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HomeMy WebLinkAbout~Master - Street Widening - USDA Inst , #6811 EAS"NT DEE D Fee: $9. 50 UM UN178D STAISS OF MERICA, acting by and through the Acting Administrator, Agricultural Research Service, United States Department of Agriculture, Grantor, pursuant to the Act of October 23, 1962 (76 stat. 1129), and the delegations of the authority and assignmant of functions by the Secretary of Agriculture, dated Derember 24, 1953, and November 27, 1964 ( 19 Fed, Reg., p. 74 and 29 Fed. Reg., p. 16210), the provisions of utich have been duly complied with, does hereby grant and convey to the City of Ames". Iowa, Grantee, an easement for a right-of-way in cA>nnection with the widening of 13th Street, in, on, and across lands of the United States at the National Animal Disease Laboratoryt Arms, Iowa, described as follows and as shown on the right-of-way plat attached hereto and made a part hereof: Beginning at as point 132.0 feet West and 33 feet South of the NE corner NW 1/4 N& 1A section 1, Township 83 North, Range 24 West; thence South 7 feet; thence West 565 feet, 40 feet distant from and parallel to the North line NW 1/4 NE 1/4 said Section 1, thence Southwesterly to A point 165 feet South and 270 feet West of the West Una NW 1/4 NE 1/4 said Section 1; thence West, 165 feet distant from and parallel to the North line of the NE 1/4 NW 1A said Section I to the Centerline of the Skunk River; thence Northwesterly along the CenterlLae Skunk River to the South right-of-way line of 13th Street; thence East along the South right-of-way line of kith: Street to the point of beginning, containing 2.92 acres, more or less. The granting of this easement is subject to the following terms and condi- tions: 1. The United StAtes does not warrant the title to any of said land, and the rights and privileges herein granted shall be subject to any mineral reservation or other rights, if any, now outstanding in third parties. 2. The rights and privileges hereby granted shall not be assigned by the Grantee without the written amsent of the United States. 3. Grantee shall be liable for any damage resulting to the United States from the use of the property by the Grantee and shall save and hold the United States harmless from any and all claims or damages by third parties from the use of the property by Grantee Animal Production Unit, Ames, Iowa 40 BOOK PAGE.. BOOK PAGE 2 4. The United Staters reserves unto itself, its nominees and assigns, the right to use any part of said lands for any purpose, provided such use doses not interfere with the rights and privileges hereby granted. 5. The Grantee shall be responsible for all maintenance within the right-of-way area. 6. The grantee shall locate and install a chain link fence: beginning at a point 697.0 feet west and 50 feet south of the northwest corner of the NW 1/4 of the lE 1/4 of Section 1, Township 83 North, Range 24 West; thence southwesterly to a paint 165 feet south and 270 feet worst of the west lime of the MT 1/4 of the NE I/fit of said Section 1, to a point 1,200 feet southwesterly from said point of beginning. The: total cast of all labor and materials, excluding chain link fencing, barbed wire and posits, will be borne by the Grantee. The fencing shall be installed in accordance with the specifications attached hereto and made a part hereof. 7. The Grantee shall provide and construct one access roadway, 20 feet, wide, beginning at as point 677.0 Feet west of the northwest corner of the KW 1/4 of the NE 1/4 of Section 1, Township 83 north, Range 24 West, from the south edge of the proposed four-lane roadway to the Government fence line as described in item -6, above. The cost of all Labor and materials necessary for the construction of, such access shall be borne by the Grantee. S. No soil or materials shall be placed on Government property outside of the right-of-way, and all refuse resulting from i clearing of the land shall be disposed of to the satis- faction of the Director of the station. 