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HomeMy WebLinkAboutA001 - Electricity Transmission and Distribution Easement 02 - 04865 RETURN TO: INS?.NO,CITY OF BOX 811 AMES �©ED FOR RECORD AMES IA 50010-0811 MAR 2 g 2002 PM 1 .1W SUSAN L.VANDE KAMP,Recorder REG.FEE$I&AUD.FEE$ 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, Manatts. 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, 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 the location of any future poles placed by the City of Ames Electric Services Department resulting in more than two utility poles on the described real estate must be pre- approved by the Grantor. In the case of an emergency situation, duration and placement of poles will be limited to the immediate emergency need, and Grantor will be notified of the situation. The City of Ames agrees that no electric facilities will be placed as to damage the existing landscaped pond area. 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 J:\2000_projects\100.0668\ROW\Parcels\12 Manatt's\ELECTRICITY EASEMENTrev.doc 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 Nine 9 feet in width located on and across a portion of the Lot 2, Dayton Road Development Subdivision 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 use o give Notice of Cancellation to the City of Ames. I BY: BY: V/V I STATE OF mil,} ,COUNTY OF ,SS: _ On this o2 day of Ft , ,20 b2,before me,the undersigned,a Notary Public in and for the State of J 0I a ,personally appeared TUVyI McAj-)� and — ,to me personally known,who,being by me duly sworn,did say that they are the h 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 V'1-e and -- acknowledged the execution of the instrument to b^their voluntary act and deed of the corporation and of the fiduciary, by it,by them and as the fiduciary voluntarily ex c ed. f �� PAMELA J.BENISNGK �W. MY Comm. Numb Notary Public in and fo County, `[ j}j -)& J:\2000_projects\100.0668\ROW\Parcels\12 ManattVELECTRICITY EASEMENTrev.doc IOWA DEPARTMENT OF TRANSPORTATION " ACQUISITION PLAT ©� EXHIBIT "A" "" COUNTY STORY STATE CONTROL NO. PROJECT NO. STP-U-0155(637)--70-85 PARCEL NO. 12 SECTION 01 TOWNSHIP 83N RANGE 24W ROW - FEE XX X, EASE 8,400 SO. FT. X, EXCESS - FEE XX AC ACQUIRED ACCESS RIGHTS FROM STA. TO STA. MAIN LINE SIDE ACQUIRED ACCESS RIGHTS FROM STA. TO STA. SIDE ROAD SIOE ACQUIRED FROM MANATTS, INC. EXISTING RIGHT-OF-WAY S 8 8.0044"E + Py 0�Pis O� + i Sv S �51'�44"E FNNDC R. OT 2 WITH CAP R8138 F1-1-LL Raw i 0 m 9.00' PERMANENT �; i 8 chi ELECTRICITY TRANSMISSION t Z w t 20 t, DISTRIBUTION EASEMENT--+D• O fL R p C Z p*y� pv,5t0� r• J3ou W I' i< >a U) �O�P qC?1} i� i r�- D x C P��S C O1• CS < w of ,awl, w JimOLLZ � Ct < z Z G' OOi 1 O OW~ >-wC3 zzl• U) c o ma f, --OaJ t ' w w i' EXISTING 45.00' I i RIGHT-OF-WAY �N I• D rr f DOww t U Jdn `• a 6.00' PERMANENT EASEMENT FOR EAST LINE OF NE FRL. 1/4 ROADWAY PURPOSES ( SECTION 01-83-24 I N 00001'04" W t' I• 1' SE COR. LOT 2 F• FNO. 1" GAS PIPE I' EAST y CORNER + ON SECTI 01-83-24 CALCULATED POSITION N 88"51'44'V STA. 136+30.01. 14.00' RT WATT STREET 9.00, N 88 051'4411W +30.9 6.00, I hereby certify that this land surveying doanent was prepared and the related surveying w*ws prfmmed by nti or under sy direct mpervisicn and that I as a duly llowmed Land Surveyor under the lore of the State of Iowa. LAND SU,p` 0 100 /1/ A.1, 2- 11 -OZ Michael A. Michael A. Brooner. L.S. Date Brooner License Nunber 15980 SCALE 15980 My License Renewal Date is Decaiber 31, 2002 IOWA iC Pops or sheets covered by this seal: REV. 02-06-02 GAL REV. 11-21-01 JCC REV. 10-02-01 GAL DATE DRAWN 3-06-01 KSV eA 1000668\1000668012.ecp 02,11/2002 -A 3 STORY COUNTY PROJ.NO. STP-U-0155(637)---70-85 PARCEL NO. 12 THE PERMANENT ELECTRICITY TRANSMISSION AND DISTRIBUTION EASEMENT GRANTED IS TO LAND DESCRIBED AS FOLLOWS: The West 9.00 feet of the East 15.00 feet of Lot 2, in Dayton Road Development Subdivision, being an official plat in the City of Ames, Story County,Iowa, and containing 0.12 acres(5,040 S.F.). J:\2000_projects\100.0668\wp\PARCELI2EAS.DOC11/23/01 8:45 AM