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Docket Item B 5
Page 2 '
WATER UTILITY EASEMENT INSTR
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WHEREAS, The State of Iowa holds 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:
Either side of the centerline of South Riverside Drive in the South
Half (SO of Section 10 in T83N, R24W, 5th P.M. City of Ames, Story
County, Iowa.
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 utility easement, subject to these
terms, covenants and conditions, to-wit:
1. Location: 10 feet either side of a line commencing at a point
95.0 eet North and 21 feet East of S. Corner Section 10,
T83N-R24W of the 5th P.M., City of Ames, Story County, Iowa;
thence North to South line of South 4th Street. Also 10 feet
either side of a line commencing at a point 255.03 feet North and
21 feet East of N. W Corner Section 15, T83N-R24W of the 5th
P.M., City of Ames, Story County, Iowa; thence South to North
right-of-way line of Chicago and North Western Railroad.
2. Use: Said premises shall be used by the Grantee for the purpose
o �constructing, reconstructing, operating, maintaining and
repairing water distribution line, including all appurtenances
required therefore, together with the right of ingress thereto,
and for no other purpose.
3. Access: Grantee's entrance upon the Grantor's premises for the
purpose of construction on or servicing said easement, or for the
repair or removal of the same, shall be over reasonable routes of
access designated by officials of Iowa State University of
Science and Technology for whose benefit the premises are held
by the Grantor, and any parts of said premises, damages in the
course thereof shall be promptly replaced or restored by the
Grantee.
4. Excavations: All ditches, trenches and other excavations shall be
04920 firmly i e and maintained in such manner as to present no
hazard or obstacle to Grantor's use of the premises for other
STORY COUNTY, IOWAC purposes.
FILED FOR RECORD
A.M. DEC 151978��M
GLORIA A. POUNDS, Recorder
By.................................................Deputy
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Docket Item B 5'
Page 3
5. Utilities Crossings: All crossings of existing sewers, water lines,
electric lines or other existing facilities shall be according to
specifications and details of the engineer or other official of
Iowa State University of Science and Technology 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.
6. Liability: Grantee covenants to indemnify and save the Grantor
an its successors in interest and Iowa State University of
Science and Technology and the officers, employees, students,
tenants, guests and invitees thereof, harmless from any and all
damages arising, directly or indirectly, from the grant of this
easement. Damages to crops, fences, or other property of the
Grantor or its tenants during the original construction and
subsequent maintenance, repair and use of the premises granted
in this easement shall be promptly compensated for by the
Grantee.
7. Rights Reserved: The Grantor reserves to itself and to Iowa
State University of Science and Technology the right to the full
use of said premises for any purpose it sees fit which does not
interfere with Grantee's rights herein granted.
8. 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 the Iowa State University of
Science and Technology, the Grantee agrees to move or relocate
said facilities to some other suitable locations 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.
9. Consideration: The consideration for this grant is the fact that
e water u i ity line to be constructed will be part of the city-
operated water supply facility and may also serve the
requirements of facilities hereafter constructed or operated by
the Grantor. No cost of the facilities to be constructed within
this easement shall be assessed or charged to the Grantor.
10. Duration: This easement is granted and all rights hereunder shall
endure re f r so long as the City of Ames, Iowa continues to use the
same for water distribution service. Whenever said use shall be
discontinued, all rights granted herein shall terminate and revert
to the Grantor.
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Docket Item B 5
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11. 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 its rights, title and interest hereunder shall cease and
terminate and the Grantor shall be entitled to full possession of the premises.
IN WITNESS WHEREOF, the Grantor has caused this instrument to be duly
executed by its lawfully designated officials this 16th day of .Tune ,
1978.
State Board of Regents City of Ames
B yZ / By O �`�=�_
xecutive cretX
Mayor
Executive Council Attest:
State of Iowa
A"By
Secretary City Jerk
r y
WATER MAIN EASEMENT
Docket Item B 5
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A strip of land 20 feet -
II in width described as
II follows:
10 feet either side
of a line commencing at
a point 395.03 feet North
and 21 feet East of S.
1/4 Cor. Sec. 10, T83N-
P R24W of. the 5 P.M., City
/qp• / of Ames, Story County,
• , Iowa; thence North to
South line of South 4th
Street.A1so10 feet either
side of a line commencing
at a point 255.n3 feet North anA 21 feet East of N. 1/4 Cor. Sec. 15,
T83N-R24W of the 5 P.M., City of Ames, Story County, Iowa; thence South
toBbrth right of wav line of Chicaqo ane Northwestern Railroad.
DEPARTMENT ENGINEERING CITY OF AMES,IOWA
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