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HomeMy WebLinkAboutA002 - Electricity Transmission and Distribution Easement 02 - 048fi8 RETURN TO: INST.NO. -4'cr CITY OF AMES STORV-bowlITIOWA M BOX 811 FILED FORRECORD AMES IA 50010-0811 MAR 2 9 2002 PM SUSAN L.VANDE KAMP,Recorder t 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: AMERIGAS EAGLE PROPANE, L . P . (FKA The undersigned Owners,�National Propane, L.P., its successors and assigns, for and in —�A[JD OLUMEJA PROPANE, Lf. P .)consideration of One dollar($1.00) and other good and va ua4e consi eration, receipt o 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\6 Natl Propane\ELECTRICITY EASEMENT.doc 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 feet in width located on and across a portion of the Lot 1, Blockl 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. AMERIGAS EAGLE PROPANE, L. P. (fka National Propane, L. P. and Columbia Propane, L. P.) By:AobR� er iGas Eagle Ho lc 'ngs, Inc. , its general partner BYBY: t H.�Knaugs; Vice President- By7 Paul Gr dy, Sr. Vice President - Law, Associate General Counsel perations, Chief Operating Officer STATE OF IU t,Oi L� t1�Yt�Ik'e"` 117'dt -- LLC �i1-4.Q CXVU11 ,S+=. COUNTY O Y`e,1 , SS: On this �th day of 20C'�-,before me,the unders' ,a Notary Public in and for the State of ' '•u t 6,,personally appeared rl t .>1.Lk&� and � Z�C� ,to me per onally kn ,who,bung by me duly sw001 did say that they are the t "" nd CW�� ( `respectively,oethe corporation executing the foreg ^g instrument;that the instrument wa ed on be alf of the corporation by authority of its Board of Directors;thatt�Q,tL .� and ZL& acknowledged the executi(xfof the instrument to be their voluntary act and deed of o e fiduciary,by it,b 7emd as the fiducilry voluntarily executed. Notary P lic in and fo County, ., �•- U .� z :4 5.Quinn t n wP, ontgcmery County ^ �? i sion Expires Sept.6,2003 J\ZOdO�Loja�ls�+IDOb j�bt01+, d1rcels\6 Nad Propane\ELECTRICITY EASEMENT.doc j r�ti✓ ° //�► ;;r ,:s,Ivurna Association of IOWA OEPARTMENI OF 1RANSPORTATION ACQUISITION PLAT 0 EXHI0I1 "A" COUNTY STORY STATE CONTROL NO. — PROJECT NO. STP-U-0155(637)--70-85 PARCEL NO. 6 SECTION OT TOWNSHIP__. 83N -. RANGE_— 24W ROW - FEE XX AC, EASE 3,990 SO. FT. X. EXCESS - FEE—__XX AC ACQUIRED ACCESS RIGHTS FROM STA. TO STA. MAIN LINE _ —_.SIOI ACQUIRED ACCESS RIGHTS FROM STA. — TO STA. SIOL ROAD —_ —SIDI ACQUIRED FROM NATIONAL PROPANE, L.P. i EXISTING 90' RIGHT-OF-MAY 1 ! Pp NE COR. LOT 1 ! LL FNO. 1" GAS PIPE 'ia + 0 6-Ul O S89'50'41"E c p 15.05' p !Z Y. o + t t !i O i ,' w 6 15.00' PERMANENT ELECTRICITY a w ,a" `pN TRANSMISSION k of, o ix LLLI Op\� DISTRIBUTION EASEMENT +t' JQ P , ODi o i O O LLj \,O� �\'�1 tit cNo 10 Z Z F- 1 a O J Z Z 9\- � a) v1P + Nag \p l�,' o z cow * J d 0.0 ............ ............... N89-48'46"W 15.05' 7V SE CDR. LOT L i \� FND. " GAS PIPE i i EXISTING 70' �Pc�O\t\p gip\ RIGHT-OF-WAY . Pp i •L i Pp0 i i EAST LINE OF SE 1/4 SECTION 01-83-24 N 00100'16" E EDISON STREET I hereby certify that this land surveying docLmnt was prepared and the related surveying work was performed by Ire or under my direct supervision and that 1 am a duly licensed Land Surveyor under the laws of the State of Iowa. ��o LAND S��`Fi MICHAEL G. Michael G. Geier, L.S. Dote o roc GEIER License Number 11804 '1804 WY License Renewal Date is Oeceecer 31. 2001 SCALE * �c Pages or sheets covered by this seal: TOwa 11ATF DRAWN ._10-02__0 1 GAL �(j0p 3 STORY COUNTY PROJ.NO. STP-U-0155(637)-70-85 PARCEL NO. 6 THE PERMANENT ELECTRICITY TRANSMISSION AND DISTRIBUTION EASEMENT GRANTED IS TO LAND DESCRIBED AS FOLLOWS: The East 15.00 feet of Lot 1, Block 1 in Landfill Addition ,being an official plat in the City of Ames, Story County, Iowa, and containing 0.09 acres(3,990 S.F.). J:\2000—Projects\100.0668\wp\PARCEL6EAS.DOC10/04/01 2:28 PM q