HomeMy WebLinkAbout~Master - Water Main and Well - State Board of Regents Docket Item B 6
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WATER MAIN AND WELL EASEMENT
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WHEREAS, The State of Iowa hold_s title to the following real estate located in
Story County, Iowa for the use and benefit of Iowa State University of
Science and Technology under the jurisdiction of the State Board of
Regents, to-wit:
Southwest Quarter and Outlots 1 and 2 of the Southeast Quarter of
Section 3 in T83N, R24W.
NOW THEREFORE, the Iowa State Board of Regents for the use and benefit of
Iowa State University of Science and Technology, (hereinafter referred
to as the Grantor) and in consideration of the payment of One Dollar
and other considerations as herein contained, hereby grants unto the
City of Ames, Iowa (hereinafter referred to as the Grantee) the
following water main and well easement, subject to these terms,
covenants and conditions, to-wit:
1. Location: The easement herein granted shall be located upon and
limited to that real estate shown on the plat and legal description
attached hereto and made a part hereof.
2. Use: Use by the Grantee shall be limited to constructing,
reconstructing, operating, maintaining and repairing water mains
and wells, including all appurtenances required therefore, together
with the right of ingress and egress thereto, and for no other
purpose.
3. Access: Grantee's entrance upon the easement property for the
above use shall be over reasonable routes of access designated by
officials of Iowa State University, and any parts of said premises
damaged in the course thereof shall be promptly replaced or
restored by the Grantee. Exercise of this right of access shall not
interfere with the Grantor's regular and daily use of the easement
property unless specifically authorized otherwise and in the exact
manner described in writing by Iowa State University.
4. Excavations: All ditches, trenches and other excavations shall be
firmly filled and maintained in such manner as to present no hazard
or obstacle to Grantor's use of the premises for other purposes.
5. Utilities Crossings: All crossings over or under existing sewers,
,Water lines, erectric lines or other existing facilities shall be
according to specifications and details of the engineer or other
official of Iowa State University in charge of such installations, and
Grantor shall have the right to construct any such facilities across
or through the easement tract in such manner as not to interfere
with Grantee's facilities installed hereunder.
Docket Item B 6
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6. Approval: The Grantee shall not undertake construction of any
facilities for which this easement is granted until the plans and
specifications, exact location and scheduling of any construction
are approved in writing by officials of Iowa State University. The
Grantee further agrees to consult with appropriate university
officials in designing the facilities which may be constructed under
this easement to minimize any interference with the educational,
recreational, physical education, athletic, or other uses of the area
as deemed appropriate by the university.
7. Liability: Grantee covenants to indemnify and save the Grantor it
s ts successors in interest and the Iowa State University and the
officers, employees, students, tenants, guests and invitees thereof,
harmless 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 in any manner arising from or growing out of any acts or
negligence of the Grantee, its agents, contractors, consultants,
servants or employees in the construction, maintenance, repair,
existence, use or removal of said water main and well facilities
herein permitted. Damages to or losses of crops, fences, buildings
or other property of Grantor or its tenants during the original
construction and subsequent maintenance, repair and use of the
facilities installed hereunder shall be promptly and fully restored or
compensated for by the Grantee to the satisfaction of the Grantor.
8. Eights Reserved: The Grantor reserves to itself and to Iowa State
University the right to the full use of said premises for any purpose
it sees fit.
9. Relocation: In the event the Grantor requests a relocation of said
facilities and easement because of the development of the area for
the use and benefit of Iowa State University, the Grantee agrees to
move or relocate said facilities to some other suitable location to
be provided by the Grantor, 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 a useful life of
thirty (30) years, to be paid by Grantor, provided that after thirty
(30) years from the date of this Agreement the liability of Grantor
for the cost of relocation shall terminate.
10. Consideration: A consideration for this easement grant is the fact
that the water main and well facilities to be constructed will be
part of the total water supply system serving the facilities of the
Grantee and the Grantor. No cost of the facilities to be
constructed within this easement agreement shall be assessed or
charged to the Grantor except as may be authorized by the
Grantor.
11. Duration: This easement is granted and all rights hereunder shall
enure for so long as the City of Ames, Iowa, continues to use the
same for water supply service. Whenever said use shall be
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discontinued, all rights granted herein shall terminate and revert to
the Grantor.
12. Assignment Prohibited: This grant is to the City of Ames, Iowa,
only and cannot be assigned in whole or part to any other party
without written consent of the Grantor.
Each and all the above terms, covenants and conditions are of the essence hereof,
and the Grantee, by accepting this instrument, covenants to comply and perform as
so specified; the Grantee's failure to do so shall entitle the Grantor to terminate all
rights hereunder by serving a written notice upon the Grantee specifying its
defaults, and if Grantee fails to comply fully as obligated herein within one year
after said notice, all right, title and interest herein shall cease and terminate and
the Grantor shall regain full unencumbered possession of the premises.
IN WITNESS WHEREOF, the Grantor has caused this instrument to be duly
executed by its lawfully designated officials this /j��day of eb�uar , 1978.
State Board of Regents City of Ames
By Byr_-_` T�
Execut Secr ZarF-y4 Mayor
Executive Council
State of Iowa Attest:
By
Secretary ity Clerk
02
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WATER MAIN AND WELL EASEMENT
STATE OF IOWA
That r,art of the ft , h'. ;; S .11.;; , N . E .114 S . W. ; and the. U 11. ',
S_ E . 'Q of Sec . 3 , Tom;;, , R114114' of the 5th f . 1'. ,City of Ar."Ies ,
Story County, Iowa , lving south of the centerline of the
Iowa State University railroad including Outlot 1 and Cutlot 2
in the N. W. Ij S . E. ;, of --Said Section 3 , and that part of the
N. 1 /2 of the S . W. 1 /4 , S. W.+ 1 /4. and S. E. 1 /4 , S . W. 1/4 of
said Section 3 lying between Squaw Creek and the easterly
right-of-way of Wallace Road.
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i'0 RY COUNTY RECCRGE-;-:
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