HomeMy WebLinkAbout~Master - Electric Line - Johnson Trust - Sections 19 and 30, T81, R23 � AS
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Doc ID: 016783280006 Tvoe: GEN
Recorded: 05/20/2005 at 10:12:28 AM
Fee Amt: $32.00 Page i of 6
Polk Countv Iowa
TIMOTHY J. BRIEN RECORDER
File# 2005-00103959
BK 11075 PG249-254
RETURN TO:
Prepared by and return to: R. T. Myers-Myers&Associates-515-965-0295
107 N.Ankeny Blvd Suite 2-Ankeny,IA 50021
CITY OF AMES
OPTION FOR ELECTRIC LINE EASEMENT
Tract No.P-15
State of Iowa, County of Polk
Legal Description:Sections 19 and 30,T81,R23
OPTION AND EASEMENT
The undersigned owner(s),Delmar Nelson and John C. Johnson, co-trustees of the Joel Leonard Johnson
Trust, and the undersigned tenant(s), Speas Farms, Inc., collectively and individually,hereinafter referred
to as"Grantor" . in consideration of the sum of
F e �& Xr&A 9'-;7 i /Q ($.3-09, .6v ),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(2N months from the date
hereof,to acquire for he further consideration of 7�A� - ,,e
01 v rP�° -Ac'n, p�3`o $ ayffnl 4oaperpetual right-of-way easement upon,
over,under,across,and a ong the land situated in the County of Polk, State of Iowa,being more
specifically described as follows: a tract of ground 75 feet in width located across the NW 1/4 of the SE
1/4 and the West 1/2 of the NE 1/4, all in Section 30,Township 81 North,Range 23 West of the 5`b P.M.
and a portion of the SE 1/4 of Section 19,Township 81 North,Range 23 West of the 5t'P.M.,all in Polk
County,Iowa, as shov.n 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 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 expiration of the original Option. Consideration
for said extension shall be j4 ($ i;Yeo .oe ),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, seal d and delivered this day of �- 200,f-
By By
r #CJohnson,G�
Delmar Nelson,co-trustee J c trustee
By By
EASEMENT PLAT
EXHIBIT ''A''
i
N. 1/4 Corner Ij NE 134th Street NE Corner
Sec. 30-81-23 it Point of Terminus R.O.W. Sec. 30-81-23
�,j Fnd Nail
Fnd ROW Rail-11
I
NO°16'40"E 468.99'
Porcel15
j� Joel Leonard Johnson Trust -
( Polk County I N
75' Transmission
Line Easement I_ w Pt N130 g1 23 U-)
o IMF Sec
-C
A 1,60
_ j
loo CD
0 N
Z 4 NE1/4 joo
O
91.SW30-g1"23 o w
-C I Sec. z
Iz
= W 1) N46°31'27' W 72.86' E. 1/4 Corner
Sec. 30-81-23
NO°08'39"E i129.90' Fnd Nail
p �N64°53'28"E 58.60'
U) I I>✓ i j I
C4V 00 pt N�3o"S1E23 I NE1l30 SI-23 �
c00 Sec Sec. o0
I � M
I, I�Z I �1in
�- N89°31'13"W 2464.19' -y
W
SE Corner
Point of Beginning NE1/4 SE1/4I N
Fnd R.O.W. Roil lli Sec. 30-81-23 1 o
lF L Sc 3o a��23 06 o
it I I
NE Corner
N. 1/4 Corner Sec. 31-81-23
II Sec.31-81-23 I �i Fnd RR Spike
I
LEGEND
N I hereby certify that this land surveying
Survey Found document was prepared and the related surveying
work was performed by me or under my direct
Fnd IDOT R.O.W.Rail x supervision and that I am a duly licensed Land
Fnd Monument as Noted Surveyor under the laws of the State of Iowa.
Section Line Ep LAND Sp
1/4 Section Line ------- �S 9p
1/4 1/4 Section line --------
Centerline - - --- �9
Easement Line ---- DOve L. Dave L. Joens. PLS Date
Joens
License Number 11579
0 800 11579 My License Renewal Date is December 31, 2006
IOWA * Pages o sheets covered by this seal:
Sheets 1 2 and 3
SCALE (FEET)
POLK COUNTY - PARCEL 15 SHEET 1 OF 3
CITY OF AMES TRANSMISSION LINE EASEMENT PLAT PN: 104.0899
FIN: A-1725
SNYDER &ASSOCIATES 501 S.W.ORALABOR ROAD DATE: 04/15/05
Engineers and Planners ANKENY,IA50021(515)964-2020 TECH: JCC
J:\2004_Projects\104.0899\Codd\Easement Pic ts\Polk-Porcel_15.eas
4/29/2005
JCC
EASEMENT PLAT
EXHIBIT ''A''
19-a�
Sec.
