HomeMy WebLinkAboutA001 - Easement dated February 17, 1978 00K.1 _PAG _J. �,p ,�0(L o J fL
Steam Line 83ZO Story County
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Parcel 3 an �F,oY.... . . ... ................ 7230-9A10 (001) --80-85
R COUN...... ......T...Y, IOWA
FILED FOR RECORD `a�V 8320
A.M. APR 17 1978 P.M. M INST.a_----
EASEMENT F ffo tili
GLORIA A. POUNDS, Recorder
Br...........»....„...............................oepvl� _
This agreement is entered into this day of I.e ctc nq ,
1978, by and between the STATE BOARD OF REGENTS, acting on behalf Of
IOWA STATE UNIVERSITY OF SCIENCE AND TECHNOLOGY, hereinafter called
the "Board" , and the IOWA DEPARTMENT OF TRANSPORTATION, hereinafter
called the "Department" , and is duly authorized by Chapter 262 . 9 of
' the Code of Iowa.
An easement on certain real property presently owned by the State
of Iowa and under the jurisdiction and control of the "Board" is loca-
ted in the E 1/2 NW 1/4 of Section 10, Township 83 North, Range 24 West
of the 5th P.M. , City of Ames, Story County, Iowa, is required for a
steam line connection between the Iowa State University campus and the
Iowa Department of Transportation complex.
The "Department" in constructing a steam line requires the
following:
AN EASEMENT TO CONSTRUCT AND MAINTAIN A STEAM.pINE, DESCRIBED AS
FOLLOWS :
1. A strip of land 20 feet wide whose centerline is described
as follows; beginning at a point 16 feet South and 267
feet West of the Southeast corner, Northeast Ruarter, North-
west Quarter, thence West 37 feet, thence N68 - 18 ' W a
i distance of 170 feet, to West line of Sub Lot 1, Lot 11
all in the East one-half Northwest Quarter of Section 10
. 5 T83N R24W of 5th P.Uv City of Ames, Story County, Iowa,
containing 4140 sq. feet, more or less. It is assumed that
the SoutY...,,line of the N.E . 1/4 N.W. 1/4 bears due East and
West.
2 . A strip of land 20 feet wide Vhose centerline is described as
follows; commencing at a point 16 feet due South of the
Southeast Corner of the Northeast Quarter of the Northwest
Quarter, thence 304 feet duff West, thence N680181W, a distance
of 170 feet to the West line of Sub Lot 1 Lot 11 which is 47
feet North of the South line of the Northeast Quarter of the
Northwest Quarter and the Point of Beginning. Thence N680 -
18'W, a distance f 353 feet to the East R.O.W. line of
Elwood Drive:'" °'All in the East one-half Northwest Quarter
Section 10 - T83N - R24W of 5th P.M. , City of Ames, Story
County, Iowa, containing 7060 sq. feet more or less . It is
sume d that the South line of N.E. 1/4 N.W. 1/4 bears due
East and West.
Said parcels are shown on Plats IIA-3 and IIA-4 attached hereto
and by this reference made a part hereof.
A TEMPORARY RIGHT TO USE LAND FOR CONSTRUCTION PURPOSES, DESCRIBED
AS FOLLOWS:
1. A strip of land 100 feet wide whose centerline is common with
the permanent easement, except a parcel of land described as
the South 1 foot of the West 8 feet of Lot 24 Riverside Addi-
tion, City of Ames, Iowa. Also, the South 33 feet of the
West 19. 5 feet of the East 267 feet of the East one-half North-
west Quarter of Section 10 T83N - R24W of 5th P.M. , City of
Ames, Story County, Iowa.
2 . A strip of land 120 feet wide with 70 feet Northerly of and
50 feet Southerly of the centerline common with the permanent
easement.
Said parcels are shown on Plat IIA-3 and IIA-4 attached hereto and
by this reference made a part hereof.
Page 1
t
The temporary right to use land for construction purposes shall
remain in full force and effect until released, but in no event longer
than one year after the effective date of completion of all construc-
tion work in connection with this project.
It is agreed by the "Board" and the "Department" as follows :
1 T1 4 Vir, transfers .tO a
E777
onstruct aricl u �in a ai .. a a-" emp ' a.
ion +s
2 . The "Department" hereby accepts from the "Board" said Ease-
ment and said temporary right to use land for construction _
a purposes.
3. Upon execution of this contract by the "Board" , approval by
the Iowa Executive Council, and execution by the "Department" ,
the "Department" shall have and exercise the rights in said
real property transferred herein subject to these terms ,
covenants and conditions, to-wit:
a. Use: Said premises shall be used by the "Department" for
the purpose of constructing, reconstructing, operating,
maintaining and repairing steam and condensate return
dines, including all appurtenances required therefore,
together with the right of ingress and egress thereto,
and for no other purpose.
b. Access : "Department' s" entrance upon the "Board's" pre-
mises for the purpose of construction on or servicing
said easement, or for the repair or removal of the same,
shall be over reasonable routes of access designated by
officials of Iowa State University of Science and Tech-
nology for whose benefit the premises are held by the
"Board" , and any parts of said premises damaged in the
course thereof shall be promptly replaced or restored by
the "Department" .
