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Home My WebLink AboutA001 - Council Action Form dated March 11, 2025ITEM #:24 DATE:03-11-25 DEPT:ELEC SUBJECT:ELECTRIC UTILITY EASEMENT ON STATE OF IOWA PROPERTY COUNCIL ACTION FORM BACKGROUND: There is an existing buried electric line that is owned and maintained by Ames Electric Services located on the south side of S. 16th Street, east of University Boulevard. In a normal system configuration, this buried electric line provides service to the S. Duff Avenue area from the Vet Med Substation. Ames Electric Services plans to relocate this buried line to make way for the upcoming widening of S. 16th Street during the 2025 construction season. The new location for the buried electric line will place it on State of Iowa property. The Iowa State Board of Regents has agreed to grant an electric utility easement for the new buried electric line location at its February 2025 meeting. Once signatures are received from the City, the easement will be signed at the next Iowa State Board of Regents meeting. ALTERNATIVES: 1. Approve the Electric Utility Easement on State of Iowa property in order to maintain the Ames Electric Services buried electric line along S. 16th Street, east of University Boulevard. The easement shall be conditioned upon the approval by the Iowa State Board of Regents. 2. Do not approve the Electric Utility Easement on State of Iowa property and direct staff to find an alternate location for the buried electric line. CITY MANAGER'S RECOMMENDED ACTION: In order to provide reliable electric service to the S. Duff Avenue area, maintaining the buried electric line along S. 16th Street, east of University Boulevard is essential. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1, as noted above. ATTACHMENT(S): Proposed Ames Electric Relocation.pdf 2023-10-06.Easement_City of Ames_Template B_(S 16th and Riverside Drive) rev1.pdf 1 S. 16th Street Proposed Ames Electric Relocation MEI 10/1/24 1210 1125 926 1798 1499 925 1226 1599 1225 1498 1100 Orange Ave Apple Pl S 16th St Creekside Dr Access To Vet Med Strawberry Ln Mulberry Ct Christensen Dr Apple Pl Tangerine Ln Mulberry Blvd U U U U U U ! U !UU !!U U ! U UU U U U ! ! U U U U ! ! ! ! ! ! U U ! ! ! ! ! U U U U U ! U U! U U U ! U U! ! ! U ! U U ! U ! ! U U U U ! ! ! ! U U ! ! U U ! ! ! U ! ! ! U U U U U ! | | + 8+ 8+ { { {"%0 "%0 "%0 "%0 "%0 "%0 "%0 "%0 "%0 "%0 "%0 "%0 "%0 "%0 p q "%0 ³k ³k ³k ³k ³k ! ! ! ! ! ! ! ! ! ê ! ê ! ! ! ! ê ê ! ! ! ! ! !! ! ! ! ! ! ! ! ! !! ê ! ! ! ! ! ! ! ê ! d/ d/ d/ d/ d/d/ d/ d/ d/ d/ d/ d/ d/ d/ d/ d/ d/ O OOO O O O O S S O O dR dR dR dR dR dR dR dR dR dR dR dR dR dR dR dR dR dR dR dR dR dR dR dR dR dR dR dR dR dR dR dR dR dR dR dR dR dR dR dR dR dR dR dR dR dR dR dR dR dR dR dR dR dRdR dR dR dR dR dR dR dR dR dR dR dR dR dR dR dR dR dR dR dR dR dR dR dR dR dR dR dR dR dR dR dR dR dR dR dRdR dR dR dRdR dR dR dR dR dR dR dR dR dR dR dR dR dR dR dRdR dR dR dR dR dR 150KVA3930 150KVA4213 150KVA4322 50KVA672 50KVA1686 50KVA1640 50KVA1637 25KVA1702 25KVA1700 