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HomeMy WebLinkAboutA004 - Council Action Form dated February 27, 2024ITEM #:18 DATE:02-27-24 DEPT:Elec SUBJECT:ACCEPTANCE OF ELECTRIC UTILITY EASEMENTS FROM IOWA STATE UNIVERSITY COUNCIL ACTION FORM BACKGROUND: The City's electric utility relies on easements from property owners to provide reliable electric service to the utility's customers throughout the community. Iowa State University is developing a mixed-use entertainment district called CY-Town, located between Jack Trice Stadium and the Iowa State Center facilities adjacent Lincoln Way. Most of the existing facilities within this area are retail customers of the City's electric utility. It is anticipated that the buildings and other developments that are constructed in the CY-Town project will also become retail customers of the City's electric utility. Due to the existing and anticipated demands for electricity in this area, and to ensure the level of reliability that the electric utility customers expect, it is planned that four separate electric distribution routes will serve this area. Two of the lines will connect to CY-Town from the Vet Med Substation, and two will connect from the Mortensen Road Substation. This redundancy provides for the area to be served even in the event of a fault or maintenance at either substation or on either of the lines connecting each substation to CY-Town. Several of the electric lines that will serve CY-Town are already in place, although portions of them that cross ISU property are not in recorded easements. Following discussions with ISU staff, easement documents have been prepared that address five specific locations. These five easements are located as follows (see attached map): East of University Blvd, between S. 4th Street and Vet Med Substation South side of S. 4th Street, between Beach Avenue and University Blvd Mortensen Rd, between State Avenue and Welch Avenue Vet Med Substation North side of US Highway 30, between University Blvd and Vet Med Substation The first four of the above easement does not reflect a relocation of the existing electric lines. The fifth easement along the north side of US Highway 30 is adjacent to an existing electric line that is situated in the DOT right-of-way. DOT has indicated that this line may not be modified to intensify its use. Therefore, relocation of the line onto ISU property is necessary. The proposed easements are attached. Staff from Iowa State University Facilities Planning & Management is supportive of the easements. Normally, Council action is not required to accept easements. However, ISU has requested that the City Council accept the easements prior to obtaining approval from the Board of Regents. The easements are on the Board of Regents agenda for the February 28, 2024. It is important to emphasize that one additional easement, near the Southwest Athletic Complex, 1 is still under discussion between City and ISU staff. Staff anticipates bringing that easement to Council at a later date. ALTERNATIVES: 1. Approve the attached Electric Utility Easements on State of Iowa property in order to provide normal and backup service to Cy-Town as well as other ISU electric load in the vicinity. It should be remembered that the easements will not become in effect until approved by the State Board of Regents. 