HomeMy WebLinkAbout~Master - Sanitary Sewer - Iowa State Board of Regents 16 '
Inst. # 10958
Fee $ 7. 50
EASEMENT FOR SANITARY SEWERS
VICINITY OF STATE AVENUE, SOUTH FRANKLIN AVENUE, ETC.
The State Board of Regents, for and in consideration of the payment
of one ($1.00) dollar and other considerations as herein contained, hereby
grants to the City of Ames, Iowa the right to construct, reconstruct,
operate, maintain, repair and remove sanitary sewers in the locations as
described herein and shown on the plats attached hereto and made a part
hereof, over, across and under the property of the State of Iowa used by
Iowa State University of Science and Technology, and located in the Northwest
one-quarter (NW4) of Section 9, and the East half and Northwest Quarter
of Section 8, Township 83 North, Range 24 West of the 5th P.M. so long as
the said City operates and maintains said sewers after their installation.
The foregoing right is granted upon the following express conditions,
the breach of any of which will give the State Board of Regents the right
and power to re-enter:
(1) That the sanitary sewers shall be constructed in the following
described locations:
A strip of land lying 10 feet on each side of a line
1 described as beginning at a point 80.0 feet south and
24.05 feet east of the Northeast corner, Lot 21, Friedrichs
15th Addition to the City of Ames, Iowa, thence North 31019'
East 340.2 feet, thence North 560 05' East 223.7 feet,
thence North 800 31' East 458.8 feet, thence North 8.0 feet
to the intersection of sanitary manhole #595 of the City
of Ames ;
Also, a strip of land lying 10 feet on each side of a line
described as beginning at a point 28.3 feet North 880 48'
West of the Southeast corner Lot 22, Friedrich's 15th
Addition to the City of Ames, Iowa, thence South 690 16'
West 35.4 feet, thence south 850 18' West 212.1 feet,
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thence South 780 51' West 283.3 feet, thence North 770 07'
West 398.3 feet, thence North 00 40' West 11.7 feet to
a point on the South line of Lot 11, Vivian J. Coy
Subdivision to City of Ames, Iowa, 5 feet West of the
East line said Lot 11;
Also, a strip of land lying 5 feet on each side of a
line described as beginning at a point in the South line
South Franklin Avenue, 188.1 feet West of the. Southeast
corner W2 SWk NE'k Section 8, Township 83 North, Range 24
West of the 5th P.M. , Story County, Iowa, thence South
48 feet to intersection with existing 18" sanitary sewer;
Also, a strip of land 10 feet wide, the centerline
described as follows: beginning at a point 24.1 feet
South and 10.8 feet West of the Southeast corner of Lot
12 of Vivian Coy Subdivision to the City of Ames, Iowa,
thence South 270 06' West 785.7 feet, thence North 780 39'
West 637.5 feet, thence South 560 23' West .65.3 feet;
also continuing on the same line South 560 23' West 275.1
feet, thence North 880 30' West 261.3 feet, thence North
420 54' West 247.4 feet to the point of beginning, thence
North 420 54' West 28 feet.
(2) That in the construction of said sanitary sewers, the said
City and/or its contractors shall not occupy or use more
land than is reasonably necessary for such construction
operations ;
(3) That the said City shall construct, operate and maintain said
sanitary sewers in a manner consistent with normal and
accepted practices of the industry;
(4) That upon completion of said construction the said City shall
replace or restore to the satisfaction of the Iowa State
University any and all damage to the property of said State
of Iowa which shall be occasioned by the construction,
maintenance or operation of said sanitary sewers through the
premises above described;
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(5) That the said City shall pay to the Iowa State University
the damages occasioned to growing crops, trees, lawns,
shrubbery, paving, fences, or other improvements by the
construction, maintenance, operation or removal of said
sanitary sewers ; said damages, if not mutually agreed upon,
to be ascertained and determined by three disinterested
persons, one of whom shall be appointed by the City, one by
the University and the third to be selected by the two
appointed as aforesaid, and the written award of such three
persons shall be final, conclusive and binding upon the
parties hereto;
(6) That said City will protect, indemnify and save harmless the
State of Iowa, the State Board of Regents and Iowa State
University from any and all claims, demands, judgments, loss,
cost or expense for injury to or death of persons or damage
to property of any person whomsoever (including employees and
representatives of both parties hereto) in any manner arising
from or growing out of the negligence of said City, its
agents, servants or employees, in the construction, maintenance,
repair, existence, use or removal of said sanitary sewers
herein permitted;
(7) That none of the cost of constructing, maintaining, operating,
or removing the sanitary sewers to be installed in the
easement hereby granted shall be charged or assessed to the
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State of Iowa or the Iowa State University of Science and
Technology;
(8) That said City shall not transfer or assign this easement
or any interest or right therein without the written consent
of the grantor, nor shall the consent of the grantor to such
assignment be construed to give the assignee any other or
greater of different rights than those hereby given to said
City.
IN WITNESS WHEREOF, the parties hereto have hereunto affixed their
respective signatures on this ,, day of 1963, to
triplicate originals by their appropriate officers who are authorized to
execute this instrument.
STATE BOARD OF REGENTS CITY OF AMES
STATE OF IOWA
By By
Secretary Mayor
EXECUTIVE COUNCIL ATTEST:
STATE OF IOWA
By By
Secretary Ci k
' SANITARY SEWER EASEMENTS
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A strip of land 10 feet wide, the centerline described as follows:
beginning at a point 24.1 feet South and 10.8 feet West of the
SE corner of Lot 12 of Vivian Coy Subdivision to the City of Ames
Iowa, thence South 270 06' West 785.7 feet, thence North 78' 39'
West 637.5 feet, thence South 560 23' West 65.3 feet; also con—
tinuing on the same line South 560 23' West 275.1 feet, thence
North 880 30t West 261.3 feet, thence North 420 54' Nest 247.4 feet
to the point of beginning, thence North 420 54' West 28 feet.
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SAN. SEWER EASEMENT
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EXISTING 16" SAN.SEWER
5 FT.ON EACH SIDE OF A LINE DESCRIBED AS BEGINNING ATA POINT IN THE SOUTH LINE SOUTH
FRANKLIN AVE., ISS.1 FT. WEST OF THE SE COR. W%2 SW%4 NEB SEC. 8 -T83N-R24W OF THE STH.P.M.
STORY CO. IOWA, THENCE SOUTH 48FT.+ TO INTERSECTION WITH EXISTING 18" SAN, SEWER.
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