HomeMy WebLinkAbout~Master - Electric Distribution - Iowa State Board of Regents Docket Item B 2
. INST 0.899'3 Page 2 -
FEE $ ELECTRIC DISTRIBUTION EASEMENT
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 Hunt Street between Hayward and Sheldon Avenues in
Section 9, T83N, R24W of the 5th P.M. , Ames, Story County,
Iowa as shown on the plat, Exhibit "A".
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 Electric
Distribution Easement, subject to these terms, covenants and
conditions, to-wit:
1. Location: The easement herein granted shall be located upon
ang mited to a permanent easement beginning at a point
08993 Sixty (60) Feet North and Eighty (80) Feet East of the
Southwest Corner of Outlot 1 of the NEI of the NWJ of
I'�,wo. Oug- �QWRP Section 9, T83N, R24W of the 5th P.M. , Ames, Story
N*By C FiECORO County, Iowa; thence East 23.3 Feet to the West line of
� I .ED FOR � vacated alleyin Block 1, Resler & Miller Addition; thence
`:MAY 1 �g79 North 92 Feet to the North line said vacated alley; thence
R,Recocder East along said North line to the West R.O.W. line of
SUSAN�� DOW Hayward Avenue; thence North 25 Feet; thence West to the
East R.O.W. line of South Sheldon Avenue; thence South 42
Feet; thence East 50 Feet; thence South 75 Feet to the point
of beginning.
2. Use: Said premises shall be used by the Grantee for the
purpose of constructing, reconstructing, operating, main-
taining and repairing electric lines, 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, damages 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.
BOOK 152 PAGE a®
Docket Item B 2
� �h
Page 3
5. Utilities Crossings: All crossings of existing sewers, water
Tines, a ectric Ines 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 aci 'ties to be constructed may at some future date
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 endure for so long as the Grantee continues to use the
same for electric lines. Whenever said use shall be dis-
continued, all rights granted herein shall terminate and
revert to the Grantor.
BOOK 152 PAGE a
Docket Item B 2
Page 4
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 instru rent to be duly
executed by its lawfully designated officials this day of
1979.
State Bo d of Regents City of A s, Iowa
By By
Executive cretary Mayor ro-te
Executive Council Attest:
State of Iowa
By_
\ ,
Secretary Citj Clerk
BOOK PAGE ;
o ..
' nRrtrt tPHz�'a CS •y.
—�_---- SHELDON AVE. o m�o o f aZ.4.m y
rt 0 :3 rt rt n w rt 0
2oz./L 7"n 0 a o ?r-• 0 7d
Z=- ro ro ro m rrrr Mw N mw b
--------------
60' •� CS to£E r :),(A(A w H
81 J lJ.' ,I O O ro ro p m m m H, N
VT
S 1•�`, V r ..�i I o A O W ro m:3 rt ci0
A s H a '�f £C R+rt- tt
+ I 0 1. r?til r 0) W W OD r.1 _ _ t w 'a N rtJ z'a'O
1< I�.{I r N � �Rmam ,t- mp
o
0 -"r-•9 m fv n ry
ro Ewe_% wrt o x
,� �'.•i r o tT1 rtoo5rt
1, I 0, r• M `t
wrwrt0rt ro
Oro 90 rt'E'ro MO
tl O < roSmv+
�i-_ , :;M•ail 's7 M ro ro w rt O•Tl
'pi =, ,� 1 rt O N w m r^Grrt
" i � rtWro rt
i :r rt p r ,1
7 a'p'O ?M90 ¢7�
-.',���'�_1 ro Or ro(no. w Np<t,H R a
e ii o 0,0 w• ro
rt9na'mmnzW.
1 v < a-zt?Ia.0M09
}l V',7 NH'rt.•pp1� •R'
1.•. 1 In 6 o R O f+� 0,'4 t°, '
�:J-• KS rt ro O �
ro rorS14 9 rtW
ro ro I-ro o'O
v �
nl
nl y
~ ` r
> t} ' o
E 1 � Ni
t -
-I
oo3m
A <0 1
rn oOn
- :
A
N rn o o N . ;
m j `;' • 0rn
z 9 Wall 3Q)13oa HAY W AR D AVE.
BOOK h PAGE a=
Docket Item B 2 (Dec. 20-21, 1979)
Page 6 (Supplemental) ,
State of Iowa )
) ss:
County of Polk )
On this 2nd day of May , A.D. 1979, before me, the
undersigned, a notary public in and for said County in said State,
personally appeared Mr. R. Wayne Richey, Executive Secretary of the
State Board of Regents, known to me personally, and, under oath,
acknowledged that the signature dated January 16, 1979, on the attached
Electric Distribution Easement is his signature and was made on the
aforementioned date.
y it
x ql ary Public in and for saio rounty
0 My commission expires:
t_
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
State of Iowa )
) ss:
County of Polk )
On this 4" day of , A.D. 1979, before me, the
undersigned, a notary public in and for said County in said State,
personally appeared Mr. W. C. Wellman, Secretary of the State Executive
Council, known to me personally, and, under oath, acknowledged that the
��si nature dated January16 1979, on the attached Electric Distribution
*;;;...�� ' ,signature
is his signature and was made on the aforementioned date.
¢ter• ,`Public in and for d County
•'•p _. My gOrnmission expires:
BOOK PAGE �w9
i
CIc
C
�
=< A
- Fri i:r
• W