HomeMy WebLinkAbout~Master - Electric Distribution Utility Easement - CYTown Development Area Phase II - from Board of Regents, State of Iowa Instr. Number: 2024-07237
Recorded: 10/4/2024 at 9:50:18.0 AM
County Recording Fee: $37.00
Iowa E-Filing Fee: $3.69
Combined Fee: $40.69
Stacie L. Herridge - Recorder
Transfer Tax:
Story County, Iowa
Leeal 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 50011.51 5-294-5352
IOWA STATE UNIVERSITY—CITY OF AMES
ELECTRIC DISTRIBUTION UTILITY EASEMENT AGREEMENT
CYTOWN DEVELOPMENT AREA—PHASE H
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)
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
l
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
Grantor and Grantee execute this Electric Distribution Utility Easement Agreement by their lawfully
designated officials as of the date first written above.
BOARD OF REG S,STATE OF IOWA
By
Mar un
Executi a Director
STATE OF IOWA,COUNTY OF POLK, SS.:
This instrument was acknowledged before me on 2 by Mark Braun as
Executive Director of the B and of R s,State of Iowa.
'Y'af",',Publi �� r,. Kristin Bauer Davis
Commission expires: 2 7 :Conxnission Number 8 11107
My Commission Expires
o June 18,2027
CITY OF AMES,IOWA J o
Passed and approved on 1 Zo by Resolution No.
adopted by the City Council o Ames,Iowa.
WV1W
_ By:
ffzu
enee Hall,City Clerk John A. Haila,Mayor
STATE OF IOWA,COUNTY OF STORY,SS.:
This instrument was acknowledged before me oneSeptenber J0,2D2y by Renee Hall
and John A.Haila,as City Clerk and Mayor,respectively,of the City of Ames,Iowa.
CARLY U.WATSM
Acom
he Oon-11 I n s21M4
sion expires: 01 ig-syl
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CYTOWN DEVELOPMENT AREA
PROPERTY DESCRIPTION:
A PART OF THE NORTHWEST 114 OF SECTION 10.TOWNSHIP 83 NORTH,RANGE 24 WEST OF THE STH 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 114,A DISTANCE OF 75.00 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF LINCOLN WAY;THENCE NORTH 89'1T 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 89'17'0l'EAST ALONG SAID SOUTH RIGHT-OF-WAY LINE,1,493.03 FEET TO THE WEST RIGHT-OF-WAY LINE
OF UNIVERSITY BOULEVARD: THENCE SOUTH 52'38'24' EAST ALONG SAID WEST RIGHT-OF-WAY LINE, 90.96 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 537AO FEET AND WHOSE CHORD BEARS SOUTH 09.31'49'EAST,536.66 FEET:THENCE SOUTH 16.01-W EAST
CONTINUING ALONG SAID WEST RIGHT-OF-WAY LINE. 394.64 FEET: THENCE SOUTHERLY CONTINUING ALONG SAID WEST
RIGHT-OF-WAY UNE AND ALONG A CURVE CONCAVE WESTERLY WHOSE RADIUS IS 1,829.85 FEET,WHOSE ARC LENGTH IS 457.64 FEET
AND WHOSE CHORD BEARS SOUTH 06.23-M EAST.486.20 FEET;THENCE SOUTH 00.45-M EAST CONTINUING ALONG SAID WEST
RIGHT-OF-WAY LINE,474.80 FEET:THENCE SOUTH 89'14134'WEST CONTINUING ALONG SAID WEST RIGHTS-WAY Lam.10.00 FEET;
THENCE SOUTH 00'45.28'EAST CONTINUING ALONG SAID WEST RIGHT-OF-WAY LINE,319.24 FEET;THENCE SOUTH 89.21-W WEST,
1,014.91 FEET TO SAID EAST RIGHT-OF-WAY LINE OF BEACH AVENUE;THENCE NORTH W2925'WEST ALONG SAID EAST RIGHT-OF-WAY
LINE,2,238.80 FEET TO THE POINT OF BEGINNING AND CONTAINING 89.20 ACRES(3.885AM S.F.).
PROPERTY SUBJECT TO ANY AND ALL FASENENTS OF RECORD.
N 1/4 Corner
Se .t0-83-24
NW Cornernd Cul"X"
Se .10-83-24 Corner Cert.
Fnd Cut"X" Inst No.
Corner Cerl 96-00365
Inst.