9. Grantee shall reseed or otherwise restore the surface of the land if damaged in the installation or during main- tenance of the right-of-way area. 10. Grantee shall confine work within the limits of the right-of--way and no heavy equipment ,shall be driven over land outside of the right-of-way in a manner that will rut or displace the soil. 11. The right-of-way herein granted shall be subject to the express covenant that it will be modified, adapted, or discontinued if found by the Administrator, ARS, to be necessary , without liability or expense; to the €nited Stater sty as not to conflict with the use and occupancy of the land for any authorized works which may be hereafter constructed thereon under the authority of the United States. i 3 12. In the event the Grantee fails to use the property within a reasonable time from the date hereof or in the event the Grantee shall at any time abandon the use of the property for the purpose hers: and above provided, or in the event the rantee shall violate any of the provisions of this grant, the United States may terminate this grant � by giving the Grantee notice in writing 60 days is advance of such termination and the rights hereby granted shall thereupon terminate. I 13. Upon the revocation or termination of this grant, the, j Grantee may, within a reasonable period to be determined � by the Granter, remove all structures which have been placed on the premises by the Grantee, but upon failure to remove the structures within that period they shall become the property cE the United States. 14. The Grantee does by the acceptance of *&is easement covenant and agree for itself, its assigns, and its successors in interest to the i property herein conveyed i or any part thereof, that the covenants set forth below j shall attach, to and run, with the land: (a) That the aforesaid right-of-way, and its appurtenant ,areas and its building, and f ac it i.ti es, whether or not can the land here- in conveyed, will be used in counaet with the widening of lath Street its full ! Compliance with Tithe VI of the Civil i Rights act of 1964, and all requirements imposed by or pursuant to the regulations issued thereunder by the Department of Agriculture and in affect on the date of this deed to the end that so person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be decried the bene- fits of, or be subjected to discrimination under any programs Or activities provided thereon.; and (b) That they United States shall have the right j to ,judicial enforcement of these covenants not only as to the Grantee, its successors and assigns, but also as to lessees and j licensees doing business or extending ser- vices under contractural or rather arrange- ments on the laud herein conveyed. j BOOK 14 ERG i BOOK.. 144-PAGE..._ 4 (e) In the event of a breach of any of the conditions set forth above, all right, title, and interest in and to the above described property shall, at the option of the Grantor, revert to and become the property of the United States of America, which shall have an immediate right of entry thereon, and the Grantee;, its successors or assigns, shall forfeit all right, title and interest in and to the above described property and in any and all of the tenements, hered itame►ats and appurtenances therounto belonging; provided, however that the failure of the Grantor to mist in any one or more instances upon complete performance of any of the said conditions shall not be construed as a waiver or a relinquishment of the future performance of any such conditions, but the obligations of the Grantee with respect to such future performance shall continue in full force and effect. 15. No fiber of or Delegate to Congress or Resident Commissioner shall be admitted to any share or part of th#.s grant or to any benefit to arise therefrom. This provision shall not he con- strued to extend to this grant if made with as corporation f 6r its general benefit. IN WITNESS ' F, the United States of America, acting by and through the ��,C Administrator, Agri- cultural €teseareh Service, te&Sta +es Department of Agriculture, has executed these prearsEtts is 4;7 day of �c���,t , 1967. UNITED STATES OF AMRICA By J syi ti 838 3 J , lctinX AdmiseAtrator Agricultural Research Service U.S. Department of Agriculture ACCEPTED: City * a By � 1 Title Late �� !96� UNITED STATES OF AMZRICA } MSTRICT OF ODUMIA ) Ott this r� `d'F.