HomeMy WebLinkAboutA021 - Resolution approving Electric Utility Easement on State of Iowa PropertyITEM #:23
DATE:07-22-25
DEPT:ELEC
SUBJECT:ELECTRIC UTILITY EASEMENT ON STATE OF IOWA PROPERTY
COUNCIL ACTION FORM
BACKGROUND:
The City owns an overhead electric line that is located adjacent to the Union Pacific Railroad
tracks along the north side of the Iowa State University campus. Another overhead electric
line is located along 13th Street, east of Haber Road. Both of these lines are located on State
of Iowa property.
In order to formalize the City's right to maintain these overhead electric lines, it is necessary to
obtain an easement from the Board of Regents. An easement agreement has been prepared
and is attached to this report. If approved by the City Council, the easement agreement will be
presented to the Board of Regents for approval in the fall.
ALTERNATIVES:
1. Approve the Electric Utility Easement on State of Iowa property in order to maintain the
Ames Electric Services overhead electric lines along the north side of the Iowa State
University campus and 13th Street. The easement shall be conditioned upon the
approval by the 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 overhead electric lines.
CITY MANAGER'S RECOMMENDED ACTION:
The overhead electric lines addressed by this proposed easement provide for reliable
electric services to both Iowa State University and Ames Electric Services customers.
In order to continue providing reliable service, these lines must be maintained.
Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative
No. 1, as noted above.
ATTACHMENT(S):
FIN North College Line Electrical Easement w ISU.pdf
1
Template B: City Equipment Already Installed (October 2023)
Legal Description: See pages 5 and 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
NORTH COLLEGE LINE
This Electric Distribution Utility Easement Agreement (“Agreement”) is entered into on
____________________________, 2025, (“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 following real property located in Sections 3 and 4,
Township 84 North, Range 24 West, Ames, Story County, Iowa, and in Sections 33 and 34,
Township 83 North, Range 24 West, 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 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.
2
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.
3
3
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
4
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. 25-_________________,
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 , 2025, by Renee
Hall and John A. Haila, as City Clerk and Mayor, respectively, of the City of Ames, Iowa.
__________________________________________
Notary Public
My commission expires:______________________
5
5
LEGAL DESCRIPTION – EXHIBIT ‘A’
Electric Line Easements for eight strips of land, 10.00 feet in width with 5 feet on each side of the
described centerlines along the existing overhead transmission lines and poles located in the South
Half of the Southwest Quarter of Section 33 and the Southeast Quarter of the Southwest Quarter
of Section 34, Township 84 North, and in the East Half of the Northwest Quarter and the Northeast
Quarter of Section 4, and the Northwest Quarter of Section 3, Township 83 North, all in Range 24
West of the 5th P.M., City of Ames, Story County, Iowa, and with the Electric Line Easements
being further described by the following centerlines:
Commencing at the Southwest Corner of said Section 33; thence N 89°48'11" E, 1042.63 feet
along the South Line of said Section 33; thence N 00°11'49" W, 79.13 feet to a point on the North
Right-of-Way Line of 13th Street and to the Point of Beginning of Easement No. 1; thence N
19°39'48" E, 125.47 feet to a point on the South Right-of-Way Line of the Union Pacific Railroad
and there terminating;
AND continuing from the previous stated terminating point for Easement No. 1, N 19°45'27" E,
149.68 feet; thence S 74°15'27" E, 209.43 feet to a point on the West Line of the SE 1/4 of the SW
1/4 of said Section 33 and to the Point of Beginning of Easement No. 2; thence S 74°15'27" E,
103.85 feet to a point on the Northerly Right-of-way line of 13th Street, and there terminating;
AND, commencing at the Southwest Corner of said Section 33; thence N 89°48'11" E, 1327.71
feet along the South Line of said Section 33 to the SE Corner of the SW 1/4 of the SW 1/4; thence
N 89°48'43" E, 587.42 feet along the South Line of the SE 1/4 of the SW 1/4 of said Section 33;
thence N 00°11'17" W, 88.11 feet to a point on the Southerly Right-of-Way line of 13th Street and
the Point of Beginning of Easement No. 3; thence S 74°15'27" E, 240.12 feet; thence S 66°27'59"
E, 598.66 feet; thence S 66°10'02" E, 1938.46 feet; thence S 66°23'55" E, 1175.15 feet; thence S
66°23'46" E, 177.97 feet; thence S 67°22'01" E, 185.81 feet; thence N 22°55'27" E, 66.17 feet and
there terminating;
AND, commencing at the end point of the second to last call of Easement No. 3, which is S
67°22'01" E, 185.81 feet, and is the Point of Beginning of Easement No. 4, thence S 66°25'02" E,
52.36 feet and there terminating;
AND, commencing at the Southwest Corner of said Section 34; thence N 89°44'11" E, 560.80
feet along the South Line of said SW 1/4; thence S 00°15'49" E, 59.12 feet to the Point of
Beginning of Easement No. 5; thence S 89°34'10" E, 31.81 feet; thence S 89°06'12" E, 572.74
feet; thence N 89°48'58" E, 1338.72 feet; thence N 33°55'10" E,131.36 feet, thence N 89°52'46"
E, 37.60 feet to a point on the East Line of the Southeast Quarter of the Southwest Quarter of said
Section 34 and there terminating;
AND, commencing at the end point of the second to last call of Easement No. 5, which is N
33°55'10" E,131.36 feet, and is the Point of Beginning for Easement No. 6, thence N 33°55'10" E,
33.94 feet and there terminating;
6
6
AND, commencing at the end point of the third to last call of Easement No. 5, which is N 89°48'58"
E, 1338.72 feet, and is the Point of Beginning for Easement No. 7, thence S 47°26'16" W, 49.27
feet and there terminating;
AND, commencing at the end point of the third to last call of Easement No. 5, which is N 89°48'58"
E, 1338.72 feet, and is the Point of Beginning for Easement No. 8, thence S 87°34'19" W, 45.56
feet and there terminating.
[Said electrical easement(s) contain 1.58 acres or 68,883 square feet more or less].
{E A S E M E N T P L A T F O L L O W S }
7
6/11/2025
1 OF 1 8