HomeMy WebLinkAboutA005 - Street Right-of-Way Easement 79-5 Q2
M
STREET RIGHT-OF-WAY EASEMENT 79-5
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. 8, 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
("sr.NO.
0221O and limited to a permanent easement of that part of the
STORY COUNTY, IOWA SouthwestQuarter of Section 33, Township 84 North, Range
FILED FOR RECORD 24 West of the 5th P.M. , Story County, Ames, Iowa, de-
scribed as follows: Commencing at the Southwest corner of
`p A.M. SEP 1 91979 �W the Southeast Quarter of the Southwest Quarter of said
SUSAN L.POTTER,Recorder Section 33; thence S 900 00' 00" W 424.90 feet along the
South line of said Southwest Quarter to centerline Station
By 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 156.37 feet along said
Relocated centerline and said curve, with a chord bearing N
710 07' 53" E 156.16 feet to Station 18+57.18 said Relocated
centerline; thence N 13° 47' 14" W 95.00 feet along a line
radial to the last said curve to the point of beginning, said
point being the beginning of a 976.51 foot radius, non-
tangent curve, concave Southeasterly; thence Northeasterly
42.08 feet along said curve, with a chord bearing N 771 26'
45" E 42.07 feet to a point 95.0 feet Northwesterly, mea-
sured radially, from Station 18+95.16 said Relocated center-
line, said point also being the beginning of a 811.20 foot
radius, tangent curve, concave Southerly; thence Easterly
258.38 feet along said curve, with a chord bearing N 870 48'
24" E 257.29 feet to a point 95.0 feet Northerly, measured
radially, from Station 21+23.28 said Relocated centerline;
thence S 830 04' 06" E 226.72 feet to a point 95.0 feet North-
erly, measured at right angles, from Station 23+50.00 said
Relocated centerline; thence S 700 29' 21" E 158.08 feet to a
point 60.57 feet Northerly, measured radially, from Station
BOOK -IS(n 'AGE -_�S(e
STREET RIGHT-OF-WAY EASEMENT 79-5
25+04.28 said Relocated centerline, said point being on the
existing Northerly right-of-way line of 13th Street in the
City of Ames, Iowa, said point also being the beginning of a
1352.40 foot radius, non-tangent curve, concave Northerly;
thence Westerly 46.58 feet along said existing Northerly
right-of-way line of 13th Street and said curve, with a
chord bearing N 860 58' 50" W 46.58 feet; thence N 860 00'
00" W 281.44 feet along said existing Northerly right-of-way
line of 13th Street to a point 43.0 feet Northerly, measured
at right angles, from Station 21+76.73 said Relocated center-
line; thence N 830 04' 06" W 53.45 feet to a point 43.0 feet
Northerly, measured radially, from Station 21+23.28 said
Relocated centerline, said point being the beginning of a
759.20 foot radius, tangent curve, concave Southerly; thence
Westerly 170.93 feet along said curve, with a chord bearing
N 890 31' 02" W 170.56 feet to a point 43.0 feet Northerly,
measured radially from Station 18+86.04 said Relocated center-
line, said point also being the beginning of a 3354.17 foot
radius (chord definition), non-tangent curve concave South-
erly; thence Westerly 125.29 feet along said curve with a
chord bearing N 750 35' 05" W 125.28 feet to the point of
beginning; containing 26,753 square feet.
2. Use: Said premises shall be used by the Grantee for the
purpose of constructing, reconstructing, operating, maint-
aining 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
t-Fe 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- e—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
iI s, electriclines ns 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.
BOOK _15(Z PAGE -2-
STREET RIGHT-OF-WAY EASEMENT 79-5
6. Liability: Grantee covenants to indemnify and save the
rG 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,
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. 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 thirty30( ) years from the date of this Agreement
the liabilit
y 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 line
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.
BOOKS°- PAGE
-3-
STREET RIGHT-OF-WAY EASEMENT 79-5
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 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
execute by its lawfully designated officials this day of
1979.
State Board of Regents
By
Dir. of Facilities & Bus. Mg t.
