Loading...
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