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HomeMy WebLinkAboutA001 - Council Action Form dated September 10, 2024 ITEM#: 15 DATE: 09-10-24 DEPT: ELEC COUNCIL ACTION FORM SUBJECT: ELECTRICAL EASEMENT - CYTOWN DEVELOPMENT AREA, PHASE II BACKGROUND: On May 14, 2024, the City Council approved an Electrical Easement with Iowa State University for the CYTown Development Area, Phase I (Resolution #24-271). An additional Electrical Easement is required for the CYTown Development Area, Phase II. The Electric Services Department will provide electric service to the Phase II area of the development. ISU staff has prepared an Electrical Easement using agreed upon language from the previous easement approved for Phase I. The Electrical Easement for the CYTown Development Area, Phase II has been submitted to the Iowa State Board of Regents and is expected to be approved at the September 19, 2024 meeting. This action is to approve the Electrical Easement for the CYTown Development Area, Phase II. ALTERNATIVES: 1. Approve the Electrical Easement with Iowa State University for the CYTown Development Area, Phase II. 2. Do not approve the Electrical Easement and direct staff to negotiate new easement language with ISU staff. CITY MANAGER'S RECOMMENDED ACTION: The CYTown project has been designed to receive electric service from Ames Electric Services Department. Establishing this easement 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): Easement City of Ames_Electical_CYTown Phase II 20240828.pdf 1 Legal Description: See Exhibit B—Page 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 CYTOWN DEVELOPMENT AREA—PHASE II This Electric Distribution Utility Easement Agreement("Agreement")is entered into on September 19, 2024 ("Effective Date") by the Board of Regents, State of Iowa for the use and benefit of Iowa State University of Science and Technology("Grantor") and the City of Ames,Iowa("Grantee"). A. The State of Iowa holds title to the certain real property locally known as the CYTown Development Area located in Story County,Iowa for the use and benefit of Iowa State University of Science and Technology under the jurisdiction of the Board of Regents, State of Iowa as depicted in Exhibit A,which is attached and made part of this Agreement, and legally described in Exhibit A("Property"). B. On June 13,2024,Grantor and Grantee entered into an Electric Distribution Utility Easement(recorded as Instrument Number 2024-04559)in connection with the installation and operation of electric distribution system components on the Property. Grantee subsequently installed additional electric distribution system components on the Property. Grantor supports the additional components remaining on the Property and is willing to grant Grantee a second electrical easement across the Property in accordance with the terms of this Agreement. C. Grantor acknowledges that Grantee may be installing additional electrical components on the Property to provide electrical services to the Property,which will require Grantor to grant to Grantee additional easements. Grantor has a continuing obligation to provide Grantee with easements for such additional electric distribution components at no cost to the Grantee. Template B: City Equipment Already Installed(October 2023) 2 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 B and made part of this Agreement,and legally described in Exhibit B ("Easement Area"). 