2. Do not approve the Electric Utility Easements on State of Iowa property and direct Electric Services’ staff to find an alternate routes to provide service to Cy-Town. CITY MANAGER'S RECOMMENDED ACTION: The Cy-Town project has been designed to receive service from Ames Electric Services Department. Establishing these easements 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): 2024-01-22.Easement_City of Ames_East of University_Proposed Final.pdf 2024-01-22.Easement_City of Ames_Mortensen_Proposed Final.pdf 2024-01-22.Easement_City of Ames_Vet Med Substation_Proposed Final.pdf 2024-01-22.First Amendment Easement for Electrical Lines_Proposed Final.pdf 2024-01-29.Easement _City of Ames_Highway 30_Proposed Final.pdf Easements from ISU - Feb 2024.pdf 2 Template B: City Equipment Already Installed (October 2023) Legal Description: See Exhibit A 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 EAST OF UNIVERSITY 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 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 Map of Easement, which is attached as Exhibit B 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 an overhead electrical line (“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. 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 3 2 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 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. 4 3 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 EXHIBIT ‘A’ – EASEMENT LEGAL DESCRIPTIONS Page 1/3 ELECTRICAL EASEMENT DESCRIPTION: THAT PART OF PARCEL 'X' LOCATED IN THE WEST HALF OF THE SOUTHEAST QUARTER OF SECTION 10, TOWNSHIP 83 NORTH, RANGE 24 WEST OF THE 5TH P.M., STORY COUNTY, IOWA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: A 10 FOOT WIDE EASEMENT, BEING 5 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE, WHICH FOLLOWS THE EXISTING POLES, COMMENCING AT THE CENTER OF SAID SECTION 10, T83N, R24W, THENCE N89° 50' 03" E 28.12 FEET ALONG THE NORTH LINE OF SAID PARCEL 'X' TO THE POINT OF BEGINNING, THENCE S 00° 21' 42" E 1,988.25 FEET TO THE SOUTH LINE OF PARCEL 'X'. SIDELINES WILL BE EXTENDED OR SUBTENDED TO TERMINATE AT THE SOUTHERLY AND NORTHERLY LINES OF PARCEL 'X'. BEARINGS SHOWN ARE GRID, IOWA STATE PLANE, NORTH ZONE, US SURVEY FOOT. Page 2/3 – Area North of S. 16th Street ELECTRICAL EASEMENT DESCRIPTION: THAT PART OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 10-83-24 LYING WEST OF THE ABANDONED RAILROAD RIGHT-OF-WAY AND ALSO LYING NORTH OF SOUTH 16TH STREET RIGHT-OF-WAY, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF PARCEL 'X' IN THE WEST HALF OF THE SOUTHEAST QUARTER OF SAID SECTION 10; THENCE S 89°50'30” E, 29.27 FEET ALONG THE SOUTH LINE OF SAID PARCEL 'X' TO THE POINT OF BEGINNING AT THE CENTERLINE OF THE EXISTING POWER POLES; THENCE S 00°19'25” E, 267.21 FEET ALONG THE CENTERLINE OF EXISTING POWER POLES TO THE NORTH RIGHT-OF-WAY LINE OF SOUTH 16TH STREET, WITH SIDELINES BEING EXTENDED OR SUBTENDED TO TERMINATE AT THE NORTH RIGHT-OF-WAY LINE OF SOUTH 16TH STREET. BEARINGS SHOWN ARE GRID, IOWA STATE PLANE, NORTH ZONE, US SURVEY FOOT. Page 2/3 - South 16th Street Right-of-Way ELECTRICAL EASEMENT DESCRIPTION SOUTH 16TH STREET RIGHT-OF-WAY: THAT PART OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 10-83-24 LYING WEST OF THE ABANDONED RAILROAD RIGHT-OF-WAY, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE WEST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 10 AND THE SOUTH RIGHT-OF-WAY LINE OF SOUTH 16TH STREET; THENCE S 85°09'44” E, 25.17 FEET ALONG THE SOUTH RIGHT-OF-WAY LINE OF SOUTH 16TH STREET TO THE POINT OF BEGINNING AT THE CENTERLINE OF EXISTING POWER POLES; THENCE N 00°09'42” W, 