HomeMy WebLinkAboutA002 - Electricity Transmission and Distribution EasementI
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INST.NC"
RETURN TO: STORY COUNTY,IOWA
`
FILED FOR RECORD �
AMES CITY CLERK MAY 3 0 Z1lOZ P 1
BOX 811 Ma
AMES IOWA 50010
SUSAN L.VANDE KAMP,R*oardar S VA-'
REC.FEE$Q-0RAUD.FEE L—'
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, Schwertley, Stoutner and Swartz, L.C., 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 20-31 feet in width located on and across a
portion of the part of Lot 3, Matthew Addition, a rgplat of Lot 1, Spencer's Second Industrial
Addition, Section 12, 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 CCcellation to the City of Ames.
BY: BY
STATE OF /otila )
COUNTY OF SS:
On this_�day of J tio-r ,20 62,before me,a Notary Public in and for said county,personally
appeared ai/1 S�ylu)e ri lev and 4a+^I , awt z ,to me personally known,who being by
me duly sworn,did say that they are the P+r and iw{na.✓ ,respectively,of said
Schwertlev, Stoutner and Swartz,L.C.and that said instrument was signed on behalf of the said Schwertlev.
Stoutner and Swartz,L.C.by authority of its managers and the said 601 c5chWe +J T—and
(spa-y 5►�Ar 1-�, acknowledged the execution of said instrument to be the voluntary act and deed of
said Schwertlev, Stoutner and Swartz,L.C.by voluntarily executed.
AMY J.WALTER
Commission Number 197262 Notary Pu li i the State of
• My Commission ExDires
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�WA DUAR I MLN 101 I RANSPOR W I ON
f ACQUISITION PLAT
EXHIBIT "A"
COUNTY STORY STATE CONTROL NO.---__
PROJECT NO. STP-U-0155(637)--70-85 PARCEL NO. 1 - _
SECTION 12 TOWNSHIP _83N —_ RANGE 24W -- ---
ROT - FEE 512 S0. FT, EASE 6,830 SO. FT. , EXCESS - FEF_____X_X AC
ACQUIRED ACCESS RIGHTS FROM STA. 10 STA. — _MAIN I-INF ----___— -__SI()(
ACQUIRED ACCESS RIGHTS FROM STA. �._TO STA. SIDI- ROAD .—.___ - —SIDE
ACQUIRED FROM SCHWERTLEY, STOUTNER, AND SWARTZ, L.C.
L
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EXISTING
RIG STING
i
NE COR. SEC 12-83-24
FND. LEAD PLUG
STA. 109+99.98, 13.50' RT.
^-E. LINCOLN WAY^- NE COR. LOT 3 j
--------------------_--- __-- --S 89°42'21" E- �- - --
10.13'
EASEMENT POINT OF BEGINNING
q+ '
EXISTING .6
RIGHT -WAY a ACQUISITION
589 42'21"E , POINT OF
30.18' i BEGINNING
q+ S A 1p+06.78
66. 0 1 0
i -�
NW CDR. LOT 3F'o ACQUISITION
N BY FEE TITLE
N -Si DO°10'21" E
A ! 101.17'
PERMANENT ELECTRICITY
TRANSMISSION & 12_1 , i
DISTRIBUTION EASEMENT---_�__ i o PN"0 P�"'
08+ 4',. E.
0 1, i
z POINT OF
t 2 + m ! BEGINNING
�O O� 'AN� %. I. i
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7 AIL_ t
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1.S89°49'39"W
OAP 25.00'
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�T N EXISTING 40.00'
fV w �o� 9 RIGHT-OF-WAY
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F 7 1 hereby certify that this land surveying
j a docLmnt was prepared and the related surveying
work was performed by no or under my direct
1iJfY
supervision and that I am a duty licensed Land
(A Cl-C Li I[I lI-
�� i�. _ Surveyor under the laws of the State of Iowa.
(E)
Michael G. Geier, L.S. Dote
o Too
License Number 11804
My license Renewal Date is DeceRber )t. 2001
SCALE Pages or sheets covered by this seal:
REV. 10-01-01 GAL
DATE DRAWN 5-03-01 GAL
°\1000668\ceaa\IOOO668001.eca
10/04/2001
STORY COUNTY
PR03.NO. STP-U-0155(637)-70-85
PARCEL NO. 1
THE PERMANENT ELECTRICITY TRANSMISSION AND DISTRIBUTION EASEMENT
GRANTED IS TO LAND DESCRIBED AS FOLLOWS:
A part of Lot 3,Matthew Addition,a replat of Lot 1, Spencer's Second Industrial Addition,being
an official plat in the City of Ames, Story County, Iowa, and described as follows:
Commencing at the Northeast Corner of said Lot 3,said point being on the existing southerly
right-of-way line of East Lincoln Way;Thence North 89'42'21"West along said southerly right-
of-way line, 10.13 feet to the Point of Beginning; Thence South 05'52'58"East, 101.76 feet to a
point on the existing westerly right-of-way line of Dayton Avenue;Thence South 00'10'21"East
along said westerly right-of-way line, 145.62 feet;Thence South 89'49'39"West, 25.00 feet;
Thence North 00'10'21"West,94.12 feet;Thence North 05'52'58"West, 153.76 feet to a point
on said southerly right-of-way line of East Lincoln Way;Thence South 89'42'21" East along said
southerly right-of-way line, 30.18 feet to the Point of Beginning and containing 0.16 acres (6,830
S.F.).
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