2008-OOOtf7 I
LINCOLN WAY _ N 89°17'oT'E 2s26.44'
00
S00'29'25"E 75.00' 75. '1/2 ROW M&R r `�
�- N 89e 17'01" E 1.493.03'
S 52e 36'24 •"�
N89'17 o)"E E
33.00• I Point of 90.95.
i Beginning
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I I SEC Ar _g3-2q
S C!�Ng3l2q f
iS16°01'34"E
c 394,64'
Go N DEVELOPMENT AREA
AnZz C.j 89.20AC I
(3188515"SF)
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SEC 10
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24 I S89e14'34"W
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1 S 0°45'26" E
319.24'
i S 89e 21'08" W 1814.81'
JACK TRICE WAY
- - C�ppr��r ----------------•
ec.10.53-24 �I
DATE OF SURVEY Caner°Ce C.M.Nst No.2021-13163 n
AUGUST 16,2023
CURVE TABLE 0 300
CURVE NO. QPITA RADIUS _Apr LENGTH )�E CH BEARINMI
C-1 12°5n9'LT 2,371.83' 537.80' - 270.08' S9'31'4WE SUM
C-2 15'16.08'RT 1,829.86' 487.84' 245.2T SB'23:10'E 488-V SCALE (FEET)
CYTOWN DEVELOMENT AREA SHEET 1 OF 1
PN: 1220788
EXHIBIT DRAWING FMBK:881A PG:38
S N Y D E R 27s7 S.W.SNYDER BLVD. DATE: 12116,23
&ASSOCIATES ANKENY,IA 50023(515)964-2020 PMT(ECH:EJMISDB
EXHIBIT"A" r,w.w..Immene,aceo4.a.aloes.
INDEX LEGEND
SURVEYOR'S NAME I RETURN TO:
ERIC J.MILLER
SNYDER d ASSOCIATES,INC.
2727 SW SNYDER BOULEVARD
ANKENY,IOWA 50023
515-964-2020
ERICMILLER®SNYDER-ASSOCIATES.COM
SERVICE PROVIDED BY:
SNYDER 6 ASSOCIATES,INC.
SURVEY LOCATED:
PT NW 114
SECTION 10.8;1-24
REQUESTED BY:
IOWA STATE UNIVERSITY
EASEMENT PLAT
PUBLIC UTILITY EASEMENT DESCRIPTION
EASEMENT(A)
A PART OF THE NORTHEAST 1/4 OF THE NORTHWEST 114 OF SECTION 10.TOWNSHIP 83 NORTH,RANGE 24 WEST OF THE STH P.M..CITY OF AMEB,
STORY COUNTY,IOWA AND DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF THE NORTHEAST 114 OF THE NORTHWEST 114 OF SAID SECTION 10;THENCE SOUTH 89'202r WEST
ALONG THE SOUTH LINE OF SAID NORTHEAST 114 OF THE NORTHWEST 114.A DISTANCE OF 78522 FEET TO THE WEST RIGHT-OF-WAY LINE OF
UNIVERSITY BOULEVARD:THENCE NORTHWESTERLY ALONG SAID WEST RIGHT-OFWAY 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 PONT
OF BEGINNING:THENCE SOUTH T/'43'11'WEST,37.05 FEET;THENCE SOUTHWESTERLY ALONG A CURVE CONCAVE NORTHWESTERLY WHOSE
RADIUS IS SW.00 FEET,WHOSE ARC LENGTH IS 107.32 FEET AND WHOSE CHORD BEARS SOUTH 83.31'15-WEST,107A4 FEET;THENCE SOUTH
BVIWI9'WEST,102.09 FEET;THENCE NORTH 0.40'41'WEST.1040 FEET;THENCE NORTH WIF19'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 1829AG FEET,WHOSE ARC LENGTH IS
10J)O FEET AND WHOSE CHORD BEARS SOUTH I I'SnW EAST,10.00 FEET TO THE POINT OF BEGINNING AND CONTAINING 0.06 ACRES(2,464 S.F.).
EASEMENT(8)
A PART OF THE NORTHWEST 1/4 OF SECTION 10,TOWNSHIP 83 NORTH,RANGE 24 WEST OF THE STH 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 SV09W EAST ALONG THE SOUTH L94E OF SAID NORTHWEST 114.A
DISTANCE OF 774.89 FEET;THENCE NORTH W40'41'WEST,95825 FEET TO THE POINT OF BEGINNING;THENCE CONTINUING NORTH 0.4041'WEST,
348.11 FEET;THENCE NORTH 62'46'24-WEST,116.86 FEET;THENCE NORTH 00-40.41-WEST,2127 FEET;THENCE SOUTH 89.190S WEST,616AG FEET;
THENCE SOUTH 0.4041'EAST.135.84 FEET;THENCE SOUTH 39'03.2V WEST,36.09 FEET;THENCE NORTH 50*56*40"WEST.20.00 FEET;THENCE
NORTH 39.03.2W EAST,29.46 FEET;THENCE NORTH 0*40141"WEST,148.61 FEET;THENCE NORTH 69.19'OS'EAST.656.06 FEET:THENCE SOUTH