C. Excavations : All ditches, trenches and other excavations
shall be firmly filled and maintained in such manner as to
present no hazard or obstacle to the "Board's" use of the
premises for other purposes.
d. Utilities Crossings : All crossings of existing sewers,
water lines , electric lines or other existing facilities
shall be according to specifications and details of the
engineer or other official of Iowa State University of
Science and Technology in charge of such installations,
and the "Board" shall have the right to construct any
such facilities across or through the easement tract in
such manner as not to interfere with the "Department's"
facilities installed hereunder.
e. Liability: "Department" covenants to indemnify and save
the "Board" and its successors in interest and the Iowa
State University, and the officers, employees, students,
tenants, guests and invitees thereof, harmless from any
and all damages arising, directly or indirectly, from the
negligent acts of the "Department" or its employees.
Damages to crops, fences, or other property of the "Board"
or its tenants during the original construction and sub-
sequent maintenance , repair and use of the premises granted
in this easement shall be promptly compensated for by the
"Department" .
f. Rights Reserved: The "Board" reserves to itself and to
Iowa State University of Science and Technology the right
to the full use of said premises for any purpose it sees
fit which does not interfere with the "Department' s" rights
herein granted
6UUK.._,3 1—PAGE551 ._ Page 2
BOOK_G3_.PAGE..cS2.5 a
g. Relocation : In the event the "Board" requests a reloca-
tion of said facilities and easement because of the
development of the area for the use and benefit of the
Iowa State University of Science and Technology, the
"Department" agrees to move or relocate said facilities
to some other suitable location to be provided by the
"Board" , the actual cost of relocation, not to exceed
the depreciated value of the facilities at said time as
mutually agreed upon by both parties, assuming useful life
of thirty (30) years, to be paid by "Board", provided that
after thirty (30) years from the date of this Agreement
the liability of "Board" for the cost of relocation steal i
terminate.
h. Consideration: The consideration for this grant is the
provision that Iowa State University be allowed, at its
own expense, to tap these steam and condensate return
lines if it so desires for the purpose of transmitting
steam and condensate to and from its facilities and shall
be subject to a quantity limitation such that the flow
does not interfere with the capacity of the "Department' s"
system.
It is further provided that the "Department" will file
accurate as-built drawings of the system with the Physical
Plant, Iowa State University, upon completion of construc-
tion. "Board" shall be notified two weeks in advance of
construction. Traffic shall be maintained at all times
on Elwood Drive and "Department" will coordinate and
cooperate with University personnel to minimize incon-
venience to traffic access, egress , etc. , along the pro-
posed route. All tile lines, culverts, etc. , that are
disturbed shall be restored to equal their condition prior
to construction.
No cost of the facilities to be constructed within this
easement shall be assessed or charged to the "Board" except
as may be authorized by the "Board" .
i. Duration: This easement is granted and all rights here-
under shall endure for so long as the "Department" continues
to use the same for steam and condensate service. When-
ever said use shall be discontinued, all rights granted
herein shall terminate and revert to the "Board" .
j . Assignment Prohibited: This grant is to the "Department"
only and cannot be assigned in whole or part to any other
party without written consent of the "Board" .
Each and all of the above terms, convenants and conditions
are of the essence hereof, and the "Department", by accept-
ing this instrument, convenants to comply and perform as
so specified; the "Department' s" failure to do so shall
entitle the "Board" to terminate all rights hereunder by
serving a written notice upon the "Department" specifying
its defaults, and if "Department" fails to comply fully
as obligated herein within one Iyear after said notice,
all its rights, title and interest hereunder shall cease
and terminate and the "Board" shall be entitled to full
possession of the premises.
4. The property described above is subject to a lease to the Park
Commission of the City of Ames, Iowa, and the "Department" shall
negotiate with the lessee for release of their lease rights.
5. The "Department" shall record and file a copy of this contract
promptly after its execution as required by law.
Page 3
Dated and executed the day and year first above written.
ATTEST: STATE BOARD OF REGENTS,
acting on behalf of
IOWA STATE UNIVERSITY OF
SCIENCE AND TECHNOLOGY:
President xecutive Secret a y
STATE OF IOWA )
ss .
COUNTY OF STORY )
On this � day of A.D. 197`9, before me, the
undersigned a Not ry Public in and for the State of Iowa, pe sonally
appeared '--) Wiz - and
to personally known who being by me duly sw rn, did ay
that they are the r „t���. zk , and
respectively, of said State Board of Regents,
and that sALd instrument was s`jgned _and sealed on behalf of said State
Board of R ents and the and
7 1:i- acknowledged the execution of said instrument
to be the voluntar act and deed of said State Board of Regents by it
voluntarily executed.
j
4 /J/
Ks 4a
Notary Public in and fo he State
r
f J, a., ? of Iowa r
EXECUTIVE COUNCIL
STATE OF IOWA
f � /
o
1194
Secretary Date
uuu 133_.PAG 55
Page 4
800K 13_J" AGE. _.
ATTEST: IOW ART T OF TRANSPORTATI N
c
STATE OF IOWA )
ss.
COUNTY OF STORY
On this day of A.D. 19ye5 , before me,
the undersigned, a Notary Public irf and for the State of Iowa,
personally appeared 670fG D�J �. � lL�r°i��c'i� to me personally
known, who being by me duly sworn, did say that he was an official
of said Iowa Department of Transportation, and that said instrument
was signed and sealed on behalf of said Iowa Department of Transporta-
tion; and the said �n��ri`1 ,�'eee'ic°r� acknowledged the
execution of said instrument to be the voluntary act and deed of said
Iowa Department of Transportation by it voluntarily executed.
_� tary ub is ini and for the State
of Iowa
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