HomeMy WebLinkAbout~Master - Electric Line - Lee - Section 19, T82N, R23W 40"Instrueent:2005- 00012362
M Date:kt 03,2005 11:36:35A
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Filed for record in Story Countyr Iowa
Susan L. Vande Kama County Recorder
Prepared by and return to: R.T.Myers-Myers&Associates-515-965-0295
(.eno) 107 N.Ankeny Blvd Suite 2-Ankeny,IA 50021
CITY OF AMES
OPTION FOR ELECTRIC LINE EASEMENT
Tract No.S-10
State of Iowa, County of Story
Legal Description:Section 19,T82N,R23W page 3 of 4
OPTION AND EASEMENT
The undersigned owner(s),David J. &Doreen K.Lee H&W,and the undersigned tenant(s), ,
collectively and individually,hereinafter referred to as"Grantor",. in consideration of the sum
of
r/v E /-/0 411) lQ f D A AID /oy - ($ , D."% ),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?,u R CE TNou, �,�ouR
N n/DR. Q fyri✓Ty FOtlR �($ the a perpetual right-of-way easement upon,
over,under,across, and along the lank situated in County of Story, State of Iowa,being more
specifically described as follows: a tract of ground across Parcel A in the NW 1/4 of the NE 1/4 of Section
19,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 easement given to record change of 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 upo xpiration of the original Option. Consideration
for said extension shall be &WDRED A.✓A �0e) $ !*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)hereinbefore provided,the Option shall terminate without further action and all rights
granted hereunder shall become null and void.
Signed,sealed, an delivered this�2day of 200,E
By ` �1� By / 1
David J. Lee Doreen K.Lee
By By
Page 2 of 4
NW Corner EASEMENT PLAT
Parcel"A"
N 1/4 Corner \,.n65,
d ROW Roil EXHIBIT "A"Sec. 19-82-23
South
Fnd 3/4" Iron Rod N$9°19'48"E —
92.44' N89°19'48"E 2644.85'
�� —•— — ------- —�
NE Corner
L Sec. 19-82-23
N899°61 34t E Z LA Parcel 10 Fnd 1/2" Rebor
Existing RigFil of-Wo� N rn rn�;� David J. Lee and
0 0 01 Doreen K. Lee
i I w i tJ 11rTt
I �
►� cr fJt 9 of cep
LD l
91 o3
0 w 1 Transmission
3 I - E 1 Line Easement
C_ I ^ m 1
0' N50°46'33"E. 2 a 1 Transmission Line Easement Description
a m 1
= i 14.51' v 1- That port of Parcel"A" as shown on the
0 1� Plot of Survey recorded in Book 13,
u7 1,6 Page 132 and being in the Northwest
0 Existing I°' 1� 1/4 of the Northeast 1/4 of Section 19,
.� Right-of-Woy 1 1`n Township 82 North, Range 23 West of
L j j3 the 5th P.M., Story County, Iowa and
a) 411 IM described as follows:
�- 41p 10
C aIN I;n Commencing at the Southwest corner of
Point of Beginning , 1� Icv said Parcel"A"; Thence North 89°06'51"
o�M �N East along the south line of said Parcel
01
SW ICorner 1 A", 143.30 feet to the Point of
Parcel"A" 1 1 Begginning; Thence North 0°54'44" East,
Fnd Pin 345.20 feet to a point on the west line
Copt •6586 of said Porcel"A"; Thence North
S89°06'51"W 75.16' 50°46'33" East along said west line,
o 14.51 feet; Thence North 6°02'17" West
N89°06'51"E 143.30'
continuing along said west line, 598.54
feet to 1/4 2_23 Parcel"Ahe Northwest Thence North 89 19'48' East
w I Pk 19 a along the north line of said Porcel"A",
M Sec 92.44 fget; Thence South 9°04'16"
01 Center East, 368.5 feet; Thence South
a Sec. 19-82-23 2°51'0 est, 5 8 feet to a point
z Fnd Nail in on said south line of Parcel"A"; Thence
Lead Plug South 89°06'51" West along said south
line, 75.16 feet to the Point of Beginning
and containing 2.01 Acres (87,698 S.F.).
LEGEND Revised 8-22-2005
I hereby certify that this land surveying
Survey Found document was Drepored and the related surveying
cork was perforeed by me or under my direct
N Fnd IDOT R.O.W.Roil Z' supervision and that I am a duly licensed Land
Fnd Monument as Noted Surveyor under the laws of the State Of lowo.
Section Line LAND S
1/4 Section Line --— aS6 4,,g
1/4 1/4 Section line
Centerline ... ...
Easement Line Dave L. Dove L. Joens, PLS Dote
Joens License Number 11579
0 200 11579 My License Renewal Date is Deceeber 31. 2006
Pages Or sheets covered by this Seat:
'F IOMA * Sheet ,of t
SCALE (FEET)
SHEET , OF 1
STORY COUNTY — PARCEL 10
PN: 1104.0899
CITY OF AMES TRANSMISSION LINE EASEMENT PLAT FN: A-1725
SNYDER &ASSOCIATES 501 S.W.ORALABOR ROAD DATE: 04/12/05
Engineers and Planners ANKENY,IA50021(515)964-2020 TECH: JCC
Oh t;\t tory orcell0.eos Page 3 of 4
8/26/20
STATE OF COUNTY OF �' 7'6 A-
This instrument was acknowledged before me on
by �AI/�� Grr •!Nb ,()eRE��✓ /�� SEE ff�CJ
RICHARD E.LOWRY
Cappd�slci Number 142352
AAy Coo nMnf8ebn E*res otary Public
rIA-— 008 1 6�
STATE OF COUNTY OF
This instrument was acknowledged before me on ,by
as
of
Notary Public
Page 4 of 4