Loading...
HomeMy WebLinkAbout~Master - Water Main - State Board of Regents HMO MIEMWO I p dinQ F6o STORY COUNTY,IOWA V '---W FILED FOR RECORD F AW CITY OF AMES - WATER MAIN EASEMENT RA OCT 4 IM Wk APPLIED SCIENCE CENTER 9U M L VMK KAW,6=0 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 twenty (20) foot wide by 4,725 foot long easement, across the south- half of the Northeast Quarter (S2 -NE4); AND across the Southeast Quarter (SEX); ALL in Section 32-T84N-R24W of the 5th P.M. , in the City of Ames, Story County, Iowa. NOW THEREFORE, the Iowa State Board of Regents, pursuant to Iowa Code s 262.67 (1989), 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 - Water Main Easement -_Applied* Science Center, 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: Commencing at the Northeast (NE) corner of the South-half of the Northeast Quarter (Sz-NE4) of said Section 32; thence S 001 53' 48" W, 297.50 feet along the east line of the NE4, to the point of beginning; thence S 58° 07' 20" W, 708.19 feet; thence S 350 04' 00" W, 78.02 feet; thence S 17° 58' 40" W, 545.14 feet; thence S 10° 47' 40" W, 189.34 feet; thence N 790 12' 20" W, 63.59 feet; thence S 101 47' 40" W, 1,209.98 feet; thence Southwesterly, along a 600.96 foot radius curve, concave northwesterly, an are distance of 84.60 feet (the long chord bears S 39° 55' 59" W, 84.53 feet); thence S 431 57' 57" W, 482.50 feet; thence Southwesterly, along a 544.96 foot radius curve, concave southeasterly, an arc distance of 417.70 feet (the long chord bears S 220 00' 28" W, 407.55 feet); thence S 00° 02' 59" W, 557..10 feet to the point of ending, a point on the south line of the SE!, which is S 89' 43' 47" E, 999.10 . feet from the SW corner thereof. 2. Use: Said premises shall be used by the Grantee for the purpose of constructing, reconstructing, operating, maintaining and repairing water main piping, 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 designed 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. BOW PAM i A 1 5. Utilities Crossings: All crossing 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. Liability: Grantee covenants to indirmnify and save the Grantor and its successors in interest and Iowa State University of Science and Technolo- gy and the officers, employees, students, tenants, guests and invitees thereof, harmless from any and all damages arising, directly or indirect- ly, 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 PY remises for an purpose it sees fit which does not interfere with Grant- ee'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 at no cost 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 water main service. 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. ZC)Z, BOOK P Ate 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. II 9 Zp-30 CITY OF ANES- WATER MAIN EASEMENT APPLIED SCIENCE CENTER IN WITNESS WHEREOF, the Grantor has caused th' instrume to be dul exec d by its lawfully designated officials this ��day of 19 State Board A �, e n s By ayne u R' ey cQ Executive irector State of Iowa County of Polk ss. (f i On this day of , 15�0, before me, the undersigned, a Notary Public n and or he State of Iowa, personally appeared the executive director of the Iowa Boa of Regents, to me personally known, c� who being by me duly sworn, did say tat he is R. Wayne Richey, that the v! instrument was signed on behalf of and by the authority of the Board of Regents and that R. Wayne Richey was authorized to execute 's instrument by vot the Boar of Regents at its 'meeting on day of ,� 19q, and that the execution of this instrument is a voluntary O ac and de d of the B rd of Re ents and of the executive director. Notary Publ c in and for Said u ty C My Commission expires: Executive Council State of wa By Secretary State of Iowa County of Polk ss. On this day of � � 19�, before me, the undersigned, a Notary Public in and f the State of IoAersonally appeared a member of the Executive Council , of Iowa, to persokn n, who, being ?� by me duly sworn, ' did say tha ; (he/she) i that the instrument was signed on be f of and y e uthority of the Executive (S. Council of Iowa, and tha - authorized to execute this instrum nt by a vote f e Executiv Council of Iowa at its meeting on day of 19��, and the execution of this instrument is a voluntary act an deed of the Executive Council of Iowa and its member. N V1--- NotarytPublicljfi and for i ounty My commission expires: I WO 0 , CITY OF AMES- WATER MAIN EASEMENT - ;� APPLIED SCIENCE CENTER Cl } d ar„wwa ' D Attested by � t ;rr,y Cur is Mayor City C rk sS On this 26th day of June 1990 , before me, the undersigned, a notary public in an for said County in said State, personally appeared LarryCurtis Nancy Dionigi known to me and who executed t e foregoing document and who acknowledged that he/she executed the same as a voluntary act deed. I k�l y2w,'#y9wllw'Fs ' ato � in d f Said County �O*,-�exp i res: 11A4eA- l�. 