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HomeMy WebLinkAboutA008 - Street Right-of-Way Easement 79-8 O� SEE$ STREET RIGHT-OF-WAY EASEMENT 79-8 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: Southwest corner of 13th Street and Stange Road in Section 33, T84N , R24W of the 5th P.M. , Ames, Story County, Iowa as shown on the plat, Parcel No. 16, 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: O;32-t i INST.NO. 1. Location: The easement herein ranted shall be located upon STORY COUNTY, IOWA g p FILED FOR RECORD and limited to a permanent easement of that part of the 41, Southeast Quarter of Section 33, Township 84 North, Range I'DM. SEP 1 91979 Phi. 24 West of the 5th P.M. , Story County, Ames, Iowa, de- SUSAN L.POTTER,Recorder scribed as follows: Commencing at the point of intersection uty of Stange Road and 13th Street in the City of Ames, Iowa, By said point being centerline Station 43+55.54 of Relocated 13th Street in said City of Ames; thence S 00° 27' 27" E 60.01 ' feet along the centerline of said Stange Road to a point on the existing Southerly right-of-way line of 13th Street in said City of Ames, said point being 60.00 feet distant South- erly, measured at right angles, from said Relocated center- line, said point also being the point of beginning; thence continuing S 000 27' 27" E 30.00 feet along the centerline of said Stange Road; thence S 880 17' 20" W 33.00 feet along a line parallel with said existing Southerly right-of-way line; thence N 460 05' 04" W 41.96 feet to a point on said existing Southerly right-of-way line of 13th Street, said point being 63.00 feet Westerly from the point of beginning; thence N 880 17' 20" E 63.00 feet to the point of beginning; containing 1440 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. BOOK J_!2� WAGE -ZaZ STREET RIGHT-OF-WAY EASEMENT 79-8 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- 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 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 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 BOOK i PAGE _2LY -2- STREET RIGHT-OF-WAY EASEMENT 79-8 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 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 executeA by its lawfully designated officials this day of 1979. State Board of Regents By Z� Jfil e /'` 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 otary 1' in andJZ_adi County in said State, person- fell�,' �pered of the State Board °of Regrlts, known to me and executed the foregoing document and wltb `ac}� owedged that he/sheEtcuted the same as a voluntary act and t �Ijr � iblic in and or a d County `Albyuoiriiission expires: -`��$� OQK PAGE x. ;, -3- STREET RIGHT-OF-WAY EASEMENT 79-8 Executive Council State, of Iow By , ecretary State of Iowa ) )ss: County of Polk ) ; On this 56 day of A.D. 19 25, before me, the undersigned, a notary public in And br said County in said State, person- : ally appeared Gv�L , (,� � Secretary of the State Executive 0.4 9",g.ouncil, known to me and who executed the foregoing document and who V 5 owledged that he/she executed the same as a voluntary act and deed. a 011 • pis oryPublic in and for Said County ,-�!• y commission expires: -3v �fid � s ..a City of Ames By Mayor State of Iowa ) )ss: County of Story) On this ,a day of A.D. 19/:�/ before me, the undersigned, a, a y public in d said County in said State, person- ally appeare , known to me and who ecuted the foreong document and who acknowl- edged that he/she executed the same as a voluntary act and deed. Notary Pub in and for Said CouRty kMY commission expires: 79 All . v BOOK PAGESP �t t ti -4- PARCEL 140. 16 • CITY OF AMES, IOWA RIGHT OF WAY PLAT SEC.—33 _ _TWP__84__RANCE-_- —W PROJECT NO.M-016 LZ --Bl-85 R.O.W.- FEE SO.FT. CASE.__1444 SO, FT. ACOUIREO FROM Iowa State University _ FOR City of Ames, Iowa /C• M . It 10'LO�rCAr O f !.!T^ r'r �v� w Ex/yriNa a•cr �� V 13 Tie 1T. a fG'Os'of'A' f�si' r 1440 3Q,rr s ea•if•ro'w�s.oo' Vi . I lw �••��, G. K q S `��j��G�)It h•�©t r�Z .. ,.. r,. •,•w d fin. '".e ....•r •q. 5 5 4 3 Ihr Irwt of Ihr"ate of I—*. SuKv�,yP�P�, Gr,v 4 K.,t'n n,, 5;�1 D•U JC.ILE /••a 10• ,'4quuNtN� Sheet I of 1 BOOK .. .5(2_ PAGE -5- PARCEL NO. 16 , RIGHT OF WAY DESCRIPTION That part of the Southeast Quarter of Section 33, Township 84 North, Range 24 West of the 5th P.M., Story County, Anes, Iowa, described as follows: Coumencing at the point of intersection of Stange Road and 13th Street in the City of Ames, Iowa, said point being centerline Station 43+55.54 of Relocated 13th Street in said City of Ames; thence S 00* 27' 27" E 60.01 feet along the centerline of said Stange Road to a point on the existing Southerly right-of-way line of 13th Street, in.said City of tries, said point being 60.00 feet distant Southerly, measured at right angles, from said Relocated centerline, said point also being the point of beginning; thence continuing S 00* 27' 27" E 30.00 feet along the center- line of said Stange Road; thence S 380 17' 20" 11 33.00 feet along a line parallel with said existing Southerly right-of-way line; thence N 46° 05' 04" W 41.96 feet to a point on said existing Southerly right-of- way line of 13th Street, said point being 63.00 feet Westerly from the point of beginning; thence N 830 17' 20" E 63.00 feet to the point of beginninn; containing 1440 square feet. 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