2. Use. Grantee shall use the Easement Area for the purpose of operating,using, maintaining, and repairing electric distribution system components ("Grantee Components")to provide electrical services to Grantor and others. Grantee must obtain Grantor's prior written approval for any other use of the Easement Area. As the electric distribution system is designed and installed upon the Property, Grantor will timely provide to Grantee the easements needed at no additional cost to Grantee. Grantor shall be responsible for the preparation and cost of any required Plats of Easement and legal descriptions required. Said easements shall be memorialized using the easement template approved by Grantor and Grantee staff on October 26, 2023,unless Grantor and Grantee mutually agree otherwise. 3. Access; Disruption. Grantee's entrance upon Grantor's Property to access the Easement Area shall be over reasonable routes designated by Grantor. When using the Easement Area, Grantee shall minimize disruption to Grantor's operations on the Property and on adjacent Grantor property. 4. Maintenance and Repair. As between Grantor and Grantee, Grantee shall be solely responsible for maintaining and repairing the Grantee Components. 5. Liability. a. Damage to Grantor Property. Grantee shall promptly notify Grantor of any damage caused by Grantee to the Easement Area,Property, or other real or personal property of Grantor.At Grantor's request,Grantee shall repair or replace the property damaged by Grantee, reimburse Grantor for reasonable, documented expenses incurred by Grantor to repair or replace the property damaged by Grantee,or compensate Grantor for the loss of the property damaged by Grantee. Notwithstanding the foregoing,the parties shall mutually agree upon the most cost-effective and timely manner to fully repair the damage caused by Grantee. b. Third Party Claims. To the extent permitted by Chapter 670 of the Iowa Code and other applicable law, Grantee shall indemnify and hold harmless Iowa State University of Science and Technology,the Board of Regents—State of Iowa,the State of Iowa and their respective officers,employees and agents harmless from any claims, liabilities,damages,fines,and expenses arising from the Grantee Components,use of the Easement Area by Grantee,or from any tort(as defined in Chapter 670 of the Iowa Code) arising from the acts or omissions of Grantee or its officers or employees. c. Insurance. Grantee shall maintain appropriate insurance coverage or self-insure for liabilities that may arise from its activities set forth in this Agreement. d. Liens. The Property shall not be subjected to liens of any nature by reason of Grantee's activities, including,but not limited to,mechanic's and materialman's liens. Grantee has no power,right,or authority to subject the Property to any mechanic's or materialman's lien or claim of lien. 6. Consideration. Grantee's use of the Grantee Components to provide electrical services to Grantor is the consideration for Grantor's grant of this easement to Grantee. 2 3 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. 