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HomeMy WebLinkAbout~Master - Transmission Line - Uthe Development Company, LLC 1 00 - 12840 INST.NO. STORY COUNTY,lO FILED FOR RECORD A AM NOV 16 2000 Xk SUSAN L VANDE KAMP,Recorder .w.J REC.FEE$ I.00 UD.FEE$ RETURN To: DO NOT WRITE IN THE SPACE ABOVE THIS LINE,RESERVED FOR RECORDER Prepared by:Richard Myers,Myers&Associates,4512 4911 St.,Des Moines,IA 50310(Phone: 515-278-8860) TRANSMISSION LINE EASEMENT Parcel No. State of Iowa Work Req.No. County of Story Project No. Section 28 Sub No. Township 84N North Draft No. Range 24 West of the 5`h P.M. KNOW ALL MEN BY THESE PRESENTS: The undersigned Owners(s)UTHE DEVELOPMENT COMPANY, L.L.C. and the undersigned Tenant(s) for and in consideration of One and no/100----------------------------------------d ollars($1.00)do hereby grant to the City of Ames,Iowa, its successors and assigns,an easement for the purpose of and including the right to construct,reconstruct,maintain,operate, enlarge,repair, locate, and remove and replace wires and cables for the transmission of electric energy,and for communications purposes,and any poles, structures, foundations and other equipment incidental thereto,(hereinafter collectively referred to as the "Line")upon,over,along,and across certain real estate described below,together with the right to enter upon said real estate for the purpose of constructing, reconstructing,maintaining,operating,enlarging,repairing, locating,and removing and replacing the Line,the right to trim or remove(with reasonable care)such trees or other vegetation as may interfere with the proper maintenance and operation of the Line,and the right to remove from the strip of land specifically described below any obstruction, including buildings, fences,and other structures,which interfere with the maintenance and operation of the Line, and including but not limited to the right to sell, lease, apportion or subdivide its rights(or any part thereof)hereunder. The City of Ames agrees that it will repair or pay for any damage to crops, fences,or other property of the undersigned caused by the construction,reconstruction,maintenance, operation, enlargement,repair, location,or removal and replacement of the Line, except any obstructions placed subsequent to the granting of this easement. Grantors agree that they will not construct or place any buildings, structures,plants, or other obstructions on the property described below which would result in a violation of the minimum clearance requirements of the National Electric Safety Code or would interfere with the operation and maintenance of the Line. The City of Ames, its contractor or agent,may enter said premises for the purpose of making surveys and preliminary estimates immediately upon the execution of this easement but the easement shall not otherwise be operative nor shall construction begin until the full consideration is paid. This agreement shall become binding upon all parties hereto,their heirs, successors and assigns,and shall terminate upon the permanent removal or abandonment of the line. The easement shall consist of a tract of ground 30 feet in width and to be located on and across a portion of the North '/2 of Section 28,T84N,R 24 W,City of Ames, Story County,Iowa,being more particularly described on the attached description marked Exhibit A and by this reference made a part hereof. J � . EXHIBIT A Easement to consist of a 30 foot tract of ground with the center of said tract beginning at a point Approximately 1610.46 feet East of the Southwest corner of the NE t/4 of Section 28,T84N,R24W, City of Ames, Story County,Iowa; extending thence N 00degree 37' 55"E a distance of 529.83 feet; Extending thence N 27 degrees 50' 38"W a distance of 2370.55 feet to the Northerly line of the NE '/4 Of said Section 28,said 30 foot tract lying adjacent to and running parallell with the Southwesterly Right-of-way line of the Union Pacific Railroad(formerly the Chicago&Northwestern Railroad. Oo - 12 840 a ) Dated this � day of BkV-,2000 UTHE DEVELOPMENT COMPANY,L.L.C. q Z " I So CLW"� Social Security/Tax ID Social Security/Tax ID Social Security/Tax ID STATE OF IOWA, STORY COUNTY ss: On this day of , 20&Z,before me, a notary in and for said county, personally appearedd L r(,,�, Lt 1;�, �ir'�z i , to me personally known,who being by me duly sworn or affirmed did say that that person is Lam_-a z of said limited liability company and that said instrument was signed on behalf Qf the said I&ited liability company by authority of its managers and the saidCkk rlgCS ��k Wa owledged the execution of said instrument to be the voluntary act and deed of said limited liability company by it voluntarily executed. o ary Public 4inan r Story County, Iowa qg� `% dOAN 1.1NGWERSEN MY COMMISSION XPIRES w UN+ 00 - 12 8 4 0 3 a , j 1 THE GRANTOR SHALL HAVE THE STATUTORY RIGHT UNDER IOWA CODE CHAPTER 478 TO CANCEL THIS AGREEMENT BY MAILING A NOTICE OF CANCELLATION TO THE CITY OF AMES BY CERTIFIED MAIL WITH RETURN RECEIPT REQUESTED. THE NOTICE MUST BE RECEIVED BY THE CITY OF AMES WITHIN SEVEN(7)DAYS EXCLUDING SATURDAY AND SUNDAY TO BE EFFECTIVE. THE GRANTOR ACKNOWLEDGES RECEIPT OF THIS WRITTEN INFORMATION ON THE RIGHT OF CANCELLATION PRIOR TO EXECUTION OF THIS AGREEMENT AND FURTHER ACKNOWLEDGES RECEIPT OF THE FORM IN DUPLICATE THAT CAN BE USED TO GIVE NOTICE OF CANCELLATION TO THE CITY OF AMES. Grantor byrA 00 - 12840 (4)