feet along the south line of said Northwest Quarter of the Southwest Quarter, thence N00°20'01"E,48 37 feet to the southeasterly right of way line of State Street and the point of beginning,thence S89°01'29"E, 12.55 feet to a Easement Description- 14' Underground Electric Line Easement po nt marked "A thence continuing S89 01'29"E,335.32 feet:thence S88 40'52"E 152.42 feet; thence S86°32'43"E,204.08 feet thence A strip of land 14-00 feet in width across part of the South Half of Section 9 Township 83 North, Range 24 N89°54'10"E, 196.01 feet, thence 988°51'18"E, 351.87 feet; thence S89"28'51"E, 384.30 feet, thence N89'59'37"E, 199.84 feet, thence S89°27'22"E, West of the 51h P.M., City of Ames, Story County, Iowa, being situated 7.00 feet on each side of the following 154.53 feet to a point marked"B",thence S89°27'22"E,426.98 feet;thence S89`08'38"E, 140.61 feet to a point marked''C";thence N84`59'08"E, centerline Commencing at the Southwest Corner of the Northwest Quarter of the Southwest Quarter of said 49.88 feet, and there terminating;AND beginning at point'A thence N00'04'17'E,45-13 feet, and there terminating,AND beginning at point"A", Section 9;thence S89°39'59"E, 324.31 feet along trie south line of said Northwest Quarter of the Southwest thence 900'04'17'W,48.23 feet to the south line of said Northwest Quarter of the Southwest Quarter,and there terminatng AND beginning at point Quarter, thence NO2"15'40"E 26.84 feet; thence N08°11'04"E, 14.26 feet to the south line of an existing "B thence N00°33'20"E, 25.14 feet, and there terminating;AND beginning at point"C`; thence N00'29'59"E, 35.48 feet,and there terminating. all electric easement, and there terminating, containing 575.49 s.f. N together containing 27422.62 s.f. 0 100, 200' EASEMENT EXHIBIT I hereby certify that this land duly licensed document was prepared byo u or under my direct personal \}1`11rlllrr,r� supervision and that I am a dui licensed Professional Land Surveyor under the laws of the State of Iowa. •�`�01,EY SlG '�, STRAND CITY 4F AM ES ELECTRIC SERVICES ;,0� .. ENS ' ��; c ` D el* . o ; .ssocIAlrs /r- �� �✓!� 2/01/2022 v P171610 : rr FOX Strand Inc. IN THE SOUTH HALF OF SECTION 9-83-24, CITY OF AMES, STORY COUNTY, IOWA _o o= 414 South 17th Street,Suite 107 R. BRADLEY STUMBO, PLS DATE FJ, ., /pyyA Ames,Iowa 50010 License number P'7161 ��,� pN Phone:(515)233-0000 JOB# 4429.008 DATE: 2/01/22 PAGE 1 OF 1 My license renewal date is December 31, 2023. �ii,�gt LA1�\`��v�` FAX: (515)233-0103 rnrnntnll` 17 Legal Description: See pages 5-6 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 VET MED SUBSTATION This Electric Distribution Utility Easement Agreement("Agreement") is entered into on February 29, 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("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. 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 Map of Easement, which is attached as Exhibit A and made part of this Agreement, and legally described in Exhibit A("Easement Area"). 