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Home My WebLink About~Master - Electric Line - Sterling I-35 Properties, LC - Section 7, T82N, R23W jInstrument:2005- 00009626 M Date:Aug 08,2005 03:18:22P D Rec Fee: 20.00 E-Com Fee: 1.00 G Aud Fee: .00 Trans Tax: .00 Rec Management Fee: 1.00 Non-Standard Page Fee: .00 Filed for record in Story Counter Iowa Susan L. dande Kam 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-14 Iowa Count State of y of Story Legal Description:Section 7,T82N, R23W Pale 3 of 4 OPTION AND EASEMENT The undersigned owner(s),Sterling I-35 Properties, LC, and the undersigned tenant(s), collectively and individually,hereinafter referred to as"Grantor",. in consideration of the sum of i v c to r U A Al7 �k l t? N� 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 c ideration of Ili'FN fY SIX H c'n/D R>r a -L AA0^%o� ($ 1, �j), 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 NW 1/4 of the SE 1/4 of Section 7,Township 82 North,Range 23 West of the 5`1'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 are:., 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 expi ation of the original Option. Consideration for said extension sha11 be 0/ /,-' yu,I n R E,O ,fA*11D �✓�d-�($3'00,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, seal ered this 2�day of VI( 20Q� B By T ° eriiniT By By Peggy Sterling Page 2 of 4 EASEMENT PLAT Fence on Line EXHIBIT "A" S1/2 S11g2N2�/A Sec S88°48'20"W 2359.60' Fnd Pi' 1 E c. Corner Ca • 586---/// iD Point of Beginning Sec. 7-82 23 use 5 32 Fnd 1/2" Rebar r. 1 3 Parcel 14 Sterling 1-35 Properties, L.C. i 00 1 Story County go 1 N 1 1 75'-Tronsmission Line Easement iI In 1 I ch �/ �i c IM Se Transmission Line Easement Description c IN That port of the Northwest 1/4 of the 0)1 1 Southeast 1/4 of Section 7, Township iio a, j 82 North, Range 23 West of the 5th = i o: 1- P.M., Story County,Iowa lying east of "o i 1Ln Interstate Highway 35 right-of-way and Q Ir'i 4— N lip west of the following described line: t p to +' ILn Commencing at the East 1/4 corner of O to W i 1 said Section 7; Thence South 88°48'20 f- I� L 1 West alongthe north line of said Ln o Southeast 1/4, a distance of 2359.60 iz i 1 feet to the Point of Beginning Thence 1 South 01°07'55" West, 1270.35 feet; i 1 Thence North 89°35'52" East, 312.13 1 feet; Thence South 01°05'42" West, 1 75.03 feet to a point on the south line of said Northwest 1/4 of the 1 Southeast 1/4 and to the Point of 1 Terminus. Easement contains 2.85 Acres I 1 (124,276 S.F.). I,J N89035'52"E S1005'42"W 75.03' Fnd Pin 312.13' --y Cap 6586 -�� use 50311 S89'35'52"W 75.03' 1 ' i �589"35'S2"W 312.1 ' wsGng R.O.W. SE Corner Sec.7-82-23 Fence on Line w1 A S23 Point of Terminus LEGEND Fnd 1/2" Rebar Sec 8 �11 1 hereby certify that this land surveying Survey Found docunent was prepared and the related surveying Fnd IDOT R.O.W.Rail = work was performed by as or under"direct supervision and that I am a duly licensed Land Fnd Monument os Noted Surveyor under the taps of the State of Iowa. Section Line rj LAND SU D 1/4 Section Line --— S R 1/4 1/4 Section line Centerline 9 Easement Line Dave L. Dove L. .bens. PLS Date J oens License Number 11579 0 200 11579 My License Renewal Date is Decenter 31. 2006 IOMA Pages or sheets covered by this seal: Sheet 1 of 1 SCALE (FEET) STORY COUNTY - PARCEL 14 SHEET 1 OF 1 CITY OF AMES TRANSMISSION LINE EASEMENT PLAT FN: 1o4.0899 N: A-1725 1725 � SNYDER &ASSOCIATES 501 S.W.ORALABOR ROAD DATE: 04/12/05 Engineers and Planners ANKENY,IA 50021(515)964-2020 TECH: JCC \JC \Work_6\Story Porcel ti.eas ,129/2J., Page 3 of 4 STATE OF ,/ COUNTY OF S '-e !2,Y This instrument was acknowledged before me ont9L by S f RLJAIG S 3 'RoPtRTi�S�1G��'CQ s'T'F G�� >' Sr�RG/a�C� Ff�ccJ RICHARD E.LOWRY .� �: C mffdsdM Number 142352 tary Public My CMvT&W n Expires STATE OF COUNTY OF This instrument was acknowledged before me on by as of Notary Public Page 4 of 4