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HomeMy WebLinkAboutA026 - Resolution approving three Electric Utility Easements on State of Iowa Property (ISU)ITEM #:28 DATE:10-14-25 DEPT:ELEC SUBJECT:ELECTRIC UTILITY EASEMENTS ON STATE OF IOWA PROPERTY COUNCIL ACTION FORM BACKGROUND: There are three locations on State of Iowa property where electric utility easements have been requested by the Electric Services Department. Easement documents (attached) have been prepared to cover the locations of existing electric facilities. The easement locations are as follows: University Boulevard at Haber Road Substation for buried fiber optic cable providing service to CyRide Hyland Avenue between Sheldon Avenue and 13th Street for buried electric facilities on the east side of Hyland Avenue Ironwoood Court for overhead electric facilities and street lighting Staff from Iowa State University Facilities Planning & Management is supportive of the prepared easement documents. A request has been submitted to the Iowa State Board of Regents and is expected to be approved at the November 11-13 Board meeting. ALTERNATIVES: 1. Approve the Electric Utility Easements on State of Iowa property in order to maintain existing electric facilities to the City of Ames customers, including Iowa State University. The easements shall be conditioned upon the approval by the State Board of Regents. 2. Do not approve the Electric Utility Easements of State of Iowa property and direct Electric Services' staff to find alternative locations for the electric facilities. CITY MANAGER'S RECOMMENDED ACTION: An electric utility easement guarantees the City rights to own and maintain its facilities on private property. These easements will ensure that Electric Services can provide reliable service to Ames Electric customers and Iowa State University. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No.1, as noted above. ATTACHMENT(S): Hyland Avenue EUE.pdf CyRide Fiber EUE.pdf Ironwood Ct. EUE.pdf 1 Template B: City Equipment Already Installed (October 2023) Legal Description: See page 5. 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 ALONG HYLAND AVENUE 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 certain real property located in the Southwest Quarter of the Northwest Quarter (SW¼ - NW¼) and the Northwest Quarter of the Southwest Quarter (NW¼ - SW¼), in Section 4, Township 83 North, Range 24 West of the 5th P.M., 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 underground electric line and street lighting electrical system (“Grantee Components”) to provide electrical services to 2 2 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 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 3 3 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 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. , 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:______________________ 5 5 LEGAL DESCRIPTION – EXHIBIT ‘A’ Electrical Easement Description (Shown on