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Home My WebLink About~Master - EAS - Domestic Water Easement - Reiman Horticulture Gardens 00 - 1 1 773 / INST.NO. / STORY COUNTY,IOWA V*'' FILED FOR RECORD M ISU Vice President for ° AM OCT 19 2000 iW Business and Finance SUS L VANDE KAMP,Recorder 5NY-1 125 Beardshear Hall I=.FEE 3� L 2!AUD.FEE$ 515-294-6162 CITY OF AMES-DOMESTIC WATER 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 and The Southeast corner of the Southeast 1/4 of Section 9 -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-Domestic Water 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 SW 1/4 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 16 feet East of the West line of said SW1/4 of Section 10 to the Point of Beginning; Thence N01023'47"E, 273.14 feet; Thence N00030'47"E, 111.62 feet to the Terminus Point of said line. and 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 16 feet East of the West line of said SWIA of Section 10; Thence N01°23'47"E, 273.14 feet to the Point of Beginning; Thence N63034'51"W,47.87 feet to the Terminus Point of said line. . hereinafter"Property". 2. Use: Said property shall be used by the Grantee for the purpose of operating, maintaining and repairing a domestic water pipeline, including all appurtenances required therefore, together with the right of ingress thereto, and for no other purpose. t CITY OF AMES-DOMESTIC WATER EASEMENT-REIMAN HORTICULTURE GARDENS 3. Access: Grantee's entrance upon the Grantor's property for the purpose of construction on or servicing said domestic water pipeline, 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. 5. 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. 6. Liabili : 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, resulting from the failure to use due care in the exercise of rights granted by this easement. Any parts of 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. 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 provided however that no permanent structures shall be constructed within the easement area. 8. 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. 9. 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. 10. Duration: This easement is granted and all rights hereunder shall endure for so long as the Grantee continues to use the same for a domestic water pipeline. Whenever said use shall be discontinued, all rights granted herein shall terminate and revert to the Grantor. 11. 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 - 11773 CZ-) CITY OF AMES-DOMESTIC WATER 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 - 11773 C3) ' 1 CITY OF AMES-DOMESTIC WATER EASEMENT-REIMAN HORTICULTURE GARDENS IN WITNESS WHEREOF, the Grantor has caused this instrument to be duly executed by its lawfully designated officials this eK day of ,20 dO. State Board of Regents By Frank . Stor1 Executive Director State of Iowa County of Polk ss. Yd , 20 6a, before me, the undersigned, a Notary Public On this 0- day of 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 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 autho =' eto execute this ins ment by vote of the Board of Regents at its meeting on y of 20 and that the execution of this instrument is a voluntary act and deed of the Board of R'g nts and of the executive director. P&olw 6N&F Notary Pu is in and for Said o ty My Commission expires: 2 103 Executive Council State of I y cr State of Iowa County of Polk ss. 44- On this day of ,(} 1e l , 20M_,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 G-. M04 5e n ,that the instrument was signed on behalf of and by the authority of the Executive Council of Iowa, and that AW,((u'n was authorized to execute this instrument by a vote of the Executive Council of Iowa at its meeting on -' day of 20 Cr', and the execution of this instrument is a voluntary act and deed of the Executive Council of Iowa and its members. J�v &4da" i4ot4y Public in and for Said County FO D OSIT N My commission expires: R F TE F ^ KAREN SINC � F.. MY COMMISSION EX 0 0 ` 1 1 773 N) P . 1 CITY OF AMES-DOMESTIC WATER EASEMENT-REIMAN HORTICULTURB GARDENS City of es By r7 BY Ted Tedesco Diane Voss Mayor City Clerk STATE OF IOWA COUNTY OF STORY On this day of , 2000 before me, a Notary Public in and for the State of Iowa, personally appeared Ted Tedesco d 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. 0-o 3 y adopted by the City Council on the_ 3 day of , 2006' and that Ted Tedesco and Diane R. Voss acknowledged the execution of the instrumen to be their voluntary act and deed and the voluntary act and deed of the corporation,by it voluntarily executed. Notary Public in and fo Story County, Iowa 4, 00 - 11773 (s) , s NORTH LINE OF GATEWAY HILLS - PLAT 3 W)MM 1 o too II OF SCALE 1 5�P��PEE VN 11 ,11.62' NOO'30'47"E Po K NE RNER LOT B Ss p0• I HILLS - PLAT 3 ® 6 .�� P //47sT • , / N6Y34'5p'W u' 273.14' / I I ' N01'23'47"E Z° 12004 �o. / i EXISTING 5 /// EASEMENT R 2010 I 10' IDE WATER LINE EASEMENT / GO B 11500 1 �. • 4 92.207.0 50. FT. I I / 10' UTILITY / EASEMENT I +�•1t4B 99.f L-.—-'N9 17 E — 18 j — I NB 4 B5 33' W _ 0 Rc"532.93ft 4. 1 t Rc-42+1.91 �ft 0 14 1 P MORTEN EN'PARKWAY SW CORNER SECTION 10-83-24 FOUND 'X' IN CONCRETE WATER 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 16 FEET EAST OF THE WEST LINE OF SAID SW1/4 OF SECTION 10 TO THE POINT OF BEGINNING; THENCE N01'23'47"E, 273.14 FEET; THENCE N00'30'47"E, 111.62 FEET TO THE TERMINUS POINT OF SAID LINE. AND COMMENCING AT THE SW CORNER OF SECTION 10; THENCE NORTH ALONG THE WEST L NIE OF S!D SW1/4 OF SECTION 10 TO THE 1 NORTH RIGHT—OF^�1—WAY( rLINE OF ELWOOD DRIVE; THENCE NORTHEASTERLY IY ALVV SAID I I I ORTI RIGI-A --VI --Y'iAY LINE TO A P011 I 1 V 1 LGT EAST OF THE WEST LINE OF SAID SW1/4 OF SECTION 10; THENCE N01'23'47"E, 273.14 FEET TO THE POINT OF BEGINNING; THENCE N63'34'51"W, 47.87 FEET TO THE TERMINUS POINT OF SAID LINE. OWNER: STATE OF IOWA, CARE OF IOWA STATE UNIVERSITY BEARDSHEAR HALL, AMES, IOWA 50011 EXHIBIT A PERMANENT UTILITY EASEMENT PLAT, ENGINEERING SW 1/4 OF SECTION 10, AMES, IOWA T83N, R24W OF THE 5TH P.M., P5/17�99 SHEET NO. IN THE CITY OF AMES, 1 O O 1 1 773 N) STORY COUNTY, IOWA AT P.N. 109-99C