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HomeMy WebLinkAboutA003 - Option for Easement dated November 2, 2005 V Instrurent:2005- 00014394 M Date:Nov 17Y2005 01:36:19P D ec Fee: 20.00 E-Coe Fee: 1.00 Aud Fee: .00 Trans Tax: .00 Rec Manaseaent Fee: 1.00 Non-Standard Pase Fee: .00 Filed for record in Story Counts► Iowa Susan L. Vande Kamm 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-23 State of Iowa, County of Story Legal Description:Section 19,T83N,R23W page 3 of 4 OPTION AND EASEMENT The undersigned owner(s),Emily Sinclair,and the undersigned tenant(s), ,collectively and individually,hereinafter referred to as"Grantor",. in consideration of the sum of ($ a 00 •tv m ),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-fo}r)(24)months from the date hereof,to acquire for the her consideration of X k `�/�-r S A-"W ($1.D 60,0 .o ,a perpetual right-of-way easement upon, over,unde ,across, an6 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 5th 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, 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 expirati n of the original Option. Consideration for said extension shall be 4 i oc_ nA4,4- Q P ($ oo.00 ,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 M#JJC i _bed,200 B By E y it By By Page 2 of 4 B EASEMENT PLAT Be7Si8,*09'26"W217.25' nce Table C Oq "W 155.96' D EXHIBIT t�Att ® 32"E 48.50' A © 9"E 91.57' •/- 37"E 107.97' •/- centerline countyvJ1I 6"W 217.25'Droinoge Ditch PSec.�9 $ ..—.._..—..—..-A••— /4 Corner.19-83-23Parcel23 "PK" Nail 1 Mory Watkins Trust and in Top Corner Post Barbara H. Sealey, Leigh H. Slncioir, Robert G. Sinclair and Emily Leer 1 I I I 75,00' Transmission Line Easement I I MN Transmission Line Easement description 1 1 o That port of the West 1/2 of the Southeast 1/4 and that port of the West 1/2 01 of the Northeast 1/4, oil in Section 19, Township 83 North, Range 23 West of the Do 5th P.M., Story County,Iowa and described as follows: 3 tti to Commencing at the Southeast corner of said Section 19i Thence South 89°34'52" Mr" West along the south line of said Southeast 1/4,a distance of 2547.97 feet; tD M w Thence North 1°23'47" West, 113.96 feet t e apoint or nche North 8/°O1'57" West M line of 260th Street and to the Point o B g 9 I N C3 t along said north right-of-woy line, 75.22 feet to a point on the east I w o right-Of waYhltnof�waytline�2908te 39af 35Thence Thence No�thh0*56,28" West tcontinuing I said east eet: # V) along said east rigoint on thellcente5line of at; Thence North County Drainage Ditch; I o 48.50 feet to o p approximately Souoximotely South S37 along 34 37 said lEast conitinuing palong said 91.5 z N feet; Thence opp centerline, approximately 107.97 feet: Thence South 18°09'26" West, 217.25 feet. I ° 89 feet to the Point of Beginning and Thence South 1°23'47" East, 2692. containing 5.52 Acres (240,235 S.F.). 1j2 SE1/Z� LEGEND Found I C N v� 19-S3" s I ' Fnd 100T R.O.W.Roll Vj SeG Fnd Mao ent as Noted Section Line ——.—, V4 Section Une — ■ 1/4 174 Section line _ SE Corner • Point O( Beginning Centerline ...... .•��� Easement Line Sec. 1 -23 N1°23'47"W 113.96' bor Find 1/2/2"" Rebar Y/ S89°34'52"w 2547.97__.. ...... _.__._._.260th Street _ — I hereby Certify toot rhl3lawla strweyi^a domclytt w"prepared and tt*retoted vxveyin9 work was performed by nb Or under M direct supervision and that i am o duly licensed Land SlrveYar uxkr iM taws of the State of Iowa• N87°01'57"W 75.22' aS�a LANo suRp,`oq Dove L. Dove L. .bens. PLS Oo+e Joens License Number 11579 0 400 11579 my License Renewal Date is oece°ber 31. 2006 pages or sheets covered DY this seat: h 1 1 SCALE (FEET) SHEET 1 OF 1 STORY COUNTY - PARCEL 23 PN: 104.0899 ITY OF AMES TRANSMISSION LINE EASEMENT PLAT FN: OS/2505 page 3 of 4 SNYDER &ASSOCIATES C 501 S.W.ORALABOR ROAD TECH: JCC ANKENY,1A50021(515)964-202 0 Engineers and Planners q9 p:\J \Work- \to,y 5i25/2JCC STATE OF %,- h . CaT*,� COUNTY OF- This instrument was ac`kn Q gore me on it Z - 5 by 0 ; 0 4.• , W rl � ,Notary Public '�. .OCTOST. •Py `�` .'S STATE OF WE TY OF This instrument was acknowledged before me on by as of Notary Public Page 4 of 4