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Inst. 2784
EASEMENT FOR STORM SEWER Fee 5. 50
AND TEMPORARY ENCROACHMENT PERMIT
CITY OF AME S, 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 (SE4) 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
Westerly line of Riverside Drive at its intersection with
the centerline of 4th Street extended, thence continuing
along the centerline of 4th Street extended 85.0 feet, all
in the City of Ames, Story County, Iowa.
The State Board of Regents for the considerations named above further
grants to said City of Ames, Iowa, a temporary permit to encroach
upon property of the State of Iowa used by Iowa State University and
described as:
A strip of land fifteen (15) feet in width on the West and
Northwesterly side of Riverside Drive, beginning at the
North line of Third Street, extended, thence North and
Northeasterly to the South right-of-way line of the C and
N. W. Railway, as shown on the attached Encroachment plat,
for the sole purpose of supporting and improving the
embankment along Riverside Drive prior to constructing
paving in Riverside Drive.
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The foregoing rights are 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 s&tisfaction
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, 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 per-
son whomsoever (including employees and representatives of both
parties hereto) in any manner arising from or growing out of the
i 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 loca-
tions hereinbefore described.
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IN WITNESS 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 .� By
Executive ecret ry Mayor
EXECUTIVE COUNCIL ATTEST:
STATE OF IOWA
B 2elell
ecretary � �°y, City Clerk
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-Docket Item B-2
• STORM SEWER EASEMENT
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STATE OF IOWA
Five (5) feet on each side of a line described as beginning in the Westerly
line of Riverside Drive at its intersection with the centerline of 4th Street
extended, thence continuing along the centerline of 4th Street extended 85. 0 feet.
BOOK..:PAGE
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STATE OF IOWA
Fifteen (15) feet on the West and Northwesterly side of Riverside
Drive, beginning at the North line of 3rd Street extended, thence North
and Northeast ,,rly to the South right-of-way line of the C & NW Railway.
KEPT. OF ENG. AMES, IOWA