HomeMy WebLinkAbout~Master - 2019/20 Shared Use Path System Expansion - Vet Med Trail (South 16th Street to ISU Rearch Park) Return to, (env) Instrument, p: 2020-09909
Ames City Clerk 03/31/2020 08:48:01 Aft Total Pages: 6
EASE EASEMENTS
Box 811 Recording Fee: $ 32.00
Stacie Herridge, ecorder , Story County Iowa
Ames IA 50010 ®!II KI VC N„i r1I i 1k,14 1,WL N1� W,11 tl I11
Legal Description: Seepage 5
Return document to: 3550 Beardshear Hall,Iowa State University,515 Morrill Road,Ames,Iowa 50011
Document prepared by: Office University Counsel,3550 Beardshear Hall,Iowa State University,515 Morrill
Road Ames Iowa 50011
IOWA STATE UNIVERSITY-CITY OF AMES
MULTI-USE TRAIL EASEMENT AGREEMENT
AT COLLEGE OF VETERINARY MEDICINE
This Multi-Use Trail Easement Agreement("Agreement') is entered into June 23, 2020, by and between
the Board of Regents, State of Iowa for the use and benefit of Iowa State University of Science and
Technology("Grantor")and City of Ames, Iowa("Grantee").
A. 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:
The East half of the Northwest Quarter of Section 15,Township 83 North Range 24 West of
the 5th P.M.,Ames, Story County, Iowa("Property").
B. Grantee desires to construct a multi-use trail across a portion of the Property and connect it
to other trails in the vicinity, and Grantor supports the construction of the multi-use trail on
the Property and is willing to grant Grantee an easement across the Property in accordance
with the terms of this Agreement.
TERMS
1. Location: Pursuant to Code of Iowa§ 262.9(8) and subject to the terms of this Agreement,
Grantor grants Grantee an easement that shall be located upon and limited to the tract
depicted in the Map of Easement, which is attached as Exhibit A and made part of this
Agreement("Easement Area").
2. Use: Grantee shall use the Easement Area for the purpose of constructing, maintaining, and
repairing a multi-use trail. The parties acknowledge that the multi-use trail will be open to
use by members of the public, and Grantor and Grantee may use the multi-use trail as other
members of the public may use it. In addition,either party may use the Easement Area as an
alternative route for emergency vehicles when necessary to address health, safety, or law
enforcement situations.
3. Access: Grantee's entrance upon Grantor's Property to access the Easement Area shall be
over reasonable routes designated by Grantor.
4. Construction Requirements:
a. Construction Coordination: Grantor and Grantee shall coordinate prior to and during
construction of the multi-use trail. Grantor and Grantee shall each designate at least
one representative to serve as its liaison to the other party regarding the construction.
b. Construction Plans: Grantee shall submit to Grantor for Grantor's approval a copy of
Grantee's plans for construction of the multi-use trail. Grantor's approval shall not be
unreasonably withheld. Grantee shall ensure that the multi-use trail is constructed in
accordance with the approved plans.
c. Construction Dates: Grantor and Grantee shall mutually agree on the dates during
which the construction activities may occur in order to diminish any adverse impact
on Grantor's activities on the Property.
d. Temporary Construction Easement: Grantor grants Grantee a temporary construction
easement in an area immediately adjacent to the Easement Area as identified in the
Map of Temporary Construction Easement, which is attached as Exhibit B, for a
period of six months from the date of construction commencement solely for the
purpose of constructing the multi-use trail. However, if Grantee has completed its
use of the temporary construction easement prior to the end of the six-month period,
the temporary construction easement shall immediately terminate. Grantee's
obligations and liability with respect to the Easement Area shall also apply to the
temporary construction easement.
e. Utilities Crossings; Permission from Easement Holder: All crossings of existing
sewers, water lines,tile lines, electric lines,telecommunication lines,conduit or other
existing facilities shall be made in cooperation with and subject to the specifications of
the engineer or other official of Grantor in charge of such installations.If the Easement
Area crosses an easement previously granted by Grantor to a utility provider or other
entity, prior to engaging in any construction activities in the Easement Area Grantee
shall obtain from the easement holder its written consent to the easement granted to
Grantee pursuant to this Agreement and submit to Grantor a copy of the written
consent. Grantee shall abide by any restrictions imposed by the easement holder as a
condition of its consent.
f. Restoration: Grantee shall restore the Easement Area not utilized for the multi-use trail
and the temporary construction easement area to their natural grade and previous
condition, including reseeding. 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 Property for other purposes. Grantee shall submit to Grantor for
Grantor's approval a copy of Grantee's restoration plans. Grantor's approval shall not
be unreasonably withheld. Grantee shall ensure that the restoration is in accordance
with the approved plans.
g. Liens: Grantor's property shall not be subjected to liens of any nature by reason of
Grantee's construction,maintenance or repair of the multi-use trail or by reason of any
other act or omission of Grantee, including, but not limited to, mechanic's and
2
materialman's liens. Grantee has no power, right or authority to subject Grantor's
property to any mechanic's or materialman's lien or claim of lien.
