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Home My WebLink About~Master - Electric Line - Schaefer - Section 18, T83N, R23W vjYT,*'Iastruaent:2005- 00007916 M 6ate:Jul 06P2005 01:18:26P a Rec Fee: 20,00 E-Con Fee: 1.00 G, Aud Fee: .00 Trans Tax: .00 Rec Management Fee: 1.00 Non-Standard Page Fee: .00 Filed for record in Story County► Iowa Susan L. Vande Yana} 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-27 State of Iowa, County of Story Legal Description:Section 18,T83N,R23W Page 3 of 4 OPTION AND EASEMENT The undersigned owner(s),Vernon R. &Ruth A. Schaefer,H&W, and the undersigned tenant(s), , collectively and individually,h ,inaf ferred to as"Grantor",.in consideration of the sum Of oO ),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 twe four(24)months from the date he of to acquire for t fu h r considerati ofct5� q pr),a perpetual right-of-way easement upon, over,under,acros; alon the land situated in the County of Story,State of Iowa,being more specifically described as follows: a tract of ground 37.5 feet in width across part of the S 1/2 of the NE 1/4 of Section 18,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, w 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. The City shall indemnify and hold harmless Grantors,their successors and assigns, from all claims for personal injuries and property damages made by third persons which are caused by the construction,re-construction,maintenance and operation of transmission lines by City upon the property of Grantors pursuant to this easement grant. 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 sha11 c mmence e�4ately upon expir ion of the original Option. Consideration for said extension shall be .UE �n -ifco� ($ },and shall be payable at the time of such extensio 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,se led,and deliyereo this /7 day of u ,200�;) By By Vernon R. Schae er Ruth . Schaefer Page 2 of 4 N.1/4 Corner EASEMENT PLAT Sec. 18-83-23 Fnd IDOT Alum. men Monuen EXHIBIT l,A" ' t /yh / N89°05'16"E 1319.46' �--•---0� ------961.63' - -—- -----��_ 357.83' � `C' 1/4 NE Corner N Sec./ 8 83`23 Fnd 5/8" Pin ,4?l Sec `� Cap -10313 w O zo N89043'48"E 37.50' North line of S1/2 NE1/4 0 �C Sec.18-83-23 Fnd 1/2" Rebor moo, Fence on Line Point of Beginning —�l N89°43'48"E 902.47'41 —� w} 1 Pt 51i2 a31Z3 1 -a--Fence on Line Sec.18' a'ivl w Parcel27 p(°1 CN Vernon R. Schaefer and too), � Ruth A. Schaefer °a K1� 0 1 N Z 1 .�, J ° 589°11'04"W 924.26' } L if Fence on Line— +-' Fence on Line 37.50' Transmission Line Easement d J CV '`' Transmission Line Easement Description That port of the South 1/2 of the Northeast 1/4 Df Section 18, Township 83 North, Range 23 West of the 5th P.M., Story County, Iowa described as follows: Commencing at the North 1/4 corner of said Section 18: Thence North 89°05'16" East along the north line of the Northwest 1/4 of said Northeast 1/4, a distance of 961.63 feet: Thence South 0°46'02" East, 1326.11 feet to a point on the north line of said South 1/2 of the Northeast 1/4 and to the Point of Beginning: Thence North 89°43'48" East along said north line, 37.50 feet: Thence r South 0°46'02" East, 431.76 feet: Thence South 89°11'04" West,924.26 feet to point on the east rigght-of-way line of 245th Street: Thence North 0°38'26" West along said east right-of-wa line, 37.50 feet: Thence North 89°11'04" East, 886.68 feet: Thence North 0*46'02" West, 394.62 feet to the Point of Beginning and containing 1.14 Acres (49,450 S.F.). N I hereby certify thot this lend Surveying LEGEND Found docuwi was prepored and the related surveying = work upe was on and m that by me or under direct Fnd IDOT R.O.W.Railam a Fnd Monument as Noted $ yor under the lows of the State is State of�Im. Section Line E� LAND SU 1/4 Section Line --— �S 9J. 1!4 1/4 Section line Centerline -- — — 9 Eosement Line Dave L. Dave L. Joens. PLS Date Joens License Number 71579 0 200 11579 My License Renewal Date is December 31. 2006 IOWA * Pages or sneers covered by this seal: Sheet 1 of 1 SCALE (FEET) STORY COUNTY- PARCEL 27 SHEET 1 OF 1 CITY OF AMES TRANSMISSION LINE EASEMENT PLAT PN: 104.0899 page 3 of 4 FN: A-1725 SNYDER &ASSOCIATES 501 S.W.ORALABOR ROAD DATE: 05/19/05 Engineers and Planners ANKENY,IA 50021(515)964-2020 TECH: JCC \JCC\Work_\lwy P.C. 23120o5 JCC By By STATE OF COUNTY OFF)" eD This instrument was acknowledged before me on by tj 61 RIMM T.WERE ComnMNon NumbK ts7144 My Corronhelm Expires fig- m 7 1 ,Notary Public STATE OF COUNTY OF This instrument was acknowledged before me on ,by as of Notary Public Page 4 of 4