HomeMy WebLinkAbout~Master - Bicycle and Pedestrian Path - State Board of Regents INST.NO. ' 16 4 5
STORY COUNTY, IO
FILED FOR RECORD
2
RETORT' To: 1p CAM NOV 2 4 1999 R
A14ES CITY CLERK SUSAN L.VANDEJSAMP Recorder S
BOX 811 % REOMINQ FEE$,_
AMES IOWA 50010 AIJORMFU$
DO NOT WRITE IN THE SPACE ABOVE THIS LINE,RESERVED FOR RECORDER
Warren Madden,Vice President for Business and Finance,125 Beardshear Hall,Ames,IA 50011 Phone:515/294-6162
CITY OF AMES-BICYCLE AND PEDESTRIAN PATH EASEMENTS
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:
The west side of Stange Road along the north edge of Veenker Drive
and
The south side of 24' Street along the north edge of Schilletter Village.
NOW THEREFORE, the Iowa State Board of Regents, pursuant to Code of Iowa s 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 City of Ames-Bicycle and
Pedestrian Path Easements, 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 at the SE corner of Lot 8, of the Green First Addition to
Ames, Story County, Iowa; thence East 20 feet to the point of beginning; thence South
45 feet; thence East 17 feet; thence north 45 feet; thence west 17 feet to the point of
beginning, all within the NW 1/4 SE 1/4 Section 33, T84N, R24W of the 5' PM, Ames,
Story County, Iowa, containing 765 square feet as shown in the attached plat,
and
The south 10 feet of the north 43 feet of the west 672 feet of the SE 1/4 NE 1/4, Section
33, T84N, R24W of the 5"' PM, Ames, Story County, Iowa, containing 0.154 acres,
more or less as shown in the attached plat.
2. Use: Said premises shall be used by the Grantee for the purpose of Constructing,
reconstruction, operating, maintaining and repairing bicycle and pedestrian path, including
all appurtenances required therefore,together with the right of ingress thereto, and for no
other purpose. The Grantee agrees that said path shall not be more than eight(8)feet wide.
The City shall bear the entire cost of designing, constructing and maintaining the path. The
City will not pay Owners any compensation for use of this path other than the covenants
which form this Agreement. The City will pay for all costs of filing this document.
City agrees to maintain said path and make the necessary improvements to keep the path in
good and safe condition. The design and maintenance of the path shall meet the approval
of Owners.
CITY OF AMES-BICYCLE AND PEDESTRIAN PATH EASEMENTS
3. Access: Grantee's entrance upon the Grantor's premises for the purpose of construction on
or servicing said easements, 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 tracts in such manner as not to interfere with Grantee's facilities installed
hereunder.
6. Liabili : Grantee covenants to defend, 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 as a result of the Grantee's construction,
reconstruction, operating, maintaining and repairing the bicycle and pedestrian paths
herein. 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 these easements 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 easements
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 five (5) years, to be paid by Grantor, provided that after
five (5) 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
these easements shall be assessed or charged to the Grantor.
99- 15 645 ( 2)
CITY OF AMES-BICYCLE AND PEDESTRIAN PATH EASEMENTS
10. Duration: These easements are granted and all rights hereunder shall endure for so long as
the Grantee continues to use the same for bicycle and pedestrian path. 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.
09- 15645 ( 3 )
CITY OF AMES-BICYCLE AND PEDESTRIAN PATH EASEMENTS
IN WITNESS WHEREOF, the Grantor has caused this instrument to be duly executed by its lawfully
designated officials this /310,day of D9C4z . , 19
State Board of Regents
By �
Frank J. Stor
Executive Director
State of Iowa
County of Polk ss.
On this 1,0 day of , 19*, before me, the undersigned, a Notary Public
in and for the State of Iowa, personally apkared the executive director of the Iowa Board of Regents,to
me personally known, who being by me duly sworn, did say that he is Frank J. Stork, that the instrument
was signed on behalf of and by the authority of the Board of Regents and that Frank J. §tork was
au on ed to execute this instrument by vote of the Board of Regents at its meeting on�� day of
, 19fi-, and that the execution of this instrument is a voluntary act and deed of the
Boa d of Regents and of the executive director.
Notary Pu c in and for Said ouY
My Commission expires: 7/ 1
Executive Council
State of
O�
tcr
of Iowa
County of Polk ss.
On this S day of C1e1(.�, , 19 UU
before me, the undersigned, a Notary Public
in and for the State of Iowa, personally appeared a member of the Exec tive Council, of Iowa, to me
personally known, who, being by me duly sworn, did say that(he/she) is ,that the
instrument was signed on behalf of and by the authority of the Executive Council of Iokva, and that
as authorized to execute this instrument y a vote of the Executive Council of
Io a at its meeting on_ �S-'-day ofC,L�� , 19 and the execution of this instrument
voluntary act and deed of the Executive Council of Iowa and rts members.
N
DARLENE NAIR
otary Public in and for Said County MY COMM1$SI�NES
My commission expires: IOWA 0— aa�� dd c�
99- 15 64 5 Lt)
CITY OF AMES-BICYCLE AND PEDESTRIAN PATH EASEMENTS
City of A owa
By ��`
Ted Tedesco,Mayor
State of Iowa
U ntypf ,Story ss.
a +
i„a"'y. •,
'&a'r",tees '�., w'�' e` M.tt •-''x ,�
, i111ipperger, City Cldik
"'State of Iowa
County of Story ss.
On this /,:3� day of / , 1911K, before me, the undersigned, a Notary
Public in and for said County in said State, personally appeared Ted Tedesco and Jill Ripperger, to me
personally known, and, 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. -SOfadopted by the
City Council on the 3�'' day of ®� , 19 , and that Ted Tedesco and Jill
Ripperger 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 and for Said County
My commission expires: /.A•A 3.pa
&,O`& KAREN C.THOMPSON
IM
MvMISSI�f�F)(pIRES
APPROVED AS TO Fc^H'•,'
BY szr
John R. us
City Attornev
99- 15 64 5 �s)
b I ICE PATH H EA.-E MEN
CITY OF AMES . IOWA PUR! I C. WORKS DEPAP,I IMEN T N
DATE
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DESCRIPTION:
COMMENCING AT THE SE CORNER OF LOT 3, OF THE GREEN FIRST ADDITION TO AMES, STORY
CO. IOWA; THENCE E.�ST 20 FEET TO THE POINT OF 'BEGINNING. THENCE SOUTH 45 FEET; THENCE
EAST 17 FEET THENCE NORT i "5 FEET; T:-EiJC� WE T 17 F i TO THE POINT OF 3EGINNING.
ALL WITHIN THE NV/4 SE'/4 SECTION 33, T84N, R2�W OF THE 5TH PM, AMES, STORY COUNTY,
IOWA.
CONT1411NING 765 SOUARE FEET.
RECORDED :
INSTRUMENT NO. :
DATE:
05-33-400-000
99 15645