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CITY OF AMES-STORM SEWER EASEMENT-MORTENSEN ROAD
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:
A temporary construction easement area, lying in the Northwest (NW) corner of the Southwest
Quarter of the Southeast Quarter(SW 1/4-SE1/4)of Section 8 -T83N-R24W of the 5th P.M., in
the City of Ames, Story County,Iowa;
A twenty(20)foot wide permanent easement across part of the Southwest Quarter of the Southeast
Quarter(SWl/2-SE1/4) of Section 8 - T83N -R24W of the 5th P.M., in the City of Ames, Story
County,Iowa
NOW THEREFORE,the Iowa State Board of Regents, pursuant to Code of Iowa.262.67, 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-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:
1 Temporary easement beginning at the Northwest (NW) corner of the Southwest Quarter of
the Southeast Quarter(SW1/4-SE1/4)of said Section 8;thence S 880 56' 13" E, 344.93 feet
along the north line of the S1/2-SE1/4 of Section 8; thence S 010 02' 57" W, 56.00 feet;
1
thence N 880 57' 03" W approximately 344.32 feet to the west line of the SWl/4-SEl/4;cc
n 3 PP Y
- p � thence N 000 25 29" E (for reference only), 56.08 feet along the west line of the SW1/4-
uJ SE 1/4,to the Point of Beginning.
z O cc •— y UJ
Permanent easement commencing at the Northwest(NW)corner of the Southwest Quarter of
p w the Southeast Quarter(SW1/4-SE1/4)of said Section 8; thence S 880 56' 13" E, 344.93 feet
(j a W CO z along the north line of the S1/2-SE1/4 of Section 8; thence S 010 02' 57" W, 26.00 feet to
u_ � '@ the Point of Beginning; thence N 880 57' 03 W, approximately 344.64 feet to the west line
co z = Q of the SW 1/4-SE 1/4,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: 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.
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CITY OF AMES-STORM SEWER EASEMENT-MORTENSEN ROAD
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.
6. Liabili : 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, 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. The Grantee shall fund the full construction,
engineering and miscellaneous expenses associated with the removal and resizing of the box
culvert and necessary erosion control at the culvert outfall located at the storm sewer outlet.
10. Duration: This easement is granted and all rights hereunder shall endure for so long as the
Grantee continues to use the same for storm sewer. If the construction of the sewer has not
begun within twelve (12) months of the effective date, the Grantor may terminate the
easement thirty (30) days after providing written notice to the Grantee. 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.
PAW
t,
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_.
State Boar f Regents
C.
By
R. Vayne Ri hey
Executive irector gr
State of Iowa
County of Polk ss.
On this A� day of 19 before me, the undersigned, a
Notary Public in and for the State of Iowa, personally appeared the deputy executive
director of the Iowa Board of Regents, to me personally known, who being by me duly
sworn, did say that he is Robert J. Barak, that the instrument was signed on behalf
of R. Wayne Richey, Executive Director, and acknowledging signature by the initials
"RJB," and on behalf of and by the authority of the Board of Regents and that
R. Wayne Richey was authorized to execute this instrument by vote of the Board of
Req.� at its meeting on the 16th day of June, 1993, and that the execution of this
eht.is a voluntary act and deed of the Board of Regents and of the deputy
tee, A( latrector.
Nr ° P�mc_ i 6 and or Said Coun
expires: - -
a,
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YMb��`d•:yEfR�r�...
Executive Council
StateZofowa ;
By
Secretary
State of Iowa
County of Polk ss.
On this ..I day of 19 before me, the undersigned, a
Notary Public i and for t � St t of Iowa, personally appeare the secretary of the
Executive Coun 1 f Iow o personally known, who, bein y me dul sworn, did
say she is that the instrument was ig beh of nd by
the authority of the Executive CouLn , of Iowa, and that as
authorized to execute this instrumb vote f the Executive Coun it of Iowa at
its meeting on .� day of 19 and the execution of this
instrument is a voluntary act and d ed of the Executive Council of Iowa and its
members.
N"WVW4*"
Publtcand for S 'dMypires:
sl/BF103jNotary.83 P�
CITY OF AMES-STORM SEWER EASEMENT-MORTENSEN ROAD
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G�ty of {
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b a&
r P « le
t7 tr art` ,t.
ounty of ss.
On this dayof c� 19Q before me,the undersigned, a notary public in
u � �►
and for said County in said State,personally appeared • 0_'U 4
s,known to me and who executed the f egoing document and who acknowledged
that he/she ex c ed the same as a voluntary act deed.
L2::a� —
Notary Public in and for Sai County _
My commission expires: (, 5
` SANDRA L.RYAN
r MY COMM EXPIRES
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