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HomeMy WebLinkAbout~Master - Easement for ISU Pedestrian Bridge Project - University Boulevard Right-of-Way Instri nt tt: 2021-06250 05/18/2921 01.223 31 Pt1 Total Pages 9 EASE EASEMENTS Recording Fee S 47 N Stacie Herridge, Recorder, Story County Iowa mill �4 MCI bit 111119 Ak hm 11 h 11111 Rctum to' Iowa State University 3550 Beardshcar I tall 515 Morrill Rd. Ames. lA 5011 Legal Description: See pages 6-9 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 PEDESTRIAN BRIDGE EASEMENT AGREEMENT JACK TRICE STADIUM—EAST GATEWAY BRIDGE This Pedestrian Bridge Easement Agreement("Agreement")is entered into April 13,2021,by and between the City of Ames, Iowa ("Grantor") and the Board of Regents, State of Iowa for the use and benefit of Iowa State University of Science and Technology("Grantee'). A Grantor holds a 160-foot-wide permanent right of way that encompasses University Boulevard between South )b'"Street and South 4"Street in the Northeast'/,ofthe Southwest '/4 of Section 10, Township 83 North, Range 24 West in Story County, Iowa ("Right of Way"). B. Grantee desires to construct a pedestrian bridge on and across a portion of the Right of Way Grantor supports the construction of the pedestrian bridge and is willing to grant Grantee an easement on and across a portion of the Right of Way in accordance with the terms of this Agreement TERMS 1. Location: Subject to the terms of this Agreement. Grantor grants Grantee an easement that shalt be located upon, through, across and/or over portions of the Right of Way as more specifically depicted in the Permanent Easement Plat, 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, inspecting, maintaining, and repairing a pedestrian bridge The parties acknowledge that the pedestrian bridge will be open to use by members of the public,and Grantor and Grantee may use the pedestrian bridge as other members of the public may use it 3 Access. Grantee's entrance upon Grantor's Right of Way to access the Easement Area shall be over reasonable routes designated by Grantor 2021-06250 EASE 05/18/2021 01:28:51 PM Page 2 of 9 4. Construction Requirements a Construction Coordination.Grantor and Grantee shall coordinate prior to and during construction of the pedestrian bridge.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 pedestrian bridge.Grantor's approval shall not be unreasonably withheld Grantee shall certify that the pedestrian bridge is constructed in substantial compliance 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 tite Right of Way d. Temi3orary Construction Easement:Grantor grants Grantee a temporary construction easement in an area immediately adjacent to the Easement Area as identified in the Temporary Easement Plat,which is attached as Exhibit B, for a period of two years from the date of construction commencement solely for the purpose of constructing the pedestrian bridge However, if Grantee has completed its use of the temporary construction easement prior to the end ofthe two-year 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 constriction easement. c Utilities Crosstn ' 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 Grantor owns a single phase primary underground electric line within the Right of Way that will be protected in place during construction as set forth in the construction plans at Grantee's sole expense.Unite Private Networks owns an underground cable in the Right of Way Grantor shall require Unite Private Networks to relocate the underground cable by no later than August 31,2021 at the sole expense of Unite Private Networks f. Restoration: Grantee shall submit to Grantor for Grantor's approval a copy of Grantee's restoration plans for restoring the Easement Area not utilized for the pedestrian bridge and the temporary construction easement area Grantor's approval shall not be unreasonably withheld Grantee shall ensure