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Home My WebLink About~Master - Electric Line - Stanley Bay Farm - Section 30, T81N, R23W �� IIIIIIIIIIIIIIIIIIIIIIIillllllllllllllilllllllllllllllllllllllllllllllllllllllll Doc ID: 017143490005 Tvpe: GEN Recorded: 08/08/2005 at 09:37:17 AM Fee Amt: $27.00 Page 1 of 5 Polk Countv Iowa TIMOTHY J. BRIEN RECORDER File# 2006-00013962 BK11215 PG34-38 RETURN To: Prepared by and return to: R. T. Myers-Myers&Associates-515-965-0295 107 N.Ankeny Blvd Suite 2-Ankeny,IA 50021 CITY OF AMES OPTION FOR ELECTRIC LINE EASEMENT Tract No.P-14 State of Iowa, County of Polk Legal Description:Section 30,T81N,R23W,pages 3 &4 of 5 OPTION AND EASEMENT The undersigned owner(s),Stanley Bay Farm Enterprises,Inc., and the undersigned tenant(s), collectively and individually, hereinafter referred to as"Grantor",. in consideration of the sum of ° F/11,r 5'00� ),and other valuable consideration, receipt and sufficiency of which is hereby acknowledged,grant to the CITY OF AMES, Iowa,_a Municipal Corporation, it's successors and assigns,hereinafter referred to as the City of Ames,the right, at the option of the City of Ames, for and during the period of twenty-four(24)months from the date hereof, to acquire for the further consideration of Fo cig TEE IV THo 0,9 sf i✓D l=��f Q /,D R e 0 Ar VD ($ 1 y,4an.',a perpetual right-of-way easement upon, over,under, across, and along the land situated in the County of Polk, State of Iowa,being more specifically described as follows: a tract of ground across the S 1/2 of the SE 1/4 of Section 30,Township 81 North,Range 23 West of the 5"'P.M., as shown on the attached plat marked Exhibit A and by this reference made a part hereof. It is further agreed there shall be no wires(anchor/guy)placed in the ground, excepting a ground wire at pole base.. 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 5 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. fences,l oc or o r property of Grantor,their successors and assigns,b the City Damages towest k, crops, the o rty g y y gP p p 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 u expiration of the original Option. Consideration for said extension shall be rr/,� J'/uNlJ R t'U asp��^($ D. 6 ,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 ranted,upon the recording of a Notice of Exercise of Option in the office of P g p 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. Si ed, aled,and delivered thisA 200s Y atherine M. y,Presi ent By By Page 2 of 5 EASEMENT PLAT EXHIBIT "A" E. 1/4 Corner "I Fnd R.O.W.Roil Sec. 30-81-23 I l l TS89°31'13"E 75.02' Fnd Nail _ _-�89"31'1,Y E_ 2464.19' NE Corner Point of Terminus S1/2 SE1/4 }, N Sec. 30-81-23 (D NO°44'27"W 173.15' Parcel14 2— Stanley Bay Form Enterprises, Inc. iu) ' Polk County L Delta-23021'48" SE�� N j ♦ Length 4012 25' F t.Sec,12 3 81 23 LLI ♦ ♦ Chd Brg-N18°25'34"W Se ♦ %Chd Dist-409.40' iI ♦ i ♦♦�, 75' Transmission Line Eosement l ; ♦ Point of Beginning I I M i I�♦ NO°08'26"E I N ♦ ♦ tip, 30.00" �o �N89°40'52"W I IN 283.00' I co g s�♦ ♦ate, NO°08'26"E 50.00'-- z 9 —21 SE Corner 9�0♦ �,�Cp� Fnd RR Spike i t�s N89040'52"W 1208.05' �♦ `\ N8504 49.00' \ �r %=— 282 19MOMM N59020'52"W__� , 73.62' — — xlstg 19 0 oy �I N89°40'S2"W 2653.10' �i i - �S. 1/4 Corner NE 126th Avenue j Sec.30-81-23 SE Corner Sec. 30-81-23 LEGEND Revised July t, 2005 Fnd RR Spike N I hereby certify that this lend surveying Survey Found docurent was prepared and the related surveying work was periarmed by ete or under my direct Fnd IDOT R.O.W.Rail x supervision and that I am a Ally I icerised Land Fnd Monument as Noted Surveyor user the lows of the State of lowa- Section Line --- ED LAND S4 1/4 Section Line ---- �S N` 1/4 1/4 Section line Centerline - ---- 9 Easement Line M=-- Dave L- Dave L. Joens. PLS Date Joens License Number 11579 0 200 11579 My License Renewal Date is Deceeber 31. 2006 � IONA * Pages or sheets covered by this seal: cnnnee land 2 SCALE (FEET) POLK COUNTY - PARCEL 14 SHEET 1 OF 2 899 CITY OF AMES TRANSMISSION LINE EASEMENT PLAT PN: 10FN: A-17251725 SNYDER &ASSOCIATES 501 S.W.ORALABOR ROAD DATE: 04/15/05 Engineers and Planners ANKENY,IA50021(515)964-2020 TECH: JCC em J:\2004_rojetls\l04.D899\odd\osenl late\Polk 114—7/6/2005 3 of 5 JCc EASEMENT PLAT EXHIBIT "A" Transmission Line Easement Description A Port of the South 1/2 of the Southeast 1/4 of Section 30, Township 81 North, Range 23 West of the 5th P.M., Polk County,Iowa lying east of Interstate Highway 35 right-of-woy, North of NE 134th Street right-of-way and west and south of the following described line: Commencing at the Southeast corner of said Section 30; Thence North 00°08'26" East along the east line of said Southeast 1/4, a distance of 50.00 feet; Thence North 89a40'52" West along the north right-of-woy of said NE 134th Street, 283.00 feet to the Point of Beginning; Thence North 00°08'26" East, 30.00 feet; Thence North 89°40'52" West, 1208.05 feet; Thence North 00*31'51" East, 45.00 feet; Thence North 85a49'59" West, 149.00 feet; Thence North 89°40'52" West, 282.19 feet; Thence North 59a20'52" West, 73.62 feet; Thence North 30a06'28" West, 687.14 feet; Thence Northwesterly along a curve concave Northeasterly whose radius is 1011.00 feet, whose arc length is 412.25 feet and whose chord bears North 18°25'34" West, 409.40 feet; Thence North 00*44'27" West, 173.15 feet to a point on the north line of said South 1/2 of the Southeast 1/4 and to the Point of Terminus. Easement contains 3.99 Acres (173,993 S.F.). i POLK COUNTY - PARCEL 14 SHEET 2 OF 2 N CITY OF AMES TRANSMISSION LINE EASEMENT PLAT FN:: 10 A-17251725 Page 4 Of 5 SNYDER &ASSOCIATES 501 S.W.ORALABOR ROAD DATE: 04/15/05 Engineers and Planners ANKENY,IA50021(515)964-2020 TECH: JCC J:\2004_rolect9\104.0899\Codd\Easement lots\olk ocel Wee JCC STATE OF COUNTY OF This instrument was acknowledged before me on by Notary Public STATE OF 1� &0 COUNTY OF eoL K This instrument was acknowledged before me on e � by A 7J H t NE M 9A Y as R :,q C D E-Al-r of 7-A.t/L E,Y BAY FA AM 6,e7rC R FX RICHARD L LOWRY Num6erM � r ��otary My Canuds" Public Page 5 of 5