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HomeMy WebLinkAbout~Master - Transmission Line - ISU - Stange Road and 13th Street Instrunent:2008- 00000567 N 0ate:Jan 17r2008 01:14:24P 0 Rec Fee: 30.00 E-Con Fee: 1.00 6 Aud Fee: .00 Trans Tax: .00 Rec Management Fee: 1.00 Non-Standard Page Fee: .00 Filed for record in Story Countyr Iowa Susan L. Mande Yana► County Recorder RETURN TO: City of Ames, 515 Clark Avenue,Ames,IA 50010 CGhw) Preparer: Contract Administration, 200 General Services Building,Iowa State University,Ames,IA 50011 (515-294-2318) ISU Vice President for Business and Finance 1350 Beardshear Hall (515-294-6162) CITY OF AMES TRANSMISSION LINE EASEMENT 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: A thirty (30) foot wide easement across the South-half of the Northeast Quarter (Sl/2-NE1/4) and the East-half of the Southeast Quarter(El/2-SEI/4) of Section 33; and across the Southwest Quarter of the Southwest Quarter(SW1/4-SW1/4)of Section 34;both in T84N—R24W of the 5a' P.M.; and across the West-half(W1/2) of Section 3 — T83N— R24W of the 5 h P.M.; all in the City of Ames, Story County, Iowa. Fifteen(15) feet on each side of the centerline depicted and described in Exhibits A and B. NOW THEREFORE, the Board of Regents, State of Iowa, pursuant to Code of Iowa s 262.9(7), 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 City of Ames Transmission Line 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 beginning at a point as described in Exhibits A and Exhibit B. 2. Use: Said premises shall be used by the Grantee for the purpose of Constructing, reconstruction, operating,maintaining and repairing an electrical transmission, distribution or communication system, 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 CITY OF AMES TRANSMISSION LINE EASEMENT PAGE 2 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. 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 or the Grantee requests a relocation of said facilities and easement, the Operating Committee established under the 1991 Ames-ISU Transmission System Agreement shall allocate the costs of relocation subject to any required authorizations by the Grantor and Grantee. 9. Consideration: The consideration for this grant is the fact that the facilities to be constructed on this easement will also serve the requirements of the Grantor under the 1991 Ames-ISU Transmission System Agreement. 10. Duration: This easement is granted and all rights hereunder shall endure for the duration of 50 years subject to renewal at that time as long as the Grantee continues to use the same for an electrical transmission, distribution or communication system. Whenever said use shall be discontinued, all rights granted herein shall terminate and revert to the Grantor. 11. Assigned 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. 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. The Grantee has 30 days to provide a written response to the Grantor and plan of action and schedule for Grantor's approval. 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. CITY OF AMES TRANSMISSION LINE EASEMENT PAGE 3 IN WITNESS WHEREOF, the Grantor has caused this instrument to be duly executed by its lawfully designated officials this day of^� BOARD OOF�REGENTS, STATE OF IOWA By drfyl� d"Z� - ,dam Andy Baumert Interim Executive Director State of Iowa ) S.S. County of Polk ) On this 'day of A20_IZ7, 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 Andy Baumert, that the instrument was signed on behalf of and by the authority of the Board of Regents, State of Iowa and that Andy Baumert was authorized to eW cute this instrument by vote of the Board of Regents, State of Iowa at its meeting on ,day of , 20and that the execution of this instrument is a voluntary act and deed of the Board of Regents, State of Iowa and of the