HomeMy WebLinkAbout~Master - Storm Sewer - Iowa State University - Stanton/Chamberlain 1510
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JInstrument:2009- 00003455
c M Date:APr 03►2009 10:39:45A
D Rec Fee: 30.00 E-Con Fee: 1.00
G Aud Fee: .00 Trans Tax: .00
Rec Management Fee: 1.00
Non-Standard Page Fee: 10.00
Filed for record in Stors Counts► Iowa
Susan L. Vande Kama► Counts Recorder
C e no) (3
RETURN TO: City of Ames, 515 Clark Avenue,Ames, IA 50010
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-STORM SEWER EASEMENT
STANTON AVENUE TO COLLEGE CREEK
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:
North side of the 2400 block of Lincoln Way in Ames,Iowa.
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,IA(hereinafter referred to as the Grantee)the following storm-Sewer
easement, subject to these terms, covenants and conditions,to-wit:
1. Location: The easements herein granted shall be located upon and limited to one
permanent easement and one temporary construction easement south of Lake LaVerne, as
described below and as shown in Exhibit A.
The permanent easement beginning at the Southwest Corner of the Southeast Quarter (SE
1/4) of said Section; thence South 89 degrees 33 minutes 02 seconds East, 158.93 feet along
the Southerly line of said SE 1/4; thence North 00 degrees 26 minutes 58 seconds East,
66.00 feet to the Northerly line of Lincoln Way, the Point of Beginning; thence North 15
degrees 21 mih5 fes 56 seconds West, 40.58 feet; thence North 58 degrees 31 minutes 06
seconds West, 97.44 feet;1herice North 16 degrees 28 minutes 54 seconds East, 40.89 feet;
thence South 73 degrees 31 minutes 06 seconds East, 20.00 feet; thence South 16 degrees
28 minutes 54 seconds West, 25.54 feet; thence South 58 degrees 31 minutes 06 seconds
East, 90.00 feet; thence South 15 degrees 21 minutes 56 seconds East, 54.15 feet to said
Northerly Line; thence North 89 degrees 33 minutes 02 seconds West, 20.79 feet to the
Point of Beginning; containing 3,486 square feet subject to easements and restrictions of
record.
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CITY OF AMES -STORM SEWER EASEMENT PAGE 2
STANTON AVENUE TO COLLEGE CREEK
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The temporary construction easement beginning at the Southwest Corner of the Southeast
Quarter (SE '/4) of said Section; thence South 89 degrees 33 minutes 02 seconds East,
158.93 feet along the Southerly line of said SE %4; thence North 00 degrees 26 minutes
58 seconds East, 66.00 feet to the Northerly line of Lincoln Way, the Point of
Beginning; thence North 15 degrees 21 minutes 56 seconds West, 40.58 feet; thence
North 58 degrees 31 minutes 06 seconds West, 97.44 feet; thence North 16 degrees 28
minutes 54 seconds East, 40.89 feet; thence South 73 degrees 31 minutes 06 seconds
East, 20.00 feet; thence South 16 degrees 28 minutes 54 seconds West, 25.54 feet;
thence South 58 degrees 31 minutes 06 seconds East, 90.00 feet; thence South 15
degrees 21 minutes 56 seconds East, 54.15 feet to said Northerly line; thence South 89
degrees 33 minutes 02 seconds East, 10.39 feet along said Northerly line; thence North
15 degrees 21 minutes 56 seconds West, 60.94 feet; thence North 58 degrees 31
minutes 06 seconds West, 86.29 feet; thence North 16 degrees 28 minutes 54 seconds
East, 27.87 feet; thence North 73 degrees 31 minutes 06 seconds West, 40.00 feet;
thence South 16 degrees 28 minutes 54 seconds West, 58.56 feet; thence South 58
degrees 31 minutes 06 seconds East, 101.16 feet; thence South 15 degrees 21 minutes_
56 seconds East, 33.79 feet to said Northerly line; thence South 89 degrees 33 minutes
02 seconds East, 10.39 feet to the Point of Beginning; containing 3,886 square feet
subject to easements and restrictions of record.
2. Use: Said premises shall be used by the Grantee for the purpose of Constructing,
reconstruction, operating, maintaining and repairing a storm sewer, 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,tile 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 to the
extent arising, directly or indirectly, out of Grantee's acts or omissions. 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.
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CITY OF AMES -STORM SEWER EASEMENT PAGE 3
STANTON AVENUE TO COLLEGE CREEK
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 facilities 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 facilities to some
other suitable locations to be provided by the Grantor, the actual cost of relocation, not to
exceed the depreciated value of the facilities at said time as mutually agreed upon by both
parties, assuming a useful life of five (5) years, to be paid by Grantor, provided that after
five (5) years from the date of this Agreement the liability of Grantor for the cost of
relocation shall terminate.
