HomeMy WebLinkAbout~Master - Electric Line - Pearey - Section 19 & 30, T82N, R23W Y Instrunnt:2005- 00012365
M Date:kt 03►2005 11:37:58A
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Filed for record in Stay County► Iowa
Susan L. Vande Kam P 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-5A
State of Iowa, County of Story
Legal Description:Section 19&30,T82N,R23W page 3 of 4
OPTION AND EASEMENT
The undersigned owner(s),Elwin and Lenore Pearey, and the undersigned tenants collective) an
g ( ), d
Y
individually,hereinafter referred to as"Grantor",. in consideration of the sum
of
F P ($-5eG', c'1 ), 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 furtherg?n ideration �xLL—
y Ei 6-H7' ADD a perpetual right-of-way easement upon,
over,under, across, and along the land situated in the County of g
Story, a tract of round 75 feet in width
across the SW 1/4 of the NE 1/4 and the NW 1/4 of the NE 114 of section 30, and across the SW 1/4 of the
SE 1/4 of Section 19,Township 82 North,Range 23 West of the 51h P.M.,as shown on the attached plat
marked Exhibit A and by this reference made a part hereof., State of Iowa,being more specifically
described as follows:See Exhibit A.
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 on final Option. Consideration
for said extension shall be rI V F= y y1V,0 D A,✓nP& ($,.6 6t),`�" ),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)herembefore provided,the Option shall terminate without further action and all rights
granted hereunder shall become null and void.
Signed, s led,and delivere 1 day of S',){T 200.5'*-
By S�)4 .e By
Erin Pear
By By
Lenoye Peare Elwin Pearey
� , LL 'L
� �,� Page 2 of 4
Y1JWo 0 B&fl,A&S,IA,Trustee
By:Cynthia L.Bourke,Assistant V.P.,T.O.
r
Center EASEMENT PLAT
Sec. 19 82-23
Fnd Nail in EXHIBIT I�A"Lead Plug S88°05'41"w
1. 149.95' Fnd Pin
Cop •15586
i I
a i Point of Terminus
r— Area "B..
ZN Heart of low(_ Nature Trail
4
Fno Moor i �I NO°07'03"W 334.34' Sec/19 g2 2 j
Cop "5685; j $89°50'38"E �652.72' Point of Beginning
Area B"
i
Fnd in 32 th L( � I NO°07'03"W 33.00'
Cop •15586
S. 1/4 Corner SE Corner
1i{� 'Sec. 19-82-23 Sec. 19-82-23 .....
_.._.._._.._.._.._.._.._.___.._
`Fnd Rebor Fnd RR Spike i NO°07'03"W 33.00'
p "C6585 j1N Yellow Cap •8136aiii—
i
Ln 75' Tran mission
l i 1
Line Easement i Area of Terminus
..
NC11 4 S89°50'38"E 97.79'
31^ 'o W1/40-82-2�
a —37.50' Sec. 3
tTl N I�I
co j
Porcel 5A
� .�I N j �i� 0°35'06"E 456.93' Elwin Pearey
OiO
aD -4—iZ I �i
N
v 0 ` I
c
Point of Beginning
Area "A"
01
S89°48'00"E 107.46' 4 �AE1/43
S\NA 30_g2 2
m I Sec.
i
i
i _-_._-._-._._.-._--- ---
S89°48'00"E 2664.66' -�
E. 1/4 Corner
Existing Sec. 30-82-23
Right-of-Way Center Fnd RR Spike
Sec. 30 82-23
Fnd 1/2" Rebor
LEGEND Revised 8-19-2005
N 1 hereby certify that this land surveying
Survey Found docurent was prepared and the related surveying
cork wasperfcrmed Dy ee a under my direct
Fnd )DOT R.O.W.Rail = supervision and that I am a duly licensed Land
Fnd Monument as Noted Surveyor under the fors of the State of low.
Section Line ---'-- �NSEQ LAND S,,,g
1/4 Section Line --------_
1/4 1/4 Section line ------- v` �p
Centerline ---- 9
Easement Line Dave L. Dave L. Joens, PLS Dote
Joens License Number 11579
0 600 11579 My License Renewol Date is Deceaber 31. 2006
� IOMA * Pages or sheets covered DY this seal:
�rPl$ 1 and 2L and 2
SCALE (FEET)
STORY COUNTY - PARCEL 5A SHEET 1 of 2
CITY OF AMES TRANSMISSION LINE EASEMENT PLAT PN: 10 FN: A-17251725
SNYDER &ASSOCIATES 501 S.W.ORALABOR ROAD DATE: 05/12/05
Engineers and Planners ANKENY,IA50021(515)964-2020 TECH: JCC
\JCC\I\Story Porcel Aeos
8/26/200C Page 3 of 4
i
EASEMENT PLAT
EXHIBIT "A"
Transmission Line Easement Description
Area "A"
That port of the Southwest 1/4 of the Northeast 1/4 and that part of
the Northwest 1/4 of the Northeast 1/4, ollin Section 30, Township 82
North, Range 23 West of the 5th P.M., Story County, Iowa and being
37.50 feet on each side of the following described centerline
Commencing at the Center of said Section 30; Thence North 0°22'28"
East along the west line of said Southwest 1/4 of the Northeast 1/4,a
distance of 864.00 feet; Thence South 89°48'00" East, a distance of
107.46 feet to the Point of Beginning,- Thence North 0°35'06" East,
456.93 feet; Thence North 0°07'03" West, 1289.91 feet to a point on
the south right-of-way line of 320th Lane and to the Point of Terminus.
Easement contains 3.01 Acres (131,013 S.F.).
AND Area "B"
That part of the Southwest 1/4 of the Southeast 1/4 of the Section 19,
Township 82 North, Range 23 West of the 5th P.M., Story County, Iowa
and being 37.50 feet on each side of the following described centerline:
Commencing at the South 1/4 Corner of said Section 19; Thence
S89°50'38" East along the south line of said Southwest 1/4 of the
Southeast 1/4, a distance of 97.79 feet; Thence North 0°07'03" West,
33.00 feet to a point on the north right-of-way line of 320th Lone and
to the Point of Beginning; Thence continuing North 0°07'03" West,
334.34 feet to o point on the south right-of-way line of Heart of Iowa
Nature Trail and to the Point of Terminus. Easement contains 0.58 Acres
(25,075 S.F.).
STORY COUNTY- PARCEL 5A SHEET 2 OF 2
CITY OF AMES TRANSMISSION LINE EASEMENT PLA FN: A-1725
T N: 104.0899
1725
SNYDER &ASSOCIATES 501S.W,ORALABORROAD DATE: 05/12/05
Engineers and Planners ANKENY,IA 50021(515)964-2020 TECH: JCC
^ JA2 04-Pro Octs\104.0899\ odd\osemml ols\Story Porce
5xeos Pale 3A of 4
JCC
STATE OF /a2Gv A COUNTY OF )�e <,
This instrument was acknowledged before me on S���;-r f O� ,
L r,o�PC �i9"ec'
by �1-w/>ic /�,g P .�F- �r�LR � C c° rf Tf�e
t/SfG�-
Q� _., RICHARD E.LOyyRY
2
Commission Number 142352 ary Public
• m E)Iree
STATE OF COUNTY OF
This instrument was acknowledged before me on ,by
as
of
Notary Public
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