executive director. tee & Notary Public in and for Said Coun My Commission expires: O RM ILENE TUTTLE 8 Commission Number 731888 My Commission Expires O11 December 8,2007 T . CITY OF AMES TRANSMISSION LINE EASEMENT PAGE 4 CITY OF AMES By Donald om, irector Ames Municipal Electric Services State of Iowa ) S.S. County of On this 2�2 day of Mweyy4--'er , 20_p], before me, the undersigned, a notary public in and for said County in said State, personally appeared 41,71LI '. Y'nL4 1/C 6+-y,/ , known to me and who executed the foregoing document and who acknowledged that he/she executed the same as a voluntary act deed. Notary ublic in d for SAWC ou my My commission expires: �101 .•t PATRICIA A s�PONS 'ALNotarial Sad•IOWA *7" Commission No.7 515 My Commission ffxpirp 11ALICEIE-ARCHIVE\ARCHIVE\CGA-PROJECTS\74396\STANGE-PLANT.DWG,MODEL,3/27/2007 I0:16:37 AM,KDJ257 NEC her SW seafian 1/4 33-NE fia1/4 NE Corner - -za rt 24th Street SE 1/4-NE I/4 �North Line of Ine SW1/4-NE1/4 Found IP in Canc. 1,30990' S89'3549'W- 1,309.49' m 98.44' N89'3803(E) 40.18 Section]3-84-24 __- __.____ ...___ �_ _L- ______ m_�_._ Found"X"in Conc. Sw 1/4-NE 14 m a 3as4'-N89'43'24"E - 1,3--83 "III Anchor Easements seahan 33-fia-2aIII-25.os' Width Point Length Beorin Found 1/2"Iron Pin POINT of III 'III 10 _ A 41.02 37 42 N 30 E 60.00 S 66'02 07 E BEGINNING o to II o�I I IN SW 1/4 — NE 1/4 m Q SE 1/4 — NE 1/4 j SCALE 1" = 875' I'll 0 c S 1 2 —� N E 1 4 'll0 ,,750' 2,525' 3,500' / I� Section 33 ';— 84 — 24 North I, I_ 6 SE Carner-NE 1/4 ! -4 Fountlnl/2"Iran Pin 24 - - - _____-_.-_____ I 'I I ; p V/ W' CD on: IQ n I� U Im O rn II llv O I- V I ' II co � --------------- SW 1/4 — SW 1/4 ll Section 34 P 'III 84 — 24 l Ili I 73/h �.��e• F i I I o I C l ilro G I 2 ` I I I 11 \ 1 0 l ..B„ 530'41'20"W/ ti 300.45' CD o 519'�32'30"W/� ^1? n 1221.86' I II J �F o� III S21'08'157"W, 21 2.4;4' S05'32'284W f / 312.74' \�6• 106.36' I N34'27'38"E 6\e L soB'59'42'W I FIWpo �����7,6j 196.48' L N7 4 ' 9,.E d olive 2 29.90- ��� 110.82' 57. "D" S66'02'07"E ; 726'07"E ��r\\ "E.. II 60.00'Ananare lI it a S66-02'07"E 161 kv Transmission Line ^w 3' � m 572.7 t',_2938f 1i EASEMENT DESCRIPTIONS: s67 t6'a1"E POINT of ENDING A Thirty(30)foot witle a enl tic s the South-half or the Northeast Quarter(SI/2-NEIA and the aEasl-half of sthe Southeast Ouorter (E1/2-SEI/4)of scalar 33;and acro:a in,soamwelt oaorter or the Southwest Quarter(SWI/4-SW1/4)of Section 34;both in T84N-R24W at the 5tn P.M.;and atoll the West-Half(WI/2)of Section 3-T83N-R24W of CERTIFICATION: glo the 5th P.M.;all rin the City of Ames,story County,Iowa;Fin...(15)feet on d o each side at the following a-chiaed centedi— I hereby certify that this Easement Plat is in accordance .Io "Commencing at the Nano east(NE)wryer of the Southeeat Quarter at with o survey, a mode by me or under my direct personal mif the Northeast Quarter(SWI/4-NE1/4)of Section 33-T84N-R24W It the super,slon, MARCH, 2007; t the request of Lyndon Cook, so P.M.,in the City of Ames,Story County,Iowa;thence s ST 35 49'W, Electrical Engineer for the Ames Municipal Electric System. _ 98,44 feet along the north line of the SWI/4-NE1/4 of sold Section 33; w II;• thence S as'as'21"E,38.18 Saar to the Paint of Beginning;thence N 89'43' ° S 24"E, 1,383.60 feet(to a point designated"A');thence S 00'25'36"E, S N 1,10241 feet(to`a`paint designat a EB„'46M1O6ca S OT`48'4107W,4494.771feel •+- '.�E ENGINpAeS,� 41a 1. 498o It L,ENGz N^ (to a point designated"C");thence S 66'06'06"E. 1,573.46(,It(lo o point tlesignated"0");thence S O4'S3' 18"E.584.92 feel;tnence S 87'16'at'E, +I� 572,11 feet;thence 5 73'19'18..E.approximately 213.3 feet to the east line If the SW1/4 of nand Sectfan 3,and the Paint of Ending.' ICENNMI D. 1. .N,y JANSSEN :a ANDe 81.E :0 ill "Beginning at a point designated"8";thence S 30'41'20"W,300.45 'l'. y Kenneth Jays P.E., L.S. SSE Corner-Sw 24 fee[;tnence S 19'32'30"W,221.86 feet;thence s 21'DB'S7"W.212.44 ff Registration expi 12-31-07 ed p un-In Way3&I werside feet;tnence SOS'32'28"w,106.36 leer;Nance SOB'S9'42"W,196.48 (eet;tnence S 7T 26'01"E,29.90 feet;thence N 1T 46'29"E.235.19 feel; •4a•.