43.52 FEET ALONG THE CENTERLINE OF EXISTING POWER POLES TO AN EXISTING POWER POLE WITHIN THE SOUTH 16TH STREET RIGHT-OF-WAY; THENCE N 00°20'49" W, 97.04 FEET TO THE NORTH LINE OF THE NORTH RIGHT-OF-WAY LINE OF SOUTH 16TH STREET WITH SIDELINES BEING EXTENDED OR SUBTENDED TO TERMINATE AT THE NORTH RIGHT-OF- WAY LINE OF SOUTH 16TH STREET OF SAID SECTION 10. BEARINGS SHOWN ARE GRID, IOWA STATE PLANE, NORTH ZONE, US SURVEY FOOT. 7 Page 2/3 - Area South of S. 16th Street ELECTRICAL EASEMENT DESCRIPTION: THAT PART OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 10-83-24 LYING WEST OF THE ABANDONED RAILROAD RIGHT-OF-WAY AND ALSO LYING SOUTH OF SOUTH 16TH STREET RIGHT-OF-WAY, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE WEST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 10 AND THE SOUTH RIGHT-OF-WAY LINE OF SOUTH 16TH STREET; THENCE S 85°09'44” E, 25.17 FEET ALONG THE SOUTH RIGHT-OF-WAY LINE OF SOUTH 16TH STREET TO THE POINT OF BEGINNING AT THE CENTERLINE OF EXISTING POWER POLES; THENCE S 00°17'44” E, 250.55 FEET ALONG THE CENTERLINE OF EXISTING POWER POLES TO THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 10, WITH SIDELINES BEING EXTENDED OR SUBTENDED TO TERMINATE AT THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 10. BEARINGS SHOWN ARE GRID, IOWA STATE PLANE, NORTH ZONE, US SURVEY FOOT. Page 3/3 – Area north of RR ROW ELECTRICAL EASEMENT DESCRIPTION: THAT PART OF THE NORTHEAST 1/4 OF SECTION 15-83-24, WEST OF THE 5TH PM, CITY OF AMES, STORY COUNTY, IOWA; MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTH 1/4 CORNER OF SAID SECTION 15; THENCE N 89°40'31" E, 26.98 FEET ALONG THE NORTH LINE OF SAID SECTION 15 TO THE POINT OF BEGINNING AT THE CENTERLINE OF EXISTING POWER POLES; THENCE S 00°00'06" E, 751.81 FEET ALONG THE CENTERLINE OF EXISTING POWER POLES TO THE NORTH LINE OF THE ABANDONED RAILROAD RIGHT-OF-WAY, WITH SIDELINES BEING EXTENDED OR SUBTENDED TO TERMINATE AT THE ABANDONED RAILROAD RIGHT-OF-WAY. BEARINGS SHOWN ARE GRID, IOWA STATE PLANES, NORTH ZONE, US SURVEY FOOT. 8 9 OE OE OE OE OE OE OE OE OE OE OE S 1/4 COR. SEC 10, T83N, R24W FOUND MAGNAIL S 85°03'09" E 29.34' S 16TH STREET PA R C E L I D : 0 9 1 0 4 5 0 3 0 0 PA R C E L I D : 0 9 1 0 4 5 0 0 1 0 S 89°50'30" E 29.27' POINT OF COMMENCEMENT INTERSECTION OF THE WEST LINE OF THE SOUTHEAST QUARTER OF SECTION 10-83-24 AND THE SOUTH RIGHT-OF-WAY LINE OF SOUTH 16TH STREET. POINT OF BEGINNING PARCEL 'X' POINT OF COMMENCEMENT SOUTHWEST CORNER OF PARCEL 'X' OF SECTION 10-83-24 10' ELECTRICAL EASEMENT 10' ELECTRICAL EASEMENT POINT OF BEGINNING S 00°19'25" E 267.21' NORTH R.O.W. OF SOUTH 16TH ST. SOUTH R.O.W. OF SOUTH 16TH ST. SOUTH LINE SE 1/4 SEC 10-83-24 S 00°17'44" E 250.55' N 00°20'49" W 97.04' N 00°09'42" W 43.52' S 00°19'30" E 264.82' 70' 70' N 85°09'44" W 25.17' © Bo l t o n & M e n k , I n c . 2 0 1 8 , A l l R i g h t s R e s e r v e d JOB NUMBER: A15.120487 R 1519 BALTIMORE DRIVE AMES, IOWA 50010 (515) 233-6100 INDEX LEGEND LOCATION SW COR OF THE SW 1/4 OF THE SE 1/4 SECTION 10, T-83-N, R-24-W STORY COUNTY, IOWA REQUESTOR:CITY OF AMES PROPRIETOR:STATE OF IOWA SURVEYOR:EUGENE DREYER, P.L.S. # 17535 SURVEYOR COMPANY:BOLTON & MENK, INC. RETURN TO:EUGENE DREYER, BOLTON & MENK, INC. 1519 BALTIMORE DRIVE, AMES, IA 50010 (515)-233-6100 AMES, STORY COUNTY TWO PARCELS, LOCATED IN THE SW 1/4 OF THE SE 1/4 OF SEC 10, T-83-N R-24-W MAP OF EASEMENT JANUARY 2024 R SHEET OF 3 2 ELECTRICAL EASEMENT THAT PART OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 10-83-24 LYING WEST