first page of Map of Easement attached): PART OF THE NW 1/4 OF THE SW 1/4 OF SECTION 4, TOWNSHIP 83 NORTH, RANGE 24 WEST OF THE 5TH P.M.; CITY OF AMES, STORY COUNTY, IOWA MORE PARTICULARLY BEING DESCRIBED AS FOLLOWS: A 30 FOOT BY 30 FOOT SQUARE, ADJACENT TO THE EAST RIGHT-OF-WAY LINE OF HYLAND AVENUE, LYING EAST OF THE EAST RIGHT-OF-WAY LINE OF HYLAND AVENUE, WITH THE MIDPOINT OF THE WEST LINE OF SAID EASEMENT BEING 119 FEET NORTH OF THE INTERSECTION OF THE NORTH RIGHT-OF-WAY LINE OF SHELDON AVENUE AND HYLAND AVENUE. -AND- Electrical Easement Description (Shown on second page of Map of Easement attached) THAT PART OF THE SW 1/4 OF THE NW 1/4 OF SECTION 4, TOWNSHIP 83 NORTH, RANGE 24 WEST OF THE 5TH P.M.; CITY OF AMES, STORY COUNTY, IOWA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: AN EASEMENT BEING 12 FEET EAST- WEST, AND 30 FEET NORTH-SOUTH, LYING EAST OF, AND ADJACENT TO THE EAST RIGHT-OF-WAY LINE OF HYLAND AVENUE, WITH THE MIDPOINT POINT OF THE WEST LINE OF THE EASEMENT BEING: SAID MIDPOINT BEING 164 FEET SOUTH OF THE INTERSECTION OF THE EASTERLY EXTENSION OF THE SOUTHERLY RIGHT-OF-WAY LINE OF ROSS ROAD AND THE EAST RIGHT-OF-WAY LINE OF HYLAND AVENUE, AND ALSO, SAID MIDPOINT BEING 138 FEET NORTH OF THE EASTERLY EXTENSION OF THE NORTHERLY RIGHT-OF-WAY LINE OF FOREST HILLS DRIVE AND THE EAST RIGHT-OF-WAY LINE OF HYLAND AVENUE. [ M A P O F E A S E M E N T A T T A C H E D O N F O L L O W I N G P A G E S ] 6 7 8 Template B: City Equipment Already Installed (October 2023) Legal Description: See page 5-8. 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 BURIED FIBER OPTIC CABLE EASEMENT AGREEMENT UNIVERSITY BOULEVARD AT HABER ROAD SUBSTATION This Fiber Optic Cable 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 certain real property located in the Southwest Quarter (SW 1/4) of Section 3, Township 83 North, Range 24 West of the 5th P.M., 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 buried underground fiber optic cable on the Property. Grantor supports the buried underground fiber optic cable 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 a buried underground fiber optic cable (“Grantee Components”) to provide for high-speed data transmission services to Grantor and others. Grantee must obtain Grantor’s prior written approval for any other use of the Easement Area. 9 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 high speed data transmission 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 underground fiber optic cable 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 the Grantee Components in connection with the relocation, Grantee shall be responsible for the cost of the upgraded Grantee Components unless Grantor 10 3 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 buried underground fiber optic cable 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 11 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:______________________ 12 5 LEGAL DESCRIPTION – EXHIBIT ‘A’ Fiber Optic Cable Easement #1 Description: PART OF THE SOUTHWEST QUARTER OF SECTION 3, TOWNSHIP 83 NORTH, RANGE 24 WEST OF THE 5TH P.M., LYING SOUTH OF UNIVERSITY AVENUE AND WEST OF HABER ROAD, STORY COUNTY, IOWA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: A 5 FOOT EASEMENT, CENTERED ON THE EXISTING BURIED FIBER OPTIC LINE DESCRIBED AS FOLLOWS; COMMENCING AT THE SW CORNER OF SAID SECTION 3; THENCE N 00° 46' 36" W, A DISTANCE OF 2354.23 FEET ALONG THE WEST LINE OF SAID SECTION 3; THENCE N 89° 13' 24" E, A DISTANCE OF 68.26 FEET TO THE POINT OF BEGINNING AT THE CENTERLINE OF THE BURIED FIBER OPTIC LINE AND THE NORTH LINE OF AN ELECTRICAL EASEMENT TO THE CITY OF AMES; THENCE CONTINUING ALONG THE CENTERLINE OF THE BURIED FIBER OPTIC LINE NORTH 21° 52' 57" EAST, 18.76 FEET; THENCE NORTH 15° 20' 59" EAST, A DISTANCE OF 209.69 FEET; THENCE NORTH 07° 07' 25" EAST, A DISTANCE OF 41.87 FEET, AND THERE TERMINATING. -AND- Fiber Optic Cable Easement #2 Description: PART OF THE SOUTHWEST QUARTER OF SECTION 3, TOWNSHIP 83 NORTH, RANGE 24 WEST OF THE 5TH P.M., LYING SOUTH OF UNIVERSITY AVENUE AND WEST OF HABER ROAD, STORY COUNTY, IOWA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: A 5 FOOT EASEMENT, CENTERED ON THE EXISTING BURIED FIBER OPTIC LINE DESCRIBED AS FOLLOWS; COMMENCING AT THE SW CORNER OF SAID SECTION 3; THENCE N 00° 46' 36" W, A DISTANCE OF 2354.23 FEET ALONG THE WEST LINE OF SAID SECTION 3; THENCE N 89° 13' 24" E, A DISTANCE OF 68.26 FEET; THENCE SOUTH 77° 18' 53" EAST, A DISTANCE OF 20.50 FEET TO THE POINT OF BEGINNING AT THE CENTERLINE OF THE BURIED FIBER OPTIC LINE AND THE NORTH LINE OF AN ELECTRICAL EASEMENT TO THE CITY OF AMES; THENCE CONTINUING ALONG THE CENTERLINE OF THE BURIED FIBER OPTIC LINE NORTH 29° 25' 02" EAST, 77.43 FEET; THENCE NORTH 31° 53' 34" EAST, A DISTANCE OF 51.80 FEET; THENCE NORTH 32° 44' 24" EAST, A DISTANCE OF 85.11 FEET; THENCE NORTH 64° 37' 22" EAST, A DISTANCE OF 7.38 FEET; THENCE NORTH 84° 31' 34" EAST, A DISTANCE OF 11.30 FEET; THENCE NORTH 74° 26' 02" EAST, A DISTANCE OF 35.64 FEET; THENCE NORTH 80° 38' 58" EAST, A DISTANCE OF 25.79 FEET; THENCE NORTH 89° 14' 02" EAST, A DISTANCE OF 32.61 FEET; THENCE SOUTH 81° 27' 32" EAST, A DISTANCE OF 25.65 FEET; THENCE SOUTH 78° 37' 22" EAST, A DISTANCE OF 41.40 FEET; THENCE SOUTH 72° 45' 47" EAST, A DISTANCE OF 24.43 FEET; THENCE SOUTH 66° 58' 04" EAST, A DISTANCE OF 59.86 FEET; THENCE SOUTH 68° 42' 59" EAST, A DISTANCE OF 93.10 FEET; THENCE SOUTH 65° 07' 10" EAST, A DISTANCE OF 62.27 FEET; THENCE SOUTH 61° 15' 32" EAST, A DISTANCE OF 31.79 FEET; THENCE SOUTH 53° 41' 43" EAST, A DISTANCE OF 34.33 FEET; THENCE 13 6 SOUTH 63° 17' 49" EAST, A DISTANCE OF 108.76 FEET; THENCE SOUTH 68° 22' 30" EAST, A DISTANCE OF 57.95 FEET; THENCE SOUTH 61° 17' 24" EAST, A DISTANCE OF 29.85 FEET; THENCE SOUTH 62° 03' 26" EAST, A DISTANCE OF 66.20 FEET; THENCE SOUTH 64° 27' 43" EAST, A DISTANCE OF 69.92 FEET; THENCE SOUTH 64° 56' 15" EAST, A DISTANCE OF 170.64 FEET; THENCE SOUTH 73° 56' 54" EAST, A