HomeMy WebLinkAbout~Master - Storm Sewer - State Board of Regents EASEMENT FOR STORM SEWER Inst. ## 2782
Fee 4. 50
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 the Southeast Quarter (SE1/4) of Section 3, 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 North-
westerly line of Reiverside Drive at a point 179.73 feet
Northeasterly from the intersection of the West and North-
westerly lines of Riverside Drive, thence Northwesterly 39.0
feet at right angles to the said Northwesterly line, 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
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State of Iowa which shall be occasioned by the said construction, re-
construction., 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 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;
(5) In the event the said City or any assignee thereof discon-
tinues the operation and maintenance of said storm sewer this easement
shall terminate, and said City or assignee shall, if requested by
said Board, remove its storm sewer and appurtenances from the locations
hereinbefore described.
BOOK. 1147 PAGEL!.j_-
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IN WITNESS WHEREOF, the parties hereto have hereunto affixed their
respective signatures on this 2 day of
1969, to triplicate originals by their appropria a officers who
are authorized to execute this instrument.
STATE BOARD OF REGENTS CITY OF AMES, IOWA
STATE OF IOWA
By By
Executive cretary Mayor
EXECUTIVE COUNCIL ATTEST:
STATE OF IOWA
B Bye
OF
y City Clerk
' Docket Item B'42
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STORM SEWER EASEMENT
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3 R D. STREET
�~ STATE OF IOWA
Five (5) feet on each side of a line described as beginning in the North-
westerly line of Riverside Drive at a point 179. 73 feet Northeasterly from the
intersection of the West and Northwesterly lines of Riverside Drive, thence
Northwesterly 39. 0 feet at right angles to the said Northwesterly line.
BOOK-.._�I� PAG