OF THE ABANDONED RAILROAD RIGHT-OF-WAY AND ALSO LYING NORTH OF SOUTH 16TH STREET RIGHT-OF-WAY, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF PARCEL 'X' IN THE WEST HALF OF THE SOUTHEAST QUARTER OF SAID SECTION 10; THENCE S 89°50'30” E, 29.27 FEET ALONG THE SOUTH LINE OF SAID PARCEL 'X' TO THE POINT OF BEGINNING AT THE CENTERLINE OF THE EXISTING POWER POLES; THENCE S 00°19'25” E, 267.21 FEET ALONG THE CENTERLINE OF EXISTING POWER POLES TO THE NORTH RIGHT-OF-WAY LINE OF SOUTH 16TH STREET, WITH SIDELINES BEING EXTENDED OR SUBTENDED TO TERMINATE AT THE NORTH RIGHT-OF-WAY LINE OF SOUTH 16TH STREET. FOR RECORDER USE ONLY MAP OF EASEMENT PART OF THE SW 1/4 OF THE SE 1/4 OF SEC 10, T-83-N, R-24-W, AMES, STORY COUNTY, IOWA LEGEND: FOUND SECTION CORNER H:\AMES\A15120487\CAD\C3D\OLD FILES\120487_V_BASE_E1 FOR GENE 1.DWG 1/12/2024 7:55 AM FEETSCALE 0 40 80 HORZ. ELECTRIC UNDERGROUND FIBER UNDERGROUND OVERHEAD ELECTRIC E F OE UTILITY POLE ELECTRICAL EASEMENT THAT PART OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 10-83-24 LYING WEST OF THE ABANDONED RAILROAD RIGHT-OF-WAY AND ALSO LYING SOUTH OF SOUTH 16TH STREET RIGHT-OF-WAY, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE WEST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 10 AND THE SOUTH RIGHT-OF-WAY LINE OF SOUTH 16TH STREET; THENCE S 85°09'44” E, 25.17 FEET ALONG THE SOUTH RIGHT-OF-WAY LINE OF SOUTH 16TH STREET TO THE POINT OF BEGINNING AT THE CENTERLINE OF EXISTING POWER POLES; THENCE S 00°17'44” E, 250.55 FEET ALONG THE CENTERLINE OF EXISTING POWER POLES TO THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 10, WITH SIDELINES BEING EXTENDED OR SUBTENDED TO TERMINATE AT THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 10. EASEMENT ELECTRICAL EASEMENT - S. 16TH STREET RIGHT-OF-WAY THAT PART OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 10-83-24 LYING WEST OF THE ABANDONED RAILROAD RIGHT-OF-WAY, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE WEST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 10 AND THE SOUTH RIGHT-OF-WAY LINE OF SOUTH 16TH STREET; THENCE S 85°09'44” E, 25.17 FEET ALONG THE SOUTH RIGHT-OF-WAY LINE OF SOUTH 16TH STREET TO THE POINT OF BEGINNING AT THE CENTERLINE OF EXISTING POWER POLES; THENCE N 00°09'42” W, 43.52 FEET ALONG THE CENTERLINE OF EXISTING POWER POLES TO AN EXISTING POWER POLE WITHIN THE SOUTH 16TH STREET RIGHT-OF-WAY; THENCE N 00°20'49" W, 97.04 FEET TO THE NORTH LINE OF THE NORTH RIGHT-OF-WAY LINE OF SOUTH 16TH STREET WITH SIDELINES BEING EXTENDED OR SUBTENDED TO TERMINATE AT THE NORTH RIGHT-OF-WAY LINE OF SOUTH 16TH STREET OF SAID SECTION 10. NOTE: BEARINGS SHOWN ARE GRID, IOWA STATE PLANE, NORTH ZONE, US SURVEY FOOT. 10 11 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 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 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 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. 12 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 paragraph 2 above in accordance with this Agreement. Upon discontinuation of Grantee’s 13 3 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 14 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:______________________ 15 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 N02°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. 16 17 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 VET MED SUBSTATION 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 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 Map 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 an electrical substation (“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. 