DISTANCE OF 48.47 FEET; THENCE SOUTH 64° 17' 06" EAST, A DISTANCE OF 10.85 FEET; THENCE SOUTH 52° 29' 47" EAST, A DISTANCE OF 59.46 FEET; THENCE SOUTH 49° 16' 41" EAST, A DISTANCE OF 139.55 FEET; THENCE SOUTH 55° 45' 27" EAST, A DISTANCE OF 84.36 FEET; THENCE SOUTH 46° 35' 05" EAST, A DISTANCE OF 28.46 FEET; THENCE SOUTH 52° 24' 29" EAST, A DISTANCE OF 62.41 FEET; THENCE SOUTH 27° 36' 39" WEST, A DISTANCE OF 32.98 FEET; THENCE SOUTH 33° 43' 49" WEST, A DISTANCE OF 39.09 FEET; THENCE SOUTH 21° 23' 07" WEST, A DISTANCE OF 37.36 FEET; THENCE SOUTH 14° 56' 09" WEST, A DISTANCE OF 27.31 FEET; THENCE SOUTH 30° 49' 02" WEST, A DISTANCE OF 23.91 FEET TO THE END OF THE BURIED FIBER OPTIC LINE AT THE FACE OF THE BUILDING, WITH SIDELINES BEING EXTENDED OR SUBTENDED TO TERMINATE AT THE FACE OF THE BUILDING. [ M A P O F E A S E M E N T A T T A C H E D O N F O L L O W I N G P A G E S ] 14 FOR RECORDER USE ONLY INDEX LEGEND LOCATION NW 1/4 OF THE SW 1/4 OF SECTION 3, T-83-N, R-24-W STORY COUNTY, IOWA RE QUESTOR: 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 MAP OF EASEMENT NW 1/4 OF THE SW 1/4 OF SEC 3, T-83-N, R-24-W AMES, STORY COUNTY OCTOBER 2020 5' FIBER OPTIC EASEMENT #1 PART OF THE SOUTHWEST QUARTER OF SECTION 3, TOWNSHIP 83 NORTH, RANGE 24 WEST OF THE 5TH P.M., LYING SOUTH OF UNIVERSITY AVENUE AND WEST OF HABER ROAD, STORY COUNTY, IOWA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: A 5 FOOT EASEMENT, CENTERED ON THE EXISTING BURIED FIBER OPTIC LINE DESCRIBED AS FOLLOWS; COMMENCING AT THE SW CORNER OF SAID SECTION 3; THENCE N 00° 46' 36" W, A DISTANCE OF 2354.23 FEET ALONG THE WEST LINE OF SAID SECTION 3; THENCE N 89° 13' 24" E, A DISTANCE OF 68.26 FEET TO THE POINT OF BEGINNING AT THE CENTERLINE OF THE BURIED FIBER OPTIC LINE AND THE NORTH LINE OF AN ELECTRICAL EASEMENT TO THE CITY OF AMES; THENCE CONTINUING ALONG THE CENTERLINE OF THE BURIED FIBER OPTIC LINE NORTH 21° 52' 57° EAST, 18.76 FEET; THENCE NORTH 15° 20' 59 EAST, A DISTANCE OF 209.69 FEET; THENCE NORTH 07° 07' 25" EAST, A DISTANCE OF 41.87 FEET, AND THERE TERMINATING. 5' FIBER OPTIC EASEMENT #2 PART OF THE SOUTHWEST QUARTER OF SECTION 3, TOWNSHIP 83 NORTH, RANGE 24 WEST OF THE 5TH P.M., LYING SOUTH OF UNIVERSITY AVENUE AND WEST OF HABER ROAD, STORY COUNTY, IOWA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: A 5 FOOT EASEMENT, CENTERED ON THE EXISTING BURIED FIBER OPTIC LINE DESCRIBED AS FOLLOWS; COMMENCING AT THE SW CORNER OF SAID SECTION 3; THENCE N 00° 46' 36" W, A DISTANCE OF 2354.23 FEET ALONG THE WEST LINE OF SAID SECTION 3; THENCE N 89° 13' 24" E, A DISTANCE OF 68.26 FEET; THENCE SOUTH 77' 18' 53" EAST, A DISTANCE OF 20.50 FEET TO THE POINT OF BEGINNING AT THE CENTERLINE OF THE BURIED FIBER OPTIC LINE AND THE NORTH LINE OF AN ELECTRICAL EASEMENT TO THE CITY OF AMES; THENCE CONTINUING ALONG THE CENTERLINE OF THE BURIED FIBER OPTIC LINE NORTH 29' 25' 02" EAST, 77.43 FEET; THENCE NORTH 31° 53' 34" EAST, A DISTANCE OF 51.80 FEET; THENCE NORTH 32° 44' 24" EAST, A DISTANCE