HomeMy WebLinkAbout~Master - Storm Sewer - State Board of Regents d Inst . // 4783
Y BOOK /Q SAGE 140 Fee $ 4. 50
EASEMENT FOR STORM SEWER
VICINITY OF HAYWARD AND STORM AVENUES
CITY OF AMES, IOWA
The State Board of Regents, for and in consideration of the payment of
One Dollar ($1.00) 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
hereinafter described 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
Section 9, Township 83 North, Range 24 West of the 5th P. M. so long as the
said City operates and maintains said storm sewer after its installation.
A strip of land ten (10) feet in width, lying five (5) feet on each side
of a line described as follows:
Beginning in the East Right-of-Way line of Hayward
Avenue at a point 802.31 feet North and 33 feet East
of the Southwest corner of the SE4 of the NE4 of the
SW4 of Section 9, Township 83 North, Range 24 West,
of the 5th P.M., Story County, Iowa, thence North
400 00' East 322.22 Feet.
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:
-2-
(1) That the said City shall construct, operate and maintain
said storm sewer in a manner consistent with normal and accepted
practices of the industry;
(2) That upon completion of said construction the said City
shall replace, restore or pay 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 opera-
tion of said storm sewer through the premises above described;
(3) That said City will protect, indemnify and save harmless
the State of Iowa, the State Board of Regents and Iowa State Uni-
versity 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 the said City, its agents, servants or employees,
in the construction, maintenance, repair, existence, use or removal
of said storm sewer herein permitted;
(4) That none of the cost of constructing, reconstructing,
operating, maintaining or repairing said storm sewer shall be charged
or assessed against adjacent property of the State Board of Regents,
Iowa State University of Science and Technology or the.State of Iowa;
bb00K...16 .PAGE. ��
BOOK.......1. PAGE.. `20
-3-
(5) That 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;
(6) In the event the said City or any assignee thereof dis-
continues the operation and maintenance of said storm sewer, this
easement shall terminate, and said City or assignee shall, if re-
quested by said Board, remove its storm sewer and appurtenances
from the locations hereinbefore described.
IN WITNESS WHEREOF, the parties hereto have hereunto affixed their re-
spective signatures on this /a"=` day of Mau 1967,
to triplicate originals by their appropriate officers who are authorized
to execute this instrument.
STATE BOARD OF REGENTS CITY OF AMES, I A
STATE OF IOWA
-f
By By
f�
Executive S cretary Ma Kr
ATTEST:.
By
City Clerk
STORM SEWER EASEMENT s
Q - P
0 1" 100,
cr
cc
W
N
Z
W ,
a
SW.COR. SE%4 NE1/4 SW�/,4 SEC.9
HAYWARD AVE.
/ -
VOO
2
h
y
5 feet ' on each side of a 1ine.described as beginning in the East Right-of-
way' line Hayward Avenue at a point, 802. 41 feet North and 33 feet East of the
Southwest'corner SE1/4 NE1/4 SW1/4 Section 9, Township 83 North, Range 24
West of the.5th P. M. Story County, Iowa, thence N 40000' E. 322. 22 feet.
800K-- I�SPAGE ..:W / DEPT. OF ENG. AMES, IOWA