HomeMy WebLinkAbout~Master - Bicycle Path - Iowa State University - between Squaw Creek and South 16th Street N
AGREEMENT
This agreement is entered into between the CITY OF AMES, a
municipal corporation, hereinafter referred to as "City", and Iowa State
University, hereinafter referred to as "University";
W I T N E S S E T H :
WHEREAS, the City desires to develop a bicycle path along a portion
of an abandoned railroad right-of-way which was previously used by the
Chicago and Northwestern Transportation Company; and,
WHEREAS, "University" owns land adjoining the right-of-way and
could file a claim to the centerline of sand abandoned railroad
right-of-way pursuant to Iowa Code Section 327G.77(2). The said
right-of-way land is legally described as follows:
See attached plat and description
NOW, THEREFORE, in consideration of the mutual covenants contained
in this Agreement, the parties hereto agree as follows:
I.
University grants to the City permission to develop and use the
said right-of-way land as a bicycle path. City agrees that any such
path shall be not more than an eight (8) foot wide bicycle path with two
(2) foot wide shoulders. Said path shall be surfaced with crushed rock.
All development and construction shall be done by employees of the City
in accordance with a schedule set out by the City.
II.
The City shall bear the entire cost of designing, constructing and
maintaining the bicycle path. The City will not pay University any
compensation for use of this path other than the covenants which form
this Agreement.
III.
The City agrees to indemnify, save and hold harmless University,
its agents, employees, successors and assigns from liability for any
personal injury or death, or property damage of whatsoever kind and
nature which may arise as a consequence of the City' s failure to
exercise due care in the development, construction, operation or
maintenance of said bicycle path. The City shall be responsible for the
entire area of the abandoned rail right-of-way west of its centerline.
IV.
City agrees to maintain said bicycle path and make the necessary
improvements to keep the path in good and safe condition. The design
and maintenance of the path shall meet the approval of University.
. rr
M
V.
University hereby grants permission and authority to the City to
use the right-of-way for a bicycle path and no other purpose except for
any purpose that the parties might agree to. At such time that the City
shall cease to use the property as a bicycle path, it shall be used for
no other purpose by the City unless the City has sufficient title by
virtue of a grant from the COW Transportation Co.
VI.
The parties agree that the bicycle path may be closed temporarily
for construction purposes upon giving of written notice at least 48
hours prior to the time of construction. Upon such request, the City
shall take the necessary precautions, including erection of appropriate
signs and barriers.
VII.
The City will provide police service as needed for the bicycle path
and surrounding corridor.
VIII.
This agreement shall be for a period of ten (10) years from the
date of this agreement. The City shall have the option to renew this
agreement for an additional ten (10) years by written notice to
University at least ninety (90) days prior to expiration of the
agreement.
DATED this 14th day of August 1990.
IOWA STATE BOARD OF REGENTS CITY OF IOWA
By: B
R. Wayne chey Larry R. urt s, Mayor
Executiv Director
IOWA STATE UNIVERSITY
arren Madden, Vice President Nanc Dion City Cle
V�
J
�+r PROPERTY PLAT
LINCOLN WAY
N STATE OF IOWA
DEPT. OF CITY OF
TRANSPORTATION AMES
/
W
I IYI /
I I lol
U
SOUTH FOURTH ST.
STATE OF IOWA �-
DEPT. OF / 2
TRANSPORTATION
1>
a / 2
rbi
I
/ O V
W -
�a
a
ARTHU R
CITY OF AMES / / ZENOR
TRUST
SS UAW CREEK
/ ♦i
i IOWA S TATE ,i`♦ I
U N I V E R S I TY
�i
NW - SE ♦♦` ARTHUR ZENOR
10 - 83 - 24 ♦♦`i TRUST
`♦ NE — SE
♦.♦♦ii 10 — 83 — 24 z
♦` BIKE ! PATH
'r'- -' -' ♦ — - TYPICAL CROSS -SECTION
i`
♦�`� SE — SE .
♦.` 10 — 83 — 24
SW — SE /♦` 8.
10 — 83 24 ♦♦:/
O♦
i0♦ All that part of the vacated right of way of
the Chicago and Northwestern Railroad lying
♦ii CITY OF west of the centerline thereof, in the
♦♦.` AMES southeast quarter of Section 10 T83N, R24W of
♦♦` the 5th P.M. , Story County, Iowa, and lying
♦•` north of South 16th Street, Ames, Iowa.
SOUTH 16 TH. STREET