HomeMy WebLinkAboutA003 - Corrective Easement Eb�a
Doc ID: 023560700004 Tvoe: GEN
Recorded: 05/21/2010 at 09:07:53 AM
Fee Amt: $24.00 Page 1 of 4
J Revenue Tax: $0.00
Polk Countv Iowa
JULIE M. HAGGERTY RECORDER
File# 2010-00085288
BK 13449 PG996-999
RETURN TO:
RETURN TO: City Clerk, City of Ames,P.O.Box 811,Ames,Iowa 50010
Prepared by: Lyndon Cook,Electrical Engineering Manager,City of Ames
515-239-5105
CITY OF AMES
CORRECTIVE EASEMENT FOR ELECTRIC LINE
Tract No.P21
State of Iowa,County of Polk
EASEMENT
The undersigned owner(s), Dean L. Lehman and Freida M. Lehman, husband and wife, hereinafter
referred to as "Grantor", in consideration of the sum of One Dollar and 00/100 , 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, a perpetual easement upon, over, under, across, and along the land situated in the County of
Story, State of Iowa,being more specifically described as follows:
See Exhibit A
This Corrective Easement for Electric Line is given to correct the description of the easement as
shown in that certain Option for Electric Line Easement dated October 28, 2005, and filed November
22, 2005 in Book 11408,Pages 860-864.
This easement 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 this Easement, 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
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.
IN WITNESS WHEREOF, the parties hereto have executed this Corrective Easement
Agreement as of the day and year first above written.
F
L4
By By
Dean L.Lehman Freida M.Lehman
STATE OF IOWA )
) ss
COUNTY OF POLK )
On the— day of / /�r��' 2010, before me personally appeared
Dean L. Lehman and Freida M. Le husband and wife, known to me to be the person(s)
described in the foregoing instrument and acknowledged to me that they executed the same.
OALEANUM J/
.-Notary Public
W MAN
-'
My Commission Expires:
page 2 of 4
. r
EASEMENT PLAT
EXHIBIT ''A''
E.1/4 Corner
N.1/4 Corner Sec.6-81-23
Sec. 7 81 23 Pin
NE 158th Avenue Cad 12106
Fnd 1/2'' Rebar P "
S88°26'34"E 2632.08' y
i I
S88°26'34"E 49.94'! I Parce\ 8 Reference Line (Not Section Line)
SO°02'43"E 570.51'
Point of Beginning ,, i S88°28'04"E 75.05'
LO
I rn
cli
I
Ln
NO°35'48"W 775.63' j j j I SO°35'48"E 764.25' 3
i ( I of (D
1
Existing Right-of-Woy j i Pt.�E81423 0
Sec Z
11 S13°40'17"E 390.56' N
N13040'17"W 390.20' 11 LO
1 Parcel w
Dean & Frieda Lehman aN Z
i
Transmission
>+i Cal I zo Line Easement
cc I I ')
t i MI I�
CD tAI 100 E 1/4 Corner
I ^I 1� Sec. 7-81-23
Fnd 1/2" Rebar�
N i ( -1 1�
I NI
4 I cal---
� i olio
Ci izIIN
I
N47°33'30"E
i �S68057'54"W 207.98'
NO°08'01"E 594.60'
I S68°57'54"W 43.93'
Fnd R.O.W.Rail— P�Sew1�48�,23
y Revised 4-13-2010
Revised 11-03-2005
LEGEND Revised 8-19-2005
N 1 hereby certify that this land surveying
Survey Found document was prepared and the related survey
work was performed by me or under my direct
Fnd IDOT R.O.W.Rail = personal supervision and that I am a duly
Fnd Monument as Noted licensed Land Surveyor under the laws of the
Section Line �rj LAND S State of Iowa.
1/4 on Line
1/4 1/4 tlSection line -- vC4'aS 9`��0
Centerline ------- 9
Easement Line ———— DAVE L. Dave L. Joens. PLS Date
JOENS
License Number 11579
0 600 11579 My License Renewal Date is December 31, 2010
* IOWA * Pages or sheets covered by this seal:
Sheets Land 2
SCALE (FEET)
POLK COUNTY- PARCEL 21 SHM 1 OF 2
CITY OF AMES TRANSMISSION LINE EASEMENT PLAT PN' 104.0899
FN: A-1725
SNYDER SIL ASSOCIATES 501 S.W.OPALABOR ROAD DATE: 05/10/05
Engineers and Planners ANKENY,IA SM21(515)964-2020 TECH: JCC
J:\2004-Projects\104.0899\Cadd\Easement Plots\Polk Parcel2l.eas
4/13/2010
SGK
EASEMENT PLAT
EXHIBIT ''A"
Transmission Line Easement Description:
That Part of the Northeast 1/4 and that part of the
Northwest 1/4 of the Southeast 1/4, all in Section 7,
Township 81 North, Range 23 West of the 5th P.M.,
Polk County, Iowa and described as follows:
Commencing at the North 1/4 corner of said
Section 7; Thence South 88a26'34" East, 49.94'
feet; Thence South 0a02'43" East, 570.51 feet to a
point on the south line of Parcel"B" as shown on
the Plat of Survey recorded in Book 7029, Page
659 and to the Point of Beginning: Thence South
88a28'04" East along said south line, 75.05 feet:
Thence South Oa35'48" East, 764.25 feet; Thence
South 13°40'17" East, 390.56 feet; Thence South
0a03'24" East, 1581.26 feet; Thence South
68a57'54" West, 207.98 feet; Thence North
47a33'30" East, 161.38 feet; Thence North 0a03'24"
West, 1537.98 feet; Thence North 13a40'17" West,
390.20 feet; Thence North Oa35'48" West, 775.63
feet to the Point of Beginning and containing 4.82
Acres (210,112 S.F.).
POLK COUNTY- PARCEL 21 SHEET 2 OF 2
CITY OF AMES TRANSMISSION LINE EASEMENT PLAT rH: 104.0899 FN: A-17251725
SNYDER &ASSOCIATES 501 S.W.ORALABOR ROAD DATE: 05/10/05
Engineers and Planners ANKENY,IA 5=1(515)964-2020 TECH: acc
A2004_Projects\104.0899\Cadd\Easement Plats\Polk Parcel Reas
4/13/2D10
SCK