HomeMy WebLinkAboutA042 - Resolution July 28, 2026, as date of Public Hearing for vacation of Electric Utility Easement and approval of disclaimer of interest in realty for the 161 Kv Transmission Line relocated for IDOTITEM #:43
DATE:07-14-26
DEPT:ELEC
SUBJECT:VACATION OF ELECTRIC UTILITY EASEMENT AND APPROVAL OF
DISCLAIMER OF INTEREST IN REALTY FOR 161KV TRANSMISSION LINE
RELOCATED FOR IOWA DEPARTMENT OF TRANSPORTATION
COUNCIL ACTION FORM
BACKGROUND:
Electric Services has completed the relocation of its 161kV transmission line to accommodate
Iowa Department of Transportation (IDOT) highway improvements along Interstate 35 north of
Ankeny. These improvements include construction where I-35 crosses NE 158th Ave and NE
142nd Ave and at the I-35 interchange of NE 126th Ave. A request for acceptance of
completion of contract for the relocation work will be brought to Council for approval
under a separate action at a future meeting.
The expenses for this relocation will be reimbursed by IDOT under the terms of a
reimbursement agreement previously approved by Council and IDOT. One of the terms of
the reimbursement agreement is that the City must approve a Disclaimer of Interest in
Realty (DIR), which relinquishes any interest that the City may have in certain prior
recorded documents. This DIR relates to a single parcel at NE 126th Ave. in Polk
County. The DIR form, along with the two instruments that it references are included as
attachments to this Council Action Form.
On this same parcel, IDOT acquired and recorded in 2023 (on behalf of the City of Ames) a
new easement sufficient to accommodate the requested relocation of Ames’ transmission line.
This 2023 easement partially overlaps an existing easement which must also be vacated.
IDOT does not require vacation of this easement in order to reimburse relocation
expenses, but it is not longer needed and should therefore be vacated; this older
easement had a final exercise recording date in 2008.
ALTERNATIVES:
1. Set July 28, 2026, as the public hearing date to approve consider approval of IDOT’s
DIR form and vacation of the 2008 electric utility easement at NE 126th Street and I-35
in Polk County.
2. Do not set a date of public hearing to consider vacation of the electric utility easement
and refer this item back to City staff for additional information.
CITY MANAGER'S RECOMMENDED ACTION:
With the new easement recorded in 2023, the City no longer has an interest in the prior
2008 easement to be vacated, or in the warranty deed and easement referenced in the
IDOT DIR form. Therefore, it is the recommendation of the City Manager that the City Council
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adopt Alternative No. 1, as noted above.
ATTACHMENT(S):
IDOT DIR.pdf
DIR Exhibit 1-- Warranty Deed 19393_358.pdf
DIR Exhibit 2-- DIR Easement PH 19393-362.pdf
Easement Vacation -Option -Extenstion-Exercise.pdf
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Prepared by & Return To: Allyssa Myers, Right of Way Bureau, 800 Lincoln Way, Ames, IA 50010, 515-239-1757
DISCLAIMER OF INTEREST IN REALTY
County Polk
ROW Project No. IMN-035-4(243)95--0E-77
Const. Project No. IM-NHS-035-4(244)95--03-77
Contract No. U-2022-00003741
City of Ames, a corporation organized and existing under the laws of the State of Iowa, with principal offices
located in Ames, Iowa, the Grantee of certain interests and rights in realty described below does hereby
disclaim and relinquish all easement rights granted to said corporation in the following described real estate
in Polk County, Iowa, to wit:
All that part of the right of way acquired by the State of Iowa for Interstate 35, under Project
No. IMN-035-4(243)95--0E-77, by the following instruments of record in the Office of the Polk
County Recorder, Des Moines, Iowa:
1. WARRANTY DEED (Stanley Bay Farm Enterprises, Inc.) (Parcel 13) recorded February
10, 2023, as book19393 and page 358, being two parcels of land located in the S ½ of the
SE ¼ of Section 30, Township 81 North, Range 23 West of the 5th P.M., Polk County,
Iowa, containing 2.70 acres, more or less.
2. EASEMENT FOR PUBLIC HIGHWAY (Stanley Bay Farm Enterprises, Inc.) (Parcel 13)
recorded February 10, 2023, as book 19393 and page 362, being a parcel of land located
in the SE ¼ of the SE ¼ of Section 30, Township 81 North, Range 23 West of the 5th P.M.,
Polk County, Iowa, containing 0.13 acre, more or less.
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Dated ___________________________
CITY OF AMES, IOWA
By: ______________________________ (Sign in Ink)
______________________________
(Type/Print Name and Title)
STATE OF _____________________________, COUNTY OF _____________________________, ss:
This instrument was acknowledged before me on ______________________________, by
________________________________ as ________________________________ of City of Ames, Iowa.
__________________________________ (Sign in Ink)
Notary Public.
(AFFIX NOTARIAL SEAL ABOVE)
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