HomeMy WebLinkAboutA004 - Street Right-of-Way Easement 79-4 FEE $
STREET RIGHT-OF-WAY EASEMENT 79-4
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 Coun-
ty, Iowa as shown on the plat, Parcel No. 3, 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.
to-wit:
1. Location: The easement herein granted shall be located upon
and lim 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
02209 said Relocated centerline; thence N 660 02' 57" E 98.27 feet
Mr.No. to Station 17+00.81 said Relocated centerline and the begin-
STORY COUNTY, IOWA ning of a 881.51 foot radius, tangent curve, concave South-
` FILED FOR RECORD easterly; thence Northeasterly 190.73 feet along said Relocat-
�� A.M. SEP 1 91979 .per ed centerline and said curve, with a chord bearing N 720 14'
SUSAN L.POTTER, Recorder 52" E 190.35 feet to Station 18+91.54 said Relocated center-
By line; thence N 110 33' 15" W 43.00 feet along a line radial to
Day the last said curve to the point of beginning, said point also
being the beginning of a 924.51 foot radius, non-tangent
curve, concave Southeasterly; thence Northeasterly 3.80 feet
along said curve, with a chord bearing N 781 32' 55" E 3.80
feet to a point 43.0 feet Northwesterly, measured radially,
from Station 18+95.16 said Relocated centerline, said point
also being the beginning of a 759.20 foot radius, tangent
curve. concave Southerly; thence Easterly 241.82 feet along
said curve, with a chord bearing N 870 48' 24" E 240.80 feet
to a point 43.0 feet Northerly, measured radially, from
Station 21+23.28 said Relocated centerline; thence S 830 04'
06" E 53.45 feet to a point on the existing Northerly right-
BOOK PAGE
STREET RIGHT-OF-WAY EASEMENT 79-4
of-way line of 13th Street in the City of Ames, Iowa, said
point being 43.0 feet Northerly, measured at right angles,
from Station 21+76.73 said Relocated centerline; thence N 860
00' 00" W 16.65 feet along said existing Northerly right-of-
way line of 13th Street to the beginning of a 1034.93 foot
radius, tangent curve, concave Southerly; thence Westerly
250.55 feet along said existing Northerly right-of-way line of
13th Street to a point on the Northerly right-of-way line of
the Chicago and North Western Transportation Company, said-
point being the beginning of a 3324.17 foot radius (chord
definition) non-tangent curve, concave Southerly; thence
Westerly 32.23 feet along said Transportation Company right-
of-way line and said curve, with a chord bearing N 751 24'
36" W 32.23 feet to the point of beginning; containing 2418
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 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. 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-
-z- BOOK 1� PAGE 10
STREET RIGHT-OF-WAY EASEMENT 79-4
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 m-Fersity 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. Relocation: In the event the Grantor requests a relocation
of said acilities 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 the facilities 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. Assignment Prohibited: This grant is to the Grantee only
and cannot be assigned 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
-3-
BOOK _-�- PAGE S�
STREET RIGHT-OF-WAY EASEMENT 79-4
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.
IN WITNESS WHEREOF, the Grantor has caused this instrume to be duly
execut d by its lawfully designated officials this day of
1979.
State Board of Regerds
By
Dir. of Facilities & Bus. gmt.
State of Iowa )
)ss:
County of Polk )
On this L__ day of A.D. 19-
d, before me, the
undersigned, 3Knotary tK i in and jor said County in said State, person-
ally appeared of the State Board
of Regents, k own to me and w executed the foregoing document and
,who acknowledged that he/she a ecuted the same as a voluntary act and
reed.
01,
b 4 !
® u
of 1 1Up in and for SAOiCounty
n mssiOn expires: A-30-
"s
BOOK PAGES .
-4-
STREET RIGHT-OF-WAY EASEMENT 79-4
Executive Council
Stat2ofowa
By
ecretary
State of Iowa )
)ss:
County of Polk )
::>> On this S 1 day of A.D. 19_2�, before me, the
,? a P ,. `,,,.undersigned, a notary
otar public in a or said County in said State, person-
�y o ' lly appeared (,U - •(,U� Secretary of the State Executive
jv
°Q6oUn al, known to me and who executed the foregoing document and who
a mowledged that he/she executed the same as a voluntary act and deed.
`Votary Public in and for Said County
,., ► My commission expires:
0
City of Ames -
L
By
Mayor T�
State of Iowa )
)ss:
County of Story)
On this,:?G day of A.D. 19177 before me, the
undersigned, a ar public ,in r sai County in said State, person-
ally appeare ,
known to me and who a cuted the ore ing document and who acknowl-
edged that he/she executed the same as a voluntary act and deed.
Notary' u is n an orSaid-
County
My commission expires: 1y 7y
• 1111 """t F
,
BOOK _L . PAGE �?. .
-5-
R
PARCEL NO. 3
CITY OF AMES, IOWA RIGHT OF WAY PLAT
SEC. 33 TWP 84 RANGE 24 W PROJECT NO.M-0166(2)--18-85
R.O.W.' FEE -- SO.FT., EASE. 2418 SO. FT.
ACQUIRED FROM IOWA STATE UNIVERSITY _
FOR CITY OF AMES, IOWA
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PAGE _ .
PARCEL NO. 3 -
• A ,
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, fovea. 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 bearino
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 also being the beginning of a 924.51
foot radius, non-tangent curve. concave Southeasterly; thence Northeasterly '
3.80 feet along said curve, with a chord bearing N 780 32' 55" E 3.80 feet
to a point 43.0 feet Northwesterly, measured radially, from Station 18+95.16
said Relocated centerline, said point also being the beginning of a 759.20
foot radius, tangent curve, concave Southerly; thence Easterly 241.82 feet
along said curve, with a chord bearing N 870 48' 24" E 240.80 feet to a
point 43.0 feet Northerly, measured radially, from Station 21+23.28 said
Relocated centerline; thence S 830 04' 06" E 53.45 feet to a point on the
existing Northerly right-of-way line of 13th Street in the City of Ames,
Iowa, said point being 43.0 feet Northerly, measured at right ,angles, from
Station 21+76.73 said Relocated centerline; thence N 860 00' 00" W 16.65
feet along said existing Northerly right-of-way line of 13th Street to the
beginning of a 1034.93 foot radius, tangent Curve, concave Southerly; thence
Westerly 250.55 feet along said existing Northerly right-of-way line of
13th Street to a point on the Northerly right-of-way line of the Chicago
and North Western Transportation Company, said point being the beginning of
a 3324.17 foot radius (chord definition non-tangent curve, concave Southerly;
thence Westerly 32.23 feet along said Transportation Company rioht-of-way line
and said curve, with a chord bearing N 750 24' 36" W 32.23 feet to the point
of beginning; containing 2418 square feet.
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