HomeMy WebLinkAboutA009 - Street Right-of-Way Easement 79-9 0:421z
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STREET RIGHT-OF-WAY EASEMENT 79-9
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:
Northwest 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. 17, 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 imil ted to a permanent easement of that part of the
Southeast Quarter of Section 33, Township 84 North, Range
U2212 24 West of the 5th P.M. , Story County, Ames, Iowa, de-
iNsr.No. scribed as follows: Commencing at the point of intersection
STORY COUNTY, IOWA of Stange Road and 13th Street in the City of Ames, Iowa,
FILED FOR RECORD
Oy 1, said point being centerline Station 43+55.54 of Relocated 13th
A.M. SEP 1 91979 MT Street in said City of Ames; thence N 000 06' 23" W 60.02
SUSAN L.POTTER,Recorder foot along the centerline of said Stange Road, to a point on
the existing Northerly right-of-way line of 13th Street in
eY °OPT said Cityof
Ames, said point being 60.00 feet distant North-
erly, measured at right angles, from said Relocated center-
line, said point also being the point of beginning; thence
continuing S 880 17' 20" W 77.22 feet along said existing
Northerly right-of-way line; thence N 010 42' 40" W 15.00
feet along .'a line at right angles to said existing Northerly
right-of-way line; thence N 880 17' 20" E 77.64 feet along
a line parallel with said existing Northerly right-of-way
line to the centerline of said. Stange Road; thence
S 000 06' 23" E 15.01 feet to the point of beginning;
containing 1161 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.
BOUK t� PAGE Zc
STREET RIGHT-OF-WAY EASEMENT 79-9
4. Excavations: All ditches, trenches and other excavations
shall bermly 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
Hines, 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. __L�iia__b__illi�ity�: 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- �n versity 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
o 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 acilities 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
BOOK WAGE -a?70 -2-
j -
STREET RIGHT-OF-WAY EASEMENT 79-9
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 disccn-
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
executed by its lawfully designated officials this day of
T - ._._• 1979.
State Board of Regents
By
Dir. of Facilities & Bus. 7Mggt.
State of Iowa )
)ss:
County of Polk )
On this day of A.D. 19 )9, before me, the
e,;rsigned, notar u ' jh
or said County inlaid State, person-
'>�li ` speared , p9U i P Zre*4»y of the State Board
of Re nts, known to me ao executed the foregoing document and
r►ho; acknowledged that heIsecuted the same as a voluntary act and
ary,` Public in and o aid Cou ty
M commission expires: -36
_3_ BOOK PAGE
STREET RIGHT-OF-WAY EASEMENT 79-9
Executive Council
State of I wa
By ., .
Secre ary
State of Iowa )
)as:
County of Polk )
On this S day of A.D. 1W, before me, the
undersigned, a notary public in n or said County in said State, person-
ally appeared •e" ,I . d__ Secretary of the State Executive
Council, known to me and who executed the foregoing document and who
acknowledged that he/she executed the same as a voluntary act and deed.
ublic in and or• ' Said County
� „ commission expires: -3�-,eo
� _...
ZV
, 9 V
. ,,%%N;k ity of Ames
fit. ,
By
Mayor
State of Iowa )
)ss:
County of Story)
On this day of r A.D. before me, the
undersigned, a (p9tag public -in said County in said State, person-
ally appeare , ���2,/,c.�.r
known to me and who a euted the ore ang document and who acknowl-
edged that he/she executed the same as a voluntary act and deed.
20
NotaryPublic-Anand or Said County
My commission expires:
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OK PAGE 2 72.• -4-
•
• PARCEL NO. 11
CITY OF AMES, IOWA RIGHT OF WAY PLAT
SEC. 33 TWP. 84 RANGE 24 W PROJECT NO, M-0166 2 --81-85
R.O.W.' FEE -- SQ.FT. EASE. 1161 SQ.FT
ACOUIREO FROM__ lowa State University
FOR City of Mies, Iowa _
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PARCEL 140. 17
RIGHT OF WAY DESCRIPTION r
That part of the Southeast Quarter of Section 33, Township 84 North,
Range 24 West of the 5th P.M., Story County, Ames, Iowa, desceibed as
follows: Commencing 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 Arnes;',,thende'
N 00* 06' 23" W 60.02 foot along the centerline of said Stange Road, to
a point on the existing Northerly right-of-way line of 13th Street in
said City of Ames, said point being 60.00 feet distant Northerly, measured
at right angles, from said Relocated centerline, said point also being the
point of beginning; thence S 88° 17' 20" W 77.22 feet along said existing
Northerly right-of-way line; thence N Ol° 42' 40" W 15.00 feet along a line
at right angles to said existing Northerly right-of-way line; thence
N 880 17' 20" E 77.64 feet along a line parallel with said existing Northerly
right-of-way line to the centerline of said Stange Road; thence S 00* 06' 23" E
15.01 feet to the point of beginnings containing 1161 square feet.
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