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 18 2 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. Grantee shall not move any fencing around the substation without the permission of Grantor, which will not be delayed or unreasonably withheld. 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 19 3 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 20 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:______________________ 21 EXHIBIT ‘A’ ELECTRICAL EASEMENT DESCRIPTION: PART OF THE EAST HALF OF THE NORTHWEST QUARTER OF SECTION 15, TOWNSHIP 83 NORTH, RANGE 24 WEST OF THE 5TH P.M., STORY COUNTY, IOWA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE NORTH RIGHT-OF-WAY LINE OF HWY #30 AND THE EAST LINE OF THE NW 1/4 OF SAID SECTION 15, THENCE SOUTH 84° 48' 18" WEST, A DISTANCE OF 200.30 FEET ALONG THE NORTH LINE OF THE HIGHWAY #30 RIGHT-OF-WAY; THENCE NORTH 05° 06' 57" WEST, A DISTANCE OF 30.17 FEET; THENCE SOUTH 84° 55' 38" WEST, A DISTANCE OF 20.00 FEET; THENCE NORTH 05° 19' 17" WEST, A DISTANCE OF 117.80 FEET; THENCE NORTH 84° 40' 48" EAST, A DISTANCE OF 20.00 FEET; THENCE NORTH 05° 19' 12" WEST, A DISTANCE OF 18.16 FEET; THENCE NORTH 84° 52' 28" EAST, A DISTANCE OF 34.50 FEET; THENCE NORTH 00° 35' 18" WEST, A DISTANCE OF 48.25 FEET; THENCE NORTH 88° 52' 07" EAST, A DISTANCE OF 150.97 FEET; THENCE NORTH 00° 43' 16" EAST, A DISTANCE OF 76.43 FEET; THENCE SOUTH 89° 56' 20" EAST, A DISTANCE OF 29.30 FEET TO THE EAST LINE OF THE NW 1/4 OF SAID SECTION 15 ; THENCE SOUTH 00° 03' 30" WEST, A DISTANCE OF 278.08 FEET ALONG THE EAST LINE OF THE NW 1/4 OF SAID SECTION 15 TO THE POINT OF BEGINNING. BEARINGS SHOWN ARE GRID, IOWA STATE PLANE, NORTH ZONE, SURVEY FOOT 22 23 Legal Description: See Pages 3 and 6-9 Return document to: 3550 Beardshear Hall, Iowa State University, 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 FIRST AMENDMENT TO EASEMENT FOR ELECTRICAL LINES JACK TRICE WAY This First Amendment to Easement for Electrical Lines is entered into on February 29, 2024, 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”). 1.Grantor holds title to the following real property located in Story County, Iowa: Northwest ¼ of Section 10, Township 83 North, Range 24 West of the 5th P.M., Story County, Iowa (“Property”). 2.On June 30, 1969, Grantor and Grantee entered into an Easement for Electrical Lines in which Grantor granted Grantee an easement to construct electrical lines across a portion of the Property. A copy of said easement is attached hereto as Exhibit A. 3.Grantor and Grantee agree to modify the Easement for Electrical Lines by adding the additional easement areas depicted in the Easement Plat attached hereto as Exhibit B. 4.Except as specifically modified in this First Amendment to Easement for Electrical Lines, the remaining provisions of the Easement for Electrical Lines remain in full force and effect. Signature page follows on next page 24 SIGNATURE PAGE Grantor and Grantee execute this First Amendment to Easement for Electrical Lines 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 , 2024, 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 , 2024, 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 , 2024, by Renee Hall and John A. Haila, as City Clerk and Mayor, respectively, of the City of Ames, Iowa. __________________________________________ Notary Public My commission expires: ______________________ 