HomeMy WebLinkAbout~Master - Sanitary Sewer - Iowa State University INST. No.......02833.....»....»
STORY COUNTY. IOWA
FILED FOR R-1"ORDIr
A.M. APR 19 1971 P.M.
VV SANITARY SEWER EASEMENT 6LARIA A. POUNDS, Recorder
5` , a.t'.............................®epr
*� WHEREAS, the State of Iowa holds title to the following rea�..........estate
located in Story County, Iowa for the use and benefit of Iowa State University
.of Science and Technology under the jurisdiction of the State Board of Regents,
to-wit:
M
North of the Chicago and Northwestern Railroad right-of-way in the i
Southwest Quarter of the Southeast Quarter of Section 32 in T84N,
R24W, Ames, Story County, Iowa.
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 sanitary sewer easement,
subject to these terms, covenants and conditions, to-wit:
1. Location: The easement herein granted shall be located upon and limited
to a temporary construction easement of 20 feet and a permanent easement of
10 feet on the north of the Chicago and Northwestern Railroad right-of-way and west of
Minnesota Avenue of a sanitary sewer line described as beginning at a point
854.2 feet north of the southeast corner of the Southwest Quarter of the South-
east Quarter of Section 32, T84N, R24W in the City of Ames, Story County, Iowa,
thence continuing S .890-55'-10,W. 336.3' , thence N. 080-53'-20"W. 890' thence
N. 05°-58'-20"E. 662' . Also beginning at a point S .890-55'-10"W. 336.3' distant
from the aforementioned point of beginning and running thence S.320-55'-10"W.
337.3' (said point being the beginning of a 50' permanent easement) thence
N.850-05'-50"W. 802.7' thence N.840-42'-50"W. 333.2' . All located in the City
of Ames, Story County, Iowa and containing 2.17 acres more or less.
2. Use: Said premises shall be used by the Grantee for the purpose of
constructing, reconstructing, operating, maintaining and repairing sanitary
sewer lines, including all appurtenances required therefore, together with
the right of ingress and egress thereto, and for no other purpose.
3. Access: Grantee's entrance upon the Grantor's premises for the
j purpose of construction on or servicing said easement, or for the repair or
removal of the same, shall be over reasonable 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 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 premises for other purposes.
5. Utilities Crossings: All crossings of existing sewers, water lines,
electric lines or other existing facilities shall be according 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.
BOOK J y.PAG -7s
BOOK.�.-.... .P
6. Liability: Grantee covenants to indemnify and save the Grantor and
Iowa State University of Science and Technology and the officers, employees,
students, tenants, guests and invitees thereof lawfully using said premises,
harmless 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 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 facilities herein permitted.
Damages to crops, fences or other property of Grantor or its tenants during
the original construction and subsequent maintenance, repair and use of the
premises under this Agreement 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 granted,
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 location to
be provided by the Grantor, the actual cost of relocation, not to exceed by
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 terminate.
9. Consideration: The consideration for this grant is the fact that
the sanitary sewer line to be constructed will be part of the jointly operated
sewerage facilities and will also serve the requirements of facilities presently
operated by the Grantor. No cost of the facilities to be constructed within
this easement shall be assessed or charged to the Grantor except as may be
authorized by the Grantor.
10. Duration: This easement is granted and all rights hereunder shall
endure for so long as the City of Ames, Iowa continues to use the same for
sanitary sewage service. 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 City of Ames, Iowa 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 right, title and interest
hereunder shall cease and terminate and the Grantor shall be entitled to full
possession of the premises.
s .y
IN WITNESS WHEREOF, the Grantor has caused this instrument to be duly
executed by its lawfully designated officials this_/-A% day of l;;i hr- 4r ,
1977.
State Board of Regents City of Ames, Iowa
State of Iowa
by by
Executive Se etary Mayor
Executive Council
State of Iowa Attest:
by-p
ecretary Qkty Clerk
riosratgflwetvasrpaRmge�aorarr r urre
APPROVED
- � r
p FES 1S 1977
� a
9t r
� r
r
R
STATE BOARS Or REGENTS
r
®NaMRl�gt iMa�s YSQ&bartral Hera rrarrr
B
OOKI!i� .PA
m
w n
N P.O
Ip N Z1
p m m _
, _ U
N\ 1sl
A_N C. a N.W. R.R. -
/ ' 602.7' _
N.85°- — 333.2'
w -.
OS'-50"W.-- --- -'cNn ,F----N.84W-
i U
� o
i
m-D
I
nm
/ N x
m3
-.89°-55'-10"W-, ' 3n
1 zm
� 1+ i 1
ol
1
,
� Z 1
O v7m7
z cn ' nm c+
z w.a, (n n o 0-rr o cn -s �
m + � m 3 O I (D T1 I' o O C) -'
(n N C) 9 D
O a a O —+ r.� • o n,
10 O m -h c-r N -h N un cn 0- O (A
fD ��
z
1 Z =' O Cn 0 J.
1 1 -1 (D --�• o � c0 0- Ot• r rt n O
yr° C+:0 Oy D
I m ri -+, O n J -� (D x
i w 0 0 O ro r-) w
-., W cL •7 --• W rt
I I C) V W W Gl Cl rh O N
O ul LU c7 c_n lD C+ -•crn
t
{ 1 G O C) N Cl W rf (D C
(D O"D J
03 -S 0 z J
s -S 1 -1 °, m
1 N CD O s✓ rr1 -� O �]
IJ.
I > cn ohEj � 3 � -0 � `- BCD 1< Z, m
11 O SJ p (D I !D -S _ D
1 D � (D -� � a 0 c o l oo rD Ln (D
1
� CD O � c+- (D = -h 0
10 O O n r�- r- _ C+. n _' 3
I ftT cn -1 n, � :n J c ftt
cn :E: "� cD IJ O 00
a C • (D 0- N C) ',D co W O (D _
m m z N J o ru o loo 0 o o-C.
m 1
N N C) — N O ,7i O
1 O M O cn W c+ c+ ro• N
Z m rr c+ w - 1-0 of - r
M
:
1V I N 0 "+10
Al GNi (D .1 0--' O rh /�j O
CO
N J. C--) �p a- (D (D 0 C)
1 Cl c-r � -'
<< (J I co O (D N -S
w • ono own, o
I - •. Cl,n D�
W � c p
O Co = - r1 -+i -Y rf (D
O --c' O r) GJ W C '
L 'm N (.1lWd M 0- 0 0 (D
1 O V -'• O (D O •-+1
� Cr 1 VI n (0 J• .I- r}
r,) o c/+ o W c+ (D J O
ME J. O _ O = l< C)
I C.+.
O `< cn
fi CD ti (.^I(m (D J.
rh ca O a) O 10 V Cl) (D �
r- • J. . (--1 rr
(D 0- O CL C JJ 0
(D rf co Oj -(D <. -h C L -
c-+• O rJ O O N o O rr
(D o f
Q7
�* 1 (•J
- � o Nam• .
(�5, 1 n (D rt
n r. - -
rD -
-� cf)
CD
r � m
� �
z c
ryl
. o0
f