HomeMy WebLinkAboutA001 - Electricity Transmission and Distribution Easement . RETURN TO: INST.NO0 0 3 3 7 AMES CITY CLERK STORY COUNTY,IOWA
BOX 811 (p FILED FOR RECORD
AMES IOWA 50010
1 AM MAR 0 1 2002 rfl
SUSAN L.VANDE KAMP,RemderSV---
REC.FEE$a.OOAW.FEE$
DO NOT WRITE IN THE SPACE ABOVE THIS LINE,RESERVED FOR RECORDER
Prepared by: John R.Klaus,City of Ames Legal Departrnent,515 Clark,Ames,Iowa 50010(Phone: 515-239-5146)
ELECTRICITY TRANSMISSION AND DISTRIBUTION EASEMENT
KNOW ALL MEN BY THESE PRESENTS:
The undersigned Owners,The City of Ames d/b/a Mary Greeley Medical Center, its successors
and assigns, for and in consideration of$26,698.00, 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.
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The easement shall consist of a strip of ground 19 feet in width located on and across a portion of
the part of Parcel"C" 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.
Grantee agrees to indemnify and hold Grantor harmless as to all loss, damage or expense
sustained by Grantor and as to all liability of Grantor to third persons by reason of damages or injuries to
persons or property resulting from the Grantee's exercise of the rights granted to Grantee under this
Agreement.
The easement rights granted under this Agreement to Grantee are nonexclusive. This Agreement
shall not preclude Grantor from granting similar easement rights to third parties upon terms and
conditions that do not impair or diminish the rights granted under this Agreement to Grantee.
BY: zeezl;67 BY:
6ci D cke-r
Vice f��es'denf/(�Fd
STATE OF !-
COUNTY OF c-,4t)1Ct�___ °SS:
On this ?Qnd day of 20--�L,before me,the undersigned,a Notary Public in and for the State ofJZIW Ct- personally
appeared lbi-e-K4 an to me personally known,who,being by me duly sworn,did say that
they are the Vice Res,,Aentl espcutivety,of the corporation executin the foregoin instrument;that the
instrument was signed on behalf of the corporation by authority of its Board of Directors;that Frl -D t -wid---
cknowledged the execution of the instrument to be their voluntary act and deed of the corporation and of the
fiduciary,by it,by them and as the fiduciary voluntarily executed.
� �kA,
Notary Public in and for L& County, 1j 0,—
TARA WIRTH
Notarial Seal -Iowa
Commission#184976
My Commission Expires ��
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IOWA DEPARTMENT OF TRANSPORTATION
r ACQUISITION PLAT =
EXHIBIT "A" "\
COUNTY STORY STATE CONTROL NO.
PROJECT NO. STP-U-0155(637)--70-85 PARCEL NO. 14
SECTION 01 TOWNSHIP 83N RANGE 24W
ROW - FEE xx EASE 8,240 SO. FT. EXCESS - FEE XX AC
ACQUIRED ACCESS RIGHTS FROM STA. TO STA. MAIN LINE SIDE
ACQUIRED ACCESS RIGHTS FROM STA. TO STA. SIDE ROAD SIDE
ACQUIRED FROM CITY OF AMES
DBA MARY GREELEY MEDICAL CENTER
i
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:-d •----------••- POINT OF BEGINNING
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i SECTION�01-03-24
^-E. 13TH STREET'^- i FIND CUT 'X'
STA.152+90.64,6.77'RT.
S 89'25'48"E_._._._._ - -- S00-01'04"E
19.00' 39.63'
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,• S89'58'56"W
EXISTING 25'X35'— t� (
a UTILITY EASEMENT [', EXISTING 45.00'
LL FOR TRAFFIC LIGHT i RIG - - _
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z [ ti CURVE B DAOlo34'00-LT.
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-a T s 123.04'
$o j L =246.OT'
R = 8999.84'
�-a [,' P.C.STA.- 146+32.TT
^� ['. P.T.STA.- 146+T8.84
P.I.STA.■ 147+55.81
Q ti3• �O�p •, Uu !o € CURVE A DATA
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or', c i$ &m 01°34'00•RT.
a T 123.03'
W R =8998 84'
NO $� $ i t P.C.STA.* 143+86.T3
zI', ca i P.T.STA.- 146+32.TT
N P.I.STA.= 145+09.T6
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0-00 19.00' PERMANENT c
ELECTRICITY TRANSMISSION (% !
& DISTRIBUTION EASEMENT—•�,! ` EAST LINE NE FRL 1/4
SECTION 01-83-24
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[ hereby certify that this land surveying
docurent was prepared and the related surveying
wank was performed by me or under Illy direct
supervision a,4 that I =a duty Iicensed Land
Surveyor under the laws of the State of [ova.
LAND Sp�`��o9
MICHAEL G. Michael G. deter. L.S. Dote
GEIER License Number 11804
SW COR. PARCEL "Y" 11804 My License Renewal Dote is Deceeber 31. 2001
Pages or sheets covered by this seal:
REV. 11-01-01 GAL
REV. 10-02-01 GAL
DATE DRAWN 3-07-01 KSV
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STORY COUNTY
PROJ.NO. STP-U-0 15 5(63 7)-70-85
PARCEL NO. 14
THE PERMANENT ELECTRICITY TRANSMISSION AND DISTRIBUTION EASEMENT
GRANTED IS TO LAND DESCRIBED AS FOLLOWS:
A part of Parcel"C",all in Section 1,Township 83 North,Range 24 West of the 5"P.M.,in the
City of Ames,Iowa,as shown on the Plat of Survey in Book 13,Page 212,as Instrument No.96-
02672 filed in the office of the Recorder of Story County,Iowa,and described as follows:
Commencing at the Northeast Corner of said Section 1,Thence South 00'01'04"East along the
east line of said Section 1, 39.63 feet;Thence South 89058'56"West,45.00 feet to the
intersection of the existing westerly right-of-way line of Dayton Avenue and the existing
southerly right-of-way line of East 13''Street and the Point of Beginning;Thence South
00001'04"East along said existing westerly right-of-way line,418.48 feet;Thence South
32006'16"West, 35.73 feet;Thence North 00001'04"West,448.94 feet to a point on said
existing southerly right-of-way line;Thence South 89°25'48"East along said existing southerly
right-of-way line, 19.00 feet to the Point of Beginning and containing 0.19 acres(8,240 S.F.).
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