25 EXHIBIT A 26 27 28 29 EXHIBIT B 30 SHEET OF 2727 S.W. SNYDER BLVD. ANKENY, IA 50023 (515) 964-2020 V:\RefLibrary\CADDStandards\WorkSpace\Standards\Printing\Pen_Tables\date.tbl V8iBWHalfWeightPDF.pltcfg 0030_EXFT adavenport 2/1/2022 V:\Projects\2021\121.0853.01\CADD\1210853_EsmtExhibit.dgn PN: DATE: PM/TECH: FLD BK:PG: SOUTH 4TH ST. EASEMENT AMMENDMENT 1210853 SHEET NAME 2 2 EASEMENT PLAT 0 SCALE (FEET) 300 S. 4th St. SOU THLINE NW 1/4 SEC 10 -83 -24 1252A 1 02/01/2022 EJM/AJD EASEMENT PLAT 0.25 AC (11,100 S.F.) 190.00' 0.01 AC (483 S.F.) EASEMENT AREA (a) EASEMENT AREA (b) CESS NA ST.BEACH AVE UNIVERSITY AVE 210.00' DATED MAY 20, 1969 EXSITING 30 'ELECTRIC UTILITY EASEMENT 2013-00014487 INSTRUMENT NUMBER CORNER CERTIFICATE FND 1/2" SMOOTH BAR SECTION 10-83-24 NW COR, SW1/4, NE1/4 2013-00014488 INSTRUMENT NUMBER CORNER CERTIFICATE FND SPIKE CTR SECTION 10-83-24 2021-13163 INSTRUMENT NUMBER FND CUT "X" SECTION 10-83-24 NW COR 2021-13162 INSTRUMENT NUMBER SET CUT "X" SECTION 10-83-24 W 1/4 COR L1L2 L3 L4 L5 L5 L4 L3 L2 L1 LINE DIMENSIONS 0.09 AC (4,000 S.F.) EASEMENT AREA (c) BEGINNING (c) POINT OF BEGINNING (b) POINT OF BEGINNING (a) POINT OF 31 Template A: City Equipment To Be Installed (October 2023) Legal Description: See pages 6-8 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 TRANSMISSION AND DISTRIBUTION UTILITY EASEMENT AGREEMENT HIGHWAY 30 This Electric Transmission and 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 desires to install electric transmission and distribution system components on the Property. Grantor supports Grantee installing the components 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 constructing, installing, operating, using, maintaining, and repairing electric transmission and distribution system components for overhead 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. 32 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. Construction Requirements. a. Construction Coordination. Grantor and Grantee shall coordinate prior to and during the construction of the Grantee Components. Grantor and Grantee shall each designate at least one representative to serve as its liaison to the other party regarding the construction. b. Construction Plans. Grantee shall submit to Grantor for Grantor’s approval a copy of Grantee’s plans for construction. Grantor’s approval shall not be unreasonably withheld or delayed. Grantee shall ensure that construction is performed in accordance with the approved plans. c. Construction Dates. Grantor and Grantee shall mutually agree on the dates during which the construction activities may occur to diminish any adverse impact on Grantor’s activities on the Property. d. Construction Location. Grantee shall set forth in the construction plans what areas of the Property or other Grantor owned property Grantee will need to use in support of its construction of the Grantee Components. Grantee shall only use those areas set forth in the approved construction plans. Grantee’s use of any other areas of Grantor’s property requires Grantor’s prior written consent. e. Utilities Crossings; Permission from Easement Holder. All crossings of existing sewers, water lines, tile lines, electric lines, telecommunication lines, conduit, or other existing facilities shall be made in cooperation with and subject to the specifications of the engineer or other official of Grantor in charge of such installations. Grantor and Grantee shall cooperate to locate the Easement Area in a manner that minimizes