HomeMy WebLinkAbout~Master - Utility - Iowa State University AMES, CITY OF-EASEMENT FOR UTILITY EXTENSIONS TO
BUS MAINTENANCE AND STORAGE FACILITY-83-1
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:
Adjacent to Sixth Street between Elwood Drive and Wallace Road in Section 3,
T83N, R24W, City of Ames, Story County, Iowa as per attached plats.
NOW THEREFORE, the Iowa State Board of Regents 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 Ames, City of-Easement
for Utility .Extensions to Bus, Maintenance and Storage Facility-83-1, 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 10' in width beginning at a point 1,085.65' west and
1,690.7,5' north of the southeast corner SW%a Section 3, T83N, R24W (said
point being .the southeast corner of Bus Maintenance and Storage Facility
leased property),'and running thence southeast 32.0', thence east 29.01. All
located in the SWY4 of Section 3, T83N, R24W of the 5th P.M., in the City of
Ames, Story. County, Iowa, and containing 0.014 acres, as per attached Plat
A.
Also a two foot wide utility easement beginning at a point 13 feet south of
the centerline of 6th Street and on the west line of the Bus Maintenance and
Storage Facility leased property, thence 898 feet west along a line 13 feet
south of the centerline of 6th Street; all located in the southwest quarter of
Section 3, T83N, R24W, of the 5th P.M., in the City of Ames, Story County,
Iowa, and containing 0.04 acres, as per attached Plat B.
Also a water main easement five feet on either side beginning at a point 557
feet west of the centerline of Haber Road and 35 feet north of the
centerline of Sixth Street paving, thence south five feet, thence southeast
14 feet to a point 20 feet north of the centerline of Sixth Street paving,
thence 459 feet east, thence northeast 30 feet to a point 40 feet north of
the centerline of Sixth Street paving, thence east 90 feet, thence southeast
30 feet to a point 20 feet north of the centerline of Sixth Street paving and
44 feet east of the centerline of Haber Road paving, thence east 494 feet,
thence south 82 feet, thence southeast 41 feet, thence east 241 feet to a
point 81 feet south of the centerline of Sixth Street and on the west line of
the Bus Maintenance and Storage Facility leased property; all located in the
southwest quarter, Section 3, T83N, R24W of the 5th P.M., in the City of
Ames, Story County, Iowa, and containing 0.34 acres, as per attached Plat
C.
2. Use: Said premises shall be used by the Grantee for the purpose of
constructing, reconstructing, operating, maintaining and repairing the utility
extensions to the Bus Maintenance and Storage Facility, including all
appurtenances required therefore, together with the right of ingress thereto,
and for no other purpose.
AMES, CITY OF-EASEMENT FOR UTILITY EXTENSIONS TO
BUS MAINTENANCE AND STORAGE FACILITY-83-1
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. Rights 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 reloction 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 utility extensions to
the Bus Maintenance and Storage Facility. Whenever said use shall be
discontinued, all rights granted herein shall terminate and revert to the
Grantor.
-2-
AMES, CITY OF-EASEMENT FOR UTILITY EXTENSIONS TO
BUS MAINTENANCE AND STORAGE FACILITY-83-1
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.
IN WITNESS WHEREOF, the Grantor�a�s�caused th' instrument to be duly executed by
its lawfully designated officials this I— day of 1983.
State Board of Regents
B/Oxecu*tivecir
Aary 4
State of Iowa
)ss:
County of Polk )
On this all day of , A.D. 19�. before me, the undersigned,
a notary public in and for sai Cou ty in said State, personally appeared r
Executive Secretary of the State Board of Regents, known
to me and who executed he foregoing document and who acknowledged that he/she
executed the same as a voluntary act and deed.
r
tary Public in and for Sai� �ou
My commission expires:
-3-
AMES, CITY OF-EASEMENT FOR UTILITY EXTENSIONS TO
BUS MAINTENANCE AND STORAGE FACILITY-83-1
Executi a Cpunp
State o
By
ecretary
State of Iowa )
)ss:
County of Polk )
On this day of A.D. 19� before me, the undersigned,
anotroublic in ano for said County in said State, personally appeared
, Secretary of the State Executive Council, known to me and
who executed the foregoing document and who acknowledged that he/she executed the
_t- a; a- luntary act and deed.
