HomeMy WebLinkAboutA008 - Resolution approving an Easement Agreement between the City and Iowa State University (ISU) to place a bridge and future shared use path on ISU PropertyITEM #:12
DATE:05-12-26
DEPT:P&R
SUBJECT:MOORE MEMORIAL PARK AND FUTURE SHARED USE PATH EASEMENT
COUNCIL ACTION FORM
BACKGROUND:
In the City's Bicycle and Pedestrian Plan adopted by City Council in June 2024, it includes a
shared use path from Moore Memorial Park, across Ioway Creek, and continuing along Scholl
Road to Ontario Street. The first step for this path is to acquire easements on Iowa State
University (ISU) property. Staff has been working with ISU staff on developing an easement
agreement so a bridge can be installed over Ioway Creek and a future shared use path can be
installed on ISU property. A map of the easements is included in the attached agreement.
The effective date of the agreement is July 1, 2026. A summary of the agreement is shown
below:
Paragraph 2 Use - Defines the City shall use the easement area for the purpose of
constructing, installing, using, maintaining, and repairing a bridge and a shared use path that
is open to use by the public. Additionally, the City (Grantee) and ISU (Grantor) may use the
easement area as a route for maintenance vehicles and/or emergency vehicles.
Paragraph 4. b. Construction Plans - Unless mutually agreed otherwise, construction plans
shall require the following: (i) bridge will be a prefabricated steel truss style with concrete
abutments; (ii) bridge width and weight capacity (10,000 lbs recommended) must
accommodate maintenance and emergency vehicles; (iii) the bridge must include bollards to
prevent unauthorized vehicle access; (iv) path will be hard surfaced; (v) path will be no more
than 12' wide with 10' wide low-growing landscape buffer on each side where feasible; (vi)
screening to be installed to prevent public access to the Veenker Memorial Golf Course from
the shared use path; (vii) access points to be installed in the screening as requested by
Grantor; and (viii) relocate bulk material storage pad. The Grantee shall be solely responsible
for all expenses associated with the construction.
Paragraph 5 Maintenance and Repair - Grantee shall be solely responsible at its expense
for maintaining and repairing the easement area. Any damage caused by the Grantor will be
the sole responsibility of the Grantor.
Paragraph 10 Duration - 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.
Once this agreement is approved by City Council, it will go the Board of Regents on June 9 for
approval.
Please note that funding of $400,000 is included in the 2026/27 CIP for installation of a bridge
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over Ioway Creek. The funding includes an already awarded $200,000 Resource
Enhancement and Protection (REAP) grant from the Iowa DNR. Public Works included
$25,000 in its 2024/25 CIP for trail design and $100,000 in its 2025/26 CIP to construct a path
from Moore Memorial Park to the bridge. The goal is to get this first phase of path and bridge
completed in FY 2026/27.
ALTERNATIVES:
1. Approve the easement agreement with Iowa State University (ISU) to place a bridge and
future shared use path on ISU property
2. Do not approve the lease agreement
3. Refer back to staff
CITY MANAGER'S RECOMMENDED ACTION:
A trail connection from Moore Memorial Park to Ontario Street has been discussed for many
years and would provide residents and ISU students a new route between these sections of
town. This trail will also provide access to the recently planted prairie in Moore Memorial Park
on the west side of Ioway Creek.
To bring this trail connection to reality, it is necessary for the City to obtain an
easement from ISU. Approval of the easement agreement before Council will allow the
work to begin. Both ISU and the City realize the benefits this trail will provide to all
users. Therefore, it is the City Manager's recommendation to approve Alternative #1 as stated
above.
ATTACHMENT(S):
Bridge & Shared Use Path Easement wExhibits.pdf
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Legal Description: See pages 7-10
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
EASEMENT AGREEMENT
VEENKER MEMORIAL GOLF COURSE BRIDGE AND SHARED USE PATH
This Easement Agreement (“Agreement”) is entered into on July 1, 2026 (“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 a bridge and a shared use path (SUP) on the Property. Grantor
supports Grantee installing a bridge and a shared use path on the Property and is willing to
grant Grantee an easement across the Property in accordance with the terms of this
Agreement. The paving of the SUP may be phased over several years as funding becomes
available.
