HomeMy WebLinkAbout~Master - Water Main - State Board of Regents EASEMENT FOR WATER MAIN
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 Amen, Iowa, the right to
construct, reconstruct, operate, maintain, repair and remove a
12" water main 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 Northwest
Cuarter of the Southwest Quarter of Section 4, Township 83 North,
Range 24 West of the 5th P.M. so long as the said City operates
and maintains said water main after its installation.
Said water main shall be constructed within a strip of land ten (10)
feet in width described as follows;
Beginning at the intersection of the East Right-Of-
Way line of Hyland Avenue and the North Right-Of-Way
line of Sheldon Avenue; thence North along the East
Right-of-Way line of Hyland &venue 230.0 feet, thence
East 10.0 feet; thence South along a line 10.0 feet
East and parallel to the EAst Right-Of-Way line of
Hyland Avenue to the North Right-Of-Way line at
Sheldon Avenue; thence Northwesterly along the North
Right-Of-Way of Sheldon Avenue to the point of
beginning.
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 water main in a manner consistent with normal and accepted
practices of the industry;
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(2) That upon completion of said construction or upon completion
of any reconstruction, repair, maintenance, or removal of said water
main 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, repair, maintenance, operation or removal of said
water main through the premises above-described. All replacement or
restoration of pavements or sidewalks shall be of materials and quality
equal to the original construction. If it is mutually agreed that
certain trees must be removed to permit construction, operation or
maintenance of said sanitary sewer, such removal shall also include
the stumps.
(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 construc-
tion, maintenance, repair, existence, use or removal of said water
main herein permitted;
(4) That none of the cost of constructing, reconstructing, oper-
ating, maintaining or repairing said water main shall be charged or
assessed against adjacent property of the State Board of Regents, Iowa
State University of Science and Technology, or the State of Iowa.;
(S) 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;
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(6) In the event the said City or any assignee thereof dis-
continues the operation and maintenance of said water wain this
easement shall terminate, and said City or assignee shall, if re-
quested by said Board, remove its water main and appurtenances
from the locations hereinbefore described.
IN WITNESS WHEREOF, the parties hereto have hereunto affixed their
respective signatures on this _Tl day of ��.c- , ;t_.0 .,_ , 1969,
to triplicate originals by their appropriate officers who are
authorized to execute this instrument.
STATE BOARD OF REGENTS CITY OF AMS, IOWA
STATE OF IOWA
By JUA4
xecuti Secretary Mayor
EXECUTIVE COUNC ATTEST:
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B t (V By
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'Secretary City Clerk
Docket Item f;-10(
Page 2
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Iowa 51afe &.*iverS/1�
WATER UTILITY EASEMENT
k,. nr, n„ at the intersection of the East Right-Of-Way line of Nyland Avex.ae r.0 ¢:-t
i
No`tn i t-C►f-Way line of Sheldon Avenue; thence North along the East Right-O ._ ay
Cd 'r y1a.I'd Avenue 230. 0 feet; thence Fast 10. 0 feet; thence South along a line 10 1 ',
a.ci &.ar :'.el to the East Right-Of-Way line of Hyland Avenue to the North Right-Of- u`
a L.a ,t .; >n Avenue; thence Northwesterly along the North Right-Of-Way of Sheldon A' Inue
te, tt.e of beginning