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Home My WebLink About~Master - Electric Distribution Utility Easement Vet Med Substation from Board of Regents, State of Iowa Instrument 0: 2024-01917 04/01/2024 09:43:23 AM Total Pages: 6 EASE EASEMENTS Recording Fee: $$ 32.00 Stacie Herridge, Recorder , Story County Iowa ■III Ell "K11 W MW VP Wh tl II1 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) 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. 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 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 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 Grantor and Grantee execute this Electric Distribution Utility Easement Agreement by their lawfully designated officials as of the date first written above. BOARD VENTS, TE OF IOWA ByME STATE OF IOWA, COUNTY OF POLK, SS.: This instrument was acknowledged before me on a rr,� Z 0 2 by Mark Braun as Executive Director of the Board of Regents, State of Iowa. STEPHANIE GRIFFIN h ConvnMion Number 817091 Notary Public '� My Commission F.om My Commission expires: �f�j LO 2 S ftY 22,2025 CITY OF AMES,IOWA Passed and approved on 61 by Resolution No. adopted by the City Council of Ames,Iowa. Attest: _ By: /' & ::�)k Renee I fall.City Clerk John A. Haila,Mayor STATE OF IOWA, COUNTY OF STORY, SS.: This instrument was acknowledged before me on 2.� , 201,E by Renee Hall and John A. 1-laila,as City Clerk and Mayor. respectively.of the 'ity of Ames,Iowa. l i l CARLY M.WA'" (Notc �CorrwsionNumb• $1Ayyion expires: OIL- 13 —21 -w UR1rCa�xnleNon E. ._ 0i-13-2'1 4 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' 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 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 NDEXLEGEND LOCATION EAST HA,�OF THE NW 114 SECTION 1S,T-R3 N,R-24-W, AM S,STORYCOUNTY,IOWA PEOUESTOR CITY OF AMES PROPRIETOR: STATE OF IOWA SURVEYOR: EUGE NE DREYE R.P L 5 r 17S7S SURVEYOR COM°ANY: BOLTON 5 MENK,INC RETURN TO ELGENEDREYER,BOLTON B MENK,INC IS1984LTIMORE DRIVE AMES IA5D01D(515)-233-6300 FOR RECORDER USE ONLY MAP OF EASEMENT PART OF THE EAST 1/2 OF THE NW U4 SECTION 15,T-83-N,R-24-W AMES,STORY COUNTY ELECTRICAL EASEMENT DESCRIPTION: o�oeEA�o�o 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°56'20"E BEGINNING AT THE INTERSECTION OF THE NORTH RIGHT-OF-WAY LINE OF HWY 430 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 430 RIGHT-OF-WAY; I 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 OS'19'17"WEST,A w DISTANCE OF 117,80 FEET;THENCE NORTH 84'40'48"EAST,A DISTANCE OF 20,00 FEET; I in > THENCE NORTH 05'19'12"WEST,A DISTANCE OF 18.16 FEET;THENCE __X X i cc NORTH 84'52'28"EAST,A DISTANCE OF 34.50 FEET;THENCE NORTH DO"35'18"WEST,A I n Q DISTANCE OF 48,25 FEET;THENCE NORTH 88'52'07"EAST,A DISTANCE OF 150.97 FEET; I I w I W 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 114 OF X I %0 SAID SECTION 15;THENCE SOUTH 00°03'30"WEST,A DISTANCE OF 278.08 FEET ALONG THE 1 i14 n V) EAST LINE OF THE NW 1/4 OF SAID SECTION 15 TO THE POINT OF BEGINNING. 0 20 a0 X 1 0 ! LL Holtz. I I > BEARINGS SHOWN ARE GRID,IOWA STATE PLANE,NORTH ZONE,SURVEY FOOT. SCAU FEET ( I I Z I LEGEND I -------x- • MONUMENT FOUND i N 88°52 07"E 150.97' N ELECTRIC MANHOLE x TRAR,I E; ELECTRIC PEDESTAL X ---- ,� uD TRAMI ELECTRIC TRANSFORMER I m 00 X --- - FENCE LINE I o v -- -- - - -- - EASEMENT I 0 {) N 84°52'28' E oO l X — o N 05°19'12"W- 34.50 f�(_- X 0000 N 84°40'48" E VI X o 20.00'��_ n X � i ` o �— I X I O0 ELECTRICAL 0 l �I I ; EASEMENT .I ; I X I I Q+ I f 11 rl X 0 1 ZI I E- i I I S 84°55'38"W II y A- 20. 00, I � X N 05°06'57"W— I 1 }` 30.17' 5 84°48'18"W 200.30' HWY 430 R.D.W. =--- POINT OF BEGINNING �--"-" RAIL FOUND ALONG l— CENTER LINE OF -.r HWY#30 SECTION 15 MAP OF EASEMENT F• ±err rorw4 .f a.•re•sssr+ My .Mn rvFti IMIFwI / 'r•�u�r PART OF THE EAST 1/2 OF NW 1/4 SECTION 15,T-83-N,R•24-W AMES,STORY COUNTY,IOWA E �/ [uc[a! fDaFYEr � rnr sr \ ! 1 al7535 qr N46 w 1t]IS Daryl IS19 BALTIMORE DRIVE O1 BOLTON AMES,IW OA 50010 1 *[«�►* r-411 q"[w"all IF & MENK 15151 233-6100 F\�[Sa 1FFf'3(pVlalO rY TKS 41+ f -.ui frFi u"u n..mnnuo.<usua:"�..vi N..v%ncle,nn.H