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CITY OF AMES-ELECTRIC CABLE EASEMENTfgM
SOUTHWEST ATHLETIC COMPLEX-88-3
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:
North and east side of Southwest Athletic complex, Ames, Iowa with said
easement tract being a strip fifteen (15.0) feet by eight hundred one and
seventy-one hundredths (801.71) feet along the north side and a strip
,s fifteen (15.0) feet by one thousand one hundred eighty-three and
seventy-five hundredths (1183.75) feet along the east side described
below.
eh NOW THEREFORE, the Iowa State Board of Regents, pursuant to Iowa Code � 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
Go 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
C a. following City of Ames-Electric Cable Easement-Southwest Athletic Complex
c88-3, subject to these terms, covenants and conditions, to-wit:
m I . Location:ac < n. The easement herein granted shall be located upon and
limited to a permanent easement beginning at a point commencing at
a the Northwest (N.W.) corner of Lot Three (3), in the T. L. Rice
Q Subdivision, in the City of Ames; thence S 000 24' 45" E, 110.00
pO c feet along the west line of said Lot 3 and of Lot 2; thence S 890
U 35 15 W, 7.50 feet to the Point of Beginning; thence N 000 24' 45"
11 W, 110.94 feet along a line parallel with and 7.5 feet West of the
Z cc Go west line of Lots 2 and 3, and that line extended; thence N 130 56'
00 18 E, 61.72 feet; thence N 000 24' 45" W, 1,011.09 feet along a
V �i :line parallel with and 7.5 feet West of the west line of Blocks 1
o¢ w and 2 in Lee's 2nd Addition, in the City of Ames; thence N 890 51'
Z R- 14" W, 519.71 feet along a line parallel with and 7.5 feet South of
Zcn Q. the south line of Knapp Street; thence S 840 02' 06" W, 282.00 feet
z'�l\ to the Point of Ending.
2. Use: Said premises shall be used by the Grantee for the purpose of
CQ constructing, reconstructing, operating, maintaining and repairing
underground 13,800 Volt electric distribution cable, including all
appurtenances required therefore, together with the right of ingress
O 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-ELECTRIC CABLE EASEMENT
SOUTHWEST ATHLETIC COMPLEX-88-3
5. Utilities Crossin s: 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
craps, 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
at no cost to the Grantor 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
underground 13,800 Volt electric distribution cable. 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.
K 42 -PAGE
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CITY OF AMES-ELECTRIC CABLE EASEMENT
SOUTHWEST ATHLETIC COMPLEX-88-3
�Yey Ames
yr g Attest by
Sr" F,
* �• F Paul—Goodland, Mayor Nanc Dionigi City Clerk
, F, }
� I t '• \,
�IOWA
$J r s s.
'ri§TORt'' COUNTY
On this ,�y- day of __Tt&xe., 19B, 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, by
authority of its City Council as contained in Resolution No. g�
passed on the /3'00` day of ,� , 191t, 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.
�� �lt�aa�ttftfttltl/��
Notary Publ i c i n "anduf410.4-
og
Story County, Iowa
My Commission expires: ,-�. .,�' �
APPROVED 8 TO FO M
John R. KI
City Attom
SOUTHWEST ATHLETIC COMPLEX
IN WITNESS WHEREOF, the Grantor has caused this instrument to be duly executed
by its lawfully designated officials this day of 19_•
State Boar of Regents
By
R. ne R they
E utive Director
State of Iowa
County of Polk ss.
On this day of 19 before me, the
undersigned, a Notary Public in and for the-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
Reg1qnts and that R. Wayne Richey was authorized to execute this ins rument by
vote40f the Board of Regents at its meeting on f day of
and that the execution of -this instrument is a voluntary
t an deed of the Board of Regents and of the executive director.
N ary ublic in and f Said County
My Commission expires: moo—q�
COPYExecutive C until
State of
B � _
Secretary
State of Iowa
County of Polk ss.
On this c� � day of 19 L/, before me, the
undersigned, a Notary Public in and fo the State f Iowa, p sonally appeared
a member of the Executive Council , of Iowa to m personal kn who, being
by me duly sworn, did say th (he/she i that the
instrument was signed on be " 1 f the authority of the Executive
Council of Iowa, and tha was authorized to execute this
instrument by a vote f the Executive Council of Iowa at its meeting on
�5 day, of 19a, and the execution of this instrument
is a v luntary act ane ed of the Executive Council of Iowa and its member.
otary P u b-I is a.pd for Said County
My commission e)hV res:
MY MMI. ION EXPIRES
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South Line of Knapp Street e.r
r—=-------'—'—.�j ----- N895114=--------------s.r
"W - 519.71'
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, POINT of
ENDING '
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Part of the
S 1/2 - NW 1/4 Section 9 — 83 — 24
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SOUTHWEST III o
ATHLETIC
-COMPLEX '
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(Reduces to Approx. 1' I13') I
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DESCRIPTION: I
o to
A Fifteen (15) foot wide easement across part of the South- I '-
half (S 1/2) of the Northwest Quarter (NW 1/4) of Section 9 - �I s y
T83N - R24W of the 5th P.M., in the City of Ames, Story County, I I i as
Iowa; 7.5 feet on each side of the .following described
3 centerline: o r: o
1 "Commencing at the Northwest (N.W.) corner of Lot Three (3), o I N
in the T. L. Rice Subdivision, in the City of Ames; thence w
S 00' 24' 45" E, 110.00 feet along the west line of said Lot 3
and of Lot 2; thence S 89' 35' 15" W, 7.50 feet to the Point of
Beginning; thence N 09 24' 45" W, 110.94 feet along a line
parallel with and 7.5 feet West of the west line of Lots 2 and 3, I I
and that line extended; thence N 13' 56' 18" E, 61.72 feet;
thence N 00' 24' 45" W, 1,011.09 feet along a line parallel
with and 7.5 feet West of the west line of Blocks 1 and 2 in
Lee's 2nd Addition, in the City of Ames; thence
N 89' 51' 14" W, 519.71 feet along a line parallel with and 7.5
feet South of the south line of Knapp Street; thence
S 84' 02' 06" W, 282.00 feet to the Point of Ending,"
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LA-��&NN OS(/ I I IV
CERTIFICATION: o "''�;`^o •-� F
I hereby certify that this plat is in accordance with a "ENNETHD'
survey, made by me or under my direct personal supervision, in JANSSEN 11
September, 1988; at the request of Darrel Weber, City of Ames, 136
Electrical Administration, 502 Carroll Avenue, Ames, Iowa 5001 I
I !
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I
Kenneth D. Janss IVP.E., L.S. I i
III
li
STORM
von/�•/
4( rNW:Corner
f STREET
EASEMENT PLAT
West Line of
qLots 2 k 3
IOWA STATE UNIVERSITY Ion 1 I
o LOT 3
to .k�i t
CITY of AMES 1 `",,
'1 LOT 2 m
POINT of
BEGINNING --___..__...._.._. Cr
7.50' _a
S89'35'15'W
LOT 1 0'
BOOK. PAGE �`"°�aPLUO
,. EP-File #88017 September, 1988 Field Book #2 - 88, Page 6 S 1/2 - NW 1/4 Section 9 - 83 - 24
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