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HomeMy WebLinkAboutA027 - Hearing on granting gas pipeline easement on City of Ames property at 601 S. Maple AvenueITEM #:29 DATE:08-26-25 DEPT:PW SUBJECT:GAS PIPELINE EASEMENT ON CITY PROPERTY AT 601 S MAPLE AVE COUNCIL ACTION FORM BACKGROUND: Alliant Energy owns a gas main that crosses Ioway Creek at South 4th Street. The main is attached to the existing roadway bridge at this location. The proposed construction of a new pedestrian bridge directly adjacent the roadway bridge has created a need for Alliant Energy to relocate the gas main from the bridge. Alliant has proposed a new alignment for the gas main, which extends south down South Maple Avenue, west through City of Ames owned property at 601 S Maple Avenue, underneath Ioway Creek, and into privately owned property at 1400 S 4th Street. The new alignment will require an easement to facilitate the access to construct and maintain the gas main running through 601 S Maple Avenue. ALTERNATIVES: 1. Approval of the attached easements creating legal access for Alliant Energy to construct and maintain the proposed gas main through 601 S Maple Avenue. 2. Do not approve the easement. CITY MANAGER'S RECOMMENDED ACTION: The approval of the easement will resolve the conflict that the proposed construction on the South 4th Street pedestrian bridge. The re-alignment of the main will make it so any future bridge construction will not conflict with the gas main. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative #1, as described above. ATTACHMENT(S): City of Ames Easement Appoved Alliant & City Ames Legal.pdf Easement Exhibit_601 S. Maple Ave_.pdf Signed Easement by Alliant.pdf Alliant Gas Pipeline Easement Map.pdf 1 ECRM263562 Rev. 2 01/13 Page 1 Prepared By: Heather Dee - Interstate Power and light Company – PO Box 351, Cedar Rapids, IA 52406 (319) 786-4514 Legal description: See page __4_____. Return To: Courtland Smith, Mi-Tech Services, Inc. 2815 100th St., #310, Urbandale, IA, (515) 210-7619 SAVE ABOVE THIS LINE FOR RECORDER GAS PIPELINE EASEMENT For and in consideration of the sum of One Dollar ($1.00) and other valuable consideration, the receipt of which is hereby acknowledged, City of Ames (“Grantor(s)”), an Iowa municipal corporation (ADDRESS 515 Clark Avenue, Ames, Iowa) do(es) hereby warrant and convey unto Interstate Power and Light Company, an Iowa Corporation, its successor and assigns, (“Grantee”), a perpetual easement with the right, privilege and authority to construct, reconstruct, maintain, operate, repair, patrol and remove a pipeline or lines for the transportation and distribution of gas, steam and other substances, consisting of necessary fixtures, equipment and for communication and electrical controls, including the necessary appurtenances under and on the surface of the ground used, -upon, under, over and across the following described lands located in the County of Story, and the State of Iowa (the “Easement Area”): Part of Lot 12 Keigley’s Addition to the City of Ames as described in full on the Exhibit “A” attached hereto on page 4. , together with all the rights and privileges for the full enjoyment or use thereof for the aforesaid purpose. This grant of easement is subject to the following additional terms: Grantor may use the Easement Area for any purpose that does not interfere with Grantee’s rights granted in this easement. Grantee, its contractor or agent, may enter said premises for the purpose of making surveys and preliminary estimates immediately upon the execution of this easement and shall minimize disruption to Grantor’s use and operations upon the property. The Grantor(s) also grants to the Grantee the right of ingress and egress to said line or lines from adjacent public rights of way for the purpose of constructing, reconstructing, maintaining, operating, patrolling, repairing and removing said line or lines, and the Grantee agrees to pay to the Grantor(s) or its tenants all damages done to the lands (except the cutting and trimming of trees or other vegetation), including crops, field tiles, terraces, fences, equipment or livestock of the Grantor(s) or its tenants, by the Grantee or its employees while constructing, reconstructing, patrolling or repairing said line or lines. Grantor(s) also conveys the right and privilege to trim, cut down or control the growth of any trees or other vegetation which may, in the judgment of the Grantee, interfere with the construction, reconstruction, maintenance, operation, repair or the use of said line or lines. 