�,. day of 1967, before me appeared IL ,., to me personally kuowu, who being by me duly sworn, did , ay that he is the _L v Administrator, Agricultural Research Service, United Stat s Department of Agriculture and that the seal affixed to the fore- going instrument is the seal, of the United States Department of Agriculture; and that said instrument was signed and sealed on behalf of the United States of America by authority duly given, and the said �, ���-w4 acknowledged said instrument to be the free act and deed the United States of America. €iven under my hated and notarial seal, this the day of .rr�i 1967 l otary Public h.,Y h9011�"S'.OP< EY.P(RES JANUARY 31 19"' Boo K._ '. PAG ` BOOK.- PAGajL�� 4 SP-1 '-'T TION'S N Z vani'c .1 in ikke, 0 fabric, rpc,��,ZG, (,ates, ditch barriers, and concrete C Le, �s --pocified herein. Fence stall ba all galvanized construction with three barb wires above and all posts set in concrete.. �L lrnspL�ctor before visiting Jo ?:C,3p6L't-.ve biddcr�;-, sinall contact -th& P existing buildings, property to note soil conditions, -round contours, lines, etc. 1-3. Colq)lcte cuts or details shall be submitted in triplicate to the project and inspector for approval. Cuts and details shall show 'the design,, assembly a operation of t1le various parts 3n(Ishallindicate clearly and accurately. the sizes and Weiilits to bo used. fence Care shall 1) 1-4 e used ill all work not to damage e existing roadways, lines, buildings, and various gas, water, sewer and electric lines in the f-Y co-,Ij:raci:or shall coordiliate his work with that Of others working in Area. under another contract will be in the -process of - coordinate fence --3. system c installation; c - C.,1% tliz, �Al S F period of the nonce work tL,-, system contract:or to permit proper progress of the MATERIALS conform to Federal Specification RR-F-151, Type 2-I Cis:17,1 UNITC FABRIC: Shall c edges to have twisted ed wire, top and bottom A, two inch Ines",ar 7 coiled spring top reinforc- bed edges, total 84 inches with No. Wire. cor,,,; ,st of two wires, twelve and a half 2- The Itj_4)j.IIjIuIIj of tour inel Ltd V41dr-ri4l Shall conform to Federal Specification RR-F-183(1) for ",.ice faoric, s-,von feet high. po-,�s shall be rectangular "H" type, All other posts, top rails, `graces,, gate frames, etc. ,frames shall be fabricated of tubular pipe. All ;o is shall of sufficient len,-:Ih to extend into concrete thirty six inches' 1-,,ill-A'.I'aL;M Liao ;costa shall be uniformly spaced, not over 10 feet apart. AIDS-31-B-64 Sp-2 (b) Gates shall be owirging type cc :plete with latches, chain link fabric, stops, keepers, h4n&CS, and three st': nds of barbed wire above the fabric. (c) Swin- gates shall be as shown on drawings. (d) Su nortinn Arriv: Complete;�w .th three liner, of barbed wire and post caps abe required tic"IZ out all fences and gates. Stretcher bars are required for all fabric terniinai�;. (e) Steej: pvus used in dash barriers shall conform to Federal Specification QQ-S-632, `xype 2. Rods ,hall ue new, clean, easily welded and suitable for, painting. 2-4. C:t'i 1:ET77: (a) steady-mixed concrete shell conform to Federal Specification SS-C-618, Type U. (b) Cement ::hall conform to Federal Specification SS•C-192b, Type Ia.. (c) i1n�,rle tIc.5s Foder.al Specification SS-A-2811 ', Class 1 for "sand .(fine aggregate) and Clai;s 2 for coat O, aggregate, size"n'o. .4 to 1 inch. (d) 11-,rlrn( rtionn; Proportions of aggregate to cement and water shall be such as to produce n concrete which will work readily into corners, angles of forms and around posts without permitting material to segregate or excess waste to collcct on the surface. . The e: > tied shall be such that when separated on- the No.­A standard sieve, :ae wc=a.. :� v; rtg the sieve (fine aggregate) shall nd� be less; than 35"/. nor grey .er Lhar. 5U,,� of the total. ` The s` e �nth s-,:cift�d is the minimum compressive strength in pounds per square inch a : ?