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F RAILWAY RIGHT-OF-WAY TEMPORARY EASEMENT 79-11
WHEREAS, the State of Iowa holds title to the following real property lo-
cated in Story County, Iowa for the use and benefit of Iowa
State University of Science and Technology under the juris-
diction of the State Board of Regents, to-wit:
North of 13th Street between Stange Road and Hyland Avenue in
Section 33, T84N , R24W of the 5th P.M. , Ames, Story County,
Iowa as shown on the plat, Parcel No. 9, attached.
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 (herein-
after referred to as the Grantee) the following Railway Right-of-
Way Temporary Easement, subject to these terms, covenants and
conditions, to-wit:
1, Location: The easement herein granted shall be located upon
02�iS an united to a temporary easement of that part of the
Southwest Quarter of Section 33, Township 84 North, Range
INST.NO 24 West of the 5th P.M. Story Count Ames Iowa de-
STORY COUNTY, IOWA , y y, ,
FILED FOR RECORD scribed as follows: Commencing at the Southwest corner of
A.M. SEP 1 91979 P.M. the Southeast Quarter of the Southwest Quarter of said
\ Section 33; thence S 900 00' 00" W 424.90 feet along the
SUSAN L.POTTER,Recorder South line of said Southwest Quarter to centerline Station
By oep* 12+29.98 of Relocated 13th Street in the City of Ames, Iowa,
and the beginning of a 1273.24 foot radius, non-tangent
curve, concave Northwesterly; thence Northeasterly 372.56
feet along said Relocated centerline and said curve, with a
chord bearing N 740 25' 54" E 371.23 feet to Station 16+02.54
said Reolcated centerline; thence N 660 02' 57" E 98.27 feet
to Station 17+00.81 said Relocated centerline and the begin-
ning of a 881.51 foot radius, tangent curve, concave South-
easterly; thence Northeasterly 190.73 feet along said Re-
located centerline and said curve, with a chord bearing N
720 14' 52" E 190.35 feet to Station 18+91.54 said Relocated
centerline; thence N 110 33' 15" W 43.00 feet along a line
radial to the last said curve, to the point of beginning, said
point being on the Northerly right-of-way line of the
Chicago and North Western Transportation Company, said
point also being the beginning of a 3324.17 foot radius
(chord definition), non-tangent curve, concave Southerly;
thence Westerly 516.02 feet along said Transportation Com-
pany right-of-way line and said curve, with a chord bearing
N 800 08' 06" W 515.50 feet; thence N 840 34' 55" W 161.55
feet along said Transportation Company right-of-way line;
thence N 780 54' 23" E 105.56 feet to a point 30.0 feet
Northerly, measured at right angles, from said Transporta-
tion Company right-of-way line; thence S 840 34' 55" E 60.34
BOOK PAGE
RAILWAY RIGHT-OF-WAY TEMPORARY EASEMENT 79-11
feet along a line parallel with said Transportation Company
right-of-way line to the beginning of a 3354.17 foot radius
(chord definition), tangent curve, concave Southerly; thence
Easterly 589.36 feet along a line parallel with said Trans-
portation Company right-of-way line and along said curve,
with a chord bearing S 790 32' 54" E 588.60 feet to a point
43.0 feet Northerly, measured radially, from Station 19+62.04
said Relocated 13th Street centerline, said point also being
the beginning of a 759.20 foot radius, non-tangent curve,
concave Southerly; thence Westerly 70.90 feet along said
curve, with a chord bearing S 81° 21' 16" W 70.87 feet to a
point 43.0 feet Northerly, measured radially, from Station
18+95.61 said Relocated centerline, said point also being the
beginning of a 924.51 foot radius, tangent curve, concave
Southeasterly; thence Southwesterly 3.80 feet along said
curve, with a chord bearing S 780 32' 55" W 3.80 feet to the
point of beginning; containing 19,871 square feet.
2. Use: Said premises shall be used by the Grantee for the
purpose of constructing, reconstructing, operating, main-
taining and repairing a railway, including all appurtenances
required therefore, together with the right of ingress there-
to, 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 rea-
sonable 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 filled and maintained in such manner as to
present no hazard or obstacle to Grantor's use of the pre-
mises for other purposes.
5. Utilities Crossings: All crossings of existing sewers, water
lines, elel c lines or other existing facilities shall be ac-
cording to specifications and details of the engineer or other
official of Iowa State University 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.
6. Liability: Grantee covenants to indemnify and save the
Grantor and its successors in interest and Iowa State Uni-
versity of Science and Technology and the officers, em-
ployees, students, tenants, guests and invitees thereof,
BOOK _L5_1a PAGE D
-2-
RAILWAY RIGHT-OF-WAY TEMPORARY EASEMENT 79-11
harmless from any and all damages arising, directly or in-
directly, 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 grant-
ed.
8. Removal: The Grantee agrees to remove said facilities at the
termination of the easement and restore the area to its
original condition.
9. Consideration: The consideration for this grant is the fact
that the -fa to be constructed may at some future date
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 a period not to exceed four (4) years after
which all rights granted herein shall terminate and revert to
the Grantor.
11. Assignment Prohibited: This grant is to the Grantee only
and cannot be assigned in whole or part to any other party
except to the Chicago and North Western Railway Company
without written consent of the Grantor.
