HomeMy WebLinkAboutA011 - Railway Right-of-Way Temporary Easement 79-12 FED $ RAILWAY RIGHT-OF-WAY TEMPORARY EASEMENT 79-12
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:
South 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. 11, 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
�216 contained, hereby grants unto the City of Ames, Iowa (herein-
after referred to as the Grantee) the following Railway Right-of-
"STORY C Uo I Way Temporary Easement subject to these terms, covenants and
c� ILED FOR RECORD conditions, to-wit:
� 1. Location: The easement herein granted shall be located upon
�,M, SEP 1 91979
SUSANL.POTiER,Recortler and linvited to a temporary easement of that part of the
By pGP* Southwest Quarter of Section 33, Township 84 North, Range
24 West of the 5th P.M. , Story County, Ames, Iowa, de-
scribed 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 begin-
ning of a 881.51 foot radius, tangent curve, concave South-
easterly; thence Northeasterly 194.35 feet along said Relo-
cated centerline and said curve, with a chord bearing N 720
21' 55" E 193.96 feet to Station 18+95.16 said Relocated
centerline and the beginning of a 716.20 foot radius, tangent
curve, concave Southerly; thence Easterly 228.12 feet along
said curve, with a chord bearing N 870 48' 24" E 227. 16 feet
to Station 21+23.28 said Relocated centerline; thence S 830
04' 06" E 332.29 feet to Station 24+55.57 said Relocated
centerline; thence S 060 55' 54" W 122.96 feet, along a line
at right angles to said Relocated centerline, to a point on
the Northerly right-of-way line of the Chicago and North
Western Transportation Company, said point being on the
existing Southerly right-of-way line of 13th Street in the
BOOK s�o PAGE _1S2
RAILWAY RIGHT-OF-WAY TEMPORARY EASEMENT 79-12
City of Ames, Iowa, said point also being the point of be-
ginning; thence S 860 00' 00" E 11.46 feet along said exist-
ing Southerly right-of-way line of 13th Street to the begin-
ning of a 1532.40 foot radius, tangent curve concave North-
erly; thence Easterly 91.65 feet along said existing Southerly
right-of-way line and said curve, with a chord bearing N
870 42' 37" E 91.64 feet to a point 116.11 feet Southerly,
measured radially, from Station 25+53.39 said Relocated
centerline; thence S 300 17' 02" E 65.04 feet to a point on
the Northerly right-of-way line of said Transportation Com-
pany, said point being 170.07 feet Southerly, measured
radially, from Station 25+85.69 said Relocated centerline;
thence N 650 56' 28" W 148.72 feet along said Transportation
Company right-of-way to the point of beginning; containing
2,762 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, electric 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. _L�i_a_b_ility: Grantee covenants to indemnify and save the
rV antor 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,
BOOS( PAGE -Ap?9
-2-
RAILWAY RIGHT-OF-WAY TEMPORARY EASEMENT 79-12
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 tate-U-m-versity 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
term na ion of the easement and restore the area to its
original condition.
9. Consideration: The consideration for this grant is the fact
that the acilities 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 l PAGE
-3-
RAILWAY RIGHT-OF-WAY TEMPORARY EASEMENT 79-12
IN WITNESS WHEREOF, the Grantor has caused this Instrumer4 to be duly
executeo by its lawfully designated officials this day of
1979.
State Board of Regents
By
Dir. of Facilities & Bus. Mgmt.
State of Iowa )
)ss:
County of Polk)
On this a_ day of A.D.- 19�7, before me, the
undersigned, a no ry p i a or said County in said State, per-
sonally appeared of the State
Board of Regents, known to me and executed the foregoing document
n,d. who acknowledged that he/she x uted the sam
e as a voluntary act
I�rvr x
o�Ary, a 'lic in and for Wd County
MypqOmission expires:
Executive Council
State o Iowa
By
. ec etary
State of Iowa )
1z - )ss
County of Polk)
ji
On this S 7'� day of f A.D. 1V , before me, the
u; u"dersigned, a note y public Infand for said County Tn said State, per-
.0'b''sdnally appeared Secretary of the State Executive
r `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 ublic� or ai�ount
My commission expires: y
�OOK 15.E PA _0,.
-4-
RAILWAY RIGHT-OF-WAY TEMPORARY EASEMENT 79-12
City of Ames
L.
By - �_
Mayor
State of Iowa )
)ss:
County of Story)
On this day of A.D. 19177 before me, the
undersigned, a no y p blic in r said County Tn said State, per-
sonally appeared (�yjj ,, ,
known to me an w o execu d foregoing cument and acknowl-
edged that he/she executed the same as a voluntary act and deed.
Notary Pubfic in and for Said CounNy
My commission expires: If y
CIO
BOOK PAGE
-5-
�+ PARCELS NO. 11,
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CITY OF AMES, IOWA RIGHT OF WAY PLAT
SEC.—33 TWP._ $4 RANGE 2_ W and PROJECT NO.t: b6(I2)--81-85
R.O.W.- FEE " SO. FT. EASE. 2«762 SO. FT
ACOUIRED FROM IOWA STATE UNIVERSITY
FOR CITY OF AMES, IOWA
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Sheet I of 2
BOOK PAGE Z3 a
-6-
PARCEL NO. 11 .
C � '
RIGHT OF WAY DESCRIPTION
That part of the'Southwest Quarter of Section 33, Township 84 North,
Range 24 West of the 5th P.M., and that part of the Northwest Quarter of
Section 4, Township 83 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 center-
line 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 North-
easterly 194.35 feet along said Relocated centerline and said curve, with
a chord bearing N 720 21' 55" E 193.96 feet to Station 18+95.16 said Relocated
centerline and the beginning of a 716.20 foot radius, tangent curve, concave
Southerly; thence Easterly 228.12 feet along said curve, with a chord bear-
ing N 870 48' 24" E 227.16 feet to Station 21+23.28 said Relocated centerline;
thence S 830 04' 06" E 332.29 feet to Station 24+55.57 said Relocated center-
line; thence S 060 55' 54" W 122.96 feet, along a line at right angles to
said Relocated centerline, to a point on the Northerly right-of-way line of
the Chicago and North Western Transportation Company, said point being on
the existing Southerly rinht-of-way line of 13th Street in the City of Ames.
Iowa, said point also being the point of beginning; thence S 860 00' 00" E
11.46 feet along said existing Southerly right-of-way line of lath Street
to the beginning of a 1532.40 foot radius, tangent curve, concave Northerly;
thence Easterly 91.65 feet along said existing Southerly right-of-way line
and said curve, with a chord bearing N 870 42' 37" E 91.64 feet to a point
116.11 feet Southerly, measured radially, from Station 25+53.39 said Relocated
centerline; thence S 300 17' 02" E 65.04 feet to a point on the Northerly
right-of-way line of said Transportation Company, said point being 170.07
feet Southerly, measured radially. from Station 25+85.69 said Relocated center-
line; thence N 650 56' 28" W 148.72 feet along said Transportation Company
right-of-way to the point of beginning; containing 2.762 square feet.
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