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HomeMy WebLinkAbout~Master - Sanitary Sewer - Iowa State University Docket Item-B 6 Page 2 #mil SANITARY SEWER EASEMENT ffi �d sue' WHEREAS, The State of Iowa holds title to the following real estate located in Story County, Iowa for the use and benefit of Iowa State University of Science and Technology under the jurisdiction of the State Board of Regents, to-wit: Either side of the centerline of South Riverside Drive in the South Half (SO of Section 10 in T83N, R24W, 5th P.M. City of Ames, Story ,County, Iowa. 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 (hereinafter referred to as the Grantee) the following sanitary sewer easement, subject to these terms, covenants and conditions, to-wit: 1. Location: 10 feet either side of line commencing at a point 519.01 t North and 33 feet East of S. i Corner Section 10, T83N-R24W of the 5th P.M., City of Ames,-Story County, Iowa; thence N. $9°ll'30" W. 48 feet; thence N. 0 07'30" W. 227 feet; thence N. 1 01144" W. 1290 feet; thence N. 104515311 E. 620 feet. 2. Use: Said premises shall be used by the Grantee for the purpose off'constructing, reconstructing, operating, maintaining and repairing sanitary sewer lines, including all appurtenances 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 reasonable 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, damages in the course thereof shall be promptly replaced or restored by the Grantee. 4. Excavations: All ditches, trenches and other excavations shall be irm y fille and maintained in such manner as to present no hazard or obstacle to Grantor's use of the premises for other 04919 purposes. STORY COUNTY, IOWA FILED FOR RECORD 1�. A.M. DEC 151978 P.M 01091A A. POUNDS, Recorder er...............................................Deputy aooL.I.52 PAGE - 7 Docket Item B 6 r Page 3 t 5. Utilities Crossings: All crossings of existing sewers, water lines, electric lines or other existing facilities shall be according 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 AM s -successors in interest and Iowa State University of Science and Technology and the officers, employees, students, tenants, guests and invitees thereof, harmless from any and all damages arising, directly or indirectly, 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 granted. 8. Relocation: In the event the Grantor requests a relocation of said aci i ies and easement because 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 suitabl locations to be provided by the Grantor, the actual cost of r ocation, 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 terminate. 9. Consideration: The consideration for this grant is the fact that e sanitary sewer line to be constructed will be part of the jointly-operated sewerage facility and may also serve the requirements of facilities hereafter constructed or 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 en ure-or so long as the City of Ames, Iowa continues.to use the same for sanitary sewage service. Whenever said use shall be discontinued, all rights granted herein shall terminate and revert to the Grantor. 800K,. 4--UPAG&_,1 a Docket Item B '6 Page 4 11. Assignment Prohibited: This grant is to the City of Ames, Iowa, 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 instrument to be duly executed by its lawfully designated officials this _16th day of June , 1978. State Board of Regents City of Ames By By C-��V ZE retar M yor Executive Council Attest: State of Iowa By S cretary City Verk BOOK-.W-PAGE ,g....� SANITARY SEWER EASEMENT ` Docket Item B 6 Page 5 i 33' 33' CENTER SEC. 10 T83N R24W a 1 1 Olt Id I z� 1 � y N 10' c W 0 OI I �� N' 3I 1 tI i w of I 0 _N I I N II i ' i 1 1 "0 1 _r l 0 o ! 1 O l -- N89° 11'30"W- 48' Is' . M o o, S 1/4 COR. SEC. 10 T83N R 24 W 33 33 A strip of. land 20 feet in width described as follows: 10 feet either side of a line commencing at a point 519.03 feet North and 33 feet East of S. 1/4 Cor. Sec. 10, T83N-R24W of the 5 P.M. City of Ames, Story County, Iowa; thence N. 89011' 30" W. 48 feet; thence N. 0*07130" W. 227 feet; thence N. 1001 '44" W. 1290 feet; thence N. 1°45' 53" E. 620 feet. BOOK_L-".PAGE DEPARTMENT OF ENGINEERING CITY OF AMES IA. Wpm* r-a fY c � © �, ' Cn1 � fyl cn F71 O l