HomeMy WebLinkAbout~Master - Water Main - State Board of Regents B00Kjt&---PAGLa-0 ,
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 Ames, Iowa the right to
construct, reconstruct, operate, maintain, repair and remove a
24" 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
Quarter of Section 10, 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
twenty (20) feet in width described as follows:
Ten (10) feet on each side of a line described as
beginning at a point 296.0 feet North and 33 feet
East of Southwest corner SW-1/4 NW-1/4 Section 10,
Township 83 North, Range 24 West of the 5th P.M.,
Story County: East 1,353.0 feet on a line 30.0
feet North and parallel to proposed centerline South
4th Street, thence East 150.0 feet to a point 40.0
feet North of proposed centerline South 4th Street,
thence 359.0 feet on a line 40.0 feet North of and
parallel to proposed centerline South 4th Street to
existing Right-of-Way Elwood Drive.
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 comple-
tion 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 water main, 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 Uni-
versity 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 em-
ployees, in the construction, maintenance, repair, existence, use
or removal of said water main herein permitted;
(4) That none of the cost of construction, reconstructing,
operating, 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;
(5) 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 assign-
ment 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 main this
easement shall terminate, and said City or assignee shall, if
requested 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 Uday of , 1970
to triplicate originals by their appropriate o icers who are
authorized to execute this instrument.
STATE BOARD OF REGENTS
STAT F IOWA CITY OF AMES, IOWA
B [/(. � By
d=iz& I...-.d
Executi Se retary Mayor
EXECUTI C
STATE OF r ATTEST:
By By s' 'f
Se etary City Clem ' 1
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