OF 85.11 FEET; THENCE NORTH 64° 37' 22" EAST, A DISTANCE OF 7.38 FEET; THENCE NORTH 84° 31' 34" EAST, A DISTANCE OF 11.30 FEET; THENCE NORTH 74° 26' 02" EAST, A DISTANCE OF 35.64 FEET; THENCE NORTH 80° 38' 58" EAST, A DISTANCE OF 25.79 FEET; THENCE NORTH 89' 14' 02" EAST, A DISTANCE OF 32.61 FEET; THENCE SOUTH 81° 27' 32" EAST, A DISTANCE OF 25.65 FEET; THENCE SOUTH 78° 37 22" EAST, A DISTANCE OF 41.40 FEET; THENCE SOUTH 72° 45' 47" EAST, A DISTANCE OF 24.43 FEET; THENCE SOUTH 66° 58' 04" EAST, A DISTANCE OF 59.86 FEET; THENCE SOUTH 68° 42' 59" EAST, A DISTANCE OF 93.10 FEET; THENCE SOUTH 65° 07' 10" EAST, A DISTANCE OF 62.27 FEET; THENCE SOUTH 61° 15' 32" EAST, A DISTANCE OF 31.79 FEET; THENCE SOUTH 53° 41' 43" EAST, A DISTANCE OF 34.33 FEET; THENCE SOUTH 63° 17' 49" EAST, A DISTANCE OF 108.76 FEET; THENCE SOUTH 68° 22' 30" EAST, A DISTANCE OF 57.95 FEET; THENCE SOUTH 61° 17' 24" EAST, A DISTANCE OF 29.85 FEET; THENCE SOUTH 62° 03' 26" EAST, A DISTANCE OF 66.20 FEET; THENCE SOUTH 64° 27' 43" EAST, A DISTANCE OF 69.92 FEET; THENCE SOUTH 64' 56' 15" EAST, A DISTANCE OF 170.64 FEET; THENCE SOUTH 73° 56' 54" EAST, A DISTANCE OF 48.47 FEET; THENCE SOUTH 64' 17' 06" EAST, A DISTANCE OF 10.85 FEET; THENCE SOUTH 52° 29' 47" EAST, A DISTANCE OF 59.46 FEET; THENCE SOUTH 49° 16' 41" EAST, A DISTANCE OF 139.55 FEET; THENCE SOUTH 55° 45' 27" EAST, A DISTANCE OF 84.36 FEET; THENCE SOUTH 46° 35' 05" EAST, A DISTANCE OF 28.46 FEET; THENCE SOUTH 52° 24' 29" EAST, A DISTANCE OF 62.41 FEET; THENCE SOUTH 27° 36' 39" WEST, A DISTANCE OF 32.98 FEET; THENCE SOUTH 33° 43' 49" WEST, A DISTANCE OF 39.09 FEET; THENCE SOUTH 21° 23' 07" WEST, A DISTANCE OF 37.36 FEET; THENCE SOUTH 14' 56' 09" WEST, A DISTANCE OF 27.31 FEET; THENCE SOUTH 30° 49' 02" WEST, A DISTANCE OF 23.91 FEET TO THE END OF THE BURIED FIBER OPTIC LINE AT THE FACE OF THE BUILDING, WITH SIDELINES BEING EXTENDED OR SUBTENDED TO TERMINATE AT THE FACE OF THE BUILDING. LINE TABLE LINE TABLE LINE TABLE LINE # LENGTH BEARING LINE # LENGTH BEARING LINE # LENGTH BEARING Ll 18.76 N2152'57"£ L14 24.43 $7245'47"£ L27 10.85 S64"17'05"£ L2 209.69 N15"20'59"£ LlS 59.86 S6658'04"£ L28 59.46 S5229'47"£ L3 41.87 NT07'25 LI6 93.10 S6842'59"£ L29 139.55 S4916'41"£ L4 77.43 N29"25'02"€ L17 62.27 S6507'10"£ L30 84.36 S5545'27"£ LS 51.80 N31"53'34"£ L18 31.79 56115'32"£ L31 28.46 5$4635'05"£ L6 85.11 N32°44'24"£ L19 34.33 S5341'43"£ L32 62.41 55224'23"£ L7 7.38 N6437'22"£ L20 108.76 $6317'49£ L33 32.98 5$2736'33"W L8 11.30 N8431'34"£ L21 57.95 $68"22'30£ L34 39.09 $33°43'49"W L9 35.64 N7426'02"£ L22 29.85 56117'24£ L35 37.36 $21"23'07"W llO 25.79 N80"38'58"£ l23 66.20 $62"03'26"£ L36 27.31 S14°56'03"W lll 32.61 N8914'02"£ L24 69.92 5S6427'43£ L37 23.91 S30°49'02"W L12 25.65 S8127'32"£ L25 170.64 S64°56'15"£ ll3 41.40 57837'22£ L26 48.47 $7356'54"£ r he,~: "rtify that this laad s,Neylog doc,meot was MAP OF EASEMENT prepa d by meand was performed Gs r:• mde,m~N o>odthatl ly licensed S veyot under the is of the /#h2® ggflgw&e ~ NW 1/4 OF THE SW 1/4 OF SEC 3, T-83-N,, R-24-W, CITY OF AMES, STORY COUNTY, IOWA Aon. on) - ! t// SHEET ; [jj over ]gf F!mtas1L.S.l""- \'::{~-~'.'