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HomeMy WebLinkAbout~Master - Transmission Line - State Board of Regentsr -� CITY OF AMORANSMISSION LINE EASEMENT-APPLID SCIENCE CENTER �QPi 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 J under the jurisdiction of the State Board of Regents, to-wit: A Sixty (60) foot wide easement, across part of the South 48.5 rods of the Northeast Quarter of the Northeast Quarter (NE1/4-NE1/4) ; AND across part of the South-half of the Northeast Quarter (S1/2-NEI/4) ; AND across part of the North-half of the Southeast Quarter (N1/4-SE1/4) ; ALL in Section 32 - T84N - R24W of the 5th P.M. , in the City of Ames, Story County, Iowa; Thirty (30) feet on each side of the following described below. NOW THEREFORE, the Iowa State Board of Regents, pursuant to Iowa Code , 262.67 (1989) , 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 (hereinafter referred to as the Grantee) the following City of Ames Transmission Line Easement-Applied Science Center,. subject to these terms, covenants and conditions, to-wit: 6 „ 1 : Location: The easement herein granted shall be located upon and QZ J _yimited to a permanent easement beginning at the northeast (NE) �w*h corner of the South-half of the Northeast Quarter (S1/2-NE1/4) of F� FtY FOR R�Cp-6 said Section 32; thence S 890 47' 04" W, 371.84 feet along the westerly extension of the north line of the South-half of the ) 1,. q 4 *V) ; orthwest Quarter (S1/2-NW1/4) of Section 33, (to a point designated MA OCT 4 M thence S 210 23' 28" W, 1,032.32 feet (to a point designated "B"); thence N 870 39' 54" W, 798.41 feet (to a point designated SOX L VANVE MW ftYM 7 thence S 040 27' 40" W, 430.66 feet (to a point designated " ) ; thence S 260 23' 34" W, 453.54 feet (to a point designated RMt" �' ' ) ; thence S 590 16' 12" W, 622.90 feet (to a point designated ) ; thence N 740 19' 10" W, 329.24 feet (to a point designated "G") ; thence N 410 15' 04" W, approximately 61 feet to the west line of the SE1/4 of said Section 32, and the Point of Ending." Anchor Easements Sixty (60) foot wide easements, Thirty (30) feet on each side of the following described centerlines: "Beginning at the point designated "A"; thence N 210 23' 28" E, 90.00 feet to the Point of Ending." AND "Beginning at the point designated "A"; thence S 890 47' 04" W, 90.00 feet to the Point of Ending." AND "Beginning at the point designated "B" ; thence S 870 39' 54" E, 100.00 feet to the Point of Ending." AND "Beginning at the point designated "B"; thence S 210 23' 28" W, 90.00 feet to the Point of Ending." C� ejee : L CITY OF AMEORANSMISSION LINE EASEMENT-APPLID SCIENCE CENTER AND Thirty (30) foot wide easements, Fifteen (15) feet on each side of the following described centerlines: "Beginning at the point designated "C"; thence N 040 27' 40" E, 90.00 feet to the Point of Ending." AND "Beginning at the point designated "C"; thence N 870 39' 54" W, 90.00 feet to the Point of Ending." AND "Beginning at the point designated "D"; thence S 740 34' 23" E, 80.00 feet to the Point of Ending." AND "Beginning at the point designated "E"; thence S 470 10' 07" E, 90.00 feet to the Point of Ending." AND "Beginning at the point designated "F"; thence S 740 19' 10" E, 90.00 feet to the Point of Ending." AND "Beginning at the point designated "F"; thence S 070 31' 29" E, 50.00 feet to the Point of Ending." AND "Beginning at the point designated "F"; thence S 590 16' 12" W, 90.00 feet to the Point of Ending." AND A Forty (40) foot wide easement, Twenty (20) feet on each side of the following described centerline: " thence 32 o Beginning at the point designated G , S 12, 53 W, approximately 77 feet to the west line of the SE1/4 of said Section 32, and the Point of Ending." NOTES: 1) Bearings are referenced to the State Plane Coordinate System as surveyed in this area by us in 1983. 2) This easement shall also be subject to the attached Exhibit "C", which covers Typical Tree Clearance Requirements. 3) Easement Plat (Exhibit "B") is attached. 2. Use: Said premises shall be used by the Grantee for the purpose of Constructing, reconstructing, operating, maintaining and repairing transmission line, including all appurtenances �regquired therefore, BOOK...9::. 9 CITY OF AME41RAMSMISSIOM LINE EASEMENT-APPL• SCIENCE CENTER 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. 