HomeMy WebLinkAboutA006 - Street Right-of-Way Easement 79-6 02213
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$--�-0 DRAINAGE EASEMENT 79-6
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. and Section
4, T83N, R24W of the 5th P.M. , Ames, Story County, Iowa as
shown on the plat, Parcel No. 12, 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 Drainage Ease-
ment subject to these terms, covenants and conditions, to-wit:
1. Location: The easement herein granted shall be located upon
and l m ted to a permanent easement of that part of the
02213 Southwest Quarter of Section 33, Township 84 North, Range
INST.NO. 24 West of the 5th P.M. , and that part of the Northwest
STORY COUNTY, IOWA Quarter of Section 4, Township 83 North, Range 24 West of
coo FILED FOR RECORD
the 5th P.M. , Story County, Ames, Iowa, described as
A.M. SEP 1 91979 41W follows: Commencing at the Southwest corner of the South-
SUSAN L.POTTER,Rardet east Quarter of the Southwest Quarter of said Section 33;
thence S 900 00' 00" W 424.90 feet along the South line of
By ° 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 Southeaster-
ly; thence Northeasterly 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 center-
line 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 381.00 feet to Station 25+04.28 said Relocated
centerline and the beginning of a 1145.92 foot radius, tan-
gent curve, concave Northerly; thence Easterly 49.11 feet
along said curve, with a chord bearing S 840 17' 46" E 49.10
feet to Station 25+53.39 said Relocated centerline; thence S
040 28' 34" W 116.11 feet along a line radial to the last said
curve to a point on the existing Southerly right-of-way line
BOOK5 PAGE
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DRAINAGE EASEMENT 79-6
of 13th Street in the City of Ames, Iowa, and the point of
beginning, said point also being the beginning of a 1532.40
foot radius, non-tangent curve, concave Northerly; thence
Easterly 166.75 feet along said existing Southerly right-of-
way line of 13th Street and said curve, with a chord bearing
N 870 27' 211, E 166.67 feet to a point 106.71 feet Southerly,
measured radially, from Station 27+05.16 said Relocated
centerline; thence S 210 49' 40" W 112.64 feet to a point on
the Northerly right-of-way line of the Chicago and North
Western Transportation Company, said ' point being 209.68
feet Southerly, measured radially, from Station 26+65.00 said
Relocated centerline; thence N 650 56' 28" W 100.56 feet
along said Transportation Company right-of-way line to a
point 170.07 feet Southerly, measured radially, from Station
25+85.69 said Relocated centerline; thence N 3010 17' 02" W
65.04 feet to the point of beginning; containing 10,204
square feet.
2. Use: Said premises shall be used by the Grantee for the
purpose of constructing, reconstructing, operating, main-
taining and repairing drainage facilities, including all appur-
tenances 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 beffrmly 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, a ectric Ifnes 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
ru 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-
BOOK Jf PAGE =2J(,o -2-
DRAINAGE EASEMENT 79-6
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 U vru ersity 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. 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 so long as the Grantee continues to use the
same for drainage facilities. Whenever said use shall be
discontinued, 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 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 _SSA PAGE
-3-
DRAINAGE EASEMENT 79-6
IN WITNESS WHEREOF, the Grantor has caused this instrumen to be duly
executeg 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 2— day of A.D. 13Z, before me, the
undersigned, notar 1 in ind r said County in said State, person-
ally appeared of the State Board
of Regents, known to me and executed the foregoing documentand
who acknowledged that he/shecuted the same as a voluntary act and
deed.
r Public in and or S County
„ 1 `commission expires: �C
r ' ti„kt
Executive Council
State owa
By
Secretary
State of Iowa
)SS•
�•� u J _
' - County of Polk )
n On this S day of A.D. 19�, before me, the
1 •m idersi ned a notar y public in and or said County in said State, person-
A ts� y appeared '
, /Al �L- .1 , Secretary of the State Executive
*C until, 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 P'u_1311c in and for Said County
My commission expires: mod
BOOK --1� PAGE -4-
DRAINAGE EASEMENT 79-6
City of Ames
By
Mayor
-
State of Iowa )
)ss:
County of Story)
On this 1P day of A.D. 19/y before me, the
undersigned, a to public jnffid foesaidCounty in said State, person-
ally appears ,
known to me Ana Who excricuted the foregolng document and who acknow -
edged that he/she executed the same as a voluntary act and deed.
Notary PubM in and for ai oun y
My commission expired i9 79
C Nt
BOOK _ PAGE _22
-5-
r' PARCEL NO. 12
CITY OF AMES, IOWA RIGHT OF WAY PLAT
SEC 3TWB Bl-84 RANGE�W and PROJECT N0.M-0166(2)--81-85
R.O.W.' FEE,=.`S0.FT. EASE.IQ2&4 SO. FT.
ACOUIRED FROM IOWA STATE UNIVERSITY
FOR CITY OF AMES, IOWA
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Sheet 1 of 2
BOOK _--S�e_ PAGE
—6—
PARCEL NO, 12
RIGHT OF WAY DESCRIPTION
That part of the Southwest Quarter of Section 33, Township 84 North,
Range 24 West of the Sth 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
Southerlp thence Easterly 228.12 feet along said curve, with a chord bear-
ing N 87 48' 24" E 227.16 feet to Station 21+23.28 said Relocated centerline;
thence S 830 04' 06" E 381.00 feet to Station 25+04.28 said Relocated center-
line and the beginning of a 1145.92 foot radius, tangent curve, concave
Northerly; thence Easterly 49.11 feet along said curve, with a chord bear-
ing S 84u 17' 46" E 49.10 feet to Station 25+53.39 said Relocated centerline;
thence S 040 28' 34" W 116.11 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 1532.40 foot radius, non-tangent curve, concave Northerly;
thence Easterly 166.75 feet along said existing Southerly right-of-way line
of 13th Street and said curve, with a chord bearing N 870 27' 21" E 166.67
feet-to a point 106.71 feet Southerly, measured radially, from Station 27+05.16
said Relocated centerline; thence S 210 49' 40" W 112.64 feet to a point on
the Northerly right-of-way line of the Chicago and North Western Transporta-
tion Company, said point being 209.68 feet Southerly, measured radially, from
Station 26+65.00 said Relocated centerline; thence N 650 56' 28" W 100.56
feet along said Transportation Company right-of-way line to a point 170.07
feet Southerly, measured radially, from Station 25+85.69 said Relocated
centerline; thence N 300 17' 02" W 65.04 feet to the point of beginning;
containing 10,204 square feet.
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