HomeMy WebLinkAbout~Master - Sanitary Sewer - State Board of Regents • Inst . # 2561
Fee $ 4.50
EASEMENT FOR SANITARY SEWER
CITY OF AMES, IOWA
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 a sanitary sewer in the location as
hereinafter described and shown on the plat 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 Section 33,
Township 84 North, Range 24 West of the 5th P.M. so long as the said City
operates and maintains said sanitary sewer after its installation.
A strip of land ten(10) feet in width, lying five (5) feet on
each side of a line described as follows:
Beginning at existing Clear Creek sanitary manhole No. 1120,
thence North 79001' West 441.3 feet, thence North 70050'
West 639 feet, thence South 46041' West 169 feet, thence
South 52031' West 98 feet, thence South 51050' West 260
feet, thence South 15013' West 159.4 feet, thence South
62029' West 248.2 feet, thence North 87003' West 396 feet,
thence South 88053' West 383 feet, to a point on the West
line of the East 1/2 SW 1/4 SW 1/4 Section 33-84-24.
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 said City shall construct, operate and maintain said
sanitary sewer in a manner consistent with normal and accepted practices
of the industry;
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(2) That upon completion of said construction the said City shall
replace, restore or pay 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
sewer through the premises above described;
(3) 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, judgements, 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 the said City,
its agents, servants or employees, in the construction, maintenance, repair,
existence, use or removal of said sanitary sewer herein permitted;
(4) That none of the cost of constructing, re-constructing, operating,
maintaining or repairing said sanitary sewer shall be charged or assessed
against adjacent property of the State Board of Regents, Iowa State University
of Science and Technology or the State of Iowa;
(5) 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 or different rights than those
hereby given to said City;
(6) In the event the said City or any assignee thereof discontinues
the operation and maintenance of said sanitary sewer, this easement shall
terminate, and said City or assignee shall, if requested by said Board,
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remove its sanitary sewer and appurtenances from the locations herein-
before described.
IN WITNESS WHEREOF, the parties hereto have hereunto affixed their
respective signatures on this -� day of
to triplicate originals by their appropriate officers who are author.izdd to
execute this instrument.
STATE BOARD OF REGENTS CITY OF AMES, I( FA _ ± LLI
S TATE OF IOWA
Old
By By ,y.
Secretary M yor
EXECUTIVE COUNCIL ATTEST:
STATE OF IOWA
By J By
e retary City Clerk
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Beginning at existing Clear: . Creek sanitary manhole No. 1120,
thence North 79001' West 441. 3 feet, thence North 70050' West
639 feet, thence"South 46041' West 169 feet, thence South 520
31' West 98jeet, thence South 51050' West 260 feet, thence South
15013! West 159. 4 feet, thence South 620291. West 248. 2 feet,
thence North 87003' West 396 feet, thence South 88053' West
383 feet, to a point on the West line of the East 1/2 SW 1/4
SW 1/4 Section 33-84-24.