Fence on Line
Center Point of Beginning E.1/4 Corner
Sec. 19-81-23 , 1 Sec. 19-81-23
�i N88°56'22"W12512.29' — --_-- ��Fnd Nail
S1°27'33"E 253.73'
S7°52'40"E 161.01'
�Ln T S1°27'33"E 410.90'
°
3 1--S8°44'42"W 101.61' I�
N
jN CO
C._ F Ico ec-19
= m I rn N S o --C
w IN Parcel15 iL
75' Transmission I�N Joel Leonard Johnson Trust io N
Polk County Z
Line Easement 1 I) w
I�S1°27'33"E 480.91'
S. 1/4 Corner
( SE Corner
Sec, 19-81-23 I 33.00' R.O.W. sec. 19 St 23
Point of Terminus �,/—Fnd Nail
Fnd ROW Rail
NE 134th Street
Pt N1/Q gE123
Sec.3
N
LEGEND
Survey Found 0 800
Fnd IDOL R.O.W.Rail
Fnd Monument os Noted
Section Line ------
1/4 Section Line --------
1/4 1/4 Section line ---------.
centerfne ----- SCALE (FEET)
Easement Line
POLK COUNTY- PARCEL 15 SHEET 2 OF 3
CITY OF AMES TRANSMISSION LINE EASEMENT PLAT FN: 10N: A-17251725
SNYDER &ASSOCIATES 501 S.W.ORALABOR ROAD DATE: 04/15/05
Engineers and Planners ANKENY,IA50021(515)964-2020 TECH: JCC
J:\2004_Projects\104 0899\Codd\Easement Plats\Palk-P—V-15b.eas
4/29/2005
JCc
EASEMENT PLAT
EXHIBIT ''A''
Transmission Line Easement Description
That part of the Northwest 1/4 of the Southeast 1/4 and that part of the
Northeast 1/4, all in Section 30, Township 81 North, Range 23 West of the 5th P.M.,
Polk County, Iowa lying east of Interstate Highway 35 right-of-way and west of the
following described line:
Commencing at the Southeast corner of the Northeast 1/4 of the Southeast 1/4 of
said Section 30; Thence North 89a31'13" West along the south line of the North 1/2
of said Southeast 1/4, a distance of 2464.19 feet to the Point of Beginning; Thence
North 00a06'20" East, 1462.40 feet; Thence North 64a53'28" East, 58.60 feet:
Thence North 00'08'39" East, 129.90 feet; Thence North 46a31'27" West, 72.86
feet; Thence North 00a08'39" East, 1806.36 feet; Thence North 00a16'40" East,
468.99 feet to a point on the south right-of-way line of NE 134th Street and to
the Point of Terminus. Easement contains 6.90 Acres (300,629 S.F.).
AND
That part of the Southeast 1/4 of Section 19, Township 81 North, Range 23 West of
the 5th P.M., Polk County, Iowa lying east of Interstate Highway 35 right-of-way
and west of the following described line
Commencing at the East 1/4 corner of said Section 19; Thence North 88°56'22"
West along the north line of said Southeast 1/4, a distance of 2512.29 feet to the
Point of Beginning; Thence South 01a27'33" East, 253.73 feet; Thence South
07a52'40" West, 161.01 feet; Thence South 01a27'33" East, 410.90 feet; Thence
South 08a44'42" West, 101.61 feet; Thence South 01a27'33" East, 1219.65 feet;
Thence South 01°27'33" East, 480.91 feet to a point on the north right-of-way line
of NE 134th Street and to the Point of Terminus. Easement contains 4.54 Acres
(197,570 S.F.).
POLK COUNTY - PARCEL 15 SHEET 3 OF 3
CITY OF AMES TRANSMISSION LINE EASEMENT PLAT PN: 104 1725 1725
.0899
FN: A-
SNYDER &/ASSOCIATES 501 S.W.ORALABOR ROAD DATE: 04/15/05
Engineers and Planners ANKENY,IA50021(515)964-2020 TECH: JCC
J\2004 ProjectsV0R.0899\Codd\Easement Plots\Polk_Por/29/2 eas
4/29/2 JCC
JCC
STATE OF COUNTY OF
This instrument was acknowledged before me on
b ro A
HUMM T.WERS
44
�®^ _ �® ,Notary Public
STATE OF COUNTY OF
This instrument was acknowledged before me on ,by
as
of
Notary Public