HomeMy WebLinkAbout~Master - Transmission and Distribution Easement for Dayton Avenue Improvement Project "
• 02 02567.
RETURN TO: INST.No. COUNTY,TORY
AMES CITY CLERK SFILEED FOR REC A RECORD
Sj D
BOX AMES8IOWA 50010 � FEB 14 2002
SUSAN L VANDE KAMP,Rwordels�
REC.FEE$!�I-to AW.FEE$,�
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, Hajoca Corporation, 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. 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.
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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 Six (6) feet wide by -five 75) feet
in width located on and across a portion of the part of Parcel "B" of Part of the Northwest
Fractional Quarter of the Northwest Quarter of Section 7, Township 83N, Range 23W, 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.
14 tA (;.0APgP-A-7)0N
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BY: BY: �^- -� IQ•
1/i�C r'/:[S1ut J' j 1�1=5'ST�°�Y SL-c7�rTf� G�
STATE OF E,cJ,yW4✓A,uCOUNTY OF 6oei�,e,,SS:
L On this Qeday o ,udf1R , 200,1 before meAq,
undersigned, a Notary Pub 'c in and for the State of
Y[✓li�i� personally appeared �isro/°h�i2 and Gf�r�i ,y J ,ej� to me
personally known, who, being by me duly sworn, did say that they are the �,� _%iei,DJf- and
/fTsRiPi9 'respectively, of the corporation executing the foregoing instrynentl"that the ins"ment was
si n d on beh of the corporation by authority of its Board of Directors; that /XIS and
� - Act And deed of the
��2d! /�Et°Tz acknowledged the execution of ment to be tlreit: yta� �
corporation and of the fiduciary,by it,by them and as the fid ci luntan y execut
lC�t'
Notary Public in and fKr Yny RX ouoty, YAW
MARY P.OWMLL,Notary Public
J:\2000_projects\100.0668\ROW\Parcels\24 Hajoca Corp\ELECTRICITY EASEMENT.doc Lower Merton Twp.,Montgomery County
My Commission Expires May 12,2003
P'p3e- -2-
IOWA DEPARTMENT OF TRANSPORTATION
ACQUISITION PLAT
EXHIBIT "A"
COUNTY STORY STATE CONTROL NO. _.____
PROJECT NO. STP-U-0155(637)--70-85 __PARCEL NO. 24
SECTION 07 TOWNSHIP 83N — RANGE _ 23W
ROW - FEE _ XX AC, EASE 450 SO. FT. X, EXCESS - FEE—XX —..AC
ACQUIRED ACCESS RIGHTS FROM STA. — 10 STA. MAIN LINE —.. ___ SIIIE
ACQUIRED ACCESS RIGHTS FROM STA. _ TO STA. SIDE ROAD —.SIDE
ACOUIRED FROM HAJOCA CORPORATION
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FND. LEAD PLUG
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POINT OF BEGINNING j N N89°35'24"E 12-�g $'�'1Z
75.00'
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10.00' x 75.00' PERMANENT
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I hereby certify that this land surveying
document Was prepared and the related surveying
work was performed by Ire or under my direct
on and that I am Q du
nsed Land
$surveyoriunderthelaws of thls e state of Iowa.
�0e_ _
100 Michoel G. Geier. L•S• Dote
License Number 11804
My License Renewal Dote is DeceOber 31. 2001
SCALEPages or sheets covered by this seal:
' towa
DATE DRAWN 10-02-01 GAL
d,N110oo606Nc°dd�i00066e024.°°0
10to"2001 e
STORY COUNTY
PROD. NO. STP-U-0155(637)—70-85
PARCEL NO. 24
THE PERMANENT ELECTRICITY TRANSMISSION AND DISTRIBUTION EASEMENT
GRANTED IS TO LAND DESCRIBED AS FOLLOWS:
A part of Parcel "E"of Part of the Northwest Fractional Quarter of the Northwest Quarter of
Section 7,Township 83 North,Range 23 West of the 5d'P.M., in the City of Ames,Iowa, as
shown on the Plat of Survey in Book 13,Page 234, as Instrument No. 96-03906 filed in the office
of the Recorder of Story County,Iowa, and described as follows:
Commencing at the Northwest Corner of said Section 7,Thence South 00°10'21"East along the
west line of said Section 7, 125.97 feet;Thence North 89°49'39"East,40.00 feet to a point on the
existing easterly right-of-way line of Dayton Avenue; Thence South 00°10'21"East along said
existing easterly right-of-way line, 204.20 feet to the Point of Beginning;Thence North
89°35'24"East, 75.00 feet; Thence South 00110'21"East, 6.00 feet; Thence South 89°35'24"
West, 75.00 feet to a point on said existing easterly right-of-way line;Thence North 00°10'21"
West along said existing easterly right-of-way line, 6.00 feet to the Point of Beginning and
containing 0.01 acres (450 S.F.).
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