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Home My WebLink AboutA003 - Option for Easement - Sheryl K. Brandt akn Sheryl K. West (�YY / IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII �Xrinstrunent:2006- 0000$664 I IIIIIII IIIIII III IIIII IIIII IIIII II 018973130004 Tvpe: GEN Date•Jul 18r2006 01:10:29P Doc ID: D Rec Fee: 24.00 E-Con Fee: 1.04 Recorded: o9/07/2006 at 10:37:16 A Aud Fee: .00 Trans Tax: Fee Amt: gx. $0 Page i of 4 a , Rec Management Fee: �00 Revenue Tax: $0.00 /" 1.04 Polk county Iowa Non-Standard Page Fee: .00 TIMOTHY J. BRIEN RECORDER Filed for record in Story County, Iowa FileH 2O07-00022248 � �� Susan L. Uande Kamp, County Recorder BK 11843 PG PgMRN TO: Prepared by and return to: R.T.Myers-Myers&Associates-515-965-0295 1 - , CITY OF AMES 03� OPTION FOR ELECTRIC LINE EASEMENT Tract No.P-4 State of Iowa, County of Polk Legal Description:Section 5,T80N,R23 W page 3 of 3 OPTION AND EASEMENT The undersigned owner(s),Sheryl K.Brandt and Joe Brandt,and the undersigned tenant(s), , collectively and individually,hereinafter referred to as"Grantor",.in consideration of the sum Of t, ,e h�i �herebyac ($ o� oa ) and other valuable co i eration, receipt and sufficiency of whichledged,grant to the CITY OF AMES, Iowa,_a Municipal Corporation,it's successors and assigns,hereinafter referred to as the City of Ames,the right,at the option of the City of Ames,for and during the period of twe -four(24�-}months from the date her f,to acqui for the further consideration of �/ a perpetual right-of-way easement upon, ,over,under,across,and along the land situated i the County of Polk, State of Iowa,being more specifically described as follows:a tract of ground 30 feet in width across the N1/2 of the NW Frl 1/4 of Section 5,Township 80 North,Range 23 West of the 51h P.M.,Polk County,Iowa, as shown on the attached Plat marked Exhibit A and by this reference made a part hereof.. This right-of-way grant is for the purposes of constructing,reconstructing,patrolling,operating, maintaining and removing electric lines to be located on said premises,including the necessary pole structures,wires,and other appurtenances for the transmission and distribution of electric energy and communications,together with the power to extend to any other party the right to use,jointly with the City of Ames,any structure placed pursuant to the terms hereof,such lines to form a part of an electric transmission and distribution system. The City of Ames shall have the irrevocable right,commencing upon the date of the exercise of this Option,to survey the property,to conduct engineering and associated investigations including,but not limited to,core boring,soil testing,to trim or remove any trees or other vegetation,including crops, growing in said easement area,which,in the judgment of the City of Ames,may interfere with or endanger said electric lines,to install gates to said easement area in the fences on the property of Grantor,the right to remove from the strip of land specifically described herein any obstructions,including buildings and other structures,and of ingress and egress across Grantors' adjoining lands as well as the lands described herein. In consideration of such grant,the City of Ames agrees that it will repair or pay for any damages which may be caused to crops,fences,or other property by the construction,maintenance or removal of said line to the party damaged Subject to the rights of the City of Ames hereunder,Grantor shall have the right to cultivate,use and occupy the easement area hereinbefore described except that no structure or object, permanent or temporary, shall be erected,no wells shall be drilled,no storage of materials of any kind,nor shall any ground elevation changes be made on said easement area without the written consent of the City of Ames,that no brush or flammable materials shall be deposited or accumulated or burned upon said easement area,and that no act shall be performed which violates the clearance requirements of the National Electrical Safety Code as adopted by the Iowa Utilities Board or it's successor. Upon exercise of the Option,all the foregoing provisions shall constitute the