50KVA1815 50KVA1814 25KVA297850KVA1816 37.5KVA1701 25KVA3841 2-350 CU 1/0 AL 15kV CONC #2 AL TPX 4/0 AL TPX 2C-#10G CU 3-1/0 AL 15kV CONC #2 CU 15kV CONC 2/0 AL TPX 350 AL TPX 500 AL QUAD 2-1/0 AL 15kV CONC 4/0 AL 15kV CONC 2/0 AL TPX 2/0 AL TPX 2/0 AL TPX 2C-#10G CU 2/0 AL TPX 4/0 AL TPX 2C-#10G CU 1/0 AL 15kV CONC 2/0 AL TPX 2/0 AL TPX 2/0 AL TPX 1/0 AL 15kV CONC 2/0 AL TPX 4/0 AL 15kV CONC 4/0 AL TPX 4/0 AL TPX 4/0 AL TPX 1/0 AL 15kV CONC 2/0 AL TPX 2/0 AL TPX #2 CU 15kV CONC 2/0 AL TPX 2/0 AL TPX #2 CU 15kV CONC 4/0 AL TPX 4/0 AL 15kV CONC 1/0 AL 15kV CONC 2/0 AL TPX 1/0 AL 15kV CONC 4/0 AL TPX 2/0 AL TPX 4/0 AL TPX 2/0 AL TPX 1/0 AL 15kV CONC #2 CU 15kV CONC 4/0 AL TPX 4/0 AL TPX 2/0 AL TPX 2/0 AL TPX 2/0 AL TPX 4/0 AL TPX 4/0 AL TPX 2/0 AL TPX 2/0 AL TPX 4/0 AL TPX 8925J 8920J 5428C 8795J 8886D 10722C 13911G 13914G 13912G 13915G 10721C 12373M 13907G 13909G 12024D 3-Way 3-Way 3-Way 150WLED 150WLED 150WLED 250WLED 250WLED 150WLED 150WLED 150WHPS 250WLED N.O. N.O. 13917G 13910G 150WLED 250WLED 250WLED NO SCALE¯ Existing Ames Buried Electric Line Line to be relocated to clear for roadwidening project ØØØØØØØØØØØØØØØØØØØØØØØØØØØØØØØØØØØØØØØØØØØØØØØØØØØØØØØØØØØØØØØØØØØØØØØØØØØØØØØØØØØØØØØØØØØØØØØØØØØØØØØØØØ Existing Ames Power Pole Pole to be relocated to clear forroad widening project Easement needed from ISU forproposed buried Ames Electric line 2 Template B: City Equipment Already Installed (October 2023) 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 SOUTH 16TH STREET & RIVERSIDE DRIVE This Electric Distribution Utility Easement Agreement (“Agreement”) is entered into on ________________, 202____ (“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 the Southwest Quarter (SW1/4) of the Southeast Quarter (SE1/4) of Section 10, Township 83 North, Range 27 West of the 5th P.M., Ames, 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 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 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. 3 2 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 4 3 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 5 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:______________________ 6 LEGAL DESCRIPTION – EXHIBIT “A” 10 FOOT ELECTRICAL EASEMENT DESCRIPTION: A TRACT OF LAND IN THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 10, TOWNSHIP 83 NORTH, RANGE 27 WEST OF THE 5TH P.M., CITY OF AMES, STORY COUNTY, IOWA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SAID SOUTH CORNER OF SECTION 10, THENCE N89°40’15”E, 27.01 FEET; THENCE N00°16’33”W, 294.08 FEET TO THE POINT OF BEGINNING; THENCE S83°59’13E”, 127.61 FEET; THENCE S89°29’53”E, 202.82 FEET; THENCE S68°35’05”E, 199.33 FEET; THENCE S53°19’21”E, 35.61 FEET, MORE OR LESS, WITH SIDELINES BEING EXTENDED OR SUBTENDED TO TERMINATE AT THE WEST LINE OF THE ABANDONED RAILROAD RIGHT- OF-WAY. SAID EASEMENT LIES 5 FEET ON EACH SIDE OF THE DESCRIBED LINE, EXTENDING 10 FEET PAST THE POINT OF BEGINNING WESTERLY. NOTE: BEARING SHOWN HERE ARE GRID, IOWA STATE PLANE, NORTH ZONE, SURVEY FOOT. 7 8