HomeMy WebLinkAbout~Master - Electric Line - Finch - Section 6, T82N, R23W V V Instrument:2006- 00001899
n r Date:Feb 14r2006 11:24:10A
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Filed for record in Story Countyy Iowa
Susan L. Vande 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-18
State of Iowa, County of Story
Legal Description:Section 6,T82N,R23 W page 3 of 4
OPTION AND EASEMENT
The undersigned owner(s),Edwin B.Finch and Mary E.Finch H&W,and the undersigned tenant(s),
of collectively and individually,hereinafter referred to as"Grantor",. in consideration of the sum
�yF_H a L)g r-D AW n y ----�
consideration, receipt and su ($ _.5'c�o,°j ),and other valuable
fficiency 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 f/)_�Ty S, - HtJi1/Dg£�_
E!_GNfY r6Rf f A V0 p d`($ �h e ) 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 30 feet in width across a part of the NE 1/4 of Section
6,Township 82 North,Range 23 West of the 5t'P.M.,as shown on the attached Plat marked Exhibit A and
by this reference made a part hereof. All structures will be single-pole and there will be no anchors..
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 distributio
n 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 ex ration of the original Option. Consideration
for said extension shall be r V r H LIW D R f D AA/A .: ($-�d 0 � ,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-TG'n+ta% 200_L. ,
� VF* h
41'�By By
dwin B.Fi ch Mary
By By
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EASEMENT PLAT
N. 1/4 Corner EXHIBIT "A"
Sec.6-82-23
Fnd Conc.IDOT
Monument NO°18'27"W 45.00'
294.59' Point of Terminus 280th Street
_Z._._. I
1 653.00' NE Corner j
�I it ��go Sec. 6 82 23
/ NO°18'27"W 30.00' Fnd 3/4" Iron Pin j
I
i i ! 33.00'R:O.W. j
I Delta-89°28'20" j
Rodius-243.33'
l Length-379.98'Lr) I
1 Chd Brg-N44°57'23"E I
i ent Description
Chd Dist-342.53' Transmission Line Eosem j
i i 1 I
0 i 3 That port of the Northeast 1/4 of
I 3 ! 0 1 Section 6, Township 82 North,Range 23
1 West of the 5th P.M.,Story County,Iowa I
j U. 1 lying east of 566th Avenue right-of- I
way and west of the following described I
j c l line:
N� I ,N Parcel18 j
N: I x Edwin B. Finch and Commencing at the Center of said
61 a I `'' �v Mary E. Finch Section 6; Thence North 88°56'46" East j
along the south line of said Northeast j
I L C! IN 1/4, o distance of 504.05 feet; Thence j
o 0
PT NEA2�23 North
oint on°1the4northeosterl0yl feet r ght tof way
I Q. 1� Sec- $ point
of 566th Avenue and to the Point
�n C i I 6
o I ! ! Is S of 8eginning; Thence continuing North j
vW �Z 0*13*14" East,39.56 feet; Thence North j
! -1 4J"06'18" West, 118.67 feet; Thence
bpi Nofth 0e1314" East, 2054.47 feet; I
thence Northeasterly along a curve I
I tni j concave Southeasterly whose radius is j
j 1 243.33 feet, whose arc length is
j 1 579.98 feet and whose chord bears
1 North 44457'23" East, 342.53 feet; j
I ! 30' Tronsmission Thence North 0°18'27" West, 30.00 to j
I i Line Eosement a point on the south right-of-way line j
j 1 1 of 280th Street and to the Point of
I 1 ' '18"W 118.67' Tefminus.Easement contains 1.79 Acres
i 4906 (78,096 S.F.).
1 i x N0113'14"E 39.56' E.1/4 Corner
♦ Sec. 6-82 23
° _.._.._.._P.._Point of Beginning Fnd 3/4" eN 4 53. 66thRveue5 ......
N�wLp4 —~---- 263308'
Center
384.00 45.00'
Sec.6-82-23
Fnd 1/2" Reber 1 hereby certify that this l0nd strveyin9
N docunent vas prepored and the reioted surveying
LEGEND Found work was performed by me or under na direct
Fnd [DOT R.O.W.Roil = supervision and thot I ale a Ally Itaensed Land
Fnd Monument as Noted 0 Surveyor under the laws of the Store of Iovo.
5 4 tiSect on Line --'•—' LeN�
1/4 1/4 Section line ---••— 09
Centerline - - �0ve L+ Dave L. Joens, PLS Dote
Eosement Line "MMM
JOenS License Number 11579
0 400 11579 My License Renewal Dote is December 31. 2006
Pages or Sheets covered by this Seol:
'f IOMA * Sheet 1 of t
SCALE (FEET)
SHEET 1 of 1
STORY COUNTY - PARCEL 18
PN: 1oa.osss
CITY OF AMES TRANSMISSION LINE EASEMENT PLAT FN-. A-1725
SNYDER &ASSOCIATES 5o1 S.W.ORALABOR ROAD DATE: 05/04/05
Engineers and Planners ANKENY,IA50021(515)964-2020 TECH: JCC page 3 of 4
Lary 5/6/2DOC
4
STATE OF '�® a4/A COUNTY OF ^STO R y
This instrument was acknowledged before me on,;r'.4 AIII&I�. 00 6
by EDC.ii/✓ I Ale 14 #wo M.4RX C, hINC1aRICHARD
RY
v N�untw t14223 2
My Carview n Wms otary Public
STATE OF COUNTY OF
This instrument was acknowledged before me on >by
as
of
Notary Public
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