HomeMy WebLinkAboutA002 - Option for Easement dated September 19, 2005 �Instruaent.2006- 00004309
M Date:Aar 180006 04:48.25A
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Filed for record in Story Count9r Iowa
Susan L. Mande Kaact Counts 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-23
State of Iowa, County of Story
Legal Description:Section 19,T83N,R23W page 3 of 4
OPTION AND EASEMENT
The undersigned owner(s),Mary Watkins Trust,Barbara H.Sealy,Leigh H. Sinclair,Robert G. Sinclair,
and Emily Leer„and the undersigned tenant(s), collectively and individually,hereinafter referred to
as"Grantor",.in consideration of the sum of
v�,__ q� (p A -,�- P ($,!:Y-~ 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 pf twenty-f (24)months from the date
hereof,to ac wire for the further consideration of t x 7X"5-'o r
a perpetual right-of-way easement upon,
over,under,ac oss, and along the land situated in the County of Story,State of Iowa,being more
specifically described as follows: a tract of ground across the W 1/2 of the NE 1/4 and the W 1/2 of the SE
1/4 of Section 19,Township 83 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 right-of-way grant is for the purposes of constructing,reconstructing,patrolling, operating,
a
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
eof,such lines to forma art of an electric
of Ames,any structure placed pursuant to the terms her p
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 immediatell} upon expiration of the original Option. Consideration
for said extension shall be fii ve__ •+d'ie $ �•aa),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 jand void. /
Signed,se led, and elivered t is/ day of ,200_?
By By
By By
- _ P►t,YN S
STATE OF C-)LIORJACt� COUNTY OF 'A •
N :
Fg o%GO•P,p�
This instrument was acknowledged before me ona----,?T� 1. P
b 1` j �D oe`k • �1 V1L t Ct'l V- �y Commission Expires 0MrM
Y
Notary Public
STATE OF COUNTY OF
This instrument was acknowledged before me on by
as
of
Notary Public
g EASEMENT PLAT Bearing/Distance Table
C ® N0056'28"W 155.96'
A p EXHIBIT Atl ® N89003'32"E 48.50'
Q S23021'09"E 91.57' •/-
NE114 S37°34'37"E 107.97' •/-
Centerline County w112 5-2-3 S18°09'26"W 217.25'
proinoge Ditch Psec 19-�
r ._._. ._.._.._.._..—.._.._.._.._..—........_.._.._.._.._.._.._.._.._.._........
_.._.._.._.._.._,�,
E. 1/4 Corner I1
Parce123 Sec.19-83-23f I +
r r Mary Watkins Trust and Fnd "PK" Noilin Top Corner Post
1 Barbara H. Seoley, Leigh H. Sinclair,
Robert G. Sinclair and Emily Leer j
I
i
75.00' Transmission
Line Easement
1 �
r I
Transmission Line Easement Description
1 I
0 That part of the West 1/2 of the Southeast 1/4 and that port of the West 1/2 j
on N t71 of the Northeast 1/4, ollin Section 19, Township 83 North, Range 23 Wes_t of the I
a0 5th P,M., Story County, Iowa and described as follows: I
3 N I
to r` to Commencing at the Southeast corner of said Section 19; Thence South 89034'52" j
I") 7t N West along the south line of said Southeast 1/4,a distance of 2547.97 feet; j Zo
M w Thence North 1°23'47" West, 113.96 feet to a point on the north right-of-way I ,.
line of 260th Street and to the Point of Beginning; Thence North 87°O1'57" West I M
O z 1 d along said north right-of-way line, 75.22 feet to o point on the east I N
3 N righi of
oway line of Interstate Highway 35; Thence North 1°23'47" West olong
wc said east ight-of-woy line, 2908.39 feet; Thence North 0°56'28" West continuing
1 w to along said east right of oy line, 155.96 feet; Thence North 89°03'32" East,
_ 48.50 feet to a point on the centerline of a County Drainage Ditch; Thence I o
approximately South 23°21'09" East along said centerline,approximately 91.57 I z
feet; Thence approximately South 37*34'37" East continuing along sold j
p centerline,approximately 107.97 feet; Thence South 18°09'26" West, 217.25 feet; I
.� 9 Thence South 1023'47" East, 2692.89 feet to the Point of Beginning and I
t containing 5.52 Acres (240,235 S.F.). I
C y j ,NA/19sg3-23 LEGEND Found
tJ r rjeC' Fnd ;DOT R,O.W.Rail =.
r Fnd Monument os Noted j
1 Section Line
1/4 Section Line
r
line
Point Of Beginning 1/4 Cent 1/4 Section erline — — — — I
Easement Line ���� SE Corner
N1°23'47"W 113.96' Sec. 19-83-23 I
........_.—
—_—.—.—.—,--.—. 4 ._.—.__. ._._._._._—-- Fnd 1/. .. � J
S89°3 'S2"W 2547.97' _— �l (G
2 6 0 t h Street I hereby certify that this land surveying
docu►mt twos prepared and the related surveying
work was Wfurrred by ITS ar under my direct
supervision and that I am a duly licensed Land
N87001'57"W 75.22' LAND Surveyor underlaws of the State of Iowa.
S`�° Suq�,F`o the
9
Dave L. Dove L. Joens, PLS Dote
0 400 Joens License Number 11579
11579 11y license Renewal Date b this seal:
ew 31, 2006
f()rA * Pages cr sheets covered by this seal:
SCALE (FEET) Sheet 1
STORY COUNTY - PARCEL 23 SHEET 1 OF 1
PN: 104,0899
CITY OF'AMES TRANSMISSION LINE EASEMENT PLAT FN: A-1725
SNYDER &ASSOCIATES 501 S.W.ORALABOR ROAD DATE: 05/19/05
Engineers and Planners ANKENY,IA50021(515)964-2020 TECH: JCC
p\J \Work_ IorY 112111.1
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