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Home My WebLink About~Master - Street Light - Iowa State Board of Regents i CITY OF AMES-STREET LIGHT UTILITY EASEMENT G LINCOLN WAY AND SHELDON AVENUE /� y 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: Southwest corner of Iowa State University, Ames, Iowa east of the intersection of Lincoln Way and Sheldon Avenue, with said two easement tracts being each a six (6) foot by six (6) foot square area described below: NOW THEREFORE, the Iowa State Board of Regents, pursuant to Chapter 262.67 of the Code of Iowa, 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 - Street Light Utility Easement - Lincoln Way and Sheldon Avenue, subject to these terms, covenants and conditions, to-wit: 1. Location: The easement herein granted shall be located upon and limited to the following two permanent easements. Beginning at the intersection of the east right of way line of Sheldon Avenue and the north right of way line of Lincoln Way; located in the southwest corner of Section 4, o Q T83N, R24W of the 5th P.M., Story County, Iowa, thence east along said north right of Q p CrV way line of Lincoln Way a distance of 102.5 feet to the true point of beginning; thence W north 6 feet; thence east 6 feet; thence south 6 feet; thence west 6 feet to the true point of ON beginning, containing 0.00083 acres or 36 square feet more or less. U. ` ess Beginning at the intersection of the east right of way line of Sheldon Avenue and the w J= z . north right of way line of Lincoln Way; located in the southwest corner of Section 4, U. z. T83N, R24W of the 5th P.M., Story County, Iowa, thence east along said north right of AJ way line of Lincoln Way a distance of 381.0 feet to the true point of beginning; thence °C Q north 6 feet; thence east 6 feet; thence south 6 feet; thence west 6 feet to the true point of beginning, containing 0.00083 acres or 36 square feet more or less. 2. Use: Said premises shall be used by the Grantee for the purpose of constructing, reconstruction, operating, maintaining and repairing street lights, including all appurtenances required therefore, together with the right of ingress thereto, and for no other purpose. 0 3. Access: Grantee's entrance upon the Grantor's premises for the purpose of construction qa 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 itand 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 #WA + 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. BOOK__._L.ti..PAGE..--a- 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. Li ili : 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 e Grantor or its tenarts 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 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. 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. BOOK-w_L'Z PAGE '3' f r CITY OF AMES-STREET LIGHT UTILITY EASEMENT LINCOLN WAY AND SHELDON AVENUE IN WITNESS WHEREOF, th Grantor has,caused this instrument to be duly executed by its lawfully designated officials this.�v&y of 19�i. State Board of Regents By ayne hey Executiv irector State of Iowa County of Polk ss. On this ZZfay of 19Q2,before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared the executive director of the Iowa Board of Regents, to me personally known, 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 authority of the Board of Regents and that R. Wayne Ri hey was authoinized o exec to this instrument by vote of the Board of Regents at its meeting vv�• on � day of 192Zi, and that the execution of this instrument is a voluntary act and deed of a Board of Regents and of the executive director. A O C Notary Public in and foi_Sai!A ty p My Commission expires: Executive Council State of Iow B Secretary State of Iowa County of Polk�ss c� On this �' da of 1 / or me the undersigned, a Notary �— y � g � Y aPubl*' n and for th State of Iowa, personally appeared fthe Executive Council, of Iowa, erso kn n, who, b ng by m ' dul sworn, did say that (he/she) is t the ins e t was ed o behalf of by the authority of the ' h Executive Council of Iowa, and th thorized o e ecute this,instrument by a vote of the Executive Council of Iowa at its meeting on day Cr and the execution of this instrument is a voluntary act and eed of the Executive Council of Iowa and �. -- its members. �Wu&_"k�j NotarA PubliFA and for Said oujjty My commission expires: 1 S Q � /� p BCC,.._,........,.,PAGE CITY OF AMES-STREET LIGHT UTILITY EASEMENT v LINCOLN WAY AND SHELDON AVENUE City of Ames d By Larry durels Mayor State of Iowa County y ss.of Story 2 On this 25th day of August 19 92 , before me, the undersigned, a notary - public in and for said County in said State, personaiiy appeared Larry R. Curtis Mayor known to me and who executed the foregoing document and who 2 ac at he/she executed the same as a voluntary act deed. t "tdYi h�. ✓ �s: � � c%k1ndf o Sai County ; Jill L. Ri pperger s- �y 1, ss�on Vijes: March 17, 1994 s fi s.L " 1 . I I BOOK PAGE '3� - - U I ILI I T tHJtivlt.N I PLAT .„; CITY OF AMES, IOWA ENGINEERING DEPARTMENT DATE I ' OWNER: I STATE NIVERSITY SHELDON '� -- AVE. I ° ' ID on 0 /4 � , I �� Z � o � � � a oUq SCALE / f a' � O � .a � rnro �, O �' � �. xS0 (n �'' O ' '�' rn � -- m -- — --= g cr r+ CIO P-S N i cn " o c coo °, m ti r+ ° o ~ P+ s � (D W 0 coo r* CD P mo o' r+ (OD I' r+ (fin O 1-$ (D I r+ (D 0 { I rn o rn r+ r+ 0, Cn t-+ CD II I i r Cn +•.. P, ro ° N � o Z I I a 4, � bom 'dn gy o n , ' I �; ' N m oroo � '4 0 i(D N z O A Ip 2 I— (D 2. 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