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 Exhibit 1 and legally described in Exhibits A-D, all of which are made part of this
Agreement (“Easement Area”).
2. Use. Grantee shall use the Easement Area for the purpose of constructing, installing, using,
maintaining, and repairing a bridge and a shared use path. The parties acknowledge that the
bridge and the shared use path will be open to use by members of the public, and Grantor
and Grantee may use the bridge and shared use path as other members of the public may
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use it. In addition, Grantor and Grantee may use the Easement Area as a route for
maintenance vehicles and/or emergency vehicles.
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 bridge and the shared use path. 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 of the bridge and the shared use path. Grantor’s
approval shall not be unreasonably withheld or delayed. Unless mutually agreed
otherwise, such construction plans shall require the following: (i) the bridge will be a
prefabricated steel truss style with concrete abutments; (ii) the bridge width and
weight capacity (10,000 lbs recommended) must accommodate maintenance and
emergency vehicles; (iii) the bridge must include bollards to prevent unauthorized
vehicle access; (iv) the path will be hard surfaced; (v) the path will be no more than
12’ wide with 10’ wide low-growing landscape buffer on each side where feasible;
(vi) screening to be installed to prevent public access to the Veenker Memorial Golf
Course from the shared use path; (vii) access points to be installed in the screening as
requested by Grantor and (viii) relocate bulk material storage pad. Grantee shall
ensure that construction is performed in accordance with the approved plans. As
between Grantor and Grantee, Grantee shall be solely responsible for all expenses
associated with the construction.
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. 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
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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 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 at its expense for maintaining and repairing the Easement Area, including but
not limited to the bridge, bollards, the shared use path, the landscape buffer, , access points,
and screening. Grantee shall provide to Grantor contact information for the individual
Grantor may contact if Grantor believes maintenance or repairs are needed and to whom
Grantor may refer inquiries received from members of the public. Any damage caused by
the Grantor will be the sole responsibility of the Grantor.
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. Any damage caused by the Grantor will be the
sole responsibility of the Grantor.
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 bridge or shared use path,
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. The benefits the bridge and shared use trail provides to Grantor, including
providing an alternative walking/biking route for students, faculty, and staff, serve as
consideration for this easement.
8. Rights Reserved. Grantor may use the Easement Area for any purpose that does not interfere
with Grantee's rights granted in this Agreement.
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9. Relocation. Grantor may require Grantee to relocate all or a portion of 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 the bridge and shared use path and to Grantor’s future land use and
minimizes relocation costs. If the relocation occurs in the first five years from the date of
this Agreement, Grantor shall reimburse to Grantee the actual cost of relocation and
Grantee will perform the relocation. After five years from the date of this Agreement,
Grantor shall have no obligation to pay for the cost of relocation unless mutually agreed
otherwise. If Grantee wishes to upgrade the bridge or shared use path in connection with
the relocation, Grantee shall be responsible for the cost of the upgraded bridge or shared
use path 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 bridge and shared
use path from the Easement Area at Grantee’s sole expense.
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
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Grantor and Grantee execute this 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:______________________
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EXHIBIT A, SHARED USE PATH EASEMENT
A THIRTY (30) FOOT WIDE SHARED USE PATH EASEMENT LOCATED IN THE
NORTHEAST QUARTER OF THE SOUTHWEST QUARTER IN SECTION 33, TOWNSHIP
84 NORTH, RANGE 24 WEST OF THE 5TH P.M., STORY COUNTY IOWA, DESCRIBING
THE CENTERLINE AS FOLLOWS:
COMMENCING AT THE CENTER CORNER OF SAID SECTION 33, THENCE S
89°55’16” W, TO A POINT ON THE NORTH LINE OF SAID NORTHEAST QUARTER OF
THE SOUTHWEST QUARTER IN SECTION 33, A DISTANCE OF 979.57 FEET TO THE
POINT OF BEGINNING; THENCE S 53°55’46” W, A DISTANCE OF 11.31 FEET TO THE
BEGINNING OF A 13.69 FOOT LONG CURVE TO THE RIGHT, WITH A 50.00 FOOT
RADIUS AND A CHORD DISTANCE OF 13.64 FEET; THENCE S 69°36’42” W, A
DISTANCE OF 51.42 FEET TO THE BEGINNING OF A 42.37 FOOT LONG CURVE TO
THE LEFT, WITH A 75.00 FOOT RADIUS AND A CHORD DISTANCE OF 41.81 FEET;
THENCE S 37°14’45” W, A DISTANCE OF 42.54 FEET TO THE BEGINNING OF A
52.95 FOOT LONG CURVE TO THE RIGHT, WITH A 50.00 FOOT RADIUS AND A
CHORD DISTANCE OF 50.51 FEET; THENCE N 82°04’41” W, A DISTANCE OF 17.59
FEET; THENCE N 84°54’44” W, A DISTANCE OF 87.56 FEET; THENCE N 84°02’22”
W, A DISTANCE OF 58.90 FEET TO THE POINT OF TERMINATION ON THE WEST
LINE OF SAID NORTHEAST QUARTER OF THE SOUTHWEST QUARTER IN SECTION
33.