2 ECRM263562 Rev. 2 01/13 Page 2 The grant of this easement is to Grantee only and cannot be assigned in whole or in part to any other party without the written consent of the Grantor. To the extent allowable by law, Grantee shall indemnify and hold harmless the City of Ames, its officers, employees and agents harmless from any claims, liabilities, damages, fines and expenses arising from the fixtures, equipment, lines and other components placed by Grantee in the Easement Area or arising from Grantee’s use of the Easement Area as contemplated by this agreement, or from any tort arising from the acts or omissions of Grantee or its officers, employees or agents, provided, however, that in no event shall Grantee indemnify Grantor for claims to the extent arising out of the negligent acts or omissions of Grantor, its officers, employees or agents. 3 ECRM263562 Rev. 2 01/13 Page 3 Signed this day of , 20 . GRANTOR(S) City of Ames, Iowa By: By: ALL PURPOSE ACKNOWLEDGMENT STATE OF ) COUNTY OF ) ss: On this day of , AD. 20 , before me, the undersigned, a Notary Public in and for said State, personally appeared to me personally known or provided to me on the basis of satisfactory evidence to be the persons(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. NOTARY SEAL (Sign in Ink) (Print/type name) Notary Public in and for the State of CAPACITY CLAIMED BY SIGNER INDIVIDUAL CORPORATE Title(s) of Corporate Officers(s): N/A Corporate Seal is affixed No Corporate Seal procured PARTNER(s) Limited Partnership General Partnership ATTORNEY-IN-FACT EXECUTOR(s), ADMINISTRATOR(s), or TRUSTEE(s): GUARDIAN(s) or CONSERVATOR(s) OTHER SIGNER IS REPRESENTING: List name(s) of persons(s) or entity(ies): 4 EXHIBIT "A" LOCATED IN PART OF LOT 12 KEIGLEY'S ADDITION TO THE CITY OF AMES IN THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 10. T. 83 N., R. 24 W., OF THE 5TH P.M. STORY COUNTY, IOWA SHEET 3 OF 3 0 3 0 6 0 1" = 6 0 ' S. M A P L E A V E . SE COR SW 1/4 NE 1/4 SEC. 10 T83N R24W FND 12 RR YPC #17161 SOUTH LINE SW 14 NE 14 N00° 58' 07"W 179.02' N89°53'05"E 182.3'KEIGLEY'S ADDITION CENTER SEC. 10-83 24 FND SPIKE S89° 53' 05"W 258.90' PT. LOT 12 LOT 11 LOT 15 LOT 13 LOT 14 FND 12 RR YPC #17161 S00°58'07"E 15.00'N00° 58'07"W 15.00' 607 S. MAPLE AVE BARBER, MARCIA M ZASTROW, STEVEN RYAN 517 S. MAPLE AVE KOERSELMAN, KONNER L KOERSELMAN, KODY J 511 S. MAPLE AVE AMES, CITY OF 601 S. MAPLE AVEAMES, CITY OF POB 1047.09' S89°53'05"W 182.3' (6 0 ' R O W ) QCD 2019-00450 QCD 2022-07186 (CORRECTED) 1400 S. 4TH ST. BALLARD PROPERTIES LLC SPECIAL WARRANTY DEED 2023-03961 1206 S. 4TH ST. ACA STADIUM VIEW STUDENT HOUSING DST 2815 100TH ST., #310 URBANDALE, IA 50322 PHONE: (920)393-5930 CELL: (515)675-3156 LEGAL DESCRIPTION: EASEMENT AREA BEING A STRIP OF LAND 15 FEET WIDE BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SE CORNER OF THE SW 14 OF THE NE 14 OF SECTION 10,T. 83 N., R 24 W. OF THE 5TH P.M., STORY COUNTY, IOWA, THENCE S89° 53' 05"W ALONG THE SOUTH LINE OF THE NE 14 OF SAID SECTION 258.90 FEET; THENCE N00° 58' 07"W 179.02 FEET TO THE POINT OF BEGINNING; THENCE N00° 58' 07"W 15.00 FEET; THENCE N89° 53' 05"E 182.3 FEET TO THE WEST RIGHT OF WAY LINE OF S. MAPLE ST. AS CURRENTLY ESTABLISHED; THENCE S00° 58' 07"E ALONG THE SAID WEST ROW LINE 15.00 FEET; THENCE S89° 53' 05"W 182.3 FEET TO THE POINT OF BEGINNING. 5 6 7 601 South Maple Ave Gas Pipeline Easement Alliant Gas Pipeline Easement Map ¯ IowayCreek IowayCreek S 4 t h S t S 4 t h S t Ames S T O R Y I O W ALocation Map Legend Proposed Gas Main Proposed Gas Pipeline Easement Parcels 0 80 Feet Wednesday, August 6, 2025 8