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HomeMy WebLinkAboutA005 - Easement - Judge Farms Located in Parcel No:. S-5-87 State of Iowa Check No. _ County of Story Structures No. 4 _ Township 84 North_ Range 24 West of the 5th P.M. M INST0 Section 32 Rl',�� � TRANSMISSION LINE EASEMENT +rvsr.No. f11 1 STORY COUNTY,IOWR KNOW ALL MEN BY THESE PRESENTS: A, FILED FOR RECORD The undersigned Owners, JUDGE FARMS (Floyd Taylor andfar$UG - 8 1988 Elizabeth Taylor, Husband and Wife) AHM) and the undersigned Tenant SMN S �p�@r Deputy for and in consideration of Three Thousand Five Hundred Twenty & 83 100Dollars(1/3 Int.) ($ 3,520.83 ) to be paid by the City of Ames, Iowa, a Municipal Corporation do e-fi rely grant to the City of Ames, Iowa, its successors and assigns, the right to construct, maintain and operate electrical transmission lines, and the poles, structures, wires, .and other necessary equipment incident thereto, upon, over, under, along and across certain real estate described below, to- gether with the right to enter upon said real estate for the purpose of con- structing, maintaining or removing said lines and the right to trim or remove with reasonable care, such trees as may interfere with the proper maintenance and operation thereof, and the right to remove from the strip of land speci- fically described below any obstruction, including buildings and other structures, which may interfere with the proper maintenance and operation of said lines. Grantee also agrees that the present grade or ground level thereof will not be changed. In consideration of such grant, the City of Ames agrees that it will repair or pay for any damage which may be caused to crops, fences or other property of the undersigned by the construction, maintenance or removal of said lines. See Attached: Descriptions = Exhibit "A" Easement Plat = Exhibit "B" Trimming Clearance = Exhibit "C" The undersigned acknowledges payment of -- ($ -- ) hereunder, and it is agreed that if the balance of the stated consideration, $ 3,420.83 , is paid ,the undersigned within 365 days from date hereof, this agreement shall become binding upon all parties hereto, their heirs, successors and assigns, but shall terminate upon the permanent removal or abandonment of the supply or transmission line. If the balance of the consideration is not paid as above limited, then the initial payment shall be forfeited to the grantor and both parties shall be released from all further obligation hereunder. The undersigned shall have the statutory right under Iowa Code Chapter 478 to cancel tht agreement by mailing a "Notice of Cancellation" to Ames Municipal Electric System certified mail with return receipt requested. The notice must be received by Ames Municipal Electric System within seven (7) days, excluding Saturday and Sunday, to be effective. The undersigned acknowledges receipt of this written information on the right to cancellation prior to execution of this agreement and further acknowledges re- ceipt of the form, in duplicate, that can be used to give notice of cancellation to Ames Municipal Electric System. Ames Municipal Electric System may enter said premises for the purpose of surveys and preliminary estimates. However, Ames Municipal Electric System shall not begin construction, and shall not file this agreement for record until full consideration is paid and tl�: statutory seven day: period for cancellation has ex- pired. ���� �' � Dated at JUDGE FARMS 60 -By: --� By: Floyd Taylor ' Mary Eliza t Tay r W ru„ ACKNOWLEDGMENT � a ~•. + STATE OF a-� COUNTY OF ) SS �FA. k On this day of A.D. 19Z, bee me, atott Notary Public, personally appeared �,L/ Cj �, � " '0 4NJ %J to me known to be the ers P , :s is Qarel named in and who executed the foregoing instrument, and acknowlel'ge ' that -ChetA executed the same as Gh eyz _ voluntary act and deed. PAGE Z0, No ' -ry Pul)lic in and for sairl Ceunt.y nnd c EXHIBIT "A" EASEMENT DESCRIPTION -------------------- City of Ames Transmission Line Revised for "Judge" Property A Sixty (60) foot wide easement across the North-half of the Southwest Quarter (NJ-SWJ) of Section 32 - T84N - R24W of the 5th P.M. , Story County, Iowa; Thirty-five (35) feet North of and Twenty-five (25) feet South of the following described line: "Commencing at the Northwest (NW) corner of the Southwest Quarter (SWJ) of said Section 32; thence S 00° 23 ' 27" W, 35.00 feet along the west line of the SWJ, to the Point of Beginning; thence S 890 49' 06' i' E, 1 ,792.13 feet along a line parallel with and 35 feet south of the north line of the SWJ (to a point designated "A") ; thence S 800 48' 16" E, 400.00 feet (to a point designated "B" ) ; thence S 41 ° 15 ' 04" E, approximately 715 feet to the east line of the SWJ, and the Point of Ending. " ANCHOR EASEMENTS A Twenty (20) foot wide easement, Ten (10) feet on each side of the following described centerline: "Beginning at the point designated "A" ; thence N 04° 41 ' 19" E, to the north line of the SWJ, as currently occupied by the Judge family. " AND A Forty (40) foot wide easement, Twenty (20) feet on each side of the following described centerline: "Beginning at the point designated "B" ; thence N 280 58' 20" E, 80.00 feet to the Point of Ending. " NOTES: 1 . Bearings are referenced to the State Plane Coordinate System as surveyed in this area by us in 1983• 2. This easement shall also be subject to the attached Exhibit "C" , which covers Typical Tree Clearance Requirements. 3. Easement Plat (Exhibit "B" ) is attached. enneth D. Ja sen P.E. , L.S. TY Revised: May 15, 1990 (Correction of 3° + Anchor angle) Revised: April 14, 1990 (Alternate route SE'ly @ east end) November 6, 1987 ENGINEERING PLUS `'`u"�SG,p EP-FILE #80005-2 (JUDGE-#2.EAS) d KENNETHD. F9 8 1336M iow 8a0K_223..PAGE EXHIBIT00 " z zo 0 NORTH DAKOTA AVENUE `West Line of the SW 1/4 0.CO N Soo•23'37"w IZ �I �i rnI e CA w ii:r I �t I r I , Anabar ,�c PAOt:' � N04'41'tg'E � r o /X _ e2vt Line of the SW 1/4 (0 Co I! W a (ANOW— o c, + �- to A 0 :r Description Attached EP — File #800072 Judge.dwg N1/2—SW1/4—Sec.32-84-24 EASEMENT PLAT ap) 3 R vised for "Jud e" Pro pert e 9 P Y Cityof Ames -- Iowa Electric Tie Line Ames Iowa 515-232-8553 I Danger Tree(Trim) �p1 Clearance Zone x k.4 Low-Growing Trees and Shrubs Permissable ell 25' 25' Right-Of-Way Width TYPICAL TREE CLEARANCE REQUIREMENTS EXHIBIT "C'f" BOOK- PAGE.: 9J c-� Ut ,� a