HomeMy WebLinkAbout~Master - Bicycle Path - ISU and IDOT - between South 4th/South 16th Streets AGREEMENT
This agreement is entered into between the CITY OF AMES, a municipal
corporation, hereinafter referred to as "City", and Iowa State University and
the Iowa Board of Regents, hereinafter referred to as "University";
WITNESSETH :
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 said 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 any compensation for use of this path
other than the covenants which form this Agreement.
III.
City covenants to indemnify and save the Board of Regents 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 Agreement. Damages to crops, fences, utilities or other property of the
University or its tenants during the original construction and subsequent
maintenance, repair and use of the premises granted in this Agreement shall be
promptly compensated for by the City. The City shall be responsible for the
entire area of abandoned rail right-of-way.
IV.
The Board of Regents 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 the City's rights herein
granted.
V.
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.
VI.
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
C&NW Transportation Co.
VII.
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.
VIII.
The City will provide police service as needed for the bicycle path and
surrounding corridor.
IX.
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 $#h day of 1991.
IOWA STATE BOARD OF REGENTS CITY OF AMES, IOWA
By: 11;11By:
R./Wayne Whey Larry R. Cu is
Executiv irector Mayor
IOWA STATE UNIVERSITY
By:
� By;
Warren Madden, ice President Nancl Dioni Ci Clerk
APPR D TO RM
BY
John . Klaus
City Attorney
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All that part of the vacated right-of-way of the former Chicago and Northwestern Railroad
lying in the SWI/4 SE1/4 of Section 15, T83N, R24W, of the 5th P.M., south of the south
right-of-way line of South 16th Street; also said vacated right-of-way in the east one-half of
the NW1/4 of Section 15, T83N, R24W of the 5th P.M., lying north of the north right-of-way
line of By-Pass Highway 30, located in Ames, Story County, Iowa.