2. Use. Grantee shall use the Easement Area for the purpose of operating, using, maintaining, and repairing electric distribution system components for an electrical substation("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 Template B: City Equipment Already Installed(October 2023) 18 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. Grantee shall not move any fencing around the substation without the permission of Grantor,which will not be delayed or unreasonably withheld. 5. Liabili . 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 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 2 19 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 page follows on the next page 3 20 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: 4 21 EXHIBIT 'A' ELECTRICAL EASEMENT DESCRIPTION: PART OF THE EAST HALF OF THE NORTHWEST QUARTER OF SECTION 15,TOWNSHIP 83 NORTH, RANGE 24 WEST OF THE 5TH P.M., STORY COUNTY, IOWA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE NORTH RIGHT-OF-WAY LINE OF HWY#30 AND THE EAST LINE OF THE NW 1/4 OF SAID SECTION 15,THENCE SOUTH 84°48' 18" WEST, A DISTANCE OF 200.30 FEET ALONG THE NORTH LINE OF THE HIGHWAY#30 RIGHT-OF-WAY;THENCE NORTH 05°06' S7" WEST, A DISTANCE OF 30.17 FEET; THENCE SOUTH 84°55' 38" WEST, A DISTANCE OF 20.00 FEET; THENCE NORTH 05' 19' 17" WEST, A DISTANCE OF 117.80 FEET; THENCE NORTH 84°40' 48" EAST, A DISTANCE OF 20.00 FEET; THENCE NORTH 05' 19' 12" WEST, A DISTANCE OF 18.16 FEET;THENCE NORTH 84° 52' 28" EAST, A DISTANCE OF 34.50 FEET; THENCE NORTH 00' 35' 18" WEST,A DISTANCE OF 48.25 FEET;THENCE NORTH 88' 52'07" EAST,A DISTANCE OF 150.97 FEET; THENCE NORTH 00'43' 16" EAST, A DISTANCE OF 76.43 FEET; THENCE SOUTH 89' 56' 20" EAST, A DISTANCE OF 29.30 FEET TO THE EAST LINE OF THE NW 1/4 OF SAID SECTION 15 ; THENCE SOUTH 00' 03' 30" WEST, A DISTANCE OF 278.08 FEET ALONG THE EAST LINE OF THE NW 1/4 OF SAID SECTION 15 TO THE POINT OF BEGINNING. BEARINGS SHOWN ARE GRID, IOWA STATE PLANE, NORTH ZONE, SURVEY FOOT 22 INDEX LEGEND LOCATION EAST HALF OF THE NW 114 SECTION IS,T-83-N,R-24-W, AME5,STORY COUNTY,IOWA REQUESTOR: CITYOF AMES PROPRIETOR: STATE OF IOWA l SURVEYOR: EUGENE DREYER,P.L 5 R 17535 SURVEYOR COMPANY: BOLTON&MENK,INC RETURN TO: EUGENE DREYER,BOLTON R MENK,INC 1519 BALTIMORE DRIVE,AMES,IA 50020(515)-233-6300 FOR RECORDER USE ONLY MAP OF EASEMENT PART OF THE EAST 1/2 OF THE NW 1/4 SECTION 15,T-83-N,R-24-W AMES,STORY COUNTY ELECTRICAL EASEMENT DESCRIPTION: oaoBER xoxo EAST LINE PART OF THE EAST HALF OF THE NORTHWEST QUARTER OF SECTION 15,TOWNSHIP 83 NW 1/4 SEC.15-83-24 NORTH,RANGE 24 WEST OF THE 5TH P.M.,STORY COUNTY,IOWA,AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: S 89°S6'20"E BEGINNING AT THE INTERSECTION OF THE NORTH RIGHT-OF-WAY LINE OF HWY#30 AND THE 29.30' EAST LINE OF THE NW 1/4 OF SAID SECTION 15,THENCE SOUTH 84-48'18"WEST,A ------ DISTANCE OF 200.30 FEET ALONG THE NORTH LINE OF THE HIGHWAY#30 RIGHT-OF-WAY; THENCE NORTH 05'06'57"WEST,A DISTANCE OF 30.17 FEET;THENCE SOUTH 84'55'38"WEST,A DISTANCE OF 20.00 FEET;THENCE NORTH 05'19'17"WEST,A �r I LLJ DISTANCE OF 117,80 FEET;THENCE NORTH 84'40'48"EAST,A DISTANCE OF 20.00 FEET, I rn THENCE NORTH 05'19'12"WEST,A DISTANCE OF 18.16 FEET;THENCE X NORTH 84'52'26"EAST,A DISTANCE OF 34.50 FEET;THENCE NORTH 00'35'18"WEST,A i —X icc 0 DISTANCE OF 48.25 FEET;THENCE NORTH 88'52'07"EAST,A DISTANCE OF 150,97 FEET; THENCE NORTH 00`43'16"EAST,A DISTANCE OF 76.43 FEET;THENCE I Lu LJJ SOUTH 89'56'20"EAST,A