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HomeMy WebLinkAbout~Master - Electric Line - Larson - Section 31, T82N, R23W SI SFAS 1101 b AV- -1" Instrunent:2045- 00014393 M Date:Nov 17►2005 01:35:43P D Rec Fee: 20.00 E-Goa Fee: 1.00 G Aud Fee: .00 Trans Tax: .00 Rec Management Fee: 1.00 Non-Standard Page Fee: .00 Filed for record in Storm Countmy Iowa Susan L. Vande Kamer Countm Recorder Prepared by and return to: R. T. Myers-Myers &Associates-515-965-0295 (e w) 107 N. Ankeny Blvd Suite 2-Ankeny,IA 50021 CITY OF AMES OPTION FOR ELECTRIC LINE EASEMENT Tract No.S-1 State of Iowa, County of Story Legal Description:Section')1,T82N, R23W page 3 of 4 OPTION AND EASEMENT The undersigned owner(s),Kenneth L. & Louise E. Larson, H&W,and the undersigned tenant(s), collectively and individually, hereinafter referred to as"Grantor",. in consideration of the sum of 00,00 and other valuable consideration, receipt and sufficiency of which is hereby acknowledged, grant to the CITY OF AMES, Iowa,. 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 ac u* for the further consideration of kEA07 K/V�HVNDRac_D qr (`� Z CQ._), a perpetual right-of-way easement upon, -Awl fir- -- over, under, across, an along the land situated in the County of Story, State of Iowa,being more specifically described as follows: a tract of ground 75 feet in width across Parcel A of Section 31. Township 82 North, Range 23 West of the 5°' P.M., Story 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 linuted 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 ally described herein any obstructions, including buildings and other remove from the ship of land specific 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 upoZex)iration of the original Option. Consideration for said extension shall be r1 t/t /��/ � 1� P`' ($ (/j 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 ddelivered this day of 0.-5—,200_!' By B Kenneth L. Larson Louise E.Larson By By page 2 of 4 EASEMENT PLAT N. EXHIBIT "A" Sec. Corner 31-82-23 Fnd Cut 'X" SEA/a N112 2"23 N89'51'33"W 101.14' Sec. 3�"$ Point of Terminus I I 1 ! I lit 37.50' 1 ! 1 Transmission Line Easement Description 75' Transmission l i l Line Easement 1 1 That port of Parcel"A" of the Lr) 1!I Southeast 1/4 of Section 31, Township 82 North,Range 23 West of the 5th 1 1 P.M., Story County, Iowa being 37.50 >1 1 feet each side of the following O 00 1 to Parcel described centerline: G 06 1 i 1 Kenneth L. Larson and 3 0 1 �°; Louise E. Larson Commencing at the South 1/4 corner of o u rn said Section 31; Thence South 89°52'00" East along the south line of .21 said Southeast 1/4, a distace of100-91 N � "' 1 j�' Po�ce`82'23 feet; Thence North 0°25'19n East, 33.00 «� m v 1 IN Sec. 3� feet to a point on the north to right-of-way line of 340th Street and N w 1 Iz to the Point of Beginning; Thence j 1 continuing North 0°25'19" East, 1959.10 feet a point on the north line of said C 1 I 1 Parcel'A" and to the Point of Terminus. 1 i 1 Easement contains 3.37 Acres (146,932 1 1 1 S.F.). 111 SE Corner l Sec. 31-82-23 r l l Point of Beginning Fnd 1/2" Rebo i II I 1 NO°25'19"E 33.00' 33.00'R.O.W. \. l \\ —.—--...... — — _______25ff__ —.—._.