HomeMy WebLinkAboutA029 - Resolution accepting Sanitary Sewer Easement on State of Iowa Property of Sanitary Sewer along State AvenueITEM #:32
DATE:10-13-26
DEPT:PW
SUBJECT:SANITARY SEWER UTILITY EASEMENT ON STATE OF IOWA PROPERTY
COUNCIL ACTION FORM
BACKGROUND:
Iowa State University (ISU) and the City are partnering to locate the future Fire Station 2 on
ISU property along State Avenue. Recent site design work revealed that a direct connection to
the existing sanitary main north of College Creek is infeasible because Iowa Department of
Natural Resources' depth requirements for creek crossings place the northern main too high to
accommodate a gravity-flow system.
To achieve a proper gravity connection, the optimal solution is to route the station's
service to the existing sanitary main on the east side of State Avenue, where the sewer
drops in elevation before passing beneath the creek. Because this distance exceeds a
standard service run, the City proposes constructing a new 8-inch sanitary main along State
Avenue as part of the 2027 State Avenue reconstruction project, enabling Fire Station 2's
service line to extend eastward beneath State Avenue and tie directly into this new main.
Through close coordination with Iowa State University staff, the City evaluated multiple
alternative connection routes for this new main and determined that the optimal
alignment would run along the east side of State Avenue and tie into an existing
manhole north of the creek. The elevation drop here ensures proper gravity flow for the
proposed 8-inch sanitary sewer.
Because this connection requires crossing ISU property near College Creek, the
proposed easement will formally authorize this utility placement. The easement
documents have been prepared and are attached. Once City Council approval is obtained, the
easement will be presented to the Board of Regents for consideration.
ALTERNATIVES:
1. Approve the Sanitary Sewer Utility Easement on State of Iowa property.
2. Do not approve the Sanitary Sewer Utility Easement on State of Iowa property and direct
staff to find an alternate route for the Sanitary Sewer.
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CITY MANAGER'S RECOMMENDED ACTION:
The sanitary sewer addressed by this proposed easement would provide a service
connection point for Fire Station 2 along State Ave. This alignment provides the best
routing to allow a gravity flow sanitary sewer service for the new Fire Station
2. Therefore, it is the recommendation of the City Manager that the City Council adopt
Alternative No. 1, as noted above.
ATTACHMENT(S):
2026-27 Collector State Ave Final Route - CAF.pdf
Sanitary Sewer Easement Perm and Temp with Exhibits.pdf
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Legal description: See Exhibits A and B – Pages 6 and 7.
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 SANITARY SEWER UTILITY EASEMENT AGREEMENT
ISU ARBORETUM & STATE AVENUE
This Sanitary Sewer Utility Easement Agreement (“Agreement”) is entered into on
________________, 202____ (“Effective Date”) by the Iowa Board of Regents 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 certain real property East of State Avenue
in Ames, Iowa, located within the Southwest Quarter of the Northwest
Quarter of Section 9, Township 83 North, Range 24 West, in Story County,
Iowa, for the use and benefit of Iowa State University of Science and
Technology under the jurisdiction of the Iowa Board of Regents, which is
locally known as 530 State Avenue, Ames, Iowa, and is identified as property
tax parcel 09-09-150-000 (“Property”).
B. Grantor and Grantee recently partnered on the site selection for a new fire
station (“Fire Station No. 2”) to be constructed along State Avenue. For
several reasons, the parties propose to connect Fire Station No. 2 to the
existing sanitary main on the east side of State Avenue. Grantee intends to
construct an 8-inch sanitary main along State Avenue at the time of a
planned reconstruction project for State Avenue in 2027. Fire Station No.
2’s sanitary service line is proposed to extend from its site heading east
under State Avenue and connect into the proposed 8 inch main on the east
side of State Avenue. An 8-inch main along the east side of State Avenue
also provides the Grantor with sanitary sewer service at a desirable
connection point along State Avenue, if Grantor considers future
development in the area.
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TERMS
1. Location. Pursuant to Code of Iowa §262.9(8) and subject to the terms of
this Agreement, Grantor grants Grantee a permanent sanitary sewer
easement that shall be located upon and limited to the area depicted in Exhibit
A attached hereto and made part of this Agreement, and legally described in
Exhibit B (“Easement Area”).
2. Use. Grantee shall use the Easement Area for the purpose of operating,
using, maintaining, and repairing sanitary sewer system components
(“Grantee Components”) to provide sanitary sewer services to Grantor and
others, including Grantee. Grantee must obtain Grantor’s prior written
approval for any other use of the Easement Area. Grantee shall be
responsible for the preparation and cost of any required Plats of Easement
and legal descriptions required.
3. Access; Disruption. Grantee's entrance upon Grantor's Property to access the
Easement Area shall be over reasonable routes designated by Grantor.
Access routes during construction shall be set forth in the construction plans
indicated in Section 4(b). 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 Grantee Components. 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. Grantor’s approval
shall not be unreasonably withheld or delayed. Grantee shall ensure
that construction is performed in accordance with the approved plans.