.~.'.5. .. fi/ REG NO. 1 35 ®) sere 1519 BALTIMORE DRIVE 1 AMES, IOWA 50010 . MY LICENSE RENEWAL DATE IS 12/31/2022 &MENK (515) 233-6100 OF «3.2Cw PAGES OR SHEETS COVERED BY THIS SEAL: 2 a THIS SHEET fib4III A IYrg Y HAAMES\A1S1 2048 7\CAD\€C30\120487_V_8AS£_E1.OWG 12/1/2021 10.11 AM 15 NW CORNER SECTION 3-83-24 MAP OF EASEMENT I ~ V P.O.B. EASEMENT #1 0 75 «ore STS SCALE N 8913'24" E 68.26' rn (I <f Lu c I = O (Y o <t ' o z LEGEND: -- F ---- POINT OF COMMENCEMENT SW CORNER SEC. 3-83-24 F FIBER UNDERGROUND - - - - - - - - - - EASEMENT CYRIDE BUILDING 150 FEET < = 0 > [> z => 0 u >- or 0 }-> h c LL ~ < LL. I- 0 z >- LLI > ~ o LI > n ~ < (\ LL I I cc u... 0 z ' r Cl.. 00 < I -> ~ co u LL n LL. 0 <t - p I = n LL 1 f- LL. 0 <t - g[ E z ( 6 (I 2¥ oz ±5! 6= ti et €© H:AAMES\A1S120487\CAD\C3D\120487_V_BASE_E1.dwg 12/1/2021 10:15 AM 16 Template B: City Equipment Already Installed (October 2023) Legal Description: See pages 5-8. 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 DISTRIBUTION UTILITY EASEMENT AGREEMENT IRONWOOD COURT LINES 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 real property located in the Northeast Quarter of the Northeast Quarter (NE1/4 – NE1/4) of Section 16, Township 83 North, Range 24 West, 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 Plats of Easement, which are attached as Exhibits A & B and made part of this Agreement, and as legally described in Exhibits A & B (“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 as shown on Exhibit A and for underground electrical lines and above-ground street lighting poles as shown on Exhibit B (“Grantee Components”) to provide electrical services to 17 2 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 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 18 3 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 19 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:______________________ 20 5 LEGAL DESCRIPTION – EXHIBIT ‘A’ A TEN FOOT EASEMENT, CENTERED ON THE FOLLOWING DESCRIBED CENTERLINE ON PART OF THE PARCEL DESCRIBED IN INSTRUMENT #2007-08433, IN THE OFFICE OF THE RECORDER OF STORY COUNTY, IOWA; MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID PARCEL, ALSO BEING THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 16-83-24; THENCE N 89°29'50" W, 228.88 FEET ALONG THE SOUTH LINE OF SAID PARCEL TO THE POINT OF BEGINNING AT THE CENTERLINE OF THE 10 FOOT EASEMENT, 5 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE OF THE EXISTING POWER POLES; THENCE N 10°45'04" E, 429.81 FEET; THENCE S 89°34'15" E, 150.98 FEET TO THE EAST LINE OF SAID PARCEL, WITH SIDELINES BEING EXTENDED OR SUBTENDED TO TERMINATE AT SAID EAST PARCEL LINE, AND THERE TERMINATING. { E A S E M E N T P L A T F O L L O W S }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~ or--·•... . F7 TUMVUU37CCCCC =W ?0 ·L,,J• I :o: JX ."u.,.' J :o: =Y .. L,,J.. I S YS2 )1Q3FSQ3P $429.81'· . J! Irr, =M=J ~ :·O: Lrr, m ------------ --- - ?",)0 "!