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Home My WebLink About~Master - Electric Line - Volz - Section 29, T81, R23 11002 OAllllllllllllllllllllllllllllllllllllllllllillllllllllllllllllllllllllllffillllll Doc ID: 017310940004 TVDe: GEN Recorded: 09/12/2005 at 11:30:26 AM Fee Amt: $22.00 Page 1 of 4 ^t\n7 Polk County Iowa ` TIMOTHY J. BRIEN RECORDER P Filee# 2006_00000268655 �] QiU0 BK.1 i 12 / V PG80 1 -V 10 RETURN TO: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-10 State of Iowa,County of Polk Legal Description:Section 29,T81, R23 page 3 of 4 OPTION AND EASEMENT The undersigned owner(s),Nicholas H. &Joyce A.Volz,H&W, and the undersigned tenant(s), , collectively and individually,hereinafter referred to as"Grantor",.in consideration of the sum of En 'e. t�_00 00 -),and other valuable consideration, 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 f right,at the option of the City of Ames,for and during the period of twenty-four 24)months from the date hereof,to acquire for t further consideration of S"e U e huh � E, 7f 6, �� ),a perpetual right-of-way easement upon, over,uncler,across,and.along the land 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 S1/2 of the SW 1/4 of Section 29,Township 81 North,Range 23 West of the 5t'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 COPY 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 of 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 commence immediately upon e�cp. ation of the original Option. Consideration for said extension shall be Ft re.�/ul-/lf��q�/iZ4n—($ <00,0 , 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, sea d, and /Jdelivered �this3 day of 2005 (� By By L Nicholas H.Volz Joyce .Vo By By page 2 of 4 COPY EASEMENT PLAT EXHIBIT "A" Se . 29-8C811-2233—�� 5 123 Fnd Noil Psec. 29-a N N Parcel 10 L Nicholas H. Volz and C/) Joyce A. Volz s 33.00' R.O.W. 0) n N S89°55'05"E W N 30.00' z w 30' Transmission Line Easement N co O O z 1 SO°08'26"W NO'08'26"E 1 30.00' 30.00' 1 N89°55'05"W a Point of Beginning e innin o S 1/4 Corner �V'Z. 9 g > Sec.29-81-23 9°55'05"E 33.00' 3 Fnd Nail SW Corner "` N89'44'49"E 2631.10' -� Sec. 29-81-23 Fnd RR Spike NE 126th Avenue Transmission Line Easement Description That part of the South 1/2 of the Southwest 1/4 of Section 29, Township 81 North, Ronge 23 West of the 5th P.M., Polk County, Iowa and described os follows: Commencing at the Southwest corner of said Section 29; Thence North 00°08'26" East along the west line of said Southwest 1/4, o distance of 61.58 feet; Thence South 89°55'05" East, 33.00 feet to a point on the east right-of-way line of NE 29th Street and to the Point of Beginning; Thence North 00°08'26" East along said east right-of-way line, 30.00 feet; Thence South 89°55'05" East, 30.00 feet; Thence South 00"08'26" West, 30.00 feet to a point on the north right-of-way line of NE 126th Avenue; Thence North 89°55'05" West along soid north right-of-woy line, 30.00 feet to the Point of Beginning and containing 900 S.F. LEGEND I I hereby certify that this land Surveying N Survev Found docunent was prepared and the related surveying work was performed by me or under my direct Fnd IDOT R.O.W.Roil '= Supervision and that 1 am a duly licensed Laid Fnd Monument os Noted Surveyor under the laws of the State Of Iowa. Section Line 10 LAND S 1/4 Section Line -- NSA ,,.pp 1/4 1/4 Section line Centerline q Easement Line ——— Dave L. Dove L. Joens, PLS Date Joens License Number 11579 0 50 11579 My License Renewal Date is December 31. 2006 IOWA * Pages or sheets covered by this seal: Sheet t of t SCALE (FEET) POLK COUNTY - PARCEL 10 SHEET 1 OF 1 4.0899 CITY OF AMES TRANSMISSION LINE EASEMENT PLAT PR 10 FN: A-17251725 SNYDER &ASSOCIATES 501 S.W.ORALABOR ROAD DATE: 04/15/05 Engineers and Planners ANKENY,IA 50021(515)964-2020 TECH: JCC \W D:\JCCork_6\olk Porcello.eas 5J6J200C Page 3 of COPY STATE OF COUNTY OF �a This instrument was acknowledged before me on quaff f �� bY_Jt�l JMW MOMBEN Oomnie"Number t My Commission Bores C r 1-��- D ,Notary Public STATE OF COUNTY OF This instrument was acknowledged before me on ,by as of Notary Public page 4 of 4