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HomeMy WebLinkAboutA001 - Council Action Form dated August 25, 1992 COUNCIL ACTION FORM Item # Date: August 25, 1992 SUBJECT: Resolution approving easements along Lincoln Way, east of Sheldon Avenue for street lights. BACKGROUND: The Engineering Division is proposing to place two "banner type" street light poles along the Lincoln Way north right-of-way, east of Sheldon Avenue. The pole placements along the Lincoln Way north right-of-way are planned,. to be placed on Iowa State University property in order to maintain proper setback distance from Lincoln Way. The poles will be relocated on the north side of the sidewalk adjacent to the walkway. Therefore, the City needs two small easements in order to install the two "banner type" poles along Lincoln Way, on University property. Attached is the easement agreement from Iowa State University for the placement of the street light poles. ALTERNATIVES 1. Approve the easement agreement with Iowa State University for the placement of the street light poles. 2. Deny the easement agreement. MANAGER'S RECOMMENDED ACTION: It is recommended by the City Manager that the City Council adopt alter- native number 1 above, thereby approving the easement agreement with Iowa State University for street light placement. COUNCIL ACTION: \spec\frank\easement.a25\RN:Orig CITY OF AMES-STREET LIGHT UTILITY EASEMENT LINCOLN WAY AND SHELDON AVENUE WHEREAS, the state of Iowa holds title/o the following real property looted 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: Southwest corner of Iowa State University, Ames,Iowa east of the intersection of Lincoln way and Sheldon Avenue. with said two sassment tracts being each a six (6) foot by six (6) foot square area described below: NOW THEREFORE, the Iowa State Board of Regents,ptusuant to Iowa Code s 262.67(1987), for the use and benefit of Iowa State University of Science and Technology, (lwioa m refaced to as the Grantor) and in corhsideration of the payment of One Dollar and other considerations as herein oonained+ hereby grate unto the Cky of Ames &aWnalber refened to as the Gnaw) the following City of Ames - Street Light Utility Easement - Lhwoln Way and Sheldon Ava ne, subject to these terms, covenants and conditions,to wit: I. Imo: The easeasent basin panted shall be located upon and limited to the following two Permansat easements. Beginning at the imcsaction of the east right of way line of Sheldon Avenue and the north right of way line of LAnooin Way; located in the southwest corner of Section 4, T83N, R24W of the St6 PAL.Sooty County, Iowa, thence east along said north right of way line of Linooin Way a distance of 102J Beet to the true point of bq&udM thence north 6 feet;thence eat 6 1heow south 6 feet;theaoce crest 6 feet to the ma point of begimb&©onWft OAM acres or 36 square Beet mope or less. Beginning at the intecsipedw of fee east right of way line of Sheldon Avenue and the north right of way line of 11nooln Way; located in the southwest corner of Section 4, T83N, R24W of the Sth PAL, Story County, Iowa, thence east along said nosh right of way line of Lincoln Way a distance of 381.0 fat to the true point of beginning; thence north 6 fat;isnos wt 6 hat;Ibenee south 6,fat;thence west 6 he to the true point of big, i O:OOOf 3 noves or 36 square fat mtws at less. 2. ME: Said premises shall be used by the Grantee >bor the purpose of constructing, reoonatnuttion, vperadng, mainai- ng and repairing street lights, inciu ft an gnxute name required therefore. together with the ri&of inposs thereto, and for no other purpose. 3. Ate: Grantee's eatnhroe upon the Grantor's premises for the purpose of construction on or ser Oft said essansnt, at for the repair or removal of the same, shall be over reasonable routes of mom designated by officials of Iowa Sterne University of Silence and Technology for vAose bww*the; P -ises are held by the Grantor, and air puts of said premises, damaged in the course thereof shall be promptly replaced or restored by the Grantee. 4. : All ditches, Umc bes 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. CITY OF AMES-STREET LIGHT UTILITY EASEMENT LINCOLN WAY AND SHELDON AVENUE 5. Utilities Crossings: All crossings of existing sewers, water lines, electric lines, telecommunication lines, computer data lines, steam 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 Crantee's rights herein granted. 8. Relocat�' u : 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 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 street lights. Whenever said use shall be discontinued, all rights granted herein shall terminate and revert to the Grantor. 11. AssigLied 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-STREET LIGHT UTILITY EASEMENT LINCOLN WAY AND SHELDON AVENUE IN WITNESS WHEREOF, the Grantor has posed this instrument bo be duly executed by its lawfully designated officials this day of . 19 State Board of Regents By R. Wayne Richey Executive Director State of Iowa County of Polls as. On this day of 19___, before me, the undersigned, a Notary Public in and for the State of Iowa, paaonatly appeared the executive director of the Iowa Board of Regents, to me personally]mown, who being by me duly sworn, did say that he is R. Wayne Richey, that the instrument was signed on behalf of and by the a dwrity of the Board of Rego and that R. Wayne Richer was audwroed to execute this h>stremeat by vote of the Board of Regents at its meeting on day of 19_,,,,, and that the execution of this instrument is a voluntary act and deed of the Bowl of Rag m and of the executive diceaw. Notary Public in and for Said County My Commission expires' Executive Council State of Iowa By Secretary State of Iowa County of Dolt as. On this day of . 19_, before me,, the undersigned, a Notary Public in and for the State of Iowa, personaey appeared a member of the Executive Council, of Iowa, to me personally known, who, being by me duly sue, did my that (he/she) is , that, the instrument was signed on behalf of and by the authority of the Executive Council of Iowa, and that was authored to execute this instrument by a vote of the Executive Council of Iowa at its meeting on day of . 19, and the execution of this instrumift is a voluntary act and deed of the Executive C ucil of Iowa and its members. Notary Public in and for Said County My commission expires: CITY OF AMES-STREET LIGHT UTILITY EASEMENT LINCOLN WAY AND SHELDON AVENUE City of Ames By Larry N. Curtis Mayor State of Iowa County of Story ss. On this day of i9�, before me, the undersigned, a, notary public in and for said County in said State, personally appeared , , known to me and who executed the foregoing document and who acknowledged that he/she executed the same as a voluntary act deed. Notary Public in and for Said County My commission expires: V I /LI 1 I�MJI..Ivt_Ir 1 PLAT r CITY OF AMES, IOWA ENGINEERING DEPARTMENT DATE OWNER: I + STATE NIVERSITY Z SHELDON o — i AVE. 10"r+ roO � 0cu i �ti,� m mow p'� � .� m � CA I w0 r+ p.0 OW wO � �� 0" SCALE /• Raw. x� .A la'�„J•m °9. c,24Q X. N I O M P► Oto N I 1 OO 01 E;0b:,* tDO • 1 ' o z ( I w �0 :dg M b$ COO QQ t r �' N 0� r w`40 Id cr so so fAf. CIO •'� c� c� 8e eotr os 00 I I wcM0 r« "s a coa asO � •s O I I ' l � RECORDED: s 1 BOOK i PAGE N- DATE