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. Temporary Construction Easement. Grantor grants Grantee a temporary
construction easement in an area depicted in Exhibit A and legally
described in Exhibit B. The temporary construction easement will expire
upon Grantee’s City Council's final acceptance of the sanitary sewer
construction project; provided, however, in no event shall the temporary
construction easement continue past June 30, 2028. Grantee’s
obligations and liability with respect to the Easement Area shall also
apply to the temporary construction easement. Grantee’s use of any
other areas of Grantor’s property for Grantee’s construction activities
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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 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 for restoring the Property and other Grantor property that Grantee
uses in connection with the construction of the Grantee Components
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 for maintaining and repairing the Grantee Components.
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.
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 Iowa
Board of Regents, 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
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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. Grantee’s use of the Grantee Components to sanitary sewer
services to Grantor and to the public is the consideration for Grantor’s grant
of this easement to Grantee.
8. Obstructions. Grantor shall have the right to place grass or comparable
ground cover, plantings, bushes, trees, sidewalks, parking lots, or driveways
within the Easement Area. If Grantor desires to erect or place within the
Easement Area any building or other structure or improvement ("Grantor
Improvement") and the Grantor Improvement will, in the reasonable
judgment of the Municipal Engineer, materially adversely affect the operation
of the Grantee Components or Grantee's access to the Grantee Components,
Grantor may erect or place such Grantor Improvement within the Easement
Area provided the Easement Area is first relocated as set forth in paragraph
10(b).
9. Restoration. Immediately following construction, reconstruction, or repair
work by Grantee within the Easement Area, weather and season permitting,
Grantee shall return the Easement Area to its condition prior to said work, at
Grantee's sole cost.
10. Rights Reserved. Grantor may use the Easement Area for any purpose that
does not interfere with Grantee's rights granted in this Agreement.
11. Relocation.
a. Grantor may require Grantee to relocate the Easement Area. If Grantor
desires for the Easement Area to be relocated, Grantor shall notify
Grantee.
b. Grantor and Grantee shall confer and establish a relocation plan that
minimizes disruptions to Grantee’s water and sanitary sewer system and
Grantor’s future land use and minimizes relocation costs. 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
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Agreement and execute a new agreement to identify the new easement
area.
12. 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.
13. 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.
Grantor and Grantee execute this Sanitary Sewer Utility Easement Agreement by their
lawfully designated officials as of the date first written above.
Signature page follows on the next page
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IOWA BOARD OF REGENTS
STATE OF IOWA, COUNTY OF POLK, SS.:
This instrument was acknowledged before me on _________________________, 2026, by
Mark Braun, as Executive Director of the Iowa Board of Regents.
NOTARY PUBLIC
Passed and approved on ____________________________, 202_____, by Resolution No. 26-
___________ adopted by the City Council of the City of Ames, Iowa.
CITY OF AMES, IOWA
John A. Haila,
Renee Hall,
STATE OF IOWA, COUNTY OF STORY, SS.:
This instrument was acknowledged before me on _______________________, 202_____, by
John A. Haila and Renee Hall, as Mayor and City Clerk, respectively, of the City of Ames, Iowa.
NOTARY PUBLIC
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EXHIBIT B
DESCRIPTION - SANITARY SEWER PERMANENT EASEMENT
A TWENTY (20) FOOT WIDE SANITARY SEWER PERMANENT EASEMENT LOCATED
IN THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER IN SECTION 9,
TOWNSHIP 83 NORTH, RANGE 24 WEST OF THE 5TH P.M., STORY COUNTY IOWA,
DESCRIBING THE CENTERLINE AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF OUTLOT Z, BAKER SUBDIVISION;
THENCE S 67°51’03” E, A DISTANCE OF 134.06 FEET; THENCE N 48°42’59” E, TO
THE EAST RIGHT-OF-WAY OF STATE AVENUE, THE POINT OF BEGINNING, A
DISTANCE OF 76.06 FEET; THENCE N 48°42’59” E, 104.50 FEET TO THE POINT OF
TERMINATION.
DESCRIPTION – TEMPORARY CONSTRUCTION SANITARY SEWER EASEMENT
A SIXTY (60) FOOT WIDE SANITARY SEWER TEMPORARY CONSTRUCTION
EASEMENT LOCATED IN THE SOUTHWEST QUARTER OF THE NORTHWEST
QUARTER IN SECTION 9, TOWNSHIP 83 NORTH, RANGE 24 WEST OF THE 5TH P.M.,
STORY COUNTY IOWA, DESCRIBING THE CENTERLINE AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF OUTLOT Z, BAKER SUBDIVISION;
THENCE S 67°51’03” E, A DISTANCE OF 134.06 FEET; THENCE N 48°42’59” E, TO
THE EAST RIGHT-OF-WAY OF STATE AVENUE, THE POINT OF BEGINNING, A
DISTANCE OF 76.06 FEET; THENCE N 48°42’59” E, 104.50 FEET TO THE POINT OF
TERMINATION.
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