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Home My WebLink About~Master - Electric Distribution Utility Easement Mortensen Road from Board of Regents, State of Iowa Instrument 0: 2024-01916 04/01/2024 09:43:23 AM Total Pages: 6 EASE EASEMENTS 32,00 Recording Fee: County Iowa Stacie Herridge, ec AliderI Story ' ■III W& i'�,KII ��hit, 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 l. 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) 3. Access; Disruption. Grantee's entrance upon Grantor's Property to access the Easement Area shall be over reasonable routes designated by Grantor. When using the Easement Area, Grantee shall minimize disruption to Grantor's operations on the Property and on adjacent Grantor property. 4. Maintenance and Repair. As between Grantor and Grantee,Grantee shall be solely responsible for maintaining and repairing the Grantee Components. 5. Liability. a. Damage to Grantor Property. Grantee shall promptly notify Grantor of any damage caused by Grantee to the Easement Area, Property,or other real or personal property of Grantor.At Grantor's request,Grantee shall repair or replace the property damaged by Grantee, reimburse Grantor for reasonable, documented expenses incurred by Grantor to repair or replace the property damaged by Grantee,or compensate Grantor for the loss of the property damaged by Grantee. Notwithstanding the foregoing,the parties shall mutually agree upon the most cost-effective and timely manner to fully repair the damage caused by Grantee. b. Third Party Claims. To the extent permitted by Chapter 670 of the Iowa Code and other applicable law, Grantee shall indemnify and hold harmless Iowa State University of Science and Technology,the Board of Regents—State of Iowa,the State of Iowa and their respective officers,employees and agents harmless from any claims, liabilities,damages,fines,and expenses arising from the Grantee Components,use of the Easement Area by Grantee,or from any tort(as defined in Chapter 670 of the Iowa Code)arising from the acts or omissions of Grantee or its officers or employees. C. Insurance. Grantee shall maintain appropriate insurance coverage or self-insure for liabilities that may arise from its activities set forth in this Agreement. d. Liens. The Property shall not be subjected to liens of any nature by reason of Grantee's activities, including,but not limited to,mechanic's and materialman's liens. Grantee has no power,right, or authority to subject the Property to any mechanic's or materialman's lien or claim of lien. 6. Consideration. Grantee's use of the Grantee Components to provide electrical services to Grantor is the consideration for Grantor's grant of this easement to Grantee. 7. Rights Reserved. Grantor may use the Easement Area for any purpose that does not interfere with Grantee's rights granted in this Agreement. 8. Relocation. Grantor may require Grantee to relocate the Easement Area. If Grantor desires for the Easement Area to be relocated, Grantor shall notify Grantee. Grantor and Grantee 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 Grantor and Grantee execute this Electric Distribution Utility Easement Agreement by their lawfully designated officials as of the date first written above. BOARD OF 12E ' 'NTS,STATE OF IOWA By -A Ma qr&TI Exec6five Director STATE OF IOWA,COUNTY OF POLK, SS.: ,,II This instrument was acknowledged before me on M18J-M 71 2DZ by Mark Braun as Executive Director of the Board of Regents, State of Iowa. in STEPHANIE GRIFFIN On Number 817091 Notary ublic MYZCmWilesionEspkes My Commission expires: ZZ 2OZ� y 22,CITY OF AMES,IOWA Passed and approved on 0?1 }"�Q 0�4 by Resolution No. 924 - LO I T adopted by the City Council of Ames,Iowa. At By: R nee I lall, 'ity Clerk John A. Haila,Mayor STATE OF IOWA,COUNTY OF STORY, SS.: This instrument was acknowledged before me on F8?W61ru_ 2'1, 2 2'4 by Renee Hall and John A. Haila,as City Clerk and Mayor,respectively, of the Aity of Ames,Iowa. y CARLY M.WATSON of u I i c �j Commb m Number pines My come ssion expires: Cd- 15-Zrl r CoCommission Expires 01- i3- 4 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. �p��11111M111y// I TiY i�� C9�• C.D•' t'O�J)Q �'f� P �+° ///blllllllll�� ,I.. d mma►n I 3n18a Nava 3uM,r1 Yn>''GYdll�/ i I slllH AdM31V`J D u/" ,��I 3 Z� a o I I ofi C, ofi of N oli �s Y5 ry II I I VS'6 N�Ko E N I � y _ 3 W I I I I w�rt_ Ny 9 �uf Ei 2 �FrW i I I a gs°z€ 4 :E �� I 'd �� iiP a oWw� I I ell I w CV ? 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