�WA In.-N 31 27'38"E,31 z.74 feet(to a paint designated"C")and the Point If Ending:' AND 'Beginning at a paint designated"D";thence S 56'02'07"E.110,82 feet(ta a point designated"E")and the Paint of Ending, ANCHOR EASEMENTS A ran(10)foot wide a ement,FAe(5)reel an I-1,lice If Ine following tlescribetl centerline:as 'De9innlnq at a paint designated"A';tnence N 09'37'42'E,41.02 feel EXHIBIT "A" I,the north line of lye SEI/4-SEI/4 of said Section 33,and the Point a! Ending,' AN. Revise i d A Thirty(30,foal wide eaeement,Fifteen(,5>feet an each aide ar the EASEMENT PLAT rouowmg erty(30 centenine: "Beginning at a paint designated"E";thence S 66'02'07"E 60,00 feet to the Point al Ending." Nate. iSU — City of Ames Interconnection Bearings ore based on our State Plane Coordinate control work in 1983. Clapsaddle-Garber Associates,Inc 612 Fifth Street c(qa., Ames,Iowa 50010 CGA-File #74396 Ph515-232-8553 EP-File 084008-2 March, 2007 www.cgaconsultants.com pq , 5 CITY OF AMES TRANSMISSION LINE EASEMENT PAGE 6 EXHIBIT"B" 161 kv Transmission Line EASEMENT DESCRIPTIONS from--Iowa State University to—City of Ames 1 A Thirty(30)foot wide easement across the South-half of the Northeast Quarter (S%-NE%)and the East-half of the Southeast Quarter(E'VrSE%)of Section 33;and across the Southwest Quarter of the Southwest Quarter(SW'/,-SW'/,)of Section 34;both in T84N-R24W of the 5th P.M.;and across the West-half(W%2)of Section 3-T83N- R24W of the 5th P.M.;all in the City of Ames,Story County,Iowa;Fifteen(15)feet on each side of the following described centerline: "Commencing at the Northeast(NE)corner of the Southwest Quarter of the Northeast Quarter(SW'/,-NE'/,)of Section 33-T84N-R24W of the 5th P.M.,in the City of Ames,Story County,Iowa;thence S 891 35'49"W,98.44 feet along the north line of the SW'/,-NE'/,of said Section 33;thence S 00'06'21"E,38.18 feet to the Point of Beginning;thence N 89'43'24"E, 1,383.60 feet(to a point designated"A");thence S 00°25'36"E, 3,498.03 feet;thence S 60'41'27"E,746.06 feet;thence S 07°48'41"W, 1,102.40 feet(to a point designated"B");thence S 07"48'41"W, 494.77 feet(to a point designated"C");thence S 66'06'06"E, 1,573.46 feet(to a point designated"D");thence S 040 53'18"E,584.92 feet;thence S 87'16'41"E,572.11 feet;thence S 730 19'18"E,approximately 213.3 feet to the east line of the SW%of said Section 3,and the Point of Ending." AND "Beginning at a point designated"B";thence S 30'41'20"W,300.45 feet; thence S 19'32'30"W,221.86 feet;thence S 21°08'57"W,212.44 feet;thence S 05'32'28"W,106.36 feet;thence S 08'59'42"W,196.48 feet;thence S 770 26'01"E,29.90 feet;thence N 17'46'29"E,235,19 feet;thence N 34'27'38"E, 312.74 feet(to a point designated"C")and the Point of Ending." AND "Beginning at a point designated"D";thence S 66'02'07"E,110.82 feet(to a point designated"E")and the Point of Ending." ANCHOR EASEMENTS A Ten(10)foot wide easement,Five(5)feet on each side of the following described centerline: "Beginning at a point designated"A";thence N 09'37'42"E,41.02 feet to the north line of the SEY,-SE%of said Section 33,and the Point of Ending." AND A Thirty(30)foot wide easement,Fifteen(15)feet on each side of the following described centerline: "Beginning at a point designated"E";thence S 66'02'07"E,60.00 feet to the Point of Ending." Notes: 1. Bearings are based on our State Plane Coordinate control work in 1983. 2. Easement Plat drawing is attached. ��sc�attem u. enneth D.J nssen P.E.,L.S. Registration expires 12-31-07 March 27,2007 CGA Consultants CGA-File#74396 EP-File#84008-2(ISU-Interconnect.Des.wpd)