HomeMy WebLinkAbout~Master - Electric Line - Lehman - Section 7, T81N, R23W (;;A 1 b!Z
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Doc ID: 017714590005 TVDe: GEN
Recorded: 11/22/2005 at 11:34:04 AM
Fee Amt: $27.00 Page 1 of 5
Revenue Tax: $0.00
Polk County Iowa
TIMOTHY J. BRIEN RECORDER
File# 2006-00053644
BK 11408 PG860-864
RETURN TO:
Prepared by and return to: R. T.Myers-Myers&Associates-515-965-0295
107 N.Ankeny Blvd Suite 2-Ankeny,IA 50021
CITY OF AMES
OPTION FOR ELECTRIC LINE EASEMENT
Tract No.P-21
State of Iowa, County of Polk
Legal Description:Section 7,T81N,R23W Page 3 of 4
OPTION AND EASEMENT
The undersigned owner(s),Dean L. &Frieda M.Lehman,H&W,and the undersigned tenant(s),Curt
a "Grantor",.in consideration f the
collectively and individually,hereinafter referred to as"Gra or o sum
Lehman ,
Y Y�
of
Ft✓ if U Ae 0 IC F D AAW Ln d and other valuable
consideration, receipt and sufficiency of which is hereby acknowledged,giant to the CITY OF AMES,
Iowa,a Municipal Corporation,it's successors and assigns,hereinafter referred to as the City of Ames,the
right,at the option of the City of Ames,for and during the period of twenty-four(24)months from the date
hereof,to acquire for the further cons ic} r on of7-141 R-rg-gi l -nyp O SAAm nia
14 UAID ioED,,VE.V9NTY FIVEl-NN —($ % ), 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 75 feet in width across the NE 1/4 of Section 7,
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
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 FiVf' hldNO 8,6D AA - -($,�00•°`� ),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,sealed, and del' ered this day of ar_Z, Z��,200.
By By /29,0�/
Dean L.Lehman Frieda M. Lehman
By By
Page 2 of 4
EASEMENT PLAT
EXHIBIT "A"
E. 1/4 Corner
N. 1/4 Corner Sec. 6-81-23
Sec. 7-81-23 NE 158th Avenue Fnd Pin
I Cop •12106
Fnd 1/2" Reba S88°26'34"E 2632.08'
I y
I I
S88°26'34"E 49.94'! I ot�e\ 6
P Reference Line (Not Section Line)
� I
Point of Beginning SO°02'47"E 570.51'
i ! S88°28'04"E 75.49'
o>
1
I I 1 ,n
ill 3
Existing Right-of-Way I 1 1
j 11 S4058'33"E 1150.90'
N4058'33"W 1156.23' i i 1 pt.NEg��23 z
to I 11 1 Sec'1 t
M 1 Parcel21 ^ N
� ! j I Dean & Frieda Lehman � W
Z
1
75' Transmission
m i ;t 1a1 Line Easement
001 M
11
! I �1 la^o
U11U) E 1/4 Corner
Sec. 7-81-23
� I 31 IW Fnd 1/2" Rebar�
1-
j
IM
i i of to
i j of to
i ZI IN
i �I
N47033'30"E 161.38' I I
i
i
S68057'54"W 207.98'
NO'08'01"E 594.60'
S68°57'54"W 43.93'
5�34
Fnd R.O.W. Roil P� NN1�4a
Sec.
i
Revised 11-03-2005
LEGEND Revised B-19-2005
N 1 WeDy certify that this lard surveying
Sul lve Found docurent was prepared orld the related surveying
4rark nos performed by me or under my direct
Fnd IDOT R.O.W.Roil r. supervision and that I am a duly I icensed Lod
Fnd Monument as Noted Surveyor lylder the Ian of the State of Iowa.
Sec1/4l1Section Line ----- D
$
1/4 1/4 Section line —......—— yCenterline - — - -
EosemenlLine ---� Dove L. Joens. PLS Dote
License Number 11579
Cl 66010 My License Renewal Date is Decerrber 31. 2006
LJ Pages ar sheets covered by this soot:Sheets land 2
SCALE (FEET)
POLK COUNTY- PARCEL 21 SHEET 1 OF 2
CITY OF AMES TRANSMISSION LINE EASEMENT PLAT FN' 10N: A-17251725
SNYDER &ASSOCIATES 501 S.W.ORALABOR ROAD DATE: 05/10/05
Engineers and Planners ANKENY,IA50021(515)964-2020 TECH: JCC
J:\2004_rolects\104. 9\ odd\osemenl lots\olk Parcel Reas
11/7/20005 Page 3 of 4
Page 3 A
EASEMENT PLAT
EXHIBIT "A"
Transmission Line Easement Description:
That Port of the Northeast 1/4 and that port 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 88°26'34" East, 49.94'
feet: Thence South 0°02'47" East, 570.51 feet to
a point on the south line of Parcel"B" as shown
on the Plot of Survey recorded in Book 7029,
Page 659 and to the Point of Beginning; Thence
South 88°28'04" East along said south line, 75.49
feet; Thence South 4°58'33" East, 1150.90 feet:
Thence South 0°03'24" East, 1578.39 feet; Thence
South 68°57'54" West, 207.98 feet; Thence North
47°33'30" East, 161.38 feet; Thence North
0°03'24" West, 1540.84 feet; Thence North
4°58'33" West, 1156.23 feet to the Point of
Beginning and containing 4.81 Acres (209,614 S.F.).
POLK COUNTY - PARCEL 21 SHEET 2 of 2
CITY OF AMES TRANSMISSION LINE EASEMENT PLAT FN: 10N: A-17251725
SNYDER &ASSOCIATES 501 S.W.ORALABOR ROAD DATE: 05/10/05
Engineers and Planners ANKENY,W 50021(515)954-2020 TECH: JCC
J:\2004-Projects\104.0899\Codd\Eosement lots\olk orcel 1.e05
11/7/2005
JCC
STATE OF :%Z8 Ld-* COUNTY OF p 0 L K
This instrument was acknowledged before me on
by DEAA1 L LE.Rm, A1 .aW.D FRiODA d LLJHMa,✓ f�4Y14l-
RICHARD E.LOWRY
Cwm*dm Ixnbw 142352 otary Public
STATE OF COUNTY OF
This instrument was acknowledged before me on ,by
as
of
Notary Public
Page 4of 4