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STORY...,.
COUNTY, IOWA
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FILED FOR pCCORD
Iowa State University A.M. JUN 2 8 1978/ 6 d
of Science and Technology P.M.
April 20-21, 1978 6LORIA A. P�UMD3, A�arAa
AMES, CITY OF- WATER UTILITY EASEMENT NORTH OF
MORTENSEN ROAD, BETWEEN STATE AVENUE AND HAYWARD AVENUE
ACTION REQUESTED: Approval by the Regents and authority to secure
approval from the State Executive Council of the above
proposed easement agreement.
The proposed easement agreement for the area shown in the attached diagram is
required for the construction of water distribution system improvements by the
city. This will be located next to the north side of Mortensen Road between State
Avenue and Hayward Avenue.
This construction is an extension of an existing water main that is serving the west
area of the city and is necessary to improve the system's fire and water supply
response.
RETURN 70
MY CLERKS OFFICE
� FS, IOWA 50010
Page 2 `
WATER UTILITY EASEMENT
WHEREAS, the State of Iowa holds title to the following real estate located in
Story County, Iowa for the use and benefit of Iowa State University of
Science and Technology under the jurisdiction of the State Board of
Regents, to-wit:
The North 10 feet of the South 43 feet of the North half of the
Southwest Quarter of Section 9, T83N, R24W, 5th P.M. Ames, Story
County, Iowa, except the West 400 feet thereof.
NOW THEREFORE, the Iowa State Board of Regents for the use and benefit of
Iowa State University of Science and Technology, (hereinafter referred
to as the Grantor) and in consideration of the payment of One Dollar
and other considerations as herein contained, hereby grants unto the
City of Ames, Iowa (hereinafter referred to as the Grantee) the
following water utility easement, subject to these terms, covenants
and conditions,to-wit:
1. Location: The easement herein granted shall be located upon and
limited d o a permanent easement of 10 feet in width; more
particularly described as the North 10 feet of the South 43 feet of
the North half of the Southwest Quarter of Section 9, T83N, R24W,
5th P.m. Ames, Story County, Iowa, except the West 400 feet
thereof.
2. Use: Said premises shall be used by the Grantee for the purpose of
constructing, reconstructing,-operating, maintaining and repairing
water distribution line, including all appurtenances required
therefore, together with the right of ingress thereto, and for no
other purpose.
3. Access: Grantee's entrance upon the Grantor's premises for the
purpose of construction on or servicing said easement, or for the
repair or removal of the same, shall be over reasonable routes of
access designated by officials of Iowa State University of Science
and Technology for whose benefit the premises are held by the
Grantor, and any parts of said premises damaged in the course
thereof shall be promptly replaced or restored by the Grantee.
4. Excavations: All ditches, trenches and other excavations shall be
firmly filleTand maintained in such manner as to present no hazard
or obstacle to Grantor's use of the premises for other purposes.
5. Utilities Crossings: All crossings of existing sewers, water lines,
electric- lines or other existing facilities shall be according to
specifications and details of the engineer or other official of Iowa
State Univeristy of Science and Technology in charge of such
installations, and Grantor shall have the right to construct any such
facilities across or through the easement tract in such manner as
not to interfere with Grantee's facilities installed hereunder.
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Docket Item B 6
Page 3
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6. Liability: Grantee covenants to indemnify and save the Grantor
and its successors in interest and Iowa State University of Science
and Technology and the officers, employees, students, tenants,
,guests and invitees thereof, harmless from any and all damages
arising, directly or indirectly, from the grant of this easement.
Damages to crops, fences, or other property of the Grantor or its
tenants during the original construction and subsequent
maintenance, repair and use of the premises granted in this
easement shall be promptly compensated for by the Grantee.
7. Rights Reserved: The Grantor reserves to itself and to Iowa State
University of Science and Technology the right to the full use of
said premises for any purpose it sees fit which does not interfere
with Grantee's rights herein granted.
8. Relocation: In the event the Grantor requests a relocation of said
facilities and easement because of the development of the area
for the use and benefit of the Iowa State University of Science
and Technology, the Grantee agrees to move or relocate said
facilities to some other suitable locations to be provided by the
Grantor, the actual cost of relocation, not to exceed the
depreciated value of the facilities at said time as mutually agreed
upon by both parties, assuming a useful life of thirty (30) years, to
be paid by Grantor, provided that after thirty (30) years from the
date of this Agreement the liability of Grantor for the cost of
relocation. shall terminate.
9. Consideration: The consideration for this grant is the fact that
the water utility line to be constructed will be part of the city-
operated water, supply facility and may also serve the
requirements of facilities hereafter constructed or operated by
the Grantor. No cost of the facilities to be constructed within
this easement shall be assessed or charged to the Grantor.
10. Duration: This easement is granted and all rights hereunder shall
endure for so long as the City of Ames, Iowa continues to use the
same for water distribution service. Whenever said use shall be
discontinued, all rights granted herein shall terminate and revert
to the Grantor.
11. Assignment Prohibited: This grant is to the City of Ames, Iowa,
only and cannot be assigned in whole or part to any other party
without written consent of the Grantor.
APPROVED AS TO FORM
BY
John R. aus
City Attorney
Page 4
Each and all the above terms, covenants and conditions are of the essence hereof,
and the Grantee, by accepting this instrument, covenants to comply and perform as
so specified; the Grantee's failure to do so shall entitle the Grantor to terminate all
rights hereunder by serving a written notice upon the Grantee specifying its
defaults, and if Grantee fails to comply fully as obligated herein within one year
after said notice, all its right, title and interest hereunder shall cease and
terminate and the Grantor shall be entitled to full possession of the premises.
IN WITNESS WHEREOF, the Grantor has caused this instrument to be duly
executed by its lawfully designated officials this /WA day of 7uK2 ,
1978.
State Board of Regents City of Ames
By By
Executive Se Lary Mayor
Executive Council Attest:
State of Iowa
By
Secr tary ity Clerk
APPROVED AS TO PORN!
BY L
John R. Klaua BOOKL/�.PAGE.
CI�y AttornW
Page 5
PLAT 800K.13�.PAGE a-Y
CITY OF AMES, IOWA ENGINEERING DEPARTMENT k
DATE
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OWNER: WATER UTILITY EASEMENT
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MORTENSEN ROAD
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SOUTHWEST CORNER OF THE NORTH HALF OF THE
SOUTHWEST QUARTER OF SEC. 9. T83N. R24W,
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DESCRIPTION
A permanent water utility easement described as the North 10 feet of i
the South 43 feet of the North half of the Southwest Quarter of Section 9,
T83N, R24W, 5th P.M. Ames, Story County, Iowa, except the West 400 feet
thereof.
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RESOLUTION f
RECORDED:
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