@$.,)),).Z )8HR:HSFQP ;::8C6778S %$)0$#*,)$"!1Q !""0 $*$%0#,%/*$/($>$)06 2 %$)0$#$&")$-,(0,). '0,*,0+?"*$( I L1Q!""0 "B$#4$/&$*$%0#,%/*$/($>$)0 LO[\] H^ /0$)!""0 $/($>$)06 %$)0$#$&")04$!"**";,). &$(%#,@$&%$)0$#*,)$")?/#0 "!04$?/#%$*&$(%#,@$& ,),)(0#'>$)0 D:QQE7Q83996 ,)04$"!!,%$"!04$ #$%"#&$#"!(0"#+%"')0+6 ,";/_>"#$?/#0,%'*/#*+ &$(%#,@$&/(!"**";(= m J --/ I I I I %">>$)%,)./0 04$("'04$/(0 %"#)$#"!(/,& ?/#%$*6 /*("@$,).04$("'04$/(0 %"#)$#"!04$ )"#04$/(0 <'/#0$#"!04$)"#04$/(0 <'/#0$#"! ($%0,")157897:3_04$)%$)8HP:HSFQP ;6 ::8C88 !$$0 /*").04$("'04 *,)$"!(/,&?/#%$*0"04$?",)0 "! @$.,)),)./0 04$%$)0$#*,)$"!04$1Q !""0 $/($>$)06 F !$$0 ")$/%4 (,&$"!04$!"**";,). &$(%#,@$&%$)0$#*,)$"!04$$-,(0,).?";$#?"*$(_ 04$)%$)1Q3FSQ3P $6 3:HC81 !$$0_04$)%$(8H93S1FP $6 1FQCH8 !$$0 0"04$$/(0 *,)$"!(/,&?/#%$*6 ;,04 (,&$*,)$(@$,).$-0$)&$&"#('@0$)&$&0"0$#>,)/0$ /0 (/,&$/(0 ?/#%$**,)$6 /)&04$#$0$#>,)/0,).C m m `R[(/^ I ~ y *$.$)&= /!"')&($%0,")%"#)$#/()"0$& !!"')&F28P #$@/# Z *,.40 ?"*$ J:f ?"*$7'0,*,0+X $$*$%0#,%')&$#.#"')& "$"B$#4$/&$*$%0#,% 1QQ , !$$0 Q \M MN ?(0P(0 (%/*$ OVERHEAD ELECTRICAL $/($>$)0 7 $-4,@,0 'A' 1/4 "!04$)$1/4 "!($%0,")157897:36 0"04$%,0+"!/>$(6 (0"#+%"')0+6 ,";/ (4$$0 1 "! 1 1F1H @/*0,>"#$&#,B$ />$(6 ,";/FQQ1Q aF1Fb :99751QQ accd@"*0") e2A >$)G #$.C )"C fcf9F ?/.$("#(4$$0(%"B$#$&@+04,(($/*= 04,((4$$0 gf66P\\,M26H`c:C APfQ..,,•······ ·······~\ U<_$'.$)$#C hU iYj M\\k$l UFd 1EF9F _LcY d 2 Z"*"•····•· .. ·········* ,.#' 66 S "m/66/2nooJ p"@ )'>@$#=/1FC1:Q38E4=//>$(d/1F1:Q38Ed%/&d%9&d1:Q38EqBq@/($q$:'($C&;.1129Q2:Q:1 3C1:?> 22 7 LEGAL DESCRIPTION – EXHIBIT ‘B’ ELECTRIC EASEMENT #1 A TEN FOOT EASEMENT, CENTERED ON THE FOLLOWING DESCRIBED CENTERLINE ON PART OF THE PARCEL DESCRIBED IN INSTRUMENT #2007-08433, IN THE OFFICE OF THE RECORDER OF STORY COUNTY, IOWA; MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID PARCEL, ALSO BEING THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 16-83-24; THENCE N 89'29'50" W, 53.05 FEET ALONG THE SOUTH LINE OF SAID PARCEL TO THE POINT OF BEGINNING AT THE CENTERLINE OF THE 10 FOOT EASEMENT, 5 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE, CENTERED ON EXISTING UTILITY POLES; THENCE N 00'38'31" E, 327.01 FEET, AND THERE TERMINATING. ELECTRIC EASEMENT #2 A TEN FOOT EASEMENT, CENTERED ON THE FOLLOWING DESCRIBED CENTERLINE ON PART OF THE PARCEL DESCRIBED IN INSTRUMENT #2007-08433, IN THE OFFICE OF THE RECORDER OF STORY COUNTY, IOWA; MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID PARCEL, ALSO BEING THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 16-83-24; THENCE N 89°29'50" W, 181.61 FEET ALONG THE SOUTH LINE OF SAID PARCEL TO THE POINT OF BEGINNING AT THE CENTERLINE OF THE 10 FOOT EASEMENT, 5 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE, CENTERED ON EXISTING UTILITY POLES; THENCE N 08°22'31" E, 416.93 FEET, AND THERE TERMINATING. { E A S E M E N T P L A T F O L L O W S } 23 24