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 4 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 5 CYTOWN DEVELOPMENT AREA PROPERTY DESCRIPTION: A PART OF THE NORTHWEST 1/4 OF SECTION 10, TOWNSHIP 83 NORTH, RANGE 24 WEST OF THE 5TH P.M., CITY OF AMES, STORY COUNTY,IOWA AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 10; THENCE SOUTH 00°29'25" EAST ALONG THE WEST LINE OF SAID NORTHWEST 1/4, A DISTANCE OF 75.00 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF LINCOLN WAY; THENCE NORTH 89°17' 01" EAST ALONG SAID SOUTH RIGHT-OF-WAY LINE, 33.00 FEET TO THE EAST RIGHT-OF-WAY LINE OF BEACH AVENUE AND TO THE POINT OF BEGINNING;THENCE NORTH 89°17'01"EAST ALONG SAID SOUTH RIGHT-OF-WAY LINE, 1,493.03 FEET TO THE WEST RIGHT-OF-WAY LINE OF UNIVERSITY BOULEVARD; THENCE SOUTH 52°36'24" EAST ALONG SAID WEST RIGHT-OF-WAY LINE, 90.95 FEET ; THENCE SOUTHEASTERLY ALONG SAID WEST RIGHT-OF-WAY LINE AND ALONG A CURVE CONCAVE EASTERLY WHOSE RADIUS IS 2,371.83 FEET, WHOSE ARC LENGTH IS 537.80 FEET AND WHOSE CHORD BEARS SOUTH 09°31'49" EAST, 536.65 FEET;THENCE SOUTH 16°01'34" EAST CONTINUING ALONG SAID WEST RIGHT-OF-WAY LINE, 394.64 FEET; THENCE SOUTHERLY CONTINUING ALONG SAID WEST RIGHT-OF-WAY LINE AND ALONG A CURVE CONCAVE WESTERLY WHOSE RADIUS IS 1,829.86 FEET,WHOSE ARC LENGTH IS 487.64 FEET AND WHOSE CHORD BEARS SOUTH 08°23'30" EAST, 486.20 FEET; THENCE SOUTH 00°45'26" EAST CONTINUING ALONG SAID WEST RIGHT-OF-WAY LINE, 474.60 FEET; THENCE SOUTH 89°14'34" WEST CONTINUING ALONG SAID WEST RIGHT-OF-WAY LINE, 10.00 FEET; THENCE SOUTH 00°45'26" EAST CONTINUING ALONG SAID WEST RIGHT-OF-WAY LINE, 319.24 FEET; THENCE SOUTH 89°21'08" WEST, 1,814.81 FEET TO SAID EAST RIGHT-OF-WAY LINE OF BEACH AVENUE;THENCE NORTH 0°29'25"WEST ALONG SAID EAST RIGHT-OF-WAY LINE,2,238.60 FEET TO THE POINT OF BEGINNING AND CONTAINING 89.20 ACRES(3,885,520 S.F.). PROPERTY SUBJECT TO ANY AND ALL EASEMENTS OF RECORD. N 1/4 Corner Sec. 10 83-24 NW Corner Fnd Cut "X" Sec. 10-83-24 Corner Cert. Fnd Cut X' Inst No. Corner Cert 96-00365 Inst. No. 2008-00011771 LINCOLN WAY N 89° 17' 01" E 2,626.44' S00°29'25' E 75.00' 75.00' 1/2 ROW M&R I� -"-Z - N 890 17' 01'' E 1,493.03' a N89'17'01'E 33.00' � S 520 36 24 � E Point of 90 95' Beginning l � SEG NwC�40Ng 1�24 SE I S16001'34''E 0 394.64' 1p 00 CYTOWN W N DEVELOPMENT AREA Znj 89.20 AC W (3,885,520 SF) N ¢O - — - --� Ln =- N � rn Qo N Q W� rn CD CD0° SO°45'26' E > 4 CD 474.60' ?L'iQ SEC 40 g3-2- z O > SE m � o SW114,Ng31�24 S89014'34"W F SEC 10 10.00, w S 0045'26'' E z 319.24' S 890 21' 08'' W 1,814.81' JACK TRICE WAY - - �W 1/4 Corner Sec. 10-83-24 DATE OF SURVEY Fnd Cut X' Corner Cert. Inst No. 2021-13163 AUGUST 16,2023 CURVE TABLE 0 300 CURVE NO. DELTA RADIUS ARC LENGTH TANGENT CHORD BEARING/DISTANCE C-1 12°59'29"LT 2,371.83' 537.80' 270.06' S9°31'49"E 536.65' C-2 15°16'08"RT 1,829.86' 487.64' 245.27' S8°23'30"E 486.20' SCALE (FEET) CYTOWN DEVELOMENT AREA SHEET 1 OF 1 PN: 1220768 EXHIBIT DRAWING FLD BK:881A PG: 38 S N Y D E R 2727 S.W.SNYDER BLVD. DATE: 12/15/23 &ASSOCIATES ANKENY, IA 50023(515)964-2020 PMITECH: EJM/SDB VBi8WHalfWei h'tPDF.pllcfg V:\Pro'ects\2022\122.0768.01\CADD\EXHBT-1220768_BNDRY.d n V:\Re(Llbrary\CPDDStandards\WorkSpace\Standards\Printing\Pen-Tables\date.tbl EXHIBIT "A" 1 12/19/2023 C Default eri—Iller V INDEX LEGEND SURVEYOR'S NAME/RETURN TO: ERIC J.MILLER SNYDER&ASSOCIATES, INC. 2727 SW SNYDER BOULEVARD ANKENY, IOWA 50023 515-964-2020 ERICMILLER@SNYDER-ASSOCIATES.COM SERVICE PROVIDED BY: SNYDER&ASSOCIATES, INC. SURVEY LOCATED: PT NW1/4 SECTION 10-83-24 REQUESTED BY: IOWA STATE UNIVERSITY EASEMENT PLAT PUBLIC UTILITY EASEMENT DESCRIPTION EASEMENT(A) A PART OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 10,TOWNSHIP 83 NORTH, RANGE 24 WEST OF THE 5TH P.M., CITY OF AMES, STORY COUNTY,IOWA AND DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 10;THENCE SOUTH 89°20'23"WEST ALONG THE SOUTH LINE OF SAID NORTHEAST 1/4 OF THE NORTHWEST 1/4, A DISTANCE OF 785.22 FEET TO THE WEST RIGHT-OF-WAY LINE OF UNIVERSITY BOULEVARD; THENCE NORTHWESTERLY ALONG SAID WEST RIGHT-OF-WAY LINE AND ALONG A CURVE CONCAVE SOUTHWESTERLY WHOSE RADIUS IS 1829.86 FEET,WHOSE ARC LENGTH IS 148.52 FEET AND WHOSE CHORD BEARS NORTH 09°24'35"WEST,148.48 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 77"43'11" WEST, 37.05 FEET; THENCE SOUTHWESTERLY ALONG A CURVE CONCAVE NORTHWESTERLY WHOSE RADIUS IS 530.00 FEET, WHOSE ARC LENGTH IS 107.32 FEET AND WHOSE CHORD BEARS SOUTH 83°31'15" WEST, 107.14 FEET; THENCE SOUTH 89"19'19" WEST, 102.99 FEET; THENCE NORTH 0°40'41"WEST, 10.00 FEET; THENCE NORTH 89"19'19" EAST, 102.99 FEET; THENCE NORTHEASTERLY ALONG A CURVE CONCAVE NORTHWESTERLY WHOSE RADIUS IS 520.00 FEET, WHOSE ARC LENGTH IS 105.30 FEET AND WHOSE CHORD BEARS NORTH 83°31'15" EAST, 105.12 FEET; THENCE NORTH 77°43'11" EAST, 37.12 FEET TO SAID WEST RIGHT-OF-WAY LINE; THENCE SOUTHEASTERLY ALONG SAID WEST RIGHT-OF-WAY LINE AND ALONG A CURVE CONCAVE SOUTHWESTERLY WHOSE RADIUS IS 1829.86 FEET,WHOSE ARC LENGTH IS 10.00 FEET AND WHOSE CHORD BEARS SOUTH 11°53'29"EAST, 10.00 FEET TO THE POINT OF BEGINNING AND CONTAINING 0.06 ACRES(2,464 S.F.). EASEMENT(B) A PART OF THE NORTHWEST 1/4 OF SECTION 10,TOWNSHIP 83 NORTH,RANGE 24 WEST OF THE 5TH P.M.,CITY OF AMES,STORY COUNTY,IOWA AND DESCRIBED AS FOLLOWS: COMMENCING AT THE WEST 1/4 CORNER OF SAID SECTION 10;THENCE NORTH 89"09'20"EAST ALONG THE SOUTH LINE OF SAID NORTHWEST 1/4,A DISTANCE OF 774.89 FEET;THENCE NORTH 0°40'41"WEST, 958.35 FEET TO THE POINT OF BEGINNING;THENCE CONTINUING NORTH 0°40'41"WEST, 348.71 FEET;THENCE NORTH 62"46'24"WEST, 116.85 FEET;THENCE NORTH 00"40'41"WEST,21.27 FEET;THENCE SOUTH 89"19'05"WEST,616.06 FEET; THENCE SOUTH 0°40'41" EAST, 135.84 FEET; THENCE SOUTH 39°03'20" WEST, 36.69 FEET; THENCE NORTH 50°56'40" WEST, 20.00 FEET; THENCE NORTH 39°03'20" EAST, 29.46 FEET; THENCE NORTH 0°40'41" WEST, 148.61 FEET; THENCE NORTH 89°19'05" EAST, 656.06 FEET; THENCE SOUTH 0°40'41"EAST,29.23 FEET;THENCE SOUTH 62"46'24"EAST, 150.45 FEET;THENCE NORTH 89"19'19"EAST, 362.06 FEET;THENCE SOUTH 0°40'41"EAST, 20.00 FEET; THENCE SOUTH 89°19'19"WEST, 367.03 FEET;THENCE NORTH 62°46'24"WEST, 27.97 FEET; THENCE SOUTH 0°40'41" EAST, 338.11 FEET; THENCE SOUTH 89"19'19"WEST,20.00 FEET TO THE POINT OF BEGINNING AND CONTAINING 0.78 ACRES(34,070 S.F.). PROPERTY SUBJECT TO ANY AND ALL EASEMENTS OF RECORD. OWNER BASIS OF BEARING IOWA STATE UNIVERSITY EASEMENT(A) 1350 BEARDSHEAR HALL THE EAST LINE OF THE SOUTH 1/2 OF THE NORTHWEST 1/4 OF SECTION 10,TOWNSHIP 83 NORTH, AMES,IA 