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. Right 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 the facilities to be constructed may at some future date also serve the requirements of facilities hereafter constructed or operated by the Grantor. No costs 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 transmission line. Whenever said use shall be discontinued, all rights granted herein shall terminate and revert to the Grantor. CITY OF ANdeRANSNISSION LINE EASEMENT-APPLO SCIENCE CENTER 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. 12. This easement supercedes an existing easement entitled "City of Ames Transmission Line Easement-Applied Science Center-89-2" dated June, 1989. 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. 2aPAGC_�c� I ' CITY OF ANEWNSMISSION LINE EASEMENT-APPLID SCIENCE CENTER IN WITNESS WHEREOF, the Grantor has caused t instrumentlo duly, executed by itZRWaynei/3rjchey gnated officials t �' y °f 19 Stateis By Executi Director State of Iowa County of Polk ss. On this -lay of 19 �A before me, the . undersigned, a Notary Public in and for the 5t#e of Iowa, personally appeared the executive director of the Iowa Board of4egents, to me personally known, who being by me duly sworn, did say that he is R. Wayne Richey, that the Q' instrument was signed on behalf of and by the authority of the Board of Regents and that R. Wayne Richey was authorized to execute th' instrument by vot of the Boar of Regents at its meeting on day of 191 and that the execution of this instrument is a voluntary act and dee of t e Board of Regents and of the executive director. Notary Public in and or a d ou ty My Commission expires: O Executive ouncil State of owa B Secretary State of Iowa County of Polk ss. On this �day of 19 before me, the undersigned, a Notary Public in and fo the State f Iowa, p sonally appeared c� a member of the Executive Council , of Iowa, tom p rs nal now who, being p, by me duly sworn, did say that (he/she) that the k instrument was signed on beh o a y he authority of the Executive Council of Iowa, and t t s authorized to execute this instrum t by a vote t e Executive Council of Iowa at its meeting on day of - 19 and the execution of this instrument is a voluntary act and deed of the Executive Council of Iowa and its member. o l Ir1/ Nota �4Pub i in and for id my My co missi expires: O C: 57 CITY OF AME&ANSMISSION LINE EASEMENT-APPLO SCIENCE CENTER ;. y Am Iowa Iowa Attest by: tis, Mayor Nancy iomgi it3rClerk �n t ;, f I a a4 o�utj+� ' Story ss. *Y this 2nd day of July 19 90 before me, the undersigned, a notary public in and for Story County in State of Iowa, personally appeared Larry R. Curtis, and Nancy Dionigi , known to me and who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Ames, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and the instrument was signed and sealed on behalf of the corporation, by authority of its City Council , as contained in Resolution No.90-191 adopted by the City Council on the 12th day of June , 1990, and that Larry R. Curtis and Nancy Dionigi acknowledged the execution of the instrument to be their voluntary act and deed and that the voluntary act and deed of the corporation, by it voluntarily executed. O=VOSS Notary Pu is in and for Story Count Iowa My Commission expires: —p — O j + " �Y lK PAGE.... t� EXHIBIT " B" S3212'53"W tg77• 1 ~ t T rxeat Line of the SE 1/4 N � Z --T 1 OOf ZT'R .4 i (-ZE '� •\c1s 2 ow e i q ... z_ m m\��� Z F Q\ \ CO •�S o u I I UT 2 w o6y,� L_ 4S�S;�� so4 a 27� �'w 40" 4 ,.AI � -_ N04'27' E m r4.3o.66--41 90.00• I z7 '-I�a• I C** Col rJ O.j W L 1 '� N o m Oa hJ /Tl C ?I I I .Cg.;7• y N O i f jl I y7 I f R tn 9 .2e. 4I I I + I 6 Oe rJ \ S2 CO 4I ml 'y `���232. t5 f I oni N \ O Al Ul a m \1 m ��11I O (>— _ —East Line of the NE 1/4 1 1 soa53.48rw 0 oe Z. ui. z� .iHinz Nc7 =p O R N ►1 az r Ia\ 1 m CD p I N 3 0 > 0 T v0escription Attached EP — File #80005-2 ISU—ff 3.DWG E I/2 — Section 32 — 84 — 24 EASEMENT PLAT Iowa State University ENGINEERING PLUS City of Ames — Iowa Electric Tie Line Ames, Iowa Sty-232-8553 00 9 PAGE..-� - ILK�,.�....�_ Danger Tree([rim) Clearance Zone V� Low-Growing Trees and Shrubs Permissable " • s, 1 30 30• Right-Of-Way Width TYPICAL TREE CLEARANCE REQUIREMENTS EXHIBIT •„C„ 1".62q8 pne 19 x ; , 0 w -t v D o c