HomeMy WebLinkAbout~Master - Transmission Line - Uthe Development Company, LLC 01 - 10491
INST.NO.
SILF RC °"A
FILED FOR M
RET TN OF �g AUG 01 2001 PM a
C
BOX 811
BOX 1 50010-0811 SUSAN L.VANDE KAMP,Recorder
AmEF0.FEE S •M A.UD.FEE
DO NOT WRITE IN THE SPACE ABOVE THIS LINE,RESERVED FOR RECORDER
Prepared by: John R.Klaus,City of Ames Legal Department,515 Clark Avenue,Ames,Iowa 50010(Phone: 515-239-5146)
Address Tax Statement To:City of Ames,Iowa,515 Clark Avenue,Ames,Iowa 50010
TRANSMISSION LINE EASEMENT
KNOW ALL MEN BY THESE PRESENTS:
The undersigned Owners,Uthe Development Company,L.L.C.,its successors and assigns,for
and in consideration of One dollar($1.00)and other good and valuable consideration,receipt of which
is hereby acknowledged, 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.
i
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 strip of ground 30 feet in width located on and across a portion
of the North `/z of Section 28, T84N, R24W, City of Ames, Story County, Iowa, more particularly
described on the attached description marked Exhibit A and by this reference made a part hereof.
UTHE DEVELOPMENT COMPANY,L.L.C. STATE OF IOWA, STORY COUNTY ss:
'ZX On this � day of -- � 2001,before
me, a Notary Public in and f r the State of Iowa,
By: 0)1� a, personally appeared Charles E. Winkleblack and
Charles E. Winkleblack, Manager Robert K.Friedrich,Jr., to me personally known,who
being by me duly sworn or affirmed did say that these
persons are Managers of said limited liability company
By: and that said instrument was signed on behalf of the
Robert . Friedrich r., Manager said limited liability company by authority of its
managers and the said Charles E. Winkleblack and
Robert K.Friedrich,Jr.acknowledged the execution of
said instrument to be the voluntary act and deed of said
limited liabi ity company by it voluntarily executed.
otary Publiciin and for Story tounty,Iowa
1777F CA SA?CLAY
XPI
Uthe Development Transmission Line Easement-072001 1 J7 �ES
�g �
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 by��
�g 3
PREPARED BY: NICHOLAS R. KONRADY, WHKS & CO. 1421 S. PLLL, SUITE 103, AMES IA 50010 PHONE 515-663-9997
MAP OF UTILITY EASEMENT
N 1,,4 COR. SEC. 28-
T84N-R24W REC. AS
I�2'� REBAR WITH CAP 0 00 400
#6586
REC.
N89°54'05"E SCALE: 1 " = 400'
527.01 CAP LEGEND
' — #6586
Section Corner as noted. . . . . . . . . . . . . A
N'LY LINE OF Recorded as iron pipe. . . . . . . . . . . . . . .0
NE 1'4 SEC. 28 Recorded as iron rod . . . . . . . . . . . . . . .
SW'LY R.O.W. Record survey information. . . . . . . . . . .REC.
LINE UPRR NOTES
1. This map depicts the location of a 30 ff.
3� wide perpetual utility easement in the
NE 1.,4 of Sec. 28-T84N-R24W of the 5th
P.M. . City of Ames. Story County Iowa.
I
2. Description of the easement written
by others and provided by the owner.
3. Perpetual easement part of
N., A tract described in Court Officer Deed
° v filed June 1 , 2000, Instrument No.
00--05 8 8 5, office of Story County
ro Recorder, Nevada, Iowa.
CID
N �9r 4. Perpetual easement encumbers 1 .96
LU Nir� !Po acres.
o 5. X-hatching denotes perpetual easement
area.
4-
o '
ul
0
30' WIDE PERPETUAL
cal UTILITY EASEMENT -
3
0
I
CAP
#3417 W'LY LINE OF CITY
OF AMES WATER
I � TOWER TRACT
w
E 1,,4 COR. SEC. 28-T84N-
SW COR. NEI/4 SEC. 28-T84N- WILY LINE OF Lu; R24W REC. AS PK NAIL IN
R24W FOUND Sig' REBAR BLOOMINGTON o o Ln A.C.C. PAVEMENT?
WITH YELLOW PLASTIC ROAD - 30 -CAP
CAP #8136 i #47 _. /
- - - - - - - - -- r
REC. S89'21 '34"W 1625.46' -'
REC. S89°21 34 W 2608.60
' BLOOMINGTON RD.
���•QNP�ENG�/yFF OWNER:
LITHE DEVELOPMENT COMPANY. L.L.C.
�:•• •9 EASEMENT REQUESTED BY:
NICHOLAS R. S;O CITY OF AMES
oai KONRADY ;c'=
U1. 9029 I hereby certify that this land surveying document
was prepared by me or under my direct personal
�J�• ;'�� supervision and that I am a duly licensed Land Surveyor
��'• •• ��+` under the laws of the State of Iowa.
•••®.°bye°°®••' �`�`
71�'������4liflill➢111 t i�y��"„++�```,
rZ 1 K & CO. Nicholas R. Konro . PE/PLS Da e
License number 9029.
ENGINEERS-PLANNERS-LAND SURVEYORS My license renewal date is December 31 , 2002
AMES,IA MASON CITY,IA ROCHESTER,MN DUBUQUE.IA Sheets covered by this seal : 1
P43 / JOB N0. 579 SHEET 1 off 1 1
EXHIBIT A
Fifteen feet on both sides of a line beginning at a point approximately 1610.46 feet East of the
Southwest corner of the NE'/4 of Section 28, T84N, R24W, City of Ames, Story County, Iowa;
extending thence N 00°37'55" E a distance of 533.46 feet; extending thence N 27°50'38" W a
distance of 2366.29 feet to the Northerly line of the NE '/4 of said Section 28,said 30 foot wide strip
lying adjacent to and running parallel with the Southwesterly right-of-way line of the Union Pacific
Railroad(formerly the Chicago &Northwestern Railroad).
Uthe Development Transmission Line Easement-072001
rev.072301
P95