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EASEMENT FOR STORM SEWER
LINCOLNWAY AND BEACH AVENUE
The State Board of Regents, for and in consideration of the payment
of one ($1.00) dollar and other considerations as herein contained, hereby
grants 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 of Section 10, 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,
the breach of any of which will give the State Board of Regents the right
and power to re-enter:
(1) That the storm sewer shall be constructed in the following
described location:
A strip of land 20 feet in width lying 10 feet on
each side of a line described as: - Beginning at a
voint 33 feet East and 128.7 feet South of the North-
west corner of Section 10, Township 83 North, Range
24 west of the 5th P.M. , Story County, Iowa, thence
North 70 degrees 40k minutes East to the South line of
ilincol-away.
(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 ;
(3) That the said City shall construct, operate and maintain said
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storey sewer in a manner consistent with normal and accepted
practices of the industry;
(4) That upon completion of said construction the said City shall re-
place or restore to the satisfaction of the Iowa 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 skull pay to the Iowa State 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 not mutually agreed upon., to be ascertained and
determined by three disinterested persons, one of whom shall
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 be final, conclusive and binding
upon the parties hereto;
(6) That said City will protect, indemnify and save harmless the
State of Iowa, the State board of Regents and Iowa State 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
person whomsoever (including employees and representatives of
both parties hereto) in any manner arising from or growing out
of the negligence of said City, its agents, servants or employees,
in the construction, maintenance,, repair, existence, use or
removal of said storm sewer herein permitted;
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(7) That none of the cost of constructing, maintaining, operating,
or removing the storm sewer to be installed in the easement
hereby granted shall be charged or assessed to the State of Iowa
or the Iowa State University of Science and Technology;
(8) That said City shall not transfer or assign this easement or
any interest or right therein without the written consent of
the gr antor. nor shall the consent of the grantor to such assign-
meat 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 (63--Ay- day of 1963, to
triplicate originals by their appropriate officers who are authorized to
execute this instrument.
STATE BOARD OF REG ENT S CITY OF AMES
STATE OF IOWA
BY BY
Secretary Mayor
EXECUTIVE COUNCIL ATTEST:
STATE OF IOWA
BY BY
SecrirtafT_ Ctt'Y-Weerk
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NW CON.SEC 10.83-t4
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1 33'
10FT. ON EACH SIDE OFA LINE DESCRIBED AS BEGINNING AT POINT 33FT. EAST
AND 128.7 FT. SOUTH OF NW COR. SEC 10- T83N.R24W OF STH.P.M.STORY CO. IOWA,
THENCE N70040;,E TO THE SOUTH LINE LINCOLN WAY
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