HomeMy WebLinkAbout~Master - Electric Line - Moyer - Section 30, T83N, R23W (Daq
� Instrunent:2005- 40008550
M Date:Jul 19P2005 02:10:43P
D Rec Fee: 20.00 E-Cori Fee: 1.00
6 ."Aud Fee: . Trans Tax: .00
Rec
�Y Rec Management Fee:
1.00
Non-Standard Page Fee: .00
Filed for record in Story Countye Iowa
Susan L. Vande Kanar 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-20
State of Iowa, County of Story
Legal Description:Section 30,T83N,R 23W, page 3 of 4
OPTION AND EASEMENT
The undersigned owner(s),L.J.Moyer,and the undersigned tenant(s), collectively and individually,
hereinafter referred t as"Grantor",. ' onsideratl'pn of the sum of
($ et*.zin Jand other valuable
consideration, receipt and sufficiency ofwhichi 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 t)ij further cpnsideration ofo
),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 of
Section 30,Township 83 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.
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 original Option. Consideration
for said extension shall be f:�I t/E' HlJNn R Ep oo.?,?-'), 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 2005'
BYJ By
Lou Jean Moyer
By By
Page 2 of 4
EASEMENT PLAT
EXHIBIT "A"
N89°40'31"E
I � 561.85'
Transmission Line Easement Description
i
Point of Terminus Area "A,.
N9°44'35"W Area "B"
480.35' That part of the Southeast 1/4 of Section 30,
62 49 92' o/4 5�23 P.M., StoryB County,Iowage 23 lying easttof f e Interstate
N9°54'49"E 88.05' 9t N 30'a3 Highway 35 right-of-woy and west of the
.-Sk sec' following described line:
N82°04'54"W 75:0 unk River Beginning at a point on the south line of said
Point of Beginning Southeast 1/4 being North 89°28'41" East,
Area "B" 75.01 feet from the east right-of-way line of
w 1 N20530.62'22"E said Interstate Hi hwa 35; Thence North
Pr) i� ! N w 30.62' 1°23'47" West, 1326.45 feet; Thence North
N nitt�04 2152'22" East, 593.79 feet to a point on said
I � � Point of Terminus
�I N -ItizN Area "A" east right-of-woy line and to the Point of
I
a z rn;n 4 Terminus. Easement contains 3.31 Acres
'�z Pt Nw3�S325 (144,362 S.F.).
+� sew AND Area "B"
= i
j 1 That port of the Northwest 1/4 of the
1 75.00' Transmission Southeast 1/4 of Section 30, Township 83
Line Easement North, Range 23 West of the 5th P.M., Story
County, Iowa lying east of Interstate Highway
U) i o 1 35 right-of-woy and west of the following
L i 3 Iz Porce120 described line:
4? c IN L. J. Moyer
C ! .. Iw Commencing at a point on the south line of
said Southeast 1/4 being North 89028'41" East,
1� 75.01 feet from the east right-of-woy line of
CP said Interstate Highway 35;Thence North
W �w Sw1/3058 23 2 52 22" East, 226.45 673.95 feettto Thence
point"on rhthe
Irn sec. east right-of-way line of said Interstate
1� Highway 35 and to the Point of Beginning;
W Thence North 2°52'22" East, 30.62 feet;
1 Thence North 9°54'49" East, 62.92 feet to a
1 Point of Beginning point on the centerline of the Skunk River and
1 Area „A„ to the Point of Terminus. Easement contains
1
0.16 Acres (7,086 S.F.)
S89°28'41'W
683.77'
I Fnd Corner Post
N89°28'41"E 75.01' Fence on Line
N LEGEND I hereby certify that this land surveying
Found docurent was prepared and the related surveying
work was performed by me or uflder my direct
Fnd IDOT R.O.W.Rail = supervision and that I am a duly licensed LOW
Fnd Monument as Noted Surveyor Under the lasts Of the State of 10va,
Section Line ------- ��S�Q LAND SUq�f
1/4 Section Line —--
1/4 1/4 Section line --..
Centerline ....... 9
Easement Line ———— Dave L. Dave L. Joens, PLS Date
Joens License Number 11579
0 400 11579 Any License Renewal Date is Deceeber 31, 2006
IOMA Pages or sheets covered by this seal:
Sheet 1 of 1
SCALE (FEET)
STORY COUNTY - PARCEL 20 SHEET 1 OF 1
4.0899
CITY OF AMES TRANSMISSION LINE EASEMENT PLAT PN: t0FN: A-17251725
SNYDER &ASSOCIATES 501 S.W.ORALABOR ROAD DATE: 05/24/05
Engineers and Planners ANKENY,IA50021(515)964-2020 TECH: JCC
D;\JC \Work_\Story P fcel 20005 Page 3 of 4
JCC
STATE OF -�C&t IA-)Or S COUNTY OF
This instrument was acknowledged before me on
by /—o,) 110,1110 e R /t
"OFFICIAL SEAL"
Linda Sherman ��
Notary Public,State of Illinois LA_,1AI¢ S,"�1e/�XX,,4otary Public
My Commission Exp.03/30/2009
STATE OF COUNTY OF
This instrument was acknowledged before me on by
as
of
Notary Public
Page 4 of 4