HomeMy WebLinkAbout~Master - EAS - Electric Easement - Reiman Horticulture Gardens 1
00 - 1 1 772
INST.NO.
IORY COUNTY, OWA
20 FILED FOR RECORD M
ISU Vice President for \6"AM OCT 19 2000 W D
Business and Finance D
125 Beardshear Hall SUSAN L.VANDE KAMP,Recorders
515-294-6162 REC.FEE L T—FAUD.FEE$___.___
CITY OF AMES-ELECTRIC EASEMENT-REIMAN HORTICULTURE GARDENS
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 Southwest corner of the Southwest '/4 of Section 10 - T83N-R24W of the 5th P.M., located
in the City of Ames, Story County, Iowa
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 following non exclusive City of
Ames-Electric Easement-Reiman Horticulture Gardens subject to these terms, covenants and conditions,
to-wit:
1. Location: A strip of land 10 feet wide located in the SW1/4 of Section 10, T83N, R24W of
the 5 h P.M., in the City of Ames, Story County, Iowa. Said strip of land is centered upon
and runs the length of a line described per attached Exhibit"A"as follows:
Commencing at the SW corner of Section 10; Thence North along the West line of said
SW1/4 of Section 10 to the North right-of-way line of Elwood Drive; thence Northeasterly
along said North right-of-way line to a point 52 feet East of the West line of said SW1/4 of
Section 10 to the Point of Beginning; Thence N01°05'35"W, 461.00 feet to the Terminus
Point of said line (North line of Gateway Hills—Plat 3).
hereinafter"Property".
2. Use: Said premises shall be used by the Grantee for the purpose of operating, maintaining
and repairing an existing aerial 13,800 volt electric system and other related facilities
including tree trimming and all appurtenances required therefore, together with the right of
ingress thereto, and for no other purpose.
3. Access: Grantee's entrance upon the Grantor's property for the purpose of servicing said
electric facilities 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.
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
property for other purposes.
CITY OF AMES-ELECTRIC EASEMENT-REIMAN HORTICULTURE GARDENS
5. Tree Trimming: Grantee shall complete trimming of trees under and adjacent to the aerial
13,800 volt electric system to prevent interference's between trees and the electrical system.
Grantor reserves the right to direct the tree trimming operations to maintain horticulture
value and shape to the affected trees. The actual cost of trimming and disposal of removed
trimmings shall be paid by the Grantee.
6. Utilities Crossings: 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.
7. Liabili : Grantee covenants to indemn&y 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, resulting from the failure to use due care in the exercise of rights granted by this
easement. Any parts of said Grantors premises including but not limited to crops, fences,
walkways, plants, and turf, outside of the reasonable route of access, damaged in the course
thereof shall be promptly replaced,restored or compensated for by the Grantee, and any turf,
sod or walkways of Grantors premises inside the reasonable route of access or the easement,
damaged in the course thereof shall be promptly replaced,restored or compensated for by the
Grantee.
8. 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.
9. Relocation: In the event the Grantor requests a relocation of said existing 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
to be paid by Grantor.
10. Consideration: The consideration for this grant is the fact that the existing facilities 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 maintained within this easement shall be assessed
or charged to the Grantor.
11. Duration: This easement is granted and all rights hereunder shall endure for so long as the
Grantee continues to use the same for a single circuit aerial 13,800 volt electric facilities.
Whenever said use shall be discontinued, all rights granted herein shall terminate and revert
to the Grantor.
12. 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.
00 " 1 1 772 (2)
CITY OF AMES-ELECTRIC EASEMENT-REIMAN HORTICULTURE GARDENS
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 submit a written plan to meet compliance within thirty (30)
calendar days or comply fully as obligated herein within ninety (90) calendar days 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 property.
00 - 11772 (3)
CITY OF AMES-ELECTRIC EASEMENT-REIMAN HORTICULTURE GARDENS
IN WITNESS WHEREOF, the Grantor has caused this instrument to be duly executed by its lawfully
designated officials this_R�*day of , 200-n.