DISTANCE OF 29.30 FEET TO THE EAST LINE OF THE NW 1/4 OF x I ip Q SAID SECTION 15;THENCE SOUTH 00°03'30"WEST,A DISTANCE OF 278.08 FEETALONG THE EAST LINE OF THE NW 1/4 OF SAID SECTION 15 TO THE POINT OF BEGINNING. I iYT 0 20 40 x W I v tY HORZ. I O BEARINGS SHOWN ARE GRID,IOWA STATE PLANE,NORTH ZONE,SURVEY FOOT. SCALE FEET I I I Z EY x i = LEGEND -------------------------------------X • MONUMENT FOUND N 88°52E07"E 150.97' E 0 O ELECTRIC MANHOLE 1 I Tw"i I. x EI4 ELECTRIC PEDESTAL 1 00- _ x .TRANI ELECTRIC TRANSFORMER 1 m Do X - FENCE LINE I p -- - - - -- - EASEMENT I o E 0 E I IN 84°52'28"E j z - X o N 05*19'12 W 34.50 1 X - X - X 00 1 --I ���`_ -- r- N 84°40'48" E I o 20.00'—�18.16' x I I m1 0 II X I � I I � I I L x I V� �I a E x ELECTRICAL 11 EASEMENT x I ,-4 � li 0) Ln X ZI 1 E- S I I I S 84'55'38"W II A- 20.00' N 05°06'57"W I , A- 30.17'-�ti 5 84*48'18"W 200.30' �_ �— I �� HWV#30R.0.W. �I ` ' -'� POINT OF BEGINNING _ RAIL FOUND ALONG CENTER LINE OF -�— HWY#30 SECTION 15 4�4f MAP OF EASEMENT 3, vlda Eh. —'..'- PART OF THE EAST 1/2 OF NW 1/4 SECTION 1S,T-83-N,R-24-W AMES,STORY COUNTY,IOWA i` EUGENE t SHE, zfP DREYER -= re0 m t 417535 ^1F REG No 1153f 0>Et ` g0 LTO N 1519 BALTIMORE DRIVE 1 A'11 AMES,IOWA50030 *\�� * MY LICENSE RENEWAL DATE IS 11 ANI,�11 & MEN K + � (5151233-6100 OF 1 44r„ „p�� PAGES DR SHEETS COVERED BY THIS SEAL E � iH155NEE� �MN:fN:)OSEt\UetCx�l.....Ven3311 hWG:)!n/)cx0:])nnt d�w3>�.f.Wv W Legal Description: See Pages 3 and 6-9 Return document to: 3550 Beardshear Hall,Iowa State University,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 FIRST AMENDMENT TO EASEMENT FOR ELECTRICAL LINES JACK TRICE WAY This First Amendment to Easement for Electrical Lines is entered into on February 29,2024,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"). 1. Grantor holds title to the following real property located in Story County, Iowa: Northwest '/4 of Section 10, Township 83 North,Range 24 West of the 5'P.M., Story County,Iowa ("Property"). 2. On June 30, 1969, Grantor and Grantee entered into an Easement for Electrical Lines in which Grantor granted Grantee an easement to construct electrical lines across a portion of the Property. A copy of said easement is attached hereto as Exhibit A. 3. Grantor and Grantee agree to modify the Easement for Electrical Lines by adding the additional easement areas depicted in the Easement Plat attached hereto as Exhibit B. 4. Except as specifically modified in this First Amendment to Easement for Electrical Lines, the remaining provisions of the Easement for Electrical Lines remain in full force and effect. Signature page follows on next page 24 SIGNATURE PAGE Grantor and Grantee execute this First Amendment to Easement for Electrical Lines 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 ,2024,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 , 2024,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 ,2024,by Renee Hall and John A. Haila, as City Clerk and Mayor,respectively, of the City of Ames,Iowa. Notary Public My commission expires: 25 EXHIBIT A EASEMENT FOR ELECTRIC LINES The State Board of Regents, for and in consideration of the payment of One Dollar ($1.00) and other considerations as herein contained, hereby grants to the