that the restoration is in accordance with the approved plans and all restoration costs shall be at the expense of the Grantee 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 Right of Way for other purposes 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 pedestrian bridge or by reason of any other act or omission of Grantee, including, but not limited to, mechanic's and 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 2 2021-06250 EASE 05/18/2021 01'.28:51 PM Page 3 of 9 5 Liability a. Damage to Grantor Property. Grantee shall promptly notify Grantor of any damage to the Easement Area,Right of Way or other real or personal property of Grantor occurring while Grantee is constructing, maintaining or repairing the pedestrian bridge 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 Inspectton, Maintenance and Repair As between Grantor and Grantee, Grantee shall be solely responsible for inspecting, maintaining and repairing the pedestrian bridge and the Easement Area, including landscaping and cleaning and removing snow from the pedestrian bridge. Subject to Section 6, Grantor grants Grantee permission to enter Grantor's Right of Way as needed to inspect, maintain, and repair the pedestrian bridge and Easement Area.Grantee shall provide to Grantor contact infotimation 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 pedestrian bridge c Third Party Claims. To the extent permitted by Chapter 669 of the Iowa Code and other applicable law, Grantee shall indemnify and hold harmless Grantor and its officers, employees,and agents harmless from any claims, liabilities,damages, fines,and expenses arising from the pedestrian bridge, use of the Easement Area by Grantee, or from any tort (as defined in Chapter 669 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 Traffic Control: If portions of South University Boulevard must be closed to traffic in order to construct,inspect, maintain, or repair the pedestrian bridge,Grantee shall notify Grantor Grantee shalt comply with any reasonable requirements of Grantor regarding traffic control. 7 Rights Reserved- Grantor reserves to itself the right to use of Easement Area for any purpose that does not interfere with the pedestrian bridge or Grantee's rights granted in this Agreement. 8 Consideration: In consideration for this easement, Grantee shall pay Grantor $1.00 upon execution of this Agreement. The benefits the pedestrian bridge provides to Grantor, including providing an alternative safe walking route for the general public and decreasing traffic congestion on South University Boulevard 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 50 years so long as the Grantee continues to use the Easement Area for a pedestrian bridge in accordance with this Agreement Grantor and Grantee may mutually agree in writing to renew this Agreement Upon expiration of the easement terns or discontinuation of Grantee's use of the Easement Area for a pedestrian bridge in accordance with this Agreement (i)all rights granted to Grantee shall terminate and revert to Grantor and(ii)Grantee shall remove 3 the pedestrian bridge 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 Pedestrian Bridge Easement Agreement by their lawfully designated officials as of the date first written above. CITY OF AMES,IOWA Passed and approved on Nen� 15 ,2021,by Resolution No. adopted by the City Council of Ames.Iowa. .r, Y *�J 104 OA y ay' 1, i =e�, :sYoss,City Clerk John A. Attila.Mayor ' T OF IOWA,COUNTY OF STORY,SS.: This instrument was acknowledged before me on v t t� ,2021,by Diane R. Voss and John A. Haila,as City Clerk and Mayor,respectively.of the City of Ames,Iowa. Z&-46e 9?4� Notary PZIblic row�O��3 My commission expires: J Q .7 y� MNEE HALL 1 ConaniMion Nurrber 827148 My Cormnlst'a Expires 4 2021-06250 EASE 05/18/2021 01'.28:51 PM Page 5 of 9 BOARD OF REGEN ,STATE OF IOWA By A uive irector STATE OF IOWA,COUNTY OF POLK, SS.. This