HomeMy WebLinkAbout~Master - Electric Distribution - Iowa State Board of Regents {" r O Docket Item B 5
r � NO MONETARY EXCHANGE Page 1 '
0%TAMES, CITY OF - ELECTRIC DISTRIBUTION EASEMENT-24TH STREET, 80-1✓�'�
F
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:
South 10 feet of the north 43 feet of the west 610 feet of the SE
1/4 NE 1/4 Section 33, T84N, R24W of the 5th P.M. , Ames,
Story County, Iowa as shown on the plat, Exhibit "C"
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
0071LO Ames, City of - Electric Distribution Easement-24th Street 807
subject to these terms, covenants and conditions, to-wit: �p
STORY COUNTY, IOD 1 Location: The easement herein ranted shall be located upon
b FILED FOR RECORD g P
dj and limited to a permanent easement of the south 10 feet of
A.M. JUL 3 01980 the north 43 feet of the west 610 feet of the SE 1/4 NE 1/4 to
SMLPOTTEB,Rardet Section 33, T84N, R24W of the 5th P.M. Ames, Story rs
DWUW County, Iowa.
2. Use: Said premises shall be used by the Grantee for the
purpose of constructing, reconstructing, operating, main-
taining and repairing underground electric control cables,
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 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 1
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.
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.
_paces -
• Docket Item B 5
Page 2
AMES, CITY OF - ELECTRIC DISTRIBUTION EASEMENT-24TH STREET 80-1
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 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 underground electric control cables. Whenever said
use shall be discontinued, 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.
BOOK --PAGE
Docket Item B S
Page 3
AMES, CITY OF - ELECTRIC DISTRIBUTION EASEENT-24TH STREET 80-1
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 Mstru}} nt to be duly
executed by its lawfully designated officials this �`1 — day of
1980.
State oard of Regents
B
Executiv ec etary
State of Iowa )
)ss:
County of Polk)
On this .3 0 5 day of A.D. 19 YO, before me, the
;undersigned, a notary public in anA for said County in said State, person-
\j`S�'�;� [ • peared Executive Secretary of the State Board
regents, known to me d who executed the foregoing document and
acknowledged that he/she executed the same as a voluntary act and
t m
i� bhc in and for Said County
{ '' a1Vt� omission expires: .3v
gvoK 1 PAGE g 9
x Docket Item B S
Page 4
AMES, CITY OF - ELECTRIC DISTRIBUTION EASEMENT-24TH STREET 80-1
Executive Council
Stat2fIow*a ,,,,..
Byec a ary
State of Iowa )
)ss:
County of Polk)
On this 43•-••1-day of A.D. 19S'-4 before me, the
undersigned, a }�otar ublic in said County in said State, person-
ally appeared �,.� D�Q 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.
Notary Public in and for Said County �---
My commission expires:
ilARI E JE M.DONAHtJE
MY co.AmISSION EXPIRES
September 30,
t4
}�k ss
iinty of Story)
On this QA day of A.D. 19_O, before me, the
undersigned, a notary public in d VI foArA said County in said State, person-
ally appeared `�, ��a U\ p o �\Gc� l r� G U o r. CA.. o� A inn e s -1o( I-C4 ,
known to me and who executed the foregbin64 docuibent and whd acknowl-
edged that he/she executed the same as a voluntary act and deed.
Notarly Public in and for S 'd ounty
My commission expires: p
. W ilOn E><PIRES
o '
BOOK PAGE..90
Docket Item B .S
Page
3
0
r
n
n
24 TH S .
F10'-�--700
33
Fmm
EXHI C31 T �C��
EXISTING EASEMENT
FtZOPOSED EASEMENT
THE SOUTH 10 FEET of THE NORTH
4-3 FEET OF- TH E WEST C 10 FEET OF THE
S E '/¢ NE- 1/4- SEC. 33 T 84 N, K 2q-W OF TH E
STN P. M. AMES , STORY COUNTY, IOWA
S- 28 -SD D.�E S.
900K PAGE
� H
O