HomeMy WebLinkAbout~Master - Storm Sewer - State Board of Regents EASZMKNT OFFOR ISTOYN SEWER
CITY AMES, IOWA
The State Board of Regents, for and in consideration of the payment of
One Dollar (#lM) and other considerations as herein contained, hereby
grants to the City of Ames, lowao the right to construct, reconstruct,
*parate, maintain, repair and remav* a storm sever in the location as
hereinafter described and shown an the plat attached horato and made a
part hareof,, *"r,, across and under the property of the State of Iowa
used by Iowa State University of Science and Technology, and located
in the Southeast Quarter (811/4) of Soction 3, Township 83 North.
Range 24 West of the 5th P.M. so long as the said City operates and
maintains said storm sever after its installation:
A, strip of land tan (10) feet in width, lying five (51 ) foet
on each aid* of a line dostrib*4 as beginning in the North-
weaterly line of ftiversi4a Drive at a point 179.73 foot
Sortheastarly from the intersection of the West and Worth-
westerly lines of Riverside Drive. theme Northwesterly 39.0
feet at right anglos to the said. Northwesterly line. all
in the City of A*ss, Story County, Iowa.
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 storm sewer it a manner consistent with normal and accepted
practices of the industry;
(2) That upon completion of said construction or upon completion
of any reconstruction, repair, maintenance, orrswovalof said storm
sever the said City shall replace, restore, or pay to the satisfaction
ofr. the Iowa State University any and all damage to the property of said
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State of Iowa which shall be occasioned by the said construction, re-
construction,, repair, maintenance,,, operation or removal of said store
saver thrquo the preftlass above-described;
(3) That said City will protect, indemnify and save harmless
the State of Iowa, the State Roard of Regents and Iowa State University
from any and all claims, demands, judgmstnts, lose, cost or expense for
injury to or death of persons, or dAma.p to property of any person
whomsoever (including employees and representatives of both parties
hersto) in any manner arising from or growing out of the negligewe of
the said City, its agents, servauts, or employees, in the construction,
maintenance, repair, existence, use or removal of said store saver,
herein permitted;
(4) That said City shall not transfer or assign this aa*want
or any interest or right thavoin without the written consent of the
grantor, nor shall the consent of the grantor to such assignmat be
construed tolEve the assignee any other or greater or different rights
than the hereby given to said City,*
(5) In the event the said City or any assignee thereof discon-
tinues the operation and maintenance of said M'torm fewer this easement
shall terminate,, and said City or assignee shall, if requested, by
said board, remove its store saver and appurtenances from t1w locations
hersinbefore described.
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IW WITNESS WARISM, the parties hereto have hereunto affixed their
respective signatures on this Q. stay of I
1.9690 to triplicate originals `by their appropri to officers vhu
are authorize4 to execute this instrument.
STAFF BOAMD OF RZORIM CITY OF AM, IOWA
STATE OF ICV'A
l
axecuti' V ev t ary ayor
RKSCUTIVI COW IL ATTEST
ST&TE OF IOW
y City C larke.
•Docket Item B�2
STORM SEWER EASEMENT
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5aJ
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3 RD. STREET
��. STATE OF IOWA
Five (5) feet on each side of a line described as beginning in the North-
westerly line of Riverside Drive at a point 179. 73 feet Northeasterly from the
intersection of the West and Northwesterly lines of Riverside Drive, thence
Northwesterly 39. 0 feet at right angles to the said Northwesterly line.