City of ;\mes, Iowa, the right to construct, reconstruct, operate, maintain, repair and remove electric lines, consisting of poles, wires, overhead or under- ground cables, fixtures, anchors, etc., in the locations as herein described .and shown on the plat attached hereto and made a part hereof, over, across and under the property of the State of Iowa used by Iowa State University of Science and Technology, and located in Section 10, Township 83 North, Range 24 West of the 5th P.M., so long as the said City operates and maintains said electric lines after their installation. The right of ingress :and egress is also granted to said City for the purpose of gaining access to said electric lines for construction and maintenance purposes. The foregoing rights are granted upon the following express conditions, the breach of a►ny of which will give the State Board of Regents the right and power to re-enter; (1) that the electric lines shall be constructed in the following described locations; A parcel of land centered on and 15 feet either side of a line extending from a point 203 feet North of the Southwest corner of the NW 1/4, Section 10, Easterly to a point 220 feet West and 205 feet North of the center of Section 10; thence from a point 270 feet West and 205 feat North of the center of Section 10, Northeasterly to a point 480 feet North of the center of Section 10. Also a parcel of land, from a point 310 feet West and 135 feet North of the center of Section 10; thence East 90 feet; thence North 35 feet; thence West 90 feet; thence South 35 .feet to the point of beginning. Excluding street R.O.W. all in Section 10, Township 83 North, Ringo 24 West of the 5th Y.M., Story County, Iowa. (2) That in the construction of said electric lines, the said City and/car its contractors shall not occupy or use more land than is reasonably necessary For such construction operations; 26 - 2 - (3) That the said City shall construct, operate and maintain said electric lines in a manner consistent with normal and accepted practices of the industry; (4) That upon completion of said construction the said City shall replace or restore to the satisfaction of the Iowa State Univer- sity any and all damage to the property of said State of Iowa which shall be occasioned by the construction, maintenance or o operation of said electric lines through the premises :above described; (5) That said City will protect, indemnify and save harmless the ;state of Iowa, the State Board of Regents and Iowa Stags Univer- sity from any and all claims, demands, judgments, loss, cost or expense for injury to or death of persons or damage to property of any person whomsoever (including employees and representa- s , tives,of both parties, hereto) in any manner arising from or growing out of the negligence of the said City, its agents, servants or employees, in the construction, maintenance, repair, existence, use or removal of said electric lines herein permitted; (6) The said City shall not transfer or assign this easement or any interest or right therein without the written consent of the grantor, nor shall the consent of the grantor to such aassignoaent be construed to give the assignee any other or greater or diffe- rent rights than those