HomeMy WebLinkAbout~Master - Traffic Signal - State of Iowa - Iowa State University 04194 ✓M� � � , :,
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CITY OF AMES-TRAFFIC SIGNAL EASEMENT OCT 11992
�1M WT O 2 a�j� LINCOLN WAY - KNOLL ROAD -
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�9Fee$ W`R��� `"� state of Iowa holds title to the following real property located in Story
A.ftegfte$ County, Iowa for the use and benefit of Iowa State University of Science and
ethnology under the jurisdiction of the State Board of Regents, to-wit:
Northeast of Buchanan Hall, Ames, Iowa at the intersection of Lincoln Way and
Knoll Road, with said easement tract being a strip six (6.0) feet by six (6.0) feet
described below.
NOW THEREFORE, the Iowa State Board of Regents, pursuant to Iowa Code s 262.67
(1987), 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 Easement
- Lincoln Way-Knoll Road, 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 commencing at the northeast corner
of Lot 1, W.H. Donaldson's Subdivision to the City of Ames, thence south 4.5
feet along east line said Lot 1, thence west along the south right-of-way line
of Lincoln Way a distance of 44 feet to the point of beginning; thence
continuing west along said right-of-way 6.0 feet; thence south 6.0 feet;
a thence east 6.0 feet; thence north 6.0 feet to the point of beginning.
'A 2. Use: Said premises shall be used by the Grantee for the purpose of
?r Constructing, reconstruction, operating, maintaining and repairing traffic
�7 signals, including all appurtenances required therefore, together with the right
`a 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.
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CITY OF AMES-TRAFFIC SIGNAL EASEMENT-LINCOLN WAY-KNOLL ROAD
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 signals. 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.
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CITY OF AMES-TRAFFIC SIGNAL EASEMENT-LINCOLN WAY-KNOLL ROAD
IN WITNESS WHEREOF, the Grantor has caused thi instrume to bed y exe ed
by its lawfully designated officials this day of 19
State BoAK o gents
By
R. ayne Vfhey
ExecutivVDirector
State of Iowa
County of Polk ss.
ay of , 19 �;before me, the
On this dr
undersigned, a Notary Public in for the State of Iowa, personally appeared
a oa the executive director of the Io rd 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 Richey was authorized to execute this instrument by
vote of the Board of Regents at its meeting on the 15th day of July , 1992,
and that the execution of this instrument is a voluntary act and deed of the
Board of Regent nd of the executive director.
f Not y Public in and fo S i Cou tv_
My Commission expires:
Q
Executive ouncil
State of owa
By
Secretary
State of Iowa
County of Polk ss.
On this O day of 19 before me, the
undersigned, a Notary Public in 4nd for the Sta of Iowa, rsonally appeared
. a member of the Executive Council of Iowa, to r onal kno , who, being
s by me duly sworn, did say that (he/she) is that the
instrument was signed on beha o nd by au ority of the Executive
p Council of Iowa, a that was authorized to execute
S th' nstrument b a v e of a Executive Council of Iowa at its meeting on
day of 19� and the execution of this instrument
is a voluntary actfand deed of the Executive Council of Iowa and its members.
Notary Pul5lic in and for Said County
•� My Commission expires: -9.5'
9j !�y
BtJOK �PAGE /
CITY OF AMES-TRAFFIC SIGNAL EASEMENT-LINCOLN WAY-KNOLL ROAD
�� C��y�ofi Ames
La6y.;_ ' rtis, Mayor
;y Y
of Iowa. ,
Coounty of Story ss.
On this Illy day of llNe 19 qo4 before me, the undersigned, a
notary publ&,07-6,
in and for said County in said State, personally appeared
LAR,e �, , known to me and who executed
the f -going document and who acknowledged that he/she executed the same as a
volyntary,act deed.
xk y xbY �
Publip i and fo Sa' County �u L
mmisgp 'expires: /�l C /7 14Pi41
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PLAT
CITY OF AMES TRAFFIC DEPARTMENT
NE CIR LOT 1
SOUTH ROW LINE NORTH LINE
LINCOLN WAY LOT 1
--------- --------------- ------------------------------------� --------- --- - ------- ----
4.5'
6, << 61 44'
V
SE SIGNAL POLE r
KNOLL/LINCOLN WAY
J
W
LOT 1 z
W.H. DONALDSON'S SUB. �
a
W
N
OWNER: STATE OF IOWA
DESCRIPTION:
Commencing at the northeast corner of Lot 1, W.H.Donaldson's
Subdivision to the City of Ames, thence south 4.5 feet along
east line said Lot 1, thence west along the south right-of-
way line of Lincoln Way a distance of 44 feet to the point
of beginning; thence continuing west along said right-of-way
6.0 feet: thence south 6.0 feet; thence east 6.0 feet;
thence north 6.0 feet to the point of beginning.
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