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HomeMy WebLinkAbout~Master - Electric Substation - State Board of Regents . 1 ' BO 0KJZ1PAGE-S. &w0` . EASEMENT FOR ELECTRIC SUB-STATION STATE AVENUE AND MORTENSON ROAD CITY OF AMES, IOWA The State Board of Regents, for and in consideration of the payment of One Dollar ($1.00) and other considerations as herein contained, hereby grants to the City of Ames, Iowa, the right to construct, reconstruct, operate, maintain, repair and remove an electric sub-station in the location as hereinafter described and shown on the plat attached hereto and made a part hereof, ,on property of the State of Iowa used by Iowa State University of Science and Technology, and located in the Southwest Quarter of Section 9, Township 83 North, Range 24 West of the 5th P.M. so long as the said City operates and maintains said electric sub- station after its installation: The North 333 feet of the West 360 feet of the Southwest Quarter (SWk) of the Southwest Quarter (SWk) of Section 9, Township 83 North, Range 24 West of the 5th .P.M., Story County, Iowa, less road Right-of-Way, and con- taining approximately 2.07 acres. The foregoing right is granted upon the following express con- ditions, 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 electric sub-station in a manner consistent with normal and accepted practices of the industry; (2) That upon completion of said construction or upon completion of any reconstruction, repair, maintenance, or removal of said electric sub-station 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 electric sub-station. 2 The said City shall construct and maintain at its sole cost adequate chain link fencing enclosing said sub-station site to prevent trespass or encroachment by persons or livestock. (3) That said City will protect, indemnify and save harm- less the State of Iowa, the State Board of Regents and Iowa State University 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 repre- sentatives of both parties hereto) in any manner arising from or growing out of the negligence of the said City, its agents, ser- vants or employees, in the construction, maintenance, repair, existence, use or removal of said electric sub-station herein permitted; (4) That none of the cost of constructing, reconstructing, operating, maintaining or repairing said electric sub-station 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 ease- ment 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; (6) In the event the said City or any assignee thereof discontinues the operation and maintenance of said electric sub-station this easement shall terminate, and said City or assignee shall, if requested by said Board, remove said electric Lo 8UOKJ � PAGE ----•-� 3 sub-station and appurtenances from the locations hereinbefore described. IN WITNESS WHEREOF, the parties hereto have hereunto affixed their respective signatures on this �m-day of , 1970, to triplicate originals by their appropriat officers who are authorized to execute this instrument. STATE BOARD OF REGENTS CITY OF ANES, IOWA STATE OF IOWA By By Exec ive 'Secretary4 Mayor EXEC UT C III ATTEST: STATE OF I B B Secretary City Clerk .. i Docket Item B-4 Page 2 MuKri-NSw" ko, tA bl _ W coR pkovosrp us p M 'I"HE NORTH 333 FEET OF 7HE WE5T :3GO FL-:E-T- OF- 'i VIE_ SW 1A. SW 1/4• SEC 9 , 'T'83 N , R 24• W OF -rj4E s 7"N Pm , STORY COUNTY' IOV4A LESS ROAD RIGHT OF WAY /-\PP SOX, 2,0-7 nCF;ES • . �a�sm i M t MAR 13 197a m f4A'M .LARD REGENM� • y