OWNER OF RECORD, STATE OF IOWA
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EXHIBIT B, SHARED USE PATH EASEMENT
A THIRTY (30) FOOT WIDE SHARED USE PATH EASEMENT LOCATED IN THE EAST
HALF OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER IN SECTION
33, TOWNSHIP 84 NORTH, RANGE 24 WEST OF THE 5TH P.M., STORY COUNTY
IOWA, DESCRIBING THE CENTERLINE AS FOLLOWS:
COMMENCING AT THE CENTER CORNER OF SAID SECTION 33, THENCE S
85°55’00” W, TO A POINT ON THE EAST LINE OF THE NORTHWEST QUARTER OF
THE SOUTHWEST QUARTER IN SECTION 33, A DISTANCE OF 1321.51 FEET TO THE
POINT OF BEGINNING; THENCE N 84°02’22” W, A DISTANCE OF 0.23 FEET TO THE
POINT TO THE BEGINNING OF A 13.85 FOOT LONG CURVE TO THE RIGHT, WITH A
50.00 FOOT RADIUS AND A CHORD DISTANCE OF 13.81 FEET; THENCE N 68°10’00”
W, A DISTANCE OF 6.73 FEET TO THE POINT TO THE BEGINNING OF A 10.56 FOOT
LONG CURVE TO THE LEFT, WITH A 50.00 FOOT RADIUS AND A CHORD DISTANCE
OF 10.54 FEET; THENCE N 80°16’05” W, A DISTANCE OF 31.95 FEET TO THE
BEGINNING OF A 15.17 FOOT LONG CURVE TO THE RIGHT, WITH A 50.00 FOOT
RADIUS AND A CHORD DISTANCE OF 15.11 FEET; THENCE N 62°53’15” W, A
DISTANCE OF 29.52 FEET; THENCE N 66°52’48” W, A DISTANCE OF 49.84 FEET TO
THE BEGINNING OF A 16.47 FOOT LONG CURVE TO THE RIGHT, WITH A 27.00
FOOT RADIUS AND A CHORD DISTANCE OF 16.22 FEET; THENCE N 31°55’16” W, A
DISTANCE OF 4.31 FEET TO THE BEGINNING OF A 2.66 FOOT LONG CURVE TO THE
LEFT, WITH A 27.00 FOOT RADIUS AND A CHORD DISTANCE OF 2.66 FEET; THENCE
N 37°34’23” W, A DISTANCE OF 4.14 FEET TO THE BEGINNING OF A 22.35 FOOT
LONG CURVE TO THE RIGHT, WITH A 50.00 FOOT RADIUS AND A CHORD
DISTANCE OF 22.16 FEET; THENCE N 11°57’57” W, A DISTANCE OF 0.33 FEET TO
THE POINT OF TERMINATION ON THE NORTH LINE OF SAID EAST HALF OF THE
NORTHWEST QUARTER OF THE SOUTHWEST QUARTER IN SECTION 33.
