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Home My WebLink About~Master - Bicycle Path - Iowa State University - Elwood Drive Pasture INST.NO.0 16 814 / k°ETn1t TO: STORY COUNTY, IOWA FILED FOR RECORD I � D Ass CITY cT.F.RK NOV3 0 2001 PM �-BOX sl1 AMES IOWA 50010 fie ) 8USAN L VANDE KAMP,RecordersvA_ Fiiii.FU L 1.WauD.FEE$ — DO NOT WRITE IN THE SPACE ABOVE THIS LINE,RESERVED FOR RECORDER Prepared by: Jobn R.K1aus,.City of Ames Legal Department,515 Clark,Ames,Iowa 50010(Phone: 515-239-5146) ISU Vice President for Business and Finance 125 Beardshear Hall 515-294-6162 CITY OF AMES—BICYCLE PATH EASEMENT-ELWOOD DRIVE 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: NW Fr '/4, Section 3-83-24; E1/2 of NE Fr '/4, Section 4-83-24; E '/z of SW '/4, Section 3- 83-24 NOW THEREFORE, the Board of Regents, State of Iowa, pursuant to Code of Iowa § [or use word "Section"] 262.67, on behalf 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 City of Ames — Bicycle Path Easement Iowa State University, 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 twenty (20) feet in width beginning at a point approximately six hundred (600) feet east of the intersection of Elwood Drive and Lincoln Way under the mid point of the Squaw Creek bridge, in meandering alignment to the north-northwest approximately one thousand one hundred (1,100) feet to the crossing of College Creek, approximately two hundred(200) feet east of the center line of Elwood Drive at College Creek, from that point meandering approximately one thousand (1,000) feet north-northeast to the abandoned railroad bed, then west approximately six hundred (600) feet and north approximately one hundred (100) feet to tie into the existing 6`"Street bike path. (Exhibit A attached) 2. Use: Said premises shall be used by the Grantee for the purpose of constructing, reconstruction, operating, maintaining, repairing and supervising public use of a bicycle path 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. ISU Vice President for Business and Finance 125 Beardshear Hall 515-294-6162 CITY OF AMES —BICYCLE PATH EASEMENT-ELWOOD DRIVE 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. 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, 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. Relocation: In the event the Grantor requests a relocation of said bicycle path, exclusive of the bridge, 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 bicycle path, exclusive of the bridge, to some other suitable location to be provided by the Grantor, the actual cost of relocation,not to exceed the depreciated value of the bicycle path, exclusive of the bridge, at said time as mutually agreed upon by both parties, assuming a useful life of twenty (20) years, to be paid by Grantor, provided that after twenty (20) years from the date of this Agreement the liability of Grantor for the cost of relocation shall terminate. During 30 years any relocation will connect to a bridge being constructed by the City of Ames as part of this easement. 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. Grantee will assure Iowa State University students and staff shall have the same access to the bike path as the general public. 10. Duration: This easement is granted and all rights hereunder shall endure for as long as the Grantee continues to use the same for bicycle path. Whenever said use shall be discontinued, all rights granted herein shall terminate and revert to the Grantor. ISU Vice President for Business and Finance 125 Beardshear Hall 515-294-6162 CITY OF AMES —BICYCLE PATH EASEMENT-ELWOOD DRIVE 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. 12. Miscellaneous a. Bike path shall be eight(8) feet wide with two (2) foot wide shoulders. Path shall be surfaced with a minimum of 3" thickness of asphalt. Path includes construction of pedestrian bridge over College Creek. All development and construction shall be performed by employees of the City or contractors contracted by the City. b. The City shall bear the entire cost of designing, constructing and maintaining the bicycle path. c. The City agrees to maintain said bicycle path and make the necessary improvements to keep the path in good and safe condition. The design, alignment and maintenance of the path shall meet the approval of the University. City shall have the reasonable right to trim brush and branches to reduce hazards and maintain sight lines for users. d. The City will cooperate with the university in developing a savanna prairie environment, in proximity to the bicycle path. e. The City will provide police service as needed for the bicycle path and surrounding corridor. f. The City agrees to remove the path,regrade the site and replant the site upon termination of this easement. 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. P � � ISU Vice President for ` Business and Finance 125 Beardshear Hall 515-294-6162 CITY OF AMES—BICYCLE PATH EASEMENT-ELWOOD DRIVE IN WITNESS WHEREOF, the Grantor has caused this instrument to be duly executed by its lawfully designated officials this day of rj 5200( . Board of ent , S to of Iowa By Ro ert J. arak Executiv Director State of Iowa County of Polk ss. On this�-�—day of ,20 ,before me, the undersigned, a Notary Public in and for the State of Iovfa, 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 authorize o execute this ins. ment by vote of the Board of Regents, State of Iowa at its meeting a L— day of , 2091, and that the execution of this instrument is a voluntary act and deed the Board of Regents, State of Iowa and of the executive director. ' CAROLYN D.CARTER Notary Pub c in and for Said Co ty g Commission Number 1eM My Commission expires: 7i3�b , my comm. ow Exp.�•23.'� . . ISU Vice President for Business and Finance 125 Beardshear Hall 515-294-6162 CITY OF AMES—BICYCLE PATH EASEMENT-ELWOOD DRIVE Executive C cil State of Se r a to of Iowa County of Palk ss. On this day , 200�,before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared a member of the Executive Council of 4Eutive t e ers nally known, who, being by me duly sworn, did say that (he/she) is that the instrum t, as 'gne be alf of and by the authority of the Council of Iowa, and that ,v was authorized toecute this i m nt by a vote of the Executive Cco6ncil of Iowa at its meeting on IA—r day of 20 0"[, and the execution of this instrument is a voluntary act and deed of the Ex ecu e Council of Iowa and its members. Notary Public in and for Said County ��ZZ �� My Commission expires: � � EWE F° By Mayor. County of Story ss. On this Q fcl day of U,S+ ,2001 ,before me,Ihe and rsigned,a notary public in and for said County in said tate,personally appeared I T�CSC0 M ok-q 0 y-o f AvyICS ,known to me and who executed the foregoing document and who acknowledged that he/she executed the same as a voluntary act deed. YJOAL DIANE R MOSS Notary Public in and for Said County i� COMMISSlO J# 134019 My commission expires: _01I0 a A#YCOJVIMJ IR S IOWA I07-0 Bigc1e Path Fa=.t-E1.wd Drive r City of Ames - Bicycle Path Easement ' w Exhibit A rVIZ x ` gJ.z tea, •�� •� VL :.a it; �..ti� ..� _ , �"`'fir 1 `�a.' 'a"�• '3�_i g� _ _ :.v�f :;fir'�� .'�` '+• i�� Vk s .. t rift rrr pew It At .. 'F �'" .. f l': �� : � �� "F'i � rl� V}� ;/1•'.fix� j �4- • � fir" 'A) n •