ROBERT G. EARLE
* MY COMMISSION EXPIRES
too SEPiEMBER
Notary P is in and for Said County Approv d as to form
My commission expires: ,�� yam,qFG by �
14, ell"ell"J neKlaus, City Attorney
City of
By
Mayor
State of Iowa )
)ss:
County of )
On this 19'�4-1 day of � A.D. 19Y3, before me, the
Uersi ned, a notary public in and or s id County in said State, personally appeared
11 , , known to me and who
executed the foregoing d$ury@nt and fo, cknowledged that he/she executed the
same as a voluntary act and deed.
otary Public kh a rtq
for SaidCounty
My commission expires: 7-/34!k
-4-
UTILITY ,
EASEMENT A
PLAT
CITY OF AMES, IOWA ENGINEERING DEPARTMENT
DATE
N
OWNER : IOWA STATE UNIVERSITY
S. E. CO R. OF
Bus Maintenance and
Storage Facility ! SCALE•1'= io'
\ R 1 R A EPU
2
'0' \
\� TRANSFORMER
\� Box
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A permanent eastement 10' in width centered on a line more particularly described
as follows :
Beginning at a point 1,085. 65' west and 1,690. 75' north of the southeast corner
Sw� Section 3-T83N-R24W (said point being the southeast corner of the Bus Maintenance
and Storage Facility leased property) and running thence southeast 32.0` , thence east
29.0' . All located in the SW� of Section 3 - T83N-R24W of the 5th P.M. , in the
City of Ames, Story County, Iowa, and containing 0.014 acres.
Ilk
Gerald A. Westwick
RLS 3515
RECORDED:
BOOK
PAGE
- -- - - - --- -5- DATE
UTILITY EASEMENT B
PLAT
CITY OF AMES, IOWA ENGINEERING DEPARTMENT
DAT E x
OWNER : STATE OF IOWA
SCALE
Cv
8g8, 81KEpaT
H
\
STATE OF
IOWA Bus Maintenance and
Storage Facility
A 2 foot wide Utility Easement centered on a line described as follows :
Beginning at a point 13 feet south of the centerline of 6th Street and on the west
line of the Bus Maintenance and Storage Facility leased property, thence 898 feet
west along a line 13 feet south of the centerline of 6th Street; all located in
the southwest quarter of Section 3, T83N R24w, of the 5th P.M. , in the City of
Ames, Story County, Iowa , and containing 0.04 acres.
Gerald A. Westwick
RLS 3515
RECORDED:
BOOK
DATE : JULY 7, 1983 -6- nATc
WATER MAIN C
EASEMENT '
PLAT
CITY OF AMES, IOWA ENGINEERING DEPARTMENT
DATE
H
OWNER: STATE OF IOWA
I W
s
SIX
NO SCALE
� e
Bus Maintenance
Y4' and Storage Facilit
A water main easement five feet on either side of a line described as follows:
Beginning at a point 557 feet West of the centerline of Haber Road and 35 feet
north of the centerline of Sixth Street paving, thence south five feet, thence
southeast 14 feet to a point 20 feet north of the centerline of Sixth - Street
paving, thence 459 feet east, thence northeast 30 feet to a point 40 feet north
of the centerline of Sixth Street paving, thence east 90 feet, thence southeast
30 feet to a point 20 feet north of the centerline of Sixth Street Paving and 44
feet east of the centerline of Haber Road paving, thence east 494 feet, thence
south 82 feet, thence southeast 41 feet, thence east 241 feet to a point 81 feet
south of the centerline of Sixth Street and on the west line of the Bus Maintenance
and Storage Facility leased property; all located in the southwest quarter, Section
3, T63N R24W of the 5th P.M., in the City of Ames, Story County, Iowa, and containing
0.34 acres.
���'�J7'�'�s✓"2/lam/ l
i
Gerald A. Westwick
RLS 3515
RECORDED:
BOOK
DATE: JULY 711983 _7_ PAGE
DATE