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HomeMy WebLinkAbout~Master - Communication Cable - Iowa State University COMMUNICATION. CABLE EASEIIENT CITY OF AMES, IOWA TO IOWA STATE UNIVERSITY WHERFAS, the City of Ames holds title to the following real property located in Ames, Story County, Iowa, which may be legally described as: 1) South 4th Street 5.0' either side of a line described as follows: Commencing at a point on the North line of South 4th Street which is 90.0' east of the centerline of Elwood Drive; thence south 120' to the South line of South 4th Street. 2) Elwood Drive 5.0' either side of a line described as follows: Commencing at a point on the West side of Elwood Drive which is 68.0' south of the centerline of South 4th Street; thence east 160' to the East line of Elwood Drive. 3) Sheldon Avenue 1.5' either side of a line described as follows: Commencing at a point on the East side of Sheldon Avenue which is 32.5' north of the centerline of West Street; thence west 110' . 4) Elwood Drive 5.0' either side of a line described as follows: Commencing at a point on the North line of Elwood Drive, which is 657.01 southwest of the center— lire of South 16th Street; thence southeasterly, perpendicular to the centerline of Elwood Drive, to the South line of Elwood Drive. 5) Lincoln Way 1 .5', either side of a line described as follows: Commencing c g at a point on the North line of Lincoln Way which is 34' east of the centerline of Morrill Road; thence southeasterly to a point 7.0' south of the North line of Lincoln Way; thence east parallel to and 7' south of the North line of Lincoln Way to the West line of Knoll Avenue. 6) Sheldon Avenue 1.5' either side of a line described as follows: Commencing at a point on the South line of Knapp Street, which is 5.0' east of the West line of Sheldon Avenue; thence north to the South Line of Arbor Street parallel el to a 'and 5.0 east of the West line of =Sheldon Avenue on the No rth line of Arbor Street extended; thence north parallel to and 7.0' east of the West line of Sheldon Avenue to a point 373.01 south of the South line of Lincoln Way; thence east 5.0' to an existing pole. NOW THEREFORE, the City of Ames, Iowa, (hereinafter called Grantor) in considera- tion of the payment of One Dollar and other considerations as herein contained, hereby grants unto the State of Iowa, Iowa State Board of Regents , for the use and benefit of Iowa State University the following Communication Cable easement suhject to these terms, covenants and conditions, to-wit: 1. Use. Said premises shall be used by the Grantee for the purpose of construc- ting, reconstructing, operating,Imaintaining and repairing conununication cable including all appurtenances required therefore, together with the right of ingress thereto, and for no other purpose. 2. 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 the City of Ames, Iowa, and any parts of said premises, damaged in the course thereof shall be promptly replaced or restored by the Grantee. 3. 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 . 4. Utilities Crossings . All crossings of existing sewers, water lines, elec- tric lines or other existing facilities shall be according to specifications and details of the engineer or other official of the City of Ames, Iowa, 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. S. Liability. ' Grantee covenants to indemnify and save the Grantor and its officers , employees, harmless from any and all damages arising, directly or indirectly, from the grant of this easement. Damages to crops , fences , or o to its tenants duriu the original construction they property of the Grantor or g and subsequent maintenance, repair and use of the premises granted in this easement shall be promptly compensated for by the Grantee. 6�. Rights 'Reserved. The Grantor reserves to itself 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. 7. Relocation. In the event. the Grantor requests a relocation of said faci- lities and easement, 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. 8. Duration—This easement is granted and all rights hereunder shall endure for so long as the Grantee continues to use the same for Communication Cable. Whenever said use shall be discontinued, all rights granted herein shall terminate and revert to thae Grantor. 9. Assignment 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; theGrantee` 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 WMiEREOF, the Grantor has. caused` this instrument to be duly executed by its lawfully designated officials this day (if ��_,� 1985. GRANTOR CITY OF A11FS, IOW,' Y IL Stever. L. Schainker ATTEST. City Manager. Nancy ibbons�/f City Clerk State of owa ; Cori ty of Story, ss. On this �� day of v,-�.,-� � 1985, before me, the under- signed, a notary' public in and .orrthe State of Iowa , personally appeared F. Paul Goodland and Nancy Gibbons, to me personally known, who being by me duly sworn, did say that they are the tlayor and City Clerk, respectively, of said city; that the seal affixed thereto is the seal of said city; that said instrument was signed and sealed on behalf of said city by authority of its City Cc,ullcii and that the said F. Paul Goodland and Nancy Gibbons, -as such officers , acknowledged the execution of said instrument to be the voluntary act and deed of said city, t-)y it and by them voluntarily executed. . MY E.NRES Notary Public in and for Said Co� ty S-3 My commission a Tres: GRANTEES STATE BOARD OF REGENTS By , Wayne R' ey Executive ecretary State of Iowa , County of Polk, ss .On this 3/� day of 19gJ before me, the under- signed, a notary public in and for said State, personally appeared R. Wayne Richey, Executive Secretary of the State Board of Regents , known to me and who executed the foregoing document and who acknowledged that lie executed the same as a voluntary act and deed. `u�Ljry./ Notary P blic in and for Said County Hy commission expires: 4't' if ULAUVV uv t. i i I i r O i z, C D. cn I , _4 1 D CD } ° O i I-17 I 4186 S '\ - �i 5J4 '►� 1t a ; .. °� E L W 0 0 D � ._ _._D R l V E_.._— 2�7 oS ----....._ _-_ o. r ' I � - — 388.8 IJNP4AT7EO PORTION 'N SUB-LOT I , gHF6AC. m A r 1�1► - lu i I A, i� C R PE E K k A OC �f DRIVE 7642 ' IcLOSEo 56G.3 6 - - 1312 . ._............ ,. -- �P A G E 373 T. 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