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Home My WebLink About~Master - Utility - Iowa State University - State Avenue and Mortensen Road 01 - 15401 RETURN TO: INST.NO. STORY COUNTY,IOWA AMES CITY CLERK FILED FOR RECORD ,aQ pA / D BOX 811 AK Nov 0 7 2001 PM AMES IOWA 50010 (ENV) GNSAN L»VANDE KAMP,Recorder5.lti FMFS CIL,:E D.FEE; DO NOT WRITE IN THE SPACE ABOVE THIS LINE,RESERVED FOR RECORDER Prepared by:John Klaus,Ames City Attorney,515 Clark,Ames,lA 50010 Phone:515/239-5146 IS Vice President for Business and Finance 125 Beardshear Hall 515-294-6162 City of Ames-Utility Easement-State Avenue and Mortenson Road at Iowa State 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 Board of Regents, State of Iowa to-wit: SW '/4 of the SW '/4 of Section 9, Township 83 North, Range 24 West of the 5th P.M. Story County,Iowa NOW THEREFORE, the Board of Regents, State of Iowa 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, Iowa (hereinafter referred to as the Grantee), the following Utility Easement, 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 described as follows: The North 408 ft. of the West 385 ft. of the SW '/4 of the SW '/4 of Section 9, Township 83 North, Range 24 West of the 5th P.M., Story County, Iowa, less road right-of-way, and containing approximately 2.80 acres 2. Use: Said premises shall be used by the Grantee for the purpose of constructing, reconstructing, operating, maintaining and repairing Water Pumping Station, Water Storage Facility, and Electric Substation, including 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 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, TSU.Vice President for Business and Finance 125 Beardshear Hall 515-294-6162 City of Ames-Utility Easement-State Avenue and Mortenson Road at Iowa State 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. 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. Consideration: The consideration for this grant is the fact that the facilities existing and to be constructed also serve the requirements of facilities existing or 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, except as provided by service agreement, utility charges, or mutual agreement. 9. Duration: This easement is granted and all rights hereunder shall endure so long as the Grantee continues to use the same for those uses specified in No. 2 above. Whenever said use shall be discontinued, all rights granted herein shall terminate and revert to the Grantor. In the event Grantee discontinues the operation and maintenance of any facilities, if requested by the Grantor will promptly remove said facilities from the location herein described. 10. Assigned Prohibited: This ant is to the Grantee only and tm grant y n cannot be assigned in whole or part to any other party without written consent of the Grantor. 11. Upon its becoming effective, this easement will replace an earlier easement titled "Easement for Electric Sub-Station State Avenue and Mortenson" dated June 25 1970 which shall then terminate. 12. Other Conditions: a. Grantor shall provide a site landscaping plan around the Water Pumping Station and Water Storage Facility for Grantee consideration. The landscaping materials and plan shall consist of minimum maintenance species whose height and root system do not interfere or infringe on Grantee's facilities installed/constructed. The estimated installation cost is$7,500 to$10,000. b. Grantor shall review and approve the color and lettering schemes for the elevated water tank. Said color and letteringschemes shall be similar to existing istm Grantee g facilities or a mutually agreeable alternative scheme. Grantor shall not unreasonably withhold their approval. c. The elevated water tank shall either be of the style commonly referred to as a single- fluted column, a pedestal column spherical, or another style mutually agreed on by both parties. ISU•Vice President for Business and Finance 125 Beardshear Hall 515-294-6162 City of Ames-Utility Easement-State Avenue and Mortenson Road at Iowa State IN WITNESS WHEREOF, the Grantor has caused this instrument to be duly executed by its lawfully designated officials this It" day of 5f j±, , 206[ . Board of Reg nts, State of owa By Rob rt J. Bara Executive Director State of Iowa County of Polk ss. On this W day of A- 20 , before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared the executive director of the Board of Regents, State of Iowa, to me personally known, who being by me duly sworn, did say that he is Robert J. Barak that the instrument was signed on behalf of and by the authority of the Board of Regents, State of Iowa and that Robert J. Barak was authorized to execute this instrument by vote of the Board of Regents, State of Iowa at its meeting on day of 914 , 2061, and that the execution of this instrument is a voluntary act and deed of the Board f Regents, State of Iowa and of the executive director. Notary ubli in and for Said Coun eZ% CAROLYNO.M.-� M Commission expires: � � Cann MgLM r Y P ��z��a3 MYComm.�,.�2:, I pale ISU Vice President for Business and Finance 125 Beardshear Hall 515-294-6162 City of Ames-Utility Easement-State Avenue and Mortenson Road at Iowa State Executive Co cil State of I i Se ret L tate of Iowa County of Polk ss. On this day o , 20e//, before me, the undersigned, a Notary Public in and for the State of Iowa, p rsonally appeared a member of the Exe ve Council, of I-wa, to me personally known, who,being by me duly sworn, did say that(he/she) is ,v , that the i pment was si ed on behalf of and by the authority of the Executiv ouncil of Iowa, and that 41 was authorized to execute this instrument by a vote of the Executive Council of Iowa at its meeting on '�day Qf::E� , 20gL, and the execution of this instrument is a voluntary act and deed of the Ex c tAve Council of Iowa and its members. �r Y�JcL 6 Notary Public in and for Said County My commission expires: iL1?2- C3 KARE SINCLAIR *' Myf COMMISSION EXPIRES (Oct e ISU Vice President for Business and Finance 125 Beardshear Hall 515-294-6162 City of Ames-Utility Easement-State Avenue and Mortenson Road at Iowa State City4Tedede�sco Iowa By Mayor State of Iowa County of Story ss. On this 14*'91 day of , 2001 ,before me, the undersigned, a notary public in and for said County in said State,pers &ally appeared TP e,5 CO , /�1 , known to me and who executed the foregoing document and who acknowledied that he/she executed the same as a voluntary act deed. Notary Public in and for Said County 6%Ak s� DIANE R. VOSS My commission expires: I I —4-7 —as Z COMMISS10"'I i s,019 MY COMMISS1-;i Iowa _� I P�e- S ' City Clerk's Office 515 Clark Avenue,P. 0.Box 811 Ames,IA 50010 (:wing PeoJ�(e Quality Programs Phone: 515-239-5105 Fxceplinrw(tirr nce Fax: 515-239-5142 November 5, 2001 STATE OF IOWA COUNTY OF STORY CITY OF AMES I, Diane Voss, duly appointed, qualified, and acting City Clerk of the City of Ames, Iowa, do hereby certify that the attached document is a true and accurate copy of the City of Ames Utility Easement at State Avenue and Mortensen Road granted by Iowa State University. IN WITNESS WHEREOF,I have hereunto set my hand and affixed the corporate seal of the City of Ames,Iowa,this 5th day of November, 2001. I City Clerk AL) k"rIo ( a raw �c�q e �o