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)
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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.
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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
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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
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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
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0 394.64'
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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
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SO°40'41"E 20.00, Q
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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
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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
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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