50011 RANGE 24 WEST OF THE 5TH P.M.IS ASSUMED TO BEAR NORTH 0°33'29"WEST FOR THE PURPOSE OF THIS SURVEY. DATE OF SURVEY 11-30-2022 EASEMENT(B) THE SOUTH LINE OF THE NORTHWEST 1/4 OF SECTION 10,TOWNSHIP 83 NORTH,RANGE 24 WEST OF THE 5TH P.M.IS ASSUMED TO BEAR NORTH 89°09'20"EAST FOR THE PURPOSES OF THIS SURVEY. LINE TABLE CURVE TABLE LINE# LENGTH(FT) DIRECTION CURVE NO. A RADIUS ARC LENGTH TANGENT CHORD BEARING/LENGTH L1 37.05 S77°43'11"W C1 4039'02" 1829.86' 148.52' 74.30' N9'24'35"W 148.48' L2 102.99 S89°19'19"W C2 11'36'07" 530.00' 107.32' 53.85' S83°31'15"W 107.14' L3 10.00 N00o 40'41"W C3 11°36'07" 520.00' 105.30' 52.83' N83°31'15"E 105.12' L4 102.99 N89°19'19"E C4 0°18'47" 1829.86' 10.00' 5.00' S11°53'29"E 10.00' L5 37.12 N77°43'11"E LEGEND FEATURES FOUND SET Section Corner A0 I hereby certify that this land surveying document 1/2"Rebar,Cap#19515 was prepared and the related survey work was w/Oran e Plastic Ca 0 performed by me or under my direct personal 9 p supervision and that I am a duly licensed (Unless Otherwise Noted) Professional Land Surveyor under the laws of the ROW Marker ■ ❑ e �ssj Srof Iowa. ROW Rail = Q J. 08-16-2024 Platted Distance P ERIC J. 6ric J.Miller,PLS Date Measured Bearing&Distance M MILLER < Recorded As R License Number 19515 Deed Distance D 19515 My License Renewal Date is December 31,2024 Calculated Distance C Centerline /O WF* Pages or sheets covered by this seal: Section Line - Sheets 1 and 2 of 2 1/4 Section Line - 1/4 1/4 Section Line -- Easement Line CYTOWN PROJECT - PHASE 2 SHEET 1 OF 2 PUBLIC UTILITY EASEMENT PN: 122.0768.01 T-R-S:83N-24W-10 SNYDER 2727 S.W. SNYDER BLVD. DATE:08/16/2024 &ASSOCIATES ANKENY, IA 50023 (515) 964-2020 PM/TECH: EJM/SDB V:\Projects\2022\122.0768.01\CADD\1220768_PH2_PUE EASE.dwg J EXHIBIT "B" Page 1 of 2 EASEMENT PLAT NE Corner SE1/4 NW1/4 Center Section 10-83-24 Section 10-83-24 Found 60D Spike Found 1/2" Smooth Bar Instrument No. 2013-00014488 Instrument No. 2013-00014487 SO°33'29"E 1311.25' l r C3 --��_ C4 L a4 �j coop 0000 -4—:: -L 27 C2 'N Point ofco � Beginning (A) v 10' Public N I Utility Easement CD 0 I DETAIL "A" (100' Scale) UNIVER_SITY_BLVD R.O.W. Varies -- - _ - - - (Book 140, Page 196 Po in of I Begi�Ining (A) a 11� 11A P� N�1N 10 $3,Z4 �II P� SE1N O $3,ZA IU SEC�\O L — SEC1\0 — See Detail "A" LIJ Y SO°40'41"E 20.00, Q Existing 20' Public Utility�� I o 1 Easement (Phase 1) N �0 Instrument No. 2024-04559 I 11�N�1124 w SEC,�\ON 10 LLJ cNo I I P� ON 10 83, rn U c'z `'III" N62°46'24"W 27.97' �� S62°46'24"E 150.4 ' 00 SO°40'41"E 338.11' i z S89�19'19"W 20.00' — — SO°40'41"E 29.23' .7 NO°40'41"W 958.35' NO°40'41"W Point Of Beginning (B) 20' Public Utili y 1� N62°46'24"W 116.85' Easement oI o I NO°40'41"W 21.27' CD i � wl � ollo rn CO 00 cIIc) Z I cf) S0040'41"E 135.84' IS39003'20"W 36.69' NO°40'41"W 148.61' N50°56'40"W 20.00' W1/4 Corner Section 10-83-24 N39°03'20"E 29.46' Found 1/2" Rebar With Orange Plastic Cap# 19515 Instrument No. 2021-13163 Z - 0 300 FEET CYTOWN PROJECT - PHASE 2 SHEET 2OF2 PUBLIC UTILITY EASEMENT PN: 122.0768.01 T-R-S:83N-24W-10 S N Y D E R 2727 S.W. SNYDER BLVD. DATE:08/16/2024 &ASSOCIATES 6 ANKENY, IA 50023 (515) 964-2020 PM/TECH: EJM/SDB V:\Projects\2022\122.0768.01\CADD\1220768_PH2_PUE_EASE.dwg 8 EXHIBIT "B" Page 2 of 2