conflicts with any pre-existing easements granted by Grantor. If the Easement Area crosses an easement previously granted by Grantor to a utility provider or other entity, prior to engaging in any construction activities in the Easement Area, and with the assistance of the Grantor, Grantee shall obtain from the easement holder its written consent to the easement granted to Grantee pursuant to this Agreement and submit to Grantor a copy of the written consent. Grantee shall abide by any restrictions imposed by the pre-existing easement holder as a condition of its consent. f. Restoration: Grantee shall set forth in the construction plans Grantee’s plans (if any) for restoring the Property and other Grantor property that Grantee uses in connection with the construction of the Grantee Components once construction is completed. Grantee shall ensure that the restoration is in accordance with the approved plans. 5. Maintenance and Repair. As between Grantor and Grantee, Grantee shall be solely responsible for maintaining and repairing the Grantee Components. 33 3 6. 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. 7. 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. 8. Rights Reserved. Grantor may use the Easement Area for any purpose that does not interfere with Grantee's rights granted in this Agreement. 9. 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. 10. 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. 34 4 11. 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 35 5 Grantor and Grantee execute this Electric Transmission and 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:______________________ 36 EXHIBIT ‘A’ - EASEMENT LEGAL DESCRIPTIONS Page 1 of 2 ELECTRICAL EASEMENT DESCRIPTION - SE 1/4 - NW 1/4: THAT PART OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 LYING NORTH OF HIGHWAY #30 IN SECTION 15-83-24, WEST OF THE 5TH PM, CITY OF AMES, STORY COUNTY, IOWA; MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE SOUTHERLY 30 FEET THEREOF. ELECTRICAL EASEMENT DESCRIPTION - NW 1/4 - NW 1/4: THAT PART OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 EAST OF UNIVERSITY BOULEVARD IN SECTION 15-83-24, WEST OF THE 5TH PM, CITY OF AMES, STORY COUNTY, IOWA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE WESTERLY 15 FEET OF THE SOUTHERLY 521 FEET THEREOF. NOTE: BEARINGS SHOWN HEREON ARE GRID IOWA STATE PLANES, NORTH ZONE, SURVEY FOOT. Page 2 of 2 ELECTRICAL EASEMENT DESCRIPTION: THAT PART OF THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4 LYING NORTH OF HIGHWAY #30 AND LYING EAST OF UNIVERSITY BOULEVARD IN SECTION 15-83-24, WEST OF THE 5TH PM, CITY OF AMES, STORY COUNTY, IOWA; MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE SOUTHERLY 30 FEET; AND ALSO THE SOUTHWESTERLY 15 FEET THEREOF. NOTE: BEARINGS SHOWN HEREON ARE GRID IOWA STATE PLANES, NORTH ZONE, SURVEY FOOT. 37 38 39 Easements From ISU MEI 2/22/24 517 816 437 814 2111 1043 2030 503 513 919 2002 2310 1512 2810 108 111 2012 413 504 2108 603 2108 3200 621 444 2230 2550 601 2042 419 425 1950 2154 2160 515 604 1502 612 2108 1046 415 1013 509 702 1309 535 920 801 2106 2018 1500 1400 2210 2114 2205 Timberland Rd rear 2130 2136 1318 2123 2046 2030 2342 2222 2317 2230 2210 2121 2912 435 2308 2616 414 2198 1506 2010 2109 2176 2010 2025 828 605 505 2123 2325 611 601 2116 2517 522 427 115 2100 2221 1518 602 2037 507 2015 519 2132 114 429 2105 2217 2215 2213 2211 2218 925 634 2136 23272331 703 2060 1900 2243 711 1798 2128 512 2121 1306 2111 508 2111 1830 2016 