hereby given to said City; (7) That none of the cost of constructing, reconstructing, operating, maintaining or repairing said electric lines shall be charged or assessed against adjacent property of the State Board of Regents, Iowa State University of Science and Technology or the State of Iowa; 27 3 - (8) In the event the said City or any assignee thereof discontinues the operation and maintenance of said electric lines, this ease- ment eh•,ill terminate, and said City or assignee shall, if requested by said Board, remove its electric lines and-appurtenances from the locutions hereinbefore described. IN WITNESS WHERXOF, the parties hereto have hereunto affixed their respec- tive signatures on this day of c ri_�= , 1969, to triplicate originals by their appropriate officers . o are authorized to execute this in- strument. STATE BOARD OF REGENTS CITY OF AMS ST.kTB OF IOWA IOWA ay 11,• IDS ua. e By Executive Secretary ' Mayor EXECUTIVE COUNCIL ATTEST: STATE OP IOw By BY � 1 J De ty Seas ry tity Clerk 28 LJNCOLN VQAY r ! � I 9 j - I I ( i W i T � " J 4i _.-gin• � � W 2 i j i GES�NA , --s <.,.. - . --- - — 270' I ! ! iQ Ii 1 i �LECTF? 1C UT11.1 �T ' EAS MEN 1- A PAKCE-L OF LAND CEN—rERED ON 4\NL7 / F-,EE'-r zE17-H-EA: —S7/0- �)F- A L/NE- z:�-X7-�L-NO//UG /---A A POINT 205 FEET NO. OF THE SL-) COR, of T�� �N W Gr C. 10 , FASTER LY TO A F"�►N r zzo >=EE T- wE�•T ANo 2a �E NO, OF THE CENTER of SEC, IC, THENCE F-ROM A PuIWT 2-70FEET' WF_.ST AND 206- FEi-T P.O. C-F THE CENTER. OF --2� 1�: N )RTHEA ,r- TO A POINT 490 rEET NO. �r THE �Er;TEF? JF" SEC• 1(D . AL�J A P/1KCEL GF LAND Fn 1 A PO/N7- ?IU FE=�T i^✓�: 1 At L1� /��- F=_. . . T OF THE CE►-1-reR O;- JE.r %0 �7--il' CE E ij,-T %'a r eE-r, THL N!7c- f^1 7 L-ET r;Y1E7VCE A ES 7- /1 �r� ' ) 7-Ht nJC F = �-.�T 1' ��` FE:�::7 THE P+�lNT dF C3E lnJNINC L-�,�L'I1�.1• . `� ._ _ r r?O,i,}, AL_ !n1 Sc _ , G 7- ' .iN�H)P FZ N R TI-I , SAP! _-, 7_ � ✓� T- 1F fr -F_: 5` H PM, 5TK7•Y CG(J!\J T Y T_O�VA . 20 MAY ly6y D,c.S. CITY 3F• AMES T/?iC U ? TY 29 INDEX LEGEND SURVEYOR'S NAME / RETURN TO: ERIC MILLER EXHIBIT B SNYDER & ASSOCIATES, INC. 2727 SW SNYDER BOULEVARD ANKENY, IOWA 50023 515-964-2020 EMILLER@SNYDER-ASSOCIATES.COM SERVICE PROVIDED BY: SNYDER & ASSOCIATES, INC. SURVEY LOCATED: NW 1/4 SECTION 10-T83-R23 REQUESTED BY: IOWA STATE UNIVERSITY EASEMENT PLAT EASEMENT DESCRIPTIONS EASEMENT AREA (a) A PART OF THE NORTHWEST 1/4 OF SECTION 10, TOWNSHIP 83 NORTH, RANGE 24 WEST OF THE 5TH P.M., STORY COUNTY, IOWA AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE WEST 1/4 CORNER OF SAID SECTION 10; THENCE NORTH 00029'25" WEST ALONG THE WEST LINE OF SAID NORTHWEST 1/4, A DISTANCE OF 210.00 FEET TO THE NORTH LINE OF AN EXISTING ELECTRIC UTILITY EASEMENT DATED MAY 20TH, 1969; THENCE NORTH 89°09'20" EAST ALONG SAID NORTH LINE, 736.87 FEET TO THE POINT OF BEGINNING; THENCE NORTH 0°50'40" WEST, 12.00 FEET; THENCE NORTH 89°09'20" EAST, 925.00 FEET; THENCE SOUTH 0°50'40" EAST, 12.00 FEET TO SAID NORTH LINE; THENCE SOUTH 89'09'20" WEST ALONG SAID NORTH LINE, 925.00 FEET TO THE POINT OF BEGINNING AND CONTAINING 0.25 ACRES (11,100 S.F.). EASEMENT AREA (b) A PART OF THE NORTHWEST 1/4 OF SECTION 10, TOWNSHIP 83 NORTH, RANGE 24 WEST OF THE 5TH P.M., STORY COUNTY, IOWA AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE WEST 1/4 CORNER OF SAID SECTION 10; THENCE NORTH 0029'25" WEST ALONG THE WEST LINE OF SAID NORTHWEST 1/4, A DISTANCE OF 190.00 FEET TO THE SOUTH LINE OF AN EXISTING ELECTRIC UTILITY EASEMENT DATED MAY 20TH, 1969; THENCE NORTH 89°09'20" EAST ALONG SAID SOUTH LINE, 1,597.99 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING NORTH 89°09'20" EAST ALONG SAID SOUTH LINE, 21.00 FEET; THENCE SOUTH 0'18'53" EAST, 23.00 FEET; THENCE SOUTH 89°09'20" WEST, 21.00 FEET; THENCE NORTH 0°18'53" WEST TO THE POINT OF BEGINNING AND CONTAINING 0.01 ACRES (483 S.F.). EASEMENT AREA (c) A PART OF THE NORTHWEST 1/4 OF SECTION 10, TOWNSHIP 83 NORTH, RANGE 24 WEST OF THE 5TH P.M., STORY COUNTY, IOWA AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE WEST 1/4 CORNER OF SAID SECTION 10; THENCE NORTH 0029'25" WEST ALONG THE WEST LINE OF SAID NORTHWEST 1/4, A DISTANCE OF 140.00 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING NORTH 0°29'25" WEST ALONG SAID WEST LINE, 50.00 FEET TO THE SOUTH LINE .OF AN EXISTING ELECTRIC UTILITY EASEMENT DATED MAY 20TH, 1969; THENCE NORTH 89'09'20" EAST ALONG SAID SOUTH LINE, 80.00 FEET; THENCE SOUTH 0°29'25" EAST, 50.00 FEET; THENCE SOUTH 89009'20" WEST, 80.00 FEET TO THE POINT OF BEGINNING AND CONTAINING 0.09 ACRES (4,000 S.F.). DATE OF SURVEY OWNER BASIS OF BEARING 09-03-2021 IOWA STATE UNIVERSITY THE WEST LINE OF THE NORTHWEST 1/4 SECTION 10, TOWNSHIP 83 NORTH, LEGEND NORTHRANGE 23 WEST I ASSUMED TO BEAR 00°29 25" WEST. Survey Found Set I hereby certify that this land surveying document was prepared and the related survey work was Section Corner ♦ performed by me or under my direct personal 1/2" Rebar, Orange Plastic Cap U19515 40 Q supervision and that I am a duly licensed g51oNAL Pr sional Land Surveyor under the laws of the (Unless Otherwise Noted) &4 YY)ROW W Rail = Q�oFE CgNo F�/99//��e��''o77f��1-�oyva�/ ✓• .2-1-)2 Calculated Point + ° mP Platted Distance P ? ERIC J. m Eric J.Miller,PLS Date Measured Bearing & Distance M MILLER o Recorded As R z License Number 19515 Deed Distance D 19515 My License Renewal Date is December 31,2022 Calculated Distance C Centerline /OWN �c Pages or sheets covered by this seal: Section Line Sheets 1 &2 Of 2 1/4 Section Line 1/4 1/4 Section Line — Easement Line — ------- SOUTH 4TH ST. EASEMENT AMMENDMENT SHEET 1 OF 2 PN: 1210853 EASEMENT PLAT FLDBK:1252APG: 1 SNYDER 2727 S.W.SNYDER BLVD. DATE: 02/01/2022 &ASSOCIATES ANKENY, IA 50023(515)964-20206 1 PM/TECH: EJM/AJD V88Wliww.ighIPDF.PItc V:\Projects\2021\121.0053.01\CADD\1210653—EsmtEshLil.dgn 1AWLLrary\CPDDSIandards\Workspace\Slandmds\Printing\Pen—To61es\dole.lhl 2/V2012 0030_EXFT adov .rt 30 EASEMENT PLAT NW COR, SW1/4, NE1/4 SECTION 10-83-24 FND 1/2'' SMOOTH BAR CTR SECTION 10-83-24 CORNER CERTIFICATE FND SPIKE INSTRUMENT NUMBER CORNER CERTIFICATE 2013-00014487 INSTRUMENT NUMBER /A _ N00°33'29"W 1311.25 2013-00014488_ _ _ ti _ UNIVERSITY AVE I SO°50'40"E 12.0 ' S00°78'53"E 23.00' EASEMENT AREA(b) 0.01 AC (483 S.F.) S89°09'20"W 21.00' N89°09'20"E 21.00' N00°18'53"W 23.00' POINT OF BEGINNING (b) EASEMENT AREA(a) 0.25 AC (11,100 S.F.) LINE DIMENSIONS L1 NO°29'25"W 140.00' N _ L2 NO°29'25"W 50.00' L3 N89°09'20"E 80.00' L4 SO°29'25"E 50.00' L5 