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HomeMy WebLinkAbout~Master - Right of Way Agreement - Single Pole Structure BOOK....1;�,..,..,,..PAG E.,.....2 I n s t r ifs 10 7 09 -' Fe( _ ,2. 50 P RIGHT OF WAY AGREEMENT Tract Ne....................... .�................. (Single Pole Structure) Line.............................:..:........4?&.�s� THIS AGREEMENT,made this ..... ..day of.............. ..... il....................._.. 19..63.., between 't .1J+ tla.... Grantors, and Central Iowa Power Cooperative, Grantee, its successors or assigns, in consideration.of the total sum computed in accordance with the table which follows, and the use of land affected at date of final settlement: For each pole, the center of which is located not more than three feet from the existing property line or Property line fence, or in permanent pasture, or in wooded land, the sum of.............................................................$25.00 Forall other poles..........................._........-....................................................................................-.-................--•---.......................----, 125.00 For each down guy and anchor entering the ground not more than three feet from the existing property line or property line fence or in permanent pasture,or in wooded land, the sum of ..............................................._........... 15.00 For each down guy and anchor in cultivated land, the sum of.......................................... ............. 50.00 For overhang only where no construction will be on the property, per 80 rods or portion thereof .......................... 25.00 of which the sum of.......FOr.ty....Fi.Ve.... d...J3o/100.......•.dollars has been paid to the Grantors herewith by the Grantee [and receipt of which is hereby acknowledged] and the balance of which is payable by the Grantee when construction is completed; do hereby grant, bargain, and convey to Central Iowa Power Cooperative, Grantee, its successors and assigns, the right, privilege and authority to construct, reconstruct, repair, maintain, operate, and remove an electric transmission line consisting of poles, cross arms, insulators, wires, conductors, guy wires, anchors and other necessary fixtures and equipment for transmitting electricity upon, over, and across the following described lands in ...........• Q ..0.0 tY......................_. County, State of Iowa, to-wit:— N* of the Swi Of See. 79 TWP 83 N. , Range 23 "hest of the 5th P. M. The routing of said electric transmission line across the above described real property being as fol lows: 3 anchors about 400 feet West of SW corner of above described property to be placed up next to new line fence. together with reasonable access thereto for the construction, operation and maintenance of said electric transmission line, and to- gether with the right to trim or cut such trees and brush as may be necessary to efficiently construct maintain, and operate said transmission line with the express provision that all trees or limbs of frees or brush within 25 feet of the center line of said trans- mission line, and any other trees beyond 25 feet of the said center line,which in falling would touch the transmission line, may be out. If this agreement is for overhang only, then it is further agreed that if,because of deviation of the fence line,it becomes neces- sary to place poles on this property, they shall be paid for,according to the table shown above. The Grantee, its successors and assigns, shall hold the Grantors harmless from,and reimburse the Grantors for, all damages to real estate, fences, livestock, or crops of the Grantors or their tenant, which may result from the construction, operation, and main- tenance of said electric transmission line, except damages caused by the negligence of Grantors or their tenant. If the parties do not agree, such damage shall be determined by the Township Trustees acting as a Board of Arbitration in said matter. The Grantee shall have the right of necessary access over and across the property of the Grantors to locate, survey, lay out or perform other preliminary and preparatory operations before actual construction of said electric transmission line is commenced. In the event Central Iowa Power Cooperative does not commence construction of said electric transmission line within five years from the date hereof, then this agreement shall be null and void and of no further force and effect, except that the Grantors shall retain the initial payment, hereinbefore referred to, made to them by Central Iowa Power Cooperative. This agreement shall be binding upon the parties:hereto, their heirs, successors and assigns, and continue so long as Grantee or its successors and assigns shall desire to use said line for the transmission of electricity, but shall terminate automatically one year from the date that Central Iowa Power Cooperative abandons and removes its equipment and materials therefrom. Grantor designates.. j'.ZB1;kgth....V$111.1ke....... .................•-............. [name] of....-... E .:.... o a .. . . . .. ......................................... [address] to receive all compensation in connection with this agreement as grantors' agent. IN WITNESS WHEREOF, the Parties hereto have set their hands on the.24.....day of..._.AlW11.............................. 19.E.>l.. C ................................................................................... %��f I i.... th,V�lline ................ .... Grantors Grantprs W. Valline CENTRAL. IOWA POWER COOPERATIVE, Grantee By........... ... ....... .......... . ................ .. Az Agent Altsuth,fie Otto Knudsen STATE OF IOWA, COUNTY OF...B.tOXY ss....._........................ } On this...` ........day of................ p ''.�....................... 19.61,before me, a Notary Public in and for said County and State, personalty appeared .........�.1 MSh5th...3 a1 .... . and Za.... .:.. &3—Uria................. w. . ett to be the persons named in and who executed the foregoing instrument.and acknowledged.that... S�........executed �YL�ii#iii��tf R� fxh!°lr..............voluntary act and deed. • �. Otto Knud,sen Notary Public in and for.:..81..0 ..._...............County, Iowa M 'toinmission expires.......Z ---4.#....�.63j....._............................_....... FINAL PAYMENT RECEIPT We, the undersigned Grantors in the foregoing Right of Way Agreement, dated the .................................................................... day of ............._......_.........................................._.1 19..........,hereby acknowledge payments by the Grantee of the sum of$......._..................................... , being the full amount due from the structure schedule in said Agreement and tabulated herein,and that said Right of Way Agree- ment is now in full force and effect. Units No. Type $ Poles 25.00 Poles $125.00 Anchors $ 15.00 Anchors $ 50.00 Over- hang $ 25.00 Total $ Less Initial Payment $ Final Payment $ Dated this....................day of........................................................................... 19........... Witness: Signed N ..:............................................................ ............................................................................ ........................ ......... ......... ............................ ......................................o........................... ........I ...................... c� ........... ...... .f.Iy..7- M � O CV 0 -M ...........................................•--._....----•---------------- ---------- ' rM ZO7 ZE:D' T2CDc w•r G► 1 f�"1 7 BOOK....q.-L-PAGE,m�3., , .