HomeMy WebLinkAboutA005 - Easement dated Septemer 19, 2005 S
/,eVInstrunent:2006- 00004309
h Date:APr 18r2006 09:49:20A
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ec Fee: 20.00 E-Com Fee: 1.00
ud Fee: .00 Trans Tax: .00
ec rlanasesent Fee: 1.00
on-Standard Faye Fee: .00
Filed for record in Story Countsp 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-25
State of Iowa, County of Story
Legal Description:Section 18, T83N,R23W page 3 of
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
and other valuable
consideration, receipt and sufficiency of lvliich 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�riod o'twenty-four(2 months from the date
hereof, to ac ui e for theJurther consider tion of si k - IC u�
&-rs ., — J t � �e `!'AZ ($�5 ,�1, 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 across the the W 1/2 of the SE 1/4 of Section 18,
Township 83 North,Range 23 West of the 5"'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.
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 !�lt�� no�iP�b %l$J5-op.ee ),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. r_�
Signed, sealed,and delivered this // day of 200 S
i"B012"11---77-By
By By
°
EASEMENT PLAT
EXHIBIT ''A''
AS89 S '25'49"W 957.98'I49"W 170.08'
Fenceon tine 245th Street
SO°48'20"E 27.29'
89 �• • 589°11'40"W 1315 02' -a
1 � q
1 Existing Right of Woy �NE Corner E. 1/4 Corner�l�
W1/2 SE1/4 Sec. 18-83-23
1 Point of Beginning Sec. 18-83-23 Fnd 1/2" Rebor j
1 1 Fnd 1/2" Rebor
1 Fnd Pin S89°11'40"W 261.85' I
1 Cop 13417 j
� 1 I
� 1 �
I
0 1 I
1_ Parcel 25 I
r 1,,� Mary Watkins Trust and Barbaro H. Secley, j
r 1 1 : Leigh H. Sinclair, Robert G. Sinclair and Emily Leer j
� o
to ,; ;b1 Transmission Line Easement Description la
I
1° That part of the West 1/2 of the Southeast 1/4 I�
I j N of Section 18, Township 83 North, Range 23 IN
0
0 Centerline County West of the 5th P.M., Story County, Iowa lying j
1 Oroinoge Ditch east of the County Drainage Ditch and west of 13
i 1 the following described line: to
S= 1 1 \01 B j 23 Commencing at the Northeast corner of said j-
i 1 Sec. 18 West 1/2 of the Southeast 1/4; Thence South 1z
i 89°11'40" West, 261.85 feet; Thence South I
0 0°48'20" East, 27.29 feet to a point on the j
- 1 south right-of-way line of 245th Street; Thence j
i 1 100.00' Transmission South 89°25'49" West along said south I
right-of-woy line, 957.98 feet to the Point of I
1 1 Line Easement Beginning; Thence South 0°11'19" West, 1401.31 1
c 1 1 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 j
I
Terminus. Easement contains 6.03 Acres
j w (262,523 S.F.).
00 U-) I
o Qa I
I ly
It,lo SE Corner
Sec. 18-83-23- j
1 Fnd 1" lro, Bor
I f 1 —Point of Terminus
————— ——————........................
__ l
R �1 S89°20'19"W 2542.74'
S89°20'19"W 153.50'
NO°29'09"W 22.89'
N 1 hereby certify that this land surveying
LEGEND d0meent was prepored and the related surveying
Found wok.�perforned by se or under my direct
Fnd IDOT R.O.W.Rail = Supervision and that I am a duly I icenSed Lad
Fnd Monument as Noted Surveyor under the lows of the State of Iowa.
Section Line -- E� LAND SU
1/4 Section Line
1/4 1/4 Section line
Centerline — — — —
EasementLine ———� Dove L. Dove L. JOens, PLS Dote
Joens
License Number 11579
0 400 11579
* My License Renewal Date is Decerber 31. 2006
IOMA es or sneers covered by this seal:
Sh
Sheet 1 of 1
SCALE (FEET)
STORY COUNTY - PARCEL 25 SHEET 1 OF 1
CITY OF AMES TRANSMISSION LINE EASEMENT PLAT PN: 10 FN: A-1725 1725
4.0899
SNYDER &ASSOCIATES 501 S.W.ORALABOR ROAD DATE: 05/31/05
Engineers and Planners ANKENY,IA50021(515)964-2020 TECH: JCC
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STATE OF cOL0FL`NM COUNTY OF 'Pole—I W N •.AC1 •
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This instrument was acknowledged before me on O
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STATE OF COUNTY OF
This instrument was acknowledged before me on ,by
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Notary Public