5. Liabilfty.
a. Damage to Grantor Property. Grantee shall promptly notify Grantor of any damage to the
Easement Area, Property or other real or personal property of Grantor occurring while
Grantee is constructing,maintaining or repairing the multi-use trail. At Grantor's request,
Grantee shall either repair or replace the damaged property, reimburse Grantor for
reasonable, documented expenses incurred by Grantor to repair or replace the damaged
property or compensate Grantor for the loss of the property.
b. Maintenance and Repair. As between Grantor and Grantee, Grantee shall be solely
responsible for maintaining and repairing the multi-use trail and the Easement Area,
including but not limited to any mowing and landscaping.Grantee shall provide to Grantor
contact information for the individual Grantor may contact if Grantor believes maintenance
or repairs are needed and to whom Grantor may refer inquiries received from members of
the public about the multi-use trail.
c. Third Party Claims. To the extent permitted by Chapter 670 of the Iowa Code and other
applicable law, Grantee shall indemnify and hold harmless Iowa State University of
Science and Technology,the Board of Regents—State of Iowa,the State of Iowa and their
respective officers, employees and agents harmless from any claims, liabilities, damages,
fines and expenses arising from the multi-use trail, use of the Easement Area by Grantee,
or from any tort (as defined in Chapter 670 of the Iowa Code) arising from the acts or
omissions of Grantee or its officers or employees.
d. Insurance. Grantee shall maintain appropriate insurance coverage or self-insure for
liabilities that may arise from the activities set forth in this Agreement.
6. Rights Reserved:Grantor reserves to itself the right to use of Easement Area for any purpose
that does not interfere with the multi-use trail or Grantee's rights granted in this Agreement.
7. Relocation: Grantor may request relocation of all or a portion of the multi-use trail and
Easement Area. If requested, Grantor and Grantee shall identify a mutually acceptable
location to be provided by the Grantor. If the relocation occurs in the first five years of this
Agreement, Grantor shall pay the actual cost of relocation, not to exceed the depreciated
value of the multi-use trail at the time of relocation and assuming a useful life of twenty-five
years. After five years from the date of this Agreement, Grantor shall have no obligation to
pay for the cost of relocation unless mutually agreed otherwise.
8. Consideration: The consideration for this easement, Grantee shall pay Grantor $1.00 upon
execution of this Agreement. The benefits the multi-use trail provides to Grantor, including
providing an alternative walking/biking route for students, faculty, and staff, serve as
additional consideration for this easement.No cost of the facilities to be constructed within
this Easement Area shall be assessed or charged to the Grantor.
9. Duration: This easement is granted, and all rights hereunder shall endure, for a period of
twenty years so long as the Grantee continues to use the Easement Area for a multi-use trail
in accordance with this Agreement. Grantor and Grantee may mutually agree in writing to
renew this Agreement.Upon expiration of the easement term or discontinuation of Grantee's
use of the Easement Area for a multi-use trail in accordance with this Agreement:(i)all rights
granted to Grantee shall terminate and revert to Grantor and (ii) Grantee shall remove the
3
multi-use trail and restore the Easement Area to pre-easement conditions at no expense to
Grantor unless otherwise agreed by Grantor and Grantee.
10. Assignment Prohibited:The grant of this easement is to Grantee only and cannot be assigned
in whole or part to any other party without written consent of Grantor.
Grantor and Grantee execute this Multi-Use Trail Easement Agreement by their lawfully designated
officials as of the date first written above.
BOARD OF REGENT ,STATE OF IOWA
KRISTIN ANN BAUER
By Notarial Seal-Iowa
MarVi
r Commission Number 811107
Exeve Dir ctor My Commission Expires Jun 18,2021
STATE OF IOWA,COUNTY OF POLK,SS.:
This instrument was acknowledged before me on ie — 2020, by Mark
r
Braun as Ex utive Director of the Board of Regents, State of Iowa.
N ary P is
My Commission ex s: ..�..