easement granted to the City of Ames by Grantor. LICENSE During the period of the Option granted herein,the City of Ames shall have the irrevocable right, commencing upon the date of the execution of this instrument,to survey the property;to conduct engineering and associated investigations including,but not limited to,core boring and soil testing;to cut down trim ands spray an trees and shrubs growing in or adjacent to the above-described easement area as ' p y y and i of Ames to conduct the aforementioned surveys necessary,in the judgment of the C , maybe y, J g City investigations;and of ingress and egress over said land and adjoining lands of Grantor. Damages to fences,livestock, crops,or other property of Grantor,their successors and assigns,by the City of Ames while exercising any of the rights granted herein shall be paid by the City of Ames to the party damaged. EXTENSION OF OPTION The City of Ames shall have the right,at it's option,to extend the herein granted Option for a period of six months; said extension shall co ence i 6diately upon expirat' n of the original Option. Consideration for said extension shall be , ve u n to 1/-1 ($ -Ao,ee ),and shall be payable at the time of such extension. EXERCISE OF OPTION The Option granted herein shall be deemed exercised by the City of Ames,and the easement rights agreed upon herein shall be deemed granted,upon the recording of a Notice of Exercise of Option in the office of the Recorder of Deeds in the county in which the property is situated. A copy of the Notice of Exercise of Option shall be deposited in the United States mail in a prepaid sealed envelope addressed to Grantor at their last known address. A check,payable to Grantor in the amount of the further consideration stated above,shall accompany the Notice of Exercise of Option to the Grantor first above named. TERMINATION OF OPTION If the City of Ames shall not elect to exercise the Option herein,or shall fail to extend or exercise same within the time(s)hereinbefore provided,the Option shall terminate without further action and all rights granted hereunder shall become null and void. Signed, sealed,and delivered this day of 1200 i B lJIL By Sheryl .Brant randt By By 3_ Pge-z EASEMENT PLAT EXHIBIT ''A'' Corner N89°59'03"E NW NW Corner 23 30.00' NE 118th Avenue Fnd RR Spike—,, pike� —.—.—.—.—.—.—. —N89-59'03"E_ 2635_63'.—.—.---_ '�aA I I 33.00'R.O.W. N. 1/4 Corner/ j Sec. 5-80-23 1 Fnd Conc. Mon. 14" Deep ! 30' Transmission Line Easement 1 i 1 33.00'R.O.W. II II Ij I 1M II. 4 001 (80 Parcel �I to Ot. �e-✓. Ted M. West and �oI SherylK. West Q) Ln to U� II II Transmission Line Easement o 1 Description N M 1 The East 30.00 feet of the West L1J W I / 63.00 feet of the North 1/2 of the z o j 1 Fence on Line Northwest Froctionall/4 of Section 5, Township 80 North,Range 23 g West of the 5lh P.M., Polk County, z I S89°51'08"W Iowa, EXCEPT the North 33.00 I 63.00' feet of Roadway Easement. Transmission Line Easement contains 1.27 Acres (55,133 S.F.). 5 Se'�. I W. 1/4�1 Corner� Sp Sec. 5 23 Fnd RR Spike N LEGEND I hereby certify that this land surveying docurent was prepared Ond the related surveying work was Do' fcrered by Am or under my direct Survey Found supervision and that l am a duly licensed Land Fnd IDOT R.O.W.Roil = Surveyor under the lays Of the State of low. Fnd Monument os Noled EO LAND SU Section Line ....... 5 '9yf� 1/4 Section Line ---•.— 09 t/4 1/4 Section line — - - Centerline _ Dove L. Dave L. Joens. PLS Dote Eosement Line ———— Joens L iCenSe Number 11 519 0 200 11579 My License Renewal Date is Deceeber 31. 2006 Pages or sheets covered by this seal: Sheet t of t SCALE (FEET) POLK COUNTY - PARCEL 4 SHEET 1 OF 1 CITY OF AMES TRANSMISSION LINE EASEMENT PLAT FN: 10N: A-1725t725 99��, SNYDER &ASSOCIATES 501 S.W.ORAIABORROAD DATE: 05/03/05 Engineers and Planners ANKENY,IA50021(515)964-2020 TECH: JCC JCC\Work-6\Polk oral Leos 5/6/2005 P � JCC s Z, a ,, TATE OF� ��t�c� COUNTY OF j � , , • ' 'This instrument was acknowledged before me on , vG i3 aG j'• f. Notary Public STATE OF (�li�� COUNTY OF Tbis,instrument was acknowledged before me on by f ♦ `X as w,, - e•- t n'fin S of !s� C /yT ,Notary Public