S89°09'20"W 80.00' z rn a N i O O N N 0 W 0 N N Oco WI 7 z 3 & z co coW z Z J I H NO°50'40"W 12.00' o POINT OF BEGINNING (a) EXSITING 30 'ELECTRIC UTILITY EASEMENT DATED MAY 20, 1969 z EASEMENT AREA(c) W 1/4 COR 0.09 AC (4,000 S.F.) POINT of SECTION 10-83-24 BEGINNING (c) SET CUT X' INSTRUMENT NUMBER n L1 2021-13162 - BEACH AVE - 190.00. - - 210.00' N00°29'25"W 2639.39 U) Z Q 0 300 NW COR Z rn SECTION 10-83-24 cn FND CUT X' uJ INSTRUMENT NUMBER U 2021-13163 SCALE (FEET) SOUTH 4TH ST. EASEMENT AMMENDMENT SHEET 2 OF 2 EASEMENT PLAT PN: 1210853 FLD BK:1252A PG: 1 S N Y D E R 2727 S.W.SNYDER BLVD. DATE: 02/01/2022 &ASSOCIATES ANKENY, IA 50023(515)964-2020 PM/TECH: EJM/AJD . s V8iBWHaIIWeightPDFpltclg V:\Projects\2021\121.0853.01\CARD\1210853_EsmtExhibit dg VARelLibrary\CADDStO d,,ds\WorkSpace\Standards\Printing\Pen_Tables\dale.tbl 2/l/20 g2 3 1 0030—EXFT adove,d Legal Description: See pages 6-8 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 TRANSMISSION AND DISTRIBUTION UTILITY EASEMENT AGREEMENT HIGHWAY 30 This Electric Transmission and Distribution Utility Easement Agreement("Agreement")is entered into on February 29,2024("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("Property"). B. Grantee desires to install electric transmission and distribution system components on the Property. Grantor supports Grantee installing the components 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 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"). 2. Use. Grantee shall use the Easement Area for the purpose of constructing, installing, operating, using, maintaining, and repairing electric transmission and distribution system components for overhead electrical lines ("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. Template A: City Equipment To Be Installed(October 2023) 32 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 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 (if any) for restoring the Property and other Grantor property that Grantee uses in connection with 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. 2 33 6. Liabili . 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 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. 3 34 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 4 35 Grantor and Grantee execute this Electric Transmission and 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: 5 36 EXHIBIT 'A' - EASEMENT LEGAL DESCRIPTIONS Page 1 of 2 ELECTRICAL EASEMENT DESCRIPTION -SE 1/4- NW 1/4: THAT PART OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 LYING NORTH OF HIGHWAY#30 IN SECTION 15-83-24, WEST OF THE 5TH PM, CITY OF AMES, STORY COUNTY, IOWA; MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE SOUTHERLY 30 FEET THEREOF. ELECTRICAL EASEMENT DESCRIPTION - NW 1/4- NW 1/4: THAT PART OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 EAST OF UNIVERSITY BOULEVARD IN SECTION 15-83-24, WEST OF THE 5TH PM, CITY OF AMES, STORY COUNTY, IOWA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE WESTERLY 15 FEET OF THE SOUTHERLY 521 FEET THEREOF. NOTE: BEARINGS SHOWN HEREON ARE GRID IOWA STATE PLANES, NORTH ZONE, SURVEY FOOT. Page 2 of 2 ELECTRICAL EASEMENT DESCRIPTION: THAT PART OF THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4 