HomeMy WebLinkAbout~Master - Storm Sewer - State Board of Regents BOOK._ZL_rr'AGE._,_ Inst. 11' 10422
Fee S 5. 50
EASEMENT FOR STORM SEER
The State Board of Regents, for and in consideration of the payment
of one ($1.00) Dollar and other considerations as herein contained, hereby
;rants ants to the City of Ames, Iowa, the right to construct, reconstruct,
operate, maintain, repair and remove a storm sewer in the location as
described herein 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 the Northwest
one-quarter (NWk) of Section 9, Township 83 North, Range 24 West of the
5th P.M. so long as the said City operates and maintains said sewer after
its installation.
The foregoing right is granted upon the following express conditions,
to-wit:
(1) That the storm sewer shall be constructed in the following
described location:
A strip of laud ten (10) feet in width, lying five (5)
feet on each side of a line described as follows:
Beginning at a point in the East line of State Avenue,
186 feet North and 33 feet East of the Southwest corner
of the Southwest one-quarter (SW) of the Northwest one-
quarter (VA) of the Northwest one-quarter (NWk) of
Section Nine (9), Township 83 North, Range 24 West of the
5th P.M. , Story County, Iowa, thence South 79025V East,
9.5 feett thence North 74057V east, 259.2 feet; thence
South 4905A ' East, 147.6 feet.
(2) That in the construction of said storm sewer, the said City
and/or its contractors shall not occupy or use more land than
is reasonably necessary for such construction operations;
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(3) That the said City shall construct, operate and maintain said
storm sewer in an manner consistent with normal and accepted
practices of the industry,
(4) That upon completion of said construction the said City shall
replace or restore to the satisfaction of the laws 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 storm ,sewer through the premises above
described
(5) That the said City shall pay to the Iowa Mate University the
damages occasioned to growing crops, trees, lawns, shrubbery,
paving, fences, or other improvements by the construction,
maintenance, operation or removal of said storm sewer; said
damages, if nest mutually agreed upon, to be ascertained and
determined by three disinterested persons, one of whom shah.
be ,appointed by the City, one by the University and the third
to be selected by the two appointed as aforesaid, and the
written award of such three persons shall.oe final, conclusive
and 'binding upon the parties hereto;
(6) That said City will protect, indemnify and save harmless the
Mate of Iowa, the State Board of Regents and Iowa Mate
University from any and all claims, demands, judgments, loss,
cost or expense for injury to or death of persons or damage to
property of any parson Aomsoever (including employees and
representatives of both parties hereto) in any manner arising
PAG E......
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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 storm
sewer herein permitted;
(7) That no costs associated with the construction of said storm
sewer shall be assessed to Iowa State University or the State
of Iowa.
(8) The 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.
IN WITNESS WHEREOF, the parties hereto have hereunto affixed their
respective signatures on this day of 1963, to triplicate
originals by their appropriate officers who are authorized to execute this
instrument.
STATE BOARD OF REGENTS
STATE OF IOWA CITY OF AMES
By By A&
2r��ecritary a n�c4�z- Myor p,,-Ie p, DeH -t
EXECUTIVE COUNCIL
STATE OF IOWA ATTEST:
By BY
City W.
Sec f etary 'V1. C. 'iVell1r.nar,
f ; STORM SEWER EASEMENT _
STATE OF IOWA
1"=100'
w
a
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'E s
S 790251/2 E N740 57/le �90
9.5 FT: Inv
,..33 ;_
m
SW COR. SW%4NW1/4 NW%4 SEC.9
• 1
5FT. ON EACH SIDE OF A LINE DESCRIBED AS BEGINNING AT A .POINT IN
THE EAST LINE OF STATE AVE. 186 FT. NORTH AND 33 FT EAST.OF THE SW COR.
SW%4 NWI/4 NWI/4 SEC.9 T-83N R24W OF 5TH. P.M. STORY CO. IOWA, THENCE S79025/2 E
9.5FT.,THENCE N74057%2'E-259.2FT.,THENCE S490582E-147.6FT
BOOK......Z4;E.....PAGE....... DEPT: OF ENG. AMES, IOWA