HomeMy WebLinkAboutA007 - Drainage Easement 79-7 R
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02214
INST # --►-
FEE $ 021SP—1 M
DRAINAGE EASEMENT 79-7
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 5(h P.M. , Ames, Story Coun-
ty, Iowa as shown on the plat, Parcel No. 13, 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 imil 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-
1scribed as follows: Commencing at the Southwest corner of
'NST'N0' the Southeast Quarter of the Southwest
STORY CO NTY, IOWA @ Quarter of said
FILED FOR RECORD Section 33; thence S 900 00' 00" W 424.90 feet along the
$� South line of said Southwest Quarter to centerline Station
A.M. SEP 1 91979 -i- 12+29.98 of Relocated 13th Street in the City of Ames, Iowa,
SUSAN L.POTfEA,Recorder and the beginning of a 1273.24 foot radius, non-tangent
By Deputy 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 Relocat-
ed 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 445.72 feet
along said Relocated centerline and said curve, with a chord
bearing N 850 47' 20" E 442.91 feet to Station 29+50.00 said
Relocated centerline; thence N 150 21' 14" W 79.92 feet,
along a line radial to said Relocated centerline, to a point on
the existing Northerly right-of-way line of 13th Street in the
City of Ames, Iowa, said point being the point of beginning;
thence continuing N 150 21' 14" W 60.08 feet; thence N 731
25' 30" E 55.98 feet; thence S 170 00' 00" E 50.00 feet to a
point on said existing Northerly right-of-way line, said point
BOOK PAGE .���
DRAINAGE EASEMENT 79-7
being 90.00 feet Northerly, measured at right angles, from
Station 30+10.00 said Relocated centerline; thence S 730 00'
00" W 26.46 feet along said existing right-of-way line; thence
S 170 00' 00" E 10.00 feet along said existing right-of-way
line to the beginning of a 1352.40 foot radius, non-tangent
curve, concave Northerly; thence Westerly 31.24 feet along
said existing right-of-way line and along said curve, with a
chord bearing S 730 39' 10" W 31.24 feet to the point of
beginning; containing 3154 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 in-
gress 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
Imes, electric 1 nes 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 PAGE
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DRAINAGE EASEMENT 79-7
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 facilities 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 t e--Tacilities 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. _A_s_s_ig�nment 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 PAGE
-3-
4
DRAINAGE EASEMENT 79-7
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
Dir. of Facilities & Bus. M t,
State of Iowa )
)as:
County of Polk )
On this day of A.D. 1973, before me, the
undersigned, notary 1' in and or said County in said State, person-
ally, appeared of the State Board
of Regents, known to me and w executed the foregoing document and
wh!p,,;ackn wledged that he/she a cuted the same as a voluntary act and
..deb
hm ;.
' `Ic in and or S i Cou ty
-q3+ scion expires: - p
Executive Council
State Ipra
By
Secretary
w °
State of Iowa )
County of Polk )
' On this 5� day of A.D. 192f, before me, the
ersigned, a notary ublic in an or said County in said State, person-
°"" '`'' ally appeared Gy•c. Secretary of the State Executive
Council, known to me and who a ecuted the foregoing document and who
acknowledged that he/she executed the same as a voluntary act and deed.
Notary/Public in and for Said County
My commission expires: f-3,1-t/
BOOK 1 Sb PAGE Irs
-4-
a
DRAINAGE EASEMENT 79-7
City of Ames
L
Mayor
State of Iowa )
)ss:
County of Story)
On this ,:�4 day of A.D. before me, the
undersigned, aeoteFy public, in dfoof said County in said State, person-
ally appears _ ,
known to me7i-nd who exdcuted the forego` g document and who acknowl-
edged that he/she executed the same as a voluntary act and deed-.
Notary Public in an or Said C-o—un-Fy
My commission expires: 1�7�
i
BOOK c> PAGE
-5-
T f
PARCEL N0. 13
CITY OF AMES, IOWA RIGHT OF WAY PLAT
SEC.__ 33TWR $+ RANGE 24 W PROJECT NO. M-0166(2Z-81-85
R.O.W.- FEE -- SO. FT. EASE. 3154 SO. FT.
ACQUIRED FROM Iowa State University
FOR _ City of Ames, Iowa
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Sheet l of 2
BOOK PAGE -6-
PARCEL NO. 13
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RIGHT Of WAY DESCRIPTIO14
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 90° 00' 00" It 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 74° 25' 54" E 371.23 feet to Station 16*02.54
said Relocated centerline; thence N 66° 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 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 bearing
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 445.72 feet along said Relocated centerline and
said curve, with a chord bearing N 35° 47' 20" E 442.91 feet to Station
29+50.00 said Relocated centerline; thence N 15° 21' 14" W 79.92 fret, along
a line radial to said Relocated centerline, to a ooint on the existing
Northerly right-of-way line of 13th Street in the City of Ames, Iowa, said
point being the point of beginning; thence continuing I1 15' 21' 14" ':1 50.08
feet; thence N 73° 25' 30" E 55.98 feet; thence S 17° 00' 00" E 50.00 feet
to a point on said existing Northerly right-of-way line, said point beino
90.00 feet Northerly, measured at right angles, from Station 30+10.00 said
Relocated centerline; thence S 73' 00` 00" W 26.46 feet along said existing
right-of-way line; thence S 17' 00' 00" E 10.00 feet along said existing
right-of-way line to the beginning of a 1352.40 foot radius, non-tangent
curve, concave Northerly; thence llesterly 31.24 feet along said existing
right-of-way line and along said curve, with a chord bearing S 73° 39' 10" W
31.24 feet to the point of beginning; containing 3154 square feet.
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