HomeMy WebLinkAbout~Master - Electric Line - Snyder Trust - Section 6, T81N, R23W' illiiliiiliiliiiliiillillllllllllllllllllllllllllllllllllllllllllllllllN{II{NI
Doc ID: 018007890004 Tvae: GEN
Recorded: 01/25/2006 at 02:13:03 PM
Fee Amt: $22.00 Page 1 of 4
Revenue Tax: $0.00
Polk Countv Iowa
TIMOTHY J. BRIEN RECORDER
File# 2006-00072564
BK 11496 PG951-954
RETURN
N TO:
Prepared t Myers-Myers&Associates-515-965-0295
by and return o R. T.
107 N.Ankeny Blvd Suite 2-Ankeny,IA 50021
CITY OF AMES
OPTION FOR ELECTRIC LINE EASEMENT
Tract No.P-23
State of Iowa, County of Polk
Legal Description:Section 6,T81N,R 23 W page I of 4
OPTION AND EASEMENT
The undersigned owner(s),Shirley F. Snyder Trust, etal, and the undersigned tenant(s), collectively
and individually,hereinafter referred to as"Grantor",.in consideration of the sum
of
($ .'$_ee,vo ), and other valuable
consideration, receipt and sufficiency of which is hereby acknowledged,grant to the CITY OF AMES,
Iowa,-a Municipal Corporation,it's successors and assigns,hereinafter referred to as the City of Ames,the
right, at the option of the City of Ames, for and during the period�oft enty-four(24)months from the date
hereof,to acquire for the furthe consideration of For.,e?�cne9c� cis �
,eoA b 5Let6fA- S fw 2s >'�p($i'�12e.. ye ), 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 SE 1/4 of Section 6,
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
strictures, and of ingress and egress across Grantors' adjoining lands as well as the lands described herein.
Page 1 of 4
I�
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
he Option. Consideration
original months;said extension shall commence immediate y upon expirati n of t o g inal O p
for said extension shall be ye 25" ($ gyp. Do),and shall be payable at
the time of such extension.
EXERCISE OF OPTION
The Option ranted herein shall be deemed exercised b the City of Ames, and the easement rights agreed
P g by.
the
on herein shall be deemed ranted upon the recording of a Notice of Exercise of Option in the office of
p g p g P
the Recorder of Deeds in the count in which the roe is situated. A co of the Notice of Exercise of
Y property rh' copy
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 n he Notice f Exercise of Option to the Grantor first above named.
bo ha 1 accompany to
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 delivered thise� i day off
8 By
Shi e Faye er chael .nyder, trustee
By By
ee Snyder, tru ee obin Engs om, trustee
i
Pi.chard Snyder Page 2 of 4
EASEMENT PLAT
Center EXHIBIT "A"
Sec.6-81-23
( Fnd R.O.W.Rail
IIV Point of Beginning
.........._.—_—.—._._S88�2.8_56,'E 2.657_07'.._..__—. _...............
� 11 �
I
1 E. 1/4 Cornerj
1 i S88°28`56"E 98.31' Sec.6 81 23
1 1 Fnd Pin
1 i 1 Cop •12106
1
t 1 1
1 i 1 Parcel 23
i Robyiyn Engstrom, Michael Snyder,
N 1 i 1 Lee Snyder Trustees, & Shirley F. Snyder Trust
w 37.50'
1 75' Tronsmission
a�og� 1 Line Eosement (V
i� "ail N
O cc A
E Ln
L � d 1 Sec
�' w i Transmission Line Easement Description
= 7tai 1 N
�+ 1
i Q) 0 11 1 That part of the Southeast 1/4 of
0 o 1 i 1 Section 6, Township 81 North, Range 23 w
I� to 1 i 1 West of the 5th P.M., Polk County,Iowa z
1n 1 i 1 being 37.50 feet each side of the
1 i 1 following described centerline
G I 1 Commencing at the Center of said
1 Section 6; Thence South 88°28'56"
I 1 1 East along the north line of said
1! 1 Southeast 1/4, a distance of 98.31 feet
1 to the Point of Be inning; Thence South
1 0°46'34" East, 1935.58 feet: Thence
Point of Terminus South 0°02'47" East, 639.57 feet to
o 1 a point on the north right-of-woy line
NI i SO°02'47"E 83.42' of NE 158th Avenue and to the Point
of Terminus. Easement contains 4.43
{ 1,i Acres (193,136 S.F.).
i
Width Varies
�N88°26'34"W 87.45' ^LS. 1,8 Corner NE 158th Avenue
Sec.
6-81-23
Fnd 1/2" Rebor Revised 8-19-2005
LEGEND I hereby certify thot this land surveying
N docurent was prepared and the related surveying
Survev Found work was performed by me or under my direct
Fnd 100T R.O.W.Roil x supervision and that I am a OJIy licensed Land
Fnd Monument as Noted 0 Surveyor under the laws of the state of Iowa-
Section Line ....... a LAND SUR
-1/4 Section Line ...--. DF.
1/4 1/4 Section line ---... ��. A
Centerline ...... 9
Easement Line ——— Dove L. Dave L. Joens, PLS Dote
Joens License Nunber 11579
0 800 11579 My License Renewal Date is Decanter 31, 2006
fOMA Pages or shoats covered by this seal:
Sheet 1 of I
SCALE (FEET)
POLK COUNTY - PARCEL 23 SHEET I OF I
PN: 104.0899
CITY OF AMES TRANSMISSION LINE EASEMENT PLAT FN: A-1725
SNYDER &ASSOCIATES 501 SM.ORALABOR ROAD DATE: 04/15/05
Engineers and Planners ANKENY,IA60021(515)964-2020 TECH: JCC
\J \1\Polk ar005 Page 3 of 4
8/2/26/2Jcc
I _
STATE OF COUNTY OF d �<
This inr}strument,5as acknowledged before me on
1V,,eAs}eL J nyb�oR� o G�i� 4,Ijp-,—,,Wvsn
MCHARD T.MYERS
NCommission Number 1 P,7144
My Commission[xp" 3 ,Notary Public
/OuP /O - —D
STATE OF COUNTY OF
This instrument was acknowledged before me on ,by
as
of
Notary Public
Page 4 of 4