HomeMy WebLinkAbout~Master - Traffic Signal Control Cable - Iowa State Center 1
i
CITY OF AMES-TRAFFIC SIGNAL CONTROL CABLE EASEMENT
IOWA STATE CENTER-88-1
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:
Northwest corner of Iowa State Center, Ames, Iowa at the intersection of
Lincolnway and Beach Avenue, with said easement tract being a strip
twenty-five (25.0) feet by one hundred and twenty (120.0) feet described
below.
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
(hereinafter referred to as the Grantee) the following City of
Ames-Traffic Signal Control Cable Easement - Iowa State Center-88-1,
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 beginning at a point 75 feet south
and 33 feet east of the northwest corner of the NW1/4 of Section 10,
T83N, R24W of the 5th P.M. Story County, Iowa, thence south 25 feet,
thence east 120 feet; thence north 25 feet to the south right of way
line of Lincoln Way; thence west along said south right of way line
a distance of 120 feet to the point of beginning, containing 0.07
acres more or less.
2. Use: Said premises shall be used by the Grantee for the purpose of
Constructing, reconstructing, operating, maintaining and repairing
traffic signal control cable, 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.
a
CITY OF AMES-TRAFFIC SIGNAL CONTROL CABLE EASEMENT-IOWA STATE CENTER-88-1
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 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.
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
traffic signal control cable. 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.
CITY OF AMES-TRAFFIC SIGNAL CONTROL CABLE EASEMENT-IOWA STATE CENTER-88-1
IN WITNESS WHEREOF, the Grantor has caused this instrument to be duly executed
by its lawfully designated officials this 13th day of June 1988 .
State Boar o ents
By
Executiv ecret y
State of Iowa )
)ss:
County of Polk )
On this 13th day of June A.D. 1988 , before me, the
undersigned, a notary public in and for said County in 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
a owledged that he/she executed the same as a voluntary act and deed.
C. '4'
tary Pub is 'n a for S i Coug�yy
y Commission expires: Aug. 6, 1 8
Executive Council
StazX
a
By -*e—
Secretary
State of Iowa
)ss:
County of Polk )
On his (y dam ofUA1t__, A.D. 19 cr, before me, the
undersigned, not ry pu 'c i a for aid county in said State, personally
appeare Secre ary of the State Executive Council ,
known a and who e& u ed the foregoing document and who acknowledged that
he ecuted the VWe as a voluntary act and deed.
Uzi
SkidaFia .Sy Public i r S id County �rcon�MisMIMiRy commission res: —
APPRO S TO/FORM
VED y
8Y -
John R. Klaus
City Attorney
CITY OF AMES-TRAFFIC SIGNAL CONTROL CABLE EASEMENT-IOWA STATE CENTER-88-1
City m
By
M( nter Title) F. Paul Goodland, Mayor
State of Iowa )
)ss:
County of Story )
On this 24th day of May A.D. 1988 before me, the
undersigned., a notary public in and for said County in said State, personally
appeared F. Paul Goodland Mayor known to me and how
executed the foregoing document and who acknowledged that he/she executed the
same as a ,voluntary act deed.
Notary PU is in or id Coyant
My Comm ssi`on 'Ex ires: �5� —
v�-z iriwT-�
r ` PLAT
CITY OF AMES, IOWA ENGINEERING DEPARTMENT
DATE x
OWNER: IOWA STATE UNIVERSITY
SCALE
1` • 60•
UNCOLN WAY
~`NW COR.
SEC. 10-63-24
i
a UNDERGROUND TRAFFIC SIGNAL'
W CONTROL CABLE
Q
i SOUTH ROW LINE )
33� 120'��
co
Beginning at a point 75 feet south and 33 feet east of the northwest corner of
the NW; of Section 10, T83N, R24W of the 5th P.M. Story County, Iowa, thence
�.. south 25 feet, thence east 120 feet; thence north 25 feet to the south right Of
_ Y _ way_._line of Lincoln .Way;_.. thence west, along__.said south__right _of,way_ ne_a_.__ ._..
-- -- = containing- 0.07- acres -more or --
distance of 120-. feet-to' the point- of"beginning,
less.
RECORDED:
BOOK
PAGE
DATE