HomeMy WebLinkAbout~Master - Transmission and Distribution Easement for Dayton Avenue Improvement Projectr .
*, 4
02 - 02563
INST.NO.
RETURN TO: STORY COUNTY,tOWA
S3 FILED FOR RECORDAME Q
BOX 811 CITY CLERK 1'O'�AM FEB 1 4 2002
BOX
AMES IOWA 50010 SUSAN L VANDE KAMP,Recorder Ste'
REC.FEE$2.6_AUD.FEE$ :=
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, Corwin V. Stephan and Kay M. Stephan, husband and wife, 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.
J:\2000_projects\100.0668\ROW\Parcels\4 Stephan\ELECTRICITY EASEMENT.doc
a
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 15-30 feet in width located on and across
a portion of Lot 1, Block 3, 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
COUNTY OF or, SS:
On this 2 day of '14^ of 200_ before me, a Notary Public in and for the State of Iowa, personally
appeared ,. .,,-` and (� S {, , to me known to be the person named
m and who executed the foregoing instrumen, and acknowledged that �y�� and
executed the same as voluntary act and deed.
Notary Public in and for County, .
DME L
APPROVED A8 TO FORM
J:\2000_projects\100.0668\RO"arcels\4 Stephan\ELECTRICITY EASEMENT.doc �y
John FL Kk s
STORY COUNTY
PROJ.NO. STP-U-0155(637)-70-85
PARCEL NO. 4
THE PERMANENT ELECTRICITY TRANSMISSION AND DISTRIBUTION EASEMENT
GRANTED IS TO LAND DESCRIBED AS FOLLOWS:
A part of Lot 1,Block 3 in Landfill Addition ,being an official plat in the City of Ames, Story
County,Iowa, and described as follows:
Beginning at the Northeast Corner of said Lot 1, said point being on the existing westerly right-
of-way line of Dayton Avenue;Thence South 06113'00"East along said existing westerly right-
of-way line, 130.05 feet;Thence North 89140'48"West, 30.00 feet;Thence North 00°24'29"
East, 129.20 feet to a point on the existing southerly right-of-way line of Edison Street;Thence
South 89°41'56"East along said existing southerly right-of-way line, 15.00 feet to the Point of
Beginning and containing 0.07 acres(2,907 S.F.).
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P925 e.3
IOWA ULPARIMLNI Uf IRANSPOR(AIION
' ACQUISITION PLAT
EXHIBIT "A"
COUNTY STORY _ STATE CONTROL NO,
PROJECT NO. STP-U-0155(637)--70-85 PARCEL NO. __4
SECTION 01 _ TOWNSHIP83N _ _ RANGE.___,24W
ROW - FEE xX AC, EASE_2.907 SO. FT.� EXCESS FEE__. _xX AC
ACOUIRED ACCESS RIGHTS FROM STA. _ TO STA. _MAIN LINE --__.___ —_ _._SIP!
ACQUIRED ACCESS RIGHTS FROM STA. To STA. SIDE ROAD ___ ____ SIUI
ACQUIRED FROM CORWIN V. & KAY M. STEPHAN
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EAST LINE OF SE 1/4
SECTION 01-83-24
^-EDISON STREET^- c< N 00°00'16" E
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zo NE COR. LOT 1
P� FND. 1" GAS PIPE +
S89°41'56'E POINT OF ! tO
15.00'� BEGINNING ' o
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vt j E I hereby certify that this land surveying
document was prepared and the related surveying
w work wo perforsled by me or under my direct
C.)0-a- sLgwvIaIon and that I am a duly licensed Land
Surveyor under the laws of the State of Iowa.
(S)
0 50 Michael G. Geier. L.S. Date
License Number 11804
Ny License Renewal Date is December 31. 2001
SCALE Pages or sheets covered by this seal:
DATE DRAWN 10-02-01 GAL
0,\1000668\c°d0\1000668004.8<q
R
10/O2001
CITY OF AMES, IOWA
DONATION OF Permanent Easement or Property
PARCEL: DATE: /-o2/ , 200A
PROJECT: Name & # tyi U {gyp '�*e-
OWNER: Owner
ADDRESS: # Street A51 PL EAU-)i .
City, State Zip pfyraS, I ,�
and described on the Acquisition Plat attached hereto:
As owners of real estate needed for the above referenced project and parcel, and acknowledging the
fact that (1) (We) are entitled to just compensation based upon an offer to purchase of the subject
real estate,nevertheless, desire to donate the right-of-way. (I) (We)waive such compensation and
will execute the necessary conveyancing instruments to transfer said right-of-way in the C ib of
AVL s, - r County, Iowa.
This donation to the C i-im of Amiss a5hrj County, Iowa, is made
without any coercive actiA of any nature.
OWNER'S ACKNOWLEDGEMENT: Signed this Z� day of ���. , 200Z,
Z
Z
By: By:
Owner Own
STATE OF IOWA )
) SS
COUNTY OF POLK )
On this Z�— day of 2, 20 0 Z ,before me the undersigned, a Notary Public in and for
the State of Iowa,personally appeared CloRa,,,l S7rrph�it/ and A,54v Sr�s�iyr�y
to me known to be the identical persons named in and who executed the same as their voluntary act
and deed.
Notary Public IL
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JA2000 projects\100.0668\ROW\Documents\donation2.doc Q� S