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FEE $ 60 ��"'
ELECTRIC DISTRIBUTION EASEMENT 79-1
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 Ontario Street along Minnesota Avenue in Section 32,
T84N, 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 (herein-
after referred to as the Grantee) the following Electric Distri-
bution Easement, subject to these terms, covenants and condi-
tions, to-wit:
1. Location: The easement herein granted shall be located upon
and limited to a permanent easement beginning 15 feet on
OJL277 each side of a line described as beginning at a point 985.5
INU.NO. feet west and 33 feet north of the S.E. corner of Section 32,
STORY COUNTY, IOWA T84N, R24W of the 5th P.M. , Ames, Story County, Iowa;
FILED FOR RECORD thence N. 10 12' E. , 523.5 feet; thence N. 10 30' E. , 976.5
AUG 1 61979 -�r feet; thence N. 110 33' 30" E. , 900.2 feet; thence N. 120 11'
l��Zc E. , 299.8 feet; thence N. 120 38' E. , 298 feet; thence N.
USAN t.POTI'ER, Recorder 220 1' E. , 313.5 feet; thence N. 580 27' 50" E. , 750.6 feet;
By DeputV thence N. 20 9' 10" E. , 340.4 feet. (This end point is 18'
E. of the N.E. corner of the well house.)
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 4a_ PAGE �.
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ELECTRIC DISTRIBUTION EASEMENT 79-1
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 also serve the require-
ments of facilities 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 discon-
tinued, all rights granted herein shall terminate and revert
to the Grantor.
BOOK 5� PAGE
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ELECTRIC DISTRIBUTION EASEMENT 79-1
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.
12. Property Lease: The property described above is subject to
a lease to The United States of America for the use and
benefit of the Ames Laboratory of the U.S. Department of
Energy (hereinafter referred to as the lessee) and the City
shall negotiate with the lessee for release of their lease
rights.
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 15th day, of
February 1979.
State S
of Regents \
By
Executive S eta y
State of Iowa )
)ss:
County of Polk)
On this loth day of May A.D. 1979, before me, the
.undersigned, a notary public in and for said County in said State, person-
'1I1y' appeared R. Wayne Richey Executive Secretary of the State Board
` Ike gepts, known to me and who executed the foregoing document and
",i � l?o�`a�¢'1�. owledged that he/she executed the same as a voluntary act and
11-ata U public in and for Sadd Count
!c' "mission expires: -3 O -
BOOK _Z.4._�_ PAGE
-3-
ELECTRIC DISTRIBUTION EASEMENT 79-1
Executive Council
State o a
.,By
Se retary
State of Iowa )
)ss:
County of Polk)
On this =1= day of A.D. 191, before me, the
undersigned, a otar public in an for said County in said State, person-
ally appeared Q Secretary of the State Executive
Council, known to me and who executed the foregoing document and who
acknowl dged that he/she executed the same as a voluntary act and deed.
in and for S i County
s my .comision expires:
t rt f✓ .ty qt4i es, Iowa
Mayor
State of Iowa )
)ss:
County of Story)
On this 5- day of !2 , A.D. 19;7q before me, the
undersigned, ay public in and for said County in said State, person-
ally appeared Mayor of the City of Ames, Iowa,
known to me and who execo6ted the foregoing document and who acknowl-
edged that he/she executed the same as a voluntary act and deed.
"Q nary Puylic in and for id County
}- commission expires:
gC
BOOK PAGE �D
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CITY OF AMES, IOWA
69KV ROW EASEMENT
15 feet on each side of a line described as beginning at a point
985.5 feet west and 33 feet north of the S.E. corner of Section 3�,
T84N, R24W of the 5th P M. , Ames, Story County, Iowa; thence N. 1 12' E. ,
523.5 feet; thence N. 1� 30' E. , 976.5 feet; thence N. 11 33' 30" E. ,
900.2 feet thence N. 120 11' E. , 299.8 feet; thence N. 120 38' E. ,
298 feet; thence N. 22 1' E. , 313.5 feet; thence N. 58° 27' 50" E. ,
750.6 feet; thence N. 20 9' 10" E. , 340.4 feet. (This end point is 18'
E. of the N.E. corner of the well house. )
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1-24-79
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