State of Iowa )
)ss:
County of Polk )
On this day of A .D. 1971, before me, the
undersigned, a notary 1' in and r said County in said State, person-
ally appeared of the State Board
- Regents, known to me and o executed the foregoing document and
who acknowledged that he/she a ecuted the same as a voluntary act and
e� i
ti t PU_tQb in and for id County
{ ,� 'mmiWon expires:
SY
I All
PAGE
-4-
STREET RIGHT-OF-WAY EASEMENT 79-5
Executive Council
State o Iowa
By ,
ecretary
State of Iowa )
)ss:
County of Polk77
)
On this _ day of A.D. 19�f, before me, the
n '•�fh&rsigned, a note public in n or sai County in said State, person-
a11� °'appeared Secretary of the State Executive
'.xC un?cil, known to me an w who the fore s s + 4 going document and who
e wled d that he/she executed the same as a voluntary. � ry act and deed.
®.s
Notary Yublic in and for Said County
My commission expires: `1 -3-9 -d'0
City of Ames
l `
BY
Mayor
State of Iowa )
)as:
County of Story)
On this,,, day of / A.D. 19,�f before me, the
undersigned, a tary public in fgfsaid County in said State, person-
ally appeared ,
known to me 6nd who exe ted the foregorng document and who acknowl-
edged that he/she executed the same as a voluntary act and deed.
Notary Publid in and for Said County
My commission expires:
a
�.�:a -5-200K . PAGE .-d'.(e,Q,
P
Y
PARCEL NO. 8 '
CITY OF AMES, IOWA RIGHT OF WAY PLAT
SEC. 33 TWP 84 RANGE 24 W PROJECT NOM-0166(2)--81-85
R.O.W.- FEE -- SO.FT. EASE.ZLZU SO.FT.
ACOUIREO FROM IOWI STATE UNIVERSITY
FOR CITY OF AMES. IOW1
e
A fir.. b ...Z
• va
Z
�VOq
ierss.�
vh {,,•h
44
hQdi �r y► 4DID, Zt�aD
q n iV Ywo
a��4v: O
ee AAO� i R�So
A^ a 4 /A
off .°. R
��Is x s •, 42 � � �
r s ; Ya = qb � y sr� roo
d
esra,�
Z e
JCAL E
Sheet 1 of 2
BOOK _.15.e PAGE = -6-
PARCEL NO. 8 .�
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, ar,d 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 156.37 feet along
said Relocated centerline and said curve, with a chord bearing N 71007'53"E
156.16 feet to Station 18+57.18 said Relocated centerline; thence
N 130 47' 14" W 95.00 feet along a line radial to the last said curve to
the point of beginning, said point being the beginning of a 976.51 foot
radius, non-tangent curve, concave Southeasterly; thence Northeasterly
42.08 feet along said curve, with a chord bearing N 770 26' 45" E 42.07
feet to a point 95.0 feet Northwesterly, measured radially, from Station
18+95.16 said Relocated centerline, said point also being the beginning of
a 811.20 foot radius, tangent curve, concave Southerly; thence Easterly
258.38 feet along said curve, with a chord bearing N 870 48' 24" E 257.29
feet to a point 95.0 feet Northerly, measured radially, from Station 21+23.28
said Relocated centerline; thence S 830 04' 06" E 226.72 feet to a point
95.0 feet Northerly, measured at right angles, from Station 23+50.00 said
Relocated centerline; thence S 700 29' 21" E 158.08 feet to a point 60.57
feet Northerly, measured radially, from Station 25+04.28 said Relocated,
centerline, said point being on the existing Northerly right-of-way line
of 13th Street in the City of Ames, Iowa, said point also being the beginning
of a 1352.40 foot radius, non-tangent curve, concave Northerly; thence
Westerly 46.58 feet along said existing Northerly right-of-way line of 13th
Street and said curve, with a chord bearing N 86o 58' 50" W 46.58 feet;
thence N 860 00' 00" W 281.44 feet along said existing Northerly right-of-way
line of 13th Street to a point 43.0 feet Northerly, measured at right angles,
from Station 21+76.73 said Relocated centerline; thence N 830 04' 06" W
53.45 feet to a point 43.0 feet Northerly, measured radially, from Station
21+23.28 said Relocated centerline, said point being the beginning of a
759.20 foot radius, tangent curve, concave Southerly; thence Westerly 170.93
feet along said curve, with a chord bearing N 89 31' 02" W 170.56 feet to a
point 43.0 feet Northerly, measured radially from Station 18+86.04 said
Relocated centerline, said point also being the beginning of a 3354.17 foot
radius (chord definition), non-tangent curve concave Southerly; thence
Westerly 125.29 feet along said curve with a chord bearing N 750 35' 05" W
125.28 feet to the point of beginning; containing 26,753 square feet.
`V
'BOOK - .. PAGE Z-.,, -�-