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HomeMy WebLinkAbout~Master - Electric Line - Kingsbury - Section 18, T82N, R23W r Instrument: 200500006273 Date: 06-02-2005 Time: 03:18:24 pm. Rec Fee: 21.00 E-Con Fee: 1.00 Aud Fee:� .0 Trans Tax: .00 Filed for Record in STORY COUNTY IDWA StAV L. VANDE KAIP,COUVTY RECORDER D RETURN TO: 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-11 State of Iowa, County of Story Legal Description:Section 18,T82N,R23 W OPTION AND EASEMENT The undersigned owner(s),Mavis I.Kingsbury,and the undersigned tenant(s),Lowell Kingsbury, collectively and individually,hereinafter referred to as"Grantor",. in consideration of the sum Of d�H UNDRf�D g5 !�ed FIVE H uND R E'D #AlpD� $ S©6.©i ),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 E/ ,y 7 T/{p USRNn Foul_ 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 W 1/2 of the SE 1/4 and the SW 1/4 of the NE 1/4 of Section 18,Township 82 North,Range 23 West of the 5 h 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 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. 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 expiration of the original Option. Consideration for said extension shall be Fj yE g1J.✓DR[c 2F n' i--- —($ G0,�), 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 delivered this day of L 2004 By By Mavis I.Kingsbury IL040 Kings y By; .UBy by Ve don B. Kingsbu y rus :Mavis I. Kingsbury, trustee P`3 e Z STATE OF Iowa COUNTY OF Story This instrument was acknowledged before me on M,,, 9( 95 byMavis I. Kingsbury, individually and as trustee and Lowell Ki gsbury, tenant RICHARD E.LOWRY COMAnion Number 142352 MyOOMMbdm E )ires (�Z� �otaryublic STATE OF COUNTY OF This instrument was acknowledged before me on ,by as of Notary Public ��e3 EASEMENT PLAT EXHIBIT ''A'' Transmission Line Easement Description That port of the West 1/2 of the Southeast Fence on Line 1/4 and that port of the Point of Terminus Southwest 1/4 of the S89°42'17''W 75.04' Northeast 1/4, all in 33.00' R.O.W. 3 0 3r d Lane Section 18, Township 82 _ North, Range 23 West of the 5th P.M., Story Delto•0°22'59" Fence on Line Rodius-39,881.30' County, Iowa lying east Len th•266.62' of Interstate Highway 35 9 right-of-woy and west of Fnd Row Ro!I—/ Chd Brg-N1°49'00"E the following described Chd Dist-266.62' line LIB { r Commencing at the 1 F_ va corner C South 1/4 corner of sold >1 {_ Sec 18 82-23—\, a to Fnd y; Q) Section 18; Thence North N ___-._._.______ .__ _ 89°19'48" East along the _.,_ Q � 1`n — � � south line of sold West CO 1/2 of the Southeast 1/4, a distance of 171.80 ILLJ O feet to the Point of o 1� Parcel11 r-- Beginning; Thence North 3 1� Mavis I. Kinsbury Ln 06°44'31'' West, 414.18 0 o to Story County °i feet; Thence North to i0 02100'44'' East, 3265.20 L 1z N feet; Thence Northerly N along a curve concave a 1 L C 1 ��'�- ;Ch Westerly whose radius is 1 0 39881.30 feet, whose { c1jarc length is 266.62 { a feet and whose chord 1 75' Transmission Z bears North 01°49'00" { Line Eosement East, 266.62 feet to a Fnd ROW Roil 1 point on the south right-of-way line of SE Corner 303rd Lone and to the N6°44'31"W' Sec. 18 a2 23 Point of Terminus. 414.18' d 1/2 Rebor�ll �! Eosement contains 6.79 S89°19'48"W'' 2644_85 -�� Acres (295,968 S.F.). S 1/4 Corner Sec 1B 82 23-- Point of Beginning Fnd .5/4" Iron Rod N89°19'48" L- Fnd ROW Roil E 171.80' 1.65'South of Section Line LEGEND I hereby certify that this land surveylnq docurent wos prepored and the reloted surveyinq Survey Found work wos perfor°ed by me or under my direct Frd ID01 R.O.W.Roil '= suDervlslon and that I am o duty licensed Lund grid Monument cs Noted 0 Surveyor udder the lows of the$tote of Iowa. Sec Gan Llne — ---- Sip LkNp So B 1/4 Section Lane —.._.,_--- �e� �r 1/4 1`4 Section line —------ �p en t erl,ne .. Eosement I-ine ———— Dove I_.Joens Dove L. Joens. P L S Dore __ 7L.icen.se Number 11579 .� 800 11519 My License Flene.ol Dare Is Oecertber }1. 2006 Pc:ges.Y' meets Covered by this se01: � IOMA * 5neet t.of_t -_ SCAL-E (FEET) STORY COUNTY - PARCEL 11 SHEET 1 OF t PN: 104.0899 CITY OF AMES TRANSMISSION LINE EASEMENT PLAT FN: A-1725 SNYDER & ASSOCIATES 501 S.W.ORALABOR ROAD DATE: 04/15/05 Engineers and Planners ANKENY,iA50021(515)964-2020 TECH: JCC — o Jcc wo,._5 sm,v- "ize5zoos CGL JCC