State Board of Regents
By
Frank tork
Executive Director
State of Iowa
County of Polk ss.
On this �0 day of / , 20 A9,before me, the undersigned, a Notary Public
in and for the State of Iowa, pe7rs-oTrally 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 Frank J. Stork, that the instrument
was signed on behalf of and by the authority of the Board of Regents and that Frank J. ork was
auth=' t ecute this instrument by vote of the Board of Regents at its meeting on MO--day of
20 , and that the execution of this instrument is a voluntary act and deed of the
Board of R is and of the executive director.
�AV 6 041L*
Notary Pulgic in and for Said#11
o�My Commission expires: !
Executive Council
State of Io
S cret-
State of Iowa
County of Polk ss.
On this I 'day of �be�( , 2000 before me, the undersigned, a Notary Public
in and for the State of Iowa, personally appeared a member of the Executive Council, of Iowa, to me
personally known,who,being by me duly sworn,did say that(he/she) is A. I Jykese� ,that the
i strument was signed on behalf of and by the authority of the Executive Council of Iowa, and that
was authorized to execute this instrument by a vote of the Executive Council of
Iowa at its meeting on Jj�t day of SC'pIftb," , 20g�j and the execution of this instrument
is a voluntary act and deed of the Executive Council of Iowa and its members.
�� ��N SINCLAIR
^'d EXPIRES
ota Public in and or Said County
My commission expires: ZZ
00 — 1772 (at)
CITY OF AMES-ELECTRIC EASEMENT-REIMAN HORTICULTURE GARDENS
City of s
i
By .4 By �t alJVt1) z
T d Tedesco Diane Voss
Mayor City Clerk
�,• '°"'fii`,p�f yid*';�� ��,- ¢ r,.
mA
J:
STATE OF IOWA
COUNTY OF STORY
On this 93401 day of , 2000,before me, a Notary Public in and for the State of Iowa,
personally appeared Ted Tedesco aia Diane R. Voss, 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. DU R adopted by the City Council on the 23 _ day of
2000, and that Ted Tedesco and Diane R. Voss acknowledged the execution of the instrument be
their voluntary act and deed and the voluntary act and deed of the corporation,by it voluntarily executed.
Notary Public in an or wW a
Story County,Iowa
Goy ,�yo 3-17-0,54
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SW CORNER
SECTION 10-83-24
FOUND 'X' IN CONCRETE
OVERHEAD ELECTRIC LINE EASEMENT
A STRIP OF LAND 10 FEET WIDE LOCATED IN THE SW1/4 OF SECTION 10, T83N, R24W OF
THE 5TH P.M., IN THE CITY OF AMES, STORY COUNTY, IOWA. SAID STRIP OF LAND IS CENTERED
UPON AND RUNS THE LENGTH OF A LINE DESCRIBED AS FOLLOWS:
COMMENCING AT THE SW CORNER OF SECTION 10; THENCE NORTH ALONG THE WEST LINE OF SAID
SW1/4 OF SECTION 10 TO THE NORTH RIGHT—OF—WAY LINE OF ELWOOD DRIVE; THENCE NORTHEASTERLY
ALONG SAID NORTH RIGHT—OF—WAY LINE TO A POINT 52 FEET EAST OF THE WEST LINE OF SAID
SW1/4 OF SECTION 10 TO THE POINT OF BEGINNING; THENCE N01'05'35"W, 461.00 FEET TO THE
TERMINUS POINT OF SAID LINE (NORTH LINE OF GATEWAY HILLS —PLAT 3)
I
OWNER: STATE OF IOWA, CARE OF IOWA STATE UNIVERSITY
BEARDSHEAR HALL, AMES, IOWA 50011
EXHIBIT A
PERMANENT UTILITY
EASEMENT PLAT ENGINEERING
SW1/4 OF SECTION 10, AMES, IOWA
T83N, R24W OF THE 5TH P.M., DRAWN SHEET NO.
IN THE CITY OF AMES,
p p 1 1 772 t 6) STORY COUNTY, IOWA DATE P.N.
/ 5 17 99 109-99C