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AMES, CITY OF-WATER MAIN EASEMENT-RIVEAAE DIRIVI-TO LINCOLN WAY 81-1
WHEREAS, the State of Iowa holds title to the following real property 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:
North of Lincoln Way between Riverside Drive and Beach Avenue in Section 3,
T83N, R24W, City of Ames, Story County, Iowa, as per attached plat.
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 City of Ames-Water Main
Easement-Riverside Drive to Lincoln Way 81-1, subject to these terms,
covenants and conditions, to-wit:
1. Location: The easement herein granted shall be located upon and limited to
n3n54 a permanent easement ten (10) feet in width (bounded on both sides by an
I�NT-Y--�a1NA additional ten (10) foot temporary construction easement) commencing at
f 9t=1lED OR REG�QD the S.E. corner of the S.W. corner of Section 3, T83N, R24W, City of Ames,
Story County, Iowa, thence West 136 feet along the South line of Section 3,
A.11fi, DEC 1 6 1982 Pa.thence North 75 feet to the point of beginning on the North right-of-way
SUSAN I.POTTER,R2WrdCt line of Lincoln Way, thence Northeast 171 feet to a point on the West right-
of-way line of Riverside Drive and 205 feet North of the South line of
Section 3.
2:- `'Use: Said premises shall be used by the Grantee for the purpose of
constructing, reconstructing, operating, maintaining and repairing water
mains 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, damaged
in the course thereof shall be promptly replaced or restored by the Grantee.
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 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.
PA G.E
AMES, CITY OF-WATER MAIN EASEMENT-RIVERSIDE DRIVE TO LINCOLN WAY 81-1
6. Liability: Grantee covenants to indemnify and save the Grantor and 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
bre 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
1 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 reloction shall terminate.
9. Consideration: The consideration for this grant is the fact that the
facilities to be constructed may at some future date 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 for
so long as the Grantee continues to use the same for water mains.
Whenever said use shall be discontinued, all rights granted herein shall
terminate and revert to the Grantor.
11. Assignment Prohibited: This grant is to the Grantee 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.
2 BOOK PAGE-
r
AMES, CITY OF-WATER MAIN EASEMENT-RIVERSIDE DRIVE TO LINCOLN WAY 81-1
IN WITNESS WHEREOF, the Grantor has caused this instrument to be duly executed by
its lawfully designated officials this 21stday of October , 1-981.
State Board of Regents
By
Execut' Sec tary
State of Iowa )
)ss:
CCounty of Polk )
On this 13thday of November , A.D. 1981 , before me, the undersigned,
a notaryt public in and for said State, personally appeared
R. Wayne Richey , Executive Secretary of the State Board of Regents, known
to me and who executed the foregoing document and who acknowledged that he/she
executed the same as a voluntary act and deed.
r
Notary.Pdblic in and for Said County
'My cQMt�ussion expires: 3 y�
xecUtive Council
State f I w
By
ecretary
State of Iowa )
)ss:
County of Polk )
On thi ' day of , A.D. 19-f-4 before me, the undersigned,
aoota youbl' in and for said County in said State, personally appeared
, Secretary of the State Executive Council, known to me and
who executed the foregoing document and who acknowledged that he/she executed the
same as a voluntary act and deed.
DARLENE M.DONANUE
Mr C;NX�SiON EXPIRES
Notary Public in and for Said County aW> Sepies"Der 3(,
My commission expires:
AMES, CITY(OF,-WATER MAIN EASEMENT-RIVERSIDE DRIVE TO LINCOLN WAY 81-1
J �
a t e e
City o Am
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f 2 �J a,• t �,l f.
State of Iowa )
)ss:
County of )
On this �k day of QUf;1Att+Q✓ , A.D. 19�1, before me, the
undersigned, a notary public in and for sai County in said State, personally appeared
known to me and who
executed fhe(foregoing d cument and who acknowledged that he/she executed the
same as a� Y voluntar act and deed.
Not ry Public m and for Said County
My commission expires: . ;[�� `;^ vcoMMissiorrEXP�RES
4 BOOK J F-K PACE
' WATER MAIN EASEMENT
PLAT
CITY OF AMES, IOW4 ENGINEERING DEPARTMENT
DAT
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OWNER : STATE OF IOWA
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12 N
SE. COR. OF THE S.W. COR.
OF SECTION 3, T83N ,R24W.
CENTERLINE OF LINCOLN WAY
136' L�j
DESCRIPTION: A permanent easement ten (10) feet in width (bounded on both sides by
an additional ten (10) foot temporary construction easement) centered on a line
nore particularly described as follows: Commencing at the S.E. corner of the S.W.
corner of Section 3, T83N, R24W, City of Ames, Story County, Iowa, thence West 136
feet along the South line of Section 3, thence North 75 feet to the point of beginning
on the North right-of-way line of Lincoln Way, thence Northeast 171 feet to a point
on the Hest right-of-way line of Riverside Drive and 205 feet North of the South line
of Section 3.
RECORDED:
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