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.
10. Duration: This easement is granted and all rights hereunder shall endure for the duration of
fifty (50)years subject to renewal at that time as long as the Grantee continues to use the
same for a storm sewer. Whenever said use shall be discontinued, all rights granted herein
shall terminate and revert to the Grantor. At the end of easement terms, the Grantee agrees
to remove the storm sewer, and restore the site to pre-easement conditions at no expense to
the Grantor.
i Grantee only and cannot be assigned in whole or
11. Assigned Prohibited: This grant is to the G a y g
_.part to any other party without written consent of the Grantor.
Each arld`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-STORM SEWER EASEMENT PAGE 4
STANTON AVENUE TO COLLEGE CREEK
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IN WITNESS WHEREOF, tAe Grantor has caused this instrument to be duly executed by its lawfully
designated officials this�7 — day of Ma r` h ,200q.
BOARD OF GENTS, T OF IOWA
By
obert Donley
Executive Director
State of Iowa )
S.S.
County of Polk
)
On this &—`'`"tlay of T _ , 20Qf, 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 Donley, that the
instrument was signed on behalf of and by the authority of the Board of Regents, State of Iowa and that
Robert Donley was au orized to execute this instrument by vote of the Board of Regents, State of Iowa
at its meeting on /'217day of ,20�, and 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.
Zezl&satl�ce
� jaa4'
Notary Pu lic in and for Said Coun
My Commission expires: G RUTH ILENE TUTTLE
o.oWWW a,2M0
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CITY OF AMES-STORM SEWER EASEMENT PAGE 5
STANTON AVENUE TO COLLEGE CREEKa
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City of Ames,IA
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Ann Campbe l "
Mayor
State of Iowa )
S.S.
County of STORtI )
On this -�71'�'- day of 20�j_, before me, the undersigned, a notary public
in and for said County in said 44ate, personally appeared HNN
, known to me and who executed the foregoing document and who
acknowledged that he/she executed the same as a voluntary act deed.
Notary Public in and or Saqd County
My commission expires: 3-/7-/a.
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JILL L.RIPPERGER
Commission Number 146549
My commission Expires
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Pe .
Exhibit A
MAP OF EASEMENT
CUT 'x'
SE CORNER
SEC. 4-T83N-R24W
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14 I
Jam'. I
r. 41
589.33'02"E
10.39'
N15.21'S5'W I �
11 11 • 60.91' 66• W O
STORM S15'21'56'E N
20SEVERR 54.15' I �fV
EASEMENT N89'37'02"W M
20.79'
S58.31'06"E. OINT OF O1 v
90 00' c
BEGINNING N00 6'58'E V)p
N58.3f'O6'W 66.00' I ti
86.29 _ L-
N16'28'SI'E 4 - N
17.87' s,s•2,•s E I
S16'28'SI W / /, 33.79 S89.33'02'E
25.51' /� /N15.21'56'W 10.39' 3 �SE 14 SEC
/
N77'31'0 r ` 40.58' 2
10.00' �/ J
577'31'06*E---17 / 1458.31'06'r
I
' 20.00' 97.11' Q) I�
S58'3f'06'E I'
N16.28'51"E
10.84' / IV TEMPORARY
S16'28'S4"W CONSTRUCTION
58.56' EASEMENT N'LY LINE
LINCOLN WAY
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I
66'
MAC NAIL
SW CORNER SE',.
SEC. 4-T83N-R21W
OWNER:
IOWA STATE UNIVERSITY
NOTES PSTANTON AVENUE/CHAMBERLAIN STREET
PARCEL NO. 1
I. THIS EASEMENT 15 LOCATED IN THE
Sr'%e SE1%4 SECT ION 1 TOWNSHIP 83 NORTH
RANGE 24 NEST.
2. THE SLY LINE OF THE SE11e IS ASSUMED LEGEND
TO BEAR S89.33'02'E. 0 25 so SET SECTION CORNER......p
RECORD DIMENSION........I I
SCALE, 1' 50'
``�t1l�lrrerrr I hereby eertify
w ihlat M1a leltp mrwylrq we1}rllf
`may fNC/ "..' end the rslotw nrvsy.orh fes 0arforWaa
�. •, by N or Under;,I i W W LOW
SUrv*al supervision one snot
i w 0 ru1y 1 my,dE LOflr ersonal V1err the IOW of
WHKS La = irNICHOLAS
a' KONRADYDelon PLMm M LAND SURVEYWS Z-'A 9029 i S-Z Wlehohas . A o0y a
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JOB NO. 6773.1
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