instrument was acknowledged before me on 2021.by Mark Braun as Executive Dtr or of the Board of Regents. State 6nowa a is �� My Commission expires: tZOZ*Vt unr salld:q uojssiwwo:)Aw tot t is jagwnN uotss1uewo) VAM01•1r05 19VIFION a3nvg NNr N11511I)i 5 SNYDER & ASSOCIATES, INC. SURVEY LOCATED: NE1/4 SW1/4 SECTION 10, TOWNSHIP 83 NORTH, RANGE 24 WEST REQUESTED BY: SUBSTANCE ARCHITECTURE PERMANENT EASEMENT PLAT PERMANENT EASEMENT EAST DESCRIPTION A PART OF THE NORTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 10, TOWNSHIP 83 NORTH, RANGE 24 WEST OF THE 5TH P.M., CITY OF AMES, STORY COUNTY, IOWA AND DESCRIBED AS FOLLOWS: COMMENCING AT THE CENTER OF SAID SECTION 10; THENCE SOUTH 0° 22' 17'' EAST ALONG THE EAST LINE OF SAID SOUTHWEST 1/4, A DISTANCE OF 543.09 FEET; THENCE SOUTH 890 14, 34" WEST, 605.86 FEET TO THE EAST RIGHT-OF-WAY LINE OF UNIVERSITY BOULEVARD AND TO THE POINT OF BEGINNING; THENCE SOUTH 000 45' 26" EAST ALONG SAID EAST RIGHT-OF-WAY LINE, 55.00 FEET; THENCE SOUTH 890 14' 34" WEST, 30.00 FEET; THENCE NORTH 000 45' 26" WEST, 55.00 FEET; THENCE NORTH 890 14' 34" EAST, 30.00 FEET TO THE POINT OF BEGINNING AND CONTAINING 0.04 ACRES (1,650 S.F.). PERMANENT EASEMENT WEST DESCRIPTION A PART OF THE NORTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 10, TOWNSHIP 83 NORTH, RANGE 24 WEST OF THE 5TH P.M., CITY OF AMES, STORY COUNTY, IOWA AND DESCRIBED AS FOLLOWS: COMMENCING AT THE CENTER OF SAID SECTION 10; THENCE SOUTH 01, 22' 17" EAST ALONG THE EAST LINE OF SAID SOUTHWEST 1/4, A DISTANCE OF 543.09 FEET; THENCE SOUTH 890 14' 34" WEST, 740.86 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 000 45' 26" EAST, 55.00 FEET; THENCE SOUTIi 89' 14' 34" WEST, 25.00 FEET TO THE WEST RIGHT-OF-WAY LINE OF UNIVERSITY BOULEVARD; THENCE NORTH 000 45' 26" WEST ALONG SAID WEST RIGHT-OF-WAY LINE, 55,00 FEET THENCE NORTH 890 14' 34" EAST, 25.00 FEET TO THE POINT OF BEGINNING AND CONTAINING 0.03 ACRES (1,375 S.F.), PERMANENT OVERHEAD EASEMENT DESCRIPTION A PART OF THE NORTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 10, TOWNSHIP 83 NORTH, RANGE 24 WEST OF THE 5TH P.M., CITY OF AMES, STORY COUNTY, IOWA AND DESCRIBED AS FOLLOWS: COMMENCING AT THE CENTER OF SAID SECTION 10; THENCE SOUTH 00 22' 17" EAST ALONG THE EAST LINE OF SAID SOUTHWEST 1/4, A DISTANCE OF 543.09 FEET; THENCE SOUTH 890 14' 34" WEST, 635.86 FEET; THENCE SOU1 H 0° 45' 26" EAST, 7.06 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING SOUTH 000 45' 26" EAST, 42.42 FEET; THENCE NORTH 890 59' 59" WEST, 105.01 FEET; THENCE NORTH 000 45' 26" WEST, 42.42 FEET; THENCE SOUTH 890 59' 59" EAST, 105.01 FEET TO THE POINT OF BEGINNING AND CONTAINING 0.10 ACRES (4,454 S.F.). DATE OF SURVEY OWNER BASIS OF BEARING 02-16-21 CITY OF AMES THE EAST LINE OF THE SOUTHWEST 1/4 OF SECTION 10-83-24 IS ASSUMED TO BEAR SOUTH 00 22' 17" EAST FOR THE PURPOSE OF THIS SURVEY. LEGEND I hereby certliy that this land surveying document was prepared and the related survey work was SUrve Found Set performed by me or under my direct personal supervision and that I am a duly licensed Section Corner ♦ Q Ppil.ionaIL d Surveyor under the taws of the 1/2" Rebor, Orange Plastic Cop n19515 to p Q�pQESS1oNAl lgNo ate ofbwa� y� �f f (Unless Otherwise Noted) m� s� Calculated ROW itPant z ERICJ. A� rtcJ.Miller,PLS Date MILLER Plotted Distance P License Number 19515 Measured Bearing & Distance M 19515 My License Renewal Date is December31,2022 Recorded As R Deed Distance 0 4c Pages or shoots covered by this seat: Calculated Distance C f17WA SHEET 1 AND 2 OF 2 Centerline -------------- Section Line — E:osement Line --------- 1Ad-W Tdl^= [+TAMill IRA CAe-r &--ATC1A/AV Qm111/'_`C SHEET 1 OF 2 CENTI_R OF SL('IION-'- SEC. 10-83-24 FND 600 SPIKF 4" DLLP p INS TR. NO. 2013-00014 4 88 J j m ' I I of 10 W I p o I r b z Li I w I ~ i I N N I o I POINT OF BEGINNING j OVERHEAD ENCROACHMENT EASEMENT I POINT OF BEGINNING PERMANENT EASEMENT S89°14'34"W 