_S days. All concrete shall conform with the following; tablo: TAJ1,LE Strength Allowable. plater -per Cement per Cubic Yd. sack oL cement of concrete. :.0 1 bs 6.5 6.0 sacks (94 lbs. per sack) ic,c sj"Inp, tested in accordance with ASV,, Standard C 143-52, shall be 2 inches. BOOK. Z 0 LPAGF� rI 3 SP-3 3-1. r,T CTT013: S„all be dorsc by Ictlied workmen under expert supervision. Erection shall include all excavations, b-ackfilling, concrete, etc., in con- nection therewitl;. T1;c Lcr.cral contour of the ground shall be followed, but the ground between posts shall be cut or filled as directed to provide a uniform clearance between the bottom cif the fencing .end the surface of the ground. All tools, appliances, and other equipment used shall be proper and adequate for first class results. 3-2. C ieCe.rit S7Cs (a) F c ua�.i.on: Each post hole shall have a minimum diameter throughout its depth as si;own. Holes shall be cleaned when concrete is poured, all waver, gravel, rock, debris, etc. shall be removed. Center lines of holes shall be in alignment,- and plumb. (b) posts shall be placed in alitnmcnt, spaced ten feet o.c., set at the required depth, acid rigidly held in place until concrete has been poured and allowed to set . doles chall not bay damaged during pouring operation. Sail on sides and bottom of hole shall be daraiseci when concrete is poured. Whore sides of holc nrc oversi<se or crumbling„ Is# building paper or its equivalent may be used for forcain; the hole. Concrete shall be well tamped. Top of concrete shall be approNinmtely one inch above grade and shall be steel troweled to a dense amooLlh ouriuce with a Minitu= sl©pe of one inch in six inches to shed water away from the post. (c) Protection: Fabric and accessories shall not be attached to posts for at .east seven days after concrete has been poured. Concrete surface shall be kept moist and protected from mechanical injury during this period. 3-3. BRAC:INC: All end, corner, pull and gate posts shall have horizontal braces trussed frog► the line posts to terminal post by 3/8" diameter galvanized steel rods or equivalent with adjustable takeup. 3-4. FABRIC- Shall be securely tied to line posts with galvanized steel bands or No. 9 galvanized steel wire, spaced not more than twelve inches apart on posts. 3-5 . Extension A:ms shall extend as directed by the Project Inspector and shall be riveted or welded to the top of the posts. Barbed wire shall be tensioned and securely fastened to arras. 3-6. Cz:, i: .: shrill be mounted sea that gate cannot be lifted off the hinges. p . full owing and C a o lq-o hll-, si p;;ll ho :1doquato Lind trr.olwc� 'l`J adjusted to c;rm C 8 k"Aay, 3-7 . %lectrical grounding shall be provided as noted on drawings. 3-3. Ditch barriers shall be constructed as indicated. After weldi ,;, reinorccmenL shall receive a zinc-chromate primer and two finish coats of e-verior aluminum metal paint. 3-a , "�SiTi �; rT�,i,^.F; Any exintin a woven wire farm type fence on the new fence lines �aytI be rcrroved by others. Connections between new and existing chain link fences shall be neatly and securely made, as approved by the Project Ins�ecYor. ZL RIGHT OF WAY PLAT 1"a 300' i NE COP, N04 NW%4 NE COR. N04 NE%4 SEC. ! SEG. 1 13 TH. STREET - ................. PIN 3 65' 132 ......... d tD !I it 2 70' 2 N04 NW%4 SEC.1 NW%4 N04 SEC.I UNITED STATES OF AMERICA' Beginning at a point 132. 0 feet West and 33 feet South of the NE corner NW1/4 NE1/ Sectionl, Township 83 North, Range 24 West, thence South 7 feet, thence West 565 feet,'<40, feet distant from and parallel to the North line NW 1/4 NE1/4 said Section 1, thence South- westerly to a point 165 feet South and 270 feet West of the West line NW1/4 NE1/4 said Section 1, thence West, 165.feet distant from and parallel to the North line of the NE1/4 NW 1/4 said Section 1 to the Centerline of the Skunk River, thence Northwesterly along the Centerline Skunk River to the South Right-of-Way line of 13th Street, thence East along the South Right-of-Way line of 13th Street to the point, of beginning. 2. 92 Acres ± . B00K_a LPAGE_A m CD �OQ co m o: CD ° \ cn � rn C] cb c FA� \ AL