CITY OF AMES,IOWA
Passed and approved on `mil l_V �3, 12020, by Resolution No.20- J�
adopted by the City Council of Ames,Iowa.
ttest: `l , By. ,
Diane R.Voss,City Clerk John A. Haila,Mayor
STATE OF IOWA,,COUNTY OF STORY, SS.:
This instrument was acknowledged before me on 3 ,2020, by Diane
Voss and John A. Haila,as City Clerk and Mayor,respectively,of the City of Ames,Iowa.
�4A (._/ *0."!C
AMY L.COLWELL.
mil- 1 ommission Number 812138
Notary blic My s ^Expires
My cokiission expires u Cl 14" 13 . a La I
4
MAP OF EASEMENT
E 1/2 OF THE NW 1/4 OF SECTION 15-83-24
CITY OF AMES
APRIL 2020
EXHIBIT 'A'
POINT OF COMMENCEMENT
N QUARTER CORNER
OF SECTION 15-83-24
FOUND NAIL
FOR RECORDER USE ONLY
TUJ
INDEX LEGEND
L" o
E 1/2 OF THE NW 1/4 OF SECTION 15,T-83-N,R-24-W F 00
LOCATION 0 00
STORY COUNTY,IOWA O
V1
REQUESTOR: CITY OF AMES
PROPRIETOR: STATE OF IOWA
SURVEYOR: EUGENE DREYER,P.L.S.#i 17535
SURVEYOR COMPANY: BOLTON&MENK,INC.
O�
RETURN T0: EUGENE DREYER,BOLTON&MENK,INC.1519 BALTIMORE /
DRIVE,AMES,IA 50010(515)-233-6100 S� /
ti
LEGEND: 1
F{7 ; �•, r £•t C5-1V / POINT OF BEGINNING
ltlT Lra/i`E 1 r yr AT THE INTERSECTION OF THE
• FOUND MONUMENT AS NOTED CENTER LINE OF THE TRAIL
FOUND SECTION CORNER AS NOTED /' 1,- \l AND THE EAST LINE OF THE
————— EASEMENT LINE I� EAST 1/2 OF THE NW 1/4
I OF SECTION 15-83.24
FOURTEEN FOOT PEDESTRIAN EASEMENT DESCRIPTION: 4'FROMEDGE i 1
THAT PART OF THE EAST HALF OF THE NORTHWEST QUARTER OF SECTION 15-83.24,WEST OF THE 5TH P.M.,CITY OF AMES, OF PATH TO
STORY COUNTY,IOWA,MORE PARTICULARLY DESCRIBED AS FOLLOWS; FENCE I ( 1-4
A FOURTEEN FOOT WIDE PEDESTRIAN EASEMENT,SEVEN FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE I j
OF THE PATH AS CONSTRUCTED,COMMENCING AT THE NORTH QUARTER CORNER OF SAID SECTION 15;THENCE 5 00°05'16" I >
E,870.87 FEET ALONG THE EAST LINE OF THE SAID EAST HALF OF THE NORTHWEST QUARTER TO THE POINT OF BEGINNING
AT THE CENTERLINE OF THE PATH;THENCE S 32°30'42"W,34.03 FEET TO THE BEGINNING OF A 245 FOOT RADIUS CURVE, LD
CONCAVE EAST;THENCE 132.65 FEET ALONG SAID CURVE,WITH A DELTA OF 31"01'16",AND THE LONG CHORD BEAR S rV
17-00-04"W,131.03 FEET;THENCE S 01'29'26"W,115.51 FEET TO THE BEGINNING OF A 205 FOOT RADIUS CURVE, i N
CONCAVE WESTERLY,THENCE 159.13 FEET ALONG SAID CURVE,WITH A DELTA OF 44-28'33-,AND THE LONG CHORD BEARS `y
S 23`43-43"W,155.17 FEET;THENCE 5 45'57'59"W,120.35 FEET TO THE BEGINNING OF A 145 FOOT RADIUS CURVE, I 0
CONCAVE SOUTHEASTERLY;THENCE 42.77 FEET ALONG SAID CURVE,WITH A DELTA OF 16-54'00-,AND THE LONG CHORD 14'
BEARS S 37'30'59"W,42.61 FEET;THENCE 5 29°03'59"W,53.23 FEET TO THE BEGINNING OF A 125 FOOT RADIUS CURVE, PEDESTRIAN �—
CONCAVE NORTHWESTERLY;THENCE 92.52 FEET ALONG SAID CURVE,WITH A DELTA OF 42°24'31",AND THE LONG CHORD EASEMENT I
BEARS 5 50°16'15"W,90,42 FEET;THENCE S 71"28'30"W,52,95 FEET TO THE BEGINNING OF A 145 FOOT RADIUS CURVE,
CONCAVE SOUTHEASTERLY;THENCE 98.12 FEET ALONG SAID CURVE,WITH A DELTA OF 38'46'18",AND THE LONG CHORD
BEARS 5 52°05'21"W,96.26 FEET;THENCE S 32°42'12"W,35.70 FEET TO THE NORTH RIGHT-OF-WAY LINE OF HIGHWAY N30, /
WITH SIDELINES AT EACH END OF THE EASEMENT BEING EXTENDED OR SUBTENDED TO TERMINATE AT THE PROPERTY LINES.
