HomeMy WebLinkAboutA001 - Council Action Form dated October 13, 2026ITEM #:33
DATE:10-13-26
DEPT:ELEC
SUBJECT:1700 UNIVERSITY BOULEVARD - ELECTRIC UTILITY EASEMENT ON
STATE OF IOWA PROPERTY
COUNCIL ACTION FORM
BACKGROUND:
Electric Services is planning to replace a buried electric line south of CyRide along the west
side of University Boulevard in fall 2026. The existing line, which serves the City water wells
16 & 17, has failed and been repaired several times. The replacement line is needed to
restore service reliability to the wells.
The existing buried line has never been covered by an easement. Iowa State University is
willing to grant an easement to the City of Ames for the buried line. The Iowa Board of
Regents is expected to approve the easement at the November 2026 Board meeting in
exchange for $1 in consideration.
ALTERNATIVES:
1. Approve the Electric Utility Easement on State of Iowa property for the installation of the
buried electric line.
2. Do not approve the Electric Utility Easement on State of Iowa property and direct Electric
Services' staff to find an alternative location for the buried electric line.
CITY MANAGER'S RECOMMENDED ACTION:
Maintaining reliable electric service to the City water wells #16 & 17 is vital to the
citizens of Ames. The replacement of the buried electric line will ensure that reliability.
An easement of State of Iowa property is required to replace the buried electric line.
Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative
No. 1, as noted above.
ATTACHMENT(S):
ISU Easement (1700 University Blvd) with Exhibits.pdf
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Template A: City Equipment To Be Installed (October 2023)
Legal Description: See pages 6 through 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
1700 UNIVERSITY BOULEVARD=
This Electric Distribution Utility Easement Agreement (“Agreement”) is entered into on
__________________________, 2026, (“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 real property located in the East Half of the
Southwest Quarter of Section 3, Township 83 North, Range 24 West, Story County,
Iowa for the use and benefit of Iowa State University of Science and Technology
(the “Property”).
B. Grantee desires to install electric distribution system components on the Property.
Grantor supports Grantee installing the components 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
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 constructing, installing,
operating, using, maintaining, and repairing electric distribution system
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Template A: City Equipment To Be Installed (October 2023)
components for a 15kV underground cable and related facilities (“Grantee
Components”) to provide electrical services to 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. 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. 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 of the Grantee Components. 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 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.
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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 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 within the
Easement Area.
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 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 provide electrical
services to Grantor is the consideration for Grantor’s grant of this easement to
Grantee.
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 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
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 Grantee Components 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.
Grantor and Grantee execute this Electric Distribution 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
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 Iowa Board of Regents.
__________________________________________
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 7
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EXHIBIT ‘B’ LEGAL DESCRIPTION OF EASEMENT AREA
A 10-FOOT-WIDE ELECTRICAL EASEMENT; BEING 5 FEET ON EACH SIDE OF THE FOLLOWING
DESCRIBED CENTERLINE OVER THAT PART OF THE EAST HALF OF THE SOUTHWEST QUARTER
OF SECTION 3, TOWNSHIP 83 NORTH, RANGE 24 WEST OF THE 5TH P.M., CITY OF AMES,
STORY COUNTY, IOWA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 3; THENCE N00°55'21"W,
1666.40 FEET ALONG THE WEST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 3;
THENCE N89°04'39"E, 1585.98 FEET TO THE CENTER OF AN EXISTING TRANSFORMER PAD;
THENCE S36°46'22"E, 7.65 FEET TO THE SOUTHERLY LINE OF THE EXISTING ELECTRIC
EASEMENT AS DESCRIBED IN INSTRUMENT NUMBER 2022-03921 ALSO BEING TO THE POINT
OF BEGINNING; THENCE S36°46'22"E, 25.40 FEET; THENCE S00°47'24"W, 212.59 FEET;
THENCE S00°54'56"W, 134.59 FEET; THENCE S01°06'41"W, 214.33 FEET; THENCE
N89°43'39"W, 212.90 FEET; THENCE S00°16'21"W, 158.05 FEET TO THE CENTER OF AN
EXISTING TRANSFORMER CONCRETE PAD, SAID EASEMENT ALSO BEING 5 FEET ON EACH SIDE
OF SAID TRANSFORMER CONCRETE PAD, TO INCLUDE SAID EXISTING TRANSFORMER
CONCRETE PAD.
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