LYING NORTH OF HIGHWAY#30 AND LYING EAST OF UNIVERSITY BOULEVARD IN SECTION 15-83-24, WEST OF THE 5TH PM, CITY OF AMES, STORY COUNTY, IOWA; MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE SOUTHERLY 30 FEET; AND ALSO THE SOUTHWESTERLY 15 FEET THEREOF. NOTE: BEARINGS SHOWN HEREON ARE GRID IOWA STATE PLANES, NORTH ZONE, SURVEY FOOT. 37 MAP OF EASEMENT INDE%LEGEND PART OFT[1E NW 1/4 SECTION 15,T-83-N,R-24-W NW l/O SERIONIS,T4N)-,a-xew,sTORrCOUNTY, I AMES,STORY COUNTY LOCATION NW RCCXWSTOR: CITY OF AMES I PROPRIETOIL• STATE OF IOWA SURVEYOR: EUGE4E DREYER.P.LS A 17235 — LLI SURWYOPCOMPANY: DOLTON A ME4K INC v `Q RETURN TO: RIGENE GREYER,BOLTON i MENK INC IS19 BALTIMORE V) OREM AMES,UI SOD101S1S1•733.610D I w \ LLJ Z c'aPE_LF pus LN; LEGEND: 1 1 1 • MONUMENTFOUNp - - - X FENCE LINE \�- 15`ELECTRICAL EASEMENT - I EASEMENT + I I I NW 114OFTHE NW 1/4OFSECTION 1"3-24 I I I I kU,LIM LALEAS VLN::)bCRIP1IO% 5F 1/4 NW 1/4' INATPWITLV TNESOUINEASII/4OI MENORTHWEST V4LYPIGNOELTH OFNIGNWAY 11301H SECTION 1S2324,WESTOF THE STH PM,CITY OF /y \ SE 1/4 OF THE NW 1/4 OF SF1'iION IS-83-24 AMES,ST01N COUNTY,IOWA.MORE PARTICULARLY DE5CMIED AS �/1 FOLLOWS. THE SOUTIERLY30 FEET THEREOF _ ElECrR.CALFASEMEMOESCAWMN-NWI/4.NW1/4: THAT PART OF THE NORTHWEST 114 OF THE NORTHWEST IN FAST OF '#� 30'ELECRTICAL EASEMENT ---- ---'1 UNAIMITY BOULEVARD IN SECTION lSJl-ls,WEST OF THE STH FM,CITY OF AMES,STORY COUNTY,IOIN&MORE PARTICULARLY DESCRIBED AS FELLOWS: THE WESTERLY IS INC OF THE SOUTHERLY 521 FEEl THEREOF NOTE:BEARINGS SHOWN HEREON ARE GRID IOWASTATE PLANES, NOR 7H ZONE.SURVEY FOOT. I HIGHWAY 430 T;r:y n,uTYIhaITM 1�M�m�.`rY Ooti-^�;m<.I I MAP OF EASEMENT `I,r,Irl"�II,rI ,Ir Fn'n ,,,,IM tl,ill s4./ boy PAR1 OF THE NW 1/4 SECTION 15,T-83-N, R-24-W AMES,STORY COUNTY,IOWA EO EULCNE y �1 OBEYER - I u S a� A17S35 ___ WIl O 125 2W / -' DAB/ BOLTON �;IA4 ONAsro10 r 1 -., -`� �` uTVCLTMPTNLTVAIMTEIS 1III OAT M E N K a IIORz. z 1 SCALE FEtT '4In �N r,.cr+a 5li[ETS COYEROnnRI STM 15 2 51 2 33-EIOO 3 SHITIS I A3 n.INAf415iIRNr1[iWAF1H9�1 v_Wt is pV.-.IYIYAi'J 14_T Ia1 an�r,��LLOM 38 MAP OF EASEMENT PART OF THE NW IA SECTION 15,T-83-N,R-24-W AMES,STORY COUNTY ov°eu 10F° W Q UJ > FOR RECOR DER USE ONLY LEGEND: z --- - - EASEMENT \ ELECTRICAL EASEMENT DESCRIPTION: \\\� 15'ELECTRICAL EASEMENT THAT PART OF THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4 LYING NORTH OF HIGHWAY ON AND LYING EAST OF \ UNIVERSITY BOULEVARD IN SECTION COUNTY, I W A; O SW 1/4 OF THE NW 1/4 OF SECTION 15-83-24 THE STH PM,CITY OF AMES,STORY COUNTY,IOWA;MORE \\ PARTICULARLY DESCRIBED AS FOLLOWS: THE SOUTHERLY 30 FEET,AND ALSO THE SOUTHWESTERLY 15 FEET THEREOF. •rj� \ NOTE: BEARINGS SHOWN HEREON ARE GRID IOWA STATE PLANES,NORTH ZONE,SURVEY FOOT. 9q� \\\ -Y_- 30'ELECTRICAL EASEMENT --- ------------------------ ---- HIGHWAY#30 MAP OF EASEMENT t PART OF THE NW 1/4 SECTION 15,T-83-N, R-24-W AMES,STORY COUNTY,IOWA nrtn 125 253T BOLTONRZ. Siq sA m000Rr F HO 1 SCALL F=FT & M E N K (1:51733-6100 }•NWlylwlWl\�OKIOYIW��FYI,IIMiIMIVRAi11rY 39 ❑ S. 4TH STREET EASEMENT AMENDMENT � MORTENSEN RD EASEMENT J e •� a E. OF UNIVERSITY ° . EASEMENT VET MED SUBSTATION EASEMENT HIGHWAY 30 EASEMENT N NO SCALE...,,. Ames Easements From ISU MEI 2/22/24 ELECTRIC SERVICES 40