------ ...... —� N89"52'00"W `I7' --- S89^52'00"E 100.91' 340th Street S. 1/4 Corner Sec. 31-82-23 Fnd Mon. w/ Brass Cap Revised 8-19-2005 LEGEND I hereby certify that this land surveying N Found doctoient was prepored and the related surveying Survey work was performed by me or under my direct Fnd IDOT R.O.W.Rail = supervision and that I om a duly licensed land Fnd Monument as Noted 9 Surveyor under the laws of the State of Iowa. Section Line ....... S�Q LAND SUgA, 1/4 Section Line 1/4 1/4 Section line Centerline — —'- - pave L. Dave L. Joens. PLS Date Easement Line Joens License Number 11579 0 400 11579 My License Renewol Date is Decenter 31, 2006 Pages or sheets covered by this seal: IOIIA * Sheet 1 of I SCALE (FEET) SHEET 1 OF 1 STORY COUNTY - PARCEL 1 PN: 104.0899 CITY OF AMES TRANSMISSION LINE EASEMENT PLAT FN: A-1725 SNYDER &ASSOCIATES Sot S.W.ORALABOR ROAD DATE: 05/12/05 ANKENY,IA 50021(515)964-2020 TECH: JCC Engineers and Planners D\JC V\ IorY 8/26/2005 icc page 3of 4 STATE OF COUNTY OF S%D A y This instrument was acknowledged before me on OCTaBER S- d0 by KEN/1/«ij L LAR Son/ L2yo n"" L A RS oAl G/ o RICHARD E.LOWRY .W Ciof11Q1� Nurllb6r 142352 r Nh/colary Public STATE OF COUNTY OF This instrument was acknowledged before me on ,by as of Notary Public page 4 of 4 EASEMENT PLAT EXHIBIT "A" N. Corner Sec..31-82-23 Fnd Cut "X" N89°51'33"W 101.14' NAv 2 �312g2�23� Sec Point of Terminus I I I II I IiI 37.50' IiI i1 75' Transmission Transmission Line Easement Description 1 I Line Easement 1 1 i That port of Porcel"A" of the 1 1 Southeast 1/4 of Section 31, Township 1 82 North, Range 23 West of the 5th 1 1 P.M., Story County, Iowa being 37.50 0 1 feet each side of the following 0 00 I o Parcel described centerline: a 3 Kenneth L. Lorson and 0� M 1 i I,n Louise E. Larson Commencing at the South 1/4 corner of 'r' 1 i 12? said Section 31; Thence South = 2 W I i IL,, 89°52'00" East along the south line of LO 19? PaCce1g2-21 feet; Thence North 0°25'19n Eastf 00 901 0 'N o iN Sec 31 feet to a point on the north W 1 Iz right-of-way line of 340th Street and >` I to the Point of Beginning; Thence N I ! continuing North 0°25'19" East, 1959.10 C: 1 ! 1 feet a point on the north line of said 1 I Porcel"A" and to the Point of Terminus. 1 ! I Easement contains 3.37 Acres (146,932 1 1 S.F.). 1 1 I SE Corner 1 Sec.31-82Re23 ronoe innin9 Fnd 1/2" ba I 1 NO°25'19"E 33.00' 33.00' R.O.W. \. �� N89'52'00"W 2562.17' s89°52'00"E 100.91' 340th Street S. 1/4 Corner Sec. 31-82-23 Fnd Mon. vv/ Brass Cap LEGEND Revised 8-19-2005 N 1 hereby certify that this land surveying Surve m�v Found doamt was prepared and the related surveying work was performed by me or under my direct Fnd DOT R.O.W.Rail ._, supervision and thou I om 0 duly I icensed Land Fnd Monument as Noted SurveyoruPlder the tars of the State of Iowa. Section Line ....... EQ LAND SU 1/4 Section Line —..---� �S A6 1/4 1/4 Section line — ....— `V� FAO Centerline --- - 9 Eosement Line ���� Dave L. Dave L. Joens, PLS Date Joens License Number 11579 0 400 11579 My License Renewal Date is December 31, 2006 � IOMA * Pages or sheets covered by this seal: Sheet 1 of t SCALE (FEET) STORY COUNTY - PARCEL 1 SHEET 1 OF 1 CITY OF AMES TRANSMISSION LINE EASEMENT PLAT PN: 104.0899 FN: A-1725 SNYDER &ASSOCIATES 501 S.W.ORALABORROAD DATE: 05/12/05 Engineers and Planners ANKENY,IA 50021(515)964-2020 TECH: JCC DAi r6tory Parcel fears 8/26/200 s icc