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
rights, title and interest hereunder shall cease and terminate and the
Grantor shall be entitled to full possession of the premises.
BOOK 156 PAGE
-3-
r
RAILWAY RIGHT-OF-WAY TEMPORARY EASEMENT 79-11
IN WITNESS WHEREOF, the Grantor has caused this instrumen to be duly
execut d by its lawfully designated officials this day of
1979.
State Board of Regents
By
kw—
Dir. of Facilities & Bus. Mg t.
State of Iowa )
)ss:
County of Polk)
On this 3— day of A.D. 19�, before me, the
undersigned, a no p b ' n or said County in said State, per-
sonally appeared - Se_-re+&ryof the State
Board of Regents, Known to me an o executed the foregoing document
and who acknowledged that he/she c uted the same as a voluntary act
#nd dee
' ot •, u is n an d
for i ounty
dbffimtssion expires: -�
;k- a Council
tat,� Iow 7
By
Secretary
.v ,
� + State of Iowa )
County of Polk)
� r 7A
On this S day o f A.D. 1977, before me, the
rldersigned, a notary public in and for said Count in said State
sonally appeared Gv 6 , Gv ��G/ . �� Secretary of y the State Executive
Council, known to me and who executed the foregoing document and who
acknowledged that he/she executed the same as a voluntary act and deed.
Notary Public in and for Said County
My commission expires: Jjv-Ja
BOOK PAGE
-4-
RAILWAY RIGHT-OF-WAY TEMPORARY EASEMENT 79-11
City of Ames
c '
By
Mayor
State of Iowa )
)ss:
County of.Story)
On this �/p day of A.D. 19Z7, before me, the
undersigned, a In public in nd or aid County in said State, per-
sonally appeare
known to me and, who exec ed the oregoing ocument and who acknowl-
edged that he/she executed the same as a voluntary act and deed.
a�J
Notary Pu is nand or Said County
( T•. . My commission expires: 9 -7/V
� � '4Y
B0.0K PAGE
-5-
,i PARCEL RO. 9
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CITY OF AMES, IOWA RIGHT OF WAY PLAT
SEC. 33 TWR 84 RANGE 2a W PROJECT NO!-0166(21--81-85
R.O.W.- FEE - AC., EASE. 1 .871 30. FT,
ACOUIREO FROM IOWA STATE UNIVERSITY
FOR CITY OF AMES, IOWA
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BOOK PAGE �9y -6-
1
PARCEL NO. 9
RIGHT OF WAY DESCRIPTION
That part of the Southwest Quarter of Section 33, Township 84 North,
Range 24 West of the 5th P.M., Story County, Ames, Iowa, described as
follows: Commencing at the Southwest corner of the Southeast Quarter of
the Southwest Quarter of said Section 33; thence S 900 00' 00" W 424.90
feet along the South line of said Southwest Quarter to centerline Station
12+29.98 of Relocated 13th Street in the City of Ames, Iowa, and the
beginning of a 1273.24 foot radius, non-tangent curve, concave Northwesterly;
thence Northeasterly 372.56 feet along said Relocated centerline and said
curve, with a chord bearing N 740 25' 54" E 371.23 feet to Station 16+02.54
said Relocated centerline; thence N 660 02' 57" E 98.27 feet to Station
17+00.81 said Relocated centerline and the beginning of a 881.51 foot radius,
tangent curve, concave Southeasterly; thence Northeasterly 190.73 feet along
said Relocated centerline and said curve. with a chord bearing N 720 14, 52"E
190.35 feet to Station 18+91.54 said Relocated centerline; thence
N 110 33' 15" W 43.00 feet along a line radial to the last said curve, to the point
of beginning, said point being on the Northerly right-of-way line of the
Chicago and North Western Transportation Company, said point also being
the beginning of a 3324.17 foot radius (chord definition), non-tangent curve,
concave Southerly; thence Westerly 516.02 feet along said Transportation
Company right-of-way line and said curve, with a chord bearing N 80008'06"H
515.50 feet; thence N 840 34' 55" W 161.55 feet along said Transportation
Company right-of-way line; thence N 780 54' 23" E 105.56 feet to a point
30.0 feet Northerly, measured at right angles, from said Transportation
Company right-of-way line, thence S 840 34' 55" E 60.34 feet along a line
parallel with said Transportation Company right-of-way line to the beginning
of a 3354.17 foot radius (chord definition), tangent curve. concave Southerly;
thence Easterly 589.36 feet along a line parallel with said Transportation
Company right-of-way line and along said curve, with a chord bearing
S 790 32' 54" E 588.60 feet to a point 43.0 feet Northerly, measured radially,
from Station 19+62.04 said Relocated 13th Street centerline, said point
also being the beginning of a 759.20 foot radius, non-tangent curve, concave
Southerl�; thence Westerly 70.90 feet along said curve, with a chord bear-
ing S 81 21' 16" W 70.87 feet to a point 43.0 feet Northerly, measured
radially, from Station 18+95.61 said Relocated centerline, said point also
being the beginning of a 924.51 foot radius, tangent curve, concave South-
easterly; thence Southwesterly 3.80 feet along said curve, with a chord
bearing S 780 32' 55" W 3.80 feet to the point of beginning; containing
19,871 square feet.
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