199 J PAGE i r • NE Corner S 1/2—NE 1/4 + Section 32-64- 24 Found 5/8' Iron Pin 0.00 South O, 6 U1 V W � � O C .'.: •,,, .' � POINT of r1°�i%i BEGINNING j'YO j 2+97.50 S°uth i =I ///(nCp 'I I myrl-.J N 79' O 2 E Is9notee L,o 633 59,2 "W o Norm Eod I DESCRIPTION; E/ram°South 1 A Twenty (20) foot wide easement, across the South-half of l the Northeast Quarter (S1/2-NEt/4); AND across the Southeast , Quarter (SE1/4); ALL in Section 32 - T84N - R24W of the 5th P.M., )� I in the City of Ames, Story County, Iowa; Ten (10) feet on each (n side of the following described centerline: O 1 "Commencing at the Northeast (NE) corner of the South-half I of the Northeast Quarter (Si/2-NE1/4) of sold Section 32; thence "i Ali- S 00' 53' 48" W. 297.50 feet along the east line of the NE1/4, to -A, the Point of Beginning; thence S 58' 07' 20" W, 708.19 feet; O�f 'v thence S 35' 04' 00" W, 78.02 feet; thence S iT 58' 40" W, 1, s. 545.14 feet; thence S 10' 47' 40" W, 189.34 feet; thence N 79' 12' 20" W, 63.59 feet; thence S 10' 47' 40" W, 1,209.98 feet; thence Southwesterly, along a 600.96 foot radius curve, j concave northwesterly, an arc distance of 84.60 feet (the long chord bears S 39' 55' 59" W, 84.53 feet); thence S 43' 57' 57" W, - 482.50 feet; thence Southwesterly, along a 544.96 foot radius pl, 9 Hoaewav curv.Data curve, concave southeasterly, an arc distance of 417.70 feet (the O I y A-09,47'53' long chord bears S 2T DO' 28" W, 407.55 feet); thence 1 R- 1.400.00• S 00' 02' 59" W, 557.10 feet to the Point of Ending, a point on ( T- 120.00' L-239.41' the south line of the SE1/4, which is S 89' 43' 47" E. 999.10 feet from the SW corner thereof" ! a Roadway Curve Dato 1� A=24'36'51" 1 R-572.96'(101) T- 125.00' L-246,14• Water Curve Data A-or 03,57* R-000,90' 28' // 0 L-e4.60• °(S 3s 455'Sr w) YS%/'\� North c Roo T 5 Curve Data / R 57 - 4'S6" f I R—572.96'(10) T=439.16' /Pl- rio Water Curve Data L 439.16' R.54496 4.7 '5ff 1e I I� h-40755' IS 22'00.21r W) I I F 110 0 SCALE: 1" = 200' C) all111 50 1 rr-' x III 3' III � Ill 0 100 200 coo soo 600 D s IIICn (Reduces to Approx. 1" = 400') Sw Corner SE 1/4 0 i° I IJ /Section 32—84—24 I l� / No M°num-t Found f 1 en G,,�,On Centerline nt dine of Ontario Street ON I ARiO STREET --l-_--_ 589'43'47"E - 999.10' — `POINT of ENDING CERTIFICATION; 61ANO �*@so# Gy` I hereby certify that this easement plat is in accordance with a survey, made by me, in April, 1990; at the request of a MOD. Shawn O'Leary, with the Public Works Department, City of Ames, JANSSEN Ames, Iowa 50010. $136 10101 Kenneth D. Jansse E., L.S. EP—File #80005-6 April, 1990 E 1/2 Section 32 — 84 — 24 WATER MAIN EASEMENT PLAT a (far) CITY of AMES (from) IOWA STATE UNIVERSITY ENGINEERING PLUS Ames, Iowa 515-232-8553 WATER MAIN EASEMENT DESCRIPTION I Revised Iowa State University to City of Ames A Twenty20 foot wide easement across the South-half of ( ) , the Northeast Quarter (S -NE$) • AND across the Southeast Quarter SE ALL in Section 2 - T8 N - R2 W of the th P.M. in the ( �) ; A 3 4 4 5 , City of Ames, Story County, Iowa; Ten (10) feet on each side of the following described centerline: 11Commencing at the Northeast (NE) corner of the South-half of the Northeast Quarter (Sj-NEJ) of said Section 32; thence S 000 53 ' 48" W, 297.50 feet along the east line of the NEJ, to the Point of Beginning; thence S 58° 071 2011 W, 708. 19 feet; thence S 35' 041 00t1 W, 78.02 feet; thence S 17° 581 4011 W, 545.14 feet; thence S 100 471 4011 W; 189.34 feet; thence N 790 121 2011 W, 63.59 feet; thence S 10° 471 40" W, 1 ,209.98 feet; thence Southwesterly, along a 600.96 foot radius curve , concave northwesterly, an arc distance of 84.60 feet (the long chord bears S 390 55 ' 5911 W, 84.53 feet) ; thence S 430 571 5711 W, 482.50 feet; thence Southwesterly, along a 544.96 foot radius curve, concave southeasterly, an are distance of 417.70 feet (the long chord bears S 22° 001 2811 W, 407. 55 feet) ; thence S 000 021 59" W, 557.10 feet to the Point of Ending, a point on the south line of the SEJ, which is S 890 43' 47t1 E, 999.10 feet from the SW corner thereof- " Bearings are reference to the State Plane Coordinate System as surveyed in this area by us in 1983. Water Main Easement Plat is attached. buN4SG JANM "a• �s �l KENNETN 0. `� ' I� �. Kenneth Z, D. Jans n P.E. , L.S. soy� Revised: April 19, 1990 (Reroute @ North end to fit road) October 17, 1989 ENGINEERING PLUS EP-File #80005-6 (WATEREAS.DES) WOK9 PAGE ., t W� '� Q! � � �� N O L'7 r- n� � C,.i _ J T.:, k.,.^y � � :� vl 31 � � _ � � � � Dw .,. 1� �� a � � a '' $ �