OWNER OF RECORD, IOWA STATE UNIVERSITY
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EXHIBIT C, SHARED USE PATH EASEMENT
A THIRTY (30) FOOT WIDE SHARED USE PATH EASEMENT LOCATED IN THE WEST
FIVE (5) ACRES OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF
THE NORTHWEST QUARTER IN SECTION 33, TOWNSHIP 84 NORTH, RANGE 24
WEST OF THE 5TH P.M., STORY COUNTY IOWA, DESCRIBING THE CENTERLINE AS
FOLLOWS:
COMMENCING AT THE WEST QUARTER CORNER OF SAID SECTION 33, THENCE N
36°52’47” E, TO A POINT ON THE EAST LINE OF SAID WEST FIVE (5) ACRES, A
DISTANCE OF 569.19 FEET TO THE POINT OF BEGINNING; THENCE N 72°53’55” W,
A DISTANCE OF 273.21 FEET TO THE BEGINNING OF A 15.10 FOOT LONG CURVE
TO THE RIGHT, WITH A 75.00 FOOT RADIUS AND A CHORD DISTANCE OF 15.07
FEET; THENCE N 61°21’49” W, A DISTANCE OF 64.35 FEET TO THE POINT OF
TERMINATION ON THE WEST LINE OF THE SAID WEST FIVE (5) ACRES OF THE
SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHWEST
QUARTER OF SECTION 33.
OWNER OF RECORD, STATE OF IOWA
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EXHIBIT D, SHARED USE PATH EASEMENT
A THIRTY (30) FOOT WIDE SHARED USE PATH EASEMENT LOCATED IN THE
NORTHEAST QUARTER OF THE SOUTHEAST QUARTER AND THE SOUTHEAST
QUARTER OF THE NORTHEAST QUARTER ALL IN SECTION 32, TOWNSHIP 84
NORTH, RANGE 24 WEST OF THE 5TH P.M., STORY COUNTY IOWA, DESCRIBING
THE CENTERLINE AS FOLLOWS:
COMMENCING AT THE EAST QUARTER CORNER OF SAID SECTION 32, THENCE N
01°00’38” E, ON THE EAST LINE OF SAID SOUTHEAST QUARTER OF THE
NORTHEAST QUARTER, A DISTANCE OF 572.42 FEET TO THE POINT OF
BEGINNING; THENCE N 61°21’49” W, A DISTANCE OF 29.51 FEET TO THE
BEGINNING OF A 24.14 FOOT LONG CURVE TO THE RIGHT, WITH A 75.00 FOOT
RADIUS AND A CHORD DISTANCE OF 24.04 FEET; THENCE N 42°55’10” W, A
DISTANCE OF 25.65 FEET TO THE BEGINNING OF A 22.93 FOOT LONG CURVE TO
THE RIGHT, WITH A 75.00 FOOT RADIUS AND A CHORD DISTANCE OF 22.84 FEET;
THENCE N 25°24’00” W, A DISTANCE OF 157.45 FEET TO THE BEGINNING OF A
6.29 FOOT LONG CURVE TO THE LEFT, WITH A 50.00 FOOT RADIUS AND A CHORD
DISTANCE OF 6.29 FEET; THENCE N 32°36’23” W, A DISTANCE OF 48.82 FEET TO
THE BEGINNING OF A 116.97 FOOT LONG CURVE TO THE LEFT, WITH A 75.00
FOOT RADIUS AND A CHORD DISTANCE OF 105.47 FEET; THENCE S 58°02’05” W, A
DISTANCE OF 112.58 FEET; THENCE S 56°46’32” W, A DISTANCE OF 68.06 FEET;
THENCE S 58°57’47” W, A DISTANCE OF 170.71 FEET TO THE BEGINNING OF A
24.19 FOOT LONG CURVE TO THE LEFT, WITH A 100.00 FOOT RADIUS AND A
CHORD DISTANCE OF 24.13 FEET; THENCE S 45°06’17” W, A DISTANCE OF 8.70
FEET TO THE BEGINNING OF A 6.75 FOOT LONG CURVE TO THE LEFT, WITH A
50.00 FOOT RADIUS AND A CHORD DISTANCE OF 6.75 FEET; THENCE S 37°22’00”
W, A DISTANCE OF 21.03 FEET TO THE BEGINNING OF A 72.52 FOOT LONG CURVE
TO THE LEFT, WITH A 175.00 FOOT RADIUS AND A CHORD DISTANCE OF 72.00
FEET; THENCE S 17°46’49” W, A DISTANCE OF 598.66 FEET TO THE POINT OF
TERMINATION.
OWNER OF RECORD, STATE OF IOWA
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