NOTE: BEARINGS SHOWN HEREON ARE GRID IOWA STATE PLANE,NORTH ZONE. 2'FROM EDGE
OF PATH TO
FENCE \
CURVE TABLE / --C4
CURVE# LENGTH RADIUS DELTA CH LENGTH CH BEARING
C1 98,12' 145.00' 38°46'18" 96.26' S52°05'21"W
C2 92.52' 125.00' 42°24'31" 90.42' 550°16'15"W
C3 42.77' 145.00' 16°54'00" 42.61' 537°30'59"W /
C4 159.13' 205.00' 44°28'33" 155.17' S23°43'43"W
CS 132.65' 245.00' 31°01'16" 131.03' 517°00'04"W 5 t;h^•2•
//
---C3
X
`V /
2'FROM EDGE
OF PATH TO
FENCE
9S, \--C2
52. FOUND R.O.W.NAIL �p/
5 32-42-12"W---_ _ _
/ , o so 100
35.70' ` // - b5 I WAY R.O.W. VARIES HORZ.
SCALE FEET
FOUND R.O.W.NAIL
I hereby certify that this land surveying document was
epared bymeandiherelated field workwas performed hat I MAP OF EASEMENT
IONq[yyyyrO s a dp'y°Iicensed directurveyor under he laws of personal s.p—i�i.n and tthe
.• E 1/2 OF THE NW 1/4 OF SECTION 15 83-24
5O' EUGENE ' r'
wi DREYER slS First s S. 7 )�
U 17535 ;±�-1 REG.NO, 17535 DATE: • w BOLTON 1519 BALTIMORE DRIVE 1
3` MY LICENSE RENEWAL DATE IS 12/20/2020 AMES,5IOWA10030 ,F
..................* & MENK (515)233-6100
�rrrrry�tOlWlPttt�� \`\ PAGES OR SHEETS COVERED BY THIS SEAL: 1
THIS SHEET
MAP OF TEMPORARY CONSTRUCTION EASEMENT
E 1/2 OF THE NW 1/4 OF SECTION 15-83-24
CITY OF AMES
APRIL 2020
EXHIBIT 'B'
POINT OF COMMENCEMENT
N QUARTER CORNER
OF SECTION 15-83-24
FOUND NAIL
FOR RECORDER USE ONLY
TLU
Zn
INDEX LEGEND -4
s1
Ln
E 1/2 OF THE NW 1/4 OF SECTION 15,T-83-N,R-24-W O Do
00
LOCATION STORY COUNTY,IOWA 0
vi
REQUESTOR: CITY OF AMES
PROPRIETOR: STATE OF IOWA
SURVEYOR: EUGENE DREYER,P.L.S.11117535
SURVEYOR COMPANY: BOLTON&MENK,INC.
