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EASEMENT FOR STORM SEWER Inst. 2
Fee 475
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, recon-
struct, operate, maintain, repair and remove a storm sewer in the loca-
tion 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 the Northeast Quarter of Section 8, 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 beginning in the South
line of Lot-ll-Vivian G. Coy subd. to the City of Ames, Iowa,
at a point 10 ft. West of its S.E. cor. thence South 72.5 ft.,
thence S 42020'E 112 ft., all in the City of Ames, 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 in 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, or removal of said storm sewer
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 said construction, reconstruction,
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repair, maintenance, operation or removal 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 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 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 cf the State Board of Regents, Iowa State Univer-
sity of Science and Technology, or the State of Iowa;
(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 discontinues
the operation and maintenance of said storm sewer this easement shall
terminate, and said City of assignee shall, if requested by said Board,
remove its storm sewer and appurtenances from the locations hereinbefore
described.
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B00% 169 PAGE/7G s
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IN WITN SS WHEREOF, the parties hereto have hereunto affixed their
respective signatures on this day of ,
1969, to triplicate originals by their appropriate officers who are
authorized to execute this instrument.
STATE BOARD OF REGENTS CITY OF AMES, IOWA
STATE OF IOWA
By W `
By
Executive cretary Mayor
EXECUTIVE COUNCIL ATTEST:
STATE OF IOWA '
B By
e tary ,amity Clerk
Docket Item B-2
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STORM SEWER EASEMENT
STATE OF IO WA
5 FT ON EACH SIDE OF A LINE DESCRIBED AS BEGINNING
IN THE SOUTH LINE OF LOT- 11- VIVIAN G. COY SUBD. TO 141E CITY
OF AMES, IA% AT A POINT IOFT. WEST OF ITS SE COR. THENCE SOUTH
72.5 FT., THENCE S4202O' E 112•FT.
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