HomeMy WebLinkAboutA002 - Street Right-of-Way Easement 79-2 M
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STREET RIGHT-OF-WAY EASEMENT 79-2 �R. Qap
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. 1, 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 Street Right-of-
Way Easement subject to these terms, covenants and conditions,
j to-wit:
1. Location: The easement herein granted shall be located upon
an ted to a permanent easement of that part of the
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-
Gp g ning of a 881.51 foot radius, tangent curve, concave South-
4 ��a�� easterly; thence Northeasterly 194.35 feet along said Relocat-
F��. Q 1 �%% o.9 ed centerline and said curve, with a chord bearing N 720 21'
S� 55" E 193.96 feet to Station 18+95.16 said Relocated center-
line and the beginning of a 716.20 foot radius, tangent
curve, concave Southeasterly; thence Northeasterly 16.31
to feet along said Relocated centerline and said curve, with a
e� chord bearing N 790 19' 24" E 16.31 feet to Station 19+11.47
said Relocated centerline; thence S 100 00' 49" E 100.73 feet
along a line radial to the last said curve, to a point on the
existing Southerly right-of-way line of 13th Street in the
City of Ames, Iowa and the point of beginning, said point
also being the beginning of 904.93 foot radius, non-tangent
curve, concave Southeasterly; thence Northeasterly 50.00
feet along said existing Southerly street right-of-way line
and said curve, with a chord bearing N 810 12' 44" E 49.99
feet to a point on the Southerly right-of-way line of the
BOOK -1 6 PAGE gR35'
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STREET RIGHT-OF-WAY EASEMENT 79-2
Chicago and North Western Transportation Company, said
point being the beginning of a 3224.17 foot radius (chord
definition), non-tangent curve, concave Southerly; thence
Easterly 100.00 feet along said Transportation Company
right-of-way line and said curve, with a chord bearing S 72°
35' 24" E 100.00 feet to a point 131.16 feet Southerly,
measured radially, from Station 20+82.95 said Relocated
centerline; thence N 810 15' 12" W 146.53 feet to the point of
beginning; containing 1141 square feet.
2. Use: Said premises shall be used by the Grantee for the
purpose of constructing, reconstructing, operating, main-
taining and repairing a public street, including all appurte-
nances 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 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 rrnly 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. 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,
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.
BOOK -IS-6 PAGE A 3
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STREET RIGHT-OF-WAY EASEMENT 79-2
7. Rights Reserved: The Grantor reserves to itself and to
Iowa—State versity of Science and Technology the right to
the full use of said premises for any purpose it sees St
which does not interfere with Grantee's rights herein grant-
ed.
8. Relocation: In the event the Grantor requests a relocation
of sai cilities 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 termi-
nate.
9. Consideration: The consideration for this grant is the fact
that thie rai-c-111 ities to be constructed serve the requirements
of facilities hereafter operated by the Grantor. The Grantee
shall construct and maintain on both sides of the 13th Street
right-of-way and on the west side of the Stange Road right-
of-way between 13th Street and Squaw Creek chain link
fencing and hazard barriers to protect the users of 13th
Street from golf balls, wildlife and persons that might stray
onto the right-of-way and to restrict access to University
property from 13th Street. Construction and maintenance
of said fencing and hazard barriers shall be subject to the
minimum requirements of the University.
10. Duration: This easement is granted and all rights hereunder
shall-endure for so long as the Grantee continues to use the
same for a public street. Whenever said use shall be discon-
tinued, all rights granted herein shall terminate and revert
to the Grantor.
11. Assi nment Prohibited: This grant is to the Grantee only
an cannot a assned in whole or part to any other party
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 PAGE ...8, 3
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STREET RIGHT-OF-WAY EASEMENT 79-2
IN WITNESS WHEREOF, the Grantor has caused this instrument to be duly
executed by its lawfully designated officials this ._ day of
1979.
State Board of Regents ,
By �A �
Dir. of Facilities & Bus. t.
State of Iowa )
)ss:
County of Polk )
On this 9 day of A.D. 19 , before me, the
undersigned, notary p bl in and fqr saff County in said State, person-
ally appeared
known to me an executed the foregoing document and
who acknowledged that he/she a ecuted the same as a voluntary act and
4 •qr`
1 d. . y Pub1 c in and for S4ftd County
'lily,66mniijsion expires:
elf" Jaaeon ac l°rb cy
' ?84xpe'dtive Council
e
;t&1lott
By
e re ary
State of Iowa )
i
County of Polk )
J
t+ ,_
On this
"• � , m �,. ,. - day of A.D. 197y, before me, the
,' ``i ,�„uI};drsigned, a notary public in n or sa d County in said State, person-
4 s'lilfy appeared Secretary of 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"PubRe in and for Said County
My commission expires: _ -3 --Pa
BOOK _!�� PAGE 3.�
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STREET RIGHT-OF-WAY BASEMENT 79-2
City of Ames
By
Mayor
State of Iowa )
)as:
County of Story)
On this day of A.D. 191/l,' before me, the
undersigned, a tary public In Wd fVsaid- County in said State, person-
ally appeared
known to me n who ex ute the ore ng document an w o ac now -
edged that he/she executed the same as a voluntary act and deed.
x
t�tary Public in an or a oun y
rty commission expires: q
BOOK PAGE `L
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PARCEL NO._ i
CITY OF AMES, IOWA RIGHT OF WAY PLAT
SEC. 33 TWP 84 RANGE 24 W PROJECT NOt-0166(2)--81-85
R.O.W.- FEE - SO.FT. EASE.—!141 SO.FT.
ACQUIRED FROM 1011A STATE UNIVERSITY
FOR_! CITY OF AMES, IOUA r
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Sheet I of 2
BOOK PAGE _P
—6—
1
PARCEL NO. I ` s
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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, Armes, 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" IJ 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 Aims, 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 194.35 feet
alon� said Relocated centerline and said curve, with a chord bearing
N 72 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 South-
easterly; thence Northeasterly 16.31 feet along said Relocated centerline
and said curve, with a chord bearing N 790 19' 24" E 16.31 feet to Station
19+11.47 said Relocated centerline; thence S 100 00' 49" E 100.73 feet
along a line radial to the last said curve, to a point on the existing
Southerly right-of-way line of 13th Street in the City of Ames, Iowa and
the point of beginning, said point also being the beginning of a 904.93 foot
radius, non-tangent curve, concave Southeasterly; thence Northeasterly 50.00
feet along said existing Southerly street right-of-way line and said curve,
with a chord bearing N 810 12' 44" E 49.99 feet to a point on the Southerly
right-of-way line of the Chicago and North Western Transportation Company,
said point being the beginning of a 3224.17 foot radius (chord definition),
non-tangent curve, concave Southerly; thence Easterly 100.00 feet along
said Transportation Company right-of-way line and said curve, with a chord
bearing S 720 35' 24" E 100.00 feet to a point 131.16 feet Southerly,
measured radially, from Station 20+82.95 said Relocated centerline; thence
N 810 15' 12" W 146.53 feet to the point of beginning; containing 1141
square feet.
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