1026 2133 2103 430 2218 2117 2602 412 2226 535 2007 105 1416 833 2106 2324 2331 502-04 2021 2328 409 1202 117 427 2635 1508 607 2000 804 2108 822 900 2602 Meadow Glen Rd rear 2519 2116 2131 425 2110 507 2021 2028 524 2319 601 2118 2332 518 2297 Hamilton Dr 1499 112 2225 2223 2221 2219 2004 620 2039 1799 Christensen Dr 612 2125 632 503 2114 711 1898 2000 University Blvd 2011 519 2054 2140 1536 2022 2001-03 2249 701 428 2117 502 508 936 2109 1407 2015 1020 817 2224 1500 2107 1410 2499 607 517 436 2720 1404 2335 2012 2018 2225 916 425 2304 2322 939 1898 2728 2113 2009 2014 106 424 1040 512 606 2114 2318 1535 2039 621 2300 521 413 2115 2109 415 2150 514 2031 2315 2030 618 1400 (rear) 1514 615 2110 118 516 2014 1020 2323 428 517 2159 2124 2003 606 2104 528 2109 422 2026 1501 2231 2021 1033 2187 2321 915 521 2217 2218 1207 2019 711 1209 522 2236 2111 2114 2028 503 2033 510 2322 2329 609 1500 2227 523 2025 538 418 2144 2113 1520 2009 2115-17 619 2103 116 512 2105 2222 2138 933 1014 520 602 2015 530 2337 620 2116 1599 516 2237 2127 2108 2034 1835 2129 1034 2160 434 2029 2003 101 2521 2011 2221 2232 834 715 413 2332 635 2615 1201 2520 2322 2013 1025 2334 507 810 419 2706 2004 810 603 1801 2206 2022 1500 517 2009 109 2124 2590 1526 2107 2732 1300 2215 2110 1305 2119 2027 2317 1036 110 518 2019 2236 429 Alumni Ln 2126 2157 618 506-08 2027 2166 611 2137 2003 616 2699 1504 930 1517 531 2137 2016 1301 422 707 2198 410-12 2118 2152 903 2121 530 2107 2132 2340 633 2727 418 2313432431 2020 2219 2820 2100 2004-06 2012 2630 2242 2312 422 2016 2509 2318 919 2212 2703 1101 611 2400 1530 2033 602 2124 421 2115 2130 615 2102 607 2117 601 428 2724 113 2217 522 620 2025 1422 2200 1028 503 1516 510 2022 2167 2131 2313 2026 2006 1525 714 2112 2115 2341 2143 2102 430 711 120 1215 2419 420 2022 2004 2181 2115 531 909 2327 2214 2314 2116 107 613 2103 2004 525 2326-282334 426 2225 827 1214 2215 2114 509 2625 119 2231 1510 925 2104 532 513 2020 421 2692 2118 513 1498 412 2110 2328 2104 2188 2001 2119 507 2048 425 619 2224 624 3201 1955 2143 608 2115 2019 1800 1522 524 2035 1005 525 415 1315 504 2006 2028 2214 1006 428 2133 805 2007 1899 2117 811 1325 2233 2231 2229 2227 1111 1019 2003 2229 103 2220 1312 2215 714 416 910 623 2619 2318 S Riverside DrIronwood Ct MortensenPkwy Ash Ave Cessna St Kildee St State Ave US Highway 30 S 16th St University Blvd Mortensen R d Welch Ave S 4th St Baker St Greenbriar Cir S Riverside Dr University Blvd Ash Ave Meadow Glen North Hayward Ave Ash Ave Access To Vet Med Hayward Ave Access To Iowa State Center Blueberry Ct Stanton Ave Lynn Ave US Highway 30 Mortensen Pkwy Little St Ironwood Ln Ash Ave Country Club Blvd Access To Iowa State Center State Ave Access To Vet Med Graeber St LittleBluestem Ct Access To Iowa State Center Gaskill Dr Mortensen Pkwy Lynn Ave Peach Ln Meadow Glen Rd Meadow Glen Rd Hughes Ave Beach Ave BigBluestemCt Kildee St S 16th St Ashmore Dr US Highway 30 Coneflower Ct Country Club Blvd Ashmore Ct Hayward Ave Hamilton Dr IndiangrassCt Blackberry Ct Gaskill Dr Pearson Ave Stanton Ave Agg Ave Storm St Friley Rd Ironwood Ct Beach Ave Alumni Ln Christensen Dr Kildee St University Blvd Mccarthy R d Storm St State Ave Beach Ave Cessna St Welch Ave Beach Ave University Blvd Jack Trice Way Beach Ave Gaskill Dr Ashmore Dr Gateway Hills Park Dr Country Club Blvd Ashmore Cir Donald St Strawberry Ln Ashmore Dr Welch Ave NO SCALE¯ MORTENSEN RDEASEMENT E. OF UNIVERSITYEASEMENT VET MED SUBSTATIONEASEMENT S. 4TH STREETEASEMENT AMENDMENT HIGHWAY 30EASEMENT 40