0'40'4l'EAST•2923 FEET;THENCE SOUTH 62.4824'EAST.160A5 FEET;THENCE NORTH SW1919'EAST,362.06 FEET:THENCE SOUTH 0'40'41'EAST,
20.00 FEET;THENCE SOUTH 89'IVIW WEST,367.03 FEET:THENCE NORTH 62'4624'WEST.27.97 FEET;THENCE SOUTH O'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 112 OF THE NORTHWEST 1/4 OF SECTION 10.TOWNSHIP 83 NORTH, AMES.IA 50011
RANGE 24 EST 33 F THE 5TH P.M.IS ASSUMED TO BEAR NORTH O' '29'WEST FOR THE PURPOSEOF DATE OF SURVEY
11.30-2022
EASEMENT(5)
THE SOUTH LINE OF THE NORTHWEST 114 OF SECTION 10.TOWNSHIP 83 NORTH.RANGE 24 WEST OF
THE STH P.M.IS ASSUMED To BEAR NORTH 89'09'20'EAST FOR THE PURPOSES OF THIS SURVEY. LINE TABLE
CURVE TABLE LINE a LENGTH(FT) DIRECTION
CURVE NO. A RADIUS ARC LENGTH TANGENT CHORD BEARNGB.ENGTH L1 37.05 87T 43.11'W
Cl 4'39'02' 1628.86' 148br 74.30' N9.24'36W 148.48' L2 102.99 S89.19'lfrW
C2 1136101 630.00' 107.b7 S3.8S S8371'1S'W107AW L3 10.00 ND0'40'41'W
C3 11'36'67' S20.07 105.W 52.er N8731.15'E 105.17 L4 102.99 NW 19'19'E
G O'tlr47' 182UV low 5.00' S11.5729'E low L5 37.12 W7.47 1I-E
LEGEND
FEATURES FOUND SET
Section Comer A0 11lereby cad r tlthatBOs land surveying document p
112'Reber,Cap III 19515 was and the related survey work we
w/Orengs Plastic Cap 0 perffonnad by ma or under my dined personal
ed
(Unless Otherwise Noted) supervls n end ttrel I am a anger the
10*4 t o low&. d•8lavayor under 6+e laws of Ore
ROW Marker � ❑ tqb ,
ROW Rag = 5r� 08-16-2024
Platted Distance P ERIC J. de J.Molar.PLS Dare
Measured Beating 6 Distance M MILLER
Recorded As R License Number 19515
I)
Deed Distance D 19515 My License Renewal Date Is December 31,2024
Calculated Distance C
Centedine -- '- '�IOWA Page or sheets cw4w ed by 96 seek
Sed(on Line - Sneed I and 2 of 2
1/4 Section Line - -
1I4 1/4 Section Line ---
Easement Line
CYTOWN PROJECT - PHASE 2 SHEET OF
8.01
PUBLIC UTILITY EASEMENT P-R-S-. 0784W
T-RS:83N-24W-10
S N Y D E R 2727 S.W.SNYDER BLVD. DATE:wUV2024
&ASSOCIATES ANKENY,L450023(515)964-2020 PMITECH:EJMISDS
v!a-Nrewla+laaree4r�wwruo"4�nrts�u.s
EXHIBIT"B" Page 1 of 2
EASEMENT PLAT
NE Comer 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 S0°3T29"E 1311.26
r
1
C2
Point of I
l I Beginning(A) v I
10'Public I
Utility Easement I
1 DETAIL"A"(100*Scale) I
- - - - - -
_ _ UNIVERSITY BLVD_ R.O.W.Varies
_ - - - (Book 140,Page 196
Pointy of I
1 Beginning(A) I
a Ia I
C N�1141 tOW'93 24 I ' S se-XI'%83 2a
SEGtt0. —. �.) SSCStON I
� I
See Detail"A. I 1
W
SO'40'41"E 20.00'
t7
Existing 20'Public Utility�� '
4��{114 a131 2QF'- wa, Easement(Phase 1)
N
Instrument No.2024-04559 ! 11 CN�1i2 w
S G110N�Q- Wi III' 91 0tA 40
N6
2.46'24" 27.9+r
93
SO'4U4 1S'JSE�3 3I'8.11'
S62'4624'E 1504 S89'19'19"NV 20. 0
SO'44 "E 29.23', 348.71' NO'4041'W 958.36
I NO'40'41'WPoint Of Beginning(8)
2V Public UtllH N62°46-24"W 116.VV
85'
Easement NO'40'41"W 21.27'$II S
� mII I
�WZ y III
II SO°4041"E 135.84'
I S39°03'20"W 36.69' i
NO'40'41"W 148.61' N50°56'40'W 20.0V W1/4 Corner Section 10483-24
N39.03'20'E 29.46' Found 1/2'Reber With
Orange Plastic Cap#19515
Instrument No.2021-13163
Z mom
0 300
FEET
CYTOWN PROJECT - PHASE 2 SHEET 2OF2
PUBLIC UTILITY EASEMENT P-R-S.8 N-24 1
r•Rs:a3N-z4w-1a
S N Y D E R 2727 S.W.SNYDER BLVD. OATS:08I1612024
&ASSOCIATES ANKENY,IA 50023(515)964-2020 PWTECH:EJMISDO
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EXHIBIT"B" Page 2 of 2