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Home My WebLink About~Master - Sanitary Sewer - Iowa State University 0161 PIA,.............................................. 0 .6�. 1. t .'�.�'TORE' -COUNTY,'IOWA '` �{� RETURN TO , 4el PtLED FOR RECORD A.M. JAN 51977 P.M3� CITY CLERKS OFFICE ,r ' I OWA 500 1 f f SANITARY SEWER EASEMENT AMES, d GLORIA A. POUNDS, Recorder l' By................................................Deputy WHEREAS, the State of Iowa holds title to the following real estate located in Story County, Iowa for the use and benefit of Iowa State University 1 of Science and Technology under the jurisdiction of the State Board of Regents, t to-wit: North and west of the Chicago and Northwestern Railroad right- of-way in the Northwest Quarter (NWi4) of Section 14 in T83N, R24W, 5th P.M. 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 Grantoh) 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 25 feet on the West, to the westerly right-of-way line of the Chicago and Northwestern Railroad on the east and a permanent easement of 10 feet on the west, to the westerly right- ' of-way line of the Chicago and Northwestern Railroad on the east of a sanitary sewer line described as beginning at a point 760.5 feet South and 33 feet West of the North 1/4 Corner Section 15, T83N R24W in the City of Ames, Story County, Iowa, thence S380-28'-00" West to the North right-of-way line of U.S. #30 Bypass. 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. t 3. Access: Grantee's entrance upon the Grantor's premises for the t! 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 ,1 officials of Iowa State University of Science and. Technology for whose benefit {i) 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., waterlines, i, 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 here- under. �__PAGa 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 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 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 may 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 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. SANITARY SEWER EASEMENT 3• _ 1 SCALE: I"■ 300' a � (A �00` y -0 \ v _ SOUTH RIVERSIDE DRIVE _ — — — _ — — ' N 1/4 COR. SEC. IS 783N R24 t . 1 IOWA STATE UNIVERSITY A temporary construction easement of 25 Feet on the blest, to the westerly right-of-way line of the Chicago and Northwestern Railroad on the east and a permanent easement of 10 Feet on the west, to the westerly right-of-way line of the Chicago and Northwestern Railroad on the east of a sanitary sewer line described as beginning at a point 760. 5 Feet South and 33 Feet West of the North-1/4 Corner Section 15, T83N R24W in the City of Ames, Story County, Iowa, thence S380-28'-00" West to the North right-of-way line of U.S. #30 Bypass. „ .PAGES nnOK.,1 ---PAGE_: 4 IN WITNESS WHEREOF, executed b the Grantor y its lawfull has caused this in 1976. Y designated officials duI this to b 9 day a f State Board of Regents State of Iowa City of Ames, Iowa by L Executiv e by -, t cret ry Mayor Executive Council State of Iowa Attest; by secretary ity Clerk s r -•\ O o � w rnm au as � �a o CJ NA co rn lot C o a _l -----------