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Home My WebLink About~Master - Electric Line - Moeckly Trust - Section 32, T81N, R23W 000 Doc EN Recorded: 03%24%20060atT12e24G16 PN Fee Amt: $22.00 Page i of 4 Revenue Tax: $0.00 Polk Countv Iowa TIMOTHY J. BRIEN RECORDER File# 2006-00090031 BK11576PG751-754 Prepared by and return to: R.T.Myers-Myers&Associates-515-965-0295 107 N.Ankeny Blvd Suite 2-Ankeny,IA 50021 CITY OF AMES OPTION FOR ELECTRIC LINE EASEMENT Tract No.P-8 State of Iowa, County of Polk Legal Description:Section 32,T81N,R23W page 3 of 4 OPTION AND EASEMENT The undersigned owner(s),Katherine E.Moeckly Trust U/A, and the undersigned tenant(s),Bradley Moeckly,collectively and individually,hereinafter referred to as"Grantor",.in consideration of the sum of a is •aE b �'o so ($ Som . o �),and other valuable nsideration, receipt and sufficiency of which is hereby acknowledged, 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 durin e period of twenty f (24)months from the date her of,to ac uire Pr the fu er considerate of i�4 4'rc� � �-•�d �,,, 7 =1V($9;1k . o ),a perpetual right-of-way easement upon, over,under,across,and alKnIftVland situated in the County of Polk,State of Iowa,being more specifically described as follows: a tract of ground 30 feet in width across the N60A of the W 1/2 of the SW 1/4 and part of the NW 1/4 of Section 32,Township 81 North,Range 23 West of the 5'h 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. page 1 of 4 r 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 and spray any trees and shrubs growing in or adjacent to the above-described easement area as may be necessary,in the judgment of the City of Ames,to conduct the aforementioned surveys and 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 c en�eI•mme atel upon ex pi ' n of the original Option. tion. Consideration for said extension shall b ($ and shall be payable at the time of such extensio 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 thisa��y of /e--•5 R.. or R ti ,200C:�p By By Ka etrine 7—Moec y ri��7 Bradley Moeckly page 2 of 4 By By EASEMENT PLAT EXHIBIT "A" NW Corner Sec. 32-81-23 NE 126th Avenue Fnd RR Spike ------------------ N89°44'49"E 2631.10'----___-J*� - fes N89°44'49"E 63.00' N 13 P 11 4 �C p� 4 Nw 3 N 1/4 Corner-1 �w1/ g1 2 Sec.32-81-23 Sec.32 Fnd Nail Point of Terminus 32' Water Pipeline Easement N io � o M N py - S g1�23 L M N ec. 0)� N W 3 Transmission Line Easement C14N Description M N W `-" z o o That part of the Northwest 1/4, and N z that part of the North 60 Acres of 30' Tronsmission Line Eosement the West 1/2 of the Southwest 1/4, W. 1/4 Corner, ll oll in Section 32, Township 81 North, Sec. 32-81-er, Range 23 West of the 5th P.M., Polk Fnd RR Spike County, Iowa lying east of NE 29th Street right-of-way and west of the following described line: W Parcel o o Katherine E. Moeckly Living Trust Commencing at the West 1/4 corner al. 'i- of said Section 32; Thence South oo "C) 00°13'08" West along the west line of 10 °?'?° said Southwest 1/4, a distance of Ni z Existing 32'Water 1305.00 feet; Thence South �i Pipeline , PogEasement3W1j2 Sw11� poi t6of2Begnning; Th0e0nce Noret th (Book 7522, Poe 362) 0i 6oPc _g1-23 00*1308" East, 1305.33 feet to a Point of Beginning P1 N Sec 32 point on the north line of said 10ni Southwest 1/4; Thence North S89°46'52"E 63.00' 00°12'23" East, 2203.06 feet to a point on the south line of the North 13 Acres of the Northwest 1/4 of said Northwest 1/4 and to the Point 33.00' R.O.W. of Terminus.Easement contains 2.42 Acres (105,248 S.F.). SW Corner Sec. 32-81-23 �- Fnd RR Spike LEGEND I hereby Certify that this land surveying N Survev Found domaient was prepared and the reloted surveying work was performed by me or under my direct Fnd IDOT R.O.W.Roil Y• supervision and that I om o duly licensed LOW Fnd Monument as Noted Surveyor under the lows of the State of Iowa. Section Line ----- 6�LAND SU 1/4 Section Line --------- ��S q�P 1/4 1/4 Section line —_------- v4 i0 Centerline - - - - 9 Easement Line ———— 0ve L• Dave L. Joens. PLS Date Joens License Number 11579 0 800 11579 My License RenewoI Dote is Decenber 31, 2006 IOMA Pages or sheets covered by this seal: Sheet 1 of 1 SCALE (FEET) POLK COUNTY - PARCEL 8 SHEET , OF , CITY OF AMES TRANSMISSION LINE EASEMENT PLAT PN: 10 FN: A-1725 1725 4.0899 SNYDER &ASSOCIATES 501 S.W.ORALABOR ROAD DATE: 04/15/05 Engineers and Planners ANKENY,IA50021(515)964-2020 TECH: JCC :\J C\Work-6\Polk Porcel6.eos page 3 of 4 5/6/20CC STATE OF COUNTY OF !D y This instrument instrument was acknowledged before me on /cam?syl,Py v7��G by o m My Co=hWon Expires ,Notary Public /O' -a8—v 9 STATE OF COUNTY OF This instrument was acknowledged before me on ,by as of Notary Public page 4 of 4