HomeMy WebLinkAboutA002 - Electricity Transmission and Distribution Easement INST.NO. 03041
RETURN TO: STORY COUNTY,IOWA
CITY OF AMES FILED FOR RECORD 07j rpk\
BOX s FEB 2 2 2002 PM M
I
AMES A 50010-0811 D
SUSAN L.VANDE KAMP,Recorder 6d G
REC.FEE$-&&AUD.FEE$
DO NOT WRITE IN THE SPACE ABOVE THIS LINE,RESERVED FOR RECORDER
Prepared by: John R.Klaus,City of Ames Legal Department,515 Clark,Ames,Iowa 50010(Phone: 515-239-5146)
ELECTRICITY TRANSMISSION AND DISTRIBUTION EASEMENT
KNOW ALL MEN BY THESE PRESENTS:
The undersigned Owners, Universal Harvester Co., Inc., 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,
s, 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 provided,
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however, that Grantors shall retain the right to construct, reconstruct and maintain paved or
unpaved driveways within the easement area for reasonable access from Grantor's property to
and from any public or private roads on or adjacent to the easement area.
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 East 40.00 feet of Lot 5 Block 3 in Landfill Addition of Section 01, Township
83N, Range 24W, City of Ames, Story County, Iowa,more particularly described on the
attached description marked Exhibit A and by this reference made a part hereof.
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.
BY. BY:
STATE OF /Owa. ,
COUNTY OF St-orJ ,SS:
On this 14 day of L-ebnk"K,206Z ,before me,the undersigned,a Notary Public in and for the State
of loy- - ,personally appeared_ flyds A. 4jde8r,,i k., and ,to me
personally known,who,being by me duly swom,did say that they are the and
,respectively,of the corporation executing the foregoing instrument;that the instrument was
signed on behalf of the corporation by authority of its Board of Directors;that Ai-d;s A.1 kideb-�v�L< and
acknowledged the exec ' n of the instrum t to be their voluntary act and deed of the
corporation by it voluntarily executed.
AMY J.WALTER
QpMpIgLon Number 197262 Notary Publi
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` , ACOUlsITION PLATS
EXHIBIT "n"
COUNTY STORY _ STATE CONrROI
PROJECT NO. STP-U-0155(637)--70-85 — __- _PARCEI NO. 2
SECTION 01 TOWNSHIP 83N _ RANG[ _ 24W
ROW - FEE 4.g03 SO. FT. ><, EASE 14,932 SO. FT. EXCESS FEE U AC
ACQUIRED ACCESS RIGHTS FROM STA. TO STA.—_ MAIN LINE SIDI:
ACQUIRED ACCESS RIGHTS FROM STA. — TO STA.,- ____SIDF ROAD SIDE
ACQUIRED FROM UNIVERSAL HARVESTER CO.. INC.
30.00,
S84
�0� 2 4 NBC 2" GAS PIPE
VE
S89'40'48"E
30.00' F6+
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LL 10.00' ACQUISITION 3 BY FEE TITLE i•' i ` 5 E\��
Q 1,• a uS Gin
Cn
0 — \, f.' ! EAST LINE OF SE 1/4
SECTION 01-83-24
$ N 00'00'16" E
EXISTING RIGHT OF MAY
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Oo:W f,
Z Z F'
0¢WZ l'
r J i-U.1 30.00' PERMANENT ELECTRICITY
7_ TRANSMISSION & DISTRIBUTION EXISTING 45.00'
� EASEMENT •',,, RIGHT-OF-MAY
CDOWW
f, ,,
* Y �C034
. "OT 5
GAS PIPE
STA + t"
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SOR'44'43"M
31.98'
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10.66,
SE COR. SEC 01-83-24
FNO. LEAD PLUG ^—E. LINCOLN WAY—
STA. 109+99.98. 13.50' RT.
71
I hereby certify that this land 3UrveYin9
doametlt was prmared and the related strve7ln4
i work was performed by= or UndBr my direct
supervision and that I am a duly licensed Land
Surveyor older the lays of the State of Iowa.
e_ .
M;chael G. Geier. L.S• Date
0 100 License Number 11804
My License Renewal Oate is DeceeOer 3t. 20pt
SCALE ' IOWA Pages or sheets covered by this Sean
REV. 10-01-01 Gnl_
UArF URAIyN 3-06-0 i KSv
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1
STORY COUNTY
PRO1.NO.STP-U-0155(637)-70-85
PARCEL NO.2
THE PERMANENT ELECTRICITY TRANSMISSION AND DISTRIBUTION EASEMENT
GRANTED IS TO LAND DESCRIBED AS FOLLOWS:
The West 30.00 feet of the East 40.00 feet of Lot 5,Block 3 in Landfill Addition,being an
official plat in the City of Ames,Story County,Iowa,and containing 0.34 acres(14,932 S.F.).
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