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Home My WebLink About~Master - Sanitary Sewer - Iowa State University 1 "� • INST. NO... .............. • '. STORYgg IOWA ` RE I CITY CL�.�,P''ILED FOR RECORD Paagee2 Item B 7 ':M. S E P 15 1977 P.M. "` F AM '` ' GLORIA A. POUNDS, ROCO ITARY SEWER EASEMENTIle By.................,...............................Deputy FEf � 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 of Science and Technology under the jurisdiction of the State Board of Regents, to-wit: North and west of the Chicago and Northwestern Railroad right- of-way in the Northwest Quarter (NW14) of Section b4 in T83N, R24W, 5th P.M. Ames, Story County, Iowa. 1} 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 25 feet in width, and a permanent easement 10 feet in width whose centerlines are described as commencing at the Nk corner of Section 15, T83N, R24W in the City of Ames, Story County, Iowa, thence South 697.92' ; thence West 33 feet to the point of beginning; thence S.32038'00" W. , 552 feet; thence S.28012'50" W. ,. 270 feet to the West line of the Chicago and Northwestern Transportation Company right-of-way. 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 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 here- under. 6. Liability: Grantee covenants to indemnify and save the Grantor and its successors in interest and the Iowa State University of Science and Technology, and the officers, employees, students, tenants, guests and invitees bUUK___- - ------PAG . ` BOOL117.PAGE`�. Docket em B. 7 Page 3 thereof, harmless from any and all damages arising, directly or indirectly, 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 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 irithin 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. r ' Docket Item B 7, Page 4 IN WITNESS WHEREOF, the Grantor has caused this ingtrument to be dul executed by its lawfully designated officials this day of , 1977. State Board of Regents City of Ames, Iowa State of Iowa b 71 by r AV R. Wayne Ricp6y Mrs. Lee Fellinger Executive S cretary Mayor Executive Council State of Iowa Attest: `"i 00 8tl Y. 6. ellman Mrs. M '6'�� "y Secretary City Clerk 4,14VIO `-' 9 J gsS0 :2�� " i " a �- QED CITY CLERK CITY OF AMES. IOWA SEP 1 2 1971 800KIZ Pare 6UUKJ_3_7.PAG SANITARY -SEWER EASEMENT Docket tte>n B 7 ' *Page 5 SCALE:1";300' Z � 0 3 p B'p,, D Flo' SOUTH_ RIVERSIDE DRIVE N 1/4 COR.• SEC. 15 T83N R24 i IOWA STATE U141VERSITY A temporary construction easement 25 feet in width , and a perma- nent easement 10 feet in width whose centerlines are described as commencing at the N4 corner of Section 15 , T83N, R241.1 in the City of Ames , Story County , Iowa , thence South 697. 92 ' ; thence Vilest 33 feet to th8 point of beginning ; thence S . 32038 ' 00" W. , 552 feet ; thence S. 28 12 ' 50"W. , 270 feet to the blesVI ine of the- Chitago and. PJorth- western Transportation Company right-of-way. 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