740.86' (WEST) I S � S89°14'34"W 635.86' S89 59'S9"E S89014'34"W 605.86' Overhead ��-POINT OF BEGINNING u-, 9 Encroachment 6 1 PERMANENT EASEMENT(EAST) Easernent CIA �- 105.01' - 25.00' N89°59'59"W N S89°14'34"W PERMANENT EASEMENT N PERMANENT (EAST) EASEMENT NEI/4 5 �24 (WEST) SEC. 1� I I I LINE TABLE Q S0045'26"E 55.00' j Q S89°14'34"W 30.00' N j ® N0045'26"W 55.00' j ® N89014'34"E 30.00' j © S0045'26' E 7.06' (6) S0045'26"E 42.42' 1 (7) N0045'26"W 42.42' (3 S0045'26"E 55.00' j ® N0045'26"W 55.00' ID N89°14'34"E 25.00' I r r S 1/4 CORNER 60 ± 0-83-24 FND PK NAIL AT (SURFACE f INSTR, NO. 2018-03153 1 J I i` SCALE (FEET) I A AA lti0Af A'N'A !\00 1M■ r A 0%'V' A A TrIAI A\/ !'1r%0r9L/1r CFlFFT 7 f1F 7 SNYDER & ASSOCIATES, INC. SURVEY LOCATED: NE1/4 SW1/4 SECTION 10, TOWNSHIP 83 NORTH, RANGE 24 WEST REQUESTED BY: SUBSTANCE ARCHITECTURE TEMPORARY EASEMENT PLAT TEMPORARY EASEMENT DESCRIPTION A PART OF THE NORTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 10, TOWNSHIP 83 NORTH, RANGE 24 WEST OF THE 5TH P.M., CITY OF AMES, STORY COUNTY, IOWA AND DESCRIBED AS FOLLOWS: COMMENCING AT THE CENTER OF SAID SECTION 10; THENCE SOUTH 0° 22' 17" EAST ALONG THE EAST LINE OF SAID SOUTHWEST 1/4, A DISTANCE OF 425.63 FEET; THENCE SOUTH 89' 14' 34" WEST, 606.65 FEET TO THE EAST RIGHT-OF-WAY LINE OF UNIVERSITY BOULEVARD AND TO THE POINT OF BEGINNING; THENCE SOUTH 000 45, 261, EAST ALONG SAID EAST RIGHT-OF-WAY LINE, 247.59 FEET; THENCE SOUTHERLY CONTINUING ALONG SAID EAST RIGHT-OF-WAY LINE AND ALONG A CURVE CONCAVE WESTERLY WHOSE RADIUS IS 1034.93 FEET, WHOSE ARC LENGTH IS 73.69 FEET AND WHOSE CHORD BEARS SOUTH 010 16' 58" WEST, 73,67 FEET; THENCE NORTH 86° 40' 39" WEST, 160.00 FEET TO THE WEST RIGHT-OF-WAY LINE OF SAID UNIVERSITY BOULEVARD; THENCE NORTHERLY ALONG SAID WEST RIGHT-OF-WAY LINE AND ALONG A CURVE CONCAVE WESTERLY WHOSE RADIUS IS 874.93 FEET, WHOSE ARC LENGTH IS 62.30 FEET AND WHOSE CHORD BEARS NORTH 010 16, 58" EAST, 62.28 FEET; THENCE NORTH 000 45, 261, WEST ALONG SAID WEST RIGHT-OF-WAY LINE, 247.59 FEET; THENCE NORTH 890 14' 34" EAST, 160.00 FEET TO THE POINT OF BEGINNING AND CONTAINING 1.16 ACRES (50,493 S.F.). DATE OF SURVEY OWNER BASIS OF BEARING 02-16-21 CITY OF AMES THE EAST LINE OF THE SOUTHWEST 1/4 OF SECTION 10-83-24 IS ASSUMED TO BEAR SOUTH 00 22' 17" EAST FOR THE PURPOSE OF THIS SURVEY, LEGEND I hereby certify that this land surveying document SUryt?V Found Set was prepared and the related survey work was performed by me or under my direct personal supervision and that I am a duly licensed Section Corner ♦ p P ssional Land Surveyor under the laws of the r 1/2" Rebor, Orange Plastic Cop a19515 O o�Essl°N°t tqy to bw.g. of ,, (Unless Otherwise Noted) qQ� a� J1 x Eric , 1l ROW Rail x x ERICJ. � —Mill ......._ Calculated Point + m 1.Mi11er,PL5 Date MILLER d Platted Distance P z License Number 19515 Measured Bearing & Distance M 19515 My License Renewal Date Is December 31,2022 Recorded As R Deed Distance p Pages or sheets covered by this seal: Calculated Distance C bWA * SHEET 1 AND 2 OF 2 Centerline ------------- Section Line Easement Line ————————- IA^1! 'Tr%1^IIT �+TAi111IRA =As_+T t'+ATC\AIAV' 001r%l%-C SHEET 1 OF 2 j Cl NII-R 017 SECTIONS F ND 600 SPIKL 1t'1'S3-24 DEEP INS f R. NO. 2013 00014488 CN i h- I IN o to 1O z I � , POINT OF BEGINNING I TEMPORARY EASEMENT �- N 89° 14' 34�' E 160.00' -y, _ S89°14'34'_w 606_65' _._._._._�� i , I i I , I , 1 i N I w N� TEMPORARY (.0 Ln N EASEMENT In i � w I �1�4 SUJ1 24 c r, C 10-g3 v, i , I I � I , c� 0 60 , N 86° 40' 39W 160.00' —� SCALE (FEET) I I I 1 I I S 1/4 CORNER SEC. 10-83-24 I FND PK NAIL AT SURFACE �G INSTR. NO. 2018-03153 CURVE TABLE CURVE NO. DELTA RADIUS— ARC LENGTH TANGENT CHORD BEARING/DISTANCE Cl 4, 04, 471, RT 1,034.93, 73.69' 36.86' S 1° 16' 58" W 73.67' C2 4° 04' 47" LT 874,93' 62.30' 31.16' N 1° 16' 58" E 62.28' 1 A ^II F '9"MI +r- nr A r%11 IAM r A e%-r 0%A TIL\A/A V o r%lr%^+ SHEET 2 OF 2