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Home My WebLink About~Master - Electric Transmission and Distribution Utility Easement Highway 30 from Board of Regents, State of Iowa Instrument p: 2024-01918 04/01/2024 09:43:23 AM Total Pages: 8 EASE EASEMENTS Recording Fee: $ 42.00 Stacie Herridge, Recorder , Story County Iowa mill I� i, I'M N,Ikl�+ ii � firil�IN ELM 11111 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 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 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) 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 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 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 1 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 I Grantor and Grantee execute this Electric Transmission and Distribution Utility Easement Agreement by their lawfully designated officials as of the date first written above. BOA*OFiRNTS,STATE OF IOWA By ector STATE OF IOWA, COUNTY OF POLK, SS.: This instrument was acknowledged before me on. I Ar(A by Mark Braun as Executive Director of the Board of Regents, State of Iowa. STEPHANIE GRIFFIN tj *W Commission Number 817091 Notary Tublic NY4 2 02ee My Commission expires: Mav 2Lj-Z0zr.-7 CITY OF AMES,IOWA a Passed and approved on �' Q by Resolution No. ' Q adopted by the City Council of Ames,Iowa. At c BAJohnA. epee Hall,City Clerk la, Mayor STATE OF IOWA, COUNTY OF STORY, SS.: This instrument was acknowledged before me on �Ati1, 1, 2-02-4 by Renee Hall and John A. Haila, as City Clerk and Mayor, respectively, of the City of Ames,Iowa. (N�� n CARLY M.WATSON Ota Ibl C T.Commission Number•29444 y commission expires: (li- �3—2,� MY�ommres+on Expires Ow �' l 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. { 1 ^' 1 { 1 1 1 I � 11 1 � 1 r { 1 O W � I uj p { W W 1 � In "^ i m Z a ui 3 { � R a W { = O Q i c G 3 2 oZ19 Z E-+N �W w� N sE W a o z rr'0 oz g o ; • a LAJ RY LU VQW} d 4 S /�*Oo 6= t I ,R5 3AV A ISHAINn ta N Q f z gi W trip $ 0g { 1 MMM�IW W11M Wyr'w�WM� i t ! r Y O f ! ! � t t « ! t i t R ! ! m t � a � i � d t C p n I u Q LW t 1 � w 1! LW 3 � t U3 n t N U ! 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