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HomeMy WebLinkAboutA007 - Easement - Judge Farms Located in �'_ �•: Parcel No. S-5-87 State of Iowa Check No. County of Story ' Structures No. Township 84 North 53 Range 24 West of the 5th P.M. Section 32 G � RANSMISSION LINE EASEMENT INST. 01�53 STORYCOUNTY, IOWA KNOW ALL MEN BY THESE PRESENTS: NQ FILED FOR RECORD '� AUG - 81988 The undersigned Owners, JUDGE FARMS (Robert E. Judge and VAAME aIrf� Mary Madonna Judge, Husband and Wife) SWANI � �� and the undersigned Tenant gy Deputy for and in consideration of Three Thousand Five Hundred Twenty Dollars (1/3 Int) ($ 3,520.83) to be paid by the City of Ames, Iowa, a Municipal Corporation do ere y 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 One Hundred & no/100--Dollars ($ h2p, o n) 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 this agreement by mailing a "Notice of Cancellation" to Ames Municipal Electric System by 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 the statutory seven day:- period for cancellation has ex- pired. Dated at g fi a this Jp U day of Ant:4 , 1.98-2 JUDGE FARMS Robelit E. Judge f Mary Mado�(a ge ACKNOWLEDGMENT / W y STATE OF ) 4 COUNTY OF �jtr�y� ) SS p,� On this ,4D� day of A.D. 19 before me, a Notary `Q Notary Public, ersonally app ared �, V A4AAto me know to the person(s) who is (are) n ed in and who e69cut-va the foregoing instrument, and acknowledged that W= y c� the - exe A •01 l voluntar act and deed. 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 89° 49' 06111 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 80° 48' 16" E, 400.00 feet (to a point designated "B") ; thence S 410 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. Jans n P.E. , L.S. Revised: May 15, 1990 (Correction of 3° + Anchor angle) Revised: April 14, 1990 (Alternate route SE'ly @ east end) November 6, 1987 LMD ENGINEERING PLUS o9` EP-FILE #80005-2 (JUDGE-#2.EAS) D. JANSSEN 8136 BGOK.4�.PAGE� EXHIBIT " B" Z z0 070 c� NORTH BAKOTA AVENUE �West Line of the SW 1/4 a N S00'23'37"W o7,-P, Z m� e a IZM oil l 1 (A - I 1 • I � i F' If ' I I ' • OI N04 41'19'E _ to Fence IfA °y 1 J4� East Line of the SW 1 4 /Z i g y O I' �a 'b N' 4 Z 0 1 n 1 CO O o v Description Attached EP — File #80005-2 Judge.dwg N1/2—SW1/4—Sec.32-847 EASEMENT PLAT o Revised for "Jud9 p Y e" Pro ert I `� L of Ames — Iowa Electric Tie Line Ames, Iowa 515-232-8553 i Danger Tree(Trim) Clearance Zone , Low-Growing Trees and Shrubs Permissable ' A MIX' AX X CO I ♦ u 25 25' Right-Of-Way Width TYPICAL TREE CLEARANCE REQUIREMENTS EXHIBIT "C" st?0!t.�... ,...PAGE.....�...�.... w x 7 cm Sj rn �