HomeMy WebLinkAbout~Master - Transmission Line - State Board of Regents CITY OF AMES TRANSMISSION LINE EASEMENT-APPLIED SCIENCE CENTER-89-2
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 Sixty (60) foot wide easement, across part of the South 48.5 rods of
the Northeast Quarter (NE1/4) of the Northeast Quarter (NE1/4) ; AND
across part of the South-half (S1/2) of the Northeast Quarter (NE1/4) ;
AND across part of the North-Half (N1/2) of the Southeast Quarter
(SE1/4) ; ALL in Section 32 - T84N - R24W of the 5th P.M. , in the City of
Ames, Story County, Iowa; Thirty (30) feet on each side of the following
described below.
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 Transmission Line 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 (N.E.)
corner of the South-half (S1/2) of the Northeast Quarter (NE1/4) of
said Section 32; thence S 000 53' 48" W, 1.73 feet along the east
line of the NE1/4, to the Point of Beginning; thence S 600 54' 23"
W, 1,837.69 feet (to a point designated "A") ; thence S 440 49' 42"
W, 1,032.09 feet (to a point designated "B") ; thence N 750 07' 21"
W, approximately 350 feet to the west line of the SE1/4, and the
Point of Ending.
Anchor Easements
Thirty (30) foot wide easements, Fifteen (15) feet on each side of
the following described centerlines:
"Beginning at a point designated "A"; thence N 370 07' 58" W, 80.00
feet to the Point of Ending."
AND
"Beginning at a point designated "B"; thence S 750 07' 21" E, 80.00
feet to the Point of Ending."
AND
"Beginning at a point designated "B"; thence S 440 49' 42" W, 80.00
feet to the Point of Ending."
2. Use: Said premises shall be used by the Grantee for the purpose of
Constructing, reconstructing, operating, maintaining and repairing
transmission line including all appurtenances required therefore,
together with the right of ingress thereto, and for no other
purpose.
CITY OF AMES TRANSMISSION LINE EASEMENT-APPLIED SCIENCE CENTER-89-2
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.
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, 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.
CITY OF AMES TRANSMISSION LINE EASEMENT-APPLIED SCIENCE CENTER-89-2
10. Duration: This easement is granted and all rights hereunder shall
endure for so long as the Grantee continues to use the same for
transmission line. 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.
I
CITY OF AMES TRANSMISSION LINE EASEMENT—APPLIED SCIENCE CENTER-89-2
City of Ames
0
&WIj
B Attest by
F. aul Goodland, Mayor Nancy Dionigi City Clerk
STATE OF IOWA
ss:
STORY COUNTY
On this day of 190, before me, the
undersigned, a Notary Public in and for the State of Iowa, personally
appeared F. Paul Goodland and Nancy Dionigi , to me personally known, who
being by me duly sworn, did say that they are the Mayor and City Clerk,
respectively, of the City of Ames, Iowa; that the seal affixed to the
foregoing instrument is the corporate seal of the corporation, and that
the instrument was signed and sealed on behalf of the corporation, b
authority of its City Council a contained in Resolution No.
passed on the 134"- day of 19a, and that the said F.
Paul Goodland and Nancy Dionigi , acknowledged the execution of the
instrument to be their voluntary act and deed and the voluntary act and
deed of the corporation, by it voluntarily executed.
Notary Public in ang for
Story County, Iowa
My Commission expires:
APPROV D AS To F M
BY -
John R. Klaus
City Attorney
4 CITY Of AMES TRANSMISSION LINE EASEMENT-APPLIED SCIENCE CENTER-89-2
IN WITNESS WHEREOF, the Grantor has caused this instrument to be duly executed
by its lawfully designated officials this day of 19—.
State Boar Regents
By
. Wayn ichey
Executive Director
State of Iowa
County of Polk ss.
On this day of 19gq, before me, the
undersigned, a Notary Public in and or he 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 Richey was authorized to execute this instrument by
Vote u the Board of Regents at its meeting on day of
1919, and that the execution of this instrument is a voluntary
act and red of the Board of Regents and of the executive director.
tary Pu51.;c in and for Said County
y Cor&7Hs,s-;on expires: S{-a6 -Ql
Executive Council
State of Iowa
By Z�JL
Secretary
State of Iowa
County of Polk ss. ;f
On this < 2>76 day of , 19 before me, the
undersigned, a Notary Public in and f r the State f Iowa, ersonally appeared
a member of the Executive Council , of Iowa, to person k n, who, being
by me duly sworn, did say that (he/sh ) is that the
instrument was signed on be if of nd the authority of the Executive
Council of Iowa, and t at was authorized to execute this
instrument by a vote ,0f t e Executiy� Council of Iowa at its meeting on
r day o 19u, and the execution of this instrument
is a o untary act d deed of the Executive Council of Iowa and its member.
Notary Publ i for Said County FA
snrr�R v
My commission expires: /��n MYCo MISUMN EXPIRES
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Description Attached
EP — File #80005-2 C:\80005-2\80005-2E.DWG E 1/2 — Section 32 — 84 — 24
EASEMENT PLAT o
Iowa State University ENGINEERING PLUS
City of Ames — Iowa Electric Tie Line L Ames, Iowa 515-232-8553
•ti
Danger Tree(Trim)
t .
Clearance Zone
Low-Growing Trees and ±
Shrubs Permissable
t
25' 25'
RigM•Ot-Way Width
TYPICAL TREE CLEARANCE
REQUIREMENTS
EXHIBIT "COW