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HomeMy WebLinkAbout~Master - Storm Sewer - State Board of Regents t BOOIL_/D PAGE / 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, -2_ 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. bog �� a �. B00% 169 PAGE/7G s -3- 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 f ZT)- COY STREET w . z J Y Z LOT I I cl: ' t,. i z t— N I10 _ --- NiT - 5• .v s9 .`F 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. BOOK//O PAc /E DEPT. OFENG. 4MFc inwn