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' - CITY OF AMES-STORM SEWER EASEMENT-MORTENSEN ROAD
WHEREAS,the Iowa State University Alumni Association holds title to the following real property located
in Story County,Iowa:
A temporary construction easement area, across the Southeast Quarter of the Southwest Quarter
(SEl/4-SWl/4)of Section 8 -T83N-R24W of the 5th P.M., Story County,Iowa;
A twenty (20) foot wide permanent easement across the Southeast Quarter of the Southwest
Quarter (SE1/4-SW1/4) of Section 8 - T83N - R24W of the 5th P.M., Story County, Iowa; ten
(10)feet on each side of the centerline described below.
NOW THEREFORE, the Iowa State University Alumni Association, (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-
Storm Sewer Easement-Mortensen Road, subject to these terms, covenants and conditions,to-wit:
1. Location: The easement herein granted shall be located as follows:
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fie- Temporary easement beginning at the Northeast(NE) corner of the Southeast Quarter of the
\� Southwest Quarter (SE1/4-SW1/4) of said Section 8; thence N 890 03' 18" W, 87.09 feet
along the north line of the SE1/4-SW1/4 of Section 8; thence S 21 47' 15" W, 56.78 feet;
QD O� M thence S 890 50' 51" W, 197.09 feet; thence S 000 09' 06" E, 411.31 feet; thence S 890 37'
01 8 55" W, 674.30 feet; thence S 000 11' 22" E, 268.09 feet; thence S 760 36' 34" W, 66.50
LU Z ,� feet; thence S 890 10' 31" W; 286.32 feet; thence S 000 09' 31" W, 145.53 feet along the
0 'o west line of the SE1/4-SWl/4,thence N 870 14' 04" E, 311.10 feet;thence N 000 17' 14" E,
O O �•�� ow 83.57 feet; thence N 760 36' 34" E, 66.50 feet; thence N 890 11' 23" E, 150.68 feet; thence
arc w V &N 000 13' 06" W, 209.99 feet; thence N 890 11' 10" E, 769.25 feet; thence N 000 08' 34"
Z R� W, 425.59 feet; thence N 210 47' 15" E, approximately 93.59 feet to the east line of the
zSE1/4-SWl/4;thence N 000 25' 29" E (for reference only), 51.08 feet along the east line of
cc: a the SE1/4-SW1/4,to the Point of Beginning.
Permanent easement commencing at the Northwest(NW) corner of the Southeast Quarter of
the Southwest Quarter (SE1/4-SW1/4) of said Section 8; thence S 000 09' 31" W 869.49
feet along the west line of the SE1/4-SW1/4 of Section 8, to the Point of Beginning; thence
N 760 36' 34" E, 372.20 feet;thence N 320 37' 42" E, 267.29 feet; thence N 850 57' 17" E,
592.60 feet; thence N 210 47' 15" E; 505.32 feet; thence S 880 57' 03" E; approximately
43.73 feet to the east line of the SE1/4-SW1/4, and the Point of Ending.
2. Use: Said premises shall be used by the Grantee for the purpose of constructing,
reconstruction, operating, maintaining and repairing storm sewer, including all
appurtenances required therefore, together with the right of ingress thereto, and for no other
purpose.
3. Access:
Temporary Easement Areas: 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 limited to the west boundry line of the easement area or to the north boundry line in the
northeast corner of the easement and any parts of said premises, damaged in the course
thereof shall be promptly replaced or restored by the Grantee. Equipment access along
existing cinder roadways will not be permitted.
546 240
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CITY OF AMES-STORM SEWER EASEMENT-MORTENSEN ROAD
Permanent Easement Areas: Access to the permanent easement for the purpose of
construction of or servicing of said storm sewer, or for the repair or removal of same, shall
be over reasonable routes of access designated by officials of Iowa State University and any
parts 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 as
construction is completed and maintained in such manner as to present no hazard or obstacle
to the Grantor's use of the easement areas for other purposes.
5. Utilities Crossings: All crossings of existing sewers, water lines, electric lines, drainage
lines, or other existing facilities shall be according to specifications and details of the
engineer or other official of Iowa State University Alumni Association 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. Any agricultural drainage tile (field tile) intercepted by the construction
of the storm sewer must be either connected to the storm sewer or re-connected if not feasible
to connect to the storm sewer. Any tile broken as a result of construction activities must be
replaced with comparable tile so as not to impede the flow of drainage water. The Grantor
shall have the right to construct underground farm drainage tile lines or other utilities
facilities across or through the easement areas in such a manner as not to interfere with the
Grantee's facilities installed thereunder.
6. Intakes and Manholes: All storm sewer intakes and/or manholes within the easement areas
shall be at ground surface level or below surface to permit mowing and maintenance of the
grassed waterway. Intakes and/or manholes shall not be placed in any existing cinder
driveways or other field drives.
7. Fencing: Temporary fencing shall be placed along the construction easement boundaries
designated by the Iowa State University Plant Introduction staff. Fencing of existing
driveways will be permitted by permission only of said Iowa State University staff.
8. Waterway Grading: The waterway located in the pavement easement areas will be shaped
and graded according to Iowa State University specifications with approximately 1% slope
(west to east) along the waterway. The waterway will be finely graded and seeded to a seed
mixture approved by Iowa State University.
9. Driveway Grading: Existing cinder or field driveways crossed by the storm sewer will be
graded and shaped, as nearly as possible,to their original condition.
10. Liabili : Grantee covenants to indemnify and save the Grantor and its successors in interest
and Iowa State University Alumni Association 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.
11. Riaht Reserved: The Grantor reserves to itself and to Iowa State University Alumni
Association 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. 546 241
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CITY OF AMES-STORM SEWER EASEMENT-MORTENSEN ROAD
12. 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
Alumni Association, 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.
13. 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 or Iowa State University. No cost of the facilities to be constructed
within this easement shall be assessed or charged to the Grantor. The foregoing rights are
granted upon the express condition that the Grantor will not be financially responsible for the
construction and maintenance of the storm sewer which is the subject of these easements.
14. Duration:
Temporary Easement: The temporary construction easements shall commence on the date of
the execution of this document and shall remain in effect until December 31, 1993 or the
completion of construction whichever first occurs.
Permanent Easement: These easements are granted and all rights hereunder shall endure for
so long as the Grantee continues to use the same for such purposes as previously described.
Whenever said use shall be discontinued, all rights granted herein shall terminate and revert
to the Grantor and the State.
15. 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.
546 242
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CITY OF AMES-STORM SEWER EASEMENT-MORTENSEN ROAD
IN WITNESS WHEREOF, the Grantor has caused this instrument to be duly executed by its lawfully
designated officials this day of , 19_
Iowa State University Alumni Association
By
State of Iowa
County of Story ss.
On this —day of ,'1, 19 before me, the undersigned, a Notary Public,
personally appeared the Iowa State tGversity Alumni Association, to me personally known, who being by
me duly sworn, that the instrument was signed on behalf of and by the authority of the Iowa State
University Alumni Association and that was authorized to execute this instrument on day of
19
1N,ptar-y is in and for Said County
mission expires: 64(1 51
-
% �
of Am
By r
<° �;ouri � t6ry ss.
' ( n�this day of r.0L_ , 1� befo me,the undersigned,a notary public in
and for said County in said State,personally appeared LCtr(-
known to me and who executed the fbregoing document and who acknowledged
at he/she Wcuted th a as a voluntary act deed.
Notary Public in and for Said County
My commission expires: P(/ ,I 5 a
gANDRA L RYAN v Z 6 243
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