O�
EUGENE DREYER,BOLTON&MENK,INC.1519 BALTIMORE
RETURN TO: DRIVE,AMES,IA 50010(515)-233-6100 /
LEGEND:
C5-—\ POINT OF BEGINNING
AT THE INTERSECTION OF THE
• FOUND MONUMENT AS NOTED CENTER LINE OF THE TRAIL
FOUND SECTION CORNER AS NOTED AND THE EAST LINE OF THE
————— EASEMENT LINE i EAST 1/2 OF THE NW 1/4
I OF SECTION 15.83-24
TWENTY-TWO FOOT WIDE TEMPORARY CONSTRUCTION EASEMENT I ��
DESCRIPTION: Ln
THAT PART OF THE EAST HALF OF THE NORTHWEST QUARTER OF SECTION 15-83-24,WEST OF THE 5TH P.M.,CITY OF AMES, I I�
STORY COUNTY,IOWA,MORE PARTICULARLY DESCRIBED AS FOLLOWS;
A TWENTY-TWO FOOT WIDE TEMPORARY CONSTRUCTION EASEMENT,FIFTEEN FEET ON THE EAST SIDE,AND 7 FEET ON THE I I
WEST SIDE OF THE FOLLOWING DESCRIBED CENTERLINE OF THE PATH AS CONSTRUCTED,COMMENCING AT THE NORTH
QUARTER CORNER OF SAID SECTION 1S;THENCE S 00'05'16"E,870.87 FEET ALONG THE EAST LINE OF THE SAID EAST HALF
N
OF THE NORTHWEST QUARTER TO THE POINT OF BEGINNING AT THE CENTERLINE OF THE PATH;THENCE S 32'30'42"W, p�
34.03 FEET TO THE BEGINNING OF A 245 FOOT RADIUS CURVE,CONCAVE EAST;THENCE 132.65 FEET ALONG SAID CURVE,
WITH A DELTA OF 31'01'16",AND THE LONG CHORD BEAR 517-00'04"W,131.03 FEET;THENCE S 01'29'26"W,115.51 FEET IO
TO THE BEGINNING OF A 205 FOOT RADIUS CURVE,CONCAVE WESTERLY,THENCE 159.13 FEET ALONG SAID CURVE,WITH A I
DELTA OF 44'28'33",AND THE LONG CHORD BEARS S 23-43'43"W,155.17 FEET;THENCE S 45'57'59"W,120.35 FEET TO THE
BEGINNING OF A 145 FOOT RADIUS CURVE,CONCAVE SOUTHEASTERLY;THENCE 42.77 FEET ALONG SAID CURVE,WITH A
DELTA OF 16°54'00 AND THE LONG CHORD BEARS 5 37-30-59"W,42.61 FEET;THENCE S 29'03'59"W,53.23 FEET TO THEBEGINNING OF A 125 FOOT RADIUS CURVE, I
ID CURVE,WITH A
DELTA NORTHWESTERLY;
TA OF 42''2 31-,AND THE LLONG CHORD BEARS S 0-fi 15"W,90.42 FEET THENCE S 71'28'9 NG '0"W,52 95 FEET TO THE '
BEGINNING OF A 145 FOOT RADIUS CURVE,CONCAVE SOUTHEASTERLY;THENCE 98.12 FEET ALONG SAID CURVE,WITH A '
DELTA OF 38'46'18-,AND H LONG CHORD
NORTH RIGHT-OF-WAY LINE OF HIGHWAY#30E FEET;WITH SIDELINES AT EACH ENDOFH THE
E EASEMENT BEING EXTENDED OR
SUBTENDED TO TERMINATE AT THE PROPERTY LINES, /
NOTE: BEARINGS SHOWN HEREON ARE GRID IOWA STATE PLANE,NORTH ZONE. /\`_C4
CURVE TABLE
CURVE# LENGTH RADIUS DELTA CH LENGTH CH BEARING
C1 98.12' 145.00' 38°46'18" 96.26' S52'05'21"W
22'TEMIIORARY
C2 92,52' 125.00' 42°24'31" 90.42' S50°16'15"W // /Sh CONSTRUCTI N EASEMENT
C3 42.77' 145.00' 16"54'00" 42.61' S37°30'59"W
C4 159.13' 205.00' 44°28'33" 155.17' 523°43'43"W
CS 132.65 245.00' 31°Ol'16" 131.03' 517°00'04"W ya2 //Spy
/ —C3
0) / I
_
I _—C2
I� i�vJ 529 FOUND R.O.W.NAIL d/
S 32°42'12"W---, /� / _ 0 50 100
35.70' / US HIGHWAY 30 R.O.W. VARIES HORZ.
SCALE FEET
FOUND R.O.W.NAIL
erebY ceNlty that this land surveying document was
Ledermy 11,ke.GL2atedfilsuperk was ionandformedMAP OF TEMPORARY CONSTRUCTION EASEMENT
pUGHIHIq er my ersanal supervision and that ltSsl �ri y�' ens nd Su under the laws of the... a E 1/2 OF THE NW 1/4 OF SECTION 15-83-24
WO fr EUGENE iN SHEET
DREYER rS c First Last ■
q 17535 jjn�` REG.NO. 17535 DATE Q®��®� 1519 BALTIMORE DRIVE 1
,. ` MY LICENSE RENEWAL DATE IS 12/20/2020 o MENK
AMES,IOWA 50010 OF
*............... 7t.�` (515)233-6100
�IOWtAtStyS�`v` PAGES OR SHEETS COVERED BYTHIS SEAL: 1
THIS SHEET