HomeMy WebLinkAboutA001 - Easement dated August 12, 2005 JInstruaent:2005- 00011479
M Date:Sea 13t2005 11:57:24A
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Filed for record in Story Counts► Iowa
Susan L. Mande 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-25
State of Iowa, County of Story
Legal Description:Section 18,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: of
We,— "5"u ($ So®- ), 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
here o to acquire for the further consideration of S,x�� u� e� h .ec°�
��j ($Poo da), pa e�rpetual right-of-way easement upon,
over,under,across,and along the lan situated in the County of Story,State of Iowa,being more
specifically described as follows: a tract of ground across the the W 1/2 of the SE 1/4 of Section 18,
Township 83 North,Range 23 West of the 51h 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 expiradon of the original Option. Consideration
for said extension shall be �ve 27r- ($ ,56>4),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 aday of 200,1�7'
By By
Barbara H. Sealey Leigh H. Sinclair
By By
Ro rt G. Sinclair Emily Leer
Fay ! �� Wage 2 of ';
14
ary W cins
EASEMENT PLAT
EXHIBIT "A"
S89°25'49"W 170.08'
Fence on tine 245th Street
SO°48'20"E 27.29'
S89°25'49"W 957.98" .• . S89°77'40"W 1315 02'
1 Existing Right of Woy �NE Corner E. 1/4 Corner�l�
W1/2 SE1/4 Sec. 18-83-23
1 1 Point of Beginning Sec. 18-83-23 Fnd 1/2" Rebor
1 1 Fnd 1/2" Rebar
1 1 Fnd Pin S89°11'40"W 261.85'
1 Cop •3417 j
I 1 �
I 1
T 1 �
3 1_ Parcel 25 I
Mary Wotkins Trust and Barbara H. Sealey, !
t Leigh H. Sinclair, Robert G. Sinclair and Emily Leercr
j
o 10
to I UPlo, Transmission Line Easement Description I_
M I�
1 o of Section 18 Township 83 North, Range 23 That part of the West 1/2 of the Southeast 1/4 j�
0 Itn , jto
Centerline County West of the 5th P.M.,Story County, Iowa lying IN
3 1 Oroinoge Ditch east of the County Drainage Ditch and west of 13
1 1 the following described line:
Sgj/ 23 Commencing at the Northeast corner of said J�
1 Sec 18 West 1/2 of the Southeast 1/4; Thence South Iz
Q) 89°11'40" West, 261.85 feet; Thence South j
0 1 0°48'20" East, 27.29 feet to a point on the I
�- 1 south right-of-way line of 245th Street; Thence j
1 1 100.00' Transmission South 89°25'49" West along said south I
}? Line Easement right-of-woy line, 957.98 feet to the Point of I
C Beginning; Thence South 0°11'19" West, 1401.31
feet; Thence South 0°28'55" East, 1220.82 feet j
to a point on the south line of said West 1/2 j
of the Southeast 1/4 and to the Point of I
Terminus. Easement contains 6.03 Acres j
1_ yj (262,523 S.F.). j
1�i I
1 jNoo I
1 Icy N SE Corner j
1 1 O Sec. 18-83-23 I
1 1 N Fnd 1" Iron Bar
I 1 -Point of Terminus
I tt �l`�— S89°20'19"W 2542.74 ---"— �
S89°20'19"W 153.50'
NO°29'09"W 22.89'
N LEGEND 1 hereby certify that this land surveying
Found doc~t was DreWod and the related surveying
Fnd IDOT R.O.W.Rail = 'work was performed by ale or under my direct
Fnd Monument os Noted SUperviSiOn and that I am a duly IiCensed Land
_ Surveyor under the laws of the State of Iowa.
Section Line _ LAND S
1/4 Section Line --- SSE Uqy,
1/4 1/4 Section line
Centerline ....... v �9
Easement Line ———— Dave L. Dave L. Joens. PLS Dote
Joens
license Number 11579
0 400 tt579 My License Renerol Date is December 31. 2006
es or meets covered by this seal:
Sh
Sheet 1 of I
SCALE (FEET)
STORY COUNTY - PARCEL 25 SHEET 1 OF 1
CITY OF AMES TRANSMISSION LINE EASEMENT PLAT PN: 10FN: A-17251725
4.0899
R SNYDER &ASSOCIATES 501 S.W.ORALABOR ROAD DATE: 05/31/05
Engineers and Planners ANKENY,lA 50021(515)964-2020 TECH: JCC
U:\JCC\Work-6\5tory 'r5e/31/2oo5 gage 3 of 4
icc
STATE OF IQWA COUNTY OF ✓���
This instrument was acknowledged before me on eo5
byg �op 41
PIMRD T.MYEP,
R OMM T• � Commission Rhin-" m Nota Public
F PkMnbrr Eow
► My Comrtiic` ry
My CWM*dM E)q*u I
STATE OF COUNTY OF
This instrument was acknowledged before me on by
as
of
Notary Public
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