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AMES, CITY OF-WATER MAIN EASEMENT-STATE AVENUE AT U.S. 69-82-1
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:
Adjacent to east side of State Avenue, between Meadow Glen Road and
Mortensen Road in Sections 9 and 16, 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 - East of State Avenue, Extending South from Mortensen Road subject
to these terms, covenants and conditions, to-wit:
1. Location: The easement herein granted shall be located upon and limited to
a permanent easement 10' in width centered on a line beginning at a point
17' east and 33' south of the northwest corner of the SWY4 SWY4 Section 9
T83N R24W and running thence south 732.21, thence southeast 150' to a point
57' east of the centerline of State Avenue, thence southerly 650' to a point
75' east of said centerline of State Avenue, thence south 115' to the north
line of Bypass 30. Thence beginning at the south line of Bypass 30 and
running south 951, thence south-southwest 702' to a point 17' east of- the
centerline of State Avenue, thence south 80' to a point 17' east of said
centerline of State Avenue and 227' north of the centerline of Meadow Glen
Road, said point being 1074.7' north and 17' east of the WY4 corner Section 16
T83N R24W.
Also a temporary construction easement 30' in width centered on a line
more particularly described as follows: Beginning at a point 22' east and 33'
south of the northwest corner of the SW% SWY4 Section 9 T83N R24W and
running thence south 7671, thence southeast 125' to a point 52' east of the
centerline of State Avenue, thence south-southeast 660' to a point 70' east
of said centerline of State Avenue, thence south 130' to the north line of
Bypass 30, thence beginning at the south line of Bypass 30 and running south
1801, thence south-southwest 625' to a point 22' east of said centerline of
State Avenue, thence south to a point 22' east of the centerline of State
Avenue and 227' north of the centerline of Meadow Glen Road, said point
being 1074.7' north and 22' east of the WY4 corner Section 16 T83N R24W.
All located in Story County, Iowa and containing 0.069 acres and 1.93 acres
respectively.
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.
AMES, CITY OF-WATER MAIN EASEMENT-STATE AVENUE AT U.S. 69-82-1
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.
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
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 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.
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AMES, CITY OF-WATER MAIN EASEMENT-STATE AVENUE AT U.S. 69-82-1
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. Assigned 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.
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AMES, CITY OF-WATER MAIN EASEMENT-STATE AVENUE AT U.S. 69-82-1
IN WITNESS WHEREOF, the Grantor pkcaused this �rlstrument to be duly executed by
its lawfully designated officials this YN —day of I"l , 198�O
State Board of Regents
B/Exec-ut
iv ecretary
State of Iowa )
)ss:
County of Polk )
On this day of A.D. 19P-3, before me, the undersigned,
a notary public in and for said County in said State, personally appeared
�'. ��, < " , Executive Secretary of the State Board of Regents, known
to me a d who exe uted the foregoing document and who acknowledged that he/she
executed the same as a voluntary act and deed.
Notary Public in and for Said County
My commission expires: 30, i7P3'
Executive Coun it
State a
By ,
ecre ry
State of Iowa )
)ss:
County of Polk )
On this J� day of , A.D. IV, before me, the undersigned,
a not ry �ublic in� and for aid County in said State, personally appeared
(f � a Se tary 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.
'AL
� DARLENE M.DONAHUE
# * MY COMMISSION EXPIRES
Notary Public in and for Said County
SEPTEMBER 3O, 19 _
My commission expires: "-- U—��
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AMES, CITY OF-WATER MAIN EASEMENT-STATE AVENUE AT U.S. 69-82-1
City of Ames
By(ZU
Mayor
State of Iowa )
)ss:
County of )
On this ��day of A.D. 19,& before me, the
d sig ed a notary public in d for aid ounty in said State, personally appeared
A ��,,, , known to me and who
executed the foregoing document aAd who acknowledged that he/she executed the
same as a voluntary act and deed.
Notark Publi in an for Said C my
My commission expires:
`041 NANCY GIBBONS
W COMMISSION EXPIRES
'Ow.
5
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WATER MAIN EASEMENT
PLAT
CITY OF AMES, IOWA ENGINEERING DEPARTMENT
DATE
OWNER: IOWA STATE BOARD OF REGENTS I"= 400' N-S W
30' CONSTRUCTION I ( 1'= 100' E-W
z EASEMENT , 3)
o 1 o
z - o
W Q
10' PERMANENT
EASEMENT
N.W. C0R,
S.W. 1/4 S.W. 1/4 —� -
II SEC. 9-83-24
A permanent easement 10' in width centered on a line more particularly described as follows-:
Beginning at a point 17' east and 33' south of the N.W. Cor. of the SW4 SW4 Sec. 9
T83N R24W and running thence south 732.2' , thence SE 150' to a point 57' east of the
centerline of State Avenue, thence Southerly 650' to a point 75' east of said centerline
of State Avenue, thence South 115' to the N. line of Bypass 30. Thence beginning at the
south line of Bypass 30 and running South 95' , thence south-southwest 702' to a point
17' east of the centerline of State Avenue, thence south 80'
to a point 17' east of said centerline of State Avenue and 2271north of the center-
line of Meadow Glen Road, said pcint being 1074. 7' north and 17' east of the Wit cor.
Sec. 16 T83N R24W:
Also a temporary construction easement 30' in width centered on a line more particularly
described as follows: Beginning at a point 22' east and 33' south of the NW cor. of the
Shy SWx Sec. 9 T83N R24W and running thence south 767 , thence SE 125' to a point 52' east
of the centerline of State Avenue, thence south southeast 660' to a point 70' east of said
:centerline of State Avenue, thence South 130' to the north line of Bypass 30, thence
Peginning at the south line of Bypass 30 and running south 180' , thence south southwest
625' to a point 22' east of said centerline of State Avenue, thence south
to a point 22' east of the centerline of State Avenue and 227' north of
the centerline of Meadow Glen Road, said point being1074.7' north and 22' east of the
W 4 cor. Sec. 16 T83N R24W. All located in Story County, Iowa and containing 0.069 acres
and 1.93 acres respectively.
RECORDED:
BOOK
PA G E
DATE
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