HomeMy WebLinkAbout~Master - Electric Line - Wright - Section 30, T82N, R23W �Plnstruvent:2005- 00012364
n Date:kt 03,2005 11:37:31A
D Rec Fee: 20.00 E-Cov Fee: 1.00
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Filed for record in Story County, Iowa
Susan L. Vande Kahn► County Recorder
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.S-5
State of Iowa, County of Story
Legal Description:Section 30,T82N,R23W page 3 of 4
OPTION AND EASEMENT
The undersigned owner(s),Steven C Wright and Joyce M.Wright,H&W„and the undersigned tenant(s),
,collectively and individually,hereinafter referred to as"Grantor",. in consideration of the sum
of
F/ E y 11 D R c n ($s p ),and other valuable
consideration, receipt and sufficiency of which is hereby acknowledged,grant to the CITY OF AMES,
Iowa,_a Municipal Corporation,it's successors and assigns,hereinafter referred to as the City of Ames,the
right, at the option of the City of Ames,for and during the period of twenty-four(24)months from the date
hereof,to acquire for the further consideration of /qI Ally Hin��'DRr�
V /V-ry S Ix .V � ($ ,,Z..Y 7,6,f;—),a perpetual right-of-way easement upon,
over,under,across,and 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 the SW 1/4 of the NE 1/4 of
Section 30,Township 82 North,Range 23 West of the 5`h P.M.,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 trirn 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 V d N y A1,0 R C D " rsi�� ($ ,�D r a ),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)11geinbefore provided,the Option shall terminate without further action and all rights
granted hereund s 11 become null and void.
Signed, Seale nd deliver day of 0
By4Z_~ L/ )a y
Steven C.Wright Joyce ri t
By By
First National Bank,Ames,IA,Trustee
By: Cynthia L.Bourke,Assistant V.P.,T.O.
page 2 of 4
EASEMENT PLAT
EXHIBIT "A"
i
I
I
!
i
I in Fnd S89°50'38"E 2652.72'
P � -,•
Cop -15586J ; 3 2( L a
I N. 1/4 Corner NE Corner
Sec. 30-82-23 Sec. 30-82-23
Fnd Pin I Fnd Rebor Fnd RR Spike
Cop •6585 1 Yellow Cop •8136
Transmission Line Easement Description
�! /4 NE1/2� That part of the Southwest 1/4 of the
Northeast 1/4 of Section 30, Townshi 82
U Sep North, Range 23 West of the 5th P.MP, Story
O i v i County, Iowa and being 37.50 feet on each
side of the following described centerline:
to
a'i N _ _ Commencing of the Center of said Section
=i — —..Z — —— —— 30; Thence South 89°48'00" East along the
N N Point of Terminus South line of said Southwest 1/4 of the
Ln +�I e Northeast 1/4, a distance of 104.29 feet to
�� a o I S89°48'00"E 107.46' the Point of Beginning; Thence North
a• z 0°24'46" East, 864.00 feet to the Point of
a L Terminus. Easement contains 1.49 Acres
75' Transmission (64,800 S.F.).
�U ! Line Easement
of
�I Ill-C14 SWA/3p"82"Z3 Parcel 5
37.50' co,
OI�{+��o Sec Stephen Wright
I IA z
j i1 Point of Beginning
_ __ ____
104.29' �
Existing I� S89°48'00"E 2664.66'
Right-ot-Wby E. 1/4 Corner
Sec. 30-82-23
Center Fnd RR Spike
Sec. 30-82-23
Fnd 1/2" Rebor
LEGEND Revised 8-19-2005
N SUNeY Found 1 hereby certify that this toed surveying
-- docwwt was Prpared and the related surveying
Fnd IDOT R.O.W.Roil = work was perforeed by no or under my direct
Fnd Monument as Noted 9 3upervis;cn and that I am a Ally licensed Land
Section Line ------ agC LAHO ��` Surveyor under the laws of the State of loud.
1/4 Section Line — 9 S
1/4 1/4 Section line ——_—___ \v4,
Centerline
Easement Line ave L.
Dove L. Joens. PLS Da+e
Joens
O License Number 11579
6 100 11579 My License Renewal Date is 0eceeber 31, 2006
IOWA * Pages or sheets covered by this seal:
Sheets land
11
SCALE (FEET)
STORY COUNTY - PARCEL 5 SHEET 1 OF 1
CITY OF AMES TRANSMISSION LINE EASEMENT PLAT PN' 104.0899
DATE:
A-1725
SNYDER &ASSOCIATES 501 S.W.ORAIABORROAD DATE: 05/12/05
Engineers and Planners ANKENY,IA 50021(515)964-2020
TECH: JCC page 3 of 4
D:\ \l\ lory Parcel5.eos
6/26/2005
JCC
STATE OF "4 COUNTY OF - l B n
This instrument was acknowledged before me on T,),
bye
�r 11 RI HARD E.Lr", WRY '7ii� otary Public
j&&
STATE OF Y OF
This instrument was acknowledged before me on by
as
of
Notary Public
page 4 of 4