HomeMy WebLinkAbout~Master - Storm Sewer - State Board of Regents EASEMENT FOR STORM SEWERS
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 storm sewers in the locations as
described herein and shown on the plats 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 Southeast
Quarter (SE'k) of Section 9 and the Southwest Quarter (SW'k) of Section 10,
Township 83 North, Range 24 West of the 5th P.M. so long as the said City
operates and maintains said sewers after their installation.
The foregoing right is granted upon the following express conditions,
the.hteach of any of which will give the State Board of Regents the right_-6, 0.
and power to re-enter:
(1) That the, storm sewers shall be constructed in the following
described locations:
A strip of land ten (10) feet in width, lying five (5)
feet on each side of a line described as follows: Beginning
at a point 569.7 feet west and 33 feet north of the SE
corner of the NWk of the SE'k of Section 9, Township 83
North, Range 24 West of the 5th P.M. Story County, Iowa,
thence North 00 09' West 770 feet, thence South 890 51'
West 262.9 feet;
Also a strip of land ten (10) feet in width lying five (5)
feet on each side of a line described as follows: Beginning
at a point 283.7 feet north and 33 feet east of the NE corner
of the SE'k of the SE'k of Section 93 Township 83 North, Range
24 West of the 5th P.M., Story County, Iowa, thence South
780 18' E 65.8 feet.
(2) That in the construction of said storm sewers, 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 sewers in a 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 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 sewers through.. the premises above
described;
(5) That the said City shall 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 sewers; 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
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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
sewers herein permitted;
(7) 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 , 1964, 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
ByQ_� 67
Sec etary Mayor
EXECUTIVE COUNCIL
STATE OF IOWA ATTEST:
By A ' A,-.. By
JUL bar 1964 ity Clerk
STORM SEbVER 'EASEMENT
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ENE COR SEA/4 SE,/4 SEC.9 T83N R24W
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STATE OF IOWA
DESCRIPTION.
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5FT ON EACH SIDE OFA LINE DESCRIBED AS BEGINNING AT A POINT 283.7FT NORTH AND 33FT
EAST OF THE NE COR, 504 SE%4 SEC.9 T83N R24W OFTHE 5TH. P.M. STORY COUNTY IOWA, THENCE
S78° 18'E -65.8 FT.
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STORM SEWER EASEMENT T
S 8905►'W-2629'
5'
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MORTENSON ROAD 9 7 --
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f SEC.9 T83N R24W
STATE OF IOWA
DESCRIPTION:
5FT. ON EACH SIDE OF LINE DESCRIBED AS BEGINNING AT A POINT 569.7FT. WEST AND 33FT NORTH
OF THE SE COR. NWN SO4 SEC.9 T83N R24W OF THE 5TH. P.M. STORY COUNTY IOWA, THENCE NO°09'W
770 FT,THENCE S89051'W-262.9FT.