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 ($] .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 Northw^ t
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 lying ten (10) feet on each side of a line des-
cribed as follows:
Beginning at a point 272 feet + West and 183 feet + South of
the North quarter corner of Section 10, Township 83, North
Range 24 West of the 5th P.M., Story County, Iowa, thence
West 260 feet +, thence South 450 0' West 370 feet + to
i
existing Right-of-Way of 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;
2
(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 con-
struction, 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 Univer-
sity 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 construction, maintenance, repair, existence, use or removal
of said water main herein permitted;
(4) That none of the cost of constructing, reconstructing,
operating, maintaining or repairing said water main shall be charged
or assessed against 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 assignment be
construed to give the assignee any other or greater or different
rights than those hereby given to said City;
3
(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 re-
quested by said Board, reviove its water main and appurtenances from
the locations hereinbefore described.
IN WITNESS WHEREOF, the parties hereto have hereunto affixed their
respective signatures on this A�= day of , 1970,
to triplicate originals by their appropriate o ficers who are
authorized to execute this instrument.
STATE BOARD OF REGENTS CITY OF AMES, IOWA
STATE OF IOWA
BY ` By .:
.11 t.t yTt..
Execut a Secretary Mayor ,"�•' �
X� ' "0
c / t
EXECUT VE CI
STATE ATTEST: ..; _"*
By
4*
Secretary City Clerk ;�
f
f
i
BOOK.J,a PAG
• 8� A� � � Docket Item B 1
Page-2
p
u
Q
c�
N W
• - U.
u 0
j
_ ro IMMIAw all a
a M 41
- —�-�RT"fit — r b � � 3 •,
Im O O
O U V
.� to CO
N r �•1 0 ww•,,
y. tT z d' >
v a -a
o � o
�
?coi ` Z A ton � u r3i
•.� O W
c :_ W 14 +1 4a N
Z
1 CCY o N •V O � N
i
w 44
a +I o
sl 3 p b Cn � tr
lee
+)
•rq 3 •,I to to
N +1 N 3 .k
I -g 4-0
1--►--- O `" CO 4 +1
rl +)
«
41 N L: N
ICI (L) � •rl 4J w
W 8 W •rl t� •� �
�w�rrsorwrrrwr�rrrruoM��rr�
APPROVED
MAY 15 in
IL
■ r
S sraT BLAB- 5
• ■rwrrlrr{aMt*ors 5' _. .[:.:.rtslr